89D-11. Definitions. The following definitions apply in this Chapter: (1) Board. – The North Carolina Landscape Contractors’ Licensing Board. (2) Landscape construction or contracting. – The act of providing services as a landscape contractor, as defined in this section, for compensation or other consideration. (3) Landscape contractor. – Any person who, for compensation or other […]
89D-12. License required; use of seal; posting license. (a) Except as otherwise provided in this Chapter, no person shall engage in the practice of landscape construction or contracting, use the designation "landscape contractor," or advertise using any title or description that implies licensure as a landscape contractor unless the person is licensed as a landscape […]
89D-13. Exemptions. The provisions of this Chapter shall not apply to the following: (1) Any federal, State, or local governmental agency performing landscaping on public property. (2) The North Carolina Department of Transportation (NCDOT). However, for landscape installations or establishment periods for any project that exceeds the current contract amount requiring performance and payment bonds […]
89D-14. The North Carolina Landscape Contractors’ Licensing Board. (a) There is created the North Carolina Landscape Contractors’ Licensing Board. The Board shall consist of nine members appointed as follows: (1) One member appointed by the Governor who is a member of the general public. (2) One member appointed by the Commissioner of Agriculture pursuant to […]
89D-15. Powers and duties. The Board shall have the following powers and duties: (1) Administer and enforce the provisions of this Chapter. (2) Adopt, amend, or repeal rules to carry out the provisions of this Chapter. (3) Examine and determine the qualifications and fitness of applicants for licensure and licensure renewal. (4) Issue, renew, deny, […]
89D-16. Application for license; qualifications; examination; issuance. (a) Upon application to the Board and payment of the required fees, an applicant for licensure as a landscape contractor may sit for the examination if the applicant submits evidence demonstrating the applicant’s qualifications for licensure under this Chapter as prescribed in rules adopted by the Board and […]
89D-17. Corporations; partnerships; persons doing business under trade name. (a) The Board may issue a license in the name of a corporation if the corporation complies with the following: (1) One or more officers or full-time employees, or both, empowered to act for the corporation are individuals licensed under this Chapter. (2) Only the officers […]
89D-18. Licensing of nonresidents. (a) Definitions. – The following definitions apply in this section: (1) Delinquent income tax debt. – The amount of income tax due as stated in a final notice of assessment issued to a taxpayer by the Secretary of Revenue when the taxpayer no longer has the right to contest the amount. […]
89D-19. Reciprocity. The Board may issue a license, without examination, to any person who is a landscape contractor licensed, certified, or registered in another state or country if the requirements for licensure, certification, or registration in the other state or country are substantially equivalent to the requirements for licensure in this State. (2014-103, s. 3(b).)
89D-20. License renewal and continuing education. (a) Every license issued under this Chapter shall be renewed on or before the first day of August of each year. Any person who desires to continue to practice shall apply for a license renewal and shall submit the required fee. Licenses that are not renewed shall be automatically […]
89D-21. Expenses and fees. (a) The Board may impose the following fees not to exceed the amounts listed below: (1) Application fee $100.00 (2) Examination fee 250.00 (3) Individual license fee and individual license renewal 100.00 (4) Initial corporate, limited liability company, partnership, or trade name license 100.00 (5) Corporate, limited liability company, partnership, or […]
89D-22. Disciplinary action. (a) The Board may deny, restrict, suspend, or revoke a license or refuse to issue or renew a license if a licensee or applicant does any of the following: (1) Employs the use of fraud, deceit, or misrepresentation in obtaining or attempting to obtain a license or the renewal of a license. […]
89D-23. Civil penalties. (a) In addition to taking any of the actions permitted under G.S. 89D-22, the Board may assess a civil penalty not in excess of two thousand dollars ($2,000) for each violation of any section of this Chapter or the violation of any rules adopted by the Board. The clear proceeds of any […]
89D-24. Injunction to prevent violation; notification of complaints. (a) If the Board finds that a person who does not have a license issued under this Chapter is engaging in the practice of landscape construction or contracting, the Board may appear in its own name in superior court in actions for injunctive relief to prevent any […]
