04 NCAC 03B .0304          COMMISSION REViEW OF APPELLATE PANEL'S RECOMMENDED DECISION

(a)  If an appeal is heard by an Appellate Panel, that Appellate Panel, after reviewing the record on appeal, memoranda of law and hearing oral arguments, if any, shall make a recommended decision to the Commission. The Commission shall, by a vote of the majority of its members present and voting at any regular or special meeting, either affirm, affirm with modifications or reject the recommended decision of the Appellate Panel.

(b)  If the Commission rejects the Appellate Panel's recommended decision, it shall specify the actions the Appellate Panel or the Commissioner shall take with regard to the appeal.

(c)  A decision to affirm or to affirm with modifications shall be considered a "final agency decision" for purposes of G.S.150B-42.

History Note:        Authority G.S. 53C-2-1; 53C-2-6; 150B-38(h);

Eff. August 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.