The decision will become final and you may waive your right to judicial review.
The Board of Review will assemble the record for the court’s review and will pay the costs to file it with the superior court. The Board of Review will file the record within 30 days of the date that it received your notice of appeal. The Board of Review will file the record with the Clerk of Superior Court in the county where you live, maintain a place of business, or conduct business. If you do not live or conduct business in North Carolina, the Board of Review will file the record in the Superior Court of Wake County, North Carolina, or with the Clerk of Superior Court in the county where the issue arose.
You can become a party to the judicial review proceeding by letting the court know that you want to be a party. You must inform the court within 10 days after you receive a copy of the petition. You can inform the court by filing a notice with the Clerk of Superior Court. You can also ask the court to add you as a party by filing a motion to intervene pursuant to N.C. Gen. Stat. § 1A-1, Rule 24.
You will have a chance to attend a hearing before a superior court judge. If you do not file and serve your petition properly, DES will file a motion to dismiss your petition. If you meet all legal requirements, the judge will review the evidence that the Board of Review used to make its decision. First, the judge will decide whether there was competent evidence in the record to support the Board of Review’s findings of fact. Next, the judge will decide whether the findings of fact support the Board of Review’s conclusions of law and decision. If your appeal was dismissed or not allowed and you file a petition for judicial review, the judge will determine whether the Board of Review abused its discretion when it dismissed or disallowed your appeal.