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NC H1143
Bill
Status
5/20/2014
Primary Sponsor
Timothy Moffitt
Click for details
AI Summary
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Establishes that in most contested cases, the petitioner has the burden of proving facts alleged in the petition by a preponderance of the evidence.
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Places the burden of proof on State agencies in contested cases involving the imposition of civil fines or penalties, requiring the agency to show that the person actually committed the violation.
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Places the burden of proof on agency employers in contested cases involving discharge, suspension, or demotion of career State employees under Chapter 126, requiring the agency to prove just cause.
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Directs the Joint Legislative Administrative Procedure Oversight Committee to study whether other categories of contested cases should place the burden of proof with the agency.
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Effective upon enactment and applies to contested cases commenced after the bill becomes law.
Legislative Description
Burden of Proof in Certain Contested Cases
Last Action
Serial Referral To State Personnel Added
5/28/2014