CHAPTER 29 – LOCKSMITH LICENSING BOARD
Section .0100-GENERAL
21 NCAC 29 .0101 Scope
The rules in this Section set forth the general operating
policies and procedures of the North Carolina Locksmith Licensing Board.
History Note: Authority G.S.74F-5;
Temporary Adoption Eff. August
13, 2002;
Eff. August 1, 2004.
21 NCAC 29 .0102 Meetings
(a) Frequency. The Board shall meet on the second Mondays
of January and August and at other times agreed upon by the Board.
(b) Notice. Notification of the time and place of all
meetings shall be published on the North Carolina Locksmith Licensing Board
website not less than 15 days prior to the meeting.
History Note: Authority G.S. 74F-5;
Temporary Adoption Eff. August
13, 2002;
Eff. August 1, 2004.
section 0200 - examination
21 NCAC 29 .0201 EXAMINATION FEE
The examination fee shall be two hundred dollars ($200.00)
and shall accompany the examination registration form. If the applicant elects
to take the exam at a commercial testing center that charges a fee, then the
applicant retains responsibility for paying the additional fee assessed by the
testing center.
History Note: Authority G.S. 74F-6; 74F-9;
Temporary Adoption Eff. October
17, 2002;
Eff. August 1, 2004.
21 NCAC 29 .0202 APPLICATION REQUIREMENTS
Applicants must register for an examination on the form prescribed
by the Board. The application must be submitted to the Board's office at least
15 days before the requested examination date.
History Note: Authority G.S. 74F-6; 74F-7;
Temporary Adoption Eff. November
13, 2002;
Eff. August 1, 2004.
21 NCAC 29 .0203 MINIMUM PASSING SCORE
The passing score for the Locksmith Licensing Examination shall
be 70 percent.
History Note: Authority G.S. 74F-6; 74F-7;
Temporary Adoption Eff. November
13, 2002;
Eff. August 1, 2004.
21 NCAC 29 .0204 REQUIREMENTS OF EXAMINEES
Applicants appearing at an examination session shall present
a valid government-issued photo ID to the examination proctor before the
beginning of the examination session. The applicant shall not bring books, calculators
or other items deemed inappropriate by the proctor into the examination room.
Pagers and cellphones must be turned off during the examination. Applicants
shall not speak with others during the examination session. Applicants must
obey instructions from the proctor regarding when to begin and cease work on
the examination. Applicants shall be excused from the room during the
examination only with permission from the proctor. Failure to abide by any of
these standards shall result in invalidation of the applicant's examination
results.
History Note: Authority G.S.74F-6; 74F-7;
Temporary Adoption Eff. November
13, 2002;
Eff. August 1, 2004.
21 NCAC 29 .0205 FAILURE TO ATTEND SCHEDULED
EXAMINATION SESSION
Applicants who fail to appear for a scheduled examination
session shall forfeit their examination fee and must submit a new registration
form along with the required fee for a different session. The Board shall
waive the additional examination fee if it finds that the applicant's failure
to attend as scheduled was the result of a hardship or emergency.
History Note: Authority G.S. 74F-6; 74F-7;
Temporary Adoption Eff. November
13, 2002;
Eff. August 1, 2004.
21 NCAC 29 .0206 SPECIAL ADMINISTRATION
Applicants with documented disabilities as defined by the
Americans with Disabilities Act of 1990 (ADA) shall be administered the NC
Locksmith Licensing Exam under conditions that shall minimize the effect of the
disabilities on their performance. In general, those lifestyle accommodations
which an individual uses to compensate for disabilities, and which have become
accepted practice for the individual since the onset of the applicant's
disability, shall be considered as the most appropriate accommodation for
testing. Special test administrations shall be as comparable as possible to a
standard administration.
History Note: Authority G.S. 74F-6; 74F-7;
Eff. November 1, 2007.
SECTION .0300 – DEFINITIONS AND EXPLANATIONS (RESERVED)
21 NCAC 29 .0301 RESERVED
Section .0400-LICENSING REQUIREMENTS
21 NCAC 29 .0401 APPLICATION FORM
All applications for licensure shall be submitted on the
form prescribed by the Board for this purpose and shall be accompanied by the
following supporting documents:
(1) two frontal photos of the applicant's face, taken
within the preceding three months, size one inch by one inch;
(2) a complete set of the applicant's fingerprints,
collected by local law enforcement and accompanied by the applicant's social
security number;
(3) a completed examination registration form, unless
the applicant is exempted by Statute;
(4) a criminal history report, certified by the law
enforcement agency or clerk of court in the applicant's county of residence;
(5) a criminal history report, certified by the law
enforcement agency or clerk of court in the applicant's county of employment,
if different from the county of residence;
(6) complete and truthful explanations of affirmative
responses to questions on the application regarding employment history, criminal
history and military service, if applicable;
(7) payment in full of all applicable fees, by check or
money order;
(8) a copy of the applicant's legal resident documents,
if the applicant is not a U.S. citizen;
(9) a copy of a Locksmith License or other relevant
license from another state, if applicable;
(10) a copy of the applicant's military discharge
document (DD-214 or equivalent), if the applicant has served in any branch of
the armed forces;
(11) a notarized Authorization for Records Release form;
(12) a copy of any relevant industry certifications, if
applicable.
