CHAPTER 40 ‑ BOARD OF OPTICIANS
SECTION .0100 ‑ LOCATION
21 NCAC 40 .0101 LOCATION AND FUNCTION
The Board is physically located at 222 North Person Street,
Raleigh, North Carolina 27601. Its mailing address is Post Office Box 25336,
Raleigh, North Carolina 27611-5336. The State Board of Opticians is created
and operated pursuant to Article 17, Chapter 90, of the General Statutes of
North Carolina for the purpose of regulating the training, education,
examination and practice of dispensing opticians. Its functions include the
following:
(1) monitoring the location and activities of
apprentices, interns, licensees and places where dispensing takes place;
(2) examining applicants for licenses with and without
examination; and
(3) investigating and prosecuting complaints against
licensees and unlicensed persons.
History Note: Authority G.S. 90‑239;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. January 1, 1994; February 1, 1989; November
1, 1981.
21 NCAC 40 .0102 MAILING
ADDRESS OF REGISTRANTS
21 NCAC 40 .0103 CHANGE OF LOCATION
History Note: Authority G.S. 93B‑3; 90‑234
through 90‑255;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. November 1, 1981.
21 ncac 40 .0104 INFORMATION AND APPLICATION
(a) Any person desiring to become a North Carolina licensed
optician may obtain information on licensure and an application form by
download from the Board webpage. Application forms must be completed in order
to be considered for licensure by waiver of the examination, or to sit for the
licensure examination.
(b) Any person not able to download licensure information,
or the licensure or examination application, may request that the Board office
mail the materials which the Board will subsequently mail to the requesting
person.
(c) When submitting an application for licensure or
examination, the applicant shall submit all applicable fees as set out in 21
NCAC 40 .0108. Additionally, the applicant shall provide:
(1) information, including an affirmation
regarding whether the applicant has violated G.S. 90, Article 17, or Title 21,
Chapter 40, of the North Carolina Administrative Code, or been convicted of a
felony or misdemeanor,
(2) information as to whether the applicant has
been named as a defendant or respondent to a lawsuit involving fraud, deceit,
or misrepresentation; malpractice, unethical conduct, gross negligence, or
gross misconduct, and
(3) the applicant's age.
(d) Additionally, the applicant shall include the following
when submitting the application:
(1) evidence of qualifications to comply with
G.S. 90-237 or G.S. 90-241, whichever applicable, and
(2) a passport-size photograph taken within six
months of the date the application is submitted to the Board.
History Note: Authority G.S. 90‑237; 90-239; 90‑240;
90-249(6); 90‑249.1(a)(8);
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. September 1, 2012; August 1, 1998; February
1, 1989; February 1, 1988; November 1, 1981.
21 NCAC 40 .0105 CERTIFICATE OF REGISTRATION
History Note: Authority G.S. 90‑234; 90‑249;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. November 1, 1981.
21 NCAC 40 .0106 COPY OF THE LAW
A copy of the laws and rules governing the practice of
opticianry in North Carolina is available from the Board at a charge of ten
dollars ($10.00).
History Note: Authority G.S. 90‑249;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. February 1, 1989; November 1, 1981.
21 NCAC 40 .0107 INSPECTION OF MATERIALS
A record will be kept of all rulemaking proceedings,
declaratory rulings, and final orders or decisions of the Board. These records
will include all relevant written material and will be available for inspection
upon appointment with the executive secretary.
History Note: Authority G.S. 90‑249; 150B‑11(2);
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. November 1, 1981.
21 ncac 40 .0108 FEES
Fees charged by the Board shall be as follows:
Each examination $200.00
Each initial license $
50.00
Each renewal of license $100.00
Each license issued to a practitioner of another state to
practice in this state $200.00
Each registration of an optical place of business $
50.00
Each application for registration as an opticianry apprentice or
intern, and renewals thereof $ 25.00
Each registration of a training establishment $
25.00
Each license verification requiring file search $
10.00
History Note: Authority G.S. 90-246; 90-249(a)(9);
Eff. November 1, 1981;
Amended Eff. February 1, 1989; February 1, 1988; August
1, 1985;
Temporary Amendment Eff. November 1, 1997;
Amended Eff. April 1, 2004; August 1, 1998.
21 ncac 40 .0109 ELECTION OF MEMBERS
(a) Optician/licensee appointments to the Board are
selected by election and gubernatorial appointment. By April 1 of each year,
any licensed optician desiring his or her name to be placed in nomination shall
forward a petition endorsed by five licensees to the Board.
(b) By April 10 of each year, the Board of Opticians shall
prepare and distribute by mail to each North Carolina licensee eligible to
vote:
(1) a notice of the election, its dates and
method of participation,
(2) the name of each nominee,
(3) biographical information on each nominee,
(4) a ballot, and
(5) a return envelope.
(c) The return envelope containing the ballot shall be
postmarked no later than April 30. The enclosed ballot will not be valid
unless the optician's signature, license number, and correct mailing address
are on the left top corner of the return envelope.
(d) The Board Chair shall appoint an Election Committee of
at least three Board members, who shall not be nominees. The Election Committee
shall review all ballots that have been determined valid based on this Rule,
and count all the valid ballots.
(e) Based upon the canvass by the Election Committee, the
Board Chair shall submit to the Governor a list of three nominees which shall
be listed from highest to lowest votes and percentages received for each
nominee.
(f) The Governor shall complete the appointment process
based on G.S. 90-238.
History Note: Authority G.S. 90‑238;
Eff. November 1, 1981;
Amended Eff. September 1, 2012; April 1, 2011; February
1, 1989; January 1, 1986.
21 NCAC 40 .0110 OFFICERS
History Note: Authority G.S. 90‑239;
Eff. November 1, 1981;
Repealed Eff. February 1, 1989.
