NC Register Volume 16 Issue 15 - Office of Administrative Hearings

More documents

Recommendations

Info

(a) Citations. The Board, through its duly authorizedrepresentatives, shall issue a citation with respect to anyviolation for which a civil penalty may be assessed. Eachcitation shall be in writing and shall describe the nature of theviolation, including a reference to the specific provision allegedto have been violated. The civil penalty, if any, shall attach at thetime the citation is written. The citation shall include an order tocorrect any condition or violation which lends itself tocorrections, as determined by the Board.(b) Correction of Violation. Any licensee who has been issued awarning citation must present written proof satisfactory to theBoard, or its executive director, that the violation has beencorrected. This provision applies only to a licensee's firstviolation in any one year period for a violation with a lst offensewarning penalty. Proof of correction shall be presented to theBoard, through its executive director, within 30 days of the datethe warning citation was issued. The Board may extend for areasonable period, the time within which to correct the warningcitation upon the showing of good cause. Notices of correctionfiled after the prescribed date shall not be acceptable and thecivil penalty shall be paid.(c) Contested Case. Persons to whom a notice of violation or acitation is issued and a civil penalty assessed, may contest thecivil penalty by filing written notice with the Board. The Boardshall institute a contested case by sending a notice of hearingpursuant to G.S. 150B, Article 3A. The issuance of notice ofhearing shall stay the civil penalty until the Board renders a finalagency decision in the contested case.(d) Final Agency Decision. The Board, after the hearing hasbeen concluded, may affirm, reduce, or dismiss the charges filedin the notice of hearing or any penalties assessed. In no eventshall the civil penalty be increased.(e) Failure to File. If no written notice contesting the civilpenalty is filed as set forth in Paragraph (c) of this Rule, the civilpenalty becomes a final agency decision.(f) Any offender who has not committed a previously citedoffense for three consecutive years, shall have their record of thespecific offense cleared. Any subsequent violation would betreated as a first offense.Authority G.S. 88B-4; 88B-29.SUBCHAPTER 14Q – CONTINUING EDUCATIONSECTION .0100 – TEACHER CONTINUINGEDUCATION21 NCAC 14Q .0101 TEACHER CONTINUINGEDUCATION(a) Teacher's continuing education (CE) programs shall beapproved by the NC State Board of Cosmetic Art Examiners(Board), having met the criteria established by the Board. Eachprogram shall be conducted and monitored by one of thefollowing statewide organizations in conjunction with the Board:(1) National Cosmetology Association of NorthCarolina;(2) High School Cosmetology Educators of NorthCarolina;(3) NC State Beauticians and CosmetologistsAssociation;PROPOSED RULES16:15 NORTH CAROLINA REGISTER February 1, 20021663(4) Cosmetologist Instructors Association of theNC Community College System;(5) NC Private School Owners Association; or(6) NC Aestheticians Association.Note: If a provider is associated with or a member of any of thepreceding associations, they may be approved.(b) Any other Board approved statewide group or associationwho can present a satisfactory program to the Board, may beeligible to conduct such a program, provided they candemonstrate proper control procedures.(c) The Continuing Education Program shall meet the followingcriteria for approval:(1) all seminars must include at least 50% ofsubject matter in the cosmetic arts and/orteacher training techniques. Estheticianteachers and manicurist teachers mustcomplete CE only in that area in which theyare licensed. CE must not promote a particularsystem or product;(2) all seminars shall be monitored by theresponsible organization including signing inand out of participants to assure the presenceof participants for the required contact hours;and(3) all organizations/providers shall present to theBoard Curriculum Committee, no earlier thanJuly 1, 2002 and no later than August 30,2002, a program outline which shall include,but may not be limited to, the following:(A) Date;(B) Time;(C) Place;(D) Instructors Name(s);(E) Course outline including lesson plans;(F) List of monitors; and(G) Fees.Programs approved by the Curriculum Committee will besubmitted to the Board during their October meeting for fullapproval. Programs will be approved through September 30,2003. The next CE submission period will be July 1 – August30, 2002 with programs being effective October 1, 2002 –September 30, 2003.Authority G.S. 88B-4; 88B-21(e).21 NCAC 14Q .0102 ATTENDANCE VERIFICATIONAll providers shall complete an attendance verification form,approved and provided by the Board, verifying participantattendance and must be submitted in a format approved by theBoard.