section .0500 – requests for documents, hearing recordins, and transcripts related to pending appeal or contested case

04 NCAC 24A .0501         WRITTEN REQUEST REQUIRED

(a)  A party requesting a copy of file documents, a digital recording of a hearing, or a written transcript of a hearing in a matter where an appeal is pending shall submit the request in writing.

(b)  A party's written request for a copy of the file documents, digital recording of the hearing, or written transcript of the hearing shall include:

(1)           the name and address of the party making the request;

(2)           the claimant's name, if applicable;

(3)           the employer's name, if applicable;

(4)           the docket or issue identification number of the case;

(5)           the date of or approximate date that the record was made;

(6)           the person or office that made the record; and

(7)           the name and address to which the record shall be sent.

(c)  When a party has requested a written transcript, any other party with appeal rights to the proceeding may request a copy of the transcript. The request shall meet the requirements of Paragraphs (a) and (b) of this Rule.

(d)  The request may accompany or be included in an appeal letter. Requests may also be submitted to the Legal Services Section, ATTN: Request for Hearing Record by mail to Post Office Box 25903, Raleigh, North Carolina, 27611-5903, or by facsimile to (919) 733-8745.

(e)  Requests for file documents, digital recordings, or hearing transcripts from any individual or entity who is not a party with appeal rights in the proceeding shall be evaluated pursuant to Section .0200 of this Subchapter.

(f)  Requests for file documents, digital recordings, or hearing transcripts in a matter where appeal rights have expired and the decision became final shall be made in accordance with Section .0200 of this Subchapter.

History Note:        Authority G.S. 96-4; 96-15; 20 CFR 603.5;

Eff. August 1, 2020.