Citations. The Board, through its duly authorized representatives, shall issue
a citation with respect to any violation for which a civil penalty may be
assessed. Each citation shall be in writing and shall describe the nature of
the violation, including a reference to the specific provision alleged to have
been violated. The civil penalty, if any, shall attach at the time the citation
is written. The citation shall include an order to correct any condition or
violation which lends itself to corrections, as determined by the
(b) Correction of Violation.
Any licensee who has been issued a warning citation must present written proof
satisfactory to the Board, or its executive director, that the violation has
been corrected. This provision applies only to a licensee's first violation in
any one year period for a violation with a first offense warning penalty. Proof
of correction shall be presented to the Board, through its executive director,
within 30 days of the date the warning citation was issued. The Board may
extend for a reasonable period, the time within which to correct the warning
citation in case of an illness or hospitalization or other exigent
circumstances. Notices of correction filed after the prescribed date shall not
be acceptable and the civil penalty shall be paid.
(c) Contested Case. Persons to whom a notice
of violation or a citation is issued and a civil penalty assessed, may contest
the civil penalty by filing written notice with the Board within 60 days of the
receipt of the notice of violation or citation. The Board shall institute a
contested case by sending a notice of hearing pursuant to G.S. 150B, Article
3A. The Board shall conduct a contested case hearing pursuant to G.S. 150B,
Article 3A. The licensee's filing written notice with the Board shall stay the
civil penalty until the Board renders a final agency decision in the contested
(d) Final Agency Decision.
The Board, after the hearing has been concluded, may affirm, reduce, or dismiss
the charges filed in the notice of hearing or any penalties assessed. In no
event shall the civil penalty be increased.
(e) Cost of disciplinary action(s).The Board
shall assess the costs of disciplinary actions against a person found to be in
violation of the Respiratory Care Practice Act or rules adopted by the Board.
(f) Failure to File. If no written
notice contesting the civil penalty is filed as set forth in Paragraph (c) of
this Rule, the civil penalty becomes a final agency decision.