(a) The provisions of this Article shall apply to:
(1) Occupational licensing agencies.
(2) The State Banking Commission, the Commissioner of Banks, andthe Credit Union Division of the Department of Commerce.
(3) The Department of Insurance and the Commissioner ofInsurance.
(4) The State Chief Information Officer in the administration ofthe provisions of Article 3D of Chapter 147 of the General Statutes.
(5) The North Carolina State Building Code Council.
(b) Prior to any agency action in a contested case, the agencyshall give the parties in the case an opportunity for a hearing without unduedelay and notice not less than 15 days before the hearing. Notice to theparties shall include:
(1) A statement of the date, hour, place, and nature of thehearing;
(2) A reference to the particular sections of the statutes andrules involved; and
(3) A short and plain statement of the facts alleged.
(c) Notice shall be given personally or by certified mail. Ifgiven by certified mail, notice shall be deemed to have been given on thedelivery date appearing on the return receipt. If notice cannot be givenpersonally or by certified mail, then notice shall be given in the mannerprovided in G.S. 1A‑1, Rule 4(j1).
(d) A party who has been served with a notice of hearing mayfile a written response with the agency. If a written response is filed, a copyof the response must be mailed to all other parties not less than 10 days beforethe date set for the hearing.
(e) All hearings conducted under this Article shall be open tothe public. A hearing conducted by the agency shall be held in the county wherethe agency maintains its principal office. A hearing conducted for the agency byan administrative law judge requested under G.S. 150B‑40 shall be held ina county in this State where any person whose property or rights are thesubject matter of the hearing resides. If a different venue would promote theends of justice or better serve the convenience of witnesses, the agency or theadministrative law judge may designate another county. A person whose propertyor rights are the subject matter of the hearing waives his objection to venueif he proceeds in the hearing.
(f) Any person may petition to become a party by filing withthe agency or hearing officer a motion to intervene in the manner provided byG.S. 1A‑1, Rule 24. In addition, any person interested in a contestedcase under this Article may intervene and participate to the extent deemedappropriate by the agency hearing officer.
(g) When contested cases involving a common question of law orfact or multiple proceedings involving the same or related parties are pendingbefore an agency, the agency may order a joint hearing of any matters at issuein the cases, order the cases consolidated, or make other orders to reducecosts or delay in the proceedings.
(h) Every agency shall adopt rules governing the conduct ofhearings that are consistent with the provisions of this Article. (1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c. 1022, s. 6(3); 1989,c. 76, s. 30; c. 751, s. 7(45); 1991 (Reg. Sess., 1992), c. 959, s. 76; 1999‑434,s. 17; 2001‑141, s. 8; 2001‑193, s. 12; 2001‑487, s. 21(h).)
(a) The provisions of this Article shall apply to:
(1) Occupational licensing agencies.
(2) The State Banking Commission, the Commissioner of Banks, andthe Credit Union Division of the Department of Commerce.
(3) The Department of Insurance and the Commissioner ofInsurance.
(4) The State Chief Information Officer in the administration ofthe provisions of Article 3D of Chapter 147 of the General Statutes.
(5) The North Carolina State Building Code Council.
(b) Prior to any agency action in a contested case, the agencyshall give the parties in the case an opportunity for a hearing without unduedelay and notice not less than 15 days before the hearing. Notice to theparties shall include:
(1) A statement of the date, hour, place, and nature of thehearing;
(2) A reference to the particular sections of the statutes andrules involved; and
(3) A short and plain statement of the facts alleged.
(c) Notice shall be given personally or by certified mail. Ifgiven by certified mail, notice shall be deemed to have been given on thedelivery date appearing on the return receipt. If notice cannot be givenpersonally or by certified mail, then notice shall be given in the mannerprovided in G.S. 1A‑1, Rule 4(j1).
(d) A party who has been served with a notice of hearing mayfile a written response with the agency. If a written response is filed, a copyof the response must be mailed to all other parties not less than 10 days beforethe date set for the hearing.
