reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0107 - SETTLEMENT CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A settlement
				conference is for the primary purpose of assisting the parties in resolving
				disputes and for the secondary purpose of narrowing the issues and preparing
				for hearing.
(b) A settlement
				conference shall be held at the request of any party, the administrative law
				judge, or the Chief Administrative Law Judge. Upon receipt of the request, the
				Chief Administrative Law Judge shall assign the case to another administrative
				law judge for the purpose of conducting a settlement conference. Unless both
				parties and the administrative law judge agree, a unilateral request for a
				settlement conference shall not constitute good cause for a continuance. The
				conference shall be conducted at a time and place agreeable to all parties and
				the administrative law judge. It shall be conducted by telephone if any party
				would be required to travel more than 50 miles to attend, unless that party
				agrees to travel to the location set for the conference. If a telephone
				conference is scheduled, the parties must be available by telephone at the time
				of the conference.
(c) All parties
				shall attend or be represented at a settlement conference under the same
				requirements as provided for in a mediation settlement conference under Rule
				.0204(a) of this Chapter. Parties or their representatives shall be prepared to
				participate in settlement discussions.
(d) The parties shall discuss the possibility
				of settlement before a settlement conference if they believe that a reasonable
				basis for settlement exists.
(e) At
				the settlement conference, the parties shall be prepared to provide information
				and to discuss all matters required in Rule .0104 of this Section.
(f) If, following a settlement conference, a
				settlement has not been reached but the parties have reached an agreement on
				any facts or other issues, the administrative law judge presiding over the
				settlement conference shall issue an order confirming and approving, if
				necessary, those matters agreed upon. The order is binding on the
				administrative law judge who is assigned to hear the case.
Authority
				  G.S.
				  7A-751(a);
				  150B-22;
				  150B-31(b);
Eff. August 1, 1986;
Amended Eff. April 1, 2001; February 1, 1994;
				  November 1, 1987; September 1, 1986;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0108 - PREHEARING CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of
				the prehearing conference is to simplify the issues to be determined, to obtain
				stipulations in regard to foundations for testimony or exhibits, to obtain
				stipulations of agreement on nondisputed facts or the application of particular
				laws, to consider the proposed witnesses for each party, to identify and
				exchange documentary evidence intended to be introduced at the hearing, to
				determine deadlines for the completion of any discovery, to establish hearing
				dates and locations if not previously set, to consider such other matters that
				may be necessary or advisable and, if possible, to reach a settlement without
				the necessity for further hearing. Any final settlement shall be set forth in a
				settlement agreement or consent order and made a part of the record.
(b) Upon the request of any party or upon the
				administrative law judge's own motion, the administrative law judge may hold a
				prehearing conference prior to a contested case hearing. The administrative law
				judge may require the parties to file prehearing statements in accordance with
				Rule .0104 of this Section. A prehearing conference shall be an informal
				proceeding conducted expeditiously by the administrative law judge. Agreements
				on the simplification of issues, amendments, stipulations, or other matters may
				be entered on the record or may be made the subject of an order by the
				administrative law judge. Venue for purposes of a prehearing conference shall
				be determined in accordance with
				G.S.
				150B-24.
Authority
				  G.S.
				  150B-33(b)(4),(5);
Eff. August 1, 1986;
Amended Eff. February 1, 1994; April 1, 1990;
				  November 1, 1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0109-.0110 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150B-23;
				  150B-32(b);
Eff. August 1, 1986;
Amended Eff. October 1, 1991; November 1,
				  1987;
Expired Eff. August 1, 2016 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0111 - CONSOLIDATION OF CASES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Chief
				Administrative Law Judge of the Office of Administrative Hearings may order a
				joint hearing of any matters at issue in contested cases involving common
				questions of law or fact or multiple proceedings involving the same or related
				parties, or may order the cases consolidated or make other orders to reduce
				costs or delay in the proceedings.
