State Codes and Statutes

Statutes > North-carolina > Chapter_19A > GS_19A-30

§19A‑30.  Refusal, suspension or revocation of certificate or license.

The Director may refuse toissue or renew or may suspend or revoke a certificate of registration for anyanimal shelter or a license for any public auction, kennel, pet shop, or dealer,if after an impartial investigation as provided in this Article he determinesthat any one or more of the following grounds apply:

(1)        Materialmisstatement in the application for the original certificate of registration orlicense or in the application for any renewal under this Article;

(2)        Willful disregard orviolation of this Article or any rules issued pursuant thereto;

(3)        Failure to provideadequate housing facilities and/or primary enclosures for the purposes of thisArticle, or if the feeding, watering, sanitizing and housing practices at theanimal shelter, public auction, pet shop, or kennel are not consistent with theintent of this Article or the rules adopted under this Article;

(4)        Allowing one'slicense under this Article to be used by an unlicensed person;

(5)        Conviction of anycrime an essential element of which is misstatement, fraud, or dishonesty, orconviction of any felony;

(6)        Making substantialmisrepresentations or false promises of a character likely to influence,persuade, or induce in connection with the business of a public auction,commercial  kennel, pet shop, or dealer;

(7)        Pursuing a continuedcourse of misrepresentation of or making false promises through advertising,salesmen, agents, or otherwise in connection with the business to be licensed;

(8)        Failure to possessthe necessary qualifications or to meet the requirements of this Article forthe issuance or holding of a certificate of registration or license.

The Director shall, beforerefusing to issue or renew and before  suspension or revocation of acertificate of registration or a license, give to the applicant or holderthereof a written notice containing a statement indicating in what respects theapplicant or holder has failed to satisfy the requirements for the holding of acertificate of registration or a license. If a certificate of registration or alicense is suspended or revoked under the provisions hereof, the holder shallhave five days from such suspension or revocation to surrender all certificatesof registration or licenses issued thereunder to the Director or his authorizedrepresentative.

A person to whom a certificateof registration or a license is denied, suspended, or revoked by the Directormay contest the action by filing a petition under G.S. 150B‑23 withinfive days after the denial, suspension, or revocation.

Any licensee whose license isrevoked under the provisions of this  Article shall not be eligible to applyfor a new license hereunder until one year has elapsed from the date of theorder revoking said license or if an appeal is taken from said order ofrevocation, one year from the date of the order or final judgment sustainingsaid revocation. Any person who has been an officer, agent, or employee of alicensee whose license has been revoked or suspended and who is responsible foror participated in the violation upon which the order of suspension orrevocation was based, shall not be licensed within the period during which theorder of suspension or revocation is in effect. (1977, 2nd Sess., c. 1217, s.11; 1987, c. 827, s. 67.)

State Codes and Statutes

Statutes > North-carolina > Chapter_19A > GS_19A-30

§19A‑30.  Refusal, suspension or revocation of certificate or license.

The Director may refuse toissue or renew or may suspend or revoke a certificate of registration for anyanimal shelter or a license for any public auction, kennel, pet shop, or dealer,if after an impartial investigation as provided in this Article he determinesthat any one or more of the following grounds apply:

(1)        Materialmisstatement in the application for the original certificate of registration orlicense or in the application for any renewal under this Article;

(2)        Willful disregard orviolation of this Article or any rules issued pursuant thereto;

(3)        Failure to provideadequate housing facilities and/or primary enclosures for the purposes of thisArticle, or if the feeding, watering, sanitizing and housing practices at theanimal shelter, public auction, pet shop, or kennel are not consistent with theintent of this Article or the rules adopted under this Article;

(4)        Allowing one'slicense under this Article to be used by an unlicensed person;

(5)        Conviction of anycrime an essential element of which is misstatement, fraud, or dishonesty, orconviction of any felony;

(6)        Making substantialmisrepresentations or false promises of a character likely to influence,persuade, or induce in connection with the business of a public auction,commercial  kennel, pet shop, or dealer;

(7)        Pursuing a continuedcourse of misrepresentation of or making false promises through advertising,salesmen, agents, or otherwise in connection with the business to be licensed;

(8)        Failure to possessthe necessary qualifications or to meet the requirements of this Article forthe issuance or holding of a certificate of registration or license.

