reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0200 - CODIFICATION OF RULES › Section 02C .0203 - SUBCHAPTER SUBDIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An agency may
				  use the subchapter to divide chapters into subject areas.
(b) When subdividing a chapter into
				  subchapters, an agency shall subdivide the entire chapter into at least two
				  subchapters.
(c) A subchapter of
				  the Code shall be represented by a capital letter following the chapter number.
				  Subchapters shall be lettered consecutively unless a subchapter letter has been
				  reserved.
Authority
					 G.S.
					 150B-21.18;
					 150B-21.19;
Temporary Adoption Eff. November 1, 1995;
Eff. April 1,
					 1996;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0200 - CODIFICATION OF RULES › Section 02C .0204 - SECTION SUBDIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall place rules in the same subject area in one section. The section is the
				  subdivision that contains rules.
(b) All sections shall be represented as the
				  first two digits of a four digit number following a decimal. Sections shall be
				  consecutive starting with Section .0100 unless a section number has been
				  reserved. There is a limit of 99 sections within any chapter or
				  subchapter.
Authority
					 G.S.
					 150B-21.18;
					 150B-21.19;
Temporary Adoption Eff. November 1, 1995;
Eff. April 1,
					 1996;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0200 - CODIFICATION OF RULES › Section 02C .0205 - RULE

Current through Register Vol. 39, No. 2, July 15, 2024
The rule shall be represented by the second two digits of
					 the four numbers following a decimal. Rules shall be numbered consecutively
					 unless a rule number has been reserved. The last two digits of the first rule
					 shall be "01".
Authority
					 G.S.
					 150B-21.18;
					 150B-21.19;
Temporary Adoption Eff. November 1, 1995;
Eff. April 1,
					 1996;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0200 - CODIFICATION OF RULES › Section 02C .0206 - RULE SUBDIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For rules
				  adopted by an agency prior to July 1, 2004, an agency shall subdivide a rule
				  containing more than one idea into paragraphs labeled: (a), (b), (c), .... Any
				  subdivided paragraphs shall be labeled: (1), (2), (3), ...; (A), (B), (C), ...;
				  (i), (ii), (iii), ...; (I), (II), (III), .... All subdivisions of rules shall
				  be represented by this order, and each label shall be in parentheses.
(b) For rules adopted by an agency on or
				  after July 1, 2004, an agency shall subdivide a rule containing more than one
				  idea into paragraphs labeled: (a), (b), (c), .... Any subdivided paragraphs
				  shall be labeled: (1), (2), (3), ...; (A), (B), (C), .. All subdivisions of
				  rules shall be represented by this order, and each label shall be in
				  parentheses.
Authority
					 G.S.
					 150B-21.18;
					 150B-21.19;
Temporary Adoption Eff. November 1, 1995;
Eff. April 1,
					 1996;
Amended Eff. April 1, 2004;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0200 - CODIFICATION OF RULES › Section 02C .0207 - LISTING WITHIN RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For a rule
				  adopted by an agency prior to July 1, 2004, when the rule is not subdivided
				  into paragraphs but contains a list, the sequence of labels for the lists shall
				  be: (1), (2), (3), ...; (a), (b), (c), ...; (i), (ii), (iii), ...; (A), (B),
				  (C), ...; (I), (II), (III), ....
(b) For a rule adopted by an agency on or
				  after July 1, 2004, when the rule is not subdivided into paragraphs but
				  contains a list, the sequence of labels for the lists shall be: (1), (2), (3),
				  ...; (a), (b), (c), ...; (i), (ii), (iii),..
(c) A rule shall not begin with a list. A
				  list contained within a rule shall be preceded by some form of introductory
				  material.
(d) If there is a list
				  within a paragraph, the rule shall follow the sequence in Rule .0206 of this
				  Section.
Authority
					 G.S.
