Templates Administrative Law State Administrative Appeal - North Carolina
North Carolina Administrative Law
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PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION

SUPERIOR COURT OF NORTH CAROLINA, [COUNTY] COUNTY

Case No.: _________________

[PETITIONER],
Petitioner,

v.

[RESPONDENT STATE AGENCY],
Respondent.

1. INTRODUCTION

This Petition seeks judicial review of Respondent's final decision dated [DATE] imposing [DESCRIBE PENALTY/ORDER] against Petitioner, pursuant to the North Carolina Administrative Procedure Act (N.C.G.S. 150B-43 et seq.).

2. JURISDICTION AND VENUE

  • Jurisdiction under the North Carolina Administrative Procedure Act (N.C.G.S. 150B-43 et seq.).
  • Venue is proper in this Court pursuant to N.C.G.S. 150B-44.
  • This Petition is timely filed within 30 days of service of the final agency decision per N.C.G.S. 150B-45.

3. PARTIES

  • Petitioner [NAME] is a [ENTITY TYPE] with its principal place of business at [ADDRESS].
  • Respondent [AGENCY] is a state administrative agency.

4. EXHAUSTION OF ADMINISTRATIVE REMEDIES

  • Petitioner participated fully in the underlying agency proceeding.
  • All administrative remedies are exhausted.

5. STATEMENT OF FACTS

[Provide chronological narrative of proceedings.]

6. GROUNDS FOR RELIEF (N.C.G.S. 150B-51)

  • The Decision is not supported by substantial evidence in view of the entire record.
  • The Agency acted beyond its statutory authority.
  • The Agency committed errors of law.
  • The Decision is arbitrary, capricious, or an abuse of discretion.
  • The Agency violated constitutional or statutory provisions.
  • The Agency acted erroneously or failed to use proper procedure.

7. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays:
A. For an order vacating the Decision;
B. For declaratory judgment that the Decision is void;
C. For injunctive relief and stay of enforcement pending review;
D. For costs and reasonable attorney's fees as permitted by law;
E. For such other relief as the Court deems just.

8. VERIFICATION

I declare under penalty of perjury that the foregoing is true and correct.

Executed on [DATE], at [CITY, STATE].

___________________________________
[NAME]

9. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
Attorneys for Petitioner

By: ___________________________________
[ATTORNEY NAME]
Bar No. [####]
[ADDRESS]
[PHONE] | [EMAIL]

Dated: ____________________

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