CHAPTER 17 - NORTH CAROLINA ALARM SYSTEMS LICENSING BOARD

 

SECTION .0100 ‑ ORGANIZATION AND GENERAL PROVISIONS

 

14B NCAC 17 .0101          PURPOSE

The Alarm Systems Licensing Board is established within the North Carolina Department of Public Safety for the purpose of administering the licensing of and setting the educational and training requirements for persons, firms, associations, and corporations engaged in providing alarm systems and services to citizens of North Carolina.

 

History Note:        Authority G.S. 74D‑4;

Temporary Rule Eff. January 9, 1984, for a Period of 120 Days to Expire on May 7, 1984;

Eff. May 1, 1984;

Transferred and Recodified from 12 NCAC 11 .0101 Eff. July 1, 2015;

Amended Eff. December 1, 2017.

 

14B ncac 17 .0102          location

The administrative offices of the Alarm Systems Licensing Board are located at 3101 Industrial Drive, Suite 104, Raleigh, North Carolina 27609, telephone (919) 788-5320.

 

History Note:        Authority G.S. 74D-4; 74D-5;

Temporary Rule Eff. January 9, 1984, for a Period of 120 Days to Expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. December 1, 2012;

Transferred and Recodified from 12 NCAC 11 .0102 Eff. July 1, 2015;

Amended Eff. December 1, 2017.

 

14b NCAC 17 .0103          DEFINITIONS

In addition to the definitions under G.S. Chapter 74D, the following definitions shall apply throughout this Chapter:

(1)           "Applicant" means any person, firm, or corporation applying to the Board for a license or registration.

(2)           "Board" means the Alarm Systems Licensing Board established by G.S. Chapter 74D.

(3)           "Branch Manager or Operator" means the licensee endowed with the responsibility and liability for a branch office.

(4)           "Branch Office" means a separate but dependent part of a central organization.  The establishment of a telephone number or mailing address in the company name constitutes prima facie evidence of a branch office.

(5)           "Chairman" means the Chairman of the Alarm Systems Licensing Board.

(6)           "Installs" means placing an alarm device in a residential or commercial location and includes demonstrating the utilization of an alarm system device for a specific location and function within the protected premises and, with such knowledge of the alarm system operation, delivering that device to the owner or operator of the protected premises.

(7)           "Licensee" means any person licensed pursuant to G.S. Chapter 74D.

(8)           "Responds" means receiving a monitored alarm signal that indicates the existence of an unauthorized intrusion or taking from the premises of a customer, and being required by contract to take action upon receipt of that alarm signal.

(9)           "Services" means inspecting, testing, repairing or replacing an alarm system device within protected premises.

(10)         "Monitors" means receiving a signal from protected premises or contracting with a person, firm or corporation to provide accessible equipment and personnel to receive a signal from an alarm device in a residential or commercial location and take certain action in response.

(11)         "Qualifying Agent" means any person who meets the requirements of G.S. 74D‑2(c), provided that no licensee may act as qualifying agent for more than one alarm systems business without prior authorization of the Board.

(12)         "Knowledge of Specific Applications" means obtaining specific information about the premises which is protected or is to be protected, such knowledge gained during an on‑site visit.  Conducting a survey shall be prima facie evidence that knowledge of specific application has been gained.

(13)         "Employee" means a person who has an agreement with a licensee to perform alarm systems business activities under the direct supervision and control of the licensee, for whose services any charges are determined imposed and collected by the licensee, and for whose alarm systems business activities the licensee is legally liable.

(14)         "Agency Head" means the Chairman of the Alarm Systems Licensing Board.

 

History Note:        Authority G.S. 74D‑2; 74D‑5;

Temporary Rule Eff. January 9, 1984, for a Period of 120 Days to Expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. August 1, 1988; February 1, 1988; July 1, 1987; January 1, 1986;

Transferred and Recodified from 12 NCAC 11 .0103 Eff. July 1, 2015.

 

14B NCAC 17 .0104          DISCIPLINARY ACTIONS

(a)  The Board may deny, suspend, or revoke a license or registration in accordance with G.S. Chapter 74D and this Chapter.

(b)  The Board may issue a written reprimand to a holder of a license or registration identification card when the Board determines:

(1)           the holder has violated any of the provisions of this Chapter or G.S. Chapter 74D that were applicable to the holder;

(2)           the violation did not result in the physical injury of any person or property loss to any person; and

(3)           the holder expresses an intention to or already has corrected the improper activity.

(c)  A notice of any disciplinary action shall be sent to the employer of the holder, the qualifying agent and the holder.

(d)  Evidence of disciplinary action may be presented and considered at any subsequent disciplinary proceeding of the holder.

 

History Note:        Authority G.S. 74D‑2; 74D‑5; 74D‑6; 74D‑8; 74D‑10;

Temporary Rule Eff. January 9, 1984, for a Period of 120 Days to Expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. July 1, 1987;

Transferred and Recodified from 12 NCAC 11 .0104 Eff. July 1, 2015.

