§ 143-461. General powers of Board. - North Carolina Statutes

§ 143‑461.  Generalpowers of Board.

In addition to the specific powers prescribed elsewhere in thisArticle, and for the purpose of carrying out its duties, the Board shall havethe power, at any time and from time to time:

(1)        To adopt from time to time and to modify and revoke officialregulations interpreting and applying the provisions of this Article and rulesof procedure establishing and amplifying the procedures to be followed in theadministration of this Article. Unless the Board deems there are overridingpolicy considerations involved, any regulation of the Board, which will in thejudgment of the Board result in severe curtailment of the usefulness or valueof inventories or equipment in the hands of persons licensed under thisArticle, should be given a future effective date so as to minimize unduepotential economic loss to licensees;

(2)        To authorize the Commissioner by proclamation (i) to suspendor implement, in whole or in part, particular regulations of the Board whichmay be affected by variable conditions, or (ii) to suspend the application ofany provision of this Part to any federal or State agency if it is determinedby the Commissioner that emergency conditions require such action.

(3)        To conduct such investigations as it may reasonably deemnecessary to carry out its duties as prescribed by this Article;

(4)        To conduct public hearings in accordance with the proceduresprescribed by this Article;

(5)        To delegate such of the powers of the Board as the Boarddeems necessary (other than its powers to adopt rules and regulations of anykind) to one or more of its members, to the Commissioner, or to any qualifiedemployee of the Board or of the Commissioner; provided, that the provisions ofany such delegation of power shall be set forth in the official regulations ofthe Board. Any person to whom a delegation of  power is made to conduct ahearing shall report the hearing with its evidence and record to the Board fordecision;

(6)        To call upon the Attorney General for such legal advice and  assistanceas is necessary to the functioning of the Board;

(7)        To institute such actions in the superior court in thecounty in which any defendant resides, or has his or its principal place ofbusiness, as the Board may deem necessary for the enforcement of any of theprovisions of this Article or of any official actions of the Board, includingproceedings to enforce subpoenas or for the punishment of contempt of theBoard. Upon violation of any of the provisions of this Article, or of anyregulation of the Board adopted under the authority of this Article the Boardmay, either before or after the institution of any other proceedings (civil orcriminal), institute a civil action in  the superior court in the name of theState for injunctive relief to restrain the violation and for such other orfurther relief in the premises as said court shall deem proper. Neither theinstitution of the action nor any of the proceedings thereon shall relieve anyparty to such proceedings from any other penalty or remedy prescribed by thisArticle for any violation of same;

(8)        To agree upon or enter into any settlements or compromisesof any actions and to prosecute any appeals or other proceedings. (1971, c. 832, s. 1; 1973, c. 389, s. 6; 1987, c. 827,s. 44.)