reglab/statecodes huggingface dataset:
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 .0902 - MANAGEMENT OF FUND

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Secretary-Treasurer, as the Board's Chief Administrative Officer, shall:
(1) Establish a special account of the Board
				  for those monies collected pursuant to
				  G.S.
				  87-15.6(b);
(2) Make expenditures from the fund as
				  authorized by
				  G.S.
				  87-15.7(b) by signing checks
				  for expenditures after the checks are signed by the Chairman.
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 .0903 - APPLICATION FOR PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Homeowners
				  meeting the requirements of
				  G.S.
				  87-15.8 who wish to file for reimbursement
				  from the Homeowners Recovery Fund shall provide the following information on an
				  application prescribed by the Board:
(1) the
				  applicant's name and address,
(2)
				  the amount of the claim,
(3) a
				  description of the acts of the general contractor which constitute the grounds
				  for the claim, and
(4) a statement
				  that the applicant has exhausted all civil remedies or the general contractor
				  has filed for bankruptcy.
Requests for the application form shall be directed to the
					 Board at the address shown in Rule .0101 of this Chapter.
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 .0904 - FILING DEADLINE AND SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Applicants seeking recovery from the fund shall be forever barred unless
				  application is made within one year after termination of all proceedings,
				  including appeals, in connection with an unsatisfied judgment obtained against
				  a general contractor. Claims based upon the bankruptcy, death, or dissolution
				  of the general contractor shall be forever barred unless application is made
				  within three years from the date of discovery by the applicant of the facts
				  constituting the dishonest or incompetent conduct or within six years of
				  substantial completion of the construction or alteration of the residence in
				  question, whichever comes first.
(b) Applications shall be filed at the
				  address shown in Rule .0101 of this Chapter. The Board shall serve a copy of
				  the application upon the general contractor who allegedly caused the loss.
				  Service shall be accomplished by certified mail, return receipt requested, or
				  other methods authorized by
				  G.S.
				  150B-38(c).
Authority
					 G.S.
					 87-15.6;
					 87-15.7;
					 87-15.8;
Eff. January
					 4, 1993;
Amended Eff. April 1, 2007; 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 .0904 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 .0905 - MULTIPLE CLAIMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any time the
				  Board has notice of more than one application or potential claim for payment
				  from the fund arising out of the conduct of a single general contractor, the
				  Board may, in its discretion, direct that all applications filed before a date
				  determined by the Board, be consolidated for hearing.
(b) When consolidation is appropriate, the
				  Board shall issue to the general contractor, the applicants and potential
				  claimants, an Order of Consolidation setting forth the deadline for filing all
				  applications to be consolidated. On or before the deadline, the Board may, in
				  its discretion, either extend the deadline or issue to the general contractor
				  and all applicants notice of the time, date and place set for a hearing on the
				  consolidated applications.
(c)
				  Claims for which the Board has received no notice or for which no application
				  has been filed prior to the deadline set forth in the Order of Consolidation
				  shall not be considered by the Board until after the completion of all
				  proceedings relating to the consolidated applications and payment
				  thereon.
Authority
					 G.S.
					 87-15.6;
					 87-15.7;
Eff. January
					 4, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0905 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 .0906 - PROCESSING OF CLAIM APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Staff
				  shall refer a filed application for a claim to the Recovery Fund Review
				  Committee. The Recovery Fund Review Committee is a committee made up of the
				  following individuals:
(1) one member of the
				  Board;
(2) the legal counsel of the
				  Board; and
(3) the
				  Secretary-Treasurer.
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 .0907 - HOMEOWNERS RECOVERY FUND HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If it
				  is determined by the Recovery Fund Review Committee that the Board should
				  conduct a hearing on an application, the Board shall give the applicant and
				  general contractor notice of hearing not less than 15 days before the hearing.
