House of Raeford Farms, Inc. v. STATE EX REL. ENV. MANAGEMENT COM'N

FRYE, Justice.

In this appeal, petitioners contend that the Court of Appeals erred in holding that the Office of Administrative Hearings (OAH) was without subject matter jurisdiction over their contested case petition because petitioners failed to file such petition within sixty days of receiving notice of respondents’ assessment of civil penalties. Petitioners contend that the 60-day time limitation of N.C.G.S. § 150B-23(f) was tolled by the superior court’s assertion of subject matter jurisdiction over this assessment and remained tolled until the court’s assertion of jurisdiction was…