North Carolina Administrative Code

21 NCAC 56 .0805 REGISTRATION NOT REQUIRED History Note: Authority G.S. 55b-15; 89C-10; 89C-24; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Repealed Eff. April 1, 1989.

SECTION .0900 - BUSINESS ENTITIES: GENERAL 21 NCAC 56 .0901 OFFICES (a) Professional Engineering Services. Every firm, partnership, corporation, or limited liability company that performs or offers to perform engineering services, as defined in G.S. 89C-3(6), within the State of …

21 NCAC 56 .0902 business TITLES (a) Companies, partnerships, corporations, limited liability companies, or any other business providing professional engineering or land surveying services, as defined in G.S. 89C-3, within North Carolina shall not practice under a name that is mi…

SECTION .1100 - SEAL 21 NCAC 56 .1101 GENERAL It is misconduct for a Professional Engineer or Professional Land Surveyor to seal work done by another individual unless the work is performed under the "responsible charge" of the Professional Engineer or Professional Land Surveyor.…

21 NCAC 56 .1102 DESIGN The standard design of the seal shall be two concentric circles in which North Carolina and the name of the licensee are placed within the outermost circle and in which the license number of the licensee and either "Professional Engineer" or "Professional …

21 NCAC 56 .1103 STANDARD CERTIFICATION REQUIREMENTS (a) Certification of Final Drawings. Drawings or maps not subject to the exceptions in Paragraph (c) of this Rule shall conform to the following: (1) Certification is required on reproducibles or original drawings; (2) The seal…

21 NCAC 56 .1104 CERTIFICATION WITH TEMPORARY PERMIT History Note: Authority G.S. 89C-10; 89C-16; 89C-25; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Amended Eff. August 1, 2000; August 1, 1998; February 1, 1996; April 1, 1989; January 1, 1982; Repealed Eff. Februar…

21 NCAC 56 .1105 FIRM SEAL The use of a seal by a firm is not required for certification. A firm seal is not authorized for use in lieu of the required seal of a Professional Engineer or Professional Land Surveyor. When a firm seal is used, it does not relieve the individual lice…

21 NCAC 56 .1106 CERTIFICATION OF STANDARD DESIGN PLANS Standard design plans that were initially prepared and certified by an individual who is a licensed engineer in the state of origin of such plans (including North Carolina) may then be reviewed by a North Carolina Profession…

SECTION .1200 - RULEMAKING PROCEDURES 21 NCAC 56 .1201 PETITIONS (a) Any person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Board shall send the petition to the executive director at the Board's office in Raleigh, North Carolina. (b)…

21 NCAC 56 .1202 NOTICE History Note: Authority G.S. 89C-10; 150A-12(c); 150A-12; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Amended Eff. December 1, 1984; Repealed Eff. April 1, 1989.

21 NCAC 56 .1203 HEARINGS (a) Unless otherwise stated in a particular rulemaking notice, hearings before the Board shall be held in the Board office. (b) Presentations may not exceed 10 minutes unless, upon request, either before or at the hearing, the Board grants an extension o…

21 NCAC 56 .1204 EMERGENCY RULES History Note: Authority G.S. 89C-10; 150A-13; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Repealed Eff. April 1, 1989.

21 NCAC 56 .1205 DECLARATORY RULINGS (a) Any person substantially affected by a statute administered or rule promulgated by the Board may request a declaratory ruling as to whether or how the statute or rule applies to a given factual situation or whether a particular agency rule…

section .1300 – board disciplinary procedures 21 NCAC 56 .1301 IMPROPER PRACTICE BY A LICENSEE (a) General. Licensee practice that may violate the rules of this Chapter or G.S. 89C is subject to Board investigation and disciplinary action by the Board. (b) Preferring Charges. Any…

21 NCAC 56 .1302 UNLAWFUL PRACTICE BY AN UNLICENSED PeRSON (a) General. Alleged unlawful practice by an unlicensed person shall be subject to Board investigation and enforcement, to include applying for relief by injunction or referral to an agency of the State for appropriate le…

SECTION .1400 - CONTESTED CASES 21 NCAC 56 .1401 GENERAL RULES Whenever the Board, by its official action, acts in such a way as to affect the rights, duties, or privileges of a specific identified party, that party, upon request, will be given an administrative hearing. History …

21 NCAC 56 .1402 OPPORTUNITY FOR LICENSEE OR APPLICANT TO HAVE HEARING Every licensee or applicant for a license shall be afforded notice and an opportunity to be heard on any action, where the effect would be: (1) to deny permission to take an examination for licensing for which…

