§ 89G-4. The North Carolina Irrigation Contractors' Licensing Board.
§ 89G‑4. The NorthCarolina Irrigation Contractors' Licensing Board.
(a) Composition andTerms. The North Carolina Irrigation Contractors' Licensing Board is created.The Board shall consist of nine members who shall serve staggered terms. Theinitial Board shall be selected on or before October 1, 2008, as follows:
(1) The Commissioner ofAgriculture, upon the recommendation of the Carolinas Irrigation Association,shall appoint two irrigation contractors, one to serve a one‑year termand one to serve a three‑year term.
(2) The GeneralAssembly, upon the recommendation of the Speaker of the House ofRepresentatives and pursuant to recommendations from the North Carolina GreenIndustry Council, shall appoint two members, one who is a registered landscape contractorin good standing with the North Carolina Landscape Contractors RegistrationBoard to serve a one‑year term and one who is an irrigation contractor toserve a three‑year term.
(3) The GeneralAssembly, upon the recommendation of the President Pro Tempore of the Senate,shall appoint two irrigation contractors, one to serve a one‑year termand one to serve a two‑year term.
(4) The President of TheUniversity of North Carolina System shall appoint one member from within theranks of the land grant university community who is knowledgeable in irrigationmethods and practices to serve a three‑year term. The position is open toboth current employees of The University of North Carolina System and personswho have earned emeritus status with The University of North Carolina System.
(5) The Board ofDirectors of the North Carolina Chapter of the American Society of LandscapeArchitects shall appoint one member who is a registered landscape architect toserve a two‑year term.
(6) The Governor shallappoint one public member to serve a two‑year term.
Upon the expiration of theterms of the initial Board members, each member shall be appointed by theappointing authorities designated in subdivisions (1) through (6) of thissubsection for a three‑year term and shall serve until a successor isappointed and qualified. No member may serve more than two consecutive fullterms.
(b) Qualifications. Membersof the Board shall be residents of this State. The irrigation contractormembers shall meet the requirements for licensure under this Chapter and remainin good standing with the Board during their terms. The public member of theBoard shall not be: (i) trained or experienced in irrigation construction orcontracting; (ii) an agent or employee of a person engaged in the practice ofirrigation construction or contracting; or (iii) the spouse of an individualwho may not serve as a public member of the Board.
(c) Vacancies. Anyvacancy on the Board created by death, resignation, or otherwise shall befilled in the same manner as the original appointment, except that allunexpired terms of Board members appointed by the General Assembly shall befilled in accordance with G.S. 120‑122. Appointees to fill vacanciesshall serve the remainder of the unexpired term and until their successors areappointed and qualified.
(d) Removal. TheBoard may remove any of its members for neglect of duty, incompetence, orunprofessional conduct. A member subject to disciplinary proceedings in themember's capacity as a licensed irrigation contractor shall be disqualifiedfrom participating in the official business of the Board until the charges havebeen resolved.
(e) Officers andMeetings. The Board shall elect annually a chair and other officers as itdeems necessary to carry out the purposes of this Chapter and shall holdmeetings at least twice a year. A majority of the Board shall constitute aquorum.
(f) Compensation. Eachmember of the Board may receive per diem and reimbursement for travel andsubsistence as set forth in G.S. 93B‑5.
(g) Assistance. TheBoard shall be entitled to the services of the Attorney General in connectionwith the affairs of the Board or may, in its discretion, employ an attorney toassist or represent it in the enforcement of this Chapter. (2008‑177, s. 1.)