(1) The monitor shall verify the participants'attendance and signature on the verificationform.(2) Each provider shall mail completed forms tothe Board Operations Officer.(3) The forms shall be kept on record with theBoard as verification that the participant hasmet the Continuing Education requirements.(4) All participants shall receive from the Board, aContinuing Education Unit (CEU) certificateproving verification.
Authority G.S. 88B-4; 88B-21(e).21 NCAC 14Q .0103 CERTIFICATING AGENTThe Board will serve as the certificating agent providing CEUcertificates for participants when the following conditions aremet:(1) The program submitted by any of the programproducing associations/providers must be fullyapproved by the Board. Upon notification ofapproval, the association/provider must submita five dollar ($5.00) postage/handling/copyingfee no less than 30 days prior to a proposedseminar date. Failure to meet this requirementwill result in CE cancellation;(2) All attendance verification forms and monitorforms will be sent to the appropriateassociation/provider at least two weeks prior tothe start of the seminar(s);(3) All attendance verification forms must beforwarded to the Board before the certificatingprocess can begin. Certificates will be mailedto the participants;(4) The postage/handling/copying fee shallinclude:(a) a CEU certificate for participant;(b) attendance verification forms,(c)seminar monitor forms; andpermanent transcripts developed andmaintained on each participant.Retrieval of transcripts byparticipants will be subject to a fivedollar ($5.00) postage/handling fee;(5) Attendance verification forms shall benecessary for all participants in order tocomplete the certificating process.Authority G.S 88B-4; 88B-21(e).21 NCAC 14Q .0104 PROGRAM SITESEach association/provider shall submit to the Board CurriculumCommittee by August 30, 2002, all program sites. The Boardshall be notified of any changes in sites during the year theprograms are ongoing.Authority G.S. 88B-4; 88B-21(e).21 NCAC 14Q .0105 GENERAL PROGRAMFORMAT, TIME FRAME, SPACE(a) The program shall consist of no more than six clock hoursper day. This does not include breaks and lunch periods.(b) The program shall include at least 50% of subject matter inthe cosmetic arts and/or teacher training techniques. Nopromotion of, or selling of products/systems can take place.(c) All associations/providers shall adhere to the approvedprogram format.(d) Any change in the approved program format must receiveapproval by the Board Executive Director.(e) If the program for any reason is late starting, the ending timeshall be extended accordingly.(f) There shall be no early dismissals.PROPOSED RULES16:15 NORTH CAROLINA REGISTER February 1, 20021664(g) Adequate space shall be provided so that each attendee shallbe able to see and hear all segments of the program.(h) Comfortable chairs shall be provided.(i) Smoking shall be curtailed while the program is in session.Smoking shall take place only during breaks and lunch periodsand only in designated areas.(j) Regular cosmetic art school classes shall not take placeduring the same time as the CE Program is taking place.Authority G.S. 88B-4; 88B-21(e).21 NCAC 14Q .0106 INSTRUCTORS ANDMONITORS OF CONTINUING EDUCATIONPROGRAMSEach association/provider shall by August 30, 2002, submit tothe Board a list of instructors and monitors for the followingfiscal years' program. For programs limited to 15 students orless, the instructor may also serve as the program monitor.(1) Instructors shall be licensed cosmetic artinstructors, or current/past officers of anysponsoring association as listed in Rule .0101Subparagraphs (a)(1)-(6) of this Section. Anydeviation from this list must receive approvalby the Board.(2) Instructors shall not receive CEU credit forany Continuing Education Program they teach.(3) A monitor shall be on duty at all times whilethe program is ongoing.