CHAPTER 17 ‑ NORTH CAROLINA ALARM SYSTEMS LICENSING
BOARD
SECTION .0100 ‑ ORGANIZATION AND GENERAL PROVISIONS
14B NCAC 17 .0101 PURPOSE
The Alarm Systems Licensing Board is
established within the North Carolina Department of Justice for the purpose of administering
the licensing of and setting the educational and training requirements for
persons, firms, associations and corporations engaged in providing alarm
systems and services to citizens of North Carolina.
History Note: Authority G.S. 74D‑4;
Temporary Rule Eff. January 9, 1984, for a Period of 120
Days to Expire on May 7, 1984;
Eff. May 1, 1984;
Transferred and Recodified from 12 NCAC 11 .0101 Eff.
July 1, 2015.
14B ncac 17 .0102 location
The administrative offices of the Alarm Systems Licensing
Board are located at 4901 Glenwood Avenue, Suite 200, Raleigh, North Carolina
27612, telephone (919) 788-5320.
History Note: Authority G.S. 74D-4; 74D-5;
Temporary Rule Eff. January 9, 1984, for a Period of 120
Days to Expire on May 7, 1984;
Eff. May 1, 1984;
Amended Eff. December 1, 2012;
Transferred and Recodified from 12 NCAC 11 .0102 Eff.
July 1, 2015.
14b NCAC 17 .0103 DEFINITIONS
In addition to the definitions under G.S. Chapter 74D, the
following definitions shall apply throughout this Chapter:
(1) "Applicant" means any person, firm, or
corporation applying to the Board for a license or registration.
(2) "Board" means the Alarm Systems Licensing
Board established by G.S. Chapter 74D.
(3) "Branch Manager or Operator" means the
licensee endowed with the responsibility and liability for a branch office.
(4) "Branch Office" means a separate but
dependent part of a central organization. The establishment of a telephone
number or mailing address in the company name constitutes prima facie evidence
of a branch office.
(5) "Chairman" means the Chairman of the
Alarm Systems Licensing Board.
(6) "Installs" means placing an alarm device
in a residential or commercial location and includes demonstrating the
utilization of an alarm system device for a specific location and function
within the protected premises and, with such knowledge of the alarm system
operation, delivering that device to the owner or operator of the protected
premises.
(7) "Licensee" means any person licensed
pursuant to G.S. Chapter 74D.
(8) "Responds" means receiving a monitored
alarm signal that indicates the existence of an unauthorized intrusion or
taking from the premises of a customer, and being required by contract to take
action upon receipt of that alarm signal.
(9) "Services" means inspecting, testing,
repairing or replacing an alarm system device within protected premises.
(10) "Monitors" means receiving a signal from
protected premises or contracting with a person, firm or corporation to provide
accessible equipment and personnel to receive a signal from an alarm device in
a residential or commercial location and take certain action in response.
(11) "Qualifying Agent" means any person who
meets the requirements of G.S. 74D‑2(c), provided that no licensee may
act as qualifying agent for more than one alarm systems business without prior
authorization of the Board.
(12) "Knowledge of Specific Applications" means
obtaining specific information about the premises which is protected or is to
be protected, such knowledge gained during an on‑site visit. Conducting
a survey shall be prima facie evidence that knowledge of specific application has
been gained.
(13) "Employee" means a person who has an
agreement with a licensee to perform alarm systems business activities under
the direct supervision and control of the licensee, for whose services any
charges are determined imposed and collected by the licensee, and for whose
alarm systems business activities the licensee is legally liable.
(14) "Agency Head" means the Chairman of the
Alarm Systems Licensing Board.
History Note: Authority G.S. 74D‑2; 74D‑5;
Temporary Rule Eff. January 9, 1984, for a Period of 120
Days to Expire on May 7, 1984;
Eff. May 1, 1984;
Amended Eff. August 1, 1988; February 1, 1988; July 1,
1987; January 1, 1986;
Transferred and Recodified from 12 NCAC 11 .0103 Eff.
July 1, 2015.
14B NCAC 17 .0104 DISCIPLINARY ACTIONS
(a) The Board may deny, suspend, or revoke a license or
registration in accordance with G.S. Chapter 74D and this Chapter.
(b) The Board may issue a written reprimand to a holder of
a license or registration identification card when the Board determines:
(1) the holder has violated any of the
provisions of this Chapter or G.S. Chapter 74D that were applicable to the
holder;
(2) the violation did not result in the
physical injury of any person or property loss to any person; and
(3) the holder expresses an intention to or
already has corrected the improper activity.
(c) A notice of any disciplinary action shall be sent to
the employer of the holder, the qualifying agent and the holder.
(d) Evidence of disciplinary action may be presented and
considered at any subsequent disciplinary proceeding of the holder.
History Note: Authority G.S. 74D‑2; 74D‑5;
74D‑6; 74D‑8; 74D‑10;
Temporary Rule Eff. January 9, 1984, for a Period of 120
Days to Expire on May 7, 1984;
Eff. May 1, 1984;
Amended Eff. July 1, 1987;
Transferred and Recodified from 12 NCAC 11 .0104 Eff.
July 1, 2015.
