Administrative – Dry Needling – Physical Therapy & Acupuncture Boards – Declaratory Ruling Where the North Carolina Board of Physical Therapy Examiners applied its experience and expertise in construing its enabling statute and rules adopted by the board to determine ...Read More »
The Army Corps of Engineers lacked the authority to alter a special condition imposed by West Virginia regarding the construction and operation of a natural gas pipeline. And because West Virginia did not follow the mandated notice-and-comment procedures in waiving ...Read More »
The Court of Federal Claims, and not federal district court, has jurisdiction over an employee health plan’s suit seeking a refund under the Affordable Care Act. Background The Electrical Welfare Trust Fund is a self-administered, self-insured employee health and welfare ...Read More »
Administrative – Professional License – Disciplinary Sanctions – Censure – Psychologist – Custody Matter
Although the plaintiff-psychologist told a father that it would take her four to six months to complete a custody evaluation, it took her two years to produce the report. After considering testimony about father’s attorney’s inability to contact plaintiff for ...Read More »
In 2015, petitioner, a Vermont funeral director, was denied a reciprocal license here in North Carolina because Vermont’s licensing requirements were not substantially similar to North Carolina’s. Since petitioner did not appeal the 2015 ruling, he may not collaterally attack ...
Tagged with: Prior RulingRead More »
Even though the respondent-board lacked the authority to discipline petitioner for his inspection of a swimming pool heater, G.S. § 6-19.1 does not authorize an award of attorney’s fees resulting from a disciplinary action by a licensing board. We reverse ...
Tagged with: attorney's feesRead More »
The first time petitioner sought a contested case hearing, the Office of Administrative Hearings incorrectly ruled that he was not entitled to a hearing after the governor designated his position as exempt from the Human Resources Act. Nevertheless, since plaintiff ...
Tagged with: Civil PracticeRead More »