reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0826 - CONSOLIDATION OF CASES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The hearing
				officer may order a joint hearing of any matters at issue in contested cases
				involving common questions of law or fact or multiple proceedings involving the
				same or related parties, or may order the cases consolidated or make other
				orders to reduce costs or delay in the proceedings.
(b) A party requesting consolidation shall
				serve a petition for consolidation on all parties to the cases to be
				consolidated and shall file the original with the hearing officer, together
				with a certificate of service showing service on all parties as herein
				required. Any party objecting to the petition shall serve and file his
				objections within 10 days after service of the petition for
				consolidation.
(c) Upon determining
				whether cases should be consolidated, the hearing officer shall serve a written
				order on all parties that contains a description of the cases for consolidation
				and the reasons for the decision.
(d) Nothing contained in this Rule prohibits
				the parties from stipulating and agreeing to a consolidation, which shall be
				granted upon submittal of a written stipulation, signed by every party, to the
				hearing officer.
(e) Following
				receipt of a notice of or order for consolidation, any party may petition for
				severance by serving it on all other parties and filing with the hearing
				officer at least seven days before the first scheduled hearing date. If the
				hearing officer finds that the consolidation will prejudice any party, he shall
				order the severance or other relief that will prevent the prejudice from
				occurring.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0827 - DISCOVERY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Discovery
				methods are means designed to assist parties in preparing to meet their
				responsibilities and protect their rights during hearings without unduly
				delaying, burdening or complicating the hearings process and with due regard to
				the rights and responsibilities of other parties and persons affected.
				Accordingly, parties are obligated to exhaust all less formal opportunities to
				obtain discoverable material before utilizing this Rule.
(b) Any means of discovery available pursuant
				to the North Carolina Rules of Civil Procedure,
				G.S.
				1A-1, is allowed. If the party from whom
				discovery is sought objects to the discovery, the party seeking the discovery
				may file a motion with the hearing officer to obtain an order compelling
				discovery. In the disposition of the motion, the party seeking discovery shall
				have the burden of showing that the discovery is needed for the proper
				presentation of the party's case, is not for purposes of delay, and that the
				issues in controversy are significant enough to warrant the discovery. In
				ruling on a motion for discovery, the hearing officer shall recognize all
				privileges recognized at law.
(c)
				When a party serves another party with a request for discovery, that request
				need not be filed with the hearing officer but shall be served upon all
				parties.
(d) The parties shall
				immediately commence to exchange information voluntarily, to seek access as
				provided by law to public documents, and to exhaust other informal means of
				obtaining discoverable material.
(e) All discovery shall be completed no later
				than the first day of the hearing. The hearing officer may shorten or lengthen
				the period for discovery and adjust hearing dates accordingly and, when
				necessary, allow discovery during the pendency of the hearing.
(f) No later than 15 days after receipt of a
				notice requesting discovery, the receiving party shall:
(1) move for relief from the
				request;
(2) provide the requested
				information, material or access; or
(3) offer a schedule for reasonable
				compliance with the request.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0828 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Subpoenas for
				the attendance and testimony of witnesses or for the production of documents,
				either at a hearing or for the purposes of discovery, shall be issued in
				accordance with
				G.S.
				150B-39(c) and
				G.S.
				1A-1 Rule 45.
(b) A subpoena shall be served in the manner
				provided by
				G.S.
				150B-39(c) and
				G.S.
				1A-1, Rule 45. The cost of service, fees, and
				expenses of any witnesses subpoenaed shall be paid by the party at whose
				request the witness appears. A party seeking an order imposing sanctions for
				failure to comply with any subpoena issued under this Rule must prove proper
				service of the subpoena.
(c)
				Objections to subpoenas shall be heard in accordance with
				G.S.
				150B-39(c) and
				G.S.
