Practice Act (Laws & Regulations)Printer friendly version of the "Practice Act" Show
President's Letters NORTH CAROLINA GENERAL STATUTES G.S. 90-179 Purpose of Article North Carolina
Administrative Code SECTION .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS SECTION .0200 - PRACTICE OF VETERINARY MEDICINE SECTION
.0300 - EXAMINATION AND LICENSING PROCEDURES SECTION .0400 - RULES; PETITIONS; HEARINGS SECTION .0500 - DECLARATORY RULES SECTION .0600 - ADMINISTRATIVE HEARINGS SECTION .0700 - ADMINISTRATIVE HEARINGS;
DECISIONS; RELATED RIGHTS SECTION .0800 - JUDICIAL REVIEW (REPEALED) NORTH CAROLINA VETERINARY PRACTICE ACTGeneral Statutes of North CarolinaChapter 90, Article 1190-179. Purpose of article. In order to promote the public health, safety, and welfare by safeguarding the people of this State against unqualified or incompetent practitioners of veterinary medicine, it is hereby declared that the right to practice veterinary medicine is a privilege conferred by legislative grant to persons possessed of the personal and professional qualifications specified in this Article. 90-180. Title. This Article shall be known as the North Carolina Veterinary Practice Act. 90-181. Definitions. When used in this Article these words and phrases shall be defined as follows: 90-181.1. Practice facility names and levels of service. (a) In order to accurately inform the public of the levels of service offered, a veterinary practice facility shall use in its name one of the descriptive
terms defined in subsection (b) of this section. The name of a veterinary practice facility shall, at all times, accurately reflect the level of service being offered to the public. If a veterinary facility or practice offers on-call emergency service, that service must be as that term is defined in subsection (b) of this section. 90-182. North Carolina Veterinary Medical Board; appointment, membership, organization. (a) In order to properly regulate the practice of veterinary medicine and surgery, there is established a Board to be known as the North Carolina
Veterinary Medical Board which shall consist of eight members. Five members shall be appointed by the Governor. Four of these members shall have been legal residents of and licensed to practice veterinary medicine in this State for not less than five years preceding their appointment. The other member shall not be licensed or registered under the Article and shall represent the interest of the public at large. Each member appointed by the Governor shall reside in a different congressional
district. The General Assembly, upon the recommendation of the President Pro Tempore of the Senate, shall appoint to the Board one member who shall have been a resident of and licensed to practice veterinary medicine in this State for no less than five years preceding the appointment. The General Assembly, upon the recommendation of the Speaker of the House of Representatives, shall appoint to the Board one member who shall have been a legal resident of and registered as a veterinary technician
in this State for not less than five years preceding the appointment. In addition to the seven members appointed as provided above, the Commissioner of Agriculture shall biennially appoint to the Board the State Veterinarian or another veterinarian from a staff of a North Carolina department or institution. This member shall have been a legal resident of and licensed to practice veterinary medicine in North Carolina for not less than five years preceding his appointment. Every member shall,
within 30 days after notice of appointment, appear before any person authorized to administer the oath of office and take an oath to faithfully discharge the duties of the office. 90-183. Meeting of Board The Board shall meet at least four times per year at the time and place fixed by the Board. Other meetings may be called by the president of the Board by giving notice as may be required by rule. A majority of the Board shall constitute a quorum. Meetings shall be open and public except that the Board may meet in closed session to prepare, approve, administer, or grade examinations, or to deliberate the qualification of an applicant for license or the disposition of a proceeding to discipline a veterinarian. At its last meeting of the fiscal year the Board shall organize by electing, for the following fiscal year, a president, a vice-president, a secretary-treasurer, and such other officers as may be prescribed by rule. Officers of the Board shall serve for terms of one year and until a successor is elected, without limitation on the number of terms an officer may serve. The president shall serve as chairman of Board meetings. 90-184. Compensation of the Board In addition to such reimbursement for travel and other expenses as is normally allowed to State employees, each member of the Board, for each day or substantial portion thereof that the member is engaged in the work of the Board may receive a per diem allowance, as determined by the Board in accordance with G.S. 93B-5. None of the expenses of the Board or of the members shall be paid by the State. 90-185. General powers of the Board The Board may: 90-186. Special powers of the Board. In addition to the powers set forth in G.S. 90-185 above, the Board may: 90-187. Application for license; qualifications. (a) Any person desiring a license to practice veterinary medicine in this State shall make written application to the Board. 90-187.1. Examinations. The Board shall hold at least one examination during each year and may hold such additional examinations as may appear
