NORTH CAROLINA REGISTER
VOLUME 28 ● ISSUE 11 ● Pages 1169 - 1288
December 2, 2013
I. EXECUTIVE ORDERS Executive Order #28...... 1169 – 1170
II. PROPOSED RULES Cultural Resources, Department of Historical Commission...... 1171 – 1178 Justice, Department of Private Protective Services Board...... 1178 – 1181 Occupational Licensing Boards and Commissions Irrigation Contractors' Licensing Board...... 1181 – 1183
III. APPROVED RULES...... 1184 – 1207 Commerce, Department of Banks, Office of the Commissioner of Banks Environment and Natural Resources, Department of Wildlife Resources Commission Justice, Department of Sheriffs' Education and Training Standards Commission Occupational Licensing Boards and Commissions Dental Examiners, Board of Funeral Services, Board of Hearing Aid Dealers and Fitters Board Medical Board Nursing, Board of
IV. RULES REVIEW COMMISSION...... 1208 – 1218
V. CONTESTED CASE DECISIONS Index to ALJ Decisions...... 1219 – 1230 Text of ALJ 11 OSP 03245...... 1231 – 1252 12 DHR 01998...... 1253 – 1261 12 DHR 12088...... 1262 – 1268 12 DHR 12405...... 1269 – 1277 12 OSP 10209...... 1278 – 1288 This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the agencies below. The bolded headings are typical issues which the given agency can address, but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc. Office of Administrative Hearings Rules Division 1711 New Hope Church Road (919) 431-3000 Raleigh, North Carolina 27609 (919) 431-3104 FAX contact: Molly Masich, Codifier of Rules [email protected] (919) 431-3071 Dana Vojtko, Publications Coordinator [email protected] (919) 431-3075 Julie Brincefield, Editorial Assistant [email protected] (919) 431-3073 Tammara Chalmers, Editorial Assistant [email protected] (919) 431-3083
Rule Review and Legal Issues Rules Review Commission 1711 New Hope Church Road (919) 431-3000 Raleigh, North Carolina 27609 (919) 431-3104 FAX contact: Joe DeLuca Jr., Commission Counsel [email protected] (919) 431-3081 Amanda Reeder, Commission Counsel [email protected] (919) 431- 3079 Abigail Hammond, Commission Counsel [email protected] (919) 431 3076
Fiscal Notes & Economic Analysis and Governor's Review Office of State Budget and Management 116 West Jones Street (919) 807-4700 Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX Contact: Anca Grozav, Economic Analyst [email protected] (919) 807-4740 NC Association of County Commissioners 215 North Dawson Street (919) 715-2893 Raleigh, North Carolina 27603 contact: Amy Bason [email protected] NC League of Municipalities (919) 715-4000 215 North Dawson Street Raleigh, North Carolina 27603 contact: Erin L. Wynia [email protected]
Legislative Process Concerning Rule-making Joint Legislative Administrative Procedure Oversight Committee 545 Legislative Office Building 300 North Salisbury Street (919) 733-2578 Raleigh, North Carolina 27611 (919) 715-5460 FAX contact: Karen Cochrane-Brown, Staff Attorney [email protected] Jeff Hudson, Staff Attorney [email protected] NORTH CAROLINA REGISTER Publication Schedule for January 2013 – December 2013
TEMPORARY FILING DEADLINES NOTICE OF TEXT PERMANENT RULE RULES
E a r l i e s t E f f . D a Deadline to t Delayed Eff. Date of Volume & End of required Last day submit to RRC e Permanent Rule 270th day from publication issue Issue date Earliest date for public hearing comment for filing for review at in the Register number period 31st legislative day of the next meeting o session beginning: f P e r m a n e n t R u l e 0 5 / 0 27:13 01/02/13 12/06/12 01/17/13 03/04/13 03/20/13 05/2014 09/29/13 1 / 1 3 27:14 01/15/13 12/19/12 01/30/13 03/18/13 03/20/13 0 05/2014 10/12/13 5 / 0 1 / 1 3 0 6 / 0 27:15 02/01/13 01/10/13 02/16/13 04/02/13 04/22/13 05/2014 10/29/13 1 / 1 3 0 6 / 0 27:16 02/15/13 01/25/13 03/02/13 04/16/13 04/22/13 05/2014 11/12/13 1 / 1 3 0 7 / 0 27:17 03/01/13 02/08/13 03/16/13 04/30/13 05/20/13 05/2014 11/26/13 1 / 1 3 0 7 / 0 27:18 03/15/13 02/22/13 03/30/13 05/14/13 05/20/13 05/2014 12/10/13 1 / 1 3 0 8 / 0 27:19 04/01/13 03/08/13 04/16/13 05/31/13 06/20/13 05/2014 12/27/13 1 / 1 3 0 8 / 0 27:20 04/15/13 03/22/13 04/30/13 06/14/13 06/20/13 05/2014 01/10/14 1 / 1 3 27:21 05/01/13 04/10/13 05/16/13 07/01/13 07/22/13 0 05/2014 01/26/14 9 / 0 1 / 1 3 0 9 / 0 27:22 05/15/13 04/24/13 05/30/13 07/15/13 07/22/13 05/2014 02/09/14 1 / 1 3 1 0 / 0 27:23 06/03/13 05/10/13 06/18/13 08/02/13 08/20/13 05/2014 02/28/14 1 / 1 3 1 0 / 0 27:24 06/17/13 05/24/13 07/02/13 08/16/13 08/20/13 05/2014 03/14/14 1 / 1 3 1 1 / 0 28:01 07/01/13 06/10/13 07/16/13 08/30/13 09/20/13 05/2014 03/28/14 1 / 1 3 1 1 / 0 28:02 07/15/13 06/21/13 07/30/13 09/13/13 09/20/13 05/2014 04/11/14 1 / 1 3 1 2 / 0 28:03 08/01/13 07/11/13 08/16/13 09/30/13 10/21/13 05/2014 04/28/14 1 / 1 3 28:04 08/15/13 07/25/13 08/30/13 10/14/13 10/21/13 1 05/2014 05/12/14 2 / 0 1 / 1 3 0 1 / 0 28:05 09/03/13 08/12/13 09/18/13 11/04/13 11/20/13 05/2014 05/31/14 1 / 1 4 0 1 / 0 28:06 09/16/13 08/23/13 10/01/13 11/15/13 11/20/13 05/2014 06/13/14 1 / 1 4 0 2 / 0 28:07 10/01/13 09/10/13 10/16/13 12/02/13 12/20/13 05/2014 06/28/14 1 / 1 4 0 2 / 0 28:08 10/15/13 09/24/13 10/30/13 12/16/13 12/20/13 05/2014 07/12/14 1 / 1 4 0 3 / 0 28:09 11/01/13 10/11/13 11/16/13 12/31/13 01/21/14 05/2014 07/29/14 1 / 1 4 0 3 / 0 28:10 11/15/13 10/24/13 11/30/13 01/14/14 01/21/14 05/2014 08/12/14 1 / 1 4 0 4 / 0 28:11 12/02/13 11/06/13 12/17/13 01/31/14 02/20/14 05/2014 08/29/14 1 / 1 4 0 4 / 0 28:12 12/16/13 11/21/13 12/31/13 02/14/14 02/20/14 05/2014 09/12/14 1 / 1 4 EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
the preceding day which is not a Saturday, FILING DEADLINES GENERAL Sunday, or State holiday. ISSUE DATE: The Register is published on the The North Carolina Register shall be first and fifteen of each month if the first or published twice a month and contains the fifteenth of the month is not a Saturday, following information submitted for Sunday, or State holiday for employees publication by a state agency: mandated by the State Personnel (1) temporary rules; Commission. If the first or fifteenth of any (2) notices of rule-making proceedings; month is a Saturday, Sunday, or a holiday (3) text of proposed rules; for State employees, the North Carolina (4) text of permanent rules approved by Register issue for that day will be published the Rules Review Commission; on the day of that month after the first or (5) notices of receipt of a petition for fifteenth that is not a Saturday, Sunday, or municipal incorporation, as required holiday for State employees. by G.S. 120-165; (6) Executive Orders of the Governor; LAST DAY FOR FILING: The last day for filing (7) final decision letters from the U.S. for any issue is 15 days before the issue date Attorney General concerning changes excluding Saturdays, Sundays, and holidays in laws affecting voting in a for State employees. jurisdiction subject of Section 5 of the Voting Rights Act of 1965, as required by G.S. 120-30.9H; (8) orders of the Tax Review Board issued under G.S. 105-241.2; and (9) other information the Codifier of Rules determines to be helpful to the public.
COMPUTING TIME: In computing time in the schedule, the day of publication of the North Carolina Register is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or State holiday, in which event the period runs until NOTICE OF TEXT after the text is published or until the date of any public hearings held on the proposed FIRST LEGISLATIVE DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY: This date is EARLIEST DATE FOR PUBLIC HEARING: The rule, whichever is longer. hearing date shall be at least 15 days after the first legislative day of the next regular the date a notice of the hearing is published. DEADLINE TO SUBMIT TO THE RULES REVIEW session of the General Assembly following COMMISSION: The Commission shall review a approval of the rule by the Rules Review END OF REQUIRED COMMENT PERIOD rule submitted to it on or before the Commission. See G.S. 150B-21.3, Effective An agency shall accept comments on the twentieth of a month by the last day of the date of rules. text of a proposed rule for at least 60 days next month.
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days. Statutory reference: G.S. 150B-21.2.
TITLE 07 – DEPARTMENT OF CULTURAL RESOURCES If the comment is an objection, the objection must identify the specific reason for the objection including the negative Notice is hereby given in accordance with G.S. 150B-21.2 that impact(s) the amended rule change could have to stakeholders. NC Historical Commission intends to adopt the rule cited as 07 NCAC 04M .0107; amend the rules cited as 07 NCAC 04M . Comment period ends: January 31, 2014 0104-.0106, .0202-.0204, .0301, .0401-.0403, .0501-.0503, . 0507-.0512; and repeal the rules cited as 07 NCAC 04M . Procedure for Subjecting a Proposed Rule to Legislative 0101-.0103, .0205, .0302-.0304, .0505; 04V .0101-.0105, and . Review: If an objection is not resolved prior to the adoption of 0201-.0202. the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Agency obtained G.S. 150B-19.1 certification: Rules Review Commission receives written and signed OSBM certified on: October 22, 2013 objections after the adoption of the Rule in accordance with G.S. RRC certified on: 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission Not Required approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written Link to agency website pursuant to G.S. 150B-19.1(c): objections until 5:00 p.m. on the day following the day the http://www.ncdcr.gov/ Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or Proposed Effective Date: April 1, 2014 facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, Public Hearing: please call a Commission staff attorney at 919-431-3000. Date: December 17, 2013 Time: 9:00 a.m. Fiscal impact (check all that apply). Location: Archives & Library Building, 109 East Jones Street, State funds affected Raleigh, NC 27601 Environmental permitting of DOT affected Reason for Proposed Action: 07 NCAC Subchapter 04M Analysis submitted to Board of Transportation applies to the Division of Archives and Records (Division) in the Local funds affected Department of Cultural Resources (DCR), previously identified Substantial economic impact (≥$1,000,000) as the Archives and Records Section. The entire subchapter was No fiscal note required by G.S. 150B-21.4 examined for moderate edits, including those reflecting the change in organizational structure within DCR that elevated the Archives and Records program to a division. Additional minor CHAPTER 04 – OFFICE OF ARCHIVES AND HISTORY edits were suggested by agency legal counsel, including the use of the word "shall" in place of "will." Edits to portions of the SUBCHAPTER 04M DIVISION OF ARCHIVE AND subchapter governing rules for access to and use of public RECORDS research facilities were undertaken in order to ensure that all facilities of the Division followed the same rules. Portions of the SECTION .0100 STATE ARCHIVES OF NORTH subchapter governing the rules for the State Records Center CAROLINA: USE AND SERVICES were updated to include more specific language on records destruction and electronic public records. 07 NCAC 04M .0101 STATEMENT OF PURPOSE OF 07 NCAC Subchapter 04V applies to one facility managed by the ARCHIVES AND RECORDS SECTION Division. Rule .0202 concerning rules for use of the gallery It is the responsibility of the Archives and Records Section to were moved to Subchapter 04M, Rule .0107. The rest of the promote and safeguard the documentary heritage of the state by subchapter has been deleted as all rules in it are subsumed in preserving public records and private papers which have the proposed edits to Subchapter 04M. continuing research and reference value to scholars and private citizens; to make these records available to patrons of the Search Comments may be submitted to: Sarah Koonts, Director, Room and to answer letters of inquiry; to direct the records Division of Archives and Records, 4614 Mail Service Center, management and micrographic programs for state and local Raleigh, NC 27699-4614 agencies and institutions; to assist these programs through educational programs, technical assistance, professional services, and written standards; to operate a central microfilming an identification card which shall be obtained service and a state records center; to microfilm for security from the Security Personnel in the Search purposes the permanently valuable records in county, state and Room lobby upon presentation of current municipal offices; and to assist in the orderly disposal of records photo identification, providing accurate name no longer required for administrative or research purposes. and address. (3) Researchers shall request archival records by Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. filling in completely the call slips provided; each slip must bear the identification number 07 NCAC 04M .0102 ARCHIVES SEARCH ROOM issued to the researcher. To receive records the HOURS identification card shall be surrendered to a (a) The North Carolina State Archives Search Room is open member of the Search Room staff. or records from 8:00 a.m. to 5:30 p.m. Tuesday through Friday, and from request form provided by each facility. 