North Carolina Administrative Code

21 NCAC 14B .0606 reserved for future codification

21 NCAC 14B .0607 WAIVERS (a) Individuals who wish to request a waiver of a rule shall submit to the Board a written request which includes: (1) The rule for which a waiver is requested; (2) The reason for requesting the waiver along with supporting documents; (3) Evidence of how…

21 NCAC 14B .0608 COMPLAINTS (a) The Board shall accept any complaint alleging violation of the Cosmetic Art Act or this Chapter for investigation and disciplinary action per G.S. 88B-24. (b) The complaint shall be filed in writing with the Board. Complaints will be accepted thro…

SUBCHAPTER 14C - CONTESTED CASES SECTION .0100 - GENERAL RULES 21 NCAC 14C .0101 ADMINISTRATIVE HEARINGS Whenever the Board proposes to deny, revoke, or suspend a license, permit, certificate of registration, or letter of approval issued by it, or at any other time when it deems …

21 NCAC 14C .0102 HEARINGS History Note: Authority G.S. 88-23; 150B-23; Eff. February 1, 1976; Repealed Eff. April 1, 1988.

21 NCAC 14C .0103 PRESIDING OFFICER If no other presiding officer has been designated by the Board, or if the designated presiding officer is unavailable or disqualifies themselves, the chairman of the Board shall act as presiding officer for purposes of issuing subpoenas, orderi…

SECTION .0200 - REQUEST FOR A HEARING 21 NCAC 14C .0201 REQUEST When any person believes their rights, duties, or privileges have been affected by administrative action of the Board, they may request an administrative hearing. History Note: Authority G.S. 150B-22(b) 150B-38(h); E…

21 NCAC 14C .0202 PREREQUISITES History Note: Authority G.S. 88B-4; 150B-38(h); Eff. February 1, 1976; Amended Eff. August 1, 2000; July 1, 1993; August 1, 1988; Repealed Eff. September 1, 2011.

21 NCAC 14C .0203 WRITTEN REQUEST Any person may file a written request for an administrative hearing with the chairman of the Board at its address. History Note: Authority G.S. 88B-4; 93B-1(2); 150B-38; Eff. February 1, 1976; Amended Eff. January 1, 1989; Pursuant to G.S. 150B-2…

21 NCAC 14C .0204 CONTENTS OF REQUEST A written request for an administrative hearing shall contain the following information: (1) name and address of petitioner, (2) a concise statement of the Board action being challenged, (3) a concise statement of the way in which the petitio…

21 NCAC 14C .0205 ACKNOWLEDGEMENT Requests for administrative hearings must be acknowledged in writing by the Board within 30 days and, if the person making the request is a person aggrieved, a hearing must be scheduled within a reasonable amount of time. History Note: Authority …

SECTION .0300 - THE GRANTING OF HEARING REQUESTS 21 NCAC 14C .0301 GRANTING A HEARING History Note: Authority G.S. 88-23; 150B-2; 150B-23; Eff. February 1, 1976; Repealed Eff. August 1, 1988.

SECTION .0400 - WAIVER 21 NCAC 14C .0401 FAILURE TO NOTIFY History Note: Authority G.S. 88-23; 150B-11(1); 150B-25; Eff. February 1, 1976; Repealed Eff. January 1, 1989.

21 NCAC 14C .0402 FAILURE TO APPEAR History Note: Authority G.S. 88-23; 150B-11(1); 150B-25; Eff. February 1, 1976; Repealed Eff. January 1, 1989.

21 NCAC 14C .0503 ADDITIONAL INFORMATION ON NOTICES OF HEARINGS In addition to the items specified in G.S. 150B-38(b) to be included in the notice, notices of administrative hearings shall include the following information: (1) the name, position, address and phone number of a me…

21 NCAC 14C .0504 WRITTEN ANSWERS TO NOTICE History Note: Authority G.S. 88-23; 150B-25; Eff. February 1, 1976; Amended Eff. April 1, 1988; Repealed Eff. January 1, 1989.

SECTION .0600 - WHO SHALL HEAR CONTESTED CASES 21 NCAC 14C .0601 HEARING PANEL Administrative hearings before the Board will be heard by a majority of the Board. History Note: Authority G.S. 150B-38; 150B-40; Eff. February 1, 1976; Amended Eff. January 1, 1989; April 1, 1988; Pur…

21 NCAC 14C .0602 APPOINTMENT History Note: Authority G.S. 88-23; 150B-32; Eff. February 1, 1976; Repealed Eff. January 1, 1989.

