reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0300 - RULES OF UNETHICAL CONDUCT › Section 10 .0305 - PREPAID TREATMENT PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prepaid
				Treatment Plan Defined. A "prepaid treatment plan" is a contract between a
				patient and a physician under which the patient, instead of paying for services
				as they are delivered, agrees in advance to pay a pre-determined total amount
				to the physician for a series of specified treatments and services to be
				performed by the physician or the physician's staff in the future and that are
				not covered by insurance. The patient's financial obligation may be payable in
				a lump sum or in periodic installments.
(b) Non-Conforming Plans Unlawful. A
				physician who offers to a patient a prepaid treatment plan that does not
				conform to this Rule shall be subject to disciplinary action pursuant to
				G.S.
				90-154(b)(9), committing or
				attempting to commit fraud, deception or misrepresentation.
(c) Required Contractual Provisions. A
				prepaid treatment plan shall be in writing and signed by the patient. The
				physician shall provide an accurate and complete copy of the plan document to
				the patient. In addition to any permissive provisions not in conflict with this
				Rule, the plan document shall contain the following mandatory provisions:
(1) The duration of the plan, measured either
				by number of office visits or calendar days;
(2) The therapeutic objectives of the plan,
				based on a physical examination and assessment of the patient performed by the
				physician prior to the plan's start date;
(3) The patient's cost to purchase the
				plan;
(4) A description of the
				services and products that are included within the plan and for which there
				will be no additional charges;
(5)
				A disclaimer, in bold-faced type, that the patient could incur additional
				charges if services and products not included within the plan are delivered to
				the patient during the course of treatment;
(6) A description of the physician's office
				policy regarding charges for cancelled office visits and office visits not
				kept; and
(7) A declaration of the
				patient's right to terminate the plan early and receive a refund in conformity
				with Paragraphs (d) and (e) of this Rule.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0300 - RULES OF UNETHICAL CONDUCT › Section 10 .0306 - PUBLICATION OF NON-DIPLOMATE CREDENTIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Scope
				of Rule. Any credential awarded to a licensee of the Board upon completion of a
				healthcare-related educational program shall be subject to this Rule except an
				academic degree or a diploma recognized pursuant to Rule .0304 of this
				Section.
(b) Publication of
				Unrecognized Credentials Unlawful. It shall constitute false or misleading
				advertising, in violation of
				G.S.
				90-154(b)(1), for a licensee
				to publish a credential that is not recognized by the Board. For purposes of
				this Rule, "publication" includes representations made in a licensee's print,
				broadcast or online advertisement, professional stationery, business cards, and
				office signage.
(c) Criteria for
				Recognition. The criteria for recognition by the Board of a credential subject
				to this Rule shall be as follows:
(1) the
				educational program leading to the awarding of the credential is offered at the
				post-doctor of chiropractic level;
(2) for a chiropractic discipline, the
				educational program is offered or sponsored by a chiropractic college
				accredited by the Council on Chiropractic Education;
(3) for a discipline not unique to
				chiropractic, the educational program is offered or sponsored by a professional
				school or college accredited by an agency that is the equivalent of the Council
				on Chiropractic Education;
(4) the
				educational program is 100 hours in duration, except for programs in
				Acupuncture-Meridian Therapy, whose duration shall conform to Rule .0208 of
				this Chapter; and
(5) The
				educational program culminates in a final examination that the candidate must
				pass to earn the credential.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0400 - RULE MAKING PROCEDURES › Section 10 .0401 - PETITIONS FOR ADOPTION OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Submission. Rule-making petitions shall be sent to the
				  president of the Board and shall state the petitioner's name and address, and
				  shall contain the information required in
				  G.S.
				  150B-20(a). The petitioner
				  also may submit the following additional information:
(1) the reason for its proposal;
(2) data supporting the proposed
				rule;
(3) practices likely to be
				affected by the proposed rule;
(4)
				persons likely to be affected by the proposed rule.
Authority
				  G.S.
				  90-142;
				  150B-20;
Eff.
				  February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27, 2019;
Amended Eff.
