10A NCAC 01A .0202. REQUEST FOR DETERMINATION

(a)  In accordance with G. S. 150B‑2(2), any person may request a determination of his/her 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 03 .0103.  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.

 

History Note:        Authority G.S. 143B‑10; 150B‑11; 150B‑22; 150B‑23;

Eff. February 1, 1976;

Amended Eff. April 1, 1988; July 1, 1987; January 1, 1986.

Note

Editor's Note:   Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 NCAC 1B .0202(c) void as applied in New Hanover Memorial Hospital, Inc., Petitioner v. N.C. Department of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 DHR 0792).

 

Brenda B. Becton, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 NCAC 1B .0202(c) void as applied in High Point Regional Hospital, Inc., Petitioner v. Department of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 DHR 0770).