A BILL TO BE ENTITLED AN ACT TO ESTABLISH THAT THE STATE AGENCY HAS THE BURDEN OF PROOF IN CERTAIN CONTESTED CASES, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE.
Identical to S 774, filed on May 15, 2014.
Enacts new GS 150B-25.1, in the Administrative Procedure Act, concerning the burden of proof in certain contested administrative hearings, clarifying that in most contested cases the petitioner has the burden of proof. However, in a contested case involving a civil fine or penalty by a state agency the burden of proof rests with the state agency. Further clarifies that in cases where a career state employee subject to GS Chapter 126 (State Personnel System) was discharged, suspended, or demoted for just cause, the burden of proof rests with the agency employer.
Directs the Joint Legislative Administrative Procedure Oversight Committee to study whether there are other contested cases where the burden of proof should rest with the agency.
Bill effective when it becomes law, applying to contested cases commenced on or after that date.
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