§ 20-37.20B. Appeal of disqualification for testing positive in a drug or alcohol test. - North Carolina Statutes

§ 20‑37.20B.  Appeal ofdisqualification for testing positive in a drug or alcohol test.

Following receipt of noticepursuant to G.S. 20‑37.19(c) of a positive test in an alcohol or drugtest, the Division shall notify the driver of the pending disqualification ofthe driver to operate a commercial vehicle and the driver's right to a hearingif requested within 20 days of the date of the notice. If the Division receivesno request for a hearing, the disqualification shall become effective at theend of the 20‑day period. If the driver requests a hearing, thedisqualification shall be stayed pending outcome of the hearing. The hearingshall take place at the offices of the Division of Motor Vehicles in Raleigh.The hearing shall be limited to issues of testing procedure and protocol. Acopy of a positive test result accompanied by certification by the testingofficer of the accuracy of the laboratory protocols that resulted in the testresult shall be prima facie evidence of a confirmed positive test result. Thedecision of the Division hearing officer may be appealed in accordance with theprocedure of G.S. 20‑19(c6). (2005‑156, s. 4.)