reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0400 - CONTINUING EDUCATION › Section 21 .0403 - INTRODUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
Beginning July 1, 2017 and before July 1, 2018, each person
				  holding an active geology license shall complete 12 hours of continuing
				  professional education relating to geology as a condition for licensure
				  renewal.
Authority
				  G.S.
				  89E-4;
				  89E-5;
Eff. June 1,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0400 - CONTINUING EDUCATION › Section 21 .0404 - REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				application for renewal shall include information, attested to by the licensee
				under penalty of perjury on a form provided by the Board and available on the
				Board's website, establishing that the licensee has completed the minimum
				required contact hours of approved continuing education, and shall state the
				following information:
(1) the licensee's
				name;
(2) the licensee
				number;
(3) the licensee contact
				information;
(4) the name of entity
				providing continuing education;
(5)
				a description of continuing education taken;
(6) the dates and hours the licensee
				participated in continuing education; and
(7) the amount of continuing education credit
				claimed.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0400 - CONTINUING EDUCATION › Section 21 .0405 - DETERMINATION OF CREDIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				review all information provided by the licensee on the form required by Rule
				.0404(a) of this Section as part of the annual license renewal. The Board may
				request additional information from the licensee as required to verify the
				continuing education earned.
(b)
				The Board shall determine the amount of continuing education credit earned by
				each licensee, based on materials submitted. The Board determination of credit
				shall consider the following factors:
(1) the
				relevance of course material to the practice of geology, and
(2) the number of credit hours
				requested.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0400 - CONTINUING EDUCATION › Section 21 .0406 - RECORDKEEPING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Records
				substantiating Board-approved continuing education activities shall include the
				following:
(1) a log that shows the type of
				activity claimed; title or specific subject; the name of the organization that
				provided the continuing education; the location, duration, date, and
				instructor's or speaker's name; credit hours earned; and other information on a
				form as prescribed by the Board;
(2) copies of registration receipts and
				brochures identifying the continuing-education activities attended by the
				licensee;
(3) attendance
				verification records in the form of completion certificates; and
(4) other documents that support evidence of
				attendance.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0400 - CONTINUING EDUCATION › Section 21 .0407 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
A licensee is exempt from the annual continuing education
				  requirements as long as any of the following exceptions apply:
(1) New licensees by way of examination shall
				be required to show proof of 12 hours of continuing education when his or her
				geology license is renewed for the second time.
(2) New licensees by way of comity shall show
				proof of 12 hours of continuing education the first time his or her North
				Carolina license is renewed.
(3) If
				currently licensed by and in good standing (license is not surrendered,
				suspended, or revoked) with the Board, a licensee who is serving on active duty
				as a member of the armed forces of the United States and who is eligible for an
				extension of time to file a tax return pursuant to
				G.S.
				105-249.2 may request a waiver of the
				mandatory continuing education requirements for the time period disregarded
				pursuant to the Internal Revenue Code,
				26 U.S.C.
				7508, as follows:
(a) The licensee shall notify the Board of
				eligibility before the current license expires. Upon such notification, the
				Board shall maintain the license in active status through the extension
				period.
(b) If the licensee fails
				to notify the Board of eligibility for the extension period before the current
				license expires, upon receipt and acceptance of a renewal application within
				the extension period and presentation of proof that the licensee was eligible
				on the date that is the deadline for renewal, the expired license or
				registration shall be deemed retroactively to have not expired.
(c) The licensee who submits a renewal
				application within the extension period shall not be deemed to hold a lapsed
				license subject to reinstatement fees.
(d) The licensee may renew the license within
				the extension period despite failing to complete the specified continuing
				education requirements.
