47 | | - | (1) The level and seriousness of the crime. 35 General Assembly Of North Carolina Session 2025 |
---|
48 | | - | Page 2 House Bill 45-First Edition |
---|
49 | | - | (2) The date of the crime. 1 |
---|
50 | | - | (3) The individual's age of the individual at the time of the crime. 2 |
---|
51 | | - | (4) The circumstances surrounding the commission of the crime, if known. 3 |
---|
52 | | - | (5) The nexus between the criminal conduct and the prospective duties of the 4 |
---|
53 | | - | applicant as a licensee. 5 |
---|
54 | | - | (6) The individual's prison, jail, probation, parole, rehabilitation, and employment 6 |
---|
55 | | - | records of the applicant since the date the crime was committed. 7 |
---|
56 | | - | (6a) The individual's completion of, or active participation in, rehabilitative drug 8 |
---|
57 | | - | or alcohol treatment. 9 |
---|
58 | | - | (6b) A Certificate of Relief granted pursuant to G.S. 15A-173.2. 10 |
---|
59 | | - | (7) The subsequent commission of a crime by the applicant.individual's criminal 11 |
---|
60 | | - | history record after the conviction. 12 |
---|
61 | | - | (8) Any affidavits or other written documents, including character references. 13 |
---|
62 | | - | (b2) If the board denies an applicant a license licensure under this section, the board shall 14 |
---|
63 | | - | do all of the following: 15 |
---|
64 | | - | (1) Make written findings specifying the factors in subsection (b1) of this section 16 |
---|
65 | | - | the board deemed relevant to the applicant and explaining the reason for the 17 |
---|
66 | | - | denial. The board's presiding officer shall sign the findings. 18 |
---|
67 | | - | (2) Provide or serve a signed copy of the written findings to the applicant or 19 |
---|
68 | | - | licensee within 60 days of the denial. 20 |
---|
69 | | - | (3) Retain a signed copy of the written findings for no less than five years. 21 |
---|
70 | | - | (b3) Each board shall include in its application for licensure and on its public website all 22 |
---|
71 | | - | of the following information: 23 |
---|
72 | | - | (1) Whether the board requires applicants to consent to a criminal history record 24 |
---|
73 | | - | check. 25 |
---|
74 | | - | (2) The factors considered by the board under subsection (b1) of this section when 26 |
---|
75 | | - | making a determination of regarding licensure. 27 |
---|
76 | | - | (3) The appeals process pursuant to Chapter 150B of the General Statutes if the 28 |
---|
77 | | - | board denies an applicant licensure in whole or in part because of a criminal 29 |
---|
78 | | - | conviction. 30 |
---|
79 | | - | (b4) If a board requires an applicant to submit a criminal history record, the board shall 31 |
---|
80 | | - | require the provider of the criminal history record to provide the applicant with access to the 32 |
---|
81 | | - | applicant's criminal history record or otherwise deliver a copy of the criminal history record to 33 |
---|
82 | | - | the applicant. If an applicant's criminal history includes matters that will or may prevent the board 34 |
---|
83 | | - | from issuing a license to the applicant, the board shall notify the applicant in writing of the 35 |
---|
84 | | - | specific issues in sufficient time for the applicant to provide additional documentation supporting 36 |
---|
85 | | - | the application for consideration by the board prior to any final decision to deny the application. 37 |
---|
86 | | - | After being notified of any potential issue with licensure due to one or more criminal convictions, 38 |
---|
87 | | - | an applicant shall have has 30 days to respond by either correcting any inaccuracy in the criminal 39 |
---|
88 | | - | history record or submitting evidence of mitigation or rehabilitation for consideration by the 40 |
---|
89 | | - | board. 41 |
---|
90 | | - | (b5) If, following a hearing, a board denies an application for licensure, the board's written 42 |
---|
91 | | - | order shall include specific reference to any criminal conviction considered as part or all of any 43 |
---|
92 | | - | basis for the denial and the rationale for the denial, as well as a reference to the appeal process 44 |
---|
93 | | - | and the applicant's ability to reapply. No applicant shall be restricted from reapplying for 45 |
---|
94 | | - | licensure for more than two years from the date of the most recent application. 46 |
---|
95 | | - | (b6) Notwithstanding any other provisions in the law, an individual with a criminal history 47 |
---|
96 | | - | may petition a board at any time, including before the individual starts or completes any 48 |
---|
97 | | - | mandatory education or training requirements, for a predetermination of whether the individual's 49 |
---|
98 | | - | criminal history will likely disqualify the individual from obtaining a license. This petition shall 50 |
---|
99 | | - | include a criminal history record report obtained by the individual petitioner from a reporting 51 General Assembly Of North Carolina Session 2025 |
---|
100 | | - | House Bill 45-First Edition Page 3 |
---|
101 | | - | service designated by the board, the cost of which shall be borne by the applicant. petitioner. 1 |
---|
102 | | - | Criminal history records relating to a predetermination petition are not public records under 2 |
---|
103 | | - | Chapter 132 of the General Statutes. A board may predetermine that the petitioner's criminal 3 |
---|
104 | | - | history is likely grounds for denial of a license only after the board has applied the requirements 4 |
---|
105 | | - | of subsection (b) of this section. Each board shall delegate authority for the predetermination to 5 |
---|
106 | | - | its executive director or equivalent officer, or to a committee of the board, so that the 6 |
---|
107 | | - | predeterminations can be made in a timely manner. No board member having served on a 7 |
---|
108 | | - | predetermination committee for an individual a petitioner shall be required to recuse in any later 8 |
---|
109 | | - | determinations or hearings involving the same applicant. individual as an applicant or licensee. 9 |
---|
110 | | - | The board shall inform the individual petitioner of the board's determination within 45 days of 10 |
---|
111 | | - | receiving the petition from the individual. The board may charge a fee to recoup its costs not to 11 |
---|
112 | | - | exceed forty-five dollars ($45.00) for each petition. If the board determines an applicant a 12 |
---|
113 | | - | petitioner would likely be denied licensure based on the individual's petitioner's criminal history, 13 |
---|
114 | | - | the board shall notify the individual petitioner in writing of the following: 14 |
---|
115 | | - | (1) The grounds and reasons for the predetermination. 15 |
---|
116 | | - | (2) That the petitioner has the right to complete any requirements for licensure, to 16 |
---|
117 | | - | apply to the board, and to have the petitioner's application considered by the 17 |
---|
118 | | - | board under its application process. 18 |
---|
119 | | - | (3) That further evidence of rehabilitation will be considered upon application. 19 |
---|
120 | | - | (b7) A predetermination made under subsection (b6) of this section that a petitioner's 20 |
---|
121 | | - | criminal history would likely prevent licensure is not a final agency decision and does not entitle 21 |
---|
122 | | - | the individual to any right to judicial review under Article 4 of Chapter 150B of the General 22 |
---|
123 | | - | Statutes. 23 |
---|
124 | | - | (b8) A predetermination made under subsection (b6) of this section that a petitioner is 24 |
---|
125 | | - | eligible for a license is binding if both of the following apply: 25 |
---|
126 | | - | (1) The petitioner applies for licensure and fulfills all other requirements for the 26 |
---|
127 | | - | occupational license. 27 |
---|
128 | | - | (2) The applicant's petitioner's submitted criminal history was correct and remains 28 |
---|
129 | | - | unchanged at the time of application for a license. 29 |
---|
130 | | - | (c) If a board requires an applicant to consent to a criminal history record check or use of 30 |
---|
131 | | - | fingerprints or other identifying information required by the State or National Repositories of 31 |
---|
132 | | - | Criminal Histories, the board may deny licensure to an applicant who refuses to consent. 32 |
---|
133 | | - | (c1) Nothing in this section or in G.S. 93B-1 authorizes a board to require an applicant to 33 |
---|
134 | | - | consent to a criminal history record check or use of fingerprints or other identifying information 34 |
---|
135 | | - | required by the State or National Repositories of Criminal Histories as a condition of granting or 35 |
---|
136 | | - | renewing a license. 36 |
---|
137 | | - | (d) This section does not apply to The North Carolina Criminal Justice Education and 37 |
---|
138 | | - | Training Standards Commission and the North Carolina Sheriffs' Education and Training 38 |
---|
139 | | - | Standards Commission." 39 |
---|
140 | | - | SECTION 2.(a) G.S. 20-79.2 reads as rewritten: 40 |
---|
141 | | - | "§ 20-79.2. Transporter plates. 41 |
---|
142 | | - | … 42 |
---|
143 | | - | (b2) Sanctions. – The following sanctions apply when a motor vehicle displaying a 43 |
---|
144 | | - | "Dealer-Transporter" or "Transporter" license plate is driven in violation of the restrictions on 44 |
---|
145 | | - | the use of the plate or of the requirement to have proof of financial responsibility: 45 |
---|
146 | | - | (1) The individual driving the motor vehicle is responsible for an infraction and 46 |
---|
147 | | - | is subject to a penalty of one hundred dollars ($100.00). 47 |
---|
148 | | - | (2) The dealer or business to whom the plate is issued is subject to a civil penalty 48 |
---|
149 | | - | imposed by the Division of two hundred fifty dollars ($250.00) per 49 |
---|
150 | | - | occurrence. 50 General Assembly Of North Carolina Session 2025 |
---|
151 | | - | Page 4 House Bill 45-First Edition |
---|
| 47 | + | (1) The level and seriousness of the crime. 35 |
---|
| 48 | + | (2) The date of the crime. 36 |
---|
| 49 | + | H.B. 45 |
---|
| 50 | + | Feb 4, 2025 |
---|
| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
---|
| 52 | + | Page 2 DRH40021-MVz-3 |
---|
| 53 | + | (3) The individual's age of the individual at the time of the crime. 1 |
---|
| 54 | + | (4) The circumstances surrounding the commission of the crime, if known. 2 |
---|
| 55 | + | (5) The nexus between the criminal conduct and the prospective duties of the 3 |
---|
| 56 | + | applicant as a licensee. 4 |
---|
| 57 | + | (6) The individual's prison, jail, probation, parole, rehabilitation, and employment 5 |
---|
| 58 | + | records of the applicant since the date the crime was committed. 6 |
---|
| 59 | + | (6a) The individual's completion of, or active participation in, rehabilitative drug 7 |
---|
| 60 | + | or alcohol treatment. 8 |
---|
| 61 | + | (6b) A Certificate of Relief granted pursuant to G.S. 15A-173.2. 9 |
---|
| 62 | + | (7) The subsequent commission of a crime by the applicant.individual's criminal 10 |
---|
| 63 | + | history record after the conviction. 11 |
---|
| 64 | + | (8) Any affidavits or other written documents, including character references. 12 |
---|
| 65 | + | (b2) If the board denies an applicant a license licensure under this section, the board shall 13 |
---|
| 66 | + | do all of the following: 14 |
---|
| 67 | + | (1) Make written findings specifying the factors in subsection (b1) of this section 15 |
---|
| 68 | + | the board deemed relevant to the applicant and explaining the reason for the 16 |
---|
| 69 | + | denial. The board's presiding officer shall sign the findings. 17 |
---|
| 70 | + | (2) Provide or serve a signed copy of the written findings to the applicant or 18 |
---|
| 71 | + | licensee within 60 days of the denial. 19 |
---|
| 72 | + | (3) Retain a signed copy of the written findings for no less than five years. 20 |
---|
| 73 | + | (b3) Each board shall include in its application for licensure and on its public website all 21 |
---|
| 74 | + | of the following information: 22 |
---|
| 75 | + | (1) Whether the board requires applicants to consent to a criminal history record 23 |
---|
| 76 | + | check. 24 |
---|
| 77 | + | (2) The factors considered by the board under subsection (b1) of this section when 25 |
---|
| 78 | + | making a determination of regarding licensure. 26 |
---|
| 79 | + | (3) The appeals process pursuant to Chapter 150B of the General Statutes if the 27 |
---|
| 80 | + | board denies an applicant licensure in whole or in part because of a criminal 28 |
---|
| 81 | + | conviction. 29 |
---|
| 82 | + | (b4) If a board requires an applicant to submit a criminal history record, the board shall 30 |
---|
| 83 | + | require the provider of the criminal history record to provide the applicant with access to the 31 |
---|
| 84 | + | applicant's criminal history record or otherwise deliver a copy of the criminal history record to 32 |
---|
| 85 | + | the applicant. If an applicant's criminal history includes matters that will or may prevent the board 33 |
---|
| 86 | + | from issuing a license to the applicant, the board shall notify the applicant in writing of the 34 |
---|
| 87 | + | specific issues in sufficient time for the applicant to provide additional documentation supporting 35 |
---|
| 88 | + | the application for consideration by the board prior to any final decision to deny the application. 36 |
---|
| 89 | + | After being notified of any potential issue with licensure due to one or more criminal convictions, 37 |
---|
| 90 | + | an applicant shall have has 30 days to respond by either correcting any inaccuracy in the criminal 38 |
---|
