reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0300 - APPLICATION PROCEDURE › Section 12A .0303 - APPLICATION FOR LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  General. Applications for licensure shall contain the following:
(1) the Social Security Number of examinees
				  and qualifiers and tax identification numbers for corporate
				  applicants;
(2) the applicant's
				  contact information;
(3) the name
				  of business under which the licensee will be operating, if any;
(4) requested designation of license
				  limitation and classifications;
(5)
				  statements and supporting documentation about all crimes of which the applicant
				  has been convicted;
(6) certified
				  copies of court records reflecting information regarding all crimes of which
				  the applicant and qualifiers have been convicted;
(7) statements and supporting documentation
				  indicating whether the applicant or qualifiers has any disciplinary history
				  with the Board or any other occupational licensing, registration, or
				  certification agency;
(8)
				  statements and supporting documentation establishing financial responsibility
				  as required by
				  G.S.
				  87-10(a) and Rule .0204 of
				  this Subchapter;
(9) letters of
				  reference as prescribed in Rule .0308 of this Subchapter; and
(10) the application fee as set forth in Rule
				  .0304 of this Subchapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0300 - APPLICATION PROCEDURE › Section 12A .0304 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall charge the following fees
				  related to license applications:
(1)
				  Application for limited license: $75.00;
(2) Application for intermediate license:
				  $100.00;
(3) Application for
				  unlimited license: $125.00;
(4)
				  Application for increase in limitation: $100.00 for increase to intermediate
				  license and $125.00 for increase to unlimited license; and
(5) Late renewal: $10.00 per month for every
				  month or part after the first day of January.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0300 - APPLICATION PROCEDURE › Section 12A .0305 - FILING ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. February
					 1, 1976;
Amended Eff. June 23, 1977;
Readopted Eff.
					 September 26, 1977;
Amended Eff. May 1, 1989;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Repealed Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0305 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0300 - APPLICATION PROCEDURE › Section 12A .0306 - FILING DEADLINE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Amended
					 Eff. June 1, 1994; June 1, 1992;
Repealed Eff. April 1,
					 2001;
Recodified from
					 21 NCAC
					 12 .0306 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0300 - APPLICATION PROCEDURE › Section 12A .0307 - NOTICE OF APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Amended
					 Eff. May 1, 1989;
Repealed Eff. August 1, 2000;
Recodified from
					 21 NCAC
					 12 .0307 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0300 - APPLICATION PROCEDURE › Section 12A .0308 - CHARACTER REFERENCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each applicant
				  shall submit to the Board three written evaluations of the applicant as to the
				  character reference's knowledge of and experience with the applicant. If the
				  applicant is a legal entity, character references shall be submitted for all
				  individuals who sign the application on behalf of the applicant including the
				  qualifier. If the applicant is a sole proprietorship, character references
				  shall be for the applicant itself.
(b) All character references shall include:
(1) name of the person submitting the
				  reference;
(2) mailing address,
				  phone number, and email address of the person submitting the
				  reference;
(3) date of the
				  reference; and
(4) information
				  regarding the reference's knowledge of and experience with the applicant or
				  person about whom the reference is being provided.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0300 - APPLICATION PROCEDURE › Section 12A .0309 - LICENSURE FOR MILITARY-TRAINED APPLICANT; LICENSURE FOR MILITARY SPOUSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Licensure for a military-trained
				  applicant. Upon receipt of a request for licensure pursuant to
				  G.S.
				  93B-15.1 from a military-trained applicant,
				  the Board shall issue a license to the applicant who satisfies the following
				  conditions:
(1) submission of a complete
				  Application for License to Practice General Contracting;
(2) submission of a license fee in accordance
				  with G.S.
				  87-10;
(3) providing documentation to satisfy
				  conditions set out in
				  G.S.
