reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-5 - Meetings and compensation of the Board.

§ 88B-5. Meetings and compensation of the Board.
(a) Each member of the Board shall receive compensation for services and expenses as provided in G.S. 93B-5, but shall be limited to payment for services deemed official business of the Board when such business exceeds three continuous hours per day. Official business of the Board includes meetings called by the chair and time spent inspecting cosmetic art shops and schools as permitted by this Chapter. No payment for per diem or travel expenses shall be authorized or paid for Board meetings other than those called by the chair. The Board may annually select one member to attend a national state board of cosmetic arts meeting on official business of the Board. No other Board members shall be authorized to attend trade shows or to travel out-of-state at the Board's expense.
(b) The Board shall hold four regular meetings a year in the months of January, April, July, and October. The chair may call additional meetings whenever necessary. (1933, c. 179, ss. 15, 17; 1935, c. 54, ss. 3, 4; 1941, c. 234, s. 2; 1943, c. 354, s. 2; 1957, c. 1184, s. 2; 1971, c. 355, ss. 2, 3; c. 616, ss. 1, 3; 1973, c. 1360, ss. 2-4; 1975, c. 857, ss. 4, 5; 1981, c. 615, s. 11; 1983, c. 913, s. 9; 1989, c. 650, ss. 2, 3; 1995, c. 541, s. 2; 1998-230, s. 2.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-6 - Board office, employees, funds, budget requirements.

§ 88B-6. Board office, employees, funds, budget requirements.
(a) The Board shall maintain its office in Wake County, North Carolina.
(b) The Board shall employ an executive director who shall not be a member of the Board. The executive director shall keep all records of the Board, issue all necessary notices, and perform any other duties required by the Board.
(c) With the approval of the Director of the Budget and the Office of State Human Resources, the Board may employ as many inspectors, investigators, and other staff as necessary to perform inspections and other duties prescribed by the Board. Inspectors and investigators shall be experienced in all parts of cosmetic art and shall have authority to examine cosmetic art shops and cosmetic art schools during business hours to determine compliance with this Chapter.
(d) The salaries of all employees of the Board, excluding the executive director, shall be subject to the North Carolina Human Resources Act. The executive director shall serve at the pleasure of the Board.
(e) The executive director may collect in the Board's name and on its behalf the fees prescribed in this Chapter and shall turn these and any other monies paid to the Board over to the State Treasurer. These funds shall be credited to the Board and shall be held and expended under the supervision of the Director of the Budget only for the administration and enforcement of this Chapter. Nothing in this Chapter shall authorize any expenditure in excess of the amount credited to the Board and held by the State Treasurer as provided in this subsection.
(f) The Executive Budget Act and the North Carolina Human Resources Act apply to the administration of this Chapter. (1933, c. 179, ss. 14, 15; 1935, c. 54, s. 3; 1941, c. 234, s. 2; 1943, c. 354, ss. 1, 2; 1957, c. 1184, ss. 1, 2; 1969, c. 844, s. 4; 1971, c. 355, ss. 1-3; c. 616, ss. 1-3; 1973, c. 1360, s. 2; 1975, c. 857, ss. 3, 4; 1981, c. 615, s. 11; c. 884, s. 7; 1983, c. 913, s. 9; 1989, c. 650, s. 2.; 1998-230, s. 2; 2009-471, ss. 2.1, 2.2; 2009-521, s. 1.2; 2013-382, s. 9.1(c); 2018-114, s. 3.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-7 - Qualifications for licensing cosmetologists.

§ 88B-7. Qualifications for licensing cosmetologists.
The Board shall issue a license to practice as a cosmetologist to any individual who meets all of the following requirements:
(1) Successful completion of at least 1,500 hours of a cosmetology curriculum in an approved cosmetic art school, or at least 1,200 hours of a cosmetology curriculum in an approved cosmetic art school and completion of an apprenticeship for a period of at least six months under the direct supervision of a cosmetologist, as certified by sworn affidavit of three licensed cosmetologists or by other evidence satisfactory to the Board.
(2) Passage of an examination conducted by the Board.
(3) Payment of the fees required by G.S. 88B-20. (1933, c. 179, s. 12; 1953, c. 1304, s. 3; 1973, c. 450, s. 2; 1977, c. 899, s. 1; 1981, c. 615, s. 9; 1985, c. 559, s. 5; 1998-230, s. 2.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-8 - Qualifications for licensing apprentices.

§ 88B-8. Qualifications for licensing apprentices.
The Board shall issue a license to practice as an apprentice to any individual who meets all of the following requirements:
(1) Successful completion of at least 1,200 hours of a cosmetology curriculum in an approved cosmetic art school.
(2) Passage of an examination conducted by the Board.
(3) Payment of the fees required by G.S. 88B-20. (1933, c. 179, s. 10; 1941, c. 234, s. 1; 1953, c. 1304, ss. 1, 2; 1963, c. 1257, s. 2; 1973, c. 450, s. 1; 1981, c. 615, s. 8; 1998-230, s. 2.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-9 - Qualifications for licensing as an esthetician.

§ 88B-9. Qualifications for licensing as an esthetician.
The Board shall issue a license to practice as an esthetician to any individual who meets all of the following requirements:
(1) Successful completion of at least 600 hours of an esthetics curriculum in an approved cosmetic art school.
(2) Passage of an examination conducted by the Board.
(3) Payment of the fees required by G.S. 88B-20. (1998-230, s. 2; 2006-212, s. 3.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-10 - Qualifications for licensing manicurists.

