North Carolina Administrative Code

11 NCAC 08 .0815 FINAL BOARD ORDER (a) If after the close of a contested case hearing the Board decides that an official's conduct does not justify the suspension or revocation of his certificate but that his conduct does fail to conform to the standards of good code enforcement …

11 NCAC 08 .0819 GENERAL Governed by the principles of fairness, uniformity, and punctuality, the following general rules apply: (1) The Rules of Civil Procedure as contained in G.S. 1A-1, the General Rules of Practice for the Superior and District Courts as authorized by G.S. 7A…

11 NCAC 08 .0820 DEFINITIONS The definitions contained in G.S. 150B-2, including subsequent amendments, are incorporated herein by reference. In addition to the definitions in 11 NCAC 8 .0801(a), the following definitions apply to this Section: (1) "File or filing" means to place…

11 NCAC 08 .0821 ORDER FOR PREHEARING STATEMENTS The hearing officer may serve all parties with an order for prehearing statements together with, or after service of, the notice of hearing. Every party thus served shall, within 30 days after service, file the requested statements…

11 NCAC 08 .0822 DUTIES OF THE HEARING OFFICER In conjunction with the powers in this Section and in G.S. 143-151.17, the hearing officer shall perform the following duties, consistent with law: (1) Hear and rule on motions; (2) Grant or deny continuances; (3) Issue orders regard…

11 NCAC 08 .0823 CONSENT ORDER; SETTLEMENT; STIPULATION Informal disposition may be made of a contested case or an issue in a contested case by stipulation, agreement, or consent order at any time during the proceedings. Parties may enter into such agreements on their own or may …

11 NCAC 08 .0824 SETTLEMENT CONFERENCE (a) A settlement conference is for the primary purpose of assisting the parties in resolving disputes and for the secondary purpose of narrowing the issues and preparing for hearing. (b) Upon the request of any party, the hearing officer sha…

11 NCAC 08 .0825 PREHEARING CONFERENCE (a) The purpose of the prehearing conference is to simplify the issues to be determined; to obtain stipulations in regard to foundations for testimony or exhibits; to obtain stipulations of agreement on nondisputed facts or the application o…

11 NCAC 08 .0826 CONSOLIDATION OF CASES (a) The hearing officer may order a joint hearing of any matters at issue in contested cases involving common questions of law or fact or multiple proceedings involving the same or related parties, or may order the cases consolidated or mak…

11 NCAC 08 .0827 DISCOVERY (a) Discovery methods are means designed to assist parties in preparing to meet their responsibilities and protect their rights during hearings without unduly delaying, burdening or complicating the hearings process and with due regard to the rights and…

11 NCAC 08 .0828 SUBPOENAS (a) 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 issued in accordance with G.S. 150B-39(c) and G.S. 1A-1 Rule 45. (b) A subpoena shall be serve…

11 NCAC 08 .0829 SANCTIONS (a) If a party fails to appear at a hearing or fails to comply with an interlocutory order of the hearing officer, the hearing officer may: (1) Find that the allegations of or the issues set out in the notice of hearing or other pleading may be taken as…

11 NCAC 08 .0830 MOTIONS (a) Any application to the hearing officer for an order shall be by motion, which shall be in writing unless made during a hearing, and must be filed and served upon all parties not less than 10 days before the hearing, if any, is to be held either on the…

11 NCAC 08 .0831 INTERVENTION (a) Any person not named in the notice of hearing who desires to intervene in a contested case as a party shall file a timely motion to intervene and shall serve the motion upon all existing parties. Timeliness will be determined by the hearing offic…

11 NCAC 08 .0832 CONTINUANCES (a) A request for a continuance of a hearing shall be granted upon a showing of good cause. Unless time does not permit, a request for a continuance of a hearing shall be made in writing to the hearing officer and shall be served upon all parties of …

11 NCAC 08 .0833 RIGHTS AND RESPONSIBILITIES OF PARTIES (a) A party has the right to present evidence, rebuttal testimony, and argument with respect to the issues of law and policy, and to cross-examine witnesses, including the author of a document prepared by, on behalf of, or f…

