reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 93A - Real Estate License Law › Article 4 - Timeshares. › § 93A-69 - Timeshare program extensions.

§ 93A-69. Timeshare program extensions.
(a) Unless the timeshare declaration specifically provides a lower percentage, the vote or written consent, or both, of at least sixty-six percent (66%) of all eligible voting interests present in person or by proxy at a duly noticed, called, and constituted meeting of the owners may, at any time, extend the term of the timeshare program. If the term of a timeshare program is extended pursuant to this section, all rights, privileges, duties, and obligations created under applicable law or the timeshare declaration continue in full force to the same extent as if the extended termination date of the timeshare program were the original termination date of the timeshare program.
(b) Unless the timeshare declaration specifically provides for a lower quorum, the quorum for the timeshare owners' association meeting to extend the timeshare program is fifty percent (50%) of all eligible voting interests in the timeshare program.
(c) The owners' association meeting held pursuant to subsection (a) of this section may be held at any time before the termination of the timeshare program.
(d) The managing entity may determine that any voting interest that is delinquent in the payment of more than two years of assessments is ineligible to vote on any extension of the timeshare program unless such delinquency is paid in full before the vote.
(e) A proxy for a vote to extend a timeshare program pursuant to this section is valid for up to three years and is revocable unless the proxy states it is irrevocable.
(f) If an extension vote or consent pursuant to this section is proposed for a timeshare project of a multisite timeshare program located in this State, the proposed extension is effective only if the person authorized to make additions or substitutions of accommodations and facilities pursuant to the timeshare declaration also approves the extension. (2021-163, s. 1(c); 2021-192, s. 5(a).)
2023 North Carolina General Statutes › Chapter 93A - Real Estate License Law › Article 6 - Broker Price Opinions and Comparative Market Analyses. › § 93A-82 - Definitions.

§ 93A-82. Definitions.
As used in this Article, the terms "broker price opinion" and "comparative market analysis" mean an estimate prepared by a licensed real estate broker that details the probable selling price or leasing price of a particular parcel of or interest in property and provides a varying level of detail about the property's condition, market, and neighborhood, and information on comparable properties, but does not include an automated valuation model. (2012-163, s. 2.)
2023 North Carolina General Statutes › Chapter 93A - Real Estate License Law › Article 7 - Prohibition of Unfair Real Estate Service Agreements. › § 93A-88.1 - Purpose; definitions.

§ 93A-88.1. Purpose; definitions.
(a) This Article is intended to prohibit the use of real estate service agreements that are unfair to an owner of residential real estate or to other persons who may become owners of that real estate in the future. This Article also prohibits the recording of such residential real estate service agreements so that the public records will not be clouded by them and provides remedies for owners who are inconvenienced or damaged by the recording of such agreements.
(b) For the purposes of this Article, the following definitions apply:
(1) Person. – A person as defined in G.S. 105-228.90(b)(23).
(2) Real estate service agreement. – A written contract between a service provider and the owner or potential buyer of residential real estate to provide services, current or future, in connection with the maintenance, purchase, or sale of residential real estate.
(3) Residential real estate. – Real property located in this State which is used primarily for personal, family, or household purposes.
(4) Service provider. – A person who provides a service related to residential real estate, including a real estate broker.
(5) Unfair real estate service agreement. – A real estate service agreement that violates G.S. 93A-88.2. (2023-117, s. 1.)
2023 North Carolina General Statutes › Chapter 93A - Real Estate License Law › Article 7 - Prohibition of Unfair Real Estate Service Agreements. › § 93A-88.2 - Unfair real estate service agreements.

§ 93A-88.2. Unfair real estate service agreements.
(a) Unfair Real Estate Service Agreements. – A real estate service agreement is unfair, void, and in violation of this Article if the agreement is to be in effect for more than one year and either expressly or implicitly aims to do any of the following:
(1) Run with the land or bind future owners of residential real estate identified in the real estate service agreement.
(2) Allow for assignment of the right to provide services without notice or consent of the owner or buyer.
(3) Create a lien, encumbrance, or other real property security interest.
(b) No Right to Refund. – A service provider has no right to a refund of the consideration paid to the owner or buyer in connection with an unfair real estate service agreement.
(c) Exemptions. – This Article does not apply to the following types of agreements:
(1) A home warranty or other type of similar product that covers the cost of maintenance of a major housing system, such as plumbing or electrical wiring, for a set period of time from the date a house is sold.
(2) An insurance contract.
(3) Any transactions governed by Chapter 47G (Option to Purchase Contracts Executed with Lease Agreements) or Chapter 47H (Contracts for Deed) of the General Statutes.
(4) A declaration created pursuant to Chapter 47A (Unit Ownership), Chapter 47C (North Carolina Condominium Act), or Chapter 47F (North Carolina Planned Community Act) of the General Statutes.
(5) A maintenance or repair agreement entered into by a homeowners' association in a common interest community.
(6) A security agreement under the Uniform Commercial Code relating to the sale or rental of personal property or fixtures.
(7) Provision of water, sewer, electrical, telephone, cable, natural gas, propane, fuel oil, or other regulated utility service.
(8) A property management contract as defined in G.S. 105-164.3(189).
(9) Any actions arising from Part 2 of Article 2 of Chapter 44A of the General Statutes regarding mechanics', laborers', and materialmen's liens, or Part 4 of Article 2 of Chapter 44A of the General Statutes regarding commercial real estate broker liens. (2023-117, s. 1.)
2023 North Carolina General Statutes › Chapter 93A - Real Estate License Law › Article 7 - Prohibition of Unfair Real Estate Service Agreements. › § 93A-88.3 - Recording prohibited.

