10A N.C. Admin. Code 43D.0909

Current through Register Vol. 39, No. 12, December 1, 2024

Section 43D .0909 - HEARING OFFICER

The Director of the Division of Public Health shall designate a representative who did not participate in taking the action under appeal to be the hearing officer. The hearing officer shall:

(1) preside over the informal proceeding;

(2) ensure that all relevant issues are considered;

(3) request, receive and insert into the hearing record all evidence determined necessary to reach a decision;

(4) conduct the meeting in accordance with due process and ensure an orderly hearing;

(5) order, if relevant and necessary, an independent medical assessment or professional evaluation for the appellant from a source mutually satisfactory to all parties to the hearing; and

(6) issue a decision.

10A N.C. Admin. Code 43D .0909

Authority G.S. 130A-361; 150B-22; 7 C.F.R. 246.9; 42 U.S.C. 1786;
Eff. July 1, 1981;
Amended Eff. July 1, 1995; July 1, 1987;
Temporary Amendment Eff. July 1, 2002;
Amended Eff. July 1, 2004;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.

Authority G.S. 130A-361; 150B-22; 7 C.F.R. 246.9; 42 U.S.C. 1786;
Eff. July 1, 1981;
Amended Eff. July 1, 1995; July 1, 1987;
Temporary Amendment Eff. July 1, 2002;
Amended Eff. July 1, 2004.