Oates v. North Carolina Department of Correction

ARNOLD, Chief Judge.

Petitioner presents three arguments for our review, all of which maintain, for various reasons, that the superior court erred in affirming the SPC’s decision. In his first argument, petitioner contends that the SPC’s stated reasons for not adopting the ALJ’s recommended decision are erroneous.

Respondent contends this argument is not properly before the Court and that our review is limited to a determination of whether the superior court failed to apply the standard of review set forth in G.S. § 150B-51. In support of its contention, respondent argues that the petition for…