reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION › Section .1100 - NC ON-SITE WASTEWATER EVALUATOR STANDARDS OF PRACTICE › Section 39 .1104 - REQUIRED DOCUMENTS FOR EVALUATORS

Current through Register Vol. 39, No. 2, July 15, 2024
Evaluators shall provide the owner with the following
				  documents at the post-construction conference:
(1) a signed and sealed copy of reports on
				soil conditions and site features, layouts, drawings, specifications,
				justification on any proposed design daily flow reductions, and any special
				inspection reports or corrections made during the construction of the
				system;
(2) the owner's operation
				and management program established for the specific wastewater system
				installed;
(3) any reports and
				findings related to the evaluation, siting, and construction of the wastewater
				system; and
(4) information to the
				owner on procedures for final submittal to the local health
				department.
Authority
				  G.S.
				  90A-74;
				  130A-336.2;
Eff.
				  June 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0100 - LOCATION › Section 40 .0101 - LOCATION AND FUNCTION

Current through Register Vol. 39, No. 2, July 15, 2024
The NC State Board of Opticians (Board) is physically located
				  at 3809 Computer Drive, Raleigh, North Carolina 27609. Its mailing address is
				  Post Office Box 6758, Raleigh, North Carolina 27628-6758.
Authority
				  G.S.
				  90-239;
Eff. February 1,
				  1976;
Readopted Eff. September 29, 1977;
Amended Eff.
				  January 1, 1994; February 1, 1989; November 1, 1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22, 2018;
Amended Eff.
				  October 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0100 - LOCATION › Section 40 .0102-.0103

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  93B-3;
				  90-234 through
				  90-255;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Repealed
				  Eff. November 1, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0100 - LOCATION › Section 40 .0104 - INFORMATION AND APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Potential applicants for a North Carolina optician's license can download
				application forms from the Board's website
www.ncopticiansboard.org
.
				Application forms shall be submitted in order to be considered for licensure by
				waiver of the examination, or to sit for the licensure examination.
(1) Applicants for licensure examination
				shall provide documentation of eligibility for examination participation by
				having met requirements of
				G.S.
				90-240(a)(1) or (2), or
				G.S.
				90-241(b).
(A) Applicants qualifying by
				G.S.
				90-240(a)(2) shall provide a
				certified transcript showing completion of AAS degree from an accredited school
				of opticianry.
(B) Applicants
				qualifying by
				G.S.
				90-241(b) shall provide a
				certified transcript showing completion of an optical certificate program from
				an accredited school of opticianry, or a Board-recognized training
				program.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0100 - LOCATION › Section 40 .0105 - REPEALED - CERTIFICATE OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-234;
				  90-249;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Repealed
				  Eff. November 1, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0100 - LOCATION › Section 40 .0106 - COPY OF THE LAW

Current through Register Vol. 39, No. 2, July 15, 2024
A copy of the laws and rules governing the practice of
				  opticianry in North Carolina is available from the Board at a charge of ten
				  dollars ($10.00).
Authority
				  G.S.
				  90-249;
Eff. February 1,
				  1976;
Readopted Eff. September 29, 1977;
Amended Eff.
				  February 1, 1989; November 1, 1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0100 - LOCATION › Section 40 .0107 - INSPECTION OF MATERIALS

