North Carolina Administrative Code

21 NCAC 20 .0106 REGISTRATION FEES Fees sent to the Board for any segment of the registration process shall be payable to the Secretary, Board of Registration for Foresters. The application fee for registration is fifty dollars ($50.00), which shall be submitted by the applicant …

21 NCAC 20 .0107 INCOMPLETE APPLICATIONS Any application for registration which is not complete within 12 months of the date of application shall be declared null and void and the application fee retained. History Note: Authority G.S. 89B-6; Eff. February 1, 1976; Amended Eff. Ma…

21 NCAC 20 .0108 DELINQUENT FEES The Board shall notify by mail or email all foresters registered by the Board for the previous year when they become 30 days in arrears in payment of renewal fees for the ensuing year. The notifications shall remind the delinquents of the required…

21 NCAC 20 .0111 REGISTRATION CERTIFICATE (a) Registrations issued to successful applicants will be given consecutive individual numbers. Once issued to a registrant, a number will not be assigned again. (b) A revoked, expired or invalid registration shall not be displayed in any…

21 NCAC 20 .0112 REGISTRATION REPLACEMENTS History Note: Authority G.S. 89B-6; 89B-11; Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule Expired January 1, 2015.

21 NCAC 20 .0113 REJECTIONS A person whose application for registration has been rejected shall be notified of the fact and of the basis for rejection. The applicant will be provided every opportunity to submit additional evidence and references for further consideration by the B…

21 NCAC 20 .0114 RE-REGISTRATION Re-registration and renewals, including late renewals, shall be handled by the Board in accordance with G.S. 89B-11. History Note: Authority G.S. 89B-6; 89B-10; 89B-11; Eff. February 1, 1976; Amended Eff. November 1, 1993; February 1, 1990; May 1,…

21 NCAC 20 .0115 CODE OF ETHICS In their signed affidavits, all applicants shall indicate their agreement to adhere to the following Code of Ethics. The code shall be used by the Board to help govern its decisions in adjudicating flagrant misconduct in the practice of forestry un…

21 NCAC 20 .0116 REVOCATION OR SUSPENSION (a) The registration of any registered forester may be revoked or suspended by the Board for conduct found to violate the code of ethics adopted under Rule .0115 of this Chapter or G.S. 89B-13. (b) Before any such Board action, the regist…

21 NCAC 20 .0117 RECIPROCITY (a) For residents of North Carolina, within one year of establishing residency for voting purposes in North Carolina, individuals who are legally registered or licensed as foresters in another state, shall submit evidence of such registration or licen…

21 NCAC 20 .0118 REGISTERED FORESTERS (a) Persons registered as foresters under G.S. 89B are encouraged to insert the abbreviation R.F. (meaning registered forester) after their signatures. (b) The authorized forms are: (1) for signatures only: (Name) R.F. official title (2) for …

21 NCAC 20 .0119 AMENDMENTS History Note: Authority G.S. 89B-6; 150A-5; Eff. February 1, 1976; Amended Eff. February 1, 1985; Repealed Eff. May 1, 1989.

21 NCAC 20 .0120 CERTIFICATION OF CONSULTING FORESTERS Each registered forester who practices as a consulting forester shall file an affidavit with the Board each year by June 30, utilizing the proper form supplied by the Board. History Note: Authority G.S. 89B-2; 89B-6; Eff. Nov…

21 NCAC 20 .0121 REJECTION OF CONSULTANT AFFIDAVIT Any applicant whose application to be certified as a consulting forester is rejected by the Board shall be notified of the rejection and the basis for it. The applicant may request reconsideration by the Board and submit addition…

21 NCAC 20 .0122 HANDLING OF COMPLAINTS (a) The Board, upon receipt of a notarized letter identifying specific complaints of gross negligence, fraud, deceit or flagrant misconduct in the practice of forestry or incompetence by a registered forester, shall follow-up by written cor…

21 NCAC 20 .0123 CONTINUING EDUCATION (a) All registered foresters shall attend continuing education courses annually to maintain their registration. Ten CFE (Continuing Forestry Education) credits approved by the Society of American Foresters are required each year, except as ou…

21 NCAC 20 .0124 COMPLIANCE WITH ANNUAL REPORTS REQUIReMENTS 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 re-new licenses and all fees tendered shall be placed in the escrow account maintained by the…

