§ 90A-64. Suspensions and revocations of certificates.
§ 90A‑64. Suspensionsand revocations of certificates.
(a) The Board shallhave the power to refuse to grant, or may suspend or revoke, any certificateissued under provisions of this Article for any of the causes hereafterenumerated, as determined by the Board:
(1) Fraud, deceit, orperjury in obtaining registration under the provisions of this Article;
(2) Inability topractice with reasonable skill and safety due to drunkenness or excessive useof alcohol, drugs, or chemicals;
(3) Unprofessionalconduct, including a material departure from or failure to conform to thestandards of acceptable and prevailing practice or the ethics of theprofession;
(4) Defrauding thepublic or attempting to do so;
(5) Failing to renewcertificate as required;
(6) Dishonesty;
(7) Incompetency;
(8) Inexcusable neglectof duty;
(9) Conviction in anycourt of a crime involving moral turpitude or conviction of a felony;
(10) Failing to adhere tothe Code of Ethics; or
(11) Failing to meetqualifications for renewal.
(a1) A registeredenvironmental health specialist or registered environmental health specialistintern who is convicted of a felony or a crime of moral turpitude shall reportthe conviction to the Board within 30 days from the date of the conviction. Afelony conviction shall result in the automatic suspension of a certificateissued by the Board for 60 days until further action is taken by the Board. TheBoard shall immediately begin the hearing process in accordance with Article 3Aof Chapter 150B of the General Statutes. Nothing in this section shall precludethe Board from taking further action.
(b) The procedure to befollowed by the Board when refusing to allow an applicant to take anexamination, or revoking or suspending a certificate issued under the provisionsof this Article, shall be in accordance with the provisions of Chapter 150B ofthe General Statutes of North Carolina.
(c) The Board mayconduct investigations for any complaints alleged or upon its own motion forany allegations or causes for disciplinary action under subsection (a) of thissection. The Board may subpoena individuals and records to determine if actionis necessary to enforce this Article.
(d) The Board and itsmembers, individually, or its staff shall not be held liable for any civil orcriminal proceeding when exercising in good faith its powers and dutiesauthorized under the provisions of this Article. (1959, c. 1271, s. 11; 1973,c. 1331, s. 3; 1981 (Reg. Sess., 1982), c. 1274, s. 2; 1987, c. 827, s. 1; 2009‑443,s. 13.)