§ 74C‑12. Denial,suspension, or revocation of license, registration, or permit; duty to reportcriminal arrests.
(a) The Board may,after compliance with Chapter 150B of the General Statutes, deny, suspend orrevoke a license, registration, or permit issued under this Chapter if it isdetermined that the applicant, licensee, registrant, or permit holder has doneany of the following acts:
(1) Made any falsestatement or given any false information in connection with any application fora license, registration, or permit or for the renewal or reinstatement of alicense, registration, or permit.
(2) Violated anyprovision of this Chapter.
(3) Violated any ruleadopted by the Board pursuant to the authority contained in this Chapter.
(4) Repealed by SessionLaws 1989, c. 759, s. 10.
(5) Impersonated orpermitted or aided and abetted any other person to impersonate a lawenforcement officer of the United States, this State, any other state, or anypolitical subdivision of a state.
(6) Engaged in orpermitted any employee to engage in a private protective services professionwhen not lawfully in possession of a valid license issued under the provisionsof this Chapter.
(7) Willfully failed orrefused to render to a client service as agreed between the parties and forwhich compensation has been paid or tendered in accordance with the agreementof the parties.
(8) Knowingly made anyfalse report to the employer or client for whom information is being obtained.
(9) Committed anunlawful breaking or entering, assault, battery, or kidnapping.
(10) Knowingly violated oradvised, encouraged, or assisted the violation of any court order or injunctionin the course of business as a licensee.
(11) Repealed by SessionLaws 1989, c. 759, s. 10.
(12) Undertaken to givelegal advice or counsel or to in any way falsely represent that he or she isrepresenting any attorney or he or she is appearing or will appear as anattorney in any legal proceeding.
(13) Issued, delivered, oruttered any simulation of process of any nature which might lead a person tobelieve that such simulation written, printed, or typed may be a summons,warrant, writ or court process, or any pleading in any court proceeding.
(14) Failed to make therequired contribution to the Private Protective Services Education Fund orfailed to maintain the certificate of liability insurance required by thisChapter.
(15) Violated the firearmprovisions set forth in this Chapter.
(16) Repealed by SessionLaws 1989, c. 759, s. 10.
(17) Failed to notify theDirector by a business entity other than a sole proprietorship licensedpursuant to this Chapter of the cessation of employment of the businessentity's qualifying agent within the time set forth in this Chapter.
(18) Failed to obtain asubstitute qualifying agent by a business entity within 30 days after itsqualifying agent has ceased to serve as the business entity's qualifying agent.
(19) Been judgedincompetent by a court having jurisdiction under Chapter 35A or former Chapter35 of the General Statutes or committed to a mental health facility fortreatment of mental illness, as defined in G.S. 122C‑3, by a court underG.S. 122C‑271.
(20) Failed or refused tooffer a report to a client within 30 days of the client's written request afterthe client has paid for services rendered.
(21) Been previouslydenied a license, registration, or permit under this Chapter or previously hada license, registration, or permit revoked for cause. The denial or revocationshall include a principal in the applicant's business.
(22) Engaged in a privateprotective services profession under a name other than the name under which thelicense was obtained under the provisions of this Chapter.
(23) Divulged to anyperson, except as required by law, any information acquired by the license holderexcept at the direction of the employer or client for whom the information wasobtained. A licensee may divulge to any law enforcement officer or districtattorney or district attorney's representative any information the lawenforcement officer may require to investigate a criminal offense with theprior approval and consent of the client.
(24) Fraudulently heldhimself or herself out as employed by or licensed by the State Bureau ofInvestigation or any other governmental authority.
(25) Demonstratedintemperate habits or a lack of good moral character. The acts that are primafacie evidence of intemperate habits or lack of good moral character under G.S.74C‑8(d)(2) are prima facie evidence of the same under this subdivision.
(26) Advertised or solicitedbusiness using a name other than that in which the license was issued.
(27) Worn, carried, oraccepted any badge or shield purporting to indicate that the person is a lawenforcement officer while licensed under the provisions of this Chapter as a privateinvestigator.
(28) Possessed ordisplayed a badge or shield while providing private protective services thatwas not designed and approved by the Board pursuant to G.S. 74C‑5(12).
(29) Failed or refused toreasonably cooperate with the Board or its agents during an investigation ofany complaint, allegation, suspicion of wrongdoing, or violation of thisChapter.
(30) Failed to properlymake any disclosure to the Board or provide documents or information requiredby this Chapter or rules adopted by the Board.
(31) Engaged in conductconstituting dereliction of duty or otherwise deceived, defrauded, or harmedthe public in the course of professional activities or services.
(32) Demonstrated a lackof financial responsibility.
