section .0100 - investigations

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 37 - nursing home administrator/subchapter i/subchapter i rules.html
Published: 2015

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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.