CHAPTER 2 ‑ BOARD OF ARCHITECTURE
SECTION .0100 ‑ GENERAL PROVISIONS
21 NCAC 02 .0101 AUTHORITY: NAME AND LOCATION OF
BOARD
The "North
Carolina Board of Architecture," subsequently herein referred to as the
"Board," is established and authorized by Chapter 83A of the General
Statutes of North Carolina. Unless otherwise directed, all communications
shall be addressed to the Board at 127 West Hargett Street, Suite 304, Raleigh,
North Carolina 27601.
History Note: Authority G.S. 83A‑2; 83A‑6;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. June 1, 1995; May 1, 1989; November 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0102 ORGANIZATION
OF BOARD AND OFFICERS
In addition to
the annual meeting as prescribed in G.S. 83A‑2, other meetings of the
Board may be called by the president or any three Board members. The officers
of the Board shall be elected at the annual meeting for terms of one year and
until a successor is elected. Vacancies in the officers' terms, occurring from
death, resignation, disability or expiration of Board service, shall be filled
by election at the next Board meeting following the vacancy.
History Note: Authority G.S. 83A‑2; 83A‑6;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989; November 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0103 DUTIES OF OFFICERS
21 NCAC 02 .0104 PROCEDURE
21 NCAC 02 .0105 DISCIPLINARY ACTION AND PROCEDURE
History Note: Authority G.S. 83A‑6; 83‑14;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1991; May 1, 1989; November 1, 1979;
Repealed Eff. June 1, 1995.
21 NCAC 02 .0106 SEAL OF BOARD
The Board has
adopted a seal, which is circular in shape and contains the words, "North
Carolina Board of Architecture." The seal is maintained in the Board's
office under the care, custody and charge of the Executive Director. The seal
shall be used at the direction of the Board to authenticate any official action
or report of the Board. The absence of the seal shall not automatically imply
the lack of authentication of any document issued by the Board.
History Note: Authority G.S. 83‑5; 83A‑6;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0107 FORMS
Any forms referred to or required by these rules are
available on the Board web site at www.ncbarch.org.
History Note: Authority G.S. 83A‑6;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. July 1, 2014; May 1, 1989; November 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0108 FEES
Fees required by the Board, are payable in advance and are
set forth below:
Initial Registration Application by Exam
Residents and Non-Residents $
50.00
Firm $
75.00
Application to take the Architectural Registration Exam $
50.00
Annual license renewal
Individual $
50.00
Firm $100.00
Late renewal Penalty $
50.00
Reciprocal registration $150.00
Individual or Firm Reinstatement shall be the fee as set
forth G.S. 83A-11 and G.S. 55B-10.
All fees paid to the Board are non-refundable.
Other publications and services provided by the Board are
available on the Board web site at www.ncbarch.org.
History Note: Authority G.S. 83A‑4; 83A-11;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. July 1, 2014; December 1, 2010; June 1,
1995; December 1, 1992; May 1, 1991; May 1, 1989; July 1, 1987;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0109 DEFINITIONS
In addition to the statutory definitions in G.S. 83A-1, as
used in these Rules, the following terms shall have the following meanings:
(1) "Delinquent" is the status of a
license registration that has not been renewed in accordance with 21 NCAC 02
.0213(b) for individuals and 21 NCAC 02 .0214(d) for firms.
(2) "Licensed" means holding a
license to practice architecture in the State of North Carolina as defined by
North Carolina General Statute Chapter 83A. "Registered" has
the same meaning as licensed.
(3) "Fictitious name" is any assumed
name, style or designation other than the proper name of the entity using such
name. The surname of a person, standing alone or coupled with words that
describe the business, is not a fictitious business name. The inclusion
of words that suggest additional owners, such as "Company,"
"& Company," "& Sons," "&
Associates," makes the name an assumed or fictitious name. For
partnerships, the last name of all partners must be listed or the fictitious
name definition applies.
(4) "Responsible control" has the
meaning described in Rule .0206(d).
(5) "Firm" or "Architectural
Firm" means any Professional Corporation or Professional Limited Liability
Company approved by the Board and engaged in the practice of architecture.
(6) "Procurement" means purchasing or
pricing of materials to construct a building or structure.
(7) Direct Supervision as used in North
Carolina General Statute 83A means responsible control.
(8) "Continuing Competency" as used
in North Carolina General Statute 83A-6(a)(5) means continuing education
obtained post licensure that enables a registered architect to increase or
update knowledge of and competence in technical and professional subjects
related to the practice of architecture to safeguard the public's health,
safety and welfare.
(9) "Health, safety and welfare"
(HSW) as used in North Carolina General Statute 83A-6 (a)(5) means technical
and professional subjects that according to these rules safeguard the public
and that are necessary for the proper evaluation, design, construction and
utilization of buildings and the built environment.
History Note: Authority G.S. 83A-6;
Eff. November 1, 2010;
Amended Eff. October 1, 2012;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
SECTION .0200 - PRACTICE OF ARCHITECTURE
21 NCAC 02 .0201 ARCHITECT,
FIRM OR PARTNERSHIP contact information as on file with the board
(a) Every individual licensee shall keep the Board advised
of his/her preferred current contact information, including physical mailing
address, email and phone numbers, principle place of business and electronic
mail address and the name of the firm or partnership where he/she is employed.
(b) Each firm or partnership shall within 30 days notify
the Board of all changes in ownership, of association, contact information,
electronic email or physical address. Upon the dissolution of a firm, the
architect in responsible control of the firm at the time of dissolution shall
within 30 days notify the Board concerning such dissolution, and of the
succeeding status and addresses of the firm. This requirement is in addition
to registration, listing and renewal requirements set out elsewhere in rules of
this Chapter.
History Note: Authority G.S. 83A-5; 83A-6;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. November 1, 2010; June 1, 1995;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0202 APPLICABILITY OF BOARD RULES
The Executive Director shall make available on the Board web
site at www.ncbarch.org Chapter 83A of the North Carolina General Statutes and
the rules of the Board adopted hereunder. Rules adopted and published by the
Board under the provisions of Chapter 83A and Chapter 150B shall be binding
upon every individual holding a license from the Board, and upon all
professional corporations legally authorized to offer or to perform
architectural services in this state. All licensees of the Board are charged
with having knowledge of the existence of the Board rules and shall be deemed
to be familiar with and have an understanding of their provisions. Each
licensed person and entity shall affirm in their renewals that they have read
the current architectural laws and rules.
History Note: Authority G.S. 83A‑6;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. July 1, 2014; June 1, 1995; May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0203 GENERAL OBLIGATIONS OF PRACTICE
As a primary obligation and responsibility, the architect
shall conduct his office and all aspects of his practice in such manner as to
"safeguard life, health and property" as provided in G.S. 83A‑12.
In addition, an architect is also charged with the following personal and
professional obligations of good practice:
(1) The concern and purpose of the profession of
architecture are the creation of a physical environment of use, order, and
beauty through the resources of design, economics, technology, and management.
The physical environment includes a spectrum of elements serving man, from the
artifact and the building to the community and the region.
(2) The profession of architecture calls for
individuals of the highest integrity, judgment, business capacity and artistic
and technical ability. An architect's honesty of purpose must be above
suspicion. An architect acts as professional adviser to his client and his
advice must be unprejudiced.
History Note: Authority G.S. 83A‑6;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989; November 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0204 FORMS OF PRACTICE
(a) The practice of architecture shall be carried out by
one of the following types of entities:
(1) sole practitioners;
(2) professional limited liability companies
that are established under the provisions of G.S. 57C;
(3) limited liability partnerships that are established
under the provisions of G.S. 59-84.2;
(4) professional corporations that are established
under the provisions of G.S. 55B; or
(5) general partnerships.
Each limited liability partnership and each general
partnership engaged in the practice of architecture in North Carolina shall
keep a current list of all resident and non-resident partners of the
partnership. One annual listing by a representative of the partnership shall
satisfy the requirement of this Paragraph for all partners in the firm;
however, each partner shall remain responsible for compliance with the rules.