				  93B-15.1(a)(1) and (2);
				  and
(4) providing documentation
				  that the applicant has not committed any act in any jurisdiction that would
				  constitute grounds for refusal, suspension, or revocation of a license in North
				  Carolina at the time the act was committed.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0400 - EXAMINATION › Section 12A .0401 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-1;
					 87-10;
					 87-15.1;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Repealed
					 Eff. May 1, 1989;
Recodified from
					 21 NCAC
					 12 .0401 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0400 - EXAMINATION › Section 12A .0402 - SUBJECT MATTER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Examinations
				  for licensure shall ascertain the following:
(1) The criteria set out in
				  G.S.
				  87-10(b); and
(2) The qualifiers's knowledge of the
				  practice of general contracting within the specific classification(s) he or she
				  is seeking to be qualified as described in Rule .0202 of this
				  Chapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0400 - EXAMINATION › Section 12A .0403 - NUMBER OF EXAMINATIONS TAKEN

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant must take one different examination for each
					 classification of general contracting for which the applicant seeks
					 licensure.
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Amended
					 Eff. May 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0403 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0400 - EXAMINATION › Section 12A .0404 - PASSING GRADE

Current through Register Vol. 39, No. 2, July 15, 2024
Persons taking the examination shall receive a score of at
					 least 70 in order to pass the examination.
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Amended
					 Eff. January 1, 1983;
Repealed Eff. May 1, 1989;
Codifier approved agency's waiver request to reuse rule number;
Eff. April 1, 2018;
Recodified from
					 21 NCAC
					 12 .0404 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0400 - EXAMINATION › Section 12A .0405 - EXAMINATION SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
Upon approval of the application by the Board, applicants
					 will be notified as to the instructions for scheduling the required examination
					 or examinations. Applicants may receive details from the examinations provider
					 concerning the actual date, time and location to report for the examination or
					 examinations requested.
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Amended
					 Eff. August 1, 2000; May 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0405 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0400 - EXAMINATION › Section 12A .0406-.0407

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Amended
					 Eff. January 1, 1983;
Repealed Eff. May 1, 1989;
Recodified from
					 21 NCAC
					 12 .0406 and
					 12 .0407 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0400 - EXAMINATION › Section 12A .0408 - PERSON TAKING EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Amended
					 Eff. April 1, 2006; September 1, 1992; May 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Repealed Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0408 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0400 - EXAMINATION › Section 12A .0409 - REVIEW WORKSHOP CHARGE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-10;
					 150B-19(5)d;
Eff. June 1, 1992;
Repealed Eff. April 1, 2004;
Recodified from
					 21 NCAC
					 12 .0409 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0400 - EXAMINATION › Section 12A .0410 - FAILING EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-10;
Eff. December 1,
					 1995;
Amended Eff. August 1, 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Repealed Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0410 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0500 - LICENSE › Section 12A .0501 - LICENSE GRANTED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) License numbers
				  shall be included on all contracts and bids.
(b) If a licensee files Articles of
				  Dissolution or the N.C. Department of the Secretary of State withdraws the
				  licensee's Certificate of Authority, the Board shall archive the
				  license.
(c) A licensee shall
				  notify the Board within 30 days of a change in ownership or a filing with the
				  N.C. Department of the Secretary of State that amends or changes the corporate
				  structure of the licensed entity.
Authority
					 G.S.
					 87-1;
					 87-10;
					 87-12;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Amended
					 Eff. May 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff.
					 September 1, 2019;April 1, 2018;
Recodified from
					 21 NCAC
					 12 .0501 Eff. January 2, 2020;
Amended Eff. January 1, 2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0500 - LICENSE › Section 12A .0502 - TEMPORARY LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall issue a temporary license only as required
					 by G.S.
					 93B-15.1.
