North Carolina Administrative Code
Title 26 - Administrative Hearings
Chapter 03 - Hearings Division
26 NCAC 03 .0114 - SANCTIONS

26 NCAC 03 .0114 SANCTIONS

(a) If a party fails to appear at a hearing or fails to comply with an interlocutory order of an administrative law judge, the administrative law judge may:

(1) Find that the allegations of or the issues set out in the notice of hearing or other pleading may be taken as true or deemed proved without further evidence;

(2) Dismiss or grant the motion or petition;

(3) Suppress a claim or defense; or

(4) Exclude evidence.

(b) In the event that any party or attorney at law or other representative of a party engages in behavior that obstructs the orderly conduct of proceedings or would constitute contempt if done in the General Court of Justice, the administrative law judge presiding may enter a show cause order returnable in Superior Court for contempt proceedings in accordance with G.S. 150B-33(b)(8).

History Note: Authority G.S. 150B-25(a); 150B-33(b)(8),(10);

Eff. August 1, 1986;

Amended Eff. January 1, 1989; November 1, 1987; March 1, 1987;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

Disclaimer: These regulations may not be the most recent version. North Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.