09 NCAC 06C .0109          HEARINGS

(a)  The following, if aggrieved pursuant to G.S. 62A in connection with any action by the Board, may request a hearing before the Board:

(1)           A PSAP; or

(2)           A service provider.

(b)  A request for a hearing shall be made in writing to the Executive Director of the Board and shall be filed within 30 calendar days after the aggrieved party knows or should have known of the facts giving rise to the request.  A request for hearing is considered filed when physically received by the Executive Director.  Requests filed after the 30 calendar day period shall not be considered.  To expedite handling of requests, the envelope shall be labeled "911 Funds Request for Hearing."  The written request shall include the following:

(1)           The name and address of the party;

(2)           The action of the Board;

(3)           A statement of reasons for the hearing; and

(4)           Supporting exhibits, evidence, or documents necessary to substantiate the party's complaint.

Requests for hearing shall be sent to the Executive Director at the address listed in .0102 of this Section.

(c)  Following review of the information set forth in Paragraph (b) of this Rule, if the Board determines it needs additional information, it shall request the information from the aggrieved party.  Any additional information requested by the Board shall be submitted at the address listed in Rule .0102 of this Section within the time periods established by this Paragraph in order to expedite consideration of the request.  Failure of the aggrieved party to comply with a request for information by the Board within 60 days shall result in resolution of the request without consideration of that information.

(d)  A decision on a request shall be made by the Board within 120 days after receiving all relevant requested information.


History Note:        Authority G.S. 62A-42; 62A-48;

Eff. July 1, 2016.