§ 88B-10. Qualifications for licensing manicurists.
The Board shall issue a license to practice as a manicurist to any individual who meets all of the following requirements:
(1) Successful completion of at least 300 hours of a manicurist curriculum in an approved cosmetic art school.
(2) Passage of an examination conducted by the Board.
(3) Payment of the fees required by G.S. 88B-20. (1963, c. 1257, s. 4; 1973, c. 450, s. 4; 1981, c. 615, s. 19; 1985, c. 559, s. 4; 1998-230, ss. 2, 2.1.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-10.1 - Qualifications for licensing natural hair care specialists.

§ 88B-10.1. Qualifications for licensing natural hair care specialists.
The Board shall issue a license to practice as a natural hair care specialist to any individual who meets all of the following requirements:
(1) Successful completion of at least 300 hours of a natural hair care curriculum in an approved cosmetic art school.
(2) Passage of an examination conducted by the Board.
(3) Payment of the fees required by G.S. 88B-20. (2009-521, s. 2.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-12 - Temporary employment permit; extensions; limits on practice.

§ 88B-12. Temporary employment permit; extensions; limits on practice.
(a) The Board shall issue a temporary employment permit to an applicant for licensure as an apprentice, cosmetologist, esthetician, natural hair care specialist, or manicurist who meets all of the following:
(1) Has completed the required hours of a cosmetic art school curriculum in the area in which the applicant wishes to be licensed.
(2) Has applied to take the examination within three months of completing the required hours.
(3) Is qualified to take the examination.
(b) A temporary employment permit shall expire six months from the date of graduation from a cosmetic art school and shall not be renewed.
(c) The holder of a temporary employment permit may practice cosmetic art only under the supervision of a licensed cosmetologist, manicurist, natural hair care specialist, or esthetician, as appropriate, and may not operate a cosmetic art shop. (1989 (Reg. Sess., 1990), c. 1013, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s. 20; 1998-230, s. 2; 2009-521, s. 4.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-13 - Applicants licensed in other states.

§ 88B-13. Applicants licensed in other states.
(a) The Board shall issue a license to an applicant licensed as an apprentice, cosmetologist, esthetician, natural hair care specialist, or manicurist in another state if the applicant shows:
(1) The applicant is an active practitioner in good standing.
(2) The applicant has practiced at least one of the three years immediately preceding the application for a license.
(3) There is no disciplinary proceeding or unresolved complaint pending against the applicant at the time a license is to be issued by this State.
(4) The licensure requirements in the state in which the applicant is licensed are substantially equivalent to those required by this State.
(b) Instead of meeting the requirements in subsection (a) of this section, any applicant who is licensed as a cosmetologist, esthetician, natural hair care specialist, or manicurist in another state shall be admitted to practice in this State under the same reciprocity or comity provisions that the state in which the applicant is licensed grants to persons licensed in this State.
(c) The Board may establish standards for issuing a license to an applicant who is licensed as a teacher in another state. These standards shall include a requirement that the licensure requirements in the state in which the teacher is licensed shall be substantially equivalent to those required in this State and that the applicant shall be licensed by the Board to practice in the area in which the applicant is licensed to teach. (1933, c. 179, s. 19; 1953, c. 1304, s. 4; 1957, c. 1184, s. 3; 1963, c. 1257, s. 3; 1973, c. 256, s. 1; 1981, c. 615, s. 12; c. 967; 1983, c. 438; 1998-230, s. 2; 2009-521, s. 5.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-14 - Licensing of cosmetic art shops.

§ 88B-14. Licensing of cosmetic art shops.
(a) The Board shall issue a license to operate a cosmetic art shop to any applicant who submits a properly completed application, on a form approved by the Board, pays the required fee, and is determined, after inspection, to be in compliance with the provisions of this Chapter and the Board's rules.
(b) The applicant shall list all licensees who practice cosmetic art in the shop and shall identify each as an employee or a booth renter.
(c) A cosmetic art shop shall be allowed to operate for a period of 30 days while the Board inspects and determines the shop's compliance with this Chapter and the Board's rules. If the Board is unable to complete the inspection within 30 days, the shop will be authorized to operate until such an inspection can be completed.
(d) A license to operate a cosmetic art shop shall not be transferable from one location to another or from one owner to another. (1933, c. 179, s. 1; 1973, c. 1481, ss. 1, 2; 1975, c. 7; c. 857, s. 1; 1977, cc. 155, 472; 1981, c. 615, ss. 1, 2; 1983 (Reg. Sess., 1984), c. 990; 1985, c. 125; 1985 (Reg. Sess., 1986), c. 833; 1987 (Reg. Sess., 1988), c. 965; 1993, c. 22, s. 2; c. 54, s. 1; 1995 (Reg. Sess., 1996), c. 605, s. 15; 1998-230, s. 2; 2009-521, s. 6.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-15 - Practice outside cosmetic art shops.

