Legal Opinion
Community Psychiatric Centers v. North Carolina Department of Human Resources
Court of Appeals of North Carolina
Decided July 16, 1991No. 8910OAH1256PublishedCited by 4 opinions
1Opinion of the Court
ARNOLD, Judge.
Petitioner is not a “party in a contested case hearing” within the meaning of N.C. Gen. Stat. § 131E-188(b) (1988). This appeal must therefore be dismissed for lack of subject matter jurisdiction.
The Administrative Law Judge (A.L.J.) found the following facts. The Department of Human Resources (DHR) mailed petitioner notice that DHR had denied petitioner’s application for a certificate of need on 26 December 1988. DHR first received a letter from petitioner captioned “Petition for Contested Case Hearing” on 20 January 1989. This letter was not verified or supported by affidavit.…
2Cases cited2 opinions
- Charlotte-Mecklenburg Hospital Authority v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1986
- Rowan Health Properties, Inc. v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1988
3Cited by4 opinions
- Hedgepeth v. North Carolina Division of Services for the BlindCourt of Appeals of North Carolina · 2001
- Department of Transportation v. BlueCourt of Appeals of North Carolina · 2001
- Citizens for Clean Industry, Inc. v. LoftonCourt of Appeals of North Carolina · 1993
- Iredell Memorial Hospital v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1991