Current through Register Vol. 39, No. 6, September 16, 2024
(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.
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.
