North Carolina Administrative Code

26 NCAC 02C .0207 LISTING WITHIN RULES (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)…

SECTION .0300 - THE NORTH CAROLINA REGISTER 26 NCAC 02C .0301 SCOPE 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 .02…

26 NCAC 02C .0302 SUBMISSION AND PUBLICATION SCHEDULE (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 m…

26 NCAC 02C .0303 AVAILABILITY OF THE NORTH CAROLINA REGISTER (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/bookstore…

26 NCAC 02C .0306 PUBLICATION OF NOTICE OF TEXT (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. …

26 NCAC 02C .0307 OTHER NOTICES FOR PUBLICATION 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 w…

26 NCAC 02C .0308 electronic filing (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…

SECTION .0400 - NORTH CAROLINA ADMINISTRATIVE CODE 26 NCAC 02C .0401 SCOPE AND AVAILABILITY (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 thi…

26 NCAC 02C .0402 PUBLICATION OF A PERMANENT RULE 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 th…

26 NCAC 02C .0403 SUBMISSION FOR PERMANENT RULE FORM (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 repeal…

26 NCAC 02C .0404 INTRODUCTORY STATEMENT (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 pro…

26 NCAC 02C .0405 BODY OF THE RULE (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 .01…

26 NCAC 02C .0406 HISTORY NOTE (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 da…

26 NCAC 02C .0407 CHANGES TO RULE, SECTION OR CHAPTER NAMES AND HISTORY NOTES 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 …

26 NCAC 02C .0408 RECODIFICATION OF RULES 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 …

26 NCAC 02C .0409 TRANSFER OF RULES TO ANOTHER AGENCY 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 …

26 NCAC 02C .0410 AGENCY FINAL COPY OF PERMANENT RULES History Note: 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.

SECTION .0500 - TEMPORARY RULES 26 NCAC 02C .0501 SCOPE 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. History Note: Authority G.S. 150B-21.17; 150B-21.18; 150B-2…

26 NCAC 02C .0502 PUBLICATION OF A TEMPORARY RULE 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 …

26 NCAC 02C .0503 TEMPORARY RULEmaking findings of need FORM (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. I…

26 NCAC 02C .0504 APPEARANCE BY AGENCY History Note: 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.

SECTION .0600 - emergency RULES 26 NCAC 02C .0601 SCOPE 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. Histo…

26 NCAC 02C .0602 PUBLICATION OF An emergency RULE 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 ap…

26 NCAC 02C .0603 emergency RULE findings of need FORM (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 rul…

26 NCAC 02C .0604 APPEARANCE BY AGENCY 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. History Note: Autho…

section .0700 – publication on the oah website 26 ncac 02c .0701 scope 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. History Note: Author…

26 ncac 02c .0702 publication of a rule on the oah website 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 author…

26 NCAC 02C .0703 publication FORM (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…

CHAPTER 03 - HEARINGS DIVISION SECTION .0100 - HEARING PROCEDURES 26 NCAC 03 .0101 GENERAL (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 o…

26 NCAC 03 .0102 DEFINITIONS AND CONSTRUCTION (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 "…

26 NCAC 03 .0103 COMMENCEMENT OF CONTESTED CASE: NOTICE AND FILING FEE (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 comm…

26 NCAC 03 .0104 ORDER FOR PREHEARING STATEMENTS 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 ser…

26 NCAC 03 .0105 DUTIES OF THE ADMINISTRATIVE LAW JUDGE 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)…

26 NCAC 03 .0106 CONSENT ORDER: SETTLEMENT: STIPULATION (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 …

26 NCAC 03 .0107 SETTLEMENT CONFERENCE (a) A settlement conference is for the primary purpose of assisting the parties in resolving disputes and for the secondary purpose of narrowing the issues and preparing for hearing. (b) A settlement conference shall be held at the request o…

26 NCAC 03 .0108 PREHEARING CONFERENCE (a) The purpose of the prehearing conference is to simplify the issues to be determined, to obtain stipulations in regard to foundations for testimony or exhibits, to obtain stipulations of agreement on nondisputed facts or the application o…

26 NCAC 03 .0111 CONSOLIDATION OF CASES (a) The Chief Administrative Law Judge of the Office of Administrative Hearings may order a joint hearing of any matters at issue in contested cases involving common questions of law or fact or multiple proceedings involving the same or rel…

26 NCAC 03 .0112 DISCOVERY (a) Any means of discovery available pursuant to the North Carolina Rules of Civil Procedure, G.S. 1A-1, is allowed. If the party from whom discovery is sought objects to the discovery, the party seeking the discovery may file a motion with the administ…

26 NCAC 03 .0113 SUBPOENAS (a) Subpoenas for the attendance and testimony of witnesses or for the production of documents, either at a hearing or for the purposes of discovery, shall be issued in accordance with G.S. 150B-27 and G.S. 1A-1, Rule 45. (b) A subpoena shall be served …

26 NCAC 03 .0114 SANCTIONS (a) If a party fails to appear at a hearing or fails to comply with an interlocutory order of an administrative law judge, the administrative law judge may: (1) Find that the allegations of or the issues set out in the notice of hearing or other pleadin…

26 NCAC 03 .0115 MOTIONS (a) Any application to the administrative law judge for an order shall be by motion, which shall be in writing unless made during a hearing, and must be filed and served upon all parties not less than ten days before the hearing, if any, is to be held eit…

26 NCAC 03 .0116 TIME Unless otherwise provided in the rules of the Office of Administrative Hearings or in a specific statute, time computations in contested cases before the Office of Administrative Hearings shall be governed by G.S. 1A-1, Rule 6. History Note: Authority G.S. 1…

26 NCAC 03 .0117 INTERVENTION (a) Any person not named in the notice of hearing who desires to intervene in a contested case as a party shall file a timely motion to intervene and shall serve the motion upon all existing parties. Timeliness will be determined by the administrativ…

26 NCAC 03 .0118 CONTINUANCES (a) Requests for a continuance of a hearing shall be granted upon a showing of good cause or extraordinary cause. Unless time does not permit, a request for a continuance of a hearing shall be made in writing to the administrative law judge and shall…

26 NCAC 03 .0119 SECURE LEAVE PERIODS FOR ATTORNEYS (a) Any attorney may designate one or more secure leave periods each year as provided in this Rule. (b) Length, Number. A secure leave period shall consist of one or more complete calendar weeks. During any calendar year, an att…

26 NCAC 03 .0120 RIGHTS AND RESPONSIBILITIES OF PARTIES (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 evid…

26 NCAC 03 .0121 WITNESSES Any party may be a witness and may present witnesses on the party's behalf at the hearing. All oral testimony at the hearing shall be under oath or affirmation and shall be recorded. At the request of a party or upon the administrative law judge's own m…

26 NCAC 03 .0122 EVIDENCE The North Carolina Rules of Evidence as found in Chapter 8C of the General Statutes shall govern in all contested case proceedings, except as provided otherwise in these Rules and G.S. 150B-29. (1) The administrative law judge may admit all evidence that…

26 NCAC 03 .0123 OFFICIAL RECORD (a) The official record of a contested case shall be available for public inspection upon request. An administrative law judge may, consistent with law, order all or part of an official record sealed. (b) The official record shall be prepared in a…

26 NCAC 03 .0124 VENUE History Note: Authority G.S. 150B-24; Eff. August 1, 1986; Recodified from Rule .0123 Eff. August 1, 2000; Expired Eff. August 1, 2016 pursuant to G.S. 150B-21.3A.