NC General Statutes

N.C. Gen. Stat. § 150B-43 (2026)

Right to judicial review

✓ current as of July 2026

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Any party or person aggrieved by the final decision in a contested case, and who has exhausted all administrative remedies made available to the party or person aggrieved by statute or agency rule, is entitled to judicial review of the decision under this Article, unless adequate procedure for judicial review is provided by another statute, in which case the review shall be under such other statute. Nothing in this Chapter shall prevent any party or person aggrieved from invoking any judicial remedy available to the party or person aggrieved under the law to test the validity of any administrative action not made reviewable under this Article. A party or person aggrieved shall not be required to petition an agency for rulemaking or to seek or obtain a declaratory ruling before obtaining judicial review of a final decision or order made pursuant to G.S. 150B-34. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 2011-398, s. 22; 2012-194, s. 62.1; 2019-140, s. 2(b); 2025-25, s. 29(6).)

Notes of Decisions

Cited in 197 cases (26 in the last 5 years), 1987–2025 · leading case: Harris v. N.C. Dep't of Pub. Saf., 798 S.E.2d 127 (N.C. Ct. App. 2017).

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Harris v. N.C. Dep't of Pub. Saf., 798 S.E.2d 127 (N.C. Ct. App. 2017). · cites it 36× “N.C. Gen. Stat. § 150B-43 (2015) (emphasis supplied).”

Swauger v. Univ. of N.C. at Charlotte, 817 S.E.2d 434 (N.C. Ct. App. 2018). · cites it 30× “N.C. Gen. Stat. § 150B-43 (2017). This statute provides: Any party or person aggrieved by the final decision in a contested case, and who has exhausted all administrative remedies made available to the party or person aggrieved by statute or agency rule, is entitled to judicial…”

Frazier v. North Carolina Cent. Univ., ex rel. Univ. of North Carolina, 779 S.E.2d 515 (N.C. Ct. App. 2015). · cites it 40× “§ 116-4 (2013)-are "specifically made subject to the judicial review procedures" provided by N.C. Gen.Stat. § 150B-43. Huang v. N.C. State *519 Univ.”

Peace v. Emp. SEC. Com'n of North Carolina, 507 S.E.2d 272 (N.C. 1998). · cites it 12× “N.C.G.S. § 150B-43 further creates a final statutory safeguard against an erroneous decision by providing a right to judicial review of final agency decisions.”

Dep't of Transp. v. Blue, 556 S.E.2d 609 (N.C. Ct. App. 2001). · cites it 11× “Likewise, this Court has adopted the view that judicial review of an alleged NCEPA violation is available under the NCAPA’s judicial review provisions, particularly G.S. § 150B-43. See Citizens Roadways v. Dept.”

Bio-Med. Applications of North Carolina, Inc. v. North Carolina Dep't of Health & Human Servs., 634 S.E.2d 572 (N.C. Ct. App. 2006). · cites it 20× “N.C. Gen.Stat. § 150B-43 (2003). BMA ignores, however, the preceding language of that statute.”

Dare Cnty. v. North Carolina Dep't of Ins., 701 S.E.2d 368 (N.C. Ct. App. 2010). · cites it 22× “The principal statutory provision concerning the extent of the right of a person to obtain judicial review of an administrative decision contained in the Administrative Procedure Act is N.C. Gen. Stat. § 150B-43 (2009), which provides that: Any person who is aggrieved by the…”

Ncatr v. Ncdot, 645 S.E.2d 105 (N.C. Ct. App. 2007). · cites it 9× “NCDOT moved to dismiss the petition based, inter alia, on North Carolina Civil Procedure Rule 12(b)(1), (2), and (6); the North Carolina Administrative Procedure Act, N.C.G.S. § 150B-43; and lack of standing.”

North Carolina All. for Transp. Reform, Inc. v. North Carolina Dep't of Transp., 183 N.C. App. 466 (N.C. Ct. App. 2007). · cites it 9× “NCDOT moved to dismiss the petition based, inter alia, on North Carolina Civil Procedure Rule 12(b)(1), (2), and (6); the North Carolina Administrative Procedure Act, N.C.G.S. § 150B-43; and lack of standing.”

Davis v. Hiatt, 390 S.E.2d 338 (N.C. 1990). · cites it 18× “§ 150B-2 provides in part: (2) "Contested case" means an administrative proceeding pursuant to this Chapter to resolve a dispute between an agency and another person that involves the person's rights, duties, or privileges, including licensing or the levy of a monetary penalty.”

Huang v. North Carolina State Univ., 421 S.E.2d 812 (N.C. Ct. App. 1992). · cites it 9× “If the results of these procedures are not satisfactory to the aggrieved party, judicial review of the agency’s final decision is available under N.C.G.S. § 150B-43, which provides [a]ny person who is aggrieved by the final decision in a contested case, and who has exhausted all…”

Vincoli v. State, 792 S.E.2d 813 (N.C. Ct. App. 2016). · cites it 6× “If the employee or state agency is aggrieved by the Commission's final decision, either party may petition the superior court for judicial review, N.C.G.S. § 150B-43 (1995), as petitioner Powell did in this case.”

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