(e) A
				licensee shall provide proof of eligibility for the extension period when the
				licensee or registrant submits the renewal application, which shall include:
(i) a copy of military orders denoting the
				respective active duty period; or
(ii) a copy of form DD-214 denoting each
				respective active duty period.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0501 - FILING OF CHARGES AND DISCIPLINARY ACTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				person may file a complaint with the Board against a geologist for disciplinary
				action based on a violation of G.S. 89E or of these Rules on a form provided by
				the Board. This form is on the Board's website at www.ncblg.org and may be
				requested from the Board. The complainant shall provide the following
				information:
(1) the name and contact
				information of the person making the complaint;
(2) the name and contact information of
				persons with information about the incident leading to the complaint;
(3) information regarding the complaint, such
				as the address where work was performed, a description of the work performed,
				and the specific plan, survey, or report documenting the work performed;
				and
(4) the statute or rule which
				was allegedly violated.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0502 - REPRIMAND

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If evidence of
				a violation is found, but it is determined that a disciplinary hearing is not
				warranted, the Board may issue a reprimand to the accused party. A record of
				such reprimand shall be mailed to the accused party, and within 15 days after
				receipt of the reprimand the accused party may refuse the reprimand and request
				that a hearing be held pursuant to G.S. 150B. Such refusal and request shall be
				addressed to the Board and filed with the Executive Director of the
				Board.
(b) Upon timely filing of a
				notice refusing the reprimand and requesting a hearing, the Board shall
				determine whether the Board shall conduct the evidentiary hearing or whether it
				shall refer the matter to the Office of Administrative Hearings for designation
				of an administrative law judge to conduct the hearing. If the Board elects to
				conduct the hearing, the legal counsel for the Board shall prepare and file a
				Notice of Hearing.
(c) If the
				Letter of Reprimand is accepted, a copy of the reprimand shall be maintained in
				the office of the Board. If a party receiving a reprimand wishes to file a
				letter rebutting his or her reprimand, he or she may in writing waive his or
				her right to hearing and submit a letter of rebuttal to be placed in his or her
				file.
Authority
				  G.S.
				  89E-5;
				  89E-19;
				  89E-20;
Eff. February
				  1, 1986;
Amended Eff April 1, 1989;
Temporary Amendment
				  Eff. November 24, 1999;
Amended Eff. April 1, 2003; August 1,
				  2000;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16, 2014;
Amended Eff.
				  June 1, 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0503-.0504

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89E-5;
				  89E-20;
				  150B-38;
Eff.
				  February 1, 1986;
Amended Eff. April 1, 1989;
Repealed
				  Eff. April 1, 2003.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0505 - RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
When the Board initiates a disciplinary action that affects
				  or may affect a licensee pursuant to Sections .0500 and .0600 of this Chapter,
				  the Board shall give, by certified mail to each affected licensee at his or her
				  last known address, a notice of the proposed action and of his or her right to
				  a hearing.
Authority
				  G.S.
				  89E-20;
				  150B-11;
				  150B-38;
Eff.
				  February 1, 1986;
Amended Eff. April 1, 1989;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16, 2014;
Amended Eff.
				  June 1, 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0506 - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an
				individual believes his or her rights, duties, or privileges have been or may
				be affected by the Board's administrative action, but has not received notice
				of a right to an administrative hearing, he or she may file a request for a
				hearing.
(b) The request shall bear
				the notation: RE: REQUEST FOR ADMINISTRATIVE HEARING. That 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) a clear and specific request for a
				hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0507 - GRANTING OR DENYING HEARING REQUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board will 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).
(b) The denial of a request for a hearing
				will be issued immediately upon decision, and in no case later than 60 days
				after the submission of the request. Such denial shall contain a statement of
				the reasons leading the Board to deny the request.
(c) Approval of a request for a hearing will
				be signified by issuing a notice as required by
				G.S.
				150B-38(b).
Authority
				  G.S.
				  89E-20;
				  150B-11;
				  150B-38;
Eff.
