reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 66 .0305 - TEMPORARY PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applicants for
				temporary permits shall apply to the Board utilizing the application form for a
				temporary permit. The Board or its designee shall not act upon the application
				until fully completed. The Board may independently verify the information
				provided on the form by the applicant.
(b) Applicants for temporary permits shall
				meet the qualifications as established in
				G.S.
				90-187.4. No temporary permits shall be
				issued to applicants who are not graduates of an accredited school of
				veterinary medicine as defined by the American Veterinary Medical Association.
				At the time of submission of an application for a temporary permit, the
				applicant shall provide to the Board the name(s) and location(s) of the
				licensed veterinarian(s) within the state who shall be the supervising
				veterinarian(s). The supervising veterinarian(s) shall be in good standing with
				the Board and an active practitioner(s) within the State. The Board, or its
				designee, shall approve the application and notify the applicant before the
				applicant shall be authorized to engage in the supervised practice of
				veterinary medicine within the state.
(c) A temporary permit shall expire or be
				revoked as provided in
				G.S.
				90-187.4 and no official notification of the
				revocation or expiration shall be given to the permittee. Temporary permits may
				not be renewed but may be reissued, within the discretion of the Board, after
				submission of a new application.
(d) The Board shall determine the
				restrictions for the temporary permit, which restrictions shall be recorded on
				the permit. In addition to any other restrictions or conditions imposed by the
				Board, the supervising veterinarian shall ensure that another veterinarian is
				available to supervise the holder of the temporary permit on those occasions
				when the supervising veterinarian is unable to be available for
				supervision.
Authority
				  G.S.
				  90-185(6);
				  90-187.4;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 66 .0306 - LICENSE WITHOUT EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board may issue a license without written examination other than the North
				Carolina License Examination to an applicant who meets the criteria as
				established in
				G.S.
				90-187.3.
(b) An applicant shall certify that he is
				currently an active, competent practitioner in good standing and this
				certification shall be verified by the state licensing Board from the
				applicant's most recent clinical practice. An applicant is deemed to have
				practiced in another state at least three of the last five years immediately
				preceding his application if the applicant certifies that he has engaged in the
				unexempt practice of veterinary medicine as defined in the North Carolina
				Practice Act for that length of time. The licensure requirements in the other
				state are deemed substantially equivalent to those required by this state if
				the other state administered the same standardized licensing tests (excluding
				the North Carolina Practice Act Test) as were administered in North Carolina at
				the time of the applicant's original licensing in the other state and the tests
				were graded in accordance with North Carolina grading criteria.
Authority
				  G.S.
				  90-185(6);
				  90-187.3;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 66 .0307 - REVOCATION/SUSPENSION/TEMPORARY PERMITS/SPECIAL REGISTRATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The registration of a veterinary technician may be suspended
				  or revoked, and the technician may be disciplined, in accordance with the same
				  due process procedures as are provided for individual licenses and corporate
				  registrants under the provisions of G.S. 150B or G.S. 90, Article 11, or Board
				  Rules.
Authority
				  G.S.
				  90-185(6);
				  90-187.4(b);
				  90-187.8;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 66 .0308 - REINSTATEMENT AFTER REVOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
Any person whose license or registration has been suspended
				  or revoked may apply for reinstatement without written examination subject to
				  any terms and conditions as contained in the final agency decision issued by
				  the Board upon revoking or suspending the person's license or registration. The
				  Board, at its discretion, may conduct a fact-finding hearing to determine
				  whether sufficient cause exists to justify, in the discretion of the Board, the
				  reinstatement of the license or registration.
Authority
				  G.S.
				  90-185(6);
				  90-187.9;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 66 .0309 - PETITION FOR INACTIVE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				licensed veterinarian or registrant who is in good standing with the Board and
				who has ceased practicing veterinary medicine may apply for inactive status.
				The Board may place the licensed veterinarian or registrant on an inactive list
				of members. A licensed veterinarian or registrant who has obtained the inactive
				status shall not practice veterinary medicine or be required to pay the license
				or registrant renewal as prescribed in
				G.S.
				90-187.5 or
				90-186(4) or
				required to earn continuing education credits.
