(a) In reviewing a final decision in a contested case in whichan administrative law judge made a recommended decision and the State PersonnelCommission made an advisory decision in accordance with G.S. 126‑37(b1),the court shall make two initial determinations. First, the court shalldetermine whether the applicable appointing authority heard new evidence afterreceiving the recommended decision. If the court determines that the applicableappointing authority heard new evidence, the court shall reverse the decisionor remand the case to the applicable appointing authority to enter a decisionin accordance with the evidence in the official record. Second, if theapplicable appointing authority did not adopt the recommended decision, thecourt shall determine whether the applicable appointing authority's decisionstates the specific reasons why the applicable appointing authority did notadopt the recommended decision. If the court determines that the applicable appointingauthority did not state specific reasons why it did not adopt a recommendeddecision, the court shall reverse the decision or remand the case to theapplicable appointing authority to enter the specific reasons.
(a1) In reviewing a final decision in a contested case in which anadministrative law judge made a decision, in accordance with G.S. 150B‑34(a),and the agency adopted the administrative law judge's decision, the court shalldetermine whether the agency heard new evidence after receiving the decision.If the court determines that the agency heard new evidence, the court shallreverse the decision or remand the case to the agency to enter a decision inaccordance with the evidence in the official record. The court shall alsodetermine whether the agency specifically rejected findings of fact containedin the administrative law judge's decision in the manner provided by G.S. 150B‑36(b1)and made findings of fact in accordance with G.S. 150B‑36(b2). If thecourt determines that the agency failed to follow the procedure set forth inG.S. 150B‑36, the court may take appropriate action under subsection (b)of this section.
(b) Except as provided in subsection (c) of this section, inreviewing a final decision, the court may affirm the decision of the agency orremand the case to the agency or to the administrative law judge for furtherproceedings. It may also reverse or modify the agency's decision, or adopt theadministrative law judge's decision if the substantial rights of thepetitioners may have been prejudiced because the agency's findings, inferences,conclusions, or decisions are:
(1) In violation of constitutional provisions;
(2) In excess of the statutory authority or jurisdiction of theagency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Unsupported by substantial evidence admissible under G.S.150B‑29(a), 150B‑30, or 150B‑31 in view of the entire recordas submitted; or
(6) Arbitrary, capricious, or an abuse of discretion.
(c) In reviewing a final decision in a contested case in whichan administrative law judge made a decision, in accordance with G.S. 150B‑34(a),and the agency does not adopt the administrative law judge's decision, thecourt shall review the official record, de novo, and shall make findings offact and conclusions of law. In reviewing the case, the court shall not givedeference to any prior decision made in the case and shall not be bound by thefindings of fact or the conclusions of law contained in the agency's finaldecision. The court shall determine whether the petitioner is entitled to therelief sought in the petition, based upon its review of the official record.The court reviewing a final decision under this subsection may adopt theadministrative law judge's decision; may adopt, reverse, or modify the agency'sdecision; may remand the case to the agency for further explanations under G.S.150B‑36(b1), 150B‑36(b2), or 150B‑36(b3), or reverse ormodify the final decision for the agency's failure to provide the explanations;and may take any other action allowed by law.
(d) In reviewing a final agency decision allowing judgment onthe pleadings or summary judgment, or in reviewing an agency decision that doesnot adopt an administrative law judge's decision allowing judgment on thepleadings or summary judgment pursuant to G.S. 150B‑36(d), the court mayenter any order allowed by G.S. 1A‑1, Rule 12(c) or Rule 56. If the orderof the court does not fully adjudicate the case, the court shall remand thecase to the administrative law judge for such further proceedings as are just. (1973, c. 1331, s. 1; 1983, c. 919, s. 4; 1985, c.746, s. 1; 1987, c. 878, s. 19; 2000‑140, s. 94.1; 2000‑190, s.11.)
(a) In reviewing a final decision in a contested case in whichan administrative law judge made a recommended decision and the State PersonnelCommission made an advisory decision in accordance with G.S. 126‑37(b1),the court shall make two initial determinations. First, the court shalldetermine whether the applicable appointing authority heard new evidence afterreceiving the recommended decision. If the court determines that the applicableappointing authority heard new evidence, the court shall reverse the decisionor remand the case to the applicable appointing authority to enter a decisionin accordance with the evidence in the official record. Second, if theapplicable appointing authority did not adopt the recommended decision, thecourt shall determine whether the applicable appointing authority's decisionstates the specific reasons why the applicable appointing authority did notadopt the recommended decision. If the court determines that the applicable appointingauthority did not state specific reasons why it did not adopt a recommendeddecision, the court shall reverse the decision or remand the case to theapplicable appointing authority to enter the specific reasons.
(a1) In reviewing a final decision in a contested case in which anadministrative law judge made a decision, in accordance with G.S. 150B‑34(a),and the agency adopted the administrative law judge's decision, the court shalldetermine whether the agency heard new evidence after receiving the decision.If the court determines that the agency heard new evidence, the court shallreverse the decision or remand the case to the agency to enter a decision inaccordance with the evidence in the official record. The court shall alsodetermine whether the agency specifically rejected findings of fact containedin the administrative law judge's decision in the manner provided by G.S. 150B‑36(b1)and made findings of fact in accordance with G.S. 150B‑36(b2). If thecourt determines that the agency failed to follow the procedure set forth inG.S. 150B‑36, the court may take appropriate action under subsection (b)of this section.
