reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1105 - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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 matters before the hearing officer
				  unless another specific statute or rule provides otherwise.
(2) ITS may supply, at the cost for copies,
				  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. In any proceeding referred to the Office of Administrative Hearings
				  (OAH) pursuant to
				  G.S.
				  150B-40, parties shall deliver a copy of each
				  document filed with the OAH to the State CIO.
(4) Hearings shall be conducted, as nearly as
				  practical, in accordance with the practice in the Trial Division of the General
				  Court of Justice.
(5) This Section
				  and copies of all matters adopted by reference in this Section are available
				  from ITS at cost.
(6) The rules of
				  statutory construction contained in Chapter 12 of the General Statutes apply in
				  the construction of this Section. The rules contained in this Section govern
				  the conduct of contested case hearings under Article 3A of Chapter 150B of the
				  General Statutes.
(7) Unless
				  otherwise provided in a specific statute, time computations in contested cases
				  under this Section are governed by
				  G.S.
				  1A-1, Rule 6.
(8) If the State CIO determines that a
				  hearing would assist him or her in reaching a decision, he or she may schedule
				  a hearing, notwithstanding the fact that no request for a hearing has been
				  received. In such cases the State CIO's written documentation shall be treated
				  as a request for hearing.
(9) The
				  hearing officer may designate legal counsel as an advisor on matters of law for
				  the benefit of the hearing officer during the proceedings.
Authority
					 G.S.
					 147-33.76(b1);
					 150B-38(h);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. March 1, 2001;
Recodified from
					 09 NCAC
					 06B .1013 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1106 - 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 their proposed testimony;
(4) A description of the 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 matters permitted under Article 3A
				  of Chapter 150B.
The prehearing statement shall not be used to amend the
					 original protest or to establish jurisdiction not previously established by the
					 protest or request for hearing.
Authority
					 G.S.
					 147-33.76(b1);
					 150B-38(h);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1014 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1107 - DUTIES OF THE HEARING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  conjunction with the powers in this Section, in Article 3D of Chapter 147 of
				  the General Statutes and in G.S. 150B, Article 3A the hearing officer shall
				  perform the following duties, consistent with law and as recommendations to the
				  State CIO, if the hearing officer is not the State CIO:
(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) Recommend 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 Rule .1114 of this Section.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1108 - 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. Any such disposition must be approved in
					 writing by the State CIO.
Authority
					 G.S.
					 147-33.76(b1);
					 150B-38(h);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1016 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1109 - 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. Notice of the conference may be included in the pre-hearing
				  conference notice or in a separate written order. The purpose of a settlement
				  conference is to:
(1) Explore any grounds
				  upon which a contested case may be resolved without the need for a hearing;
				  and
(2) Pursue any other matters
				  which will reduce the cost, save time, simplify the issues to be heard, or
				  otherwise aid in the expeditious disposition of the matters to be addressed by
				  the hearing.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1110 - PREHEARING CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of
				  the prehearing conference is:
(1) to simplify
				  the issues to be determined;
(2) to
				  obtain stipulations in regard to foundations for testimony or
				  exhibits;
(3) to obtain
				  stipulations or other agreements as to the facts or the application of
				  particular laws;
(4) to consider
				  the proposed witnesses for each party;
(5) to identify and exchange documentary
				  evidence intended to be introduced at the hearing;
(6) to determine dates or schedules for the
				  completion of any discovery;
(7) to
				  establish hearing dates and locations if not previously set;
(8) to consider such other matters that may
				  be necessary or advisable; and, if possible,
(9) 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.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1111 - 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 shall 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 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) Unless otherwise
				  ordered, 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, where necessary for a fair and
				  impartial hearing, allow discovery during the pendency of the
				  hearing.
(f) Unless otherwise
				  ordered, 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 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1112 - 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 hearings involving the
				  same or related parties, or may order the cases consolidated or make other
				  orders to reduce costs or delay in the hearings.
(b) A party requesting consolidation shall
				  serve a motion for consolidation on all parties to the cases to be consolidated
				  and shall file the original with the hearing officer. Any party objecting to
				  the motion shall serve and file its objections within five days after service
				  of the petition for consolidation.
