21 NCAC 32N .0108         INVESTIGATIVE INTERVIEWS BY BOARD MEMBERS

(a)  In addition to formal hearings pursuant to G.S. 90-14 and G.S. 90-14.2, the Board may ask a licensee to attend a non-public interview with members of the Board and staff to discuss a pending complaint or investigation.  The invitation letter shall describe the matters of dispute or concern and shall enclose the notices required by G.S. 90-14(i), if not previously issued.  No individual shall be placed under oath to give testimony.  Statements made or information provided by a licensee during this interview may, however, be used against such licensee in any subsequent formal hearing.

(b)  As a result of the interview, the Board may ask that the licensee take actions as referred to in G.S. 90-14(k), may offer the licensee the opportunity to enter into a consent order or other public agreement that will be a matter of public record, may institute a formal public hearing concerning the licensee, or may take other action as the Board deems appropriate in each case.

(c)  Unless ordered by the Board pursuant to G.S. 90-8, attendance at such an interview is not required.  A licensee may retain legal counsel and have such counsel present during such interview.

(d)  If ordered to appear for an interview, requests for continuances from interviews shall be filed with the President as soon as practicable and shall be granted only upon good cause shown.

History Note:        Authority G.S. 90-5.1(a)(3); 90-8; 90-14(a)(14);

Eff. February 1, 2012;

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