Alexander v. Wilkerson

ARNOLD, Judge.

Petitioner challenges the Department’s final decision on two grounds: (1) that the A.L.J. abused his discretion when he denied petitioner’s motion to continue and (2) that he abused his discretion by terminating the hearing and rendering a recommended decision without hearing the remainder of petitioner’s evidence. Presumably, petitioner believes his additional evidence would shift the weight of the evidence to his favor.

The powers of an A.L.J. are outlined in The Administrative Procedure Act, N.C. Gen. Stat. § 150B-33 (1987), and in the Rules of the Office of Administrative…