					 150B-21.18;
					 150B-21.19;
Temporary Adoption Eff. November 1, 1995;
Eff. April 1,
					 1996;
Amended Eff. April 1, 2004;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0300 - THE NORTH CAROLINA REGISTER › Section 02C .0301 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section set forth the filing requirements
					 for rules submitted for publication in the North Carolina Register. The agency
					 shall also comply with the requirements set out in Sections .0100 and .0200 of
					 this Subchapter.
Authority
					 G.S.
					 150B-21.17;
					 150B-21.18;
					 150B-21.19;
Eff.
					 April 1, 1996;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0300 - THE NORTH CAROLINA REGISTER › Section 02C .0302 - SUBMISSION AND PUBLICATION SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Submissions for publication in the Register shall be received in OAH by the
				  closing date for the issue as determined under Paragraph (b) of this
				  Rule.
(b) OAH shall publish the
				  Register on the first and fifteenth of each month if the first or fifteenth of
				  the month is not a Saturday, Sunday, or State holiday for employees mandated by
				  the State Personnel Commission. If the first or fifteenth of any month is a
				  Saturday, Sunday, or a holiday for State employees, OAH shall publish the
				  Register on the next State business day. The last day for filing for any issue
				  of the Register shall be 15 days before the issue date excluding Saturdays,
				  Sundays, and holidays for State employees. In computing the time prescribed or
				  allowed by this Rule, the day of publication of the Register shall not be
				  included. The last day of the period so computed shall be included, unless it
				  is a Saturday, Sunday, or State holiday, in which event the period shall run
				  until the preceding day which is not a Saturday, Sunday, or State holiday. OAH
				  shall publish in each issue of the Register a table of publication deadlines
				  and schedules for at least the next 12 issues. This table is published as a
				  public service and the computation of time periods are not to be deemed binding
				  or controlling.
Authority
					 G.S.
					 150B-21.17;
Temporary Adoption
					 Eff. November 1, 1995;
Eff. April 1, 1996;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0300 - THE NORTH CAROLINA REGISTER › Section 02C .0303 - AVAILABILITY OF THE NORTH CAROLINA REGISTER

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  A print subscription to the Register is available from LexisNexis Matthew
				  Bender and may be ordered directly from LexisNexis by calling 1-800-833-9844,
				  ordering from the online store at www.lexisnexis.com/bookstorelink/, or by
				  writing to LexisNexis Matthew Bender, Order Fulfillment, 1275 Broadway, Albany,
				  NY 12204.
(b) The Register is
				  available at no charge on the OAH website: http://www.ncoah.coma
Authority
					 G.S.
					 150B-21.25;
Temporary Adoption
					 Eff. November 1, 1995;
Eff. April 1, 1996;
Amended Eff.
					 August 1, 2000; December 1, 1999;
Temporary Amendment Eff. January
					 1, 2003;
Amended Eff. November 1, 2007; August 1, 2004;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0300 - THE NORTH CAROLINA REGISTER › Section 02C .0304-.0305

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-21.17;
Temporary Adoption
					 Eff. November 1, 1995;
Eff. April 1, 1996;
Temporary
					 Amendment Eff. January 1, 2003(Rule .0305);
Temporary Repeal Eff.
					 July 1, 2003;
Repealed Eff. April 1,
					 2004.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0300 - THE NORTH CAROLINA REGISTER › Section 02C .0306 - PUBLICATION OF NOTICE OF TEXT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The agency shall submit its Notice of Text on an OAH Notice of Text form. If
				  the information contained in the notice exceeds the space provided on the form,
				  the agency shall also submit an electronic version of the
				  information.
(b) All rules
				  submitted for publication by an agency at the same time, with the same proposed
				  effective date, and with the same public hearing date and location if a hearing
				  is scheduled, shall be listed on a single form.
(c) The agency shall submit the text of the
				  proposed rule and an electronic version of the rule (Rule .0105 of this
				  Subchapter).
(d) A rule proposed to
				  be adopted or amended shall meet the following requirements:
(1) The rule shall contain an introductory
				  statement immediately preceding the text. The statement shall contain the rule
				  citation and the action proposed to be taken.