§ 93A-88.3. Recording prohibited.
(a) Recording an unfair real estate service agreement is prohibited. If an unfair real estate service agreement, or notice or memorandum thereof, has been recorded, it is void.
(b) All of the following shall apply to a recording that is void under subsection (a) of this section:
(1) The recording shall not operate as a lien, encumbrance, or security interest.
(2) No owner or buyer shall be required to record any document voiding the recording.
(3) The recording shall not provide actual or constructive notice to any person interested in the residential real estate that is identified in the unfair real estate service agreement.
(4) The recording violates G.S. 14-118.6(a).
(c) In addition to any other rights provided by law, any person with an interest in residential real estate identified by a recording that is void under subsection (a) of this section may recover damages, costs, and attorney's fees that may be proved against the service provider named in the unfair real estate service agreement. Any actual damages, costs, and attorney's fees that are proved against the service provider will not be offset by the consideration paid by the service provider to the owner or buyer of the residential real estate. (2023-117, s. 1.)
2023 North Carolina General Statutes › Chapter 93A - Real Estate License Law › Article 7 - Prohibition of Unfair Real Estate Service Agreements. › § 93A-88.4 - Deceptive act.

§ 93A-88.4. Deceptive act.
A violation of any provision of this Article constitutes an unfair or deceptive trade practice under G.S. 75-1.1. Any party aggrieved by a violation of this Article may bring a cause of action against the service provider and is entitled to the relief available in Chapter 75 of the General Statutes. Any recoveries available under Chapter 75 of the General Statutes against the service provider will not be offset by the consideration paid by the service provider to the owner or buyer in connection with the unfair real estate service agreement. The Attorney General is hereby empowered to enforce this Article as allowed by Chapter 75 of the General Statutes. (2023-117, s. 1.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-3 - Register of persons licensed; information as to licensed status of individuals.

§ 93B-3. Register of persons licensed; information as to licensed status of individuals.
Each occupational licensing board shall prepare a register of all persons currently licensed by the board and shall supplement said register annually by listing the changes made in it by reason of new licenses issued, licenses revoked or suspended, death, or any other cause. The board shall, upon request of any citizen of the State, inform the requesting person as to the licensed status of any individual. (1957, c. 1377, s. 3.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-4 - Audit of Occupational Licensing Boards; payment of costs.

§ 93B-4. Audit of Occupational Licensing Boards; payment of costs.
(a) The State Auditor shall audit occupational licensing boards from time to time to ensure their proper operation. The books, records, and operations of each occupational licensing board shall be subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes. In accordance with G.S. 147-64.7(b), the State Auditor may contract with independent professionals to meet the requirements of this section.
(b) Each occupational licensing board with a budget of at least fifty thousand dollars ($50,000) shall conduct an annual financial audit of its operations and provide a copy to the State Auditor. (1957, c. 1377, s. 4; 1965, c. 661; 1973, c. 1301; 1983, c. 913, s. 11; 2009-125, s. 3; 2012-142, s. 17.1.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-5 - Compensation, employment, and training of board members.

