reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter I - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTAL HYGIENIST › Section .0200 - CONTINUING EDUCATION › Section 16I .0201 - CONTINUING EDUCATION REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As a
				  condition of license renewal, each dental hygienist shall complete six clock
				  hours of continuing education each calendar year. The hours may be acquired
				  through self-study courses. To count toward the mandatory continuing education
				  requirement, self-study courses shall be related to clinical patient care and
				  offered by a Board-approved sponsor listed in Rule .0202 of this Section. The
				  dental hygienist shall pass a test administered by the self-study course
				  sponsor and obtain a certificate of completion from the sponsor.
(b) An unexpired certification in CPR is
				  required in addition to the mandatory continuing education hours.
(c) Upon receipt of a written request from
				  the dental hygienist, the Board will grant exemptions from the requirements set
				  out in this Rule and in Rule .0206 of this Section as follows:
(1) A dental hygienist who practices not more
				  than 250 clock hours in a calendar year shall be classified as a semi-retired
				  dental hygienist, and shall:
(A) be exempt
				  from the requirement set out in Paragraph (a) of this Rule to complete six
				  clock hours of continuing education each calendar year; and
(B) maintain an unexpired CPR
				  certification.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter I - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTAL HYGIENIST › Section .0200 - CONTINUING EDUCATION › Section 16I .0202 - APPROVED COURSES AND SPONSORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Courses allowed to satisfy the continuing education requirement shall be
				  related to clinical patient care. Hours spent reviewing dental or dental
				  hygiene publications or videos shall not count toward fulfilling the continuing
				  education requirement, with the exception of self study courses as described in
				  Rule .0201 of this Subchapter that are offered by a Board approved continuing
				  education sponsor.
(b) Approved
				  continuing education course sponsors include:
(1) providers recognized by the American
				  Dental Association's Continuing Education Recognition Program, the Academy of
				  General Dentistry, the American Dental Hygienists' Association, or components
				  of such organizations;
(2) North
				  Carolina Area Health Education Centers;
(3) educational institutions with dental,
				  dental hygiene or dental assisting schools or departments;
(4) national, state, or local societies or
				  associations;
(5) local, state, or
				  federal governmental entities; and
(6) Federally Qualified Health
				  Centers.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter I - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTAL HYGIENIST › Section .0200 - CONTINUING EDUCATION › Section 16I .0203 - REPORTING CONTINUING EDUCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  number of hours completed to satisfy the continuing education requirement shall
				  be indicated on the renewal application form submitted to the Board and
				  certified by the hygienist. Upon request by the Board or its authorized agent,
				  the hygienist shall provide documentation of attendance at courses indicated.
				  Such documentation shall be provided by the organization offering or sponsoring
				  the course. Documentation must include:
(1)
				  the title;
(2) the number of hours
				  of instruction;
(3) the date of the
				  course attended;
(4) the name(s) of
				  the course instructor(s); and
(5)
				  the name of the organization offering or sponsoring the course.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter I - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTAL HYGIENIST › Section .0200 - CONTINUING EDUCATION › Section 16I .0204 - RESERVED FOR FUTURE CODIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter I - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTAL HYGIENIST › Section .0200 - CONTINUING EDUCATION › Section 16I .0205 - PENALTY/NON-COMPLIANCE/CONTINUING EDUCATION REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the applicant for a renewal
				  certificate fails to provide proof of completion of reported continuing
				  education hours for the current year as required by Rules .0201 and .0203 of
				  this Subchapter, the Board shall refuse to issue a renewal certificate for the
				  year for which renewal is sought until the licensee completes the required
				  hours of education for the current year and meets all other qualifications for
				  renewal. If the applicant applies for credit for continuing education hours or
				  a reduction of continuing education hours and fails to provide the required
				  documentation upon request, the Board shall refuse to issue a certificate of
				  renewal until the applicant meets the qualifications for credit.
(b) If an applicant fails to meet the
				  qualifications for renewal, including completing the required hours of
				  continuing education and delivering the required documentation to the Board's
				  office before midnight on March 31 of each year, the license becomes void and
				  the holder must petition the Board for reinstatement.
Authority
					 G.S.