				1A-1, Rule 45.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0829 - SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a party
				fails to appear at a hearing or fails to comply with an interlocutory order of
				the hearing officer, the hearing officer may:
(1) Find that the allegations of or the
				issues set out in the notice of hearing or other pleading may be taken as true
				or deemed to be proved without further evidence;
(2) Dismiss or grant the motion or
				petition;
(3) Suppress a claim or
				defense; or
(4) Exclude
				evidence.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0830 - MOTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any application
				to the hearing officer for an order shall be by motion, which shall be in
				writing unless made during a hearing, and must be filed and served upon all
				parties not less than 10 days before the hearing, if any, is to be held either
				on the motion or the merits of the case. The nonmoving party has 10 days after
				the date of service of the motion to file a response, which must be in writing.
				Motions practice in contested cases before the Board are governed by Rule 6 of
				the General Rules of Practice for the Superior and District Court.
(b) If any party desires a hearing on the
				motion, he shall make a request for a hearing at the time of the filing of his
				motion or response. A response shall set forth the nonmoving party's
				objections. All motions in writing shall be decided without oral argument
				unless an oral argument is directed by the hearing officer. When oral argument
				is directed by the hearing officer, a motion shall be considered submitted for
				disposition at the close of the argument. A hearing on a motion will be
				directed by the hearing officer only if it is determined that a hearing is
				necessary to the development of a full and complete record on which a proper
				decision can be made. All orders on such motions, other than those made during
				the course of a hearing, shall be in writing and shall be served upon all
				parties of record not less than five days before a hearing, if any, is
				held.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0831 - INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person not
				named in the notice of hearing who desires to intervene in a contested case as
				a party shall file a timely motion to intervene and shall serve the motion upon
				all existing parties. Timeliness will be determined by the hearing officer in
				each case based on circumstances at the time of filing. The motion shall show
				how the movant's rights, duties, or privileges may be determined or affected by
				the contested case; shall show how the movant may be directly affected by the
				outcome or show that the movant's participation is authorized by statute, rule,
				or court decision; shall set forth the grounds and purposes for which
				intervention is sought; and shall indicate movant's statutory right to
				intervene if one exists.
(b) Any
				party may object to the motion for intervention by filing a written notice of
				objections with the hearing officer within five days after service of the
				motion if there is sufficient time before the hearing. The notice of objection
				shall state the party's reasons for objection and shall be served upon all
				parties. If there is insufficient time before the hearing for a written
				objection, the objection may be made at the hearing.
(c) When the hearing officer deems it to be
				necessary to develop a full record on the question of intervention, he may
				conduct a hearing on the motion to determine specific standards that will apply
				to each intervenor and to define the extent of allowed intervention.
(d) The hearing officer shall allow
				intervention upon a proper showing under this Rule, unless he finds that the
				movant's interest is adequately represented by one or more parties
				participating in the case or unless intervention is mandated by statute, rule,
				or court decision. An order allowing intervention shall specify the extent of
				participation permitted the intervenor and shall state the hearing officer's
				reason. An intervenor may be allowed to:
(1)
				File a written brief without acquiring the status of a party;
(2) Intervene as a party with all the rights
				of a party; or
(3) Intervene as a
				party with all the rights of a party but limited to specific issues and to the
				means necessary to present and develop those issues.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0832 - CONTINUANCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A request for a
				continuance of a hearing shall be granted upon a showing of good cause. Unless
				time does not permit, a request for a continuance of a hearing shall be made in
				writing to the hearing officer and shall be served upon all parties of record.
				In determining whether good cause exists, due regard shall be given to the
				ability of the party requesting a continuance to proceed effectively without a
				continuance. A request for a continuance filed within five days before a
				hearing shall be denied unless the reason for the request could not have been
				ascertained earlier.
(b) "Good
				cause" includes death or incapacitating illness of a party, representative, or
				attorney of a party; a court order requiring a continuance; lack of proper
				notice of the hearing; a substitution of the representative or attorney of a
				party if the substitution is shown to be required; a change in the parties or
				pleadings requiring postponement; and agreement for a continuance by all
				parties if either more time is clearly necessary to complete mandatory
				preparation for the case, such as authorized discovery, and the parties and the
				hearing officer have agreed to a new hearing date or the parties have agreed to
				a settlement of the case that had been or is likely to be approved by the final
				decision maker.