21 NCAC 40 .0111 SUBJECT OF DECLARATORY RULINGS
The Board will issue a declaratory ruling upon request of a
person determined by the Board to be a "person aggrieved" within the
meaning of G.S. 150B‑2(6), unless the Board determines that issuance of a
declaratory ruling would be undesirable, taking into account such factors as
pending litigation or contested cases involving the same subject matter as the
requested ruling, the number of licensees possibly affected by the ruling, and
whether the same subject is adequately addressed by existing rules or prior
declaratory rulings.
History Note: Authority G.S. 90‑239; 90‑249;
150B‑17;
Eff. November 1, 1981;
Amended Eff. February 1, 1989; February 1, 1988.
21 NCAC 40 .0112 FORMS
History Note: Authority G.S. 90‑249;
Eff. November 1, 1981;
Amended Eff. January 1, 1994; February 1, 1989; August 1,
1985; July 1, 1983;
Repealed Eff. April 1, 2011.
SECTION .0200 ‑ CONDUCT OF REGISTRANTS
21 NCAC 40 .0201 NO DISPLAY OF REFRACTING EQUIPMENT
History Note: Authority G.S. 90‑249;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. February 1, 1989.
21 NCAC 40 .0202 REGISTRATION OF PLACE OF BUSINESS
(a) As used in this Rule, "optical place of
business" means the principal office as well as each branch office of such
a business.
(b) Every optical place of business shall have a licensed
optician in charge, who shall serve as the registered licensee in charge of
only one optical place of business.
(c) Every optical place of business shall be registered
with the Board within 10 days following its opening for business and thereafter
annually and in the event of relocation, change of ownership or change of
licensed optician in charge. The registration fee shall be paid for each
registration.
(d) Registration of an optical place of business
automatically expires on the first day of July of each year, and it shall not
engage in business until it is registered for the next annual period.
(e) Registration is the responsibility of both the licensed
optician in charge and the owner. Any licensed optician in charge of an
optical place of business which violates the registration requirements of this
Rule shall be subject to the Board's disciplinary authority under G.S.
90-249.1. An injunction closing an unregistered optical place of business may
also be obtained.
(f) An optical place of business registered in compliance
with this Rule is eligible to be a training establishment when the requirements
of Rules .0314 and .0321 of this Chapter are met.
History Note: Authority G.S. 90-239; 90‑243; 90‑249(5);
90‑252; 90‑253;
Eff. February 1, 1976;
Amended Eff. November 1. 1978; June 21, 1978; September
6, 1977;
Readopted Eff. May 23, 1979;
Amended Eff. August 1, 1998; January 1, 1994; August 1,
1991; February 1, 1989; August 1, 1985.
21 NCAC 40 .0203 BRANCH OFFICES
History Note: Authority G.S. 90‑243;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 1985; January 1, 1983; November 1,
1981; November 1, 1978;
Repealed Eff. February 1, 1989.
21 NCAC 40 .0204 FINING OF REPETITIVE VIOLATORS OF
THE LAW
History Note: Authority G.S. 90‑249;
Eff. February 1, 1976;
Amended Eff. September 6, 1977;
Repealed Eff. November 1, 1981.
21 NCAC 40 .0205 BAITING OR DECEPTIVE ADVERTISING
(a) Statements regarding optical goods and
services must be accurate and truthful pursuant to Article 1, Chapter 75, of
the North Carolina General Statutes. Deceptive advertising of any kind is
unlawful. Any advertising that tends to mislead the consumer is interpreted to
be unlawful.
(b) If an item or service is advertised for
sale but the offer is qualified the qualification must be conspicuously placed
in the advertisement. For example, if spectacles or eyeglasses are offered for
sale and a second pair is offered at a special or reduced price, the
advertisement must state expressly whether the second pair is other than a
duplicate of the first pair purchased. Likewise if a picture, illustration or
description is included in the advertisement, it must accurately represent the
item for sale. Bait advertising is an alluring but insincere offer to sell a
product or service which the advertiser does not actually wish to sell at the price
advertised. A seller may not in any way discourage the purchase of the
advertised product. Specifically, he may not refuse to show or sell the
advertised product or disparage the same in an attempt to sell another
product. Furthermore, he may not demonstrate or show an unattractive or
shopworn item or product in place of the advertised product. When a product is
offered for sale at a discounted price, the discount must be truthful. In
order to be truthful, the discounted price must be based upon a bona fide
original price. A bona fide original price is established by selling the
product at the original price for a majority of the time that the product is
offered for sale.
(c) If the seller offers in an advertisement,
whether written, oral, electronic or otherwise, a certificate, check payable to
bearer or any coupon representing cash or a discount in any amount off the cost
of a pair of spectacles or eyeglasses, the seller must be able to prove that
the price has not been increased by that amount or more for the duration of the
advertised offer or sale, that is, prior to the advertised discounted sale.
History Note: Authority G.S. 90‑249;
Eff. February 1, 1976;
Amended Eff. July 1, 1991; February 1, 1989; November 1,
1981; September 6, 1977.
21 NCAC 40 .0206 PROFESSIONAL RESPONSIBILITY;
CONTINUING EDUCATION
(a) With the goal of keeping the vision health and welfare
of the client uppermost at all times, promoting optimal public health for North
Carolina's citizens, striving to continuously develop educational and technical
proficiency, and informing himself or herself as to new developments within the
profession, a licensed optician shall:
(1) maintain adequate equipment and instruments
in his or her office at all times to assure professional service to the public;
(2) assist his or her clients in whatever
manner possible in obtaining further care when, in his or her opinion,
additional care is needed;
(3) maintain records;
(4) treat all information concerning his or her
clients as privileged and not to be communicated to others except when
authorized or required by a law or rule, or with express consent of the client;
(5) take annual courses of study in subjects
related and essential to the practice of opticianry for the purpose of
enhancing his or her scientific knowledge and professional skills, gaining the
benefits of new techniques, and acquiring increased knowledge of laws and rules
governing the practice of opticianry.
