Another Extension of OAH Contested Case Petition Filing Time

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 May 13, 2020, by the authority granted to the Chief Administrative Law Judge under Session Law 2020-3, I ordered that the filing of a petition for a contested case, originating in any of North Carolina’s one hundred counties (or as may be otherwise authorized by law), shall be deemed to be timely filed if the petition is filed in the Office of Administrative Hearings between the effective date of my order as Chief Administrative Law Judge and the close of business on June 1, 2020, notwithstanding the expiration of the time limit for filing of a petition in a contested case as established by or referenced in N.C.G.S. § 150B-23(f).

In light of the May 21, 2020 order issued by the Chief Justice of the North Carolina Supreme Court and by the authority granted to the Chief Administrative Law Judge under Session Law 2020-3, I now order that all petitions for a contested case, originating in any of North Carolina’s 100 counties (or as may be otherwise authorized by law), that were or are due to be filed on or after March 19, 2020, and before the close of business on July 31, 2020, shall be deemed to be timely filed if they are filed in the Office of Administrative Hearings before the close of business on July 31, 2020, notwithstanding the time or period of limitation established by N.C.G.S. § 150B-23(f) or by any other statute. My Order as the Chief Administrative Law Judge is effective March 19, 2020, the date of the Chief Justice’s March 19, 2020, order, and shall expire at such time the Chief Justice’s order of May 21, 2020, shall expire.”