SECTION .0900 - PROCEDURES FOR DISCIPLINARY ACTIONS

 

15a NCAC 27 .0901          REVOCATION, RELINQUISHMENT OR

EXPIRATION OF CERTIFICATION

(a)  The Commission may suspend or revoke the certification

of a well contractor or issue a letter of reprimand in accordance with the

provisions of G.S. 87-98.8, G.S. 150B-3, and G.S. Chapter 150B, Article 3A.

(b)  The disciplinary committee is delegated the authority

to administer disciplinary action including a letter of reprimand, suspension

or revocation of the certification of a well contractor.  The Chairman shall

convene a disciplinary committee meeting to review the circumstances of any

proposed letter of reprimand, suspension or revocation.  Written notice of the

meeting of the committee shall be served on the well contractor personally or

by certified mail at least 15 days prior to the meeting, and shall contain the

following: the date, time, and place of the meeting; the disciplinary action

proposed; notice of the reasons for the proposed disciplinary action; and an

invitation to attend the committee meeting and present facts and reasons why

the disciplinary action should not be taken.  If served by mail, the notice

shall be addressed to the well contractor at his or her last mailing address on

file with the Commission.

(c)  The disciplinary committee shall consist of the

following:

(1)           The Chairman;

(2)           Two members of the Commission, appointed by

the Chairman:

(A)          a member who is a certified well contractor; and

(B)          a member who is an environmental health professional

actively engaged in well inspection and permitting.

(d)  The disciplinary committee members shall consider the

facts and reasons in support of or against the proposed disciplinary action,

and within 10 working days of the conclusion of the committee meeting, the

committee shall make and issue a decision.  The disciplinary committee shall

report the decision to the Commission at its next scheduled meeting.

(e)  The  well contractor shall be informed of the

disciplinary committee's decision in writing, which shall contain the

following:  the disciplinary action, if any, which has been taken; notice of

the reasons for the action; and a statement giving the well contractor the opportunity

for a hearing under G.S. Chapter 150B, Article 3A.

(f)  The notice shall be served on the well contractor

personally or by certified mail.  If notice cannot be given personally or by

certified mail, then notice shall be given in the manner provided in G.S. 1A-1,

Rule 4(j1).  The notice shall also state that, to obtain a hearing, the well

contractor must file a written request for a hearing with the Commission at its

business address no later than the 30th day following the date of receipt of

the disciplinary committee's written decision.  A hearing request which is

mailed satisfies the 30 days' filing requirement if the hearing request is received

no later than the 30th day following the date of the receipt of the written

decision.

(g)  The disciplinary action shall become the final action

of the Commission if the well contractor does not request a hearing within 30

days.

(h)  Certification may be relinquished by submission to the

Commission of the original certificate, wallet card and a notarized statement

of relinquishment.

(i)  If a letter of reprimand is issued, a copy of the

letter shall be kept in the well contractor's file and a copy must be sent to

the well contractor's employer of record.  The well contractor shall be given

the opportunity to put a letter of rebuttal into the file when a reprimand has

been issued.

 

History Note:        Authority G.S. 87-98.8; 143B‑300;

150B‑3; 150B‑38; 150B‑40; 150B‑43;

Temporary Adoption Eff. December 15, 1998;

Eff. August 1, 2000;

Amended Eff. May 1, 2011; May 1, 2008.