21 NCAC 18B .0904          ADMINISTRATIVE HEARING PROCEDURES

The rules establishing procedures for contested cases adopted by the Office of Administrative Hearings as contained in Title 26, Chapter 3 of the North Carolina Administrative Code are hereby incorporated by reference, including subsequent amendments and editions, for contested cases for which the Board has authority to adopt rules under G.S. 150B‑38(h).  Provided, however, that if the case is conducted under G.S. 150B‑40(b), the presiding officer shall have the powers and duties given to the Chief Administrative Law Judge or the presiding administrative law judge in Title 26, Chapter 3 of the North Carolina Administrative Code and that 26 NCAC 3 .0101(2), .0102(a)(2), .0103, .0126 and .0128 shall not apply.  Copies of Title 26, Chapter 3 of the North Carolina Administrative Code are on file in the Board's office and may be obtained therefrom at the Board's actual cost of copying and mailing.

History Note:        Authority G.S. 87‑42; 87‑47; 150B‑21.6; 150B‑38(h);

Eff. October 1, 1988;

Amended Eff. May 1, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.