Current through Register Vol. 39, No. 2, July 15, 2024
A record will be kept of all rulemaking proceedings,
				  declaratory rulings, and final orders or decisions of the Board. These records
				  will include all relevant written material and will be available for inspection
				  upon appointment with the executive secretary.
Authority
				  G.S.
				  90-249;
				  150B-11(2);
Eff. February 1, 1976;
Readopted Eff. September 29,
				  1977;
Amended Eff. November 1, 1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0100 - LOCATION › Section 40 .0108 - REPEALED - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-246;
				  90-249(a)(9);
Eff. November 1, 1981;
Temporary Amendment Eff. November 1,
				  1997;
Amended Eff. April 1, 2004; August 1, 1998; February 1, 1989;
				  February 1, 1988; August 1, 1985;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22, 2018;
Repealed Eff.
				  October 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0100 - LOCATION › Section 40 .0109 - ELECTION OF MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) By April 1 of
				each year, any licensed optician desiring to be nominated for the Board shall
				forward a petition endorsed by five licensees to the Board.
(b) By April 10 of each year, the Board shall
				prepare and distribute by mail to each North Carolina licensed optician:
(1) a notice of the election, and its
				dates;
(2) the name of each
				nominee;
(3) biographical
				information on each nominee;
(4) a
				ballot; and
(5) a return
				envelope.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0100 - LOCATION › Section 40 .0110 - REPEALED - OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-239;
Eff. November 1,
				  1981;
Repealed Eff. February 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0100 - LOCATION › Section 40 .0111 - SUBJECT OF DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
The Board will issue a declaratory ruling upon request of a
				  person determined by the Board to be a "person aggrieved" within the meaning of
				  G.S.
				  150B-2(6), unless the Board
				  determines that issuance of a declaratory ruling would be undesirable, taking
				  into account such factors as pending litigation or contested cases involving
				  the same subject matter as the requested ruling, the number of licensees
				  possibly affected by the ruling, and whether the same subject is adequately
				  addressed by existing rules or prior declaratory rulings.
Authority
				  G.S.
				  90-239;
				  90-249;
				  150B-17;
Eff.
				  November 1, 1981;
Amended Eff. February 1, 1989; February 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0100 - LOCATION › Section 40 .0112 - REPEALED - FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-249;
Eff. November 1,
				  1981;
Amended Eff. January 1, 1994; February 1, 1989; August 1,
				  1985; July 1, 1983;
Repealed Eff. April 1,
				  2011.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0100 - LOCATION › Section 40 .0113 - WAIVER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board may
				waive any rule in this Chapter that is not statutorily required if a licensee,
				business or training establishment, trainee, or continuing education course
				provider submits a written request. Factors the Board shall use in determining
				whether to grant the waiver are:
(1) degree
				of disruption to the Board;
(2)
				cost to the Board;
(3) degree of
				benefit to the public;
(4) whether
				the requesting party had control over the circumstances that required the
				requested waiver;
(5) notice to and
				opposition by the public;
(6) need
				for the waiver; and
(7) previous
				requests for waivers submitted from the requesting party.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0201 - REPEALED - NO DISPLAY OF REFRACTING EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-249;
Eff. February 1,
				  1976;
Readopted Eff. September 29, 1977;
Repealed Eff.
				  February 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0202 - REGISTRATION OF OPTICAL PLACE OF BUSINESS AND OPTICIAN IN CHARGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As used in this Rule, "optical place of
				business" means the principal office, as well as each branch office of the
				business.
(1) Every optical place of business
				shall be registered with the Board within 10 days following its opening for
				business and thereafter annually and in the event of relocation or change of
				ownership. The registration fee shall be paid for each registration.
(2) Registration of an optical place of
				business automatically expires on the last day of June of each year, and it
				shall not engage in business until it is registered for the next annual
				period.
(3) An optical place of
				business registration is the responsibility of the owner. Any business that
				violates the registration requirements of this Rule shall be subject to the
				Board's disciplinary authority under
				G.S.
				90-249.1,
				G.S.
				90-252, and
				G.S.
				90-254.
(4) An optical place of business registered
				in compliance with this Rule shall be eligible to be a training establishment
				when the requirements of Rules .0314 and .0321 of this Chapter are
				met.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0203 - REPEALED - BRANCH OFFICES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-243;
Eff. February 1,
				  1976;
Readopted Eff. September 29, 1977;
Amended Eff.
				  August 1, 1985; January 1, 1983; November 1, 1981; November 1,
				  1978;
Repealed Eff. February 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0204 - REPEALED - FINING OF REPETITIVE VIOLATORS OF THE LAW