				  February 1, 1986;
Amended Eff. April 1, 1989;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0508 - NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition to
				the items specified in
				General
				Statutes 150B-38(b) to be
				included in the notice, notices of administrative hearings of the Board:
(1) shall give the name, position, address
				and telephone number of a person in the Board office to contact for further
				information or discussion;
(2) may
				give notice of the date, time, and place for a prehearing conference, if any;
				and
(3) may include any other
				information deemed relevant to informing the party or parties as to the
				procedure of the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0509 - REPEALED - NO EX PARTE COMMUNICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89E-20;
				  150B-35;
Eff.
				  February 1, 1986;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0510 - 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. The request should bear the notation: RE PETITION TO INTERVENE
				IN THE CASE OF (name of case).
(b)
				The petition must contain the information specified in Rule 24 of the North
				Carolina Rules of Civil Procedure.
(c) If the Board determines to allow
				intervention, notice of that decision will be issued promptly to all parties
				and to the petitioner.
(d) If the
				Board denies intervention, the petitioner will be notified promptly. Such
				notice will be in writing, will state the reasons for the decision, and will be
				issued to the petitioner and all parties.
Authority
				  G.S.
				  89E-20;
				  150B-38;
Eff.
				  February 1, 1986;
Amended Eff. April 1, 1989;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0511 - TYPES OF INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall allow intervention as provided by Rule 24 of
				  the North Carolina Rules of Civil Procedure.
Authority
				  G.S.
				  89E-20;
				  150B-38;
Eff.
				  February 1, 1986;
Amended Eff. April 1, 1989;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16, 2014;
Amended Eff.
				  June 1, 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0512 - REPEALED - HEARING OFFICERS: DESIGNATION: POWERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89E-20;
				  150B-32;
				  150B-33;
Eff.
				  February 1, 1986;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0513 - DISQUALIFICATION OF BOARD MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Self-disqualification. If for any reason a Board member determines that
				personal bias or other factors render him or her unable to participate in a
				contested case hearing and perform all duties in an impartial manner, he or she
				shall submit, in writing, to the Board, his or her disqualification and the
				reasons.
(b) Petition for
				Disqualification. If for any reason any party in a contested case believes that
				a Board member is personally biased or otherwise unable to participate in a
				contested case hearing and perform all duties in an impartial manner, the party
				may file a sworn, notarized affidavit with the Board. The title of such
				affidavit shall bear the notation: AFFIDAVIT OF DISQUALIFICATION OF BOARD
				MEMBER IN THE CASE OF [name of case].
(c) Contents of Affidavit. The affidavit
				shall state all facts the party deems relevant to the disqualification of the
				Board member.
(d) Timeliness and
				Effect of Affidavit. An affidavit of disqualification shall be considered
				timely if filed ten days before the commencement of the hearing or at the first
				opportunity after the party becomes aware of facts set forth in the affidavit.
				Where a petition for disqualification is filed less than ten days before or
				during the course of a hearing, the hearing shall continue with the challenged
				Board member sitting. Petitioner shall have the opportunity to present evidence
				supporting his or her petition, and the petition and any evidence relative
				thereto presented at the hearing shall be made a part of the record. The Board,
				before rendering its decision, shall decide whether the evidence justifies
				disqualification. In the event of disqualification, the disqualified member
				shall not participate in further deliberation or decision of the
				case.
(e) Procedure for Determining
				Disqualification:
(1) the Board shall appoint
				a Board member to investigate the allegations of the affidavit;
(2) the investigator shall report to the
				Board the findings of the investigation;
(3) the Board shall decide whether to
				disqualify the challenged individual;
(4) the person whose disqualification is to
				be determined shall not participate in the decision but may be called upon to
				furnish information to the other members of the Board;
(5) when a Board member is disqualified prior
				to the commencement of the hearing or after the hearing has begun, such hearing
				shall continue with the remaining members sitting provided that the remaining
				members still constitute a majority of the Board; and
(6) if three or more members of the Board are
				disqualified pursuant to this Rule, the Board shall petition the Office of
				Administrative Hearings to appoint an administrative law judge to hear the
				contested case pursuant to
				G.S.
