Britthaven, Inc. v. North Carolina Department of Human Resources

ARNOLD, Chief Judge.

Petitioner Britthaven’s first assignment of error is that the Agency’s initial decision was improperly reviewed, thereby restricting the applicant’s statutory hearing rights. Specifically, petitioner argues that the AU’s Recommended Decision and the Director’s Final Decision afforded a “presumption of correctness” as to the Agency’s initial decision, rather than providing a de novo hearing as to all disputed issues. Petitioner’s argument is without merit.

The review procedure set forth in certificate of need (hereinafter “CON”) law allows for the agency to make an initial…