necessary. The executive director shall give public notice of the time and place for each examination at least 90 days in advance of the date set for the examination. A person desiring to take an examination shall make application at least 60 days before the date of the examination. The Board shall determine the passing score for the successful completion of an examination. 90-187.2. Status of persons previously licensed. Any person holding a valid license to practice veterinary medicine in this State on July 1, 1974, shall be recognized as a licensed veterinarian and shall be entitled to retain this status so long as he complies with the provisions of this Article, and Board rules adopted pursuant thereto. 90-187.3. Applicants licensed in other states. (a) The Board may issue a license without written examination, other than the written North Carolina license examination, to applicants already licensed in another state provided the applicant presents evidence satisfactory to the Board that: 90-187.4. Temporary permit. (a) The Board may issue, without examination a temporary permit to practice veterinary medicine in this State: 90-187.5. License renewal. All licenses and limited licenses shall expire annually or biennially, as determined by the Board, on December 31 but may be renewed by application to the Board and payment of the renewal fee established and published by the Board. The executive director shall issue a new certificate of registration to all persons registering under this Article. Failure to apply for renewal within 60 days after expiration shall result in automatic revocation of the license or limited license and any person who shall practice veterinary medicine after such revocation shall be practicing in violation of this Article. Provided, that any person may renew an expired license or limited license at any time within two years following its expiration upon application and compliance with Board requirements and the payment of all applicable fees in amounts allowed by this Article or administrative rule of the Board; and further provided, that the applicant is otherwise eligible under this Article or administrative rules of the Board to have the license renewed. 90-187.6. Veterinary technicians and staff. (a) "Veterinary technicians" and "veterinary student interns", before performing any services otherwise prohibited to persons not licensed or registered under this
Article, shall be approved by and registered with the Board. The Board shall be responsible for all matters pertaining to the qualifications, registration, discipline, and revocation of registration of these persons, under this Article and rules issued by the Board. 90-187.7. Abandonment of animals; notice to owner; relief from liability for disposal; "abandoned" defined. (a) Any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, which shall be unclaimed by its owner or his agent for a period of more than 10 days after written notice by registered or certified mail, return receipt requested, to the owner or his agent at his last known address, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as such custodian may deem
proper. 90-187.8. Discipline of licensees. (a) Upon complaint or information, and within the Board's discretion, the Board may revoke or suspend a license issued under this Article, may otherwise discipline a person licensed under this Article, or may deny a license required by this Article in accordance with the provisions
of this Article, Board rules, and Chapter 150B of the General Statutes. As used in this section, the word "license" includes a license, a limited license, a veterinary faculty certificate, a zoo veterinary certificate, and a registration of a veterinary technician and a veterinary student intern. 90-187.9. Reinstatement. (a) A person licensed or registered as a veterinary technician under this Article who has had his or her license or registration revoked for failure to
apply for renewal may be reinstated at any time within three years following revocation upon filing an application for reinstatement and paying all accrued renewal fees and the reinstatement fee. As a condition of reinstatement, the applicant shall submit proof to the Board that the applicant has earned the continuing education credits required under this Article and rules adopted by the Board for each year the license or registration was revoked. 90-187.10. Necessity for license; certain practices exempted. No person
shall engage in the practice of veterinary medicine or own all or part interest in a veterinary medical practice in this State or attempt to do so without having first applied for and obtained a license for such purpose from the North Carolina Veterinary Medical Board, or without having first obtained from the Board a certificate of renewal of license for the calendar year in which the person proposes to practice and until the person shall have been first licensed and registered for such