(c) "Good cause"
				does not include: intentional delay; unavailability of counsel or other
				representative because of engagement in another judicial or administrative
				proceeding unless all other members of the attorney's or representative's firm
				familiar with the case are similarly engaged, or if the notice of the other
				proceeding was received subsequent to the notice of the hearing for which the
				continuance is sought; unavailability of a witness if the witness' testimony
				can be taken by deposition; or failure of the attorney or representative to
				properly utilize the statutory notice period to prepare for the
				hearing.
(d) During a hearing, if
				it appears in the interest of justice that further testimony should be received
				and sufficient time does not remain to conclude the testimony, the hearing
				officer shall either order the additional testimony taken by deposition or
				continue the hearing to a future date for which oral notice on the record is
				sufficient.
(e) A continuance shall
				not be granted if granting it would prevent the case from being concluded
				within any statutory or regulatory deadline.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0833 - RIGHTS AND RESPONSIBILITIES OF PARTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A party has
				the right to present evidence, rebuttal testimony, and argument with respect to
				the issues of law and policy, and to cross-examine witnesses, including the
				author of a document prepared by, on behalf of, or for use of the Board and
				offered in evidence.
(b) A party
				shall have all evidence to be presented, both oral and written, available on
				the date for hearing. Requests for subpoenas, depositions, or continuances
				shall be made within a reasonable time after their needs become evident to the
				requesting party. In cases when the hearing time is expected to exceed one day,
				the parties shall be prepared to present their evidence at the date and time
				ordered by the hearing officer or agreed upon at a prehearing
				conference.
(c) The hearing officer
				shall send copies of all orders or decisions to all parties simultaneously. Any
				party sending a letter, exhibit, brief, memorandum, or other document to the
				hearing officer shall simultaneously send a copy to all other
				parties.
(d) All parties have the
				continuing responsibility to notify the hearing officer of their current
				address and telephone number.
(e) A
				party need not be represented by an attorney. If a party has notified other
				parties of that party's representation by an attorney, all communications shall
				be directed to that attorney.
(f)
				With the approval of the hearing officer, any person may offer testimony or
				other evidence relevant to the case. Any nonparty offering testimony or other
				evidence may be questioned by parties to the case and by the hearing
				officer.
(g) Before issuing a
				recommended decision, the hearing officer may order any party to submit
				proposed findings of fact and written arguments.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0834 - 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 hearing officer's own motion, the hearing officer may exclude witnesses
				  from the hearing room so that they cannot hear the testimony of other
				  witnesses.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0836 - OFFICIAL RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The official
				record of a contested case is available for public inspection upon reasonable
				request. The hearing officer may, upon good cause shown and consistent with
				law, order part or all of an official record sealed.
(b) The official record shall be prepared in
				accordance with
				G.S.
				150B-42.
(c) Contested case hearings shall be recorded
				either by a recording system or a professional court reporter using stenomask
				or stenotype.
(d) Transcript costs
				incurred by the Board shall be apportioned equally among the party(ies)
				requesting a transcript.
(e) Any
				other costs incurred by the Board when using a professional court reporter
				shall be apportioned equally among the requesting party(ies).
(f) A 24-hour cancellation notice is required
				in all cases. The party(ies) responsible for the cancellation shall be liable
				for any cancellation fees.
(g)
				Transcripts of proceedings during which oral evidence is presented will be made
				only upon request of a party. Transcript costs shall include the cost of an
				original for the Board. An attorney requesting a transcript on behalf of a
				party is a guarantor of payment of the cost. Cost shall be determined under
				supervision of the hearing officer who, in cases deemed to be appropriate by
				him, may require an advance security deposit to cover the prospective cost. The
				security deposit shall be applied to the actual cost and any excess shall be
				returned to the party that submitted it.