§ 93B-5. Compensation, employment, and training of board members.
(a) Board members shall receive as compensation for their services per diem not to exceed one hundred dollars ($100.00) for each day during which they are engaged in the official business of the board.
(b) Board members shall be reimbursed for all necessary travel expenses in an amount not to exceed that authorized under G.S. 138-6(a) for officers and employees of State departments. Actual expenditures of board members in excess of the maximum amounts set forth in G.S. 138-6(a) for travel and subsistence may be reimbursed if the prior approval of the State Director of Budget is obtained and such approved expenditures are within the established and published uniform standards and criteria of the State Director of Budget authorized under G.S. 138-7 for extraordinary charges for hotels, meals, and convention registration for State officers and employees, whenever such charges are the result of required official business of the Board.
(c) Repealed by Session Laws 1981, c. 757, s. 2.
(d) Except as provided herein board members shall not be paid a salary or receive any additional compensation for services rendered as members of the board.
(e) Board members shall not be permanent, salaried employees of said board.
(f) Repealed by Session Laws 1975, c. 765, s. 1.
(g) Within six months of a board member's initial appointment to the board, and at least once within every two calendar years thereafter, a board member shall receive training, either from the board's staff, including its legal advisor, or from an outside educational institution such as the School of Government of the University of North Carolina, on the statutes governing the board and rules adopted by the board, as well as the following State laws, in order to better understand the obligations and limitations of a State agency:
(1) Chapter 150B, The Administrative Procedure Act.
(2) Chapter 132, The Public Records Law.
(3) Article 33C of Chapter 143, The Open Meetings Act.
(4) Articles 31 and 31A of Chapter 143, The State Tort Claims Act and The Defense of State Employees Law.
(5) Chapter 138A, The State Government Ethics Act.
(6) Chapter 120C, Lobbying.
Completion of the training requirements contained in Chapter 138A and Chapter 120C of the General Statutes satisfies the requirements of subdivisions (5) and (6) of this subsection. (1957, c. 1377, s. 5; 1973, c. 1303, s. 1; c. 1342, s. 1; 1975, c. 765, s. 1; 1981, c. 757, ss. 1, 2; 1991 (Reg. Sess., 1992), c. 1011, s. 1; 2009-125, s. 4; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-7 - Rental of state-owned office space.

§ 93B-7. Rental of state-owned office space.
Any occupational licensing board, which financially operates on the licensing fees charged and also occupies state-owned office space, shall pay rent, in a reasonable amount to be determined by the Governor, to the State for the occupancy of such space. (1973, c. 1300.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-8 - Examination procedures.

§ 93B-8. Examination procedures.
(a) Each applicant for an examination given by any occupational licensing board shall be informed in writing or print of the required grade for passing the examination prior to the taking of such examination.
(b) Each applicant for an examination given by any occupational licensing board shall be identified, for purposes of the examination, only by number rather than by name.
(c) Each applicant who takes an examination given by any occupational licensing board, and does not pass such examination, shall have the privilege to review his examination in the presence of the board or a representative of the board. Except as provided in this subsection, an occupational licensing board shall not be required to disclose the contents of any examination or of any questions which have appeared thereon, or which may appear thereon in the future.
(d) Notwithstanding the provisions of this section, under no circumstances shall an occupational licensing board be required to disclose to an applicant questions or answers to tests provided by recognized testing organizations pursuant to contracts which prohibit such disclosures. (1973, c. 1334, s. 1; 1991, c. 360, s. 1.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-8.2 - Prohibit licensees from serving as investigators.

§ 93B-8.2. Prohibit licensees from serving as investigators.
No occupational licensing board shall contract with or employ a person licensed by the board to serve as an investigator or inspector if the licensee is actively practicing in the profession or occupation and is in competition with other members of the profession or occupation over which the board has jurisdiction. Nothing in this section shall prevent a board from (i) employing licensees who are not otherwise employed in the same profession or occupation as investigators or inspectors or for other purposes or (ii) contracting with licensees of the board to serve as expert witnesses or consultants in cases where special knowledge and experience is required, provided that the board limits the duties and authority of the expert witness or consultant to serving as an information resource to the board and board personnel. (2015-286, s. 1.5.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-8.6 - Recognition of apprenticeships and training.

§ 93B-8.6. Recognition of apprenticeships and training.
(a) The following definitions shall apply in this section:
(1) Apprenticeship. – A program that meets the federal guidelines for registered apprenticeships set out in 29 C.F.R. Part 29 and 29 U.S.C. § 50. An apprenticeship can be completed under a State-licensed practitioner of that occupation or at a State-licensed school.
(2) Career technical education. – Programs of study, clusters, and pathways approved by the North Carolina State Board of Education or the State Board of Community Colleges.
(3) Licensing. – Any required training, education, or fee to work in a specific profession.
(b) Unless otherwise required by federal law, including requirements pertaining to eligibility for federal grant funding, an occupational licensing board shall grant a license to any applicant who meets the following criteria:
(1) Completed an apprenticeship approved by the North Carolina State Approving Agency or federal Department of Labor, or otherwise permitted under State or federal law.
(2) Passed an examination, if one is deemed to be necessary by the licensing authority.
(3) With the exception of any prelicensing education requirements, has met any other requirements for licensure set forth in the law or rules related to the particular board.
(c) This section shall not apply to occupational licensing boards governing professions requiring advanced knowledge acquired by a prolonged course of specialized intellectual study, including those requiring a bachelor's or advanced degree.
(d) Each occupational licensing board shall establish a passing score for the board's examinations which shall not exceed the passing score that is required under the board's standard licensing processes. If the relevant law or rule does not require an examination for the standard licensing process, no examination may be required for applicants who complete an apprenticeship in that occupation. Except as otherwise required by federal law, apprenticeships for an occupation shall not be required to exceed the number of hours required by the relevant licensing authority or statute for that occupation.
(e) Applicants for licensure shall be permitted to apply training hours earned through career technical education provided by North Carolina public schools and colleges towards the requirements for licensure in the same occupation in accordance with the standards and procedures authorized in accordance with this Chapter.
(f) The State Board of Community Colleges and occupational licensing boards shall adopt rules for the implementation of this section. (2019-91, s. 5.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-9 - Age requirements.