§ 88B-15. Practice outside cosmetic art shops.
(a) Any individual licensed under this Chapter may visit the residences of individuals who are sick or disabled and confined to their places of residence in order to attend to their cosmetic needs. A licensed individual may also visit hospitals, nursing homes, rest homes, retirement homes, mental institutions, correctional facilities, funeral homes, and similar institutions to attend to the cosmetic needs of those in these institutions.
(b) An individual licensed under this Chapter may practice in a licensed barbershop as permitted by G.S. 86A-14. (1933, c. 179, s. 1; 1973, c. 1481, ss. 1, 2; 1975, c. 7; c. 857, s. 1; 1977, cc. 155, 472; 1981, c. 615, ss. 1, 2, 6; 1983 (Reg. Sess., 1984), c. 990; 1985, c. 125; 1985 (Reg. Sess., 1986), c. 833; 1987 (Reg. Sess., 1988), c. 965; 1993, c. 22, s. 2; c. 54, s. 1; 1995 (Reg. Sess., 1996), c. 605, s. 15; 1998-230, s. 2.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-16 - Licensing cosmetic art schools.

§ 88B-16. Licensing cosmetic art schools.
(a) The Board shall issue a license to any cosmetic art school that submits a properly completed application, on a form approved by the Board, pays the required license fee, and is determined by the Board, after inspection, to be in compliance with the provisions of this Chapter and the Board's rules.
(b) No one may open or operate a cosmetic art school before the Board has approved a license for the school. The Board shall not issue a license before a cosmetic art school has been inspected and determined to be in compliance with the provisions of this Chapter and the Board's rules.
(c) Cosmetic art schools located in this State shall be licensed by the Board before any credit may be given for curriculum hours taken in the school. The Board may establish standards for approving hours from schools in other states that are licensed. (1933, c. 179, s. 23; 1935, c. 54, s. 5; 1973, c. 476, s. 128; 1975, c. 857, s. 9; 1981, c. 614, s. 1; c. 615, s. 14; 1995 (Reg. Sess., 1996), c. 605, s. 16.; 1998-230, s. 2.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-18 - Examinations.

§ 88B-18. Examinations.
(a) Repealed by Session Laws 2006-212, s. 2, effective August 8, 2006.
(b) Each examination shall have both a practical and a written portion.
(c) Examinations for applicants for apprentice, cosmetologist, teacher, esthetician, natural hair care specialist, and manicurist licenses shall be given in at least three locations in the State that are geographically scattered. The examinations shall be administered in Board-approved facilities.
(d) An applicant for a cosmetologist, esthetician, manicurist, natural hair care specialist, or teacher's license who fails to pass the examination three times may not reapply to take the examination again until after the applicant has successfully completed any additional requirements prescribed by the Board. (1933, c. 179, ss. 16, 17; 1935, c. 54, s. 4; 1973, c. 1360, ss. 3, 4; 1975, c. 857, s. 5; 1985, c. 559, s. 1; 1989, c. 650, s. 3; 1995, c. 541, s. 2; 1998-230, s. 2; 2006-212, s. 2; 2009-521, s. 7.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-19 - Expired school credits.

§ 88B-19. Expired school credits.
No credit shall be approved by the Board if five years or more have elapsed from the date a person enrolled in a cosmetic art school unless the person completed the required number of hours and filed an application to take an examination administered by the Board. (1933, c. 179, s. 12; 1953, c. 1304, s. 3; 1973, c. 450, s. 2; 1977, c. 899, s. 1; 1981, c. 615, s. 9; 1985, c. 559, s. 5; 1998-230, s. 2.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-20 - Fees required.

§ 88B-20. Fees required.
(a) The Board may charge the applicant the actual cost of preparation, administration, and grading of examinations for cosmetologists, apprentices, manicurists, estheticians, natural hair care specialist, or teachers, in addition to its other fees.
(b) The Board may charge application fees as follows:
(1) Inspection of a newly established cosmetic art shop $ 25.00
(2) Reciprocity applicant under G.S. 88B-13 $ 15.00.
(c) The Board may charge license fees as follows:
(1) Cosmetologist $ 39.00 every 3 years
(2) Apprentice $ 10.00 per year
(3) Esthetician $ 10.00 per year
(4) Manicurist $ 10.00 per year
(4a) Natural hair care specialist $ 10.00 per year
(5) Teacher $ 10.00 every 2 years
(6) Cosmetic art shop per active booth $ 3.00 per year
(7) Cosmetic art school $ 50.00 per year
(8) Duplicate license $ 1.00.
(d) The Board may require payment of late fees and reinstatement fees as follows:
(1) Apprentice, cosmetologist, esthetician, manicurist,
natural hair care specialist, and teacher late renewal $ 10.00
(2) Cosmetic art schools and shops late renewal $ 10.00
(3) Reinstatement – cosmetic art schools and shops $ 25.00.
(e) The Board may prorate fees as appropriate. (1933, c. 179, ss. 1, 21; 1955, c. 1265; 1973, c. 256, s. 2; c. 1481, ss. 1, 2; 1975, c. 7; c. 857, ss. 1, 6; 1977, cc. 155, 472; 1981, c. 615, ss. 1, 2, 13; 1983, c. 523; (Reg. Sess., 1984), c. 990; 1985, c. 125; 1985, c. 559, s. 2; (Reg. Sess., 1986), c. 833; 1987 (Reg. Sess., 1988), c. 965; 1993, c. 22, s. 2; c. 54, s. 1; 1995, c. 541, s. 1; (Reg. Sess., 1996), c. 605, s. 15; 1998-230, s. 2; 1999-348, s. 2; 2009-521, s. 8.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-22 - Licenses required; criminal penalty.

