§ 143-151.17. Grounds for disciplinary actions; investigation; administrative procedures.
§ 143‑151.17. Groundsfor disciplinary actions; investigation; administrative procedures.
(a) The Board shallhave the power to suspend any or all certificates, revoke any or allcertificates, demote any or all certificates to a lower level, or refuse to grantany certificate issued under the provisions of this Article to any person who:
(1) Has been convictedof a felony against this State or the United States, or convicted of a felonyin another state that would also be a felony if it had been committed in thisState;
(2) Has obtainedcertification through fraud, deceit, or perjury;
(3) Has knowingly aidedor abetted any person practicing contrary to the provisions of this Article orthe State Building Code or any building codes adopted by a federally recognizedIndian Tribe under G.S. 153A‑350.1;
(4) Has defrauded thepublic or attempted to do so;
(5) Has affixed hissignature to a report of inspection or other instrument of service if noinspection has been made by him or under his immediate and responsibledirection; or,
(6) Has been guilty ofwillful misconduct, gross negligence or gross incompetence.
(b) The Board mayinvestigate the actions of any qualified Code‑enforcement official orapplicant upon the verified complaint in writing of any person alleging aviolation of subsection (a) of this section. The Board may suspend, revoke, ordemote to a lower level any certificate of any qualified Code‑enforcementofficial and refuse to grant a certificate to any applicant, whom it finds tohave been guilty of one or more of the actions set out in subsection (a) asgrounds for disciplinary action.
(c) A denial,suspension, revocation, or demotion to a lower level of a certificate issuedunder this Article shall be made in accordance with Chapter 150B of the GeneralStatutes.
(d) The Board may denyan application for a certificate for any of the grounds that are described insubsection (a) of this section. Within 30 days after receipt of a notificationthat an application for a certificate has been denied, the applicant may make awritten request for a review by a committee designated by the chairman of theBoard to determine the reasonableness of the Board's action. The review shallbe completed without undue delay, and the applicant shall be notified promptly inwriting as to the outcome of the review. Within 30 days after service of thenotification as to the outcome, the applicant may make a written request for ahearing under Article 3A of Chapter 150B of the General Statutes if theapplicant disagrees with the outcome.
(e) The provisions ofthis section shall apply to Code‑enforcement officials and applicants whoare employed or seek to be employed by a federally recognized Indian Tribe toperform inspections on tribal lands under G.S. 153A‑350.1. (1977, c. 531, s. 1; 1987, c.827, s. 228; 1993, c. 504, s. 36; 1993 (Reg. Sess., 1994), c. 678, s. 36; 1999‑78,s. 5; 2007‑120, s. 3.)