State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90A > GS_90A-81

§ 90A‑81.  Remedies.

(a)        Denial, Suspension,and Revocation of Certification. – The Board may deny, suspend, or revoke acertificate under this Article for:

(1)        A violation of thisArticle or a rule of the Board.

(2)        The use of fraud ordeceit in obtaining or renewing a certificate.

(3)        Any act of grossnegligence, incompetence, or misconduct in the construction, installation,repair, or inspection of an on‑site wastewater system.

(4)        Failure tosatisfactorily complete continuing education requirements prescribed by theBoard.

(b)        Arbitration. – TheBoard may establish a voluntary arbitration procedure to resolve complaintsconcerning a certified contractor or inspector or any work performed by acertified contractor or inspector, or conflicts involving any certifiedcontractor or inspector and the Division of Environmental Health of theDepartment or a local health department.

(c)        Injunction. – TheBoard may ask the Attorney General to seek an injunction to restrain anyperson, firm, partnership, or corporation from violating the provisions of thisArticle or rules adopted by the Board. The Attorney General may bring an actionfor an injunction in the name of the State in the superior court of any countyin which the violator resides or the violator's principal place of business islocated. In any proceedings for an injunction, it shall not be necessary toallege or prove either that an adequate remedy at law does not exist, or thatsubstantial or irreparable damage would result from the continued violation. Membersof the Board shall not be personally or professionally liable for any act oromission pursuant to this subsection. The Board shall not be required to post abond in connection with any action to obtain an injunction.

(d)        Offenses. – Aperson who commits any one or more of the following offenses is guilty of aClass 2 misdemeanor:

(1)        Engages in or offersto engage in the construction, installation, repair, or inspection of an on‑sitewastewater system without the appropriate certificate for the grade level of on‑sitewastewater system.

(2)        Gives false orforged evidence of any kind in obtaining a certificate.

(3)        Falsely impersonatesa certified contractor or inspector. (2006‑82, s. 1.)