12 NCAC 09A .0107          RULE‑MAKING AND ADMINISTRATIVE HEARING PROCEDURES

(a)  In addition to the procedures set out in G.S. 150B-20, Petitions for Rule-Making shall be submitted to the Commission and shall contain:

(1)           petitioner's name, address and telephone number;

(2)           a draft of the proposed rule or rule change;

(3)           the reason for its proposal;

(4)           the effect of the proposal on existing rules or decisions;

(5)           data supporting the proposal;

(6)           practices likely to be affected by the proposal; and

(7)           a list or description of persons likely to be affected by the proposed rule.

(b)  Administrative hearings in contested cases conducted by the Commission or an Administrative Law Judge (as authorized in G.S. 150B-40) shall be governed by:

(1)           procedures set out in Article 3A of G.S. 150B;

(2)           insofar as relevant, the Rules of Civil Procedure as contained in G.S. 1A-1;

(3)           insofar as relevant, the General Rules of Practice for the Superior and District Courts as authorized by G.S. 7A-34 and found in the Rules Volume of the North Carolina General Statutes.

(c)  The rules establishing procedures for contested cases adopted by the Office of Administrative Hearings as contained in Title 26, Chapter 3 of the North Carolina Administrative Code are hereby incorporated by reference for contested cases for which this agency has authority to adopt rules under G.S. 150B-38(h).  All such incorporations by reference shall automatically include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6.

(d)  If the case is conducted under G.S. 150B-40(b), the presiding officer shall have the powers and duties given to the Chief Administrative Law Judge or the presiding Administrative Law Judge in Title 26, Chapter 3 of the North Carolina Administrative Code.

(e)  Pursuant to G.S. 17C-11(b), an applicant for certification or a certified officer shall have 30 days from the date of receipt of a notice of proposed action by the Commission to request a contested case hearing.

 

History Note:        Authority G.S. 17C-6; 150B-20; 150B-21.6; 150B-38(h); 150B-40;

Eff. January 1, 1981;

Amended Eff. April 1, 2009; November 1, 1993; July 1, 1988; April 1, 1984;

Pursuant to G.S. 150B-33(b)(9), Administrative Law Judge Donald W. Overby declared Paragraph (d) of this rule void as applied in Curtis Canty v. NC Criminal Justice Education and Training Standards Commission (14 DOJ 01202).