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0502 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0500 - LICENSE › Section 12A .0503 - RENEWAL OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications
				  for renewal of license shall contain the following:
(1) the Social Security Number of the
				  applicant and qualifier(s) and tax identification number for corporations,
				  LLCs, or partnerships;
(2) the
				  applicant's contact information;
(3) the name of business under which licensee
				  will be operating, if any;
(4)
				  information regarding any changes made in the status of the licensee's
				  business, since the initial application or last renewal was submitted to the
				  Board, whichever is later;
(5)
				  confirmation of license limitation and classifications;
(6) information about all crimes of which the
				  applicant has been convicted since the initial application or last renewal was
				  submitted to the Board, whichever is later;
(7) documentation regarding all crimes
				  referenced above;
(8) information
				  indicating whether the applicant has any disciplinary history with any other
				  occupational licensing, registration, or certification agency since the initial
				  application or last renewal was submitted to the Board, whichever is
				  later;
(9) an attestation that the
				  applicant maintains continued financial responsibility pursuant to Rule .0204
				  of this Chapter;
(10) if
				  applicable, proof that the surety bond is maintained in compliance with Rule
				  .0204 of this Chapter;
(11) if
				  necessary, proof of completion of continuing education requirements;
				  and
(12) the application fee and
				  any accrued late fees as set forth in Rule .0304 of this Chapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0500 - LICENSE › Section 12A .0504 - INCREASE IN LIMITATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General. A
				  person, firm, or corporation holding a valid license to engage in the practice
				  of general contracting in North Carolina may apply for a different limitation
				  by making application for such different limitation with the Board. The
				  application shall contain the following:
(1)
				  the Social Security Number of individual applicant, qualifier(s), and tax
				  identification number for corporations, LLCs, or partnerships;
(2) the applicant's contact
				  information;
(3) the exact name of
				  the business as reflected on the previously issued license that is subject to
				  the limitation increase application;
(4) information regarding any changes made in
				  the status of the licensee's business since the initial application or last
				  renewal was submitted to the Board, whichever is later;
(5) confirmation of license limitation and
				  classifications;
(6) requested
				  limitation;
(7) an audited
				  financial statement prepared in accordance with Rule .0204 of this
				  Chapter;
(8) if applicable, proof
				  that the surety bond is maintained in compliance with Rule .0204 of this
				  Chapter; and
(9) the application
				  fee as set forth in Rule .0304 of this Chapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0500 - LICENSE › Section 12A .0505 - MAINTAINING CURRENT ADDRESS; NOTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All licensees, applicants, and qualifiers shall notify the Board of any change
				  in mailing address, phone number, or email address within 30 days from the date
				  of the change. Notice shall be given in writing or through the Board's website
				  portal for licensees.
(b)
				  Notification from the Board shall be deemed received if mailed to the address
				  provided by the licensee and shown in the records of the Board.
Authority
					 G.S.
					 87-8;
Eff. June 1,
					 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0505 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0500 - LICENSE › Section 12A .0506 - CHARGE FOR STATUS OF LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall charge persons requesting a verified copy
					 of all or part of its roster of licensed contractors a fee to cover the cost of
					 copying and mailing.
Authority
					 G.S.
					 87-8;
					 87-13;
					 150B-19(5);
Eff. June 1, 1992;
Amended Eff. May 1, 2006; May 1,
					 1995;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0506 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0500 - LICENSE › Section 12A .0507 - FUND SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
In the event the Board's authority to expend funds is
					 suspended pursuant to
					 G.S.
					 93B-2, the Board shall continue to issue and
					 renew licenses and 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.
					 87-4;
					 93B-2;
Eff. June 1,
					 2011;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0507 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0500 - LICENSE › Section 12A .0508 - REPORTING CRIMINAL CONVICTIONS AND DISCIPLINARY ACTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any licensee who is convicted of any
				  felony or misdemeanor, or who is disciplined by or enters into a conciliation
				  agreement or consent order with any governmental agency in connection with any
				  occupational license, shall file with the Board a Criminal Conviction
				  Disciplinary Action Reporting Form of such conviction or action within 60 days
				  of the final judgment, order, or disposition in the case. The Criminal
				  Conviction Disciplinary Action Reporting Form is available on the Board's
				  website at www.nclbgc.org or upon request to the Board. In the Form, the
				  licensee shall set forth the following:
(1)
				  full legal name of individual reporting the conviction or
				  conciliation;
(2) physical and
				  mailing address;
(3) license
				  number;
(4) telephone
				  number;
(5) email
				  address;
(6) date of birth;
				  and
(7) description of the criminal
				  conviction and disciplinary action, including the jurisdiction and file
				  number.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0600 - RULE-MAKING PROCEDURES › Section 12A .0601-.0605

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150A-12;
					 150A-12(d);
					 150A-13;
					 150A-16;
					 150A-17;
Eff.
