North Carolina Administrative Code

21 NCAC 02 .0107 FORMS Any forms referred to or required by these rules are available on the Board web site at www.ncbarch.org. History Note: Authority G.S. 83A-6; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Amended Eff. July 1, 2014; May 1, 1989; November 1, 1979; …

21 NCAC 02 .0108 FEES The fees required by the Board are set forth below: Initial License to Practice Architecture: By Exam $55.00 By Reciprocity $155.00 Architecture Firm License $100.00 Annual License to Practice Architecture Renewal: Individual $55.00 Firm $125.00 Late Renewal…

21 NCAC 02 .0109 DEFINITIONS In addition to the statutory definitions in G.S. 83A-1, as used in these Rules, the following terms shall have the following meanings: (1) "Delinquent" is the status of a license registration that has not been renewed in accordance with Rule .0213(b) …

SECTION .0200 - PRACTICE OF ARCHITECTURE 21 NCAC 02 .0201 ARCHITECT, REGISTERED INTERIOR DESIGNER, FIRM OR PARTNERSHIP contact information as on file with the board (a) Every individual licensee and registrant shall keep the Board advised of his or her preferred current contact i…

21 NCAC 02 .0202 APPLICABILITY OF BOARD RULES History Note: Authority G.S. 83A-6; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Amended Eff. July 1, 2014; June 1, 1995; May 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff…

21 NCAC 02 .0203 rules of professional conducT All persons licensed or registered under the provisions of Chapter 83A of the North Carolina General Statutes are charged with having knowledge of the rules of this Chapter and are deemed to be familiar with their provisions and to u…

21 NCAC 02 .0204 FORMS OF PRACTICE (a) The practice of architecture shall be carried out by one of the following types of entities: (1) sole practitioners; (2) professional limited liability companies that are established under the provisions of G.S. 57D-2-02; (3) limited liabili…

21 NCAC 02 .0205 NAME OF FIRM (a) A licensee or registrant shall not engage in the practice of architecture or registered interior design under a firm name which is misleading or deceptive in any way as to the legal form of the firm or the persons who are partners, officers, memb…

21 NCAC 02 .0206 REQUIREMENT FOR AND USE OF PROFESSIONAL SEAL BY AN ARCHITECT OR REGISTERED INTERIOR DESIGNER (a) An architect shall seal his or her work whether or not the work is for an exempt project as defined in G.S. 83A-13. An architect shall not sign nor seal drawings, spe…

21 NCAC 02 .0207 DENIAL: SUSPENSION OR REVOCATION OF LICENSE History Note: Authority G.S. 83A-1; 83A-6; 83A-7; 83A-15; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Amended Eff. October 1, 1989; May 1, 1989; November 1, 1979; Repealed Eff. June 1, 1995.

21 NCAC 02 .0210 INCOMPETENCE (a) No person shall be permitted to practice architecture or registered interior design if such person is found by a licensed physician or court of law to be impaired in his or her ability to practice the profession because of physical or mental disa…

21 NCAC 02 .0211 UNAUTHORIZED PRACTICE History Note: Authority G.S. 83A-1(7); 83A-6; 83A-10; 83A-12; 83A-13; 83A-17; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Amended Eff. December 1, 1991; May 1, 1989; November 1, 1979; Pursuant to G.S. 150B-21.3A, rule is necess…

21 NCAC 02 .0212 INDEPENDENT JUDGMENT AND DISCLOSURE History Note: Authority G.S. 83A-6; 83A-16; 83A-17; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Amended Eff. June 1, 1995; May 1, 1989; November 1, 1979; Pursuant to G.S. 150B-21.3A, rule is necessary without subs…

21 NCAC 02 .0213 INDIVIDUAL LICENSES and registrationS (a) Renewal. The license to practice architecture or interior design registration must be renewed on or before the first day in July each year. Continued practice after such date shall constitute unlawful practice as set fort…

21 NCAC 02 .0214 Firm PRACTICE OF ARCHITECTURE AND REGISTERED INTERIOR DESIGN (a) Prior to offering and rendering architectural or registered interior design services as set forth in G.S. 83A and Rule .0204(a) and Rule .0204(c) of this Chapter, all firms shall submit an applicati…

21 NCAC 02 .0215 out of state firmS (a) Architectural and interior design firms from other states shall be granted firm licensure or registration for practice in this State upon receipt by the Board of a completed application as set forth in Rule .0214(a) of this Section, fees as…

21 NCAC 02 .0216 ANNUAL LISTING OF PARTNERSHIP History Note: Authority G.S. 83A-6; 83A-9; Eff. May 1, 1991; Amended Eff. June 1, 1995; Repealed Eff. November 1, 2010.

