09 NCAC 06B .1105          GENERAL PROVISIONS

The following general provisions apply to this Section:

(1)           The Rules of Civil Procedure as contained in G.S. 1A-1 and the General Rules of Practice for the Superior and District Courts as authorized by G.S. 7A-34 and found in the Rules Volume of the North Carolina General Statutes apply in matters before the hearing officer unless another specific statute or rule provides otherwise.

(2)           ITS may supply, at the cost for copies, forms for use in contested cases.

(3)           Every document filed with the hearing officer shall be signed by the author of the document, and shall contain his name, address, telephone number, and North Carolina State Bar number if the author is an attorney. An original and one copy of each document shall be filed. In any proceeding referred to the Office of Administrative Hearings (OAH) pursuant to G.S. 150B-40, parties shall deliver a copy of each document filed with the OAH to the State CIO.

(4)           Hearings shall be conducted, as nearly as practical, in accordance with the practice in the Trial Division of the General Court of Justice.

(5)           This Section and copies of all matters adopted by reference in this Section are available from ITS at cost.

(6)           The rules of statutory construction contained in Chapter 12 of the General Statutes apply in the construction of this Section. The rules contained in this Section govern the conduct of contested case hearings under Article 3A of Chapter 150B of the General Statutes.

(7)           Unless otherwise provided in a specific statute, time computations in contested cases under this Section are governed by G.S. 1A-1, Rule 6.

(8)           If the State CIO determines that a hearing would assist him or her in reaching a decision, he or she may schedule a hearing, notwithstanding the fact that no request for a hearing has been received.  In such cases the State CIO's written documentation shall be treated as a request for hearing.

(9)           The hearing officer may designate legal counsel as an advisor on matters of law for the benefit of the hearing officer during the proceedings.


History Note:        Authority G.S. 147-33.76(b1); 150B-38(h);

Temporary Adoption Eff. January 1, 2000;

Eff. August 1, 2000;

Amended Eff. March 1, 2001;

Recodified from 09 NCAC 06B .1013 Eff. March 19, 2008;

Amended Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 25, 2015.