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State Laws & Commission Rules

The General Statutes (§ 93B-8.1.) in North Carolina were recently rewritten with regards to Use of Criminal History Records.

Unless federal law governing a particular board provides otherwise, a board may deny an applicant on the basis of a conviction of a crime only if the board finds that the applicant’s criminal conviction history is directly related to the duties and responsibilities for the licensed occupation or the conviction is for a crime that is violent or sexual in nature. Notwithstanding any other provision of law, a board shall not automatically deny licensure on the basis of an applicant’s criminal history, and no board may deny an applicant a license based on a determination that a conviction is for a crime of moral turpitude.

The board shall make its determination based on the factors specified below. Before a board may deny an applicant a license due to a criminal conviction, the board must specifically consider all of the following factors:

(1) The level and seriousness of the crime.

(2) The date of the crime.

(3) The age of the person at the time of the crime.

(4) The circumstances surrounding the commission of the crime, if known.

(5) The nexus between the criminal conduct and the prospective duties of the applicant as a licensee.

(6) The prison, jail, probation, parole, rehabilitation, and employment records ofthe applicant since the date the crime was committed.

(7) The completion of, or active participation in, rehabilitative drug or alcohol treatment.

(8) A Certificate of Relief granted pursuant to G.S. 15A-173.2.(9) The subsequent commission of a crime by the applicant.

(10) Any affidavits or other written documents, including character references.

The Cemetery Commission shall consider all the above factors when making a determination of licensure.

The provisions of Article 4 of Chapter 150B of the General Statutes of North Carolina relating to “Judicial Review” shall apply to appeals or petitions for judicial review by any person or persons aggrieved by an order or decision of the Commission.Article 4. Judicial Review.§ 150B-43. Right to judicial review. Any party or person aggrieved by the final decision in a contested case, and who has exhausted all administrative remedies made available to the party or person aggrieved by statute or agency rule, is entitled to judicial review of the decision under this Article, unless adequate procedure for judicial review is provided by another statute, in which case the review shall be under such other statute. Nothing in this Chapter shall prevent any party or person aggrieved from invoking any judicial remedy available to the party or person aggrieved under the law to test the validity of any administrative action not made reviewable under this Article.

North Carolina State Laws and Cemetery Commission Rules

The following links will take you to external websites where you may view the current General Statutes and the Administrative Rules that govern activities by the Cemetery Commission as well as the cemeteries we license.