11 NCAC 08 .0834 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 hearing officer's own motion, th…

11 NCAC 08 .0835 EVIDENCE (a) The North Carolina Rules of Evidence as found in Chapter 8C of the General Statutes govern in all contested case proceedings, except as provided otherwise in this Section and G.S. 150B-41. (b) The hearing officer may admit all evidence that has proba…

11 NCAC 08 .0836 OFFICIAL RECORD (a) The official record of a contested case is available for public inspection upon reasonable request. The hearing officer may, upon good cause shown and consistent with law, order part or all of an official record sealed. (b) The official record…

SECTION .0900 - MANUFACTURED HOUSING BOARD 11 NCAC 08 .0901 MANUFACTURED HOUSING BOARD The North Carolina Manufactured Housing Board is established to provide for a comprehensive framework for regulation of all segments of the manufactured housing industry. The Commissioner of In…

11 NCAC 08 .0902 ADDRESS The mailing address for the North Carolina Manufactured Housing Board is: North Carolina Manufactured Housing Board, c/o North Carolina Department of Insurance, 1202 Mail Service Center, Raleigh, NC 27699-1202. History Note: Authority G.S. 143-143.8; 143-…

11 NCAC 08 .0903 RULE-MAKING AND HEARING PROCEDURES Copies of Standards and rules adopted by the Manufactured Housing Board or the Commissioner of Insurance may be obtained by writing or calling: North Carolina Manufactured Housing Board Manufactured Building Division 1202 Mail S…

11 NCAC 08 .0904 FORMS (a) An application for a license as a manufactured housing manufacturer or manufactured housing dealer shall include the following: (1) the name of the person or business applicant; (2) the business address of the applicant; (3) the state under whose laws t…

11 NCAC 08 .0905 LICENSING (a) Any person employed by a dealer whose occupational activity is that of selling on behalf of the retail dealership shall be licensed as a salesperson. Each salesperson's license shall be conspicuously displayed at all times by the dealership employin…

11 NCAC 08 .0906 DUTIES AND RESPONSIBILITIES OF BOARD (a) The Board shall be required to keep minutes and records of all its transactions, proceedings and meetings, and duly certified copies thereof shall be sufficient to comply with the rules of evidence. (b) The Board may inves…

11 NCAC 08 .0907 UNFAIR COMPETITION AND DECEPTIVE PRACTICES Unfair methods of competition or unfair or deceptive commercial acts or practices shall include, but not be limited to: (1) Failure to perform repairs, alterations and/or additions completely or in a workmanlike and comp…

11 NCAC 08 .0908 SUSPENSION OF IMMINENT SAFETY HAZARD PERIOD (a) Suspension of the five day period to remedy imminent safety hazards in the event of widespread defects or damages resulting from adverse weather conditions or other natural catastrophes authorized by G.S. 143-143.18…

11 NCAC 08 .0909 MAINTENANCE OF RECORDS (a) Every manufactured housing manufacturer, supplier, dealer, and set-up contractor shall maintain for at least five years all service records. (b) Every manufactured housing manufacturer, supplier, dealer, or set-up contractor shall maint…

11 NCAC 08 .0910 COMPLAINT HANDLING AND INSPECTION PROCEDURE (a) Complaints received by telephone shall be confirmed in writing over the signature of the owner or his or her agent; however, this shall not delay any action to resolve the complaint. Complaints shall be processed as…

11 NCAC 08 .0911 SALESMAN EXAM; TEMPORARY LICENSE; LICENSE TRANSFER; FEES (a) A salesman's license shall be issued to any applicant after the Board has approved the applicant's criminal history record check upon receipt by the Board of a properly executed application, receipt of …

11 NCAC 08 .0912 SET-UP CONTRACTOR EXAMS (a) Definitions. The definitions contained in G.S. 143-143.9 are incorporated into this Rule by reference. As used in this Rule, "qualifier" means an individual taking the examination on behalf of an applicant that is not an individual. (b…

