North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 56 - ENGINEERS AND SURVEYORS › Section .1300 - BOARD DISCIPLINARY PROCEDURES › Section 56 .1301 - IMPROPER PRACTICE BY A LICENSEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General.
				Licensee practice that may violate the rules of this Chapter or G.S. 89C is
				subject to Board investigation and disciplinary action by the Board.
(b) Preferring Charges. Any person who
				believes that any licensed Professional Engineer, Professional Land Surveyor,
				or business holding a certificate of licensure is in violation of the
				provisions of G.S. 89C or the rules in this Chapter may prefer charges against
				that person or business, in the form of a complaint, completed to the best of
				that individual's knowledge and belief, along with providing corroborative
				evidence that helps support the charges. An optional complaint form is provided
				by the Board to aid in filing the complaint.
(c) Preliminary Review:
(1) Upon receipt of a filed charge that meets
				requirements of G.S. 89C and the rules of the Board a case shall be opened.
				Other information indicating that a licensee is in violation of the provisions
				of G.S. 89C or the rules of the Board may be a basis for opening a case by the
				Board.
(2) A field investigation
				may be performed if determined necessary by the Executive Director in order to
				obtain additional information and evidence.
(3) If the Executive Director determines that
				the charges are corroborated by evidence, a written notice and explanation of
				the charge shall be forwarded to the person or business against whom the charge
				is made and a response requested, within 15 days, to show compliance with G.S.
				89C and the rules of the Board for retention of the license. Notice of the
				charge and of the alleged facts or alleged conduct shall be given personally or
				by certified mail, return receipt request.
(4) After preliminary evidence has been
				obtained, the matter shall be referred to the Board's review committee, made up
				of the following individuals:
(A) one member
				of the Board who is licensed in the respective profession;
(B) the legal counsel of the Board;
				and
(C) the Executive Director of
				the Board or Assistant Executive Director if designated by the Executive
				Director.
(5) Upon
				review of the evidence, the review committee shall:
(A) recommend that the Board dismiss the
				charge as unfounded or trivial;
(B)
				when the charge is admitted as true, recommend that the Board accept the
				admission of guilt by the person charged and order that person not to commit in
				the future the specific act or acts admitted and also not to violate any of the
				provisions of the Board rules or the statutes at any time in the
				future;
(C) present the charge,
				whether admitted or denied, to the full Board for a hearing and determination
				by the Board on the merits of the charge in accordance with the substantive and
				procedural requirements of the provisions of Section .1400 of this Chapter and
				the provisions of G.S. 150B; or
(D)
				whether the charge is admitted or denied, give written notice to the licensee
				that:
(i) sufficient evidence exists which,
				if not rebutted or explained, would justify the Board in taking an action set
				out in Rule .1402(4) through (12) of this Chapter;
(ii) stating the nature of the evidence;
				and
(iii) that unless the licensee,
				within 20 days after service of said notice, deposits in the mail a certified
				letter addressed to the Board and containing a request for a hearing or
				settlement conference, that it will recommend that the Board take the action(s)
				specified in the notice, set out in Rule .1402(4) through (12) of this
				Chapter.