CHAPTER 62 – STATE BOARD OF ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS

 

SECTION .0100 ‑ RULES OF ORGANIZATION

 

21 NCAC 62 .0101             PURPOSE

 

History Note:        Authority G.S. 90A‑1; 90A‑2;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. February 1, 1983;

Repealed Eff. April 1, 1989.

 

21 NCAC 62 .0102             MEETINGS

In addition to a required annual meeting in the City of Raleigh, additional meetings of the Board may be called by the Chairman at any time and place he may designate.

 

History Note:        Authority G.S. 90A‑57;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. April 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

 

21 NCAC 62 .0103             CHAIR AND VICE‑CHAIR

The Chair of the Board shall carry out the following duties and responsibilities:

(1)           call all meetings;

(2)           be authorized to act as the sole official representative for the Board to communications media and may direct the secretary‑treasurer or another member to impart specific information concerning official actions or policies of the Board.

 

History Note:        Authority G.S. 90A‑57;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. November 1, 1994; April 1, 1989; February 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

 

21 NCAC 62 .0104             SECRETARY‑TREASURER

 

History Note:        Authority G.S. 90A‑57;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. November 1, 1994; April 1, 1989; February 1, 1983;

Repealed Eff. July 1, 2010.

 

SECTION .0200 ‑ RULEMAKING PROCEDURES

 

21 NCAC 62 .0201             petition for rulemaking

(a)  Any person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Board shall submit the petition in writing to: Chair, State Board of Environmental Health Specialist Examiners, c/o Division of Environmental Health, 1630 Mail Service Center, Raleigh, North Carolina  27699-1630.

(b)  The petition shall be filed in accordance with G.S. 150B-20 and shall also contain the following:

(1)           reason for proposal;

(2)           any data supporting the proposal;

(3)           effect of the proposed rule on existing practices in the area involved, including cost factors;

(4)           names and addresses of those individual and groups most likely to be affected by the proposed rule change; and

(5)           name and address of each petitioner.

(c)  The Board shall determine, based on the information contained in the petition, or any other information obtained regarding the petition whether the public interest will be served by granting the petition.  All contents of the submitted petition, and any additional information deemed relevant, shall be considered.

 

History Note:        Authority G.S. 90A‑57; 150B-20;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. July 1, 2010; November 1, 1994; April 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

 

21 NCAC 62 .0202             NOTICE

21 NCAC 62 .0203             HEARINGS

21 NCAC 62 .0204             JUSTIFICATION OF RULEMAKING DECISION

21 NCAC 62 .0205             RECORD OF RULEMAKING PROCEEDINGS

21 NCAC 62 .0206             FEES

 

History Note:        Authority G.S. 12-3.1; 90A‑57;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. November 1, 1994; April 1, 1989;

Repealed Eff. July 1, 2010.

 

21 NCAC 62 .0207             EMERGENCY RULES

 

History Note:        Authority G.S. 90A‑4; 150A‑13;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Repealed Eff. April 1, 1989.

 

21 NCAC 62 .0208             DECLARATORY RULINGS

 

History Note:        Authority G.S. 90A‑57; 150B-4;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. November 1, 1994; April 1, 1989;

Repealed Eff. July 1, 2010.

 

SECTION .0300 ‑ CONTESTED CASES

 

21 NCAC 62 .0301             OPPORTUNITY FOR AN ADMINISTRATIVE HEARING

21 NCAC 62 .0302             REQUEST FOR A HEARING

 

History Note:        Authority G.S. 90A‑57;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. November 1, 1994; April 1, 1989;

Repealed Eff. July 1, 2010.

 

21 NCAC 62 .0303             GRANTING A HEARING REQUEST

21 NCAC 62 .0304             WAIVER

 

History Note:        Authority G.S. 90A‑4; 150A‑31; 150A‑12; 150A‑2; 150A‑23;

Eff. February 1, 1976;

Repealed Eff. December 22, 1978.

 

21 NCAC 62 .0305             NOTICE

21 NCAC 62 .0306             INTERVENTION

21 NCAC 62 .0307             CHANGE OF VENUE

21 NCAC 62 .0308             DISQUALIFICATION OF BOARD MEMBERS

21 NCAC 62 .0309             FAILURE TO APPEAR

21 NCAC 62 .0310             CONTINUANCES

 

History Note:        Authority G.S. 90A-4; 90A‑57; 150B-38; 150B-40(a);

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. November 1, 1994; April 1, 1989;

Repealed Eff. July 1, 2010.

