Legal Opinion

Area Mental Health, Mental Retardation & Substance Abuse Authority v. Speed

Court of Appeals of North Carolina

Decided July 3, 1984No. 8310SC804PublishedCited by 9 opinions

1Opinion of the Court

HEDRICK, Judge.

N.C. Gen. Stat. Sec. 126-43 in pertinent part provides:

The provisions of the Administrative Procedure Act, Chapter 150A, shall apply to the State Personnel System and hearing and appeal matters before the Commission. . . .

N.C. Gen. Stat. Sec. 150A-51 sets out the scope of review and power of the reviewing court on appeals from administrative decisions as follows:

The court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the…

2Cases cited4 opinions

  1. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  2. Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., DefendantsCourt of Appeals for the First Circuit · 1979
  3. Robert FLOWERS, Plaintiff-Appellant, v. CROUCH-WALKER CORPORATION, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1977
  4. North Carolina Department of Correction v. GibsonSupreme Court of North Carolina · 1983

3Cited by9 opinions

  1. Davis v. Durham Mental Health Developmental Disabilities Substance Abuse Area AuthorityDistrict Court, M.D. North Carolina · 2004
  2. North Carolina Department of Justice v. EakerCourt of Appeals of North Carolina · 1988
  3. Vanderburg v. N.C. Department of RevenueCourt of Appeals of North Carolina · 2005
  4. Shepherd v. Consolidated Judicial Retirement SystemCourt of Appeals of North Carolina · 1988
  5. Gordon v. North Carolina Department of CorrectionCourt of Appeals of North Carolina · 2005

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