North Carolina Statutes

Chapter 150B Administrative Procedure Act

Article 1 - General Provisions.

  • § 150B-1   Policy and scope
    (a) Purpose. This Chapter establishes a uniform system of administrative rule making and adjudicatory procedures for agencies. The procedures ensure that the functions of rule...
  • § 150B-2   Definitions
    As used in this Chapter, (1) "Administrative law judge" means a person appointed under G.S. 7A‑752, 7A‑753, or 7A‑757. (1a) "Agency" means an agency or...
  • § 150B-3   Special provisions on licensing
    (a) When an applicant or a licensee makes a timely and sufficient application for issuance or renewal of a license or occupational license, including the...
  • § 150B-4   Declaratory rulings
    (a) On request of a person aggrieved, an agency shall issue a declaratory ruling as to the validity of a rule or as to the...
  • § 150B-5 through 150B-8   Reserved for future codification purposes

Article 2 - Rule Making.

Article 2A - Rules.

Article 3 - Administrative Hearings.

  • § 150B-22   Settlement; contested case
    It is the policy of this State that any dispute between an agency and another person that involves the person's rights, duties, or privileges, including...
  • § 150B-22.1   Special education petitions
    (a) Notwithstanding any other provision of this Chapter, timelines and other procedural safeguards required to be provided under IDEA and Article 9 of Chapter 115C...
  • § 150B-23   Commencement; assignment of administrative law judge; hearing required; notice; intervention
    (a) A contested case shall be commenced by filing a petition with the Office of Administrative Hearings and, except as provided in Article 3A of...
  • § 150B-23.1   Mediated settlement conferences
    (a) Purpose. This section authorizes a mediation program in the Office of Administrative Hearings in which the chief administrative law judge may require the parties...
  • § 150B-24   Venue of hearing
    (a) The hearing of a contested case shall be conducted: (1) In the county in this State in which any person whose property or rights...
  • § 150B-25   Conduct of hearing; answer
    (a) If a party fails to appear in a contested case after proper service of notice, and if no adjournment or continuance is granted, the...
  • § 150B-26   Consolidation
    When contested cases involving a common question of law or fact or multiple proceedings involving the same or related parties are pending, the Director of...
  • § 150B-27   Subpoena
    After the commencement of a contested case, subpoenas may be issued and served in accordance with G.S. 1A‑1, Rule 45. In addition to the methods...
  • § 150B-28   Depositions and discovery
    (a) A deposition may be used in lieu of other evidence when taken in compliance with the Rules of Civil Procedure, G.S. 1A‑1. Parties in...
  • § 150B-29   Rules of evidence
    (a) In all contested cases, irrelevant, immaterial and unduly repetitious evidence shall be excluded. Except as otherwise provided, the rules of evidence as applied in...
  • § 150B-30   Official notice
    Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of the...
  • § 150B-31   Stipulations
    (a) The parties in a contested case may, by a stipulation in writing filed with the administrative law judge, agree upon any fact involved in...
  • § 150B-31.1   Contested tax cases
    (a) Application. This section applies only to contested tax cases. A contested tax case is a case involving a disputed tax matter arising under G.S....
  • § 150B-32   Designation of administrative law judge
    (a) The Director of the Office of Administrative Hearings shall assign himself or another administrative law judge to preside over a contested case. (a1) Repealed...
  • § 150B-33   Powers of administrative law judge
    (a) An administrative law judge shall stay any contested case under this Article on motion of an agency which is a party to the contested...
  • § 150B-34   Decision of administrative law judge
    (a) Except as provided in G.S. 150B‑36(c), and subsection (c) of this section, in each contested case the administrative law judge shall make a decision...
  • § 150B-35   No ex parte communication; exceptions
    Unless required for disposition of an ex parte matter authorized by law, neither the administrative law judge assigned to a contested case nor a member...
  • § 150B-36   Final decision
    (a) Before the agency makes a final decision, it shall give each party an opportunity to file exceptions to the decision made by the administrative...
  • § 150B-37   Official record
    (a) In a contested case, the Office of Administrative Hearings shall prepare an official record of the case that includes: (1) Notices, pleadings, motions, and...

Article 3A - Other Administrative Hearings.

  • § 150B-38   Scope; hearing required; notice; venue
    (a) The provisions of this Article shall apply to: (1) Occupational licensing agencies. (2) The State Banking Commission, the Commissioner of Banks, and the Credit...
  • § 150B-39   Depositions; discovery; subpoenas
    (a) A deposition may be used in lieu of other evidence when taken in compliance with the Rules of Civil Procedure, G.S. 1A‑1. Parties in...
  • § 150B-40   Conduct of hearing; presiding officer; ex parte communication
    (a) Hearings shall be conducted in a fair and impartial manner. At the hearing, the agency and the parties shall be given an opportunity to...
  • § 150B-41   Evidence; stipulations; official notice
    (a) In all contested cases, irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Except as otherwise provided, the rules of evidence as applied in...
  • § 150B-42   Final agency 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 in subsection (b) of this...

Article 4 - Judicial Review.

Article 5 - Publication of Administrative Rules.