 

14b NCAC 17 .0105          PROHIBITED ACTS

In addition to the prohibited acts set forth elsewhere in this Subchapter and in Chapter 74D of the General Statutes, any applicant, licensee, or registrant who does any of the following shall have his or her application denied, or his or her license or registration revoked or suspended:

(1)           Displays or causes or permits to be displayed, or has in his or her possession any cancelled, revoked, suspended, fictitious, fraudulently altered license or registration identification card, or any document simulating a license or registration identification card or purporting to be or to have been issued as a license or registration identification card;

(2)           Lends his or her license or registration identification card to any person or allows the use thereof by another;

(3)           Displays or represents any license or registration identification card not issued to him or her as being his or her license or registration identification card;

(4)           Includes in any advertisement a statement which implies official state authorized certification or approval other than this statement:  "Licensed by the Alarm Systems Licensing Board of the State of North Carolina."  Licensees may include their license number.

(5)           Includes in the company name the word "police" or other law enforcement designation that implies that the alarm company is affiliated with a local, state, or federal law enforcement agency.

(6)           Makes any false statement or gives any false information to a third party provider in connection with any criminal history record check provided to the Board.

 

History Note:        Authority G.S. 74D-5; 74D-6; 74D-10;

Temporary Rule Eff. January 9, 1984, for a Period of 120 Days to Expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. June 1, 2014; August 1, 2007;

Transferred and Recodified from 12 NCAC 11 .0105 Eff. July 1, 2015.

 

14b NCAC 17 .0106          DETERMINATION OF EXPERIENCE

(a)  Experience requirements shall be determined in the following manner:  one year's experience = 1,000 hours.

(b)  The Board shall not consider any experience claimed by the applicant if gained while not in possession of a valid license or registration while such license or registration was required by existing or previously existing laws of the United States, any State, or any political subdivision thereof.

 

History Note:        Authority G.S. 74D-5;

Temporary Rule Eff. January 9, 1984, for a Period of 120 Days to Expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. November 1, 2010; September 1, 1993;

Transferred and Recodified from 12 NCAC 11 .0106 Eff. July 1, 2015.

 

14B NCAC 17 .0107          RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES

The Administrative Procedures for rule‑making and hearings, codified at Title 26, Subchapters 2 and 3 of the North Carolina Administrative Code, effective August 1, 1986, are hereby adopted by reference to apply to actions of the Alarm Systems Licensing Board.  Pursuant to G.S. 150B‑14(c) this reference shall automatically include any later amendments and additions to Title 26 Subchapters 2 and 3 of the North Carolina Administrative Code.

 

History Note:        Authority G.S. 74D‑5;

Eff. August 1, 1988;

Transferred and Recodified from 12 NCAC 11 .0122 Eff. July 1, 2015.

 

14B NCAC 17 .0108          CONSUMER CONTRACT AND DISCLOSURE REQUIREMENTS FOR ALARM SERVICES

(a)  Every person, firm, association or corporation licensed to engage in the alarm systems business in North Carolina who sells, installs, services, responds to or monitors electrical, electronic or mechanical alarm systems shall execute with the consumer a written contract in all transactions that must consist of the following:

(1)           A description of the sale(s) and/or service(s) in brief, simple terminology;

(2)           The company's name, address, telephone number, and North Carolina Alarm Systems License Number and the North Carolina Alarm Systems Licensing Board's address and telephone number.

(b)  Any person, firm, association or corporation licensed to engage in the alarm systems business in North Carolina by providing sales, installation, service, response, or monitoring to a consumer and who unilaterally terminates, causes to be terminated or reasonably knows of the termination of the monitoring, response or service to that consumer, shall provide notification to that consumer by verified personal service or certified mail at least 10 days prior to cessation of the service(s).  This provision shall not apply to consumer initiated action to terminate or upon consumer relocation.

(c)  Any person, firm, association or corporation licensed to engage in the alarm systems business in North Carolina by providing sales, installation, service, response, or monitoring to a consumer and who changes or causes to be changed the monitoring, response or service to that consumer, shall provide written notification to that consumer of the change, the effective date, and the name, address and telephone number of the new provider.

 

History Note:        Authority G.S. 74D-2(a); 74D-5;

Eff. July 1, 1995;

Transferred and Recodified from 12 NCAC 11 .0123 Eff. July 1, 2015.

 

SECTION .0200 – PROVISIONS FOR LICENSEES

 

14B ncac 17 .0201          APPLICATION FOR LICENSE

(a)  Each applicant for a license shall complete an application form provided by the Board. This form and one additional copy shall be submitted to the administrator and shall be accompanied by:

(1)           one set of classifiable fingerprints on an applicant card provided by the Board;

(2)           one head and shoulders digital photograph of the applicant in JPG format of acceptable quality for identification, taken within six months prior to submission, and submitted by e-mail to PPSASL-Photos@ncdps.gov or by compact disc;

(3)           for residents of North Carolina, statements of the results of a statewide criminal history records search by the reporting service designated by the Board pursuant to G.S. 74C-8.1(a) for any state where the applicant has resided within the preceeding 60 months;

(4)           the applicant's application fee; and

(5)           an Equifax credit check run within 30 days of the license application submission date.

(b)  Each applicant shall provide evidence of high school graduation either by diploma, G.E.D. certificate, or other equivalent documentation.

(c)  Each applicant for a license shall meet personally with either a Board investigator, the Screening Committee, the Director, or a Board representative designated by the Director prior to being issued a license. The applicant shall discuss the provisions of G.S. 74D and the administrative rules in this Chapter during the personal meeting. The applicant shall sign a form provided by the Board indicating that the applicant has reviewed the information with the Board's representative and that the applicant has an understanding of G.S. 74D and the administrative rules in this Chapter.

