21 NCAC 02 .0603             REQUEST FOR HEARING

(a)  Any time an individual believes he is a person aggrieved by the Board's administrative action, but has not received notice of a right to an administrative hearing, that individual may file a formal request for a hearing.

(b)  Before an individual may file a request, that individual is encouraged to exhaust all reasonable efforts to resolve the issue informally with the Board.

(c)  Subsequent to such informal action, if still dissatisfied, the individual shall submit a request to the Board's office, with the request bearing the notation:  REQUEST FOR ADMINISTRATIVE HEARING. The request must contain the following information:

(1)        name and address of the petitioner;

(2)        a concise statement of the action taken by the Board which is challenged;

(3)        a concise statement of the way in which the petitioner has been aggrieved; and

(4)        a clear and specific statement of request for a hearing.

(d)  The request shall be acknowledged promptly and, if deemed appropriate by the Board in accordance with Rule .0604 of this Section, a hearing will be scheduled.


History Note:        Authority G.S. 83A‑6; 150B‑11; 150B‑38;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Recodified from 21 NCAC 2 .0602;

Amended Eff. June 1, 1995; June 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.