21 NCAC 56 .1403 NOTICE OF CONTEMPLATED BOARD action to applicant: REQUEST FOR HEARING When the Board takes an action specified in Subparagraphs (1), (2) or (3) of Rule .1402 of this Section, it shall give the applicant a written statement: (1) that the applicant failed to meet t…

21 NCAC 56 .1409 CONDUCT OF CONTESTED CASE (a) Failure to Appear: (1) If a party served with notice requests a hearing within the time required and fails to appear without having notified the Board, and no continuance or adjournment is ordered, the party is considered to have wai…

21 NCAC 56 .1410 DISCOVERY History Note: Authority G.S. 89C-10; 89C-21; 89C-22; 150A-28; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Repealed Eff. April 1, 1989.

21 NCAC 56 .1411 DEPOSITIONS Depositions shall be taken in accordance with the North Carolina Rules of Civil Procedure. History Note: Authority G.S. 89C-10; 89C-21; 89C-22; 150B-39(a); Eff. February 1, 1976; Readopted Eff. September 29, 1977; Amended Eff. August 1, 1998; Pursuant…

21 NCAC 56 .1412 CONDUCT OF HEARING History Note: Authority G.S. 89C-10; 89C-21; 89C-22; 150A-25; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Amended Eff. January 1, 1982; Repealed Eff. April 1, 1989.

21 NCAC 56 .1413 DECISION OF BOARD (a) Manner and Time of Rendering Decision. After a hearing has been completed the Board shall proceed to consider the case and as soon as practicable shall render their decision. The decision must be rendered within 90 days after the hearing. (b…

SECTION .1500 - FEES 21 NCAC 56 .1501 GENERAL Fees for returned checks shall be in the maximum amount established by G.S. 25-3-506. History Note: Authority G.S. 89C-14; 89C-17; 89C-18; Eff. May 1, 1989; Amended Eff. August 1, 2000; Pursuant to G.S. 150B-21.3A, rule is necessary w…

section .1600 – standards of practice for land surveying in north carolina 21 NCAC 56 .1601 GENERAL In order to better serve the general public in regulating the practice of land surveying in North Carolina, the minimum standards of practice set forth in this Section are establis…

21 NCAC 56 .1602 SURVEYING PROCEDURES (a) A Professional Land Surveyor shall spend the necessary time and effort to make investigation to determine if there are encroachments, gaps, lappages, or other irregularities along each line surveyed. Points may be placed on the line from …

21 NCAC 56 .1603 CLASSIFICATION OF BOUNDARY SURVEYS General. "Boundary surveys" are defined as surveys made to establish or to retrace a boundary line on the ground, or to obtain data for constructing a map, plat, or report showing a boundary line. For the purpose of this Rule, t…

21 NCAC 56 .1604 MAPPING REQUIREMENTS FOR BOUNDARY SURVEYS (a) The size of a map shall be such that all details are legible on a copy. (b) Any lines that are not actually surveyed shall be indicated on the map and a statement included revealing the source of information from whic…

21 NCAC 56 .1605 CLASSIFICATION OF VERTICAL CONTROL SURVEYS (a) General. Vertical control surveys are defined as measurements taken by surveying methods (differential leveling, trigonometric leveling, and global positioning surveys) to determine elevation with respect to vertical…

21 NCAC 56 .1606 SPECIFICATIONS FOR TOPOGRAPHIC AND PLANIMETRIC MAPPING, INCLUDING GROUND, AIRBORNE, AND SPACEBORNE SURVEYS (a) General. (1) "Topographic surveys" are defined as surveys that have as their major purpose the determination of the configuration (relief) of the earth …

21 NCAC 56 .1607 GLOBAL POSITIONING SYSTEMS SURVEYS (a) General. Global Navigation Satellite Systems (GNSS) is the generic name of navigation and positioning systems with global coverage that is comprised of GPS (Global Positioning System, United States, originally Navstar), GLON…

21 NCAC 56 .1608 CLASSIFICATION/LAND INFORMATION SYSTEM/GEOGRAPHIC INFORMATION SYSTEM SURVEYS (a) General: "Land Information System/Geographic Information System (LIS/GIS)" surveys are defined as the measurement of existing surface and subsurface features for the purpose of deter…

21 NCAC 56 .1609 MINIMUM PHOTOGRAMMETRIC PRODUCTION STANDARDS History Note: Authority G.S. 89C-10; 89C-20; Eff. August 1, 2000; Repealed Eff. August 1, 2002.

