NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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PROPOSED RULESthose objections by mail, delivery service, hand delivery, orfacsimile transmission. If you have any further questionsconcerning the submission of objections to the Commission,please call a Commission staff attorney at 919-733-2721.Fiscal ImpactStateLocalSubstantive (>$3,000,000)NoneSECTION .0100 – PURPOSE21 NCAC 20 .0106 REGISTRATION FEESFees sent to the Board for any segment of the registrationprocess may be in the form of money orders, bank drafts, orchecks payable to the Secretary, Board of Registration forForesters. The application fee for registration is thirty fivedollars ($35.00)fifty dollars ($50.00), which shall be submittedby the applicant at the time of application. An approvedapplicant shall submit an additional fee of forty dollars ($40.00)to receive a certificate of registration. Annual renewal fee isthirty dollars ($30.00)forty dollars ($40.00).Authority G.S. 89B-6; 89B-10; 89B-11.* * * * * * * * * * * * * * * * * * * *CHAPTER 29 – LOCKSMITH LICENSING BOARDNotice is hereby given in accordance with G.S. 150B-21.2 thatthe NC Locksmith Licensing Board intends to adopt the rulescited as 21 NCAC 29 .0701-.0704, .0801-.0806.Proposed Effective Date: February 1, 2005Public Hearing:Date: October 4, 2004Time: 11:00 a.m.Location: 1004 Dresser Ct., Raleigh, NCReason for Proposed Action: New Occupational LicensingBoard with first license renewal applications due late 2005.Procedure by which a person can object to the agency on aproposed rule: Write to the Board office, attend public hearingor any Board meeting.Written comments may be submitted to: Laura J. Busse, P.O.Box 10972, Raleigh, NC 27605.Comment period ends: November 15, 2004Procedure for Subjecting a Proposed Rule to LegislativeReview: If an objection is not resolved prior to the adoption ofthe rule, a person may also submit written objections to theRules Review Commission. If the Rules Review Commissionreceives written and signed objections in accordance with G.S.150B-21.3(b2) from 10 or more persons clearly requestingreview by the legislature and the Rules Review Commissionapproves the rule, the rule will become effective as provided inG.S. 150B-21.3(b1). The Commission will receive writtenobjections until 5:00 p.m. on the day following the day theCommission approves the rule. The Commission will receivethose objections by mail, delivery service, hand delivery, orfacsimile transmission. If you have any further questionsconcerning the submission of objections to the Commission,please call a Commission staff attorney at 919-733-2721.Fiscal ImpactStateLocalSubstantive (>$3,000,000)NoneSECTION .0700 – LICENSE RENEWALREQUIREMENTS21 NCAC 29 .0701 APPLICATION FORMAll applications for license renewal shall be submitted on theform specified by the Board for this purpose and shall beaccompanied by the following required items:(1) Two frontal photos of the applicant's face,taken within the preceding three months, sizeone inch by one inch;(2) a criminal history report, certified by the lawenforcement agency or clerk of court in theapplicant's county of residence;(3) a criminal history report, certified by the lawenforcement agency or clerk of court in theapplicant's county of employment, if differentfrom the county of residence;(4) complete and truthful explanations ofaffirmative responses to questions on theapplication regarding employment history,criminal history and military service, ifapplicable;(5) payment in full of all applicable fees, by checkor money order;(6) a copy of the applicant's military dischargedocument (DD-214 or equivalent) if theapplicant has actively served in the militarysince applying for his previously grantedlicense;(7) a log, in a format specified by the Board, ofContinuing Education hours earned during theprevious license period, including the sponsorof the program or course, the name of theinstructor or lecturer, the date, the number ofhours and a brief description of the subjectmatter included in the course or program.Authority G.S. 74F-6; 74F-10.21 NCAC 29 .0702 DUE DATEApplications for license renewal shall be submitted at least 90days prior to the date of license expiration. Applicationssubmitted after the due date but before the license expiration19:06 NORTH CAROLINA REGISTER September 15, 2004618
PROPOSED RULESdate shall be subject to a late fee as specified in GS 74F-9.Applications shall be deemed submitted on the date of theirpostmark or upon receipt by staff at the Board's offices,whichever is earlier.Authority G.S. 74F-6; 74F-9; 74F-10.21 NCAC 29 .0703 REINSTATEMENT OF EXPIREDLICENSEA former licensee may apply for reinstatement of an expiredlicense only if he has completed at least eight contact-hours ofcontinuing education within one year preceding the application.Applicants for reinstatement must pay license renewal,reinstatement and late fees in accordance with G.S. 74F-9 alongwith the application.Authority G.S. 74F-6; 74F-9; 74F-10.21 NCAC 29 .0704 ESTABLISHMENT OF MORALAND ETHICAL CHARACTER(a) The Board shall apply the same standards specified in Rule.0402 of this Chapter to determine each licensee's fitness forlicense renewal or reinstatement.(b) Applicants must disclose all criminal convictions notincluded on previous applications for licensure. Failure todisclose any criminal conviction may be grounds for denial oflicense renewal or reinstatement.