NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS WAKE COUNTY 11 DOJ 11399

CAMERON REED GREER ) ) Petitioner, ) ) v. ) ) PROPOSAL FOR DECISION NORTH CAROLINA ALARM ) SYSTEMS LICENSING BOARD, ) ) Respondent. ) )

This contested case was heard before Administrative Law Judge Donald W. Overby on October 25, 2011 in Raleigh, North Carolina.

APPEARANCES

Petitioner appeared pro se

Respondent was represented by Jeffrey D. McKinney.

WITNESSES

Respondent – Anthony Bonapart, Deputy Director, testified for Respondent Board.

Petitioner – Petitioner testified on his own behalf. Petitioner’s father, Guy Greer, and mother, Meredith Greer also testified on Petitioner’s behalf.

ISSUES

Whether grounds exist for Respondent to deny Petitioner’s application for alarm system registration permit pursuant to N.C. Gen. Stat. § 74D-1 et seq. based on Petitioner’s lack of good moral character and temperate habits as evidenced by conviction for hit/run leave scene of property.

BURDEN OF PROOF

Respondent has the burden of proving that the Petitioner lacks good moral character or temperate habits. Petitioner may rebut Respondent’s showing. STATUTES AND RULES APPLICABLE TO THE CONTESTED CASE

Official notice is taken of the following statutes and rules applicable to this case:

N.C. Gen. Stat. §§ 74D-2; 74D-5; 74D-6; 12 NCAC 7 § .0700

FINDINGS OF FACT

1. Respondent Board is established pursuant to N.C. Gen. Stat. § 74D-1, et seq., and is charged with the duty of licensing and registering individuals engaged in the alarm systems business.

2. On November 9, 2010, Petitioner’s applied to Respondent Board for a new alarm registration permit. Petitioner’s application was introduced as Respondent’s Exhibit 1. Exhibit 1 was admitted as part of the record.

3. In Exhibit 1, Petitioner answered “no” to the following question: “Have you ever pled guilty or been convicted of any crime (Felony or Misdemeanor)?”

4. Anthony Bonapart, Deputy Director for Respondent Board testified that for each application, a criminal background check is conducted.

5. Respondent Board then introduced as Exhibit 2, a Criminal Record Check from Mecklenburg County. Exhibit 2 was admitted as part of the record. Exhibit 2 revealed the following criminal conviction for the Petitioner:

10/3/09 (T) HIT/RUN LEAVE SCENE PROP DAM Prayer for Judgment

6. Mr. Bonapart testified that pursuant to Petitioner’s criminal conviction, Petitioner’s application for registration was denied. Respondent Board introduced as Exhibit 3 “For Cause” denial letter with a copy to the Petitioner dated June 9, 2011. Exhibit 3 was admitted as part of the record.

7. Petitioner then testified on his own behalf. Petitioner states that the events which resulted in his conviction occurred late one night after he had been at a night club. Petitioner, who had recently purchased a new car, was driving home when he lost control of the vehicle, which collided with a mailbox. Petitioner testified that he had not been drinking that night.

8. Petitioner explained that rather than wake-up the property owner, he decided to wait and come back the next morning. His car was inoperable and remained at the scene. By the time he returned the next morning, however, the property owner had already called the police. Petitioner paid restitution to the property owner the damaged mailbox.

2 9. Petitioner explained that he knew he had received a prayer for judgment continued, but stated that he did not fully under the nature of it.

10. Petitioner’s parents, Guy and Meredith Greer, both testified on Petitioner’s behalf. Both testified that he was a good son, that he worked hard, and that he had learned his lesson. Both testified that at the time he was hanging out with a bad crowd, but he has since stopped hanging out with that crowd and stopped drinking.

CONCLUSIONS OF LAW

Pursuant to N.C. Gen. Stat. § 74D-6, Respondent Board may refuse to issue an alarm systems registration permit for lack of good moral character or temperate habits

Pursuant to N.C. Gen. Stat. § 74D-6(a), conviction by a State court for Hit and Run, Leaving the Scene of Property Damage shall be prima facie evidence that the applicant does not have good moral character or temperate habits.

Respondent Board presented evidence that Petitioner lacked good moral character or temperate habits through Petitioner’s criminal record. Petitioner presented sufficient evidence to rebut the presumption that he lacks good moral character, contingent upon serving a one year probationary period.

Based on the foregoing, the undersigned makes the following:

PROPOSAL FOR DECISION

The North Carolina Alarm Systems Licensing Board will make the final decision in this contested case. It is proposed that the Respondent Board REVERSE its denial of Petitioner’s application for a registration permit, but require Petitioner to serve a one year probationary period.

ORDER

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714, in accordance with G.S. 150B-36(b).

NOTICE

The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions to this proposal for decision, to submit proposed findings of fact and to present oral and written arguments to the agency pursuant to G.S. 150B-40(e).

3 The agency that will make the final decision in this contested case is the Alarm Services Licensing Board.

This the 10th day of November, 2011.

______The Honorable Donald W. Overby Administrative Law Judge

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