State Codes and Statutes

Statutes > North-carolina > Chapter_115D > GS_115D-93

§ 115D‑93.  Suspension,revocation or refusal of license; notice and hearing; judicial review; grounds.

(a)        A refusal to issue,refusal to renew, suspension of, or revocation of a license under this sectionshall be made in accordance with Chapter 150B of the General Statutes.

(b)        A decision underthis section to refuse to grant, refuse to renew, suspend, or revoke a licenseis subject to judicial review in accordance with Article 4 of Chapter 150B ofthe General Statutes.

(c)        The State Board,acting by and through the President of the Community College System, shall havethe power to refuse to issue or renew any such license and to suspend or revokeany such license theretofore issued in case it finds one or more of thefollowing:

(1)        That the applicantfor or holder of such a license has violated any of the provisions of thisArticle or any of the rules promulgated thereunder.

(2)        That the applicantfor or holder of such a license has knowingly presented to the State Board ofCommunity Colleges false or misleading information relating to approval orlicense.

(3)        That the applicantfor or holder of such a license has failed or refused to permit authorizedrepresentatives of the State Board of Community Colleges to inspect the school,or has refused to make available to them at any time upon request fullinformation pertaining to matters within the purview of the State Board ofCommunity Colleges under the provisions of this Article.

(4)        That the applicantfor or holder of such a license has perpetrated or committed fraud or deceit inadvertising the school or in presenting to the prospective students written ororal information relating to the school, to employment opportunities, or toopportunities for enrollment in other institutions upon completion of the instructionoffered in the school.

(5)        That the applicantor licensee has pleaded guilty, entered a plea of nolo contendere or has beenfound guilty of a crime involving moral turpitude by a judge or jury in anystate or federal court.

(6)        That the applicantor licensee has failed to provide or maintain premises, equipment or conditionswhich are adequate, safe and sanitary, in accordance with such standards of theState of North Carolina or any of its political subdivisions, as are applicableto such premises and equipment.

(7)        That the licensee isemploying teachers, supervisors or administrators who have not been approved bythe State Board, acting by and through the President of the Community CollegeSystem.

(8)        That the licenseehas failed to provide and maintain adequate premises, equipment, materials orsupplies, or has exceeded the maximum enrollment for which the school or classwas licensed.

(9)        That the licenseehas failed to provide and maintain adequate standards of instruction or anadequate and qualified administrative, supervisory or teaching staff.

(10)      (Effective July 1,2010) That the applicant for or a holder of a license has failed to providea required bond or bond alternative.

(11)      (Effective July 1,2010) That the applicant for or holder of a license has failed to payassessments into the Student Protection Fund.  (1961, c. 1175, s. 7; 1973, c. 1331, s. 3; 1981, c.423, s. 1; 1987, c. 442, ss. 1, 2; c. 827, s. 53; 1989 (Reg. Sess., 1990), c.877, s. 7; 2009‑562, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_115D > GS_115D-93

§ 115D‑93.  Suspension,revocation or refusal of license; notice and hearing; judicial review; grounds.

(a)        A refusal to issue,refusal to renew, suspension of, or revocation of a license under this sectionshall be made in accordance with Chapter 150B of the General Statutes.

(b)        A decision underthis section to refuse to grant, refuse to renew, suspend, or revoke a licenseis subject to judicial review in accordance with Article 4 of Chapter 150B ofthe General Statutes.

(c)        The State Board,acting by and through the President of the Community College System, shall havethe power to refuse to issue or renew any such license and to suspend or revokeany such license theretofore issued in case it finds one or more of thefollowing:

(1)        That the applicantfor or holder of such a license has violated any of the provisions of thisArticle or any of the rules promulgated thereunder.

(2)        That the applicantfor or holder of such a license has knowingly presented to the State Board ofCommunity Colleges false or misleading information relating to approval orlicense.

(3)        That the applicantfor or holder of such a license has failed or refused to permit authorizedrepresentatives of the State Board of Community Colleges to inspect the school,or has refused to make available to them at any time upon request fullinformation pertaining to matters within the purview of the State Board ofCommunity Colleges under the provisions of this Article.

(4)        That the applicantfor or holder of such a license has perpetrated or committed fraud or deceit inadvertising the school or in presenting to the prospective students written ororal information relating to the school, to employment opportunities, or toopportunities for enrollment in other institutions upon completion of the instructionoffered in the school.