(2) Following the introductory statement, the
				  rule number, name, text and history note shall be in the form specified in Rule
				  26 NCAC
				  02C .0108.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0300 - THE NORTH CAROLINA REGISTER › Section 02C .0307 - OTHER NOTICES FOR PUBLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
OAH may publish any document or notice that is not
					 statutorily required if an agency submits a written request. Factors OAH shall
					 use in determining whether to grant the request are:
(1) degree of disruption to OAH publication
				  and work schedule; and
(2) degree
				  of benefit to the public.
Authority
					 G.S.
					 150B-21.17(6);
					 150B-19(5)(a);
					 150B-21.25;
Eff.
					 April 1, 1997;
Amended Eff. November 1, 2007;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0300 - THE NORTH CAROLINA REGISTER › Section 02C .0308 - ELECTRONIC FILING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An agency may
				  file rules and other documents for publication in the Register by email. The
				  email shall include an attached document(s) prepared and sent as set out in
				  Rule .0105 of this Subchapter.
(b)
				  The agency shall simultaneously send a facsimile (fax) copy of the
				  attachment(s).
(c) Electronic
				  submission shall be deemed submitted for publication pursuant to
				  26 NCAC
				  02C .0302 on the business day when both the
				  email with attachment(s) and the faxed copy are received.
Authority
					 G.S.
					 150B-21.17;
Eff. January 1,
					 2006;
Amended Eff. June 1, 2011; May 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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0400 - NORTH CAROLINA ADMINISTRATIVE CODE › Section 02C .0401 - SCOPE AND AVAILABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules in
				  this Section set forth the requirements for submitting rules for inclusion in
				  the Code. The agency shall also comply with the requirements in Sections .0100
				  - .0200 of this Subchapter.
(b)
				  These Rules apply to agencies subject to G.S. 150B, Article 2A, as well as
				  those agencies subject to
				  G.S.
				  150B-21.21(a) and
				  (b).
(c) The Official North Carolina
				  Administrative Code is available by subscription from Thomson Reuters and may
				  be ordered directly from a Thomson Reuters representative by calling
				  1-800-328-9352, online at
http://www.thomsonreuters.com
,or by
				  writing to Thomson Reuters, 610 Opperman Drive, Eagan, MN 55123.
(d) The North Carolina Administrative Code is
				  available on the OAH website:
http://www.oah.state.nc.us
Authority
					 G.S.
					 150B-21.17;
					 150B-21.18;
					 150B-21.19;
Eff.
					 April 1, 1996;
Amended Eff. October 1, 2008; December 1, 2002;
					 April 1, 1997;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0400 - NORTH CAROLINA ADMINISTRATIVE CODE › Section 02C .0402 - PUBLICATION OF A PERMANENT RULE

Current through Register Vol. 39, No. 2, July 15, 2024
An agency must submit a permanent rule for publication in
					 the Code with the following:
(1) An
				  original submission form and copy (Rule .0403 of this Section).
(2) If applicable, a letter delegating
				  authority for the signature on the submission form (Rule .0113 of this
				  Subchapter).
(3) An original and
				  copies of the permanent rule (Rule .0103 of this Subchapter) prepared in
				  accordance with Rule .0108 of this Subchapter containing:
(a) an introductory statement (Rule .0404 of
				  this Section);
(b) the body of the
				  rule (Rule .0405 of this Section);
(c) any changes in the rule (Rule .0405 of
				  this Section);
(d) the history note
				  (Rule .0406 of this Section).
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0400 - NORTH CAROLINA ADMINISTRATIVE CODE › Section 02C .0403 - SUBMISSION FOR PERMANENT RULE FORM

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  An agency shall submit a completed typed Submission for Permanent Rule form for
				  each rule submitted for publication in the Code, except that the agency shall
				  submit a single Submission for Permanent Rule form for all repealed rules that
				  are codified within the same chapter.
(b) The agency head or rule-making
				  coordinator shall sign the Submission for Permanent Rule form.
