26 NCAC 03 .0102             DEFINITIONS AND CONSTRUCTION

(a)  The definitions contained in G.S. 150B‑2 are incorporated herein by reference.  In addition, the following definitions apply:

(1)           "Chief Administrative Law Judge" means the person appointed according to G.S. 7A‑752.

(2)           "File or Filing" means to place the paper or item to be filed into the care and custody of the chief hearings clerk of the Office of Administrative Hearings, and acceptance thereof by him, except that the administrative law judge may permit the papers to be filed with him in which event the administrative law judge shall note thereon the filing date.  All documents filed with the Office of Administrative Hearings, except exhibits, shall be in duplicate in letter size 8 1/2" by 11".

(3)           "Service or Serve" means personal delivery or, unless otherwise provided by law or rule, delivery by first class United States Postal Service mail or a licensed overnight express mail service, postage prepaid and addressed to the person to be served at his or her last known address.  A Certificate of Service by the person making the service shall be appended to every document requiring service under these Rules.  Service by mail or licensed overnight express mail is complete upon placing the item to be served, enclosed in a wrapper addressed to the person to be served, in an official depository of the United States Postal Service or upon delivery, postage prepaid and wrapped in a wrapper addressed to the person to be served, to an agent of the overnight express mail service.

(b)  The rules of statutory construction contained in Chapter 12 of the General Statutes shall be applied in the construction of these Rules.

History Note:        Authority G.S. 7A‑752; 150B‑11; 150B‑23;

Eff. August 1, 1986;

Amended Eff. October 1, 1991; January 1, 1989; November 1, 1987; September 1, 1986.