§ 113‑171. Suspension, revocation, andreissuance of licenses.
(a) Upon receipt of reliable notice that a person licensed underthis Article has had imposed against the person a conviction of a criminaloffense within the jurisdiction of the Department under the provisions of thisSubchapter or of rules of the Commission adopted under the authority of thisSubchapter, the Secretary must suspend or revoke all licenses held by theperson in accordance with the terms of this section. Reliable notice includes informationfurnished the Secretary in prosecution or other reports from inspectors. Asused in this section, a conviction includes a plea of guilty or nolocontendere, any other termination of a criminal prosecution unfavorably to thedefendant after jeopardy has attached, or any substitute for criminalprosecution whereby the defendant expressly or impliedly confesses thedefendant's guilt. In particular, procedures whereby bond forfeitures areaccepted in lieu of proceeding to trial and cases indefinitely continued uponarrest of judgment or prayer for judgment continued are deemed convictions. TheSecretary may act to suspend or revoke licenses upon the basis of anyconviction in which:
(1) No notice of appeal has been given;
(2) The time for appeal has expired without an appeal havingbeen perfected; or
(3) The conviction is sustained on appeal. Where there is a newtrial, finality of any subsequent conviction will be determined in the mannerset out above.
(b) The Secretary must initiate an administrative proceduredesigned to give the Secretary systematic notice of all convictions of criminaloffenses by licensees covered by subsection (a) of this section above and keepa file of all convictions reported. Upon receipt of notice of conviction, theSecretary must determine whether it is a first, a second, a third, or a fourthor subsequent conviction of some offense covered by subsection (a). In the caseof second convictions, the Secretary must suspend all licenses issued to thelicensee for a period of 10 days. In the case of third convictions, theSecretary must suspend all licenses issued to the licensee for a period of 30days. In the case of fourth or subsequent convictions, the Secretary mustrevoke all licenses issued to the licensee. Where several convictions resultfrom a single transaction or occurrence, they are to be treated as a singleconviction so far as suspension or revocation of the licenses of any licenseeis concerned. Anyone convicted of taking or of knowingly possessing,transporting, buying, selling, or offering to buy or sell oysters or clams fromareas closed because of suspected pollution will be deemed by the Secretary tohave been convicted of two separate offenses on different occasions for licensesuspension or revocation purposes.
(c) Where a license has been suspended or revoked, the formerlicensee is not eligible to apply for reissuance of license or for anyadditional license authorized in this Article during the suspension orrevocation period. Licenses must be returned to the licensee by the Secretaryor the Secretary's agents at the end of a period of suspension. Where there hasbeen a revocation, application for reissuance of license or for an additionallicense may not be made until six months following the date of revocation. Insuch case of revocation, the eligible former licensee must satisfy theSecretary that the licensee will strive in the future to conduct the operationsfor which the license is sought in accord with all applicable laws and rules.Upon the application of an eligible former licensee after revocation, theSecretary, in the Secretary's discretion, may issue one license sought but notanother, as deemed necessary to prevent the hazard of recurring violations ofthe law.
(d) Upon receiving reliable information of a licensee'sconviction of a second or subsequent criminal offense covered by subsection (a)of this section, the Secretary shall promptly cause the licensee to bepersonally served with written notice of suspension or revocation, as the casemay be. The written notice may be served upon any responsible individualaffiliated with the corporation, partnership, or association where the licenseeis not an individual. The notice of suspension or revocation may be served byan inspector or other agent of the Department, must state the ground upon whichit is based, and takes effect immediately upon personal service. The agent ofthe Secretary making service shall then or subsequently, as may be feasibleunder the circumstances, collect all license certificates and plates and otherforms or records relating to the license as directed by the Secretary. It isunlawful for any licensee willfully to evade the personal service prescribed inthis subsection.
(e) A licensee served with a notice of suspension or revocationmay obtain an administrative review of the suspension or revocation by filing apetition for a contested case under G.S. 150B‑23 within 20 days afterreceiving the notice. The only issue in the hearing shall be whether thelicensee was convicted of a criminal offense for which a license must besuspended or revoked. A license remains suspended or revoked pending the finaldecision by the Secretary.
