Section .0100 ‑ General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 34 - funeral service/subchapter a/subchapter a rules.html
Published: 2015

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CHAPTER 34 ‑ BOARD OF FUNERAL SERVICE

 

SUBCHAPTER 34A ‑ BOARD FUNCTIONS

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

21 NCAC 34A .0101          AGENCY NAME and ADDRESS

The name of the agency promulgating the rules in this

Chapter is the North Carolina Board of Funeral Service.  As used in these

Rules, the word "Board" shall refer to this agency.  The office of

the Board is located at 1033 Wade Avenue, Suite 108, Raleigh, North Carolina 27605. 



 

History Note:        Authority G.S. 90‑210.22; 90‑210.23(a);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. July 1, 2004; November 1, 2001; December 1,

1993; July 1, 1991; October 1, 1983.

21 NCAC 34A .0102          PURPOSE OF BOARD

 

History Note:        Authority G.S. 90-210.23(a),(i);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. August 1, 2004; May 1, 1993; July 1, 1991;

Repealed Eff. August 1, 2012.

 

21 NCAC 34A .0103          PETITION FOR NOMINATION

All petitions for nomination of a person to the North

Carolina Crematory Authority must be submitted on forms provided by the Board. 

The nominee shall furnish the name of the nominee and the signatures of three

crematory operators. 

 

History Note:        Authority G.S. 90-210.122(c); 90-210.134(a);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. January 1, 2009; August 1, 2004; July 1,

1991.

 

21 NCAC 34A .0104          VOTING RECORDS

The Board shall maintain records for elections to the North

Carolina Crematory Authority to show that a ballot was mailed to each crematory

licensee and to show whether a ballot-enclosing envelope has been returned.  Voting

records shall include the name, address, and license number of the crematory

operator, a record of whether and when the ballot has been mailed, and a record

of whether and when the ballot-enclosing envelope has been returned.

 

History Note:        Authority G.S. 90‑210.23(a);

90-210.122(c); 90-210.134(a);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. January 1, 2009; August 1, 2004; July 1,

1991; September 1, 1979.

 

21 NCAC 34A .0105          PUBLIC INSPECTION OF MATERIALS

 

History Note:        Authority G.S. 90-210.23(a),(i);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. August 1, 1988; September 1, 1979;

Repealed Eff. August 1, 2012.

 

21 NCAC 34A .0106          REQUESTS FOR REASONS FOR ADOPTION OF

RULE

For the purpose of dealing with a request by an interested

person for a statement of reasons for adoption of a rule pursuant to G.S. 150B‑12(e),

an "interested person" shall be defined as any person affected by the

rule.  The request shall be in writing and dated and signed by the person

submitting the same and shall be submitted in person or by mail to the office

of the Board.  It shall include a description of the rule referred to, and it may

include any arguments or data the person believes to be relevant in connection

with his request.  The Board shall, not later than 15 days following the

adoption of the rule or 15 days following the receipt of the request, whichever

is later, deposit in the United States mail, postage prepaid, a written

statement addressed to the person making the request, informing him as to the

principal reasons for and against the adoption of the rule, incorporating

therein the Board's reasons for overruling the consideration urged against its

adoption.

 

History Note:        Authority G.S. 90‑210.23(a); 150B‑11(1);

150B‑12(e);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. August 1, 1988.

 

 

 

21 NCAC 34A .0107          REQUESTS FOR PROMULGATION: AMENDMENT

OR REPEAL

For the purpose of dealing with a petition of any person

requesting an agency to adopt a rule, pursuant to G.S. 150B-20, the following

procedures shall apply:

(1)           The petition shall be in writing and dated and

verified by the petitioner and shall be submitted in person or by mail to the

office of the Board.

(2)           The petition shall contain the name and address of

the petitioner; his license number or numbers if licensed by the Board; his

current employment; a description of the existing rule sought to be amended or

repealed; a statement of the proposed rule or amendment to a rule; an argument

in support of the petition; and a statement of how the proposed rule, amendment

or repeal of a rule would affect the petitioner, if at all.

