This year the Supreme Court of North Carolina has released opinions addressing how courts in North Carolina treat administrative‐agency interpretations of statutes and regulations. The two cases are Savage v. N.C. Department of Transportation and Mitchell v. University of N.C. Board of Governors.
Prior to the Supreme Court pronouncements this year, judicial review of administrative decisions and interpretations of statutes and regulations had been performed de novo, as required by the North Carolina Administrative Procedure Act. Spoiler alert: it still is.
In June, I was fortunate to attend the Disaster Legal Services Workshop, where lawyers volunteered their services to help victims of Hurricane Helene in Western North Carolina. This workshop was conducted in Asheville and was one of ten seminars held across Western North Carolina to assist individuals dealing with landlord/tenant, insurance, FEMA, health claims, and other issues arising from the devastation of the hurricane. Several hundred people came for help and were assisted by talented lawyers, including the Secretary of State, Elaine Marshall. These lawyers are coordinated by Pisgah Legal Services and voluntarily represent or refer to lawyers who represent the individuals in these matters. The sense of relief and joy that was everywhere at the workshop was invigorating. These North Carolinians knew lawyers cared and that they were not alone in their time of incredible need.
This program is funded by the North Carolina Bar Foundation. The Foundation is the funding body for Association civic education and pro bono programs. Like many other nonprofit foundations, the Bar Foundation receives a small percentage of the interest on the principal of the Endowment. 4ALL–Lawyers on Call, Career Fairs, Entrepreneurs Assistance Program, and the Judicial Learning Center are just a few other programs funded by the Foundation.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2025-10-23 10:33:402025-10-23 16:12:14Providing the Resources for Today and Tomorrow – NCBF Annual Fund and Endowment Fund
We are pleased to welcome McKensie G. Skeens, newly appointed Administrative Law Judge, to the bench. Judge Skeens is an accomplished attorney whose career has been defined by public service and education.
Originally from Abingdon, Virginia, Judge Skeens brings with her the values of service and community that shaped her early life. She earned her B.A., with honors, from the University of Georgia and went on to receive a J.D. from Campbell Law School.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2025-10-17 14:51:012025-10-17 14:51:01Meet New Administrative Law Judge: McKensie G. Skeens
On August 22, 2025, the North Carolina Supreme Court filed an opinion in Devalle v. N.C. Sheriffs’ Educ. & Training Standards Comm’n. The Court’s opinion provides regulatory agencies and occupational licensing boards guidance in determining an applicant’s “good moral character” as required by statute.
The Court first recognized the requirements of “good moral character” are broad and difficult to define, but are not unconstitutionally vague and have “well-defined contours” determined by precedent. As pertaining to the matter before the Court, “[g]ood moral character has many attributes . . . none are more important than honesty and candor.” In re Legg, 325 N.C. 658, 672, 386 S.E.2d 174, 182 (1989) (citation omitted).
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2025-09-03 16:27:312025-09-03 16:39:39NC Supreme Court Provides Guidance on the Good Moral Character Requirement
I am honored and excited to serve as Chair of the Administrative Law Council for the 2025-2026 year. I am Frank Trainor, and I have been an administrative lawyer in the Raleigh area for 25 years. I am (almost) a lifelong North Carolina resident, having attended Hayesville High School and the University of North Carolina at Chapel Hill. I currently work for the NC State Board of CPA Examiners.
Our officers this year are Vice Chair Charla Burrill, Treasurer Wes Tripp, and Secretary Catherine Lee. We are looking forward to serving the needs of our section, its members and the public.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2025-08-19 15:13:582025-08-19 15:21:11A Welcome Message From the Chair
The House Regulatory Reform Committee met on Tuesday, March 11, this time with a specific topic on the agenda: occupational and professional licensing. Two outside speakers, both with similar perspectives, made presentations.