Changes in the information required by this Paragraph shall be filed with the
Board office within 30 days after the change occurs.
(b) All individuals who practice through entities described
in Subparagraphs (a)(1) through (a)(4) of this Rule shall be licensed to
practice architecture.
History Note: Authority G.S. 55B; 57C; 59-84.2; 83A-4;
83A-6; 83A-8;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. October 1, 2012; December 1, 2010; June 1,
1995;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0205 NAME OF FIRM
(a) A licensee shall not engage in the practice of
architecture under a firm name which is misleading or deceptive in any way as
to the legal form of the firm or the persons who are partners, officers,
members, or shareholders in the firm. The Board shall approve all firm names
to be used in this State. Examples of misleading or deceptive firm names
include the following:
(1) Use of "architects" when the
number of architects in a firm does not warrant such use;
(2) Use of the name of an employee unless that
employee is a licensed partner, licensed officer, licensed member or licensed shareholder;
(3) Use of the name of a deceased architect in
order to benefit from his reputation, when that architect was not a former
partner, officer, member or shareholder in the present firm;
(4) Use of a name which is deceptively similar
to that of existing firm name; and
(5) Use of a fictitious name by a sole
proprietor.
(b) Failure of the firm to register a fictitious name shall
be prima facie evidence of the name being misleading or deceptive.
History Note: Authority G.S. 55B-5; 83A-6; 83A-9; 83A-12;
Eff. February 1, 1976;
Readopted Eff. September
29, 1977;
Amended Eff. November 1, 2010; July 1, 2006; June 1,
1995, April 1, 1991; May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0206 REQUIREMENT FOR AND USE OF
PROFESSIONAL SEAL
(a) As more fully set out in this Rule, an architect must
seal his/her work whether or not the work is for an exempt project as defined
in North Carolina General Statute 83A-13. An architect shall not sign nor seal
drawings, specifications, reports or other professional work which were not
prepared by the architect or under his/her responsible control. Documents
shall be sealed as follows:
(1) An architect may sign or seal those
portions of the professional work that:
(A) were prepared by or under the responsible control of
persons who are registered architects in this state if the architect has
reviewed in whole or in part such portions and has either coordinated their
preparation or integrated them into his or her work; and
(B) are not required by law to be prepared by or under
the responsible control of an architect if the architect has reviewed and
adopted in whole or in part such portions and has integrated them into his or
her work.
(2) Individual Seal Design. Every licensed
architect shall have an individual seal which shall be composed of two
concentric circles with outer and inner circle diameters of approximately 1.5
inches and 1 inch respectively. The architect's name and primary place of
business shall be between the inner and outer circles. The words "Registered
Architect, North Carolina" shall be along the inside perimeter of the
inner circle. The architect's North Carolina registration number shall be in
the center of the inner circle. The original signature of the individual named
on the seal and date is a required part of an individual seal and a seal image
lacking said signature and date is incomplete and shall not be considered a "seal"
for purposes of these Rules. (See facsimile on Board web site.)
(3) Firm Seal Design. Every firm shall have a
firm seal, which shall be composed of two concentric circles with outer and
inner circle diameters of approximately 1.5 inches and 1 inch respectively.
The Architectural Firm's approved North Carolina name and place of business
shall be between the inner and outer circles. Seals shall be made as follows:
(A) For a Professional Corporation the words "Registered
Architectural Corporation, North Carolina" shall be along the inside perimeter
of the inner circle. The firm's North Carolina registration number shall be in
the center of the inner circle. (See facsimile on Board web site.)
(B) For a Professional Limited Liability Company the
words "Registered Architectural Company" shall be along the inside
perimeter of the inner circle. The firm's North Carolina registration number
shall be in the center of the inner circle. (See facsimile on the Board web
site.)
A sole proprietorship
is not required to have firm seal and shall seal all work with the individual
seal as set forth in Subparagraph (2) of this Paragraph.
(4) Seal Types. The seal required for use on
original technical submissions not intended for duplication shall be of a type
which will produce an impression facsimile of the seal, or a rubber stamp which
will produce an ink facsimile of the seal. The seal required for use on
original technical submissions intended for duplication shall be of a type
which will produce an ink facsimile of the seal such as a rubber stamp, or a
substantially similar electronic or digital representation of the design. The
use of pre-printed documents bearing a pre-printed facsimile of the signed and
dated seal is prohibited.
(5) Individual Seal, Signature and Date
Required. Architects shall affix their seal on one original of all their
drawings and sets of specifications prepared by them for use in this State as
follows:
(A) on the cover sheet of each design and on each
drawing prepared by the architect for the design;
(B) on the index page identifying each set of
specifications; and
(C) on the index page of all other technical
submissions.
The original signature
of the individual named on the seal shall be considered part of an individual
seal and shall appear across the face of each original seal imprint along with
the date of affixation. For the purposes of this Rule, the term "for use
in this State" means drawings and sets of specifications prepared for
bidding, procurement, permitting or for construction. For purposes of this
Rule, "original" means the version of drawings and sets of
specifications from which all lawful copies can be made.
(6) Presentation documents (renderings,
drawings used to communicate conceptual information only) shall not be sealed
or signed.
(7) Documents considered incomplete by the
architect may be released for interim review without the architect's seal or
signature affixed, but shall be dated, bear the architect's name and be
conspicuously marked to indicate the documents are for interim review and not
intended for bidding, procurement, permit, or construction purposes.
(8) Sheets or Pages Prepared By Licensed
Professional Consultants. Those sheets or pages prepared by licensed
professional consultants (for example, structural, mechanical or electrical
engineers) retained by the architect shall bear the seal and registration
number of the consultant responsible therefore and shall not be sealed by the
architect.
(9) Original Signature. The use of signature
reproductions such as rubber stamps, computer generated or other facsimiles are
not permitted in lieu of actual handwritten and hand dated signatures;
provided, however, a digital signature as defined in Paragraph (e) of this Rule
may be used in lieu of a handwritten signature and handwritten date.
(10) Authorized use of the prescribed seal is an
individual act whereby the architect must personally sign over the imprint of
the seal. The architect is responsible for security of the seal when not in
use.
(11) Use of Firm Seal. The use of the firm seal
does not replace the statutory requirement for an architect's individual seal
as required in Paragraph (d). The firm seal must be affixed in addition to the
individual seal on the cover sheet.
(b) Standard design documents prepared by architects who
are registered in this state or in their state of origin may be sealed by a
succeeding licensed architect registered in North Carolina provided:
(1) the seal of the original architect appears
on the documents to authenticate authorship;
(2) the words "standard design
document" be placed on each sheet of the documents by the original
architect;
(3) the succeeding North Carolina architect
identifies all modifications to the standard design documents;
(4) the succeeding North Carolina architect
assumes responsibility for the adequacy of the design for the specific
application in North Carolina and for the design conforming with applicable
building codes; and
(5) the succeeding North Carolina architect
affixes his/her seal to the standard design documents and a statement
substantially as follows: "These documents have been properly examined by
the undersigned. I have determined that they comply with existing local North
Carolina codes, and I assume responsibility for the adequacy of the design for
the specific application in North Carolina."
(c) Post Construction record drawings prepared by an
architect, but based upon representations of contractors, are not plans that
are for "bidding, procurement, permit or construction purposes" and
therefore shall not be sealed by the architect as long as the documents bear
the name of the architect and include language stating "these drawings are
based in part upon the representations of others and are not for bidding,
procurement, permit or construction purposes".
