1982-01-18 RM Exhibits
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NEW HANOVER COUNTY
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OFFICE OF THE TAX ADMINISTRATOR
320 CHESTNUT STREET
WILMINGTON, NORTH CAROLINA 28401-4090
Telephone (919) 763-0991
'~II
LARRY J. POWELL
Tax Administrator
NEW HANOVER COUNTY'TAX COLLECTIONS
Collections thru December 31, 1981
1981
Charged Per Scroll
Discoveries Added
$16,411,131.85
2,758,068.63
$19,169,200.48
24,071.55
$19,145,128.93
-12,139,263.68
$ 7,005,865.25
63.41%
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"
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Less Abatements
Total Taxes due New Hanover Co.
Collections to Date
Outstanding Balance
Percentage Collected
Back Taxes
Real Estate Taxes
Less Abatements
Collections to Date
Outstanding Balance
Percentage Collected
$
475,767.69
2,403.81
133,384.34
339,979.54
28.18%
$
Personal Property Taxes
Less Abatements
Collections to Date
Outstanding Balance
Percentage Collected
$
637,438.18
790.54
58,446.62
578,201.02
9.18%
$
.""
1980
$14,147,201.61
2,073,340.85
$16,220,542.46
32,927.98
$16,187,614.48
- 9,124,037.91
$ 7,063,576.57
56.37%
$ 431,682.45
2,175.20
114,460.25
$ 315,047.00
26.65%
$ 541,623.28
1,337.57
51,273.77
$ 489,011.94
9.49%
Total money processed through Collection Office for New Hanover
County, City of Wilmington, Carolina Beach, Kure Beach and Wrights-
vil1e Beach to date - $17,791,559.94.
This report is for fiscal year beginning July 1, 1981.
Respectfully submitted,
:JiG-tYl C~ Q\. f?a~J' y\ ,r-v
Patricia J. RUnor (
Collector of Revenue
PJR: nfb
MEMBER
INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS
t~.u 4I-..~;:J, ~
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MEMOHANDUM
TO:
Mr. Felix Cooper
County Manager _
Larry J;: ~owell,.".jl
Tax Adm1n1strator .
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FROM:
DATE:
January 11, 1982
SUBJECT:
Abatements and Refunds
It appears this month's abatements will set a record for the
largest number of abatements which have ever been processed
within one month. The greatest volume in the past was 368,
however, this month we are processing 574. The reason for this
great increase is due to the information received from the
Department of Motor Vehicles, on vehicles which they stated
were in New Hanover County as of January 1, 1981. Over the
past few years we have found that this listing gets less and
l~ss de~enda~le. For ~980 the listi~~. r~rle~te~,70lrl4 ve~
h1cles 1n th1S county and 84,969 ve]ncles Lor 19tH. 'i I,n OUl
efforts to assure all vehicles were .listed we checkMl ithe list
and forwarded 21,693 notices to individuals that their vehicles
were not listed. From these notices we deleted 7,334 vehicles
which have been sold, junked, traded, wrong name, etc. (Copy
of notice attached). However, many taxpayers did not respond
to the inquiry and now that they have feceived the tax bill they
are making us aware of their problem. This discovery process
usually adds approximately $20 million to the tax base; there-
fore, we must make all attempts to assure the vehicles are
listed.
I am very concerned that the 1982 Motor Vehicle list will be
even less reliable than we have seen this year, as we are now
on the staggered registration system for vehicles. It appears
strong legislation is needed to alleviate this endless checking
and paper-work which is greatly reducing the revenue. It is my
understanding that possible legislation is pending where pro-
perty taxes would be paid at the time of license purchases. If
such legislation is approved, we could save thousands of dollars
in man hours, paperwork, etc. on checking our unreliable in~
format ion,
, NE~ HANOVER COUr-ITY
TAX ADMINISTRATORS UFfICE 320 CHESTNUT STREET WILMINGTO~, N.C. 28401'
EVERY INDIVIDUAL OWNING REAL OR PERSONAL PROPERTY IS REQUIRED TO LIST,
DURING THE MONTH Of JANUARY, WH,A,:f. HE/SHE OWNS A~ OF JANUARy"tS'f Of EAC.H,
YEAR. IN REVIEWING OUR 1981 LISTINGS WE DENOTE THAT YOU DID NOT LIST THE
VEHIClE(S> SHOWN BELew. IF YOU DO NOT TAKE EXCEPTION TO THE LISTED VALUE(S)
WITHIN 30 DAYS FROM NOV. 16, 1981, WE ARE REQUIRED TO CALCULATE TAXES ON
THIS VALUE AND fORwARD YOUR BILL IN DECEMBER. 1981.
CALL 163-8439 FOR ASSISTANCE.
"', ',*
. "--,,....,
DESCRIPTION
VALUE
3000 081032962
SINGLETARY DONNA HAWKINS
153 HINfON AVE
WILMINGTON.. N.C.
68 000 G 4 S
$
100
28403
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Mr. Felix Cooper/Abatements and Refunds
Page 2
January 11, 1982
The following abatements are requested due to incorrect charges
on motor vehiclep:
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2.
Aalam, Elsie Blake
Alford, Jack Arnold
Alford, Sherman Wayne
Allen, Mary Smith
Anderson, Clifton
Anderson, Darlene Parnell
Anderson, James Crawford
Anlar Enterprises
Applewhite, Florence Davis
Arnold, George W.
Arthur, Hobert Earl
Ashcraft, John Geo., Jr.
Ashline, JAmes Allan
ATC Petroleum
Atkinson, Minnie Lucille
Baker, Judith Lynne
Banner, John, Jr.
Barefoot, Rhonda Delayne
Barnes, George Palmer, Jr.
Barnhill, Ricky Warren
Barnhill, Willie Laston
Bass, Slade Albert
Baxley, Marshall Deward
Bender, James Houston
Bennett, John Wayne
Bishop, Carl Edward
Blackard, Dorman Gunner
Blake, Alan Burke, Jr.
Blume, Carl Boyce
Boney, Derald Donnell
Bowen, Inez Marie
Boyd, Harold
Boyd, Ladetta Elno
Boylan, Florence Avery
Bradham, James Lee
Bradley, John Howard III
Branstitter, John Herbert
Bragg, Barbara Nixon
Brihmer, Clarence David, Jr.
Britt, Katherine Leinbach
Brogden, Leon Lafeyette, Jr.
Brown, Albert George
Brown, Earl Morris
Brown, Elenor Dixon
Brown, James Oliver, Jr.
,"'l
$
.95
40.92
17.03
2.00
29.37
39.03
34.06
444.40
10.65
2.55
28.67
1.94
10.18
.95
39.33
107.55
4.50
9.93
94.58
36.84
7.33
9.88
.95
124.17
.95
12.30
] 6.32
. ,I) 7
2.00
25.39
2.00
2.00
2.00
29.57
44.23
10.88
1. 65
60.73
50.38
2.00
1.65
43.31
97.77
35.95
52.03
. Mr. Felix Cboper/Abatements and Refunds
Page 3'
January 11, 1982
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Browning, Hugh
Bryant, Charles Richard
Bullard, Howard Gordon
Burkhardt, Gerald Christopher
Burney, John Jay, Jr.
Business Properties, Inc.
Byrd, Charlie Emerson
Byrd, Wendy Futch
Caison, John David
Calder, Allene Coates
Cape Fear Electric Co., Inc.
Carter, Caleb Lonnie
Carter, Dannie Franklin
Carter, Jeffrey Lynn
Carter, Mary Shackleton
Carty, Arthur Nelson
Carty, Larry Thomas
Carty, Nelson Arthur
Caruso, Lowell Orville
Cason, Adrian
Causey, Daphine Pender
Chahoe, William Edward
Chatfield, Carol Margaret
Chinn, Harry Terence
Church, Caroline Garis
Clark, Franklin Delano
Clayton, William David
Cliette, George Ernest
Cole, Jerry Earl
Collier, James Glen, Jr.
Collini, Charles John
Collins, Charlie Roosevelt
Collins, George Alvin, Sr.
Collins, George Alvin
Collins, Robert Green
Combs, Cecilia Ann
Conyers, Joe, Jr.
Corkran, Michael W. & Susan M.
Cottle., Frederick Lane, Jr.
Cottle, Willie White
Cox, Maria Gray
Cox, William Peter
Crandall, Jacob
Crouch, Walter Lee, Jr.
Cumbee, Richard
Cushing, James E., Jr.
Daley, John Gilbert
Daniel, Edward Norris, Sr.
Dang, Quyet Huu
Daniels, Ernest Ray
Dardon, Adolph, Jr.
Davis, Carl Edward, Jr.
Davis, Cornelia Nixon
Davis, Jack Donald
$
.95
36.31
38.31
39.93
71.68
2.00
20.24
8.04
52.27
35.48
2.00
36.67
.95
1.89
55.81
26.73
31 .46
2.82
31.31
13.60
58.74
1.4 . 43
.95
26.49
.95
15.38
10.41
46.79
42.10
2.00
99.06
79.15
.95
50.85
13.72
31.22
22.90
83.92
.95
.95
50.28
77.47
73.08
256.57
13.96
46.60
2.00
32.64
46.12
9.46
J.50
35. "18
27.91
22.1]
,"'l
(Refund)
Mr. Fe~ix Cooper/Abatements and Hefunds
Page 4
,J an uary 11, 1982
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153.
Davis, James Harriss $
Davis, Margaret Williams
Davis, William Benjamin
Day, Leonard Francis
Dehart, Harry Everette
Dekay, Hobert Mrs.
Delong, Warr~n Fox
Denson, Jo~eph Alton
Derstine, Carl Landes
Devaun, James Edward
De~, Mary Zibelin
Dickens, Donald Cleveland
Dickins, John Shuford, III
Dooley, Colie Luther, Jr.
Doster, George Michael
Dreyvn, Charles John
Duboise, Owen William
Duncan, Charles Wm.
Edens, Jerry Wayne, Jr.
Elledge, William Alexander
Ellis, Bessie Pelt
Ely, Judy Gideon
Erkes, George Richard
Evans, Jane Ina "
Evans, Leroy
Evenson, Norman
Fales, Charles Frederick
Feenstra, Sipke
Figure 8 Beach Homeowners Assoc.
Fincannon, Eliz. Davis
Fisher, Alice Procter
Fisher, Frances Beck
Fisher, William Henry, Jr.
Flack, Jack Thomas
Flores, Mario Kintanar
Floyd, Samuel O.
Fonvielle, Jane Middlebrooks
Fonvielle, John Morriss
Fonvielle, Lloyd William
Ford, Alonzo
Formy-Duvall, Nancy Herring
Fouraker, Mary Jane
Fox, Bradley Charles
Fragos, John Evangelos
Frazier, Sallie Henry
Freas, Luther Wayne, Jr.
Frederick, Thomas Lee, Jr.
Gains, William Hayes III
Gallivan, Timothy J.
Galloway, Michael Anthony
Gardner, Dannie McDonald
Garner, Eddie Vick, Jr.
