Section .0100 ‑ General

Link to law: http://reports.oah.state.nc.us/ncac/title 26 - administrative hearings/chapter 01 - general/chapter 01 rules.html
Published: 2015

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CHAPTER 01 ‑ GENERAL

 

SECTION .0100 ‑ GENERAL

 

26 ncac 01 .0101             LOCATION

(a)  The principal office of the Office of Administrative

Hearings is located at 1711 New Hope Church Road, Raleigh, North Carolina.  The

mailing address is 6714 Mail Service Center, Raleigh, NC 27699-6714.

(b)  Forms and information about the office may be obtained

from the agency's website at: www.oah.state.nc.us.

 

History Note:        Authority G.S. 7A-751(a);

Eff. January 1, 1991;

Amended Eff. October 1, 2008; August 1, 2000; December 1,

1999; April 1, 1991.

26 NCAC 01 .0102             OFFICE HOURS:

FILING OF DOCUMENTS

 

History Note:        Authority G.S. 150B‑11;

Eff. January 1, 1991;

Repealed Eff. July 1, 1998.

 

 

 

26 NCAC 01 .0103             COST TO PUBLIC

(a)  Copies of any public documents filed in the Office of

Administrative Hearings are available at the "actual cost" as defined

in G.S. 132-6.2(b) for making the copy and mailing cost if applicable.  OAH

shall provide its "actual cost" on the OAH website.

(b)  Certified copies of any public document filed in the

Office of Administrative Hearings are available at a cost of one dollar ($1.00)

per certification in addition to any other applicable cost for the public

document.  Electronic copy certification is not available.

(c)  Transcripts are available of contested case hearings. 

Procedures for requesting and costs of transcripts are in 26 NCAC 03 .0123.

(d)  Copies of recordings are available in the original

recording format and media only.

(e)  Video conferencing fees including cancellation fees

shall be paid by the requesting party.  The video conferencing fees are set at

the rates established by the Office of Information Technology Services (ITS).

(f)   North Carolina sales tax shall be added if applicable.

(g)  There is no charge to the requesting party unless the

total charge is equal to or exceeds three dollars ($3.00).

 

History Note:        Authority G.S. 132-6.2; 150B-19; 150B-21.25;

150B-37;

Eff. August 1, 1986;

Amended Eff. April 1, 1990; January 1, 1989;

Recodified from 26 NCAC 1 .0001 Eff. January 1, 1991;

Amended Eff. April 1, 2009; May 1, 2001; August 1, 2000;

February 1, 1994; August 2, 1993.

 

26 NCAC 01 .0104             EMPLOYEE INSURANCE COMMITTEE

 

History Note:        Authority G.S. 7A-751(a); 58-31-60;

Eff. February 1, 1987;

Recodified from 26 NCAC 1 .0003 Eff. January 1, 1991;

Amended Eff. December 1, 1999; April 1, 1991; January 1,

1991;

Repealed Eff. November 1, 2012.

 

26 NCAC 01 .0105             EMERGENCY WAIVER

The Director of the Office of Administrative Hearings shall

waive any rule adopted by the Office of Administrative Hearings that is not

statutorily required if the Director finds that the waiver is necessary to

protect the public health and safety at any time:

(1)           the President of the United States, the Governor,

the General Assembly, or a mayor or board of county commissioners, declares a

state of emergency or state of disaster;

(2)           the State Health Director or a local health

director issues an isolation or quarantine order; or

(3)           the business and disaster recovery plan required by

G.S. 147-33.89 is implemented by the OAH Business Continuity Management Team.

 

History Note:        Authority G.S. 7A-751(a);

Eff. October 1, 2009.

 

SECTION .0200 ‑ PETITION FOR RULE‑MAKING ‑

DECLARATORY RULINGS

 

26 NCAC 01 .0201             INSTRUCTIONS FOR FILING A PETITION

FOR RULE‑MAKING

(a)  Any person

may petition the Office of Administrative Hearings (OAH) to adopt a new rule,

or amend or repeal an existing rule by submitting a rule‑making petition

to OAH.  The petition must be titled "Petition for Rule‑making"

and must include the following information:

(1)        the

name and address of the person submitting the petition;

(2)        a

citation to any rule for which an amendment or repeal is requested;

(3)        a

draft of any proposed rule or amended rule;

(4)        an

explanation of why the new rule or amendment or repeal of an existing rule is

requested and the effect of the new rule, amendment, or repeal on the

procedures of OAH;

(5)        any

other information the person submitting the petition considers relevant.

(b)  The

Director of the Office of Administrative Hearings (Director) must decide

whether to grant or deny a petition for rule‑making within 30 days of

receiving the petition.  In making his decision, the Director will consider the

information submitted with the petition and any other relevant information.

(c)  When the

Director denies a petition for rule‑making, he must send written notice

of the denial to the person who submitted the request.  The notice must state

the reason for the denial.  When the Director grants a rule‑making

petition, he must initiate rule‑making proceedings and send written

notice of the proceedings to the person who submitted the request.

 

History Note:        Authority G.S. 150B‑20;

Eff. January 1, 1991.

 

 

 

26 NCAC 01 .0202             DECLARATORY RULINGS: AVAILABILITY

 (a)  The Director or his designee may issue declaratory

rulings.  All requests for declaratory rulings shall be in writing and submitted

to:

Office of

Administrative Hearings

1711 New Hope Church

Road

Raleigh, North

Carolina 27609

 

(b)  Every request for a declaratory ruling must include the

following information:

(1)           the name and address of the petitioner,

(2)           the reference to the statute or rule in

question,

(3)           a statement as to why the petitioner is a

person aggrieved, and

(4)           the consequences of a failure to issue a

declaratory ruling.

(c)  A declaratory ruling shall not be issued on a matter

requiring an evidentiary proceeding.

 

History Note:        Authority G.S. 150B-4;

Eff. January 1, 1987;

Recodified from 26 NCAC 1 .0002 Eff. January 1, 1991;

Amended Eff. November 1, 2012; August 2, 1993.