CHAPTER 28 – landscape contractors' registration board
SECTION .0100 ‑ STATUTORY AND ADMINISTRATIVE PROVISIONS
21 NCAC 28 .0101 AUTHORITY: NAME AND LOCATION OF
BOARD
All communications to the North Carolina Landscape
Contractors' Registration Board, hereafter called the "Board," shall
be addressed to the Board at Post Office Box 20875, Raleigh, North Carolina
27619.
History Note: Authority G.S. 89D-4;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. January 1, 2014; May 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. December 16, 2014.
21 NCAC 28 .0102 PURPOSE OF THE
ACT
History Note: Authority G.S. 89D‑1; 89D‑2;
89D‑3; 89D‑4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. September 1, 1988.
21 NCAC 28 .0103 ORGANIZATION OF BOARD: OFFICERS
The Board shall meet at least once each year at the time and
place fixed by the Board. Other meetings may be called by the chairman of the
Board. A majority of the Board shall constitute a quorum. Meetings shall be
open and public except that the Board may meet in closed session to prepare,
approve, administer, or grade examinations, or to deliberate the qualification
of an applicant for license or to dispose of a proceeding to discipline a
licensed landscape contractor.
At its annual meeting the Board shall organize by electing a
chairman, a vice chairman, a secretary‑treasurer, and such other officers
as may be deemed necessary. Officers of the Board shall serve for terms of one
year and until a successor is elected, without limitation on the number of
terms an officer may serve.
History Note: Authority G.S. 89D‑4(a); 89D‑4(c);
89D‑4(d);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. September 1, 1988; October 1, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. December 16, 2014.
21 NCAC 28 .0104 POWERS OF THE BOARD
History Note: Authority G.S. 89D‑4(c); 89D‑4(d);
89D‑4(e); 89D‑7;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. September 1, 1988.
21 NCAC 28 .0105 SEAL OF BOARD
History Note: Authority G.S. 89D‑4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. September 1, 1988.
21 NCAC 28 .0106 FORMS
Forms used by the Board, and available from the Board office
upon request, include the following:
(1) Application for Certificate of Title,
(2) Application for Renewal of Certificate.
History Note: Authority G.S. 89D‑4(c); 89D‑5(a);
89D‑5(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. September 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. December 16, 2014.
21 NCAC 28 .0107 FEES
Fees, as authorized by G.S. 89D-5, shall be as follows:
(1) application fee is set in G.S. 89D-5(b) $75.00
(2) initial certificate fee $60.00
(3) all renewal fees $60.00
(4) penalty for late renewal fee $25.00
(5) duplicate certificate $5.00
(6) examination or re-examination fee $60.00
(7) copy of duplicate parchment certificate $35.00
History Note: Authority G.S. 89D-4; 89D-5; 89D-8;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. January 1, 2008; January 1, 1992; September
1, 1988, October 1, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. December 16, 2014.
SECTION .0200 ‑ PRACTICE OF LANDSCAPE CONTRACTOR
21 NCAC 28 .0201 BOARD LISTING OF INDIVIDUAL AND FIRM
NAMES
Every individual licensee, partnership, firm or corporation
has the continuing responsibility of keeping the Board currently advised of his
or its proper and current mailing address and the name or names under which he
or it is practicing. Each licensee or firm shall immediately notify the Board
of any and all changes of association or address. Upon the dissolution of a
professional relationship, the member or members thereof shall promptly notify
the Board in writing concerning such dissolution, and of the succeeding status
and addresses of the individual or firm.
History Note: Authority G.S. 89D‑4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. December 16, 2014.
21 NCAC 28 .0202 APPLICABILITY OF BOARD RULES
History Note: Authority G.S. 89D‑4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. September 1, 1988.
21 NCAC 28 .0203 REQUIREMENT FOR SEAL
Every landscape contractor shall, upon registration, obtain
a seal of the design authorized by the Board, bearing the name of the
registrant, number of certificate, and the legend "North Carolina
Registered Landscape Contractor."
History Note: Authority G.S. 89D‑4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. December 16, 2014.
21 NCAC 28 .0204 REQUIREMENT FOR USE OF SEAL
Every registered landscape contractor shall place his
professional seal on all plans, specifications or other professional documents
prepared by him or under his immediate supervision. The seal may be used only
while the registrant's certificate is in full force and effect. The seal may
not be used except for work offered, or performed, by or under the immediate
supervision of the registrant.
History Note: Authority G.S. 89D‑4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. December 16, 2014.
21 NCAC 28 .0205 DISCIPLINE OF REGISTERED CERTIFICATE
HOLDERS
(a) "Improper, fraudulent or dishonest dealing"
within the meaning of G.S. 89D‑7 includes dishonest practice,
unprofessional conduct and acts of incompetence.
(b) The following shall be deemed to constitute
"dishonest practice":
(1) To make any false or deliberately
misleading statements in an application for examination or in any statements or
representations to this Board, to a client, or to another landscape contractor.
