North Carolina Administrative Code

21 NCAC 68 .0603 INVESTIGATION OF COMPLAINT (a) The Ethics Committee chairperson, in consultation with the executive director or their designee and legal counsel, shall investigate the allegations in the complaint. The chairperson may appoint any person(s) or name a subcommittee …

21 NCAC 68 .0604 HEARING BEFORE BOARD (a) A hearing shall be initiated: (1) at the call of the Ethics Committee chairperson, Ethics Committee, or Ethics Committee hearing panel in the case of a complaint against a credentialed professional; or (2) by any person pursuant to G.S. 1…

21 NCAC 68 .0605 METHOD OF DISCIPLINE (a) In the course of the disciplinary investigation or hearing the Board may: (1) deny a credential; (2) revoke a credential; (3) suspend a credential until further order of the Board or for a specified period of time; (4) admonish, reprimand…

21 ncac 68 .0606 EFFECT OF ACTIONS OF COURT OR OF OTHER PROFESSIONAL GROUPS (a) If a person credentialed or applying for a credential from the Board has been disciplined by another professional organization or convicted of a felony or a misdemeanor, the Ethics Committee or the Bo…

21 NCAC 68 .0607 DISCRETION OF BOARD The following factors may be considered by the Board in determining the nature and severity of the disciplinary sanctions to be imposed: (1) the relative seriousness of the violation as it relates to assuring the citizens of North Carolina a c…

21 NCAC 68 .0608 CONFIDENTIALITY Except to pursue notification of respondent of a complaint as set out in Rule .0602 of this Section and to share information with the complainant and others involved in the investigation, at no time prior to the release of the final decision by th…

21 NCAC 68 .0609 PETITION FOR REOPENING CASE (a) If a party fails to appear, the hearing may proceed without the party. However, if the inquiry is conducted or a decision is reached in an administrative hearing in the absence of a party, or if a dismissal is entered prior to the …

21 NCAC 68 .0610 Awarding the Credential following denial (a) Upon a showing that there are circumstances that could establish a basis for reinstatement of a credential following its denial, the Board may reinstate or credential the respondent. (b) A request for reinstatement of …

21 NCAC 68 .0611 proof of rehabilitation (a) As used in G.S. 90-113.44 and in the rules of this Chapter, rehabilitation from impairment shall be sustained and continuous for at least six months. (b) Upon consideration of the evidence evaluated as set forth in Paragraph (c) of thi…

21 NCAC 68 .0612 reserved for future codification

21 NCAC 68 .0613 reserved for future codification

21 NCAC 68 .0614 reserved for future codification

21 NCAC 68 .0615 INFORMAL PROCEEDINGS (a) In addition to formal hearings pursuant to G.S. 90-113.33 and G.S. 90-113.34, the Board may conduct informal proceedings in order to settle certain matters of dispute. A substance use disorder professional practicing pursuant to a credent…

21 NCAC 68 .0620 PUBLICATION OF ETHICS SANCTIONS Sanctions of admonition, reprimand, censure, suspension, or revocation of a credential shall be published by the Board. History Note: Authority G.S. 90-113.30; 90-113.33; 90-113.42; 90-113.43; 90-113.44; Eff. August 1, 2002; Amende…

SECTION .0700 – APPEALS PROCESS 21 NCAC 68 .0701 HEARING BEFORE BOARD: TIME REQUIREMENT (a) Upon denial, suspension, or revocation of a credential, the applicant may request a hearing before the Board which will serve as the appeals hearing body. (b) Requests for an appeals heari…

21 NCAC 68 .0702 RIGHT TO HEARING (a) When the Board proposes to deny, suspend, or revoke a credential, it shall give notice to the person(s) affected of the right to an administrative hearing. (b) The notice shall be mailed by certified mail to the person at his or her last know…

21 NCAC 68 .0703 REQUEST FOR HEARING (a) Any applicant to be credentialed by this Board who believes their rights, duties or privileges have been affected by the Board's administrative action but who has not received notice of a right to an administrative hearing, may file a form…

21 NCAC 68 .0704 HEARING REQUESTS (a) The Board shall decide whether to grant a request for a hearing at its next regularly scheduled meeting following receipt of the request. (b) A denial of a request for a hearing shall be issued following a decision by the Board. Such denial s…