| 91 | + | history record or submitting evidence of mitigation or rehabilitation for consideration by the 39 |
---|
| 92 | + | board. 40 |
---|
| 93 | + | (b5) If, following a hearing, a board denies an application for licensure, the board's written 41 |
---|
| 94 | + | order shall include specific reference to any criminal conviction considered as part or all of any 42 |
---|
| 95 | + | basis for the denial and the rationale for the denial, as well as a reference to the appeal process 43 |
---|
| 96 | + | and the applicant's ability to reapply. No applicant shall be restricted from reapplying for 44 |
---|
| 97 | + | licensure for more than two years from the date of the most recent application. 45 |
---|
| 98 | + | (b6) Notwithstanding any other provisions in the law, an individual with a criminal history 46 |
---|
| 99 | + | may petition a board at any time, including before the individual starts or completes any 47 |
---|
| 100 | + | mandatory education or training requirements, for a predetermination of whether the individual's 48 |
---|
| 101 | + | criminal history will likely disqualify the individual from obtaining a license. This petition shall 49 |
---|
| 102 | + | include a criminal history record report obtained by the individual petitioner from a reporting 50 |
---|
| 103 | + | service designated by the board, the cost of which shall be borne by the applicant. petitioner. 51 General Assembly Of North Carolina Session 2025 |
---|
| 104 | + | DRH40021-MVz-3 Page 3 |
---|
| 105 | + | Criminal history records relating to a predetermination petition are not public records under 1 |
---|
| 106 | + | Chapter 132 of the General Statutes. A board may predetermine that the petitioner's criminal 2 |
---|
| 107 | + | history is likely grounds for denial of a license only after the board has applied the requirements 3 |
---|
| 108 | + | of subsection (b) of this section. Each board shall delegate authority for the predetermination to 4 |
---|
| 109 | + | its executive director or equivalent officer, or to a committee of the board, so that the 5 |
---|
| 110 | + | predeterminations can be made in a timely manner. No board member having served on a 6 |
---|
| 111 | + | predetermination committee for an individual a petitioner shall be required to recuse in any later 7 |
---|
| 112 | + | determinations or hearings involving the same applicant. individual as an applicant or licensee. 8 |
---|
| 113 | + | The board shall inform the individual petitioner of the board's determination within 45 days of 9 |
---|
| 114 | + | receiving the petition from the individual. The board may charge a fee to recoup its costs not to 10 |
---|
| 115 | + | exceed forty-five dollars ($45.00) for each petition. If the board determines an applicant a 11 |
---|
| 116 | + | petitioner would likely be denied licensure based on the individual's petitioner's criminal history, 12 |
---|
| 117 | + | the board shall notify the individual petitioner in writing of the following: 13 |
---|
| 118 | + | (1) The grounds and reasons for the predetermination. 14 |
---|
| 119 | + | (2) That the petitioner has the right to complete any requirements for licensure, to 15 |
---|
| 120 | + | apply to the board, and to have the petitioner's application considered by the 16 |
---|
| 121 | + | board under its application process. 17 |
---|
| 122 | + | (3) That further evidence of rehabilitation will be considered upon application. 18 |
---|
| 123 | + | (b7) A predetermination made under subsection (b6) of this section that a petitioner's 19 |
---|
| 124 | + | criminal history would likely prevent licensure is not a final agency decision and does not entitle 20 |
---|
| 125 | + | the individual to any right to judicial review under Article 4 of Chapter 150B of the General 21 |
---|
| 126 | + | Statutes. 22 |
---|
| 127 | + | (b8) A predetermination made under subsection (b6) of this section that a petitioner is 23 |
---|
| 128 | + | eligible for a license is binding if both of the following apply: 24 |
---|
| 129 | + | (1) The petitioner applies for licensure and fulfills all other requirements for the 25 |
---|
| 130 | + | occupational license. 26 |
---|
| 131 | + | (2) The applicant's petitioner's submitted criminal history was correct and remains 27 |
---|
| 132 | + | unchanged at the time of application for a license. 28 |
---|
| 133 | + | (c) If a board requires an applicant to consent to a criminal history record check or use of 29 |
---|
| 134 | + | fingerprints or other identifying information required by the State or National Repositories of 30 |
---|
| 135 | + | Criminal Histories, the board may deny licensure to an applicant who refuses to consent. 31 |
---|
| 136 | + | (c1) Nothing in this section or in G.S. 93B-1 authorizes a board to require an applicant to 32 |
---|
| 137 | + | consent to a criminal history record check or use of fingerprints or other identifying information 33 |
---|
| 138 | + | required by the State or National Repositories of Criminal Histories as a condition of granting or 34 |
---|
| 139 | + | renewing a license. 35 |
---|
| 140 | + | (d) This section does not apply to The North Carolina Criminal Justice Education and 36 |
---|
| 141 | + | Training Standards Commission and the North Carolina Sheriffs' Education and Training 37 |
---|
| 142 | + | Standards Commission." 38 |
---|
| 143 | + | SECTION 2.(a) G.S. 20-79.2 reads as rewritten: 39 |
---|
| 144 | + | "§ 20-79.2. Transporter plates. 40 |
---|
| 145 | + | … 41 |
---|
| 146 | + | (b2) Sanctions. – The following sanctions apply when a motor vehicle displaying a 42 |
---|
| 147 | + | "Dealer-Transporter" or "Transporter" license plate is driven in violation of the restrictions on 43 |
---|
| 148 | + | the use of the plate or of the requirement to have proof of financial responsibility: 44 |
---|
| 149 | + | (1) The individual driving the motor vehicle is responsible for an infraction and 45 |
---|
| 150 | + | is subject to a penalty of one hundred dollars ($100.00). 46 |
---|
| 151 | + | (2) The dealer or business to whom the plate is issued is subject to a civil penalty 47 |
---|
| 152 | + | imposed by the Division of two hundred fifty dollars ($250.00) per 48 |
---|
| 153 | + | occurrence. 49 General Assembly Of North Carolina Session 2025 |
---|
| 154 | + | Page 4 DRH40021-MVz-3 |
---|
152 | 155 | | (3) The Division may rescind all dealer license plates, dealer transporter plates, 1 |
---|
153 | 156 | | or transporter plates issued to the dealer or business whose plate was displayed 2 |
---|
154 | 157 | | on the motor vehicle. 3 |
---|
155 | 158 | | (4) A person who sells, rents, leases, or otherwise provides a transporter plate to 4 |
---|
156 | 159 | | another person in exchange for the money or any other thing of value is guilty 5 |
---|
157 | 160 | | of a Class I felony. A conviction for a violation of this subdivision is 6 |
---|
158 | 161 | | considered a felony involving moral turpitude for purposes of G.S. 20-294. 7 |
---|
159 | 162 | | A penalty imposed under subdivision (1) of this subsection is payable to the county where 8 |
---|
160 | 163 | | the infraction occurred, as required by G.S. 14-3.1. A civil penalty imposed under subdivision 9 |
---|
161 | 164 | | (2) of this subsection shall be credited to the Highway Fund as nontax revenue. A law 10 |
---|
162 | 165 | | enforcement officer having probable cause to believe that a transporter plate is being used in 11 |
---|
163 | 166 | | violation of this section may seize the plate. 12 |
---|
164 | 167 | | …." 13 |
---|
165 | 168 | | SECTION 2.(b) G.S. 20-294 reads as rewritten: 14 |
---|
166 | 169 | | "§ 20-294. Grounds for denying, suspending, placing on probation, or revoking licenses. 15 |
---|
167 | 170 | | In accordance with G.S. 20-295 and G.S. 20-296, G.S. 20-295, 20-296, and 93B-8.1, the 16 |
---|
168 | 171 | | Division may deny, suspend, place on probation, or revoke a license issued under this Article for 17 |
---|
169 | 172 | | any one or more of the following grounds: 18 |
---|
170 | 173 | | … 19 |
---|
171 | 174 | | (9) Being convicted of an offense set forth under G.S. 14-71.2, 14-160.4, 20-79.2, 20 |
---|
172 | 175 | | 20-106.1, 20-107, or 20-112 while holding such a the license or within five 21 |
---|
173 | 176 | | years next preceding before the date of filing the application; or being 22 |
---|
174 | 177 | | convicted of a felony involving moral turpitude under the laws of this State, 23 |
---|
175 | 178 | | another state, or the United States. It shall be is an affirmative defense, and 24 |
---|
176 | 179 | | will operate as a stay of this violation, any adverse action by the Division if 25 |
---|
177 | 180 | | the person charged is determined to qualify and obtains seeks expunction, 26 |
---|
178 | 181 | | certificate of relief, or pardon, or, if or to have the violative conviction is 27 |
---|
179 | 182 | | vacated. If relief is granted, this violation is any adverse action by the Board 28 |
---|
180 | 183 | | is dismissed. If relief is denied, the stay is lifted. 29 |
---|
181 | 184 | | …." 30 |
---|
182 | 185 | | SECTION 3.(a) G.S. 53-244.050 reads as rewritten: 31 |
---|
183 | 186 | | "§ 53-244.050. License and registration application; claim of exemption. 32 |
---|
184 | 187 | | (a) Applicants for a license or registration shall apply through the Nationwide Mortgage 33 |
---|
185 | 188 | | Licensing System and Registry on a form acceptable to the Commissioner, including the 34 |
---|
186 | 189 | | following information: 35 |
---|
187 | 190 | | … 36 |
---|
188 | 191 | | (4) The qualifications and business history of the applicant and, if applicable, the 37 |
---|
189 | 192 | | business history of any partner, officer, or director, any person occupying a 38 |
---|
190 | 193 | | similar status or performing similar functions, or any person directly or 39 |
---|
191 | 194 | | indirectly controlling the applicant, including:applicant, including the 40 |
---|
192 | 195 | | following: 41 |
---|
193 | 196 | | a. A description of any injunction or administrative order by any state or 42 |
---|
194 | 197 | | federal authority to which the person is or has been subject;subject. 43 |
---|
195 | 198 | | b. Any conviction, within the past 10 years, of a misdemeanor involving 44 |
---|
196 | 199 | | moral turpitude or any fraud, false statement or omission, any theft or 45 |
---|
197 | 200 | | wrongful taking of property, bribery, perjury, forgery, counterfeiting, 46 |
---|
198 | 201 | | extortion, or conspiracy to commit any of these offenses, or involving 47 |
---|
199 | 202 | | any financial service or financial service- related business; 48 |
---|
200 | 203 | | andbusiness. 49 |
---|
201 | 204 | | c. Any felony convictions. 50 |
---|
202 | 205 | | …." 51 General Assembly Of North Carolina Session 2025 |
---|
204 | 207 | | SECTION 3.(b) G.S. 53-244.060 reads as rewritten: 1 |
---|
205 | 208 | | "§ 53-244.060. Issuance of license or registration. 2 |
---|
206 | 209 | | If an applicant satisfies the requirements of G.S. 53-244.050, the Commissioner shall issue a 3 |
---|
207 | 210 | | mortgage lender, mortgage broker, mortgage servicer, mortgage loan originator, or transitional 4 |
---|
208 | 211 | | mortgage loan originator license, or a mortgage origination support registrant registration, unless 5 |
---|
209 | 212 | | the Commissioner finds any of the following: 6 |
---|
210 | 213 | | … 7 |
---|
211 | 214 | | (2) The applicant or its controlling persons have been convicted of or plead guilty 8 |
---|
212 | 215 | | or nolo contendere to a felony in a domestic, foreign, or military court:court 9 |
---|
213 | 216 | | as described in either of the following: 10 |
---|
214 | 217 | | a. During the seven-year period preceding the date of the application for 11 |
---|
215 | 218 | | licensing and registration; orregistration. 12 |
---|
216 | 219 | | b. At any time preceding the date of application, if the felony involved 13 |
---|
217 | 220 | | an act of fraud, dishonesty, a breach of trust, or money laundering. 14 |
---|
218 | 221 | | A pardon of a conviction shall not be is not a conviction for purposes of this 15 |
---|
219 | 222 | | subdivision. 16 |
---|
220 | 223 | | (3) The applicant or any of its controlling persons have been convicted of or plead 17 |
---|
221 | 224 | | guilty or nolo contendere to any charge in a domestic, foreign, or military 18 |
---|
222 | 225 | | court, within the past five years, of a misdemeanor involving moral turpitude 19 |
---|
223 | 226 | | or any fraud, false statement or omission, any theft or wrongful taking of 20 |
---|
224 | 227 | | property, bribery, perjury, forgery, counterfeiting, extortion, or conspiracy to 21 |
---|
225 | 228 | | commit any of these offenses, or involving any financial service or financial 22 |
---|
226 | 229 | | service-related business. If the application is for licensure as a mortgage loan 23 |
---|
227 | 230 | | originator, this subdivision is subject to G.S. 93B-8.1. 24 |
---|
228 | 231 | | …." 25 |
---|
229 | 232 | | SECTION 4.(a) G.S. 58-33-46 reads as rewritten: 26 |
---|
230 | 233 | | "§ 58-33-46. Suspension, probation, revocation, or nonrenewal of licenses. 27 |
---|
231 | 234 | | (a) The Commissioner may place on probation, suspend, revoke, or refuse to renew any 28 |
---|
232 | 235 | | license issued under this Article, in accordance with the provisions of G.S. 93B-8.1 and Article 29 |
---|
233 | 236 | | 3A of Chapter 150B of the General Statutes, for any one or more of the following causes: 30 |
---|
234 | 237 | | … 31 |
---|
235 | 238 | | (6) Having been convicted of a any felony or of a misdemeanor involving 32 |
---|
236 | 239 | | dishonesty, a breach of trust, or moral turpitude.dishonesty or a breach of trust. 33 |
---|
237 | 240 | | …." 34 |
---|
238 | 241 | | SECTION 4.(b) G.S. 58-58-215 reads as rewritten: 35 |
---|