(d)  Each applicant for a branch office license shall complete an application form provided by the Board. This form and one additional copy shall be submitted to the administrator and shall be accompanied by the branch office application fee.

 

History Note:        Authority G.S. 74D-2; 74D-3; 74D-5; 74D-7;

Temporary Rule Eff. January 9, 1984, for a period of 120 days to expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. December 1, 2012; February 1, 2012; January 1, 2007; September 1, 2006; March 1, 1993; July 1, 1987; January 1, 1986;

Transferred and Recodified from 12 NCAC 11 .0201 Eff. July 1, 2015;

Amended Eff. December 1, 2017.

 

14B NCAC 17 .0202          EXPERIENCE REQUIREMENTS FOR LICENSE

(a)  Applicants for an alarm system license shall meet the following requirements, which are additional to those specified in G.S. 74D:

(1)           Establish to the Board's satisfaction two year's experience within the past five years in alarm systems installation, service, or alarm systems business management;

(2)           No longer than one year prior to the application date, successfully pass an oral or written examination required by the Board to measure an individual's knowledge and competence in the alarm systems business; or

(3)           No longer than one year prior to the application date, successfully complete the Certified Alarm Technician Level I Course offered by the National Electronic Security Association or Elite CEU's on-line training course.

(b)  Any applicant who takes the examination required by the Board under Subparagraph (a)(2) of this Rule and who does not successfully complete said examination after two attempts shall wait six months before being allowed to take the examination again.

 

History Note:        Authority G.S. 74D‑5;

Temporary Rule Eff. January 9, 1984, for a period of 120 days to expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. January 1, 2007; August 1, 1998; January 1, 1995; March 1, 1993; August 3, 1992; June 1, 1990;

Transferred and Recodified from 12 NCAC 11 .0202 Eff. July 1, 2015;

Amended Eff. December. 1, 2017.

 

14b NCAC 17 .0203          FEES FOR LICENSES

(a)  Application license fees are as follows:

(1)           One hundred fifty dollars ($150.00) non-refundable initial application fee;

(2)           Three hundred seventy-five dollar ($375.00) biennial fee for a new or renewal license;

(3)           One hundred fifty dollars ($150.00) branch office license fee;

(4)           One hundred dollars ($100.00) late renewal fee to be paid in addition to the renewal fee if the license has not been renewed on or before the expiration date.

(b)  Fees shall be paid in the form of a check or money order made payable to the Alarm Systems Licensing Board.

 

History Note:        Authority G.S. 74D-7;

Temporary Rule Eff. January 9, 1984, for a period of 120 days to expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. January 1, 1986;

Temporary Amendment Eff. October 6, 1992 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. February 1, 2010; March 1, 1993;

Transferred and Recodified from 12 NCAC 11 .0203 Eff. July 1, 2015.

 

14B NCAC 17 .0204          RENEWAL OR RE-ISSUE OF LICENSE

(a)  Each applicant for a license renewal shall complete a renewal form provided by the Board.  This form shall be submitted to the administrator not less than 30 days prior to expiration of the applicant's current license and shall be accompanied by:

(1)           two head and shoulders color photographs of the applicant of acceptable quality for identification and made within 90 days of the application one inch by one inch in size;

(2)           statements of the result of a local criminal history records search by the City/County Identification Bureau or Clerk of Superior Court in each county where the applicant has resided within the immediately preceding 24 months;

(3)           the applicant's renewal fee; and

(4)           proof of liability insurance pursuant to G.S. Sec. 74D-9.

(b)  Applications for renewal shall be submitted not less than 30 days before the expiration date of the license.  In no event shall renewal be granted more than 90 days after the date of expiration of a license.  Renewals shall be dated on the next day following expiration of the prior license.

(c)  Applications for renewal submitted after the expiration date of the license shall be accompanied by the late renewal fee established by Rule .0203 of this Section and must be submitted not later than 90 days after the expiration date of the license.

(d)  The administrator shall approve or deny all applications for renewal.  Any denials shall be submitted to the Board for a final board decision.

(e)  Members of the armed forces whose licenses are in good standing and to whom G.S. 105-249.2 grants an extension of time to file a tax return are granted the same extension of time to pay the license renewal fee and to complete the continuing education requirements prescribed by Section .0500 of this Chapter.  A copy of the military order or the extension approval by the Internal Revenue Service or by the North Carolina Department of Revenue must be furnished to the Board.

 

History Note:        Authority G.S. 74D-2(a); 74D-5; 93B-15;

Eff. January 1, 1995;

Temporary Adoption Eff. May 18, 1995;

Amended Eff. February 1, 2012; July 1, 2010; May 1, 1999; October 1, 1995;

Transferred and Recodified from 12 NCAC 11 .0204 Eff. July 1, 2015.

 

14b NCAC 17 .0205          IDENTIFICATION CARDS OF LICENSEES

Upon the issuance of a license, a pocket identification card of design, size, and content approved by the Board shall be issued by the administrator. Such card will be evidence that the holder is duly licensed under G.S. Chapter 74D.  The holder shall have this card in his possession at all times when he is within the scope of his employment.

