SUBCHAPTER 14D ‑ CONDUCT OF THE CONTESTED CASE

SECTION .0100 ‑ FAILURE TO APPEAR

21 NCAC 14D .0101         PROCEEDING WITHOUT PARTY

Should a party who has been served with notice fail to appear at a scheduled hearing without having previously been granted a continuance, the Board may either proceed with the hearing in the party's absence, continue the hearing, or dismiss the proceeding.

History Note:        Authority G.S. 150B‑38(h); 150B‑40;

Eff. February 1, 1976;

Amended Eff. January 1, 1989; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

21 NCAC 14D .0102         ALTERNATIVES OF HEARING OFFICER

History Note:        Authority G.S. 88‑23; 150B‑25;

Eff. February 1, 1976;

Repealed Eff. April 1, 1988.

21 NCAC 14D .0103         CONTINUANCES

A continuance will be granted to a party only in compelling circumstances.  Usually only one such postponement will be allowed.

History Note:        Authority G.S. 150B‑38(h); 150B‑40;

Eff. February 1, 1976;

Amended Eff. January 1, 1989; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

21 NCAC 14D .0104         PETITION TO REOPEN

(a)  If a hearing is conducted and if a decision is reached in the absence of a party, the party may petition the Board for a reopening of the case.  Petitions will not be granted except when the petitioners show that the reason for failure to appear was justifiable and unavoidable and that fairness and justice require a reopening of the case.

(b)  All petitions for reopening of the case shall be in writing and addressed to the chairman of the Board at it's address, and shall contain the following information:

(1)           the name and address of the petitioner,

(2)           a full identification of the hearing which the petitioner is seeking to reopen, and

(3)           a detailed explanation of the reasons for the petitioner's desire to reopen the hearing.

History Note:        Authority G.S. 150B‑38;

Eff. February 1, 1976;

Amended Eff. January 1, 1989; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

21 NCAC 14D .0105         CRITERIA FOR REOPENING A CASE

The Board shall make a decision on whether to reopen the petitioner's case based upon the merits of the petition or other pertinent information in the Board's possession.  A copy of the decision will be sent to the petitioner and made a part of the permanent record of the contested case.

History Note:        Authority G.S. 150B‑38;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

SECTION .0200 ‑ PRE‑HEARING CONFERENCE

21 NCAC 14D .0201         DISCRETION TO HOLD CONFERENCE

21 NCAC 14D .0202         PURPOSES

21 NCAC 14D .0203         NATURE OF CONFERENCE

21 NCAC 14D .0204         NOTICE OF PRE‑HEARING CONFERENCE

21 NCAC 14D .0205         SIMPLIFICATION OF ISSUES

History Note:        Authority G.S. 88‑23; 150B‑11(1); 150B‑23; 150B‑31; 150B‑33(5);

Eff. February 1, 1976;

Repealed Eff. April 1, 1988.

SECTION .0300 ‑ SUBPOENAS

21 NCAC 14D .0301         AUTHORITY TO ISSUE

History Note:        Authority G.S. 88‑23; 150B‑27;

Eff. February 1, 1976;

Repealed Eff. April 1, 1988.

21 NCAC 14D .0302         ISSUANCE

Subpoenas requiring the attendance of witnesses or those to produce documents, evidence or things must be issued by the chairman of the Board or his agent within three business days of the receipt of a request from a party to a contested case.

History Note:        Authority G.S. 150B‑38(h); 150B‑39;

Eff. February 1, 1976;

Amended Eff. January 1, 1989; August 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

21 NCAC 14D .0303         SERVICE OF SUBPOENAS

(a)  Subpoenas may be served in any manner provided by law.

(b)  Subpoenas shall be issued in duplicate with a "Return of Service" form attached to each copy.  The person serving the subpoena shall fill out the "Return of Service" form for each copy and promptly return one copy of the subpoena with the attached "Return of Service" form completed to the Board.

History Note:        Authority G.S. 150B‑27;

Eff. February 1, 1976;

Amended Eff. January 1, 1989; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

21 NCAC 14D .0304         UNREASONABLE SUBPOENAS

History Note:        Authority G.S. 88‑23; 150B‑27;

Eff. February 1, 1976;

Repealed Eff. April 1, 1988.

21 NCAC 14D .0305         OBJECTIONS

Any person receiving a subpoena may object thereto by filing a written objection with the Board.

History Note:        Authority G.S. 150B‑38(h); 150B‑39;

Eff. February 1, 1976;

Amended Eff. January 1, 1989; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

21 NCAC 14D .0306         STATEMENT OF REASONS

An objection to a subpoena must include a concise but complete statement of reasons why the subpoena should be revoked or modified.  These reasons may include lack of relevancy of the evidence requested, lack of particularity in the description of the evidence sought, or any other reason sufficient in law for holding the subpoena invalid, such as that the evidence is privileged or that appearance or production would be so disruptive as to be unreasonable in light of the significance of the evidence sought or would produce some other undue hardship.

History Note:        Authority G.S. 150B‑38(h); 150B‑39;

Eff. February 1, 1976;

Amended Eff. January 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

21 NCAC 14D .0307         SERVICE OF OBJECTIONS

Any objections to a subpoena filed with the Board must be simultaneously served on the party requesting the subpoena.

History Note:        Authority G.S. 150B‑38(h); 150B‑39;

Eff. February 1, 1976;

Amended Eff. January 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

21 NCAC 14D .0308         RESPONSES TO OBJECTIONS

The party requesting the subpoena, within 10 days, may file a written response to the objection.  The response shall be served in like manner as the objection.

History Note:        Authority G.S. 150B‑38(h); 150B‑39;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

21 NCAC 14D .0309         HEARINGS ON SUBPOENA CHALLENGES

After receipt of the objection and a response thereto, if any, the hearing board or the presiding officer shall issue a notice of hearing to the party who requested the subpoena and the party challenging it and may notify all other parties of a hearing before the Board to be scheduled within a reasonable time at which hearing evidence and testimony may be presented by all parties limited to the questions raised by the subpoena, the objection, and subsequent responses thereto.

History Note:        Authority G.S. 88‑23; 150B‑25; 150B‑39;

Eff. February 1, 1976;

Amended Eff. April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

21 NCAC 14D .0310         RULINGS

Promptly after the close of any hearing on an objection to a subpoena, the Board will issue a written decision.  Based on the evidence presented and the record, the Board may revoke or modify the subpoena for good cause, based on such issues as oppressiveness, relevancy, and other appropriate factors, or may overrule the objection to the subpoena.  A written copy of the decision will be served on the person objecting to the subpoena and all parties to the hearing.

History Note:        Authority G.S. 150B‑38(h); 150B‑39;

Eff. February 1, 1976;

Amended Eff. January 1, 1989; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

SECTION .0400 ‑ DISCOVERY

21 NCAC 14D .0401         DISCOVERY OF INFORMATION

21 NCAC 14D .0402         FAILURE TO SUBMIT TO DISCOVERY

History Note:        Authority G.S. 88‑23; 150B‑28;

Eff. February 1, 1976;

Repealed Eff. April 1, 1988.

SECTION .0500 ‑ DEPOSITIONS

21 NCAC 14D .0501         USE OF DEPOSITIONS

21 NCAC 14D .0502         PROCEDURE FOR TAKING A DEPOSITION

21 NCAC 14D .0503         RULINGS ON DEPOSITIONS

History Note:        Authority G.S. 88‑23; 150B‑28;

Eff. February 1, 1976;

Repealed Eff. April 1, 1988.