(b) Any veterinarian or registrant who has
				been placed on inactive status and who desires to be reinstated or to resume
				practicing veterinary medicine may be reinstated upon the determination by the
				Board that:
(1) The inactive veterinarian or
				registrant is competent to practice veterinary medicine;
(2) The veterinarian or registrant shall pay
				the required license renewal fee for the current year when the application is
				filed; and
(3) The veterinarian or
				registrant shall earn the required continuing education credits in the year
				preceding reinstatement.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 66 .0310 - PENDING COMPLAINT OR DISCIPLINE AGAINST APPLICANTS LICENSED OR REGISTERED IN OTHER STATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon complaint
				or information, and within the Board's discretion, the Board may deny a license
				required by Article 11, G.S. 90.
(b) Applicants for a license to practice
				veterinary medicine may be required upon initial application to inform the
				Board in writing of any prior discipline or administrative action, or the
				equivalent thereof, against the applicant's license to practice veterinary
				medicine in another state or jurisdiction; or any pending complaint or
				unresolved disciplinary or administrative action, or the equivalent thereof,
				against the applicant's license to practice veterinary medicine in another
				state.
(c) The applicant shall
				furnish or give the Board permission to obtain true and accurate copies of
				documents relevant to consideration of the prior or pending disciplinary
				action.
(d) In reviewing an
				applicant's application, the Board may consider information determined to be
				reliable, including but not limited to information from the National
				Disciplinary Data Base about the licensee, or information obtained from other
				state veterinary medical boards, or other federal or state agencies.
(e) The applicant for license to practice
				veterinary medicine may be required to furnish all facts relating to the
				existence of any pending charges alleging violation of a federal or state
				criminal statute or law, in this or any other country.
Authority
				  G.S.
				  90-185(2);
				  90-185(6);
				  90-186(3);
				  90-187;
				  90-187.3;
Eff. May 1,
				  1996;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 66 .0311 - LIMITED VETERINARY LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A "limited
				veterinary license" or "limited license" is a license as defined in
				G.S.
				90-181(4).
(b) Unless otherwise provided in G.S. 90,
				Article 11 or in a Board rule, the provisions of G.S. 90, Article 11 and this
				Chapter are applicable to limited veterinary licenses.
(c) The terms and restrictions of the scope
				or areas of practice of veterinary medicine of the holder of the limited
				veterinary license shall be determined by the Board upon consideration of all
				criteria deemed relevant by the Board to effectuate the purposes of the limited
				license, including:
(1) whether the applicant
				is licensed to practice veterinary medicine in other states of the United
				States, or other countries or jurisdictions, whether those licenses are active,
				and whether there are any investigations or pending complaints against the
				licenses at the time of the consideration of the application;
(2) the length of time the applicant has been
				licensed in good standing to practice veterinary medicine;
(3) the reasons that the applicant offers for
				requesting a limited veterinary license;
(4) whether facts available to the Board
				indicate the applicant's application has merit; and
(5) any information affecting the applicant's
				capability and need for a limited veterinary license, determined on a
				case-by-case basis, including the applicant's record of any criminal charges
				and convictions.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0400 - RULES: PETITIONS: HEARINGS › Section 66 .0401 - RULE-MAKING PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A person may
				petition the Board to adopt a new rule or change or amend an existing rule by
				sending a rule-making petition to the Board at the Board's address set out in
				Rule .0101 of this Chapter. The petition must be titled "Petition for
				Rule-making" and must include the following information:
(1) the name and address of the person
				submitting the petition;
(2) a
				citation to any rule for which a change or repeal is requested;
(3) a draft of any proposed rule or amended
				rule;
(4) an explanation of why the
				new rule, amendment, or repeal is requested and the effects of the new rule,
				amendment, or repeal on the Board's procedure or the persons regulated by the
				Board;
(5) any other information
				the person submitting the petition considers relevant.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0400 - RULES: PETITIONS: HEARINGS › Section 66 .0402 - NOTICE OF RULE-MAKING HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Upon a determination to hold a rule-making proceeding, either
				  in response to a petition or otherwise, the Board shall give notice to all
				  interested persons pursuant to the procedure established in Article 2 of
				  Chapter 150B of the North Carolina General Statutes.
Authority
				  G.S.