9:00 a.m. to 5:00 p.m. on Saturday. Information required to request records (b) The Search Room is closed on Sundays and Mondays and includes researcher's name, date, and citation on all state holidays. If a holiday occurs on either a Friday or a or records to be requested. Saturday, the Search Room will be closed both Friday and (4) Research facilities in Raleigh issue patrons Saturday. If a holiday is observed on Monday, the Search Room identification cards to be used when requesting will be closed on the preceding Saturday. The Search Room will archival records. To receive records in be closed for three days during the month of January for Raleigh, the identification card shall be inventory. surrendered to a member of the research room staff. Upon leaving the research room in Authority G S. 121-4(3); 121-5(d); 143B-62(2)a. Raleigh, the researcher shall surrender his or her identification card to a member of the 07 NCAC 04M .0103 ARCHIVES REFERENCE research room staff. SERVICES (4)(5) A researcher may request more than one box Reference services available to the public are outlined in an or volume of records at the time; these shall be Archives Information Circular available at the Search Room held at the reference desk until the researcher desk. is ready for them. records. However, a researcher may access only one box of loose Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. records or up to three volumes of records may be issued to the researcher at any one time. 07 NCAC 04M .0104 ARCHIVES STACKS When use of the box or volumes or box is (a) Permission for limited access to the archives stacks area may completed, the researcher shall return the used be obtained by researchers providing that an application is records prior to the reference desk in order to submitted stating the records to be consulted, the purpose of the obtain obtaining another box or other volumes access, and the reason why the research cannot be conducted of records. from the Search Room. Permission shall be granted only if (5)(6) Upon return of the records to the Search Room necessary for the researcher to accomplish his purposes. The reference desk, they may be examined, and if stacks storing archival collections are not public spaces. the researcher has completed his work, the (b) An application for limited access may be approved by the identification card shall then be returned to Administrator, Archives and Records Section, the Assistant State him. Upon leaving the Search Room, the Archivist, or the supervisor of the Reference Unit. researcher shall surrender the identification (c) Permission for extended access to the archives stacks area card to the Security Personnel who may Staff may be obtained by researchers on the same basis for limited shall examine any materials the researcher access, except that permission shall be obtained from the brings into or removes from the research Administrator, Archives and Records Section, or his designated Search Room. room. representative only. (6)(7) Researchers must shall exercise care in handling records, manuscripts, books, or other Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. materials. In particular, the following patrons shall be observed: observe the following: 07 NCAC 04M .0105 PUBLIC RESEARCH (a) Manuscripts may not be marked or FACILITIES REGULATIONS otherwise altered or defaced. Regulations governing researchers' use of the North Carolina (b) Pens, highlighters, and other writing State Division of Archives Search Room and Records public instruments that create permanent research facilities are as follows: marks shall not be permitted in (1) Brief cases, attache cases, bags, coats, tote research rooms. bags, or other bulky clothing, notebooks, (b)(c) Pencils or other items are not to No envelopes, pad folders, privately owned books, items shall be used as "pointers" maps, and old manuscripts may not be taken when reading original records. into the Archives Search Room. research (c)(d) Tape and other office supplies, such rooms. Lockers and coat racks are provided as correction fluid and gum erasers, outside the Search Room research rooms for are shall not be permitted in the such items. Search Room; research room; pencils (2) Admission to the Search Room Access to the are to shall be used with great care. archival collections shall only be by means of care to ensure no marks or other The following duplication services are available for archival damages are made to the materials. records in the North Carolina State Archives: custody of the (d)(e) Books or other materials may shall Division of Archives and Records: not be returned to Search Room (1) photocopies of loose documents; research room shelves; these shall be (2) imaging of paper and photographic replaced by a Search Room staff reproductions of maps, newspapers, mounted member. documents, and bound volumes; materials; (e)(f) All manuscripts, volumes and (3) paper prints from microfilm; reference books from the Search (4) negative, first-generation or "original" Room research room shelves are to microfilm of records and manuscripts in the shall be placed on the tables or custody of the Division, except those under reading stands provided in the Search restriction; restriction by law or donation Room; research room; they are shall agreement; not to be held in the lap or propped (5) duplicate microfilm of entire rolls of microfilm against the edge of a table. in the collections of the State Archives; (f)(g) Only one box or and one folder of Division; loose papers may from that box shall (6) typed, certified transcripts of information from be opened at one time in order to Revolutionary Army Accounts in the records avoid mixing. mixing of records or of the North Carolina Treasurer and folders. Comptroller; from "Register of the North (g)(h) Papers are shall not to be rearranged Carolina Continental Line"; from John W. under any circumstances. If a Moore's "Roster of North Carolina Troops in researcher thinks something is out of the War Between the States"; and from order, he should or she shall notify a "Muster Rolls of the Soldiers of the War of Search Room staff member. 1812: Detached from the Militia of North (h)(i) Records from the stacks and Carolina in 1812 and 1814"; reference materials from the Search (7)(6) certified photocopies of public records of state Room are research room shall not be agencies, counties, municipalities or other permitted in the microfilm reading political subdivisions of North Carolina; and room. (8)(7) exemplifications prepared in accordance with (7)(8) Smoking, eating, or drinking is shall not be the requirements of the "Ancient Writings" permitted in the Search Room; food is to be rule for introduction as evidence in a court of left in the outer lobby of the Search Room. law; and law. research room. A researcher wishing to leave (9) prints from the photographic negatives in the the Search Room temporarily leave the State Archives iconographic collection. research room must turn in all pulled archival records in order to obtain his identification Authority G.S. 121-4(3); 121-5(d); 132-6.2; 143B-62(2)a. card to leave the Search Room and shall verify his registration when reentering the Search 07 NCAC 04M .0107 OUTER BANKS HISTORY Room. Eating is not permitted in the lounge CENTER GALLERY REGULATIONS near the elevators. Space is provided at the (a) Eating, drinking, and smoking are not permitted in the Snack Bar in the basement for this purpose. Gallery. reentering. (b) Visitors may not touch artifacts, art works, or graphics. (8)(9) Orders for copies placed in person by a (c) Children under 12 years of age must be accompanied by an researcher shall not exceed 50 copies per adult over age 18. researcher per day. Such orders are shall be paid at the time the copies are made and may Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. not be billed. (10) Equipment deemed by the Archives SECTION .0200 - LISTING OF PROFESSIONAL Conservator to be damaging to archival RESEARCHERS records may not be used in the research rooms. The Archives Conservator shall make this 07 NCAC 04M .0202 PROCEDURE FOR LISTING determination based upon harm caused by (a) A person wishing to have his name listed as professional excessive light exposure, tearing, or otherwise researcher shall make application in writing to: Administrator, defacing the document. This shall include the Archives and Records Section, Director, Division of Archives use of equipment that sits on top of or pulls an and History, Records, 4614 Mail Service Center, Raleigh, North original item through it to capture the image or Carolina 27699-4614. provides light levels that damage the (b) The application shall include a brief resume of the document. applicant's experience which will demonstrate his qualifications and aid in establishing his credentials. No special form is Authority G.S. 121-4(3); 121-5(d); 132-6.2; 143B-62(2)a. required for the application. (c) The application must be accompanied by three letters of 07 NCAC 04M .0106 DUPLICATION SERVICES recommendation from persons who have engaged the applicant in the capacity of a paid researcher. (d) Letters of recommendation shall be from persons who are: (1) unrelated to the applicant or the applicant's (4) copies of pre-1913 family Bible pages listing spouse; and genealogical data; and (2) unacquainted with the applicant except as a (5) student and academic and financial aid records researcher. from defunct post-secondary schools and (e) The recommendations shall: colleges having a campus in North Carolina. (1) outline the nature and extent of the research which the applicant undertook for pay; and Authority G.S. 121-4(1); 121-4(3); 121-5(d); 143B-62(2)a. (2) attest the satisfaction of the reference with the services rendered. 07 NCAC 04M .0302 VALUATION The North Carolina State Archives shall upon request Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. by the donor, help arrange for the valuation of a gift 07 NCAC 04M .0203 APPROVAL OF REQUESTS for tax purposes by an independent appraiser, who The Administrator, Director, Division of Archives and Records shall report that valuation to the donor. Section, Records, shall review applications submitted for inclusion in the list of professional researchers. If determined Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. that the applicant satisfies the procedures for listing, listing that satisfies the procedures for listing as set forth in Rule .0202 of 07 NCAC 04M .0303 ORGANIZATIONAL RECORDS this Section, then the name of the researcher shall be placed on The North Carolina State Archives may accept the records of the list of available researchers as published by the North private, professional, or civic organizations judged to be relevant Carolina State Archives. State Archives of North Carolina. to the history of the state. A contract of gift must accompany records of both defunct and active organizations. Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. 07 NCAC 04M .0204 REMOVAL OF NAMES FROM THE LIST 07 NCAC 04M .0304 BIBLE RECORDS (a) The Director of the Division of Archives and History Family bibles are not accepted by the State Archives; however, Records may for good cause remove any person from the list of pages containing pre-1913 information such as records of births, professional researchers. deaths, baptisms and marriages of North Carolina families will (b) The term " good cause " as used in this Rule shall mean: be photocopied and accessioned by the State Archives. (1) misrepresentation of credentials or services to be provided; or Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. (2) consistent complaints on the part of patrons SECTION .0400 - DEACCESSIONING OF RECORDS about the work of the researcher. 07 NCAC 04M .0401 REVIEW Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. Whenever, in the opinion of the Administrator of the Archives and Records Section, any accessioned records in the North 07 NCAC 04M .0205 DEFINITION OF GOOD CAUSE Carolina State Archives should be destroyed, transferred to The words "good cause" as used in this Section shall mean: another institution, returned to the donor, or for some other (1) misrepresentation of credentials or services to reason de-accessioned, each record series of the subject records be provided; or shall be inventoried in detail. (2) consistent complaints on the part of patrons (a) The Director, Division of Archives and Records shall about the work of the researcher. determine any accessioned records in the State Archives of North Carolina when records are: Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. (1) duplicates; (2) not in keeping with the collection policies of SECTION .0300 ACCESSIONING PROCEDURES OF the Division; or OTHER THAN PUBLIC RECORDS (3) no longer have permanent historical value. (b) Each record series of the subject records shall be inventoried 07 NCAC 04M .0301 ACCEPTANCE OF NON- in detail. The inventory shall be forwarded to the Director of the GOVERNMENT PAPERS Office of Archives and History. (a) Original private papers materials of historical and cultural significance may be accepted for custody in the State Archives Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. of North Carolina State Archives either as a gift or on a loan basis, gift, subject to the approval of the History, the Chief of the 07 NCAC 04M .0402 PREPARATION OF LISTS Archives and Records Section, Director of the Division of Following review by the Director of the Division of Archives Archives and Records, or a designated representative. Prior to and History, a list shall be prepared containing for each series of acceptance, the Division shall provide a contract of gift for the records a description, inclusive dates, and the volume of the donor(s) to execute. The contract of gift shall be maintained in subject records. There shall be attached to each item description the Division's permanent files. a statement justifying the proposed disposal of the records (b) Materials that may be accepted include: involved. (1) private manuscripts; If the Director of the Office of Archives and History concurs (2) audio visual materials; with the decision to deaccession the identified records series, the (3) records of private, professional, or civic Director shall ask the staff of the Division or Archives and organizations; Records to prepare a detailed list for each series of records. The (a) Public records transferred sent to and physically stored in the detailed list shall include: State Records Center in accordance with the provisions of an ( 1 ) series name; approved records retention and disposition schedule or standard, ( 2 ) description of the records; schedule, or in accordance with any other agreement between ( 3 ) inclusive date and volume of records; the Department of Cultural Resources and the originating agency ( 4 ) statement of rationale for decision to or department, are considered to remain in the legal and official deacession the records; and custody of the agency that created or received the records and ( 5 ) statement of proposed disposition of the that transferred them to the State Records Center. A request for records. Disposition methods include: access to, or inspection of, paper or microfilm these records in ( a ) destruction; or the physical custody of the State Records Center by a person ( b ) transfer to another institution; or other than an authorized employee of the legal custodian will ( c ) return to donor or heirs. shall not be honored until authority in writing has been granted by an appropriate official of the agency having legal custody. Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a,b. (b) Public records transferred to the Division of Archives and Records for permanent retention may be accessed through the 07 NCAC 04M .0403 APPROVAL BY HISTORICAL public research areas of the Division. COMMISSION The description and the statement of justification shall be Authority G.S. 121-4(2); 121-5(d); 132-6; 143B-62(2)b. reviewed by the Director of the Division of Archives and History, and shall be sent to each member of the North Carolina Historical Commission at least seven days in advance of the 07 NCAC 04M .0503 PROCEDURES FOR TRANSFER meeting in which the proposal will be considered. OF RECORDS Following approval by the North Carolina Historical (a) Physical transfer of records to the State Records Center shall Commission, a complete list of the records authorized to be be initiated by the agency or organization requesting transfer. A destroyed by the Commission shall be entered into the minutes representative of the said agency or organization will submit to of the Commission. the State Records Center supervisor a records transfer notice The subject records may be destroyed following receipt of including agency name, title of records, reference to schedule, notification of the approval for destruction by the North Carolina volume of records, their inclusive dates, and the name and Historical Commission. telephone number of the representative submitting the request. (a) The Director of the Office of Archives and History shall (b) Records Center boxes, together with paper tape and send the list as set forth in Rule .0402, the rationale for the instructions on packing and labeling, shall be sent to the agency decision to deaccession the records, and the proposed disposal of transferring records upon request, and at the expense of the the records to each member of the North Carolina Historical agency. Commission at least seven days before the meeting at which the (c) Only records packed in Records Center boxes shall be proposal will be considered. accepted for storage in the State Records Center. (b) Following approval by the North Carolina Historical (d) The agency or organization initiating the transfer shall Commission, the complete list of records authorized for arrange records in the boxes and label boxes in accordance with deaccessioning will be entered into the minutes, along with the instructions. Boxes which do not comply with instructions shall proposed disposal method. be returned to the agency or organization for correction. (c) Upon receipt of the minutes of the Commission granting (e) Records which cannot be identified clearly and completely permission for deacessioning, the Director of the Division of by the information on the label of the Records Center box must Archives and Records may proceed as directed by the be accompanied by a typewritten index or box list prepared by Commission, retaining complete records of the action within the the agency or organization of origin. Division's files. (f) Records transferred from within ten miles of Capitol Square, Raleigh, shall be shipped by arrangement with the Supervisor, Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a,b. State Records Center. Records transferred from beyond ten miles of Capitol Square, Raleigh, must be shipped by the agency or SECTION .0500 STATE RECORDS CENTER organization concerned, and at its expense. (a) An agency or organization shall initiate the transfer of 07 NCAC 04M .0501 TRANSFER OF RECORDS TO records to the State Records Center. A representative of the STATE RECORDS CENTER agency or organization shall submit to the State Records Center The State Records Center will shall accept for transfer to its supervisor a records transfer notice including agency name, title physical custody the records of state agencies, county agencies, of records, reference to schedule, quantity of records, their or municipal agencies, providing provided the records are inclusive dates, and the name and telephone number of the scheduled to be transferred to the State Records Center on an representative submitting the request. approved records retention and disposition schedule or an (b) For transfer of paper and other physical media, the following approved records retention and disposition standard. schedule. A guidelines shall be adhered to by the transferring agency: records retention and disposition schedule is approved when (1) Records Center boxes, together with paper signed by the creating agency and the Department of Cultural tape and instructions on packing and labeling, Resources. shall be sent to the agency transferring records upon request, and at the expense of the agency. Authority G.S. 121-4(2); 121-5(d); 132-8.1; 143B-62(2)b. (2) Only records packed in Records Center boxes shall be accepted for storage in the State 07 NCAC 04M .0502 LEGAL CUSTODY OF Records Center. RECORDS (3) The agency or organization initiating the 07 NCAC 04M .0508 CERTIFICATION BY AGENCY transfer shall arrange records in the boxes and WITH CUSTODY label boxes in accordance with instructions. Only copies of records that are in the legal custody of the The Boxes that do not comply with instructions Department of Cultural Resources may be shall certified by the shall be returned to the agency or organization Department. certify only copies of records that are in its legal for correction. custody. Copies of records that are in the physical custody of the (4) Records that cannot be identified clearly and State Records Center must be certified by the agency having completely by the information on the label of legal custody, if such certification is requested. In the event that the Records Center box shall be accompanied If records of terminated agencies are in the State Records Center by a typewritten index or box list prepared by and are in the legal custody of the Department of Cultural the agency or organization of origin. Resources, copies may be certified by the Department of (5) Records transferred from within 10 miles of Cultural Resources. Capitol Square, Raleigh, shall be shipped by arrangement with the Supervisor, State Authority G.S. 121-4(2),(3); 121-5(d); 132-4; 143B-62(2)b,c. Records Center. Records transferred from beyond 10 miles of Capitol Square, Raleigh, 07 NCAC 04M .0509 DESTRUCTION OF RECORDS shall be shipped by the agency or organization IN STATE RECORDS CENTER concerned, and at its expense. The provisions of an approved records retention and disposition (c) For transfer of electronic public records, the following schedule will shall apply to the records in the physical custody guidelines shall be adhered to by the transferring agency: of the State Records Center since the records that remain in the (1) Transfers of databases shall be accompanied legal custody of the agency concerned. When the approved by index information required in G.S. 132-6.1. disposition is destruction, the records will not be destroyed until (2) Agencies shall scan records and find them to concurrence in writing of the agency with legal custody is be free of viruses. received. The records shall not be destroyed until the agency (3) Agencies shall generate a hash algorithm for with legal custody concurs in writing. each file being transferred. The agency shall include the hash algorithm as part of the Authority G.S. 121-4(2); 121-5(b),(c),(d); 132-8.1 143B-62(2)b. transfer. (4) Agencies shall include any metadata generated 07 NCAC 04M .0510 METHODS OF DESTRUCTION at the time of file creation and any subsequent (a) When used in an approved records retention and disposition metadata created during the use of the file in schedule, the provision that paper records are to be destroyed the records transfer. means that the records are to be: (5) Upon receipt of the transfer of electronic (1) burned, unless prohibited by local ordinance; records, the State Records Center shall verify (2) shredded or torn up so as to destroy the record that the electronic records transferred were content of the documents or materials complete and unaltered prior to accepting them concerned; for storage by the Division of Archives and (3) placed in acid vats so as to reduce the paper to Records. pulp and to terminate the existence of the document or materials concerned; or Authority G.S. 121-4(2); 121-5(d); 143B-62(2)b. (4) buried under such conditions that the record nature of the documents or materials shall be 07 NCAC 04M .0505 RECORDS CENTER terminated; or REFERENCE SERVICE (5)(4) sold as waste paper, provided that the The agency or organization of origin retains legal custody of purchaser agrees in writing that the documents records transferred to the State Records Center. Anyone or any or materials concerned will not be resold as other agency desiring access to, or copies of, records must obtain documents or records. without pulverizing or written authorization from the legal custodian or his designated shredding the documents so that the representative. Requests for records or reference service will be information contained within cannot be made on forms provided by the State Records Center. In an practicably read or reconstructed. emergency, records or reference service may be provided after (b) When used in an approved records retention and telephoned request and with the approval of the Chief, Archives disposition schedule, the provision that electronic and Records Section. records are to be destroyed means that the data and Authority G.S. 121-4(2); 121-5(d); 143B-62(2)b. metadata are to be overwritten, deleted, and unlinked so the data and metadata may not be practicably 07 NCAC 04M .0507 PERSONNEL RECORDS reconstructed. Any employee or former employee desiring access to personnel (c) When used in an approved records retention and disposition records must shall make the request through the personnel office schedule, the provision that confidential records of any format of the agency which that retains legal custody of the records. are to be destroyed means the data, metadata, and physical Upon receipt of request from the appropriate personnel office, media are to be destroyed in such a manner that the information the State Records Center will forward personnel information to cannot be read or reconstructed under any means. that office. Authority G.S. 121-4(2); 121-5(b),(c),(d); 132-3; 132-8.1; 132- Authority G.S. 121-4(2); 121-5(d); 143B-62(2)b. 8.2; 143B-62(1)g; 143B-62(2)b; 143B-62(2)b. 07 NCAC 04M .0511 DESTRUCTION OF CERTAIN Reference and technical services available to the public are RECORDS SCHEDULED FOR ARCHIVES outlined in a brochure available in the lobby of the Outer Banks Records scheduled in an approved records retention and History Center. disposition schedule to be transferred to the State for review or accepted by the State Records Center for the State Archives Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. Archives, but not yet accessioned by the State Archives may be destroyed in accordance with procedures approved by the 07 NCAC 04V .0104 ADMISSION TO OUTER BANKS Director of the Division of Archives and History providing: HISTORY CENTER STACKS (1) The records are considered by the Director of Permission for extended access to the Outer Banks History the Division of Archives and History not to Center stacks may be obtained from the Curator, provided that a have permanent value. historical value; or letter of application is submitted stating the material to be (2) The records are exact duplicates or copies of consulted and the reason why the research cannot be conducted other records in the records series transferred from the Search Room. Upon verbal request, stack access not to or accessioned. exceed two hours may be granted by the Curator or his designated representative, provided that the person granted this Authority G. S. 121-4(2); 121-5(b),(c),(d); 132-8.1; 132-8.2; access is accompanied by a member of the Outer Banks History 143B-62(1)g; 143B-62(2)b. Center staff.
07 NCAC 04M .0512 RESTRICTED AREAS IN STATE Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. RECORDS FACILITIES Access to the facilities controlled by the State Records Center is 07 NCAC 04V .0105 OUTER BANKS HISTORY shall be limited to persons on official business. Visitors are shall CENTER SEARCH ROOM REGULATIONS not be permitted in the records storage areas the microfilm areas, Regulations governing public use of the Outer Banks History areas, or beyond the administrative office without an escort Center Search Room are as follows: provided by the State Records Center. All visitors are required to (1) Briefcases, coats, privatelyowned books, shall sign in when entering and to sign out when leaving the papers, and similar materials considered State Records Center building. Visitors who are not known to inappropriate by the Outer Banks History the State Records Center staff will be required to produce Center Curator may not be carried into the identification before being given records requested by agencies. Search Room. Lockers are provided in the facilities. Access by visitors not on official business may shall be lobby for such materials. denied. (2) Admission to the Search Room shall be granted only after proper identification is Authority G.S. 121-4(2); 132-6; 143B-62(2)b. provided to the attending staff member. Researchers may be registered by either a CHAPTER 04 DIVISION OF ARCHIVES AND HISTORY daily admission slip or by a permanent patron identification card. The initial permanent SUBCHAPTER 04V OUTER BANKS HISTORY CENTER identification card is provided freeofcharge to any requesting patron; a charge of one dollar SECTION .0100 OUTER BANKS HISTORY CENTER: ($1.00) is assessed for a replacement card. USE AND SERVICES (3) Researchers will request materials by filling in call slips and surrendering their admission slip 07 NCAC 04V .0101 STATEMENT OF PURPOSE or patron card to the Search Room staff. The purpose of the Outer Banks History Center is to promote (4) When a researcher has completed use of the and safeguard the documentary and cultural heritage of the state materials, a Search Room staff member must by collecting, preserving, and cataloging published works, be notified. The staff member may inspect manuscripts, audiovisual, and graphic materials relevant to the these materials and any personal property Outer Banks; to make these materials available to the public on a carried into the Search Room before returning regularlyscheduled basis; to sponsor research projects in North the researcher's patron card or daily admission Carolina coastal history; to provide professional and technical slip. assistance to patrons; and to operate a public history gallery. (5) Researchers must exercise care in the use of materials, specifically observing the following: History Note: Authority G.S. 121-4(3); 121-5(d); 143B- (a) Materials may not be marked or 62(2)a. otherwise altered or defaced. (b) Pencils are the only writing 07 NCAC 04V .0102 OUTER BANKS HISTORY instruments permitted in the Search CENTER SEARCH ROOM HOURS Room. (a) The Outer Banks History Center Search Room is open to the (c) All materials are to be placed flat on public from 9:00 a.m. to 5:00 p.m. Monday through Friday. tables or on stands; materials may not (b) The Outer Banks History Center Search Room is closed on be held in the lap or propped against Saturdays, Sundays, official state holidays, and two days in the edge of a table. January for inventory. (d) Materials, including those from the Search Room reference case, may not Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. be removed from the Search Room 07 NCAC 04V .0103 OUTER BANKS HISTORY area. CENTER REFERENCE AND TECHNICAL SERVICES (e) To avoid possible mixing of records, Date: January 3, 2014 only one box or folder of loose Time: 2:00 p.m. material may be opened at one time. Location: 4901 Glenwood Avenue, Suite 200, Raleigh, NC (6) Smoking, eating, and drinking are not 27612 permitted in the Search Room when any materials from the stacks are present. Reason for Proposed Action: (7) Use of Outer Banks History Center computers 12 NCAC 07D .0106 – To conform the Board's rules on is restricted to scheduled time periods; providing false information to the intent of the remainder of the researchers may perform only online database rule now that private vendors are allowed to produce criminal searches and produce only terminal display history records checks for applicants. reports; printouts and graphic reproductions 12 NCAC 07D .0501 – Wording clarification. may be made only by the center staff. 12 NCAC 07D .0502 – To expand the number of approved (8) Printouts, graphic reproductions, and schools for licensure. photocopies will be made on an "as you wait" 12 NCAC 07D .0503, .0504 – To reflect the current industry basis if the equipment and operator are standard which is transitioning from analog testing equipment available. Descriptions of these and similar to digital. services, the procedures for requesting these 12 NCAC 07D .1302 – To increase the continuing education services, and their current costs, are described credit hours for attending a Board meeting. in an informational brochure available in the Outer Banks History Center Lobby. Comments may be submitted to: Anthony Bonapart, PPSB Deputy Director, 4901 Glenwood Avenue, Suite 200, Raleigh, Authority G.S. 121-4(3); 121-4(14); 121-5(d); 143B-62(2)a. NC 27612
