North Carolina Administrative Code

21 NCAC 04B .0602 ADVERTISING (a) In all advertisements relating to an auction, the auctioneer's, apprentice auctioneer's, or auction firm's name and license number shall be given. If an auctioneer is working for or in conjunction with an auction firm, the relationship shall be d…

21 NCAC 04B .0603 SALE PROCEEDS, ACCOUNTING AND ESCROW ACCOUNTS (a) Each payment made payable to the auctioneer/firm of which any portion belongs to others, and not disbursed to the seller on auction day, shall be deposited in an escrow account for the benefit of the owner or sel…

21 NCAC 04B .0604 CONTRACTS, CONSIGNMENT RECORDS, SALES RECORDS, AND BIDDER REGISTRATION RECORDS (a) All written agreements for auctions and registration, sales, and accounting records shall be maintained at the site during the conduct of the auction and, upon request, shall be m…

21 NCAC 04B .0605 BIDDING (a) No auctioneer/auction firm shall bid on items in a sale he or she is conducting or procure the bid without the intent to purchase the item. However, in a sale with reserve, the auctioneer/auction firm may bid on the reserve item up to, and including,…

21 NCAC 04B .0606 AUCTION FIRMS (a) All licensed auction firms shall have at least one Board-approved designated person as defined by G.S. 85B-1(10). If a licensed auction firm does not have at least one Board-approved designated person, it shall not engage in auctioneering activ…

21 NCAC 04B .0607 sole proprietor auction BUSINESSES (a) A licensed auctioneer who owns and operates a sole proprietor auction business has the responsibility for arranging, managing, soliciting, and contracting auctions; the supervision of the auction staff; the supervision of t…

SECTION .0700 - RECOVERY FUND 21 NCAC 04B .0701 APPLICATIONS All verified applications will be served upon the Commission in accordance with the procedures set forth in G.S. 1A-1, Rule 4(j)(4). History Note: Authority G.S. 85B-4.2; Eff. January 1, 1995; Readopted Eff. July 1, 202…

SECTION .0800 - CONTINUING EDUCATION 21 NCAC 04B .0801 CONTINUING EDUCATION COURSE (a) To renew a license in active status, an auctioneer, apprentice auctioneer, or designated person(s) in an auction firm shall complete Board-approved course(s) consisting of the hours of instruct…

21 NCAC 04B .0802 APPLICATION FOR ORIGINAL APPROVAL (a) An entity seeking original approval to sponsor a course shall make application on a form prescribed by the Board, which may be obtained from the Board using the information in Rule .0102 of this Subchapter. The application f…

21 NCAC 04B .0803 STUDENT FEE FOR COURSES Sponsors of a course may establish the amount of the fee to be charged to students taking the course. However, the established fee shall be an all-inclusive fee and no separate or additional fee may be charged to students for providing co…

21 NCAC 04B .0804 APPROVAL OF CONTINUING EDUCATION INSTRUCTORS (a) Approval of course instructors shall occur at the time of the approval of the course sponsor. Approval of a course instructor authorizes the instructor to teach the course only for the approved course sponsor. An …

21 ncac 04b .0805 SPONSOR REQUIREMENTS (a) An entity is eligible to seek approval as a sponsor of continuing education courses, provided that the entity seeking approval is either the owner of the proprietary rights to the course or has acquired from the course owner the right to…

21 NCAC 04B .0806 COURSE COMPLETION REPORTING (a) Course sponsors shall prepare and submit to the Board reports verifying the student's completion of each continuing education course conducted. Sponsors shall submit these reports to the Board within 30 calendar days following the…

21 ncac 04b .0807 CHANGE IN SPONSOR OWNERSHIP AND OTHER INFORMATION (a) The approval granted to a course sponsor may be transferred to a new or different entity only with the advance approval of the Board. (b) Course sponsors shall notify the Board in writing prior to any change …

21 NCAC 04B .0808 COURSE RECORDS All course sponsors shall retain on file for two years records of student registration and attendance for each session of a continuing education course that is conducted and shall make such records available to the Board, or its staff, upon reques…

21 ncac 04b .0809 RENEWAL OF COURSE AND SPONSOR APPROVAL Board approval of all continuing education course sponsors shall expire on the next June 30 following the date of issuance. A completed renewal application prescribed by the Board shall be submitted to the Board annually on…

21 ncac 04b .0810 DENIAL OR WITHDRAWAL OF APPROVAL (a) The Board may 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 with an application for course o…

21 NCAC 04B .0811 MINIMUM CLASS SIZE History Note: Authority G.S. 85B-4(e1); Temporary Adoption Eff. January 1, 2000; Eff. April 1, 2001; Repealed Eff. July 1, 2020.

