North Carolina Administrative Code

21 NCAC 61 .0204 FEES (a) Fees are as follows: (1) For an initial application, a fee of fifty dollars ($50.00); (2) For issuance of an active license, a fee of one hundred twenty-five dollars ($125.00); (3) For the renewal of an active license, a fee of seventy-five dollars ($75.…

21 ncac 61 .0205 BACKGROUND INVESTIGATION (a) Every applicant for licensure shall submit to the Board a signed release form, completed Fingerprint Record Card, and such other form(s) as required to perform a criminal history check by the North Carolina Department of Justice at th…

SECTION .0200 – APPLICATION FOR LICENSE 21 NCAC 61 .0206 reinstatement of A respiratory care license (a) This Rule establishes the requirements and procedures for reinstatement of a license that was held by a respiratory care practitioner which was revoked or summarily suspended …

SECTION .0300 – LICENSING 21 NCAC 61 .0301 LICENSE NUMBER: DISPLAY OF lICENSE (a) Each license issued by the Board shall be valid for a period of one year, except as otherwise provided in G.S. 90-654 and G.S. 93B-15.1. (b) Each individual who is issued a license shall be issued a…

21 NCAC 61 .0302 LICENSE RENEWAL (a) Any licensee desiring the renewal of a license shall apply for renewal and shall submit the fee established in this Chapter. (b) Any person whose license is lapsed or expired and who engages in the practice of respiratory care as defined in G.…

21 NCAC 61 .0303 LICENSE WITH PROVISIONAL ENDORSEMENT An applicant for a provisional license must have completed the educational requirements set out in G.S. 90-563(a)(3) and must have made application to take the certification exam administered by the NBRC and must have filed hi…

21 NCAC 61 .0304 LICENSE WITH TEMPORARY ENDORSEMENT History Note: Authority G.S 90-652(1),(2),(4); 90-654; Temporary Adoption Eff. October 15, 2001; Eff. August 1, 2002; Amended Eff. March 1, 2004; Expired Eff. September 1, 2015 pursuant to G.S. 150B-21.3A.

21 NCAC 61 .0305 inactive status (a) A licensee who wishes to retain a license but who will not be practicing respiratory care may obtain inactive status by indicating this intention on the annual renewal and payment of a fee of twenty dollars ($20.00). An individual licensed on …

21 NCAC 61 .0306 LICENSE BY RECIPROCITY When the Board determines that a license, certificate or registration issued by another state, political territory, or jurisdiction to a respiratory care practitioner was issued upon satisfaction of substantially the same requirements for l…

21 NCAC 61 .0307 GROUNDS FOR LICENSE DENIAL OR DISCIPLINE The following behaviors and conduct that shall constitute unprofessional conduct by persons licensed pursuant to G.S. 90-647 and shall be grounds for license denial or disciplinary action by the Board pursuant to G.S. 90-6…

21 NCAC 61 .0308 CONTINUING DUTY TO REPORT (a) All licensed respiratory care practitioners and provisional licensees are under a continuing duty to report to the Board any and all: (1) convictions of, or pleas of guilty or nolo contendere to: (A) any felony; (B) any misdemeanor o…

21 NCAC 61 .0309 SCHEDULE OF CIVIL PENALTIES (a) The rules in this Subchapter establish the schedule of civil penalties set out in G.S. 90-666(a). The amounts stated are the presumptive amounts that may be modified in the discretion of the Board based upon factors set forth in G.…

21 NCAC 61 .0310 CIVIL PENALTY PROCEDURES (a) Citations. The Board, through its duly authorized representatives, shall issue a citation with respect to any violation for which a civil penalty may be assessed. Each citation shall be in writing and shall describe the nature of the …

SECTION .0400 - CONTINUING EDUCATION REQUIREMENTS for license holders 21 NCAC 61 .0401 CONTINUING EDUCATION REQUIREMENTS (a) Upon application for license renewal, a licensee shall attest to having completed one or more of the following learning activity options during the precedi…