 

History Note:        Authority G.S. 74D‑7;

Temporary Rule Eff. January 9, 1984, for a period of 120 days to expire on May 7, 1984;

Eff. May 1, 1984;

Transferred and Recodified from 12 NCAC 11 .0205 Eff. July 1, 2015.

 

14b NCAC 17 .0206          RECORDS INSPECTION

(a)  Records of a licensee maintained to satisfy the requirements of G.S. Chapter 74D or this Chapter are subject to inspection by the Director or his staff upon demand between 8:00 a.m. and 5:00 p.m. Monday through Friday.

(b)  All licensees having registered employees shall submit a copy of their current quarterly Employment Security Commission NCUI 101‑625 to the Director's office at the same time the form is submitted to the Employment Security Commission; and an additional list of non‑Employment Security Commission employees currently employed by the licensee with the dates of employment.  In lieu of submitting copies of the quarterly reports, the Board may request, and the licensee shall provide within 10 days of the request, the businesses' Employment Security Commission account number along with the personal identification number (PIN) so that the Board may access the data electronically. Those licensees who do not submit an Employment Security Commission NCUI 101‑625 shall submit the names of their employees on a form provided by the Board.  The licensee of a firm, association, or corporation that license a department or division shall also submit additional documentation as required by Paragraph (c) of this Rule.

(c)  If a department or division of a firm, association, or corporation is licensed, then the licensee must submit a list of all employees who work with the department or division to the Board prior to the issuance of the license.  This list must indicate the employees that work with the department or division and are listed on the report required in Paragraph (b) of this Rule.  If the department or division hires a new employee, the licensee must report the hiring within 5 days of employment.

(d)  All records required to be kept by either Chapter 74D of the General Statutes of North Carolina or by this Chapter shall be retained for at least three years.  If the licensee is unable to produce records as required by this Rule, the licensee shall give the Board it's Employment Security Commission account number along with the personal identification number (PIN) so that the Board may access the data electronically.

 

History Note:        Authority G.S. 74D‑5;

Temporary Rule Eff. January 9, 1984, for a period of 120 days to expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. September 1, 2009; March 1, 1993; August 1, 1988; July 1, 1987; January 1, 1986;

Transferred and Recodified from 12 NCAC 11 .0206 Eff. July 1, 2015.

 

14B NCAC 17 .0207          LICENSE REQUIREMENTS

All licensees must inform the Board of their home address, business street address, home telephone number and business telephone number and inform the Board of any changes as they occur.

 

History Note:        Authority G.S. 74D‑5;

Eff. June 1, 1990;

Transferred and Recodified from 12 NCAC 11 .0207 Eff. July 1, 2015.

 

14b NCAC 17 .0208          TRAINING REQUIREMENTS FOR ALARM LICENSEES

Every Alarm licensee shall satisfactorily complete viewing of a video training session offered by the Alarm Systems Licensing Board.  This video training session will be offered quarterly and must be completed by the licensee within 90 days of licensure.

 

History Note:        Authority G.S. 74D-5(a)(2);

Eff. March 1, 1993;

Transferred and Recodified from 12 NCAC 11 .0208 Eff. July 1, 2015.

 

14b ncac 17 .0209          COMPANY BUSINESS LICENSE

(a)  Any firm, association, or corporation required to be licensed pursuant to G.S. 74D-2(a) shall submit an application for a company business license on a form provided by the Board.  A sole proprietorship that is owned and operated by an individual holding a current alarm systems business license shall be exempt from this Rule.  This application for license shall call for such information as the firm, association, or corporation name; the address of its principal office within the State; any past conviction for criminal offenses of any company director or officer; information concerning the past revocation, suspension or denial of a business or professional license to any director or officer; a list of all directors and officers of the firm, association, or corporation; a list of all persons, firms, associations, corporations or other entities owning 10 percent or more of the outstanding shares of any class of stock; and the name and address of the qualifying agent.

(b)  In addition to the items required in Paragraph (a) of this Rule, an out-of-state company shall further qualify by filing with its application for a license, a copy of its certificate of authority to transact business in this state issued by the North Carolina Secretary of State in accordance with G.S. 55-15-01 and a consent to service of process and pleadings which shall be authenticated by its company seal and accompanied by a duly certified copy of the resolution of the board of directors authorizing the proper officer or officers to execute said consent.

(c)  After filing a completed written application with the Board, the Board shall conduct a background investigation to ascertain if the qualifying agent is in a management position.  The Board shall also determine if the directors or officers have the requisite good moral character as defined in G.S. 74D-6(3).  It shall be prima facie evidence of good moral character if a director or officer has not been convicted by any local, State, federal, or military court of any crime involving the use, carrying, or possession of a firearm; conviction of any crime involving the use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, narcotic, or alcoholic beverage; conviction of a crime involving assault or an act of violence; conviction of a crime involving breaking or entering, burglary, larceny, or any offense involving moral turpitude; or does not have a history of addiction to alcohol or a narcotic drug; provided that, for purposes of this Section, "conviction" means and includes the entry of a plea of guilty or no contest or a verdict rendered in open court by a judge or jury.

(d)  Upon satisfactory completion of the background investigation, a company business license may be issued. This license shall be conspicuously displayed at the principle place of business within the State of North Carolina.

