reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 02 - NC AGRICULTURAL FINANCE AUTHORITY › Subchapter B - FARM REAL ESTATE LOAN PROGRAMS › Section 02B .0101 - LENDING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Authority
				will make agricultural loans to eligible borrowers to finance the acquisitions
				or improvement of real property from funds available to the Authority for this
				purpose. The Authority shall have overall administrative responsibility for the
				Real Estate Loan Program.
(b)
				Applicants will apply for loans on an application to be provided by the
				Authority. The applicant must adhere to the requirements of the application
				process including providing all relevant documents requested by the Authority
				or FmHA, in the case of guaranteed loans. The following application process
				will be implemented by the Authority:
(1) The
				Authority will review the application from the applicant and make a decision as
				to whether to approve the application.
(2) For guaranteed loans, approval by the
				Authority requires the application to be forwarded to FmHA for
				approval.
(3) A denial of approval
				by either the Authority or FmHA does not provide the applicant any recourse
				unless the reason for disapproval of the loan can be remedied and is allowed by
				either the Authority or FmHA.
(4)
				Following approval, the Authority or an agent thereof will originate and
				document the closing of the loan.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 02 - NC AGRICULTURAL FINANCE AUTHORITY › Subchapter B - FARM REAL ESTATE LOAN PROGRAMS › Section 02B .0102 - ELIGIBLE BORROWERS

Current through Register Vol. 39, No. 2, July 15, 2024
Eligible borrowers are applicants who demonstrate to the
				  Authority that they satisfy the following criteria:
(1) Need for an agricultural loan to finance
				agriculture or agribusiness;
(2)
				Ability to repay the loan is demonstrated;
(3) Collateral for the loan is sufficient;
				and
(4) Can meet any other
				requirements which may be imposed by the Authority, or FmHA in the case of
				guaranteed loans, in the exercise of sound banking practices.
Authority
				  G.S.
				  122D-2;
				  122D-6;
Temporary
				  Rule Eff. November 18, 1988 For a Period of 180 Days to Expire on May 17,
				  1989;
Eff. April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 25,
				  2015.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 02 - NC AGRICULTURAL FINANCE AUTHORITY › Subchapter C - AGRIBUSINESS LOANS › Section 02C .0101 - LENDING PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Authority
				will make loans to persons engaged in agribusiness for the purpose of financing
				agribusiness from funds available to the Authority for this purpose.
(b) Each agribusiness loan shall be
				separately underwritten and separately approved by the Authority.
Authority
				  G.S.
				  122D-6(4);
Temporary Rule Eff. November 18, 1988 For a Period of 180 Days to Expire on May
				  17, 1989;
Eff. April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 25,
				  2015.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used herein:
(1)
				"Act" means the Occupational Safety and Health Act of North Carolina, Article
				16, Chapter 95 of the General Statutes.
(2) "Affected employee" means an employee of
				a cited employer who is exposed to or has access to the alleged hazard
				described in the citation.
(3)
				"Hearing examiner" is synonymous with the "Administrative Law Judge" and means
				a person appointed by the Chairman of the Safety and Health Review Board of
				North Carolina, pursuant to
				G.S.
				95-135(c).
(4) "Authorized employee representative"
				means a labor organization whether local or international which has a
				collective bargaining relationship with the cited employer and which represents
				affected employees. Such an organization may appear through an authorized
				representative. Affected employees may appear pro se (unrepresented by
				counsel), through an attorney at law or through an authorized employee
				representative. See Rules .0202 and .0203 of this Chapter.
(5) "Authorized representative" includes an
				authorized employee representative; a bona fide full-time officer or employee
				of a party or intervenor which is an association, partnership, corporation, or
				other business entity and, for a cited employer, includes its attorney at law
				of record but excludes private safety consultants.
(6) "Citation" means a written communication
				issued by the Commissioner to an employer pursuant to
				G.S.
				95-137.
(7) "Notification of proposed penalty" means
				a written communication issued by the Commissioner to an employer pursuant to
				G.S.
				95-137.
(8) "Day" means a calendar day.
