27 NCAC 01D .0205         Chair of the Authorized Practice Committee - Powers and Duties

(a)  The chair shall have the power and duty:

(1)           to supervise the activities of the counsel related to the conduct of the committee;

(2)           to authorize the counsel to initiate investigations upon receipt of information indicating the possible unauthorized practice of law in North Carolina;

(3)           to authorize the counsel to forego an investigation under such circumstances as the chair deems appropriate;

(4)           to recommend, or authorize the counsel to recommend, an appropriate disposition of a complaint;

(5)           to direct letters of notice to respondents or to authorize the counsel to issue letters of notice in such cases or under such circumstances as the chair deems appropriate;

(6)           to notify, or authorize the counsel to notify, any complainant, and any respondent who was notified of any investigation, of the committee's disposition of a complaint;

(7)           to issue subpoenas in the name of the North Carolina State Bar or to direct the secretary to issue such subpoenas;

(8)           to administer oaths or affirmations to witnesses;

(9)           to verify court pleadings filed by the North Carolina State Bar seeking enforcement of the prohibitions on the unauthorized practice of law.

(b)  The vice-chair shall perform the functions of the chair of the committee in any matter when the chair is absent or disqualified. If both the chair and the vice-chair are absent or disqualified, a councilor designated by the president shall serve as acting chair.

History Note:        Authority G.S. 84-37;

Readopted Eff. December 8, 1994;

Amendments Approved by the Supreme Court: February 3, 2000; March 20, 2024.