North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 21 .0605 - EXCEPTIONS AND PROPOSED DECISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When
				a request for hearing has been granted and the case referred to the Office of
				Administrative Hearings and the administrative law judge has made a proposal
				for decision, each party shall do the following:
(1) file written exceptions to the proposal
				for decision, unless the party accepts the decision in its entirety. Any party
				may choose to submit alternative findings of fact and conclusions of law. Where
				a party excepts to a finding, conclusion, or recommendation and requests its
				deletion or amendment, an alternative finding, conclusion or recommendation
				shall be proposed. Exceptions and alternative findings of fact and conclusions
				of law shall be received by the Board no later than 30 calendar days after the
				receipt of the proposal for decision and accompanying evidentiary materials by
				the Board. Each exception and proposed alternative finding or conclusion shall
				specifically, separately, and in detail, set forth how the finding or
				conclusion is clearly contrary to the preponderance of the admissible evidence,
				and the specific reason(s) the Board should not adopt the administrative law
				judge's finding of fact or conclusion of law. Each exception and proposed
				alternative finding or conclusion shall also reference the specific evidence in
				the record which supports the rejection of the administrative law judge's
				finding of fact or conclusion of law, including but not limited to references
				to the testimony of witnesses and any evidentiary exhibits. Any new findings of
				fact proposed to the Board must be supported by a preponderance of the
				admissible evidence in the record. Reference must be made to the transcript of
				the hearing;
(2) file a Proposed
				Decision and Order for consideration by the Board to accompany the party's
				written exceptions. The proposed Decision and Order shall be received by the
				Board no later than 30 calendar days after the receipt of the administrative
				law judge's proposal for decision and evidentiary materials by the Board. The
				Proposed Decision and Order shall indicate separately and in detail, for each
				finding of fact to be rejected by the Board and for each alternative finding of
				fact, the reasons therefore and the supporting evidence in the record. The
				Proposed Decision and Order shall demonstrate that the decision of the
				Administrative Law Judge is clearly contrary to the preponderance of the
				admissible evidence in the record, and shall set forth its reasoning, which
				shall also describe the exercise of discretion by the Board, if any;
				and
(3) file a brief, if any, to
				accompany any filed exceptions and Proposed Decision and Order. Responsive
				briefs are not encouraged, but shall be considered if received by the Board no
				later than five days after a party's receipt of the other party's brief,
				exceptions or proposed final agency decision. Briefs shall be limited to 15
				pages in length, unless prior approval is obtained.