North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0515 - DISCIPLINARY PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
Authority
				  G.S.
				  89E-5;
				  89E-19;
				  89E-20;
				  150B-3;
				  150B-38 through
				  150B-42;
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.