4 N.C. Admin. Code 24C.0102

Current through Register Vol. 39, No. 9, November 1, 2024

Section 24C .0102 - TIMELINESS EXCEPTION

Timeliness sanctions shall be waived by the Appeals Referee when DES or an agent state representative gives misleading information on appeal rights to a party, if the party:

(1) establishes what he or she was told was misleading and how he or she was misled, pursuant to the procedures in 04 NCAC 24C .0101;

(2) identifies, if possible, the individual who misled him or her; and

(3) establishes that DES did not provide the party with any written instructions contrary to the misleading information with service of the decision being appealed.

04 N.C. Admin. Code 24C .0102

Authority G.S. 96-4; 96-15;
Eff. July 1, 2015;
Amended Eff. July 1, 2018.

Authority G.S. 96-4; 96-15;
Eff. July 1, 2015.

Amended by North Carolina Register Volume 33, Issue 03, August 01, 2018 effective 7/1/2018.