21 NCAC 02 .0217 ARCHITECT EMERITUS Resident architects who have been registered in this State who are retired from active practice or other related professional activities in any jurisdiction may apply for "Emeritus Status" by submitting a form provided by the Board showing comp…

21 NCAC 02 .0218 LIMITED LIABILITY COMPANIES History Note: Authority G.S. 57C-2-01; 83A-6; Eff. June 1, 1995; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015; Temporary Repeal Eff. November 30, 2021; Repealed Eff. June 1, 2…

21 NCAC 02 .0219 REGISTERED LIMITED LIABILITY PARTNERSHIPS History Note: Authority G.S. 83A-6; 59-84.2; 59-84.3; Eff. June 1, 1995; Repealed Eff. November 1, 2010.

SECTION .0300 - EXAMINATION PROCEDURES 21 NCAC 02 .0301 APPLICATION FOR Registration by exam History Note: Authority G.S. 83A-4; 83A-6; 83A-7; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Amended Eff. November 1, 2010; July 1, 1996; December 1, 1992; May 1, 1989; Pur…

21 NCAC 02 .0302 ARCHITECTURAL LICENSURE BY EXAMINATION (a) Those individuals who wish to take the Architectural Registration Exam (ARE) shall contact the National Council of Architecture Registration Boards (NCARB) directly to obtain exam eligibility. Upon completion of all requ…

21 NCAC 02 .0303 ARCHITECTURE licensure by reciprocitY (a) An individual who holds a current license in good standing from a National Council of Architecture Registration Boards (NCARB) recognized jurisdiction and a Certified Council Certificate issued by NCARB shall qualify for …

21 NCAC 02 .0304 ALIEN APPLICANTS History Note: Authority G.S. 83-4; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Repealed Eff. November 1, 1979.

21 NCAC 02 .0306 INTERIOR DESIGNER REGISTRATION (a) Those individuals who wish to practice as a registered interior designer in North Carolina shall demonstrate that they have satisfied the educational and professional experience eligibility requirements adopted by the Council fo…

21 ncac 02 .0307 CERTIFICATION AND LICENSURE FOR MILITARY PERSONNEL AND MILITARY SPOUSES (a) Upon receipt of a request for certification or licensure pursuant to G.S. 93B-15.1 from an applicant with military training and experience, the Board shall issue a certificate or license …

SECTION .0400 - RULES: PETITIONS: HEARINGS 21 NCAC 02 .0401 RULE-MAKING PETITIONS (a) A person may petition the Board to adopt a new rule or change or amend an existing rule by sending a rule-making petition to the Board at the Board's address set out in Rule .0101. The petition …

21 NCAC 02 .0402 NOTICE OF RULE-MAKING HEARINGS Upon a determination to hold a rule-making proceeding, either in response to a petition or otherwise, the Board shall give notice to all interested persons pursuant to the procedure established in Article 3A of Chapter 150B of the N…

21 NCAC 02 .0403 NOTICE MAILING LIST Any person desiring to be placed on the mailing list for Board rule-making notices may file such request in writing, furnishing his name and mailing address to the Board. The letter of request should state those subject areas within the author…

21 NCAC 02 .0404 SUBMISSION OF DATA Any person desiring to present data, views or arguments on a proposed rule must comply with the statement of procedure as contained in the Notice of Hearing for the rule. Any person desiring to make an oral presentation to the Board prior to or…

21 NCAC 02 .0405 PRESIDING OFFICER: POWERS AND DUTIES The presiding officer at a rule-making hearing shall have complete control of the proceedings, including recognition of the speakers, time allotments for presentations, the right to question speakers, direction of the discussi…

21 NCAC 02 .0406 RECORD OF PROCEEDINGS A record of all rule-making proceedings will be maintained in the Board office for as long as the rule is in effect. This record shall contain: the original petition (if any), the notice, all written comments submitted, statements of explana…

SECTION .0500 - DECLARATORY RULINGS 21 NCAC 02 .0501 PROCEDURE FOR DECLARATORY RULING (a) The Board shall decide whether to grant or deny a request to make a declaratory ruling on the validity of a rule or on the applicability of particular facts to a statute or to a rule or orde…

SECTION .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES 21 NCAC 02 .0601 PROFESSIONAL STANDARDS COMMITTEE (a) The Professional Standards Committee ("Committee") shall be appointed by the President of the Board. Complaints regarding violations of the law or board rules shall be referr…

21 NCAC 02 .0602 RIGHT TO HEARING History Note: Authority G.S. 83A-6; 150B-11; 150B-38; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Recodified from 21 NCAC 2 .0601; Amended Eff. May 1, 1989; Repealed Eff. June 1, 1995.

