Section 105-113.4B - Cancellation or revocation of license(a) Cancellation. - The Secretary may cancel a license issued under this Article upon the written request of the licensee. The licensee's request must include a proposed effective date of cancellation. The licensee must return the license to the Secretary on or before the proposed effective date. If the licensee's request does not include a proposed effective date of cancellation, the license is cancelled 15 days after the Department receives the written request. If the license is unable to be returned, the licensee must include a written statement of the reasons, satisfactory to the Secretary, why the license cannot be returned. The Secretary shall notify the licensee when the license is cancelled.(a1) Summary Revocation and Procedure. - The Secretary may summarily revoke a license issued under this Article when the Secretary determines that the licensee is incurring liability for the tax imposed under this Article after failing to pay a tax when due under this Article. The Secretary must send a revoked licensee a notice of the revocation and a notice of hearing. The hearing must be held within 10 days after the date of the notice of revocation unless the revoked licensee requests, before the day of the hearing, that the hearing be rescheduled. Upon receipt of a timely request, the Secretary must reschedule the hearing and provide at least 10 days' notice of the rescheduled hearing. The revocation is not stayed pending the hearing decision. A notice of hearing under this subsection must be in writing and indicate the date, time, and place of the hearing. A hearing must be conducted as prescribed by the Secretary. The Secretary must issue a final decision and notify the revoked licensee in writing within 10 days of the hearing. The final decision must state the basis for the decision. The statement of the basis of a revocation does not limit the Department from changing the basis.(a2) Non-Summary Revocation. - The Secretary may revoke the license of a licensee that commits one or more of the following acts after affording the licensee an opportunity to have a hearing as provided in subsections (a3) through (b2) of this section:(1) Fails to obtain a license in a timely manner or for all places of business as required by this Article.(2) Willfully fails to file a return required by this Article.(3) Willfully fails to pay a tax when due under this Article.(4) Makes a false statement in an application or return required under this Article.(5) Fails to keep records as required by this Article.(6) Refuses to allow the Secretary or a representative of the Secretary to examine the person's books, accounts, and records concerning tobacco product.(7) Fails to disclose the correct amount of tobacco product taxable in this State.(8) Fails to file a replacement bond or an additional bond if required by the Secretary under this Article.(9) Violates G.S. 14-401.18.(10) Fails to meet or maintain the requirements set out in G.S. 105-113.4A(b).(a3) Notice of Proposed Revocation. - The Secretary must provide a licensee with a notice of proposed revocation that includes all of the following information: (1) The basis for the proposed revocation. The statement of the basis for the proposed revocation does not limit the Department from changing the basis.(2) The effective date of the revocation, which must be one of the following:a. Forty-five days from the date of the notice of proposed revocation if the licensee does not file a timely request for hearing.b. The tenth day after the date an adverse final decision is issued if the adverse final decision is mailed.c. The date an adverse final decision is delivered if the adverse final decision is delivered in person.(3) The circumstances, if any, under which the Secretary will not revoke the license.(4) An explanation of how the licensee may contest the proposed revocation.(a4) Request for Hearing and Decision. - A licensee may contest a proposed revocation by filing a written hearing request within 45 days of the date the notice of proposed revocation was mailed, if the notice was delivered by mail, or delivered to the licensee, if the notice was delivered in person. A hearing request is considered filed as provided under G.S. 105-241.11(b). If the licensee does not file a timely hearing request, the license is revoked as provided in the notice of proposed revocation and the revocation is final and not subject to further administrative or judicial review.(b) Hearing Procedure. - The Secretary must give a licensee who filed a timely hearing request in accordance with subsection (a4) of this section at least 20 days' written notice of the date, time, and place of the hearing, unless the Department and the licensee agree to a shorter period. A hearing must be conducted as prescribed by the Secretary. The Secretary must issue a final decision and notify the licensee in writing within 60 days of the hearing. The Department and the licensee may extend this time by mutual agreement. Failure to issue a final decision within the required time does not affect the validity of the decision. The final decision must state the basis for the decision and, if the final decision includes revocation of the license, the effective date of the revocation in accordance with subdivision (2) of subsection (a3) of this section. The statement of the basis of a revocation does not limit the Department from changing the basis.(b1) Delivery of Notice. - The Secretary must deliver a notice in accordance with G.S. 105-241.20(b). In lieu of providing notice by United States mail, the Secretary may give notice by email or other electronic means if the licensee has consented to receiving notices via electronic means.(b2) Return of Credentials. - If a license is revoked, the revoked licensee must return to the Secretary, within 10 days of the issuance of the final decision, all licenses previously issued. If a license is unable to be returned, the revoked licensee must include a written statement of the reasons, satisfactory to the Secretary, why the license cannot be returned.(c) Release of Bond. - When the Secretary cancels or revokes a license and the licensee has paid all taxes and penalties due under this Article, the Secretary must take one of the following actions concerning a bond or an irrevocable letter of credit filed by the licensee: (1) Return an irrevocable letter of credit to the licensee.(2) Return a bond to the licensee or notify the person liable on the bond and the licensee that the person is released from liability on the bond.N.C. Gen. Stat. § 105-113.4B
Amended by 2021 N.C. Sess. Laws 180,s. 42.13D-a, eff. 1/1/2022, and applicable to summary revocations and non-summary revocations initiated by the Department on or after that date.Amended by 2020 N.C. Sess. Laws 58,s. 2.3-a, eff. 6/30/2020.Amended by 2019 N.C. Sess. Laws 169,s. 4.2-b, eff. 1/1/2020.Amended by 2019 N.C. Sess. Laws 169,s. 4.1-b, eff. 7/26/2019.Amended by 2017 N.C. Sess. Laws 204,s. 4.3-b, eff. 8/11/2017.Amended by 2013 N.C. Sess. Laws 414,s. 22-b, eff. 9/1/2013. See 2019 N.C. Sess. Laws 169, s. 4.2-e.