reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter E - MODE OF PRACTICE › Section .0200 - ETHICS › Section 42E .0203 - CONSULTANT: ADVISOR, STAFF OPTOMETRIST, OR INDEPENDENT CONTRACTOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An optometrist may:
(1) be engaged as a consultant, advisor, or
				  independent contractor for industrial plants where industrial vision programs
				  are being or have been instituted; or
(2) be engaged as a staff optometrist,
				  independent contractor, or optometric administrator for health programs
				  sponsored or funded by any agency of municipal, county, state or federal
				  government, or research organizations educational institutions, insurance
				  companies, health maintenance organization, or hospitals.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter E - MODE OF PRACTICE › Section .0300 - UNETHICAL PRACTICES DEFINED: REVOCATION OF LICENSE › Section 42E .0301 - PUNISHMENT FOR VIOLATION OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
The Board may invoke such disciplinary measures as it deems
					 appropriate, including issuing a letter of warning or caution, reprimand,
					 censure, suspension of a license, revocation of a license, and probation for
					 violation of any statute governing the practice of optometry or of any Rule
					 adopted by the Board.
Authority
					 G.S.
					 90-117.5;
					 90-121.2;
Eff.
					 February 1, 1976;
Readopted Eff. May 30, 1978;
Amended
					 Eff. April 1, 1993; June 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter F - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0100 - PETITIONS FOR RULES › Section 42F .0101 - REPEALED - RULE MAKING AND ADMINISTRATIVE PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-117.5;
					 90-121.2;
					 150A-11;
					 150A-14;
Eff.
					 February 1, 1976;
Readopted Eff. May 30, 1978;
Amended
					 Eff. September 30, 1981;
Repealed Eff. June 1,
					 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter F - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0100 - PETITIONS FOR RULES › Section 42F .0102-.0103

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-117.5;
					 90-121.2(a);
					 150A-16;
Eff.
					 February 1, 1976;
Readopted Eff. May 30, 1978;
Repealed
					 Eff. September 30, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter F - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0200 - NOTICE OF RULEMAKING HEARINGS › Section 42F .0201-.0203

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-117.5;
					 90-121.2(a);
					 150A-12;
Eff.
					 February 1, 1976;
Readopted Eff. May 30, 1978;
Repealed
					 Eff. September 30, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter F - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0300 - RULEMAKING HEARINGS › Section 42F .0301-.0308

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-117.5;
					 90-121.1(a);
					 150A-12(a),(d),(e);
					 150A-13;
Eff.
					 February 1, 1976;
Readopted Eff. May 30, 1978;
Repealed
					 Eff. September 30, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter F - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0400 - DECLARATORY RULINGS › Section 42F .0401-.0405

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-117.5;
					 90-121.2(a);
					 150A-17;
					 150A-12;
					 150A-12(e);
Eff. February 1, 1976;
Readopted Eff. May 30, 1978;
Repealed Eff. September 30, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter F - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0500 - ADMINISTRATIVE HEARING PROCEDURES › Section 42F .0501-.0508

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 1A-1; Rule 24; 90.117.5; 90.121.2(a);
					 150A-2(2); 150A-23; 150A-25; 150A-32;
Eff. February 1,
					 1976;
Readopted Eff. May 30, 1978;
Repealed Eff.
					 September 30, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter F - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES › Section 42F .0601-.0604

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-117.5;
					 90-121.2(a);
					 150A-25(a);
					 150A-27;
					 150A-33(5);
					 150A-43;
Eff.
					 February 1, 1976;
Readopted Eff. May 30, 1978;
Repealed
					 Eff. September 30, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter G - FORMS › Section 42G .0101-.0113

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150A-11;
Eff. February 1,
				  1976;
Readopted Eff. May 30, 1978;
Repealed Eff.
