reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0713 - CONTINUING EDUCATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To be
				eligible to renew a certificate, whether active standard or active limited, a
				Code Enforcement Official (CEO) shall have completed the requisite number of
				credit hours by June 30, 2007, and each June 30 thereafter.
(b) A credit hour is 50 minutes of class
				contact course instruction or 50 minutes of distance learning time.
(c) A CEO with an active limited certificate
				shall complete six hours of continuing education courses per renewal year in
				each technical area for which the limited certificate is valid. A CEO with an
				active standard certificate shall complete six hours of continuing education
				courses per renewal year for each standard certificate. A CEO with a limited
				and a standard certificate valid for the same technical area shall complete
				only six hours for that technical area.
(d) A CEO with only a probationary
				certificate and no standard or limited certificate is not required to complete
				any continuing education courses.
(e) If a course exceeds the number of credit
				hours specified for renewal of a technical area certificate, the excess credit
				hours may be carried forward into the following renewal year of that technical
				area certificate. The number of carry-forward credit hours shall not exceed
				six.
Authority
				  G.S.
				  143-151.13A(b);
				  143-151.13A(f)(1);
				  143-151.13A(f)(4);
				  143-151.13A(f)(5);
				  143-151.16(b);
Eff. March 1, 2006;
Amended Eff. April 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0714 - INACTIVE CODE ENFORCEMENT OFFICIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A CEO
				either who is no longer employed by a local inspection department or who
				remains employed by a local inspection department but no longer has Code
				enforcement responsibility shall be inactive. Inactive CEOs shall not be
				subject to certificate renewal requirements nor continuing education
				requirements.
(b) When an inactive
				CEO wishes to become reemployed as an active CEO, the CEO shall complete
				continuing education courses within one year after reemployment to re-activate
				certificates in addition to completing the courses required for renewal of
				certificates as follows:
(1) A CEO who has
				been on inactive status for more than two years and who has not been
				continuously employed by a localinspection department during the period of
				inactive status shall complete continuing education courses of six hours for
				each technical area in which the CEO is certified.
(2) A CEO who has been on inactive status for
				more than two years and who has been continuously employed by a local
				inspection department during the period of inactive status shall complete
				continuing education courses of three hours for each technical area in which
				the CEO is certified.
(3) A CEO who
				has been on inactive status for two years or less shall complete CE courses of
				two hours for each technical area in which the CEO is certified.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0715 - FAILURE TO COMPLETE CONTINUING EDUCATION

Current through Register Vol. 39, No. 2, July 15, 2024
Any active CEO who fails to complete the required continuing
				  education courses by June 30 of the current renewal year shall have his or her
				  certificates suspended until the CE requirement is met. A CEO without a
				  currently valid certificate shall not perform Code
				  enforcement.
Authority
				  G.S.
				  143-151.13A(f)(7);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0716 - COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General CEO
				compliance with annual CE requirements may be determined through an audit
				process conducted by the Board's staff. Determination of individuals to be
				audited shall be accomplished either through a random selection process or
				based on information available to the Board's staff. Individuals selected for
				auditing shall provide the Board's staff with documentation of the CE
				activities claimed for the renewal period, including attendance verification
				records in the form of transcripts, completion certificates, and any other
				documents supporting evidence of attendance.
(b) Attendance records shall be maintained by
				CEOs for a period of three years following the applicable certificate renewal
				date for audit verification purposes.
Authority
				  G.S.
				  143-151.13A(f);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0717 - EXTENSIONS OF TIME

Current through Register Vol. 39, No. 2, July 15, 2024
Upon petition to the Board staff, extensions of time to
				  complete continuing education courses shall be granted to CEOs for good cause
				  only, such as military service, physical disability, illness, and similar
				  hardship if the period of hardship exceeded 90 consecutive days. Supporting
				  documentation such as military orders or a letter from a physician must be
				  furnished to the Board's staff. The Board staff shall determine whether the
				  extension shall be granted within 10 calendar days of receipt of the petition
				  and shall notify the CEO of its determination.
