10A NCAC 01A .0204. EXCEPTIONS TO RECOMMENDED DECISION

(a)  Upon receipt of the official record as defined in G.S. 150B‑37, the Secretary or designee 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, provided that any party may request that the final decision‑maker remand the matter to the administrative law judge for the taking of additional evidence for the reasons set forth in G.S. 150B‑49.

(d)  If the final agency decision‑maker determines that the official record of a contested case does not contain sufficient information on which to base the final agency decision, the case may be remanded to the hearing officer for the curing of the insufficiency.  The remand order shall contain specific instructions as to how the insufficiency in the official record may be cured.

 

History Note:        Authority G.S. 143B‑10; 150B‑11; 150B‑36; 150B‑37;

ARRC Objection February 18, 1988;

Eff. July 1, 1988.