Disposition of Disciplinary or Disability Proceeding

(a) Recommendation to the Supreme Court. At the conclusion of the disciplinary or disability hearing, the hearing panel shall deliberate and determine whether to file a recommendation with the Supreme Court pursuant to N.C.G.S. § 7A-376. The affirmative vote of at least 5 members of the hearing panel is required to make a recommendation to the Supreme Court that the Respondent either be publicly reprimanded, censured, suspended, or removed from office for misconduct or suspended or removed for disability. (b) Dismissal of Charges. If fewer than 5 members of the hearing panel vote to recommend action by the Supreme Court in accordance with subsection (a) of this rule, then the hearing panel shall dismiss the charges with prejudice. Upon the affirmative vote of at least 5 members of the hearing panel, the dismissal may be accompanied by a private letter of caution in accordance with Rule 11. (c) Severance of Charges or Counts. If the hearing panel concludes that some, but not all, of the charges or counts alleged in the Statement of Charges warrant a recommendation to the Supreme Court under subsection (a) of this rule, then the hearing panel may sever and dismiss the remaining charges or counts in accordance with subsection (b) of this rule. History Note. 374 N.C. 960. 26 TOC Rule 22