SUBCHAPTER 05E ‑ DIVISION HEARINGS

 

SECTION .0100 ‑ GENERAL

 

10A NCAC 05E .0101       DIVISION HEARINGS IN GENERAL

(a)  The state Division of Aging has established a decision

review process whereby certain persons aggrieved by an Area Agency on Aging

final decision, who have exhausted local administrative remedies, who can

demonstrate injury in fact, and whose petition contains the necessary facts to

establish subject matter jurisdiction, may petition the state Division of Aging

for a decision review hearing in accordance with and subject to these Rules and

other recognized common law principles of judicial economy and restraint.

(b)  Pursuant to federal statutes and regulations, the state

Division of Aging has also established a decision review process whereby

aggrieved Area Agencies on Aging, and eligible applicants denied designation as

planning and service areas, may petition the state Division of Aging for a

decision review hearing in accordance with and subject to these Rules.

(c)  The Rules of Civil Procedure as contained in G.S. 1A‑1

and the General Rules of Practice for the Superior and District Courts as

authorized by G.S. 7A‑34 and found in the Rules Volume of the North

Carolina General Statutes shall not apply in any hearings held by the state

Division of Aging unless another specific statute or rule provides otherwise. 

Division of Aging hearings are not hearings within the meaning of G.S. Chapter

150B and will not be governed by the provisions of that Chapter unless

otherwise stated in these Rules.  Parties may be represented by counsel at all

stages of the hearing process.

 

History Note:        Authority G.S. 143B‑10; 143B‑138;

143B‑181.1; 42 U.S.C., Sec. 3027(a)(5); 45 C.F.R., Part 1321; 45 C.F.R.,

Part 74, Appendix G;

Eff. October 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. May 23, 2015.