GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
H 3
HOUSE BILL 938
Committee Substitute Favorable 5/8/24
Committee Substitute #2 Favorable 6/5/24
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Short Title: GSC Moral Turpitude/Occupational Licensure. |
(Public) |
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Sponsors: |
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Referred to: |
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May 1, 2024
A BILL TO BE ENTITLED
AN ACT to clarify the prohibition on denying licensure based on a determination that a conviction is for a crime of moral turpitude, to make corresponding changes to occupational and state agency licensure statutes, and to make other technical corrections, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 93B‑8.1 reads as rewritten:
"§ 93B‑8.1. Use of criminal history records.
(a) The following definitions apply in this section:
(1) Applicant. An individual who makes application for licensure from a board.
(2) Board. An occupational licensing board or a State agency licensing board as defined in G.S. 93B‑1.
(3) Criminal history record.
A State or federal history of conviction of a crime, whether a misdemeanor or
felony, that bears upon an applicant's or a licensee's fitness to be licensed
or disciplined.felony.
(3a) Deny licensure or denies licensure. To refuse to issue a license to an applicant, to refuse to renew the license of a licensee, or to revoke the license of a licensee.
(4) Licensee. An individual who has obtained a license to engage in or represent himself or herself to be a member of a particular profession or occupation.
(b) Unless federal law governing
a particular board provides otherwise, a board may deny an applicant licensure
on the basis of a conviction of a crime only if the board finds that the applicant's
criminal conviction history is directly related to the duties and
responsibilities for the licensed occupation or the conviction is for a crime
that is violent or sexual in nature. Notwithstanding any other provision of
law, a board shall not automatically deny licensure on the basis of an
applicant's or licensee's criminal history, history record, and
no board shall deny an applicant a license licensure based on a
determination that a conviction is for a crime of moral turpitude. The board
shall make its determination based on the factors specified in subsection (b1)
of this section.
(b1) Before a board may deny an
applicant a license licensure due to a criminal conviction under
subsection (b) of this section, the board shall specifically consider all of
the following factors:
(1) The level and seriousness of the crime.
(2) The date of the crime.
(3) The individual's age
of the individual at the time of the crime.
(4) The circumstances surrounding the commission of the crime, if known.
(5) The nexus between the
criminal conduct and the prospective duties of the applicant as a
licensee.
(6) The individual's prison,
jail, probation, parole, rehabilitation, and employment records of the
applicant since the date the crime was committed.
(6a) The individual's completion of, or active participation in, rehabilitative drug or alcohol treatment.
(6b) A Certificate of Relief granted pursuant to G.S. 15A‑173.2.
(7) The subsequent
commission of a crime by the applicant.individual's criminal history
record after the conviction.
(8) Any affidavits or other written documents, including character references.
(b2) If the board denies an
applicant a license licensure under this section, the board shall do
all of the following:
(1) Make written findings
specifying the factors in subsection (b1) of this section the board deemed
relevant to the applicant and explaining the reason for the denial. The
board's presiding officer shall sign the findings.
(2) Provide or serve a signed copy of the written findings to the applicant or licensee within 60 days of the denial.
(3) Retain a signed copy of the written findings for no less than five years.
(b3) Each board shall include in its application for licensure and on its public website all of the following information:
(1) Whether the board requires applicants to consent to a criminal history record check.
(2) The factors considered by
the board under subsection (b1) of this section when making a determination of
regarding licensure.
(3) The appeals process
pursuant to Chapter 150B of the General Statutes if the board denies an
applicant licensure in whole or in part because of a criminal conviction.
(b4) If a board requires an
applicant to submit a criminal history record, the board shall require the
provider of the criminal history record to provide the applicant with access to
the applicant's criminal history record or otherwise deliver a copy of the
criminal history record to the applicant. If an applicant's criminal history
includes matters that will or may prevent the board from issuing a license to
the applicant, the board shall notify the applicant in writing of the specific
issues in sufficient time for the applicant to provide additional documentation
supporting the application for consideration by the board prior to any final
decision to deny the application. After being notified of any potential issue
with licensure due to one or more criminal convictions, an applicant shall
have has 30 days to respond by either correcting any inaccuracy in
the criminal history record or submitting evidence of mitigation or
rehabilitation for consideration by the board.
(b5) If, following a hearing, a board denies an application for licensure, the board's written order shall include specific reference to any criminal conviction considered as part or all of any basis for the denial and the rationale for the denial, as well as a reference to the appeal process and the applicant's ability to reapply. No applicant shall be restricted from reapplying for licensure for more than two years from the date of the most recent application.
(b6) Notwithstanding any other
provisions in the law, an individual with a criminal history may petition a
board at any time, including before the individual starts or completes any
mandatory education or training requirements, for a predetermination of whether
the individual's criminal history will likely disqualify the individual from
obtaining a license. This petition shall include a criminal history record report
obtained by the individual petitioner from a reporting
service designated by the board, the cost of which shall be borne by the applicant.
petitioner. Criminal history records relating to a predetermination
petition are not public records under Chapter 132 of the General Statutes. A
board may predetermine that the petitioner's criminal history is likely grounds
for denial of a license only after the board has applied the requirements of
subsection (b) of this section. Each board shall delegate authority for the predetermination
to its executive director or equivalent officer, or to a committee of the
board, so that the predeterminations can be made in a timely manner. No board
member having served on a predetermination committee for an individual a
petitioner shall be required to recuse in any later determinations or
hearings involving the same applicant. individual as an applicant or
licensee. The board shall inform the individual petitioner of
the board's determination within 45 days of receiving the petition from the
individual. The board may charge a fee to recoup its costs not to exceed forty‑five
dollars ($45.00) for each petition. If the board determines an applicant a
petitioner would likely be denied licensure based on the individual's petitioner's
criminal history, the board shall notify the individual petitioner
in writing of the following:
(1) The grounds and reasons for the predetermination.
