North Carolina Administrative Code

21 NCAC 58H .0302 APPLICATION AND CRITERIA FOR instrucTor APPROVAL (a) An individual seeking original instructor approval shall submit an application on a form available on the Commission's website that shall require the instructor applicant to indicate the course(s) for which ap…

21 NCAC 58H .0303 LIMITation, denial, or WITHDRAWAL OF instructor APPROVAL (a) The Commission may limit, deny, or withdraw approval of any instructor applicant or approved instructor upon finding that the instructor or instructor applicant: (1) has failed to meet the criteria for…

21 NCAC 58H .0304 INSTRUCTOR CONDUCT AND PERFORMANCE (a) All instructors shall ensure that class sessions are conducted at the scheduled time and for the full amount of time that is scheduled or required. Instructors shall conduct courses in accordance with the Commission's rules…

21 NCAC 58H .0305 digital video recordings (a) Upon request of the Commission during an investigation, an education provider or approved instructor shall submit a digital video recording depicting an instructor teaching a specified course topic. (b) Any digital video recording su…

21 NCAC 58H .0306 renewal and expiration OF INSTRUCTOR APPROVAL (a) Commission approval of instructors shall expire annually on June 30 following issuance of approval. (b) Any approved instructor shall file an electronic application for renewal of approval within the 45 days imme…

21 NCAC 58H .0307 LIMITED INSTRUCTOR PETITION FOR RECONSIDERATION (a) An instructor may submit a written petition to reconsider the determination made pursuant to Rule .0303(b) of this Section. The petition shall be accompanied by any documentary evidence that contradicts the Com…

SECTION .0400 - REAL ESTATE COURSES 21 NCAC 58H .0401 APPROVAL of A REal Estate EDucation course (a) Prior to obtaining the Commission's written approval of a real estate education course, education providers shall not offer, advertise, or otherwise represent that any real estate…

21 ncac 58h .0402 CONtinuing education elective course requirements (a) Continuing education elective courses shall: (1) cover subject matter related to real estate brokerage practice and offer knowledge or skills that will enable brokers to better serve real estate consumers and…

21 ncac 58h .0403 Commission created Update courses (a) The Commission shall annually develop Update courses and shall produce instructor and student materials for use by education providers. (b) An education provider shall submit a one hundred dollar ($100.00) materials fee to o…

21 ncac 58h .0404 COURSE SCHEDULING (a) Continuing Education courses shall be scheduled and conducted in a manner that limits class sessions to a maximum of eight instructional hours in any given day. The maximum permissible class session without a break shall be 90 minutes. Cour…

21 NCAC 58H .0415 distance education courses (a) At the beginning of a course, distance education courses shall include an orientation that: (1) explains the course syllabus; (2) identifies all required materials and resources, if any; (3) states the maximum time a student is all…

21 NCAC 58H .0416 RENEWAL AND EXPIRATION OF COURSE APPROVAL (a) Approval of real estate education courses shall expire annually on June 30 following initial course approval. (b) An education provider or public education provider seeking to renew a course approval shall be the own…

CHAPTER 60 - BOARD OF REFRIGERATION CONTRACTORS SECTION .0100 - ORGANIZATION AND DEFINITIONS 21 NCAC 60 .0101 STRUCTURE OF BOARD History Note: Authority G.S. 87-52; 87-54; Eff. February 1, 1976; Readopted Eff. April 17, 1978; Amended Eff. April 1, 1989; December 1, 1987; Repealed…

21 NCAC 60 .0102 OFFICE OF BOARD (a) The Board's office and mailing address is 1027 US 70 Highway West, Suite 221, Garner, North Carolina 27529. (b) The Board's website is http://www.refrigerationboard.org. History Note: Authority G.S. 87 54; Eff. February 1, 1976; Readopted Eff.…

21 NCAC 60 .0103 RULE-MAKING AND ADMINISTRATIVE HEARING PROCEDURES History Note: Authority G.S. 87-54; 150B-21.6; 150B-38(h); Eff. February 1, 1981; Amended Eff. October 1, 1995; April 1, 1989; May 1, 1988; October 1, 1984; Pursuant to G.S. 150B-21.3A, rule is necessary without s…

21 NCAC 60 .0104 RESERVED FOR FUTURE CODIFICATION

21 NCAC 60 .0105 REFRIGERATION LAW PLUG-IN DEVICES History Note: Authority G.S. 87-54; 87-58; Recodified from 21 NCAC 60 .0303 Eff. January 13, 1989; Repealed Eff. November 1, 1995.

