20 NCAC 09 .0402. HEARING ON CONFORMANCE TO PRIOR APPROVALS

(a)  Any party at interest may request from the agency a hearing on whether a participating institution, for which the agency has provided an approval under this Section, has conformed to the terms of the approval so provided under this Section.

(b)  In the discretion of the agency, the agency may refuse to consider any request which does not specify actual instances of non‑compliance by the participating institution and provide adequate documentation thereon.

(c)  After receiving a valid request for a hearing, the staff shall provide a copy thereof to the participating institution and request comments and adequate documentation supporting the comments within 20 days of receipt by the participating institution of the request.

(d)  After receiving the comments of the participating institution, the staff shall prepare a summary of the request, the rebuttal, and any other comments received on the matter.  The summary and all other pertinent documentation shall be furnished to the agency at its next regular meeting.  All interested parties which have requested notification shall be provided the opportunity to attend the meeting.

(e)  The agency shall discuss the matter in open meeting and may make one of the following decisions, based on its assessment of the validity of any claims made:

(1)           the agency may require the participating institution to correct the non‑conformance within a given period not longer than 120 days;

(2)           the agency may request a contested case hearing on the matter, so that it may have a proper evidential record before it, prior to making its final decision; and

(3)           the agency may deny the request for hearing on the grounds of lack of substance.

(f)  After the end of any corrective period or after the agency has received the report of a contested case, the agency shall again bring the matter before it at a regular meeting.  Notice of the meeting shall be provided to all persons represented at the first meeting and all other persons requesting notices of the meeting in writing.

 

History Note:        Filed as a Temporary Adoption Eff. September 30, 1987,

for a Period of 153 Days to Expire on March 1, 1988;

Authority G.S. 159D-41;

Eff. March 1, 1988.