North Carolina § 90A-81 - Remedies.

§ 90A-81. Remedies.

Denial, Suspension, and Revocation of Certification. - The Board may deny, suspend, or revoke a certificate under this Article for: A violation of this Article or a rule of the Board. The use of fraud or deceit in obtaining or renewing a certificate. Any act of gross negligence, incompetence, or misconduct in the construction, installation, repair, or inspection of an on-site wastewater system. Failure to satisfactorily complete continuing education requirements prescribed by the Board. Arbitration. - The Board may establish a voluntary arbitration procedure to resolve complaints concerning a certified contractor or inspector or any work performed by a certified contractor or inspector, or conflicts involving any certified contractor or inspector and the Division of Public Health of the Department or a local health department. Injunction. - The Board may in its own name seek an injunction to restrain any person, firm, partnership, or corporation from violating the provisions of this Article or rules adopted by the Board. The Board may bring an action for an injunction in the superior court of any county in which the violator resides or the violator's principal place of business is located. In any proceedings for an injunction, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from the continued violation. Members of the Board shall not be personally or professionally liable for any act or omission pursuant to this subsection. The Board shall not be required to post a bond in connection with any action to obtain an injunction. Offenses. - A person who commits any one or more of the following offenses is guilty of a Class 2 misdemeanor: Engages in or offers to engage in the construction, installation, repair, or inspection of an on-site wastewater system without the appropriate certificate for the grade level of on-site wastewater system. Gives false or forged evidence of any kind in obtaining a certificate. Falsely impersonates a certified contractor or inspector. History (2006-82, s. 1; 2010-31, s. 13.2(m); 2011-145, s. 13.3(nn).) Editor's Note. - Session Laws 2006-82, s. 3, made this Article effective July 10, 2006, except that G.S. 90A-72, 90A-79, and 90A-81 became effective January 1, 2008. Effect of Amendments. - Session Laws 2010-31, s. 13.2(m), effective July 1, 2010, in subsection (c), in the first sentence, substituted "The Board may in its own name seek an injunction" for "The Board may ask the Attorney General to seek an injunction," and in the second sentence, substituted "Board" for "Attorney General," and deleted "in the name of the State" following "injunction." Session Laws 2011-145, s. 13.3(nn), effective July 1, 2011, substituted "Division of Public Health" for "Division of Environmental Health" in subsection (b).