(h) Copies of tapes are available upon
				written request at a cost of five dollars ($5.00) per tape.
(i) Copies of Board hearings tapes or
				Non-Board certified transcripts therefrom are not part of the official record.
Note: Rule 5.3(B) of the Rules of Professional Conduct
				  permits an attorney to advance or guarantee expenses of litigation provided the
				  client remains ultimately liable for such expenses.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0900 - MANUFACTURED HOUSING BOARD › Section 08 .0901 - MANUFACTURED HOUSING BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina Manufactured Housing Board is established
				  to provide for a comprehensive framework for regulation of all segments of the
				  manufactured housing industry. The Commissioner of Insurance or his designee
				  shall serve as chairman of a nine member board representing the industry and
				  the public.
Authority
				  G.S.
				  143-143.8;
				  143-143.10;
Eff.
				  January 1, 1983;
Amended Eff. April 1, 1989;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0900 - MANUFACTURED HOUSING BOARD › Section 08 .0902 - ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
The mailing address for the North Carolina Manufactured
				  Housing Board is: North Carolina Manufactured Housing Board, c/o North Carolina
				  Department of Insurance, 1202 Mail Service Center, Raleigh, NC
				  27699-1202.
Authority
				  G.S.
				  143-143.8;
				  143-143.10;
				  143-143.17;
Eff.
				  January 1, 1983;
Amended Eff. June 1, 2005; April 1,
				  1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0900 - MANUFACTURED HOUSING BOARD › Section 08 .0903 - RULE-MAKING AND HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Copies of Standards and rules adopted by the Manufactured
				  Housing Board or the Commissioner of Insurance may be obtained by writing or
				  calling:
North Carolina Manufactured Housing Board
Manufactured Building Division
1202 Mail Service Center
Raleigh, North Carolina 27699-1202
Phone (919) 647-0000
The Manufactured Building Division is located at:
325 North Salisbury Street
Raleigh, North Carolina 27603.
Legislative Objection
				  Lodged Eff. December 22, 1982;
Authority
				  G.S.
				  143-143.10;
				  143-143.11;
				  143-143.11B;
				  143-143.12;
				  143-143.14;
				  143-143.19;
Eff.
				  January 1, 1983;
Amended Eff. March 1, 1988 at ARRC request to cure
				  referenced Legislative Objection;
Amended Eff. January 1, 2018;
				  June 1, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0900 - MANUFACTURED HOUSING BOARD › Section 08 .0904 - FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An application for a license as a
				manufactured housing manufacturer or manufactured housing dealer shall include
				the following:
(1) the name of the person or
				business applicant;
(2) the
				business address of the applicant;
(3) the state under whose laws the applicant
				firm or corporation is organized or incorporated;
(4) a resume of each owner, partner, and
				officer of the applicant firm or corporation. Each resume shall state his or
				her education and a complete job history, as well as a listing of residences
				for the last seven years;
(5) the
				type of license applied for;
(6) a
				signature of the person with authority to legally obligate the applicant;
				and
(7) a statement that the
				appropriate bond is attached.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0900 - MANUFACTURED HOUSING BOARD › Section 08 .0905 - LICENSING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				employed by a dealer whose occupational activity is that of selling on behalf
				of the retail dealership shall be licensed as a salesperson. Each salesperson's
				license shall be conspicuously displayed at all times by the dealership
				employing the salesperson.
(b) The
				following shall not be required to be licensed as a manufactured housing
				dealer:
(1) Receivers, trustees,
				administrators, executors, guardians or other persons appointed by or acting
				under the judgment or order of any court;
(2) Public officials while performing their
				official duties;
(3) Persons
				disposing of manufactured homes acquired for their own use, provided that said
				home is not used for the purpose of avoiding the provisions of
				G.S.
