11 NCAC 08 — Engineering and Building Codes Division

11 NCAC 08 .1204 INVESTIGATION (a) On receipt of a complaint conforming to this Section, the Engineering and Codes Division shall conduct an investigation. (b) A copy of the complaint and supporting information as set forth in Rule .1202(d) and (f) of this Section shall be mailed…

11 NCAC 08 .1205 DISCIPLINARY HEARING The disciplinary hearing shall be held in accordance with G.S. 150B, Article 3A and this Section. History Note: Authority G.S. 143-151.49; 143-151.56; 150B-38(h); Codifier determined that agency findings did not meet criteria for temporary ru…

11 NCAC 08 .1206 PRESIDING OFFICER 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…

11 NCAC 08 .1207 PREHEARING CONFERENCE Upon the request of any party or upon the presiding officer's own motion, the presiding officer may hold a prehearing conference before a contested case hearing. A prehearing conference on the simplification of issues, amendments, stipulatio…

11 NCAC 08 .1208 CONSENT AGREEMENT (a) The Board's staff and the home inspector may attempt to resolve the complaint by means of a consent agreement. Such consent agreement may impose upon the licensee a penalty, or penalties, including the following: requiring the licensee to ta…

11 NCAC 08 .1209 FINAL BOARD ORDER (a) After the close of a contested case hearing, the Board shall meet and determine if the licensee engaged in the conduct alleged and the appropriate penalty, including requiring the licensee to take training or education courses, probation, le…

SECTION .1300 - HOME INSPECTOR CONTINUING EDUCATION 11 NCAC 08 .1301 DEFINITIONS (a) As used in this Section: (1) "Credit hour" means one continuing education course hour, comprising at least 50 minutes of instruction. (2) "License period" means October 1 through the following Se…

11 NCAC 08 .1302 CONTINUING EDUCATION REQUIRED FOR RENEWAL OF ACTIVE LICENSE (a) In order to renew an active home inspector license, for the licensee shall complete 12 credit hours during the license renewal period, except as described in Paragraph (b) of this Rule. (b) In order …

11 NCAC 08 .1303 INACTIVE LICENSE A person holding an inactive license is not subject to this Section. In order to change a license from inactive status to active status, the licensee must complete the same number of continuing education credit hours that would have been required…

11 NCAC 08 .1304 COURSE REQUIREMENTS (a) The same elective continuing education course may be taken only once for continuing education credit during any three year period. (b) A licensee may carry over up to eight elective credit hours per year until the next year. History Note: …

11 NCAC 08 .1305 ATTENDANCE REQUIREMENTS In order to receive any credit for completing a continuing education course, a licensee must attend at least 90 percent of the scheduled credit hours for the course, regardless of the length of the course, and must comply with student part…

11 NCAC 08 .1306 EXTENSIONS OF TIME A licensee may request and be granted an extension of time to satisfy the continuing education requirement for a particular license period if the licensee provides evidence to the Board that the licensee was unable to obtain the necessary educa…

11 NCAC 08 .1307 DENIAL OR WITHDRAWAL OF CREDIT (a) The Board shall deny continuing education credit claimed by a licensee, and shall withdraw continuing education credit previously awarded by the Board to a licensee if: (1) The licensee provided incorrect or incomplete informati…

11 NCAC 08 .1308 DUTIES OF LICENSEES TO SHOW PROOF OF COMPLIANCE History Note: Authority G.S. 143-151.49; 143-151.55; Eff. August 1, 1998; Repealed Eff. July 18, 2002.

11 NCAC 08 .1309 UPDATE COURSE COMPONENT (a) To keep a license on active status, a licensee shall complete a Board-developed update course within one year preceding license expiration. This course is in addition to the continuing education elective requirement described in Rule .…

11 NCAC 08 .1310 APPLICATION FOR ORIGINAL APPROVAL OF UPDATE COURSES An entity seeking original approval to sponsor a Board-developed update course shall make application on a form prescribed by the Board. An applying entity that is not a resident of North Carolina shall also fil…

11 NCAC 08 .1311 CRITERIA FOR APPROVAL OF UPDATE COURSE SPONSOR Approval to sponsor a Board-developed update course shall be granted to an applicant upon showing to the satisfaction of the Board that: (1) The applicant has submitted all information required by the rules in this S…

