13 NCAC 07A .0712         NOTICE OF HEARING

(a)  Service.  Upon request for a hearing as provided in this part, or upon his own initiative, the Commissioner shall serve, or cause to be served, a reasonable notice of hearing.

(b)  Contents.  A notice of hearing served under Paragraph (a) of this Rule shall include:

(1)           the time, place and nature of the hearing;

(2)           the legal authority under which the hearing is to be held;

(3)           a specification of issues of fact and law; and

(4)           a designation of a hearing officer appointed to preside over the hearing.

(c)  Notification.  A notice of hearing issued pursuant to Paragraph (a) of this Rule shall be served on the party applying for the limitation, variation, tolerance or exemption.  Notice of the hearing shall be served on the employees by posting such notice in each establishment in a conspicuous place where notices to employees are customarily posted.  This notice shall remain posted for a period of not less than five days prior to the date of the hearing.  Verification of the posting of this notice shall be provided to the Commissioner.

History Note:        Authority G.S. 95‑132;

Eff. February 1, 1976;

Amended Eff. September 20, 1976;

Readopted Eff. September 30, 1977;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.