subchapter 24F – board of review

 

SECTION .0100 – general

 

04 NCAC 24F .0100           reserved for future codification

SECTION .0200 – HIGHER AUTHORITY REVIEW OF APPEALS DECISION

 

04 NCAC 24F .0201           REQUIREMENTS FOR APPEAL STATEMENT TO BOARD OF REVIEW

A party shall file a written statement of appeal from an appeals decision to the Board of Review.  A written statement of appeal from an Appeals Decision to the Board of Review shall include the following:

(1)           identify the decision being appealed by the docket number;

(2)           contain a clear statement of the reasons or grounds for the appeal; and

(3)           state the name of the party appealing.

 

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

Eff. July 1, 2015;

Recodified from 04 NCAC 24C .0501 Eff. October 1, 2017.

 

04 NCAC 24F .0202           ACKNOWLEDGMENT OF APPEAL

(a)  The receipt of a party's appeal from an Appeals Decision shall be acknowledged in writing by the Appeals Section and sent to all parties of record.

(b)  The notice acknowledging receipt of an appeal shall inform each party of the following:

(1)           the right to request oral arguments;

(2)           the deadline to request oral arguments;

(3)           the right to submit written arguments regarding the appeal;

(4)           the deadline for submitting written arguments; and

(5)           that the party may submit a written request for a record of the hearing proceeding pursuant to G.S. 96-15(f); and the procedures for obtaining a record of the hearing, including recordings or transcripts.

(c)  Records shall be provided in accordance with G.S. 96-4(x) and Section .0200 of 04 NCAC 24A.

 

History Note:        Authority G.S. 96-4; 96-15; 20 CFR 603;

Eff. July 1, 2015;

Recodified from 04 NCAC 24C .0502 Eff. October 1, 2017.

 

04 NCAC 24F .0203           ORAL ARGUMENTS

(a)  Oral arguments shall be granted at the discretion of the Board of Review.

(b)  A written request for oral arguments shall include the following:

(1)           be directed to the Board of Review, North Carolina Department of Commerce by mail, facsimile, or email pursuant to 04 NCAC 24A .0104(l);

(2)           be received within 15 days of the date on the notice acknowledging receipt of an appeal from an Appeals Decision; and

(3)           contain a statement that a copy of the request was mailed or personally delivered to the opposing party, if one exists.

(c)  If the request is granted, the Board of Review shall give written notice to each interested party to appear before the Board of Review.

(d)  Notice to appear before the Board of Review to present oral arguments shall contain:

(1)           the Higher Authority Decision docket number;

(2)           the Lower Appeals Decision docket number;

(3)           the identity of the party requesting oral arguments;

(4)           the right of the non-requesting party to appear and present oral arguments;

(5)           the date and time for oral arguments;

(6)           the physical address where oral arguments are scheduled to be held; and

(7)           each party's right to legal representation.

(e)  The notice to appear for oral arguments shall be mailed to each party at least 14 calendar days before the date scheduled for arguments.

(f)  Any request to reschedule oral arguments shall be sent by mail, fax, or email to the Board of Review pursuant to 04 NCAC 24A .0104(l), and to each party to the proceeding by mail, fax, or delivery service as defined under 04 NCAC 24A .0105.  A request to reschedule oral arguments shall state the reason(s) for the request.

 

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

Eff. July 1, 2015;

Recodified from 04 NCAC 24C .0503 Eff. October 1, 2017.

 

04 NCAC 24F .0204           LEGAL REPRESENTATION

(a)  An individual who is a party to a proceeding may represent himself or herself before the Board of Review.

(b)  A partnership or association may be represented by any of its members.

(c)  A corporation may be represented by an officer.

(d)  Any party may be represented by a legal representative as defined in 04 NCAC 24A .0105.

(e)  Notices or certification of attorney supervision shall be in writing and presented to the Board of Review to become part of the official record and shall contain:

(1)           the name and business address of the supervising attorney; and

(2)           the supervising attorney's active North Carolina State Bar number.

(f)  When a party has a legal representative, all documents or information required to be provided to the party shall be provided only to the legal representative, unless otherwise requested in writing to the Board of Review.  An address provided to the Board of Review for mailing shall not constitute a change of address with DES for purposes of 04 NCAC 24A .0102.

(g)  Any information provided to a party's legal representative shall have the same force and effect as if it had been sent to the party.

 

History Note:        Authority G.S. 96-4; 96-15; 96-17;

Eff. July 1, 2015;

Recodified from 04 NCAC 24C .0504 Eff. October 1, 2017.

 

04 NCAC 24F .0205           INTRODUCTION OF EVIDENCE IN HIGHER AUTHORITY HEARINGS

A party desiring to introduce documents or other non-testimonial evidence at a de novo hearing shall provide an authenticated copy plus one copy for the Board of Review, or a hearing officer appointed by the Board to include in the official record at the hearing.  A copy shall be provided to each party prior to the hearing.  Documents or other evidence shall be provided to the opposing party prior to the hearing.

 

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

Eff. July 1, 2015;

Recodified from 04 NCAC 24C .0505 Eff. October 1, 2017.

 

04 NCAC 24F .0206           CONTENT OF HIGHER AUTHORITY DECISION

The Board of Review shall issue a written Higher Authority Decision that includes the following:

(1)           the names of the members of the Board of Review who participated in the review;

(2)           findings of fact, conclusions of law, and the decision of the Board of Review;

(3)           instructions for filing an appeal of the Higher Authority Decision to the superior court and the date the Higher Authority Decision was mailed; and

(4)           notice that claims filed on or after June 30, 2013 shall be subject to repayment of overpayment of benefits resulting from any decision that is later reversed on appeal.