Jon Sanders, Director of the Center for Food, Power and Life, a research arm of the John Locke Foundation, provided statistics on the number of occupations requiring licensure in North Carolina (19%) and North Carolina’s ranking among all the states as to the number of occupations requiring some type of license, registration, or certifications to engage in a particular occupation (11th). Based on the Center’s many years of study, and the 2022 study by the General Assembly’s then Program Evaluation Division, Mr. Sanders suggested a layered policy of alternatives for licensure:
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2025-03-14 12:43:182025-03-14 15:30:43Latest Meeting of the House Regulatory Reform Committee
On Tuesday, February 25, 2025, the Regulatory Reform Committee met. Andy Ellen, General Counsel of the Retail Merchants Association, was the first presenter. He characterized the environment as dire and needing for certainty and consistency in statutes addressing small businesses. He and Representative Hager supported voluntary environmental regulation concerning plastic disposal. One of his slides includes “what [they] are hearing from their members” regarding rules, rulemaking, and agencies.
Chris Millis, Former Chair of this committee and now lobbyist for the North Carolina Home Builders Association, was the next presenter. His presentation included the following: there has been an average increase in the cost of housing of $160,000. The average mortgage is $420,000, requiring an income of $130,000. This amount is well above the average household income in North Carolina and has a devastating effect upon most individuals being able to qualify for a mortgage. Other issues which also have a devastating effect upon housing development are zoning and permits. In most municipalities, developers are required to enter into negotiations to obtain voluntary consent from the municipal and county governments relating to appearance controls, traffic controls, park support and other unrelated concerns to obtain the voluntary consent. On average, it takes 18 months to deal with these concerns. On average, it takes between three to four years to move from the purchase of property to develop and the time that the homes are occupied. Efficiency in the permitting process is absolutely necessary for reducing the time for permitting. Adequate staffing in permitting departments is key to accomplishing timely permitting. Reform concerning high-density municipal development is extremely needed.
EVN expired on June 30, 2024, at 12:01 a.m. House Bill 556, which would have extended EVN until July 1, 2025, has been vetoed over a matter unrelated to notarization. Unless the General Assembly should override the veto or another legislative action is taken to extend EVN, it is not law. Do not perform or request an EVN by a North Carolina notary public until this changes. Current law requires both traditional and electronic notarization to be done in person.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2024-07-09 14:56:502024-07-09 14:56:50Changes to Notary Act and Rules That Affect Attorneys Now
The APO Committee is chaired by Rep. Sarah Stevens. Sen. Galey is Co-Chair and was present along with Committee Members Sen. Mayfield, Sen. Moffit, Sen, Sanderson, Rep. Longest and Rep. Dahle.
A report on the Periodic Review of Existing Rules (Existing Rules Review or ERR) was presented by Codifier of Rules Ashley Berger Synder and RRC Chair Jeanette Doran. The first step of the review, which will be completed in three years, is the classification of rules. Sen. Mayfield inquired if the RRC could intervene if the agencies classified rules in the middle bucket which was necessary without a substantive public interest. Synder responded with a review of the three buckets for classification in the first round of ERR, how each bucket was handled, and noted that the General Assembly amended the process to delete the middle bucket. Rep. Longest asked how many rules were classified in the middle bucket. Doran responded they did not have numbers for this question but could get them. Doran went on to state that the APA defines public comment in a much narrower fashion than might be expected and that only comments on a rule could be calculated. Rep. Stevens asked what groups are exempt from the review. Sen Mayfield asked about the process of rule making for the exempt groups. Synder responded with examples of exempt groups: the State Bar, the Utilities Commission, and the Lottery Commission. The exemption is defined by statute, and each of the exempt groups have processes for review of rules. Rep. Stevens mentioned problems with HHS and DPI having not complied with the rules review process. Doran indicated they did not know the number of rules issues, and the two agencies had too many subdivisions to determine a number. Rep. Stevens asked for an explanation of the difference between rules and policy.
The Administrative Law Section established the Award for Excellence to recognize members of the section who have made significant and lasting contributions to the practice of administrative law. These individuals are experienced members of the profession and are in good standing concerning their practice. The recipient must have practiced administrative law for five years. The nomination letter should indicate the above criteria and specific examples of how the nominee has made significant, lasting contributions.
Some of the prior recipients of the award are Julian Mann, Fred Morrison, Nick Fountain, Jack Nichols, Dan McLawhorn, Molly Masich, Ann Wall and Jeff Grey.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2024-02-07 11:15:362024-02-07 11:15:36Nominations for Administrative Law Award for Excellence
By 
By 
By 
By 
By