(f) If the Secretary refuses to reissue the license of or issuean additional license to an applicant whose license was revoked, the applicantmay contest the decision by filing a petition for a contested case under G.S.150B‑23 within 20 days after the Secretary makes the decision. TheCommission shall make the final agency decision in a contested case under thissubsection. An applicant whose license is denied under this subsection may notreapply for the same license for at least six months.
(g) The Commission may adopt rules to provide for the disclosureof the identity of any individual or individuals in responsible positions ofcontrol respecting operations of any licensee that is not an individual. Forthe purposes of this section, individuals in responsible positions of controlare deemed to be individual licensees and subject to suspension and revocationrequirements in regard to any applications for license they may make eitheras individuals or as persons in responsible positions of control in anycorporation, partnership, or association. In the case of individual licensees,the individual applying for a license or licensed under this Article must bethe real party in interest.
(h) In determining whether a conviction is a second orsubsequent offense under the provisions of this section, the Secretary may notconsider convictions for:
(1) Offenses that occurred three years prior to the effectivedate of this Article; or
(2) Offenses that occurred more than three years prior to thetime of the latest offense the conviction for which is in issue as a subsequentconviction. (1997‑400, s. 5.1;2001‑213, s. 2.)
§ 113‑171. Suspension, revocation, andreissuance of licenses.
(a) Upon receipt of reliable notice that a person licensed underthis Article has had imposed against the person a conviction of a criminaloffense within the jurisdiction of the Department under the provisions of thisSubchapter or of rules of the Commission adopted under the authority of thisSubchapter, the Secretary must suspend or revoke all licenses held by theperson in accordance with the terms of this section. Reliable notice includes informationfurnished the Secretary in prosecution or other reports from inspectors. Asused in this section, a conviction includes a plea of guilty or nolocontendere, any other termination of a criminal prosecution unfavorably to thedefendant after jeopardy has attached, or any substitute for criminalprosecution whereby the defendant expressly or impliedly confesses thedefendant's guilt. In particular, procedures whereby bond forfeitures areaccepted in lieu of proceeding to trial and cases indefinitely continued uponarrest of judgment or prayer for judgment continued are deemed convictions. TheSecretary may act to suspend or revoke licenses upon the basis of anyconviction in which:
(1) No notice of appeal has been given;
(2) The time for appeal has expired without an appeal havingbeen perfected; or
(3) The conviction is sustained on appeal. Where there is a newtrial, finality of any subsequent conviction will be determined in the mannerset out above.
(b) The Secretary must initiate an administrative proceduredesigned to give the Secretary systematic notice of all convictions of criminaloffenses by licensees covered by subsection (a) of this section above and keepa file of all convictions reported. Upon receipt of notice of conviction, theSecretary must determine whether it is a first, a second, a third, or a fourthor subsequent conviction of some offense covered by subsection (a). In the caseof second convictions, the Secretary must suspend all licenses issued to thelicensee for a period of 10 days. In the case of third convictions, theSecretary must suspend all licenses issued to the licensee for a period of 30days. In the case of fourth or subsequent convictions, the Secretary mustrevoke all licenses issued to the licensee. Where several convictions resultfrom a single transaction or occurrence, they are to be treated as a singleconviction so far as suspension or revocation of the licenses of any licenseeis concerned. Anyone convicted of taking or of knowingly possessing,transporting, buying, selling, or offering to buy or sell oysters or clams fromareas closed because of suspected pollution will be deemed by the Secretary tohave been convicted of two separate offenses on different occasions for licensesuspension or revocation purposes.
(c) Where a license has been suspended or revoked, the formerlicensee is not eligible to apply for reissuance of license or for anyadditional license authorized in this Article during the suspension orrevocation period. Licenses must be returned to the licensee by the Secretaryor the Secretary's agents at the end of a period of suspension. Where there hasbeen a revocation, application for reissuance of license or for an additionallicense may not be made until six months following the date of revocation. Insuch case of revocation, the eligible former licensee must satisfy theSecretary that the licensee will strive in the future to conduct the operationsfor which the license is sought in accord with all applicable laws and rules.Upon the application of an eligible former licensee after revocation, theSecretary, in the Secretary's discretion, may issue one license sought but notanother, as deemed necessary to prevent the hazard of recurring violations ofthe law.