§ 88B-22. Licenses required; criminal penalty.
(a) Except as provided in this Chapter, no person may practice or attempt to practice cosmetic art for pay or reward in any form, either directly or indirectly, without being licensed as an apprentice, cosmetologist, esthetician, natural hair care specialist, or manicurist by the Board.
(b) Except as provided in this Chapter, no person may practice cosmetic art or any part of cosmetic art, for pay or reward in any form, either directly or indirectly, outside of a licensed cosmetic art shop.
(c) No person may open or operate a cosmetic art shop in this State unless a license has been issued by the Board for that shop.
(d) An individual licensed as an esthetician, natural hair care specialist, or manicurist may practice only that part of cosmetic art for which the individual is licensed.
(d1) No person may teach cosmetic art in a Board-approved cosmetic art school unless the person is a teacher licensed under this Chapter. A guest lecturer may be exempt from the requirements of this subsection upon approval by the Board.
(e) An apprentice licensed under the provisions of this Chapter shall apprentice under the direct supervision of a cosmetologist. An apprentice shall not operate a cosmetic art shop.
(f) A violation of this Chapter is a Class 3 misdemeanor. (1933, c. 179, ss. 1, 11, 28; 1949, c. 505, s. 2; 1973, c. 476, s. 128; c. 1481, ss. 1, 2; 1975, c. 7; c. 857, ss. 1, 8; 1977, cc. 155, 472; 1981, c. 614, s. 2; c. 615, ss. 1, 2, 17; 1983 (Reg. Sess., 1984), c. 990; 1985, c. 125; 1985 (Reg. Sess., 1986), c. 833; 1987 (Reg. Sess., 1988), c. 965; 1989 (Reg. Sess., 1990), c. 1013, s. 3; 1993, c. 22, s. 2; c. 54, s. 1; c. 539, s. 608; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess., 1996), c. 605, s. 15; 1998-230, s. 2; 2006-212, s. 4; 2009-521, s. 10.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-23 - Licenses to be posted.

§ 88B-23. Licenses to be posted.
(a) Every apprentice, cosmetologist, esthetician, manicurist, natural hair care specialist, and teacher licensed under this Chapter shall display the certificate of license issued by the Board within the shop in which the person works.
(b) Every certificate of license to operate a cosmetic art shop or school shall be conspicuously posted in the shop or school for which it is issued. (1933, c. 179, s. 24; 1998-230, s. 2; 2009-521, s. 11.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-24 - Revocation of licenses and other disciplinary measures.

§ 88B-24. Revocation of licenses and other disciplinary measures.
The Board may restrict, suspend, revoke, or refuse to issue, renew, or reinstate any license for any of the following:
(1) Conviction of a felony shown by certified copy of the record of the court of conviction.
(2) Gross malpractice or gross incompetency as determined by the Board.
(3) Advertising by means of knowingly false or deceptive statements.
(4) Permitting any individual to practice cosmetic art without a license or temporary employment permit, with an expired license or temporary employment permit, or with an invalid license or temporary employment permit.
(5) Obtaining or attempting to obtain a license for money or other thing of value other than the required fee or by fraudulent misrepresentation.
(6) Practicing or attempting to practice by fraudulent misrepresentation.
(7) Willful failure to display a certificate of license as required by G.S. 88B-23.
(8) Willful violation of the rules adopted by the Board.
(9) Violation of G.S. 86A-15 by a cosmetologist, esthetician, natural hair care specialist, or manicurist licensed by the Board and practicing cosmetic art in a barber shop. (1933, c. 179, ss. 23, 26, 28; 1935, c. 54, s. 5; 1941, c. 234, s. 4; 1949, c. 505, s. 2; 1973, c. 476, s. 128; 1975, c. 857, ss. 8, 9; 1981, c. 614, ss. 1, 2; c. 615, ss. 14, 15, 17; 1989 (Reg. Sess., 1990), c. 1013, ss. 2, 3; 1993, c. 539, 608; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess., 1996), c. 605, s. 16.; 1998-230, s. 2; 2009-521, s. 12.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-25 - Exemptions.

§ 88B-25. Exemptions.
The following persons are exempt from the provisions of this Chapter while engaged in the proper discharge of their professional duties:
(1) Undertakers and funeral establishments licensed under G.S. 90-210.25.
(2) Persons authorized to practice medicine or surgery under Chapter 90 of the General Statutes.
(3) Nurses licensed under Chapter 90 of the General Statutes.
(4) Commissioned medical or surgical officers of the United States Army, Air Force, Navy, Marine, or Coast Guard.
(5) A person employed in a cosmetic art shop to shampoo hair. (1933, c. 179, ss. 1, 22; 1973, c. 1481, ss. 1, 2; 1975, c. 7; c. 857, s. 1; 1977, cc. 155, 472; 1981, c. 615, ss. 1, 2; 1983 (Reg. Sess., 1984), c. 990; 1985, c. 125; 1985 (Reg. Sess., 1986), c. 833; 1987 (Reg. Sess., 1988), c. 965; 1993, c. 22, s. 2; c. 54, s. 1; 1995 (Reg. Sess., 1996), c. 605, s. 15; 1998-230, s. 2.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-26 - Rules to be posted.