(2) That the petitioner has the right to complete any requirements for licensure, to apply to the board, and to have the petitioner's application considered by the board under its application process.
(3) That further evidence of rehabilitation will be considered upon application.
(b7) A predetermination made under subsection (b6) of this section that a petitioner's criminal history would likely prevent licensure is not a final agency decision and does not entitle the individual to any right to judicial review under Article 4 of Chapter 150B of the General Statutes.
(b8) A predetermination made under subsection (b6) of this section that a petitioner is eligible for a license is binding if both of the following apply:
(1) The petitioner applies
for licensure and fulfills all other requirements for the occupational license.
(2) The applicant's petitioner's
submitted criminal history was correct and remains unchanged at the time of
application for a license.
(c) If a board requires an applicant to consent to a criminal history record check or use of fingerprints or other identifying information required by the State or National Repositories of Criminal Histories, the board may deny licensure to an applicant who refuses to consent.
(c1) Nothing in this section or in G.S. 93B‑1 authorizes a board to require an applicant to consent to a criminal history record check or use of fingerprints or other identifying information required by the State or National Repositories of Criminal Histories as a condition of granting or renewing a license.
(d) This section does not apply to The North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education and Training Standards Commission."
SECTION 2.(a) G.S. 20‑79.2 reads as rewritten:
"§ 20‑79.2. Transporter plates.
(1) The individual driving the motor vehicle is responsible for an infraction and is subject to a penalty of one hundred dollars ($100.00).
(2) The dealer or business to whom the plate is issued is subject to a civil penalty imposed by the Division of two hundred fifty dollars ($250.00) per occurrence.
(3) The Division may rescind all dealer license plates, dealer transporter plates, or transporter plates issued to the dealer or business whose plate was displayed on the motor vehicle.
(4) A person who sells,
rents, leases, or otherwise provides a transporter plate to another person in
exchange for the money or any other thing of value is guilty of a Class I
felony. A conviction for a violation of this subdivision is considered a
felony involving moral turpitude for purposes of G.S. 20‑294.
A penalty imposed under subdivision (1) of this subsection is payable to the county where the infraction occurred, as required by G.S. 14‑3.1. A civil penalty imposed under subdivision (2) of this subsection shall be credited to the Highway Fund as nontax revenue. A law enforcement officer having probable cause to believe that a transporter plate is being used in violation of this section may seize the plate.
."
SECTION 2.(b) G.S. 20‑294 reads as rewritten:
"§ 20‑294. Grounds for denying, suspending, placing on probation, or revoking licenses.
In accordance with G.S. 20‑295
and G.S. 20‑296, G.S. 20‑295, 20‑296, and
93B‑8.1, the Division may deny, suspend, place on probation, or
revoke a license issued under this Article for any one or more of the following
grounds:
."
SECTION 3.(a) G.S. 53‑244.050 reads as rewritten:
"§ 53‑244.050. License and registration application; claim of exemption.
(a) Applicants for a license or registration shall apply through the Nationwide Mortgage Licensing System and Registry on a form acceptable to the Commissioner, including the following information:
a. A description of any
injunction or administrative order by any state or federal authority to which
the person is or has been subject;subject.
b. Any conviction, within
the past 10 years, of a misdemeanor involving moral turpitude or any
fraud, false statement or omission, any theft or wrongful taking of property,
bribery, perjury, forgery, counterfeiting, extortion, or conspiracy to commit
any of these offenses, or involving any financial service or financial service‑
related business; andbusiness.
c. Any felony convictions.
."
SECTION 3.(b) G.S. 53‑244.060 reads as rewritten:
"§ 53‑244.060. Issuance of license or registration.
If an applicant satisfies the requirements of G.S. 53‑244.050, the Commissioner shall issue a mortgage lender, mortgage broker, mortgage servicer, mortgage loan originator, or transitional mortgage loan originator license, or a mortgage origination support registrant registration, unless the Commissioner finds any of the following:
a. During the seven‑year
period preceding the date of the application for licensing and registration;
orregistration.
b. At any time preceding the date of application, if the felony involved an act of fraud, dishonesty, a breach of trust, or money laundering.
A pardon of
a conviction shall not be is not a conviction for purposes of
this subdivision.
."
SECTION 4.(a) G.S. 58‑33‑46 reads as rewritten:
"§ 58‑33‑46. Suspension, probation, revocation, or nonrenewal of licenses.
."
SECTION 4.(b) G.S. 58‑58‑215 reads as rewritten:
"§ 58‑58‑215. License revocation and denial.
."
SECTION 4.(c) G.S. 58‑71‑80 reads as rewritten:
"§ 58‑71‑80. Grounds for denial, suspension, probation, revocation, or nonrenewal of licenses.