(c) Upon determining whether cases shall 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 move for severance by serving a motion on all
				  other parties and filing it 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.
					 147-33.76(b1);
					 150B-38(h);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1019 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1113 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
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.
Authority
					 G.S.
					 150B-38(h);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1021 Eff. March 19, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1114 - 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 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1115 - MOTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unless
				  otherwise required or permitted by these Rules, any party may file any motion
				  which would be permitted under the Rules of Civil Procedure as though the
				  contested case was a matter pending in a civil trial court. Motions practice in
				  contested cases before the hearings officer pursuant to G.S. 150B, Article 3A,
				  shall be governed by Rule 6 of the Rules of Civil Procedure and the General
				  Rules of Practice for the Superior and District Courts of North
				  Carolina.
(b) The opposing party
				  may file such response as is permitted by the Rules of Civil Procedure to any
				  such motion within the time permitted by the Rules of Civil
				  Procedure.
(c) The hearing officer
				  shall rule on any correctly filed motion. The hearing officer may rule on any
				  motion with or without oral argument. The hearing officer shall notify the
				  parties of the location, date, and time for oral argument if, in the hearing
				  officer's discretion, oral argument is necessary for a full and complete
				  record. The notice shall indicate whether the argument is to be conducted in
				  person or by conference call.
Authority
					 G.S.
					 150B-38(h);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1023 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1116 - 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 timely motion to intervene and shall serve the motion upon
				  all existing parties. Timeliness shall be determined by the hearing officer in
				  each case based on circumstances at the time of filing. 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) The hearing officer shall 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 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1117 - CONTINUANCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) 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.
(b) 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.
(c) A continuance shall
				  not be granted if granting it would prevent the case from being concluded
				  within any statutory or regulatory deadline.
(d) 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 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 hearing
				  officer.
(e) 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.
Authority
					 G.S.
					 150B-38(h);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1025 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1118 - RIGHTS AND RESPONSIBILITIES OF PARTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  party has the right to present evidence, rebuttal testimony, and argument with
				  respect to issues of fact, law and policy; and to cross-examine witnesses,
				  including the author of a document prepared by, on behalf of, or for use of the
				  agency 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) 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 to the State CIO, the hearing officer may order any party
				  to submit proposed findings of fact and written arguments. Before issuing a
				  final decision in a contested case which has been assigned by the State CIO to
				  a person other than the State CIO as described in
				  G.S.
				  150B-40(e) and these Rules,
				  the State CIO shall order parties to submit proposed findings of fact and
				  written arguments.
Authority
					 G.S.
					 150B-38(h);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1026 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1119 - 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.
					 150B-38(h);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1027 Eff. March 19, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1121 - FINAL AGENCY DECISION; OFFICIAL RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A copy of
				  any decision or order shall be served as in the manner provided by
				  G.S.
				  150B-42(a). The cost of the
				  service, fees, and expenses for any witnesses or documents subpoenaed shall be
				  paid in accordance with
				  G.S.
				  150B-39(c) and
				  G.S.
				  7A-314.
(b) The official record of a contested case
				  is available for public inspection during the agency's business hours except
				  for those portions, if any, that the hearing officer ordered sealed as
				  consistent with applicable law.
(c)
				  The hearing officer may, consistent with law, order part or all of an official
				  record sealed.
(d) The official
				  record shall be prepared in accordance with
				  G.S.
				  150B-42.
(e) Contested case hearings shall be recorded
				  either by a recording system or a court reporter using stenomask or
				  stenotype.
(f) Costs for a court
				  reporter's services including transcript costs and other copying costs incurred
				  shall be charged to or apportioned equally among the party or parties
				  requesting a transcript or copies of other records.
(g) A 24-hour hearing cancellation notice is
				  required in all cases. The party or parties responsible for the cancellation
				  shall be liable for any cancellation fees.
(h) Transcripts of proceedings during which
				  oral evidence is presented shall be made only upon request of a party.
				  Transcript costs shall include the cost of an original. 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 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.
(i) Copies
				  of tapes or other transcript media used (
e.g.
