§ 131E‑233. Procedures for appointment; evidence in defense.
(a) The procedure for petitioning the superior court for theappointment of a temporary manager, including service of process shall be inaccordance with the North Carolina Rules of Civil Procedure. If personalservice of a copy of the petition cannot be made with due diligence upon therespondent, service may be made upon the respondent by sending a copy of thesummons and petition to the respondent by registered mail at the respondent'slast known address and by hand‑delivering or mailing a copy to theadministrative or staff person in charge of the facility.
(b) A hearing shall be held on the petition within 20 days ofservice of the petition upon the respondent. Both the Department and the respondentmay present evidence and written and oral argument at the hearing regarding theallegations of the petition. It shall be relevant evidence in defense to apetition that the conditions alleged in the petition do not in fact exist, thatsuch conditions do not exist to the extent alleged, or that such conditionshave been remedied or removed.
(c) (1) Uponpetition by the Department for emergency intervention, a court may order theappointment of an emergency temporary manager after finding that there isreasonable cause to believe that:
a. Conditions or a pattern of conditions exist in the long‑termcare facility that create an immediate substantial risk of death or seriousphysical harm to residents; or
b. The long‑term care facility is closing or intends toclose before the time in which a hearing would ordinarily be scheduled, and:
1. Adequate arrangements for relocating residents have not beenmade, or
2. Quick relocation would not be in the best interest ofresidents.
(2) The court shall appoint an emergency temporary manager toserve until a hearing is conducted in accordance with ordinary procedures andshall direct the temporary manager to make only such changes in administrationas necessary to protect the health or safety of residents until the emergencycondition is resolved.
(3) The court shall schedule a hearing on the appointment of anemergency temporary manager within three days after service of notice of thefiling of the petition. Notice of the filing of the petition and other relevantinformation, including the factual basis of the belief that an emergencytemporary manager is needed shall be served upon the facility as provided inthis Article. The notice shall be given at least 24 hours prior to the hearingof the petition for emergency intervention, except that the court may issue animmediate emergency order ex parte upon a finding as fact that:
a. The conditions specified above exist, and
b. There is likelihood that a resident may suffer irreparableinjury or death if the order is delayed.
The order shall contain a show‑cause notice toeach person upon whom the notice is served directing the person to appearimmediately or at any time up to and including the time for the hearing of thepetition for emergency services and show cause, if any exists, for thedissolution or modification of the order. Unless dissolved by the court forgood cause shown, the emergency order ex parte shall be in effect until thehearing is held on the petition for emergency services. At the hearing, if thecourt determines that the emergency continues to exist, the court may order theprovision of emergency services in accordance with subsections (a) and (b) ofthis section. (1993, c. 390, s.1; 1999‑334, s. 1.11.)
§ 131E‑233. Procedures for appointment; evidence in defense.
(a) The procedure for petitioning the superior court for theappointment of a temporary manager, including service of process shall be inaccordance with the North Carolina Rules of Civil Procedure. If personalservice of a copy of the petition cannot be made with due diligence upon therespondent, service may be made upon the respondent by sending a copy of thesummons and petition to the respondent by registered mail at the respondent'slast known address and by hand‑delivering or mailing a copy to theadministrative or staff person in charge of the facility.
(b) A hearing shall be held on the petition within 20 days ofservice of the petition upon the respondent. Both the Department and the respondentmay present evidence and written and oral argument at the hearing regarding theallegations of the petition. It shall be relevant evidence in defense to apetition that the conditions alleged in the petition do not in fact exist, thatsuch conditions do not exist to the extent alleged, or that such conditionshave been remedied or removed.
(c) (1) Uponpetition by the Department for emergency intervention, a court may order theappointment of an emergency temporary manager after finding that there isreasonable cause to believe that:
a. Conditions or a pattern of conditions exist in the long‑termcare facility that create an immediate substantial risk of death or seriousphysical harm to residents; or
b. The long‑term care facility is closing or intends toclose before the time in which a hearing would ordinarily be scheduled, and:
1. Adequate arrangements for relocating residents have not beenmade, or
2. Quick relocation would not be in the best interest ofresidents.
(2) The court shall appoint an emergency temporary manager toserve until a hearing is conducted in accordance with ordinary procedures andshall direct the temporary manager to make only such changes in administrationas necessary to protect the health or safety of residents until the emergencycondition is resolved.
