reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0300 - LICENSING › Section 61 .0310 - CIVIL PENALTY PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Citations. The Board, through its duly authorized representatives, shall issue
				a citation with respect to any violation for which a civil penalty may be
				assessed. Each citation shall be in writing and shall describe the nature of
				the violation, including a reference to the specific provision alleged to have
				been violated. The civil penalty, if any, shall attach at the time the citation
				is written. The citation shall include an order to correct any condition or
				violation which lends itself to corrections, as determined by the
				Board.
(b) Correction of Violation.
				Any licensee who has been issued a warning citation must present written proof
				satisfactory to the Board, or its executive director, that the violation has
				been corrected. This provision applies only to a licensee's first violation in
				any one year period for a violation with a first offense warning penalty. Proof
				of correction shall be presented to the Board, through its executive director,
				within 30 days of the date the warning citation was issued. The Board may
				extend for a reasonable period, the time within which to correct the warning
				citation in case of an illness or hospitalization or other exigent
				circumstances. Notices of correction filed after the prescribed date shall not
				be acceptable and the civil penalty shall be paid.
(c) Contested Case. Persons to whom a notice
				of violation or a citation is issued and a civil penalty assessed, may contest
				the civil penalty by filing written notice with the Board within 60 days of the
				receipt of the notice of violation or citation. The Board shall institute a
				contested case by sending a notice of hearing pursuant to G.S. 150B, Article
				3A. The Board shall conduct a contested case hearing pursuant to G.S. 150B,
				Article 3A. The licensee's filing written notice with the Board shall stay the
				civil penalty until the Board renders a final agency decision in the contested
				case.
(d) Final Agency Decision.
				The Board, after the hearing has been concluded, may affirm, reduce, or dismiss
				the charges filed in the notice of hearing or any penalties assessed. In no
				event shall the civil penalty be increased.
(e) Cost of disciplinary action(s).The Board
				shall assess the costs of disciplinary actions against a person found to be in
				violation of the Respiratory Care Practice Act or rules adopted by the
				Board.
(f) Failure to File. If no
				written notice contesting the civil penalty is filed as set forth in Paragraph
				(c) of this Rule, the civil penalty becomes a final agency decision.
Authority
				  G.S.
				  90-666;
Eff. March 1,
				  2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0400 - CONTINUING EDUCATION REQUIREMENTS FOR LICENSE HOLDERS › Section 61 .0401 - CONTINUING EDUCATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Upon application for license renewal, a licensee shall attest to having
				completed one or more of the following learning activity options during the
				preceding renewal cycle and be prepared to submit evidence of completion if
				requested by the Board:
(1) Completion of a
				minimum of 12 hours of Category I Continuing Education (CE) activities related
				to the licensee's practice of respiratory care and approved by the Board, the
				American Association for Respiratory Care (AARC) or the Accreditation Council
				for Continuing Medical Education (ACCME). All courses and programs shall:
				contribute to the advancement, extension and enhancement of professional
				clinical skills and scientific knowledge in the practice of respiratory care;
				provide experiences that contain scientific integrity, relevant subject matter
				and course materials; and be developed and presented by persons with education
				and experience in the subject matter, of the program. Six contact hours shall
				be obtained each reporting year from workshops, panel, seminars, lectures, or
				symposiums that provide for direct interaction between the speakers and the
				participants. "Category I" Continuing Education may include any one of the
				following:
(A) Lecture - a discourse given for
				instruction before an audience or through teleconference;
(B) Panel - a presentation of a number of
				views by several professionals on a given subject with none of the views
				considered a final solution;
(C)
				Workshop - a series of meetings for intensive, hands-on study, or discussion in
				a specific area of interest;
(D)
				Seminar - a directed advanced study or discussion in a specific field of
				interest;
(E) Symposium - a
				conference of more than a single session organized for the purpose of
				discussing a specific subject from various viewpoints and by various
				presenters;
(F) Distance Education
				- a program provided by any print medium or presented through the internet or
				other electronic medium that includes an independently scored test as part of
				the learning package. The licensee shall submit proof of successful completion
				of a test administered as part of the educational program. A maximum of six
				contact hours each reporting year may be obtained from distance education
				programs; and
(G) Clinical
				precepting - is the instruction and evaluation of a respiratory therapy student
				in the clinical setting. Three contact hours may be given for clinical
				precepting.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0500 - GENERAL › Section 61 .0501 - CHANGE OF ADDRESS OR BUSINESS NAME

