21 NCAC 46 .2004. REQUEST FOR HEARING

(a)  Any time an individual believes that individual's rights, duties, or privileges have been affected substantially by the Board’s administrative action, but has not received notice of a right to an administrative hearing, that individual may file a formal request for a hearing.

(b)  Before an individual may file a request, that individual is encouraged to exhaust all reasonable efforts to resolve the issue informally with the Board.

(c)  Subsequent to such informal action, if still dissatisfied, the individual may submit a request to the Board's office, with the request bearing the notation:  REQUEST FOR ADMINISTRATIVE HEARING.  The request shall contain the following information:

(1)           name and address of the petitioner;

(2)           a concise statement of the action taken by the Board which is challenged;

(3)           a concise statement of the way in which the petitioner has been aggrieved; and

(4)           a clear and specific statement of request for a hearing.

(d)  A request for administrative hearing must be submitted to the Board's office within 60 days of receipt of notice of the action taken by the Board which is challenged.  The request will be acknowledged promptly and, if deemed appropriate by the Board in accordance with 21 NCAC 46 .2005, a hearing shall be scheduled.

 

History Note:        Authority G.S. 90-85.6; 150B-38;

Eff. September 1, 1988;

Amended Eff. August 1, 2002.