North Carolina Administrative Code

26 NCAC 03 .0125 CONDUCT OF HEARING Hearings shall be conducted, as nearly as practical, in accordance with the practice in the Trial Division of the General Court of Justice. History Note: Authority G.S. 150B-25; 150B-33; Eff. August 1, 1986; Recodified from Rule .0124 Eff. Augu…

26 NCAC 03 .0126 HEARING OFFICER'S PROPOSAL FOR DECISION: EXCEPTIONS History Note: Authority G.S. 150B-34; Eff. August 1, 1986; Temporary Repeal Eff. August 26, 1987 For a Period of 120 Days to Expire on December 24, 1987; Temporary Repeal Eff. December 24, 1987 For a Period of 8…

26 NCAC 03 .0127 ADMINISTRATIVE LAW JUDGE'S DECISION (a) An administrative law judge shall issue a final decision or order in a contested case within 45 days after the later of the date the administrative law judge receives any proposed findings of fact and written arguments subm…

26 NCAC 03 .0131 FINAL DECISIONS IN CONTESTED CASES A copy of a final decision issued by an administrative law judge shall be served on each party in accordance with Rule .0102(a)(3) and (b) through (f) of this Section. History Note: Authority G.S. 150B-45; ARRC Objection Lodged …

SECTION .0200 - MEDIATION SETTLEMENT CONFERENCE 26 NCAC 03 .0201 ORDER FOR MEDIATED SETTLEMENT CONFERENCE (a) Order by Chief Administrative Law Judge. The Chief Administrative Law Judge may, by written order, require parties and their representatives to attend a pre-hearing media…

26 NCAC 03 .0202 SELECTION OF MEDIATOR (a) Selection of Certified Mediator by Agreement of Parties. The parties may select a certified mediator by agreement within 21 days of the Chief Administrative Law Judge's order. The petitioner or petitioner's attorney shall file with the O…

26 NCAC 03 .0203 MEDIATION SETTLEMENT CONFERENCE (a) Where Conference is to be Held. Unless all parties and the mediator otherwise agree, the mediated settlement conference shall be held in the courthouse or other public building in the county where the contested case is pending.…

26 NCAC 03 .0204 DUTIES OF PARTIES, REPRESENTATIVES, AND ATTORNEYS (a) Attendance. The following persons shall physically attend a mediated settlement conference: (1) All individual parties, or an officer or employee or agent of a party who is not a natural person who is not the …

26 NCAC 03 .0205 SANCTIONS FOR FAILURE TO ATTEND If a party or other person required to attend a mediated settlement conference fails to attend without good cause, the presiding Administrative Law Judge may impose upon the party or person any appropriate monetary sanction includi…

26 NCAC 03 .0206 AUTHORITY AND DUTIES OF MEDIATORS (a) Authority of Mediator. (1) Control of Conference. The mediator shall at all times be in control of the conference and the procedures to be followed. (2) Private Consultation. The mediator may communicate privately with any pa…

26 NCAC 03 .0207 COMPENSATION OF THE MEDIATOR (a) By Agreement. When the mediator is stipulated to by the parties, compensation shall be as agreed upon between the parties and the mediator. (b) By Order. When the mediator is appointed by the Office of Administrative Hearings, the…

26 NCAC 03 .0208 MEDIATOR For purposes of this Section the term "certified mediator" shall mean a person who is currently certified as a mediator by the Administrative Office of the Courts pursuant to Rule 8 of Rules of the North Carolina Supreme Court Implementing Statewide Medi…

SECTION .0400 – SIMPLIFIED PROCEDURES FOR MEDICAID APPLICANT AND RECIPIENT APPEALS 26 NCAC 03 .0401 MEDICAID hearing procedures rules (a) The rules in 26 NCAC 03 .0100 apply to contested Medicaid cases commenced by Medicaid applicants or recipients under S.L. 2008-107, s. 10.15A.…

26 NCAC 03 .0402 mediation settlement conference rules The rules in 26 NCAC 03 .0200 do not apply to contested Medicaid cases commenced by Medicaid applicants or recipients under S.L. 2008-107, s. 10.15A.(h1) as rewritten by S.L. 2008-118, s. 3.13. History Note: Authority G.S. 7A…

26 NCAC 03 .0403 expedited hearings procedures for complex contested cases History Note: Authority G.S. 7A-751(a); S.L. 2008-107, s. 10.15A.(h1) as rewritten by S.L. 2008-118, s. 3.13; Temporary Adoption Eff. December 2, 2008; Eff. August 1, 2009; Repealed Eff. November 1, 2012.

