Stevenson v. North Carolina Department of Insurance

BRITT, Judge.

Defendants contend first that the superior court had no authority to enter a stay order of plaintiff’s dismissal before *302the exhaustion of his administrative remedies before the State Personnel Commission. We agree with this contention.

Under G.S. 126-35 of our State Personnel Act, “. . . [t]he employee, if he is not satisfied with the final decision, of the head of the department, or if he is unable, within a reasonable period of time, to obtain a final decision by the head of the department, may appeal to the State Personnel Commission.” By virtue of G.S. 126-4(9) the…