Section .1800 - Hearing and Appeal Rules of the Board of Legal

Specialization

 

27 NCAC 01D .1801          Incomplete

Applications; Reconsideration of Applications Rejected by Specialty Committee; and

Reconsideration Procedure

(a)  Incomplete Applications.  The executive director of the

North Carolina State Bar Board of Legal Specialization (the board) will review

every application to determine if the application is complete.  The applicant

will be notified in writing if an application is incomplete.  The applicant

must submit the information necessary to complete the application within 21

days of the date of the notice.  If the applicant fails to provide the required

information during the requisite time period, the executive director will return

the application to the applicant together with a refund of the application fee

less a fifty dollar ($50.00) administrative fee.  The decision of the executive

director to reject an application as incomplete is final unless the applicant

shows good cause for an extension of time to provide the required information.

(b)  Denial of Application by Specialty Committee.  The

executive director shall refer all complete applications to the specialty

committee for review for compliance with the standards for certification in the

specialty area for which certification is sought.  After reviewing the

applications, the specialty committee shall recommend to the board the

acceptance or rejection of the applications.  The specialty committee shall

notify the board of its recommendations in writing and the reason for any

negative recommendation must be specified.

(1)           Notification to Applicant of the Specialty

Committee's Action.  The executive director shall promptly notify the applicant

in writing of the specialty committee's recommendation of rejection of the

application and the board's intention to act in accordance with the committee's

recommendation.  The notification must specify the reason for the

recommendation of rejection of the application and shall inform the applicant

of the right to petition pursuant to Paragraph (c) of this Rule for reconsideration

of the recommendation of the specialty committee.

(c)  Petition for Reconsideration.  Within 14 days of the date

of the notice from the executive director that an application has been

recommended for rejection by a specialty committee, the applicant may petition

the board for reconsideration. The petition shall be in writing and shall

include the following information:  the applicant's election between a

reconsideration hearing on the written record or in-person; and the reasons for

which the applicant believes the specialty committee's recommendation should

not be accepted.

(d)  Reconsideration Procedure.  Upon receipt of a petition

filed pursuant to Paragraph (c) of this Rule, a three-member panel of the

board, to be appointed by the chairperson of the board, shall reconsider an application

pursuant to the following procedures:

(1)           Notice.  The chairperson of the panel shall

set the time and place of the hearing to reconsider the applicant's application

as soon as practicable after the applicant's request for reconsideration is

received.  The applicant shall be notified of the date at least 10 days prior

to the time set for the hearing.

(2)           Reconsideration on the Written Record.  If

the applicant elects to have the matter decided on the written record, the

applicant will not be present at the hearing and no witnesses will appear

before the panel except the executive director of the specialization program,

or a staff designee, who shall provide administrative support to the panel.  At

least 10 days prior to the hearing, the applicant shall provide the panel with

copies of any documents that the applicant would like to be considered by the

panel.

(3)           Reconsideration In-Person.  If the

applicant elects to be present at the hearing, the applicant may be represented

by counsel or represent himself or herself at such hearing.  The applicant may

offer witnesses and documents and may question any witness.  At least 10 days

prior to the hearing, the applicant shall provide the panel with copies of any

documents that the applicant wants considered by the panel and, if the

reconsideration is in-person, with the names of prospective witnesses.  At

least ten days prior to the hearing, the applicant shall be provided with

copies of any documents that the executive director will submit to the panel,

except confidential peer review forms or information, and with the names of

prospective witnesses.  Additional documents may be considered at the discretion

of the panel.

(4)           Burden of Proof.  The applicant must make a

clear and convincing showing that the application satisfies the standards for

certification in the applicable specialty.

(5)           Conduct of Reconsideration Hearing.

(A)          Preservation of Record.  The hearing shall be

recorded unless the applicant agrees in writing that the hearing shall not be

recorded or, if the applicant wants an official transcript, the applicant pays

the costs associated with obtaining a court reporter and makes all arrangements

for the court reporter's services and for the preparation of the transcript.

(B)          Procedural Rules.  The reconsideration hearing shall

not be conducted according to technical rules relating to evidence and

witnesses.  Any relevant evidence shall be admitted and may be considered by

the panel according to its probative value if it is the sort of evidence on

which responsible persons are accustomed to rely in the conduct of serious

affairs, regardless of any common law or statutory rule which might make

improper the admission of such evidence over objection in civil actions.

(C)          Decision of the Panel.  The decision of the panel

shall be by a majority of the members of the panel and shall be binding upon

the board. Written notification of the decision shall be sent to the applicant.

 If the board's decision is unfavorable, the notification shall set forth the

grounds for the decision and shall notify the applicant of the right to appeal

the decision to the North Carolina State Bar Council (the council) pursuant to

Rule .1804 of this subchapter.

(e)  Failure of Applicant to Petition the Board for Reconsideration

Within the Time Allowed by These Rules.  If the applicant does not petition the

board for reconsideration of the specialty committee's recommendation of

rejection of the application within the time allowed by these rules, the board

shall act on the matter at its next board meeting.

 

History Note:        Authority G.S. 84-23;

Readopted Eff. December 8, 1994;

Amended Eff. March 11, 2010; February 5, 2009; November

16, 2006, June 1, 1995.