18 N.C. Admin. Code 7B.0601

Current through Register Vol. 39, No. 11, December 2, 2024

Section 07B .0601 - FACTORS FOR DISCIPLINARY ACTIONS

When determining whether and what disciplinary action to take, the Department shall consider:

(1) the qualifications of the person;

(2) the nature, number, timing, and severity of any acts, offenses, official misconduct, or crimes under consideration;

(3) evidence pertaining to the honesty, credibility, truthfulness, and integrity of the person;

(4) actual or potential harm;

(5) the history of complaints against the person received by the Department;

(6) the record of prior disciplinary actions against the person;

(7) evidence in mitigation;

(8) evidence in aggravation;

(9) occupational, vocational, or professional license disciplinary record;

(10) evidence of rehabilitation;

(11) criminal history record;

(12) information and reports received from other law enforcement agencies;

(13) willfulness;

(14) negligence;

(15) the response of the person to any alleged violations; and

(16) whether the person self-reported a matter affecting qualification or the performance of an activity pursuant to authorization.

18 N.C. Admin. Code 07B .0601

Authority G.S. 10B-14(f); 10B-60; 10B-4;
Eff. April 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016;
Transferred from 18 NCAC 07B .0901 Eff. June 1, 2023.

Amended by North Carolina Register Volume 38, Issue 19, April 1, 2024 effective 7/1/2024.