(a) Deadline. - To obtain judicial review of a final decision under this Article, the person seeking review must file a petition in superior court within 30 days after the person is served with a written copy of the decision. A person that fails to file a petition within the required time waives the right to judicial review under this Article. For good cause shown, however, the superior court may accept an untimely petition.
(b) Venue. - The petition must be filed as follows:
(1) Contested tax cases. - A petition for review of a final decision in a contested tax case arising under G.S. 105-241.15 must be filed in the Superior Court of Wake County.
(2) Other final decisions. - A petition for review of any other final decision under this Article must be filed in the superior court of the county where the person aggrieved by the administrative decision resides, or in the case of a person residing outside the State, in the county where the contested case that resulted in the final decision was filed.
(3) Change of venue. - If a petition is filed in an improper county, the superior court of that county may order a change of venue consistent with G.S. 1-83 but shall not dismiss the petition on the ground of improper venue.
(c) State Board of Elections. - For a stay entered pursuant to G.S. 150B-33(b)(6), the State Board of Elections may obtain judicial review of the temporary restraining order or preliminary injunction in the superior court of the county designated in subsection (a) of this section. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1987, c. 878, s. 16; 2007-491, s. 43; 2013-143, s. 4; 2018-13, s. 3.1; 2022-64, s. 5(a).)
Notes of Decisions
Harris v. N.C. Dep't of Pub. Saf., 798 S.E.2d 127 (N.C. Ct. App. 2017).
· cites it 10× “See N.C. Gen. Stat. § 150B-45 (2015) (“To obtain judicial review of a final decision under [Article 4 of Chapter 150B], the person seeking review must file .”
In Re Redmond Ex Rel. Nichols, 369 N.C. 490 (N.C. 2017).
· cites it 6× “Although petitions for judicial review of final agency decisions governed by the APA ordinarily are “filed in the superior court of the county where the person aggrieved by the administrative decision resides,” N.C.G.S. § 150B-45(a) (2015), in Rate Bureau, appeal was taken…”
Amanini v. N.C. Dep't of Human Resources, 443 S.E.2d 114 (N.C. Ct. App. 1994).
· cites it 5× “Petitioner thereafter sought judicial review pursuant to N.C.G.S. §§ 150B-45 (1991) and 150B-46 (1991) by means of a petition filed *673 11 March 1991 in Wilson County Superior Court.”
NC Dep't Of Pub. Saf. v. Owens, 782 S.E.2d 337 (N.C. Ct. App. 2016).
· cites it 7× “N.C. Gen.Stat. §§ 150B-45 and 46 are the sections of the Administrative Procedure Act which set forth the procedures for the filing and serving of a petition for judicial review of a final decision in a contested case hearing.”
Lineberger v. North Carolina Dep't of Corr., 657 S.E.2d 673 (N.C. Ct. App. 2008).
· cites it 4× “In County of Durham , this Court affirmed a declaratory ruling issued by the NCDENR pursuant to N.C. Gen.Stat. § 150B-45 (1991), recognizing "a tenet of statutory construction that a reviewing court should defer to the agency's interpretation of a statute it administers `so []…”
High Rock Lake Partners, LLC v. North Carolina Dep't of Transporation, 720 S.E.2d 706 (N.C. Ct. App. 2011).
· cites it 10× “DOT argues, essentially, that by allowing High Rock’s untimely petition, the superior court applied an erroneous definition to the term “good cause” contained in N.C.G.S. § 150B-45. “To obtain judicial review of a final decision under .”
Cnty. of Wake v. North Carolina Dep't of Env't & Nat. Resources, 573 S.E.2d 572 (N.C. Ct. App. 2002).
· cites it 4× “Wake County asserted the final agency decision was "1) in excess of the statutory authority or jurisdiction of the Agency, 2) made upon unlawful procedure, 3) affected by error of law, 4) unsupported by substantial evidence in view of the entire record and/or 5) arbitrary and…”
Butler v. Scotland Cty. Bd. of Educ., 811 S.E.2d 185 (N.C. Ct. App. 2018).
· cites it 8× “Petitioner respectfully requests that the Court enter an appropriate Order requiring the Respondent to promptly transmit and deliver to this Court a complete copy of the administrative record compiled in this matter, including any and all transcripts, exhibits, evidence, or…”
Huang v. North Carolina State Univ., 421 S.E.2d 812 (N.C. Ct. App. 1992).
· cites it 3× “” N.C.G.S. §§ 150B-45, 46 (1991). This judicial review is to be conducted without a jury.”
— N.C. Gen. Stat. § 150B-45(a) — 18 cases
In Re Redmond Ex Rel. Nichols, 369 N.C. 490 (N.C. 2017).
“Although petitions for judicial review of final agency decisions governed by the APA ordinarily are “filed in the superior court of the county where the person aggrieved by the administrative decision resides,” N.C.G.S. § 150B-45(a) (2015), in Rate Bureau, appeal was taken…”
NC Dep't Of Pub. Saf. v. Owens, 782 S.E.2d 337 (N.C. Ct. App. 2016).
“N.C. Gen.Stat. §§ 150B-45 and 46 are the sections of the Administrative Procedure Act which set forth the procedures for the filing and serving of a petition for judicial review of a final decision in a contested case hearing.”
Butler v. Scotland Cty. Bd. of Educ., 811 S.E.2d 185 (N.C. Ct. App. 2018).
“Petitioner respectfully requests that the Court enter an appropriate Order requiring the Respondent to promptly transmit and deliver to this Court a complete copy of the administrative record compiled in this matter, including any and all transcripts, exhibits, evidence, or…”
— N.C. Gen. Stat. § 150B-45(b) — 5 cases
NC Dep't Of Pub. Saf. v. Owens, 782 S.E.2d 337 (N.C. Ct. App. 2016).
“N.C. Gen.Stat. §§ 150B-45 and 46 are the sections of the Administrative Procedure Act which set forth the procedures for the filing and serving of a petition for judicial review of a final decision in a contested case hearing.”
High Rock Lake Partners, LLC v. North Carolina Dep't of Transporation, 720 S.E.2d 706 (N.C. Ct. App. 2011).
“DOT argues, essentially, that by allowing High Rock’s untimely petition, the superior court applied an erroneous definition to the term “good cause” contained in N.C.G.S. § 150B-45. “To obtain judicial review of a final decision under .”
— N.C. Gen. Stat. § 150B-45(b)(2) — 1 case
— N.C. Gen. Stat. § 150B-45(c) — 1 case
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