North Carolina General Statutes 53C-3-6. Commission decision
Terms Used In North Carolina General Statutes 53C-3-6
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The Commission shall consider the findings and order of the Commissioner, oral testimony, and any other information and evidence, either written or oral, that comes before it at the public hearing to review the Commissioner’s approval of an application for a charter. The Commission may adjourn and reconvene the public hearing in unusual circumstances. The Commission shall affirm or reverse the Commissioner’s order. The Commission may adopt the Commissioner’s recommendation with respect to conditions for issuance of a charter, or it may modify the conditions recommended by the Commissioner. The Commission shall render its decision at the public hearing, unless unusual circumstances require postponement of the decision. The Commission’s review shall be limited to a determination of whether the criteria set forth in N.C. Gen. Stat. § 53C-3-4 have been met and whether the provisions of this Article have been followed.
(b) If the Commission denies an application for a charter or if the Commission approves an application with conditions not set forth in the Commissioner’s approval, the applicant may appeal the denial or approval containing such conditions, as provided in N.C. Gen. Stat. § 53C-2-6. (2012-56, s. 4.)