Section .0100 ‑ Petitions For Adoption Of Rules

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 16 - dental examiners/subchapter n/subchapter n rules.html
Published: 2015

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SUBCHAPTER 16N ‑ RULEMAKING AND ADMINISTRATIVE

HEARING PROCEDURES

 

 

SECTION .0100 ‑ PETITIONS FOR ADOPTION OF RULES

 

 

21 NCAC 16N .0101          PETITION FOR RULEMAKING HEARINGS

Any person wishing to submit a petition requesting the

adoption, amendment or repeal of a rule by the Board shall address the petition

to the Board's office.  The envelope containing the petition should clearly

bear the notation:  RULEMAKING PETITION RE:  and then the subject area, for

example, DENTAL PRACTICE ACT or DENTAL HYGIENE ACT.

 

History Note:        Authority G.S. 150B‑16;

Eff. August 25, 1977;

Amended Eff. May 1, 1989; March 1, 1985.

 

 

21 NCAC 16N .0102          CONTENTS OF

PETITION

The petition shall include the following information:

(1)           An indication of the subject area to which the

petition is directed; for example, "This is a petition to hold a

rulemaking hearing to amend Rule .0000 of Subchapter X pertaining to delegable

duties to dental auxiliaries";

(2)           Either a draft of the proposed rule or a summary of

its contents;

(3)           Reasons for the proposal;

(4)           The effect on existing rules or orders;

(5)           Any data supporting the proposal;

(6)           Affect of the proposed rule on existing practices

in the area involved, including cost factors;

(7)           Names of those most likely to be affected by the

proposed rule, with addresses if reasonably known; and

(8)           Name and address of each petitioner.

 

History Note:        Authority G.S. 150B‑16;

Eff. August 25, 1977;

Amended Eff. May 1, 1989.

 

 

 

21 NCAC 16N .0103          DISPOSITION OF PETITIONS

(a)  The Board will determine whether the public interest

would be served by the adoption, amendment or repeal of the requested rule. 

Prior to making this determination, the Board may:

(1)           Request additional information from the

petitioner;

(2)           Contact interested persons or those likely

to be affected by the proposed rule and request comments; and

(3)           It may use any other appropriate method for

obtaining information on which to base its determination.  It will consider all

the contents of the petition submitted plus any other information obtained by

the means described herein.

(b)  The Board shall act on a petition at its next regularly

scheduled meeting or within 120 days after submission of a petition.

 

History Note:        Authority G.S. 150B‑16;

Eff. August 25, 1977;

Amended Eff. May 1, 1989; October 1, 1986; January 1,

1983.

 

 

 

 

SECTION .0200 ‑ NOTICE OF RULEMAKING HEARINGS

 

 

21 NCAC 16N .0201          NOTICE OF PROCEEDINGS

 

History Note:        Authority G.S. 90‑28; 90‑48;

90‑223(b); 150B‑12; 150B‑60;

Eff. August 25, 1977;.

Amended Eff. October 1, 1986;

Repealed Eff. May 1, 1989.

 

 

 

21 NCAC 16N .0202          NOTICE OF MAILING LIST

Any person or agency desiring to be placed on the mailing

list for the Board's rulemaking notices may file a written request in the

Board's office.  The letter of request should state those particular subject

areas within the authority of the Board concerning which notice is desired. 

The Board may require reasonable postage and stationery costs to be paid by

those requesting such notices.

 

History Note:        Authority G.S. 90‑48; 90‑223(b);

150B‑12(c);

Eff. August 25, 1977;

Amended Eff. May 1, 1989; March 1, 1985.

 

 

 

21 NCAC 16N .0203          ADDITIONAL INFORMATION

Persons desiring information in addition to that provided in

an individual rulemaking notice may contact the Board's office.  Any written

communication should clearly indicate the rulemaking proceeding which is the

subject of the inquiry.

 

History Note:        Authority G.S. 90‑48; 90‑223(b);

150B‑12;

Eff. August 25, 1977;

Amended Eff. March 1, 1985.

 

 

 

 

SECTION .0300 ‑ RULEMAKING HEARINGS

 

21 NCAC 16N .0301          REQUEST TO PARTICIPATE

 

History Note:        Authority G.S. 90-48; 150B-12(a);

Eff. August 25, 1977;

Amended Eff. May 1, 1989;

Repealed Eff. April 1, 2014.