(3)           Within the time limits prescribed by G.S. 150B-20 the

Board shall meet, at which meeting at least a quorum of its members shall be

present, to consider the petition.  At such meeting the Board shall decide, by

majority vote of those present, whether to deny the petition or to initiate

rule‑making proceedings in accordance with G.S. 150B-21.1, G.S.

150B-21.1A, and G.S. 150B-21.2.  Rule‑making shall be initiated if the

Board concludes, based on a study of the facts involved, that the public

interest will be served thereby.  The Board shall consider all of the contents

of the submitted petition, plus any additional information it deems relevant. 

The Board shall, within the time limits prescribed by G.S. 150B-20, deposit in

the United States mail, postage prepaid, a written statement addressed to the

petitioner informing him as to whether the Board denied or approved the

petition.  If the decision is to deny the petition, such written statement

shall include the Board's reasons for the denial.  If the decision is to

approve the petition, the Board shall proceed to issue notices of proposed rule‑making

within the time limits prescribed by G.S. 150B-20.

 

History Note:        Authority G.S. 90‑210.23(a); 150B‑20;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. July 1, 2004; August 1, 1988.

 

21 NCAC 34A .0108          REQUESTS FOR DECLARATORY RULING

(a)  For the purpose of dealing with a request by a person

aggrieved for a declaratory ruling, pursuant to G.S. 150B-4, the following

procedures shall apply:

(1)           The request shall be in writing on a form provided

by the Board, dated and verified by the person submitting the same, and shall

be submitted in person or by mail to the office of the Board.

(2)           The form shall require the individual to

submit the name and address of the person submitting the same; his or her

license number or numbers if licensed by the Board; his or her current

employment; a description of the rule or statute referred to; a statement of

any facts the applicability of which to a rule or statute the person is

questioning; and a statement of the manner in which the person is aggrieved by

the rule or statute or its potential application to him or her.

(3)           Within 30 days after receiving such a

request completed form, the Board shall meet, at which meeting at least a

quorum of its members shall be present, to consider the request.  At such

meeting the Board shall make a decision by majority vote of those present as to

whether to issue the ruling.  The Board shall issue a ruling except:

(A)          when it finds that the person making the request is

not a "person aggrieved", as defined in G.S. 150B‑2(6); or

(B)          when it finds, in a request concerning the validity

of a rule, that the circumstances are so unchanged since the adoption of the

rule in question that a ruling would not be warranted; or

(C)          when it finds, in a request concerning the validity

of a rule, that the rulemaking record shows that the Board considered all

specified relevant factors when it adopted the rule in question.

(b)  The Board shall, not later than the 60th day after it

received such a request, deposit in the United States mail, postage prepaid, a

written statement addressed to the person making the request and setting forth

the Board's ruling on the merits of the request for a declaratory ruling, or

setting forth the reason the ruling was not made, as the case may be.  If the

Board decides to make the ruling, it may make the ruling at the meeting

convened to consider the request, or it may defer its ruling until a later

date, but not later than the 60th day after the request for a ruling is

received.  Before making the ruling the Board may gather additional

information, may give notice to other persons and may permit such other persons

to submit information or arguments under such conditions as are set forth in

such notice.  Such ruling shall be made by the Board at a meeting at which at

least a quorum of its members shall be present and by majority vote of those

present.

 

History Note:        Authority G.S. 90‑210.23(a); 150B‑4;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. January 1, 2009; July 1, 2004.

 

21 NCAC 34A .0109          ADMINISTRATIVE HEARING PROCEDURES

The following rules establishing procedures for contested

cases, adopted by the Office of Administrative Hearings and contained in Title

26, Chapter 3 of the North Carolina Administrative Code, are hereby

incorporated by reference for contested cases for which the Board has authority

to adopt rules under G.S. 150B‑38(h):  .0101(1), .0105, .0106, .0112,

.0113, .0114, .0115, .0116, .0117, .0118, .0119, .0120, .0121, .0122 and .0125. 

This incorporation is made under G.S. 150B‑ 21.6 and applies to the

listed rules in 26 NCAC 03 as amended as of January 1, 2004.  References in

such rules to the Office of Administrative Hearings shall be deemed for this

purpose to be references to the Board, and the presiding officer for board

hearings shall have the powers and duties given in such rules to the

administrative law judge.  Copies of the rules adopted by reference are on file

in the Board's office and may be obtained there.