practice in the manner provided in this Article and the rules and regulations of the Board. 90-187.11. Partnership, corporate, or sole proprietorship practice. A veterinary medical practice may be conducted as a sole proprietorship, by a partnership, or by a duly registered professional corporation. Whenever the practice of veterinary medicine is carried on by a partnership, all partners must be licensed. It shall be unlawful for any corporation to practice or offer to practice veterinary medicine as defined in this Article, except as provided for in Chapter 55B of the General Statutes of North Carolina. 90-187.12. Unauthorized practice; penalty. If any person shall 90-187.13. Injunctions The Board may appear in its own name in the superior courts in an action for injunctive relief to prevent violation of this Article and the superior courts shall have power to grant such injunctions regardless of whether criminal prosecution has been or may be instituted as a result of such violations. Actions under this section shall be commenced in the superior court or set of districts as defines in G.S. 7A-41.1 in which the respondent resides or has his principal place of business or in which the alleged acts occurred. 90-187.14. Veterinary faculty certificates and zoo veterinary certificates. (a) The Board may, upon application, issue veterinary faculty certificates in lieu of a license that otherwise would be required by this Article. 90-187.15. Board agreement for programs for impaired veterinary personnel. (a) The Board may enter into agreements with organizations that have developed programs for impaired veterinary personnel. Activities to be covered by these agreements may include investigation, review, and evaluation of records, reports, complaints, litigation,
and other information about the practices or the practice patterns of veterinary personnel licensed or registered by the Board as these matters may relate to impaired veterinary personnel. Organizations having programs for impaired veterinary personnel may include a statewide supervisory committee or various regional or local components or subgroups. 90-187.16. Practice of veterinary medicine allowed at registered animal shelters. Notwithstanding any rule adopted by the Board prescribing minimum facility and practice standards for any location where veterinary medicine is practiced, a licensed veterinarian may practice veterinary medicine, including surgery and invasive procedures, at an animal shelter registered with the Department of Agriculture and Consumer Services, consistent with any rules adopted by the Department of Agriculture and Consumer Services concerning animal shelters. 21 NCAC Chapter 66 – NCVMB Administrative RulesSECTION .0100 STATUTORY AND ADMINISTRATIVE PROVISIONS.0101 AUTHORITY: NAME AND LOCATION OF BOARD The "North Carolina Veterinary Practice Act," Article 11, Chapter 90, of the General Statutes of North Carolina, establishes and authorizes the "North Carolina Veterinary Medical Board," hereafter referred to as the "Board." Unless otherwise directed, all communications shall be addressed to the Board at Office of the Executive Director, 1611 Jones Franklin Road, Suite 106, Raleigh, North Carolina 27606. History Note: Authority G.S.90 182; 90
185(6); .0102 DEFINITIONS The definitions as found in G.S. 90 181 are incorporated in this Chapter by reference in accordance with G.S. 150B 14(c). History Note: Authority G.S. 90 185(6); 150B 14; .0103 ORGANIZATION OF BOARD: OFFICERS .0104 STATUTORY POWERS OF THE BOARD History Note: Authority G.S. 90 183; 90 185(6); 90 186; .0105 APPLICABILITY OF BOARD RULES Rules adopted by the Board under the provisions of Article 11 of Chapter 90 and G.S. 150B shall be binding upon every individual holding a license from the Board, and upon all professional corporations authorized to offer or to perform veterinary services in this State. All licensees of the Board are charged with having knowledge of the existence of the Board rules and shall be deemed to be familiar with their several provisions and to understand them. History Note: Authority G.S. 90‑185(6); .0106 CURRENT INFORMATION REQUIRED BY THE BOARD (a) Each licensee and registrant shall notify the Board of his or her current mailing address and the name, address, and phone number of the current place of employment within 60 days of any change. History Note: Authority G.S. 90 185(6); .0107 FORMS Forms used by the Board are available from the Board office upon request. History Note: Authority G.S. 90 185(6); .0108 FEES The following fees established by the Board shall be paid in advance to the Executive Director of the
Board: History Note: Authority 90 185(6); 90 186(3); 90 187(b); 90 187.5; 90 187.6; 132 6.2; SECTION .0200 PRACTICE OF VETERINARY MEDICINE.0201 FORMS OF PRACTICE (a) The phrase "veterinary practice" or "veterinary medical practice" shall be
deemed to be the delivery of veterinary medical services by a licensed veterinarian through a sole proprietorship or a legal entity authorized by law to engage in the delivery of veterinary medical services. History Note: Authority G.S. 55B 10; 55B 12; 90 185(6); 90 187.11; 90 187.12; .0202 NAME OF PRACTICE (a) The adoption or use of a name for the entity authorized by law through which the licensed veterinarian practices and delivers veterinary services shall have prior Board approval in order to avoid duplication or confusion of names and to prevent use of names which might be misleading. No proper names of persons other than licensees may be included in the name.