				150B-40(e).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0500 - DISCIPLINARY ACTION AND PROCEDURE › Section 21 .0514 - INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Complaints
				received by the Board which are determined to be within the jurisdiction of the
				Board following review by the Board Chair, the Executive Director, and the
				Board's Counsel and to provide the information required by Rule .0501 of this
				Section shall be forwarded to an investigator for further inquiry as to whether
				the acts or omissions alleged violate the provisions of G.S. 89E, the Board's
				Rules of Professional Conduct, or any other rules of this Chapter. The Board's
				Executive Director shall notify the licensee or corporate registrant of the
				complaint that:
(1) the licensee or corporate
				registrant has a duty to cooperate fully with the investigation by the Board;
				and
(2) the licensee or corporate
				registrant may submit a written response to the complaint.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 21 .0601 - 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 from the
				  hearing room so that they cannot hear the testimony of other
				  witnesses.
Authority
				  G.S.
				  89E-20;
				  150B-11;
				  150B-25(a);
				  150B-38;
				  150B-40;
Eff.
				  February 1, 1986;
Amended Eff. April 1, 1989;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 21 .0602 - SIMPLIFICATION OF ISSUES

Current through Register Vol. 39, No. 2, July 15, 2024
The parties to a contested case, specifically including the
				  Board, may agree in advance to simplify the hearing by: decreasing the number
				  of the 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.
				  89E-20;
				  150B-11;
				  150B-41;
Eff.
				  February 1, 1986;
Amended Eff. April 1, 1989;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 21 .0604 - FINAL DECISIONS IN ADMINISTRATIVE HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				all cases heard by the Board, the Board shall issue its decision after its next
				regularly scheduled meeting following the close of the hearing, but no later
				than 120 days after the close of the hearing as required by
				G.S.
				150B-44.
(b) In all cases where a request for hearing
				is granted by the Board, but the case has been referred to the Office of
				Administrative Hearings for designation of an administrative law judge to
				conduct the hearing, the Board will issue its decision within 60 days after its
				next regularly scheduled meeting following receipt of the proposal for
				decision, hearing transcript, and other evidence submitted or offered as proof
				at the hearing conducted by the administrative law judge.
(c) The time for issuing a final agency
				decision may be extended by agreement of the parties.
Authority
				  G.S.
				  89-5;
				  89E-20;
				  150B-38;
				  150B-40;
				  150B-42;
				  150B-44;
Eff.
				  February 1, 1986;
Amended Eff. April 1, 2003; April 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 21 .0606 - ORAL ARGUMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The parties
				shall be notified of the date, time and place of oral argument before the Board
				(if held separately from an evidentiary hearing). Oral argument in all cases
				shall be limited to 15 minutes per presentation, unless prior approval is
				obtained. Such arguments shall be based solely on the information contained in
				the record as compiled by the Board or as submitted to the Board by the Office
				of Administrative Hearings. If a party fails to appear after receiving notice
				of the time for oral argument, the Board may proceed to issue a decision in the
				absence of the party.
(b) If the
				evidentiary hearing was conducted by an administrative law judge, the party
				which did not prevail before the administrative law judge is entitled to make
				the first oral argument and to present a rebuttal. If both parties are seeking
				changes in the administrative law judge's recommended decision, both parties
				may present a rebuttal and the party with the burden of proof shall make the
				first oral argument and the first rebuttal.
(c) If the oral argument is part of an
				evidentiary hearing conducted by the Board, the attorney representing the Board
				may make the first oral argument and present a rebuttal.
Authority
				  G.S.
