reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section 0200 - EXAMINATION › Section 29 .0201 - EXAMINATION FEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				charge the examination fee as follows:
(1)
				Two hundred dollars ($200.00) for first time test takers;
(2) Fifty dollars ($50.00) for second time
				applicants who fail to pass pursuant to
				21 NCAC
				29 .0203; and
(3) Two hundred dollars ($200.00) for third
				and subsequent test takers.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section 0200 - EXAMINATION › Section 29 .0202 - APPLICATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Applicants must register for an examination on the form
				  prescribed by the Board. The application must be submitted to the Board's
				  office at least 15 days before the requested examination
				  date.
Authority
				  G.S.
				  74F-6;
				  74F-7;
Temporary
				  Adoption Eff. November 13, 2002;
Eff. August 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section 0200 - EXAMINATION › Section 29 .0203 - MINIMUM PASSING SCORE

Current through Register Vol. 39, No. 2, July 15, 2024
The passing score for the Locksmith Licensing Examination
				  shall be 70 percent.
Authority
				  G.S.
				  74F-6;
				  74F-7;
Temporary
				  Adoption Eff. November 13, 2002;
Eff. August 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section 0200 - EXAMINATION › Section 29 .0204 - REQUIREMENTS OF EXAMINEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Applicants at an examination session shall present a photo ID to the
				examination proctor before the beginning of the examination session.
(b) The applicant shall not bring books,
				calculators, or other items that may compromise the exam, such as a study guide
				or objects that are disruptive into the examination room.
(c) Cellphones shall be turned off during the
				examination. Applicants shall not speak with others during the examination
				session.
(d) Applicants shall obey
				instructions from the proctor regarding when to begin and cease work on the
				examination.
(e) Applicants shall
				be excused from the room during the examination only with permission from the
				proctor.
(f) Failure to abide by
				any of the Paragraphs of this Rule shall result in invalidation of the
				applicant's examination results.
Authority
				  G.S.
				  74F-6;
				  74F-7;
Temporary
				  Adoption Eff. November 13, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section 0200 - EXAMINATION › Section 29 .0205 - FAILURE TO ATTEND SCHEDULED EXAMINATION SESSION

Current through Register Vol. 39, No. 2, July 15, 2024
Applicants who fail to appear for a scheduled examination
				  session without prior notification to the Board shall forfeit their examination
				  fee and shall submit a new examination fee pursuant to
				  21 NCAC
				  29 .0201(a)(1) for a
				  different session. The Board shall waive the new examination fee upon the
				  applicant's request if it finds that the applicant's failure to attend as
				  scheduled was the result of a hardship or emergency.
Authority
				  G.S.
				  74F-6;
				  74F-7;
Temporary
				  Adoption Eff. November 13, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section 0200 - EXAMINATION › Section 29 .0206 - SPECIAL ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
Applicants with disabilities as defined by the Americans with
				  Disabilities Act of 1990 (ADA), which is hereby incorporated by reference,
				  including subsequent amendments and editions, available at no cost at
				  www.ada.gov, and documented by a licensed medical professional shall be
				  administered the NC Locksmith Licensing Exam under conditions that shall
				  minimize the effect of the disabilities on their performance. Special test
				  administrations shall be as comparable as possible to a standard administration
				  and shall be granted upon request of the applicant and Board
				  approval.
Authority
				  G.S.
				  74F-6;
				  74F-7;
Eff. November
				  1, 2007;
Readopted Eff. June 1,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0400 - LICENSING REQUIREMENTS › Section 29 .0401 - APPLICATION FORM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				applications for licensure shall be submitted on the form found on the Board
				website for this purpose. The application shall request the applicant's name,
				address, and contact information.
