State Codes and Statutes

Statutes > North-carolina > Chapter_75A > GS_75A-5_2

§ 75A‑5.2.  Vesselagents.

(a)        In order tofacilitate the convenience of the public, the efficiency of administration, theneed to keep statistics and records affecting the conservation of wildliferesources, boating, water safety, and other matters within the jurisdiction ofthe Commission, and to facilitate vessel transactions, the Commission mayconduct vessel transactions through any of the following:

(1)        Vessel agents.

(2)        The Commission'sheadquarters.

(3)        Employees of theCommission.

(4)        Two or more of thosesources simultaneously.

(b)        When there aresubstantial reasons for differing treatment, the Commission may conduct vesseltransactions by one method in one locality and by another method in anotherlocality.

(c)        As compensation forservices rendered to the Commission and to the general public, vessel agentsshall receive the following specified commission from the statutory fee foreach listed transaction:

(1)        Renewal ofcertificate of number – $1.25.

(2)        Transfer ofownership and certificate of number – $3.00.

(3)        Issuance of newcertificate of number – $3.00.

(4)        Issuance ofduplicate certificate of number – $0.50.

(5)        Issuance or transferof certificate of title – $3.00.

(d)        When certificatesof number are to be issued by vessel agents as provided by subsection (a) ofthis section, the Commission may adopt rules to provide for any of thefollowing:

(1)        Qualifications ofthe vessel agents.

(2)        Duties of the vesselagents.

(3)        Methods andprocedures to ensure accountability and security for proceeds and unissuedcertificates of number.

(4)        Types and amounts ofevidence that a vessel agent must submit to relieve the agent of responsibilityfor losses due to occurrences beyond the control of the agent.

(5)        Any other reasonablerequirement or condition that the Commission deems necessary to expedite andcontrol the issuance of certificates of number by vessel agents.

(e)        The Commission mayadopt rules to authorize the Director to take any of the following actionsrelated to vessel agents:

(1)        Select and appointvessel agents in the areas most convenient to the boating public.

(2)        Limit the number ofvessel agents in any one area if necessary for efficiency of operation.

(3)        Require prompt andaccurate reporting and remittance of public funds or documents by vesselagents.

(4)        Conduct periodic andspecial audits of accounts.

(5)        Suspend or terminatethe authorization of any vessel agent found to be noncompliant with rulesadopted by the Commission or when State funds or property are reasonablybelieved to be in jeopardy.

(6)        Require theimmediate surrender of all equipment, forms, supplies, records, and State fundsand property issued by or belonging to the Commission, in the event of thetermination of a license agent.

(f)         The Commission isexempt from the contested case provisions of Chapter 150B of the GeneralStatutes with respect to determinations of whether to authorize or terminatethe authority of a person to conduct vessel transactions as a vessel agent ofthe Commission.

(g)        If any check orbank account draft of any vessel agent for the issuance of certificates ofnumber shall be returned by the banking facility upon which the same is drawnfor lack of funds, the vessel agent shall be liable to the Commission for apenalty of five percent (5%) of the amount of the check or bank account draft,but in no event shall the penalty be less than five dollars ($5.00) or morethan two hundred dollars ($200.00). Vessel agents shall be assessed a penaltyof twenty‑five percent (25%) of their issuing fee on all remittances tothe Commission after the fifteenth day of the month immediately following themonth of sale.

(h)        It is a Class 1misdemeanor for a vessel agent to do any of the following:

(1)        Withhold ormisappropriate funds generated from vessel transactions.

(2)        Falsify records ofvessel transactions.

(3)        Willfully andknowingly assist or allow a person to obtain a certificate of number orcertificate of title for which the person is ineligible.

(4)        Willfully issue abackdated certificate of number or certificate of title.

(5)        Willfully includefalse information or omit material information on vessel transaction forms andrecords regarding either:

a.         A person'sentitlement to a particular certificate of number or certificate of title.

b.         The applicability orterm of a particular certificate of number.

(6)        Charge or accept anyfee, remuneration, or other item of value that exceeds the fee amounts providedby statute.

(7)        Charge or accept anyadditional fee, remuneration, or other item of value in association with anyactivity set out in subdivisions (1) through (5) of this subsection. (2006‑185, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_75A > GS_75A-5_2

§ 75A‑5.2.  Vesselagents.

