10A NCAC 67A .0203      GOOD CAUSE FOR DELAYED HEARINGS

(a)  A local appeal hearing under G.S. 108A-79 shall be delayed as provided in G.S. 108A-79(e) for good cause.

(b)  A State appeal hearing under G.S. 108A-79 shall be delayed when there is good cause. The postponement shall not exceed 30 calendar days.

(c)  For the purpose of this Rule, good cause exists when:

(1)           There is a death in the appellant's family. For the purpose of this Rule, family is defined as a spouse, parent, sibling, child, stepchild, grandparent, grandchild, stepparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, or nephew.

(2)           The appellant or someone in his or her family is ill;

(3)           The appellant is unable to obtain representation;

(4)           The appellant's representative has a conflict with the scheduled date;

(5)           The appellant receives a notice of action proposing a reduction or termination of assistance after the 10 work day notice expires;

(6)           The appellant is unable to obtain transportation; or

(7)           The hearing officer determines that the hearing should be delayed for some other reason in the interests of justice.

History Note:        Authority G.S. 108A‑79; 143B‑153;

Eff. October 1, 1981;

Amended Eff. February 1, 1986;

Readopted Eff. September 1, 2019.