The Director shall, beforerefusing to issue or renew and before  suspension or revocation of acertificate of registration or a license, give to the applicant or holderthereof a written notice containing a statement indicating in what respects theapplicant or holder has failed to satisfy the requirements for the holding of acertificate of registration or a license. If a certificate of registration or alicense is suspended or revoked under the provisions hereof, the holder shallhave five days from such suspension or revocation to surrender all certificatesof registration or licenses issued thereunder to the Director or his authorizedrepresentative.

A person to whom a certificateof registration or a license is denied, suspended, or revoked by the Directormay contest the action by filing a petition under G.S. 150B‑23 withinfive days after the denial, suspension, or revocation.

Any licensee whose license isrevoked under the provisions of this  Article shall not be eligible to applyfor a new license hereunder until one year has elapsed from the date of theorder revoking said license or if an appeal is taken from said order ofrevocation, one year from the date of the order or final judgment sustainingsaid revocation. Any person who has been an officer, agent, or employee of alicensee whose license has been revoked or suspended and who is responsible foror participated in the violation upon which the order of suspension orrevocation was based, shall not be licensed within the period during which theorder of suspension or revocation is in effect. (1977, 2nd Sess., c. 1217, s.11; 1987, c. 827, s. 67.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_19A > GS_19A-30

§19A‑30.  Refusal, suspension or revocation of certificate or license.

The Director may refuse toissue or renew or may suspend or revoke a certificate of registration for anyanimal shelter or a license for any public auction, kennel, pet shop, or dealer,if after an impartial investigation as provided in this Article he determinesthat any one or more of the following grounds apply:

(1)        Materialmisstatement in the application for the original certificate of registration orlicense or in the application for any renewal under this Article;

(2)        Willful disregard orviolation of this Article or any rules issued pursuant thereto;

(3)        Failure to provideadequate housing facilities and/or primary enclosures for the purposes of thisArticle, or if the feeding, watering, sanitizing and housing practices at theanimal shelter, public auction, pet shop, or kennel are not consistent with theintent of this Article or the rules adopted under this Article;

(4)        Allowing one'slicense under this Article to be used by an unlicensed person;

(5)        Conviction of anycrime an essential element of which is misstatement, fraud, or dishonesty, orconviction of any felony;

(6)        Making substantialmisrepresentations or false promises of a character likely to influence,persuade, or induce in connection with the business of a public auction,commercial  kennel, pet shop, or dealer;

(7)        Pursuing a continuedcourse of misrepresentation of or making false promises through advertising,salesmen, agents, or otherwise in connection with the business to be licensed;

(8)        Failure to possessthe necessary qualifications or to meet the requirements of this Article forthe issuance or holding of a certificate of registration or license.

The Director shall, beforerefusing to issue or renew and before  suspension or revocation of acertificate of registration or a license, give to the applicant or holderthereof a written notice containing a statement indicating in what respects theapplicant or holder has failed to satisfy the requirements for the holding of acertificate of registration or a license. If a certificate of registration or alicense is suspended or revoked under the provisions hereof, the holder shallhave five days from such suspension or revocation to surrender all certificatesof registration or licenses issued thereunder to the Director or his authorizedrepresentative.

A person to whom a certificateof registration or a license is denied, suspended, or revoked by the Directormay contest the action by filing a petition under G.S. 150B‑23 withinfive days after the denial, suspension, or revocation.

Any licensee whose license isrevoked under the provisions of this  Article shall not be eligible to applyfor a new license hereunder until one year has elapsed from the date of theorder revoking said license or if an appeal is taken from said order ofrevocation, one year from the date of the order or final judgment sustainingsaid revocation. Any person who has been an officer, agent, or employee of alicensee whose license has been revoked or suspended and who is responsible foror participated in the violation upon which the order of suspension orrevocation was based, shall not be licensed within the period during which theorder of suspension or revocation is in effect. (1977, 2nd Sess., c. 1217, s.11; 1987, c. 827, s. 67.)

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