North Carolina Administrative Code

21 NCAC 17 .0202 REQUIREMENT FOR REVIEW History Note: Authority G.S. 90-356; 90-368; Eff. February 1, 1995; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016; Repealed Eff. January 1, 2023.

21 NCAC 17 .0203 REVIEW AND BOARD ACTION History Note: Authority G.S. 90-356; 90-368; Eff. February 1, 1995; Amended Eff. December 1, 2011; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016; Repealed Eff. January 1, 2023.

SECTION .0300 - DIETETIC/NUTRITION STUDENTS OR TRAINEES 21 Ncac 17 .0301 Definitions History Note: Authority G.S. 90-356(2); 90-368(2); Eff. March 1, 1996; Repealed Eff. July 18, 2002.

21 NCAC 17 .0302 REQUIREMENTS A student or trainee under direct supervision is exempt pursuant to G.S. 90-368(2) when enrolled in a course of study or completing a documented, supervised practice experience as required under G.S. 90-357.5, not to exceed five years. The Board may …

21 NCAC 17 .0303 SUPERVISION For purposes of G.S. 90-368(2), "direct supervision" means the supervising practitioner: (1) together with the supervisee, shall identify and document: competency goals for the supervised practice experience described in G.S. 90-357.5; the supervisee'…

21 NCAC 17 .0304 RECORDS AND REPORTS (a) Permanent and current records from internships or documented, supervised practice experiences in nutrition services shall be available for review by representatives of the Board. The Board may use such records in determining compliance wit…

SECTION .0400 - UNLICENSED INDIVIDUALS 21 NCAC 17 .0401 INDIVIDUALS AIDING THE PRACTICE OF Dietetics or nutrition (a) As used in this Section, the following terms and phrases, which have not already been defined in Article 25 of Chapter 90 of the General Statutes shall have the m…

21 Ncac 17 .0402 INDIVIDUALS PROVIDING NUTRITION INFORMATION (a) The following terms and phrases shall have the meanings specified: (1) "Nutrition information" means nutrition information related to food, food materials, or dietary supplements which is designed for one or more he…

21 NCAC 17 .0403 TELEPRACTICE Any person, whether residing in this State or not, who by use of electronic or other medium performs any of the acts described as the practice of medical nutrition therapy with a client or patient located in this State, but is not licensed pursuant t…

SECTION .0500 – INVESTIGATIVE PROCESS, COMPLAINTS, AND ADMINISTRATIVE HEARINGS 21 NCAC 17 .0501 definitions As used in this Section: (1) "Good cause" related to motions or requests to continue or for additional time for responding includes: (a) death or incapacitating illness of …

21 NCAC 17 .0502 complaints (a) Anyone may complain to the Board alleging that a person, applicant, or licensee has committed an action prohibited by Article 25 of Chapter 90 of the General Statutes or the rules of the Board. (b) Complaints may be submitted to the Board by comple…

21 NCAC 17 .0503 Investigations (a) Once an investigative case is created, the Board staff, or its authorized Investigator, shall send each person who is the subject of an investigation, using the mail or electronic mail address of record in the Board's records for each person, o…

21 NCAC 17 .0504 right to Hearing When the Board acts or proposes to act, other than in rule-making or declaratory ruling proceedings, in a manner which will affect the rights, duties, or privileges of a specific, identifiable licensee or applicant for a license, such person has …

21 NCAC 17 .0505 request for hearing (a) An individual who believes that individual's rights, duties, or privileges have been affected by the Board's administrative action, but who has not received notice of a right to an administrative hearing, may file a formal request for a he…

21 NCAC 17 .0506 granting or denying hearing request (a) The Board shall grant a request for a hearing if it determines that the party requesting the hearing is a "person aggrieved" within the meaning of G.S. 150B-2(6). Whenever the Board proposes to deny, suspend, or revoke a li…

21 NCAC 17 .0507 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 contain the following information, in addition to the items specified in G.S. 150B-38(b): (1) the n…

21 NCAC 17 .0508 contested cases All administrative hearings shall be conducted by a majority of the Board as set forth in G.S. 150B-40(b) or an administrative law judge designated to hear the case pursuant to G.S. 150B-40(e). History Note: Authority G.S. 90-356; 150B-38; 150B-40…

