North Carolina Administrative Code

24 NCAC 02A .0103 SALE OF LOANS BY AUTHORITY The Authority may, for value received, sell all or a portion of any agricultural loan made or purchased by the Authority. History Note: Authority G.S. 122D-7; Temporary Rule Eff. November 18, 1988 For a Period of 180 Days to Expire on …

SUBCHAPTER 02B - FARM REAL ESTATE LOAN PROGRAMS 24 NCAC 02B .0101 LENDING PROCEDURES (a) The Authority will make agricultural loans to eligible borrowers to finance the acquisitions or improvement of real property from funds available to the Authority for this purpose. The Author…

24 NCAC 02B .0102 ELIGIBLE BORROWERS Eligible borrowers are applicants who demonstrate to the Authority that they satisfy the following criteria: (1) Need for an agricultural loan to finance agriculture or agribusiness; (2) Ability to repay the loan is demonstrated; (3) Collatera…

SUBCHAPTER 02C - AGRIBUSINESS LOANS 24 NCAC 02C .0101 LENDING PROCEDURE (a) The Authority will make loans to persons engaged in agribusiness for the purpose of financing agribusiness from funds available to the Authority for this purpose. (b) Each agribusiness loan shall be separ…

CHAPTER 02 – N.C. AGRICULTURAL FINANCE AUTHORITY SUBCHAPTER 02D - LARGE ANIMAL HEALTHCARE ENHANCEMENT ADVISORY COMMITTEE 24 NCAC 02D .0101 PURPOSE This Chapter describes the operating procedures for the Large Animal Healthcare Enhancement Advisory Committee and the North Carolina…

24 NCAC 02D .0102 DEFINITIONS In addition to the terms defined in Article 88 of Chapter 106 of the North Carolina General Statutes, the following terms used in this Chapter have the following meanings: (1) "Applicant" means a large animal veterinarian as defined in Article 88 of …

24 NCAC 02D .0103 EVALUATION OF APPLICATIONS (a) Applicants for funding from the fund shall submit a completed application within 60 days from the date of the public announcement of requests for proposals (the "application deadline"). (b) Applications and instructions shall be av…

24 NCAC 02D .0104 GRANT AGREEMENT (a) The advisory committee shall approve applications based on the criteria set forth by Article 88 of Chapter 106 of the North Carolina General Statutes. Once approved by the committee, a written agreement shall be executed between the grant rec…

24 NCAC 02D .0105 REPORTING (a) Grant recipients shall submit to the North Carolina Agricultural Finance Authority a written progress report within 180 days of receipt of the grant. (b) Written reports shall describe the status of the project, progress toward achieving program ob…

24 NCAC 02D .0106 RECORDS Grant recipients shall keep financial records, as defined in Rule .0102 of this Section, of the project for a period of five years, following completion of the project, or until audited. The records shall be made available to the Commissioner and the Nor…

SECTION .0100 - GENERAL PROVISIONS 24 NCAC 03 .0101 DEFINITIONS As used herein: (1) "Act" means the Occupational Safety and Health Act of North Carolina, Article 16, Chapter 95 of the General Statutes. (2) "Affected employee" means an employee of a cited employer who is exposed t…

24 NCAC 03 .0102 SCOPE OF RULES: APPLICABILITY OF NORTH CAROLINA RULES Civil Procedure. (1) The Rules of Procedure of the Safety and Health Review Board of North Carolina shall govern all proceedings before the Safety and Health Review Board of North Carolina and its hearing exam…

24 NCAC 03 .0103 USE OF GENDER AND NUMBER (a) Words importing the singular number may extend to and be applied to the plural and vice versa. (b) Words importing one gender may be applied to the other. History Note: Authority G.S. 95-135; Temporary Rule Eff. October 2, 1991 For a …

24 NCAC 03 .0104 COMPUTATION OF TIME (a) In computing any period of time prescribed or allowed in these Rules, the day from which the designated period begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, o…

24 NCAC 03 .0105 EXTENSIONS OF TIME Requests for extensions of time for the filing of any pleading or documents must be received in the Review Commission office in advance of the date on which the pleading or document is due to be filed. Such requests may be oral or in writing. O…

24 NCAC 03 .0106 RECORD ADDRESS (a) The initial pleading filed by any person shall contain that person's name, physical address and mailing address, email address, and telephone number. Any change in such information must be communicated promptly in writing to the Review Commissi…

24 NCAC 03 .0107 SERVICE AND NOTICE (a) At the time of filing pleadings or other documents, a copy thereof shall be served by the filing party or intervenor on every other party or intervenor by postage prepaid first-class or by personal delivery. For electronically-filed documen…