(b) Each North Carolina-licensed optician shall take a
total of at least eight hours of continuing education each calendar year as
follows:
(1) three hours of study on the practice of
contact lens fitting; in lieu thereof, two hours of study on contact lens
fitting and one hour of study may be on optical business management or consumer
protection; and either:
(A) When there have been no amendments or changes to the
North Carolina opticianry laws or rules during the previous year, five hours of
study on eyeglass fitting and dispensing; in lieu thereof, four hours of a
study on eyeglass fitting and dispensing and one hour of study may be on laws
and rules affecting North Carolina opticians, or ethics; or
(B) When there has been an amendment or change to North
Carolina opticianry laws or rules during the previous year, all licensed opticians
practicing opticianry in the state shall take one hour of continuing education
on the laws and rules relating to such amendment or change and four hours of
study as described in Part (A) of this Subparagraph. The Board shall notify
licensees when amendments or changes are made that would require each licensee's
attendance at law/rule continuing education.
(2) Any licensed optician who is not practicing
opticianry in the state shall annually obtain a total of at least eight hours
of courses of study: three hours shall be essential to the practice of contact
lens fitting, and five hours shall be essential to eyeglass fitting and
dispensing. One of the eight hours may be on optical business management or
consumer protection. All hours shall be currently-approved by the American
Board of Opticianry or the National Contact Lens Examiners.
The hours of study set forth in this Rule may not be waived,
except upon presentation of evidence of illness rendering the licensee's
attendance impossible, or by presentation of active-duty orders for the
licensee serving in a branch of the US armed forces.
(c) Courses of study must be approved by the Board, meeting
the following criteria:
(1) Courses must be directly related to the
practice of a dispensing optician as defined in G.S. 90-235 and G.S. 90-236.
The education of opticians must be the primary and customary objective of the
education provider.
(2) Each course must be made available to all
NC licensed opticians.
(3) The following information shall be submitted
to the Board office no later than 45 days prior to the date the course is to be
presented. The following information is required for course submission and
consideration:
(A) Location and scheduled time for course presentation;
(B) Title of course;
(C) Instructor's name, address and qualifications.
Instructors must be qualified by education and experience to provide
instruction in the course subject;
(D) Course description, including course length,
instructional objectives, or course outline;
(E) Indication of course's approval status with the
American Board of Opticianry or National Contact Lens Examiners;
(F) Name and address of provider agency, and primary
contact information;
(G) Description of the provider's attendance
certification process; and
(H) Agreement to provide electronic attendance roster to
Board, and certified attendance documentation to attendees.
(4) Course content shall be presented in an
objective manner that does not promote the sale or marketing of one company's
products or services over another. Presentations on new optical technology
shall not include a specific brand/manufacturer of the technology in the title
or content. Product-specific "info-mercials" and sales pitches shall
not be approved.
(5) Courses shall consist of a minimum 50
minutes' education for each hour credit.
(6) Instructors may not present more than four
consecutive hours of continuing education.
(d) Each course shall be submitted for approval separately
and completely each time credit is sought.
(e) All approved courses shall allow complimentary on-site
review by representatives from the Board.
(f) Course sponsors shall:
(1) Certify opticians' attendance for the
requisite period;
(2) Submit to the Board an electronic
attendance roster, including names and credit hours received; and
(3) Certify attendance documentation by the
provider agency.
(g) Opticians and course attendees shall:
(1) Retain documentation for a minimum 2-year
period beginning with the next renewal year immediately following the date the
courses were taken; and
(2) Present the documentation to Board as
required during the license renewal process.
History Note: Authority G.S. 90-235, 90-236, 90‑249,
90-249.1;
Eff. February 1, 1976;
Amended Eff. September 6, 1977;
Readopted Eff. September 29, 1977;
Amended Eff. January 1, 2013; July 1, 1991; February 1,
1989; February 1, 1988; January 1, 1986.
21 NCAC 40 .0207 LOCATION OF LICENSEE, INTERN OR
APPRENTICE
(a) Prior to performing acts regulated by the Board, each
dispensing optician, intern or apprentice shall notify the Board of their
employment status and the name and physical address of their employment.
Changes in employment status or employment address shall be reported to the
Board within 10 days.
(b) Each dispensing optician, apprentice, or intern shall
report to the Board, within 30 days, of any change in his or her home address.
(c) Notification from the Board is deemed to have been
received if mailed to either the home or business address of the dispensing
optician, intern, or apprentice provided by the individual and shown in the
records of the Board.
History Note: Authority G.S. 90‑243; 90‑249(a)(4),(8),(11);
90-294.1;
Eff. November 1, 1981;
Amended Eff. September 1, 2012.
21 NCAC 40 .0208 LICENSE REVOCATION AND REINSTATEMENT
History Note: Authority G.S. 90‑249;
Eff. November 1, 1981;
Repealed Eff. February 1, 1988.
21 NCAC 40 .0209 DISPLAY OF REGISTRATION AND LICENSE
(a) Each registered optical place of business or training
establishment shall display its registration certificate in a conspicuous and
public area of the principal place of business.
(b) Each apprentice and intern shall display his or her
registration certificate in a conspicuous and public part of the training
establishment wherein he or she is engaged as a trainee.
(c) Each optician to whom a license has been granted shall
display his or her license and current renewal seal in a conspicuous and public
part of the office or establishment wherein he or she is engaged as a
dispensing optician.
History Note: Authority G.S. 90‑244;
Eff. November 1, 1981;
Amended Eff. September 1, 2012; February 1, 1989; July 1,
1983.