(a)        In order tofacilitate the convenience of the public, the efficiency of administration, theneed to keep statistics and records affecting the conservation of wildliferesources, boating, water safety, and other matters within the jurisdiction ofthe Commission, and to facilitate vessel transactions, the Commission mayconduct vessel transactions through any of the following:

(1)        Vessel agents.

(2)        The Commission'sheadquarters.

(3)        Employees of theCommission.

(4)        Two or more of thosesources simultaneously.

(b)        When there aresubstantial reasons for differing treatment, the Commission may conduct vesseltransactions by one method in one locality and by another method in anotherlocality.

(c)        As compensation forservices rendered to the Commission and to the general public, vessel agentsshall receive the following specified commission from the statutory fee foreach listed transaction:

(1)        Renewal ofcertificate of number – $1.25.

(2)        Transfer ofownership and certificate of number – $3.00.

(3)        Issuance of newcertificate of number – $3.00.

(4)        Issuance ofduplicate certificate of number – $0.50.

(5)        Issuance or transferof certificate of title – $3.00.

(d)        When certificatesof number are to be issued by vessel agents as provided by subsection (a) ofthis section, the Commission may adopt rules to provide for any of thefollowing:

(1)        Qualifications ofthe vessel agents.

(2)        Duties of the vesselagents.

(3)        Methods andprocedures to ensure accountability and security for proceeds and unissuedcertificates of number.

(4)        Types and amounts ofevidence that a vessel agent must submit to relieve the agent of responsibilityfor losses due to occurrences beyond the control of the agent.

(5)        Any other reasonablerequirement or condition that the Commission deems necessary to expedite andcontrol the issuance of certificates of number by vessel agents.

(e)        The Commission mayadopt rules to authorize the Director to take any of the following actionsrelated to vessel agents:

(1)        Select and appointvessel agents in the areas most convenient to the boating public.

(2)        Limit the number ofvessel agents in any one area if necessary for efficiency of operation.

(3)        Require prompt andaccurate reporting and remittance of public funds or documents by vesselagents.

(4)        Conduct periodic andspecial audits of accounts.

(5)        Suspend or terminatethe authorization of any vessel agent found to be noncompliant with rulesadopted by the Commission or when State funds or property are reasonablybelieved to be in jeopardy.

(6)        Require theimmediate surrender of all equipment, forms, supplies, records, and State fundsand property issued by or belonging to the Commission, in the event of thetermination of a license agent.

(f)         The Commission isexempt from the contested case provisions of Chapter 150B of the GeneralStatutes with respect to determinations of whether to authorize or terminatethe authority of a person to conduct vessel transactions as a vessel agent ofthe Commission.

(g)        If any check orbank account draft of any vessel agent for the issuance of certificates ofnumber shall be returned by the banking facility upon which the same is drawnfor lack of funds, the vessel agent shall be liable to the Commission for apenalty of five percent (5%) of the amount of the check or bank account draft,but in no event shall the penalty be less than five dollars ($5.00) or morethan two hundred dollars ($200.00). Vessel agents shall be assessed a penaltyof twenty‑five percent (25%) of their issuing fee on all remittances tothe Commission after the fifteenth day of the month immediately following themonth of sale.

(h)        It is a Class 1misdemeanor for a vessel agent to do any of the following:

(1)        Withhold ormisappropriate funds generated from vessel transactions.

(2)        Falsify records ofvessel transactions.

(3)        Willfully andknowingly assist or allow a person to obtain a certificate of number orcertificate of title for which the person is ineligible.

(4)        Willfully issue abackdated certificate of number or certificate of title.

(5)        Willfully includefalse information or omit material information on vessel transaction forms andrecords regarding either:

a.         A person'sentitlement to a particular certificate of number or certificate of title.

b.         The applicability orterm of a particular certificate of number.

(6)        Charge or accept anyfee, remuneration, or other item of value that exceeds the fee amounts providedby statute.

(7)        Charge or accept anyadditional fee, remuneration, or other item of value in association with anyactivity set out in subdivisions (1) through (5) of this subsection. (2006‑185, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_75A > GS_75A-5_2

§ 75A‑5.2.  Vesselagents.

