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Administrative

Administrative Hearings (176501) (access required)

Recommended Decision: That summary judgment be entered for the respondent because there is no genuine issue of material fact, and, as a matter of law, the respondent is entitled to intercept and offset the petitioner’s income tax refund in the ...

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Administrative Hearings (176546) (access required)

Proposal for Decision: 1. That the application for certification as a radar operator by the petitioner be deferred until such time as the petitioner has, subsequent to this date, successfully completed radar operator training within the meaning of 12 NCAC ...

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Administrative Hearings (176652) (access required)

Recommended Decision: Where (1) the petitioner failed to present a prima facie case of race discrimination; (2) the respondent met its burden of presenting sufficient evidence to establish that the petitioner was issued warnings and ultimately dismissed for legitimate, non-retaliatory ...

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Administrative Hearings (176710) (access required)

Recommended Decision: That this case be dismissed with prejudice for failure to prosecute. Phillips v. N.C. Department of Human Resources, Division of Social Services, Child Support Enforcement Section. (Lawyers Weekly No. AH1373- 3 pp.) (Morgan, ALJ) 9/6/91

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Administrative Hearings (176766) (access required)

Recommended Decision: Where the position was awarded to a female employee who was qualified for it, it is recommended that the petitioner’s contested case appeal be dismissed on the grounds that the petitioner has failed to carry the burden of ...

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Administrative Hearings (176896) (access required)

Recommended Decision: Even though the petitioner’s combined retirement and social security benefits are $27.84 less per month than he was receiving before turning 62, since the respondent is paying benefits in accordance with the statutory option chosen by the petitioner ...

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Administrative Hearings (176933) (access required)

Recommended Decision: Where the respondent placed the petitioner on involuntary leave without pay, this was equivalent to being discharged, suspended and involuntarily separated for disciplinary reasons; hence, the petitioner was entitled to the progressive warnings required by G.S. § 126-35, ...

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Administrative Hearings (177001) (access required)

Recommended Decision: Where the disciplinary letter issued to the petitioner contains inaccuracies exaggerating his involvement in the use-of-force incident, it is recommended that the letter be amended to reflect the petitioner’s true, lesser involvement. West v. North Carolina Department of ...

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Administrative Hearings (177072) (access required)

Recommended Decision: Even though the petitioner’s lot has a massive clay subsoil and seasonal saturation within 12 inches of the surface, since the lot’s previous septic system was totally destroyed, the respondent’s rules require its repair. Therefore, it is recommended ...

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Administrative Hearings (access required)

Recommended Decision: That no finding of racial discrimination or wrongful failure to accord veteran’s preference be made in the respondent’s decision to grant a job promotion to the position of Office Manager II to a job applicant other than the ...

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