					 90-225.1;
					 90-227;
Eff. May 1,
					 1994;
Amended Eff. April 1, 2015; February 1, 2008; April 1,
					 2001;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9, 2018;
Recodified from
					 21 NCAC
					 16I .0105 Eff. January 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter I - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTAL HYGIENIST › Section .0200 - CONTINUING EDUCATION › Section 16I .0206 - CONTINUING EDUCATION ON SUBSTANCE ABUSE AND MENTAL HEALTH

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every two calendar years, each dental
				  hygienist shall complete one clock hour of continuing education on substance
				  abuse and mental health. To count toward this requirement, the course shall be:
(1) designed to address relevant issues for
				  dental professionals, including substance abuse, chemical dependency,
				  impairment, and mental health disorders; and
(2) offered by a Board-approved sponsor as
				  set out in Rule .0202(b) of this Section.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter J - SANITATION, STERILIZATION, AND INFECTION CONTROL › Section 16J .0101 - PREMISES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The premises of
				a dental facility shall be kept free of rubbish and any substances that create
				a hazard, as follows:
(1) all floors shall be
				free of obstacles to cleaning;
(2)
				reception areas, hallways, treatment areas, office facilities, and other
				walking surfaces shall be free of obstruction;
(3) all equipment and instruments that have
				been used for patient dental care shall be handled in accordance with Rule
				.0103 of this Subchapter; and
(4)
				solid wastes and medical wastes shall be handled and disposed of in accordance
				with 15A
				NCAC 18A .1300, which is incorporated by
				reference, including subsequent amendments.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter J - SANITATION, STERILIZATION, AND INFECTION CONTROL › Section 16J .0102 - REPEALED - HOUSEKEEPING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-23;
				  90-48;
Eff. September
				  3, 1976;
Readopted Eff. September 26, 1977;
Repealed
				  Eff. May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter J - SANITATION, STERILIZATION, AND INFECTION CONTROL › Section 16J .0103 - STERILIZATION AND INFECTION CONTROL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				instruments or equipment used in the treatment of dental patients shall be
				sterilized according to manufacturer specifications.
(b) All settings in which licensees engage in
				the practice of dentistry or dental hygiene ("dental settings") shall comply
				with the recommendations and guidelines of the Centers for Disease Control and
				Prevention ("CDC") for infection prevention and control directed at or
				applicable to dental settings. The CDC recommendations and guidelines are
				incorporated by reference, including subsequent amendments and editions, and
				are available at no cost online at
https://www.cdc.gov
.
(c) All licensees are responsible for
				utilizing and maintaining sterilization and infection control techniques and
				precautions as required by this Rule to prevent the cross contamination and
				transmission of infection to all persons.
Authority
				  G.S.
				  90-41(a)(23);
				  90-48;
				  90-233(a5);
Eff. September 3, 1976;
Readopted Eff. September 26,
				  1977;
Amended Eff. February 1, 2008; May 1, 1991;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9, 2018;
Amended Eff. June
				  1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter K - DENTAL SCHOOL EXTENSION FACILITIES › Section 16K .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-29(c)(4);
Eff. September 3, 1976;
Readopted Eff. September 26,
				  1977;
Repealed Eff. May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter K - DENTAL SCHOOL EXTENSION FACILITIES › Section 16K .0103 - INSTRUCTORS TO BE APPROVED

Current through Register Vol. 39, No. 2, July 15, 2024
All dentists acting as instructors in dental school extension
				  facilities shall be approved by that official of a North Carolina school of
				  dentistry who is generally responsible for faculty
				  appointments.
Authority
				  G.S.
				  90-29(c)(4);
Eff. September 3, 1976;
Readopted Eff. September 26,
				  1977;
Amended Eff. April 1, 2015; May 1, 1989;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter K - DENTAL SCHOOL EXTENSION FACILITIES › Section 16K .0104 - NO FEES FOR SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Any student enrolled in a dental school extension facility
				  shall receive no fees, compensation or remuneration of any kind or nature for
				  dental services rendered by him other than for expenses incurred or such
				  subsistence allowance as is authorized and permitted by the agency or entity
				  wherein or for which said services are rendered in accordance with
				  G.S.
				  90-29(c)(4).
Authority
				  G.S.