Current through Register Vol. 39, No. 2, July 15, 2024
All licensees shall notify the Board in writing of each
				  change of name, including any change in the name under which the licensee is
				  providing respiratory care, or any change in the licensee's residence or
				  business address, including mailing address, within 30 days of such
				  change.
Authority
				  G.S.
				  90-652(2);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0500 - GENERAL › Section 61 .0502 - ADVERTISING

Current through Register Vol. 39, No. 2, July 15, 2024
A licensee may not advertise under a name that is different
				  from the licensee's surname unless written notice has been filed with the
				  Board. For all advertisements relating to respiratory care, the company or
				  respiratory care practitioner sponsoring any advertisement must be able to
				  furnish on request the name and license number of each respiratory care
				  practitioner who will be providing services. Failure by a sponsoring
				  respiratory care practitioner to provide this information shall constitute
				  unprofessional conduct under
				  21 NCAC
				  61 .0307. The Board shall report any failure
				  of a company to provide this information to any agency or board that issues a
				  license for its operation as a health care provider.
Authority
				  G.S.
				  90-652(2);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0600 - RULES › Section 61 .0601 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				General. The procedure for petitioning the Board to adopt, amend, or repeal a
				rule is governed by
				G.S.
				150B-20.
(b) Submission. Rule-making petitions shall
				be sent to the Board. No special form is required, but the petitioner shall
				state his name and address. There are no minimum mandatory contents of a
				petition, but the Board considers the following information to be pertinent:
(1) a draft of any proposed rule or amendment
				to a rule;
(2) the reason for the
				proposal;
(3) the effect of the
				proposal on existing rules or decisions;
(4) data supporting the proposed rule
				change;
(5) practices likely to be
				affected by the proposed rule change;
(6) persons likely to be affected by the
				proposed rule change.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0600 - RULES › Section 61 .0602 - PROCEDURE FOR ADOPTION OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General.
				The procedure for the adoption, amendment or repeal of a rule is governed by
				G.S. 150B, Article 2A.
(b) Notice
				of Rule-Making. In addition to the mandatory publication of notice in the North
				Carolina Register, the Board, in its discretion, may also publish notice to
				licensees through its newsletter or by separate mailing. Any person who wishes
				to receive individual notice shall file a written request with the Board and
				shall be responsible for the cost of mailing said notice.
(c) Public Hearing. Any public rule-making
				hearing required by G.S. 150B, Article 2A shall be conducted by the Chairman of
				the Board or by any person he may designate. The presiding officer shall have
				complete control of the hearing and shall conduct the hearing so as to provide
				a reasonable opportunity for any interested person to present views, data and
				comments.
(1) Oral presentations shall not
				exceed 15 minutes unless the presiding officer, in his discretion, prescribes a
				greater time limit.
(2) Written
				presentations shall be acknowledged by the presiding officer and shall be given
				the same consideration as oral presentations.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0600 - RULES › Section 61 .0603 - EXPIRED - TEMPORARY RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-652(2);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Expired Eff. September 1, 2015 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0600 - RULES › Section 61 .0604 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General. The
				issuance of declaratory rulings by the Board is governed by
				G.S.
				150B-4.
(b) Contents of Request. A request for a
				declaratory ruling shall be in writing and addressed to the Board. The request
				shall contain the following information:
(1)
				The name and address of the person making the request;
(2) The statute or rule to which the request
				relates;
(3) A concise statement of
				the manner in which the person has been aggrieved by the statute or rule;
				and
(4) A statement as to whether a
				hearing is desired, and if desired, the reason therefor.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0701 - 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.
				  90-652(2),(5),(8);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0702 - RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
When the Board acts or proposes to act, other than in
				  rule-making or declaratory ruling proceedings, in a manner which will affect
				  the rights, duties, or privileges of a specific, identifiable licensee or
				  applicant for a license, such person has the right to an administrative
				  hearing. When the Board proposes to act in such a manner, it shall give any
				  such affected person notice of the right to a hearing by mailing to the person,
				  by certified mail at the person's last known address, a notice of the proposed
				  action and a notice of a right to a hearing.
Authority
				  G.S.
				  90-652(2),(5),(8);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0703 - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An individual
				who believes that individual's rights, duties, or privileges have been affected
				by the Board's administrative action, and who has not received notice of a
				right to an administrative hearing, may file a formal request for a
