North Carolina Department of Environment and Natural Resources, Division of Parks and Recreation, Petitioner v. L…

Summary

The Supreme Court of North Carolina reversed the Court of Appeals and reinstated the State Personnel Commission's order restoring a demoted park ranger to his former position with back pay. The court held that de novo review of questions of law in an Administrative Procedure Act contested case does not permit the trial court to make independent findings of fact; agency findings supported by substantial competent evidence in view of the whole record bind the reviewing court, and the Court of Appeals' line of cases requiring independent fact-finding during de novo review was overruled. Applying the correct standards, the court held DENR lacked just cause for the demotion because the brief speeding violation, the alleged willful work-rule violation, and the alleged conduct unbecoming did not justify discipline under all the facts and circumstances, including the ranger's reasonable belief that his mother faced a medical emergency. The case was remanded for the Superior Court to affirm the SPC's final agency decision.