(a) Before the agencymakes a final decision, it shall give each party an opportunity to fileexceptions to the decision made by the administrative law judge, and to presentwritten arguments to those in the agency who will make the final decision ororder. If a party files in good faith a timely and sufficient affidavit ofpersonal bias or other reason for disqualification of a member of the agencymaking the final decision, the agency shall determine the matter as a part of therecord in the case, and the determination is subject to judicial review at theconclusion of the case.
(b) Except as providedin G.S. 150B‑34(c) or subsection (d) of this section, a final decision ina contested case shall be made by the agency in writing after review of theofficial record as defined in G.S. 150B‑37(a) and shall include findingsof fact and conclusions of law. The agency shall adopt each finding of factcontained in the administrative law judge's decision unless the finding isclearly contrary to the preponderance of the admissible evidence, giving dueregard to the opportunity of the administrative law judge to evaluate thecredibility of witnesses. For each finding of fact not adopted by the agencyand each finding of fact made by the agency that is not contained in theadministrative law judge's decision, the agency shall follow the procedures setforth in subsections (b1) and (b2) of this section.
(b1) For each finding offact not adopted by the agency, the agency shall set forth separately and indetail the following:
(1) The reasons for notadopting the findings of fact.
(2) The evidence in therecord relied upon by the agency in not adopting the finding of fact containedin the administrative law judge's decision.
Any finding of fact notspecifically rejected as required by this subsection shall be deemed acceptedfor purposes of judicial review of the final decision pursuant to Article 4 ofthis Chapter.
(b2) For each finding offact made by the agency that is not contained in the administrative law judge'sdecision, the agency shall set forth separately and in detail the evidence inthe record relied upon by the agency in making the finding of fact. Any newfinding of fact made by the agency shall be supported by a preponderance of theadmissible evidence in the record. The agency shall not make any new finding offact that is inconsistent with a finding of fact contained in theadministrative law judge's decision unless the finding of fact in theadministrative law judge's decision is not adopted as required by subsection(b1) of this section.
(b3) Except as providedin G.S. 150B‑34(c), the agency shall adopt the decision of theadministrative law judge unless the agency demonstrates that the decision ofthe administrative law judge is clearly contrary to the preponderance of theadmissible evidence in the record. If the agency does not adopt theadministrative law judge's decision as its final decision, the agency shall setforth its reasoning for the final decision in light of the findings of fact andconclusions of law in the final decision, including any exercise of discretionby the agency. The agency may consider only the official record preparedpursuant to G.S. 150B‑37 in making a final decision. A copy of thedecision shall be served upon each party personally or by certified mailaddressed to the party at the latest address given by the party to the agency,and a copy shall be furnished to his attorney of record and the Office ofAdministrative Hearings.
(c) The followingdecisions made by administrative law judges in contested cases are finaldecisions appealable directly to superior court under Article 4 of thisChapter:
(1) A determination thatthe Office of Administrative Hearings lacks jurisdiction.
(2) An order enteredpursuant to the authority in G.S. 7A‑759(e).
(3) An order enteredpursuant to a written prehearing motion that either dismisses the contestedcase for failure of the petitioner to prosecute or grants the relief requestedwhen a party does not comply with procedural requirements.
(4) An order enteredpursuant to a prehearing motion to dismiss the contested case in accordancewith G.S. 1A‑1, Rule 12(b) when the order disposes of all issues in thecontested case.
(5) An order enteredpursuant to the authority in G.S. 150B‑31(b) when the stipulation orwaiver confers final decision authority on the administrative law judge.
(d) An administrativelaw judge may grant judgment on the pleadings, pursuant to a motion made inaccordance with G.S. 1A‑1, Rule 12(c), or summary judgment, pursuant to amotion made in accordance with G.S. 1A‑1, Rule 56, that disposes of allissues in the contested case. Notwithstanding subsection (b) of this section, adecision granting a motion for judgment on the pleadings or summary judgmentneed not include findings of fact or conclusions of law, except as determinedby the administrative law judge to be required or allowed by G.S. 1A‑1,Rule 12(c) or Rule 56. For any decision by the administrative law judgegranting judgment on the pleadings or summary judgment that disposes of allissues in the contested case, the agency shall make a final decision. If theagency does not adopt the administrative law judge's decision, it shall setforth the basis for failing to adopt the decision and shall remand the case tothe administrative law judge for hearing. The party aggrieved by the agency'sdecision shall be entitled to immediate judicial review of the decision underArticle 4 of this Chapter. (1973, c. 1331, s. 1; 1975, 2nd Sess., c. 983, s. 67;1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c. 1022, s. 1(16); 1987, c. 878,ss. 12, 24; 1987 (Reg. Sess., 1988), c. 1111, s. 20; 1991, c. 35, s. 7; 2000‑190,s. 7; 2009‑51, s. 1.)
