SECTION .0600 – DENIALS, DISCIPLINE, AND ENFORCEMENT

18 NCAC 07B .0601          FACTORS FOR DISCIPLINARY ACTIONS

When determining whether and what disciplinary action to take, the Department shall consider:

(1)           the qualifications of the person;

(2)           the nature, number, timing, and severity of any acts, offenses, official misconduct, or crimes under consideration;

(3)           evidence pertaining to the honesty, credibility, truthfulness, and integrity of the person;

(4)           actual or potential harm;

(5)           the history of complaints against the person received by the Department;

(6)           the record of prior disciplinary actions against the person;

(7)           evidence in mitigation;

(8)           evidence in aggravation;

(9)           occupational, vocational, or professional license disciplinary record;

(10)         evidence of rehabilitation;

(11)         criminal history record;

(12)         information and reports received from other law enforcement agencies;

(13)         willfulness;

(14)         negligence;

(15)         the response of the person to any alleged violations; and

(16)         whether the person self-reported a matter affecting qualification or the performance of an activity pursuant to authorization.

History Note:        Authority G.S. 10B-4; 10B-14(f); 10B-60;

Eff. April 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016;

Transferred from 18 NCAC 07B .0901 Eff. June 1, 2023;

Amended Eff. July 1, 2024.