21 NCAC 40 .0210 PRESCRIPTION AND INTERPRETATION
A prescription is a written direction from an
ophthalmologist or optometrist for eyeglasses, contact lenses, or other
ophthalmic appliances. The prescriber retains discretion in determining the
number and type of measurements which will be placed upon the prescription and
determines whether the patient is medically or physiologically suited for, or
has need for eyeglasses, and/or contact lenses. The optician takes the
measurements necessary to fill the prescription and determines the makeup of
the lenses, supplementing but not contradicting the prescription. In the event
of a question regarding interpretation of the prescription, the question will
be discussed with the prescriber and his response shall be promptly recorded in
writing by the optician.
History Note: Authority G.S. 90‑235; 90‑236;
90‑236.1;
Eff. November 1, 1981;
Amended Eff. February 1, 1989.
21 NCAC 40 .0211 MINOR ADJUSTMENTS OR REPAIRS
To make a minor adjustment means to tighten
the temple screws of eyeglasses. To make a minor repair means to replace the
temple screws.
History Note: Authority G.S. 90‑239; 90‑253;
Eff. January 1, 1986;
Amended Eff. February 1, 1989.
21 NCAC 40 .0212 DUTY TO PROVIDE DIRECT SUPERVISION
The failure of a licensed optician, who owns or has a
controlling interest in an optical place of business or under whose name an
optical place of business or branch thereof is registered, to provide direct
supervision of an unlicensed person working at such business or branch and
performing acts constituting the practice of opticianry shall constitute a
violation of G.S. 90-249.1(a)(2).
History Note: Authority G.S. 90‑239; 90‑249.1(a)(2);
90‑253;
Eff. February 1, 1988;
Amended Eff. August 1, 1998.
21 NCAC 40 .0213 NEGLIGENCE IN DISPENSING CONTACT
LENSES
History Note: Authority G.S. 90‑237; 90‑240;
90‑249;
Eff. May 1, 1989;
Repealed Eff. April 1, 2011.
21 NCAC 40 .0214 COMPLAINTS; PRELIMINARY
DETERMINATIONS
(a) Complaints may be lodged against any dispensing
optician or Board registrant, including registered and non-registered
businesses, and shall be submitted to the Board in writing with complainant's
name, address, and contact information.
(b) A complaint shall be handled initially by the Board's
Director, who may recommend to the Board to dismiss it as unfounded or trivial.
(c) Unless the complaint is dismissed pursuant to Paragraph
(b) of this Rule, the Director shall notify the accused of the complaint in
writing. Correspondence from the Board shall be deemed to have been received
if mailed to either the home or business address of the dispensing optician or
Board registrant provided by the individual and shown in the records of the
Board, or by available public record for non-registered businesses. The
correspondence shall require a written response within 20 days from the date of
the Board's notification to the accused.
(d) If the accused does not respond to or denies the
circumstances and accusations, the Board's Director shall investigate the
allegations contained in the complaint, and may recommend to the Board to
dismiss the complaint as unfounded or trivial, or may refer the complaint to a
Disciplinary Committee for review. The Chair of the Board shall appoint a
Disciplinary Committee of no less than two licensee Board members, who shall
hear the Director's initial review of complaints and, if determined by the
Director to be more than unfounded or trivial, shall hear the complaint,
evidence and investigative findings and make preliminary determinations and
recommendations to the Board that one of the following actions be taken:
(1) the charges be dismissed as unfounded or
trivial;
(2) a Board reprimand be issued to the accused,
in a case of admission of guilt;
(3) if the
accused is willing, a compromise be accepted which may include
probation, civil penalty, disciplinary action, other penalties as permitted in
G.S. 90-249.1 or a combination thereof; or
(4) the case be presented to the Board,
excluding Board members on the Disciplinary Committee, for a contested case
hearing.
(e) The Board is not required to follow the recommendations
of the Disciplinary Committee.
(f) Probation cessation shall be conditioned upon the
optician or registrant's compliance with all provisions of G.S. 90, Article 17,
or Title 21, Chapter 40, of the North Carolina Administrative Code for the
period imposed, with suspension, revocation, or refusal to renew or reinstate a
license, or loss of registrant's training time or revocation of registration
upon failure to comply with the conditions.
History Note: Authority G.S. 90-239; 90-249(8);
90-249.1;
Eff. March 1, 1993;
Amended Eff. September 1, 2012; August 1, 1998.
SECTION .0300 ‑ QUALIFICATIONS: APPLICATIONS: AND
LICENSING
21 NCAC 40 .0301 APPLICATION PHOTOGRAPH REQUIREMENT
An applicant for licensure or examination must attach to an
application form a passport-size photograph of the applicant's face taken within
the past six months. Photographs shall be retained as a part of applicants'
files for the purpose of identification.
History Note: Authority G.S. 90‑249(a)(6);
Eff. February 1, 1976;
Amended Eff. April 1, 2011; February 1, 1989; November 1,
1981; September 6, 1977.
21 NCAC 40 .0302 LICENSURE EXAMINATION FEES
(a) The fee for licensure examination participation shall
be remitted to the Board by cash, certified check or money order.
(b) The full fee shall be paid for each examination date in
which an applicant participates; there shall be no prorating of the fee.
(c) Licensure examination fees shall not be returned due to
the withdrawal of the applicant or failure to take the examination after the
fee has been accepted by the Board. The Board shall, however, apply a remitted
and accepted fee to a future examination, upon receipt of an updated and fully
executed examination application. If, during its review of an application, the
Board determines that information submitted is false, misleading or deceptive,
the Board shall deny the application but retain any fees paid.
History Note: Authority G.S. 90‑245; 90‑246;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. September 1, 2012; February 1, 1989;
November 1, 1981.