					 February 1, 1976;
Amended Eff. June 23, 1977;
Readopted
					 Eff. September 26, 1977;
Repealed Eff. January 1, 1983;
Recodified from
					 21 NCAC
					 12 .0601-12
					 .0605 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0600 - RULE-MAKING PROCEDURES › Section 12A .0607 - WAIVER

Current through Register Vol. 39, No. 2, July 15, 2024
The Board may waive any rule in this Chapter that is not
					 statutorily required if a licensee, qualifier, continuing education course
					 provider, or continuing education course instructor submits a written request.
					 Factors the Board shall use in determining whether to grant the waiver
					 are:
(1) degree of disruption to the
				  Board;
(2) cost to the
				  Board;
(3) degree of benefit to the
				  public;
(4) whether the requesting
				  party had control over the circumstances that required the requested
				  waiver;
(5) notice to and
				  opposition by the public;
(6) need
				  for the waiver; and
(7) previous
				  requests for waivers submitted from the requesting party.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0700 - BOARD DISCIPLINARY PROCEDURES › Section 12A .0701 - IMPROPER PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Complaint. Any
				  person who believes that a licensed general contractor is in violation of the
				  provisions of
				  G.S.
				  87-11 may file a complaint with the Board
				  against a licensee, qualifier, or both by setting forth in writing those
				  charges and swearing to their authenticity. The complaint shall be submitted to
				  the Board and include the complainant's contact information, project location,
				  and name of the licensee, qualifier, or both.
(b) Preliminary or Threshold Determination:
(1) A complaint filed in accordance with
				  G.S.
				  87-11(a1) shall be forwarded
				  to a staff investigator for investigation. Within 30 days, the Board shall
				  forward a written notice of the complaint to the licensee and qualifier(s)
				  against whom the charge is made. The notice shall request a response from the
				  licensee and qualifier(s). The Board shall send notice of the charge and of the
				  alleged facts or alleged conduct by first class mail to the last known address
				  and by email to the address of the licensee and qualifier(s).
(2) After the investigation is complete, the
				  charge shall be referred to the review committee. The review committee shall
				  consist of the following individuals:
(A) one
				  member of the Board;
(B) the
				  Secretary-Treasurer or his designee; and
(C) a staff person agreed upon by the
				  individuals listed above.
(3) Based upon the complaint and
				  investigation, the review committee shall recommend to the Board that:
(A) The charge be dismissed;
(B) When the charge is admitted as true by
				  the licensee and qualifier(s), the Board accept the licensee's and
				  qualifier(s') admission of guilt and order the licensee and qualifier(s) not to
				  commit in the future the act or acts admitted by him to have been violated and
				  not to violate any of the acts of misconduct specified in
				  G.S.
				  87-11 at any time in the future; or
(C) The charge, whether admitted or denied,
				  be presented to the full Board for a hearing and determination by the Board on
				  the merits of the charge in accordance with the substantive and procedural
				  requirements of the provisions of Section .0800 of this Chapter and the
				  provisions of
				  G.S.
				  87-11. Prior to the charge's being heard and
				  determined by the Board, it may be resolved by consent order.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0700 - BOARD DISCIPLINARY PROCEDURES › Section 12A .0702 - UNLICENSED PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Complaint. Any
				  person who believes that a person, firm, or corporation is in violation of the
				  acts specified in
				  G.S.
				  87-13 may file a complaint against that
				  person, firm, or corporation. The complaint shall be filed with the Board and
				  include the complainant's contact information, project location, and name of
				  alleged violator.
(b) Preliminary
				  or Threshold Determination:
(1) A complaint
				  filed in accordance with
				  G.S.
