reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0407-0411

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  1A-1;
				  150B-28;
				  150B-38;
				  150B-39;
				  150B-40;
Eff.
				  February 1, 1976;
Readopted Eff. May 12, 1978;
Amended
				  Eff. August 1, 1988; June 1, 1985;
Repealed Eff. July 1,
				  1992.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0412 - REPEALED - APPEALS TO THE COMMISSIONER

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-155.49, -155.83, -173.11, -173.23,
				  -248.39;
Eff. May 12, 1978;
Repealed Eff. August 1,
				  1988.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0413 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The definitions contained in
				  G.S.
				  150B-2 are incorporated in this Section by
				  reference. In addition to those definitions, the following definitions apply to
				  this Section:
(1) "File or filing"
				means to place or the placing of the paper or item to be filed into the care
				and custody of the hearing officer, and acceptance thereof by him. All
				documents filed with the hearing officer, except exhibits, shall be in
				duplicate in letter size 8 1/2" by 11".
(2) "Hearing officer" means the Commissioner,
				a member of the Commissioner's staff appointed by the Commissioner under
				G.S.
				58-2-55, or an administrative law judge
				assigned under
				G.S.
				58-2-55.
(3) "Party" means the Department, the
				licensee, or an intervenor who qualifies under
				11 NCAC
				01 .0425.
(4) "Service or serve" means personal
				delivery or, unless otherwise provided by law or rule, delivery by first class
				United States Postal Service mail or a licensed overnight express mail service,
				postage prepaid and addressed to the person to be served at his or her last
				known address. A certificate of service by the person making the service shall
				be appended to every document requiring service under this Section. 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 postage prepaid and
				wrapped in a wrapper addressed to the person to be served, to an agent of the
				overnight express mail service.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Amended Eff. April 1, 1995;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0414 - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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
				01 .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.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0415 - ORDER FOR PREHEARING STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The hearing officer may serve all parties with an order for
				  prehearing statements together with, or after service of, the notice of
				  hearing. Every party thus served shall, within 30 days after service, file the
				  requested statements setting out the party's present position on the
				  following:
(1) The nature of the
				proceeding and the issues to be resolved;
(2) A brief statement of the facts and
				reasons supporting the party's position on each matter in dispute;
(3) A list of proposed witnesses with a brief
				description of his or her proposed testimony;
(4) A description of what discovery, if any,
				the party will seek to conduct prior to the contested case hearing and an
				estimate of the time needed to complete discovery;
(5) Venue considerations;
(6) Estimation of length of the
				hearing;
(7) The name, address, and
				telephone number of the party's attorney, if any; and
(8) Other special matters.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0416 - DUTIES OF THE HEARING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
In conjunction with the powers in this Section, in General
				  Statute Chapter 58, and in Article 3A of General Statute Chapter 150B, the
				  hearing officer shall perform the following duties, consistent with law:
(1) Hear and rule on motions;
(2) Grant or deny continuances;
(3) Issue orders regarding prehearing
				matters, including directing the appearance of the parties at a prehearing
				conference;
(4) Examine witnesses
				when deemed to be necessary to make a complete record and to aid in the full
				development of material facts in the case;
(5) Make preliminary, interlocutory, or other
				orders as deemed to be appropriate;
(6) Order a summary disposition of the case
				or any part thereof when there is no genuine issue as to any material fact or
				recommend dismissal when the case or any part thereof has become moot or for
				other reasons; and
(7) Apply
				sanctions in accordance with
				11 NCAC
				01 .0423.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Amended Eff. August 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0417 - CONSENT ORDER; SETTLEMENT; STIPULATION