(e)  The company business license shall be issued only to the corporation and shall not be construed to extend to the licensing of its directors, officers, or employees.

(f)  The issuance of the company business license is issued to the firm, association, or corporation in addition to the license issued to the qualifying agent. Therefore, the qualifying agent for the firm, association, or corporation which has been issued the company business license shall be responsible for assuring compliance with G.S. 74D.

(g)  Within 90 days of the death of a licensee, the existing qualifying agent or a newly designated replacement qualifying agent for the company may submit a written request to the Board, asking that the deceased licensee's license number remain on company advertisements.  The Board shall permit the use of the deceased licensee's license number only if the current qualifying agent's license number is printed immediately adjacent to and in the same size print as the deceased licensee's license number.

 

History Note:        Authority G.S. 74D-2(a); 74D-5;

Eff. November 1, 1993;

Amended Eff. July 1, 2005; March 1, 1995;

Transferred and Recodified from 12 NCAC 11 .0209 Eff. July 1, 2015.

 

14b NCAC 17 .0210          ELECTRICAL CONTRACTING LICENSE REQUIREMENTS

(a)  Each firm, association, corporation, department, division, or branch office required to be licensed pursuant to G.S. 74D-2(a) must employ on a full-time basis a licensee or registered employee who holds a license for either a SP-LV, limited, intermediate or unlimited examination as administered by the North Carolina Board of Examiners of Electrical Contractors.  Pursuant to Rule .0206 of this Section, each firm, association, corporation, department, division, or branch office must maintain in its records a copy of the licensee's or registered employee's Electrical Contractors License.

(b)  In the event the licensee holding the electrical contractor's license ceases to perform his duties, the business entity shall notify the Board in writing within 10 working days.  The business entity must obtain a substitute electrical contractor licensee within 30 days after the original electrical licensee ceases to serve.

(c)  If a company provides only alarm systems monitoring services and submits a written request to the Board certifying that they provide only monitoring services and do not sell, install, service, or respond to burglar alarms, the Board shall exempt the company from compliance with this rule.  If the company later elects to sell, install, service or respond to burglar alarms, then the company shall be required to fulfill the requirements of this rule.

 

History Note:        Authority G.S. 74D-2(a); 74D-5;

Eff. January 1, 1995;

Temporary Adoption Eff. May 18, 1995;

Amended Eff. September 1, 2008; May 1, 1999; October 1, 1995;

Transferred and Recodified from 12 NCAC 11 .0210 Eff. July 1, 2015.

 

SECTION .0300 – PROVISIONS FOR REGISTRANTS

 

14B NCAC 17 .0301          APPLICATION FOR REGISTRATION

(a)  Each licensee or qualifying agent shall submit and sign an application form for the registration of his employee on a form provided by the Board. This form, when sent to the Board, shall be accompanied by:

(1)           one set of classifiable fingerprints on a standard F.B.I. applicant card;

(2)           one head and shoulders digital photograph of the applicant in JPG format of acceptable quality for identification, taken within six months prior to submission, and submitted by e-mail to PPSASL-Photos@ncdps.gov or by compact disc;

(3)           for residents of North Carolina, statements of the results of a statewide criminal history records search by the reporting service designated by the Board pursuant to G.S. 74C-8.1(a) for any state where the applicant has resided within the preceeding 60 months; and

(4)           the registration fee required by Rule .0302 of this Section.

(b)  The employer of an applicant who is currently registered with another alarm business shall complete an application form provided by the Board. This form shall be accompanied by the applicant's multiple registration fee.

(c)  The employer of each applicant for registration shall retain a copy of the applicant's application in the individual applicant's personnel file in the employer's office.

(d)  The employer of an applicant for registration shall complete and submit to the Board a certification of the background and criminal record check of each applicant signed by the licensee or qualifying agent. A copy of this certification shall be retained in the individual applicant's personnel file in the employer's office.

 

History Note:        Authority G.S. 74D-5; 74D-8;

Temporary Rule Eff. January 9, 1984 for a Period of 120 Days to Expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. December 1, 2012; January 1, 2007; July 1, 1993; March 1, 1993; September 1, 1990; November 1, 1988;

Transferred and Recodified from 12 NCAC 11 .0301 Eff. July 1, 2015;

Amended Eff. December 1, 2017.

 

14B NCAC 17 .0302          FEES FOR REGISTRATION

(a)  Registration fees are as follows:

(1)           Forty-five dollar ($45.00) non-refundable biennial registration fee;

(2)           Ten dollar ($10.00) non-refundable re-issue fee for lost cards or for registration of an employee who changes employment to another licensee;

(3)           Ten dollar ($10.00) non-refundable annual multiple registration fee;

(4)           Ten dollar ($10.00) fee for each reconsideration of a registration permit that has been previously filed with the Board but returned to the licensee or applicant for correctable errors;

(5)           Twenty dollar ($20.00) late renewal fee to be paid for an application submitted no more than 30 days from the date the registration expires and to be paid in addition to the renewal fee.

(b)  Fees shall be paid in the form of a check or money order made payable to the Alarm Systems Licensing Board.

 

History Note:        Authority G.S. 74D-7;

Temporary Rule Eff. January 9, 1984, for a period of 120 days to expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. January 1, 1986;

Temporary Amendment Eff. October 6, 1992 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. May 1, 2010; February 1, 2010; April 1, 2005; March 1, 1993;

Transferred and Recodified from 12 NCAC 11 .0302 Eff. July 1, 2015.

