04 NCAC 24F .0203          ORAL ARGUMENTS

(a)  Oral arguments before the Board of Review shall be granted at the discretion of the Board of Review.

(b)  A written request for oral arguments shall:

(1)           be directed to the Board of Review pursuant to 04 NCAC 24A .0104(v).

(2)           be received within 15 days of the date on the notice acknowledging receipt of an appeal from the Appeals Decision; and

(3)           contain a statement that a copy of the request was mailed or personally delivered to the opposing party, if one exists.

(c)  If the request is granted, the Board of Review shall give written notice to each interested party to appear for oral arguments.

(d)  Notice to appear before the Board of Review to present oral arguments shall contain:

(1)           the Higher Authority Decision docket number;

(2)           the issue identification or Appeals Decision docket number;

(3)           the identity of the party requesting oral arguments;

(4)           the right of the non-requesting party to appear and present oral arguments;

(5)           the date and time for oral arguments;

(6)           the physical address of the location where oral arguments are scheduled to be held; and

(7)           each party's right to legal representation.

(e)  The notice to appear for oral arguments shall be provided to each party by mail or electronic transmission at least 14 calendar days before the date scheduled for arguments in accordance with 04 NCAC 24A .0103.

(f)  Any request to reschedule oral arguments shall be for good cause as defined in 04 NCAC 24A .0105, and sent to the Board of Review pursuant to 04 NCAC 24A .0104(v), and to each party to the proceeding by personal service, mail, electronic transmission, or delivery service as defined under 04 NCAC 24A .0105. A request to reschedule oral arguments shall state each reason for the request.


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

Eff. July 1, 2015;

Recodified from 04 NCAC 24C .0503 Eff. October 1, 2017;

Amended Eff. July 1, 2018.