R51-2-4. Construction  


Latest version.
  • A. These rules shall be construed in accordance with Title 63G, Chapter 4.

    B. These rules shall be liberally construed to secure just, speedy, and economical determination of all issues presented to the Department.

    C. Deviation from Rules

    The Department may permit a waiver from these rules if:

    1. The waiver is not precluded by statute;

    2. No party will be prejudiced by the waiver;

    3. When no health hazard will result; and

    4. The Department determines that it would be in the best interest or temporary convenience of the State.

    D. Computation of Time

    All adjudicative proceedings commenced by this rule and which incorporate a time frame, shall have the time frame measured in calendar days. The time frame shall be measured by excluding the first day and including the last, unless the last day is a Saturday, Sunday or State holiday, and then it is excluded and the period runs until the end of the next day which is neither a Saturday, Sunday nor State holiday.