 

21 NCAC 16N .0302          CONTENT OF REQUEST: GENERAL TIME

LIMITATIONS

Presentations at Board rule making hearings shall be limited

to 15 minutes unless the Board prescribes some other time limit.

 

History Note:        Authority G.S. 90-48; 90-223(b); 150B-12(a);

Eff. August 25, 1977;

Amended Eff. April 1, 2014; May 1, 1989.

 

21 NCAC 16N .0303          RECEIPT OF REQUEST: SPECIFIC TIME

LIMITS

 

History Note:        Authority G.S. 90-48; 90-223(b); 150B-12(a);

Eff. August 25, 1977;

Amended Eff. May 1, 1989.

Repealed Eff. April 1, 2014.

 

21 NCAC 16N .0304          WRITTEN SUBMISSIONS

Any person may file a written submission containing data,

comments or arguments after publication of notice of a rulemaking hearing up to

the date of hearing.  The Board may in its discretion grant an additional 30 days

after a hearing for further comment and argument.  These written comments

should be sent to the Board's office.  They should clearly state the rule or

proposed rule to which such comments are addressed.

 

History Note:        Authority G.S. 90‑48; 90‑223(b);

150B‑12;

Eff. August 25, 1977;

Amended Eff. May 1, 1989; March 1, 1988; October 1, 1986;

March 1, 1985.

 

 

 

21 NCAC 16N .0305          BOARD PRESIDENT TO PRESIDE: POWERS AND

DUTIES

The president of the Board shall preside at a rulemaking

hearing and shall be authorized to do the following:

(1)           Grant any extension of time in connection with a

request for the presentation of oral data, views or arguments;

(2)           Recognize any prospective speaker;

(3)           Extend or shorten the time allotted for any

particular presentation; and

(4)           Direct the overall proceedings including management

of any questions directed to any speaker by any Board member.

 

History Note:        Authority G.S. 90‑48; 90‑223(b);

150B‑12(a);

Eff. August 25, 1977;

Amended Eff. May 1, 1989.

 

 

 

21 NCAC 16N .0306          STATEMENT OF REASONS FOR DECISION

 

History Note:        Authority G.S. 90‑28; 150B‑60(4);

90‑48; 90‑223(b); 150B‑12(e);

Eff. August 25, 1977;

Repealed Eff. May 1, 1989.

 

 

 

21 NCAC 16N .0307          RECORD OF PROCEEDINGS

A record of all rulemaking proceedings will be maintained in

the Board's office for as long as the rule is in effect, and for five years

thereafter, following filing.  This record will contain:  the original petition

if any, the notice, all written memoranda and information submitted, and any

record or summary of oral presentations, if any.  A record of the rulemaking

proceedings will be available for public inspection during the regular office

hours of the Board.

 

History Note:        Authority G.S. 90‑48; 90‑223(b);

150B‑12(e);

Eff. August 25, 1977;

Amended Eff. May 1, 1989.

 

 

 

21 NCAC 16N .0308          TEMPORARY RULES

 

History Note:        Authority G.S. 90‑28; 150B‑13;

Eff. August 25, 1977;

Amended Eff. April 1, 1988;

Repealed Eff. May 1, 1989.

 

 

 

 

SECTION .0400 ‑ DECLARATORY RULINGS

 

 

21 NCAC 16N .0401          SUBJECTS OF DECLARATORY RULINGS

 

History Note:        Authority G.S. 90‑28; 90‑48;

90‑223(b); 150B‑17;

Eff. August 25, 1977;

Amended Eff. October 1, 1986;

Repealed Eff. May 1, 1989.

 

 

 

21 NCAC 16N .0402          SUBMISSION OF REQUEST FOR RULING

All requests for declaratory rulings shall be written and

mailed to the Board's office.  The envelope containing the request should bear

the notation:  REQUEST FOR DECLARATORY RULING.  The request must include the

following information:

(1)           Name and address of petitioner;

(2)           Statute or rule to which petition relates;

(3)           Concise statement of the manner in which petitioner

is aggrieved by the rule or statute or its potential application to him; and

(4)           A statement of whether an oral hearing is desired

and if so, the reason therefor.

 

History Note:        Authority G.S. 150B‑17;

Eff. August 25, 1977;

Amended Eff. May 1, 1989; October 1, 1986; March 1, 1985.

 

 

 

21 NCAC 16N .0403          DISPOSITION OF REQUESTS

(a)  When the Board deems it appropriate to issue a

declaratory ruling it shall issue such declaratory ruling as soon as

practicable but no longer than 60 days after receipt of the petition.

