North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1800 - HEARING AND APPEAL RULES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1802 - DENIAL, REVOCATION, OR SUSPENSION OF CONTINUED CERTIFICATION AS A SPECIALIST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Denial of Continued Certification. The
				  board, upon its initiative or upon recommendation of the appropriate specialty
				  committee, may deny continued certification of a specialist, if the applicant
				  does not meet the requirements as found in Rule .1721(a) of this
				  Subchapter.
(b) Revocation and
				  Suspension of Certification as a Specialist. The board shall revoke the
				  certification of a lawyer as provided in Rule .1723(a) of this Subchapter and
				  may revoke or suspend the certification of a lawyer as provided in Rule
				  .1723(b) of this Subchapter.
(c)
				  Notification of Board Action. The executive director shall notify the lawyer of
				  the board's action to grant or deny continued certification as a specialist
				  upon application for continued certification pursuant to Rule .1721(a) of this
				  Subchapter, or to revoke or suspend continued certification pursuant to Rule
				  .1723(a) or (b) of this Subchapter. If the board's action is unfavorable, the
				  notification shall set forth the grounds for the action and shall notify the
				  lawyer of the right to a hearing if allowed by these rules.
(d) Request for Hearing. Within 14 days of
				  the date of the notice from the executive director of the board that the lawyer
				  has been denied continued certification pursuant to Rule .1721(a) of this
				  Subchapter or that certification has been revoked or suspended pursuant to Rule
				  .1723(b) of this Subchapter, the lawyer must request a hearing before the board
				  in writing. There is no right to a hearing upon automatic revocation pursuant
				  to Rule .1723(a) of this Subchapter.
(e) Hearing Procedure. Except as set forth in
				  Rule .1802(f) below, the procedures set forth in Rule .1801(d) of this
				  Subchapter shall be followed when a lawyer requests a hearing regarding the
				  denial of continued certification pursuant to Rule .1721(a) of this Subchapter
				  or the revocation or suspension of certification under Rule .1723(b) of this
				  Subchapter.
(f) Burden of Proof:
				  Preponderance of the Evidence. A three-member panel of the board shall apply
				  the preponderance of the evidence rule in determining whether the lawyer's
				  certification should be continued, revoked, or suspended. The burden of proof
				  is upon the lawyer.
(g)
				  Notification of Board's Decision. After the hearing, the board shall timely
				  notify the lawyer of its decision regarding continued certification as a
				  specialist. If the board's decision is unfavorable, the notification shall set
				  forth the grounds for the decision and the lawyer's appeal rights under Rule
				  .1804 of this Subchapter.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. March 11, 2010; February 5,
					 2004.