26 NCAC 03 .0102             DEFINITIONS AND CONSTRUCTION

(a)  The definitions contained in G.S. 150B‑2 are incorporated herein by reference.  In addition, the following definitions apply:

(1)           "Chief Administrative Law Judge" means the person appointed according to G.S. 7A‑752.

(2)           "File or Filing" means to place the paper or item to be filed into the care and custody of the chief hearings clerk of the Office of Administrative Hearings, and acceptance thereof by him, except that the administrative law judge may permit the papers to be filed with him in which event the administrative law judge shall note thereon the filing date.  All documents filed with the Office of Administrative Hearings, except exhibits, shall be in duplicate in letter size 8 1/2" by 11".

(3)           "Service or Serve" means:

(A)          delivery by electronic mail with an attached file in a format that is readily accessible to the recipient;

(B)          facsimile (fax);

(C)          personal delivery;

(D)          delivery by first class United States Postal Service mail; or

(E)           delivery by overnight express mail service.

(b)  A Certificate of Service by the person making the service shall be appended to every document requiring service under these Rules.

(c)  Service by mail is complete upon placing the item to be served, enclosed in a wrapper addressed to the person to be served, in an official depository of the United States Postal Service.

(d)  Service by overnight express mail is complete upon placing the item to be served, enclosed in a wrapper addressed to the person to be served, in the custody of an overnight express mail service.

(e)  Service by electronic mail or fax is deemed to occur one hour after it is sent, provided that:

(1)           documents sent after 5pm are deemed sent at 8am the following day; and

(2)           documents sent by electronic mail that are not in a format in which the content is readily accessible to the recipient are not deemed served until actually received in a form in which the content is readily accessible to the receiving party.

Service by electronic mail or fax is treated the same as service by mail for the purpose of adding three days to the prescribed period to respond under N.C.R. Civ.P.6(e).

(f)  The rules of statutory construction contained in Chapter 12 of the General Statutes shall be applied in the construction of these Rules.

History Note:        Authority G.S. 7A‑752; 150B‑23;

Eff. August 1, 1986;

Amended Eff. October 1, 1991; January 1, 1989; November 1, 1987; September 1, 1986;

Temporary Amendment Eff. January 1, 2012.