, CDs) are
				  available upon written request at a cost of five dollars ($5.00) per tape or
				  CD.
(j) Copies of the hearing audio
				  recordings, or non-ITS certified transcripts from those audio recordings are
				  not part of the official record.
Authority
					 G.S.
					 150B-38(h);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. March 1, 2001;
Recodified from
					 09 NCAC
					 06B .1029 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1200 - DECLARATORY RULINGS; DEFAULT PROCEEDINGS; DISQUALIFICATIONS; AND DEBARMENT › Section 06B .1201 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any request for
				  a determination regarding the application of a relevant rule, statute or
				  standard established by the State CIO to a specific factual situation must be
				  directed to the State CIO. The request for a ruling will follow the Rules of
				  this Section and applicable statutes. A declaratory ruling proceeding may
				  include written submissions, an oral hearing, or other procedure as may be
				  appropriate in the circumstances of the particular request.
(b) Declaratory rulings pursuant to
				  G.S.
				  150B-4 shall be issued by the State CIO only
				  on the validity of a relevant rule or standard or on the applicability of a
				  rule or order of the State CIO to stipulated facts. A declaratory ruling shall
				  not be issued on a matter requiring an evidentiary proceeding.
(c) As used in this Section, "standard" shall
				  refer to and include such standards, policies and procedures adopted by the
				  State CIO pursuant to authority found in Article 3D of Chapter 147 of the N.C.
				  General Statutes.
(d) The
				  petitioner must possess such an interest in the question to be ruled on that
				  the petitioner's need to have such a ruling in order to comply with statutory
				  requirements, ITS rules, or standards shall be apparent from the petition and
				  shall be explained therein.
Authority G.S. 147,
					 Article 3D; 150B, Article 4;
Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1200 - DECLARATORY RULINGS; DEFAULT PROCEEDINGS; DISQUALIFICATIONS; AND DEBARMENT › Section 06B .1202 - REQUESTS FOR DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Requests for a declaratory ruling shall be in writing, dated and verified by
				  the person submitting the same.
(b)
				  The request shall contain:
(1) The
				  petitioner's name, address and telephone number;
(2) The rule or statute, or both, referred
				  to;
(3) A statement of facts
				  supporting the petitioner's request for a declaratory ruling;
(4) The petitioner's option, a statement of
				  any legal authorities, in support of the interpretation given the statute or
				  rule by the petitioner;
(5) A
				  concise statement of the manner in which the petitioner is aggrieved by the
				  rule, statute, or standard, or its potential application to the
				  petitioner;
(6) A statement of the
				  practices or procedures likely to be affected by the requested declaratory
				  ruling and the persons likely to be affected by the ruling.
(7) A draft of the declaratory ruling sought
				  by the petitioner, if a specified outcome is sought by the petitioner;
				  and
(8) A statement of whether the
				  petitioner desires to present oral argument.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1200 - DECLARATORY RULINGS; DEFAULT PROCEEDINGS; DISQUALIFICATIONS; AND DEBARMENT › Section 06B .1203 - RESPONSE TO A REQUEST FOR A DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The State
				  CIO shall consider the request within 30 days of receipt. The State CIO shall
				  issue a ruling except:
(1) When the State CIO
				  finds that the person making the request is not a "person aggrieved," as
				  defined in
				  G.S.
				  150B-2(6);
(2) When the State CIO finds, in a request
				  concerning the validity of a rule, that the rulemaking record shows that the
				  agency considered all factors identified by the petitioner as specific or
				  relevant when the rule in question was adopted;
(3) When the State CIO finds that the person
				  requesting the ruling is not directly or indirectly affected substantially in
				  his person, property, or public office or employment by the rule, statute, or
				  order of the department which is the subject of the request;
(4) When the petition does not state with
				  enough specificity the factual situation involved, or the question is presented
				  in such a manner that the State CIO cannot determine what the question is, or
				  that the State CIO cannot respond with a specific ruling that will be binding
				  on all parties;
(5) When the State
				  CIO has made a determination in a similar contested case, or where the factual
				  context being raised for a declaratory ruling was specifically considered upon
				  the adoption of the rule or directive being questioned, as evidenced by the
				  rulemaking record; or
(6) Where the
				  subject matter of the request is involved in pending litigation or contested
				  case in any state or federal court in North Carolina.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1200 - DECLARATORY RULINGS; DEFAULT PROCEEDINGS; DISQUALIFICATIONS; AND DEBARMENT › Section 06B .1204 - EFFECT OF A DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of this Section, a declaratory ruling shall be
					 deemed to be in effect until:
(1) The
				  statute or rule interpreted by the declaratory ruling is amended or
				  repealed;
(2) The State CIO changes
				  the declaratory ruling prospectively; or
(3) Any court sets aside the
				  ruling.