(b)  A declaratory ruling proceeding may consist of written

submissions or other procedures as may be appropriate in the circumstances of

the particular request.

(c)  Whenever the Board believes for good cause that the

issuance of a declaratory ruling is undesirable, the Board may refuse to issue

such ruling.  When good cause is deemed to exist, the Board will notify the

petitioner of its decision in writing, stating the reasons for the denial of

the declaratory ruling.

(d)  For purposes of Paragraph (c) of this Rule, the Board

will ordinarily refuse to issue a declaratory ruling:

(1)           Unless the petitioner shows that the

circumstances are so changed since the adoption of the rule that such a ruling

would be warranted;

(2)           Unless the petitioner shows that the agency

did not give to the factors specified in the request for a declaratory ruling a

full consideration at the time the rule was adopted;

(3)           Where there has been a previous

determination of a contested case involving similar factual questions; and

(4)           Where the subject matter of the request is

involved in pending litigation in any state or federal court in North Carolina.

 

History Note:        Authority G.S. 150B‑17;

Eff. August 25, 1977;

Amended Eff. May 1, 1989; October 1, 1986.

 

 

 

21 NCAC 16N .0404          RECORD OF DECISION

A record of all declaratory ruling proceedings will be

maintained in the Board's office for as long as the ruling is in effect and for

five years thereafter.  This record will contain:  the request, all written submissions

filed on the request, whether filed by the petitioner or any other person, and

a record or summary of all the oral presentations, if any.  Records of

declaratory ruling proceedings will be available for public inspection during

the Board's regular office hours.

 

History Note:        Authority G.S. 150B‑17;

Eff. August 25, 1977;

Amended Eff. May 1, 1989.

 

 

 

21 NCAC 16N .0405          DEFINITION

 

History Note:        Authority G.S. 90‑28; 150B‑17;

90‑48; 90‑223(b); 150B‑60(4); 150B‑12(e);

Eff. August 25, 1977;

Repealed Eff. May 1, 1989.

 

 

 

 

SECTION .0500 ‑ ADMINISTRATIVE HEARING PROCEDURES

 

 

21 NCAC 16N .0501          RIGHT TO HEARING

When the Board acts, or proposes to act, other than in

rulemaking or declaratory ruling proceedings, in a manner which will affect the

rights, duties, or privileges of a person, such person has a right to an

administrative hearing.  When the Board proposes to act in such a manner, it

shall give such person notice of his right to a hearing by mailing by certified

mail to him at his last known address a notice of the proposed action and a

notice of a right to a hearing.

 

History Note:        Authority G.S. 150B‑38(h);

Eff. August 25, 1977;

Amended Eff. May 1, 1989; November 20, 1980.

 

 

 

21 NCAC 16N .0502          REQUEST FOR HEARING

(a)  Any individual who believes his or her rights, duties, or

privileges have been affected by the Board's administrative action, but who has

not received a notice of a right to an administrative hearing, may file a

request for hearing.

(b)  The individual shall submit a request to the Board's

office, containing the following information:

(1)           Name and address of the petitioner;

(2)           A concise statement of the action taken by

the Board which is challenged;

(3)           A concise statement of the way in which

petitioner has been aggrieved; and

(4)           A clear and specific statement of request

for a hearing.

 

History Note:        Authority G.S. 150B-38;

Eff. August 25, 1977;

Amended Eff. April 1, 2015; May 1, 1989; March 1, 1985;

November 20, 1980.

 

21 NCAC 16N .0503          GRANTING OR DENYING HEARING REQUEST

(a)  The Board will decide whether to grant a request for a

hearing.

(b)  The denial of request for a hearing will be issued

immediately upon decision, and in no case later than 60 days after the submission

of the request.  Such denial shall contain a statement of the reasons leading

the Board to deny the request.

(c)  Approval of a request for a hearing will be signified

by issuing a notice as required by G.S. 150B‑38(b) and explained in Rule

.0504 of this Section.

 

History Note:        Authority G.S. 90‑28; 150B‑38;

Eff. August 25, 1977;

Amended Eff. May 1, 1989; April 1, 1988; October 1, 1986;

November 20, 1980.

 

 

 

21 NCAC 16N .0504          NOTICE OF HEARING

(a)  The Board shall give the party or parties in a

contested case a notice of hearing not less than 15 days before the hearing. 