11 NCAC 08 .1312 STUDENT FEE FOR UPDATE COURSES A sponsor of an update course may establish the amount of the fee to be charged to students taking the course. The established fee shall be an all-inclusive fee, and no separate or additional fee may be charged to students for provi…

11 NCAC 08 .1313 NATURE AND SCOPE OF APPROVAL OF UPDATE COURSE INSTRUCTORS Approval of update course instructors shall be accomplished on a calendar year basis separate from the approval of update course sponsors. Approval of an update course instructor authorizes the instructor …

11 NCAC 08 .1314 APPLICATION AND CRITERIA FOR ORIGINAL APPROVAL OF UPDATE COURSE INSTRUCTORS (a) A person seeking original approval as an update course instructor shall make application on a form prescribed by the Board. An applicant who is not a resident of North Carolina shall …

11 NCAC 08 .1315 RENEWAL OF APPROVAL OF UPDATE COURSE INSTRUCTORS Board approval of update course instructors expires on December 31 following issuance of approval. In order to assure continuous approval, approved instructors shall file applications for renewal of approval on a f…

11 NCAC 08 .1316 DENIAL OR WITHDRAWAL OF APPROVAL OF UPDATE COURSE INSTRUCTORS (a) The Board may deny or withdraw approval of any update course instructor upon finding that: (1) The instructor has made any false statements or presented any false information in connection with an …

11 NCAC 08 .1317 REQUEST FOR VIDEO OF UPDATE COURSE INSTRUCTORS When concerns about the quality of a course or instructor are made known to the Board, upon the written request of the Board, an approved update course instructor shall submit to the Board a video depicting the instr…

11 NCAC 08 .1318 ELECTIVE COURSE COMPONENT (a) Licensee Requirements: To renew a license on active status, a licensee shall complete eight classroom hours of instruction in two or more Board approved elective courses within the licensure period in addition to satisfying the conti…

11 NCAC 08 .1319 APPLICATION FOR ORIGINAL APPROVAL OF AN ELECTIVE COURSE A person seeking original approval of a proposed elective course shall make application on a form provided by the Board. The course shall be submitted to the Board for approval no less than 45 days before th…

11 NCAC 08 .1320 CRITERIA FOR ELECTIVE COURSE APPROVAL The following requirements shall be satisfied in order to obtain approval of a proposed elective course: (1) The applicant shall submit all information required by the rules in this Section and pay the application fee. (2) Th…

11 NCAC 08 .1321 ELECTIVE COURSE SUBJECT MATTER (a) Elective courses shall directly contribute to accomplishment of the primary purpose of mandatory continuing education, which is to help assure that licensees possess the knowledge, skills, and competence necessary to function in…

11 NCAC 08 .1322 ELECTIVE COURSE INSTRUCTORS (a) The instructor of an elective course shall be honest and shall be qualified under one of the following standards: (1) Possession of a baccalaureate or higher degree in a field directly related to the subject matter of the course; (…

11 NCAC 08 .1323 ELECTIVE COURSE CREDIT HOURS The elective course approval issued to a course sponsor shall include the number of credit hours of continuing education credit that may be awarded for the course. The maximum number of credit hours that may be awarded for an elective…

11 NCAC 08 .1324 REQUEST FOR VIDEO OF AN ELECTIVE COURSE When concerns about the quality of a course or instructor are made known to the Board, upon the written request of the Board, the sponsor of an approved elective course shall submit to the Board a video depicting the course…

11 NCAC 08 .1325 sTUDENT FEES FOR ELECTIVE COURSES A sponsor of an elective course may establish the amount of the fee to be charged to students taking the course. The established fee shall be an all-inclusive fee, and no separate or additional fee may be charged to students for …

11 NCAC 08 .1326 ELECTIVE COURSE INSTRUCTIONAL DELIVERY METHODS (a) The principal instructional delivery method utilized in elective courses shall be one or more of the following: (1) Personal teaching by an instructor in a traditional classroom setting; (2) Instruction through a…

