12 NCAC 10B .0105          ADMINISTRATIVE HEARING PROCEDURES

(a)  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.

(b)  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 and shall automatically include any later amendments and editions of the referenced materials as provided by G.S. 150B‑21.6.  Copies of these Rules may be obtained from the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447 at a cost of three dollars and forty cents ($3.40) per copy at the time of amendment of this Rule.

(c)  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.

(d)  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. 17E-9(b); 150B‑20; 150B‑21.6; 150B‑38(h); 150B‑40;

Eff. January 1, 1989;

Amended Eff. January 1, 1996; January 1, 1994.