North Carolina Administrative Code Title 26 - ADMINISTRATIVE HEARINGS
Overview: North Carolina Administrative Code (NCAC) Title 26 – Administrative Hearings
Title 26 of the NC Administrative Code governs the procedures and rules for administrative hearings conducted by various state agencies in North Carolina. Administrative hearings are quasi-judicial processes used to resolve disputes involving the rights, duties, or privileges of individuals or entities under state law.
Purpose of Title 26 – Administrative Hearings
The primary objectives of Title 26 are to:
Establish uniform procedures for conducting fair and impartial administrative hearings.
Protect the due process rights of parties involved.
Define the roles and responsibilities of administrative law judges (ALJs) and hearing officers.
Ensure transparency, consistency, and efficiency in the administrative adjudication process.
Provide mechanisms for appeal and review of administrative decisions.
Scope and Applicability
Title 26 applies to hearings conducted by state agencies unless otherwise provided by statute.
It covers contested cases involving licensing, regulatory enforcement, benefits determinations, and other administrative matters.
Agencies may adopt supplemental rules consistent with Title 26.
Key Components of Title 26
1. Notice of Hearing
Agencies must provide timely and adequate notice to all parties.
Notice includes time, place, nature of the hearing, and a statement of issues.
2. Representation and Rights of Parties
Parties have the right to appear personally or through counsel.
They may present evidence, call witnesses, and cross-examine opposing witnesses.
Pro se representation (self-representation) is permitted.
3. Hearing Procedures
Hearings are generally open to the public unless confidentiality is required.
The presiding ALJ controls the conduct of the hearing.
Formal rules of evidence may be relaxed, but the record must be sufficient for review.
4. Evidence and Record
Evidence must be relevant and material.
The hearing must be recorded verbatim (stenographic or electronic).
The administrative record includes all pleadings, evidence, and rulings.
5. Decisions and Orders
ALJs issue recommended or final decisions based on the record.
Decisions must include findings of fact and conclusions of law.
Orders must be served on all parties.
6. Appeals and Review
Parties may petition for reconsideration within the agency.
Judicial review is available under the North Carolina Administrative Procedure Act (NCAPA).
Courts review the agency’s decision for legality, procedural fairness, and substantial evidence.
Interaction with Case Law
Court decisions interpreting Title 26 and related statutes often address:
1. Due Process in Administrative Hearings
Courts require agencies to provide notice and an opportunity to be heard before depriving a party of rights or property.
Procedural safeguards include timely notice, impartial adjudicators, and an adequate record.
Case principle:
Failure to provide proper notice or a fair hearing can result in reversal of agency decisions.
2. Standard of Review
Courts generally apply the “substantial evidence” standard in reviewing agency findings of fact.
Legal conclusions are reviewed de novo (fresh review).
Agencies’ interpretations of statutes or rules receive deference if reasonable.
3. Scope of Agency Authority
Courts ensure agencies act within their statutory authority.
Decisions beyond the agency’s jurisdiction are invalid.
4. Admissibility of Evidence
While Title 26 allows relaxed evidentiary standards, courts require that decisions be supported by reliable and probative evidence.
Agencies cannot base decisions on hearsay without opportunity for cross-examination.
Hypothetical Case Example
A licensed contractor challenges the suspension of their license by a state agency.
The hearing was held without timely notice.
The court finds a due process violation because the contractor was not given an opportunity to prepare or appear.
The suspension is overturned, and the agency is ordered to provide a proper hearing.
Summary
North Carolina Administrative Code Title 26 provides a comprehensive framework for the conduct of administrative hearings by state agencies, emphasizing:
Fairness and due process.
Clear procedural rules.
Rights of parties to present evidence and be heard.
Transparent decision-making.
Opportunity for appeal and judicial review.
Case law reinforces these principles by reviewing agency adherence to procedural fairness, evidentiary standards, and statutory authority.
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