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Tag Archives: Administrative

Administrative – CON – Completed Application – Operating Rooms – Shared vs. Ambulatory (access required)

WakeMed v. North Carolina Department of Health & Human Services Even though, when it applied for a certificate of need for three operating rooms, Holly Springs Surgery Center’s application failed to include Sections III.3 – III.9, the respondent-agency found the information from the omitted sections in other parts of HSSC’s application.

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Administrative – Immigration – Deportation – ‘Material Support’ for Guerrillas (access required)

Barahona v. Holder An El Salvadoran native loses his request for review of the Board of Immigrations Appeals’ final order saying he was ineligible for a “special removal” cancellation of deportation under the Nicaraguan and Central American Relief Act of 1997; the 4th Circuit upholds the agency decision that found petitioner had provided material support to Salvadoran guerillas by allowing them to use the kitchen in his home.

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Administrative – Civil Practice – Subject Matter Jurisdiction – Contested Case – Filing Fee (access required)

Scott v. North Carolina Department of Crime Control & Public Safety The plain language of the Administrative Procedure Act indicates that the 30-day time limit set out in G.S. § 126-38 only applies to the filing of a contested-case petition and not to the payment of the filing fee. Therefore, the superior court erred when it dismissed this case for lack of subject matter jurisdiction based on plaintiff’s failure to pay the filing fee when he filed his petition.

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Labor & Employment – National Origin & Disability Discrimination – Inability to Read & Write English – Administrative – Subpoenas — Job Records (access required)

EEOC v. RandstadThe EEOC can obtain five years’ worth of job assignment records from a temporary staffing agency that allegedly discriminated by refusing to reassign a temporary worker who could not read and write English; the 4th Circuit says the district court should defer to the EEOC’s assessment of relevance.

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Labor & Employment – Public Employees – Termination — Administrative – Exhaustion of Remedies (access required)

James v. Charlotte-Mecklenburg County Board of Education Even though petitioner basically skipped the hearing before the defendant-Board of Education (his counsel stayed only long enough to protest the timing of the hearing), petitioner nevertheless exhausted his administrative remedies by requesting the hearing and appealing the board’s subsequent decision to the superior court in accordance with G.S. § 115C-325(n).

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Environmental – Administrative – Licenses & Permits — Wildlife Refuge – Clean Water Act (access required)

Friends of Back Bay v. U.S. Army Corps of Engineers The “Friends of Back Bay” win their challenge to a Clean Water permit issued by the Army Corps of Engineers to a developer who wants to build a mooring facility and concrete boat ramp about 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach; the 4th Circuit vacates a decision upholding the permit, as the Corps relied on voluntary compliance with a “secret” no-wake zone to protect the Refuge from the negative effect of adding 64 boat slips to the existing 12 in the area.

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Administrative – Medicare – Reimbursement – 1995 & 1997 Guidelines – Estoppel – Dated Record – Medical Complexity (access required)

Ojebuoboh v. Sebelius The plaintiff-doctor did not raise the issue of which set of Medicare Guidelines (the 1995 version or the 1997 version) applied until his motion for reconsideration before the Medicare Appeals Council (MAC). Accordingly, the MAC’s adoption of the independent reviewer’s decision to use the 1997 guidelines was not arbitrary, capricious, or an abuse of discretion.

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