SECTION .0200 PUBLIC HISTORY GALLERY USE Comment period ends: January 31, 2014
07 NCAC 04V .0201 PUBLIC HISTORY GALLERY Procedure for Subjecting a Proposed Rule to Legislative HOURS Review: If an objection is not resolved prior to the adoption of (a) The Public History Gallery of the Outer Banks History the rule, a person may also submit written objections to the Center is open to the public from 10:00 a.m. to 4:00 p.m. Rules Review Commission after the adoption of the Rule. If the Monday through Friday. Rules Review Commission receives written and signed (b) The Public History Gallery is closed on Saturdays, Sundays, objections after the adoption of the Rule in accordance with G.S. official state holidays, and upon occasion, for announced 150B-21.3(b2) from 10 or more persons clearly requesting meetings, special events, or exhibit preparation. review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the 07 NCAC 04V .0202 PUBLIC HISTORY GALLERY Commission approves the rule. The Commission will receive REGULATIONS those objections by mail, delivery service, hand delivery, or (a) Eating, drinking, and smoking are not permitted in the facsimile transmission. If you have any further questions Gallery. concerning the submission of objections to the Commission, (b) Visitors may not touch art works or graphics. please call a Commission staff attorney at 919-431-3000. (c) Children under 12 years of age must be accompanied by an adult. Fiscal impact (check all that apply). State funds affected Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a. Environmental permitting of DOT affected Analysis submitted to Board of Transportation Local funds affected TITLE 12 – DEPARTMENT OF JUSTICE Substantial economic impact (≥$1,000,000) Notice is hereby given in accordance with G.S. 150B-21.2 that No fiscal note required by G.S. 150B-21.4 Private Protective Services Board intends to amend the rules cited as 12 NCAC 07D .0106, .0501-.0504 and .1302. CHAPTER 07 – PRIVATE PROTECTIVE SERVICES
Agency obtained G.S. 150B-19.1 certification: SUBCHAPTER 07D – PRIVATE PROTECTIVE OSBM certified on: SERVICES BOARD RRC certified on: October 17, 2013 Not Required SECTION .0100 – ORGANIZATION AND GENERAL PROVISIONS
Link to agency website pursuant to G.S. 150B-19.1(c): 12 NCAC 07D .0106 PROHIBITED ACTS www.ncdoj.gov (a) In addition to the prohibited acts set forth elsewhere in these Regulations Rules and in Chapter 74C of the General Statutes, Proposed Effective Date: April 1, 2014 any licensee, trainee, registrant, or firearms trainer who does any Public Hearing: of the following may have his license, trainee permit, (b) In addition to the requirements of 12 NCAC 07D .0200, an registration, or firearms trainer certificate revoked or suspended: applicant for a polygraph license that is the spouse of an active (1) Displays or causes or allows to be displayed, duty member of the U.S. Armed Forces shall establish to the or has in his possession any cancelled, Board's satisfaction: revoked, suspended, fictitious, fraudulently (1) the spouse holds a current license, certification altered license, trainee permit, registration or registration from another jurisdiction and identification card, or firearms trainer the other jurisdiction's requirements are certificate, or any document simulating, substantially equivalent to or exceed the purporting to be, or purporting to have been Board's requirements; and issued as a license, trainee permit, registration (2) the spouse has two years verifiable experience identification card, or firearms trainer within the past five years performing certificate; polygraph examinations. (2) Lends his license, trainee permit, registration (c) Applicants for a polygraph license may take the examination identification card, or firearms trainer required in Subparagraph (a)(1) of this Rule no more than twice certificate to any person or allows the use in any calendar year. Any applicant who fails the polygraph thereof by another; examination four times shall retake the polygraph school course (3) Displays or represents any license, trainee of instruction required in Paragraph (a)(2) of this Rule before permit, registration identification card, or taking the polygraph examination again. firearms trainer certificate not issued to him as (d) Polygraph operators who are duly licensed in another state being his license, trainee permit, registration may perform up to three examinations in this state without being identification card, or firearms trainer licensed, provided that those examinations are for the purpose of certificate; or an evaluation of that examiner and provided that the Director has (4) Includes in any advertisement a statement given authorization for this evaluation in advance. which implies official state authorized certification or approval other than this Authority G.S. 74C-5; 93B-15.1. statement: "Licensed by the Private Protective Services Board of the State of North 12 NCAC 07D .0502 POLYGRAPH TRAINEE Carolina." Licensees must include their license PERMIT REQUIREMENTS number. In addition to the requirements of 12 NCAC 07D .0200, the (b) In addition to the prohibited acts set forth elsewhere in these following requirements shall apply to polygraph trainees: Rules and in Chapter 74C of the General Statutes, it shall be (1) The applicant shall successfully complete a grounds for application denial or license registration suspension formal course of instruction at any polygraph or revocation for an applicant, licensee, trainee, registrant or school approved by the American Polygraph trainer to make any false statement or give any false information Association Association, the American to a third party in connection with any criminal history record Association of Police Polygraphists or the check provided to the Board. Board; (2) The applicant shall be directly supervised by a Authority G.S. 74C-5; 74C-8.1; 74C-12; 74C-16. polygraph examiner approved by the Board and that examiner shall supervise no more than SECTION .0500 – POLYGRAPH 3 trainees at any given time; (3) An individual currently enrolled in a 12 NCAC 07D .0501 EXPERIENCE REQUIREMENTS polygraph school may conduct examinations FOR A POLYGRAPH LICENSE as a part of the course curriculum provided (a) In addition to the requirements of 12 NCAC 07D .0200, such examinations are on school premises, applicants for a polygraph license shall: under the direct one-on-one supervision of a (1) pass an examination and a performance test polygraph licensee, and the school provides, in administered by a panel of polygraph writing, a notice to the client that such examiners designated by the Board; examinations are being conducted by students (2) successfully complete a course of instruction and not by licensed polygraph examiners. The at any polygraph school approved by the school shall maintain a copy of such written American Polygraph Association, the notification; American Association of Police Polygraphist (4) Trainees who wish to apply for a license must or the Board; and submit an application to the Board in (3) have either: accordance with 12 NCAC 07D .0201. (A) one year of polygraph experience; or Applicants meeting license qualifications (B) complete at least six months of within one year of the issuance of a trainee training as a holder of a polygraph permit shall not be required to pay an trainee permit, and have administered additional application fee; no less than 50 polygraph (5) Any request for renewal of a trainee permit or examinations; or for issuance of a polygraph license shall be (4) establish to the Board's satisfaction a military accompanied by an evaluation report of the occupational specialty and two years of trainee's performance submitted by the verifiable experience within the past five years trainee's supervisor; and in the U.S. Armed Forces performing (6) In addition to the final evaluation report, polygraph examinations. supervisors shall submit a minimum of five monthly evaluation reports on a checklist race, except where there is specific relevancy provided by the Board. to an investigation. (9) Each chart shall be signed by the examinee Authority G.S. 74C-5. and the examiner, at the end of the chart before the end of the recording; recording if using an 12 NCAC 07D .0503 POLYGRAPH EXAMINATION analog instrument or not retaining electronic REQUIREMENTS copies of the charts for the specified three year Polygraph licensees and trainees shall comply with the period. Retaining reproducible electronic following: shall: copies of all charts noting the names of the (1) Obtain written consent from the individual to examiner and examinee as well as the date and be examined which shall be signed in the time of testing will also meet the requirements presence of both the examiner and examinee. of this Rule. examiner. The consent form shall include a (10) An examiner shall conduct no more than ten statement advising the examinee that he may five examinations in a 24 hour period; and terminate the examination at any time; period. (2) A printed or reproducible electronic copy of (11) For adequate auditing of polygraph examiners each chart collected as well as documents each examiner shall keep a daily log of associated with the examination such as examinations. reports, question sets and signed consent forms shall be retained by the examiner for a Authority G.S. 74C-5. minimum of three years. The examiner shall record, at a minimum, the following information: Each chart shall be kept by the 12 NCAC 07D .0504 POLYGRAPH INSTRUMENTS examiner. The examiner shall label the (a) A polygraph examiner shall not conduct an examination beginning of the first chart with the following unless the instrument used makes a simultaneous recording of at information: least three physiological tracings including: the pneumograph, (a) name of the examinee, the cardiophygmograph, and the galvanograph. including the (b) date of the examination, pneumo cardio and electrodermal changes. This recording must (c) type of examination, be in a form suitable for examination review by another (d) time the examination started, polygraph examiner. Such recordings shall be available to the (e) location of the examination, and Board or its designated representative. This requirement shall (f) name and license number of the not prohibit recording additional physiological phenomenon on examiner. the same charts. This requirement may be completed by (b) A polygraph examiner shall not conduct an examination on labeling the beginning of the first printed chart an instrument unless the manufacturer has provided information by hand, or by entering the information into for self-calibration and sensitivity standards for that instrument. the electronic polygraph file. A polygraph examiner shall calibrate his instrument at least (3) The examiner shall give the examinee a monthly and keep a signed and dated record of the dates of reasonable opportunity to explain reactions on calibration as well as a signed and dated chart of that calibration. the charts charts. examiner has ensured the instrument is properly functioning. (4) The examiner shall not issue or permit an (c) A polygraph examiner shall: employee of his to issue an examination report (1) complete a functionality check or calibration which is misleading, biased, or falsified; of the instrument at time intervals that comply falsified. with the manufacturer's recommendations; and (5) Each examination report shall be a factual, (2) maintain a signed and dated record of the impartial, and objective account of the charts collected during the functionality check pertinent information developed during the or calibration for a period of three years. examination and the examiner's professional conclusion, based on the analysis of the charts; Authority G.S. 74C-5. charts. (6) All questions to be considered for chart SECTION .1300 – CONTINUING EDUCATION analysis shall be documented in writing or an electronic question set and shall be reviewed 12 NCAC 07D .1302 REQUIRED CONTINUING with the examinee prior to any testing; testing. EDUCATION HOURS (7) An examiner shall not make a conclusive Each licensee shall complete at least 12 credit hours of verbal or written examination report without continuing education training during each two year renewal having administered two or more tests charts period. Credit shall be given only for classes that have been consisting of the same questions; and approved by the Board. Board as set forth in Rule .1303 of this questions. Section. A licensee who attends a complete meeting of a (8) An examiner shall not inquire into the sexual regularly scheduled meeting of the Private Protective Services conduct or preferences of a person to whom a Board shall receive one credit hour two credit hours for each polygraph examination is being given unless meeting that the licensee attends, with credit being given for a pertinent to an alleged sex-related crime, nor maximum of two meetings per year with no more than four shall an examiner inquire into the activities, credit hours per year and eight credit hours per renewal period. affiliations or beliefs on religion, politics or Authority G.S. 74C-2; 74C-4; 74C-5; 74C-22. objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND facsimile transmission. If you have any further questions COMMISSIONS concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000. CHAPTER 23 – IRRIGATION CONTRACTORS' LICENSING BOARD Fiscal impact (check all that apply). State funds affected Notice is hereby given in accordance with G.S. 150B-21.2 that Environmental permitting of DOT affected NC Irrigation Contractors' Licensing Board intends to adopt the Analysis submitted to Board of Transportation rule cited as 21 NCAC 23 .0105 and amend the rules cited as 21 Local funds affected NCAC 23 .0206-.0207 and .0505. Substantial economic impact (≥$1,000,000) Agency obtained G.S. 150B-19.1 certification: No fiscal note required by G.S. 150B-21.4 OSBM certified on: RRC certified on: SECTION .0100 – LICENSING Not Required 21 NCAC 23 .0105 ETHICS It shall be unethical to defame competitors by falsely imputing Link to agency website pursuant to G.S. 150B-19.1(c): to them dishonorable conduct or competency. A licensee may www.nciclb.org be disciplined by the Board upon a showing of such defamation or harassment. Proposed Effective Date: April 1, 2014 Authority G.S. 89G-5. Public Hearing: Date: January 16, 2014 SECTION .0200 – HEARING RULES OF THE NORTH Time: 9:30 a.m. CAROLINA IRRIGATION CONTRACTORS LICENSING Location: 4300 Reedy Creek Road, Raleigh, NC 27607 BOARD