(a) Before the agencymakes a final decision, it shall give each party an opportunity to fileexceptions to the decision made by the administrative law judge, and to presentwritten arguments to those in the agency who will make the final decision ororder. If a party files in good faith a timely and sufficient affidavit ofpersonal bias or other reason for disqualification of a member of the agencymaking the final decision, the agency shall determine the matter as a part of therecord in the case, and the determination is subject to judicial review at theconclusion of the case.
(b) Except as providedin G.S. 150B‑34(c) or subsection (d) of this section, a final decision ina contested case shall be made by the agency in writing after review of theofficial record as defined in G.S. 150B‑37(a) and shall include findingsof fact and conclusions of law. The agency shall adopt each finding of factcontained in the administrative law judge's decision unless the finding isclearly contrary to the preponderance of the admissible evidence, giving dueregard to the opportunity of the administrative law judge to evaluate thecredibility of witnesses. For each finding of fact not adopted by the agencyand each finding of fact made by the agency that is not contained in theadministrative law judge's decision, the agency shall follow the procedures setforth in subsections (b1) and (b2) of this section.
(b1) For each finding offact not adopted by the agency, the agency shall set forth separately and indetail the following:
(1) The reasons for notadopting the findings of fact.
(2) The evidence in therecord relied upon by the agency in not adopting the finding of fact containedin the administrative law judge's decision.
Any finding of fact notspecifically rejected as required by this subsection shall be deemed acceptedfor purposes of judicial review of the final decision pursuant to Article 4 ofthis Chapter.
(b2) For each finding offact made by the agency that is not contained in the administrative law judge'sdecision, the agency shall set forth separately and in detail the evidence inthe record relied upon by the agency in making the finding of fact. Any newfinding of fact made by the agency shall be supported by a preponderance of theadmissible evidence in the record. The agency shall not make any new finding offact that is inconsistent with a finding of fact contained in theadministrative law judge's decision unless the finding of fact in theadministrative law judge's decision is not adopted as required by subsection(b1) of this section.
(b3) Except as providedin G.S. 150B‑34(c), the agency shall adopt the decision of theadministrative law judge unless the agency demonstrates that the decision ofthe administrative law judge is clearly contrary to the preponderance of theadmissible evidence in the record. If the agency does not adopt theadministrative law judge's decision as its final decision, the agency shall setforth its reasoning for the final decision in light of the findings of fact andconclusions of law in the final decision, including any exercise of discretionby the agency. The agency may consider only the official record preparedpursuant to G.S. 150B‑37 in making a final decision. A copy of thedecision shall be served upon each party personally or by certified mailaddressed to the party at the latest address given by the party to the agency,and a copy shall be furnished to his attorney of record and the Office ofAdministrative Hearings.
(c) The followingdecisions made by administrative law judges in contested cases are finaldecisions appealable directly to superior court under Article 4 of thisChapter:
(1) A determination thatthe Office of Administrative Hearings lacks jurisdiction.
(2) An order enteredpursuant to the authority in G.S. 7A‑759(e).
(3) An order enteredpursuant to a written prehearing motion that either dismisses the contestedcase for failure of the petitioner to prosecute or grants the relief requestedwhen a party does not comply with procedural requirements.
(4) An order enteredpursuant to a prehearing motion to dismiss the contested case in accordancewith G.S. 1A‑1, Rule 12(b) when the order disposes of all issues in thecontested case.
(5) An order enteredpursuant to the authority in G.S. 150B‑31(b) when the stipulation orwaiver confers final decision authority on the administrative law judge.
(d) An administrativelaw judge may grant judgment on the pleadings, pursuant to a motion made inaccordance with G.S. 1A‑1, Rule 12(c), or summary judgment, pursuant to amotion made in accordance with G.S. 1A‑1, Rule 56, that disposes of allissues in the contested case. Notwithstanding subsection (b) of this section, adecision granting a motion for judgment on the pleadings or summary judgmentneed not include findings of fact or conclusions of law, except as determinedby the administrative law judge to be required or allowed by G.S. 1A‑1,Rule 12(c) or Rule 56. For any decision by the administrative law judgegranting judgment on the pleadings or summary judgment that disposes of allissues in the contested case, the agency shall make a final decision. If theagency does not adopt the administrative law judge's decision, it shall setforth the basis for failing to adopt the decision and shall remand the case tothe administrative law judge for hearing. The party aggrieved by the agency'sdecision shall be entitled to immediate judicial review of the decision underArticle 4 of this Chapter. (1973, c. 1331, s. 1; 1975, 2nd Sess., c. 983, s. 67;1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c. 1022, s. 1(16); 1987, c. 878,ss. 12, 24; 1987 (Reg. Sess., 1988), c. 1111, s. 20; 1991, c. 35, s. 7; 2000‑190,s. 7; 2009‑51, s. 1.)
