reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0700 - RECOVERY FUND › Section 04B .0701 - APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
All verified applications will be served upon the
					 Commission in accordance with the procedures set forth in
					 G.S.
					 1A-1, Rule 4(j)(4).
Authority
					 G.S.
					 85B-4.2;
Eff. January 1,
					 1995;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0801 - CONTINUING EDUCATION COURSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To
				  renew a license in active status, an auctioneer, apprentice auctioneer, or
				  designated person(s) in an auction firm shall complete Board-approved course(s)
				  consisting of the hours of instruction as established as in Paragraph (d) of
				  this Rule and shall provide documentation of completion of Board-approved
				  course(s) to the Board.
(1) An auctioneer,
				  apprentice auctioneer, or designated person(s) in an auction firm shall provide
				  documentation on required continuing education courses to the Board by May 15th
				  of the current renewal period.
(2)
				  The Board shall not process a license renewal until the licensee has complied
				  with this Rule.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0802 - APPLICATION FOR ORIGINAL APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  entity seeking original approval to sponsor a course shall make application on
				  a form prescribed by the Board, which may be obtained from the Board using the
				  information in Rule .0102 of this Subchapter. The application form requires:
(1) the sponsor's legal name, and any assumed
				  names or trade names;
(2) the
				  sponsor's physical, postal mail, and email addresses;
(3) the sponsor's website address (if
				  any);
(4) the sponsor's telephone
				  number(s);
(5) the applicant's
				  name, which must be an owner of the sponsor;
(6) the applicant's physical, postal mail,
				  and email addresses;
(7) the
				  applicant's telephone number(s);
(8) the course name;
(9) the credit hours of the course;
(10) a description of the content and subject
				  matter of the course;
(11) the name
				  of the course instructor(s);
(12)
				  the name of the sponsor's continuing education coordinator; and
(13) the applicant's signature.
An applying entity that is not based in North Carolina
					 shall also file with the application a consent to service of process and
					 pleadings.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0803 - STUDENT FEE FOR COURSES

Current through Register Vol. 39, No. 2, July 15, 2024
Sponsors of a course may establish the amount of the fee to
					 be charged to students taking the course. However, the established fee shall be
					 an all-inclusive fee and no separate or additional fee may be charged to
					 students for providing course materials, providing course completion
					 certificates, reporting course completion to the Board, or for recouping other
					 administrative expenses.
Authority
					 G.S.
					 85B-4(e1);
Temporary Adoption Eff. January 1, 2000;
Eff. April 1,
					 2001;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0804 - APPROVAL OF CONTINUING EDUCATION INSTRUCTORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Approval of course instructors shall occur at the time of the approval of the
				  course sponsor. Approval of a course instructor authorizes the instructor to
				  teach the course only for the approved course sponsor. An approved course
				  instructor may not conduct a course unless the instructor is conducting the
				  course under the supervision of an approved course sponsor.
(b) An entity seeking original approval as a
				  course sponsor shall submit an application for each instructor for the course
				  on a form prescribed by the Board, which may be obtained from the Board using
				  the information in Rule .0102 of this Chapter. The application requires:
(1) the instructor's name;
(2) the instructor's postal mail and email
				  addresses;
(3) the instructor's
				  telephone number;
(4) the
				  instructor's education and experience; and
(5) the instructor's signature.
No additional application fee is required.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0805 - SPONSOR REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An entity is
				  eligible to seek approval as a sponsor of continuing education courses,
				  provided that the entity seeking approval is either the owner of the
				  proprietary rights to the course or has acquired from the course owner the
				  right to seek course approval from the Board and to conduct the
				  course.
(b) The official name used
				  by any course sponsor in connection with the offering of an approved continuing
				  education course shall distinguish the sponsor from any other approved
				  continuing education course sponsor. Unless the sponsor is an auction school
				  with approved curriculum and instructors pursuant to
				  G.S.
				  85B-4(d) that is proposing
				  to operate continuing education courses in its own name, the official name also
				  shall distinguish the sponsor from any auction school with approved curriculum
				  and instructors. Sponsor applicants proposing to use a sponsor name that does
				  not comply with this Paragraph shall be required to adopt a different name as a
				  condition of approval.
(c) Any
				  advertisement or promotional material utilized by an approved course sponsor
				  shall include the course sponsor's official name and shall not include any
				  other name for the sponsor.