SECTION .0500 - GENERAL 21 ncac 61 .0501 CHANGE OF ADDRESS OR BUSINESS NAME All licensees shall notify the Board in writing of each change of name, including any change in the name under which the licensee is providing respiratory care, or any change in the licensee's residence o…

21 NCAC 61 .0502 ADVERTISING A licensee may not advertise under a name that is different from the licensee's surname unless written notice has been filed with the Board. For all advertisements relating to respiratory care, the company or respiratory care practitioner sponsoring a…

SECTION .0600 - RULES 21 ncac 61 .0601 PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES (a) General. The procedure for petitioning the Board to adopt, amend, or repeal a rule is governed by G.S. 150B-20. (b) Submission. Rule-making petitions shall be sent to the Board. No spe…

21 NCAC 61 .0602 PROCEDURE FOR ADOPTION OF RULES (a) General. The procedure for the adoption, amendment or repeal of a rule is governed by G.S. 150B, Article 2A. (b) Notice of Rule-Making. In addition to the mandatory publication of notice in the North Carolina Register, the Boar…

21 NCAC 61 .0603 TEMPORARY RULES History Note: Authority G.S. 90-652(2); Temporary Adoption Eff. October 15, 2001; Eff. August 1, 2002; Expired Eff. September 1, 2015 pursuant to G.S. 150B-21.3A.

21 NCAC 61 .0604 DECLARATORY RULINGS (a) General. The issuance of declaratory rulings by the Board is governed by G.S. 150B-4. (b) Contents of Request. A request for a declaratory ruling shall be in writing and addressed to the Board. The request shall contain the following infor…

SECTION .0700 - ADMINISTRATIVE HEARING PROCEDURES 21 ncac 61 .0701 APPLICABLE HEARING RULES When the Board elects to have the Office of Administrative Hearings hear a contested case, the Board's rules pertaining to contested case hearings, instead of the rules of the Office of Ad…

21 NCAC 61 .0702 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, identifiable licensee or applicant for a license, such person has …

21 NCAC 61 .0703 REQUEST FOR HEARING (a) An individual who believes that individual's rights, duties, or privileges have been affected by the Board's administrative action, and who has not received notice of a right to an administrative hearing, may file a formal request for a he…

21 ncac 61 .0704 GRANTING OR DENYING HEARING REQUEST (a) The Board shall 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). Whenever the Board proposes to deny, suspend, or revoke a li…

21 NCAC 61 .0705 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 n…

21 NCAC 61 .0706 CONTESTED CASES (a) All administrative hearings shall be conducted by the Board, a panel consisting of a majority of the members of the Board then serving, or an administrative law judge designated to hear the case pursuant to G.S. 150B-40(e). (b) The hearing of …

21 NCAC 61 .0707 PREHEARING PROCEDURES The Board and the other party or parties may agree in advance to simplify the hearing by decreasing the number of issues to be contested at the hearing, accepting the validity of certain proposed evidence, accepting the findings in some othe…

21 NCAC 61 .0708 PETITION FOR INTERVENTION (a) A person desiring to intervene in a contested case must file a written petition with the Board's office. The request shall bear the notation: "PETITION TO INTERVENE IN THE CASE OF (name of case)". (b) The petition must include the fo…

21 NCAC 61 .0709 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) Permissive…

21 NCAC 61 .0710 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 61 .0711 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 and delivered to the Board at least 10 days before the date of a …

21 NCAC 61 .0712 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 61 .0713 FINAL DECISION In all cases heard by the Board, the Board shall issue its decision within 120 days after its next regularly scheduled meeting following the close of the hearing. The decision will be the "final agency decision" for the right to judicial review. To…

21 NCAC 61 .0714 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 pursuant to the Rules of the Office of Administrative Hearings, 26 NCAC 03 .0126. The parties may file written …

SECTION .0800 – INVESTIGATIVE PROCESS 21 NCAC 61 .0801 RECEIVING AND PROCESSING COMPLAINTS (a) Any person who has a concern or adverse information about the conduct or competence of a person licensed by the Board or of a person who has applied to the Board for a license may prese…