Current through Register Vol. 39, No. 2, July 15, 2024
Informal disposition may be made of a contested case or an
				  issue in a contested case by stipulation, agreement, or consent order at any
				  time during the proceedings. Parties may enter into such agreements on their
				  own or may ask for a settlement conference with the hearing officer to promote
				  consensual disposition of the case.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0418 - SETTLEMENT CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A settlement
				conference is for the primary purpose of assisting the parties in resolving
				disputes and for the secondary purpose of narrowing the issues and preparing
				for hearing.
(b) Upon the request
				of any party, the hearing officer shall assign the case to another hearing
				officer appointed by the Commissioner under
				G.S.
				58-2-55 for the purpose of conducting a
				settlement conference. Unless the parties and the other hearing officer agree,
				a unilateral request for a settlement conference does not constitute good cause
				for a continuance. The conference shall be conducted at a time and place
				agreeable to all parties and the hearing officer. It shall be conducted by
				telephone if any party would be required to travel more than 50 miles to
				attend, unless that party agrees to travel to the location set for the
				conference. If a telephone conference is scheduled, the parties must be
				available by telephone at the time of the conference.
(c) All parties shall attend or be
				represented at a settlement conference. Parties or their representatives shall
				be prepared to participate in settlement discussions.
(d) The parties shall discuss the possibility
				of settlement before a settlement conference if they believe that a reasonable
				basis for settlement exists.
(e) At
				the settlement conference, the parties shall be prepared to provide information
				and to discuss all matters required in
				11 NCAC
				01 .0415.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Amended Eff. August 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0419 - PREHEARING CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of
				the prehearing conference is to simplify the issues to be determined; to obtain
				stipulations in regard to foundations for testimony or exhibits; to obtain
				stipulations of agreement on undisputed facts or the application of particular
				laws; to consider the proposed witnesses for each party; to identify and
				exchange documentary evidence intended to be introduced at the hearing; to
				determine deadlines for the completion of any discovery; to establish hearing
				dates and locations if not previously set; to consider such other matters that
				may be necessary or advisable; and, if possible, to reach a settlement without
				the necessity for further hearing. Any final settlement shall be set forth in a
				settlement agreement or consent order and made a part of the record.
(b) Upon the request of any party or upon the
				hearing officer's own motion, the hearing officer may hold a prehearing
				conference before a contested case hearing. The hearing officer may require the
				parties to file prehearing statements in accordance with
				11 NCAC
				01 .0415. A prehearing conference shall be an
				informal proceeding conducted expeditiously by the hearing officer. Agreements
				on the simplification of issues, amendments, stipulations, or other matters may
				be entered on the record or may be made the subject of an order by the hearing
				officer. Venue for purposes of a prehearing conference shall be determined in
				accordance with
				G.S.
				150B-38(e).
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Amended Eff. May 1, 2008;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0420 - CONSOLIDATION OF CASES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The hearing
				officer may order a joint hearing of any matters at issue in contested cases
				involving common questions of law or fact or multiple proceedings involving the
				same or related parties, or may order the cases consolidated or make other
				orders to reduce costs or delay in the proceedings.
(b) A party requesting consolidation shall
				serve a petition for consolidation on all parties to the cases to be
				consolidated and shall file the original with the hearing officer, together
				with a certificate of service showing service on all parties as herein
				required. Any party objecting to the petition shall serve and file his
				objections within 10 days after service of the petition for
				consolidation.
(c) Upon determining
				whether cases should be consolidated, the hearing officer shall serve a written
				order on all parties that contains a description of the cases for consolidation
				and the reasons for the decision.
(d) Nothing contained in this Rule prohibits
				the parties from stipulating and agreeing to a consolidation, which shall be
				granted upon submittal of a written stipulation, signed by every party, to the
				hearing officer.
(e) Following
				receipt of a notice of or order for consolidation, any party may petition for
				severance by serving it on all other parties and filing with the hearing
				officer at least seven days before the first scheduled hearing date. If the
				hearing officer finds that the consolidation will prejudice any party, he shall
				order the severance or other relief that will prevent the prejudice from
				occurring.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0421 - DISCOVERY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Discovery
				methods are means designed to assist parties in preparing to meet their
				responsibilities and protect their rights during hearings without unduly
				delaying, burdening or complicating the hearings process and with due regard to
				the rights and responsibilities of other parties and persons affected.
				Accordingly, parties are obligated to exhaust all less formal opportunities to
