North Carolina Administrative Code

21 NCAC 42E .0202 ADVERTISING History Note: Authority G.S. 90-117.5; Eff. February 1, 1976; Readopted Eff. May 30, 1978; Amended Eff. September 30, 1981; Repealed Eff. June 1, 1989.

21 NCAC 42E .0203 CONSULTANT: ADVISOR, STAFF OPTOMETRIST, OR INDEPENDENT CONTRACTOR (a) An optometrist may: (1) be engaged as a consultant, advisor, or independent contractor for industrial plants where industrial vision programs are being or have been instituted; or (2) be engag…

SECTION .0300 - UNETHICAL PRACTICES DEFINED: REVOCATION OF LICENSE 21 NCAC 42E .0301 PUNISHMENT FOR VIOLATION OF RULES The Board may invoke such disciplinary measures as it deems appropriate, including issuing a letter of warning or caution, reprimand, censure, suspension of a li…

21 NCAC 42E .0302 UNETHICAL PRACTICES It is unethical for an optometrist to: (1) solicit by means of advertising considered by the Board to be untruthful, false, misleading, deceptive, bait-and-switch, or fraudulent; (2) allow, permit, or otherwise condone by his failure to act i…

SUBCHAPTER 42F - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES SECTION .0100 - PETITIONS FOR RULES 21 NCAC 42F .0101 RULE-MAKING AND ADMINISTRATIVE PROCEDURES History Note: Authority G.S. 90-117.5; 90-121.2; 150A-11; 150A-14; Eff. February 1, 1976; Readopted Eff. May 30, 1978;…

SUBCHAPTER 42J - FEE SCHEDULE 21 NCAC 42J .0101 FEES History Note: Authority G.S. 55B-10; 55B-11; 57D-2-02; 90-117.5; 90-123; Eff. June 1, 1989; Amended Eff. October 1, 1994; March 1, 1992; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. Ma…

SUBCHAPTER 42K - RULEMAKING PROCEDURES SECTION .0100 - GENERAL INFORMATION 21 NCAC 42K .0101 PURPOSE This Subchapter establishes basic minimum procedures for the adoption, amendment, or repeal of administrative rules. These procedures ensure the participation of the public in the…

21 NCAC 42K .0102 ORGANIZATION OF SUBCHAPTER (a) Sections .0200 through .0600 of this Subchapter pertain to the agency's procedures for adopting, amending, or repealing rules pursuant to the requirements of Chapter 150B, Article 2A. (b) Section .0700 of this Subchapter deals with…

SECTION .0200 - PETITION FOR RULE-MAKING 21 NCAC 42K .0201 NATURE OF THE PETITION A petition for rule-making is a method by which a person may focus the agency's attention upon areas under the agency's rule-making authority where a need for new or changed procedures exists. A pet…

21 NCAC 42K .0202 SUBMITTING THE PETITION Any person wishing to request the Board to adopt, amend, or repeal a rule shall address a petition to the Board. The envelope containing the petition should clearly bear the notation: RULE-MAKING PETITION RE: and the subject area. History…

21 NCAC 42K .0203 CONTENTS OF THE PETITION There is no particular form required for a rule-making petition. However, the petitioner should include the following: (1) an indication of the subject area to which the petition is directed [for example: "This is a petition to conduct r…

21 NCAC 42K .0204 AGENCY RESPONSE TO A RULE-MAKING PETITION (a) The President of the Board may designate one or more board members to determine whether the public interest will be served by granting a rule-making petition. Prior to making this determination, the Board may request…

21 NCAC 42K .0205 RECOURSE TO DENIAL OF THE PETITION If the Board denies a petition for rule-making, the petitioner may seek judicial review of the denial to determine whether the Board abused its discretion. This action requires that the petitioner file a civil suit against the …

SECTION .0300 - NOTICE AND ADVICE ON POTENTIAL RULE-MAKING TOPICS 21 NCAC 42K .0301 SOLICITING PUBLIC COMMENT In addition to seeking information by other methods, the Board may solicit comments from the public on a subject matter of possible rule-making under active consideration…

