Harris v. N.C. Dep't of Pub. Safety
Court of Appeals of North Carolina
1Concurring in part, dissenting in partMcGEE, Chief Judge
I concur in the majority's conclusion that an "administrative law judge, reviewing an agency's decision to discipline a career state employee ... owes no deference to the agency's conclusion of law that *111... just cause existed" for the action taken by the agency. I also agree that "[a]fter receiving and considering the evidence, and entering findings of fact, an administrative law judge is free to substitute their judgment for that of the agency as to the legal conclusion of whether just cause ... existed for the agency's action." However, I respectfully dissent from the majority's assertion…
2Cases cited5 opinions
- North Carolina Department of Environment & Natural Resources v. CarrollSupreme Court of North Carolina · 2004
- Northern National Life Insurance v. Lacy J. Miller MacHine Co.Supreme Court of North Carolina · 1984
- Warren v. North Carolina Department of Crime Control & Public SafetyCourt of Appeals of North Carolina · 2012
- Blackburn v. N.C. Dep't of Pub. SafetyCourt of Appeals of North Carolina · 2016
- Barron v. Eastpointe Human Servs. LmeCourt of Appeals of North Carolina · 2016