14b NCAC 17 .0105 PROHIBITED ACTS
In addition to the prohibited acts set forth elsewhere in this
Subchapter and in Chapter 74D of the General Statutes, any applicant, licensee,
or registrant who does any of the following shall have his or her application
denied, or his or her license or registration revoked or suspended:
(1) Displays or causes or permits to be displayed, or
has in his or her possession any cancelled, revoked, suspended, fictitious,
fraudulently altered license or registration identification card, or any
document simulating a license or registration identification card or purporting
to be or to have been issued as a license or registration identification card;
(2) Lends his or her license or registration
identification card to any person or allows the use thereof by another;
(3) Displays or represents any license or registration
identification card not issued to him or her as being his or her license or
registration identification card;
(4) Includes in any advertisement a statement which
implies official state authorized certification or approval other than this
statement: "Licensed by the Alarm Systems Licensing Board of the State of
North Carolina." Licensees may include their license number.
(5) Includes in the company name the word
"police" or other law enforcement designation that implies that the
alarm company is affiliated with a local, state, or federal law enforcement
agency.
(6) Makes any false statement or gives any false
information to a third party provider in connection with any criminal history
record check provided to the Board.
History Note: Authority G.S. 74D-5; 74D-6; 74D-10;
Temporary Rule Eff. January
9, 1984, for a Period of 120 Days to Expire on May
7, 1984;
Eff. May 1, 1984;
Amended Eff. June 1, 2014; August 1, 2007;
Transferred and Recodified from 12 NCAC 11 .0105 Eff.
July 1, 2015.
14b NCAC 17 .0106 DETERMINATION OF EXPERIENCE
(a) Experience requirements shall be determined in the
following manner: one year's experience = 1,000 hours.
(b) The Board shall not consider any experience claimed by
the applicant if gained while not in possession of a valid license or
registration while such license or registration was required by existing or
previously existing laws of the United States, any State, or any political subdivision
thereof.
History Note: Authority G.S. 74D-5;
Temporary Rule Eff. January 9, 1984, for a Period of 120
Days to Expire on May 7, 1984;
Eff. May 1, 1984;
Amended Eff. November 1, 2010; September 1, 1993;
Transferred and Recodified from 12 NCAC 11 .0106 Eff.
July 1, 2015.
14B NCAC 17 .0107 RULEMAKING AND ADMINISTRATIVE HEARING
PROCEDURES
The Administrative Procedures for rule‑making
and hearings, codified at Title 26, Subchapters 2 and 3 of the North Carolina
Administrative Code, effective August 1, 1986, are hereby adopted by reference
to apply to actions of the Alarm Systems Licensing Board. Pursuant to G.S.
150B‑14(c) this reference shall automatically include any later
amendments and additions to Title 26 Subchapters 2 and 3 of the North Carolina
Administrative Code.
History Note: Authority G.S. 74D‑5;
Eff. August 1, 1988;
Transferred and Recodified from 12 NCAC 11 .0122 Eff.
July 1, 2015.
14B NCAC 17 .0108 CONSUMER
CONTRACT AND DISCLOSURE REQUIREMENTS FOR ALARM SERVICES
(a) Every person, firm, association or
corporation licensed to engage in the alarm systems business in North Carolina
who sells, installs, services, responds to or monitors electrical, electronic
or mechanical alarm systems shall execute with the consumer a written contract
in all transactions that must consist of the following:
(1) A description of the sale(s)
and/or service(s) in brief, simple terminology;
(2) The company's name, address,
telephone number, and North Carolina Alarm Systems License Number and the North
Carolina Alarm Systems Licensing Board's address and telephone number.
(b) Any person, firm, association or
corporation licensed to engage in the alarm systems business in North Carolina
by providing sales, installation, service, response, or monitoring to a
consumer and who unilaterally terminates, causes to be terminated or reasonably
knows of the termination of the monitoring, response or service to that
consumer, shall provide notification to that consumer by verified personal
service or certified mail at least 10 days prior to cessation of the
service(s). This provision shall not apply to consumer initiated action to
terminate or upon consumer relocation.
(c) Any person, firm, association or
corporation licensed to engage in the alarm systems business in North Carolina
by providing sales, installation, service, response, or monitoring to a
consumer and who changes or causes to be changed the monitoring, response or
service to that consumer, shall provide written notification to that consumer
of the change, the effective date, and the name, address and telephone number
of the new provider.
History Note: Authority G.S. 74D-2(a); 74D-5;
Eff. July 1, 1995;
Transferred and Recodified from 12 NCAC 11 .0123 Eff.
July 1, 2015.
section .0200 – provisions for licensees
14B ncac 17 .0201 APPLICATION FOR LICENSE
(a) Each applicant for a license shall complete an
application form provided by the Board. This form and one additional copy
shall be submitted to the administrator and shall be accompanied by:
(1) one set of classifiable fingerprints on an
applicant card provided by the Board;
(2) one head and shoulders digital photograph of
the applicant in JPG format of acceptable quality for identification and taken
within six months prior to submission and submitted by e-mail to PPSB/ASLB-photos@ncdoj.gov or by compact disc;
(3) for residents of North Carolina statements
of the results of a statewide criminal history records search for the past five
years conducted by an Administrative Offices of the Courts' approved firm that
conducts criminal history searches and bases its search on the criminal history
database maintained by the North Carolina Administrative Offices of the Courts;
(4) for out-of-state residents, statements of
the results of a statewide criminal history records search for the past five
years conducted by a Board approved company under contract with, or appointed
by, the Board to conduct criminal history searches which bases its search on
the criminal history database maintained by the state of residence;
(5) the applicant's application fee; and
(6) an Equifax credit check run within 30 days
of the license application submission date.
(b) Each applicant must provide evidence of high school
graduation either by diploma, G.E.D. certificate, or other equivalent
documentation.
