§ 113A-122. Procedures for hearings on permit decisions.
§113A‑122. Procedures for hearings on permit decisions.
(a) Repealed by SessionLaws 1987, c. 827, s. 140.
(b) The followingprovisions shall be applicable in connection with hearings pursuant to thissection:
(1), (2) Repealed by SessionLaws 1987, c. 827, s. 140.
(3) A full and completerecord of all proceedings at any hearing under this section shall be taken bya reporter appointed by the Commission or by other method approved by theAttorney General. Any party to a proceeding shall be entitled to a copy of suchrecord upon the payment of the reasonable cost thereof as determined by theCommission.
(4) to (6) Repealed bySession Laws 1987, c. 827, s. 140.
(7) The burden of proofat any hearing on a decision granting a permit shall be upon the person whorequested the hearing.
(8), (9) Repealed by SessionLaws 1987, c. 827, s. 140.
(10) The Commission shallgrant or deny the permit in accordance with the provisions of G.S. 113A‑120.All such orders and decisions of the Commission shall set forth separately theCommission's findings of fact and conclusions of law and shall, wherevernecessary, cite the appropriate provision of law or other source of authorityon which any action or decision of the Commission is based.
(11) The Commission shallhave the authority to adopt a seal which shall be the seal of said Commissionand which shall be judicially noticed by the courts of the State. Any document,proceeding, order, decree, special order, rule, rule of procedure or any otherofficial act or records of the Commission or its minutes may be certified bythe Executive Director under his hand and the seal of the Commission and whenso certified shall be received in evidence in all actions or proceedings in thecourts of the State without further proof of the identity of the same if suchrecords are competent, relevant and material in any such action to proceedings.The Commission shall have the right to take official notice of all studies,reports, statistical data or any other official reports or records of thefederal government or of any sister state and all such records, reports anddata may be placed in evidence by the Commission or by any other person orinterested party where material, relevant and competent.
(c) Failure of theCommission to approve or deny an application for a permit pursuant to thissection within 75 days from receipt of application shall be treated as approvalof the application, except the Commission may extend the deadline by not morethan an additional 75 days in exceptional cases.
Failure of the Commission todispose of an appeal pursuant to this section within 90 days from notice ofappeal shall be treated as approval of the action appealed from, except thatthe Commission may extend the deadline by not more than an additional 90 daysif necessary to properly consider the appeal.
(d) All notices whichare required to be given by the Secretary or Commission or by any party to aproceeding under this section shall be given by registered or certified mail toall persons entitled thereto. The date of receipt or refusal for suchregistered or certified mail shall be the date when such notice is deemed tohave been given. Notice by the Commission may be given to any person upon whoma summons may be served in accordance with the provisions of law covering civilactions in the superior courts of this State. The Commission may prescribe theform and content of any particular notice. (1973, c. 1284, s. 1; 1979,c. 253, s. 6; 1981, c. 913, ss. 4‑ 6; 1983, c. 172, s. 2; 1987, c. 827,s. 140.)