150B-23.2. Fee for filing a contested case hearing.
(a) Filing Fee. - In every contested case commenced in the Office of Administrative Hearings by a person aggrieved, the petitioner shall pay a filing fee, and the administrative law judge shall have the authority to assess that filing fee against the losing party, in the amount of one hundred twenty-five dollars ($125.00), unless the Office of Administrative Hearings establishes a lesser filing fee by rule.
(b) Time of Collection. - All fees that are required to be assessed, collected, and remitted under subsection (a) of this section shall be collected by the Office of Administrative Hearings at the time of commencement of the contested case except as may be allowed by rule to permit or complete late payment or in suits in forma pauperis.
(c) Forms of Payment. - The Office of Administrative Hearings may by rule provide for the acceptable forms for payment and transmission of the filing fee.
(d) Waiver or Refund. - The Office of Administrative Hearings shall by rule provide for the fee to be waived in a contested case in which the petition is filed in forma pauperis and supported by such proofs as are required in G.S. 1-110 and in a contested case involving a mandated federal cause of action. The Office of Administrative Hearings shall by rule provide for the fee to be refunded in a contested case in which the losing party is the State. (2009-451, s. 21A.1(b); 2012-187, s. 5; 2015-264, s. 24.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 150B - Administrative Procedure Act
Article 3 - Administrative Hearings.
§ 150B-22 - Settlement; contested case.
§ 150B-22.1 - Special education petitions.
§ 150B-23.1 - Mediated settlement conferences.
§ 150B-23.2 - Fee for filing a contested case hearing.
§ 150B-23.3 - Electronic filing.
§ 150B-25 - Conduct of hearing; answer.
§ 150B-25.1 - Burden of proof.
§ 150B-28 - Depositions and discovery.
§ 150B-29 - Rules of evidence.
§ 150B-31.1 - Contested tax cases.
§ 150B-32 - Designation of administrative law judge.
§ 150B-33 - Powers of administrative law judge.
§ 150B-34 - Final decision or order.