(9) "Working day" means all days except
				Saturdays, Sundays, and days which North Carolina observes as holidays, which
				may differ from Federal holidays.
(10) "Proceeding" means any proceeding before
				the Safety and Health Review Board of North Carolina or hearing
				examiner.
(11) "Respondent" means
				an employer who has been issued a citation.
(12) "Complainant" means the Commissioner of
				Labor of North Carolina.
(13)
				"Pleadings" are complaints and answers filed under Rule .0304 of this Chapter,
				petitions for modification of abatement and objecting parties' responses filed
				under Rule .0305 of this Chapter, and statements of reasons and contestants'
				responses filed under Rule .0306 of this Chapter. A "motion" is not a pleading
				within the meaning of these Rules.
(14) Unless otherwise specified, definitions
				set forth in
				G.S.
				95-127 are hereby adopted.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0102 - SCOPE OF RULES: APPLICABILITY OF NORTH CAROLINA RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Civil Procedure.
(1)
				The Rules of Procedure of the Safety and Health Review Board of North Carolina
				shall govern all proceedings before the Safety and Health Review Board of North
				Carolina and its hearing examiners, except where contests are initiated by
				agricultural employers or employees the Administrative Procedures Act shall
				apply.
(2) In the absence of a
				specific provision, procedure shall be in accordance with the North Carolina
				Rules of Civil Procedure.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0103 - USE OF GENDER AND NUMBER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Words
				importing the singular number may extend to and be applied to the plural and
				vice versa.
(b) Words importing one
				gender may be applied to the other.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0104 - COMPUTATION OF TIME

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In computing any
				period of time prescribed or allowed in these Rules, the day from which the
				designated period begins to run shall not be included. The last day of the
				period so computed shall be included unless it is a Saturday, Sunday, or legal
				holiday, in which event the period runs until the end of the next day which is
				not a Saturday, Sunday, or legal holiday. When the period of time prescribed or
				allowed is less than seven days, intermediate Saturdays, Sundays, and legal
				holidays shall be excluded in the computation.
(b) Where service of a pleading or document
				is by mail pursuant to Rule .0107 of this Section, three days shall be added to
				the time allowed by these Rules for filing of a responsive pleading. Service
				within the meaning of this Rule includes issuance of documents by the hearing
				examiner, Review Board or its Chairman.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0105 - EXTENSIONS OF TIME

Current through Register Vol. 39, No. 2, July 15, 2024
Requests for extensions of time for the filing of any
				  pleading or documents must be received in the Review Board office three days in
				  advance of the date on which the pleading or document is due to be filed. Such
				  requests may be oral or in writing. Oral requests shall be followed by a letter
				  addressed to the Office of the Review Board, setting out the substance of the
				  request.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0106 - RECORD ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
The initial pleading filed by any person shall contain that
				  person's name, address, and telephone number. Any change in such information
				  must be communicated promptly in writing to the Review Board, and to all other
				  parties and intervenors. A party or intervenor who fails to furnish such
				  information shall be deemed to have waived his right to notice and service
				  under these Rules.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0108 - FILING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A notice of contest under the provisions
				of Rule .0303 of this Chapter or under the provisions of Rule .0306 of this
				Chapter shall be filed with the Director who issued the citation or amended
				citation at the address shown thereon.
(b) Unless otherwise required by these Rules,
				all other papers relating to the contest shall be filed with the Board at
				Raleigh, North Carolina.
