North Carolina General Statutes 89F-20. Disciplinary procedures
(a) The Board may, consistent with the provisions of Chapter 150B of the N.C. Gen. Stat., refuse to grant or to renew, suspend, or revoke the license of any person licensed under this Chapter who:
(1) Violates the provisions of this Chapter or a rule adopted by the Board.
Terms Used In North Carolina General Statutes 89F-20
- Board: means the North Carolina Board for Licensing of Soil Scientists. See North Carolina General Statutes 89F-3
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Fraud: Intentional deception resulting in injury to another.
- License: means a certificate issued by the Board to an individual who meets the requirements established for a licensed soil scientist by this Chapter and rules adopted pursuant to this Chapter. See North Carolina General Statutes 89F-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- 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
(2) Has been convicted of a misdemeanor under this Chapter.
(3) Has been convicted of a felony.
(4) Has been found by the Board to have engaged in unprofessional conduct, dishonest practice, incompetence, fraud or deceit in obtaining a license, or who aids another person who obtains or attempts to obtain a license by fraud or deceit.
(b) In lieu of revoking a license, the Board may enter a probationary order and assess a civil penalty not to exceed one thousand dollars ($1,000). In determining the amount of a penalty under this section, the Board shall consider the following factors:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation.
(2) The duration and gravity of the violation.
(3) The effect on water quality.
(4) The cost of rectifying the damage.
(5) The cost to the State of enforcement procedures.
(6) The prior record of the violator in complying or failing to comply with this Chapter or a rule adopted pursuant to this Chapter. (1995, c. 414, s. 1; 2018-142, s. 12(a).)