9:10 - 9:45 a.m.
Opening Presentation: Setting the Tone
-additional handout Sample Statutes
Amigo Wade, senior attorney, Virginia Division of Legislative Services
- Fundamental principles- the presumptions in a free society that form the starting point for all regulation
- The three fundamental principles of professional discipline
- Brief overview of the roles of participants in the disciplinary process (board and board member, board attorney, regulant's attorney, presiding officer or hearing officer)
9:45 – 10:45 a.m. Investigator and Board Member Perspectives
Investigative Farming: Keys to Growing a Successful Hearing
Line Dempsey, investigator, North Carolina Dental Board
- Good soil: Making sure you have proper preparation
- Field work: You reap what you sow
- Taking your crop to market: How good is your produce?
Public Board Member
Martha Ann Harrell, public member, North Carolina Board of Nursing
- Responsibilities as a board member in general, as chairman of the Hearing Committee and as member of a Licensure Review Panel
- How the role of a public member of the board differs
- Lessons from experience while serving on a regulatory board
Board Member of the Profession
Cheryl Walker-McGill, chair, disciplinary committee, North Carolina Medical Board
- The mission and mandate of the North Carolina Medical Board
- Competence and character: the framework for assessing licensee and applicant conduct
- Ensuring due process – fair and just regulation
11:00 a.m. – 12:00 p.m.
Panel Session 1: Pre-hearing Issues
Moderator: Donna Mooney
Panelists: Amigo Wade, Line Dempsey, Martha Ann Harrell, Cheryl Walker-McGill
1:00 – 1:30 p.m.
Board Counsel Perspective: The Prosecutor's Role in Administrative Hearings
Fred Knight, general counsel, Arkansas State Board of Nursing
- Evidentiary matters at hearings
- Objections – should I object or not?
- Disclosure of evidence – when?
- Protection the record for appeal
1:30 – 2:00 p.m.
Defense Counsel Perspective
James A. Wilson, attorney, Durham, N.C.
- Issues to consider: open meetings laws, public records laws, who the trier of fact will be, the burden of proof and standards of review on appeal
- Remain cognizant of external stakeholder concerns that might be influencing decision-making, the resources available to the defense and consequences for the licensee
- How defense counsel can help the process and what defense counsel needs from the agency
2:00 – 2:30 p.m.
Board Hearings Counsel Perspective
Jeffrey P. Gray, attorney, Raleigh, North Carolina
- Duty to advise the board on procedural issues and rules of order, evidentiary issues, the board’s law and rules and other applicable statutes such as the Open Meeting Law
- Role as umpire: Calling the balls and strikes
- Preserves due process by providing a neutral legal advisor to the board
- Biggest challenge for all (board, prosecutor, and Hearings Counsel) is the pro se litigant
2:50 – 3:50 p.m.
Panel Session 2: Issues at the Hearing
Moderator: Donna Mooney
Panelists: Fred Knight, James A. Wilson, Jeffrey P. Gray and Amigo Wade
3:50 – 4:00 p.m.
Closing Remarks