§ 93B-9. Age requirements.
Except certifications issued by the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education and Training Standards Commission pursuant to Chapters 17C, 17E, 74E, and 74G of the General Statutes, no occupational licensing board may require that an individual be more than 18 years of age as a requirement for receiving a license with the following exceptions: the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education and Training Standards Commission may establish a higher age as a requirement for holding certification through either Commission. (1973, c. 1356; 2010-97, s. 8; 2010-122, s. 27.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-10 - Expiration of term of appointment of board member.

§ 93B-10. Expiration of term of appointment of board member.
A board member serving on an occupational and professional licensing board whose term of appointment has expired shall continue to serve until a successor is appointed and qualified. (1973, c. 1373, s. 1.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-11 - Interest from State Treasurer's Investment Program.

§ 93B-11. Interest from State Treasurer's Investment Program.
Any interest earned by an occupational licensing board under G.S. 147-69.3(d) may be used only for the following purposes:
(1) To reduce fees;
(2) Improve services offered to licensees and the public; or
(3) For educational purposes to benefit licensees or the public. (1983, c. 515, s. 2.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-12 - Information from licensing boards having authority over health care providers.

§ 93B-12. Information from licensing boards having authority over health care providers.
(a) Every occupational licensing board having authority to license physicians, physician assistants, nurse practitioners, and nurse midwives in this State shall modify procedures for license renewal to include the collection of information specified in this section for each board's regular renewal cycle. The purpose of this requirement is to assist the State in tracking the availability of health care providers to determine which areas in the State suffer from inequitable access to specific types of health services and to anticipate future health care shortages which might adversely affect the citizens of this State. Occupational licensing boards shall collect, report, and update the following information:
(1) Area of health care specialty practice;
(2) Address of all locations where the licensee practices; and
(3) Other information the occupational licensing board deems relevant to assisting the State in achieving the purpose set out in this section, including social security numbers for research purposes only in matching other data sources.
(b) Every occupational licensing board required to collect information pursuant to subsection (a) of this section shall report and update the information on an annual basis to the Department of Health and Human Services. The Department shall provide this information to programs preparing primary care physicians, physicians assistants, and nurse practitioners upon request by the program and by the Board of Governors of The University of North Carolina. Information provided by the occupational licensing board pursuant to this subsection may be provided in such form as to omit the identity of the health care licensee. (1995, c. 507, s. 23A.4; 1996, 2nd Ex. Sess., c. 17, s. 16.4; 1997-443, s. 11A.118(a).)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-14 - Information on applicants for licensure.

§ 93B-14. Information on applicants for licensure.
Every occupational licensing board shall require applicants for licensure to provide to the Board the applicant's social security number. This information shall be treated as confidential and may be released only as follows:
(1) To the State Child Support Enforcement Program of the Department of Health and Human Services upon its request and for the purpose of enforcing a child support order.
(2) To the Department of Revenue for the purpose of administering the State's tax laws. (1997-433, s. 4.6; 1997-443, s. 11A-122; 1998-17, s. 1; 1998-162, s. 9.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-15 - Payment of license fees by members of the Armed Forces; board waiver rules.

§ 93B-15. Payment of license fees by members of the Armed Forces; board waiver rules.
(a) An individual who is serving in the Armed Forces of the United States and to whom G.S. 105-249.2 grants an extension of time to file a tax return is granted an extension of time to pay any license fee charged by an occupational licensing board as a condition of retaining a license granted by the board. The extension is for the same period that would apply if the license fee were a tax.
(b) Occupational licensing boards shall adopt rules to postpone or waive continuing education, payment of renewal and other fees, and any other requirements or conditions relating to the maintenance of licensure by an individual who is currently licensed by and in good standing with the board, is serving in the Armed Forces of the United States, and to whom G.S. 105-249.2 grants an extension of time to file a tax return. (1998-95, s. 8; 1999-337, s. 12; 2009-458, s. 1; 2011-183, s. 68.)
2023 North Carolina General Statutes › Chapter 93B - Occupational Licensing Boards › § 93B-16 - Occupational board liability for negligent acts.

