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N.C. Gen. Stat. § 150B-46

Contents of petition; copies served on all parties; intervention

Applied in 15 court decisions — leading case 155 N.C. App. 568 - Shackleford-Moten v. Lenoir County Dept. of Social Services (2002)

Most recently applied in 257 N.C. App. 570 - Butler v. Scotland Cty. Bd. of Educ. (February 2018)

1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c. 35, s. 10.

How often courts cite this section

199420002010201820
citing decisions per year

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.

The petition shall explicitly state what exceptions are taken to the decision or procedure and what relief the petitioner seeks. Within 10 days after the petition is filed with the court, the party seeking the review shall serve copies of the petition by personal service or by certified mail upon all who were parties of record to the administrative proceedings. Names and addresses of such parties shall be furnished to the petitioner by the agency upon request. Any party to the administrative proceeding is a party to the review proceedings unless the party withdraws by notifying the court of the withdrawal and serving the other parties with notice of the withdrawal. Other parties to the proceeding may file a response to the petition within 30 days of service. Parties, including agencies, may state exceptions to the decision or procedure and what relief is sought in the response.

Any person aggrieved may petition to become a party by filing a motion to intervene as provided in G.S. 1A-1, Rule 24.

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.