10a NCAC 26a .0202       DEFINITIONS

As used in this Section, the following terms shall have the meaning specified:

(1)           "Agency" is the Division of Mental Health, Developmental Disabilities and Substance Abuse Services (DMH/DD/SAS) or the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services.

(2)           "Contested case" means any agency proceeding which is an opportunity for an administrative appeal and in which the legal rights, duties or privileges of a party are required by law to be determined. In particular, this includes appeals under the following statutes:

(a)           G.S. 122C‑26 (exceptions to standards established by the Commission);

(b)           G.S. 122C‑24 (appeal from denial or revocation of a license);

(c)           G.S. 122C‑27 (determination of non‑compliance with drug abuse standards); and

(d)           G.S. 122C‑151.2 (appeal from certain divisional actions).

(3)           "Hearing" means a contested case hearing as provided for in G.S. 150B‑22 through G.S. 150B‑37.

(4)           "Hearing officer" is the person appointed by the Director to conduct a hearing in accordance with the provisions of this Section.


History Note:        Authority G.S. 143B‑10; 143B‑147; 150B‑22;

Eff. January 1, 1980;

Amended Eff. April 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015.