North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0119 - HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the District
				  First Sergeant refuses to include a wrecker service on the rotation wrecker
				  list, the wrecker service may make a written appeal to the Troop Commander or
				  designee within 20 calendar days of receipt of the decision. The Troop
				  Commander or designee shall conduct a hearing or review the record and shall
				  render a decision, in writing, within 10 calendar days of receipt of the
				  appeal. The Troop Commander or designee's decision, if unfavorable, may be
				  appealed to the Office of Administrative Hearings (OAH) within 60 calendar days
				  of receipt of the decision, pursuant to the provisions of Article 3 of G.S.
				  150B.
(b) If a District First
				  Sergeant issues a written warning to a wrecker service for a violation of any
				  of the rules in this Section, the wrecker service may, within 20 days of
				  receipt of the warning, submit a written response to the First Sergeant in
				  mitigation, explanation, or rebuttal. After considering the mitigation,
				  explanation, or rebuttal, the First Sergeant may reconsider, and remove the
				  written warning.
(c) If a District
				  First Sergeant determines that a violation of the rules in this Section has
				  occurred, and determines that removal from the rotation wrecker list may be
				  warranted, the District First Sergeant shall send written notice to the wrecker
				  service of this determination and afford the wrecker service an opportunity to
				  be heard. The hearing shall take place within 10 calendar days of actual notice
				  or, if notice is by first class mail, within 13 days of the date the notice is
				  placed in the mail. The hearing shall take place within 10 calendar days of the
				  request for hearing and not less than three days written notice. If a District
				  First Sergeant removes a wrecker service from the rotation wrecker list, the
				  wrecker service may appeal the removal to the Troop Commander or designee in
				  writing, within 20 calendar days of receipt of the notice. The Troop Commander
				  or designee, may conduct a hearing or review the record. If the Troop Commander
				  or designee decides to conduct a hearing, he or she shall give the wrecker
				  service not less than 10 calendar days notice. The Troop Commander or designee
				  shall issue a written decision within 10 calendar days of receipt of the appeal
				  or date of the hearing, whichever occurs last. The Troop Commander or
				  designee's decision, if unfavorable, may be appealed to OAH within 60 calendar
				  days, pursuant to the provisions of G.S. 150B.
(d) Hearings conducted by District First
				  Sergeants or Troop Commanders or their designees shall be informal and no party
				  shall be represented by legal counsel.
(e) A wrecker service that is removed from
				  the rotation wrecker list and later placed back on the list, for any reason,
				  shall not be entitled to additional calls, priority listing, or any other form
				  of compensation.
(f) A wrecker
				  service may remain on the rotation wrecker list pending a final decision of the
				  Troop Commander or designee. A District First Sergeant, with the concurrence of
				  the Troop Commander or designee, may, however, summarily remove a wrecker
				  service from the rotation wrecker list in those cases where there exists
				  reasonable grounds to believe a violation enumerated in
				  14B NCAC
				  07A .0116(a)(12), (a)(20),
				  or (a)(31) or any other violation relating to licensing, registration,
				  insurance requirements, or the safe and proper operation of the business or
				  that may jeopardize the public health, safety, or welfare.
Authority
					 G.S.
					 20-184;
					 20-187;
					 20-188;
					 150B-22;
Temporary
					 Adoption Eff. June 9, 2000;
Eff. April 1, 2001;
Amended
					 Eff. July 18, 2008;
Transferred from
					 14A NCAC
					 09H .0324 Eff. June 1, 2013;
Readopted Eff. January 1, 2019.