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Administrative

Administrative Hearings (188326) (access required)

Recommended Decision: Where (1) the county inspected the petitioner’s store and told him he was complying with WIC regulations, (2) the county nevertheless referred the petitioner’s store to the respondent for undercover investigation, (3) the undercover visit revealed a WIC ...

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Administrative Hearings (188515) (access required)

Proposal for Decision: Even though the respondent presented a prima facie case of a lack of good moral character by showing that the petitioner was convicted on June 5, 1995 of simple assault, since the petitioner showed that (1) he ...

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Administrative Hearings (188660) (access required)

Proposal for Decision: Where the petitioner-sheriff failed to report a previous positive drug screen obtained from an applicant for the position of deputy sheriff, the respondent may revoke the petitioner’s certification as a deputy sheriff. However, where the sheriff took ...

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Administrative Hearings (188773) (access required)

Proposal for Decision: Where, on his disorderly conduct charge in Fort Lauderdale, the petitioner received a disposition of “adjudication withheld,” and where his attorney told him to forget the matter, that it would be as if it had never happened, ...

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Administrative Hearings (188991) (access required)

Recommended Decision: Even though the petitioner had angered several people with his outspokenness, the respondent was not entitled to use a reduction in force to accomplish a disciplinary dismissal. Where the petitioner had more years of service than Ms. Rochester, ...

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Administrative Hearings (189007) (access required)

Recommended Decision: Where (1) the respondent holds only off-premises permits, (2) he had been notified about patrons drinking alcoholic beverages outside his store, and (3) a police officer saw another patron drinking an alcoholic beverage while leaning against the outer ...

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Administrative Hearings (187255) (access required)

Proposal for Decision: Where the petitioner did not graduate from an approved school, did not practice electrolysis in another state, and did not apply for a license in time to be “grandfathered,” she was not entitled to a license. It ...

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Administrative Hearings (187288) (access required)

Recommended Decision: Where the respondent violated ABC Commission Rule 4 NCAC 2S .0212(a) and Rule 4 NCAC 2S .0107(a), it is recommended that the respondent be fined $500 and that its permits be suspended for five days. N.C. Alcoholic Beverage ...

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Administrative Hearings (187425) (access required)

Recommended Decision: Where the victim’s medical expenses were paid by Medicaid, and where Medicaid would have paid nursing home expenses had the petitioner not elected to care for the victim at home, there was available to the petitioner a collateral ...

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Administrative Hearings (187725) (access required)

Recommended Decision: Even though the respondent’s bartender sold a mixed beverage to a customer younger than 21 years of age, since (1) it was the respondent’s regular business practice to allow only those over 21 to enter the premises, (2) ...

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