21 NCAC 20 .0125 PETITION FOR RULE-MAKING (a) Any person may petition the State Board of Registration for Foresters (NCBRF) to adopt a new rule, or amend or repeal an existing rule by submitting a rule-making petition to NCBRF. The petition must be titled "Petition for Rulemaking…

21 NCAC 20 .0126 DECLARATORY RULINGS: AVAILABILITY Declaratory rulings pursuant to G.S. 150B-4 shall be issued by the State Board of Registration for Foresters (NCBRF) upon request only on the validity of a rule of the State NCBRF or on the applicability of a rule or order of the…

SECTION .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS 21 NCAC 21 .0101 AUTHORITY, NAME AND LOCATION OF BOARD The North Carolina Board for Licensing of Geologists (the "Board") is governed by Chapter 89E of the General Statutes of North Carolina. Unless otherwise directed, all c…

21 NCAC 21 .0102 PURPOSE OF THE ACT History Note: Authority G.S. 89E-2; Eff. February 1, 1986; Repealed Eff. April 1, 1989.

21 NCAC 21 .0103 ORGANIZATION OF THE BOARD (a) Meetings shall be open and public except that the Board may meet in closed sessions to prepare, approve, administer, or grade examinations; to deliberate the qualifications of an applicant for license; or to deliberate on the disposi…

21 NCAC 21 .0104 DUTIES OF OFFICERS (a) Board Chair: (1) The Chair shall preside at all meetings when present, appoint all committees, sign all certificates issued, and perform all other duties pertaining to his office. (2) The Chair, together with the Board Counsel and Board Exe…

21 NCAC 21 .0105 SEAL OF BOARD The seal shall have the words "North Carolina Board for Licensing of Geologists" and the secretary-treasurer shall have charge, care and custody thereof. History Note: Authority G.S. 89E-5; Eff. February 1, 1986; Amended Eff. April 1, 1989; Pursuant…

21 NCAC 21 .0106 FORMS History Note: Authority G.S. 55B-2(6); 55B-10; 89E-8; 89E-10; 89E-11; 89E-12; Eff. February 1, 1986; Amended Eff. January 1, 1992; April 1, 1989; March 1, 1988; Repealed Eff. May 1, 2003.

21 NCAC 21 .0107 FEES (a) Completed application forms must be accompanied by the prescribed fee. Application fees shall not be refunded regardless of Board approval or disapproval of the application. Fees shall be: (1) Application for license $ 55.00 (2) Application for registrat…

SECTION .0200 - RECORDS AND REPORTS OF BOARD: RETENTION AND DISPOSITION 21 NCAC 21 .0201 RECORDS OF BOARD PROCEEDINGS History Note: Authority G.S. 89E-14(a); Eff. February 1, 1986; Repealed Eff. April 1, 1989.

21 NCAC 21 .0202 RECORDS OF APPLICATIONS All records of applications for registration shall be retained by the Board. History Note: Authority G.S. 89E-14; Eff. February 1, 1986; Amended Eff. April 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public …

21 NCAC 21 .0203 ROSTER OF LICENSED GEOLOGISTS Every individual licensee has the continuing responsibility of keeping the Board currently advised of the licensee's proper and current mailing address and the name or names under which the licensee is practicing. Each licensee shall…

21 NCAC 21 .0204 APPLICABILITY OF BOARD RULES History Note: Authority G.S. 89E-5(h); Eff. February 1, 1986; Repealed Eff. April 1, 1989.

SECTION .0300 - LICENSING OF GEOLOGISTS 21 NCAC 21 .0301 REQUIREMENTS FOR LICENSING (a) Education. In determining whether an applicant meets the education requirements of the Geologists Licensing Act, the Board shall accept transcripts from colleges and universities that are accr…

21 NCAC 21 .0302 APPLICATION PROCEDURE (a) All applicants for licensing shall furnish the following with their applications: (1) an official copy of their college transcript and verification of graduation sent directly from the institution to the Board; (2) verification of experi…

21 NCAC 21 .0303 Inactive Status (a) The board shall grant inactive status to a licensee if: (1) the licensee submits a letter in writing to the Board before the current license has expired, requesting inactive status; and (2) at the time the letter request is submitted, the lice…