 

14B NCAC 17 .0303          MINIMUM STANDARDS FOR REGISTRATION

An applicant for registration must:

(1)           be at least 18 years of age;

(2)           be a citizen of the United States or a resident alien; and

(3)           be of good moral character and temperate habits.  Any of the following shall be prima facie evidence that the applicant does not have good moral character or temperate habits: conviction by any local, state, federal, or military court of any crime involving the illegal use, carrying, or possession of a firearm; conviction of any crime involving the illegal use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, narcotic, or alcoholic beverage, conviction of a crime involving felonious assault or an act of violence; conviction of a crime involving unlawful breaking and/or entering, burglary, larceny, any offense involving moral turpitude; or a history of addiction to alcohol or a narcotic drug; provided that, for purposes of (3) of this Rule, "conviction" means and includes the entry of a plea of guilty, plea of no contest, or a verdict of guilty;

(4)           not have been declared by any court of competent jurisdiction incompetent by reason of mental disease or defect; or not have voluntarily committed himself or herself to an institution for treatment of mental disease or defect; or not have been involuntarily committed to an institution for treatment of mental disease or defect by a district court judge.  When an individual has been treated and found to have been restored by a psychiatrist, the Board will consider this evidence and determine whether the applicant meets the requirements of this Paragraph.

 

History Note:        Authority G.S. 74D‑5; 74D‑8;

Temporary Rule Eff. January 9, 1984, for a Period of 120 Days to Expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. March 1, 1993; January 1, 1986;

Transferred and Recodified from 12 NCAC 11 .0303 Eff. July 1, 2015.

 

14B NCAC 17 .0304          INVESTIGATION FOR REGISTRATION

(a)  After the administrator receives a complete application for registration, the administrator may cause to be made such further investigation of the applicant as deemed necessary.

(b)  Any denial of an applicant for registration by the administrator will be subject to review by the Board.

 

History Note:        Authority G.S. 74D‑5; 74D‑8;

Temporary Rule Eff. January 9, 1984, for a Period of 120 Days to Expire on May 7, 1984;

Eff. May 1, 1984;

Transferred and Recodified from 12 NCAC 11 .0304 Eff. July 1, 2015.

 

14B NCAC 17 .0305          REGISTRATION IDENTIFICATION CARDS

(a)  The registration identification card must be carried by the registrant when performing the duties of an alarm systems employee.

(b)  The registration identification card must be exhibited upon the request of any law enforcement officer or any other authorized representative of the Board.

(c)  Registration identification card holders shall immediately notify the Board upon receipt of any information relating to the holder's eligibility to continue holding such a card.

(d)  Upon revocation or suspension by the Board, a holder shall return the registration identification card to the administrator within 10 days of the date of the revocation or suspension.

 

History Note:        Authority G.S. 74D‑8;

Temporary Rule Eff. January 9, 1984, for a Period of 120 Days to Expire on May 7, 1984;

Eff. May 1, 1984;

Transferred and Recodified from 12 NCAC 11 .0305 Eff. July 1, 2015.

 

14B NCAC 17 .0306          RENEWAL OR REREGISTRATION OF REGISTRATION

(a)  Each applicant for renewal of a registration identification card or his employer, shall complete a form provided by the Board.  This form shall be submitted not less than 30 days prior to expiration of the applicant's current card and shall be accompanied by:

(1)           two head and shoulders color photographs of the applicant of acceptable quality for identification and made within 90 days of the application one inch by one inch in size;

(2)           statements of the result of a local criminal history records search by the City/County Bureau or Clerk of Superior Court in each county where the applicant has resided within the immediately preceding 24 months; and

(3)           the applicant's renewal fee.

(b)  Each licensee shall provide each applicant for registration or re-registration an application form provided by the Board.  This form shall be submitted to the Board and accompanied by:

(1)           two head and shoulders photographs of the applicant of acceptable quality for identification and made within 90 days of the application one inch by one inch in size; and

(2)           the applicant's reregistration fee.

(c)  The employer of each applicant for a registration renewal or reregistration shall give the applicant a copy of the application which will serve as a record of application for renewal and shall retain a copy of the applicant's renewal application in the individual's personnel file in the employer's office.

(d)  Members of the armed forces whose registrations are in good standing and to whom G.S. 105-249.2 grants an extension of time to file a tax return are granted that same extension of time to pay the registration renewal fee and to complete the continuing education requirements prescribed by Section .0500 of this Chapter.  A copy of the military order or the extension approval by the Internal Revenue Service or by the North Carolina Department of Revenue must be furnished to the Board.

 

History Note:        Authority G.S. 74D-7; 74D-8; 93B-15;

Temporary Rule Eff. January 9, 1984, for a Period of 120 Days to Expire on May 7, 1984;

Eff. May 1, 1984;

Amended Eff. February 1, 2012; July 1, 2010; March 1, 1993; December 1, 1988; July 1, 1987;

Transferred and Recodified from 12 NCAC 11 .0306 Eff. July 1, 2015.

