North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter N - FORMAL AND INFORMAL PROCEEDINGS › Section 32N .0110 - INITIATION OF DISCIPLINARY HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board shall issue a notice of charges and allegations only upon completion of
				an investigation, a finding by the Board or a committee of the Board that there
				exists a factual and legal basis for an action pursuant to any subsection of
				G.S.
				90-14(a), and a pre-charge
				conference, if one was requested by the licensee.
(b) Disciplinary proceedings shall be
				initiated and conducted pursuant to
				G.S.
				90-14 through
				G.S.
				90-14.7 and
				G.S.
				150B-38 through
				G.S.
				150B-42.
(c) A pre-hearing conference shall be held
				not less than seven days before the hearing date unless waived by the Board
				President or designated presiding officer upon written request by either party.
				The purpose of the conference will be to simplify the issues to be determined,
				obtain stipulations in regards to testimony or exhibits, obtain stipulations of
				agreement on undisputed facts or the application of particular laws, consider
				the proposed witnesses for each party, identify and exchange documentary
				evidence intended to be introduced at the hearing, and consider such other
				matters that may be necessary or advisable for the efficient and expeditious
				conduct of the hearing.
(d) The
				pre-hearing conference shall be conducted in the offices of the Board, unless
				another site is designated by mutual agreement of all parties. When a
				face-to-face conference is impractical, the Board President or designated
				presiding officer may order the pre-hearing conference be conducted by
				telephone conference.
(e) The
				pre-hearing conference shall be an informal proceeding and shall be conducted
				by the Board President or designated presiding officer.
(f) All agreements, stipulations, amendments,
				or other matters resulting from the pre-hearing conference shall be in writing,
				signed by the presiding officer, Respondent, or Respondent's counsel, and Board
				counsel, and introduced into the record at the beginning of the disciplinary
				hearing.
(g) Motions for a
				continuance of a hearing shall be granted upon a showing of good cause. In
				determining whether to grant such motions, the Board shall consider the
				Guidelines for Resolving Scheduling Conflicts adopted by the State-Federal
				Judicial Council of North Carolina. Motions for a continuance must be in
				writing and received in the office of the Board no less than 14 calendar days
				before the hearing date. A motion for a continuance filed less than 14 calendar
				days from the date of the hearing shall be denied unless the reason for the
				motion could not have been ascertained earlier. Motions for continuance shall
				be ruled on by the Board President or designated presiding officer.
(h) The Respondent may challenge on the basis
				of personal bias or other reason for disqualification the fitness and
				competency of any Board member to hear and weigh evidence concerning the
				Respondent. Challenges must be in writing accompanied by affidavit setting
				forth with specificity the grounds for such challenge and must be filed with
				the Board President or designated presiding officer at least 14 days before the
				hearing except for good cause shown. Nothing contained in this Rule shall
				prevent a Respondent appearing before the Board at a formal hearing from making
				inquiry of Board members as to their knowledge of and personal bias concerning
				that person's case and making a motion based upon the responses to those
				inquiries that a Board member recuse himself or herself or be removed by the
				Board President or presiding officer.
(i) In any formal proceeding pursuant to
				G.S.
				90-14.1 and
				G.S.
				90-14.2, discovery may be obtained as
				provided in
				G.S.
				90-8 and
				150B-39 by either the Board or
				the Respondent. Any discovery request by a Respondent to the Board shall be
				filed with the Chief Executive Officer of the Board. Nothing herein is intended
				to prohibit a Respondent or Respondent's counsel from issuing subpoenas to the
				extent that such subpoenas are otherwise permitted by law or rule. The Board
				may issue subpoenas for the Board or a Respondent in preparation for or in the
				conduct of a contested case as follows:
(1)
				Subpoenas may be issued for the appearance of witnesses or the production of
				documents or information, either at the hearing or for the purposes of
				discovery;
(2) Requests by a
				Respondent for subpoenas shall be made in writing to the Chief Executive
				Officer and shall include the following:
(A)
				the full name and home or business address of all persons to be subpoenaed;
				and
(B) the identification, with
				specificity, of any documents or information being sought;
(3) Where Respondent makes a request for
				subpoenas and complies with the requirements in Subparagraph (2) of this
				Paragraph, the Board shall provide subpoenas promptly;
(4) Subpoenas shall include the date, time,
				and place of the hearing and the name and address of the party requesting the
				subpoena. In the case of subpoenas for the purpose of discovery, the subpoena
				shall include the date, time, and place for responding to the subpoena;
				and
(5) Subpoenas shall be served
				as provided by the Rules of Civil Procedure,
				G.S.
				1A-1. The cost of service, fees, and expenses
				of any witnesses or documents subpoenaed shall be paid by the party requesting
				the witnesses.