				  September 30, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter H - PRECEPTORSHIPS › Section 42H .0101-.0106

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-115.1(3);
				  90-117.5;
Eff.
				  February 1, 1976;
Readopted Eff. May 30, 1978;
Repealed
				  Eff. June 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter I - PRECEPTORS › Section 42I .0101-.0106

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-115.1(3);
				  90-117.5;
Eff.
				  February 1, 1976;
Readopted Eff. May 30, 1978;
Repealed
				  Eff. September 30, 1981.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter J - FEE SCHEDULE › Section 42J .0101 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
The Board charges the following fees:
(1) Each application for general optometry
				examinations $800.00
(2) Each
				general optometry license renewal $300.00
(3) Each certificate of license to a resident
				optometrist desiring to change to another state or territory $300.00
(4) Each license issued to a practitioner of
				another state or territory to practice in this State $350.00
(5) Each license to resume practice issued to
				an optometrist who has retired from the practice of optometry or who has moved
				from and returned to this State $350.00
(6) Each application for registration as an
				optometric assistant or renewal thereof $100.00
(7) Each application for registration as an
				optometric technician or renewal thereof $100.00
(8) Each duplicate license $100.00
(9) Each renewal license for each branch
				office $100.00
(10) Each
				certificate of registration for a professional corporation or limited liability
				company $50.00
(11) Each renewal
				certificate of registration for a professional corporation or limited liability
				company $25.00
Authority
				  G.S.
				  55B-10;
				  55B-11;
				  57D-2-02;
				  90-117.5;
				  90-123;
Eff. June 1,
				  1989;
Amended Eff. October 1, 1994; March 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23, 2015;
Amended Eff.
				  November 10, 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0100 - GENERAL INFORMATION › Section 42K .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
This Subchapter establishes basic minimum procedures for
					 the adoption, amendment, or repeal of administrative rules. These procedures
					 ensure the participation of the public in the regulatory and policy-making
					 activities of the Board.
Authority
					 G.S.
					 150B-21.1;
					 150B-21.2;
Eff. June
					 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0100 - GENERAL INFORMATION › Section 42K .0102 - ORGANIZATION OF SUBCHAPTER

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Sections .0200 through .0600 of this Subchapter pertain to the agency's
				  procedures for adopting, amending, or repealing rules pursuant to the
				  requirements of Chapter 150B, Article 2A.
(b) Section .0700 of this Subchapter deals
				  with the issuance of declaratory rulings under the authority of
				  G.S.
				  150B-4.
Authority
					 G.S.
					 150B-4;
					 150B-21.1;
					 150B-21.2;
Eff. June
					 1, 1989;
Amended Eff. March 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0200 - PETITION FOR RULE MAKING › Section 42K .0201 - NATURE OF THE PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
A petition for rule-making is a method by which a person
					 may focus the agency's attention upon areas under the agency's rule-making
					 authority where a need for new or changed procedures exists. A petition for
					 rule-making may request action to adopt new rules or to amend or repeal
					 existing rules.
Authority
					 G.S.
					 150B-20;
Eff. June 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0200 - PETITION FOR RULE MAKING › Section 42K .0202 - SUBMITTING THE PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
Any person wishing to request the Board to adopt, amend, or
					 repeal a rule shall address a petition to the Board. The envelope containing
					 the petition should clearly bear the notation: RULE-MAKING PETITION RE: and the
					 subject area.
Authority
					 G.S.
					 150B-20;
Eff. June 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0200 - PETITION FOR RULE MAKING › Section 42K .0203 - CONTENTS OF THE PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
There is no particular form required for a rule-making
					 petition. However, the petitioner should include the following:
(1) an indication of the subject area to
				  which the petition is directed [for example: "This is a petition to conduct
				  rule-making to amend (rule number)"];
(2) either a draft of the proposed rule or a
				  summary of its contents, or an identification of the rule to be amended or
				  repealed;
(3) reasons for the
				  proposal;
(4) the effect of the
				  proposal on existing rules and practices;
(5) any data supporting the proposal;
				  and
(6) the name and address of
				  each petitioner.
