Yates Construction Co. v. Commissioner of Labor for North Carolina

ARNOLD, Chief Judge.

Judicial review of OSHA Review Board decision’s is governed by the provisions of the Administrative Procedure Act (Article 4 of Chapter 150B). N.C. Gen. Stat. § 95-141 (1993). The Administrative Procedure Act provides that the

court reviewing a final decision may affirm the decision of the agency or remand the case for further proceedings. It may also reverse or modify the agency’s decision if the substantial rights of the petitioners may have been prejudiced because the agency’s findings, inferences, conclusions, or decisions are:(1) In violation of constitutional…