21 NCAC 56 .1302             UNLAWFUL PRACTICE BY AN UNLICENSED PeRSON

(a)  General.  Alleged unlawful practice by an unlicensed person shall be subject to Board investigation and referral to an agency of the state for appropriate legal action.

(b)  Preferring Charges.  Any person who believes that any person or firm is in violation of the acts specified in G.S. 89C may prefer charges against that person or firm by setting forth in writing those charges and swearing to their authenticity. The charges shall be filed at the Board's office in Raleigh, North Carolina.

(c)  Preliminary or Threshold Determination:

(1)           Upon receipt of a properly filed charge, an investigation shall be initiated,

(2)           At the discretion of the executive director, a field investigation may be performed without notifying any of the parties involved,

(3)           After preliminary evidence has been obtained, the matter shall be referred to the Board's review committee which is made up of the following individuals:

(A)          one member of the Board;

(B)          the legal counsel of the Board; and

(C)          the Executive Director of the Board or Assistant Executive Director if designated by the Executive Director.

(4)           The review committee shall recommend to the Board whether there is probable cause to believe that a party against whom a charge has been brought in fact has violated the provisions of G.S. 89C.

(5)           Upon review of the available evidence, the review committee shall make a threshold determination of the charges brought.  The review committee shall then present to the Board written recommendations that:

(A)          The investigation be continued;

(B)          The charge be dismissed as unfounded or trivial; or

(C)          The matter be referred to an appropriate agency for necessary legal action.

(d)  Board Decision.  Notice of decision by the Board on recommendations of the review committee shall be given to the party submitting the charge.

 

History Note:        Authority G.S. 89C‑10; 89C‑23;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. August 1, 2011; August 1, 2000; August 1, 1998; May 1, 1994; April 1, 1989; January 1, 1982.