reglab/housing_qa huggingface dataset:
NC Gen Stat § 62-76 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 4 - Procedure Before the Commission.|§ 62-76 - Hearings by Commission, panel of three commissioners, single commissioner, or examiner.

 62-76. Hearings by Commission, panel of three commissioners, single commissioner, or examiner.(a) Except as otherwise provided in this Chapter, any matter requiring a hearing shall be heard and decided by the Commission or shall be referred to a panel of three commissioners or one of the commissioners or a qualified member of the Commission staff as examiner for hearing, report and recommendation of an appropriate order or decision thereon. Subject to the limitations prescribed in this Article, a panel of three commissioners, hearing commissioner or examiner to whom a hearing has been referred by order of the chairman shall have all the rights, duties, powers and jurisdiction conferred by this Chapter upon the Commission. The chairman, in his discretion, may direct any hearing by the Commission or any panel, commissioner or examiner to be held in such place or places within the State as he may determine to be in the public interest and as will best serve the convenience of interested parties. Before any member of the Commission staff enters upon the performance of duties as an examiner, he shall first take, subscribe to and file with the Commission an oath similar to the oath required of members of the Commission.(b) Repealed by Session Laws 1975, c. 243, s. 5.(c) In all cases in which a pending proceeding shall be assigned to a hearing commissioner, such commissioner shall hear and determine the proceedings and submit his recommended order, but, in the event of a petition to the full Commission to review such recommended order, the hearing commissioner shall take no part in such review, either in hearing oral argument or in consideration of the Commission's decision, but his vote shall be counted in such decision to affirm his original order. (1949, c. 989, s. 1; 1959, c. 639, s. 3; 1963, c. 1165, s. 1; 1975, c. 243, ss. 5, 9, 10.)
NC Gen Stat § 62-77 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 4 - Procedure Before the Commission.|§ 62-77 - Recommended decision of panel of three commissioners, single commissioner or examiner.

 62-77. Recommended decision of panel of three commissioners, single commissioner or examiner.Any report, order or decision made or recommended by a panel of three commissioners, commissioner or examiner with respect to any matter referred for hearing shall be in writing and shall set forth separately findings of fact and conclusions of law and shall be filed with the Commission. A copy of such recommended order, report and findings shall be served upon the parties who have appeared in the proceeding. (1949, c. 989, s. 1; 1963, c. 1165, s. 1; 1975, c. 243, s. 9.)
NC Gen Stat § 62-78 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 4 - Procedure Before the Commission.|§ 62-78 - Proposed findings, briefs, exceptions, orders, expediting cases, and other procedure.

 62-78. Proposed findings, briefs, exceptions, orders, expediting cases, and other procedure.(a) Prior to each decision or order by the Commission in a proceeding initially heard by it and prior to any recommended decision or order of a panel of three commissioners, commissioner or examiner, the parties shall be afforded an opportunity to submit, within the time prescribed by order entered in the cause, unless further extended by order of the Commission, for the consideration of the Commission, panel, commissioner or examiner, as the case may be, proposed findings of fact and conclusions of law and briefs or, in its discretion, oral arguments in lieu thereof.(b) Within the time prescribed by the panel of three commissioners, commissioner, or examiner, the parties shall be afforded an opportunity to file exceptions to the recommended decision or order and a brief in support thereof, provided the time so fixed shall be not less than 15 days from the date of such recommended decision or order. The record shall show the ruling upon each requested finding and conclusion or exception.(c) In all proceedings in which a panel of three commissioners, commissioner or examiner has filed a report, recommended decision or order to which exceptions have been filed, the Commission, before making its final decision or order, shall afford the party or parties an opportunity for oral argument. When no exceptions are filed within the time specified to a recommended decision or order, such recommended decision or order shall become the order of the Commission and shall immediately become effective unless the order is stayed or postponed by the Commission; provided, the Commission may, on its own motion, review any such matter and take action thereon as if exceptions thereto had been filed.(d) When exceptions are filed, as herein provided, it shall be the duty of the Commission to consider the same and if sufficient reason appears therefor, to grant such review or make such order or hold or authorize such further hearing or proceeding as may be necessary or proper to carry out the purposes of this Chapter. The Commission, after review, upon the whole record, or as supplemented by a further hearing, shall decide the matter in controversy and make appropriate order or decision thereon.(e) The Commission may expedite the hearing and decision of any case if the public interest so requires by the use of pretrial conferences, daily transcripts of evidence, trial briefs, and prompt oral argument, and by granting priority to the hearing and decision of such case. (1949, c. 989, s. 1; 1959, c. 639, s. 4; 1963, c. 1165, s. 1; 1975, c. 243, ss. 9, 10; c. 867, s. 5.)
NC Gen Stat § 62-79 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 4 - Procedure Before the Commission.|§ 62-79 - Final orders and decisions; findings; service; compliance.