 

21 NCAC 62 .0311             WRITTEN ANSWERS TO NOTICE

21 NCAC 62 .0312             AVAILABILITY OF BOARD RECORDS

21 NCAC 62 .0313             DEPOSITIONS AND DISCOVERY

 

History Note:        Authority G.S. 90A‑4; 150A‑25; 150B‑28;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Repealed Eff. April 1, 1989.

 

21 NCAC 62 .0314             PRE‑HEARING CONFERENCE

21 NCAC 62 .0315             SIMPLIFICATION OF ISSUES

21 NCAC 62 .0316             SUBPOENAS

21 NCAC 62 .0317             TRANSCRIPTS

 

History Note:        Authority G.S. 90A‑57;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. November 1, 1994; January 1, 1990; April 1, 1989;

Repealed Eff. July 1, 2010.

 

21 NCAC 62 .0318             PROPOSAL FOR DECISION

 

History Note:        Authority G.S. 150A‑34; 90A‑4;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Repealed Eff. April 1, 1989.

 

21 NCAC 62 .0319             RECORD OF CONTESTED CASES

 

History Note:        Authority G.S. 90A‑57;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. November 1, 1994; January 1, 1990; April 1, 1989;

Repealed Eff. July 1, 2010.

 

SECTION .0400 ‑ RULES OF OPERATION

 

21 NCAC 62 .0401             STATUTORY AUTHORITY AND DEFINITIONS

The definitions in G.S. 90A‑51 apply to rules in this Chapter.

 

History Note:        Authority G.S. 90A‑51; 90A‑57;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. July 1, 2010; April 1, 1989; February 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

 

21 NCAC 62 .0402             APPLICATIONS

(a)  Applications for registration as an environmental health specialist or environmental health specialist intern shall be filed with the Board on a form provided by the Board and available on the Board website at: www.rsboard.com or from the Division of Environmental Health, 1630 Mail Service Center, Raleigh, NC 27699-1630.

(b)  The application form shall be signed by the applicant and shall contain biographical data on the applicant including education, experience, duties, and prior registration necessary to determine the applicant's qualifications for registration.  The application shall also be accompanied by the following:

(1)           a certified transcript sent directly to the Board from the educational institution from which the applicant has received a degree;

(2)           certified transcripts from all other educational institutions from which the applicant has earned science credits used to comply with G.S. 90A‑53;

(3)           the job description signed by the applicant's supervisor;

(4)           statement from the applicant’s employer verifying dates of employment, and

(5)           a signed Code of Ethics.

 

History Note:        Authority G.S. 90A-53; 90A‑57; 90A-59; 90A-62;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. July 1, 2010; November 1, 1994; April 1, 1989; February 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

 

21 NCAC 62 .0403             EXAMINATION

(a)  The Board shall schedule an examination at least two times annually.  An applicant for a certificate as a registered environmental health specialist shall pass the examination which consists of the following:

(1)           an objective written examination, designed to test the applicant's competence in the subject of environmental health;

(2)           an oral examination prepared, administered and evaluated by the Board; and

(3)           a written question prepared, administered and evaluated by the Board.

(b)  Applicants taking or retaking the examination shall submit a written application to the Board.  The request shall indicate which portions of the exam the applicant intends to take.  The exam application shall be postmarked no later than 30 days prior to the advertised date of the examination.

(c)  Every applicant shall pass the examination with a grade of at least 70 percent, with the objective written examination to count 50 percent of the total score, the oral examination to count 25 percent of the total score, and the written question to count 25 percent of the total score.  An applicant shall score a minimum of 60 percent on each individual portion of the examination.  All scores of any portion of the exam shall be retained by the Board and the highest score for each portion shall be applied in meeting the requirements of this Section.

(d)  Applicants shall not cheat or attempt to cheat on the examination by any means, including giving or receiving assistance, and shall not communicate in any manner with any person during the examination, other than the person(s) administering the examination.  Violation of this Paragraph is cause for dismissal from the examination, invalidation of the examination score, and revocation or denial of registration.

 

History Note:        Authority G.S. 90A-53; 90A‑57; 90A-59; 90A-64;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. July 1, 2010; November 1, 1994; January 1, 1990; April 1, 1989; February 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

 

21 NCAC 62 .0404             INVESTIGATION OF COMPLAINTS disCiplinary action

A complaint filed with the Board shall be handled as follows:

(1)           A complaint made to the Board shall be in writing.