239 | 242 | | "§ 58-58-215. License revocation and denial. 36 |
---|
240 | 243 | | The Commissioner may suspend, revoke, or refuse to issue or renew the license of a provider 37 |
---|
241 | 244 | | or broker if the Commissioner finds that:any of the following: 38 |
---|
242 | 245 | | … 39 |
---|
243 | 246 | | (4) The Subject to G.S. 93B-8.1, the licensee or any officer, partner, member, or 40 |
---|
244 | 247 | | key management personnel has been found guilty of, or has pleaded guilty or 41 |
---|
245 | 248 | | nolo contendere to, any felony, felony or to a misdemeanor involving fraud or 42 |
---|
246 | 249 | | moral turpitude, fraud, regardless of whether a judgment of conviction has 43 |
---|
247 | 250 | | been entered by the court; 44 |
---|
248 | 251 | | …." 45 |
---|
249 | 252 | | SECTION 4.(c) G.S. 58-71-80 reads as rewritten: 46 |
---|
250 | 253 | | "§ 58-71-80. Grounds for denial, suspension, probation, revocation, or nonrenewal of 47 |
---|
251 | 254 | | licenses. 48 |
---|
252 | 255 | | (a) The Commissioner may deny, place on probation, suspend, revoke, or refuse to renew 49 |
---|
253 | 256 | | any license issued under this Article, in accordance with the provisions of G.S. 93B-8.1 and 50 |
---|
254 | 257 | | Article 3A of Chapter 150B of the General Statutes, for any one or more of the following causes: 51 General Assembly Of North Carolina Session 2025 |
---|
256 | 259 | | … 1 |
---|
257 | 260 | | (6) Conviction of a crime involving dishonesty, breach of trust, or moral 2 |
---|
258 | 261 | | turpitude.dishonesty or breach of trust. 3 |
---|
259 | 262 | | …." 4 |
---|
260 | 263 | | SECTION 4.(d) G.S. 143-151.56 reads as rewritten: 5 |
---|
261 | 264 | | "§ 143-151.56. Suspension, revocation, and refusal to renew license. 6 |
---|
262 | 265 | | (a) The Board may deny or refuse to issue or renew a license, may suspend or revoke a 7 |
---|
263 | 266 | | license, or may impose probationary conditions on a license if the license holder or applicant for 8 |
---|
264 | 267 | | licensure has engaged in any of the following conduct: 9 |
---|
265 | 268 | | … 10 |
---|
266 | 269 | | (5) Been Subject to G.S. 93B-8.1, been convicted of or pled guilty or nolo 11 |
---|
267 | 270 | | contendere to any misdemeanor involving moral turpitude or to any felony.a 12 |
---|
268 | 271 | | felony or misdemeanor. 13 |
---|
269 | 272 | | …." 14 |
---|
270 | 273 | | SECTION 5.(a) G.S. 66-234 reads as rewritten: 15 |
---|
271 | 274 | | "§ 66-234. Registration of membership camping operator. 16 |
---|
272 | 275 | | (a) The application for registration shall be on a form prescribed by the Secretary of State 17 |
---|
273 | 276 | | and shall include the following: 18 |
---|
274 | 277 | | … 19 |
---|
275 | 278 | | (12) A brief description of the membership camping operator's experience in the 20 |
---|
276 | 279 | | membership camping business, including the length of time such the operator 21 |
---|
277 | 280 | | has been in the membership camping business; business and a statement 22 |
---|
278 | 281 | | detailing whether the applicant within the past five years has been convicted 23 |
---|
279 | 282 | | of any misdemeanor or felony involving theft, fraud, dishonesty, or moral 24 |
---|
280 | 283 | | turpitude, or dishonesty, or whether the applicant has been enjoined from, had 25 |
---|
281 | 284 | | any civil penalty assessed for, or been found to have engaged in any violation 26 |
---|
282 | 285 | | of any law designed to protect consumers. If the applicant is a corporation, 27 |
---|
283 | 286 | | this statement shall be provided for each officer of the corporation. 28 |
---|
284 | 287 | | …." 29 |
---|
285 | 288 | | SECTION 5.(b) G.S. 66-237 reads as rewritten: 30 |
---|
286 | 289 | | "§ 66-237. Registration of salespersons. 31 |
---|
287 | 290 | | (a) It shall be is unlawful for any salesperson to offer to sell any membership camping 32 |
---|
288 | 291 | | contract in this State unless he the salesperson is registered with the Secretary of State. The 33 |
---|
289 | 292 | | application of a salesperson for registration shall be on a form prescribed by the Secretary of 34 |
---|
290 | 293 | | State and shall include both of the following: 35 |
---|
291 | 294 | | (1) A statement detailing whether the applicant within the past five years has been 36 |
---|
292 | 295 | | convicted of any misdemeanor or felony involving theft, fraud, dishonesty, or 37 |
---|
293 | 296 | | moral turpitude, or dishonesty, or whether the applicant has been enjoined 38 |
---|
294 | 297 | | from, had any civil penalty assessed for, or been found to have engaged in any 39 |
---|
295 | 298 | | violation of any law designed to protect consumers, andconsumers. 40 |
---|
296 | 299 | | (2) A statement describing the applicant's employment history for the past five 41 |
---|
297 | 300 | | years and whether any termination of employment during the last five years 42 |
---|
298 | 301 | | was occasioned by any theft, fraud, or act of dishonesty. 43 |
---|
299 | 302 | | …." 44 |
---|
300 | 303 | | SECTION 5.(c) G.S. 78C-89 reads as rewritten: 45 |
---|
301 | 304 | | "§ 78C-89. Registration as athlete agent; form; requirements. 46 |
---|
302 | 305 | | (a) An individual seeking registration as an athlete agent shall submit an application for 47 |
---|
303 | 306 | | registration to the Secretary of State in a form prescribed by the Secretary of State. The 48 |
---|
304 | 307 | | application must be in the name of an individual and, except as otherwise provided in subsection 49 |
---|
305 | 308 | | (b) of this section, signed or otherwise authenticated by the applicant under penalty of perjury 50 |
---|
306 | 309 | | and must state or contain the following: 51 General Assembly Of North Carolina Session 2025 |
---|
308 | 311 | | … 1 |
---|
309 | 312 | | (8) Whether the applicant or any person named under subdivision (7) of this 2 |
---|
310 | 313 | | subsection has been convicted of a crime that, if committed in this State, 3 |
---|
311 | 314 | | would be a crime involving moral turpitude or a felony and identify the 4 |
---|
312 | 315 | | crime.a misdemeanor involving theft, fraud, or dishonesty, or a felony. 5 |
---|
313 | 316 | | …." 6 |
---|
314 | 317 | | SECTION 5.(d) G.S. 78C-90 reads as rewritten: 7 |
---|
315 | 318 | | "§ 78C-90. Certificate of registration; issuance or denial; renewal. 8 |
---|
316 | 319 | | … 9 |
---|
317 | 320 | | (b) The Secretary of State may refuse to issue a certificate of registration if the Secretary 10 |
---|
318 | 321 | | of State determines that the applicant has engaged in conduct that has a significant adverse effect 11 |
---|
319 | 322 | | on the applicant's fitness to act as an athlete agent. In making the determination, the Secretary of 12 |
---|
320 | 323 | | State may consider whether the applicant has:has done any of the following: 13 |
---|
321 | 324 | | (1) Been convicted of a crime that, if committed in this State, would be a crime 14 |
---|
322 | 325 | | involving moral turpitude or a felony.Subject to G.S. 93B-8.1, been convicted 15 |
---|
323 | 326 | | of a misdemeanor involving theft, fraud, or dishonesty, or a felony. 16 |
---|
324 | 327 | | …." 17 |
---|
325 | 328 | | SECTION 6.(a) G.S. 74D-2 reads as rewritten: 18 |
---|
326 | 329 | | "§ 74D-2. License requirements. 19 |
---|
327 | 330 | | … 20 |
---|
328 | 331 | | (d) Criminal Record Check. – An applicant must meet all of the following requirements 21 |
---|
329 | 332 | | and qualifications determined by a background investigation conducted by the Board in 22 |
---|
330 | 333 | | accordance with G.S. 74D-2.1 and upon receipt of an application: 23 |
---|
331 | 334 | | (1) The applicant is at least 18 years of age. 24 |
---|
332 | 335 | | (2) The applicant is of good moral character and temperate habits. The following 25 |
---|
333 | 336 | | shall be prima facie evidence that the applicant does not have good moral 26 |
---|
334 | 337 | | character or temperate habits: conviction by any local, State, federal, or 27 |
---|
335 | 338 | | military court of any crime involving the illegal use, carrying, or possession 28 |
---|
336 | 339 | | of a firearm; conviction of any crime involving the illegal use, possession, 29 |
---|
337 | 340 | | sale, manufacture, distribution or transportation of a controlled substance, 30 |
---|
338 | 341 | | drug, narcotic, or alcoholic beverages; conviction of a crime involving 31 |
---|
339 | 342 | | felonious assault or an act of violence; conviction of a crime involving 32 |
---|
340 | 343 | | unlawful breaking or entering, burglary, larceny, or of any offense involving 33 |
---|
341 | 344 | | moral turpitude; or larceny; or a history of addiction to alcohol or a narcotic 34 |
---|
342 | 345 | | drug; provided that, for drug. For purposes of this subsection, subdivision, 35 |
---|
343 | 346 | | "conviction" means and includes the entry of a plea of guilty, plea of no 36 |
---|
344 | 347 | | contest, or a guilty verdict rendered in open court by a judge or jury. 37 |
---|
345 | 348 | | (3) The applicant has the necessary training, qualifications qualifications, and 38 |
---|
346 | 349 | | experience to be licensed. 39 |
---|
347 | 350 | | …." 40 |
---|
348 | 351 | | SECTION 6.(b) G.S. 74D-6 reads as rewritten: 41 |
---|
349 | 352 | | "§ 74D-6. Denial of a license or registration. 42 |
---|
350 | 353 | | Upon a finding that the applicant meets the requirements for licensure or registration under 43 |
---|
351 | 354 | | this Chapter, the Board shall determine whether the applicant shall receive the license or 44 |
---|
352 | 355 | | registration applied for. The grounds for denial include:Subject to the requirements of 45 |
---|
353 | 356 | | G.S. 93B-8.1 and Article 3A of Chapter 150B of the General Statutes, the Board may deny 46 |
---|
354 | 357 | | licensure on any of the following grounds: 47 |
---|
355 | 358 | | (1) Commission of some act which, that, if committed by a registrant or licensee, 48 |
---|
356 | 359 | | would be grounds for the suspension or revocation of a registration or license 49 |
---|
357 | 360 | | under this Chapter;Chapter. 50 |
---|
358 | 361 | | (2) Conviction of a crime involving fraud;fraud. 51 General Assembly Of North Carolina Session 2025 |
---|
360 | 363 | | (3) Lack of good moral character or temperate habits. The following shall be is 1 |
---|
361 | 364 | | prima facie evidence that the applicant does not have good moral character or 2 |
---|
362 | 365 | | temperate habits: conviction by any local, State, federal, or military court of 3 |
---|
363 | 366 | | any crime involving the illegal use, carrying, or possession of a firearm; 4 |
---|
364 | 367 | | conviction of any crime involving the illegal use, possession, sale, 5 |
---|
365 | 368 | | manufacture, distribution, or transportation of a controlled substance, drug, 6 |
---|
366 | 369 | | narcotic, or alcoholic beverages; conviction of a crime involving felonious 7 |
---|
367 | 370 | | assault or an act of violence; conviction of a crime involving unlawful 8 |
---|
368 | 371 | | breaking or entering, burglary or larceny or of any offense involving moral 9 |
---|
369 | 372 | | turpitude; burglary, or larceny; or a history of addiction to alcohol or a narcotic 10 |
---|
370 | 373 | | drug; provided that, for drug. For purposes of this subsection subdivision, 11 |
---|
371 | 374 | | "conviction" means and includes the entry of a plea of guilty, plea of no 12 |
---|
372 | 375 | | contest, or a guilty verdict rendered in open court by a judge or jury;jury. 13 |
---|
373 | 376 | | (4) Previous denial under this Chapter or previous revocation for cause;cause. 14 |
---|
374 | 377 | | (5) Knowingly making any false statement or misrepresentation in an application 15 |
---|
375 | 378 | | made to the Board for a license or registration." 16 |
---|
376 | 379 | | SECTION 6.(c) G.S. 74D-10 reads as rewritten: 17 |
---|
377 | 380 | | "§ 74D-10. Suspension or revocation of licenses and registrations; appeal. 18 |
---|
378 | 381 | | (a) The Board may, after notice and an opportunity for hearing, suspend or revoke a 19 |
---|
379 | 382 | | license or registration issued under this Chapter if it is determined that the licensee or registrant 20 |
---|
380 | 383 | | has:has done any of the following: 21 |
---|
381 | 384 | | … 22 |
---|
382 | 385 | | (4) Been Subject to G.S. 93B-8.1, been convicted of any crime involving moral 23 |
---|
383 | 386 | | turpitude or any other crime involving violence or the illegal use, carrying, or 24 |
---|
384 | 387 | | possession of a dangerous weapon. 25 |
---|
385 | 388 | | …." 26 |
---|
386 | 389 | | SECTION 7. G.S. 83A-15 reads as rewritten: 27 |
---|
387 | 390 | | "§ 83A-15. Denial, suspension suspension, or revocation of license. 28 |
---|
388 | 391 | | (a) The Board shall have the power to suspend or revoke may suspend, revoke, or deny 29 |
---|
389 | 392 | | a license or certificate of registration of an architect or a registration of an interior designer, to 30 |
---|
390 | 393 | | deny a license or certificate of registration of an architect or a registration of an interior designer, 31 |
---|
391 | 394 | | designer or to may reprimand or levy a civil penalty not in excess of five hundred dollars 32 |
---|
392 | 395 | | ($500.00) per violation against any registrant who is found guilty of:of any of the following: 33 |
---|
393 | 396 | | … 34 |
---|
394 | 397 | | (3) Unprofessional conduct, including but not limited to: 35 |
---|
395 | 398 | | … 36 |
---|
396 | 399 | | d. Willfully violating this Chapter or any rule or standard of conduct 37 |
---|
397 | 400 | | published by the Board, or pleading guilty or nolo contendere to a 38 |
---|
398 | 401 | | felony or any crime involving moral turpitude.Board. 39 |
---|
399 | 402 | | … 40 |
---|
400 | 403 | | g. Subject to G.S. 93B-8.1, being convicted of or pleading guilty or nolo 41 |