 62-79. Final orders and decisions; findings; service; compliance.(a) All final orders and decisions of the Commission shall be sufficient in detail to enable the court on appeal to determine the controverted questions presented in the proceedings and shall include:(1) Findings and conclusions and the reasons or bases therefor upon all the material issues of fact, law, or discretion presented in the record, and(2) The appropriate rule, order, sanction, relief or statement of denial thereof.(b) A copy of every final order or decision under the seal of the Commission shall be served in the manner prescribed by the Commission upon the person against whom it runs or his attorney and notice thereof shall be given to the other parties to the proceeding or their attorney. Such order shall take effect and become operative when issued unless otherwise designated therein and shall continue in force either for a period which may be designated therein or until changed or revoked by the Commission. If an order cannot, in the judgment of the Commission, be complied with within the time designated therein, the Commission may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order, and may, on application and for good cause shown, extend the time for compliance fixed in its order.  (1949, c. 989, s. 1; 1957, c. 1152, s. 4; 1959, c. 639, s. 4; 1961, c. 472, s. 1; 1963, c. 1165, s. 1; 1981, c. 193, s. 2; 2021-23, s. 9.)
NC Gen Stat § 62-80 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 4 - Procedure Before the Commission.|§ 62-80 - Powers of Commission to rescind, alter or amend prior order or decision.

 62-80. Powers of Commission to rescind, alter or amend prior order or decision.The Commission may at any time upon notice to the public utility and to the other parties of record affected, and after opportunity to be heard as provided in the case of complaints, rescind, alter or amend any order or decision made by it. Any order rescinding, altering or amending a prior order or decision shall, when served upon the public utility affected, have the same effect as is herein provided for original orders or decisions. (1949, c. 989, s. 1; 1963, c. 1165, s. 1.)
NC Gen Stat § 62-90 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 5 - Review and Enforcement of Orders.|§ 62-90 - Right of appeal; filing of exceptions.

 62-90. Right of appeal; filing of exceptions.(a) Any party to a proceeding before the Commission may appeal from any final order or decision of the Commission within 30 days after the entry of such final order or decision, or within such time thereafter as may be fixed by the Commission, not to exceed 30 additional days, and by order made within 30 days, if the party aggrieved by such decision or order shall file with the Commission notice of appeal and exceptions which shall set forth specifically the ground or grounds on which the aggrieved party considers said decisions or order to be unlawful, unjust, unreasonable or unwarranted, and including errors alleged to have been committed by the Commission.All other parties may give notice of cross appeal and set out exceptions which shall set forth specifically the grounds on which the said party considers said decision or order to be unlawful, unjust, unreasonable or unwarranted, and including errors alleged to have been committed by the Commission. Such notice of cross appeal and exceptions shall be filed with the Commission within 20 days after the first notice of appeal and exceptions has been filed, or within such time thereafter as may be fixed by the Commission, not to exceed 20 additional days by order made within 20 days of the first filed notice of appeal and exceptions.(b) Any party may appeal from all or any portion of any final order or decision of the Commission in the manner herein provided. Copy of the notice of appeal shall be mailed by the appealing party at the time of filing with the Commission, to each party to the proceeding to the addresses as they appear in the files of the Commission in the proceeding. The failure of any party, other than the Commission, to be served with or to receive a copy of the notice of appeal shall not affect the validity or regularity of the appeal.(c) The Commission may on motion of any party to the proceeding or on its own motion set the exceptions to the final order upon which such appeal is based for further hearing before the Commission.(d) The appeal shall lie to the appellate division of the General Court of Justice as provided in G.S. 7A-29. The procedure for the appeal shall be as provided by the rules of appellate procedure.(e), (f) Repealed by Session Laws 1975, c. 391, s. 12.(g) Repealed by Session Laws 1983, c. 526, s. 5. (1949, c. 989, s. 1; 1955, c. 1207, s. 1; 1959, c. 639, s. 1; 1963, c. 1165, s. 1; 1967, c. 1190, s. 1; 1975, c. 391, s. 12; 1983, c. 526, ss. 4, 5; c. 572.)
NC Gen Stat § 62-91 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 5 - Review and Enforcement of Orders.|§ 62-91 - Appeal docketed; title on appeal; priorities on appeal.

