North Carolina Administrative Code

21 NCAC 28B .0802 HEARINGS (a) Contested case hearings shall be conducted by a majority of the Board unless the Board requests the designation of an administrative law judge pursuant to G.S. 150B-40(e). The Board chairman shall serve as the presiding officer unless he or she is a…

21 NCAC 28B .0803 Subpoenas (a) Pursuant to G.S. 150B-39, the Board may issue subpoenas for the appearance of witnesses or the production of documents or information, either at the hearing or for the purposes of discovery. (b) After a notice of hearing in a contested case has bee…

21 NCAC 28B .0804 Summary Suspension (a) The Board may summarily suspend a license in accordance with G.S. 150B-3(c). (b) Upon the issuance of an order summarily suspending a license, the Board shall schedule a hearing to occur at the earliest practicable date. The order of summa…

SECTION .0900 – RULEMAKING 21 NCAC 28B .0901 RULEMAKING PETITION (a) Any person may petition the Board to adopt a rule by submitting to the Board a written request that shall include the following: (1) Petitioner's contact information including phone number and email address; (2)…

SECTION 0200 - EXAMINATION 21 NCAC 29 .0201 EXAMINATION FEE (a) The Board shall charge the examination fee as follows: (1) Two hundred dollars ($200.00) for first time test takers; (2) Fifty dollars ($50.00) for second time applicants who fail to pass pursuant to 21 NCAC 29 .0203…

21 NCAC 29 .0202 APPLICATION REQUIREMENTS Applicants must register for an examination on the form prescribed by the Board. The application must be submitted to the Board's office at least 15 days before the requested examination date. History Note: Authority G.S. 74F-6; 74F-7; Te…

21 NCAC 29 .0203 MINIMUM PASSING SCORE The passing score for the Locksmith Licensing Examination shall be 70 percent. History Note: Authority G.S. 74F-6; 74F-7; Temporary Adoption Eff. November 13, 2002; Eff. August 1, 2004; Pursuant to G.S. 150B-21.3A, rule is necessary without …

21 NCAC 29 .0204 REQUIREMENTS OF EXAMINEES (a) Applicants at an examination session shall present a photo ID to the examination proctor before the beginning of the examination session. (b) The applicant shall not bring books, calculators, or other items that may compromise the ex…

21 NCAC 29 .0205 FAILURE TO ATTEND SCHEDULED EXAMINATION SESSION Applicants who fail to appear for a scheduled examination session without prior notification to the Board shall forfeit their examination fee and shall submit a new examination fee pursuant to 21 NCAC 29 .0201(a)(1)…

21 NCAC 29 .0206 SPECIAL ADMINISTRATION Applicants with disabilities as defined by the Americans with Disabilities Act of 1990 (ADA), which is hereby incorporated by reference, including subsequent amendments and editions, available at no cost at www.ada.gov, and documented by a …

SECTION .0300 – DEFINITIONS AND EXPLANATIONS (RESERVED) 21 NCAC 29 .0301 RESERVED

SECTION .0400 - LICENSING REQUIREMENTS 21 NCAC 29 .0401 APPLICATION FORM (a) All applications for licensure shall be submitted on the form found on the Board website for this purpose. The application shall request the applicant's name, address, and contact information. (b) Applic…

21 NCAC 29 .0402 ESTABLISHMENT OF MORAL AND ETHICAL CHARACTER (a) Falsification or concealment of facts relating to employment, military service, criminal conviction, court-martial, or age shall be grounds for license denial, revocation, or suspension. (b) Applicants with crimina…

21 NCAC 29 .0403 COMPLETION OF EXAMINATION An application for licensure shall not be considered by the Board until the results of the applicant's Board-administered examination are determined and available to the Board. History Note: Authority G.S. 74F-6; 74F-7; Temporary Adoptio…

21 NCAC 29 .0404 FEES The license issuance fee shall be three hundred dollars ($300.00). The license issuance fee shall accompany the application for licensure. Replacement licenses shall be available upon written request and the fee for issuance of a replacement license shall be…

21 NCAC 29 .0405 EXEMPTION FROM EXAMINATION History Note: Authority G.S. 74F-6; Temporary Adoption Eff. August 13, 2002; Eff. August 1, 2004; Repealed Eff. April 1, 2012.