(b) Applications shall be accompanied by the
				following:
(1) two frontal photos of the
				applicant's face, taken within the preceding three months;
(2) documentation that the applicant has
				submitted the applicant's fingerprints to the applicant's local law enforcement
				for submission of the fingerprints to be delivered by local law enforcement
				directly to the SBI or a copy of the applicant's fingerprints to the
				Board;
(3) a completed examination
				registration request containing the requested exam date;
(4) a written explanation of affirmative
				responses to questions on the application regarding criminal history and
				military service, if applicable;
(5) payment in full of all applicable
				fees;
(6) a copy of the applicant's
				legal resident documents, if the applicant is not a U.S. citizen;
(7) a copy of a Locksmith License from
				another state, if applicable;
(8) a
				copy of the applicant's military discharge document (DD-214 or equivalent), if
				the applicant has served in any branch of the armed forces;
(9) a notarized Authorization for Records
				Release form provided by the State Bureau of Investigation, and found in the
				Locksmith License application; and
(10) a copy of any national locksmith
				certifications, if applicable.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0400 - LICENSING REQUIREMENTS › Section 29 .0402 - ESTABLISHMENT OF MORAL AND ETHICAL CHARACTER

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Falsification or concealment of facts relating to employment, military service,
				criminal conviction, court-martial, or age shall be grounds for license denial,
				revocation, or suspension.
(b)
				Applicants with criminal histories from any jurisdiction shall be categorized
				according to the seriousness of the offense. The category shall be determined
				by the most serious offense.
(c)
				These categories are as follows:
(1) Category
				I. This Category consists of all Class A and B felonies.
(2) Category II. This Category consists of
				all felonies of Classes C-F.
(3)
				Category III. This Category consists of all felonies of Classes G or lesser,
				and all misdemeanors of Classes A1 and 1. Three or more Category III
				convictions (committed as separate incidents) shall be reclassified as a
				Category II offense.
(4) Category
				IV. This Category consists of misdemeanors of Classes 2 and 3. Three or more
				Category IV convictions (committed as separate incidents) shall be reclassified
				as a Category III offense.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0400 - LICENSING REQUIREMENTS › Section 29 .0403 - COMPLETION OF EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
An application for licensure shall not be considered by the
				  Board until the results of the applicant's Board-administered examination are
				  determined and available to the Board.
Authority
				  G.S.
				  74F-6;
				  74F-7;
Temporary
				  Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0400 - LICENSING REQUIREMENTS › Section 29 .0404 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
The license issuance fee shall be two hundred dollars
				  ($200.00). The license issuance fee shall accompany the application for
				  licensure. In the event the applicant is denied licensure, the fee shall be
				  refunded. Replacement licenses shall be available upon written request and the
				  fee for issuance of a replacement license shall be ten dollars
				  ($10.00).
Authority
				  G.S.
				  74F-6;
				  74F-7;
				  74F-9;
				  74F-10;
Temporary
				  Adoption Eff. October 17, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2017;
Amended Eff. January 1,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0400 - LICENSING REQUIREMENTS › Section 29 .0405 - EXEMPTION FROM EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74F-6;
Temporary Adoption Eff.
				  August 13, 2002;
Eff. August 1, 2004;
Repealed Eff.
				  April 1, 2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0500 - CODE OF ETHICS › Section 29 .0501 - OBLIGATION OF LICENSED LOCKSMITHS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) By
				applying for and accepting a license issued by the Board, all licensees become
				obligated to comply with the provisions of this Section. Failure to comply may
				result in disciplinary action by the Board.
(b) The obligations of this Chapter extend to
				all employees of licensed individuals and licensed individuals shall be
				responsible for the actions of their employees. The term "employee" shall mean
				every person engaged in employment under a contract of hire or apprenticeship,
				express or implied, oral or written, including non-citizens, and also minors,
				whether lawfully or unlawfully employed.
Authority
				  G.S.
				  74F-6;
Temporary Adoption Eff.
				  August 13, 2002;
Eff. August 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0500 - CODE OF ETHICS › Section 29 .0502 - FAIR BUSINESS PRACTICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Locksmiths
				shall conduct all business in compliance with all applicable local, State, and
				federal laws.
(b) Locksmiths shall
				analyze security problems and advance the best practicable solution for the
				protection of the client.
