§ 90-14.1. Judicial review of Board's decision denying issuance of a license. - North Carolina Statutes

§ 90‑14.1.  Judicial review of Board's decisiondenying issuance of a license.

Whenever the North Carolina Medical Board has determined that a personwho has duly made application to take an examination to be given by the Boardshowing his education, training and other qualifications required by saidBoard, or that a person who has taken and passed an examination given by theBoard, has failed to satisfy the Board of his qualifications to be examined orto be issued a license, for any cause other than failure to pass anexamination, the Board shall immediately notify such person of its decision,and indicate in what respect the applicant has so failed to satisfy the Board.Such applicant shall be given a formal hearing before the Board upon request ofsuch applicant filed with or mailed by registered mail to the secretary of theBoard at Raleigh, North Carolina, within 10 days after receipt of the Board'sdecision, stating the reasons for such request. The Board shall within 20 daysof receipt of such request notify such applicant of the time and place of apublic hearing, which shall be held within a reasonable time. The burden ofsatisfying the Board of his qualifications for licensure shall be upon theapplicant. Following such hearing, the Board shall determine whether theapplicant is qualified to be examined or is entitled to be licensed as the casemay be. Any such decision of the Board shall be subject to judicial review uponappeal to the Superior Court of Wake County upon the filing with the Board of awritten notice of appeal with exceptions taken to the decision of the Boardwithin 20 days after service of notice of the Board's final decision. Within 30days after receipt of notice of appeal, the secretary of the Board shallcertify to the clerk of the Superior Court of Wake County the record of thecase which shall include a copy of the notice of hearing, a transcript of thetestimony and evidence received at the hearing, a copy of the decision of theBoard, and a copy of the notice of appeal and exceptions. Upon appeal the caseshall be heard by the judge without a jury, upon the record, except that incases of alleged omissions or errors in the record, testimony may be taken bythe court. The decision of the Board shall be upheld unless the substantialrights of the applicant have been prejudiced because the decision of the Boardis in violation of law or is not supported by any evidence admissible underthis Article, or is arbitrary or capricious. Each party to the reviewproceeding may appeal to the Supreme Court as hereinafter provided in G.S. 90‑14.11.(1953, c. 1248, s. 3;1995, c. 94, s. 14.)