North Carolina Administrative Code

24 NCAC 03 .0512 EXHIBITS (a) All exhibits offered in evidence shall be numbered and marked with a designation identifying the party or intervenor by whom the exhibit is offered and with the case docket number. (b) In the absence of objection by another party or intervenor, exhib…

24 NCAC 03 .0513 RULES OF EVIDENCE Hearings before the Board or its hearing examiner shall, insofar as practicable, be governed by the rules of evidence applicable in the State courts. Provided, however, that the Board or hearing examiner may exercise the right at all times to re…

24 NCAC 03 .0514 BURDEN OF PROOF (a) In all proceedings commenced by the filing of a notice of contest, the burden of proof shall rest with the Commissioner to prove each element of the contested citation by the greater weight of the evidence. The burden of proof as to all affirm…

24 NCAC 03 .0515 OBJECTIONS (a) Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence or a ruling by the Board or the hearing examiner, may be stated orally or in writing, accompanied by a short statement of the grounds …

24 NCAC 03 .0516 FILING OF BRIEF: ORAL ARGUMENTS Any party shall be entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall be included in the record on request of any party. Any party may, at the discretion of the hearing examine…

SECTION .0600 - POST HEARING PROCEDURES 24 NCAC 03 .0601 DECISIONS OF HEARING EXAMINER (a) The decision of the hearing examiner shall be in writing and shall include findings of fact, conclusions of law, and an order. (b) The hearing examiner shall sign the decision, and said dec…

24 NCAC 03 .0602 REVIEW: BRIEFS FOR REVIEW (a) Petitioning for review. Any member of the Board may direct that a decision of a hearing examiner be reviewed by the entire Board as a whole. Any party adversely affected or aggrieved by the decision of the hearing examiner (pursuant …

24 NCAC 03 .0603 STAY OF FINAL ORDER (a) Any party aggrieved by a final order or other final determination of the Board or hearing examiner, may, in cases where the order or determination is not automatically stayed by operation of law, file a motion for a stay. (b) Such motion s…

24 NCAC 03 .0604 ORAL ARGUMENT BEFORE THE BOARD The Board or hearing examiner shall have the right to require oral argument, to regulate its order of presentation, and to limit the time allowed for oral argument. If either party has failed to appear, the party present may be allo…

24 NCAC 03 .0605 JUDICIAL REVIEW Any person who is or may be adversely affected by a final order or other final determination of the Board in a contested case may, within 30 days from the date such order or determination is entered, seek judicial review in accordance with and sub…

SECTION .0700 - MISCELLANEOUS PROVISIONS 24 NCAC 03 .0701 SETTLEMENT (a) Settlement is encouraged at any stage of the proceedings. (b) A settlement agreement, submitted for approval, should state the terms of the settlement, specify any matter which remains to be decided, and sta…

24 NCAC 03 .0702 EXPEDITED PROCEEDING (a) Upon application of any party or intervenor, or upon his own motion, any member of the Board or the hearing examiner may order an expedited proceeding. (b) The Board or hearing examiner in an expedited proceeding shall make necessary ruli…

24 NCAC 03 .0703 STANDARDS OF CONDUCT All persons appearing in any proceeding shall conform to the standards of ethical conduct required in the State courts. History Note: Authority G.S. 95-135; Temporary Rule Eff. October 2, 1991 For a Period of 180 Days to Expire on March 30, 1…

24 NCAC 03 .0704 EX PARTE COMMUNICATION (a) There shall be no ex parte communication, with respect to the merits of any case not concluded, between the Board, including any member, officer, employee, or agent of the Board who is employed in the decisional process, and any of the …

24 NCAC 03 .0705 RESTRICTION ON PARTICIPATION BY COMMISSIONER AND BOARD MEMBERS The Commissioner or his agent shall not discuss any contested case with the Review Board or hearing examiners. Review Board members shall not be present at or participate in a hearing of any matter be…