(d) All
				  sponsors shall obtain written approval from the Board prior to advertising a
				  course or conducting a course and shall not advertise that a course is or may
				  be approved for continuing education credit in North Carolina prior to Board
				  approval. No retroactive approval to conduct a course shall be granted for any
				  reason.
(e) A sponsor of a course
				  shall designate one person to serve as the continuing education coordinator for
				  all Board-approved continuing education courses offered by the sponsor. The
				  designated coordinator shall serve as the contact person for the sponsor and
				  shall be responsible for the following:
(1)
				  Supervising the sponsor's Board-approved continuing education
				  courses;
(2) Signing the course
				  completion certificates provided by the sponsor to licensees completing
				  courses; and
(3) Submitting to the
				  Board all required rosters, reports and other information.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0806 - COURSE COMPLETION REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Course sponsors shall prepare and submit to the Board reports verifying the
				  student's completion of each continuing education course conducted. Sponsors
				  shall submit these reports to the Board within 30 calendar days following the
				  course, but in no case later than May 15 for courses conducted prior to that
				  date. Reports shall include the following:
(1) the course name;
(2) the sponsor and coordinator name, mailing
				  address, and telephone number;
(3)
				  the coordinator signature certifying that the information is correct;
(4) the name, address, and North Carolina
				  license number of each licensee who completed the course and who desires
				  continuing education credit for the course;
(5) the physical location where the course
				  was conducted;
(6) the date(s) and
				  starting and ending times of each course; and
(7) the number of credit hours.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0807 - CHANGE IN SPONSOR OWNERSHIP AND OTHER INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  approval granted to a course sponsor may be transferred to a new or different
				  entity only with the advance approval of the Board.
(b) Course sponsors shall notify the Board in
				  writing prior to any change in business name, continuing education coordinator,
				  address, or business telephone number.
(c) Course sponsors shall obtain advance
				  approval from the Board for any changes to be made in the content or number of
				  hours for courses. However, changes in course content made for the purpose of
				  assuring that information provided in a course is current and accurate do not
				  require approval during the approval period, but shall be reported at the time
				  the sponsor requests renewal of course approval. Requests for approval of
				  changes shall be in writing.
Authority
					 G.S.
					 85B-4(e1);
Temporary Adoption Eff. January 1, 2000;
Eff. April 1,
					 2001;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0808 - COURSE RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
All course sponsors shall retain on file for two years
					 records of student registration and attendance for each session of a continuing
					 education course that is conducted and shall make such records available to the
					 Board, or its staff, upon request.
Authority
					 G.S.
					 85B-4(e1);
Temporary Adoption Eff. January 1, 2000;
Eff. April 1,
					 2001;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0809 - RENEWAL OF COURSE AND SPONSOR APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
Board approval of all continuing education course sponsors
					 shall expire on the next June 30 following the date of issuance. A completed
					 renewal application prescribed by the Board shall be submitted to the Board
					 annually on or before April 30. Applicants for renewal as a continuing
					 education course sponsor shall make application on a form prescribed by the
					 Board, which may be obtained from the Board using the information in Rule .0102
					 of this Subchapter. The application form requires:
(1) the sponsor's legal name, and any assumed
				  names or trade names;
(2) the
				  sponsor's physical, postal mail, and email addresses;
(3) the sponsor's website address (if
				  any);
(4) the sponsor's telephone
				  number(s);
(5) the applicant's
				  name, which must be an owner of the sponsor;
(6) the applicant's physical, postal mail,
				  and email addresses;
(7) the
				  applicant's telephone number(s);
(8) the name(s) of any new
				  course(s);
(9) the credit hours of
				  any new course(s);
(10) a
				  description of the content and subject matter of any new course(s);
(11) the name of the course instructor(s) for
				  any new course(s);
(12) the name of
				  the sponsor's continuing education coordinator; and
(13) the applicant's signature.
Any continuing education course sponsor's renewal
					 applications that are not received or that are not complete on or before April
					 30 shall not have met the requirements for renewal and in order to conduct
					 continuing education shall seek approval pursuant to Rule .0802 of this
					 Section.
Authority
					 G.S.
