113-406. Effect of pendency of judicial review; stay of proceedings.
The filing or pendency of the application for judicial review provided for in this Article shall not in itself stay or suspend the operation of any order or decision of the Department, but, during the pendency of such proceeding the court, in its discretion, may stay or suspend, in whole or in part, the operation of the order or decision of the Department. No order so staying or suspending an order or decision of the Department shall be made by any court of this State otherwise than on five days' notice and, after a hearing, and if a stay or suspension is allowed the order granting the same shall contain a specific finding, based upon evidence submitted to the court and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner and specifying the nature of the damage. (1945, c. 702, s. 26; 1973, c. 1262, s. 86; 1987, c. 827, s. 120.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 113 - Conservation and Development
Article 27 - Oil and Gas Conservation.
§ 113-378 - Persons drilling for oil or gas to register and furnish bond.
§ 113-379 - Filing log of drilling and development of each well.
§ 113-380 - Violation a misdemeanor.
§ 113-382 - Declaration of policy.
§ 113-391 - Jurisdiction and authority; rules and orders.
§ 113-392 - Protecting pool owners; drilling units in pools; location of wells; shares in pools.
§ 113-393 - Development of lands as drilling unit by agreement or order of Commission.
§ 113-394 - Limitations on production; allocating and prorating "allowables."
§ 113-395 - Permits, fees, and notice required for oil and gas activities.
§ 113-395.1 - Miscellaneous permit requirements.
§ 113-395.2 - Subsurface injection of waste prohibited.
§ 113-395.3 - Environmental compliance review requirements for applicants and permit holders.
§ 113-395.4 - Seismic or geophysical data collection.
§ 113-396 - Wells to be kept under control.
§ 113-397 - Hearing in emergency.
§ 113-398 - Procedure and powers in hearings by Department.
§ 113-399 - Suits by Department.
§ 113-400 - Assessing costs of hearings.
§ 113-401 - Party to hearings; review.
§ 113-402 - Administrative review.
§ 113-406 - Effect of pendency of judicial review; stay of proceedings.
§ 113-409 - Punishment for making false entries, etc.
§ 113-410 - Penalties for other violations.
§ 113-411 - Dealing in or handling of illegal oil, gas or product prohibited.
§ 113-412 - Seizure and sale of contraband oil, gas and product.
§ 113-414 - Filing list of renewed leases in office of register of deeds.
§ 113-420 - Notice and entry to property.
§ 113-423 - Required lease terms.
§ 113-423.1 - Surface activities.
§ 113-425 - Registry of landmen required.