North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 05 - AGING - GENERAL PROVISIONS › Subchapter E - DIVISION HEARINGS › Section .0100 - GENERAL › Section 05E .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Unless otherwise redefined by this Section, the definitions
					 contained in
					 G.S.
					 150B-2 are incorporated herein by reference
					 pursuant to
					 G.S.
					 150B-14(c). The following
					 definitions shall apply:
(1) "Agency"
				  means an Area Agency on Aging as defined in the Older Americans Act, 42 U.S.C.
				  Sec. 3001 et. seq.
(2) "Division"
				  means the North Carolina Division of Aging of the North Carolina Department of
				  Human Resources.
(3) "File or
				  Filing" means personal delivery, delivery by certified mail, or delivery by
				  licensed overnight express mail of a document or paper to the current acting
				  Assistant Secretary of the North Carolina Division of Aging at 693 Palmer
				  Drive, 2101 Mail Service Center, Raleigh, NC 27699-2101. A document or paper is
				  deemed filed as of the date it is delivered to the Assistant Secretary, or when
				  properly addressed, officially postmarked and accepted for delivery by the
				  United States Postal Service or other licensed express mail service, whichever
				  is earlier. Filings addressed to a person other than the Assistant Secretary,
				  or which fail to be filed within the time periods established by the respective
				  Area Agency, by these Rules, or by the hearing officer, or which otherwise fail
				  to be filed in conformity with these Rules (i.e., no certificate of service)
				  may be considered as improper filings and denied, taken as an admission, or
				  dismissed accordingly. Except for excusable clerical error, good cause and a
				  showing of irreparable harm, an improper filing shall not extend the deadline
				  for filing of documents. All filings shall be submitted on 8 1/2" by 11"
				  paper.
(4) "Hearing" means an
				  administrative proceeding, requested by written petition, whereby a person
				  aggrieved is given an opportunity to be heard regarding his or her rights,
				  duties or privileges. All hearings shall be electronically recorded by the
				  hearing officer. Costs of certified transcripts or electronic reproductions
				  shall be borne by the parties requesting same, and shall be paid prior to
				  delivery of same to the parties. Costs shall be determined by the Chief DoA
				  Fiscal Officer at the time of the request.
(5) "Hearing Officer" means a person
				  designated to preside over a decision review hearing. In the absence of
				  contrary designation, the Division attorney shall be the Hearing Officer for
				  all such hearings.
(6) "Respondent"
				  means an agency, or in case of discrimination, an agency or service provider,
				  whom a petition has been filed against and who has been served with a copy of
				  same.
(7) "Serve or Service" means
				  personal delivery, delivery by first class or certified United States Postal
				  Service mail or delivery by licensed overnight express mail, postage prepaid
				  and addressed to the party at his or her last known address. Service by mail or
				  licensed overnight express mail is complete upon placing the item to be served,
				  enclosed in a wrapper addressed to the person to be served, in an official
				  depository of the United States Postal Service or upon delivery, postage
				  prepaid and wrapped in a wrapper addressed to the person to be served, to an
				  agent of the overnight express mail service. For purposes of service on the
				  Division, the Assistant Secretary of the Division shall be the designated
				  agent.
(8) "Service Provider" means
				  a contractor or subgrantee receiving federal funds to provide service under the
				  Older Americans Act, 42 U.S.C. Sec. 3001 et. seq.
Authority
					 G.S.
					 132-6;
					 143B-10;
					 143B-138;
					 143B-181.1; 42 U.S.C., Sec.
					 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix
					 G;
Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.