Section .0100 ‑ General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 02 - architecture/chapter 02 rules.html
Published: 2015

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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Repealed Eff.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.