10A N.C. Admin. Code 21A.0302

Current through Register Vol. 39, No. 9, November 1, 2024

Section 21A .0302 - GOOD CAUSE FOR DELAYED HEARINGS

(a) A local appeal hearing under G.S. 108A-79 shall be delayed as provided in G.S. 108-79(e) for good cause.

(b) A State appeal hearing under G.S. 108A-79 may be delayed when there is good cause. The postponement shall not exceed 30 calendar days.

(c) For purposes of this Rule, good cause exists when:

(1) there is a death in the appellant's family;

(2) the appellant or someone in his or her family is ill;

(3) the appellant is unable to obtain representation;

(4) the appellant's representative has a conflict with the scheduled date;

(5) the appellant receives a notice of action proposing a reduction or termination of assistance after the ten business day notice expires;

(6) the appellant is unable to obtain transportation; or

(7) the hearing officer determines that the hearing should be delayed for some other reason in the interests of justice or to promote judicial economy.

10A N.C. Admin. Code 21A .0302

Authority G.S. 108A-54; 108A-54.1B; 108A-79;
Eff. September 1, 1984;
Amended Eff. August 1, 1990;
Readopted Eff. July 1, 2018.

Authority G.S. 108A-54; 108A-79;
Eff. September 1, 1984;
Amended Eff. August 1, 1990.

Readopted by North Carolina Register Volume 33, Issue 03, August 01, 2018 effective 7/1/2018.