SECTION .1700 – CONTINUING PROFESSIONAL COMPETENCY 21 NCAC 56 .1701 INTRODUCTION Every licensee shall meet the continuing professional competency requirements of this Section for professional development as a condition for licensure renewal. History Note: Authority G.S. 89C-10(a)…

21 NCAC 56 .1702 DEFINITIONS Terms used in this Section are defined as follows: (1) Professional Development Hour (PDH) - A contact hour (nominal) of instruction or presentation. The common denominator for other units of credit. (2) Continuing Education Unit (CEU) - Unit of credi…

21 NCAC 56 .1703 REQUIREMENTS Every licensee shall obtain 15 PDH units during the renewal period. Effective as of the 2024 license renewal, for all licensees at least 1 PDH shall be in Ethics or Rules of Professional Conduct. In addition, for Professional Land Surveyors 1 PDH sha…

21 NCAC 56 .1704 UNITS The conversion of units of credit set forth in Rule .1703 of this Section to PDH units is as follows: (1) 1 College or unit semester hour. 45 PDH (2) 1 College or unit quarter hour. 30 PDH (3) 1 Continuing Education Unit. 10 PDH (4) 1 Contact hour of profes…

21 NCAC 56 .1705 DETERMINATION OF CREDIT (a) Approval of courses, sponsors, credit, PDH value for courses, and other methods of earning credit shall meet Rule .1702(4) of this Section. (b) Credit for college or community college courses shall be based upon course credit establish…

21 NCAC 56 .1706 RECORDKEEPING The licensee shall maintain the following records to be used to support credits claimed: (1) a log showing the type of activity claimed, title or specific subject, sponsoring organization, location, duration, date, instructor's or speaker's name, an…

21 NCAC 56 .1707 EXEMPTIONS A licensee is exempt from the professional development educational requirements for the following reasons: (1) New licensees by way of examination or comity are exempt for their first renewal period. (2) If currently licensed by and in good standing (l…

21 NCAC 56 .1708 REINSTATEMENT A licensee may bring an inactive license to active status by obtaining all delinquent PDH units. However, if the total number required to become current exceeds 30, then 30 shall be the maximum number required. Reinstatement of a license that was no…

21 NCAC 56 .1709 COMITY/OUT-OF-JURISDICTION RESIDENT Licensees who are residents of jurisdictions other than North Carolina shall meet the CPC requirements of their resident jurisdiction. If the licensee resides in a jurisdiction that has no continuing professional competency (CP…

21 NCAC 56 .1710 DUAL licenseEs The number of PDH units required shall remain the same for persons who hold a second license as engineer or land surveyor. Holders of a second license must obtain a minimum of one-third of the total PDH requirements in each field. The remaining one…

21 NCAC 56 .1711 FORMS Renewal applications may require the completion of a continuing education form specified by the board outlining PDH credit claimed. The licensee must supply sufficient detail on the form to permit audit verification, must certify and sign the continuing edu…

21 NCAC 56 .1712 COMPLIANCE (a) Compliance with annual Continuing Professional Competency (CPC) requirements shall be determined through an audit process conducted by the Board. Determination of individuals to be audited shall be accomplished through a random selection process or…

21 NCAC 56 .1713 SPONSORS (a) The Board may approve sponsors of Continuing Professional Competency (CPC) activities. The Board may maintain a list of sponsors which have agreed to conduct programs in accordance with the standards of CPC activities set forth in 21 NCAC 56. 1700. S…

CHAPTER 57 – APPRAISAL BOARD subchapter 57a – registration, licensing, certification and practice section .0100 – application for real estate appraiser license or certification 21 NCAC 57A .0101 FORM A person who wishes to be registered as a trainee or to obtain licensure as a li…

21 NCAC 57A .0102 FILING AND FEES (a) Each application for registration as a trainee, licensure as a licensed real estate appraiser, or certification as a certified real estate appraiser shall be accompanied by the required application fee. An additional fee may be charged to def…

SECTION .0200 – TRAINEE REGISTRATION AND APPRAISER LICENSING AND CERTIFICATION 21 NCAC 57A .0201 Qualifications for Trainee Registration and Appraiser Licensure and Certification (a) Applicants for trainee registration, licensure as a licensed residential real estate appraiser, a…