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LOWE v. N.C. DEPT. OF HUMAN RESOURCES

No. 8423SC128.

323 S.E.2d 454 (1984)

Hallie B. LOWE v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, Sarah T. Morrow, in her official capacity as Secretary of the North Carolina Department of Human Resources; John M. Syria, in his official capacity as Director of the North Carolina Department of Human Resources, Division of Social Services.

Court of Appeals of North Carolina.

December 18, 1984.

Attorney(s) appearing for the Case

Legal Services of the Blue Ridge by Charles McBrayer Sasser and Louise Ashmore, Boone, for plaintiff, appellant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Henry T. Rosser, Raleigh, for defendants, appellees.

HEDRICK, Judge.

The appropriate standard of review in this action is set out in N.C.Gen.Stat. Sec. 150A-51, which provides:

The court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the agency findings, inferences, conclusions, or decisions are:

(1) In violation of constitutional provisions; or

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