§ 90-210.69. Rulemaking; enforcement of Article; judicial review; determination of penalty amount. - North Carolina Statutes

§ 90‑210.69. Rulemaking; enforcement of Article; judicial review; determination of penaltyamount.

(a)        The Board isauthorized to adopt rules for the carrying out and enforcement of theprovisions of this Article. The Board may perform such other acts and exercisesuch other powers and duties as are authorized by this Article and by Article13A of this Chapter to carry out its powers and duties.

(b)        The Board mayadminister oaths and issue subpoenas requiring the attendance of persons andthe production of papers and records in any investigation conducted by it.Members of the Board's staff or the sheriff or other appropriate official ofany county of this State shall serve all notices, subpoenas and other papersgiven to them by the Board for service in the same manner as process issued byany court of record. Any person who does not obey a subpoena issued by theBoard shall be guilty of a misdemeanor and, upon conviction thereof, shall befined or imprisoned in the discretion of the court.

(c)        In accordance withthe provisions of Chapter 150B of the General Statutes, if the Board finds thata licensee, an applicant for a license or an applicant for license renewal isguilty of one or more of the following, the Board may refuse to issue or renewa license or may suspend or revoke a license or place the holder thereof onprobation upon conditions set by the Board, with revocation upon failure tocomply with the conditions:

(1)        Offering to engageor engaging in activities for which a license is required under this Articlebut without having obtained such a license.

(2)        Aiding or abettingan unlicensed person, firm, partnership, association, corporation or otherentity to offer to engage or engage in such activities.

(3)        A crime involvingfraud or moral turpitude by conviction thereof.

(4)        Fraud ormisrepresentation in obtaining or receiving a license or in preneed funeralplanning.

(5)        False or misleadingadvertising.

(6)        Violating orcooperating with others to violate any provision of this Article, the rules andregulations of the Board, or the standards set forth in Funeral IndustryPractices, 16 C.F.R. 453 (1984), as amended from time to time.

(7)        Denial, suspension,or revocation of an occupational or business license by another jurisdiction.

In any case in which the Boardis authorized to take any of the actions permitted under this subsection, theBoard may instead accept an offer in compromise of the charges whereby theaccused shall pay to the Board a penalty of not more than five thousand dollars($5,000). In any case in which the Board is entitled to place a licensee on aterm of probation, the Board may also impose a penalty of not more than fivethousand dollars ($5,000) in conjunction with such probation.

(d)        Any proceedingspertaining to or actions against a funeral establishment under this Article maybe in addition to any proceedings or actions permitted by G.S. 90‑210.25(d)(4).Any proceedings pertaining to or actions against a person licensed for funeraldirecting or funeral service may be in addition to any proceedings or actionspermitted by G.S. 90‑210.25 (e)(1) and (2).

(e)        Judicial reviewshall be pursuant to Article 4 of Chapter 150B of the General Statutes.

(f)         In determining theamount of any penalty imposed or assessed under Article 13 of Chapter 90 of theGeneral Statutes, the Board shall consider:

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

(2)        The duration andgravity of the violation.

(3)        Whether theviolation was committed willfully or intentionally or reflects a continuingpattern.

(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. (1969, c. 187, s. 7; 1983, c.657, s. 4; 1985, c. 12, s. 1; 1991 (Reg. Sess., 1992), c. 901, s. 2; 1997‑399,ss. 29, 30; 2001‑294, s. 11; 2004‑203, s. 7; 2007‑531, s.15.)