				  90-29(c)(4);
Eff. September 3, 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. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter K - DENTAL SCHOOL EXTENSION FACILITIES › Section 16K .0105 - REPEALED - EXTENSION OF SCHOOL OF DENTISTRY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-29(c)(4);
Eff. September 3, 1976;
Readopted Eff. September 26,
				  1977;
Repealed Eff. May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter K - DENTAL SCHOOL EXTENSION FACILITIES › Section 16K .0106 - REPORTS TO BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
Every North Carolina school of dentistry shall keep the Board
				  informed of the:
(1) location and kind
				of patients seen at each dental school extension facility;
(2) names of the students assigned there;
				and
(3) names and qualifications of
				all instructors functioning therein.
Authority
				  G.S.
				  90-29(c)(4);
Eff. September 3, 1976;
Readopted Eff. September 26,
				  1977;
Amended Eff. April 1, 2015; May 1, 1989;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter L - BOARD OF DENTAL ELECTIONS › Section 16L .0101 - BALLOTS

Current through Register Vol. 39, No. 2, July 15, 2024
Ballots shall contain the name and practicing address of each
				  nominee.
Authority
				  G.S.
				  90-22;
Eff. September 3,
				  1976;
Readopted Eff. September 26, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter L - BOARD OF DENTAL ELECTIONS › Section 16L .0102 - NOTICE TO NOMINEE

Current through Register Vol. 39, No. 2, July 15, 2024
Each nominee shall be notified by the Secretary of the Board
				  of Elections of his nomination before midnight May 20.
Authority
				  G.S.
				  90-22;
Eff. September 3,
				  1976;
Readopted Eff. September 26, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter L - BOARD OF DENTAL ELECTIONS › Section 16L .0103 - REPEALED - NOMINATED BOARD MEMBER DISQUALIFIED FROM VOTE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-22;
Eff. September 3,
				  1976;
Readopted Eff. September 26, 1977;
Repealed Eff.
				  May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter L - BOARD OF DENTAL ELECTIONS › Section 16L .0104 - SOLICITATIONS FOR VOTES

Current through Register Vol. 39, No. 2, July 15, 2024
Solicitations for votes shall not:
(1) be false or misleading or imply
				endorsement by the Board;
(2)
				contain a material misrepresentation of fact;
(3) misrepresent credentials, degrees,
				education, or experience of the candidate;
(4) include false or misleading testimonials
				or endorsements;
(5) mislead or
				deceive because only partial disclosure of relevant facts are made;
(6) contain representations or implications
				that the solicitation materials were generated by the Board; or
(7) use or refer to the Board's name or any
				variation of the Board's name on the candidate's letterhead, envelopes,
				postcards or other printed or electronic media. The candidate may indicate that
				he or she is a candidate for election to the Board.
Authority
				  G.S.
				  90-22;
				  90-48;
Eff. April 1,
				  2003;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter M - FEES PAYABLE › Section .0100 - FEES PAYABLE › Section 16M .0101 - DENTISTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				  fees shall be payable to the Board:
(1)
				  Application for general dentistry license $ 395.00
(2) Renewal of general dentistry license $
				  289.00
(3) Application for
				  instructor's license or renewal thereof $ 140.00
(4) Application for provisional license $
				  100.00
(5) Application for intern
				  permit or renewal thereof $ 150.00
(6) Certificate of license to a resident
				  dentist desiring to change to another state or territory $ 25.00
(7) Duplicate license $ 25.00
(8) Reinstatement of license $
				  225.00
(9) Fee for late renewal of
				  any license or permit $ 50.00
(10)
				  Application for license by credentials $2000.00
(11) Application for limited volunteer dental
				  license $ 100.00
(12) Renewal of
				  limited volunteer dental license $ 25.00
(13) Board conducted examination processing
				  fee $ 805.00
(14) Application for
				  license by endorsement $ 395.00
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter M - FEES PAYABLE › Section .0100 - FEES PAYABLE › Section 16M .0102 - DENTAL HYGIENISTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				  fees shall be payable to the Board:
(1)
				  Application for examination conducted by the Board $275.00
(2) Renewal of dental hygiene license
				  $81.00
(3) Reinstatement of license
				  $60.00
(4) Application for
				  provisional licensure $60.00
(5)
				  Certificate to a resident dental hygienist desiring to change to another state
				  or territory $25.00
(6)
				  Application for license by credentials $750.00
(7) License application processing fee
				  $75.00
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter M - FEES PAYABLE › Section .0100 - FEES PAYABLE › Section 16M .0103 - PRIMARY SOURCE VERIFICATION FEE

Current through Register Vol. 39, No. 2, July 15, 2024
All primary source verification requests must be in
					 writing. Primary source verifications shall be provided in writing only for a
					 fee of fifteen dollars ($15.00).
