North Carolina Administrative Code

21 NCAC 10 .0302 ETHICS OF ADVERTISING AND PUBLICITY Prohibited Advertising. The following shall constitute false or misleading advertising, which constitutes unethical conduct pursuant to G.S. 90-154.2: (1) Advertising that purports to guarantee a beneficial result from chiropra…

21 NCAC 10 .0303 SOLICITATION OF AUTO ACCIDENT VICTIMS (a) In-Person and Telephone Solicitation of Auto Accident Victims. In order to protect the public from misrepresentation, coercion, or undue influence, it shall be unlawful for a doctor of chiropractic, or the doctor's employ…

21 NCAC 10 .0304 DESIGNATION OF SPECIALTIES (a) Definitions. For purposes of this Rule, the following definitions shall apply: (1) Claim of Specialization: any use of the designations listed in this Rule or any representation stating or implying that, by virtue of additional trai…

21 NCAC 10 .0305 PREPAID TREATMENT PLANS (a) Prepaid Treatment Plan Defined. A "prepaid treatment plan" is a contract between a patient and a physician under which the patient, instead of paying for services as they are delivered, agrees in advance to pay a pre-determined total a…

21 NCAC 10 .0306 PUBLICATION OF NON-DIPLOMATE CREDENTIALS (a) Scope of Rule. Any credential awarded to a licensee of the Board upon completion of a healthcare-related educational program shall be subject to this Rule except a credential recognized pursuant to Rule .0304 of this S…

SECTION .0400 - RULE-MAKING PROCEDURES 21 NCAC 10 .0401 PETITIONS FOR ADOPTION OF RULES Submission. Rule-making petitions shall be sent to the president of the Board and shall state the petitioner's name and address, and shall contain the information required in G.S. 150B-20(a). …

21 NCAC 10 .0402 DISPOSITION OF PETITIONS History Note: Authority G.S. 90-142; 150A-16; Eff. February 1, 1976; Readopted Eff. January 27, 1978; Repealed Eff. December 1, 1988.

21 NCAC 10 .0403 ORAL PRESENTATIONS AT PUBLIC RULE-MAKING HEARINGS Oral Presentations at Public Hearing. Any public rule-making hearing required by Article 2A of Chapter 150 of the North Carolina General Statutes shall be conducted by the President of the Board or by any person h…

21 NCAC 10 .0404 HEARING History Note: Authority G.S. 150A-12; Eff. February 1, 1976; Readopted Eff. January 27, 1978; Repealed Eff. December 1, 1988.

21 NCAC 10 .0405 TEMPORARY RULES History Note: Authority G.S. 150B-13; Eff. February 1, 1976; Readopted Eff. January 27, 1978; Amended Eff. December 1, 1988; Repealed Eff. July 1, 2012.

21 NCAC 10 .0406 DECLARATORY RULINGS (a) General. The Board shall respond to requests for declaratory rulings in accordance with G.S. 150B-4. (b) Request for Declaratory Ruling: Contents. A request for a declaratory ruling shall be in writing and addressed to the president. The r…

SECTION .0500 - INVESTIGATION OF COMPLAINTS 21 NCAC 10 .0501 FILING COMPLAINTS Any person who has reason to believe that a Doctor of Chiropractic has violated the laws governing chiropractic may file a complaint with the Board. Anyone wishing to file a complaint shall file a form…

21 NCAC 10 .0502 UNLAWFUL PRACTICE History Note: Authority G.S. 90-147; 90-148; Eff. February 1, 1976; Readopted Eff. January 27, 1978; Repealed Eff. December 1, 1988.

21 NCAC 10 .0503 DETERMINATION OF PROBABLE CAUSE (a) General. Complaint allegations that, if taken as true, would be considered violations of the Board's Practice Act shall be referred to the Disciplinary Review Committee (DRC), along with any investigative report prepared by Boa…

21 NCAC 10 .0504 DRUG TESTING (a) Reasonable Suspicion. The Secretary of the Board may require a licentiate to submit to drug or blood alcohol testing if there is reasonable suspicion that the licentiate is consuming drugs or alcohol to such an extent or with such frequency as to…

SECTION .0600 - CONTESTED CASES 21 NCAC 10 .0601 GENERAL History Note: Authority G.S. 150B-2; 90-154; Eff. February 1, 1976; Readopted Eff. January 27, 1978; Repealed Eff. December 1, 1988.

