(a) When acting as a court of record, the Commission shall apply the rules of evidence applicable in civil actions in the superior court, insofar as practicable, but no decision or order of the Commission shall be made or entered in any such proceeding unless the same is supported by competent material and substantial evidence upon consideration of the whole record. Oral evidence shall be taken on oath or affirmation. The rules of privilege shall be effective to the same extent that they are now or hereafter recognized in civil actions in the superior court. The Commission may exclude incompetent, irrelevant, immaterial and unduly repetitious or cumulative evidence. All evidence, including records and documents in the possession of the Commission of which it desires to avail itself, shall be made a part of the record in the case by definite reference thereto at the hearing. Any party introducing any document or record in evidence by reference shall bear the expense of all copies required for the record in the event of an appeal from the Commission's order. Every party to a proceeding shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues, to impeach any witness regardless of which party first called such witness to testify and to rebut the evidence against him. If a party does not testify in his own behalf, he may be called and examined as if under cross-examination.
(b) The Commission may take judicial notice of its decisions, the annual reports of public utilities on file with the Commission, published reports of federal regulatory agencies, the decisions of State and federal courts, State and federal statutes, public information and data published by official State and federal agencies and reputable financial reporting services, generally recognized technical and scientific facts within the Commission's specialized knowledge, and such other facts and evidence as may be judicially noticed by justices and judges of the General Court of Justice. When any Commission decision relies upon such judicial notice of material facts not appearing in evidence, it shall be so stated with particularity in such decision and any party shall, upon petition filed within 10 days after service of the decision, be afforded an opportunity to contest the purported facts noticed or show to the contrary in a rehearing set with proper notice to all parties; but the Commission may notify the parties before or during the hearing of facts judicially noticed, and afford at the hearing a reasonable opportunity to contest the purported facts noticed, or show to the contrary. (1949, c. 989, s. 1; 1959, c. 639, s. 2; 1963, c. 1165, s. 1; 1973, c. 108, s. 21.)
Notes of Decisions
State Ex Rel. Utils. Comm'n v. Carolina Util. Customers Ass'n, Inc., 446 S.E.2d 332 (N.C. 1994).
· cites it 6× “CUCA contends that these bare expressions of opinion of various witnesses are not sufficient to support the Commission’s finding that the introduction of natural gas facilities into the areas would “reasonably be expected to assist in the economic development of unserved areas.”
State ex rel. Utils. Comm'n v. Carolina Indus. Grp. for Fair Util. Rates, 503 S.E.2d 697 (N.C. Ct. App. 1998).
· cites it 6× “N.C. Gen. Stat. § 62-65 (1989). Furthermore, under Rule 201 of the North Carolina Rules of Evidence, the Commission, sitting as a trial tribunal, may judicially notice facts that are “not subject to reasonable dispute in that [they are] either (1) generally known within the…”
State v. Watson, 812 S.E.2d 392 (N.C. Ct. App. 2018).
· cites it 2× “" N.C. Gen. Stat. § 62-65 (b) (2015). We have also held that questions relating to criminal custody and dates of incarceration may warrant the taking of judicial notice of such facts.”
In Re a Filing by the North Carolina Auto. Rate Admin. Off., 180 S.E.2d 155 (N.C. 1971).
· cites it 3× “The obvious reason for the exclusion is that substantially the same provision is made applicable to the Utilities Commission by G.S. § 62-65. If the Commissioner can order a rate increase on the basis of evidence not admissible in the Superior Court, in a proceeding in which the…”
Dennis v. Duke Power Co., 459 S.E.2d 707 (N.C. 1995).
· cites it 3× “See N.C.G.S. § 62-65(a) *104 (1989) (“The Commission may exclude incompetent, irrelevant, immaterial and unduly repetitious or cumulative evidence.”
Dennis v. Duke Power Co., 442 S.E.2d 104 (N.C. Ct. App. 1994).
· cites it 6× “G.S. 62-65 provides: (a) When acting as a court of record, the Commission shall apply the rules of evidence applicable in civil actions in the superior court, insofar as practicable, but no decision or order of the Commission shall be made or entered in any such proceeding…”
State ex rel. North Carolina Utils. Comm'n v. New Hope Road Water Co., 102 S.E.2d 377 (N.C. 1958).
· cites it 3× “” The Commission has no jurisdiction over these respondents unless they are public utilities within the meaning of GS 62-65 (e) 2. GS 62-27. Moreover, the General Assembly has vested in the courts of this State the power to review proceedings before the Commission and to…”
In re Petition of Utils., Inc., 555 S.E.2d 333 (N.C. Ct. App. 2001).
· cites it 3× “In its Order, however, the Commission carefully analyzed its own prior decisions, see N.C.G.S. § 62-65 (1999) (Commission may take judicial notice of its opinions), and determined it had not articulated a single, definitive test for resolving acquisition adjustment issues in…”
State Ex Rel. Utils. Comm'n v. Springdale Estates Ass'n, 265 S.E.2d 647 (N.C. Ct. App. 1980).
“G.S. 62-65(a): When acting as a court of record, the Commission shall apply the rules of evidence applicable in civil actions in the superior court, insofar as practicable, but no decision or order of the Commission shall be made or entered in any such proceeding unless the same…”
— N.C. Gen. Stat. § 62-65(a) — 8 cases
State Ex Rel. Utils. Comm'n v. Carolina Util. Customers Ass'n, Inc., 446 S.E.2d 332 (N.C. 1994).
“CUCA contends that these bare expressions of opinion of various witnesses are not sufficient to support the Commission’s finding that the introduction of natural gas facilities into the areas would “reasonably be expected to assist in the economic development of unserved areas.”
Dennis v. Duke Power Co., 459 S.E.2d 707 (N.C. 1995).
“See N.C.G.S. § 62-65(a) *104 (1989) (“The Commission may exclude incompetent, irrelevant, immaterial and unduly repetitious or cumulative evidence.”
State Ex Rel. Utils. Comm'n v. Springdale Estates Ass'n, 265 S.E.2d 647 (N.C. Ct. App. 1980).
“G.S. 62-65(a): When acting as a court of record, the Commission shall apply the rules of evidence applicable in civil actions in the superior court, insofar as practicable, but no decision or order of the Commission shall be made or entered in any such proceeding unless the same…”
— N.C. Gen. Stat. § 62-65(b) — 2 cases
State ex rel. Utils. Comm'n v. Carolina Indus. Grp. for Fair Util. Rates, 503 S.E.2d 697 (N.C. Ct. App. 1998).
“N.C. Gen. Stat. § 62-65 (1989). Furthermore, under Rule 201 of the North Carolina Rules of Evidence, the Commission, sitting as a trial tribunal, may judicially notice facts that are “not subject to reasonable dispute in that [they are] either (1) generally known within the…”
— N.C. Gen. Stat. § 62-65(e) — 2 cases
State ex rel. North Carolina Utils. Comm'n v. New Hope Road Water Co., 102 S.E.2d 377 (N.C. 1958).
“” The Commission has no jurisdiction over these respondents unless they are public utilities within the meaning of GS 62-65 (e) 2. GS 62-27. Moreover, the General Assembly has vested in the courts of this State the power to review proceedings before the Commission and to…”
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