The published panel affirmed. Medicaid participation and audit rules did not make the asserted notice defects jurisdictional, and the Department’s notices identified data analysis as the ground for prepayment review while explaining the compliance standards applied. Federal rules did not require disclosure of audit details that could compromise program-integrity work.
The Court of Appeals affirmed in part, reversed in part, and remanded. It held that specifically challenged provisions using open-ended terms such as significant impacts did not provide adequate objective guidance and were unclear. The Rules Review Commission abandoned objections it failed to develop on appeal, but the trial court also erred by treating fourteen objections as beyond the Commission’s scope without determining which provisions met
The North Carolina Court of Appeals held that the OAH lacks subject-matter jurisdiction over a TSERS member’s claim that the 2021 repeal of N.C.G.S. § 135-4(k)—which capped service-credit repurchases at five years—unconstitutionally impaired his vested contractual pension rights, because constitutionality questions are reserved for the judicial branch and fall outside the OAH’s statutory grant of authority.
The North Carolina Court of Appeals reversed the superior court and reinstated Henderson County’s grant of a special use permit for a residential addiction-recovery facility, holding that the Board of Adjustment properly classified the facility as an Assisted Living Residence because the county code’s use table enumerated ALR but not Mental Health Facility, and clarifying that a quasi-judicial body’s evidentiary rulings are reviewed for due process violation (on exclusion) or competent-evidence support (on admission)—not as errors of law under the Rules of Evidence.