					 85B-4(e1);
Temporary Adoption Eff. January 1, 2000;
Eff. April 1,
					 2001;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0810 - DENIAL OR WITHDRAWAL OF APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Board may deny or withdraw approval of any course or course sponsor upon
				  finding that:
(1) The course sponsor has made
				  any false statements or presented any false information in connection with an
				  application for course or sponsor approval or renewal of approval;
(2) The course sponsor or any instructor in
				  the employ of the course sponsor has refused or failed to comply with any of
				  the provisions of the rules of this Section;
(3) The course sponsor or any instructor in
				  the employ of the course sponsor has provided false or incorrect information in
				  connection with any reports the course sponsor is required to submit to the
				  Board;
(4) An instructor in the
				  employ of the course sponsor fails to conduct approved courses in accordance
				  with the teaching skills described in Rule .0815 of this Section; or
(5) Any court of competent jurisdiction has
				  found the course sponsor, any instructor, or any person in the employ of the
				  course sponsor to have violated, in connection with the offering of continuing
				  education courses, any applicable federal or state law or regulation
				  prohibiting discrimination on the basis of disability, requiring places of
				  public accommodation to be in compliance with prescribed accessibility
				  standards, or requiring that courses related to licensing or certification for
				  professional or trade purposes be offered in a place and manner accessible to
				  persons with disabilities.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0811 - REPEALED - MINIMUM CLASS SIZE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 85B-4(e1);
Temporary Adoption Eff. January 1, 2000;
Eff. April 1,
					 2001;
Repealed Eff. July 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0812 - SCHEDULING AND NOTICE OF SCHEDULED COURSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  hour of creditable instruction is defined as 50 minutes of instruction or
				  practical exercise accompanied by a break of up to 10 minutes.
(b) Sponsors shall provide the Board written
				  notice of all scheduled course offerings not later than 10 days prior to a
				  scheduled course date. The notice shall include the name of the sponsor and,
				  for each scheduled course, the name of the course, the scheduled date and time,
				  specific location, and name of the instructor(s).
(c) Sponsors shall notify the Board of any
				  schedule changes or course cancellations at least five days prior to the
				  original scheduled course date. If a change or cancellation is necessary five
				  or less days before the course date due to weather, staffing, or other
				  unforeseen circumstance, then notice shall be provided to the Board as soon as
				  possible, and in no event more than 10 days later.
Authority
					 G.S.
					 85B-4(e1);
Temporary Adoption Eff. January 1, 2000;
Eff. April 1,
					 2001;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0813 - ADVERTISING; PROVIDING COURSE INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Course sponsors shall not utilize advertising of any type that is false or
				  misleading. In any advertisement for a course, the sponsor shall state the
				  total number of hours of the course and the number of those hours that are
				  Board-approved for continuing education credit.
(b) Any flyers, brochures, or similar
				  materials utilized to promote a continuing education course shall state the fee
				  to be charged and the sponsor's cancellation and fee refund policies.
(c) Upon course approval, course sponsors
				  shall include in course descriptions and promotional materials the information
				  contained in the following illustration: This course [seminar or program] has
				  been approved by the Board for continuing education credit in the amount of __
				  hours. This course is not sponsored by the Board.
(d) Course sponsors of any course shall
				  provide to any prospective student, upon request, a description of the course
				  content.
Authority
					 G.S.
					 85B-4(e1);
Temporary Adoption Eff. January 1, 2000;
Eff. April 1,
					 2001;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0814 - CONDUCT OF CLASSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All class
				  sessions of approved continuing education courses shall be open to all
				  licensees on a first-come/first-served basis. The sponsor of a course that has
				  an education or experience prerequisite, such as an advanced course leading to
				  a special auctioneer designation, may refuse admission to a licensee not
				  satisfying such prerequisite.
(b)
				  Courses not conducted by electronic means shall be conducted in a facility that
				  provides a learning environment as set forth in
				  21 NCAC
				  04B .0502(f).
Authority
					 G.S.
					 85B-4(e1);
Temporary Adoption Eff. January 1, 2000;
Eff. April 1,
					 2001;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0815 - INSTRUCTOR CONDUCT AND PERFORMANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  instructors shall ensure that class sessions are conducted at the scheduled
				  time and for the full amount of time that is scheduled.