(d) Upon receiving reliable information of a licensee'sconviction of a second or subsequent criminal offense covered by subsection (a)of this section, the Secretary shall promptly cause the licensee to bepersonally served with written notice of suspension or revocation, as the casemay be. The written notice may be served upon any responsible individualaffiliated with the corporation, partnership, or association where the licenseeis not an individual. The notice of suspension or revocation may be served byan inspector or other agent of the Department, must state the ground upon whichit is based, and takes effect immediately upon personal service. The agent ofthe Secretary making service shall then or subsequently, as may be feasibleunder the circumstances, collect all license certificates and plates and otherforms or records relating to the license as directed by the Secretary. It isunlawful for any licensee willfully to evade the personal service prescribed inthis subsection.
(e) A licensee served with a notice of suspension or revocationmay obtain an administrative review of the suspension or revocation by filing apetition for a contested case under G.S. 150B‑23 within 20 days afterreceiving the notice. The only issue in the hearing shall be whether thelicensee was convicted of a criminal offense for which a license must besuspended or revoked. A license remains suspended or revoked pending the finaldecision by the Secretary.
(f) If the Secretary refuses to reissue the license of or issuean additional license to an applicant whose license was revoked, the applicantmay contest the decision by filing a petition for a contested case under G.S.150B‑23 within 20 days after the Secretary makes the decision. TheCommission shall make the final agency decision in a contested case under thissubsection. An applicant whose license is denied under this subsection may notreapply for the same license for at least six months.
(g) The Commission may adopt rules to provide for the disclosureof the identity of any individual or individuals in responsible positions ofcontrol respecting operations of any licensee that is not an individual. Forthe purposes of this section, individuals in responsible positions of controlare deemed to be individual licensees and subject to suspension and revocationrequirements in regard to any applications for license they may make eitheras individuals or as persons in responsible positions of control in anycorporation, partnership, or association. In the case of individual licensees,the individual applying for a license or licensed under this Article must bethe real party in interest.
(h) In determining whether a conviction is a second orsubsequent offense under the provisions of this section, the Secretary may notconsider convictions for:
(1) Offenses that occurred three years prior to the effectivedate of this Article; or
(2) Offenses that occurred more than three years prior to thetime of the latest offense the conviction for which is in issue as a subsequentconviction. (1997‑400, s. 5.1;2001‑213, s. 2.)
§ 113‑171. Suspension, revocation, andreissuance of licenses.
(a) Upon receipt of reliable notice that a person licensed underthis Article has had imposed against the person a conviction of a criminaloffense within the jurisdiction of the Department under the provisions of thisSubchapter or of rules of the Commission adopted under the authority of thisSubchapter, the Secretary must suspend or revoke all licenses held by theperson in accordance with the terms of this section. Reliable notice includes informationfurnished the Secretary in prosecution or other reports from inspectors. Asused in this section, a conviction includes a plea of guilty or nolocontendere, any other termination of a criminal prosecution unfavorably to thedefendant after jeopardy has attached, or any substitute for criminalprosecution whereby the defendant expressly or impliedly confesses thedefendant's guilt. In particular, procedures whereby bond forfeitures areaccepted in lieu of proceeding to trial and cases indefinitely continued uponarrest of judgment or prayer for judgment continued are deemed convictions. TheSecretary may act to suspend or revoke licenses upon the basis of anyconviction in which:
(1) No notice of appeal has been given;
(2) The time for appeal has expired without an appeal havingbeen perfected; or
(3) The conviction is sustained on appeal. Where there is a newtrial, finality of any subsequent conviction will be determined in the mannerset out above.