(5)        That the applicantor licensee has pleaded guilty, entered a plea of nolo contendere or has beenfound guilty of a crime involving moral turpitude by a judge or jury in anystate or federal court.

(6)        That the applicantor licensee has failed to provide or maintain premises, equipment or conditionswhich are adequate, safe and sanitary, in accordance with such standards of theState of North Carolina or any of its political subdivisions, as are applicableto such premises and equipment.

(7)        That the licensee isemploying teachers, supervisors or administrators who have not been approved bythe State Board, acting by and through the President of the Community CollegeSystem.

(8)        That the licenseehas failed to provide and maintain adequate premises, equipment, materials orsupplies, or has exceeded the maximum enrollment for which the school or classwas licensed.

(9)        That the licenseehas failed to provide and maintain adequate standards of instruction or anadequate and qualified administrative, supervisory or teaching staff.

(10)      (Effective July 1,2010) That the applicant for or a holder of a license has failed to providea required bond or bond alternative.

(11)      (Effective July 1,2010) That the applicant for or holder of a license has failed to payassessments into the Student Protection Fund.  (1961, c. 1175, s. 7; 1973, c. 1331, s. 3; 1981, c.423, s. 1; 1987, c. 442, ss. 1, 2; c. 827, s. 53; 1989 (Reg. Sess., 1990), c.877, s. 7; 2009‑562, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115D > GS_115D-93

§ 115D‑93.  Suspension,revocation or refusal of license; notice and hearing; judicial review; grounds.

(a)        A refusal to issue,refusal to renew, suspension of, or revocation of a license under this sectionshall be made in accordance with Chapter 150B of the General Statutes.

(b)        A decision underthis section to refuse to grant, refuse to renew, suspend, or revoke a licenseis subject to judicial review in accordance with Article 4 of Chapter 150B ofthe General Statutes.

(c)        The State Board,acting by and through the President of the Community College System, shall havethe power to refuse to issue or renew any such license and to suspend or revokeany such license theretofore issued in case it finds one or more of thefollowing:

(1)        That the applicantfor or holder of such a license has violated any of the provisions of thisArticle or any of the rules promulgated thereunder.

(2)        That the applicantfor or holder of such a license has knowingly presented to the State Board ofCommunity Colleges false or misleading information relating to approval orlicense.

(3)        That the applicantfor or holder of such a license has failed or refused to permit authorizedrepresentatives of the State Board of Community Colleges to inspect the school,or has refused to make available to them at any time upon request fullinformation pertaining to matters within the purview of the State Board ofCommunity Colleges under the provisions of this Article.

(4)        That the applicantfor or holder of such a license has perpetrated or committed fraud or deceit inadvertising the school or in presenting to the prospective students written ororal information relating to the school, to employment opportunities, or toopportunities for enrollment in other institutions upon completion of the instructionoffered in the school.

(5)        That the applicantor licensee has pleaded guilty, entered a plea of nolo contendere or has beenfound guilty of a crime involving moral turpitude by a judge or jury in anystate or federal court.

(6)        That the applicantor licensee has failed to provide or maintain premises, equipment or conditionswhich are adequate, safe and sanitary, in accordance with such standards of theState of North Carolina or any of its political subdivisions, as are applicableto such premises and equipment.

(7)        That the licensee isemploying teachers, supervisors or administrators who have not been approved bythe State Board, acting by and through the President of the Community CollegeSystem.

(8)        That the licenseehas failed to provide and maintain adequate premises, equipment, materials orsupplies, or has exceeded the maximum enrollment for which the school or classwas licensed.

(9)        That the licenseehas failed to provide and maintain adequate standards of instruction or anadequate and qualified administrative, supervisory or teaching staff.

(10)      (Effective July 1,2010) That the applicant for or a holder of a license has failed to providea required bond or bond alternative.

(11)      (Effective July 1,2010) That the applicant for or holder of a license has failed to payassessments into the Student Protection Fund.  (1961, c. 1175, s. 7; 1973, c. 1331, s. 3; 1981, c.423, s. 1; 1987, c. 442, ss. 1, 2; c. 827, s. 53; 1989 (Reg. Sess., 1990), c.877, s. 7; 2009‑562, s. 1.)