(c)
				Locksmiths shall refrain from associating themselves with or allowing the use
				of their name (personal or professional) by any enterprise that in any way
				supports fraud or misrepresentation.
(d) Locksmiths shall not misrepresent the
				features of any product or service they offer. Examples include the following:
(1) Representing to a client that
				non-restricted or widely available keys (whether stamped "Do Not Duplicate" or
				not) provide any measure of assurance against unauthorized duplication;
				or
(2) Selling a used product as
				new.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0500 - CODE OF ETHICS › Section 29 .0503 - PROTECTION OF THE PUBLIC INTEREST

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Locksmiths shall refrain from allowing their specialized skills, knowledge, or
				access to tools and information to be used in a manner that puts the safety and
				security of the public at risk.
(b)
				Locksmiths shall reserve the right to refuse service when intent and ownership
				cannot be verified and shall notify law enforcement within a jurisdiction when
				a locksmith suspects criminal intent.
(c) Locksmiths shall not deliberately breach
				a restricted key system.
(d)
				Locksmiths shall record the identity of the customer for all service calls in
				which the locksmith opens a vehicle, building, room, or secured container,
				originates a key, or in any other fashion provides the customer with access to
				any such property.
(e) Locksmiths
				shall endeavor to install all locking devices in compliance with the
				International Building Code, which is incorporated by reference, including
				subsequent amendments and editions, available at no cost at www.iccsafe.org;
				National Fire Protection Association (NFPA) codes, which are incorporated by
				reference, including subsequent amendments and editions, available at no cost
				at www.nfpa.org; the Americans with Disabilities Act; and any local codes or
				ordinances that regulate architectural hardware. Locksmiths shall not install a
				locking device that produces a threat to life or safety. If such a
				(pre-existing) condition is encountered, the locksmith shall inform the client
				and may recommend appropriate remedial action.
(f) Locksmiths shall refuse to provide
				service when there is an unresolved dispute of ownership or authority. Only
				instructions from a uniformed law enforcement officer or a court order shall be
				accepted as resolution of any such dispute.
(g) Locksmiths shall not interfere with the
				maintenance of a known master key system. When master keyed cylinders are
				encountered, the key presented without its corresponding master key shall be
				presumed to be a subordinate key until otherwise determined. The locksmith
				shall attempt to determine the holder of the master key and seek authorization
				for cylinder changes or key origination before the service is
				performed.
(h) Locksmiths shall
				keep key bitting arrays, file keys, and all client information confidential.
				Locksmiths shall not release any information or security device, such as a
				master key or safe combination, to any person without verifying with the owner
				that the recipient is entitled to receive it.
Authority
				  G.S.
				  74F-6;
Temporary Adoption Eff.
				  August 13, 2002;
Eff. August 1, 2004;
Amended Eff.
				  April 1, 2012;
Readopted Eff. June 1,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0500 - CODE OF ETHICS › Section 29 .0504 - TECHNICAL INTEGRITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Locksmiths
				shall service and install security devices at the highest level of security
				afforded by the manufacturer of the product.
(b) Locksmiths shall inform clients of the
				dangers of introducing new keys into a master keyed system without reference to
				the original bitting array. Locksmiths shall not introduce random keys into a
				master keyed system without obtaining the signature of the client on a written
				warning notice of the compromised system.
(c) Locksmiths shall inform clients of the
				dangers in keying a mechanical lock to operate on several keys in a fashion
				that requires multiple chambers to be left empty or stacked with more than two
				master wafers in any chamber (maison keying). Locksmiths shall not key
				mechanical lock cylinders in this fashion without obtaining the signature of
				the client on a written warning notice of the compromised system.
(d) Locksmiths shall follow industry and
				manufacturer standards and insure random and complete recombination of
				cylinders and combination locks for optimal security maintenance. Examples
				include the following:
(1) The repeated use of
				a standard key or combination for multiple customers or job sites.
(2) Filing the plug on a mechanical lock
				cylinder as a means to enlarge the shear line.
