reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0100 - ORGANIZATION AND DEFINITIONS › Section 60 .0102 - OFFICE OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board's
				office and mailing address is
				1027 US
				70 Highway West, Suite 221, Garner, North
				Carolina 27529.
(b) The Board's
				website is
http://www.refrigerationboard.org
.
Authority G.S. 87
				  54;
Eff. February 1, 1976;
Readopted Eff. April 17,
				  1978;
Amended Eff. June 1, 2015; April 1, 2015; September 1, 2011;
				  August 1, 2004; July 1, 2000; August 1, 1995; December 1, 1993; October 1,
				  1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19, 2015;
Amended Eff.
				  January 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0100 - ORGANIZATION AND DEFINITIONS › Section 60 .0103 - REPEALED - RULE-MAKING AND ADMINISTRATIVE HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  150B-21.6;
				  150B-38(h);
Eff. February 1, 1981;
Amended Eff. October 1, 1995; April 1, 1989;
				  May 1, 1988; October 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19, 2015;
Repealed Eff.
				  January 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0100 - ORGANIZATION AND DEFINITIONS › Section 60 .0105 - REPEALED - REFRIGERATION LAW PLUG-IN DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  87-58;
Recodified from
				  21 NCAC
				  60 .0303 Eff. January 13, 1989;
Repealed Eff. November 1, 1995.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0201 - REPEALED - DATES OF BOARD MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  87-58;
Eff. February
				  1, 1976;
Readopted Eff. April 17, 1978;
Amended Eff.
				  April 1, 1989; October 1, 1984; February 1, 1981;
Repealed Eff.
				  August 1, 2004.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0202-.0203

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  87-64;
				  150A-11(1);
Eff. February 1, 1976;
Readopted Eff. April 17, 1978;
Amended Eff. February 1, 1981;
Repealed Eff. October 1,
				  1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0204 - REPEALED - SCORING EXAMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  87-58;
Eff. February
				  1, 1976;
Readopted Eff. April 17, 1978;
Amended Eff.
				  April 1, 1997; August 1, 1995; October 1, 1984;
Repealed Eff.
				  August 1, 2004.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0205 - REPEALED - RENEWAL AND REINSTATEMENT FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  87-64;
Eff. October 1,
				  1984;
Repealed Eff. May 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0206 - REPEALED - EXAMINATION APPLICATION DULY FILED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  87-58;
Eff. October 1,
				  1984;
Repealed Eff. January 1,
				  2018
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0207 - REQUIREMENTS FOR EXAMINATION APPLICANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Applicants requesting to take a refrigeration examination in accordance with
				Rule .0213 of this Chapter shall:
(1) Obtain
				4,000 hours of refrigeration experience relevant to the classification of
				licensure desired prior to filing the application. Up to one-half of the
				experience may be in technical training related to the field of refrigeration
				contracting; and
(2) File with the
				Board an application on a form provided by the Board together with the
				non-refundable examination fee as set forth in Rule .0209 of this Section. The
				form may be obtained on the Board's website (www.refrigerationboard.org) or by
				requesting a copy from the Board office. The application shall require the
				following:
(A) The Social Security Number of
				the applicant;
(B) The applicant's
				contact information;
(C) The name
				of the business under which licensee will be operating, if any;
(D) The license classification
				desired;
(E) Information indication
				whether the applicant has any disciplinary history with any other occupational
				licensing board or agency;
(F)
				Record of refrigeration experience and education; and
(G) Supervisor(s) statement verifying
				experience.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0208 - EXAMINATION REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant who fails an examination or any portion of the
				  examination shall have the opportunity to review any incorrect answers
				  immediately following the examination.
Authority
				  G.S.
				  87-54;
				  87-58(d);
				  93B-8(c);
Eff. May 1, 1988;
Amended Eff. August 1, 2004;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0209 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Fees shall be set as follows:
(1) Examination application --
				$100.00;
(2) License renewal --
				$80.00; and
(3) License
				reinstatement -- $120.00.
