§ 87-11. Revocation of license; charges of fraud, negligence, incompetency, etc.; hearing thereon; reissuance of certificate.
§ 87‑11. Revocation oflicense; charges of fraud, negligence, incompetency, etc.; hearing thereon;reissuance of certificate.
(a) The Board shallhave the power to refuse to issue or renew or revoke, suspend, or restrict acertificate of license or to issue a reprimand or take other disciplinaryaction if a general contractor licensed under this Article is found guilty ofany fraud or deceit in obtaining a license, or gross negligence, incompetency,or misconduct in the practice of his or her profession, or willful violation ofany provision of this Article. The Board shall also have the power to revoke,suspend, or otherwise restrict the ability of any person to act as a qualifyingparty for a license to practice general contracting, as provided in G.S. 87‑10(c),for any copartnership, corporation or any other organization or combination, ifthat person committed any act in violation of the provisions of this sectionand the Board may take disciplinary action against the individual license heldby that person.
(a1) Any person mayprefer charges of fraud, deceit, negligence, or misconduct against any generalcontractor licensed under this Article. The charges shall be in writing andsworn to by the complainant and submitted to the Board. The charges, unless dismissedwithout hearing by the Board as unfounded or trivial, shall be heard anddetermined by the Board in accordance with the provisions of Chapter 150B ofthe General Statutes.
(b) The Board shalladopt and publish guidelines, consistent with the provisions of this Article,governing the suspension and revocation of licenses.
(c) The Board shallestablish and maintain a system whereby detailed records are kept regardingcomplaints against each licensee. This record shall include, for each licensee,the date and nature of each complaint, investigatory action taken by the Board,any findings by the Board, and the disposition of the matter.
(d) The Board mayreissue a license to any person, firm or corporation whose license has beenrevoked: Provided, five or more members of the Board vote in favor of suchreissuance for reasons the Board may deem sufficient.
The Board shall immediatelynotify the Secretary of State of its findings in the case of the revocation ofa license or of the reissuance of a revoked license.
A certificate of license toreplace any certificate lost, destroyed or mutilated may be issued subject tothe rules and regulations of the Board.
(e) The Board shall beentitled to recover its reasonable administrative costs associated with the investigationand prosecution of a violation of this Article or rules or regulations of theBoard up to a maximum of five thousand dollars ($5,000) for any licensee orqualifying party found to have committed any of the following:
(1) Fraud or deceit inobtaining a license.
(2) Gross negligence,incompetency, or misconduct in the practice of general contracting.
(3) Willful violation ofany provision of this Article. (1925, c. 318, s. 10; 1937, c. 429, s. 4; 1953, c.1041, s. 4; 1973, c. 1331, s. 3; 1979, c. 713, s. 3; 1987, c. 827, s. 1; 1991,c. 124, s. 2; 1999‑427, s. 2; 2005‑381, s. 4.)