				hearing.
(b) Before an individual
				may file a request, that individual is encouraged to exhaust all reasonable
				efforts to resolve the issue informally with the Board. Upon the request of an
				individual, the Board may designate one or more of its members, but in all
				cases less than a majority of the currently serving members of the Board, to
				meet informally with the individual, and attempt to reach an informal
				resolution of all matters at issue. Each Board member who is designated to
				serve in this capacity with regard to an individual's matter, whether the Board
				member actually meets with the individual or not, shall be disqualified from
				hearing any contested case when the matter designated for informal resolution
				is any part of the subject matter of the contested case.
(c) Subsequent to such informal action, if
				still dissatisfied, the individual may submit a request to the Board's office,
				with the request bearing the notation: "REQUEST FOR ADMINISTRATIVE HEARING".
				The request shall contain the following information:
(1) name and address of the
				petitioner;
(2) a concise statement
				of the action taken by the Board which is challenged;
(3) a concise statement of the way in which
				the petitioner has been aggrieved; and
(4) clear and specific statement of request
				for a hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0704 - GRANTING OR DENYING HEARING REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board
				shall grant a request for a hearing if it determines that the party requesting
				the hearing is a "person aggrieved" within the meaning of
				G.S.
				150B-2(6). Whenever the
				Board proposes to deny, suspend, or revoke a license, or issue a letter of
				reprimand to a licensee, the licensee shall be deemed to be a person
				aggrieved.
(b) The denial of a
				request for a hearing shall be issued immediately upon decision, and in no case
				later than 60 days after the submission of the reasons leading the Board to
				deny the request.
(c) Approval of a
				request for a hearing shall be signified by issuing a notice as required by
				G.S.
				150B-38(b) and explained in
				Rule .0705 of this Section.
Authority
				  G.S.
				  90-652(2),(5),(8);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0705 - NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				give the party or parties in a contested case a notice of hearing not less than
				15 days before the hearing. Said notice shall contain the following
				information, in addition to the items specified in
				G.S.
				150B-38(b):
(1) the name, position, address, and
				telephone number of a person at the offices of the Board to contact for further
				information or discussion;
(2) the
				date, time and place for a pre-hearing conference, if any; and
(3) any other information deemed relevant to
				informing the parties as to the procedure of the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0706 - CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				administrative hearings shall be conducted by the Board, a panel consisting of
				a majority of the members of the Board then serving, or an administrative law
				judge designated to hear the case pursuant to
				G.S.
				150B-40(e).
(b) The hearing of a contested case shall
				commence no later than 90 days from the date the Board grants a request for a
				hearing, unless the licensee and the Board together shall jointly agree to
				extend this deadline.
Authority
				  G.S.
				  90-652(2),(5),(8);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0707 - PREHEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
The Board and the other party or parties may agree in advance
				  to simplify the hearing by decreasing the number of issues to be contested at
				  the hearing, accepting the validity of certain proposed evidence, accepting the
				  findings in some other case with relevance to the case at hand, or agreeing to
				  such other matters as may expedite the hearing.
Authority
				  G.S.
				  90-652(2),(5),(8);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0708 - PETITION FOR INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				person desiring to intervene in a contested case must file a written petition
				with the Board's office. The request shall bear the notation: "PETITION TO
				INTERVENE IN THE CASE OF (name of case)".
(b) The petition must include the following
				information:
(1) the name and address of
				petitioner;
(2) the business or
				occupation of petitioner, where relevant;
(3) a full identification of the hearing in
				which petitioner is seeking to intervene;
(4) the statutory or non-statutory grounds
				for intervention;
(5) any claim or
				defense in respect of which intervention is sought; and
(6) a summary of the arguments or evidence
				petitioner seeks to present.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0709 - TYPES OF INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Intervention of
				Right. A petition to intervene as of right, as provided in the North Carolina
				Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the
				criteria of that rule and the petition is timely.
(b) Permissive Intervention. A petition to
				intervene permissively, as provided in the North Carolina Rules of Civil
				Procedure, Rule 24, will be granted if the petitioner meets the criteria of
				that rule and the Board determines that:
(1)
				There is sufficient legal or factual similarity between the petitioner's
				claimed rights, privileges, or duties and those of the parties to the hearings;
				and
(2) Permitting intervention by
				the petitioner as a party would aid the purpose of the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0712 - WITNESSES