SECTION .0400 - NOTICE OF RULE-MAKING 21 NCAC 42K .0401 TIMING AND MANNER OF NOTICE When the Board decides to conduct a rule-making proceeding, either in response to a petition or otherwise, the Board shall give notice as required by G.S. 150B-21.2. History Note: Authority G.S. 1…

21 NCAC 42K .0402 OBTAINING ADDITIONAL INFORMATION ON PROPOSED RULES Persons desiring information in addition to that provided in a published notice of rule-making proceedings may contact the Board in writing at its address. The envelope containing the request should clearly bear…

SECTION .0500 - RULE-MAKING HEARINGS 21 NCAC 42K .0501 REQUEST TO PARTICIPATE IN HEARING (a) Any person desiring to present oral data, views, or arguments at the rule-making hearing on a proposed rule should file a request to participate with the Board at least three full busines…

21 NCAC 42K .0502 RESPONSE TO THE REQUEST TO PARTICIPATE Upon receipt of a request to participate in a rule-making hearing, the Board will acknowledge receipt of the request and inform the person in writing or by telephone of any limitations on oral presentations deemed necessary…

21 NCAC 42K .0503 PRESENTATION OF ORAL COMMENT (a) The hearing officer at a rule-making hearing shall create an agenda of members of the public whose requests to participate in the hearing have been approved. (b) If time allows, the hearing officer shall permit limited comment by…

21 NCAC 42K .0504 POWERS AND DUTIES OF THE HEARING OFFICER (a) The hearing officer at a rule-making hearing shall have complete control of the proceedings, including: (1) extending any time limitations; (2) recognizing speakers; (3) setting time allotments for presentations; (4) …

SECTION .0600 - PUBLIC ACCESS TO RULE-MAKING 21 NCAC 42K .0601 FILING WRITTEN COMMENTS ON PROPOSED RULES (a) Any person may file with the Board a written submission containing data, comments, or arguments for or against a rule, after publication of a Notice of Rule-making by the …

21 NCAC 42K .0602 STATEMENT OF REASONS FOR THE BOARD'S DECISION (a) Upon request by an interested person, the Board shall provide a concise statement of the principal reasons for and against the adoption of a rule and the factors that led to overruling the considerations urged ag…

21 NCAC 42K .0603 PUBLIC ACCESS TO THE RULE-MAKING RECORD (a) A record of each rule-making proceeding will be maintained by the Board for as long as the rule is in effect and for two years thereafter. (b) The record will contain: (1) the original petition for rule-making, if any;…

SECTION .0700 - DECLARATORY RULINGS 21 NCAC 42K .0701 NATURE OF THE DECLARATORY RULING (a) A declaratory ruling is a quasi-judicial order of the Board, by which it addresses issues raised by an interested person regarding: (1) the manner in which a statute administered by the Boa…

21 NCAC 42K .0702 SUBMITTING A REQUEST FOR DECLARATORY RULING (a) All requests for declaratory rulings shall be written and mailed to the Board. The envelope containing the request should clearly bear the notation: "REQUEST FOR DECLARATORY RULING". (b) Each Request for Declarator…

21 NCAC 42K .0703 RESPONSE TO THE REQUEST (a) Upon receipt of a Request for Declaratory Ruling, the Board shall determine whether a ruling is appropriate under the facts stated. (b) The Board shall proceed to issue a declaratory ruling where the person requesting the ruling shows…

21 NCAC 42K .0704 RECORD OF DECLARATORY RULING (a) A record of each declaratory ruling and the proceedings held in connection with such ruling will be maintained by the Board at least until: (1) the statute or rule interpreted by the declaratory ruling is amended or repealed; (2)…

SUBCHAPTER 42L - ADMINISTRATIVE HEARINGS: CONTESTED CASES 21 NCAC 42L .0101 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, identif…

21 NCAC 42L .0102 REQUEST FOR HEARING (a) When an individual believes that individual's rights, duties, or privileges have been affected by the Board's administrative action, but he has not received notice of a right to an administrative hearing, that individual may file a formal…

21 NCAC 42L .0103 GRANTING OR DENYING HEARING REQUEST (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 42L .0104 COMMITTEE ON INVESTIGATIONS (a) Upon receipt of a written complaint alleging misconduct that might subject a licensee or other person to discipline, or upon notice of such otherwise coming to the Board's attention through investigatory means, the Board may inves…