21 NCAC 40 .0303 LICENSURE EXAMINATION AND RE‑EXAMINATION
(a) A candidate who has met the qualifications as defined
in G.S. 90-237, and either 90-240 or 90-241(b) shall be admitted to the licensure
examination upon the Board's receipt of a fully executed application and the
examination fee.
(b) The examination shall be administered twice yearly, at
a time and location specified by the Board.
(c) Exam applications obtained by procedures outlined in
Rule .0104 must be properly executed and received by the Board no later than 60
days prior to the Board-specified date of an examination.
(d) The licensure exam shall consist of written and practical
components. An optician's license shall not be issued until a passing score
has been achieved on all components within three years from the date one
component is successfully completed.
(e) A participant who is unsuccessful in passing an exam
component may retake the failed components upon timely receipt of an updated
and properly executed exam retake application and remittance of the examination
fee.
(f) A participant who is unsuccessful in passing an exam
component may see the failed portion of his or her examination by registering
for a Board-proctored exam review.
History Note: Authority G.S. 90‑240; 90‑249;
93B-8;
Eff. February 1, 1976;
Amended Eff. September 1, 2012; February 1, 1989;
February 1, 1988; August 1, 1985; July 1, 1983.
21 NCAC 40 .0304 QUALIFICATIONS FOR LICENSE
History Note: Authority G.S. 90‑234; 90‑236;
90‑237; 90‑249;
Eff. February 1, 1976;
Amended Eff. July 1, 1983; November 1, 1981; November 1,
1978; September 6, 1977;
Repealed Eff. February 1, 1989.
21 NCAC 40 .0305 YEARLY RENEWAL FEES
21 NCAC 40 .0306 REINSTATEMENT OF LICENSE
History Note: Authority G.S. 90‑246; 90‑249;
Eff. February 1, 1976;
Amended Eff. September 6, 1977;
Readopted Eff. September 29, 1977;
Repealed Eff. November 1, 1981.
21 NCAC 40 .0307 TIME AND PLACE OF EXAMINATION
History Note: Authority G.S. 90‑240; 90‑241;
Eff. February 1, 1976;
Amended Eff. September 6, 1977;
Readopted Eff. September 29, 1977;
Amended Eff. July 1, 1991; February 1, 1989; August 1,
1985; November 1, 1981;
Repealed Eff. September 1, 2012.
21 NCAC 40 .0308 RENEWAL FEES: LATE PENALTY
History Note: Authority G.S. 90‑249;
Eff. February 1, 1976;
Amended Eff. September 6, 1977;
Repealed Eff. November 1, 1981.
21 NCAC 40 .0309 TERMS OF RE‑EXAMINATION
History Note: Authority G.S. 90‑249;
Eff. February 1, 1976;
Repealed Eff. September 6, 1977.
21 NCAC 40 .0310 MISCELLANEOUS FEES
History Note: Authority G.S. 90‑249;
Eff. February 1, 1976;
Amended Eff. September 6, 1977;
Repealed Eff. November 1, 1981.
21 NCAC 40 .0311 CITIZENSHIP
History Note: Authority G.S. 90‑249;
Eff. February 1, 1976;
Repealed Eff. September 6, 1977.
21 NCAC 40 .0312 APPROVED SCHOOLS OF OPTICIANRY
A school of opticianry shall be considered
approved by the North Carolina State Board of Opticians if it is accredited by
the Commission of Opticianry Accreditation and confers a degree of associate in
applied science through an ophthalmic dispensing program.
History Note: Authority G.S. 90‑249;
Eff. February 1, 1976;
Amended Eff. February 1, 1989; February 1, 1988; November
1, 1981; September 6, 1977.
21 NCAC 40 .0313 APPRENTICE TRAINING RESTRICTIONS
History Note: Authority G.S. 90‑249;
Eff. February 1, 1976;
Repealed Eff. September 6, 1977.
21 NCAC 40 .0314 APPRENTICESHIP AND INTERNSHIP
REQUIREMENTS: REGISTRATION
(a) Each apprentice or intern entering the
apprenticeship or internship shall register with the Board and be issued a
certificate of registration. Registration of the apprenticeship automatically
expires on the first day of July of each year, and, in order for the
apprenticeship to continue, registration must be renewed each succeeding July 1
until the apprenticeship is completed. If the apprenticeship or internship is
to be supervised by an ophthalmologist or optometrist, the supervisor shall
provide a statement in which he agrees to abide by the same requirements as
would an optician providing the same training.
(b) Part‑time work or work as an
optical salesman or consultant shall not apply toward completion of
apprenticeship or internship.
(c) The work as an apprentice or intern shall
be full time, defined as a minimum of 35 hours per week, under the supervision
of a licensed optician, ophthalmologist, or optometrist.
(d) In addition to the work specified in
Paragraph (c) of this Rule, the curriculum for the apprentice shall include one
of the following, as chosen by the apprentice:
(1) an optical curriculum
certificate program presented by a school of opticianry approved pursuant to 21
NCAC 40 .0312, or
(2) the National Academy of
Opticianry's home study career progression program, or
(3) any apprenticeship program,
approved by the Board, which is offered by an optical place of business
registered with the Board pursuant to 21 NCAC 40 .0202. The Board shall
approve such apprenticeship program if the program's curriculum summary
contains subject matter similar to the curriculum summary of the National Academy
of Opticianry's home study career progression program.
The classroom and laboratory time spent in the optical
curriculum certificate progam shall be credited as part of the apprenticeship
period and its minimum of 35 hours per week. Certification that the apprentice
has completed and passed one of the programs shall be required. Apprentices
registered with the Board on or before March 1, 1996, shall not be subject to
the provisions of this Paragraph and may satisfy the apprenticeship requirement
by completing the training program in which they are then registered.