---|
401 | 404 | | contendere to a felony or misdemeanor. 42 |
---|
402 | 405 | | …." 43 |
---|
403 | 406 | | SECTION 8.(a) G.S. 85B-3.2 reads as rewritten: 44 |
---|
404 | 407 | | "§ 85B-3.2. Criminal history record checks of applicants for licensure. 45 |
---|
405 | 408 | | … 46 |
---|
406 | 409 | | (d) If the applicant's verified criminal history record check reveals one or more 47 |
---|
407 | 410 | | convictions of a crime that is punishable as a felony offense, or the conviction of any crime 48 |
---|
408 | 411 | | misdemeanor involving fraud or moral turpitude, fraud, the Commission may deny the applicant's 49 |
---|
409 | 412 | | license. However, the conviction does not automatically prohibit licensure, and the following 50 General Assembly Of North Carolina Session 2025 |
---|
411 | 414 | | factors listed in G.S. 93B-8.1(b1) shall be considered by the Commission in determining whether 1 |
---|
412 | 415 | | to deny licensure:licensure. 2 |
---|
413 | 416 | | (1) The level and seriousness of the crime. 3 |
---|
414 | 417 | | (2) The date of the crime. 4 |
---|
415 | 418 | | (3) The age of the person at the time of the crime. 5 |
---|
416 | 419 | | (4) The circumstances surrounding the commission of the crime, if known. 6 |
---|
417 | 420 | | (5) The nexus between the criminal conduct of the applicant and the applicant's 7 |
---|
418 | 421 | | duties as an auctioneer, apprentice auctioneer, or auction firm. 8 |
---|
419 | 422 | | (6) The prison, jail, probation, parole, rehabilitation, and employment records of 9 |
---|
420 | 423 | | the applicant since the date the crime was committed. 10 |
---|
421 | 424 | | (7) The subsequent commission by the person of a crime. 11 |
---|
422 | 425 | | …." 12 |
---|
423 | 426 | | SECTION 8.(b) G.S. 85B-4 reads as rewritten: 13 |
---|
424 | 427 | | "§ 85B-4. Licenses required. 14 |
---|
425 | 428 | | … 15 |
---|
426 | 429 | | (b) No person shall be licensed as an apprentice auctioneer, auctioneer, or receive an 16 |
---|
427 | 430 | | auction firm license if any of the following apply to the person: 17 |
---|
428 | 431 | | … 18 |
---|
429 | 432 | | (3) Has Subject to G.S. 93B-8.1, has within the preceding five years pleaded 19 |
---|
430 | 433 | | guilty to, entered a plea of nolo contendere or contendere, or been convicted 20 |
---|
431 | 434 | | of any felony, or committed or been convicted of any act involving fraud or 21 |
---|
432 | 435 | | moral turpitude.fraud. 22 |
---|
433 | 436 | | …." 23 |
---|
434 | 437 | | SECTION 8.(c) G.S. 85B-8 reads as rewritten: 24 |
---|
435 | 438 | | "§ 85B-8. Prohibited acts; assessment of civil penalty; denial, suspension, or revocation of 25 |
---|
436 | 439 | | license. 26 |
---|
437 | 440 | | (a) The following shall be are grounds for the assessment of a civil penalty in accordance 27 |
---|
438 | 441 | | with G.S. 85B-3.1(b) or the denial, suspension, or revocation of an auctioneer, auctioneer 28 |
---|
439 | 442 | | apprentice, or auction firm license: 29 |
---|
440 | 443 | | … 30 |
---|
441 | 444 | | (9) The Subject to G.S. 93B-8.1, the commission or conviction of a crime that is 31 |
---|
442 | 445 | | punishable as a felony offense under the laws of North Carolina or the laws of 32 |
---|
443 | 446 | | the jurisdiction where committed or convicted, convicted or the commission 33 |
---|
444 | 447 | | of any act involving fraud or moral turpitude.fraud. 34 |
---|
445 | 448 | | …." 35 |
---|
446 | 449 | | SECTION 9. G.S. 87-47 reads as rewritten: 36 |
---|
447 | 450 | | "§ 87-47. Penalties imposed by Board; enforcement procedures. 37 |
---|
448 | 451 | | … 38 |
---|
449 | 452 | | (a1) The following activities are prohibited: 39 |
---|
450 | 453 | | … 40 |
---|
451 | 454 | | (4) Being convicted of a crime involving fraud or moral turpitude.that is violent 41 |
---|
452 | 455 | | or sexual in nature. 42 |
---|
453 | 456 | | …." 43 |
---|
454 | 457 | | SECTION 10. G.S. 89C-21 reads as rewritten: 44 |
---|
455 | 458 | | "§ 89C-21. Disciplinary action – Reexamination, reexamination, revocation, suspension, 45 |
---|
456 | 459 | | reprimand, or civil penalty. 46 |
---|
457 | 460 | | (a) The Board may reprimand the licensee, suspend, refuse to renew, refuse to reinstate, 47 |
---|
458 | 461 | | or revoke the certificate of licensure, require additional education or, as appropriate, require 48 |
---|
459 | 462 | | reexamination, for any engineer or land surveyor, who is found guilty of any of the following: 49 |
---|
460 | 463 | | … 50 General Assembly Of North Carolina Session 2025 |
---|
462 | 465 | | (3) Conviction Subject to G.S. 93B-8.1, conviction of, or entry of a plea of guilty 1 |
---|
463 | 466 | | or nolo contendere to, any crime that is a felony, whether or not related to the 2 |
---|
464 | 467 | | practice of engineering or surveying; conviction of, or entry of a plea of guilty 3 |
---|
465 | 468 | | or nolo contendere to, any crime, whether a felony, misdemeanor, or 4 |
---|
466 | 469 | | otherwise, where an essential element of the crime is dishonesty or when the 5 |
---|
467 | 470 | | crime is directly related to the practice of engineering or surveying; or 6 |
---|
468 | 471 | | conviction of, or entry of a plea of guilty or nolo contendere, of any crime 7 |
---|
469 | 472 | | involving moral turpitude.crime. 8 |
---|
470 | 473 | | …." 9 |
---|
471 | 474 | | SECTION 11. G.S. 90-14 reads as rewritten: 10 |
---|
472 | 475 | | "§ 90-14. Disciplinary Authority.authority. 11 |
---|
473 | 476 | | (a) The Board shall have the power to may place on probation with or without conditions, 12 |
---|
474 | 477 | | impose limitations and conditions on, conditions, publicly reprimand, assess monetary redress, 13 |
---|
475 | 478 | | issue public letters of concern, mandate free medical services, require satisfactory completion of 14 |
---|
476 | 479 | | treatment programs or remedial or educational training, fine, or deny, annul, suspend, or revoke 15 |
---|
477 | 480 | | a license, license or other authority to practice medicine in this State, issued by the Board to any 16 |
---|
478 | 481 | | person who has been found by the Board to have committed any of the following acts or conduct, 17 |
---|
479 | 482 | | or for any of the following reasons:State on any of the following grounds: 18 |
---|
480 | 483 | | … 19 |
---|
481 | 484 | | (7) Conviction in any court of a crime involving moral turpitude, or the The 20 |
---|
482 | 485 | | violation of a law involving the practice of medicine, medicine or a conviction 21 |
---|
483 | 486 | | of a felony; provided that a felony conviction shall be treated felony as 22 |
---|
484 | 487 | | provided in subsection (c) of this section. 23 |
---|
485 | 488 | | … 24 |
---|
486 | 489 | | (c) Except as provided in subsection (c1) of this section, section and subject to 25 |
---|
487 | 490 | | G.S. 93B-8.1, a felony conviction shall result in the automatic revocation of a license issued by 26 |
---|
488 | 491 | | the Board, Board unless the Board orders otherwise or receives a request for a hearing from the 27 |
---|
489 | 492 | | person licensee within 60 days of the licensee receiving notice from the Board, after the 28 |
---|
490 | 493 | | conviction, of the provisions of this subsection. If the Board receives a timely request for a 29 |
---|
491 | 494 | | hearing in such a case, the provisions of G.S. 90-14.2 shall be followed.a hearing, the hearing 30 |
---|
492 | 495 | | shall be conducted in accordance with G.S. 90-14.2. 31 |
---|
493 | 496 | | …." 32 |
---|
494 | 497 | | SECTION 12.(a) G.S. 90-30 reads as rewritten: 33 |
---|
495 | 498 | | "§ 90-30. Examination and licensing of applicants; qualifications; causes for refusal to 34 |
---|
496 | 499 | | grant license; void licenses. 35 |
---|
497 | 500 | | (a) The North Carolina State Board of Dental Examiners shall grant licenses to practice 36 |
---|
498 | 501 | | dentistry to such applicants who are graduates of a reputable dental institution, institution and 37 |
---|
499 | 502 | | who, in the opinion of a majority of the Board, shall undergo a satisfactory examination of 38 |
---|
500 | 503 | | proficiency in the knowledge and practice of dentistry, subject, however, to the further provisions 39 |
---|
501 | 504 | | of this section and of the provisions dentistry and meet the other requirements of this Article. 40 |
---|
502 | 505 | | The applicant for a license to practice dentistry shall be of good moral character, at least 18 41 |
---|
503 | 506 | | years of age at the time the application is filed. The application for a dental license shall be made 42 |
---|
504 | 507 | | to the Board in writing and shall be accompanied by evidence satisfactory to the Board that the 43 |
---|
505 | 508 | | applicant is meets the following standards: 44 |
---|
506 | 509 | | (1) Is a person of good moral character, has an character. 45 |
---|
507 | 510 | | (2) Meets the academic education, the standard of which shall be determined by 46 |
---|
508 | 511 | | the Board; that the applicant is education standard of the Board. 47 |
---|
509 | 512 | | (3) Is a graduate of and has a diploma from a reputable dental college or the dental 48 |
---|
510 | 513 | | department of a reputable university or college recognized, accredited 49 |
---|
511 | 514 | | accredited, and approved as such by the Board; and that the applicant has 50 |
---|
512 | 515 | | passed Board. 51 General Assembly Of North Carolina Session 2025 |
---|
514 | 517 | | (4) Passes a clinical licensing examination, the standard of which shall be 1 |
---|
515 | 518 | | determined by the Board.examination approved by the Board. 2 |
---|
516 | 519 | | (a1) The North Carolina State Board of Dental Examiners is authorized to may conduct 3 |
---|
517 | 520 | | both written or oral and clinical examinations or to and written or oral examinations or may 4 |
---|
518 | 521 | | accept the results of other Board-approved regional or national independent third-party clinical 5 |
---|
519 | 522 | | examinations that shall examinations. The Board shall only approve third-party clinical 6 |
---|
520 | 523 | | examinations that include procedures performed on either human subjects or an approved 7 |
---|
521 | 524 | | alternative, including manikins that simulate human subjects, as part of the assessment of 8 |
---|
522 | 525 | | restorative clinical competencies and that are determined by the Board to be of such a character 9 |
---|
523 | 526 | | as to that thoroughly test tests the qualifications of the applicant, and applicant. The Board may 10 |
---|
524 | 527 | | refuse to grant a license to any person who, in its discretion, is found deficient in the examination. 11 |
---|
525 | 528 | | The Board may refuse to grant a license to any person guilty of cheating, deception deception, or 12 |
---|
526 | 529 | | fraud during the examination, or whose examination discloses to the satisfaction of the Board, a 13 |
---|
527 | 530 | | deficiency in academic or clinical education. examination. The Board may employ such qualified 14 |
---|
528 | 531 | | dentists found qualified therefor by the Board, in examining applicants for licenses as it deems 15 |
---|
529 | 532 | | appropriate. 16 |
---|
530 | 533 | | The North Carolina State Board of Dental Examiners may refuse to grant a license to any 17 |
---|
531 | 534 | | person guilty of a crime involving moral turpitude, or gross immorality, or to any person addicted 18 |
---|
532 | 535 | | to the use of alcoholic liquors or narcotic drugs to such an extent as, in the opinion of the Board, 19 |
---|
533 | 536 | | renders the applicant unfit to practice dentistry. 20 |
---|
534 | 537 | | Any license obtained through fraud or by any false representation shall be void ab initio and 21 |
---|
535 | 538 | | of no effect.is void ab initio. 22 |
---|
536 | 539 | | …." 23 |
---|
537 | 540 | | SECTION 12.(b) G.S. 90-41 reads as rewritten: 24 |
---|
538 | 541 | | "§ 90-41. Disciplinary action. 25 |
---|
539 | 542 | | (a) The North Carolina State Board of Dental Examiners shall have the power and 26 |
---|
540 | 543 | | authority to may (i) Refuse refuse to issue a license to practice dentistry; (ii) Refuse refuse to 27 |
---|
541 | 544 | | issue a certificate of renewal of a license to practice dentistry; (iii) Revoke revoke or suspend a 28 |
---|
542 | 545 | | license to practice dentistry; and (iv) Invoke such invoke other disciplinary measures, censure, 29 |
---|
543 | 546 | | or probative probationary terms against a licensee as it deems fit and proper; in any instance or 30 |
---|
544 | 547 | | instances in which if the Board is satisfied that such applicant or licensee:any of the following 31 |
---|
545 | 548 | | applies to the applicant or licensee: 32 |
---|
546 | 549 | | … 33 |
---|
547 | 550 | | (3) Has been convicted of any of the criminal provisions of this Article or has 34 |
---|
548 | 551 | | entered a plea of guilty or nolo contendere to any charge or charges arising 35 |
---|
549 | 552 | | therefrom; 36 |
---|
550 | 553 | | (4) Has Subject to G.S. 93B-8.1, has been convicted of or entered a plea of guilty 37 |
---|
551 | 554 | | or nolo contendere to any felony charge or to any misdemeanor charge 38 |
---|
552 | 555 | | involving moral turpitude;a felony or misdemeanor; 39 |
---|
553 | 556 | | (5) Has been convicted of or entered a plea of guilty or nolo contendere to any 40 |
---|
554 | 557 | | charge of violation of any state or federal narcotic or barbiturate law; 41 |
---|
555 | 558 | | … 42 |
---|
556 | 559 | | (7) Is mentally, emotionally, or physically unfit to practice dentistry or is afflicted 43 |
---|
557 | 560 | | with such a physical or mental disability as to be deemed dangerous to the 44 |
---|
558 | 561 | | health and welfare of his patients. An adjudication of mental incompetency in 45 |
---|
