21 NCAC 32N .0109         PRE-CHARGE CONFERENCE

(a)  Prior to issuing public Notice of Charges and Allegations against a licensee, the Board shall inform the licensee in writing of the right to request a pre-charge conference as set forth in G.S. 90-14(j).  The written notice regarding the pre-charge conference shall be sent by certified mail, return receipt requested to the last mailing address registered with the Board.

(b)  A request for a pre-charge conference must be:

(1)           in writing via delivery of a letter or by facsimile or electronic mail;

(2)           addressed to the coordinator identified in the written notice provided as set forth in Paragraph (a) of this Rule; and

(3)           received by the Board no later than 30 days from the date appearing on the written notice provided as set forth in Paragraph (a) of this Rule.

(c)  Upon receipt of a request for a pre-charge conference, the coordinator shall schedule the conference to occur within 45 days and serve notice of the date and time of the conference on the licensee or on counsel for licensee, if the Board is aware licensee is represented by counsel.

(d)  The pre-charge conference shall be conducted as provided in G.S. 90-14(j).  The pre-charge conference will be conducted by telephone conference unless the interests of justice require otherwise or both parties agree to conduct the conference in person.  No continuances of the pre-charge conference shall be allowed except when granted by the Board for good cause shown.

(e)  The licensee may provide to the Board written documents not previously submitted by delivering those documents in electronic form to the coordinator identified in the written notice up to five days prior to the pre-charge conference.

(f)  The Board shall provide information to the licensee during the pre-charge conference regarding the possibility of settlement of the pending matter prior to the issuance of a public notice of charges and allegations.

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

Eff. February 1, 2012;

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