Authority
					 G.S.
					 150B-4;
Eff. September 1,
					 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1200 - DECLARATORY RULINGS; DEFAULT PROCEEDINGS; DISQUALIFICATIONS; AND DEBARMENT › Section 06B .1205 - RECORD OF RULING

Current through Register Vol. 39, No. 2, July 15, 2024
A record of all declaratory rule making proceedings shall
					 be maintained at the State CIO's office and shall be available for public
					 inspection during business hours.
Authority
					 G.S.
					 150B-4;
Eff. September 1,
					 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1200 - DECLARATORY RULINGS; DEFAULT PROCEEDINGS; DISQUALIFICATIONS; AND DEBARMENT › Section 06B .1206 - DEFAULT PROCEEDINGS; DISQUALIFICATION; AND DEBARMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Disqualification: The purchasing agency may find a vendor in default of
				  contract for failing to perform in accordance with the contract requirements,
				  terms and conditions. If a vendor is found in default of contract, the
				  purchasing agency may take action, immediate if necessary, to purchase the
				  needed goods or services on the open market and charge any additional cost for
				  the goods or services and expense for doing so to the defaulting vendor. If an
				  agency other than ITS finds a vendor in default, such action and the
				  circumstances shall be reported by the agency to ITS in writing. This does not
				  limit any other remedies that may be available to the state or
				  agency.
(b) Causes for Debarment or
				  Suspension: The causes for debarment or suspension include the following:
(1) conviction for commission of a criminal
				  offense as an incident to obtaining or attempting to obtain a public or private
				  contract or subcontract, or in the performance of such contract or
				  subcontract;
(2) conviction under
				  State or federal statutes of embezzlement, theft, forgery, bribery,
				  falsification or destruction of records, receiving stolen property, or any
				  other offense indicating a lack of business integrity or business honesty which
				  currently, seriously, and directly affects responsibility as a state
				  vendor;
(3) conviction under State
				  or federal antitrust statutes arising out of the submission of bids or
				  proposals;
(4) deliberate failure
				  without good cause to perform a contract in accordance with the specifications
				  or within the time limit provided in the contract: and
(5) for violation of the State Government
				  Ethics Act or the Lobbying laws set forth in
				  G.S.
				  138A-1 et seq., and GS 120C-1 et seq.
				  respectively.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1200 - DECLARATORY RULINGS; DEFAULT PROCEEDINGS; DISQUALIFICATIONS; AND DEBARMENT › Section 06B .1207 - PERFORMANCE ASSURANCE

Current through Register Vol. 39, No. 2, July 15, 2024
A contract may include terms ensuring a vendor's
					 performance such as:
(1) A bond, or
				  similar assurance, may be required of the vendor at the vendor's
				  expense;
(2) Liquidated
				  damages;
(3) A percentage of the
				  contract value held as a retainage; and
(4) Withholding final payment contingent on
				  acceptance of the final deliverable.
Authority
					 G.S.
					 147-33.72C;
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1031 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1300 - EXEMPTIONS, EMERGENCIES, AND SPECIAL DELEGATIONS › Section 06B .1301 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				  are exemptions to the State CIO review and approval for purchases that exceed
				  an agency's delegated authority.