559 | 562 | | a court of competent jurisdiction or a determination thereof by other lawful 46 |
---|
560 | 563 | | means shall be is conclusive proof of unfitness to practice dentistry unless or 47 |
---|
561 | 564 | | until such person shall have been subsequently lawfully declared to be 48 |
---|
562 | 565 | | mentally competent;a legal determination of mental competence is 49 |
---|
563 | 566 | | subsequently declared; 50 |
---|
564 | 567 | | …." 51 General Assembly Of North Carolina Session 2025 |
---|
566 | 569 | | SECTION 12.(c) G.S. 90-229 reads as rewritten: 1 |
---|
567 | 570 | | "§ 90-229. Disciplinary measures. 2 |
---|
568 | 571 | | (a) The North Carolina State Board of Dental Examiners shall have the power and 3 |
---|
569 | 572 | | authority to may (i) Refuse refuse to issue a license to practice dental hygiene; (ii) Refuse refuse 4 |
---|
570 | 573 | | to issue a certificate of renewal to practice dental hygiene; (iii) Revoke revoke or suspend a 5 |
---|
571 | 574 | | license to practice dental hygiene; [and] and (iv) Invoke such invoke other disciplinary measures, 6 |
---|
572 | 575 | | censure or probative probationary terms against a licensee as it deems proper; in any instance or 7 |
---|
573 | 576 | | instances in which if the Board is satisfied that such applicant or licensee:any of the following 8 |
---|
574 | 577 | | applies to the applicant or licensee: 9 |
---|
575 | 578 | | … 10 |
---|
576 | 579 | | (2) Has been convicted of any of the criminal provisions of this Article or has 11 |
---|
577 | 580 | | entered a plea of guilty or nolo contendere to any charge or charges arising 12 |
---|
578 | 581 | | therefrom; 13 |
---|
579 | 582 | | (3) Has Subject to G.S. 93B-8.1, has been convicted of or entered a plea of guilty 14 |
---|
580 | 583 | | or nolo contendere to any felony charge or to any misdemeanor charge 15 |
---|
581 | 584 | | involving moral turpitude;a felony or misdemeanor; 16 |
---|
582 | 585 | | …." 17 |
---|
583 | 586 | | SECTION 13.(a) G.S. 90-102.1 reads as rewritten: 18 |
---|
584 | 587 | | "§ 90-102.1. Registration of persons requiring limited use of controlled substances for 19 |
---|
585 | 588 | | training purposes in certain businesses. 20 |
---|
586 | 589 | | … 21 |
---|
587 | 590 | | (c) Prerequisites for Registration. – Upon receipt of an application, the Department of 22 |
---|
588 | 591 | | Health and Human Services shall conduct a background investigation, during the course of which 23 |
---|
589 | 592 | | the applicant shall be required to show that the applicant meets all the following requirements 24 |
---|
590 | 593 | | and qualifications:qualifications listed in this subsection. For purposes of this subsection, 25 |
---|
591 | 594 | | conviction means the entry of a plea of guilty or no contest or a guilty verdict rendered in open 26 |
---|
592 | 595 | | court by a judge or jury. The requirements are as follows: 27 |
---|
593 | 596 | | (1) That the applicant is at least 21 years of age. 28 |
---|
594 | 597 | | (2) That the applicant is of good moral character and temperate habits. The Any 29 |
---|
595 | 598 | | of the following shall be is prima facie evidence that the applicant does not 30 |
---|
596 | 599 | | have good moral character or temperate habits: 31 |
---|
597 | 600 | | a. Conviction of any crime involving the illegal use, possession, sale, 32 |
---|
598 | 601 | | manufacture, distribution, or transportation of a controlled substance, 33 |
---|
599 | 602 | | drug, narcotic, or alcoholic beverage;beverage. 34 |
---|
600 | 603 | | b. Conviction of a felony or a crime involving an act of 35 |
---|
601 | 604 | | violence;violence. 36 |
---|
602 | 605 | | c. Conviction of a crime involving unlawful breaking or entering, 37 |
---|
603 | 606 | | burglary, larceny, or any offense involving moral turpitude; oror 38 |
---|
604 | 607 | | larceny. 39 |
---|
605 | 608 | | d. A history of addiction to alcohol or a narcotic drug;drug. 40 |
---|
606 | 609 | | provided that, for purposes of this subsection, conviction means and includes 41 |
---|
607 | 610 | | the entry of a plea of guilty or no contest or a verdict rendered in open court 42 |
---|
608 | 611 | | by a judge or jury. 43 |
---|
609 | 612 | | (3) That the applicant has not been convicted of any felony involving the illegal 44 |
---|
610 | 613 | | use, possession, sale, manufacture, distribution, or transportation of a 45 |
---|
611 | 614 | | controlled substance, drug, narcotic, or alcoholic beverage. 46 |
---|
612 | 615 | | (4) That the applicant has the necessary training, qualifications, and experience to 47 |
---|
613 | 616 | | demonstrate competency and fitness as a dog handler as the Department of 48 |
---|
614 | 617 | | Health and Human Services may determine by rule for all registrations to be 49 |
---|
615 | 618 | | approved by the Department. 50 General Assembly Of North Carolina Session 2025 |
---|
617 | 620 | | (5) That the applicant affirms in writing that if the application for registration is 1 |
---|
618 | 621 | | approved, the applicant shall report all dog alerts to, or finds of, any controlled 2 |
---|
619 | 622 | | substance to a law enforcement agency having jurisdiction in the area where 3 |
---|
620 | 623 | | the dog alert occurs or where the controlled substance is found. 4 |
---|
621 | 624 | | … 5 |
---|
622 | 625 | | (j) Enforcement. – The Department of Health and Human Services shall have the power 6 |
---|
623 | 626 | | to may investigate or cause to be investigated any complaints, allegations, or suspicions of 7 |
---|
624 | 627 | | wrongdoing or violations of this section involving individuals registered or applying to be 8 |
---|
625 | 628 | | registered under this section. The In accordance with G.S. 93B-8.1 and Article 3 of Chapter 150B 9 |
---|
626 | 629 | | of the General Statutes, the Department or the Commission may deny, suspend, or revoke a 10 |
---|
627 | 630 | | registration issued under this section if it is determined that the applicant or registrant has:has 11 |
---|
628 | 631 | | done any of the following: 12 |
---|
629 | 632 | | (1) Made any false statement or given any false information in connection with 13 |
---|
630 | 633 | | any application for a registration or for the renewal or reinstatement of a 14 |
---|
631 | 634 | | registration. 15 |
---|
632 | 635 | | (2) Violated any provision of this Article. 16 |
---|
633 | 636 | | (3) Violated any rule promulgated by the Department of Health and Human 17 |
---|
634 | 637 | | Services or the Commission for Mental Health, Developmental Disabilities, 18 |
---|
635 | 638 | | and Substance Abuse Services pursuant to the authority contained in this 19 |
---|
636 | 639 | | Article. 20 |
---|
637 | 640 | | …." 21 |
---|
638 | 641 | | SECTION 13.(b) G.S. 90A-64 reads as rewritten: 22 |
---|
639 | 642 | | "§ 90A-64. Suspensions and revocations of certificates. 23 |
---|
640 | 643 | | (a) The Board shall have the power to may refuse to grant, grant or may suspend or 24 |
---|
641 | 644 | | revoke, revoke any certificate issued under provisions of this Article for any of the causes 25 |
---|
642 | 645 | | hereafter enumerated, following reasons, as determined by the Board: 26 |
---|
643 | 646 | | … 27 |
---|
644 | 647 | | (9) Conviction in any court of a crime involving moral turpitude or conviction of 28 |
---|
645 | 648 | | a felony;Subject to G.S. 93B-8.1, conviction of a felony or misdemeanor; 29 |
---|
646 | 649 | | … 30 |
---|
647 | 650 | | (a1) A registered environmental health specialist or registered environmental health 31 |
---|
648 | 651 | | specialist intern who is convicted of a felony or a crime of moral turpitude shall report the 32 |
---|
649 | 652 | | conviction to the Board within 30 days from the date of the conviction. A felony conviction shall 33 |
---|
650 | 653 | | result in the automatic suspension of a certificate issued by the Board for 60 days until further 34 |
---|
651 | 654 | | action is taken by the Board. The Board shall immediately begin the hearing process in 35 |
---|
652 | 655 | | accordance with Article 3A of Chapter 150B of the General Statutes. Nothing in this section shall 36 |
---|
653 | 656 | | preclude precludes the Board from taking further action. 37 |
---|
654 | 657 | | …." 38 |
---|
655 | 658 | | SECTION 14. G.S. 90-113.44 reads as rewritten: 39 |
---|
656 | 659 | | "§ 90-113.44. Grounds for disciplinary action. 40 |
---|
657 | 660 | | (a) Grounds for disciplinary action for an applicant or credentialed professional 41 |
---|
658 | 661 | | include:include any of the following: 42 |
---|
659 | 662 | | … 43 |
---|
660 | 663 | | (3) Conviction Subject to G.S. 93B-8.1, conviction of an offense under any 44 |
---|
661 | 664 | | municipal, State, or federal law other than traffic laws as prescribed by 45 |
---|
662 | 665 | | Chapter 20 of the General Statutes. Conviction of a Class A through E felony 46 |
---|
663 | 666 | | shall result in an immediate suspension of licensure, certification, or 47 |
---|
664 | 667 | | registration for a minimum of one year. 48 |
---|
665 | 668 | | (4) Conviction of a felony or other public offense involving moral turpitude. 49 |
---|
666 | 669 | | Conviction of a Class A-E felony shall result in an immediate suspension of 50 |
---|
667 | 670 | | licensure, certification, or registration for a minimum of one year. 51 General Assembly Of North Carolina Session 2025 |
---|
669 | 672 | | …." 1 |
---|
670 | 673 | | SECTION 15. G.S. 90-121.2 reads as rewritten: 2 |
---|
671 | 674 | | "§ 90-121.2. Rules and regulations; Rules; discipline, suspension, revocation revocation, 3 |
---|
672 | 675 | | and regrant of certificate. 4 |
---|
673 | 676 | | (a) The Board shall have the power to make, adopt, and promulgate such rules and 5 |
---|
674 | 677 | | regulations, may adopt rules, including rules of ethics, as may be necessary and proper for the 6 |
---|
675 | 678 | | regulation of the practice of the profession of optometry and for the performance of its duties. 7 |
---|
676 | 679 | | optometry. The Board shall have has jurisdiction and power to hear and determine all complaints, 8 |
---|
677 | 680 | | allegations, charges complaints of malpractice, corrupt or unprofessional conduct, and of the or 9 |
---|
678 | 681 | | violation of the rules and regulations, rules, including rules of ethics, made against any 10 |
---|
679 | 682 | | optometrist licensed to practice in North Carolina. The Board shall also have the power and 11 |
---|
680 | 683 | | authority to: may also (i) refuse to issue a license to practice optometry; (ii) refuse to issue a 12 |
---|
681 | 684 | | certificate of renewal of a license to practice optometry; (iii) revoke or suspend a license to 13 |
---|
682 | 685 | | practice optometry; and (iv) invoke such other disciplinary measures, censure, or probative 14 |
---|
683 | 686 | | probationary terms against a licensee as it deems fit and proper; in any instance or instances in 15 |
---|
684 | 687 | | which if the Board is satisfied that such the applicant or licensee meets any of the following 16 |
---|
685 | 688 | | criteria: 17 |
---|
686 | 689 | | … 18 |
---|
687 | 690 | | (3) Has been convicted of any of the criminal provisions of this Article or has 19 |
---|
688 | 691 | | entered a plea of guilty or nolo contendere to any charge or charges arising 20 |
---|
689 | 692 | | therefrom; 21 |
---|
690 | 693 | | (4) Has Subject to G.S. 93B-8.1, has been convicted of or entered a plea of guilty 22 |
---|
691 | 694 | | or nolo contendere to any felony charge or to any misdemeanor charge 23 |
---|
692 | 695 | | involving moral turpitude;a felony or misdemeanor; 24 |
---|
693 | 696 | | (5) Has been convicted of or entered a plea of guilty or nolo contendere to any 25 |
---|
694 | 697 | | charge of violation of any State or federal narcotic or barbiturate law; 26 |
---|
695 | 698 | | …." 27 |
---|
696 | 699 | | SECTION 16. G.S. 90-154 reads as rewritten: 28 |
---|
697 | 700 | | "§ 90-154. Grounds for professional discipline. 29 |
---|
698 | 701 | | (a) The North Carolina State Board of Chiropractic Examiners may impose any of the 30 |
---|
699 | 702 | | following sanctions, singly or in combination, when it finds that a practitioner or applicant is 31 |
---|
700 | 703 | | guilty of any offense described in subsection (b):(b) of this section: 32 |
---|
701 | 704 | | … 33 |
---|
702 | 705 | | (b) Any one of the following is grounds for disciplinary action by the Board under 34 |
---|
703 | 706 | | subsection (a):(a) of this section: 35 |
---|
704 | 707 | | … 36 |
---|
705 | 708 | | (2) Conviction of a felony or of a crime involving moral turpitude.Subject to 37 |
---|
706 | 709 | | G.S. 93B-8.1, conviction of a felony or misdemeanor. 38 |
---|
707 | 710 | | …." 39 |
---|
708 | 711 | | SECTION 17. G.S. 90-187.8 reads as rewritten: 40 |
---|
709 | 712 | | "§ 90-187.8. Discipline of licensees. 41 |
---|
710 | 713 | | (a) Upon complaint or information, and within the Board's discretion, the Board may 42 |
---|
711 | 714 | | revoke or suspend a license issued under this Article, may otherwise discipline a person licensed 43 |
---|
712 | 715 | | under this Article, or may deny a license required by this Article in accordance with the 44 |
---|
713 | 716 | | provisions of this Article, Board rules, and G.S. 93B-8.1, Chapter 150B of the General Statutes. 45 |
---|
714 | 717 | | Statutes, and Board rules. As used in this section, the word "license" includes a license, a limited 46 |
---|
715 | 718 | | license, a veterinary faculty certificate, a zoo veterinary certificate, and a registration of a 47 |
---|
716 | 719 | | veterinary technician and a veterinary student intern. 48 |
---|
717 | 720 | | … 49 |
---|
718 | 721 | | (c) Grounds for disciplinary action shall include but are not be limited to the following: 50 |
---|