				obtain discoverable material before utilizing this Rule.
(b) Any means of discovery available pursuant
				to the North Carolina Rules of Civil Procedure,
				G.S.
				1A-1, is allowed. If the party from whom
				discovery is sought objects to the discovery, the party seeking the discovery
				may file a motion with the hearing officer to obtain an order compelling
				discovery. In the disposition of the motion, the party seeking discovery shall
				have the burden of showing that the discovery is needed for the proper
				presentation of the party's case, is not for purposes of delay, and that the
				issues in controversy are significant enough to warrant the discovery. In
				ruling on a motion for discovery, the hearing officer shall recognize all
				privileges recognized at law.
(c)
				When a party serves another party with a request for discovery, that request
				need not be filed with the hearing officer but shall be served upon all
				parties.
(d) The parties shall
				immediately commence to exchange information voluntarily, to seek access as
				provided by law to public documents, and to exhaust other informal means of
				obtaining discoverable material.
(e) All discovery shall be completed no later
				than the first day of the hearing. The hearing officer may shorten or lengthen
				the period for discovery and adjust hearing dates accordingly and, when
				necessary, allow discovery during the pendency of the hearing.
(f) No later than 15 days after receipt of a
				notice requesting discovery, the receiving party shall:
(1) move for relief from the
				request;
(2) provide the requested
				information, material or access; or
(3) offer a schedule for reasonable
				compliance with the request.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0422 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Subpoenas for
				the attendance and testimony of witnesses or for the production of documents,
				either at a hearing or for the purposes of discovery, shall be issued in
				accordance with
				G.S.
				150B-39(c) and
				G.S.
				1A-1 Rule 45.
(b) A subpoena shall be served in the manner
				provided by
				G.S.
				150B-39(c) and
				G.S.
				1A-1, Rule 45. The cost of service, fees, and
				expenses of any witnesses subpoenaed shall be paid by the party at whose
				request the witness appears. A party seeking an order imposing sanctions for
				failure to comply with any subpoena issued under this Rule must prove proper
				service of the subpoena.
(c)
				Objections to subpoenas shall be heard in accordance with
				G.S.
				150B-39(c) and
				G.S.
				1A-1, Rule 45.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0423 - SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a party
				fails to appear at a hearing or fails to comply with an interlocutory order of
				the hearing officer, the hearing officer may:
(1) Find that the allegations of or the
				issues set out in the notice of hearing or other pleading may be taken as true
				or deemed to be proved without further evidence;
(2) Dismiss or grant the motion or
				petition;
(3) Suppress a claim or
				defense; or
(4) Exclude
				evidence.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0424 - MOTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any application
				to the hearing officer for an order shall be by motion, which shall be in
				writing unless made during a hearing, and must be filed and served upon all
				parties not less than 10 days before the hearing, if any, is to be held either
				on the motion or the merits of the case. The nonmoving party has 10 days after
				the date of service of the motion to file a response, which must be in writing.
				Motions practice in contested cases before the Commissioner are governed by
				Rule 6 of the General Rules of Practice for the Superior and District
				Court.
(b) If any party desires a
				hearing on the motion, he shall make a request for a hearing at the time of the
				filing of his motion or response. A response shall set forth the nonmoving
				party's objections. All motions in writing shall be decided without oral
				argument unless an oral argument is directed by the hearing officer. When oral
				argument is directed by the hearing officer, a motion shall be considered
				submitted for disposition at the close of the argument. A hearing on a motion
				will be directed by the hearing officer only if it is determined that a hearing
				is necessary to the development of a full and complete record on which a proper
				decision can be made. All orders on such motions, other than those made during
				the course of a hearing, shall be in writing and shall be served upon all
				parties of record not less than five days before a hearing, if any, is
				held.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0425 - INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person not
				named in the notice of hearing who desires to intervene in a contested case as
				a party shall file a motion to intervene and shall serve the motion upon all
				existing parties. The motion shall show how the movant's rights, duties, or
				privileges may be determined or affected by the contested case; shall show how
				the movant may be directly affected by the outcome or show that the movant's
				participation is authorized by statute, rule, or court decision; shall set
				forth the grounds and purposes for which intervention is sought; and shall
				indicate movant's statutory right to intervene if one exists.
(b) Any party may object to the motion for
				intervention by filing a written notice of objections with the hearing officer
				within five days after service of the motion if there is sufficient time before
				the hearing. The notice of objection shall state the party's reasons for
				objection and shall be served upon all parties. If there is insufficient time
				before the hearing for a written objection, the objection may be made at the
				hearing.
