21 NCAC 32N .0106         DEFINITIONS

As used in this Section:

(1)           "Disciplinary Proceedings" means hearings conducted pursuant to G.S. 90-14.2 through 90-14.7, and Article 3A of Chapter 150B.

(2)           "Good cause" related to motions or requests to continue or for additional time for responding includes:

(a)           death or incapacitating illness of a party, or attorney of a party;

(b)           a court order requiring a continuance;

(c)           lack of proper notice of the hearing;

(d)           a substitution of the attorney of a party if the substitution is shown to be required;

(e)           agreement for a continuance by all parties if either more time is demonstrated to be necessary to complete mandatory preparation for the case, such as authorized discovery, and the parties and the Board have agreed to a new hearing date or the parties have agreed to a settlement of the case that has been or is likely to be approved by the Board; and

(f)            where, for any other reason, either party has shown that the interests of justice require a continuance or additional time.

(3)           "Good cause" related to motions or requests to continue or for additional time for responding shall not include:

(a)           intentional delay;

(b)           unavailability of a witness if the witness testimony can be taken by deposition; and

(c)           failure of the attorney or respondent to use effectively the statutory notice period provided in G.S. 90-14.2(a) to prepare for the hearing.

(4)           "Licensee" means all persons to whom the Board has issued a license as defined in G.S. 90-1.1.

(5)           "Respondent" means the person licensed or approved by the Board who is named in the Notice of Charges and Allegations.

History Note:        Authority G.S. 90-5.1(a)(3); 90-14.2; 150B-38(h);150B-40(c)(4);

Eff. February 1, 2012;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.