 

History Note:        Authority G.S. 90‑210.23(a),(d);

150B‑21.6; 150B‑38(h);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. July 1, 2004; December 1, 1988; July 1,

1988.

 

21 NCAC 34A .0110          REQUEST FOR HEARING IN CONTESTED CASE

21 NCAC 34A .0111          GRANTING: DENYING HEARING REQUEST:

CONTESTED CASE

21 NCAC 34A .0112          NOTICE OF HEARING IN CONTESTED CASE

21 NCAC 34A .0113          WHO SHALL HEAR

21 NCAC 34A .0114          PETITION FOR INTERVENTION IN CONTESTED

CASE

21 NCAC 34A .0115          TYPES OF INTERVENTION

21 NCAC 34A .0116          SUBPOENAS

 

History Note:        Authority G.S. 90‑210.23(a),(d);

150B‑11; 150B‑23; 150B‑27; 150B‑32(a);

150B‑34; 150B‑36;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. July 1, 1988.

 

 

 

21 NCAC 34A .0117          FORM OF SUBPOENA

All subpoenas shall be issued on forms provided by the

Board.  The subpoena shall furnish the name of the contested case; the name of

the person subpoenaed; the date, time, and place to appear; the name of the

person or persons applying for the subpoena; and any other information the

Board deems necessary as determined by law.  The form shall be signed and dated

by an authorized representative of the Board and the party serving the

subpoena, if applicable.

 

History Note:        Authority G.S. 90‑210.23(a);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. August 1, 2004; August 1, 1988.

 

21 NCAC 34A .0118          FORM OF SUBPOENA TO PRODUCE DOCUMENT

OR OBJECT

All subpoenas to produce documents or objects shall be

issued on forms provided by the Board. The subpoena shall furnish name of the

contested case; the name of the person subpoenaed; the date, time, and place to

appear; a description of the documents or objects to bring; the name of the

person or persons applying for the subpoena; and any other information the

Board deems necessary as required by law.  The subpoena shall be signed and dated

by an authorized representative of the Board and the party serving the

subpoena, if applicable.

 

History Note:        Authority G.S. 90‑210.23(a);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. August 1, 2004; August 1, 1988.

 

21 NCAC 34A .0119          FINAL DECISION IN CONTESTED CASE

21 NCAC 34A .0120          PROPOSAL FOR DECISION IN CONTESTED

CASE

 

History Note:        Authority G.S. 90‑210.23(a),(d);

150B‑11; 150B‑23; 150B‑27; 150B‑32(a);

150B‑34; 150B‑36;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Repealed Eff. July 1, 1988.

 

 

 

21 NCAC 34A .0121          NOTICE MAILING LIST

Any person or agency desiring to be placed on the mailing

list for board rulemaking notices may file such request in writing with the

Board office, furnishing his or its name and mailing address.  The letter of request

should state those subject areas within the authority of the Board for which

notice is requested.  The Board may require reasonable postage and stationery

costs to be paid by persons receiving such notices.

 

History Note:        Authority G.S. 90‑210.23(a); 150B‑11(1);

Eff. February 1, 1976;

Readopted Eff. September 27, 1977.

 

 

 

21 NCAC 34A .0122          CHARACTER AFFIDAVIT FORM

Affidavits of good moral character shall be furnished on

forms provided by the Board.  The affiant shall furnish the name and address of

the affiant, the name of the applicant, the length of time the affiant has been

acquainted with the applicant, an affirmation of the good moral character of

the applicant, certification by a notary public, and other information the

Board deems necessary as required by law.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.26;



Eff. September 1, 1979;

Amended Eff. August 1, 2004. 

 

21 NCAC 34A .0123          CONSUMER COMPLAINT FORM

The Board may provide consumer complaint forms.  The

complainant shall furnish the names and addresses of all parties involved, a

description of the complaint, the signature of the complainant, and other information

that the Board deems necessary as required by law.