(b) The denial,revocation, or suspension of a license, registration, or permit by the Boardshall be in writing, be signed by the Director of the Board, and state thegrounds upon which the Board decision is based. The aggrieved person shall havethe right to appeal from this decision as provided in Chapter 150B of theGeneral Statutes. The aggrieved person shall file the appeal within 60 days ofreceipt of the Board's decision.
(c) The followingpersons may not be issued a license under this Chapter:
(1) A sworn courtofficial.
(2) A holder of acompany police commission under Chapter 74E of the General Statutes.
(d) A licensee shallreport to the Board in writing within 30 days any charge, arrest for, orconviction of a misdemeanor or felony for any of the following:
(1) Crimes that have asan essential element dishonesty, deceit, fraud, or misrepresentation.
(2) Illegal use,possession, sale, manufacture, distribution, or transportation of a controlledsubstance, drug, narcotic, or alcoholic beverage.
(3) Illegal use,carrying, or possession of a firearm.
(4) Acts involvingassault.
(5) Acts involvingunlawful breaking or entering, burglary, or larceny.
(6) Any offenseinvolving moral turpitude.
For purposes of this section, theterm "conviction" includes the entry of a plea of guilty, a plea ofnolo contendere, prayer for judgment continued, or a finding of guilt by acourt of competent jurisdiction. The licensee's failure to report a charge,arrest for, or conviction of a misdemeanor or felony is grounds for revocationof the license. (1979,c. 818, s. 2; 1981, c. 807, s. 6; 1987, c. 550, s. 20; c. 657, s. 6; 1989, c.759, s. 10; 1991 (Reg. Sess., 1992), c. 1043, s. 5; 2001‑487, s. 64(g);2007‑511, s. 7; 2009‑328, ss. 8, 9.)
§ 74C‑12. Denial,suspension, or revocation of license, registration, or permit; duty to reportcriminal arrests.
(a) The Board may,after compliance with Chapter 150B of the General Statutes, deny, suspend orrevoke a license, registration, or permit issued under this Chapter if it isdetermined that the applicant, licensee, registrant, or permit holder has doneany of the following acts:
(1) Made any falsestatement or given any false information in connection with any application fora license, registration, or permit or for the renewal or reinstatement of alicense, registration, or permit.
(2) Violated anyprovision of this Chapter.
(3) Violated any ruleadopted by the Board pursuant to the authority contained in this Chapter.
(4) Repealed by SessionLaws 1989, c. 759, s. 10.
(5) Impersonated orpermitted or aided and abetted any other person to impersonate a lawenforcement officer of the United States, this State, any other state, or anypolitical subdivision of a state.
(6) Engaged in orpermitted any employee to engage in a private protective services professionwhen not lawfully in possession of a valid license issued under the provisionsof this Chapter.
(7) Willfully failed orrefused to render to a client service as agreed between the parties and forwhich compensation has been paid or tendered in accordance with the agreementof the parties.
(8) Knowingly made anyfalse report to the employer or client for whom information is being obtained.
(9) Committed anunlawful breaking or entering, assault, battery, or kidnapping.
(10) Knowingly violated oradvised, encouraged, or assisted the violation of any court order or injunctionin the course of business as a licensee.
(11) Repealed by SessionLaws 1989, c. 759, s. 10.
(12) Undertaken to givelegal advice or counsel or to in any way falsely represent that he or she isrepresenting any attorney or he or she is appearing or will appear as anattorney in any legal proceeding.
(13) Issued, delivered, oruttered any simulation of process of any nature which might lead a person tobelieve that such simulation written, printed, or typed may be a summons,warrant, writ or court process, or any pleading in any court proceeding.
(14) Failed to make therequired contribution to the Private Protective Services Education Fund orfailed to maintain the certificate of liability insurance required by thisChapter.
(15) Violated the firearmprovisions set forth in this Chapter.
(16) Repealed by SessionLaws 1989, c. 759, s. 10.
(17) Failed to notify theDirector by a business entity other than a sole proprietorship licensedpursuant to this Chapter of the cessation of employment of the businessentity's qualifying agent within the time set forth in this Chapter.
(18) Failed to obtain asubstitute qualifying agent by a business entity within 30 days after itsqualifying agent has ceased to serve as the business entity's qualifying agent.
(19) Been judgedincompetent by a court having jurisdiction under Chapter 35A or former Chapter35 of the General Statutes or committed to a mental health facility fortreatment of mental illness, as defined in G.S. 122C‑3, by a court underG.S. 122C‑271.
(20) Failed or refused tooffer a report to a client within 30 days of the client's written request afterthe client has paid for services rendered.
(21) Been previouslydenied a license, registration, or permit under this Chapter or previously hada license, registration, or permit revoked for cause. The denial or revocationshall include a principal in the applicant's business.
(22) Engaged in a privateprotective services profession under a name other than the name under which thelicense was obtained under the provisions of this Chapter.