Gay, Joseph Edward
George, Montell Toney
45.65
39.82
2.00
24.90
103.19
6.33
9.23
1.94
.95
.95
67.20
74.98
21.99
.95
2.69
151.25
8.36
351.24
128.43
62.91
34.85
1.89
1. 65
112.08
.47
2.00
1.65
.95
42. .LO
106.43
24.84
61. /16
70.19
9.96
.95
74.17
57.74
2.00
61.88
19.16
47.30
283.80
105.53
2.00
28.88
.95
40.82
50.38
.95
.95
21.05
65.42
101.06
2.00
(Eefuncl)
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(Hpfund)
Mr. Felix CobperjAbatements and Refunds
Page 5 .
Janumry 11, 1982
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Giles, Charles Eugene $
Glod, Theodore Francis, Jr.
Godwin, Terry Campbell
Goode, Davis Katie M.
Goodman, Daniel
Gore, Shirley Hankins
Gore, Thurman Henry
Graham, Caleatha Thompson
Graham, Deena D.
Gray, James Alton, Sr.
Grady, Kenneth Alfred
Guarino, Lisa
Gurganious, Billy Ray
Gurganus, Orville Earl
Hack, Gary Don
Hansen, A. H., Sr.
I-Iansen, Archibald BanJ cy, Jr.
Hayes, Teresa Kay
Hazelgrove, George Warren
Henderson, Ernest Clifton
Henderson, Eva Mae
Hewett, Kenneth Blake
Hickman, Michael Kennon
Hines, Wade Harold, Jr.
Hobbs, Nancy Statesbury
Hogerty, Thomas Wm.
Hollifield, Dever Astor
Holm, Dorothy Eaglin
Holt, James
Holt, James
Hooft, Cynthia Petty
Hopper, Anna McCord
Horton, Catherine Elizabeth
Houston, Roy Wayne
Howard, Willie Ray, Jr.
Hoyle, Henry Thomas
Hoyle, Mary R. B.
Hoyle, Mary Ruffin
Huckabee, Hobert Edward, Jr.
Huggins, Alice Faye
Hulbert, George Keith
Hutson, Joseph Micha~l
Hutton, William Earl, Sr.
International Longshoremens Assoc.
Jackson, Gerald Wayne
Ja~kson, Michael Dean
James, Hichard David
Jenkins, Bobby Stanley
Jenks, Henry Douglas
Johnson, Dan G. & Ester Byrd
Johnson, Dorothie Ashley
Johnson, John Alexander, Jr.
Johnson, Julian Robert
Johnson, Robert Eugene
Johnson, Vera Midgett
12.30
16.56
50.38
.95
.95
48.02
2.84
.95
.47
2.6J.
34.30
.95
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37.33
21.05
67.15
.47
43.29
43.76
.95
4.73
.95
40.21
2.00
1. 65
68.11
1. 79
.24
7.81
.07
1.82
.95
77.J5
99.82
8.07
88.41
2.00
9.9Ei
69.10
85.86
1.82
:31.69
6.97
27.87
173.72
.95
12.07
40.21
4 /1 . :J 0
2.00
86.21
.95
13.96
100.05
:35.24
17.50
Mr. Felix Cooper/Abatements and Refunds
Page 6
January 11, 1982
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249.
250.
25l.
252.
253.
254.
255.
256.
257.
258.
259.
260.
Johnson, Walter
Johnson, Wilma Dean
Jones, George Hyman
Jones, Sheridan Skipper
Jordan, Henry Davidson
Jordan, Julia Carr
Kay, William Byrd
Kegeris, Joyce Jones
Kellogg, Charles Leon
Kelly, Frank Wilton
Kenan Transport
Kennedy, Janie P.
Kennedy, Timothy David
King. Lee Leon
Kreutzer, Halph
King, Louise Yandle
King, Hoy Lee
King, William Milton
Kinlaw, Acie
Kinlaw, Chatherine Coleman
Kinsly,Norman Lee
Klutz, Edward Carl
Koontz, Edward Lee
Korb, Betty Stroup
Kovach, Terri Sue
Laahs, Hobert Allan
Lambeth, Carter
Lambeth, Jane Hanes
Lancaster, Alfred Timothy
Lane, Randy Lee
Lanier, Mary Brown
Lassiter, Deborah Carpenter
Lee, Gregory Wayne
Lenno~, Alton Yates
Levine, Stephen Paul
Lewis, Jessie Ray
Lewis, Sharon Parks
Lewis, Shirley Thompson
Liz Marie, Inc.
Lorek, Barbara Jean Allen
Mathews, Hansen Stone
Maultsby, Doris Thompson
McAtee, Hubert
McCallock, David Alex
McCalls, R. D., Inc.
McCartney, Marion Walters
McCoy, Patricia WaJker
McCuiston, Walter Rush
McDaniel, Gina Ann
McDowell, Cynthia M.
McKeithan, Joseph Warren
McKinion, Thomas Harold
$
.95
38.31
61.34
.95
.95
12.54
109.51
.95
52.27
11.59
4.73
34.02
11.61
.95
181.19
57.24
"I .73
16.43
2.00
2.00
19.16
44.48
200.75
< r),....,
. ,) {
37.61
29.87
1.49
36.19
14.98
.95
21.76
32.16
.95
149.83
~3. 80
21.76
108.02
102.56
142.3(;
78.38
50.61
37.83
17.42
2.00
1. 00
.Ll7
40.82
118.'J4
13. L] 9
74.17
.95
8.89
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(l1efund)
Mr. Felix Cooper/Abatements and Refunds
Page 7
January 11, 1982
261.
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296.
297.
298.
299.
300.
301.
302.
303.
304.
305.
306.
307.
308.
309.
McKay, Helen Edwards
McLamb Drywall Co.
McLeod, Ben Ray
McNeil, Jessie Mae
MCO Transport Inc.
Medlin, Catherine Guy
Merritt, Ernest Daniel
Meyer, Hobart Jr.
Mickelson, Roger Wiley
Miller, Emily Webb
Miller, James Sr.
Miller, John Wesley
Miller, John Wesley
Miller, Renee Webb
Mincey, Doslie Lee Fisher
Mitchell, John Elton
Mixon, James Joyce
Mizelle, George
Mock, Bernard William & Myra
c/o Molly Benton
Moeslein, Francis Raymond
Moore, Bar~y McCall
Moore, Thomas Edward, Jr.
Moslow, Lance Leroy
Mott, Raymond Gordon
Morizone, Christine
Mr. Davids Coiffures Inc.
Nesbitt, Susie Damon
Newberry, William Alexander
Newkirk, Daisy Lee
Nicholson, Karen Ann
Norman, John Fred II
Nunalee Kenneth Nolan
Oliver, Catherine Zopfi
Oliver, George Alfred
O'Shields Construction Co.
Outerbanks Hammock Co.
Padrick, Bryan Allan
Page, Margaret Helms
Parker, John Bascome Jr,
Parker, Robert Franklin
Pearson, Gertrude
Peoples Savings & Loan
Perilla, George Augustus
Peterson, D. L. Trust
c/o Frank A. McBride,
Phelps, Gloria Jean
Phillips, James Lynwood
Pittman, Ira Kenneth
Pigford, Louis E. etux
Poe, Robert L., Jr.
69.69
27.20
7.81
109.01
17.93
.95
.95
54.16
11.12
.95
166.25
1.82
.91
32.88
32.88
2.00
41.67
43.76
29.57
35.24
2.37
30.04
2.00
2.61
2.00
100.05
.95
4.00
70.68
43.29
63.62
]6.79
18.69
.50
40.21
:35.48
.95
.91
42.10
34.30
76.32
:31.69
2.00
1]3.90
15.61
39.03
47.30
66.07
63.61
,riOj
(Hetund)
Mr. Felix Cooper/Abatements and Refunds
Page 8
January 11, 1982
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'312.
313.
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355.
356.
357.
358.
Polletta, Joseph Thomas
Pound, JameslWilliam
Powell, Sterling E.
Price, Marvin J.
Pruitt, Daniel Vaughn
Raphael, Scott Alan
Ray, Cussell Ernest
Heedy, Nancy Rebecca Crews
Reynolds, Graham Stuart
Reynolds, Isaac The6dore, Jr.
Reinhardt, Lawrence Norman
Rich, Gloria Jean
Hichardson, Bobbie Padrick
Richardson, Wilton Byrd
Ricks, David McArthur
Riggs, David Riley
Hivenbark, Robert A.
Rivenbark, Sharon Smith
Rivenbark, Theodore Christopher,
Hivenbark, William Ronald
Robinson, Eugene Clay,Jr.
Robinson, Isaac
Robinson, Lillie Leslie
Rogers, Luther T., Inc.
Rose, Claudy Linfent
Rose, I. Woodall, Jr.
Rountree, George III
Rountree, Sylvia Henson
Rouse, James Richard
Royal State Const.
Hoyals, William Edward
Ruitto, Michael Sebastian
Rush, Kevin Lamount
Sasser, Robert Glen
Saund~r~,George Elliott
Saunders, George Elliott Jr.
Savage, Susan Paula
Sawdey,Donald Jackie
Sawdey, Jackie Sellers
Schiltz, Charles
Schiavone, Shelvy Blake
Schlechte, Deborah Whitley
Schneider, Allyn Warren
Schneider, Meredith Bishop
Schneider, William Howard
Schul~, Richard Anthony
Moore, Bernard Sugg
Seamster, James Earl
Seymour,., Cynthia Louise
.95
28.62
2.00
24.39
] .89
87.60
.95
93.93
48.96
9.93
79.81
52.27
25.78
"1.09
2.00
2.00
29.10
.95
Sr. 25.5LI
2.00
32.88
5.98
2.00
10.91
1.19
1.52
166.25
15:J.82
2.00
109.26
.95
6.12
.95
.95
.95
48.72
,ol'l
33.35
32.26
8.28
.95
13.72
67.18
25.17
49.50
81.14
31.87
.95
68.70
.95
Mr. Felix Cooper/Abatements and Refunds
Page 9
January ]1, 1982
359.
360.
361.
362.
363.
364.
365.
366.
367.
368.
369.
370.
371.
372.
373.
374.
375.
376.
377.
378.
379.
380.
381.
382.
383.
384.
385.
386.
387.
388.
389.
390.
391.
392.
393.
39LJ.
395.
396.
397.
398.
399.
400.
401.
402.
403.
404.
405.
406.
407.
408.
Seymore, Janie Mays
Shepard, Mic~ael Denison
Shepherd, G~raldine Stokes
Shepard, James Thurman
Simmons, John Allen, Jr.
Skipper, Nathan Richard
Smith, Marion Justice
Smith, Suzanne
Sneeden, Blanche Stanly
Sneeden, Janice Faye
Spencer, Ravon Norman
Sperling, Emil Earl
Squires, Sandra Harper
Stables, Arthur Lee
Stanley, Farren Thomas
Stephens, Ricky Allen
Stokes, James Matthew Sr.