(c) The Board may deny a request for license renewal orreinstatement when it determines that the applicant has violatedthe Code of Ethics in Section .0500 of this Chapter.Authority G.S. 74F-6; 74F-7; 74F-10.SECTION .0800 - CONTINUING EDUCATION21 NCAC 29 .0801 DEFINITIONSThe following definition shall apply to the rules of this Section:"Contact Hour" means a minimum of 50 minutes of contact.Authority G.S. 74F-6.21 NCAC 29 .0802 REQUIREMENTS(a) Every licensee shall obtain 24 contact hours during eachthree year renewal cycle, with the following exceptions:(1) Persons exempted from eight contact hours inRule .0805 of this Section;(2) Persons applying for renewal of licenses whichexpire on or before June 30, 2006 shall have atleast eight contact hours of continuingeducation;(3) Persons applying for renewal of licenses whichexpire between July 1, 2006 and June 30, 2007shall have at least 16 contact hours ofcontinuing education.(b) The contact hours shall be in technical and professionalsubjects directly related to the practice of locksmithing.(c) Licensees shall not carry forward any contact hours into thesubsequent renewal period.(d) Licensees shall verify completion of the contact hours for theprevious license period with their application for licenserenewal.Authority G.S. 74F-6.21 NCAC 29 .0803 DETERMINATION OF CREDIT(a) The Board has final authority with respect to approval ofcourse sponsors, courses, programs and contact hours.(b) The Board shall not pre-approve individual courses orprograms. The Board may enter into agreements with courseand program sponsors in which the sponsor agrees to offercourses and programs that comply with the subject matterrequirements of this Section and agrees to maintain for a periodof four years the records of course content and attendance, andagrees to permit a representative of the Board to monitor orreview any course or program the sponsor offers to NorthCarolina Licensed Locksmiths for credit. Provided the sponsorcomplies with the sponsor agreement, the Board shall accept aspresumptively valid contact hours earned by licensees fromapproved sponsors.(c) Credit for teaching or instructing qualifying courses shallearn continuing education credit for the instructor at the samerate as for participants.(d) Licensees may claim credit for contact hours for courses orprograms that have not been presented by approved sponsors butonly credit from approved sponsors shall be presumptively valid.The Board may audit the compliance of individual licensees andmay require proof of participation in courses or programs thatconform with the content and contact hour calculation containedin the Rules of this Section. Such proof shall be in the form ofrecords maintained pursuant to Rule .0804 of this Section.Authority G.S. 74F-6.21 NCAC 29 .0804 RECORD KEEPINGThe licensee shall maintain records to support credits claimedand supply such records to the Board upon request. The Boardrequires:(1) A log showing the type of activity claimed,sponsoring organization, location, duration,the name of the instructor or speaker and thecontact hours earned; or(2) Attendance certificates or other evidence ofparticipation; or(3) A transcript from an approved sponsordetailing the licensee's attendance.Authority G.S. 74F-6.21 NCAC 29 .0805 EXCEPTIONSA licensee shall be exempt from the continuing educationrequirement for one calendar year per renewal cycle for any ofthe following reasons:(1) A licensee serving on temporary active duty inthe armed forces of the United States for aperiod exceeding 120 consecutive days withinthe year.19:06 NORTH CAROLINA REGISTER September 15, 2004619
Page 1 and 2: NORTH CAROLINAREGISTERIN THIS ISSUE
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Page 5 and 6: EXECUTIVE ORDERSEXECUTIVE ORDER NO.
Page 7 and 8: EXECUTIVE ORDERSThis Executive Orde
Page 9 and 10: IN ADDITIONNC DENR will provide aux
Page 11 and 12: IN ADDITION1. In construction where
Page 13 and 14: PROPOSED RULESNote from the Codifie
Page 15 and 16: PROPOSED RULES(5) four or more crim
Page 17 and 18: PROPOSED RULESAuthority G.S. 17E-4;
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Page 21 and 22: PROPOSED RULEStraining in all topic
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Page 27 and 28: PROPOSED RULESexpiration of the ins
Page 29 and 30: PROPOSED RULESOF ON-SITE SUBSURFACE
Page 31 and 32: PROPOSED RULESdemonstration backups
Page 33 and 34: PROPOSED RULESthat the standards se
Page 35 and 36: PROPOSED RULESsubsequent changes in
Page 37: PROPOSED RULES(6) "Successful Compl
Page 41 and 42: PROPOSED RULESunauthorized overtime
Page 43 and 44: PROPOSED RULES(9) Regular hourly ra
Page 45 and 46: PROPOSED RULESAuthority G.S. 126-4.
Page 47 and 48: PROPOSED RULESschedules. The employ
Page 49 and 50: TEMPORARY RULESNote from the Codifi
Page 51 and 52: TEMPORARY RULESsought, whether or n
Page 53 and 54: APPROVED RULESterm of the loan with
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Page 59 and 60: RULES REVIEW COMMISSIONThis Section
Page 61 and 62: RULES REVIEW COMMISSION1 NCAC 41C .
Page 63 and 64: RULES REVIEW COMMISSIONVictim Safet
Page 65 and 66: RULES REVIEW COMMISSIONAmend/*Equip
Page 67 and 68: RULES REVIEW COMMISSIONRepeal/*Floo
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Page 73 and 74: CONTESTED CASE DECISIONSThis Sectio
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NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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