§ 150B-25.1 – Burden of proof.
150B-25.1. Burden of proof. (a) Except as otherwise provided by law or by this section, the petitioner in a contested case has the burden of proving the facts alleged in the petition by a preponderance of the evidence. (b) In a contested case involving the imposition of civil fines or penalties by a State agency […]
§ 150B-26 – Consolidation.
150B-26. Consolidation. When contested cases involving a common question of law or fact or multiple proceedings involving the same or related parties are pending, the Director of the Office of Administrative Hearings may order a joint hearing of any matters at issue in the cases, order the cases consolidated, or make other orders to reduce […]
§ 150B-27 – Subpoena.
150B-27. Subpoena. After the commencement of a contested case, subpoenas may be issued and served in accordance with G.S. 1A-1, Rule 45. In addition to the methods of service in G.S. 1A-1, Rule 45, a State law enforcement officer may serve a subpoena on behalf of an agency that is a party to the contested […]
§ 150B-22 – Settlement; contested case.
150B-22. Settlement; contested case. (a) It is the policy of this State that any dispute between an agency and another person that involves the person’s rights, duties, or privileges, including licensing or the levy of a monetary penalty, should be settled through informal procedures. In trying to reach a settlement through informal procedures, the agency […]
§ 150B-22.1 – Special education petitions.
150B-22.1. Special education petitions. (a) Notwithstanding any other provision of this Chapter, timelines and other procedural safeguards required to be provided under IDEA and Article 9 of Chapter 115C of the General Statutes must be followed in an impartial due process hearing initiated when a petition is filed under G.S. 115C-109.6 with the Office of […]
§ 150B-23 – Commencement; assignment of administrative law judge; hearing required; notice; intervention.
150B-23. Commencement; assignment of administrative law judge; hearing required; notice; intervention. (a) A contested case shall be commenced by paying a fee in an amount established in G.S. 150B-23.2 and by filing a petition with the Office of Administrative Hearings and, except as provided in Article 3A of this Chapter, shall be conducted by that […]
§ 150B-23.1 – Mediated settlement conferences.
150B-23.1. Mediated settlement conferences. (a) Purpose. – This section authorizes a mediation program in the Office of Administrative Hearings in which the chief administrative law judge may require the parties in a contested case to attend a prehearing settlement conference conducted by a mediator. The purpose of the program is to determine whether a system […]
§ 150B-23.2 – Fee for filing a contested case hearing.
150B-23.2. Fee for filing a contested case hearing. (a) Filing Fee. – In every contested case commenced in the Office of Administrative Hearings by a person aggrieved, the petitioner shall pay a filing fee, and the administrative law judge shall have the authority to assess that filing fee against the losing party, in the amount […]
§ 150B-23.3 – Electronic filing.
150B-23.3. Electronic filing. In addition to any other method specified in G.S. 150B-23, documents filed and served in a contested case may be filed and served electronically by means of an Electronic Filing Service Provider. For purposes of this section, the following definitions apply: (1) "Electronic filing" means the electronic transmission of the petition, notice […]
§ 150B-24 – Venue of hearing.
150B-24. Venue of hearing. (a) The hearing of a contested case shall be conducted: (1) In the county in this State in which any person whose property or rights are the subject matter of the hearing maintains his residence; (2) In the county where the agency maintains its principal office if the property or rights […]