§ 93D-13. Discipline, suspension, revocation of licenses; records.
§ 93D‑13. Discipline,suspension, revocation of licenses; records.
(a) The Board may inits discretion administer the punishment of private reprimand, suspension oflicense for a fixed period or revocation of license as the case may warrant intheir judgment for any violation of the rules and regulations of the Board orfor any of the following causes:
(1) Repealed by SessionLaws 2007‑406, s. 5, effective August 21, 2007.
(2) Gross incompetence.
(3) Inability to performthe functions for which the person is licensed or substantial impairment of theperson's ability to perform the functions for which the person is licensed byreason of physical or mental disability.
(4) Commission of acriminal offense indicating professional unfitness.
(5) The use of a falsename or alias in his or her business.
(6) Conduct involvingwillful deceit.
(7) Conduct involvingfraud or any other business conduct involving moral turpitude.
(8) Advertising of acharacter or nature tending to deceive or mislead the public.
(9) Advertising declaredto be unethical by the Board or prohibited by the code of ethics established bythe Board.
(10) Permitting anotherperson to use his or her license.
(10a) Failure by a licenseeto properly supervise an apprentice under his or her supervision.
(11) For violating any ofthe provisions of this Chapter.
(b) Board action inrevoking or suspending a license shall be in accordance with Chapter 150B ofthe General Statutes. Any person whose license has been suspended for any ofthe grounds or reasons herein set forth, may, after the expiration of 90 daysbut within two years, apply to the Board to have the same reissued; upon ashowing satisfactory to the Board that reissuance will not endanger the publichealth and welfare, the Board may reissue a license to such person for a feeset by the Board, not to exceed two hundred dollars ($200.00). If applicationis made subsequent to two years from date of suspension, reissuance shall be inaccordance with the provisions of G.S. 93D‑8.
(c) Records, papers,and other documents containing information collected or compiled by or onbehalf of the Board as a result of an investigation, inquiry, or interviewconducted in connection with registration, licensure, or a disciplinary mattershall not be considered public records within the meaning of Chapter 132 of theGeneral Statutes. Any notice or statement of charges, notice of hearing, ordecision rendered by the Board in connection with a hearing is a public record.However, information that identifies a consumer who has not consented to thepublic disclosure of services rendered to the consumer by a person registeredor licensed under this Chapter shall be deleted from the public record. Allother records, papers, and documents containing information collected orcompiled by or on behalf of the Board shall be public records, provided thatany information that identifies a consumer who has not consented to the publicdisclosure of services rendered to the consumer is deleted. (1969, c. 999; 1973, c. 1331,s. 3; 1981, c. 601, s. 19; c. 990, s. 5; 1987, c. 827, s. 1; 1991, c. 592, s.7; 2007‑406, s. 5.)