719 | 722 | | … 51 General Assembly Of North Carolina Session 2025 |
---|
721 | 724 | | (5) Conviction of a felony or other public offense involving moral 1 |
---|
722 | 725 | | turpitude.felony or misdemeanor. 2 |
---|
723 | 726 | | …." 3 |
---|
724 | 727 | | SECTION 18. G.S. 90-202.8 reads as rewritten: 4 |
---|
725 | 728 | | "§ 90-202.8. Revocation of certificate; grounds for; suspension of certificate. 5 |
---|
726 | 729 | | (a) The North Carolina State Board of Podiatry Examiners, in accordance with 6 |
---|
727 | 730 | | G.S. 93B-8.1 and Chapter 150B (Administrative Procedure Act) of the General Statutes, shall 7 |
---|
728 | 731 | | have the power and authority to: may (i) refuse to issue a license to practice podiatry; (ii) refuse 8 |
---|
729 | 732 | | to issue a certificate of renewal of a license to practice podiatry; (iii) revoke or suspend a license 9 |
---|
730 | 733 | | to practice podiatry; and (iv) invoke such other disciplinary measures, censure, or probative 10 |
---|
731 | 734 | | probationary terms against a licensee as it deems fit and proper; in any instance or instances in 11 |
---|
732 | 735 | | which if the Board is satisfied that such applicant or licensee:any of the following apply to the 12 |
---|
733 | 736 | | applicant or licensee: 13 |
---|
734 | 737 | | … 14 |
---|
735 | 738 | | (4) Has been convicted of or entered a plea of guilty or nolo contendere to any 15 |
---|
736 | 739 | | felony charge or to any misdemeanor charge involving moral turpitude;felony 16 |
---|
737 | 740 | | or misdemeanor; 17 |
---|
738 | 741 | | …." 18 |
---|
739 | 742 | | SECTION 19.(a) G.S. 90-210.25 reads as rewritten: 19 |
---|
740 | 743 | | "§ 90-210.25. Licensing.Licensing and permitting. 20 |
---|
741 | 744 | | … 21 |
---|
742 | 745 | | (c) Registration, Filing Filing, and Transportation. – 22 |
---|
743 | 746 | | … 23 |
---|
744 | 747 | | (14) The Board may suspend, revoke, or refuse to issue or renew the permit, place 24 |
---|
745 | 748 | | the permittee on a term of probation, or impose a civil penalty not to exceed 25 |
---|
746 | 749 | | five thousand dollars ($5,000) in conjunction with a term of probation or in 26 |
---|
747 | 750 | | lieu instead of other disciplinary action when if it finds that any the person 27 |
---|
748 | 751 | | permitted to transport dead human bodies has engaged in any of the following 28 |
---|
749 | 752 | | acts: 29 |
---|
750 | 753 | | a. Conviction Subject to G.S. 93B-8.1, conviction of a felony felony, or 30 |
---|
751 | 754 | | a crime involving fraud or moral turpitude.fraud. 31 |
---|
752 | 755 | | … 32 |
---|
753 | 756 | | The Board shall have the authority to may determine the length and 33 |
---|
754 | 757 | | conditions of any period of revocation, suspension, refusal to issue or renew, 34 |
---|
755 | 758 | | or probation. 35 |
---|
756 | 759 | | … 36 |
---|
757 | 760 | | (e) Revocation; Suspension; Compromise; Disclosure. – 37 |
---|
758 | 761 | | (1) Whenever the Board finds that an applicant for a license or a person to whom 38 |
---|
759 | 762 | | a license has been issued by the Board is guilty of any of the following acts or 39 |
---|
760 | 763 | | omissions and the Board also finds that the person has thereby become unfit 40 |
---|
761 | 764 | | to practice, the Board may suspend or revoke the license or refuse to issue or 41 |
---|
762 | 765 | | renew the license, in accordance with G.S. 93B-8.1 and the procedures set out 42 |
---|
763 | 766 | | in Chapter 150B of the General Statutes: 43 |
---|
764 | 767 | | a. Conviction of a felony felony, or a crime involving fraud or moral 44 |
---|
765 | 768 | | turpitude.fraud. 45 |
---|
766 | 769 | | … 46 |
---|
767 | 770 | | (2) Where If the Board finds that a licensee is guilty of one or more of the acts or 47 |
---|
768 | 771 | | omissions listed in subdivision (e)(1) (1) of this section subsection but it is 48 |
---|
769 | 772 | | determined by the Board that the licensee has not thereby become unfit to 49 |
---|
770 | 773 | | practice, the Board may place the licensee on a term of probation in 50 |
---|
771 | 774 | | accordance with the procedures set out in Chapter 150B of the General 51 General Assembly Of North Carolina Session 2025 |
---|
773 | 776 | | Statutes. In any case in which the Board is entitled to may place a licensee on 1 |
---|
774 | 777 | | a term of probation, the Board may also impose a penalty of not more than 2 |
---|
775 | 778 | | five thousand dollars ($5,000) in conjunction with the probation. The Board 3 |
---|
776 | 779 | | may also require satisfactory completion of remedial or educational training 4 |
---|
777 | 780 | | as a prerequisite to license reinstatement or for completing completion of the 5 |
---|
778 | 781 | | term of probation. The Board shall have the authority to may determine the 6 |
---|
779 | 782 | | length and conditions of any period of suspension, revocation, probation, or 7 |
---|
780 | 783 | | refusal to issue or renew a license. 8 |
---|
781 | 784 | | …." 9 |
---|
782 | 785 | | SECTION 19.(b) G.S. 90-210.69 reads as rewritten: 10 |
---|
783 | 786 | | "§ 90-210.69. Rulemaking; enforcement of Article; judicial review; determination of 11 |
---|
784 | 787 | | penalty amount. 12 |
---|
785 | 788 | | … 13 |
---|
786 | 789 | | (c) In accordance with the provisions of G.S. 93B-8.1 and Chapter 150B of the General 14 |
---|
787 | 790 | | Statutes, the Board may refuse to issue or renew a license, suspend or revoke a license, or may 15 |
---|
788 | 791 | | place the licensee on probation upon conditions set by the Board, with revocation upon failure to 16 |
---|
789 | 792 | | comply with those conditions, if the Board finds that a licensee, an applicant for a license or an 17 |
---|
790 | 793 | | applicant for license renewal or licensee is guilty of one or more of the following, the Board may 18 |
---|
791 | 794 | | refuse to issue or renew a license or may suspend or revoke a license or place the holder thereof 19 |
---|
792 | 795 | | on probation upon conditions set by the Board, with revocation upon failure to comply with the 20 |
---|
793 | 796 | | conditions:following: 21 |
---|
794 | 797 | | … 22 |
---|
795 | 798 | | (3) A crime involving fraud or moral turpitude by conviction thereof.fraud. 23 |
---|
796 | 799 | | …." 24 |
---|
797 | 800 | | SECTION 19.(c) G.S. 90-210.123 reads as rewritten: 25 |
---|
798 | 801 | | "§ 90-210.123. Licensing and inspection. 26 |
---|
799 | 802 | | … 27 |
---|
800 | 803 | | (g) Whenever the Board finds that an owner, partner, crematory manager, member, 28 |
---|
801 | 804 | | officer, or any crematory technician of a crematory licensee or any applicant to become a 29 |
---|
802 | 805 | | crematory licensee, or that any authorized employee, agent, or representative has violated any 30 |
---|
803 | 806 | | provision of this Article, or is guilty of any of the following acts, and when the Board also finds 31 |
---|
804 | 807 | | that the crematory operator or applicant has thereby become unfit to practice, the Board may 32 |
---|
805 | 808 | | suspend, revoke, or refuse to issue or renew the license, in accordance with Chapter 150B of the 33 |
---|
806 | 809 | | General Statutes:The Board may suspend or revoke a license or refuse to issue or renew a license, 34 |
---|
807 | 810 | | in accordance with G.S. 93B-8.1 and Chapter 150B of the General Statutes, if the Board finds 35 |
---|
808 | 811 | | that an applicant or an owner, partner, crematory manager, member, officer, authorized 36 |
---|
809 | 812 | | employee, agent, representative, or crematory technician of a crematory licensee has become 37 |
---|
810 | 813 | | unfit to practice due to violation of this Article or any of the following: 38 |
---|
811 | 814 | | (1) Conviction of a felony or a crime involving fraud or moral turpitude.fraud. 39 |
---|
812 | 815 | | … 40 |
---|
813 | 816 | | (h) Where If the Board finds a licensee is guilty of one or more of the acts or omissions 41 |
---|
814 | 817 | | listed in subsection (g) of this section but it is determined by the Board that the licensee has not 42 |
---|
815 | 818 | | thereby become unfit to practice, the Board may place the licensee on a term of probation in 43 |
---|
816 | 819 | | accordance with the procedures set out in Chapter 150B of the General Statutes. In any case in 44 |
---|
817 | 820 | | which the Board is entitled to place a licensee on a term of probation, the Board may also impose 45 |
---|
818 | 821 | | a penalty of not more than five thousand dollars ($5,000) in conjunction with the probation. The 46 |
---|
819 | 822 | | Board may determine the length and conditions of any period of probation, suspension, 47 |
---|
820 | 823 | | revocation, or refusal to issue or renew a license. 48 |
---|
821 | 824 | | …." 49 |
---|
822 | 825 | | SECTION 20. G.S. 90-249.1 reads as rewritten: 50 |
---|
823 | 826 | | "§ 90-249.1. Disciplinary actions. 51 General Assembly Of North Carolina Session 2025 |
---|
825 | 828 | | (a) The Board may suspend, revoke, or refuse to issue, renew, or reinstate any license for 1 |
---|
826 | 829 | | any of the following: 2 |
---|
827 | 830 | | … 3 |
---|
828 | 831 | | (8) Being Subject to G.S. 93B-8.1, being convicted of a crime involving fraud or 4 |
---|
829 | 832 | | moral turpitude.fraud. 5 |
---|
830 | 833 | | …." 6 |
---|
831 | 834 | | SECTION 21. G.S. 90-270.60 reads as rewritten: 7 |
---|
832 | 835 | | "§ 90-270.60. Denial, revocation, or suspension of license; other disciplinary or remedial 8 |
---|
833 | 836 | | actions. 9 |
---|
834 | 837 | | (a) The Board may deny, revoke, or suspend licensure, discipline, place on probation, 10 |
---|
835 | 838 | | limit practice, or require examination, remediation, or rehabilitation, or any combination of the 11 |
---|
836 | 839 | | disciplinary actions described in this subsection, of any applicant or person licensed under this 12 |
---|
837 | 840 | | Article on one or more of the following grounds: 13 |
---|
838 | 841 | | (1) Has Subject to G.S. 93B-8.1, has been convicted of a felony or entered a plea 14 |
---|
839 | 842 | | of guilty or nolo contendere to any felony charge under the laws of the United 15 |
---|
840 | 843 | | States or of any state of the United States. 16 |
---|
841 | 844 | | (2) Has Subject to G.S. 93B-8.1, has been convicted of or entered a plea of guilty 17 |
---|
842 | 845 | | or nolo contendere to any misdemeanor involving moral turpitude, 18 |
---|
843 | 846 | | misrepresentation, any of the following: 19 |
---|
844 | 847 | | a. Misrepresentation or fraud in dealing with the public, or conduct 20 |
---|
845 | 848 | | public. 21 |
---|
846 | 849 | | b. Conduct otherwise relevant to fitness to practice marriage and family 22 |
---|
847 | 850 | | therapy, or a misdemeanor charge therapy. 23 |
---|
848 | 851 | | c. Conduct reflecting the inability to practice marriage and family 24 |
---|
849 | 852 | | therapy with due regard to the health and safety of clients. 25 |
---|
850 | 853 | | …." 26 |
---|
851 | 854 | | SECTION 22. G.S. 90-270.76 reads as rewritten: 27 |
---|
852 | 855 | | "§ 90-270.76. Suspension, revocation revocation, and refusal to renew license. 28 |
---|
853 | 856 | | (a) The Board may deny or refuse to renew a license, may suspend or revoke a license, 29 |
---|
854 | 857 | | or may impose probationary conditions on a license if the licensee or applicant for licensure has 30 |
---|
855 | 858 | | engaged in any of the following conduct: 31 |
---|
856 | 859 | | … 32 |
---|
857 | 860 | | (3) Having Subject to G.S. 93B-8.1, having been convicted of or pleaded guilty 33 |
---|
858 | 861 | | or nolo contendere to a crime involving moral turpitude or any crime which 34 |
---|
859 | 862 | | that indicates that the occupational therapist or occupational therapy assistant 35 |
---|
860 | 863 | | is unfit or incompetent to practice occupational therapy or that the 36 |
---|
861 | 864 | | occupational therapist or occupational therapy assistant has deceived or 37 |
---|
862 | 865 | | defrauded the public. 38 |
---|
863 | 866 | | …." 39 |
---|
864 | 867 | | SECTION 23. G.S. 90-270.103 reads as rewritten: 40 |
---|
865 | 868 | | "§ 90-270.103. Grounds for disciplinary action. 41 |
---|
866 | 869 | | Grounds for disciplinary action shall include but not be are not limited to the following: 42 |
---|
867 | 870 | | … 43 |
---|
868 | 871 | | (3) Conviction of an offense under any municipal, State, or federal narcotic or 44 |
---|
869 | 872 | | controlled substance law, until proof of rehabilitation can be established; 45 |
---|
870 | 873 | | (4) Conviction Subject to G.S. 93B-8.1, conviction of a felony or other public 46 |
---|
871 | 874 | | offense involving moral turpitude, until proof of rehabilitation can be 47 |
---|
872 | 875 | | established;or a misdemeanor; 48 |
---|
873 | 876 | | …." 49 |
---|
874 | 877 | | SECTION 24. G.S. 90-270.148 reads as rewritten: 50 General Assembly Of North Carolina Session 2025 |
---|
876 | 879 | | "§ 90-270.148. Denial, suspension, or revocation of licenses and health services provider 1 |
---|
877 | 880 | | certification, revocation, and other disciplinary and remedial actions for 2 |
---|
878 | 881 | | violations of the Code of Conduct; actions; relinquishing of license. 3 |
---|
879 | 882 | | (a) Any applicant for licensure or health services provider certification and any person 4 |
---|
880 | 883 | | licensed or certified under this Article shall have behaved in conformity with conform to the 5 |
---|
881 | 884 | | ethical and professional standards specified in this Code of Conduct section and in the rules of 6 |
---|
882 | 885 | | the Board. The Board may deny, suspend, or revoke licensure and certification, and may 7 |
---|
883 | 886 | | discipline, place on probation, limit practice, and require examination, remediation, and 8 |
---|
