2009 North Carolina Code
Chapter 20 - Motor Vehicles.
§ 20-183.8F. Requirements for giving license holders notice of violations and for taking summary action.

§ 20‑183.8F.  Requirements for giving license holders notice of violations and for taking summary action.

(a)        Finding of Violation. – When an auditor of the Division finds that a violation has occurred that could result in the suspension or revocation of an inspection station license, a self‑inspector license, a mechanic license, or the registration of a person engaged in the business of replacing windshields, the auditor must give the affected license holder written notice of the finding. The notice must be given within five business days after the completion of the investigation that resulted in the discovery of the violation. The notice must state the period of suspension or revocation that could apply to the violation and any monetary penalty that could apply to the violation. The notice must also inform the license holder of the right to a hearing if the Division charges the license holder with the violation.

(b)        Notice of Charges. – When the Division decides to charge an inspection station, a self‑inspector, a mechanic, or a person who is engaged in the business of replacing windshields with a violation that could result in the suspension or revocation of the person's license, an auditor of the Division must deliver a written statement of the charges to the affected license holder. The statement of charges must inform the license holder of this right, instruct the person on how to obtain a hearing, and inform the license holder of the effect of not requesting a hearing. The license holder has the right to a hearing before the license is suspended or revoked. G.S. 20‑183.8E sets out the procedure for obtaining a hearing.

(c)        Exception for Summary Action. – The right granted by subsection (b) of this section to have a hearing before a license is suspended or revoked does not apply if the Division summarily suspends or revokes the license after a judge has reviewed and authorized the proposed action. A license issued to an inspection station, a self‑inspector, or a mechanic is a substantial property interest that cannot be summarily suspended or revoked without judicial review.

(d)        A notice or statement prepared pursuant to this section or an order of the Division that is directed to a mechanic may be served on the mechanic by delivering a copy of the notice, statement, or order to the station or to the place of business of the self‑inspector where the mechanic is employed. (1997‑29, s. 9; 1999‑328, s. 3.13; 2001‑504, s. 17.)