10A NCAC 09 .2005. CONTESTED CASES: 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 03 .0003.  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 General Counsel, 2005 Mail Service Center, Raleigh, NC  27699-2005.

 

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

Eff. November 1, 1989.