(e) No more than two persons, whether
apprentices or interns or a combination, may be trained by an optician,
ophthalmologist, or optometrist at the same time.
(f) An apprentice or intern shall be credited
with training time only from the date of registration with the Board as an
apprentice or intern. The apprenticeship or internship may not be interrupted
for more than 12 months at the time.
(g) When registering to serve a six month
internship, the applicant must have completed the three and one‑half
years of apprenticeship as required by G.S. 90‑240(a)(2) and (3) or have
completed the course of training required by G.S. 90‑240(a)(1).
History Note: Authority G.S. 90-239; 90-240; 90-243; 90‑249;
Eff. February 1, 1976;
Amended Eff. September 6, 1977;
Readopted Eff. September 29, 1977;
Amended Eff. February 1, 1996; January 1, 1994; July 1,
1991; February 1, 1989.
21 NCAC 40 .0315 ADDITIONAL TRAINING REQUISITE TO
LICENSURE
21 NCAC 40 .0316 AUTHORITY TO FUNCTION
History Note: Authority G.S. 93B‑1 through 93B‑10;
90‑234; 90‑235; 90‑237 through 90‑249;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. November 1, 1981.
21 NCAC 40 .0317 SCORES OF EXAMINATION
History Note: Authority G.S. 90‑240;
Eff. November 1, 1981;
Repealed Eff. February 1, 1989.
21 NCAC 40 .0318 Terms oF EXAMINATION and
re-examination
History Note: Authority G.S. 90‑237; 90‑240;
90‑249;
Eff. November 1, 1981;
Amended Eff. February 1, 1989;
Repealed Eff. September 1, 2012.
21 NCAC 40 .0319 APPLICANTS FROM OTHER STATES
(a) An applicant seeking licensure in North Carolina under
G.S. 90-241(a) shall tender an application to the Board accompanied by
affidavits from two persons with whom the applicant worked as an optician for the
previous four years. In addition, the applicant shall furnish affidavits from
two licensed refractionists, either ophthalmologists or optometrists, that the
applicant has practiced the profession of opticianry for four years in another
state immediately prior to the application.
(b) An applicant seeking admission to an examination under
G.S. 90-241(b) shall tender an application to the Board accompanied by
affidavits from two persons under whom or with whom the applicant lawfully
worked in the practice of opticianry in the other state, either in one or
multiple places of business. The application and the affidavits shall describe
the tasks performed by the applicant in the other state and the dates the tasks
were performed.
(c) An application under G.S. 90-241(a) must be filed with
the Board not more than 90 days following the termination of the applicant's
out-of-state opticianry work for which the applicant claims credit.
History Note: Authority G.S. 90‑237; 90-239; 90‑241;
90‑249(12);
Eff. November 1, 1981;
Amended Eff. August 1, 1998; December 1, 1994; July 1,
1991; February 1, 1989.
21 NCAC 40 .0320 LICENSE RENEWAL INFORMATION
Each registrant is sent an application to
renew licensure yearly. The application must be returned prior to renewal.
History Note: Authority G.S. 90‑244(b);
Eff. November 1, 1981;
Amended Eff. February 1, 1989; February 1, 1988; August
1, 1985; July 1, 1983.
21 NCAC 40 .0321 TRAINING ESTABLISHMENT REQUIREMENTS
Any North Carolina licensed optician,
ophthalmologist, or optometrist as provided in G.S. 90‑237 (4) and G.S.
90‑240 (a)(2) and (3) who proposes to train an apprentice or intern to
become an optician shall fill out and sign under oath an application to do so.
In addition, the training establishment must meet the requirements of the Board
to train an apprentice or intern in opticianry. These requirements are:
(1) providing the list of minimum
equipment specified by the Board;
(2) submitting a schedule of work
processes and indicating the number of hours to be devoted to each work process
for the apprentice and/or intern as outlined in the curriculum approved by the
Board;
(3) administering and returning any test
required by the Board for trainees and submitting periodic statements regarding
compliance; and
(4) allowing on‑site inspection of
the training establishment by the Board.
History Note: Authority G.S. 90‑237(4); 90‑240(3);
90‑243; 90‑249;
Eff. November 1, 1981;
Amended Eff. February 1, 1989.
21 NCAC 40 .0322 TEMPORARY LICENSES
History Note: Authority G.S. 90‑241; 90‑249;
90‑250; 90‑252;
Eff. November 1, 1981;
Repealed Eff. February 1, 1989.
21 NCAC 40 .0323 Affidavit of applicant
(a) Applicants for any Board process (training,
examination, and licensure application) shall attest under oath to the
completeness and accuracy of the information contained in applications.
(b) The Board may decide to conduct a criminal background
check as a part of its application review. Application fees are inclusive of
costs involved for such investigations, and no additional charges shall be
assessed against the applicant.
(c) If an applicant submits incomplete, false, or
misleading information, the Board shall bar any applicant from admission to
examination, apprenticeship, internship, business or training establishment
registrations or licensure.
(d) If any optician, optometrist, or ophthalmologist
submits incomplete, false or misleading information, then the Board shall bar
them from training.
History Note: Authority G.S. 90‑243; 90‑249;
Eff. November 1, 1981;
Amended Eff. September 1, 2012; February 1, 1989.
21 NCAC 40 .0324 CHARACTER; CONVICTIONS
When any provision of G.S. 90, Article 17, requires an
applicant to have good moral character, the applicant shall submit to the Board
affidavits of two persons who have been acquainted with the applicant for at least
three years immediately preceding the application. The Board shall require
applicants for licensure and for license renewals and reinstatements to state
whether the applicant has been convicted of a crime.
