North Carolina § 150B-25 - 1. Burden of proof.

§ 150B-25. 1. Burden of proof.

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. 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. 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. History (2015-286, s. 1.2(a).) Editor's Note. - Session Laws 2015-286, s. 1.2(c), made this section effective October 22, 2015, and applicable to contested cases commenced on or after that date. Session Laws 2015-286, s. 1.2(b), provides: "The Joint Legislative Administrative Procedure Oversight Committee shall study whether there are other categories of contested cases in which the burden of proof should be placed with the agency." Session Laws 2015-286, s. 5.1 is a severability clause.