CHAPTER 28 – LANDSCAPE CONTRACTORS' REGISTRATION BOARD
SECTION .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS
21 NCAC 28 .0101
AUTHORITY: NAME AND LOCATION OF BOARD
All communications to the North Carolina Landscape Contractors' Registration Board, hereafter called the "Board,"
shall be addressed to the Board at Post Office Box 20875, Raleigh, North Carolina 27619.
History Note:
Authority G.S. 89D-4;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. January 1, 2014; May 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December
16, 2014.
21 NCAC 28 .0102
PURPOSE OF THE ACT
History Note:
Authority G.S. 89D-1; 89D-2; 89D-3; 89D-4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. September 1, 1988.
21 NCAC 28 .0103
ORGANIZATION OF BOARD: OFFICERS
The Board shall meet at least once each year at the time and place fixed by the Board. Other meetings may be called
by the chairman of the Board. A majority of the Board shall constitute a quorum. Meetings shall be open and
public except that the Board may meet in closed session to prepare, approve, administer, or grade examinations, or
to deliberate the qualification of an applicant for license or to dispose of a proceeding to discipline a licensed
landscape contractor.
At its annual meeting the Board shall organize by electing a chairman, a vice chairman, a secretary-treasurer, and
such other officers as may be deemed necessary. Officers of the Board shall serve for terms of one year and until a
successor is elected, without limitation on the number of terms an officer may serve.
History Note:
Authority G.S. 89D-4(a); 89D-4(c); 89D-4(d);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. September 1, 1988; October 1, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December
16, 2014.
21 NCAC 28 .0104
History Note:
Authority G.S. 89D-4(c); 89D-4(d); 89D-4(e); 89D-7;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. September 1, 1988.
21 NCAC 28 .0105
History Note:
POWERS OF THE BOARD
SEAL OF BOARD
Authority G.S. 89D-4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. September 1, 1988.
21 NCAC 28 .0106
FORMS
Forms used by the Board, and available from the Board office upon request, include the following:
(1)
Application for Certificate of Title,
(2)
Application for Renewal of Certificate.
History Note:
Authority G.S. 89D-4(c); 89D-5(a); 89D-5(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. September 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December
16, 2014.
21 NCAC 28 .0107
FEES
Fees, as authorized by G.S. 89D-5, shall be as follows:
(1)
application fee is set in G.S. 89D-5(b)
(2)
initial certificate fee
(3)
all renewal fees
(4)
penalty for late renewal fee
(5)
duplicate certificate
(6)
examination or re-examination fee
(7)
copy of duplicate parchment certificate
History Note:
$75.00
$60.00
$60.00
$25.00
$5.00
$60.00
$35.00
Authority G.S. 89D-4; 89D-5; 89D-8;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. January 1, 2008; January 1, 1992; September 1, 1988, October 1, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December
16, 2014.
SECTION .0200 - PRACTICE OF LANDSCAPE CONTRACTOR
21 NCAC 28 .0201
BOARD LISTING OF INDIVIDUAL AND FIRM NAMES
Every individual licensee, partnership, firm or corporation has the continuing responsibility of keeping the Board
currently advised of his or its proper and current mailing address and the name or names under which he or it is
practicing. Each licensee or firm shall immediately notify the Board of any and all changes of association or
address. Upon the dissolution of a professional relationship, the member or members thereof shall promptly notify
the Board in writing concerning such dissolution, and of the succeeding status and addresses of the individual or
firm.
History Note:
Authority G.S. 89D-4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December
16, 2014.
21 NCAC 28 .0202
History Note:
APPLICABILITY OF BOARD RULES
Authority G.S. 89D-4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. September 1, 1988.
21 NCAC 28 .0203
REQUIREMENT FOR SEAL
Every landscape contractor shall, upon registration, obtain a seal of the design authorized by the Board, bearing the
name of the registrant, number of certificate, and the legend "North Carolina Registered Landscape Contractor."
History Note:
Authority G.S. 89D-4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December
16, 2014.
21 NCAC 28 .0204
REQUIREMENT FOR USE OF SEAL
Every registered landscape contractor shall place his professional seal on all plans, specifications or other
professional documents prepared by him or under his immediate supervision. The seal may be used only while the
registrant's certificate is in full force and effect. The seal may not be used except for work offered, or performed, by
or under the immediate supervision of the registrant.
History Note:
Authority G.S. 89D-4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December
16, 2014.
21 NCAC 28 .0205
DISCIPLINE OF REGISTERED CERTIFICATE HOLDERS
(a) "Improper, fraudulent or dishonest dealing" within the meaning of G.S. 89D-7 includes dishonest practice,
unprofessional conduct and acts of incompetence.
(b) The following shall be deemed to constitute "dishonest practice":
(1)
To make any false or deliberately misleading statements in an application for examination or in
any statements or representations to this Board, to a client, or to another landscape contractor.