				  Notice of hearing to the general contractor shall be sufficient if mailed to
				  the last known address of the general contractor at least 15 days prior to the
				  date of the hearing. This notice shall contain the following information:
(1) The name, position, address and telephone
				  number of a person at the offices of the Board to contact for further
				  information or discussion;
(2) The
				  date, time, and place for a pre-hearing conference, if any; and
(3) Any other information being relevant to
				  informing the parties as to the procedure of the hearing.
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 .0908 - ORDER DIRECTING PAYMENT FROM FUND

Current through Register Vol. 39, No. 2, July 15, 2024
After any hearing, the Board may find that an applicant
					 should be paid from the fund and the Board may enter an Order requiring payment
					 from the fund in whatever sum the Board deems appropriate in accordance with
					 the limitations contained in Rule .0910 of this Chapter. All payments are a
					 matter of privilege and not of right.
Authority
					 G.S.
					 87-15.5;
					 87-15.6;
					 87-15.7;
					 87-15.8;
Eff. January
					 4, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0908 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 .0909 - SETTLEMENT OF CLAIMS

Current through Register Vol. 39, No. 2, July 15, 2024
The claim or claims forming the basis of an application for
					 recovery from the fund may be compromised and settled by the applicant and the
					 general contractor after the filing of the application. The parties shall
					 notify the Board immediately of any such settlement. Payment of the claim, in
					 whole or in part, by the general contractor as part of a settlement will result
					 in the claim no longer being a "reimbursable loss" as defined by
					 G.S.
					 87-15.5(6)(b), and the claim
					 will be dismissed by the Board.
Authority
					 G.S.
					 87-15.6;
					 87-15.7;
					 87-15.8;
Eff. January
					 4, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0909 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 .0910 - LIMITATIONS; PRO RATA DISTRIBUTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Payments from the fund for an approved application shall not exceed an amount
				  equal to 10 percent of the total amount in the fund at the time the application
				  is approved by the Board. All applications considered by the Board at the same
				  meeting shall be subject to the same limitation.
(b) Consequential damages, multiple or
				  punitive damages, civil or criminal penalties or fines, incidental damages,
				  special damages, interest, and court costs shall not constitute monetary
				  losses.
Authority
					 G.S.
					 87-15.6;
					 87-15.7;
					 87-15.8;
Eff. March 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0910 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 .0911 - SUBROGATION OF RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
When the Board has paid from the fund any sum to the
					 applicant, the Board shall be subrogated to the rights of the applicant and the
					 applicant shall assign to the Board all of his rights, title, and interest in
					 the claim to the extent of the amount paid from the fund.
Authority
					 G.S.
					 87-15.6;
					 87-15.7;
					 87-15.9;
Eff. January
					 4, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0911 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 .0912 - ACTIONS AGAINST GENERAL CONTRACTOR

Current through Register Vol. 39, No. 2, July 15, 2024
Nothing contained in these Rules shall prohibit or limit
					 the authority of the Board to take disciplinary action against its licensees or
					 to seek injunctive relief against those persons who have engaged in the
					 unauthorized practice of general contracting. Stipulations made between the
					 general contractor and the applicant as part of settlement or compromise of any
					 claim shall not be binding on the Board in any disciplinary proceeding or
					 action for injunction.
Authority
					 G.S.
					 87-11;
					 87-13;
					 87-13.1;
					 87-15.6;
Eff. January
					 4, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0912 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0100 - GENERAL › Section 12B .0101 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To ensure
				  continuing efforts on the part of licensed general contractors to remain
				  current with new developments in all aspects of general contracting and to
				  encourage better business practices and safety in the profession, continuing
				  education is required as a condition of license renewal. If required pursuant
				  to G.S.
				  87-10.2(a), a licensee shall
				  submit, as a part of his or her renewal application, evidence that he or she
				  has met the Board's continuing education requirements as set forth in this
				  Section. Except as provided in Rule .0104 of this Subchapter, renewal
				  applications that do not contain this information shall be deemed
				  incomplete.
(b) This Subchapter
				  shall apply to all aspects of continuing education as set forth in
				  G.S.
				  87-10.2.
