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Repealed Eff.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Repealed Eff.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.
