Section .0100-General


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
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.

 

Related Laws