Authority G.S. 54;
				  87-58(d); 87-64;
Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19, 2015;
Amended Eff.
				  January 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0210 - REPEALED - SPECIAL EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  87-58(d);
				  93B-8(c);
Eff. December 1, 1993;
Repealed Eff. August 1,
				  2004.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0211 - CERT REQUIREMENTS OF EPA: ISSUANCE OF CERT LICENSES BY BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All licensed refrigeration contractors
				and technicians as defined in
				40 CFR
				82.161 who handle refrigerants as stated in
				the Act and regulations must be certified by an EPA-Approved Technician's
				Certification Program effective November 14, 1994.
(b) The State Board of Refrigeration
				Examiners shall issue a license or certification to contractors and technicians
				who can document successful completion of an EPA-Approved Course and
				Examination.
Authority
				  G.S.
				  87-52;
				  87-54;
				  87-58;
				  42 U.S.C.
				  7671g(a);
				  40 C.F.R. 82.161;
Eff.
				  February 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0212 - REPEALED - QUALIFYING EXAMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  87-58;
Eff. August 1,
				  2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19, 2015;
Repealed Eff.
				  January 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0213 - EXAMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon approval
				to take an examination in accordance with Rule .0207 of this Chapter, the Board
				shall schedule and notify the approved applicant of the date, time, and place
				of the examination.
(b)
				Refrigeration Contractors Examinations shall be divided as follows:
(1) Commercial and Industrial shall be
				divided into four parts; and
(2)
				Service and Transport refrigeration shall be divided into three
				parts.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0200 - EXAMINATIONS › Section 60 .0214 - LICENSURE FOR MILITARY-TRAINED APPLICANT; LICENSURE FOR MILITARY SPOUSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Licensure for a military-trained
				applicant. Upon receipt of a request for licensure pursuant to
				G.S.
				93B-15.1 from a military-trained applicant,
				the Board shall issue a license to the applicant who satisfies the following
				conditions:
(1) submits an Application for
				License to Practice Refrigeration Contracting, as set forth in Rule .0206 of
				this Section. The application is available on the website at
				http://www.refrigerationboard.org/applytotakeexam/application;
(2) submits a license fee in accordance with
				G.S.
				87-64 and Rule .0209 of this
				Section;
(3) provides documentation
				to satisfy conditions set out in
				G.S.
				93B-15.1(a)(1) and (2), as
				set forth on http://refrigerationboard.org/applytotakeexam/military.html;
				and
(4) provides documentation that
				the applicant has not committed any act in any jurisdiction that would
				constitute grounds for refusal, suspension, or revocation of a license in North
				Carolina at the time the act was committed.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0300 - LICENSES AND FEES › Section 60 .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  150B-11(1);
Eff. February 1, 1976;
Readopted Eff. April 17, 1978;
Amended Eff. October 1, 1984; February 1, 1981;
Repealed Eff. May
				  1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0300 - LICENSES AND FEES › Section 60 .0303 - REFRIGERATION LAW PLUG-IN DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  87-58;
Eff. February
				  1, 1976;
Readopted Eff. April 17, 1978;
Amended Eff.
				  May 1, 1988; October 1, 1984;
Recodified to Rule .0105 Eff. January
				  13, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0300 - LICENSES AND FEES › Section 60 .0304 - RENEWALS AND REINSTATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Refrigeration license/reinstatement notices are sent out to
				  all licensees on or about October 31 of each year. On or about January 15, each
				  person who has not applied for the renewal of his license is notified that his
				  license has lapsed and is sent a letter instructing him to apply for the
				  reinstatement of his license. On or about February 1, those lapsed licensees
				  who have not replied to the above letter are sent another letter by certified
				  mail notifying them that their license has lapsed and that it is unlawful to
				  engage further in the business of refrigeration contracting.
Authority
				  G.S.