SECTION .0800 - INTERVENTION 21 NCAC 14C .0801 INTERVENTION OF RIGHT A motion to intervene of right as provided for in the G.S. 1A-1 Rule 24, shall be granted if timely and the petitioner meets the criteria of Rule 24. Moving to intervene any time prior to the designated hearing'…

21 NCAC 14C .0802 PERMISSIVE INTERVENTION A motion to intervene permissively as provided for in G.S. 1A-1 Rule 24, shall be granted if the petitioner meets the criteria of Rule 24 and the Board determines that: (1) There is sufficient legal or factual similarity between the petit…

21 NCAC 14C .0803 DISCRETIONARY INTERVENTION Discretionary intervention shall be allowed by the Board upon a motion made before the termination of the hearing itself when the Board finds intervention would be helpful to a determination of the issues in the hearing. History Note: …

21 NCAC 14C .0804 Intervention Discretionary intervention will be allowed when: (1) The information the petitioner desires to present is relevant and not repetitious or merely cumulative; and (2) The petitioner would lend added facts to arguments of the parties. History Note: Aut…

21 NCAC 14C .0805 WRITTEN MOTION A person desiring to intervene in a contested case shall file a written motion with the chairman of the Board at the Board's address. History Note: Authority G.S. 150B-38(f); Eff. February 1, 1976; Amended Eff. January 1, 1989; April 1, 1988; Purs…

21 NCAC 14C .0806 PETITION FOR INTERVENTION History Note: Authority G.S. 88-23; 150B-23; Eff. February 1, 1976; Repealed Eff. January 1, 1989.

21 NCAC 14C .0807 ALLOWANCE If the Board decides to allow intervention, notification of that decision will be issued in writing within 30 days to all parties including the movant. In cases of discretionary intervention, such notification must include a statement of the limitation…

21 NCAC 14C .0808 DENIAL If the Board decides to deny intervention, the movant shall be notified in writing within 30 days. The notification must state the reasons for the decision and must be issued to the movant and to all parties. History Note: Authority G.S. 150B-38; Eff. Feb…

21 NCAC 14C .0903 BIAS OF BOARD MEMBER If for any reason a board member determines that personal bias or other factors would keep that member from being able to hear a contested case and perform all duties concerning the hearing in an impartial manner, that member shall submit in…

21 NCAC 14C .0904 BIAS CLAIMED BY PARTY If any party in a contested case believes that a board member is personally biased or otherwise unable to conduct the hearing and perform all duties in an impartial manner, the party may file with the Board a sworn notarized affidavit stati…

21 NCAC 14C .0905 AFFIDAVIT History Note: Authority G.S. 88-23; 150B-25; 150B-33; Eff. February 1, 1976; Repealed Eff. April 1, 1988.

21 NCAC 14C .0906 FILING AFFIDAVIT An affidavit to disqualify a board member shall be considered timely if it was filed at least ten days prior to the scheduled hearing date. Any other affidavit may be found timely provided it is filed at the first opportunity after the party bec…

21 NCAC 14C .0907 DISQUALIFICATION The remainder of the members of the Board shall decide whether to disqualify the board member being challenged by the following procedural rules: (1) The board member whose disqualification is to be determined will not participate in the decisio…

21 NCAC 14C .0908 NEW HEARING When a board member is disqualified after a hearing has begun, a new hearing shall be initiated upon request. History Note: Authority G.S. 150B-38(h); 150B-40; Eff. February 1, 1976; Amended Eff. January 1, 1989; April 1, 1988; Pursuant to G.S. 150B-…

SUBCHAPTER 14D - CONDUCT OF THE CONTESTED CASE SECTION .0100 - FAILURE TO APPEAR 21 NCAC 14D .0101 PROCEEDING WITHOUT PARTY Should a party who has been served with notice fail to appear at a scheduled hearing without having previously been granted a continuance, the Board may eit…

21 NCAC 14D .0102 ALTERNATIVES OF HEARING OFFICER History Note: Authority G.S. 88-23; 150B-25; Eff. February 1, 1976; Repealed Eff. April 1, 1988.