21 NCAC 17 .0509 Informal procedures (a) Before issuing a notice of hearing, the Board may designate one or more of its members, but in all cases less than a majority of the currently serving members of the Board, to meet informally via one or more conferences with the party or p…

21 NCAC 17 .0510 informal resolution (a) Informal disposition may be made of a dispute, contested case, or an issue in a contested case by any method specified in G.S. 150B-41(c) during the hearing of a contested case. (b) All recommendations of dismissal must be approved by a ma…

21 NCAC 17 .0511 disqualification of board members (a) Self-disqualification. If for any reason a Board member determines that personal bias or other factors render that member unable to hear a contested case and perform all duties in an impartial manner, that Board member shall …

21 NCAC 17 .0512 subpoenas (a) A party shall file and serve a request for a subpoena, attaching a proposed subpoena. The Board may issue the subpoena in accordance with G.S. 150B-39(c). Issued subpoenas must be signed by the Presiding Officer, the Board's Executive Director, the …

21 NCAC 17 .0513 witnesses All testimony at the hearing shall be under oath or affirmation and shall be recorded. The presiding officer may exclude witnesses from the hearing room so that they cannot hear the testimony of other witnesses. History Note: Authority G.S. 90-356; 150B…

21 NCAC 17 .0514 final decision In a contested case, the Board shall issue a final agency decision in compliance with G.S. 150B-42. To obtain judicial review, the person seeking review must file a petition with the court in accordance with the provisions of G.S. 150B-45. History …

21 NCAC 17 .0515 Proposals for decision (a) When an administrative law judge conducts a hearing pursuant to G.S. 150B-40(e), a "proposal for decision" shall be rendered. The parties may file written exceptions to this "proposal for decision" and submit their own proposed findings…

21 NCAC 17 .0516 disciplinary costs (a) The Board may recover against a licensee or license applicant, found to be in violation of the Act or rules adopted by the Board, the following costs of disciplinary actions incurred by the Board for the investigation, prosecution, hearing,…

21 NCAC 17 .0517 Drug testing and intervention (a) When information of suspected impairment of a licensee is received by the Board, the Board shall conduct an investigation and routine inquiries to determine the validity of the report. (b) Licensees suspected of impairment may be…

21 NCAC 18A .2308 SPECIAL RESTRICTED SWIMMING POOL LICENSE History Note: Authority G.S. 87-39; 87-42; 87-43; 87-43.2; 87-43.3; 87-44; 87-48; Eff. February 1, 1983; Repealed Eff. October 1, 1988.

subchapter 18b - BOARD'S RULES FOR THE IMPLEMENTATION OF THE ELECTRICAL CONTRACTING LICENSING ACT SECTION .0100 – GENERAL PROVISIONS 21 NCAC 18B .0101 PRINCIPAL OFFICE: MAILING ADDRESS: OFFICE HOURS The principal office and mailing address of the North Carolina State Board of Exa…

21 NCAC 18B .0102 REFERENCE TO STATE BUILDING AND ELEVATOR CODES (a) Pursuant to G.S. 150B-21.6, the North Carolina State Building Code, Volume IV Electrical, and the National Electrical Code, NFPA 70, are incorporated by reference. Whenever a reference is made in this Subchapter…

21 NCAC 18B .0103 ANNUAL REPORTS Annual Reports. The Board shall make timely filing of all reports required by G.S. 93B-2. In case of the untimely filing of a report, then pursuant to G.S. 93B-2(d), the Board shall hold in escrow any fees tendered between the filing deadline and …

21 NCAC 18B .0104 AUTHORIZED LEGAL ACTION BY STAFF (a) The following members of the Board's staff are authorized to act on behalf of the Board in criminal and civil actions brought under the provisions of G.S. 87-48; (1) the Board's executive director; and (2) the Board's field r…

21 NCAC 18B .0105 BOARD RECORDS The records of the Board shall be maintained at the Board office and shall be available for public inspection, in accordance with G.S. 132, during regular office business hours. History Note: Authority G.S. 87-42; 87-47; 132-1; Eff. October 1, 1988…

21 NCAC 18B .0106 JOINT RESOLUTION AND AGREEMENTS History Note: Authority G.S. 87-39; 87-42; Eff. October 1, 1988; Repealed Eff. July 1, 2011.

