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Repealed Eff.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

The 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 Registration                                                                                                 $ 75.00

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 described in 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. 55B-10; 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;

Amended Eff. November 1, 2017.

 

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)  An architect shall seal his or her work whether or not the work is for an exempt project as defined in G.S. 83A-13. An architect shall not sign nor seal drawings, specifications, reports, or other professional work that were not prepared by the architect or under his or her responsible control. Documents shall be sealed as follows:

(1)           An architect may 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 shall be as follows:

(A)          The seal may be a rubber stamp, embossed seal, computer-generated seal, or other facsimile that becomes a permanent addition to original drawings or sets of specifications for use in this State. 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 copies can be made.

(B)          The standard design of the seal shall be two concentric circles in which "North Carolina" and the name of the licensee are placed within the outermost circle and in which the license number of the licensee and "Registered Architect" placed within the innermost circle. The size shall be 1 ½ to 1 ¾ inches in diameter.

(C)          The original, handwritten 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.

(3)           Firm Seal Design shall be as follows:

(A)          The seal may be a rubber stamp, embossed seal, computer-generated seal, or other facsimile that becomes a permanent addition to drawings or sets of specifications. The design of the seal shall be two concentric circles in which the Architectural Firm's approved name and "North Carolina" shall be between the inner and outer circles and the firm's license registration number is placed within the innermost circle. The size shall be 1 ½ to 1 ¾ inches in diameter.

(B)          For a Professional Corporation the words "Registered Architectural Corporation, North Carolina" shall be along the inside perimeter of the inner circle. For a Professional Limited Liability Company, the words "Registered Architectural Company" shall be along the inside perimeter of the inner circle.

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)           The use of pre-printed documents bearing a pre-printed facsimile of the signed and dated seal is prohibited.

(5)           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. For the purposes of this Rule, "technical submissions" refer to plans, drawings, specifications, studies, addenda, and other technical reports prepared in the course of practicing architecture.

(6)           Presentation documents, such as renderings used to communicate conceptual information, 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 marked to indicate the documents are for interim review and not intended for bidding, procurement, permit, or construction purposes.

(8)           Those sheets or pages prepared by licensed professional consultants, such as 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. 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)         The use of the prescribed seal is an individual act whereby the architect must personally sign over the imprint of the seal. By sealing documents for use in this State, an architect is representing that he or she is in responsible control over the content of such documents and has applied the required professional standard of care. 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)  Prototypical Building 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 "Prototypical Design Documents/Not for Construction" appear 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, local conditions, site condition; and

(5)           the succeeding North Carolina architect affixes his or her seal to the prototypical design documents with a statement as follows: "These documents have been 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 or her seal and signature to contract documents developed by others not under the architect's responsible control. "Responsible control" means that amount of control over and professional knowledge of the content of technical submissions during their preparation as is 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 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)  The procedure for digitally signing and electronically sealing electronically transmitted plans, specifications, reports, or other documents prepared for use in this State in the course of practicing architecture is as follows:

(1)           Information stored in electronic files representing plans or specifications that must be sealed under the provisions of G.S. 83A-10 shall be signed, dated, and sealed by the architect in responsible control.

(A)          A scanned image of an original signature shall not be used in lieu of a digital or electronic signature.

(B)          The date that the electronic signature file was created or the digital signature was placed in to the document must appear on the document in the same manner as date is required to be applied when a licensee uses the manual sealing procedure set out in Subparagraph (a)(5) of this Rule.

(2)           An architect utilizing a digital signature to seal electronic documents for use in this State shall ensure that the digital signature is:

(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.

(3)           Each electronically signed file shall have an authentication code defined as a "message digest," as set forth in the Federal Information Processing Standards (FIPS)180-4, "Secure Hash Standard," amended August 2015. The standard is incorporated by reference, including subsequent amendments and editions, and may be accessed at no cost at http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.180-4.pdf.

(4)           The architect is responsible for the security of the digital seal.

 

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;

Amended Eff. November 1, 2017.

 

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 the grounds stated in G.S. 83A-14 and G.S. 83A-15(3), the following acts or omissions 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. Discipline by a foreign architectural registration board that an architect has violated a law or rule governing the practice of architecture shall be deemed 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 injure the reputation, prospects, practice, or employment position of others in the design and construction of the physical environment.

(6)           Evasion.

(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, G.S. 153A-357, G.S. 160A-412, 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 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 or 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 represent to a prospective or existing client or employer his or her qualifications and the scope of his or her responsibility in connection with work for which he or she is claiming credit. Misrepresentation shall be found if the following is not complied with:

(a)           Each architect shall state his or her prior professional experience and the firm the architect is representing while presenting qualifications to all prospective clients. 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 or her participation in the project.

(c)           An architect who presents a project that has received awards or public recognition shall comply with the requirements in this Item with regard to project presentation to the public and prospective clients.

(d)           Projects that remain unconstructed and are listed as credits in presentation items shall be listed as "unbuilt" or a similar designation, as determined by the architect.

(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 to all inquiries from the Board or its representative.

(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.