(b) A party requesting consolidation shall
				serve a petition for consolidation on all parties to the cases to be
				consolidated and shall file the original with the Office of Administrative
				Hearings, together with a Certificate of Service showing service on all parties
				as herein required. Any party objecting to the petition shall serve and file
				his objections within 10 days after service of the petition for
				consolidation.
(c) Upon determining
				whether cases should be consolidated, the Chief Administrative Law Judge shall
				serve a written order on all parties which contains a description of the cases
				for consolidation and the reasons for the decision.
(d) Nothing contained in this Rule shall be
				deemed to prohibit the parties from stipulating and agreeing to a consolidation
				which shall be granted upon submission of a written stipulation signed by all
				the parties to the Chief Administrative Law Judge.
(e) Following receipt of a notice of or order
				for consolidation, any party may petition for severance by serving it on all
				other parties and filing it with the Office of Administrative Hearings at least
				seven days prior to the first scheduled hearing date. If the Chief
				Administrative Law Judge finds that the consolidation will prejudice any party,
				he shall order the severance or other relief which will prevent the prejudice
				from occurring.
Authority
				  G.S.
				  150B-23;
				  150B-31;
Eff. August
				  1, 1986;
Amended Eff. January 1, 1987; September 1,
				  1986;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0112 - DISCOVERY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) 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 administrative law judge to obtain an order
				compelling discovery. In the disposition of the motion, the party seeking
				discovery shall have the burden of showing that the discovery is needed for the
				proper presentation of the party's case, is not for purposes of delay, and that
				the issues in controversy are significant enough to warrant the
				discovery.
(b) When a party serves
				another party with a Request for Discovery, that request need not be filed with
				the Office of Administrative Hearings but shall be served upon all
				parties.
(c) The parties in any
				contested case shall voluntarily exchange information upon filing the contested
				case, seek access as provided by law to public documents, and exhaust other
				informal means of obtaining discoverable material within the timeframe set in
				the scheduling order.
All discovery shall be completed no later than the first day
				  of the contested case hearing.
(d) No later than 15 days from 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 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0113 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Subpoenas for
				the attendance and testimony of witnesses or for the production of documents,
				either at a hearing or for the purposes of discovery, shall be issued in
				accordance with
				G.S.
				150B-27 and
				G.S.
				1A-1, Rule 45.
(b) A subpoena shall be served in the manner
				provided by
				G.S.
				150B-27 and
				G.S.
				1A-1, Rule 45. The cost of service, fees, and
				expenses of any witnesses subpoenaed shall be paid by the party at whose
				request the witness appears. A party seeking an order imposing sanctions for
				failure to comply with any subpoena issued under this Rule must prove proper
				service of the subpoena.
(c)
				Objections to subpoenas shall be heard in accordance with
				G.S.
				150B-27 and
				G.S.
				1A-1, Rule 45.
Authority
				  G.S.
				  150B-27;
				  150B-33;
Eff. August
				  1, 1986;
Amended Eff. October 1, 1991; November 1,
				  1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0114 - 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
				an administrative law judge, the administrative law judge 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 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 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0115 - MOTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any application
				to the administrative law judge for an order shall be by motion, which shall be
				in writing unless made during a hearing, and must be filed and served upon all
				parties not less than ten days before the hearing, if any, is to be held either
				on the motion or the merits of the case. The nonmoving party shall have ten
				days from the date of service of the motion to file a response. A response must
				be in writing. Motions practice in contested cases before the Office of
				Administrative Hearings shall be governed by Rule 6 of the General Rules of
				Practice for the Superior and District Courts.
(b) If any party desires a hearing on the
				motion, he shall make a request for a hearing at the time of the filing of his
				motion or response. A response shall set forth the nonmoving party's
				objections. All motions in writing shall be decided without oral argument
				unless an oral argument is directed by the administrative law judge. When oral
				argument is directed by the administrative law judge, a motion shall be
				considered submitted for disposition at the close of the argument. A hearing on
				a motion will be directed by the administrative law judge only if it is
				determined that a hearing is necessary to the development of a full and
				complete record on which a proper decision can be made. All orders on such
				motions, other than those made during the course of a hearing, shall be in
				writing and shall be served upon all parties of record not less than five days
				before a hearing, if any, is held.
