NC Dental Jurisprudence: Discipline, Complaints, and Administrative Hearing Procedure

This domain tests the path from a patient complaint to a final Board order, and the sanctions available at the end.

The pipeline

1. Complaint filed or Board-initiated review.
2. Investigation, including record requests; failing to cooperate can itself be a violation.
3. Notice of hearing stating the charges and the statutes or rules allegedly violated.
4. Contested case heard by an administrative law judge at the Office of Administrative Hearings, unless the matter settles or proceeds by consent.
5. The ALJ issues a recommended decision; the Board, as the agency, issues the final decision.
6. Judicial review in Superior Court on the record under the whole-record test - not a fresh trial.

Sanctions

Reprimand, probation with conditions, stayed or active suspension, revocation, civil penalties, costs, and practice restrictions or monitoring. Summary suspension is available when continued practice presents an immediate risk to the public.

Worked example

A dentist is accused of practicing while impaired. Because patients face immediate risk, the Board may summarily suspend pending a hearing. At the hearing the issues include not only impairment but whether the licensee complied with the applicable treatment or monitoring program. Due process still requires notice and an opportunity to be heard.

Traps that cost marks

• Believing the ALJ's recommended decision is final; the Board decides.
• Treating the appeal as a retrial with new evidence.
• Overlooking mandatory self-reporting (convictions, actions in other states, malpractice payments), which are separate violations from the underlying event.