26 NCAC 03 .0105 DUTIES OF THE ADMINISTRATIVE LAW JUDGE
In conjunction with the powers of administrative law judges prescribed by G.S. 150B-33 and G.S. 150B-36, the administrative law judge shall perform the following duties, consistent with law:
(1) Hear and rule on motions;
(2) Grant or deny continuances;
(3) Issue orders regarding prehearing matters, including directing the appearance of the parties at a prehearing conference;
(4) Examine witnesses when deemed necessary to make a complete record and to aid in the full development of material facts in the case;
(5) Make preliminary, interlocutory, or other orders as deemed appropriate;
(6) Grant dismissal when the case or any part thereof has become moot or for other reasons;
(7) Order the State of North Carolina, when it is the losing party as determined by the presiding Administrative Law Judge, to reimburse the filing fee to the petitioner; and
(8) Apply sanctions in accordance with Rule .0114 of this Section.
History Note: Authority G.S. 7A-751(a); 8C-1, Rule 614; 150B-23.2; 150B-33; 150B-36;
Eff. August 1, 1986;
Amended Eff. April 1, 2001; February 1, 1994; November 1, 1987;
Emergency Amendment Eff. October 1, 2009;
Temporary Amendment Eff. December 1, 2009;
Amended Eff. October 1, 2010.