Even though petitioner’s neighbors did not give him direct notice of their application to build a single-family home, the neighbors posted a placard on the project site, and the Coastal Area Management Act Local Permit Official (LPO) was satisfied that ...

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As relevant to this case, the Federal Vacancies Reform Act (FVRA) allows an acting Social Security commissioner to serve (1) for a period of days or (2) while a nomination of a commissioner is pending in the Senate. The wording ...

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In denying disability benefits to plaintiff, who has suffered from and been treated for chronic depression for many years, the administrative law judge erred in according little weight to the opinion of plaintiff’s treating psychiatrist and in cherry-picking the few ...

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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 ...

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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 – ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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