For the purpose of conducting hearings, making decisions and issuing orders, and in formal investigations where a record is made of testimony under oath, the Commission shall be deemed to exercise functions judicial in nature and shall have all the powers and jurisdiction of a court of general jurisdiction as to all subjects over which the Commission has or may hereafter be given jurisdiction by law. The commissioners and members of the Commission's staff designated and assigned as examiners shall have full power to administer oaths and to hear and take evidence. The Commission shall render its decisions upon questions of law and of fact in the same manner as a court of record. A majority of the commissioners shall constitute a quorum, and any order or decision of a majority of the commissioners shall constitute the order or decision of the Commission, except as otherwise provided in this Chapter. (1949, c. 989, s. 1; 1963, c. 1165, s. 1.)
Notes of Decisions
In Re Redmond Ex Rel. Nichols, 369 N.C. 490 (N.C. 2017).
· cites it 6× “2d at 342 (quoting N.C.G.S. § 62-60 (1989)). Such power is properly exercised “[f]or the purpose of conducting hearings, making decisions and issuing orders, and in formal investigations where a record is made of testimony under oath.”
State Ex Rel. Utils. Comm'n v. Carolina Util. Customers Ass'n, Inc., 446 S.E.2d 332 (N.C. 1994).
· cites it 10× “4 CUCA argues that the Commission has this authority pursuant to N.C.G.S. § 62-60, which provides: For the purpose of conducting hearings, making decisions and issuing orders, and in formal investigations where a record is made of testimony under oath, the Commission shall be…”
State Ex Rel. Utils. Comm'n v. Empire Power Co., 435 S.E.2d 553 (N.C. Ct. App. 1993).
· cites it 6× “In so doing, however, the Commission may not, and we find it did not, deviate from the process which is stated clearly and unambiguously in sections 62-82 and 62-110.”
State ex rel. Utils. Comm'n v. Edmisten, 242 S.E.2d 862 (N.C. 1978).
· cites it 2× “62-60 provides that, “For the purpose of conducting hearings, making decisions and is *603 suing orders, and in formal investigations where a record is made of testimony under oath, the Commission shall be deemed to exercise functions judicial in nature and shall have all the…”
State Ex Rel. Utils. Comm'n v. Thrifty Call, Inc., 571 S.E.2d 622 (N.C. Ct. App. 2002).
· cites it 2× “The Commission may “exercise such general power and authority to supervise and control the public utilities of the State as may be necessary to carry out the laws providing for their regulation, and all such other powers and duties as may be necessary or incident to the proper…”
State Ex Rel. Utils. Com'n v. Edmisten, 242 S.E.2d 862 (N.C. 1978).
· cites it 2× “62-60 provides that, "For the purpose of conducting hearings, making decisions and issuing orders, and in formal investigations where a record is made of testimony under oath, the Commission shall be deemed to exercise functions judicial in nature and shall have all the powers…”
State v. Pub. Staff, 473 S.E.2d 661 (N.C. Ct. App. 1996).
· cites it 2× “§ 62-31 (1989) (“Power to make and enforce rules”) and N.C. Gen. Stat. § 62-60 (1989) (Power to “act[] in a judicial capacity”).”
Dennis v. Duke Power Co., 442 S.E.2d 104 (N.C. Ct. App. 1994).
· cites it 2× “G.S. 62-60 provides: For the purpose of conducting hearings, making decisions and issuing orders, and in formal investigations where a record is made of testimony under oath, the Commission shall be deemed to exercise functions judicial in nature and shall have all the powers…”
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