Entries by Administrative

Fourth Circuit Rules On Occupational Licensing Issue

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 […]

Recent Administrative Law Cases of Significance

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 […]

Your Dues Do Good Work

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 […]

What You Missed at the May 8 Administrative Law Discussion on COVID-19 Developments

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 […]

Contested Case Petition Filing Time

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 […]

Administrative Law – Third-Party Articles of Possible Interest

Feedback Requested: E-Court Filings Requiring Notarization From the NCBA International Law Section, April 15, 2020. Criminal law reforms remain priority for some legislators amid COVID-19 pandemic Carolina Journal, Kari Travis,  April 16, 2020. Regulation rollbacks under COVID-19 could set new path for North Carolina Carolina Journal, Julie Havlak, April 10, 2020. After-Acquired Evidence Could Limit […]