Within 30 days after receipt of the copy of the petition for review, or within such additional time as the court may allow, the Office of Administrative Hearings shall transmit to the reviewing court the original or a certified copy of the official record in the contested case under review. With the permission of the court, the record may be shortened by stipulation of all parties to the review proceedings. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for such additional costs as may be occasioned by the refusal. The court may require or permit subsequent corrections or additions to the record when deemed desirable. (1973, c. 1331, s. 1; 1983, c. 919, s. 3; 1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c. 1022, s. 1(18); 1987, c. 878, s. 22; 2011-398, s. 24.)
Notes of Decisions
Huang v. North Carolina State Univ., 421 S.E.2d 812 (N.C. Ct. App. 1992).
· cites it 3× “The trial court did not have before it the complete administrative record, as required by N.C.G.S. § 150B-47. Indeed the trial court conducted a de novo hearing, not a review of the record of the agency proceedings.”
Harding v. North Carolina Dep't of Corr., 113 PA 93 (N.C. 1993).
· cites it 3× “N.C.G.S. § 150B-47. Although on appeal a party may apply to the superior court to present additional evidence, the court cannot hear such evidence but may only remand for the taking of additional evidence.”
Ragland v. Nash-Rocky Mount Bd. Of Educ., 787 S.E.2d 422 (N.C. Ct. App. 2016).
· cites it 2× “Here, the CD video recording was part of the Administrative Record, which was filed by respondent-Board pursuant to N.C. Gen.Stat. § 150B-47 for review by the trial court and filed with this Court pursuant to Rule 9(d)(2).”
Leeuwenburg v. Waterway Inv. Ltd. P'ship, 445 S.E.2d 614 (N.C. Ct. App. 1994).
· cites it 2× “§ 113A-118 requires that permits for development in public trust waters be issued by the Coastal Resources Commission or its duly authorized agent.”
Jones v. Dep't of Pub. Saf., 798 S.E.2d 437 (N.C. Ct. App. 2017).
· cites it 5× “"In order to preserve an issue for appellate review, a party must have presented to the trial court a timely request, objection, or motion[.”
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