North Carolina Administrative Code

21 NCAC 12B .0104 EXTENSION OF TIME (a) The Board shall grant a licensee an extension of time to complete CE requirements during a period of service in the Armed Forces of the United States upon submission of the following to the Board: (1) written request for an extension; and (…

21 NCAC 12B .0105 INACTIVE STATUS (a) Requests for inactive status as described in G.S. 87-10.2(h) shall be in writing and shall contain the following: (1) license name and number issued by the Board; (2) name(s) of qualifier(s); (3) if required, proof of active license status wi…

SECTION .0200 – PROVIDERS 21 NCAC 12B .0201 APPLICATION FOR INITIAL APPROVAL OF CONTINUING EDUCATION PROVIDER (a) Only continuing education providers approved by the Board shall be eligible to offer continuing education courses. If a third party advertises or hosts an approved co…

21 NCAC 12B .0202 EXPIRATION AND RENEWAL OF PROVIDER APPROVAL (a) All Board approvals issued to providers shall expire annually on December 1 following issuance of approval. (b) A provider shall submit an application for renewal of its approval within 45 days immediately precedin…

21 NCAC 12B .0203 DENIAL OR WITHDRAWAL OF PROVIDER APPROVAL (a) The Board may deny or withdraw approval of any continuing education provider upon finding that the provider or the continuing education coordinator in the employ of the provider: (1) made any false statements or pres…

21 NCAC 12B .0204 ATTENDANCE; ROSTER REPORTS AND CERTIFICATES (a) Qualifiers shall provide proof of identity upon arrival at a class session. (b) At the conclusion of any continuing education course, the provider shall submit to the Board a CE Roster Report verifying each qualifi…

21 NCAC 12B .0205 COURSE SCHEDULING Continuing education providers shall not offer, conduct, or allow a student to complete any continuing education course between December 1 and December 31, inclusive. History Note: Authority G.S. 87-10.2(b); Temporary Adoption Eff. January 2, 2…

21 NCAC 12B .0206 RECORDS AND BOARD REVIEW (a) All providers shall retain on file for four years records of student registration and attendance for each session of an approved continuing education course that is conducted and shall make such records available to the Board upon re…

SECTION .0300 – COURSES 21 NCAC 12B .0301 COURSE REQUIREMENTS (a) All continuing education courses shall: (1) cover subject matter related to the practice of general contracting and offer knowledge or skills that will enable general contractors to better serve consumers and the p…

21 NCAC 12B .0302 APPROVAL AND RENEWAL OF ELECTIVE COURSE (a) Prior to obtaining the Board's written approval of a continuing education elective course, providers shall not offer, advertise, or otherwise represent that any continuing education elective course is, or may be, appro…

21 NCAC 12B .0303 MANDATORY COURSE (a) The Board shall annually develop a Mandatory course as described in G.S. 87-10.2(b) and shall provide instructional materials for use by providers. (b) Only approved continuing education providers shall offer the Mandatory course to students…

SECTION .0400 – INSTRUCTORS 21 NCAC 12B .0401 APPLICATION AND CRITERIA FOR INITIAL INSTRUCTOR APPROVAL (a) A provider seeking initial instructor approval shall submit an application on a form available on the Board's website that requires the instructor applicant to indicate the …

21 NCAC 12B .0402 RENEWAL AND EXPIRATION OF INSTRUCTOR APPROVAL (a) Board approval of instructors shall expire annually on December 1 following issuance of Board approval. (b) A provider offering courses shall file an application for a previously approved instructor renewal no le…

21 NCAC 12B .0403 DENIAL OR WITHDRAWAL OF INSTRUCTOR APPROVAL The Board may deny or withdraw approval of any instructor applicant or approved instructor upon finding that the instructor or instructor applicant: (1) has failed to meet the criteria for approval described in Rule .0…

Chapter 14 - Cosmetic Art Examiners SUBCHAPTER 14A – DEPARTMENTAL RULES SECTION .0100 – ORGANIZATION RULES 21 NCAC 14A .0101 DEFINITIONS In addition to the definitions set forth in G.S. 88B-2, the following definitions apply in this Chapter: (1) "Beauty Establishment" refers to b…

21 NCAC 14A .0102 PHYSICAL ADDRESS History Note: Authority G.S. 88-23; 150B-11(1); Eff. February 1, 1976; Amended Eff. April 1, 1988; Repealed Eff. January 1, 1989.