(b) Instructors shall conduct courses in
				  accordance with the Board's rules, and shall demonstrate the ability to:
(1) present accurate and relevant
				  information;
(2) communicate using
				  correct grammar and vocabulary;
(3)
				  present instruction in an organized manner, utilize illustrative examples, and
				  respond to questions from students;
(4) utilize a variety of instructional
				  techniques that require students to analyze and apply course content, including
				  teacher-centered approaches, such as lecture discussion, reading, group problem
				  solving, case studies, and scenarios;
(5) utilize instructional aids;
(6) identify key concepts and correct student
				  misconceptions;
(7) maintain
				  control of a class; and
(8) avoid
				  criticism of any other person, agency, or organization.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0816 - MONITORING ATTENDANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Sponsors and
				  instructors shall monitor attendance for the duration of each class session to
				  ensure that all students reported as completing a course according to these
				  Rules have attended at least 90 percent of the scheduled classroom hours.
				  Sponsors shall not admit students to a class session after 10 percent of the
				  scheduled classroom hours have been conducted. Unless a student satisfies the
				  attendance requirement in this Paragraph, the sponsor shall not allow the
				  student to sign a course completion card, issue a course completion certificate
				  to a student, or report to the Board that the student completed the course.
				  Sponsors and instructors shall not make any exceptions to the attendance
				  requirement for any reason.
(b)
				  Sponsors shall provide adequate personnel, in addition to the instructor,
				  during all class sessions to assist the instructor in monitoring attendance and
				  performing the administrative tasks associated with conducting a
				  course.
Authority
					 G.S.
					 85B-4(e1);
Temporary Adoption Eff. January 1, 2000;
Eff. April 1,
					 2001;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0817 - STUDENT PARTICIPATION STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Students shall comply with the following student participation standards:
(1) A student shall direct his or her
				  attention to the instruction being provided and refrain from engaging in
				  activities unrelated to the instruction.
(2) A student shall refrain from engaging in
				  any activities that are disruptive to other students or the instructor, or that
				  otherwise disrupt the conduct of a class.
(3) A student shall comply with all
				  instructions provided by the sponsor or instructor related to providing
				  information needed to report completion of a course by the student.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0818 - ADDITIONAL SPONSOR REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Sponsors and instructors may make available for purchase by continuing
				  education students materials that belong to the sponsor or instructor. Class
				  time may not be used to promote or sell any materials or to solicit affiliation
				  or membership in any business, organization, or association.
(b) Course sponsors shall administer course
				  cancellation and fee refund policies in a consistent and non-discriminatory
				  manner. In the event a scheduled course is canceled, the course sponsor shall
				  attempt to notify preregistered students of the cancellation and all prepaid
				  fees received from such preregistered students shall be refunded within 30 days
				  of the date of cancellation or, with the student's permission, applied toward
				  the fees for another course.
(c)
				  Course sponsors shall admit the Board's authorized representative to monitor
				  any continuing education class without prior notice. The representative shall
				  not be required to register or pay any fee and shall not be reported as having
				  completed the course.
(d) Course
				  sponsors may deviate from the rules of this Section concerning the conduct of
				  continuing education courses, such as rules addressing classroom facilities and
				  instructional methods, as may be necessary in order for the sponsor to comply
				  with the Americans with Disabilities Act or other laws requiring such sponsors
				  to accommodate persons with disabilities. A sponsor providing a special
				  accommodation for a licensee with a disability that requires the sponsor to
				  deviate from these Rules shall notify the Board in writing of the accommodation
				  at the time reports are submitted for the class session attended by the
				  licensee.
Authority
					 G.S.
					 85-4(e1);
Temporary Adoption Eff. January 1, 2000;
Eff. April 1,
					 2001;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0800 - CONTINUING EDUCATION › Section 04B .0819 - ALTERNATIVE COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An auctioneer,
				  apprentice auctioneer, or designated person of an auction firm who is unable to
				  attend a Board-approved course and obtain the requisite hours of instruction
				  established by the Board may submit evidence of alternative
				  compliance.
(b) A written
				  submission of alternative compliance shall be received by the Board by May 15
				  of the year when the requisite hours of instruction are to be
				  completed.
(c) The course of
				  instruction submitted as alternative compliance shall be completed prior to
				  license renewal.
