North Carolina Motion for Review of Certification is a legal process used to challenge or seek a reconsideration of a certification decision made by an administrative agency in North Carolina. This motion allows individuals or parties with legal standing to present evidence or arguments that support their case for obtaining a review of the certification decision. In North Carolina, there are different types of motions that can be filed for the review of certification. These include: 1. Motion for Review of Certification of Class Action: This type of motion is filed in cases where a class action lawsuit has been certified by the court. The party seeking a review of the certification must present valid grounds such as errors in the class certification process, lack of common questions of law or fact, or any other significant aspect that affects the fairness or adequacy of the class. 2. Motion for Review of Certification of Professional License: This motion is relevant in cases where a professional license, such as a medical, legal, or engineering license, has been denied or revoked by a licensing board or agency. The party filing the motion needs to provide substantial evidence demonstrating the inappropriate or unjust grounds for the license denial or revocation. 3. Motion for Review of Certification of Environmental Impact Assessment: This type of motion is applicable when a certification has been granted or denied for an environmental impact assessment (EIA) conducted for a proposed project, such as construction, mining, or infrastructure development. The party filing this motion must present evidence to challenge the accuracy, completeness, or appropriateness of the EIA that led to the certification decision. 4. Motion for Review of Certification of Disadvantaged Business Enterprises (BE): This motion can be filed when a business entity's application for BE certification, which provides eligibility for certain government contracting opportunities, has been denied or its certification has been revoked. The party seeking review needs to demonstrate that the denial or revocation was based on incorrect or unfair assessment of eligibility criteria. In each case, the North Carolina Motion for Review of Certification enables individuals or parties to seek a thorough review, present additional evidence, and challenge the certification decision if they believe it is unfounded or unjust. It is essential to understand relevant laws, regulations, and procedures when pursuing a motion for review to enhance the chances of a successful outcome.
North Carolina Motion for Review of Certification
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How to fill out North Carolina Motion For Review Of Certification?
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If an attorney is admitted to practice before the Court of Appeals in a matter, the attorney shall be required to file another motion should the case proceed to the Supreme Court. However, if the required fee has been paid to the Court of Appeals, another fee shall not be due at the Supreme Court.
Rule 37 - Motions in Appellate Courts (a)Time; Content of Motions; Response. An application to a court of the appellate division for an order or for other relief available under these rules may be made by filing a motion for such order or other relief with the clerk of the court, with service on all other parties.
Rule 27 - Computation and Extension of Time (a)Computation of Time. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.
Rule 23. Class actions. (a) Representation. - If persons constituting a class are so numerous as to make it impracticable to bring them all before the court, such of them, one or more, as will fairly insure the adequate representation of all may, on behalf of all, sue or be sued.
Rule 28 of the North Carolina Rules of Appellate Procedure requires that an appellant's brief contain ?[a] full and complete statement of the facts,? which ?should be a non-argumentative summary of all material facts underlying the matter in controversy which are necessary to understand all issues presented for review, ...
Depositions before action or pending appeal. (1) Petition. ? A person who desires to perpetuate that person's own testimony or the testimony of another person regarding any matter may file a verified petition in the appropriate court in a county where any expected adverse party resides.
A circuit judge may act alone on any motion, but may not dismiss or otherwise determine an appeal or other proceeding. A court of appeals may provide by rule or by order in a particular case that only the court may act on any motion or class of motions. The court may review the action of a single judge.