(6) Conviction of a crime
involving dishonesty, breach of trust, or moral turpitude.dishonesty
or breach of trust.
."
SECTION 4.(d) G.S. 143‑151.56 reads as rewritten:
"§ 143‑151.56. Suspension, revocation, and refusal to renew license.
(a) The Board may deny or refuse to issue or renew a license, may suspend or revoke a license, or may impose probationary conditions on a license if the license holder or applicant for licensure has engaged in any of the following conduct:
(5) Been Subject to G.S. 93B‑8.1,
been convicted of or pled guilty or nolo contendere to any misdemeanor
involving moral turpitude or to any felony.a felony or misdemeanor.
."
SECTION 5.(a) G.S. 66‑234 reads as rewritten:
"§ 66‑234. Registration of membership camping operator.
(a) The application for registration shall be on a form prescribed by the Secretary of State and shall include the following:
."
SECTION 5.(b) G.S. 66‑237 reads as rewritten:
"§ 66‑237. Registration of salespersons.
(1) A statement detailing whether the applicant within
the past five years has been convicted of any misdemeanor or felony involving
theft, fraud, dishonesty, or moral turpitude, or dishonesty, or
whether the applicant has been enjoined from, had any civil penalty assessed
for, or been found to have engaged in any violation of any law designed to
protect consumers, andconsumers.
(2) A statement describing the applicant's employment history for the past five years and whether any termination of employment during the last five years was occasioned by any theft, fraud, or act of dishonesty.
."
SECTION 5.(c) G.S. 78C‑89 reads as rewritten:
"§ 78C‑89. Registration as athlete agent; form; requirements.
(a) An individual seeking registration as an athlete agent shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. The application must be in the name of an individual and, except as otherwise provided in subsection (b) of this section, signed or otherwise authenticated by the applicant under penalty of perjury and must state or contain the following:
(8) Whether
the applicant or any
person named under subdivision (7) of this subsection has been convicted of a crime that, if committed in
this State, would be a crime involving moral turpitude or a felony and identify
the crime.a misdemeanor involving theft, fraud, or dishonesty, or a
felony.
."
SECTION 5.(d) G.S. 78C‑90 reads as rewritten:
"§ 78C‑90. Certificate of registration; issuance or denial; renewal.
(b) The Secretary of State
may refuse to issue a certificate of registration if the Secretary of State
determines that the applicant has engaged in conduct that has a significant
adverse effect on the applicant's fitness to act as an athlete agent. In making
the determination, the Secretary of State may consider whether the applicant has:has
done any of the following:
(1) Been convicted of a crime that, if committed
in this State, would be a crime involving moral turpitude or a felony.Subject
to G.S. 93B‑8.1, been convicted of a misdemeanor involving theft,
fraud, or dishonesty, or a felony.
."
SECTION 6.(a) G.S. 74D‑2 reads as rewritten:
"§ 74D‑2. License requirements.
(d) Criminal Record Check. An applicant must meet all of the following requirements and qualifications determined by a background investigation conducted by the Board in accordance with G.S. 74D‑2.1 and upon receipt of an application:
(1) The applicant is at least 18 years of age.
(3) The applicant has the
necessary training, qualifications qualifications, and experience
to be licensed.
."
SECTION 6.(b) G.S. 74D‑6 reads as rewritten:
"§ 74D‑6. Denial of a license or registration.
(2) Conviction of a crime
involving fraud;fraud.
(3) Lack
of good moral character or temperate habits. The following shall be is
prima facie evidence that the applicant does not have good moral character
or temperate habits: conviction by any local, State, federal, or military court
of any crime involving the illegal use, carrying, or possession of a firearm;
conviction of any crime involving the illegal use, possession, sale,
manufacture, distribution, or transportation of a controlled substance, drug,
narcotic, or alcoholic beverages; conviction of a crime involving felonious
assault or an act of violence; conviction of a crime involving unlawful
breaking or entering, burglary or larceny or of any offense involving moral
turpitude; burglary, or larceny; or a history of addiction to
alcohol or a narcotic drug; provided that, for drug. For purposes
of this subsection subdivision, "conviction" means and
includes the entry of a plea of guilty, plea of no contest, or a guilty verdict rendered in open court by a judge or jury;jury.
(4) Previous denial under this Chapter or previous
revocation for cause;cause.
(5) Knowingly making any false statement or misrepresentation in an application made to the Board for a license or registration."
SECTION 6.(c) G.S. 74D‑10 reads as rewritten:
"§ 74D‑10. Suspension or revocation of licenses and registrations; appeal.
."
SECTION 7. G.S. 83A‑15 reads as rewritten:
"§ 83A‑15.
Denial, suspension suspension, or revocation of license.
(a) The Board shall have the power to suspend or
revoke may suspend, revoke, or deny a license or certificate of
registration of an architect or a registration of an interior designer, to
deny a license or certificate of registration of an architect or a registration
of an interior designer, designer or to may reprimand
or levy a civil penalty not in excess of five hundred dollars ($500.00) per
violation against any registrant who is found guilty of:of any of the
following:
(3) Unprofessional conduct, including but not limited to:
d. Willfully violating this Chapter or any rule or
standard of conduct published by the Board, or pleading guilty or nolo
contendere to a felony or any crime involving moral turpitude.Board.
