North Carolina Administrative Code

11 NCAC 08 .1415 CE REQUIREMENTS (a) In order to renew an active manufactured housing salesperson or set-up contractor license for license periods beginning on or after July 1, 2003, and in accordance with G.S. 143-143.11B(a), a licensee shall have completed the number of credit …

11 NCAC 08 .1416 CONTINUING EDUCATION COORDINATOR Every sponsor of a CE course shall designate one person to serve as the Continuing Education Coordinator for all Board-approved continuing education courses offered by the sponsor. The designated Coordinator shall serve as the off…

11 NCAC 08 .1417 MONITORING ATTENDANCE (a) Continuing Education Coordinators, or their designees, shall monitor attendance for the duration of each class session to assure that all students reported as satisfactorily completing a course have attended at least 90 percent of the sc…

11 NCAC 08 .1418 INSTRUCTOR REQUIREMENTS (a) Instructors shall assure that class sessions are started on time and are conducted for the full amount of time that is scheduled. Instructors shall also assure that each CE course is taught according to the course outline and plan that…

11 NCAC 08 .1419 STUDENT PARTICIPATION STANDARDS (a) In addition to requiring student compliance with the attendance requirement, sponsors and instructors shall require that students comply with the following student participation standards: (1) A student shall direct his or her …

11 NCAC 08 .1420 STUDENT FEE FOR CE COURSES The sponsor of an approved CE course may establish the amount of the fee to be charged to students taking the course. The established fee shall be an all-inclusive fee, and no separate or additional fee may be charged to students for pr…

11 NCAC 08 .1421 MINIMUM CLASS SIZE The minimum class size for any session of an approved CE course shall be five students, as determined by the sponsor's preregistration records. The minimum class size requirement shall not apply to class sessions when the sponsor notifies the B…

11 NCAC 08 .1422 CLASSES OPEN TO ALL LICENSEES All class sessions of approved CE courses shall be open to all licensees on a first-come, first-served basis. The sponsor of a course that has a bona fide education or experience prerequisite may refuse admission to a licensee who do…

11 NCAC 08 .1423 CLASSROOM FACILITIES A classroom in which a course is provided shall: (1) Accommodate all enrolled students; (2) Be equipped with student desks, worktables with chairs, or other seating arrangement which provides a surface whereby each student can sit and write; …

11 NCAC 08 .1424 STUDENT CHECK-IN Upon initially checking in for a class session, sponsors and instructors shall require licensees to provide their manufactured housing salesperson license number or set-up contractor license number and qualifier number. Student identity shall be …

11 NCAC 08 .1425 ACCOMMODATIONS FOR PERSONS WITH DISABILITIES Course sponsors may deviate from Board rules concerning the conduct of CE courses, such as rules addressing classroom facilities, minimum class size, and instructional methods, as may be necessary in order for the spon…

11 NCAC 08 .1426 COURSE COMPLETION REPORTING (a) The Continuing Education Coordinator designated by the sponsor in accordance with 11 NCAC 08 .1416 shall prepare and submit to the Board reports verifying completion of a CE course for each licensee who satisfactorily completes the…

11 NCAC 08 .1427 retention of COURSE RECORDS All course sponsors shall retain records of student registration, attendance, and course completion for each session of a CE course for five years. All course sponsors shall make these records available to the Board upon request. Histo…

11 NCAC 08 .1428 REQUEST FOR VIDEO OF AN ELECTIVE COURSE If concerns about the quality of a course or instructor are made known to the Board, the Board shall, through written request, require that the sponsor of an approved CE course submit to the Board a video depicting the cour…

11 NCAC 08 .1429 CHANGE IN SPONSOR OWNERSHIP The approval granted to a course sponsor may be transferred to a new or different person, firm, or corporation only with the prior approval of the Board. The Board shall approve the transfer if the transferee satisfies the accreditatio…

11 NCAC 08 .1430 COURSE MONITORS A course sponsor shall admit authorized representatives of the Board to monitor any CE class without prior notice. Board representatives shall not be required to register or pay any fee and shall not be reported as having completed the course. His…

11 NCAC 08 .1431 NON-RESIDENT LICENSEES AND CE CREDITS A non-resident licensee may obtain required CE credits as set forth in this section. If a non-resident licensee resides in a state requiring continuing education for a manufactured housing license, the courses or educational …

11 NCAC 08 .1432 NON-COMPLIANCE If a licensee fails to complete the CE requirements specified in these Rules by June 30 of a given license year, his or her license shall not be renewed. A licensee may renew at any time prior to the following June 30, but may not operate as either…

