§ 150B-34. Decision of administrative law judge.
§ 150B‑34. Decision of administrative law judge.
(a) Except as provided in G.S. 150B‑36(c), and subsection(c) of this section, in each contested case the administrative law judge shallmake a decision that contains findings of fact and conclusions of law andreturn the decision to the agency for a final decision in accordance with G.S.150B‑36. The administrative law judge shall decide the case based uponthe preponderance of the evidence, giving due regard to the demonstratedknowledge and expertise of the agency with respect to facts and inferenceswithin the specialized knowledge of the agency. All references in this Chapterto the administrative law judge's decision shall include orders enteredpursuant to G.S. 150B‑36(c).
(b) Repealed by Session Laws 1991, c. 35, s. 6.
(c) Notwithstanding subsection (a) of this section, in casesarising under Article 9 of Chapter 131E of the General Statutes, theadministrative law judge shall make a recommended decision or order thatcontains findings of fact and conclusions of law. A final decision shall bemade by the agency in writing after review of the official record as defined inG.S. 150B‑37(a) and shall include findings of fact and conclusions oflaw. The final agency decision shall recite and address all of the facts setforth in the recommended decision. For each finding of fact in the recommendeddecision 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'sfindings shall be supported by substantial evidence admissible under G.S. 150B‑29(a),150B‑30, or 150B‑31. The provisions of G.S. 150B‑36(b), (b1),(b2), (b3), and (d), and G.S. 150B‑51 do not apply to cases decided underthis subsection.
(d) Except for the exemptions contained in G.S. 150B‑1(c)and (e), and subsection (c) of this section, the provisions of this sectionregarding the decision of the administrative law judge shall apply only toagencies subject to Article 3 of this Chapter, notwithstanding any otherprovisions to the contrary relating to recommended decisions by administrativelaw judges. (1973, c. 1331, s.1; 1985, c. 746, s. 1; 1987, c. 878, ss. 5, 23; 1987 (Reg. Sess., 1988), c.1111, s. 21; 1991, c. 35, s. 6; 2000‑190, s. 6.)