NC Register Volume 24 Issue 19 - Office of Administrative Hearings

PROPOSED RULES
21 NCAC 34B .0311 SPECIAL PROCEDURES FOR
LICENSING OF ACTIVE MILITARY PERSONNEL
(a) Definitions. As used in this Rule:
(1) "Active military personnel" shall mean any
person holding an applicable license or permit
from the Board who meets the conditions of
G.S. 105-249.2(a) and would be subject to any
continuing education requirement, renewal fee,
or renewal application to renew or reinstate
any permit or license issued by the Board.
(2) "Active military status" shall mean any active
military personnel who is not actively
practicing because of military service.
(3) "Applicant" shall mean the active military
personnel or any person authorized to conduct
business affairs for the active military
personnel under the authority granted by a
power of attorney executed under the laws of
any state.
(b) The following provisions shall apply to funeral director,
funeral service, and embalmer licenses only:
(1) Active military personnel wishing to claim
active military status shall file a form
prescribed by the Board. The applicant shall
furnish the full name of the active military
personnel, license number, address and
telephone number of the active military
personnel, date of active military service,
anticipated date the licensee will resume
practice, if known, and documentation from
the branch of service demonstrating
entitlement to active military status. The
Board shall notify the applicant in writing of
its decision on the application and shall place
the active military personnel on inactive status
upon approving the application.
(2) No fees or renewal applications shall be
required during the period of active military
status. Continuing education shall not be
required for any calendar year when active
military status is effective. Time spent on
active military status shall apply to the total
years of continuing education required by a
licensee under G.S. 90-210.25(a)(5)e.
(3) Active military status shall terminate upon the
earlier of return to active status or upon six
months after severance from active duty.
Active military personnel may claim active
military status retroactively within six months
from severance from active duty with a branch
of the armed forces. Active military personnel
who fail to renew the license before the
termination of active military status shall be
subject to the provisions of reinstatement
under G.S. 90-210.25(a)(5)b. for a lapsed
license and shall not be entitled to any waivers
of continuing education, renewal fees, or
reinstatement fees.
(4) To return to active status, the licensee shall file
an application for renewal and renewal fee for
the calendar year regardless of the date of
application.
(c) If any funeral establishment, crematory, or preneed
establishment ceases operations because the active military
personnel claims active military status, all such licenses or
permits shall terminate upon transfer of the active military
personnel to inactive status. If the active military personnel
resumes active status, any funeral establishment, preneed
establishment, or crematory shall be required to apply for a new
license or permit but shall only be required to pay the renewal
fee to issue the new license or permit.
Authority G.S. 90-210.23(a); 90-210.25(a)(5), (a1); 93B-15(b).
SUBCHAPTER 34D - PRENEED FUNERAL CONTRACTS
SECTION .0200 – LICENSING
21 NCAC 34D .0203 SURETY BONDS
(a) Any applicant for a new preneed funeral establishment
license or any preneed licensee required to maintain a surety
bond under G.S. 90-210.67(b) shall submit a copy of the bond
with its initial application and with each renewal application.
The bond shall cover all insurance premiums paid under a
preneed insurance policy and all trust payments under a preneed
funeral trust. The bond shall name the Board as trustee and shall
be issued by a bonding company licensed to do business in this
State. The Board shall recognize all surety bond forms approved
by the N.C. Department of Insurance.
(b) Any preneed establishment licensee required to obtain a
bond may petition the Board to repeal the requirement one year
after obtaining the bond. The preneed establishment licensee
shall establish that the firm is solvent. For purposes of this
Paragraph, solvency shall be defined as assets in excess of
liabilities; provided, however, that goodwill shall not be
considered an asset and that unperformed preneed funeral
contracts shall be treated as both an asset and a liability of equal
value. A preneed establishment may demonstrate solvency by
submitting a balance sheet prepared by a certified public
accountant that is no more than 90 days old or through other
financial evidence generally recognized as valid by certified
public accountants.
(c) All petitions must be filed on a form prescribed by the
Board. The petition form shall require the applicant to furnish
the name of the preneed establishment; certifications that the
firm is solvent, has no unsatisfied civil judgments against it, and
has not paid a claim on the bond; and any other information that
the Board deems necessary and is required by law. The form
shall be verified by as correct before a notary public by the
owner, a corporate officer, partner, or member of the limited
liability company owning the preneed establishment.
Authority G.S. 90-210.69(a); 90-210.67(b).
* * * * * * * * * * * * * * * * * * * *
CHAPTER 46 – PHARMACY BOARD
24:19 NORTH CAROLINA REGISTER APRIL 1, 2010
1698