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

§ 150B‑42.  Finalagency 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 insubsection (b) of this section, an agency shall make a written final decision ororder in a contested case. The decision or order shall include findings of factand conclusions of law. Findings of fact shall be based exclusively on theevidence and on matters officially noticed. Findings of fact, if set forth instatutory language, shall be accompanied by a concise and explicit statement ofthe underlying facts supporting them. A decision or order shall not be madeexcept upon consideration of the record as a whole or such portion thereof asmay be cited by any party to the proceeding and shall be supported bysubstantial evidence admissible under G.S. 150B‑41. A copy of thedecision or order shall be served upon each party personally or by certifiedmail addressed to the party at the latest address given by the party to theagency and a copy shall be furnished to his attorney of record.

(b)        An agency shall prepare an official record of a hearing thatshall 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 thata  statement of them would serve no useful purpose;

(5)        Proposed findings and exceptions; and

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

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