11 NCAC 01 .0414             GENERAL PROVISIONS

Governed by the principles of fairness, uniformity, and punctuality, the following general provisions apply to this Section:

(1)        The Rules of Civil Procedure 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 apply in contested cases before the Commissioner unless another specific statute or rule provides otherwise.

(2)        The Department may supply, at the cost for copies specified in G.S. 58‑6‑5(3), forms for use in contested cases.

(3)        Every document filed with the hearing officer shall be signed by the author of the document,  and shall contain his name, address, telephone number, and North Carolina State Bar number if the author is an attorney.  An original and one copy of each document shall be filed.

(4)        Except as otherwise provided by statute, the rules contained in this Section govern the conduct of contested case hearings under Chapter 58 of the General Statutes.

(5)        The content and the manner of service of the notice of hearing shall be as specified in G.S. 150B‑38(b) and (c) and in 11 NCAC 1 .0413(4).

(6)        Venue in a contested case shall be determined in accordance with G.S. 150B‑38(e).

(7)        Hearings shall be conducted, as nearly as practical, in accordance with the practice in the Trial Division of the General Court of Justice.

(8)        Ex parte communications in a contested case are governed by G.S. 150B‑40(d).

(9)        This Section and copies of all matter adopted by reference in this Section are available from the Department at the cost established in G.S. 58‑6‑5(3).

(10)      The rules of statutory construction contained in Chapter 12 of the General Statutes apply in the construction of this Section.

(11)      Unless otherwise provided in a specific statute, time computations in contested cases under this Section are governed by G.S. 1A‑1, Rule 6.


History Note:        Authority G.S. 58‑2‑40(1); 58‑2‑50; 58‑2‑55; 58‑2‑70; 150B‑38(h);

Eff. July 1, 1992.