NC General Statutes

N.C. Gen. Stat. § 150B-29 (2026)

Rules of evidence

✓ current as of July 2026

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(a) In all contested cases, irrelevant, immaterial and unduly repetitious evidence shall be excluded. Except as otherwise provided, the rules of evidence as applied in the trial division of the General Court of Justice shall be followed; but, when evidence is not reasonably available under the rules to show relevant facts, then the most reliable and substantial evidence available shall be admitted. On the judge's own motion, an administrative law judge may exclude evidence that is inadmissible under this section. The party with the burden of proof in a contested case must establish the facts required by G.S. 150B-23(a) by a preponderance of the evidence. It shall not be necessary for a party or his attorney to object at the hearing to evidence in order to preserve the right to object to its consideration by the administrative law judge in making a decision or by the court on judicial review.

(b) Evidence in a contested case, including records and documents, shall be offered and made a part of the record. Factual information or evidence not made a part of the record shall not be considered in the determination of the case, except as permitted under G.S. 150B-30. Documentary evidence may be received in the form of a copy or excerpt or may be incorporated by reference, if the materials so incorporated are available for examination by the parties. Upon timely request, a party shall be given an opportunity to compare the copy with the original if available. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1987, c. 878, s. 7; 1991, c. 35, s. 4; 2000-190, s. 4; 2012-187, s. 7.1.)

Notes of Decisions

Cited in 165 cases (20 in the last 5 years), 1988–2026 · leading case: North Carolina Dep't of Env't & Nat. Resources v. Carroll, 599 S.E.2d 888 (N.C. 2004).

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North Carolina Dep't of Env't & Nat. Resources v. Carroll, 599 S.E.2d 888 (N.C. 2004). · cites it 3× “Laws 1284 , 1285-99 (amending N.C.G.S. §§ 150B-29, -34, -36, and -37). Because Ranger Carroll’s contested case was filed on 29 June 1998, they are inapplicable to the case at bar.”

Mission Hospitals, Inc. v. N.C. Dep't of Health & Human Servs., 658 S.E.2d 277 (N.C. Ct. App. 2008). · cites it 12× “§ 150B-33) and the North Carolina Rules of Evidence (N.C. Gen. Stat. § 150B-29), the Act does not adopt the Code of Judicial Conduct, which governs General Court proceedings and communications among the parties.”

Harris v. N.C. Dep't of Pub. Saf., 798 S.E.2d 127 (N.C. Ct. App. 2017). · cites it 2× “It may also reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the findings, inferences, conclusions, or decisions are: (1) In violation of constitutional provisions; (2) In excess of the statutory authority or…”

N.C. Dep't of Pub. Saf. v. Ledford, 786 S.E.2d 50 (N.C. Ct. App. 2016). · cites it 3× “" N.C. Gen.Stat. § 150B-29(a). Title 26, Chapter 3 of the North Carolina Administrative Code governs the procedures to be followed during OAH hearings and provides that an ALJ "may admit all evidence that has probative value.”

Overcash v. North Carolina Dep't of Env't & Nat. Resources, 635 S.E.2d 442 (N.C. Ct. App. 2006). · cites it 5× “) See also N.C. Gen. Stat. § 150B-29(a) (2005) (“The party with the burden of proof in a contested case must establish the facts required by G.”

North Carolina Dep't of Revenue v. Bill Davis Racing, 684 S.E.2d 914 (N.C. Ct. App. 2009). · cites it 6× “claim Lee Act tax credits;” that “[t]he penalties were properly assessed by the Department in this matter;” that “the Secretary properly waived 50% of the assessed penalties under the good compliance provisions contained in the Department’s penalty waiver policy;” that “[t]he…”

Dillingham v. North Carolina Dep't of Human Resources, 513 S.E.2d 823 (N.C. Ct. App. 1999). · cites it 4× “Thus, it argues, the hearing officer correctly required “clear and convincing” evidence to rebut the presumption of ineligibility created by the transfer in the present case.”

