NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 614

SENATE BILL 541

AN ACT TO AMEND G.S. 62-94 TO CONFORM UTILITIES COMMISSION APPEAL PROCEDURE WITH THE NORTH CAROLINA COURT OF APPEALS PROCEDURE.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 62-94(a) is rewritten to read as follows:

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

Sec. 2.  G.S. 62-94(e) is hereby rewritten to read as follows:

"(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."

Sec. 3.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after September 15, 1969.

In the General Assembly read three times and ratified, this the 27th day of May, 1969.