§ 106-549.64. Refusal of inspection services; hearing; appeal. - North Carolina Statutes

§ 106‑549.64. Refusal of inspection services; hearing; appeal.

(a)        The Commissioner may (for such period, or indefinitely, ashe deems necessary to effectuate the purposes of this Article) refuse toprovide, or withdraw, inspection service under this Article with respect to anyestablishment if he determines that such applicant or recipient is unfit toengage in any business requiring inspection upon this Article because theapplicant  or recipient or anyone responsibly connected with the applicant orrecipient, has been convicted, in any federal or State court, within theprevious 10 years of

(1)        Any felony or more than one misdemeanor under any law basedupon the acquiring, handling, or distributing of adulterated, mislabeled, ordeceptively packaged food or fraud in connection with transactions in food; or

(2)        Any felony, involving fraud, bribery, extortion, or anyother act or circumstances indicating a lack of the integrity needed for theconduct of operations affecting the public health. For the purpose of thissubsection a person shall be deemed to be responsibly connected with thebusiness if he was a partner, officer, director, holder, or owner of ten percentum (10%) or more of its voting stock or employee in a managerial orexecutive capacity.

(b)        Proceedings concerning the refusal or withdrawal ofinspection services shall be conducted in accordance with Chapter 150B of theGeneral Statutes.  A refusal or withdrawal of inspection services by theCommissioner shall continue in effect pending a final decision in a contestedcase unless the Commissioner orders otherwise.

(c)        Repealed by Session Laws 1987, c. 827, s. 37. (1971, c. 677, s. 17; 1973, c. 1331, s. 3; 1987, c.827, s. 37.)