				  90-185;
				  150B-12;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0400 - RULES: PETITIONS: HEARINGS › Section 66 .0403 - NOTICE MAILING LIST

Current through Register Vol. 39, No. 2, July 15, 2024
Any person desiring to be placed on the mailing list for
				  Board rule-making notices may file such request in writing, furnishing his name
				  and mailing address to the Board. The letter of request should state those
				  subject areas within the authority of the Board for which the person wants
				  notice. The Board may require reasonable postage and stationery costs to be
				  paid by a person who is mailed a rule-making notice.
Authority
				  G.S.
				  90-185;
				  150B-12;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0400 - RULES: PETITIONS: HEARINGS › Section 66 .0404 - SUBMISSION OF DATA

Current through Register Vol. 39, No. 2, July 15, 2024
Any person desiring to present data, views or arguments on a
				  proposed rule must comply with the statement of procedure as contained in the
				  Notice of Hearing for the rule. Any person desiring to make an oral
				  presentation to the Board prior to or at the hearing is encouraged to submit a
				  written copy of the presentation to the Board prior to or at the
				  hearing.
Authority
				  G.S.
				  90-185;
				  150B-12;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0400 - RULES: PETITIONS: HEARINGS › Section 66 .0405 - PRESIDING OFFICER: POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
The presiding officer at a rule-making hearing shall have
				  complete control of the proceedings, including recognition of the speakers,
				  time allotments for presentations, the right to question speakers, direction of
				  the discussion and management of the hearing. The presiding officer, at all
				  times, will take care that each person participating in the hearing is given a
				  fair opportunity to present views, data and comments. The presiding officer
				  shall conduct the rule-making hearing pursuant to the procedure established in
				  Article 2 of Chapter 150B of the North Carolina General
				  Statutes.
Authority
				  G.S.
				  90-185;
				  150B-12;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0400 - RULES: PETITIONS: HEARINGS › Section 66 .0406 - RECORD OF PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
A record of all rule-making proceedings will be maintained in
				  the Board office for as long as the rule is in effect. This record shall
				  contain: the original petition (if any), the notice, all written comments
				  submitted, any statement of explanation made to an interested party, and the
				  minutes of the proceedings.
Authority
				  G.S.
				  90-185;
				  150B-12;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0400 - RULES: PETITIONS: HEARINGS › Section 66 .0407-.0414

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-185(6);
				  150A-11;
				  150A-12(a),(d),(e);
				  150A-13;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0500 - DECLARATORY RULINGS › Section 66 .0501 - PROCEDURE FOR DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board
				shall decide whether to grant or deny a request to make a declaratory ruling on
				the validity of a rule or on the applicability of particular facts to a statute
				or to a rule or order of the Board within 60 days of receiving the petition.
				The Board shall deny a request for a declaratory ruling when the Board deems
				the petition undesirable. The Board will ordinarily refuse to grant a petition
				for a declaratory ruling when there has been a similar factual determination in
				a contested case or one is likely to be made in a pending contested case or
				investigation.
(b) The Board will
				presume that its current rules are valid unless this presumption is rebutted by
				persuasive evidence as offered in the petition for the declaratory ruling. When
				the Board determines that a rule is invalid, the Board shall initiate
				rule-making proceedings and send written notice of the proceeding to the person
				who submitted the request.
Authority
				  G.S.
				  90-185;
				  150B-17;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0500 - DECLARATORY RULINGS › Section 66 .0502-.0505

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-185(6);
				  150A-11;
				  150A-17;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES › Section 66 .0601 - COMMITTEE ON INVESTIGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Upon receipt of a charge alleging misconduct against a licensee or registrant
				of the Board, the Executive Director shall inform the accused party of the
				nature of the charges as filed with the Board.
(b) The accused party shall respond to the
				charges by filing a written answer with the Board within 20 days of the receipt
				of the notification of charges.
(c)
				The complaining party shall be provided with a copy of the accused party's
				answer and within 20 days from receipt thereof shall file a reply to the
				accused party's answer.
(d) The
				charges as filed with the Board, the answer and reply may be referred to the
				Committee on Investigations (hereinafter referred to as "Committee"). The
				Committee shall consist of three members of the Board, one of whom shall serve
				as chairman.
(e) The Committee
				shall investigate the complaint referred to it by the Board and as part of the
				investigation may:
(1) Assign the complaint
				to the Board's investigator who shall submit a written report to the
				Committee.
(2) Invite the
				complaining party and the accused party before the Committee to receive their
				oral statements, but neither party shall be compelled to attend.