Authority
					 G.S.
					 150B-20;
Eff. June 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0200 - PETITION FOR RULE MAKING › Section 42K .0204 - AGENCY RESPONSE TO A RULE MAKING PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  President of the Board may designate one or more board members to determine
				  whether the public interest will be served by granting a rule-making petition.
				  Prior to making this determination, the Board may request additional
				  information from the petitioner, may contact interested persons or persons
				  likely to be affected by the proposal and request their comments, or may use
				  any other appropriate method for obtaining information upon which to base the
				  determination of public interest.
(b) The designated Board member or members
				  will recommend to the Board either the institution of rule-making proceedings
				  or the denial of the petition, as the total information obtained suggests to be
				  proper and in the public interest.
(c) The Board will decide whether to grant or
				  deny the petition within the time limits set in
				  G.S.
				  150B-20. If the decision is to deny the
				  petition, the Board shall notify each petitioner in writing, stating the
				  reasons for the denial. If the decision is to grant the petition, the Board
				  shall immediately initiate a rule-making proceeding as described in these rules
				  and in G.S. 150B-21.1 or
				  G.S.
				  150B-21.2.
Authority
					 G.S.
					 150B-20;
					 150B-21.1;
					 150B-21.2;
Eff. June
					 1, 1989;
Amended Eff. March 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0200 - PETITION FOR RULE MAKING › Section 42K .0205 - RECOURSE TO DENIAL OF THE PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
If the Board denies a petition for rule-making, the
					 petitioner may seek judicial review of the denial to determine whether the
					 Board abused its discretion. This action requires that the petitioner file a
					 civil suit against the Board in the Superior Court of Wake
					 County.
Authority
					 G.S.
					 150B-20;
					 150B-45;
Eff. June
					 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0300 - NOTICE AND ADVICE ON POTENTIAL RULE MAKING TOPICS › Section 42K .0301 - SOLICITING PUBLIC COMMENT

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to seeking information by other methods, the
					 Board may solicit comments from the public on a subject matter of possible
					 rule-making under active consideration by the Board. Should public comment be
					 desired at this preliminary stage of rule-making, the Board may give notice in
					 any manner it determines to be appropriate.
Authority
					 G.S.
					 150B-21.2;
Eff. June 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0400 - NOTICE OF RULE MAKING › Section 42K .0401 - TIMING AND MANNER OF NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
When the Board decides to conduct a rule-making proceeding,
					 either in response to a petition or otherwise, the Board shall give notice as
					 required by
					 G.S.
					 150B-21.2.
Authority
					 G.S.
					 150B-21.2;
Eff. June 1,
					 1989;
Amended Eff. March 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0400 - NOTICE OF RULE MAKING › Section 42K .0402 - OBTAINING ADDITIONAL INFORMATION ON PROPOSED RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Persons desiring information in addition to that provided
					 in a published notice of rule-making proceedings may contact the Board in
					 writing at its address. The envelope containing the request should clearly bear
					 the notation: "REQUEST FOR INFORMATION ON PROPOSED RULES". The request should
					 clearly indicate the rule-making proceeding which is the subject of the
					 inquiry. The sender should enclose a self-addressed stamped envelope for the
					 Board's use in providing such information.
Authority
					 G.S.
					 150B-21.2;
Eff. June 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0500 - RULE MAKING HEARINGS › Section 42K .0501 - REQUEST TO PARTICIPATE IN HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  desiring to present oral data, views, or arguments at the rule-making hearing
				  on a proposed rule should file a request to participate with the Board at least
				  three full business days prior to the hearing.
(b) The request to participate should contain
				  a clear reference to the proposed rule, a brief summary of the person's views
				  with respect thereto, and how long the person desires to speak. The envelope
				  containing the request should clearly bear the notation: "REQUEST TO
				  PARTICIPATE IN RULE-MAKING HEARING RE&gml" and the subject matter of the
				  proposed rule.
