§ 95-120. Powers and duties of the Commissioner. - North Carolina Statutes

§ 95‑120.  Powers andduties of the Commissioner.

In addition to all otherpowers and duties conferred and imposed upon the Commissioner by this Article,the Commissioner shall have and exercise the following powers and duties:

(1)        To adopt, modify, orrevoke the rules necessary for carrying out the provisions of this Article,including those governing the design, construction, installation, operation,use, and maintenance of devices subject to the provisions of this Article. Therules adopted under this section shall conform as nearly as possible to thestandards contained  in the B77.1 – American National Standards SafetyRequirements for Aerial Passenger Tramways and with good engineering and safetystandards, formulas, and practices.

(1a)      To enforce the rulesadopted under this Article.

(1b)      To grant exceptionsfrom the requirements of the rules adopted under this Article and to permit theuse of other devices when the exceptions and uses will not expose the public toan unsafe condition likely to result in serious personal injury or damage toproperty.

(2)        To hold hearings andtake evidence in all matters relating to the exercise and performance of thepowers and duties vested in the Commissioner, subpoena witnesses, administeroaths, and compel the testimony of witnesses and the production of books,papers and records relevant to any inquiry.

(3)        To approve, deny,revoke, and renew the registration certificates in accordance with the rulesadopted pursuant to this Article.

(4)        To institute civilactions for injunctive or other relief against violators of this Article.

(5)        To cause the seal ofthe Commissioner of Labor to be affixed to all registrations issued by theCommissioner, and to employ, within the funds available to the Commissioner,and prescribe the duties of the personnel as the Commissioner may deemnecessary in the administration of this Article.

(6)        To have reasonableaccess, with or without notice, to the devices subject to the provisions ofthis Article during reasonable hours, for the purposes of inspections andtesting.

(7)        To investigateaccidents involving devices subject to the provisions of this Article todetermine the cause of the accident. The Commissioner shall have full subpoenapowers in conducting the investigations.

(8)        To coordinateenforcement and inspection activity relative to equipment, devices, andoperations covered by this Article in order to minimize duplication ofliability or regulatory responsibility on the part of the operator, owner, oremployer.

(9)        To establish feesnot to exceed one hundred thirty‑seven dollars ($137.00) for theinspection and issuance of registration certificates for devices that are inuse and subject to this Article. (1969, c. 1021; 2005‑347, s. 4.)