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Cowan v. N.C. Private Protective Services Board5/15/1990
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.
Petitioner 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Cowan's application, citing his "failure to meet the experience requirements as outlined in [N.C.G.S. § ] 74C-8(d)(3) [repealed in 1989]."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.
G. 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. Impropri
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