 

History Note:        Authority G.S. 90‑210.23(a); 90‑210.18(a);

90‑210.25(e); 90-210.134(a);

Eff. September 1, 1979;

Recodified from 21 NCAC 34 .0124 Eff. February 7, 1991;

Amended Eff. August 1, 2004.

 

21 NCAC 34A .0124          SOLICITATION

(a)  Definitions.  As used in this Rule:

(1)           "Licensee" shall mean a person

licensed by the Board as a funeral service, funeral director, or embalmer.

(2)           "Real-time communication" shall

mean any in-person, live telephone, or real-time electronic contact.

(3)           "Solicit" shall mean engaging in

the act of solicitation.

(4)           "Solicitation," shall mean any

uninvited, intentional contact with an individual for the purpose of procuring

the right to provide funeral services or merchandise, either immediately or at

a future date when financial gain is a significant motive. 

(b)  All licensees of the Board must comply with the

following in order to avoid committing solicitation as prohibited by G.S.

90-210.25(e)(1)d:

(1)           A licensee of the Board shall not solicit

professional employment from a prospective customer by real-time communication

when a significant motive for the licensee's doing so is the licensee's

pecuniary gain, unless the person contacted:

(A)          is a licensee; or

(B)          has a family, close personal, or prior professional

relationship with the licensee.

(2)           A licensee shall not solicit professional

employment from a prospective customer by real-time communication or by

written, recorded or electronic communication that is not a real-time

communication even when allowed by Parts (b)(1)(A) or (b)(1)(B) of this Rule

if:

(A)          the prospective customer has made known to the

licensee a desire not to be solicited by the licensee; or

(B)          the solicitation involves coercion, duress,

harassment, compulsion, intimidation, or threats.

(3)           Every written, recorded or electronic

communication that is not a real-time communication from a licensee soliciting

professional employment from a prospective customer known to be in need of

funeral services for an imminent or recent death shall include the words

"This is an advertisement for funeral services" on the outside

envelope, if a written communication sent by mail, and at the beginning of the

body of a written or electronic communication in print as large or larger than

the licensee's or licensee's business name, and at the beginning and ending of

any recorded or electronic communication, unless the recipient of the

communication is a person specified in Parts (b)(1)(A) or (b)(1)(B) of this

Rule.

(c)  A licensee shall violate this Rule whenever any agent,

employee, or assistant of the licensee violates  Subparagraphs (b)(1), (b)(2),

or (b)(3) of this Rule with the knowledge, direction, or consent of the licensee.

 

History Note:        Authority G.S. 90‑210.23(a);

90-210.25(e)(1)d;

Eff. April 1, 1987;

Recodified from 21 NCAC 34 .0126 Eff. February 7, 1991;

Amended Eff. February 1, 2009; July 1, 2004.

 

21 NCAC 34A .0125          FINGERPRINTS

The Board shall require applicants for registration as

resident trainees and for licensure to submit to a fingerprint check; provided,

however, the Board may waive this requirement for an applicant for licensure

who previously submitted to a fingerprint check as an applicant for

registration as a resident trainee.

 

History Note:        Authority G.S. 90-210.23(a);

90-210.25(a)(1), (2), (3), (4); 90-210.25(e)(1);

90-210.43(f); 90-210.50(a); 90-210.67(b), (c);

90-210.69(a), (c);

Eff. August 2, 1993.

 

 

 

21 NCAC 34A .0126          COMPLAINTS; PRELIMINARY DETERMINATIONS

(a)  A person who believes that any person, firm or

corporation is in violation of any provision of G.S. 90, Article 13A, 13D, 13E,

or 13F or Title 21, Chapter 34, of the North Carolina Administrative Code, may

file a written complaint with the Board's staff.  If the accused is subject to

the jurisdiction of the Board, the complaint shall be handled pursuant to this

Rule.

(b)  A complaint shall be handled initially by the Board's

Executive Director, or staff designated by him or her.   If a complaint on its

face appears to be outside the jurisdiction of the Board, the Executive

Director or his or her staff designees may forward the complaint to the Board's

disciplinary committee without following the procedures of Paragraphs (c)

through (e) of this Rule and may forward the matter to any federal or state

agency with the appropriate jurisdiction.

