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NC OAH »   Hearings Division »   Hearing Process »   Appeal of a Decision

Appeal of a Decision

A party may appeal a Final Decision by following the appeal procedures found in the last paragraph of the Final Decision before the Administrative Law Judge's signature, usually under the heading NOTICE.  Not all cases follow the same appeal procedure, so it is important to refer to the Final Decision for the appeal information for that specific case.  Your right to judicial review is set out in North Carolina General Statute 150B, Article 4.

If the Administrative Law Judge issues a Proposal for Decision in your case, the case then goes to the agency or a commission for review. The parties will have an opportunity to file exceptions to the Administrative Law Judge’s Proposal for Decision with the agency or commission. This procedure will be set out at the end of the Decision in the last paragraph before the Judge’s signature. The agency or commission must follow certain procedures when reviewing the Judge's Decision. Once the agency has issued its Final Decision, you may ask for judicial review in Superior Court.  Your right to judicial review is set out in North Carolina General Statute 150B, Article 4.

Hearing Process

  • Filing a Contested Case
  • Before the Hearing
  • The Hearing
  • After the Hearing
  • Appeal of a Decision

This guide is issued for informational purposes only. Nothing contained in it may bind the Office of Administrative Hearings or one of its Administrative Law Judges to any practice or procedure described in it. This site is designed to generally explain some of the procedures of the Office of Administrative Hearings in order to help you prepare for your administrative hearing. This site is not a substitute for having an attorney. It is a guide to the most common kinds of cases that come before the Office of Administrative Hearings. However, not all cases are the same. Therefore, it is very important for you to carefully read the documents sent to you by the Office of Administrative Hearings. Those documents set forth the issues, deadlines, and other matters involved in your case.

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NC Office of Administrative Hearings

1711 New Hope Church Road (mailing address and physical address)
Raleigh NC, 27609
 
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https://www.oah.nc.gov/hearings-division/hearing-process/appeal-decision