Stolpa, Emily Marie
Stokes, Lyde Barbrey
Strongoski, Joseph Charles
Strongoski, Pennie Watson
Summerlin, Richard Halbert
Pierce, Robert Lynwood
Swartz, James Weaver
Sweet, Fred Worley III
Taylor, Charles Winfield
Taylor, Donovan Jr.
Thomas, Robert Franklin
Thompson, James Aaron
Three D Coping Co.
Tudor, Ralph
Vaughn, Irene Harris
Walker, Beatie Owens
Walker, Richard Henry
Wallace, Helen Burns
Waters, Garrick Randall
Watkins, Honald Woodard
Weatherington, David Letner
Webb, Elloyd
Weiser, Petra Olsen
Wheeler, Charles Kenworthy
Wheeler, Luther
White, Bertha Herring
Wierse, Henry Paul
Williams, Dale Lewis
Williams, Emily Baker,
Williams, Isabel Martin
Williams, Robert Franklin
Williams, Susan Godfrey
Vii 11 iams, Ted
30.75
3.08
.95
6.97
17.74
13.49
24.39
103.45
5.98
.95
49.47
.95
69.77
,""l
.95
.95
53.69
.95
2.00
8.68
1.10
57.95
. . 81
102.45
7.88
77.02
31. 46
23.18
2.94
26.02
2.00
1. 94
27.39
11.35
2 39.43
37.13
12.77
3.77
4.73
2.00
59.73
24.75
55.11
37.33
114.50
67.97
.19
.95
32.64
1.19
1.53
Mr. Felix Cooper/Abatements and Refunds
Page 10
January 11, 1982
409.
410.
411.
412.
413.
414.
415.
416.
417.
418.
419.
420.
421.
422.
Williams, Terry Gene
Williams, Thurman Allen
Williams, William Henry
Wilmington Hospital Supply Co.
Wilson, Harry Russell Jr.
Wilson, John Cornelious
Wilson, Judith Pluta
Wilson, Mary Keveney
Wilson, Mary Sale
Wood, Kathleen Daniel
Wooten, Kenneth Gregory
Yarbrough, Gregory Vestal
Ywaskevic, Walter Bruno
Zorich, Pete Jr.
44.70
1. 00
.47
56.75
26.26
97.56
.95
59.24
32.88
15.1i1
.72
26.26
72.14
24.12
(Hefund)
,...,
Request the following taxes be released as the taxpayers reported
incorrect or incomplete information at the time of listing:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Allen, David Samuel Sr.
Barbour, William David
Bass, Wanda Jo
Bellamy, Annie Grice
Berry, Paula Jean
Beuke, Victoria
Blake, Peggy
Brewer, C. N. Heirs
Brunjes, Terry W.
Bunting, Robert L.
Butler, Frederick E.
Caison, Nickolean Sweet
Cannon, Richard
Carley, Thomas Archibald
Carolina Inlet Marine Inc.
Chadwick, Gary A.
Congleton, Marvin Howard
Corbett, John Monroe
Darcy, John J.
Debnam, Anthony Dale
Domina, Fred H.
Eaton, Arthur Eugene
Evans, Ida L.
F & W Enterprises
Fales, Robert Dr.
Flowers, J. Dwain
Green, Solomon etal
Gurganious, Jerry Wayne
8.58
14.39
TL.90
15.95
23.20
18.49
27.11
12.89
42.45
28.71
50.10
3.41
12.90
35.74
6.67
12.74
25.86
27.91
44.15
7.74
40.0.4
41.76
5.11
127.25
29.40
33.80
24.63
78.08
, I
II
I!
I'
(1980)
(Hefund)
(Eefund)
(Refund)
(1980)
(HeJ\.lnd)
(Refund)
Mr. 2elix Coopei/Abatements and Refunds
Page 11
January 11, 1982
29.
30.
3l.
32.
33.
.34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
Harvey, Jack M. & Constance
Horrell, Charles Barry
Hunt, Charl~s B. etux
Jackson, John
Jenkins, Henry C. Jr.
Johnson, Michael Lee
Johnson, William S.
Klutz, Elizabeth Love
Lardis, Christopher
Lewis, Shirley Garrett
Lockfaw, Merrill G.
Melton, Sara Turner
Mizell Teletypewriter Service
Mobley, John Wm.
Mo~ck, Harry Christen
Morgan, Franklin E.
Moskowitz, Elliot B.
Nadeau, George W.
Neil, Richard W.
c/o Harrie L. Rhedrick
Newkirk, D. W. etux
Ozaka, Fred Francis
Parker, James M.
Prestia, Thomas Joseph I
Rabon, Terry Leon '
.Rae, John Gary
Robinson, Nelta T.
Hobi.nson, Samuel
Rosen, Barry S.
Ross, Deborah Kaye
Seabrook, Mary Shepard
Shi.pman, William B.
Shoffner, Robert M. Etux
Simon, Toni.e Bell
Simmons ,'Andrew J.
Simpson, En;id
Sun Oil Co.: Inc. of Penn.
Underwood, Gilbert L.
Warren, Wil~iam Blake
Watson, WileyB.
Watson Paint & Body Shop
Weis" Edward W,
Weni.g', Jerome
Willia~~, R. H. etux
Wilson, Alton R.
Wilson, Ronald i
Worthington~ R. D. etux
j.
, I
24.08
79
. ~
74.54
1. 90
40.25
2.00
21.16
13.11
133.25
50.97
14.50
55.69
172.71
7.82
7.57
19.02
62.44
64.89
: (Refund)
,~
i. :
(Refund)
Ii ii
;) ( j
I I
! i
(Refund for 1980 & 1981)
(Refund)
(He:Eund)
(Refund)
,\ ;
'i; .
I I
(RefUnd)
, II
!
4.46
6.98
30.22
54.32
18.92
10.95
14.23
22.49
2.00
3.89 (Refund)
32.88
9.88
.9.74
326.10 (Refund - 81.02)
16.83
41.38
21.57
144,525.31
58.62 (1980)
104.44
135.75
846.04 (1980)
29.10
140.96 I
.33.48
27.98
31.92 (Refund)
I
55.04
Mr. Felix Cooper/Abatements and Hefunds
Page 12
January 11. 1982
Hequest the following taxes be released as the personal property
is not located within the city or town limits: ~
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19,
20.
21.
22.
23.
24.
25,
Balser, Sharon Wilson
Bilisoly, James A.
Billingsley, William James
Daniels, Leo Phillip ,Jr.
Gilroy, Debra Helen
Godsey, James Michael
Highsmi th, Clara iN. '
Jones, James E.
Lowrey, Robert G.
Maness, Barbara C.
McEachern, Hugh Alexander
Plowden, David Billinger
Reedy, Ronald Wade
Romblad, Scott L.
Sewell, Raeford, Wm.
Shepard, Kenneth Alan
Silva, Deborah Ann
Silva, Michael Thomas
Sisson, W. E.
Sock Shop
Soderstrom, Kam Lea
Strickland Elec. Co
Sweet Sixteen
c/o C. A. Newell & L. T. Thomson
Vick, Darrell Lee
Williams, Helen Tolley
22.95
35.63
48.85
3.37
47.50
5.97
31.74
43.94
3.73
48.66
68.88
.95
36.94
2.62
82.06
8.38
67.93
15.68
178.42
16.48
23.58
3.58
81.92
55.12'
38.48
I
I
(197.4 & 1975)
'! i
I.
I'
(1980)
(Hefund)
Request the following taxes be released as they are double-
charged:
1.
2.
3.
4.
5.
6.
7.
8.
9,
Boone, James,Sheldon
Campbell, Jennie Kathleen
Goforth, J. P.
Johnson, Debbie Lanette
Lowery, Robert G.
Morrison, Suzanne Chernega
Smith, Jessi~ Alden
Smith, Judith McFadyen
Stokes, Billie Joe
27.44
1. 82
384.20
18.92
102.59
42.54
39.81
28.86
11.65
(1980)
(1980)
(1978 )
(1978)
(1980) .
Request the follciwing taxes be released as these cHarges are
due to clerical errors of vehicles mispriced, incorrect house-
hold pricing, incorrect e~coding, mispriced equipment and in-
ventory, incorrect lot size or acreage, failure to allow for
Senior Citizen's Exclusion and building mischarged:
Mr. Felix Cooper/Abatements and Hefunds
Page 13
January 11, 1982
1. American Oil Company
2. Arrington, Bobbie L.
3. Auld Stokley 'Antiques
c/o James B. Stokley
4. Bowen, Wade H. etux
5. Bradshaw, Earl Ed.
6. Bridges, Allen R.
7. Bridgers, Odell
8. Brown, Alexander Charles
9. Brown, Ethel
10. Brown, Pamela
11. Burton, Elizabeth Orrell
12. Cameron, C. Fred
13. Harris, Donald Ray
14. Hobbie, Todd M.
15. Hufham, Robert Emanuel
16. Malcott, C. Roy etux
17. Meshaw, Martha B.
18. O'Connor, John H.
19. Parker, James M.
20. Piver, Roger M. & Ruby
21. Rawls, William Philip
22. Reyneke, Mary Talle
23. Ringer, Norma
24. Rivenbark, Norma
25. Hogers, Margaret Miller
26. Shew, Lottie P.
27. Sidbury, Anthony Darryl
28. Sik~s, Lee Montague Jr.
29. Thomas, Lorimar PSR
30. Underwood, Gilbert Lee
31. United States Leasing Co.
32. Waters, L. H. Jr. etux
33. White, Richard Mehan
34. Williams, F. D.
35. Wood, William E. etux
157.55 (Refund)
41.50 (Rqfund)
.13
21.59
15.52
78.17
36.38
2.48
106.64
15.45
12.30
128.25
9.63
40.00
5.58
14.02
29.15
12.68
4.25
2J .36
9.46
181.37
26.11
113.23
5 . 8~3
64.50
9.05
16.27
5.48
15.68
16.44
3.20
38. .46
31.38
6.02
,"~
~ I .
t I 1
(Refubd)
(Refund)
(ReJund)
(Hefund)
11
1 i
11
(Hefund)
(Refund)
(Hefund)
(Refund)
(1979)
(Hefund)
Followjng taxpayers request release of listing penalties as
they certify li~tings were made during January 1981:
1. Bethune, Mary Scott
2. Smith, Frank L.
3. Southeastern Investment Co.
4. Stack, Jones M.
5. Strickland, Eddie Bei~er
6. Symmes, Katie Reilly ,
7. Symmes, L. B.
8. Willens, Barney A.
54.30
41.53
85.68
34.53
5.89
45.80
18.63
87.49 (Refund 82\46)
Mr. Felix Cooper/Abatements and Refunds
Page 14
January 11, 1982
Greek Orthodox Church of Wilmington requests 1981 taxes in
the amount of $8,083.46 be released as this property qualifies
for exemption as' outlined in G. S. 105-282.1 (c) . '
,"'"
Request these items be placed on the consent agenda for the
County Commissioners' meeting on January 18, 1982. ,II:
recommend approval of these abatements as the Commi~sioners
have approved these types of releases in the past.
