Cowan v. N.C. Private Protective Services Board

391 S.E.2d 217, 98 N.C. App. 498, 1990 N.C. App. LEXIS 429
CourtCourt of Appeals of North Carolina
DecidedMay 15, 1990
DocketNo. 8926SC443
StatusPublished
Cited by1 cases

This text of 391 S.E.2d 217 (Cowan v. N.C. Private Protective Services Board) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cowan v. N.C. Private Protective Services Board, 391 S.E.2d 217, 98 N.C. App. 498, 1990 N.C. App. LEXIS 429 (N.C. Ct. App. 1990).

Opinion

GREENE, Judge.

Respondent North Carolina Private Protective Services Board (“Board”) appeals the superior court’s order and judgment reversing its decision denying petitioner a license as a private investigator.

[499]*499Petitioner Cowan (“Cowan”) applied to the Board for a private investigator’s license, pursuant to N.C.G.S. § 74C-2 (1981) (amended 1989). The Board denied Cowan’s application, citing his “failure to meet the experience requirements as outlined in [N.C.G.S. §] 74C-8(d)(3) [repealed in 1989].” The Board made these findings:

Findings of Fact
1. Petitioner’s [Cowan’s] education is as follows:
A. Graduation from the University of Florida in 1968 with a degree in journalism.
B. One year at the University of Michigan School of Law.
C. Seminar on Investigative Reporting, American Press Institute, Reston, Virginia.
D. Political Procedures Course, St. Petersburg Community College.
E. Course of study and Florida Certification in law enforcement, Pinallis County, Florida.
F. Course of Study and North Carolina Certification in law enforcement, Charlotte Police Academy.
G. 1977 — Professional Journalism Fellowship from the National Endowment for the Humanities, University of Michigan.
2. Petitioner’s experience is as follows:
A. Three years with the Orlando Sentinel.
B. Three years with the St. Petersburg Times.
C. Nine and one-half years as an Investigative Reporter with the Charlotte Observer.
D. Three years as an Investigative Reporter with the Stars and Stripes, Wiesbadden, West Germany.
E. Fourteen months as an Investigative Reporter with the Business Journal of Charlotte.
F. 1988 —Three months as investigator for duly-licensed North Carolina attorney.
[500]*500G. Witness in cruelty to animals trial generated by Petitioner’s article on the training of greyhound racing dogs.
H. 1973 — Article on cruelty to animals submitted for Pulitzer Prize and received honorable mention.
I. 1973 — Florida Society of Managing Editors voted Petitioner Best Investigative Reporter of the Year.
J. 1986 — American Board of Realtors voted article on fraudulent land sales as Best Consumer Article of the Year.
K. Excellence in Journalism Award, Atlanta Chapter of the Society of Professional Journalists, Sigma Delta Chi, for Investigative Reporting.
3. Petitioner’s assignments included the following:
A. 1973 —Use of live rabbits in the training of greyhound racing dogs. National Humane Society began a national campaign against the practice and the State of Florida rewrote its cruelty to animals law. Gordon Oldom, then the District Attorney of Marion County, Florida, prosecuted the man accused of this practice and called the Petitioner to testify at the trial. The man was convicted and received a prison term.
B. 1979 — Petitioner was voted by the editors of the Charlotte Observer to be the only reporter on that staff to cover the financial abuses in the PTL Ministry. From 1979-1983, this was Petitioner’s sole duty assignment. Lawrence Bernstein, who was a Federal Communication (FCC) lawyer in 1979, stated, “It was through his (Petitioner’s) diligence and investigative skill that serious allegations of misconduct involving the PTL Television Network were first uncovered. The FCC took these reports of Mr. Cowan very seriously. They were in fact a direct cause of the FCC ordering its own investigation of PTL.”
C. Lincoln County. Improprieties in the Magistrate’s and District Attorney’s offices. Petitioner reported that DUI cases were being improperly dismissed. Chief Judge John Friday ordered 249 DUI cases to be reopened. The N.C. Department of Justice sent a special prosecutor to Lincoln County to prosecute the Magistrate.
[501]*501D. 1983 — Fraudulent land sales to American servicemen. Article reprinted and distributed to all incoming servicemen.
E. 1978 — Abuses by a Charlotte businessman.
F. 1986 — Fraudulent mail order sales of synthetic diamonds.
G. Mail order sale of overvalued coins.
H. Crash of Eastern Airline plane at Douglas Municipal Airport in Charlotte.
4. Don Hardister was the PTL Chief of Security at Heritage USA for 12 years. He testified that during his tenure with PTL, he was aware of Petitioner’s articles concerning PTL and launched an internal investigation to determine how the Petitioner was obtaining his information.
5. Peter S. Gilchrist, the District Attorney for the 26th Judicial District, testified that he knew Petitioner through a Mecklen-burg County Study Commission and through Petitioner’s efforts at having a potentially incorrect conviction investigated. Based on Petitioner’s information, the District Attorney’s Office reopened their investigation.
6. Ron Guerrette, a licensed private investigator, testified that Guerrette was employed by Attorney Eddie Knox[,] who represented the PTL ministry. As a result of the Petitioner’s articles, Guerrette was directed to determine where the Petitioner obtained his information.
7. The Charlotte Observer recently won a Pulitzer prize for its coverage of the PTL Ministry financial abuses.
8. The following hours of reporting have been documented:
A. Stars and Stripes, 3V2 years, 1,750 hours.
B. Charlotte Business Journal, 560 hours.
C. Charlotte Observer, 350 hours.

The Board concluded that Cowan’s 3,000 hours experience as a newspaper reporter did not qualify as “experience” required by N.C.G.S. § 74C-8(d)(3) (1981) (repealed 1989). Cowan then petitioned the superior court for review of the Board’s denial pursuant to N.C.G.S. § 150B-51(a-b). The superior court judge reversed the Board’s [502]*502decision, and entered an order and judgment directing the Board to grant Cowan a private investigator’s license.

The dispositive issue is whether the Board’s findings and conclusions were supported by substantial evidence.

I

Our review of an administrative agency’s decision is governed by the Administrative Procedure Act, and we may reverse or modify the Board’s decision only if it violates one of five statutory grounds. Walls & Marshall Fuel Co., Inc. v. N.C. Dept. of Revenue, 95 N.C. App. 151, 153, 381 S.E.2d 815, 817 (1989) (citations omitted); N.C.G.S. § 150B-51 (Cum. Supp. 1989).

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394 S.E.2d 285 (Court of Appeals of North Carolina, 1990)

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Bluebook (online)
391 S.E.2d 217, 98 N.C. App. 498, 1990 N.C. App. LEXIS 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowan-v-nc-private-protective-services-board-ncctapp-1990.