Reason for Proposed Action: 21 NCAC 23 .0206 CONDUCT OF HEARING 21 NCAC 23 .0105 – Like other self-regulating professional (a) Hearings in contested cases shall be conducted by a majority boards, the Board seeks to ensure the ethical integrity, of the Board. Board or referred to the Office of Administrative transparency and accountability of its licensees in the course of Hearings pursuant to The chair shall serve as presiding officer their business conduct. unless he is absent or disqualified, in which case the vice chair 21 NCAC 23 .0206 – The Board proposes to amend this rule in shall preside. Hearings shall be conducted as prescribed in G.S. order to allow the Board to elect to refer contested cases to 150B-40. OAH for disposition as allowed under G.S. 150B-40(e). The (b) Disqualification. An affidavit seeking disqualification of rule currently requires that all contested cases be heard only by any Board member, if filed in good faith an in a timely manner, a majority of the Board. shall be ruled on by the remaining members of the Board. An 21 NCAC 23 .0207 – The intension is to allow the Board affidavit is considered timely if it is filed: additional flexibility in the timely issuance of final agency (1) Prior to the hearing; or decisions, insofar as they meet the requirements of the (2) As soon after the commencement of the Administrative Procedures Act. This additional flexibility is hearing as the affiant becomes aware of facts necessary as the Board continues to hold regular Board which give rise to his belief that a Board meetings on a monthly basis. member should be disqualified. 21 NCAC 23 .0505 – These amendments are proposed in order (c) Evidence. The admission of evidence in a hearing in a to reflect the increasing diversity in accepted industry practice contested case shall be as prescribed in G.S. 150B-41. in the treatment of the specified components. Authority G.S. 89G-5; 150B-38. Comments may be submitted to: Barbara Geiger, P.O. Box 41421, Raleigh, NC 27629 21 NCAC 23 .0207 DECISION OF BOARD (a) The form and content of the Board's decision in a contested Comment period ends: January 31, 2014 case shall be as prescribed by G.S. 150B-42(a), and its decision shall be served upon the parties in a manner consistent with the Procedure for Subjecting a Proposed Rule to Legislative statute. Review: If an objection is not resolved prior to the adoption of (b) At the conclusion of the hearing and deliberations, the Board the rule, a person may also submit written objections to the shall announce its findings of fact and conclusions of law. If the Rules Review Commission after the adoption of the Rule. If the Board concludes that the hearing respondent has violated a Rules Review Commission receives written and signed provision of the rules in this Chapter or of G.S. 89G, it shall objections after the adoption of the Rule in accordance with G.S. announce the nature and extent of any sanction it orders be 150B-21.3(b2) from 10 or more persons clearly requesting imposed upon the hearing respondent. The Board may then review by the legislature and the Rules Review Commission direct its legal counsel, the respondent's counsel, if represented, approves the rule, the rule will become effective as provided in or such independent legal counsel as may be provided by the G.S. 150B-21.3(b1). The Commission will receive written North Carolina Department of Justice for the purpose of advising (g) The bottom of the trench shall be smooth and provide a flat the Board in the course of that hearing, to draft a proposed order bed on which to rest the pipe. consistent with its announcement. The person tasked with (h) The irrigation contractor shall clean backfill material of any drafting the order shall submit the original to the Board's debris that may damage the pipe. administrator and a copy to all other counsel participating in the (i) If a utility, man-made structure or roots create an hearing at least 10 days prior to the Board's next regularly unavoidable obstacle which makes the 12 inch depth coverage scheduled meeting. The Order shall be drafted in accordance requirement impractical, the piping shall be installed inside a with G.S. 150B-42. larger section of pipe for added protection. (c) The official record of the hearing in a contested case shall (j) When swing joints are used, the depth of the pipe must allow contain those items specified in G.S. 150B-42(b). the swing joint to operate as designed. (k) All trenches and holes created during installation of an Authority G.S. 89G-5; 150B-38. irrigation system must be backfilled and compacted to the final grade. The trench shall be compacted in lifts no greater than six SECTION .0500 – IRRIGATION SYSTEM inches to insure proper compaction. INSTALLATION MINIMUM STANDARDS (l) All new irrigation systems that are installed using PVC shall be cleaned with a PVC pipe cleaner or primer on male and 21 NCAC 23 .0505 TRENCHING AND PIPING female ends prepared according to manufacture r 's (a) All portions of an irrigation system that do not meet the recommendations prior to applying the PVC cement. connection. standards in this Rule must be noted on the record drawing. (m) When the irrigation contractor uses PR 200 pipe, the (b) An irrigation contractor shall protect the root systems of the manufacturer's directions shall be followed. primer shall not be trees on the site by not trenching across the established root used. systems of existing trees and shrubs. (n) The irrigation contractor shall use the manufacturer's (c) When the irrigation contractor finds that it is necessary to approved lubricant. trench into the root zone of an established plant, trenching shall (o) The irrigation contractor shall use Teflon tape on all be done so that the trench is at a right angle to the base of the threaded fittings, wrapping the tape three times to insure a tree or shrub. proper seal. (d) An irrigation contractor shall cut damaged roots cleanly at a (p) When the irrigation system uses reclaimed water the right angle. irrigation contractor shall use purple pipe or mark the pipe with (e) Piping in irrigation systems must be designed and installed purple tape placed above all piping in the system. Tape must be so that the flow of water in the pipe will not exceed a velocity of within six inches of the top of the pipe. The irrigation contractor five feet per second for polyvinyl chloride (PVC), polyethylene shall use purple valve box covers and purple quick coupler flaps (PE) and high density polyethylene (HDPE) pipe and seven feet and place an eight inch by eight inch sign with purple per second for metal pipe. background stating "RECLAIMED WATER-DO NOT DRINK," (f) The main line and lateral line piping must be installed to and "AQUA DE RECUPERION-NO BEBER." provide a minimum of 12 inches between the top of the pipe and the natural grade. Authority G.S. 89G-5. APPROVED RULES Sunfish 15A NCAC Trout 15A NCAC This Section includes a listing of rules approved by the Rules Review Commission followedWalleye by the full text 15A NCAC of those rules. The rules that have been approved by the RRC in a form different fromWhite that originally Bass 15A NCAC noticed in the Register or when no notice was required to be published in the RegisterWhite are identified Perch by an * 15A NCAC in the listing of approved rules. Statutory Reference: G.S. 150B-21.17. Yellow Perch 15A NCAC Safety Equipment 15A NCAC Rules approved by the Rules Review Commission at its meeting on October 17, 2013. DENTAL EXAMINERS, BOARD OF Equipment 21 NCAC Clinical Requirements and Equipment 21 NCAC REGISTER CITATION Off Site Use of Sedation Permits 21 NCAC TO THE Annual Renewal Required 21 NCAC HEARING AID DEALERS AND FITTERS BOARD NOTICE OF TEXT Visual Inspection and Hearing Test 21 NCAC MEDICAL BOARD BANKS, OFFICE OF THE COMMISSIONER OF Reinstatement of Physician License 21 NCAC Definitions 04 Application of Resident's Training License 21 NCAC Appointment of Appellate Panel 04 Application for Medical School Faculty 21 NCAC Definitions 04 License Application for a License 04 Special Purpose License 21 NCAC Revocation or Cancellation of Surety Bond 04 Scope of Practice Under Limited Volunteer 21 NCAC Impairment of Minimum Net Worth 04 License and... Record and Bookkeeping Requirements 04 Application for Limited Volunteer License 21 NCAC Application for Retired Limited Volunteer 21 NCAC Examination Fee 04 License Expedited Application for Physician 21 NCAC Definitions 04 License Process for Approval to Practice 21 NCAC Posting of Fees 04 Inactive Status 21 NCAC Exemption from License 21 NCAC Books and Records 04 NURSING, BOARD OF Issuance of a License by a Compact Party 21 NCAC Report of Information to Commissioner for 04 State the... Process for Approval to Practice 21 NCAC SHERIFFS EDUCATION AND TRAINING STANDARDS COMMISSION Inactive Status 21 NCAC Administration of Justice Officer Schools 12 and... WILDLIFE RESOURCES COMMISSION The following rule is subject to the next Legislative Black Bass 15A Session. (See G.S. 150B-21.3) Crappie 15A FUNERAL SERVICE, BOARD OF Flounder, Sea Trout and Red Drum 15A Fees and Other Payments 21 NCAC Kokanee Salmon 15A Muskellunge 15A Pickerel 15A TITLE 04 – D Roanoke and rock bass 15A DEPARTMENT OF EF COMMERCE IN Sauger 15A IT Shad 15A 04 NCAC 03B .0219 IO Striped Bass 15A NS APPROVED RULES As used in this Subchapter: means the Eff. August 1, 2004; securities of (1) "Appellate North Amended Eff. November 1, the panel" Carolina 2013. applicant or means an Rules of licensee, or appellate Civil 04 NCAC 03F .0201 who has the review Procedure, power to panel G.S. 1A-1, D direct the appointed et seq., as EF managemen pursuant to the same IN t and policy G.S. 53C-2- may be IT of the 6(b). amended IO applicant or (2) "Commissi from time NS licensee; on" means to time. (a) As used in this (4) "Executive the North (8) Terms used Subchapter, unless the officer" Carolina herein context clearly requires shall have State which are otherwise: the same Banking defined by (1) "Agent" meaning as Commissio G.S. 150B shall mean set forth in n. shall be a person, Regulation (3) "Commissi defined as partnership, "O," oner" in G.S. corporation, promulgate means the 150B. or other d by the North entity Board of Carolina History Note: Authority authorized Governors Commissio G.S. 53C-2- by a of the ner of 5; 53C-2-6; licensee to Federal Banks. Eff. August 1, 2004; sell or issue Reserve (4) "Court" Amended Eff. November 1, checks of System and means a 2013. the licensee codified in North in this State the Code of Carolina 04 NCAC 03B .0301 as a service Federal District or or for a fee Regulations Superior AP or other at Title 12, Court. P consideratio Chapter II, (5) "Day" OI n on the Subchapter means a N behalf of A, Part calendar T the 215.2; day, other M licensee; (5) "Location" than a E (2) "Applicant" shall mean Saturday, N shall mean any place of Sunday or T a person business North O who applies within this Carolina F for a license State state APPELLATE PANEL under the operated by holiday. In the event the Chairman of Money the licensee (6) "Hearing the Commission, pursuant to Transmitter or the officer" G.S. 53C-2-6(b) appoints an s Act; licensee's means the appellant panel to consider an (3) "Controllin agent at Commissio appeal and make a g person" which ner or an recommended decision to the shall mean checks of individual State Banking Commission, any person the licensee appointed the Commissioner's staff shall as defined are issued by the send all parties written notice in G.S. 53- or sold; Commissio of that appointment. 208.2(16) (6) "Money ner who owns Transmitter pursuant to History Note: Authority or holds s Act" shall G.S. 53C-2- G.S. 53C-2-1(e); 53C-2-6(b); with the mean the 6(c). 53-215; 53-224.30; 53-231; power to Money (7) "Rules of 53-232.17; 53-244.121; 53- vote 10% or Transmitter Civil 252; 53-272; 53-289; 53- more of the s Act Procedure" 350; 53-410; 53-412(d); equity codified at 26 APPROVED RULES Chapter 53, F C Amended Eff. November 1, Article 16A O A 2013; June 1, 1995. of the North R TI Carolina A O General LI N Statutes C O (G.S. 53- E R 04 NCAC 03F .0508 208.1,et NS CANCELLATION OF seq.); E SU IM (7) "State" (a) Any person who wishes R PA shall mean to sell or issue checks in this ET IR the State of State pursuant to the Money Y M North Transmitters Act must first B E Carolina; obtain a license issued by O N (8) Terms the Commissioner. An N T defined in application for a license can D O G.S. 53- be obtained from and shall (a) No later than 30 days F 208.2 shall be filed pursuant to Rule . after the renewal of its surety MI have the bond, a licensee shall file NI 0201(b) of this Subchapter. same pursuant to Rule .0201(b) of M (b) An application for a meaning in this Subchapter: U this Money Transmitters' license (1) a certificate M Subchapter. shall include information of NET WORTH (b) An application for a required by G.S. 53-208.5 continuatio A licensee shall notify the license, amendment to the through G.S. 53-208.10 of n of the Commissioner in writing if, at application, annual statement, Chapter 53, Article 16A. surety bond any time, it fails to meet the notice, or any other document The application must be required by minimum net worth which is required by law or submitted on a form G.S. 53- requirement of G.S. 53- rule to be filed with the provided by the 208.8; or 208.5(a). The notification Commissioner shall be Commissioner. (2) evidence of shall be accompanied by a addressed as follows: (c) In addition to the continued plan to restore the minimum Mailing Address: documents and information compliance net worth. Office of the Commissioner listed in Paragraph (b) of with G.S. of Banks this Rule, the Commissioner 53-208.8(b) History Note: Authority 4309 Mail Service Center may require additional which shall 53-208.5; Raleigh, North Carolina information necessary to consist of a 53-208.27; 27699-4309. complete an investigation safekeeping Eff. February 1, 1993; pursuant to G.S. 53-208.10. receipt Amended Eff. November 1, Street Address: (d) Incomplete application received 2013. Office of the Commissioner files shall be closed and directly of Banks from the 04 NCAC 03F .0601 deemed denied without 316 West Edenton Street trustee of prejudice when the applicant Raleigh, North Carolina securities R 27603 has not submitted with a par E information requested by the value equal C History Note: Authority Commissioner within 30 to the O G.S. 53- days of such request. amount of R 208.27; the surety D Eff. February 1, 1993; History Note: Authority bond in A Amended Eff. November 1, G.S. 53- G.S. 53- N 2013; September 1, 2006; 208.3; 53- 208.8. D June 1, 1995. 