(c) Each applicant for a license shall meet personally with
either a Board investigator, the Screening Committee, the Director, or a Board
representative designated by the Director prior to being issued a license. The
applicant shall discuss the provisions of G.S. 74D and the administrative rules
during the personal meeting. The applicant shall sign a form provided by the
Board indicating that the applicant has reviewed the information with the
Board's representative and that the applicant has an understanding of G.S. 74D
and the administrative rules.
(d) Each applicant for a branch office license shall
complete an application form provided by the Board. This form and one
additional copy shall be submitted to the administrator and shall be
accompanied by the branch office application fee.
History Note: Authority G.S. 74D-2; 74D-3; 74D-5;
74D-7;
Temporary Rule Eff. January 9, 1984, for a period of 120
days to expire on May 7, 1984;
Eff. May 1, 1984;
Amended Eff. December 1, 2012; February 1, 2012; January
1, 2007; September 1, 2006; March 1, 1993; July 1, 1987; January 1, 1986;
Transferred and Recodified from 12 NCAC 11 .0201 Eff.
July 1, 2015.
14B NCAC 17 .0202 EXPERIENCE REQUIREMENTS FOR LICENSE
(a) Applicants for an alarm system license must meet the
following requirements which are additional to those specified in G.S. 74D:
(1) Establish to the Board's satisfaction two
year's experience within the past five years in alarm systems installation,
service, or alarm systems business management;
(2) No longer than one year prior to the
application date, successfully pass an oral or written examination deemed by
the Board to measure an individual's knowledge and competence in the alarm
systems business; or
(3) No longer than one year prior to the
application date, successfully complete the Certified Alarm Technician Level I
Course offered by the National Burglar and Fire Alarm Association.
(b) Any applicant who takes the examination administered by
the Board under Subparagraph (a)(2) of this Rule and who does not successfully
complete said examination after two attempts, must wait six months before being
allowed to take the examination again.
History Note: Authority G.S. 74D‑5;
Temporary Rule Eff. January
9, 1984, for a period of 120 days to expire on May
7, 1984;
Eff. May 1, 1984;
Amended Eff. January
1, 2007; August 1, 1998; January 1, 1995; March
1, 1993; August 3, 1992; June 1, 1990;
Transferred and Recodified from 12 NCAC 11 .0202 Eff.
July 1, 2015.
14b NCAC 17 .0203 FEES FOR LICENSES
(a) Application license fees are as follows:
(1) One hundred fifty dollars ($150.00)
non-refundable initial application fee;
(2) Three hundred seventy-five dollar ($375.00)
biennial fee for a new or renewal license;
(3) One hundred fifty dollars ($150.00) branch
office license fee;
(4) One hundred dollars ($100.00) late renewal
fee to be paid in addition to the renewal fee if the license has not been
renewed on or before the expiration date.
(b) Fees shall be paid in the form of a check or money
order made payable to the Alarm Systems Licensing Board.
History Note: Authority G.S. 74D-7;
Temporary Rule Eff. January 9, 1984, for a period of 120
days to expire on May 7, 1984;
Eff. May 1, 1984;
Amended Eff. January 1, 1986;
Temporary Amendment Eff. October 6, 1992 for a period of
180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. February 1, 2010; March 1, 1993;
Transferred and Recodified from 12 NCAC 11 .0203 Eff.
July 1, 2015.
14B NCAC 17 .0204 RENEWAL OR RE-ISSUE OF LICENSE
(a) Each applicant for a license renewal shall complete a
renewal form provided by the Board. This form shall be submitted to the administrator
not less than 30 days prior to expiration of the applicant's current license
and shall be accompanied by:
(1) two head and shoulders color photographs of
the applicant of acceptable quality for identification and made within 90 days
of the application one inch by one inch in size;
(2) statements of the result of a local
criminal history records search by the City/County Identification Bureau or
Clerk of Superior Court in each county where the applicant has resided within
the immediately preceding 24 months;
(3) the applicant's renewal fee; and
(4) proof of liability insurance pursuant to
G.S. Sec. 74D-9.
(b) Applications for renewal shall be submitted not less
than 30 days before the expiration date of the license. In no event shall
renewal be granted more than 90 days after the date of expiration of a
license. Renewals shall be dated on the next day following expiration of the
prior license.
(c) Applications for renewal submitted after the expiration
date of the license shall be accompanied by the late renewal fee established by
Rule .0203 of this Section and must be submitted not later than 90 days after
the expiration date of the license.
(d) The administrator shall approve or deny all
applications for renewal. Any denials shall be submitted to the Board for a
final board decision.
(e) Members of the armed forces whose licenses are in good
standing and to whom G.S. 105-249.2 grants an extension of time to file a tax
return are granted the same extension of time to pay the license renewal fee
and to complete the continuing education requirements prescribed by Section
.0500 of this Chapter. A copy of the military order or the extension approval
by the Internal Revenue Service or by the North Carolina Department of Revenue
must be furnished to the Board.
History Note: Authority G.S. 74D-2(a); 74D-5; 93B-15;
Eff. January 1, 1995;
Temporary Adoption Eff. May 18, 1995;
Amended Eff. February 1, 2012; July 1, 2010; May 1, 1999;
October 1, 1995;
Transferred and Recodified from 12 NCAC 11 .0204 Eff.
July 1, 2015.
14b NCAC 17 .0205 IDENTIFICATION CARDS OF LICENSEES
Upon the issuance of a license, a pocket identification card
of design, size, and content approved by the Board shall be issued by the
administrator. Such card will be evidence that the holder is duly licensed
under G.S. Chapter 74D. The holder shall have this card in his possession at
all times when he is within the scope of his employment.
