North Carolina § 90-121.3 Hearings

North Carolina Statutes

§ 90-121.3 — Hearings

North Carolina § 90-121.3

Ch. 90Medicine and Allied Occupations

Art. 6Optometry

This text of North Carolina § 90-121.3 (Hearings) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 90-121.3 (2026).

Text

(a)The Board shall grant any person whose license is affected the right to be heard before the Board, before any of the following action is finally taken, the effect of which would be:

(1)To deny permission to take an examination for licensing for which application has been duly made; or

(2)To deny a license after examination for any cause other than failure to pass an examination; or

(3)To withhold the renewal of a license for any cause other than failure to pay a statutory renewal fee; or

(4)To suspend a license; or

(5)To revoke a license; or

(6)To revoke or suspend a provisional license or an intern permit; or

(7)To invoke any other disciplinary measures, censure, or probative terms against a licensee, a provisional licensee, or an intern.

(b)Proceedings under this section shal

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(a) The Board shall grant any person whose license is affected the right to be heard before the Board, before any of the following action is finally taken, the effect of which would be:
(1) To deny permission to take an examination for licensing for which application has been duly made; or
(2) To deny a license after examination for any cause other than failure to pass an examination; or
(3) To withhold the renewal of a license for any cause other than failure to pay a statutory renewal fee; or
(4) To suspend a license; or
(5) To revoke a license; or
(6) To revoke or suspend a provisional license or an intern permit; or
(7) To invoke any other disciplinary measures, censure, or probative terms against a licensee, a provisional licensee, or an intern.
(b) Proceedings under this section shall be conducted in accordance with the provisions of Chapter 150B of the General Statutes of North Carolina.
(c) In lieu of or as a part of such hearings and subsequent proceedings the Board is authorized and empowered to enter any consent order relative to the discipline, censure, or probation of a licensee, an intern, or an applicant for a license, or relative to the revocation or suspension of a license, provisional license, or intern permit.
(d) Following the service of the notice of hearing as required by Chapter 150B of the General Statutes, the Board and the person upon whom such notice is served shall have the right to conduct adverse examinations, take depositions, and engage in such further discovery proceedings as are permitted by the laws of this State in civil matters. The Board is hereby authorized and empowered to issue such orders, commissions, notices, subpoenas, or other process as might be necessary or proper to effect the purposes of this subsection; provided, however, that no member of the Board shall be subject to examination hereunder. (1973, c. 800, s. 21; c. 1331, s. 3; 1987, c. 827, s. 1.)