18 NCAC 07B .0603          LEVELS OF ENFORCEMENT

Upon consideration of the evidence before it, the purposes and requirements of Chapter 10B of the General Statutes, and the rules in this Chapter, the Department may:

(1)           upon a finding of a violation of Chapter 10B of the General Statutes or the rules in this Chapter:

(a)           issue a letter of caution to a person along with:

(i)            a request for compliance; and

(ii)           a statement that future noncompliance may lead to disciplinary action by the Department;

(b)           issue a letter of warning to a person, with or without a corrective action plan. Note: A requirement for additional education is an example of a corrective action plan;

(c)           suspend a person's authorization and bar the grant of an authorization for a specific period of time not to exceed 24 months, with or without a corrective action plan;

(d)           issue a revocation of a person's authorization;

(e)           issue a permanent revocation of a person's authorization;

(f)            issue an administrative action restricting, for a specific period of time, an unauthorized person from submitting an application or from being becoming authorized; or

(g)           issue an administrative action permanently restricting an unauthorized person from submitting an application or from becoming authorized; and

(2)           use the factors in Rule .0601 of this Section to take action to withdraw, stay, rescind, or expunge a disciplinary action.

Note: An application submitted in violation of an administrative action pursuant to Paragraphs (f) and (g) of this Rule shall be denied by the Department immediately upon identification of the applicant as being subject to the administrative action during the period of time applicable to the action. The application fee shall not be refunded.

History Note:        Authority G.S. 10B-4; 10B-14(f); 10B-60; 10B-126; 10B-134.19; 10B-134.21;

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 .0903 Eff. June 1, 2023;

Amended Eff. July 1, 2024.