North Carolina General Statutes 126-34.3. Judicial review of fee awards
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Terms Used In North Carolina General Statutes 126-34.3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
With respect to a decision of the Office of Administrative Hearings assessing or refusing to assess reasonable witness fees or a reasonable attorneys’ fee, the decision shall be subject to judicial review in accordance with N.C. Gen. Stat. § 126-34.02(a). The reviewing court may reverse or modify the decision of the Office of Administrative Hearings if the decision is unreasonable or the award is inadequate. An employee who obtains a reversal or modification of the Office of Administrative Hearings’ decision in an appeal under this section shall be entitled to recover court costs and a reasonable attorneys’ fee for representation in connection with the appeal. (2013-382, s. 6.1.)