§ 87-47. Penalties imposed by Board; enforcement procedures. - North Carolina Statutes

§87‑47.  Penalties imposed by Board; enforcement procedures.

(a)        Repealed by SessionLaws 1989, c. 709, s. 9.

(a1)      The followingactivities are prohibited:

(1)        Offering to engageor engaging in electrical contracting without being licensed.

(2)        Selling, transferring,or assigning a license, regardless of whether for a fee.

(3)        Aiding or abettingan unlicensed person, partnership, firm, or corporation to offer to engage orto engage in electrical contracting.

(4)        Being convicted of acrime involving fraud or moral turpitude.

(5)        Engaging in fraud ormisrepresentation to obtain a certification, obtain or renew a license, orpractice electrical contracting.

(6)        Engaging in false ormisleading advertising.

(7)        Engaging inmalpractice, unethical conduct, fraud, deceit, gross negligence, grossincompetence, or gross misconduct in the practice of electrical contracting.

(a2)      The Board mayadminister one or more of the following penalties if the applicant, licensee,or qualified individual has engaged in any activity prohibited under subsection(a1) of this section:

(1)        Reprimand.

(2)        Suspension frompractice for a period not to exceed 12 months.

(3)        Revocation of theright to serve as a listed qualified individual on any license issued by theBoard.

(4)        Revocation oflicense.

(5)        Probationaryrevocation of license or the right to serve as a listed qualified individual onany license issued by the Board, upon conditions set by the Board as the casewarrants, and revocation upon failure to comply with the conditions.

(6)        Revocation ofcertification.

(7)        Refusal to certifyan applicant or a qualified individual.

(8)        Refusal to issue alicense to an applicant.

(9)        Refusal to renew alicense.

(a3)      In addition toadministering a penalty under subsection (a2) of this section, the Board mayassess a civil penalty of not more than one thousand dollars ($1,000) against alicensee or a qualified individual who has engaged in an activity prohibitedunder subsection (a1) of this section or has violated another provision of thisArticle or a rule adopted by the Board. The clear proceeds of civil penaltiescollected under this subsection shall be remitted to the Civil Penalty andForfeiture Fund in accordance with G.S. 115C‑457.2.

In determining the amount of acivil penalty, the Board shall consider:

(1)        The degree andextent of harm to the public safety or to property, or the potential for harm.

(2)        The duration andgravity of the violation.

(3)        Whether theviolation was committed willfully or intentionally, or reflects a continuing pattern.

(4)        Whether theviolation involved elements of fraud or deception either to the public or tothe Board, or both.

(5)        The violator's priordisciplinary record with the Board.

(6)        Whether and theextent to which the violator profited by the violation.

(a4)      Any person,including the Board and its staff on their own initiative, may prefer chargespursuant to this section, and such charges must be submitted in writing to theBoard. The Board may, without a hearing, dismiss charges as unfounded or trivial.The Board may issue a notice of violation based on the charges, to be served bya member of the Board's staff or in accordance with Rule 4 of the Rules ofCivil Procedure, against any person, partnership, firm, or corporation forengaging in an activity prohibited under subsection (a1) of this section or fora violation of the provisions of this Article or any rule adopted by the Board.The person or other entity to whom the notice of violation is issued mayrequest a hearing by notifying the Board in writing within 20 days after beingserved with the notice of violation. Hearings shall be conducted by the Boardor an administrative law judge pursuant to Article 3A of Chapter 150B of theGeneral Statutes. In conducting hearings, the Board may remove the hearings toany county in which the offense, or any part thereof, was committed if in theopinion of the Board the ends of justice or the convenience of witnessesrequire such removal.

(a5)      If the person orother entity does not request a hearing under subsection (a4) of this section,the Board shall enter a final decision and may impose penalties against theperson or other entity. If the person or other entity is not a licensee or aqualified individual, the Board may impose penalties under subsection (a2) ofthis section. If the person or other entity is a licensee or a qualifiedindividual, the Board may impose penalties under subsection (a2) of thissection, subsection (a3) of this section, or both.

(b)        The Board shalladopt and publish rules, in accordance with Chapter 150B of the GeneralStatutes and consistent with the provisions of this Article, governing thematters contained in this section.

(c)        The Board shallestablish and maintain a system whereby detailed records are kept regardingcharges and notices of violation pursuant to this section. This record shallinclude, for each person, partnership, firm, and corporation charged ornotified of a violation, the date and nature of each charge or notice ofviolation, investigatory action taken by the Board, any findings by the Board,and the disposition of the matter.

(d)        The Board mayreinstate a qualified individual's certification and may reinstate a licenseafter having revoked it, provided that one year has elapsed from revocationuntil reinstatement and that the vote of the Board for reinstatement is by amajority of its members.

The Board shall immediatelynotify the Secretary of State and the electrical inspectors within thelicensee's county of residence upon the revocation of a license or the reissuanceof a license which had been revoked.

(e)        In any case inwhich the Board is entitled to convene a hearing to consider imposing anypenalty provided for in subsection (a2) or (a3) of this section, the Board mayaccept an offer in compromise of the charge, whereby the accused shall pay tothe Board a penalty of not more than one thousand dollars ($1,000). The clearproceeds of penalties collected by the Board under this subsection shall beremitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.(1969, c. 669, s. 1; 1973, c. 1331, s. 3; 1979, c. 904, s. 11; 1989, c.709, s. 9; 1995, c. 114, s. 4; 1998‑215, s. 132.)