Current through Register Vol. 39, No. 2, July 15, 2024
Any party may be a witness and may present witnesses on the
				  party's behalf at the hearing. All oral testimony at the hearing shall be under
				  oath or affirmation and shall be recorded. At the request of a party or upon
				  the Board's own motion, the presiding officer may exclude witnesses other than
				  the Licensee from the hearing room until the time they are called to testify,
				  so that they cannot hear the testimony of other witnesses before testifying
				  themselves.
Authority
				  G.S.
				  90-652(2),(5),(8);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0713 - FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
In all cases heard by the Board, the Board shall issue its
				  decision within 120 days after its next regularly scheduled meeting following
				  the close of the hearing. The decision will be the "final agency decision" for
				  the right to judicial review. To obtain judicial review, the person seeking
				  review must file a petition with the court in accordance with the provisions of
				  G.S.
				  150B-45.
Authority
				  G.S.
				  90-652(2),(5),(8);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0714 - PROPOSALS FOR DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an
				administrative law judge conducts a hearing pursuant to
				G.S.
				150B-40(e), a "proposal for
				decision" shall be rendered pursuant to the Rules of the Office of
				Administrative Hearings,
				26 NCAC
				03 .0126. The parties may file written
				exceptions to this "proposal for decision" and submit their own proposed
				findings of fact and conclusions of law. The exceptions and alternative
				proposals must be filed within 10 days after the party has received the
				"proposal for decision" as drafted by the administrative law judge.
(b) Any exceptions to the procedure during
				the hearing, the handling of the hearing by the administrative law judge,
				rulings on evidence, or any other matter must be written and refer specifically
				to pages of the record or otherwise precisely identify the occurrence to which
				exception is taken. The exceptions must be filed with the Board within 10 days
				of the receipt of the proposal for decision. The written exceptions shall bear
				the notation: "EXCEPTIONS TO THE PROCEEDINGS IN THE CASE OF (name of
				case)".
(c) Any party may present
				oral argument to the Board upon request. The request must be included with the
				written exceptions.
(d) Upon
				receipt of request for further oral argument, notice shall be issued promptly
				to all parties designating the time and place for such oral argument.
(e) Giving due consideration to the proposal
				for decision and the exceptions and arguments of the parties, the Board may
				adopt the proposal for decision or may modify it as the Board deems necessary.
				The decision rendered shall be a part of the record and a copy thereof given to
				all parties. The decision as adopted or modified becomes the "final agency
				decision" for the right to judicial review. Said decision shall be rendered by
				the Board within 60 days of the next regularly scheduled meeting following the
				oral arguments, if any. If there are no oral arguments presented, the decision
				shall be rendered within 60 days of the next regularly scheduled Board meeting
				following receipt of the written exceptions.
Authority
				  G.S.
				  90-652(2),(5),(8);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0900 - NATIONAL EMERGENCY RESPONSE WAIVERS FOR CERTAIN RULES › Section 61 .0901 - RULE WAIVERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the Governor
				declares a state of emergency issued under
				G.S.
				166A-19.3(19), the Board may
				waive the following provisions in its rules:
(1) The requirement for licensure set forth
				in 21
				NCAC 61 .0201(a)(4) that
				requires each applicant for an initial license to provide a copy of current
				certification in Basic Life Support (BLS);
(2) The requirement for licensure set forth
				in 21
				NCAC 61 .0201(b)(1) that
				states that for applicants who have not practiced respiratory care for a period
				of time greater than one year, but less than five years, the applicant must
				provide evidence of 12 hours of continuing education, that meet the
				requirements of
				21 NCAC
				61 .0401, for each full year of
				inactivity;
(3) The requirement for
				licensure set forth in
				21 NCAC
				61 .0204(a)(4) that requires
				following the late renewal of any license, an additional late fee of
				seventy-five dollars ($75.00);
(4)
				The requirement for licensure set forth in
				21 NCAC
				61 .0302(c) that requires
				each applicant for renewal to provide proof of completion of continuing
				education requirements as established in this Chapter;
(5) The requirement for licensure set forth
				in 21
				NCAC 61 .0302(e) that
				requires each applicant for renewal to provide a copy of current certification
				in Basic Life Support (BLS);
(6)
				The requirement for licensure set forth in
				21 NCAC
				61 .0302(f) that requires
				licenses lapsed in excess of 24 months shall not be renewable;
(7) The requirement for licensure set forth
				in 21
				NCAC 61 .0302(e) that
				requires an individual licensed on inactive status to convert his or her
				license to active status by payment of the renewal fee and late fee and provide
				evidence of the completion of a minimum of 12 hours of continuing education
				that meets the requirements of
				21 NCAC
				61 .0401 for each full year of
				inactivity;
(8) The requirement for
				licensure set forth in
				21 NCAC
				61 .0401(a) for continuing
				education requirements;
(9) The
				requirement for licensure set forth in
				21 NCAC
				61 .0401(e) that requires a
				licensee to be subjected to a random audit for proof of compliance with the
				Board's requirements for continuing education; and
(10) The requirement for licensure set forth
				in 21
				NCAC 61 .0401(f) that
				requires continuing education audits be submitted to the Board no later than 30
				days of receipt of the audit notice.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0100 - RULES OF ORGANIZATION › Section 62 .0101 - REPEALED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-1;
				  90A-2;
Eff. February
				  1, 1976;
Readopted Eff. December 22, 1978;
Amended Eff.
				  February 1, 1983;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0100 - RULES OF ORGANIZATION › Section 62 .0102 - MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to a required annual meeting in the City of
				  Raleigh, additional meetings of the Board may be called by the Chairman at any
				  time and place he may designate.
Authority
				  G.S.
				  90A-57;
Eff. February 1,
				  1976;
Readopted Eff. December 22, 1978;
Amended Eff.
				  April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 13,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0100 - RULES OF ORGANIZATION › Section 62 .0103 - CHAIR AND VICE-CHAIR