(c) For the purposes of this Subchapter, the
				  terms "sponsor" and "provider" shall be synonymous.
Authority
					 G.S.
					 87-10.2;
Temporary Adoption Eff.
					 January 2, 2020;
Eff. September 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0100 - GENERAL › Section 12B .0102 - CONTINUING EDUCATION CREDIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Beginning with renewals filed for the 2021 license year, a licensee shall
				  designate at least one qualifier who shall complete eight continuing education
				  (CE) hours during the year preceding renewal.
(b) For the purposes of this Subchapter,
				  "elective courses" are defined as courses relating to the subject matter of
				  general contracting as described in
				  G.S.
				  87-1 and
				  87-10 that address general
				  business practices, including business planning, contracts, liability exposure,
				  human resources, basic accounting, financial statements, and safety.
(c) One credit hour is equal to 50 minutes of
				  instructional time.
Authority
					 G.S.
					 87-1;
					 87-10;
					 87-10.2;
Temporary
					 Adoption Eff. January 2, 2020;
Eff. September 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0100 - GENERAL › Section 12B .0103 - CONTINUING EDUCATION RECORDS; AUDIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee
				  shall maintain records of a qualifier's attendance at continuing education
				  programs for which CE credit has been approved for four years following the
				  processing date of the renewal application to which the CE credits were
				  applied.
(b) Compliance with annual
				  CE requirements shall be determined through a random audit process conducted by
				  the Board. Licensees selected for auditing shall provide the Board with the
				  following documentation of the CE activities claimed for the renewal period:
(1) attendance verification records;
				  and
(2) information regarding
				  course content, instructors, and sponsoring organization.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0100 - GENERAL › Section 12B .0104 - EXTENSION OF TIME

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				  grant a licensee an extension of time to complete CE requirements during a
				  period of service in the Armed Forces of the United States upon submission of
				  the following to the Board:
(1) written
				  request for an extension; and
(2)
				  documentation that the licensee or his or her qualifier is serving in the Armed
				  Forces of the United States and is eligible for an extension of time to file a
				  tax return pursuant to
				  G.S.
				  105-249.2.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0100 - GENERAL › Section 12B .0105 - INACTIVE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Requests for
				  inactive status as described in
				  G.S.
				  87-10.2(h) shall be in
				  writing and shall contain the following:
(1)
				  license name and number issued by the Board;
(2) name(s) of qualifier(s);
(3) if required, proof of active license
				  status with the Board; and
(4)
				  certification that the individual submitting the request is authorized by the
				  licensee to do so.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0200 - PROVIDERS › Section 12B .0201 - APPLICATION FOR INITIAL APPROVAL OF CONTINUING EDUCATION PROVIDER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Only continuing education providers
				  approved by the Board shall be eligible to offer continuing education courses.
				  If a third party advertises or hosts an approved course, all materials
				  advertising the course shall include the approved provider's name.
(b) Prospective providers of all courses
				  shall obtain written approval from the Board to conduct courses prior to
				  conducting courses and prior to advertising or otherwise representing that a
				  course is or may be approved for general contractor continuing education credit
				  in North Carolina. No retroactive approval to conduct continuing education
				  courses will be granted.
(c) Any
				  entity seeking initial approval to be a continuing education provider shall
				  apply using a form available on the Board's website that requires the applicant
				  to set forth:
(1) the legal name of applicant
				  and any assumed business name;
(2)
				  the applicant's mailing address, telephone number, and email address;
(3) the SOS ID number issued by the NC
				  Secretary of State, if applicable;
(4) the legal names of the provider's owners,
				  members, managers or partners;
(5)
				  the name of a continuing education coordinator who shall serve as the contact
				  person for the provider; and
(6)
				  the signature of the applicant or its legal designee.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0200 - PROVIDERS › Section 12B .0202 - EXPIRATION AND RENEWAL OF PROVIDER APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  Board approvals issued to providers shall expire annually on December 1
				  following issuance of approval.
