North Carolina General Statutes 74D-10. Suspension or revocation of licenses and registrations; appeal
(a) The Board may, after notice and an opportunity for hearing, suspend or revoke a license or registration issued under this Chapter if it is determined that the licensee or registrant has:
(1) Made any false statement or given any false information in connection with any application for a license or registration, or for the renewal or reinstatement of a license or registration.
Terms Used In North Carolina General Statutes 74D-10
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Violated any provision of this Chapter.
(3) Violated any rule promulgated by the Board pursuant to the authority contained in this Chapter.
(4) Been convicted of any crime involving moral turpitude or any other crime involving violence or the illegal use, carrying, or possession of a dangerous weapon.
(5) Failed to correct business practices or procedures that have resulted in a prior reprimand by the Board.
(6) Impersonated or permitted or aided and abetted any other person to impersonate a law-enforcement officer of the United States, this State, or any of its political subdivisions.
(7) Engaged in or permitted any employee to engage in any alarm systems business when not lawfully in possession of a valid license issued under the provisions of this Chapter.
(8) Committed an unlawful breaking or entering, assault, battery, or kidnapping.
(9) Committed any other act which is a ground for the denial of an application for a license or registration under this Chapter.
(10) Failed to maintain the certificate of liability required by this Chapter.
(11) Any judgment of incompetency by a court having jurisdiction under Chapter 35A or former Chapter 35 of the N.C. Gen. Stat. or commitment to a mental health facility for treatment of mental illness, as defined in N.C. Gen. Stat. § 122C-3(21), by a court having jurisdiction under Article 5 of Chapter 122C of the N.C. Gen. Stat..
(12) Accepted payment in advance for services not performed within a reasonable time period.
(13) A lack of temperate habits or good moral character. The acts that are prima facie evidence of lack of temperate habits or good moral character under N.C. Gen. Stat. § 74D-6(3) are prima facie evidence of the same under this subdivision.
(14) Been previously denied a license or registration under this Chapter or previously had a license or registration revoked for cause.
(15) Engaged in the alarm systems profession under a name other than the name under which the license was obtained under the provisions of this Chapter.
(16) Advertised or solicited business using a name other than that in which a license was issued.
(17) Failed or refused to reasonably cooperate with the Board or its agents during an investigation of any complaint, allegation, suspicion of wrongdoing, or violation of this Chapter.
(18) Failed to properly make any disclosure or provide documents or information required by this Chapter or by the Board.
(19) Engaged in conduct that constitutes dereliction of duty or otherwise deceives, defrauds, or harms the public in the course of professional activities or services.
(20) Demonstrated a lack of financial responsibility.
(b) The revocation or suspension of license or registration by the Board as provided in subsection (a) shall be in writing, stating the grounds upon which the Board decision is based. The aggrieved person shall have the right to appeal from such decision as provided in Chapter 150B of the N.C. Gen. Stat.. (1983, c. 786, s. 1; 1985, c. 561, s. 9; 1987, c. 550, s. 21; c, 827; s. 1; 1989, c. 730, s. 7; 1991 (Reg. Sess., 1992), c. 953, s. 9; 2009-557, s. 6.)