Authority
					 G.S.
					 150B-21.19;
Temporary Adoption
					 Eff. November 1, 1995;
Eff. April 1, 1996;
Amended Eff.
					 April 1, 2004; 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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0400 - NORTH CAROLINA ADMINISTRATIVE CODE › Section 02C .0404 - INTRODUCTORY STATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall include an introductory statement immediately preceding each rule
				  submitted to OAH for publication in the Code. This introductory statement shall
				  contain the rule citation and the action taken.
(b) If notice of the proposed action was
				  published in the Register, the agency shall include the volume, issue and page
				  or pages of the notice publication in the introductory statement.
(c) If the text differs in any way from the
				  proposed rule published in the Register, the agency shall include the
				  underlined words "with changes" in the introductory statement.
(d) When an agency repeals a rule that was
				  noticed to be amended, the agency shall state that the rule was originally
				  proposed to be amended but is repealed in the introductory statement.
(e) If notice of the proposed rule was not
				  required for publication in the Register, the agency shall include a citation
				  to the statute exempting the rule from notice in the introductory
				  statement.
Authority
					 G.S.
					 150B-21.19;
Temporary Adoption
					 Eff. November 1, 1995;
Eff. April 1, 1996;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0400 - NORTH CAROLINA ADMINISTRATIVE CODE › Section 02C .0405 - BODY OF THE RULE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An agency shall
				  prepare for publication in the Code any permanent rule not published in the
				  Register or that does not differ in any way from the proposed rule published in
				  the Register according to the general format instructions in Rule .0108 of this
				  Subchapter.
(b) If a permanent rule
				  differs in any way from the proposed rule published in the Register, the
				  following applies:
(1) An agency shall
				  identify changes in an adopted rule by striking through deleted portions, and
				  underlining added portions. The unchanged text shall not be
				  underlined.
(2) An agency shall
				  identify changes in an amended rule as follows:
(A) when text has been added, the text added
				  shall be underlined and highlighted;
(B) when existing text has been deleted, the
				  text deleted shall be struck through and highlighted;
(C) when text that was proposed to be deleted
				  has been restored, the restored text shall be highlighted, but not underlined
				  or struck through;
(D) when text
				  that was proposed to be added has been deleted, the deleted proposed text shall
				  be enclosed in brackets, struck through and highlighted; and
(E) when text is required to be highlighted,
				  the highlighting shall be by highlight marker or shall be computer generated.
				  The text shall show through the highlight and be clear and legible when
				  reproduced.
(3) If the
				  agency repeals a rule originally noticed to be amended, then the agency shall
				  submit the rule as a permanent repeal.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0400 - NORTH CAROLINA ADMINISTRATIVE CODE › Section 02C .0406 - HISTORY NOTE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An agency shall
				  include a history note for each rule submitted to the OAH for publication in
				  the Code, containing the following information:
(1) the authority for the rule;
(2) the effective date of the adoption of the
				  rule;
(3) the effective date of the
				  amendments to the rule including the proposed amendment listed in chronological
				  order with the proposed amendment first;
(4) the effective date of the repeal;
				  and
(5) any other history
				  references pertaining to the rule.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0400 - NORTH CAROLINA ADMINISTRATIVE CODE › Section 02C .0407 - CHANGES TO RULE, SECTION OR CHAPTER NAMES AND HISTORY NOTES

Current through Register Vol. 39, No. 2, July 15, 2024
An agency may change the name of a rule, section or chapter
					 and to a history note by notifying OAH in writing. This letter shall cite the
					 rule, identify the changes, and be signed by the agency head or rule-making
					 coordinator.
Authority
					 G.S.
					 150B-21.19;
					 150B-21.20;
Temporary Adoption Eff. November 1, 1995;
Eff. April 1,
					 1996;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0400 - NORTH CAROLINA ADMINISTRATIVE CODE › Section 02C .0408 - RECODIFICATION OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
An agency may request that one or more of its rules be
					 recodified. The agency shall submit a letter to OAH containing the citation to
					 the existing rule and the recodified citation, and the reasons for the
					 recodification. The letter shall be signed by the agency head or rule-making
					 coordinator. The recodification shall be effective upon approval by OAH. OAH
					 may refuse to approve a recodification when the recodification does not
					 facilitate the use of the Code.
