(continued)
 

(5) the identity of the party on whose application the subpoena was issued, and the date of issue;

(6) the signature of the presiding officer; and

(7) a return of service form, fully executed, which shows the name and capacity of the person serving the subpoena, the date on which the subpoena was delivered to the person directed to make service, the date on which service was made, the person on whom service was made, the location and manner in which service was made, and the signature of the person making service.

21 NCAC 21 .0604 FINAL DECISIONS IN ADMINISTRATIVE HEARINGS

In all cases heard by the 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. 89E20; 150B11; 150B38; 150B42;
                     Eff. February 1, 1986;
                     Amended Eff. April 1, 1989.

21 NCAC 21 .0605 PROPOSALS FOR DECISIONS

(a) When an administrative law judge conducts a hearing pursuant to G.S. 150B40(e), a "proposal for decision" shall be rendered within 45 days of the hearing pursuant to the Rules of the Office of Administrative Hearings, 26 NCAC 3 .0026. 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 procedures during the hearing, the handling of the hearing by the administrative law judge, rulings on evidence, or any other matters must be written and refer specifically to pages of the record or otherwise precisely identify the occurrence being excepted to. Such exceptions must be filed with the Board within ten days of the receipt of the hearing officer's proposal for decision. The written exceptions should bear the notation: RE EXCEPTIONS TO THE PROCEEDINGS IN THE CASE OF (name of case).
(c) Any party may present further oral arguments to the Board upon request. The request must be included in the written exceptions.
(d) Upon receipt of request for further oral argument, notice will be issued promptly to all parties designating 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 G.S. 89E20; 150B11; 150B38; 150B40;
                    Eff. February 1, 1986;
                    Amended Eff. April 1, 1989.

SECTION .0700 JUDICIAL REVIEW

21 NCAC 21 .0701 RIGHT TO JUDICIAL REVIEW

21 NCAC 21 .0702 MANNER OF SEEKING REVIEW

History Note:  Authority G.S. 834; 89E20; 150B43; 150B45;
                     Eff. February 1, 1986;
                     Repealed Eff. April 1, 1989.