26 NCAC 03 .0103             COMMENCEMENT OF CONTESTED CASE: NOTICE AND FILING FEE

(a)  A contested case in the Office of Administrative Hearings is commenced by the filing of a petition as required by G.S. 150B-23 and payment of the appropriate filing fee (if a fee is required by G.S. 150B-23.2).

(b)  Within five days of filing a petition to commence a contested case, the Chief Administrative Law Judge shall assign an administrative law judge to the case.  Within ten days of the filing of a petition commencing a contested case, the chief hearings clerk of the Office of Administrative Hearings shall serve a Notice of Contested Case Filing and Assignment upon all who are parties to the dispute.  The notice shall contain the following:

(1)           Name of case and date of filing;

(2)           Name, address, and telephone number of the administrative law judge; and

(3)           A request that the party send within 30 days a copy of the document constituting the agency action that caused the filing of the petition.

(c)  In contested cases commenced by a person aggrieved involving the following causes of action, the petitioner shall pay a filing fee of one hundred twenty-five dollars ($125.00):

(1)           Contested cases challenging certificate of need filed pursuant to G.S. 131E-188;

(2)           Contested cases challenging permit actions under G.S. 143-215.1, G.S. 143-215.10C, G.S. 143-215.15, and G.S. 143-215.108;

(3)           Contested cases where the amount in controversy is fifty thousand dollars ($50,000) or greater.

(d)  In contested cases commenced by a person aggrieved which do not involve the causes of action listed in Paragraph (c) of this Rule, the petitioner shall pay a fee of twenty dollars ($20.00).

(e)  The filing fee shall be waived in a contested case in which the petition is filed in forma pauperis and supported by such proofs as are required in G.S. 1-110.  A petitioner seeking to have the filing fee waived under this Paragraph shall file the appropriate OAH form with the chief hearings clerk simultaneously when filing the petition for a contested case.

(f)  The filing fee shall be waived in a contested case involving a mandated federal cause of action.

(g)  The method of payment shall be:

(1)           cash;

(2)           money order;

(3)           certified check; or

(4)           check drawn on an attorney's trust or operating account.

History Note:        Authority G.S. 150B-23; 150B-23.2; 150B-33;

Eff. August 1, 1986;

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

Emergency Amendment Eff. October 1, 2009;

Temporary Amendment Eff. December 1, 2009;

Amended Eff. October 1, 2010.