Page:NC-Register-Volume-01-Issue-01.pdf/12

 v

) ,

a



(1) A statement of the date, hour, place, and nature of the hearing; (2) A reference to the the sections of particular statutes and rules involved; (3) A short and plain the factual statement of allegations; and (4) the If the agency is Department of human Resources, a statement of who will conduct the hearing and that the party may request a hearing officer in the Office of Administrative Hearings as provided in G.S. 150B-32. Notice shall be given (c) personally or by certified mail. If given by certified mail, it shall be deemed to have been delivery date given on the appearing on the return receipt. If giving of notice cannot be

accomplished either personally or by certified mail notice the shall then be given in manner provided in G.S 1A-1, Rule 4( jl ) person may (d) Any petition to become a party by filing a motion to intervene in the manner provided G.S. in In addition, any 1A-1, Rule 24. person interested in a contested case may intervene and participate in that proceeding to the extent deemed appropriate by the hearing officer. (e) All hearings under this Chapter shall be open to the public. Hearings shall be conducted an impartial in manner. Hearings be shall conducted according to the procedures out set in this Article except to the extent and the particulars that in specific hearing procedures and time standards are governed by another statute. 50B-24 of Venue heari ng --(a) The hearing of a contested case shall be conducted In the county in this State in which any person whose property or rights are the subject matter of the hearing maintains his residence; (2) In the county where the agency maintains its principal office if the property or rights that are the subject matter of the hearing do not affect any person or if the subject matter of the hearing is the property or r i h ts of residents of more than one count or (3) In any county determined by the agency or hearing officer in his discre I ion to promote the ends ,

,

1

.

.

(

1

tj



10

.

-

.

.

justice or better serve the convenience of witnesses. (b) whose Any person or rights are property the subject matter of the hearing waives his objection to venue by proccedinq in the hearing. Con duct of 150B-25. If a he ring; a n swer (a) party fails to appear in a proper contested case after service of notice, and if no adjournment or continuance is granted, the agency or hearing officer may proceed with the hearing in the absence of the party A party who has been (b) served with a notice of hearing may file a written response, and to all a copy must be mailed other parties not less than 10 days before the date set for hearing. If the agency is the Department of Human Resources, response may the include a request for a hearing officer in the Office of Administrative Hearings as provided in G.S. of

—

150B-32. (c) The parties shall be given an opportunity to present arguments on issuer, of lav; and policy and an opportunity present evidence on issues of fact (d) party may A cross-examine any witness, including the author of a document prepared by, on behalf of, or for use of the agency and offered in evidence. Any party may submit rebuttal evidence. Consolidation. 150B-26. When contested cases involving a common question of law or fact proceedings or multiple involving the same or related parties are pending, the chief hearing officer of the Office of Administrative Hearings may order a joint hearing of any matters at issue in the cases, order the cases consolidated, or reduce malte other orders to the costs or delay in proceedings. If one or more, parties but not all a in consolidated contested case in Department of Human the Resources involving multiple requests aggrieved persons a hearing officer in the Office of Administrative Hearings as provided in G.S. 150B-32, the chief hearing officer in the of Administrat ive Office Hearings shall decide whether to reques t at tcr grant the consulting with the parties in con tested all cases the involved 5 B 27 St ib poena, After the commencement of a.

—

—

NORTH CAROLINA REGISTER

1

.