Explore Our Capabilities

Administrative Law

Overview

Parker Poe attorneys have extensive experience in the area of administrative law. We routinely appear on behalf of our clients before numerous administrative agencies and licensing boards in North Carolina and South Carolina. Many of our attorneys have served in elected and appointed positions in state and local government, in the legislature, in the executive branch, on school boards and in county and city government. The rich diversity of experience among Parker Poe attorneys in this area makes us well qualified to represent our clients in all types of administrative matters and proceedings.

Experience Highlights

Administrative Appeals – We regularly represent clients before the South Carolina Administrative Law Court, North Carolina Office of Administrative Hearings and before various state agencies and licensing boards. Those agencies and boards have recently included the North Carolina Department of Health and Human Services, the North Carolina Department of Insurance, the State Board of Education, the North Carolina Commissioner of Banks, the North Carolina Property Tax Commission and the North Carolina Medical Board. We also handle judicial review proceedings of administrative decisions in both the trial and appellate courts.

Rule-Making Proceedings – On behalf of our clients, we have worked with agencies in adopting new rules and amending existing ones. We have filed declaratory ruling requests with state agencies and have handled judicial review matters involving such requests. We have appeared before the South Carolina Administrative Law Court, the North Carolina Rules Review Commission and the APA Oversight Committee of the North Carolina General Assembly to address rule-making matters.

Counseling – We regularly advise our clients concerning regulatory matters and often play a key role in interacting with state and federal agencies on their behalf.

Representative Experience

  • Providing regulatory advice and counsel to a North Carolina state association of health care providers with more than 600 members
  • Representing the winning bidder in North Carolina's largest information technology procurement in an administrative appeal initiated by the unsuccessful bidder
  • Providing regulatory advice to insurance companies and assisting in rate filings before the North Carolina Department of Insurance
  • Obtaining a superior court order reversing the denial of a declaratory ruling request by a state agency, allowing our client to proceed with the development of certain services without first obtaining a Certificate of Need
  • Representing insurance companies in administrative proceedings brought by the North Carolina Department of Insurance, and in that representation obtaining a temporary restraining order and preliminary and permanent injunctions against the Department of Insurance and securing dismissal of the proceedings on appeal
  • Obtaining a preliminary injunction and decision on summary judgment halting certain Medicaid program changes that would have seriously affected industry providers
  • Representing citizens of nine school systems in an administrative proceeding against the State Board of Education, and in that representation, obtaining a resolution that favorably impacted tens of thousands of North Carolina citizens
  • Representing providers in recoupment actions filed by the North Carolina Division of Medical Assistance from the initial reconsideration hearing through petitioning the Office of Administrative Hearings
  • Counseling public transit clients on all aspects of state and federal procurement requirements for equipment and services, including preparing requests for proposals, litigating bid disputes and interpreting licensing standards
  • Representing defense contractor faced with allegations of procurement fraud in federal government contracting and resulting in no charges or claims filed
  • Representing construction company in investigation and qui tam lawsuit based upon allegations of procurement fraud
  • Successfully defended a $50 million state contract for a healthcare-related contractor at the Office of Administrative Hearings and on appeal in Wake County Superior Court

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Professionals

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