(b) The Secretary must initiate an administrative proceduredesigned to give the Secretary systematic notice of all convictions of criminaloffenses by licensees covered by subsection (a) of this section above and keepa file of all convictions reported. Upon receipt of notice of conviction, theSecretary must determine whether it is a first, a second, a third, or a fourthor subsequent conviction of some offense covered by subsection (a). In the caseof second convictions, the Secretary must suspend all licenses issued to thelicensee for a period of 10 days. In the case of third convictions, theSecretary must suspend all licenses issued to the licensee for a period of 30days. In the case of fourth or subsequent convictions, the Secretary mustrevoke all licenses issued to the licensee. Where several convictions resultfrom a single transaction or occurrence, they are to be treated as a singleconviction so far as suspension or revocation of the licenses of any licenseeis concerned. Anyone convicted of taking or of knowingly possessing,transporting, buying, selling, or offering to buy or sell oysters or clams fromareas closed because of suspected pollution will be deemed by the Secretary tohave been convicted of two separate offenses on different occasions for licensesuspension or revocation purposes.
(c) Where a license has been suspended or revoked, the formerlicensee is not eligible to apply for reissuance of license or for anyadditional license authorized in this Article during the suspension orrevocation period. Licenses must be returned to the licensee by the Secretaryor the Secretary's agents at the end of a period of suspension. Where there hasbeen a revocation, application for reissuance of license or for an additionallicense may not be made until six months following the date of revocation. Insuch case of revocation, the eligible former licensee must satisfy theSecretary that the licensee will strive in the future to conduct the operationsfor which the license is sought in accord with all applicable laws and rules.Upon the application of an eligible former licensee after revocation, theSecretary, in the Secretary's discretion, may issue one license sought but notanother, as deemed necessary to prevent the hazard of recurring violations ofthe law.
(d) Upon receiving reliable information of a licensee'sconviction of a second or subsequent criminal offense covered by subsection (a)of this section, the Secretary shall promptly cause the licensee to bepersonally served with written notice of suspension or revocation, as the casemay be. The written notice may be served upon any responsible individualaffiliated with the corporation, partnership, or association where the licenseeis not an individual. The notice of suspension or revocation may be served byan inspector or other agent of the Department, must state the ground upon whichit is based, and takes effect immediately upon personal service. The agent ofthe Secretary making service shall then or subsequently, as may be feasibleunder the circumstances, collect all license certificates and plates and otherforms or records relating to the license as directed by the Secretary. It isunlawful for any licensee willfully to evade the personal service prescribed inthis subsection.
(e) A licensee served with a notice of suspension or revocationmay obtain an administrative review of the suspension or revocation by filing apetition for a contested case under G.S. 150B‑23 within 20 days afterreceiving the notice. The only issue in the hearing shall be whether thelicensee was convicted of a criminal offense for which a license must besuspended or revoked. A license remains suspended or revoked pending the finaldecision by the Secretary.
(f) If the Secretary refuses to reissue the license of or issuean additional license to an applicant whose license was revoked, the applicantmay contest the decision by filing a petition for a contested case under G.S.150B‑23 within 20 days after the Secretary makes the decision. TheCommission shall make the final agency decision in a contested case under thissubsection. An applicant whose license is denied under this subsection may notreapply for the same license for at least six months.
(g) The Commission may adopt rules to provide for the disclosureof the identity of any individual or individuals in responsible positions ofcontrol respecting operations of any licensee that is not an individual. Forthe purposes of this section, individuals in responsible positions of controlare deemed to be individual licensees and subject to suspension and revocationrequirements in regard to any applications for license they may make eitheras individuals or as persons in responsible positions of control in anycorporation, partnership, or association. In the case of individual licensees,the individual applying for a license or licensed under this Article must bethe real party in interest.
(h) In determining whether a conviction is a second orsubsequent offense under the provisions of this section, the Secretary may notconsider convictions for:
(1) Offenses that occurred three years prior to the effectivedate of this Article; or
(2) Offenses that occurred more than three years prior to thetime of the latest offense the conviction for which is in issue as a subsequentconviction. (1997‑400, s. 5.1;2001‑213, s. 2.)
