21 NCAC 14D .0104         PETITION TO REOPEN

(a)  If a hearing is conducted and if a decision is reached in the absence of a party, the party may petition the Board for a reopening of the case.  Petitions will not be granted except when the petitioners show that the reason for failure to appear was justifiable and unavoidable and that fairness and justice require a reopening of the case.

(b)  All petitions for reopening of the case shall be in writing and addressed to the chairman of the Board at it's address, and shall contain the following information:

(1)           the name and address of the petitioner,

(2)           a full identification of the hearing which the petitioner is seeking to reopen, and

(3)           a detailed explanation of the reasons for the petitioner's desire to reopen the hearing.


History Note:        Authority G.S. 150B‑38;

Eff. February 1, 1976;

Amended Eff. January 1, 1989; April 1, 1988;

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