(1) Services
				  provided by individuals through direct employment contracts with the
				  state;
(2) Non-severable services
				  that are merely incidental to the purchase of supplies, materials, or equipment
				  such as installation services;
(3)
				  Personal services provided by a professional individual (person) on a temporary
				  or occasional basis;
(4) Services
				  provided directly by an agency of the state, federal or local government, or
				  their employees when performing the service as part of their normal
				  governmental function; and
(5)
				  Information technology subscriptions for printed materials or online technology
				  information news services. Such services do not include software, or software
				  services, licensed by subscription or delivered online.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1300 - EXEMPTIONS, EMERGENCIES, AND SPECIAL DELEGATIONS › Section 06B .1302 - EMERGENCY SITUATIONS OR PRESSING NEED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An agency
				  may make purchases of goods or services in the open market in cases of
				  emergency or pressing need.
(b)
				  When emergency or pressing need action is necessary, and the estimated
				  expenditure is over the purchasing agency's delegation, prior verbal approval
				  shall be obtained from the State CIO unless the purchase must be made outside
				  of business hours, during holidays or when state offices are otherwise closed.
				  Subsequently, if the expenditure is over the purchasing agency's delegation, an
				  explanation of the emergency or pressing need purchase shall be reported in
				  writing to the State CIO.
Authority
					 G.S.
					 143-52.1;
					 143B-1322(c);
					 143B-1350;
Temporary
					 Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Recodified from
					 09 NCAC
					 06B .1102 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25, 2015;
Amended Eff March
					 1, 2016.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1300 - EXEMPTIONS, EMERGENCIES, AND SPECIAL DELEGATIONS › Section 06B .1303 - REPEALED - SPECIAL DELEGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 147-33.95(f);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1103 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25, 2015;
Repealed Eff. July
					 1, 2015 pursuant to
					 G.S.
					 150B-21.7 (see S.L. 2015-241, s.
					 7A.2(b)).
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1300 - EXEMPTIONS, EMERGENCIES, AND SPECIAL DELEGATIONS › Section 06B .1304 - GENERAL DELEGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The State CIO
				  may suspend, rescind, lower or raise this general delegation for a specific
				  agency, up to the benchmark established by the Secretary of Administration upon
				  consideration of the agency's overall capabilities, including staff resources,
				  organizational structure, training, purchasing compliance reviews, electronic
				  communication capabilities, and audit reports.
(b) If an agency wishes to obtain an increase
				  in its general delegation, to the IT benchmark set by the DOA Secretary, it
				  shall submit a request in writing, outlining its overall capabilities, to the
				  State CIO for the State CIO's consideration.
Authority
					 G.S.
					 143B-1322(c);
					 143B-1350;
Temporary
					 Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Amended Eff. March 1, 2001;
Recodified from
					 09 NCAC
					 06B .1104 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25, 2015;
Amended Eff. March
					 1, 2016.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1300 - EXEMPTIONS, EMERGENCIES, AND SPECIAL DELEGATIONS › Section 06B .1305 - COMPLIANCE REVIEWS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The State CIO
				  may conduct compliance reviews on purchasing practices at any purchasing
				  agencies. The purpose of the compliance review shall be for determining if an
				  agency is complying with IT purchasing statutes and rules. A copy of the
				  compliance report shall be provided to the agency head, the State Auditor, and
				  the State Budget Officer.
(b) Staff
				  designated by the State CIO may request the purchasing agency's purchasing
				  records for the purpose of the compliance review. The purchasing agency shall
				  cooperate with such staff, providing them with all requested records, adequate
				  office space for conducting the review if performed at the agency's location
				  and agency purchasing staff for discussion of purchase transactions. The State
				  CIO shall not require of the agency any more than is needed to complete the
				  review.
(c) The State CIO shall
				  provide to each agency, upon request, ITS' assistance in educational training
				  for the agency's staff to better acquaint them with State purchasing statutes
				  and rules.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1105 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1400 - RECORDS › Section 06B .1401 - RECORD MAINTENANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Except where state law provides to the contrary, after the
					 award of a contract, the purchasing records of an agency are public documents,
					 and these documents shall be maintained for a period of five years after the
					 expiration date of the contract. Record retention shall be in accordance with
					 G.S.
					 121-5.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Recodified from
					 09 NCAC
					 06B .1201 Eff. March 19, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.