If the veterinary medical practice uses the name or names of the veterinarians owning or operating the facility in the name of the practice, the name shall conform to the requirements of G.S. 90-181.1(c), and Board approval shall be obtained prior to the use of that name. The use of the word "facility" is not required in the name of those facilities offering the services described in G.S. 90-181.1(b)(2) and (b)(3) unless required by the context for clarification. History Note: Authority G.S. 55B 5; 90 185(6); .0203 LICENSE REQUIRED TO PRACTICE; FACULTY CERTIFICATE; ZOO VETERINARY CERTIFICATE (a) Upon written application, the Board may issue a veterinary faculty certificate to a faculty member in the College of Veterinary Medicine at North Carolina State University which certifies that the holder thereof is exempt from the requirements of licensing under G.S. 90 187.10(3). To be a faculty member in the College of Veterinary Medicine, the faculty member shall be a graduate of a "recognized school of veterinary medicine" as defined by the
American Veterinary Medical Association and a member of the faculty or staff of the College of Veterinary Medicine. The faculty member's certificate shall indicate that the holder is exempt from the requirements for licensing provided that the practice of veterinary medicine is confined to the faculty member's duties in the hospital or field service unit of the College of Veterinary Medicine. Such exemption certificate shall automatically expire when the holder's relationship is terminated with
the school and university. History Note: Authority G.S. 90 185(6); 90 187.10; .0204 USE OF THE TITLE: VETERINARIAN History Note: Authority G.S. 90 181; 90 185(6); 90 187.12; .0205 DISCIPLINE OF LICENSEES; PERMITTEES; REGISTRANTS: MANDATORY STANDARDS OF CONDUCT Grounds for disciplinary action shall include those as stated in G.S. 90 187.8, in addition to (but not limited to), the following: History Note: Authority G.S. 90 185(6); 90 187.8; .0206 MINIMUM STANDARDS FOR CONTINUING EDUCATION Each person holding a veterinary license, limited license, a faculty certificate, or a zoo veterinary certificate (collectively referred to herein as “veterinarian”) or a veterinary technician registration issued by the Board shall comply with the standards in this Rule. The standards shall be a condition precedent to the renewal of a license certificate or registration,
respectively. The standards are as follows: History Note: Authority G.S. 90 185(6); 90 186(1); 93B-15; .0207 MINIMUM FACILITY AND PRACTICE STANDARDS (a) All locations where veterinary medicine is practiced shall be adequate for the maintenance of good
hygiene at all times. All areas of the premises shall be maintained in a clean, odor free, and orderly condition at all times. History Note: Authority G.S. 90 185(6); 90 186(2); .0208 FACILITIES PROVIDING LIMITED VETERINARY SERVICES (a) If complete veterinary medical services are not offered in a mobile or satellite veterinary clinic, an emergency veterinary hospital, or a house call
practice the public shall be so informed of the services which are not available by way of a posted notice, in plain view. The notice shall list all facilities in the area which offer the services not available in the facility. With respect to a mobile practice, including but not limited to a house-call or farm-call practice, members of the public who are or may become clients of the veterinary practice shall be informed in writing of the services which are not available at the mobile practice