11 NCAC 08 .0913 EXTENSION OF TEMPORARY LICENSE FOR MANUFACTURED HOUSING SALESPERSON History Note: Authority G.S. 143-143.10(b)(1); 143-143.10(b)(4); 143-143.11; Emergency Adoption Eff. April 20, 2020; Emergency Adoption Expired June 30, 2020; Temporary Adoption Eff. August 28, 2…

SECTION .1000 - N.C. HOME INSPECTOR LICENSURE BOARD 11 NCAC 08 .1001 OFFICERS The term of each officer shall be one year. Officers shall serve until a successor is elected and installed. Officers shall be eligible for re-election. History Note: Authority G.S. 143-151.48(a); Codif…

11 NCAC 08 .1002 MEETINGS History Note: Authority G.S. 143-151.48(a); Codifier determined that agency findings did not meet criteria for temporary rule Eff. October 15, 1996; Temporary Adoption Eff. October 24, 1996; Eff. July 1, 1998; Repealed Eff. March 1, 2010.

11 NCAC 08 .1003 PERSONS AND PRACTICES NOT AFFECTED Registered architects, professional engineers, and licensed general contractors do not need home inspector licenses to make on site inspections of residential buildings for which they are preparing plans, designs, specifications…

11 NCAC 08 .1004 EQUIVALENT EXPERIENCE (a) The Board shall consider equivalent experience of applicants who do not meet the experience requirements of G.S. 143-151.51(5)a. Any one of the following descriptions of experience is considered sufficient to meet the equivalent experien…

11 NCAC 08 .1005 RECIPROCITY If an applicant is licensed as a home inspector in another state that has laws and rules that are similar to G.S. 143, Article 9F and to the rules of the Board, the Board shall accept that license as evidence of experience. However, the applicant shal…

11 NCAC 08 .1006 insurance requirements (a) To be licensed as a home inspector, an applicant must meet the requirements set forth in G.S. 143-151.51(b) including general liability insurance that meets the following requirements: (1) The general liability insurance policy must cov…

11 NCAC 08 .1007 EXAMINATION An applicant must pass an examination administered by the Board. The examination shall be administered at least twice each year. The applicant must answer 70% of the questions correctly to receive a passing grade. The examination shall include questio…

11 NCAC 08 .1008 APPLICATIONS FOR LICENSES Persons may obtain license applications from the Board after they pay the appropriate fee. Applicants shall return a completed application form and any supporting documentation to the Board at least 30 days before the next scheduled exam…

11 NCAC 08 .1009 DISPLAY OF LICENSE Home inspectors shall display their licenses at their places of business. If a home inspector works out of his or her home, the inspector shall keep the license on file in the home. History Note: Authority G.S. 143-151.49; 143-151.51; Codifier …

11 NCAC 08 .1010 APPEALS OF DENIALS The initial evaluations of license applications shall be made by the Board's staff. Any applicant wishing to appeal the staff's decision to deny his or her application shall make a written request for a review to the Board's Application Evaluat…

11 NCAC 08 .1011 FEE SCHEDULE (a) The following fees apply to the licensure of home inspectors: Application for Home Inspector License $ 35.00 Home Inspector Examination $ 80.00 Issuance or Renewal of Home Inspector License $160.00 Late Renewal of Home Inspector License $ 30.00 C…

11 NCAC 08 .1012 SUSPENSION OF AUTHORITY TO EXPEND FUNDS In the event that the Board's authority to expend funds is suspended pursuant to G.S. 93B-2(d), the Board shall continue to issue and renew licenses. All fees tendered shall be placed in an escrow account maintained by the …

11 NCAC 08 .1013 reserved for future codification

11 NCAC 08 .1014 reserved for future codification

11 NCAC 08 .1015 reserved for future codification

11 NCAC 08 .1016 reserved for future codification

11 NCAC 08 .1017 reserved for future codification

11 NCAC 08 .1018 reserved for future codification