(23) Divulged to anyperson, except as required by law, any information acquired by the license holderexcept at the direction of the employer or client for whom the information wasobtained. A licensee may divulge to any law enforcement officer or districtattorney or district attorney's representative any information the lawenforcement officer may require to investigate a criminal offense with theprior approval and consent of the client.
(24) Fraudulently heldhimself or herself out as employed by or licensed by the State Bureau ofInvestigation or any other governmental authority.
(25) Demonstratedintemperate habits or a lack of good moral character. The acts that are primafacie evidence of intemperate habits or lack of good moral character under G.S.74C‑8(d)(2) are prima facie evidence of the same under this subdivision.
(26) Advertised or solicitedbusiness using a name other than that in which the license was issued.
(27) Worn, carried, oraccepted any badge or shield purporting to indicate that the person is a lawenforcement officer while licensed under the provisions of this Chapter as a privateinvestigator.
(28) Possessed ordisplayed a badge or shield while providing private protective services thatwas not designed and approved by the Board pursuant to G.S. 74C‑5(12).
(29) Failed or refused toreasonably cooperate with the Board or its agents during an investigation ofany complaint, allegation, suspicion of wrongdoing, or violation of thisChapter.
(30) Failed to properlymake any disclosure to the Board or provide documents or information requiredby this Chapter or rules adopted by the Board.
(31) Engaged in conductconstituting dereliction of duty or otherwise deceived, defrauded, or harmedthe public in the course of professional activities or services.
(32) Demonstrated a lackof financial responsibility.
(b) The denial,revocation, or suspension of a license, registration, or permit by the Boardshall be in writing, be signed by the Director of the Board, and state thegrounds upon which the Board decision is based. The aggrieved person shall havethe right to appeal from this decision as provided in Chapter 150B of theGeneral Statutes. The aggrieved person shall file the appeal within 60 days ofreceipt of the Board's decision.
(c) The followingpersons may not be issued a license under this Chapter:
(1) A sworn courtofficial.
(2) A holder of acompany police commission under Chapter 74E of the General Statutes.
(d) A licensee shallreport to the Board in writing within 30 days any charge, arrest for, orconviction of a misdemeanor or felony for any of the following:
(1) Crimes that have asan essential element dishonesty, deceit, fraud, or misrepresentation.
(2) Illegal use,possession, sale, manufacture, distribution, or transportation of a controlledsubstance, drug, narcotic, or alcoholic beverage.
(3) Illegal use,carrying, or possession of a firearm.
(4) Acts involvingassault.
(5) Acts involvingunlawful breaking or entering, burglary, or larceny.
(6) Any offenseinvolving moral turpitude.
For purposes of this section, theterm "conviction" includes the entry of a plea of guilty, a plea ofnolo contendere, prayer for judgment continued, or a finding of guilt by acourt of competent jurisdiction. The licensee's failure to report a charge,arrest for, or conviction of a misdemeanor or felony is grounds for revocationof the license. (1979,c. 818, s. 2; 1981, c. 807, s. 6; 1987, c. 550, s. 20; c. 657, s. 6; 1989, c.759, s. 10; 1991 (Reg. Sess., 1992), c. 1043, s. 5; 2001‑487, s. 64(g);2007‑511, s. 7; 2009‑328, ss. 8, 9.)
§ 74C‑12. Denial,suspension, or revocation of license, registration, or permit; duty to reportcriminal arrests.
(a) The Board may,after compliance with Chapter 150B of the General Statutes, deny, suspend orrevoke a license, registration, or permit issued under this Chapter if it isdetermined that the applicant, licensee, registrant, or permit holder has doneany of the following acts:
(1) Made any falsestatement or given any false information in connection with any application fora license, registration, or permit or for the renewal or reinstatement of alicense, registration, or permit.
(2) Violated anyprovision of this Chapter.
(3) Violated any ruleadopted by the Board pursuant to the authority contained in this Chapter.
(4) Repealed by SessionLaws 1989, c. 759, s. 10.
(5) Impersonated orpermitted or aided and abetted any other person to impersonate a lawenforcement officer of the United States, this State, any other state, or anypolitical subdivision of a state.
(6) Engaged in orpermitted any employee to engage in a private protective services professionwhen not lawfully in possession of a valid license issued under the provisionsof this Chapter.
(7) Willfully failed orrefused to render to a client service as agreed between the parties and forwhich compensation has been paid or tendered in accordance with the agreementof the parties.
(8) Knowingly made anyfalse report to the employer or client for whom information is being obtained.
(9) Committed anunlawful breaking or entering, assault, battery, or kidnapping.
(10) Knowingly violated oradvised, encouraged, or assisted the violation of any court order or injunctionin the course of business as a licensee.
(11) Repealed by SessionLaws 1989, c. 759, s. 10.
(12) Undertaken to givelegal advice or counsel or to in any way falsely represent that he or she isrepresenting any attorney or he or she is appearing or will appear as anattorney in any legal proceeding.
