North Carolina General Statutes 58-89A-155. Grounds for disciplinary action
(a) The Commissioner may take disciplinary action against a licensee or any person subject to licensure requirements under this Article on any of the following grounds:
(1) Being convicted or having an officer or controlling person of the licensee convicted of:
a. Bribery, fraud, or intentional or material misrepresentation in obtaining or attempting to obtain a license;
b. A crime that relates to the operation of a professional employer organization or the ability of the licensee or any officer or controlling person of the licensee to operate a professional employer organization;
c. A crime that relates to the classification, misclassification, or underreporting of employees required by State law;
d. A crime that relates to the establishment or maintenance of a self-insurance program, whether health insurance, workers’ compensation insurance, or other insurance;
e. A crime that relates to fraud, deceit, or misconduct in the operation of a professional employer service; or
f. A crime that involves dishonesty or breach of trust.
(2) Engaging in professional employer services or offering to engage in the provision of professional employer services without a license.
(3) Failure to provide notice in writing of the discontinuance and replacement, if any, of any insurance coverage, to the Commissioner and client company within 10 business days of the discontinuance of any insurance coverage pursuant to N.C. Gen. Stat. § 58-89A-115.
(4) Repealed by Session Laws 2013-413, s. 11.1(h), effective October 1, 2013.
(5) Failure to satisfy any of the requirements for licensure in this Article.
(b) For purposes of this section, a conviction includes an adjudication of guilt, a plea of guilty, and a plea of nolo contendere. ?(2004-162, s. 1; 2013-413, s. 11.1(h).)
Terms Used In North Carolina General Statutes 58-89A-155
- Conviction: A judgement of guilt against a criminal defendant.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Fraud: Intentional deception resulting in injury to another.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3