90-14.5. Use of recommended decisions; appointment of hearing officers.
(a) Except as provided in subsection (a1) of this section, the Board, in its discretion, may designate in writing three or more hearing officers to conduct hearings as a hearing committee to take evidence. A majority of hearing officers participating in a hearing committee shall be licensees of the Board. The Board shall make a reasonable effort to include on the panel at least one physician licensed in the same or similar specialty as the licensee against whom the complaint has been 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 hearing committee.
(a1) The Board may use an administrative law judge consistent with Article 3A of Chapter 150B of the General Statutes in lieu of a hearing committee so long as the Board has not solely alleged that the licensee failed to meet an applicable standard of care. Notwithstanding this subsection, the Board may use an administrative law judge consistent with Article 3A of Chapter 150B of the General Statutes if the licensee is a current or former Board member.
(b) Repealed by Session Laws 2019-191, s. 29, effective October 1, 2019.
(c) The hearing committee shall submit a recommended decision that contains findings of fact and 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 the recommended decision made by the hearing committee and to present oral arguments to the Board. A quorum of the Board will issue a final decision. No member of the Board who served as a member of the hearing committee described in subsection (a) of this section may participate as a member of the quorum of the Board that issues a final agency decision.
(d) Hearing officers are entitled to receive per diem compensation and reimbursement for expenses as authorized by the Board. The per diem compensation shall not exceed the amount allowed by G.S. 90-13.3. (1953, c. 1248, s. 3; 2006-144, s. 5; 2007-346, s. 18; 2009-558, s. 3; 2019-191, s. 29.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 90 - Medicine and Allied Occupations
Article 1 - Practice of Medicine.
§ 90-1 - North Carolina Medical Society incorporated.
§ 90-3 - Review Panel recommends certain Board members; criteria for recommendations.
§ 90-4 - Board elects officers; quorum.
§ 90-5.1 - Powers and duties of the Board.
§ 90-5.2 - Board to collect and publish certain data.
§ 90-5.3 - Reporting and publication of medical judgments, awards, payments, and settlements.
§ 90-8 - Officers may administer oaths, and subpoena witnesses, records and other materials.
§ 90-8.1 - Rules governing applicants for licensure.
§ 90-8.2 - Appointment of subcommittees.
§ 90-9.1 - Requirements for licensure as a physician under this Article.
§ 90-9.2 - Requirements for graduates of international medical schools.
§ 90-9.3 - Requirements for licensure as a physician assistant.
§ 90-9.4 - Requirements for licensure as an anesthesiologist assistant.
§ 90-10.1 - Examinations accepted by the Board.
§ 90-11 - Criminal background checks.
§ 90-12.01 - Limited license to practice in a medical education and training program.
§ 90-12.1 - Recodified as G.S90-12.4, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-12.1A - Limited volunteer license.
§ 90-12.1B - Retired limited volunteer license.
§ 90-12.2 - Recodified as G.S90-12.5, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-12.2A - Special purpose license.
§ 90-12.3 - Medical school faculty license.
§ 90-12.4 - Physician assistant limited volunteer license.
§ 90-12.4B - Physician Assistant retired limited volunteer license.
§ 90-12.5 - Disasters and emergencies.
§ 90-12.7 - Treatment of overdose with opioid antagonist; immunity.
§ 90-13.2 - Registration every year with Board.
§ 90-13.3 - Salaries, fees, expenses of the Board.
§ 90-14 - Disciplinary Authority.
§ 90-14.1 - Judicial review of Board's decision denying issuance of a license.
§ 90-14.2 - Hearing before disciplinary action.
§ 90-14.3 - Service of notices.
§ 90-14.5 - Use of recommended decisions; appointment of hearing officers.
§ 90-14.6 - Evidence admissible.
§ 90-14.7 - Procedure where person fails to request or appear for hearing.
§ 90-14.8 - Appeal from Board's decision taking disciplinary action on a license.
§ 90-14.9 - Appeal bond; stay of Board order.
§ 90-14.11 - Appeal; appeal bond.
§ 90-15 - Recodified as G.S90-13.1, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-15.1 - Recodified as G.S90-13.2, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-18 - Practicing without license; penalties.
§ 90-18.1 - Limitations on physician assistants.
§ 90-18.2 - Limitations on nurse practitioners.
§ 90-18.3 - Medical or physical examination by nurse practitioners and physician assistants.
§ 90-18.4 - Limitations on clinical pharmacist practitioners.
§ 90-18.5 - Limitations on anesthesiologist assistants.
§ 90-18.6 - Requirements for certain nicotine replacement therapy programs.