§ 88B-26. Rules to be posted.
(a) The Board shall furnish a copy of its rules relating to sanitary management of cosmetic art shops and cosmetic art schools to each shop and school licensed by the Board. Each shop and school shall post the rules in a conspicuous place.
(b) The Board shall furnish a copy of its rules relating to curriculum and schools to each licensed cosmetic art school. Each cosmetic art school shall make these rules available to all teachers and students. (1933, c. 179, s. 23; 1935, c. 54, s. 5; 1973, c. 476, s. 128; 1975, c. 857, s. 9; 1981, c. 614, s. 1; c. 615, s. 14; 1995 (Reg. Sess., 1996), c. 605, s. 16; 1998-230, s. 2.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-27 - Inspections.

§ 88B-27. Inspections.
Any inspector or other authorized representative of the Board may enter any cosmetic art shop or school to inspect it for compliance with this Chapter and the Board's rules. All persons practicing cosmetic art in a shop or school shall, upon request, present satisfactory proof of identification. Satisfactory proof shall be in the form of a photographic driver's license or photographic identification card issued by any state, federal, or other government entity. The Board may require a cosmetic art shop or school to be inspected as a condition for license renewal. (1933, c. 179, ss. 15, 23; 1935, c. 54, ss. 3, 5; 1941, c. 234, s. 2; 1943, c. 354, s. 2; 1957, c. 1184, s. 2; 1971, c. 355, ss. 2, 3; c. 616, ss. 1, 3; 1973, c. 476, s. 128; c. 1360, s. 2; 1975, c. 857, ss. 4, 9; 1981, c. 614, s. 1; c. 615, ss. 11, 14; 1983, c. 913, s. 9; 1989, c. 650, s. 2; 1995 (reg. Sess., 1996), c. 605, s. 16; 1998-230, s. 2.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-28 - Restraining orders.

§ 88B-28. Restraining orders.
The Board, the Department of Health and Human Services, or any county or district health director may apply to the superior court for an injunction to restrain any person from violating the provisions of this Chapter or the Board's rules. Actions under this section shall be brought in the county where the defendant resides or maintains his or her principal place of business or where the alleged acts occurred. (1949, c. 505, s. 1; 1973, c. 476, s. 128; 1975, c. 857, s. 10; 1981, c. 614, s. 3; c. 615, s. 18; 1997-443, s. 11A.118(a); 1997-502, s. 8; 1998-230, s. 2.)
2023 North Carolina General Statutes › Chapter 88B - Cosmetic Art › § 88B-29 - Civil penalties.

§ 88B-29. Civil penalties.
(a) Authority to Assess Civil Penalties. – In addition to taking any of the actions permitted under G.S. 88B-24, the Board may assess a civil penalty not in excess of one thousand dollars ($1,000) for the violation of any section of this Chapter or the violation of any rules adopted by the Board. The clear proceeds of any civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(b) Consideration Factors. – Before imposing and assessing a civil penalty and fixing the amount thereof, the Board shall, as a part of its deliberations, take into consideration the following factors:
(1) The nature, gravity, and persistence of the particular violation.
(2) The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment.
(3) Whether the violation was willful and malicious.
(4) Any other factors that would tend to mitigate or aggravate the violations found to exist.
(c) Schedule of Civil Penalties. – The Board shall establish a schedule of civil penalties for violations of this Chapter. The schedule shall indicate for each type of violation whether the violation can be corrected. Penalties shall be assessed for the first, second, and third violations of specified sections of this Chapter and for specified rules.
(d) Costs. – The Board may in a disciplinary proceeding charge costs, including reasonable attorneys' fees, to the licensee against whom the proceedings were brought. (1998-230, s. 2; 2004-142, s. 2.)
2023 North Carolina General Statutes › Chapter 89A - Landscape Architects › § 89A-1 - Definitions.

§ 89A-1. Definitions.
The following definitions apply in this Chapter:
(1) Board. – The North Carolina Board of Landscape Architects.
(2) Landscape architect. – A person who, on the basis of demonstrated knowledge acquired by professional education or practical experience, or both, has been granted, and holds a current certificate entitling him or her to practice "landscape architecture" and to use the title "landscape architect" in North Carolina under the authority of this Chapter.
(3) Landscape architecture or the practice of landscape architecture. – The performance of services in connection with the development of land areas where, and to the extent that the dominant purpose of the services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings, approaches or environment for structures or other improvements, natural drainage and the consideration and determination of inherent problems of the land relating to the erosion, wear and tear, blight or other hazards. This practice shall include the preparation of plans and specifications and supervising the execution of projects involving the arranging of land and the elements set forth in this subsection used in connection with the land for public and private use and enjoyment, embracing the following, all in accordance with the accepted professional standards of public health, safety and welfare:
a. The location and orientation of buildings and other similar site elements.
b. The location, routing and design of public and private streets, residential and commercial subdivision roads, or roads in and providing access to private or public developments. This does not include the preparation of construction plans for proposed roads classified as major thoroughfares or a higher classification.
c. The location, routing and design of private and public pathways and other travelways.
d. The preparation of planting plans.
e. The design of surface or incidental subsurface drainage systems, soil conservation and erosion control measures necessary to an overall landscape plan and site design. (1969, c. 672, s. 1; 1997-406, s. 1; 2001-496, s. 12.1(a).)
2023 North Carolina General Statutes › Chapter 89A - Landscape Architects › § 89A-3 - North Carolina Board of Landscape Architects; appointments.