Authority
					 G.S.
					 150B-19(5);
Eff.
					 August 1, 1998;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0100 - PETITIONS FOR ADOPTION OF RULES › Section 16N .0101 - PETITION FOR RULEMAKING HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Any person wishing to submit a petition requesting the
					 adoption, amendment or repeal of a rule by the Board shall address the petition
					 to the Board's office. The envelope containing the petition should clearly bear
					 the notation: RULEMAKING PETITION RE: and then the subject area, for example,
					 DENTAL PRACTICE ACT or DENTAL HYGIENE ACT.
Authority
					 G.S.
					 150B-16;
Eff. August 25,
					 1977;
Amended Eff. May 1, 1989; March 1, 1985;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0100 - PETITIONS FOR ADOPTION OF RULES › Section 16N .0102 - CONTENTS OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
The petition shall include the following
					 information:
(1) An indication of the
				  subject area to which the petition is directed; for example, "This is a
				  petition to hold a rulemaking hearing to amend Rule .0000 of Subchapter X
				  pertaining to delegable duties to dental auxiliaries";
(2) Either a draft of the proposed rule or a
				  summary of its contents;
(3)
				  Reasons for the proposal;
(4) The
				  effect on existing rules or orders;
(5) Any data supporting the
				  proposal;
(6) Affect of the
				  proposed rule on existing practices in the area involved, including cost
				  factors;
(7) Names of those most
				  likely to be affected by the proposed rule, with addresses if reasonably known;
				  and
(8) Name and address of each
				  petitioner.
Authority
					 G.S.
					 150B-16;
Eff. August 25,
					 1977;
Amended Eff. May 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0100 - PETITIONS FOR ADOPTION OF RULES › Section 16N .0103 - DISPOSITION OF PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Board will determine whether the public interest would be served by the
				  adoption, amendment or repeal of the requested rule. Prior to making this
				  determination, the Board may:
(1) Request
				  additional information from the petitioner;
(2) Contact interested persons or those
				  likely to be affected by the proposed rule and request comments; and
(3) It may use any other appropriate method
				  for obtaining information on which to base its determination. It will consider
				  all the contents of the petition submitted plus any other information obtained
				  by the means described herein.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0200 - NOTICE OF RULEMAKING HEARINGS › Section 16N .0201 - REPEALED - NOTICE OF PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-28;
					 90-48;
					 90-223(b);
					 150B-12;
					 150B-60;
Eff. August
					 25, 1977;.
Amended Eff. October 1, 1986;
Repealed Eff.
					 May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0200 - NOTICE OF RULEMAKING HEARINGS › Section 16N .0202 - NOTICE OF MAILING LIST

Current through Register Vol. 39, No. 2, July 15, 2024
Any person or agency desiring to be placed on the mailing
					 list for the Board's rulemaking notices may file a written request in the
					 Board's office. The letter of request should state those particular subject
					 areas within the authority of the Board concerning which notice is desired. The
					 Board may require reasonable postage and stationery costs to be paid by those
					 requesting such notices.
Authority
					 G.S.
					 90-48;
					 90-223(b);
					 150B-12(c);
Eff. August 25, 1977;
Amended Eff. May 1, 1989; March 1,
					 1985;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0200 - NOTICE OF RULEMAKING HEARINGS › Section 16N .0203 - EXPIRED - ADDITIONAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-48;
					 90-223(b);
					 150B-12;
Eff. August
					 25, 1977;
Amended Eff. March 1, 1985;
Expired Eff.