				  89E-5;
				  89E-20;
				  150B-38;
				  150B-40;
Eff. April
				  1, 2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 21 .0607 - EXTENSION OF TIME; NOTIFICATION OF FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				An extension of time to take any action required by these Rules may be granted
				by the Board after considering the following circumstances:
(1) the age of the case;
(2) whether the circumstances necessitating
				the extension are outside of the control of the moving parties;
(3) whether the moving parties have
				previously received an extension of time;
(4) the potential prejudice, inconvenience,
				or other harm to any party; and
(5)
				the likelihood that an extension will delay the ultimate resolution of the
				matter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0700 - JUDICIAL REVIEW › Section 21 .0701-.0702

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  83-4;
				  89E-20;
				  150B-43;
				  150B-45;
Eff.
				  February 1, 1986;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0800 - RULEMAKING PROCEDURES › Section 21 .0801 - REPEALED - GENERAL PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority G.S. 150B,
				  Article 2;
Eff. February 1, 1986;
Repealed Eff. April
				  1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0800 - RULEMAKING PROCEDURES › Section 21 .0802 - COPIES OF RULES: INSPECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Anyone desiring to obtain a copy of the rules of the Board may do so by
				requesting such from the Board. The Board shall charge twenty-five cents
				($0.25) per page and actual postage costs.
(b) The rules of the Board and other public
				documents maintained by the Board are available for public inspection at the
				office of the Board (3733 Benson Drive, Raleigh, N.C. 27609) during regular
				office hours.
Authority
				  G.S.
				  89E-5;
				  89E-14;
				  89E-17;
				  132-1;
				  132-2;
				  132-6.
Eff. February
				  1, 1986;
Amended Eff. April 1, 2003; April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0800 - RULEMAKING PROCEDURES › Section 21 .0803 - PETITION FOR RULEMAKING HEARINGS

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 (the "proposed rule") by the Board shall file the petition
				with the Board. The first page of the petition shall clearly bear the notation:
				RULEMAKING PETITION RE and then [state the subject area]. The Petition shall
				contain the following information:
(1) the
				text of the proposed rule for adoption or amendment;
(2) a statement of the reasons for adoption
				or amendment of the proposed rule or the repeal of an existing rule;
(3) a statement of the proposed rule's effect
				on existing rules or orders;
(4)
				the name and address of the petitioner; and
(5) a request to present the petition to the
				Board, if desired.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0800 - RULEMAKING PROCEDURES › Section 21 .0804 - DISPOSITION OF PETITIONS FOR RULEMAKING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Chair may request additional information from the petitioner, may contact any
				interested person or persons likely to be affected by the proposed rule and
				request comments, and may use any other appropriate method to obtain additional
				information.
(b) When deemed
				complete by the Chair, petitions for rulemaking shall be presented to the Board
				for its consideration and determination at a regularly-scheduled meeting of the
				Board within 120 days following submission of the complete petition. The Chair
				shall determine the order and duration of discussion regarding the petition,
				including discussion by members of the public if any.
(c) Within 120 days following submission of
				the complete petition requesting rulemaking, unless the parties have agreed to
				an extension of time, the Board shall:
(1)
				initiate rulemaking proceedings in accordance with
				G.S.
				150B-20 and notify the petitioner in writing;
				or
(2) deny the petition in writing
				with the reason for the denial and send the written denial to the
				petitioner.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0800 - RULEMAKING PROCEDURES › Section 21 .0805-.0806

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150B-12(e);
Eff.
				  February 1, 1986;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0800 - RULEMAKING PROCEDURES › Section 21 .0807 - RECORD PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
A record of all rulemaking proceedings will be maintained by
				  the Board for as long as the rule is in effect, and for five years thereafter,
				  following filing with the Office of Administrative Hearings. This record will
				  contain: the original petition, if any, the notice, and all written memoranda
				  and presentations. Records of rulemaking proceedings will be available for
				  public inspection at the office of the Board during regular office
				  hours.
Authority
				  G.S.
