North Carolina Administrative Code

21 NCAC 34A .0119 FINAL DECISION IN CONTESTED CASE (a) Immediately upon the conclusion of a disciplinary proceeding conducted pursuant to G.S. 150B-38 and upon an adopted motion by the Board, the Board shall deliberate on whether an applicant, licensee, or permit holder involved …

21 NCAC 34A .0120 PROPOSAL FOR DECISION IN CONTESTED CASE History Note: Authority G.S. 90-210.23(a),(d); 150B-11; 150B-23; 150B-27; 150B-32(a); 150B-34; 150B-36; Eff. February 1, 1976; Readopted Eff. September 27, 1977; Repealed Eff. July 1, 1988.

21 NCAC 34A .0121 NOTICE MAILING LIST History Note: Authority G.S. 90-210.23(a); 150B-11(1); Eff. February 1, 1976; Readopted Eff. September 27, 1977; Expired Eff. September 1, 2017 pursuant to G.S. 150B-21.3A.

SUBCHAPTER 34A - BOARD FUNCTIONS SECTION .0100 - GENERAL PROVISIONS 21 NCAC 34A .0122 CHARACTER AFFIDAVIT FORM History Note: Authority G.S. 90-210.23(a); 90-210.26; Eff. September 1, 1979; Amended Eff. August 1, 2004; Pursuant to G.S. 150B-21.3A, rule is necessary without substan…

21 NCAC 34A .0123 CONSUMER COMPLAINT FORM (a) Initiation. Any individual (the "Complainant") with personal knowledge that any person has violated statutes or rules governed by the Board may file a complaint by submitting a complaint form through the Board's website, by emailing a…

21 NCAC 34A .0124 SOLICITATION (a) Definitions. As used in this Rule: (1) "Licensee" shall mean a person licensed by the Board as a funeral service, funeral director, or embalmer. (2) "Real-time communication" shall mean any in-person, live telephone, or real-time electronic cont…

21 NCAC 34A .0125 FINGERPRINTS History Note: Authority G.S. 90-210.23(a); 90-210.25(a)(1), (2), (3), (4); 90-210.25(e)(1); 90-210.43(f); 90-210.50(a); 90-210.67(b), (c); 90-210.69(a), (c); Eff. August 2, 1993; Expired Eff. September 1, 2017 pursuant to G.S. 150B-21.3A.

21 NCAC 34A .0126 COMPLAINTS; PRELIMINARY DETERMINATIONS (a) A person who believes that any person, firm or corporation is in violation of any provision of G.S. 90, Article 13A, 13D, 13E, or 13F or Title 21, Chapter 34, of the North Carolina Administrative Code, may file a writte…

21 NCAC 34A .0127 SUBMISSION OF DOCUMENTS Documents shall be considered submitted to the Board on the date of receipt by the Board or, if sent by U.S. mail or private courier service, on the date of postmark or date stamp used by the private courier respectively. History Note: Au…

21 NCAC 34A .0128 WAIVER (a) The Board may waive any rule in this Chapter that is not statutorily required if a licensee, trainee, or continuing education course provider submits a written request. Factors the Board shall use in determining whether to grant the waiver are: (1) de…

SECTION .0200 - FEES AND OTHER PAYMENTS 21 NCAC 34A .0201 FEES ANd other payments (a) Fees for funeral service shall be as follows: Funeral Establishment and Branch Funeral Establishment permit Application $250.00 Annual renewal $200.00 Late renewal fee $100.00 Establishment and …

21 NCAC 34A .0202 WORTHLESS CHECKS (a) Any person, firm or corporation submitting to the Board a check which is dishonored and returned shall be charged a processing fee in the maximum amount per check as permitted by the North Carolina law in effect at the time. (b) Until the wo…

21 NCAC 34A .0203 REPORT TO GENERAL ASSEMBLY History Note: Authority G.S. 90-210.23(a); 93B-2(d); Eff. September 1, 2010; Expired Eff. September 1, 2017 pursuant to G.S. 150B-21.3A.

21 NCAC 34A .0204 PETITION FOR PREDETERMINATION (a) General. An individual seeking predetermination pursuant to G.S. 93B-8.1(b6) and this Rule may file with the Board a petition form located on the Board's website, www.ncbfs.org. (b) Petition Procedure. The petition form shall in…

SUBCHAPTER 34B - FUNERAL SERVICE SECTION .0100 - RESIDENT TRAINEES Editor's Note: 21 NCAC 34B .0101 - .0125 was recodified from 21 NCAC 34 .0201 - .0225 Eff. February 7, 1991. 21 NCAC 34B .0101 CASE VOLUME OF ESTABLISHMENT History Note: Authority G.S. 90-210.23(a); 90-210.25(a)(4…

21 NCAC 34B .0102 TRAINEESHIP Each trainee must work at least 2,000 hours during the trainee's resident traineeship. Daytime and nighttime employment shall be acceptable so long as the trainee receives training in all aspects of the license sought, as defined in G.S. 90-210.20(e)…