."
SECTION 8.(a) G.S. 85B‑3.2 reads as rewritten:
"§ 85B‑3.2. Criminal history record checks of applicants for licensure.
(1) The level and seriousness of the crime.
(2) The date of the crime.
(3) The age of the person at the time of the crime.
(4) The circumstances surrounding the commission of
the crime, if known.
(5) The nexus between the criminal conduct of the applicant
and the applicant's duties as an auctioneer, apprentice auctioneer, or auction
firm.
(6) The prison, jail, probation, parole,
rehabilitation, and employment records of the applicant since the date the
crime was committed.
(7) The subsequent commission by the person of a
crime.
."
SECTION 8.(b) G.S. 85B‑4 reads as rewritten:
"§ 85B‑4. Licenses required.
."
SECTION 8.(c) G.S. 85B‑8 reads as rewritten:
"§ 85B‑8. Prohibited acts; assessment of civil penalty; denial, suspension, or revocation of license.
."
SECTION 9. G.S. 87‑47 reads as rewritten:
"§ 87‑47. Penalties imposed by Board; enforcement procedures.
(a1) The following activities are prohibited:
."
SECTION 10. G.S. 89C‑21 reads as rewritten:
"§ 89C‑21. Disciplinary action Reexamination, reexamination,
revocation, suspension, reprimand, or civil penalty.
(a) The Board may reprimand the licensee, suspend, refuse to renew, refuse to reinstate, or revoke the certificate of licensure, require additional education or, as appropriate, require reexamination, for any engineer or land surveyor, who is found guilty of any of the following:
."
SECTION 11. G.S. 90‑14 reads as rewritten:
"§ 90‑14. Disciplinary Authority.authority.
(a) The Board shall have
the power to may place on probation with or without conditions,
impose limitations and conditions on, conditions, publicly
reprimand, assess monetary redress, issue public letters of concern, mandate
free medical services, require satisfactory completion of treatment programs or
remedial or educational training, fine, or deny, annul, suspend, or
revoke a license, license or other authority to practice medicine
in this State, issued by the Board to any person who has been found by the
Board to have committed any of the following acts or conduct, or for any of the
following reasons:State on any of the following grounds:
(c) Except as provided in
subsection (c1) of this section, section and subject to G.S. 93B‑8.1,
a felony conviction shall result in the automatic revocation of a
license issued by the Board, Board unless the Board orders
otherwise or receives a request for a hearing from the person licensee
within 60 days of the licensee receiving notice from the Board,
after the conviction, of the provisions of this subsection. If the Board
receives a timely request for a hearing in such a case, the provisions of G.S. 90‑14.2
shall be followed.a hearing, the hearing shall be conducted in
accordance with G.S. 90‑14.2.
."
SECTION 12.(a) G.S. 90‑30 reads as rewritten:
"§ 90‑30. Examination and licensing of applicants;
qualifications; causes for refusal to grant license;
void licenses.
(a) The North Carolina State
Board of Dental Examiners shall grant licenses to practice dentistry to such
applicants who are graduates of a reputable dental institution, institution
and who, in the opinion of a majority of the Board, shall undergo a
satisfactory examination of proficiency in the knowledge and practice of dentistry,
subject, however, to the further provisions of this section and of the
provisions dentistry and meet the other requirements of this
Article.
(1) Is a person of good moral character, has an
character.
(2) Meets the academic education, the
standard of which shall be determined by the Board; that the applicant is education
standard of the Board.
(3) Is a graduate of and has a diploma from a
reputable dental college or the dental department of a reputable university or
college recognized, accredited accredited, and approved as
such by the Board; and that the applicant has passed Board.
(4) Passes a clinical licensing examination,
the standard of which shall be determined by the Board.examination
approved by the Board.
Any license obtained through fraud
or by any false representation shall be void ab initio and of no effect.is
void ab initio.
."
SECTION 12.(b) G.S. 90‑41 reads as rewritten:
"§ 90‑41. Disciplinary action.
."
SECTION 12.(c) G.S. 90‑229 reads as rewritten:
"§ 90‑229. Disciplinary measures.
."
SECTION 13.(a) G.S. 90‑102.1 reads as rewritten:
"§ 90‑102.1. Registration of persons requiring limited use of controlled substances for training purposes in certain businesses.
(1) That the applicant is at least 21 years of age.
(2) That the applicant is of
good moral character and temperate habits. The Any of the following
shall be is prima facie evidence that the applicant does not have
good moral character or temperate habits:
a. Conviction of any crime involving the illegal
use, possession, sale, manufacture, distribution, or transportation of a
controlled substance, drug, narcotic, or alcoholic beverage;beverage.
b. Conviction of a felony or
a crime involving an act of violence;violence.
c. Conviction of a crime
involving unlawful breaking or entering, burglary, larceny, or any offense
involving moral turpitude; oror larceny.
d. A history of addiction to
alcohol or a narcotic drug;drug.
provided
that, for purposes of this subsection, conviction means and includes the entry
of a plea of guilty or no contest or a verdict rendered in open court by a
judge or jury.
(3) That the applicant has not been convicted of any felony involving the illegal use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, narcotic, or alcoholic beverage.