in a manner reasonably calculated to clearly communicate this information, at the first opportunity of inquiry or contact concerning delivery of veterinary services. History Note: Authority G.S. 90 185(6); 90 186(2); 90 186(3); .0209 LIMITED LIABILITY COMPANIES (a) Veterinary medical services may be provided through a limited liability company that complies with this Rule, Article 11, G.S. 90, the rules of the Board, and statutes governing limited liability companies, including G.S. 57D-2-01. History Note: Authority G.S. 57D-2-01; 90-181.1; 90-186; 90-187.11 .0210 REGISTERED LIMITED LIABILITY PARTNERSHIPS (a) Any registered limited liability partnership created to deliver veterinary medical services shall be created pursuant to and in compliance with G.S. 59 and Article 11, G.S. 90 and the rules of the Board. History Note: Authority G.S. 59-84.2; 59-84.3; 90-181.1; 90-186; .0211 VETERINARY TELEMEDICINE (a) "Veterinary Telemedicine" or "telemedicine" means the use of electronic or telecommunication technologies to remotely provide medical information regarding a patient’s clinical health status and to deliver veterinary medical services to a patient that resides in or is located in the State. The delivery of veterinary medical services through telemedicine is the practice of veterinary medicine. History Note: G.S. 90-186(10); Eff. September 1, 2021 SECTION .0300 EXAMINATION AND LICENSING PROCEDURES .0301 APPLICATION AND EXAMINATION (a) All applicants for a license to practice veterinary medicine shall complete, sign and return the application form for veterinary license available from the Board. History Note: Authority G.S. 90 185(1); 90 185(6); 90 187; 90 187.1; .0302 LICENSE RENEWAL History Note:
Authority G.S. 90 185(6); 90 187.5; .0303 SPECIAL REGISTRATION OF VETERINARY TECHNICIANS, INTERNS AND PRECEPTEES; RENEWAL OF TECHNICIAN REGISTRATION (a) Applications for registration as a veterinary technician, veterinary student intern, or veterinary student preceptee shall be on application forms provided by the Board, accompanied by the
required application fee. Applicants shall be at least 18 years of age and shall furnish to the Board as requested information from which the Board can determine whether the applicant is a person of honesty and integrity. History Note: Authority G.S. 90 185(6); 90 186(4); 90 187.6; .0304 DISCIPLINE OF VETERINARY TECHNICIANS, INTERNS/PRECEPTEES: MANDATORY STANDARDS OF CONDUCT Upon information or complaint, the Board may revoke or suspend the registration of, or otherwise discipline, any veterinary technician, veterinary student intern or veterinarian student preceptee upon any of the following grounds: History Note: Authority G.S. 90 185(6); 90 186(3); .0305 TEMPORARY PERMITS (a) Applicants for temporary permits shall
apply to the Board utilizing the application form for a temporary permit. The Board or its designee shall not act upon the application until fully completed. The Board may independently verify the information provided on the form by the applicant. History Note: Authority G.S. 90 185(6); 90 187.4; .0306 LICENSE WITHOUT EXAMINATION (a) The Board may issue a license without written examination other than the North Carolina License Examination to an applicant who meets the criteria as established in G.S. 90 187.3. History Note: Authority G.S. 90 185(6); 90 187.3; .0307 REVOCATION/SUSPENSION/TEMPORARY PERMITS/SPECIAL REGISTRATIONS The registration of a veterinary technician may be suspended or revoked, and the technician may be disciplined, in accordance with the same due process procedures as are provided for individual licenses and corporate registrants under the provisions of G.S. 150B or G.S. 90, Article 11, or Board Rules. History Note: Authority G.S. 90 185(6); 90 187.4(b); 90 187.8; .0308 REINSTATEMENT AFTER REVOCATION Any person whose license or registration has been suspended or revoked may apply for reinstatement without written examination subject to any terms and conditions as contained in the final agency decision issued by the Board upon revoking or suspending the person's license or registration. The Board, at its discretion, may conduct a fact finding hearing to determine whether sufficient cause exists to justify, in the discretion of the Board, the reinstatement of the license or registration. History Note: Authority G.S. 90 185(6); 90 187.9; .0309 PETITION FOR INACTIVE STATUS (a) Any licensed veterinarian or registrant who is in good standing with the Board and who has ceased
