What is the timeline for appealing a decision?
The timeline for appealing a disability planning law decision in North Carolina depends on the type of appeal that is being pursued. In some cases, the individual will have to file an appeal within 10 days of the decision. If the individual is appealing an administrative decision which was made by a state agency, they will have 30 days to file the appeal. If there is a disagreement at the administrative level, the individual can file a request for a contested case hearing. This request must be made within 30 days of the original decision. The individual will then have to appear before an administrative law judge, who will hear arguments from both sides and make a decision. At this point, the individual can file an appeal with the North Carolina Court of Appeals, which has jurisdiction to hear appeals from contested case hearings. The party who is appealing has 30 days to file the notice of appeal. After the notice of appeal is filed, the responding party has 15 days to file a response. Once the Court of Appeals has made a decision, the individual can appeal to the North Carolina Supreme Court, which has the ultimate jurisdiction in disability planning law cases. This appeal must be filed within 20 days of the decision. Overall, there is a strict timeline for appealing disability planning law decisions in North Carolina. It is important to note that all deadlines must be met in order for the appeal to move forward. If the individual misses any of the deadlines, they may risk having their appeal denied.
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