21 NCAC 37I .0101. INVESTIGATION: DISCIPLINE: AND CONTESTED CASE PROCEEDINGS

(a)  The Chairperson of the Board shall appoint a Professional Standards Committee comprised of another member of the Board, the Executive Director and legal counsel, to investigate the qualifications of applicants and to review and investigate complaints.

(b)  The Board shall decide whether to grant or deny an application or whether, and what kind of, disciplinary action should be taken against a person registered with the Board.  If the Board's action results in a contested case, the designated member who participated in the investigation of the matter may not participate as a member of the hearing panel or in deliberation of the contested case.

(c)  The Professional Standards Committee shall recommend to the Board whether the allegations in any complaint against an applicant or licensee, if proven, would warrant a contested case proceeding pursuant to G.S. 150B-38 through G.S. 150B-42.

(d)  Under G.S. 150B‑40(e), the Board may elect not to hear its contested cases and refer contested cases to the Office of Administrative Hearings.

 

History Note:        Authority G.S. 90‑285; 150B‑40(e);

Eff. October 1, 1981;

Amended Eff. May 1, 1989;

Transferred and Recodified from 21 NCAC 37A .1122 Eff. April 1, 1996;

Amended Eff. July 1, 2000; April 1, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2014.