Entries by Administrative

A Plethora of Pandemic Predicaments, a CLE for Posterity

Paraphrasing Shakespeare, when it comes to COVID-19, there are more things in heaven and earth than any one attorney has considered. Puzzle out some pressing pandemic issues by participating in the upcoming CLE, Law in the Time of Corona: People, Places, Protests and Police. Profit from the pundits and their manuscripts as they provide practice […]

This Week’s Court of Appeals Opinions

Krishnan v. NC Dep’t of Health & Hum. Servs (20-107 – Published) Author: Judge Richard Dietz State employee grievance; administrative law; time period to petition for contested case. ALJ, on own initiative, dismissed petition for contested case hearing as untimely per GS 150B-23(f). Parties appealed, saying St. Human Resources Act, GS 126-34.02 applied; therefore, statute of […]

Judicial Review: A History of the Venue Requirement and a Statistical Analysis of Petitions for Judicial Review and Where They Are Filed

By Jack Nichols History of the Venue Provision in the APA In American law, North Carolina is the birthplace of judicial review. In 1787, eighteen years before Marbury v. Madison,[1] the Supreme Court of North Carolina not only issued the first reported decision, but also issued the first reported decision involving the principle of judicial […]

Hey, Did You Read This? Administrative Law Related Articles of Interest

Business Court Narrows How Public Records Act Applies to Entities with Government Ties It Can Be Difficult to Revoke a Police Officer’s License. Some States Are Trying to Make it Easier. New telling of Perry Mason’s tale makes case against licensing burdens “On Neglecting Regulatory Benefits,” Administrative Law Review, Summer 2020, ABA Administrative Law & […]

OAH Updates: Response to COVID-19

In mid-September, Chief Administrative Law Judge Julian Mann issued updates regarding OAH’s response to COVID-19. The guidance provides background and updates regarding interactions with OAH staff with regard to hearings, rules, the Rules Review Commission, the Civil Rights Division, and the Human Relations Commissions. The updates may be viewed on the OAH website.