Said notice shall contain the following information, in addition to the items

specified in G.S. 150B‑38(b):

(1)           The name, position, address and telephone

number of a person at the office of the Board to contact for further

information or discussion; and

(2)           A statement explaining that the Respondent

may be represented by counsel, testify, offer evidence, and cross examine

adverse witnesses at the hearing.

(b)  If the Board determines that the public health, safety,

or welfare requires such action, it may issue an order summarily suspending a

license pursuant to G.S. 150B-3.  Upon service of the order, the licensee to

whom the order is directed shall immediately cease practicing in North

Carolina.  The Board shall promptly give notice of hearing pursuant to G.S.

150B‑38 following service of the order.  The suspension shall remain in

effect pending issuance by the Board of a final agency decision pursuant to

G.S. 150B‑42.

 

History Note:        Authority G.S. 150B-3; 150B-38;

Eff. August 25, 1977;

Amended Eff. April 1, 2015; May 1, 1989; April 1, 1988;

October 1, 1986; November 20, 1980.

 

21 NCAC 16N .0505          WHO SHALL HEAR CONTESTED CASES

All administrative hearings shall be conducted by a panel

consisting of a majority of Board members eligible to vote on the issue, or an

administrative law judge designated to hear the case pursuant to G.S. 150B‑40(e).

 

History Note:        Authority G.S. 150B-38; 150B-40;

Eff. August 25, 1997;

Amended Eff. April 1, 2015; March 1, 1988; October 1,

1986; November 20, 1980.

 

21 NCAC 16N .0506          PETITION FOR INTERVENTION

(a)  A person desiring to intervene in a contested case

shall file a written petition with the Board's office.  The request shall bear

the notation:  PETITION TO INTERVENE IN THE CASE OF (NAME OF CASE).

(b)  The petition shall include the following information:

(1)           the name and address of petitioner;

(2)           the business or occupation of petitioner;

(3)           the name and citation of the hearing in which

petitioner is seeking to intervene;

(4)           the grounds for intervention or a statement

that no grounds exist;

(5)           any claim or defense in respect to which

intervention is sought; and

(6)           a summary of the arguments or evidence

petitioner seeks to present.

(c)  The person desiring to intervene shall serve copies of

the petition on all parties to the case.

(d)  If the Board determines to allow intervention, it shall

send written notice to the petitioner and all parties.  In cases of

discretionary intervention, such notification shall include a statement of any

limitations of time, subject matter, evidence or whatever else the Board deems

necessary that are imposed on the intervenor.

(e)  If the Board decides to deny intervention it shall send

written notice to the petitioner and all parties, stating the reasons for the

denial.

 

History Note:        Authority G.S. 150B-38;

Eff. August 25, 1977;

Amended Eff. April 1, 2015; May 1, 1989; March 1, 1985;

November 20, 1980.

 

21 NCAC 16N .0507          TYPES OF INTERVENTION

(a)  Intervention of Right.  A petition to intervene of

right, as provided in the North Carolina Rules of Civil Procedure, Rule 24,

will be granted if the petitioner meets the criteria of that rule and his

petition is timely.

(b)  Permissive Intervention.  A petition to intervene

permissively, as provided in the North Carolina Rules of Civil Procedure, Rule

24, will be granted if the petitioner meets the criteria of that rule and the

Board determines that:

(1)           There is sufficient legal or factual

similarity between the petitioner's claimed rights, privileges, or duties and

those of the parties to the hearings; and

(2)           Permitting intervention by the petitioner

as a party would aid the purpose of the hearing.

(c)  Discretionary Intervention.  The Board may allow

discretionary intervention, with whatever limits and restrictions are deemed

appropriate. Upon the filing of a timely petition, discretionary intervention

will be deemed advisable if:

(1)           The information petitioner desires to

present is relevant, not repetitious and cumulative; and

(2)           The petitioner would lend added impact to

the arguments of the parties.

 

History Note:        Legislative Objection Lodged Eff.

February 19, 1980;

Legislative Objection Removed Eff. March 19, 1981;

Authority G.S. 150B‑38;

Eff. August 25, 1977;

Amended Eff. May 1, 1989; April 2, 1981; November 20,

1980.

 

 

 

21 NCAC 16N .0508          DISQUALIFICATION OF BOARD MEMBERS

(a)  Self Disqualification.  If a Board member determines

that personal bias or other factors render that member unable to hear a contested

case and perform all duties in an impartial manner, that Board member shall

voluntarily decline to participate in the hearing or decision.

