19A NCAC 03J .0102       DEFINITIONS

For the purpose of this Subchapter, the following definitions shall apply:

(1)           "Actively Enrolled" means any student who is neither a graduate nor has failed to complete his or her course.

(2)           "Base Period" means a six‑month period from January 1 through June 30 or from July 1 through December 31.

(3)           "Constructive Notice" means a student's notice of intention to withdraw from a course by failing to attend residence instructional facilities for a period of three consecutive days on which that class meets.

(4)           "Cooling off Period" means five days from the time the student is given or mailed a signed copy of his completed contract.

(5)           "Enrollment contract" means any agreement or instrument, however named, which creates or evidences an obligation binding a student to purchase a course from a school.

(6)           "Fail to Complete" means any student who does not fully complete the required 160 hours of the lessons or classes required by the Division as constituting the full course of study and who cancels by any of the methods prescribed.

(7)           "Field Training" means off‑road training in and around the truck. Refer to Rule .0306(2)(b), (c), (e), and (i) of Section .0300.

(8)           "Foreign Commercial Driver Training School" means an enterprise located outside North Carolina which solicits, advertises, or offers commercial motor vehicle driver training to residents of North Carolina.

(9)           "General Job or Earnings Claim" means any express claim or representation concerning the general conditions or employment demand in any employment market now or at any time in the future or the amount of salary or earnings generally available to persons employed in any occupation.

(10)         "Graduate" means any student who fully completes the required 160 hours of the lessons or classes required by the Division and discharges any other requirements or obligations established by the school as prerequisites for completing the full course of study.

(11)         "Job or Earnings Claim" means any general or specific job or earnings claim.

(12)         "Media Advertisement" means any advertisement disseminated to the public by means of print or broadcast media, including newspapers, magazines, radio, television, posters, or any other means. It does not include promotional materials that are available from a school or distributed by its sales representatives.

(13)         "Most Recent Base Period" means the latest base period.

(14)         "New Course" means any course which has a substantially different course content and occupational objective from any course previously offered by the school and which has been offered for a period of time less than six months.

(15)         "Prospective Student" means any person who seeks to enroll in a course.

(16)         "Recruiter/Salesman" means any person who is employed by a commercial truck driver training school, directly or indirectly, to recruit students for a school. This definition includes persons who are employed by another person who is a direct employee or broker for a school.

(17)         "Refresher Course" means a minimum 80-hour course which offers classroom and behind the wheel instruction for drivers who have previously held a CDL, Class A, or Chauffeurs License.

(18)         "Seminar" means a course of 40 hours or less offering educational materials and classroom instruction only in order to prepare a student for an examination given by the State for a driver's license.

(19)         "Specific Job or Earnings Claim" means any express claim or representation concerning the employment opportunities available to students or the demand for students who purchase the school's course, or the amount of salary or earnings available to students who purchase the school's course.

(20)         "Student" means any person who has signed an enrollment contract with a school and not canceled that contract before the cooling‑off‑period, specified in this Rule, has ended.

(21)         "Total Contract Price" means the total price for the enrollment contract, including charges for registration, ancillary services, and any finance charges.

History Note:        Authority G.S. 20‑320; 20‑321;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; August 1, 1998; January 1, 1994; February 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.