10A NCAC 15 .0212         MODIFICATIONS: REVOCATION: TERMINATION OF REGISTRANTS

(a)  The terms and conditions of all registrations are subject to amendment, revision or modification and all registrations are subject to suspension or revocation by reason of:

(1)           rules adopted pursuant to provisions of the Act; or

(2)           orders issued by the agency pursuant to provisions of the Act and rules adopted pursuant to provisions of the Act.

(b)  Any registration may be revoked, suspended or modified in whole or in part:

(1)           for any material false statement in the application or in any statement of fact required by provisions of this Section;

(2)           because of conditions which would warrant the agency to refuse to grant a registration on original application revealed by:

(A)          the application;

(B)          any statement of fact;

(C)          any report, record, inspection or other means; or

(3)           for violations of, or failure to observe any of the terms and conditions of the Act, the registration, the rules of this Chapter, or order of the agency.

(c)  Except in cases of willfulness or those in which the public health, interest or safety requires otherwise, prior to the institution of proceedings for modification, revocation or suspension of a registrant, the agency shall:

(1)           call to the attention of the registrant in writing the facts or conduct which may warrant these actions, and

(2)           provide an opportunity for the registrant to demonstrate or achieve compliance with all lawful requirements.

(d)  Before any order is entered suspending, revoking or modifying a registration, the agency shall give notice and grant a hearing as provided in Chapter 150B of the North Carolina General Statutes.

(e)  The agency may terminate a registration upon written request submitted by the registrant to the agency.

History Note:        Authority G.S. 104E‑7; 104E‑13;

Eff. June 1, 1989;

Amended Eff. June 1, 1993;

Transferred and Recodified from 15A NCAC 11 .0212 Eff. February 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 22, 2019.