(d) Alternative
				  compliance shall include:
(1) Academic courses
				  at a community college, junior college, college, or university accredited by an
				  agency recognized by the United States Department of Education in any of the
				  following topics:
(A) Accounting;
(B) Finance;
(C) Business Management;
(D) Business Law;
(E) Economics;
(F) Marketing;
(G) Computer Science; or
(H) Sales.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 05 - BEHAVIOR ANALYST LICENSURE › Section .0100 - GENERAL › Section 05 .0102 - BOARD ADDRESS AND WEBSITE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Unless otherwise directed, all correspondence shall be mailed to the following
				address:
701 Exposition Place
Suite 206
Raleigh, NC 27615
(b) The Board website shall be
www.ncbehavioranalystboard.org
.
Authority
				  G.S.
				  90-734;
Eff. February 1,
				  2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 05 - BEHAVIOR ANALYST LICENSURE › Section .0200 - APPLICATIONS › Section 05 .0201 - APPLICATION FOR LICENSURE OF LICENSED BEHAVIOR ANALYST AND LICENSED ASSISTANT BEHAVIOR ANALYST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Behavior
				Analyst License applicant shall submit the following to the Board:
(1) Documentation of all previous
				professional human services licenses held by the applicant;
(2) Attestation that the applicant has read
				and agrees to adhere to the current version of the Ethics Code for Behavior
				Analysts published by the certifying entity;
(3) Documentation of all work experience in
				the field of behavior analysis, including internships, practicum, and other
				field experience completed as part of an educational course of study;
(4) Documentation of all certifications of
				behavior analysis currently or previously granted by national or other state
				certification bodies as described in Rule .0203 of this Section.
(5) Payment of all required fees;
(6) Signed consent form provided by the State
				Bureau of Investigation or NC Department of Justice authorizing the completion
				of a certified criminal records check based on the applicant's fingerprints
				provided to a local law enforcement office; and
(7) Two letters of reference as described in
				Rule .0202 of this Section.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 05 - BEHAVIOR ANALYST LICENSURE › Section .0200 - APPLICATIONS › Section 05 .0202 - REFERENCES

Current through Register Vol. 39, No. 2, July 15, 2024
The application for Behavior Analyst License and Assistant
				  Behavior Analyst shall include two letters of reference, to be submitted to the
				  Board by the applicant. The two letters of references shall include:
(1) name of reference and
				applicant;
(2) period of time the
				reference has known the applicant;
(3) nature of professional relationship;
				and
(4) knowledge of the
				applicant's training, experience, professional skills, and adherence to legal
				and ethical standards.
Authority
				  G.S.
				  90-734;
				  90-736;
Eff. February
				  1, 2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 05 - BEHAVIOR ANALYST LICENSURE › Section .0200 - APPLICATIONS › Section 05 .0203 - CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The applicant
				for Behavior Analyst License or Assistant Behavior Analyst shall submit an
				official copy of the applicant's Behavior Analyst certification to the
				Board.
(b) The Board shall accept
				electronic submissions of the Behavior Analyst certification.
Authority
				  G.S.
				  90-734;
				  90-736;
				  90-737;
				  90-738;
Eff. February
				  1, 2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 05 - BEHAVIOR ANALYST LICENSURE › Section .0300 - FEES › Section 05 .0301 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The fees to obtain a Behavior Analyst
				License shall be:
(1) Application Fee - Two
				hundred fifty dollars ($250.00);
(2) Renewal Fee - Two hundred dollars
				($200.00);
(3) Late Renewal Fee -
				Fifty dollars ($50.00);
(4)
				Reciprocity Fee - Two hundred fifty dollars ($250.00); and
(5) Temporary License Fee - One hundred
				dollars ($100.00).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 05 - BEHAVIOR ANALYST LICENSURE › Section .0400 - SUPERVISION › Section 05 .0401 - SUPERVISION OF ASSISTANT BEHAVIOR ANALYST

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Applicants for licensure as an assistant behavior analyst shall provide to the
				Board a supervisory agreement between the licensed behavior analyst and the
				licensed assistant behavior analyst.
(b) Applicants for licensure as an assistant
				behavior analyst shall maintain a copy of the supervisory agreement while
				supervised. The supervisor of the licensed assistant behavior analyst shall
				maintain a copy of the signed supervisor agreement, supervision logs, and
				evaluations for at least seven years following the termination of the
				supervisory relationship This documentation shall be made available to the
				Board upon request.