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-249;
Eff. February 1,
				  1976;
Amended Eff. September 6, 1977;
Repealed Eff.
				  November 1, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0205 - BAITING OR DECEPTIVE ADVERTISING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Statements regarding optical goods and services must be accurate and truthful
				pursuant to Article 1, Chapter 75, of the North Carolina General Statutes.
				Deceptive advertising of any kind is unlawful. Any advertising that tends to
				mislead the consumer is interpreted to be unlawful.
(b) If an item or service is advertised for
				sale but the offer is qualified the qualification must be conspicuously placed
				in the advertisement. For example, if spectacles or eyeglasses are offered for
				sale and a second pair is offered at a special or reduced price, the
				advertisement must state expressly whether the second pair is other than a
				duplicate of the first pair purchased. Likewise if a picture, illustration or
				description is included in the advertisement, it must accurately represent the
				item for sale. Bait advertising is an alluring but insincere offer to sell a
				product or service which the advertiser does not actually wish to sell at the
				price advertised. A seller may not in any way discourage the purchase of the
				advertised product. Specifically, he may not refuse to show or sell the
				advertised product or disparage the same in an attempt to sell another product.
				Furthermore, he may not demonstrate or show an unattractive or shopworn item or
				product in place of the advertised product. When a product is offered for sale
				at a discounted price, the discount must be truthful. In order to be truthful,
				the discounted price must be based upon a bona fide original price. A bona fide
				original price is established by selling the product at the original price for
				a majority of the time that the product is offered for sale.
(c) If the seller offers in an advertisement,
				whether written, oral, electronic or otherwise, a certificate, check payable to
				bearer or any coupon representing cash or a discount in any amount off the cost
				of a pair of spectacles or eyeglasses, the seller must be able to prove that
				the price has not been increased by that amount or more for the duration of the
				advertised offer or sale, that is, prior to the advertised discounted
				sale.
Authority
				  G.S.
				  90-249;
Eff. February 1,
				  1976;
Amended Eff. July 1, 1991; February 1, 1989; November 1,
				  1981; September 6, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0206 - PROFESSIONAL RESPONSIBILITY; CONTINUING EDUCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				licensed optician shall:
(1) maintain
				equipment and instruments in his or her office at all times to assure
				professional service to the public, and for use in training apprentices and
				interns as set forth in
				21 NCAC
				40 .0321;
(2) make a referral to another healthcare
				provider when, in the licensee's professional opinion, such referral would
				benefit the client;
(3) treat all
				information concerning his or her clients as privileged and not to be
				communicated to others except when authorized or required by a law or rule, or
				with express consent of the client; and
(4) take annual courses of study in subjects
				related to the practice of opticianry for the purpose of enhancing his or her
				scientific knowledge and professional skills, learning new techniques, and
				acquiring increased knowledge of laws and rules governing the practice of
				opticianry, as set forth in Paragraph (b) of this Rule.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0207 - LOCATION OF LICENSEE, INTERN OR APPRENTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior
				to performing acts regulated by the Board, each dispensing optician, intern or
				apprentice shall notify the Board of their employment status and the name and
				physical address of their employment. Changes in employment status or
				employment address shall be reported to the Board within 10 days.
(b) Each dispensing optician, apprentice, or
				intern shall report to the Board, within 30 days, of any change in his or her
				home address.
(c) Notification from
				the Board is deemed to have been received if mailed to either the home or
				business address of the dispensing optician, intern, or apprentice provided by
				the individual and shown in the records of the Board.
Authority
				  G.S.
				  90-243;
				  90-249(a)(4),(8),(11);
				  90-294.1;
Eff.
				  November 1, 1981;
Amended Eff. September 1, 2012;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0208 - REPEALED - LICENSE REVOCATION AND REINSTATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-249;
Eff. November 1,
				  1981;
Repealed Eff. February 1,
				  1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0209 - DISPLAY OF REGISTRATION AND LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				registered optical place of business or training establishment shall display
				its registration certificate, containing the name of the current optician in
				charge or the name of the current trainer or trainers, in a visible and public
				area of the place of business or training establishment.
(b) Each apprentice and intern shall display
				his or her registration certificate in a visible and public part of the
				training establishment wherein he or she is engaged as a trainee.
(c) Each optician to whom a license has been
				granted shall display his or her license and current renewal seal in a visible
				and public part of the office or establishment wherein he or she is engaged as
				a dispensing optician.
Authority
				  G.S.
				  90-244;
Eff. November 1,
				  1981;
Amended Eff. September 1, 2012; February 1, 1989; July 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22, 2018;
Amended Eff.
				  December 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0210 - PRESCRIPTION AND INTERPRETATION

Current through Register Vol. 39, No. 2, July 15, 2024
A prescription is a written direction from an ophthalmologist
				  or optometrist for eyeglasses, contact lenses, or other ophthalmic appliances.
				  The prescriber retains discretion in determining the number and type of
				  measurements which will be placed upon the prescription and determines whether
				  the patient is medically or physiologically suited for, or has need for
				  eyeglasses, and/or contact lenses. The optician takes the measurements
				  necessary to fill the prescription and determines the makeup of the lenses,
				  supplementing but not contradicting the prescription. In the event of a
				  question regarding interpretation of the prescription, the question will be
				  discussed with the prescriber and his response shall be promptly recorded in
				  writing by the optician.
Authority
				  G.S.
				  90-235;
				  90-236;
				  90-236.1;
Eff.
				  November 1, 1981;
Amended Eff. February 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0211 - MINOR ADJUSTMENTS OR REPAIRS

