§ 150B-41. Evidence; stipulations; official notice. - North Carolina Statutes

§ 150B‑41. Evidence; stipulations; official notice.

(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 suchrules to show relevant facts, they may be shown by the most reliable andsubstantial evidence available. It shall not be necessary for a party or hisattorney to object to evidence at the hearing in order to preserve the right toobject to its consideration by the agency in reaching its decision, or by thecourt of judicial review.

(b)        Evidence in a contested case, including records anddocuments shall be offered and made a part of the record. Other factualinformation or evidence shall not be considered in determination of the case,except as permitted under G.S. 150B‑30. Documentary evidence may bereceived in the form of a copy or excerpt or may be incorporated by reference,if the materials so incorporated are available for examination by the parties.Upon timely request, a party shall be given an opportunity to compare the copywith the original if available.

(c)        The parties in a contested case under this Article by astipulation in writing filed with the agency may agree upon any fact involvedin the controversy, which stipulation shall be used as evidence at the hearingand be binding on the parties thereto. Parties should agree upon facts whenpracticable. Except as otherwise provided by law, disposition may be made of acontested case by stipulation, agreed settlement, consent order, waiver,default, or other method agreed upon by the parties.

(d)        Official notice may be taken of all facts of which judicialnotice may be taken and of other facts within the specialized knowledge of theagency. The noticed fact and its source shall be stated and made known toaffected parties at the earliest practicable time, and any party shall ontimely request be afforded an opportunity to dispute the noticed fact throughsubmission of evidence and argument. An agency may use its experience,technical competence, and specialized knowledge in the evaluation of evidencepresented to it. (1985, c. 746, s.1.)