Authority
				  G.S.
				  143-151.13A(e);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0718 - COURSE SPONSORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A course
				sponsor is an organization or individual that has submitted an application and
				has been approved by the Board to provide courses and instructors for
				continuing education. No retroactive approval of a sponsor shall be granted by
				the Board for any reason.
(b) A
				prospective sponsor of a CE course shall obtain written approval from the Board
				to conduct the course before offering or conducting the course and before
				advertising or otherwise representing that the course is or may be approved for
				continuing education credit.
(c)
				Sponsors may include community colleges; colleges and universities; CEO
				associations; trade associations; providers of self-paced or internet based
				training programs; city, county, and state inspection departments or other
				agencies; and private instructors. A prospective sponsor shall be approved by
				the Board as a course sponsor if, upon submission of a completed application
				under Paragraph (d) of this Rule, the Board determines that at least one course
				proposed to be offered by the prospective sponsor meets the criteria for course
				approval under
				11 NCAC
				08 .0720, each instructor that is to offer
				course instruction for the prospective sponsor satisfies the requirements of
				Paragraph (e) of this Rule, and there are no other grounds under the laws of
				North Carolina on the basis of which approval should not be granted to the
				sponsor.
(d) Each course sponsor
				shall submit an application for continuing education course sponsor approval to
				the Board on a form provided by the Board. The application shall include:
(1) The name of the sponsor;
(2) The sponsor contact person, address and
				telephone number;
(3) The course
				contact hours;
(4) A description of
				the courses or types of courses the sponsor proposes to offer and the schedule
				of courses, if established, including dates, time and locations; and
(5) The identity and qualifications and
				experience of each instructor.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0719 - CONTINUING EDUCATION COORDINATOR

Current through Register Vol. 39, No. 2, July 15, 2024
Each sponsor of a CE 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 official contact person for the sponsor and shall be responsible
				  for signing the course completion certificates provided by the sponsor to CEOs
				  completing courses and submitting to the Board's staff all required rosters,
				  sign-in sheets, reports, and other information.
Authority
				  G.S.
				  143-151.13A(f);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0720 - APPROVED COURSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To be approved
				for credit in the continuing education program, a course shall be directly
				related to State Building Codes, inspection, administration, or enforcement of
				State Building Codes; construction or design of buildings or electrical,
				mechanical, plumbing, or fire prevention systems; or certification courses
				approved for CEOs.
(b) Credit shall
				be given only for courses that have been approved by the Board. Continuing
				education courses for other State occupational licenses must be specifically
				approved to satisfy the Board's continuing education requirements. Courses from
				approved sponsors must be specifically approved before being offered.
(c) Some courses shall be approved for credit
				in more than one area of certification. A CEO with multiple certificates may
				apply the credit to any certificate for which the course is approved. If the
				course hours are greater than required for one certificate, the remaining hours
				may be applied to other certificates for which the course is approved or the
				remaining hours may be carried over in accordance with
				11 NCAC
				08 .0713(e).
(d) A CEO shall only receive credit for the
				same course once within any three-year period.
(e) A course shall contain a minimum of one
				credit hour.
(f) A CEO may select a
				course other than one offered by an approved sponsor. In order to obtain
				approval for the course, the CEO shall, upon completion of the course, submit
				an application for approval on a form provided by the Board. The application
				shall include:
(1) the topic;
(2) content of lecture material;
(3) date, time, and location of the
				course;
(4) name and qualifications
				of the instructor; and
(5) the
				number of course contact hours received upon completion of the course.