 

14B ncac 17 .0307          SUSPENSION OF AUTHORITY TO EXPEND FUNDS

In the event that Board's authority to expend funds is suspended pursuant to G.S. 93B-2(d), the Board shall continue to issue and renew licenses and all fees tendered shall be placed in an escrow account maintained by the Board for this purpose.  Once the Board's authority is restored, the funds shall be moved from the escrow account into the general operating account.

 

History Note:        Authority G.S. 93B-2(b);

Eff. December 1, 2012;

Transferred and Recodified from 12 NCAC 11 .0307 Eff. July 1, 2015.

 

SECTION .0400 ‑ RECOVERY FUND

 

14B NCAC 17 .0401          DEFINITIONS

In addition to the definitions under Article 2 of Chapter 74D of the General Statutes of North Carolina, the following definitions shall apply through this Section:

(1)           "Board" means the Alarm Systems Licensing Board.

(2)           "Fund" means the Recovery Fund of the Alarm Systems Licensing Act.

(3)           "Aggrieved Party" means a person who has suffered a direct or monetary loss because of a licensee's acts.

(4)           "Licensee" means a person who, at the time of the act complained of, was licensed by the Alarm Systems Licensing Board.

(5)           "Reimbursable Loss" means:

(a)           only those losses of money or other property which meet all of the following tests:

(i)            The obligation was incurred on or after July 1, 1983;

(ii)           The loss was caused by a licensee defaulting on an obligation owed where such obligation was entered into by the licensee to perform alarm systems services; and

(iii)          The aggrieved party has exhausted all civil remedies against the licensee or his estate and has complied with these rules.

(b)           the following shall be excluded from "reimbursable losses":

(i)            Losses of spouses, children, parents, grandparents, siblings, partners, associates and employees of the licensee causing the losses;

(ii)           Losses covered by any bond, surety agreement, or insurance contract to the extent covered thereby; and

(iii)          Losses which have been otherwise received from or paid by or on behalf of the licensee who defaulted on an obligation.

 

History Note:        Authority G.S. 74D‑30; 74D‑31;

Eff. June 1, 1990;

Transferred and Recodified from 12 NCAC 11 .0401 Eff. July 1, 2015.

 

14B NCAC 17 .0402          PETITION FOR HEARING/APPLICATION FOR RELIEF

The Board shall prepare a Form of Petition for Hearing and Application for Relief which shall require the following minimum information:

(1)           The name and address of the aggrieved party;

(2)           The name and address of the licensee who defaulted on an obligation;

(3)           The amount of the alleged loss for which application is made;

(4)           The date or period of time during which the alleged loss was incurred;

(5)           A general statement of facts relative to the application;

(6)           Verification by the aggrieved party;

(7)           All supporting documents, including, but not limited to:

(a)           Copies of all contracts, invoices, returned checks, etc.;

(b)           Copies of all court proceedings against the licensee; and

(c)           Copies of all documents showing any reimbursement or receipt of funds in payment of any portion of the loss.

 

History Note:        Authority G.S. 74D‑31;

Eff. June 1, 1990;

Transferred and Recodified from 12 NCAC 11 .0402 Eff. July 1, 2015.

 

14B NCAC 17 .0403          PROCESSING APPLICATIONS

(a)  The Board shall cause each application to be sent to the administrator for investigation and report.  A copy of the application shall be served upon or sent by registered mail to the last known address of the licensee who it is claimed defaulted on an obligation.

(b)  The Administrator shall conduct such investigation in such manner as he deems necessary and desirable in order to determine whether the application is for a reimbursable loss and in order to guide and advise the Board in determining the extent, if any, for which the application should be paid from the fund.

(c)  A report from the Administrator shall be submitted to the Chairman of the Board within a reasonable time.

(d)  The Board shall hold a hearing on every application filed by an aggrieved party.  The hearing shall be held before the Board and shall follow the guidelines set out in Chapter 150B of the General Statutes of North Carolina.

 

History Note:        Authority G.S. 74D‑31;

Eff. June 1, 1990;

Transferred and Recodified from 12 NCAC 11 .0403 Eff. July 1, 2015.

 

SECTION .0500 - CONTINUING EDUCATION FOR LICENSEES

 

14B NCAC 17 .0501          DEFINITIONS

In addition to the definitions set forth in Rule .0103 of this Section, the following definitions shall apply to this Section:

(1)           "continuing education" or "CE" refers to any educational activity approved by the Board to be a continuing education activity.

(2)           "credit hour" means sixty minutes of continuing education instruction.

(3)           "year" refers to the calendar year after the issuance of a new or renewal license.

(4)           "licensee" shall refer to an individual who holds an alarm systems business license issued by the Board.

(5)           "registrant" shall refer to an individual who holds an alarm systems business registration permit issued by the Board.  Only registrants who engage in installation, service, sales, or monitoring of alarm systems shall be required to complete the continuing education requirements.

 

History Note:        Authority G.S. 74D-2; 74D-5;

Eff. May 1, 1999;

Amended Eff. July 18, 2002;

Transferred and Recodified from 12 NCAC 11 .0501 Eff. July 1, 2015.

 

14B NCAC 17 .0502          REQUIRED CONTINUING EDUCATION HOURS

Each licensee shall complete at least six credit hours of continuing education training during each renewal period.  Each registrant shall complete at least three credit hours of continuing education training during each renewal period.  Credit shall be given only for classes that have been pre-approved by the Board.  A licensee or registrant who attends a complete meeting of a regularly scheduled meeting of the Alarm Systems Licensing Board shall receive three credit hours for each meeting that the licensee or registrant attends.  Said credit shall be applied retroactively for those that signed the attendance sheet and attended a regularly scheduled Board meeting prior to the adoption of this Rule.