(d) Responsible Control. No architect shall affix his/her
seal and signature to contract documents developed by others not under his
responsible control. Responsible control includes that amount of control over
and detailed professional knowledge of the content of technical submissions
during their preparation as is ordinarily exercised by an architect applying
the required professional standard of care, including:
(1) Dissemination of programmatic requirements;
(2) Ongoing coordination and correlation of services
with other aspects of the total design of the project;
(3) Verification with consultant that owner's
requirements are being met;
(4) Authority over the services of those who
assisted in the preparation of the documents;
(5) Assumption of responsibility for the
services;
(6) Incorporation of services and technical
submissions into design documents to be issued for permitting purposes; and
(7) Incorporation and integration of
information from manufacturers, suppliers, installers, the architect's consultants,
owners, contractors, or other sources the architect reasonably trusts that is
incidental to and intended to be incorporated into the architect's technical
submissions if the architect has coordinated and reviewed such information
(e) For purposes of this Rule the term "Signature"
shall mean handwritten or digital as follows:
(1) A handwritten message identification
containing the name of the person who applied it; or
(2) A digital signature that is an electronic
authentication process attached to or logically associated with an electronic
document. The digital signature must be:
(A) Unique to the person using, it;
(B) Capable of verification;
(C) Under the sole control of the person using it; and
(D) Linked to a document in such a manner that the digital
signature is invalidated if any data in the document is changed.
A digital
signature that uses a process approved by the Board is presumed to meet the
criteria set forth in Parts (e)(2)(A) through (e)(2)(D) of this Rule. The
architect is responsible for the security of the digital signature.
(f) For the purposes of this Rule, technical submissions refer
to plans, drawings, specifications, studies, addenda and other technical
reports prepared for use in this state in the course of practicing architecture.
History Note: Authority G.S. 83A‑6; 83A‑10;
83A‑12;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. December 1, 2010; July 1, 2006; October 1,
1995; July 1, 1993; May 1, 1989; October 1, 1985;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0207 DENIAL: SUSPENSION OR REVOCATION OF
LICENSE
History Note: Authority G.S. 83A‑1; 83A‑6;
83A‑7; 83A‑15;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. October 1, 1989; May 1, 1989; November 1,
1979;
Repealed Eff. June 1, 1995.
21 NCAC 02 .0208 DISHONEST CONDUCT
(a) Deception. An architect shall not deliberately make a
materially false statement or fail deliberately to disclose a material fact
requested in connection with his application for registration renewal.
(b) Contributions. An architect shall not pay or offer to
pay, either directly or indirectly, any commission, political contribution,
gift, or other consideration in order to secure work. Gifts of nominal value
(including, reasonable entertainment and hospitality) and securing salaried
positions through employment agencies are permitted.
(c) Registration of Others. An architect shall not assist
the application for registration of a person known by the architect to be
unqualified with respect to education, training, experience, or character.
(d) Knowledge of Violation. An architect possessing
knowledge of a violation of these Rules by another architect shall report such
a violation to the Board.
History Note: Authority G.S. 14-353; 83A-6; 83A-14; 83A-15;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. November 1, 2010; July 1, 2006; December 1,
1995; June 1, 1995; October 1, 1989; May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0209 UNPROFESSIONAL CONDUCT
In addition to those grounds as stated in G.S. 83A-15(3) the
following acts or omissions, among others, may be deemed to be
"unprofessional conduct" and to be cause for the levy of a civil
penalty or for denial, suspension, or revocation of a license or certificate of
registration to practice architecture:
(1) Compliance With Laws. It is unprofessional conduct
for an architect, in the conduct of his or her professional practice, to
knowingly violate any state or federal criminal law. A criminal conviction
shall be deemed prima facie evidence of knowingly violating the law.
(2) Compliance With Foreign Registration. It is
unprofessional conduct for an architect to knowingly violate the laws governing
the practice of architecture or the rules promulgated by any other
architectural licensing board in any United States jurisdiction. A finding by
a foreign architectural registration board that an architect has violated a law
or rule governing the practice of architecture shall be deemed prima facie
evidence of knowingly violating the law or rule.
(3) Product Specification. It is unprofessional
conduct for an architect to solicit or accept financial or other valuable
consideration from material or equipment suppliers for specifying their
products.
(4) Advertising. It is unprofessional conduct for an
architect to engage in any false, deceptive, fraudulent, or misleading
advertising.
(5) False Statements. It is unprofessional conduct for
an architect to knowingly make false statements about the professional work of;
or to maliciously injure the prospects, practice, or employment position of
others active in the design and construction of the physical environment.
(6) Evasion is:
(a) It is unprofessional conduct for an architect,
through employment by contractors (whether or not the contractors are licensed
under G.S. 89), or by another individual or entity not holding an individual or
firm registration from the Board, to enable the employer to offer or perform
architectural services, except as provided in G.S. 83A-13. In design/build
arrangements, the architect shall not be an employee of a person or firm not
holding a registration to practice architecture in North Carolina.
(b) It is unprofessional conduct for an architect
to furnish limited services in such manner as to enable owners, draftsmen, or
others to evade the public health and safety requirements of Chapter 83A, G.S.
133-2, G.S. 153A-357, or G.S. 160A-417.
(c) When building plans are begun or contracted
for by persons not licensed and qualified, it is unprofessional conduct for an
architect to take over, review, revise, or sign or seal such drawings or
revisions thereof for such persons, or do any act to enable either such persons
or the project owners, directly or indirectly, to evade the requirements of
Chapter 83A, G.S. 133-2, G.S. 153A-357, or G.S. 160A-417.
(7) Branch Office. It is unprofessional conduct for an
individual architect or firm to maintain or represent by sign, listing, or
other manner that he/she maintains an architectural office or branch office in
North Carolina unless such office has a registered resident architect in North
Carolina whose principle place of business is in that office. This item does
not apply to on-site project offices during construction of a project.
(8) Misrepresentation Regarding Prior Experience. An
architect shall accurately represent to a prospective or existing client or
employer his/her qualifications and the scope of his/her responsibility in
connection with work for which he is claiming credit. Misrepresentation shall
be as follows:
(a) Each architect shall state his or her prior
professional experience and the firm the architect is representing while
presenting qualifications to prospective clients, both public and private. If
an architect uses visual representations of prior projects or experience, all
architects-of-record must be identified. Architect-of-record means persons or
entities whose seals appear on plans, specifications and contract documents.
(b) An architect who has been an employee of
another architectural practice may not claim credit for projects contracted for
in the name of the previous employer. The architect shall indicate, next to
the listing for each project, that individual experience gained in connection
with the project was acquired as an employee, and identify the previous
architectural firm. The architect shall also describe the nature and extent of
his/her participation in the project.
(c) An architect who was formerly a principal in
a firm may make additional claims provided he/she discloses the nature of
ownership in the previous architectural firm (e.g. stockholder or junior
partner) and identifies with specificity his/her responsibilities for that
project.
(d) An architect who presents a project that has
received awards or public recognition must comply with the requirements in Item
(8) of this Rule with regard to project presentation to the public and
prospective clients.
(e) Projects which remain unconstructed and
which are listed as credits shall be listed as "unbuilt" or a similar
designation.
(9) Fee Bidding on Public Projects. An architect shall
not knowingly cooperate in a violation of any provisions of G.S. 143-64.31.
(10) An architect shall cooperate with the Board in
connection with any inquiry it shall make. Cooperation includes responding in
a timely manner to all inquiries of the Board or its representative which is
mailed in accordance with 21 NCAC 02 .0201.
(11) Copyright Infringement. It is unprofessional
conduct for an architect to be found by a court to have infringed upon the
copyrighted works of other architects or design professionals.
History Note: Authority G.S. 83A-6; 83A-14; 83A-15;
Eff. February 1, 1976;
Amended Eff. February 24, 1976;
Readopted September 29, 1977;
Amended Eff. November 1, 2010; July 1, 2006; June 1,
1995; July 1, 1992; October 1, 1989; May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0210 INCOMPETENCE
(a) In practicing architecture, an architect shall act with
reasonable care and competence and shall apply the technical knowledge and
skill which is ordinarily applied by architects of good standing, practicing in
the same locality.
(b) In designing a project, an architect shall take into
account all applicable state and municipal building laws and rules. While an
architect may rely on the advice of other professionals (e.g., attorneys,
engineers and other qualified persons) as to the intent and meaning of such
laws and rules, once having obtained such advice, an architect shall not design
a project in violation of such laws and rules.