					 February 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0300 - RULEMAKING HEARINGS › Section 16N .0301 - REPEALED - REQUEST TO PARTICIPATE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-48;
					 150B-12(a);
Eff. August 25, 1977;
Amended Eff. May 1, 1989;
Repealed Eff. April 1, 2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0300 - RULEMAKING HEARINGS › Section 16N .0302 - CONTENT OF REQUEST: GENERAL TIME LIMITATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Presentations at Board rule making hearings shall be
					 limited to 15 minutes unless the Board prescribes some other time
					 limit.
Authority
					 G.S.
					 90-48;
					 90-223(b);
					 150B-12(a);
Eff. August 25, 1977;
Amended Eff. April 1, 2014; May 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0300 - RULEMAKING HEARINGS › Section 16N .0303 - REPEALED - RECEIPT OF REQUEST: SPECIFIC TIME LIMITS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-48;
					 90-223(b);
					 150B-12(a);
Eff. August 25, 1977;
Amended Eff. May 1, 1989.
Repealed Eff. April 1, 2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0300 - RULEMAKING HEARINGS › Section 16N .0304 - WRITTEN SUBMISSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Any person may file a written submission containing data,
					 comments or arguments after publication of notice of a rulemaking hearing up to
					 the date of hearing. The Board may in its discretion grant an additional 30
					 days after a hearing for further comment and argument. These written comments
					 should be sent to the Board's office. They should clearly state the rule or
					 proposed rule to which such comments are addressed.
Authority
					 G.S.
					 90-48;
					 90-223(b);
					 150B-12;
Eff. August
					 25, 1977;
Amended Eff. May 1, 1989; March 1, 1988; October 1, 1986;
					 March 1, 1985;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0300 - RULEMAKING HEARINGS › Section 16N .0305 - BOARD PRESIDENT TO PRESIDE: POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
The president of the Board shall preside at a rulemaking
					 hearing and shall be authorized to do the following:
(1) Grant any extension of time in connection
				  with a request for the presentation of oral data, views or arguments;
(2) Recognize any prospective
				  speaker;
(3) Extend or shorten the
				  time allotted for any particular presentation; and
(4) Direct the overall proceedings including
				  management of any questions directed to any speaker by any Board
				  member.
Authority
					 G.S.
					 90-48;
					 90-223(b);
					 150B-12(a);
Eff. August 25, 1977;
Amended Eff. May 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0300 - RULEMAKING HEARINGS › Section 16N .0306 - REPEALED - STATEMENT OF REASONS FOR DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-28;
					 150B-60(4);
					 90-48;
					 90-223(b);
					 150B-12(e);
Eff. August 25, 1977;
Repealed Eff. May 1,
					 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0300 - RULEMAKING HEARINGS › Section 16N .0307 - RECORD OF PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
A record of all rulemaking proceedings will be maintained
					 in the Board's office for as long as the rule is in effect, and for five years
					 thereafter, following filing. This record will contain: the original petition
					 if any, the notice, all written memoranda and information submitted, and any
					 record or summary of oral presentations, if any. A record of the rulemaking
					 proceedings will be available for public inspection during the regular office
					 hours of the Board.
Authority
					 G.S.
					 90-48;
					 90-223(b);
					 150B-12(e);
Eff. August 25, 1977;
Amended Eff. May 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0300 - RULEMAKING HEARINGS › Section 16N .0308 - REPEALED - TEMPORARY RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-28;
					 150B-13;
Eff. August
					 25, 1977;
Amended Eff. April 1, 1988;
Repealed Eff. May
					 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0400 - DECLARATORY RULINGS › Section 16N .0401 - REPEALED - SUBJECTS OF DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-28;
					 90-48;
					 90-223(b);
					 150B-17;
Eff. August
					 25, 1977;
Amended Eff. October 1, 1986;
Repealed Eff.
					 May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0400 - DECLARATORY RULINGS › Section 16N .0402 - SUBMISSION OF REQUEST FOR RULING

Current through Register Vol. 39, No. 2, July 15, 2024
All requests for declaratory rulings shall be written and
					 mailed to the Board's office. The envelope containing the request should bear
					 the notation: REQUEST FOR DECLARATORY RULING. The request must include the
					 following information:
(1) Name and
				  address of petitioner;
(2) Statute
				  or rule to which petition relates;
(3) Concise statement of the manner in which
				  petitioner is aggrieved by the rule or statute or its potential application to
				  him; and
(4) A statement of whether
				  an oral hearing is desired and if so, the reason therefor.