 62-91. Appeal docketed; title on appeal; priorities on appeal.Unless otherwise provided by the rules of appellate procedure, the cause on appeal from the Utilities Commission shall be entitled "State of North Carolina ex rel. Utilities Commission (here add any additional parties in support of the Commission Order and their capacity before the Commission), Appellee(s) v. (here insert name of appellant and his capacity before the Commission), Appellant." Appeals from the Utilities Commission pending in the superior courts on September 30, 1967, shall remain on the civil issue docket of such superior court and shall have priority over other civil actions. (1949, c. 989, s. 1; 1963, c. 1165, s. 1; 1967, c. 1190, s. 6; 1975, c. 391, s. 13; 1983, c. 526, s. 6.)
NC Gen Stat § 62-92 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 5 - Review and Enforcement of Orders.|§ 62-92 - Parties on appeal.

 62-92. Parties on appeal.In any appeal to the appellate division of the General Court of Justice, the complainant in the original complaint before the Commission shall be a party to the record and each of the parties to the proceeding before the Commission shall have a right to appear and participate in said appeal. (1949, c. 989, s. 1; 1963, c. 1165, s. 1; 1967, c. 1190, s. 2; 1983, c. 526, s. 7.)
NC Gen Stat § 62-93 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 5 - Review and Enforcement of Orders.|§ 62-93 - No evidence admitted on appeal; remission for further evidence.

 62-93. No evidence admitted on appeal; remission for further evidence.No evidence shall be received at the hearing on appeal but if any party shall satisfy the court that evidence has been discovered since the hearing before the Commission that could not have been obtained for use at that hearing by the exercise of reasonable diligence, and will materially affect the merits of the case, the court may, in its discretion, remand the record and proceedings to the Commission with directions to take such subsequently discovered evidence, and after consideration thereof, to make such order as the Commission may deem proper, from which order an appeal shall lie as in the case of any other final order from which an appeal may be taken as provided in G.S. 62-90. (1949, c. 989, s. 1; 1955, c. 1207, s. 2; 1963, c. 1165, s. 1.)
NC Gen Stat § 62-94 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 5 - Review and Enforcement of Orders.|§ 62-94 - Record on appeal; extent of review.

 62-94. Record on appeal; extent of review.(a) On appeal the court shall review the record and the exceptions and assignments of error in accordance with the rules of appellate procedure, and any alleged irregularities in procedures before the Commission, not shown in the record, shall be considered under the rules of appellate procedure.(b) So far as necessary to the decision and where presented, the court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning and applicability of the terms of any Commission action. The court may affirm or reverse the decision of the Commission, declare the same null and void, or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the appellants have been prejudiced because the Commission's findings, inferences, conclusions or decisions are:(1) In violation of constitutional provisions, or(2) In excess of statutory authority or jurisdiction of the Commission, or(3) Made upon unlawful proceedings, or(4) Affected by other errors of law, or(5) Unsupported by competent, material and substantial evidence in view of the entire record as submitted, or(6) Arbitrary or capricious.(c) In making the foregoing determinations, the court shall review the whole record or such portions thereof as may be cited by any party and due account shall be taken of the rule of prejudicial error. The appellant shall not be permitted to rely upon any grounds for relief on appeal which were not set forth specifically in his notice of appeal filed with the Commission.(d) The court shall also compel action of the Commission unlawfully withheld or unlawfully or unreasonably delayed.(e) Upon any appeal, the rates fixed or any rule, regulation, finding, determination, or order made by the Commission under the provisions of this Chapter shall be prima facie just and reasonable. (1949, c. 989, s. 1; 1955, c. 1207, s. 3; 1963, c. 1165, s. 1; 1969, c. 614; 1975, c. 391, s. 14.)
NC Gen Stat § 62-95 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 5 - Review and Enforcement of Orders.|§ 62-95 - Relief pending review on appeal.

 62-95. Relief pending review on appeal.Pending judicial review, the Commission is authorized, where it finds that justice so requires, to postpone the effective date of any action taken by it. Upon such conditions as may be required and to the extent necessary to prevent irreparable injury, a judge of the appellate court with jurisdiction over the case on appeal is authorized to issue all necessary and appropriate process to postpone the effective date of any action by the Commission or take such action as may be necessary to preserve status or rights of any of the parties pending conclusion of the proceedings on appeal. The court may require the applicant for such stay to post adequate bond as required by the court. (1949, c. 989, s. 1; 1963, c. 1165, s. 1; 1967, c. 1190, s. 8; 1983, c. 526, s. 8.)
NC Gen Stat § 62-96 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 5 - Review and Enforcement of Orders.|§ 62-96 - Appeal to Supreme Court.

