Schermerhorn v. North Carolina State Highway Patrol Even though petitioner served his petition for judicial review on the respondent-agency’s counsel, an assistant attorney general, such service was inadequate to meet G.S. § 150B-46’s requirement that copies of the petition be served “upon all who were parties of record to the administrative proceedings.”
McCoy v. City of Charlotte A superior court judge is not bound by the ruling of another superior court judge on the question of subject matter jurisdiction.
State ex rel. N.C. Department of Environment & Natural Resources v. Pharr The trial court’s findings of fact and conclusions of law make it clear that the Army Corps of Engineers’ issuance of fill permits to the defendant-landowners did not “tip the scale” in favor of the landowners. The trial court gave more weight to the opinions of the landowners’ experts than to the plaintiff-agency’s expert in finding that any occasional flooding of the landowners’ property was due to rain and runoff rather than the tides.
Team Daniel, LLC v. North Carolina Department of Health & Human Services, Division of Medical Assistance 42 C.F.R. § 455.21(a)(1) says Medicaid payments must be suspended during the investigation of a credible allegation of fraud unless good cause is found for not suspending payments or suspending them in part only. The chief of the Division of Medical Assistance Program Integrity Behavioral Health Section testified several times that his section made no effort to consider good cause prior to suspending payments to petitioner, and there is no evidence that anyone else gave any consideration to the regulation’s “good cause” exceptions prior to imposing the suspension.
Morgan v. Sebelius A physician who obtained hydrocodone samples for his personal use by misleading sales representatives into believing the samples were for patients, and who pleaded guilty to knowingly obtaining a controlled substance by fraud, cannot avoid the ban on participating in the Medicare and Medicaid programs by arguing that the statutory ban under 42 U.S.C. § 1320a-7(a)(3) only applies to “financial misconduct”; the 4th Circuit dismisses the physician’s challenge to application of the ban.
WakeMed v. North Carolina Department of Health & Human Services Even though, when it applied for a certificate of need for three operating rooms, Holly Springs Surgery Center’s application failed to include Sections III.3 – III.9, the respondent-agency found the information from the omitted sections in other parts of HSSC’s application.
Westmoreland Coal Co. v. Sharpe The 4th Circuit upholds an administrative decision that rejected petitioner coal company’s effort to retroactively deny a deceased miner’s claim for black lung benefits, thus also denying survivor benefits to his widow, and affirms a decision for the widow.
Barahona v. Holder An El Salvadoran native loses his request for review of the Board of Immigrations Appeals’ final order saying he was ineligible for a “special removal” cancellation of deportation under the Nicaraguan and Central American Relief Act of 1997; the 4th Circuit upholds the agency decision that found petitioner had provided material support to Salvadoran guerillas by allowing them to use the kitchen in his home.
Scott v. North Carolina Department of Crime Control & Public Safety The plain language of the Administrative Procedure Act indicates that the 30-day time limit set out in G.S. § 126-38 only applies to the filing of a contested-case petition and not to the payment of the filing fee. Therefore, the superior court erred when it dismissed this case for lack of subject matter jurisdiction based on plaintiff’s failure to pay the filing fee when he filed his petition.
EEOC v. RandstadThe EEOC can obtain five years’ worth of job assignment records from a temporary staffing agency that allegedly discriminated by refusing to reassign a temporary worker who could not read and write English; the 4th Circuit says the district court should defer to the EEOC’s assessment of relevance.