Authority
					 G.S.
					 150B-21.2;
Eff. June 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0500 - RULE MAKING HEARINGS › Section 42K .0502 - RESPONSE TO THE REQUEST TO PARTICIPATE

Current through Register Vol. 39, No. 2, July 15, 2024
Upon receipt of a request to participate in a rule-making
					 hearing, the Board will acknowledge receipt of the request and inform the
					 person in writing or by telephone of any limitations on oral presentations
					 deemed necessary for a full and effective public proceeding on the proposed
					 rule, including denial of the request and the reasons therefor. Failure by the
					 Board to acknowledge a request shall not constitute approval of any request to
					 participate. In general, each presentation will be limited to 15 minutes unless
					 some other time limit is prescribed by the hearing officer for the rule-making
					 hearing.
Authority
					 G.S.
					 150B-21.2;
Eff. June 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0500 - RULE MAKING HEARINGS › Section 42K .0503 - PRESENTATION OF ORAL COMMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  hearing officer at a rule-making hearing shall create an agenda of members of
				  the public whose requests to participate in the hearing have been
				  approved.
(b) If time allows, the
				  hearing officer shall permit limited comment by attending members of the public
				  who have not submitted requests to participate.
(c) Any person making an oral presentation is
				  encouraged to submit a written copy of the presentation to the hearing officer
				  or the Board prior to or during the rule-making hearing.
Authority
					 G.S.
					 150B-21.2;
Eff. June 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0500 - RULE MAKING HEARINGS › Section 42K .0504 - POWERS AND DUTIES OF THE HEARING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  hearing officer at a rule-making hearing shall have complete control of the
				  proceedings, including:
(1) extending any
				  time limitations;
(2) recognizing
				  speakers;
(3) setting time
				  allotments for presentations;
(4)
				  questioning speakers;
(5) directing
				  the discussion; and
(6) otherwise
				  managing the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0600 - PUBLIC ACCESS TO RULE MAKING › Section 42K .0601 - FILING WRITTEN COMMENTS ON PROPOSED RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  may file with the Board a written submission containing data, comments, or
				  arguments for or against a rule, after publication of a Notice of Rule-making
				  by the Board. Written comments must be received not later than 30 days after
				  the notice is issued, unless a different period has been prescribed in the
				  notice or granted upon request.
(b)
				  The envelope containing the written submission should bear the notation
				  "WRITTEN COMMENT RE:" and clearly state the rule or rules commented
				  upon.
(c) Upon receipt of written
				  comments, the Board will acknowledge the receipt in writing with an assurance
				  that the comments therein will be considered fully.
Authority
					 G.S.
					 150B-21.2;
Eff. June 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0600 - PUBLIC ACCESS TO RULE MAKING › Section 42K .0602 - STATEMENT OF REASONS FOR THE BOARD'S DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  request by an interested person, the Board shall provide a concise statement of
				  the principal reasons for and against the adoption of a rule and the factors
				  that led to overruling the considerations urged against its adoption.
(b) The request must be made in writing and
				  received by the Board prior to adoption of the rule or within 30 days
				  thereafter. The envelope containing the request should clearly bear the
				  notation "REQUEST FOR STATEMENT OF REASONING RE:" and clearly state the rule or
				  rules in question.
Authority
					 G.S.
					 150B-21.2;
Eff. June 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0600 - PUBLIC ACCESS TO RULE MAKING › Section 42K .0603 - PUBLIC ACCESS TO THE RULE MAKING RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A record of
				  each rule-making proceeding will be maintained by the Board for as long as the
				  rule is in effect and for two years thereafter.
