Administrative and Regulatory Law

At Ward and Smith, our Administrative and Regulatory Law Practice offers comprehensive guidance and representation to clients navigating the complex landscape of government regulations and administrative procedures in North Carolina and beyond.

Our seasoned administrative law attorneys bring a wealth of experience in North Carolina administrative law, combining deep regulatory knowledge with strategic advocacy to protect and advance our clients' interests. We pride ourselves on our ability to navigate intricate regulatory frameworks while providing practical, solution-oriented counsel.

Services We Offer

We represent clients across a broad spectrum of North Carolina administrative law and state and federal regulatory matters, including:

  • Regulatory compliance and risk management
  • Professional and occupational licensing issues
  • Rule-making proceedings and challenges before the North Carolina Rules Review Commission
  • Response to federal and state government investigations and enforcement actions
  • Administrative hearings before occupational licensing boards, state, and federal agencies
  • Appeals from adverse rulings by occupational licensing boards, state, and federal agencies
  • Litigation against agencies under the North Carolina Administrative Procedure Act NCAPA) and the federal Administrative Procedures Acts (APA)
  • Licensing and permitting issues in real estate, construction, and professional licensing contexts
  • Election law, voting rights, and election finance regulation and challenges
  • False Claims Act investigations and litigation

Industries We Serve

Our practice spans various regulated industries, including but not limited to:

In addition, due to our depth in these fields, we focus specifically on defense, environmental, energy, utilities, professional licensing, construction, and real estate issues in the regulatory and administrative context.

For the Defense industry, we provide experienced counsel to defense contractors and subcontractors, offering guidance on:

  • Compliance with Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS)
  • Government contract disputes and bid protests
  • Export control regulations (ITAR, EAR)
  • Cybersecurity compliance (CMMC, NIST SP 800-171)

Our team's deep understanding of the defense industry's unique regulatory landscape allows us to provide tailored solutions that protect our client's interests while ensuring compliance with complex federal regulations.

Our administrative and regulatory practice in Energy and Utilities is robust. We regularly represent the interests of large energy users, electric cooperatives, manufacturers, businesses, customer groups, homebuilders, economic developers, and other entities in regulatory proceedings before the North Carolina Utilities Commission.

Additionally, Ward and Smith's robust Construction and Real Estate teams offer comprehensive administrative and regulatory counsel to developers, contractors, and real estate professionals, including:

  • Environmental impact assessments and permitting
  • Construction licensing and compliance
  • Historic preservation regulations
  • Building code compliance and appeals
  • Affordable housing requirements and incentives
  • Licensing Board representation for professionals in the Real Estate and Construction industries

We work closely with state agencies to help our clients navigate the regulatory landscape and achieve their development goals efficiently and effectively.

Ward and Smith's Environmental Law practice provides robust representation in administrative and regulatory matters, including:

  • Compliance with federal and state environmental regulations (Clean Air Act, Clean Water Act, RCRA, CAMA, North Carolina Mining Act, etc.)
  • Environmental permitting and licensing
  • Brownfield redevelopment
  • Hazardous waste management and remediation
  • Environmental impact assessments and challenges
  • Regulatory enforcement defense

We leverage our deep understanding of environmental regulations and agency procedures to help clients achieve compliance, defend against enforcement actions, and pursue sustainable development opportunities.

Our Professional Licensing Group has vast experience representing professionals before their licensing board, particularly those related to healthcare.  The guidance our team offers includes:

  • matters of initial licensure, renewal, reactivation, or reinstatement of a license
  • licensure mobility issues
  • allegations or complaints of practice violations
  • issues with the National Practitioner Data Bank as a result of a malpractice matter, credentialing issue or licensing board action

Our team also often assists clients with credentialing and privileging issues with employers such as hospital systems, the Defense Health Agency, the U.S. Department of Veterans Affairs, and the Centers for Medicare and Medicaid Services. Additionally, we guide clients through issues with their national certification bodies.

