15A NCAC 14A .0405. NOTICE OF PROCEEDINGS

(a)  Within five days after a petition is found complete by the Executive Director of the Board, or his designee, the Executive Director shall serve a Notice of Proceeding on the petitioner and on the governing board of each city and county in which the facility is or is to be located;

(b)  Such notice shall contain:

(1)           A statement that a complete petition has been received;

(2)           A statement that a public hearing on the petition will be held on a specific date and at a specific place in accordance with Rule .0406 of this Subchapter;

(3)           A statement that each city and county in which the facility is to be located is entitled to appoint one or more members to sit with the Board and hear this matter in accordance with G.S. 104E‑6.2(a); failure to appoint a member or refusal of an appointee to serve shall not affect the conduct of the hearing; the terms of the Board members appointed by local governing bodies shall end upon the final determination made by the Board under Rule .0411 of this Section; and such members shall serve as members of the Board only for purposes of these rules;

(4)           A request that within seven days of receipt, the city or county which adopted the ordinance shall serve on the Board a certified copy of that ordinance;

(5)           A request that within 30 days of receipt of the Notice, the city or county serve on [as defined in Rule .0402(15) of this Section] the Board a response to the petition which includes all information within its possession regarding the grounds set forth in Rule .0403 of this Section and any other information as to why this ordinance should not be preempted;

(6)           Name of proceeding and date of filing;

(7)           Address and telephone number of the office of the Board;

(8)           A citation to the relevant statutes or rules involved;

(9)           A short plain statement of the factual allegations or issues to be determined;

(10)         A brief description of the procedure to be followed at the hearing; and

(11)         A statement of how persons may participate in the hearing and where additional information can be obtained.

 

History Note:        Authority G.S. 104E‑6.2; 143B‑216.13(14);

Eff. February 1, 1990.