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YATES CONST. CO. v. COMMISSIONER OF LABOR

No. COA96-454.

484 S.E.2d 430 (1997)

YATES CONSTRUCTION COMPANY, INC., Petitioner, v. COMMISSIONER OF LABOR FOR THE STATE OF NORTH CAROLINA, Respondent

Court of Appeals of North Carolina.

May 6, 1997.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General H. Alan Pell, for the State.

Kenneth R. Keller, Greensboro, for petitioner appellant.

ARNOLD, Chief Judge.

Judicial review of OSHA Review Board decisions is governed by the provisions of the Administrative Procedure Act (Article 4 of Chapter 150B). N.C.Gen.Stat. § 95-141 (1993). The Administrative Procedure Act provides that the

court reviewing a final decision may affirm the decision of the agency or remand the case for further proceedings. It may also reverse or modify the agency's decision if the substantial rights of the petitioners...

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