North Carolina Administrative Code

SUBCHAPTER 22L – ADMINISTRATIVE HEARINGS AND DISCIPLINE 21 NCAC 22L .0101 COMMITTEE ON INVESTIGATIONS (a) The Board President shall appoint two Board members for a standing Committee on Investigations. The Committee on Investigations shall investigate complaints submitted to the …

21 NCAC 22L .0102 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 person, such person has the right to an administrati…

21 NCAC 22L .0103 REQUEST FOR HEARING (a) An individual who cannot resolve a matter with the Board related to rights, duties, or privileges that have been affected by the Board's administrative action may file a formal request for a hearing. (b) The request shall bear the notatio…

21 NCAC 22L .0104 GRANTING OR DENYING HEARING REQUESTS (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). (b) Approval of a request for a hearing will be signified …

21 NCAC 22L .0105 NOTICE OF HEARING (a) The Board shall serve the party or parties in a contested case a notice of hearing not less than 30 days before the hearing. The notice shall include: (1) A statement of the date, hour, place, and nature of the hearing; (2) A reference to t…

21 NCAC 22L .0106 PRESIDING OFFICER For each contested case, the Board shall designate one or more of its members as the presiding officer, unless the majority of the Board elects to apply to the Office of Administrative Hearings for the designation of an administrative law judge…

21 NCAC 22L .0107 PETITION FOR INTERVENTION (a) A person desiring to intervene in a contested case must file a written petition with the Board's office. The request must bear the notation: PETITION TO INTERVENE IN THE CASE OF (Name of Case). (b) The petition must include the foll…

21 NCAC 22L .0108 TYPES OF INTERVENTION (a) Intervention of Right. A petition to intervene as of right, as provided in the North Carolina Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the criteria of that rule and the petition is timely. (b) Permissiv…

21 NCAC 22L .0109 INFORMAL PROCEDURES (a) The presiding officer may direct the parties to conduct an informal pre-hearing conference, or the parties may request such a conference, which shall be scheduled at a time and place agreed upon by the parties. If the parties do not agree…

21 NCAC 22L .0110 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 perform all duties in an impartial manner, that Board member shall voluntarily decline to pa…

21 NCAC 22L .0111 FAILURE TO APPEAR (a) Continuances and adjournments shall be granted at the discretion of the presiding officer. (b) If a party fails to appear at a hearing after proper notice, the presiding officer shall determine whether to continue the hearing or proceed wit…

21 NCAC 22L .0112 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 or transcribed. At the request of a party or upon the Board's own moti…

21 NCAC 22L .0113 SUBPOENAS (a) A party in a contested case may request a subpoena. The request shall: (1) be made in writing to the Board; (2) include a particularized description of any books, papers, records or objects the recipient shall produce pursuant to the subpoena; (3) …

21 NCAC 22L .0114 FINAL DECISION History Note: Authority G.S. 93D-3; 150B-38; 150B-39; Eff. January 1, 1992; Repealed Eff. March 1, 1996.

21 NCAC 22L .0115 PROPOSALS FOR DECISIONS AND FINAL DECISION (a) When the Board conducts the contested case hearing, the Board shall render a final agency decision within 60 days after the hearing if no transcript is requested by the Board or either party, or within 45 days after…

21 NCAC 22L .0116 PUBLICATION OF DISCIPLINARY ACTIONS (a) Formal disciplinary actions imposed by the Board shall be published on the Board's website (www.nchalb.org) within 60 days of the final agency decision as follows: (1) Notice of a suspension of license or registration shal…

CHAPTER 23 – IRRIGATION CONTRACTORS' LICENSING BOARD SECTION .0100 – LICENSING 21 NCAC 23 .0101 DEFINITIONS As used in this Chapter: (1) "Direct supervision" means an individual licensed contractor having personal responsibility for and control over all aspects of irrigation work…

21 NCAC 23 .0102 SURETY BONDS AND LEGAL STATUS (a) For purposes of this Section a corporate entity is a person as defined in G.S. 89G-1(5) who engages in irrigation contracting, other than natural persons. A natural person licensed by the Board shall post a surety bond or irrevoc…

21 NCAC 23 .0103 LICENSING (a) Individual applicants for an irrigation contractor's license who can document to the Board's satisfaction that, during the entirety of the period from January 1 to June 29, 2009, the applicant was serving on active duty in the Armed Forces of the Un…

