SECTION .0100 - GENERAL PROVISIONS
.0101. PRINCIPAL OFFICE: MAILING ADDRESS: OFFICE HOURS
.0102. REFERENCE TO STATE BUILDING AND ELEVATOR CODES
.0104. AUTHORIZED LEGAL ACTION BY STAFF
.0105. BOARD RECORDS
.0106. JOINT RESOLUTION AND AGREEMENTS.
.0107. PROCESSING FEE FOR SUBMITTAL OF BAD CHECK..
.0108. PETITION FOR RULE-MAKING PROCEDURES.
.0109. DECLARATORY RULING PROCEDURES.
The State Board of Examiners of Electrical Contractors has designated 3101 Industrial Drive, Suite 206, Raleigh, North Carolina 27609, as its principal office. Its mailing address is P. O. Box 18727, Raleigh, North Carolina 27619. Its regular office business hours are 8:30 a.m. to 5:00 p.m., Monday through Friday.
(a) Pursuant to G.S. 150B-14(c), the North Carolina State Building Code, Volume IV Electrical, and the National Electrical Code, NFPA 70, are incorporated by reference. Whenever a reference is made in this Subchapter to one of these codes, it shall mean the current edition and any amendments thereto. The term "National Electrical Code" when used in these rules includes both codes incorporated in this Paragraph.
(b) Pursuant to G.S. 150B-21-6, the North Carolina codes and standards for elevators, dumbwaiters, escalators, moving walks and personnel hoists, administered by the North Carolina Department of Labor and codified as 13 NCAC 15 .0200, are incorporated by reference. Whenever a reference is made in this Subchapter to these codes and standards, it means the current edition and amendments thereto.
Annual Reports. The Board shall make timely filing of all reports required by G.S. 93B-2. In case of the untimely filing of a report, then pursuant to G.S.93B-2(d), the Board shall hold in escrow any fees tendered between the filing deadline and the filing date. Issuance of licenses, renewals and application processing shall continue during any interval created by the untimely filing of a report required by G.S. 93B-2.
Statutory Authority G.S. 87-39; 87-40;87-42; 93B-2;
Eff. October 1, 1988;
Amended Eff. July 1, 2011; February 1, 1996; February 1, 1990.
(a) The following members of the Board's staff are authorized to act on behalf of the Board in criminal and civil actions brought under the provisions of G.S. 87-48:
(1) the Board's executive director; and
(2) the Board's field representatives/investigators.
(b) These staff members set out in Paragraph (a) of this Rule are authorized to sign affidavits as to the content of Board records, execute or verify civil complaints in the name of the Board, sign criminal warrants with respect to violations of G.S. 87-48, testify in court or in other proceedings and to perform all other acts as may be required in criminal and civil actions related to G.S. 87-48.
The records of the Board shall be maintained at the Board office and shall be available for public inspection, in accordance with G.S. 132, during regular office business hours.
(a) Any person, firm or corporation submitting to the Board a check which is subsequently returned to the Board because of insufficient funds in or no account at a bank shall be charged the maximum processing fee allowed by G.S. 25-3-506 for processing such check.
(b) Until such time as the payor of such bad check has made the check good and paid the prescribed processing fee, the payor shall not be eligible to take an examination, review an examination, obtain a license or have a license renewed.
(c) Any license which has been issued based on the payment of a check which is subsequently returned to the Board for reasons stated herein shall be declared invalid until such time as the payor has made the check good and paid the prescribed processing fee.
(d) Payment to the Board for making good such bad check and for the prescribed processing fee may be made in the form of cash, cashier's check or money order.
(e) All examination, examination review, license and license renewal applications provided by the Board shall contain information in a conspicuous place thereon clearly advising the applicant of the foregoing bad check processing fee.
Statutory Authority G.S. 25-3-506; 87-42;
Eff. October 1, 1988; Amended Eff. May 1, 1998.
(a) Any person wishing to request the Board to adopt, amend, or repeal a rule shall file a petition with the Board pursuant to G.S. 150B-20, by mail or personal delivery. The petition shall be signed by the petitioner and shall include the petitioner's address.
(b) There is no form required for the petition.
(c) The Board shall grant the petition if it finds the requested rule change would comply with the requirements of law and, it so, it would likely serve the public interest. The Board may request additional information from the petitioner and may contact interested persons or persons likely to be affected by the proposal and request their comments in order to obtain information upon which to base the determination of public interest. Before granting or denying the petition, the Board shall consider the contents of the petition and any other information filed with or obtained by the Board.
Statutory Authority G.S. 87-42; 150B-11; 150B-16;
Eff. October 1, 1988. Amended Eff. March 1, 1999.
(a) All requests for declaratory rulings shall be written and mailed to the Board at the Board's address.
(b) Each request for a declaratory ruling must include the following information:
(1) the name and address of the person requesting the ruling;
(2) the statute or rule to which the request relates;
(3) a concise statement of the manner in which the requesting person is aggrieved by the rule or statute or its potential application to him; and
(4) a statement whether an oral hearing is desired and, if so, the reason therefor.
(c) Upon receipt of a request for a declaratory ruling, the Board shall determine whether a ruling is appropriate under the facts stated.
(d) The Board shall proceed to issue a declaratory ruling when the person requesting the ruling shows that, with regard to the facts presented:
(1) the rule or statute in question is unclear on its face;
(2) circumstances are so changed since the adoption of a rule that a declaratory ruling is warranted;
(3) the factors specified in the request were not given appropriate consideration by the Board at the time the rule was adopted;
(4) the rule or statute is unclear in its application to the requesting person's facts; or
(5) a fair question exists regarding the validity of the rule because of:
(A) an absence of statutory authority for the Board's adoption of the rule; or
(B) irregularities in the Board's rule-making proceedings.
(e) When the Board determines for good cause that the issuance of a declaratory ruling is undesirable, the Board shall notify, in writing, the person requesting the ruling, stating the reasons for the denial of the request. The Board will ordinarily decline to issue a declaratory ruling when:
(1) there has been a similar controlling factual determination made by the Board;
(2) the rule-making record shows that the factual issues raised by the request were specifically considered prior to adoption of the rule; or
(3) the subject matter of the request is involved in pending litigation in any state or federal court in North Carolina.
(f) Prior to issuing a declaratory ruling, the Board may give notice of the declaratory proceedings to any persons it deems appropriate and may direct that fact-finding proceedings appropriate to the circumstances of the particular request be conducted by the Board. The proceedings may consist of written submissions, an oral hearing, or other appropriate procedures.
(g) If the Board finds evidence that the factors listed in Subdivisions (d)(1), (2), or (3) of this Rule exist or potentially exist beyond the specific facts presented in a particular petition for declaratory ruling, the Board shall consider rule-making proceedings on the rule.
(h) A record of each declaratory ruling and the procedures conducted therefor will be maintained by the Board at least until:
(1) the statute or rule interpreted by the declaratory ruling is amended, altered, or repealed;
(2) the Board prospectively changes the declaratory ruling for good reason;
(3) any court sets aside the ruling in litigation between the Board and the party requesting the ruling; or
(4) any court of the Appellate Division of the General Court of Justice construes the statute or rule which is the subject of the declaratory ruling in a manner plainly irreconcilable with the declaratory ruling.
(i) The record will contain:
(1) the request for a declaratory ruling;
(2) all written submissions filed in the request, whether filed by the person requesting the ruling or by any other person;
(3) a record or summary of oral presentations, if any; and
(4) a copy of the declaratory ruling.
Statutory Authority G.S. 87-42; 150B-4;
Eff. October 1, 1988