				  87-54;
				  87-64;
Eff. February
				  1, 1976;
Readopted Eff. April 17, 1978;
Amended Eff.
				  April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0300 - LICENSES AND FEES › Section 60 .0305 - REPEALED - FORM: RENEWAL APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  150B-11;
Eff.
				  February 1, 1976;
Readopted Eff. April 17, 1978;
Repealed Eff. May 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0300 - LICENSES AND FEES › Section 60 .0306-.0308

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  87-59;
				  87-64;
Eff. February
				  1, 1976;
Readopted Eff. April 17, 1978;
Repealed Eff.
				  February 1, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0300 - LICENSES AND FEES › Section 60 .0309 - REPEALED - FORM: REINSTATEMENT APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  87-64;
				  150B-11(1);
Eff. February 1, 1976;
Readopted Eff. April 17, 1978;
Amended Eff. February 1, 1981;
Repealed Eff. May 1,
				  1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0300 - LICENSES AND FEES › Section 60 .0310 - LOST OR DESTROYED CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
A lost or destroyed refrigeration license certificate may be
				  reissued at no cost for a current year, upon receipt of a written request from
				  the licensee stating the reason for his requesting a new
				  certificate.
Authority
				  G.S.
				  87-54;
				  87-60;
Eff. February
				  1, 1976;
Readopted Eff. April 17, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0300 - LICENSES AND FEES › Section 60 .0311 - PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				refrigeration license number of the licensee shall appear on all applications
				for permits.
(b) A licensee shall
				assure that a permit is obtained from the local Building Code enforcement
				official before commencing any installation work for which a license is
				required by the Board. The licensee shall also assure that a request for final
				inspection is made within 10 days of subsequent completion of the work for
				which a license is required, absent agreement with the owner and the local
				Building Code enforcement official.
(c) A licensee shall obtain permits and allow
				his number to appear on permits only for work over which he will provide
				general supervision until the completion of the work, for which he holds the
				contract and for which he receives all contractual payments.
(1) General supervision is that degree of
				supervision which is necessary and sufficient to ensure that the work is
				performed in a competent manner and with the requisite skill and that the work
				is done timely, safely and in accordance with applicable codes and rules.
				General supervision requires that the review of the work be performed in person
				by the licensee while the work is in progress.
(2) Each business office for which a licensee
				is responsible shall be actively and locally supervised by that licensee who
				shall have primary responsibility and a corresponding amount of time personally
				involved in the work contracted for or performed by that office.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0300 - LICENSES AND FEES › Section 60 .0312 - CHANGE OF TRADE NAME

Current through Register Vol. 39, No. 2, July 15, 2024
The trade name under which a license is issued may be changed
				  upon request to and approval by the Board. The last license issued to the
				  licensee must be returned to the Executive Director along with the form
				  provided by the Board.
Authority
				  G.S.
				  87-54;
				  87-60;
Eff. December
				  1, 1993;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0300 - LICENSES AND FEES › Section 60 .0313 - PROCESSING FEE FOR SUBMITTAL OF BAD CHECK

Current through Register Vol. 39, No. 2, July 15, 2024
Any person or firm submitting to the Board a check which is
				  subsequently returned to the Board because of insufficient funds in or no
				  account at a bank will be charged the maximum processing fee allowed by
				  G.S.
				  25-3-512. Until such time as the payer of
				  such a bad check has made the check good and paid the prescribed processing
				  fee, the payer will not be eligible to take an examination, obtain a license or
				  have a license renewed.
Authority
				  G.S.
				  87-54;
				  87-63;
Eff. December
				  1, 1993;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0300 - LICENSES AND FEES › Section 60 .0314 - USE OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The licensed
				contractor shall not permit the use of his license by any other
				person.
(b) All refrigeration
				contracting business, including all business advertising and the submission of
				all documents and papers by a licensee of the Board shall be conducted in the
				exact name in which the refrigeration contracting license is issued.
