10A NCAC 67A .0205       APPEAL DECISION

(a)  The hearing officer shall make a tentative decision which shall be served upon the county department and the appellant by mail.  Decisions proposing to reverse the county department's action shall be sent by certified mail to the county department while decisions affirming the county department's actions will be sent by certified mail to the appellant.

(b)  The county and the appellant may present oral and written argument, for and against the decision.  Written argument may be submitted to or contact made with the Chief Hearing Officer to request a hearing for oral argument.

(c)  If the Chief Hearing Officer is not contacted within 10 calendar days of the date of the notice of the tentative decision, the tentative decision shall become final.

(d)  If the party that requested oral argument fails to appear at the hearing for oral argument, the tentative decision becomes final.

(e)  A decision upholding the appellant shall be put into effect within two weeks after receipt of the final decision.


History Note:        Authority G.S. 108A‑79; 143B‑153;

Eff. October 1, 1981;

Amended Eff. March 1, 1992; February 1, 1986.