(c) When the hearing
				officer deems it to be necessary to develop a full record on the question of
				intervention, he may conduct a hearing on the motion to determine specific
				standards that will apply to each intervenor and to define the extent of
				allowed intervention.
(d) Pursuant
				to the powers granted in
				G.S.
				150B-40(c), the hearing
				officer may allow intervention upon a proper showing under this Rule, unless he
				finds that the movant's interest is adequately represented by one or more
				parties participating in the case or unless intervention is mandated by
				statute, rule, or court decision. An order allowing intervention shall specify
				the extent of participation permitted the intervenor and shall state the
				hearing officer's reason. An intervenor may be allowed to:
(1) File a written brief without acquiring
				the status of a party;
(2)
				Intervene as a party with all the rights of a party; or
(3) Intervene as a party with all the rights
				of a party but limited to specific issues and to the means necessary to present
				and develop those issues.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0426 - CONTINUANCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As used in this
				Rule, "good cause" includes death or incapacitating illness of a party,
				representative, or attorney of a party; a court order requiring a continuance;
				lack of proper notice of the hearing; a substitution of the representative or
				attorney of a party if the substitution is shown to be required; a change in
				the parties or pleadings requiring postponement; and agreement for a
				continuance by all parties if either more time is clearly necessary to complete
				mandatory preparation for the case, such as authorized discovery, and the
				parties and the hearing officer have agreed to a new hearing date or the
				parties have agreed to a settlement of the case that had been or is likely to
				be approved by the final decision maker.
(b) As used in this Rule, "good cause" does
				not include: intentional delay; unavailability of counsel or other
				representative because of engagement in another judicial or administrative
				proceeding unless all other members of the attorney's or representative's firm
				familiar with the case are similarly engaged; unavailability of a witness if
				the witness' testimony can be taken by deposition; or failure of the attorney
				or representative to properly utilize the statutory notice period to prepare
				for the hearing.
(c) A request for
				a continuance of a hearing shall be granted upon a showing of good cause.
				Unless time does not permit, a request for a continuance of a hearing shall be
				made in writing to the hearing officer and shall be served upon all parties of
				record. In determining whether good cause exists, due regard shall be given to
				the ability of the party requesting a continuance to proceed effectively
				without a continuance. A request for a continuance filed within five days
				before a hearing shall be denied unless the reason for the request could not
				have been ascertained earlier.
(d)
				During a hearing, if it appears in the interest of justice that further
				testimony should be received and sufficient time does not remain to conclude
				the testimony, the hearing officer shall either order the additional testimony
				taken by deposition or continue the hearing to a future date for which oral
				notice on the record is sufficient.
(e) A continuance shall not be granted if
				granting it would prevent the case from being concluded within any statutory or
				regulatory deadline.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. August 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0427 - RIGHTS AND RESPONSIBILITIES OF PARTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A party may
				present evidence, rebuttal testimony, and argument with respect to the issues
				of law and policy, and cross-examine witnesses, including the author of a
				document prepared by, on behalf of, or for use of the Department and offered in
				evidence.
(b) A party shall have
				all evidence to be presented, both oral and written, available on the date for
				hearing. Requests for subpoenas, depositions, or continuances shall be made
				within a reasonable time after their needs become evident to the requesting
				party. In cases when the hearing time is expected to exceed one day, the
				parties shall be prepared to present their evidence at the date and time
				ordered by the hearing officer or agreed upon at a prehearing
				conference.
(c) The hearing officer
				shall send copies of all orders or decisions to all parties simultaneously. Any
				party sending a letter, exhibit, brief, memorandum, or other document to the
				hearing officer shall simultaneously send a copy to all other
				parties.
(d) All parties have the
				continuing responsibility to notify the hearing officer of their current
				addresses and telephone numbers.
(e) A party need not be represented by an
				attorney unless the party is a corporate entity. A corporate entity shall not
				be represented by its President or other officers. If a party has notified
				other parties of that party's representation by an attorney, all communications
				shall be directed to that attorney.
(f) With the approval of the hearing officer,
				any person may offer testimony or other evidence relevant to the case. Any
				nonparty offering testimony or other evidence may be questioned by parties to
				the case and by the hearing officer.
(g) Before issuing a recommended decision,
				the hearing officer may order any party to submit proposed findings of fact and
				written arguments. Before issuing a final decision, the Commissioner may order
				any party to submit proposed findings of fact and written arguments.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Amended Eff. August 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0428 - WITNESSES

