North Carolina Lawyers Weekly

The pro se petitioner gave respondent neither notice nor copies of petitioner’s documents prior to a hearing before an administrative law judge. The ALJ was patient, even going so far as to walk petitioner through building a foundation for a ...

Tagged with: Administrative

A respondent subject to involuntary mental health commitment does not have their due process rights to an impartial tribunal violated where the trial court, in the absence of counsel for the state, calls a state witness and asks open-ended questions. ...

The deadline for filing the appellant-taxpayers’ appeals of their property valuations was April 1, 2020. Although it appears the taxpayers mailed their notices of appeal on March 30, 2020, since their notices were not postmarked, and since the Property Tax ...

Pursuant to G.S. § 150B-23(a) and our caselaw, as part of the merits of its contested case, a petitioner must show that the respondent-agency substantially prejudiced the petitioner’s rights. Although petitioner argues that it was substantially prejudiced by respondent’s partial ...

At the hearing held to decide whether petitioner’s driver’s license would be revoked, there was no attorney putting on the Division of Motor Vehicles’ case; in such cases, the hearing officer considers the evidence in the DMV file, issues subpoenas ...

In its gatekeeping function, the respondent-commission determined that petitioners’ challenge to a bridge project was frivolous. This was a final agency decision, so when petitioners successfully challenged the decision in superior court, petitioners were prevailing parties who could seek attorneys’ ...

Where a federal contractor sought clarification on whether the nature of its Navy service contract made it subject to California’s labor laws, the suit was dismissed because the contractor failed to satisfy the exhaustion requirements of the Contract Disputes Act ...

Where the Occupational Safety and Health Administration, or OSHA, did not argue that a company’s safety program was inadequate to prove constructive knowledge during the trial or in its post-trial brief, the administrative law judge, or ALJ, erred by relying ...

Where the Fish and Wildlife Service failed to adequately evaluate the “environmental baseline” and “cumulative effects” for the Roanoke logperch and the candy darter within the right of way of a proposed pipeline, its biological opinion and incidental take statement ...

Where a statute allows a taxpayer to appeal an adverse administrative ruling of the Internal Revenue Service, or IRS, to the tax court, but here the IRS then determined that the taxpayer owed no money, the tax court lacked jurisdiction ...