In lieu of the form, the CEO may submit a course brochure
				  that contains all of the information required by the form. The CEO shall also
				  provide verification of attendance from the course instructor. The Board shall
				  not accept any applications for course approval under this paragraph after
				  April 30 of each year.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0721 - COURSE ACCREDITATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Sponsors of prospective CE courses shall apply for approval from the Board by
				submitting the following information to the Board's staff for consideration:
(1) course title and outline;
(2) nature and purpose of the
				course;
(3) outline of the course,
				including the number of training hours for each segment; and
(4) copies of handouts and materials to be
				furnished to students.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0723 - DENIAL OR WITHDRAWAL OF APPROVAL OF SPONSOR OR COURSE

Current through Register Vol. 39, No. 2, July 15, 2024
The Board may deny, suspend or terminate approval of sponsors
				  or courses offered by a sponsor if the Board finds a failure to comply with the
				  Board's rules or the course outline, or for misstatements as to content or
				  participation.
Authority
				  G.S.
				  143-151.13A(f)(7);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0724 - SPONSOR AND COURSE CHANGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Course
				sponsors shall obtain prior approval from the Board's staff for any proposed
				changes in the content or number of hours for approved CE courses. Requests for
				approval of changes shall be in writing. The Board's staff shall approve the
				changes if they satisfy the accreditation requirements as provided in
				11 NCAC
				08 .0721. Changes in course content that are
				solely for the purpose of assuring that information provided in a course is
				current, such as updating to address code amendments or changes in regulations,
				need not be submitted for approval.
(b) Course sponsors shall give prior written
				notice to the Board's staff in writing of any change in business name,
				Continuing Education Coordinator, address, or business telephone
				number.
Authority
				  G.S.
				  143-151.13A(f)(2);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0725 - NOTICE OF SCHEDULED COURSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A sponsor
				shall provide the Board's staff with written notice of each scheduled course
				offering no later than 20 calendar days before a scheduled course date. The
				notice shall include the name and assigned number for the sponsor, the name and
				assigned number for the course, and the scheduled date, time, and location of
				the course.
(b) A sponsor shall
				notify any registered CEOs and the Board's staff of any schedule changes or
				course cancellations at least five calendar days before the original scheduled
				course date. If a change or cancellation becomes necessary after the five-day
				deadline, the sponsor shall notify the Board's staff and any registered CEOs as
				soon as the sponsor effects the change or cancellation.
Authority
				  G.S.
				  143-151.13A(f);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0726 - ADVERTISING AND PROVIDING COURSE INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Course
				sponsors shall not use false or misleading advertising.
(b) Any flyers, brochures, or other medium
				used to promote a CE course shall describe the fee to be charged and the
				sponsor's cancellation and fee refund policies.
(c) A sponsor of a CE course shall provide a
				description of the course content to the CEO.
Authority
				  G.S.
				  143-151.13A(f);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0727 - FEE FOR CE COURSES

Current through Register Vol. 39, No. 2, July 15, 2024
The sponsor of an approved CE course shall establish the
				  amount of any fee to be charged to CEOs taking the course. The fee shall be
				  all-inclusive. No separate or additional fee shall be charged to CEOs for
				  providing course materials, providing course completion certificates, reporting
				  course completion to the Board's staff, or for recouping administrative
				  expenses. The total amount of any fees to be charged shall be included in any
				  advertising or promotional materials for the course.
Authority
				  G.S.
				  143-151.13A(f);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0728 - CANCELLATION AND REFUND POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
If a scheduled course is canceled, a sponsor shall
				  immediately notify preregistered CEOs of the cancellation. All prepaid fees
				  received from preregistered CEOs shall be refunded within 30 days after the
				  date of cancellation. Failure to provide a refund shall result in revocation of
				  sponsor approval.
Authority
				  G.S.
				  143-151.13A(f);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0729 - COURSE ATTENDANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Course
				instructors shall monitor attendance to assure that all CEOs have completed the
				course. A CEO shall not be reported to the Board's staff as having completed a
				course unless the CEO satisfies the attendance requirement.
(b) Any CEO providing false information to a
				course sponsor shall not receive CE credits for the course, shall not be
				entitled to a refund of course fees, and may be subject to disciplinary action
				by the Board.
Authority
				  G.S.
				  143-151.13A(f);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0730 - ACCOMMODATIONS FOR PERSONS WITH DISABILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Course sponsors and instructors shall comply with the
				  Americans with Disabilities Act or other laws requiring accommodation of
				  persons with disabilities.
