11 NCAC 08 .0819             GENERAL

Governed by the principles of fairness, uniformity, and punctuality, the following general rules apply:

(1)           The Rules of Civil Procedure as contained in G.S. 1A‑1, 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 Board unless another specific statute or rule of the Board provides otherwise.

(2)           The Board may supply, at the cost of reproduction, forms for use in contested cases.

(3)           Every document filed with the hearing officer or the Board 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 G.S. 143‑151.17.

(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).

(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 herein are available from the Board at the cost established in 11 NCAC 1 .0103.

(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 the rules of the Board or in a specific statute, time computations in contested cases before the Board are governed by G.S. 1A‑1, Rule 6.


History Note:        Authority G.S. 143‑151.12(1); 143‑151.17; 150B‑38(h);

Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on August 21, 1992;

Eff. June 1, 1992;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.