HomeMy WebLinkAboutHHS Board Adjudication 2025
NHC Health and Human Services Procedures
Subject: HHS Board Adjudication
Date of Origin: 05/02/2012
Policy Number: HHS-041
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 board'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; 06/2020;
06/2021; 07/2022; 08/2023; 06/2024; 07/2025