(3) Conduct any other type of investigation
				as is deemed appropriate by the Committee.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES › Section 66 .0602 - RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
When the Board acts or proposes to act, other than in
				  rule-making or declaratory ruling proceedings, in a manner which will affect
				  the rights, duties, or privileges of a specific, identifiable person, such
				  person has the right to an administrative hearing. When the Board proposes to
				  act in such manner, it shall give all such affected persons notice of their
				  right to a hearing by mailing by certified mail to them at their last known
				  address a notice of the proposed action and a notice of a right to a
				  hearing.
Authority
				  G.S.
				  90-185;
				  150B-11;
				  150B-38;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES › Section 66 .0603 - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any time an
				individual believes that individual's rights, duties, or privileges have been
				affected by the Board's administrative action, but has not received notice of a
				right to an administrative hearing, that individual may file a formal request
				for a hearing.
(b) Before an
				individual may file a request, that individual is encouraged to exhaust all
				reasonable efforts to resolve the issue informally with the Board.
(c) Subsequent to such informal action, if
				still dissatisfied, the individual must submit a request to the Board's office,
				with the request bearing the notation: REQUEST FOR ADMINISTRATIVE HEARING. The
				request must contain the following information:
(1) Name and address of the
				petitioner;
(2) A concise statement
				of the action taken by the Board which is challenged;
(3) A concise statement of the way in which
				the petitioner has been aggrieved; and
(4) A clear and specific statement of request
				for a hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES › Section 66 .0604 - GRANTING OR DENYING HEARING REQUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board shall grant a request for a hearing if it determines that the party
				requesting the hearing is a "person aggrieved" within the meaning of
				G.S.
				150B-2(6).
(b) The denial of request for a hearing shall
				be issued no later than 60 days after the submission of the request. Such
				denial shall contain a statement of the reasons for the denial of the
				request.
(c) Approval of a request
				for a hearing will be signified by the issuing of a notice as required by
				G.S.
				150B-38(b) and explained in
				Rule .0605 of this Section.
Authority
				  G.S.
				  90-185;
				  150B-11;
				  150B-38;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES › Section 66 .0605 - NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				give the party or parties in a contested case a notice of hearing not less than
				15 days before the hearing. Said notice shall contain the following
				information, in addition to the items specified in
				G.S.
				150B-38(b):
(1) the name, position, address and telephone
				number of a person at the offices of the Board to contact for further
				information or discussion;
(2) the
				date, time, and place for a pre-hearing conference, if any; and
(3) any other information deemed relevant to
				informing the parties as to the procedure of the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES › Section 66 .0606 - WHO SHALL HEAR CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
All contested case hearings shall be conducted by the full
				  Board or by a panel consisting of at least a majority of the members of the
				  Board provided, however, the term "members" shall not be deemed to include a
				  vacant position of a board member, whether the vacancy is the result of
				  resignation, non-appointment, or other cause. When required by Chapter 150B of
				  the North Carolina Statutes the Board shall apply to the Office of
				  Administrative Hearings for the designation of an administrative law judge to
				  hear the case pursuant to
				  G.S.
				  150B-40(e).
Authority
				  G.S.
				  90-185;
				  150B-38;
				  150B-40;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES › Section 66 .0607 - PETITION FOR INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				person desiring to intervene in a contested case must file a written petition
				with the Board's office. The request must bear the notation: PETITION TO
				INTERVENE IN THE CASE OF (Name of Case).
(b) The petition must include the following
				information:
(1) the name and address of
				petitioner;
(2) the business or
				occupation of petitioner, where relevant;
(3) a full identification of the hearing in
				which petitioner is seeking to intervene;
(4) the statutory or non-statutory grounds
				for intervention;
(5) any claim or
				defense in respect of which intervention is sought; and
(6) a summary of the arguments or evidence
				petitioner seeks to present.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES › Section 66 .0608 - TYPES OF INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Intervention of
				Right. A petition to intervene as of right, as provided in the North Carolina
				Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the
				criteria of that rule and the petition is timely.