Key Regulatory Bodies and Agencies

Our firm has extensive experience working with a wide range of federal and state regulatory bodies and agencies, including:

Federal Agencies

North Carolina State Agencies

North Carolina Rules Review Commission

We also offer counsel in matters related to the North Carolina Rules Review Commission, which is crucial to the state's administrative rulemaking process. Our services in this area include:

  • Assisting clients in drafting and submitting comments on proposed rules
  • Representing clients before the Rules Review Commission in rule objection proceedings
  • Advising state agencies on rule drafting to ensure compliance with statutory authority and NCAPA requirements
  • Challenging or defending agency rules through declaratory judgment actions
  • Monitoring proposed rules and regulatory changes that may affect our clients' interests

Our in-depth knowledge of the North Carolina Administrative Procedure Act and the Rules Review Commission's standards enables us to guide clients through the complex rulemaking process, whether they are seeking to influence new regulations or ensure compliance with existing ones.

North Carolina Office of Administrative Hearings

Ward and Smith also has extensive experience representing clients before the North Carolina Office of Administrative Hearings (OAH), a key venue for resolving disputes between citizens and state agencies. Our practice in this area includes:

  • Representing clients in contested case hearings before Administrative Law Judges appealing or contesting agency decisions (ALJs)
  • Navigating the complex procedural rules of the OAH
  • Assisting with mediation and settlement negotiations
  • Appealing OAH decisions to the appropriate courts
  • Advising on compliance with OAH orders and decisions
  • Appeals of Final Decisions from OAH to Superior Court and beyond

Our attorneys deeply understand the OAH's procedures and precedents, allowing us to effectively advocate for our client's interests in a wide range of administrative disputes, including licensing issues, regulatory enforcement actions, and challenges to agency decisions.

Administrative and Regulatory Representative Experience

Our attorneys have assisted clients with matters such as:

  • Successfully challenged manner of death determinations by the North Carolina Office of Chief Medical Examiner.
  • Assisted developers and commercial and residential community associations with municipal stormwater requirements.
  • Represented two manufacturers before the OAH, the North Carolina Business Court, and ultimately, the North Carolina Supreme Court in a Department of Revenue determination matter.
  • Challenged permit denials for a marina related to development activities restricted by CAMA and water quality regulations.
  • Represented a financial institution through a dispute with the Department of Revenue over tax liability before OAH, the North Carolina Business Court, and the North Carolina Supreme Court
  • Successfully defended a permit issuance in the context of a mining operation abutting a public space.
  • Represented a marina with issues related to UST permitting and fines reduced through administrative litigation.
  • Successfully challenged the inaccurate placement of a client on a state registry.
  • Representing a group of ratepayer organizations on an appeal to the NC Supreme Court arising out of the NC Utilities Commission in a novel issue in a case of first impression.
  • Represented a food manufacturer on renewal of wastewater permit and variance.
  • Defended Stormwater and CAMA permits for residential development in the Outer Banks against third-party challenges.
  • Advised municipal, developer, commercial, and community association clients with compliance with North Carolina's State Stormwater Permits and regulations.

Ward and Smith's Approach

Proactive Guidance

We work closely with clients to develop compliance strategies that minimize regulatory risks and maximize operational efficiency. Our team stays abreast of evolving regulations to help clients anticipate and adapt to changes in the regulatory landscape.

Strategic Advocacy

When disputes arise, we leverage our deep understanding of administrative procedures and relationships with regulatory bodies to advocate effectively for our client's interests. We have a proven track record of success in administrative hearings, appeals, and judicial review proceedings.

Comprehensive Representation

From routine compliance matters to complex regulatory challenges, we offer end-to-end support tailored to each client's unique needs and objectives.

Why Choose Us

  • Experienced Team: Our attorneys include former government officials and recognized experts in administrative law, providing invaluable insights into agency operations and decision-making processes.
  • Statewide Reach: With extensive experience before North Carolina's administrative bodies, including the Office of Administrative Hearings and various state agencies, we offer unparalleled local knowledge and connections.
  • Interdisciplinary Approach: We collaborate across practice areas to address the multifaceted challenges our clients face, ensuring comprehensive and innovative solutions.

We are your established legal network with offices in Asheville, Greenville, New Bern, Raleigh, and Wilmington, NC.

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Administrative and Regulatory Law Team

Christina D. Cress

Alexander C. Dale

Chris S. Edwards

A. Charles Ellis

Amy G. Fitzhugh

James W. Norment

Allen N. Trask, III

Amy P. Wang

Hayley R. Wells

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