2009 North Carolina Code
Chapter 62 - Public Utilities.
§ 62-94. Record on appeal; extent of review.

§ 62‑94.  Record on appeal; extent of review.

(a)        On appeal the court shall review the record and the exceptions and assignments of error in accordance with the rules of appellate procedure, and any alleged irregularities in procedures before the Commission, not shown in the record, shall be considered under the rules of appellate procedure.

(b)        So far as necessary to the decision and where presented, the court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning and applicability of the terms of any Commission action. The court may affirm or reverse the decision of the Commission, declare the same null and void, or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the appellants have been prejudiced because the Commission's findings, inferences, conclusions or decisions are:

(1)        In violation of constitutional provisions, or

(2)        In excess of statutory authority or jurisdiction of the Commission, or

(3)        Made upon unlawful proceedings, or

(4)        Affected by other errors of law, or

(5)        Unsupported by competent, material and substantial evidence in view of the entire record as submitted, or

(6)        Arbitrary or capricious.

(c)        In making the foregoing determinations, the court shall review the whole record or such portions thereof as may be cited by any party and due account shall be taken of the rule of prejudicial error. The appellant shall not be permitted to rely upon any grounds for relief on appeal which were not set forth specifically in his notice of appeal filed with the Commission.

(d)        The court shall also compel action of the Commission unlawfully withheld or unlawfully or unreasonably delayed.

(e)        Upon any appeal, the rates fixed or any rule, regulation, finding, determination, or order made by the Commission under the provisions of this Chapter shall be prima facie just and reasonable. (1949, c. 989, s. 1; 1955, c. 1207, s. 3; 1963, c. 1165, s. 1; 1969, c. 614; 1975, c. 391, s. 14.)