North Carolina General Statutes 89F-5. Powers and duties of the Board
(a) The Board shall:
(1) Administer and enforce the provisions of this Chapter.
Terms Used In North Carolina General Statutes 89F-5
- Board: means the North Carolina Board for Licensing of Soil Scientists. See North Carolina General Statutes 89F-3
- Contract: A legal written agreement that becomes binding when signed.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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
- seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
- Soil: includes the solid materials, waters, gases, and other biological, chemical, and contaminant materials in the soil environment. See North Carolina General Statutes 89F-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) Elect from its membership a Chair, a Vice-Chair, and a Secretary-Treasurer.
(3) Examine and pass on the qualifications of all applicants for licensing under this Chapter and issue a license to each successful applicant.
(4) Hold at least two regular meetings each year.
(5) Establish and receive fees as required by this Chapter. In establishing fees, the Board may provide for reduced fees or an exemption from fees for persons licensed under this Chapter who practice soil science for less than 15 days per calendar year.
(6) Adopt rules that establish standards or approve reasonable standards for licensing and renewal of licenses of soil scientists, including adopting examination materials and accreditation standards of any recognized accrediting agency.
(7) Establish reasonable standards for continuing professional education for soil scientists. No examination shall be required for a renewal of a license.
(8) Submit two nominees to the appropriate appointing authority for each position to be filled on the Board.
(9) Have any other powers and duties as are necessary to implement the provisions of this Chapter and adopt any rules needed to implement this Chapter.
(b) The Board may adopt a seal that may be affixed to all licenses issued by the Board.
(c) The Secretary-Treasurer shall deposit funds received by the Board, except for the clear proceeds of civil penalties assessed pursuant to N.C. Gen. Stat. § 89F-20(b), in one or more funds in banks or other financial institutions carrying deposit insurance and authorized to do business in the State. Interest earned on funds may remain in the account and may be expended as authorized by the Board to carry out the provisions of this Chapter. The Board may authorize expenditures deemed necessary to carry out the provisions of this Chapter, and all expenses shall be paid upon the warrant of the Secretary-Treasurer. During any fiscal year, expenditures shall not exceed the revenues of the Board.
The clear proceeds of civil penalties shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with N.C. Gen. Stat. § 115C-457.2
(d) The Board may employ the necessary personnel for the performance of its functions and shall fix their compensation within the limits of funds available to the Board. The Board may procure personal property in accordance with the provisions of Article 3 of Chapter 143 of the N.C. Gen. Stat.. The Board shall: (i) submit all proposed contracts for supplies, materials, printing, equipment, and contractual services that exceed one million dollars ($1,000,000) authorized by this subsection to the Attorney General or the Attorney General’s designee for review as provided in N.C. Gen. Stat. § 114-8.3; and (ii) include in all contracts to be awarded by the Board under this subsection a standard clause which provides that the State Auditor and internal auditors of the Board may audit the records of the contractor during and after the term of the contract to verify accounts and data affecting fees and performance. The Board shall not award a cost plus percentage of cost agreement or contract for any purpose.
(e) The Board may adopt rules in accordance with Chapter 150B of the N.C. Gen. Stat. and shall administer this Chapter in accordance with Chapter 150B of the N.C. Gen. Stat.. (1995, c. 414, s. 1; 1998-215, s. 135; 2010-194, s. 14; 2011-326, s. 15(n).)