North Carolina Administrative Code › Title 13 - LABOR › Chapter 13 - BOILER AND PRESSURE VESSEL › Section .0200 - ADMINISTRATION › Section 13 .0203 - NORTH CAROLINA COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When
				requested by the employer and upon presentation of a completed Application for
				Commission as an Inspector of Boilers and Pressure Vessels, a North Carolina
				Commission, bearing the signature of the Commissioner or Chief Inspector, shall
				be issued by the Chief Inspector to persons holding a valid National Board
				Commission who have taken and passed the examination specified in
				13 NCAC
				13 .0202(b).
(b) Applications for a North Carolina
				Commission shall be processed upon proof of a National Board Commission and
				payment of a thirty-five dollar ($35.00) fee to the Department of
				Labor.
(c) North Carolina
				Commissions shall be valid on an annual basis through December 31, at which
				time the inspector's employer shall submit a renewal request letter and a
				thirty-five dollar ($35.00) fee to the Department of Labor.
(d) The North Carolina Commission shall be
				returned by the employing company with notification of termination date to the
				Bureau within 30 days of termination of employment.
(e) A North Carolina Commission may be
				suspended or revoked by the Commissioner in accordance with
				G.S.
				95-69.11(20). Failure to
				conduct inspections in accordance with this Chapter shall constitute
				incompetence. Falsification of any statement in an application or inspection
				report, including a failure to inspect, shall constitute dishonesty. Suspension
				or revocation of a North Carolina Commission shall be based on evidence of
				incompetence or dishonesty.
(f) The
				Commissioner shall give notice of the commencement of proceedings for
				suspension or revocation of a commission pursuant to
				G.S.
				150B-23. A North Carolina Commission may be
				suspended prior to the hearing if the Chief Inspector determines that, as a
				result of an inspector incompetence or dishonesty, the public health, safety,
				or welfare, is put at risk, the proceedings shall be promptly commenced and
				determined in accordance with
				G.S.
				150B-3. The Commissioner's decision regarding
				the competency of an inspector shall be determined after comparing the
				inspector's knowledge, skill, and care taken during inspections with that
				possessed and employed by boiler and pressure vessel inspection personnel in
				good standing. Industry custom and practice shall be considered but are not
				determinative. The Commissioner shall give the inspector opportunity to show
				that he or she is conducting his or her duties in a competent manner and that
				suspension or revocation is unwarranted. If the inspector believes that the
				decision of the Commissioner is not warranted, the inspector may take exception
				to the determination, in which event the inspector may appeal the final
				determination of the action pursuant to G.S. 150B.
Authority
				  G.S.
				  95-69.11;
				  95-69.15;
Eff. May 29,
				  1981;
Amended Eff. March 1, 2017; March 1, 2015; July 1, 2011;
				  January 1, 2009; July 1, 2006; January 1, 1995; March 2, 1992; September 1,
				  1986;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22, 2018;
Amended April 1,
				  2022.