04 NCAC 02R .0823. FINAL ADMINISTRATIVE DECISION; ORDER

(a)  Right to Submit Proposed Findings.  The parties in a hearing conducted under Article 12 shall have an opportunity to file proposed findings of fact and conclusions of law within 30 days of the conclusion of the initial hearing.

(b)  Recommended Decision.  If a hearing conducted under Article 12 is presided over by a hearing officer, the hearing officer shall issue a recommended decision that contains proposed findings of fact and conclusions of law.  The hearing officer shall serve a copy of the recommended decision upon all parties and the members of the Commission who will make the final administrative decision.  Service shall be in the manner prescribed in Rule .0821(c) of this Section.

(c)  Exceptions.  The parties to a case heard under Article 12 shall have the right to file written exceptions to a recommended decision by the hearing officer.  Exceptions shall be filed with the Commission within 30 days of receipt of the recommended decision.

(d)  Hearing Conducted by Commission.  In lieu of assigning a hearing officer to preside over the initial hearing, the Commission may conduct the initial hearing.  After the time for the filing of proposed findings of fact and conclusions of law by the parties has expired, the Commission will issue a final administrative decision and order that determines the issues set forth in any prior pre‑hearing order.

(e)  Petition to Office of Administrative Hearings.  In any case heard by the Commission under Article 12 of Chapter 18B of the General Statutes, if the Commission finds evidence of violations of Article 12 of Chapter 18B, or any other ABC law, it may commence proceedings in accordance with the provisions of Rule .0802 of this Section.

 

History Note:        Authority G.S. 18B‑203(a)(1),(2); 18B‑207; 18B‑1205; 18B‑1207(c); 150B‑23;

Eff. July 1, 1992.