21 NCAC 14a .0103 OFFICE HOURS History Note: Authority G.S. 88B-4 Eff. February 1, 1976; Amended Eff. August 1, 2000; January 1, 1989; Repealed Eff. July 1, 2010.

21 NCAC 14A .0104 ADDRESS (a) The address for the Board is 121 Edinburgh South Drive, Suite 209, Cary, NC 27511. (b) The Board website shall be located at www.nccosmeticarts.com. History Note: Authority G.S. 88B-6; Eff. February 1, 1976; Amended Eff. January 1, 2015; August 1, 19…

21 NCAC 14a .0105 PURPOSE AND RESPONSIBILITY History Note: Authority G.S. 88B-2; 88B-13; 88B-20; 88B-21; Eff. February 1, 1976; Amended Eff. January 1, 1989; April 1, 1988; Temporary Amendment Eff. January 1, 1999; Repealed Eff. August 1, 2000.

SECTION .0400 - LICENSE WAIVER FOR ARMED FORCES 21 NCAC 14A .0401 License waiver for armed forces (a) Licensees in good standing and serving in the Armed Forces of the United States, or the spouse of an individual in good standing and serving in the Armed Forces of the United Sta…

21 NCAC 14A .0402 Duplicate Licenses (a) A licensee may request a duplicate license by submitting a written application and a duplicate license fee to the Board. (b) All overpayments will be returned to the submitting applicant or licensee. History Note: Authority G.S. 88B-20; Ef…

21 NCAC 14A .0403 Additional Salon Chairs Salon owners may request an additional salon booth licensure by submitting written application including name, license number, and additional booth fees to the Board. History Note: Authority G.S. 88B-14; 88B-20; Eff. October 1, 2012; Purs…

21 NCAC 14A .0404 FEES (a) Fees and civil penalties paid by personal checks that are returned for any reason shall be treated in the same manner as though no fee had been tendered and the bank's returned check fee, not to exceed thirty-five dollars ($35.00), shall be assessed to …

SUBCHAPTER 14B - RULE-MAKING PROCEDURES SECTION .0100 - PETITIONS FOR RULE-MAKING 21 NCAC 14B .0101 PETITIONS Any person wishing to submit a petition requesting the adoption of a rule by the Board shall address a petition to the chairman of the Board at the Board's address listed…

21 NCAC 14B .0102 CONTENTS OF PETITIONS The petition shall contain the following information: (1) a draft of the proposed rule or amendment, (2) a summary of the contents of the proposed rule or amendment, (3) reason for the proposal, (4) effect of the new rule or amendment on ex…

21 NCAC 14B .0105 GRANTING OR DENYING PETITIONS The Board shall determine, based on a study of the facts stated in the petition, whether the public interest will be better served by granting or denying the petition. The Board shall consider the contents of the submitted petitions…

21 NCAC 14B .0106 RECOMMENDATION History Note: Authority G.S. 88-23; 150B-16; Eff. February 1, 1976; Repealed Eff. August 1, 1988.

21 NCAC 14B .0107 FINAL DECISION Within 30 days of submission of the petition or at its next regularly scheduled meeting, whichever is later, the Board will render a final decision. If the decision is to deny the petition, the chairman of the Board will notify the petitioner in w…

SECTION .0200 - NOTICE 21 NCAC 14B .0201 NOTICE TO PUBLIC Upon a determination to hold rule-making proceedings, either in response to a petition or otherwise, the Board will give 30 days notice of rule-making intent by publication in the North Carolina Register. History Note: Aut…

SECTION .0300 - HEARINGS 21 NCAC 14B .0301 LOCATION OF HEARINGS History Note: Authority G.S. 88-23; 150B-23; Eff. February 1, 1976; Repealed Eff. April 1, 1988.

21 NCAC 14B .0302 PROCEDURE FOR MAKING ORAL PRESENTATION AT HEARING (a) A person desiring to make an oral presentation on a proposed rule or amendment to a rule at a rule-making hearing shall submit a request to make a presentation with the chairman of the Board, at the Board's a…

21 NCAC 14B .0303 REQUEST FOR ORAL PRESENTATIONS History Note: Authority G.S. 150B-11(1); 150B-23; Eff. February 1, 1976; Amended Eff. April 1, 1988; Repealed Eff. January 1, 1989.

