The petition shall explicitly state what exceptions are taken to the decision or procedure and what relief the petitioner seeks. Within 10 days after the petition is filed with the court, the party seeking the review shall serve copies of the petition by personal service or by certified mail upon all who were parties of record to the administrative proceedings. Names and addresses of such parties shall be furnished to the petitioner by the agency upon request. Any party to the administrative proceeding is a party to the review proceedings unless the party withdraws by notifying the court of the withdrawal and serving the other parties with notice of the withdrawal. Other parties to the proceeding may file a response to the petition within 30 days of service. Parties, including agencies, may state exceptions to the decision or procedure and what relief is sought in the response.
Any person aggrieved may petition to become a party by filing a motion to intervene as provided in G.S. 1A-1, Rule 24. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c. 35, s. 10.)
Notes of Decisions
NC Dep't Of Pub. Saf. v. Owens, 782 S.E.2d 337 (N.C. Ct. App. 2016).
· cites it 12× “Specifically, Sergeant Owens contends that the superior court should have granted his motion to dismiss the Highway Patrol's petition for judicial review of the ALJ's order on the ground that he was not properly served the petition within the time allowed by N.C. Gen.Stat. §…”
Butler v. Scotland Cty. Bd. of Educ., 811 S.E.2d 185 (N.C. Ct. App. 2018).
· cites it 31× “Because we conclude that Butler's petition failed to comply with several essential requirements under N.C. Gen. Stat. § 150B-46, we affirm. Factual and Procedural Background In 2016, Butler was a career teacher employed at Scotland County High School.”
Gray v. Orange Cnty. Health Dep't, 457 S.E.2d 892 (N.C. Ct. App. 1995).
· cites it 16× “The Department first contends the trial court erred by denying its motion to dismiss Gray's petition for judicial review, alleging the petition failed to meet the specificity requirements of N.C.Gen.Stat. § 150B-46 (1991). We find this contention valid.”
Davis v. North Carolina Dep't of Human Resources, 485 S.E.2d 342 (N.C. Ct. App. 1997).
· cites it 14× “section 150B-46 provides: "Within 10 days after the petition is filed with the court, the party seeking the review shall serve copies of the petition .”
Zimmerman v. Appalachian State Univ., 560 S.E.2d 374 (N.C. Ct. App. 2002).
· cites it 3× “Respondents filed a motion to dismiss on 20 November 1997, alleging that petitioner had failed to “explicitly state what exceptions are taken to the decision or procedure,” as required by N.C.G.S. § 150B-46. The motion to dismiss was denied, and an amended petition for judicial…”
Shackleford-Moten v. Lenoir Cnty. Dept. of Soc. Servs., 573 S.E.2d 767 (N.C. Ct. App. 2002).
· cites it 2× “On 29 July 1998, plaintiff filed a petition for judicial review pursuant to N.C. Gen. Stat. § 150B-46. By order entered 26 May 2000, the superior court affirmed the local appointing authority’s final decision.”
Ragland v. Nash-Rocky Mount Bd. Of Educ., 787 S.E.2d 422 (N.C. Ct. App. 2016).
· cites it 5× “Respondent-Board also filed a Response to the Petition for Judicial Review pursuant to N.C. Gen.Stat. § 150B-46. Meanwhile, petitioner filed a Motion to Enter Default, a Motion for Judgment by Default, a Motion for Summary Judgment, and later a revised Motion for Summary…”
Save Our Rivers, Inc. v. Town of Highlands, 440 S.E.2d 334 (N.C. Ct. App. 1994).
· cites it 6× “Highlands, DEHNR, and the DEM contend, however, that despite petitioners’ ability to fulfill the requirements for judicial review under Section 150B-43, they are not entitled to such review because their petition did not “explicitly state what exceptions are taken to the…”
North Carolina State Bd. of Educ. v. North Carolina Learns, Inc., 751 S.E.2d 625 (N.C. Ct. App. 2013).
· cites it 5× “” An aggrieved party is defined as “any person or group of persons of common interest directly or indirectly affected substantially in his or its person, property, or employment by an administrative decision.”
E. Alan Rusher & H & R Towing, Inc. v. Tomlinson, 459 S.E.2d 285 (N.C. Ct. App. 1995).
· cites it 4× “2d 334, 339 (liberally construing requirement under G.S. § 150B-46 that third parties seeking judicial review of final agency decision specifically set out exceptions to agency decision in party's petition for judicial review), disc.”
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