(c) Should a licensee terminate his
				relationship from a company in which his license is issued, work begun prior to
				such termination may be completed under such conditions as the Board shall
				direct subject to the following conditions deemed applicable by the Board under
				the unique facts and circumstances of each instance:
(1) the percentage of the project
				completed;
(2) the time that may
				elapse before another licensee can be employed for the project;
(3) the size and complexity of the
				project;
(4) the experience and
				qualifications of remaining personnel;
(5) any prior disciplinary record the company
				involved licensees has with the Board;
(6) the financial accountability of the
				firm;
(7) whether or not the
				remaining firm has any other occupational licenses.
However, no work for which a license is required under
				  G.S.
				  87-58 may be bid for, contracted for or
				  initiated prior to said company obtaining a license.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0300 - LICENSES AND FEES › Section 60 .0316 - CHANGE OF ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
All licensees shall notify the Board in writing within 30
				  days of any change of address orbusiness location.
Authority
				  G.S.
				  87-58;
Eff. July 1,
				  2000;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0400 - BOARD PERSONNEL › Section 60 .0401-.0402

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  150B-11(1);
Eff. February 1, 1976;
Readopted April 17, 1978;
Amended Eff. February 1, 1981;
Repealed Eff. May 1,
				  1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0400 - BOARD PERSONNEL › Section 60 .0403-.0404

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  150B-11(1);
Eff. February 1, 1981;
Amended Eff. October 1, 1984;
Repealed Eff. May 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0500 - PETITIONS FOR RULES › Section 60 .0501-.0503

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  150A-16;
Eff.
				  February 1, 1976;
Readopted Eff. April 17, 1978;
Repealed Eff. February 1, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0600 - NOTICE OF RULEMAKING HEARINGS › Section 60 .0601-.0603

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  150A-12(a)(2);
				  150A-12(b);
				  150A-12;
Eff.
				  February 1, 1976;
Readopted Eff. April 17, 1978;
Repealed Eff. February 1, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0700 - RULEMAKING HEARINGS › Section 60 .0701-.0708

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  150A-11;
				  150A-12(a),(e);
				  150A-13;
Eff.
				  February 1, 1976;
Readopted Eff. April 17, 1978;
Repealed Eff. February 1, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0800 - DECLARATORY RULINGS › Section 60 .0801-.0805

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  150A-11;
				  150A-17;
Eff.
				  February 1, 1976;
Readopted Eff. April 17, 1978;
Repealed Eff. February 1, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .0900 - ADMINISTRATIVE HEARING PROCEDURES › Section 60 .0901-.0908

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  150A-2(2);
				  150A-23(a)
				  through 150A-23(d);
				  150A-32;
1A-1, Rule
				  24;
Eff. February 1, 1976;
Readopted Eff. April 17,
				  1978;
Repealed Eff. February 1,
				  1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .1000 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES › Section 60 .1001-.1005

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-54;
				  150A-25(a);
				  150A-27;
				  150A-31;
				  150A-33;
				  150A-34(a);
150A-43;
Eff. February 1, 1976;
Readopted Eff. April
				  17, 1978;
Repealed Eff. February 1,
				  1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .1100 - DISCIPLINARY ACTION › Section 60 .1101 - REPEALED - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-59;
				  87-63;
				  150B-11(1);
Eff. February 1, 1981;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .1100 - DISCIPLINARY ACTION › Section 60 .1102 - PREFERRING CHARGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person who
				believes that any refrigeration contractor is in violation of the provisions of
				G.S.
				87-59 may prefer charges against such
				contractor by setting forth the charges in writing with particularity
				including, but not limited to, the date and place of the alleged violation.
				Such charges shall be signed and sworn to by the party preferring such charges
				and filed with the Executive Director of the State Board of Refrigeration
				Examiners at the office of the Board, Suite 208, 893 Highway 70 West, Garner,
				North Carolina 27529.
