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Administrative Law

Poyner Spruill LLP has a multi-faceted administrative law practice, representing a variety of professions, industries, and trade organizations on a wide range of issues. The Administrative Law Practice Group is composed of attorneys with extensive experience in every aspect of administrative law and with in-depth knowledge of current developments and issues in this area.
The Group offers clients expertise in administrative rule-making, administrative dispute resolution, litigation and appeals, mediation of administrative contested cases and occupational licensing board matters. Our attorneys have in-depth knowledge of and experience with North Carolina administrative agencies, their administrators and legal counsel. This experience stems from both prior professional involvement working within these State agencies and many years of practice representing clients in matters adverse to these agencies.

Administrative Rule-Making

The Group represents and counsels clients in a full range of services relating to administrative rule-making, including:  

  • Drafting proposed State administrative rules
  • Representing business and trade groups in opposition to or support of proposed State administrative rules
  • Advocating before the North Carolina Rules Review Commission regarding proposed rules
  • Consulting with Poyner & Spruill's Governmental Relations practice group to orchestrate strategies pertaining to proposed rules

Recent illustrative experience includes:

  • Successful representation of North Carolina Citizens for Business and Industry in defeating State ergonomics rules
  • Successful representation of large managed care pharmaceutical company in opposition to rules regulating mail-order prescriptions
  • Successful representation of domestic violence treatment business to defeat proposed rules restricting treatment methods used by domestic violence treatment agencies eligible to participate in North Carolina's court-referral program for domestic violence offenders.

Administrative Dispute Resolution, Litigation and Appeals

The Group offers clients a unique depth of experience in administrative and regulatory litigation matters in many substantive areas of law, including environmental, health care, labor, and personnel.

They represent clients in: contested cases before the North Carolina Office of Administrative Hearings, matters before the North Carolina occupational licensing boards, matters before the utilities commission, OSHA hearings, arbitration, and judicial and appellate review of administrative agency decisions. One member of the group, John Shaw, is approved by the American Arbitration Association ("AAA") as an arbitrator and mediator.

Recent illustrative experience includes:
  • Representation of North Carolina government agency in obtaining court-approved exemption from state administrative rule-making provisions
  • Representation of a county in defense of decision to terminate high-ranking employee
  • Representation of a major North Carolina land owner in water quality disputes
  • Representation of a manufacturer in hazardous waste regulatory litigation
  • Representation of a major North Carolina industry in air quality permitting issues
  • Representation of nursing home and dialysis providers in certificate of need appeals up to North Carolina Court of Appeals and Supreme Court
  • Arbitration of numerous construction cases

Mediation of Administrative Contested Cases

Due to their in-depth knowledge of and experience with North Carolina's government agencies, members of the Group that are certified mediators are routinely selected by regulated entities and state agencies to mediate administrative contested cases. The Group's Certified Mediators are:

Glenn Dunn
T. Richard Kane
Steven M. Shaber
John L. Shaw
William R. Shenton
Timothy Sullivan

Recent illustrative experience includes:
  • Mediation of condemnation cases involving the State Department of Transportation
  • Mediation of several contested cases regarding hog lagoon penalties associated with Hurricane Floyd
  • Mediation of billboard removal "takings" disputes
  • Mediation of air permitting dispute involving private industry, State regulatory agency, and environmental advocacy groups
  • Mediation of a variety of construction cases, including numerous EIFs cases

Occupational Licensing Board Matters

The Group counsels and represents individual professionals, corporate health care providers, and other businesses in all aspects of credentialing and licensing by state boards. Recent experience includes representation of individual professionals in settlement conferences and formal hearings before:
  • Board of Medical Examiners
  • Board of Nursing
  • Licensing Board of Practicing Psychologists
  • Board of Optometry
  • Alarm Systems Licensing Board
  • Licensing Board for General Contractors
  • Board of Certified Public Accountant Examiners
  • Board of Dental Examiners
  • Board of Pharmacy
  • Board of Architecture
  • Board of Professional Engineers and Land Surveyors 
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