§ 93B-16. Occupational board liability for negligent acts.
(a) An occupational licensing board may purchase commercial insurance of any kind to cover all risks or potential liability of the board, its members, officers, employees, and agents, including the board's liability under Articles 31 and 31A of Chapter 143 of the General Statutes.
(b) Occupational licensing boards shall be deemed State agencies for purposes of Articles 31 and 31A of Chapter 143 of the General Statutes, and board members and employees of occupational licensing boards shall be considered State employees for purposes of Articles 31 and 31A of Chapter 143 of the General Statutes. To the extent an occupational licensing board purchases commercial liability insurance coverage in excess of one hundred fifty thousand dollars ($150,000) per claim for liability arising under Article 31 or 31A of Chapter 143 of the General Statutes, the provisions of G.S. 143-299.4 shall not apply. To the extent that an occupational licensing board purchases commercial insurance coverage for liability arising under Article 31 or 31A of Chapter 143 of the General Statutes, the provisions of G.S. 143-300.6(c) shall not apply.
(c) The purchase of insurance by an occupational licensing board under this section shall not be construed to waive sovereign immunity or any other defense available to the board, its members, officers, employees, or agents in an action or contested matter in any court, agency, or tribunal. The purchase of insurance by an occupational licensing board shall not be construed to alter or expand the limitations on claims or payments established in G.S. 143-299.2 or limit the right of board members, officers, employees, or agents to defense by the State as provided by G.S. 143-300.3. (2002-168, s. 1.)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-1 - Definitions.

§ 93D-1. Definitions.
For the purposes of this Chapter:
(1) "Board" shall mean the North Carolina State Hearing Aid Dealers and Fitters Board.
(2) "Fitting and selling hearing aids" shall mean the evaluation or measurement of the powers or range of human hearing by means of an audiometer or by other means and the consequent selection or adaptation or sale or rental of hearing aids intended to compensate for hearing loss including the making of an impression of the ear.
(3) "Hearing aid" shall mean any instrument or device designed for or represented as aiding, improving or compensating for defective human hearing and any parts, attachments or accessories of such an instrument or device.
(4) "Hearing Aid Specialist" shall mean a person licensed by the Board to engage in the activities within the scope of practice of a hearing aid specialist in North Carolina.
(5) "Registered Sponsor" shall mean a person with a permanent license as an audiologist under Article 22 of Chapter 90 of the General Statutes who is registered in accordance with G.S. 93D-3(c)(16), or a licensee of the Board who has been approved as a sponsor of an apprentice. (1969, c. 999; 2011-311, s. 1; 2013-410, s. 32.5(a).)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-1.1 - Hearing aid specialist; scope of practice.

§ 93D-1.1. Hearing aid specialist; scope of practice.
The scope of practice of a hearing aid specialist regulated pursuant to this Chapter shall include the following activities:
(1) Fitting and selling hearing aids.
(2) Eliciting patient histories.
(3) Performing hearing evaluations.
(4) Administering and interpreting tests of human hearing.
(5) Referring, as appropriate, for cochlear implant evaluation or other clinical, rehabilitative, or medical intervention.
(6) Determining candidacy for hearing aids, tinnitus management devices, and other assistive listening devices.
(7) Providing hearing aid, tinnitus management device, and assistive device recommendations and selection.
(8) Performing hearing aid fittings, programming, and adjustments.
(9) Assessing hearing aid efficacy utilizing appropriate fitting verification methodology.
(10) Performing hearing aid repairs.
(11) Administering cerumen management in the course of examining ears.
(12) Making ear impressions, and preparing, designing, and modifying ear molds.
(13) Providing counseling and rehabilitation services related to hearing aids.
(14) Providing supervision and in-service training for apprentices in fitting and selling hearing aids.
(15), (16) Repealed by Session Laws 2014-115, s. 42.3(a), effective August 11, 2014. (2013-410, s. 32.5(b); 2014-115, s. 42.3(a).)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-2 - Practice without license unlawful.

§ 93D-2. Practice without license unlawful.
It shall be unlawful for any person to engage in any activity within the scope of practice of a hearing aid specialist, unless the person has first obtained a license from the North Carolina State Hearing Aid Dealers and Fitters Board, is an apprentice working under the supervision of a Registered Sponsor, or is otherwise authorized by law to engage in the activity within the scope of practice of another regulated profession. (1969, c. 999; 1981, c. 601, s. 1; 2011-311, s. 2; 2013-410, s. 32.5(c).)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-4 - Board may enjoin illegal practices.

§ 93D-4. Board may enjoin illegal practices.
The Board may, if it finds that any person is violating any of the provisions of this Chapter, apply to superior court for a temporary or permanent restraining order or injunction to restrain such persons from continuing such illegal practices. If upon application, it appears to the court that such person has violated or is violating the provisions of this Chapter, the court shall issue an order restraining the sale or fitting of hearing aids or other conduct in violation of this Chapter. All such actions by the Board for injunctive relief shall be governed by the Rules of Civil Procedure and Article 37, Chapter 1 of the General Statutes; provided, that injunctive relief may be granted regardless of whether criminal prosecution has been or may be instituted under the provisions of this Chapter. Actions under this section shall be commenced in the superior court district or set of districts as defined in G.S. 7A-41.1 in which the respondent resides or has his principal place of business. (1969, c. 999; 1981, c. 601, s. 6; 1987 (Reg. Sess., 1988), c. 1037, s. 105.)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-5 - Requirements for registration; examinations; licenses.

