04 NCAC 24C .0102 EXCEPTION TO TIMELINESS REQUIREMENT
Timeliness sanctions shall be waived when DES or an agent state representative gives misleading information on appeal rights to a party, if the party:
(1) establishes what he or she was told was misleading and how he or she was misled;
(2) identifies, if possible, the individual who misled him or her; and
(3) no written instructions contrary to the misleading information were provided by DES to the party with service of the order being appealed.
History Note: Authority G.S. 96-4; 96-15;
Eff. July 1, 2015.