LJP: nfb
copy: v1V1rs. Alyce B. Rusmise 1:1
Mr. Robert Pope
..
f!l / J '/ . ..,j. -f(; Ai.. ,22'''''' ,1.) ?f"
~:pt.<--~I"l'" I' "'~ . ~,.... I ,i ~vf
~,
NEW HANOVER HUMAN RELATIONS COMMISSION
FAIR EMPLOYMENT AND FAIR HOUSING
RULES OF PRACTICE AND PROCEDURE
INDEX
PAGE
1.000 Purpose
1
1.010 Definitions
1
2.000 The Charge
3
2.010 Investigation
7
2.020 Dismissal, Closure or Prelinlinary Determination
10
2.030 Conciliation
13
2.040 Hearing
13
3.000 Judicial Review and Appeal
26
3.010 Confidentiality of Endeavors
28
3.020 Civil Action
28
4.000 Construction of Rules
30
4.010 Issuance, Amendment or Repeal of Rules
30
.~
,~
1. 000 PURPOSE
The regulations set forth contain the procedures established by the New
Hanover County Board of Commissioners for carrying out the administration and
enforcement of its Fair Employment and Fair Housing Ordinances as provided
for in Chapter 960 Session Laws of 1981 (hereinafter referred to as the "Act").
Based upon its experience in the administration of the Ordinances and upon its
evaluation of suggestions and petitions for amendments submitted by interested
persons in accordance with Section 4.010, the New Hanover County Board of
Commissioners may from time to time amend and revise these procedures.
Said regulations, together with any amendments or modifications thereto,
shall be maintained by the Executive Director and be made available to the
public.
1.010 DEFINITIONS
When used in these Rules of Practice and Procedure the following terms
shall mean:
1. "Agency" shall mean the Executive Director, staff members, attorneys, clerks
and other agents delegated power and authority to perform certain functions
and duties as specifically provided herein on behalf of the Commission.
2. "Aggrieved Party" shall mean any party to a proceeding who alleges an adverse
effect by an administrative decision, ruling, or order under these Rules
of Practice and Procedure and who is otherwise legally entitled to appeal
from such a decision, ruling or order.
3. "Aggrieved Person" shall mean any person who alleges he has been unlawfully
injured or whose r~ghts have been denied on account of a violation of
either Ordinance.
4. "Chairperson" shall refer to the duly elected chairperson of the New Hanover
Human Relations Commission, or in the event of his absence or inability
to act in such capacity, then the Acting Ch~irperson.
5. "Charge" shall refer to a complaint orOany amendments thereto filed pursuant
to the Ordinances.
6. "Charging Party" shall refer to the person filing a charge either on behalf
of himself or for some other aggrieved person under the provisions of the
Ordinances and these Rules of Practice and Procedure.
7. "Commission" shall refer to the New Hanover Human Relations Connnisson as
established by the Ordinance of the Board of Commissioners of New Hanover
County dated June 16, 1980. In the absence of a specific delegation of
power to the contrary, all duties, functions and powers shall""15e>exerc:llsed- . .')
2
by a quorum of the fuII Coininisson by a majority vote at a lawfully
convened meeting.
8. "Commissioner" shall mean a person duly appointed to serve on the New
Hanover Human Relations Con~ission.
9. "Executive Director" shall refer to the Executive Director of the New
Hanover Human Relations Commission and/or his designee.
10. "Filing" for purposes of these regulations shall mean delivering a signed,
original copy of the document in person or by mail to the offices of the
Agency, 320 Chestnut Street, Room 409, Wilmington, North Carolina 28401.
Filing shall be complete upon receipt of the document by the Agency which
shall then indicate the date of the filing upon the original and any copies.
11. "Hearing Officer" shall refer to a member of the Hearing Panel.
12. "Hearing Panel" shall refer to an administrative body to hear certain matters
on appeal as provided in these Rules of Practice and Procedure. The
Commission shall determine whether hearings are to be before the COlrnlission,
a panel of three (3) or more members of the Commission, or a three (3)
member panel coulposed of at least two (2) Commission members. The Commission
shall also make the appointments. Staff members of the Human Relations
Commiss:Lon shall not serve on a Hearing Panel.
13. "Ordinances" shall refer to the Fair Housing and Fair Employment Ordinances
of New Hanover County, dated November 16, 1981, together with any subsequent
modifications or amendments thereto.
14. "Party" shall refer to Charging Party, Respondent, and/or their attorney or
representatives.
15. "Presiding Officer" shall refer to a member of the Hearing Panel designated
by the Commission to preside over all meetings or hearings conducted by the
Hearing Panel and who shall generally maintain order and perform all other
duties prescribed by these regulations as .attributable to him.
16. "Quorum" shall mean a majority of thE? membership present except in the case
of a three (3) member Hearing Panel, in which case all members must be present.
17. "Reasonable Cause" shall mean that, upon consideration of all evidence, and
based on a preponderance thereof, reasonable persons would conclude that
the Charging Party or aggrieved person (if not the Charging Party) has
been discriminated against under the terms of the Ordinances.
18. "Respondent" shall refer to the person against whom a charge is filed.
19. "Service" shall be in accordance with the North Carolina Rules of
Civil Procedures, G.S. lA-I.
'.-
3
20. "Transcript" shall be a verbatim stenographic reproduction, tape recording,
or other acceptable method of preserving testimony and other evidence.
21. "Verified" shall mean sworn to or affirmed before a notary public, or other
person duly authorized by law to administer oaths and take acknowledgements.
Whenever _terms are used, the singular shall be deemed to include the plural,
masculine to include the feminine or neuter and vice versa. Other definitions
of terms used herein may be found in the "Fair Employment" and "Fair Housing"
Ordinances of New Hanover County.
2.000 THE CHARGE
1. Submission of Information
4. The Agency shall receive information concerning alleged violations of the
Ordinances from any person. Where the information discloses that a
person is entitled to file a charge with the Agency, the Agency shall
render assistance to the Charging Party in the filing of a charge. Any
person or organization may request the issuance of a Commissioner
charge for an inquiry into individual or systematic discrimination.
Such request, with any pertinent information, should be submitted to
the Agency office, and shall be handled as any other charge except as
proviaed below.
B. The Charging Party and aggrieved person (if not the Charging Party) have
the responsibility to provide the Agency with notice of change in address
and with notice of any prolonged absence from that current address so
that he can be located when necessary while the charge remains pending.
2. Charges By or On Behalf of Persons Claiming to Be Aggrieved
A. A charge that any person has engaged in or is engaging in an unlawful
housing or employment practice within.the meaning of the Ordinances may
be made by or on behalf of any person claiming to be aggrieved. A
charge on behalf of a person claiming to be aggrieved may be made by
any person, agency or organization. The person making the charge must
provide the Commission with the name, address and telephone number of
the person on whose behalf the charge is made. The Agency shall determine
whether the person on whose behalf the charge is made has authorized
the filing of the charge and desires to have the charge processed.
B. Any member of the Commission may file a charge-with the Agency. A
charge shall be in writing and verified by the Cownissioner bringing the
charge.
4
3. Where to Make a Charge
A charge shall be filed in the Agency's office, 320 Chestnut Street, Room 409,
County Administration Building, Wilmington, North Carolina 28401.
4. Form, Content and Amendment of Charge
A. A charge shall be in writing and verified by the Charging Party.
B. Each charge should contain the following:
(1) The full name, address and telephone number of the Charging Party
and of the person on whose behalf it is being filed (if different
than the Charging Party);
(2) If known, the full name and address of the Respondent;
(3) A clear and concise statement of the facts, including pertinent
dates, constituting the alleged unlawful housing or employment
practices;
(4) If known, the approximate number of employees of the Respondent--
employer or the approximate number of members of the Respondent--
labor organization, as the case may be;
(5) A statement disclosing whether the alleged unlawful housing or
employment practice charge has been filed with a state or federal
agency and, if so, the name of the agency, the date filed, and
any other information necessary to identify and locate its
status;
(6) A statement of each specific harm that the aggrieved person has
suffered and the date on which each harm occurred;
(7) For each harm, a statement specifying the act, policy or practice
which is alleged to be unlawful; and
(8) For each act, policy or practice alleged to have harmed the
aggrieved person, a statement of the facts which led the
Charging Party to believe that the act, policy or practice is
discriminatory.
C. Notwithstanding the provisions of paragraph (B) of this section, a charge
is sufficient when the Agency receives from the Charging Party a
written statement sufficiently precise to identify the parties, and
to describe generally the action or practices complained of. A charge
may be amended to cure technical defects or omissions, including
failure to verify the charge, or to clarify and amplify allegations made
5
therein. Such amendments and amendments alleging additional acts which
constitute unlawful employment practices related to or growing out of
the subject matter of the original charge will relate back to the date
the.charge was first received.
5. Time of Filing
A charge alleging discrimination must be filed within 180 .days after the
alleged unlawful act or practice. If the alleged practice is of a continuing
nature, the date of the occurrence of said practice shall be deemed to be
any date subsequent to the commencement of the practice up to and including
the date on which the practice shall have ceased, or the date on which the
charge shall have been filed if the unlawful practice continues.
6. Withdrawal of a Charge
A. A charge filed by or on behalf of a person claiming to be aggrieved may
be withdrawn only by the Charging Party and only with the consent of the
Commission. The Commission hereby delegates authority to the Executive
Director to grant consent to a request to withdraw a charge, other than
a Commissioner charge, where the withdrawal of the charge will not
defeat the purposes of these Ordinances. In case of withdrawal, the
withdrawal shall be without prejudice to the rights of the Charging Party
or person on whose behalf the charge is filed.
B. A Commissioner who files a charge under Section 2.000(2)(B) may
withdraw the charge with the consent of the Commission. The Commission
may withdraw any charge filed under Section 2.000(2)(B)
by a Commissioner who is no longer holding office when it determines
that the purposes of these Ordinances are no longer served by processing
the charge. Commissioner charges may not be withdrawn pursuant to this
section after a preliminary determination as to reasonable cause in
favor of theCharging,Party has been made under Section 2.020(3). This
paragraph does not apply to a charge filed by a Commissioner which is
on behalf of a person claiming to be aggrieved within the meaning of
Section 2.000(2)(A) unless such person submits a written request
for withdrawal to the Commission.
7. Deferrals From and Waivers To Federal and State Agencies
A. Charges arising within the jurisdiction of these Ordinances and which
fall under the jurisdiction of federal or state agencies may be
deferred from such agencies according to the procedures established
6
by said agencies for this purpose.
B. The Equal Employment Opportunity Commission (EEOC) is specifically
required under Section 706 of Title VII of the Civil Rights Act of
1964, as amended, to defer any job discrimination under its
jurisdiction to the Commission for a period of sixty (60) days. Following
such deferral period, EEOC may proceed with its investigation, attempt
to conciliate, and determine whether there is reasonable cause to
believe the charge is true irrespective of the decision or action, if
any, of the Commission.
