North Carolina General Statutes 90A-74. Powers and duties of the Board
The Board shall have the following general powers and duties:
(1) To adopt rules in the manner prescribed by Chapter 150B of the N.C. Gen. Stat. to govern its actions and to implement the provisions of this Article, as well as the provisions of N.C. Gen. Stat. § 130A-336.2
Terms Used In North Carolina General Statutes 90A-74
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
- 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
(2) To determine the eligibility requirements for persons seeking certification pursuant to this Article.
(3) To establish grade levels of certifications based on design capacity, complexity, projected costs, and other features of approved on-site wastewater systems.
(4) To develop and administer examinations for specific grade levels of certification as approved by the Board. The Board may approve applications by recognized associations for certification of its members after a review of the requirements of the association to ensure that they are equivalent to the requirements of the Board.
(5) To issue, renew, deny, restrict, suspend, or revoke certifications and to carry out any of the other actions authorized by this Article.
(6) To establish, publish, and enforce rules of professional conduct of persons who are certified pursuant to this Article.
(7) To maintain a record of all proceedings and make available to persons certified under this Article, and to other concerned parties, an annual report of all Board action.
(8) To establish reasonable fees for application, certification, and renewal, and other services provided by the Board.
(9) To conduct investigations to determine whether violations of this Article or grounds for disciplining persons certified under this Article exist.
(10) To adopt a common seal containing the name of the Board for use on all certificates and official reports issued by the Board.
(10a) To employ staff necessary to carry out the provisions of this Article and to determine the compensation, duties, and other terms and conditions of employment of its staff.
(10b) To employ professional, clerical, investigative, or special personnel necessary to carry out the provisions of this Article.
(10c) To acquire, hold, convey, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to the approval of the Governor and Council of State. The rents, proceeds, and other revenues and benefits of the ownership of real property shall inure to the Board. Collateral pledged by the Board for any encumbrance of real property shall be limited to the assets, income, and revenues of the Board.
(11) To conduct other services necessary to carry out the purposes of this Article. (2006-82, s. 1; 2010-31, s. 13.2(i); 2020-74, s. 1; 2023-90, s. 8.)