§ 150B-21.27 – Minimizing the effects of rules on local budgets.
150B-21.27. Minimizing the effects of rules on local budgets. In adopting permanent rules that would increase or decrease the expenditures or revenues of a unit of local government, the agency shall consider the timing for implementation of the proposed rule as part of the preparation of the fiscal note required by G.S. 150B-21.4(b). If the […]
§ 150B-21.28 – Role of the Office of State Budget and Management.
150B-21.28. Role of the Office of State Budget and Management. The Office of State Budget and Management shall: (1) Compile an annual summary of the projected fiscal impact on units of local government of State administrative rules adopted during the preceding fiscal year. (2) Compile from information provided by each agency schedules of anticipated rule […]
§ 150B-22 – Settlement; contested case.
150B-22. Settlement; contested case. (a) It is the policy of this State that any dispute between an agency and another person that involves the person’s rights, duties, or privileges, including licensing or the levy of a monetary penalty, should be settled through informal procedures. In trying to reach a settlement through informal procedures, the agency […]
§ 150B-22.1 – Special education petitions.
150B-22.1. Special education petitions. (a) Notwithstanding any other provision of this Chapter, timelines and other procedural safeguards required to be provided under IDEA and Article 9 of Chapter 115C of the General Statutes must be followed in an impartial due process hearing initiated when a petition is filed under G.S. 115C-109.6 with the Office of […]
§ 150B-23 – Commencement; assignment of administrative law judge; hearing required; notice; intervention.
150B-23. Commencement; assignment of administrative law judge; hearing required; notice; intervention. (a) A contested case shall be commenced by paying a fee in an amount established in G.S. 150B-23.2 and by filing a petition with the Office of Administrative Hearings and, except as provided in Article 3A of this Chapter, shall be conducted by that […]
§ 150B-23.1 – Mediated settlement conferences.
150B-23.1. Mediated settlement conferences. (a) Purpose. – This section authorizes a mediation program in the Office of Administrative Hearings in which the chief administrative law judge may require the parties in a contested case to attend a prehearing settlement conference conducted by a mediator. The purpose of the program is to determine whether a system […]
§ 150B-23.2 – Fee for filing a contested case hearing.
150B-23.2. Fee for filing a contested case hearing. (a) Filing Fee. – In every contested case commenced in the Office of Administrative Hearings by a person aggrieved, the petitioner shall pay a filing fee, and the administrative law judge shall have the authority to assess that filing fee against the losing party, in the amount […]
§ 150B-23.3 – Electronic filing.
150B-23.3. Electronic filing. In addition to any other method specified in G.S. 150B-23, documents filed and served in a contested case may be filed and served electronically by means of an Electronic Filing Service Provider. For purposes of this section, the following definitions apply: (1) "Electronic filing" means the electronic transmission of the petition, notice […]
§ 150B-21.18 – North Carolina Administrative Code.
150B-21.18. North Carolina Administrative Code. The Codifier of Rules must compile all rules into a Code known as the North Carolina Administrative Code. The format and indexing of the Code must conform as nearly as practical to the format and indexing of the North Carolina General Statutes. The Codifier must publish printed copies of the […]
§ 150B-21.19 – Requirements for including rule in Code.
150B-21.19. Requirements for including rule in Code. To be acceptable for inclusion in the North Carolina Administrative Code, a rule must: (1) Cite the law under which the rule is adopted. (2) Be signed by the head of the agency or the rule-making coordinator for the agency that adopted the rule. (3) Be in the […]