20 NCAC 04 .0308. CONDUCT OF THE HEARING

(a)  If a party fails to appear after proper service of notice, the board, if no adjournment is granted, may proceed with the hearing and make its decision in the absence of the party.

(b)  The petitioner shall be given an opportunity to present arguments on issues of law and policy and an opportunity to present evidence on issues of fact.

(c)  The rules of evidence as applied in the trial division of the General Court of Justice shall be followed.

(d)  Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of the board.

(e)  The board is authorized to issue subpoenas upon its own motion or upon a written request.

(f)  The board is authorized to adopt rules providing for discovery pursuant to the provisions of the Rules of Civil Procedure G.S. 1A‑1.

(g)  An informal record containing in substance the evidence, contentions and arguments presented at the hearing shall be made.

(h)  All members of the board shall consider the evidence, contentions and arguments and the decision thereon shall be made by a majority vote of the augmented board.

 

History Note:        Authority G.S. 150B‑25; 150B‑27;

150B‑28; 150B‑29; 150B‑30; 105‑122(c)(2);

105‑130.4(s);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977.