21 NCAC 18B .0107 PROCESSING FEE FOR SUBMITTAL OF BAD CHECK (a) Any person, firm or corporation submitting to the Board a check which is subsequently returned to the Board because of insufficient funds in or no account at a bank shall be charged the maximum processing fee allowed…

21 NCAC 18B .0108 PETITION FOR RULE-MAKING PROCEDURES (a) Any person wishing to request the Board to adopt, amend, or repeal a rule shall file a petition with the Board pursuant to G.S. 150B-20, by mail or personal delivery. The petition shall be signed by the petitioner and shal…

21 NCAC 18B .0109 DECLARATORY RULING PROCEDURES (a) All requests for declaratory rulings shall be written and mailed to the Board at the Board's address. (b) Each request for a declaratory ruling must include the following information: (1) the name and address of the person reque…

21 NCAC 18B .0110 PRODUCTION OF PUBLIC RECORDS (a) Records of current license status shall be available without charge on the Board website, www.ncbeec.org. (b) Production of license history or verification of license of licensees or qualified individuals shall be available at a …

SECTION .0200 - EXAMINATIONS 21 NCAC 18B .0201 REQUIREMENTS FOR ALL EXAMINATION APPLICANTS (a) To take an examination in any electrical contracting license classification, the applicant shall: (1) be 18 years of age; (2) submit the required duly filed application as defined in Ru…

21 NCAC 18B .0202 EXPERIENCE (a) Primary. As used in this Chapter, primary experience means working experience gained by the applicant while engaged in the installation of electrical wiring and equipment governed by the National Electrical Code or work activities related thereto.…

21 NCAC 18B .0203 EXAMINATION SCOPE (a) General. In addition to the examination subjects specified in G.S. 87-42, qualifying examinations for each license classification shall include permit and inspection requirements, business practices and the North Carolina statutes and rules…

21 NCAC 18B .0204 EXAMINATIONS (a) All qualifying examinations administered by the Board for each license classification shall be written or computer-based examinations and shall be taken personally by the applicant after the applicant has met the requirements for examination con…

21 NCAC 18B .0209 FEES (a) The fees for qualifying applicants for examination shall be one hundred and twenty-five ($125.00) for all classifications. (b) The fee for review of a failed examination is twenty-five dollars ($25.00). All reviews shall be supervised by the Board or st…

21 NCAC 18B .0210 APPLICATIONS DULY FILED Examinations applications are considered as duly filed when the applicant has filed an application with the Board, on a form provided by the Board, together with the examination fee as prescribed in Rule .0209 of this Section and informat…

21 NCAC 18B .0211 WAITING PERIOD BETWEEN EXAMINATIONS (a) A person who fails a qualifying examination shall not be eligible to take another examination in the same classification until three months after the date of the failed examination. (b) A person shall be considered a new a…

21 NCAC 18B .0212 APPrentice training Applicants for examination or license based upon apprentice training pursuant to G.S. 93B-8.6 shall receive credit for the apprenticeship experience consistent with all applicants as set forth in Rule 21 NCAC 18B. 0202(b)(1) or 21 NCAC 18B .0…

21 NCAC 18B .0213 Alternative examination (a) In the alternative to the qualifying examinations administered by the Board for any license classification, an applicant may submit an Alternative Test Application form from the Board's website. The alternative application submission …

SECTION .0300 - DEFINITIONS AND EXPLANATIONS OF TERMS APPLICABLE TO LICENSING 21 NCAC 18B .0301 LISTED QUALIFIED INDIVIDUAL A listed qualified individual cannot be "regularly on active duty", as the term is used in G.S. 87-43, during the hours when he has committed himself to wor…

21 NCAC 18B .0302 DRAWINGS Pursuant to an agreement between the Board and the North Carolina State Board for Professional Engineers and Land Surveyors, the following definitions and procedures shall apply to drawings: (1) Design Drawing. A design drawing indicates the total resul…

21 NCAC 18B .0303 ELECTRICAL INSTALLATION: PROJECT: PROJECT VALUE-LIMITATION For the purpose of implementing G.S. 87-43.3 pertaining to the limited and intermediate electrical contracting license classifications, the following provisions shall apply: (1) Electrical Installation. …

21 NCAC 18B .0304 POINT OF DELIVERY AND RELATED TERMS (a) "Point of delivery" and other terms related thereto are defined as follows: (1) Consumer's Premises. A "consumer's premises" is any publicly or privately owned building, structure, land or facility to which electric energy…