(c) Except
				where inconsistent with other Board Rules all filing may be accomplished in a
				manner consistent with Rule .0107(c) of this Section.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0109 - CONSOLIDATION

Current through Register Vol. 39, No. 2, July 15, 2024
Cases may be consolidated on the motion of any party, or on
				  the Board's or hearing examiner's own motion where there exist common parties,
				  common question of law or fact, or both, or in such other circumstances as
				  justice and the administration of the Act require.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0110 - SEVERANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Upon its own motion, or upon motion of any party or
				  intervenor, the Board or the hearing examiner may, for good cause, order any
				  proceeding severed with respect to some or all issues or
				  parties.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0111 - PROTECTION OF TRADE SECRETS: CONFIDENTIAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any claim of privileged information shall
				be in writing or on the record if made at a hearing. The claim must:
(1) identify the information claimed to be
				privileged;
(2) present facts
				supporting the claim; and
(3) set
				forth the relief sought.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0200 - PARTIES AND REPRESENTATIVES › Section 03 .0201 - PARTY STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
Affected employees or their authorized employee
				  representative may elect to participate as parties in an action concerning
				  their employer. Such election must ordinarily be made within 30 days prior to
				  the time the case is set for initial hearing on the merits. However, in cases
				  where settlement is proposed or modification of abatement is proposed, such
				  employees or their authorized employee representative shall have 15 days after
				  notice, as required by these Rules, of the proposed settlement or proposed
				  modification of abatement in which to seek or participate as parties in the
				  case and to be heard on any questions, including the proposed settlement or
				  modification of abatement.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0200 - PARTIES AND REPRESENTATIVES › Section 03 .0202 - INTERVENTION: APPEARANCE BY NON-PARTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				petition for leave to intervene may be filed at any stage of a proceeding
				before a commencement of the hearing.
(b) The petition shall set forth the interest
				of the petitioner in the proceeding and show that the participation of the
				petitioner will assist in the determination of the issues in question, and that
				the intervention will not unnecessarily delay the proceeding.
(c) The Board or the hearing examiner may
				grant a petition for intervention to such an extent and upon such terms as the
				Board or the hearing examiner shall determine.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0200 - PARTIES AND REPRESENTATIVES › Section 03 .0203 - REPRESENTATION OF PARTIES AND INTERVENORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				party or intervenor may appear in person, through an attorney, through an
				authorized representative as defined in Rule .0101(4) of this Chapter, or
				through a representative as defined in Rule .0101(5) of this Chapter. In
				accordance with rules of the North Carolina State Bar which govern the practice
				of law in North Carolina, an out-of-state attorney-at-law must be associated
				with a North Carolina attorney-at-law in order to appear before either the
				Review Board or its hearing examiners.
(b) An authorized representative or an
				attorney of a party or intervenor shall be deemed to control all matters
				respecting the interest of such party or intervenor in the
				proceeding.
(c) Withdrawal of
				appearance may be effected by filing a written notice of withdrawal and by
				serving a copy thereof on the Review Board and on all parties and
				intervenors.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0300 - PLEADINGS AND MOTIONS › Section 03 .0301 - FORM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as provided herein, there are no
				specific requirements as to the form of any pleading. A pleading is simply
				required to contain a caption sufficient to identify the parties in accordance
				with Rule .0302 of this Section, which shall include the Board's docket number
				as assigned, and a clear and plain statement of the relief that is sought,
				together with the grounds therefore.
(b) Pleadings and other documents (other than
				exhibits) shall be typewritten and double-spaced.
(c) Pleadings shall be signed by the party
				filing or by his attorney or authorized representative. Such signing
				constitutes a representation by the signer that he has read the document or
				pleading; that to the best of his knowledge, information, and belief the
				statements made therein are true; and that it is not interposed for
				delay.
(d) The Board may refuse for
				filing any pleading or document which does not comply with the requirements of
				Paragraphs (a) through (c) of this Rule.
(e) Citations to unpublished hearing examiner
				or Review Board decisions on North Carolina OSHA cases should include the names
				of the Commissioner of Labor of North Carolina and the respondent-employer, the
				OSHANC case number and year assigned, the letters "RB" if a Review Board
				decision or last name if a hearing examiner decision, and the year decided, for
				example: Brooks v. Ace, Inc., OSHANC 85-1200 (RB 1985); or Brooks v. Ace, Inc.,
				OSHANC 85-1200 (Jones 1985). Citation to the published North Carolina
				Occupational Safety and Health Decisions should follow the form specified
				therein.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0300 - PLEADINGS AND MOTIONS › Section 03 .0302 - CAPTION: TITLES OF CASES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Cases
				initiated by a notice of contest shall be titled "Commissioner of Labor,
				Complainant v. (Name of Contestant), Respondent."