History Note: Authority G.S. 74D‑7;
Temporary Rule Eff. January 9, 1984, for a period of 120
days to expire on May 7, 1984;
Eff. May 1, 1984;
Transferred and Recodified from 12 NCAC 11 .0205 Eff.
July 1, 2015.
14b NCAC 17 .0206 RECORDS INSPECTION
(a) Records of a licensee maintained to satisfy the
requirements of G.S. Chapter 74D or this Chapter are subject to inspection by
the Director or his staff upon demand between 8:00 a.m. and 5:00
p.m. Monday through Friday.
(b) All licensees having registered employees shall submit
a copy of their current quarterly Employment Security Commission NCUI 101‑625
to the Director's office at the same time the form is submitted to the
Employment Security Commission; and an additional list of non‑Employment
Security Commission employees currently employed by the licensee with the dates
of employment. In lieu of submitting copies of the quarterly reports, the
Board may request, and the licensee shall provide within 10 days of the
request, the businesses' Employment Security Commission account number along
with the personal identification number (PIN) so that the Board may access the
data electronically. Those licensees who do not submit an Employment Security Commission
NCUI 101‑625 shall submit the names of their employees on a form provided
by the Board. The licensee of a firm, association, or corporation that license
a department or division shall also submit additional documentation as required
by Paragraph (c) of this Rule.
(c) If a department or division of a firm, association, or
corporation is licensed, then the licensee must submit a list of all employees
who work with the department or division to the Board prior to the issuance of
the license. This list must indicate the employees that work with the
department or division and are listed on the report required in Paragraph (b)
of this Rule. If the department or division hires a new employee, the licensee
must report the hiring within 5 days of employment.
(d) All records required to be kept by either Chapter 74D
of the General Statutes of North Carolina or by this Chapter shall be retained
for at least three years. If the licensee is unable to produce records as
required by this Rule, the licensee shall give the Board it's Employment
Security Commission account number along with the personal identification
number (PIN) so that the Board may access the data electronically.
History Note: Authority G.S. 74D‑5;
Temporary Rule Eff. January
9, 1984, for a period of 120 days to expire on May
7, 1984;
Eff. May 1, 1984;
Amended Eff. September 1, 2009; March 1, 1993; August 1,
1988; July 1, 1987; January 1, 1986;
Transferred and Recodified from 12 NCAC 11 .0206 Eff.
July 1, 2015.
14B NCAC 17 .0207 LICENSE REQUIREMENTS
All licensees must inform the Board of their home address,
business street address, home telephone number and business telephone number
and inform the Board of any changes as they occur.
History Note: Authority G.S. 74D‑5;
Eff. June 1, 1990;
Transferred and Recodified from 12 NCAC 11 .0207 Eff.
July 1, 2015.
14b NCAC 17 .0208 TRAINING REQUIREMENTS FOR ALARM
LICENSEES
Every Alarm licensee shall satisfactorily complete viewing
of a video training session offered by the Alarm Systems Licensing Board. This
video training session will be offered quarterly and must be completed by the
licensee within 90 days of licensure.
History Note: Authority G.S. 74D-5(a)(2);
Eff. March 1, 1993;
Transferred and Recodified from 12 NCAC 11 .0208 Eff.
July 1, 2015.
14b ncac 17 .0209 COMPANY BUSINESS LICENSE
(a) Any firm, association, or corporation required to be
licensed pursuant to G.S. 74D-2(a) shall submit an application for a company
business license on a form provided by the Board. A sole proprietorship that
is owned and operated by an individual holding a current alarm systems business
license shall be exempt from this Rule. This application for license shall
call for such information as the firm, association, or corporation name; the
address of its principal office within the State; any past conviction for
criminal offenses of any company director or officer; information concerning
the past revocation, suspension or denial of a business or professional license
to any director or officer; a list of all directors and officers of the firm,
association, or corporation; a list of all persons, firms, associations,
corporations or other entities owning 10 percent or more of the outstanding
shares of any class of stock; and the name and address of the qualifying agent.
(b) In addition to the items required in Paragraph (a) of
this Rule, an out-of-state company shall further qualify by filing with its
application for a license, a copy of its certificate of authority to transact
business in this state issued by the North Carolina Secretary of State in
accordance with G.S. 55-15-01 and a consent to service of process and pleadings
which shall be authenticated by its company seal and accompanied by a duly
certified copy of the resolution of the board of directors authorizing the
proper officer or officers to execute said consent.
(c) After filing a completed written application with the
Board, the Board shall conduct a background investigation to ascertain if the
qualifying agent is in a management position. The Board shall also determine
if the directors or officers have the requisite good moral character as defined
in G.S. 74D-6(3). It shall be prima facie evidence of good moral character if
a director or officer has not been convicted by any local, State, federal, or
military court of any crime involving the use, carrying, or possession of a
firearm; conviction of any crime involving the use, possession, sale,
manufacture, distribution, or transportation of a controlled substance, drug,
narcotic, or alcoholic beverage; conviction of a crime involving assault or an
act of violence; conviction of a crime involving breaking or entering,
burglary, larceny, or any offense involving moral turpitude; or does not have a
history of addiction to alcohol or a narcotic drug; provided that, for purposes
of this Section, "conviction" means and includes the entry of a plea
of guilty or no contest or a verdict rendered in open court by a judge or jury.