Authority
					 G.S.
					 150B-4;
Eff. August 25,
					 1977;
Amended Eff. May 1, 1989; October 1, 1986; March 1,
					 1985;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0400 - DECLARATORY RULINGS › Section 16N .0403 - DISPOSITION OF REQUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the Board
				  deems it appropriate to issue a declaratory ruling, it shall issue the
				  declaratory ruling as soon as practicable but no longer than the period set out
				  in G.S.
				  150B-4(a1).
(b) A declaratory ruling proceeding may
				  consist of written submissions or other procedures the Board determines to be
				  in the interests of justice and judicial economy based on the content and
				  circumstances of the request.
(c)
				  Whenever the Board finds good cause exists to deny the request for a
				  declaratory ruling, the Board may deny the request to issue a declaratory
				  ruling. In that event, the Board shall notify the petitioner of its decision in
				  writing, stating the reasons for the denial of the declaratory
				  ruling.
(d) For purposes of
				  Paragraph (c) of this Rule, good cause for the denial of a declaratory ruling
				  request may include one of the following:
(1)
				  the petitioner does not show that the circumstances are changed since the
				  adoption of the rule and a declaratory ruling would be warranted;
(2) at the time the rule was adopted, the
				  Board gave full consideration to the factors specified in the request for a
				  declaratory ruling;
(3) there has
				  been a previous determination of a contested case involving similar factual
				  questions; or
(4) the subject
				  matter of the request is involved in pending litigation in any State or federal
				  court in North Carolina.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0400 - DECLARATORY RULINGS › Section 16N .0404 - RECORD OF DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
A record of all declaratory ruling proceedings will be
					 maintained in the Board's office for as long as the ruling is in effect and for
					 five years thereafter. This record will contain: the request, all written
					 submissions filed on the request, whether filed by the petitioner or any other
					 person, and a record or summary of all the oral presentations, if any. Records
					 of declaratory ruling proceedings will be available for public inspection
					 during the Board's regular office hours.
Authority
					 G.S.
					 150B-4;
Eff. August 25,
					 1977;
Amended Eff. May 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0400 - DECLARATORY RULINGS › Section 16N .0405 - REPEALED - DEFINITION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-28;
					 150B-17;
					 90-48;
					 90-223(b);
					 150B-60(4);
					 150B-12(e);
Eff. August 25, 1977;
Repealed Eff. May 1,
					 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0500 - ADMINISTRATIVE HEARING PROCEDURES › Section 16N .0501 - RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
When the Board acts, or proposes to act, other than in
					 rulemaking or declaratory ruling proceedings, in a manner that will affect the
					 rights, duties, or privileges of a licensee or applicant for a license or
					 permit, such person has a right to an administrative hearing. When the Board
					 proposes to act in such a manner, it shall give such person notice of his right
					 to a hearing by mailing by certified mail to him at his last known address a
					 notice of the proposed action and a notice of a right to a hearing. Notice of
					 hearing may also be given by any method of service permitted in
					 G.S.
					 150B-38(c), by a signed
					 acceptance of service from such person, or by delivery to the person's attorney
					 of record who accepts service on behalf of the person.
Authority
					 G.S.
					 150B-38(h);
Eff.
					 August 25, 1977;
Amended Eff. May 1, 1989; November 20,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9, 2018;
Amended Eff.
					 October 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0500 - ADMINISTRATIVE HEARING PROCEDURES › Section 16N .0502 - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any individual
				  who believes his or her rights, duties, or privileges have been affected by the
				  Board's administrative action, but who has not received a notice of a right to
				  an administrative hearing, may file a request for hearing.
(b) The individual shall submit a request to
				  the Board's office, containing the following information:
(1) Name and address of the
				  petitioner;
(2) A concise statement
				  of the action taken by the Board which is challenged;
(3) A concise statement of the way in which
				  petitioner has been aggrieved; and
(4) A clear and specific statement of request
				  for a hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0500 - ADMINISTRATIVE HEARING PROCEDURES › Section 16N .0503 - GRANTING OR DENYING HEARING REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Board will decide whether to grant a request for a hearing.
