04 NCAC 24C .0102          EXCEPTION TO TIMELINESS REQUIREMENT

Timeliness sanctions shall be waived when DES or an agent state representative gives misleading information on appeal rights to a party, if the party:

(1)           establishes what he or she was told was misleading and how he or she was misled;

(2)           identifies, if possible, the individual who misled him or her; and

(3)           no written instructions contrary to the misleading information were provided by DES to the party with service of the order being appealed.

 

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

Eff. July 1, 2015.