Legal Opinion

Presbyterian-Orthopaedic Hospital v. North Carolina Department of Human Resources

Court of Appeals of North Carolina

Decided June 4, 1996No. COA94-1358PublishedCited by 11 opinions

1Opinion of the Court

EAGLES, Judge.

I

Our review of final agency decisions is governed by G.S. 150B-51(b). Pursuant to G.S. 150B-51(b):

[T]he court reviewing a final decision [of an administrative agency] may affirm the decision of the agency or remand the case for further proceedings. It may also reverse or modify the agency’s decision if the substantial rights of the petitioners may have been prejudiced because the agency’s findings, inferences, conclusions, or decisions are:(1) In violation of constitutional provisions;(2) In excess of the statutory authority or jurisdiction of the agency;(3) Made upon unlawful…

2Cases cited3 opinions

  1. Britthaven, Inc. v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1995
  2. In Re the Appeal From the Approval of the Application of Wake Kidney Clinic, P.A.Court of Appeals of North Carolina · 1987
  3. Charlotte-Mecklenburg Hospital Authority v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1986

3Cited by11 opinions

  1. Living Centers-Southeast, Inc. v. N.C. Department of Health & Human ServicesCourt of Appeals of North Carolina · 2000
  2. Good Hope Health System, L.L.C. v. N.C. Department of Health & Human ServicesCourt of Appeals of North Carolina · 2008
  3. Burke Health Investors, L.L.C. v. N.C. Department of Human ResourcesCourt of Appeals of North Carolina · 1999
  4. Eastern Carolina Internal Medicine, P.A. v. North Carolina Department of HealthCourt of Appeals of North Carolina · 2011
  5. Wakemed v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2012

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