11 NCAC 08 .1433 DISTANCE EDUCATION COURSES A sponsor requesting approval of a distance education course shall comply with 11 NCAC 08 .1405. Additionally, the proposed distance education course shall satisfy the following criteria, as applicable: (1) The course shall be designed …

SECTION .1500 - ALTERNATIVE DESIGN AND CONSTRUCTION APPEALS 11 NCAC 08 .1501 TIME FOR APPEAL AND DOCUMENTS REQUIRED Within 30 days after the date a local authority having jurisdiction ("local authority") notifies a designer or owner-representative that the local authority has dec…

11 NCAC 08 .1502 SERVICE ON LOCAL AUTHORITY The designer or owner-representative shall provide the local authority with a written notice of the appeal and copies of all documents the designer or owner-representative provides to the Engineering Division in accordance with Rule .15…

11 NCAC 08 .1503 RESPONSE BY LOCAL AUTHORITY Within five business days after the date the appeal is received by the Engineering Division, the local authority may file a response to the appeal with the Engineering Division at the same address in Rule .1501 of this Section. History…

11 NCAC 08 .1504 REVIEW OF LOCAL AUTHORITY DECISION (a) If the Engineering Division determines that the requested alternative design and construction does not conform to the requirements of the Code, and does not provide the equivalent level of protection of public health, safety…

11 NCAC 08 .1505 ADMINISTRATIVE AND JUDICIAL REVIEW A party that is aggrieved by the determination of the Engineering Division may appeal to the Building Code Council pursuant to G.S. 143-141. History Note: Authority G.S. 143-140.1; Eff. March 1, 2008; Pursuant to G.S. 150B-21.3A…

SECTION .1600 ALTERNATIVE INSPECTIONS 11 NCAC 08 .1601 DEFINITIONS As used in this Section: (1) "Alternative inspection" means an inspection conducted by a Qualified Marketplace Inspector pursuant to G.S. 143-139.4 and the rules of this Section. (2) "Authority having jurisdiction…

11 NCAC 08 .1602 REQUEST FOR AN ALTERNATIVE INSPECTION (a) Each request for an alternative inspection may request only one of the types of inspections outlined in G.S. 143-139(b). Any additional inspections, including a follow-up inspection, require a new written request by the p…

11 NCAC 08 .1603 QUALIFIED MARKETPLACE INSPECTORS (a) In order to conduct an alternative inspection in accordance with G.S. 143-139.4 and the rules of this Section, a Qualified Marketplace Inspector shall meet the requirements of a code enforcement official contained in 11 NCAC 0…

11 NCAC 10 .0104 REFUSAL TO INSURE No insurer shall refuse to write any insurance solely because coverage was terminated by another insurer or because the risk was previously insured in a residual market plan. History Note: Authority G.S. 58-2-40; 58-3-25; 58-3-120; 58-36-1; 58-3…

11 NCAC 10 .0105 MANUSCRIPT OR INDIVIDUAL RISK FILINGS (a) Within 60 days after the inception date of a manuscript or individual risk policy, the insurer shall submit to the Department's Property and Casualty Division: (1) Any form or endorsement not previously filed with the Dep…

SECTION .0200 - RATES AND FORMS SECTION 11 NCAC 10 .0201 GENERAL INFORMATION History Note: Authority G.S. 58-9; 58-54; 58-124.17; 58-124.28; 58-173.1 to 58-180.2; Eff. February 1, 1976; Readopted Eff. July 11, 1978; Repealed Eff. July 1, 1988.

11 NCAC 10 .0202 POLICY FORM FILINGS History Note: Authority G.S. 58-9; 58-54; 58-131.56; 58-131.41; Eff. February 1, 1976; Readopted Eff. July 11, 1978; Amended Eff. July 1, 1986; Repealed Eff. January 1, 1989.

11 NCAC 10 .0305 EMPLOYEES: CARS: NOT INSURED IN EMPLOYER'S FLEET POLICY It is the policy of the N.C. Department of Insurance that the insuring of employees' automobiles in fleet policies of their employer at lower rates than those which apply to other owners of private automobil…

11 NCAC 10 .0306 DIVIDEND PAYMENT REQUIREMENTS Dividends are to be paid from company surplus uniformly. Dividends are to be paid upon termination of policy year or term from surplus in excess of any minimum surplus required of the company. Advance payment of dividends is not perm…

11 NCAC 10 .0307 NATION-WIDE MARINE DEFINITION ADOPTED The nation-wide marine definition as adopted by the National Association of Insurance Commissioners in December of 1976 which sets forth the type and kinds of insurance that are to be regarded as marine insurance is adopted b…

11 NCAC 10 .0308 PREPAID LEGAL EXPENSE PROVISIONS History Note: Authority G.S. 58-9; 84-23.1; Eff. July 11, 1978; Amended Eff. January 1, 1989; Repealed Eff. May 1, 1994.