(2) To violate the laws of North Carolina or of
any other state relating to the practice of landscape contracting, or to
violate any rule of this Board.
(3) To use or attempt to use the title or seal
under a certificate that has been suspended or revoked or which has not been
renewed.
(4) To use or to permit the name or the
professioanl seal of the landscape contractor to be used on the plans or
specifications or other professional documents not personally prepared, or
prepared under the immediate supervision of such landscape contractor.
(c) The following acts shall be deemed to constitute
"unprofessional conduct":
(1) To use any gift or donation as a device for
obtaining competitive advantage over another landscape contractor;
(2) To do any act that would falsely or maliciously
injure the professional reputation, prospects, practice or employment position
of another landscape contractor;
(3) To attempt to supplant another landscape
contractor after definite steps have been taken by a client towards the
latter's employment; or to undertake a commission for which he knows another
landscape contractor has been employed, unless and until he has been notified
by either the client or the other landscape contractor that the original
employment has been terminated;
(4) To allow his name to be associated with an
undertaking in any professional capacity unless he has served specifically in
that capacity;
(5) To offer payment directly or indirectly to
others in order to obtain work.
(d) The following acts or omissions shall be deemed to
constitute "acts of incompetence":
(1) To fail to use diligence in planning,
supervising, performing, or inspecting landscape work directly resulting in
improper and unprofessional practices and results.
(2) To be guilty of such acts or omissions as to
demonstrate to the satisfaction of the Board that the holder of the certificate
is mentally incompetent or habitually addicted to alcohol or drugs so as to
render the registrant unfit to practice landscape contracting.
History Note: Authority G.S. 89D‑4(c); 89D‑7;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. September 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. December 16, 2014.
21 NCAC 28 .0206 REFUSAL: REVOCATION OR SUSPENSION OF
CERTIFICATE
History Note: Authority G.S. 89D‑4(c); 89D‑7(a);
89D‑7(b);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. September 1, 1988.
SECTION .0300 - EXAMINATION AND LICENSING PROCEDURES
21 NCAC 28 .0301 APPLICATIONS AND EXAMINATION
(a) Notice. The Board shall hold at least one examination
during each year and may hold such additional examinations as may appear
necessary. The secretary‑treasurer shall give public notice of the time
and place for each examination at least 90 days in advance of the date set for
the examination.
(b) Applications. Applications on forms provided by the
Board and accompanied by the required application fee must be filed with the
Board at least 60 days prior to the date of examination.
(c) Education and Experience Equivalents. Applicants for
examination shall be given credit for education and experience to meet the
statutory requirements as follows:
(1) Education Equivalents. Credit for
educational attainment shall be credited as follows:
(A) Graduation from a four‑year program in
Landscape Architecture, Landscape Horticulture, or Horticulture: Maximum
Credit - 1.5 years;
(B) Graduation from a four‑year curriculum in any
other field: Maximum Credit - 6 months;
(C) Graduation from a two‑year program in
Horticulture or similar curriculum in a land grant institution or community
college: Maximum Credit - 1 year.
(2) Experience Equivalents. Time spent in the
jobs listed shall be credited as follows:
(A) Landscape Crew Leader 100%
credit
(B) Landscape Designer or Landscape Architect 100%
credit
(C) Landscape Estimator or Landscape Sales Person 100%
credit
(D) Landscape Project Manager 100%
credit
(E) Landscape Crew Member
75% credit
(F) Nursery retail sales person
75% credit
(G) Grading operator
50% credit
(H) Irrigation installer
50% credit
(I) Nursery worker
50% credit
(J) Turfgrass installer or turfgrass maintenance
worker 50% credit
(d) Certificate. After each examination, the Board shall
notify each examinee of the result of the examination and the Board shall issue
certificates of title to all persons successfully completing the examination.
(e) Applicants who have not met registration requirements
within a period of three years from date of initial application to the Board
shall be considered inactive. Inactive applications shall be destroyed after
giving 30 days notice to the last known address of the applicant.
History Note: Authority G.S. 89D‑4(c); 89D‑5(a);
89D‑5(b);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 2007; September 1, 1988; October 1,
1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. December 16, 2014.
21 NCAC 28 .0302 RENEWAL OF CERTIFICATE
21 NCAC 28 .0303 DENIAL: REVOCATION OR SUSPENSION OF
CERTIFICATE
History Note: Authority G.S. 89D‑4(c); 89D‑5(c);
89D‑7;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. September 1, 1988.
21 NCAC 28 .0304 REINSTATEMENT
(a) Any person whose license is revoked may be relicensed
by majority vote of the Board on written application made to the Board and
successful completion of the examination. Relicensing is subject to the
completion or fulfillment of conditions imposed upon the person by the Board at
time of revocation and upon payment of annual fees and late fees as set forth
below.
(b) If a registration has lapsed for a period of five years
or more, the individual must complete and submit a new application. Once the
application is approved, the applicant must pass the Registration Board exam
requirements.