SECTION .0200 - EXAMINATIONS 21 NCAC 60 .0201 DATES OF BOARD MEETINGS History Note: Authority G.S. 87-54; 87-58; Eff. February 1, 1976; Readopted Eff. April 17, 1978; Amended Eff. April 1, 1989; October 1, 1984; February 1, 1981; Repealed Eff. August 1, 2004.

21 NCAC 60 .0204 SCORING EXAMINATIONS History Note: Authority G.S. 87-54; 87-58; Eff. February 1, 1976; Readopted Eff. April 17, 1978; Amended Eff. April 1, 1997; August 1, 1995; October 1, 1984; Repealed Eff. August 1, 2004.

21 NCAC 60 .0205 RENEWAL AND REINSTATEMENT FEES History Note: Authority G.S. 87-54; 87-64; Eff. October 1, 1984; Repealed Eff. May 1, 1988.

21 NCAC 60 .0206 EXAMINATION APPLICATION DULY FILED History Note: Authority G.S. 87-54; 87-58; Eff. October 1, 1984; Repealed Eff. January 1, 2018

21 NCAC 60 .0207 REQUIREMENTS FOR EXAMINATION APPLICANTS (a) Applicants requesting to take a refrigeration examination in accordance with Rule .0213 of this Chapter shall: (1) Obtain 4,000 hours of refrigeration experience relevant to the classification of licensure desired prior…

21 NCAC 60 .0208 EXAMINATION REVIEW History Note: Authority G.S. 87-54; 87-58(d); 93B-8(c); Eff. May 1, 1988; Amended Eff. August 1, 2004; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015; Expired Eff. October 1, 2025 purs…

21 NCAC 60 .0209 FEES Fees shall be set as follows: (1) Examination application -- $100.00; (2) License renewal -- $80.00; and (3) License reinstatement -- $120.00. History Note: Authority G.S. 54; 87-58(d); 87-64; Eff. May 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary …

21 NCAC 60 .0210 SPECIAL EXAMINATION History Note: Authority G.S. 87-54; 87-58(d); 93B-8(c); Eff. December 1, 1993; Repealed Eff. August 1, 2004.

21 NCAC 60 .0211 CERT REQUIREMENTS OF EPA: ISSUANCE OF CERT LICENSES BY BOARD (a) All licensed refrigeration contractors and technicians as defined in 40 CFR 82.161 who handle refrigerants as stated in the Act and regulations must be certified by an EPA-Approved Technician's Cert…

21 NCAC 60 .0212 QUALIFYING EXAMINATIONS History Note: Authority G.S. 87-54; 87-58; Eff. August 1, 2004; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015; Repealed Eff. January 1, 2018.

21 NCAC 60 .0213 EXAMINATIONS (a) Upon approval to take an examination in accordance with Rule .0207 of this Chapter, the Board shall schedule and notify the approved applicant of the date, time, and place of the examination. (b) Refrigeration Contractors Examinations shall be di…

21 NCAC 60 .0214 LICENSURE FOR MILITARY-TRAINED APPLICANT; LICENSURE FOR MILITARY SPOUSE (a) Licensure for a military-trained applicant. Upon receipt of a request for licensure pursuant to G.S. 93B-15.1 from a military-trained applicant, the Board shall issue a license to the app…

21 NCAC 60 .0303 REFRIGERATION LAW PLUG-IN DEVICES History Note: Authority G.S. 87-54; 87-58; Eff. February 1, 1976; Readopted Eff. April 17, 1978; Amended Eff. May 1, 1988; October 1, 1984; Recodified to Rule .0105 Eff. January 13, 1989.

21 NCAC 60 .0304 RENEWALS AND REINSTATEMENTS Refrigeration license/reinstatement notices are sent out to all licensees on or about October 31 of each year. On or about January 15, each person who has not applied for the renewal of his license is notified that his license has laps…

21 NCAC 60 .0305 FORM: RENEWAL APPLICATION History Note: Authority G.S. 87-54; 150B-11; Eff. February 1, 1976; Readopted Eff. April 17, 1978; Repealed Eff. May 1, 1988.

21 NCAC 60 .0309 FORM: REINSTATEMENT APPLICATION History Note: Authority G.S. 87-54; 87-64; 150B-11(1); Eff. February 1, 1976; Readopted Eff. April 17, 1978; Amended Eff. February 1, 1981; Repealed Eff. May 1, 1988.

