section .0900 - reciprocity

18 ncac 10 .0901             RECIPROCAL AGREEMENTS AND LICENSURE BY RECIPROCITY

(a)  Certification Authorities licensed by other jurisdictions may request North Carolina licensure by the North Carolina Electronic Commerce Section.  The applicant must be currently licensed in good standing with another jurisdiction.

(b)  To seek reciprocal licensure in North Carolina, Certification Authorities licensed by other jurisdictions shall do the following:

(1)           Pay the licensing fee as described in the Rules in this Chapter and comply with 18 NCAC 10 .0301(a), (c), (d), (e), (f), (g) and (h);

(2)           Provide the Electronic Commerce Section with evidence of licensure in good standing from the other licensing jurisdiction;

(3)           Provide the Electronic Commerce Section with a complete copy of the licensing application that led to the Certification Authority becoming licensed in the other jurisdiction, including any amendments thereto;

(4)           Provide full disclosure of any former, current or proposed disciplinary action or criminal proceeding arising from or related to the Certification Authority's license or activities as a Certification Authority;

(5)           Provide a complete history of licensure in all other jurisdictions, whether continuous or disrupted, and if disrupted the length of the disruption and basis therefore; and

(6)           Provide any additional information necessary to substantiate compliance with the audit requirements identified in 18 NCAC 10 .0303(k), as may be required by the Electronic Commerce Section.

(c)  The Electronic Commerce Section may impose civil sanctions against a reciprocal licensee on the same basis that the Electronic Commerce Section can impose civil sanction against a Certification Authority license otherwise issued, or upon finding that the Certification Authority has had a license revoked or suspended in another jurisdiction.

(d)  Any Certification Authority that obtains a reciprocal license under the Rules in this Chapter shall inform the Electronic Commerce Section in writing of any civil or criminal proceeding that arises from or relates to the Certification Authority's license or any disciplinary action commenced against the Certification Authority in any other jurisdiction within ten days of notice of the proceeding or action.

History Note:        Authority G.S. 66-58.3; 66-58.6; 66-58.7; 66-58.8; 66-58.10; 66-58.11;

Temporary Adoption Eff. February 23, 1999;

Codifier determined on November 23, 1999, agency findings did not meet criteria for temporary rule;

Recodified from 18 NCAC 10 .0501 Eff. December 3, 1999;

Temporary Adoption Eff. December 3, 1999;

Eff. March 26, 2001;

Amended Eff. April 1, 2001;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.