				  87-13 shall be forwarded to a staff
				  investigator for investigation. Board staff shall investigate the charge to
				  determine whether there is probable cause to believe that a party against whom
				  a charge has been brought violated the provisions of
				  G.S.
				  87-13.
(2) After the investigation is complete, the
				  charge shall be referred to the review committee. The review committee shall
				  consist of the following individuals:
(A) one
				  member of the Board;
(B) the
				  Secretary-Treasurer or his designee; and
(C) a staff person agreed upon by the
				  individuals listed above.
(3) Based upon the complaint and
				  investigation, if the review committee determines that probable cause exists
				  that a person, firm, or corporation is practicing general contracting without a
				  license, it shall recommend to the Board that injunctive relief be sought. If
				  the Board concurs with the review committee's recommendation, the investigation
				  shall be forwarded to Board counsel to seek injunctive relief. If the review
				  committee does not believe that the person, firm, or corporation is practicing
				  general contracting without a license, it shall recommend to the Board
				  dismissal of the complaint. Once dismissed, the Board shall notify the
				  complainant.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0700 - BOARD DISCIPLINARY PROCEDURES › Section 12A .0703 - FEE FOR SUBMITTAL OF BAD CHECK

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board
				  shall charge the maximum processing fee allowed by
				  G.S.
				  25-3-506 if a check submitted to the Board is
				  returned by a financial institution because of insufficient funds or because
				  the drawer did not have an account at that bank.
(b) Until such time as the drawer of the bad
				  check has paid the prescribed fee, the drawer shall not be eligible to take an
				  examination, review an examination, obtain a license, or have the license
				  renewed. For the purpose of this Rule, "prescribed fee" shall mean the sum of:
(1) the maximum processing fee allowed by
				  G.S.
				  25-3-506;
(2) the renewal or application fee, whichever
				  is applicable; and
(3) the late
				  payment fee described in
				  G.S.
				  87-10(e).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0801-.0815

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 1A-1; Rule 24; 1A-1; Rules 26 through 33;
					 87-10; 87-11; 87-15.1; 150A-3; 150A-23; 150A-23(a); 150A-24 through 150A-33;
					 150A-36; 150A-37;
Eff. February 1, 1976;
Amended Eff.
					 June 23, 1977;
Readopted Eff. September 26, 1977;
Repealed Eff. January 1, 1983;
Recodified from
					 21 NCAC
					 12 .0801-12
					 .0815 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0816 - REPEALED ADMINISTRATIVE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150A-11;
					 150A-14;
Eff.
					 January 1, 1983;
Amended Eff. December 1, 1985;
Repealed Eff. September 1, 1988;
Recodified from
					 21 NCAC
					 12 .0816 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0817 - REPEALED RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-11(b);
					 150B-11;
					 150B-38;
Eff.
					 September 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Repealed Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0817 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0818 - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A person
				  aggrieved as defined by
				  G.S.
				  150B-2 may submit a request for a hearing
				  pursuant to
				  G.S.
				  150B-38 before the Board in writing 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 aggrieved
				  person;
(2) a statement of the
				  action taken by the Board that is challenged; and
(3) a statement of the way in which the
				  aggrieved person has been aggrieved.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0819 - 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 denial of request for a hearing shall
				  be issued immediately upon decision, and in no case later than 60 days after
				  the submission of the request. Such denial shall contain a statement of the
				  reasons leading the Board to deny the request.
(c) Approval of a request for a hearing shall
				  be signified by the issuing of a notice as required by
				  G.S.
				  150B-38(b).
Authority
					 G.S.
					 87-11(b);
					 150B-38;
Eff.
					 September 1, 1988;
Amended Eff. July 1, 2008;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0819 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0820 - 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 comply with
				  G.S.
				  150B-38(b).
(b) Based upon information received, if the
				  Board determines that the public health, safety, or welfare requires emergency
				  action, it may issue an order summarily suspending a license or exam
				  credentials. Upon service of the order, the licensee or qualifier to whom the
				  order is directed shall cease the practice of general contracting in North
				  Carolina. The Board shall give notice of hearing pursuant to
				  G.S.
