CHAPTER 1 ‑ GENERAL

 

SECTION .0100 ‑ GENERAL

 

26 ncac 01 .0101                LOCATION

(a) The principal office of the Office of Administrative Hearings is located at 1711 New Hope Church Road, Raleigh, North Carolina. The mailing address is 6714 Mail Service Center, Raleigh, NC 27699-6714.

(b) Forms and information about the office may be obtained from the agency's website at: www.oah.state.nc.us.

 

History Note: Authority G.S. 7A-751(a);

Eff. January 1, 1991;

Amended Eff. October 1, 2008; August 1, 2000; December 1, 1999; April 1, 1991.

26 NCAC 01 .0102                OFFICE HOURS: FILING OF DOCUMENTS

 

History Note: Authority G.S. 150B‑11;

Eff. January 1, 1991;

Repealed Eff. July 1, 1998.

 

 

 

26 NCAC 01 .0103                COST TO PUBLIC

(a) Copies of any public documents filed in the Office of Administrative Hearings are available at the "actual cost" as defined in G.S. 132-6.2(b) for making the copy and mailing cost if applicable. OAH shall provide its "actual cost" on the OAH website.

(b) Certified copies of any public document filed in the Office of Administrative Hearings are available at a cost of one dollar ($1.00) per certification in addition to any other applicable cost for the public document.  Electronic copy certification is not available.

(c) Transcripts are available of contested case hearings. Procedures for requesting and costs of transcripts are in 26 NCAC 3 .0123.

(d) Copies of recordings are available in the original recording format and media only.

(e) Video conferencing fees including cancellation fees shall be paid by the requesting party.  The video conferencing fees are set at the rates established by the Office of Information Technology Services (ITS).

(f) North Carolina sales tax shall be added if applicable.

(g) There is no charge to the requesting party unless the total charge is equal to or exceeds three dollars ($3.00).

 

History Note: Authority G.S. 132-6.2; 150B-19; 150B-21.25; 150B-37;

Eff. August 1, 1986;

Amended Eff. April 1, 1990; January 1, 1989;

Recodified from 26 NCAC 1 .0001 Eff. January 1, 1991;

Amended Eff. April 1, 2009; May 1, 2001; August 1, 2000; February 1, 1994; August 2, 1993.

 

26 NCAC 01 .0104                EMPLOYEE INSURANCE COMMITTEE

(a) The Employee Insurance committee of the Office of Administrative Hearings shall be constituted pursuant to G.S. 58‑31‑60, to make insurance available to employees through payroll deduction.

(b) Advertisement for submission of proposals shall be published in the following newspapers: Raleigh News and Observer, Charlotte Observer, Asheville Citizen‑Times and the Wilmington Star.

(c) Any Insurer wishing to make a presentation to the committee must submit a written proposal outlining its plan no less than 30 days prior to the date of the committee meeting.

(d) All proposals shall be sent to the committee addressed as follows: Chairman, Employee Insurance Committee, Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.

 

History Note: Authority G.S. 7A-751(a); 58‑31‑60;

Eff. February 1, 1987;

Recodified from 26 NCAC 1 .0003 Eff. January 1, 1991;

Amended Eff. December 1, 1999; April 1, 1991; January 1, 1991.

 

 

 

 

 

SECTION .0200 ‑ PETITION FOR RULE‑MAKING ‑ DECLARATORY RULINGS

 

26 NCAC 01 .0201                INSTRUCTIONS FOR FILING A PETITION FOR RULE‑MAKING

(a) Any person may petition the Office of Administrative Hearings (OAH) to adopt a new rule, or amend or repeal an existing rule by submitting a rule‑making petition to OAH. The petition must be titled "Petition for Rule‑making" and must include the following information:

(1) the name and address of the person submitting the petition;

(2) a citation to any rule for which an amendment or repeal is requested;

(3) a draft of any proposed rule or amended rule;

(4) an explanation of why the new rule or amendment or repeal of an existing rule is requested and the effect of the new rule, amendment, or repeal on the procedures of OAH;

(5) any other information the person submitting the petition considers relevant.

(b) The Director of the Office of Administrative Hearings (Director) must decide whether to grant or deny a petition for rule‑making within 30 days of receiving the petition. In making his decision, the Director will consider the information submitted with the petition and any other relevant information.

(c) When the Director denies a petition for rule‑making, he must send written notice of the denial to the person who submitted the request. The notice must state the reason for the denial. When the Director grants a rule‑making petition, he must initiate rule‑making proceedings and send written notice of the proceedings to the person who submitted the request.

 

History Note: Authority G.S. 150B‑16;

Eff. January 1, 1991.

 

 

 

26 NCAC 01 .0202                DECLARATORY RULINGS: AVAILABILITY

Declaratory rulings pursuant to G.S. 150B‑4 will be issued by the Office of Administrative Hearings upon written request only on the validity of a rule of the Office of Administrative Hearings or on the applicability of a rule or order of the Office of Administrative Hearings to stipulated facts. A declaratory ruling will not be issued on a matter requiring an evidentiary proceeding.

 

History Note: Authority G.S. 150B-4;

Eff. January 1, 1987;

Recodified from 26 NCAC 1 .0002 Eff. January 1, 1991;

Amended Eff. August 2, 1993.