SUBCHAPTER 14C ‑ CONTESTED CASES
SECTION .0100 ‑ GENERAL RULES
21 NCAC 14C .0101 ADMINISTRATIVE HEARINGS
Whenever the Board proposes to deny, revoke, or suspend a
license, permit, certificate of registration, or letter of approval issued by
it, or at any other time when it deems a hearing legally required, it must give
notice to the person affected of the Board's proposed action and the person's
right to a hearing. The person may request a hearing by mailing or delivering
to the Board a written request for a hearing. The Board will take the proposed
action described in the notice unless it receives a request for a hearing prior
to the date on which the Board proposes to act or the date specified in the
notice. A request mailed to the Board is deemed timely if postmarked prior to
the date on which the Board proposes to act or the date specified in the
notice.
History Note: Authority G.S. 150B‑38(h); 150B‑40;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; April 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0102 HEARINGS
History Note: Authority G.S. 88‑23; 150B‑23;
Eff. February 1, 1976;
Repealed Eff. April 1, 1988.
21 NCAC 14C .0103 PRESIDING OFFICER
If no other presiding officer has been designated by the
Board, or if the designated presiding officer is unavailable or disqualifies
himself, the chairman of the Board shall act as presiding officer for purposes
of issuing subpoenas, ordering the production of records, responding to motions
for continuances or extensions of time, controlling and ruling on issues
surrounding discovery, and otherwise acting on matters arising in connection
with a pending hearing and shall have all powers granted to the presiding
officer under Article 3A of Chapter 150B of the North Carolina General
Statutes.
History Note: Authority G.S. 150B‑38(h); 150B‑40(b);
Eff. April 1, 1988;
Amended Eff. January 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
SECTION .0200 ‑ REQUEST FOR A HEARING
21 NCAC 14C .0201 REQUEST
When any person believes his rights, duties or privileges
have been affected by administrative action of the Board, he may request an
administrative hearing.
History Note: Authority G.S. 150B‑2; 150B‑38(h);
Eff. February 1, 1976;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0202 PREREQUISITES
History Note: Authority G.S. 88B-4; 150B-38(h);
Eff. February 1, 1976;
Amended Eff. August 1, 2000; July 1, 1993; August 1,
1988;
Repealed Eff. September 1, 2011.
21 NCAC 14C .0203 WRITTEN REQUEST
Following such an informal contact with the Board as set out
in 21 NCAC 14C .0202, if still dissatisfied, one may file a written request for
an administrative hearing with the chairman of the Board at its address.
History Note: Authority G.S. 150B‑38;
Eff. February 1, 1976;
Amended Eff. January 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0204 CONTENTS OF REQUEST
A written
request for an administrative hearing must contain the following information:
(1) name and
address of petitioner,
(2) a
concise statement of the Board action being challenged,
(3) a
concise statement of the way in which the petitioner has been aggrieved, and
(4) a clear
and specific demand for a hearing.
History Note: Authority G.S. 150B‑38;
Eff. February 1, 1976;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0205 ACKNOWLEDGEMENT
Requests for
administrative hearings must be promptly acknowledged by the Board and, if the
person making the request is a person aggrieved, a hearing must be scheduled
within a reasonable amount of time.
History Note: Authority G.S. 150B‑38;
Eff. February 1, 1976;
Amended Eff. January 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
SECTION .0300 ‑ THE GRANTING OF HEARING REQUESTS
21 NCAC 14C .0301 GRANTING A HEARING
History Note: Authority G.S. 88‑23; 150B‑2;
150B‑23;
Eff. February 1, 1976;
Repealed Eff. August 1, 1988.
21 NCAC 14C .0302 CRITERIA
21 NCAC 14C .0303 ISSUANCE
21 NCAC 14C .0304 APPROVAL OF REQUEST
History Note: Authority G.S. 150B‑11(1); 150B‑23;
150B‑38;
Eff. February 1, 1976;
Repealed Eff. April 1, 1988.
SECTION .0400 ‑ WAIVER
21 NCAC 14C .0401 FAILURE TO NOTIFY
History Note: Authority G.S. 88‑23; 150B‑11(1);
150B‑25;
Eff. February 1, 1976;
Repealed Eff. January 1, 1989.