(c) Supervision
				activities by the licensed behavior analyst include:
(1) Direct observation of the supervisee
				implementing behavior analytic assessment and intervention procedures with
				clients in natural environments or training others to implement them, with
				feedback from the supervisor. The observation may be done in-person, on-site,
				or using asynchronous or synchronous formats.
(2) One-to-one, live, person-to-person, or
				synchronous virtual interactions between supervisor and supervisee to review
				and discuss assessment and treatment plans and procedures, client assessment
				and progress data and reports, published research, ethical and professional
				standards and guidelines, professional development needs and opportunities, and
				relevant laws, regulations, and policies.
(3) Live, person-to-person, or synchronous
				virtual interactions between a supervisor and a group of supervisees to review
				and discuss assessment and treatment plans and procedures, client assessment
				and progress data and reports, published research, ethical and professional
				standards and guidelines, professional development needs and opportunities, and
				relevant laws, regulations, and policies.
(4) The frequency and nature of supervision
				interactions shall be consistent with the supervisory requirements set forth by
				the certifying entity in the Board Certified Assistant Behavior Analyst (BCaBA)
				handbook, which is hereby incorporated by reference, including subsequent
				amendments and editions, and may be found at
https://www.bacb.com/
at no cost.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 05 - BEHAVIOR ANALYST LICENSURE › Section .0400 - SUPERVISION › Section 05 .0402 - SUPERVISION OF BEHAVIOR TECHNICIANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Behavior technicians shall be supervised by a licensed behavior analyst or a
				licensed assistant behavior analyst.
(b) Any licensed behavior analyst or licensed
				assistant behavior analyst employing or supervising behavior technicians who
				are implementing applied behavior analysis interventions designed by the
				licensed behavior analyst or licensed assistant behavior analyst shall maintain
				professional responsibility for the quality of the interventions rendered and
				for the effects of the interventions upon the client, patient, or other
				individuals.
(c) The behavior
				analyst shall have face-to-face contact, including in-person or synchronous
				virtual interactions, during the course of services with all patients, clients,
				or other recipients of services delivered by behavior technicians as part of
				the interventions designed by the licensed behavior analysts or licensed
				assistant behavior analysts.
(d)
				Any licensed behavior analyst or licensed assistant behavior analyst employing
				or supervising behavior technicians who are implementing applied behavior
				analysis interventions designed by the licensed behavior analyst or licensed
				assistant behavior analyst shall maintain documentation to demonstrate their
				adherence to this Rule. This documentation shall be supervision contracts,
				supervision logs, and meeting notes. The licensed behavior analyst or licensed
				assistant behavior analyst shall maintain this documentation for at least seven
				years following the termination of applied behavior analysis services by the
				behavior technician.
(e) Behavior
				technicians shall be utilized to perform only:
(1) non-client-related tasks, clerical tasks,
				maintenance activities, and the preparation of the work area and equipment;
				and
(2) client-related tasks that,
				in the opinion of and under the supervision of a licensed behavior analyst or a
				licensed assistant behavior analyst, have no potential to adversely impact the
				client or the client's treatment plan and do not constitute the practice of
				behavior analysis. The behavior technician shall not design assessment or
				intervention plans or procedures.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 05 - BEHAVIOR ANALYST LICENSURE › Section .0500 - ETHICS › Section 05 .0501 - ETHICS

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall use The Ethics Code for Behavior Analysts,
				  which is hereby incorporated by reference, including subsequent amendments and
				  editions, and may be found at
https://www.bacb.com/
at no cost, in
				  determining whether ethical violations have occurred.
Authority
				  G.S.
				  90-731;
				  90-734;
				  90-742;
Eff. February
				  1, 2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 05 - BEHAVIOR ANALYST LICENSURE › Section .0600 - DISCIPLINARY INVESTIGATION › Section 05 .0601 - COMPLAINT PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Initiation. Any
				individual with personal knowledge that any person has violated the Code of
				Conduct, any other rules of this Chapter, or G.S. 90, Article 43, may file a
				complaint by submitting the Ethics Complaint Form found on the Board's
				website.