21 NCAC 23 .0104 CONTINUING EDUCATION (a) Continuing Education (CEU) credit shall not be obtained for the same course more frequently than once every three years. (b) Each individual licensee must earn ten hours of approved continuing education each calendar year. The 10 hours sh…

SECTION .0200 - HEARING RULES OF THE NORTH CAROLINA IRRIGATION CONTRACTORS LICENSING BOARD 21 NCAC 23 .0201 NOTICE OF HEARING: ANSWER (a) The contents and manner of service of notice of hearing in a contested case shall be as prescribed in G.S. 150B-38(b) and (c). (b) Any party w…

21 NCAC 23 .0202 RIGHT TO HEARING (a) Contested Cases. Disciplinary proceedings to enforce the provisions of G.S. 89G and 21 NCAC 23 are deemed to be "contested cases" within the meaning of G.S. 150B-2, and any person subject to such proceedings shall be given notice and the oppo…

21 NCAC 23 .0203 LOCATION OF HEARING The location of the hearing in a contested case shall be as prescribed in G.S. 150B-38(e). History Note: Authority G.S. 89G-5; 150B-38; Eff. July 1, 2011; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. …

21 NCAC 23 .0204 INTERVENTION; DISCOVERY (a) The intervention of persons not initially parties to a contested case is governed by G.S. 150B-38(f). Petitions or motions to intervene must be in writing. The Board shall determine whether to grant or deny intervention and shall so no…

21 NCAC 23 .0205 SUBPOENAS The authority of the Board to issue or revoke subpoenas in preparation for, or in the conduct of, contested cases is governed by G.S. 150B-39. If a subpoena is issued at the request of a party and not on the Board's own motion, that party shall bear the…

21 NCAC 23 .0206 CONDUCT OF HEARING (a) Hearings in contested cases shall be conducted by a majority of the Board or referred to the Office of Administrative Hearings pursuant to G.S. 150B-40(e). (b) Disqualification. An affidavit seeking disqualification of any Board member, if …

21 NCAC 23 .0207 DECISION OF BOARD (a) The form and content of the Board's decision in a contested case shall be as prescribed by G.S. 150B-42(a), and its decision shall be served upon the parties in a manner consistent with that statute. (b) At the conclusion of the hearing and …

21 NCAC 23 .0208 COMPLAINT PROCESS (a) An individual who wishes to make a complaint alleging violation of G.S. 89G or the Board's rules shall submit a complaint form online through the Board's website (http://www.nciclb.org ) or by printing the form from the Board's website and m…

SECTION .0300 - IRRIGATION RECORD DRAWING MINIMUM STANDARDS 21 NCAC 23 .0301 IRRIGATION RECORD DRAWING (a) All irrigation record drawings shall: (1) be drawn to portray the site; (2) be legible and reproducible; (3) include the surrounding development (e.g. building edges, walks,…

SECTION .0400 - IRRIGATION DESIGN MINIMUM STANDARDS 21 NCAC 23 .0401 SYSTEM DESIGN OBJECTIVES AND REQUIREMENTS (a) An irrigation contractor shall design an irrigation system so that it uniformly distributes water. (b) When designing an irrigation system, an irrigation contractor …

21 NCAC 23 .0402 PIPING (a) The following rules of maximum safe flow rate apply to irrigation systems connected to municipal and community water suppliers, with the lowest safe flow rate prevailing as the design minimum standard: (1) The maximum allowable pressure loss through th…

21 NCAC 23 .0403 WATER SOURCE (a) A water source shall meet peak demands for landscape water with an irrigation duration that is within the site's operational tolerances when the site is functioning at its most intense use. (b) An irrigation duration shall meet the user needs of …

21 NCAC 23 .0404 WATER PRESSURE (a) For systems on a municipal or community water supply, an irrigation contractor shall provide allowances in the design for a reduction in static pressure of up to 10 pounds per square inch (psi) to accommodate possible loss of pressure in the su…

21 NCAC 23 .0405 MICROIRRIGATION For zones with microirrigation, when designing an irrigation system, an irrigation contractor shall: (1) provide a means of filtration at the master valve to remove particulate matter; (2) use separate microirrigation zones where differing plant w…