§ 93D-5. Requirements for registration; examinations; licenses.
(a) No person shall undertake any activity within the scope of practice of a hearing aid specialist in this State unless the person first has been issued a license by the Board or is an apprentice working under the supervision of a Registered Sponsor. Except as hereinafter provided, each applicant for a license shall pay a fee set by the Board, not to exceed five hundred dollars ($500.00), which fee may be prorated by the Board, and shall show to the satisfaction of the Board that the applicant:
(1) Is a person of good moral character.
(2) Is 18 years of age or older.
(3) Has an education equivalent to a four-year course in an accredited high school.
(4) Repealed by Session Laws 2007-406, s. 3, effective August 21, 2007.
(b) Except as hereinafter provided, no license shall be issued to a person until he has successfully passed a qualifying examination administered by the Board.
(c) No license shall be issued to any person until the person has served as an apprentice as set forth in G.S. 93D-9 for a period of at least one year; provided, that the one-year apprenticeship requirement shall be waived for the following:
(1) Persons qualified under G.S. 93D-6.
(2) Persons holding a permanent license as an audiologist under Article 22 of Chapter 90 of the General Statutes.
(3) Persons holding a temporary license as an audiologist under Article 22 of Chapter 90 of the General Statutes who have undergone 250 hours of supervised activity fitting or selling hearing aids under the direct supervision of a Registered Sponsor.
(4) Persons continuously licensed to fit or sell hearing aids in another state or jurisdiction for the preceding three years.
(5) Persons who have worked full-time for one year in the office of and under the direct supervision of an otolaryngologist fitting or selling hearing aids. (1969, c. 999; 1975, c. 550, s. 2; 1981, c. 601, ss. 7, 8; c. 990, s. 1; 1991, c. 592, s. 2; 2007-406, s. 3; 2011-311, s. 5; 2012-194, s. 66; 2013-296, s. 2; 2013-410, s. 32.5(e).)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-6 - Hearing aid specialists licensed in other States.

§ 93D-6. Hearing aid specialists licensed in other States.
Whenever the Board determines that another state or jurisdiction has requirements at least equivalent to those in effect pursuant to this Chapter for engaging in activities within the scope of practice of a hearing aid specialist and that such state or jurisdiction has a program at least equivalent to the program for determining whether applicants pursuant to this Chapter are qualified to engage in activities within the scope of practice of a hearing aid specialist, the Board may issue, but is not compelled to issue, licenses to applicants therefor who hold current, unsuspended and unrevoked certificates or licenses to engage in activities within the scope of practice of a hearing aid specialist in such other state or jurisdiction. No such applicant shall be required to submit to any examination or other procedure required by G.S. 93D-5, but shall be required to pay an application fee to the Board in an amount set by the Board, not to exceed one hundred fifty dollars ($150.00). Such applicant must have one full year of experience satisfactory to the Board before issuance of the license. (1969, c. 999; 1971, c. 1093, s. 2; 1981, c. 990, s. 2; 1991, c. 592, s. 3; 1991 (Reg. Sess., 1992), c. 1030, s. 24; 2013-410, s. 32.5(f).)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-7 - Statements of sale.

§ 93D-7. Statements of sale.
Every person fitting and selling a hearing aid, be it new or used, in the State of North Carolina, at or before the time of delivery of the hearing aid shall render to the user and/or purchaser a statement of sale to include the following:
(1) Date of delivery
(2) Condition of hearing aid; new, used, reconditioned
(3) Hearing aid identification number
(4) Name of manufacturer
(5) Price of hearing aid
(6) Charge for fitting and service
(7) Name of dealer and/or fitter
(8) Signature of customer. (1969, c. 999; 1973, c. 1345, s. 3; 2011-311, s. 6.)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-8 - Examination of applicants; issue of license certificate.