(a) Before the agencymakes a final decision, it shall give each party an opportunity to fileexceptions to the decision made by the administrative law judge, and to presentwritten arguments to those in the agency who will make the final decision ororder. If a party files in good faith a timely and sufficient affidavit ofpersonal bias or other reason for disqualification of a member of the agencymaking the final decision, the agency shall determine the matter as a part of therecord in the case, and the determination is subject to judicial review at theconclusion of the case.
(b) Except as providedin G.S. 150B‑34(c) or subsection (d) of this section, a final decision ina contested case shall be made by the agency in writing after review of theofficial record as defined in G.S. 150B‑37(a) and shall include findingsof fact and conclusions of law. The agency shall adopt each finding of factcontained in the administrative law judge's decision unless the finding isclearly contrary to the preponderance of the admissible evidence, giving dueregard to the opportunity of the administrative law judge to evaluate thecredibility of witnesses. For each finding of fact not adopted by the agencyand each finding of fact made by the agency that is not contained in theadministrative law judge's decision, the agency shall follow the procedures setforth in subsections (b1) and (b2) of this section.
(b1) For each finding offact not adopted by the agency, the agency shall set forth separately and indetail the following:
(1) The reasons for notadopting the findings of fact.
(2) The evidence in therecord relied upon by the agency in not adopting the finding of fact containedin the administrative law judge's decision.
Any finding of fact notspecifically rejected as required by this subsection shall be deemed acceptedfor purposes of judicial review of the final decision pursuant to Article 4 ofthis Chapter.
(b2) For each finding offact made by the agency that is not contained in the administrative law judge'sdecision, the agency shall set forth separately and in detail the evidence inthe record relied upon by the agency in making the finding of fact. Any newfinding of fact made by the agency shall be supported by a preponderance of theadmissible evidence in the record. The agency shall not make any new finding offact that is inconsistent with a finding of fact contained in theadministrative law judge's decision unless the finding of fact in theadministrative law judge's decision is not adopted as required by subsection(b1) of this section.
(b3) Except as providedin G.S. 150B‑34(c), the agency shall adopt the decision of theadministrative law judge unless the agency demonstrates that the decision ofthe administrative law judge is clearly contrary to the preponderance of theadmissible evidence in the record. If the agency does not adopt theadministrative law judge's decision as its final decision, the agency shall setforth its reasoning for the final decision in light of the findings of fact andconclusions of law in the final decision, including any exercise of discretionby the agency. The agency may consider only the official record preparedpursuant to G.S. 150B‑37 in making a final decision. A copy of thedecision shall be served upon each party personally or by certified mailaddressed to the party at the latest address given by the party to the agency,and a copy shall be furnished to his attorney of record and the Office ofAdministrative Hearings.
(c) The followingdecisions made by administrative law judges in contested cases are finaldecisions appealable directly to superior court under Article 4 of thisChapter:
(1) A determination thatthe Office of Administrative Hearings lacks jurisdiction.
(2) An order enteredpursuant to the authority in G.S. 7A‑759(e).
(3) An order enteredpursuant to a written prehearing motion that either dismisses the contestedcase for failure of the petitioner to prosecute or grants the relief requestedwhen a party does not comply with procedural requirements.
(4) An order enteredpursuant to a prehearing motion to dismiss the contested case in accordancewith G.S. 1A‑1, Rule 12(b) when the order disposes of all issues in thecontested case.
(5) An order enteredpursuant to the authority in G.S. 150B‑31(b) when the stipulation orwaiver confers final decision authority on the administrative law judge.
(d) An administrativelaw judge may grant judgment on the pleadings, pursuant to a motion made inaccordance with G.S. 1A‑1, Rule 12(c), or summary judgment, pursuant to amotion made in accordance with G.S. 1A‑1, Rule 56, that disposes of allissues in the contested case. Notwithstanding subsection (b) of this section, adecision granting a motion for judgment on the pleadings or summary judgmentneed not include findings of fact or conclusions of law, except as determinedby the administrative law judge to be required or allowed by G.S. 1A‑1,Rule 12(c) or Rule 56. For any decision by the administrative law judgegranting judgment on the pleadings or summary judgment that disposes of allissues in the contested case, the agency shall make a final decision. If theagency does not adopt the administrative law judge's decision, it shall setforth the basis for failing to adopt the decision and shall remand the case tothe administrative law judge for hearing. The party aggrieved by the agency'sdecision shall be entitled to immediate judicial review of the decision underArticle 4 of this Chapter. (1973, c. 1331, s. 1; 1975, 2nd Sess., c. 983, s. 67;1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c. 1022, s. 1(16); 1987, c. 878,ss. 12, 24; 1987 (Reg. Sess., 1988), c. 1111, s. 20; 1991, c. 35, s. 7; 2000‑190,s. 7; 2009‑51, s. 1.)
