26 NCAC 03 .0127             ADMINISTRATIVE LAW JUDGE'S DECISION

(a)  An administrative law judge shall issue a decision or order in a contested case within 45 days after the later of the date the administrative law judge receives any proposed findings of fact and written arguments submitted by the parties and the date the contested case hearing ends.  The administrative law judge shall serve a copy of the decision on each party.  When an administrative law judge issues a decision, the Office of Administrative Hearings shall promptly serve a copy of the official record on the agency making the final decision by hand delivery or certified mail.

(b)  An administrative law judge's decision shall be based exclusively on:

(1)           competent evidence and arguments presented during the hearing and made a part of the official record;

(2)           stipulations of fact;

(3)           matters officially noticed;

(4)           any proposed findings of fact and written arguments submitted by the parties under Paragraph (g) of Rule .0119 of this Section; and

(5)           other items in the official record that are not excluded by G.S. 150B‑29(b).

(c)  An administrative law judge's decision shall fully dispose of all issues required to resolve the case and shall contain:

(1)           a caption;

(2)           the appearances of the parties;

(3)           a statement of the issues;

(4)           references to specific statutes or rules at issue;

(5)           findings of fact;

(6)           conclusions of law based on the findings of fact and applicable constitutional principles, statutes, rules, or federal regulations;

(7)           in the discretion of the administrative law judge, a memorandum giving reasons for his findings of fact and conclusions of law;

(8)           a statement identifying the agency that will make the final decision; and

(9)           a statement that each party has the right to file exceptions to the administrative law judge's decision with the agency making the final decision and has the right to present written arguments on the decision to the agency making the final decision.

(d)  The chief administrative law judge may extend the 45‑day time limit for issuing a decision.  An administrative law judge who needs an extension must submit a request for extension to the chief administrative law judge before the 45‑day period has expired.

 

History Note:        Authority G.S. 7A-751(a); 150B‑34;

Eff. August 1, 1986;

Temporary Amendment Eff. August 26, 1987 For a Period of 120 Days to Expire on December 24, 1987;

Temporary Amendment Eff. December 24, 1987 For a Period of 8 Days to Expire on January 1, 1988;

Amended Eff. February 1, 1994; October 1, 1991; April 1, 1990; January 1, 1989;

Recodified from Rule .0126 Eff. August 1, 2000;

Amended Eff. April 1, 2001.