North Carolina SB 755: Prescription Drug Program.
Status: Ref To Com On Rules and Operations of the Senate (as of 2001-04-02)
State: North Carolina · Session: 2001 · Bill: SB 755
Subjects: BLANK BILL, PHARMACEUTICALS, PUBLIC, SEN. RAND
Sponsors: Albertson, Ballance, Carter, Clodfelter, Cunningham, Dalton, Dannelly, Garrou, Gulley, Hagan, Harris, Hoyle, Kerr, Kinnaird, Lee, Lucas, Martin of Guilford, Metcalf, Miller, B, Plyler, Purcell, Rand, Reeves, Robinson, Soles
Bill Text
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 755 Short Title: Gen. Contractor Lic'g Bd. Mods. (Public) Sponsors: Senator Jarvis (Primary Sponsor). Referred to: Rules and Operations of the Senate March 26, 2025 *S755-v-1* A BILL TO BE ENTITLED 1 AN ACT TO MODIFY THE DISCIPLINARY AUTHORITY OF THE NORTH CAROLINA 2 LICENSING BOARD FOR GENERAL CONTRACTORS, TO CLARIFY THE 3 COMPLAINT PROCESS, AND TO REQUIRE PAYMENT OF COURT AWARDS PRIOR 4 TO EXAMINATION ELIGIBILITY. 5 The General Assembly of North Carolina enacts: 6 SECTION 1.(a) G.S. 87-11 reads as rewritten: 7 "§ 87-11. Revocation of license; charges of fraud, negligence, incompetency, etc.; hearing 8 thereon; reissuance of certificate. Disciplinary action; complaints; hearings. 9 (a) The Board shall have the power to refuse to issue or renew or revoke, suspend, or 10 restrict a certificate of license or to issue a reprimand or take other disciplinary action if a general 11 contractor licensed under this Article is found guilty of any fraud or deceit in obtaining a license, 12 or gross negligence, incompetency, or misconduct in the practice of his or her profession, or 13 willful violation of any provision of this Article. The Board shall also have the power to revoke, 14 suspend, or otherwise restrict the ability of any person to act as a qualifying party for a license to 15 practice general contracting, as provided in G.S. 87-10(c), for any copartnership, corporation or 16 any other organization or combination, if that person committed any act in violation of the 17 provisions of this section and the Board may take disciplinary action against the individual 18 license held by that person. 19 (a1) Any person may prefer charges of fraud, deceit, negligence, or misconduct against 20 any general contractor licensed under this Article. The charges shall be in writing and sworn to 21 by the complainant and submitted to the Board. The charges, unless dismissed without hearing 22 by the Board as unfounded or trivial, shall be heard and determined by the Board in accordance 23 with the provisions of Chapter 150B of the General Statutes. 24 (b) The Board shall adopt and publish guidelines, consistent with the provisions of this 25 Article, governing the suspension and revocation of licenses. 26 (c) The Board shall establish and maintain a system whereby detailed records are kept 27 regarding complaints against each licensee. This record shall include, for each licensee, the date 28 and nature of each complaint, investigatory action taken by the Board, any findings by the Board, 29 and the disposition of the matter. 30 (d) The Board may reissue a license to any person, firm or corporation whose license has 31 been revoked: Provided, five or more members of the Board vote in favor of such reissuance for 32 reasons the Board may deem sufficient. 33 The Board shall immediately notify the Secretary of State of its findings in the case of the 34 revocation of a license or of the reissuance of a revoked license. 35 General Assembly Of North Carolina Session 2025 Page 2 Senate Bill 755-First Edition A certificate of license to replace any certificate lost, destroyed or mutilated may be issued 1 subject to the rules and regulations of the Board. 2 (e) The Board shall be entitled to recover its reasonable administrative costs associated 3 with the investigation and prosecution of a violation of this Article or rules or regulations of the 4 Board up to a maximum of five thousand dollars ($5,000) for any licensee or qualifying party 5 found to have committed any of the following: 6 (1) Fraud or deceit in obtaining a license. 7 (2) Gross negligence, incompetency, or misconduct in the practice of general 8 contracting. 9 (3) Willful violation of any provision of this Article. 10 (a) The Board shall have the power to refuse to issue or renew or revoke, suspend, or 11 restrict a certificate of license or to issue a reprimand or take other disciplinary action if a general 12 licensee, qualifier, or applicant does any of the following: 13 (1) Employs the use of fraud, deceit, or misrepresentation in obtaining or 14 attempting to obtain a license or the renewal of a license. 15 (2) Commits an act of gross negligence, incompetency, or misconduct in the 16 practice of general contracting. 17 (3) Willfully violates any provision of this Article, any rules adopted by the 18 Board, or any order of the Board. 19 (b) The Board shall also have the power to revoke, suspend, or otherwise restrict the 20 ability of any person to act as a qualifying party for a license to practice general contracting, as 21 provided in G.S. 87-10(c), for any copartnership, corporation or any other organization or 22 combination, if that person committed any act in violation of the provisions of this section. The 23 Board may also take disciplinary action against the individual license held by that person. 24 (c) The Board shall initiate an investigation upon receipt of information about any act
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