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Attachment 6 75 <br /> GENERAL ASSEMBLY OF NORTH CAROLINA <br /> SESSION 2015 <br /> SESSION LAW 2015-286 <br /> HOUSE BILL 765 <br /> AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF <br /> NORTH CAROLINA BY PROVIDING FOR VARIOUS ADMINISTRATIVE <br /> REFORMS, BY ELIMINATING CERTAIN UNNECESSARY OR OUTDATED <br /> STATUTES AND REGULATIONS AND MODERNIZING OR SIMPLIFYING <br /> CUMBERSOME OR OUTDATED REGULATIONS, AND BY MAKING VARIOUS <br /> OTHER STATUTORY CHANGES. <br /> The General Assembly of North Carolina enacts: <br /> PART I. ADMINISTRATIVE REFORMS <br /> REPEAL OBSOLETE STATUTES <br /> SECTION 1.1. The following statutes are repealed: <br /> (1) G.S. 14-197. Using profane or indecent language on public highways; <br /> counties exempt. <br /> (2) G.S. 14-401.8. Refusing to relinquish party telephone line in emergency; <br /> false statement of emergency. <br /> BURDEN OF PROOF IN CERTAIN CONTESTED CASES <br /> SECTION 1.2.(a) Article 3 of Chapter 150B of the General Statutes is amended by <br /> adding a new section to read: <br /> 15013-25.1. Burden of proof. <br /> Caj Except as otherwise provided by law or by this section, the petitioner in a contested <br /> case has the burden of proving the facts alleged in the petition by a preponderance of the <br /> evidence. <br /> In a contested case involving the imposition of civil fines or penalties by a State <br /> agency for violation of the law, the burden of showing by clear and convincing evidence that <br /> the person who was fined actually committed the act for which the fine or penalty was imposed <br /> rests with the State agency. <br /> Ccj The burden of showing by a preponderance of the evidence that a career State <br /> employee subject to Chapter 126 of the General Statutes was discharged, suspended, or <br /> demoted for just cause rests with the a gency employer." <br /> SECTION 1.2.(b) The Joint Legislative Administrative Procedure Oversight <br /> Committee shall study whether there are other categories of contested cases in which the <br /> burden of proof should be placed with the agency. <br /> SECTION 1.2.(c) This section is effective when this act becomes law and applies <br /> to contested cases commenced on or after that date. <br /> LEGISLATIVE APPOINTMENTS <br /> SECTION 1.3.(a) G.S. 120-121 is amended by adding two new subsections to <br /> read: <br /> "U The following applies in any case where the Speaker of the House of <br /> Representatives or the President Pro Tempore of the Senate is directed by law to make a <br /> recommendation for an appointment by the General Assembly, and the legislator is also <br /> directed to make the recommendation in consultation with or upon the recommendation of a <br /> third part3L <br /> The recommendation or consultation is discretionary and is not binding upon <br /> the legislator. <br /> 11111111111111111111 <br /> H <br />