(b) A
				licensee who prefers charges against a refrigeration contractor shall cooperate
				with the Board in its investigation of the complaint including the execution of
				an affidavit covering their knowledge of the facts and circumstances concerning
				the complaint, if required, and participate in any legal action authorized by
				the Board if requested by the Board or its representative.
(c) A licensee shall fully cooperate with the
				Board in connection with any inquiry it shall make. Full cooperation includes
				responding in a timely manner to all inquiries of the Board or representative
				of the Board and claiming Board correspondence from the U.S. Postal
				Service.
Authority
				  G.S.
				  87-59;
Eff. February 1,
				  1981;
Amended Eff. August 1, 2004; July 1, 2000; August 1, 1995;
				  December 1, 1993; April 1, 1989; December 1, 1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .1100 - DISCIPLINARY ACTION › Section 60 .1103 - PRELIMINARY DETERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				charge, filed under Rule .1102 of this Section, shall be referred initially to
				a review committee.
(b) The review
				committee shall be made up of the following individuals:
(1) one officer, other than the Chairman, of
				the State Board of Refrigeration Examiners,
(2) the legal counsel of the Board,
(3) the Executive Director of the State Board
				of Refrigeration Examiners.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 60 - REFRIGERATION CONTRACTORS › Section .1100 - DISCIPLINARY ACTION › Section 60 .1104 - REPEALED - JUDICIAL REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  87-59;
				  87-63;
				  150B-11(1);150B-43;
Eff.
				  February 1, 1981;
Amended Eff. May 1, 1988;
Repealed
				  Eff. April 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 61 .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
It is the responsibility of the Board to license respiratory
				  care practitioners and to see that the qualifications and activities of those
				  engaged in respiratory care are in accord with law and in the best interest of
				  the public. The Board shall issue and enforce standards for the licensure of
				  respiratory care practitioners but the Board is not a Board of arbitration and
				  has no jurisdiction to settle disputes between private
				  parties.
Authority
				  G.S.
				  90-652(2);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 61 .0102 - EXPIRED - BOARD OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-652(2);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Amended Eff. October 1, 2014;
Expired Eff.
				  September 1, 2015 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 61 .0104 - CODE OF ETHICS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The American
				Association of Respiratory Care (AARC) Code of Ethics are incorporated by
				reference, including subsequent amendments and editions. A free copy may be
				obtained from the American Association of Respiratory Care online at
				www.aarc.org.
Authority
				  G.S.
				  90-652(3);
Eff.
				  July 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0200 - APPLICATION FOR LICENSE › Section 61 .0201 - APPLICATION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each applicant
				for a respiratory care practitioner license shall complete an application form
				provided by the Board. This form shall be submitted to the Board and shall be
				accompanied by:
(1) one head and shoulders
				passport type photograph of the applicant of acceptable quality for
				identification, two inches by two inches in size;
(2) the fee established in Rule .0204 of this
				Chapter;
(3) evidence, verified by
				oath, that the applicant has successfully completed the minimum requirements of
				a respiratory care education program approved by the Commission for
				Accreditation of Allied Health Educational Programs or the Canadian Council on
				Accreditation for Respiratory Therapy Education;
(4) evidence, verified by oath, that the
				applicant has successfully completed the requirements for certification in
				Basic Life Support which includes Adult, Child and Infant Cardiopulmonary
				Resuscitation (CPR), the Heimlich Maneuver, and Automatic External
				Defibrillator (AED) use by the American Heart Association, the American Red
				Cross or the American Safety and Health Institute; and
(5) evidence from the National Board for
				Respiratory Care (NBRC) of successful completion of the Certified Respiratory
				Therapist (CRT) examination administered by it.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0200 - APPLICATION FOR LICENSE › Section 61 .0202 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall exempt the following persons meeting the
				  requirements of
				  G.S.
				  90-664 from the requirement of obtaining a
				  license. For the purposes of this Rule:
(1) For purposes of interpreting
				G.S.
