NC Landscape flashcards
NC Landscape · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Chapter 89D
- The North Carolina General Statutes chapter that creates the landscape contracting license, defines the practice, establishes the licensing board, and authorizes discipline and penalties.
- Landscape contractor definition
- A person who, for compensation, contracts to furnish or install landscape construction or planting work on real property, as defined in Chapter 89D.
- Licensing board
- The North Carolina Landscape Contractors' Licensing Board, established by Chapter 89D, which administers exams, issues licenses, adopts rules, and enforces discipline.
- Unlicensed practice
- Offering or performing landscape contracting, including bidding or advertising for it, without a valid North Carolina license; subject to civil and injunctive remedies.
- Scope of practice
- The statutory and rule-defined limits of work a licensed landscape contractor may perform; work outside that scope requires licensure by another board.
- Restricted bidding
- An unlicensed person may not submit a bid or proposal to perform landscape contracting, even if the work would later be subcontracted to a licensee.
- Allied trades
- General contracting, irrigation, and arboriculture are regulated under separate statutes; holding one of those licenses does not authorize landscape contracting.
- Local permits
- Landscape contracting also requires compliance with local zoning, permitting, and state sedimentation and erosion control rules in addition to the state license.
- Title 21 NCAC
- The North Carolina Administrative Code title containing the licensing board's rules implementing Chapter 89D, including conduct, CE, and enforcement procedures.
- Grounds for discipline
- Statutory and rule-based reasons for board action, including fraud in obtaining a license, incompetence, negligence, misconduct, and rule violations.
- Aiding unlicensed practice
- A licensee violates the rules by subcontracting or assisting a person who is not licensed to perform landscape contracting work.
- Truthful advertising
- Licensees may not misrepresent licensure status, insurance coverage, or the scope of services in advertising, bids, or client communications.
- Duty to cooperate
- A licensee must respond to lawful board inquiries and produce requested records; failure to cooperate is itself a disciplinable violation.
- Client funds
- Commingling or misappropriating client or project funds, and abandoning a project, are disciplinable conduct under the board's rules.
- Conflicts of interest
- The code of conduct requires licensees to avoid and disclose conflicts, deal honestly with clients and suppliers, and comply with applicable codes.
- Self-reporting
- A licensee must report criminal convictions and disciplinary actions by other boards or jurisdictions that bear on fitness to practice landscape contracting.
- Board investigations
- The board may investigate complaints or act on its own motion, and may subpoena records and testimony relevant to alleged violations.
- Range of sanctions
- Enforcement outcomes include dismissal, cautionary letter, reprimand, probation with conditions, suspension, or revocation of the license.
- Civil penalties
- Monetary penalties the board may assess for unlicensed practice or violations, in addition to seeking injunctive relief in superior court.
- Minimum workmanship standards
- Rules addressing contract terms, plan accuracy, and quality of installation; failing them can support findings of incompetence or negligence.
- Insurance requirement
- A licensee must maintain the insurance and financial responsibility required by statute and rule; a lapse may result in suspension.
- Restitution orders
- Disciplinary orders may require repayment to consumers, remedial education, or supervised practice before a suspended license is reinstated.
- Contested case hearing
- Disciplinary hearings follow Chapter 150B Administrative Procedure Act procedures; a final agency decision may be appealed to superior court.
- Publication of discipline
- The board publishes disciplinary actions, and licensees must keep the board informed of current contact and business information.
- Continuing education requirement
- CE hours in board-approved categories are required for license renewal; the board sets the number of hours and the renewal cycle.
- Approved providers
- Only courses from board-approved providers or otherwise approved by the board count toward CE; unapproved or undocumented hours are rejected.
- CE recordkeeping
- Licensees must retain certificates of completion for the period set by rule and produce them if the board audits CE compliance.
- Renewal cycle
- Licenses renew on a fixed cycle set by the board; late renewal may require extra fees and CE evidence, and lapsed licenses need reinstatement.
- Public license information
- License number, status, and expiration date are public; licensees must provide the license number when contracting or advertising.
- Exam eligibility
- Applicants must meet the education and experience requirements set by statute and rule before the board approves them to sit for the licensing exam.
- Licensure by endorsement
- The board may license applicants from other jurisdictions with substantially equivalent requirements, subject to board review and approval.
- Reporting business changes
- Changes in business name, address, or responsible individual must be reported to the board within the time set by rule.