Authority
				  G.S.
				  150B-33(b);
Eff.
				  August 1, 1986;
Amended Eff. November 1, 1987;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0116 - TIME

Current through Register Vol. 39, No. 2, July 15, 2024
Unless otherwise provided in the rules of the Office of
				  Administrative Hearings or in a specific statute, time computations in
				  contested cases before the Office of Administrative Hearings shall be governed
				  by G.S.
				  1A-1, Rule 6.
Authority
				  G.S.
				  150B-33(b)(4);
Eff. August 1, 1986;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0117 - 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 will be determined by the administrative law
				judge 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 that 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 should exist.
(b)
				Any party may object to the motion for intervention by filing a written notice
				of objection with the administrative law judge within five days of 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 determined to be necessary to
				develop a full record on the question of intervention, the administrative law
				judge 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
				administrative law judge shall allow intervention upon a proper showing under
				this Rule, unless the administrative law judge 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 administrative law judge's reasons. 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 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0118 - CONTINUANCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Requests for a
				continuance of a hearing shall be granted upon a showing of good cause or
				extraordinary cause. Unless time does not permit, a request for a continuance
				of a hearing shall be made in writing to the administrative law judge and shall
				be served upon all parties of record. In determining whether good cause or
				extraordinary 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 of a hearing shall be denied
				unless the reason for the request could not have been ascertained earlier.
(1) "Good cause" includes death or
				incapacitating illness of a party, representative, or attorney of a party; a
				court order requiring a continuance; lack of proper notice of the hearing; a
				substitution of the representative or attorney of a party if the substitution
				is shown to be required; a change in the parties or pleadings requiring
				postponement; and agreement for a continuance by all parties if either more
				time is clearly necessary to complete mandatory preparation for the case, such
				as authorized discovery, and the parties and the administrative law judge have
				agreed to a new hearing date or the parties have agreed to a settlement of the
				case that has been or is likely to be approved by the final decision
				maker.
(2) "Good cause" shall 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, or if the notice of the other proceeding was
				received subsequent to the notice of the hearing for which the continuance is
				sought; unavailability of a witness if the witness testimony can be taken by
				deposition, and failure of the attorney or representative to properly utilize
				the statutory notice period to prepare for the hearing.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0119 - SECURE LEAVE PERIODS FOR ATTORNEYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Any attorney may designate one or more secure leave periods each year as
				provided in this Rule.
(b) Length,
				Number. A secure leave period shall consist of one or more complete calendar
				weeks. During any calendar year, an attorney's secure leave periods pursuant to
				this Rule shall not exceed, in the aggregate, three calendar weeks.
(c) Designation, Effect. To designate a
				secure leave period an attorney shall file a written designation containing the
				information required by Paragraph (d) with the Chief Hearings Clerk. The
				designation shall be filed:
(1) no later than
				90 days before the beginning of the secure leave period; and
(2) before any argument or other proceeding
				before an administrative law judge has been scheduled for a time during the
				designated secure leave period.
Upon such filing, the secure leave period so designated shall
				  be deemed allowed without further action by the presiding administrative law
				  judge, and the attorney shall not be required to appear at any argument or
				  other administrative proceeding during that secure leave period.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0121 - 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 administrative law judge's own motion, the administrative law judge may
				  exclude witnesses from the hearing room so that they cannot hear the testimony
				  of other witnesses.
Authority
				  G.S.
				  150B-25(c)(d);
				  150B-33(4);
				  150B-37(b);
Eff. August 1, 1986;
Amended Eff. November 1, 1987;
Recodified from Rule .0120 Eff. August 1, 2000;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0122 - EVIDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina Rules of Evidence as found in Chapter 8C
				  of the General Statutes shall govern in all contested case proceedings, except
				  as provided otherwise in these Rules and
				  G.S.
