11 NCAC 01 .0413             DEFINITIONS

The definitions contained in G.S. 150B‑2 are incorporated in this Section by reference. In addition to those definitions, the following definitions apply to this Section:

(1)           "File or filing" means to place or the placing of the paper or item to be filed into the care and custody of the hearing officer, and acceptance thereof by him. All documents filed with the hearing officer, except exhibits, shall be in duplicate in letter size 8 1/2" by 11".

(2)           "Hearing officer" means the Commissioner, a member of the Commissioner's staff appointed by the Commissioner under G.S. 58‑2‑55, or an administrative law judge assigned under G.S. 58-2-55.

(3)           "Party" means the Department, the licensee, or an intervenor who qualifies under 11 NCAC 1 .0425.

(4)           "Service or serve" means personal delivery or, unless otherwise provided by law or rule, delivery by first class United States Postal Service mail or a licensed overnight express mail service, postage prepaid and addressed to the person to be served at his or her last known address. A certificate of service by the person making the service shall be appended to every document requiring service under this Section. Service by mail or licensed overnight express mail is complete upon placing the item to be served, enclosed in a wrapper addressed to the person to be served, in an official depository of the United States Postal Service; or postage prepaid and wrapped in a wrapper addressed to the person to be served, to an agent of the overnight express mail service.

History Note:        Authority G.S. 58‑2‑40(1); 58‑2‑50; 58‑2‑55; 58‑2‑70; 150B‑38(h);

Eff. July 1, 1992;

Amended Eff. April 1, 1995;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019.