Current through Register Vol. 39, No. 2, July 15, 2024
Any party may be a witness and may present witnesses on the
				  party's behalf at the hearing. All oral testimony at the hearing shall be under
				  oath or affirmation and shall be recorded. At the request of a party or upon
				  the hearing officer's own motion, the hearing officer may exclude witnesses
				  from the hearing room so that they cannot hear the testimony of other
				  witnesses.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0430 - OFFICIAL RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The official
				record of a contested case is available for public inspection upon reasonable
				request. The hearing officer may, upon good cause shown and consistent with
				law, order part or all of an official record sealed.
(b) The official record shall be prepared in
				accordance with
				G.S.
				150B-42.
(c) Contested case hearings shall be recorded
				either by a recording system or a professional court reporter using stenomask
				or stenotype.
(d) Transcript costs
				incurred by the Department shall be charged to or apportioned equally among the
				party or parties requesting a transcript.
(e) Any other costs incurred by the
				Department when using a professional court reporter shall be charged to or
				apportioned equally among the requesting party or parties.
(f) A 24-hour cancellation notice is required
				in all cases. The party or parties responsible for the cancellation shall be
				liable for any cancellation fees.
(g) Transcripts of proceedings during which
				oral evidence is presented will be made only upon request of a party.
				Transcript costs shall include the cost of an original for the Department. An
				attorney requesting a transcript on behalf of a party is a guarantor of payment
				of the cost. Cost shall be determined under supervision of the hearing officer
				who, in cases deemed to be appropriate by him, may require an advance security
				deposit to cover the prospective cost. The security deposit shall be applied to
				the actual cost and any excess shall be returned to the party that submitted
				it.
(h) Copies of tapes are
				available upon written request at a cost of five dollars ($5.00) per
				tape.
(i) Copies of Department
				hearings tapes or Non-Department certified transcripts from those tapes are not
				part of the official record. Note: Rule 5.3(B) of the Rules of Professional
				Conduct permits an attorney to advance or guarantee expenses of litigation
				provided the client remains ultimately liable for such expenses.
Authority
				  G.S.
				  58-2-40(1);
				  58-2-50;
				  58-2-55;
				  58-2-70;
				  150B-38(h);
Eff. July 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0400 - ADMINISTRATIVE HEARINGS › Section 01 .0431 - REPEALED - RATEMAKING PROCEDURES FOR RATE BUREAU FILINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-2-40(1);
				  58-36-1;
				  58-36-10;
				  58-36-15;
				  58-36-20;
				  58-36-70;
150B-38;
Eff. January 1, 1993;
Repealed Eff. December
				  1, 1994.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0500 - HEARINGS ON RATE MATTERS AND APPEALS TO THE COMMISSIONER › Section 01 .0501-0503

