27 NCAC 01E .0313††††††††† Hearing before the Authorized Practice Committee
At any hearing concerning the registration of a prepaid legal services plan, the committee chair will preside to ensure that the hearing is conducted in accordance with these rules. The committee chair shall cause a record of the proceedings to be made. Strict compliance with the Rules of Evidence is not required, but may be used to guide the committee in the conduct of an orderly hearing. The plan sponsor may appear and be heard, be represented by counsel, offer witnesses and documents in support of its position and cross-examine any adverse witnesses. The counsel may appear on behalf of the State Bar and be heard, and may offer witnesses and documents. The burden of proof shall be upon the sponsor to establish the plan meets the definition of a prepaid legal services plan, that all registration fees have been paid, and that the plan has operated in a manner consistent with all material representations made in its then current registration statement, the law, and these rules. If the sponsor carries its burden of proof, the planís registration shall be accepted or continued. If the sponsor fails to carry its burden of proof, the committee shall recommend to the council that the planís registration be denied or revoked.
History Note:††††††† Authority G.S. 84-23; G.S. 84-23.1;
Readopted Eff. Dec 8, 1994;
Amended Eff. August 23, 2007.