SECTION .0500 – ELECTRONIC FILING 26 NCAC 03 .0501 DEFINITIONS In addition to the definitions contained in G.S. 150B-23.3, the following definitions apply to the rules in this Section: (1) "Electronic filing" or "filed electronically" means the electronic transmission of the peti…

26 NCAC 03 .0502 GENERAL (a) The Office of Administrative Hearings shall permit documents filed and served in a contested case to be filed and served electronically by means of the Electronic Filing Service Provider. All attorneys, mediators, and other parties using e-OAH shall r…

26 NCAC 03 .0503 REGISTRANTS Only attorneys, mediators, and other parties associated with a contested case docket shall be permitted to register with e-OAH. History Note: Authority G.S. 7A-750; 150B-23; 150B-23.3; Eff. March 1, 2016.

26 NCAC 03 .0504 INTEGRATION WITH OTHER RULES The rules in this Section are intended to supplement the other rules in this Chapter. In the event of a conflict, the rules in this Section shall control with respect to contested cases filed in e-OAH. History Note: Authority G.S. 7A-…

CHAPTER 04 - CIVIL RIGHTS DIVISION SECTION .0100 - GENERAL 26 NCAC 04 .0101 INTRODUCTION The Civil Rights Division shall investigate all charges filed under G.S. 7A-759 and deferred charges from the Equal Employment Opportunity Commission in accordance with the Federal regulation…

26 NCAC 04 .0102 CONTENT AND PROCEDURE (a) Any person wishing to file a complaint of alleged employment discrimination under G.S. 7A-759 with the Civil Rights Division shall complete the preliminary intake form found at www.ncoah.com; or submit the complaint in writing or by tele…

26 NCAC 04 .0103 NOTIFICATION OF INVESTIGATION (a) When a charge of employment discrimination is filed, the Civil Rights Division shall notify the charging party and respondent that an investigation will commence. Notice shall be served by registered U.S. mail. (b) Any correspond…

26 NCAC 04 .0106 INVESTIGATION REPORT (a) The Civil Rights Division shall investigate all charges filed pursuant to this Section. (b) A civil rights investigator shall prepare an investigative memorandum setting out the findings and the conclusions of the Civil Rights Division's …

26 NCAC 04 .0107 CONCILIATION AND SETTLEMENT (a) A civil rights investigator shall contact the charging party and the respondent to schedule a settlement conference with the Civil Rights Division director and compliance manager within 10 days of the service of the decision that t…

26 NCAC 04 .0108 CONTESTED CASE HEARING (a) Any determination of probable cause that has not resulted in conciliation may be heard by an Administrative Law Judge. The charging party shall commence the proceedings by filing a petition for a contested case hearing. (b) The Administ…

26 NCAC 04 .0109 AUTHORITY TO ADMINISTER OATHS OR AFFIRMATIONS History Note: Authority G.S. 7A-759; 150B-11; Eff. April 1, 1989; Repealed Eff. November 1, 2012.

26 NCAC 04 .0110 SUBPOENAS If any subpoena, including a subpoena ducus tecum, is required for the proper investigation of a charge, the Director or any employee of the Civil Rights Division may apply to the Chief Administrative Law Judge for issuance of the subpoena under the aut…

CHAPTER 05 – RULES REVIEW COMMISSION SECTION .0100 - GENERAL 26 NCAC 05 .0101 DEFINITIONS As used in this Chapter the following terms have the following meanings unless the context indicates otherwise: (1) "Agency" means as defined in G.S. 150B-2(1b). (2) "Commission" or "RRC" me…

26 NCAC 05 .0102 COMMUNICATIONS WITH COMMISSIONERS History Note: Authority G.S. 143B-30.1; Eff. August 1, 2008; Repealed Eff. June 1, 2023.

26 NCAC 05 .0103 SUBMISSION OF WRITTEN COMMENTS CONCERNING PERMANENT RULES TO THE RRC (a) Written comments submitted by any person concerning a permanent rule shall be received by the RRC staff by 5:00 p.m. Eastern Time of the fifth business day prior to the RRC meeting at which …

26 NCAC 05 .0104 SUBMISSION OF WRITTEN COMMENTS CONCERNING TEMPORARY RULES TO THE RRC (a) Written comments submitted by any person concerning a temporary rule shall be received by the RRC staff by 5:00 p.m. Eastern Time on the business day prior to the RRC meeting at which the te…

26 NCAC 05 .0105 REQUIRED NOTICE PRIOR TO ORAL RRC PRESENTATION (a) The Chair may allow an agency or any person to make oral statements in support of or in opposition to a rule, or to a report as set forth in Rule .0206 of this Chapter. (b) Any person or agency desiring to make a…

