150B-45. Procedure for seeking review; waiver.
(a) Procedure. - To obtain judicial review of a final decision under this Article, the person seeking review must file a petition within 30 days after the person is served with a written copy of the decision. The petition must be filed as follows:
(1) Contested tax cases. - A petition for review of a final decision in a contested tax case arising under G.S. 105-241.15 must be filed in the Superior Court of Wake County.
(2) Other final decisions. - A petition for review of any other final decision under this Article must be filed in the superior court of the county where the person aggrieved by the administrative decision resides, or in the case of a person residing outside the State, in the county where the contested case which resulted in the final decision was filed.
(b) Waiver. - A person who fails to file a petition within the required time waives the right to judicial review under this Article. For good cause shown, however, the superior court may accept an untimely petition.
(c) Judicial Review for State Board of Elections and Ethics Enforcement. - For a stay entered pursuant to G.S. 150B-33(b)(6), the State Board of Elections and Ethics Enforcement may obtain judicial review of the temporary restraining order or preliminary injunction in the superior court of the county designated in subsection (a) of this section. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1987, c. 878, s. 16; 2007-491, s. 43; 2013-143, s. 4; 2018-13, s. 3.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 150B - Administrative Procedure Act
§ 150B-43 - Right to judicial review.
§ 150B-44 - Right to judicial intervention when final decision unreasonably delayed.
§ 150B-45 - Procedure for seeking review; waiver.
§ 150B-46 - Contents of petition; copies served on all parties; intervention.
§ 150B-47 - Records filed with clerk of superior court; contents of records; costs.
§ 150B-50 - Review by superior court without jury.