27 NCAC 01G .0122         Right to Review and Appeal to Council

(a)  Lapsed Certification.  An individual whose certification has lapsed pursuant to Rule .0120(c) of this subchapter for failure to complete all of the requirements for renewal within the prescribed time limit shall have the right to request reinstatement for good cause shown.  A request for reinstatement shall be in writing, must state the personal circumstances prohibiting or substantially impeding satisfaction of the requirements for renewal within the prescribed time limit, and must be made within 90 days of the date notice of lapse is mailed to the individual.  The request for reinstatement shall be reviewed on the written record and ruled upon by the board.  There shall be no other right to review by the board or appeal to the council under this rule.

(b)  Denial of Certification or Continued Certification.  An individual who is denied certification or continued certification as a paralegal or whose certification is suspended or revoked shall have the right to a review before the board pursuant to the procedures set forth below and, thereafter, the right to appeal the board's ruling thereon to the council under such rules and regulations as the council may prescribe.

(1)           Notification of the Decision of the Board.  Following the meeting at which the board denies certification for failure to meet the standards for certification, including failing the examination, denies continued certification, or suspends or revokes certification, the executive director shall promptly notify the individual in writing of the decision of the board.  The notification shall specify the reason for the decision of the board and shall inform the individual of his or her right to request a review before the board.

(2)           Request for Review by the Board.  Except as provided in paragraph (e) of this rule, within 30 days of the mailing of the notice from the executive director described in paragraph (b) of this rule, the individual may request review by the board.  The request shall be in writing and state the reasons for which the individual believes the prior decision of the board should be reconsidered and withdrawn. The request shall state whether the board's review shall be on the written record or at a hearing.

(3)           Review by the Board.  A three-member panel of the board shall be appointed by the chair of the board to reconsider the board's decision and take action by a majority of the panel.  At least one member of the panel shall be a lawyer member of the board and at least one member of the panel shall be a paralegal member of the board.  The decision of the panel shall constitute the final decision of the board.

(A)          Review on the Record.  If requested, the panel shall review the entire written record including the individual's application, all supporting documentation, and any written materials submitted by the individual within 30 days of mailing the request for review. The panel shall make its decision within sixty (60) days of receipt of the written request for review from the individual.

(B)          Review Hearing.  If requested, the panel shall hold a hearing at a time and location that is convenient for the panel members and the individual provided the hearing occurs within sixty (60) days of receipt of the written request for review from the individual. The hearing shall be informal.  The Rules of Evidence and the Rules of Civil Procedure shall not apply. The individual may be represented by a lawyer at the hearing, may offer witnesses and exhibits, and may question witnesses for the board.  The panel may ask witnesses to appear and may consider exhibits on its own request.  Witnesses shall not be sworn. The hearing shall not be reported unless the applicant pays the costs of the transcript and arranges for the preparation of the transcript with the court reporter.

(C)          Decision of the Panel.  The individual shall be notified in writing of the decision of the panel and, if unfavorable, the right to appeal the decision to the council under such rules and regulations as the council may prescribe. To exercise this right, the individual must file an appeal to the council in writing within 30 days of the mailing of the notice of the decision of the panel.

(c)  Failure of Written Examination.  Within 30 days of the mailing of the notice from the board's executive director that an individual has failed the written examination, the individual may review his or her examination upon the condition that the individual will not take the examination again until such time as the entire content of the examination has been replaced.  Review of the examination shall be at the office of the board at a time designated by the executive director.  The individual shall be allowed not more than three hours for such review and shall not remove the examination from the board's office or make photocopies of any part of the examination.

(1)           Request for Review by the Board. Within 30 days of individual's review of his or her examination, the individual may request review by the board pursuant to the procedures set forth in paragraph (c) of this rule.  The request should set out in detail the area or areas which, in the opinion of the individual, have been incorrectly graded.  Supporting information may be filed to substantiate the individual's claim.

 

History Note:        Authority G.S. 84-23;

Adopted Eff. October 6, 2004;

Amended Eff. August 27, 2013; March 8, 2013; February 5, 2009; March 8, 2007.