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North Buncombe Ass'n of Concerned Citizens, Inc. v. North Carolina Department of Environment, Health, & Natural Resources

Citations: 338 N.C. 302; 449 S.E.2d 451; 1994 N.C. LEXIS 654Docket: No. 506PA93

Court: Supreme Court of North Carolina; November 3, 1994; North Carolina; State Supreme Court

Narrative Opinion Summary

The case involves petitioners seeking a contested case hearing related to the issuance of a mining permit, initially dismissed by the Court of Appeals due to a perceived lack of jurisdiction under the Administrative Procedure Act (APA). The Court of Appeals had relied on the precedent from Batten v. N. C. Dept. of Corrections, which restricted contested case hearings to instances explicitly allowed by the relevant statute, here the Mining Act of 1971. However, the Supreme Court, referencing Empire Power Co. v. N.C. DEHNR, clarified that the APA permits contested case hearings for all aggrieved parties unless explicitly excluded by the APA or the enabling statute. No such exclusion was present, leading the Supreme Court to conclude that the Court of Appeals erred in its jurisdictional determination. Consequently, the Supreme Court reversed the decision and remanded the case back to the superior court to ascertain the timeliness of the petition filing. This ruling emphasizes the broader applicability of the APA in granting contested case hearings, thereby shaping the procedural rights of parties under administrative law.

Legal Issues Addressed

Jurisdiction of Office of Administrative Hearings

Application: The Supreme Court held that the OAH has jurisdiction to hear the petitioners' claim as there was no statutory exclusion for a contested case hearing.

Reasoning: Since no exclusion exists in this instance, the Court determined it was an error for the Court of Appeals to conclude that the OAH lacked jurisdiction to hear the petitioners' claim.

Precedent and Statutory Interpretation

Application: The Supreme Court's interpretation of the APA overruled the Court of Appeals' reliance on the precedent set in Batten v. N. C. Dept. of Corrections.

Reasoning: The Court of Appeals dismissed the case, determining that the Administrative Procedure Act (APA) did not grant the right to such a hearing since the Mining Act of 1971 did not provide for it. This decision relied on the precedent set in Batten v. N. C. Dept. of Corrections.

Remand for Determination of Timeliness

Application: The Supreme Court remanded the case to the superior court to determine whether the petition was filed in a timely manner.

Reasoning: The Supreme Court reversed the Court of Appeals' ruling and remanded the case to the superior court to determine whether the petition was filed in a timely manner.

Right to Contested Case Hearing under Administrative Procedure Act

Application: The Supreme Court determined that all aggrieved parties are entitled to a contested case hearing under the APA unless explicitly excluded by the APA or the enabling statute.

Reasoning: The Supreme Court clarified in Empire Power Co. v. N.C. DEHNR that the APA allows for contested case hearings for all aggrieved parties unless explicitly excluded by the APA or the enabling statute.