Failure of an administrative law judge subject to Article 3 of this Chapter or failure of an agency subject to Article 3A of this Chapter to make a final decision within 120 days of the close of the contested case hearing is justification for a person whose rights, duties, or privileges are adversely affected by the delay to seek a court order compelling action by the agency or by the administrative law judge.
N.C. Gen. Stat. § 150B-44
Right to judicial intervention when final decision unreasonably delayed
Applied in 15 court decisions — leading case 155 N.C. App. 225 - County of Wake v. North Carolina Department of Environment & Natural Resources (2002)
Most recently applied in 231 N.C. App. 270 - North Carolina State Board of Education v. North Carolina Learns, Inc. (December 2013)
1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1985 (Reg
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.