NC Register Volume 19 Issue 06 - Office of Administrative Hearings

APPROVED RULESmodifications or replacements arebeing implemented;(d) The simple payback period of eachenergy conservation measure,calculated by dividing the estimatedtotal cost of the measure by theestimated annual energy cost saving;(e) A proposed construction schedule foreach energy conservation measure;and(f) The payback period of each energyconservation measure;(3) The energy use and cost data for each fuel typeused for the prior 12-month period, by monthor in accordance with the usual billing cycle;(4) An outline of qualifications of the analystdocumenting previous experience in energyconservation in building construction,mechanical systems, and/or manufacturingprocesses.History Note: Authority G.S. 143-345.18(b)(2a);143-345.18(b)(3);Eff. September 1, 2004.TITLE 4 – DEPARTMENT OF COMMERCE04 NCAC 03B .0103 HEARINGS(a) Unless otherwise stated in a particular rule-making notice,hearings before the Banking Commission shall be held inRaleigh, North Carolina, at regular scheduled or special calledmeetings of the Banking Commission.(b) Any person desiring to present oral data, views, orarguments on the proposed rule must, before the hearing, file anotice with:Office of The Commissioner of Banks4309 Mail Service CenterRaleigh, North Carolina 27699-4309.Attention: Rule-making CoordinatorAny person permitted to make an oral presentation may submit awritten copy of the presentation to the above-named person priorto or at the hearing.(c) A request to make an oral presentation must contain a briefsummary of the individual's views with respect thereto, and astatement of the length of time the individual wants to speak.Presentations may not exceed 15 minutes unless, upon request,either before or at the hearing, the Commissioner of Banks or thepresiding officer determines that fundamental fairness andprocedural due process require an extension of time.(d) Upon receipt of a request to make an oral presentation theCommissioner of Banks shall acknowledge receipt of therequest, and inform the person requesting of the imposition ofany limitations deemed necessary to the end of a full andeffective public hearing on the proposed rule.(e) Upon receipt of such written comments promptacknowledgment shall be made including a statement that thecomments therein shall be considered fully by the BankingCommission.(f) The presiding officer at the hearing shall have completecontrol of the proceedings, including: extensions of any timerequirements, recognition of speakers, time allotments forpresentations, direction of the flow of the discussion, and themanagement of the hearing. The presiding officer, at all times,shall take care that each person participating in the hearing isgiven a fair opportunity to present views, data, and comments.History Note: Authority G.S. 53-92; 150B-21.2;Eff. February 1, 1976;Amended Eff. September 1, 2004; April 1, 1999; August 1, 1988.TITLE 11 - DEPARTMENT OF INSURANCE11 NCAC 01 .0425 INTERVENTION(a) Any person not named in the notice of hearing who desiresto intervene in a contested case as a party shall file a motion tointervene and shall serve the motion upon all existing parties.The motion shall show how the movant's rights, duties, orprivileges may be determined or affected by the contested case;shall show how the movant may be directly affected by theoutcome or show that the movant's participation is authorized bystatute, rule, or court decision; shall set forth the grounds andpurposes for which intervention is sought; and shall indicatemovant's statutory right to intervene if one exists.(b) Any party may object to the motion for intervention byfiling a written notice of objections with the hearing officerwithin five days after service of the motion if there is sufficienttime before the hearing. The notice of objection shall state theparty's reasons for objection and shall be served upon all parties.If there is insufficient time before the hearing for a writtenobjection, the objection may be made at the hearing.(c) When the hearing officer deems it to be necessary to developa full record on the question of intervention, he may conduct ahearing on the motion to determine specific standards that willapply to each intervenor and to define the extent of allowedintervention.(d) Pursuant to the powers granted in G.S. 150B-40(c), thehearing officer may allow intervention upon a proper showingunder this Rule, unless he finds that the movant's interest isadequately represented by one or more parties participating inthe case or unless intervention is mandated by statute, rule, orcourt decision. An order allowing intervention shall specify theextent of participation permitted the intervenor and shall statethe hearing officer's reason. An intervenor may be allowed to:(1) File a written brief without acquiring the statusof a party;(2) Intervene as a party with all the rights of aparty; or(3) Intervene as a party with all the rights of aparty but limited to specific issues and to themeans necessary to present and develop thoseissues.History Note: Authority G.S. 58-2-40(1); 58-2-50; 58-2-55;58-2-70; 150B-38(h);Eff. July 1, 1992;Amended Eff. September 1, 2004.19:06 NORTH CAROLINA REGISTER September 15, 2004635