21 NCAC 10 .0602 RIGHT TO HEARING History Note: Legislative Objection Lodged Eff. January 31, 1983; Curative Amended Eff. February 28, 1983; Statutory Authority G.S. 150B-2; 150B-3; Eff. February 1, 1976; Readopted Eff. January 27, 1978; Amended Eff. December 1, 1988; January 1, …

21 NCAC 10 .0603 NOTICE OF HEARING: ANSWER History Note: Authority G.S. 150B-38; Eff. February 1, 1976; Readopted Eff. January 27, 1978; Legislative Objection Lodged Eff. January 31, 1983; Curative Amended Eff. February 28, 1983; Amended Eff. December 1, 1988; January 1, 1983; Re…

21 NCAC 10 .0611 SUBPOENAS History Note: Authority G.S. 90-142; 150B-39; Eff. January 1, 1989; Repealed Eff. July 1, 2012.

21 NCAC 10 .0705 SUBPOENAS History Note: Authority G.S. 150A-27; Eff. February 1, 1976; Readopted Eff. January 27, 1978; Repealed Eff. January 1, 1989.

21 NCAC 10 .0706 CONDUCT OF BOARD HEARING (a) General. Hearings in contested cases shall be conducted by a majority of the Board, unless a majority of the Board votes to designate an administrative law judge to preside at the hearing in the Office of Administrative Hearings. The …

21 NCAC 10 .0707 DECISION OF BOARD History Note: Authority G.S. 150B-42; Eff. February 1, 1976; Readopted Eff. January 27, 1978; Amended Eff. December 1, 1988; Repealed Eff. July 1, 2012.

21 NCAC 10 .0708 CONTINUANCES FOR BOARD HEARINGS (a) Consistent with G.S. 150B-40, all motions for continuance shall be addressed to the secretary, or the designated presiding officer of the contested case hearing. All motions for continuance shall be in writing and received in t…

21 NCAC 10 .0709 SUBPOENAS (a) Requests for subpoenas for the attendance and testimony of witnesses or for the production of documents, either at a Board Hearing or for the purposes of discovery, shall: (1) be made in writing to the Board; (2) identify any document sought; (3) in…

21 NCAC 10 .0803 FEE SCHEDULE (a) The Board shall charge the following fees: (1) License application: $300.00; (2) License renewal: $300.00; (3) Certification of Competence: $35.00; (4) Renewal of Certification of Competence: $50.00; (5) Corporate registration: $50.00; (6) Corpor…

Chapter 12 - General Contractors Chapter 12 – Licensing Board for general contractors SubCHAPTER 12A – gENERAL PROVISIONS SECTION .0100 - ORGANIZATION AND RESPONSIBILITIES OF BOARD 21 NCAC 12A .0101 IDENTIFICATION The State Licensing Board for General Contractors, hereinafter ref…

21 NCAC 12A .0102 GENERAL PURPOSE OF BOARD (a) The purpose of the Board is to regulate persons who engage in activities which constitute the practice of general contracting as defined in G.S. 87-1 in order to safeguard the life, health and property of the people of North Carolina…

21 NCAC 12A .0103 STRUCTURE OF BOARD (a) Officers. Annually, during the April meeting, the Board shall elect from its members a Chairman and Vice-Chairman. The Chairman shall preside over all meetings of the Board and perform other duties as he or she may be directed to do by the…

SECTION .0200 - LICENSING REQUIREMENTS 21 NCAC 12A .0201 DEFINITIONS The following definitions shall apply to the Rules in this Chapter: (1) Completion: As used in G.S. 87-1(b), "completion" occurs upon issuance of a certificate of occupancy by the permitting authority with juris…

SUBCHAPTER 12A – GENERAL PROVISIONS SECTION .0200 - LICENSING REQUIREMENTS 21 ncac 12A .0202 CLASSIFICATION (a) A general contractor shall be certified in one of the following five classifications: (1) Building Contractor. This classification covers all building construction and …

21 NCAC 12A .0203 LIMITATION OF LICENSE History Note: Authority G.S. 87-1; 87-10; Eff. February 1, 1976; Readopted Eff. September 26, 1977; Amended Eff. January 1, 1983; Repealed Eff. May 1, 1989; Recodified from 21 NCAC 12 .0203 Eff. January 2, 2020.

21 NCAC 12A .0204 LICENSE LIMITATIONS; ELIGIBILITY (a) All licenses shall have an appropriate limitation as set forth in this Rule. (b) Limited License. The applicant for a limited license shall: (1) meet the requirements set out in G.S. 87-10 and Section .0400 of this Chapter; (…

21 ncac 12A .0205 QUALIFIER (a) The qualifier for the applicant shall be a responsible managing employee, officer, or member of the personnel of the applicant. A person may serve as a qualifier for no more than two licenses. A qualifier's examination credentials shall archive if …

21 NCAC 12A .0206 JOINT VENTURE History Note: Authority G.S. 87-1; 87-10; Eff. February 1, 1976; Readopted Eff. September 26, 1977; Repealed Eff. May 1, 1989; Recodified from 21 NCAC 12 .0206 Eff. January 2, 2020.