Authority
					 G.S.
					 150B-21.7;
					 150B-21.18;
					 150B-21.19;
					 150B-21.20;
Temporary Adoption Eff. November 1, 1995;
Eff. April 1,
					 1996;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0400 - NORTH CAROLINA ADMINISTRATIVE CODE › Section 02C .0409 - TRANSFER OF RULES TO ANOTHER AGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
An agency desiring to transfer rules pursuant to
					 G.S.
					 150B-21.7 shall submit a letter to OAH
					 requesting such transfer. The letter shall contain the citation to the existing
					 rule, the recodified citation, and the authority for the transfer. The letter
					 shall be signed by the agency head or rule-making
					 coordinator.
Authority
					 G.S.
					 150B-21.7;
					 150B-21.18;
					 150B-21.19;
Temporary Adoption Eff. November 1, 1995;
Eff. April 1,
					 1996;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0400 - NORTH CAROLINA ADMINISTRATIVE CODE › Section 02C .0410 - REPEALED - AGENCY FINAL COPY OF PERMANENT RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-21.5;
					 150B-21.20;
Temporary Adoption Eff. November 1, 1995;
Eff. April 1,
					 1996;
Temporary Repeal Eff. January 1, 2003;
Repealed
					 Eff. August 1, 2004.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0500 - TEMPORARY RULES › Section 02C .0501 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
An agency submitting temporary rules to be published in the
					 Register and Code shall comply with the requirements in Sections .0100 through
					 .0500 of this Subchapter.
Authority
					 G.S.
					 150B-21.17;
					 150B-21.18;
					 150B-21.19;
Eff.
					 April 1, 1996;
Temporary Amendment Eff. July 1, 2003;
Amended Eff. April 1, 2004;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0500 - TEMPORARY RULES › Section 02C .0502 - PUBLICATION OF A TEMPORARY RULE

Current through Register Vol. 39, No. 2, July 15, 2024
An agency shall submit each temporary rule for publication
					 in the Code with the following:
(1) An
				  original Temporary Rulemaking Findings of Need form and copies (Rule .0503 of
				  this Section).
(2) If applicable, a
				  letter delegating the authority for the signature on the form (Rule .0113 of
				  this Subchapter).
(3) An original
				  and copies of the temporary rule (Rule .0103 of this Subchapter) prepared in
				  accordance with Rule .0108 of this Subchapter, containing:
(a) an introductory statement (Rule .0404 of
				  this Subchapter);
(b) the body of
				  the rule (Rule .0405 of this Subchapter);
(c) the history note (Rule .0406 of this
				  Subchapter).
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0500 - TEMPORARY RULES › Section 02C .0503 - TEMPORARY RULEMAKING FINDINGS OF NEED FORM

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  An agency shall submit a completed typed original Temporary Rulemaking Findings
				  of Need form and two copies for a rule to be submitted for publication in the
				  Code.
(b) The agency head shall
				  sign the original form. If the agency head has delegated this authority to
				  another pursuant to
				  G.S.
				  143B-10(a), then the agency
				  shall submit a copy of the delegation.
Authority
					 G.S.
					 150B-21.19;
Temporary Adoption
					 Eff. November 1, 1995;
Eff. April 1, 1996;
Temporary
					 Amendment Eff. July 1, 2003;
Amended Eff. April 1,
					 2004;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0500 - TEMPORARY RULES › Section 02C .0504 - REPEALED - APPEARANCE BY AGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-21.1;
Temporary Adoption
					 Eff. November 1, 1995;
Eff. April 1, 1996;
Temporary
					 Repeal Eff. July 1, 2003;
Repealed Eff. April 1,
					 2004.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0600 - EMERGENCY RULES › Section 02C .0601 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
An agency submitting emergency rules to be reviewed by the
					 Codifier, and for publication in the Register and Code, shall comply with the
					 requirements in Sections .0100 through .0400 of this Subchapter and this
					 Section.
