§ 89A-7. Disciplinary actions. - North Carolina Statutes

§89A‑7.  Disciplinary actions.

(a)        The Board may denyor refuse to renew a certificate of registration, suspend, or revoke acertificate of registration if the registrant or applicant:

(1)        Obtains acertificate of registration by fraudulent misrepresentation.

(2)        Uses or attempts touse another's certificate of registration to practice landscape architecture.

(3)        Uses or attempts touse another's name for purposes of obtaining a certificate of registration orpracticing landscape architecture.

(4)        Has demonstratedgross malpractice or gross incompetency as determined by the Board.

(5)        Has been convictedof or pled guilty or no contest to a crime that indicates that the person isunfit or incompetent to practice landscape architecture or that indicates the personhas deceived or defrauded the public.

(6)        Has been declaredmentally incompetent by a court of competent jurisdiction.

(7)        Has willfullyviolated any of the provisions of this Chapter or the Board's rules.

(b)        The Board mayrequire a registrant to take a written or oral examination if the Board findsevidence that the person is not competent to practice landscape architecture asdefined in this Chapter.

(c)        The Board may takeany of the actions authorized in subsection (a) of this section against any firm,partnership, or corporation registered with the Board.

(d)        In addition totaking any of the actions authorized in subsection (a) of this section, theBoard may assess a civil penalty not in excess of two thousand dollars ($2,000)for the violation of any section of this Chapter or the violation of any rulesadopted by the Board. All civil penalties collected by the Board shall beremitted to the school fund of the county in which the violation occurred.Before imposing and assessing a civil penalty and fixing the amount thereof,the Board shall, as a part of its deliberations, take into consideration thefollowing factors:

(1)        The nature, gravity,and persistence of the particular violation.

(2)        The appropriatenessof the imposition of a civil penalty when considered alone or in combinationwith other punishment.

(3)        Whether theviolation was willful.

(4)        Any other factorsthat would tend to mitigate or aggravate the violations found to exist. (1969,c. 672, s. 7; 1973, c. 1331, s. 3; 1987, c. 827, ss. 1, 71; 1997‑406, s.8.)