21 NCAC 04B .0812 SCHEDULING AND NOTICE OF SCHEDULED COURSES (a) An hour of creditable instruction is defined as 50 minutes of instruction or practical exercise accompanied by a break of up to 10 minutes. (b) Sponsors shall provide the Board written notice of all scheduled course…

21 NCAC 04B .0813 ADVERTISING; PROVIDING COURSE INFORMATION (a) Course sponsors shall not utilize advertising of any type that is false or misleading. In any advertisement for a course, the sponsor shall state the total number of hours of the course and the number of those hours …

21 NCAC 04B .0814 CONDUCT OF CLASSES (a) 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 an education or experience prerequisite, such as an advanced course leading to …

21 ncac 04b .0815 INSTRUCTOR CONDUCT AND PERFORMANCE (a) All instructors shall ensure that class sessions are conducted at the scheduled time and for the full amount of time that is scheduled. (b) Instructors shall conduct courses in accordance with the Board's rules, and shall d…

21 NCAC 04B .0816 MONITORING ATTENDANCE (a) Sponsors and instructors shall monitor attendance for the duration of each class session to ensure that all students reported as completing a course according to these Rules have attended at least 90 percent of the scheduled classroom h…

21 ncac 04b .0817 STUDENT PARTICIPATION STANDARDS (a) Students shall comply with the following student participation standards: (1) A student shall direct his or her attention to the instruction being provided and refrain from engaging in activities unrelated to the instruction. …

21 NCAC 04B .0818 ADDITIONAL SPONSOR REQUIREMENTS (a) Sponsors and instructors may make available for purchase by continuing education students materials that belong to the sponsor or instructor. Class time may not be used to promote or sell any materials or to solicit affiliatio…

21 NCAC 04B .0819 ALTERNATIVE COMPLIANCE (a) An auctioneer, apprentice auctioneer, or designated person of an auction firm who is unable to attend a Board-approved course and obtain the requisite hours of instruction established by the Board may submit evidence of alternative com…

chapter 05 – behavior analyst licensure board SECTION .0100 – GENERAL 21 NCAC 05 .0101 RESERVED FOR FUTURE CODIFICATION

21 NCAC 05 .0102 BOARD ADDRESS AND WEBSITE (a) Unless otherwise directed, all correspondence shall be mailed to the following address: 701 Exposition Place Suite 206 Raleigh, NC 27615 (b) The Board website shall be www.ncbehavioranalystboard.org. History Note: Authority G.S. 90-7…

SECTION .0200 – APPLICATIONS 21 NCAC 05 .0201 APPLICATION FOR LICENSURE OF LICENSED BEHAVIOR ANALYST AND LICENSED ASSISTANT BEHAVIOR ANALYST (a) The Behavior Analyst License applicant shall submit the following to the Board: (1) Documentation of all previous professional human se…

21 NCAC 05 .0202 REFERENCES The application for Behavior Analyst License and Assistant Behavior Analyst shall include two letters of reference, to be submitted to the Board by the applicant. The two letters of references shall include: (1) name of reference and applicant; (2) per…

21 NCAC 05 .0203 CERTIFICATION (a) The applicant for Behavior Analyst License or Assistant Behavior Analyst shall submit an official copy of the applicant's Behavior Analyst certification to the Board. (b) The Board shall accept electronic submissions of the Behavior Analyst cert…

SECTION .0300 - FEES 21 NCAC 05 .0301 FEES (a) The fees to obtain a Behavior Analyst License shall be: (1) Application Fee – Two hundred fifty dollars ($250.00); (2) Renewal Fee – Two hundred dollars ($200.00); (3) Late Renewal Fee – Fifty dollars ($50.00); (4) Reciprocity Fee – …

SECTION .0400 – SUPERVISION 21 NCAC 05 .0401 SUPERVISION OF ASSISTANT BEHAVIOR ANALYST (a) Applicants for licensure as an assistant behavior analyst shall provide to the Board a supervisory agreement between the licensed behavior analyst and the licensed assistant behavior analys…