21 NCAC 23 .0406 COMPONENTS AND ZONE DESIGN When designing an irrigation system, an irrigation contractor shall: (1) Design the layout of heads and other emission devices to reduce evaporation loss, reduce surface run-off, and limit overspray across or onto a street, public drive…

21 NCAC 23 .0407 IRRIGATION SYSTEM DISCLOSURE CHECKLIST The installer shall use a system checklist that includes enough information for the client or end-user to understand the scope of work, including types of equipment, coverage standards and warranty. History Note: Authority G…

SECTION .0500 - Irrigation System Installation MINIMUM Standards 21 NCAC 23 .0501 General REQUIREMENTS (a) When an irrigation contractor determines that a design provided by others does not meet the minimum standards set forth by the rules of this Chapter or local requirements, t…

21 NCAC 23 .0502 SITE CONSIDERATIONS (a) An irrigation contractor shall confirm all property corners and lines that will determine the borders of landscaped or irrigated areas, including any right of way (local, state or federal). (b) The irrigation contractor shall comply with t…

21 NCAC 23 .0503 WATER SUPPLY (a) Before commencing installation, an irrigation contractor shall verify that the point of connection, water supply, flow rate, and static and dynamic pressures meet design criteria. (b) All new irrigation systems that have a pressurized water suppl…

21 NCAC 23 .0504 SYSTEM LAYOUT (a) An irrigation contractor shall install the irrigation system's components according to the design specifications and manufacturer's performance standards. (b) Microirrigation devices shall be installed at a spacing to meet the maximum irrigation…

21 NCAC 23 .0505 TRENCHING AND PIPING (a) All portions of an irrigation system that do not meet the standards in this Rule shall be noted on the record drawing. (b) An irrigation contractor shall install an irrigation system without trenching across the established root systems o…

21 NCAC 23 .0506 ELECTRICAL (a) This Rule applies to irrigation control wiring where the installation, construction, maintenance, or repair of devices is exempt from the requirement of licensure as an electrical contractor pursuant to G.S. 87-43.1 and 21 NCAC 18B .0805. (b) Under…

21 NCAC 23 .0507 Grounding (a) This Rule applies to irrigation control wiring and components where the installation, construction, maintenance, or repair of devices exempt from the requirement of licensure as an electrical contractor pursuant to G.S. 87-43.1 and 21 NCAC 18B .0805…

21 NCAC 23 .0508 SPRINKLERS (a) An irrigation contractor shall select sprinklers such that the operating pressure at each sprinkler location is within the range published by the manufacturer of the sprinkler nozzles. (b) Sprinklers shall be set perpendicular to the grade. In turf…

21 NCAC 23 .0509 CONTROLLER All automatically controlled irrigation systems shall include sensor or other technology designed to inhibit or interrupt operation of the irrigation system during periods of either adequate soil moisture or rainfall. Rain or moisture shutoff technolog…

21 NCAC 23 .0510 INITIAL SYSTEM START UP (a) An irrigation contractor shall perform a post installation inspection to verify that the system operates as designed by: (1) flushing the system; (2) checking the static water pressure at the point of connection; (3) checking the opera…

21 NCAC 23 .0511 OWNER'S MANUAL (a) A permanent sticker that contains the irrigation contractor's name, license number, company name and telephone number, and date of completion of the installation shall be affixed to each automatic controller installed by an irrigation contracto…

section .0600 - Irrigation System Management for Water Efficiency Standards 21 NCAC 23 .0601 PURPOSE The rules in this Section shall apply to irrigation contractors who are hired to maintain an existing irrigation system. History Note: Authority G.S. 89G-5; Eff. July 1, 2011; Pur…

21 NCAC 23 .0602 BASIC SYSTEM MAINTENANCE PRACTICES (a) An irrigation contractor shall establish a systematic maintenance schedule for inspecting, testing, and reporting the performance conditions of the irrigation system to the owner. (b) An irrigation contractor shall inform th…

21 NCAC 23 .0603 SCHEDULING (a) An irrigation contractor shall recommend to the owner or his representative that: (1) the owner adjust the irrigation schedule and automatic controller to respond to the changing water requirements of the landscape; (2) the owner inspect irrigation…