North Carolina Administrative Code
Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS
Chapter 12 - GENERAL CONTRACTORS
Subchapter A - GENERAL PROVISIONS
Section .0900 - HOMEOWNERS RECOVERY FUND
Section 12A .0903 - APPLICATION FOR PAYMENT
Current through Register Vol. 39, No. 6, September 16, 2024
(a) Homeowners meeting the requirements of G.S. 87-15.8 who wish to file for reimbursement from the Homeowners Recovery Fund shall provide the following information on an application prescribed by the Board:
Requests for the application form shall be directed to the Board at the address shown in Rule .0101 of this Chapter.
(b) If the applicant has exhausted all civil remedies pursuant to G.S. 87-15.8(3)(a), the application shall include certified copies of the complaint, judgment, and return of execution marked as "unsatisfied."
(c) If the applicant is claiming against a general contractor that was a corporation dissolved no later than one year after the date of discovery by the applicant of the facts constituting the dishonest or incompetent conduct, then the applicant shall include certified copies of documents evidencing the dissolution.
(d) If the applicant has been precluded from filing suit, obtaining a judgment, or otherwise proceeding due to the bankruptcy of the general contractor, then the applicant shall submit a certified copy of the bankruptcy petition, any proof of claim, and documents from the bankruptcy court or trustee certifying that the applicant has not and will not receive any payment from the bankruptcy proceeding.
(e) If the applicant is claiming against the estate of a deceased general contractor, then the applicant shall submit a statement from the administrator of the estate certifying that the applicant has not and will not receive any payment from the estate.
(f) If the applicant includes copies of a judgment and return of execution marked as unsatisfied, the applicant must demonstrate that the writ of execution was filed in the following counties:
Authority
G.S.
87-15.6;
87-15.7;
87-15.8;
Eff. January
4, 1993;
Amended Eff. March 1, 2005; August 1, 1998;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. July 23, 2016;
Amended Eff.
September 1, 2019;
Recodified from
21 NCAC
12 .0903 Eff. January 2,
2020.