04 NCAC 24C .0209         CONDUCT OF HEARINGS

(a)  Consistent with G.S. 96-15(f), all hearings shall be conducted in a manner to preserve the substantial rights of the parties.

(1)           The parties to an appeal before an Appeals Referee have the right to present relevant and material evidence as determined by the Appeals Referee.

(2)           The Appeals Referee may ask questions to develop the record as to the relevant facts, circumstances, and issues presented at the hearing.

(3)           The Appeals Referee may examine parties and witnesses, and shall allow cross-examination to the extent necessary to afford the parties due process.

(4)           All issues relevant to the appeal shall be considered and ruled upon.

(b)  The Appeals Referee shall give each party 10 minutes from the time of the scheduled hearing to appear for the hearing.  If the appealing party fails to appear at the hearing and a continuance had not been previously granted the Appeals Referee shall issue an Appeals Decision dismissing the appeal.

(c)  A party desiring to introduce documents or other evidence at a hearing shall provide an authenticated copy plus one copy for the Appeals Referee to include in the official record, and a copy to each party to the proceeding.  Documents or other evidence shall be provided to the opposing party prior to the hearing.

(d)  A party offering numerous documents into evidence shall prepare a list of documents in the order of their presentation.  The list shall be provided to the Appeals Referee and opposing party before the hearing, to become part of the official hearing record. 

(e)  Official notice may be taken of all facts for which judicial notice may be taken and of other facts within the specialized knowledge of the DES.  The official notice and its source shall be stated on the record and made known to the parties at the earliest practicable time.  A party shall be given an opportunity to dispute the noticed fact by argument and submission of evidence.


History Note:        Authority G.S. 96-4; 96-15; 20 CFR 650.2;

Eff. July 1, 2015.