				  January 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0400 - RULE MAKING PROCEDURES › Section 10 .0402 - REPEALED - DISPOSITION OF PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-142;
				  150A-16;
Eff.
				  February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0400 - RULE MAKING PROCEDURES › Section 10 .0403 - ORAL PRESENTATIONS AT PUBLIC RULE-MAKING HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Oral Presentations at Public Hearing. Any public rule-making
				  hearing required by Article 2A of Chapter 150 of the North Carolina General
				  Statutes shall be conducted by the President of the Board or by any person he
				  or she may delegate. Oral presentations shall not exceed 15
				  minutes.
Authority
				  G.S.
				  90-142;
				  150B-21.1A;
				  150B-21.2;
Eff.
				  February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27, 2019;
Amended Eff.
				  January 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0400 - RULE MAKING PROCEDURES › Section 10 .0404 - REPEALED - HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150A-12;
Eff. February 1,
				  1976;
Readopted Eff. January 27, 1978;
Repealed Eff.
				  December 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0400 - RULE MAKING PROCEDURES › Section 10 .0405 - REPEALED - TEMPORARY RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150B-13;
Eff. February 1,
				  1976;
Readopted Eff. January 27, 1978;
Amended Eff.
				  December 1, 1988;
Repealed Eff. July 1,
				  2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0400 - RULE MAKING PROCEDURES › Section 10 .0406 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General. The
				Board shall respond to requests for declaratory rulings in accordance with
				G.S.
				150B-4.
(b) Request for Declaratory Ruling: Contents.
				A request for a declaratory ruling shall be in writing and addressed to the
				president. The request shall contain the following information:
(1) The name and address of the person making
				the request;
(2) The statute or
				rule to which the request relates;
(3) A statement of the manner in which the
				person has been aggrieved by the statute or rule; and
(4) A statement as to whether a hearing is
				desired, and if desired, the reason therefor.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0500 - INVESTIGATION OF COMPLAINTS › Section 10 .0501 - FILING COMPLAINTS

Current through Register Vol. 39, No. 2, July 15, 2024
Any person who has reason to believe that a Doctor of
				  Chiropractic has violated the laws governing chiropractic may file a complaint
				  with the Board. Board Anyone wishing to file a complaint shall file a form with
				  the Board office that contains the following information:
(1) the complainant's name and contact
				information;
(2) the name and
				contact information of the person about which the complainant wishes to file
				the complaint;
(3) a narrative of
				the facts about which the complainant wishes to complain; and
(4) the complainant's signature and the date
				on which the complaint is made.
The complaint form can be found on the Board's website at
https://ncchiroboard.com/complaint-filing-process
.
Authority
				  G.S.
				  90-142;
				  90-154;
Eff. February
				  1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff.
				  December 1, 1988; January 1, 1983; December 20, 1979;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27, 2019;
Amended Eff.
				  January 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0500 - INVESTIGATION OF COMPLAINTS › Section 10 .0502 - REPEALED - UNLAWFUL PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-147;
				  90-148;
Eff. February
				  1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff.
				  December 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0500 - INVESTIGATION OF COMPLAINTS › Section 10 .0503 - DETERMINATION OF PROBABLE CAUSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General.
				Complaint allegations that could be considered violations of the Board's
				Practice Act, based on the findings of the Investigative Report, shall be
				referred to the Disciplinary Review Committee (DRC). The DRC shall conduct an
				informal conference with the party in order to consider the possibility of
				resolving the complaint.