				  150B-38 following service of the order. The
				  suspension shall remain in effect pending issuance by the Board of a final
				  agency decision pursuant to
				  G.S.
				  150B-42.
Authority
					 G.S.
					 87-4;
					 87-11(b);
					 150B-3(c);
					 150B-38;
Eff.
					 October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0820 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0821 - WHO SHALL HEAR CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
All administrative hearings will be conducted by the Board,
					 a panel consisting of a majority of the members of the Board, or an
					 administrative law judge designated to hear the case pursuant to
					 G.S.
					 150B-40(e).
Authority
					 G.S.
					 87-11(b);
					 150B-38;
					 150B-40;
Eff.
					 October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0821 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0822 - 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: decreasing the number of issues to be contested at the
					 hearing; accepting the validity of certain proposed evidence; accepting the
					 findings in some other case with relevance to the case at hand; or agreeing to
					 such other matters as may expedite the hearing.
Authority
					 G.S.
					 87-11(b);
					 150B-41;
Eff.
					 October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0822 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0823 - PETITION FOR INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  person desiring to intervene in a contested case must file a written petition
				  with the Board's office. The request should bear the notation: PETITION TO
				  INTERVENE IN THE CASE OF (Name of case).
(b) The petition must include the following
				  information:
(1) The name and address of
				  petitioner;
(2) The business or
				  occupation of petitioner, where relevant;
(3) A full identification of the hearing in
				  which petitioner is seeking to intervene;
(4) The statutory or non-statutory grounds
				  for intervention;
(5) Any claim or
				  defense in respect of which intervention is sought; and
(6) A summary of the arguments of evidence
				  petitioner seeks to present.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0824 - TYPES OF INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Intervention of
				  Right. A petition to intervene as of right, as provided in the North Carolina
				  Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the
				  criteria of that rule and the petition is timely.
(b) Permissive Intervention. A petition to
				  intervene permissibly as provided in the North Carolina Rules of Civil
				  Procedure, Rule 24, will be granted if the petitioner meets the criteria of
				  that rule and the Board determines that:
(1)
				  There is sufficient legal or factual similarity between the petitioner's
				  claimed rights, privileges, or duties and those of the parties to the 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 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0825 - DISQUALIFICATION OF BOARD MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-11(b);
					 150B-11;
					 150B-38;
					 150B-40;
Eff.
					 October 1, 1988;
Expired Eff. August 1, 2016 pursuant to
					 G.S.
					 150B-21.3A;
Recodified from
					 21 NCAC
					 12 .0825 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0826 - FAILURE TO APPEAR

Current through Register Vol. 39, No. 2, July 15, 2024
Should a party fail to appear at a scheduled hearing, the
					 Board may proceed with the hearing and make its decision in the absence of the
					 party, provided that the party has been given notice in accordance with
					 G.S.
					 150B-38 and unless otherwise directed by law.
					 The Board may order a continuance in order to give the party another
					 opportunity to appear as determined on a case by case basis and upon good cause
					 shown.
Authority
					 G.S.
					 87-4;
					 87-11(b);
					 150B-38;
					 150B-40;
Eff.
					 October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0826 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0827 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Requests for
				  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:
(1) be made in writing to the
				  Board;
(2) identify any document
				  sought;
(3) include the full name
				  and home or business address of all persons to be subpoenaed; and
(4) if known, the date, time, and place for
				  responding to the subpoena.
The Board shall issue the requested subpoenas within three
					 days of receipt of the request.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0828 - WITNESSES

Current through Register Vol. 39, No. 2, July 15, 2024
Any party may be a witness and may present witnesses on the
					 party's behalf at the hearing. All oral testimony at the hearing shall be under
					 oath or affirmation and shall be recorded. At the request of a party or upon
					 the Board's own motion, the presiding officer may exclude witnesses from the
					 hearing room to preserve the integrity of the testimony presented at the
					 hearing. At the request of a party, witness, or the Board, a witness shall
					 appear by videoconference, via live face-to-face video. Requests to appear by
					 videoconference are to be directed to the Board or the Board's attorney not
					 less than two business days prior to the date of the hearing.