(c) An architect shall undertake to perform professional
services only when he, together with those whom the architect may engage as
consultants, are qualified by education, training and experience in the
specific technical areas involved.
(d) No person shall be permitted to practice architecture
if such person's professional competence is substantially impaired by physical
or mental disabilities.
(e) Architects preparing plans for building permits for
projects not exempt under G.S. 83A- 13 shall submit plans that are complete and
buildable. Such plans shall conform with the State Building Code and local plan
submission requirements. Professional judgment shall be exercised to reflect
sufficient documentation necessary for plan approval. Provided, however, this
Rule does not alter any standard of liability applicable to licensees.
History Note: Authority G.S. 83A‑6; 83A‑14;
83A‑15;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. July 1, 2006; June 1, 1995; May 1, 1989;
November 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0211 UNAUTHORIZED PRACTICE
(a)
Interpretations of certain of the exemptions found in G.S. 83A‑13 are set
forth in this Rule. Nothing in this Rule exempts any activity from the
requirements contained in G.S. 89C:
(1) Family
Residence Exemption, as set forth in G.S. 83A‑13(c)(1). Grade level exit
means an exit which provides ingress and egress on a level which exits on
grade. To be exempt, each unit in the building must exit on grade level.
(2) Farm
Building Exemption is as set forth in G.S. 83A‑13(c)(2).
(3) Ninety
Thousand Dollar Exemption, as used in G.S. 83A‑13(c)(3), means that the
ninety thousand dollar ($90,000) value is the probable completed construction
cost and does not include the land value. Change orders may not be used to
increase the cost and scope of the project from exempt to non‑exempt
status.
(4) 2,500
Gross Floor Area Exemption, as used in G.S. 83A‑13(c)(4), means the total
gross floor area, both heated and unheated, within the inside perimeter of the
exterior walls with no deduction for corridors, stairs, closets, thickness of
interior walls, columns or other features, exclusive of areas open and
unobstructed to the sky. Open eaves, overhangs, canopies, awnings, or similar
open elements are not included.
(5) Alteration,
Remodeling and Renovation Exemption, as set forth in G.S. 83A‑13(c)(5):
(A) In order
to qualify for the existing building exemption in G.S. 83A‑13(c)(5), a
certificate of occupancy for the building must have been issued. The value of
the building, as used in G.S. 83A‑13(c)(5), is the undepreciated tax
value of an existing building as accepted by the U.S. Internal Revenue Service,
or where not applicable, a value computed on the same basis as undepreciated
tax value, or the property tax value, whichever value is higher, shall be used
to determine existing building value.
(B) The seal
of an architect, or professional engineer, as appropriate, is required if the
alteration, remodeling or renovation alters or affects the structural system of
a non‑exempt building. Structural system, as used in G.S. 83A‑13(c)(5),
means the essential elements that form the support system of the building and,
includes, but is not limited to, the fire protection and fire suppression
systems of the building. Alter, as used in G.S. 83A‑13(c)(5), means
changes in the structural system of the building. Affect, as used in G.S. 83A‑13(c)(5),
means an imposition of live loads, dead loads or seismic mass which was not
contemplated in the original design of the structural system.
(6) Shop
Drawings, as used in G.S. 83A‑13(c)(6), means those drawings prepared in‑house
by subcontractors and other specialists under the nonsupervisory control of the
architect.
(b) The
exemption for preparing one's own plans or data, as set forth in G.S. 83A‑13(d),
does not exempt the preparation of specifications required to obtain a building
permit in the construction of a building not exempt under G.S. 83A‑13(c).
Specifications means a description of the quality, size and strengths of the
materials being used in a building.
(c) Under G.S.
83A‑13(e), in addition to the requirement to sign the plans, the name of
the preparer must be legibly printed. If the design is prepared by a
corporation, then the corporate officer assuming responsibility for the preparation
must disclose his relationship to the corporation in addition to signing the
sheets and disclosing the corporate address. An architect who prepares a
design for an exempt project must seal and date that design, in compliance with
G.S. 83A‑10, even though the project may otherwise be classified as
exempt under G.S. 83A‑13.
History Note: Authority G.S. 83A‑1(7); 83A‑6;
83A‑10; 83A‑12; 83A‑13; 83A‑17;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. December 1, 1991; May 1, 1989; November 1,
1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0212 INDEPENDENT JUDGMENT AND DISCLOSURE
(a) When
acting as the interpreter of building contract documents and the judge of
contract performance, an architect shall render decisions impartially, favoring
neither party to the contract.
(b) If, in the
course of his work on a project, an architect becomes aware of a decision taken
by his employer or client, against the architect's advice, which violates
applicable state or municipal building laws and regulations and which will, in
the architect's judgment, materially affect adversely the safety to the public
of the finished project, the architect shall:
(1) report
the decision to the local building inspector or other public official charged
with the enforcement of the applicable state or municipal building laws and
regulations;
(2) refuse
to consent to the decision;
(3) in
circumstances where the architect reasonably believes that other such decisions
will be taken notwithstanding his objection, terminate his services with
reference to the project; and
(4) in
the case of termination in accordance with clause in Subparagraph (b)(3) of
this Rule, the architect shall have no liability to his client or employer on
account of such termination.
(c) If an
architect has any business association or direct or indirect financial interest
which is substantial enough to influence his judgment in connection with the
performance of professional services, the architect shall fully disclose in
writing to his client or employer the nature of the business association or
financial interest, and if the client or employer objects to such association
or financial interest, the architect will either terminate such association or
interest or offer to give up the commission or employment.
(d) An
architect making public statements on architectural questions shall disclose
when he is being compensated for making such statements.
History Note: Authority G.S. 83A‑6; 83A‑16;
83A‑17;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. June 1, 1995; May 1, 1989; November 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0213 INDIVIDUAL LICENSES
(a) Renewal. License registration must be renewed on or
before the first day in July each year. No less than 30 days prior to the
renewal date, the Board shall send a notice of renewal to each individual
licensee. The licensee shall complete the current license renewal documentation
required by the Board. The licensee shall submit to the Board the completed
license renewal documentation, along with the annual license renewal fee. The
Board shall not accept incomplete renewal documentation. If the accompanying
draft or check in the amount of the renewal fee is dishonored by the
architect's drawee bank for any reason, the Board shall suspend the license
until the renewal fees and check charges are paid. When the annual renewal has
been completed according to the provisions of G.S. 83A‑11, as well as
Section .0900 of these Rules, the Executive Director shall approve renewal of
the license for the current license year. Renewal fees are non-refundable.
(b) Late Renewal and Reinstatement. If the Board has not
received the annual renewal fee and completed renewal documentation, on or
before the first day of July each year the license shall expire and be
delinquent. The license may be renewed at any time within one year of being
deemed delinquent, upon the return of the completed renewal documentation, the
annual renewal fee and the late renewal fee and demonstration of compliance
with Section .0900 of the rules in this Chapter. After one year from the date
of delinquency the license may no longer be renewed, but the licensee must seek
reinstatement. Reinstatement shall occur according to the directives of G.S.
83A-11 and Section .0900 of the rules in this Chapter.
(c) Any individual who is currently licensed by and in good
standing with the Board who is serving in the armed forces of the United States
shall not be subject to late fees, suspension or revocation for failure to
renew licensure on or before the first day July each year, provided that the
individual has been granted an extension of time to file a tax return as set
forth in G.S. 105-249.2.
History Note: Authority G.S. 83A‑6; 83A‑11;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. December 1, 2010; July 1, 2006; July 1, 1999;
May 1, 1989; November 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0214 Firm PRACTICE OF ARCHITECTURE
(a) Registration. Prior to offering and rendering
architectural services as set forth in G.S. 83A and 21 NCAC 02 .0204(a), all
firms shall submit an application for firm registration and be granted
registration by the Board. Application for firm registration to practice of
architecture within the State of North Carolina shall be made upon forms
provided on the Board web site at www.ncbarch.org and include the required
application fee as set forth in Rule .0108 of this Chapter. Certificates for
firm practice shall be issued only under the provisions of the Professional
Corporation Act, G.S. 55B, except as provided in Subsection (b) of this Rule
and G.S 57C.