(b)
				Composition of the DRC. The DRC shall be composed of:
(1) The Board Secretary; and
(2) Either a former Board member or a
				licensee from among those who, at any election held pursuant to Rule .0103(c)
				of this Chapter, have been elected nominees for Board membership but not
				appointed to the Board. The Board Secretary shall select the second DRC
				member.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0500 - INVESTIGATION OF COMPLAINTS › Section 10 .0504 - DRUG TESTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Reasonable
				Suspicion. The Secretary of the Board may require a licentiate to submit to
				drug or blood alcohol testing if there is reasonable suspicion that the
				licentiate is consuming drugs or alcohol to such an extent or with such
				frequency as to impair the ability to treat patients. For purposes of this
				Rule, reasonable suspicion exists when:
(1)
				The licentiate is cited or arrested on drug-related criminal charges;
(2) The licentiate admits to the Board or to
				a judicial tribunal that the licentiate has abused alcohol or prescription
				drugs or consumed illicit drugs; or
(3) The Secretary receives the sworn
				affidavit of a credible witness stating that the witness personally observed
				the licentiate in the licentiate's chiropractic office during business hours
				and the licentiate's behavior was erratic, unprofessional and apparently
				influenced by drug or alcohol consumption.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0600 - CONTESTED CASES › Section 10 .0601 - REPEALED - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150B-2;
				  90-154;
Eff. February
				  1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff.
				  December 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0600 - CONTESTED CASES › Section 10 .0602 - EXPIRED - RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Legislative Objection
				  Lodged Eff. January 31, 1983;
Curative Amended Eff. February 28,
				  1983;
Statutory Authority
				  G.S.
				  150B-2;
				  150B-3;
Eff.
				  February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988; January 1, 1983;
Expired Eff. May 1,
				  2019 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0600 - CONTESTED CASES › Section 10 .0603 - REPEALED - NOTICE OF HEARING: ANSWER

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150B-38;
Eff. February 1,
				  1976;
Readopted Eff. January 27, 1978;
Legislative
				  Objection Lodged Eff. January 31, 1983;
Curative Amended Eff.
				  February 28, 1983;
Amended Eff. December 1, 1988; January 1,
				  1983;
Repealed Eff. July 1, 2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0600 - CONTESTED CASES › Section 10 .0604-.0606

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150A-11;
				  150A-23;
Eff.
				  February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0600 - CONTESTED CASES › Section 10 .0607-.0608

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-142;
				  150B-38;
Eff.
				  February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. January 1, 1989;
Repealed Eff. July 1,
				  2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0600 - CONTESTED CASES › Section 10 .0609-.0610

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150A-23;
				  150A-32;
Eff.
				  February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0600 - CONTESTED CASES › Section 10 .0611 - REPEALED - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-142;
				  150B-39;
Eff.
				  January 1, 1989;
Repealed Eff. July 1,
				  2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0700 - HEARINGS IN CONTESTED CASES › Section 10 .0701-.0704

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150A-25;
				  150A-33;
Eff.
				  February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0700 - HEARINGS IN CONTESTED CASES › Section 10 .0705 - REPEALED - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150A-27;
Eff. February 1,
				  1976;
Readopted Eff. January 27, 1978;
Repealed Eff.
				  January 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0700 - HEARINGS IN CONTESTED CASES › Section 10 .0706 - CONDUCT OF BOARD HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				General. Hearings in contested cases shall be conducted by a majority of the
				Board, unless a majority of the Board votes to designate an administrative law
				judge to preside at the hearing in the Office of Administrative Hearings. The
				president shall serve as presiding officer at Board Hearings unless he or she
				is absent or disqualified, in which case the vice-president shall preside.
				Board Hearings shall be conducted as prescribed by
				G.S.
				150B-40.
(b) Disqualification. An affidavit seeking
				disqualification of any Board member, if filed in good faith and in a timely
				manner, shall be ruled on by the remaining members of the Board. An affidavit
				is considered timely if it is filed:
(1)
				Prior to the hearing; or
(2) As
				soon after the commencement of the hearing as the affiant becomes aware of
				facts that give rise to his or her belief that a Board member should be
				disqualified.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0700 - HEARINGS IN CONTESTED CASES › Section 10 .0707 - REPEALED - DECISION OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150B-42;
Eff. February 1,
				  1976;
Readopted Eff. January 27, 1978;
Amended Eff.
				  December 1, 1988;
Repealed Eff. July 1,
				  2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0700 - HEARINGS IN CONTESTED CASES › Section 10 .0708 - CONTINUANCES FOR BOARD HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Consistent with
				G.S.
				150B-40(b), all motions for
				continuance shall be addressed to the secretary, or the designated presiding
				officer of the contested case hearing. All motions for continuance shall be in
				writing and received in the office of the Board no less than seven calendar
				days before the hearing date.