				  150B-12;
Eff. February 1,
				  1986;
Amended Eff. April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0900 - DECLARATORY RULINGS › Section 21 .0901 - REPEALED - SUBJECTS OF DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150B-17;
Eff. February 1,
				  1986;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0900 - DECLARATORY RULINGS › Section 21 .0902 - SUBMISSION OF REQUEST FOR DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				requests for declaratory rulings shall be written and filed with the Board. The
				first page of the request shall bear the notation: REQUEST FOR DECLARATORY
				RULING. The request must include the following information:
(1) name and address of petitioner;
(2) statute or rule or order of the Board on
				which a ruling is desired;
(3)
				concise statement of the manner in which petitioner is aggrieved by the rule or
				statute or its potential application to him;
(4) a concise statement as to whether the
				request is for a ruling on the validity of a rule, statute or order or on the
				applicability of a rule, statute or order to a given factual
				situation;
(5) arguments or data
				which demonstrate that the petitioner is aggrieved by the rule, statute or
				order or by the potential application to him;
(6) a statement of the consequences of a
				failure to issue a declaratory ruling in favor of petitioner; and
(7) a statement of whether an oral argument
				is desired and, if so, the reason(s) for requesting such an oral
				argument.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0900 - DECLARATORY RULINGS › Section 21 .0903 - DISPOSITION OF REQUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board's
				Chair shall make a determination on the completeness of the request for
				declaratory ruling based on the requirements of Rule .0902 of this Section, and
				he or she shall make a recommendation to the Board on whether to issue or
				decline to issue a declaratory ruling.
(b) Before deciding the merits of the
				request, the Board may:
(1) request additional
				written submissions from petitioner(s);
(2) request a written response from any other
				person; or
(3) hear oral argument
				upon written request from the petitioner or other persons on the issues raised
				by the request if the Board determines oral argument would be helpful to its
				consideration of the request.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .0900 - DECLARATORY RULINGS › Section 21 .0904 - RECORD OF DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
A record of all declaratory ruling proceedings will be
				  maintained in the Board's office for as long as the ruling is in effect and for
				  five years thereafter. This record will contain: the petition, the notice, all
				  written submissions filed in the request, whether filed by the petitioner or
				  any other person, and a record or summary of oral presentations, if any.
				  Records of declaratory ruling proceedings will be available for public
				  inspection during regular office hours.
Authority
				  G.S.
				  150B-11;
Eff. February 1,
				  1986;
Amended Eff. April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .1000 - PROFESSIONAL CORPORATIONS › Section 21 .1001 - PRACTICE OF GEOLOGY BY CORPORATIONS AND LIMITED LIABILITY COMPANIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Application. Application for a
				Certificate of Registration for corporations and limited liability companies to
				practice geology within the State of North Carolina shall be made upon forms
				provided by the Board. Completed applications must conform to the requirements
				of Rule .0302 of this Chapter and be accompanied by the fee prescribed in Rule
				.0107 of this Chapter. Certificates of Registration shall be issued only to
				corporations meeting the provisions of the Professional Corporation Act, G.S.
				55B, and companies meeting the provisions of the Limited Liability Company Act,
				G.S. 57C, except as provided in Paragraph (b) of this Rule.
(b) Corporations and Limited Liability
				Companies Exempt from G.S. 55B. Applications for a Certificate of Registration
				as exempt from the Professional Corporation Act or the Limited Liability
				Company Act under the provisions of
				G.S.
				55B-15 or
				G.S.
				57C-2-01 shall be made upon forms provided by
				the Board. To be eligible as an exempt corporation under the provisions of
				G.S.
				55B-15 the following conditions must exist:
(1) The corporation or limited liability
				company shall have been incorporated or organized prior to June 5, 1969 and
				permitted by law to render professional services or must be a corporate
				successor to such a corporation or limited liability company as defined by
				G.S.
