§ 150B-34 – Final decision or order.
150B-34. Final decision or order. (a) In each contested case the administrative law judge shall make a final decision or order that contains findings of fact and conclusions of law. The administrative law judge shall decide the case based upon the preponderance of the evidence, giving due regard to the demonstrated knowledge and expertise of […]
§ 150B-35 – No ex parte communication; exceptions.
150B-35. No ex parte communication; exceptions. Unless required for disposition of an ex parte matter authorized by law, the administrative law judge assigned to a contested case may not communicate, directly or indirectly, in connection with any issue of fact, or question of law, with any person or party or his representative, except on notice […]
§ 150B-37 – Official record.
150B-37. Official record. (a) In a contested case, the Office of Administrative Hearings shall prepare an official record of the case that includes: (1) Notices, pleadings, motions, and intermediate rulings; (2) Questions and offers of proof, objections, and rulings thereon; (3) Evidence presented; (4) Matters officially noticed, except matters so obvious that a statement of […]
§ 150B-28 – Depositions and discovery.
150B-28. Depositions and discovery. (a) A deposition may be used in lieu of other evidence when taken in compliance with the Rules of Civil Procedure, G.S. 1A-1. Parties in contested cases may engage in discovery pursuant to the provisions of the Rules of Civil Procedure, G.S. 1A-1. (b) Repealed by Session Laws 2007-491, s. 2, […]
§ 150B-29 – Rules of evidence.
150B-29. Rules of evidence. (a) In all contested cases, irrelevant, immaterial and unduly repetitious evidence shall be excluded. Except as otherwise provided, the rules of evidence as applied in the trial division of the General Court of Justice shall be followed; but, when evidence is not reasonably available under the rules to show relevant facts, […]
§ 150B-30 – Official notice.
150B-30. Official notice. Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of the agency. The noticed fact and its source shall be stated and made known to affected parties at the earliest practicable time, and any party shall on timely […]
§ 150B-31 – Stipulations.
150B-31. Stipulations. (a) The parties in a contested case may, by a stipulation in writing filed with the administrative law judge, agree upon any fact involved in the controversy, which stipulation shall be used as evidence at the hearing and be binding on the parties thereto. Parties should agree upon facts when practicable. (b) Except […]
§ 150B-31.1 – Contested tax cases.
150B-31.1. Contested tax cases. (a) Application. – This section applies only to contested tax cases. A contested tax case is a case involving a disputed tax matter arising under G.S. 105-241.15. To the extent any provision in this section conflicts with another provision in this Article, this section controls. (b) Simple Procedures. – The Chief […]
§ 150B-32 – Designation of administrative law judge.
150B-32. Designation of administrative law judge. (a) The Director of the Office of Administrative Hearings shall assign himself or another administrative law judge to preside over a contested case. (a1) Repealed by Sessions Laws 1985 (Reg. Sess., 1986), c. 1022, s. 1(15), effective July 15, 1986. (b) On the filing in good faith by a […]
§ 150B-33 – Powers of administrative law judge.
150B-33. Powers of administrative law judge. (a) An administrative law judge shall stay any contested case under this Article on motion of an agency which is a party to the contested case, if the agency shows by supporting affidavits that it is engaged in other litigation or administrative proceedings, by whatever name called, with or […]