Authority
				  G.S.
				  143-151.13A(f);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0731 - COURSE COMPLETION REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				sponsor shall submit to the Board's staff a report verifying completion of a CE
				course for each CEO who completes the course. A sponsor shall submit this
				report to the Board's staff within 15 calendar days following the course
				completion. Reports shall be submitted electronically on forms provided by the
				Board. Reports shall include the sponsor name and the sponsor identifying
				number, the name and the identifying number of the CEO who completed the
				course, the date of course completion, the course name and course identifying
				number, the trade area to which the course applies, the instructor name, the
				standard or limited certificate number to which to credit the course, and the
				number of credit hours, and the renewal year to apply the course
				credit.
(b) Course sponsors shall
				provide CEOs enrolled in each CE course an opportunity to complete an
				evaluation on a form provided by the Board of each approved CE course. Sponsors
				shall submit the completed evaluation forms to the Board's staff. The
				evaluation form may be provided on the internet at the option of the
				provider.
(c) Course sponsors shall
				provide each CEO who completes an approved CE course with a course completion
				certificate. Sponsors shall provide the certificates to CEOs within 15 calendar
				days following the course completion. The certificate shall be retained for
				three years by the CEO as proof of having completed the course.
Authority
				  G.S.
				  143-151.13A(f);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0732 - RETENTION OF COURSE RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
All course sponsors shall retain records of student
				  registration, attendance, and course completion for CE courses for at least
				  three years. All course sponsors shall make these records available to the
				  Board's staff upon request.
Authority
				  G.S.
				  143-151.13A(f);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0733 - BOARD MONITORS

Current through Register Vol. 39, No. 2, July 15, 2024
A course sponsor shall admit representatives of the Board to
				  monitor any CE class without prior notice. Board representatives shall not be
				  required to register or pay any fee and shall not be reported as having
				  completed the course.
Authority
				  G.S.
				  143-151.13A(f);
Eff. February 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0734 - RESIDENTIAL CHANGEOUT INSPECTOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Qualifications and types:
(1) A residential
				changeout inspector shall be authorized to inspect the replacement of a
				residential appliance as described in Subparagraph (2) of this Paragraph for
				one-and-two family dwellings, and individual residential units of condominiums
				and apartments provided the individual residential appliance serves only that
				residential dwelling unit.
(2) A
				residential changeout inspector may inspect the replacement of heating and air
				conditioning appliances and water heaters, provided that all of the following
				apply:
(A) the new appliance requires no
				alterations to the existing ducting, fuel type, or piping systems other than
				that required for transitioning to the new appliance;
(B) any venting associated with the new
				appliance shall be allowed to be installed, replaced, and repaired where such
				venting does not pass through a rated assembly;
(C) any new gas appliance shall be of the
				same category as the appliance being replaced;
(D) the new appliance does not require
				relocation, excluding minor adjustments in the same general vicinity;
(E) the installation of the new appliance
				does not require the relocation or addition to the existing electrical system,
				except the replacement of the appliance's branch circuit overcurrent device, or
				the replacement of the appliance's branch circuit where such circuit does not
				pass through a rated assembly shall be allowed; and
(F) the electrical branch circuit serving the
				appliance is single phase.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0735 - EXPIRED - TEMPORARY CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-151.12;
				  143-151.13;
Emergency
				  Adoption Eff. April 20, 2020;
Temporary Adoption Eff. July 1,
				  2020;
Emergency Adoption Eff. February 25, 2021;
Temporary Adoption Eff. April 23, 2021;
Temporary Adoption Expired
				  Eff. February 11, 2022.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0700 - QUALIFICATION BOARD STANDARD CERTIFICATE › Section 08 .0736 - EXPIRED - FY 2020-2021 SPECIAL CE REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-151.12;
				  143-151.13A;
Emergency Adoption Eff. February 25, 2021;
Temporary Adoption Eff.