(b)
				Motions for a continuance of a hearing may be granted upon a showing of good
				cause. In determining whether good cause exists, the presiding officer shall
				consider the ability of the party requesting a continuance to proceed without a
				continuance.
(c) A motion for a
				continuance filed less than seven calendar days from the date of the hearing
				shall be denied if a continuance has been previously granted unless the reason
				for the motion could not have been ascertained earlier.
Authority
				  G.S.
				  90-156;
				  150B-38(h);
Eff. January 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0700 - HEARINGS IN CONTESTED CASES › Section 10 .0709 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Requests for
				subpoenas for the attendance and testimony of witnesses or for the production
				of documents, either at a Board Hearing or for the purposes of discovery,
				shall:
(1) be made in writing to the
				Board;
(2) identify any document
				sought;
(3) include the full name
				and home or business address of all persons to be subpoenaed; and
(4) if known, the date, time, and place for
				responding to the subpoena.
The Board shall issue the requested subpoenas within three
				  days of receipt of the request.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0800 - MISCELLANEOUS › Section 10 .0801-.0802

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-143;
				  90-148;
				  90-155;
Eff. February
				  1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff.
				  December 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 10 - CHIROPRACTIC EXAMINERS › Section .0800 - MISCELLANEOUS › Section 10 .0803 - FEE SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				charge the following fees:
(1) License
				application: $300.00;
(2) License
				renewal: $300.00;
(3) Certification
				of Competence: $35.00;
(4) Renewal
				of Certification of Competence: $50.00;
(5) Corporate registration: $50.00;
(6) Corporate registration renewal: $25.00;
				and
(7) Predetermination request:
				$45.00.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 11 - EMPLOYEE ASSISTANCE PROFESSIONALS › Section 11 .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Chapter sets forth rules for the
			 North Carolina Board of Employee Assistance Professionals.
(b) The mailing address of the Board is P.O.
			 Box 10344, Raleigh, North Carolina 27605-0344.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 11 - EMPLOYEE ASSISTANCE PROFESSIONALS › Section 11 .0104 - LICENSE APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An application
			 shall not be considered complete unless it is submitted using the Board's form
			 which includes information such as name, address, education, employment history
			 and the Board received the application fee.
(b) Both an initial and renewal license are
			 valid for a period of three years.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 11 - EMPLOYEE ASSISTANCE PROFESSIONALS › Section 11 .0105 - TRANSCRIPTS AND OTHER SUPPORTING DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
			 Official educational transcripts submitted to support an application for
			 licensure shall be submitted to the Board directly from the educational
			 institution.
(b) An applicant shall
			 provide documents and information to support claimed educational credentials if
			 transcript course titles are ambiguous and do not convey the content of
			 courses. Such documents may be official catalog descriptions, course syllabi,
			 reading lists, term papers, theses and written research.
(c) A current copy of an applicant's
			 certification by the Employee Assistance Certification Commission, as an
			 employee assistance professional, shall be submitted with the
			 application.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 11 - EMPLOYEE ASSISTANCE PROFESSIONALS › Section 11 .0106 - REVIEW OF APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
			 review each completed initial application for licensure and issue a license to
			 an applicant who meets the requirements for licensure.
(b) The Board shall review each completed
			 application for renewal of licensure and issue a renewal license to an
			 applicant who meets the requirements for renewal.
(c) Upon application for an initial or
			 renewal license, each applicant shall agree, in writing, to comply with the
			 Employee Assistance Certification Commission Code of Professional Conduct and
			 the Employee Assistance Professional Association Code of Ethics.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 11 - EMPLOYEE ASSISTANCE PROFESSIONALS › Section 11 .0107 - NOTICE OF DENIAL OF INITIAL OR RENEWAL APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
			 Board shall notify each applicant, in writing, of the reason for which an
			 application for initial licensure or renewal of licensure was denied.
(b) The applicant shall have the right to
			 file a petition for a contested case hearing in accordance with G.S. 150B,
			 Article 3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 11 - EMPLOYEE ASSISTANCE PROFESSIONALS › Section 11 .0108 - DISCIPLINARY ACTION/HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
			 The Board shall impose discipline for conduct it finds in violation of G.S.