(b)
				  A provider shall submit an application for renewal of its approval within 45
				  days immediately preceding expiration of approval on a form available on the
				  Board's website. The provider renewal application form shall include:
(1) the provider's name;
(2) the provider ID number issued by the
				  Board;
(3) the name of the
				  provider's designated continuing education coordinator;
(4) the provider's mailing address, telephone
				  number, and web address, if applicable;
(5) any change in the provider's business
				  entity; and
(6) the signature of
				  the provider or its legal designee.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0200 - PROVIDERS › Section 12B .0203 - DENIAL OR WITHDRAWAL OF PROVIDER APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Board may deny or withdraw approval of any continuing education provider upon
				  finding that the provider or the continuing education coordinator in the employ
				  of the provider:
(1) made any false
				  statements or presented any false, incomplete, or incorrect information in
				  connection with an application for course or provider approval or
				  renewal;
(2) made any false
				  statements in course advertisement or promotional materials;
(3) provided false, incomplete, or incorrect
				  information in connection with any reports the continuing education provider is
				  required to submit to the Board;
(4) delivered CE course content that
				  infringed upon copyright or any intellectual property right of
				  another;
(5) provided the Board a
				  check or credit card for required fees that was not honored by a financial
				  institution or bank or returned for insufficient funds;
(6) collected money from licensees and
				  qualifiers for a continuing education course but refused or failed to provide
				  the promised instruction;
(7)
				  intentionally provided false, incomplete, or misleading information relating to
				  general contractors licensing, education matters, or the qualifier's education
				  requirements or license status;
(8)
				  failed to submit the CE Roster Reports as required by Rule .0206 of this
				  Subchapter;
(9) failed to submit
				  the per student fee as required by
				  21 NCAC
				  12A .0304; or
(10) failed to comply with any other
				  provision of this Chapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0200 - PROVIDERS › Section 12B .0204 - ATTENDANCE; ROSTER REPORTS AND CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Qualifiers shall provide proof of identity upon arrival at a class
				  session.
(b) At the conclusion of
				  any continuing education course, the provider shall submit to the Board a CE
				  Roster Report verifying each qualifier's completion of the course. The CE
				  Roster Report shall be submitted to the Board and shall contain the following:
(1) provider's name;
(2) provider's ID number assigned by the
				  Board;
(3) course instructor's name
				  and ID number;
(4) course's name
				  and ID number;
(5) course
				  completion date;
(6) name and
				  qualifier ID number of each student who completed the course; and
(7) name, qualifier ID number, and reason
				  given for each student who requested but was denied credit by the
				  provider.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0200 - PROVIDERS › Section 12B .0205 - COURSE SCHEDULING

Current through Register Vol. 39, No. 2, July 15, 2024
Continuing education providers shall not offer, conduct, or
					 allow a student to complete any continuing education course between December 1
					 and December 31, inclusive.
Authority
					 G.S.
					 87-10.2(b);
Temporary Adoption Eff. January 2, 2020;
Eff. September 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0200 - PROVIDERS › Section 12B .0206 - RECORDS AND BOARD REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  providers shall retain on file for four years records of student registration
				  and attendance for each session of an approved continuing education course that
				  is conducted and shall make such records available to the Board upon request
				  during an investigation.
(b)
				  Providers shall admit any Board authorized representative to monitor any
				  continuing education class without prior notice. Such representatives shall not
				  be required to register or pay any fee and shall not be reported as having
				  completed the course.
Authority
					 G.S.
					 87-10.2(b);
Temporary Adoption Eff. January 2, 2020;
Eff. September 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0300 - COURSES › Section 12B .0301 - COURSE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All continuing
				  education courses shall:
(1) cover subject
				  matter related to the practice of general contracting and offer knowledge or
				  skills that will enable general contractors to better serve consumers and the
				  public interest;
(2) offer two or
				  four continuing education credit hours;
(3) include materials for students that
				  provide the information to be presented in the course; and
(4) be taught only by an instructor who
				  possesses education or experience in a field related to the course.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0300 - COURSES › Section 12B .0302 - APPROVAL AND RENEWAL OF ELECTIVE COURSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior
				  to obtaining the Board's written approval of a continuing education elective
				  course, providers shall not offer, advertise, or otherwise represent that any
				  continuing education elective course is, or may be, approved for continuing
				  education credit in North Carolina.