(13) Issued, delivered, oruttered any simulation of process of any nature which might lead a person tobelieve that such simulation written, printed, or typed may be a summons,warrant, writ or court process, or any pleading in any court proceeding.
(14) Failed to make therequired contribution to the Private Protective Services Education Fund orfailed to maintain the certificate of liability insurance required by thisChapter.
(15) Violated the firearmprovisions set forth in this Chapter.
(16) Repealed by SessionLaws 1989, c. 759, s. 10.
(17) Failed to notify theDirector by a business entity other than a sole proprietorship licensedpursuant to this Chapter of the cessation of employment of the businessentity's qualifying agent within the time set forth in this Chapter.
(18) Failed to obtain asubstitute qualifying agent by a business entity within 30 days after itsqualifying agent has ceased to serve as the business entity's qualifying agent.
(19) Been judgedincompetent by a court having jurisdiction under Chapter 35A or former Chapter35 of the General Statutes or committed to a mental health facility fortreatment of mental illness, as defined in G.S. 122C‑3, by a court underG.S. 122C‑271.
(20) Failed or refused tooffer a report to a client within 30 days of the client's written request afterthe client has paid for services rendered.
(21) Been previouslydenied a license, registration, or permit under this Chapter or previously hada license, registration, or permit revoked for cause. The denial or revocationshall include a principal in the applicant's business.
(22) Engaged in a privateprotective services profession under a name other than the name under which thelicense was obtained under the provisions of this Chapter.
(23) Divulged to anyperson, except as required by law, any information acquired by the license holderexcept at the direction of the employer or client for whom the information wasobtained. A licensee may divulge to any law enforcement officer or districtattorney or district attorney's representative any information the lawenforcement officer may require to investigate a criminal offense with theprior approval and consent of the client.
(24) Fraudulently heldhimself or herself out as employed by or licensed by the State Bureau ofInvestigation or any other governmental authority.
(25) Demonstratedintemperate habits or a lack of good moral character. The acts that are primafacie evidence of intemperate habits or lack of good moral character under G.S.74C‑8(d)(2) are prima facie evidence of the same under this subdivision.
(26) Advertised or solicitedbusiness using a name other than that in which the license was issued.
(27) Worn, carried, oraccepted any badge or shield purporting to indicate that the person is a lawenforcement officer while licensed under the provisions of this Chapter as a privateinvestigator.
(28) Possessed ordisplayed a badge or shield while providing private protective services thatwas not designed and approved by the Board pursuant to G.S. 74C‑5(12).
(29) Failed or refused toreasonably cooperate with the Board or its agents during an investigation ofany complaint, allegation, suspicion of wrongdoing, or violation of thisChapter.
(30) Failed to properlymake any disclosure to the Board or provide documents or information requiredby this Chapter or rules adopted by the Board.
(31) Engaged in conductconstituting dereliction of duty or otherwise deceived, defrauded, or harmedthe public in the course of professional activities or services.
(32) Demonstrated a lackof financial responsibility.
(b) The denial,revocation, or suspension of a license, registration, or permit by the Boardshall be in writing, be signed by the Director of the Board, and state thegrounds upon which the Board decision is based. The aggrieved person shall havethe right to appeal from this decision as provided in Chapter 150B of theGeneral Statutes. The aggrieved person shall file the appeal within 60 days ofreceipt of the Board's decision.
(c) The followingpersons may not be issued a license under this Chapter:
(1) A sworn courtofficial.
(2) A holder of acompany police commission under Chapter 74E of the General Statutes.
(d) A licensee shallreport to the Board in writing within 30 days any charge, arrest for, orconviction of a misdemeanor or felony for any of the following:
(1) Crimes that have asan essential element dishonesty, deceit, fraud, or misrepresentation.
(2) Illegal use,possession, sale, manufacture, distribution, or transportation of a controlledsubstance, drug, narcotic, or alcoholic beverage.
(3) Illegal use,carrying, or possession of a firearm.
(4) Acts involvingassault.
(5) Acts involvingunlawful breaking or entering, burglary, or larceny.
(6) Any offenseinvolving moral turpitude.
For purposes of this section, theterm "conviction" includes the entry of a plea of guilty, a plea ofnolo contendere, prayer for judgment continued, or a finding of guilt by acourt of competent jurisdiction. The licensee's failure to report a charge,arrest for, or conviction of a misdemeanor or felony is grounds for revocationof the license. (1979,c. 818, s. 2; 1981, c. 807, s. 6; 1987, c. 550, s. 20; c. 657, s. 6; 1989, c.759, s. 10; 1991 (Reg. Sess., 1992), c. 1043, s. 5; 2001‑487, s. 64(g);2007‑511, s. 7; 2009‑328, ss. 8, 9.)