 

History Note:        Authority G.S. 96-4; 96-11.4; 96-15;

Eff. July 1, 2015;

Temporary Amendment Eff. March 1, 2016;

Temporary Amendment Expired December 10, 2016;

Amended Eff. April 1, 2017;

Recodified from 04 NCAC 24C .0506 Eff. October 1, 2017.

 

SECTION .0300 – Tax liability hearings

 

04 NCAC 24F .0301           APPEALING A TAX MATTER

(a)  All appeals regarding tax matters, or monetary eligibility shall be filed with the DES Tax Administration Section pursuant to 04 NCAC 24A .0104(n).

(b)  A written appeal under this rule shall contain the following:

(1)           the date of the appeal;

(2)           the identity of the determination, decision, or result being appealed;

(3)           a clear statement of the party's intent to appeal;

(4)           reasons for the appeal; and

(5)           the name of the party appealing the determination, decision, or result.

 

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

Eff. July 1, 2015;

Recodified from 04 NCAC 24D .1101 Eff. October 1, 2017.

 

04 NCAC 24F .0302           SCHEDULING TAX HEARINGS 

(a)  A notice of the hearing shall be mailed to each party at least fourteen days before the hearing date. 

(b)  The hearing notice shall include the following:

(1)           identify the determination, decision, or result being appealed or protested;

(2)           the name of the appealing or protesting party;

(3)           the date and time of the hearing;

(4)           if requested at the time of the filing of the appeal, the physical location of an in-person hearing;

(5)           the telephone number at which each party will be called for a telephone hearing;

(6)           each issue, with statutory reference, to be heard and decided;

(7)           the name and contact information for the Board of Review or designated Hearing Official;

(8)           the manner in which witnesses may offer evidence and participate in the hearing;

(9)           each party's right to obtain a legal representative as defined in 04 NCAC 24A .0105;

(10)         instructions for requesting a rescheduling of the hearing;

(11)         notice that a party may object to a telephone hearing and request an in-person hearing;

(12)         a statement of each party's right to request the issuance of a subpoena for the production of records or individuals to appear to testify, and instructions for how to do so. 

 

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

Eff. July 1, 2015;

Recodified from 04 NCAC 24D .1102 Eff. October 1, 2017.

 

04 NCAC 24F .0303           TELEPHONE HEARINGS

(a)  Hearings shall be conducted by telephone conference call, unless a request is made for an in-person hearing at the time the appeal is filed, or an objection is made pursuant to Rule .1104 of this Section. 

(b)  In cases of telephone hearings, the Board of Review shall provide a Telephone Hearing Questionnaire for each party to submit each telephone number to be called by the Board of Review or its designated Hearing Official for the hearing.  If a party fails to submit a telephone number to be called for the hearing, the Board of Review shall call each party at the telephone number listed on the hearing notice.

 

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

Eff. July 1, 2015;

Recodified from 04 NCAC 24D .1103 Eff. October 1, 2017.

 

04 NCAC 24F .0304           IN-PERSON HEARINGS

(a)  A party shall only request an in-person hearing at the time the appeal is filed in writing, or by filing a written objection to the telephone conference call, received at least seven days before the scheduled hearing.

(b)  If travel is required to conduct the in-person hearing, the objecting party shall travel to a location convenient to the non-objecting party, as determined by the Board of Review.

 

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

Eff. July 1, 2015;

Recodified from 04 NCAC 24D .1104 Eff. October 1, 2017.

 

04 NCAC 24F .0305           reserved for future codification

 

04 NCAC 24F .0306           RESCHEDULING A TAX HEARING

(a)  The Board of Review may continue or adjourn a hearing at any time.

(b)  A request for a continuance of a hearing made prior to the hearing date shall be in writing and shall specify the reasons for the request. 

 

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

Eff. July 1, 2015;

Recodified from 04 NCAC 24D .1105 Eff. October 1, 2017.

 

04 NCAC 24F .0307           SUBPOENAS

(a)  Any party's request for a subpoena to be issued by the Board of Review shall be in writing, sent to the Board of Review, and shall include:

(1)           the name of the party requesting the subpoena;

(2)           the claimant's name, if applicable;

(3)           the employer's name, if applicable;

(4)           the docket number of the case; 

(5)           the name, address, and telephone number of each person sought for appearance at the hearing;

(6)           the specific identification of any document, recording, or item sought, including a detailed description of where the item is located;

(7)           the name and address of the individual or party in possession of any item sought; and

(8)           a statement of why the testimony or evidence to be subpoenaed is necessary for a proper presentation of the case.

(b)  Legal representatives shall issue subpoenas at their own expense and discretion.

(c)  Any party or person receiving a subpoena may serve a written objection to the issuance of the subpoena. 

(1)           The objection shall be directed to the Board of Review prior to the commencement of the hearing and provide reasons for the objection and the relief sought by the objecting party.

(2)           The Board of Review shall rule on the objection and notify the parties before the hearing.  The Board of Review's reasons for its ruling shall be in writing or stated on the record during the hearing.

 

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

Eff. July 1, 2015;

Recodified from 04 NCAC 24D .1106 Eff. October 1, 2017.

 

04 NCAC 24F .0308           THE TAX OPINION

(a)  Following the conclusion of a tax hearing, the Board of Review shall issue a tax opinion with respect to the appeal filed.

(b)  The tax opinion shall set forth:

(1)           a statement of the case;

(2)           any findings of fact;

(3)           conclusions of law;

(4)           the final order with regard to the opinion rendered;

(5)           the date the opinion was mailed;

(6)           instructions for filing an appeal; and

(7)           the time period within which an appeal shall be filed.

(c)  The Board of Review shall mail a copy of the tax opinion to each party to the appeal.

 

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

Eff. July 1, 2015;

Recodified from 04 NCAC 24D .1107 Eff. October 1, 2017.