What are the rules governing judicial review of administrative actions?

In North Carolina, judicial review of administrative actions is governed by the Administrative Procedure Act (APA). This act establishes the procedures by which citizens, including businesses, can challenge the decisions of public agencies in the state. The rules governing judicial review of administrative actions under the APA requires that litigants demonstrate that the decision of the agency is “unlawful, unreasonable, or arbitrary.” A finding of any of these three criteria is necessary to prove the agency’s decision was wrong and should be reviewed and possibly overturned by the court. The APA also limits how much time a person has to challenge an administrative decision. All appeals must be filed within the timeframes set out in the statute, which is usually 30 days. This rule is enforced by the court and failure to meet the deadline can result in the appeal being dismissed without further consideration. Additionally, the APA also outlines the review standards that the court should use when deciding an administrative case. These standards can range from a “de novo” review, in which the court will consider the evidence anew and make its own decision, to an “abuse of discretion” review, in which the court will consider whether the agency abused its discretion in making its decision. Finally, the APA also outlines the available remedies for appealing an administrative decision. The court can either reverse the decision, remand it to the agency for further consideration, or render the decision moot, meaning that the court can simply disregard the action. In sum, the APA sets out the rules that govern judicial review of administrative actions in North Carolina. It requires that litigants demonstrate that an administrative decision was unlawful, unreasonable, or arbitrary, and that appeals must be filed within the prescribed timeframes. It also outlines the various review standards available to the court, as well as the potential remedies.

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What are the rules governing judicial review of administrative actions?

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