North Carolina Administrative Code

21 NCAC 12a .0402 SUBJECT MATTER (a) Examinations for licensure shall ascertain the following: (1) The criteria set out in G.S. 87-10(b); and (2) The qualifiers's knowledge of the practice of general contracting within the specific classification(s) he or she is seeking to be qua…

21 NCAC 12a .0403 NUMBER OF EXAMINATIONS TAKEN An applicant must take one different examination for each classification of general contracting for which the applicant seeks licensure. History Note: Authority G.S. 87-1; 87-10; Eff. February 1, 1976; Readopted Eff. September 26, 19…

21 NCAC 12a .0404 PASSING GRADE Persons taking the examination shall receive a score of at least 70 in order to pass the examination. 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 January 1, 1983; Repealed Eff. Ma…

21 NCAC 12a .0405 EXAMINATION SCHEDULE Upon approval of the application by the Board, applicants will be notified as to the instructions for scheduling the required examination or examinations. Applicants may receive details from the examinations provider concerning the actual da…

21 NCAC 12a .0408 PERSON TAKING EXAMINATION History Note: Authority G.S. 87-1; 87-10; Eff. February 1, 1976; Readopted Eff. September 26, 1977; Amended Eff. April 1, 2006; September 1, 1992; May 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public in…

21 NCAC 12a .0409 REVIEW WORKSHOP CHARGE History Note: Authority G.S. 87-10; 150B-19(5)d; Eff. June 1, 1992; Repealed Eff. April 1, 2004; Recodified from 21 NCAC 12 .0409 Eff. January 2, 2020.

21 NCAC 12a .0410 FAILING EXAMINATION History Note: Authority G.S. 87-10; Eff. December 1, 1995; Amended Eff. August 1, 2000; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016; Repealed Eff. April 1, 2018; Recodified from 21 NCA…

SECTION .0500 - LICENSE 21 NCAC 12a .0501 LICENSE GRANTED (a) License numbers shall be included on all contracts and bids. (b) If a licensee files Articles of Dissolution or the N.C. Department of the Secretary of State withdraws the licensee's Certificate of Authority, the Board…

21 NCAC 12a .0502 TEMPORARY LICENSE The Board shall issue a temporary license only as required by G.S. 93B-15.1. History Note: Authority G.S. 87-1; 87-10; Eff. February 1, 1976; Readopted Eff. September 26, 1977; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive …

21 NCAC 12A .0503 RENEWAL OF LICENSE (a) Applications for renewal of license shall contain the following: (1) the Social Security Number of the applicant and qualifier(s) and tax identification number for corporations, LLCs, or partnerships; (2) the applicant's contact informatio…

21 NCAC 12a .0504 INCREASE IN LIMITATION (a) General. A person, firm, or corporation holding a valid license to engage in the practice of general contracting in North Carolina may apply for a different limitation by making application for such different limitation with the Board.…

21 NCAC 12a .0505 MAINTAINING CURRENT ADDRESS; NOTIFICATION (a) All licensees, applicants, and qualifiers shall notify the Board of any change in mailing address, phone number, or email address within 30 days from the date of the change. Notice shall be given in writing or throug…

21 NCAC 12a .0506 CHARGE FOR STATUS OF LICENSURE The Board shall charge persons requesting a verified copy of all or part of its roster of licensed contractors a fee to cover the cost of copying and mailing. History Note: Authority G.S. 87-8; 87-13; 150B-19(5); Eff. June 1, 1992;…

21 NCAC 12a .0507 FUND SUSPENSION In the event the Board's authority to expend funds is suspended pursuant to G.S. 93B-2, the Board shall continue to issue and renew licenses and all fees tendered shall be placed in an escrow account maintained by the Board for this purpose. Once…

21 NCAC 12A .0508 REPORTING CRIMINAL CONVICTIONS AND DISCIPLINARY ACTIONS (a) Any licensee who is convicted of any felony or misdemeanor, or who is disciplined by or enters into a conciliation agreement or consent order with any governmental agency in connection with any occupati…

21 NCAC 12a .0606 RULE-MAKING History Note: Authority G.S. 150A-11; 150A-14; Eff. January 1, 1983; Amended Eff. December 1, 1985; Repealed Eff. September 1, 1988; Recodified from 21 NCAC 12 .0606 Eff. January 2, 2020.