			 90.509 only after conducting a hearing in accordance with G.S. 150B, Article
			 3A.
(b) Board disciplinary action
			 may include:
(1) admonishment: a warning for
			 misconduct;
(2) reprimand: a public
			 rebuke and sanction for misconduct;
(3) suspension: temporary withdrawal of the
			 privilege of using the title of Licensed Employee Assistance Professional
			 during the time frame specified by the Board; and
(4) revocation: permanent withdrawal of the
			 privilege of using the title of Licensed Employee Assistance Professional. A
			 Licensed Employee Assistance Professional whose license is revoked by the Board
			 shall surrender the license certificate to the Board.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 11 - EMPLOYEE ASSISTANCE PROFESSIONALS › Section 11 .0109 - CURRICULA AND MINIMUM STANDARDS FOR TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
The minimum continuing education requirements of the Employee
				Assistance Certification Commission are hereby incorporated by reference. This
				referenced material shall include any subsequent editions and amendments. It
				may be obtained at no cost from the EACC/Certification Department/EAPA, 2101
				Wilson Blvd., Suite 500, Arlington, Virginia 22201-3022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 11 - EMPLOYEE ASSISTANCE PROFESSIONALS › Section 11 .0110 - ETHICAL STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Code of
			 Professional Conduct for Certified Employee Assistance Professionals, Fourth
			 Edition are hereby incorporated by reference. This referenced material shall
			 include any editions and amendments promulgated by the Employee Assistance
			 Certification Commission. It may be obtained at no cost from the
			 EACC/Certification Department/EAPA, 2101 Wilson Blvd., Suite 500, Arlington,
			 Virginia 22201-3022.
(b) The
			 Employee Assistance Professionals Association Code of Ethics is hereby
			 incorporated by reference. This referenced material shall include any
			 subsequent editions and amendments. It may be obtained at no cost from the
			 EACC/Certification Department/EAPA, 2101 Wilson Blvd., Suite 500, Arlington,
			 Virginia 22201-3022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 11 - EMPLOYEE ASSISTANCE PROFESSIONALS › Section 11 .0111 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon submission of an application for
			 initial licensure, a fee of one hundred dollars ($100.00) shall be paid to the
			 Board.
(b) A fee of seventy-five
			 dollars ($75.00) shall be paid to the Board for renewal of license.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0100 - ORGANIZATION AND RESPONSIBILITIES OF BOARD › Section 12A .0101 - IDENTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The State Licensing Board for General Contractors,
					 hereinafter referred to as the "North Carolina Licensing Board for General
					 Contractors" or "the Board," is located in Raleigh, North Carolina; its mailing
					 address is 5400 Creedmoor Road, Raleigh, North Carolina 27612. The Board
					 website is www.nclbgc.org.
Authority
					 G.S.
					 87-2;
Eff. February 1,
					 1976;
Amended Eff. June 23, 1977;
Readopted Eff.
					 September 26, 1977;
Amended Eff. December 1, 1985; January 1,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0101 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0100 - ORGANIZATION AND RESPONSIBILITIES OF BOARD › Section 12A .0102 - GENERAL PURPOSE OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose
				  of the Board is to regulate persons who engage in activities which constitute
				  the practice of general contracting as defined in
				  G.S.
				  87-1 in order to safeguard the life, health
				  and property of the people of North Carolina as well as promote the public
				  welfare.
(b) The Board regulates
				  the practice of general contracting by:
(1)
				  determining the qualifications of persons seeking to enter the practice of
				  general contracting and granting to those persons who have met the statutory
				  requirements the privilege of entering the practice of general
				  contracting;
(2) enforcing the
				  provisions of the North Carolina General Statutes pertaining to general
				  contractors; and
(3) enforcing the
				  Board's Rules, which are designed to ensure a high degree of competence in the
				  practice of general contracting.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0100 - ORGANIZATION AND RESPONSIBILITIES OF BOARD › Section 12A .0103 - STRUCTURE OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Officers.
