SECTION .0200 ‑ ARBITRATION HEARING: GENERAL PRINCIPLES:  EX‑PARTE HEARINGS: TRANSCRIPTS OR RECORDINGS: OATH OF OFFICE

13 NCAC 04B .0201          GENERAL PRINCIPLES

(a)  The arbitrator appointed by the commissioner shall preside at the hearings. The arbitrator shall provide a fair and adequate hearing which assures that both parties have sufficient opportunity to present their respective arguments and evidence and to cross‑examine witnesses.

(b)  The arbitrator should conform to the various types of hearing procedures desired by the parties. He may:

(1)           encourage stipulation of fact;

(2)           question the parties' representatives or witnesses, when necessary or advisable, to obtain additional pertinent information; and

(3)           request that the parties submit additional information, either at the hearing or by subsequent filing.

(c)  The arbitrator should not intrude into a party's presentation so as to prevent that party from putting on its case fairly and adequately.

History Note:        Authority G.S. 95‑36.3;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.