(b) Cases initiated by a petition for
				modification of the abatement period shall be titled: "(Name of Employer),
				Petitioner v. Commissioner of Labor, Respondent."
(c) Cases initiated by employee objection to
				the abatement period shall be titled as provided in Paragraph (b) of this Rule,
				with the name of the employee or employee representative inserted as the third
				party: "(Name of Employer), Petitioner v. Commissioner of Labor, Respondent v.
				(Name of Employee/Employee Representative), Third Party."
(d) The titles listed in Paragraphs (a) and
				(b) of this Rule shall appear at the left upper portion of the initial page of
				any pleading or document (other than exhibits) files.
(e) The initial page of any pleading or
				document (other than exhibits) shall show, at the upper right of the page,
				opposite the title, the docket number, if known, assigned by the
				Board.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0300 - PLEADINGS AND MOTIONS › Section 03 .0303 - CITATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commissioner
				shall serve on the Respondent a citation stating each standard, regulation, or
				section of the Act allegedly violated, a description of the alleged violation,
				and the date by which the violation must be corrected.
(b) A recipient of the citation shall have 15
				working days from receipt of such citation to file his notice of contest with
				the Commissioner. Failure to file a notice of contest within a specified time
				shall be deemed waiver of Respondent's right to contest the citation.
(c) The Commissioner shall, within 10 working
				days of receipt of a notice of contest, transmit the original to the Board,
				together with copies of the citation and proposed penalty. The notice of
				contest shall include the employer's name, address, and telephone
				number.
(d) After the notice of
				contest is filed, the Board shall send the employer a form entitled Statement
				of Employer's/Respondent's Position. The Statement of Employer's/Respondent's
				Position must include information sufficient to:
(1) notify the employer and other interested
				persons that the North Carolina Department of Labor has issued a citation
				alleging that the employer violated a particular standard(s), including the
				date of the alleged violation(s);
(2) determine whether the employer admits or
				denies each of the charges or admits the violation but contests the amount of
				the proposed penalty for that violation; and
(3) advise the employer of the consequences
				of failing to complete and return the form, using a statement such as:
IF YOU DO NOT RESPOND IN WRITING WITH EITHER THIS FORM OR
				  YOUR OWN STATEMENT OF POSITION BY MAILING OR DELIVERING IT TO THE REVIEW BOARD,
				  POSTMARKED, WITHIN 20 DAYS FROM THE DAY YOU RECEIVED THIS FORM, YOUR RIGHT TO
				  CONTEST THE DEPARTMENT OF LABOR'S ALLEGATIONS IS LOST.
The employer must complete the form in accordance with its
				  instructions and return it to:
Safety and Health
Review Board of North Carolina
121 West Jones Street
Raleigh, North Carolina 27603.
A copy shall also be mailed to:
Labor Section
N.C. Attorney General's Office
P.O. Box 629
Raleigh, North Carolina 27602.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0300 - PLEADINGS AND MOTIONS › Section 03 .0304 - COMPLAINT AND ANSWER

Current through Register Vol. 39, No. 2, July 15, 2024
This section shall only apply where either party has, within
				  the time specified in Rule .0303 of this Section requested formal pleadings. If
				  formal pleadings are demanded by either party then:
(1) Complaint.
(a) The Commissioner shall file a complaint
				with the Board no later than 20 days after formal pleadings are demanded or
				after receipt of the Statement of Employer's/Respondent's Position. The
				complaint shall contain a notice in bold type that: WITHIN 20 DAYS OF RECEIPT
				OF THE COMPLAINT, RESPONDENT MUST FILE AN ANSWER WITH THE REVIEW
				BOARD.
(b) The complaint shall set
				forth all alleged violations and proposed penalties which are contested,
				stating with particularity:
(i) the basis for
				jurisdiction;
(ii) the time,
				location, place, and circumstances of each violation; and
(iii) the consideration upon which the period
				for abatement and proposed penalty on each such alleged violation is based. The
				complaint shall not incorporate the citation by reference.