(b) The record will contain:
(1) the original petition for rule-making, if
				  any;
(2) the Notice of
				  Rule-making;
(3) all written
				  memoranda and information submitted by the public;
(4) a record or summary of oral
				  presentations, if any;
(5) all
				  requests for a Statement of Reasons with the Board's response
				  thereto.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0700 - DECLARATORY RULINGS › Section 42K .0701 - NATURE OF THE DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  declaratory ruling is a quasi-judicial order of the Board, by which it
				  addresses issues raised by an interested person regarding:
(1) the manner in which a statute
				  administered by the Board applies to a given fact situation;
(2) the manner in which a rule adopted by the
				  Board applies to a given fact situation; or
(3) whether a particular rule of the Board is
				  valid.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0700 - DECLARATORY RULINGS › Section 42K .0702 - SUBMITTING A REQUEST FOR DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  requests for declaratory rulings shall be written and mailed to the Board. The
				  envelope containing the request should clearly bear the notation: "REQUEST FOR
				  DECLARATORY RULING".
(b) Each
				  Request for Declaratory Ruling must include the following information:
(1) the name and address of the person
				  requesting the ruling;
(2) the
				  statute or rule to which the request relates;
(3) a concise statement of the manner in
				  which the requesting person is affected by the statute or rule or its potential
				  application to that person;
(4) a
				  statement whether an oral hearing is desired and, if so, the reason
				  therefor.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0700 - DECLARATORY RULINGS › Section 42K .0703 - RESPONSE TO THE REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt of
				  a Request for Declaratory Ruling, the Board shall determine whether a ruling is
				  appropriate under the facts stated.
(b) The Board shall proceed to issue a
				  declaratory ruling where the person requesting the ruling shows that, with
				  regard to the facts presented:
(1) the statute
				  or rule in question is unclear on its face;
(2) circumstances are so changed since the
				  adoption of the statute or rule that a declaratory ruling is
				  warranted;
(3) the factors
				  specified in the request were not given appropriate consideration by the Board
				  at the time the rule was adopted;
(4) the statute administered by the Board is
				  unclear in its application to the requesting person's facts; or
(5) a fair question exists regarding the
				  validity of the rule due to:
(A) an absence of
				  statutory authority to adopt the rule;
(B) irregularities in the rule-making
				  proceedings; or
(C) improper filing
				  or distribution of the rule after the Board's adoption thereof.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter K - RULEMAKING PROCEDURES › Section .0700 - DECLARATORY RULINGS › Section 42K .0704 - RECORD OF DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A record of
				  each declaratory ruling and the proceedings held in connection with such ruling
				  will be maintained by the Board at least until:
(1) the statute or rule interpreted by the
				  declaratory ruling is amended or repealed;
(2) the Board prospectively changes the
				  declaratory ruling;
(3) any court
				  sets aside the ruling in litigation between the Board and the party requesting
				  the ruling; or
(4) any court of the
				  Appellate Division of the General Court of Justice construes the statute or
				  rule that is the subject of the declaratory ruling in a manner plainly
				  irreconcilable with the declaratory ruling.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0101 - RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
When the Board acts or proposes to act, other than in
				  rule-making or declaratory ruling proceedings, in a manner which will affect
				  the rights, duties, or privileges of a specific, identifiable person, such
				  person has the right to an administrative hearing. When the Board proposes to
				  act in such a manner, it shall give all such affected persons notice of their
				  right to a hearing by mailing by certified mail to them at their last known
				  address a notice of the proposed action and a notice of a right to a
				  hearing.
Authority
				  G.S.
				  90-117.5;
				  150B-11;
				  150B-38;
Eff. June
				  1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0102 - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an
				individual believes that individual's rights, duties, or privileges have been
				affected by the Board's administrative action, but he has not received notice
				of a right to an administrative hearing, that individual may file a formal
				request for a hearing.