(b) A provider seeking initial approval of a
				  proposed elective course shall complete an application on a form available on
				  the Board's website that requires the applicant to set forth the following:
(1) title of the proposed elective
				  course;
(2) provider's legal name,
				  address, and telephone number;
(3)
				  continuing education coordinator's name;
(4) provider's ID number, if previously
				  approved;
(5) credit hours awarded
				  for completing the course;
(6)
				  subject matter of the course as evidenced by course outlines, PowerPoint
				  slides, videos, or other similar materials;
(7) identity of the course content
				  owner;
(8) written permission of
				  the course content owner, if other than the applicant;
(9) certification that the course content
				  does not infringe upon any copyright or any intellectual property right of
				  another;
(10) identity of
				  prospective instructors; and
(11)
				  signature of the provider or its legal designee.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0300 - COURSES › Section 12B .0303 - MANDATORY COURSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				  annually develop a Mandatory course as described in
				  G.S.
				  87-10.2(b) and shall provide
				  instructional materials for use by providers.
(b) Only approved continuing education
				  providers shall offer the Mandatory course to students. Only approved
				  instructors pursuant to Rule .0401 of this Subchapter shall instruct the
				  Mandatory course.
(c) Providers
				  shall obtain written approval from the Board prior to offering, advertising, or
				  otherwise representing that any Mandatory course is being offered for
				  continuing education credit in North Carolina.
(d) A provider seeking approval to offer the
				  Mandatory course shall submit an application form available on the Board's
				  website that shall require the following:
(1)
				  provider's legal name, address, telephone number, and website;
(2) continuing education coordinator's
				  name;
(3) if applicable, provider's
				  ID number assigned by the Board;
(4) if applicable, name and instructor ID
				  number of prospective instructors; and
(5) signature of the applicant or its legal
				  designee.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0400 - INSTRUCTORS › Section 12B .0401 - APPLICATION AND CRITERIA FOR INITIAL INSTRUCTOR APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A provider seeking initial instructor
				  approval shall submit an application on a form available on the Board's website
				  that requires the instructor applicant to indicate the course(s) for which he
				  or she is seeking approval and set forth the instructor applicant's:
(1) legal name, address, email address, and
				  telephone number;
(2) general
				  contractor's license number, qualifier ID number, and instructor ID number, if
				  any, assigned by the Board;
(3)
				  education background, including specific general contracting
				  education;
(4) experience in the
				  general contracting industry;
(5)
				  professional licenses or certifications held by the prospective
				  instructor;
(6) teaching
				  experience, if any; and
(7)
				  signature of the prospective instructor.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0400 - INSTRUCTORS › Section 12B .0402 - RENEWAL AND EXPIRATION OF INSTRUCTOR APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Board
				  approval of instructors shall expire annually on December 1 following issuance
				  of Board approval.
(b) A provider
				  shall file an application for a previously approved instructor renewal no less
				  than 30 days immediately preceding expiration of approval. The instructor
				  renewal application shall include the instructor's:
(1) legal name, address, email address, and
				  telephone number;
(2) general
				  contractor's license number and qualifier ID number, if applicable, and
				  instructor ID number assigned by the Board;
(3) course name(s) and course number(s) for
				  which the provider is seeking approval as an instructor; and
(4) signature.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter B - CONTINUING EDUCATION › Section .0400 - INSTRUCTORS › Section 12B .0403 - DENIAL OR WITHDRAWAL OF INSTRUCTOR APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
The Board may deny or withdraw approval of any instructor
					 applicant or approved instructor upon finding that the instructor or instructor
					 applicant:
(1) has failed to meet the
				  criteria for approval described in Rule .0401 of this Subchapter or the
				  criteria for renewal of approval described in Rule .0402 of this Subchapter at
				  the time of application or at any time during an approval period;
(2) made any false statements or presented
				  any false, incomplete, or incorrect information in connection with an
				  application for approval or renewal of approval or any report that is required
				  to be submitted in accordance with this Subchapter;
(3) has failed to submit to the Board any
				  report, course examination, or video recording required by this
				  Subchapter;
(4) has failed to
				  demonstrate the ability to teach any elective or Mandatory course in a manner
				  consistent with the course materials;
(5) engaged in any other improper,
				  fraudulent, or dishonest conduct as determined by the Board; or
(6) failed to comply with any other
				  provisions of this Chapter.
