10A NCAC 21A .0302      GOOD CAUSE FOR DELAYED HEARINGS

(a)  A local appeal hearing under G.S. 108A-79 shall be delayed as provided in G.S. 108-79(e) for good cause.

(b)  A State appeal hearing under G.S. 108A-79 may be delayed when there is good cause. The postponement shall not exceed 30 calendar days.

(c)  For purposes of this Rule, good cause exists when:

(1)           there is a death in the appellant's family;

(2)           the appellant or someone in his or her family is ill;

(3)           the appellant is unable to obtain representation;

(4)           the appellant's representative has a conflict with the scheduled date;

(5)           the appellant receives a notice of action proposing a reduction or termination of assistance after the ten business day notice expires;

(6)           the appellant is unable to obtain transportation; or

(7)           the hearing officer determines that the hearing should be delayed for some other reason in the interests of justice or to promote judicial economy.

History Note:        Authority G.S. 108A‑54; 108A-54.1B; 108A‑79;

Eff. September 1, 1984;

Amended Eff. August 1, 1990;

Readopted Eff. July 1, 2018.