§ 93D-8. Examination of applicants; issue of license certificate.
(a) Every applicant for a license who is notified by the Board that he has fulfilled the requirements of G.S. 93D-5, except those making application pursuant to G.S. 93D-6, shall appear at a time, place and before such persons as the Board may designate, to be examined by written and practical tests in order to demonstrate that the applicant is qualified to engage in the activities within the scope of a hearing aid specialist. The Board shall give one examination of the type prescribed herein each year at a duly prescribed time and place, which shall be publicized for at least 90 days in advance. Additional examinations may be given at the discretion of the Board. The examination provided in this section shall not include questions requiring a medical or surgical education but shall consist of:
(1) Tests of knowledge in the following areas as they pertain to the fitting of hearing aids:
a. The basic physics of sound,
b. The human hearing mechanism, including the science of hearing and the cause and rehabilitation of abnormal hearing and hearing disorders, and
c. The structure and function of hearing aids.
(2) Tests of proficiency in the following techniques as they pertain to the fitting of hearing aids:
a. Pure tone audiometry, including air conduction testing and bone conduction testing,
b. Live voice and recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing,
c. Effective masking,
d. Recording and evaluation of audiograms and speech audiometry to determine hearing aid candidacy,
e. Selection and adaption of hearing aids and testing of hearing aids,
f. Taking earmold impressions, and
g. Such other skills as may be required for the fitting of hearing aids in the opinion of the Board.
(b) Upon payment of a fee set by the Board, not to exceed twenty-five dollars ($25.00), the Board shall issue a license certificate to each applicant who successfully passes the examination. (1969, c. 999; 1981, c. 601, s. 9; 1991, c. 592, s. 4; 2011-311, s. 7; 2013-410, s. 32.5(g).)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-9 - Registration of apprentices.

§ 93D-9. Registration of apprentices.
(a) Any person age 17 or older may apply to the Board for registration as an apprentice. Each applicant must be sponsored by a Registered Sponsor.
(b) Upon receiving an application accompanied by a fee in an amount set by the Board, not to exceed one hundred dollars ($100.00), the Board may register the applicant as an apprentice, which shall entitle the applicant to fit and sell hearing aids under the supervision of Registered Sponsor.
(c) No applicant shall be registered as an apprentice by the Board under this section unless the applicant shows to the satisfaction of the Board that the applicant is or will be supervised and trained by a Registered Sponsor.
(d) If a person 18 years of age or older who is registered as an apprentice under this section does not take the next succeeding examination given after a minimum of one full year of apprenticeship, the person's apprentice registration shall not be renewed, except for good cause shown to the satisfaction of the Board.
(e) If a person who is registered as an apprentice takes and fails to pass the next succeeding examination given after one full year of apprenticeship, the Board may renew the apprenticeship license for a period of time to end 30 days after the results of the examination given next after the date of renewal of said registration. The fee for renewal of apprenticeship registration shall be set by the Board at an amount not to exceed one hundred fifty dollars ($150.00).
(f) The Board shall adopt rules implementing initial and renewal registration of apprentices.
(g) The Board shall adopt rules implementing initial and renewal registration of Registered Sponsors. (1969, c. 999; 1973, c. 1345, s. 4; 1981, c. 601, ss. 10-15; c. 990, s. 3; 1991, c. 592, s. 5; 2011-311, s. 8.)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-10 - Registration and notice.

§ 93D-10. Registration and notice.
The Board shall register each apprentice, Registered Sponsor, and each person to whom it grants a license. The secretary-treasurer of the Board shall keep a record of the place of business of all licensees, Registered Sponsors, and apprentices. Any notice required to be given by the Board to a person holding a license or registration may be given by mailing to him at the last address received by the Board from him. (1969, c. 999; 1981, c. 601, s. 16; 2011-311, s. 9.)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-11 - Annual fees; failure to pay; expiration of license; occupational instruction courses.

§ 93D-11. Annual fees; failure to pay; expiration of license; occupational instruction courses.
Every person licensed as a hearing aid specialist shall pay to the Board an annual license renewal fee in an amount set by the Board, not to exceed two hundred fifty dollars ($250.00). The payment shall be made prior to the first day of April in each year. In case of default in payment the license shall expire 30 days after notice by the secretary-treasurer to the last known address of the licensee by registered mail, certified mail, or in a manner provided by G.S. 1A-1, Rule 4(j)(1)d. The Board may reinstate an expired license upon the showing of good cause for late payment of fees, upon payment of said fees within 60 days after expiration of the license, and upon the further payment of a late penalty of twenty-five dollars ($25.00). After 60 days after the expiration date, the Board may reinstate the license for good cause shown upon application for reinstatement and payment of a late penalty of fifty dollars ($50.00) and the renewal fee. The Board may require all licensees to successfully attend and complete a course or courses of occupational instruction funded, conducted or approved or sponsored by the Board on an annual basis as a condition to any license renewal and evidence of satisfactory attendance and completion of any such course or courses shall be provided the Board by the licensee. (1969, c. 999; 1975, c. 550, s. 3; 1979, c. 848; 1981, c. 601, s. 17; c. 990, s. 4; 1991, c. 592, s. 6; 2007-406, s. 4; 2013-410, s. 32.5(h).)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-12 - License to be displayed at office.

§ 93D-12. License to be displayed at office.
Every person to whom a license, apprenticeship certificate, or sponsor registration is granted shall display the same in a conspicuous part of his office where the person conducts business as a hearing aid specialist or shall have a copy of such license certificate, or registration on his person and exhibit the same upon request when fitting or selling hearing aids outside of his office. (1969, c. 999; 1981, c. 601, s. 18; 2011-311, s. 10; 2013-410, s. 32.5(i).)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-14 - Persons not affected.

