§ 150B-33. Powers of administrative law judge.
§ 150B‑33. Powers ofadministrative law judge.
(a) An administrativelaw judge shall stay any contested case under this Article on motion of anagency which is a party to the contested case, if the agency shows bysupporting affidavits that it is engaged in other litigation or administrativeproceedings, by whatever name called, with or before a federal agency, and thisother litigation or administrative proceedings will determine the position, inwhole or in part, of the agency in the contested case. At the conclusion of theother litigation or administrative proceedings, the contested case shallproceed and be determined as expeditiously as possible.
(b) An administrativelaw judge may:
(1) Administer oaths andaffirmations;
(2) Sign, issue, andrule on subpoenas in accordance with G.S. 150B‑27 and G.S. 1A‑1,Rule 45;
(3) Provide for thetaking of testimony by deposition and rule on all objections to discovery inaccordance with G.S. 1A‑1, the Rules of Civil Procedure;
(3a) Rule on allprehearing motions that are authorized by G.S. 1A‑1, the Rules of CivilProcedure;
(4) Regulate the courseof the hearings, including discovery, set the time and place for continuedhearings, and fix the time for filing of briefs and other documents;
(5) Direct the partiesto appear and confer to consider simplification of the issues by consent of theparties;
(6) Stay the contestedaction by the agency pending the outcome of the case, upon such terms as hedeems proper, and subject to the provisions of G.S. 1A‑1, Rule 65;
(7) Determine whetherthe hearing shall be recorded by a stenographer or by an electronic device; and
(8) Enter an orderreturnable in the General Court of Justice, Superior Court Division, to showcause why the person should not be held in contempt. The Court shall have thepower to impose punishment as for contempt for any act which would constitutedirect or indirect contempt if the act occurred in an action pending inSuperior Court.
(9) Determine that arule as applied in a particular case is void because (1) it is not within thestatutory authority of the agency, (2) is not clear and unambiguous to personsit is intended to direct, guide, or assist, or (3) is not reasonably necessaryto enable the agency to fulfill a duty delegated to it by the General Assembly.
(10) Impose the sanctionsprovided for in G.S. 1A‑1 or Chapter 3 of Title 26 of the North CarolinaAdministrative Code for noncompliance with applicable procedural rules.
(11) Order the assessmentof reasonable attorneys' fees and witnesses' fees against the State agencyinvolved in contested cases decided under Chapter 126 where the administrativelaw judge finds discrimination, harassment, or orders reinstatement or backpay.
(12) Except as provided inG.S. 150B‑36(d), accept a remanded case from an agency only when a claimfor relief has been raised in the petition, and the decision of theadministrative law judge makes no findings of fact or conclusions of lawregarding the claim for relief, and the agency requests that the administrativelaw judge make findings of fact and conclusions of law as to the specific claimfor relief. The administrative law judge may refuse to accept a remand if thereis a sufficient record to allow the agency to make a final decision. (1973, c. 1331, s. 1; 1985,c. 746, s. 1; 1987, c. 878, ss. 5, 9, 10, 26; 1987 (Reg. Sess., 1988), c. 1111,ss. 18, 19; 1991, c. 35, s. 5; 2000‑190, s. 5; 2004‑156, s. 4.)