§ 150B-38 – Scope; hearing required; notice; venue.
150B-38. Scope; hearing required; notice; venue. (a) The provisions of this Article shall apply to: (1) Occupational licensing agencies. (2) The State Banking Commission, the Commissioner of Banks, and the Credit Union Division of the Department of Commerce. (3) The Department of Insurance and the Commissioner of Insurance. (4) The State Chief Information Officer in […]
§ 150B-39 – Depositions; discovery; subpoenas.
150B-39. Depositions; discovery; subpoenas. (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 a contested case may engage in discovery pursuant to the provisions of the Rules of Civil Procedure, G.S. 1A-1. (b) Upon a request for an identifiable […]
§ 150B-40 – Conduct of hearing; presiding officer; ex parte communication.
150B-40. Conduct of hearing; presiding officer; ex parte communication. (a) Hearings shall be conducted in a fair and impartial manner. At the hearing, the agency and the parties shall be given an opportunity to present evidence on issues of fact, examine and cross-examine witnesses, including the author of a document prepared by, on behalf of […]
§ 150B-41 – Evidence; stipulations; official notice.
150B-41. Evidence; stipulations; official notice. (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 such rules to show relevant […]
§ 150B-42 – Final agency decision; official record.
150B-42. Final agency decision; official record. (a) After compliance with the provisions of G.S. 150B-40(e), if applicable, and review of the official record, as defined in subsection (b) of this section, an agency shall make a written final decision or order in a contested case. The decision or order shall include findings of fact and […]