North Carolina § 90A-64 - Suspensions and revocations of certificates.

§ 90A-64. Suspensions and revocations of certificates.

The Board shall have the power to refuse to grant, or may suspend or revoke, any certificate issued under provisions of this Article for any of the causes hereafter enumerated, as determined by the Board: Fraud, deceit, or perjury in obtaining registration under the provisions of this Article; Inability to practice with reasonable skill and safety due to drunkenness or excessive use of alcohol, drugs, or chemicals; Unprofessional conduct, including a material departure from or failure to conform to the standards of acceptable and prevailing practice or the ethics of the profession; Defrauding the public or attempting to do so; Failing to renew certificate as required; Dishonesty; Incompetency; Inexcusable neglect of duty; Conviction in any court of a crime involving moral turpitude or conviction of a felony; Failing to adhere to the Code of Ethics; or Failing to meet qualifications for renewal. A registered environmental health specialist or registered environmental health specialist intern who is convicted of a felony or a crime of moral turpitude shall report the conviction to the Board within 30 days from the date of the conviction. A felony conviction shall result in the automatic suspension of a certificate issued by the Board for 60 days until further action is taken by the Board. The Board shall immediately begin the hearing process in accordance with Article 3A of Chapter 150B of the General Statutes. Nothing in this section shall preclude the Board from taking further action. The procedure to be followed by the Board when refusing to allow an applicant to take an examination, or revoking or suspending a certificate issued under the provisions of this Article, shall be in accordance with the provisions of Chapter 150B of the General Statutes of North Carolina. The Board may conduct investigations for any complaints alleged or upon its own motion for any allegations or causes for disciplinary action under subsection (a) of this section. The Board may subpoena individuals and records to determine if action is necessary to enforce this Article. The Board and its members, individually, or its staff shall not be held liable for any civil or criminal proceeding when exercising in good faith its powers and duties authorized under the provisions of this Article. History (1959, c. 1271, s. 11; 1973, c. 1331, s. 3; 1981 (Reg. Sess., 1982), c. 1274, s. 2; 1987, c. 827, s. 1; 2009-443, s. 13.) Effect of Amendments. - Session Laws 2009-443, s. 13, effective August 7, 2009, in subsection (a), inserted "as determined by the Board" in the introductory language; rewrote subdivision (a)(2), which formerly read: "Addiction to narcotics"; rewrote subdivision (a)(3), which formerly read: "Drunkenness on duty"; rewrote subdivision (a)(9), which formerly read: "Guilty of any unprofessional or dishonorable conduct unworthy of and affecting the practice of his profession"; added subdivisions (a)(10) and (a)(11); and added subsections (a1), (c), and (d).