SECTION
.0700 ‑ Administrative Hearings: Decisions: Related Rights
.0701 Failure
to Appear
(a)
Continuances and adjournments will be granted only in compelling circumstances.
(b)
Should a party fail to appear at a hearing or fail to appear following the granting
of a continuance or adjournment, the hearing will be conducted in the party's
absence.
(c)
If a hearing is conducted and a decision is reached in an administrative
hearing in the absence of a party, that party may file a written petition with
the Board for a reopening of the case.
(d)
Petitions for reopening a case will not be granted except when the petitioner
can show that the reasons for his failure to appear were justifiable and
unavoidable and that fairness requires reopening the case. Such petitions,
however, will have no effect on the running of the 30‑day period for
seeking judicial review, which starts from the day the party is served with the
final decision.
History Note: Authority G.S. 90‑185; 150B‑11; 150B‑38;
150B‑40;
Eff.
Readopted Eff.
Amended Eff.
.0702 Witnesses
Any
party may be a witness and may present witnesses on the party's behalf at the
hearing. All oral testimony at the hearing shall be under oath or affirmation
and shall be recorded or transcribed. At the request of a party or upon the
Board's own motion, the presiding officer may exclude witnesses from the
hearing room so that they cannot hear the testimony of other witnesses.
History Note: Authority
Eff.
Readopted Eff.
Amended Eff.
.0703 Subpoenas
(a)
Any person receiving a subpoena from the Board may object thereto by filing a
written objection to the subpoena with the Board's office.
(b)
Such objection shall include a concise, but complete, statement of reasons why
the subpoena should be revoked or modified.
(c)
Any such objection to a subpoena shall be served on the party who requested the
subpoena simultaneously with the filing of the objection with the Board.
(d)
The party who requested the subpoena, in such time as may be granted by the
Board, may file a written response to the objection. The written response shall
be served by the requesting party on the objecting witness simultaneously with
filing the response with the Board.
(e)
After receipt of the objection and response thereto, if any, the Board shall
issue a notice to the party who requested the subpoena and the party
challenging the subpoena, and may notify any other party or parties of an open
hearing, to be scheduled as soon as practicable, at which time evidence and
testimony may be presented, limited to the narrow questions raised by the
objection and response.
(f)
Promptly after the close of such hearing, the majority of the Board members
hearing the contested case shall rule on the challenge and issue a written
decision. A copy of the decision shall be issued to all parties and made a part
of the record.
History Note: Authority G.S. 90‑185; 150B‑38; 150B‑39;
Eff.
Readopted Eff.
Amended Eff.
.0704 Final
Decision
In
all cases heard by the Veterinary Medical Board, the Board will issue its
decision within 60 days after its next regularly scheduled meeting following
the close of the hearing. This decision will be the prerequisite "final
agency decision" for the right to judicial review.
History Note: Authority G.S. 90‑185; 150B‑11; 150B‑38; 150B‑42;
Eff.
Readopted Eff.
Amended Eff.
.0705 Proposals
for Decisions
(a)
When an administrative law judge conducts a hearing pursuant to G.S. 150B‑40(e),
a "proposal for decision" shall be rendered within 45 days of the
hearing pursuant to the Rules of the Office of Administrative Hearings. The
parties may file written exceptions to this "proposal for decision"
and submit their own proposed findings of fact and conclusions of law. The
exceptions and alternative proposals must be filed within ten days after the
party has received the "proposal for decision" as drafted by the administrative
law judge.
(b)
Any exceptions to the procedure during the hearing, the handling of the hearing
by the administrative law judge, rulings on evidence, or any other matter must
be written and refer specifically to pages of the record or otherwise precisely
identify the occurrence to which exception is taken. The exceptions must be
filed with the Board within ten days of the receipt of the proposal for
decision. The written exceptions must bear the notation: EXCEPTIONS TO THE
PROCEEDINGS IN THE CASE OF (Name of Case).
(c)
Any party may present oral argument to the Board upon request. The request must
be included with the written exceptions.
(d)
Upon receipt of request for further oral argument, notice will be issued
promptly to all parties designating the time and place for such oral argument.
(e)
Giving due consideration to the proposal for decision and the exceptions and
arguments of the parties, the Board may adopt the proposal for decision or may
modify it as the Board deems necessary. The decision rendered will be a part of
the record and a copy thereof given to all parties. The decision as adopted or
modified becomes the "final agency decision" for the right to
judicial review. Said decision will be rendered by the Board within 60 days of
the next regularly scheduled meeting following the oral arguments, if any. If
there are no oral arguments presented, the decision will be rendered within 60
days of the next regularly scheduled Board meeting following receipt of the
written exceptions.
History Note: Authority
Eff.
Readopted Eff.
Amended Eff.
General Statutes Table of
Contents
Administrative Code Table of
Contents