If you disagree with a decision made about your unemployment benefits, you may be able to challenge it in court through a process called judicial review. This is a way to ask a judge to look at the facts of the case and the conclusions to check if it follows the law.
Steps to File a Petition for Judicial Review
- Get Your Higher Authority Decision:
- You must first receive the Higher Authority decision made by the Board of Review. This decision will be mailed to you and also uploaded to your MyNCUIBenefits account.
- You must file your petition for judicial review within 30 days from the date the Higher Authority decision is mailed to you or when you have been informed about the decision, whichever comes first.
- File Your Petition:
- You must file your petition for judicial review within 30 days form the date the Higher Authority decision was issued. If you wait longer than 30 days from the date the Higher Authority decision was issued, the decision becomes final, and you may lose your chance to have the judge review the Higher Authority Decision.
- Where to File:
- File your petition for judicial review with the Clerk of Superior Court in the county where you live or where your principal place of business is located.
- If you do not live or have your principal place of business in North Carolina, you can file your petition in the Superior Court of Wake County, North Carolina, or with the Clerk of Superior Court in the county where the issue that led to the final agency decision arose.
Important Information to Remember
- The Higher Authority Decision will include information about judicial review.
- For more details, you can read the Judicial Review in Benefits Matters FAQs, read the Appealing the Higher Authority Decision Brochure or look up the laws in N.C. Gen. Stat. §§ 96-15(h) and (i).