884 | 887 | | rehabilitation, or any combination thereof, all as provided for in subsection (b) below. take any 9 |
---|
885 | 888 | | other action described in subsection (b) of this section. The Board shall act upon proof that the 10 |
---|
886 | 889 | | applicant or licensee engaged in illegal, immoral, dishonorable, unprofessional, or unethical 11 |
---|
887 | 890 | | conduct by violating any of the provisions of the Code of Conduct as follows:violated this section 12 |
---|
888 | 891 | | when any of the following applies to the applicant or licensee: 13 |
---|
889 | 892 | | (1) Has Subject to G.S. 93B-8.1, has been convicted of a felony or entered a plea 14 |
---|
890 | 893 | | of guilty or nolo contendere to any felony charge; 15 |
---|
891 | 894 | | (2) Has Subject to G.S. 93B-8.1, has been convicted of or entered a plea of guilty 16 |
---|
892 | 895 | | or nolo contendere to any misdemeanor involving moral turpitude, 17 |
---|
893 | 896 | | misrepresentation any of the following: 18 |
---|
894 | 897 | | a. Misrepresentation or fraud in dealing with the public, or conduct 19 |
---|
895 | 898 | | public. 20 |
---|
896 | 899 | | b. Conduct otherwise relevant to fitness to practice psychology, or a 21 |
---|
897 | 900 | | misdemeanor charge psychology. 22 |
---|
898 | 901 | | c. Conduct reflecting the inability to practice psychology with due regard 23 |
---|
899 | 902 | | to the health and safety of clients or patients; 24 |
---|
900 | 903 | | …." 25 |
---|
901 | 904 | | SECTION 25. G.S. 90-340 reads as rewritten: 26 |
---|
902 | 905 | | "§ 90-340. Protection of the public. 27 |
---|
903 | 906 | | (a) The Board may, in accordance with the provisions of G.S. 93B-8.1 and Chapter 150B 28 |
---|
904 | 907 | | of the General Statutes, deny, suspend, or revoke licensure, discipline, place on probation, limit 29 |
---|
905 | 908 | | practice, or require examination, remediation, or rehabilitation of any person licensed under this 30 |
---|
906 | 909 | | Article on one or more of the following grounds: 31 |
---|
907 | 910 | | (1) Has been convicted of a felony or entered a plea of guilty or nolo contendere 32 |
---|
908 | 911 | | to any felony charge under the laws of the United States or of any state of the 33 |
---|
909 | 912 | | United States. 34 |
---|
910 | 913 | | (2) Has been convicted of or entered a plea of guilty or nolo contendere to any 35 |
---|
911 | 914 | | misdemeanor involving moral turpitude, misrepresentation, any of the 36 |
---|
912 | 915 | | following: 37 |
---|
913 | 916 | | a. Misrepresentation or fraud in dealing with the public, or conduct 38 |
---|
914 | 917 | | public. 39 |
---|
915 | 918 | | b. Conduct otherwise relevant to fitness to practice clinical mental health 40 |
---|
916 | 919 | | counseling, or a misdemeanor charge counseling. 41 |
---|
917 | 920 | | c. Conduct reflecting the inability to practice clinical mental health 42 |
---|
918 | 921 | | counseling with due regard to the health and safety of clients or 43 |
---|
919 | 922 | | patients. 44 |
---|
920 | 923 | | …." 45 |
---|
921 | 924 | | SECTION 26. G.S. 90-363 reads as rewritten: 46 |
---|
922 | 925 | | "§ 90-363. Suspension, revocation revocation, and refusal to renew license. 47 |
---|
923 | 926 | | (a) The Board may deny or refuse to renew a license, may suspend or revoke a license, 48 |
---|
924 | 927 | | or may impose probationary conditions on a license if the licensee or applicant for licensure has 49 |
---|
925 | 928 | | engaged in any of the following conduct: 50 |
---|
926 | 929 | | … 51 General Assembly Of North Carolina Session 2025 |
---|
928 | 931 | | (5) Conviction of or a plea of guilty or nolo contendere to any crime involving 1 |
---|
929 | 932 | | moral turpitude.Subject to G.S. 93B-8.1, conviction of a crime. 2 |
---|
930 | 933 | | …." 3 |
---|
931 | 934 | | SECTION 27. G.S. 90-390 reads as rewritten: 4 |
---|
932 | 935 | | "§ 90-390. Refusal, suspension, or revocation of a certificate. 5 |
---|
933 | 936 | | (a) A certificate applied for or issued under this Article may be refused, suspended, 6 |
---|
934 | 937 | | revoked, or otherwise limited as provided in subsection (e) of this section by the Board upon 7 |
---|
935 | 938 | | proof that any of the following applies to the applicant or person to whom a certificate was issued: 8 |
---|
936 | 939 | | (1) Has Subject to G.S. 93B-8.1, has been convicted of a felony; 9 |
---|
937 | 940 | | (2) Has Subject to G.S. 93B-8.1, has been convicted of a misdemeanor involving 10 |
---|
938 | 941 | | moral turpitude, misrepresentation or fraud in dealing with the public, public 11 |
---|
939 | 942 | | or an offense relevant to fitness to practice certified fee-based pastoral 12 |
---|
940 | 943 | | counseling; 13 |
---|
941 | 944 | | …." 14 |
---|
942 | 945 | | SECTION 28. G.S. 90-633 reads as rewritten: 15 |
---|
943 | 946 | | "§ 90-633. Disciplinary action. 16 |
---|
944 | 947 | | (a) The Board may deny, suspend, revoke, or refuse to license a massage and bodywork 17 |
---|
945 | 948 | | therapist or applicant for any of the following: 18 |
---|
946 | 949 | | … 19 |
---|
947 | 950 | | (3) Conviction of an offense under any municipal, State, or federal narcotic or 20 |
---|
948 | 951 | | controlled substance law. 21 |
---|
949 | 952 | | (4) Conviction of a felony or other public offense involving moral 22 |
---|
950 | 953 | | turpitude.Subject to G.S. 93B-8.1, conviction of a felony or misdemeanor. 23 |
---|
951 | 954 | | …." 24 |
---|
952 | 955 | | SECTION 29. G.S. 90-659 reads as rewritten: 25 |
---|
953 | 956 | | "§ 90-659. Suspension, revocation, and refusal to renew a license. 26 |
---|
954 | 957 | | (a) The Board shall take the necessary actions to deny or refuse to renew a license, 27 |
---|
955 | 958 | | suspend or revoke a license, or to impose probationary conditions on a licensee or applicant if 28 |
---|
956 | 959 | | any of the following applies to the licensee or applicant: 29 |
---|
957 | 960 | | … 30 |
---|
958 | 961 | | (2) Was Subject to G.S. 93B-8.1, was convicted of or entered a plea of guilty or 31 |
---|
959 | 962 | | nolo contendere to any crime involving moral turpitude.a crime. 32 |
---|
960 | 963 | | …." 33 |
---|
961 | 964 | | SECTION 30. G.S. 90-742 reads as rewritten: 34 |
---|
962 | 965 | | "§ 90-742. Denial, suspension, or revocation of licenses and other disciplinary and remedial 35 |
---|
963 | 966 | | actions for violations of the Code of Conduct; actions; relinquishing of license. 36 |
---|
964 | 967 | | (a) Any applicant for licensure and any individual licensed under this Article shall 37 |
---|
965 | 968 | | comply with the ethical and professional standards specified in this Code of Conduct section and 38 |
---|
966 | 969 | | in the rules of the Board. The Board may deny, suspend, or revoke licensure and may discipline, 39 |
---|
967 | 970 | | place on probation, limit practice, and require examination, remediation, and rehabilitation of 40 |
---|
968 | 971 | | any applicant or licensee, as provided for in subsection (b) of this section, for any violation listed 41 |
---|
969 | 972 | | in this subsection. The following are considered violations of the Code of Conduct:this section: 42 |
---|
970 | 973 | | (1) Conviction Subject to G.S. 93B-8.1, conviction of a felony or entry of a plea 43 |
---|
971 | 974 | | of guilty or nolo contendere to any felony charge. 44 |
---|
972 | 975 | | (2) Conviction Subject to G.S. 93B-8.1, conviction of a felony or entry of a plea 45 |
---|
973 | 976 | | of guilty or nolo contendere to any misdemeanor involving moral turpitude, 46 |
---|
974 | 977 | | misrepresentation any of the following: 47 |
---|
975 | 978 | | a. Misrepresentation or fraud in dealing with the public, or conduct 48 |
---|
976 | 979 | | public. 49 |
---|
977 | 980 | | b. Conduct otherwise relevant to fitness to practice, or a misdemeanor 50 |
---|
978 | 981 | | charge practice. 51 General Assembly Of North Carolina Session 2025 |
---|
980 | 983 | | c. Conduct reflecting the inability to practice behavior analysis relating 1 |
---|
981 | 984 | | with due regard to the health and safety of clients or patients. 2 |
---|
982 | 985 | | …." 3 |
---|
983 | 986 | | SECTION 31. G.S. 90B-11 reads as rewritten: 4 |
---|
984 | 987 | | "§ 90B-11. Disciplinary procedures. 5 |
---|
985 | 988 | | (a) The Board may, in accordance with the provisions of G.S. 93B-8.1 and Chapter 150B 6 |
---|
986 | 989 | | of the General Statutes, deny, suspend, or revoke an application, certificate, or license on any of 7 |
---|
987 | 990 | | the following grounds: 8 |
---|
988 | 991 | | (1) Conviction of or the entering of a plea of guilty or nolo contendere to any 9 |
---|
989 | 992 | | misdemeanor involving moral turpitude, misrepresentation any of the 10 |
---|
990 | 993 | | following: 11 |
---|
991 | 994 | | a. Misrepresentation or fraud in dealing with the public, conduct public. 12 |
---|
992 | 995 | | b. Conduct otherwise relevant to fitness to practice social work, or any 13 |
---|
993 | 996 | | misdemeanor work. 14 |
---|
994 | 997 | | c. Conduct reflecting the inability to practice social work with due regard 15 |
---|
995 | 998 | | to the health and safety of clients or patients. 16 |
---|
996 | 999 | | (2) Conviction of a felony or the entering of a plea of guilty or nolo contendere to 17 |
---|
997 | 1000 | | a felony under the laws of the United States or of any state of the United States. 18 |
---|
998 | 1001 | | …." 19 |
---|
999 | 1002 | | SECTION 32.(a) G.S. 93A-6 reads as rewritten: 20 |
---|
1000 | 1003 | | "§ 93A-6. Disciplinary action by Commission. 21 |
---|
1001 | 1004 | | … 22 |
---|
1002 | 1005 | | (b) The Commission may suspend or revoke any license issued under the provisions of 23 |
---|
1003 | 1006 | | this Chapter or reprimand or censure any licensee when:when any of the following has occurred: 24 |
---|
1004 | 1007 | | (1) The licensee has obtained a license by false or fraudulent 25 |
---|
1005 | 1008 | | representation;representation. 26 |
---|
1006 | 1009 | | (2) The Subject to G.S. 93B-8.1, the licensee has been convicted or has entered a 27 |
---|
1007 | 1010 | | plea of guilty or no contest upon which final judgment is entered by a court of 28 |
---|
1008 | 1011 | | competent jurisdiction in this State, or any other state, of any misdemeanor or 29 |
---|
1009 | 1012 | | felony that involves false swearing, misrepresentation, deceit, extortion, theft, 30 |
---|
1010 | 1013 | | bribery, embezzlement, false pretenses, fraud, forgery, larceny, 31 |
---|
1011 | 1014 | | misappropriation of funds or property, perjury, or any other offense showing 32 |
---|
1012 | 1015 | | professional unfitness or involving moral turpitude which that would 33 |
---|
1013 | 1016 | | reasonably affect the licensee's performance in the real estate 34 |
---|
1014 | 1017 | | business;business. 35 |
---|
1015 | 1018 | | (3) The licensee has violated any of the provisions of G.S. 93A-6(a) subsection 36 |
---|
1016 | 1019 | | (a) of this section when selling, leasing, or buying the licensee's own 37 |
---|
1017 | 1020 | | property;property. 38 |
---|
1018 | 1021 | | (4) The broker's unlicensed employee, who is exempt from the provisions of this 39 |
---|
1019 | 1022 | | Chapter under G.S. 93A-2(c)(6), has committed, in the regular course of 40 |
---|
1020 | 1023 | | business, any act which, that, if committed by the broker, would constitute a 41 |
---|
1021 | 1024 | | violation of G.S. 93A-6(a) subsection (a) of this section for which the broker 42 |
---|
1022 | 1025 | | could be disciplined; ordisciplined. 43 |
---|
1023 | 1026 | | (5) The licensee, who is also licensed as an appraiser, attorney, home inspector, 44 |
---|
1024 | 1027 | | mortgage broker, general contractor, or member of another licensed 45 |
---|
1025 | 1028 | | profession or occupation, has been disciplined for an offense under any law 46 |
---|
1026 | 1029 | | involving fraud, theft, misrepresentation, breach of trust or fiduciary 47 |
---|
1027 | 1030 | | responsibility, or willful or negligent malpractice. 48 |
---|
1028 | 1031 | | …." 49 |
---|
1029 | 1032 | | SECTION 32.(b) G.S. 93A-38 reads as rewritten: 50 |
---|
1030 | 1033 | | "§ 93A-38. Suspension, revocation revocation, or denial of certification. 51 General Assembly Of North Carolina Session 2025 |
---|
1032 | 1035 | | The Commission shall have the power to may suspend, revoke, deny issuance, or deny 1 |
---|
1033 | 1036 | | renewal of certification of a private real estate education provider. In all proceedings to suspend, 2 |
---|
1034 | 1037 | | revoke revoke, or deny a certification, the provisions of G.S. 93B-8.1 and Chapter 150B of the 3 |
---|
1035 | 1038 | | General Statutes shall be applicable. apply. The Commission may suspend, revoke, or deny such 4 |
---|
1036 | 1039 | | certification or renewal thereof when if it finds that the applicant or principal thereof applicant, 5 |
---|
1037 | 1040 | | principal, or holder of such the certification has done any of the following: 6 |
---|
1038 | 1041 | | … 7 |
---|
1039 | 1042 | | (6) Pleaded guilty, entered a plea of nolo contendere contendere, or been found 8 |
---|
1040 | 1043 | | guilty of a crime involving moral turpitude in any state or federal court." 9 |
---|
1041 | 1044 | | SECTION 32.(c) G.S. 93A-54 reads as rewritten: 10 |
---|
1042 | 1045 | | "§ 93A-54. Disciplinary action by Commission. 11 |
---|
1043 | 1046 | | … 12 |
---|
1044 | 1047 | | (b) Following a hearing, the Commission shall also have power to may, subject to 13 |
---|
1045 | 1048 | | G.S. 93B-8.1, suspend or revoke any certificate of registration issued under the provisions of this 14 |
---|
1046 | 1049 | | Article or to reprimand or censure any regulated party when the regulated party has been 15 |
---|
1047 | 1050 | | convicted or has entered a plea of guilty or no contest upon which final judgment is entered by a 16 |
