charge, filed under Rule .1102 of this Section, shall be referred initially to
a review committee.
committee shall be made up of the following individuals:
(1) one officer, other than the Chairman, of
the State Board of Refrigeration Examiners,
(2) the legal counsel of the Board,
(3) the Executive Director of the State Board
of Refrigeration Examiners.
(c) The review committee shall have the
authority to determine prior to a full Board hearing whether or not charges
filed against a refrigeration contractor are unfounded, frivolous or trivial.
The determination of the review committee shall be final in this
(d) Once a charge is
referred to the review committee a written notice of said charge shall be
forwarded to the licensee against whom the charge is made. Notice of the charge
and of the alleged facts and circumstances surrounding the charge shall be
given personally or by registered or certified mail, return receipt requested.
A response to said charges shall be requested of the licensee so charged and
shall be made within twenty days from the date shown on the return mail
certificate or date of personal notice.
(e) If the licensee denies the charges
brought against him, then in the sole discretion of the review committee,
additional investigative personnel may be retained by the Board for the purpose
of obtaining evidence relating to such charges. The reasonable expenses of any
such additional personnel shall be borne by the Board.
After all preliminary evidence has been
received by the review committee it shall make a preliminary determination of
the charges filed against the refrigeration contractor. From the evidence it
may recommend to the Board that:
charges be dismissed as unfounded, frivolous, trivial; or
when the charge is admitted by the
licensee or the evidence warrants, the Board be presented with the charge for
its decision. If the charge is of such gravity as to make the imposition of
punitive sanctions likely, the Board may administer one or more of the
following penalties if the licensee is found to have violated the provisions of
Article 5 of Chapter 87 of the General Statutes;
(B) Suspension from practice for a period not
to exceed 12 months;
Probationary revocation of license upon conditions set by the Board as the case
shall warrant with revocation upon failure to comply with the conditions;
(D) Revocation of license;
(E) An acceptance of an offer in
compromise of the charge, as provided by
(3) if the charge is denied and
evidence warrants, or if the charge, while admitted, is of such gravity as to
make the imposition of punitive sanctions likely, the charge be presented to
the Board for its decision on the merits of the charge in accordance with G.S.
150B. In connection with any such reprimand and subsequent order the Board may
also provide that in the event the licensee is determined to have violated in
the future any of the provisions of G.S. 87, Article 5, the Board may suspend
or revoke his license as prescribed by law.