History Note: Authority G.S. 74F-6;
Temporary Adoption Eff. August
13, 2002;
Eff. August 1, 2004.
21 NCAC 29 .0402 ESTABLISHMENT OF MORAL AND ETHICAL
CHARACTER
(a) Information supplied on the application and in
supporting documents must be truthful. Falsification or concealment of facts
relating to employment, military service, criminal conviction or court-martial,
age or other matters that reflect on the applicant's suitability for licensure shall
be grounds for license denial, revocation, or suspension.
(b) Applicants with criminal histories from any
jurisdiction shall be categorized according to the seriousness of the offense.
The category shall be determined by the most serious offense.
(c) These categories are as follows:
(1) Category I. This Category consists of all
Class A and B felonies.
(2) Category II. This Category consists of all
felonies of classes C-F.
(3) Category III. This Category consists of all
felonies of classes G or lesser, and all misdemeanors of classes A1 and 1.
Three or more Category III convictions (committed as separate incidents) shall
be reclassified as a Category II offense.
(4) Category IV. This Category consists of
misdemeanors of classes 2 and 3. Three or more Category IV convictions
(committed as separate incidents) shall be reclassified as a Category III
offense.
(d) The Board shall determine if the conviction is directly
related to the duties and responsibilities of a locksmith. The Board may
consider the following factors:
(1) The nature and seriousness of the crime;
(2) The relationship of the crime to the
purposes for requiring a license as a locksmith;
(3) The extent to which a license might offer
an opportunity to engage in further criminal activity of the same type; and
(4) The relationship of the crime to the
ability, capacity, or fitness required to perform the duties and discharge the
responsibilities of a licensed locksmith.
(e) If the Board determines that the conviction does not
relate to the duties and responsibilities of a locksmith, the Board shall
process the application according to standard procedures.
(f) If the Board determines that the conviction does relate
to the duties and responsibilities of a locksmith, the Board shall evaluate the
present fitness of the individual to provide locksmith services.
(g) The Board shall use the following guidelines in
evaluating an individual's present fitness:
(1) An applicant with a Category I conviction
is ineligible for licensure. A licensed locksmith with a Category I conviction
shall be subject to immediate revocation of license.
(2) An applicant with a Category II conviction
shall have at least 12 years since the applicant has completed all aspects of
his or her sentence received as a result of the last Category II conviction to
be eligible for licensure. A licensed locksmith convicted of a Category II
offense shall be subject to immediate license revocation.
(3) An applicant with a Category III conviction
shall have at least 7 years since the applicant has completed all aspects of
his or her sentence received as a result of the last Category III conviction to
be eligible for licensure. A licensed locksmith convicted of a Category III
offense may be subject to immediate license revocation.
(4) An applicant with a Category IV conviction
shall have at least three years since the applicant has completed all aspects
of his or her sentence received as a result of the last Category IV conviction
to be eligible for licensure. A licensed locksmith convicted of a Category IV
offense may be subject to immediate license revocation.
(h) The Board may also consider the following factors in
determining the present fitness of a person who has been convicted of a crime
which relates to the duties and responsibilities of a locksmith:
(1) The age at the time each crime was
committed;
(2) The conduct and work history of the person
before and after the criminal conviction;
(3) Evidence of the person's rehabilitation
efforts and outcome;
(4) The extent and nature of the past criminal
history;
(5) Two letters of recommendation from licensed
locksmiths; and
(6) Other evidence of fitness that may be
relevant to the Board's assessment, such as a psychological test, mental health
status report or substance abuse assessment.
(i) If the person's criminal activity is related to a
history of chemical dependency, the Board shall also consider the person's
efforts and success in achieving and maintaining recovery. Applicants with a
history of chemical dependency shall demonstrate evidence of treatment or
rehabilitation and at least two years of continuous recovery.
(j) An individual whose application is denied or whose
license is suspended or revoked may request a hearing under the procedures established
in of G.S. 150B, Article 3A.
History Note: Authority G.S. 74F-6; 74F-7;
Temporary Adoption Eff. August
13, 2002;
Eff. August 1, 2004.
21 NCAC 29 .0403 COMPLETION OF EXAMINATION
An application for licensure shall not be considered by the
Board until the results of the applicant's Board-administered examination are
determined and available to the Board.
History Note: Authority G.S. 74F-6; 74F-7;
Temporary Adoption Eff. August
13, 2002;
Eff. August 1, 2004.
21 NCAC 29 .0404 FEES
The license issuance fee shall be one hundred dollars
($100.00). The license issuance fee shall accompany the application for
licensure. In the event that licensure is denied the applicant, the fee shall
be refunded.
