20 NCAC 03 .0902 HEARING ON CONFORMANCE TO PRIOR APPROVALS
(a) Any party at interest may request from the Commission a hearing on whether a governmental unit, for which the Commission has provided an approval under this Section, has conformed to the terms of the approval so provided under this Section.
(b) In the discretion of the Commission, the Commission may refuse to consider any request which does not specify actual instances of non‑compliance by the governmental unit and provide adequate documentation thereon.
(c) After receiving a valid request for a hearing, the staff shall provide a copy thereof to the governmental unit and request comments and adequate documentation supporting the comments within 20 days of receipt by the governmental unit of the copies of the request.
(d) After receiving the comments of the governmental unit, the staff shall prepare a summary of the request, the rebuttal and any other comments received on the matter. The summary and all other pertinent documentation shall be furnished to the Commission at its next regular meeting. All interested parties which have requested notification shall be provided the opportunity to attend the meeting.
(e) The Commission shall discuss the matter in open meeting and may make one of the following decisions, based on its assessment of the validity of any claims made:
(1) The Commission may require the governmental unit to correct the non‑conformance within a given period not longer than 120 days.
(2) The Commission may require a contested case hearing on the matter, so that it may have a proper evidential record before it, prior to making its final decision.
(3) The Commission may deny the request for hearing on the grounds of lack of substance.
(f) After the end of any corrective period or after the Commission has received the report of the hearing officer of the contested case, the Commission shall again bring the matter before it at a regular meeting. Notice of the meeting shall be provided to all persons represented at the first meeting and all other persons requesting notices of the meeting in writing.
(g) If a request for hearing is denied, no further action may be taken by the staff on the request. A new request may be submitted, if it contains new documentation of substantive instances of non‑conformance.
History Note: Authority G.S. 159‑3(f);
Eff. November 1, 1983.