09 NCAC 06B .1107          DUTIES OF THE HEARING OFFICER

(a)  In conjunction with the powers in this Section, in Article 3D of Chapter 147 of the General Statutes and in G.S. 150B, Article 3A the hearing officer shall perform the following duties, consistent with law and as recommendations to the State CIO, if the hearing officer is not the State CIO:

(1)           Hear and rule on motions;

(2)           Grant or deny continuances;

(3)           Issue orders regarding prehearing matters, including directing the appearance of the parties at a prehearing conference;

(4)           Examine witnesses when deemed to be necessary to make a complete record and to aid in the full development of material facts in the case;

(5)           Make preliminary, interlocutory, or other orders as deemed to be appropriate;

(6)           Recommend a summary disposition of the case or any part thereof when there is no genuine issue as to any material fact or recommend dismissal when the case or any part thereof has become moot or for other reasons; and

(7)           Apply sanctions in accordance with Rule .1114 of this Section.

(b)  Recommended final agency decision.  If an appointed hearing officer presides over any hearing, the hearing officer shall issue a written recommended final agency decision.  The appointed hearing officer shall serve a copy of the recommended final agency decision upon all parties and the State CIO.  Upon review of the recommended decision issued by the appointed hearing officer, the State CIO may adopt, modify or vacate the recommended decision and notify the parties.  The State CIO shall make the final agency decision.

(c)  Hearing conducted by the State CIO.  In lieu of assigning a hearing officer to preside over any hearing, the State CIO may conduct the hearing.  After the time for the filing of proposed findings of fact and conclusions of law by the parties expires, the State CIO shall issue a final agency decision.

(d)  The recommended decision of the hearing officer, if any, and the decision of the State CIO shall be in writing and shall include findings of fact and conclusions of law.  The report, decision or determination of the State CIO upon review shall be final unless further appeal is made to the courts under the provisions of Chapter 150B of the General Statutes.

History Note:        Authority G.S. 147-33.76(b1); 150B-38(h);

Temporary Adoption Eff. January 1, 2000;

Eff. August 1, 2000;

Amended Eff. March 1, 2001;

Recodified from 09 NCAC 06B .1015 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.