(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.)
Notes of Decisions
North Carolina State Bd. of Educ. v. North Carolina Learns, Inc., 751 S.E.2d 625 (N.C. Ct. App. 2013).
“§ 150B-23(a)(5) (2011) states that [a] contested case shall be commenced by paying a fee in an amount established in G.S. 150B-23.2 and by filing a petition with the [OMH] and, except as provided in Article 3A of this Chapter, shall be conducted by [the OAH], .”
Scott v. North Carolina Dep't of Crime Control & Pub. Saf., 730 S.E.2d 806 (N.C. Ct. App. 2012).
· cites it 8× “0103 and in N.C. Gen. Stat. § 150B-23.2(a). . The permissible methods for paying the required filing fee are cash, money order, certified check, or a “check drawn on an attorney’s trust account or operating account.”
Sound Rivers (N.C. Ct. App. 2020).
“North Carolina General Statute § 150B-23 provides, (a) A contested case shall be commenced by paying a fee in an amount established in G.S. 150B-23.2 and by filing a petition with the Office of Administrative Hearings and, except as provided in Article 3A of this Chapter, shall…”
Sound Rivers (N.C. Ct. App. 2020).
“North Carolina General Statute § 150B-23 provides, (a) A contested case shall be commenced by paying a fee in an amount established in G.S. 150B-23.2 and by filing a petition with the Office of Administrative Hearings and, except as provided in Article 3A of this Chapter, shall…”
— N.C. Gen. Stat. § 150B-23.2(a) — 1 case
Scott v. North Carolina Dep't of Crime Control & Pub. Saf., 730 S.E.2d 806 (N.C. Ct. App. 2012).
“0103 and in N.C. Gen. Stat. § 150B-23.2(a). . The permissible methods for paying the required filing fee are cash, money order, certified check, or a “check drawn on an attorney’s trust account or operating account.”
— N.C. Gen. Stat. § 150B-23.2(b) — 1 case
Scott v. North Carolina Dep't of Crime Control & Pub. Saf., 730 S.E.2d 806 (N.C. Ct. App. 2012).
“0103 and in N.C. Gen. Stat. § 150B-23.2(a). . The permissible methods for paying the required filing fee are cash, money order, certified check, or a “check drawn on an attorney’s trust account or operating account.”
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