21 NCAC 14C .0402 FAILURE TO APPEAR
History Note: Authority G.S. 88‑23; 150B‑11(1);
150B‑25;
Eff. February 1, 1976;
Repealed Eff. January 1, 1989.
SECTION .0500 ‑ NOTICE
21 NCAC 14C .0501 REASONABLE NOTICE
21 NCAC 14C .0502 NOTICE AND HEARING
History Note: Authority G.S. 88‑23; 150B‑23;
Eff. February 1, 1976;
Repealed Eff. April 1, 1988.
21 NCAC 14C .0503 ADDITIONAL INFORMATION ON NOTICES OF
HEARINGS
In addition to
the items specified in North Carolina General Statutes 150B‑38(b) to be
included in the notice, notices of administrative hearings must include the
following information:
(1) the
name, position, address and phone number of a member, employee, or agent of the
Board to contact for further information or discussion;
(2) the date
and place for any prehearing conference;
(3) the
right to file a written response to the allegations in the notice of hearing no
later than ten days prior to the scheduled hearing date; and
(4) other
information deemed relevant to informing the party or parties as to the
procedure for the hearing.
History Note: Authority G.S. 150B‑38;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; September 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0504 WRITTEN ANSWERS TO NOTICE
History Note: Authority G.S. 88‑23; 150B‑25;
Eff. February 1, 1976;
Amended Eff. April 1, 1988;
Repealed Eff. January 1, 1989.
SECTION .0600 ‑ WHO SHALL HEAR CONTESTED CASES
21 NCAC 14C .0601 HEARING PANEL
Administrative
hearings before the Board will normally be heard by a majority of the Board.
History Note: Authority G.S. 150B‑38; 150B‑40;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; April 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0602 APPOINTMENT
History Note: Authority G.S. 88‑23; 150B‑32;
Eff. February 1, 1976;
Repealed Eff. January 1, 1989.
SECTION .0700 ‑ PLACE OF HEARING
21 NCAC 14C .0701 LOCATION
21 NCAC 14C .0702 ALTERNATIVE LOCATIONS
History Note: Authority G.S. 88‑23; 150B‑24;
Eff. February 1, 1976;
Repealed Eff. April 1, 1988.
SECTION .0800 ‑ INTERVENTION
21 NCAC 14C .0801 INTERVENTION OF RIGHT
A motion to
intervene of right as provided for in the North Carolina Rules of Civil
Procedure, Rule 24, must be granted if timely and the petitioner meets the
criteria of that rule. For the purposes of intervention, any time prior to the
designated hearing's termination must be considered timely unless a grant of
the right to intervene would cause substantial prejudice to the rights of a
party, substantial added expense, or compellingly serious inconvenience to the
parties.
History Note: Authority G.S. 150B‑38;
Eff. February 1, 1976;
Amended Eff. January 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0802 PERMISSIVE INTERVENTION
A motion to
intervene permissively as provided for in North Carolina Rules of Civil
Procedure, Rule 24, must 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 rights,
privileges, or duties and those of the other parties to the hearing; and
(2) Permitting
intervention by the petitioner as a party would aid the purposes of the
hearing.
History Note: Authority G.S. 150B‑38;
Eff. February 1, 1976;
Amended Eff. January 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0803 DISCRETIONARY INTERVENTION
Discretionary
intervention must be allowed by the Board upon a motion made before the
termination of the hearing itself when the Board finds intervention would be
helpful to a determination of the issues in the hearing.
History Note: Authority G.S. 150B‑38;
Eff. February 1, 1976;
Amended Eff. January 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0804 ADVISABILITY
Discretionary
intervention will be deemed advisable when:
(1) The
information the petitioner desires to present is relevant and not repetitious
or merely cumulative; and
(2) The
petitioner would lend added impact to arguments of the parties.
History Note: Authority G.S. 150B‑38;
Eff. February 1, 1976;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0805 WRITTEN MOTION
A person
desiring to intervene in a contested case must file a written motion with the
chairman of the Board at the Board's address.