C. The Commission may waive initial processing of a charge to the appropriate
federal or state agency as outlined in the worksharing agreements and/or
otherwise agreed upon by the agencies involved. Reasons for waiving
initial processing may include but not be limited to: potential for
conflict of interest, workload or nature of the case. The Executive
Director is hereby authorized to make these decisions on behalf of
the Commission.
D. Jurisdiction over a charge may be claimed by a federal or state agency
if the Commission does not meet certain statutory or administrative
requirements as may be outlined in the rules or regulations of said
federal or state agencies.
8. Service or Notice of Charge
Within ten (10) days after the filing of a charge in the Agency office,
the Agency shall cause the Respondent to be served a copy of the charge.
9. Answer to Charge; Amendments
A. The Respondent may answer the charge or any amendments thereto. The
answer must be filed within ten (10) days (excluding Saturdays, Sundays,
and legal holidays) after service of the charge or amendment.
B. The answer shall respond to the Agency interrogatory and.shall
state in concise, plain terms the defenses to each claim asserted
in the charge, and shall admit or deny each and every allegation in
the charge. If the Respondent is without sufficient knowledge or
information to form a belief as to the truth or falsity of the allegations,
the answer shall so state and such statement shall have the force of
a denial. The answer shall be verified by the Respondent and shall
contain the mailing address of the Respondent.
7
C. Failure to file a timely answer or other response may be deemed an
admission of such allegation and may result in the initiation of
investigation or hearing proceedings.
D. Upon application, the Executive Director may, for good cause shown,
extend the time within which the answer or other response may be filed.
E. The answer or any portion thereof, may be amended as a matter of right
at any time before the hearing, and thereafter in the discretion of
the Hearing Panel on application for such amendment; provided, however,
that the Respondent shall have the right to amend his answer to an amended
charge within such period as may be fixed by the Executive Director or
Hearing Panel.
2.010 INVESTIGATION
1. Investigative Authority
A. The investigation of a charge shall be made by the Agency. During the
course of such investigation, the Agency may utilize the services of
state agencies which are charged with the administration of fair
employment practice laws or fair housing laws or appropriate federal
agencies, and may utilize the information gathered by such authorities
or agencies. As part of each investigation and in addition to any other
documentation, the Agency will accept any statement of position or
evidence with respect to the allegations of the charge which any person
wishes to submit.
B. The Executive Director shall designate an investigator from the
Agency and shall establish a case management record assuring a prompt
and thorough investigation of the allegations of the charge. (See
Section 3.010(1)).
C. The investigator may conduct informal or formal interviews and submit
written or oral requests for "information; request and obtain production
o
of relevant documents and ph~sical evidence; and use all methods of
investigation customarily allowed by comparable administrative/
investigative agencies as may be authorized by the Act, general law,
\
the Ordinances or these Rules of Practice and Procedure.
D. Production of Evidence During Inves~igation
(1) An investigator may, at any reasonable time, request access to
'premises, records, and documents relevant to investigation of
the charge.
8
2.
(2) If such request is denied, the Agency may issue a subpoena
pursuant to Section 2.010(2).
E. The Agency may require a Factfinding Conference with the parties prior
to a preliminary determination on a charge of discrimination. The
conference is primarily an investigative forum intended to define the
issues, to determine which elements are undisputed, to resolve those
issues that can be resolved, and to ascertain whether there is a basis
for negotiated settlement or continued investigation of the charge.
F. The information gathered by the Agency at any stage of these proceedings
may be presented at any subsequent hearings or be used against either
party. A member of the Agency, who initially serves as investigator/
conciliator, may present the case on behalf of the Charging Party
at subsequent hearings conducted pursuant to Section 2.040.
Access to and Production of Evidence; Testimony of Witnesses; Procedure
and Authority for Issuance of Subpoenas
A. To effectuate the purposes of these Ordinances, the Hearing Panel and/or
the Executive Director shall have the authority to issue a subpoena
requiring:
(1) The attendance and testimony of witnesses;
(2) After having first sought voluntary response, the production of
evidence including, but not limited to books, records, correspondence
or documents, in the possession or under the control of the person
subpoenaed; and
(3) Access to relevant and material evidence for the purposes of
examination and copying.
The subpoena shall state the name, title, capacity and 'address of its
issuer; the authority under which it is issued; the identity of the
person or evidence subpoenaed; the name of the person to whom and the
place, date and the time at which it is returnable; the nature of the
evidence to be examined or copies; and the date and time when access
is requested. Each application for a subpoena shall be accompanied by
,
a supporting affidavit which should include complete reasons why the
person, document, or item sought ar~ needed, including a statement
of the relevance and significance of the person or thing to the case
and the effect the failure to issue a subpoena would have on the case.
A subpoena shall be returnable to the Agency. Any party may request that a.
subpoena be issued.
()
9
B. Any person served with a subpoena who fails to comply therewith may,
within five (5) days (excluding Saturdays, Sundays and legal holidays)
after the date of service of the subpoena upon him, directly petition
the Superior Court of New Hanover County to revoke or modify the subpoena.
In the alternative, at the election of the petitioner, such appeal
may first be heard administratively by a Hearing Panel from the issuance
of a subpoena by the Executive Director; and by the Commission from the
issuance of a subpoena by a Hearing Panel. All appeals from the issuance
of a subpoena by the Commission shall be to the Superior Court of
New Hanover County. If a Hearing Panel is selected to review a subpoena
issued by the Executive Director, said Panel may also serve as the
Hearing Panel in the event the case goes to hearing as set forth in
Section 2.040(4). All petitions shall be filed with the Hearing Panel,
Commission, or the Superior Court of New Hanover County as applicable,
and a copy thereof shall be served on the persons who issued the subpoena
and requested its issuance. The :petition shall separately identify
each portion of the subpoena to which the petitioner objects and shall
state, with respect to each such portion, the grounds for objection.
A copy of the subpoena shall be attached to the petition as an exhibit.
Within eight (8) days after receipt thereof or as soon thereafter as
practicable, the appropriate body shall make a determination upon the
petition, stating reasons therefor. Any person who has issued or requested
the issuance of a subpoena shall abstain from reviewing on appeal
any petition to modify or revoke the subpoena. The Agency shall
cause to be served a copy of the final determination of the petition
upon all interested parties, stating reasons therefor. For purposes
of this section, service shall be made and proof thereof established
pursuant to N. C. General Statutes lA-1, Rule 45(e).
C. The issuer may follow the same procedure set forth in paragraph (B)
above to enforce the subpoena in the event of disobedience or non-
compliance.
D. Following initial review and upon petition of the aggrieved party, any
final determination by a Hearing Pa?e1 regarding the revocation,
modification or enforcement of a subpoena shall be subject to further
review by the Commission pursuant to Section 2.040(21) prior to any
judicial review.
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E. Upon the failure of any person to comply with a subpoena issued under
this section, the Commission may apply to the Superior Court of New
Hanover County for an order to compel enforcement of the subpoena.
3. Right to Inspect or Copy Data
Any party and any other person who submits data or evidence to the Agency
may, on payment of reasonable cost, procure a copy'of the transcript,
except that a non-party witness may for good cause be limited to inspection
of the official transcript of his testimony.
2.020 DISMISSAL, CLOSURE OR PRELIMINARY DETERMINATION
1. Dismissal: Procedure and Authority
A. Where a charge on its face, or as amplified by the statements of the
person claiming to be aggrieved discloses, or where after investigation
the Agency detennines, that the charge and every portion thereof is
not timely filed, or otherwise fails to state a claim under the
Ordinances, the charge shall be dismissed by the Commission.
B. Where the Commission determines after investigation that there is not
reasonable cause to believe that the Ordinances have been violated, the
charge may be dismissed by the Commission.
C. Where the Charging Party fails to provide requested necessary information,
fails or refuses to appear or to be available for interviews or
conferences as necessary, fails or refuses to provide information
requested by the Agency pursuant to Section 2.010, or otherwise refuses
to cooperate and after due notice to which the Charging Party has thirty
(30) days to respond, the charge may be dismissed by the Commission.
D. Where the Charging Party cannot be located, the charge may be dismissed
by the Commission; provided, that reasonable efforts have been made
to locate the Charging Party and the Charging Party has not responded
within thirty (30) days to a notice sent by the Agency to the person's
(')
last kno\~ address.
E. Where a Respondent has made a settlement offer described in Section
2.020(2) which is in writing and specific in its terms, and which would
,
afford full relief for the harm alleged by the Charging Party, and the
Charging Party fails to accept such an offer within thirty (30) days
after actual notice of the offer, the charge may be dismissed by
the Corrunission.
11
F. Written notice of disposition, pursuant to paragraphs (A), (B), (C)
(D) and (E) of this Section, shall be issued to the Respondent, Charging
Party and to the aggrieved person (if different than the Charging Party).
G. The Commission hereby delegates authority to the Executive Director
to dismiss charges. The authority of the Commission to reconsider
decisions and determinations as set forth in Section 2.020(4) shall
be applicable to this section.
2. Negotiated Settlement
A. At any time prior to the issuance of a preliminary determination, the
Agency may encourage the parties to settle the charge on terms that are
mutually agreeable. The Executive Director shall have the authority
to sign any settlement agreement which is agreeable to both parties.
If such settlement is reached, Charging Party and Commission agree
not to institute a law suit under these Ordinances or 'related laws.
Such settlements shall note that the Connnission has made no judgement
on the merits of the charge. Such an agreement shall not affect the
processing of any other charge, including, but not limited to a
Commissioner charge or a charge, the allegations of which are like
or related to the individual allegations settled, or a charge filed with
another federal or state agency or court of competent jurisdiction.
B. In the alternative, the Agency may facilitate a settlement between the
person claiming to be aggrieved and the Respondent by permitting
withdrawal of the charge pursuant to Section 2.000(6).
C. The negotiated settlement agreement constitutes the complete understanding
between the Respondent, Charging Party, and the Commission. No other
promises or agreements shall be binding unless signed by these parties.
D. This agreement does not constitute an admission by the Respondent of
any violation of the Ordinances or any other statute, rule, regulation,
ordinance, order of any other authority.
E. The Respondent will agree to provide written notice to the Executive
Director within ten (10) days of satisfying each obligation required in
the agreement.
F. The parties agree that the negotiated settlement agreement may be used
as evidence in a.subsequent proceeding in which any of the parties
12
allege a breach of the agreement.
3. Preliminary Reasonable Cause Determination: Procedure and Authority
A. Where a charge has not been settled or dismissed, the Agency shall,
after making investigative efforts, determine whether reasonable cause
exists to believe that the Ordinances have been violated. A preliminary
determination as to reasonable cause is based on, and limited to, evidence
obtained by the Agency and does not reflect any judgement on the merits
of allegations not addressed in the determination.
B. The Agency shall provide prompt notification of its preliminary
determination under paragraph (A) of this section to the Charging Party,
aggrieyed..person (if qifferent than_the Charging Party). and the
Respondent.
