North Carolina Administrative Code

21 NCAC 21 .0515 DISCIPLINARY PROCEDURE (a) Upon receipt of an investigation report and evaluation from the Board's investigator and peer review committee in accordance with Rule .0514 of this Section, the Board's Executive Director shall forward to the Chair of the Board (or to …

SECTION .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS 21 NCAC 21 .0601 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 …

21 NCAC 21 .0602 SIMPLIFICATION OF ISSUES The parties to a contested case, specifically including the Board, may agree in advance to simplify the hearing by: decreasing the number of the issues to be contested at the hearing; accepting the validity of certain proposed evidence; a…

21 NCAC 21 .0603 SUBPOENAS (a) The Board shall use the following procedure to issue a subpoena pursuant to the authority granted the Board by G.S. 150B-39: (1) Subpoenas shall be issued in duplicate, with a "Return of Service" form attached to each copy. The person serving the su…

21 NCAC 21 .0604 FINAL DECISIONS IN ADMINISTRATIVE HEARINGS (a) In all cases heard by the Board, the Board shall issue its decision after its next regularly scheduled meeting following the close of the hearing, but no later than 120 days after the close of the hearing as required…

21 NCAC 21 .0605 EXCEPTIONS AND PROPOSED DECISIONS (a) When a request for hearing has been granted and the case referred to the Office of Administrative Hearings and the administrative law judge has made a proposal for decision, each party shall do the following: (1) file written…

21 NCAC 21 .0606 ORAL ARGUMENT (a) The parties shall be notified of the date, time and place of oral argument before the Board (if held separately from an evidentiary hearing). Oral argument in all cases shall be limited to 15 minutes per presentation, unless prior approval is ob…

21 NCAC 21 .0607 EXTENSION OF TIME; NOTIFICATION OF FINAL DECISION (a) An extension of time to take any action required by these Rules may be granted by the Board after considering the following circumstances: (1) the age of the case; (2) whether the circumstances necessitating t…

SECTION .0800 - RULEMAKING PROCEDURES 21 NCAC 21 .0801 GENERAL PURPOSE History Note: Authority G.S. 150B, Article 2; Eff. February 1, 1986; Repealed Eff. April 1, 1989.

21 NCAC 21 .0802 COPIES OF RULES: INSPECTION (a) Anyone desiring to obtain a copy of the rules of the Board may do so by requesting such from the Board. The Board shall charge twenty-five cents ($0.25) per page and actual postage costs. (b) The rules of the Board and other public…

21 NCAC 21 .0803 PETITION FOR RULEMAKING HEARINGS (a) Any person wishing to submit a petition requesting the adoption, amendment, or repeal of a rule (the "proposed rule") by the Board shall file the petition with the Board. The first page of the petition shall clearly bear the n…

21 NCAC 21 .0804 DISPOSITION OF PETITIONS FOR RULEMAKING (a) The Chair may request additional information from the petitioner, may contact any interested person or persons likely to be affected by the proposed rule and request comments, and may use any other appropriate method to…

21 NCAC 21 .0807 RECORD PROCEEDINGS A record of all rulemaking proceedings will be maintained by the Board for as long as the rule is in effect, and for five years thereafter, following filing with the Office of Administrative Hearings. This record will contain: the original peti…

SECTION .0900 - DECLARATORY RULINGS 21 NCAC 21 .0901 SUBJECTS OF DECLARATORY RULINGS History Note: Authority G.S. 150B-17; Eff. February 1, 1986; Repealed Eff. April 1, 1989.

