North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 63 - SOCIAL WORK CERTIFICATION › Section .0600 - DISCIPLINARY PROCEDURES › Section 63 .0608 - DECISION OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon the
				conclusion of a disciplinary proceeding noticed pursuant to
				21 NCAC
				63 .0603 and if so moved by two Board
				members, the Board shall deliberate on whether an applicant, certificate
				holder, or licensee involved has violated a statute or rule the Board has the
				authority to enforce, and what appropriate disciplinary action, if any, should
				be taken against the applicant, certificate holder, or licensee
				involved.
(b) If the Board reaches
				a decision on the issues set forth in Paragraph (a) of this Rule immediately
				upon the conclusion of the disciplinary proceeding, the Board shall announce
				the decision but shall provide the parties with an opportunity to submit
				proposed findings of fact and exceptions to the decision to the Board's office
				within 15 days. The Board may allow additional time for good cause shown or
				upon mutual agreement by the parties. For purposes of this Rule, "good cause"
				shall be determined by the length of the hearing, the complexity of the issues
				involved, and the availability of the parties.
(c) If the Board does not reach a decision on
				the issues set forth in Paragraph (a) of this Rule immediately upon the
				conclusion of the disciplinary proceeding, the Board shall provide the parties
				an opportunity to submit proposed findings of fact and conclusions of law to
				the Board's office within fifteen days, unless additional time is allowed by
				the Board for good cause shown or upon mutual agreement by the parties. The
				Board shall deliberate on the issues set forth in Paragraph (a) of this Rule at
				its next Board meeting following the parties' deadline to submit the proposed
				findings of fact and conclusions of law.
(d) Following the expiration of the time
				allowed for the parties to submit proposed findings and exceptions, the Board
				shall make a written final agency decision in accordance with
				G.S.
				150B-42.
(e) Disciplinary costs shall be assessed
				against an applicant, certificate holder, or licensee in a written final agency
				decision as set forth in
				G.S.
				90B-11 when:
(1) the licensee previously has rejected a
				consent order offered by the Board to resolve the disciplinary
				matter;
(2) the licensee previously
				has been disciplined by the Board pursuant to
				G.S.
				90B-11, previously received a
				non-disciplinary letter of caution, or previously received a non-disciplinary
				Consent Order from the Board for the same conduct at issue in disciplinary
				proceeding;
(3) the Board finds
				that the licensee's conduct or defense at hearing was dilatory or not asserted
				in good faith; or
(4) the Board
				denies, suspends, or revokes an application, certificate, or license.
Disciplinary costs shall equal three hundred dollars
				  ($300.00) per hour for time spent by the Board conducting a hearing that
				  results in disciplinary action and for time spent by the Board deliberating on
				  a disciplinary proceeding, with a minimum charge of three hundred dollars
				  ($300.00) for the first hour or portion thereof, and then prorated thereafter
				  for each half-hour