(c) Any person whose license has lapsed for a period less
than five years, without incident, may have their license renewed upon written
application to reinstate a license and payment of annual fees and late fees
since license lapsed.
(d) Any person whose license lapsed for a period less than
five years but has outstanding complaints filed against them or been convicted
of a crime shall be required to submit an application for license and pass the
Board examination before reinstatement.
History Note: Authority G.S. 89D-4(c); 89D-7;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. July 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. December 16, 2014.
SECTION .0400 ‑ RULES: PETITIONS: HEARINGS
21 NCAC 28 .0401 RULE MAKING AND ADMINISTRATIVE
PROCEDURES
In accordance with G.S. 150B‑16, any person desiring
the adoption, amendment or repeal of a rule by the Board shall submit a
petition to the Board containing the following information:
(1) Name of Board;
(2) A draft of the proposed rule;
(3) Reasons for the adoption, amendment or repeal;
(4) Data supporting the proposed rule;
(5) The effect of the proposal on existing rules;
(6) Effects of the proposed rule on persons licensed
under Chapter 89D of the General Statutes of North Carolina;
(7) Names (including addresses if known) of those most
likely to be affected by the rule; and
(8) Name(s) and address(es) of petitioner(s).
History Note: Authority G.S. 89D‑4(c); 150B‑16;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. September 1, 1988; April 1, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. December 16, 2014.
21 NCAC 28 .0402 CONTENTS OF PETITION
21 NCAC 28 .0403 DISPOSITION OF PETITIONS
21 NCAC 28 .0404 NOTICE OF RULEMAKING HEARINGS
21 NCAC 28 .0405 NOTICE MAILING LIST
21 NCAC 28 .0406 ADDITIONAL INFORMATION
21 NCAC 28 .0407 REQUEST TO PARTICIPATE
21 NCAC 28 .0408 CONTENTS OF REQUEST: GENERAL TIME
LIMITATIONS
21 NCAC 28 .0409 RECEIPT OF REQUEST: SPECIFIC TIME
LIMITS
21 NCAC 28 .0410 WRITTEN SUBMISSIONS
21 NCAC 28 .0411 PRESIDING OFFICER: POWER AND DUTIES
21 NCAC 28 .0412 STATEMENT OF REASONS FOR DECISION
21 NCAC 28 .0413 RECORD OF PROCEEDINGS
21 NCAC 28 .0414 EMERGENCY RULES
History Note: Authority G.S. 89D‑4(c); 150A‑11;
150A‑12; 150A‑13; 150A‑16;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.
SECTION .0500 ‑ DECLARATORY RULINGS
21 NCAC 28 .0501 SUBJECTS OF DECLARATORY RULINGS
21 NCAC 28 .0502 SUBMISSION OF REQUEST FOR RULING
21 NCAC 28 .0503 DISPOSITION OF REQUESTS
21 NCAC 28 .0504 RECORD OF DECISION
21 NCAC 28 .0505 EFFECTIVE DATE
History Note: Authority G.S. 89D‑4(c); 150A‑11;
150A‑17;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.
SECTION .0600 ‑ ADMINISTRATIVE HEARINGS: PROCEDURES
21 NCAC 28 .0601 RIGHT TO HEARING
21 NCAC 28 .0602 REQUEST FOR HEARING
21 NCAC 28 .0603 GRANTING OR DENYING HEARING REQUESTS
21 NCAC 28 .0604 NOTICE OF HEARING
21 NCAC 28 .0605 NO EX PARTE COMMUNICATIONS
21 NCAC 28 .0606 PETITION FOR INTERVENTION
21 NCAC 28 .0607 TYPES OF INTERVENTION
21 NCAC 28 .0608 HEARING OFFICERS: DESIGNATION:
POWERS
21 NCAC 28 .0609 DISQUALIFICATION OF HEARING OFFICERS
History Note: Authority G.S. 89D‑4(c); 150A‑23;
150A‑32; 150A‑35;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.
SECTION .0700 ‑ ADMINISTRATIVE HEARINGS: DECISIONS:
RELATED RIGHTS
21 NCAC 28 .0701 FAILURE TO APPEAR
21 NCAC 28 .0702 SIMPLIFICATION OF ISSUES
21 NCAC 28 .0703 SUPOENAS
21 NCAC 28 .0704 FINAL DECISIONS IN ADMINISTRATIVE
HEARINGS
21 NCAC 28 .0705 PROPOSALS FOR DECISIONS
History Note: Authority G.S. 89D‑4(c); 150A‑25;
150A‑27; 150A‑33(5); 150A‑34(a),(b),(c);
150A‑36; 150A‑43;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.
SECTION .0800 ‑ JUDICIAL REVIEW
21 NCAC 28 .0801 RIGHT TO JUDICIAL REVIEW
21 NCAC 28 .0802 MANNER OF SEEKING REVIEW: TIME FOR
FILING PETITION: WAIVER
History Note: Authority G.S. 89D‑4(c); 150A‑43;
150A‑45;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.
