At a time when our state and nation face a pandemic the scale of which has not been encountered in roughly a century, administrative law continues to be a prevalent and pronounced part of our modern world. While it has been said in the past that “the action of administrative agencies so pervasively impinges on the daily lives of citizens and has become so thoroughly accepted as a mode of carrying out government business that the phenomenon often goes largely unnoticed,” administrative law is hardly unnoticed at this time when such drastic changes are occurring. Charles E. Daye, North Carolina’s New Administrative Procedure Act: An Interpretive Analysis, 53 N.C. L. Rev. 833, 836 (1975).
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.pngAdministrative2020-05-05 12:15:152020-05-06 10:59:20Like the song in "Carousel," Administrative Law is "Bustin' Out All Over"
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.pngAdministrative2020-04-17 19:16:122020-04-20 16:45:05Administrative Law – Third-Party Articles of Possible Interest
Today’s NC Supreme Court opinions included several that may have a direct effect on the direction, interpretation and implementation of administrative law in NC.
The Communications Committee asks for your help in this regard. We are looking for authors for blog posts that highlight the impacts of the three cases listed below, each of which includes a dissent. If you are willing to write such an article (pros-cons articles are also welcome), please contact one of the members of the committee: Ann Wall, Chair, Nick Dowgul, Michael Byrne.
Cabarrus Cty. Bd. of Educ. v. Dep’t of State Treasurer, (369PA18 – Published) Author: Justice Sam Ervin IV. Whether the General Assembly intended to exempt by implication the Teachers’ and State Employees’ Retirement System’s Board of Trustees from rulemaking requirements pursuant to the Administrative Procedure Act, N.C.G.S. 150B, in adopting a Contribution-Based Benefit Cap pursuant to N.C.G.S. 135-5(a3).
Whether payments made pursuant to an agreement between the Attorney General’s Office and major hog producers constitute ‘penalties’ subject to article IX, section 7 of the North Carolina Constitution.
Members of the Administrative Law Section found the following recent third party articles to be interesting. Remember—if it says subscription required, your legal research provider may provide access.
Helpful School of Government Blog COVID-19 Related Posts if you represent governments or their employees
The posts listed below may be useful if you represent government agencies, boards and commissions or their employees or if you want to be able to answer questions people raise:
This blog post expands on an earlier post by Frayd Bluestein regarding meetings and public hearings during the COVID-19 crisis. It specifically address the lawfulness of local government prohibitions on public in-person attendance at public meetings. The article’s preface says that the author aims “to supplement her comments on in-person attendance bans by looking at the relevant case law in light of events of the past few days.”
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.pngAdministrative2020-04-02 18:17:252020-04-03 11:10:37COVID-19 and Administrative Law – Articles of Interest
Due to the state of emergency that has been declared by North Carolina’s Governor in response to the COVID-19 crisis, the Director of the Office of Administrative Hearings (OAH) has invoked the emergency waiver found in 26 NCAC 01 .0105 for the purpose of waiving all time limitations contained in all Sections of 26 NCAC Chapter 03 – Hearings Division, except 26 NCAC 03 .0127. (The time limitation in 26 NCAC 03 .0127 applies only to administrative law judges).
This waiver applies to all contested cases now pending and hereafter filed at OAH until this waiver is revoked.
Please direct any questions regarding the notice to:
Any administrative lawyer who represents a governmental entity of any size or who represents employees of governments will want to read this:
The new U.S. Families First Coronavirus Response Act affects all types of government employers, of all sizes. This blog postby the School of Government’s Diane Juffras indicates that the Act kicks in more or less immediately. The blog post is longer than usual because it offers examples of how the different new provisions of the complex new law interact with existing laws.
We are in unprecedented times with COVID-19 (Coronavirus). It is now more important than ever that we help our neighbors and those who are not as fortunate. I am confident that each of you is doing your part.
Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those, nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods, and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.
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.pngAdministrative2020-03-19 11:54:072020-03-19 13:40:40Fight Hunger, Help Others in the COVID-19 Pandemic - Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!
Julian Mann, III, Director and Chief Administrative Law Judge of the NC Office of Administrative Hearings (OAH), has issued a response to the COVID-19 emergency. The responses addresses how OAH and all its constituent parts are responding to the COVID-19 emergency, as well as information for attorneys, litigants, agencies, boards and commissions. The response includes: general information, the Hearings Division, the Rules Division, the Civil Rights Division, the Rules Review Commission, and the Human Relations Commission.
The North Carolina Bar Association Administrative Law Division is proud to have had Judge Fred G. Morrison, Jr. as a member since 1966. Judge Morrison has been a stalwart of service to the state of North Carolina for fifty years. He has been recognized by Governor Roy Cooper and, most recently by Chief Justice Cheri Beasley for his five decades of civil service to our state. During that time, Judge Morrison has served our state as a board attorney with the City of Thomasville, legal counsel to the governor of North Carolina, and as an Administrative Law Judge, to name a few positions. He has been instrumental in not only helping to bring about positive change to prisons in North Carolina but also through his work with the Jaycees. Judge Morrison has had exceptional personal support from his wife, Carolyn, and is a proud Wake Forest School of Law Alumnus.
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.pngAdministrative2020-03-16 11:25:282020-03-16 16:09:35Recognition of Judge Fred Morrison’s Fifty Years of Service to North Carolina
Members of the Administrative Law section found the following recent third party articles to be of potential interest to the section. Feel free to reach out to the section communications committee if you would like to submit either personally written pieces or other third party articles that would be of interest to the section’s members.
This NC Appellate Practice blog article includes discussion of the societal ethical issues underlying the facts in the recent Court of Appeals decision in the Wetherington case.
This Carolina Public Press article reports on the first meeting of a new House Select Committee on Residential Planning and Permitting that is looking at further reduction in local governments’ authority.
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.pngAdministrative2020-03-05 19:05:262020-03-09 10:22:09Administrative Law Related Articles of Interest
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