10A NCAC 22H .0204       HEARING PROCEDURES

(a)  Upon timely receipt of a request for a hearing, the Hearing Unit shall promptly notify the facility of the request.

(b)  The parties shall be notified by certified mail of the date, time and place of the hearing.  If the hearing is to be conducted in person, it shall be held in Raleigh, North Carolina.

(c)  At least five working days prior to the hearing, the facility administrator shall make available to the resident all documents and records to be used at the hearing.  The facility administrator shall forward identical information to the Hearing Unit, to be received at least five working days prior to the hearing.

(d)  The hearing officer may grant continuances.

(e)  The hearing officer may dismiss a request for hearing if the resident or family member or legal representative of the resident fails to appear at a scheduled hearing.

(f)  The hearing officer may proceed to conduct a scheduled hearing if a facility representative fails to appear at a scheduled hearing.

(g)  The Rules of Civil Procedures as contained in G.S. 1A-1 and the General Rules of Practice for the Superior and District Courts as authorized by G.S. 7A-34 and found in the Rules Volume of the North Carolina General Statutes shall not apply in any hearings held by a Division Hearing Officer unless another specific statute or rule provides otherwise.  Division hearings are not hearings within the meaning of G.S. 150B and shall not be governed by the provisions of that Chapter unless otherwise stated in these Rules.  Parties may be represented by counsel or other representative at the hearing.

 

History Note:        Authority G.S. 108A-25(b); 42 USCS 1396r(e)(3), (f)(3); 42 C.F.R. 483.12;

Eff April 1, 1994.