21 NCAC 56 .1403. NOTICE OF CONTEMPLATED BOARD ACTION: REQUEST FOR HEARING

(a)  When the Board takes action of a type specified in Subparagraphs (1), (2) or (3) of Rule .1402 of this Section, it shall give to the applicant a written notice containing a statement:

(1)           that the applicant has failed to satisfy the Board of the qualifications to be examined or to be issued a license, as the case may be;

(2)           indicating in what respects the applicant has so failed to satisfy the Board; and

(3)           that unless the applicant, within 20 days after service of said notice, deposits in the mail a certified letter addressed to the Board and containing a request for a hearing, the Board's action will become final.

In any Board proceeding involving the denial of a duly made application to take an examination, or refusal to issue a license after an applicant has taken and passed an examination, the burden of satisfying the Board of the applicant's qualifications shall be upon the applicant.

(b)  When the Board contemplates taking any action of a type specified in Subparagraphs (4), (5), (6), (7), (8), or (9) of Rule .1402 of this Section, it shall give to the licensee a written notice containing a statement:

(1)           that the Board has sufficient evidence which, if not rebutted or explained, will justify the Board in taking the contemplated action;

(2)           indicating the general nature of the evidence; and

(3)           that unless the licensee, within 20 days after service of said notice, deposits in the mail a certified letter addressed to the Board and containing a request for a hearing or settlement conference, the Board will take the contemplated action.

 

History Note:        Authority G.S. 89C‑10; 89C‑21; 89C‑22; 150B‑38;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. August 1, 1998; December 1, 1984; January 1, 1982.