(d) Upon satisfactory completion of the background
investigation, a company business license may be issued. This license shall be
conspicuously displayed at the principle place of business within the State of North Carolina.
(e) The company business license shall be issued only to
the corporation and shall not be construed to extend to the licensing of its
directors, officers, or employees.
(f) The issuance of the company business license is issued
to the firm, association, or corporation in addition to the license issued to
the qualifying agent. Therefore, the qualifying agent for the firm,
association, or corporation which has been issued the company business license
shall be responsible for assuring compliance with G.S. 74D.
(g) Within 90 days of the death of a licensee, the existing
qualifying agent or a newly designated replacement qualifying agent for the
company may submit a written request to the Board, asking that the deceased licensee's
license number remain on company advertisements. The Board shall permit the
use of the deceased licensee's license number only if the current qualifying
agent's license number is printed immediately adjacent to and in the same size
print as the deceased licensee's license number.
History Note: Authority G.S. 74D-2(a); 74D-5;
Eff. November 1, 1993;
Amended Eff. July 1, 2005; March 1, 1995;
Transferred and Recodified from 12 NCAC 11 .0209 Eff.
July 1, 2015.
14b NCAC 17 .0210 ELECTRICAL CONTRACTING LICENSE
REQUIREMENTS
(a) Each firm, association, corporation, department,
division, or branch office required to be licensed pursuant to G.S. 74D-2(a)
must employ on a full-time basis a licensee or registered employee who holds a
license for either a SP-LV, limited, intermediate or unlimited examination as
administered by the North Carolina Board of Examiners of Electrical
Contractors. Pursuant to Rule .0206 of this Section, each firm, association,
corporation, department, division, or branch office must maintain in its
records a copy of the licensee's or registered employee's Electrical
Contractors License.
(b) In the event the licensee holding the electrical
contractor's license ceases to perform his duties, the business entity shall
notify the Board in writing within 10 working days. The business entity must
obtain a substitute electrical contractor licensee within 30 days after the
original electrical licensee ceases to serve.
(c) If a company provides only alarm systems monitoring
services and submits a written request to the Board certifying that they
provide only monitoring services and do not sell, install, service, or respond
to burglar alarms, the Board shall exempt the company from compliance with this
rule. If the company later elects to sell, install, service or respond to
burglar alarms, then the company shall be required to fulfill the requirements
of this rule.
History Note: Authority G.S. 74D-2(a); 74D-5;
Eff. January 1, 1995;
Temporary Adoption Eff. May 18, 1995;
Amended Eff. September 1, 2008; May 1, 1999; October 1,
1995;
Transferred and Recodified from 12 NCAC 11 .0210 Eff.
July 1, 2015.
section .0300 – provisions for registrants
14B NCAC 17 .0301 APPLICATION FOR REGISTRATION
(a) Each licensee or qualifying agent shall submit and sign
an application form for the registration of his employee on a form provided by
the Board. This form, when sent to the board, shall be accompanied by:
(1) one set of classifiable fingerprints on a
standard F.B.I. applicant card,
(2) one head and shoulders digital photograph
of the applicant in JPG format of acceptable quality for identification and taken
within six months prior to submission and submitted by e-mail to PPSB/ASLB-photos@ncdoj.gov or by compact disc;
(3) for residents of North Carolina statements
of the results of a statewide criminal history records search for the preceding
48 months conducted by an Administrative Offices of the Courts' approved firm
that conducts criminal history searches and bases its search on the criminal
history database maintained by the North Carolina Administrative Offices of the
Courts;
(4) for out-of-state residents, statements of
the results of a statewide criminal history records search for the past 48
months conducted by a Board approved company under contract with, or appointed
by, the Board to conduct criminal history search which bases its searches on
the criminal history database maintained by the state of residence; and
(5) the registration fee required by Rule .0302
of this Section.
(b) The employer of an applicant who is currently
registered with another alarm business shall complete an application form
provided by the Board. This form shall be accompanied by the applicant's
multiple registration fee.
(c) The employer of each applicant for registration shall
retain a copy of the applicant's application in the individual applicant's
personnel file in the employer's office.
(d) The employer of each applicant for registration shall
complete and submit to the Board a certification of the background and criminal
record check of every applicant signed by the licensee or qualifying agent. A
copy of this certification shall be retained in the individual applicant's
personnel file in the employer's office.
History Note: Authority G.S. 74D-5; 74D-8;
Temporary Rule Eff. January 9, 1984 for a Period of 120
Days to Expire on May 7, 1984;
Eff. May 1, 1984;
Amended Eff. December 1, 2012; January 1, 2007; July 1,
1993; March 1, 1993; September 1, 1990; November 1, 1988;
Transferred and Recodified from 12 NCAC 11 .0301 Eff.
July 1, 2015.
14B NCAC 17 .0302 FEES FOR REGISTRATION
(a) Registration fees are as follows:
(1) Forty-five dollar ($45.00) non-refundable
biennial registration fee;
(2) Ten dollar ($10.00) non-refundable re-issue
fee for lost cards or for registration of an employee who changes employment to
another licensee;
(3) Ten dollar ($10.00) non-refundable annual
multiple registration fee;
(4) Ten dollar ($10.00) fee for each
reconsideration of a registration permit that has been previously filed with
the Board but returned to the licensee or applicant for correctable errors;
(5) Twenty dollar ($20.00) late renewal fee to
be paid for an application submitted no more than 30 days from the date the
registration expires and to be paid in addition to the renewal fee.