24 NCAC 03 .0108 FILING (a) A notice of contest under the provisions of Rule .0303 of this Chapter or under the provisions of Rule .0306 of this Chapter shall be filed with the Director who issued the citation or amended citation at the address shown thereon. (b) Unless otherwise…

24 NCAC 03 .0109 CONSOLIDATION Cases may be consolidated on the motion of any party, or on the Board's or hearing examiner's own motion where there exist common parties, common question of law or fact, or both, or in such other circumstances as justice and the administration of t…

24 NCAC 03 .0110 SEVERANCE Upon its own motion, or upon motion of any party or intervenor, the Board or the hearing examiner may, for good cause, order any proceeding severed with respect to some or all issues or parties. History Note: Authority G.S. 95-135; Temporary Rule Eff. O…

24 NCAC 03 .0111 PROTECTION OF TRADE SECRETS: CONFIDENTIAL INFORMATION (a) Any claim of privileged information shall be in writing or on the record if made at a hearing. The claim must: (1) identify the information claimed to be privileged; (2) present facts supporting the claim;…

SECTION .0200 - PARTIES AND REPRESENTATIVES 24 NCAC 03 .0201 PARTY STATUS Affected employees or their authorized employee representative may elect to participate as parties in an action concerning their employer. Such election must ordinarily be made within 30 days prior to the t…

24 NCAC 03 .0202 INTERVENTION: APPEARANCE BY NON-PARTIES (a) A petition for leave to intervene may be filed at any stage of a proceeding before a commencement of the hearing. (b) The petition shall set forth the interest of the petitioner in the proceeding and show that the parti…

24 NCAC 03 .0203 REPRESENTATION OF PARTIES AND INTERVENORS (a) Any party or intervenor may appear in person, through an attorney, through an authorized representative as defined in Rule .0101(4) of this Chapter, or through a representative as defined in Rule .0101(5) of this Chap…

SECTION .0300 - PLEADINGS AND MOTIONS 24 NCAC 03 .0301 FORM (a) Except as provided herein, there are no specific requirements as to the form of any pleading. A pleading is simply required to contain a caption sufficient to identify the parties in accordance with Rule .0302 of thi…

24 NCAC 03 .0302 CAPTION: TITLES OF CASES (a) Cases initiated by a notice of contest shall be titled "Commissioner of Labor, Complainant v. (Name of Contestant), Respondent." (b) Cases initiated by a petition for modification of the abatement period shall be titled: "(Name of Emp…

24 NCAC 03 .0303 CITATION (a) The Commissioner of Labor shall serve on the Respondent a citation stating each standard, regulation, or section of the Act allegedly violated, a description of the alleged violation, and the date by which the violation must be corrected. (b) A recip…

24 NCAC 03 .0304 COMPLAINT AND ANSWER This section shall only apply where either party has, within the time specified in Rule .0303 of this Section requested formal pleadings. If formal pleadings are demanded by either party then: (1) Complaint. (a) The Commissioner shall file a …

24 NCAC 03 .0305 PETITION FOR MODIFICATION OF ABATEMENT PERIOD (a) An employer may file a petition for modification of abatement date when he has made a good faith effort to comply with the abatement requirements of a citation, but such abatement has not been completed because of…

24 NCAC 03 .0306 EMPLOYEE OBJECTIONS TO PERIODS OF ABATEMENT (a) An affected employee or authorized employee representative may at any time within 15 working days after the employer posts a citation, file with the issuing Director a notice of contest in which objections are made …

24 NCAC 03 .0307 STATEMENT OF POSITION At any time prior to the commencement of the hearing, any person entitled to appear as a party, or any person who has been granted leave to intervene, may file a statement of position with respect to any or all issues to be heard. History No…

24 NCAC 03 .0308 MOTIONS (a) All motions filed with the Review Board prior to hearing before the hearing examiner or prior to argument before the Review Board shall be in writing, shall be served on the parties, and shall set forth reasons supporting the motion. All parties upon …

24 NCAC 03 .0309 FAILURE TO OBEY RULES (a) Sanctions. Failure to file or serve any pleading or otherwise proceed as provided by these Rules, may result in a declaration of default and a decision against the defaulting party. The declaration and decision may be initiated by the he…

SECTION .0400 - PRE-HEARING PROCEDURES AND DISCOVERY 24 NCAC 03 .0401 WITHDRAWALS At any stage of a proceeding, a party may enter a notice to withdraw its notice of contest, petition for modification of abatement date, or citation. A notice to withdraw a notice of contest may onl…

