10A NCAC 21A .0303       APPEAL DECISION

(a)  The hearing officer shall make a tentative decision which shall be served upon the county department and the appellant by mail.  Decisions proposing to reverse the county department's action shall be sent by certified mail to the county department while decisions affirming the county department's actions will be sent by certified mail to the appellant.

(b)  The county and the appellant may present oral and written argument, for and against the decision.  Written argument may be submitted to or contact made with the Chief Hearing officer to request a hearing for oral argument.

(c)  If the Chief Hearing Officer is not contacted within 10 calendar days of the date the notice of the tentative decision is signed, the tentative decision shall become final.

(d)  If the party that requested oral argument fails to appear at the hearing for oral argument, the tentative decision becomes final.

(e)  If oral and written arguments are presented, such arguments shall be considered and a final decision shall be rendered.

(f)  The final decision shall be mailed to the appellant any the county by certified mail.

(g)  A decision upholding the appellant shall be put into effect within two weeks after receipt of the final decision.

(h)  As provided for in 42 C.F.R. 431.245, the decision shall contain the appellant's right to request a State agency hearing and seek judicial review to the extent that either is available to him.

 

History Note:        Authority G.S. 108A‑54; 108A‑79; 42 C.F.R. 431.244; 42 C.F.R. 431.245; 42 C.F.R. 431.246;

Eff. September 1, 1984;

Amended Eff. September 1, 1992.