North Carolina § 150B-38 - Scope; hearing required; notice; venue.

§ 150B-38. Scope; hearing required; notice; venue.

The provisions of this Article shall apply to: Occupational licensing agencies. The State Banking Commission, the Commissioner of Banks, and the Credit Union Division of the Department of Commerce. The Department of Insurance and the Commissioner of Insurance. The State Chief Information Officer in the administration of the provisions of Article 15 of Chapter 143B of the General Statutes. The North Carolina State Building Code Council. Repealed by Session Laws 2018-146, s. 4.4(b), effective December 27, 2018. Prior to any agency action in a contested case, the agency shall give the parties in the case an opportunity for a hearing without undue delay and notice not less than 15 days before the hearing. Notice to the parties shall include all of the following: A statement of the date, hour, place, and nature of the hearing. A reference to the particular sections of the statutes and rules involved. A short and plain statement of the facts alleged. Notice shall be given by one of the methods for service of process under G.S. 1A-1, Rule 4(j) or Rule 4(j3). If given by registered or certified mail, by signature confirmation as provided by the United States Postal Service, or by designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, notice shall be deemed to have been given on the delivery date appearing on the return receipt, copy of proof of delivery provided by the United States Postal Service, or delivery receipt. If notice cannot be given by one of the methods for service of process under G.S. 1A-1, Rule 4(j) or Rule 4(j3), then notice shall be given in the manner provided in G.S. 1A-1, Rule 4(j1). A party that has been served with a notice of hearing may file a written response with the agency. If a written response is filed, a copy of the response shall be mailed to all other parties not less than 10 days before the date set for the hearing. All hearings conducted under this Article shall be open to the public. A hearing conducted by the agency shall be held in the county where the agency maintains its principal office. A hearing conducted for the agency by an administrative law judge requested under G.S. 150B-40 shall be held in a county in this State where any person whose property or rights are the subject matter of the hearing resides. If a different venue would promote the ends of justice or better serve the convenience of witnesses, the agency or the administrative law judge may designate another county. A person whose property or rights are the subject matter of the hearing waives an objection to venue by proceeding in the hearing. Any person may petition to become a party by filing with the agency or hearing officer a motion to intervene in the manner provided by G.S. 1A-1, Rule 24. In addition, any person interested in a contested case under this Article may intervene and participate to the extent deemed appropriate by the agency hearing officer. When contested cases involving a common question of law or fact or multiple proceedings involving the same or related parties are pending before an agency, the agency may order a joint hearing of any matters at issue in the cases, order the cases consolidated, or make other orders to reduce costs or delay in the proceedings. Every agency shall adopt rules governing the conduct of hearings that are consistent with the provisions of this Article. Repealed by Session Laws 2021-88, s. 16(c), effective July 22, 2021. History (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); 2010-169, s. 7; 2011-332, s. 2.3; 2015-241, ss. 7A.3, 7A.4(ff); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 4.4(b); 2021-88, s. 16(c).) Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor of Statutes, in subdivision (a)(6), substituted "Bipartisan State Board of Elections and Ethics Enforcement" for "State Board of Elections," and substituted "Article 23 of Chapter 163 A" for "Article 22A of Chapter 163." Subdivision (a)(6), was deleted by Session Laws 2018-146, s. 4.4(b), effective December 27, 2018. Session Laws 2018-146, ss. 3.1(a), (b) and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Editor's Note. - Session Laws 2011-398, s. 58, provides: "The Joint Regulatory Reform Committee shall study the procedural and substantive requirements of administrative hearings conducted under Article 3A of Chapter 150B of the General Statutes. The Committee shall examine the various procedures used by the entities that conduct administrative hearings under Article 3A to identify areas of consistency and inconsistency with the purpose of designing procedures that are applicable to all Article 3A hearings and that ensure that the hearings provide a meaningful opportunity to be heard and for dispute resolution. The Joint Regulatory Reform Committee shall report its findings and recommendations to the 2012 Regular Session of the 2011 General Assembly." Session Laws 2015-241, s. 7A.3, provides, in part: "The Revisor of Statutes may conform names and titles changed by this section and may correct statutory references as required by this section throughout the General Statutes. In making the changes authorized by this section, the Revisor may also adjust subject and verb agreement and the placement of conjunctions." Pursuant to this authority, the Revisor of Statutes substituted "Article 14 of Chapter 143B " for "Article 3D of Chapter 147 " in subdivision (a)(4). Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2010-169, s. 7, effective August 2, 2010, added subdivision (a)(6). Session Laws 2011-332, s. 2.3, effective October 1, 2011, and applicable to notices given on or after that date, rewrote subsection (c). Session Laws 2015-241, s. 7A.4(ff), effective September 18, 2015, added subsection (i). Session Laws 2018-146, s. 4.4(b), effective December 18, 2018, repealed subdivision (a)(6), which read: "The Bipartisan State Board of Elections and Ethics Enforcement in the administration of any investigation or audit under the provisions of Article 23 of Chapter 163A of the General Statutes." Session Laws 2021-88, s. 16(c), effective July 22, 2021, inserted "all of the following” in subsection (b); substituted "party that has” for "party who has,” and "shall be mailed” for "must be mailed” in subsection (d); substituted "an objection” for "his objection,” and "by proceeding” for "if he proceeds” in subsection (e); repealed subsection (i), which read: "Standards adopted by the State Chief Information Officer and applied to information technology as defined in G.S. 143B 1320”; and made stylistic changes. Legal Periodicals. - For note, "Contested Case Hearings Under the North Carolina Administrative Procedure Act: 1985 Rewrite Contains Dual System of Administrative Adjudication," see 64 N.C.L. Rev. 852 (1986). For article, "Expanding the Role of North Carolina State Courts in Resolving Public Housing Disputes," see 33 N.C. Cent. L. Rev. 40 (2010).