(b) Permissive Intervention. A petition to
				intervene permissively as provided in the North Carolina Rules of Civil
				Procedure, Rule 24, will be granted if the petitioner meets the criteria of
				that rule and the Board determines that:
(1)
				There is sufficient legal or factual similarity between the petitioner's
				claimed rights, privileges, or duties and those of the parties to the hearings;
				and
(2) Permitting intervention by
				the petitioner as a party would aid the purpose of the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES › Section 66 .0609 - INFORMAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board and
				the other party or parties may agree in advance to simplify the hearing by:
				decreasing the number of issues to be contested at the hearing; accepting the
				validity of certain proposed evidence; accepting the findings in some other
				case with relevance to the case at hand; or agreeing to such other matters as
				may expedite the hearing.
(b)
				Informal disposition may be made of any contested case or any issue therein by
				stipulation, agreement, or consent order at any time after Notice of Hearing or
				during the proceedings.
Authority
				  G.S.
				  90-185;
				  150B-11;
				  150B-38;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0700 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 66 .0701 - FAILURE TO APPEAR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Continuances
				and adjournments will be granted only in compelling circumstances.
(b) Should a party fail to appear at a
				hearing or fail to appear following the granting of a continuance or
				adjournment, the hearing will be conducted in the party's absence.
(c) If a hearing is conducted and a decision
				is reached in an administrative hearing in the absence of a party, that party
				may file a written petition with the Board for a reopening of the
				case.
(d) Petitions for reopening a
				case will not be granted except when the petitioner can show that the reasons
				for his failure to appear were justifiable and unavoidable and that fairness
				requires reopening the case. Such petitions, however, will have no effect on
				the running of the 30-day period for seeking judicial review, which starts from
				the day the party is served with the final decision.
Authority
				  G.S.
				  90-185;
				  150B-11;
				  150B-38;
				  150B-40;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0700 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 66 .0702 - WITNESSES

Current through Register Vol. 39, No. 2, July 15, 2024
Any party may be a witness and may present witnesses on the
				  party's behalf at the hearing. All oral testimony at the hearing shall be under
				  oath or affirmation and shall be recorded or transcribed. At the request of a
				  party or upon the Board's own motion, the presiding officer may exclude
				  witnesses from the hearing room so that they cannot hear the testimony of other
				  witnesses.
Authority
				  G.S.
				  90-185;
				  150B-11;
				  150B-38;
				  150B-40;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0700 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 66 .0703 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				receiving a subpoena from the Board may object thereto by filing a written
				objection to the subpoena with the Board's office.
(b) Such objection shall include a concise,
				but complete, statement of reasons why the subpoena should be revoked or
				modified.
(c) Any such objection to
				a subpoena shall be served on the party who requested the subpoena
				simultaneously with the filing of the objection with the Board.
(d) The party who requested the subpoena, in
				such time as may be granted by the Board, may file a written response to the
				objection. The written response shall be served by the requesting party on the
				objecting witness simultaneously with filing the response with the
				Board.
(e) After receipt of the
				objection and response thereto, if any, the Board shall issue a notice to the
				party who requested the subpoena and the party challenging the subpoena, and
				may notify any other party or parties of an open hearing, to be scheduled as
				soon as practicable, at which time evidence and testimony may be presented,
				limited to the narrow questions raised by the objection and response.
(f) Promptly after the close of such hearing,
				the majority of the Board members hearing the contested case shall rule on the
				challenge and issue a written decision. A copy of the decision shall be issued
				to all parties and made a part of the record.
Authority
				  G.S.
				  90-185;
				  150B-38;
				  150B-39;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0700 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 66 .0704 - FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
In all cases heard by the Veterinary Medical Board, the Board
				  will issue its decision within 60 days after its next regularly scheduled
				  meeting following the close of the hearing. This decision will be the
				  prerequisite "final agency decision" for the right to judicial
				  review.
Authority
				  G.S.
				  90-185;
				  150B-11;
				  150B-38;
				  150B-42;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0700 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 66 .0705 - PROPOSALS FOR DECISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an
				administrative law judge conducts a hearing pursuant to
				G.S.
				150B-40(e), a "proposal for
				decision" shall be rendered within 45 days of the hearing pursuant to the Rules
				of the Office of Administrative Hearings. The parties may file written
				exceptions to this "proposal for decision" and submit their own proposed
				findings of fact and conclusions of law. The exceptions and alternative
				proposals must be filed within ten days after the party has received the
				"proposal for decision" as drafted by the administrative law judge.