				55B-15; or
(2) The corporation or limited liability
				company must have been incorporated or organized prior to September 1, 1991,
				and before and after September 1, 1991 the corporation or limited liability
				company must have been a bonafide firm engaged in the practice of geology and
				such services as may be ancillary thereto within the State of North
				Carolina.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .1000 - PROFESSIONAL CORPORATIONS › Section 21 .1002 - FOREIGN CORPORATIONS AND LIMITED LIABILITY COMPANIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Formation in Other States. Corporations
				and Limited Liability Companies formed in other states may be granted
				Certificates of Registration for the practice of geology in this State on the
				receipt by the Board of a completed application as specified in Rules .0301 and
				.0302 of this Chapter and the payment of the appropriate application fee
				indicated in Rule .0107 of this Chapter. In addition to the other requirements
				as set out in
				G.S.
				89E-12, foreign corporations and limited
				liability companies must, prior to registration, receive from the Secretary of
				State of North Carolina a Certificate of Authority to transact business within
				the State.
(b) Designated
				Individuals. Foreign corporations and limited liability companies shall be
				permitted to practice geology within the State of North Carolina provided that
				the corporation or limited liability company must designate at least one
				geologist who is licensed by the State of North Carolina to be in responsible
				charge for the firm's practice of geology within the State of North
				Carolina.
Authority G.S.; 55B-16;
				  57C-2-01; 89E-5; 89E-12;
Eff. January 1, 1992;
Amended
				  Eff. April 1, 2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .1100 - PROFESSIONAL CONDUCT › Section 21 .1101 - RULES OF PROFESSIONAL CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				geologist licensed by the Board and each partnership, corporation, or other
				legal entity authorized to offer or perform geological services in this State
				shall comply with these Rules of Professional Conduct.
(b) The geologist shall conduct his or her
				practice in order to protect the public health, safety, and welfare:
(1) The geologist shall at all times
				recognize his or her primary obligation to protect the safety, health, and
				welfare of the public in the performance of his or her professional duties. If
				his or her geologic judgment is overruled under circumstances where the safety,
				health, and welfare of the public are endangered, he or she shall inform his or
				her employer of the possible consequences and notify other proper authority of
				the situation.
(2) The geologist
				shall protect the public health, safety, and welfare by maintaining sufficient
				personal on-site involvement and continual direction and review of the
				activities of subordinates that constitute public practice of geology while
				such activities are in progress. The licensee shall provide such supervision
				and have sufficient knowledge of the project and site conditions necessary to
				assure accuracy and compliance with all applicable laws and regulations,
				including G.S. 89E and the rules of this Chapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 21 - GEOLOGISTS › Section .1100 - PROFESSIONAL CONDUCT › Section 21 .1102 - RULES OF CONDUCT OF ADVERTISING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				geologist shall not make exaggerated, misleading, `deceptive, or false
				statements or claims about his or her professional qualifications, experience,
				or performance in his or her brochures, correspondence, listing, or other
				public communications.
(b) The
				prohibitions listed in this Rule include the use of statements that contain a
				material misrepresentation of fact or omitting a material fact necessary to
				keep the statement from being misleading; statements intended or likely to
				create an unjustified expectation, statements containing prediction of future
				success, or statements containing an opinion as to the quality of
				services.
(c) Consistent with the
				foregoing, the geologist may advertise for the recruitment of
				personnel.
(d) Consistent with the
				foregoing, the geologist may prepare articles for the lay or technical press.
				Such articles shall not imply credit to the author for work performed by
				others.
Authority
				  G.S.
				  89E-5;
				  89E-16;
Temporary
				  Adoption Eff. November 24, 1999;
Eff. August 1, 2000;
Pursuant to G.S. 21.3A, rule is necessary without substantive public interest
				  Eff. December 16, 2014;
Amended Eff. June 1,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 22 - HEARING AID DEALERS AND FITTERS › Subchapter A - BOARD RULES › Section .0100 - ORGANIZATIONAL RULES › Section 22A .0101-.0105

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93D-3;
					 150B-10;
					 150B-11;
Eff. April
					 23, 1976;
Repealed Eff. May 1,
					 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 22 - HEARING AID DEALERS AND FITTERS › Subchapter A - BOARD RULES › Section .0200 - THE BOARD › Section 22A .0201-.0202

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93D-3;
Eff. April 23,
					 1976;
Repealed Eff. May 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 22 - HEARING AID DEALERS AND FITTERS › Subchapter A - BOARD RULES › Section .0200 - THE BOARD › Section 22A .0203-.0204

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93D-3(b);
Eff.