(4) That the applicant has the necessary training, qualifications, and experience to demonstrate competency and fitness as a dog handler as the Department of Health and Human Services may determine by rule for all registrations to be approved by the Department.
(5) That the applicant affirms in writing that if the application for registration is approved, the applicant shall report all dog alerts to, or finds of, any controlled substance to a law enforcement agency having jurisdiction in the area where the dog alert occurs or where the controlled substance is found.
(j) Enforcement. The Department of Health and Human Services shall have
the power to may investigate or cause to be investigated any
complaints, allegations, or suspicions of wrongdoing or violations of this
section involving individuals registered or applying to be registered under
this section. The In accordance with G.S. 93B‑8.1 and Article
3 of Chapter 150B of the General Statutes, the Department or the Commission
may deny, suspend, or revoke a registration issued under this section if it is
determined that the applicant or registrant has:has done any of the
following:
(1) Made any false statement or given any false information in connection with any application for a registration or for the renewal or reinstatement of a registration.
(2) Violated any provision
of this Article.
(3) Violated any rule promulgated by the Department of Health and Human Services or the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services pursuant to the authority contained in this Article.
."
SECTION 13.(b) G.S. 90A‑64 reads as rewritten:
"§ 90A‑64. Suspensions and revocations of certificates.
(9) Conviction in any court of a crime involving
moral turpitude or conviction of a felony;Subject to G.S. 93B‑8.1,
conviction of a felony or misdemeanor;
."
SECTION 14. G.S. 90‑113.44 reads as rewritten:
"§ 90‑113.44. Grounds for disciplinary action.
(a) Grounds for disciplinary
action for an applicant or credentialed professional include:include
any of the following:
(3) Conviction Subject
to G.S. 93B‑8.1, conviction of an offense under any municipal,
State, or federal law other than traffic laws as prescribed by Chapter 20 of
the General Statutes. Conviction of a Class A through E felony shall result
in an immediate suspension of licensure, certification, or registration for a
minimum of one year.
(4) Conviction of a felony or other public offense
involving moral turpitude. Conviction of a Class A‑E felony shall result
in an immediate suspension of licensure, certification, or registration for a
minimum of one year.
."
SECTION 15. G.S. 90‑121.2 reads as rewritten:
"§ 90‑121.2. Rules and regulations; Rules; discipline,
suspension, revocation revocation, and regrant of certificate.
(a) The
Board shall have the power to make, adopt, and promulgate such rules and
regulations, may adopt rules, including rules of ethics, as may be
necessary and proper for the regulation of the practice of the
profession of optometry and for the performance of its duties. optometry.
The Board shall have has jurisdiction and power to
hear and determine all complaints, allegations, charges complaints of
malpractice, corrupt or unprofessional conduct, and of the or violation
of the rules and regulations, rules, including rules of ethics,
made against any optometrist licensed to practice in North Carolina. The Board shall
also have the power and authority to: may also (i) refuse to issue a
license to practice optometry; (ii) refuse to issue a certificate of renewal of
a license to practice optometry; (iii) revoke or suspend a license to practice
optometry; and (iv) invoke such other disciplinary measures, censure, or
probative probationary terms against a licensee as it deems
fit and proper; in any instance or instances in which if the Board
is satisfied that such
the applicant or licensee meets any of the following criteria:
(4) Has Subject to G.S. 93B‑8.1,
has been convicted of or entered a plea of guilty or nolo contendere to any
felony charge or to any misdemeanor charge involving moral turpitude;a
felony or misdemeanor;
."
SECTION 16. G.S. 90‑154 reads as rewritten:
"§ 90‑154. Grounds for professional discipline.
(b) Any one of the following
is grounds for disciplinary action by the Board under subsection (a):(a)
of this section:
."
SECTION 17. G.S. 90‑187.8 reads as rewritten:
"§ 90‑187.8. Discipline of licensees.
(c) Grounds for disciplinary
action shall include but are not be limited to the
following:
(5) Conviction
of a felony or other public offense involving moral turpitude.felony
or misdemeanor.
."
SECTION 18. G.S. 90‑202.8 reads as rewritten:
"§ 90‑202.8. Revocation of certificate; grounds for; suspension of certificate.
(a) The North Carolina State Board of Podiatry
Examiners, in accordance with G.S. 93B‑8.1 and Chapter 150B (Administrative
Procedure Act) of the General Statutes, shall have the power and authority
to: may (i) refuse to issue a license to practice podiatry; (ii)
refuse to issue a certificate of renewal of a license to practice podiatry;
(iii) revoke or suspend a license to practice podiatry; and (iv) invoke such
other disciplinary measures, censure, or probative probationary terms
against a licensee as it deems fit and proper; in any instance or instances in which if the Board is
satisfied that such applicant or licensee:any of the following apply
to the applicant or licensee:
."
SECTION 19.(a) G.S. 90‑210.25 reads as rewritten:
"§ 90‑210.25. Licensing.Licensing and
permitting.
(c) Registration, Filing Filing,
and Transportation.
(14) The Board may suspend,
revoke, or refuse to issue or renew the
permit, place the permittee on a term of probation, or impose a civil penalty
not to exceed five thousand dollars ($5,000) in conjunction with a term of
probation or in lieu instead of other disciplinary action when
if it finds that any the person permitted to transport
dead human bodies has engaged in any of the following acts:
(e) Revocation; Suspension; Compromise; Disclosure.