Current through Register Vol. 39, No. 2, July 15, 2024
The Chair of the Board shall carry out the following duties
				  and responsibilities:
(1) call all
				meetings;
(2) be authorized to act
				as the sole official representative for the Board to communications media and
				may direct the secretary-treasurer or another member to impart specific
				information concerning official actions or policies of the Board.
Authority
				  G.S.
				  90A-57;
Eff. February 1,
				  1976;
Readopted Eff. December 22, 1978;
Amended Eff.
				  November 1, 1994; April 1, 1989; February 1, 1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 13,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0100 - RULES OF ORGANIZATION › Section 62 .0104 - REPEALED - SECRETARY-TREASURER

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-57;
Eff. February 1,
				  1976;
Readopted Eff. December 22, 1978;
Amended Eff.
				  November 1, 1994; April 1, 1989; February 1, 1983;
Repealed Eff.
				  July 1, 2010.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0200 - RULEMAKING PROCEDURES › Section 62 .0201 - PETITION FOR RULEMAKING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				wishing to submit a petition requesting the adoption, amendment or repeal of a
				rule by the Board shall submit the petition in writing to: Chair, State Board
				of Environmental Health Specialist Examiners, c/o Division of Environmental
				Health, 1630 Mail Service Center, Raleigh, North Carolina 27699-1630.
(b) The petition shall be filed in accordance
				with G.S. 150B-20 and shall also
				contain the following:
(1) reason for
				proposal;
(2) any data supporting
				the proposal;
(3) effect of the
				proposed rule on existing practices in the area involved, including cost
				factors;
(4) names and addresses of
				those individual and groups most likely to be affected by the proposed rule
				change; and
(5) name and address of
				each petitioner.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0200 - RULEMAKING PROCEDURES › Section 62 .0202-.0206

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  12-3.1;
				  90A-57;
Eff. February
				  1, 1976;
Readopted Eff. December 22, 1978;
Amended Eff.
				  November 1, 1994; April 1, 1989;
Repealed Eff. July 1,
				  2010.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0200 - RULEMAKING PROCEDURES › Section 62 .0207 - REPEALED - EMERGENCY RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-4;
				  150A-13;
Eff.
				  February 1, 1976;
Readopted Eff. December 22, 1978;
Repealed Eff. April 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0200 - RULEMAKING PROCEDURES › Section 62 .0208 - REPEALED - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-57;
				  150B-4;
Eff.
				  February 1, 1976;
Readopted Eff. December 22, 1978;
Amended Eff. November 1, 1994; April 1, 1989;
Repealed Eff. July 1,
				  2010.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0300 - CONTESTED CASES › Section 62 .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-57;
Eff. February 1,
				  1976;
Readopted Eff. December 22, 1978;
Amended Eff.
				  November 1, 1994; April 1, 1989;
Repealed Eff. July 1,
				  2010.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0300 - CONTESTED CASES › Section 62 .0303-.0304