(3) Leaving multiple chambers of a mechanical
				lock empty without written notice required by Paragraph (b) of this
				Rule.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0601 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Any person may petition the Board under
				G.S.
				150B-20 to adopt a new rule or to amend or
				repeal an existing rule by sending a written petition for rulemaking to the
				Chair at the Board's address, PO Box 10972, Raleigh, NC 27605. The petition
				shall be entitled "Petition for Rulemaking" and shall include the following
				information:
(1) the name and address of the
				person submitting the petition;
(2)
				a citation for any rule for which an amendment or repeal is requested;
				and
(3) a draft of the proposed new
				rule or amended rule.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0602 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A person
				seeking a declaratory ruling from the Board under
				G.S.
				150B-4 shall file a petition for a
				declaratory ruling that meets the requirements of this Rule.
(b) All petitions for declaratory rulings
				shall be in writing and shall be sent to the Chair at the Board=s address. Each
				petition shall be entitled APetition for Declaratory Ruling@ and shall include
				the following information:
(1) the name and
				address of the petitioner;
(2) the
				statute or rule to which the petition relates;
(3) a statement of the manner in which the
				petitioner has been or may be aggrieved by the statute or rule; and
(4) if the petitioner wishes to make an oral
				presentation to the Board on the petition, a statement requesting an
				opportunity to appear and be heard.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0603 - RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74F-6;
				  150B-11;
				  150B-38;
Temporary
				  Adoption Eff. May 28, 2003;
RRC Objection due to lack of necessity
				  on April 15, 2004.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0604 - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any time an
				individual believes his rights, duties, or privileges have been affected by the
				Board's administrative action, but has not received notice of a right to an
				administrative hearing pursuant to
				G.S.
				150B-38(b), that individual
				may file a request for a hearing.
(b) Before an individual may file a request
				he must first exhaust all reasonable efforts to resolve the issue informally
				with the Board.
(c) Subsequent to
				such informal action, if still dissatisfied, the individual shall submit a
				request to the Board's office, with the request bearing the notation: REQUEST
				FOR ADMINISTRATIVE HEARING. The request shall contain the following
				information:
(1) Name and address of the
				Petitioner;
(2) A concise statement
				of the action taken by the Board that is challenged;
(3) A concise statement of the way in which
				the Petitioner has been aggrieved; and
(4) A specific statement of request for a
				hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0605 - GRANTING OR DENYING HEARING REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board
				shall decide whether to grant a request for a hearing.
(b) The Board shall issue the denial of
				request for a hearing 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) The Board shall signify the approval of a
				request for a hearing by the issuing of a notice as required by
				G.S.
				150B-38(b) and explained in
				Rule .0606 of this Section.
Authority
				  G.S.
				  74F-6;
				  150B-38;
Temporary
				  Adoption Eff. May 28, 2003;
Eff. March 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0606 - NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				give the party or parties in a contested case a notice of hearing not less than
				15 days before the hearing. Said notice shall contain the following
				information, in addition to the items specified in
				G.S.
				150B-38(b):
(1) the name, position, address and telephone
				number of a person at the offices of the Board to contact for further
				information or discussion;
(2) the
				date, time, and place for a pre-hearing conference, if any; and
(3) any other information deemed relevant to
				informing the parties as to the procedure of the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0607 - WHO SHALL HEAR CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74F-6;
				  150B-11;
				  150B-38;
				  150B-40;
Temporary
				  Adoption Eff. May 28, 2003;
RRC Objection due to lack of necessity
				  on April 15, 2004.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0608 - INFORMAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
The Board and the party or parties may agree in advance to
				  simplify the hearing by:
(1)
				decreasing the number of issues to be contested at the hearing;
(2) accepting the validity of certain
				proposed evidence;
(3) accepting
				the findings in some other case with relevance to the case at hand;
				or
(4) agreeing to such other
				matters as may expedite the hearing.
Authority
				  G.S.
				  74F-6;
				  150B-41;
Temporary
				  Adoption Eff. May 28, 2003;
Eff. March 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0609 - PETITION FOR INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				request to intervene shall bear the notation: PETITION TO INTERVENE IN THE CASE
				OF (Name of case).