(b) Except as provided in subsection (c) of this section, inreviewing a final decision, the court may affirm the decision of the agency orremand the case to the agency or to the administrative law judge for furtherproceedings. It may also reverse or modify the agency's decision, or adopt theadministrative law judge's decision if the substantial rights of thepetitioners may have been prejudiced because the agency's findings, inferences,conclusions, or decisions are:
(1) In violation of constitutional provisions;
(2) In excess of the statutory authority or jurisdiction of theagency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Unsupported by substantial evidence admissible under G.S.150B‑29(a), 150B‑30, or 150B‑31 in view of the entire recordas submitted; or
(6) Arbitrary, capricious, or an abuse of discretion.
(c) In reviewing a final decision in a contested case in whichan administrative law judge made a decision, in accordance with G.S. 150B‑34(a),and the agency does not adopt the administrative law judge's decision, thecourt shall review the official record, de novo, and shall make findings offact and conclusions of law. In reviewing the case, the court shall not givedeference to any prior decision made in the case and shall not be bound by thefindings of fact or the conclusions of law contained in the agency's finaldecision. The court shall determine whether the petitioner is entitled to therelief sought in the petition, based upon its review of the official record.The court reviewing a final decision under this subsection may adopt theadministrative law judge's decision; may adopt, reverse, or modify the agency'sdecision; may remand the case to the agency for further explanations under G.S.150B‑36(b1), 150B‑36(b2), or 150B‑36(b3), or reverse ormodify the final decision for the agency's failure to provide the explanations;and may take any other action allowed by law.
(d) In reviewing a final agency decision allowing judgment onthe pleadings or summary judgment, or in reviewing an agency decision that doesnot adopt an administrative law judge's decision allowing judgment on thepleadings or summary judgment pursuant to G.S. 150B‑36(d), the court mayenter any order allowed by G.S. 1A‑1, Rule 12(c) or Rule 56. If the orderof the court does not fully adjudicate the case, the court shall remand thecase to the administrative law judge for such further proceedings as are just. (1973, c. 1331, s. 1; 1983, c. 919, s. 4; 1985, c.746, s. 1; 1987, c. 878, s. 19; 2000‑140, s. 94.1; 2000‑190, s.11.)
(a) In reviewing a final decision in a contested case in whichan administrative law judge made a recommended decision and the State PersonnelCommission made an advisory decision in accordance with G.S. 126‑37(b1),the court shall make two initial determinations. First, the court shalldetermine whether the applicable appointing authority heard new evidence afterreceiving the recommended decision. If the court determines that the applicableappointing authority heard new evidence, the court shall reverse the decisionor remand the case to the applicable appointing authority to enter a decisionin accordance with the evidence in the official record. Second, if theapplicable appointing authority did not adopt the recommended decision, thecourt shall determine whether the applicable appointing authority's decisionstates the specific reasons why the applicable appointing authority did notadopt the recommended decision. If the court determines that the applicable appointingauthority did not state specific reasons why it did not adopt a recommendeddecision, the court shall reverse the decision or remand the case to theapplicable appointing authority to enter the specific reasons.
(a1) In reviewing a final decision in a contested case in which anadministrative law judge made a decision, in accordance with G.S. 150B‑34(a),and the agency adopted the administrative law judge's decision, the court shalldetermine whether the agency heard new evidence after receiving the decision.If the court determines that the agency heard new evidence, the court shallreverse the decision or remand the case to the agency to enter a decision inaccordance with the evidence in the official record. The court shall alsodetermine whether the agency specifically rejected findings of fact containedin the administrative law judge's decision in the manner provided by G.S. 150B‑36(b1)and made findings of fact in accordance with G.S. 150B‑36(b2). If thecourt determines that the agency failed to follow the procedure set forth inG.S. 150B‑36, the court may take appropriate action under subsection (b)of this section.
(b) Except as provided in subsection (c) of this section, inreviewing a final decision, the court may affirm the decision of the agency orremand the case to the agency or to the administrative law judge for furtherproceedings. It may also reverse or modify the agency's decision, or adopt theadministrative law judge's decision if the substantial rights of thepetitioners may have been prejudiced because the agency's findings, inferences,conclusions, or decisions are:
(1) In violation of constitutional provisions;
(2) In excess of the statutory authority or jurisdiction of theagency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Unsupported by substantial evidence admissible under G.S.150B‑29(a), 150B‑30, or 150B‑31 in view of the entire recordas submitted; or
(6) Arbitrary, capricious, or an abuse of discretion.
(c) In reviewing a final decision in a contested case in whichan administrative law judge made a decision, in accordance with G.S. 150B‑34(a),and the agency does not adopt the administrative law judge's decision, thecourt shall review the official record, de novo, and shall make findings offact and conclusions of law. In reviewing the case, the court shall not givedeference to any prior decision made in the case and shall not be bound by thefindings of fact or the conclusions of law contained in the agency's finaldecision. The court shall determine whether the petitioner is entitled to therelief sought in the petition, based upon its review of the official record.The court reviewing a final decision under this subsection may adopt theadministrative law judge's decision; may adopt, reverse, or modify the agency'sdecision; may remand the case to the agency for further explanations under G.S.150B‑36(b1), 150B‑36(b2), or 150B‑36(b3), or reverse ormodify the final decision for the agency's failure to provide the explanations;and may take any other action allowed by law.
(d) In reviewing a final agency decision allowing judgment onthe pleadings or summary judgment, or in reviewing an agency decision that doesnot adopt an administrative law judge's decision allowing judgment on thepleadings or summary judgment pursuant to G.S. 150B‑36(d), the court mayenter any order allowed by G.S. 1A‑1, Rule 12(c) or Rule 56. If the orderof the court does not fully adjudicate the case, the court shall remand thecase to the administrative law judge for such further proceedings as are just. (1973, c. 1331, s. 1; 1983, c. 919, s. 4; 1985, c.746, s. 1; 1987, c. 878, s. 19; 2000‑140, s. 94.1; 2000‑190, s.11.)