(c) Where the Commissioner seeks in his
				complaint to amend his citation or proposed penalty, he shall set forth the
				reasons for amendment and shall state with particularity the change
				sought.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0300 - PLEADINGS AND MOTIONS › Section 03 .0305 - PETITION FOR MODIFICATION OF ABATEMENT PERIOD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An employer
				may file a petition for modification of abatement date when he has made a good
				faith effort to comply with the abatement requirements of a citation, but such
				abatement has not been completed because of factors beyond his reasonable
				control.
(b) A petition for
				modification of abatement date shall be in writing and shall include the
				following information:
(1) All steps taken by
				the employer and the dates of such action, in an effort to achieve compliance
				during the prescribed abatement period.
(2) The specific additional abatement time
				necessary in order to achieve compliance.
(3) The reasons such additional time is
				necessary including the unavailability of professional or technical personnel
				or of materials and equipment, or because necessary construction or alteration
				of facilities cannot be completed by the original abatement date.
(4) All available interim steps being taken
				to safeguard the employees against the cited hazard during the abatement
				period.
(5) A certification that a
				copy of the petition has been posted and, if appropriate, served on the
				authorized representative of affected employees, in accordance with
				Subparagraph (c)(1) of this Rule and a certification of the date upon which
				such posting and service was made.
(6) A separate declaration listing all
				parents, subsidiaries, and affiliates, or stating that none exist, if the
				petitioner is a corporation.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0300 - PLEADINGS AND MOTIONS › Section 03 .0306 - EMPLOYEE OBJECTIONS TO PERIODS OF ABATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				affected employee or authorized employee representative may at any time within
				15 working days after the employer posts a citation, file with the issuing
				Director a notice of contest in which objections are made to the period of
				abatement. Upon receipt of the notice of contest, the Director shall within 10
				working days notify the Board thereof. The Director shall within 20 days from
				his receipt of the notice of contest, file a clear and concise statement of the
				reasons the period of abatement is not unreasonable.
(b) Not later than 20 days after receipt of
				the Director's statement referred to in Paragraph (a) of this Rule, the
				objecting employee or authorized employee representative shall file a response
				containing a clear and concise statement of the reasons why the abatement
				period is considered improper. The Board shall then afford an opportunity for a
				hearing in accordance with Rule .0702 of this Chapter.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0300 - PLEADINGS AND MOTIONS › Section 03 .0307 - STATEMENT OF POSITION

Current through Register Vol. 39, No. 2, July 15, 2024
At any time prior to the commencement of the hearing, any
				  person entitled to appear as a party, or any person who has been granted leave
				  to intervene, may file a statement of position with respect to any or all
				  issues to be heard.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0300 - PLEADINGS AND MOTIONS › Section 03 .0308 - MOTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All motions
				filed with the Review Board prior to hearing before the hearing examiner or
				prior to argument before the Review Board shall be in writing, shall be served
				on the parties, and shall set forth reasons supporting the motion. All parties
				upon whom a motion is served shall have 10 days from service to file a
				response. During a hearing, motions may be made orally, unless the hearing
				examiner or Board directs otherwise. Each motion shall state with particularity
				the grounds upon which it is based and the relief or order sought.
(b) If oral argument is requested on any
				motion, the request for oral argument should be contained in a motion and set
				out reasons why oral argument is requested. Oral argument should be granted on
				a showing of good cause as to why such oral argument is required.
(c) Motions shall, in the ordinary course of
				proceedings, be heard and disposed of by hearing examiners to whom the case is
				assigned or by the Review Board when the case is before the Review Board as a
				whole.
(d) Any party may request an
				expedited hearing on a motion or a hearing on a motion before the Review Board.
				Such motions shall only be granted by a showing of good cause. Appeal from
				denial of motion may be heard by the full Review Board in its
				discretion.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0300 - PLEADINGS AND MOTIONS › Section 03 .0309 - FAILURE TO OBEY RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Sanctions.
