Disciplinary and Disability Hearings

(a) Notice of Hearing. The Executive Director shall serve a notice of hearing upon the Respondent in the same manner as service of the Statement of Charges under Rule 12, or in any manner otherwise agreed to by the Respondent. The Notice of Hearing shall set forth the date, time, and location of the disciplinary hearing. Unless otherwise agreed to in writing by the Commission Counsel and the Respondent, the disciplinary hearing shall be held no sooner than 60 days after filing of the Verified Answer or, if no response to the Statement of Charges is filed, 60 days after the expiration of time allowed for its filing. (b) Failure of the Respondent to Appear for Hearing. The disciplinary hearing shall proceed whether or not the Respondent has filed a Verified Answer or appears for the hearing, either in person or through counsel. (c) Applicable Rules of Evidence. The North Carolina Rules of Evidence set forth in Chapter 8C of the General Statutes of North Carolina shall apply in all disciplinary hearings except as otherwise indicated in these rules. Rulings on evidentiary matters shall be made by the presiding Chairperson or Vice-Chairperson, or by the member presiding in the Chairperson or Vice-Chairperson’s absence. (d) Burden of Proof. At the disciplinary hearing, the Commission Counsel shall have the burden of proving the existence of grounds for a recommendation of 24 TOC Rule 19 discipline, suspension, or removal based on disability by clear and convincing evidence, as that evidentiary standard is defined by the Supreme Court. (e) Additional Rights of the Respondent. In addition to the rights specified in these rules, the Respondent shall have the right to defend against the charges by the introduction of evidence, by the examination and cross-examination of witnesses, and by the right to address the hearing panel in argument at the conclusion of the disciplinary hearing. (f) Record of Hearing. The disciplinary or disability hearing shall be recorded by an audiovisual recording device. The hearing panel of the Commission may engage a court reporter to transcribe a hearing in person or from the recording of the hearing. If a witness testifies at the hearing, public discipline is recommended by the hearing panel, and no court reporter transcribed the hearing in person, then the hearing panel must engage a court reporter to transcribe the hearing from the recording. History Note. 374 N.C. 960; 386 N.C. 974.