There are more than 700 types of professional licenses and permits issued in North Carolina.
Governing boards oversee these licenses. Someone holding a license may be accused of violating the rules of professional practice. The person accused of a violation has a right to a hearing.
Remington & Dixon, PLLC explains what to expect in a license discipline hearing.
What should you expect in a license disciplinary hearing?
In a license hearing, you should expect someone who presides over the proceedings, like a judge. There will be a hearing panel that decides the case. They will receive evidence. Both sides can present and question evidence. They may make arguments. License disciplinary hearings typically use rules of evidence and procedure that are somewhat different than court procedures.
Understanding the Disciplinary Process
A license disciplinary hearing is one step – and often the culminating step – in the license disciplinary process. You may choose to have a hearing about the allegations against you. It is only one option. However, many resolutions are negotiated.
The hearing process takes place after many other steps in the process:
- Allegation
- Investigation
- Charges issued
- Summary suspension, if applicable
- Request for hearing
- Pre-hearing conference
- Hearing
Each professional body has its disciplinary process. For many licensing authorities, you must request a hearing.
What is an administrative hearing for professional license discipline?
An administrative hearing for professional license discipline is a formal proceeding to determine the truth of the allegations against the licensee and the appropriate sanctions. It is held in an open forum following rules of procedure, to give both parties an open and fair forum to have the allegations resolved.
Who attends the license disciplinary hearing?
A license disciplinary hearing will be attended by:
- A presiding officer, who may be a member of the panel
- The Board panel that decides the case
- A party who represents the Board in presenting the case against the license holder
- The licensee
- Legal counsel for the licensee
- Witnesses called by either party
- Members of the public
- Hearing personnel, like a court recorder
Witnesses may be compelled to attend by subpoena. There is no jury. Members of the Board are assigned to hear and decide the case.
The Role of Evidence in a Disciplinary Hearing
License disciplinary hearings are decided based on evidence. The hearing panel decides whether a violation occurred. If they decide that it did, they’ll determine the appropriate sanction.
Evidence may include witness testimony, videos and photographs, documentation, records of regularly conducted activity, test results, tangible items, and other things that may prove or disprove a fact relevant to the allegations. There may be professionals to speak to the prevailing standard of care in the profession.
Generally, rules for evidence admission mirror those used in civil cases, with some exceptions
Your Legal Rights During the Hearing
You should already know the allegations against you at the disciplinary hearing. In fact, with the right to engage in discovery, there should be few surprises about the evidence against you.
Your legal rights during the hearing include:
- The right to have a hearing, following the rules of procedure
- Notice of when and where the hearing will take place
- To answer to the charges
- Representation from an attorney
- Preliminary motions, as appropriate
- Questioning witnesses against you
- Calling your witnesses
- Disputing evidence and presenting your evidence
- Making a closing statement
There is a formal record kept of disciplinary proceedings. Depending on the governing Board, there may be a hearing fee.
Potential Outcomes of a Disciplinary Hearing
Outcomes of a license disciplinary hearing may include:
- A violation did not occur
- Probation, without conditions
- Probation, with conditions
- Limitations or conditions on practice
- A fine, monetary penalty
- License denial or annulment
- License suspension
- License revocation
How to Prepare for a Disciplinary Hearing
To prepare for disciplinary hearings:
- Involve an attorney as soon as possible in the discipline process
- Request your hearing
- Know the date, time, and location of the hearing
- Review the allegations against you
- Engage in discovery
- Gather evidence to present your defense
- Identify and interview witnesses
- Prepare to testify, if you choose to testify
- Prepare legal arguments and cross-examination of the evidence against you
Preparation for a disciplinary hearing should begin as soon as you are aware of the allegations.
You may not expect to have a hearing in your case, but you should prepare for the possibility.
Contact Remington & Dixon, PLLC as soon as possible so that we can aggressively prepare your defenses.
Is a license disciplinary hearing open to the public?
License disciplinary hearings are generally open to the public.
Who has the burden of proof in a license discipline hearing?
Typically, the Board has the burden of proof in a license discipline hearing. The burden of proof may vary from preponderance of the evidence to clear and convincing, depending on the governing Board.
Contact an Experienced License Defense Lawyer
Your professional license is your life and livelihood. If you are facing a license disciplinary hearing, you can have a defense lawyer represent you. Lawyer Brandon Remington of Remington & Dixon, PLLC represents professionals in disciplinary hearings and proceedings.
Get legal help with your hearing and disciplinary defense. Call 704-247-7110 or message us now.
