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Labor & Employment – Public Employees – Administrative Remedies – Failure to Exhaust – Civil Practice – Subject Matter Jurisdiction

Nichols v. University of North Carolina at Chapel Hill (Lawyers Weekly No. 012-133-17, 8 pp.) (Chris Dillon, J.) Appealed from the Office of Administrative Hearings (Fred Morrison Jr., ALJ) N.C. App. Unpub.

Holding: Contrary to petitioner’s argument, respondent was not required to issue a final agency decision within 90 days of the filing of her grievance; instead, respondent had 90 days to complete its informal inquiry and another 90 days to complete its formal inquiry. Since petitioner filed this contested case action before respondent’s formal inquiry was complete (68 days into the formal grievance process), she failed to exhaust her administrative remedies.

We affirm the Administrative Law Judge’s dismissal of petitioner’s petition for lack of subject matter jurisdiction.

 


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