Gaskill v. State ex rel. Cobey

McCRODDEN, Judge.

Respondent contends that the trial court erred by reversing the final decision of OAH finding that it lacked subject matter jurisdiction over the petition for a contested case. In ruling on this contention, we must decide whether petitioner met the requirements for commencing a contested case hearing which are found at N.C.G.S. § 113A-126(d)(3) of CAMA and N.C.G.S. § 150B-23(a) of the APA. We hold that he did not, and we reverse the Superior Court’s decision.

In order to commence a contested case, petitioner must follow the requirements in CAMA. That Act requires that a…