§ 89E-19. Disciplinary procedures.
§ 89E‑19. Disciplinaryprocedures.
(a) The Board,consistent with the provisions of Article 3A of Chapter 150B of the GeneralStatutes, may refuse to grant a license to any applicant who does not meet thequalifications required by this Chapter, the Board's code of professionalconduct, or the Board's rules, or to any corporate registrant that does notmeet such qualifications and the requirements of Chapter 55B of the GeneralStatutes. The Board, consistent with the provisions of Article 3A of Chapter 150Bof the General Statutes, may refuse to renew, suspend, or revoke a license orcertificate of registration if a licensee or corporate registrant:
(1) Violates theprovisions of this Chapter, the Board's code of professional conduct, theBoard's rules, or an order issued by the Board.
(2) Has been convictedof a misdemeanor under G.S. 89E‑22.
(3) Has been convictedof a felony.
(4) Engages in grossunprofessional conduct, dishonest practice, or professional incompetence.
(5) Commits fraud ordeceit in obtaining a license or certificate of registration or in assistinganother person in obtaining a license or certificate of registration.
(b) If the Board findsthat a licensee is professionally incompetent, the Board may require thelicensee to take an oral or written examination or to meet other requirementsto demonstrate the licensee's fitness to practice geology, and the Board maysuspend the licensee's license until he or she establishes professionalcompetence to the satisfaction of the Board.
(c) In addition to theauthority granted in subsections (a) and (b) of this section, the Board maylevy a civil penalty not in excess of five thousand dollars ($5,000) for anylicensee or corporate registrant who violates the provisions of this Chapter,the Board's code of professional conduct, the Board's rules, or any orderissued by the Board. All civil penalties collected by the Board shall beremitted to the school fund of the county in which the violation occurred.Before assessing a civil penalty, the Board shall consider the following:
(1) The nature, gravity,and persistence of the violation.
(2) The appropriatenessof the imposition of a civil penalty when considered alone or in combinationwith other action taken by the Board.
(3) Whether theviolation was willful.
(4) Any other factorsthat tend to mitigate or aggravate the violation.
(d) The Board may bringa civil action in the superior court of the county in which the violationoccurred to recover a civil penalty if a licensee or corporate registrant does oneof the following:
(1) Fails to request ahearing on the imposition of a civil penalty and fails to pay the civil penaltywithin 30 days after being notified that a civil penalty has been imposed.
(2) Requests andreceives a hearing on the imposition of a civil penalty but fails to pay thecivil penalty within 30 days after service of a written copy of the Board'sdecision. (1983 (Reg. Sess., 1984), c. 1074, s. 1; 1987, c. 827,s. 1; 1999‑355, s. 2.)