§ 150B-49. New evidence. - North Carolina Statutes

§ 150B‑49.  Newevidence.

An aggrieved person who files a petition in the superior court mayapply to the court to present additional evidence. If the court is satisfiedthat the evidence is material to the issues, is not merely cumulative, andcould not reasonably have been presented at the administrative hearing, thecourt may remand the case so that additional evidence can be taken. If anadministrative law judge did not make a decision in the case, the court shallremand the case to the agency that conducted the administrative hearing. Afterhearing the evidence, the agency may affirm or modify its previous findings offact and final decision. If an administrative law judge made a decision in thecase, the court shall remand the case to the administrative law judge. Afterhearing the evidence, the administrative law judge may affirm or modify hisprevious findings of fact and decision. The administrative law judge shallforward a copy of his decision to the agency that made the final decision,which in turn may affirm or modify its previous findings of fact and finaldecision. The additional evidence and any affirmation or modification of adecision of the administrative law judge or final decision shall be made partof the official record. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1987, c. 878, s. 17; 2000‑190,s. 10.)