C. The Commission hereby delegates to the Executive Director the authority,
upon completion of an investigation, to: dismiss a charge or make a
preliminary determination as to the existence of reasonable cause to
believe Respondent committed a discriminatory practice; issue a
letter of preliminary determination; and cause a copy thereof to be
served upon the parties.
4. Reconsideration
A. The Agency may reconsider its preliminary determination.
B. Either party, within two (2) weeks after the date of a preliminary
determination, may file with the Agency an application for
reconsideration. Such application must be in writing, stating
specifically the ground upon which it is based and shall contain
additional evidence or information which has not been considered by the
Agency during its investigation together with a statement of the reasons
that such information was not submitted or available during the
investigation.
C. In cases where the Agency decides to reconsider a dismissal or preliminary
determination. a notice of intent to reconsider shall be issued forthwith.
The notice of intent to reconsider will vacate the dismissal or
preliminary determination. After reconsideration the Agency will
issue a preliminary determination or dismissal anew.
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2.030 CONCILIATION
1. Conciliation: Procedure and Authority
A. Where the Agency preliminarily determines that there is reasonable
cause to believe that an unlawful housing or employment practice has
occurred or is occurring, it shall endeavor to eliminate such practice
by informal methods of conference, conciliation and persuasion. In
conciliating a case in which a preliminary determination of reasonable
cause has been made, the Agency shall attempt to achieve a just
resolution of all violations found, to obtain agreement that the
Respondent will eliminate the unlawful housing or employment practice,
and to provide appropriate affirmative relief. ~1ere such conciliation
attempts are successful, the terms of the conciliation agreement shall
be reduced to writing and shall be signed by the Executive Director
and the parties. A copy of the signed agreement shall be served on
each of the parties.
B. Proof of the compliance with the Ordinances in accordance with the
terms of the agreement shall be obtained by the Agency before the
case is closed. In those instances in which a person claiming to be
aggrieved or a member of the class'claimed to be aggrieved by the
practices alleged in the charge is not a party to such an agreement,
the agreement shall not extinguish or in any way prejudice the rights
of such person to proceed in court under Section 3.9 of the Ordinances.
2.040 HEARING
Where the Agency is unable to obtain voluptary compliance as provided by
the Ordinances and it determines that further efforts to do so would be
futile or nonproductive, the Commission shall, through the Executive
Director, so notify the Respondent and Charging Party in writing that a
hearing will be conducted pursuant to Sections 3.4 of the Ordinances, which
hearing shall follow to the extent possible the general provisions of the
North Carolina Administrative Procedures Act (N.C. General Statutes 150-A).
1. Notice of Hearing, Answer
A. If within sixty (60) days after a preliminary cause determination has
been issued, a conciliation agreement has not been reached, or earlier,
if either party has refused to conciliate, the parties shall be
served with a Notice of Hearing.
14
B. The date of the hearing shall be no more than sixty (60) and no
less than thirty (30) days from the dateof Notice. Insetting the
time for such a hearing, the Commission shall take into consideration
the possibility that additional efforts at voluntary resolution may
be successful in obtaining a conciliation agreement satisfactory
to the parties and the Commission.
C. The Notice shall contain:
(1) A statement describing the. preliminary determination, the proposed
hearing, the purposes and nature of the hearing, the composition
of the Hearing Panel to decide the matter, and the respective
rights of the parties.
(2) The names of the persons to serve on the Hearing Panel.
(3) The name, official title, address and telephone number of a
Commission or Agency member or employee to contact for further
information.
(4) A statement that the parties are encouraged to appear at the
hearing and may only waive their right to appear pursuant to
Section 2.040(17). Such notice shall also state that failure
to appear or otherwise voluntarily comply with requests for
information may result in the issuance of a subpoena pursuant to
Section 2.010(2).
(5) The names and addresses of all persons to whom the notice is
being given.
(6) Time, date and place of any pre-hearing conference and the
scheduled hearing.
(7) Any other information that may advise the parties of the applicable
procedure to be followed for the hearing, including conditions which
may generally lead to the continuance or default of the opportunity
for a hearing.
(8) A statement that voluntary compliance with the Ordinances is the
preferred course of action and that the hearing can be cancelled
at any time, if the parties and Commission enter into a
satisfactory resolution of the matter.
(9) A right to representation at the hearing.
15
(10) The names of proposed witnesses deemed to be necessary or proper
together with a request to submit the names and address of all other
suggested witnesses within ten (10) days. The parties shall be
reminded that harassment or intimidation of witnesses shall
constitute retaliation in violation of these Ordinances.
D. The notice shall be accompanied by a copy of the charge together with
any amendments. The notice shall require that the Respondent provide
a written answer to the charge or any amendments thereto within twenty
(20) days of receipt of the notice if none has hereto for been filed.
If the Respondent has previously filed an answer to the initial
charge, he shall notify the Agency of his intention to rely upon
said answer or to file any amendments thereto within twenty (20)
days of receipt of the Notice. Failure to so notify the Agency shall
constitute a waiver of this right to file further answer.
E. The answer or any other response shall be filed at the offices of
the Agency.
F. The Agency shall furnish a copy of the answer to the Charging Party
and any other party to the proceeding upon its receipt.
2. Failure to Answer
If the Respondent fails to answer the charge or any amendments thereto
within the time allowed under these regulations, the Hearing Panel may
enter its default and the hearing shall proceed on the evidence in support
of the charge. The default may be set aside for good cause shown upon
equitable terms and conditions.
3. Request for Hearing
If either party has not received a Notice of Hearing within ninety (90)
days after the preliminary cause determination has been issued, he may
request the Commission to schedule a hearing and the Commission shall
immediately proceed to issue the Notice as provided for in Section 2.040(1).
4. Who Conducts and Presides at a Hearing; Advance Notice
A. The Hearing Panel as defined shall conduct the hearing.
B. The Presiding Officer shall be named and the parties notified in
sufficient time prior to the hearing, to allow the parties to prepare
for the hearing.
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5. Disqualification
A. If for any reason a Hearing Officer determines that personal bias
or other factors render him unable to conduct or participate in a
hearing in an impartial manner, he shall disqualify himself in
writing to the COlmnission stating the reasons for disqualification.
B. Any party may petition the Commission .to disqualify a Hearing Officer
for prejudice, personal bias, conflict of interest, or inability to
conduct the hearing and perform all duties impartially.
(1) The petition must be in writing, verified and must state all
facts the party deems relevant to the disqualification of the
Hearing Officer.
(2) The petition for disqualification must be submitted in a timely
manner. It is timely if:
(a) The petitioner files the petition with the Commission before
the hearing begins; or
(b) The petitioner files the petition at the first opportunity
after becoming a\vare of facts which give rise to a reasonable
belief that the Hearing Officer may be disqualified under
this section.
C. Upon receipt of a petition for disqualification, the Commission shall
determine the matter as a part of the record in the case and the record
shall include the order disqualifying or retaining the Hearing Officer
and the reasons therefor. A vote to disqualify a Hearing Officer must
receive a majority of the votes of the Commissioners eligible to vote
on the matter. A Commissioner shall not participate in the vote on
his personal disqualification. The determination shall be subject to
judicial review at the close of the proceeding.
D. When the Hearing Officer is disqualified or it is impracticable for him
~)
to continue the hearing, another Hearing Officer shall be assigned to
continue with the case unless it is shown that substantial prejudice
to any party will result, in which event a new hearing must be held
or the case dismissed without prejudice.
6. Powers of the Hearing Panel
The Hearing Panel may:
A. Provide for the taking of testimony by deposition as provided in
Section 2.040(13), or utilization of other discovery procedures
17
pursuant to Section 2.040(10);
B. Regulate the course of the hearings, set the time and place for
continued hearings, and fix the time for filing briefs or other
documents;
C. Call a pre-hearing conference as provided in Section 2.040(9);
D. Issue subpoenas in the name of the Commission as provided in
Section 2.020(2); and
E. Render final determinations on behalf of the Commission as to
whether Respondent committed discriminatory practices as charged,
in violation of the Ordinances.
7. Separation of Functions
A. No person who has served as an investigator or advocate at any stage
of the proceeding, and no person subject to the authority of such a
person (including the Executive Director or other members of the
Agency) may advise any Commission member or Hearing Officer on the
merits or serve as a Hearing Officer. Such a person may, however,
serve as a witness at a hearing.
B. A Presiding Officer may preside at successive stages of the same
proceeding unless a party demonstrates grounds for disqualification.
8. Ex Parte Contacts
A. Any Hearing Officer who discusses a charge with anyone at any time
before the hearing or initiation of pre-hearing procedures shall
disqualify himself from participating in or voting on any hearing
or pre-hearing procedures affecting that charge which comes before
the Hearing Panel and from voting on the question of final disposition
of the charge.
B. Before selecting a Hearing Panel, the Commission shall ascertain that
the proposed Hearing Officers have not had any discussions with
o
anyone in violation of subsection (A).
C. No Hearing Officer assigned to make a decision or to make findings of
fact and conclusions of law in a hearing shall communicate directly
or indirectly with any person in regard to any circumstances affecting
the controversy at issue outside the confines of the official hearings.
9. Pre-hearing Conference
A. The Hearing Panel may direct the parties to conduct informal pre-hearing
conferences at a time and place selected by the Hearing Panel. The
18
parties may agree on a substitute time and place, provided they so
notify the Presiding Officer. The Presiding Officer shall give
written notice of the time and place at least five (5) days prior
to the pre-hearing conference, to all parties in the proceedings.
B. In the Hearing Panel's discretion, all or part of the pre-hearing
conference may be conducted by telephone, or other electronic
means, if each participant in the pre-hearing conference has an
opportunity to participate in and to hear the entire proceeding while
it is taking place.
C. The parties shall conduct the pre-hearing conference to deal, where
applicable, with:
(1) Exploring settlement possibilities;
(2) Formulating, clarifying, and simplifying the issues to be
contested at the hearing;
(3) Preparing stipulations of facts or conclusions of law;
(4) Determining the identity and number of witnesses;
(5) Determining the extent to which evidence will be presented in
written form and disposing of any questions by the parties about
its authenticity;
(6) Determining what subpoenas will be needed;
(7) Determining the need for consolidation of cases or joint hearings; and
(8) Considering any other matters which may promote the prompt, orderly,
and efficient disposition of the case.
D. Statements made at pre-hearing conference may not be introduced at
the hearing unless all parties consent. No transcript of the conference
shall be made.
E. The Hearing Panel shall direct the preparation of pre-hearing conference
order to include all of the agreements and orders-derived from the
o
conference; in cases where the employee is represented by an attorney,
his attorney shall prepare the order. All parties shall sign the order
and submit it to the Hearing Panel for approval and signature by the
Presiding Officer. The Hearing Panel may modify the order as necessary
to promote fairness and the prompt, orderly and efficient conduct of the
proceedings. The order shall be included in the official record of
the proceedings.
