State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-14_5

§ 90‑14.5.  Use ofhearing committee and depositions; appointment of hearing officers.

(a)        Except as providedin subsection (a1) of this section, the Board, in its discretion, may designatein writing three or more hearing officers to conduct hearings as a hearingcommittee to take evidence. A majority of hearing officers participating in ahearing committee shall be licensees of the Board. The Board shall make areasonable effort to include on the panel at least one physician licensed inthe same or similar specialty as the licensee against whom the complaint hasbeen filed. If a current or retired judge as described in G.S. 90‑1.1(2)who is not a current or past Board member participates as a hearing officer,the Board may elect not to retain independent counsel for the hearingcommittee.

(a1)      The Board may use anadministrative law judge consistent with Article 3A of Chapter 150B of theGeneral Statutes in lieu of a hearing committee so long as the Board has notalleged that the licensee failed to meet an applicable standard of medicalcare.

(b)        Evidence andtestimony may be presented at hearings before the Board or a hearing committeein the form of depositions before any person authorized to administer oaths inaccordance with the procedure for the taking of depositions in civil actions inthe superior court.

(c)        The hearingcommittee shall submit a recommended decision that contains findings of factand conclusions of law to the Board. Before the Board makes a final decision,it shall give each party an opportunity to file written exceptions to therecommended decision made by the hearing committee and to present oralarguments to the Board. A quorum of the Board will issue a final decision. Nomember of the Board who served as a member of the hearing committee describedin subsection (a) of this section may participate as a member of the quorum ofthe Board that issues a final agency decision.

(d)        Hearing officersare entitled to receive per diem compensation and reimbursement for expenses asauthorized by the Board. The per diem compensation shall not exceed the amountallowed by G.S. 90‑13.3.  (1953, c. 1248, s. 3; 2006‑144, s. 5; 2007‑346,s. 18; 2009‑558, s. 3.)