				  150B-29.
(1) The administrative law judge may admit
				all evidence that has probative value. Irrelevant, incompetent, and immaterial
				or unduly repetitious evidence shall be excluded. An administrative law judge
				may, in his discretion, exclude any evidence if its probative value is
				substantially outweighed by the risk that its admission will:
(a) necessitate undue consumption of time;
				or
(b) create substantial danger of
				undue prejudice or confusion.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0123 - OFFICIAL RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The official
				record of a contested case shall be available for public inspection upon
				request. An administrative law judge may, consistent with law, order all or
				part of an official record sealed.
(b) The official record shall be prepared in
				accordance with
				G.S.
				150B-37(a).
(c) Contested case hearings shall be recorded
				either by a hearing assistant provided by the Office of Administrative Hearings
				or a court reporter listed by the North Carolina Administrative Office of the
				Courts as authorized and approved to prepare transcripts of proceedings held in
				the courts of all counties procured directly by one or more parties to the
				contested case.
(d) If a contested
				case hearing is cancelled, the party responsible for the cancellation shall
				provide a 24-hour cancellation notice to the other parties in all cases in
				which a hearing assistant is provided by the Office of Administrative
				Hearings.
(e) Transcripts of
				proceedings held in the Office of Administrative Hearings shall be made only
				upon request of a party. When proceedings are recorded by a court reporter,
				transcript requests shall be made directly to the court reporter. When
				proceedings are recorded by a hearing assistant, transcript requests shall be
				made directly to a transcriptionist listed by the North Carolina Administrative
				Office of the Courts as authorized and approved to prepare transcripts of
				proceedings held in the courts of all counties.
(f) A party who orders a transcript shall use
				an Office of Administrative Hearings transcript form to order the transcript,
				which shall include the following information:
(1) case name and number;
(2) requestor information; and
(3) transcriptionist information.
That form is available on the Office of Administrative
				  Hearings website at
https://www.oah.nc.gov
and may be obtained
				  from the Chief Hearings Clerk upon request. The party ordering the transcript
				  shall file the transcript form with the Office of Administrative Hearings and
				  shall serve the transcript form on all other parties and the
				  transcriptionist.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0124 - EXPIRED - VENUE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150B-24;
Eff. August 1,
				  1986;
Recodified from Rule .0123 Eff. August 1, 2000;
Expired Eff. August 1, 2016 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0125 - CONDUCT OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Hearings shall be conducted, as nearly as practical, in
				  accordance with the practice in the Trial Division of the General Court of
				  Justice.
Authority
				  G.S.
				  150B-25;
				  150B-33;
Eff. August
				  1, 1986;
Recodified from Rule .0124 Eff. August 1,
				  2000;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0126 - HEARING OFFICER'S PROPOSAL FOR DECISION: EXCEPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150B-34;
Eff. August 1,
				  1986;
Temporary Repeal Eff. August 26, 1987 For a Period of 120
				  Days to Expire on December 24, 1987;
Temporary Repeal Eff. December
				  24, 1987 For a Period of 8 Days to Expire on January 1, 1988;
Repealed Eff. January 1, 1988;
Recodified from Rule .0125 Eff.
				  August 1, 2000.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0127 - ADMINISTRATIVE LAW JUDGE'S DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				An administrative law judge shall issue a final decision or order in a
				contested case within 45 days after the later of the date the administrative
				law judge receives any proposed findings of fact and written arguments
				submitted by the parties and the date the contested case hearing
				ends.
(b) An administrative law
				judge's final decision shall be based exclusively on:
(1) competent evidence and arguments
				presented during the hearing and made a part of the official record;
(2) stipulations of fact;
(3) matters officially noticed;
(4) any proposed findings of fact and written
				arguments submitted by the parties under Paragraph (g) of Rule .0119 of this
				Section; and
(5) other items in the
				official record that are not excluded by
				G.S.
				150B-29(b).
