21-56.1302. UNLAWFUL PRACTICE BY AN UNREGISTERED PERSON

(a) General. Alleged unlawful practice by an unregistered person shall be subject to Board investigation and reference to an agency of the state for appropriate legal action.

(b) Preferring Charges. Any person who believes that any person or firm is in violation of the acts specified in G.S. 89C may prefer charges against that person or firm by setting forth in writing those charges and swearing to their authenticity. The charges are to be filed at the Board's office in Raleigh, North Carolina.

(c) Preliminary or Threshold Determination:

(1) Upon receipt of a properly filed charge, an investigation is initiated.

(2) At the discretion of the executive director, a field investigation may be performed without notifying any of the parties involved.

(3) After preliminary evidence has been obtained, the matter is referred to the Board's review committee which is made up of the following individuals:

(A) one member of the Board,

(B) the legal counsel of the Board, and

(C) the executive director.

(4) The review committee is specifically delegated the responsibility of recommending to the Board whether there is probable cause to believe that a party against whom a charge has been brought in fact has violated the provisions of G.S. 89C.

(5) Upon review of the available evidence, the review committee makes a threshold determination of the charges brought. The review committee then presents to the Board written recommendations that:

(A) The investigation be continued,

(B) The charge be dismissed as unfounded or trivial,

(C) When the charge is admitted as true, the Board accept the admission of guilt by the person charged and order that person not to commit in the future the specific act or acts admitted and, also, not to violate any of the provisions of the Board Rules or statutes at any time in the future,

(D) The matter be referred to an appropriate agency for necessary legal action.

(d) Board Decision. Notice of decision by the Board on recommendations of the review committee shall be given to the party submitting the charge.