ALEXANDER v. WILKERSON

No. 8919SC1030.

392 S.E.2d 765 (1990)

99 N.C. App. 340

Charles W. ALEXANDER, Jr., Petitioner, v. I.O. WILKERSON, Jr., Director of North Carolina Department of Human Resources, Division of Facility Services, Respondent.

Court of Appeals of North Carolina.

July 3, 1990.


Attorney(s) appearing for the Case

James D. Foster, Concord, for petitioner appellant.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. James A. Wellons, Raleigh, for respondent appellee N.C. Dept. of Human Resources.


ARNOLD, Judge.

Petitioner challenges the Department's final decision on two grounds: (1) that the A.L.J. abused his discretion when he denied petitioner's motion to continue and (2) that he abused his discretion by terminating the hearing and rendering a recommended decision without hearing the remainder of petitioner's evidence. Presumably, petitioner believes his additional evidence would shift the weight of the evidence to his favor.

The powers of an A...

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