§ 90-385. Creation of Board; appointment and removal of members; terms and compensation; powers. - North Carolina Statutes

§ 90‑385.  Creationof Board; appointment and removal of members; terms and compensation; powers.

(a)        The North Carolina State Board of Examiners of Fee‑BasedPracticing Pastoral Counselors is created.  The Board shall consist of sevenmembers as follows:

(1)        Three members appointed by the Governor, two of whom shallbe certified fee‑based practicing pastoral counselors and one of whomshall be a certified fee‑based pastoral counseling associate.

(2)        Two members appointed by the General Assembly upon the recommendationof the Speaker of the House of Representatives, one of whom shall be acertified fee‑based practicing pastoral counselor and one of whom shallbe a public member who has no direct affiliation with the practice of pastoralcounseling.

(3)        Two members appointed by the General Assembly upon therecommendation of the President Pro Tempore of the Senate, one of whom shall bea certified fee‑based practicing pastoral counselor and one of whom shallbe a public member who has no direct affiliation with the practice of pastoralcounseling.

Initialappointees shall be persons who meet the education and experience requirementsfor certification under this Article and shall be deemed certified uponappointment.  In making appointments, consideration shall be given to adequaterepresentation from the various fields and areas of the practice of pastoralcounseling.  Legislative appointments shall be made in accordance with G.S. 120‑121.

(b)        Of the members initially appointed, three members, includingone certified fee‑based practicing pastoral counselor appointed by theGovernor, one certified fee‑based pastoral counseling associate appointedby the Governor, and one public member who has no direct affiliation with thepractice of pastoral counseling appointed by the General Assembly upon therecommendation of the President Pro Tempore of the Senate, shall serve for aterm of two years.  Two members, including one certified fee‑basedpracticing pastoral counselor appointed by the General Assembly upon the recommendationof the Speaker of the House of Representatives and one public member who has nodirect affiliation with the practice of pastoral counseling appointed by theGeneral Assembly upon the recommendation of the Speaker of the House ofRepresentatives, shall serve for a term of three years.  Two members, includingthe certified fee‑based practicing pastoral counselor appointed by theGovernor and the certified fee‑based practicing pastoral counselorappointed by the General Assembly upon the recommendation of the President ProTempore of the Senate, shall serve for a term of four years.

(c)        After the initial terms specified in this section, eachmember shall be appointed to serve a term of four years or until a successor isappointed and qualified.  A vacancy shall be filled by the appointing authorityoriginally filling that position, except that any vacancy in appointments bythe General Assembly shall be filled in accordance with G.S. 120‑122.  Noperson may be appointed more than once to fill an unexpired term nor to morethan two consecutive terms.

(d)        The Governor may remove any member of the Board for neglectof duty, malfeasance, conviction of a felony or conviction of a crime involvingmoral turpitude while in office, but for no other reason.

(e)        Five Board members shall constitute a quorum.  The Governorshall designate one Board member who is a certified fee‑based practicingpastoral counselor to serve as chairperson during the term of his or herappointment to the Board.  No person may serve as chairperson for more thanfour years.  The Board shall specify the location of its principal office.

(f)         The Board shall meet at least annually at a time set by theBoard.  The Board may hold additional meetings and conduct any proceeding orinvestigation necessary to its purposes and may empower its agents or counselto conduct any investigation necessary to its purposes.  The Board may orderthat any records concerning the provision of pastoral counseling servicesrelevant to a complaint received by the Board or any inquiry or investigationconducted by or on behalf of the Board be produced for inspection and copyingby representatives of the Board.  The Board shall adopt an official seal, whichshall be affixed to all certificates issued by the Board.  The Board shalladopt rules necessary to conduct its business, carry out its duties, andadminister this Article in accordance with Chapter 150B of the GeneralStatutes.

(g)        Board members shall receive no compensation for theirservices, but may be compensated for their expenses incurred in the performanceof duties required by this Article, as provided in G.S. 138‑6, from fundsgenerated by examination fees or from contributions made to the Board.  TheBoard may employ and compensate necessary personnel for the performance of itsfunctions, within the limits of funds available to the Board.  In no eventshall the State be liable for expenses incurred by the Board in excess of theincome derived from this Article. (1991, c. 670.)