				143-143.11;
(4) Licensed real estate salesmen or brokers
				who negotiate or sell a manufactured home for any individual who is the owner
				of not more than three manufactured homes;
(5) Banks and finance companies who sell
				repossessed manufactured homes who do not maintain a sales lot or building with
				one or more employed retail salespersons.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0900 - MANUFACTURED HOUSING BOARD › Section 08 .0906 - DUTIES AND RESPONSIBILITIES OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board
				shall be required to keep minutes and records of all its transactions,
				proceedings and meetings, and duly certified copies thereof shall be sufficient
				to comply with the rules of evidence.
(b) The Board may investigate on its own
				initiative or upon receipt of inquiries or complaints (See
				11 NCAC
				08 .0910) any allegation of a wrongful act or
				acts involving manufactured housing manufacturers, suppliers, dealers,
				salesmen, or set-up contractors. Violation of the laws or administrative rules
				governing the manufactured housing industry shall be grounds for revocation or
				suspension of licenses issued by the Board or for the civil penalties
				prescribed by
				G.S.
				143-143.13.
Authority
				  G.S.
				  143-143.10;
				  143-143.13;
				  143-143.14;
				  143-143.17;
				  143-143.18;
				  143-143.22;
Legislative Objection Lodged Eff. December 22, 1982;
Eff. January
				  1, 1983;
Amended Eff. March 1, 1988 at ARRC request to cure
				  referenced Legislative Objection;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0900 - MANUFACTURED HOUSING BOARD › Section 08 .0907 - UNFAIR COMPETITION AND DECEPTIVE PRACTICES

Current through Register Vol. 39, No. 2, July 15, 2024
Unfair methods of competition or unfair or deceptive
				  commercial acts or practices shall include, but not be limited to:
(1) Failure to perform repairs, alterations
				and/or additions completely or in a workmanlike and competent manner.
(2) Repeated failure to give timely notice of
				inability to appear for a scheduled repair.
(3) Representing used manufactured homes,
				appliances, or fixtures as new or failure to identify used appliances, fixtures
				and/or equipment in new manufactured homes.
(4) Repeated failure to respond promptly to
				consumer complaints and inquiries.
(5) Failure to give clear and conspicuous
				notice that the wheels, axles, and/or tongue are not included in the sales
				price, when such is the case. An example of clear and conspicuous notice is a
				sticker or printed notice in bold face type stating "The purchase price does
				not include the wheels, axles, and tongue of this manufactured home."
(6) Failure to give clear and conspicuous
				notice of the significance of leveling a manufactured home and when releveling
				becomes the customer's responsibility. An example of clear and conspicuous
				notice is a sticker or printed notice in bold face type stating "Proper set-up,
				leveling and anchoring of your manufactured home is necessary in order to
				assure proper functioning and safe operation of your manufactured
				home."
(7) Misrepresenting the
				model year or size of a manufactured home. Size shall be calculated as follows:
(a) length means the distance from the
				exterior of the front wall (nearest to the drawbar and coupling mechanism) to
				the exterior of the rear wall (at the opposite end of the home) where such
				walls enclose living or other interior space, but not bay windows, porches,
				drawbars, couplings, hitches, wall and roof extensions, or other
				attachments;
(b) width means the
				distance from the exterior of one side wall to the exterior of the opposite
				side wall where such walls enclose living or other interior space, but not bay
				windows, porches, wall and roof extensions, or other attachments;
(c) measurements may be represented to the
				nearest foot.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0900 - MANUFACTURED HOUSING BOARD › Section 08 .0908 - SUSPENSION OF IMMINENT SAFETY HAZARD PERIOD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Suspension
				of the five day period to remedy imminent safety hazards in the event of
				widespread defects or damages resulting from adverse weather conditions or
				other natural catastrophes authorized by
				G.S.
				143-143.18 may be ordered by the Board in
				emergency meeting or telephone conference by a quorum of the Board.
(b) Such suspension order shall be in writing
				and shall specify an expiration date for the suspension.
Authority
				  G.S.