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-4;
				  150A-31;
				  150A-12;
				  150A-2;
				  150A-23;
Eff.
				  February 1, 1976;
Repealed Eff. December 22,
				  1978.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0300 - CONTESTED CASES › Section 62 .0305-.0310

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-4;
				  90A-57;
				  150B-38;
				  150B-40(a);
Eff. February 1, 1976;
Readopted Eff. December 22,
				  1978;
Amended Eff. November 1, 1994; April 1, 1989;
Repealed Eff. July 1, 2010.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0300 - CONTESTED CASES › Section 62 .0311-.0313

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-4;
				  150A-25;
				  150B-28;
Eff.
				  February 1, 1976;
Readopted Eff. December 22, 1978;
Repealed Eff. April 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0300 - CONTESTED CASES › Section 62 .0314-.0317

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-57;
Eff. February 1,
				  1976;
Readopted Eff. December 22, 1978;
Amended Eff.
				  November 1, 1994; January 1, 1990; April 1, 1989;
Repealed Eff.
				  July 1, 2010.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0300 - CONTESTED CASES › Section 62 .0318 - REPEALED - PROPOSAL FOR DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150A-34;
				  90A-4;
Eff. February
				  1, 1976;
Readopted Eff. December 22, 1978;
Repealed
				  Eff. April 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0300 - CONTESTED CASES › Section 62 .0319 - REPEALED - RECORD OF CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-57;
Eff. February 1,
				  1976;
Readopted Eff. December 22, 1978;
Amended Eff.
				  November 1, 1994; January 1, 1990; April 1, 1989;
Repealed Eff.
				  July 1, 2010.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0401 - STATUTORY AUTHORITY AND DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The definitions in
				  G.S.
				  90A-51 apply to rules in this
				  Chapter.
Authority
				  G.S.
				  90A-51;
				  90A-57;
Eff. February
				  1, 1976;
Readopted Eff. December 22, 1978;
Amended Eff.
				  July 1, 2010; April 1, 1989; February 1, 1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 13,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0402 - APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications
				for registration as an environmental health specialist or environmental health
				specialist intern shall be filed with the Board on a form provided by the Board
				and available on the Board website at: www.rsboard.com or from the Division of
				Environmental Health, 1630 Mail Service Center, Raleigh, NC
				27699-1630.
(b) The application
				form shall be signed by the applicant and shall contain biographical data on
				the applicant including education, experience, duties, and prior registration
				necessary to determine the applicant's qualifications for registration. The
				application shall also be accompanied by the following:
(1) a certified transcript sent directly to
				the Board from the educational institution from which the applicant has
				received a degree;
(2) certified
				transcripts from all other educational institutions from which the applicant
				has earned science credits used to comply with
				G.S.
				90A-53;
(3) the job description signed by the
				applicant's supervisor;
(4)
				statement from the applicant's employer verifying dates of employment,
				and
(5) a signed Code of
				Ethics.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0403 - EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				schedule an examination at least two times annually. An applicant for a
				certificate as a registered environmental health specialist shall pass the
				examination which consists of the following:
(1) an objective written examination,
				designed to test the applicant's competence in the subject of environmental
				health;
(2) an oral examination
				prepared, administered and evaluated by the Board; and
(3) a written question prepared, administered
				and evaluated by the Board.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0404 - INVESTIGATION OF COMPLAINTS DISCIPLINARY ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
A complaint filed with the Board shall be handled as
				  follows:
(1) A complaint made to the
				Board shall be in writing.
(2) The
				Chair shall appoint two board members to investigate a complaint which may lead
				to disciplinary action regarding a registered environmental health specialist
				or registered environmental health specialist intern. An investigation may also
				be performed by a person hired by the Board to conduct the
				investigation.
(3) Disciplinary
				action taken by the Board may include:
(a)
				Suspension
(b) Revocation
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0405 - AUTHORIZED EXPENDITURES AND FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				following fees apply:
(1) application for
				registration of environmental health specialist--$50.00;
(2) examination--actual cost of the
				environmental health specialist exam purchased by the Board. The cost of the
				examination on July 1, 2010 is one hundred fifteen dollars ($115.00) or one
				hundred twenty-five dollars ($125.00) depending on the number of applicants for
				the examination;
(3) an
				administration fee of fifty dollars ($50.00) for each examination application
				received:
(4) issuance of a
				certificate as provided in
				G.S.
				90A-62--$50.00; and
(5) annual renewal postmarked prior to
				January 1 of the year--$50.00; postmarked January 1 or later--$75.00.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0406 - OUT-OF-STATE APPLICANTS