26 NCAC 05 .0106 LIMITATIONS ON ORAL PRESENTATIONS (a) The RRC Chair in open session may set time limits on oral presentations before the Commission. (b) Unless the Chair sets other time limits for oral presentations, the time allowed for presentations shall not exceed five minut…

26 NCAC 05 .0107 WITHDRAWAL OR AMENDMENT OF RULES AFTER FILING WITH RRC (a) An agency shall not withdraw a rule after filing with the RRC and before review by the RRC when: (1) the rule is a readoption; or (2) the staff recommendation to object to the rule applies to existing lan…

26 NCAC 05 .0108 SUBMISSION OF REWRITTEN RULES OR RULES WITH TECHNICAL CHANGES (a) The RRC shall not review rules rewritten in response to an objection until the next regular meeting following the objection. (b) All rules containing technical changes made in response to a request…

26 NCAC 05 .0109 COMMUNICATIONS WITH RRC STAFF History Note: Authority G.S. 143B-30.1; Eff. August 1, 2008; Repealed Eff. June 1, 2023.

26 NCAC 05 .0110 FILING OBJECTION LETTERS (a) The RRC shall not consider any objection letter which is dated prior to the time the agency adopts the rule. (b) All objection letters shall be delivered via U.S. Mail, private courier service, or hand delivery to 1711 New Hope Church…

26 NCAC 05 .0111 RESPONSE TO OBJECTION LETTERS (a) The RRC staff shall respond to any objection letter for which it has a return address and that is not eligible for consideration. (b) The RRC staff's response shall inform the letter writer that the objection letter is not eligib…

26 nCAC 05 .0112 WAIVER (a) The Commission in open session may waive any rule for which no specific waiver provision is set out. (b) Any person or agency requesting a waiver shall do so in writing and shall set out the specific rule for which a waiver is requested and the reasons…

26 NCAC 05 .0113 WITHDRAWAL OF OBJECTION LETTERS (a) A person may request that the Commission allow withdrawal of his or her previously filed objection letter to a rule prior to the meeting at which that rule is approved as set out below. (b) A request to withdraw an objection le…

26 NCAC 05 .0114 RRC RULE APPROVAL CONTINGENT ON TECHNICAL CHANGE (a) When the Commission approves a rule contingent on an agency's making requested technical changes, the agency shall make all changes requested by the Commission prior to 5:00 p.m. Eastern Time on the next busine…

26 NCAC 05 .0115 EXTENSIONS OF THE PERIOD FOR REVIEW (a) An agency may submit a request for an extension pursuant to G.S. 150B-21.10(3) to respond to Requests for Technical Changes and make rule revisions in response thereto or to rebut RRC staff opinions, at or before the RRC me…

26 NCAC 05 .0116 ATTESTATION OF COMPLIANCE WITH RULEMAKING REQUIREMENTS (a) An agency shall attest that the requirements listed in G.S. 150B-19.1(c)(1)-(5) were posted on the agency Web site no later than the publication date of the notice of text for a proposed rule in the North…

SECTION .0200 – PERIODIC REVIEW OF EXISTING RULES 26 NCAC 05 .0201 SCOPE History Note: Authority G.S. 150B-21.3A; Eff. April 1, 2014; Repealed Eff. June 1, 2023.

26 NCAC 05 .0202 DEFINITIONS In addition to the definitions in G.S. 150B-21.3A and in Rule .0101 of this Chapter, for the purposes of this Section the following definitions apply: (1) "Determination" means a classification of a rule as necessary or unnecessary. (2) "Existing rule…

26 NCAC 05 .0203 DEADLINES (a) The Commission shall submit by email to the rulemaking coordinator of an agency subject to the review a report containing its existing rules. Agencies shall have 10 business days after the report is sent to review it for accuracy and completeness. A…

26 NCAC 05 .0204 EXTENSION OF TIME (a) If the agency cannot meet the filing deadline set forth in Rules .0203(c) and .0211 of this Section, the agency head may submit a written request for an extension of time from the Commission. The Commission shall consider the request at its …

26 NCAC 05 .0205 AGENCY REQUEST TO RESCHEDULE REPORTS for earlier review AND ADD UNNECESSARY RULES TO THE SCHEDULE (a) If an agency wishes to reschedule a report for review before the date set forth in Rule .0211 of this Section, the agency shall send a written request to the Com…

26 NCAC 05 .0206 REPORT (a) All agencies participating in the review shall use the report prepared by the Commission. (b) The agency shall complete the following fields of the report prior to posting: (1) the initial agency determination; (2) whether a rule is necessary to implem…

26 NCAC 05 .0207 PUBLIC COMMENT (a) For purposes of this Section, an agency shall accept public comments submitted to the agency by US Postal Service or other delivery service and electronic communication. (b) The agency shall send notice of the posting and public comment period …