Dana:
Yes, 358.22 allows cable installed in EMT.
A violation citing 300.3(b) would be taken before the Board of Appeals here, and based on the verbage within said Article, the cited violation will not stand, and the BOA would rule against the AHJ (inspector and/or sub-code official) , and in favor of the EC or homeowner. I'm sure Harold will second this comment.
That all said, as I mentioned in a previous post, this is not a install that I see. (EMT or any type of raceway system with NMC). I also have not yet came upon anyone doing what Greg described within the OP.