21 NCAC 21 .0403 INTRODUCTION Beginning July 1, 2017 and before July 1, 2018, each person holding an active geology license shall complete 12 hours of continuing professional education relating to geology as a condition for licensure renewal. History Note: Authority G.S. 89E-4; 8…

21 NCAC 21 .0404 REQUIREMENTS (a) Each application for renewal shall include information, attested to by the licensee under penalty of perjury on a form provided by the Board and available on the Board's website, establishing that the licensee has completed the minimum required c…

21 NCAC 21 .0405 DETERMINATION OF CREDIT (a) The Board shall review all information provided by the licensee on the form required by Rule .0404(a) of this Section as part of the annual license renewal. The Board may request additional information from the licensee as required to …

21 NCAC 21 .0406 RECORDKEEPING (a) Records substantiating Board-approved continuing education activities shall include the following: (1) a log that shows the type of activity claimed; title or specific subject; the name of the organization that provided the continuing education;…

21 NCAC 21 .0407 EXEMPTIONS A licensee is exempt from the annual continuing education requirements as long as any of the following exceptions apply: (1) New licensees by way of examination shall be required to show proof of 12 hours of continuing education when his or her geology…

SECTION .0500 – DISCIPLINARY ACTION AND PROCEDURE 21 NCAC 21 .0501 FILING OF CHARGES AND DISCIPLINARY ACTIONS (a) Any person may file a complaint with the Board against a geologist for disciplinary action based on a violation of G.S. 89E or of these Rules on a form provided by th…

21 NCAC 21 .0502 REPRIMAND (a) If evidence of a violation is found, but it is determined that a disciplinary hearing is not warranted, the Board may issue a reprimand to the accused party. A record of such reprimand shall be mailed to the accused party, and within 15 days after r…

21 NCAC 21 .0505 RIGHT TO HEARING When the Board initiates a disciplinary action that affects or may affect a licensee pursuant to Sections .0500 and .0600 of this Chapter, the Board shall give, by certified mail to each affected licensee at his or her last known address, a notic…

21 NCAC 21 .0506 REQUEST FOR HEARING (a) When an individual believes his or her rights, duties, or privileges have been or may be affected by the Board's administrative action, but has not received notice of a right to an administrative hearing, he or she may file a request for a…

21 NCAC 21 .0507 GRANTING OR DENYING HEARING REQUESTS (a) The Board will 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). (b) The denial of a request for a hearing will be issued imm…

21 NCAC 21 .0508 NOTICE OF HEARING (a) In addition to the items specified in General Statutes 150B-38(b) to be included in the notice, notices of administrative hearings of the Board: (1) shall give the name, position, address and telephone number of a person in the Board office …

21 NCAC 21 .0509 NO EX PARTE COMMUNICATIONS History Note: Authority G.S. 89E-20; 150B-35; Eff. February 1, 1986; Repealed Eff. April 1, 1989.

21 NCAC 21 .0510 PETITION FOR INTERVENTION (a) A person desiring to intervene in a contested case must file a written petition with the Board. The request should bear the notation: RE PETITION TO INTERVENE IN THE CASE OF (name of case). (b) The petition must contain the informati…

21 NCAC 21 .0511 TYPES OF INTERVENTION The Board shall allow intervention as provided by Rule 24 of the North Carolina Rules of Civil Procedure. History Note: Authority G.S. 89E-20; 150B-38; Eff. February 1, 1986; Amended Eff. April 1, 1989; Pursuant to G.S. 150B-21.3A, rule is n…

21 NCAC 21 .0512 HEARING OFFICERS: DESIGNATION: POWERS History Note: Authority G.S. 89E-20; 150B-32; 150B-33; Eff. February 1, 1986; Repealed Eff. April 1, 1989.

21 NCAC 21 .0513 DISQUALIFICATION OF BOARD MEMBERS (a) Self-disqualification. If for any reason a Board member determines that personal bias or other factors render him or her unable to participate in a contested case hearing and perform all duties in an impartial manner, he or s…

21 NCAC 21 .0514 INVESTIGATION (a) Complaints received by the Board which are determined to be within the jurisdiction of the Board following review by the Board Chair, the Executive Director, and the Board's Counsel and to provide the information required by Rule .0501 of this S…