				90-664(2), direct
				supervision shall mean that a respiratory care practitioner licensed by the
				Board is present in the same facility to supervise a respiratory care student
				at any time while the student is engaged in the practice of respiratory care.
				The supervising respiratory care practitioner shall be specifically assigned to
				the particular student, but more than one practitioner may be assigned to a
				particular student. A respiratory care student shall not engage in the
				performance of respiratory care activities without direct supervision by a
				respiratory care practitioner licensed by the Board.
(2) For purposes of interpreting
				G.S.
				90-664(4), support
				activities shall include instructions on the use, fitting,and application of
				the apparatus, including demonstrating its mechanical operation for the patient
				or caregiver, by unlicensed individuals who deliver, set up, and calibrate
				prescribed respiratory care equipment; but shall not include teaching,
				administration, or performance of respiratory care. Instructions to the patient
				or caregiver regarding the clinical use of the equipment and any patient
				monitoring, patient assessment, or other activities or procedures that are
				undertaken to assess the clinical effectiveness of an apparatus or to evaluate
				the effectiveness of the treatment shall be performed by a respiratory care
				practitioner licensed by the Board or other licensed practitioner operating
				within their scope of practice.
Authority
				  G.S.
				  90-648(13);
				  90-652(2);
				  90-664;
Temporary
				  Adoption Eff. October 15, 2001;
Eff. August 1, 2002;
Readopted Eff. July 1, 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0200 - APPLICATION FOR LICENSE › Section 61 .0203 - INTERVIEWS

Current through Register Vol. 39, No. 2, July 15, 2024
If the Board has questions about the qualifications of an
				  applicant, it may conduct interviews of the applicant, or of others with
				  knowledge of an applicant's qualifications.
Authority
				  G.S.
				  90-652(2);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0200 - APPLICATION FOR LICENSE › Section 61 .0204 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fees are as follows:
(1) For an initial application, a fee of
				fifty dollars ($50.00);
(2) For
				issuance of an active license, a fee of one hundred twenty-five dollars
				($125.00);
(3) For the renewal of
				an active license, a fee of seventy-five dollars ($75.00);
(4) For the late renewal of any license, an
				additional late fee of seventy-five dollars ($75.00);
(5) For a license with a provisional or
				temporary endorsement, a fee of fifty dollars ($50.00); and
(6) For official verification of license
				status, a fee of twenty dollars ($20.00).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0200 - APPLICATION FOR LICENSE › Section 61 .0205 - BACKGROUND INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Every applicant for licensure shall submit to the Board a signed release form,
				completed Fingerprint Record Card, and such other form(s) as required to
				perform a criminal history check by the North Carolina Department of Justice at
				the time of the application. In all instances the applicant must make full and
				accurate disclosure of any felony convictions, any misdemeanor convictions
				(except for traffic violations), convictions of any crime directly related to
				the practice of respiratory care or any disciplinary action pending or ever
				been taken against any health care provider license / certificate the applicant
				has or has had.
(b) The applicant
				shall provide any additional information regarding any conviction as requested
				by the Board.
(c) Failure to make
				full and accurate disclosure shall be grounds for immediate application denial,
				or other disciplinary action applicable to licensure pursuant to
				G.S.
				90-659.
(d) The Board shall determine if any
				conviction is related to the duties and responsibilities of a respiratory care
				practitioner. The Board shall consider the following factors:
(1) The nature and seriousness of the
				crime;
(2) The extent to which a
				license might offer an opportunity to engage in further criminal activity of
				the same type; and
(3) The
				relationship of the crime to the ability, capacity, or fitness required to
				perform the duties and discharge the responsibilities of a respiratory care
				practitioner.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0300 - LICENSING › Section 61 .0301 - LICENSE NUMBER: DISPLAY OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				license issued by the Board shall be valid for a period of one year, except as
				otherwise provided in
				G.S.
				90-654 and
				G.S.