(b) Fees shall be paid in the form of a check or money
order made payable to the Alarm Systems Licensing Board.
History Note: Authority G.S. 74D-7;
Temporary Rule Eff. January 9, 1984, for a period of 120
days to expire on May 7, 1984;
Eff. May 1, 1984;
Amended Eff. January 1, 1986;
Temporary Amendment Eff. October 6, 1992 for a period of
180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. May 1, 2010; February 1, 2010; April 1,
2005; March 1, 1993;
Transferred and Recodified from 12 NCAC 11 .0302 Eff.
July 1, 2015.
14B NCAC 17 .0303 MINIMUM STANDARDS FOR REGISTRATION
An applicant for registration must:
(1) be at least 18 years of age;
(2) be a citizen of the United States or a resident
alien; and
(3) be of good moral character and temperate habits.
Any of the following shall be prima facie evidence that the applicant does not
have good moral character or temperate habits: conviction by any local, state,
federal, or military court of any crime involving the illegal use, carrying, or
possession of a firearm; conviction of any crime involving the illegal use,
possession, sale, manufacture, distribution, or transportation of a controlled
substance, drug, narcotic, or alcoholic beverage, conviction of a crime
involving felonious assault or an act of violence; conviction of a crime
involving unlawful breaking and/or entering, burglary, larceny, any offense
involving moral turpitude; or a history of addiction to alcohol or a narcotic
drug; provided that, for purposes of (3) of this Rule, "conviction"
means and includes the entry of a plea of guilty, plea of no contest, or a
verdict of guilty;
(4) not have been declared by any court of competent
jurisdiction incompetent by reason of mental disease or defect; or not have
voluntarily committed himself or herself to an institution for treatment of
mental disease or defect; or not have been involuntarily committed to an
institution for treatment of mental disease or defect by a district court
judge. When an individual has been treated and found to have been restored by
a psychiatrist, the Board will consider this evidence and determine whether the
applicant meets the requirements of this Paragraph.
History Note: Authority G.S. 74D‑5; 74D‑8;
Temporary Rule Eff. January 9, 1984, for a Period of 120
Days to Expire on May 7, 1984;
Eff. May 1, 1984;
Amended Eff. March 1, 1993; January 1, 1986;
Transferred and Recodified from 12 NCAC 11 .0303 Eff.
July 1, 2015.
14B NCAC 17 .0304 INVESTIGATION FOR REGISTRATION
(a) After the administrator receives a complete application
for registration, the administrator may cause to be made such further
investigation of the applicant as deemed necessary.
(b) Any denial of an applicant for registration by the
administrator will be subject to review by the Board.
History Note: Authority G.S. 74D‑5; 74D‑8;
Temporary Rule Eff. January 9, 1984, for a Period of 120
Days to Expire on May 7, 1984;
Eff. May 1, 1984;
Transferred and Recodified from 12 NCAC 11 .0304 Eff.
July 1, 2015.
14B NCAC 17 .0305 REGISTRATION IDENTIFICATION CARDS
(a) The registration identification card must be carried by
the registrant when performing the duties of an alarm systems employee.
(b) The registration identification card must be exhibited
upon the request of any law enforcement officer or any other authorized
representative of the Board.
(c) Registration identification card holders shall
immediately notify the Board upon receipt of any information relating to the
holder's eligibility to continue holding such a card.
(d) Upon revocation or suspension by the Board, a holder
shall return the registration identification card to the administrator within
10 days of the date of the revocation or suspension.
History Note: Authority G.S. 74D‑8;
Temporary Rule Eff. January 9, 1984, for a Period of 120
Days to Expire on May 7, 1984;
Eff. May 1, 1984;
Transferred and Recodified from 12 NCAC 11 .0305 Eff.
July 1, 2015.
14B NCAC 17 .0306 RENEWAL OR REREGISTRATION OF
REGISTRATION
(a) Each applicant for renewal of a registration
identification card or his employer, shall complete a form provided by the Board.
This form shall be submitted not less than 30 days prior to expiration of the
applicant's current card and shall be accompanied by:
(1) two head and shoulders color photographs of
the applicant of acceptable quality for identification and made within 90 days
of the application one inch by one inch in size;
(2) statements of the result of a local
criminal history records search by the City/County Bureau or Clerk of Superior
Court in each county where the applicant has resided within the immediately preceding
24 months; and
(3) the applicant's renewal fee.
(b) Each licensee shall provide each applicant for
registration or re-registration an application form provided by the Board.
This form shall be submitted to the Board and accompanied by:
(1) two head and shoulders photographs of the applicant
of acceptable quality for identification and made within 90 days of the
application one inch by one inch in size; and
(2) the applicant's reregistration fee.
(c) The employer of each applicant for a registration
renewal or reregistration shall give the applicant a copy of the application
which will serve as a record of application for renewal and shall retain a copy
of the applicant's renewal application in the individual's personnel file in
the employer's office.
(d) Members of the armed forces whose registrations are in
good standing and to whom G.S. 105-249.2 grants an extension of time to file a
tax return are granted that same extension of time to pay the registration
renewal fee and to complete the continuing education requirements prescribed by
Section .0500 of this Chapter. A copy of the military order or the extension
approval by the Internal Revenue Service or by the North Carolina Department of
Revenue must be furnished to the Board.
