A surprise inspection of plaintiff’s daycare resulted in the reporting of a violation: an air freshener product was not safely stored away from children. Plaintiff first challenged the agency action in the Office of Administrative Hearings, but she did not ...

Tagged with: Administrative

When the parties asked the administrative law judge to enter a consent order settling their dispute, the ALJ instead lifted a partial sentence from the proposed order and – without hearing argument on the parties’ cross-motions for summary judgment – ...

Tagged with: Administrative

The pro se petitioner gave respondent neither notice nor copies of petitioner’s documents prior to a hearing before an administrative law judge. The ALJ was patient, even going so far as to walk petitioner through building a foundation for a ...

Tagged with: Administrative

Baker v. North Carolina Psychology Board (Lawyers Weekly No. 012-111-17, 13 pp.) (Richard Dietz, J.) Appealed from Durham County Superior Court (Orlando Hudson Jr., J.) N.C. App. Unpub. Holding: Where the petitioner-psychologist’s failure to communicate with another professional – an ...

Tagged with: Administrative

Owle v. Solomon (Lawyers Weekly No. 004-010-17, 23 pp.) (Richard Voorhees, J.) 5:16-cv-00025; W.D.N.C. Holding: After defendants moved the plaintiff-prisoner into a cell that lacked an electrical outlet for plugging in his CPAP machine, plaintiff submitted a letter that would ...

Tagged with: Administrative

In re Johnson (Lawyers Weekly No. 020-046-17, 19 pp.) (Gregory McGuire, J.) 2017 NCBC 39 Holding: Even though there are active CPAs on the North Carolina Board of Certified Public Accountant Examiners (the Board), (1) petitioners have not raised federal ...

Tagged with: Administrative

Willie R. Etheridge Seafood Co. v. Pritzker (Lawyers Weekly No. 002-015-16, 20 pp.) (Terrence Boyle, J.) 2:14-cv-00073; E.D.N.C. Holding: The National Marine Fisheries Service’s Amendment 7 to the 2006 Consolidated Highly Migratory Species Fishery Management Plan was designed to protect ...

Tagged with: Administrative

State ex rel. McCrory v. Berger (Lawyers Weekly No. 010-006-16, 50 pp.) (Mark Martin, C.J.) (Paul Newby, J., concurring in part & dissenting in part) Appealed from Wake County Superior Court) N.C. S. Ct. Holding: The separation of powers clause ...

Tagged with: Administrative

Schermerhorn v. North Carolina State Highway Patrol Even though petitioner served his petition for judicial review on the respondent-agency’s counsel, an assistant attorney general, such service was inadequate to meet G.S. § 150B-46’s requirement that copies of the petition be served “upon all who were parties of record to the administrative proceedings.”

Tagged with: Administrative Civil Practice Service of Process

McCoy v. City of Charlotte A superior court judge is not bound by the ruling of another superior court judge on the question of subject matter jurisdiction.

Tagged with: Administrative appeals Civil Practice Municipal subject-matter jurisdiction