§ 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-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-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-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 […]