KRISHNAN v. NORTH CAROLINA DHHS

No. COA20-107.

851 S.E.2d 431 (2020)

Kavitha N. KRISHNAN OTD, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

Court of Appeals of North Carolina.

Filed: November 3, 2020.


Attorney(s) appearing for the Case

Dysart Willis Houchin & Hubbard, Raleigh, by Meredith Woods Hubbard , for petitioner-appellant.

Attorney General Joshua H. Stein , by Assistant Attorney General William Walton , for respondent-appellee.


In this state employee grievance proceeding, the administrative law judge, on the judge's own initiative without notice to the parties, dismissed the case on the ground that it was not timely initiated. The ALJ reasoned that, under the general timing rules for contested cases in N.C. Gen. Stat. § 150B-23(f), the time to commence...

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