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0128-.0130 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  7A-750;
				  7A-751(a);
				  150B-14;
				  150B-34;
				  150B-35;
				  150B-62(b);
				  150B-63(f);
Eff. August 1, 1986;
Amended Eff. January 1, 1991; November 1,
				  1987; January 1, 1987;
Recodified from Rule .0127, .0128, .0129
				  Eff. August 1, 2000;
Amended Eff. April 1, 2001;
Expired Eff. August 1, 2016 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0131 - FINAL DECISIONS IN CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
A copy of a final decision issued by an administrative law
				  judge shall be served on each party in accordance with Rule .0102(a)(3) and (b)
				  through (f) of this Section.
Authority
				  G.S.
				  150B-45;
ARRC Objection Lodged
				  November 17, 1988;
Eff. April 1, 1989;
ARRC Objection
				  Removed Eff. April 1, 1990;
Amended Eff. October 1, 1991; April 1,
				  1990;
Recodified from Rule .0130 Eff. August 1, 2000;
Temporary Amendment Eff. January 1, 2012;
Amended Eff. November 1,
				  2012;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0200 - MEDIATION SETTLEMENT CONFERENCE › Section 03 .0201 - ORDER FOR MEDIATED SETTLEMENT CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Order by Chief Administrative Law Judge. The Chief Administrative Law Judge
				may, by written order, require parties and their representatives to attend a
				pre-hearing mediated settlement conference in any contested case.
(b) Timing of the Order. The Chief
				Administrative Law Judge may issue the order within 10 days of the filing of
				the contested case petition. Paragraph (c) of this Rule and Paragraph (b) of
				Rule .0203 of this Section shall govern the content of the order and the date
				of completion of the conference.
(c) Content of Order. The Chief
				Administrative Law Judge's order shall:
(1)
				require the mediated settlement conference be held in the contested
				case;
(2) establish a deadline for
				the completion of the conference;
(3) state that the parties have the right to
				select their own mediator as provided in Paragraph (a) of Rule .0202 of this
				Section;
(4) state the rate of
				compensation of the mediator appointed by the presiding Administrative Law
				Judge pursuant to Paragraph (c) of Rule .0202 of this Section in the event that
				the parties do not exercise their right to select a mediator; and
(5) state that the parties shall be required
				to pay the mediator's fee at the conclusion of the settlement conference unless
				otherwise apportioned by the presiding Administrative Law Judge.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0200 - MEDIATION SETTLEMENT CONFERENCE › Section 03 .0203 - MEDIATION SETTLEMENT CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Where Conference is to be Held. Unless all parties and the mediator otherwise
				agree, the mediated settlement conference shall be held in the courthouse or
				other public building in the county where the contested case is pending. The
				mediator shall reserve a place and make arrangements for the conference and
				give timely notice to all attorneys and unrepresented parties of the time and
				location of the conference.
(b)
				When Conference is to be Held. The Chief Administrative Law Judge's order
				issued pursuant to Paragraph (b) of Rule .0201 of this Section shall clearly
				state a date of completion for the conference. Such date shall not be less than
				90 days or more than 120 days after the issuance of the Chief Administrative
				Law Judge's order. The Chief Administrative Law Judge may shorten these time
				limits in order to meet statutorily imposed deadlines for the hearing of
				certain types of contested cases.
(c) Request to Extend Date of Completion. A
				party, or the mediator, may request the presiding Administrative Law Judge to
				extend the deadline for completion of the conference. Such request shall state
				the reasons the continuance is sought and shall be served by the moving party
				upon the other parties and the mediator. The presiding Administrative Law Judge
				may grant the request and enter an order setting a new date for the completion
				of the conference, which date may be set at any time prior to hearing. Such
				order shall be served upon the parties and the mediator.
(d) Recesses. The mediator may recess the
				conference at any time and may set times for reconvening. If the time for
				reconvening is set before the conference is recessed, no further notification
				is required for persons present at the recessed conference.