§ 89A-3. North Carolina Board of Landscape Architects; appointments.
(a) There is created the North Carolina Board of Landscape Architects, consisting of seven members appointed by the Governor for four-year staggered terms. Five members of the Board shall have been engaged in the practice of landscape architecture in North Carolina at least five years at the time of their respective appointments. Two members of the Board shall not be landscape architects and shall represent the interest of the public at large. Each member shall hold office until the appointment and qualification of his or her successor. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. No member shall serve more than two complete consecutive terms.
The Board shall be subject to the provisions of Chapter 93B of the General Statutes.
(b) The Board shall elect annually from its members a chair and a vice-chair and shall hold such meetings during the year as it may determine to be necessary, one of which shall consist of the annual meeting. A quorum of the Board shall consist of not less than three members.
(b1) The members of the Board shall not be compensated. However, members shall be entitled to be reimbursed from Board funds for all proper traveling and incidental expenses incurred in carrying out the provisions of this Chapter.
(c), (d) Repealed by Session Laws 1997-406, s. 3. (1969, c. 672, s. 3; 1979, c. 872, s. 1; 1997-406, s. 3.)
2023 North Carolina General Statutes › Chapter 89A - Landscape Architects › § 89A-3.1 - Board's powers and duties.

§ 89A-3.1. Board's powers and duties.
The Board shall have the following powers and duties:
(1) Administer and enforce the provisions of this Chapter.
(2) Adopt rules to administer and enforce the provisions of this Chapter.
(3) Examine and determine the qualifications and fitness of applicants for registration and renewal of registration.
(4) Determine the qualifications of firms, partnerships, or corporations applying for a certificate of registration.
(5) Issue, renew, deny, suspend, or revoke certificates of registration and conduct any disciplinary actions authorized by this Chapter.
(6) Establish and approve continuing education requirements for persons registered under this Chapter.
(7) Receive and investigate complaints from members of the public.
(8) Conduct investigations for the purpose of determining whether violations of this Chapter or grounds for disciplining registrants exist.
(9) Conduct administrative hearings in accordance with Article 3 of Chapter 150B of the General Statutes.
(10) Maintain a record of all proceedings conducted by the Board and make available to registrants and other concerned parties an annual report of all Board action.
(11) Employ and fix the compensation of personnel that the Board determines is necessary to carry out the provisions of this Chapter and incur other expenses necessary to perform the duties of the Board.
(12) Adopt and publish a code of professional conduct for all registrants.
(13) Adopt a seal containing the name of the Board for use on all certificates of registration and official reports issued by the Board.
(14) Retain private counsel subject to G.S. 114-2.3. (1997-406, s. 4; 1997-456, s. 27; 2002-168, s. 7.)
2023 North Carolina General Statutes › Chapter 89A - Landscape Architects › § 89A-4 - Application, examination, certificate.

§ 89A-4. Application, examination, certificate.
(a) Any person hereafter desiring to be registered and licensed to use the title "landscape architect" and to practice landscape architecture in the State, shall make a written application for examination to the Board, on a form prescribed by the Board, together with such evidence of his or her qualifications as may be prescribed by rules of the Board. Minimum qualifications under such rules shall require that the applicant:
(1) Shall be at least 18 years of age.
(2) Shall be of good moral character.
(3) Shall be a graduate of a Landscape Architect's Accreditation Board (LAAB) accredited collegiate curriculum in landscape architecture as approved by the Board.
(4) Shall have at least four years' experience in landscape architecture.
(a1) Notwithstanding the requirements of subdivisions (a)(3) and (4) of this section, any person who has had a minimum of 10 years of education and experience in landscape architecture, in any combination deemed suitable by the Board, may make application to the Board for examination.
(b) If the application is satisfactory to the Board, and is accompanied by the fees required by this Chapter, then the applicant shall be entitled to an examination to determine his or her qualifications. If the result of the examination of any applicant shall be satisfactory to the Board, then the Board shall issue to the applicant a certificate to use the title "landscape architect" and to practice landscape architecture in North Carolina. Examinations shall be held at least once a year at a time and place to be fixed by the Board which shall determine the subjects and scope of the examination. The Board may adopt rules for administering the examination in one or more parts at the same time or at different times.
(c) The Board, within its discretion, may issue licenses without examination and licenses by reciprocity or comity to persons holding a license or certificate in landscape architecture from any legally constituted board of examiners in another state or country whose registration requirements are deemed to be equal or equivalent to those of this State.
(d) Repealed by Session Laws 1997-406, s. 5.
(e) The Board, within its discretion, may grant an honorific title license to persons who have held for a minimum of 20 years a license or certificate in landscape architecture issued by the Board or a legally constituted board of examiners in another state or country whose registration requirements are equal or equivalent to those of this State. The honorific title license shall allow the person to use the title "landscape architect emeritus", but the person shall not practice landscape architecture or provide expert testimony as a landscape architect in this State unless the person complies with the provisions of this Chapter. There shall be no fee charged for an honorific title license. (1969, c. 672, s. 4; 1971, c. 162; 1979, c. 872, ss. 2, 3; 1997-406, s. 5.)
2023 North Carolina General Statutes › Chapter 89A - Landscape Architects › § 89A-5 - Annual renewal of certificate.

