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Home / Opinion Digests / Administrative / Administrative – Civil Practice – Subject Matter Jurisdiction – Contested Case – Filing Fee (access required)

Administrative – Civil Practice – Subject Matter Jurisdiction – Contested Case – Filing Fee (access required)

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.

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