09 NCAC 06B .1121          final agency decision; OFFICIAL RECORD

(a)  A copy of any decision or order shall be served as in the manner provided by G.S. 150B-42(a).  The cost of the service, fees, and expenses for any witnesses or documents subpoenaed shall be paid in accordance with G.S. 150B-39(c) and G.S. 7A-314.

(b)  The official record of a contested case is available for public inspection during the agency's business hours except for those portions, if any, that the hearing officer ordered sealed as consistent with applicable law.

(c)  The hearing officer may, consistent with law, order part or all of an official record sealed.

(d)  The official record shall be prepared in accordance with G.S. 150B-42.

(e)  Contested case hearings shall be recorded either by a recording system or a court reporter using stenomask or stenotype.

(f)  Costs for a court reporter's services including transcript costs and other copying costs incurred shall be charged to or apportioned equally among the party or parties requesting a transcript or copies of other records.

(g)  A 24-hour hearing cancellation notice is required in all cases. The party or parties responsible for the cancellation shall be liable for any cancellation fees.

(h)  Transcripts of proceedings during which oral evidence is presented shall be made only upon request of a party. Transcript costs shall include the cost of an original. An attorney requesting a transcript on behalf of a party is a guarantor of payment of the cost. Cost shall be determined under supervision of the hearing officer who may require an advance security deposit to cover the prospective cost. The security deposit shall be applied to the actual cost and any excess shall be returned to the party that submitted it.

(i)  Copies of tapes or other transcript media used (e.g., CDs) are available upon written request at a cost of five dollars ($5.00) per tape or CD.

(j)  Copies of the hearing audio recordings, or non-ITS certified transcripts from those audio recordings are not part of the official record.


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

Temporary Adoption Eff. January 1, 2000;

Eff. August 1, 2000;

Amended Eff. March 1, 2001;

Recodified from 09 NCAC 06B .1029 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.