SUBCHAPTER 14D ‑ CONDUCT OF THE CONTESTED CASE

 

 

SECTION .0100 ‑ FAILURE TO APPEAR

 

 

21 NCAC 14D .0101          PROCEEDING WITHOUT PARTY

Should a party who has been served with notice fail to appear at a scheduled hearing without having previously been granted a continuance, the Board may either proceed with the hearing in the party's absence, continue the hearing, or dismiss the proceeding.

 

History Note:        Authority G.S. 150B‑38(h); 150B‑40;

Eff. February 1, 1976;

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

 

 

21 NCAC 14D .0102          ALTERNATIVES OF HEARING OFFICER

 

History Note:        Authority G.S. 88‑23; 150B‑25;

Eff. February 1, 1976;

Repealed Eff. April 1, 1988.

 

 

 

21 NCAC 14D .0103          CONTINUANCES

A continuance will be granted to a party only in compelling circumstances.  Usually only one such postponement will be allowed.

 

History Note:        Authority G.S. 150B‑38(h); 150B‑40;

Eff. February 1, 1976;

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

 

 

 

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.

 

 

 

21 NCAC 14D .0105          CRITERIA FOR REOPENING A CASE

The Board shall make a decision on whether to reopen the petitioner's case based upon the merits of the petition or other pertinent information in the Board's possession.  A copy of the decision will be sent to the petitioner and made a part of the permanent record of the contested case.

 

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

Eff. February 1, 1976.

 

 

 

 

SECTION .0200 ‑ PRE‑HEARING CONFERENCE

 

 

21 NCAC 14D .0201          DISCRETION TO HOLD CONFERENCE

21 NCAC 14D .0202          PURPOSES

21 NCAC 14D .0203          NATURE OF CONFERENCE

21 NCAC 14D .0204          NOTICE OF PRE‑HEARING CONFERENCE

21 NCAC 14D .0205          SIMPLIFICATION OF ISSUES

 

History Note:        Authority G.S. 88‑23; 150B‑11(1); 150B‑23; 150B‑31; 150B‑33(5);

Eff. February 1, 1976;

Repealed Eff. April 1, 1988.

 

 

 

 

SECTION .0300 ‑ SUBPOENAS

 

 

21 NCAC 14D .0301          AUTHORITY TO ISSUE

 

History Note:        Authority G.S. 88‑23; 150B‑27;

Eff. February 1, 1976;

Repealed Eff. April 1, 1988.

 

 

 

21 NCAC 14D .0302          ISSUANCE

Subpoenas requiring the attendance of witnesses or those to produce documents, evidence or things must be issued by the chairman of the Board or his agent within three business days of the receipt of a request from a party to a contested case.

 

History Note:        Authority G.S. 150B‑38(h); 150B‑39;

Eff. February 1, 1976;

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

 

 

 

21 NCAC 14D .0303          SERVICE OF SUBPOENAS

(a)  Subpoenas may be served in any manner provided by law.

(b)  Subpoenas shall be issued in duplicate with a "Return of Service" form attached to each copy.  The person serving the subpoena shall fill out the "Return of Service" form for each copy and promptly return one copy of the subpoena with the attached "Return of Service" form completed to the Board.

 

History Note:        Authority G.S. 150B‑27;

Eff. February 1, 1976;

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

 

 

 

21 NCAC 14D .0304          UNREASONABLE SUBPOENAS

 

History Note:        Authority G.S. 88‑23; 150B‑27;

Eff. February 1, 1976;

Repealed Eff. April 1, 1988.

 

 

 

21 NCAC 14D .0305          OBJECTIONS

Any person receiving a subpoena may object thereto by filing a written objection with the Board.

 

History Note:        Authority G.S. 150B‑38(h); 150B‑39;

Eff. February 1, 1976;

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

 

 

 

21 NCAC 14D .0306          STATEMENT OF REASONS

An objection to a subpoena must include a concise but complete statement of reasons why the subpoena should be revoked or modified.  These reasons may include lack of relevancy of the evidence requested, lack of particularity in the description of the evidence sought, or any other reason sufficient in law for holding the subpoena invalid, such as that the evidence is privileged or that appearance or production would be so disruptive as to be unreasonable in light of the significance of the evidence sought or would produce some other undue hardship.

 

History Note:        Authority G.S. 150B‑38(h); 150B‑39;

Eff. February 1, 1976;

Amended Eff. January 1, 1989.

 

 

 

21 NCAC 14D .0307          SERVICE OF OBJECTIONS

Any objections to a subpoena filed with the Board must be simultaneously served on the party requesting the subpoena.

 

History Note:        Authority G.S. 150B‑38(h); 150B‑39;

Eff. February 1, 1976;

Amended Eff. January 1, 1989.

 

 

 

21 NCAC 14D .0308          RESPONSES TO OBJECTIONS

The party requesting the subpoena, within 10 days, may file a written response to the objection.  The response shall be served in like manner as the objection.

 

History Note:        Authority G.S. 150B‑38(h); 150B‑39;

Eff. February 1, 1976.

 

 

 

21 NCAC 14D .0309          HEARINGS ON SUBPOENA CHALLENGES

After receipt of the objection and a response thereto, if any, the hearing board or the presiding officer shall issue a notice of hearing to the party who requested the subpoena and the party challenging it and may notify all other parties of a hearing before the Board to be scheduled within a reasonable time at which hearing evidence and testimony may be presented by all parties limited to the questions raised by the subpoena, the objection, and subsequent responses thereto.

 

History Note:        Authority G.S. 88‑23; 150B‑25; 150B‑39;

Eff. February 1, 1976;

Amended Eff. April 1, 1988.

 

 

 

21 NCAC 14D .0310          RULINGS

Promptly after the close of any hearing on an objection to a subpoena, the Board will issue a written decision.  Based on the evidence presented and the record, the Board may revoke or modify the subpoena for good cause, based on such issues as oppressiveness, relevancy, and other appropriate factors, or may overrule the objection to the subpoena.  A written copy of the decision will be served on the person objecting to the subpoena and all parties to the hearing.

 

History Note:        Authority G.S. 150B‑38(h); 150B‑39;

Eff. February 1, 1976;

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

 

 

 

 

SECTION .0400 ‑ DISCOVERY

 

 

21 NCAC 14D .0401          DISCOVERY OF INFORMATION

21 NCAC 14D .0402          FAILURE TO SUBMIT TO DISCOVERY

 

History Note:        Authority G.S. 88‑23; 150B‑28;

Eff. February 1, 1976;

Repealed Eff. April 1, 1988.

 

 

 

 

SECTION .0500 ‑ DEPOSITIONS

 

 

21 NCAC 14D .0501          USE OF DEPOSITIONS

21 NCAC 14D .0502          PROCEDURE FOR TAKING A DEPOSITION

21 NCAC 14D .0503          RULINGS ON DEPOSITIONS

 

History Note:        Authority G.S. 88‑23; 150B‑28;

Eff. February 1, 1976;

Repealed Eff. April 1, 1988.