10A NCAC 43D .0908       NOTICE OF HEARING

(a)  The agency official shall notify the aggrieved party, the local WIC agency and the Nutrition Services Branch in writing that a request for a hearing has been received and shall appoint a time, date, and place for the hearing within 10 days of receipt of the request.

(b)  Notice shall be given to all parties at least 10 days in advance of the hearing.

(c)  The notice to the aggrieved party shall include a stamped envelope with the return address of the agency official with a request that it be returned indicating whether the time and place for the hearing is satisfactory.  If a response is not received at least 24 hours prior to the time proposed for the hearing, it shall be assumed that the time and place are satisfactory.

(d)  The notice shall contain:

(1)           a simplified explanation of the procedure for the hearing;

(2)           a statement of the date, hour, place and nature of the hearing;

(3)           a reference to the particular sections of the statutes and rules involved; and

(4)           a short and plain statement of the factual allegations.

(e)  If the aggrieved party indicates that he‑she desires another time and date, the agency official shall set a new time and date for the hearing.  The hearing shall be accessible to the appellant.

(f)  The hearing shall be held within three weeks from the date of the receipt of the request.

 

History Note:        Authority G.S. 130A‑361; 150B‑22; 7 C.F.R. 246.9; 42 U.S.C. 1786;

Eff. July 1, 1981;

Amended Eff. November 1, 1990;

Temporary Amendment Eff. July 1, 2002;

Amended Eff. July 1, 2004.