Loading chat...
NC S774
Bill
Status
5/15/2014
Primary Sponsor
Fletcher Hartsell
Click for details
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