10A NCAC 13G .0213       APPEAL of licensure action

(a)  In accordance with G.S. 150B‑2(2), any person may request a determination of his legal rights, privileges, or duties as they relate to laws or rules administered by the Department of Human Resources.  All requests must be in writing and contain a statement of facts prompting the request sufficient to allow for appropriate processing by the Department of Health and Human Services.

(b)  Any person seeking such a determination shall comply with G.S. 150B‑22 concerning informal remedies.

(c)  All petitions for hearings regarding matters under the control of the Department of Health and Human Services shall be filed with the Office of Administrative Hearings in accordance with G.S. 150B‑23 and 26 NCAC 03 .0103.  In accordance with G.S. 1A‑1, Rule 4(j)4, the petition shall be served on a registered agent for service of process for the Department of Health and Human Services.  A list of registered agents may be obtained from the Office of Legislative and Legal Affairs at 2005 Mail Service Center, Raleigh, North Carolina 27699-2005.

(d)  An administrator of a facility which has its license revoked may not apply to operate another facility except according to the terms set forth by the Director of the Division of Health Service Regulation in his final closure notice.

 

History Note:        Authority 131D-2.4; 131D-2.16; 143B-165; 150B‑23;

Eff. January 1, 1977;

Readopted Eff. October 31, 1977;

Amended Eff. July 1, 1990; April 1, 1984.