History Note: Authority G.S. 90-237(2a); 90-239;
90-241(a)(2); 90-249.1(a)(8);
Eff. August 1, 1998.
SECTION .0400 ‑ ADMINISTRATIVE HEARINGS
21 NCAC 40 .0401 NOTICE OF HEARING
21 NCAC 40 .0402 AGGRIEVED PERSON
21 NCAC 40 .0403 INTERVENTION DURING HEARING
21 NCAC 40 .0404 TYPES OF INTERVENTION
21 NCAC 40 .0405 FAILURE TO APPEAR
21 NCAC 40 .0406 SIMPLIFICATION OF ISSUES
21 NCAC 40 .0407 SUBPOENAS
History Note: Authority G.S. 1A‑1; 90‑249;
150A‑23(a); 150A‑25(a); 150A‑27; 150A‑33(5);
150A‑43 through 150A‑46;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. November 1, 1981.
21 NCAC 40 .0408 APPLICABLE HEARING RULES
When the Board elects to have the Office of Administrative
Hearings hear a contested case, the Board's rules pertaining to contested case
hearings, instead of the rules of the Office of Administrative Hearings, shall
apply.
History Note: Authority G.S. 90‑249; 150B‑38(h);
Eff. May 1, 1989.
21 NCAC 40 .0409 RIGHT TO HEARING
When the Board acts or proposes to act, other than in
rulemaking or declaratory ruling proceedings, in a manner which will affect the
rights, duties, or privileges of a specific, identifiable person, such person
has the right to an administrative hearing. When the Board proposes to act in
such a manner, it shall give all such affected persons notice of their right to
a hearing by mailing to them, by certified mail, at their last known address a
notice of the proposed action and a notice of a right to a hearing.
History Note: Authority G.S. 90‑239; 150B‑11;
150B‑38;
Eff. May 1, 1989.
21 NCAC 40 .0410 REQUEST FOR HEARING
(a) Any time an individual believes that individual's
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,
that individual may file a formal request for a hearing.
(b) Before an individual may file a request, that
individual is encouraged to exhaust all reasonable efforts to resolve the issue
informally with the Board.
(c) Subsequent to such informal action, if still
dissatisfied, the individual should submit a request to the Board's office,
with the request bearing the notation: REQUEST FOR ADMINISTRATIVE HEARING. The
request should contain the following information:
(1) name and address of the petitioner,
(2) a concise statement of the action taken by
the Board which is challenged,
(3) a concise statement of the way in which the
petitioner has been aggrieved, and
(4) a clear and specific statement of request
for a hearing.
(d) The request will be acknowledged promptly and, if
deemed appropriate by the Board in accordance with 21 NCAC 40 Rule .0411, a
hearing will be scheduled.
History Note: Authority G.S. 90‑239; 150B‑11;
150B‑38;
Eff. May 1, 1989.
21 NCAC 40 .0411 GRANTING OR DENYING HEARING REQUEST
(a) The Board will grant a request for a hearing if it
determines that the party requesting the hearing is a "person
aggrieved" within the meaning of G.S. 150B‑2(6).
(b) The denial of a request for a hearing will be issued
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) Approval of a request for a hearing will be signified
by issuing a notice as required by G.S. 150B‑38(b) and explained in Rule
.0412 of this Section.
History Note: Authority G.S. 90‑239; 150B‑11;
150B‑38;
Eff. May 1, 1989.
21 NCAC 40 .0412 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. Upon service of the order, the licensee to whom the order is directed
shall immediately cease the practice of opticianry 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. 90‑239; 150B‑3(c);
150B‑11; 150B‑38;
Eff. May 1, 1989.
21 NCAC 40 .0413 WHO SHALL HEAR CONTESTED CASES
All administrative hearings will be conducted by the Board,
a panel consisting of a majority of the members of the Board, or an
administrative law judge designated to hear the case pursuant to G.S. 150B‑40(e).
History Note: Authority G.S. 90‑239; 150B‑11;
150B‑38; 150B‑40;
Eff. May 1, 1989.
21 NCAC 40 .0414 INFORMAL PROCEDURES
The Board and the party or parties may agree in advance to
simplify the hearing by: decreasing the number of issues to be contested at the
hearing; accepting the validity of certain proposed evidence; accepting the findings
in some other case with relevance to the case at hand; or agreeing to such
other matters as may expedite the hearing.
History Note: Authority G.S. 90‑239; 150B‑11;
150B‑41;
Eff. May 1, 1989.
21 NCAC 40 .0415 PETITION FOR INTERVENTION
(a) A person desiring to intervene in a contested case must
file a written petition with the Board's office. The request should bear the
notation: PETITION TO INTERVENE IN THE CASE OF (Name of case).
(b) The petition must include the following information:
(1) the name and address of petitioner;
(2) the business or occupation of petitioner,
where relevant;
(3) a full identification of the hearing in
which petitioner is seeking to intervene;
(4) the statutory or non‑statutory
grounds for intervention;
(5) any claim or defense in respect of which
intervention is sought; and
(6) a summary of the arguments or evidence
petitioner seeks to present.
(c) If the Board determines to allow intervention, notice
of that decision will be issued promptly to all parties, and to the petitioner.
In cases of discretionary intervention, such notification will include a
statement of any limitations of time, subject matter, evidence or whatever else
is deemed necessary which are imposed on the intervenor.
(d) If the Board's decision is to deny intervention, the
petitioner will be notified promptly. Such notice will be in writing,
identifying the reasons for the denial, and will be issued to the petitioner
and all parties.
History Note: Authority G.S. 90‑239; 150B‑11;
150B‑38;
Eff. May 1, 1989.
21 NCAC 40 .0416 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,
will be granted if the petitioner meets the criteria of that rule and the petition
is timely.
