North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 05 - AGING - GENERAL PROVISIONS
Subchapter E - DIVISION HEARINGS
Section .0100 - GENERAL
Section 05E .0114 - FAILURE TO APPEAR AT HEARING

Universal Citation: 10A NC Admin Code 05E .0114

Current through Register Vol. 39, No. 6, September 16, 2024

(a) A party to a decision review hearing may waive the right to be present during any portion of the proceedings. The waiver must be knowingly and intelligently made by the party or his designated representative.

(b) If a party served with notice of hearing fails to appear at a scheduled hearing without having waived his right to be present, the Hearing Officer may:

(1) proceed with the hearing in the party's absence;

(2) order a continuance or like disposition;

(3) enter an order of default; or

(4) deny review of the decision.

Authority G.S. 143B-10; 143B-138; 143B-181.1; 42 U.S.C., Sec. 3027(a)(5);
45 C.F.R., Part 1321; 45 C.F.R., Part 74, Appendix G;
Eff. October 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.

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