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NORTH CAROLINA STATE BD. OF EDUC. v. STATE

No. COA15-1229.

805 S.E.2d 518 (2017)

NORTH CAROLINA STATE BOARD OF EDUCATION, Plaintiff, v. The STATE of North Carolina and The North Carolina Rules Review Commission, Defendants.

Court of Appeals of North Carolina.

Filed: September 19, 2017.

Attorney(s) appearing for the Case

Campbell Shatley, PLLC, Asheville, by Robert F. Orr , and Poyner Spruill LLP, Raleigh, by Andrew H. Erteschik , for Plaintiff-Appellee.

Troutman Sanders LLP, Raleigh, by Christopher G. Browning, Jr. , for Defendant-Appellant North Carolina Rules Review Commission.

Attorney General Joshua H. Stein , by Special Deputy Attorney General Amar Majmundar , and Special Deputy Attorney General Olga Vysotskaya de Brito , for Defendant-Appellant The State of North Carolina.

This appeal presents a question of first impression: Does the North Carolina Rules Review Commission, an agency created by the General Assembly, have the authority to review and approve rules made by the North Carolina State Board of Education, whose authority is derived from the North Carolina Constitution? For the reasons explained...

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