(b) Any exceptions to the procedure during
				the hearing, the handling of the hearing by the administrative law judge,
				rulings on evidence, or any other matter must be written and refer specifically
				to pages of the record or otherwise precisely identify the occurrence to which
				exception is taken. The exceptions must be filed with the Board within ten days
				of the receipt of the proposal for decision. The written exceptions must bear
				the notation: EXCEPTIONS TO THE PROCEEDINGS IN THE CASE OF (Name of
				Case).
(c) Any party may present
				oral argument to the Board upon request. The request must be included with the
				written exceptions.
(d) Upon
				receipt of request for further oral argument, notice will be issued promptly to
				all parties designating the time and place for such oral argument.
(e) Giving due consideration to the proposal
				for decision and the exceptions and arguments of the parties, the Board may
				adopt the proposal for decision or may modify it as the Board deems necessary.
				The decision rendered will be a part of the record and a copy thereof given to
				all parties. The decision as adopted or modified becomes the "final agency
				decision" for the right to judicial review. Said decision will be rendered by
				the Board within 60 days of the next regularly scheduled meeting following the
				oral arguments, if any. If there are no oral arguments presented, the decision
				will be rendered within 60 days of the next regularly scheduled Board meeting
				following receipt of the written exceptions.
Authority
				  G.S.
				  90-185;
				  150B-11;
				  150B-38;
				  150B-40;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0800 - JUDICIAL REVIEW › Section 66 .0801-.0802

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-185(6);
				  150A-43;
				  150A-45;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0900 › Section 66 .0901 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the terms set forth in
				  G.S.
				  90-181, the following definitions apply to
				  this Subchapter:
(1) "Owner" means the
				person whose business provides services that constitute the practice of
				veterinary medicine as defined by
				G.S.
				90-181(6).
(2) "Facility" means any physical location,
				including mobile units, in which the practice of veterinary medicine
				occurs.
(3) "Veterinary Facility
				Permit" means a document authorizing an owner to operate a facility which
				engages in the practice of veterinary medicine.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0900 › Section 66 .0902 - VETERINARY FACILITY PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				who owns a business which operates a facility providing services that
				constitute the "practice of veterinary medicine" on a full, part-time, or
				temporary basis shall have a veterinary facility permit issued by the Board
				prior to offering or delivering any veterinary medical services to the public.
				Veterinary or Veterinary Technician teaching programs offering services to the
				public shall have a veterinary facility permit.
(b) As a condition of any veterinary facility
				permit issued by the Board, the owner shall designate a supervising
				veterinarian.
(c) The Board shall
				issue a veterinary facility permit to an owner after the owner submits an
				application, pays the veterinary facility permit fee, and passes a facility
				inspection. The Board shall inspect the veterinary facility to ensure
				compliance with Rules .0207 and .0208 of this Chapter if an inspection has not
				been performed in the last two years. It is the responsibility of the owners to
				ensure that the veterinary facility meets the minimum veterinary facility
				standards in Rules .0207 and .0208 of this Chapter.
(d) The application for a veterinary facility
				permit shall be on a form prescribed by the Board and available on the Board's
				website. The application shall contain:
(1)
				the owner's name, physical address, mailing address, email address, and
				telephone number;
(2) proposed or
				existing name of the facility, as set forth in
				G.S.
				90-181.1, physical address, mailing address,
				email address, and telephone number; and
(3) designation of a supervising veterinarian
				of the facility subject to the provisions of Rules .0903 of this
				Section.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0900 › Section 66 .0903 - SUPERVISING VETERINARIAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				owners of a veterinary facility shall designate a supervising veterinarian who
				shall be responsible for informing the owners as to the instances of
				non-compliance with
				21 NCAC
				66 .0207 and
				21 NCAC
				66 .0208 at the veterinary
				facility.
(b) The supervising
				veterinarian shall be currently licensed by and in good standing with the
				Board.
(c) The owners may designate
				an interim supervising veterinarian to serve for a period not to exceed 25
				business days.
(d) A veterinarian
				may be a supervising veterinarian at more than one veterinary facility. At each
				veterinary facility that is open for 159 hours or less per month, the
				supervising veterinarian shall be physically onsite for a minimum of 25 percent
				of the total time a veterinary facility is open. At each veterinary facility
				that is open for 160 hours or more per month, the supervising veterinarian
				shall be physically onsite at each veterinary facility for a minimum of 40
				hours per month. Electronic or handwritten documentation stating the dates and
				times that the supervising veterinarian was present at the veterinary facility
				shall be maintained by the supervising veterinarian at each individual facility
				and made available by the owner, supervising veterinarian, or the staff at each
				facility at the time of inspection or investigation by the Board.