(b) Architectural Corporations Under G.S. 55, the Business
Corporation Act. Applications for certificate of registration as exempt from
the Professional Corporation Act under the provisions of G.S. 55B-15 shall be
made upon forms provided by the Board. Completed applications shall be
accompanied by the corporate application fee. To be eligible as an exempt
corporation under the provisions of G.S. 55B-15, the following conditions must
exist:
(1) The corporation must have been incorporated
prior to June 5, 1969 as a business corporation;
(2) Prior to and since June 5, 1969, the
corporation must have been a bona fide architectural or
architectural-engineering firm with services limited to the practice of
architecture or architecture-engineering and ancillary services within the
State of North Carolina; and
(3) The corporation must have applied to be an
exempt corporation before October 1, 1979.
(c) Renewal of Certificate. Firm registration shall be
renewed on or before December 31st each year. If the Board has not received the
annual renewal fee and completed application on or before December 31st each
year, the firm license shall expire. No less than 30 days prior to the renewal
date, the Board shall send a notice of renewal to each registered firm.
Renewal documentation shall be accompanied by the renewal fee. If the
accompanying draft or check in the amount of the renewal fee is dishonored by
the firm's drawee bank for any reason, the Board shall suspend the firm
registration until the renewal fees and returned check charges are paid. When
the annual renewal has been complete according to the provision of G.S. 83A-11,
the Executive Director shall approve renewal for the firm registration for the
current renewal year. Upon completion of the firm annual renewal, the Board
may randomly audit the compliance of firm registrations and require proof in
the form of corporate records maintained pursuant to North Carolina General
Statute 55B. Such records must be maintained for a period of seven years after
the renewal is submitted. Renewal fees are non-refundable.
(d) Failure to Renew and Reinstatement. Within one year of
the expiration, the firm license may be renewed at any time, upon the return of
the completed renewal documents, the annual renewal fee, and the late renewal
fees. After one year from the date of expiration for non-payment of the annual
renewal fee the licensee shall seek reinstatement, as allowed by G.S. 83A-11.
The Board may reinstate the firms' certificate of registration, as allowed by
G.S. 83A-11.
(e) Seal. Each registered corporation shall adopt a seal
pursuant to 21 NCAC 02 .0206(a)(3).
(f) Approval of Name. In addition to the requirements and
limitations of G.S. 55 and 55B, the firm name used by an architectural
corporation shall conform with Rule .0205 and be approved by the Board before
being used. This Rule shall not prohibit the continued use of any firm name
adopted in conformity with the General Statutes of North Carolina and Board
Rules in effect at the date of such adoption.
History Note: Authority G.S. 55B‑5; 55B‑10;
55B‑15; 83A‑6; 83A‑8;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. July 1, 2014; December 1, 2010; July 1, 1993;
May 1, 1989; November 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0215 out of state firms
(a) Incorporation in Other States. Architectural firms
from other states may be granted firm certificates of registration for practice
in this State upon receipt by the Board of a completed application, fees, the submission
of a certified copy of their firm charter, or other corresponding documents,
amended as may be necessary to insure compliance with all requirements of
Chapter 55B, the Professional Corporation Act of the State of North Carolina,
and the payment of the firm application fee. In addition to the other
requirements as set out in G.S. 83A-8, foreign firms must, prior to
registration, receive from the Secretary of State of North Carolina a
certificate of authority to do business within the state. A certificate for
filing for a certificate of authority must be obtained by the Board prior to
submitting application to the Secretary of State.
(b) Designated Individuals. Foreign entities may be
permitted to practice architecture within the State of North Carolina provided
that it complies with G.S. Chapter 55B. If a foreign entity offers both
architectural and engineering services, then it must comply with requirements
set forth in G.S. 89C. A foreign entity must have at least one officer,
director and shareholder licensed as an individual in this state. Two-thirds
of the issued and outstanding shares of the foreign corporations must be owned
by licensed architects or engineers who are licensed to practice their
profession in a jurisdiction of the United States. However, the firm must
designate at least one architect who is licensed in the State of North Carolina
to be in responsible charge for the firm practice of architecture within the
State of North Carolina. Notwithstanding the requirements of this Rule, an
individual architect who is licensed under G.S. Chapter 83A-7 may practice as
an individual.
(c) Partnerships. An out of state architectural
partnership may practice architecture, if every partner in the firm is licensed
as an individual in this state under Rule .0213 and the partnership complies
with Paragraph (f) this Rule .
(d) Limited Liability Companies. An out of state Limited
Liability Company may practice architecture, if the Limited Liability Company
complies with G.S. 57C and at least one member and one owner are licensed as in
individuals under Rule .0213 and comply with Paragraph (a) of this Rule.
(e) Limited Liability Partnerships. An out of state Limited
Liability Partnership may practice architecture, if the Limited Liability Partnership
complies with G.S. 59, and at least one partner is licensed as an individual
under Rule .0213.
(f) Failure to Renew and Reinstatement. If the Board has
not received the annual firm renewal fee and completed application on or before
December 31st each year the firm registration shall expire and be deemed
delinquent. The firm registration may be renewed at any time within one year,
upon the return of the completed application, the annual renewal fee and the
late renewal fees. After one year from the date of expiration for non-payment
of the annual renewal fee, the license shall be automatically revoked. The
Board may reinstate the firm's certificate of registration, as allowed by G.S. 83A-11
History Note: Authority G.S. 55B‑6; 83A‑6;
83A‑8;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. December 1, 2010; June 1, 1995; July 1, 1993;
May 1, 1989; November 1, 1979;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0216 ANNUAL LISTING OF PARTNERSHIP
History Note: Authority G.S. 83A-6; 83A-9;
Eff. May 1, 1991;
Amended Eff. June 1, 1995;
Repealed Eff. November 1, 2010.
21 NCAC 02 .0217 ARCHITECT EMERITUS
Resident architects who have been registered in this state
who are retired from active practice or other related professional activities
in any jurisdictions whatsoever, may apply for "Emeritus Status" by
submitting a form provided by the Board showing compliance with the
requirements of this Section. "Retired" means that the architect no
longer practices architecture in that he/she no longer seals and certifies
documents with his/her seal or otherwise offers to practice or practices
architecture as defined in G.S. 83A-1 as amended. Nonresident architects who
have been continuously certified by NCARB who are retired from active practice
[or other related professional activities] in any jurisdictions whatsoever, and
who are "emeritus", inactive or retired in every other jurisdiction
in which they are licensed may also apply for "Emeritus Status" by
submitting a form provided by the Board showing compliance with the
requirements of this Section. Any such "architect emeritus" must
renew that status on forms provided by the Board on or before the first day of
July in each year. Any reference to an architect on "Emeritus
Status" on any letter, title, sign, card or device shall list such
architect as "Architect Emeritus".
History Note: Authority G.S. 83A‑4; 83A‑6;
83A‑11; 83A‑12;
Eff. November 1, 1991;
Amended Eff. July 1, 2006;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0218 LIMITED LIABILITY COMPANIES
Architects may
practice in this state through duly authorized limited liability companies only
as provided under G.S. 57C-2-01(c). Any limited liability company that offers
to practice or practices architecture in this state must comply with the same
requirements applicable to professional corporations under Rules .0201, .0202,
.0204, .0205, .0214, and .0215 of this Chapter.
History Note: Authority G.S. 57C-2-01; 83A-6;
Eff. June 1, 1995;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0219 REGISTERED LIMITED LIABILITY
PARTNERSHIPS
History Note: Authority G.S. 83A-6; 59-84.2; 59-84.3;
Eff. June 1, 1995;
Repealed Eff. November 1, 2010.