21 NCAC 14D .0103 CONTINUANCES A continuance shall be granted to all parties only upon showing of good cause. In determining whether to grant such motions, the Board shall consider the Guidelines for Resolving Scheduling Conflicts adopted by the State-Federal Judicial Council of …

21 NCAC 14D .0104 PETITION TO REOPEN (a) If a hearing is conducted and a decision is reached in the absence of a party, the party may petition the Board to reopen the case. Petitions will not be granted except when the petitioners show that the reason for failure to appear was un…

21 NCAC 14D .0105 CRITERIA FOR REOPENING A CASE The Board shall make a decision on whether to reopen the petitioner's case based upon the merits of the petition or other pertinent information in the Board's possession. In determining whether to grant such motions, the Board shall…

SECTION .0300 - SUBPOENAS 21 NCAC 14D .0301 AUTHORITY TO ISSUE History Note: Authority G.S. 88-23; 150B-27; Eff. February 1, 1976; Repealed Eff. April 1, 1988.

21 NCAC 14D .0302 ISSUANCE Subpoenas requiring the attendance of witnesses or to produce documents, evidence or things must be issued by the chairman of the Board or their agent within three business days of the receipt of a request from a party to a contested case. History Note:…

21 NCAC 14D .0303 SERVICE OF SUBPOENAS (a) Subpoenas shall be served in any manner provided by G.S.1A-1, Rule 45. (b) Subpoenas shall be issued in duplicate with a "Return of Service" form attached to each copy. The person serving the subpoena shall fill out the "Return of Servic…

21 NCAC 14D .0304 UNREASONABLE SUBPOENAS History Note: Authority G.S. 88-23; 150B-27; Eff. February 1, 1976; Repealed Eff. April 1, 1988.

21 NCAC 14D .0305 OBJECTIONS Any person receiving a subpoena may object by filing a written objection with the Board. History Note: Authority G.S. 150B-38(h); 150B-39(c); Eff. February 1, 1976; Amended Eff. January 1, 1989; April 1, 1988; Pursuant to G.S. 150B-21.3A, rule is nece…

21 NCAC 14D .0306 STATEMENT OF REASONS An objection to a subpoena shall include a complete statement of reasons why the subpoena should be quashed. These reasons may include lack of relevancy of the evidence requested, lack of particularity in the description of the evidence soug…

21 NCAC 14D .0307 SERVICE OF OBJECTIONS Any objections to a subpoena filed with the Board shall be simultaneously served on the party requesting the subpoena. History Note: Authority G.S. 150B-38(h); 150B-39(c); Eff. February 1, 1976; Amended Eff. January 1, 1989; Pursuant to G.S…

21 NCAC 14D .0308 RESPONSES TO OBJECTIONS The party requesting the subpoena, within 10 days of service of the subpoena may file a written response to the objection. The response shall be served in like manner as the objection. History Note: Authority G.S. 150B-38(h); 150B-39(c); …

21 NCAC 14D .0309 HEARINGS ON SUBPOENA CHALLENGES After receipt of the objection and a response thereto, if any, the hearing board panel or the presiding officer shall issue a notice of hearing to the party who requested the subpoena and the party challenging it, and may notify a…

21 NCAC 14D .0310 RULINGS Within 30 days after the close of any hearing on an objection to a subpoena, the Board will issue a written decision. Based on the evidence presented and the record, the Board may revoke or modify the subpoena for good cause, based on such issues as oppr…

SUBCHAPTER 14F – RULES AND REGULATIONS GOVERNING THE LICENSING OF BEAUTY SHOPS SECTION .0100 – RULES AND REGULATIONS GOVERNING THE LICENSING OF BEAUTY SHOPS 21 NCAC 14F .0101 APPLICATION FOR SALON LICENSE History Note: Authority G.S. 88B-14; Eff. February 1, 1976; Amended Eff. Au…

21 NCAC 14F .0106 WALLS AND DOORS History Note: Authority G.S. 88-23; Eff. February 1, 1976; Repealed Eff. April 1, 1988.

21 NCAC 14F .0110 SANITARY RULES History Note: Authority G.S. 88-23; Eff. February 1, 1976; Amended Eff. January 1, 1989; Repealed Eff. September 1, 1991.