21 N.C. Admin. Code 40.0410

Current through Register Vol. 39, No. 11, December 2, 2024

Section 40 .0410 - REQUEST FOR HEARING

(a) Any time an individual believes that individual's rights, duties, or privileges have been affected 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 should submit a request to the Board's office, with the request bearing the notation: REQUEST FOR ADMINISTRATIVE HEARING. The request should 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) The request will be acknowledged promptly and, if deemed appropriate by the Board in accordance with 21 NCAC 40 Rule .0411, a hearing will be scheduled.

21 N.C. Admin. Code 40 .0410

Authority G.S. 90-239; 150B-11; 150B-38;
Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 22, 2018.

Authority G.S. 90-239; 150B-11; 150B-38;
Eff. May 1, 1989.