				  Annually, during the April meeting, the Board shall elect from its members a
				  Chairman and Vice-Chairman. The Chairman shall preside over all meetings of the
				  Board and perform other duties as he or she may be directed to do by the Board.
				  The Vice-Chairman shall function as Chairman if the Chairman is
				  unavailable.
(b)
				  Secretary-Treasurer. In addition to those duties and responsibilities required
				  of him or her by
				  G.S.
				  87-8, the Secretary-Treasurer, referred to as
				  "Secretary-Treasurer" or "Executive Director," as the Board's Chief
				  Administrative Officer, has the responsibility and power to:
(1) employ the clerical and legal services
				  necessary to assist the Board in carrying out the requirements of the North
				  Carolina General Statutes;
(2)
				  purchase or rent whatever office equipment, stationery, or other miscellaneous
				  articles as are necessary to keep the records of the Board;
(3) make expenditures from the funds of the
				  Board by signing checks, or authorizing the designee of the Secretary-Treasurer
				  to sign checks, for expenditures after the checks are signed by the Chairman or
				  Vice-Chairman; and
(4) do such
				  other acts as may be required of him or her by the Board.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0200 - LICENSING REQUIREMENTS › Section 12A .0201 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions shall apply to the Rules in this
					 Chapter:
(1) Completion: As used in
				  G.S.
				  87-1(b), "completion" occurs
				  upon issuance of a certificate of occupancy by the permitting authority with
				  jurisdiction over the project.
(2)
				  Cost of the undertaking: As used in
				  G.S.
				  87-1(a), "cost of the
				  undertaking" means the final price of a project, excluding the cost of land, as
				  evidenced by the contract and any subsequent amendments, or in the absence of a
				  contract, permit records, invoices, and cancelled checks.
(3) Misconduct: As used in
				  G.S.
				  87-11, "misconduct" includes allowing an
				  unlicensed person or entity to use a license or examination credential on an
				  undertaking where a license is required. Misconduct also includes allowing a
				  licensed person or entity to use a license or examination credential on an
				  undertaking for which the user does not hold proper classification or
				  limitation. Misconduct also includes dishonest or fraudulent conduct by a
				  qualifier related to the attendance of a continuing education class described
				  in G.S.
				  87-10.2.
(4) Personally: As used in
				  G.S.
				  87-14(a)(1), "personally"
				  means the physical presence of the owner of the property and excludes the use
				  of a power of attorney.
(5) Solely
				  for occupancy: As used in
				  G.S.
				  87-1(b), "solely for
				  occupancy" is restricted to the family of a person, the officers and
				  shareholders of a firm or corporation, and guests and social invitees where no
				  consideration is received. For purposes of
				  G.S.
				  87-1(b)(2), "family" is
				  defined as a spouse or other family member living in the same
				  household.
(6) Value: As used in
				  G.S.
				  87-10(a1), "value" means the
				  same as "cost of the undertaking."
Authority G.S.
					 G.S.
					 87-1,
					 87-10,
					 87-10.2, and
					 87-14;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Amended
					 Eff. January 1, 1983;
Repealed Eff. May 1, 1989;
Codifier approved agency's waiver request to reuse rule number;
Eff. September 1, 2019;
Recodified from
					 21 NCAC
					 12 .0201 Eff. January 2, 2020;
Amended Eff. July 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0200 - LICENSING REQUIREMENTS › Section 12A .0203 - REPEALED - LIMITATION OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Amended
					 Eff. January 1, 1983;
Repealed Eff. May 1, 1989;
Recodified from
					 21 NCAC
					 12 .0203 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0200 - LICENSING REQUIREMENTS › Section 12A .0204 - LICENSE LIMITATIONS; ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  licenses shall have an appropriate limitation as set forth in this
				  Rule.
(b) Limited License. The
				  applicant for a limited license shall:
(1)
				  meet the requirements set out in
				  G.S.
