§ 90-14.10. Scope of review. - North Carolina Statutes

§ 90‑14.10.  Scope ofreview.

Upon the review of the Board'sdecision taking disciplinary action on a license, the case shall be heard bythe judge without a jury, upon the record, except that in cases of allegedomissions or errors in the record, testimony thereon may be taken by the court.The court may affirm the decision of the Board or remand the case for furtherproceedings; or it may reverse or modify the decision if the substantial rightsof the accused physician have been prejudiced because the findings or decisionsof the Board are in violation of substantive or procedural law, or are notsupported by competent, material, and substantial evidence admissible underthis Article, or are arbitrary or capricious. At any time after the notice ofappeal has been filed, the court may remand the case to the Board for thehearing of any additional evidence which is material and is not cumulative andwhich could not reasonably have been presented at the hearing before the Board.(1953, c. 1248,s. 3; 2007‑346, s. 21.)