				  143-143.18;
Eff. January 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0900 - MANUFACTURED HOUSING BOARD › Section 08 .0909 - MAINTENANCE OF RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every
				manufactured housing manufacturer, supplier, dealer, and set-up contractor
				shall maintain for at least five years all service records.
(b) Every manufactured housing manufacturer,
				supplier, dealer, or set-up contractor shall maintain a record of all written
				complaints listing the name and address of the complainant, the nature of the
				complaint, and the disposition of the complaint. This record shall be retained
				for at least five years.
(c)
				Nothing in this Rule shall be construed to prohibit use of electronic or
				photographic processes to store such records.
Authority
				  G.S.
				  143-143.10 through
				  143-143.13;
				  143-143.17;
				  143-143.18;
				  143-143.22;
Eff.
				  January 1, 1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0900 - MANUFACTURED HOUSING BOARD › Section 08 .0910 - COMPLAINT HANDLING AND INSPECTION PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Complaints received by telephone shall be confirmed in writing over the
				signature of the owner or his or her agent; however, this shall not delay any
				action to resolve the complaint. Complaints shall be processed as follows:
(1) The Manufactured Building Division shall
				forward complaints to the manufactured housing manufacturer, dealer, or set-up
				contractor as appropriate.
(2) If
				the complaint is not resolved, the Manufactured Building Division shall
				schedule an on-site inspection or the deputy commissioner shall arrange a
				conference to discuss the problem. Unless otherwise agreed, concerned parties
				shall be given at least 72 hours notice, orally, in writing, or electronically,
				of the time and place of the inspection or conference and the opportunity to
				attend the inspection or conference.
(3) If the complaint is not resolved, the
				deputy commissioner shall refer the complaint to the Board. The secretary of
				the Board may recommend legal action be taken to ensure compliance with the
				applicable statutes and rules. Such action may include the convening of a
				public hearing.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0900 - MANUFACTURED HOUSING BOARD › Section 08 .0911 - SALESMAN EXAM; TEMPORARY LICENSE; LICENSE TRANSFER; FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A salesman's license shall be issued to
				any applicant after the Board has approved the applicant's criminal history
				record check upon receipt by the Board of a properly executed application,
				receipt of the applicant of a passing grade (70 percent of a possible 100
				percent) on a written examination administered by the Board, and qualification
				of the applicant for licensure, except as follows:
(1) Those persons holding a Registered
				Housing Specialist certification from the North Carolina Manufactured Housing
				Institute on or before June 30, 1992, are exempt from the examination
				requirement.
(2) Any salesman who
				has been tested and licensed under this Section and whose license has lapsed is
				not required to be re-tested if he re-applies for licensing within 12 months
				after the expiration of the lapsed license.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0900 - MANUFACTURED HOUSING BOARD › Section 08 .0913 - EXPIRED - EXTENSION OF TEMPORARY LICENSE FOR MANUFACTURED HOUSING SALESPERSON

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-143.10(b)(1);
				  143-143.10(b)(4);
				  143-143.11;
Emergency
				  Adoption Eff. April 20, 2020;
Emergency Adoption Expired June 30,
				  2020;
Temporary Adoption Eff. August 28, 2020;
Temporary Adoption Expired Eff. June 12,
				  2021.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1001 - OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
The term of each officer shall be one year. Officers shall
				  serve until a successor is elected and installed. Officers shall be eligible
				  for re-election.
Authority
				  G.S.
				  143-151.48(a);
Codifier determined that agency findings did not meet criteria for temporary
				  rule Eff. October 15, 1996;
Temporary Adoption Eff. October 24,
				  1996;
Eff. July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1002 - REPEALED - MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-151.48(a);
Codifier determined that agency findings did not meet criteria for temporary
				  rule Eff. October 15, 1996;
Temporary Adoption Eff. October 24,
				  1996;
Eff. July 1, 1998;
Repealed Eff. March 1,
				  2010.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1003 - PERSONS AND PRACTICES NOT AFFECTED

Current through Register Vol. 39, No. 2, July 15, 2024
Registered architects, professional engineers, and licensed
				  general contractors do not need home inspector licenses to make on site
				  inspections of residential buildings for which they are preparing plans,
				  designs, specifications, or estimates for construction, remodeling, or
				  repairs.
