subchapter 37i – professional standards
section .0100 - investigations
21 NCAC 37I .0101 INVESTIGATION: DISCIPLINE: AND
CONTESTED CASE PROCEEDINGS
(a) The Chairperson of the Board shall appoint a
Professional Standards Committee comprised of another member of the Board, the
Executive Director and legal counsel, to investigate the qualifications of
applicants and to review and investigate complaints.
(b) The Board shall decide whether to grant or deny an
application or whether, and what kind of, disciplinary action should be taken
against a person registered with the Board. If the Board's action results in a
contested case, the designated member who participated in the investigation of
the matter may not participate as a member of the hearing panel or in
deliberation of the contested case.
(c) The Professional Standards Committee shall recommend to
the Board whether the allegations in any complaint against an applicant or
licensee, if proven, would warrant a contested case proceeding pursuant to G.S.
150B-38 through G.S. 150B-42.
(d) Under G.S. 150B‑40(e), the Board may elect not to
hear its contested cases and refer contested cases to the Office of
Administrative Hearings.
History Note: Authority G.S. 90‑285; 150B‑40(e);
Eff. October 1, 1981;
Amended Eff. May 1, 1989;
Transferred and Recodified from 21 NCAC 37A .1122 Eff.
April 1, 1996;
Amended Eff. July 1, 2000; April 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. September 22, 2014.