§ 12-20. Judicial review.

(a)

Judicial review of the final decision of the Commission shall be in accordance with the provisions provided for judicial review of agency decisions as set forth in Article 4, § 150B of the North Carolina General Statutes.

(b)

In reviewing the final decision of the Commission, the court may affirm the decision or remand the case for further proceedings. It may also reverse or modify the final decision of the Commission if the substantial rights of the petitioner may have been prejudiced because the Commission's findings, inferences, conclusions, or decisions are:

(1)

In violation of constitutional provisions;

(2)

In excess of the statutory authority or jurisdiction of the agency;

(3)

Made upon unlawful procedure;

(4)

Affected by other error of law;

(5)

Unsupported by substantial evidence; or

(6)

Arbitrary or capricious.

(c)

The court in a review proceeding may:

(1)

Affirm, modify, or reverse the Commission's decision;

(2)

Remand the case to the Commission for further proceedings;

(3)

Grant to any party such temporary relief, restraining order, or other order as it deems appropriate; or

(4)

Issue an order to enforce the Commission's decision to the extent that the decision is affirmed or modified.

(d)

A party to a review proceeding in Superior Court may appeal to the appellate division from the final judgment of the Superior Court as provided in N.C. Gen. Stat. § 7A-27. Pending the outcome of an appeal, an appealing party may apply to the court that issued the judgment under appeal for a stay of that judgment or a stay of the decision that is the subject of the appeal, as appropriate.

(Ord. of 8-3-1995, Art. IX, eff. 1-1-1995)