History Note: Authority G.S. 74D-7; 74D-8; 93B-15;
Temporary Rule Eff. January 9, 1984, for a Period of 120
Days to Expire on May 7, 1984;
Eff. May 1,
1984;
Amended Eff. February
1, 2012; July 1, 2010; March 1, 1993; December 1, 1988; July 1, 1987;
Transferred and
Recodified from 12 NCAC 11 .0306 Eff. July 1, 2015.
14B ncac 17 .0307 SUSPENSION OF AUTHORITY TO EXPEND
FUNDS
In the event that Board's authority to expend funds is
suspended pursuant to G.S. 93B-2(d), the Board shall continue to issue and
renew licenses and all fees tendered shall be placed in an escrow account
maintained by the Board for this purpose. Once the Board's authority is
restored, the funds shall be moved from the escrow account into the general
operating account.
History Note: Authority G.S. 93B-2(b);
Eff. December 1, 2012;
Transferred and Recodified from 12 NCAC 11 .0307 Eff.
July 1, 2015.
SECTION .0400 ‑ RECOVERY FUND
14B NCAC 17 .0401 DEFINITIONS
In addition to the definitions under Article 2 of Chapter
74D of the General Statutes of North Carolina, the following definitions shall
apply through this Section:
(1) "Board" means the Alarm Systems Licensing
Board.
(2) "Fund" means the Recovery Fund of the
Alarm Systems Licensing Act.
(3) "Aggrieved Party" means a person who has
suffered a direct or monetary loss because of a licensee's acts.
(4) "Licensee" means a person who, at the
time of the act complained of, was licensed by the Alarm Systems Licensing
Board.
(5) "Reimbursable Loss" means:
(a) only those losses of money or other property
which meet all of the following tests:
(i) The obligation was incurred on or after
July 1, 1983;
(ii) The loss was caused by a licensee
defaulting on an obligation owed where such obligation was entered into by the
licensee to perform alarm systems services; and
(iii) The aggrieved party has exhausted all civil
remedies against the licensee or his estate and has complied with these rules.
(b) the following shall be excluded from
"reimbursable losses":
(i) Losses of spouses, children, parents,
grandparents, siblings, partners, associates and employees of the licensee
causing the losses;
(ii) Losses covered by any bond, surety
agreement, or insurance contract to the extent covered thereby; and
(iii) Losses which have been otherwise received
from or paid by or on behalf of the licensee who defaulted on an obligation.
History Note: Authority G.S. 74D‑30; 74D‑31;
Eff. June 1, 1990;
Transferred and Recodified from 12 NCAC 11 .0401 Eff.
July 1, 2015.
14B NCAC 17 .0402 PETITION FOR HEARING/APPLICATION FOR
RELIEF
The Board shall prepare a Form of Petition for Hearing and
Application for Relief which shall require the following minimum information:
(1) The name and address of the aggrieved party;
(2) The name and address of the licensee who defaulted
on an obligation;
(3) The amount of the alleged loss for which
application is made;
(4) The date or period of time during which the alleged
loss was incurred;
(5) A general statement of facts relative to the application;
(6) Verification by the aggrieved party;
(7) All supporting documents, including, but not
limited to:
(a) Copies of all contracts, invoices, returned
checks, etc.;
(b) Copies of all court proceedings against the
licensee; and
(c) Copies of all documents showing any
reimbursement or receipt of funds in payment of any portion of the loss.
History Note: Authority G.S. 74D‑31;
Eff. June 1, 1990;
Transferred and Recodified from 12 NCAC 11 .0402 Eff.
July 1, 2015.
14B NCAC 17 .0403 PROCESSING APPLICATIONS
(a) The Board shall cause each application to be sent to
the administrator for investigation and report. A copy of the application
shall be served upon or sent by registered mail to the last known address of
the licensee who it is claimed defaulted on an obligation.
(b) The Administrator shall conduct such investigation in
such manner as he deems necessary and desirable in order to determine whether
the application is for a reimbursable loss and in order to guide and advise the
Board in determining the extent, if any, for which the application should be
paid from the fund.
(c) A report from the Administrator shall be submitted to
the Chairman of the Board within a reasonable time.
(d) The Board shall hold a hearing on every application
filed by an aggrieved party. The hearing shall be held before the Board and
shall follow the guidelines set out in Chapter 150B of the General Statutes of
North Carolina.
History Note: Authority G.S. 74D‑31;
Eff. June 1, 1990;
Transferred and Recodified from 12 NCAC 11 .0403 Eff.
July 1, 2015.
SECTION .0500 - CONTINUING EDUCATION FOR LICENSEES
14B NCAC 17 .0501 DEFINITIONS
In addition to the definitions set forth in Rule .0103 of
this Section, the following definitions shall apply to this Section:
(1) "continuing education" or
"CE" refers to any educational activity approved by the Board to be a
continuing education activity.
(2) "credit hour" means sixty minutes
of continuing education instruction.
(3) "year" refers to the calendar
year after the issuance of a new or renewal license.
(4) "licensee" shall refer to an
individual who holds an alarm systems business license issued by the Board.
(5) "registrant" shall refer to an
individual who holds an alarm systems business registration permit issued by
the Board. Only registrants who engage in installation, service, sales, or
monitoring of alarm systems shall be required to complete the continuing
education requirements.
History Note: Authority G.S. 74D-2; 74D-5;
Eff. May 1, 1999;
Amended Eff. July 18, 2002;
Transferred and Recodified from 12 NCAC 11 .0501 Eff.
July 1, 2015.