Current through Register Vol. 39, No. 2, July 15, 2024
To make a minor adjustment means to tighten the temple screws
				  of eyeglasses. To make a minor repair means to replace the temple
				  screws.
Authority
				  G.S.
				  90-239;
				  90-253;
Eff. January
				  1, 1986;
Amended Eff. February 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0212 - DUTY TO PROVIDE DIRECT SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				failure of a licensed optician who owns or has a controlling interest in an
				optical place of business, or under whose name an optical place of business or
				branch thereof is registered, to provide direct supervision as set forth in
				G.S.
				90-253 of an unlicensed person working at
				such business or branch and performing acts constituting the practice of
				opticianry shall constitute a violation of
				G.S.
				90-249.1(a)(2).
(b) The failure of an optical place of
				business to schedule a licensed optician to provide direct supervision as set
				forth in G.S. 90-253 of an unlicensed
				person working at the business shall constitute a violation of
				G.S.
				90-249.1(a)(2).
(c) Optometrists and ophthalmologists, and
				individuals employed by them, are exempt from the provision of direct
				supervision as set forth in
				G.S.
				90-253, except for those employees registered
				as trainees with the Board when the optometry or ophthalmology practice is
				registered with the Board as a training establishment.
Authority
				  G.S.
				  90-239;
				  90-249.1(a)(2);
				  90-253;
Eff. February
				  1, 1988;
Amended Eff. August 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22, 2018;
Amended Eff.
				  October 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0213 - REPEALED - NEGLIGENCE IN DISPENSING CONTACT LENSES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-237;
				  90-240;
				  90-249;
Eff. May 1,
				  1989;
Repealed Eff. April 1,
				  2011.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0200 - CONDUCT OF REGISTRANTS › Section 40 .0214 - COMPLAINTS; PRELIMINARY DETERMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Complaints may be lodged against any dispensing optician or Board registrant,
				including registered and non-registered businesses, and shall be submitted to
				the Board in writing with complainant's name, address, and contact
				information.
(b) A complaint shall
				be handled initially by the Board's Director, who may recommend to the Board to
				dismiss it as unfounded or trivial.
(c) Unless the complaint is dismissed
				pursuant to Paragraph (b) of this Rule, the Director shall notify the accused
				of the complaint in writing. Correspondence from the Board shall be deemed to
				have been received if mailed to either the home or business address of the
				dispensing optician or Board registrant provided by the individual and shown in
				the records of the Board, or by available public record for non-registered
				businesses. The correspondence shall require a written response within 20 days
				from the date of the Board's notification to the accused.
(d) If the accused does not respond to or
				denies the circumstances and accusations, the Board's Director shall
				investigate the allegations contained in the complaint, and may recommend to
				the Board to dismiss the complaint as unfounded or trivial, or may refer the
				complaint to a Disciplinary Committee for review. The Chair of the Board shall
				appoint a Disciplinary Committee of no less than two licensee Board members,
				who shall hear the Director's initial review of complaints and, if determined
				by the Director to be more than unfounded or trivial, shall hear the complaint,
				evidence and investigative findings and make preliminary determinations and
				recommendations to the Board that one of the following actions be taken:
(1) the charges be dismissed as unfounded or
				trivial;
(2) a Board reprimand be
				issued to the accused, in a case of admission of guilt;
(3) if the accused is willing, a compromise
				be accepted which may include probation, civil penalty, disciplinary action,
				other penalties as permitted in
				G.S.
				90-249.1 or a combination thereof;
				or
(4) the case be presented to the
				Board, excluding Board members on the Disciplinary Committee, for a contested
				case hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0301 - APPLICATION PHOTOGRAPH REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant for licensure or examination must attach to an
				  application form a passport-size photograph of the applicant's face taken
				  within the past six months. Photographs shall be retained as a part of
				  applicants' files for the purpose of identification.
Authority
				  G.S.
				  90-249(a)(6);
Eff. February 1, 1976;
Amended Eff. April 1, 2011; February 1,
				  1989; November 1, 1981; September 6, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0302 - LICENSURE EXAMINATION FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The fee for
				licensure examination participation as set forth in
				G.S.
				90-246 shall be remitted to the Board by
				cash, certified check, or money order. There shall be no prorating of the
				fee.
(b) Licensure examination fees
				shall not be returned due to the withdrawal of the applicant or failure to take
				the examination after the fee has been accepted by the Board. If, during its
				review of an application, the Board determines that information submitted is
				false, misleading, or deceptive, the Board shall deny the application but
				retain any fees paid.
Authority
				  G.S.
				  90-245;
				  90-246;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Amended
				  Eff. September 1, 2012; February 1, 1989; November 1, 1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22, 2018;
Amended Eff.
				  October 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0303 - LICENSURE EXAMINATION AND RE-EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The licensure exam shall consist of Basic and Practical components. An
				optician's license shall not be issued until a passing score has been achieved
				on all components within three years from the date of a passing score having
				been achieved on one component.
(b)
				A candidate who has met the qualifications as defined in
				G.S.
				90-237, and either 90-240 or 90-241(b) shall
				be admitted to a Practical component of the licensure examination upon the
				Board's receipt of an executed application and the examination fee as set out
				in G.S.
				90-246.
(c) The examination shall be administered at
				least twice yearly, at a time and location specified by the Board or any of its
				examination administration agents.
(d) Exam applications obtained by procedures
				outlined in Rule .0104 of this Chapter must be executed and received by the
				Board no later than 60 days prior to the opening of the exam registration
				period specified by the Board or any of its examination administration
				agents.
(e) If, during its review
				of an application, the Board determines that a candidate has participated in a
				Practical exam without first having their qualifications examined by the Board,
				the Board shall deny any passing score obtained by the candidate and require
				subsequent re-examination in the Practical.
(f) A participant who is unsuccessful in
				passing an exam component may retake the failed components upon registration
				and remittance of the examination fee being submitted to the administration
				agent within the deadline specified by the agent.
Authority
				  G.S.
				  90-240;
				  90-249;
				  93B-8;
Eff. February
				  1, 1976;
Amended Eff. September 1, 2012; February 1, 1989; February
				  1, 1988; August 1, 1985; July 1, 1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22, 2018;
Amended Eff.
				  October 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0304 - REPEALED - QUALIFICATIONS FOR LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-234;
				  90-236;
				  90-237;
				  90-249;
Eff. February
				  1, 1976;
Amended Eff. July 1, 1983; November 1, 1981; November 1,
				  1978; September 6, 1977;
Repealed Eff. February 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0305-.0306