(b) If the Board
				determines to allow intervention, notice of that decision shall be issued
				promptly to all parties, and to the petitioner. In cases of permissive
				intervention, such notification shall include a statement of any limitations of
				time, subject matter, evidence or whatever else is deemed necessary, that are
				imposed on the intervenor.
(c) If
				the Board's decision is to deny intervention, the petitioner shall be notified
				promptly. Such notice shall be in writing, identifying the reasons for the
				denial, and shall be issued to the petitioner and all parties.
Authority
				  G.S.
				  74F-6;
				  150B-38;
Temporary
				  Adoption Eff. May 28, 2003;
Eff. March 1, 2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0610 - TYPES OF INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Intervention of
				Right. A petition to intervene as of right, as provided in the North Carolina
				Rules of Civil Procedure, Rule 24, shall be granted if the petitioner meets the
				criteria of that rule and the petition is timely.
(b) Permissive Intervention. A petition to
				intervene permissibly as provided in the North Carolina Rules of Civil
				Procedure, Rule 24, shall be granted if the petitioner meets the criteria of
				that rule and the Board determines that:
(1)
				There is legal or factual similarity between the petitioner's claimed rights,
				privileges, or duties and those of the parties to the hearing; and
(2) Permitting intervention by the petitioner
				as a party would aid the purpose of the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0612 - FAILURE TO APPEAR

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74F-6;
				  150B-11;
				  150B-38;
				  150B-40;
Temporary
				  Adoption Eff. May 28, 2003;
RRC Objection due to lack of necessity
				  on April 15, 2004.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0614 - 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 shall exclude witnesses from the
				  hearing room so that they cannot hear the testimony of other
				  witnesses.
Authority
				  G.S.
				  74F-6;
				  150B-38;
				  150B-40;
Temporary
				  Adoption Eff. May 28, 2003;
Eff. March 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0615 - FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
In all cases heard by the Board, the Board shall issue its
				  decision within 60 days after its next regularly scheduled meeting following
				  the close of the hearing. This decision shall be the prerequisite "final agency
				  decision" for the right to judicial review.
Authority
				  G.S.74F-6;
				  150B-38;
				  150B-42;
Temporary
				  Adoption Eff. May 28, 2003;
Eff. March 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0600 - ADMINISTRATIVE LAW PROCEDURES › Section 29 .0616 - PROPOSALS FOR DECISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an
				administrative law judge conducts a hearing pursuant to
				G.S.
				150B-40(e), a "proposal for
				decision" shall be rendered within 45 days of the hearing pursuant to the Rules
				of the Office of Administrative Hearings,
				26 NCAC
				03 .0127. Any party may file written
				exceptions to this "proposal for decision" and submit their own proposed
				findings of fact and conclusions of law. The exceptions and alternative
				proposals must be received within ten days after the party has received the
				"proposal for decision" as drafted by the administrative law judge.
(b) Any exceptions to the procedure during
				the hearing, the handling of the hearing by the administrative law judge,
				rulings on evidence, or any other matter, must be written and refer
				specifically to pages of the record or otherwise precisely identify the
				occurrence to which exception is taken. The exceptions must be filed with the
				Board within ten days of the receipt of the proposal for decision. The written
				exceptions shall bear the notation: EXCEPTIONS TO THE PROCEEDINGS IN THE CASE
				OF (Name of case).
(c) Any party
				may present oral argument to the Board upon request. The request must be
				included with the written exceptions.
(d) Upon receipt of request for further oral
				argument, notice shall be issued promptly to all parties designating time and
				place for such oral argument.
(e)
				Giving due consideration to the proposal for decision and the exceptions and
				arguments of the parties, the Board may adopt the proposal for decision or may
				modify it as the Board deems necessary. The decision rendered shall be a part
				of the record and a copy thereof given to all parties. The decision as adopted
				or modified becomes the "final agency decision" for the right to judicial
				review. Said decision shall be rendered by the Board within 60 days of the next
				regularly scheduled meeting following the oral arguments, if any. If there are
				no oral arguments presented, the decision shall be rendered within 60 days of
				the next regularly scheduled board meeting following receipt of the written
				exceptions.