(e) The Mediated Settlement Conference Is Not
				To Delay Other Proceedings. The mediated settlement conference shall not be
				cause for the delay of other proceedings in the contested case, including the
				completion of discovery, the filing or hearing of motions, or the hearing of
				the contested case, except by order of the presiding Administrative Law
				Judge.
Authority
				  G.S.
				  7A-751(a);
				  150B-23.1;
Eff.
				  February 1, 1994;
Amended Eff. April 1, 2001;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0200 - MEDIATION SETTLEMENT CONFERENCE › Section 03 .0204 - DUTIES OF PARTIES, REPRESENTATIVES, AND ATTORNEYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Attendance. The following persons shall physically attend a mediated settlement
				conference:
(1) All individual parties, or an
				officer or employee or agent of a party who is not a natural person who is not
				the party's outside counsel and who has been authorized to decide on behalf of
				the party whether and on what terms to settle the contested case; or in the
				case of a governmental entity, an employee or agent who is not the party's
				outside counsel and who has authority to decide on behalf of the party whether
				and what terms to settle the contested case; provided if under law proposed
				settlement terms can be approved only by a Board, the representative shall have
				authority to negotiate on behalf of the party and to make a recommendation to
				that Board;
(2) At least one
				counsel of record for each party or other participant whose counsel has
				appeared in the contested case; and
(3) For any insured party against whom a
				claim is made, a representative of the insurance carrier who is not the
				carrier's outside counsel and who has authority to make a decision on behalf of
				the carrier or who has been authorized to negotiate on behalf of the carrier
				and can promptly communicate during the conference with persons who have the
				decision-making authority.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0200 - MEDIATION SETTLEMENT CONFERENCE › Section 03 .0205 - SANCTIONS FOR FAILURE TO ATTEND

Current through Register Vol. 39, No. 2, July 15, 2024
If a party or other person required to attend a mediated
				  settlement conference fails to attend without good cause, the presiding
				  Administrative Law Judge may impose upon the party or person any appropriate
				  monetary sanction including, but not limited to, the payment of fines,
				  attorneys fees, mediator fees, expenses and loss of earnings incurred by
				  persons attending the conference as authorized by
				  G.S.
				  150B-33(b)(8) or (10). A
				  party seeking sanctions against another party or person shall do so in a
				  written motion stating the grounds for the motion and the relief sought. The
				  motion shall be served upon all parties and on any person against whom
				  sanctions are being sought. If the presiding Administrative Law Judge imposes
				  sanctions, it shall do so, after notice and a hearing, in a written order,
				  making findings of fact supported by substantial evidence and conclusions of
				  law.
Authority
				  G.S.
				  7A-751(a);
				  150B-23.1;
Eff.
				  February 1, 1994;
Amended Eff. October 1, 2009; April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0200 - MEDIATION SETTLEMENT CONFERENCE › Section 03 .0206 - AUTHORITY AND DUTIES OF MEDIATORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Authority of Mediator.
(1) Control of
				Conference. The mediator shall at all times be in control of the conference and
				the procedures to be followed.
(2)
				Private Consultation. The mediator may communicate privately with any
				participant or counsel prior to and during the conference. The fact that
				private communications have occurred with a participant shall be disclosed to
				all other participants at the beginning of the conference.
(3) Scheduling the Conference. The mediator
				shall make a good faith effort to schedule the conference at a time that is
				convenient with the participants, attorneys and mediator. In the absence of
				agreement, the mediator shall select the date for the conference.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0200 - MEDIATION SETTLEMENT CONFERENCE › Section 03 .0208 - MEDIATOR

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of this Section the term "certified mediator"
				  shall mean a person who is currently certified as a mediator by the
				  Administrative Office of the Courts pursuant to Rule 8 of Rules of the North
				  Carolina Supreme Court Implementing Statewide Mediated Settlement Conferences
				  in Superior Court Civil Actions, 329 N.C. 795, effective December 1, 1993 and
				  as may be subsequently amended.
Authority
				  G.S.
				  7A-751(a);
				  150B-23.1;
Eff.
