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NOTICE: Due to the state of emergency that has been declared by North Carolina’s Governor in response to the COVID-19 crisis, the Director of the Office of Administrative Hearings (OAH) has invoked the emergency waiver found in 26 NCAC 01 .0105 for the purpose of waiving all time limitations contained in all Sections of 26 NCAC Chapter 03 – Hearings Division, except 26 NCAC 03 .0127 (This time limitation in 26 NCAC 03 .0127 applies only to administrative law judges). This waiver applies to all contested cases now pending and hereafter filed at OAH until this waiver is revoked.
The Office of Administrative Hearings is proposing to amend 26 NCAC 01 .0103, Cost to Public and 26 NCAC 03 .0123, Official Record. The proposed rules will be published in Register Issue 35-20 on April 15, 2021.
Notice of Text and Rule:
NC Office of Administrative Hearings
An independent forum for prompt and impartial resolution of administrative law contested cases involving citizens and state agencies, investigation of alleged unlawful employment practices in state government, and codifying administrative rules.
Learn more about NC OAH
Civil Rights Division
A forum for investigating allegations of employment and housing discrimination based on race, color, sex, religion, national origin, age, disability, retaliation, physical or mental handicaps, or family status, filed by citizens of North Carolina.
Learn more about the Civil Rights Division
Hearings Division
A forum for an independent hearing before an administrative law judge when a dispute with a state agency involving a person's rights, duties or privileges cannot be resolved through informal procedures.
Learn more about the Hearings Division
Rules Division
Performs legal analysis and administrative and technical work in the review, compilation, and publication of the NC Register and the NC Administrative Code; and provides administrative support and legal counsel to the Rules Review Commission.
Learn more about the Rules Division
PROCEDURAL RULES THAT APPLY TO CONTESTED CASES IN COUNTY COURTHOUSES
Three of North Carolina’s Administrative Law Judges have chambers in county courthouses outside of Wake County. Judge J. Randall May is the resident administrative law judge in the High Point, Guilford County Courthouse. Judge Selina Malherbe is the resident administrative law judge in the Mecklenburg County Courthouse. Judge David F. Sutton is the resident administrative law judge in the Haywood County Courthouse. When contested cases are scheduled to be heard in these courthouses, the emergency crisis administrative orders and protocols issued by the Senior Resident Superior Court judges in those counties control. These orders and protocols supersede the directives issued by the Chief Administrative Law Judge for the Raleigh headquarters of the Office of Administrative Hearings. You may find a copy of the Administrative Orders governing those counties respectively at one of the following links: Guilford County, Haywood County and Mecklenburg County
In addition, when contested cases are scheduled to be heard in any of North Carolina’s one hundred counties, the emergency crisis administrative orders and protocols of the respective Senior Resident Superior Court judge controls all aspects of the hearings in those county courthouses. These emergency orders can be found on the website of the North Carolina Administrative Office of the Courts at the following link: https://www.nccourts.gov/locations
North Carolina Human Relations Commission
The NC Human Relations Commission provides services and programs aimed at improving relationships among all citizens of the state, while seeking to ensure equal opportunities in the areas of employment, housing, public accommodations, recreation, education, justice and governmental services.
Rules Review Commission
The Rules Review Commission (RRC) is the executive agency created by the General Assembly in 1986 and is charged with reviewing and approving rules adopted by state agencies. The statutory authority for the RRC is found in two places. The authority for the RRC itself is G.S. 143B-30.1 and following. The Commission’s substantive review procedures are set by the General Assembly and are codified in the Administrative Procedure Act, Chapter 150B, Articles 1 and 2A.
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Our Mission
To serve the citizens of North Carolina with quality and efficiency by providing an independent forum for prompt and impartial resolution of administrative law contested cases involving citizens and state agencies; functioning as the State’s codifier, publisher, and reviewer of all administrative rules; and investigating alleged acts of unlawful discrimination in employment and housing.
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