(b) Any
				person affected by or aggrieved by the Board's action or proposed action must
				file his request for an administrative hearing in the Board's office so that it
				is received by the Board within sixty days of the date such person receives
				notice of the Board's action or proposed action. For purposes of this Rule,
				"notice" is given by the Board and received by the affected individual:
(1) for an action taken or proposed to be
				taken by the entire Board, on the date notice of such action is mailed by the
				Board to the affected person at his or her last known address according to the
				records of the Board;
(2) for an
				action proposed by a committee of the Board, including a probable cause or
				investigatory committee, from the date the proposed resolution, proposal for
				settlement, or other proposed action is mailed to the affected person at his
				last known address as contained in the Board records. Provided, however, that
				if within thirty days of receipt of such notice the affected person proposes in
				writing to continue informal negotiations to settle the matters at issue, the
				Board or its committee handling such matter may, in its discretion, agree to
				toll the running of the sixty-day period or extend the sixty-day period on such
				terms as the Board deems appropriate;
(3) for any person affected by a decision of
				the Board concerning licensure, including an approval or rejection of an
				application form for licensure, the approval or denial of an application for
				licensure under
				G.S.
				90-118.5 or
				90-118.7, or a decision by the
				Board that an applicant has passed or failed a clinical practicum examination
				administered by the Board, from the date notice of such decision is mailed to
				the affected person at his last known mailing address as contained in the Board
				records.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0103 - GRANTING OR DENYING HEARING REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board will grant a request for a hearing if it determines that the party
				requesting the hearing is a "person aggrieved" within the meaning of
				G.S.
				150B-2(6).
(b) The denial of a request for a hearing
				will be issued immediately upon decision, and in no case later than 60 days
				after the submission of the request. Such denial shall contain a statement of
				the reasons leading the Board to deny the request.
(c) Approval of a request for a hearing will
				be signified by the issuing of a notice as required by
				G.S.
				150B-38(b) and explained in
				Rule .0104 of this Section.
Authority
				  G.S.
				  90-117.5;
				  150B-11;
				  150B-38;
Eff. June
				  1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0105 - NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				give the party or parties in a contested case a notice of hearing not less than
				15 days before the hearing. Said notice shall contain the following
				information, in addition to the items specified in
				G.S.
				150B-38(b):
(1) the name, position, address and telephone
				number of a person at the office of the Board to contact for further
				information or discussion;
(2) the
				date, time, and place for a pre-hearing conference, if any; and
(3) any other information deemed relevant to
				informing the parties as to the procedure of the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0106 - WRITTEN RESPONSE TO THE NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any party
				served with a notice of hearing may file a written response. Such response
				shall be served on the Board by certified mail at the address specified in
				21 NCAC
				42A .0001. The U.S. Post Office postmark or
				cancellation stamp date on such envelope shall be deemed the date such response
				was served on the Board.
(b) If the
				written response is submitted in lieu of a personal appearance by the party at
				the hearing, the envelope containing the response must bear the notation:
				"RESPONSE IN LIEU OF APPEARANCE IN THE CASE OF (name of case)" and the official
				file or reference number of the proceeding. The party shall mail the response
				in lieu of appearance by first class mail, postmarked not less than ten full
				days prior to the date set for the hearing.
Authority
				  G.S.
				  90-117.5;
				  150B-38;
Eff. June
				  1, 1989;
Amended Eff. April 1, 1993;
Renumbered from
				  21 NCAC
				  42L .0005 Eff. April 1, 1993;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0107 - WHO SHALL HEAR CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
All administrative hearings will be conducted by the Board, a
				  panel consisting of a majority of the members of the Board, or an
				  administrative law judge designated to hear the case pursuant to
				  G.S.
				  150B-40(e).
Authority
				  G.S.