SECTION .0300 ‑ EXAMINATION PROCEDURES
21 NCAC 02 .0301 APPLICATION FOR Registration by exam
(a) All persons desiring to submit an application to take
the Architectural Registration Exam (ARE) shall complete the application for
licensure by exam and submit the non-refundable application fee as established
in Rule .0108. If an application is complete and the applicant is otherwise
qualified by statute and the rules of the Board to sit for the examination, the
Board shall send notice of ARE eligibility to the applicant.
(b) The fees for examination, or parts thereof, are set by
the National Council of Architecture Registration Boards. Fee information will
be made available to all applicants for examination on the Board web site and
may be obtained from the National Council of Architecture Registration Boards.
History Note: Authority G.S. 83A-4; 83A-6; 83A-7;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. November 1, 2010; July 1, 1996; December 1,
1992; May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0302 EXAMINATION
(a) Licensure Examination. All applicants for
architectural registration in North Carolina by examination shall pass the
Architectural Registration Examination (ARE), prepared by the National Council
of Architectural Registration Boards (NCARB). Applicants who have never been
registered in any NCARB recognized jurisdiction may transfer credits for
portions of the examination previously passed in another jurisdiction if at the
time of initial approval to take the exam in said jurisdiction they otherwise
qualified for taking the exam under the rules in this Chapter. The
qualifications necessary for eligibility to take the ARE are as follows:
(1) be of good moral character as defined in
G.S. 83A-1(5);
(2) be at least 18 years of age;
(3) completion of a NAAB (National
Architectural Accrediting Board) accredited professional degree in
architecture;
(4) all applicants who apply for architectural
registration by exam are required to be enrolled in the Intern Development
Program (IDP) through NCARB or a program approved as equivalent by the North
Carolina Board of Architecture as set forth in G.S. 83A-7(a)(2)
(5) The Board shall grant eligibility to take
the exam, to those individuals who have obtained the required NAAB accredited
degree and have enrolled in the NCARB IDP. Upon successful completion of all
sections of the ARE and fulfillment of all IDP requirements an individual may
submit the application and fee for licensure by exam and may then be granted a
license to practice architecture. G.S. 83A-7(a)(1)a. shall be deemed satisfied
through completion of the requirements set forth in this Paragraph.
(b) Retention of credit for purposes of licensure by examination
in North Carolina.
(1) Passing scores received after July 1, 2006
on any part of the ARE remain valid for a period of time established by the
exam provider, NCARB and found on the web site at www.ncarb.org.
(2) As of July 1, 2011, passing scores received
on any part of the ARE prior to July 1, 1996 are invalid.
(3) As of July 1, 2014, passing scores received
on any part of the ARE after July 1, 1996 and prior to July 1, 2006 are
invalid.
(c) Practical training as indicated in G.S. 83A-7(a)(2) means
practical experience and diversified training as defined by the Intern
Development Program through the NCARB. However, the Board may judge each case
on its own merits.
(d) Personal interview. During the application process,
the applicant may be interviewed by the Board members. The purpose of the
interview is to augment the evidence submitted in an application with regard to
qualifications required in Subparagraph (a)(1) of this Rule.
(e) The ARE shall be graded in accordance with the methods
and procedures recommended by NCARB. An exam candidate shall receive a passing
grade in each division of the Architectural Registration Exam. Information
regarding NCARB grading methods and procedures is found on their web site at
www.ncarb.org.
(f) A person currently employed under the responsible
control of an architect, who holds a Professional Degree from a NAAB accredited
program, and who maintains an active NCARB IDP record or has successfully
completed the NCARB IDP may use the title "Architectural Intern" or
"Intern Architect" in conjunction with his or her current employment.
History Note: Authority G.S. 83A-1; 83A-6; 83A-7;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. July 1, 2014; November 1, 2010; July 1,
2006; July 1, 2000; July 1, 1996; June 1, 1995; December 1, 1992; July 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0303 licensure by reciprocity
(a) An individual who holds a current license in good
standing from a National Council of Architecture Registration Boards (NCARB)
recognized jurisdiction and a Certified Council Certificate (also known as
"Blue Cover") issued by NCARB may qualify for licensure by
reciprocity. Upon receipt of a certified record from NCARB and the Board
application for licensure by reciprocity and fee, the Board may issue a license
to an applicant as provided in G.S. 83A-7(b). Revocation of the certificate by
NCARB shall automatically suspend the architect's license to practice in North
Carolina until such time as the certificate is reinstated by NCARB.
(b) The Board may interview with the applicant to satisfy
the Board, or its designee that the applicant has had sufficient recent
architectural practice experience to be able to competently practice
architecture in this state.
History Note: Authority G.S. 83A-6; 83A-7;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. July 1, 2014; November 1, 2010; July 1,
2006; July 1, 2000; October 1, 1995; May 1, 1989; October 1, 1984; September 1,
1982;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0304 ALIEN APPLICANTS
History Note: Authority G.S. 83‑4;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. November 1, 1979.
SECTION .0400 ‑ RULES: PETITIONS: HEARINGS
21 NCAC 02 .0401 RULE‑MAKING PETITIONS
(a) A person may petition the Board to adopt a new rule or
change or amend an existing rule by sending a rule‑making petition to the
Board at the Board's address set out in Rule .0101. The petition must be
titled "Petition for Rule‑making" and must include the
following information:
(1) the name and address of the person
submitting the petition;
(2) a citation to any rule for which a change
or repeal is requested;
(3) a draft of any proposed rule or amended
rule;
(4) an explanation of why the new rule,
amendment, or repeal is requested and the effects of the new rule, amendment,
or repeal on the Board's procedure or the persons regulated by the Board;
(5) any other information the person submitting
the petition considers relevant.
(b) The Board must decide whether to grant or deny a
petition for rule‑making within 120 days of receiving the petition. In
making its decision, the Board will consider the information submitted with the
petition and any other relevant information.
(c) When the Board denies a petition for rule‑making,
it must send written notice of the denial to the person who submitted the
request. The notice must state the reason for the denial. When the Board
grants a rule‑making petition, it must initiate rule‑making
proceedings and send written notice of the proceedings to the person who
submitted the request.
History Note: Authority G.S. 150B‑6;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0402 NOTICE OF RULE‑MAKING HEARINGS
Upon a
determination to hold a rule‑making proceeding, either in response to a
petition or otherwise, the Board shall give notice to all interested persons
pursuant to the procedure established in Article 3A of Chapter 150B of the
North Carolina General Statutes.
History Note: Authority G.S. 83A‑6; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. June 1, 1995; May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive
public interest Eff. January 13, 2015.
21 NCAC 02 .0403 NOTICE MAILING LIST
Any person desiring to be placed on the mailing list for
Board rule‑making notices may file such request in writing, furnishing
his name and mailing address to the Board. The letter of request should state
those subject areas within the authority of the Board for which the person
wants notice. The Board may require reasonable postage and stationery cost to
be paid by persons receiving such notice.
History Note: Authority G.S. 83A‑6; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0404 SUBMISSION OF DATA
Any person desiring to present data, views or arguments on a
proposed rule must comply with the statement of procedure as contained in the
Notice of Hearing for the rule. Any person desiring to make an oral presentation
to the Board prior to or at the hearing is encouraged to submit a written copy
of the presentation to the Board prior to or at the hearing.
History Note: Authority G.S. 83A‑6; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0405 PRESIDING OFFICER: POWERS AND DUTIES
The presiding
officer at a rule‑making hearing shall have complete control of the
proceedings, including recognition of the speakers, time allotments for
presentations, the right to question speakers, direction of the discussion and
management of the hearing. The presiding officer, at all times, shall take
care that each person participating in the hearing is given a fair opportunity
to present views, data and comments.
History Note: Authority G.S. 83A‑6; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. June 1, 1995; May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0406 RECORD OF PROCEEDINGS
A record of all rule‑making proceedings will be
maintained in the Board office for as long as the rule is in effect. This
record shall contain: the original petition (if any), the notice, all written
comments submitted, statements of explanation made to any interested party, and
the minutes of the proceedings.