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-127;
				  58-131;
				  58-155.50;
				  58-155.83;
				  58-173.11;
				  58-173.23;
				  58-173.44;
				  58-246;
				  58-248.1;
				  58-248.6;
				  58-248.39;
				  97-104.1;
				  97-104.6;
				  58-27.2;
Eff. February
				  1, 1976;
Repealed Eff. May 12,
				  1978.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0600 - GENERAL DEPARTMENTAL POLICIES › Section 01 .0601 - COMMUNICATIONS WITH INSURANCE COMPANIES

Current through Register Vol. 39, No. 2, July 15, 2024
It is the policy of this department, when deemed necessary,
				  to communicate with insurance companies at company expense by means of collect
				  telephone calls, telegrams, and other similar communications.
Authority
				  G.S.
				  58-2-40;
				  58-2-190;
Eff.
				  February 1, 1976;
Readopted Eff. May 12, 1978;
Amended
				  Eff. August 1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0600 - GENERAL DEPARTMENTAL POLICIES › Section 01 .0602 - INSURANCE COMPANIES' RESPONSE TO DEPARTMENTAL INQUIRIES

Current through Register Vol. 39, No. 2, July 15, 2024
Every insurer, upon receipt of an inquiry, oral or written,
				  from the department shall furnish the commissioner or his designated
				  representative with a complete and accurate response in writing, unless such
				  response is specifically authorized by the commissioner to be given orally.
				  Such response must be made by the insurer within seven calendar days of receipt
				  of the request, except that the commissioner may extend this time period in an
				  individual case.
Authority
				  G.S.
				  58-2-40;
				  58-2-190;
Eff.
				  February 1, 1976;
Readopted Eff. May 12, 1978;
Amended
				  Eff. August 1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0600 - GENERAL DEPARTMENTAL POLICIES › Section 01 .0603 - REPEALED - FACSIMILE COUNTERSIGNATURE NOT VALID

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-2-40;
				  58-33-30(i);
				  58-33-60;
Eff.
				  February 1, 1976;
Readopted Eff. May 12, 1978;
Amended
				  Eff. July 1, 1992; August 1, 1988;
Repealed Eff. July 1,
				  2012.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0600 - GENERAL DEPARTMENTAL POLICIES › Section 01 .0604-0605

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-9.3;
				  58-9.4;
				  58-37;
				  58-38;
				  58-39;
				  58-44;
				  58-44.4A;
58-56.3;
				  66-49.13; 85C-17; 85C-18;
Eff. February 1, 1976;
Readopted Eff. May 12, 1978;
Repealed Eff. August 1,
				  1988.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 01 - DEPARTMENTAL RULES › Section .0700 - ADMINISTRATION DIVISION › Section 01 .0701-0702

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-7.1;
				  58-7.3;
Eff. May 12,
				  1978;
Repealed Eff. July 1, 1988.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 02 - SUPPORT SERVICES DIVISION (REPEALED) › Section .0100 - GENERAL PROVISIONS › Section 02 .0101 - REPEALED - PURPOSE OF DIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-9;
				  143-1 to
				  143-34.4;
				  128-1 to
				  128-4;
				  105-59;
Eff. February
				  1, 1976;
Readopted Eff. May 12, 1978;
Repealed Eff.
				  December 1, 1994.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 02 - SUPPORT SERVICES DIVISION (REPEALED) › Section .0100 - GENERAL PROVISIONS › Section 02 .0102 - REPEALED - DIVISION PERSONNEL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-7.3;
				  58-9;
Eff. February 1,
				  1976;
Readopted Eff. May 12, 1978;
Repealed Eff. July
				  1, 1988.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 02 - SUPPORT SERVICES DIVISION (REPEALED) › Section .0200 - LIGHTNING ROD SALESPERSONS AND COMPANIES › Section 02 .0201-.0204

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  105-59;
Eff. February 1,
				  1976;
Readopted Eff. May 12, 1978;
Repealed Eff. July
				  1, 1988.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 03 - LEGAL DIVISION › Section 03 .0101 - REPEALED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				58-9;
				150A-12(f);
Eff. February 1, 1976;
Readopted Eff. May 12, 1978;
Amended Eff. June 1, 1985;
Repealed Eff. July 1,
				1988.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 03 - LEGAL DIVISION › Section 03 .0102 - REPEALED - PURPOSE OF DIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				58-7.3;
				58-9;
Eff. February 1,
				1976;
Readopted Eff. May 12, 1978;
Amended Eff. August
				1, 1988; June 1, 1985;
Repealed Eff. December 1,
				1992.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 03 - LEGAL DIVISION › Section 03 .0103-0104

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				58-7.3;
				58-9;
				150A-12(f);
Eff. February 1, 1976;
Readopted Eff. May 12, 1978;
Amended Eff. June 1, 1985;
Repealed Eff. July 1,
				1988.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 03 - LEGAL DIVISION › Section 03 .0105-0107