§ 89A-5. Annual renewal of certificate.
Every registrant under this Chapter shall, on or before the first day of July in each year, obtain a renewal of a certificate for the ensuing year, by application, accompanied by the required fee. Upon failure to renew, the certificate shall be automatically revoked. The certificate may be renewed at any time within one year after its expiration if the applicant pays the required renewal fee and late renewal penalty, and the Board finds that the applicant has not used his or her certificate or title or engaged in the practice of landscape architecture after notice of revocation and is otherwise eligible for registration under the provisions of this Chapter. When necessary to protect the public health, safety, or welfare, the Board shall require such evidence as it deems necessary to establish the continuing competency of licensees as a condition of license renewal. (1969, c. 672, s. 5; 1979, c. 872, s. 4; 1997-406, s. 6.)
2023 North Carolina General Statutes › Chapter 89A - Landscape Architects › § 89A-6 - Fees.

§ 89A-6. Fees.
Fees are to be determined by the Board, but shall not exceed the amounts specified herein, however; fees must reflect actual expenses of the Board.
Application $100.00
License by reciprocity or comity 250.00
Annual license renewal 100.00
Late renewal penalty 50.00
Reissue of certificate 25.00
Corporate certificate 250.00
In all instances where the Board uses the services of a testing service for preparation, administration, or grading of examinations, the Board may charge the applicant the actual cost of the examination services, in addition to its other fees. Fees shall be paid to the Board at the times specified by the Board. (1969, c. 672, s. 6; 1979, c. 872, s. 5; 1989, c. 673, s. 4; 1997-406, s. 7; 1999-315, s. 1.)
2023 North Carolina General Statutes › Chapter 89A - Landscape Architects › § 89A-7 - Disciplinary actions.

§ 89A-7. Disciplinary actions.
(a) The Board may deny or refuse to renew a certificate of registration, suspend, or revoke a certificate of registration if the registrant or applicant:
(1) Obtains a certificate of registration by fraudulent misrepresentation.
(2) Uses or attempts to use another's certificate of registration to practice landscape architecture.
(3) Uses or attempts to use another's name for purposes of obtaining a certificate of registration or practicing landscape architecture.
(4) Has demonstrated gross malpractice or gross incompetency as determined by the Board.
(5) Has been convicted of or pled guilty or no contest to a crime that indicates that the person is unfit or incompetent to practice landscape architecture or that indicates the person has deceived or defrauded the public.
(6) Has been declared mentally incompetent by a court of competent jurisdiction.
(7) Has willfully violated any of the provisions of this Chapter or the Board's rules.
(b) The Board may require a registrant to take a written or oral examination if the Board finds evidence that the person is not competent to practice landscape architecture as defined in this Chapter.
(c) The Board may take any of the actions authorized in subsection (a) of this section against any firm, partnership, or corporation registered with the Board.
(d) In addition to taking any of the actions authorized in subsection (a) of this section, the Board may assess a civil penalty not in excess of two thousand dollars ($2,000) for the violation of any section of this Chapter or the violation of any rules adopted by the Board. All civil penalties collected by the Board shall be remitted to the school fund of the county in which the violation occurred. Before imposing and assessing a civil penalty and fixing the amount thereof, the Board shall, as a part of its deliberations, take into consideration the following factors:
(1) The nature, gravity, and persistence of the particular violation.
(2) The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment.
(3) Whether the violation was willful.
(4) Any other factors that would tend to mitigate or aggravate the violations found to exist. (1969, c. 672, s. 7; 1973, c. 1331, s. 3; 1987, c. 827, ss. 1, 71; 1997-406, s. 8.)
2023 North Carolina General Statutes › Chapter 89A - Landscape Architects › § 89A-8 - Violation a misdemeanor; injunction to prevent violation.

§ 89A-8. Violation a misdemeanor; injunction to prevent violation.
(a) It shall be a Class 2 misdemeanor for any person to use, or to hold himself or herself out as entitled to practice under the title of landscape architect or landscape architecture or to practice landscape architecture unless he or she is duly registered under the provisions of this Chapter.
(b) The Board may appear in its own name in the courts of the State and apply for injunctions to prevent violations of this Chapter. (1969, c. 672, s. 8; 1973, c. 1331, s. 3; 1987, c. 827, s. 72; 1993, c. 539, s. 610; 1994, Ex. Sess., c. 24, s. 14(c); 1997-406, s. 9.)
2023 North Carolina General Statutes › Chapter 89B - Foresters › § 89B-1 - General provisions.

§ 89B-1. General provisions.
(a) No person shall use the designation "forester", "registered forester", or any other descriptive terms that include the words "forester" or "registered forester" and that directly convey that the person is a forester without first having been registered under this Chapter.
(b) This Chapter benefits and protects the public by improving the standards for the practice of professional forestry in North Carolina. (1975, c. 531, s. 1; 1998-157, s. 1.)
2023 North Carolina General Statutes › Chapter 89B - Foresters › § 89B-2 - Definitions.

