North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0119 - FINAL DECISION IN CONTESTED CASE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Immediately
				  upon the conclusion of a disciplinary proceeding conducted pursuant to
				  G.S.
				  150B-38 and upon an adopted motion by the
				  Board, the Board shall deliberate on whether an applicant, licensee, or permit
				  holder involved has violated a statute or rule for which the Board has the
				  authority to enforce, and what disciplinary action, if any, should be taken
				  against the applicant, licensee, or permit holder.
(b) If the Board reaches a decision on the
				  issues set forth in Paragraph (a) of this Rule immediately upon the conclusion
				  of the disciplinary proceeding, the Board shall announce the decision but shall
				  provide the parties with an opportunity to submit proposed findings of fact and
				  exceptions to the decision to the Board's office within 15 days, unless
				  additional time is allowed by the Board for good cause shown or upon mutual
				  agreement by the parties. For purposes of this Rule, "good cause" shall mean
				  the length of the hearing, the complexity of the issues involved, and the
				  availability of the parties.
(c) If
				  the Board does not reach a decision on the issues set forth in Paragraph (a) of
				  this Rule immediately upon the conclusion of the disciplinary proceeding, the
				  Board shall provide the parties an opportunity to submit proposed findings of
				  fact and conclusions of law to the Board's office within 15 days, unless
				  additional time is allowed by the Board for good cause shown or upon mutual
				  agreement by the parties. The Board shall deliberate on the issues set forth in
				  Paragraph (a) of this Rule at its next Board meeting following the parties'
				  deadline to submit the proposed findings of fact and conclusions of
				  law.
(d) Following the expiration
				  of the time allowed for the parties to submit proposed findings and exceptions,
				  the Board shall make a written final agency decision in accordance with
				  G.S.
				  150B-42.
(e) Disciplinary costs shall be assessed
				  against an applicant, licensee, or permit holder in a written final agency
				  decision that results in disciplinary action following a show cause hearing, as
				  set forth in
				  G.S.
				  90-210.23(d1). For purposes
				  of this Rule, "disciplinary costs" are actual costs incurred by the Board to
				  prosecute the case, including per diems and expenses paid to Board members and
				  witnesses, costs for a court reporter and transcripts, and costs associated
				  with preparing exhibits.
(a)
				  Immediately upon the conclusion of a disciplinary proceeding conducted pursuant
				  to G.S.
				  150B-38 and upon an adopted motion by the
				  Board, the Board shall deliberate on whether an applicant, licensee, or permit
				  holder involved has violated a statute or rule for which the Board has the
				  authority to enforce, and what disciplinary action, if any, should be taken
				  against the applicant, licensee, or permit holder.
(b) If the Board reaches a decision on the
				  issues set forth in Paragraph (a) of this Rule immediately upon the conclusion
				  of the disciplinary proceeding, the Board shall announce the decision but shall
				  provide the parties with an opportunity to submit proposed findings of fact and
				  exceptions to the decision to the Board's office within 15 days, unless
				  additional time is allowed by the Board for good cause shown or upon mutual
				  agreement by the parties. For purposes of this Rule, "good cause" shall mean
				  the length of the hearing, the complexity of the issues involved, and the
				  availability of the parties.
(c) If
				  the Board does not reach a decision on the issues set forth in Paragraph (a) of
				  this Rule immediately upon the conclusion of the disciplinary proceeding, the
				  Board shall provide the parties an opportunity to submit proposed findings of
				  fact and conclusions of law to the Board's office within 15 days, unless
				  additional time is allowed by the Board for good cause shown or upon mutual
				  agreement by the parties. The Board shall deliberate on the issues set forth in
				  Paragraph (a) of this Rule at its next Board meeting following the parties'
				  deadline to submit the proposed findings of fact and conclusions of
				  law.
(d) Following the expiration
				  of the time allowed for the parties to submit proposed findings and exceptions,
				  the Board shall make a written final agency decision in accordance with
				  G.S.
				  150B-42.
(e) Disciplinary costs shall be assessed
				  against an applicant, licensee, or permit holder in a written final agency
				  decision that results in disciplinary action following a show cause hearing, as
				  set forth in
				  G.S.
				  90-210.23(d1). For purposes
				  of this Rule, "disciplinary costs" are actual costs incurred by the Board to
				  prosecute the case, including per diems and expenses paid to Board members and
				  witnesses, costs for a court reporter and transcripts, and costs associated
				  with preparing exhibits.
Authority
					 G.S.
					 90-210.23(a), (d);
					 90-210.23(d1);
					 150B-38(h);
					 150B-42;
Eff.
					 February 1, 1976;
Readopted Eff. September 27, 1977;
Repealed Eff. July 1, 1988;
Eff. October 1, 2021 (Codifier approved
					 request from agency to reuse rule number).