(c) The Executive Director or his or her staff designees

shall notify the accused of the complaint in writing.  Such notice shall be

served by hand or by certified mail, return receipt requested; shall state the

allegations as contained in the complaint, or may enclose a copy of the

complaint; and shall contain a request that the accused submit a response in

writing within 10 days from the date the notice of the complaint is received by

the accused.

(d)  If the accused responds to the allegations, the

Executive Director or his or her staff designees shall forward a summary of the

response, or the response itself, to the person who filed the complaint and

give him or her 15 days to respond.  Following a receipt of a rebuttal by the

complainant or after 15 days without having received a  rebuttal and any

additional investigation deemed necessary by the Executive Director or his or

her staff designees, the matter shall then be referred to the disciplinary

committee.

(e)  If the accused does not respond to the allegations, the

Executive Director or his or her staff designees shall investigate the

allegations and refer the complaint and any other available evidence to the

Board's disciplinary committee for review. 

(f)  In accordance with Paragraphs (d) through (e) of this

Rule, the disciplinary committee shall review the complaint file. The

disciplinary committee may request additional investigation of a file or make a

preliminary determination to recommend that the Board take one of the following

actions:

(1)           that the complaint be dismissed because of

insufficient grounds to believe one or more licensees has violated any law or

regulation of the Board or other grounds requiring dismissal;

(2)           that a letter of caution be issued;

(3)           that the case be compromised pursuant to

G.S. 90-210.25(e)(1), 90-210.123(g), or 90-210.69(c);

(4)           that the case be set for a contested case

hearing because sufficient grounds exist to believe one or more licensees may

have violated a law or regulation of the Board justifying disciplinary action;

or

(5)           Any other action the Board may take that is

authorized by law.

(g)  The Board may accept or reject, in whole or in part,

the recommendations of the disciplinary committee.

 

History Note:        Authority G.S. 90-210.23(a),(d);

90-210.25(e); 90-210.69(a),(c); 90-210.80; 90-210.123(g); 90-210.134(a);

Eff. October 1, 1993;

Amended Eff. February 1, 2009; July 1, 2004; August 1,

1998; November 1, 1994.

 

21 NCAC 34A .0127          FILING OF DOCUMENTS

Any document that does not require a fingerprint card or the

payment of a fee, or that does not pertain to elections to the N.C. Crematory

Authority or to a resident traineeship, may be filed with the Board by U.S. mail,

private courier service, facsimile, or hand delivery.  All other documents must

be filed by U.S. mail, private courier service, or hand delivery.  Documents

shall be considered filed on the date of receipt or, if sent by U.S. mail or

private courier service, on the date of postmark or date stamp used by the

private courier respectively.

 

History Note:        Authority G.S. 90-210.23(a);

Eff. January 1, 2009.

 

section .0200 - FEES AND OTHER PAYMENTS

 

21 NCAC 34A .0201          FEES ANd other payments

(a)  Fees for funeral service shall be as follows:

Establishment

permit

Application                                                                                                                           $250.00

Annual renewal                                                                                                                    $200.00

Late renewal fee                                                                                                                  $100.00

Establishment

and embalming facility reinspection fee                                                              $100.00

Courtesy card

Application                                                                                                                           $ 

75.00

Annual renewal                                                                                                                    $ 

50.00

Out-of-state

licensee

Application                                                                                                                           $200.00

Embalmer,

funeral director, funeral service

Application, North Carolina resident                                                                               $150.00

Application, non-resident                                                                                                   $200.00

Annual renewal

Embalmer                                                                                                                             $ 

75.00

Funeral Director                                                                                                                   $ 

75.00

Total fee, embalmer and funeral director, when both are held by

same person     $ 100.00

Funeral service                                                                                                                     $

100.00

Inactive status                                                                                                                     $ 

30.00

Reinstatement fee                                                                                                               $ 

50.00

Resident trainee

permit

Application                                                                                                                           $ 

50.00

Voluntary change in supervisor                                                                                        $ 

50.00

Annual renewal                                                                                                                    $ 

35.00

Late renewal                                                                                                                         $ 