21 NCAC 02 .0603 REQUEST FOR HEARING (a) Any time an individual believes he is a person aggrieved by the Board's administrative action, but has not received notice of a right to an administrative hearing, that individual may file a formal request for a hearing. (b) Before an indi…

21 NCAC 02 .0604 GRANTING OR DENYING HEARING REQUESTS (a) The Board shall grant a request for a hearing if it determines that the party requesting the hearing is a "person aggrieved" within the meaning of G.S. 150B-2(6). (b) The denial of request for a hearing shall be issued no …

21 NCAC 02 .0605 NOTICE OF HEARING (a) The Board shall give the party or parties in a contested case a notice of hearing not less than 15 days before the hearing. Said notice shall contain the following information, in addition to the items specified in G.S. 150B-38(b): (1) the n…

21 NCAC 02 .0606 WHO SHALL HEAR CONTESTED CASES History Note: Authority G.S. 83A-6; 150B-11; 150B-38; 150B-40; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Recodified from 21 NCAC 2 .0605; Amended Eff. May 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary witho…

21 NCAC 02 .0607 PETITION FOR INTERVENTION (a) A person desiring to intervene in a contested case must file a written petition with the Board. The request must bear the notation: PETITION TO INTERVENE IN THE CASE OF (name of case). (b) The petition must include the following info…

21 NCAC 02 .0608 TYPES OF INTERVENTION (a) Intervention of Right. A petition to intervene of right, as provided in the North Carolina Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the criteria of that Rule and his petition is timely. (b) Permissive In…

21 NCAC 02 .0609 INFORMAL PROCEDURES (a) The Board and the party or parties may agree in advance to simplify the hearing by: decreasing the number of issues to be contested at the hearing; accepting the validity of certain proposed evidence; accepting the findings in some other c…

21 NCAC 02 .0610 DISQUALIFICATION OF BOARD MEMBERS (a) Self-disqualification. If for any reason a Board member determines that personal bias or other factors render that member unable to conduct the hearing and perform all duties in an impartial manner, that Board member shall vo…

SECTION .0700 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS 21 NCAC 02 .0701 CONTINUANCES FAILURE TO APPEAR (a) The presiding officer may grant continuances and adjournments only in compelling circumstances. (b) Should a party fail to appear at a hearing or fail to appear …

21 NCAC 02 .0702 WITNESSES Any party may be a witness and may present witnesses on the party's behalf at the hearing. All oral testimony at the hearing shall be under oath or affirmation and shall be recorded or transcribed. At the request of a party or upon the Board's own motio…

21 NCAC 02 .0703 SUBPOENAS (a) Requests for subpoenas for the attendance and testimony of witnesses or for the production of documents, either at a hearing or for the purposes of discovery, shall be made in writing to the Board, shall identify any document sought with sufficient …

21 NCAC 02 .0704 FINAL Agency DECISION In all cases heard by the Board of Architecture and Registered Interior Designers, the Board will issue its decision within 60 days after its next regularly scheduled meeting following the close of the hearing. This decision will be the prer…

21 NCAC 02 .0705 PROPOSALS FOR DECISIONS (a) When an administrative law judge conducts a hearing pursuant to G.S. 150B-40(e), a "proposal for decision" shall be rendered within 45 days of the hearing pursuant to the Rules of the Office of Administrative Hearings. The parties may …

SECTION .0900 - CONTINUING EDUCATION 21 NCAC 02 .0901 SCOPE The rules in this Section set forth the continuing education requirements to be complied with by licensees or registrants. History Note: Authority G.S. 83A-6(a)(4); 83A-6(a)(5); 83A-11; Eff. July 1, 1998; Amended Eff. Ju…

21 NCAC 02 .0902 DEFINITIONS History Note: Authority G.S. 83A-6(a)(4); 83A-6(a)(5); 83A-11; Eff. July 1, 1998; Repealed Eff. October 1, 2012.