North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0122 - RIGHT TO REVIEW AND APPEAL TO COUNCIL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Lapsed
				  Certification. An individual whose certification has lapsed pursuant to Rule
				  .0120(c) of this subchapter for failure to complete all of the requirements for
				  renewal within the prescribed time limit shall have the right to request
				  reinstatement for good cause shown. A request for reinstatement shall be in
				  writing, must state the personal circumstances prohibiting or substantially
				  impeding satisfaction of the requirements for renewal within the prescribed
				  time limit, and must be made within 90 days of the date notice of lapse is
				  mailed to the individual. The request for reinstatement shall be reviewed on
				  the written record and ruled upon by the board. There shall be no other right
				  to review by the board or appeal to the council under this rule.
(b) Denial of Certification or Continued
				  Certification. An individual who is denied certification or continued
				  certification as a paralegal or whose certification is suspended or revoked
				  shall have the right to a review before the board pursuant to the procedures
				  set forth below and, thereafter, the right to appeal the board's ruling thereon
				  to the council under such rules and regulations as the council may prescribe.
(1) Notification of the Decision of the
				  Board. Following the meeting at which the board denies certification for
				  failure to meet the standards for certification, including failing the
				  examination, denies continued certification, or suspends or revokes
				  certification, the executive director shall promptly notify the individual in
				  writing of the decision of the board. The notification shall specify the reason
				  for the decision of the board and shall inform the individual of his or her
				  right to request a review before the board.
(2) Request for Review by the Board. Except
				  as provided in paragraph (e) of this rule, within 30 days of the mailing of the
				  notice from the executive director described in paragraph (b) of this rule, the
				  individual may request review by the board. The request shall be in writing and
				  state the reasons for which the individual believes the prior decision of the
				  board should be reconsidered and withdrawn. The request shall state whether the
				  board's review shall be on the written record or at a hearing.
(3) Review by the Board. A three-member panel
				  of the board shall be appointed by the chair of the board to reconsider the
				  board's decision and take action by a majority of the panel. At least one
				  member of the panel shall be a lawyer member of the board and at least one
				  member of the panel shall be a paralegal member of the board. The decision of
				  the panel shall constitute the final decision of the board.
(A) Review on the Record. If requested, the
				  panel shall review the entire written record including the individual's
				  application, all supporting documentation, and any written materials submitted
				  by the individual within 30 days of mailing the request for review. The panel
				  shall make its decision within sixty (60) days of receipt of the written
				  request for review from the individual.
(B) Review Hearing. If requested, the panel
				  shall hold a hearing at a time and location that is convenient for the panel
				  members and the individual provided the hearing occurs within sixty (60) days
				  of receipt of the written request for review from the individual. The hearing
				  shall be informal. The Rules of Evidence and the Rules of Civil Procedure shall
				  not apply. The individual may be represented by a lawyer at the hearing, may
				  offer witnesses and exhibits, and may question witnesses for the board. The
				  panel may ask witnesses to appear and may consider exhibits on its own request.
				  Witnesses shall not be sworn. The hearing shall not be reported unless the
				  applicant pays the costs of the transcript and arranges for the preparation of
				  the transcript with the court reporter.
(C) Decision of the Panel. The individual
				  shall be notified in writing of the decision of the panel and, if unfavorable,
				  the right to appeal the decision to the council under such rules and
				  regulations as the council may prescribe. To exercise this right, the
				  individual must file an appeal to the council in writing within 30 days of the
				  mailing of the notice of the decision of the panel.