Authority
					 G.S.
					 150B-21.17;
					 150B-21.18;
					 150B-21.19;
Temporary Adoption Eff. July 1, 2003;
Eff. April 1,
					 2004;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0600 - EMERGENCY RULES › Section 02C .0602 - PUBLICATION OF AN EMERGENCY RULE

Current through Register Vol. 39, No. 2, July 15, 2024
An agency shall submit an emergency rule for review by the
					 OAH and publication in the Register and the Code with the following:
(1) An original Emergency Rule Findings of
				  Need form and copy (Rule .0603 of this Section).
(2) If applicable, a letter delegating the
				  authority for the signature on the form (Rule .0113 of this
				  Subchapter).
(3) An original and
				  copies of the emergency rule (Rule .0103 of this Subchapter) prepared in
				  accordance with Rule .0108 of this Subchapter, containing:
(a) an introductory statement (Rule .0404 of
				  this Subchapter);
(b) the body of
				  the rule (Rule .0405 of this Subchapter);
(c) the history note (Rule .0406 of this
				  Subchapter).
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0600 - EMERGENCY RULES › Section 02C .0603 - EMERGENCY RULE FINDINGS OF NEED FORM

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  An agency shall submit a completed typed Emergency Rule Findings of Need form
				  for a rule to be submitted for publication in the Code. The agency shall submit
				  a single Emergency Rule Findings of Need form for emergency rules when:
(1) the rules are codified within the same
				  chapter in the Code;
(2) the
				  finding for the action is the same;
(3) the proposed effective date is the same;
				  and
(4) the rules are submitted at
				  the same time for review by the Codifier of Rules.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0600 - EMERGENCY RULES › Section 02C .0604 - APPEARANCE BY AGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
The Codifier may request that a representative of an agency
					 appear before him during the review to clarify the agency's findings of need,
					 to provide additional information, or to answer questions of any interested
					 person.
Authority
					 G.S.
					 150B-21.1A;
Temporary Adoption
					 Eff. July 1, 2003;
Eff. April 1, 2004;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0700 - PUBLICATION ON THE OAH WEBSITE › Section 02C .0701 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
An agency submitting rules that are required by state or
					 federal law to be published on the OAH website shall comply with the
					 requirements in Sections .0100 through .0400 and this
					 Section.
Authority
					 G.S.
					 150B-21.1;
Temporary Adoption
					 Eff. July 1, 2003;
Eff. April 1, 2004;
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 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0700 - PUBLICATION ON THE OAH WEBSITE › Section 02C .0702 - PUBLICATION OF A RULE ON THE OAH WEBSITE

Current through Register Vol. 39, No. 2, July 15, 2024
An agency shall submit a rule to be published on the OAH
					 website with the following:
(1) An
				  original Publication on the OAH Website form and copy (Rule .0703 of this
				  Section).
(2) If applicable, a
				  letter delegating authority for the signature on the form (Rule .0113 of this
				  Subchapter).
(3) An original and
				  copies of the rule (Rule .0103 of this Subchapter) prepared in accordance with
				  Rule .0108 of this Subchapter, containing:
(a)
				  an introductory statement (Rule .0404 of this Subchapter);
(b) the body of the rule (Rule .0405 of this
				  Subchapter);
(c) the history note
				  (Rule .0406 of this Subchapter).
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 02 - RULES DIVISION › Subchapter C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE › Section .0700 - PUBLICATION ON THE OAH WEBSITE › Section 02C .0703 - PUBLICATION FORM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An agency shall
				  submit a completed typed Publication on the OAH Website form for a rule to be
				  submitted for publication in the OAH website.
(b) Except as specified in Paragraph (c) of
				  this Rule, the agency shall submit a single form for each permanent rule
				  submitted for publication.
