10A NCAC 43D .0908      NOTICE OF HEARING

(a)  The local or State agency official shall notify the appellant, or his or her representative, the local WIC agency, and the Nutrition Services Branch in writing that a request for a hearing has been received.

(b)  Notice of the date, time, and place of the hearing shall be given to all parties at least 10 days in advance of the hearing.

(c)  The notice to the appellant, or his or her representative, shall include a stamped envelope with the return address of the agency official with a request that it be returned indicating whether the date, time, and place for the hearing is satisfactory. If a response is not received at least 72 hours prior to the time proposed for the hearing, it shall be assumed that the date, time, and place are satisfactory.

(d)  The notice shall contain:

(1)           an explanation of the procedure for the hearing;

(2)           a statement of the date, hour, place and nature of the hearing;

(3)           a reference to the particular sections of the statutes and rules involved; and

(4)           a statement of the factual allegations.

(e)  If the appellant, or his or her representative, indicates that he or she desires another time and date, the agency official shall set a new time and date for the hearing. The hearing shall be accessible to the appellant, or his or her representative.

(f)  The hearing shall be held within 21 days from the date the agency official receives the request.

History Note:        Authority G.S. 130A‑361; 150B‑22; 7 C.F.R. 246.9; 42 U.S.C. 1786;

Eff. July 1, 1981;

Amended Eff. November 1, 1990;

Temporary Amendment Eff. July 1, 2002;

Amended Eff. July 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017;

Amended Eff. March 1, 2020.