practicing veterinary medicine may apply for inactive status. The Board may place the licensed veterinarian or registrant on an inactive list of members. A licensed veterinarian or registrant who has obtained the inactive status shall not practice veterinary medicine or be required to pay the license or registrant renewal as prescribed in G.S. 90‑187.5 or 90-186(4) or required to earn continuing education credits. History
Note: Authority G.S. 90 185(2); 90 185(6); 90-186(5); 90-187.6; .0310 PENDING COMPLAINT OR DISCIPLINE AGAINST APPLICANTS LICENSED OR REGISTERED IN OTHER STATES (a) Upon complaint or information, and within the Board's discretion, the Board may deny a license required by Article 11, G.S. 90. History Note: Authority G.S. 90-185(2); 90-185(6); 90-186(3); 90-187; 90-187.3; .0311 LIMITED VETERINARY LICENSE (a) A "limited veterinary license" or "limited license" is a license as defined in G.S. 90-181(4). History Note: Authority 90-181(4); 90-185(1); 90-185(6); 90-187.8; SECTION .0400 RULES: PETITIONS: HEARINGS.0401 RULE MAKING PETITIONS (a) A person may petition the Board to adopt a
new rule or change or amend an existing rule by sending a rule making petition to the Board at the Board's address set out in Rule .0101 of this Chapter. The petition must be titled "Petition for Rule making" and must include the following information: History Note: Authority G.S. 90 185(6); 150B 16; .0402 NOTICE OF RULE MAKING HEARINGS Upon a determination to hold a rule making proceeding, either in response to a petition or otherwise, the Board shall give notice to all interested persons pursuant to the procedure established in Article 2 of Chapter 150B of the North Carolina General Statutes. History Note: Authority G.S. 90 185; 150B 12; .0403 NOTICE MAILING LIST Any person desiring to be placed on the mailing list for Board rule making notices may file such request in writing, furnishing his name and mailing address to the Board. The letter of request should state those subject areas within the authority of the Board for which the person wants notice. The Board may require reasonable postage and stationery costs to be paid by a person who is mailed a rule making notice. History Note: Authority G.S. 90 185; 150B 12; .0404 SUBMISSION OF DATA Any person desiring to present data, views or arguments on a proposed rule must comply with the statement of procedure as contained in the Notice of Hearing for the rule. Any person desiring to make an oral presentation to the Board prior to or at the hearing is encouraged to submit a written copy of the presentation to the Board prior to or at the hearing. History Note: Authority G.S. 90 185; 150B 12; .0405 PRESIDING OFFICER: POWERS AND DUTIES The presiding officer at a rule making hearing shall have complete control of the proceedings, including recognition of the speakers, time allotments for presentations, the right to question speakers, direction of the discussion and management of the hearing. The presiding officer, at all times, will take care that each person participating in the hearing is given a fair opportunity to present views, data and comments. The presiding officer shall conduct the rule making hearing pursuant to the procedure established in Article 2 of Chapter 150B of the North Carolina General Statutes. History
Note: Authority G.S. 90 185; 150B 12; .0406 RECORD OF PROCEEDINGS A record of all rule making proceedings will be maintained in the Board office for as long as the rule is in effect. This record shall contain: the original petition (if any), the notice, all written comments submitted, any statement of explanation made to an interested party, and the minutes of the proceedings. History Note: Authority G.S. 90 185; 150B 12; .0407 REQUEST TO PARTICIPATE .0408 CONTENTS OF REQUEST: GENERAL TIME LIMITATIONS .0409 RECEIPT OF REQUEST: SPECIFIC TIME LIMITS .0410 WRITTEN SUBMISSIONS .0411 PRESIDING OFFICER: POWER AND DUTIES .0412 STATEMENT OF REASONS FOR DECISION .0413 RECORD OF PROCEEDINGS .0414 EMERGENCY RULES History Note: Authority G.S. 90 185(6); 150A 11; 150A 12(a),(d),(e); 150A 13; SECTION .0500 DECLARATORY RULINGS.0501 PROCEDURE FOR DECLARATORY RULING (a) The Board shall decide whether to grant or deny a request to make a declaratory ruling on the validity of a rule or on the applicability of particular facts to a statute or to a rule or order of the Board within 60 days of receiving the petition. The Board shall deny a request for a