				  90-117.5;
				  150B-11;
				  150B-38;
				  150B-40;
Eff. June
				  1, 1989;
Renumbered from
				  21 NCAC
				  42L .0006 Eff. April 1, 1993;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0108 - PRE HEARING CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board may
				direct the parties to conduct an informal pre-hearing conference, or the
				parties may request such a conference, at a time and place selected by the
				parties. If the parties do not agree on the time and place for the pre-hearing
				conference within a reasonable time, the Board may set the time and place of
				the pre-hearing conference, giving reasonable written notice to all parties in
				the proceedings. The Board may designate one or more persons from among its
				members and its attorneys to conduct the conference.
(b) At the discretion of the Board, all or
				part of the pre-hearing conference may be conducted by telephone or other
				electronic means, if each party has an opportunity to participate while the
				conference is taking place.
(c) The
				parties shall conduct the pre-hearing conference to deal, where applicable,
				with:
(1) exploring settlement
				possibilities;
(2) formulating,
				clarifying, and simplifying the issues to be contested at the
				hearing;
(3) preparing stipulations
				of facts or findings;
(4) ruling on
				the identity and number of witnesses;
(5) determining the extent to which direct
				evidence, rebuttal evidence, or cross-examination will be presented in written
				form and the extent to which telephone, video tape, or other electronic means
				will be used as a substitute for proceedings in person;
(6) determining what depositions, discovery
				orders, or subpoenas will be needed;
(7) determining the need for consolidation of
				cases or joint hearing;
(8)
				determining the order of presentation of evidence and cross-examination;
				and
(9) considering any other
				matters which may promote the prompt, orderly, and efficient disposition of the
				case.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0109 - PETITION FOR INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				person desiring to intervene in a contested case must file a written petition
				with the Board's office. The petition should bear the notation: PETITION TO
				INTERVENE IN THE CASE OF (Name of Case).
(b) The petition must include the following
				information:
(1) the name and address of
				petitioner;
(2) the business or
				occupation of petitioner, where relevant;
(3) a full identification of the hearing in
				which petitioner is seeking to intervene;
(4) the statutory or non-statutory grounds
				for intervention;
(5) any claim or
				defense in respect of which intervention is sought; and
(6) a summary of the arguments or evidence
				petitioner seeks to present.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0110 - TYPES OF INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Intervention of
				Right. A petition to intervene as of right, as provided in the North Carolina
				Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the
				criteria of that rule and the petition is timely.
(b) Permissive Intervention. A petition to
				intervene permissively, as provided in the North Carolina Rules of Civil
				Procedure, Rule 24, will be granted if the petitioner meets the criteria of
				that rule and the Board determines that:
(1)
				There is sufficient legal or factual similarity between the petitioner's
				claimed rights, privileges, or duties and those of the parties to the hearings;
				and
(2) Permitting the petitioner
				to intervene as a party would aid the purpose of the hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0113 - WITNESSES

Current through Register Vol. 39, No. 2, July 15, 2024
Any party may be a witness and may present witnesses on the
				  party's behalf at the hearing. All oral testimony at the hearing shall be under
				  oath or affirmation and shall be recorded. At the request of a party or upon
				  the Board's own motion, the presiding officer may exclude witnesses from the
				  hearing room so that they cannot hear the testimony of other
				  witnesses.
Authority
				  G.S.
				  90-117.5;
				  150B-11;
				  150B-38;
				  150B-40;
Eff. June
				  1, 1989;
Renumbered from
				  21 NCAC
				  42L .0012 Eff. April 1, 1993;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0114 - PLEADINGS: BRIEFS: MOTIONS: SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board
				shall give all parties full opportunity, at appropriate stages of the
				proceedings, to file pleadings, motions, objections, and offers of
				settlement.
(b) The Board may give
				all parties full opportunity, at appropriate stages of the proceedings, to file
				briefs, proposed findings of fact and conclusions of law, and proposed
				orders.
(c) A party who files any
				such item shall serve copies on all parties by personal service or by
				mail.
Authority
				  G.S.
