State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_84 > GS_84-29

§84‑29.  Evidence and witnesses.

In any investigation ofcharges of professional misconduct or disability or in petitions forreinstatement, the Council and any committee thereof, and the disciplinaryhearing commission, and any committee thereof, may administer oaths andaffirmations and shall have the power to subpoena and examine witnesses underoath, and to compel their attendance, and the production of books, papers andother documents or writings deemed by it necessary or material to the inquiry.Each subpoena shall be issued under the hand of the secretary‑treasureror the president of the Council or the chair of the committee appointed to hearthe charges, and shall have the force and effect of a summons or subpoenaissued by a court of record, and any witness or other person who shall refuseor neglect to appear in obedience thereto, or to testify or produce the books,papers, or other documents or writings required, shall be liable to punishmentfor contempt either by the Council or its committee or a hearing committee ofthe disciplinary hearing commission through its chair pursuant to theprocedures set out in Chapter 5A of the General Statutes, but with the right toappeal therefrom. Depositions may be taken in any investigations of professionalmisconduct as in civil proceedings, but the Council or the committee hearingthe case may, in its discretion, whenever it believes that the ends ofsubstantial justice so require, direct that any witness within the State bebrought before it. Witnesses giving testimony under a subpoena before theCouncil or any committee thereof, or the disciplinary hearing commission or anycommittee thereof, or by deposition, shall be entitled to the same fees as incivil actions.

In cases heard before theCouncil or any committee thereof or the disciplinary hearing commission or anycommittee thereof, if the party shall be convicted of the charges, the partyshall be taxed with the cost of the hearings: Provided, however, that the billof costs shall not include any compensation to the members of the Council orcommittee before whom the hearings are conducted. (1933, c. 210, s. 12; 1959,c. 1282, s. 2; 1975, c. 582, s. 7; 1983, c. 390, s. 6; 1995, c. 431, s. 21.)