North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0429 - EVIDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The North
				Carolina Rules of Evidence as found in Chapter 8C of the General Statutes
				govern in all contested case proceedings, except as provided otherwise in this
				Section and
				G.S.
				150B-41.
(b) The hearing officer may admit all
				evidence that has probative value. Irrelevant, incompetent, immaterial, or
				unduly repetitious evidence shall be excluded. In accordance with Rule 403 of
				the N.C. Rules of Evidence, the hearing officer may, in his discretion, exclude
				any evidence if its probative value is substantially outweighed by the danger
				of unfair prejudice, confusion of the issues, or by considerations of undue
				delay, waste of time, or needless presentation of cumulative
				evidence.
(c) Contemporaneous
				objections by a party or a party's attorney are not required in the course of a
				hearing to preserve the right to object to the consideration of evidence by the
				hearing officer in reaching a decision or by the court upon judicial
				review.
(d) All evidence to be
				considered in the case, including all records and documents or true and
				accurate photocopies thereof, shall be offered and made a part of the record in
				the case. Except as provided in Paragraph (f) of this Rule, factual information
				or evidence that is not offered shall not be considered in the determination of
				the case. Documentary evidence incorporated by reference may be admitted only
				if the materials so incorporated are available for examination by the
				parties.
(e) Documentary evidence
				in the form of copies or excerpts may be received in the discretion of the
				hearing officer or upon agreement of the parties. Copies of a document shall be
				received to the same extent as the original document unless a genuine question
				is raised about the accuracy or authenticity of the copy or, under the
				circumstances, it would be unfair to admit the copy instead of the
				original.
(f) The hearing officer
				may take notice of judicially cognizable facts by entering a statement of the
				noticed fact and its source into the record. Upon a timely request, any party
				shall be given the opportunity to contest the facts so noticed through
				submission of evidence and argument.
(g) A party may call an adverse party, or an
				officer, director, managing agent, or employee of the State or any local
				government, of a public or private corporation, or of a partnership or
				association or body politic that is an adverse party; and may interrogate that
				party by leading questions and may contradict and impeach that party on
				material matters in all respects as if that party had been called by the
				adverse party. The adverse party may be examined by that party's counsel upon
				the subject matter of that party's examination in chief under the rules
				applicable to direct examination, and may be cross-examined, contradicted, and
				impeached by any other party adversely affected by the testimony.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Amended Eff. May 1, 2008; August 1,
				  2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.