House committee substitute to the 1st edition amends GS 7A-38.1(l) and GS 7A-38.4A(j) to replace "disciplinary proceedings" where that phrase currently appears, with the phrase "disciplinary hearings."
Summary date: Mar 25 2015 - More information
Summary date: Mar 19 2015 - More information
Amends GS 7A-38.1(1), 7A-38.4A(j), 7A-38.3B, and 7A-38.3D(k) making technical changes and conveying all powers and duties previously delineated to agencies established to enforce standards of conduct for mediators or other neutrals to the Dispute Resolution Commission (Commission).
Amends GS 7A-38.2 to provide that the fees charged for certification and annual renewal of certification for mediators and mediation training will be deposited in the Dispute Resolution Fund (Fund). Establishes the Fund in the Judicial Department as a non-reverting, interest-bearing special revenue account. Provides that the monies in the Fund must be used to support the operations of the Commission.
Enacts new GS 7A-38.2(l) and (m) concerning the regulation of mediators, providing that the Commission can issue cease and desist letters to individuals falsely representing themselves to the public as a certified mediator, whether such communication is made through words, letters, titles, signs, cards, web postings, or similar. Provides that such individuals or firms making such misrepresentation are guilty of a Class 2 misdemeanor and subject to a civil penalty not to exceed $500 each day of the violation. Provides that each day is considered a separate and distinct violation. Requires proceeds from violations to be remitted to the Civil Penalty and Forfeiture Fund. Provides that the Commission can petition the court on its own accord to apply for an injunction to prevent violations. Effective December 1, 2015.
Unless otherwise provided, effective July 1, 2015, applying to mediations commenced after that date.
Summary date: Mar 18 2015 - More information
To be summarized.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.