Like the song in “Carousel,” Administrative Law is “Bustin’ Out All Over”
By Section Chair
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).
People and organizations continue to live under and with regulatory requirements, and the regulatory agencies, boards, and commissions continue to regulate while encountering unprecedented changes. While there are many “essential businesses” and government bodies doing what they can to continue to operate while taking appropriate precautions, we as administrative lawyers are tasked with the responsibility of helping regulatory bodies or those individuals or organizations regulated by such entities to continue to operate. The past several weeks have brought uncertainty and required everyone to rethink and reimagine how things are done while recognizing the legal limitations on what can be done.
I commend all Administrative Law Section members as you face an unexpected and difficult situation. As you assist your clients, please keep in mind that the NCBA has assembled helpful resources regarding COVID‑19, and our Section is here to help you navigate current circumstances. Below is an update on our Section’s activities, and I encourage you to participate in some of the upcoming events.
CLE – “Let the Light Shine” Reconfigured to On‑Demand Format
We had a great in‑person CLE program scheduled before meeting restrictions were implemented. A lot of time and effort was put into the program by planners from our Section and the Government and Public Sector Section. Fortunately, NCBA staff has been able to work with the CLE program planners and presenters to reconfigure the presentations to an on‑demand format that will be available for purchase soon. I want to thank all of the planners, presenters, and NCBA staff involved with this CLE program, which is sure to educate and enlighten our Section members.
Administrative Law Legal Developments
In light of the many fast‑changing developments in Administrative Law, and with recent legislative activity, we are setting up a Zoom meeting for all Section members to participate in that would allow for sharing of information. The first meeting will be held this week on May 8 at 2 p.m. I encourage Section members to attend and be ready to ask questions of your fellow Section members and to share comments and insights you have learned over recent weeks.
Section Annual Meeting
On April 24, we held our Section’s Annual Meeting by Zoom conference. At the meeting, we voted for Council Members, Secretary, and Treasurer. We congratulate these members on their elections and appointments and look forward to their leadership for our Section in the coming years.
Council Members (2020‑2023)
Judge Robin Anderson
Charla Burill
Christina Cress
David Ferrell
Clark Wright
Officers
Secretary: Bain Jones*
Treasurer: Fred Moreno*
*Chair and Vice‑Chair are appointed by the President‑Elect of the NCBA.
Award of Excellence
Due to the timing of COVID‑19 restrictions and the changes made to our Section’s Annual Meeting, we postponed the nomination process for the annual Award of Excellence. We are resoliciting nominations and ask that your nominations be sent via email by Friday, May 29 to our Communities Manager, Cheyenne Merrigan. The nomination form can be found here.
Support for Community
Given that several in‑person events had to be cancelled due to restrictions, our Section Council decided to set aside and donate funds to assist lawyers and citizens in North Carolina impacted by the coronavirus. A forthcoming blog post will provide more information about how our Section is helping those most affected.
Upcoming Events
* May 8 at 2 p.m. – Section Zoom Meeting to Discuss Legal Developments in Administrative Law
* June 18 at 7 p.m. – Durham Bulls Baseball Game (Networking Event subject to change)
* November 20 – Public Records CLE (joint with Government and Public Sector Section)