(4) Monitors shall see that all attendees sign acheck in and check out form for the AM andPM sessions.(5) It shall be the duty of the monitor to see thatorder is maintained at all times and that theattendance verification forms are properlycompleted.Authority G.S. 88B-4; 88B-21(e).21 NCAC 14Q .0107 POSTAGE/HANDLING FEEEach association/provider must submit a nonrefundable fivedollar ($5.00) fee per seminar to cover administrativecertificating and verification costs. This includes the costs ofdocumentation copies, handling and postage.Authority G.S. 88B.21 NCAC 14Q .0108 PROOF OF ATTENDANCEAfter completion of the program and within 10 working days,monitor forms and all attendance verification forms must be sentto the Board. The Board must also be notified in writing of thecancellation of any seminar within 10 working days followingthe proposed seminar date.Authority G.S. 88B-4; 88B-21(e).21 NCAC 14Q .0109 BOARD TO OBSERVEPROGRAMThe Board or its designated agents may observe any ContinuingEducation Program at any time.Authority G.S. 88B-4; 88B-21(e).
Page 1 and 2: NORTH CAROLINAIN THIS ISSUEI. EXECU
Page 3 and 4: NORTH CAROLINA REGISTERPublication
Page 5 and 6: EXECUTIVE ORDERSEXECUTIVE ORDER NO.
Page 7 and 8: (l) Six members from non-profit age
Page 9 and 10: IN ADDITIONThis Section contains pu
Page 11 and 12: IN ADDITIONU.S. Department of Justi
Page 13 and 14: IN ADDITIONU.S. Department of Justi
Page 15 and 16: IN ADDITIONPUBLIC HEARING NOTICETIT
Page 17 and 18: RULE-MAKING PROCEEDINGSA Notice of
Page 19 and 20: PROPOSED RULESfor public hearing ma
Page 21 and 22: (2) the characteristics which make
Page 23 and 24: shall be allowed shall be non-domes
Page 25 and 26: Person CountyPitt CountyVance Count
Page 27 and 28: PROPOSED RULESCreek and all tributa
Page 29: esult in the termination of the int
Page 33 and 34: (D)(E)experience shall be considere
Page 35 and 36: (4) Examination. The examination fe
Page 37 and 38: competence in the subject matter, a
Page 39 and 40: (3) The licensee's written signatur
Page 41 and 42: adio signals of the Department of D
Page 43 and 44: TEMPORARY RULESThis Section include
Page 45 and 46: (3) provide documentation of all as
Page 47 and 48: (i) pediatric patient which equals
Page 49 and 50: Eff. November 1, 1990;Temporary Ame
Page 51 and 52: quarter of the third year of operat
Page 53 and 54: (2) document the assumptions and pr
Page 55 and 56: accepted medical practice at each f
Page 57 and 58: TEMPORARY RULES8 (Gaston) June 1, 2
Page 59 and 60: (19) There are 10 categories of pro
Page 61 and 62: TEMPORARY RULESCleveland Yadkin War
Page 63 and 64: TEMPORARY RULES12Cherokee, Clay, Gr
Page 65 and 66: the multi-county groupings as defin
Page 67 and 68: (A) If the number of five-bed ICF/M
Page 69 and 70: TEMPORARY RULESGaston 1Wake 1(b) Fi
Page 71 and 72: TEMPORARY RULESthere is no need for
Page 73 and 74: TEMPORARY RULEScounty's June 30, 20
Page 75 and 76: (C)certificate of need has beenissu
Page 77 and 78: TEMPORARY RULESVance 1Watauga 1Wilk
Page 79 and 80: 20 miles of the Academic Medical Ce
Page 81 and 82:
(C)(D)nursing care was not known to
Page 83 and 84:
(b) Need Determination for at Least
Page 85 and 86:
Comment Procedures: Written comment
Page 87 and 88:
entitled to receive such informatio
Page 89 and 90:
(A) during open seasons prescribed
Page 91 and 92:
TEMPORARY RULESTemporary Adoption E
Page 93 and 94:
(2) an originally executed copy of
Page 95 and 96:
History Note: Authority G.S. 78C-16
Page 97 and 98:
(B)(C)TEMPORARY RULES(i.e., purchas
Page 99 and 100:
administrator by its examiners orot
Page 101 and 102:
(1) Uniform Termination Notice for
Page 103 and 104:
electronically (if it has not previ
Page 105 and 106:
Authority for the rulemaking: G.S.
Page 107 and 108:
mobile/modular homes not to exceed
Page 109 and 110:
Temporary Amendment Eff. October 1,
Page 111 and 112:
Lisa MartinLinda RaynorDedra Alston
Page 113 and 114:
RULES REVIEW COMMISSION21 NCAC 58C
Page 115 and 116:
RULES REVIEW COMMISSIONAccrued Paym
Page 117 and 118:
RULES REVIEW COMMISSIONCertificatio
Page 119 and 120:
CONTESTED CASE DECISIONSThis Sectio
Page 121 and 122:
CONTESTED CASE DECISIONSLuther I Go
Page 123 and 124:
CONTESTED CASE DECISIONSPandora M.
Page 125 and 126:
CONTESTED CASE DECISIONSFordion Pac
Page 127 and 128:
CONTESTED CASE DECISIONSTown of Mur
show all

NC Register Volume 16 Issue 15 - Office of Administrative Hearings

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?