10A NCAC 68 .0104          HEARINGS

(a)  Any person desiring to present data, views, or arguments orally on the proposed rule may file a request with:

Special Assistant to the Director

Division of Social Services

Department of Health and Human Resources

2401 Mail Service Center

Raleigh, North Carolina 27699-2401

Any person desiring to make an oral presentation may submit a written copy of the presentation to the Special Assistant prior to the hearing, or at the hearing.

(b)  A request to make an oral presentation may contain a brief summary of the requesting person's views with respect to the subject matter, and a statement of the length of time the person intends to speak.

(c)  The Special Assistant shall promptly acknowledge receipt of a request to make an oral presentation and shall inform the requesting person of any limitations deemed necessary to the end of a full and effective public hearing on the proposed rule.

(d)  Any person may file a written submission containing data, comments, or arguments after publication of a rulemaking notice up to and including the day of the hearing, unless a longer period is stated in the particular notice or an extension of time is granted for good cause.  A submission must clearly state the rule or proposed rule to which the comments are addressed and must also include the name and address of the person submitting it. Written submissions must be sent to:

Special Assistant to the Director

Division of Social Services

Department of Health and Human Services

Raleigh, North Carolina 27699-2401

The Special Assistant will promptly acknowledge receipt of all written submissions.

(e)  The presiding officer at the hearing shall have complete control over the proceedings, including:

(1)           the responsibility of having a record made of the proceedings,

(2)           extension of any time allotments,

(3)           recognition of speakers,

(4)           prevention of repetitious presentations, and

(5)           general management of the hearing.

The presiding hearing officer shall assure that each person at the hearing is given a fair opportunity to present views, data, and comments.


History Note:        Authority G.S. 143B‑153; 150B‑12;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.