History Note: Authority G.S. 150B‑38;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; April 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0806 PETITION FOR INTERVENTION
History Note: Authority G.S. 88‑23; 150B‑23;
Eff. February 1, 1976;
Repealed Eff. January 1, 1989.
21 NCAC 14C .0807 ALLOWANCE
If the Board
decides to allow intervention, notification of that decision will be issued
promptly to all parties including the movant. In cases of discretionary
intervention such notification will include a statement of the limitations, if
any, of time, subject matter, evidence or any other matters deemed necessary by
the Board which are imposed upon the intervenor.
History Note: Authority G.S. 150B‑38;
Eff. February 1, 1976;
Amended Eff. January 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0808 DENIAL
If the Board
decides to deny intervention, the movant must be notified promptly in writing.
The notification must state the reasons for the decision and must be issued to
the movant and to all parties.
History Note: Authority G.S. 150B‑28;
Eff. February 1, 1976;
Amended Eff. January 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
SECTION .0900 ‑ HEARING OFFICERS
21 NCAC 14C .0901 HEARING OFFICER
21 NCAC 14C .0902 CONDUCT
History Note: Authority G.S. 88‑23; 150B‑25;
150B‑33;
Eff. February 1, 1976;
Repealed Eff. April 1, 1988.
21 NCAC 14C .0903 BIAS OF BOARD MEMBER
If for any
reason a board member determines that personal bias or other factors would keep
that member from being able to hear a contested case and perform all duties
concerning the hearing in an impartial manner, that member shall submit in
writing to the Board his or her disqualifications and the reasons therefor.
History Note: Authority G.S. 150B‑38(h); 150B‑40;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; April 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0904 BIAS CLAIMED BY PARTY
If for any
reason any party in a contested case believes that a board member is personally
biased or otherwise unable to conduct the hearing and perform all duties in an
impartial manner, the party may file with the Board a sworn notarized affidavit
stating the reasons for such belief and all relevant facts.
History Note: Authority G.S. 150B‑38(8); 150B‑40;
Eff. February 1, 1976;
Amended Eff. April 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0905 AFFIDAVIT
History Note: Authority G.S. 88‑23; 150B‑25;
150B‑33;
Eff. February 1, 1976;
Repealed Eff. April 1, 1988.
21 NCAC 14C .0906 FILING AFFIDAVIT
An affidavit of
disqualification will be considered timely if filed at least ten days prior to
the scheduled hearing date. Any other affidavit may be found timely provided
it is filed at the first opportunity after the party becomes aware of facts
which give rise to a reasonable belief that any board member may be
disqualified.
History Note: Authority G.S. 150B‑38(h); 150B‑40;
Eff. February 1, 1976;
Amended Eff. April 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0907 DISQUALIFICATION
The remainder
of the members of the board shall decide whether to disqualify the person being
challenged by the following procedural rules:
(1) The
person whose disqualification is to be determined will not participate in the
decision but may be called upon to furnish information to the remaining members
of the Board conducting the hearing.
(2) The
Board shall appoint a member of the Board or the executive secretary or any
other appropriate person to investigate the allegations of the affidavit, if
necessary and report his or her findings or recommendations.
(3) The
Board shall decide whether to disqualify the challenged individual on the basis
of all relevant and appropriate information available to it.
History Note: Authority G.S. 150B‑38(h); 150B‑40;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; April 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0908 NEW HEARING
When a board
member is disqualified after the hearing has begun, a new hearing must be
initiated upon request if any party would be prejudiced by the denial of the
request.
History Note: Authority G.S. 150B‑38(h); 150B‑40;
Eff. February 1, 1976;
Amended Eff. January 1, 1989; April 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 14C .0909 DISQUALIFICATION OF ENTIRE BOARD
21 NCAC 14C .0910 DETERMINATION TO CONTINUE
21 NCAC 14C .0911 RECORDS
History Note: Authority G.S. 88‑23; 150B‑25;
150B‑33; 150B‑34;
Eff. February 1, 1976;
Repealed Eff. April 1, 1988.