24 NCAC 03 .0402 PRE-HEARING CONFERENCE (a) At any time before a hearing, the Board or the hearing examiner, on its or the hearing examiner's motion or on motion of a party, may direct the parties or their representatives to exchange information and to participate in a pre-hearin…

24 NCAC 03 .0403 REQUEST FOR ADMISSIONS (a) At any time after the filing of responsive pleadings, any party may request of any other party admissions of facts to be made under oath. Each admission requested shall be set forth separately. The party upon whom the request is made sh…

24 NCAC 03 .0404 DISCOVERY DEPOSITIONS AND INTERROGATORIES (a) Except by order of the Board or the hearing examiner, discovery depositions of parties, intervenors, or witnesses, discovery inspections by parties or intervenors, interrogatories, and requests for documents and thing…

24 NCAC 03 .0405 FAILURE TO COMPLY WITH ORDERS FOR DISCOVERY If any party, intervenor, or witness fails to respond timely to a subpoena, request for admissions, documents and things, or any order of the hearing examiner or Board to permit discovery in accordance with the provisio…

24 NCAC 03 .0406 SUBPOENAS ISSUED: MODIFY SUBPOENAS: INSPECT AND COPY DATA (a) Any member of the Board or the hearing examiner shall, on the application of any party directed to the Board, forthwith issue subpoenas requiring the attendance and testimony of witnesses and the produ…

SECTION .0500 - HEARINGS 24 NCAC 03 .0501 NOTICE OF HEARING Notice of the time, place, and nature of a hearing shall be given to the parties and intervenors at least 15 days in advance of such hearing, except as otherwise provided in Rule .0702 of this Chapter. History Note: Auth…

24 NCAC 03 .0502 POSTPONEMENT OF HEARING (a) Postponement of a hearing ordinarily will not be allowed. (b) Except in the case of an extreme emergency, unusual circumstances, for good cause shown, or upon consent by all parties, no such request will be considered unless received i…

24 NCAC 03 .0503 FAILURE TO APPEAR (a) Subject to the provisions of Paragraph (c) of this Rule, the failure of a party to appear at a hearing shall be deemed to be a waiver of all rights to participate and be heard in the hearing. Unjustifiable failure to appear may result in a d…

24 NCAC 03 .0504 PAYMENT OF FEES AND MILEAGE TO WITNESSES: COURT REPORTERS Witnesses summoned before the Board or hearing examiner shall be paid the same fees and mileage that are paid witnesses in the State courts, and witnesses whose depositions are taken, and the persons takin…

24 NCAC 03 .0505 COURT REPORTERS: FEES: COST OF TRANSCRIPT OF TESTIMONY (a) The court reporter's fees and the cost of the original transcript of testimony for depositions as provided in Rules .0504 and .0511 of this Section, shall be borne by the party which arranges for the repo…

24 NCAC 03 .0506 TRANSCRIPT OF TESTIMONY (a) Hearings, including testimony and argument (on request) shall be transcribed verbatim. If review is directed by the Board, the Board will order the transcript and notify the parties when it is filed with the Board. If a petition for re…

24 NCAC 03 .0507 DUTIES AND POWERS OF BOARD AND HEARING EXAMINER It shall be the duty of the Board or its hearing examiner to conduct a fair and impartial hearing, to assure that the facts are fully elicited to adjudicate all issues and avoid delay. The Board or hearing examiner …

24 NCAC 03 .0508 DISQUALIFICATION OF MEMBER OF BOARD OR HEARING EXAMINER (a) A member of the Board or the hearing examiner may withdraw from a proceeding whenever the Board member or hearing examiner deems himself or herself to be disqualified. (b) Any party may request a Review …

24 NCAC 03 .0509 EXAMINATION OF WITNESSES Witnesses shall be examined orally under oath or affirmation. Opposing parties shall have the right to cross-examine any witness whose testimony is introduced by an adverse party. All parties may cross-examine any witness called by the he…

24 NCAC 03 .0510 AFFIDAVITS An affidavit may be admitted as evidence in lieu of oral testimony if the matters therein contained are otherwise admissible and the parties agree to its admission. History Note: Authority G.S. 95-135; Temporary Rule Eff. October 2, 1991 For a Period o…

24 NCAC 03 .0511 GENERAL PROCEDURES: DEPOSITIONS IN LIEU OF ORAL TESTIMONY (a) A motion to take the deposition of a witness in lieu of oral testimony shall be in writing and shall set forth the reasons such deposition should be taken, the name and address of the witness, the matt…