North Carolina Savings & Loan League v. North Carolina Credit Union Commission

276 S.E.2d 404, 302 N.C. 458, 1981 N.C. LEXIS 1072
CourtSupreme Court of North Carolina
DecidedApril 7, 1981
Docket82
StatusPublished
Cited by72 cases

This text of 276 S.E.2d 404 (North Carolina Savings & Loan League v. North Carolina Credit Union Commission) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
North Carolina Savings & Loan League v. North Carolina Credit Union Commission, 276 S.E.2d 404, 302 N.C. 458, 1981 N.C. LEXIS 1072 (N.C. 1981).

Opinions

CARLTON, Justice.

I.

This case arose from the North Carolina Credit Union Administrator’s (hereinafter “Administrator”) approval on 15 September 1977 of an amendment to the By-Laws (sic) of the State Employees’ Credit Union, allowing an expansion of its field of membership to include employees of local governmental units who participate in retirement systems administered by the State of North Carolina and federal employees working in conjunction with these units. Prior to the amendment, Article II, Section 1 of the bylaws provided that:

The field of membership shall be limited to those having the following common bond: employees of the State of North Carolina and Federal employees working in conjunction with State departments; employees of Public Boards of Education; employees of associations formed for the benefit of State Employees,... and unremarried spouses of persons who died while in the field of membership of this credit union: persons retired from the above employment as pensioners and/or annuitants from the above employment or service; members of their immediate families, and organizations of such persons: and employees of agencies or departments whose employees are subject to the State Personnel Act.
As amended, the bylaw would read as follows:
The field of membership shall extend to those having the following common bond: e.mployees of governmental units in North Carolina whose employees are covered under a retirement system administered by the State of North Carolina*; Federal employees working in conjunction with these governmental units; employees of agencies or departments whose employees are subject to the State Personnel Act; employees of associations formed for the benefit of the above persons; unremarried spouses of persons who died while in the field of membership; persons retired from any of the above as pensioners and/or [461]*461annuitants; members of their immediate families and organizations of such persons ....
*Employees of county, municipal, and related government units (excluding employees of county departments of Social Services, Health, Mental Health, and Civil Defense) who currently have a credit union chartered by North Carolina or the Federal Government and who are not included in that field of membership are not eligible for membership in the State Employees’ Credit Union.

In response to a request by the North Carolina Bankers Association, the North Carolina Credit Union Commission (hereinafter “Commission”) conducted hearings on 5 and 6 June 1978 to review the decision of the Administrator. The Commission granted petitions from the North Carolina Savings and Loan League and the Burke County Savings and Loan Association to intervene in opposition to the amendment. The State Employees’ Credit Union (hereinafter “Credit Union”), the North Carolina Association of County Commissioners, and the North Carolina League of Municipalities were granted leave to intervene in support of the Administrator’s action. On 10 August 1978 the Commission issued a decision affirming the approval of the bylaw amendment by the Administrator.

Pursuant to G.S. 150A-43, the Bankers Association, Savings and Loan League and Savings and Loan Association (hereinafter “petitioners”) filed petitions in superior court for review of the Commission’s decision, contending that the members added by the amendment lacked a “common bond” with the previous State employee membership of the Credit Union in violation of G.S. 54-109.26. Judge Braswell agreed with petitioners and reversed the Commission in a judgment entered 10 January 1979. The Commission, Administrator, State Employees’ Credit Union, North Carolina Association of County Commissioners and North Carolina League of Municipalities (hereinafter “respondents”) appealed. The Court of Appeals reversed the superior court and remanded for entry of an order affirming the decision of the Commission. Petitioners filed a petition for discretionary review with this Court pursuant to G.S. 7A-31, which we allowed 6 May 1980.

Other facts pertinent to the decision are noted in the footnote [462]*462below.1

[463]*463II.

We first consider the appropriate standard for judicial review of this administrative agency’s decision.

The basic issue with which the courts below were confronted, and which we must now consider, is the propriety of an action taken by the North Carolina Credit Union Commission and its Administrator. The Credit Union Commission is an agency of the state, G.S. § 54-109.10 (Cum. Supp. 1979), and review of its actions is governed by the Administrative Procedure Act (hereinafter “APA”), General Statutes, Chapter 150A. G.S. § 150A-2(1) (1978).

Under the APA, a reviewing court’s power to affirm the decision of the agency and to remand for further proceedings is not circumscribed. However, the court may reverse or modify only if

the substantial rights of the petitioners may have been prejudiced because the agency findings, inferences, conclusions, or decisions are:

(1) In violation of constitutional provisions; or
(2) In excess of statutory authority or jurisdiction of the agency; or
(3) Made upon unlawful procedure; or
(4) Affected by other error of law; or
(5) Unsupported by substantial evidence admissible [464]*464under G.S. 150A-29(a) or G.S. 150A-30 in view of the entire record as submitted; or
(6) Arbitrary or capricious.

G.S. § 150A-51 (1978).

The Court of Appeals, while recognizing that its review was governed by G.S. 150A-51, failed to specify under which of the above listed standards it reviewed the decisions of the superior court and the Commission. Judge Braswell, in the superior court, relied on the first, second, fifth and sixth standards in reversing the Commission’s decision. While we agree with the result reached by the superior court, we think it failed to apply the correct standard in reviewing the Commission’s actions. In our opinion, the appropriate line of inquiry is whether the Commission’s approval of the bylaw amendment is “[ajffected by . . . error of law.” G.S. § 150A-51(4). Thus, the proper standard of review has nowhere been addressed in the lower courts. Selection of the proper standard is important in every appeal from an administrative decision because use of the correct standard clarifies the basic issues and focuses the reviewing court’s inquiry on the relevant factors.

The appropriate standard can be determined only after an examination of the issues presented by the appeal. While petitioners claim that the Commission’s decision is in violation of the constitution, in excess of statutory authority, unsupported by substantial evidence and arbitrary and capricious, both they and respondents agree that the propriety of the Commission’s actions turns on the meaning accorded the term “common bond” in G.S. 54-109.26, or, as aptly put by Judge Hedrick, writing for the Court of Appeals, “whether the membership of the State Employees’ Credit Union as enlarged by the amendment meets the ‘common bond’ requirement of G.S.

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Bluebook (online)
276 S.E.2d 404, 302 N.C. 458, 1981 N.C. LEXIS 1072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-carolina-savings-loan-league-v-north-carolina-credit-union-nc-1981.