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-246;
				  90-249;
Eff. February
				  1, 1976;
Amended Eff. September 6, 1977;
Readopted Eff.
				  September 29, 1977;
Repealed Eff. November 1,
				  1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0307 - REPEALED - TIME AND PLACE OF EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-240;
				  90-241;
Eff. February
				  1, 1976;
Amended Eff. September 6, 1977;
Readopted Eff.
				  September 29, 1977;
Amended Eff. July 1, 1991; February 1, 1989;
				  August 1, 1985; November 1, 1981;
Repealed Eff. September 1,
				  2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0308 - REPEALED - RENEWAL FEES: LATE PENALTY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-249;
Eff. February 1,
				  1976;
Amended Eff. September 6, 1977;
Repealed Eff.
				  November 1, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0309 - REPEALED - TERMS OF RE-EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-249;
Eff. February 1,
				  1976;
Repealed Eff. September 6,
				  1977.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0310 - REPEALED - MISCELLANEOUS FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-249;
Eff. February 1,
				  1976;
Amended Eff. September 6, 1977;
Repealed Eff.
				  November 1, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0311 - REPEALED - CITIZENSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-249;
Eff. February 1,
				  1976;
Repealed Eff. September 6,
				  1977.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0312 - APPROVED SCHOOLS OF OPTICIANRY