				Failure to file or serve any pleading or otherwise proceed as provided by these
				Rules, may result in a declaration of default and a decision against the
				defaulting party. The declaration and decision may be initiated by the hearing
				examiner or Review Board or result from the motion of a party to the hearing
				examiner, Review Board, or Review Board Chairman. If the decision is made by a
				hearing examiner or the Review Board Chairman, the decision will become the
				decision of the Review Board unless review is initiated by any Review Board
				member or by the appeal of the defaulting party.
(b) Review. Review of a decision against a
				defaulting party, whether made by the hearing examiner or Review Board
				Chairman, must be directed by a Review Board member or sought by a party within
				30 days of the filing date of the decision.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0400 - PRE HEARING PROCEDURES AND DISCOVERY › Section 03 .0401 - WITHDRAWALS

Current through Register Vol. 39, No. 2, July 15, 2024
At any stage of a proceeding, a party may enter a notice to
				  withdraw its notice of contest, petition for modification of abatement date, or
				  citation. A notice to withdraw a notice of contest may only be entered when the
				  citation contested has been fully complied with and the proposed penalty is
				  paid in full. Any additions, amendments, or deletions from the contested
				  citation, proposed by the Director, must be stated in a notice of settlement.
				  Any notice of dismissal shall be served upon employees and parties in
				  accordance with Rule .0107 of this Chapter.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0400 - PRE HEARING PROCEDURES AND DISCOVERY › Section 03 .0402 - PRE-HEARING CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) At any time
				before a hearing, the Board or the hearing examiner, on its or the hearing
				examiner's motion or on motion of a party, may direct the parties or their
				representatives to exchange information and to participate in a pre-hearing
				conference for the purpose of considering matters which will tend to simplify
				the issues or expedite the proceedings.
(b) The Board or the hearing examiner may
				issue a pre-hearing order which includes the agreements reached by the parties.
				Such order shall be served on all parties and shall be part of the
				record.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0400 - PRE HEARING PROCEDURES AND DISCOVERY › Section 03 .0403 - REQUEST FOR ADMISSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) At any time
				after the filing of responsive pleadings, any party may request of any other
				party admissions of facts to be made under oath. Each admission requested shall
				be set forth separately. The party upon whom the request is made shall serve a
				response thereto on the requesting party and the Review Board no later than 15
				days after service of the request. The request for admissions shall
				conspicuously state that failure to timely respond may subject the party to
				sanctions as provided in Rule .0405 of this Section.
(b) Copies of all requests and responses
				shall be served on all parties in accordance with the provisions of Rule
				.0107(a) of this Chapter and filed with the Board within the time allotted and
				shall be a part of the record.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0400 - PRE HEARING PROCEDURES AND DISCOVERY › Section 03 .0404 - DISCOVERY DEPOSITIONS AND INTERROGATORIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Except by order of the Board or the hearing examiner, discovery depositions of
				parties, intervenors, or witnesses, discovery inspections by parties or
				intervenors, interrogatories, and requests for documents and things, directed
				to parties or intervenors shall not be allowed.
(b) In the event the Board or the hearing
				examiner grants an application for the conduct of such discovery proceedings,
				the order granting the same shall set forth appropriate time limits governing
				the discovery.
(c) The hearing
				examiner or Board may limit the extent of discovery, taking into account such
				considerations as: burdensome expense, prior opportunity of a party to acquire
				the information, the complexity of issues in the case, and other relevant
				factors.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0400 - PRE HEARING PROCEDURES AND DISCOVERY › Section 03 .0405 - FAILURE TO COMPLY WITH ORDERS FOR DISCOVERY

Current through Register Vol. 39, No. 2, July 15, 2024
If any party, intervenor, or witness fails to respond timely
				  to a subpoena, request for admissions, documents and things, or any order of
				  the hearing examiner or Board to permit discovery in accordance with the
				  provisions of these Rules, the Board or the hearing examiner may, in its, his,
				  or her discretion, issue appropriate orders, including, but not limited
				  to:
(1) Striking the pleadings or
				notice of contest of the defaulting party and entering judgment by
				default;
(2) Taxing attorney fees
				against the defaulting party to be awarded to the opposing party;
(3) In the case of failure to respond to
				request for admissions, order that the matters requested are deemed admitted;
				and
(4) Such other sanctions
				justified by the particular circumstances.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0400 - PRE HEARING PROCEDURES AND DISCOVERY › Section 03 .0406 - SUBPOENAS ISSUED: MODIFY SUBPOENAS: INSPECT AND COPY DATA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any member of the Board or the hearing
				examiner shall, on the application of any party directed to the Board,
				forthwith issue subpoenas requiring the attendance and testimony of witnesses
				and the production of any evidence, including relevant books, correspondence,
				or documents, in his possession or under his control. Applications for
				subpoenas may be ex parte. The subpoena shall show on its face the name and
				address of the party at whose request the subpoena was issued.