				93B-15.1.
(b) Each individual who is issued a license
				shall be issued a license number that shall be displayed on the Board's
				website. Should that number be retired for any reason, such as death, failure
				to renew the license, or any other reason, that number shall not be reissued. A
				web-based license verification displaying the status, credentials, degree
				level, dates for registration, renewal, and expiration shall be accessible by
				the licensee in their principal place of business so as to be available for
				inspection in a printed or electronic format.
(c) In accordance with the provisions of
				G.S.
				90-640, whenever a licensee is providing
				respiratory care to a patient, the licensee shall wear identification that
				displays, in readily visible type, the licensee's name and the designation
				"RCP". Provisional license holders shall wear identification that displays, in
				readily visible type, the licensee's name and the designation
				"RCP-Provisional." A licensee shall ensure any person working under his or her
				supervision who is exempted by
				G.S.
				90-664(2) and (4) is
				properly identified by wearing identification that designates the person's
				affiliation and position in readily visible type.
Authority
				  G.S.
				  90-652(2),(4);
				  90-658(b);
				  90-640;
Temporary
				  Adoption Eff. October 15, 2001;
Eff. August 1, 2002;
Amended Eff. April 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22, 2015;
Amended Eff. July
				  1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0300 - LICENSING › Section 61 .0302 - LICENSE RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any licensee
				desiring the renewal of a license shall apply for renewal and shall submit the
				fee established in this Chapter.
(b) Any person whose license is lapsed or
				expired and who engages in the practice of respiratory care as defined in
				G.S.
				90-648(10) is subject to the
				penalties prescribed in
				G.S.
				90-659.
(c) Each applicant for renewal shall provide
				proof of completion of continuing education requirements as established in this
				Chapter.
(d) The licensee shall
				maintain current respiratory care credentials as issued by the National Board
				for Respiratory Care and shall provide proof of the credentials to the Board
				upon renewal and upon request.
(e)
				Each applicant for renewal shall provide a copy of current certification in
				Basic Life Support (BLS) which includes Adult, Child and Infant Cardiopulmonary
				Resuscitation (CPR); the Heimlich Maneuver; and Automatic External
				Defibrillator (AED) use by the American Heart Association, the American Red
				Cross or the American Safety and Health Institute. The board shall accept a
				copy of the applicant's BLS Instructor certificate or Advanced Cardiac Life
				Support (ACLS) certificate in lieu of the BLS certificate.
(f) Licenses lapsed in excess of 24 months
				shall not be renewable. Persons whose licenses have been lapsed in excess of 24
				months and who desire to be licensed shall apply for a new license and shall
				meet all the requirements then existing.
(g) Members of the armed forces whose
				licenses are in good standing and to whom
				G.S.
				105-249.2 grants an extension of time to file
				a tax return are granted that same extension of time to pay the license renewal
				fee and to complete the continuing education requirements prescribed in
				21 NCAC
				61 .0401. A copy of military orders or the
				extension approval by the Internal Revenue Service must be furnished to the
				Board. If approved, continuing education credits acquired during this extended
				time period shall not be utilized for future renewal purposes, but may be used
				for the current renewal.
Authority
				  G.S.
				  90-652(1),(2),(4) and
				  (13);
Temporary Adoption Eff.
				  October 15, 2001;
Eff. August 1, 2002;
Amended Eff.
				  June 1, 2011, September 1, 2010; November 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0300 - LICENSING › Section 61 .0303 - LICENSE WITH PROVISIONAL ENDORSEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant for a provisional license must have completed
				  the educational requirements set out in
				  G.S.
				  90-563(a)(3) and must have
				  made application to take the certification exam administered by the NBRC and
				  must have filed his application with the Board in accordance with
				  G.S.
				  90-656 and the rules in this Chapter. The
				  supervising licensed respiratory care practitioner shall be in the same
				  facility and readily available for supervision of and consultation with the
				  provisional licensee at all times the provisional licensee is engaging in the
				  practice of respiratory care.