Williams v. North Carolina Dep't of Env't & Nat. Resources, 548 S.E.2d 793 (N.C. Ct. App. 2001). · cites it 2× “The Superior Court, held that the “agency’s conclusion[s] of law and decision are unsupported by substantial evidence admissible under G.S. 150B-29(a), 150B-30, or 150B-31 in view of the entire record as submitted and are arbitrary or capricious .”

Mooresville Hosp. Mgmt. Assocs., Inc. v. North Carolina Dep't of Health & Human Servs., 611 S.E.2d 431 (N.C. Ct. App. 2005). · cites it 6× “It may also reverse or modify the agency's decision if the substantial rights of the petitioners may have been prejudiced because the agency's findings, inferences, conclusions, or decisions are: (1) In violation of constitutional provisions; (2) In excess of the statutory…”

Rittelmeyer v. Univ. of N. Carolina at Chapel Hill, 799 S.E.2d 378 (N.C. Ct. App. 2017). · cites it 2× “the petitioners may have been prejudiced because the findings, inferences, conclusions, or decisions are: (1) In violation of constitutional provisions; (2) In excess of the statutory authority or jurisdiction of the agency or administrative law judge; (3) Made upon unlawful…”

Total Renal Care of North Carolina, LLC v. North Carolina Dep't of Health & Human Servs., 615 S.E.2d 81 (N.C. Ct. App. 2005). · cites it 2× “The final agency decision shall recite and address all of the facts set forth in the recommended decision not adopted by the agency, the agency shall state the specific reason, based on the evidence, for not adopting the findings of fact and the agency’s findings shall be…”

Blackburn v. N.C. Dep't of Pub. Saf., 784 S.E.2d 509 (N.C. Ct. App. 2016). “etitioners may have been prejudiced because the findings, inferences, conclusions, or decisions are: (1) In violation of constitutional provisions; (2) In excess of the statutory authority or jurisdiction of the agency or administrative law judge; (3) Made upon unlawful…”

Show all 165 citing cases →

— N.C. Gen. Stat. § 150B-29(a) — 159 cases

Harris v. N.C. Dep't of Pub. Saf., 798 S.E.2d 127 (N.C. Ct. App. 2017). “It may also reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the findings, inferences, conclusions, or decisions are: (1) In violation of constitutional provisions; (2) In excess of the statutory authority or…”

N.C. Dep't of Pub. Saf. v. Ledford, 786 S.E.2d 50 (N.C. Ct. App. 2016). “" N.C. Gen.Stat. § 150B-29(a). Title 26, Chapter 3 of the North Carolina Administrative Code governs the procedures to be followed during OAH hearings and provides that an ALJ "may admit all evidence that has probative value.”

Overcash v. North Carolina Dep't of Env't & Nat. Resources, 635 S.E.2d 442 (N.C. Ct. App. 2006). “) See also N.C. Gen. Stat. § 150B-29(a) (2005) (“The party with the burden of proof in a contested case must establish the facts required by G.”

North Carolina Dep't of Revenue v. Bill Davis Racing, 684 S.E.2d 914 (N.C. Ct. App. 2009). “claim Lee Act tax credits;” that “[t]he penalties were properly assessed by the Department in this matter;” that “the Secretary properly waived 50% of the assessed penalties under the good compliance provisions contained in the Department’s penalty waiver policy;” that “[t]he…”

Mission Hospitals, Inc. v. N.C. Dep't of Health & Human Servs., 658 S.E.2d 277 (N.C. Ct. App. 2008). “§ 150B-33) and the North Carolina Rules of Evidence (N.C. Gen. Stat. § 150B-29), the Act does not adopt the Code of Judicial Conduct, which governs General Court proceedings and communications among the parties.”

— N.C. Gen. Stat. § 150B-29(b) — 4 cases

Eury v. Nc Emp. Sec. Com'n, 446 S.E.2d 383 (N.C. Ct. App. 1994).

Eury v. North Carolina Emp. Sec. Comm'n, 446 S.E.2d 383 (N.C. Ct. App. 1994).

Homoly v. North Carolina State Bd. of Dental Examiners, 468 S.E.2d 481 (N.C. Ct. App. 1996).

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