21 N.C. Admin. Code 50.0412

Current through Register Vol. 39, No. 9, November 1, 2024

Section 50 .0412 - GUIDELINES ON DISCIPLINARY ACTIONS

(a) The provisions of G.S. 87, Article 2, the rules of the Board and the matters referenced therein are the guidelines by which the conduct of an entity subject to the authority of the Board are evaluated.

(b) The Board may suspend a license or impose probation provisions for violations of 21 NCAC 50 .0402, 21 NCAC 50 .0403, 21 NCAC 50 .0404 and 21 NCAC 50 .0405. Repeated violations may result in revocation.

(c) The Board may suspend a license or impose probationary terms when a licensee fails to comply with the supervision requirements of 21 NCAC 50 .0404, 21 NCAC 50 .0406 or 21 NCAC 50 .0505. Multiple violations within the same proceeding may result in revocation.

(d) The Board may suspend or revoke a license where it is found that the licensee has failed to comply with the minimum standards of competence as set forth in 21 NCAC 50 .0505(b). The Board may condition the subsequent reinstatement of license upon passing of the Board's examination or completion of specified educational courses. The Board may impose additional conditions of reinstatement.

(e) The Board may suspend or revoke the license of a contractor where it is found that the contractor abandoned a job after obtaining funds from the owner.

(f) The Board may revoke the license of any licensee where it is found that the licensee through a violation of G.S. 87, Article 2, has increased the risk of:

(1) exposure to carbon monoxide or other harmful vapors,

(2) fire, or damage resulting therefrom,

(3) the release of sewage or methane gas, or

(4) contamination of the potable water supply.

(g) This Rule is not intended to limit the authority of the Board or the variety of facts for which action is required in a particular situation.

(h) Any of the foregoing actions may result in a probation period or combination of suspension and probation. Condition of probation may include remediation, education, reexamination, record-keeping or other provisions likely to deter future violation or remedy perceived shortcomings.

21 N.C. Admin. Code 50 .0412

Authority G.S. 87-18; 87-23;
Eff. November 1, 1993;
Amended Eff. December 31, 2011; August 1, 2000; November 1, 1994; August 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 22, 2015.

Authority G.S. 87-18; 87-23;
Eff. November 1, 1993;
Amended Eff. December 31, 2011; August 1, 2000; November 1, 1994; August 1, 1994.