208.27; (b) A licensee shall notify the B Eff. February 1, 1993; Commissioner in writing of O 04 NCAC 03F .0301 Amended Eff. November 1, revocation or cancellation of O 2013. its surety bond furnished K AP pursuant to G.S. 53-208.8. K PL 04 NCAC 03F .0506 EE IC History Note: Authority PI A R 53-208.8; N TI E 53-208.27; G O V Eff. February 1, 1993; REQUIREMENTS N O APPROVED RULES (a) Licensee. Each licensee Amended Eff. November 1, upon power to shall maintain at an office 2013. presentation vote 10% or information required by G.S. of more of the 53-208.16(a) of Chapter 53, 04 NCAC 03L .0101 documentati equity Article 16A. on such as securities of (b) Authorized delegate. D securities) an applicant Each authorized delegate EF payable on or licensee, shall maintain at its office a IN demand and or who has record of the disposition of all IT drawn on a the power transactions or monetary IO bank. The to direct the instruments received from the NS term managemen licensee. The record shall (a) As used in this "check" t and policy contain an accounting of all Subchapter unless the context may also of the proceeds from those or the language of G.S. 53, include any licensee. transactions or monetary Article 22 indicates a contrary cashier's (7) "Draft" instruments paid to the intention, the following check or shall mean licensee and all proceeds due definitions shall apply: teller's a written to the licensee. (1) "Any one check or order to pay maker" other check, money History Note: Authority shall mean draft, or signed by 53-208.16; any single money one person, 53-208.20; signatory order, but the drawer 53-208.27; on a shall not who signs Eff. February 1, 1993; personal include the Amended Eff. November 1, checking travelers document, 2013. account. checks or to another (2) "Branch foreign person, the 04 NCAC 03F .0602 location" denominati drawee. shall mean on payment (8) "Liquid E any instruments. assets" shall X location, (5) "Conspicuo mean cash, A including a usly posted" bank MI mobile unit, shall mean deposit N but not the placed in accounts, A principal plain public and money TI place of view in market O business, such a accounts or N where the location and similar FE licensee in such a property E holds itself way and of owned by Each licensee shall pay the out to the such form the cost of an examination public as and size and applicant or conducted by the engaging in typeface licensee, Commissioner or his designee a check- that any plus pursuant to G.S. 53-208.15. cashing person undeposited The cost of such examination business. seeking the checks shall be the hourly rate (3) "Business services of cashed by a established pursuant to 04 day" shall a licensee licensee, NCAC 03C .1601 plus travel mean a could easily less any expenses and the per diem calendar see and read returned subsistence allowance day, other the contents checks provided for State employees than of the doubtful of pursuant to G.S. 138-5 Saturday, posted collection through G.S. 138-7, and any Sunday or notice. and cash rules promulgated thereunder. holiday. (6) "Controllin remittances (4) "Check" g person" due others. History Note: Authority shall mean shall mean (9) "Location" 53-208.15; a draft any person shall mean 53-208.27; (other than who owns any place of 53-282(c); a draft or holds business Eff. February 1, 1993; payable with the where 28 APPROVED RULES check- of any (a) The notice of fees each cashing licensee. required by G.S. 53-280(c) transaction; activity is (12) "Principal shall be clear, legible, and in (2) the written conducted. place of bold and blocked letters and receipt (10) "Mobile business" numbers not less than one required by unit" shall shall mean inch in height. The G.S. 53- mean a the location information shall be posted in 282(b); and vehicle or where the a conspicuous location in the (3) the bank other licensee unobstructed view of the statements movable holds itself public within the check of the means from out to the casher's premises. licensee. If which the public as (b) A licensee shall file with the business of engaging in the Commissioner on paper 8 statements check a check 1/2 x 11 inches a scaled are not cashing is cashing duplicate of the notice maintained conducted. business required by G.S. 53-280(c) on the (11) "Principal" and which and Paragraph (a) of this premises of shall mean the licensee Rule. the licensee, any person has they must who declared to History Note: Authority be made controls the G.S. 53C-2-1; 53C-2-2; 53- available directly, or Commissio 280; 53-288; upon indirectly ner to be its Eff. July 1, 2000; request by through one main site of Amended Eff. November 1, the Office or more business 2013. of the intermediari operations. Commissio es, alone or (13) "Receipt" 04 NCAC 03L .0501 ner of in concert shall mean Banks. with others, a written B (b) These records shall be a 10% or record of O maintained at each business greater the check- O location and shall be made interest in a cashing KS available by the close of partnership, transaction. A business on the next business company, (b) Unless a term is defined N day upon request to the association herein or in G.S. 53, Article D Commissioner of Banks or or 22, that term shall have the R his designee for inspection or corporation; meaning given it, if any, by E examination for a period of the owner Article 3 "Negotiable C not less than three years from of a sole Instruments" of Chapter 25, O the date of final entry. proprietorsh North Carolina Uniform R (c) No books or records of ip; any Commercial Code. DS the licensee required natural (a) Each check-cashing hereunder shall show any person History Note: Authority business licensed by the account or reflect any acting with G.S. 53C-2- Commissioner of Banks shall transaction other than those apparent 1; 53C-2-2; record all transactions of related to the check-cashing authority 53-288; receipts and disbursements business within the provisions for or on Eff. July 1, 2000; pertaining to checks cashed. of the Check-Cashing behalf of an Amended Eff. November 1, All entries shall be made as of Businesses Act. owner, 2013. the exact date the transactions (d) Books and records officer, occur. A licensee shall retained by a licensee which member, or maintain books and arise from or relate to a prior director of a 04 NCAC 03L .0403 accounting records which accounting period may be licensee; or shall include, at a minimum: maintained in the form of any natural P (1) a daily magnetic tape, magnetic disk, person who OS transaction or other form of computer, directs the TI journal, or electronic or microfilm media performanc N equivalent available for examination on e of other G record, the basis of computer printed employees O which shall reproduction, video display, as manager F show the or other medium so long as of a branch FE customer's any books and records kept in ES name for such manner are convertible APPROVED RULES into legible, tangible Repealed Eff. November 1, 27692, or at daily creel limit for Black documents within 72 hours of 2013. http://ncdoj.gov/About- Bass less than 14 inches. The request of the Commissioner. DOJ/Law-Enforcement- daily creel limit for Black The time for such conversion Training-and- Bass greater than 14 inches is may be extended if the TITLE 12 – Standards/Criminal-Justice- five fish. Commissioner determines DEPARTMENT OF Education-and-Training- (d) The minimum size limit that the burden to the licensee JUSTICE Standards/Training- for Black Bass is 14 inches, of such conversion exceeds Certification-Programs.aspx. with no exceptions in: the benefit to the 12 NCAC 10B .0702 (1) Lake Commissioner and the public. History Note: Authority Raleigh in History Note: Authority A G.S. 17E4; Wake G.S. 53C-2-1; 53C-2-2; 53- D Eff. January 1, 1989; County; 282; 53-288; MI Amended Eff. January 1, (2) Lake Eff. July 1, 2000; NI 1996; January 1, 1990; Mattamuske Amended Eff. November 1, ST Temporary Amendment Eff. et and 2013. R March 1, 1998; associated A Amended Eff. November 1, canals in TI 2013; August 1, 1998. Hyde O County; 04 NCAC 03L .0604 N (3) Pungo Lake O TITLE 15A – in R F DEPARTMENT OF Washington EP JU ENVIRONMENT AND and Hyde O ST NATURAL RESOURCES counties; R IC (4) New Lake T E 15A NCAC 10C .0305 in Hyde O OFFICER SCHOOLS County; F The rules covering the BL (5) and the IN administration of Criminal A Currituck, F Justice Schools and training C Roanoke, O programs or courses of K Croatan and R instruction, codified as Title B Albemarle M 12, Subchapter 9B, Section . AS sounds and A 0200 of the North Carolina S all their TI Administrative Code, (a) The daily creel limit for tributaries O effective and previously Largemouth, Smallmouth and including N adopted by the North Spotted Bass — collectively Roanoke T Carolina Criminal Justice known as Black Bass — is River O Education And Training five fish, except in waters downstream COMMISSIONER FOR Standards Commission are identified in Paragraphs (b) of Roanoke T hereby incorporated by and (c) of this Rule. There is Rapids H reference and shall no minimum size limit for Dam, E automatically include any these fish, but only two of Chowan G later amendments and them may be less than 14 River, E editions of the incorporated inches except in waters Yeopim N material to apply to actions of identified in Paragraphs (b), River, E the North Carolina Sheriffs' (c), (d), (e), (f), (g), (h), (i), (j) Pasquotank R Education and Training and (k) of this Rule. There is River, A Standards Commission with no closed season, except for Perquimans L the exception of the Detention waters identified in Paragraph River, AS Officer Certification Course (k) of this Rule. North SE and the Telecommunicator (b) In Lake Cammack in River, M Certification Course. Copies Alamance County and Lake Northwest BL of the incorporated materials Holt in Granville County the River, Y may be obtained at no cost daily creel limit for Scuppernon from the Criminal Justice Largemouth Bass is 10 fish g River and History Note: Authority Standards Division, North and no more than two fish Alligator G.S. 53-92; Carolina Department of greater than 14 inches may be River 53-93; Justice, 1700 Tryon Park possessed. (including Eff. July 1, 2000; Drive, Post Office Drawer (c) In Lake Santeetlah in the 149, Raleigh, North Carolina Graham County, there is no Alligator/Pu 30 APPROVED RULES ngo Canal History Note: Authority C (3) Pee Dee east of the G.S. 113-134; 113-292; 113- R River from NC Hwy 304; 113-305; AP Blewett 264/45 Eff. February 1, 1976; PI Falls Dam bridge). Temporary Amendment Eff. E to the South (e) In Cane Creek Lake in May 10, 1990, for a period of (a) There is no daily creel Carolina Union County, and Buckhorn 180 days to expire on limit for Crappie, except for state line; Reservoir in Wilson and Nash November 1, 1990; waters identified in (4) High Rock counties, the minimum size Temporary Amendment Eff. Paragraphs (b), (c), and (d) of Lake; limit for Largemouth Bass is May 22, 1990, for a period of this Rule. There is no (5) Tuckertown 16 inches, with no exceptions. 168 days to expire on minimum size limit for these Lake; (f) In Lake Phelps the November 1, 1990; fish, except for waters (6) Badin Lake; minimum size limit is 14 Temporary Amendment Eff. identified in Paragraphs (c) (7) Falls Lake inches, with no exceptions, May 1, 1991, for a period of and (d). There is no closed (Stanly and and no fish between 16 and 180 days to expire on season. Montgomer 20 inches may be possessed. November 1, 1991; (b) In Buckhorn Reservoir in y counties); (g) In Shearon Harris Amended Eff. July 1, 1994; Wilson and Nash counties the (8) Lake Reservoir, there is no July 1, 1993; October 1, daily creel limit is 20 fish. Tillery; minimum size limit for Black 1992; (c) In the following waters, (9) Blewett Bass, but only two Black Temporary Amendment Eff. the daily creel limit is 20 fish Falls Lake; Bass less than 14 inches and December 1, 1994 for a and the minimum size limit is (10) Lake no Black Bass between 16 period of 180 days or until 10 inches: Norman; and 20 inches may be the permanent rule becomes (1) B. Everett (11) Lake Hyco; possessed. effective, whichever is Jordan (12) Lake (h) In Randleman Reservoir, sooner; Reservoir, Ramseur; there is no minimum size Amended Eff. July 1, 1998; (2) Roanoke (13) Cane Creek limit for Largemouth Bass, July 1, 1997; July 1, 1996; River and Lake; but only two Largemouth July 1, 1995; its (14) Tar River Bass less than 14 inches and Temporary Amendment Eff. tributaries downstream only one Largemouth Bass November 1, 1998; downstream of Tar River greater than 20 inches may be Amended Eff. April 1, 1999; of Roanoke Reservoir possessed. Temporary Amendment Eff. Rapids Dam; (i) In Lake Thom-A-Lex in July 1, 1999; dam, (15) Neuse Davidson County, the Amended Eff. July 1, 2000; (3) Cashie River minimum size limit for Black Temporary Amendment Eff. River and downstream Bass is 18 inches with no July 1, 2001; its of Falls exceptions. Temporary Amendment Eff. tributaries, Lake Dam; (j) In the Alleghany County March 8, 2002 [This rule (4) Middle (16) Haw River portion of New River replaces the rule proposed River and downstream downstream of Fields Dam for permanent amendment its of Jordan (Grayson County, Virginia) effective July 1, 2002 and tributaries, Lake Dam; there is no minimum size approved by RRC in May and (17) Deep River limit for Black Bass, but no 2001]; (5) Eastmost downstream fish between 14 and 20 inches Amended Eff. August 1, 2002 River and of Lockville in length may be possessed (approved by RRC in April its Dam; and only one Black Bass 2002); tributaries. (18) Cape Fear greater than 20 inches may be Temporary Amendment Eff. (d) In the following waters, River; possessed. June 1, 2003; the daily creel limit is 20 fish (19) Waccamaw (k) In Sutton Lake, the Amended Eff. June 1, 2004 and the minimum size limit is River minimum size limit for Black (this amendment replaces the eight inches: downstream Bass is 14 inches with no amendment approved by RRC (1) South of Lake exceptions and no Black Bass on July 17, 2003); Yadkin Waccamaw may be possessed from Amended Eff. November 1, River Dam; December 1 through March 2013; August 1, 2012; March downstream (20) Lumber 31. 