(2)           The Chair shall appoint two board members to investigate a complaint which may lead to disciplinary action regarding a registered environmental health specialist or registered environmental health specialist intern.  An investigation may also be performed by a person hired by the Board to conduct the investigation.

(3)           Disciplinary action taken by the Board may include:

(a)           Suspension

(b)           Revocation

(4)           A hearing conducted by the Board shall meet the provisions in Article 3A, G.S. 150B.

 

History Note:        Authority G.S. 90A-57; 90A-64;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. August 1, 2010; April 1, 1989; February 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

 

21 NCAC 62 .0405             AUTHORIZED EXPENDITURES AND FEES

(a)  The following fees apply:

(1)           application for registration of environmental health specialist--$50.00;

(2)           examination--actual cost of the environmental health specialist exam purchased by the Board.  The cost of the examination on July 1, 2010 is one hundred fifteen dollars ($115.00) or one hundred twenty-five dollars ($125.00) depending on the number of applicants for the examination;

(3)           an administration fee of fifty dollars ($50.00) for each examination application received:

(4)           issuance of a certificate as provided in G.S. 90A-62--$50.00; and

(5)           annual renewal postmarked prior to January 1 of the year--$50.00; postmarked January 1 or later--$75.00.

(b)  Applications for registration, renewal, and examinations shall be accompanied by the payment of the appropriate fees.

(c)  An additional fee of twenty dollars ($20.00) plus the actual cost charged by the bank shall be charged for all returned checks.

(d)  Fees for copies shall be in accordance with G.S. 12-3.1 and G.S. 132-6.2(b).

 

History Note:        Authority G.S. 12-3.1; 25-3-506; 90A‑53; 90A‑62; 90A-63; 132-6.2(b);

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. July 1, 2010; November 1, 1994; January 1, 1990; April 1, 1989; February 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

 

21 NCAC 62 .0406             OUT‑OF‑STATE APPLICANTS

An out‑of‑state applicant shall include an official statement by the Board of registration in the applicant's state testifying to the applicant's registration status.

 

History Note:        Authority G.S. 90A‑57; 90A‑62;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. April 1, 1989; February 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

 

21 NCAC 62 .0407             RENEWAL

(a)  Applications for renewal shall be filed with the Board on a form provided by the Board and available from the Board website at: www.rsboard.com or from the Division of Environmental Health, 1630 Mail Service Center, Raleigh, NC  27699-1630.  The renewal form may also be generated by the Registered Sanitarian Training and Authorization (RSTAS) computer system at:  http://apps.bluelizard.com/RSTAS/.

(b)  The renewal application shall be completed and signed by the applicant.

(c)  Renewal fees shall be paid in accordance with Rule .0405(a)(5) of this Section.  The renewal application shall be posted on the Board's website at www.rsboard.com by October 1 of each year.  The individual shall download and submit the application for renewal to the Board. Individuals may also contact the Board at the Division of Environmental Health, 1630 Mail Service Center, Raleigh, NC 27699-1630 for a copy.

(d)  Registered environmental health specialists or registered environmental health specialists interns who fail to renew by December 31 shall be notified by the Board that their registration has expired and that they may not practice as a registered environmental health specialist or a registered environmental health specialists intern until they have met the requirements for renewal.

(e)  An environmental health law course based on North Carolina laws and rules with at least 15 contact hours approved by the Board shall be completed within the first four years of the date of most recent registration by the Board.

(f)  Registered environmental health specialists or registered environmental health specialists interns shall complete a minimum of 15 instructional clock hours of continuing education acceptable to the Board each year.  Continuing education acceptable to the Board includes:

(1)           the specialized training course required in Rule .0411 of this Section;

(2)           District Environmental Health Section Educational meetings;

(3)           professional association courses and educational meetings;

(4)           seminars or courses offered by the North Carolina State of Practice Committee;

(5)           completion of a job related course offered by a college or university accredited by the Council of Higher Education Accreditation with the hours credited for the year that the course is completed;

(6)           successful completion of a job related course offered by the Centers for Disease Control and Prevention, the Food and Drug Administration, or the Environmental Protection Agency;

(7)           other practice-related training which:

(A)          is technical in nature, related to the environment, environmental health or improving the practice of environmental health;

(B)          is relevant to the actual job being performed by the participants or applicant;

(C)          includes a method for determining the number of hours spent;

(D)          includes a method of documentation for verification of completion;

(E)           is available to all registered environmental health specialists and environmental health specialist interns; and 

(F)           has been granted approval by the Board based on the above standards; and

(g)  Registrations that have expired may be renewed within 12 months after expiration upon submittal of application and payment of the renewal fee.  The applicant shall provide verification to the Board that continuing education clock hours were obtained during the year since the expiration to comply with the requirements of this Section.  Registrations that have expired for more than 12 months may not be renewed.

