North Carolina § 58-2-69 - Notification of criminal convictions and changes of address; service of notice; contracts for online services, administrative services, or regulatory data systems.

§ 58-2-69. Notification of criminal convictions and changes of address; service of notice; contracts for online services, administrative services, or regulatory data systems.

As used in this section: "License" includes any license, certificate, registration, or permit issued under this Chapter. "Licensee" means any person who holds a license. Every applicant for a license shall inform the Commissioner of the applicant's residential address and provide the applicant's e-mail address to which the Commissioner can send electronic notifications and other messages. Every licensee shall give written notification to the Commissioner of any change of the licensee's residential or e-mail address within 10 business days after the licensee moves into the licensee's new residence or obtains a different e-mail address. This requirement applies if the change of residential address is by governmental action and there has been no actual change of residence location; in which case the licensee shall notify the Commissioner within 10 business days after the effective date of the change. A violation of this subsection is not a ground for revocation, suspension, or nonrenewal of the license or for the imposition of any other penalty by the Commissioner, though a licensee who violates this subsection shall pay an administrative fee of fifty dollars ($50.00) to the Commissioner. If a licensee is convicted in any court of competent jurisdiction for any crime or offense other than a motor vehicle infraction, the licensee shall notify the Commissioner in writing of the conviction within 10 days after the date of the conviction. As used in this subsection, "conviction" includes an adjudication of guilt, a plea of guilty, or a plea of nolo contendere. Notwithstanding any other provision of law, whenever the Commissioner is authorized or required to give any notice under this Chapter to a licensee, the notice may be given personally or by sending the notice by first-class mail to the licensee at the address that the licensee has provided to the Commissioner under subsection (b) of this section. The giving of notice by mail under subsection (d) of this section is complete upon the expiration of four days after the deposit of the notice in the post office. Proof of the giving of notice by mail may be made by the certificate of any employee of the Department. Notification by licensees under subsection (b) of this section may be accomplished by submitting written notification directly to the Commissioner or by using any online services approved by the Commissioner for this purpose. The Commissioner may contract with the NAIC or other persons for the provision of online services to applicants and licensees, for the provision of administrative services, for the provision of license processing and support services, and for the provision of regulatory data systems to the Commissioner. The NAIC or other person with whom the Commissioner contracts may charge applicants and licensees a reasonable fee for the provision of online services, the provision of administrative services, the provision of license processing and support services, and the provision of regulatory data systems to the Commissioner. The fee shall be agreed to by the Commissioner and the other contracting party and shall be stated in the contract. The fee is in addition to any applicable license application and renewal fees. Contracts for the provision of online services, contracts for the provision of administrative services, and contracts for the provision of regulatory data systems shall not be subject to Article 3, 3C, or 8 of Chapter 143 of the General Statutes or to Article 15 of Chapter 143B of the General Statutes. However, the Commissioner shall: (i) submit all proposed contracts for supplies, materials, printing, equipment, and contractual services that exceed one million dollars ($1,000,000) authorized by this subsection to the Attorney General or the Attorney General's designee for review as provided in G.S. 114-8.3; and (ii) include in all contracts to be awarded by the Commissioner under this subsection a standard clause which provides that the State Auditor and internal auditors of the Commissioner may audit the records of the contractor during and after the term of the agreement or contract to verify accounts and data affecting fees and performance. The Commissioner shall not award a cost plus percentage of cost agreement or contract for any purpose. History (1998-211, s. 16; 2007-507, s. 15; 2009-566, s. 20; 2010-194, s. 6; 2011-196, s. 1; 2011-326, s. 15(f); 2015-241, s. 7A.4(d).) Editor's Note. - In subsection (g), "Article 15" was substituted for "Article 14" in the fifth sentence at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2007-507, s. 15, effective January 1, 2008, and applicable to fees or charges due, and actions occurring, on or after that date, inserted "contracts for online services, administrative services, or regulatory data systems" in the section heading; in subsection (b), substituted "shall" for "must" near the middle and inserted "though a licensee who violates this subsection shall pay an administrative fee of fifty dollars ($50.00) to the Commissioner" at the end; inserted "in writing of the conviction" in subsection (c); added subsections (f) and (g). Session Laws 2009-566, s. 20, effective January 1, 2010, in subsection (b), added "and provide the applicant's e-mail address to which the Commissioner can send electronic notifications and other messages" at the end of the first sentence; and, in the second sentence, inserted "or e-mail" and added "or obtains a different e-mail address" at the end of the sentence. Session Laws 2010-194, s. 6, effective October 1, 2010, and applicable to all contracts proposed or awarded on or after that date, added the last two sentences in subsection (g). Session Laws 2011-196, s. 1, effective July 1, 2011, in subsection (g), in the first sentence, inserted "applicants and" and substituted "administrative services, for the provision of license processing and support services, and for the provision" for "administrative services to licensees, or for the provision," rewrote the second sentence, which formerly read: "The NAIC or other person with whom the Commissioner contracts may charge licensees a reasonable fee for the costs associated with the licensees' use of online services and administrative services," and added the fourth sentence. Session Laws 2011-326, s. 15(f), effective June 27, 2011, in the next-to-last sentence, deleted "statewide and agency term" following "proposed" and inserted "and after." Session Laws 2015-241, s. 7A.4(d), effective July 1, 2015, substituted "Article 14 of Chapter 143B " for "Article 3D of Chapter 147 " near the end of the fifth sentence in subsection (g).