(1) Whenever the Board finds that an applicant for a
license or a person to whom a license has been issued by the Board is guilty of
any of the following acts or omissions and the Board also finds that the person
has thereby become unfit to practice, the Board may suspend or revoke
the license or refuse to issue or renew the license, in accordance with G.S. 93B‑8.1
and the procedures set out in Chapter 150B of the General Statutes:
a. Conviction
of a felony felony, or a crime involving fraud or moral
turpitude.fraud.
(2) Where If the
Board finds that a licensee is guilty of one or more of the acts or omissions
listed in subdivision (e)(1) (1) of this section subsection
but it is determined by the Board that the licensee has not thereby become
unfit to practice, the Board may place the licensee on a term of probation in
accordance with the procedures set out in Chapter 150B of the General Statutes.
In any case in which the Board is entitled to may place a
licensee on a term of probation, the Board may also impose a penalty of not
more than five thousand dollars ($5,000) in conjunction with the probation. The
Board may also require satisfactory completion of remedial or educational
training as a prerequisite to license reinstatement or for completing completion
of the term of probation. The Board shall have the authority to may
determine the length and conditions of any period of suspension,
revocation, probation, or refusal to issue or renew a license.
."
SECTION 19.(b) G.S. 90‑210.69 reads as rewritten:
"§ 90‑210.69. Rulemaking; enforcement of Article; judicial review; determination of penalty amount.
(3) A crime involving fraud
or moral turpitude by conviction thereof.fraud.
."
SECTION 19.(c) G.S. 90‑210.123 reads as rewritten:
"§ 90‑210.123. Licensing and inspection.
(1) Conviction
of a felony or a crime involving fraud or moral turpitude.fraud.
."
SECTION 20. G.S. 90‑249.1 reads as rewritten:
"§ 90‑249.1. Disciplinary actions.
(a) The Board may suspend, revoke, or refuse to issue, renew, or reinstate any license for any of the following:
."
SECTION 21. G.S. 90‑270.60 reads as rewritten:
"§ 90‑270.60. Denial, revocation, or suspension of license; other disciplinary or remedial actions.
(2) Has Subject to G.S. 93B‑8.1,
has been convicted of or entered a plea of guilty or nolo contendere to any
misdemeanor involving moral turpitude, misrepresentation, any of the
following:
a. Misrepresentation or fraud in dealing with
the public, or conduct public.
b. Conduct otherwise relevant to fitness to
practice marriage and family therapy, or a misdemeanor charge therapy.
c. Conduct reflecting the inability to practice marriage and family therapy with due regard to the health and safety of clients.
."
SECTION 22. G.S. 90‑270.76 reads as rewritten:
"§ 90‑270.76. Suspension, revocation revocation,
and refusal to renew license.
(a) The Board may deny or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions on a license if the licensee or applicant for licensure has engaged in any of the following conduct:
."
SECTION
23. G.S. 90‑270.103 reads as
rewritten:
"§ 90‑270.103. Grounds for disciplinary action.
Grounds for disciplinary action shall
include but not be are not limited to the following:
(4) Conviction Subject to G.S. 93B‑8.1,
conviction of a felony or other public offense involving moral
turpitude, until proof of rehabilitation can be established;or a misdemeanor;
."
SECTION 24. G.S. 90‑270.148 reads as rewritten:
"§ 90‑270.148. Denial, suspension, or revocation of
licenses and health services provider certification, revocation, and
other disciplinary and remedial actions for violations of the Code of
Conduct; actions; relinquishing of license.
(a) Any applicant for licensure or health services
provider certification and any person licensed or certified under this Article
shall have behaved in conformity with conform to the ethical and
professional standards specified in this Code of Conduct section and
in the rules of the Board. The Board may deny, suspend, or revoke licensure and
certification, and may discipline, place on probation, limit practice, and
require examination, remediation, and rehabilitation, or any combination
thereof, all as provided for in subsection (b) below. take any other
action described in subsection (b) of this section. The Board shall act
upon proof that the applicant or licensee engaged in illegal, immoral,
dishonorable, unprofessional, or unethical conduct by violating any of the
provisions of the Code of Conduct as follows:violated this section when any
of the following applies to the applicant or licensee:
(2) Has Subject to G.S. 93B‑8.1,
has been convicted of or entered a plea of guilty or nolo contendere to any
misdemeanor involving moral turpitude, misrepresentation any of the
following:
a. Misrepresentation or fraud in dealing with
the public, or conduct public.
b. Conduct otherwise relevant to fitness to
practice psychology, or a misdemeanor charge psychology.
c. Conduct reflecting the inability to practice psychology with due regard to the health and safety of clients or patients;
."
SECTION 25. G.S. 90‑340 reads as rewritten:
"§ 90‑340. Protection of the public.
(1) Has been convicted of a felony or entered a plea of guilty or nolo contendere to any felony charge under the laws of the United States or of any state of the United States.
(2) Has been convicted of or
entered a plea of guilty or nolo contendere to any misdemeanor involving moral
turpitude, misrepresentation, any of the following:
a. Misrepresentation or fraud in dealing with
the public, or conduct public.
b. Conduct otherwise relevant to fitness to
practice clinical mental health counseling, or a misdemeanor charge counseling.
c. Conduct reflecting the inability to practice clinical mental health counseling with due regard to the health and safety of clients or patients.
