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Appeal of a Medicaid Recipient Appeal Decision

Under the provisions of North Carolina General Statute § 150B-45, any party wishing to appeal the Final Decision of the Administrative Law Judge must file a Petition for Judicial Review in the Superior Court of the county where the person aggrieved by the administrative decision resides or, in the case of a person residing outside the State, the county where the contested case which resulted in the Final Decision was filed. The appealing party must file the Petition for Judicial Review within 30 days after being served with a written copy of the Administrative Law Judge’s Final Decision, as indicated by the date on the Certificate of Service attached to the Final Decision.  N.C. Gen. Stat. § 150B-46 describes the contents of the Petition for Judicial Review and requires service of the Petition for Judicial Review on all parties. Under N.C. Gen. Stat. § 150B-47, the Office of Administrative Hearings is required to file the official record in the contested case with the Clerk of Superior Court within 30 days of receipt of the Petition for Judicial Review. Consequently, a copy of the Petition for Judicial Review must be sent to the Office of Administrative Hearings at the time the appeal is initiated in order to ensure the timely filing of the record.