(a) Before imposing
final discipline under
90-85.38 on a person who holds a license,
registration, permit, or other privilege issued by the Board, the Board shall
file and serve a notice of hearing pursuant to
(b) A party who has been served with a notice
of hearing may file and mail to all other parties a written response not less
than 10 days before the date set for the hearing. If the party wishes to submit
this written response instead of personally appearing at the hearing, the party
shall state that desire in the written response, and the Board shall consider
the written response in lieu of a personal appearance.
(c) If a party who has been served with a
notice of hearing neither appears pursuant to the notice nor files and serves a
written response as set out in Paragraph (b) of this Rule, the Board shall rule
the party to be in default and the allegations of the notice admitted. The
Board may enter a final agency decision by default granting any relief
available to the Board.
(d) If the
Board determines that the public health, safety, or welfare requires action, it
may summarily suspend a license, registration, permit, or other privilege
granted by the Board. Upon service of the order, the licensee, registrant, or
permit holder to whom the order is directed shall immediately stop practicing
pharmacy and stop dispensing devices and medical equipment in North Carolina.
Failure to receive the order shall not invalidate the order. The suspension
shall remain in effect pending a final agency decision pursuant to
150B-42. However, pursuant to Rules .2004 and
.2005 of this Section, a person subject to a summary suspension may request a
hearing on whether the public health, safety, or welfare permits terminating or
modifying the terms of the summary suspension pending a final agency decision.
Neither an order of summary suspension nor a decision on whether the summary
suspension order shall be terminated or modified is a final agency
21 N.C. Admin.
Code 46 .2006
90-85.6; 90-85.12; 90-85.38;
Eff. July 1, 1988;
September 1, 1995; May 1, 1989.
Pursuant to G.S. 150B-21.3A, rule is
necessary without substantive public interest Eff. October 3, 2017;
Carolina Register Volume 35, Issue 05, September 1, 2020