- (a) When an administrative law judge conducts a hearing pursuant to G.S. 150B‑40(e), a "proposal for decision" shall be rendered to the Board by the N.C. Office of Administrative Hearings. The parties may file written exceptions to this "proposal for decision" and submit to the Board their own proposed findings of fact and conclusions of law. The exceptions and alternative proposals shall be submitted to the Board within 10 days after the party has been served with the "proposal for decision."
- (b) Any exceptions shall be written and shall refer specifically to pages of the record or otherwise precisely identify the occurrence to which exception is taken. The written exceptions shall bear the notation: EXCEPTIONS TO THE PROCEEDINGS IN THE CASE OF (name of case).
- (c) Any party may present oral and written argument to the Board upon request, pursuant to G.S. 150B-40(e). The requests must be included with the written exceptions.
- (d) Upon receipt of request for further oral argument, the Board shall issue notice to all parties designating the time and place for such oral argument.
- (e) The Board's final decision shall be a part of the record and shall be served on the parties in accordance with G.S. 150B-42. 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 G.S. 83A‑6; 150B‑38; 150B‑40;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015;
Readopted Eff. June 1, 2026.