§ 89D-4. Landscape Contractors' Registration Board created; membership; compensation; power, etc.

§89D‑4.  Landscape Contractors' Registration Board created; membership;compensation; power, etc.

(a)        There is createdthe North Carolina Landscape Contractors' Registration Board (hereinaftercalled the Board) which shall issue registration certificates of title tolandscape contractors. The Board shall be composed of nine members appointed asfollows: Two by the Governor to represent the public at large; two by theCommissioner of Agriculture; two practicing nurserymen operating a nurserycertified by the North Carolina Department of Agriculture and Consumer ServicesPlant Pest Inspection Program appointed by the Board of Directors of the NorthCarolina Association of Nurserymen, Inc.; two registered landscape contractorsin the business of landscape contracting appointed by the Board of Directors ofthe North Carolina Landscape Contractors' Association, Inc.; and one registeredlandscape architect appointed by the Board of Directors of the North CarolinaChapter of the American Society of Landscape Architects. All appointments shallbe for three‑year terms and no member shall serve more than two completeconsecutive terms.

Any vacancy on the Boardcreated by death, resignation or otherwise shall be filled for the unexpiredterm by the initial appointing authority and all members shall serve untiltheir successors are appointed and qualify.

(b)        From its funds, theBoard shall pay its members at the rate set out in G.S. 93B‑5: Provided,that at no time shall the expense exceed the cash balance on hand.

(c)        The Board shallhave power to make such rules and regulations as are not inconsistent with theprovisions of this Chapter and the laws of North Carolina. The Board shall notmake rules or regulations regulating commissions, salaries, or fees to becharged by registrants under this Chapter. The Board shall adopt a seal for itsuse, which shall bear thereon the words "North Carolina LandscapeContractors' Registration Board."

(d)        The Board mayemploy a secretary‑treasurer and such clerical assistance as may be necessaryto carry out the provisions of this Chapter and to put into effect such rulesand regulations as the Board may promulgate. The Board shall fix salaries foremployees and shall require employees to make good and sufficient surety bondfor the faithful performance of their duties.

(e)        The Board shall beentitled to the services of the Attorney General of North Carolina inconnection with the affairs of the Board or may, on approval of the AttorneyGeneral, employ an attorney to assist or represent it in the enforcement ofthis Chapter, but the fee paid for such service shall be approved by theAttorney General. (1975, c. 741, s. 4; 1983, c. 108, s. 1; 1997‑261,s. 109.)