21 NCAC 12A .0607 WAIVER The Board may waive any rule in this Chapter that is not statutorily required if a licensee, qualifier, continuing education course provider, or continuing education course instructor submits a written request. Factors the Board shall use in determining w…

section .0700 – BOARD DISCIPLINARY PROCEDURES 21 NCAC 12a .0701 IMPROPER PRACTICE (a) Complaint. Any person who believes that a licensed general contractor is in violation of the provisions of G.S. 87-11 may file a complaint with the Board against a licensee, qualifier, or both b…

21 NCAC 12a .0702 UNLICENSED PRACTICE (a) Complaint. Any person who believes that a person, firm, or corporation is in violation of the acts specified in G.S. 87-13 may file a complaint against that person, firm, or corporation. The complaint shall be filed with the Board and inc…

21 NCAC 12a .0703 FEE FOR SUBMITTAL OF BAD CHECK (a) The Board shall charge the maximum processing fee allowed by G.S. 25-3-506 if a check submitted to the Board is returned by a financial institution because of insufficient funds or because the drawer did not have an account at …

21 NCAC 12a .0816 ADMINISTRATIVE HEARING History Note: Authority G.S. 150A-11; 150A-14; Eff. January 1, 1983; Amended Eff. December 1, 1985; Repealed Eff. September 1, 1988; Recodified from 21 NCAC 12 .0816 Eff. January 2, 2020.

21 NCAC 12a .0817 RIGHT TO HEARING History Note: Authority G.S. 87-11(b); 150B-11; 150B-38; Eff. September 1, 1988; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016; Repealed Eff. April 1, 2018; Recodified from 21 NCAC 12 .0817…

21 NCAC 12a .0818 REQUEST FOR HEARING (a) A person aggrieved as defined by G.S. 150B-2 may submit a request for a hearing pursuant to G.S. 150B-38 before the Board in writing to the Board's office, with the request bearing the notation: REQUEST FOR ADMINISTRATIVE HEARING. The req…

21 NCAC 12a .0819 GRANTING OR DENYING HEARING REQUEST (a) The Board shall decide whether to grant a request for a hearing. (b) The denial of request for a hearing shall be issued immediately upon decision, and in no case later than 60 days after the submission of the request. Suc…

21 NCAC 12a .0820 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 comply with G.S. 150B-38(b). (b) Based upon information received, if the Board determines that the…

21 NCAC 12a .0821 WHO SHALL HEAR CONTESTED CASES All administrative hearings will be conducted by the Board, a panel consisting of a majority of the members of the Board, or an administrative law judge designated to hear the case pursuant to G.S. 150B-40(e). History Note: Authori…

21 NCAC 12a .0822 INFORMAL PROCEDURES 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 case…

21 NCAC 12a .0823 PETITION FOR INTERVENTION (a) A person desiring to intervene in a contested case must file a written petition with the Board's office. The request should bear the notation: PETITION TO INTERVENE IN THE CASE OF (Name of case). (b) The petition must include the fo…

21 NCAC 12a .0824 TYPES OF INTERVENTION (a) Intervention of Right. A petition to intervene as 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 the petition is timely. (b) Permissiv…

21 NCAC 12a .0825 DISQUALIFICATION OF BOARD MEMBERS History Note: Authority G.S. 87-11(b); 150B-11; 150B-38; 150B-40; Eff. October 1, 1988; Expired Eff. August 1, 2016 pursuant to G.S. 150B-21.3A; Recodified from 21 NCAC 12 .0825 Eff. January 2, 2020.

21 NCAC 12a .0826 FAILURE TO APPEAR Should a party fail to appear at a scheduled hearing, the Board may proceed with the hearing and make its decision in the absence of the party, provided that the party has been given notice in accordance with G.S. 150B-38 and unless otherwise d…

21 NCAC 12a .0827 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: (1) be made in writing to the Board; (2) identify any document sought; (3) include…

21 NCAC 12a .0828 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. At the request of a party or upon the Board's own motion, the presidi…

21 NCAC 12a .0829 FINAL DECISION In all cases heard by the Board, the Board shall issue a final written decision within 60 days following the close of the hearing. This decision will be the prerequisite "final agency decision" for the right to judicial review. History Note: Autho…

