15A NCAC 13C .0303      APPROVAL OF REGISTERED ENVIRONMENTAL CONSULTANTS

(a)  To qualify for Department approval as an REC, an applicant shall complete and submit a Request for Approval form, available from the Department, demonstrating that the applicant meets the requirements contained in this Section. The Request for Approval form shall set forth the qualifications of all persons the applicant wishes to qualify as RSMs and shall contain notarized signatures of representatives of the applicant.

(b)  Applicants shall supply the names and telephone numbers of previous government and industry clients and copies of actual work products to verify experience, if requested by the Department. The Department may require applicants to supply additional information to clarify what is provided on the Request for Approval form. Those applicants not complying with such requests shall not be approved to perform work pursuant to the rules in this Section.

(c)  An REC shall notify the Department if the nature of its business changes, if it no longer meets the requirements for approval under this Section or if it discovers that any information it submitted in any Request for Approval is or was incorrect no later than 30 days subsequent to the discovery of the occurrence.

(d)  If a Department-approved RSM leaves the employment of an REC or changes employment within an REC, an REC shall, no later than 30 days prior to the change, submit the name and qualifications of another person to perform the role of the RSM. If an REC does not receive 30 days of notice by an RSM of the RSM's intended change in employment, the REC shall notify the Department within 24 hours of the RSM providing such notice and shall within 30 days of the RSM's notice to the REC, submit to the Department the name and qualifications of another person to perform the role of the RSM. The Department shall determine whether the proposed replacement qualifies as an RSM per the requirements set forth in Rule .0304. An REC may propose amendments to its approval as an REC to add or delete RSMs. An RSM that changes employment from an approved REC shall require a new approval by the Department before working as an RSM with another REC.

(e)  The Department shall notify applicants in writing whether they are approved to conduct business as an REC or RSM. No applicant may represent itself, or work, as an REC or RSM without written Department approval.

(f)  An REC's approval shall be valid for five years unless revoked earlier by the Department.

(g)  The Department shall make available to the general public a list of all approved RECs.

History Note:        Authority G.S. 130A-310.12(b);

Eff. April 1, 1997;

Readopted Eff. July 1, 2020.