§ 90-14.2. Hearing before disciplinary action. - North Carolina Statutes

§ 90‑14.2.  Hearingbefore disciplinary action.

(a)        Before the Boardshall take disciplinary action against any license granted by it, the licenseeshall be given a written notice indicating the charges made against thelicensee, which notice may be prepared by a committee or one or more members ofthe Board designated by the Board, and stating that the licensee will be givenan opportunity to be heard concerning the charges at a time and place stated inthe notice, or at a time and place to be thereafter designated by the Board,and the Board shall hold a public hearing not less than 30 days from the dateof the service of notice upon the licensee, at which the licensee may appearpersonally and through counsel, may cross examine witnesses and present evidencein the licensee's own behalf. A licensee who is mentally incompetent shall berepresented at such hearing and shall be served with notice as herein providedby and through a guardian ad litem appointed by the clerk of the court of thecounty in which the licensee resides. The licensee may file written answers tothe charges within 30 days after the service of the notice, which answer shallbecome a part of the record but shall not constitute evidence in the case.

(b)        Once charges havebeen issued, neither counsel for the Board nor counsel for the respondent shallcommunicate ex parte, directly or indirectly, pertaining to a matter that is anissue of fact or a question of law with a hearing officer or Board member whois permitted to participate in a final decision in a disciplinary proceeding.In conducting hearings, the Board shall retain independent counsel to provideadvice to the Board or any hearing committee constituted under G.S. 90‑14.5(a)concerning contested matters of procedure and evidence.  (1953, c. 1248, s. 3; 1975,c. 690, s. 5; 2007‑346, s. 15; 2009‑558, s. 2.)