25.00

Duplicate License

certificate                                                                                                             $ 

25.00

Chapel

registration

Application                                                                                                                           $150.00

Annual renewal                                                                                                                    $100.00

Late renewal                                                                                                                         $ 

75.00

(b)  Fees for crematories shall be as follows:

License

Application                                                                                                                           $400.00

Annual renewal                                                                                                                    $150.00

Late renewal fee                                                                                                                  $ 

75.00

Crematory reinspection fee                                                                                                               $100.00

Per-cremation fee                                                                                                                                $ 

10.00

Late filing or payment fee for each

cremation                                                                              $ 

10.00

Late filing fee for cremation report,

per month                                                                             $ 

75.00

Crematory

Manager Permit

Application                                                                                                                           $150.00

Annual renewal                                                                                                                    $ 

40.00

(c)  Fees for preneed funeral contract regulation shall be

as follows:

Preneed funeral

establishment license

Application                                                                                                                           $150.00

Annual renewal                                                                                                                    $150.00

Late renewal fee                                                                                                                  $100.00

Reinspection fee                                                                                                                  $100.00

Preneed sales

license

Application                                                                                                                           $ 

20.00

Annual renewal                                                                                                                    $ 

20.00

Late renewal fee                                                                                                                  $ 

25.00

Preneed contract

filings

Filing fee for each contract                                                                                                $ 

20.00

Late filing or payment fee for each contract                                                                 $ 

25.00

Late filing fee for each certificate of performance                                                       $ 

25.00

Late filing fee for annual report                                                                                       $150.00

(d)  Fees for

Transportation Permits

Application                                                                                                                                           $125.00

Annual renewal                                                                                                                                    $ 

75.00

Late fee                                                                                                                                                 $ 

50.00

 

History Note:        Authority G.S. 90-210.23(a);

90-210.25(c); 90-210.28; 90-210.67(b),(c),(d),(d1); 90-210.68(a);

Eff. September 1, 1979;

Amended Eff. January 1, 1991; July 1, 1988; January 1,

1988; October 1, 1983;

Recodified from 21 NCAC 34 .0123 Eff. February 7, 1991;

Amended Eff. December 1, 1993; August 2, 1993; May 1,

1993, July 1, 1991;

Temporary Amendment Eff. October 1, 1997;

Amended Eff. August 20, 2014; March 1, 2004; August 1,

1998;

 

21 NCAC 34A .0202          WORTHLESS CHECKS

(a)  Any person, firm or corporation submitting to the Board

a check which is dishonored and returned shall be charged a processing fee in

the maximum amount per check as permitted by the North Carolina law in effect

at the time.

(b)  Until the worthless check has been made good and the

processing fee and any applicable late payment penalties have been paid, any

license, permit, authority or privilege which as been issued or given based on

the worthless check shall be invalid.

(c)  All documents delivered by the Board requesting payment

of fees shall contain a notice of the processing fee as required by North

Carolina law.

 

History Note:        Authority G.S. 90‑210.23(a); 25‑3‑512;

150B‑11;

Eff. October 1, 1983;

Amended Eff. July 1, 1988;

Recodified from 21 NCAC 34 .0125 Eff. February 7, 1991.

 

 

 

 

 

21 NCAC 34A .0203          REPORT TO GENERAL ASSEMBLY

(a)  No later than October 31 of each calendar year, the

Board shall file the reports required by G.S. 93B-2.  If the Board fails to

timely file a report, all funds received after October 31 shall be deposited into

an escrow account with a financial institution, as such term is defined in G.S.

90-210.60(2), until the report has been filed.  The Board may resume the

expenditure of funds in accordance with G.S 93B-2 immediately upon depositing

the report into the custody of the U.S. Postal Service as certified mail return

receipt requested.

(b)  Any period of suspension under G.S. 93B-2(d) shall have

no effect upon the right of a license or permit applicant to the issue or

renewal of any license or permit upon meeting all legal requirements; provided,

however, that this Rule shall not impose any duty upon the Board to issue any

license or permit outside its normal operating procedures.

 

History Note:        Authority G.S. 90-210.23(a); 93B-2(d);

Eff. September 1, 2010.