Current through Register Vol. 39, No. 2, July 15, 2024
A school of opticianry shall be considered approved by the
				  North Carolina State Board of Opticians if it is accredited by the Commission
				  of Opticianry Accreditation and confers a degree of associate in applied
				  science through an ophthalmic dispensing program.
Authority
				  G.S.
				  90-249;
Eff. February 1,
				  1976;
Amended Eff. February 1, 1989; February 1, 1988; November 1,
				  1981; September 6, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0313 - REPEALED - APPRENTICE TRAINING RESTRICTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-249;
Eff. February 1,
				  1976;
Repealed Eff. September 6,
				  1977.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0314 - APPRENTICESHIP AND INTERNSHIP REQUIREMENTS: REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each trainee entering the apprenticeship
				or internship shall register with the Board providing contact information,
				training establishment wherein training is being served, name of sponsoring
				trainer, and paying fees per
				G.S.
				90-246.
(1)
				The apprenticeship registration fee shall be paid on initial registration and
				on or before June 30 each year for an annual renewal.
(2) The internship registration fee shall be
				paid on initial registration.
(3)
				The work as an apprentice or intern shall be full time, defined as a minimum of
				32 hours per week, under the training sponsorship of a licensed optician,
				ophthalmologist, or optometrist.
(4) Part-time work or work as an optical
				salesman or consultant shall not apply toward completion of apprenticeship or
				internship.
(5) No more than two
				persons, whether apprentices or interns or a combination, may be registered and
				under training sponsorship of any one optician, ophthalmologist, or optometrist
				at the same time.
(6) An apprentice
				or intern shall be credited with training time only from the date of
				registration and fee payment with the Board as an apprentice or intern.
(A) If an apprentice or intern is transferred
				to another business location or another registered trainer, or ceases
				employment with the registered training establishment, the trainer shall
				document to the Board the trainee's beginning and ending dates under their
				training.
(B) An apprentice or
				intern shall be credited by the Board with time documented by a prior trainer
				if the apprentice or intern registers under another trainer within 12 months of
				ending training with a prior trainer.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0315-.0316

