§ 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-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 […]
§ 150B-43 – Right to judicial review.
150B-43. Right to judicial review. Any party or person aggrieved by the final decision in a contested case, and who has exhausted all administrative remedies made available to the party or person aggrieved by statute or agency rule, is entitled to judicial review of the decision under this Article, unless adequate procedure for judicial review […]
§ 150B-44 – Right to judicial intervention when final decision unreasonably delayed.
150B-44. Right to judicial intervention when final decision unreasonably delayed. Failure of an administrative law judge subject to Article 3 of this Chapter or failure of an agency subject to Article 3A of this Chapter to make a final decision within 120 days of the close of the contested case hearing is justification for a […]
§ 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 […]