(a)        In order tofacilitate the convenience of the public, the efficiency of administration, theneed to keep statistics and records affecting the conservation of wildliferesources, boating, water safety, and other matters within the jurisdiction ofthe Commission, and to facilitate vessel transactions, the Commission mayconduct vessel transactions through any of the following:

(1)        Vessel agents.

(2)        The Commission'sheadquarters.

(3)        Employees of theCommission.

(4)        Two or more of thosesources simultaneously.

(b)        When there aresubstantial reasons for differing treatment, the Commission may conduct vesseltransactions by one method in one locality and by another method in anotherlocality.

(c)        As compensation forservices rendered to the Commission and to the general public, vessel agentsshall receive the following specified commission from the statutory fee foreach listed transaction:

(1)        Renewal ofcertificate of number – $1.25.

(2)        Transfer ofownership and certificate of number – $3.00.

(3)        Issuance of newcertificate of number – $3.00.

(4)        Issuance ofduplicate certificate of number – $0.50.

(5)        Issuance or transferof certificate of title – $3.00.

(d)        When certificatesof number are to be issued by vessel agents as provided by subsection (a) ofthis section, the Commission may adopt rules to provide for any of thefollowing:

(1)        Qualifications ofthe vessel agents.

(2)        Duties of the vesselagents.

(3)        Methods andprocedures to ensure accountability and security for proceeds and unissuedcertificates of number.

(4)        Types and amounts ofevidence that a vessel agent must submit to relieve the agent of responsibilityfor losses due to occurrences beyond the control of the agent.

(5)        Any other reasonablerequirement or condition that the Commission deems necessary to expedite andcontrol the issuance of certificates of number by vessel agents.

(e)        The Commission mayadopt rules to authorize the Director to take any of the following actionsrelated to vessel agents:

(1)        Select and appointvessel agents in the areas most convenient to the boating public.

(2)        Limit the number ofvessel agents in any one area if necessary for efficiency of operation.

(3)        Require prompt andaccurate reporting and remittance of public funds or documents by vesselagents.

(4)        Conduct periodic andspecial audits of accounts.

(5)        Suspend or terminatethe authorization of any vessel agent found to be noncompliant with rulesadopted by the Commission or when State funds or property are reasonablybelieved to be in jeopardy.

(6)        Require theimmediate surrender of all equipment, forms, supplies, records, and State fundsand property issued by or belonging to the Commission, in the event of thetermination of a license agent.

(f)         The Commission isexempt from the contested case provisions of Chapter 150B of the GeneralStatutes with respect to determinations of whether to authorize or terminatethe authority of a person to conduct vessel transactions as a vessel agent ofthe Commission.

(g)        If any check orbank account draft of any vessel agent for the issuance of certificates ofnumber shall be returned by the banking facility upon which the same is drawnfor lack of funds, the vessel agent shall be liable to the Commission for apenalty of five percent (5%) of the amount of the check or bank account draft,but in no event shall the penalty be less than five dollars ($5.00) or morethan two hundred dollars ($200.00). Vessel agents shall be assessed a penaltyof twenty‑five percent (25%) of their issuing fee on all remittances tothe Commission after the fifteenth day of the month immediately following themonth of sale.

(h)        It is a Class 1misdemeanor for a vessel agent to do any of the following:

(1)        Withhold ormisappropriate funds generated from vessel transactions.

(2)        Falsify records ofvessel transactions.

(3)        Willfully andknowingly assist or allow a person to obtain a certificate of number orcertificate of title for which the person is ineligible.

(4)        Willfully issue abackdated certificate of number or certificate of title.

(5)        Willfully includefalse information or omit material information on vessel transaction forms andrecords regarding either:

a.         A person'sentitlement to a particular certificate of number or certificate of title.

b.         The applicability orterm of a particular certificate of number.

(6)        Charge or accept anyfee, remuneration, or other item of value that exceeds the fee amounts providedby statute.

(7)        Charge or accept anyadditional fee, remuneration, or other item of value in association with anyactivity set out in subdivisions (1) through (5) of this subsection. (2006‑185, s. 1.)