1. (a) The Hearing Officer:

   1. (1) shall convene the hearing at the prearranged time and place;
   2. (2) may afford the opportunity for rebuttal and summary comments to either of the presenting parties; and
   3. (3) shall conduct proceedings in an orderly manner.

2. (b) The Hearing Officer:

   1. (1) may limit the total number of persons presenting for the client and area authority or county program; and
   2. (2) may impose time limits for presentations.
3. (c) Either party may be represented by a person or attorney of their choice.

4. (d) Prior to the hearing, the client, or the client's legally responsible person, and the area authority or county program shall:

   1. (1) specify by name and position all individuals who will be present for the hearing;
   2. (2) provide the Hearing Officer with requested information; and
   3. (3) when applicable, ensure that representatives of the parties shall be present at the hearing.
5. (e) The Hearing Officer may address questions to either party.
6. (f) The Hearing Officer may obtain any form of technical assistance or consultation relevant to the appeal.
7. (g) No transcript shall be made and no party shall be allowed to record the proceeding. The Hearing Officer may choose to record the proceeding for his or her own use. A tape so made shall be destroyed after the Hearing Officer issues the Hearing decision.
8. (h) Witnesses shall not be sworn before testifying.

History Note: Authority G.S. 143B-147;
Eff. October 1, 2006;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017;
Amended Eff. May 1, 2024.