18 NCAC 06C .0107          CONDUCT OF HEARING

(a)  Scope.  This Rule applies to all hearings under G.S. 150B, Article 3A, conducted by the Administrator or a hearing officer designated by the Administrator.  Hearings referred to the Office of Administrative Hearings ("OAH") are governed by the rules adopted by OAH.  This Rule also applies to all other hearings which the Administrator is required to conduct and which are not by law required to be heard by OAH.

(b)  Discovery.  All discovery shall be conducted pursuant to G.S. 150B-39.

(c)  Continuances.  A motion for the continuance of a scheduled hearing shall be:

(1)           made in writing;

(2)           filed with the Administrator at least 10 business days prior to the scheduled hearing; and

(3)           served upon the opposing party or counsel.

(d)  Evidence.  Evidence introduced at a hearing conducted under these rules shall conform to G.S. 150B-41.  The Administrator or the hearing officer designated by the Administrator shall rule upon the objections of any party to the admission of evidence.

(e)  Subpoenas.

(1)           If a party to a contested case seeks to have witnesses or documents subpoenaed to the hearing, the party or counsel shall submit a written request for the issuance of subpoenas to the Administrator or designated hearing officer in sufficient time in advance of the hearing for preparation and issuance of the subpoenas by the Administrator or designated hearing officer.

(2)           Service of a subpoena issued shall be the responsibility of the party requesting the subpoena.  Service and return of service shall be made in the manner provided for in G.S. 1A-1, Rule 4.

(3)           The Administrator or designated hearing officer shall issue a subpoena that complies with G.S. 1A-1, Rule 45.

(4)           Any party or person served with a subpoena issued under this subsection who objects to the subpoena shall make and file the written objection required by G.S. 1A-1, Rule 45, with the Administrator or hearing officer assigned to the case.

(f)  The conduct of the hearing shall conform to G.S. 150B-40.


History Note:        Authority G.S. 78A-18; 78A-29; 78A-30; 78A-39; 78A-46; 78A-47; 78A-49; 78C-19; 78C-27; 78C-28; 78C-30; 78C-90; 78C-91; 78D-4; 78D-21; 78D-22; 78D-25; 78D-26; 78D-27; 78D-30; 105-163.013; 150B-38; 150B-40;

Eff. April 1, 2009;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.