North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2017 - REAPPLICATIONS, REINSTATEMENT, REHEARING, AND RECONSIDERATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following terms govern reapplication,
				reinstatement, rehearing, and other reconsideration requests from a final
				agency decision, unless otherwise expressly provided in that final agency
				decision:
(1) No individual who holds a
				license, registration, or other privilege from the Board who has that license,
				registration, or other privilege either revoked or actively suspended
				indefinitely or for more than five years may petition for reinstatement, to
				have the revocation or suspended lifted, for reconsideration or rehearing, or
				otherwise for modification or rescinding the order, until at least five years
				from the effective date of the revocation or suspension.
(2) No individual who has had an application
				for a license, registration, or other privilege from the Board denied may
				submit another application or petition for reconsideration or rehearing or
				otherwise for modification or rescinding the denial, until at least two years
				from the date of the most recent application that the Board denied. At that
				time, the individual must submit a new application for the Board to
				consider.
(3) No permit holder who
				has had that permit either revoked or actively suspended indefinitely or for
				more than five years may submit another application or petition for
				reinstatement, to have the revocation or suspended lifted, for reconsideration
				or rehearing, or otherwise for modification or rescinding the order, until at
				least five years from the effective date of the revocation or
				suspension.
(4) No proposed permit
				holder who has had an application for a permit denied may submit another
				application for a permit or petition for reconsideration or rehearing or
				otherwise for modification or rescinding the denial, until at least two years
				from the date of the most recent application that was denied. At that time, the
				proposed permit holder must submit a new application for the Board to
				consider.
(5) If any license,
				registration, permit, or any other privilege is subject to a stayed suspension
				or an active suspension for a period of five years or shorter, the person
				holding that privilege may not submit another application, or petition for
				reinstatement, to have the suspension lifted, for reconsideration or rehearing,
				or otherwise for modification or rescinding the order, before the conclusion of
				that suspension.
(6) For the
				purposes of Subparagraphs (3), (4), and (5) of this Paragraph, the Board shall
				treat a permit holder or proposed permit holder the same as a prior permit
				holder or proposed permit holder if either of the following two conditions is
				true:
(A) the permit holder or proposed permit
				holder has the same pharmacy manager and there is more than 10 percent common
				ownership as the prior permit holder or proposed permit holder; or
(B) the permit holder or proposed permit
				holder has 50 percent or more common ownership as the prior permit holder or
				proposed permit holder.
To determine common ownership under this Rule, the Board
				  shall consider business entities to be identical to other business entities if
				  there is more than a 50 percent common ownership. Furthermore, to determine
				  common ownership under this Rule, the Board shall combine the interests of
				  individuals with the interests of any business entities in which the
				  individuals have more than a 10 percent interest, as well as with the interests
				  of individuals in the same family.