North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0100 - HEARING PROCEDURES › Section 03 .0120 - RIGHTS AND RESPONSIBILITIES OF PARTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				A party shall have all evidence to be presented, both oral and written,
				available on the date for hearing. In cases when the hearing time is expected
				to exceed one day, the parties shall be prepared to present their evidence at
				the date and time ordered by the administrative law judge or agreed upon at a
				prehearing conference.
(b) The
				administrative law judge shall send copies of all orders or decisions to all
				parties simultaneously. Any party sending a letter, exhibit, brief, memorandum,
				or other document to the administrative law judge shall simultaneously send a
				copy to all other parties.
(c) All
				parties have the continuing responsibility to notify the Office of
				Administrative Hearings of their current address and telephone
				number.
(d) A party may represent
				himself or herself or be represented by an attorney. If a party has notified
				other parties of that party's representation by an attorney, all communications
				shall be directed to that attorney.
(e) With prior notice to the administrative
				law judge, any person may offer testimony or other evidence relevant to the
				case. Any nonparty offering testimony or other evidence may be questioned by
				parties to the case and by the administrative law judge.
(f) Prior to issuing a decision, the
				administrative law judge may order any party to submit proposed findings of
				fact and written arguments.
(g) The
				Administrative Law Judge may allow remote participation via audio or video
				conference by participant(s) subject to available services at the hearing
				location. Requests for remote participation shall be made at least seven days
				in advance and are subject to equipment, staff, and scheduling
				availability.
(h) The
				administrative law judge shall not proceed to consideration of dispositive
				motions or a hearing on the merits in a contested case if an unrepresented
				party has notified the administrative law judge and the opposing party that the
				unrepresented party is seeking pro bono or reduced fee legal assistance, unless
				the administrative law judge has determined that acquisition of such legal
				assistance by the unrepresented party is improbable based on the circumstances,
				such as the failure of the unrepresented party to procure legal assistance
				after multiple attempts.
Authority
				  G.S.
				  7A-751(a);
				  150B-25;
				  150B-33;
				  150B-34;
Eff. August
				  1, 1986;
Amended Eff. October 1, 1991; April 1, 1990; November 1,
				  1987;
Recodified from Rule .0119 Eff. August 1, 2000;
Amended Eff. May 1, 2009; April 1, 2001;
Pursuant to
				  G.S.
				  150B-33(b)(9),
				  Administrative Law Judge Augustus B. Elkins, II declared Rule
				  26 NCAC
				  03 .0120(d) void as applied
				  in Abundant Life Child Care Center, Tiffany D. Monroe v. Division of Child
				  Development, June Locklear, Brenda Faircloth (08 DHR 2954);
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23, 2016;
Amended Eff. April
				  1, 2017.