11 NCAC 10 .0311 AUDITED DATA: HOMEOWNERS AND WORKERS' COMPENSATION History Note: Authority G.S. 58-9; 58-25.1; 58-124.18(d); 58-124.20; Eff. September 3, 1981; Repealed Eff. September 1, 1989.

11 NCAC 10 .0312 ADDITIONAL INFORMATION History Note: Filed as a Temporary Rule Eff. January 19, 1987 for a Period of 120 Days to Expire on May 18, 1987; Filed as a Temporary Rule Eff. September 2, 1986 for a Period of 120 Days to Expire on December 31, 1986; Statutory Authority …

11 NCAC 10 .0313 ENDORSEMENTS TO BUREAU RESIDENTIAL PROGRAMS (a) For the purposes of G.S. 58-41-10(a), a "residential risk" is a risk covered under any of the following North Carolina Rate Bureau residential programs: Homeowners Program, Dwelling Fire and Extended Coverage Progra…

SECTION .0400 - FIRE AND CASUALTY RATING ORGANIZATIONS 11 NCAC 10 .0401 GENERAL PROVISIONS History Note: Authority G.S. 58-9; 58-125; 58-131.35; 58-131.43; Eff. February 1, 1976; Readopted Eff. July 11, 1978; Repealed Eff. July 1, 1988.

11 NCAC 10 .0406 INSURER'S REPORT ON RATING ORGANIZATIONS History Note: Authority G.S. 58-9; 58-131.41; Eff. July 11, 1978; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017; Expired Eff. December 1, 2024 pursuant to G.S. 150B…

SECTION .0600 - CONSENT TO RATE 11 NCAC 10 .0601 GENERAL INFORMATION History Note: Authority G.S. 58-124.23(b); 58-131.39(c); Eff. February 1, 1976; Readopted Eff. July 11, 1978; Amended Eff. January 1, 1989; Repealed Eff. July 1, 1992.

11 NCAC 10 .0602 CONSENT TO RATE PROCEDURES: RATE BUREAU COVERAGES (a) This Rule applies to automobile physical damage, excess motor vehicle liability coverage and residential property with not more than four housing units. Insurers may charge a premium in excess of that promulga…

11 NCAC 10 .0603 CONSENT TO RATE PROCEDURES: COMMERCIAL COVERAGES (a) An initial (first time) application to effect consent to rate on a specific risk of coverage subject to Article 40 of G.S. 58, in excess of the rate promulgated by a licensed rating organization or filed by a c…

11 NCAC 10 .0604 AUTOMOBILE LIABILITY: NON-ESSENTIAL COVERAGES History Note: Authority G.S. 58-131.39(c); Eff. February 1, 1976; Readopted Eff. July 11, 1978; Amended Eff. July 1, 1986; Repealed Eff. January 1, 1989.

11 NCAC 10 .0605 CONSENT TO RATE AUTO LIABILITY COVERAGE When the consent to rate procedures under G.S. 58-36-30(b) are used to provide motor vehicle liability coverage at higher liability limits as required by an excess liability insurer, the required consent to rate notice shal…

11 NCAC 10 .0606 CONSENT TO RATE PROCEDURES History Note: Authority G.S. 58-2-40(1); 58-36-30(b); 58-40-30(c); Temporary Adoption Eff. November 8, 1996; Eff. July 1, 1998; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017; Rep…

SECTION .0700 - INSURANCE IN UNLICENSED FOREIGN AND ALIEN COMPANIES 11 NCAC 10 .0701 GENERAL INFORMATION Citizens who are unable to procure insurance on risks in this state in companies licensed to write insurance in this state may procure policies of insurance in unlicensed fore…

11 NCAC 10 .0702 PROCEDURE FOR PROCURING INSURANCE IN UNLICENSED COMPANIES History Note: Authority G.S. 58-21-15; 58-423; Eff. February 1, 1976; Readopted Eff. July 11, 1978; Amended Eff. July 1, 1986; Repealed Eff. April 1, 2001.

11 NCAC 10 .0703 APPROVAL OF INSURANCE IN NON-ADMITTED INSURANCE COMPANIES History Note: Authority G.S. 58-2-40; 58-21-20; Eff. February 1, 1976; Readopted Eff. July 11, 1978; Amended Eff. January 1, 1989; July 1, 1986; Pursuant to G.S. 150B-21.3A, rule is necessary without subst…

11 NCAC 10 .0711 FORM F History Note: Authority G.S. 58-2-40(1); 58-21-35; Eff. February 1, 1976; Readopted Eff. July 11, 1978; Amended Eff. July 1, 1986; Repealed Eff. December 1, 2007.