North Carolina Administrative Code

21 NCAC 06B .0102 CONTENTS OF PETITIONS History Note: Authority G.S. 86A-25; 150A-11(1); 150A-16; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. May 1, 1989.

21 NCAC 06B .0103 PETITION FOR AMENDMENT OR REPEAL OF RULE History Note: Authority G.S. 150B-20; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. August 1, 2016.

21 NCAC 06B .0104 CONTENTS OF PETITIONS History Note: Authority G.S. 86A-25; 150A-11(1); 150A-16; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. May 1, 1989.

21 NCAC 06B .0105 GRANTING OR DENYING PETITIONS Within 120 days of submission of the petition, the Board shall render a final decision. If the decision is to grant the petition, the Board shall initiate a rule-making proceeding by issuing a notice as provided for in G.S. 150B-20(…

SECTION .0200 - NOTICE 21 NCAC 06B .0201 NOTICE TO PARTIES History Note: Authority G.S. 86A-12; 150A-11(1); 150A-16; 150A-23; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. May 1, 1989.

21 NCAC 06B .0202 MAILING LIST Any person or agency desiring to be placed on the mailing list for the Board's rule-making notices may file such request in writing furnishing his or her or the agency name and mailing address to the Chairman at the office address listed in 21 NCAC …

21 NCAC 06B .0203 PUBLIC NOTICE History Note: Authority G.S. 86A-12; 150A-11(1); 150A-12; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. May 1, 1989.

21 NCAC 06B .0204 INFORMATION REQUESTS History Note: Authority G.S. 150B-21.2(d); Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. July 1, 2016.

SECTION .0300 - HEARINGS 21 NCAC 06B .0301 LOCATION OF HEARINGS History Note: Authority G.S. 86A-5; 150B-21.2; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. June 1, 2008; May 1, 1989; Repealed Eff. August 1, 2016.

21 NCAC 06B .0302 ORAL PRESENTATIONS History Note: Authority G.S. 150B-21.2(e); Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. August 1, 2016.

21 NCAC 06B .0305 WRITTEN STATEMENT History Note: Authority G.S. 150B-21.2(f); Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. August 1, 2016.

21 NCAC 06B .0306 ACKNOWLEDGMENT History Note: Authority G.S. 150B-21.2(f); Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. July 1, 2016.

21 NCAC 06B .0307 CONTROL OF HEARINGS (a) The presiding officer at a rule-making hearing shall have control of the proceedings including the following: (1) the recognition of speakers; (2) the time allotment for presentations and extension of any time allotments; and (3) the mana…

21 NCAC 06B .0308 REQUEST FOR STATEMENT ON FINAL DECISION History Note: Authority G.S. 150B-21.2(h); Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. August 1, 2016.

21 NCAC 06B .0309 RECORDS History Note: Authority G.S. 150B-21.2(i); Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Readopted Eff. July 1, 2016; Expired Eff. May 1, 2025 pursuant to G.S. 150B-21.3A.

section .0500 - DECLARATORY RULINGS 21 NCAC 06B .0501 REQUEST FOR DECLARATORY RULING All requests for declaratory rulings shall be in writing and mailed to the Chairman at the office address in 21 NCAC 06A .0102. History Note: Authority G.S. 150B-4; Eff. February 1, 1976; Readopt…

21 NCAC 06B .0502 CONTENTS OF REQUEST All requests for a declaratory ruling shall include the following information: (1) the name and address of petitioner; (2) the statute, rule, or order to which the petition relates; (3) a statement of the manner in which the petitioner is aff…

21 NCAC 06B .0503 REFUSAL TO ISSUE DECLARATORY RULING (a) The Board shall issue a declaratory ruling, except when: (1) the request for a declaratory ruling does not meet the requirements set forth in 21 NCAC 06B .0501; (2) the Board has previously issued a declaratory ruling on s…

21 NCAC 06B .0504 ISSUANCE OF DECLARATORY RULING History Note: Authority G.S. 86A-25; 150A-17; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. May 1, 1989.

21 NCAC 06B .0505 PROCEDURE History Note: Authority G.S. 150B-4; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. October 1, 2016.

subchapter 06c – contested cases section .0100 – CONTESTED CASES 21 NCAC 06C .0101 ADMINISTRATIVE HEARINGS History Note: Authority G.S. 150B-38; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Readopted Eff. July 1, 2016; Expired Eff. May 1, 2025…

21 NCAC 06C .0102 HEARINGS History Note: Authority G.S. 86A-25; 150A-2; 150A-23; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. May 1, 1989.

section .0200 – REQUEST FOR A HEARING 21 NCAC 06C .0201 REQUEST History Note: Authority G.S. 150B-38; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. July 1, 2016.

21 NCAC 06C .0204 CONTENTS OF REQUEST A written request for an administrative hearing shall contain the following information: (1) the name and address of petitioner; (2) a statement of the Board action being challenged; (3) a statement of the way in which the petitioner has been…

21 NCAC 06C .0205 ACKNOWLEDGEMENT History Note: Authority G.S. 150B-38; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. June 1, 2008; May 1, 1989; Repealed Eff. July 1, 2016.

SECTION .0500 - NOTICE 21 NCAC 06C .0501 REASONABLE NOTICE History Note: Authority G.S. 150B-38; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. August 1, 2016.

