By Melissa Owens Lassiter My name is Melissa Owens Lassiter, and I am honored to serve as the Chair of our Administrative Law Section for the 2020-2021 year. It is my distinct pleasure to serve alongside Nahale Kalfas as Vice-Chair, Bain Jones as Secretary, and Fred Moreno as Treasurer. The past few months have been […]
According to multiple news reports, on Friday, August 28, 2020, Gov. Cooper filed a complaint in Wake County seeking a declaratory judgment and permanent injunction. Gov. Cooper stated, “G.S. 143B-30.1(a), ‘Rules Review Commission created,’ is unconstitutional and therefore void and of no effect.” The complaint may be viewed here.
By Stephen J. White, Section Pro Bono Chair “The health of a democratic society may be measured by the quality of functions performed by private citizens.” — Alexis de Tocqueville, “Democracy in America” The proper functioning of our nation’s elections — unquestionably vital to our democracy’s health — largely depends on […]
The Fourth Circuit has ruled Charleston, South Carolina’s tour guide licensure program unconstitutional. On June 11, 2020, the Fourth Circuit Court of Appeals issued a published opinion in Billups v. City of Charleston, No. 19-1044, 2020, U.S. App. LEXIS 18398 (4th Cir. June 11, 2020). The plaintiffs challenged a city licensing requirement for tour guides […]
By Brad Williams Dan McLawhorn, senior associate city attorney for the City of Raleigh, is the 2020 recipient of the Administrative Law Award for Excellence, an annual award given by the Administrative Law Section of the North Carolina Bar Association. McLawhorn has been a leading environmental and administrative lawyer for more than four decades. He […]
On May 27, 2020, Julian Mann, Chief Administrative Law Judge of the Office of Administrative Hearings, issued an order regarding the timeliness of contested case petition filings. Read an extract from the order below or read the entire order here. There are other orders related to the COVID-19 emergency on the OAH website here. “On […]
The Supreme Court of North Carolina June 5, 2020, Supreme Court Wetherington v. N.C. Department of Public Safety, N.C. Highway Patrol (135P20). Listed under “other matters,” the Court dissolved the respondent’s previously granted motion for temporary stay and denied both its PDR and motion for writ of supersedeas, as well as an amicus request. You […]
By Stephen J. White Section Pro Bono Chair In normal times, our section dues are carefully budgeted for use throughout the year for substantive reasons related to the work of the Section, communicating that work to you and getting you involved, as well as face-to-face networking and other personal interaction. This spring, most of the […]
On May 8, the Administrative Law Section conducted its first-ever free-for-all and open-to-all-section-members discussion by Zoom conference. We hope you will find the information below informative and that you will join us for our next teleconference. We opened with Section legislative committee co-chair David Ferrell, who provided a brief overview of the action in the […]
On May 8, 2020, Julian Mann, Chief Administrative Law Judge of the Office of Administrative Hearings, issued an order regarding the timeliness of contested case petition filings. Read the order below or here. There are other orders related to the COVID-19 emergency on the OAH website here. State of North Carolina Office of Administrative Hearings […]