10A ncac 63G .0302       request FOR contested case HEARING

(a)  If the results of the conference are unsatisfactory, the consumer shall be informed by the Division of his or her right to a contested case hearing.

(b)  All contested case hearings shall be heard by the Office of Administrative Hearings pursuant to G.S. 150B, Article 3. The consumer shall be notified by the designated agency representative in writing that he has the right to petition the Office of Administrative Hearings and request a contested case hearing.  The consumer shall be instructed by the designated agency representative to contact OAH and request the specific forms to be completed.

(c)  In this same written notice the consumer shall be instructed that they have 60 calendar days from the date they receive the agency notice to request a contested case hearing through OAH.  Any petition for a contested case must be returned by the consumer directly to the Office of Administrative Hearings.

History Note:        Authority G.S. 111‑8; 143B‑157; 150B‑23;

Eff. February 1, 1976;

Readopted Eff. November 16, 1977;

Amended Eff. August 1, 2002; December 1, 1990; April 1, 1990; June 1, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 23, 2015.