§ 20-183.8F. Requirements for giving license holders notice of violations and for taking summary action.
§ 20‑183.8F. Requirements for giving license holders notice of violations and for takingsummary action.
(a) Finding ofViolation. When an auditor of the Division finds that a violation hasoccurred that could result in the suspension or revocation of an inspectionstation license, a self‑inspector license, a mechanic license, or theregistration of a person engaged in the business of replacing windshields, theauditor must give the affected license holder written notice of the finding.The notice must be given within five business days after the completion of theinvestigation that resulted in the discovery of the violation. The notice muststate the period of suspension or revocation that could apply to the violationand any monetary penalty that could apply to the violation. The notice mustalso inform the license holder of the right to a hearing if the Divisioncharges the license holder with the violation.
(b) Notice of Charges. When the Division decides to charge an inspection station, a self‑inspector,a mechanic, or a person who is engaged in the business of replacing windshieldswith a violation that could result in the suspension or revocation of theperson's license, an auditor of the Division must deliver a written statementof the charges to the affected license holder. The statement of charges mustinform the license holder of this right, instruct the person on how to obtain ahearing, and inform the license holder of the effect of not requesting ahearing. The license holder has the right to a hearing before the license issuspended or revoked. G.S. 20‑183.8E sets out the procedure for obtaininga hearing.
(c) Exception forSummary Action. The right granted by subsection (b) of this section to have ahearing before a license is suspended or revoked does not apply if the Divisionsummarily suspends or revokes the license after a judge has reviewed andauthorized the proposed action. A license issued to an inspection station, aself‑inspector, or a mechanic is a substantial property interest thatcannot be summarily suspended or revoked without judicial review.
(d) A notice orstatement prepared pursuant to this section or an order of the Division that isdirected to a mechanic may be served on the mechanic by delivering a copy ofthe notice, statement, or order to the station or to the place of business ofthe self‑inspector where the mechanic is employed. (1997‑29, s. 9; 1999‑328,s. 3.13; 2001‑504, s. 17.)