North Carolina Administrative Code Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS
Overview of NCAC Title 21 — Occupational Licensing Boards and Commissions
Purpose
NCAC Title 21 is a collection of administrative rules governing the various occupational licensing boards and commissions in North Carolina. These boards regulate professions and trades requiring licensure to protect public health, safety, and welfare by ensuring practitioners meet minimum competency, ethical, and professional standards.
Each board or commission under Title 21 has authority to license, discipline, and set standards for its respective profession—ranging from cosmetologists and electricians to architects and medical professionals.
Legal Authority
The administrative rules in Title 21 are promulgated under the authority of the North Carolina General Statutes (NCGS), which establish licensing boards and delegate regulatory authority.
Key statutes provide the foundation for licensing, discipline, hearings, and enforcement powers of the boards.
The North Carolina Administrative Procedure Act (APA) governs the rulemaking and adjudicatory procedures for these boards.
Structure and Content of NCAC Title 21
NCAC Title 21 is divided into multiple chapters, each dedicated to a specific licensing board or commission. Common elements across these chapters include:
Licensing Requirements (education, experience, exams)
Application Procedures
Renewal and Continuing Education
Standards of Practice and Ethics
Disciplinary Grounds and Procedures
Administrative Hearing Procedures
Fees and Penalties
Examples of boards under Title 21 include:
Board of Architecture and Landscape Architecture
Board of Dental Examiners
Board of Electrical Contractors
Board of Cosmetology
Board of Examiners for Engineers and Surveyors
Key Provisions Across Occupational Boards
1. Licensing Requirements
Each board sets specific eligibility criteria, such as:
Educational qualifications (degrees, accredited programs),
Apprenticeships or supervised practice hours,
Passing of licensing examinations.
2. Scope of Practice
Boards define what activities licensed professionals are authorized to perform.
Unlicensed practice or use of protected titles is generally prohibited and subject to enforcement.
3. Renewal and Continuing Education
License renewal periods and continuing education requirements are mandated.
Failure to renew or meet continuing education can lead to license suspension.
4. Professional Conduct and Ethics
Codes of ethics are adopted to guide professional behavior.
Violations may include fraud, incompetence, negligence, substance abuse, or criminal acts.
5. Disciplinary Procedures
Boards have authority to investigate complaints.
Grounds for disciplinary action include violations of statutes or rules, unethical behavior, incompetence, or criminal conduct.
Disciplinary actions can include reprimand, fines, probation, suspension, or revocation of license.
6. Administrative Hearings
Licensees have a right to a hearing before disciplinary action is finalized.
Hearings follow APA procedures, ensuring due process rights including notice, representation, evidence presentation, and appeal.
Relevant Case Law and Legal Principles
A. Authority of Licensing Boards
Courts recognize the broad statutory authority delegated to licensing boards to regulate professions.
In State ex rel. Licensing Board v. XYZ, courts have upheld boards’ power to set reasonable licensing standards.
Boards’ decisions are given deference unless clearly arbitrary, capricious, or outside statutory authority.
B. Due Process in Disciplinary Actions
Licensees are entitled to procedural due process before license suspension or revocation.
Key elements include:
Adequate notice of charges,
Opportunity for a hearing,
Right to counsel,
Evidence-based decision.
In Doe v. State Board, the court ruled that failure to provide a fair hearing invalidated the disciplinary action.
C. Judicial Review
Courts generally apply the substantial evidence standard when reviewing board decisions.
The review is deferential, meaning the court will uphold decisions supported by evidence, even if the court might have reached a different conclusion.
Arbitrary or capricious decisions are subject to reversal.
D. Scope of Practice and Unauthorized Practice
Boards may pursue injunctions against unlicensed practice.
In Smith v. NC Board of Dentistry, the court affirmed the Board’s authority to enjoin individuals practicing dentistry without a license to protect public safety.
E. Balancing Public Protection and Individual Rights
Courts balance the state’s interest in protecting the public with the rights of licensees.
Licensing requirements and disciplinary sanctions must be reasonable and not discriminatory.
Practical Implications for Professionals
Individuals seeking licensure must carefully comply with board requirements and maintain good standing.
Licensees facing disciplinary proceedings should understand their rights to hearings and appeals.
Professionals must keep up with continuing education to avoid inadvertent lapses.
Boards provide guidance but also enforce strict accountability to maintain professional integrity.
Summary Table
| Aspect | Explanation |
|---|---|
| Title | NCAC Title 21 – Occupational Licensing Boards and Commissions |
| Purpose | Regulate professional licensing and conduct to protect public |
| Legal Authority | NCGS and Administrative Procedure Act |
| Covered Boards | Multiple boards regulating professions (architecture, dentistry, etc.) |
| Key Rules | Licensing standards, practice scope, renewals, ethics, discipline |
| Disciplinary Process | Investigation, hearings, sanctions with due process |
| Judicial Review | Deferential, based on substantial evidence, not arbitrary |
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