26 N.C. Admin. Code 3.0114

Current through Register Vol. 39, No. 11, December 2, 2024

Section 03 .0114 - SANCTIONS

(a) If a party fails to appear at a hearing or fails to comply with an interlocutory order of an administrative law judge, the administrative law judge may:

(1) Find that the allegations of or the issues set out in the notice of hearing or other pleading may be taken as true or deemed proved without further evidence;

(2) Dismiss or grant the motion or petition;

(3) Suppress a claim or defense; or

(4) Exclude evidence.

(b) In the event that any party or attorney at law or other representative of a party engages in behavior that obstructs the orderly conduct of proceedings or would constitute contempt if done in the General Court of Justice, the administrative law judge presiding may enter a show cause order returnable in Superior Court for contempt proceedings in accordance with G.S. 150B-33(b)(8).

26 N.C. Admin. Code 03 .0114

Authority G.S. 150B-25(a); 150B-33(b)(8),(10);
Eff. August 1, 1986;
Amended Eff. January 1, 1989; November 1, 1987; March 1, 1987;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

Authority G.S. 150B-25(a); 150B-33(b)(8),(10);
Eff. August 1, 1986;
Amended Eff. January 1, 1989; November 1, 1987; March 1, 1987.