Current through Register Vol. 39, No. 2, July 15, 2024
An out-of-state applicant shall include an official statement
				  by the Board of registration in the applicant's state testifying to the
				  applicant's registration status.
Authority
				  G.S.
				  90A-57;
				  90A-62;
Eff. February
				  1, 1976;
Readopted Eff. December 22, 1978;
Amended Eff.
				  April 1, 1989; February 1, 1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 13,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0407 - RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications
				for renewal shall be filed with the Board on a form provided by the Board and
				available from the Board website at: www.rsboard.com or from the Division of
				Public Health, 1931 Mail Service Center, Raleigh, NC 27699- 1931. The renewal
				application shall be available by October 1 of each year. The renewal form may
				also be generated by the Registered Sanitarian Training and Authorization
				(RSTAS) computer system at:
https://rstas.dhhs.state.nc.us/
.The
				renewal application shall include the following information:
(1) registrant's name, REHS/REHSI number,
				home address, telephone, email;
(2)
				registrant's employer name, address, telephone, email, position
				title;
(3) continuing education
				completed by registrant in current year by course number, date, contact hours
				attended; and
(4) information
				regarding their completion of NC Public Health Law in accordance with Paragraph
				(e) of this Rule.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0408 - REPEALED - PUBLIC INSPECTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-57;
Eff. February 1,
				  1976;
Readopted Eff. December 22, 1978;
Amended Eff.
				  November 1, 1994; April 1, 1989;
Repealed Eff. July 1,
				  2010.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0409-.0410

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-53;
				  90A-57;
Eff. February
				  1, 1983;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0411 - SPECIALIZED TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
Every applicant for registration as a registered
				  environmental health specialist intern shall complete the course entitled
				  "Orientation and Initial Internship Training for Environmental Health Interns"
				  offered by the Division of Public Health at the centralized training site
				  within 18 months of registration as a registered environmental health
				  specialist intern.
Authority
				  G.S.
				  90A-50;
				  90A-51;
				  90A-53;
				  90A-57;
Eff. February
				  1, 1983;
Amended Eff. July 1, 2010; November 1, 1994; May 1,
				  1990;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 13, 2015;
Emergency
				  Amendment Eff. April 28, 2020;
Temporary Amendment Eff. June 26,
				  2020;
Amended Eff. July 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0412 - REPEALED - EXPERIENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-53;
				  90A-57;
Eff. February
				  1, 1983;
Repealed Eff. November 1,
				  1994.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0413 - REPEALED - SANITARIAN INTERN

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90A-54;
				  90A-63;
Eff. February
				  1, 1983;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0414 - ENVIRONMENTAL HEALTH SPECIALIST INTERN EXPERIENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Every applicant for registration as an environmental health
				  specialist intern shall be under the direction of a registered environmental
				  health specialist in order to obtain acceptable environmental health field
				  experience required to be a registered environmental health
				  specialist.
Authority
				  G.S.
				  90A-50;
				  90A-51;
				  90A-52;
				  90A-53;
				  90A-63;
Eff. November
				  1, 1994;
Amended Eff. July 1, 2010;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 13,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 62 - ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS › Section .0400 - RULES OF OPERATION › Section 62 .0415 - CODE OF ETHICS

Current through Register Vol. 39, No. 2, July 15, 2024
The Board hereby incorporates by reference the code of ethics
				  adopted by the Environmental Health Section of the North Carolina Public Health
				  Association on September 30, 2009 as the professional code to be followed by
				  registered environmental health specialists and environmental health specialist
				  interns. This incorporation does include subsequent amendments and editions.
				  Copies may be obtained from the Board at no charge. The canons in the code of
				  ethics are part of the registration application.
Authority
				  G.S.
				  90A-53;
				  90A-67;
Eff. July 1,
				  2010;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 13,
				  2015.