.0601 GENERAL

History Note:

Statutory Authority G.S. 150B-2; 90-154;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.

.0602 RIGHT TO HEARING

1. Contested Cases. Disciplinary proceedings to enforce the provisions of G.S. 90-154 are deemed to be "contested case" within the meaning of G.S. 150B-2, and any licentiate subject to such proceedings shall be given notice and the opportunity to be heard.
2. Emergency License Suspension. Nothing within Paragraph (a) of this Rule shall abridge the right of the board to take emergency action to summarily suspend a license prior-to hearing pursuant to G.S. 150B-3(c).

History Note:

Legislative Objection Lodged Eff. January 31, 1983;
Curative Amended Eff. February 28, 1983;
Statutory Authority G.S. 150B-2; 150B-3;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988; January 1, 1983.

.0603 NOTICE OF HEARING ANSWER

1. The contents and manner of service of notice of hearing is a contested case shall be as prescribed in G.S. 150B-38(b) and (c).
2. Any party who has been served with notice of hearing may file a written response as prescribed in G.S. 150B-38(d).

History Note:

Legislative Objection Lodged Eff. January 31, 1983;
Curative Amended Eff. February 28, 1983;
Statutory Authority G.S. 150B-38
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988; January 1, 1983.

.0604 REQUEST FOR HEARING
.0605 GRANTING HEARING REQUEST
.0606 NOTICE AFTER REQUEST FOR HEARING

History Note:

Statutory Authority G.S. 150A-11; 150A-23;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.

.0607 LOCATION OF HEARING

The location of the hearing in a contested case shall be as prescribed in G.S. 150B-38(c).

History Note:

Statutory Authority G.S. 150B-38;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. January 1, 1989.

.0608 INTERVENTION

The intervention of persons not initially parties to a contested case is governed by G.S. 150B-38(f). Petitions or motions to intervene must be in writing. The board shall promptly determine whether to grant or deny intervention and shall so notify the petitioner and all parties in writing.

History Note:

Statutory Authority G.S. 90-142; 150-38;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. January 1, 1989.

.0609 TYPES OF INTERVENTION
.0610 DISQUALIFICATION OF HEARING OFFICERS

History Note:

Statutory Authority G.S. 150A-23; 150A-32
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.

.0611 SUBPOENAS

The authority of the board to issue or revoke subpoenas in preparation for, or in, the conduct of, contested cases is governed by G.S. 150B-39. If a subpoena is issued at the request of a party and not on the board's own motion, that party shall bear the cost of service.

History Note:

Statutory Authority G.S. 90-142; 150B-39;
Eff. January 1, 1989.