§ 89B-2. Definitions.
As used in this Chapter:
(1) "Board" means the State Board of Registration for Foresters, provided for by this Chapter.
(2) "Forester" means a person who by reason of special knowledge and training in natural sciences, mathematics, silviculture, forest protection, forest mensuration, forest management, forest economics, and forest utilization is qualified to engage in the practice of forestry.
(2a) "Forestry" means the professional practice embracing the science, business, and the art of creating, conserving, and managing forests and forestlands for the sustained use and enjoyment of their resources, material, or other forest produce.
(3) "Practice of forestry" means rendering professional forestry services, including but not limited to, consultation, investigation, evaluation, planning, or other forestry activities requiring knowledge, training, and experience in forestry principles and techniques.
(4) "Registered forester" means a person who has been registered pursuant to this Chapter.
(5) "Consulting forester" means a registered forester who:
a. through c. Repealed by Session Laws 1998-157, s.1.
d. Is competent to practice forest management, appraisal, development, marketing, protection, and utilization for the benefit of the general public on a fee, contractual, or contingency basis;
e. Has not engaged in any practice that constitutes a conflict of interest or in any way diminishes his ability to represent the best interests of his clients; and
f. Has filed annually an affidavit with the Board in accordance with G.S. 89B-14(b).
(6) "Urban forester" means a person who engages in the practice of forestry in an urban setting that involves municipal ownership, homesteads, parks and woodlots, and similar urban properties. (1975, c. 531, s. 2; 1989, c. 169; 1998-157, s. 1.)
2023 North Carolina General Statutes › Chapter 89B - Foresters › § 89B-3 - State Board of Registration for Foresters; appointment of members; terms.

§ 89B-3. State Board of Registration for Foresters; appointment of members; terms.
(a) A State Board of Registration for Foresters is created to administer the provisions of this Chapter. The Board shall have five members as follows:
(1) Four duly practicing registered foresters, at least three of whom hold a bachelors or higher degree from an accredited forestry school, and
(2) One public member.
Each member shall be appointed by the Governor for a three-year term. No member may serve more than two complete consecutive terms.
(b) Each member of the Board shall be a citizen of the United States and a resident of North Carolina.
(c) Vacancies in the membership of the Board shall be filled by appointment by the Governor for the unexpired term.
(d) The Board shall elect annually the following officers: a chairman, and a vice-chairman, who shall be members of the Board, and a secretary who may be a member of the Board. A quorum of the Board shall consist of not less than three voting members of the Board. (1975, c. 531, s. 3; 1983, c. 103, s. 1; 1998-157, s. 1.)
2023 North Carolina General Statutes › Chapter 89B - Foresters › § 89B-4 - Compensation and expenses of Board members.

§ 89B-4. Compensation and expenses of Board members.
Each member of the Board shall receive per diem and allowances as provided by G.S. 93B-5. (1975, c. 531, s. 4; 1998-157, s. 1.)
2023 North Carolina General Statutes › Chapter 89B - Foresters › § 89B-5 - Organization and meetings of the Board.

§ 89B-5. Organization and meetings of the Board.
The Board shall meet at least twice each year. In addition, special meetings may be held in accordance with the rules of the Board. (1975, c. 531, s. 5; 1998-157, s. 1.)
2023 North Carolina General Statutes › Chapter 89B - Foresters › § 89B-6 - Powers of the Board.

§ 89B-6. Powers of the Board.
The Board may adopt rules in accordance with Chapter 150B of the General Statutes for the proper performance of its duties and the regulation of the proceedings before it. The Board shall adopt an official seal. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board.
The Board may establish fees, subject to the maximum amounts prescribed by this Chapter. (1975, c. 531, s. 6; 1998-157, s. 1.)
2023 North Carolina General Statutes › Chapter 89B - Foresters › § 89B-7 - Receipts and disbursements.

§ 89B-7. Receipts and disbursements.
The secretary of the Board shall receive and account for all moneys derived under this Chapter, and shall keep these moneys in a separate fund known as the "Registered Foresters' Fund." Moneys in the Fund shall be expended to carry out the purposes of the Board. The secretary of the Board shall give surety bond to the Board in an amount determined by the Board. The premium for the surety bond is a proper expense of the Board and shall be paid from the Registered Foresters' Fund.
The Board may employ and fix the compensation of necessary clerical and other assistants. The compensation of these assistants shall be paid out of the Registered Foresters' Fund. (1975, c. 531, s. 7; 1998-157, s. 1.)
2023 North Carolina General Statutes › Chapter 89B - Foresters › § 89B-8 - Records and reports.

§ 89B-8. Records and reports.
The Board shall keep a record of its proceedings and a register of all applications for registration. The register shall show the name, age and residence of each applicant; the date of the application; the applicant's place of business; the applicant's educational and other qualifications; whether or not examination was required; whether the application was rejected or registration was granted; the date of action by the Board; and other information deemed necessary by the Board. Each July 1 the Board shall submit to the Governor a report of its transactions of the preceding year. (1975, c. 531, s. 8; 1998-157, s. 1.)
2023 North Carolina General Statutes › Chapter 89B - Foresters › § 89B-10 - Application and registration fees.

§ 89B-10. Application and registration fees.
(a) Applications for registration shall be made on forms prescribed and furnished by the Board. The application fee for a certificate of registration as a registered forester shall be in an amount determined by the Board, not to exceed fifty dollars ($50.00), which shall accompany the application. An additional fee, not to exceed forty dollars ($40.00), shall be paid upon issuance of the certificate of registration. An applicant that does not remit the certificate fee within 30 days after being notified of qualification forfeits the right to have the certificate issued, and the applicant may be required again to submit an original application fee. If the Board denies a certificate of registration to any applicant, the initial application fee deposited by the applicant shall be retained by the Board.
(b) It is unlawful for any person to provide false or forged information to the Board or a member of the Board in obtaining a certificate of registration. (1975, c. 531, s. 10; 1989, c. 245, s. 1; 1998-157, s. 1.)