Authority
				  G.S.
				  143-151.49(a)(13);
Codifier determined that agency findings did not meet criteria for temporary
				  rule Eff. October 15, 1996;
Temporary Adoption Eff. October 24,
				  1996;
Eff. July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1004 - EQUIVALENT EXPERIENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				consider equivalent experience of applicants who do not meet the experience
				requirements of
				G.S.
				143-151.51(5)a. Any one of
				the following descriptions of experience is considered sufficient to meet the
				equivalent experience requirements:
(1) A
				bachelor of science degree from any engineering, architecture or building
				technology school and two years experience working in building design,
				construction, or inspection of building, electrical, mechanical, and plumbing
				systems.
(2) A two year Associate
				of Applied Science degree from a community college or technical school in
				building technology, civil engineering, electrical engineering, mechanical
				engineering, or architecture; and either four years of design experience in
				building, electrical, mechanical, and plumbing systems, or four years
				experience as an employee who works under the direct supervision of a licensed
				general (residential or building) contractor and who supervises electrical,
				mechanical, and plumbing subcontractors.
(3) Six years experience as an employee who
				works under the direct supervision of a licensed general contractor
				(residential or building) performing building construction and who supervises
				electrical, mechanical, and plumbing subcontractors.
(4) Certification by the North Carolina Code
				Officials Qualification Board as a Code Enforcement Official with Standard
				Level I (or higher) inspection certification in four areas: building,
				electrical, mechanical, and plumbing.
(5) Any combination of certification listed
				in Paragraph (a)(4) of this Rule and a license as an electrical contractor
				(limited or greater) issued by the N.C. Board of Electrical Examiners, or a
				license as a heating or cooling contractor (H1, H2, or H3), or a plumbing
				contractor issued by the N.C. Board of Examiners of Plumbing, Heating and Fire
				Sprinkler Contractors, resulting in either a certificate or a license in four
				areas in building, electrical, mechanical, and plumbing contracting or
				inspections.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1005 - RECIPROCITY

Current through Register Vol. 39, No. 2, July 15, 2024
If an applicant is licensed as a home inspector in another
				  state that has laws and rules that are similar to G.S. 143, Article 9F and to
				  the rules of the Board, the Board shall accept that license as evidence of
				  experience. However, the applicant shall satisfactorily complete the Board's
				  written examination and other licensing requirements before the Board shall
				  issue the applicant a license.
Authority
				  G.S.
				  143-151.49(a)(13);
Codifier determined that agency findings did not meet criteria for temporary
				  rule Eff. October 15, 1996;
Temporary Adoption Eff. October 24,
				  1996;
Eff. July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1006 - INSURANCE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To be licensed
				as a home inspector, an applicant must meet the requirements set forth in
				G.S.
				143-151.51(b) including
				general liability insurance that meets the following requirements:
(1) The general liability insurance policy
				must cover the licensee's activities performed during the course of a home
				inspection on the premises of the home inspection; and
(2) The general liability insurance policy
				must include coverage for both property damage and bodily injury
				coverage.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1007 - EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant must pass an examination administered by the
				  Board. The examination shall be administered at least twice each year. The
				  applicant must answer 70% of the questions correctly to receive a passing
				  grade. The examination shall include questions about the administrative rules
				  adopted by the Board, G.S. 143, Article 9F inspections of the building
				  structures and their components, and electrical, mechanical, and plumbing
				  systems and appliances.
Authority
				  G.S.
