Understanding the contested case hearing process is essential for funeral service licensees in North Carolina. This process is governed by specific laws and administrative codes that outline how hearings are conducted, the rights of the licensees, and the procedures that must be followed. In this blog, we’ll break down the key parts of the process, including how notifications are sent, what happens during the hearing, and how to appeal decisions.
Understanding the Basics of Contested Case Hearings
Contested case hearings are formal proceedings that allow individuals to challenge decisions made by licensing boards, in this case, the North Carolina Funeral Service Board. The foundation for these hearings is set forth in North Carolina General Statute 150B-38, which outlines the rights of the licensees and the responsibilities of the licensing entity.
At the heart of this process is the requirement for proper notice. This notice must be provided to the licensee at least fifteen days before the scheduled hearing. The purpose of this notice is to ensure that the licensee has adequate time to prepare their case.
Notifying the licensee is an important first step in a contested hearing. Under Rule 4 of the North Carolina Rules of Civil Procedure, the licensing board must make sure the licensee is properly informed. This can be done by:
- Service by sheriff
- Process server
- Certified mail
The licensee must also confirm that they received the notice. The fifteen-day notice period is the minimum requirement, but many boards often provide longer notice periods to allow for adequate preparation. However, some may adhere strictly to the fifteen-day rule, which can create a tight timeline for the licensee.
Preparing for the Hearing
Once the licensee has received notice, they are required to appear at the designated hearing on the specified date. This is when preparation becomes essential. Given the short notice period, it is advisable for the licensee to start preparing as soon as they receive notice. If necessary, the licensee can request an extension, but it is important not to wait until the last minute to do so.
During the hearing, the licensee will present their case, and the board will consider the evidence and testimonies. The board can either make a decision immediately after the hearing or take additional time to deliberate.
Post-Hearing Procedures
After the hearing, the board has two options:
- They can provide an oral decision to the licensee immediately after the hearing.
- They may choose to deliberate further and send a written notification of their decision later.
If the board decides to issue a decision later, they will typically notify the licensee via email. The licensee will then have fifteen days to submit their own proposed order and any exceptions they wish to raise regarding the board’s decision.
Importance of Proposing Exceptions
This opportunity to propose exceptions is significant. The licensee should take advantage of this by clarifying any misunderstandings or presenting additional evidence that may not have been thoroughly discussed during the hearing. This can be particularly important if there are aspects of the decision that the licensee believes are incorrect or unfair.
The Role of the Full Board
After the licensee submits their proposed order and exceptions, the full board will review all materials, including the original hearing committee’s decision and the licensee’s feedback. The board then has the option to:
- Ratify the original decision made by the hearing committee.
- Modify the decision based on the licensee’s proposed order and exceptions.
It is important to note that often, the full board tends to uphold the recommendations made by the hearing committee. However, there is always a possibility for change, which is why active participation throughout the process is important.
Final Agency Decision and Appeal Options
Once the full board has made its final decision, they must issue a final agency decision. If the licensee disagrees with this decision, they have the right to appeal to the Superior Court. This judicial review allows for a further examination of the case, providing another layer of protection for the licensee’s rights.
It is essential for licensees to understand that while the contested case hearing process can be complex, they have rights and avenues for recourse. Engaging with the process fully and timely can make a significant difference in the outcome.
Conclusion
Going through the contested case hearing process can feel overwhelming for funeral service licensees. However, by understanding the requirements for notification, preparation for hearings, and the importance of proposing exceptions, licensees can advocate effectively for their rights. The final agency decision is not the end; there are always options for appeal. If you have questions or need assistance, consider reaching out to legal professionals who help Licensed NC Funeral Administrators.
*Nothing in this blog establishes an attorney-client relationship. Nothing in this blog is legal advice. If you have any questions, please check out our other blogs and our Youtube channel. You can also call us at 919-521-8810 with questions.