Chapter 32 - North Carolina Medical Board

 

SUBCHAPTER 32A - ORGANIZATION

 

21 ncac 32a .0101         LOCATION

The location of the office of the North Carolina Medical Board is 3127 Smoketree Court, Raleigh, North Carolina 27604.

 

History Note:        Authority G.S. 90-2;

Eff. February 1, 1976;

Amended Eff. July 1, 2004; August 1, 2002; September 1, 1995; July 1, 1993; May 1, 1989;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016;

Amended Eff. December 1, 2020.

 

21 NCAC 32A .0102         PURPOSE

21 NCAC 32A .0103         STRUCTURE

 

History Note:        Authority G.S. 90‑2; 90‑3; 90‑16;

Eff. February 1, 1976;

Amended Eff. November 1, 1982;

Repealed Eff. May 1, 1989.

 

21 NCAC 32A .0104         MEETINGS

The Board meets at scheduled intervals to carry out Board business. Other meetings may be called by the President of the Board or upon written request of the majority of the members of the Board.

 

History Note:        Authority G.S. 90‑5; 90-5.1;

Eff. February 1, 1976;

Amended Eff. May 1, 1990; May 1, 1989;

Readopted Eff. July 1, 2017.

 

21 NCAC 32A .0105         requirement exception

21 NCAC 32A .0106         PROVISIONS FOR PETITION FOR A RULE CHANGE

 

History Note:        Authority G.S. 90-6; 90-11; 150B‑20;

Eff. February 1, 1976;

Amended Eff. September 1, 1995; May 1, 1989; November 1, 1985;

Repealed Eff. August 1, 2002.

 

21 NCAC 32A .0107         DECLARATORY RULINGS

 

History Note:        Authority G.S. 150B‑17;

Eff. February 1, 1976;

Amended Eff. May 1, 1989; November 1, 1985;

Repealed Eff. February 1, 2007.

 

21 NCAC 32A .0108         RECORDS ON FILE

 

History Note:        Authority G.S. 150‑13;

Eff. February 1, 1976;

Repealed Eff. May 1, 1989.

 

21 NCAC 32A .0109         FORMS

 

History Note:        Authority G.S. 90‑11;

Eff. November 1, 1985;

Repealed Eff. May 1, 1989.

 

21 NCAC 32A .0110         DISCARDING APPLICATION MATERIAL

 

History Note:        Authority G.S. 90‑6;

Eff. September 1, 1986;

Repealed Eff. May 1, 1989.

 

21 NCAC 32A .0111         REQUEST FOR DECLARATORY RULING

(a)  All requests for declaratory rulings shall be written and mailed to the Board at 1203 Front Street, Raleigh, North Carolina 27609. The envelope containing the request shall bear the notation: "REQUEST FOR DECLARATORY RULING."

(b)  Each Request for Declaratory Ruling shall include the following information:

(1)           the name and address of the person requesting the ruling;

(2)           the statute or rule to which the request relates;

(3)           a concise statement of the manner in which the requesting person is affected by the statute or rule or its potential application to that person;

(4)           a statement whether an oral hearing is desired and, if so, the reason.

 

History Note:        Authority G.S. 90-5.1; 150B‑4;

Eff. February 1, 2007;

Readopted Eff. July 1, 2017.

 

21 NCAC 32A .0112         DISPOSiTION OF REQUEST

(a)  Upon receipt of a Request for Declaratory Ruling, the Board shall determine whether a ruling is appropriate under the facts stated.

(b)  When the Board determines that the issuance of a declaratory ruling is inappropriate, the Board shall notify, in writing, the person requesting the ruling, stating the reasons for the denial of the request.

(c)  The Board shall decline to issue a declaratory ruling where:

(1)           there has been a similar controlling factual determination made by the Board in a contested case;

(2)           the rule‑making record shows that the factual issues raised by the request were specifically considered prior to adoption of the rule; or

(3)           the subject‑matter of the request is involved in pending litigation in any state or federal court in North Carolina;

(4)           the petitioner fails to show that the circumstances are so changed since the adoption of the statute or rule that a ruling is warranted.

 

History Note:        Authority G.S. 150B‑4;

Eff. February 1, 2007;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.

 

21 NCAC 32A .0113         Procedure for DECLARATORY RULING

Prior to issuing a declaratory ruling, the Board shall give notice of the declaratory ruling proceedings to any person(s) it deems appropriate and shall direct that fact-finding proceedings appropriate to the circumstances of the particular request be conducted.  The proceedings may consist of written submissions, an oral hearing, or other proceedings.

 

History Note:        Authority G.S. 150B‑4;

Eff. February 1, 2007;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.

 

21 NCAC 32A .0114         SUSPENSION OF AUTHORITY TO EXPEND FUNDS

In the event the Board's authority to expend funds is suspended pursuant to G.S. 93B-2(d), the Board shall continue to issue and renew licenses and all fees tendered shall be placed in an escrow account maintained by the Board for this purpose.  Once the Board's authority is restored, the funds shall be moved from the escrow account into the general operating account.

 

History note:        Authority G.S. 93B-2(d);

Eff. March 1, 2011;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.