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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 […]
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. […]
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 […]
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 […]
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 […]
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), […]
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 […]
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 […]
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[...]
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 […]
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. […]
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 […]
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Commentary
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