§ 62-65. Rules of evidence; judicial notice. - North Carolina Statutes

§ 62‑65.  Rules ofevidence; judicial notice.

(a)        When acting as a court of record, the Commission shall applythe rules of evidence applicable in civil actions in the superior court,insofar as practicable, but no decision or order of the Commission shall bemade or entered in any such proceeding unless the same is supported bycompetent material and substantial evidence upon consideration of the wholerecord. Oral evidence shall be taken on oath or affirmation. The rules ofprivilege shall be effective to the same extent that they are now or hereafterrecognized in civil actions in the superior court. The Commission may excludeincompetent, irrelevant, immaterial and unduly repetitious or cumulativeevidence. All evidence, including records and documents in the possession ofthe Commission of which it desires to avail itself, shall be made a part of therecord in the case by definite reference thereto at the hearing. Any partyintroducing any document or record in evidence by reference shall bear the expenseof all copies required for the record in the event of an appeal from theCommission's order. Every party to  a proceeding shall have the right to calland examine witnesses, to introduce exhibits, to cross‑examine opposingwitnesses on any matter relevant to the issues, to impeach any witnessregardless of which party first called such witness to testify and to rebut theevidence against him. If a party does not testify in his own behalf, he may becalled and examined as if under cross‑examination.

(b)        The Commission may take judicial notice of its decisions,the annual reports of public utilities on file with the Commission, publishedreports of federal regulatory agencies, the decisions of State and federalcourts, State and federal statutes, public information and data published byofficial State and federal agencies and reputable financial reporting services,generally recognized technical and scientific facts within the Commission'sspecialized knowledge, and such other facts and evidence as may be judiciallynoticed by justices and judges of the General Court of Justice. When anyCommission decision relies upon such judicial notice of material facts notappearing in evidence, it shall be so stated with particularity in suchdecision and any party shall, upon petition filed within 10 days after serviceof the decision, be afforded an opportunity to contest the purported factsnoticed or show to the contrary in a rehearing set with proper notice to allparties; but the Commission may notify the parties before or during the hearingof facts judicially noticed, and afford at the hearing a reasonable opportunityto contest the purported facts noticed, or show to the contrary. (1949, c. 989, s. 1; 1959, c. 639, s. 2; 1963, c.1165, s. 1; 1973, c. 108, s. 21.)