SUBCHAPTER 24C - initial appeals from determination and higher authority review

 

SECTION .0100 GENERAL INITIAL APPEALS INFORMATION

 

04 NCAC 24C .0101 APPEAL DATE ESTABLISHED BY TESTIMONY

(a) A party shall be allowed to establish an appeal date earlier than a postal meter date, or the date of a document only in the face of clear and convincing evidence.

(b) When a party alleges filing an appeal that DES never received, the party shall present clear and convincing evidence of a timely filing, which may be corroborated by testimony or physical evidence linked to the appeal in question.

(c) The Appeals Referee shall allow cross-examination to establish timeliness of an appeal consistent with 04 NCAC 24A .0106.

 

History Note: Authority G.S. 96-4; 96-15;

Eff. July 1, 2015.