(e) The owners of a veterinary facility may
				designate more than one supervising veterinarian for a veterinary facility, in
				which case the onsite physical presence of each of the supervising
				veterinarians at the veterinary facility shall be counted toward satisfaction
				of the onsite physical presence requirement of Paragraph (d) of this
				Rule.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0900 › Section 66 .0904 - DISCIPLINE VETERINARY FACILITY PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board
				shall investigate any complaint within its jurisdiction. The investigation and
				any resulting hearings shall be conducted pursuant to Sections .0600 and .0700
				of the Chapter. Following an investigation and the owner's opportunity to be
				heard, the Board may:
(1) revoke or suspend a
				veterinary facility permit issued under this Chapter;
(2) discipline the owner of a facility
				permitted under this Chapter in accordance with the disciplinary measures set
				forth in Sections .0600 and .0700 of this Chapter;
(3) deny a veterinary facility permit
				required by
				G.S.
				90-186(8) and the rules of
				this Chapter based on violations of Board Rules including but not limited to
				Rules .0207 and .0208 of this Chapter.
For the purpose of this Rule, references to licensee or
				  registrant in the provisions of Sections .0600 and .0700 of this Chapter are
				  treated as references to owner and permittee. References to license are treated
				  as references to facility permit.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 66 - VETERINARY MEDICAL BOARD › Section .0900 › Section 66 .0905 - REINSTATEMENT AFTER REVOCATION OF FACILITY PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
Any person whose facility permit been suspended or revoked
				  pursuant to the provisions of Rule .0904 of this Section may apply for
				  reinstatement subject to any terms and conditions contained in the final agency
				  decision issued by the Board upon revoking or suspending the person's facility
				  permit. The Board may conduct an inspection prior to reinstatement to determine
				  if the terms and conditions stated in the final agency decision have been
				  addressed.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0100 - GENERAL › Section 68 .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Chapter, the following terms are defined
				  as:
(1) "Applicant" means a person who
				submits documentation seeking Board status for registration, certification, or
				licensure.
(2) "Approved
				supervisor" means a person who monitors and directs the activities of a
				substance use disorder professional in the role of a supervisor or a practice
				supervisor as set out in
				G.S.
				90-113.31A. This is a person who fulfills or
				is in the process of fulfilling the requirements for this Board designation of
				approved supervisor pursuant to Rule .0211 of this Chapter by completing its
				academic, didactic, and experiential requirements.
(3) "Assessment" means identifying and
				evaluating an individual's strengths, weaknesses, problems, and needs for the
				development of a treatment or service plan for a substance use
				disorder.
(4) "Clinical
				application" means the assumption of professional and ethical responsibilities
				in the form of clinical supervision in a clinical setting for 300 hours, as
				well as the utilization of practice dimensions that include:
(a) clinical evaluation;
(b) treatment planning;
(c) referral;
(d) service coordination;
(e) counseling;
(f) education for the individual client,
				family, or community; and
(g)
				documentation.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0100 - GENERAL › Section 68 .0102 - BOARD ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unless
				otherwise directed, all correspondence shall be mailed to the following
				address:
North Carolina Addiction Specialist
Professional Practice Board
P.O. Box 10126
Raleigh, NC 27605.
(b) The Board website shall be located at
www.ncsappb.org
.
Authority
				  G.S.
				  90-113.30;
				  90-113.33;
Eff. August
				  1, 1996;
Amended Eff. August 1, 1998;
Readopted Eff.
				  October 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0200 - CERTIFICATION › Section 68 .0201 - APPLICATION FOR REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Applications, inquires, and forms shall be obtained from the Board's website,
www.ncsappb.org
and submitted to the Board
				for review and approval.
(b) To
				obtain an application packet, the applicant shall pay a non-refundable fee in
				the amount of twenty-five dollars ($25.00) through the Board's application
				found on the website.
Authority
				  G.S.
				  90-113.30;
				  90-113.33;
				  90-113.38;
				  90-113.39;
				  90-113.40;
Eff. August
				  1, 1996;
Amended Eff. August 1, 2002;
Readopted Eff.
				  October 1, 2020.