History Note: Authority G.S. 83A‑6; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0407 REQUEST TO PARTICIPATE
21 NCAC 02 .0408 CONTENTS OF REQUEST: GENERAL TIME
LIMITATIONS
21 NCAC 02 .0409 RECEIPT OF REQUEST: SPECIFIC TIME
LIMITS
21 NCAC 02 .0410 WRITTEN SUBMISSIONS
21 NCAC 02 .0411 PRESIDING OFFICER: POWER AND DUTIES
21 NCAC 02 .0412 STATEMENT OF REASONS FOR DECISION
21 NCAC 02 .0413 RECORD OF PROCEEDINGS
21 NCAC 02 .0414 EMERGENCY RULES
History Note: Authority G.S. 83‑4; 150A‑11;
150A‑12(a); 150A‑12(d); 150A‑12(e);
150A‑12(6); 150A‑13; 150A‑14;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. May 1, 1989.
SECTION .0500 ‑ DECLARATORY RULINGS
21 NCAC 02 .0501 PROCEDURE FOR DECLARATORY RULING
(a) The Board shall decide whether to grant or deny a
request to make a declaratory ruling on the validity of a rule or on the
applicability of particular facts to a statute or to a rule or order of the
Board within 60 days of receiving the petition. The Board shall deny a request
for a declaratory ruling when the Board deems the petition undesirable. The
Board will ordinarily refuse to grant a petition for a declaratory ruling when
there has been a similar factual determination in a contested case or one is
likely to be made in a pending contested case or investigation.
(b) The Board will presume that its current rules are valid
unless this presumption is rebutted by persuasive evidence as offered in the
petition for the declaratory ruling. When the Board determines that a rule is
invalid, the Board shall initiate rule‑making proceedings and send
written notice of the proceeding to the person who submitted the request.
History Note: Authority G.S. 83A‑6; 150B‑17;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0502 SUBMISSION OF REQUEST FOR RULING
21 NCAC 02 .0503 DISPOSITION OF REQUESTS
21 NCAC 02 .0504 RECORD OF DECISION
21 NCAC 02 .0505 EFFECTIVE DATE
History Note: Authority G.S. 83‑4; 150A‑11;
150A‑17;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. May 1, 1989.
SECTION .0600 ‑ ADMINISTRATIVE HEARINGS: PROCEDURES
21 NCAC 02 .0601 PROFESSIONAL STANDARDS COMMITTEE
(a) The
Professional Standards Committee ("Committee") shall be appointed by
the President of the Board. Complaints regarding violations of the law or
board rules shall be referred to the Committee.
(b) The
Committee shall determine whether a complaint warrants further investigation
or, if proven, constitutes probable cause and justifies contested case
proceedings.
(c) If
probable cause is found by the Committee, the staff and board counsel shall
serve a Notice of Hearing for a contested case proceeding. However, a Consent
Agreement resolving the complaint may be negotiated and recommended to the
Board by the Committee, either before or after service of the Notice of
Hearing.
(d) If
probable cause is not found, the Committee may dismiss such a matter with or
without prejudice.
History Note: Authority G.S. 83A‑6; 83A‑14;
83A‑15; 150B‑41;
Eff. March 1, 1984;
Amended Eff. November 1, 1991; May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0602 RIGHT TO HEARING
History Note: Authority G.S. 83A‑6; 150B‑11;
150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Recodified from 21 NCAC 2 .0601;
Amended Eff. May 1, 1989;
Repealed Eff. June 1, 1995.
21 NCAC 02 .0603 REQUEST FOR HEARING
(a) Any time
an individual believes he is a person aggrieved 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 shall submit a
request to the Board's office, with the request bearing the notation: REQUEST
FOR ADMINISTRATIVE HEARING. The request must 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 shall be acknowledged promptly and, if
deemed appropriate by the Board in accordance with Rule .0604 of this Section,
a hearing will be scheduled.
History Note: Authority G.S. 83A‑6; 150B‑11;
150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Recodified from 21 NCAC 2 .0602;
Amended Eff. June 1, 1995; June 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0604 GRANTING OR DENYING HEARING REQUESTS
(a) The Board
shall 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 request for a hearing shall be issued no later than 60 days after the
submission of the request. Such denial shall contain a statement of the
reasons for the denial of the request.
(c) Approval
of a request for a hearing will be signified by the issuing of a notice as
required by General Statutes 150B‑38(b) and explained in Rule .0605 of
this Section.
History Note: Authority G.S. 83A‑6; 150B‑11;
150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Recodified from 21 NCAC 2 .0603;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0605 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) The Board
shall give notice to all parties with a notice of hearing either personally or
by certified mail or, if those methods are unavailable, in accordance with G.S.
1A‑1, Rule 4(j1). In the event that notice is accomplished by certified
mail, the delivery date on the return receipt shall be the date of the service
of notice.
(c) If the
Board determines that the public health, safety or welfare requires such
action, it may issue an order summarily suspending a license or registration.
Upon service of the order, the licensee or registrant to whom the order is
directed shall immediately cease the practice of architecture 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. 83A‑6; 150B‑3(c);
150B‑11; 150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Recodified from 21 NCAC 2 .0604;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0606 WHO SHALL HEAR CONTESTED CASES
All contested
case hearings will be conducted by the full Board or by a panel consisting of
at least a majority of the members of the Board. When required by Chapter 150B
of the North Carolina Statutes, the Board shall apply to the Office of
Administrative Hearings for the designation of an administrative law judge to
hear the case pursuant to G.S. 150B‑40(e).
History Note: Authority G.S. 83A‑6; 150B‑11;
150B‑38; 150B‑40;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Recodified from 21 NCAC 2 .0605;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0607 PETITION FOR INTERVENTION
(a) A person
desiring to intervene in a contested case must file a written petition with the
Board. The request must 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;
(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 that are
imposed on the intervenor.
(d) If the
Board's decision is to deny intervention, the petitioner shall be notified
promptly. Such notice shall be in writing, identifying the reasons for the
denial, and shall be issued to the petitioner and all parties.
History Note: Authority G.S. 83A‑6; 150B‑11;
150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Recodified from 21 NCAC 2 .0606;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0608 TYPES OF INTERVENTION
(a)
Intervention of Right. A petition to intervene 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 his 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 hearings; 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. 83A‑6; 150B‑11;
150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Recodified from 21 NCAC 2 .0607;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0609 INFORMAL PROCEDURES
(a) 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.
(b) Informal
disposition may be made of any contested case or any issue therein by
stipulation, agreement, or consent order at any time after Notice of Hearing or
during the proceedings.
History Note: Authority G.S. 83A‑6; 150B‑11;
150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Recodified from 21 NCAC 2 .0608;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0610 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 conduct the hearing 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 conduct the
hearing and perform all duties in an impartial manner, the party may file a
sworn, notarized affidavit with the Board. The title of such affidavit must
bear the notation: AFFIDAVIT OF DISQUALIFICATION OF BOARD MEMBER IN THE CASE
OF (name of case).
(c) Contents
of Affidavit. The affidavit must state all facts the party deems to be
relevant to the disqualification of the Board member.
(d) Timeliness
of Affidavit. An affidavit of disqualification 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.
(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) A
record of proceedings and the reasons for any decision reached will be
maintained as part of the contested case record.
(6) 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.
(7) If
disqualification of a Board member leaves less than a majority of the Board,
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).
(8) 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.
History Note: Authority G.S. 83A‑6; 150B‑11;
150B‑38; 150B‑40;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Recodified from 21 NCAC 2 .0609;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
SECTION .0700 ‑ ADMINISTRATIVE HEARINGS: DECISIONS:
RELATED RIGHTS
21 NCAC 02 .0701 CONTINUANCES FAILURE TO APPEAR
(a) The presiding officer may grant continuances and
adjournments only in compelling circumstances.
(b) Should a party fail to appear at a hearing or fail to
appear following the granting of a continuance adjournment, the hearing shall
be conducted in the party's absence.
