62-76. Hearings by Commission, panel of three commissioners, single commissioner, or examiner.
(a) Except as otherwise provided in this Chapter, any matter requiring a hearing shall be heard and decided by the Commission or shall be referred to a panel of three commissioners or one of the commissioners or a qualified member of the Commission staff as examiner for hearing, report and recommendation of an appropriate order or decision thereon. Subject to the limitations prescribed in this Article, a panel of three commissioners, hearing commissioner or examiner to whom a hearing has been referred by order of the chairman shall have all the rights, duties, powers and jurisdiction conferred by this Chapter upon the Commission. The chairman, in his discretion, may direct any hearing by the Commission or any panel, commissioner or examiner to be held in such place or places within the State as he may determine to be in the public interest and as will best serve the convenience of interested parties. Before any member of the Commission staff enters upon the performance of duties as an examiner, he shall first take, subscribe to and file with the Commission an oath similar to the oath required of members of the Commission.
(b) Repealed by Session Laws 1975, c. 243, s. 5.
(c) In all cases in which a pending proceeding shall be assigned to a hearing commissioner, such commissioner shall hear and determine the proceedings and submit his recommended order, but, in the event of a petition to the full Commission to review such recommended order, the hearing commissioner shall take no part in such review, either in hearing oral argument or in consideration of the Commission's decision, but his vote shall be counted in such decision to affirm his original order. (1949, c. 989, s. 1; 1959, c. 639, s. 3; 1963, c. 1165, s. 1; 1975, c. 243, ss. 5, 9, 10.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 4 - Procedure Before the Commission.
§ 62-60.1 - Commission to sit in panels of three.
§ 62-61 - Witnesses; production of papers; contempt.
§ 62-62 - Issuance and service of subpoenas.
§ 62-63 - Service of process and notices.
§ 62-65 - Rules of evidence; judicial notice.
§ 62-69 - Stipulations and agreements; prehearing conference.
§ 62-70 - Ex parte communications.
§ 62-71 - Hearings to be public; record of proceedings.
§ 62-72 - Commission may make rules of practice and procedure.
§ 62-73 - Complaints against public utilities.
§ 62-73.1 - Complaints against providers of telephone services.
§ 62-74 - Complaints by public utilities.
§ 62-76 - Hearings by Commission, panel of three commissioners, single commissioner, or examiner.
§ 62-77 - Recommended decision of panel of three commissioners, single commissioner or examiner.
§ 62-78 - Proposed findings, briefs, exceptions, orders, expediting cases, and other procedure.
§ 62-79 - Final orders and decisions; findings; service; compliance.
§ 62-80 - Powers of Commission to rescind, alter or amend prior order or decision.
§ 62-81 - Special procedure in hearing and deciding rate cases.