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 .0126 - COMPLAINTS; PRELIMINARY DETERMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  person who believes that any person, firm or corporation is in violation of any
				  provision of G.S. 90, Article 13A, 13D, 13E, or 13F or Title 21, Chapter 34, of
				  the North Carolina Administrative Code, may file a written complaint with the
				  Board's staff. If the accused is subject to the jurisdiction of the Board, the
				  complaint shall be handled pursuant to this Rule.
(b) A complaint shall be handled initially by
				  the Board's Executive Director, or staff designated by him or her. If a
				  complaint on its face appears to be outside the jurisdiction of the Board, the
				  Executive Director or his or her staff designees may forward the complaint to
				  the Board's disciplinary committee without following the procedures of
				  Paragraphs (c) through (e) of this Rule and may forward the matter to any
				  federal or state agency with the appropriate jurisdiction.
(c) The Executive Director or his or her
				  staff designees shall notify the accused of the complaint in writing. Such
				  notice shall be served by hand or by certified mail, return receipt requested;
				  shall state the allegations as contained in the complaint, or may enclose a
				  copy of the complaint; and shall contain a request that the accused submit a
				  response in writing within 10 days from the date the notice of the complaint is
				  received by the accused.
(d) If the
				  accused responds to the allegations, the Executive Director or his or her staff
				  designees shall forward a summary of the response, or the response itself, to
				  the person who filed the complaint and give him or her 15 days to respond.
				  Following a receipt of a rebuttal by the complainant or after 15 days without
				  having received a rebuttal and any additional investigation deemed necessary by
				  the Executive Director or his or her staff designees, the matter shall then be
				  referred to the disciplinary committee.
(e) If the accused does not respond to the
				  allegations, the Executive Director or his or her staff designees shall
				  investigate the allegations and refer the complaint and any other available
				  evidence to the Board's disciplinary committee for review.
(f) In accordance with Paragraphs (d) through
				  (e) of this Rule, the disciplinary committee shall review the complaint file.
				  The disciplinary committee may request additional investigation of a file or
				  make a preliminary determination to recommend that the Board take one of the
				  following actions:
(1) that the complaint be
				  dismissed because of insufficient grounds to believe one or more licensees has
				  violated any law or regulation of the Board or other grounds requiring
				  dismissal;
(2) that a letter of
				  caution be issued;
(3) that the
				  case be compromised pursuant to
				  G.S.
				  90-210.25(e)(1),
				  90-210.123(g), or
				  90-210.69(c);
(4) that the case be set for a contested case
				  hearing because sufficient grounds exist to believe one or more licensees may
				  have violated a law or regulation of the Board justifying disciplinary action;
				  or
(5) Any other action the Board
				  may take that is authorized by law.