150B-25.1. Burden of proof.
(a) Except as otherwise provided by law or by this section, the petitioner in a contested case has the burden of proving the facts alleged in the petition by a preponderance of the evidence.
(b) In a contested case involving the imposition of civil fines or penalties by a State agency for violation of the law, the burden of showing by clear and convincing evidence that the person who was fined actually committed the act for which the fine or penalty was imposed rests with the State agency.
(c) The burden of showing by a preponderance of the evidence that a career State employee subject to Chapter 126 of the General Statutes was discharged, suspended, or demoted for just cause rests with the agency employer. (2015-286, s. 1.2(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 150B - Administrative Procedure Act
Article 3 - Administrative Hearings.
§ 150B-22 - Settlement; contested case.
§ 150B-22.1 - Special education petitions.
§ 150B-23.1 - Mediated settlement conferences.
§ 150B-23.2 - Fee for filing a contested case hearing.
§ 150B-23.3 - Electronic filing.
§ 150B-25 - Conduct of hearing; answer.
§ 150B-25.1 - Burden of proof.
§ 150B-28 - Depositions and discovery.
§ 150B-29 - Rules of evidence.
§ 150B-31.1 - Contested tax cases.
§ 150B-32 - Designation of administrative law judge.
§ 150B-33 - Powers of administrative law judge.
§ 150B-34 - Final decision or order.