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				58-9;
				58-9.3;
				58-153;
				58-153.1;
				58-397;
				58-440;
				58-508(1);
58-512(b); 58-615(h)(2); 150A-12(f);
Eff. February 1,
				1976;
Readopted Eff. May 12, 1978;
Amended Eff. August
				1, 1988; June 1, 1985;
Repealed Eff. December 1,
				1992.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 03 - LEGAL DIVISION › Section 03 .0108 - REPEALED - LEGAL OPINIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				58-7.3;
				58-9;
Eff. August 1,
				1988;
Repealed Eff. December 1,
				1992.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 04 - CONSUMER SERVICES DIVISION › Section .0100 - GENERAL PROVISIONS › Section 04 .0101-0105

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as an Emergency
				  Repeal Eff. April 25, 1979, for a Period of 120 Days to be
				  Reinstated
on August 23, 1979;
Authority
				  G.S.
				  57-1;
				  57-4;
				  57-10;
				  57-13;
				  57A-18;
				  58-9;
				  58-9.2;
				  58-10;
				  58-11;
				  58-15;
				  58-18;
58-25; 58-25.1;
				  58-26; 58-27; 58-262; 58-262.4; 58-296; 58-357; 58-7.3;
Eff.
				  February 1, 1976;
Readopted Eff. March 16, 1979;
Repealed Eff. August 23, 1979.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 04 - CONSUMER SERVICES DIVISION › Section .0100 - GENERAL PROVISIONS › Section 04 .0106 - REPEALED - RULE FOR LOSS AND CLAIM PRACTICES AND PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  57-4;
				  57-10;
				  58-9;
				  58-9.2;
				  58-15;
				  58-25;
				  58-25.1;
				  58-26;
				  58-27;
				  58-40;
58-40.1;
				  58-128;
Eff. February 1, 1976;
Repealed Eff. March 8,
				  1978.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 04 - CONSUMER SERVICES DIVISION › Section .0100 - GENERAL PROVISIONS › Section 04 .0107 - REPEALED - SEX DISCRIMINATION IN INSURANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as an Emergency
				  Repeal Eff. April 25, 1979, for a Period of 120 Days to be
				  Reinstated
on August 23, 1979;
Authority
				  G.S.
				  58-9;
				  58-44.3;
				  58-54.1;
				  58-54.13;
Eff. May 5,
				  1977;
Readopted Eff. March 16, 1979;
Repealed Eff.
				  August 23, 1979.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 04 - CONSUMER SERVICES DIVISION › Section .0100 - GENERAL PROVISIONS › Section 04 .0108-0111

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as an Emergency
				  Repeal Eff. April 25, 1979, for a Period of 120 Days to be
				  Reinstated
on August 23, 1979;
Authority
				  G.S.
				  57-4;
				  58-8;
				  58-9;
				  58-39;
				  58-40;
				  58-40.1;
				  58-40.6;
				  58-41;
				  58-48;
				  58-52;
58-54.4;
				  58-199; 58-249;
Eff. March 16, 1979;
Repealed Eff.
				  August 23, 1979.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 04 - CONSUMER SERVICES DIVISION › Section .0100 - GENERAL PROVISIONS › Section 04 .0112-0114

