26 NCAC 04 .0108             CONTESTED CASE HEARING

(a)  Any cause determination that has not resulted in settlement or conciliation will be heard by an Administrative Law Judge in the Hearings Division.  The charging party shall commence the proceedings by filing a petition for a contested case hearing as provided in G.S. 7A‑759.   If the charging party has not filed a contested case petition within 60 days of Notice, the Civil Rights Division shall transfer the charging party's file to EEOC.  If the charging party files a timely petition, OAH shall conduct a hearing and issue a final decision which is binding upon the parties.

(b)  Pending the investigation, conciliation or settlement of a deferred charge, an Administrative Law Judge shall enter a stay in any related or ancillary contested case proceedings involving the charging party.  If the charging party initiates a contested case as provided in Paragraph (a) of this Rule, the stay shall be lifted and the related proceedings shall be consolidated or joined when appropriate and tried before the presiding Administrative Law Judge.

(c)  The OAH investigative report shall be made available to all parties as provided in Section 83 of the EEOC Compliance Manual, Volume 1 (October, 1987) incorporated herein by reference as well as subsequent amendments thereto.  Copies of Section 83 are available upon request from the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714 at no charge.

(d)  At the conclusion of the contested case hearing, the investigation report, the final decision in the contested case, and the case file will be forwarded to EEOC.

History Note:        Filed as a Temporary Rule Eff. October 15, 1986 For a Period of 120 Days to Expire on

February 11, 1987;

Authority G.S. 7A‑759; 150B-21.6; 150B-26; 150B-33;

Eff. February 1, 1987;

Amended Eff. December 1, 1999; August 2, 1993; July 1, 1989.