SUBCHAPTER 34B - FUNERAL SERVICE SECTION .0100 - RESIDENT TRAINEES 21 NCAC 34B .0103 AUTHORIZED PRACTICE: SUPERVISION (a) Resident trainees in training for funeral service, resident trainees in training for funeral directing, and resident trainees in training for embalming, as de…

21 NCAC 34B .0104 CHANGE IN EMPLOYMENT Each resident trainee shall complete an application form prescribed by the Board prior to making any change in employment during the resident traineeship. The form shall be signed and dated by the resident trainee and shall require the resid…

21 NCAC 34B .0105 FUNERAL DIRECTOR TRAINEE APPLICATION FORM Applications for a funeral director resident trainee shall be made on forms available on the Board's website at ncbfs.org. Applications not completed within 30 days following submission to the Board shall be denied. All …

21 NCAC 34B .0106 EMBALMER TRAINEE APPLICATION FORM Applications for registration as an embalmer resident trainee shall be made on forms available on the Board's website at ncbfs.org. Applications not completed within 30 days following submission to the Board shall be denied. All…

21 NCAC 34B .0107 FUNERAL SERVICE TRAINEE APPLICATION FORM Applications for registration as a funeral service resident trainee shall be made on forms available on the Board's website at ncbfs.org. Applications not completed within 30 days following submission to the Board shall b…

21 NCAC 34B .0108 TRAINEE POCKET CERTIFICATE History Note: Authority G.S. 90-210.23(a); 90-210.25(a)(4); Eff. February 1, 1976; Readopted Eff. September 27, 1977; Repealed Eff. November 1, 1994.

21 NCAC 34B .0109 EFFECTIVE DATE OF CERTIFICATE History Note: Authority G.S. 90-210.23(a); 90-210.25(a)(4); 150B-11(1); Eff. February 1, 1976; Readopted Eff. September 27, 1977; Expired Eff. September 1, 2017 pursuant to G.S. 150B-21.3A.

21 NCAC 34B .0110 WORK REPORTS AND CHECKLISTS (a) Active resident trainees shall submit a work report to the Board every month on a form provided by the Board no later than the 10th day of the calendar month that immediately follows the month during which the work was performed. …

21 NCAC 34B .0111 WORK REPORT FORM History Note: Authority G.S. 90-210.23(a),(d),(f); 90-210.25(a)(4); Eff. February 1, 1976; Readopted Eff. September 27, 1977; Amended Eff. August 1, 1988; September 1, 1979; Repealed Eff. November 1, 2004.

21 NCAC 34B .0120 TRAINEE FINAL AFFIDAVITS (a) Within 30 days following the conclusion of a resident traineeship with a licensed supervisor, the supervisor shall submit to the Board an affidavit to certify that the trainee has served and performed certain work under the superviso…

21 NCAC 34B .0121 EXPIRATION NOTICE Prior to expiration of a resident trainee certificate, the Board may notify the resident trainee that if eligible, the traineeship may be renewed or may be certified as completed. The notice shall notify the trainee of the date of expiration, a…

21 NCAC 34B .0125 MORTUARY SCIENCE STUDENT PERMIT CARD History Note: Authority G.S. 90-210.23(a); 90-210.29; Eff. February 1, 1976; Readopted Eff. September 27, 1977; Amended Eff. August 1, 1988; September 1, 1979; Repealed Eff. November 1, 1994.

21 NCAC 34B .0126 EMBALMING, FUNERAL DIRECTING, AND FUNERAL SERVICE TRAINING (a) To fulfill the requirements that funeral director and funeral service trainees shall substantially assist in directing at least 25 funerals during their resident traineeship, such trainees shall, und…

SECTION .0200 - EXAMINATIONS Editor's Note: 21 NCAC 34B .0201 - .0211 was recodified from 21 NCAC 34 .0301 - .0311 Eff. February 7, 1991. 21 NCAC 34B .0201 DATES OF EXAMINATIONS History Note: Authority G.S. 90-210.23(a); 90-210.22; 150B-11(1); Eff. February 1, 1976 Amended Eff. S…

21 NCAC 34B .0202 APPLICATIONS (a) Applicants to take the examination administered by the International Conference of Funeral Service Examining Boards, Inc. ("ICFSEB") for a license shall apply for examination registration through the ICFSEB website, available at https://theconfe…

21 NCAC 34B .0208 PASSING SCORE (a) For purposes of G.S. 90-210.25(a)(5), the passing score on all examinations administered by the International Conference of Funeral Service Examining Boards, Inc. shall be such passing score that is established by the International Conference o…

21 NCAC 34B .0209 WHEN EXAMINATIONS MAY BE TAKEN History Note: Authority G.S. 90-210.23(a); 90-210.25(a)(1),(2),(3); 150A-11; Eff. February 1, 1976; Readopted Eff. September 27, 1977; Repealed Eff. September 1, 1979.