Authority
					 G.S.
					 87-10.2(d);
Temporary Adoption Eff. January 2, 2020;
Eff. September 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0100 - ORGANIZATION RULES › Section 14A .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions set forth in
					 G.S.
					 88B-2, the following definitions apply in
					 this Chapter:
(1) "Beauty
				  Establishment" refers to both cosmetic art schools and cosmetic art
				  shops.
(2) "Clean" is the removal
				  of visible and surface debris, washing with soap and water, detergent or
				  chemical cleaner that prepares non-porous items for disinfection and reduces
				  the number and slows the growth of pathogens on both porous and non-porous
				  surfaces. Cleaning does not make multi-use items safe for use.
(3) "Cosmetology School" is any cosmetic art
				  school that teaches cosmetic art as defined by
				  G.S.
				  88B-2(5), but is not solely
				  a manicurist or an esthetics school.
(4) "Cosmetology Student" is a student in any
				  cosmetic art school whose study is the full curriculum.
(5) "Esthetician School" is any cosmetic art
				  school that teaches only the cosmetic art of skin care.
(6) "Esthetician Student" is a student in any
				  cosmetic art school whose study is limited to the esthetician curriculum set
				  forth in 21 NCAC 14T .0604.
(7) "Licensing cycle" shall be as follows:
(a) for cosmetologists, the licensing cycle
				  is a three-year period beginning on the first day of October and ending on the
				  third following first day of October and continuing thereafter in three year
				  intervals;
(b) for estheticians,
				  natural hair care specialists and manicurists, the licensing cycle is one year
				  in length beginning on the first day of October and ending on the next first
				  day of October;
(c) for teachers,
				  the licensing cycle is a two-year period beginning on the first day of October
				  of an even-numbered year and ending on the next first day of October of the
				  next even-numbered year.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0100 - ORGANIZATION RULES › Section 14A .0102 - REPEALED PHYSICAL ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 88-23;
					 150B-11(1);
Eff. February 1, 1976;
Amended Eff. April 1, 1988;
Repealed Eff. January 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0100 - ORGANIZATION RULES › Section 14A .0103 - REPEALED OFFICE HOURS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 88B-4
Eff. February 1,
					 1976;
Amended Eff. August 1, 2000; January 1, 1989;
Repealed Eff. July 1, 2010.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0100 - ORGANIZATION RULES › Section 14A .0104 - ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
The address for the board is 121 Edinburgh South Drive,
					 Suite 209, Cary, North Carolina 27511.
Authority
					 G.S.
					 88-23;
Eff. February 1,
					 1976;
Amended Eff. January 1, 2015; August 1, 1998; December 6,
					 1991; January 1, 1989; April 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 13, 2015;
Amended Eff.
					 September 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0100 - ORGANIZATION RULES › Section 14A .0105 - REPEALED PURPOSE AND RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 88B-2;
					 88B-13;
					 88B-20;
					 88B-21;
Eff. February
					 1, 1976;
Amended Eff. January 1, 1989; April 1, 1988;
Temporary Amendment Eff. January 1, 1999;
Repealed Eff. August 1,
					 2000.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0200 - BOARD OF COSMETIC ART EXAMINERS › Section 14A .0201-.0207

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 88-13;
					 88-14;
					 88-23;
					 93B-5;
Eff. February
					 1, 1976;
Repealed Eff. April 1,
					 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0300 - DEFINITIONS › Section 14A .0301-.0309

Current through Register Vol. 39, No. 2, July 15, 2024
Authority G.S. 88;
					 88-2; 88-3; 88-4; 88-5;
88-6; 88-7; 88-8; 88-9;
Eff.
