SECTION .0200 ‑ APPEALS

12 NCAC 04G .0201          NOTICE OF VIOLATION

(a)  Upon determination that a violation of these procedures has occurred, written notice of the violation shall be sent by certified mail, return receipt requested to the offending agency or employee.  The notice shall inform the party of his appeal rights as provided in Paragraph (b) of this Rule and shall also contain the citation of the specific administrative rule alleged to have been violated.

(b)  An operator, or an agency found to be in violation of these Rules may request an informal hearing before the Advisory Policy Board or may appeal directly to OAH by filing a petition for a contested case.  A request for an informal hearing must be in writing and submitted to the SBI Assistant Director for DCI within 15 days from the date of notification of violation.  A petition for a contested case must be filed with OAH within 60 days in accordance with G.S. 150B‑23(f).  DCI shall notify the offending agency or employee of the results of the informal hearing within two weeks following the hearing and inform the parties of their rights of appeal under G.S. 150B‑23.

History Note:        Authority G.S. 114‑10; 114‑10.1; 150B‑3(b); 150B‑23(f);

Eff. November 1, 1991;

Amended Eff. December 1, 1992.