North Carolina North Carolina

Licensing Standards for DayCare Centers


SECTION .0700 - CONTESTED CASES

.0701 DEFINITIONS

The following terms shall have the following meaning unless the context of the rule requires a different interpretation:

(1) "Department" means the Department of Human Resources;

(2) "Director" means the Director of the Division of Facility Services;

(3) "Hearing" means a contested case hearing as provided in G.S. 150B-2(2) and 150B-23;

(4) "OAH" means Office of Administrative Hearings

History Note: Statutory Authority G.S. 143B-10, 150B-11; Eff. November 1, 1989.

.0702 REQUEST FOR DETERMINATION

(a) In accordance with G.S. 150B-2(2), any person may request a determination of his legal rights, privileges, or duties as they relate to laws or rules administered by the Department. All requests must be in writing and contain a statement of the facts prompting the request sufficient to allow for appropriate processing by the Department.

(b) Any person seeking such a determination must exhaust all informal procedures available before requesting a hearing under G.S. 150B-23.

(c) All petitions for hearings regarding matters under the control of the Department shall be filed with the OAH in accordance with G.S. 150B-23 and 26 NCAC 3 .003. In accordance with G.S. 1A-1, Rule 4(j)4, the petition shall be served on a registered agent for service of process for the Department. A list of registered agents may be obtained from the Office of Legislative and Legal Affairs at 101 Blair Drive, Raleigh, North Carolina, 27603.

History Note: Statutory Authority G.S. 143B-10; 150B-11; 150B-22; 150B-23; Eff. November 1, 1989.

.0703 RECORD

(a) The official record of a hearing shall be maintained in the Division Office, Division of Facility Services, 701 Barbour Drive, Raleigh, North Carolina, 27603.

(b) Any person wishing to examine the hearing records shall submit such request in writing to the Division Office, Division of Facility Services, 701 Barbour Drive, Raleigh, North Carolina, 27603. Such request must be given in sufficient time to allow the record to be prepared for inspection.

History Note: Statutory Authority G.S. 143B-10(j)(3); 150B-11; 150B-23(e); 150B-29(b); Eff. November 1, 1989.

.0704 EXCEPTIONS TO RECOMMENDED DECISION

(a) Upon receipt of the official record as defined in G.S. 150B-37, the Director shall notify the parties to the contested case of receipt of the record and provide them an opportunity to file exceptions to the decision recommended by the administrative law judge and to present written arguments in accordance with G.S. 150B-36.

(b) The time provided to submit arguments and exceptions shall be specified in the notice and shall be at least 15 days from the date the notice was mailed.

(c) No new evidence may be included in the exceptions and arguments presented for consideration by the final decision-maker.

History Note: Statutory Authority G.S. 143B-10; 150B-11; 150B-36; 150B-37; Eff. November 1, 1989.


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