Terms Used In North Carolina General Statutes > Chapter 150B > Article 3A - Other Administrative Hearings

• Administrative law judge: A person appointed under N. See North Carolina General Statutes 150B-2
• Adopt: To take final action to create, amend, or repeal a rule. See North Carolina General Statutes 150B-2
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: An agency or an officer in the executive branch of the government of this State. See North Carolina General Statutes 150B-2
• Contested case: An administrative proceeding pursuant to this Chapter to resolve a dispute between an agency and another person that involves the person's rights, duties, or privileges, including licensing or the levy of a monetary penalty. See North Carolina General Statutes 150B-2
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
• Hearing officer: A person or group of persons designated by an agency that is subject to Article 3A of this Chapter to preside in a contested case hearing conducted under that Article. See North Carolina General Statutes 150B-2
• in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
• Licensing: Any administrative action issuing, failing to issue, suspending, or revoking a license or occupational license. See North Carolina General Statutes 150B-2
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Party: Any person or agency named or admitted as a party or properly seeking as of right to be admitted as a party and includes the agency as appropriate. See North Carolina General Statutes 150B-2
• Person: Any natural person, partnership, corporation, body politic, and any unincorporated association, organization, or society that may sue or be sued under a common name. See North Carolina General Statutes 150B-2
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Policy: Any nonbinding interpretive statement within the delegated authority of an agency that merely defines, interprets, or explains the meaning of a statute or rule. See North Carolina General Statutes 150B-2
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
• Rule: Any agency regulation, standard, or statement of general applicability that implements or interprets an enactment of the General Assembly or Congress or a regulation adopted by a federal agency or that describes the procedure or practice requirements of an agency. See North Carolina General Statutes 150B-2
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• Subpoena: A command to a witness to appear and give testimony.
• Substantial evidence: Relevant evidence a reasonable mind might accept as adequate to support a conclusion. See North Carolina General Statutes 150B-2
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• Venue: The geographical location in which a case is tried.