				  April 23, 2021;
Temporary Adoption Expired Eff. February 11,
				  2022.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0801 - DISCIPLINARY POWERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As used in this
				Section "Board" and "Code" have the same meanings as those terms are defined in
				G.S.
				143-151.8(a); and "official"
				means a qualified Code-enforcement official as defined in
				G.S.
				143-151.8(5).
(b) Any person who believes that an official
				is or has been in violation of
				G.S.
				143-151.17(a) may file a
				complaint against that official. Copies of this Section and
				G.S.
				143-151.17 shall be mailed to any person
				requesting complaint information from the Board.
(c) The complaint must specifically refer to
				one or more of the grounds in
				G.S.
				143-151.17(a). The name of
				the official, if known, and the name of the local inspection department must be
				listed. If the official is unknown, the complaint must refer to "the inspector
				who performed the building (or electrical, mechanical, plumbing, or fire
				prevention) inspection."
(d)
				Supporting information must be included to justify the complaint. If the
				complaint involves violations of the Code that the official did not discover, a
				list of those violations must be submitted with the complaint. Such information
				may be provided by the complainant, an architect, professional engineer,
				licensed contractor, certified inspector, or other person with knowledge of the
				Code. Supporting information must refer to specific violations of the Code or
				of the General Statutes.
(e) The
				complaint must be in writing, signed by the complainant, and dated. The
				complaint must include the complainant's mailing address and a daytime phone
				number at which the complainant may be reached. The street address of the
				structure must be included. There must be a notarized verification at the end
				of the complaint.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Eff. January 15, 1980;
Amended Eff. September 1, 1991;
Temporary Amendment Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Amended Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0802 - REPEALED - PRELIMINARY INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Amendment Eff. March 3, 1992 For a Period of 169 Days to Expire on August 21,
				  1992;
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17(b);
				  150B-38(h);
Eff. January 15, 1980;
Amended Eff. June 1, 1992; September 1,
				  1991;
Repealed Eff. July 18,
				  2002.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0803-0804

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150A-3(b);
				  150A-3(c);
				  150A-23(b)(c)(d);
Eff. January 15, 1980;
Repealed Eff. September 1,
				  1991.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0805 - HEARING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
In all contested case hearings before the Board, the Chairman
				  of the Board shall serve as presiding officer. In the absence of the Chairman,
				  the Vice-Chairman shall serve as presiding officer, or a presiding officer
				  shall be elected by the Board.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Eff. January 15, 1980;
Amended Eff. September 1, 1991;
Temporary Amendment Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Amended Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0806-0814

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150A-23(e);
				  150A-24;
				  150A-25;
				  150A-25(b);
				  150A-26;
150A-27;
				  150A-28(a); 150A-28(b); 150A-29; 150A-30; 150A-31(a); 150A-31(b);
150A-33; 150A-34; 150A-37; 150A-37(b);
Eff. January 15,
				  1980;
Repealed Eff. September 1,
				  1991.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0815 - FINAL BOARD ORDER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If after the
				close of a contested case hearing the Board decides that an official's conduct
				does not justify the suspension or revocation of his certificate but that his
				conduct does fail to conform to the standards of good code enforcement
				practice, the Board may issue a letter of reprimand or a letter of caution to
				the official in which the Board may summarize those deficiencies and make
				appropriate recommendations.
(b) If
				a final board order is to suspend, revoke, or refuse to issue a certificate,
				the order shall set forth the conditions, if any, that must be met in order to
				remove the suspension, to re-issue the certificate, or to issue the
				certificate.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17(c);
				  150B-38(h);
Eff. January 15, 1980;
Amended Eff. October 1, 1991;
Temporary Amendment Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0816-0818

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-151.12; 150A, Article 3; 150A, Article 4;
				  150A-35;
Eff. January 15, 1980;
Repealed Eff. September
				  1, 1991.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0819 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
Governed by the principles of fairness, uniformity, and
				  punctuality, the following general rules apply:
(1) The Rules of Civil Procedure as contained
				in G.S.
				1A-1, the General Rules of Practice for the
				Superior and District Courts as authorized by
				G.S.
