Section .0100 ‑ Statutory And Administrative Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 28 - landscape contractors/chapter 28 rules.html
Published: 2015

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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Repealed Eff.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.