North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 21 - MEDICAL ASSISTANCE ADMINISTRATION
Subchapter A - GENERAL PROGRAM ADMINISTRATION
Section .0300 - APPEALS
Section 21A .0302 - GOOD CAUSE FOR DELAYED HEARINGS

Universal Citation: 10A NC Admin Code 21A .0302

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

(a) A local appeal hearing under G.S. 108A-79 shall be delayed as provided in G.S. 108-79(e) for good cause.

(b) A State appeal hearing under G.S. 108A-79 may be delayed when there is good cause. The postponement shall not exceed 30 calendar days.

(c) For purposes of this Rule, good cause exists when:

(1) there is a death in the appellant's family;

(2) the appellant or someone in his or her family is ill;

(3) the appellant is unable to obtain representation;

(4) the appellant's representative has a conflict with the scheduled date;

(5) the appellant receives a notice of action proposing a reduction or termination of assistance after the ten business day notice expires;

(6) the appellant is unable to obtain transportation; or

(7) the hearing officer determines that the hearing should be delayed for some other reason in the interests of justice or to promote judicial economy.

Authority G.S. 108A-54; 108A-54.1B; 108A-79;
Eff. September 1, 1984;
Amended Eff. August 1, 1990;
Readopted Eff. July 1, 2018.

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