				7A-34 and found in the Rules Volume of the
				North Carolina General Statutes apply in contested cases before the Board
				unless another specific statute or rule of the Board provides
				otherwise.
(2) The Board may
				supply, at the cost of reproduction, forms for use in contested
				cases.
(3) Every document filed
				with the hearing officer or the Board shall be signed by the author of the
				document, and shall contain his name, address, telephone number, and North
				Carolina State Bar number if the author is an attorney. An original and one
				copy of each document shall be filed.
(4) Except as otherwise provided by statute,
				the rules contained in this Section govern the conduct of contested case
				hearings under
				G.S.
				143-151.17.
(5) The content and the manner of service of
				the notice of hearing shall be as specified in
				G.S.
				150B-38(b) and
				(c).
(6) Venue in a contested case shall be
				determined in accordance with
				G.S.
				150B-38(e).
(7) Hearings shall be conducted, as nearly as
				practical, in accordance with the practice in the Trial Division of the General
				Court of Justice.
(8) Ex parte
				communications in a contested case are governed by
				G.S.
				150B-40(d).
(9) This Section and copies of all matter
				adopted by reference herein are available from the Board at the cost
				established in
				11 NCAC
				01 .0103.
(10) The rules of statutory construction
				contained in Chapter 12 of the General Statutes apply in the construction of
				this Section.
(11) Unless otherwise
				provided in the rules of the Board or in a specific statute, time computations
				in contested cases before the Board are governed by
				G.S.
				1A-1, Rule 6.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0820 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The definitions contained in
				  G.S.
				  150B-2, including subsequent amendments, are
				  incorporated herein by reference. In addition to the definitions in
				  11 NCAC
				  08 .0801(a), the following
				  definitions apply to this Section:
(1)
				"File or filing" means to place the paper or item to be filed into the care and
				custody of the hearing officer, and acceptance thereof by him, except that the
				Board may permit the papers to be filed with the Board, in which event the
				Board shall note thereon the filing date. All documents filed with the hearing
				officer or the Board, except exhibits, shall be duplicate in letter size 8" by
				11".
(2) "Hearing officer" means
				the presiding officer specified in
				11 NCAC
				08 .0805.
(3) "Party" means the Board, the official, or
				an intervenor who qualifies under
				11 NCAC
				08 .0831. "Party" does not include a
				complainant unless the complainant is allowed to intervene under
				11 NCAC
				08 .0831.
(4) "Service or serve" means personal
				delivery or, unless otherwise provided by law or rule, delivery by first class
				United States Postal Service mail or a licensed overnight express mail service,
				addressed to the person to be served at his or her last known address. A
				Certificate of Service by the person making the service shall be appended to
				every document requiring service under these Rules. Service by mail or licensed
				overnight express mail is complete upon addressing, enveloping, and placing the
				item to be served, in an official depository of the United State Postal Service
				or delivering the item to an agent of an overnight express mail
				service.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0821 - ORDER FOR PREHEARING STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The hearing officer may serve all parties with an order for
				  prehearing statements together with, or after service of, the notice of
				  hearing. Every party thus served shall, within 30 days after service, file the
				  requested statements setting out the party's present position on the
				  following:
(1) The nature of the
				proceeding and the issues to be resolved;
(2) A brief statement of the facts and
				reasons supporting the party's position on each matter in dispute;
(3) A list of proposed witnesses with a brief
				description of his or her proposed testimony;
(4) A description of what discovery, if any,
				the party will seek to conduct prior to the contested case hearing and an
				estimate of the time needed to complete discovery;
(5) Venue considerations;
(6) Estimation of length of the
				hearing;
(7) The name, address, and
				telephone number of the party's attorney, if any; and
(8) Other special matters.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0822 - DUTIES OF THE HEARING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
In conjunction with the powers in this Section and in
				  G.S.