				  143-151.49(a)(13);
				  143-151.51(2);
				  143-151.42(2);
Codifier determined that agency findings did not meet criteria for temporary
				  rule Eff. October 15, 1996;
Temporary Adoption Eff. October 24,
				  1996;
Eff. July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1008 - APPLICATIONS FOR LICENSES

Current through Register Vol. 39, No. 2, July 15, 2024
Persons may obtain license applications from the Board after
				  they pay the appropriate fee. Applicants shall return a completed application
				  form and any supporting documentation to the Board at least 30 days before the
				  next scheduled examination. The Board shall notify applicants of the times,
				  dates, and locations of examinations. If available space is not sufficient for
				  the number of applicants, additional examinations shall be
				  scheduled.
Authority
				  G.S.
				  143-151.49;
				  143-151.51;
Codifier
				  determined that agency findings did not meet criteria for temporary rule Eff.
				  October 15, 1996;
Temporary Adoption Eff. October 24,
				  1996;
Eff. July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1009 - DISPLAY OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
Home inspectors shall display their licenses at their places
				  of business. If a home inspector works out of his or her home, the inspector
				  shall keep the license on file in the home.
Authority
				  G.S.
				  143-151.49;
				  143-151.51;
Codifier
				  determined that agency findings did not meet criteria for temporary rule Eff.
				  October 15, 1996;
Temporary Adoption Eff. October 24,
				  1996;
Eff. July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1010 - APPEALS OF DENIALS

Current through Register Vol. 39, No. 2, July 15, 2024
The initial evaluations of license applications shall be made
				  by the Board's staff. Any applicant wishing to appeal the staff's decision to
				  deny his or her application shall make a written request for a review to the
				  Board's Application Evaluation Committee. The applicant shall request a hearing
				  if aggrieved by any final decision of the Board denying the
				  application.
Authority
				  G.S.
				  143-151.49(a)(13);
				  143-151.56(b);
Codifier determined that agency findings did not meet criteria for temporary
				  rule Eff. October 15, 1996;
Temporary Adoption Eff. October 24,
				  1996;
Eff. July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1011 - FEE SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				fees apply to the licensure of home inspectors:
Application for Home Inspector License $ 35.00
Home Inspector Examination $ 80.00
Issuance or Renewal of Home Inspector License $160.00
Late Renewal of Home Inspector License $ 30.00
Copies of Board Rules and License Standards Cost of printing
				  and mailing
Unapproved Continuing Education Course $ 50.00
(b) The home inspector initial
				issuance license fees are due after successful completion of the examination.
				The Board shall not issue a license until it receives the fee. The license is
				valid from the date of issuance until the following September 30.
Authority
				  G.S.
				  143-151.49;
				  143-151.55;
				  143-151.57;
Codifier
				  determined that agency findings did not meet criteria for temporary rule Eff.
				  October 15, 1996;
Temporary Adoption Eff. October 24,
				  1996;
Eff. July 1, 1998;
Amended Eff. October 1, 2014;
				  October 1, 2010; January 1, 2008;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1012 - SUSPENSION OF AUTHORITY TO EXPEND FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
In the event that the Board's authority to expend funds is
				  suspended pursuant to
				  G.S.
				  93B-2(d), the Board shall
				  continue to issue and renew licenses. All fees tendered shall be placed in an
				  escrow account maintained by the Board for this purpose. Once the Board's
				  authority is restored, the funds shall be moved from the escrow account into
				  the general operating account.
Authority
				  G.S.
				  93B-2(d);
Eff.
				  April 1, 2013;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .1000 - N.C. HOME INSPECTOR LICENSURE BOARD › Section 08 .1020 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As used in
				Rules .1020 through .1028 of this Section:
(1)
				"Course Sponsor" means a person approved by the Board to conduct home
				inspection prelicensing courses.
(2) "Credit hour" means one continuing
				education course hour, comprising at least 50 minutes of instruction.
(3) "License period" means October 1 through
				the following September 30.
(4)
				"Licensee" means a home inspector licensed by the Board under G.S. 143, Article
				9F.
(5) "Person" means an
				individual, partnership, firm, association, corporation, joint-stock company,
				trust, any similar entity, or any combination of the foregoing acting in
				concert.