1, 2012; August 1, 2011; of River (l) For purposes of this Rule, August 1, 2010; May 1, 2009; Cooleemee including creel limits apply to July 1, 2008; May 1, 2008; Dam; Drowning Largemouth, Smallmouth and May 1, 2007; May 1, 2006; (2) Yadkin Creek; Spotted Bass in aggregate June 1, 2005. River (21) all other unless otherwise specified. downstream public 15A NCAC 10C .0306 from Idols fishing Dam; waters east APPROVED RULES of Interstate Fisheries Director in adjacent C SA 95, except joint or coastal fishing waters. K U Tar River E G Reservoir in History Note: Authority R E Nash G.S. 113-134; 113-292; 113- EL R County, 304; 113-305; There is no daily creel limit The daily creel limit for Sutton Lake Eff. November 1, 2013 and no minimum size limit Sauger is eight fish. The in New for Pickerel (Chain and minimum size limit for these Hanover 15A NCAC 10C .0308 Redfin). There is no closed fish is 15 inches. There is no County, and season for Pickerel. closed season for Sauger. waters K listed in O History Note: Authority History Note: Authority Paragraph K G.S. 113- G.S. 113- (c) of this A 134; 113- 134; 113- Rule; and N 292; 292; (22) all public EE Eff. November 1, 2013. Eff. November 1, 2013. waters west SA of Interstate L 15A NCAC 10C .0311 15A NCAC 10C .0313 77. M For waters in Subparagraphs O R SH (14) through (22), the N O A restrictions apply to all The daily creel limit for A D tributaries. Kokanee Salmon is seven N (A fish. There is no minimum O M History Note: Authority size limit for these fish. K E G.S. 113- There is no closed season for E RI 134; 113- Kokanee Salmon. A C 292; N A Eff. November 1, 2013. History Note: Authority D N G.S. 113- R A 15A NCAC 10C .0307 134; 113- O N 292; C D FL Eff. November 1, 2013. K HICKORY) O B (a) The daily creel limit for U 15A NCAC 10C .0309 AS American and Hickory Shad N S in the aggregate is 10 fish, D M (a) There is no daily creel except for waters identified in E US limit and no minimum size Paragraphs (b), (c) and (d) of R, K limit for Roanoke and Rock this Rule. There is no SE EL Bass, except for waters minimum size limit for these A L identified in Paragraph (b) of fish. There is no closed T U this Rule. There is no closed season, except for waters R N season for Roanoke and Rock identified in Paragraph (e) of O G Bass. this Rule. U E (b) In all public fishing (b) In the inland waters of T, The daily creel limit for waters east of Interstate 77, Roanoke River, Neuse River, A Muskellunge is one fish. The the daily creel limit for and their tributaries, the daily N minimum size limit for this Roanoke and Rock Bass is creel limit for American and D fish is 42 inches. There is no two fish in the aggregate and Hickory Shad is 10 in the RED DRUM closed season for the minimum size for these aggregate, only one of which In inland fishing waters, Sea Muskellunge. fish is eight inches. may be an American Shad. Trout (Spotted or Speckled), (c) In the inland waters of the Flounder, and Red Drum History Note: Authority History Note: Authority Cape Fear River and its (also known as Channel Bass, G.S. 113- G.S. 113- tributaries, the daily creel Red Fish or Puppy Drum) 134; 113- 134; 113- limit for American and recreational seasons, size 292; 292; Hickory Shad is 10 in the limits and creel limits are the Eff. November 1, 2013. Eff. November 1, 2013. aggregate, only five of which same as those established in may be American Shad. the Rules of the Marine 15A NCAC 10C .0310 (d) In Roanoke Rapids Fisheries Commission or 15A NCAC 10C .0312 Reservoir, Lake Gaston and proclamations issued by the PI John H. Kerr Reservoir, no 32 APPROVED RULES American Shad may be Lake Rhodhiss; Lake (h) In the inland fishing proclamation issued under possessed. Hickory; and Lookout Shoals waters of the Cape Fear River this authority. (e) The season for taking Reservoir, the daily creel and its tributaries downstream American and Hickory Shad limit on Striped Bass and its of Buckhorn Dam, the season History Note: Authority with bow nets is March 1 hybrids is four in the for taking and possessing G.S. 113-134; 113-292; 113- through April 30. aggregate and the minimum Striped Bass is closed year- 304; 113-305; size limit is 20 inches. round. Eff. November 1, 2013. History Note: Authority (d) In Lake Gaston and (i) In the inland and joint G.S. 113-134; 113-292; 113- Roanoke Rapids Reservoir, fishing waters [as identified 15A NCAC 10C .0315 304; 113-305; the daily creel limit on in 15A NCAC 10C .0107(1) Eff. November 1, 2013. Striped Bass and its hybrids is (e)] of the Roanoke River SU four in the aggregate. The Striped Bass Management NF 15A NCAC 10C .0314 minimum size limit for these Area, which includes the IS fish is 20 inches from October Roanoke, Cashie, Middle and H ST 1 through May 31. There is Eastmost rivers and their (a) For purposes of this Rule, RI no minimum size limit for tributaries, the open season Sunfish include bluegill, PE these fish from June 1 for taking and possessing redbreast, redear, D through September 30. Striped Bass and its hybrids is pumpkinseed, warmouth, flier B (e) In Lake Norman the daily March 1 through April 30 and all other species of the AS creel limit on Striped Bass from the joint-coastal fishing sunfish family S and its hybrids is four in the waters boundary at Albemarle (Centrarchidae) not specified (a) The daily creel limit for aggregate. The minimum size Sound upstream to Roanoke in 15A NCAC 10C .0305, Striped Bass and its hybrids is limit for these fish is 16 Rapids Lake dam. During the 15A NCAC 10C .0306 and eight fish in the aggregate, inches from October 1 open season the daily creel 15A NCAC 10C .0311. except in waters identified in through May 31. There is no limit for Striped Bass and its (b) There is no daily creel Paragraphs (b), (c), (d), (e), minimum size limit for these hybrids is two fish in the limit for Sunfish, except for (f), (g), (h), (i) and (j) of this fish from June 1 through aggregate, the minimum size waters identified in Paragraph Rule. There is no minimum September 30. limit is 18 inches. No fish (c) of this Rule. There is no size limit for these fish, but (f) In Lake Matamuskeet and between 22 inches and 27 minimum size limit for these only two of them may be less in the Pee Dee River and its inches in length shall be fish. There is no closed than 16 inches, except in tributaries downstream from retained in the daily creel season. waters identified in the Blewett Falls Dam to the limit. Only one fish larger (c) In the following waters Paragraphs (b), (c), (d), (e), South Carolina state line, the than 27 inches may be and all their tributaries, the (f), (g), (h), (i) and (j) of this daily creel limit is three fish retained in the daily creel daily creel limit for Sunfish is Rule. There is no closed in the aggregate and the limit. 30 in the aggregate, no more season, except for waters minimum size limit is 18 (j) In designated inland than 12 of which may be identified in Paragraphs (g), inches. fishing waters of Roanoke Redbreast Sunfish: (h), (i), (j) and (k) of this (g) In the inland fishing Sound, Croatan Sound, (1) Roanoke Rule. waters of Neuse, Pungo and Albemarle Sound, Chowan River (b) In the Dan River Tar Pamlico rivers and their River, Currituck Sound, downstream upstream from its confluence tributaries extending Alligator River, Scuppernong of Roanoke with Bannister River to the upstream to the first River, and their tributaries Rapids dam at Union Street in impoundment of the main (excluding the Roanoke River Dam; Danville, VA and in John H. course on the river or its and Cashie River and their (2) Tar River Kerr Reservoir, the daily creel tributaries, and in all other tributaries), Striped Bass downstream limit on Striped Bass and its inland fishing waters east of fishing season, size limits and of Tar River hybrids is two in the Interstate 95 not specified in creel limits are the same as Reservoir aggregate and the minimum Paragraphs (f), (h), (i) and (j) those established by rules or Dam; size limit is 24 inches from of this Rule, the daily creel proclamations of the Marine (3) Neuse October 1 through May 31. limit for Striped Bass and its Fisheries Commission in River From June 1 through hybrids is two fish in the adjacent joint or coastal downstream September 30, the daily creel aggregate. The minimum size fishing waters. of Falls limit on Striped Bass and its limit is 18 inches but no (k) The Executive Director Lake Dam; hybrids is four in the Striped Bass or hybrids may, by proclamation, (4) Haw River aggregate with no minimum between the lengths of 22 suspend or extend the hook- downstream size limit. inches and 27 inches shall be and-line season for Striped of Jordan (c) In the Cape Fear River possessed. In these waters, Bass in the inland and joint Lake Dam; upstream of Buckhorn Dam; the season for taking and waters of coastal rivers and (5) Deep River the Deep River to the first possessing Striped Bass is their tributaries. It is downstream impoundment; the Haw River closed from May 1 through unlawful to violate the of Lockville to the first impoundment; B. September 30. provisions of any Dam; Everett Jordan Reservoir; APPROVED RULES (6) Cape Fear be possessed while fishing season for taking all species AS River; these waters. of fish is the same as the trout S (7) Waccamaw (d) The daily creel limit for fishing season. The daily creel limit for River trout in Delayed Harvest (i) All trout water White Bass is 25 fish. There downstream Trout Waters is seven fish. designations and manners of is no minimum size limit for of Lake There is no minimum size take are set forth in 15A these fish. There is no closed Waccamaw limit for these fish. The NCAC 10C .0205. season for White Bass. Dam; Youth-only Delayed Harvest (8) Lumber Trout Water Season is from 6 History Note: Authority History Note: Authority River a.m. on the first Saturday in G.S. 113- G.S. 113- including June until 12 p.m. that same 134; 113- 134; 113- Drowning day. During this season only 292; 292; Creek; and individuals under the age of Eff. November 1, 2013. Eff. November 1, 2013. (9) all other 16 may fish. From 12 p.m. public on the first Saturday in June 15A NCAC 10C .0317 15A NCAC 10C .0319 fishing until September 30, the waters east Delayed Harvest Trout W W of Interstate Waters Season is open for all A HI 95, except anglers. From October 1 to LL TE Tar River one-half hour after sunset on E PE Reservoir in the Friday before the first Y R Nash Saturday in June, trout may E C County. not be harvested or possessed (a) The daily creel limit for H while fishing these waters. Walleye is eight fish except There is no daily creel limit History Note: Authority Delayed Harvest Trout for waters identified in and no minimum limit size G.S. 113- Waters are closed to all Paragraphs (b) and (d) of this for White Perch. There is no 134; 113- fishing from one-half hour Rule. There is no minimum closed season for White 292; after sunset on the Friday size limit for these fish except Perch. Eff. November 1, 2013. before the first Saturday in for waters identified in June to 6 a.m. on the first Paragraphs (c) and (d) of this History Note: Authority 15A NCAC 10C .0316 Saturday in June. Rule. There is no closed G.S. 113-134; 113-292; 113- (e) The daily creel limit for season. 304; 113-305; T trout in Special Regulation (b) In Linville River Eff. November 1, 2013. R Trout Waters is seven fish. upstream upstream from the O There is no minimum size NC 126 bridge, the daily creel U limit for these fish, but only limit for Walleye is four fish. 15A NCAC 10C .0320 T one may be greater than 14 (c) In Lake James and its (a) The daily creel limit for inches. There is no closed tributaries, except the Linville Y trout in Hatchery-Supported season. River upstream from the N.C. EL Trout Waters is seven fish. (f) The daily creel limit for 126 bridge, the minimum size L There is no minimum size trout in undesignated trout limit for walleye is 15 inches. O limit for these fish. The open waters is seven fish. There is (d) In John H. Kerr W season is from 7 a.m. on the no minimum size limit for Reservoir, Lake Gaston, and PE first Saturday in April until these fish. Trout may not be Roanoke Rapids Lake, the R March 1, except for waters possessed while fishing these daily creel limit is five fish C designated in Paragraphs (d) waters from March 1 until 7 and the minimum size limit H and (g) of this Rule. a.m. on the first Saturday in for Walleye is 18 inches. There is no daily creel limit (b) The daily creel limit for April, except waters and no minimum size limit trout in Wild Trout Waters designated in Paragraph (g) of History Note: Authority for Yellow Perch. There is no and Wild Trout/Natural Bait this Rule. G.S. 113- closed season for Yellow Trout Waters is four fish. (g) There is no closed season 134; 113- Perch. The minimum size limit for on taking trout from Linville 292; these fish is seven inches. River within Linville Gorge Eff. November 1, 2013. History Note: Authority There is no closed season. Wilderness Area and the G.S. 113-134; 113-292; 113- 304; 113-305; (c) No trout may be impounded waters of power 15A NCAC 10C .0318 harvested from Catch and reservoirs and municipally- Eff. November 1, 2013. Release/Artificial Lures Only owned water supply W Trout Waters or Catch and reservoirs open to the public HI 15A NCAC 10F .0201 Release/Artificial Flies Only for fishing. TE Trout Waters. Trout may not (h) In designated Public B SA Mountain Trout Waters the FE 34 APPROVED RULES T (2) No person ow the Y shall de act E operate a cks ivit Q vessel 16 ; y UI feet or more or for P in length (C) in wh M unless one an ich E type IV en the N PFD is on clo ves T board and sed sel (a) Federal Regulations immediatel ca is Adopted. As its regulations y available bin use governing required equipment for use, in . d; of vessels as defined in G.S. addition to This or 75A-2(5), pursuant to G.S. the total Subparagra (B) the 75A-6, the Wildlife number of ph does not Ty Resources Commission PFDs apply to a pe incorporates by reference, required in vessel that V including subsequent Subparagra is registered PF amendments and editions, the ph (1) of as a D following federal regulations, this commercial is to be applicable to vessels Paragraph. vessel. use operated on all waters of this (3) No person (4) A Type V d state as defined by G.S. 75A- shall PFD may in 2(6): Code of Federal operate a be carried acc Regulations, Title 46, Part 25, vessel while in lieu of ord and Title 33, Part 175, as such vessel any PFD an supplemented by the Federal is underway required ce Register. To the extent that with any under wit the vessel equipment child under Subparagra h requirements of G.S. 75A-6 13 years old ph (1) of the conflict with these federal aboard this req regulations, they are hereby unless each Paragraph uir modified to conform to the such child provided: em federal regulations as is: (A) the ent authorized by G.S. 75A-6(m) (A) ap s and 113-307. pro on Without limitation to the we val the adoption of the Federal ari lab ap regulations named herein, ng el pro Paragraphs (b) through (g) an for val apply to vessels operating in ap the lab State waters. pro Ty el (b) Personal flotation devices pri pe an (hereinafter referred to as ate V d PFDs) are required as follows PF PF wit except as provided in D D h Subparagraph (6) of this ap ind the Paragraph: pro ica req (1) No person ve tes uir may operate d tha em a vessel by t ent unless at the the s least one Co de in Type I, II or ast vic its III PFD is Gu e ow on board ard is ner and readily ; ap ’s accessible or pro ma for each (B) ve nu person. d al. bel for APPROVED RULES (5) No person mb s ar shall er, for de operate a as car vic vessel spe ria es unless each cifi ge rou required ed of tin PFD is: in the ely (A) in CF ad use ser R diti d vic Tit on as ea le al wa ble 46 Ty ter co Par pe toy ndi t IV s tio 25 PF or n; an D sw (B) of d as im ap CF spe mi pro R cifi ng pri Tit ed aid ate le in s siz 33 Su are e Par