Review of Administrative Actions

13.1. General principles. This rule applies to the Court’s review of a final agency decision, including cases brought under N.C.G.S. § 105-241.16 (i.e., “administrative appeals”). This rule does not apply to civil actions brought pursuant to N.C.G.S. § 105-241.17. 13.2. Case management. Unless the Court orders otherwise, BCR 9 and 11 do not apply to administrative appeals. 13.3. Record in administrative appeals. Within fifteen days of the date of the letter from the Office of Administrative Hearings submitting the official record in an administrative appeal to the Wake County Clerk of Superior Court, the parties must meet and confer regarding any further actions that may be required to prepare the appropriate record for use in the Business Court proceeding. Within twenty days of that conference, the parties must file with the Court a final administrative record. This filing must include a statement that clarifies whether the final record consists of (i) the official record that the Office of Administrative Hearings submitted to the Wake County Clerk of Court, or (ii) a modified version of the record to which the parties have agreed. If the parties cannot agree on a final record, then the parties must utilize the procedures described in BCR 10.9(b) to raise their disagreement with the Court. 13.4. Briefs. The petitioner in an administrative appeal must file its brief no later than thirty days after the date that the parties file a stipulation that they are in agreement as to the contents of the record or the date the final record is submitted to the Court under BCR 13.3. The respondent may file its brief no later than thirty days after service of the petitioner’s brief. The petitioner may file a reply brief no later than ten days after service of the respondent’s brief. All briefs must comply with the formatting and length requirements of BCR 7. 13.5. Hearings. The Court, in its discretion, may conduct a hearing on an administrative appeal after briefing is completed. History Note. 372 N.C. 911; 372 N.C. 844.