24 NCAC 03 .0706 INSPECTION AND REPRODUCTION OF DOCUMENTS (a) Subject to provisions of law restricting public disclosure of information, any person, may, at the offices of the Board, inspect and copy any document filed in any proceeding. (b) Costs shall be borne by such person. H…

24 NCAC 03 .0707 RESTRICTIONS WITH RESPECT TO FORMER EMPLOYEES No former employee of the Board or the Commissioner (including a member of the Board or the Director) shall appear before the Board as an attorney or other representative for any party in any proceeding or other matte…

24 NCAC 03 .0708 ADOPTION OF RULES Chapter 150B of the General Statutes governs the adoption of Rules by the Board. Petitions for changes in the Board's rules should be guided by G.S. 150B-20. History Note: Authority G.S. 95-135; Temporary Rule Eff. October 2, 1991 For a Period o…

24 NCAC 03 .0709 CONSTRUCTION These Rules shall be construed to secure an expeditious, just, and inexpensive determination of every case. History Note: Authority G.S. 95-135; Temporary Rule Eff. October 2, 1991 For a Period of 180 Days to Expire on March 30, 1992; Eff. February 3…

24 NCAC 03 .0710 PENALTIES All penalties assessed by the Board are civil. History Note: Authority G.S. 95-135; Temporary Rule Eff. October 2, 1991 For a Period of 180 Days to Expire on March 30, 1992; Eff. February 3, 1992; Pursuant to G.S. 150B-21.3A, rule is necessary without s…

24 NCAC 05 .0203 CERTIFICATION, RECERTIFICATION AND DECERTIFICATION History Note: Authority G.S. 143-626; Eff. January 1, 1995; Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67, s.21.2.

24 NCAC 05 .0204 BOARD MONITORING RESPONSIBILITIES History Note: Authority G.S. 143-626; Eff. July 1, 1995; Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67, s.21.2.

24 NCAC 05 .0205 MEMBER SERVICES History Note: Authority G.S. 143-626; 143-628; Eff. January 1, 1995; Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67, s.21.2.

24 NCAC 05 .0206 COORDINATION OF MEMBER SERVICES AMONG ALLIANCES History Note: Authority G.S. 143-626; 143-628; Eff. July 1, 1995; Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67, s.21.2.

24 NCAC 05 .0207 REQUESTS FOR PARTICIPATION BY AHCS History Note: Authority G.S. 143-628; 143-629; Eff. January 1, 1995; Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67, s.21.2.

24 NCAC 05 .0416 RESERVED FOR FUTURE CODIFICATION

24 NCAC 05 .0417 RESERVED FOR FUTURE CODIFICATION

24 NCAC 05 .0418 RESERVED FOR FUTURE CODIFICATION

24 NCAC 05 .0419 MONTHLY PAYMENTS TO ACCOUNTABLE HEALTH CARRIERS History Note: Authority: G.S. 143-626; 143-631; Eff. October 1, 1995; Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67, s.21.2.

Chapter 06 - Lottery Commission SUBCHAPTER 06A - GENERAL WAGERING SECTION .0100 – GENERAL PROVISIONS 24 NCAC 06A .0101 Definitions In addition to defined terms in G.S. 18C-901 and G.S. 18C-1001, the following definitions apply throughout this Rules Manual, unless otherwise specif…

24 NCAC 06A .0102 Scope and Application of Rules (a) These Rules apply to Persons whose conduct makes them subject to Articles 9 and 10 of the Act. Unless explicitly identified by the Commission as applicable to North Carolina Education Lottery retailers or lottery players, this …

24 NCAC 06A .0103 Authorization (a) These Rules cover only activities specifically authorized by Chapter 18C of the North Carolina General Statutes or other State law. The federal Indian Gaming Regulatory Act, 25 U.S.C. 2701, and G.S. 14-292.2 do not represent a basis for these R…

24 NCAC 06A .0104 Severability of Provisions The provisions of Rules contained within this Rules Manual are severable. If a provision of a Rule is invalid, or if an application thereof to a Person or circumstance is invalid, the invalidity shall not affect other provisions or app…

