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NC Register Volume 16 Issue 15 - Office of Administrative Hearings

NC Register Volume 16 Issue 15 - Office of Administrative Hearings

NC Register Volume 16 Issue 15 - Office of Administrative Hearings

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from the Board and shall timely claimcorrespondence from the U. S. Postal Service,or other delivery service, sent to the licenseefrom the Board.(h) A Pr<strong>of</strong>essional Engineer or Pr<strong>of</strong>essional Land Surveyor whohas received a reprimand or civil penalty or whose pr<strong>of</strong>essionallicense is revoked, suspended, denied, or surrendered as a result<strong>of</strong> disciplinary action by another jurisdiction shall be subject todiscipline by the Board if the licensee's action constitutes aviolation <strong>of</strong> G.S. 89C or the rules adopted by the Board.Authority G.S. 89C-17; 89C-20.SECTION .0800 – FIRM REGISTRATION21 <strong>NC</strong>AC 56 .0804 ANNUAL RENEWAL(a) Renewal. The certificate <strong>of</strong> licensure for a pr<strong>of</strong>essionalcorporation, limited liability company or business firm shall berenewed annually.(b) Expiration. The certificate <strong>of</strong> licensure shall expire on thelast day <strong>of</strong> June following its issuance by the Board and shallbecome invalid on that date unless renewed.(c) Written Application. Upon written application on a renewalform prescribed by the Board accompanied by the prescribed fee<strong>of</strong> fifty dollars ($50.00), the Board shall renew the certificate <strong>of</strong>licensure providing that the firm has complied with all rules <strong>of</strong>the Board and applicable General Statutes <strong>of</strong> North Carolina.The form shall be mailed to all registrants in good standing nolater than June 1st. A late fee is applied in accordance with G.S.89C-17. The licensed entity shall give notice to the Board <strong>of</strong> achange <strong>of</strong> business address within 30 days <strong>of</strong> the change.(d) Failure <strong>of</strong> a firm to renew its certificate <strong>of</strong> licensure withinone year <strong>of</strong> the expiration date shall require the firm to submit anew application for a new certificate <strong>of</strong> licensure in accordancewith all requirements <strong>of</strong> these Rules and <strong>of</strong> all applicablestatutes.Authority G.S. 55B-11; 57C-2-01; 89C-10; 89C-14; 89C-17;89C-24.SECTION .0900 – BUSINESS ORGANIZATIONS:GENERAL21 <strong>NC</strong>AC 56 .0901 OFFICES(a) Pr<strong>of</strong>essional Engineering Services. Every firm, partnership,corporation or limited liability company which performs or<strong>of</strong>fers to perform engineering services in the State <strong>of</strong> NorthCarolina shall have a resident Pr<strong>of</strong>essional Engineer inresponsible charge in each separate <strong>of</strong>fice in which pr<strong>of</strong>essionalengineering services are performed or <strong>of</strong>fered to be performed.(b) Land Surveying Services. Every firm, partnership,corporation or limited liability company which performs or<strong>of</strong>fers to perform land surveying services in the State <strong>of</strong> NorthCarolina shall have a resident Pr<strong>of</strong>essional Land Surveyor inresponsible charge in each separate <strong>of</strong>fice in which landsurveying services are performed or <strong>of</strong>fered to be performed.(c) Resident. A resident Pr<strong>of</strong>essional Engineer or Pr<strong>of</strong>essionalLand Surveyor as used in this Rule, means a licensee whospends a majority <strong>of</strong> the licensee's normal working time in saidplace <strong>of</strong> business. Such time shall not be less than a majority <strong>of</strong>the operating hours <strong>of</strong> the business. A Pr<strong>of</strong>essional Engineer orPROPOSED RULES<strong>16</strong>:<strong>15</strong> NORTH CAROLINA REGISTER February 1, 2002<strong>16</strong>71Pr<strong>of</strong>essional Land Surveyor shall be the resident licensee at onlyone place <strong>of</strong> business at one time unless each business is at leastone-third owned by the resident pr<strong>of</strong>essional and is specificallyapproved by the Board after a determination that the businessesare integrated in operation, ownership, <strong>of</strong>fice location and thatthe licensee will be in responsible charge <strong>of</strong> the pr<strong>of</strong>essionalservices.(d) No firm, partnership, corporation or limited liabilitycompany shall practice, or <strong>of</strong>fer to practice, or market either landsurveying or engineering unless there is a licensed resident forthat service in responsible charge at that said place <strong>of</strong> business.Advertisements, signs, letterheads, business cards, directories, orany other form <strong>of</strong> representation shall avoid any reference to anyservice that cannot be provided under the responsible charge <strong>of</strong> aproperly qualified resident pr<strong>of</strong>essional. The licensed entityshall give notice to the Board <strong>of</strong> a change <strong>of</strong> residentpr<strong>of</strong>essional within 30 days after the change and shall notpractice, or <strong>of</strong>fer to practice, or market the pr<strong>of</strong>essional serviceduring any period <strong>of</strong> time without a resident pr<strong>of</strong>essional.Authority G.S. 57C-2-01; 89C-10; 89C-24.SECTION .1100 - SEAL21 <strong>NC</strong>AC 56 .1103 STANDARD CERTIFICATIONREQUIREMENTS(a) Certification <strong>of</strong> Final Drawings. Drawings or maps notconforming to Paragraph (c) <strong>of</strong> this subsection shall conform tothe following:(1) Certification is required on reproducibles ororiginal drawings;(2) The seal may be a rubber stamp, embossedseal, computer-generated seal, or otherfacsimile that becomes a permanent addition toa plan sheet or map;(3) The licensee's written signature must be placedover, or near, the seal on the originaldocument. A facsimile signature is notacceptable;(4) The date <strong>of</strong> signing must be annotated on theoriginal document;(5) All sheets <strong>of</strong> engineering and surveyingdrawings must be sealed; and(6) The name and address <strong>of</strong> the licensee's firmshall be included on each sheet <strong>of</strong> engineeringdrawings. For surveys, the licensee's nameand address shall be included on the first sheet<strong>of</strong> the survey or title sheet; and(7) Any revision on a drawing after a licensee'scertification is affixed shall be noted and datedand if not done under the responsible charge <strong>of</strong>the same licensee shall be separately certified.(b) Certification <strong>of</strong> Specifications and Reports. Allspecifications, reports, or other documents, including letterreports and calculations, not conforming to Paragraph (c) <strong>of</strong> thisRule shall conform to the following:(1) Certification is required on originalspecifications, reports, or other documents,including letter reports and calculations;(2) The seal may be a rubber stamp, or otherfacsimile;

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