---|
1048 | 1051 | | court of competent jurisdiction in this State, or any other state, of the criminal offenses of 17 |
---|
1049 | 1052 | | embezzlement, obtaining money under false pretense, fraud, forgery, conspiracy to defraud, or 18 |
---|
1050 | 1053 | | any other offense involving moral turpitude which that would reasonably affect the regulated 19 |
---|
1051 | 1054 | | party's performance in the timeshare business. 20 |
---|
1052 | 1055 | | …." 21 |
---|
1053 | 1056 | | SECTION 33. G.S. 93B-1 reads as rewritten: 22 |
---|
1054 | 1057 | | "§ 93B-1. Definitions. 23 |
---|
1055 | 1058 | | As used in this Chapter, the following definitions apply: 24 |
---|
1056 | 1059 | | (1) License. – Any license (other than a privilege license), certificate, or other 25 |
---|
1057 | 1060 | | evidence of qualification which that an individual is required to obtain before 26 |
---|
1058 | 1061 | | he the individual may engage in or represent himself or herself to be a member 27 |
---|
1059 | 1062 | | of a particular profession or occupation. 28 |
---|
1060 | 1063 | | (2) Occupational licensing board. – Any board, committee, commission, or other 29 |
---|
1061 | 1064 | | agency in North Carolina which that is established for the primary purpose of 30 |
---|
1062 | 1065 | | regulating the entry of persons into, and the conduct of persons within, a 31 |
---|
1063 | 1066 | | particular profession or occupation, occupation and which that is authorized 32 |
---|
1064 | 1067 | | to issue licenses. The phrase "occupational licensing board" does not include 33 |
---|
1065 | 1068 | | State agencies, agencies staffed by full-time State employees, which 34 |
---|
1066 | 1069 | | employees who, as a part of their regular functions may functions, issue 35 |
---|
1067 | 1070 | | licenses. 36 |
---|
1068 | 1071 | | (3) State agency licensing board. – Any State agency staffed by full-time State 37 |
---|
1069 | 1072 | | employees, which employees who, as part of their regular functions functions, 38 |
---|
1070 | 1073 | | issue licenses. This section does not apply to the North Carolina Criminal 39 |
---|
1071 | 1074 | | Justice Education and Training Standards Commission, the North Carolina 40 |
---|
1072 | 1075 | | Sheriffs' Education and Training Standards Commission, and the North 41 |
---|
1073 | 1076 | | Carolina Department of Revenue. The following is a nonexclusive list of State 42 |
---|
1074 | 1077 | | agency licensing boards and the profession or occupation for which the board, 43 |
---|
1075 | 1078 | | agency, or officer may issue licenses: 44 |
---|
1076 | 1079 | | a. The Department of Agriculture and Consumer Services. 45 |
---|
1077 | 1080 | | 1. Commissioner of Agriculture. 46 |
---|
1078 | 1081 | | I. Scale Technician. Article 6 of Chapter 81A of the 47 |
---|
1079 | 1082 | | General Statutes. 48 |
---|
1080 | 1083 | | II. Seed Dealer. Article 31 of Chapter 106 of the General 49 |
---|
1081 | 1084 | | Statutes. 50 General Assembly Of North Carolina Session 2025 |
---|
1083 | 1086 | | III. Livestock Dealer. Article 35B of Chapter 106 of the 1 |
---|
1084 | 1087 | | General Statutes. 2 |
---|
1085 | 1088 | | 2. North Carolina Pesticide Board. 3 |
---|
1086 | 1089 | | I. Pesticide Applicators and Pesticide Dealers. Parts 3 and 4 |
---|
1087 | 1090 | | 4 of Article 52 of Chapter 143 of the General Statutes. 5 |
---|
1088 | 1091 | | 3. North Carolina Board of Agriculture. 6 |
---|
1089 | 1092 | | I. Boarding Kennel Operator and Pet Shop Owner. 7 |
---|
1090 | 1093 | | Article 3 of Chapter 19A of the General Statutes. 8 |
---|
1091 | 1094 | | II. Poultry, Hatcheries, and Chick Dealers. Article 40 49 9 |
---|
1092 | 1095 | | of Chapter 106 of the General Statutes. 10 |
---|
1093 | 1096 | | 4. Structural Pest Control Committee. 11 |
---|
1094 | 1097 | | I. Exterminator and Structural Pest Control Applicator. 12 |
---|
1095 | 1098 | | Article 4C of Chapter 106 of the General Statutes. 13 |
---|
1096 | 1099 | | b. Repealed by Session Laws 2021-180, s. 9G.7(c), effective July 1, 14 |
---|
1097 | 1100 | | 2021. 15 |
---|
1098 | 1101 | | c. The Department of Health and Human Services. 16 |
---|
1099 | 1102 | | 1. North Carolina Medical Care Commission. 17 |
---|
1100 | 1103 | | I. Ambulance Attendant, Emergency Medical 18 |
---|
1101 | 1104 | | Technician. Article 7 of Chapter 131E of the General 19 |
---|
1102 | 1105 | | Statutes. 20 |
---|
1103 | 1106 | | 2. Well Contractors Certification Commission. 21 |
---|
1104 | 1107 | | I. Well Contractor. Article 7A of Chapter 87 of the 22 |
---|
1105 | 1108 | | General Statutes. 23 |
---|
1106 | 1109 | | d. The Department of Insurance. 24 |
---|
1107 | 1110 | | 1. Commissioner of Insurance. 25 |
---|
1108 | 1111 | | I. Bail Bond Runner, Professional Bondsman, Surety 26 |
---|
1109 | 1112 | | Bondsman. Article 71 of Chapter 58 of the General 27 |
---|
1110 | 1113 | | Statutes. 28 |
---|
1111 | 1114 | | II. Insurance Agent, Insurance Company Adjuster, Motor 29 |
---|
1112 | 1115 | | Vehicle Damage Appraiser, Self-Employed Insurance 30 |
---|
1113 | 1116 | | Adjuster. Article 33 of Chapter 58 of the General 31 |
---|
1114 | 1117 | | Statutes. 32 |
---|
1115 | 1118 | | 2. Code Officials Qualifications Board. 33 |
---|
1116 | 1119 | | I. Building Inspector, Code Enforcement Official, 34 |
---|
1117 | 1120 | | Electrical Inspector, Fire Inspector, Mechanical 35 |
---|
1118 | 1121 | | Inspector, Plumbing Inspector. Article 9C of Chapter 36 |
---|
1119 | 1122 | | 58 143 of the General Statutes. 37 |
---|
1120 | 1123 | | 3. Home Inspection Licensure Board. 38 |
---|
1121 | 1124 | | I. Home Inspector. Article 9F of Chapter 143 of the 39 |
---|
1122 | 1125 | | General Statutes. 40 |
---|
1123 | 1126 | | 4. Manufactured Housing Board. 41 |
---|
1124 | 1127 | | I. Manufactured Housing Salesperson. Article 9A of 42 |
---|
1125 | 1128 | | Chapter 143 of the General Statutes. 43 |
---|
1126 | 1129 | | e. Repealed by Session Laws 2021-138, s. 17(a), effective December 1, 44 |
---|
1127 | 1130 | | 2021. 45 |
---|
1128 | 1131 | | f. The Department of Labor. 46 |
---|
1129 | 1132 | | 1. Boiler Safety Bureau. 47 |
---|
1130 | 1133 | | I. Boiler Inspector. Article 7A of Chapter 95 of the 48 |
---|
1131 | 1134 | | General Statutes. 49 |
---|
1132 | 1135 | | g. The Department of Public Instruction. 50 |
---|
1133 | 1136 | | 1. State Board of Education. 51 General Assembly Of North Carolina Session 2025 |
---|
1135 | 1138 | | I. Teacher, Principal, Superintendent. Article 71E 17E of 1 |
---|
1136 | 1139 | | Chapter 115C of the General Statutes. 2 |
---|
1137 | 1140 | | h. The Department of Public Safety. 3 |
---|
1138 | 1141 | | 1. Alcohol Law Enforcement Branch. 4 |
---|
1139 | 1142 | | I. Boxer, Kickboxer, Mixed Martial Arts, Promoter. 5 |
---|
1140 | 1143 | | Article 8 68 of Chapter 143 of the General Statutes. 6 |
---|
1141 | 1144 | | 2. The Alcohol Beverage Control Board. 7 |
---|
1142 | 1145 | | I. Alcoholic Beverage Distributor. Article 9 of Chapter 8 |
---|
1143 | 1146 | | 18B. 9 |
---|
1144 | 1147 | | 3. Private Protective Services Board. 10 |
---|
1145 | 1148 | | I. Counter Intelligence Licensee, Armored Car Service, 11 |
---|
1146 | 1149 | | Close Personal Protection, Courier Service, Digital 12 |
---|
1147 | 1150 | | Forensics Examiner, Electronic Countermeasures, 13 |
---|
1148 | 1151 | | Guard Dog Service Operator, Service, Polygraph 14 |
---|
1149 | 1152 | | Examiner, Private Investigator, Psychological Stress 15 |
---|
1150 | 1153 | | Evaluator, Security Guard, and Patrol Licensee. Guard 16 |
---|
1151 | 1154 | | and Patrol, and Special Limited Guard and Patrol. 17 |
---|
1152 | 1155 | | Article 1 of Chapter 74C of the General Statutes. 18 |
---|
1153 | 1156 | | 4. Alarm Systems Licensing Board. 19 |
---|
1154 | 1157 | | I. Alarm Systems Business. Article 1 of Chapter 74D of 20 |
---|
1155 | 1158 | | the General Statutes. 21 |
---|
1156 | 1159 | | i. The Department of the Secretary of State. 22 |
---|
1157 | 1160 | | 1. The Secretary of State. 23 |
---|
1158 | 1161 | | I. Athletic Athlete Agent. Article 9 of Chapter 78C of the 24 |
---|
1159 | 1162 | | General Statutes. 25 |
---|
1160 | 1163 | | II. Investment Advisor. Adviser. Article 3 of Chapter 78C 26 |
---|
1161 | 1164 | | of the General Statutes. 27 |
---|
1162 | 1165 | | III. Securities Broker, Securities Dealer, Security 28 |
---|
1163 | 1166 | | Salesman. Article 5 of Chapter 78A of the General 29 |
---|
1164 | 1167 | | Statutes. 30 |
---|
1165 | 1168 | | IV. Professional Solicitor. Article 3 of Chapter 131F of the 31 |
---|
1166 | 1169 | | General Statutes. 32 |
---|
1167 | 1170 | | j. The Department of Transportation. 33 |
---|
1168 | 1171 | | 1. Division of Motor Vehicles. 34 |
---|
1169 | 1172 | | I. New and Used Motor Vehicle Dealer, Motor Vehicle 35 |
---|
1170 | 1173 | | Sales Representative, Distributor, Distributor Branch, 36 |
---|
1171 | 1174 | | Distributor Representative, Wholesaler. Article 12 of 37 |
---|
1172 | 1175 | | Chapter 20 of the General Statutes. 38 |
---|
1173 | 1176 | | II. Commercial Driver, Truck Driver. Article 2 of Chapter 39 |
---|
1174 | 1177 | | 20 of the General Statutes. 40 |
---|
1175 | 1178 | | III. Safety Inspection Mechanic. Article 3A of Chapter 20 41 |
---|
1176 | 1179 | | of the General Statutes." 42 |
---|
1177 | 1180 | | SECTION 34. G.S. 93D-13 reads as rewritten: 43 |
---|
1178 | 1181 | | "§ 93D-13. Discipline, suspension, revocation of licenses and registrations; records. 44 |
---|
1179 | 1182 | | (a) The Board may in its discretion administer the punishment of private reprimand, 45 |
---|
1180 | 1183 | | suspension of license or registration for a fixed period or revocation of license or registration as 46 |
---|
1181 | 1184 | | the case may warrant in their judgment for any violation of the rules and regulations of the Board 47 |
---|
1182 | 1185 | | or for any of the following causes: 48 |
---|
1183 | 1186 | | … 49 |
---|
1184 | 1187 | | (4) Commission Subject to G.S. 93B-8.1, commission of a criminal offense 50 |
---|
1185 | 1188 | | indicating professional unfitness. 51 General Assembly Of North Carolina Session 2025 |
---|
1187 | 1190 | | … 1 |
---|
1188 | 1191 | | (7) Conduct involving fraud or any other business conduct involving moral 2 |
---|
1189 | 1192 | | turpitude.Business conduct involving fraud. 3 |
---|
1190 | 1193 | | …." 4 |
---|
1191 | 1194 | | SECTION 35. G.S. 93E-1-12 reads as rewritten: 5 |
---|
1192 | 1195 | | "§ 93E-1-12. Disciplinary action by Board. 6 |
---|
1193 | 1196 | | … 7 |
---|
1194 | 1197 | | (b) Following a hearing, or by consent, the Appraisal Board may also suspend or revoke 8 |
---|
1195 | 1198 | | any registration, license, or certificate issued under the provisions of this Chapter or reprimand 9 |
---|
1196 | 1199 | | any registered trainee, licensee, or certificate holder when: 10 |
---|
1197 | 1200 | | (1) The Subject to G.S. 93B-8.1, the registered trainee, licensee, or certificate 11 |
---|
1198 | 1201 | | holder has been convicted of or has entered a plea of guilty or no contest upon 12 |
---|
1199 | 1202 | | which final judgment is entered by a court of competent jurisdiction in this 13 |
---|
1200 | 1203 | | State, or any other state, to an offense which involves moral turpitude, in 14 |
---|
1201 | 1204 | | which an essential element is dishonesty, fraud, or deceit, or which, in the 15 |
---|
1202 | 1205 | | discretion of the Board, that would reasonably affect the performance of the 16 |
---|
1203 | 1206 | | registered trainee, licensee, or certificate holder in the real estate appraisal 17 |
---|
1204 | 1207 | | business; 18 |
---|
1205 | 1208 | | …." 19 |
---|
1206 | 1209 | | SECTION 36.(a) G.S. 106-65.26 reads as rewritten: 20 |
---|
1207 | 1210 | | "§ 106-65.26. Qualifications for certified applicator and licensee; applicants for certified 21 |
---|
1208 | 1211 | | applicator's identification card and license. 22 |
---|
1209 | 1212 | | … 23 |
---|
1210 | 1213 | | (d) All applicants for license must have practical experience and knowledge of practical 24 |
---|
1211 | 1214 | | and scientific facts underlying the practice of structural pest control, control of wood-destroying 25 |
---|
1212 | 1215 | | organisms, or fumigation. No Subject to G.S. 93B-8.1, no applicant is entitled to take an 26 |
---|
1213 | 1216 | | examination for the issuance of a license pursuant to this Article who has within five years of 27 |
---|
1214 | 1217 | | the date of application been convicted, entered a plea of guilty or of nolo contendre, contendere, 28 |
---|
1215 | 1218 | | or forfeited bond in any State or federal court for a violation of G.S. 106-65.25(b), any felony, or 29 |
---|
1216 | 1219 | | any crime involving moral turpitude.G.S. 106-65.25(b), a felony, or a misdemeanor. 30 |
---|
1217 | 1220 | | …." 31 |
---|
1218 | 1221 | | SECTION 36.(b) G.S. 106-610 reads as rewritten: 32 |
---|
1219 | 1222 | | "§ 106-610. Grounds for refusal, suspension suspension, or revocation of license. 33 |
---|
1220 | 1223 | | The Commissioner may refuse to grant or renew any license, may suspend or may revoke 34 |
---|
1221 | 1224 | | any license upon a showing by substantial and competent evidence of any of the following: 35 |
---|
1222 | 1225 | | … 36 |
---|
1223 | 1226 | | (6) The dealer or applicant has been convicted, pled guilty or nolo contendere 37 |
---|
1224 | 1227 | | within three years in any state or federal court of a crime involving moral 38 |
---|
1225 | 1228 | | turpitude.Subject to G.S. 93B-8.1, the dealer or applicant has, within three 39 |
---|
1226 | 1229 | | years, been convicted of or pled guilty or nolo contendere to a crime in any 40 |
---|
1227 | 1230 | | state or federal court. 41 |
---|
1228 | 1231 | | …." 42 |
---|
1229 | 1232 | | SECTION 37. This act becomes effective October 1, 2025. 43 |
---|