				  87-10 and Section .0400 of this
				  Chapter;
(2) have current assets
				  that exceed the total current liabilities by at least seventeen thousand
				  dollars ($17,000) or have a total net worth of at least eighty thousand dollars
				  ($80,000);
(3) pass the examination
				  which shall contain subject matter related to the specific contracting
				  classification chosen by the applicant with a score as set out in Rule .0404 of
				  this Chapter; and
(4) if the
				  applicant or any owner, principal, or qualifier is in bankruptcy or has been in
				  bankruptcy within five years prior to the filing of the application, provide to
				  the Board an agreed-upon procedures report on a form provided by the Board or
				  an audited financial statement with a classified balance sheet as part of the
				  application. This requirement shall not apply to shareholders of an applicant
				  that is a publicly traded corporation.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0200 - LICENSING REQUIREMENTS › Section 12A .0206 - REPEALED - JOINT VENTURE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Amended
					 Eff. January 1, 1983;
Repealed Eff. May 1, 1989;
Recodified from
					 21 NCAC
					 12 .0206 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0200 - LICENSING REQUIREMENTS › Section 12A .0207 - JOINT VENTURE

Current through Register Vol. 39, No. 2, July 15, 2024
A joint venture may practice general contracting in North
					 Carolina if every principal or member of the joint venture is licensed to
					 practice general contracting in North Carolina with the appropriate
					 classification and at least one principal has the appropriate limitation, or if
					 the joint venture obtains a general contracting license in its own name in
					 accordance with
					 G.S.
					 87-10 and these Rules. If an LLC is a joint
					 venturer, all members and managers of the LLC shall be licensed to practice
					 general contracting in North Carolina with the appropriate classification and
					 limitation.
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. June 1,
					 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0207 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0200 - LICENSING REQUIREMENTS › Section 12A .0208 - CONSTRUCTION MANAGEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The phrase
				  "undertakes to superintend or manage" as used in
				  G.S.
				  87-1 to describe a person, firm, or
				  corporation deemed to be a general contractor means that the person, firm, or
				  corporation shall be responsible for superintending or managing the
				  construction of an entire project, and either contracts directly with
				  subcontractors to perform the construction for the project or is compensated
				  for superintending or managing the project based upon the cost of the project
				  or the time taken to complete the project. The person, firm, or corporation
				  shall hold a general contracting license in the classifications and limitation
				  applicable to the construction of the project.
(b) The phrase "undertakes to superintend or
				  manage" described in Paragraph (a) of this Rule shall not include the
				  following:
(1) an architect or engineer
				  licensed in North Carolina who is supervising the execution of design plans for
				  the project owner and who does not contract directly with subcontractors to
				  perform the construction for the project; or
(2) subject to the conditions stated within
				  this Subparagraph and Paragraph (c), any person, firm, or corporation retained
				  by an owner of real property as a consultant, agent, or advisor to perform
				  development-related functions, including:
(A)
				  assisting with site planning and design;
(B) formulating a development
				  scheme;
(C) obtaining zoning and
				  other entitlements;
(D) tenant
				  selection and negotiation;
(E)
				  interfacing and negotiating with the general contractor, engineer, architect,
				  other construction and design professionals, and other development consultants
				  with whom the land owner separately contracts, including, negotiating contracts
				  on the owner's behalf, assisting with scheduling issues, ensuring that any
				  disputes between such parties are resolved to the owner's satisfaction, and
				  otherwise ensuring that such parties are proceeding in an efficient,
				  coordinated manner to complete the project;
(F) providing cost estimates, bids, and
				  budgeting;
(G) monitoring the
				  progress of development activities performed by other parties;
(H) arranging and negotiating governmental
				  incentives and entitlements; and
(I) selecting and sequencing sites for
				  development.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0200 - LICENSING REQUIREMENTS › Section 12A .0209 - ASSUMED NAME APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  application made pursuant to
				  G.S.
				  87-10 shall be accompanied by a Certificate
				  of Assumed Name filed in accordance with Chapter 66, Article 14A of the General
				  Statutes. Applications submitted to the Board on behalf of corporations,
				  limited liability companies, and partnerships shall be accompanied by a copy of
				  any documents required to be filed with the North Carolina Secretary of State's
				  office, such as Articles of Incorporation or Certificate of
				  Authority.