History Note: Authority G.S. 74F-6; 74F-7; 74F-9;
Temporary Adoption Eff. October
17, 2002;
Eff. August 1, 2004.
21 NCAC 29 .0405 EXEMPTION FROM EXAMINATION
History Note: Authority G.S. 74F-6;
Temporary Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Repealed Eff. April 1, 2012.
Section .0500-CODE OF ETHICS
21 NCAC 29 .0501 OBLIGATION OF LICENSED LOCKSMITHS
By applying for and accepting a license issued by the Board,
all licensees become obligated to comply with the provisions of this section.
Failure to comply shall result in disciplinary action by the Board.
History Note: Authority G.S. 74F-6;
Temporary Adoption Eff. August
13, 2002;
Eff. August 1, 2004.
21 NCAC 29 .0502 FAIR BUSINESS PRACTICES
(a) Locksmiths shall conduct all business in compliance
with all applicable laws.
(b) Locksmiths shall impartially analyze security problems
receiving their attention and advance the best possible solution for the
protection of the client.
(c) Locksmiths shall refrain from associating themselves
with or allowing the use of their name (personal or professional) by any
enterprise which in any way countenances misrepresentation.
(d) Locksmiths shall not misrepresent the features afforded
by any product nor make unwarranted claims about the merits of any product or
service they offer. Examples include, but are not limited to the following:
(1) Representing to a client that
non-restricted or widely available keys (whether stamped "Do Not
Duplicate" or not) provide any measure of assurance against unauthorized
duplication.
(2) Selling a used product as new.
(e) Locksmiths shall avoid using any improper or questionable
means of soliciting business. Prohibited practices include:
(1) Affixing stickers to permanent fixtures
such as doors or door frames or in any way defacing the property of any person
without his express written consent.
(2) Installing stickers or any other promotions
in such fashion that they falsely represent that the locksmith
or company has previously serviced the hardware in that location.
(3) Installing or supplying hardware which
curtails the customer's ability to choose a different company or technician for
product support or service, unless the locksmith obtains the customer's express
written consent.
(4) Modifying the customer's hardware in any
fashion that will curtail the customer's ability to choose a different company
or technician for later product support or service or cause him to incur
additional expense by doing so, unless the locksmith obtains the customer's
express written consent.
(5) Direct solicitation in violation of a
non-compete agreement, such as an employee offering competing bids to customers
of his employer.
(6) Using a name in advertising which is
similar enough to a competitor's name to cause confusion among consumers.
History Note: Authority G.S. 74F-6;
Temporary Adoption Eff. August 13, 2002;
Eff. August 1, 2004.
21 NCAC 29 .0503 PROTECTION OF THE PUBLIC INTEREST
(a) Locksmiths shall refrain from allowing their
specialized skills, knowledge, or access to tools and information to be used in
any manner that puts the safety and security of the public at risk.
(b) If a locksmith suspects wrongful intent or
misrepresentation by a potential client, the locksmith shall refuse service and
shall notify the law enforcement agency with jurisdiction.
(c) Locksmiths shall not knowingly infringe a restricted
key system.
(d) Locksmiths shall record the identity of the customer
for all service calls in which the locksmith opens a vehicle, building, room or
secured container, or originates a key or in any other fashion provides the
customer with access to any such property.
(e) Locksmiths shall endeavor to install all locking
devices in compliance with all relevant codes, such as Uniform Building Code,
National Fire Protection Association, and Americans with Disabilities Act and
any local codes or ordinances which regulate architectural hardware.
Locksmiths shall not install a locking device which produces a threat to life
safety. If such a (pre-existing) condition is encountered, the locksmith shall
inform the client and recommend appropriate remedial action.
(f) Locksmiths shall not become a party to disputes of
ownership or authority. When an authorization dispute is deemed likely to
arise, the locksmith shall advise the law enforcement agency having jurisdiction
and request the presence of a uniformed officer. The locksmith shall refuse to
provide service when there is an unresolved dispute of ownership or authority.
Only instructions from a uniformed law enforcement officer or a court order
shall be accepted as resolution of any such dispute.
(g) Locksmiths shall not knowingly interfere with the
maintenance of a master key system. When master keyed cylinders are
encountered, the key presented without its corresponding master key shall be
presumed to be a subordinate key until otherwise determined. An attempt must
be made to determine the holder of the master key and seek authorization for
cylinder changes or key origination before such service is performed.
(h) Locksmiths shall keep key bitting arrays, file keys and
all client information confidential. Locksmiths shall not release any
information or security device, such as a master key or safe combination, to
any person without verifying that the recipient is entitled to receive it.
History Note: Authority G.S. 74F-6;
Temporary Adoption Eff. August
13, 2002;
Eff. August 1, 2004;
Amended Eff. April 1, 2012.
21 NCAC 29 .0504 TECHNICAL INTEGRITY
(a) Locksmiths shall always endeavor to service and install
security devices in a manner that maintains the highest level of security
afforded by the manufacturer of the product.