."
SECTION 26. G.S. 90‑363 reads as rewritten:
"§ 90‑363. Suspension, revocation revocation,
and refusal to renew license.
."
SECTION 27. G.S. 90‑390 reads as rewritten:
"§ 90‑390. Refusal, suspension, or revocation of a certificate.
(a) A certificate applied for or issued under this Article may be refused, suspended, revoked, or otherwise limited as provided in subsection (e) of this section by the Board upon proof that any of the following applies to the applicant or person to whom a certificate was issued:
(1) Has
Subject to G.S. 93B‑8.1, has been convicted of a felony;
(2) Has Subject to G.S. 93B‑8.1,
has been convicted of a misdemeanor involving moral turpitude, misrepresentation
or fraud in dealing with the public, public or an offense
relevant to fitness to practice certified fee‑based pastoral counseling;
."
SECTION 28. G.S. 90‑633 reads as rewritten:
"§ 90‑633. Disciplinary action.
(4) Conviction of a felony or other public
offense involving moral turpitude.Subject to G.S. 93B‑8.1,
conviction of a felony or misdemeanor.
."
SECTION 29. G.S. 90‑659 reads as rewritten:
"§ 90‑659. Suspension, revocation, and refusal to renew a license.
."
SECTION 30. G.S. 90‑742 reads as rewritten:
(2) Conviction Subject
to G.S. 93B‑8.1, conviction of a felony or entry of a plea of
guilty or nolo contendere to any misdemeanor involving moral turpitude, misrepresentation
any of the following:
a. Misrepresentation or fraud in dealing with
the public, or conduct public.
b. Conduct otherwise relevant to fitness to practice,
or a misdemeanor charge practice.
c. Conduct reflecting the inability to
practice behavior analysis relating with due regard to the health
and safety of clients or patients.
."
SECTION 31. G.S. 90B‑11 reads as rewritten:
"§ 90B‑11. Disciplinary procedures.
(1) Conviction of or the
entering of a plea of guilty or nolo contendere to any misdemeanor involving moral
turpitude, misrepresentation any of the following:
a. Misrepresentation or fraud in dealing with
the public, conduct public.
b. Conduct otherwise relevant to fitness to
practice social work, or any misdemeanor work.
c. Conduct reflecting the inability to practice social work with due regard to the health and safety of clients or patients.
(2) Conviction of a felony or the entering of a plea of guilty or nolo contendere to a felony under the laws of the United States or of any state of the United States.
."
SECTION 32.(a) G.S. 93A‑6 reads as rewritten:
"§ 93A‑6. Disciplinary action by Commission.
(1) The licensee has obtained
a license by false or fraudulent representation;representation.
(2) The Subject to G.S. 93B‑8.1,
the licensee has been convicted or has entered a plea of guilty or no
contest upon which final judgment is entered by a court of competent
jurisdiction in this State, or any other state, of any misdemeanor or felony
that involves false swearing, misrepresentation, deceit, extortion, theft,
bribery, embezzlement, false pretenses, fraud, forgery, larceny,
misappropriation of funds or property, perjury, or any other offense showing
professional unfitness or involving moral turpitude which that would
reasonably affect the licensee's performance in the real estate business;business.
(4) The broker's unlicensed
employee, who is exempt from the provisions of this Chapter under
G.S. 93A‑2(c)(6), has committed, in the regular course of business,
any act which, that, if committed by the broker, would constitute
a violation of G.S. 93A‑6(a) subsection (a) of this section for
which the broker could be disciplined; ordisciplined.
(5) The licensee, who is also licensed as an appraiser, attorney, home inspector, mortgage broker, general contractor, or member of another licensed profession or occupation, has been disciplined for an offense under any law involving fraud, theft, misrepresentation, breach of trust or fiduciary responsibility, or willful or negligent malpractice.
."
SECTION 32.(b) G.S. 93A‑38 reads as rewritten:
"§ 93A‑38. Suspension, revocation revocation,
or denial of certification.
SECTION 32.(c) G.S. 93A‑54 reads as rewritten:
"§ 93A‑54. Disciplinary action by Commission.
."
SECTION 33. G.S. 93B‑1 reads as rewritten:
"§ 93B‑1. Definitions.
As used in this Chapter, the following definitions apply:
(1) License. Any license
(other than a privilege license), certificate, or other evidence of
qualification which that an individual is required to obtain
before he the individual may engage in or represent himself or
herself to be a member of a particular profession or occupation.
(3) State agency licensing
board. Any State agency staffed by full‑time State employees, which employees
who, as part of their regular functions functions, issue
licenses. This section does not apply to the North Carolina Criminal Justice
Education and Training Standards Commission, the North Carolina Sheriffs'
Education and Training Standards Commission, and the North Carolina Department
of Revenue. The following is a nonexclusive list of State agency licensing
boards and the profession or occupation for which the board, agency, or officer
may issue licenses:
a. The Department of Agriculture and Consumer Services.
