North Carolina Lawyers Weekly

Apr 6, 2026

Administrative – North Carolina’s Public Records Act – N.C. Gen. Stat. §116-43.17

North Carolina’s Public Records Act exempts research information “of a proprietary nature” under section 116-43.17, interpreting the phrase to modify only “information” and to include any research information in which […]

Feb 24, 2026

Administrative – General Permits for Animal Waste Management Systems – Rulemaking Requirements of the Administrative Procedure Act

The three general permit conditions challenged by Defendant Farm Bureau Federation Inc. are “rules” within the meaning of the Administrative Procedure Act (APA) and subject to the APA’s rulemaking requirements. […]

Feb 20, 2026

Administrative – Improper Notice of Right to Appeal Disciplinary Action – Dismissal Letter

The ALJ did not err by dismissing Petitioner’s petition without prejudice. We affirmed the final decision. Respondent Hyde County Health Department Luana Gibbs appealed from a final decision of the […]

Feb 3, 2026

Administrative – Administrative Law Judge’s Determination – Certificate of Need Award

An ALJ’s decision is final and binding on parties absent reversal or modification through judicial review. We affirmed the Court of Appeals’ judgment in part and reversed in part. In […]

Feb 3, 2026

Administrative – Interpretation of State Rules and Regulations – Deference to Legal Interpretation of State Agency

Courts interpreting state administrative regulations must freely substitute their judgment for that of the agency and employ de novo review. We modified and affirmed the judgment of the Court of […]

Jan 27, 2026

Administrative – University Tenure Process – Intentional Race Discrimination

Denial of a professor’s tenure was not an act of discrimination or retaliation. We affirmed. The first time Appellant, an Indian man, sought tenure at North Carolina State University (NCSU), […]

Dec 4, 2025

Administrative – Final Agency Decision – Proportional Punishment

Petitioners failed to show Respondent North Carolina Licensing Board for General Contractors’ final decision was arbitrary or capricious or affected by errors of law. We affirmed the order of the […]

Sep 30, 2025

Administrative – As-Applied Constitutional Challenges to Tax Statutes – Subject Matter Jurisdiction

Section 105-241.17 does not grant the Office of Administrative Hearings (OAH) subject matter jurisdiction over as-applied constitutional challenges to tax statutes. We affirmed the Business Court’s order reversing the OAH’s […]

Sep 17, 2025

Administrative – Jurisdiction – Adjustment of Status Applications

8 U.S.C. § 1252(a)(2)(B)(ii) deprives federal courts of jurisdiction over challenges to the United States Citizenship & Immigration Services’ (USCIS) adjudication hold policy regarding final action date retrogression for adjustment [&helli[...]

Aug 5, 2025

Administrative – Certificate of Need – Substantial Prejudice

Petitioner failed to demonstrate that the ALJ’s decision is affected by error or how it was substantially prejudiced. The ALJ’s final decision to affirm DHHS’ decision to award the certificate […]

Jul 30, 2025

Administrative – Intervention of Rights – Permissive Intervention

Appellants Randal and Tamara Dunn were not entitled to permissive intervention because there was no common question of law or fact between the contested case and the Dunns’ asserted interest. […]

Jul 30, 2025

Administrative – State Medical Facilities Plan – Qualified Applicant

The ALJ did not err in finding the healthcare Respondent to be a “qualified applicant for a certificate of need for a new hospital. We affirmed the ALJ’s finding. Petitioner […]