21 NCAC 68 .0705 NOTICE OF HEARING Notices of administrative hearings of the Board shall include the following: (1) the name, position, address, and telephone number of a member, employee, or agent of the Board to contact for further information or discussion; (2) a statement tha…

21 NCAC 68 .0706 WHO SHALL HEAR CONTESTED CASES Administrative hearings shall be heard by the Board or, upon determination by the Board, the Office of Administrative Hearings in accordance with G.S. 150B-40(e). The Chair or their designee shall be responsible for the conduct of a…

21 NCAC 68 .0707 PETITION FOR INTERVENTION (a) Any person seeking to intervene in a contested case shall file a written petition with the Board. The envelope of such request shall bear the notation "PETITION TO INTERVENE IN THE CASE OF (NAME OF CASE)." (b) The petition shall incl…

21 NCAC 68 .0708 TYPES OF INTERVENTION History Note: Authority G.S. 90-113.30; 90-113.39; 90-113.40; Eff. August 1, 1996; Repealed Eff. December 1, 2020.

21 NCAC 68 .0709 DISQUALIFICATION OF BOARD MEMBER (a) Self-disqualification of Board Member. If for any reason the Board member determines that factors render them unable to conduct or participate in the hearing and perform all duties in an impartial manner, they shall notify the…

CHAPTER 69 – BOARD FOR LICENSING OF SOIL SCIENTISTS SECTION .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS 21 NCAC 69 .0101 AUTHORITY: NAME AND LOCATION OF BOARD The "North Carolina Soil Scientist Licensing Act", G.S. 89F, establishes and authorizes the "North Carolina Board for…

21 NCAC 69 .0102 DUTIES OF OFFICERS History Note: Authority G.S. 89F-5; Temporary Adoption Eff. May 15, 1996; Eff. April 1, 1997; Pursuant to G.S. 150B-21.3A, rule Expired January 1, 2015.

21 NCAC 69 .0103 SEAL OF THE BOARD The official seal of the Board is the Seal of the State of North Carolina. History Note: Authority G.S. 89F-5; Temporary Adoption Eff. May 15, 1996; Eff. April 1, 1997; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public in…

21 NCAC 69 .0104 FEES Each completed application form shall be accompanied by the prescribed fee. Application fees shall not be refunded regardless of Board approval or disapproval of the application. Fees for services of the Board shall be as follows: (1) application for license…

SECTION .0200 - LICENSING OF SOIL SCIENTISTS 21 NCAC 69 .0201 APPLICATION PROCEDURE (a) All applicants for licensing shall furnish the following: (1) A legible official copy of their college transcript(s), and verification of graduation sent directly from the institution to the B…

21 NCAC 69 .0202 EXPIRATIONS AND RENEWALS OF CERTIFICATES (a) The annual renewal fee of fifty dollars ($50.00) shall be payable to the Board. The Board shall send to each licensed soil scientist a form that requires the registrant to provide the Board with his business and reside…

SECTION .0300 - CONTINUING PROFESSIONAL COMPETENCY 21 NCAC 69 .0301 INTRODUCTION Every licensee shall meet the continuing professional education requirements of this Section as a condition for license renewal. History Note: Authority G.S. 89F-5; Temporary Adoption Eff. May 15, 19…

21 NCAC 69 .0302 DEFINITIONS Terms used in this Section are defined as follows: (1) Professional Development Hour (PDH) - One contact hour (nominal) of instruction or presentation. (2) College/Unit Semester/Quarter Hour - Credit assigned by a college or university for a completed…

21 NCAC 69 .0303 REQUIREMENTS Every licensee shall obtain 45 PDH units during each three year period of licensing. If a licensee exceeds the required number of units in any triennial period, a maximum of 15 PDH units may be carried forward into the subsequent period. Selection of…

21 NCAC 69 .0304 UNITS The conversion of other units of credit to PDH units is as follows: (1) 1 College or unit semester hour 15 PDH; (2) 1 College or unit quarter hour 10 PDH; (3) 1 Hour of professional development in course work, seminars, or professional or technical presenta…

21 NCAC 69 .0305 DETERMINATION OF CREDIT The Board for Licensing of Soil Scientists shall have final authority with respect to approval of courses, sponsors, credit, PDH value for courses, and other methods of earning credit. PDH credits are not earned until the activity is compl…

21 NCAC 69 .0306 RECORDKEEPING (a) Each licensee shall maintain records to be used to support credits claimed. Records required include: (1) a log showing the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits ea…