19
o
10. Discovery
The Hearing Panel shall offer to the parties the option of utilizing all
discovery procedures set forth in the N. C. Rules of Civil Procedures,
G.S. lA-I. In particular, Rule 37 of the Rules of Procedure shall apply,
except that all motions shall be initially addressed to the Hearing Panel
rather than the court. For the sake of expediency, all further review
shall be on appeal to the Commission prior to seeking judicial review.
11. Composition of the Official Record at the Beginning of the Hearing
The record at the beginning of the proceeding shall consist of:
A. Charge as it may have been amended;
B. Answer as it may have been amended;
C. Notice of Hearing;
D. Preliminary motions;
E. Responses and rulings made by Hearing Panel; and
F. Stipulations entered into prior to the beginning of the hearing.
12. Order of Presentation
Unless otherwise directed by the Hearing Panel in their discretion, the
following sequence shall be followed:
A. Both parties shall be allowed to make opening statements to serve as
outlines for what they hope to establish at the hearing;
B. The Charging Party shall next present his evidence;
C. The Respondent shall then present his evidence;
D. Both parties may then offer rebuttal of evidence; and
E. After all witnesses and evidence have been presented, each party may,
if he chooses, make a closing statement. This statement summarizes the
evidence the party has presented at the hearing and the conclusions he
feels that the evidence shows. The Charging Party shall make the last
closing statements.
13. Witnesses
A. The testimony of all witnesses shall be taken under oath or a solemn
affirmation.
B. After the witness has been sworn, the Presiding Officer should inform
him of the nature of the hearing unless it appears that the witness
has been previously so informed.
20
C. The Presiding Officer should protect every witness from improper
questions and harsh or insulting treatment.
D. The Presiding Officer may request or direct a witness to refrain
from discussing his testimony with another witness or any other person
not having an official interest in the inquiry.
E. It is the duty of each party to arrange for the attendance of all
the respective witnesses subject to Section 2.010(2).
F. If witnesses are allowed to remain in the hearing room during the
testimony of other witnesses, the Presiding Officer should so indicate
for the record.
G. Each party shall have an opportunity to cross examine the opposing party
and the witnesess of the opposing party.
H. Hearing Officers may ask questions of the parties and witnesses to
clarify factual situations and to obtain background facts necessary to
a determination of the issue.
I. A deposition of a party or a witness may be received into evidence in
accordance with the N. C. Rules of Civil Procedure, G.S. lA-I.
14. Evidence
A. Unless both parties agree to use the strict rules of evidence as used
in the General Court of Justice, the rules in this section shall apply.
B. Evidence shall be admitted in accordance with Chapter l50A of the
General Statutes (the Administrative Procedure Act) which provides:
(1) Irrelevant, immaterial and unduly repetitious evidence shall be
excluded at the hearing.
(2) Except as otherwise provided in this subsection, the rules of
evidence as applied in the trial division of the General Court of
Justice will be followed, but when evidence is not reasonably
available under those rules to show relevant facts, they may
be shown by the most reliable and substantial evidence available.
(3) It shall not be necessary for a party to object at the hearing
to evidence presented before the Hearing Panel in order to preserv~
the right to object to its consideration by the Commission upon
administrative review or by the. court on judicial review.
C. Other Rules of Evidence
(1) Each party shall be responsible for the compilation of evidence
21
and going forward with the presentation of his respective case;
provided, the Agency may, in the Executive Director's
discretion, present the case on behalf of the Charging Party, if
requested by such party to do so.
(2) Both oral testimony and documentary evidence may be presented.
Official notice may be taken on matters specified in subsection (D)
below.
(3) Evidence in a hearing, including records and documents, shall be
made a part of the record. Other factual information or evidence
shall not be considered in determination of the case, except
officially noticed facts as permitted by Sections 2.040(14)(D) and
2.040 (18) (D) (3).
(4) Documentary evidence may be received in the form of a copy or
excerpt or may be incorporated by reference, if the materials so
incorporated are available for examination by the parties. Upon
timely request, a party shall be given an opportunity to compare
the copy with the original, if available.
D. Official Notice May be Taken of:
(1) All facts of which judicial notice may be taken.
(2) Other facts within the specialized' knowledge of the reviewing body.
The noticed fact and its source shall be stated and made known to
affected parties at the earliest practicable time, and any party shall
on timely request be given an opportunity to dispute the noticed fact
through submission of evidence and argument.
E. All questions of procedure and admissibility of evidence shall be
addressed to and decided by the Presiding Officer. This ruling shall
be binding unless a member of the Commission or Hearing Panel objects.
In that case, a majority of the Commission or Hearing Panel shall decide
the question.
15. Burden of Proof
Except as otherwise provided by law, the burden of proof shall be as follows:
A. First, the Charging Party has the burden of proving by the preponderance
of the evidence a prima facie' case of discrimination.
B. Second, if the Charging Party succeeds in proving the prima facie case,
the burden shifts to the Respondent "to articulate some legitimate, non-
22
discriminatory reason" for the alleged charge.
C. Third, should the Respondent carry this burden, the Charging Party must
then have an opportunity to prove by a preponderance of the evidence that
the legitimate reasons offered by the Respondent were not his true
reasons, but were a pretext for discrimination. The Respondent need
not persuade the Hearing Panel that he was actually motivated by the
proffered reasons, but it is sufficient if the Respondent's evidence
raises a genuine issue of fact as to whether he discriminated against
Charging Party. To accomplish this, the Respondent must clearly set
forth through the introduction of admissible evidence, the reasons for
the Charging Party's rejection.
D. The ultimate burden of persuasion of fact that the Respondent intentionally
discriminated against the Charging Party remains at all time with the
Charging Party.
16. Representation
A. The case in support of t'he charge, at the option of the Charging Party,
may be presented at the hearing by the Charging Party, with or without
an attorney or other representative, or by the Agency.
B. The case in support of the Respondent may be presented at the
hearing by the Respondent, his attorney, or other representative.
-- -.-.-
17. Failure of Party to Appear at Hearing
A. A party to a hearing may waive the right to be present during any portion
of the proceedings. The waiver must be knowingly and intelligently made
by the party and the Hearing Panel shall carefully consider the waiver
before proceeding in the party's absence. If a party waives an appearance,
the Hearing Panel shall indicate such absence and include the express
waiver by the party in the record of proceedings.
B. If a party served with notice fails to appear at a scheduled hearing
without having waived his right to be present, the Hearing Panel may:
(1) Proceed with the hearing in the party's absence, if those parties
present do not object; or
(2) Order a continuance, and/or cause a subpoena to be issued to compel
attendance of a party; or
(3) Serve upon all parties written notice of a proposed default order,
including a statement of the grounds therefor.
1;' .
23
C. The Hearing Panel may grant continuances only in compelling circumstances
and with due regard for the orderly, prompt, and fair conduct of the
proceedings. The Hearing Panel may continue the proceedings upon its
own motion or in response to a petition from any party.
D. Within seven (7) days after service of a proposed default order, the
party against whom it was issued may file a written motion requesting
that the proposed order be dismissed and stating the grounds relied upon.
During the seven (7) day period within which a party may file a written
notice under this subsection, the Hearing Panel shall adjourn the
proceedings.
E. The Hearing Panel shall either issue or dismiss the default order promptly
after expiration of the time within which the party may file a written
motion under subsection (D) above.
(1) The Hearing Panel shall fully consider the grounds relied upon by
the party requesting that the order be dismissed.
(2) The Hearing Panel shall include in the issuance or dismissal of the
default order a concise statement of the reasons for such action.
(3) The Hearing Panel's determi.nation of default may be reviewed by
the Corrnnission.
(4) After issuing a default order, the Hearing Panel shall conduct
further proceedings necessary to complete the proceedings without
the participation of the defaulting party and shall determine all
issues in the proceedings, including those affecting the defaulting
party.
F. If a hearing is conducted or a decision is reached following a hearing in the
absence of a party before the issuance of a default order against him,
that party may file a written petition with the Hearing Panel to reopen
the hearing. Such a petition must be served on the Agency within five (5)
days of the date the hearing concludes.
(1) The party shall include a complete statement of the grounds relied
upon for the petition.
(2) Petitions to reopen the hearing will not be granted except when
the petitioner can show that the reasons for his failure to appear
were justifiable and unavoidable and that fairness requires
-reopening the hearing.
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(3) The decision of the Hearing Panel on the petition to reopen
the hearing shall be in writing and shall include the reasons there-
for. A copy of the decision shall be made a part of the record,
and served on all parties.
18. Final Determinations
A. After all the evidence is in, and all statements and arguments have
been received, the Presiding Officer shall declare the hearing ended.
B. The Hearing Panel may then proceed to a final determination as provided
in subsection (C) below, or may adjourn and proceed to a final determination
at its next or any subsequent meeting.
C. The Hearing Panel shall consider all the evidence, statements, arguments,
and proposals for findings of fact and conclusions of law, if any,
submitted by both parties. The Hearing Panel shall then make its final
decision in writing. The decision shall include findings of fact and
conclusions of law. Findings of fact shall be based exclusively on
the evidence and matters officially noticed. Findings of fact
must be accompanied by a concise, explicit statement of the underlying
facts supporting them.
D. The Executive Director, in cooperation with the Presiding Officer, shall
prepare an official record of the hearing which shall include:
(1) Notices, motions, and any other procedural rulings;
(2) Questions and offers of proof, objections and rulings thereon;
(3) Matters officially noticed, except matters so obvious that a
statement of them would serve no useful purpose;
(4) A copy of the transcript; and
(5) Final determination and order of the Hearing Panel.
E. If the review of the record and any submissions by the parties indicates
a need for further action before a final decisionois reached, the
Hearing Panel may conduct additional proceedings to COErect any
inadequacy or incompleteness noted.
F. If the review of the record and any pubmissions by the parties indicates
that the hearing was fairly and properly conducted, the Hearing Panel
shall issue a final determination on the existence or nonexistence of
discrimination by Respondent. Any further review of the Hearing Panel's
final determination shall be directly to the New Hanover County Superior
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Court under Section 3.000 unless the Hearing Panel is composed of
less than the full Commission in which case an appeal may first be
taken pursuant to Section 21 below. prior to any judicial review.
G. Only Hearing Officers present for the entire hearing may participate
in the final decision.
19. Dismissal After Hearing
If the final determination is that the Respondent has not engaged in an
unlawful discriminatory practice, the written decision shall be accompanied
by an order dismissing the charge.
20. · Determination of Discriminatory Practice; Relief
If the final determination is that the Respondent has engaged in an unlawful
discriminatory practice, the written decision shall be accompanied by an
order requiring the Respondent to cease and desist from the discriminatory
practice and to engage in such additional remedial action as may be
appropriate including, but not limited to, such remedial action as is
contained in the provisions of Section 3.3F of the Ordinances.
21. Commission Review of Final Determination by Hearing Panel
A. The following procedures shall apply only in cases where less than the
full Commissionssrves as the Hearing Panel and where an aggrieved
party seeks further review of the Hearing Panel's final determination
prior to any judicial review. Such request for review must be made
within two (2) weeks of the final determination.