(h)  Interns that are no longer employed in the field of environmental health in North Carolina may not renew.

(i)  A registered environmental health specialist or a registered environmental health specialist intern in good standing whose active military service has impaired their ability to obtain the continuing education requirements in Paragraph (f) of this Rule are exempt from the continuing education requirement if written orders from their military unit are provided to the Board. In addition, the renewal fee is waived for each calendar year the environmental health specialist is on active duty. 

(j)  A registered environmental health specialist or registered environmental health specialist intern who is disabled may request a variance in continuing education hours during the period of the disability. The Board may grant or deny requests for variance in continuing education hours based on a disabling condition on a case by case basis, taking into consideration the particular disabling condition involved and its effect on the registered environmental health specialist or registered environmental health specialist's ability to complete the required hours.  In considering the request, the Board may require additional documentation substantiating any specified disability.

(k)  A maximum of five clock hours of approved continuing education, that is in excess of the required 15 clock hours, may be applied toward the continuing education requirements for the following year.

 

History Note:        Authority G.S. 90A‑57; 90A-63; 90A-67; 93B-15;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. July 1, 2010; November 1, 1994; May 1, 1990; April 1, 1989; February 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

 

21 NCAC 62 .0408             PUBLIC INSPECTION

 

History Note:        Authority G.S. 90A‑57;

Eff. February 1, 1976;

Readopted Eff. December 22, 1978;

Amended Eff. November 1, 1994; April 1, 1989;

Repealed Eff. July 1, 2010.

 

21 NCAC 62 .0409             CHARACTER

21 NCAC 62 .0410             EDUCATION

 

History Note:        Authority G.S. 90A‑53; 90A‑57;

Eff. February 1, 1983;

Repealed Eff. April 1, 1989.

 

21 NCAC 62 .0411             SPECIALIZED TRAINING

Every applicant for registration as a registered environmental health specialist intern shall complete the course entitled "Orientation and Initial Internship Training for Environmental Health Interns" offered by the Division of Environmental Health at the centralized training site within 12 months of registration as a registered environmental health specialist intern.

 

History Note:        Authority G.S. 90A-50; 90A-51; 90A-53; 90A‑57;

Eff. February 1, 1983;

Amended Eff. July 1, 2010; November 1, 1994; May 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

 

21 NCAC 62 .0412             EXPERIENCE

 

History Note:        Authority G.S. 90A‑53; 90A‑57;

Eff. February 1, 1983;

Repealed Eff. November 1, 1994.

 

21 NCAC 62 .0413             SANITARIAN INTERN

 

History Note:        Authority G.S. 90A‑54; 90A‑63;

Eff. February 1, 1983;

Repealed Eff. April 1, 1989.

 

21 NCAC 62 .0414             ENVIRONMENTAL HEALTH SPECIALIST intern EXPERIENCE

Every applicant for registration as an environmental health specialist intern shall be under the direction of a registered environmental health specialist in order to obtain acceptable environmental health field experience required to be a registered environmental health specialist.

 

History Note:        Authority G.S. 90A-50; 90A-51; 90A-52; 90A-53; 90A‑63;

Eff. November 1, 1994;

Amended Eff. July 1, 2010;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.

 

21 NCAC 62 .0415             CODE OF ETHICS

The Board hereby incorporates by reference the code of ethics adopted by the Environmental Health Section of the North Carolina Public Health Association on September 30, 2009 as the professional code to be followed by registered environmental health specialists and environmental health specialist interns.  This incorporation does include subsequent amendments and editions.  Copies may be obtained from the Board at no charge.  The canons in the code of ethics are part of the registration application. 

 

History Note:        Authority G.S. 90A-53; 90A-67;

Eff. July 1, 2010;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.