declaratory ruling when the Board deems the petition undesirable. The Board will ordinarily refuse to grant a petition for a declaratory ruling when there has been a similar factual determination in a contested case or one is likely to be made in a pending contested case or investigation. History Note: Authority G.S. 90 185; 150B 17; .0502 SUBMISSION OF REQUEST FOR RULING .0503 DISPOSITION OF REQUESTS .0504 RECORD OF DECISION .0505 EFFECTIVE DATE History Note: Authority G.S. 90 185(6); 150A 11; 150A 17; SECTION .0600 ADMINISTRATIVE HEARINGS: PROCEDURES.0601 COMMITTEE ON INVESTIGATIONS (a) Upon receipt of a charge alleging
misconduct against a licensee or registrant of the Board, the Executive Director shall inform the accused party of the nature of the charges as filed with the Board. History Note: Authority G.S. (3); 90 185(6); .0602 RIGHT TO HEARING When the Board acts or proposes to act, other than in rule making or declaratory ruling proceedings, in a manner which will affect the rights, duties, or privileges of a specific, identifiable person, such person has the right to an administrative hearing. When the Board proposes to act in such manner, it shall give all such affected persons notice of their right to a hearing by mailing by certified mail to them at their last known address a notice of the proposed action and a notice of a right to a hearing. History Note: Authority G.S. 90 185; 150B 11; 150B 38; .0603 REQUEST FOR HEARING (a) Any time an individual believes that individual's rights, duties, or privileges have been affected by the Board's administrative action, but has not received notice of a right to an
administrative hearing, that individual may file a formal request for a hearing. History Note: Authority G.S. 90 185; 150B
11; 150B 38; .0604 GRANTING OR DENYING HEARING REQUESTS (a) The Board shall grant a request for a hearing if it determines that the party requesting the hearing is a "person aggrieved" within the meaning of G.S. 150B 2(6). History Note: Authority G.S. 90 185; 150B 11; 150B 38; .0605 NOTICE OF HEARING (a) The Board shall give the party or parties in a contested case a notice of hearing not less than 15 days before the hearing. Said notice shall contain the following information, in addition to the items specified in G.S. 150B 38(b): History Note:
Authority G.S. 90 185; 150B 3(c); 150B 11; 150B 38; .0606 WHO SHALL HEAR CONTESTED CASES All contested case hearings shall be conducted by the full Board or by a panel consisting of at least a majority of the members of the Board provided, however, the term "members" shall not be deemed to include a vacant position of a board member, whether the vacancy is the result of resignation, non-appointment, or other cause. When required by Chapter 150B of the North Carolina Statutes the Board shall apply to the Office of Administrative Hearings for the designation of an administrative law judge to hear the case pursuant to G.S. 150B 40(e). History Note: Authority G.S. 90 185; 150B 38; 150B 40; .0607 PETITION FOR INTERVENTION (a) A person desiring to intervene in a contested case must file a written petition with the Board's office. The request must bear the notation: PETITION TO INTERVENE IN THE CASE OF (Name of Case). History Note: Authority G.S. 90 185; 150B 11; 150B 38; .0608 TYPES OF INTERVENTION (a) Intervention of Right. A petition to intervene as of right, as provided in the North Carolina Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the criteria of that rule and the petition is timely. History Note: Authority