(b) Locksmiths shall inform clients of the dangers of
introducing new keys into a master keyed system without reference to the
original bitting array. Locksmiths shall not introduce random keys into a
master keyed system without obtaining the signature of the client on a written
warning notice.
(c) Locksmiths shall inform clients of the dangers inherent
in keying a mechanical lock to operate on several keys in a fashion that
requires multiple chambers to be left empty or stacked with more than two
master wafers in any chamber (maison keying). Locksmiths shall not key
mechanical lock cylinders in this fashion without obtaining the signature of
the client on a written warning notice.
(d) Locksmiths shall follow industry and manufacturer
standards and insure random and complete recombination of cylinders and
combination locks for optimal security maintenance. Examples of violations
include, but are not limited to the following:
(1) The repeated use of a standard key or
combination for multiple customers or job sites.
(2) Filing the plug on a mechanical lock
cylinder as a means to enlarge the shear line.
(3) Leaving multiple chambers of a mechanical
lock empty.
(e) Locksmiths shall honor manufacturer recommendations for
the proper installation of locking devices and shall not omit or disable any
security feature, such as a safe relocking assembly or deadlatch, to the
detriment of the client’s safety and security.
History Note: Authority G.S. 74F-6;
Temporary Adoption Eff. August
13, 2002;
Eff. August 1, 2004.
Section .0600 - ADMINISTRATIVE LAW PROCEDURES
21 ncac 29 .0601 PETITIONS FOR ADOPTION, AMENDMENT OR
REPEAL OF RULES
(a) Any person may petition the Board under G.S. 150B-20 to
adopt a new rule or to amend or repeal an existing rule by sending a written petition
for rulemaking to the Chair at the Board’s address. The petition shall be
entitled "Petition for Rulemaking" and shall include the following
information:
(1) the name and address of the person
submitting the petition;
(2) a citation to any rule for which an
amendment or repeal is requested;
(3) a draft of the proposed new rule or amended
rule;
(4) the reason for the proposal, with any
information the petitioner believes is relevant and wishes the Board to
consider;
(5) the effect of the proposed new rule or
amendment on existing rules or decisions;
(6) practices likely to be affected by the
proposed new rule or amendment; and
(7) an identification of the persons or class
of persons most likely to be affected by the proposal.
(b) The Board may request additional information before
making its decision.
History Note: Authority G.S. 74F-6; 150B-20;
Temporary Adoption Eff. March 26, 2003;
Eff. March 1, 2004.
21 ncac 29 .0602 DECLARATORY RULINGS
(a) A person seeking a declaratory ruling from the Board
under G.S. 150B-4 shall file a petition for a declaratory ruling that meets the
requirements of this Rule.
(b) All petitions for declaratory rulings shall be in
writing and shall be sent to the Chair at the Board=s address. Each petition shall be entitled APetition for Declaratory
Ruling@ and shall
include the following information:
(1) the name and address of the petitioner;
(2) the statute or rule to which the petition
relates;
(3) a statement of the manner in which the
petitioner has been or may be aggrieved by the statute or rule; and
(4) if the petitioner wishes to make an oral
presentation to the Board on the petition, a statement requesting an opportunity
to appear and be heard.
(c) The Board may refuse to issue a declaratory ruling
when:
(1) the petition does not comply with this
Rule;
(2) the petitioner is not a Aperson@ or a Aperson aggrieved@ as defined in G.S. 150B-2;
(3) the Board has previously issued a
declaratory ruling on similar facts;
(4) the Board has previously issued a final
agency decision in a contested case on similar facts;
(5) the subject matter of the petition is
involved in pending litigation; or
History Note: Authority G.S. 74F-6; 150B-4;
Temporary Adoption Eff. March 26, 2003;
Eff. March 1, 2004.
21 NCAC 29 .0603 RIGHT TO HEARING
History Note: Authority G.S. 74F‑6; 150B‑11;
150B‑38;
Temporary Adoption Eff. May 28, 2003;
RRC Objection due to lack of necessity on April 15, 2004.
21 NCAC 29 .0604 REQUEST FOR HEARING
(a) Any time an individual believes his rights, duties, or
privileges have been affected by the Board's administrative action, but has not
received notice of a right to an administrative hearing pursuant to G.S. 150B-38(b),
that individual may file a request for a hearing.
(b) Before an individual may file a request he must first
exhaust all reasonable efforts to resolve the issue informally with the Board.
(c) Subsequent to such informal action, if still dissatisfied,
the individual shall submit a request to the Board's office, with the request
bearing the notation: REQUEST FOR ADMINISTRATIVE HEARING. The request shall
contain the following information:
(1) Name and address of the Petitioner;
(2) A concise statement of the action taken by
the Board that is challenged;
(3) A concise statement of the way in which the
Petitioner has been aggrieved; and
(4) A specific statement of request for a
hearing.
(d) A request for administrative hearing must be submitted
to the Board's office within 60 days of receipt of notice of the action taken
by the Board that is challenged. The request shall be acknowledged promptly
and, if Petitioner is a person aggrieved, a hearing shall be scheduled.