1. Commissioner of Agriculture.
I. Scale Technician. Article 6 of Chapter 81A of the General Statutes.
II. Seed Dealer. Article 31 of Chapter 106 of the General Statutes.
III. Livestock Dealer. Article 35B of Chapter 106 of the General Statutes.
2. North Carolina Pesticide Board.
I. Pesticide Applicators and Pesticide Dealers. Parts 3 and 4 of Article 52 of Chapter 143 of the General Statutes.
3. North Carolina Board of Agriculture.
I. Boarding Kennel Operator and Pet Shop Owner. Article 3 of Chapter 19A of the General Statutes.
II. Poultry, Hatcheries, and
Chick Dealers. Article 40 49 of Chapter 106 of the General
Statutes.
4. Structural Pest Control Committee.
I. Exterminator and Structural Pest Control Applicator. Article 4C of Chapter 106 of the General Statutes.
b. Repealed by Session Laws 2021‑180, s. 9G.7(c), effective July 1, 2021.
c. The Department of Health and Human Services.
1. North Carolina Medical Care Commission.
I. Ambulance Attendant, Emergency Medical Technician. Article 7 of Chapter 131E of the General Statutes.
2. Well Contractors Certification Commission.
I. Well Contractor. Article 7A of Chapter 87 of the General Statutes.
d. The Department of Insurance.
1. Commissioner of Insurance.
I. Bail Bond Runner, Professional Bondsman, Surety Bondsman. Article 71 of Chapter 58 of the General Statutes.
II. Insurance Agent, Insurance Company Adjuster, Motor Vehicle Damage Appraiser, Self‑Employed Insurance Adjuster. Article 33 of Chapter 58 of the General Statutes.
2. Code Officials Qualifications Board.
I. Building Inspector, Code
Enforcement Official, Electrical Inspector, Fire Inspector, Mechanical
Inspector, Plumbing Inspector. Article 9C of Chapter 58 143 of
the General Statutes.
3. Home Inspection Licensure Board.
I. Home Inspector. Article 9F of Chapter 143 of the General Statutes.
4. Manufactured Housing Board.
I. Manufactured Housing Salesperson. Article 9A of Chapter 143 of the General Statutes.
e. Repealed by Session Laws 2021‑138, s. 17(a), effective December 1, 2021.
f. The Department of Labor.
1. Boiler Safety Bureau.
I. Boiler Inspector. Article 7A of Chapter 95 of the General Statutes.
g. The Department of Public Instruction.
1. State Board of Education.
I. Teacher, Principal,
Superintendent. Article 71E 17E of Chapter 115C of the General
Statutes.
h. The Department of Public Safety.
1. Alcohol Law Enforcement Branch.
I. Boxer, Kickboxer, Mixed
Martial Arts, Promoter. Article 8 68 of Chapter 143 of the
General Statutes.
2. The Alcohol Beverage Control Board.
I. Alcoholic Beverage Distributor. Article 9 of Chapter 18B.
3. Private Protective Services Board.
I. Counter Intelligence
Licensee, Armored Car Service, Close Personal Protection, Courier
Service, Digital Forensics Examiner, Electronic Countermeasures, Guard Dog Service
Operator, Service, Polygraph Examiner, Private Investigator,
Psychological Stress Evaluator, Security Guard, and Patrol Licensee. Guard
and Patrol, and Special Limited Guard and Patrol. Article 1 of Chapter 74C
of the General Statutes.
4. Alarm Systems Licensing Board.
I. Alarm Systems Business. Article 1 of Chapter 74D of the General Statutes.
i. The Department of the Secretary of State.
1. The Secretary of State.
I. Athletic Athlete
Agent. Article 9 of Chapter 78C of the General Statutes.
II. Investment Advisor. Adviser.
Article 3 of Chapter 78C of the General Statutes.
III. Securities Broker, Securities Dealer, Security Salesman. Article 5 of Chapter 78A of the General Statutes.
IV. Professional Solicitor. Article 3 of Chapter 131F of the General Statutes.
j. The Department of Transportation.
1. Division of Motor Vehicles.
I. New and Used Motor Vehicle Dealer, Motor Vehicle Sales Representative, Distributor, Distributor Branch, Distributor Representative, Wholesaler. Article 12 of Chapter 20 of the General Statutes.
II. Commercial Driver, Truck Driver. Article 2 of Chapter 20 of the General Statutes.
III. Safety Inspection Mechanic. Article 3A of Chapter 20 of the General Statutes."
SECTION 34. G.S. 93D‑13 reads as rewritten:
"§ 93D‑13. Discipline, suspension, revocation of licenses and registrations; records.
(a) The Board may in its
discretion administer the punishment of private reprimand, suspension of
license or registration for a fixed period or revocation of license or
registration as the case may warrant in their judgment for any violation of the
rules and regulations of the Board or for any of the following causes:
."
SECTION 35. G.S. 93E‑1‑12 reads as rewritten:
"§ 93E‑1‑12. Disciplinary action by Board.
(b) Following a hearing, or
by consent, the Appraisal Board may also suspend or revoke any registration,
license, or certificate issued under the provisions of this Chapter or
reprimand any registered trainee, licensee, or certificate holder when:
."
SECTION 36.(a) G.S. 106‑65.26 reads as rewritten:
"§ 106‑65.26. Qualifications for certified applicator and licensee; applicants for certified applicator's identification card and license.
."
SECTION 36.(b) G.S. 106‑610 reads as rewritten:
"§ 106‑610. Grounds for refusal, suspension suspension,
or revocation of license.
."