21 NCAC 21 .0902 SUBMISSION OF REQUEST FOR DECLARATORY RULING (a) All requests for declaratory rulings shall be written and filed with the Board. The first page of the request shall bear the notation: REQUEST FOR DECLARATORY RULING. The request must include the following informat…

21 NCAC 21 .0903 DISPOSITION OF REQUESTS (a) The Board's Chair shall make a determination on the completeness of the request for declaratory ruling based on the requirements of Rule .0902 of this Section, and he or she shall make a recommendation to the Board on whether to issue …

21 NCAC 21 .0904 RECORD OF DECISION A record of all declaratory ruling proceedings will be maintained in the Board's office for as long as the ruling is in effect and for five years thereafter. This record will contain: the petition, the notice, all written submissions filed in t…

SECTION .1000 - PROFESSIONAL CORPORATIONS 21 NCAC 21 .1001 PRACTICE OF GEOLOGY BY CORPORATIONS AND LIMITED LIABILITY COMPANIES (a) Application. Application for a Certificate of Registration for corporations and limited liability companies to practice geology within the State of N…

21 NCAC 21 .1002 FOREIGN CORPORATIONS AND LIMITED LIABILITY COMPANIES (a) Formation in Other States. Corporations and Limited Liability Companies formed in other states may be granted Certificates of Registration for the practice of geology in this State on the receipt by the Boa…

SECTION .1100 – PROFESSIONAL CONDUCT 21 NCAC 21 .1101 RULES OF PROFESSIONAL CONDUCT (a) Each geologist licensed by the Board and each partnership, corporation, or other legal entity authorized to offer or perform geological services in this State shall comply with these Rules of …

21 NCAC 21 .1102 RULES OF CONDUCT OF ADVERTISING (a) The geologist shall not make exaggerated, misleading, `deceptive, or false statements or claims about his or her professional qualifications, experience, or performance in his or her brochures, correspondence, listing, or other…

SECTION .0300 – DEFINITIONS 21 NCAC 22A .0301 DEFINITIONS AND INTERPRETATIONS History Note: Authority G.S. 93D-3(c); 150B-14; Eff. April 23, 1976; Amended Eff. May 1, 1988; Repealed Eff. September 1, 2013.

21 NCAC 22A .0302 BOARD History Note: Authority G.S. 93D-1; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22A .0303 LICENSE History Note: Authority G.S. 93D-3(c); 93D-5; Eff. April 23, 1976; Amended Eff. May 1, 1988; Repealed Eff. September 1, 2013.

SECTION .0400 – DEFINITIONS 21 NCAC 22A .0401 DEFINITIONS AND INTERPRETATIONS (a) The rules of statutory construction concerning number and gender as contained in G.S. 12-3(1) shall be applied in the construction of these Rules. (b) The definitions contained in the Food and Drug …

21 NCAC 22A .0402 ABBREVIATIONS The following abbreviations shall apply throughout this Chapter: (1) IHS - International Hearing Society. (2) ILE - International Licensing Examination for Hearing Healthcare Professionals. History Note: Authority G.S. 93D-3; Eff. March 1, 2018.

21 NCAC 22A .0403 FORMS (a) F1 Form – Apprentice Registration Application. An individual who seeks licensure from the Board and who is required to complete one full year of apprenticeship shall submit a F1 form when submitting an apprentice registration electronic application for…

21 NCAC 22A .0404 AFFIDAVITS (a) F1 Apprentice Registration Affidavit. An individual who seeks licensure from the Board and who is required to complete one full year of apprenticeship shall submit an F1 affidavit when submitting an apprentice registration electronic application. …

section .0500 – fees and applications 21 NCAC 22A .0501 FEE SCHEDULE The Board hereby establishes the following fees: (1) Application for registration as an apprentice $100.00 (2) Renewal of apprentice registration $150.00 (3) Application for registration of a Registered Sponsor …

21 NCAC 22A .0502 refunds Application fees shall not be refunded for any reason. History Note: Authority G.S. 93D-3(c); Eff. April 23, 1976; Amended Eff. May 1, 1988; Recodified from 21 NCAC 22F .0110 Eff. May 1, 2013; Pursuant to G.S. 150B-21.3A, rule is necessary without substa…

21 NCAC 22A .0503 SUBMISSION OF APPLICATIONS AND FEES (a) Each applicant for a license shall submit an electronic application for licensure and exam registration located on the Board's website, www.nchalb.org, each time the applicant applies to take any portion of the exam. The a…

SUBCHAPTER 22B - RULE MAKING PROCEDURES SECTION .0100 - PETITIONS FOR RULE MAKING 21 NCAC 22B .0101 PETITIONS In accordance with G.S. 150B-16, any person desiring the adoption, amendment or repeal of a rule by the Board shall submit a petition to the Board containing the followin…

