HHS Board Adjudication
NHC Health and Human Services Procedures
Subject: Consolidated Health and Human Services Board Adjudication
Date of Origin: 05/02/2012
Policy Number: BOH/GS-ADM-098
PURPOSE AND SCOPE:
The purpose of this policy is to clarify the role of the New Hanover County Health and Human Services
Board. The scope of this policy applies to all members of the New Hanover County Health and Human
Services Public Health (NHC HHSPH) workforce and the Health and Human Services Board.
POLICY:
The New Hanover County (NHC) Health Director has the power and duty to enforce public health laws
and rules prescribed by and under the supervision of the NHC Health and Human Services Board and
the NC Department (NCGS 130A-41). This enforcement may in some circumstances involve the
institution of an administrative penalty in accordance with NCGS 130A-22.
Any appeal of the enforcement by the health director shall be in accordance with NCGS 130A-24. The
NHC Health and Human Services Board shall serve as the adjudication body for any appeals concerning
local public health rules or concerning the imposition of administrative penalties by the health director.
The health director will notify the board chair when a request to appeal a decision has been received.
The board chair will establish a date for the hearing and the health director and/or designee will notify
the board members, the appealing party and legal counsel of the date, time, and location of the hearing.
The board shall hold a hearing and shall either confirm, modify, or reverse the challenged action. A
person who wishes to contest the b oard's decision may appeal to the jurisdiction's district court in
accordance with NCGS 130A-24(d).
PROCEDURE:
G.S. 130A-24. Appeals procedure
(a) Appeals concerning the enforcement of rules adopted by the Commission, concerning the
suspension and revocation of permits and program participation by the Secretary, and
concerning the imposition of administrative penalties by the Secretary shall be governed by
Chapter 150B of the General Statutes, the Administrative Procedure Act.
(a1) Any person appealing an action taken by the Department pursuant to this Chapter or rules
of the Commission shall file a petition for a contested case with the Office of Administrative
Hearings as provided in G.S. 150B-23(a). The petition shall be filed not later than 30 days after
notice of the action which confers the right of appeal unless a federal statute or regulation provides
for a different time limitation. The time limitation imposed under this subsection shall commence
when notice of the agency decision is given to all persons aggrieved. Such notice shall be provided
to all persons known to the agency by personal delivery or by the placing of notice in an official
depository of the Unites States Postal Service addressed to the person at the latest address
provided to the agency by the person.
(b) Appeals concerning the enforcement of rules adopted by the NHC Health and Human Services
Board and concerning the imposition of administrative penalties by a local health director shall
be conducted in accordance with this subsection and subsections (c) and (d) of this section.
The aggrieved person shall give written notice of appeal to the local health director within 30
days of the challenged action. The notice shall contain the name and address of the aggrieved
person, a description of the challenged action and a statement of the reasons why the
challenged action is incorrect. Upon filing of the notice, the local health director shall, within
five working days, transmit to the board the notice of appeal and the papers and materials upon
which the challenged action was taken.
(c) The NHC Health and Human Services Board shall hold a hearing within 15 days of the receipt
of the notice of appeal. The board shall give the person not less than 10 days’ notice of the
date, time, and place of the hearing. On appeal, the board shall have authority to affirm, modify
or reverse the challenged action. The board shall issue a written decision based on the evidence
presented at the hearing. The decision shall contain a concise statement of the reasons for the
decision.
(d) A person who wishes to contest a decision of the NHC Health and Human Services Board under
subsection (b) of this section shall have a right of appeal to the district court having jurisdiction within
30 days after the date of the decision by the board. The scope of review in district court shall be
the same as in G. S. 150B-51.
(e) The appeals procedures enumerated in this section shall apply to appeals concerning the
enforcement of rules, the imposition of administrative penalties, or any other action taken by the
Department of Environment and Natural Resources pursuant to Articles 8, 9, 10, 11, and 12 of this
Chapter. (1993, c 891 s. 2; 1987, c 482; c. 827, s.248; 1993, c. 211, s 1; 1997-443, s. 11A.66;
1998-217, s 33.)
OTHER INFORMATION: N/A
REFERENCES: NC General Statutes 130A-24, 130A-24(d), 130A-22, 130A-41,150B-23(a), 150B-51
CHANGE HISTORY:
Version Date Comments
A 05/02/12 Original Document – Adopted by NHC BOH
B 08/01/18 Updated letterhead. No other changes.
C 06/20/22 Update letterhead, Change to Health and Human Services Board in replacement
of board of health.
D
Annual Review 9/2012; 10/2013; 10/2014; 10/2015; 11/2016; 09/2017; 06/2022; 08/15/23