History Note: Authority G.S. 83A-6; 150B-11; 150B-38;
150B-40;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. November 1, 2010; May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0702 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 or transcribed. 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. 83A‑6; 150B‑11;
150B‑38; 150B‑40;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0703 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 five days of receipt of the request.
(b) Subpoenas shall contain:
(1) the caption of the case; the name and
address of the person subpoenaed;
(2) the date, hour and location of the hearing
in which the witness is commanded to appear;
(3) a particularized description of the books,
papers, records or objects the witness is directed to bring with him to the
hearing, if any;
(4) the identity of the party on whose
application the subpoena was issued; the date of issue;
(5) the signature of one of the members of the
Board or the Board's Secretary; and
(6) 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 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) 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 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 presiding officer, 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 presiding officer shall issue a notice to the party who requested the
subpoena and the party challenging the subpoena, and may notify any other party
or parties of an open hearing, to be scheduled as soon as practicable, at which
time evidence and testimony may be presented, limited to the narrow questions
raised by the objection and response.
(i) After the close of such hearing, a majority of the
Board members hearing the contested case shall rule on the challenge and issue
a written decision. A copy of the decision shall be issued to all parties and
made a part of the record.
History Note: Authority G.S. 83A-6; 150B-11; 150B-38;
150B-39;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. November 1, 2010; May 1, 1989.
21 NCAC 02 .0704 FINAL Agency DECISION
In all cases heard by the Board of Architecture, 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. 83A‑6; 150B‑11;
150B‑38; 150B‑42;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0705 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. 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
received within ten days after the party has received the "proposal for
decision" as drafted by the administrative law judge.
(b) Any exceptions to the procedure during the hearing, the
handling of the 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 must 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 requests 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. 83A‑6; 150B‑11;
150B‑38; 150B‑40;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
SECTION .0800 ‑ JUDICIAL REVIEW
21 NCAC 02 .0801 RIGHT TO JUDICIAL REVIEW
21 NCAC 02 .0802 MANNER OF SEEKING REVIEW: TIME FOR
FILING PETITION: WAIVER
History Note: Authority G.S. 83‑4; 150A‑43;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. May 1, 1989.
SECTION .0900 - CONTINUING EDUCATION
21 NCAC 02 .0901 SCOPE
The rules in this Section set forth the continuing education
requirements to be complied with by registrants.
History Note: Authority G.S. 83A-6(a)(4); 83A-6(a)(5);
83A-11;
Eff. July 1, 1998;
Amended Eff. July 1, 2006;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0902 DEFINITIONS
History Note: Authority G.S. 83A-6(a)(4); 83A-6(a)(5);
83A-11;
Eff. July 1, 1998;
Repealed Eff. October 1, 2012.
21 NCAC 02 .0903 REQUIREMENTS
(a) Every registrant shall obtain 12 contact hours for each
calendar year. "Contact Hour" means a minimum of 50 minutes contact.
(b) The contact hours shall be obtained in structured
educational activities intended to increase or update the architect's knowledge
and competence in technical and professional architectural subjects directly
related to safeguarding public health, safety and welfare("HSW"). "Structured
educational activities" are activities in which at least 75 percent of an
activity's content and instructional time is devoted to HSW subjects related to
the practice of architecture, including courses of study or other activities
under the areas identified as HSW by individuals or organizations, whether
delivered by direct contact or distance learning methods.
(c) Registrants shall not carry forward any contact hours
into the subsequent period.
(d) Registrants shall certify completion of the contact
hours for the previous calendar year with annual registration renewal.
History Note: Authority G.S. 83A-6(a)(4); 83A-6(a)(5);
83A-11;
Eff. July 1, 1998;
Amended Eff. October 1, 2012;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0904 DETERMINATION OF CREDIT
(a) The Board has final authority with respect to approval
of courses, programs, and contact hours.
(b) The Board may randomly audit the compliance of
individual registrants and require proof in the form of records maintained
pursuant to Rule .0905 of this Section of participation in courses or programs
that conform with the content and contact hours calculation requirements
contained in G.S. 83A-6(a) and these Rules.
History Note: Authority G.S. 83A-6(a)(4); 83A-6(a)(5);
83A-11;
Eff. July 1, 1998;
Amended Eff. October 1, 2012; July 1, 2006;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0905 RECORD KEEPING
(a) The registrant shall maintain records to support
credits claimed. Records required include:
(1) A log showing the type of activity claimed,
sponsoring organization, location, duration, the name of the instructor or
speaker and contact hours earned; or
(2) Attendance certificates or other evidence
of participation; or
(3) Records maintained by the American
Institute of Architects Continuing Education System(AIA/CES).
(b) Records shall be retained by the registrant for a
period of six years after the credit is claimed and provided to the Board upon
request.
History Note: Authority G.S. 83A-6(a)(4); 83A-6(a)(5);
83A-11;
Eff. July 1, 1998;
Amended Eff. October 1, 2012;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0906 EXCEPTIONS
A registrant shall be exempt from the continuing education
requirements for any of the following reasons:
(1) New registrants by way of examination or
reciprocity for the calendar year in which they become licensed;
(2) A registrant serving on temporary active duty in
the armed forces of the United States for a period of time exceeding 90
consecutive days in a year or as provided by statute, whichever is greater;
(3) Registrants experiencing physical disability or
illness if supporting documentation is approved by the Board. Such
documentation shall be in the form of a statement by the registrant, a
statement from a physician, or medical records which show that the disability
or illness prevented registrant's participation in a course which the
registrant had enrolled, or prevented registrant's participation in the
continuing education program for at least 90 consecutive days in a year; and
(4) Registrants who receive emeritus status from the
Board. In order to return to active practice, registrants shall complete
continuing education requirements for each exempted year not to exceed two
years.
History Note: Authority G.S. 83A-6(a)(4); 83A-6(a)(5);
83A-11;
Eff. July 1, 1998;
Amended Eff. October 1, 2012; July 1, 2006;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0907 REINSTATEMENT
A former registrant may only apply for reinstatement
pursuant to G.S. 83A-11 if he has earned all delinquent contact hours within
the 12 months preceding the application. However, if the total number of
contact hours required to become current exceeds 24, then 24 shall be the
maximum number required.
History Note: Authority G.S. 83A-6(a)(4); 83A-6(a)(5);
83A-11;
Eff. July 1, 1998;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0908 RECIPROCITY
The requirements of North Carolina shall be deemed satisfied
by a non-resident registrant provided:
(1) Registrant's resident jurisdiction has a comparable
continuing education program; and
(2) The same jurisdiction accepts the North Carolina
continuing education requirements as satisfying their requirements.
History Note: Authority G.S. 83A-6(a)(4); 83A-6(a)(5);
83A-11;
Eff. July 1, 1998;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0909 FORMS
All renewal applications shall require the completion of a
continuing education certification provided by the Board documenting the
contact hours claimed for the renewal period. The registrant shall supply
sufficient detail to permit audit verification and shall certify and sign the
continuing education certification with the renewal application and fee.
History Note: Authority G.S. 83A-6(a)(4); 83A-6(a)(5);
83A-11;
Eff. July 1, 1998;
Amended Eff. October 1, 2012;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
21 NCAC 02 .0910 NON-COMPLIANCE
(a) If any credits are disallowed by the Board, then the
registrant shall have 60 calendar days after notification to substantiate the
original claim or obtain other contact hours to meet the minimum requirements.
(b) Licensees who fail to complete the continuing education
requirement by the end of the previous calendar year shall have his or her
license placed on probation and shall complete the outstanding continuing
education by December 31st of the current calendar year. If the
licensee fails to complete the outstanding continuing education requirements
his or her license shall be suspended for 60 days or until such time as
compliance is demonstrated if prior to 60 days. If the licensee fails to
complete the outstanding continuing education within the 60 days suspension
period his or her license shall be revoked.
History Note: Authority G.S. 83A-6(a)(4); 83A-6(a)(5);
83A-11; 83A-15;
Eff. July 1, 1998;
Amended Eff. October 1, 2012; July 1, 2006;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.