Authority
				  G.S.
				  74F-6;
				  150B-38;
				  150B-40;
Temporary
				  Adoption Eff. May 28, 2003;
Eff. March 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0700 - LICENSE RENEWAL REQUIREMENTS › Section 29 .0701 - APPLICATION FORM

Current through Register Vol. 39, No. 2, July 15, 2024
All applications for license renewal shall be submitted on
				  the form provided by the Board for this purpose and shall be accompanied by the
				  following items:
(1) two frontal
				photos of the applicant's face, taken within the preceding three months of
				submission of the application, size one inch by one inch;
(2) consent to the performance of a
				nationwide criminal history check to be performed by the Department of Public
				Safety;
(3) truthful explanations
				of affirmative responses to questions on the application regarding employment
				history, criminal history, and military service, if applicable;
(4) payment in full of all applicable fees,
				by credit card, check, or money order;
(5) a copy of the applicant's military
				discharge document (DD-214 or equivalent) if the applicant has actively served
				in the military since applying for his or her previously granted license;
				and
(6) a log, in a format
				specified by the Board, of continuing education hours earned during the
				previous license period, including the sponsor of the program or course, the
				name of the instructor or lecturer, the date, the number of hours, and a
				description of the subject matter included in the course or program.
Authority
				  G.S.
				  74F-6;
				  74F-10;
Eff. February
				  1, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2, 2016;
Amended Eff.
				  January 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0700 - LICENSE RENEWAL REQUIREMENTS › Section 29 .0702 - DUE DATE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications
				for license renewal shall be submitted a minimum of 30 days prior to the date
				of license expiration.
(b)
				Licensees who submit their applications for renewal after the due date but
				before the license expiration date shall pay a late fee of one hundred fifty
				dollars ($150.00), in addition to the license renewal fee set forth in Rule
				.0404 of this Chapter.
(c) The
				Board shall deem applications submitted on the date of their postmark or upon
				receipt by staff at the Board's offices, whichever is earlier.
Authority
				  G.S.
				  74F-6;
				  74F-9;
				  74F-10;
Eff. July 1,
				  2005;
Amended Eff. January 1, 2013;
Readopted Eff. June
				  1, 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0700 - LICENSE RENEWAL REQUIREMENTS › Section 29 .0703 - REINSTATEMENT OF EXPIRED LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee
				with an expired license may apply for reinstatement only if he or she has
				completed at least eight contact hours of continuing education within one year
				preceding the application.
(b)
				Applicants for reinstatement shall pay the following fees:
(1) A license renewal fee as set forth in
				Rule .0404 of this Chapter;
(2) A
				late fee as set forth in Rule .0702 of this Section; and
(3) A reinstatement fee of one hundred fifty
				dollars ($150.00).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0700 - LICENSE RENEWAL REQUIREMENTS › Section 29 .0704 - ESTABLISHMENT OF MORAL AND ETHICAL CHARACTER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board shall apply the same standards specified in Rule .0402 of this Chapter to
				determine each licensee's fitness for license renewal or
				reinstatement.
(b) Applicants must
				disclose all criminal convictions not included on previous applications for
				licensure. Failure to disclose any criminal conviction may be grounds for
				denial of license renewal or reinstatement.
(c) The Board may deny a request for license
				renewal or reinstatement when it determines that the applicant has violated the
				Code of Ethics in Section .0500 these Rules.
Authority
				  G.S.
				  74F-6;
				  74F-7;
				  74F-10;
Eff. February
				  1, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 29 .0801 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definition shall apply to the Rules of this
				  Section: "Contact Hour" means a minimum of 50 minutes of
				  contact.
Authority
				  G.S.