(2)
To violate the laws of North Carolina or of any other state relating to the practice of landscape
contracting, or to violate any rule of this Board.
(3)
To use or attempt to use the title or seal under a certificate that has been suspended or revoked or
which has not been renewed.
(4)
To use or to permit the name or the professioanl seal of the landscape contractor to be used on the
plans or specifications or other professional documents not personally prepared, or prepared under
the immediate supervision of such landscape contractor.
(c) The following acts shall be deemed to constitute "unprofessional conduct":
(1)
To use any gift or donation as a device for obtaining competitive advantage over another
landscape contractor;
(2)
To do any act that would falsely or maliciously injure the professional reputation, prospects,
practice or employment position of another landscape contractor;
(3)
To attempt to supplant another landscape contractor after definite steps have been taken by a client
towards the latter's employment; or to undertake a commission for which he knows another
landscape contractor has been employed, unless and until he has been notified by either the client
or the other landscape contractor that the original employment has been terminated;
(4)
To allow his name to be associated with an undertaking in any professional capacity unless he has
served specifically in that capacity;
(5)
To offer payment directly or indirectly to others in order to obtain work.
(d) The following acts or omissions shall be deemed to constitute "acts of incompetence":
(1)
To fail to use diligence in planning, supervising, performing, or inspecting landscape work
directly resulting in improper and unprofessional practices and results.
(2)
To be guilty of such acts or omissions as to demonstrate to the satisfaction of the Board that the
holder of the certificate is mentally incompetent or habitually addicted to alcohol or drugs so as to
render the registrant unfit to practice landscape contracting.
History Note:
Authority G.S. 89D-4(c); 89D-7;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. September 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December
16, 2014.
21 NCAC 28 .0206
History Note:
REFUSAL: REVOCATION OR SUSPENSION OF CERTIFICATE
Authority G.S. 89D-4(c); 89D-7(a); 89D-7(b);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. September 1, 1988.
SECTION .0300 - EXAMINATION AND LICENSING PROCEDURES
21 NCAC 28 .0301
APPLICATIONS AND EXAMINATION
(a) Notice. The Board shall hold at least one examination during each year and may hold such additional
examinations as may appear necessary. The secretary-treasurer shall give public notice of the time and place for
each examination at least 90 days in advance of the date set for the examination.
(b) Applications. Applications on forms provided by the Board and accompanied by the required application fee
must be filed with the Board at least 60 days prior to the date of examination.
(c) Education and Experience Equivalents. Applicants for examination shall be given credit for education and
experience to meet the statutory requirements as follows:
(1)
Education Equivalents. Credit for educational attainment shall be credited as follows:
(A)
Graduation from a four-year program in Landscape Architecture, Landscape Horticulture,
or Horticulture: Maximum Credit - 1.5 years;
(B)
Graduation from a four-year curriculum in any other field: Maximum Credit - 6 months;
(C)
Graduation from a two-year program in Horticulture or similar curriculum in a land grant
institution or community college: Maximum Credit - 1 year.
(2)
Experience Equivalents. Time spent in the jobs listed shall be credited as follows:
(A)
Landscape Crew Leader
100% credit
(B)
Landscape Designer or Landscape Architect
100% credit
(C)
Landscape Estimator or Landscape Sales Person
100% credit
(D)
Landscape Project Manager
100% credit
(E)
Landscape Crew Member
75% credit
(F)
Nursery retail sales person
75% credit
(G)
Grading operator
50% credit
(H)
Irrigation installer
50% credit
(I)
Nursery worker
50% credit
(J)
Turfgrass installer or turfgrass maintenance worker
50% credit
(d) Certificate. After each examination, the Board shall notify each examinee of the result of the examination and
the Board shall issue certificates of title to all persons successfully completing the examination.
(e) Applicants who have not met registration requirements within a period of three years from date of initial
application to the Board shall be considered inactive. Inactive applications shall be destroyed after giving 30 days
notice to the last known address of the applicant.
History Note:
Authority G.S. 89D-4(c); 89D-5(a); 89D-5(b);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 2007; September 1, 1988; October 1, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December
16, 2014.
21 NCAC 28 .0302
21 NCAC 28 .0303
History Note:
RENEWAL OF CERTIFICATE
DENIAL: REVOCATION OR SUSPENSION OF CERTIFICATE
Authority G.S. 89D-4(c); 89D-5(c); 89D-7;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. September 1, 1988.
21 NCAC 28 .0304
REINSTATEMENT
(a) Any person whose license is revoked may be relicensed by majority vote of the Board on written application
made to the Board and successful completion of the examination. Relicensing is subject to the completion or
fulfillment of conditions imposed upon the person by the Board at time of revocation and upon payment of annual
fees and late fees as set forth below.