SECTION .0500 - CODE OF ETHICS 21 NCAC 29 .0501 OBLIGATION OF LICENSED LOCKSMITHS (a) By applying for and accepting a license issued by the Board, all licensees become obligated to comply with the provisions of this Section. Failure to comply may result in disciplinary action by …

21 NCAC 29 .0502 FAIR BUSINESS PRACTICES (a) Locksmiths shall conduct all business in compliance with all applicable local, State, and federal laws. (b) Locksmiths shall analyze security problems and advance the best practicable solution for the protection of the client. (c) Lock…

21 NCAC 29 .0503 PROTECTION OF THE PUBLIC INTEREST (a) Locksmiths shall refrain from allowing their specialized skills, knowledge, or access to tools and information to be used in a manner that puts the safety and security of the public at risk. (b) Locksmiths shall reserve the r…

21 NCAC 29 .0504 TECHNICAL INTEGRITY (a) Locksmiths shall service and install security devices at the highest level of security afforded by the manufacturer of the product. (b) Locksmiths shall inform clients of the dangers of introducing new keys into a master keyed system witho…

SECTION .0600 - ADMINISTRATIVE LAW PROCEDURES 21 ncac 29 .0601 PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES (a) Any person may petition the Board under G.S. 150B-20 to adopt a new rule or to amend or repeal an existing rule by sending a written petition for rulemaking to …

21 ncac 29 .0602 DECLARATORY RULINGS (a) A person seeking a declaratory ruling from the Board under G.S. 150B-4 shall file a petition for a declaratory ruling that meets the requirements of this Rule. (b) All petitions for declaratory rulings shall be in writing and shall be sent…

21 NCAC 29 .0603 RIGHT TO HEARING History Note: Authority G.S. 74F-6; 150B-11; 150B-38; Temporary Adoption Eff. May 28, 2003; RRC Objection due to lack of necessity on April 15, 2004.

21 NCAC 29 .0607 WHO SHALL HEAR CONTESTED CASES History Note: Authority G.S. 74F-6; 150B-11; 150B-38; 150B-40; Temporary Adoption Eff. May 28, 2003; RRC Objection due to lack of necessity on April 15, 2004.

21 NCAC 29 .0611 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 29 .0612 FAILURE TO APPEAR History Note: Authority G.S. 74F-6; 150B-11; 150B-38; 150B-40; Temporary Adoption Eff. May 28, 2003; RRC Objection due to lack of necessity on April 15, 2004.

21 NCAC 29 .0613 SUBPOENAS (a) Requests for subpoenas for the attendance and testimony of witnesses or for the production of documents, either at a hearing or for the purposes of discovery, shall be made in writing to the Board and shall identify any document sought with specific…

21 NCAC 29 .0614 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 the request of a party or upon the Board's own motion, the presidin…

21 NCAC 29 .0615 FINAL DECISION History Note: Authority G.S.74F-6; 150B-38; 150B-42; Temporary Adoption Eff. May 28, 2003; Eff. March 1, 2004; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016; Expired Eff. May 1, 2025 pursua…

21 NCAC 29 .0616 PROPOSALS FOR DECISIONS (a) When an administrative law judge conducts a hearing pursuant to G.S. 150B-40(e), a "proposal for decision" shall be rendered within 45 days of the hearing pursuant to the Rules of the Office of Administrative Hearings, 26 NCAC 03 .0127…

SECTION .0700 – LICENSE RENEWAL REQUIREMENTS 21 NCAC 29 .0701 Application Form All applications for license renewal shall be submitted on the form provided by the Board for this purpose and shall be accompanied by the following items: (1) two frontal photos of the applicant's fac…

21 NCAC 29 .0702 DUE DATE (a) Applications for license renewal shall be submitted prior to the date of license expiration. (b) Licensees who submit their applications for renewal after the date on which the license expires, but within twelve months, thereafter shall pay a late fe…

21 NCAC 29 .0703 REINSTATEMENT OF EXPIRED LICENSE Licenses that have been expired for more than one year are eligible for reinstatement pursuant to Rule .0701 of this Section. A licensee with an expired license may apply for reinstatement only if he or she has completed at least …

21 NCAC 29 .0704 Establishment of Moral and Ethical Character (a) The Board shall apply the same standards specified in Rule .0402 of this Chapter to determine each licensee's fitness for license renewal or reinstatement. (b) Applicants must disclose all criminal convictions not …

section .0800 – continuing education 21 NCAC 29 .0801 Definitions The following definition shall apply to the Rules of this Section: "Contact Hour" means a minimum of 50 minutes of contact. History Note: Authority G.S. 74F-6; Eff. February 1, 2005; Pursuant to G.S. 150B-21.3A, ru…

