Cox v. Miller
Cox v. Miller
Opinion of the Court
On appeal, respondent contends that judicial review of the action of the Medical Review Board in this case is provided only in Article 33 of Chapter 143 of the General Statutes since G.S. 20-9 (g) (4) (f) provides that “ [a] ctions of the reviewing board are subject to judicial review as provided under Article 33 of Chapter 143 of the General Statutes.” Petitioner, on the other hand, argues that G.S. 20-9 (g) (4) (f) merely provides additional judicial review to that already provided in G.S. 20-25, wherein a person who has been denied a license or had their license suspended by “the Department” under its discretionary authority may petition for a hearing in the superior court of the. county in which he resides.
Petitioner, however, overlooks one crucial point in his argument in that G.S. 20-25 provides for judicial review in a
Since the licensee sought administrative review by the Medical Review Board, he placed himself under the integrated jurisdictional provision of G.S. 20-9 (g) (4) (f) which relegates him to the review provisions of Chapter 143, to wit, G.S. 143-309, which provides, “In order to obtain judicial review of an administrative decision under this Chapter the person seeking review must file a petition in the Superior Court of Wake County; ...” (Emphasis added). It is noted that G.S. 143-309 has been repealed effective July 1, 1975 and now appears substantially as G.S. 150A-45.
The only proper jurisdiction therefore was in the Superior Court of Wake County and respondent’s motion to dismiss should have been allowed.
For the foregoing reasons, the judgment below is
Vacated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.