ADMINISTRATIVE PROCEDURE ACT

Chapter 150 of the North Carolina General Statutes, entitled Uniform Revocation of Licenses, sets forth the procedure followed by various licensing agencies, including the North Carolina Real Estate Licensing Board, suspending, revoking or denying licenses. In order that licensees may be familiar with this procedure, the statute will be reproduced in this and following issues of the Bulletin.

§ 150-10. Opportunity for licensee or applicant to have hearing. - Every licensee or applicant for a license, except applicants for license by comity and applicants for reinstatement after revocation, shall be afforded notice and an opportunity to be heard before the board shall have authority to take any action, the effect of which would be

(1) To deny permission to take an examination for licensing for which application has been duly made; or
(2) To deny a license after examination for any cause other than failure to pass an examination; or
(3) To withhold the renewal of a license for any cause other than failure to pay a statutory renewal fee; or
(4) To suspend a license; or
(5) To revoke a license.

§ 150-11. Notice of contemplated board action; request for hearing; notice of hearing.-(a) When a board contemplates taking any action of a type specified in subdivisions (1) or (2) of § 150-10 it shall give to the applicant a written notice containing a statement:

(1) That the applicant has failed to satisfy the board of his qualifications to be examined or to be issued a license, as the case may be;
(2) Indicating in what respects the applicant has so failed to satisfy the board; and
(3) That the applicant may secure a hearing before the board by depositing in the mail within twenty days after service of said notice, a registered letter addressed to the board and containing a request for a hearing.

In any board proceeding involving the denial of a duly made application to take an examination, or refusal to issue a license after an applicant has taken and passed an examination, the burden of satisfying the board of the applicant's qualifications shall be upon the applicant.

(b) When a board contemplates taking any action of a type specified in subdivisions (3), (4) or (5) of §150-10 it shall give to the licensee a written notice containing a statement:

(1) That the board has sufficient evidence which, if not rebutted or explained, will justify the board in taking the contemplated action;
(2) Indicating the general nature of the evidence, and
(3) That unless the licensee or applicant within twenty days after service of said notice deposits in the mail a registered letter addressed to the board and containing a request for a hearing, the board will take the contemplated action.

(c) If the licensee or applicant does not mail a request for a hearing within the time and in the manner required by this section, the board may take the action contemplated in the notice and such action shall be final and not subject to judicial review.

If the licensee or applicant does mail a request for a hearing as required by this section, the board shall, within twenty days of receipt of such request, notify the licensee or applicant of the time and place of hearing, which hearing shall be held not more than thirty nor less than ten days from the date of the service of such notice.

§ 150-12. Method of serving notice of hearing. - Any notice required by § 150-11 may be served either personally by an officer authorized by low to serve process, or by registered mail, return receipt requested, directed to the licensee or applicant at his lost known address as shown by the records of the board. If notice is served personally, it shall be deemed to have been served at the time when the officer delivers the notice to the person addressed. Where notice is served by registered mail, it shall be deemed to have been served on the date borne by the return receipt showing delivery of the notice to the addressee or refusal of the addressee to accept the notice.

§ 150-13. Venue of hearing.- Board hearings held under the provisions of this chapter shall be conducted in the county in which the person whose license is involved maintains his residence, or at the election of the board, in any county in which the act or acts complained of occurred; except that, in cases involving initial licensing,"hearings shall be held in the county where the board maintains its office. In any case, however, the person whose license is involved and the board may agree that the hearing is to be held in some other county.

§ 150-14. Hearings public; use of trial examiner or committee.- All board hearings under this chapter shall be open to the public. At all such hearings at least a majority of the board members shall be present to hear and determine the matter; except that, in cases where the hearing is held in a county other than that in which the board maintains its office, the board may designate in writing one or more of its members to conduct the hearing as a trial examiner or trial committee, with the decision to be rendered in accordance with the provisions of § 150-20.

§ 150-15. Rights of person entitled to hearing.-A person entitled to be heard pursuant to this chapter shall have the right

(1) To be represented by counsel;
(2) To present all relevant evidence by means of witnesses and books, papers, and documents;
(3) To examine all opposing witnesses on any matter relevant to the issues; and
(4) To have subpoenas and subpoenas duces. tecum issued to compel the attendance of witnesses and the production of relevant books, papers, and documents upon making written request therefor to the board.

(To Be Continued In Next Issue)