Boehm v. North Carolina Board of Podiatry Examiners

MARTIN (Harry C.), Judge.

Petitioner argues two assignments of error, first, the court erred in overruling his plea in bar, and second, the court erred in the entry of the judgment affirming the order of the Board.

In reviewing the Board’s order, the proceedings were conducted by the judge without a jury, upon the record made before the Board, and the briefs and oral arguments of the parties. N.C. Gen. Stat. 150A-50. The legislature has adopted the “whole record” test for application by the court in reviewing the Board’s order. N.C. Gen. Stat. 150A-5H5). This requires the Board’s judgment to be…