North Carolina General Statutes 90-171.37B. Appeal from Board’s disciplinary action of licensee
(a) A licensee may appeal a public disciplinary action made by the Board under N.C. Gen. Stat. § 90-171.37(a). A licensee may appeal any public disciplinary action made by the Board to the superior court located in the county where the licensee resides or where the Board is located by filing written notice of appeal within 30 days after receipt of the Board’s decision. A licensee must state all exceptions to the Board’s decision in the licensee’s written notice of appeal and properly identify the general court of justice where the licensee intends the appeal to be heard.
(b) Within 30 days of receiving a licensee’s written notice of appeal, the Board shall prepare, certify, and file the record, charges, notice of hearing, transcript of testimony, documents, and written evidence produced at the hearing, the Board’s decision, and a licensee’s notice of appeal with the clerk of superior court in the county where the licensee appealed the Board’s decision. ?(2019-180, s. 9.)
Terms Used In North Carolina General Statutes 90-171.37B
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the North Carolina Board of Nursing. See North Carolina General Statutes 90-171.20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Licensee: means any person issued a license by the Board, whether the license is active or inactive, including an inactive license by means of surrender. See North Carolina General Statutes 90-171.20
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.