(b) Any person served with a subpoena, or a
				subpoena to produce documents shall, within five days after the date of service
				of the subpoena upon him, move in writing to revoke or modify the subpoena if
				he does not intend to comply. All motions to revoke or modify shall be served
				on the party of whose request the subpoena was issued. The Board or hearing
				examiner shall revoke or modify the subpoena if, in its, his, or her opinion,
				the evidence of which production is required does not relate to any matters
				under investigation or in question in the proceedings or the subpoena does not
				describe with sufficient particularity the evidence of which production is
				required, or if for any other reason sufficient in law the subpoena is
				otherwise invalid. The Board or hearing examiner shall make a simple statement
				of procedural or other grounds for the ruling on the motion to revoke or
				modify. The motion to revoke or modify, any answer filed thereto, and any
				ruling thereon, shall become a part of the record.
(c) Persons compelled to submit data or
				evidence at a public proceeding are entitled to retain, or on payment of
				lawfully prescribed costs, to procure copies of transcripts of the data or
				evidence submitted by them.
(d)
				Upon the failure of any person to comply with a subpoena issued on the request
				of a party, the party, on approval of the Board, may initiate proceedings in
				the appropriate court for the enforcement thereof. The Board shall approve
				proceedings for the enforcement of the subpoena if in its judgment enforcement
				of such subpoena would be consistent with the law and policies of the Act.
				Failure to comply with a subpoena may result in imposition of sanctions set out
				in Rule .0405 of this Section.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0501 - NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Notice of the time, place, and nature of a hearing shall be
				  given to the parties and intervenors at least 15 days in advance of such
				  hearing, except as otherwise provided in Rule .0702 of this
				  Chapter.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0502 - POSTPONEMENT OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Postponement of
				a hearing ordinarily will not be allowed.
(b) Except in the case of an extreme
				emergency, unusual circumstances, for good cause shown, or upon consent by all
				parties, no such request will be considered unless received in writing at least
				three days in advance of the time set for the hearing.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0503 - FAILURE TO APPEAR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Subject to the
				provisions of Paragraph (c) of this Rule, the failure of a party to appear at a
				hearing shall be deemed to be a waiver of all rights to participate and be
				heard in the hearing. Unjustifiable failure to appear may result in a
				declaration of default and a decision against the defaulting party in
				accordance with Rule .0309(a) of this Chapter. Such parties shall be served
				with a copy of the decision of the Board.
(b) Requests for rehearing based on
				justifiable failure to appear must be made, in the absence of extraordinary
				circumstances, within five days after the scheduled hearing date.
(c) The Board or the hearing examiner, upon a
				timely showing of good cause, may excuse such failure to appear. In such event,
				the hearing may be re-scheduled.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0504 - PAYMENT OF FEES AND MILEAGE TO WITNESSES: COURT REPORTERS

Current through Register Vol. 39, No. 2, July 15, 2024
Witnesses summoned before the Board or hearing examiner shall
				  be paid the same fees and mileage that are paid witnesses in the State courts,
				  and witnesses whose depositions are taken, and the persons taking the same,
				  shall severally be entitled to the same fees as are paid for like services in
				  the State court. Witness fees and mileage shall be paid by the party at whose
				  instance the witness appears, and the person taking a deposition shall be paid
				  by the party at whose instance the deposition is taken.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.