(3) The court shall schedule a hearing on the appointment of anemergency temporary manager within three days after service of notice of thefiling of the petition. Notice of the filing of the petition and other relevantinformation, including the factual basis of the belief that an emergencytemporary manager is needed shall be served upon the facility as provided inthis Article. The notice shall be given at least 24 hours prior to the hearingof the petition for emergency intervention, except that the court may issue animmediate emergency order ex parte upon a finding as fact that:
a. The conditions specified above exist, and
b. There is likelihood that a resident may suffer irreparableinjury or death if the order is delayed.
The order shall contain a show‑cause notice toeach person upon whom the notice is served directing the person to appearimmediately or at any time up to and including the time for the hearing of thepetition for emergency services and show cause, if any exists, for thedissolution or modification of the order. Unless dissolved by the court forgood cause shown, the emergency order ex parte shall be in effect until thehearing is held on the petition for emergency services. At the hearing, if thecourt determines that the emergency continues to exist, the court may order theprovision of emergency services in accordance with subsections (a) and (b) ofthis section. (1993, c. 390, s.1; 1999‑334, s. 1.11.)
§ 131E‑233. Procedures for appointment; evidence in defense.
(a) The procedure for petitioning the superior court for theappointment of a temporary manager, including service of process shall be inaccordance with the North Carolina Rules of Civil Procedure. If personalservice of a copy of the petition cannot be made with due diligence upon therespondent, service may be made upon the respondent by sending a copy of thesummons and petition to the respondent by registered mail at the respondent'slast known address and by hand‑delivering or mailing a copy to theadministrative or staff person in charge of the facility.
(b) A hearing shall be held on the petition within 20 days ofservice of the petition upon the respondent. Both the Department and the respondentmay present evidence and written and oral argument at the hearing regarding theallegations of the petition. It shall be relevant evidence in defense to apetition that the conditions alleged in the petition do not in fact exist, thatsuch conditions do not exist to the extent alleged, or that such conditionshave been remedied or removed.
(c) (1) Uponpetition by the Department for emergency intervention, a court may order theappointment of an emergency temporary manager after finding that there isreasonable cause to believe that:
a. Conditions or a pattern of conditions exist in the long‑termcare facility that create an immediate substantial risk of death or seriousphysical harm to residents; or
b. The long‑term care facility is closing or intends toclose before the time in which a hearing would ordinarily be scheduled, and:
1. Adequate arrangements for relocating residents have not beenmade, or
2. Quick relocation would not be in the best interest ofresidents.
(2) The court shall appoint an emergency temporary manager toserve until a hearing is conducted in accordance with ordinary procedures andshall direct the temporary manager to make only such changes in administrationas necessary to protect the health or safety of residents until the emergencycondition is resolved.
(3) The court shall schedule a hearing on the appointment of anemergency temporary manager within three days after service of notice of thefiling of the petition. Notice of the filing of the petition and other relevantinformation, including the factual basis of the belief that an emergencytemporary manager is needed shall be served upon the facility as provided inthis Article. The notice shall be given at least 24 hours prior to the hearingof the petition for emergency intervention, except that the court may issue animmediate emergency order ex parte upon a finding as fact that:
a. The conditions specified above exist, and
b. There is likelihood that a resident may suffer irreparableinjury or death if the order is delayed.
The order shall contain a show‑cause notice toeach person upon whom the notice is served directing the person to appearimmediately or at any time up to and including the time for the hearing of thepetition for emergency services and show cause, if any exists, for thedissolution or modification of the order. Unless dissolved by the court forgood cause shown, the emergency order ex parte shall be in effect until thehearing is held on the petition for emergency services. At the hearing, if thecourt determines that the emergency continues to exist, the court may order theprovision of emergency services in accordance with subsections (a) and (b) ofthis section. (1993, c. 390, s.1; 1999‑334, s. 1.11.)
