Loading chat...

NC S774

Bill

Status

Introduced

5/15/2014

Primary Sponsor

Fletcher Hartsell

Click for details

Origin

Senate

2013-2014 Session

AI Summary

  • Establishes that petitioners in contested cases bear the burden of proving facts alleged by a preponderance of the evidence, except as otherwise provided.

  • Shifts burden of proof to the State agency in contested cases involving civil fines or penalties, requiring the agency to show that the person actually committed the violation.

  • Requires state agency employers to bear the burden of proving that career state employees under Chapter 126 were discharged, suspended, or demoted for just cause.

  • 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.

  • 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

Ref To Com On Judiciary I

5/19/2014

Committee Referrals

Judiciary I5/19/2014

Full Bill Text

No bill text available