 62-96. Appeal to Supreme Court.Appeals of final orders of the Utilities Commission to the Supreme Court are governed by Article 5 of General Statutes Chapter 7A. In all appeals filed in the Court of Appeals, any party may file a motion for discretionary review in the Supreme Court pursuant to G.S. 7A-31. If the Commission is the appealing party, it is not required to give any undertaking or make any deposit to assure payment of the cost of the appeal, and the court may advance the cause on its docket. (1949, c. 989, s. 1; 1963, c. 1165, s. 1; 1967, c. 1190, s. 3; 1983, c. 526, s. 9.)
NC Gen Stat § 62-97 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 5 - Review and Enforcement of Orders.|§ 62-97 - Judgment on appeal enforced by mandamus.

 62-97. Judgment on appeal enforced by mandamus.In all cases in which, upon appeal, an order or decision of the Commission is affirmed, in whole or in part, the appellate court shall include in its decree a mandamus to the appropriate party to put said order in force, or so much thereof as shall be affirmed, or the appellate court may make such other order as it deems appropriate. (1949, c. 989, s. 1; 1963, c. 1165, s. 1.)
NC Gen Stat § 62-98 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 5 - Review and Enforcement of Orders.|§ 62-98 - Peremptory mandamus to enforce order, when no appeal.

 62-98. Peremptory mandamus to enforce order, when no appeal.(a) If no appeal is taken from an order or decision of the Commission within the time prescribed by law and the person to which the order or decision is directed fails to put the same in operation, as therein required, the Commission may apply to a superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or G.S. 7A-48 in Wake County or in the district or set of districts as defined in G.S. 7A-41.1 in which the business is conducted, upon 10 days' notice, for a peremptory mandamus upon said person for the putting in force of said order or decision; and if said judge shall find that the order of said Commission was valid and within the scope of its powers, he shall issue such peremptory mandamus.(b) An appeal shall lie to the Court of Appeals in behalf of the Commission, or the defendant, from the refusal or the granting of such peremptory mandamus. The remedy prescribed in this section for enforcement of orders of the Commission is in addition to other remedies prescribed by law. (1949, c. 989, s. 1; 1963, c. 1165, s. 1; 1967, c. 1190, s. 4; 1987 (Reg. Sess., 1988), c. 1037, s. 92.)
NC Gen Stat § 62-100 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 5A - Siting of Transmission Lines.|§ 62-100 - Definitions.

 62-100. Definitions.As used in this Article:(1) The term "begin to construct" includes any clearing of land, excavation, or other action that would adversely affect the natural environment of the route of a transmission line; but that term does not include land surveys, boring to ascertain geological conditions, or similar preliminary work undertaken to determine the suitability of proposed routes for a transmission line that results in temporary changes to the land.(2) The word "county" means any one of the counties listed in G.S. 153A-10.(3) The word "land" means any real estate or any estate or interest in real estate, including water and riparian rights, regardless of the use to which it is devoted.(4) The word "lines" means distribution lines and transmission lines collectively.(5) The word "municipality" means any incorporated community, whether designated as a city, town, or village and any area over which it exercises any of the powers granted by Article 19 of Chapter 160A of the General Statutes.(6) The term "public utility" means any of the following:a. A public utility, as defined in G.S. 62-3(23).b. An electric membership corporation.c. A joint municipal power agency.d. A city or county that is engaged in producing, generating, transmitting, delivering, or furnishing electricity for private or public use.(7) The term "transmission line" means an electric line designed with a capacity of at least 161 kilovolts.  (1991, c. 189, s. 1; 2013-232, s. 1.)
NC Gen Stat § 62-103 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 5A - Siting of Transmission Lines.|§ 62-103 - Parties.

 62-103. Parties.(a) The following persons shall be parties to a certification proceeding under this Article:(1) The applicant;(2) The Public Staff.(b) The following persons may intervene in a certification proceeding under this Article if a petition to intervene is filed with the Commission within 100 days of the filing of the application and the petition is subsequently granted:(1) Any State department, municipality, or county entitled to notice under G.S. 62-102(b);(2) Any person whose land will be crossed by the proposed line;(3) Any other person who can show a substantial interest in the certification proceeding. (1991, c. 189, s. 1.)
NC Gen Stat § 62-104 (2021)
2021 North Carolina General Statutes|Chapter 62 - Public Utilities|Article 5A - Siting of Transmission Lines.|§ 62-104 - Hearings.

 62-104. Hearings.(a) The Commission shall schedule a hearing upon each application filed under this Article not more than 120 days after the filing and shall conclude the proceeding as expeditiously as possible. The Commission may, however, extend this time period for substantial cause.(b) If, after proper notice of the application has been given, no significant protests are filed with the Commission, the Commission may cancel the hearing and decide the case on the basis of the filed record.(c) The Commission shall issue an order on each application filed under this Article within 60 days of the conclusion of the hearing. The Commission may extend this time period for substantial cause. (1991, c. 189, s. 1.)