				  February 1, 1994;
Amended Eff. April 1, 2001;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0300 - EXPEDITED HEARING PROCEDURES FOR COMPLEX CONTESTED CASES › Section 03 .0301-.0305 - ORDER DESIGNATING COMPLEX CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150B-31(b);
Eff.
				  April 1, 1997;
Repealed Eff. November 1,
				  2012.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0400 - SIMPLIFIED PROCEDURES FOR MEDICAID APPLICANT AND RECIPIENT APPEALS › Section 03 .0401 - MEDICAID HEARING PROCEDURES RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules in 26 NCAC 03 .0100 apply to
				contested Medicaid cases commenced by Medicaid applicants or recipients under
				S.L. 2008-107, s. 10.15A.(h1) as rewritten by S.L. 2008-118, s. 3.13 except:
(1)
										26 NCAC 03 .0101(b);
(2)
										26 NCAC 03 .0102(a)(3), (b) -
				(e);
(3)
										26 NCAC 03
				.0103(a);
(4)
										26 NCAC 03
				.0104;
(5)
										26 NCAC 03
				.0106(b);
(6)
										26 NCAC 03
				.0107;
(7)
										26 NCAC 03
				.0108;
(8)
										26 NCAC 03
				.0112;
(9)
										26 NCAC 03
				.0115;
(10)
										26 NCAC 03
				.0117;
(11)
										26 NCAC 03
				.0118;
(12)
										26 NCAC 03
				.0120(e);
(13)
										26 NCAC 03
				.0123;
(14)
										26 NCAC 03 .0125;
				and
(15)
										26 NCAC 03
				.0127(a).
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0400 - SIMPLIFIED PROCEDURES FOR MEDICAID APPLICANT AND RECIPIENT APPEALS › Section 03 .0402 - MEDIATION SETTLEMENT CONFERENCE RULES

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in
				  26 NCAC
				  03 .0200 do not apply to contested Medicaid
				  cases commenced by Medicaid applicants or recipients under S.L. 2008-107, s.
				  10.15A.(h1) as rewritten by S.L. 2008-118, s. 3.13.
Authority
				  G.S.
				  7A-751(a); S.L. 2008-107, s.
				  10.15A.(h1) as rewritten by S.L. 2008-118, s. 3.13;
Temporary
				  Adoption Eff. December 2, 2008;
Eff. August 1, 2009;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0500 - ELECTRONIC FILING › Section 03 .0501 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions contained in
				  G.S.
				  150B-23.3, the following definitions apply to
				  the rules in this Section:
(1)
				"Electronic filing" or "filed electronically" means the electronic transmission
				of the petition, notice of hearing, pleadings, or any other documents filed in
				a contested case with the Office of Administrative Hearings by uploading to the
				case docket using the OAH electronic filing system (e-OAH) accessed through a
				link on the OAH website at www.ncoah.com.
(2) "Electronic Filing Service Provider
				(EFSP)" means the service provided by the Office of Administrative Hearings for
				electronic filing and electronic service of documents by way of the Internet
				accessed through a link on the OAH website at www.ncoah.com.
(3) "Electronic signature" or "signed
				electronically" means a graphic version of the e-OAH user's signature or "s/"
				followed by the e-OAH user's typewritten name. This shall be the legal
				equivalent of the e-OAH user's handwritten signature.
(4) "Electronic service" or "served
				electronically" means the electronic transmission of the petition, notice of
				hearing, pleadings, or any other documents filed in a contested case with the
				Office of Administrative Hearings to an attorney, mediator, or party by means
				of the Electronic Filing Service Provider.
(5) "Filed" means received by the chief
				hearings clerk of the Office of Administrative Hearings in e-OAH.
Authority
				  G.S.
				  7A-750;
				  150B-23;
				  150B-23.3;
Eff.
				  March 1, 2016;
Amended Eff. October 1,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0500 - ELECTRONIC FILING › Section 03 .0503 - REGISTRANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Only attorneys, mediators, and other parties associated with
				  a contested case docket shall be permitted to register with
				  e-OAH.
