North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0104 - COMMITTEE ON INVESTIGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Upon receipt of a written complaint alleging misconduct that might subject a
				licensee or other person to discipline, or upon notice of such otherwise coming
				to the Board's attention through investigatory means, the Board may investigate
				such matter to determine whether probable cause exists to institute formal
				disciplinary proceedings.
(b) The
				President shall appoint one member from the Board to serve with the Executive
				Director of the Board as the probable cause or investigatory committee. The
				probable cause committee may be assisted by any attorney retained by the Board
				for the purpose of such investigation, or any investigator retained by the
				Board.
(c) The probable cause
				committee shall investigate the complaint referred to it by the Board. The
				committee shall determine whether or not there is probable cause to believe
				that the licensee has violated any statute or board rule which would justify a
				disciplinary hearing. If the committee determines that such probable cause
				exists, the committee may confer with the licensee in an attempt to settle the
				matter through informal means. If the committee and the licensee reach an
				agreement on the disposition of the matter under investigation, the committee
				may cause to be drafted a proposed settlement agreement, which may include
				proposed findings of fact, conclusions of law, and a consent order, for
				presentation to and consideration by the Board. Such settlement agreement shall
				be presented to and approved by the licensee before they are presented to the
				Board for consideration and approval.
(d) If the probable cause committee and the
				licensee are not able to settle the matter under investigation by informal
				means, the licensee may request an administrative hearing pursuant to Rule
				.0002 of this Section or the Board may give notice of a disciplinary or
				contested case hearing, if required.
(e) Any Board member who has been appointed
				to a probable cause committee shall not be assigned to make a decision or to
				make findings of fact and conclusions of law in any administrative hearing
				concerning the particular matter on which he served on the probable cause
				committee. Such Board member may be called as a witness and may give testimony
				at any administrative hearing resulting from such investigation.
(f) Subsequent to the issuance of a notice of
				hearing, the attorney prosecuting the contested case for the Board may not
				communicate, directly or indirectly, in connection with any issue of fact of
				question of law, with any party or his representative, including the members of
				the Board assigned to make a decision or to make findings of fact and
				conclusions of law in the contested case, except on notice and opportunity for
				all parties to participate. However, the attorney prosecuting the matter for
				the Board may continue to communicate concerning such contested case with the
				members of the probable cause committee who investigated such matter, and he
				may communicate with persons not parties to the contested case who may be
				called as witnesses, including the person who filed the complaint against the
				optometrist. He also may communicate with the Board members about other
				matters.
Authority
				  G.S.
				  90-117.5;
				  150B-38;
				  150B-40;
Eff. April
				  1, 1993;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23,
				  2015.