There is created an Office of Administrative Hearings. The Office of Administrative Hearings is an independent, quasi-judicial agency under Article III, Sec. 11 of the Constitution and, in accordance with Article IV, Sec. 3 of the Constitution, has such judicial powers as may be reasonably necessary as an incident to the accomplishment of the purposes for which it is created. The Office of Administrative Hearings is established to ensure that administrative decisions are made in a fair and impartial manner to protect the due process rights of citizens who challenge administrative action and to provide a source of independent administrative law judges to conduct administrative hearings in contested cases in accordance with Chapter 150B of the General Statutes and thereby prevent the commingling of legislative, executive, and judicial functions in the administrative process. It shall also maintain dockets and records of contested cases and shall codify and publish all administrative rules.
N.C. Gen. Stat. § 7A-750
Creation; status; purpose
Applied in 4 court decisions — leading case 128 N.C. App. 534 - DTH Publishing Corp. v. University of North Carolina at Chapel Hill (1998)
Most recently applied in K.I. v. Durham Public Schools Board (December 2022)
1985, c. 746, s. 2; 1991, c. 103, s. 1; 2000-190, s. 2.
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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.