13 NCAC 10 .0602. REVIEW

(a)  Any member of the board may direct that a decision of a hearing examiner be reviewed by the entire board as a whole.  If no direction for review is given within 30 days of the filing of the hearing examiner's order with the board, such order shall become a final order of the review board.

(b)  Any party aggrieved by a decision of a hearing examiner may submit a petition for review within 30 days of the filing of the decision in the offices of the board in Raleigh, North Carolina.

(c)  A petition for review should contain a concise statement of each portion of the decision and order to which exception is taken and may also be accompanied by a brief of points and authorities relied upon.  The original and three copies of the petition shall be filed with the board.

(d)  Upon receipt of a timely petition for review, the board shall schedule the matter for hearing on the record, except the board may allow the introduction of newly discovered evidence, or in its discretion the taking of further evidence upon any question or issue.  All interested parties to the original hearing shall be notified of the date and the time and place of such hearing and shall be allowed to appear in person or by representative.

(e)  Upon review of any decision of a hearing examiner, the board may adopt, modify or vacate the decision of the hearing examiner and notify the interested parties. The report, decision or determination of the board upon review shall be final unless further appeal is made to the court as provided in Rule .0605 of this Section.

 

History Note:        Authority G.S. 95‑135;

Eff. March 15, 1978.