Sec.17-311-12. Definitions

The definitions provided by 4-166 and 17-311 G.S. shall govern the interpretation and application of these rules. In addition thereto and except as otherwise required by the context:

(a) "Commissioner" means the commissioner or his designated representative.

(b) "Hearing" means that portion of the commissioner's proceedings in the disposition of matters delegated to his jurisdiction by law wherein an opportunity for presentation of evidence and argument occurs, which is preceded by due notice and which includes both an opportunity to present to the commissioner such written and oral testimony and argument as the commissioner deems appropriate and an opportunity to examine and cross-examine any witness giving testimony therein. Any such hearing shall be conducted as a public hearing.

(c) "Contested case" means a proceeding in the commissioner's disposition of matters delegated to his jurisdiction by law in which the legal rights, duties, or privileges of a party are determined by the commissioner after an opportunity for a hearing. The definition stated in 4-166(2) G.S. shall further define this term.

(d) "Party" means each person named or admitted by the commissioner as a party to a contested case, whose legal rights, duties, or privileges will be determined by the commissioner by the final decision therein.

(e) "Intervenor" means each person admitted as a participant in a contested case who is not designated a party.

(f) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character to which these rules of practice may apply where appropriate to the context of the regulations herein set forth.

(g) "Petitioner" and "applicant" mean any person who has filed a petition or application requesting action by the commissioner.

(h) "Related parties" means persons or organizations related through marriage, ability to control, ownership, family or business association.

(i) "Levels of care" means chronic and convalescent hospitals, rest homes with nursing supervision, and homes for the aged.

(Effective December 19, 1984)