§ 150B-29. Rules of evidence. - North Carolina Statutes

§ 150B‑29.  Rulesof evidence.

(a)        In all contested cases, irrelevant, immaterial and undulyrepetitious evidence shall be excluded. Except as otherwise provided, the rulesof evidence as applied in the trial division of the General Court of Justiceshall be followed; but, when evidence is not reasonably available under therules to show relevant facts, then the most reliable and substantial evidenceavailable shall be admitted. On the judge's own motion, an administrative lawjudge may exclude evidence that is inadmissible under this section. The partywith the burden of proof in a contested case must establish the facts requiredby G.S. 150B‑23(a) by a preponderance of the evidence. It shall not benecessary for a party or his attorney to object at the hearing to evidence inorder to preserve the right to object to its consideration by theadministrative law judge in making a decision, by the agency in making a finaldecision, or by the court on judicial review.

(b)        Evidence in a contested case, including records anddocuments, shall be offered and made a part of the record. Factual informationor evidence not made a part of the record shall not be considered in thedetermination of the case, except as permitted under G.S. 150B‑30.Documentary evidence may be received in the form of a copy or excerpt or may beincorporated by reference, if the materials so incorporated are available forexamination by the parties. Upon timely request, a party shall be given anopportunity to compare the copy with the original if available. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1987, c.878, s. 7; 1991, c. 35, s. 4; 2000‑190, s. 4.)