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  93B-1 through
				  93B-10;
				  90-234;
				  90-235;
				  90-237 through
				  90-249;
Eff. February
				  1, 1976;
Readopted Eff. September 29, 1977;
Repealed
				  Eff. November 1, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0317 - REPEALED - SCORES OF EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-240;
Eff. November 1,
				  1981;
Repealed Eff. February 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0318 - REPEALED - TERMS OF EXAMINATION AND RE-EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-237;
				  90-240;
				  90-249;
Eff. November
				  1, 1981;
Amended Eff. February 1, 1989;
Repealed Eff.
				  September 1, 2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0319 - APPLICANTS FROM OTHER STATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				applicant seeking licensure in North Carolina under
				G.S.
				90-241(a) shall tender an
				application to the Board as set out in
				21 NCAC
				40 .0104 accompanied by affidavits from two
				employers for whom the applicant worked as an optician for the four years
				immediately preceding the application to the Board, and affidavits from two
				persons who can attest to the moral character of the applicant. In addition,
				the applicant shall furnish affidavits from two licensed refractionists, either
				ophthalmologists or optometrists, for whom the applicant has practiced the
				profession of opticianry in the state in which the applicant claims credit for
				the four years prior to the application. An application under
				G.S.
				90-241(a) shall be filed
				with the Board within 90 days following the termination of the applicant's
				out-of-state opticianry work for which the applicant claims credit.
(b) An applicant seeking admission to an
				examination under
				G.S.
				90-241(b) shall tender an
				application to the Board as set out in
				21 NCAC
				40 .0104 accompanied by affidavits from two
				persons under whom or with whom the applicant worked in the practice of
				opticianry in the other state, either in one or multiple places of business.
				The application and the affidavits shall describe the tasks performed by the
				applicant in the other state and the dates the tasks were performed.
Authority
				  G.S.
				  90-237;
				  90-239;
				  90-241;
				  90-249(12);
Eff. November 1, 1981;
Amended Eff. August 1, 1998; December 1,
				  1994; July 1, 1991; February 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22, 2018;
Amended Eff.
				  December 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0320 - LICENSE RENEWAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board shall send each registrant an application to renew licensure yearly. The
				application, credits for required education as set forth in
				21 NCAC
				40 .0206, and the fee as set forth in
				G.S.
				90-246(3) shall be received
				in the Board office prior to renewal.
(1) The
				application form shall provide the registrant's current address, contact and
				employment information, and an attestation to the Board regarding the
				registrant's histories concerning arrest and conviction, licensure disciplinary
				actions, and civil or administrative court proceedings related to occupational
				licensure or the practice of opticianry.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0321 - TRAINING ESTABLISHMENT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Any North Carolina licensed optician, ophthalmologist, or optometrist as
				provided in
				G.S.
				90-237(4) and
				G.S.
				90-240(a)(2) and (3) who are
				potential trainers for an apprentice or intern to become an optician can
				download an application form from the Board's website at
www.ncopticiansboard.org
. Any
				person not able to download an application form may request that the Board mail
				the materials which the Board will mail to the requesting person.
(1) In completing the application, applicants
				shall provide address and contact information for optical place of business,
				optometry, or ophthalmology office where training will be given, name or names
				of training sponsors and license numbers, and pay registration fees per
				G.S.
				90-246.
(2) The registration fee shall be paid on
				initial registration and on or before June 30 each year for an annual
				renewal.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0322 - REPEALED - TEMPORARY LICENSES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-241;
				  90-249;
				  90-250;
				  90-252;
Eff. November
				  1, 1981;
Repealed Eff. February 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0323 - AFFIDAVIT OF APPLICANT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applicants for
				any Board training, registration, examination, and licensure process shall
				attest to the completeness and accuracy of the information contained in
				applications.
(b) Upon obtaining
				agreement from an applicant, the Board shall conduct a criminal background
				check during review of an applicant as identified in Paragraph (a) of this
				Rule. Application fees are inclusive of costs involved for such investigations,
				and no additional charges shall be assessed against the applicant.
(c) If an applicant submits incomplete,
				false, or misleading information, the Board shall deny the applicant admission
				to examination, apprenticeship, internship, business, or training establishment
				registrations or licensure.
(d) It
				is a violation of
				G.S.
				90-249.1 for any optician shown on a
				registration application to submit incomplete, false, or misleading
				information.
Authority
				  G.S.
				  90-243;
				  90-249;
				  90-249.1;
Eff.
				  November 1, 1981;
Amended Eff. September 1, 2012; February 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22, 2018;
Amended Eff.
				  December 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0324 - CHARACTER; CONVICTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
When any provision of G.S. 90, Article 17, requires an
				  applicant to have good moral character, the applicant shall submit to the Board
				  affidavits of two persons who have been acquainted with the applicant for at
				  least three years immediately preceding the application. The Board shall
				  require applicants for licensure and for license renewals and reinstatements to
				  state whether the applicant has been convicted of a crime.
Authority
				  G.S.
				  90-237(2a);
				  90-239;
				  90-241(a)(2);
				  90-249.1(a)(8);
Eff. August 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0300 - QUALIFICATIONS: APPLICATIONS: AND LICENSING › Section 40 .0325 - LICENSURE FOR MILITARY-TRAINED APPLICANT; LICENSURE FOR MILITARY SPOUSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Licensure for a military-trained
				applicant. Upon receipt of a request for licensure pursuant to
				G.S.
				93B-15.1 from a military-trained applicant,
				the Board shall issue a license to the applicant who satisfies the following
				conditions:
(1) submission of a complete
				application with applicant's name and contact information, and date of
				birth;
(2) providing documentation
				to satisfy conditions set out in
				G.S.
				93B-15.1(a)(1) and (2);
				and
(3) providing documentation
				that the applicant has not committed any act in any jurisdiction that would
				constitute grounds for refusal, suspension, or revocation of a license in North
				Carolina at the time the act was committed.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0400 - ADMINISTRATIVE HEARINGS › Section 40 .0401-.0407

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  1A-1;
				  90-249;
				  150A-23(a);
				  150A-25(a);
				  150A-27;
				  150A-33(5);
150A-43 through 150A-46;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. November 1,
				  1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0400 - ADMINISTRATIVE HEARINGS › Section 40 .0408 - APPLICABLE HEARING RULES

Current through Register Vol. 39, No. 2, July 15, 2024
When the Board elects to have the Office of Administrative
				  Hearings hear a contested case, the Board's rules pertaining to contested case
				  hearings, instead of the rules of the Office of Administrative Hearings, shall
				  apply.
Authority
				  G.S.
				  90-249;
				  150B-38(h);
Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 40 - OPTICIANS › Section .0400 - ADMINISTRATIVE HEARINGS › Section 40 .0409 - RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
When the Board acts or proposes to act, other than in
				  rulemaking or declaratory ruling proceedings, in a manner which will affect the
				  rights, duties, or privileges of a specific, identifiable person, such person
				  has the right to an administrative hearing. When the Board proposes to act in
				  such a manner, it shall give all such affected persons notice of their right to
				  a hearing by mailing to them, by certified mail, at their last known address a
				  notice of the proposed action and a notice of a right to a
				  hearing.
Authority
				  G.S.
				  90-239;
				  150B-11;
				  150B-38;
Eff. May 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 22,
				  2018.