G.S. 90 185; 150B 11; 150B 38; .0609 INFORMAL PROCEDURES (a) The Board and the other party or parties may agree in advance to simplify the hearing by: decreasing the number of issues to be contested at the hearing; accepting the validity of certain proposed evidence; accepting the findings in some other case with relevance to the case at
hand; or agreeing to such other matters as may expedite the hearing. History Note: Authority G.S. 90 185; 150B 11; 150B 38; .0610 DISQUALIFICATION OF BOARD MEMBERS (a) Self disqualification. If for any reason a Board member determines that personal bias or other factors render that member unable to conduct the hearing and perform all duties in an impartial manner, that Board member shall voluntarily decline to participate in the hearing or decision. History Note: Authority G.S. 90 185; 150B 11; 150B 38; 150B 40; SECTION .0700 ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS.0701 FAILURE TO APPEAR (a) Continuances and adjournments will be granted only in compelling circumstances. History Note: Authority G.S. 90 185; 150B 11; 150B 38; 150B 40; .0702 WITNESSES Any party may be a witness and may present witnesses on the party's behalf at the hearing. All oral testimony at the hearing shall be under oath or affirmation and shall be recorded or transcribed. At the request of a party or upon the Board's own motion, the presiding officer may exclude witnesses from the hearing room so that they cannot hear the testimony of other witnesses. History Note: Authority G.S. 90 185; 150B 11; 150B 38; 150B 40; .0703 SUBPOENAS (a) Any person receiving a subpoena from the Board may object thereto by filing a written objection to the subpoena with the Board's office. History
Note: Authority G.S. 90 185; 150B 38; 150B 39; .0704 FINAL DECISION In all cases heard by the Veterinary Medical Board, the Board will issue its decision within 60 days after its next regularly scheduled meeting following the close of the hearing. This decision will be the prerequisite "final agency decision" for the right to judicial review. History Note: Authority G.S. 90 185; 150B 11; 150B 38; 150B 42; .0705 PROPOSALS FOR DECISIONS (a) When an administrative law judge conducts a hearing pursuant to G.S. 150B 40(e), a "proposal for decision" shall be rendered within 45 days of the hearing pursuant to the Rules of the Office of Administrative
Hearings. The parties may file written exceptions to this "proposal for decision" and submit their own proposed findings of fact and conclusions of law. The exceptions and alternative proposals must be filed within ten days after the party has received the "proposal for decision" as drafted by the administrative law judge. History Note: Authority G.S. 90 185; 150B 11; 150B 38; 150B 40; SECTION .0800 JUDICIAL REVIEW.0801 RIGHT TO JUDICIAL REVIEW .0802 MANNER OF SEEKING REVIEW: TIME FOR FILING PETITION: WAIVER History Note: Authority G.S. 90 185(6); 150A 43; 150A 45; Which of the following defines a subdivision?SUBDIVISION DEFINITIONS
The common part of the definition for “subdivision” is “division of improved or unimproved land for the purpose of sale or lease or financing whether immediate or future.”
How is a standard subdivision defined quizlet?A standard subdivision is technically defined as one with no common rights of either ownership or use among the various owners of the individual parcels created by the division. Standard subdivisions usually consist of five or more lots that have been improved with utilities.
Which statement is true regarding North Carolina trust account records quizlet?Which statement is TRUE regarding North Carolina trust account records? Trust funds cannot be held in interest-bearing accounts. Office records are considered trade secrets and not subject to inspection by the North Carolina Real Estate Commission.
Which of the following describes an exception that can be made to zoning ordinances?Explanation: A zoning variance is also called a zoning exception. A variance usually permits a minor departure from the existing ordinance.
|