Tuesday, March 04, 2008, 10:35 AM

Appealing From The Banking Commission? If So, All You Need: Notice Of Appeal, Within 20, To Commissioner

In In re Advance America, the NC COA held that N.C. Gen. Stat. sec. 53-92(d) -- the statute that, among other things, tells parties before the Banking Commission how to appeal -- was unambiguous, must be given its plain meaning, and requires appeal only by written notice to the Commissioner of Banks within 20 days and nothing more.

The COA took the State to task for "glossing over" the words of the statute in attempting to impose a non-existent two-step filing requirement involving an Administrative Procedure Act-like petition for judicial review. The COA also rejected the State's argument that its custom and practice of requiring a notice and a petition should control. The COA underscored that the statute is unambiguous, controls, and requires no filing beyond the notice of appeal.

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