19A NCAC 03D .0522. DENIAL, SUSPENSION OR REVOCATION OF LICENSES

(a)  Denial of License:  The Commissioner shall deny the application of any applicant for a Safety Equipment or Safety Equipment Exhaust Emissions Inspection Station License who fails to meet the qualifications set out in G.S. 20, Part 2, Article 3A or the rules in this Section.  Applicants disapproved for licensing shall be notified by mail as soon as is practicable.  An application received with fraudulent or fictitious information shall be denied.  Persons who are denied a license shall be allowed a hearing in accordance with G.S. 20-183.8E.

(b)  Suspension or Revocation of License:

(1)           The license of any inspection station violating the Rules in this Section or G.S. 20, Part 2, Article 3A shall be subject to suspension or revocation.  The license of any inspection station shall be subject to suspension or revocation at any time when any of its personnel conducting inspections do not meet the rules in this Section.  Any person, firm, or corporation whose license is suspended or revoked shall immediately surrender all unused inspection stickers to th­e Division of Motor Vehicles and no such licensee shall inspect vehicles while its license is suspended or revoked. Every licensee whose license is suspended or revoked or who is assessed a civil penalty or who receives a warning letter from the Division shall be allowed a hearing in accordance with G.S. 20-183.8E.

(2)           Prior to the reinstatement of license of any Safety Equipment or Safety Equipment Exhaust Emissions Inspection Station License which has, by order of the Commissioner, been revoked or suspended, the applicant shall demonstrate to the satisfaction of the Commissioner or his duly authorized agent that its employees have adequate knowledge of the safety equipment or safety equipment exhaust emission inspection procedures and requirements describ­ed in these rules in this Section and that the location is mechanically equipped to carry out proper inspections.  Prior to the reinstatement of any Inspection Mechanic License which has, by order of the Commissioner, been revoked or suspended, the applicant shall attend a training session in Safety Equipment or Safety Equipment Exhaust Emission Inspection.  Proof of course attendance and passing a written test must be presented to a Division of Motor Vehicles repre­sentative.

(3)           Motorists assessed civil penalties or fines shall be allowed a hearing in accordance with G.S. 20-183.8E.  Motorists requesting a hearing shall mail a written hearing request to the Commissioner of Motor Vehicles, 1100 New Bern Avenue, Raleigh, NC 27697.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.8D; 20-183.8E;

Eff. October 1, 1994.