The Director of the Division of Public Health shall designate a representative who did not participate in taking the action under appeal to be the hearing officer. The hearing officer shall:

(1) preside over the informal proceeding;

(2) ensure that all relevant issues are considered;

(3) request, receive and insert into the hearing record all evidence determined necessary to reach a decision;

(4) conduct the meeting in accordance with due process and ensure an orderly hearing; and

(5) order, if relevant and necessary, an independent medical assessment or professional evaluation for the appellant from a source mutually satisfactory to all parties to the hearing;

(6) issue a decision.

History Note: Authority G.S. 130A-361; 150B-22; 42 U.S.C. 1786; 7 C.F.R. 246.9;

Eff. July 1, 1981;

Amended Eff. July 1, 1995; July 1, 1987;

Temporary Amendment Eff. July 1, 2002.