				  90-117.5;
				  150B-33;
Eff. June
				  1, 1989;
Renumbered from
				  21 NCAC
				  42L .0013 Eff. April 1, 1993;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0115 - FINAL DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
In all cases heard by the Board, the Board will issue its
				  decision within 60 days after its next regularly scheduled meeting following
				  the close of the hearing. This decision will be the prerequisite "final agency
				  decision" for the right to judicial review.
Authority
				  G.S.
				  90-117.5;
				  150B-11;
				  150B-38;
				  150B-42;
Eff. June
				  1, 1989;
Renumbered from
				  21 NCAC
				  42L .0014 Eff. April 1, 1993;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0116 - PROPOSALS FOR DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an
				administrative law judge conducts a hearing pursuant to
				G.S.
				150B-40(e), a "proposal for
				decision" shall be rendered within 45 days of the hearing pursuant to the Rules
				of the Office of Administrative Hearings, 26 N.C.A.C. 3 .0026. The parties may
				file written exceptions to this "proposal for decision" and submit their own
				proposed findings of fact and conclusions of law. The exceptions and
				alternative proposals must be filed within ten days after the party has
				received the "proposal for decision" as drafted by the administrative law
				judge.
(b) Any exceptions to the
				procedure during the hearing, the handling of the hearing by the administrative
				law judge, rulings on evidence, or any other matter must be written and refer
				specifically to pages of the record or otherwise precisely identify the
				occurrence to which exception is taken. The exceptions must be filed with the
				Board within ten days of the receipt of the proposal for decision. The written
				exceptions should bear the notation: EXCEPTIONS TO THE PROCEEDINGS IN THE CASE
				OF (Name of case).
(c) Any party
				may present oral argument to the Board upon request. The request must be
				included with the written exceptions.
(d) Upon receipt of a request for further
				oral argument, notice will be issued promptly to all parties designating the
				time and place for such oral argument.
(e) Giving due consideration to the proposal
				for decision and the exceptions and arguments of the parties, the Board may
				adopt the proposal for decision or may modify it as the Board deems necessary.
				The decision rendered will be a part of the record and a copy thereof given to
				all parties. The decision as adopted or modified becomes the "final agency
				decision" for the right to judicial review. Said decision will be rendered by
				the Board within 60 days of the next regularly scheduled meeting following the
				oral arguments, if any. If there are no oral arguments presented, the decision
				will be rendered within 60 days of the next regularly scheduled Board meeting
				following receipt of the written exceptions.
Authority
				  G.S.
				  90-117.5;
				  150B-11;
				  150B-38;
				  150B-40;
Eff. June
				  1, 1989;
Renumbered from
				  21 NCAC
				  42L .0015 Eff. April 1, 1993;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter M - PRECEPTORSHIPS › Section 42M .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Subchapter:
(1) An "institution" is a school or college
				of optometry approved by the Board in accordance with Rule
				21 NCAC
				42B .0101.
(2) A "preceptee" is an individual who is
				still enrolled as a student in a school or college of optometry approved by the
				Board and whose clinical training is continuing under the auspices and control
				of the institution in which he or she is enrolled and under the supervision of
				the preceptor to which he or she has been assigned by his or her
				institution.
(3) A "preceptor" is
				an optometrist, duly licensed in the State of North Carolina, credentialed by
				the institution for which he is serving as preceptor and who has been approved
				by the Board to act as such and under whose supervision a preceptee
				serves.
(4) A "preceptorship" is a
				course of study in which students enrolled in a school approved pursuant to
				Rule 21
				NCAC 42B .0101 receive part of their clinical
				training in a private practice setting outside the direct confines of the
				educational institution and whose training is continuing under the auspices and
				overall responsibility of the institution in which he or she is enrolled and
				under the supervision of a preceptor credentialed by the institution for which
				he or she is acting as a preceptor and whose credentials have been approved by
				the board.
Authority
				  G.S.
				  90-115.1(3);
				  90-117.5;
Eff. April
				  1, 1993;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23, 2015;
Amended Eff. March
				  1, 2023.