(c) The
				  agency shall submit a single form for proposed temporary rules when:
(1) the rules are codified in the same
				  chapter in the Code;
(2) the rules
				  are scheduled for the same public hearing(s); and
(3) the comment period is the same.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0101 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Rules of
				Civil Procedure as contained in
				G.S.
				1A-1 and the General Rules of Practice for
				the Superior and District Courts as authorized by
				G.S.
				7A-34 and found in the Rules Volume of the
				North Carolina General Statutes shall apply in contested cases in the Office of
				Administrative Hearings (OAH) unless another specific statute or rule of the
				Office of Administrative Hearings provides otherwise.
(b) The Office of Administrative Hearings
				shall permit the filing of contested case documents and other pleadings in the
				OAH electronic filing system (e-OAH), by facsimile (fax), or by electronic mail
				with an attached file either in PDF format or a document compatible with the
				most recent version of Microsoft Word. Faxed documents shall be sent to: (984)
				236-1871. Electronic mail with attached file shall be sent by electronic
				transmission to: oah.clerks@oah.nc.gov. The faxed documents or electronic mail
				with attached file shall be deemed a "filing" within the meaning of
				26 NCAC
				03 .0102(a)(2) provided the
				original signed filing and the appropriate filing fee (if a fee is required by
				G.S.
				150B-23.2) are received by OAH within seven
				business days following the transmission of the faxed documents or electronic
				mail with attached file. Electronic mail without an attached file as specified
				in this Paragraph shall not constitute a valid filing with the Office of
				Administrative Hearings.
(c) Every
				pleading and other documents filed with OAH shall be signed by the attorney,
				mediator, or other party who prepared the document, and shall contain the
				preparer's name, mailing address, electronic mail address, and telephone
				number. Documents prepared by an attorney shall have the attorney's North
				Carolina State Bar number.
(d)
				Except as otherwise provided by statutes or by rules adopted under
				G.S.
				150B-38(h), the rules
				contained in this Chapter shall govern the conduct of contested case hearings
				under G.S. 150B-40 when an
				Administrative Law Judge has been assigned to preside in the contested
				case.
Authority
				  G.S.
				  7A-750;
				  7A-751(a);
				  150B-23.2;
				  150B-23.3;
				  150B-40(c);
Eff. August 1, 1986;
Amended Eff. May 1, 2009; January 1, 2006;
				  April 1, 2004; April 1, 2001; August 1, 2000; February 1, 1994; July 1, 1992;
				  May 1, 1989; January 1, 1989;
Emergency Amendment Eff. October 1,
				  2009;
Temporary Amendment Eff. December 1, 2009;
Amended Eff. October 1, 2010;
Temporary Amendment Eff. January 1,
				  2012;
Amended Eff. March 1, 2016; November 1, 2012;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23, 2016;
Amended Eff.
				  October 1, 2022.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0102 - DEFINITIONS AND CONSTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The definitions contained in
				G.S.
				150B-2 are incorporated herein by reference.
				In addition, the following definitions apply:
(1) "Chief Administrative Law Judge" means
				the person appointed according to
				G.S.
				7A-752.
(2) "File" or "Filing" means:
(A) to place the paper or item to be filed
				into the care and custody of the chief hearings clerk of the Office of
				Administrative Hearings, and acceptance thereof by the clerk, except that when
				a party submits a document for filing to the administrative law judge during
				the course of a contested case hearing and the filing is accepted by the
				administrative law judge, the judge shall note thereon the filing date. All
				documents filed with the Office of Administrative Hearings, except exhibits,
				shall be in letter size 8 1/2" by 11"; or
(B) electronic filing as defined in
				26 NCAC
				03 .0501(1).
(3) "Service" or "Serve" means:
(A) delivery by electronic mail with an
				attached file in a format that is readily accessible to the
				recipient;
(B) delivery by
				facsimile (fax);
(C) personal
				delivery;
(D) delivery by first
				class United States Postal Service mail;
(E) delivery by overnight express mail
				service; or
(F) electronic service
				as defined in
				26 NCAC
				03 .0501(4).
