All requests for declaratory rulings shall be written and mailed to the Board. The first page of the request should bear thenotation: REQUEST FOR DECLARATORY RULING. The request must include thefollowing information:

(1) name and address of petitioner;

(2) statute or rule to which petition relates;

(3) concise statement of the manner in which petitioner is aggrieved by the rule or statute or its potential application to him;and

(4) a statement of whether an oral hearing is desired and, if so, the reason therefor.

21 NCAC 21 .0903 DISPOSITION OF REQUESTS

(a) Upon receiving a request, the Board is authorized to initiate a declaratory ruling proceeding to receive information concerning the request. A declaratory ruling proceeding may consist of written submissions, an oral hearing, or other procedures as may be appropriate in the circumstances of the particular request.
(b) A decision whether to issue the ruling willbe madeby the Board at the next regularly scheduled meeting of the Boardwithinthe 60 day period required by G.S. 150B17. If no meeting is scheduledwithinthat time period, the chairman will call a special meeting so thattheBoard can comply with the requirements of G.S. 150B17.
(c) If the decision of the Board is to issue the ruling,the ruling will be issued by the Board within the 60 day period required by G.S. 150B17. If necessary, the chairman of the Board will call a special meeting so that the Board can comply with this requirement.
(d) For purposes of this Rule, the Board will ordinarily refuse to issue a declaratory ruling:

(1) unless the petitioner shows that the Board did notgive to the factors specified in the request for a declaratory rulingafull consideration at the time the rule was issued;

(2) where there has been a similar controlling factual determination in a contested case or where the factual context being raised for a declaratory ruling was specifically considered upon the adoptionofthe rule or directive being questioned, as evidenced by the rulemakingrecord; or

(3) where the subject matter of the request is involved in pending litigation in any state or federal court in North Carolina.

21 NCAC 21 .0904 RECORD OF DECISION

A record of all declaratory ruling proceedings will bemaintained in the Board's office for as long as the ruling is in effect and for five years thereafter. This record will contain: the petition,the notice, all written submissions filed in the request, whether filedby the petitioner or any other person, and a record or summary of oralpresentations, if any. Records of declaratory ruling proceedings will beavailable for public inspection during regular office hours.

History Note:  Authority G.S. 150B11;
                     Eff. February 1, 1986;
                     Amended Eff. April 1, 1989.

SECTION .1000 PROFESSIONAL CORPORATIONS

21 NCAC 21 .1001 CORPORATE PRACTICE OF GEOLOGY

(a) Application Forms. Application for a corporate Certificateof Registration for the practice of geology within the State of North Carolinashall be made upon forms provided by the Board. Completed applications must be accompanied by the application for corporate registration fee.Certificates of Registration for corporations may be issued only underthe provisions of the Professional Corporation Act, G.S. 55B, except asprovided in Paragraph (b) of this Rule.
(b) Geological Corporations Under G.S. 55, the Business Corporation Act. Applications for a Certificate of Registration as exempt from the Professional Corporation Act under the provisions of G.S. 55B15shall be made upon forms provided by the Board. Completed applicationsmust be accompanied by the application for corporate registration fee.To be eligible as an exempt corporation under the provisions of G.S. 55B15the following conditions must exist:

(1) The corporation must have been incorporatedpriorto September 1, 1991 as a business corporation;

(2) Before and after September 1, 1991, the corporation must have been a bonafide firm engaged in the practice of geology and such services as may be ancillary thereto within the State of North Carolina;and

(3) The corporation must have applied to be an exempt corporation before July 1, 1992.

History Note:  Authority G.S. 55B5;55B10;55B11; 55B14; 55B15; 89E5; 89E12;
                     Eff. January 1, 1992.

21 NCAC 21 .1002 FOREIGN CORPORATIONS

(a) Incorporation in Other States. Corporationsof otherstates may be granted Certificates of Registration for the practiceofgeology in this state on the receipt by the Board of a completed applicationand the payment of the corporate registration application fee. In additionto theother requirements as set out in G.S. 89E12, foreign corporationsmust,priorto registration, receive from the Secretary of State of NorthCarolinaa Certificateof Authority to do business within the state.
(b) Designated Individuals. Foreign corporations shallbe permitted to practice geology within the State of North Carolinaprovidedthat the corporation must designate at least one geologist who islicensedby the State of North Carolina to be in responsible charge for thecorporatepractice of geology within the State of North Carolina.

History Note:  Authority G.S. 55B6;55B14;89E12;
                     Eff. January 1, 1992.