(b) Permissive Intervention. A petition to intervene
permissively as provided in the North Carolina Rules of Civil Procedure, Rule
24 will be granted if the petitioner meets the criteria of that rule and the
Board determines that:
(1) There is sufficient 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) Discretionary Intervention. The Board may allow
discretionary intervention, with whatever limits and restrictions are deemed
appropriate.
History Note: Authority G.S. 90‑239; 150B‑11;
150B‑38;
Eff. May 1, 1989.
21 NCAC 40 .0417 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 should 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 and Effect of Affidavit. An affidavit of
disqualification will be considered timely if filed ten days before
commencement of the hearing. Any other affidavit will be considered timely
provided it is filed at the first opportunity after the party becomes aware of
facts which give rise to a reasonable belief that a Board member may be
disqualified under this Rule. Where a petition for disqualification is filed
less than ten days before or during the course of a hearing, the hearing shall
continue with the challenged Board member sitting. 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 will not participate in further deliberation or decision of
the case.
(e) Procedure for Determining Disqualification:
(1) The Board will appoint a Board member to
investigate the allegations of the affidavit.
(2) The investigator will report to the Board
the findings of the investigation.
(3) The Board shall decide whether to
disqualify the challenged individual.
(4) The person whose disqualification is to be
determined will 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
will continue with the remaining members sitting provided that the remaining
members still constitute a majority of the Board.
(6) If four 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. 90‑239; 150B‑11;
150B‑38; 150B‑40;
Eff. May 1, 1989.
21 NCAC 40 .0418 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, 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, shows 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) Subpoenas shall be served by the sheriff of the county
in which the person subpoenaed resides, when the party requesting such subpoena
prepays the sheriff's service fee. The subpoena shall be issued in duplicate,
with a "return of service" form attached to each copy. A person
serving the subpoena shall fill out the "return of service" form for
each copy and properly return one copy of the subpoena, with the attached
"return of service" form completed, to the Board.
(d) Any person receiving a subpoena from the Board may
object thereto by filing a written objection to the subpoena with the Board's
office.
(e) Such 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.
(f) 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.
(g) The party who requested the subpoena, in such time as
may be granted by the Board, may file a written response to the objection. The
written response shall be served by the requesting party on the objecting
witness simultaneously with filing the response with the Board.
(h) 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 evidence
and testimony may be presented, limited to the narrow questions raised by the
objection and response.
(i) Promptly after the close of such hearing, the majority
of the Board members hearing the contested case will rule on the challenge and
issue a written decision. A copy of the decision will be issued to all parties
and made a part of the record.
History Note: Authority G.S. 90‑239; 150B‑11;
150B‑38; 150B‑39; 150B‑40;
Eff. May 1, 1989.
21 NCAC 40 .0419 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 may exclude witnesses from
the hearing room so that they cannot hear the testimony of other witnesses.
History Note: Authority G.S. 90‑239; 150B‑11;
150B‑38; 150B‑40;
Eff. May 1, 1989.
21 NCAC 40 .0420 FINAL DECISION
In all cases heard by the Board, the Board will issue its
decision within 60 days after its next regularly scheduled meeting following
the close of the hearing. This decision will be the prerequisite "final
agency decision" for the right to judicial review.
History Note: Authority G.S. 90‑239; 150B‑11;
150B‑38; 150B‑42;
Eff. May 1, 1989.
21 NCAC 40 .0421 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 3 .0026. The parties 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 filed 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 should 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 will be issued promptly to all parties designating the 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 will 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 will 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 will be rendered within 60 days of the next regularly scheduled
Board meeting following receipt of the written exceptions.
History Note: Authority G.S. 90‑239; 150B‑11;
150B‑38; 150B‑40;
Eff. May 1, 1989.
21 NCAC 40 .0422 MOTIONS FOR CONTINUANCE
(a) The Chair or presiding officer shall grant motions for
a continuance of a hearing upon a showing of good cause. In determining whether
good cause exists, the Chair or presiding officer shall consider the ability of
the party requesting a continuance to:
(1) Proceed effectively without a continuance;
(2) Obtain legal counsel, and whether efforts
to obtain counsel have been diligent;
(3) Obtain consent of the other party in the
hearing;
(4) Have key witnesses that are unavailable for
the hearing; and
(5) Have witnesses who have been served with a
subpoena unavailable for the hearing.
(b) Motions for a continuance shall be in writing and shall
be received in the office of the Board no less than seven calendar days before
the hearing date.
(c) A motion for a continuance which is filed less than
seven calendar days from the date of the hearing shall be denied, unless the
reason for the motion could not have been ascertained earlier.
(d) Motions for continuance filed on the day of the hearing
shall be ruled on by the Chair or presiding officer.
History Note: Authority G.S. 90-239;
Eff. September 1, 2012.
SECTION .0500 ‑ DECLARATORY RULINGS
21 NCAC 40 .0501 SUBJECTS OF DECLARATORY RULINGS
21 NCAC 40 .0502 SUBMISSION OF REQUEST FOR RULING
21 NCAC 40 .0503 DISPOSITION OF REQUESTS
History Note: Authority G.S. 90‑249; 150A‑17;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. November 1, 1981.
SECTION .0600 ‑ RULEMAKING HEARINGS
21 NCAC 40 .0601 REQUEST TO PARTICIPATE
21 NCAC 40 .0602 CONTENTS OF REQUEST: TIME
LIMITATIONS
21 NCAC 40 .0603 WRITTEN SUBMISSIONS
21 NCAC 40 .0604 BOARD PRESIDING AT HEARING
21 NCAC 40 .0605 STATEMENT OF REASONS FOR DECISION
History Note: Authority G.S. 90‑249; 150A‑12(a);
150A‑12(d); 150A‑12(e);
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. November 1, 1981.