Authority
				  G.S.
				  7A-750;
				  150B-23;
				  150B-23.3;
Eff.
				  March 1, 2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0500 - ELECTRONIC FILING › Section 03 .0504 - INTEGRATION WITH OTHER RULES

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section are intended to supplement the
				  other rules in this Chapter. In the event of a conflict, the rules in this
				  Section shall control with respect to contested cases filed in
				  e-OAH.
Authority
				  G.S.
				  7A-750;
				  150B-23.3;
Eff.
				  March 1, 2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 04 - CIVIL RIGHTS DIVISION › Section .0100 - GENERAL › Section 04 .0101 - INTRODUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
The Civil Rights Division shall investigate all charges filed
				  under G.S. 7A-759 and deferred charges
				  from the Equal Employment Opportunity Commission in accordance with the Federal
				  regulations implementing Title VII of the Civil Rights Act of 1964, the Age
				  Discrimination in Employment Act, and the Americans with Disabilities Act which
				  are published in 29 C.F.R., Parts 1600 through 1699, and are hereby
				  incorporated by reference to include subsequent amendments. Copies of 29
				  C.F.R., Parts 1600 through 1699 are available at no cost from the Government
				  Printing Office website at www.gpoaccess.gov.
Authority
				  G.S.
				  7A-751;
				  7A-759;
Filed as a
				  Temporary Rule Eff. October 15, 1986 for a period of 120 days to expire on
				  February 11, 1987;
Eff. February 1, 1987;
Amended Eff.
				  July 1, 1989;
Temporary Amendment Eff. January 1, 1998;
Amended Eff. November 1, 2012; August 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 04 - CIVIL RIGHTS DIVISION › Section .0100 - GENERAL › Section 04 .0102 - CONTENT AND PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				wishing to file a complaint of alleged employment discrimination under
				G.S.
				7A-759 with the Civil Rights Division shall
				complete the preliminary intake form found at www.ncoah.com; or submit the
				complaint in writing or by telephone to:
Director of Civil Rights Division
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
(984) 236-1850
(b) The complaint shall include the following
				information:
(1) The full name, address,
				telephone number (work and home), and email address of person making the
				complaint;
(2) The full name and
				address of the person or agency against whom the complaint is made (the
				respondent);
(3) A statement of the
				alleged employment discrimination including pertinent dates;
(4) A statement of the specific employment
				issues (e.g. discharge, discipline, promotion) including the name and job title
				of the decision maker;
(5) A
				statement of the act, policy or practice which is alleged to be
				unlawful;
(6) For each act, policy
				or practice alleged, a statement of the facts which lead the person to believe
				the act, policy or practice is discriminatory; and
(7) The approximate number of employees of
				the respondent employer.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 04 - CIVIL RIGHTS DIVISION › Section .0100 - GENERAL › Section 04 .0103 - NOTIFICATION OF INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				When a charge of employment discrimination is filed, the Civil Rights Division
				shall notify the charging party and respondent that an investigation will
				commence. Notice shall be served by registered U.S. mail.
(b) Any correspondence related to a charge
				must include the name of the charging party and the respondent and the Civil
				Rights Division's charge number and be submitted to:
Director of Civil Rights Division
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Authority
				  G.S.
				  7A-759;
Temporary Rule Eff.
				  October 15, 1986 for a Period of 120 Days to Expire on February 11,
				  1987;
Eff. February 1, 1987;
Amended Eff. November 1,
				  2012; December 1, 1999; April 1, 1991; April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 04 - CIVIL RIGHTS DIVISION › Section .0100 - GENERAL › Section 04 .0104-.0105

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  7A-759;
				  150B-11;
Temporary
				  Rule Eff. October 15, 1986 For a Period of 120 Days to Expire on February 11,
				  1987;
Eff. February 1, 1987;
Amended Eff. December 1,
				  1999; April 1, 1991; April 1, 1989;
Repealed Eff. November 1,
				  2012.