Adams v. North Carolina State Board of Registration for Professional Engineers & Land Surveyors

EAGLES, Judge.

We first consider whether the grant of judicial authority under which the Board disciplined petitioner was constitutional. Petitioner argues that the transfer of judicial power to an agency violates the separation of powers provision of Article IV, Section 3 of the North Carolina Constitution unless it is accompanied by “adequate guiding standards.” In the Matter of Appeal from Civil Penalty, 324 N.C. 373, 382, 379 S.E.2d 30, 35 (1989). Petitioner maintains that the General Assembly “has not provided the Board any guidance with respect to what factors the Board should consider…