SECTION .0900 – NATIONAL EMERGENCY RESPONSE WAIVERS FOR CERTAIN RULES 21 NCAC 61 .0901 Rule Waivers (a) If the Governor declares a state of emergency issued under G.S. 166A-19.3(19), the Board may waive the following provisions in its rules: (1) The requirement for licensure set …

CHAPTER 62 – STATE BOARD OF ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS SECTION .0100 - RULES OF ORGANIZATION 21 NCAC 62 .0101 PURPOSE History Note: Authority G.S. 90A-1; 90A-2; Eff. February 1, 1976; Readopted Eff. December 22, 1978; Amended Eff. February 1, 1983; Repealed Eff. Ap…

21 NCAC 62 .0102 MEETINGS In addition to a required annual meeting in the City of Raleigh, additional meetings of the Board may be called by the Chairman at any time and place he may designate. History Note: Authority G.S. 90A-57; Eff. February 1, 1976; Readopted Eff. December 22…

21 NCAC 62 .0103 CHAIR AND VICE-CHAIR The Chair of the Board shall carry out the following duties and responsibilities: (1) call all meetings; (2) be authorized to act as the sole official representative for the Board to communications media and may direct the secretary-treasurer…

21 NCAC 62 .0104 SECRETARY-TREASURER History Note: Authority G.S. 90A-57; Eff. February 1, 1976; Readopted Eff. December 22, 1978; Amended Eff. November 1, 1994; April 1, 1989; February 1, 1983; Repealed Eff. July 1, 2010.

SECTION .0200 - RULEMAKING PROCEDURES 21 NCAC 62 .0201 petition for rulemaking (a) Any person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Board shall submit the petition in writing to: Chair, State Board of Environmental Health Speci…

21 NCAC 62 .0207 EMERGENCY RULES History Note: Authority G.S. 90A-4; 150A-13; Eff. February 1, 1976; Readopted Eff. December 22, 1978; Repealed Eff. April 1, 1989.

21 NCAC 62 .0208 DECLARATORY RULINGS History Note: Authority G.S. 90A-57; 150B-4; Eff. February 1, 1976; Readopted Eff. December 22, 1978; Amended Eff. November 1, 1994; April 1, 1989; Repealed Eff. July 1, 2010.

21 NCAC 62 .0318 PROPOSAL FOR DECISION History Note: Authority G.S. 150A-34; 90A-4; Eff. February 1, 1976; Readopted Eff. December 22, 1978; Repealed Eff. April 1, 1989.

21 NCAC 62 .0319 RECORD OF CONTESTED CASES History Note: Authority G.S. 90A-57; Eff. February 1, 1976; Readopted Eff. December 22, 1978; Amended Eff. November 1, 1994; January 1, 1990; April 1, 1989; Repealed Eff. July 1, 2010.

SECTION .0400 - RULES OF OPERATION 21 NCAC 62 .0401 STATUTORY AUTHORITY AND DEFINITIONS The definitions in G.S. 90A-51 apply to rules in this Chapter. History Note: Authority G.S. 90A-51; 90A-57; Eff. February 1, 1976; Readopted Eff. December 22, 1978; Amended Eff. July 1, 2010; …

21 NCAC 62 .0402 APPLICATIONS (a) Applications for registration as an environmental health specialist or environmental health specialist intern shall be filed with the Board on a form provided by the Board and available on the Board website at: www.rsboard.com or from the Divisio…

21 NCAC 62 .0403 EXAMINATION (a) The Board shall schedule an examination at least two times annually. An applicant for a certificate as a registered environmental health specialist shall pass the examination which consists of the following: (1) an objective written examination, d…

21 NCAC 62 .0404 INVESTIGATION OF COMPLAINTS disCiplinary action A complaint filed with the Board shall be handled as follows: (1) A complaint made to the Board shall be in writing. (2) The Chair shall appoint two board members to investigate a complaint which may lead to discipl…

21 NCAC 62 .0405 AUTHORIZED EXPENDITURES AND FEES (a) The following fees apply: (1) application for registration of environmental health specialist--$50.00; (2) examination--actual cost of the environmental health specialist exam purchased by the Board. The cost of the examinatio…