North Carolina § 90-14 - 10. Scope of review.

§ 90-14. 10. Scope of review.

Upon the review of the Board's decision taking disciplinary action on a license, the case shall be heard by the judge without a jury, upon the record, except that in cases of alleged omissions or errors in the record, testimony thereon may be taken by the court. The court may affirm the decision of the Board or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the accused physician have been prejudiced because the findings or decisions of the Board are in violation of substantive or procedural law, or are not supported by competent, material, and substantial evidence admissible under this Article, or are arbitrary or capricious. At any time after the notice of appeal has been filed, the court may remand the case to the Board for the hearing of any additional evidence which is material and is not cumulative and which could not reasonably have been presented at the hearing before the Board. History (1953, c. 1248, s. 3; 2007-346, s. 21.) Effect of Amendments. - Session Laws 2007-346, s. 21, effective October 1, 2007, substituted "taking disciplinary action" for "revoking or suspending" near the beginning of the section. Legal Periodicals. - For article on administrative evidence rules, see 49 N.C.L. Rev. 635 (1971).