					 February 1, 1976;
Repealed Eff. April 1,
					 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0400 - LICENSE WAIVER FOR ARMED FORCES › Section 14A .0401 - LICENSE WAIVER FOR ARMED FORCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Licensees
				  in good standing and serving in the armed forces of the United States or the
				  spouse of an individual in good standing and serving in the armed forces of the
				  United States are allowed an extension on the license renewal payment and
				  required continuing education hours as permitted
				  G.S.
				  93B-15.
(b) Individuals holding current and valid
				  licensure as determined by
				  G.S.
				  93B-15.1 may apply for licensure with the
				  Board by providing a copy of the current and valid license along with a the
				  license application, fees and documentation of military experience or
				  training.
Authority
					 G.S.
					 93B-15;
					 93B-15.1;
Eff. June
					 1, 2010;
Amended Eff. August 1, 2014;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 13,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0400 - LICENSE WAIVER FOR ARMED FORCES › Section 14A .0402 - DUPLICATE LICENSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee may
				  request a duplicate license by submitting written application and a duplicate
				  license fee to the Board.
(b) All
				  overpayments will be returned to the submitting applicant or
				  licensee.
Authority
					 G.S.
					 88B-20;
Eff. October 1,
					 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 13,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0400 - LICENSE WAIVER FOR ARMED FORCES › Section 14A .0403 - ADDITIONAL SALON CHAIRS

Current through Register Vol. 39, No. 2, July 15, 2024
Salon owners may request additional salon chair licensure
					 by submitting written application and additional chair fees to the
					 Board.
Authority
					 G.S.
					 88B-20;
Eff. October 1,
					 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 13,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0400 - LICENSE WAIVER FOR ARMED FORCES › Section 14A .0404 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fees and civil penalties paid by personal
				  checks that are returned for any reason shall be treated in the same manner as
				  though no fee had been tendered and the bank's returned check fee, not to
				  exceed thirty-five dollars ($35.00), shall be assessed to the account holder.
				  All subsequent payments must be submitted via credit card, money order, or
				  certified check.
(b) All moneys
				  tendered in payment of fees shall be in the exact amount required for said
				  fees. No part of a fee submitted to the Board per
				  G.S.
				  88B-20 shall be refundable.
(c) Licenses, certifications, duplicates,
				  inactivations, or reactivations shall not be processed until all fees and
				  assessed civil penalties are paid in full.
Authority
					 G.S.
					 25-3-506;
					 88B-2;
					 88B-4;
Eff. September
					 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 13, 2015;
Amended Eff.
					 September 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter B - RULE - MAKING PROCEDURES › Section .0100 - PETITIONS FOR RULE - MAKING › Section 14B .0101 - PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Any person wishing to submit a petition requesting the
					 adoption of a rule by the Board must address a petition to the chairman of the
					 Board at the Board's address.
Authority
					 G.S.
					 150B-16;
Eff. February 1,
					 1976;
Amended Eff. January 1, 1989; April 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 13,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter B - RULE - MAKING PROCEDURES › Section .0100 - PETITIONS FOR RULE - MAKING › Section 14B .0102 - CONTENTS OF PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The petition must contain the following information:
(1) a draft of the proposed rule or
				  amendment,
(2) a summary of the
				  contents of the proposed rule or amendment,
(3) reason for the proposal,
(4) effect of the new rule or amendment on
				  existing rules,
(5) data supporting
				  the rule proposal,
(6) effect of
				  the proposed rule or amendment on existing practices in the area involved,
				  including cost factors, and
(7)
				  name and address of each petitioner.
Authority
					 G.S.