					 April 23, 1976;
Amended Eff. February 1, 1996; May 1,
					 1988;
Repealed Eff. March 1,
					 2013.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 22 - HEARING AID DEALERS AND FITTERS › Subchapter A - BOARD RULES › Section .0200 - THE BOARD › Section 22A .0205-.0206

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93D-3;
Eff. April 23,
					 1976;
Repealed Eff. May 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 22 - HEARING AID DEALERS AND FITTERS › Subchapter A - BOARD RULES › Section .0300 - DEFINITIONS › Section 22A .0301 - REPEALED - DEFINITIONS AND INTERPRETATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93D-3(c);
					 150B-14;
Eff. April
					 23, 1976;
Amended Eff. May 1, 1988;
Repealed Eff.
					 September 1, 2013.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 22 - HEARING AID DEALERS AND FITTERS › Subchapter A - BOARD RULES › Section .0300 - DEFINITIONS › Section 22A .0302 - REPEALED - BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93D-1;
Eff. April 23,
					 1976;
Repealed Eff. May 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 22 - HEARING AID DEALERS AND FITTERS › Subchapter A - BOARD RULES › Section .0300 - DEFINITIONS › Section 22A .0303 - REPEALED - LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93D-3(c);
					 93D-5;
Eff. April 23,
					 1976;
Amended Eff. May 1, 1988;
Repealed Eff. September
					 1, 2013.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 22 - HEARING AID DEALERS AND FITTERS › Subchapter A - BOARD RULES › Section .0300 - DEFINITIONS › Section 22A .0304-.0306

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93D-1;
					 93D-3;
Eff. April 23,
					 1976;
Repealed Eff. May 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 22 - HEARING AID DEALERS AND FITTERS › Subchapter A - BOARD RULES › Section .0300 - DEFINITIONS › Section 22A .0307-.0312

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 93D-3(c);
					 93D-9;
Eff. May 1,
					 1988;
Amended Eff. February 1, 1996;
Repealed Eff.
					 September 1, 2013.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 22 - HEARING AID DEALERS AND FITTERS › Subchapter A - BOARD RULES › Section .0400 - DEFINITIONS › Section 22A .0401 - DEFINITIONS AND INTERPRETATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The rules of statutory construction concerning number and gender as contained
				  in G.S.
				  12-3(1) shall be applied in
				  the construction of these Rules.
(b) The definitions contained in the Food and
				  Drug Administration Standards concerning Hearing Aid Devices, Title 21 of the
				  Code of Federal Regulations Part 801.420, as published in the 42nd Volume of
				  the Federal Register (February 15, 1977) page 9294 are incorporated herein by
				  reference, not including subsequent amendments or editions of the referenced
				  materials, with the following additions and amendments:
(1) "Reconditioned" shall mean that the
				  condition of the hearing aid is the same as a used hearing aid.
(2) "Audiologist" shall mean any individual
				  holding a valid non-temporary license as an audiologist issued by the North
				  Carolina Board of Examiners for Speech and Language Pathologists and
				  Audiologists.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 22 - HEARING AID DEALERS AND FITTERS › Subchapter A - BOARD RULES › Section .0400 - DEFINITIONS › Section 22A .0402 - ABBREVIATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following abbreviations shall apply throughout this
					 Chapter:
(1) IHS - International
				  Hearing Society.
(2) ILE -
				  International Licensing Examination for Hearing Healthcare
				  Professionals.
Authority
					 G.S.
					 93D-3;
Eff. March 1,
					 2018.