21 NCAC 12A .0207 JOINT VENTURE A joint venture may practice general contracting in North Carolina if every principal or member of the joint venture is licensed to practice general contracting in North Carolina with the appropriate classification and at least one principal has th…

21 NCAC 12A .0208 CONSTRUCTION MANAGEMENT (a) The phrase "undertakes to superintend or manage" as used in G.S. 87-1 to describe a person, firm, or corporation deemed to be a general contractor means that the person, firm, or corporation shall be responsible for superintending or …

21 NCAC 12A .0209 ASSUMED NAME APPLICATION (a) Any application made pursuant to G.S. 87-10 shall be accompanied by a Certificate of Assumed Name filed in accordance with Chapter 66, Article 14A of the General Statutes. Applications submitted to the Board on behalf of corporations…

21 ncac 12A .0210 BUILDING PROJECTS If a building project is performed pursuant to G.S. 87-1.1, the total amount of work to be performed by all licensed general contractors shall not exceed 25% of the total bid price. A licensed general contractor shall hold the applicable classi…

21 NCAC 12A .0211 MULTIUNIT BUILDINGS (a) If a project consists of the construction or alteration of one or more buildings that fall under the requirements of the North Carolina Building Code, all structures and units on the same parcel of land shall be considered as a single pro…

21 NCAC 12A .0212 PERMITS AND INSPECTIONS (a) A licensee shall obtain all necessary building permits from the local Code Enforcement Agency before commencing any work for which a building permit is required. After obtaining the necessary building permits, a licensee shall obtain …

SECTION .0300 - APPLICATION PROCEDURE 21 NCAC 12A .0301 GENERAL History Note: Authority G.S. 87-1; 87-10; Eff. February 1, 1976; Readopted Eff. September 26, 1977; Amended Eff. May 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. Ju…

21 NCAC 12a .0302 REQUEST History Note: Authority G.S. 87-1; 87-10; 150B-19(5); Eff. February 1, 1976; Amended Eff. June 23, 1977; Readopted Eff. September 26, 1977; Amended Eff. May 1, 2006; December 1, 1995; June 1, 1992; Pursuant to G.S. 150B-21.3A, rule is necessary without s…

21 NCAC 12a .0303 APPLICATION FOR LICENSURE (a) General. Applications for licensure shall contain the following: (1) the Social Security Number of examinees and qualifiers and tax identification numbers for corporate applicants; (2) the applicant's contact information; (3) the na…

21 NCAC 12A .0304 FEES (a) The Board shall charge the following fees related to license applications: (1) Application for limited license: $75.00; (2) Application for intermediate license: $100.00; (3) Application for unlimited license: $125.00; (4) Application for increase in li…

21 NCAC 12a .0305 FILING ADDRESS History Note: Authority G.S. 87-1; 87-10; Eff. February 1, 1976; Amended Eff. June 23, 1977; Readopted Eff. September 26, 1977; Amended Eff. May 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July …

21 NCAC 12a .0306 FILING DEADLINE History Note: Authority G.S. 87-1; 87-10; Eff. February 1, 1976; Readopted Eff. September 26, 1977; Amended Eff. June 1, 1994; June 1, 1992; Repealed Eff. April 1, 2001; Recodified from 21 NCAC 12 .0306 Eff. January 2, 2020.

21 ncac 12a .0307 NOTICE OF APPROVAL History Note: Authority G.S. 87-1; 87-10; Eff. February 1, 1976; Readopted Eff. September 26, 1977; Amended Eff. May 1, 1989; Repealed Eff. August 1, 2000; Recodified from 21 NCAC 12 .0307 Eff. January 2, 2020.

21 NCAC 12a .0308 CHARACTER REFERENCES History Note: Authority G.S. 87-1; 87-10; Eff. February 1, 1976; Readopted Eff. September 26, 1977; Amended Eff. May 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016; Amended Eff.…

21 NCAC 12a .0309 Licensure for Military-Trained Applicant; Licensure for Military Spouse (a) Licensure for a military-trained applicant. Upon receipt of a request for licensure pursuant to G.S. 93B-15.1 from a military-trained applicant, the Board shall issue a license to the ap…

SECTION .0400 - EXAMINATION 21 NCAC 12a .0401 GENERAL History Note: Authority G.S. 87-1; 87-10; 87-15.1; Eff. February 1, 1976; Readopted Eff. September 26, 1977; Repealed Eff. May 1, 1989; Recodified from 21 NCAC 12 .0401 Eff. January 2, 2020.