12 NCAC 09A .0207         ADMINISTRATIVE HEARING PROCEDURES

(a)  Administrative hearings in contested cases conducted by the Commission or an Administrative Law Judge as authorized in G.S. 150B-40(e) shall be governed by:

(1)           procedures set out in Article 3A of G.S. 150B;

(2)           the Rules of Civil Procedure as contained in G.S. 1A-1;

(3)           the General Rules of Practice for the Superior and District Courts as authorized by G.S. 7A-34 and found in the Rules Volume of the North Carolina General Statutes.

(b)  The rules establishing procedures for contested cases adopted by the Office of Administrative Hearings as contained in 26 NCAC 03 are hereby incorporated by reference, including subsequent amendments and editions, for contested cases for which this agency has authority to adopt rules pursuant to G.S. 150B-38(h).

(c)  If the case is conducted under G.S. 150B-40(b), the presiding officer shall have the powers and duties of the Chief Administrative Law Judge or the presiding Administrative Law Judge in 26 NCAC 03.

(d)  Pursuant to G.S. 17C-11(b), an applicant for certification, or a certified officer shall have 30 days from the date of receipt of a notice of proposed action by the Commission to request a contested case hearing.

History Note:        Authority G.S. 17C-6; 17C-11(b); 150B-38(h); 150B-40;

Eff. August 1, 2019.