				  74F-6;
Eff. February 1,
				  2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 29 .0802 - REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every licensee
				shall obtain 16 contact hours of continuing education during each 3-year
				renewal cycle, except:
(1) Persons exempted
				from eight contact hours in Rule .0805 of this Section; and
(2) Persons who:
(A) are at least 62 years of age;
(B) have at least 15 years of experience as
				locksmiths;
(C) have been North
				Carolina licensed locksmiths for at least nine years; and
(D) are not subject to an investigation by
				the Board.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 29 .0803 - DETERMINATION OF CREDIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board has
				final authority with respect to approval of course sponsors, courses, programs,
				and contact hours.
(b) The Board
				shall not pre-approve individual courses or programs. The Board may approve
				sponsors and enter into agreements with course and program sponsors in which
				the sponsor agrees to offer courses and programs that comply with the subject
				matter requirements of Rule .0802 of this Section and agrees to maintain for a
				period of four years the records of course content and attendance. In addition,
				the sponsor shall agree to permit a representative of the Board to monitor or
				review any course or program the sponsor offers to North Carolina Licensed
				Locksmiths for credit. Provided the sponsor complies with the sponsor
				agreement, the Board shall accept as valid contact hours earned by licensees
				from approved sponsors.
(c) Credit
				for teaching or instructing qualifying courses shall earn continuing education
				credit for the instructor at the same rate as for participants.
(d) Licensees may claim credit for contact
				hours for courses or programs that have not been presented by approved sponsors
				but only credit from approved sponsors shall be valid. The Board may audit the
				compliance of individual licensees and may require proof of participation in
				courses or programs that conform with the content and contact hour calculation
				contained in the rules of this Section. Such proof shall be in the form of
				records maintained pursuant to Rule .0804 of this Section.
Authority
				  G.S.
				  74F-6;
Eff. February 1,
				  2005;
Readopted Eff. June 1,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 29 .0804 - RECORD KEEPING

Current through Register Vol. 39, No. 2, July 15, 2024
The licensee shall maintain records to support credits
				  claimed and supply such records to the Board at time of renewal. The Board
				  requires any of the following as proof of education:
(1) A log showing the type of activity
				claimed, sponsoring organization, location, duration, the name of the
				instructor or speaker, and the contact hours earned;
(2) Attendance certificates or other written
				evidence of participation issued by the approved sponsor or presenter;
				or
(3) A transcript from an
				approved sponsor detailing the licensee's attendance.
Authority
				  G.S.
				  74F-6;
Eff. February 1,
				  2005;
Readopted Eff. June 1,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 29 .0805 - EXCEPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
A licensee shall be exempt from eight hours of the continuing
				  education requirement per renewal cycle for any of the following
				  reasons:
(1) A licensee serving on
				temporary active duty in the armed forces of the United States for a period
				exceeding 120 consecutive days within the year.
(2) A licensee experiencing physical
				disability or illness if supporting documentation is provided by the licensee.
				Such documentation shall be in the form of a statement from a physician or
				medical records that show that the disability or illness prevented the
				licensee's participation in the following:
(a)
				a course in which the licensee had enrolled; or
(b) a continuing education program for at
				least 120 consecutive days in a year.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 29 - LOCKSMITH LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 29 .0806 - NON COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
If the Board does not approve credits claimed by an
				  applicant, then the licensee shall have 90 calendar days after written
				  notification from the Board to substantiate the original claim as stated in
				  Rule .0804 of this Section or obtain other contact hours to meet the minimum
				  requirements. If the licensee fails to meet this requirement within the 90
				  days, the applicant's license shall expire.
Authority
				  G.S.
				  74F-6;
Eff. February 1,
				  2005;
Readopted Eff. June 1,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 30 .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of the rules in this Chapter is to implement the
				  provisions of the North Carolina Massage and Bodywork Therapy Practice Act, as
				  set forth in G.S. 90, Article 36.
Authority
				  G.S.
				  90-621;
				  90-626;
Temporary
				  Adoption Eff. February 15, 2000;
Eff. April 1, 2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0200 - APPLICATION FOR LICENSE › Section 30 .0202 - INTERVIEWS

Current through Register Vol. 39, No. 2, July 15, 2024
Interviews may be required by the Board if it has questions
				  about the qualifications of an applicant.