21 NCAC 69 .0307 EXEMPTIONS A licensee shall be granted leniency from the continuing professional development educational requirements for one of the following reasons: (1) A licensee serving on temporary active duty in the armed forces of the United States for a period of time e…

21 NCAC 69 .0308 REINSTATEMENT A licensee may bring an inactive license to active status by obtaining all delinquent PDH units and paying the restoration fee. However, if the total number required to become current exceeds 30, then 30 shall be the maximum number required. History…

SECTION .0400 - STANDARDS OF PROFESSIONAL CONDUCT 21 NCAC 69 .0401 CODE OF PROFESSIONAL CONDUCT (a) A soil scientist shall conduct his practice in order to protect the public health, safety, life and welfare. The soil scientist shall at all time recognize his primary obligation t…

21 NCAC 69 .0402 RULES OF CONDUCT OF ADVERTISING (a) A soil scientist shall not make misleading, deceptive or false statements or claims about his professional qualifications, experience or performance in his brochures, correspondence, listings or other public communications. (b)…

SECTION .0500 - DISCIPLINARY ACTION AND PROCEDURE 21 NCAC 69 .0501 IMPROPER PRACTICE BY LICENSEE (a) Duty of the Board. When the Board becomes aware of a complaint, it shall send a "letter of inquiry" to the soil scientist involved and to the complainant. The soil scientist shall…

CHAPTER 01 - N.C. HOUSING FINANCE AGENCY SUBCHAPTER 01A - GENERAL PROVISIONS 24 NCAC 01A .0101 GENERAL INFORMATION The following is general information about the North Carolina Housing Finance Agency: (1) The chief officers are the chairman, vice-chairman, executive director, and…

24 NCAC 01A .0102 PURPOSES: FUNCTIONS: DUTIES History Note: Authority G.S. 122A-2; 122A-5; Eff. May 28, 1976; Transferred from T15: 14 Eff. December 1, 1981; Expired Eff. October 1, 2017 pursuant to G.S. 150B-21.3A.

24 NCAC 01A .0103 COMPOSITION OF BOARD OF DIRECTORS History Note: Authority G.S. 122A-4; 122A-5; Eff. May 28, 1976; Amended Eff. February 1, 1982; February 10, 1978; Transferred from T15: 14 Eff. December 1, 1981; Amended Eff. March 1, 1984; Repealed Eff. July 1, 1988.

24 NCAC 01A .0104 DEFINITIONS The following words and terms, unless their context shall clearly indicate a different definition, shall be defined and mean as follows: (1) "Act" shall mean Chapter 122A of the General Statutes of North Carolina, being known as the "North Carolina H…

24 NCAC 01A .0105 FORMS From time to time, the board of directors of the agency shall approve and adopt for purposes of the agency, forms relevant to any lawful activities of the agency, including forms designed to effect the purchase by the agency of a mortgage loan under the ag…

SUBCHAPTER 1B - RULEMAKING PROCEDURES 24 NCAC 01B .0101 RULE-MAKING AND ADMINISTRATIVE HEARING PROCEDURES History Note: Authority G.S. 122A-5; 150B-12; 150B-14; 150B-23; Eff. May 28, 1976; Amended Eff. February 10, 1978; Transferred from T15: 14 Eff. December 1, 1981; Amended Eff…

24 NCAC 01B .0102 DECLARATORY RULINGS History Note: Authority G.S. 150A-17; 122A-5; Eff. May 28, 1976; Amended Eff. February 10, 1978; Transferred from T15: 14 Eff. December 1, 1981; Repealed Eff. February 1, 1982.

24 NCAC 01B .0103 CONTESTED CASE HEARINGS History Note: Authority G.S. 150A-23; 122A-5; Eff. May 28, 1976; Amended Eff. February 10, 1978; Transferred from T15: 14 Eff. December 1, 1981; Repealed Eff. February 1, 1982.

24 NCAC 01B .0104 DECLARATORY RULINGS History Note: Authority G.S. 122A-5; 150B-17; Eff. February 1, 1989; Expired Eff. October 1, 2017 pursuant to G.S. 150B-21.3A.

24 NCAC 01B .0105 PETITIONS FOR RULEMAKING History Note: Authority G.S. 122A-5; 150B-12; 150B-16; Eff. August 1, 1989; Expired Eff. October 1, 2017 pursuant to G.S. 150B-21.3A.