State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_89C > GS_89C-10

§ 89C‑10.  Board powers.

(a)        The Board may adoptand amend all rules and rules of procedure as may be reasonably necessary forthe proper performance of its duties, the regulation of its procedures,meetings, records, the administration of examinations, and the authority toenforce the rules of professional conduct as may be adopted by the Boardpursuant to G.S. 89C‑20.

The action by the Board incarrying out any of the powers specified in this section shall be binding uponall persons licensed under this Chapter, including corporations and businessfirms holding certificates of authorization.

(b)        The Board shalladopt and have an official seal, which shall be affixed to each certificateissued.

(c)        The Board may inthe name of the State apply for relief, by injunction, in the establishedmanner provided in cases of civil procedure, without bond, to enforce theprovisions of this Chapter, or to restrain any violation of the provisions ofthis Chapter. In proceedings for injunctive relief, it shall not be necessaryto allege or prove either that an adequate remedy at law does not exist, orthat substantial or irreparable damage would result from the continuedviolation of the provisions of this Chapter. The members of the Board shall notbe personally liable under this proceeding.

(d)        The Board maysubject an applicant for licensure to any examination necessary to determinethe applicant's qualifications.

(e)        The Board may issuean appropriate certificate of licensure to any applicant who, in the opinion ofthe Board, has met the requirements of this Chapter.

(f)         It shall be theresponsibility and duty of the Board to conduct a regular program ofinvestigation concerning all matters within its jurisdiction under theprovisions of this Chapter. The investigation of a licensee is confidentialuntil the Board issues a citation to the licensee. The Board may expend itsfunds for salaries, fees, and per diem expenses, in connection with itsinvestigations, provided that no funds other than per diem expenses shall be paidto any member of the Board in connection with its investigations, nor may anymember of the Board give testimony and later sit in deciding on any matterwhich may directly involve punitive action for the testimony.

(g)        The Board may useits funds to establish and conduct instructional programs for persons who arecurrently licensed to practice engineering or land surveying, as well asrefresher courses for persons interested in obtaining adequate instruction orprograms of study to qualify them for licensure to practice engineering or landsurveying. The Board may expend its funds for these purposes and may not onlyconduct, sponsor, and arrange for instructional programs, but also may carryout instructional programs through extension courses or other media. The Boardmay enter into plans or agreements with community colleges, public or privateinstitutions of higher learning, State and county boards of education, or withthe governing authority of any industrial education center for the purpose ofplanning, scheduling or arranging courses, instruction, extension courses, orin assisting in obtaining courses of study or programs in the field ofengineering and land surveying. The Board shall encourage the educationalinstitutions in this State to offer courses necessary to complete theeducational requirements of this Chapter. For the purpose of carrying out theseobjectives, the Board may adopt rules as may be necessary for the educationalprograms, instruction, extension services, or for entering into plans orcontracts with persons or educational and industrial institutions.

(h)        The Board maylicense sponsors of continuing professional competency activities who agree toconduct programs in accordance with standards adopted by the Board. Sponsorsshall pay a license fee established by the Board, not to exceed two hundredfifty dollars ($250.00) for licensure under this subsection. The license feeshall accompany the application. Sponsors shall renew their licenses annuallyon a form provided by the Board.

(i)         The Board shallhave the power to acquire, hold, rent, encumber, alienate, and otherwise dealwith real property in the same manner as a private person or corporation,subject only to approval of the Governor and the Council of State. Collateralpledged by the Board for an encumbrance is limited to the assets, income, andrevenues of the Board. (1921, c. 1, ss. 3‑6; C.S., ss. 6055(d)‑6055(g); 1951, c.1084, s. 1; 1957, c. 1060, s. 1; 1963, c. 843; 1965, c. 940; 1975, c. 681, s.1; 1985 (Reg. Sess., 1986), c. 977, s. 16; 1993 (Reg. Sess., 1994), c. 671, s.8; 1998‑118, s. 8; 2003‑347, s. 1.)