History Note: Authority G.S. 74F‑6; 150B‑38;
Temporary Adoption Eff. May 28, 2003;
Eff. March 1, 2004.
21 NCAC 29 .0605 GRANTING OR DENYING HEARING REQUEST
(a) The Board shall decide whether to grant a request for a
hearing.
(b) The Board shall issue the denial of request for a
hearing immediately upon decision, and in no case later than 60 days after the
submission of the request. Such denial shall contain a statement of the
reasons leading the Board to deny the request.
(c) The Board shall signify the approval of a request for a
hearing by the issuing of a notice as required by G.S. 150B‑38(b) and
explained in Rule .0606 of this Section.
History Note: Authority G.S. 74F‑6; 150B‑38;
Temporary Adoption Eff. May 28, 2003;
Eff. March 1, 2004.
21 NCAC 29 .0606 NOTICE OF HEARING
(a) The Board shall give the party or parties in a
contested case a notice of hearing not less than 15 days before the hearing.
Said notice shall contain the following information, in addition to the items
specified in G.S. 150B‑38(b):
(1) the name, position, address and telephone
number of a person at the offices of the Board to contact for further
information or discussion;
(2) the date, time, and place for a pre‑hearing
conference, if any; and
(3) any other information deemed relevant to
informing the parties as to the procedure of the hearing.
(b) If the Board determines that the public health, safety
or welfare requires such action, it may issue an order summarily suspending a
license or permit. Upon service of the order, the licensee or permit holder to
whom the order is directed shall immediately cease the practice of locksmithing
in North Carolina. The Board shall promptly give notice of hearing pursuant to
G.S. 150B‑38 following service of the order. The suspension shall remain
in effect pending issuance by the Board of a final agency decision pursuant to
G.S. 150B‑42.
History Note: Authority G.S. 74F‑6; 150B‑3(c);
150B‑38;
Temporary Adoption Eff. May 28, 2003;
Eff. March 1, 2004.
21 NCAC 29 .0607 WHO SHALL HEAR CONTESTED CASES
History Note: Authority G.S. 74F‑6; 150B‑11;
150B‑38; 150B‑40;
Temporary Adoption Eff. May 28, 2003;
RRC Objection due to lack of necessity on April 15, 2004.
21 NCAC 29 .0608 INFORMAL PROCEDURES
The Board and the party or parties may agree in advance to
simplify the hearing by:
(1) decreasing the number of issues to be contested at
the hearing;
(2) accepting the validity of certain proposed
evidence;
(3) accepting the findings in some other case with
relevance to the case at hand; or
(4) agreeing to such other matters as may expedite the
hearing.
History Note: Authority G.S. 74F‑6; 150B‑41;
Temporary Adoption Eff. May 28, 2003;
Eff. March 1, 2004.
21 NCAC 29 .0609 PETITION FOR INTERVENTION
(a) A request to intervene shall bear the notation:
PETITION TO INTERVENE IN THE CASE OF (Name of case).
(b) If the Board determines to allow intervention, notice
of that decision shall be issued promptly to all parties, and to the
petitioner. In cases of permissive intervention, such notification shall
include a statement of any limitations of time, subject matter, evidence or
whatever else is deemed necessary, that are imposed on the intervenor.
(c) If the Board's decision is to deny intervention, the
petitioner shall be notified promptly. Such notice shall be in writing,
identifying the reasons for the denial, and shall be issued to the petitioner
and all parties.
History Note: Authority G.S. 74F‑6; 150B‑38;
Temporary Adoption Eff. May 28, 2003;
Eff. March 1, 2003.
21 NCAC 29 .0610 TYPES OF INTERVENTION
(a) Intervention of Right. A petition to intervene as of
right, as provided in the North Carolina Rules of Civil Procedure, Rule 24, shall
be granted if the petitioner meets the criteria of that rule and the petition
is timely.
(b) Permissive Intervention. A petition to intervene
permissibly as provided in the North Carolina Rules of Civil Procedure, Rule
24, shall be granted if the petitioner meets the criteria of that rule and the
Board determines that:
(1) There is legal or factual similarity
between the petitioner's claimed rights, privileges, or duties and those of the
parties to the hearing; and
(2) Permitting intervention by the petitioner
as a party would aid the purpose of the hearing.
(c) The Board may allow permissive intervention, with
whatever limits and restrictions are deemed appropriate.
History Note: Authority G.S. 74F‑6; 150B‑38;
Temporary Adoption Eff. May 28, 2003;
Eff. March 1, 2004.
21 NCAC 29 .0611 DISQUALIFICATION OF BOARD MEMBERS
(a) Self‑disqualification. If for any reason a board
member determines that personal bias or other factors render that member unable
to hear a contested case and perform all duties in an impartial manner, that
board member shall voluntarily decline to participate in the hearing or
decision.