SECTION .0300 - HEARINGS 21 NCAC 22B .0301 LOCATION OF HEARINGS History Note: Authority G.S. 93D-3; 150B-12; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22B .0302 COMMENTS In accordance with G.S. 150B-12 and 150B-16, the record of hearing will be open for receipt of written comments for 30 consecutive days prior to the date of the public rule making hearing. Any interested person may present written or oral comments relev…

21 NCAC 22B .0307 CONTROL OF HEARINGS The presiding officer at the hearing shall have complete control of the proceedings including the allotment of time for oral presentations. History Note: Authority G.S. 93D-3(c); 150B-12; Eff. April 23, 1976; Amended Eff. May 1, 1988; Pursuan…

SECTION .0500 - DECLARATORY RULINGS 21 NCAC 22B .0501 REQUEST FOR DECLARATORY RULING Any person affected by a statute administered by the Board or by a rule promulgated by the Board may request a declaratory ruling as to the validity of a rule or as to the applicability of a stat…

21 NCAC 22B .0502 CONTENTS OF REQUEST History Note: Authority G.S. 93D-3; 150B-17; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22B .0503 REFUSAL TO ISSUE DECLARATORY RULING In accordance with G.S. 150B-17, the Board may decline to issue a declaratory ruling if any of the following circumstances exist: (1) A declaratory ruling would be futile because circumstances have so changed since the promulg…

21 NCAC 22B .0603 FEE SCHEDULE (recodified to 21 ncac 22a .0501 May 1, 2013)

SUBCHAPTER 22C - CONTESTED CASES SECTION .0100 - GENERAL RULES 21 NCAC 22C .0101 ADMINISTRATIVE HEARING PROCEDURES History Note: Authority G.S. 93D-3(c); 150B-14; 150B-38(h); Eff. April 23, 1976; Amended Eff. May 1, 1988; Repealed Eff. January 1, 1992.

21 NCAC 22C .0102 HEARINGS History Note: Authority G.S. 93D-3; 150B-38; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22C .0903 ALLEGED BIAS OF BOARD MEMBER History Note: Authority G.S. 93D-3(c); 150B-38(h); Eff. April 23, 1976; Amended Eff. May 1, 1988; Repealed Eff. January 1, 1992.

SUBCHAPTER 22F - LICENSing PROVISIONS section .0100 - EXAMINATION 21 NCAC 22F .0101 TIME AND PLACE OF EXAMINATIONS The Board shall publicize the time and place of each qualifying examination given pursuant to G.S. 93D-8 on the Board's website at least 90 days in advance of the ex…

21 NCAC 22F .0102 PLACE OF EXAMINATIONS History Note: Authority G.S. 93D-3; 93D-8; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22F .0103 SUBMISSION OF APPLICATIONS AND FEES (recodified to 21 NCAC 22A .0503 May 1, 2013)

21 NCAC 22F .0104 QUALIFICATIONS for licensure In order to be issued a license by the Board: (1) Each applicant for licensure shall submit an application for licensure and exam registration as set forth in 21 NCAC 22A .0503; (2) Each applicant for licensure shall show to the Boar…

21 NCAC 22F .0105 EXAMINATION The exam consists of four parts: (1) Part A. This part shall assess applicant's knowledge of hearing testing through a computer simulation program; (2) Part B. This part shall assess applicant's practical knowledge and ability to make an ear impressi…

21 NCAC 22F .0106 GRADING History Note: Authority G.S. 93D-3; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22F .0107 Examination RESULTS (a) The Board office shall communicate the examination results as follows: (1) issue a written notification concerning the applicant's performance on the qualifying examination to each registered applicant by mailing exam results to the maili…

21 NCAC 22F .0108 REVIEW OF EXAMINATION (a) As set forth in G.S. 93B-8(c), each registered applicant who takes and does not pass the qualifying examination shall be granted an opportunity to review the failed portion of the examination that is in the custody and control of the Bo…