14B NCAC 17 .0502 REQUIRED CONTINUING EDUCATION HOURS
Each licensee shall complete at least six credit hours of
continuing education training during each renewal period. Each registrant
shall complete at least three credit hours of continuing education training
during each renewal period. Credit shall be given only for classes that have
been pre-approved by the Board. A licensee or registrant who attends a
complete meeting of a regularly scheduled meeting of the Alarm Systems
Licensing Board shall receive three credit hours for each meeting that the
licensee or registrant attends. Said credit shall be applied retroactively for
those that signed the attendance sheet and attended a regularly scheduled Board
meeting prior to the adoption of this Rule.
History Note: Authority G.S. 74D-2; 74D-5;
Eff. May 1, 1999.
Amended Eff. July 18, 2002;
Transferred and Recodified from 12 NCAC 11 .0502 Eff.
July 1, 2015.
14B NCAC 17 .0503 ACCREDITATION STANDARDS
(a) CE courses may obtain the sanction of the Alarm Systems
Licensing Board by submitting the following information to the Board for
consideration:
(1) the nature and purpose of the course;
(2) the course objectives or goals;
(3) the outline of the course, including the
number of training hours for each segment; and
(4) the identity of each instructor.
(b) To determine if a course will receive sanctioning from
the Alarm Systems Licensing Board, the Board shall complete the following
review:
(1) The matter shall be referred to the
Education and Training Committee for the appointment of a sub-committee that
shall review the course under consideration. The sub-committee shall consist
of at least one member of the Education and Training Committee, one member of
the Board's staff, and one industry licensee who has no vested interest in the
course. Other members of the sub-committee may be appointed at the discretion
of the Education and Training Committee Chairman.
(2) The sub-committee shall review the course
to determine if the course is pertinent to the industry, and if the course
meets its stated objectives.
(3) When the sub-committee completes its
review, it shall report to the Education and Training Committee. The Education
and Training Committee shall review the course to determine if the course is
pertinent to the industry, and if the course meets its stated objective. The
Education and Training Committee shall then report the findings with a recommendation
of acceptance or denial to the Alarm Systems Licensing Board.
(4) For any online course being reviewed by the
Committee, the course sponsor shall allow the Committee to review the online
course and any associated test and shall include with the application
instructions and an access code for computer login.
(c) Upon receipt of the Education and Training Committee
report, the Alarm Systems Licensing Board shall determine by majority vote if
the course will be sanctioned for continuing education credits. In making its
determination, the Board shall review the course to determine if the course is
pertinent to the industry, and if the course meets its stated objective.
(d) Each approved course shall remain an approved course
for four years from the date of approval by the Board.
History Note: Authority G.S. 74D-2; 74D-5;
Eff. May 1, 1999;
Amended Eff. July 1, 2010; July 18, 2002;
Transferred and Recodified from 12 NCAC 11 .0503 Eff.
July 1, 2015.
14B NCAC 17 .0504 NON-RESIDENT LICENSEE OR REGISTRANT
CONTINUING EDUCATION
CREDITS
A non-resident licensee or registrant shall obtain the
required continuing education credits as set forth in Rule .0503 of this
Section. If a non-resident licensee or registrant resides in a state that
requires continuing education for an alarm systems business license, then the
continuing education courses to be offered in the state of residence may be
considered by the North Carolina Alarm Systems Licensing Board for sanctioning
in North Carolina on an individual course basis. In determining if the course
is to be sanctioned, the Board shall review the course to determine if the
course is pertinent to the industry, and if the course meets its stated
objective.
History Note: Authority G.S. 74D-2; 74D-5;
Eff. May 1, 1999;
Amended Eff. July 18, 2002;
Transferred and Recodified from 12 NCAC 11 .0504 Eff.
July 1, 2015.
14B ncac 17 .0505 RECORDING AND REPORTING CONTINUING
EDUCATION CREDITS
(a) Each licensee shall be responsible for recording and
reporting continuing education credits to the Board at the time of license or
registration renewal, and for each course taken such report shall include a
certificate of course completion that is signed by at least one course
instructor, indicates the name of the licensee or registrant who completed the
course, indicates the date of course completion, and indicates the number of hours
taken by the licensee or registrant. Credit shall not be given if a
certificate of course completion is dated more than two years from the license
or registration permit renewal date. Each course instructor shall be required
to maintain a course roster and shall verify the identity of each participant
by a government issued photo identification, such as a driver's license. Said
roster shall be delivered to the Board's office within two weeks of the
completion date of the course.
(b) All applications for renewal of a license or
registration permit shall have a CE Certificate(s) attached verifying
completion of the required number of credit hours. If an applicant is filing
an application designated as "new" and the applicant has been
licensed or registered for any period of time within the previous two years,
the applicant shall attach a CE Certificate(s) verifying completion of the
required number of credit hours. An applicant shall not be required to submit
a CE Certificate if the applicant is filing an application designated as a "transfer"
or "duplicate" and if the applicant has a current registration card
issued by the Board.
History Note: Authority G.S. 74D-2; 74D-5;
Eff. May 1, 1999;
Amended Eff. March 1, 2006; March 1, 2004; July 18, 2002;
Transferred and Recodified from 12 NCAC 11 .0505 Eff.
July 1, 2015.
14B NCAC 17 .0506 NON-COMPLIANCE
If a licensee or registrant fails to comply with this
Section of the rules, his license or registration permit shall not be renewed.
History Note: Authority G.S. 74D-2; 74D-5;
Eff. May 1, 1999;
Amended Eff. July 18, 2002;
Transferred and Recodified from 12 NCAC 11 .0506 Eff.
July 1, 2015.