Authority
					 G.S.
					 87-11(b);
					 150B-38;
					 150B-40;
Eff.
					 September 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0828 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0829 - FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
In all cases heard by the Board, the Board shall issue a
					 final written decision within 60 days following the close of the hearing. This
					 decision will be the prerequisite "final agency decision" for the right to
					 judicial review.
Authority
					 G.S.
					 87-4;
					 87-11(b);
					 150B-38;
					 150B-42;
Eff.
					 September 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0829 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0800 - CONTESTED CASES › Section 12A .0830 - PROPOSALS FOR DECISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If an
				  administrative law judge hears a contested case pursuant to
				  G.S.
				  150B-40(e), a party may file
				  written exception and alternative finding of facts and conclusions of law to
				  the "proposal for decision" issued by the administrative law judge. The written
				  exceptions and alternative findings of facts and conclusions of law shall be
				  received by the Board within 10 days after the party has received the "proposal
				  for decision" as drafted by the administrative law judge.
(b) Any exceptions shall be written and refer
				  specifically to pages of the record or otherwise 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) Pursuant to
				  G.S.
				  150B-40(e), 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, Board staff shall issue
				  notice to all parties designating time and place for such oral
				  argument.
(e) The Board's final
				  decision shall be a part of the record, a copy shall be given to all parties,
				  and shall be the "final agency decision" for the right to judicial review. The
				  final written decision shall be issued by the Board within 60 days from the
				  date oral arguments were presented to the Board. If there are no oral arguments
				  presented, the final written decision shall be issued within 60 days of the
				  date on which the Board rendered its decision.
Authority
					 G.S.
					 87-4;
					 87-11(b);
					 150B-38;
					 150B-40;
Eff.
					 September 1, 1988;
Amended Eff. July 1, 2008;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0830 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0900 - HOMEOWNERS RECOVERY FUND › Section 12A .0901 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions apply to the Board's
					 administration of the Homeowners Recovery Fund established pursuant to Article
					 1A, Chapter 87 of the General Statutes:
(1) "Constructing or altering" means
				  contracting for the construction or alteration of a single-family residential
				  dwelling unit.
(2) "Dishonest
				  conduct" means conduct described in
				  G.S.
				  87-15.5(3).
(3) "Incompetent conduct" means conduct which
				  demonstrates a lack of ability or fitness to discharge a duty associated with
				  undertaking to construct or alter a single-family residential dwelling or the
				  supervision of such construction or alteration.
(4) "Owner or former owner" means a person
				  who contracted with a general contractor for the construction or purchase of a
				  single-family residential dwelling unit. "Owner or former owner" does not
				  include a person who is a spouse, child, parent, grandparent, sibling, partner,
				  associate, officer, or employee of a general contractor whose conduct caused a
				  reimbursable loss. In addition, the term does not include general contractors
				  or any financial or lending institution, or any owner or former owner of a
				  single-family residential dwelling unit that has been the subject of an award
				  from the Homeowners Recovery Fund resulting from the same dishonest or
				  incompetent conduct. "Owner or former owner" does not include the owner or
				  former owner of real property who purchased, owned, constructed, altered, or
				  contracted for construction or alteration of a single-family residential
				  dwelling unit without intending to occupy the single-family residential
				  dwelling unit as a residence.
(5)
				  "Substantial completion" means that degree of completion of a project,
				  improvement or specified area or portion thereof whereupon the owner can use
				  the same for its intended use.
(6)
				  "Separately owned residence" means a building whose construction is governed by
				  the residential building code adopted by the Building Code Council pursuant to
				  G.S.
				  143-138.
Authority
					 G.S.
					 87-4;
					 87-15.6;
Eff. January
					 4, 1993;
Amended Eff. April 1, 2014; July 1, 2008; April 1, 2007;
					 April 1, 2001; August 1, 2000; August 1, 1998;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0901 Eff. January 2,
					 2020.