(b) Petition for Disqualification. If for any reason any
party in a contested case believes that a board member is personally biased or
otherwise unable to hear a contested case and perform all duties in an
impartial manner, the party may file a sworn, notarized affidavit with the
Board. The title of such affidavit shall bear the notation: AFFIDAVIT OF
DISQUALIFICATION OF BOARD MEMBER IN THE CASE OF (Name of case).
(c) Contents of Affidavit. The affidavit must state all
facts the party deems to be relevant to the disqualification of the Board
member.
(d) Timeliness of Affidavit. An affidavit of
disqualification shall be considered timely if filed ten days before
commencement of the hearing. Any other affidavit shall be considered timely
provided it is filed at the first opportunity after the party becomes aware of
facts that give rise to a reasonable belief that a board member may be
disqualified under this Rule.
(e) Where a petition for disqualification is filed less
than 10 days before or during the course of a hearing, the hearing shall
continue with the challenged board member sitting. The petitioner shall have
the opportunity to present evidence supporting his petition, and the petition
and any evidence relative thereto presented at the hearing shall be made a part
of the record. The Board, before rendering its decision, shall decide whether
the evidence justifies disqualification. In the event of disqualification, the
disqualified member shall not participate in further deliberation or decision
of the case.
(f) Procedure for Determining Disqualification:
(1) The Board shall appoint a board member to
investigate the allegations of the affidavit.
(2) The investigator shall report their
findings and recommendations to the Board.
(3) The Board shall decide whether to
disqualify the challenged individual.
(4) The person whose disqualification is to be
determined shall not participate in the decision but may be called upon to
furnish information to the other members of the Board.
(5) When a board member is disqualified prior
to the commencement of the hearing or after the hearing has begun, such hearing
shall continue with the remaining members sitting provided that the remaining
members still constitute a majority of the Board.
(6) If five or more members of the Board are
disqualified pursuant to this Rule, the Board shall petition the Office of
Administrative Hearings to appoint an administrative law judge to hear the
contested case pursuant to G.S. 150B‑40(e).
History Note: Authority G.S. 74F‑6; 150B‑38;
150B‑40;
Temporary Adoption Eff. May 28, 2003;
Eff. March 1, 2004.
21 NCAC 29 .0612 FAILURE TO APPEAR
History Note: Authority G.S. 74F‑6; 150B‑11;
150B‑38; 150B‑40;
Temporary Adoption Eff. May 28, 2003;
RRC Objection due to lack of necessity on April 15, 2004.
21 NCAC 29 .0613 SUBPOENAS
(a) Requests for subpoenas for the attendance and testimony
of witnesses or for the production of documents, either at a hearing or for the
purposes of discovery, shall be made in writing to the Board and shall identify
any document sought with specificity, and shall include the full name and home
or business address of all persons to be subpoenaed and, if known, the date,
time, and place for responding to the subpoena. The Board shall issue the
requested subpoenas within three days of receipt of the request.
(b) Subpoenas shall contain: the caption of the case; the
name and address of the person subpoenaed; the date, hour and location of the
hearing in which the witness is commanded to appear; a particularized
description of the books, papers, records or objects the witness is directed to
bring with him to the hearing, if any; the identity of the party on whose
application the subpoena was issued; the date of issue; the signature of the
presiding officer or his designee; and a "return of service." The
"return of service" form as filled out, shall show the name and
capacity of the person serving the subpoena, the date on which the subpoena was
delivered to the person directed to make service, the date on which service was
made, the person on whom service was made, the manner in which service was
made, and the signature of the person making service.
(c) Any person receiving a subpoena from the Board may
object thereto by filing a written objection to the subpoena with the Board's
office.
(d) The objection shall include a concise, but complete,
statement of reasons why the subpoena should be revoked or modified. These
reasons may include lack of relevancy of the evidence sought, or any other
reason sufficient in law for holding the subpoena invalid, such as that the
evidence is privileged, that appearance or production would be so disruptive as
to be unreasonable in light of the significance of the evidence sought, or
other undue hardship.
(e) Any such objection to a subpoena must be served on the
party who requested the subpoena simultaneously with the filing of the
objection with the Board.
(f) The party who requested the subpoena may file a written
response to the objection within five working days. The written response shall
be served by the requesting party on the objecting witness simultaneously with
filing the response with the Board.
(g) After receipt of the objection and response thereto, if
any, the Board shall issue a notice to the party who requested the subpoena and
the party challenging the subpoena, and may notify any other party or parties
of an open hearing, to be scheduled as soon as practicable, at which time
evidence and testimony may be presented, limited to the narrow questions raised
by the objection and response.
(h) Promptly after the close of such hearing, a majority of
the Board members with voting authority, or an administrative law judge
assigned to the case pursuant to G.S. 150B‑40(e), shall rule on the
challenge and issue a written decision. A copy of the decision shall be issued
to all parties and made a part of the record.
History Note: Authority G.S.74F‑6; 150B‑38;
150B‑40;
Temporary Adoption Eff. May 28, 2003;
Eff. May 1, 2004.
