10A NCAC 43D .0909      HEARING OFFICER

The Director of the Division of Public Health shall designate a representative who did not participate in taking the action under appeal to be the hearing officer. The hearing officer shall:

(1)           preside over the informal proceeding;

(2)           ensure that all relevant issues are considered;

(3)           request, receive and insert into the hearing record all evidence determined necessary to reach a decision;

(4)           conduct the meeting in accordance with due process and ensure an orderly hearing;

(5)           order, if relevant and necessary, an independent medical assessment or professional evaluation for the appellant from a source mutually satisfactory to all parties to the hearing; and

(6)           issue a decision.

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. July 1, 1995; July 1, 1987;

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.