North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1120 - EVIDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The North
				  Carolina Rules of Evidence as found in G.S. Chapter 8C govern in all contested
				  case proceedings, except as provided otherwise in this Section and
				  G.S.
				  150B-41.
(b) The hearing officer shall admit all
				  evidence that has probative value. Irrelevant, incompetent, immaterial, or
				  unduly repetitious evidence shall be excluded. The hearing officer may, in his
				  discretion, exclude any evidence if its probative value is substantially
				  outweighed by the risk that its admission will require undue consumption of
				  time or create substantial danger of undue prejudice or confusion.
(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 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
				  shall take official notice of standards and policies that have been established
				  by ITS pursuant to Article 3D of Chapter 147 of the General Statutes. The
				  hearing officer may take official notice of additional facts or documents as
				  requested by a party or within the specialized knowledge of the hearing officer
				  by entering a statement of the noticed fact or document and its source into the
				  record.
(g) When the State CIO
				  takes official notice of evidence not in the record when making a final
				  decision, the parties shall be afforded notice and a hearing to present
				  arguments against the consideration of such evidence before a final decision is
				  made.
Authority
					 G.S.
					 150B-38(h);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1028 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.