21 NCAC 10 .0503             DETERMINATION OF PROBABLE CAUSE

(a)  General. Formal complaints shall be investigated by the Chiropractic Review Committee. The committee shall hold a hearing to determine whether there is probable cause to believe a violation of the laws governing Chiropractic has occurred.

(b)  Composition of Chiropractic Review Committee. The committee shall be composed of:

(1)           the secretary of the Board of Examiners. If the secretary is unable to attend a particular probable cause hearing, he or she may designate another physician member of the Board to serve and assume his or her duties at said hearing;

(2)           the attorney for the Board of, Examiners; and

(3)           an alternate Board member. "Alternate Board member" means:

(A)          a former Board member selected by the secretary; or

(B)          a licensee selected by the secretary from among those who, at any election held pursuant to Rule .0103(c) of this Chapter, have been elected nominees for Board membership but not appointed to the Board.

(c)  Notice of hearing. The secretary shall provide notice of the probable cause hearing in accordance with G.S. 150B-38(b).

(d)  Conduct of Probable Cause Hearing. The probable cause hearing shall be informal, and the secretary shall preside.  The Chiropractic Review Committee may consider evidence at the probable cause hearing that would not be admissible if offered at the hearing in a contested case.

(e)  Action by the Chiropractic Review Committee.  After examining the evidence presented at the probable cause hearing, the Chiropractic Review Committee may dispose of each charge in the formal complaint as follows:

(1)           If no probable cause exists to believe that a violation of G.S. 90-154 has occurred, the charge may be dismissed;

(2)           If the respondent admits the charge, he may be directed to cease and desist from commission of those acts which violate the provisions of G.S. 90-154; or

(3)           If a charge is denied and probable cause is found, or if a charge, while admitted, is of such gravity as to make the imposition of punitive sanctions appropriate, the complaint shall be presented to the Board of Examiners for its decision on the merits.

 

History Note:        Authority G.S. 90-141; 90-143; 90-154;

Eff. December 1, 1988;

Amended Eff. October 1, 2016.