21 NCAC 12a .0830 PROPOSALS FOR DECISIONS (a) If an administrative law judge hears a contested case pursuant to G.S. 150B-40(e), a party may file written exception and alternative finding of facts and conclusions of law to the "proposal for decision" issued by the administrative …

section .0900 – homeowners recovery fund 21 NCAC 12a .0901 DEFINITIONS The following definitions apply to the Board's administration of the Homeowners Recovery Fund established pursuant to Article 1A, Chapter 87 of the General Statutes: (1) "Constructing or altering" means contra…

21 NCAC 12a .0902 MANAGEMENT OF FUND (a) The Secretary-Treasurer, as the Board's Chief Administrative Officer, shall: (1) Establish a special account of the Board for those monies collected pursuant to G.S. 87-15.6(b); (2) Make expenditures from the fund as authorized by G.S. 87-…

21 NCAC 12a .0903 APPLICATION FOR PAYMENT (a) Homeowners meeting the requirements of G.S. 87-15.8 who wish to file for reimbursement from the Homeowners Recovery Fund shall provide the following information on an application prescribed by the Board: (1) the applicant's name and a…

21 NCAC 12a .0904 FILING DEADLINE AND SERVICE (a) Applicants seeking recovery from the fund shall be forever barred unless application is made within one year after termination of all proceedings, including appeals, in connection with an unsatisfied judgment obtained against a ge…

21 NCAC 12a .0905 MULTIPLE CLAIMS (a) Any time the Board has notice of more than one application or potential claim for payment from the fund arising out of the conduct of a single general contractor, the Board may, in its discretion, direct that all applications filed before a d…

21 NCAC 12a .0906 PROCESSING OF CLAIM APPLICATION (a) Staff shall refer a filed application for a claim to the Recovery Fund Review Committee. The Recovery Fund Review Committee is a committee made up of the following individuals: (1) one member of the Board; (2) the legal counse…

21 NCAC 12a .0907 HOMEOWNERS RECOVERY FUND HEARING (a) If it is determined by the Recovery Fund Review Committee that the Board should conduct a hearing on an application, the Board shall give the applicant and general contractor notice of hearing not less than 15 days before the…

21 NCAC 12a .0908 ORDER DIRECTING PAYMENT FROM FUND After any hearing, the Board may find that an applicant should be paid from the fund and the Board may enter an Order requiring payment from the fund in whatever sum the Board deems appropriate in accordance with the limitations…

21 NCAC 12a .0909 SETTLEMENT OF CLAIMS The claim or claims forming the basis of an application for recovery from the fund may be compromised and settled by the applicant and the general contractor after the filing of the application. The parties shall notify the Board immediately…

21 NCAC 12a .0910 LIMITATIONS; PRO RATA DISTRIBUTION (a) Payments from the fund for an approved application shall not exceed an amount equal to 10 percent of the total amount in the fund at the time the application is approved by the Board. All applications considered by the Boar…

21 NCAC 12a .0911 SUBROGATION OF RIGHTS When the Board has paid from the fund any sum to the applicant, the Board shall be subrogated to the rights of the applicant and the applicant shall assign to the Board all of his rights, title, and interest in the claim to the extent of th…

21 NCAC 12a .0912 ACTIONS AGAINST GENERAL CONTRACTOR Nothing contained in these Rules shall prohibit or limit the authority of the Board to take disciplinary action against its licensees or to seek injunctive relief against those persons who have engaged in the unauthorized pract…

SUBCHAPTER 12B – CONTINUING EDUCATION SECTION .0100 – GENERAL 21 NCAC 12B .0101 GENERAL (a) To ensure continuing efforts on the part of licensed general contractors to remain current with new developments in all aspects of general contracting and to encourage better business prac…

21 NCAC 12B .0102 CONTINUING EDUCATION CREDIT (a) Beginning with renewals filed for the 2021 license year, a licensee shall designate at least one qualifier who shall complete eight continuing education (CE) hours during the year preceding renewal. (b) For the purposes of this Su…

21 NCAC 12B .0103 CONTINUING EDUCATION RECORDS; AUDIT (a) A licensee shall maintain records of a qualifier's attendance at continuing education programs for which CE credit has been approved for four years following the processing date of the renewal application to which the CE c…