Disciplinary Process
How can I access public documents related to pending or closed NCMB disciplinary cases?
Public documents are most easily accessed via the Board’s web site. All public documents associated with a particular licensee are listed at the bottom of the licensee’s information page, which may be viewed using the “Look Up a Licensee” tool on this web site. Documents will be listed in the order posted and may be printed or downloaded from the Board’s site. Certain documents, such as hearing transcripts, may not be available via the web site but they are available to the public. .(JavaScript must be enabled to view this email address) for assistance in obtaining copies of transcripts.
When does a disciplinary case against a particular licensee of the Board become public?
Typically, a disciplinary case first becomes public information when the Board issues a notice of charges and allegations, a legal document that states the Board’s case against the licensee and provides certain details of the evidence the Board has gathered in the case. Once charges are issued, a public hearing is typically held and, after hearing both sides of the case, the Board determines what discipline, if any, is warranted. Alternatively, a case in which charges have been issued may be resolved with a consent order, which is a negotiated settlement that resolves the case without the need for a hearing. Consent orders are presented for the Board’s consideration in open session
A significant number of cases are resolved before the Board takes the step of issuing formal charges and allegations. In such cases, the case becomes public when Board attorneys, and the counsel for the licensee involved, present the terms of the consent order to the Board for consideration and possible approval.
Who prosecutes disciplinary cases on behalf of the Board?
NCMB employs a full time Legal Department, which is currently comprised of five attorneys and three legal assistants. The Legal Department prepares charges and allegations against licensees and prosecutes cases the Board has voted to pursue. The department also assists other Board staff in following licensees who have entered into consent orders (negotiated settlements) with the Board or who have accepted other conditions to resolve a case to ensure compliance.
