10A NCAC 43D .0909 HEARING OFFICER
The Director of the Division of Public Health shall designate a representative who did not participate in taking the action under appeal to be the hearing officer. The hearing officer shall:
(1) preside over the informal proceeding;
(2) ensure that all relevant issues are considered;
(3) request, receive and insert into the hearing record all evidence determined necessary to reach a decision;
(4) conduct the meeting in accordance with due process and ensure an orderly hearing;
(5) order, if relevant and necessary, an independent medical assessment or professional evaluation for the appellant from a source mutually satisfactory to all parties to the hearing; and
(6) issue a decision.
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. July 1, 1995; July 1, 1987;
Temporary Amendment Eff. July 1, 2002;
Amended Eff. July 1, 2004;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.