North Carolina § 90-171 - 37A. Use of hearing committee and depositions.

§ 90-171. 37A. Use of hearing committee and depositions.

The Board, in its discretion, may designate in writing three or more of its members to conduct hearings as a hearing committee to receive evidence. A majority of the hearing committee shall be licensed nurses. Evidence and testimony may be presented at hearings before the Board or a hearing committee in the form of depositions before any person authorized to administer oaths in accordance with the procedure for the taking of depositions in civil actions in the superior court. At the discretion of the Board, witness testimony may be received by telephone or videoconferencing at a hearing. The hearing committee shall submit a recommended decision that contains findings of fact and conclusions of law to the Board. Before the Board makes a final decision, it shall give each party an opportunity to file written exceptions to the recommended decision made by the hearing committee and to present oral arguments to the Board. A majority of the qualified members present and voting of the full Board shall issue a final decision. History (2007-148, s. 2; 2019-180, s. 8.) Editor's Note. - Session Laws 2019-180, s. 16, made the amendment of subsections (a) and (b) by Session Laws 2019-180, s. 8, effective October 1, 2019, and applicable to licenses granted or renewed on or after that date and actions taken by the Board of Nursing on or after that date. Effect of Amendments. - Session Laws 2019-180, s. 8, substituted "receive" for "take" in the first sentence of subsection (a); and added the last sentence of subsection (b). For effective date and applicability, see editor's note.