21 NCAC 68 .0609             PETITION FOR REOPENING CASE

(a)  If a party, upon proper notice fails to appear, the hearing may proceed without the party.  However, if the inquiry is conducted or a decision is reached in an administrative hearing in the absence of a party, or if a dismissal is entered prior to the granting of one continuance to the person petitioning for reopening the case, that party may file a written petition with the Board for a reopening of the case.  The petition caption shall be entitled:  "Petition for Reopening Hearing of Respondent."

(b)  Petitions for reopening a contested case shall not be granted unless the petitioner can show that his or her failure to appear was justified and unavoidable and that fairness requires reopening the case.

(c)  The decision of the Board to grant or deny the petition to reopen shall be in writing and a copy shall be sent to the petititoner and made a part of the record of the hearing.


History Note:        Filed as a Temporary Adoption Eff. October 23, 1995 for a period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 90-113.30; 90-113.33; 90-113.34; 90-113.40; 90-113.44; 90-113.45;

Eff. February 1, 1996.