(b) Form. The complaint
				shall be in typed or handwritten format stating the nature of the alleged
				offense and signed by the complainant. The complaint shall include:
(1) the name, address, and telephone number
				of the complainant;
(2) the name
				and address of the person against whom the complaint is made ("respondent");
				and
(3) a statement of the facts
				that describe the allegations against the person.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 05 - BEHAVIOR ANALYST LICENSURE › Section .0600 - DISCIPLINARY INVESTIGATION › Section 05 .0602 - INVESTIGATION OF COMPLAINT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				ethics committee shall consist of a member of the Board as chairperson, the
				Board administrator and the Board's legal counsel. The ethics committee shall
				investigate the allegations in the complaint. The chairperson may appoint
				another Board member or name a subcommittee of the Board to serve on the ethics
				committee, if they determine there is a conflict of interest or that the
				complaint is outside of their investigatory skillset.
(b) The ethics committee may contact the
				complainant and person against whom the complaint is made.
(c) Upon completion of the investigation, the
				ethics committee may determine that:
(1) the
				person against whom the complaint is made is not a licensee or applicant of the
				Board, and does not qualify for an exemption pursuant to
				G.S.
				90-745. The ethics committee shall cease
				disciplinary action and the chairperson shall refer the matter for prosecution
				pursuant to
				G.S.
				90-746.
(2) the complaint is without merit. The
				ethics committee shall dismiss the complaint. The chairperson shall notify both
				parties of the dismissal; and
(3)
				upon completion of an investigation wherein the complaint is found to have
				merit or is not dismissed, the ethics committee chairperson may:
(A) offer a settlement resolution pursuant to
				G.S.
				150B-22;
(B) schedule a meeting with the
				respondent;
(C) notice a formal
				hearing before the Board; or
(D)
				take a voluntary dismissal of the case where the respondent relinquishes their
				license for an agreed upon period of time through a consent order.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 05 - BEHAVIOR ANALYST LICENSURE › Section .0600 - DISCIPLINARY INVESTIGATION › Section 05 .0603 - METHOD OF DISCIPLINE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Following an
				investigation or hearing the Board may:
(1)
				deny a license;
(2) revoke a
				license;
(3) suspend a license
				until further order of the Board or for a specified period of time;
(4) reprimand the Respondent; or
(5) take other actions not to be considered a
				disciplinary action, including a letter of caution or letter of warning without
				the consent of the Respondent.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0100 - ORGANIZATIONAL RULES › Section 06A .0101 - REPEALED - FORMAL NAME

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 86A-4;
Eff. February 1,
					 1976;
Readopted Eff. February 8, 1978;
Amended Eff.
					 March 1, 1983;
Repealed Eff. May 1,
					 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0100 - ORGANIZATIONAL RULES › Section 06A .0102 - ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board's
				  mailing address is 7001 Mail Service Center, Raleigh, North Carolina 27699-7000
				  and email addresses are barbers@nc.gov and electrolysis@nc.gov.
(b) The Board's physical address is 4328
				  Bland Rd, Raleigh, North Carolina 27609.
(c) The Board's website addresses are
				  barbers.nc.gov and ncbee.com.
(d)
				  The Board's phone number is (919) 814-0640.
Authority S.L.
					 2022-72, s. 2;
Eff. February 1, 1976;
Readopted Eff.
					 February 8, 1978;
Amended Eff. June 1, 2008; May 1,
					 1989;
Readopted Eff. July 1, 2016;
Amended Eff.
					 February 1, 2023; May 1, 2021; April 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0100 - ORGANIZATIONAL RULES › Section 06A .0103 - REPEALED - OFFICE HOURS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 86A-6;
Eff. February 1,
					 1976;
Readopted Eff. February 8, 1978;
Amended Eff.
					 June 1, 2008; May 1, 1989;
Repealed Eff. September 1,
					 2013.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0100 - ORGANIZATIONAL RULES › Section 06A .0104 - REPEALED - MAILING ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 86A-6;
Eff. February 1,
					 1976;
Readopted Eff. February 8, 1978;
Amended Eff. May
					 1, 1989;
Repealed Eff. June 1,
					 2008.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0100 - ORGANIZATIONAL RULES › Section 06A .0105 - REPEALED - PURPOSES AND RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Legislative Objection
					 Lodged Eff. March 7, 1983;
Statutory Authority
					 G.S.