Authority
				  G.S
				  90-652(2),(4);
				  90-656;
Temporary
				  Adoption Eff. October 15, 2001;
Eff. August 1, 2002;
Amended Eff. March 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0300 - LICENSING › Section 61 .0304 - EXPIRED - LICENSE WITH TEMPORARY ENDORSEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S
				  90-652(1),(2),(4);
				  90-654;
Temporary
				  Adoption Eff. October 15, 2001;
Eff. August 1, 2002;
Amended Eff. March 1, 2004;
Expired Eff. September 1, 2015 pursuant
				  to G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0300 - LICENSING › Section 61 .0305 - INACTIVE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee who
				wishes to retain a license but who will not be practicing respiratory care may
				obtain inactive status by indicating this intention on the annual renewal and
				payment of a fee of twenty dollars ($20.00). An individual licensed on inactive
				status may not practice respiratory care during the period in which he or she
				remains on inactive status.
(b) An
				individual licensed on inactive status may convert his or her license to active
				status by submission of a renewal application and payment of the renewal fee
				and late fee. The renewal application must contain evidence of the completion
				of a minimum of 12 hours of continuing education that meets the requirements of
				21 NCAC
				61 .0401 for each full year of
				inactivity.
(c) In no case may an
				individual remain on inactive status for more than 60 months.
Authority
				  G.S.
				  90-652(1),(2),(4);
Temporary Adoption Eff. October 15, 2001;
Eff. August 1,
				  2002;
Amended Eff. March 1, 2008; June 1, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0300 - LICENSING › Section 61 .0306 - LICENSE BY RECIPROCITY

Current through Register Vol. 39, No. 2, July 15, 2024
When the Board
				  determines that a license, certificate or registration issued by another state,
				  political territory, or jurisdiction to a respiratory care practitioner was
				  issued upon satisfaction of substantially the same requirements for licensure
				  required by the North Carolina Respiratory Care Practice Act, the Board may
				  issue a license to that respiratory care practitioner upon receipt of the
				  initial application fee and license issuing fee.
Authority
				  G.S.
				  90-652(1),(2),(4);
				  90-655;
Temporary
				  Adoption Eff. October 15, 2001;
Eff. August 1, 2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0300 - LICENSING › Section 61 .0308 - CONTINUING DUTY TO REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				licensed respiratory care practitioners and provisional licensees are under a
				continuing duty to report to the Board any and all:
(1) convictions of, or pleas of guilty or
				nolo contendere to:
(A) any felony;
(B) any misdemeanor or other offense, such as
				fraud, when an element of the crime involves conduct by the licensee which
				indicates a lack of honesty, integrity, or competence directly relating to the
				licensee's delivery of respiratory care, including crimes whose elements
				include violations of Rule .0307(2), (5), (7), (10), (19), (21), (22), (23),
				(24) and (25) of this Chapter; and
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0300 - LICENSING › Section 61 .0309 - SCHEDULE OF CIVIL PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				rules in this Subchapter establish the schedule of civil penalties set out in
				G.S.
				90-666(a). The amounts
				stated are the presumptive amounts that may be modified in the discretion of
				the Board based upon factors set forth in
				G.S.
				90-666(b).
(b) The presumptive civil penalty for the
				following violations is: 1st offense fifty dollars ($50.00) (Warning), 2nd
				offense one hundred dollars ($100.00), 3rd offense two hundred fifty dollars
				($250.00). Those violations that are first offense correctable are identified
				with the word "warning" appended to them. If the offense is not corrected
				within the 30 day time allotted, the presumptive civil penalty in parenthesis
				shall apply.
(1) Failure to display an
				individual license upon request.
(2) Failure to notify the Board in writing of
				each change of name, including any change in the name under which the licensee
				is providing respiratory care, or any change in the licensee's residence or
				business address, including mailing address, within 30 days of such
				change.