21 NCAC 60 .0310 LOST OR DESTROYED CERTIFICATES History Note: Authority G.S. 87-54; 87-60; Eff. February 1, 1976; Readopted Eff. April 17, 1978; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015; Expired Eff. October 1, 202…

21 NCAC 60 .0311 PERMITS (a) The refrigeration license number of the licensee shall appear on all applications for permits. (b) A licensee shall assure that a permit is obtained from the local Building Code enforcement official before commencing any installation work for which a …

21 NCAC 60 .0312 CHANGE OF TRADE NAME The trade name under which a license is issued may be changed upon request to and approval by the Board. The last license issued to the licensee must be returned to the Executive Director along with the form provided by the Board. History Not…

21 NCAC 60 .0313 PROCESSING FEE FOR SUBMITTAL OF BAD CHECK Any person or firm submitting to the Board a check which is subsequently returned to the Board because of insufficient funds in or no account at a bank will be charged the maximum processing fee allowed by G.S. 25-3-512. …

21 NCAC 60 .0314 USE OF LICENSE (a) The licensed contractor shall not permit the use of his license by any other person. (b) All refrigeration contracting business, including all business advertising and the submission of all documents and papers by a licensee of the Board shall …

21 NCAC 60 .0316 CHANGE OF ADDRESS All licensees shall notify the Board in writing within 30 days of any change of address or business location. History Note: Authority G.S. 87-58; Eff. July 1, 2000; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public intere…

SECTION .1100 - DISCIPLINARY ACTION 21 NCAC 60 .1101 GENERAL History Note: Authority G.S. 87-59; 87-63; 150B-11(1); Eff. February 1, 1981; Repealed Eff. April 1, 1989.

21 NCAC 60 .1102 PREFERRING CHARGES (a) Any person who believes that any refrigeration contractor is in violation of the provisions of G.S. 87-59 may prefer charges against such contractor by setting forth the charges in writing with particularity including, but not limited to, t…

21 NCAC 60 .1103 PRELIMINARY DETERMINATION (a) A charge, filed under Rule .1102 of this Section, shall be referred initially to a review committee. (b) The review committee shall be made up of the following individuals: (1) one officer, other than the Chairman, of the State Board…

21 NCAC 60 .1104 JUDICIAL REVIEW History Note: Authority G.S. 87-59; 87-63; 150B-11(1);150B-43; Eff. February 1, 1981; Amended Eff. May 1, 1988; Repealed Eff. April 1, 1989.

chapter 61 - north carolina respiratory care board SECTION .0100 - ORGANIZATION AND GENERAL PROVISIONS 21 NCAC 61 .0101 purpose It is the responsibility of the Board to license respiratory care practitioners and to see that the qualifications and activities of those engaged in re…

21 NCAC 61 .0102 BOARD OFFICE History Note: Authority G.S. 90-652(2); Temporary Adoption Eff. October 15, 2001; Eff. August 1, 2002; Amended Eff. October 1, 2014; Expired Eff. September 1, 2015 pursuant to G.S. 150B-21.3A.

21 NCAC 61 .0103 DEFINITIONS The definitions of terms contained in G.S. 90-648 shall apply to the rules in this Chapter. In addition, the following definitions shall apply to the rules in this Chapter: (1) "Assessment" means a clinical evaluation of an individual patient by a Res…

21 NCAC 61 .0104 CODE OF ETHICS (a) The American Association of Respiratory Care (AARC) Code of Ethics are incorporated by reference, including subsequent amendments and editions. A free copy may be obtained from the American Association of Respiratory Care online at www.aarc.org…

SECTION .0200 – APPLICATION FOR LICENSE 21 NCAC 61 .0201 APPLICATION PROCESS (a) Each applicant for a respiratory care practitioner license shall complete an application form provided by the Board. This form shall be submitted to the Board and shall be accompanied by: (1) one hea…

21 NCAC 61 .0202 EXEMPTIONS The Board shall exempt the following persons meeting the requirements of G.S. 90-664 from the requirement of obtaining a license. For the purposes of this Rule: (1) For purposes of interpreting G.S. 90-664(2), direct supervision shall mean that a respi…

21 NCAC 61 .0203 INTERVIEWS If the Board has questions about the qualifications of an applicant, it may conduct interviews of the applicant, or of others with knowledge of an applicant's qualifications. History Note: Authority G.S. 90-652(2); Temporary Adoption Eff. October 15, 2…