§ 150B-42. Final agency decision; official record.

406 words·~2 min read·/nc/chapter-150b/150b-42

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 conclusions of law. Findings of fact shall be based exclusively on the evidence and on matters officially noticed. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting them. A decision or order shall not be made except upon consideration of the record as a whole or such portion thereof as may be cited by any party to the proceeding and shall be supported by substantial evidence admissible under G.S. 150B-41. A copy of the decision or order shall be served upon each party by one of the methods for service of process under G.S. 1A-1, Rule 5(b). If service is by registered, certified, or first-class mail, by signature confirmation as provided by the United States Postal Service, or by designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, the copy shall be addressed to the party at the latest address given by the party to the agency. Service by one of the additional methods provided in G.S. 1A-1, Rule 5(b), is effective as provided therein and shall be accompanied by a certificate of service as provided in G.S. 1A-1, Rule 5(b1). G.S. 1A-1, Rule 6(e), applies if service is by first-class mail. A copy shall be furnished to the party's attorney of record.

(b)An agency shall prepare an official record of a hearing that shall include:

(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 them would serve no useful purpose;

(5)Proposed findings and exceptions; and

(6)Any decision, opinion, order, or report by the officer presiding at the hearing and by the agency.

(c)Proceedings at which oral evidence is presented shall be recorded, but need not be transcribed unless requested by a party. Each party shall bear the cost of the transcript or part thereof or copy of said transcript or part thereof which said party requests. (1985, c. 746, s. 1; 2011-332, s. 2.4.)