(b)  Petition for Disqualification.  If any party in a

contested case believes that a Board member is personally biased or otherwise

unable to hear a contested case and perform all duties in an impartial manner,

the party may file a sworn, notarized affidavit with the Board.  The title of

such affidavit shall bear the notation:  AFFIDAVIT OF DISQUALIFICATION OF BOARD

MEMBER IN THE CASE OF (NAME OF CASE).

(c)  Contents of Affidavit.  The affidavit shall state all

facts the party deems to be relevant to the disqualification of the Board

member.

(d)  Timeliness and Effect of Affidavit.  An affidavit of

disqualification shall be considered timely if filed 10 days before

commencement of the hearing.  Any other affidavit shall be considered timely

provided it is filed at the first opportunity after the party becomes aware of

facts which give rise to a reasonable belief that a Board member may be

disqualified under this Rule.  When a petition for disqualification is filed

less than 10 days before or during the course of a hearing, the hearing shall

continue with the challenged Board member sitting.  The petitioner shall have

the opportunity to present evidence supporting his or her petition, and the

petition and any evidence presented at the hearing shall be made a part of the

record.  The Board, before rendering its decision, shall decide whether the

evidence justifies disqualification.  In the event of disqualification, the

disqualified member shall not participate in further deliberation or decision

of the case.

(e)  Procedure for Determining Disqualification:

(1)           The Board shall appoint a Board member to investigate the allegations of the

affidavit.

(2)           The investigator shall report to the Board the findings of the investigation.

(3)           The Board shall decide whether to

disqualify the challenged individual.

(4)           The person whose disqualification is to be

determined shall not participate in

the decision but may be called upon to furnish information to the other members

of the Board.

(5)           When a Board member is disqualified, the

hearing shall continue with the

remaining members sitting, provided that the remaining members still constitute

a majority of the Board who are eligible to vote.

(6)           If a majority of the members of the Board

who are eligible to vote are disqualified pursuant to this Rule, the Board

shall petition the Office of Administrative Hearings to appoint an administrative

law judge to hear the contested case pursuant to G.S. 150B‑40(e).

 

History Note:        Authority G.S. 150B-38; 150B-40;

Eff. August 25, 1977;

Amended Eff. April 1, 2015; May 1, 1989; October 1, 1986;

November 20, 1980.

 

SECTION .0600 ‑ ADMINISTRATIVE HEARINGS: DECISIONS:          RELATED

RIGHTS AND PROCEDURES

 

 

 

21 NCAC 16N .0601          FAILURE TO APPEAR

 

History Note:        Authority G.S. 90‑28; 90‑48;

90‑223(b); 150B‑25(a); 150B‑60(4);

Eff. August 25, 1977;

Amended Eff. November 20, 1980;

Repealed Eff. April 1, 1988.

 

 

 

21 NCAC 16N .0602          SIMPLIFICATION OF ISSUES

The parties to a contested case, specifically including the

Board, may agree in advance to simplify the hearing by decreasing the number of

the issues to be contested at the hearing, accepting the validity of certain

proposed evidence, accepting the findings in some other case which relates to

the case at hand or agreeing to such other matters as may expedite the hearing.

 

History Note:        Authority G.S. 150B‑38; 150B‑40;

Eff. August 25, 1977;

Amended Eff. May 1, 1989; November 20, 1980.

 

 

 

21 NCAC 16N .0603          SUBPOENAS

(a)  A request for subpoenas for the attendance and

testimony of witnesses or for the production of documents, either at a hearing

or for the purposes of discovery, shall:

(1)           be made

in writing to the Board;

(2)           identify

any documents sought with specificity; and

(3)           include

the full name and home or business address of all persons to be subpoenaed; and



(4)           if

known, the date, time, and place for responding to the subpoena. 

(b)  The Board shall issue the requested subpoenas within

three days of the receipt of the request.

(c)  Subpoenas shall contain:

(1)           the

caption of the case;

(2)           the

name and address of the person subpoenaed;

(3)           the

date, hour and location of the hearing in which the witness is commanded to

appear;

(4)           a

particularized description of the books, papers, records, or objects the

witness is directed to bring with him to the hearing, if any;

(5)           the

identity of the party on whose application the subpoena was issued; and

(6)           a

return of service form. 

(d)  The "return of service" form, as filled out,

shows the name and capacity of the person serving the subpoena, the date the

subpoena was delivered to the person directed to make service, the date service

was made, the person on whom service was made, the manner in which service was

made, and the signature of the person making service.

