North Carolina Department of Justice v. Eaker

EAGLES, Judge.

Judicial review of State Personnel Commission decisions is governed by Chapter 150B, the Administrative Procedure Act. G.S. 150A-l(c) (now G.S. 150B-1(c)); Area Mental Health Authority v. Speed, 69 N.C. App. 247, 317 S.E. 2d 22, disc. rev. denied, 312 N.C. 81, 321 S.E. 2d 893 (1984) (decided under former G.S. 126-43). Petitioner argues that in reversing the Commission’s decision, the superior court erred when it concluded that: (1) the Commission lacked jurisdiction to reinstate him, (2) the Commission’s findings that the Department failed to follow the applicable policies for…