11 NCAC 08 .1209             FINAL BOARD ORDER

(a)  After the close of a contested case hearing, the Board shall meet and determine if the licensee engaged in the conduct alleged and the appropriate penalty, including requiring the licensee to take training or education courses, probation, letter of reprimand, or license suspension or revocation.

(b)  If a final Board order is to suspend, revoke, place on probation, or refuse to issue a license, the order shall set forth any conditions that must be met in order to remove the suspension or probation, to reissue the license, or to issue the license.

(c)  Contested case hearings shall be recorded either by a recording system or a professional court reporter using stenomask or stenotype.

(d)  Transcript costs incurred by the Board shall be paid by the the party or parties requesting a transcript.  Any other costs incurred by the Board when using a professional court reporter shall be paid by the requesting party or parties.

(e)  A 24‑hour cancellation notice shall be required in all cases.  The party or parties responsible for the cancellation shall be responsible for any cancellation fees charged by a professional court reporter.

(f)  Transcripts of proceedings during which oral evidence is presented shall be made only upon request of a party.  Transcript costs shall include the cost of an original for the Board.  An attorney requesting a transcript on behalf of a party shall be a guarantor of payment of the cost.  Cost shall be determined under supervision of the presiding officer who, in cases deemed to be appropriate by him, may require an advance security deposit to cover the prospective cost.  The security deposit shall be applied to the actual cost and any excess shall be returned to the party that submitted it.

(g)  Copies of tapes shall be available upon written request at cost of reproduction and postage.

(h)  Copies of Board hearings tapes or non‑Board certified transcripts therefrom shall not be part of the official record.

 

History Note:        Authority G.S. 143-151.49; 150B-38(h);

Codifier determined that agency findings did not meet criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998.