Boston v. N.C. Private Protective Services Board

EAGLES, Judge.

When reviewing a final administrative decision, the trial judge’s conclusion must “rest on whether there was substantial evidence in view of the entire record submitted.” Lackey v. N.C. Dept. of Human Resources, 306 N.C. 231, 237-8, 293 S.E.2d 171, 176 (1982). We note parenthetically that Lackey interpreted G.S. 150A-5K5) which has been recodified intact as G.S. 150B-51(5). This standard of judicial review is known as the “whole record” test. Id. at 238, 293 S.E.2d at 176, citing Thompson v. Wake Cty. Board of Education, 292 N.C. 406, 233 S.E.2d 538 (1977).

“Substantial evidence…