21 NCAC 29 .0614 WITNESSES
Any party may be a witness and may present witnesses on the
party's behalf at the hearing. All oral testimony at the hearing shall be
under oath or affirmation and shall be recorded. At the request of a party or
upon the Board's own motion, the presiding officer shall exclude witnesses from
the hearing room so that they cannot hear the testimony of other witnesses.
History Note: Authority G.S. 74F‑6; 150B‑38;
150B‑40;
Temporary Adoption Eff. May 28, 2003;
Eff. March 1, 2004.
21 NCAC 29 .0615 FINAL DECISION
In all cases heard by the Board, the Board shall issue its
decision within 60 days after its next regularly scheduled meeting following
the close of the hearing. This decision shall be the prerequisite "final
agency decision" for the right to judicial review.
History Note: Authority G.S.74F‑6; 150B‑38;
150B‑42;
Temporary Adoption Eff. May 28, 2003;
Eff. March 1, 2004.
21 NCAC 29 .0616 PROPOSALS FOR DECISIONS
(a) When an administrative law judge conducts a hearing
pursuant to G.S. 150B‑40(e), a "proposal for decision" shall be
rendered within 45 days of the hearing pursuant to the Rules of the Office of
Administrative Hearings, 26 NCAC 03 .0127. Any party may file written
exceptions to this "proposal for decision" and submit their own
proposed findings of fact and conclusions of law. The exceptions and
alternative proposals must be received within ten days after the party has
received the "proposal for decision" as drafted by the administrative
law judge.
(b) Any exceptions to the procedure during the hearing, the
handling of the hearing by the administrative law judge, rulings on evidence,
or any other matter, must be written and refer specifically to pages of the
record or otherwise precisely identify the occurrence to which exception is
taken. The exceptions must be filed with the Board within ten days of the
receipt of the proposal for decision. The written exceptions shall bear the
notation: EXCEPTIONS TO THE PROCEEDINGS IN THE CASE OF (Name of case).
(c) Any party may present oral argument to the Board upon
request. The request must be included with the written exceptions.
(d) Upon receipt of request for further oral argument,
notice shall be issued promptly to all parties designating time and place for
such oral argument.
(e) Giving due consideration to the proposal for decision
and the exceptions and arguments of the parties, the Board may adopt the
proposal for decision or may modify it as the Board deems necessary. The
decision rendered shall be a part of the record and a copy thereof given to all
parties. The decision as adopted or modified becomes the "final agency
decision" for the right to judicial review. Said decision shall be
rendered by the Board within 60 days of the next regularly scheduled meeting
following the oral arguments, if any. If there are no oral arguments
presented, the decision shall be rendered within 60 days of the next regularly
scheduled board meeting following receipt of the written exceptions.
History Note: Authority G.S. 74F‑6; 150B‑38;
150B‑40;
Temporary Adoption Eff. May 28, 2003;
Eff. March 1, 2004.
section .0700 – license renewal requirements
21 NCAC 29 .0701 Application Form
All applications for license renewal shall be submitted on
the form provided by the Board for this purpose and shall be accompanied by the
following required items:
(1) two frontal photos of the applicant's face, taken
within the preceding three months, size one inch by one inch;
(2) a criminal history report, certified by the law
enforcement agency or clerk of court in the applicant's county of residence;
(3) a criminal history report, certified by the law
enforcement agency or clerk of court in the applicant's county of employment,
if different from the county of residence;
(4) complete and truthful explanations of affirmative
responses to questions on the application regarding employment history,
criminal history and military service, if applicable;
(5) payment in full of all applicable fees, by check or
money order;
(6) a copy of the applicant's military discharge
document (DD-214 or equivalent) if the applicant has actively served in the
military since applying for his previously granted license;
(7) a log, in a format specified by the Board, of
Continuing Education hours earned during the previous license period, including
the sponsor of the program or course, the name of the instructor or lecturer,
the date, the number of hours and a brief description of the subject matter
included in the course or program.
History Note: Authority G.S. 74F-6; 74F-10;
Eff. February, 1, 2005.
21 NCAC 29 .0702 DUE DATE
Applications for license renewal shall be submitted at least
30 days prior to the date of license expiration. Licensees who submit their
applications for renewal after the due date but before the license expiration
date shall pay a late fee of one hundred fifty dollars ($150.00) in addition to
the license renewal fee specified in Rule .0404 of this Chapter. Applications
shall be deemed submitted on the date of their postmark or upon receipt by
staff at the Board's offices, whichever is earlier.
History Note: Authority G.S. 74F-6; 74F-9; 74F-10;
Eff. July 1, 2005;
Amended Eff. January 1, 2013.
21 NCAC 29 .0703 REINSTATEMENT OF EXPIRED LICENSE
A former licensee may apply for reinstatement of an expired
license only if he has completed at least eight contact hours of continuing
education within one year preceding the application. Applicants for
reinstatement must pay the following fees:
(1) License renewal fee as specified in .0404 of these
Rules;
(2) Late fee as specified in .0702 of these Rules; and
(3) A reinstatement fee of one hundred fifty dollars
($150.00).