11 NCAC 08 .1327 GENERAL SPONSOR ELIGIBILITY REQUIREMENTS Any person is eligible to seek approval as a sponsor of continuing education courses, provided that the person seeking approval of a continuing education elective course is either the owner of the proprietary rights to the…

11 NCAC 08 .1328 sPONSOR NAME (a) The official name to be used by any course sponsor in connection with the offering of an approved continuing education course shall clearly distinguish the sponsor from any other previously approved continuing education course sponsor. Unless the…

11 NCAC 08 .1329 SPONSOR ADVANCE APPROVAL REQUIRED A prospective sponsor of an update course or elective 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 co…

11 NCAC 08 .1330 CONTINUING EDUCATION COORDINATOR A sponsor of an update course or elective 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 sh…

11 NCAC 08 .1331 COURSE COMPLETION REPORTING (a) Course sponsors shall prepare and submit to the Board reports verifying completion of a continuing education course for each licensee who satisfactorily completes the course according to the criteria in Rule .1305 of this Section a…

11 NCAC 08 .1332 PER STUDENT FEE Following completion of any approved continuing education update or elective course, the course sponsor shall submit to the Board, along with the roster and the items required to be submitted by Rule .1331 of this Section, a fee in the amount of f…

11 NCAC 08 .1333 CHANGE IN SPONSOR OWNERSHIP The approval granted to a course sponsor may be transferred to a new or different person only with the prior approval of the Board. The Board shall approve the transfer if the transferee satisfies the requirements of the rules in this …

11 NCAC 08 .1334 SPONSOR CHANGES DURING APPROVAL PERIOD (a) Course sponsors shall give prior written notice to the Board in writing of any change in business name, continuing education coordinator, address, or business telephone number. (b) Course sponsors shall obtain prior appr…

11 NCAC 08 .1335 COURSE RECORDS All course sponsors shall retain records of student registration, attendance, and course completion for each session of a continuing education course for two years. All course sponsors shall make these records available to the Board upon request. H…

11 NCAC 08 .1336 RENEWAL OF COURSE AND SPONSOR APPROVAL (a) Board approval of all continuing education elective courses and of update course sponsors expires on the next September 30 following the date of issuance. In order to assure continuous approval, renewal applications shal…

11 NCAC 08 .1337 DENIAL OR WITHDRAWAL OF APPROVAL OF COURSE OR COURSE SPONSOR (a) The Board shall deny or withdraw approval of any course or course sponsor upon finding that: (1) the course sponsor has made any false statements or presented any false information in connection wit…

11 NCAC 08 .1338 SCHEDULING Courses shall be scheduled and conducted in a manner that limits class sessions to a maximum of eight classroom hours in any given day, including breaks for each class session. The maximum permissible class session without a break is 90 minutes. Course…

11 NCAC 08 .1339 MINIMUM CLASS SIZE The minimum class size for any session of an approved continuing education course shall be five students, as determined by the sponsor's preregistration records. The minimum class size requirement shall not apply to class sessions when the spon…

11 NCAC 08 .1340 NOTICE OF SCHEDULED COURSES (a) A sponsor shall provide the Board with written notice of each scheduled course offering no later than 10 days before a scheduled course date. The notice shall include the name and assigned number for the sponsor, the name and assig…

11 NCAC 08 .1341 ADVERTISING; PROVIDING COURSE INFORMATION (a) Course sponsors shall not use advertising of any type that is false or misleading. If the number of continuing education credit hours awarded by the Board for an approved elective course is fewer than the number of sc…

11 NCAC 08 .1342 CLASSES OPEN TO ALL LICENSEES All class sessions of approved continuing education courses shall be open to all licensees on a first-come, first-served basis. The sponsor of a course that has a bona fide education or experience prerequisite may refuse admission to…

11 NCAC 08 .1343 CLASSROOM FACILITIES A classroom in which a course is provided shall: (1) accommodate all enrolled students; (2) be equipped with student desks, worktables with chairs, or other seating having a surface on which students can write; (3) have light, heat, cooling, …

11 NCAC 08 .1344 STUDENT CHECK-IN Upon initially checking in for a class session, sponsors and instructors shall require licensees to provide their license numbers and shall provide each student with a copy of the continuing education student information sheet provided to sponsor…