section .0700 – BOARD DISCIPLINARY PROCEDURES

21 NCAC 12a .0701         IMPROPER PRACTICE

(a)  Complaint. Any person who believes that a licensed general contractor is in violation of the provisions of G.S. 87-11 may file a complaint with the Board against a licensee, qualifier, or both by setting forth in writing those charges and swearing to their authenticity. The complaint shall be submitted to the Board and include the complainant's contact information, project location, and name of the licensee, qualifier, or both.

(b)  Preliminary or Threshold Determination:

(1)           A complaint filed in accordance with G.S. 87-11(a1) shall be forwarded to a staff investigator for investigation. Within 30 days, the Board shall forward a written notice of the complaint to the licensee and qualifier(s) against whom the charge is made. The notice shall request a response from the licensee and qualifier(s). The Board shall send notice of the charge and of the alleged facts or alleged conduct by first class mail to the last known address and by email to the address of the licensee and qualifier(s).

(2)           After the investigation is complete, the charge shall be referred to the review committee. The review committee shall consist of the following individuals:

(A)          one member of the Board;

(B)          the Secretary-Treasurer or his designee; and

(C)          a staff person agreed upon by the individuals listed above.

(3)           Based upon the complaint and investigation, the review committee shall recommend to the Board that:

(A)          The charge be dismissed;

(B)          When the charge is admitted as true by the licensee and qualifier(s), the Board accept the licensee's and qualifier(s') admission of guilt and order the licensee and qualifier(s) not to commit in the future the act or acts admitted by him to have been violated and not to violate any of the acts of misconduct specified in G.S. 87-11 at any time in the future; or

(C)          The charge, whether admitted or denied, be presented to the full Board for a hearing and determination by the Board on the merits of the charge in accordance with the substantive and procedural requirements of the provisions of Section .0800 of this Chapter and the provisions of G.S. 87-11. Prior to the charge's being heard and determined by the Board, it may be resolved by consent order.

History Note:        Authority G.S. 87-4; 87-11; 150B-3; 150B-38;

Eff. February 1, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. April 1, 2014; June 1, 2011; April 1, 2006; April 1, 2003; May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016;

Amended Eff. April 1, 2018;

Recodified from 21 NCAC 12 .0701 Eff. January 2, 2020.