(b) All licensees shall
				  comply with the requirements of
				  G.S.
				  66-71.4 and shall notify the Board within 30
				  days of any change in the name in which the licensee is conducting business in
				  the State of North Carolina.
(c) No
				  applicant or licensee shall use or adopt an assumed name used by any other
				  licensee, or any name so similar to an assumed name used by another licensee
				  that could confuse or mislead the public.
(d) No applicant or licensee that is a legal
				  entity registered with the North Carolina Secretary of State shall use or adopt
				  an assumed name of a separate legal entity registered with the North Carolina
				  Secretary of State.
Authority
					 G.S.
					 66-71.4;
					 87-1;
					 87-4;
					 87-10;
Eff. August 1,
					 2000;
Amended Eff. April 1, 2014;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff.
					 September 1, 2018;
Recodified from
					 21 NCAC
					 12 .0209 Eff. January 2, 2020;
Amended Eff. March 1, 2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0200 - LICENSING REQUIREMENTS › Section 12A .0210 - BUILDING PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
If a building project is performed pursuant to
					 G.S.
					 87-1.1, the total amount of work to be
					 performed by all licensed general contractors shall not exceed 25% of the total
					 bid price. A licensed general contractor shall hold the applicable
					 classifications and limitation for the work undertaken by such licensed general
					 contractor.
Authority
					 G.S.
					 87-1.1;
					 87-4;
Eff. April 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Recodified from
					 21 NCAC
					 12 .0210 Eff. January 2, 2020;
Amended Eff. March 1, 2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0200 - LICENSING REQUIREMENTS › Section 12A .0211 - MULTIUNIT BUILDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a project
				  consists of the construction or alteration of one or more buildings that fall
				  under the requirements of the North Carolina Building Code, all structures and
				  units on the same parcel of land shall be considered as a single
				  project.
(b) If a project consists
				  of the construction or alteration of one or more buildings that fall under the
				  requirements of the North Carolina Residential Code, only structures and units
				  on the same parcel of land shall be considered as one project.
(c) The North Carolina State Building Code
				  standards are hereby incorporated by reference, including subsequent amendments
				  and editions. The current Code may be found online at
http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=Codes_-_Current_and_Past&user=State_Building_Codes
.
Authority
					 G.S.
					 87-1;
					 87-4;
					 87-10;
Eff. August 11,
					 2009;
Amended Eff. April 1, 2010;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0211 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0200 - LICENSING REQUIREMENTS › Section 12A .0212 - PERMITS AND INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee
				  shall obtain all necessary building permits from the local Code Enforcement
				  Agency before commencing any work for which a building permit is required.
				  After obtaining the necessary building permits, a licensee shall obtain all
				  required inspections and assure that all inspections required by codes adopted
				  by the N.C. Building Code Council are passed by the local Code Enforcement
				  Official or a designee. Absent a written acknowledgement by a local Code
				  Enforcement Official, a licensee shall not be relieved of his, her, or its
				  responsibility to complete all required inspections until a certificate of
				  compliance or the equivalent is obtained from the local Code Enforcement
				  Agency.
(b) A licensee shall not
				  allow a building permit to be obtained or allow his, her, or its license number
				  to appear on a building permit application unless:
(1) the licensee is the owner of the
				  property; or
(2) the licensee has
				  an agreement with the property owner or his or her designee to perform work
				  described in the building permit.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0300 - APPLICATION PROCEDURE › Section 12A .0301 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-1;
					 87-10;
Eff. February
					 1, 1976;
Readopted Eff. September 26, 1977;
Amended
					 Eff. May 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Repealed Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0301 Eff. January 2,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0300 - APPLICATION PROCEDURE › Section 12A .0302 - REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 87-1;
					 87-10;
					 150B-19(5);
Eff. February 1, 1976;
Amended Eff. June 23, 1977;
Readopted Eff. September 26, 1977;
Amended Eff. May 1, 2006;
					 December 1, 1995; June 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Repealed Eff. April
					 1, 2018;
Recodified from
					 21 NCAC
					 12 .0302 Eff. January 2,
					 2020.