11 NCAC 01 .0416             DUTIES OF THE HEARING OFFICER

In conjunction with the powers in this Section, in General Statute Chapter 58, and in Article 3A of General Statute Chapter 150B, the hearing officer shall perform the following duties, consistent with law:

(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)           Order 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 11 NCAC 01 .0423.

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. August 1, 2004;

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