History Note: Authority G.S. 74F-6; 74F-9; 74F-10;
Eff. July 1, 2005.
21 NCAC 29 .0704 Establishment of Moral and Ethical
Character
(a) The Board shall apply the same standards specified in
Rule .0402 of this Chapter to determine each licensee's fitness for license
renewal or reinstatement.
(b) Applicants must disclose all criminal convictions not
included on previous applications for licensure. Failure to disclose any
criminal conviction may be grounds for denial of license renewal or
reinstatement.
(c) The Board may deny a request for license renewal or
reinstatement when it determines that the applicant has violated the Code of
Ethics in Section .0500 these Rules.
History Note: Authority G.S. 74F-6; 74F-7; 74F-10;
Eff. February 1, 2005.
section .0800 – continuing education
21 NCAC 29 .0801 Definitions
The following definition shall apply to the Rules of this
Section: "Contact Hour" means a minimum of 50 minutes of contact.
History Note: Authority G.S. 74F-6;
Eff. February 1, 2005.
21 NCAC 29 .0802 REQUIREMENTS
(a) Every licensee shall obtain 24 contact hours of
continuing education during each 3-year renewal cycle, except:
(1) Persons exempted from eight contact hours
in Rule .0805 of this Section; and
(2) Persons who:
(A) are at least 62 years of age;
(B) have at least 15 years of experience as locksmiths;
(C) have been North Carolina licensed locksmiths for at
least nine years; and
(D) are not subject to an investigation by the Locksmith
Licensing Board.
(b) The contact hours of continuing education shall be in
technical and professional subjects directly related to the practice of
locksmithing.
(c) Licensees shall not carry forward any contact hours of
continuing education into the subsequent renewal period.
(d) Licensees shall verify completion of the contact hours of
continuing education for the previous license period with their application for
license renewal.
History Note: Authority G.S. 74F-6;
Eff. February 1, 2005;
Amended Eff. April 1, 2012.
21 NCAC 29 .0803 Determination of credit
(a) The Board has final authority with respect to approval
of course sponsors, courses, programs and contact hours.
(b) The Board shall not pre-approve individual courses or
programs. The Board may enter into agreements with course and program sponsors
in which the sponsor agrees to offer courses and programs that comply with the
subject matter requirements of this Section and agrees to maintain for a period
of four years the records of course content and attendance, and agrees to
permit a representative of the Board to monitor or review any course or program
the sponsor offers to North Carolina Licensed Locksmiths for credit. Provided
the sponsor complies with the sponsor agreement, the Board shall accept as presumptively
valid contact hours earned by licensees from approved sponsors.
(c) Credit for teaching or instructing qualifying courses
shall earn continuing education credit for the instructor at the same rate as
for participants.
(d) Licensees may claim credit for contact hours for
courses or programs that have not been presented by approved sponsors but only
credit from approved sponsors shall be presumptively valid. The Board may
audit the compliance of individual licensees and may require proof of participation
in courses or programs that conform with the content and contact hour
calculation contained in the rules of this Section. Such proof shall be in the
form of records maintained pursuant to Rule .0804 of this Section.
History Note: Authority G.S. 74F-6;
Eff. February 1, 2005.
21 NCAC 29 .0804 Record keeping
The licensee shall maintain records to support credits
claimed and supply such records to the Board upon request. The Board requires:
(1) A log showing the type of activity claimed,
sponsoring organization, location, duration, the name of the instructor or
speaker and the contact hours earned; or
(2) Attendance certificates or other evidence of
participation; or
(3) A transcript from an approved sponsor detailing the
licensee's attendance.
History Note: Authority G.S. 74F-6;
Eff. February 1, 2005.
21 NCAC 29 .0805 EXCEPTIONS
A licensee shall be exempt from the continuing education
requirement for one calendar year per renewal cycle for any of the following
reasons:
(1) A licensee serving on temporary active duty in the
armed forces of the United States for a period exceeding 120 consecutive days
within the year.
(2) A licensee experiencing physical disability or
illness if supporting documentation is approved by the Board. Such
documentation shall be in the form of a statement from a physician, or medical
records which show that the disability or illness prevented the licensee's
participation in a course which the licensee had enrolled, or prevented the
licensee's participation in the continuing education program for at least 120
consecutive days in a year.
(3) A licensee whose licensed apprentice passes the
North Carolina Locksmith Licensing Exam and receives a North Carolina Locksmith
License.
History Note: Authority G.S. 74F-6;
Eff. February 1, 2005;
Amended Eff. November 1, 2007.
21 NCAC 29 .0806 Non Compliance
If the Board disallows any credits claimed by an applicant,
then the licensee shall have 90 calendar days after notification to
substantiate the original claim or obtain other contact hours to meet the
minimum requirements. Upon failure to meet this requirement within the 90 days,
the applicant's license shall expire at the end of the 90 days.
History Note: Authority G.S. 74F-6;
Eff. February 1, 2005.
