North Carolina § 74C-5 - Powers of the Board.

§ 74C-5. Powers of the Board.

In addition to the powers conferred upon the Board elsewhere in this Chapter, the Board shall have the power to do all of the following: Adopt rules necessary to carry out and administer the provisions of this Chapter including the authority to require the submission of reports and information by licensees under this Chapter. Determine minimum qualifications, establish and require written or oral examinations, and establish minimum education, experience, and training standards for applicants and licensees under this Chapter. Conduct investigations regarding alleged violations and to make evaluations as may be necessary to determine if licensees and trainees under this Chapter are complying with the provisions of this Chapter. Adopt and amend bylaws, consistent with law, for its internal management and control. Approve individual applicants to be licensed or registered according to this Chapter. Deny, suspend, or revoke any license or trainee permit issued or to be issued under this Chapter to any applicant, licensee, or permit holder who fails to satisfy the requirements of this Chapter or the rules established by the Board. The denial, suspension, or revocation shall be in accordance with Chapter 150B of the General Statutes of North Carolina. Issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records, and documents. The district court shall have the power to impose punishment pursuant to G.S. Chapter 5A, Article 2, for acts occurring in matters pending before the Private Protective Services Board which would constitute civil contempt if the acts occurred in an action pending in court. Repealed by Session Laws 1989, c. 759, s. 5. Adopt rules governing detection of deception schools, and charge fees for reimbursement of costs incurred pursuant to approval of the schools. Contract for services as necessary to carry out the functions of the Board. Approve training schools, instructors, and course materials for any person, firm, association, or corporation wishing to provide training described in this Chapter. Approve a design for a badge or shield that indicates a person is licensed or registered to engage in private protective services. The badge or shield shall be approved by the North Carolina Sheriffs' Association and the North Carolina Association of Chiefs of Police. History (1973, c. 528, s. 1; c. 1331, s. 3; 1979, c. 818, s. 2; 1981 (Reg. Sess., 1982), c. 1359, s. 3; 1983, c. 794, s. 2; c. 810; 1989, c. 759, s. 5; 1999-456, s. 19; 2007-511, s. 2.) Effect of Amendments. - Session Laws 2007-511, s. 2, effective October 1, 2007, in the introductory paragraph, added "do all of the following"; substituted "Adopt rules" for "Promulgate rules" in subdivision (1); substituted "Adopt rules" for "Establish rules" in subdivision (9); added subdivisions (11) and (12); and made minor stylistic changes throughout the section. Opinions of Attorney General Temporary employment agency providing armed guards to its clients on a contractual basis falls within the definition of a contract security company and must be licensed by the Board as a statutory prerequisite to engaging in the private protective services business as defined in G.S. 74C-3. See opinion of Attorney General to Mr. James F. Kirk, Administrator, N.C. Private Protection Services Board, 57 N.C.A.G. 55 (Oct. 16, 1987). Temporary employment agency under contract to North Carolina Ports Authority to provide armed guards who are certified law-enforcement officers under Chapter 17C must be licensed under this Chapter, even though the Chief of Security for the Ports Authority interviews and selects the officers hired by the agency to provide armed security for the Ports Authority, where the agency places the guards on its payroll, withholds taxes and social security and provides other fringe benefits. See opinion of Attorney General to Mr. James F. Kirk, Administrator, N.C. Private Protection Services Board, 57 N.C.A.G. 55 (Oct. 16, 1987). The Private Protective Services Board has the authority to inspect the records of all licensees as part of an evaluation conducted pursuant to subdivision (3). See opinion of Attorney General to James F. Kirk, Administrator, N.C. Private Protective Services Board, 60 N.C.A.G. 12 (1990). The Private Protective Services Board does not have authority to issue temporary private investigator trainee permits and cannot delegate authority to the Administrator to issue such a permit. See opinion of Attorney General to Mr. Wayne Woodard, Administrator, Private Protective Services Board, 1999 N.C. AG LEXIS 29 (11/22/99).