(e) All hearings conducted under this Article shall be open tothe public. A hearing conducted by the agency shall be held in the county wherethe agency maintains its principal office. A hearing conducted for the agency byan administrative law judge requested under G.S. 150B‑40 shall be held ina county in this State where any person whose property or rights are thesubject matter of the hearing resides. If a different venue would promote theends of justice or better serve the convenience of witnesses, the agency or theadministrative law judge may designate another county. A person whose propertyor rights are the subject matter of the hearing waives his objection to venueif he proceeds in the hearing.
(f) Any person may petition to become a party by filing withthe agency or hearing officer a motion to intervene in the manner provided byG.S. 1A‑1, Rule 24. In addition, any person interested in a contestedcase under this Article may intervene and participate to the extent deemedappropriate by the agency hearing officer.
(g) When contested cases involving a common question of law orfact or multiple proceedings involving the same or related parties are pendingbefore an agency, the agency may order a joint hearing of any matters at issuein the cases, order the cases consolidated, or make other orders to reducecosts or delay in the proceedings.
(h) Every agency shall adopt rules governing the conduct ofhearings that are consistent with the provisions of this Article. (1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c. 1022, s. 6(3); 1989,c. 76, s. 30; c. 751, s. 7(45); 1991 (Reg. Sess., 1992), c. 959, s. 76; 1999‑434,s. 17; 2001‑141, s. 8; 2001‑193, s. 12; 2001‑487, s. 21(h).)
(a) The provisions of this Article shall apply to:
(1) Occupational licensing agencies.
(2) The State Banking Commission, the Commissioner of Banks, andthe Credit Union Division of the Department of Commerce.
(3) The Department of Insurance and the Commissioner ofInsurance.
(4) The State Chief Information Officer in the administration ofthe provisions of Article 3D of Chapter 147 of the General Statutes.
(5) The North Carolina State Building Code Council.
(b) Prior to any agency action in a contested case, the agencyshall give the parties in the case an opportunity for a hearing without unduedelay and notice not less than 15 days before the hearing. Notice to theparties shall include:
(1) A statement of the date, hour, place, and nature of thehearing;
(2) A reference to the particular sections of the statutes andrules involved; and
(3) A short and plain statement of the facts alleged.
(c) Notice shall be given personally or by certified mail. Ifgiven by certified mail, notice shall be deemed to have been given on thedelivery date appearing on the return receipt. If notice cannot be givenpersonally or by certified mail, then notice shall be given in the mannerprovided in G.S. 1A‑1, Rule 4(j1).
(d) A party who has been served with a notice of hearing mayfile a written response with the agency. If a written response is filed, a copyof the response must be mailed to all other parties not less than 10 days beforethe date set for the hearing.
(e) All hearings conducted under this Article shall be open tothe public. A hearing conducted by the agency shall be held in the county wherethe agency maintains its principal office. A hearing conducted for the agency byan administrative law judge requested under G.S. 150B‑40 shall be held ina county in this State where any person whose property or rights are thesubject matter of the hearing resides. If a different venue would promote theends of justice or better serve the convenience of witnesses, the agency or theadministrative law judge may designate another county. A person whose propertyor rights are the subject matter of the hearing waives his objection to venueif he proceeds in the hearing.
(f) Any person may petition to become a party by filing withthe agency or hearing officer a motion to intervene in the manner provided byG.S. 1A‑1, Rule 24. In addition, any person interested in a contestedcase under this Article may intervene and participate to the extent deemedappropriate by the agency hearing officer.
(g) When contested cases involving a common question of law orfact or multiple proceedings involving the same or related parties are pendingbefore an agency, the agency may order a joint hearing of any matters at issuein the cases, order the cases consolidated, or make other orders to reducecosts or delay in the proceedings.
(h) Every agency shall adopt rules governing the conduct ofhearings that are consistent with the provisions of this Article. (1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c. 1022, s. 6(3); 1989,c. 76, s. 30; c. 751, s. 7(45); 1991 (Reg. Sess., 1992), c. 959, s. 76; 1999‑434,s. 17; 2001‑141, s. 8; 2001‑193, s. 12; 2001‑487, s. 21(h).)
