Section .1800 - Hearing and Appeal Rules of the Board of Legal
27 NCAC 01D .1801 Incomplete
Applications; Reconsideration of Applications Rejected by Specialty Committee; and
(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
(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.