15A NCAC 08G .0802 DISCIPLINARY ACTIONS
(a) The Commission shall revoke or suspend the certification of an operator or issue a letter of reprimand to an operator in accordance with the provisions of G.S. 90A-41, 150B-3 and this Rule.
(b) The Chairman of the Commission may issue notification of summary suspension, the intention to revoke or suspend the certification of an operator or the intent to issue a letter of reprimand.
(c) The Chairman shall convene an advisory committee to review the circumstances of the proposed disciplinary action(s).
(1) The advisory committee shall include at least:
(A) the Chairman of the Commission;
(B) the Vice Chairman of the Commission;
(C) the member of the Commission who represents the type of system at which the operator is employed or another member of the Commission appointed by the Chairman of the Commission; and
(D) a certified operator appointed by the Chairman.
(2) The members of the advisory committee shall offer guidance to the Commission chairman in regards to the actions that should be taken against an operator.
(d) Notification of the advisory committee meeting shall be sent by certified mail at least 15 calendar days prior to the date of the meeting, to the last known address of the operator. This notification shall contain the alleged facts or conduct upon which the proposed revocation or suspension of the certification or letter of reprimand is based.
(e) The operator shall have an opportunity to submit a written response to the Chairman prior to the date of the advisory committee meeting. The operator shall also be given the opportunity to make an oral statement before the advisory committee.
(f) Within 10 working days of the conclusion of the advisory committee meeting, the Chairman shall issue a decision. If this decision is to issue a revocation or suspension or a letter of reprimand, the Chairman shall advise the operator of the effective date of the action and the facts or conduct upon which the action is based. The revocation or suspension of a certification or the letter of reprimand shall be delivered to the affected operator and the owner of the system(s) at which the operator works by certified mail, at the last known address for the operator and owner on file with the Commission, at least 20 calendar days prior to the effective date of the revocation or suspension or letter of reprimand.
(g) The revocation, suspension or letter of reprimand becomes a final Commission action if the operator does not file a petition for a contested case hearing in the Office of Administrative Hearings as provided in the Administrative Procedure Act, G.S. 150B.
(h) If an applicant is caught cheating on an examination by a proctor of the examination, the applicant shall be excused from the examination, the examination shall not be graded, the fee for the examination shall be forfeited by the applicant and any other certification(s) held by the applicant with the Commission shall be subject to revocation as set forth in G.S. 90A-41 and in this Rule.
(i) If the Commission determines, after the examination has been graded, that an applicant cheated on an examination and certification has been conveyed to the applicant, the certification obtained through the examination shall be revoked and any other certification(s) held by the applicant with the Commission shall be subject to revocation as set forth in G.S. 90A-41 and in this Rule.
History Note: Authority G.S. 90A-40; 90A-41; 143B-300; 150B-23;
Eff. April 1, 1999;
Amended Eff. December 1, 2006;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.