Any person or party in interest who has exhausted all administrative remedies available under this Article and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Article 4 of Chapter 150B of the General Statutes. The Commissioner may file in the office of the clerk of the superior court of the county wherein the person, firm or corporation under order resides, or, if a corporation is involved, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Commissioner affirmed upon appeal. Whereupon, the clerk of said court shall enter judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by the superior court of the General Court of Justice. (1973, c. 295, s. 16; c. 1331, s. 3; 1987, c. 827, s. 265.)
Notes of Decisions
Brooks v. McWhirter Grading Co., Inc., 281 S.E.2d 24 (N.C. 1981).
· cites it 2× “Pursuant to G.S. 95-141 respondent sought judicial review of the Board’s decision before the Superior Court, Wake County.”
O. S. Steel Erectors v. Brooks, 353 S.E.2d 869 (N.C. Ct. App. 1987).
“Laws ch. 746, s. 19. Under G.S. 150A-46, the exceptions taken by a party aggrieved by a final agency decision are to be specifically set out in the party’s petition for judicial review.”
Brooks v. BCF Piping, Inc., 426 S.E.2d 282 (N.C. Ct. App. 1993).
· cites it 2× “Pursuant to North Carolina General Statutes § 95-141 (1985) and North Carolina General Statutes § 150B-43 (1991), the Commissioner sought judicial review before the Superior Court of Wake *29 County.”
Yates Constr. Co. v. Comm'r of Labor for North Carolina, 484 S.E.2d 430 (N.C. Ct. App. 1997).
· cites it 2× “N.C. Gen. Stat. § 95-141 (1993). The Administrative Procedure Act provides that the court reviewing a final decision may affirm the decision of the agency or remand the case for further proceedings.”
House of Raeford Farms, Inc. v. Brooks, 304 S.E.2d 619 (N.C. Ct. App. 1983).
“150A-1 (1983) expressly exempts the Occupational Safety and Health Review Board from the provisions of the APA, G.S. 95-141 (1981) expressly provides that *108 judicial review on appeal from contested cases under the OSHA shall be in accordance with General Statutes Chapter…”
Daniel Constr. Co. v. Brooks, 326 S.E.2d 339 (N.C. Ct. App. 1985).
“As directed by G.S. 95-141, the Board’s decision was reviewed by the court in accordance with the provisions of Chapter 150A of the General Statutes.”
Brooks v. Austin Berryhill Fabricators, Inc., 401 S.E.2d 795 (N.C. Ct. App. 1991).
“Fourth, respondent contends that the trial court erred in affirming the Review Board’s decision because the decision was contrary to the findings of fact made by the Review Board and omitted uncontroverted findings of fact by the hearing examiner.”
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