				  143-151.17, the hearing officer shall perform
				  the following duties, consistent with law:
(1) Hear and rule on motions;
(2) Grant or deny continuances;
(3) Issue orders regarding prehearing
				matters, including directing the appearance of the parties at a prehearing
				conference;
(4) Examine witnesses
				when deemed to be necessary to make a complete record and to aid in the full
				development of material facts in the case;
(5) Make preliminary, interlocutory, or other
				orders as deemed to be appropriate;
(6) Recommended a summary disposition of the
				case or any part thereof when there is no genuine issue as to any material fact
				or recommend dismissal when the case or any part thereof has become moot or for
				other reasons; and
(7) Apply
				sanctions in accordance with
				11 NCAC
				08 .0829.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0823 - CONSENT ORDER; SETTLEMENT; STIPULATION

Current through Register Vol. 39, No. 2, July 15, 2024
Informal disposition may be made of a contested case or an
				  issue in a contested case by stipulation, agreement, or consent order at any
				  time during the proceedings. Parties may enter into such agreements on their
				  own or may ask for a settlement conference with the hearing officer to promote
				  consensual disposition of the case.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0824 - SETTLEMENT CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A settlement
				conference is for the primary purpose of assisting the parties in resolving
				disputes and for the secondary purpose of narrowing the issues and preparing
				for hearing.
(b) Upon the request
				of any party, the hearing officer shall assign the case to another Board member
				for the purpose of conducting a settlement conference. Unless the parties and
				the other Board member agree, a unilateral request for a settlement conference
				does not constitute good cause for a continuance. The conference shall be
				conducted at a time and place agreeable to all parties and the hearing officer.
				It shall be conducted by telephone if any party would be required to travel
				more than 50 miles to attend, unless that party agrees to travel to the
				location set for the conference. If a telephone conference is scheduled, the
				parties must be available by telephone at the time of the conference.
(c) All parties shall attend or be
				represented at a settlement conference. Parties or their representatives shall
				be prepared to participate in settlement discussions.
(d) The parties shall discuss the possibility
				of settlement before a settlement conference if they believe that a reasonable
				basis for settlement exists.
(e) At
				the settlement conference, the parties shall be prepared to provide information
				and to discuss all matters required in
				11 NCAC
				08 .0821.
(f) If, following a settlement conference, a
				settlement has not been reached but the parties have reached an agreement on
				any facts or other issues, the Board member presiding over the settlement
				conference shall issue an order confirming and approving, if necessary, those
				matters agreed upon. The order is binding on the hearing officer who is
				assigned to hear the case.
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 08 - ENGINEERING AND BUILDING CODES DIVISION › Section .0800 - DISCIPLINARY ACTIONS: OTHER CONTESTED MATTERS › Section 08 .0825 - PREHEARING CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of
				the prehearing conference is to simplify the issues to be determined; to obtain
				stipulations in regard to foundations for testimony or exhibits; to obtain
				stipulations of agreement on nondisputed facts or the application of particular
				laws; to consider the proposed witnesses for each party; to identify and
				exchange documentary evidence intended to be introduced at the hearing; to
				determine deadlines for the completion of any discovery; to establish hearing
				dates and locations if not previously set; to consider such other matters that
				may be necessary or advisable; and, if possible, to reach a settlement without
				the necessity for further hearing. Any final settlement shall be set forth in a
				settlement agreement or consent order and made a part of the record.
(b) Upon the request of any party or upon the
				hearing officer's own motion, the hearing officer may hold a prehearing
				conference before a contested case hearing. The hearing officer may require the
				parties to file prehearing statements in accordance with
				11 NCAC
				08 .0821. A prehearing conference on the
				simplification of issues, amendments, stipulations, or other matters may be
				entered on the record or may be made the subject of an order by the hearing
				officer. Venue for purposes of a prehearing conference shall be determined in
				accordance with
				G.S.
				150B-38(e).
Authority
				  G.S.
				  143-151.12(1);
				  143-151.17;
				  150B-38(h);
Temporary Adoption Eff. March 3, 1992 For a Period of 169 Days to Expire on
				  August 21, 1992;
Eff. June 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.