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-7.3;
				  58-9;
Eff. December
				  15, 1979;
Amended Eff. July 1, 1986;
Repealed Eff. July
				  1, 1988.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 04 - CONSUMER SERVICES DIVISION › Section .0100 - GENERAL PROVISIONS › Section 04 .0115 - DIVISION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Complaints
				arising from insurance products, companies, insurance agents, adjusters,
				brokers, producers, and motor vehicle damage appraisers regulated under G.S.
				Chapter 58 will be processed in the following manner:
(1) The analyst will request an explanation
				from company, agent, appraiser, or adjuster.
(2) If the analyst finds that the issue has
				been handled in a manner that does not comply with statute, rule or policy
				contract, then the analyst will require that corrective action taken be to
				resolve the complaint.
(3) If the
				issue is not resolved, the Deputy Commissioner may arrange a conference with
				the company representatives to resolve the problem.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 04 - CONSUMER SERVICES DIVISION › Section .0100 - GENERAL PROVISIONS › Section 04 .0116 - INQUIRIES AND INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
The toll free telephone number for the Consumer Services
				  Division is 1-855-408-1212. The mailing address of the Consumer Services
				  Division is: North Carolina Department of Insurance, 1201 Mail Service Center,
				  Raleigh, North Carolina 27699-1201; (Attention: Consumer Services Division).
				  The street address of the Consumer Services Division is North Carolina
				  Department of Insurance Consumer Services Division, Albemarle Building, 325
				  North Salisbury Street, Raleigh, North Carolina.
Authority
				  G.S.
				  58-2-25;
				  58-2-40;
Eff. December
				  15, 1979;
Amended Eff. January 1, 2018; July 1, 2012; April 1,
				  1989; July 1, 1986;
Readopted Eff. October 1,
				  2021.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 04 - CONSUMER SERVICES DIVISION › Section .0100 - GENERAL PROVISIONS › Section 04 .0117 - STATEMENT OF ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an insurer
				denies a claim that included information for the insurer to identify the
				coverage involved, the denial shall be in writing and cite the policy provision
				or other legal basis used to deny the claim.
(b) When an insurer offers to settle a claim
				that included information for the insurer to identify the coverage involved,
				the offer, when requested by the consumer, shall be in writing and cite the
				specific policy provision or legal basis used in support of the claim
				statement.
Authority
				  G.S.
				  58-2-40;
				  58-3-100;
				  58-63-15(11);
				  58-67-150;
Eff.
				  December 15, 1979;
Amended Eff. April 1, 1989; December 15,
				  1979;
Readopted Eff. November 1,
				  2021.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 04 - CONSUMER SERVICES DIVISION › Section .0100 - GENERAL PROVISIONS › Section 04 .0118 - INSURANCE CARRIERS AS LENDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any lender
				who offers an insurance product to a consumer either directly or indirectly
				through a subsidiary or affiliate in conjunction with an extension of credit
				shall inform the consumer of the protections afforded by
				G.S.
				58-3-135.
(b) Nothing in this Rule shall limit the
				right of the lender to require insurance in connection with a loan.
(c) This Rule shall not apply where the
				extension of credit arises out of a life insurance contract itself or where the
				extension of credit is subject to the provisions of Regulation Z,
				12 CFR
				226, or other federal statutes or regulations
				requiring similar disclosures.
Authority
				  G.S.
				  58-2-40;
				  58-3-135;
				  58-3-150;
Eff. July 1,
				  1986;
Amended Eff. April 8, 2002; April 1, 1989;
Readopted Eff. November 1, 2021.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 04 - CONSUMER SERVICES DIVISION › Section .0100 - GENERAL PROVISIONS › Section 04 .0119 - REPEALED - INSURER DEFINED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-2-40;
				  58-65-1;
				  58-67-150;
Eff. April
				  1, 1989;
Amended Eff. April 8, 2002;
Repealed Eff.
				  November 1, 2021.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 04 - CONSUMER SERVICES DIVISION › Section .0100 - GENERAL PROVISIONS › Section 04 .0120 - POLICY OR SERVICE FEES

Current through Register Vol. 39, No. 2, July 15, 2024
An insurer, agent, broker, or limited representative who
				  deals with an applicant and who intends to charge a policy or service fee in
				  accordance with
				  G.S.
				  58-33-85(b) shall not do so
				  unless he or she complies with the following:
(1) A sign that shall be displayed and
				visible using large and bolded print so as to be seen and read by the public
				from any part of the office lobby that informs the applicant that a policy or
				service fee of [amount] will be charged.
(2) The applicant's written consent shall be
				obtained on a separate form each time a policy or service fee is charged. The
				form, created by the insurer, agent, broker or limited representative, shall be
				entitled, "Policy or Service Fee Consent" and shall include the date and amount
				of each fee charged.
(3) A dated
				receipt for the payment of a policy or service fee shall be issued either
				separately from the policy premium receipt or stated separately on the receipt
				issued for the policy premium.
Authority
				  G.S.
				  58-2-40;
				  58-2-195;
				  58-33-85(b);
Eff. February 1, 1993;
Amended Eff. February 1, 1996;
Readopted Eff. December 1, 2021.