2014 Raleigh Regional Seminar - Handouts

• April 29, 2014 •

Clicking on a presentation session title will download a printable PDF handout of the slides with space for notes.  Panel sessions do not have handouts.

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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


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