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Section .0100 ‑ General Rules


Published: 2015

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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Repealed Eff.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.