04 NCAC 02R .0821. ARTICLE 12 HEARINGS; PETITION AND NOTICE

(a)  Initiation of Hearing.  A hearing under Article 12 of Chapter 18B of the General Statutes (Wine Distribution Agreements Act) shall be commenced by the filing of a petition with the Commission.  The petition shall state the party's contentions in detail, and set forth chronologically the events surrounding the winery's termination of the agreement.

(b)  Requests for Relief.  In any case in which a wholesaler requests that the Commission provide relief in a dispute with a winery under Article 12, the Commission may deem that request to be in the nature of a request for a hearing, and may conduct a hearing to determine if the winery has good cause to terminate an agreement with the wholesaler, or to determine if the wholesaler has rectified the reasons given by the winery for the termination.

(c)  Notice of Hearing.  A Notice of Hearing shall be mailed to the parties in a dispute under Article 12 at least 15 days prior to the hearing.  The notice will be served by certified mail or in accordance with G.S. 1A‑1, Rule 4 (j1).  In the event service is made by certified mail, the delivery date on the return receipt shall be the date of notice.  The notice will contain a short and plain statement of the issues to be resolved by the Commission, the date, time, and place of the hearing, and the name of the hearing officer who will conduct the hearing, if the Commission determines that it will not preside at the initial hearing.

(d)  Rules of Procedure.  Hearings conducted under Article 12 of Chapter 18B of the General Statutes will be conducted in accordance with 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 of the North Carolina General Statutes.

 

History Note:        Authority G.S. 1A‑1, Rule 4(j1); 7A‑750; 18B‑203(a)(1),(2); 18B‑207; 18B‑1205;

Eff. July 1, 1992.