21 NCAC 21 .0502 REPRIMAND

If probable cause is found, but it is determined that a discriplinary hearing is not warranted, the Board may issue a reprimand to the accused party. A record of such reprimand shall be mailed to the accused party and within 15 days after receipt of the reprimand the accused party may refuse the reprimand and request that a Hearing be held pursuant to G.S. 150B.  Such refusal and request shall be addressed to the Board and filed with the secretary-treasurer of the Board. The legal counsel for the Board shall thereafter prepare and file a Notice of Hearing. If the letter of reprimand is accepted, a copy of the reprimand shall be maintained in the office of the Board.

History Note:  Authority G.S. 89E-5; 89E-19;
                     Eff. February 1, 1986;
                     Amended Eff. April 1, 1989.
                     Temporary Amendment Eff. November 24, 1999
                     Amendment Eff. August 1, 2000.

21 NCAC 21 .0503 APPLICABLE HEARING RULES

When the Board elects to have the Office of Administrative Hearings hear a contested case, the Board's rules pertaining to contested case hearings, instead of the rules of the Office of Administrative Hearings, shall apply.

History Note:  Authority G.S. 89E5; 89E20; 150B38;
                     Eff. February 1, 1986;
                     Amended Eff. April 1, 1989.

21 NCAC 21 .0504 CAUTION

If no probable cause is found, but it is determined by the Board that the conduct of the accused party is not in accord with accepted professional practice or may be the subject of discipline if continued or repeated, the Board may issue a letter of caution to the accused party stating that the conduct, while not the basis for a disciplinary hearing, is not professionally acceptable or may be the basis for a disciplinary hearing if repeated. A record of such letter of caution shall be maintained in the office of the Board.

History Note:  Authority G.S. 89E5;
                     Eff. February 1, 1986;
                     Amended Eff. April 1, 1989.

21 NCAC 21 .0505 RIGHT TO HEARING

When the Board, other than in a rulemaking or declaratory ruling proceeding, acts or proposes to act in a manner which will affect the rights, duties, or privileges of a specific identifiable person or persons, those persons have a right to an administrative hearing. When the Board proposes to act in such manner, it shall give to any such person or persons notice of their right to a hearing by mailing by certified mail to such person at his last known address a notice of the proposed action and a notice of a right to a hearing.

History Note:  Authority G.S. 89E20; 150B11; 150B38;
                     Eff. February 1, 1986;
                     Amended Eff. April 1, 1989.

21 NCAC 21 .0506 REQUEST FOR HEARING

(a) When an individual believes his rights, duties or privileges have been or may be affected by the Board's administrative action, but has not received notice of a right to an administrative hearing, he may file a formal request for a hearing.
(b) The formal request shall bear the notation: RE: REQUEST FOR ADMINISTRATIVE HEARING. That request should contain the following information:

(1) name and address of the petitioner;

(2) a concise statement of the action taken by the Board which is challenged;

(3) a concise statement of the way in which the petitioner has been aggrieved; and

(4) a clear and specific statement of request for a hearing.

History Note:  Authority G.S. 89E20; 150B11; 150B38;
                     Eff. February 1, 1986;
                     Amended Eff. April 1, 1989.

21 NCAC 21 .0507 GRANTING OR DENYING HEARING REQUESTS

(a) The Board will grant a request for a hearing if it determines that the party requesting the hearing is a "person aggrieved" within the meaning of G.S. 150B2(6).
(b) The denial of a request for a hearing will be issued immediately upon decision, and in no case later than 60 days after the submission of the request. Such denial shall contain a statement of the reasons leading the Board to deny the request.