21 NCAC 34B .0210 REQUEST FOR REVIEW OF EXAMINATION For the purpose of dealing with a request by an applicant who has failed an examination for a review of his examination, the following procedures shall apply: (1) If the examination was prepared by the Board: (a) The applicant s…

SECTION .0200 - EXAMINATIONS 21 NCAC 34B .0211 NATIONAL BOARD CERTIFICATE (a) Pursuant to G.S. 90-210.25(a)(5), a National Board Certificate for Arts, certifying the successful completion of the National Board Examination for Arts of the International Conference of Funeral Servic…

21 NCAC 34B .0212 DISABILITIES OF APPLICANTS FOR EXAMINATIONS History Note: Authority G.S. 90-210.23(a); 90-210.25(a)(1), (2), (3); Eff. November 1, 1994; Expired Eff. September 1, 2017 pursuant to G.S. 150B-21.3A.

21 NCAC 34B .0213 EXPIRATION OF TEST SCORES History Note: Authority G.S. 90-210.23(a); 90-210.25(a)(1),(2),(3); Eff. February 1, 2009; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 19, 2017; Repealed Eff. April 1, 2024.

21 NCAC 34B .0308 RENEWALS: NOTICES The Executive Director of the Board shall, on or about December 1 of each year, send by electronic mail to each licensee or permit holder a written notice that the license, permit, or courtesy card shall expire as provided in G.S. 90-210.25 unl…

21 NCAC 34B .0309 LICENSE RENEWAL FORM (a) To renew a funeral director, funeral service, or embalmer's license, the licensee annually shall complete and submit to the Board a renewal application. Failure to submit a completed renewal application by February 1 shall cause the lice…

SECTION .0300 – LICENSING 21 NCAC 34B .0310 PRACTICE OF FUNERAL SERVICE OR FUNERAL DIRECTING NOT AS AN OWNER, EMPLOYEE OR AGENT OF A LICENSED FUNERAL ESTABLISHMENT (a) A funeral director or funeral service licensee registered to practice under G.S. 90-210.25(a2) shall not use its…

21 NCAC 34B .0311 SPECIAL PROCEDURES FOR LICENSING OF ACTIVE MILITARY PERSONNEL (a) Definitions. As used in this Rule: (1) "Active military person" shall mean any person holding an applicable license or permit from the Board who meets the conditions of G.S. 105-249.2(a) and would…

21 NCAC 34B .0312 MEMBERS REQUIRED BEFORE LICENSING Before any new burial association can be licensed, the proposed burial association's sponsor must obtain 800 members within six months of the charter date. If, at the end of six months, it is determined that sufficient progress …

21 NCAC 34B .0313 PROCEDURES FOR PROVISIONAL LICENSURE (a) Definitions. As used in this Rule: (1) "Applicant" shall mean the person submitting an Application for Provisional License on a form made available by the Board on its website at ncbfs.org. Applicants shall provide the fo…

section .0400 – continuing education Editor's Note: 21 NCAC 34B .0401 - .0405 was recodified from 21 NCAC 34 .0501 - .0505 Eff. February 7, 1991. 21 NCAC 34B .0401 ESTABLISHMENT AND APPROVAL OF COURSES The Board shall cause at least eight hours of continuing education courses to …

21 NCAC 34B .0402 REQUIREMENT FOR LICENSE RENEWAL History Note: Authority G.S. 90-210.23(a); 90-210.25(a)(5); 150A-11; Eff. February 1, 1976; Readopted Eff. September 27, 1977; Repealed Eff. September 1, 1979.

21 NCAC 34B .0403 REQUIREMENT FOR LICENSE REINSTATEMENT History Note: Authority G.S. 90-210.23(a); 90-210.25(a)(5); 150B-11(1); Eff. February 1, 1976; Readopted Eff. September 27, 1977; Amended Eff. September 1, 1979; Repealed Eff. August 1, 1998.

21 NCAC 34B .0404 CONTINUING EDUCATION CARD All licensees shall complete a card provided by the Board to certify that the licensee has taken continuing education courses. The form shall require the licensee to furnish the name of the licensee, "in time" and "out time" at the cour…

21 NCAC 34B .0405 APPLICATION FORM FOR APPROVAL OF COURSE Applications for approval of a course of continuing education shall be made on forms provided by the Board. The applicant shall furnish the date, name of the organization or person making the application, description of th…

21 NCAC 34B .0406 APPLICATION FORM FOR APPROVAL OF SPONSOR Applications for approval of a sponsor of continuing education shall be made on forms provided by the Board. The applicant shall furnish the date, name of the organization or person making the application, description of …

21 NCAC 34B .0407 Definitions For purposes of Section .0400, the following definitions shall apply: (1) "Accredited sponsor" shall mean an organization whose continuing education offerings have been accredited by the Board. (2) "Approved activity" shall mean a specific, individua…