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ROYAL v. DEPT. OF CRIME CONTROL

No. COA05-334.

622 S.E.2d 723 (2005)

Edward K. ROYAL, Petitioner, v. DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, Respondent.

Court of Appeals of North Carolina.

December 20, 2005.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Stacey T. Carter, Assistant Attorney General, Christopher Browning, Solicitor General and Hal Haskins, Special Deputy Attorney General, for the State.

The Edmisten & Webb Law Firm, by William Woodward Webb, Raleigh, for petitioner-appellee.

WYNN, Judge.

Under North Carolina General Statute section 150B-51(c), where an "agency does not adopt the administrative law judge's decision, the court shall review the official record, de novo, and shall make findings of fact and conclusions of law." N.C. Gen.Stat. § 150B-51(c) (2004). Here, the trial court erroneously applied the "whole record test" and made no findings of fact or conclusions of law in a contested...

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