					 150B-16;
Eff. February 1,
					 1976;
Amended Eff. January 1, 1989; April 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 13,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter B - RULE - MAKING PROCEDURES › Section .0100 - PETITIONS FOR RULE - MAKING › Section 14B .0103-.0104

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-16;
Eff. February 1,
					 1976;
Repealed Eff. April 1,
					 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter B - RULE - MAKING PROCEDURES › Section .0100 - PETITIONS FOR RULE - MAKING › Section 14B .0105 - GRANTING OR DENYING PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Board must determine, based on a study of the facts
					 stated in the petition, whether the public interest will be better served by
					 granting or denying the petition. The Board must consider all the contents of
					 the submitted petitions plus any additional information deemed
					 relevant.
Authority
					 G.S.
					 150B-16;
Eff. February 1,
					 1976;
Amended Eff. January 1, 1989; April 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 13,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter B - RULE - MAKING PROCEDURES › Section .0100 - PETITIONS FOR RULE - MAKING › Section 14B .0106 - REPEALED RECOMMENDATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 88-23;
					 150B-16;
Eff.
					 February 1, 1976;
Repealed Eff. August 1,
					 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter B - RULE - MAKING PROCEDURES › Section .0100 - PETITIONS FOR RULE - MAKING › Section 14B .0107 - FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
Within 30 days of submission of the petition or at its next
					 regularly scheduled meeting, whichever is later, the Board will render a final
					 decision. If the decision is to deny the petition, the chairman of the Board
					 will notify the petitioner in writing stating the reasons therefor. If the
					 decision is to grant the petition, the Board will initiate a rule-making
					 proceeding.
Authority
					 G.S.
					 150B-16;
Eff. February 1,
					 1976;
Amended Eff. January 1, 1989; April 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 13,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter B - RULE - MAKING PROCEDURES › Section .0200 - NOTICE › Section 14B .0201 - NOTICE TO PUBLIC

Current through Register Vol. 39, No. 2, July 15, 2024
Upon a determination to hold rule-making proceedings,
					 either in response to a petition or otherwise, the Board will give 30 days
					 notice by publication in the North Carolina Register.
Authority
					 G.S.
					 150B-12;
					 150B-16;
Eff.
					 February 1, 1976;
Amended Eff. January 1, 1989; April 1,
					 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 13,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter B - RULE - MAKING PROCEDURES › Section .0200 - NOTICE › Section 14B .0202-.0204

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 88-23;
					 150B-11(1);
					 150B-16;
					 150B-23;
Eff.
					 February 1, 1976;
Repealed Eff. April 1,
					 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter B - RULE - MAKING PROCEDURES › Section .0300 - HEARINGS › Section 14B .0301 - REPEALED LOCATION OF HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 88-23;
					 150B-23;
Eff.
					 February 1, 1976;
Repealed Eff. April 1,
					 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 14 - COSMETIC ART EXAMINERS › Subchapter B - RULE - MAKING PROCEDURES › Section .0300 - HEARINGS › Section 14B .0302 - PROCEDURE FOR MAKING ORAL PRESENTATION AT HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  person desiring to make an oral presentation on a proposed rule or amendment to
				  rule at a rule-making hearing must file a request to make a presentation with
				  the chairman of the Board, at the Board's address, at least 15 days before the
				  hearing. The presiding officer at the hearing may, however, waive or excuse a
				  person's failure to give this notice for good reason.
(b) A request to make an oral presentation
				  must contain a brief summary of the subject on which the individual desires to
				  speak and an estimation of the length of time needed. An oral presentation may
				  not exceed five minutes unless the presiding officer, either before or at the
				  hearing, grants an extension of time for good reason.
(c) A person who makes an oral presentation
				  at a rule-making hearing is encouraged to submit a written copy of the
				  presentation to the Board either before or at the hearing.
Authority
					 G.S.
					 150B-11(1);
					 150B-12;
Eff.
					 February 1, 1976;
Amended Eff. January 1, 1989; April 1,
					 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 13,
					 2015.