(b) The denial of request for a hearing will
				  be issued immediately upon decision, and in no case later than 60 days after
				  the submission of the request. Such denial shall contain a statement of the
				  reasons leading the Board to deny the request.
(c) Approval of a request for a hearing will
				  be signified by issuing a notice as required by
				  G.S.
				  150B-38(b) and explained in
				  Rule .0504 of this Section.
Authority
					 G.S.
					 90-28;
					 150B-38;
Eff. August
					 25, 1977;
Amended Eff. May 1, 1989; April 1, 1988; October 1, 1986;
					 November 20, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0500 - ADMINISTRATIVE HEARING PROCEDURES › Section 16N .0504 - 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 office of the Board to contact for further
				  information or discussion; and
(2)
				  A statement explaining that the Respondent may be represented by counsel,
				  testify, offer evidence, and cross examine adverse witnesses at the
				  hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0500 - ADMINISTRATIVE HEARING PROCEDURES › Section 16N .0505 - WHO SHALL HEAR CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
All administrative hearings shall be conducted by a panel
					 consisting of a majority of Board members eligible to vote on the issue, or an
					 administrative law judge designated to hear the case pursuant to
					 G.S.
					 150B-40(e).
Authority
					 G.S.
					 150B-38;
					 150B-40;
Eff. August
					 25, 1997;
Amended Eff. April 1, 2015; March 1, 1988; October 1,
					 1986; November 20, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0500 - ADMINISTRATIVE HEARING PROCEDURES › Section 16N .0506 - PETITION FOR INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  person desiring to intervene in a contested case shall file a written petition
				  with the Board's office. The request shall bear the notation: PETITION TO
				  INTERVENE IN THE CASE OF (NAME OF CASE).
(b) The petition shall include the following
				  information:
(1) the name and address of
				  petitioner;
(2) the business or
				  occupation of petitioner;
(3) the
				  name and citation of the hearing in which petitioner is seeking to
				  intervene;
(4) the grounds for
				  intervention or a statement that no grounds exist;
(5) any claim or defense in respect to which
				  intervention is sought; and
(6) a
				  summary of the arguments or evidence petitioner seeks to present.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0500 - ADMINISTRATIVE HEARING PROCEDURES › Section 16N .0507 - TYPES OF INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Intervention of
				  Right. A petition to intervene 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 his petition is timely.
(b) Permissive Intervention. A petition to
				  intervene permissively, as provided in the North Carolina Rules of Civil
				  Procedure, Rule 24, will be granted if the petitioner meets the criteria of
				  that rule and the Board determines that:
(1)
				  There is sufficient legal or factual similarity between the petitioner's
				  claimed rights, privileges, or duties and those of the parties to the hearings;
				  and
(2) Permitting intervention by
				  the petitioner as a party would aid the purpose of the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES › Section 16N .0601 - REPEALED - FAILURE TO APPEAR

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-28;
					 90-48;
					 90-223(b);
					 150B-25(a);
					 150B-60(4);
Eff. August 25, 1977;
Amended Eff. November 20, 1980;
Repealed Eff. April 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES › Section 16N .0602 - SIMPLIFICATION OF ISSUES

Current through Register Vol. 39, No. 2, July 15, 2024
The parties to a contested case, specifically including the
					 Board, may agree in advance to simplify the hearing by decreasing the number of
					 the issues to be contested at the hearing, accepting the validity of certain
					 proposed evidence, accepting the findings in some other case which relates to
					 the case at hand or agreeing to such other matters as may expedite the
					 hearing.
Authority
					 G.S.
					 150B-38;
					 150B-40;
Eff. August
					 25, 1977;
Amended Eff. May 1, 1989; November 20, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES › Section 16N .0603 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A request 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 documents
				  sought with specificity;
(3)
				  include the 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.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES › Section 16N .0604 - FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
The Board will issue the final decision in all contested
					 cases. This decision is the prerequisite "final agency decision" for the right
					 to judicial review.
Authority
					 G.S.
					 90-48;
					 90-223(b);
					 150B-43;
Eff. August
					 25, 1977;
Amended Eff. May 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.