B. The conduct of these proceedings by the Commission shall, wherever
appropriate, be in accordance with Section 2.040, except that where the
term "Hearing Panel" is used, the "Commission" shall be substituted,
the word "Commissioner" is substituted for "Hearing Officer" and the
terms "Superior Court" or "Judge" shall be substituted for "Commission".
C. In addition to the provisions of Section 3.000(3)(D)(E), the Commission
o
may substitute independent findings, conclusion~, opinions, and
recommendations based on the evidence.
D. When the Commission's final determination is issued, the Executive
Director shall include it in the official record, and any further review
shall be in accordance with Section 3.000.
22. Notice of Final Disposition
The Agency shall furnish a copy of all final determinations and accompanying
orders to the parties.
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23. Reconsideration
The Hearing Panel may reconsider its final determination provided an
applicant complies with the applicable procedures set forth in Section
2.020(4).
24. Open Hearings
A. All hearings shall be open to the public, except as provided in
Article 33C of Chapter 143 of the N. C. General Statutes (the Open
Meetings Law).
B. All hearings shall be conducted in an impartial manner.
C. The Commission may delay a Notice of Hearing, not to exceed sixty (60)
additional days, if it makes a written determination that the effective
implementation of the Ordinances would be served by pursuing voluntary
conciliation.
3.000 JUDICIAL REVIEW AND APPEAL
1. Notwithstanding the provisions of Section 2.020(2)(A), the Commission may
apply to the General Court of Justice, Superior Court Division, at any
stage of the proceeding under the Ordinances for an order to show cause why
any person should not be held in contempt of the Commission and its processes.
The Court shall have the power to impose punishment as for contempt for acts
\vhich would constitute direct or indirect contempt if the acts occurred in
an action pending in Superior Court.
2. Review of Commi.ssion Orders - Judicial Review of Hearing Panel or Commission
Orders shall be in accordance with Article 4 of Chapter 150A of the N.C.
General Statues; provided, however, petitions for judicial review shall be filed
in the Superior Court of New Hanover County notwithstanding the provisions
of N. C. General Statutes 150A-45.
3. Enforcement of Hearing Panel or Commission Orders
A. If sixty (60) days after entry of an order of the Hearing Panel or
q
Commission, a Respondent has neither complied with nor sought review of
such order, any aggrieved person or the Commission may apply to the
Superior Court of New Hanover County for an order of the court enforcing
the order.
B. Within thirty (30) days after the court's receipt of the petition for
enforcement of the Hearing Panel's or Commission's order or within
such ,additional time as the court may allow, the Agency shall transmit to
. .
27
the court the original or a certified copy of the entire record of
the proceedings leading to the order. With the permission of the
court, the record may be shortened by stipulation of all parties.
Any party unreasonably refusing to stipulate to limit the record may
be taxed by the court for such additional costs as may be occasioned by
the refusal. The court may require or permit subsequent corrections
or additions to the record when deemed desirable.
C. The hearing on the petition for enforcement of the Hearing Panel's
or Commission's order shall be conducted by the court without a jury.
The court shall hear oral arguments and receive written briefs, but
shall take no evidence not offered at the hearing below; except that
in cases of alleged irregularities in procedure before..the reviewing
body below not shown in the record, testimony thereon may be taken
by the court; and except that were no record was made of the proceeding
or the record is inadequate, the judge in his discretion may hear all
or part of the matter de novo.
D. The court shall issue the order requiring~compliance with the Hearing
Panel's or Commission's order unless it finds that enforcement of the order
would prejudice substantial rights of the party against whom the order is
sought to be enforced because the findings, inferences, conclusions or
decisions of the Hearing Panel or Commission are:
(1) In violation of constitutional provisions
(2) In excess of the statutory authority or jurisdiction of the Commission
(3) Made upon unlawful procedure
(4) Affected by other error of law
(5) Unsupported by substantial evidence in view of the entire record
as submitted
(6) Arbitrary or capricious
E. If/the court declines to enforce the Hearing Panel's or Commission's orders
for one of the reasons specified in subsection 3.000(3)(D), it shall
either:
(1) Dismiss the petition
(2) Modify the Hearing Panel's or Commission's order and enforce it as
modified.
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28
(3) Remand the case to the Hearing Panel or Commission for further
proceedings.
F. Any party to the hearing on the petition for enforcement of the
Hearing Panel's or Commission's orders may appeal the court's decision
to the appellate division under the rules of procedure applicable to
other civil cases.
3.010 CONFIDENTIALITY OF ENDEAVORS
1. Neither a charge, nor information obtained pursuant to the investigation
of the charge, nor information obtained from records required to be kept
or reports required to be filed pursuant to the Ordinances, shall be made
matters of public information by the Agency or Cornmission prior to the
institution of a hearing under the Ordinances involving such charge or
information.
2. Factual information obtained by the Agency on behalf of the COlmnission during
inforlnal endeavors will be made a part of the file and will be considered
by the Agency or the Commission and used as evidence in this or subsequent
proceedings related to the case, except that settlement proposals will not
be made public or used as evidence without written consent of parties
concerned.
3. Factual information may be disclosed to representatives of authorized
federal, state or local agencies as may be appropriate or necessary to the
carrying out of the Commission's functions under. the Ordinances; provided,
however, that the Commission may refuse to make disclosures to any such
agency which does not maintain the confidentiality of such endeavors in
accord with this section or in any circumstances where the disclosures
will not serve the purposes of the effective enforcement of the Ordinances.
4. Nothing contained in this Section shall prevent the publication, by the
Agency or Commission, of data derived"from such factual information in a
o
form which does not reveal the identity of Charging Party, Respondent, or
person supplying the information.
5. Parties will be discouraged from discussing the charge with the public.
I
3.020 CIVIL ACTION
1. Any Charging Party dissatisfied with th~ Commission's final disposition
of a matter may bring a civil action in the Superior Court Division of the
General Court of Justice of New Hanover County against the person allegedly
engaging in the unlawful discriminatory practice. Such civil action for
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29
an unlawful housing or employment practice may not be brought more than
one (1) year after a charge thereof was filed with the Commission or more
than sixty (60) days after the Charging Party's receipt of notification
of the Hearing Panel's or Commission's final disposition of the matter,
whichever is later.
2. Notice of Civil Action
All letters of determination or dismissal issued by the Hearing Panel or
Commission shall include notice of the recourse to civil action as set
forth in paragraph (1) of this section in addition to a summary of the
other rights available to the parties under the Ordinances.
3. Injunctions; Equitable Relief
A. Equitable Relief as to Housing: If the court finds that the Respondent
has engaged in or is engaging in an unlawful housing practice as charged,
the court may grant as relief, as it deems appropriate, any permanent
or temporary injunction, temporary restraining order, or other order,
and may award to the Charging Party actual damages, including
compensation for humiliation and embarrassment, and not more than
One Thousand Dollars ($1,000.00) in punitive damages.
B. Equitable Relief as to Employment: If the court in any action under
Section 3 of the Fair Employment Ordinance finds that the Respondent
has engaged in or is engaging in an unlawful employment practice as
charged, the court may enjoin the Respondent from engaging in such
unlawful employment practice; and may order such remedial action
including, but not limited to, the action contained in Section 3.3F
of the Fair Employment Ordinance; and may order any other equitable
relief as the court deems appropriate. Back pay liability shall not
accrue from a date more than two (2) years prior to the filing of a
charge with the Commission. Interim earnings or amounts earnable with
o
reasonable diligence by the person or persons discriminated against shall
operate to reduce the back pay otherwise allowable. No order of the court
shall require the admission or reinstatement, or promotion of an
individual as a member of a union or the hiring, reinstatement, or
promotion of an individual as an employee, or the payment to him of
any back pay, if such individual was refused admission, suspended, or
expelled, or was refused employment or advancement or was suspended
or discharged for any reason other than discrimination on account of
'" , .'
30
race, color, religion, sex, national origin, handicap or age (40-70)
in violation of the Fair Employment Ordinance.
4. Attorney's Fees
In any action or proceeding under the Ordinances, the court, in its discretion,
may allow the prevailing party, other than the Commission, a reasonable
attorney's fee as part of the costs.
4.000 CONSTRUCTION OF RULE~
Rules to be Liberally Construed
1. Amendments to charges, answers, or other documents required under these
Rules of Practice and Procedure shall be liberally granted.
2. For good cause where the moving party shows the purpose is not solely for
delay and the adverse party will not be materially prejudiced, the times
specified herein may be altered to allow reductions, extensions or
continuances; provided, however, that no provision in the nature of a
statute of limitation, condition precedent, or otherwise conferring jurisdic-
tion over the matter (specifically Sections 2.000(5), 3.000(3)..and 3.020(1)) shall
be altered. The general purpose of these regulations is to facilitate the
prompt disposition of all charges filed hereunder while at each stage of
the proceedings affording procedural due process rights to all parties.
3. Disclaimer
The adoption of the Ordinances, the Rules of Practice and Procedure promulgated
thereunder, and the enforcement of the various provisions contained therein
is in the exercise of the County's governmental power and nothing contained
herein shall be deemed to waive the County's sovereign immunity. A party
who may exercise any of the rights and privileges herein shall do so at his
own risk, and the County assumes no liability for their acts, offilllissions,
or disobedience of any of their provisions.
~9l0 tSSUANCE, AMENDMENT OR REPEAL OF RULES
1. Petitions
Any interested person may petition the New Hanover County Board of Commissioners,
in writing, for the issuance, amendment or repeal of a rule or regulation.
Such petition shall be filed with the New Hanover County Board of Commissioners
and shall state the rule or regulation proposed to be issued, amended or
repealed, together with a statement of grounds in support of such petition.
Aot '.,.)
31
2. Action on Petition
Upon the filing of such petition, the New Hanover County Board of Commissioners
shall consider the same and may thereupon either grant or deny the petition
in whole or in part, conduct an appropriate proceeding thereon or make other
disposition of the petition. Should the petition be denied in whole or in
part, prompt notice shall be given of the denial, accompanied by a simple
statement of the grounds unless the denial be self-explanatory.
The New Hanover Human Relations Commission will follow these Rules of Practice
and Procedure which shall be supplemented by the appropriate provisions of the
Bylaws of the New Hanover Human Relations Commission and, where applicable,
the provisions of various federal or state procedures including the EEOC
Compliance Manual (particularly the sections on Factfinding and Negotiated
Settlements), EEOC procedural regulations (46 CFR 16.01), and the North
Carolina Rules of Civil Procedure (N.C. General Statutes lA-I).
\)
.....~ .
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I' I
(" \, ! - ,..
\ >f~S'L'---/
Chairperson
New Hanover County Board of Commissioners
These Rules of Practice and Procedure adopted at a regular meeting
on 9(1'I'-"j'~';1 /7 , 1982.
ATTE : ~
,/ ) 'J i."
t.. e.-L '- I a. c. ').
/1
County Clerk
,
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vl'"..t.., ,e.;.1./ t..J d. e. __
a~;:oity:
County Attorney