Authority
				  G.S.
				  90-626(2);
Temporary Adoption Eff. February 15, 2000;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0200 - APPLICATION FOR LICENSE › Section 30 .0203 - EXEMPTIONS FROM LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Persons who are utilizing certain therapeutic techniques may claim exemption
				from licensure pursuant to
				G.S.
				90-624(6) or (7) only by
				meeting one of the following criteria:
(1)
				Such persons are practicing techniques that are defined by national
				organizations that meet the criteria for exemption set forth in either
				G.S.
				90-624(6) or (7);
				or
(2) Such persons are practicing
				techniques that do not involve any contact with the body of the client;
				or
(3) Such persons are practicing
				techniques that involve resting the hands on the surface of the client's body
				without delivering pressure to or manipulation of the soft tissues.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0200 - APPLICATION FOR LICENSE › Section 30 .0204 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fees are as follows:
(1) Application for Examination of
				Requirements for License $ 20.00
(2) License fee 150.00
(3) License renewal 100.00
(4) Late renewal penalty 75.00
(5) Duplicate license 25.00
(6) Application for Additional Examination of
				Moral Character 150.00
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0200 - APPLICATION FOR LICENSE › Section 30 .0205 - TERM OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Initial
				applications for licensure submitted between October 1 and December 31 shall be
				granted for two full years, plus the additional period of up to three months.
				Initial applications submitted between January 1 and September 30 shall pay the
				full fee, but the initial license period shall be two years, minus the period
				following January 1.
(b) Pursuant
				to G.S.
				90-632, a license shall be renewed for a term
				of two years, beginning on January 1 following the initial expiration
				date.
Authority
				  G.S.
				  90-626(9);
				  90-632;
Eff. September
				  2, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0200 - APPLICATION FOR LICENSE › Section 30 .0206 - BACKGROUND INVESTIGATION REQUIRED FOR APPLICANT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the
				Board determines that an applicant for licensure has:
(1) a pending charge or conviction of a
				criminal offense or domestic violence, or disciplinary action regarding another
				occupational license or certification; or
(2) a civil judgment, termination from
				employment or dismissal from an educational institution related to criminal
				behavior, assault or the massage and bodywork therapy or other health care
				profession, the Board shall investigate the applicant's background.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0300 - LICENSING › Section 30 .0301 - PROFESSIONAL DESIGNATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				All licensees shall use the professional title, "Licensed Massage and Bodywork
				Therapist," or the letters "L.M.B.T." when they are holding themselves out to
				be a licensee in their professional communications.
(b) Licensees shall not use any other letters
				or abbreviations after their name when they are holding themselves out to be a
				licensee in their professional communications, except those that are conveyed
				by a degree from an accredited post-secondary institution, a license from
				another occupational licensing board, or certification from an agency that is
				approved by the National Commission on Certifying Agencies.
(c) Licensees may also use other words
				descriptive of their work, consistent with Rule .0501(1), such as areas of
				clinical specialty, in addition to their primary identification as a Licensed
				Massage and Bodywork Therapist.
Authority
				  G.S.
				  90-623(c);
				  90-626(9);
Temporary Adoption Eff. February 15, 2000;
Eff. April 1,
				  2001;
Amended Eff. September 2, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 30 - MASSAGE AND BODYWORK THERAPY › Section .0300 - LICENSING › Section 30 .0302 - DISPLAY OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
Licensees shall display their Board-issued original license
				  at the licensees' primary place of practice so as to be visible for inspection
				  by the public. Licensees providing massage and bodywork therapy outside their
				  primary place of practice, or at the location of clients, shall have a
				  Board-issued original license or wallet card available for inspection upon
				  request by the public.
Authority
				  G.S.
				  90-626(9);
Temporary Adoption Eff. February 15, 2000;
Eff. April 1,
				  2001;
Amended Eff. September 2, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12, 2014;
Amended Eff.
				  November 15, 2019.