GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 30

Short Title:  Contractor Board Authority.	(Public)
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Sponsors: Senators Speed, Odom, and Shaw.
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Referred to:  State Personnel and State Government.
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February 6, 1991

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE DISCIPLINARY AUTHORITY OF THE GENERAL CONTRACTORS LICENSING BOARD, AND TO PROVIDE THAT A PERSON WHO PREFERS CHARGES AGAINST A LICENSEE IS AN AGGRIEVED PARTY UNDER CHAPTER 150B.
The General Assembly of North Carolina enacts:
Section 1.    G.S. 87-11(a) reads as rewritten:
	"(a) The Board shall have the power to revoke and suspend the certificate of license of any general contractor licensed hereunder and invoke other disciplinary measures, reprimand, and probationary terms, or any combination thereof, against a licensee who has committed fraud or deceit in obtaining a license, or gross negligence, incompetency or misconduct in the practice of his profession, or willful violation of any provisions of this Article. Any person may prefer charges of such fraud, deceit, negligence or misconduct against any general contractor licensed hereunder; such charges shall be in writing and sworn to by the complainant and submitted to the Board. Such charges, unless dismissed without hearing by the Board as unfounded or trivial, shall be heard and determined by the Board in accordance with the provisions of Chapter 150B of the General Statutes.  After a hearing, and upon a finding that a licensee has engaged in conduct which justifies disciplinary action under this section, the Board may suspend the imposition, in whole or in part, of any lawful sanction, and may condition the suspension upon correction by the licensee of any work deficiencies resulting from the conduct that gave rise to disciplinary action. A person who prefers charges against a general contractor in accordance with this section is a ‘person aggrieved' within the meaning of Chapter 150B of the General Statutes."
Sec. 2. G.S. 143-151.17(c) reads as rewritten:
"(c)	A denial, suspension, or revocation of a certificate issued under this Article shall be made in accordance with Chapter 150B of the General Statutes. A person making a verified complaint in accordance with this section is a ‘person aggrieved' within the meaning of Chapter 150B of the General Statutes."
Sec. 3. This act is effective upon ratification and applies to verified complaints submitted and charges preferred on or after that date.