§ 58-63-35. Judicial review of cease and desist orders.
§ 58‑63‑35. Judicial review of cease and desist orders.
(a) Any person requiredby an order of the Commissioner under G.S. 58‑63‑32 to cease anddesist from engaging in any unfair method of competition or any unfair ordeceptive act or practice defined in G.S. 58‑63‑15 may obtain areview of the order by filing in the Superior Court of Wake County, within 30days from the date of the service of such order, a written petition prayingthat the order of the Commissioner be set aside. A copy of the petition shallbe immediately served upon the Commissioner, and at that time the Commissionerimmediately shall certify and file in the court a transcript of the entirerecord in the proceeding, including all the evidence taken and the report andorder of the Commissioner. Upon the filing of the petition and transcript, thecourt has jurisdiction of the proceeding and of the question determinedtherein, shall determine whether the filing of the petition shall operate as astay of the Commissioner's order, and has power to make and enter upon thepleadings, evidence, and proceedings set forth in the transcript a decreemodifying, affirming or reversing the order of the Commissioner, in whole or inpart. The findings of the Commissioner as to the facts, if supported by substantialevidence, are conclusive.
(b) To the extent thatthe order of the Commissioner is affirmed, the court shall thereupon issue itsown order commanding obedience to the terms of such order of the Commissioner.If either party shall apply to the court for leave to adduce additionalevidence, and shall show to the satisfaction of the court that such additionalevidence is material and that there were reasonable grounds for the failure toadduce such evidence in the proceeding before the Commissioner, the court mayorder such additional evidence to be taken before the Commissioner and to beadduced upon the hearing in such manner and upon such terms and conditions asto the court may seem proper. The Commissioner may modify his findings of fact,or make new findings by reason of the additional evidence so taken, and heshall file such modified or new findings which, if supported by substantialevidence shall be conclusive, and his recommendations, if any, for themodification or setting aside of his original order, with the return of suchadditional evidence.
(c) A cease and desistorder issued by the Commissioner under G.S. 58‑63‑30 shall becomefinal:
(1) Upon the expirationof the time allowed for filing a petition for review if no such petition has beenduly filed within such time; except that the Commissioner may thereafter modifyor set aside his order to the extent provided in G.S. 58‑63‑30(b);or
(2) Upon the finaldecision of the court if the court directs that the order of the Commissionerbe affirmed or the petition for review dismissed.
(d) No order of theCommissioner under this Article or order of a court to enforce the same shallin any way relieve or absolve any person affected by such order from anyliability under any other laws of this State. (1949, c. 1112; 1995, c. 193,s. 50.)