§ 93D-14. Persons not affected.
(a) Nothing in this Chapter shall apply to a physician licensed to practice medicine or surgery in the State of North Carolina.
(b) Any person who meets the requirements of having both a doctoral degree in Audiology and holding a valid permanent license as an audiologist under Article 22 of Chapter 90 of the General Statutes of North Carolina is exempt from licensure under this Chapter. A person who does not meet both requirements of having a doctoral degree in Audiology and holding a valid permanent license as an audiologist under Article 22 of Chapter 90 of the General Statutes of North Carolina must become a registered apprentice or be licensed by the Board before fitting or selling hearing aids in the State of North Carolina.
(c) Nothing in this Chapter shall be construed to exempt an audiology assistant or certified technician, working under the supervision of a licensee or a person exempt from licensure under this Chapter, from being subject to the provisions of this Chapter. Such a person, before engaging in fitting or selling hearing aids, as defined in this Chapter, must be registered as an apprentice under a Registered Sponsor or be licensed by the Board.
(d) The provisions of this Chapter shall not apply to the activities and services of an audiology student pursuing a course of study in an accredited college or university, if these activities and services constitute a part of such person's course of study. (1969, c. 999; 2011-311, s. 12.)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-15 - Violation of Chapter.

§ 93D-15. Violation of Chapter.
Any person who violates any of the provisions of this Chapter and any person who holds himself out to the public as a hearing aid specialist without having first obtained a license or apprenticeship registration as provided for herein is guilty of a Class 2 misdemeanor. (1969, c. 999; 1981, c. 601, s. 20; 1993, c. 539, s. 660; 1994, Ex. Sess., c. 24, s. 14(c); 2013-410, s. 32.5(j); 2014-115, s. 42.3(c).)
2023 North Carolina General Statutes › Chapter 93D - North Carolina State Hearing Aid Dealers and Fitters Board › § 93D-16 - Severability.

§ 93D-16. Severability.
If any provision of the Chapter shall be declared unconstitutional or invalid, such invalidity shall not affect other provisions or the application of the Chapter which can be given effect without the invalid provisions. To this end, the provisions of this Chapter are declared to be severable. (1969, c. 999.)
2023 North Carolina General Statutes › Chapter 93E - North Carolina Appraisers Act › Article 1 - Real Estate Appraiser. › § 93E-1-2.1 - Registration, license, or certificate required of real estate appraisers.

§ 93E-1-2.1. Registration, license, or certificate required of real estate appraisers.
It is unlawful for any person in this State to act as a real estate appraiser, to directly or indirectly engage or assume to engage in the business of real estate appraisal, or to advertise or hold himself or herself out as engaging in or conducting the business of real estate appraisal without first obtaining a registration, license, or certificate issued by the Appraisal Board under the provisions of this Chapter. It is also unlawful, with regard to any real property where any portion of that property is located within this State, for any person to perform any of the acts listed above without first being registered, licensed, or certified by the Appraisal Board under the provisions of this Chapter. (1995, c. 482, s. 1; 2001-399, s. 1; 2007-506, s. 1.)
2023 North Carolina General Statutes › Chapter 93E - North Carolina Appraisers Act › Article 1 - Real Estate Appraiser. › § 93E-1-3.1 - Prohibited use of title; permissible use of title.

§ 93E-1-3.1. Prohibited use of title; permissible use of title.
(a) It shall be unlawful for any person to assume or use the title "registered trainee", "licensed real estate appraiser", "certified real estate appraiser", or any title, designation, or abbreviation likely to create the impression of registration, licensure, or certification as a real estate appraiser, unless the person is registered, licensed, or certified by the Appraisal Board in accordance with the provisions of this Chapter. The Board may adopt for the exclusive use of persons licensed or certified under the provisions of this Chapter, a seal, symbol, or other mark identifying the user as a licensed or certified real estate appraiser.
(b) Any person certified as a real estate appraiser by an appraisal trade organization shall retain the right to use the term "certified" or any similar term in identifying the person to the public, provided that:
(1) In each instance wherein the term is used, the name of the certifying organization or body is prominently and conspicuously displayed immediately adjacent to the term; and
(2) The use of the term does not create the impression of certification by the State.
This subsection does not entitle any person certified only by a trade organization to conduct an appraisal that requires a State registration, license, or certification.
(c) The term "registered trainee", "licensed real estate appraiser", "certified real estate appraiser", or any similar term shall not be used following or immediately in connection with the name of a partnership, association, corporation, or other firm or group, or in a manner that might create the impression of registration, licensure, or certification as a real estate appraiser under this Chapter. (1995, c. 482, s. 3; 2001-399, s. 1; 2007-506, s. 3.)