21 NCAC 42L .0105 NOTICE OF HEARING (a) The Board shall give the party or parties in a contested case a notice of hearing not less than 15 days before the hearing. Said notice shall contain the following information, in addition to the items specified in G.S. 150B-38(b): (1) the …

21 NCAC 42L .0106 WRITTEN RESPONSE TO THE NOTICE OF HEARING (a) Any party served with a notice of hearing may file a written response. Such response shall be served on the Board by certified mail at the address specified in 21 NCAC 42A .0001. The U.S. Post Office postmark or canc…

21 NCAC 42L .0107 WHO SHALL HEAR CONTESTED CASES All administrative hearings will be conducted by the Board, a panel consisting of a majority of the members of the Board, or an administrative law judge designated to hear the case pursuant to G.S. 150B-40(e). History Note: Authori…

21 NCAC 42L .0108 PRE-HEARING CONFERENCE (a) The Board may direct the parties to conduct an informal pre-hearing conference, or the parties may request such a conference, at a time and place selected by the parties. If the parties do not agree on the time and place for the pre-he…

21 NCAC 42L .0109 PETITION FOR INTERVENTION (a) A person desiring to intervene in a contested case must file a written petition with the Board's office. The petition should bear the notation: PETITION TO INTERVENE IN THE CASE OF (Name of Case). (b) The petition must include the f…

21 NCAC 42L .0110 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 42L .0111 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 42L .0112 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, shall identify any document sought with specificit…

21 NCAC 42L .0113 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 presidi…

21 NCAC 42L .0114 PLEADINGS: BRIEFS: MOTIONS: SERVICE (a) The Board shall give all parties full opportunity, at appropriate stages of the proceedings, to file pleadings, motions, objections, and offers of settlement. (b) The Board may give all parties full opportunity, at appropr…

21 NCAC 42L .0115 FINAL DECISION In all cases heard by the Board, the Board will issue its decision within 60 days after its next regularly scheduled meeting following the close of the hearing. This decision will be the prerequisite "final agency decision" for the right to judici…

21 NCAC 42L .0116 PROPOSALS FOR DECISION (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 N.C.A.C. 3 .0…

SUBCHAPTER 42M - PRECEPTORSHIPS 21 NCAC 42M .0101 DEFINITIONS As used in this Subchapter: (1) An "institution" is a school or college of optometry approved by the Board in accordance with Rule 21 NCAC 42B .0101. (2) A "preceptee" is an individual who is still enrolled as a studen…

21 NCAC 42M .0102 FUNCTION (a) Preceptees may perform all functions which a duly licensed optometrist may perform under Article 6 of Chapter 90 of the North Carolina General Statutes, provided that such are performed at the direction and under the supervision of the preceptor to …

21 NCAC 42M .0103 QUALIFICATIONS (a) To qualify for a preceptorship, an individual must: (1) be a student in good academic standing currently enrolled in an optometric program leading to a doctorate degree in optometry at a school whose preceptorship program has been approved by …

21 NCAC 42M .0104 APPLICATION AND REGISTRATION (a) An institution establishing a preceptorship within the State of North Carolina shall be approved by the Board in accordance with Rule 21 NCAC 42B .0101 and shall: (1) notify the Board in writing outlining in sufficient detail the…

21 NCAC 42M .0105 REMUNERATION AND EXPENSES The preceptor shall serve as such without remuneration for his or her services. Any funds given to the preceptee shall be only for reimbursement of expenses and subsistence costs. History Note: Authority G.S. 90-115.1(3); 90-117.5; Eff.…

21 NCAC 42M .0106 TERMINATION (a) Approval and registration of a preceptor shall continue in effect until terminated by the Board, by the institution from whom he or she received his or her credentials as a preceptor, or until 30 days after written notification of termination is …

CHAPTER 45 – BOARD OF EXAMINERS OF FEE-BASED PRACTICING PASTORAL COUNSELORS SECTION .0100 – GENERAL PROVISIONS 21 NCAC 45 .0101 ADDRESS (a) The mailing address for the North Carolina State Board of Fee-Based Practicing Pastoral Counselors ("Board") is P.O. Box 447, Kernersville, …