(a)  The Appeals Section shall mail notice of the hearing to each party at least 14 days before the hearing date, unless a party elects to receive notices by electronic transmission pursuant to 04 NCAC 24A .0103.

(b)  A party who elects to receive correspondence and notices by electronic transmission shall receive an email notification that the hearing notice, documents, or other information are available for electronic retrieval, along with instructions for retrieval.

(c)  Notice of the hearing shall include:

(1)           the determination appealed;

(2)           the appealing party;

(3)           the time of the hearing;

(4)           the date of the hearing;

(5)           if requested at the time of filing the appeal, the physical location of an in-person hearing;

(6)           the telephone number of each party for telephone hearings;

(7)           each issue, with statutory reference, to be heard and decided;

(8)           the name and contact information of the designated Appeals Referee;

(9)           the manner by which witnesses may offer evidence and participate in the hearing;

(10)         each party's right to legal representation;

(11)         instructions for requesting a rescheduling of the hearing;

(12)         each party's right and instructions for requesting the issuance of a subpoena for the production of records or individuals to appear to testify;

(13)         instructions on how to request an in-person hearing; and

(14)         instructions on how to give evidence for a hearing.

(d)  The determination, the written appeal, and any additional documents provided to the Appeals Section by either party shall accompany the hearing notice.


History Note:        Authority G.S. 96-4; 96-15;

Eff. July 1, 2015;

Amended Eff. September 1, 2017.