227 N.C. App. 70
N.C. Ct. App.2013Background
- Appellant Kenneth Suttles and his surveying firm Suttles Surveying, P.A. appealed a Board decision suspending the license for six months and reprimanding the firm.
- Smith and Revis engaged in a boundary dispute; Piercy contacted Appellant to obtain surveying work and the disputed boundary was to be established.
- A dispute arose over fees; Appellant claimed a $3,000–$4,000 starting quote with time-and-materials billing, while Smith asserted a lower overall amount.
- A settlement with a confidentiality provision was reached between Smith, Piercy, and Appellant, and Smith and Piercy agreed to dismiss or refrain from pursuing complaints.
- Appellant provided Piercy with a map marked Preliminary Plat Only Not for Conveyance; Piercy recorded the map despite incomplete completion and known limitations.
- The Board eventually disciplined Appellant for conduct related to professional ethics, public safety, and the improper recording of a preliminary plat, leading to the suspension and reprimand; the trial court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board acted within statutory authority | Suttles contends the Board adjudicated a purely contractual dispute. | Board asserts disciplinary authority over professional conduct affects public welfare. | Board acted within statutory authority. |
| Whether due process was violated by settlement and Preliminary Plat | Suttles argues inadequate notice and safeguards against confidential settlements and premature plat marking. | Board maintains statutes require cooperation and proper conduct; no due process violation. | No due process violation; conduct violated professional rules. |
| Whether Board's conclusions on professional conduct were supported | Suttles argues findings rest on contractual issues rather than ethical standards. | Board properly tied conduct to professional rules and public safety. | Board's disciplinary conclusions upheld. |
Key Cases Cited
- Blaylock Grading Co. v. Smith, 189 N.C. App. 508, 658 S.E.2d 680 (2008) (contract disputes between private parties not implicating public health)
- In re Magee, 87 N.C. App. 650, 362 S.E.2d 564 (1987) (procedural due process in administrative context)
- In re Wilkins, 294 N.C. 528, 242 S.E.2d 829 (1978) (vagueness standard for professional conduct rules)
- N.C. State Bar v. McLaurin, 169 N.C. App. 144, 609 S.E.2d 491 (2005) (scope of board disciplinary authority and standards)
- White v. N.C. State Bd. of Examiners of Practicing Psychologists, 97 N.C. App. 144, 388 S.E.2d 148 (1990) (due process and professional regulation standards)
- State ex rel. Comm’nr of Ins. v. N.C. Rate Bureau, 300 N.C. 381, 269 S.E.2d 547 (1980) (agency authority and public-interest regulation)
