OAH hearing (North Carolina) · Go Syfert
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OAH hearing in North Carolina

6 North Carolina opinions name it 2 courts 1997–2022 1 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Vincoli v. Stategreen
ncctapp · 2016 · cited in 1 North Carolina opinions naming this issue, 2018–2018
2 sentences

2018App. at ----, 792 S.E.2d at 814 (footnote and quotation marks omitted).

2018App. at ----, 792 S.E.2d at 814 (footnote and quotation marks omitted).

11
Enoch v. Alamance County Dep't of Social Servicesgreen
ncctapp · 2004 · cited in 1 North Carolina opinions naming this issue, 2016–2016
2 sentences

2016Id. at 244 , 595 S.E.2d at 753 .

2016Id. at 244 , 595 S.E.2d at 753 .

11
Nailing v. UNC-CHgreen
ncctapp · 1995 · cited in 1 North Carolina opinions naming this issue, 1997–1997
2 sentences

1997Nailing v. UNC-CH, 117 N.C.App. 318, 324 , 451 S.E.2d 351, 355 (1994), disc. review denied, 339 N.C. 614 , 454 S.E.2d 255 (1995).

1997Nailing v. UNC-CH, 117 N.C.App. 318, 324 , 451 S.E.2d 351, 355 (1994), disc. review denied, 339 N.C. 614 , 454 S.E.2d 255 (1995).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Presnell v. Pell green
nc · 1979
2 sentences

2022Presnell v. Pell, 298 N.C. 715 , 724–25 (1979). 8 This legitimate governmental objective need not be the actual objective of the state actors.

2022Presnell v. Pell, 298 N.C. 715 , 724–25 (1979). 8 This legitimate governmental objective need not be the actual objective of the state actors.

12022–2022
Wetherington v. North Carolina Department of Public Safety green
nc · 2015
2 sentences

2017Critically, the trooper's commanding officer testified "at the OAH hearing ... that he decided to dismiss petitioner not based upon consideration of the facts and circumstances of petitioner's conduct, but instead because of his erroneous view that any violation of the [Highway] Patrol's truthfulness policy must result in dismissal." Id. at 592 , 780 S.E.2d at 547 -48 .

2017Critically, the trooper's commanding officer testified "at the OAH hearing ... that he decided to dismiss petitioner not based upon consideration of the facts and circumstances of petitioner's conduct, but instead because of his erroneous view that any violation of the [Highway] Patrol's truthfulness policy must result in dismissal." Id. at 592 , 780 S.E.2d at 547 -48 .

12017–2017
Curtis v. North Carolina Department of Transportation green
ncctapp · 2000
2 sentences

2016Because the record includes substantial evidence of Ledford's affiliation with the Democratic party, see Curtis, 140 N.C.App. at 479 , 537 S.E.2d at 502 , we conclude that Ledford did satisfy this element. 8 The challenged testimony also is highly probative of another element necessary to Ledford's claim, discussed infra, that the purportedly nondiscriminatory reason articulated by DPS for his termination was pretextual. 9 The relevant subsection here is labeled "Posting Requirements Not Applicable" and provides that: "Posting is not required when an agency determines that it will not openly r

2016Because the record includes substantial evidence of Ledford's affiliation with the Democratic party, see Curtis, 140 N.C.App. at 479 , 537 S.E.2d at 502 , we conclude that Ledford did satisfy this element. 8 The challenged testimony also is highly probative of another element necessary to Ledford's claim, discussed infra, that the purportedly nondiscriminatory reason articulated by DPS for his termination was pretextual. 9 The relevant subsection here is labeled "Posting Requirements Not Applicable" and provides that: "Posting is not required when an agency determines that it will not openly r

12016–2016
City of Rockingham v. North Carolina Department of Environment & Natural Resources green
ncctapp · 2012
2 sentences

2016City of Rockingham, 224 N.C.App. at 239 , 736 S.E.2d at 771 .

2016City of Rockingham, 224 N.C.App. at 239 , 736 S.E.2d at 771 .

12016–2016
Newberne v. DEPT. OF CRIME CONTROL green
nc · 2005
1 sentence

2016Given the two grounds clearly indicated for his requested OAH hearing and the conspicuous absence of any allegation in his petition that his dismissal was the result of retaliation in violation of the Whistleblower Act, the Court held that "the doctrine of administrative exhaustion does not prevent [the] plaintiff from filing a whistleblower claim in superior court." Id.

12016–2016
North Carolina Department of Transportation v. Hodge green
nc · 1998
2 sentences

2016The evidence presented during the OAH hearing demonstrated that DOT's IAS Chief had: (1) "considerable independence to direct and supervise audits inside the DOT"; (2) "supervisory authority within the section over other auditors' work and assignments"; and (3) responsibility for "consult[ing] with the heads of units being audited and with higher-ranking DOT officials and ma[king] recommendations for changes based on the result of audits." *457 Id. at 604 , 499 S.E.2d at 189 .

2016The evidence presented during the OAH hearing demonstrated that DOT's IAS Chief had: (1) "considerable independence to direct and supervise audits inside the DOT"; (2) "supervisory authority within the section over other auditors' work and assignments"; and (3) responsibility for "consult[ing] with the heads of units being audited and with higher-ranking DOT officials and ma[king] recommendations for changes based on the result of audits." *457 Id. at 604 , 499 S.E.2d at 189 .

12016–2016
Patterson v. AT & T Technologies green
nc · 1995
2 sentences

1997Nailing v. UNC-CH, 117 N.C.App. 318, 324 , 451 S.E.2d 351, 355 (1994), disc. review denied, 339 N.C. 614 , 454 S.E.2d 255 (1995).

1997Nailing v. UNC-CH, 117 N.C.App. 318, 324 , 451 S.E.2d 351, 355 (1994), disc. review denied, 339 N.C. 614 , 454 S.E.2d 255 (1995).

11997–1997
Nailing v. UNC-CH green
nc · 1995
2 sentences

1997Nailing v. UNC-CH, 117 N.C.App. 318, 324 , 451 S.E.2d 351, 355 (1994), disc. review denied, 339 N.C. 614 , 454 S.E.2d 255 (1995).

1997Nailing v. UNC-CH, 117 N.C.App. 318, 324 , 451 S.E.2d 351, 355 (1994), disc. review denied, 339 N.C. 614 , 454 S.E.2d 255 (1995).

11997–1997

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 126-34.02 (3) NC § N.C. Gen. Stat. § 126-5 (3) NC § N.C. Gen. Stat. § 150B-51 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WY 12 (2006–2021) WV 9 (2017–2023) NC 6 (1997–2022) DC 5 (2006–2020) MD 2 (1995–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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