21 NCAC 29 .0802 REQUIREMENTS (a) Every licensee shall obtain 16 contact hours of continuing education during each 3-year renewal cycle, except: (1) Persons exempted from eight contact hours in Rule .0805 of this Section; and (2) Persons who: (A) are at least 62 years of age; (B)…

21 NCAC 29 .0803 Determination of credit (a) The Board has final authority with respect to approval of course sponsors, courses, programs, and contact hours. (b) The Board shall not pre-approve individual courses or programs. The Board may approve sponsors and enter into agreemen…

21 NCAC 29 .0804 Record keeping The licensee shall maintain records to support credits claimed and supply such records to the Board at time of renewal. The Board requires any of the following as proof of education: (1) A log showing the type of activity claimed, sponsoring organi…

21 NCAC 29 .0805 EXCEPTIONS A licensee shall be exempt from eight hours of the continuing education requirement per renewal cycle for any of the following reasons: (1) A licensee serving on temporary active duty in the armed forces of the United States for a period exceeding 120 …

21 NCAC 29 .0806 Non Compliance If the Board does not approve credits claimed by an applicant, then the licensee shall have 90 calendar days after written notification from the Board to substantiate the original claim as stated in Rule .0804 of this Section or obtain other contac…

CHAPTER 30 - NC BOARD OF MASSAGE AND BODYWORK THERAPY SECTION .0100 - ORGANIZATION AND GENERAL PROVISIONS 21 NCAC 30 .0101 PURPOSE The purpose of the rules in this Chapter is to implement the provisions of the North Carolina Massage and Bodywork Therapy Practice Act, as set forth…

21 ncac 30 .0102 DEFINITIONS In addition to the definitions set forth in G.S. 90-622(1) through (5), the following definitions apply: (1) Classroom hours of supervised instruction. -- Student learning activities in a training program that is conducted in the physical presence of …

SECTION .0200 - APPLICATION FOR LICENSE 21 NCAC 30 .0201 APPLICATION AND SCOPE (a) Each applicant for a license as a massage and bodywork therapist shall complete an online application provided by the Board on its website at www.bmbt.org. The application shall include the followi…

21 ncac 30 .0202 INTERVIEWS Interviews may be required by the Board if it has questions about the qualifications of an applicant. History Note: Authority G.S. 90-626(2); Temporary Adoption Eff. February 15, 2000; Eff. April 1, 2001; Pursuant to G.S. 150B-21.3A, rule is necessary …

21 ncac 30 .0203 EXEMPTIONS FROM LICENSURE (a) Persons who are utilizing certain therapeutic techniques may claim exemption from licensure pursuant to G.S. 90-624 (6) or (7) only by meeting one of the following criteria: (1) Such persons are practicing techniques that are defined…

21 ncac 30 .0204 FEES (a) Fees are as follows: (1) Application for Examination of Requirements for License $ 20.00 (2) Initial license fee 150.00 (3) License renewal 100.00 (4) Late renewal penalty 75.00 (5) Duplicate license 25.00 (b) Fees shall be nonrefundable and shall be pai…

21 NCAC 30 .0205 TERM OF LICENSE (a) Initial applications for licensure submitted between October 1 and December 31 shall be granted for two full years, plus the additional period of up to three months. Initial applications submitted between January 1 and September 30 shall pay t…

21 ncac 30 .0206 BACKGROUND INVESTIGATION REQUIRED FOR APPLICANT (a) If the Board determines that an applicant for licensure has: (1) a pending charge or conviction of a criminal offense or domestic violence, or disciplinary action regarding another occupational license or certif…

SECTION .0300 - LICENSING 21 ncac 30 .0301 PROFESSIONAL DESIGNATIONS (a) All licensees shall use the professional title, "Licensed Massage and Bodywork Therapist," or the letters "L.M.B.T." when they are holding themselves out to be a licensee in their professional communications…

21 NCAC 30 .0302 DISPLAY OF LICENSE Licensees shall display their Board-issued original license at the licensees' primary place of practice so as to be visible for inspection by the public. Licensees providing massage and bodywork therapy outside their primary place of practice, …