§ 90-249.1. Disciplinary actions. - North Carolina Statutes

§ 90‑249.1. Disciplinary actions.

(a)        The Board may suspend, revoke, or refuse to issue, renew, orreinstate any license for any of the following:

(1)        Offering to practice or practicing as a dispensing opticianwithout a license.

(2)        Aiding or abetting an unlicensed person in offering topractice or practicing as a dispensing optician.

(3)        Selling, transferring, or assigning a license.

(4)        Engaging in fraud or misrepresentation to obtain or renew alicense.

(5)        Engaging in false or misleading advertising.

(6)        Advertising in any manner that conveys or intends to conveythe impression that eyes are examined by persons licensed under this Article oroptical places of business registered under this Article.

(7)        Engaging in malpractice, unethical conduct, fraud, deceit,gross negligence, incompetence, or gross misconduct.

(8)        Being convicted of a crime involving fraud or moralturpitude.

(9)        Violating any provision of this Article or the rules adoptedby the Board.

(b)        In addition or as an alternative to taking any of theactions permitted in subsection (a) of this section, the Board may assess alicensee a civil penalty of not more than one thousand dollars ($1,000) for theviolation of any section of this Article. In any case in which the Board isauthorized to take any of the actions permitted in subsection (a) of thissection, the Board may instead accept an offer in compromise of the chargeswhereby the accused licensee shall pay to the Board a civil penalty of not morethan one thousand dollars ($1,000). All civil penalties collected by the Boardshall be remitted to the school fund of the county in which the violationoccurred.

(c)        In determining the amount of a civil penalty, the Board mayconsider:

(1)        The degree and extent of harm caused by the violation topublic health and safety or the potential for harm.

(2)        The duration and gravity of the violation.

(3)        Whether the violation was willful or reflects a continuingpattern.

(4)        Whether the violation involved elements of fraud ordeception.

(5)        Prior disciplinary actions against the licensee.

(6)        Whether and to what extent the licensee profited from theviolation.

(d)        Any person, including the Board and its staff, may file acomplaint with the Board alleging that a licensee committed acts in violationof subsection (a) of this section. The Board may, without holding a hearing,dismiss the complaint as unfounded or trivial. Any hearings held pursuant tothis section shall be conducted in accordance with Chapter 150B of the GeneralStatutes. (1997‑424, s.6.)