21 NCAC 14B .0304 ACKNOWLEDGEMENT OF A REQUEST TO MAKE AN ORAL PRESENTATION Upon receipt of a request to make an oral presentation at a rule-making hearing, the chairman of the Board shall acknowledge receipt of the request and inform the person requesting time for an oral presen…

21 NCAC 14B .0305 WRITTEN STATEMENT (a) Any person may file a written statement containing data, comments, or arguments in support of or in opposition to a proposed rule or rule change. Such statements may be filed before, during, or up to five days after the hearing by deliverin…

21 NCAC 14B .0306 ACKNOWLEDGEMENT Acknowledgement of all written comments received by the Board will be issued by the Chairman of the Board during the Board's meeting in which the rule is reviewed prior to voting for submission to RRC. History Note: Authority G.S. 88B-4; 150B-21.…

21 NCAC 14B .0307 CONTROL OF HEARINGS (a) The purpose of this Rule is to provide uniform procedures for the conduct of public comment hearings. (b) The presiding officer at the hearings shall have control of the proceedings including the following: (1) extension of any time requi…

21 NCAC 14B .0308 REQUEST FOR STATEMENT ON ADOPTED RULE Any person or agency desiring a concise statement of the principal reasons for and against the adoption of a rule by the Board and the factors that led to sustaining or overruling the considerations urged for or against its …

21 NCAC 14B .0309 RECORDS (a) A record of all rule-making proceedings will be maintained as long as the rule is in effect and for five years thereafter. This record will contain the following: (1) the original petition, if any; (2) the notice of text; (3) all written memoranda an…

SECTION .0500 - DECLARATORY RULINGS 21 NCAC 14B .0501 REQUEST FOR DECLARATORY RULING Any person affected by a statute administered or rule promulgated by the Board may request a declaratory ruling as to how the statute or rule applies to a given factual situation or whether a par…

21 NCAC 14B .0502 CONTENTS OF REQUEST All requests for a declaratory ruling shall include the following information: (1) name and address of petitioner; (2) statute or rule to which the petition relates; (3) concise statement of the manner in which the petitioner is aggrieved, or…

21 NCAC 14B .0503 REFUSAL TO ISSUE DECLARATORY RULING Whenever the Board believes, for just cause as listed in 21 NCAC 14B .0506, that the issuance of a declaratory ruling is inappropriate, it may refuse to do so. When just cause is deemed to exist, the Board will notify the peti…

21 NCAC 14B .0504 ISSUANCE OF DECLARATORY RULING History Note: Authority G.S. 150B-17; Eff. February 1, 1976; Repealed Eff. August 1, 2014.

21 NCAC 14B .0505 PROCEDURE A declaratory ruling procedure shall consist of written statements and oral hearings. History Note: Authority G.S. 150B-4; Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015; …

21 NCAC 14B .0506 CIRCUMSTANCES The Board may refuse to issue a declaratory ruling on the validity of a rule for just cause for any of the following reasons: (1) The Board has already made a declaratory ruling on substantially similar facts in a contested case; or (2) The facts u…

21 NCAC 14B .0507 CIRCUMSTANCES History Note: Authority G.S. 88-23; 150B-17; Eff. February 1, 1976; Repealed Eff. January 1, 1989.

SECTION .0600 - FEES 21 NCAC 14B .0601 COPYING CHARGES The Board may charge a fee of fifteen dollars ($15.00) for providing copies of its rules, Chapter 88 of the North Carolina General Statutes, and other public documents in its possession. History Note: Authority G.S. 12-3.1; 1…

21 NCAC 14B .0602 AMOUNT History Note: Authority G.S. 88-23; 150B-11(1); Eff. February 1, 1976; Repealed Eff. January 1, 1989.

21 NCAC 14B .0603 postage and handling There will be a five dollar ($5.00) charge for postage and handling for all mailings. History Note: Authority G.S. 12-3.1; 88B-4; 150B-19(5); Eff. December 1, 1990; Temporary Amendment Eff. December 1, 2001; Amended Eff. August 1, 2002; Purs…

21 NCAC 14B .0604 COSMETOLOGIST LICENSE FEE History Note: Filed as a Temporary Adoption Eff. August 17, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Authority G.S. 88-21; Temporary Adoption Expired.

21 NCAC 14B .0605 COSMETOLOGIST LICENSE FEE and staggered license renewal schedule (a) All cosmetology licenses expiring on and after October 1, 2013 shall pay the renewal fee of thirty-nine dollars ($39.00) as required by G.S. 88B-20 and complete 24 hours of continuing education…