§ 90-14.6. Evidence admissible. - North Carolina Statutes

§ 90‑14.6.  Evidenceadmissible.

(a)        Except as otherwiseprovided in proceedings held pursuant to this Article the Board shall admit andhear evidence in the same manner and form as prescribed by law for civilactions. A complete record of such evidence shall be made, together with theother proceedings incident to the hearing.

(b)        Subject to theNorth Carolina Rules of Civil Procedure and Rules of Evidence, in proceedingsheld pursuant to this Article, the individual under investigation may callwitnesses, including medical practitioners licensed in the United States withtraining and experience in the same field of practice as the individual underinvestigation and familiar with the standard of care among members of the samehealth care profession in North Carolina. Witnesses shall not be restricted toexperts certified by the American Board of Medical Specialties. A Board membershall not testify as an expert witness.

(c)        Subject to theNorth Carolina Rules of Civil Procedure and Rules of Evidence, statementscontained in medical or scientific literature shall be competent evidence inproceedings held pursuant to this Article. Documentary evidence may be receivedin the form of a copy or excerpt or may be incorporated by reference, if thematerials so incorporated are available for examination by the parties. Upontimely request, a party shall be given an opportunity to compare the copy withthe original if available.

(d)        When evidence isnot reasonably available under the Rules of Civil Procedure and Rules ofEvidence to show relevant facts, then the most reliable and substantialevidence available shall be admitted.

(e)        Any final agencydecision of the Board shall be based upon a preponderance of the evidenceadmitted in the hearing.  (1953, c. 1248, s. 3; 2003‑366, s. 5; 2007‑346,s. 19; 2009‑558, s. 4.)