 

History Note:        Authority G.S. 74D-2; 74D-5;

Eff. May 1, 1999.

Amended Eff. July 18, 2002;

Transferred and Recodified from 12 NCAC 11 .0502 Eff. July 1, 2015.

 

14B NCAC 17 .0503          ACCREDITATION STANDARDS

(a)  CE courses may obtain the sanction of the Alarm Systems Licensing Board by submitting the following information to the Board for consideration:

(1)           the nature and purpose of the course;

(2)           the course objectives or goals;

(3)           the outline of the course, including the number of training hours for each segment; and

(4)           the identity of each instructor.

(b)  To determine if a course will receive sanctioning from the Alarm Systems Licensing Board, the Board shall complete the following review:

(1)           The matter shall be referred to the Education and Training Committee for the appointment of a sub-committee that shall review the course under consideration.  The sub-committee shall consist of at least one member of the Education and Training Committee, one member of the Board's staff, and one industry licensee who has no vested interest in the course.  Other members of the sub-committee may be appointed at the discretion of the Education and Training Committee Chairman.

(2)           The sub-committee shall review the course to determine if the course is pertinent to the industry, and if the course meets its stated objectives.

(3)           When the sub-committee completes its review, it shall report to the Education and Training Committee.  The Education and Training Committee shall review the course to determine if the course is pertinent to the industry, and if the course meets its stated objective.  The Education and Training Committee shall then report the findings with a recommendation of acceptance or denial to the Alarm Systems Licensing Board.

(4)           For any online course being reviewed by the Committee, the course sponsor shall allow the Committee to review the online course and any associated test and shall include with the application instructions and an access code for computer login.

(c)  Upon receipt of the Education and Training Committee report, the Alarm Systems Licensing Board shall determine by majority vote if the course will be sanctioned for continuing education credits.  In making its determination, the Board shall review the course to determine if the course is pertinent to the industry, and if the course meets its stated objective.

(d)  Each approved course shall remain an approved course for four years from the date of approval by the Board.

 

History Note:        Authority G.S. 74D-2; 74D-5;

Eff. May 1, 1999;

Amended Eff. July 1, 2010; July 18, 2002;

Transferred and Recodified from 12 NCAC 11 .0503 Eff. July 1, 2015.

 

14B NCAC 17 .0504          NON-RESIDENT LICENSEE OR REGISTRANT CONTINUING EDUCATION

CREDITS

A non-resident licensee or registrant shall obtain the required continuing education credits as set forth in Rule .0503 of this Section.  If a non-resident licensee or registrant resides in a state that requires continuing education for an alarm systems business license, then the continuing education courses to be offered in the state of residence may be considered by the North Carolina Alarm Systems Licensing Board for sanctioning in North Carolina on an individual course basis.  In determining if the course is to be sanctioned, the Board shall review the course to determine if the course is pertinent to the industry, and if the course meets its stated objective.

 

History Note:        Authority G.S. 74D-2; 74D-5;

Eff. May 1, 1999;

Amended Eff. July 18, 2002;

Transferred and Recodified from 12 NCAC 11 .0504 Eff. July 1, 2015.

 

14B ncac 17 .0505          RECORDING AND REPORTING CONTINUING EDUCATION CREDITS

(a)  Each licensee shall be responsible for recording and reporting continuing education credits to the Board at the time of license or registration renewal, and for each course taken such report shall include a certificate of course completion that is signed by at least one course instructor, indicates the name of the licensee or registrant who completed the course, indicates the date of course completion, and indicates the number of hours taken by the licensee or registrant.  Credit shall not be given if a certificate of course completion is dated more than two years from the license or registration permit renewal date.  Each course instructor shall be required to maintain a course roster and shall verify the identity of each participant by a government issued photo identification, such as a driver's license.  Said roster shall be delivered to the Board's office within two weeks of the completion date of the course. 

(b)  All applications for renewal of a license or registration permit shall have a CE Certificate(s) attached verifying completion of the required number of credit hours.  If an applicant is filing an application designated as "new" and the applicant has been licensed or registered for any period of time within the previous two years, the applicant shall attach a CE Certificate(s) verifying completion of the required number of credit hours.  An applicant shall not be required to submit a CE Certificate if the applicant is filing an application designated as a "transfer" or "duplicate" and if the applicant has a current registration card issued by the Board. 

 

History Note:        Authority G.S. 74D-2; 74D-5;

Eff. May 1, 1999;

Amended Eff. March 1, 2006; March 1, 2004; July 18, 2002;

Transferred and Recodified from 12 NCAC 11 .0505 Eff. July 1, 2015.

 

14B NCAC 17 .0506          NON-COMPLIANCE

If a licensee or registrant fails to comply with this Section of the rules, his license or registration permit shall not be renewed.

 

History Note:        Authority G.S. 74D-2; 74D-5;

Eff. May 1, 1999;

Amended Eff. July 18, 2002;

Transferred and Recodified from 12 NCAC 11 .0506 Eff. July 1, 2015.