24 NCAC 06A .0105 Reservation of Authority The Commission expressly reserves all powers, duties, and authority granted to it by the Act and other applicable law. While the Commission properly and necessarily delegates certain authority and duties in order to fulfill and execute t…

24 NCAC 06A .0106 Assignment of Duties and Responsibilities to the Director (a) Subject to the Commission's oversight and direction, the Director shall be the primary administrative and enforcement agent for licensing and regulatory matters arising under Articles 9 and 10 of Chap…

24 NCAC 06A .0107 Executive Orders (a) To provide certainty to the regulated public and support efficient operations and administration, the Commission authorizes the Director to issue Executive Orders, as needed. Executive Orders shall have the same force and effect as these Rul…

24 NCAC 06A .0108 Technical Manuals and Bulletins Published by the Director (a) Consistent with these Rules, the Director shall publish, as needed, Technical Manuals and Bulletins to interpret and implement Articles 9 and 10 of the Act and these Rules. (b) Technical Manuals and B…

24 NCAC 06A .0109 Request for Variance or Waiver of Requirement (a) For good cause shown, the Director may waive any of the non-statutory grounds for denial or renewal of a License. For good cause shown, the Director may grant a variance from the operation of these Rules or a req…

24 NCAC 06A .0110 Effective Date of Rules Manual (a) This Rules Manual shall be effective upon the date of its adoption or the earliest date allowed by law, whichever is later. (b) New Rules, amended Rules, and revisions to this Rules Manual shall become effective immediately upo…

24 NCAC 06A .0111 Commission Location and Office Hours The Commission's physical and mailing addresses, hours of operation, and points of contact with respect to issues arising under Article 9 or 10 of the Act shall be prominently posted on the Commission's website. History Note:…

24 NCAC 06A .0112 Payment of Fees (a) All required fees or sums to be paid to the Commission shall be paid via wire transfer of funds or other form as prescribed by the Director. (b) Checks, credit cards, and other forms of payment given to the Commission or its agents or vendors…

24 NCAC 06A .0113 Confidential Materials (a) Parties submitting documents or materials to the Commission, its Director, staff, or agents are responsible for conspicuously marking such materials on or before the time of submission as "Confidential" or "Trade Secret" as appropriate…

24 NCAC 06A .0114 Address Requirements (a) All Responsible Parties and Applicants shall provide the Commission with a designated contact, including a mailing address, an email address, and a phone number. This information may be submitted via a licensure application or through ot…

SECTION .0200 – LICENSING PROVISIONS 24 ncac 06a .0201 Burden on Applicant The burden of proof shall be on the Applicant to show by clear and convincing evidence that the Applicant: (1) complies with the laws of the State of North Carolina, the Rules of the Commission, and any ot…

24 NCAC 06A .0202 Opportunity to Participate in Wagering Industry as Revocable Privilege (a) Participation in any aspect of Wagering operations covered by these Rules by a Responsible Party shall be deemed a revocable privilege and shall be conditioned on the proper and continued…

24 NCAC 06A .0203 Consultation Before Submission of Application The Director may conduct consultation meetings or information sessions with Applicants and prospective Applicants to provide guidance regarding application procedures and requirements. In the event of conflicting inf…

24 NCAC 06A .0204 Electronic Form of Applications; Copies of Application and Supporting Materials (a) The Applicant shall complete and submit the applicable License application on a form and in a manner prescribed by the Commission. (b) Information and documents submitted to the …

24 NCAC 06A .0205 All Applications are Sworn; Duty to Update or Amend During Pendency of Review (a) Information and documents submitted to the Commission in an application shall be sworn or affirmed under the penalties of perjury as to their truth, validity, and comprehensiveness…

24 NCAC 06A .0206 Timeliness (a) To be eligible for consideration, a Licensing application shall be submitted on or before the deadline established by the Director. (1) The Commission may establish different deadlines for different Licenses. (2) After an application deadline pass…

24 NCAC 06A .0207 Consideration of Late Applications (a) A License application submitted after an established deadline will generally not be considered or evaluated. Untimely submission is grounds for summary denial of an application. (b) An untimely application may be considered…