					 86A-5;
					 86A-9;
					 86A-12;
					 86A-15;
					 86A-17;
					 86A-18;
					 86A-19;
					 86A-21;
86A-22;
					 86A-25;
Eff. February 1, 1976;
Readopted Eff. February
					 8, 1978;
Amended Eff. March 1, 1983;
Repealed Eff. May
					 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0200 - THE BOARD OF BARBER EXAMINERS › Section 06A .0201-.0205

Current through Register Vol. 39, No. 2, July 15, 2024
Legislative Objection
					 Lodged (.0202) Eff. March 7, 1983;
Statutory Authority
					 G.S.
					 86A-4;
					 86A-6;
					 86A-7;
Eff. February
					 1, 1976;
Readopted Eff. February 8, 1978;
Curative
					 Amended (.0202) Eff. April 6, 1983;
Amended Eff. March 1,
					 1983;
Repealed Eff. May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0200 - THE BOARD OF BARBER EXAMINERS › Section 06A .0206 - REPEALED - INSTRUCTORS CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 86A-7;
Eff. February 1,
					 1976;
Readopted Eff. February 8, 1978;
Repealed Eff.
					 March 1, 1983.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0200 - THE BOARD OF BARBER EXAMINERS › Section 06A .0207.0208

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 86A-7;
Eff. February 1,
					 1976;
Repealed Eff. February 8,
					 1978.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0200 - THE BOARD OF BARBER EXAMINERS › Section 06A .0209 - REPEALED - MONTHLY REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 86A-7;
Eff. February 1,
					 1976;
Readopted Eff. February 8, 1978;
Repealed Eff.
					 May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0300 - EXECUTIVE SECRETARY › Section 06A .0301 - REPEALED - EXECUTIVE SECRETARY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 86A-6;
Eff. February 1,
					 1976;
Readopted Eff. February 8, 1978;
Amended Eff. May
					 1, 1989; March 1, 1989;
Repealed Eff. September 1,
					 2013.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0300 - EXECUTIVE SECRETARY › Section 06A .0302 - REPEALED - INSTRUCTORS CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 86A-7;
					 86A-25;
Eff. February
					 1, 1976;
Repealed Eff. February 8,
					 1978.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0300 - EXECUTIVE SECRETARY › Section 06A .0303 - REPEALED - DUTIES OF EXECUTIVE SECRETARY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 86A-5(a)(4);
Eff. February 1, 1976;
Readopted Eff. February 8, 1978;
Amended Eff. May 1, 1989;
Repealed September 1,
					 2013.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0300 - EXECUTIVE SECRETARY › Section 06A .0304-.0305

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 86A-7;
					 86A-25;
Eff. February
					 1, 1976;
Repealed Eff. February 8,
					 1978.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter A - DEPARTMENTAL RULES › Section .0300 - EXECUTIVE SECRETARY › Section 06A .0306 - REPEALED - FUNDS COLLECTED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 86A-6;
Eff. March 1,
					 1983;
Repealed Eff. May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter B - RULE-MAKING PROCEDURES › Section .0100 - PETITONS FOR RULE-MAKING › Section 06B .0101 - PETITION FOR RULE-MAKING

Current through Register Vol. 39, No. 2, July 15, 2024
Any person submitting a petition to adopt, amend, or repeal
					 a rule by the Board shall address a petition to the Chairman at the office
					 address in
					 21 NCAC
					 06A .0102.
(1) The petition shall contain the following:
(a) for petitions to adopt or amend a rule, a
				  draft of the proposed rule or amendment;
(b) a statement of the effect of the
				  requested rule change; and
(c) the
				  name and address of the petitioner.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter B - RULE-MAKING PROCEDURES › Section .0100 - PETITONS FOR RULE-MAKING › Section 06B .0102 - REPEALED - CONTENTS OF PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 86A-25;
					 150A-11(1);
					 150A-16;
Eff.
					 February 1, 1976;
Readopted Eff. February 8, 1978;
Repealed Eff. May 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 06 - BARBER AND ELECTROLYSIS EXAMINERS › Subchapter B - RULE-MAKING PROCEDURES › Section .0100 - PETITONS FOR RULE-MAKING › Section 06B .0103 - REPEALED - PETITION FOR AMENDMENT OR REPEAL OF RULE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-20;
Eff. February 1,
					 1976;
Readopted Eff. February 8, 1978;
Amended Eff. May
					 1, 1989;
Repealed Eff. August 1,
					 2016.