21 NCAC 05 .0402 SUPERVISION OF BEHAVIOR TECHNICIANS (a) Behavior technicians shall be supervised by a licensed behavior analyst or a licensed assistant behavior analyst. (b) Any licensed behavior analyst or licensed assistant behavior analyst employing or supervising behavior te…

SECTION .0500 - ETHICS 21 NCAC 05 .0501 Ethics The Board shall use The Ethics Code for Behavior Analysts, which is hereby incorporated by reference, including subsequent amendments and editions, and may be found at https://www.bacb.com/ at no cost, in determining whether ethical …

SECTION .0600 – DISCIPLINARY INVESTIGATION 21 NCAC 05 .0601 COMPLAINT PROCEDURES (a) Initiation. Any individual with personal knowledge that any person has violated the Code of Conduct, any other rules of this Chapter, or G.S. 90, Article 43, may file a complaint by submitting th…

21 NCAC 05 .0602 INVESTIGATION OF COMPLAINT (a) The ethics committee shall consist of a member of the Board as chairperson, the Board administrator and the Board's legal counsel. The ethics committee shall investigate the allegations in the complaint. The chairperson may appoint …

21 NCAC 05 .0603 METHOD OF DISCIPLINE (a) Following an investigation or hearing the Board may: (1) deny a license; (2) revoke a license; (3) suspend a license until further order of the Board or for a specified period of time; (4) reprimand the Respondent; or (5) take other actio…

CHAPTER 6 - BOARD OF BARBER AND ELECTROLYSIS EXAMINERS SUBCHAPTER 6A - DEPARTMENTAL RULES SECTION .0100 - ORGANIZATIONAL RULES 21 NCAC 06A .0101 FORMAL NAME History Note: Authority G.S. 86A-4; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. March 1, 1983; Rep…

21 NCAC 06A .0102 ADDRESS (a) The Board's mailing address is 7001 Mail Service Center, Raleigh, North Carolina 27699-7000 and email addresses are barbers@nc.gov and electrolysis@nc.gov. (b) The Board's physical address is 4328 Bland Rd, Raleigh, North Carolina 27609. (c) The Boar…

21 NCAC 06A .0103 OFFICE HOURS History Note: Authority G.S. 86A-6; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. June 1, 2008; May 1, 1989; Repealed Eff. September 1, 2013.

21 NCAC 06A .0104 MAILING ADDRESS History Note: Authority G.S. 86A-6; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. June 1, 2008.

21 NCAC 06A .0105 PURPOSES AND RESPONSIBILITIES History Note: Legislative Objection Lodged Eff. March 7, 1983; Statutory Authority G.S. 86A-5; 86A-9; 86A-12; 86A-15; 86A-17; 86A-18; 86A-19; 86A-21; 86A-22; 86A-25; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Ef…

21 NCAC 06A .0206 INSTRUCTORS CERTIFICATE History Note: Authority G.S. 86A-7; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. March 1, 1983.

21 NCAC 06A .0209 MONTHLY REPORTS History Note: Authority G.S. 86A-7; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. May 1, 1989.

SECTION .0300 - EXECUTIVE SECRETARY 21 NCAC 06A .0301 EXECUTIVE secretary History Note: Authority G.S. 86A-6; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; March 1, 1989; Repealed Eff. September 1, 2013.

21 NCAC 06A .0302 INSTRUCTORS CERTIFICATE History Note: Authority G.S. 86A-7; 86A-25; Eff. February 1, 1976; Repealed Eff. February 8, 1978.

21 NCAC 06A .0303 DUTIES OF EXECUTIVE secretary History Note: Authority G.S. 86A-5(a)(4); Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed September 1, 2013.

21 NCAC 06A .0306 FUNDS COLLECTED History Note: Authority G.S. 86A-6; Eff. March 1, 1983; Repealed Eff. May 1, 1989.

subchapter 06b – RULE-MAKING PROCEDURES section .0100 – PETITONS FOR RULE-MAKING 21 NCAC 06B .0101 PETITION FOR RULE-MAKING Any person submitting a petition to adopt, amend, or repeal a rule by the Board shall address a petition to the Chairman at the office address in 21 NCAC 06…