(e)  Subpoenas shall be served as permitted by Rule 45 of

the North Carolina Rules of Civil Procedure, as set forth in G.S. 1A-1.

(f)  Any person receiving a subpoena from the Board may

object thereto by filing a written objection to the subpoena with the Board's

office.  Such objection shall include a statement of all reasons why the

subpoena should be revoked or modified.  These reasons may include any basis

sufficient in law for holding the subpoena invalid, such as that the evidence

is privileged, that appearance or production would be so disruptive as to be

unreasonable in light of the significance of the evidence sought, or other

undue hardship.

(g)  Any objection to a subpoena shall be served on the

party who requested the subpoena simultaneously with the filing of the

objection with the Board.

(h)  The party who requested the subpoena, at such time as

may be granted by the Board, may file a written response to the objection.  The

written response shall be served by the requesting party on the objecting

witness simultaneously with the filing of the response with the Board.

(i)  After receipt of the objection and response thereto, if

any, the Board shall issue a notice to the party who requested the subpoena and

the party challenging the subpoena, and may notify any other party or parties

of a hearing, at which evidence and testimony may be presented, limited to the

narrow questions raised by the objection and response.

(j)  The majority of the Board members hearing the contested

case shall rule on the challenge and issue a written decision to all parties

and made a part of the record.

 

History Note:        Authority G.S. 90-28; 90-48; 90-223(b);

150B-39; 150B-40

Eff. August 25, 1977;

Legislative Objection Lodged Eff. November 20, 1980;

Legislative Objection Removed Eff. March 19, 1981;

Amended Eff. April 1, 2015; May 1, 1989; March 1, 1988;

October 1, 1986; March 1, 1985.

 

21 NCAC 16N .0604          FINAL DECISION

The Board will issue the final decision in all contested

cases.  This decision is the prerequisite "final agency decision" for

the right to judicial review.

 

History Note:        Authority G.S. 90‑48; 90‑223(b);

150B‑43;

Eff. August 25, 1977;

Amended Eff. May 1, 1989.

 

 

 

21 NCAC 16N .0605          PROPOSALS FOR DECISIONS

(a)  When an administrative law judge conducts a hearing

pursuant to G.S. 150B‑40(e), a "proposal for decision" shall be

rendered.  Any party may file written exceptions to this "proposal for

decision" and submit their own proposed findings of fact and conclusions

of law.  Exceptions and alternative proposals must be received within ten days

after the party has received the "proposal for decision" as drafted

by the administrative law judge.

(b)  Any exceptions to the procedure during the hearing, the

handling of the hearing by the administrative law judge, rulings on evidence,

or any other matter must be written and refer specifically to pages of the

record or otherwise precisely identify the occurrence to which the exception is

taken.  Exceptions must be filed with the Board within ten days of the receipt

of the proposal for decision.  The written exceptions must bear the notation: 

EXCEPTIONS TO THE PROCEEDINGS IN THE CASE (NAME OF CASE).

(c)  Any party may present oral argument to the Board upon

request.  The request must be included with the written exceptions.

(d)  Upon receipt of request for further oral argument,

notice will be issued promptly to all parties designating the time and place

for such oral argument.

(e)  Giving due consideration to the proposal for decision

and the exceptions and arguments of the parties, the Board may adopt the

proposal for decision or may modify it as the Board deems necessary.  The

decision rendered will be a part of the record and a copy thereof shall be

given to all parties.  The Board decision becomes the "final agency

decision" for the right to judicial review.  Said decision will be

rendered by the Board within 60 days of the next regularly scheduled meeting

following the oral arguments, if any.  If there are no oral arguments

presented, the decision will be rendered within 60 days of the next regularly

scheduled Board meeting following receipt of the written exceptions.

 

History Note:        Authority G.S. 150B‑38; 150B‑40;

Eff. August 25, 1977;

Amended Eff. May 1, 1989; March 1, 1988; October 1, 1986;

November 20, 1980.

 

 

 

21 NCAC 16N .0606          FAILURE TO APPEAR

Should a party fail to appear at a scheduled hearing, the

Board, or the designated administrative law judge, may proceed with the hearing

and make its decision in the absence of the party, provided that the party has been

given proper notice.  The Board or the administrative law judge may order a

continuance in order to give the party another opportunity to appear.

 

History Note:        Authority G.S. 90‑28; 90‑48;

90‑223(b); 150B‑25(a); 150B‑60(4);

Eff. May 1, 1989.