21 N.C. Admin. Code 21 .0515 - DISCIPLINARY PROCEDURE
(a) Upon receipt of
an investigation report and evaluation from the Board's investigator and peer
review committee in accordance with Rule .0514 of this Section, the Board's
Executive Director shall forward to the Chair of the Board (or to a member of
the Board designated by the Chair) and the Board's counsel the investigation
report, evaluation, and the supporting documentation along with the licensee's
or registrant's written response to the complaint, if any.
(b) The Chair or his or her designee, in
consultation with the Board's counsel, shall propose the disciplinary action
for the violation revealed by the investigation, consistent with the provisions
of G.S.
89E-19. The Chair (or a member of the Board
designated by the Chair) may issue a summary suspension pursuant to
G.S.
150B-3(c). The Chair or his
or her designee, may also propose dismissal of the complaint.
(c) After review of the investigation report,
evaluation, and supporting documentation, the Chair shall notify the licensee
or registrant of the proposed disciplinary action by certified mail sent to the
last known address of the licensee or registrant as indicated in the Board's
official roster. This notification shall contain a summary of the alleged facts
or conduct upon which the proposed disciplinary action is based, the effective
date of the proposed disciplinary action, and an explanation of the licensee's
or registrant's hearing rights pursuant to G.S. 150B, Article 3A. Notification
for summary suspensions shall meet the requirements of
G.S.
150B-3(c).
(d) Requests for hearing shall be submitted,
in writing, at the Board's office no later than 5:00 p.m. on the
15th day after receipt of notification of proposed
disciplinary action. If the licensee or registrant does not file a written
request for hearing with the Board, the Board shall receive the Chair's
recommendation on disciplinary action at its next meeting. If, after review of
a summary of the facts of the case that does not include identifying
information such as the licensee's name or license number, a majority of the
Board agrees with the Chair's recommendation, the proposed disciplinary action
shall become a final agency decision. If a majority of the Board does not agree
with the Chair's recommendation, the Board shall review of the investigator's
report without supporting documentation for the purpose of proposing an
appropriate disciplinary action or dismissal. The Chair shall not participate
in the deliberations or the voting with regard to either his or her
recommendation or the Board's decision regarding a substitute disciplinary
action. A new notice of proposed disciplinary action shall be sent to the
licensee or registrant, if necessary, in accordance with the procedure set out
in Paragraph (c) of this Rule, and the licensee or registrant may file a
request for hearing, in writing, at the Board's office no later than 5:00 p.m.
on the 15th day after receipt of the new notice of
proposed disciplinary action.
(e)
The licensee or registrant may request a settlement conference; however,
neither the request for settlement conference nor the Board's agreement to
enter into settlement negotiations shall extend the 15-day deadline for
requesting an opportunity for a hearing or any other deadlines in the hearing
process. The Chair or his or her designee Chair is delegated authority to
negotiate a settlement; however, the settlement agreement shall be approved by
a majority of the members of the Board before the proposed disciplinary action
will be rescinded.
(f) Upon receipt
of written request for hearing, the Board may conduct an administrative hearing
as authorized by
G.S.
150B-38 or the Board may request the Office
of Administrative Hearings to conduct the hearing as authorized by
G.S.
150B-40. Hearings shall be conducted in
accordance with the rules of this Chapter.
(g) A majority of the members of the Board
other than the Chair or his or her designee shall render the final agency
decision, in accordance with
G.S.
150B-42, after a hearing on the proposed
disciplinary action. The Chair or his or her designee who proposed the
disciplinary action after a full review of the facts available to the
investigator and peer review committee shall not participate in the discussion
of the contested case and shall not vote on the final decision for disciplinary
action. Nothing in this Rule shall prevent members of the Board from
participating in the discussion and vote on a final agency decision with regard
to proposed disciplinary action if they have reviewed the investigator's report
without supporting documentation solely for the purpose of determining whether
probable cause existed to support the allegations of violation and for the
purpose of proposing an appropriate disciplinary action.
Notes
Temporary Adoption Eff. November 24, 1999;
Eff. August 1, 2000;
Amended Eff. April 1, 2003;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 16, 2014;
Amended Eff. June 1, 2017.
Temporary Adoption Eff. November 24, 1999;
Eff. August 1, 2000;
Amended Eff. April 1, 2003.
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