21 NCAC 06C .0502 NOTICE AND HEARING History Note: Authority G.S. 150B-38; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Readopted Eff. July 1, 2016; Expired Eff. May 1, 2025 pursuant to G.S. 150B-21.3A.

SECTION .0600 – WHO SHALL HEAR CONTESTED CASES 21 NCAC 06C .0601 WHO HEARS CONTESTED CASES History Note: Authority G.S. 150B-40; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. July 1, 2016.

21 NCAC 06C .0602 APPOINTMENT History Note: Authority G.S. 86A-25; 150A-32; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. May 1, 1989.

SECTION .0700 – PLACE OF HEARING 21 NCAC 06C .0701 LOCATION History Note: Authority G.S. 150B-38; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. July 1, 2016.

21 NCAC 06C .0702 ALTERNATIVE LOCATIONS History Note: Authority G.S. 86A-25; 150A-24; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. May 1, 1989.

SECTION .0800 - INTERVENTION 21 NCAC 06C .0801 REQUIREMENTS FOR INTERVENTION History Note: Authority G.S. 150B-38; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. July 1, 2016.

21 NCAC 06C .0807 ALLOWANCE History Note: Authority G.S. 150B-38; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Readopted Eff. July 1, 2016; Expired Eff. May 1, 2025 pursuant to G.S. 150B-21.3A.

21 NCAC 06C .0808 DENIAL History Note: Authority G.S. 150B-38; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. July 1, 2016.

21 NCAC 06C .0903 BIAS OF BOARD MEMBER If for any reason a member of the Board determines that personal bias or other factors precludes him or her from being able to hear a contested case and perform all duties in an impartial manner, he or she shall submit in writing to the Chai…

21 NCAC 06C .0904 BIAS CLAIMED BY PARTY History Note: Authority G.S. 150B-40; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. July 1, 2016.

21 NCAC 06C .0905 AFFIDAVIT OF DISQUALIFICATION An affidavit of disqualification shall state all facts the party deems relevant to the disqualification of the member of the Board. History Note: Authority G.S. 150B-40; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amende…

21 NCAC 06C .0906 FILING AFFIDAVIT An affidavit of disqualification shall be considered timely if filed before commencement of the hearing. History Note: Authority G.S. 150B-40; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Readopted Eff. July …

21 NCAC 06C .0907 DISQUALIFICATION The members of the Board who are not challenged in an affidavit of disqualification shall decide whether to disqualify the person being challenged by the following procedural rules: (1) The person whose disqualification is to be determined shall…

21 NCAC 06C .0908 NEW HEARING History Note: Authority G.S. 86A-25; 150A-25; 150A-32; 150A-33; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Repealed Eff. May 1, 1989.

21 NCAC 06C .0909 DISQUALIFICATION OF MAJORITY OF BOARD History Note: Authority G.S. 150B-40; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed August 1, 2016.

21 NCAC 06C .0912 COMPLAINTS (a) An individual who wishes to make a complaint alleging a violation of G.S. 86A or the Board's rules shall submit the complaint in writing to the address or through the website set forth in 21 NCAC 06A .0102. (b) Upon receipt of a complaint, the Boa…

21 NCAC 06C .0913 PREDETERMINATIONS FOR INDIVIDUALS WITH CRIMINAL RECORDS (a) An individual who wishes to request a predetermination under G.S. 93B-8.1(b6) shall submit a petition with the following: (1) The person's full name; (2) The person's social security number; (3) The per…

SUBCHAPTER 06D – CONDUCT OF THE CONTESTED CASE SECTION .0100 – FAILURE TO APPEAR 21 NCAC 06D .0101 CONTESTED CASE HEARINGS History Note: Authority G.S. 150B-38; Eff. February 1, 1976; Readopted Eff. February 8, 1978; Amended Eff. May 1, 1989; Repealed Eff. July 1, 2016.

SUBCHAPTER 06F – BARBER SCHOOL SECTION .0100 – BARBER SCHOOL 21 NCAC 06F .0101 PHYSICAL STRUCTURE (a) For the purpose of this Rule, "practical area" means the area of the school where barbering services are provided. (b) The physical structure of barber schools in North Carolina …

21 NCAC 06F .0102 MANAGER (a) Each barber school shall designate one of the instructors required by G.S. 86A-22(2) as the school manager. (b) The barber school manager is responsible for the school's compliance with G.S. 86A-15 and the rules in this Subchapter, whether present on…

21 NCAC 06F .0103 FILING (a) Each barber school shall file with the Board the name of the manager of the school. (b) When a change in the management of a barber school occurs, the school shall report the change at least 30 days before the change is effective, except in emergencie…

21 NCAC 06F .0104 INSTRUCTORS (a) At least one barber instructor shall supervise students engaged in barbering activities at all times. (b) Barber instructors shall barber only for the purpose of instruction or demonstration while on the premises of the barber school. (c) All cou…

21 NCAC 06F .0108 RE-EXAMINATION History Note: Authority G.S. 86A-25; Eff. February 1, 1976; Repealed Eff. February 8, 1978.

21 NCAC 06F .0109 RE-ENTERING SCHOOL A new application for a student permit shall be filed with the Board for: (1) each student who drops out and later re-enrolls in a barber school; and (2) any barber re-enrolling in barber school for additional instruction. History Note: Author…