(12)         It is unprofessional conduct for an individual to knowingly continue offering and rendering architectural services as set forth in G.S. 83A after his or her license expires, is placed on delinquent status, or revoked for failure to renew.

 

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;

Amended Eff. November 1, 2017.

 

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 via electronic mail. It shall be the professional responsibility of the licensee to renew the license on or before the 30th day of July each year. Continued practice after such date shall constitute unlawful practice as set forth in G.S. 83A-12 and may be grounds for disciplinary action. 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 payment 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 this Chapter, the Executive Director shall approve renewal of the license for the current license year. Renewal fees are non-refundable.

(b)  Late Renewal. 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 placed on delinquent status. For the purpose of this Rule, "delinquent status" means an administrative revocation and is not considered discipline. 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 penalty and demonstration of compliance with Section .0900 of this Chapter.

(c)  Reinstatement. After one year from the date of expiration, the Board shall revoke the license for failure to renew. Reinstatement shall occur pursuant to G.S. 83A-11 and Sections .0300 and .0900 of this Chapter.

(d)  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; 93B-15(b);

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;

Amended Eff. November 1, 2017.

 

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

 

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;

Repealed Eff. November 1, 2017.

 

21 NCAC 02 .0302             EXAMINATION

(a)  The Board became a Direct Registration State with the National Council of Architecture Registration Boards (NCARB) on July 25, 2016. Those individuals who wish to take the Architectural Registration Exam (ARE) must contact NCARB directly to obtain exam eligibility to take the ARE. Upon completion of all requirements set forth in the NCARB Architecture Experience Program (AXP), a candidate seeking license registration by exam in North Carolina must direct NCARB to transmit a completed AXP record to the North Carolina Board of Architecture.

(b)  Upon passing all sections of the ARE NCARB, fulfillment of all NCARB AXP requirements, and completion of the National Architectural Accrediting Board (NAAB) accredited degree, NCARB, as directed by the candidate, will transmit a completed AXP file to the Board for review. Upon notification of receipt of a completed AXP file from the Board, an individual may submit the application for Candidate Record Review to determine compliance with G.S. 83A-7(a)(1)a. G.S. 83A-7(a)(1)a. shall be deemed satisfied through completion of the requirements set forth in Subparagraphs (1) through (5) of this Paragraph. The Board shall grant licensure by exam to those individuals who:

(1)           are of good moral character as defined in G.S. 83A-1(5);

(2)           are at least 18 years of age;

(3)           have completed a NAAB accredited professional degree in architecture or who have completed a NAAB accredited degree program that is identified as an NCARB endorsed Integrated Path To Architectural Licensure Degree Program;

(4)           have completed the NCARB AXP; and

(5)           submits the Application for Licensure by Exam and fee.

(c)  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.

(2)           Scores received on any part of the ARE prior to July 1, 2006 are invalid.

(d)  Practical training pursuant to G.S. 83A-7(a)(2) means practical experience and diversified training as defined by the Architectural Experience Program through the NCARB.

(e)  During the application process, Board members, in order to augment the evidence submitted in an application may interview the applicant regarding qualifications required in Paragraph (b) of this Rule. The Board shall determine whether an interview is needed on a case-by-case basis, based upon information in the application, including any academic or professional discipline.

(f)  To complete the ARE, an exam candidate shall receive a passing grade in each division of the ARE. Information regarding NCARB grading methods and procedures can be found on their web site at www.ncarb.org.

(g)  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 AXP record or has completed the NCARB AXP may use the title "Architectural Intern" or "Intern Architect" in conjunction with his or her current employment.

(h)  The fees for examination, or parts thereof, are set and collected by the NCARB. Fee information is available on the NCARB web site www.ncarb.org.

(i)  The standards of the National Council of Architecture Registration Boards and its components are hereby incorporated by reference including subsequent amendments and editions, and can be accessed at no charge at www.ncarb.org.

 

History Note:        Authority G.S. 83A-1; 83A-6; 83A-7; 83A-12;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. March 1, 2016; July 1, 2014; November 1, 2010; July 1, 2006; July 1, 2000; July 1, 1996; June 1, 1995; December 1, 1992; July 1, 1991;

Amended Eff. November 1, 2017.

 

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 sufficient particularity, and shall include the full name and home or business address of all persons to be subpoenaed and, if known, the date, time, and location in which the witness is commanded to appear.  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;

(2)           the name and address of the person subpoenaed;

(3)           the date, hour, and location of the hearing in which the witness is commanded to appear;

(4)           a particularized description of the books, papers, records or objects the witness is directed to bring with him to the hearing, if any;

(5)           the identity of the party on whose application the subpoena was issued;

(6)           the date of issue;

(7)           the signature of one of the members of the Board or the Board's Secretary; and

(8)           a "return of service."  The "return of service" form, as filled out pursuant to Paragraph (c) of this rule shall include:

(A)          the name and capacity of the person serving the subpoena,

(B)          the date on which service was made,

(C)          the person on whom service was made,

(D)          the manner in which service was made, and

(E)           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 " the "return of service" form, as required in Subparagraph (b)(8) of this Rule 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-38; 150B-39;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. November 1, 2010; May 1, 1989;

Readopted Eff. October 1, 2015.

 

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.