(b) If a registration has lapsed for a period of five years or more, the individual must complete and submit a new
application. Once the application is approved, the applicant must pass the Registration Board exam requirements.
(c) Any person whose license has lapsed for a period less than five years, without incident, may have their license
renewed upon written application to reinstate a license and payment of annual fees and late fees since license lapsed.
(d) Any person whose license lapsed for a period less than five years but has outstanding complaints filed against
them or been convicted of a crime shall be required to submit an application for license and pass the Board
examination before reinstatement.
History Note:
Authority G.S. 89D-4(c); 89D-7;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. July 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December
16, 2014.
SECTION .0400 - RULES: PETITIONS: HEARINGS
21 NCAC 28 .0401
RULE MAKING AND ADMINISTRATIVE PROCEDURES
In accordance with G.S. 150B-16, any person desiring the adoption, amendment or repeal of a rule by the Board
shall submit a petition to the Board containing the following information:
(1)
Name of Board;
(2)
A draft of the proposed rule;
(3)
Reasons for the adoption, amendment or repeal;
(4)
Data supporting the proposed rule;
(5)
The effect of the proposal on existing rules;
(6)
Effects of the proposed rule on persons licensed under Chapter 89D of the General Statutes of
North Carolina;
(7)
Names (including addresses if known) of those most likely to be affected by the rule; and
(8)
Name(s) and address(es) of petitioner(s).
History Note:
Authority G.S. 89D-4(c); 150B-16;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. September 1, 1988; April 1, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December
16, 2014.
21 NCAC 28 .0402
21 NCAC 28 .0403
21 NCAC 28 .0404
CONTENTS OF PETITION
DISPOSITION OF PETITIONS
NOTICE OF RULEMAKING HEARINGS
21 NCAC 28 .0405
21 NCAC 28 .0406
21 NCAC 28 .0407
21 NCAC 28 .0408
21 NCAC 28 .0409
21 NCAC 28 .0410
21 NCAC 28 .0411
21 NCAC 28 .0412
21 NCAC 28 .0413
21 NCAC 28 .0414
History Note:
NOTICE MAILING LIST
ADDITIONAL INFORMATION
REQUEST TO PARTICIPATE
CONTENTS OF REQUEST: GENERAL TIME LIMITATIONS
RECEIPT OF REQUEST: SPECIFIC TIME LIMITS
WRITTEN SUBMISSIONS
PRESIDING OFFICER: POWER AND DUTIES
STATEMENT OF REASONS FOR DECISION
RECORD OF PROCEEDINGS
EMERGENCY RULES
Authority G.S. 89D-4(c); 150A-11; 150A-12; 150A-13; 150A-16;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.
SECTION .0500 - DECLARATORY RULINGS
21 NCAC 28 .0501
21 NCAC 28 .0502
21 NCAC 28 .0503
21 NCAC 28 .0504
21 NCAC 28 .0505
History Note:
SUBJECTS OF DECLARATORY RULINGS
SUBMISSION OF REQUEST FOR RULING
DISPOSITION OF REQUESTS
RECORD OF DECISION
EFFECTIVE DATE
Authority G.S. 89D-4(c); 150A-11; 150A-17;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.
SECTION .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES
21 NCAC 28 .0601
21 NCAC 28 .0602
21 NCAC 28 .0603
21 NCAC 28 .0604
21 NCAC 28 .0605
21 NCAC 28 .0606
21 NCAC 28 .0607
21 NCAC 28 .0608
21 NCAC 28 .0609
History Note:
RIGHT TO HEARING
REQUEST FOR HEARING
GRANTING OR DENYING HEARING REQUESTS
NOTICE OF HEARING
NO EX PARTE COMMUNICATIONS
PETITION FOR INTERVENTION
TYPES OF INTERVENTION
HEARING OFFICERS: DESIGNATION: POWERS
DISQUALIFICATION OF HEARING OFFICERS
Authority G.S. 89D-4(c); 150A-23; 150A-32; 150A-35;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.
SECTION .0700 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS
21 NCAC 28 .0701
21 NCAC 28 .0702
21 NCAC 28 .0703
21 NCAC 28 .0704
21 NCAC 28 .0705
History Note:
FAILURE TO APPEAR
SIMPLIFICATION OF ISSUES
SUPOENAS
FINAL DECISIONS IN ADMINISTRATIVE HEARINGS
PROPOSALS FOR DECISIONS
Authority G.S. 89D-4(c); 150A-25; 150A-27; 150A-33(5); 150A-34(a),(b),(c);
150A-36; 150A-43;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.
SECTION .0800 - JUDICIAL REVIEW
21 NCAC 28 .0801
21 NCAC 28 .0802
History Note:
RIGHT TO JUDICIAL REVIEW
MANNER OF SEEKING REVIEW: TIME FOR FILING PETITION: WAIVER
Authority G.S. 89D-4(c); 150A-43; 150A-45;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.