North Carolina § 143-151 - 17. Grounds for disciplinary actions; investigation; administrative procedures.

§ 143-151. 17. Grounds for disciplinary actions; investigation; administrative procedures.

The Board shall have the power to suspend any or all certificates, revoke any or all certificates, demote any or all certificates to a lower level, or refuse to grant any certificate issued under the provisions of this Article to any person who: Has been convicted of a felony against this State or the United States, or convicted of a felony in another state that would also be a felony if it had been committed in this State; Has obtained certification through fraud, deceit, or perjury; Has knowingly aided or abetted any person practicing contrary to the provisions of this Article or the State Building Code or any building codes adopted by a federally recognized Indian Tribe under G.S. 153A-350.1; Has defrauded the public or attempted to do so; Has affixed his signature to a report of inspection or other instrument of service if no inspection has been made by him or under his immediate and responsible direction; or, Has been guilty of willful misconduct, gross negligence or gross incompetence. The Board may investigate the actions of any qualified Code-enforcement official or applicant upon the verified complaint in writing of any person alleging a violation of subsection (a) of this section. The Board may suspend, revoke, or demote to a lower level any certificate of any qualified Code-enforcement official and refuse to grant a certificate to any applicant, whom it finds to have been guilty of one or more of the actions set out in subsection (a) as grounds for disciplinary action. A denial, suspension, revocation, or demotion to a lower level of a certificate issued under this Article shall be made in accordance with Chapter 150B of the General Statutes. The Board may deny an application for a certificate for any of the grounds that are described in subsection (a) of this section. Within 30 days after receipt of a notification that an application for a certificate has been denied, the applicant may make a written request for a review by a committee designated by the chairman of the Board to determine the reasonableness of the Board's action. The review shall be completed without undue delay, and the applicant shall be notified promptly in writing as to the outcome of the review. Within 30 days after service of the notification as to the outcome, the applicant may make a written request for a hearing under Article 3A of Chapter 150B of the General Statutes if the applicant disagrees with the outcome. The provisions of this section shall apply to Code-enforcement officials and applicants who are employed or seek to be employed by a federally recognized Indian Tribe to perform inspections on tribal lands under G.S. 153A-350.1. History (1977, c. 531, s. 1; 1987, c. 827, s. 228; 1993, c. 504, s. 36; 1993 (Reg. Sess., 1994), c. 678, s. 36; 1999-78, s. 5; 2007-120, s. 3.) Effect of Amendments. - Session Laws 2007-120, s. 3, effective December 1, 2007, and applicable to offenses committed on or after December 1, 2007, in the introductory language of subsection (a), substituted "suspend any or all certificates, revoke any or all certificates, demote any or all certificates to a lower level," for "suspend, revoke"; in subsection (b), added "of this section" at the end of the first sentence, and substituted "suspend, revoke, or demote to a lower level any certificate" for "suspend or revoke the certification" in the second sentence; and in subsection (c), substituted "revocation, or demotion to a lower level" for "or revocation" near the beginning.