When a letter reveals on its face that the Board has no jurisdiction in the dispute, the matter is dismissed by the Board at its next regular meeting; but if the complaint concerns matters which are within the Board's province, the complainant is required to set forth his allegations on a form supplied by the Board which must be sworn to and subscribed before a notary public. If necessary, the verified complaint is then referred to one of the Board's field representatives for investigation.
After the investigation has been completed, the Board's legal counsel presents the allegations, statements, and any evidence in connection therein at a board meeting for the Board to determine whether there is probable cause to believe that the licensee has violated the Licensing Low. The identity of the licensee is not disclosed to the Board at this stage. If the Board finds probable cause to believe that the licensee has acted in violation of the Licensing Law, a hearing is ordered. If not, the complaint is dismissed.
When the Board orders a hearing, the licensee receives written notice of the hearing informing him of the allegations and charges against him as well as the particular statutes involved. One or more Board members preside(s) at the hearing which is held in either the county where the licensee resides, or, in the discretion of the Board, Wake County. Evidence for the complainant is presented by a member of the Attorney General's staff or by the complainant's attorney and, thereafter, the licensee may present evidence in his defense. Testimony is recorded, and all evidence is received in accordance with the general rules of evidence governing trials in the General Court of Justice.
After all Board Members have reviewed the evidence a final decision is reached. If the decision is to suspend or revoke a license the Board enters this order based upon written findings of fact and conclusions of low. The licensee may appeal the Board's decision to the Superior Court of Wake County.
In lieu of a formal hearing counsel for the Board and the licensee may enter into a written agreement or stipulation stating the facts involved and the violations committed. If the Board approves and accepts the stipulation, it will enter the order of reprimand, suspension or revocation agreed to by the licensee and counsel for the Board.