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0103 - COMMENCEMENT OF CONTESTED CASE: NOTICE AND FILING FEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Within five days of filing a petition to
				commence a contested case, the Chief Administrative Law Judge shall assign an
				administrative law judge to the case. Within ten days of the filing of a
				petition commencing a contested case, the Chief Hearings Clerk of the Office of
				Administrative Hearings shall serve a Notice of Contested Case Filing and
				Assignment upon all who are parties to the dispute. The notice shall contain
				the following:
(1) name of case and date of
				filing;
(2) name, address, and
				telephone number of the assigned administrative law judge; and
(3) a request that the party send within 30
				days a copy of the document constituting the agency action that caused the
				filing of the petition or a written explanation of why the petitioner is a
				party or person aggrieved if a document constituting the agency action does not
				exist.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0104 - ORDER FOR PREHEARING STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The administrative law judge may serve all parties with an
				  Order for Prehearing Statements together with, or after service of, the Notice
				  of Contested Case Filing and Assignment. The parties thus served shall, within
				  30 days of service, file the requested statements setting out the party's
				  present position on the following:
(1)
				The nature of the proceeding and the issues to be resolved;
(2) A brief statement of the facts and
				reasons supporting the party's position on each matter in dispute;
(3) A list of proposed witnesses with a brief
				description of his or her proposed testimony;
(4) A description of what discovery, if any,
				the party will seek to conduct prior to the contested case hearing and an
				estimate of the time needed to complete discovery;
(5) Venue considerations;
(6) Estimation of length of the
				hearing;
(7) The name, address, and
				telephone number of the party's attorney, if any; and
(8) Other special matters.
Authority
				  G.S.
				  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 .0105 - DUTIES OF THE ADMINISTRATIVE LAW JUDGE

Current through Register Vol. 39, No. 2, July 15, 2024
In conjunction with the powers of administrative law judges
				  prescribed by
				  G.S.
				  150B-33 and
				  G.S.
				  150B-34, the administrative law judge shall
				  perform the following duties, consistent with law:
(1) Hear and rule on motions;
(2) Grant or deny continuances;
(3) Issue orders regarding prehearing
				matters, including directing the appearance of the parties at a prehearing
				conference;
(4) Examine witnesses
				when deemed necessary to make a complete record and to aid in the full
				development of material facts in the case;
(5) Make preliminary, interlocutory, or other
				orders as deemed appropriate;
(6)
				Grant dismissal when the case or any part thereof has become moot or for other
				reasons;
(7) Order the State of
				North Carolina, when it is the losing party as determined by the presiding
				Administrative Law Judge, to reimburse the filing fee to the petitioner;
				and
(8) Apply sanctions in
				accordance with Rule .0114 of this Section.
Authority
				  G.S.
				  7A-751(a);
				  8C-1, Rule 614; 150B-23.2;
				  150B-33; 150B-34;
Eff. August 1, 1986;
Amended Eff.
				  April 1, 2001; February 1, 1994; November 1, 1987;
Emergency
				  Amendment Eff. October 1, 2009;
Temporary Amendment Eff. December
				  1, 2009;
Amended Eff. October 1, 2010;
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 .0100 - HEARING PROCEDURES › Section 03 .0106 - CONSENT ORDER: SETTLEMENT: STIPULATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Informal disposition may be made of a contested case or an issue in a contested
				case by stipulation, agreement, or consent order at any time during the
				proceedings. Parties may enter into such agreements on their own or may ask for
				a settlement conference with an administrative law judge to promote consensual
				disposition of the case.
(b) If an
				agency enters into a settlement agreement after the commencement of a contested
				case, the agency shall file a copy of the settlement agreement with OAH. The
				settlement agreement shall be included in the official record of the contested
				case consistent with G.S. 132-1.3.
Authority
				  G.S.
				  150B-31(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.