bp ex an t ara em d 17 gra pte fit 5. ph d for (6) (b) fro the (2) m int Exemptions of the en : thi req de (A) s uir d Ru em we Ca le. ent are no (B) s r; es for (C) an Sai car d lbo ria US ka ard ge C ya s, of G ks sur an ap 16 fbo y pro fee ard typ ve t in s, e d; len tub PF an gth es, D d an sw req (D) d im uir ov mi ed leg er ng un ibl are raf der y ex ts, thi ma em inf s rke pte lat Par d d abl agr wit fro e ap h m toy h. its the s (C) ap req an pro uir d Ma val em si nu nu ent mil all 36 APPROVED RULES y ive ed, conditions pro rac ro exist: pel ing w, (A) led , scu ves tha ll, clo sel t or sed s are pa co suc not ddl mp h des e, art as ign are me rac ed ex nts ing to em un she car pte der lls, ry d th ro an fro wa wi y m rts ng eq the an scu uip req d lls, me uir sea rac nt em ts ing not ent wh ca sol s ere no ely for in es for car por an co ria tab d mp ge le rac etit of fue ing ive an l ka rac y tan ya ing typ ks ks , e ma tha an PF y t d D be are in req sto rec wh uir red og ich ed ; niz all un (B) ed oc der by cu thi do nat pa s ubl ion nts Par e al wit agr bot an h ap to d the h. ms int wit (c) Fire Extinguishers are not ern h required as follows: sea ati ex (1) All led on ce motorboats to al pti shall carry the rac on at least the hul ing of minimum l ass a number of or oci co USCG wh ati xs approved ich on wa hand are s in, portable fire not for if extinguisher co use on s specified mp in e in this Rule let co is if any one ely mp pro of the fill etit vid following ed APPROVED RULES wit tan than 26 feet in length, complies h ks; propelled by outboard motors with 33 flo or and not carrying passengers USC 2033. tati (F) for hire, need not carry such (g) Lights. The lights on portable fire extinguishers if prescribed by this Paragraph ma mo the construction of such shall be exhibited from sunset teri tor motorboats will not permit to sunrise and in fog, mist, al; bo the entrapment of explosive falling snow, heavy (C) ats or flammable gases or vapors. rainstorms, sandstorms, or of (d) Every engine, except any other similar clo Cl outboard motors, using circumstances of restricted sed ass gasoline as fuel and installed visibility. During such times livi 2 in a vessel must be equipped no other lights shall be ng or with an acceptable means of exhibited, except such lights spa lon backfire flame control. An as cannot be mistaken for the ces ger acceptable means of backfire lights specified in these Rules ; . flame control must meet the or do not impair their (D) (2) Motorboats requirements of CFR Title 46 visibility or distinctive of Class A Part 25 and CFR Title 33 Part character, or interfere with clo and 1 (less 175. keeping a proper lookout. sed than 26 (e) Every vessel, except They may be exhibited in all sto feet): One those open vessels defined in other circumstances when wa Type B-I Paragraph (c) of this Rule, deemed necessary: ge (3) Motorboats using as fuel any liquid of a (1) Vessels co of Class 2 volatile nature, shall be equal to or mp Two Type provided with such means of greater than art B-I properly and efficiently 12 meters me extinguisher ventilating the bilges of the (39.4 feet) nts s engine and fuel tank but less in (4) Motorboats compartments so as to than 20 wh of Class 3 remove any explosive or meters ich Three Type flammable gases. Proper and (65.6 feet) co B-I efficient ventilation meets the in length mb extinguisher requirements of CFR Title 46 shall ust s Part 25 and CFR Title 33 Part exhibit: ibl (5) One Type 175. (A) A e B-II hand (f) Sound Devices ma or held fire (1) Vessels of sth fla extinguisher less than 12 ea m may be meters d ma substituted (39.4 feet) lig ble for two B-I in length ht ma hand shall be for teri portable fire equipped wa als extinguisher with some rd are s. A fixed means of vis sto fire making an ibl we extinguishin efficient e d; g system sound for (E) installed in signal; and thr the engine (2) Vessels ee per compartme equal to or mil ma nt is equal greater than es; ne to one Type 12 meters (B) ntl B-I hand (39.4 feet) y portable fire in length Sid ins extinguisher shall be eli tall . provided ght ed Exemption to fire with a s, fue extinguisher requirements: whistle and gre l Open Vessels. Vessels less a bell which en 38 APPROVED RULES to ght por time to sta s, t prevent a rbo gre vis collision; ard en ibl (6) A vessel an to e under oars d sta for may exhibit red rbo tw the lights to ard o prescribed por an mil in this Rule t d es; for sailing vis red (4) In a sailing vessels; but ibl to vessel less if not, it e por than 20 shall have for t meters in ready at tw vis length the hand an o ibl lights electric mil e prescribed torch or es; for in lighted an 1 Subparagra lantern d mil ph (3) of showing a (C) A e; this white light ste (3) Sailing Paragraph which shall rn vessels may be be exhibited lig underway combined in sufficient ht that are in one time to vis seven lantern prevent a ibl meters (23 carried at or collision; e feet) in near the top and for length or of the mast (7) Vessels of tw greater shall where it can 10 o exhibit: be best Horsepower mil (A) A seen; or Less. On es; ste (5) A sailing waters of (2) Vessels less rn vessel of this State than 12 lig less than not subject meters ht seven to the (39.4 feet) vis meters (23 jurisdiction in length ibl feet) in of the shall e length shall, United exhibit: for if States, (A) An tw practicable, vessels all- o exhibit the propelled rou mil lights by nd es; prescribed machinery wh an in of 10 ite d Subparagra horsepower lig (B) ph (3) or (4) or less, in ht of this lieu of the vis Sid Paragraph; foregoing ibl eli if not the requirement e ght vessel shall s, may carry for s, have ready from one- tw gre at hand an half hour o en electric after sunset mil to torch or to one-half es; sta lighted hour before an rbo lantern sunrise a d ard showing a white light (B) an white light in the stern d which shall or have on Sid red be exhibited board a eli to in sufficient hand APPROVED RULES flashlight in N (B) A as good T ch ne working (a) A dentist administering air ces condition general anesthesia is solely or sar which shall responsible for providing that tab y be ready at the environment in which the le for hand and general anesthesia is to be for spe shall be administered meets the em cifi temporarily following requirements: erg c displayed in (1) The facility en pro sufficient is equipped cy ce time to with: tre dur prevent (A) An at es, collision. op me inc On waters era nt, lud of this State tor inc ing that are y lud no subject to of ing n- the siz ch ele jurisdiction e air ctri of the an sui cal United d tab ba States, this des le ck- exception, ign for up though to CP suc permissible per R tio under state mit or n; law, is not acc CP (2) The sanctioned ess R following by any of Bo equipment federal law em ard is or erg ; maintained: regulation. en (C) (A) cy History Note: Authority eq Li Po G.S. 75A-3; uip ght siti 75A-6; me ing ve 113-307; nt as pre Eff. February 1, 1976; an ne ssu Amended Eff. November 1, d ces re 2013; April 1, 2009; March per sar ox 1, 2008; April 1, 1999; so y yg August 1, 1988; May 1, 1976. nn for en el spe del an cifi ive TITLE 21 – d c ry OCCUPATIONAL to pro sys LICENSING BOARDS per ce te AND COMMISSIONS mit dur m, eff es; inc CHAPTER 16 – BOARD ect an lud OF DENTAL EXAMINERS ive d ing em (D) ful 21 NCAC 16Q .0202 erg l en Su fac E cy cti e Q ma on ma UI na eq sks P ge uip for M me me ad E nt; nt ult 40 APPROVED RULES s fib ce ssu an rill ps re d ato an mo pe r; d nit dia (3) The en ori tric following dot ng pat emergency rac de ien equipment he vic ts; is al e; (B) maintained: tub (4) The (A) es; following Or (D) drugs are al I.V maintained an . To with a d set nsi current nas up llar shelf life al as suc and with air ne tio access from wa ces n the ys sar wit operatory of y h and var for ba recovery iou spe ck room: s cifi up (A) siz c suc es; pro tio Ep (C) ce n; ine dur (E) phr Bl es, ine oo inc Sy ; d lud rin (B) pre ing ges ssu har as Atr re dw ne opi mo are ces ne; nit an sar (C) ori d y ng flu for Li de ids spe do vic ; cifi cai e; (B) c ne; (D) pro (D) La ce Ele ryn dur An ctr go es; tihi oc sco (F) sta ard pe mi iog wit To ne; rap h urn (E) h; cur iqu (E) ren et An t & tih Pul bat tap yp se teri e; ert oxi es; an ens me (C) d ive ter; (G) ; an Int (F) d ub Bl (F) ati oo Br on d on De for pre chi APPROVED RULES al Ap me Per dil pro dic iod ato pri al ic r; ate his vit (G) ant tor al iar y, sig An rhy inc ns tih th lud tak yp mi ing en ogl c kn at yc me ow int em dic n erv ic ati all als ag on; erg dur ent (N) ies ing ; an the (H) Nit d pro rog pre ce Va lyc vio dur so eri us e; pre ne; sur (ii) sso an ger r; d y; Dr (I) (O) (B) ug s Co An Ba ad rtic tie se mi ost me lin nis ero tic; e ter id; (5) Written vit ed (J) emergency al dur and patient sig ing An discharge ns, the tic protocols inc pro on and training lud ce vul to ing dur san familiarize blo e, t; office od inc (K) personnel in pre lud the ssu ing M treatment of re rou usc clinical an te le emergencie d of rel s are pul ad ax provided; se; mi ant and (C) An nis ; (6) The an trat (L) following est ion records are hes , Ap maintained: ia do pro (A) rec sag pri ord e, ate Pat wh tim rev ien ich e ers t's sha an al cur ll d ag ren inc seq ent t lud ue s; wri e: nc (M) tte (i) e n of 42 APPROVED RULES ad shall demonstrate competency n/Hypotensi (a) A dentist administering mi in the following areas: on; moderate conscious sedation nis (1) Monitoring (8) Syncope; or moderate pediatric trat of blood (9) Allergic conscious sedation or ion pressure, reactions; supervising the administration ; pulse, and (10) of moderate conscious (iii) respiration; sedation or moderate pediatric (2) Drug Convulsion conscious sedation by a Du dosage and s; certified registered nurse rati administrati (11) anesthetist shall ensure that on on; the facility in which the of (3) Treatment Bradycardia sedation is to be administered the of untoward ; meets the following pro reactions (12) Insulin requirements: ce including shock; and (1) The facility dur respiratory (13) Cardiac is equipped e; or cardiac arrest. with: (iv) depression; (d) A dentist administering (A) An (4) general anesthesia shall op Do ensure that the facility is era cu Sterilization staffed with auxiliary tor me ; personnel who shall y nta (5) Use of CPR document annual successful of tio certified completion of basic life siz n personnel; support training and be e of (6) Monitoring capable of assisting with an co of patient procedures, problems, and d mp during emergency incidents that may des lic recovery; occur as a result of the ign ati and general anesthetic or to on (7) Sufficiency secondary to an unexpected per s of patient medical complication. mit or recovery acc mo time. History Note: Authority ess rbi (c) During an inspection or G.S. 90-28; of dit evaluation, the applicant or 90-30.1; em y; permit holder shall verbally 90-48; erg an demonstrate competency to Effective February 1, 1990; en d the evaluator in the treatment Amended Eff. November 1, cy (v) of the following clinical 2013; August 1, 2002; August eq emergencies: 1, 2000. uip Sta (1) me tus 21 NCAC 16Q .0302 nt of Laryngospa an pat sm; C d ien (2) LI per t NI so up Bronchospa C nn on sm; A el dis (3) Emesis and L an ch aspiration; R d arg (4) Respiratory E to e. depression Q per (b) During an inspection or and arrest; UI mit evaluation, the applicant or (5) Angina R eff permit holder shall pectoris; E ect demonstrate the (6) Myocardial M ive administration of anesthesia infarction; E em while the evaluator observes. (7) N erg During the demonstration, the TS en applicant or permit holder Hypertensio AND EQUIPMENT cy ma APPROVED RULES na (D) e (C) ge ma me Su sks Bl nt; cti for oo (B) A on ad d CP eq ult pre R uip s ssu Bo me an re ard nt d mo or as pe nit a ne dia ori de ces tric ng nta sar pat de l y ien vic ch for ts e; air spe an (D) wit cifi d ho c ba Pul ut pro ck- se en ce up oxi ha dur E- me nc es, cyl ter; em inc ind an ent lud er d s, ing por (E) sui no tab tab n- le Au le ele ox to for ctri yg ma pro cal en tic vid ba tan Ex ing ck- k ter em up ap nal erg suc art De en tio fro fib cy n. m rill tre (2) The the ato at following ce r me equipment ntr (A nt; is al ED (C) maintained: sys ). (A) te (3) The Li m; following ght Po (B) emergency ing siti equipment as ve Or is ne ox al maintained: ces yg an (A) sar en d y del nas I.V for ive al . spe ry air set cifi sys wa -up c te ys as pro m, of ne ce inc var ces dur lud iou sar es; ing s y an ful siz for d l es; spe fac cifi 44 APPROVED RULES c shelf life (H) ow pro and with n ce access from An all dur the tie erg es, operatory me ies inc and tic; an lud recovery an d ing area: d pre har (A) (I) vio dw us are Ep 50 sur an ine % ger d phr De y; flu ine xtr (B) ids ; ose , if (B) . Dr an (5) Written ug est Atr emergency s hes opi and patient ad ia ne; discharge mi is (C) protocols nis int are ter rav Ap maintained ed en pro and training dur ou pri to ing s; ate familiarize the (B) rev office pro ers personnel in ce Sy al the dur rin ag treatment of e, ges ent clinical inc as s; emergencie lud ne (D) s is ing ces provided; rou sar An and te y tihi (6) The of for sta following ad spe mi records are mi cifi ne; maintained nis c (E) for at least trat pro 10 years: ion ce Co (A) , dur rtic do es; ost Pat sag an ero ien e, d id; t's str (C) (F) cur en ren gth To Nit t , urn rog wri tim iqu lyc tte e et eri n an an ne; me d d (G) dic seq tap al ue e. Br his nc (4) The on tor e following chi y, of drugs are al inc ad maintained dil lud mi with a ato ing nis current r; kn trat APPROVED RULES ion rbi if (d) A dentist administering ; dit applicable; moderate conscious sedation (C) A y; (4) Sterile or moderate pediatric sed an technique; conscious sedation shall ati d (5) Use of CPR ensure that the facility is on (vi) certified staffed with sufficient rec personnel; auxiliary personnel for each ord sta (6) Monitoring procedure performed who wh tus of patient shall document annual ich of during successful completion of sha pat recovery; basic life support training and ll ien and be capable of assisting with inc t (7) Sufficiency procedures, problems, and lud up of patient emergency incidents that may e: on recovery occur as a result of the (i) dis time. sedation or secondary to an ch (c) During an inspection or unexpected medical blo arg evaluation, the applicant or complication. od e. permit holder shall verbally pre (b) During an inspection or demonstrate competency to History Note: Authority ssu evaluation, the applicant or the evaluator in the treatment G.S. 90-28; re; permit holder shall of the following clinical 90-30.1; (ii) demonstrate the emergencies: 90-48; administration of moderate (1) Eff. February 1, 1990; pul conscious sedation on a Amended Eff. August 1, 2002; se patient, or where applicable, Laryngospa August 1, 2000; rat moderate pediatric conscious sm; Temporary Amendment Eff. e; sedation on a patient, (2) December 11, 2002; (iii) including the deployment of Amended Eff. November 1, an intravenous delivery Bronchospa 2013; July 1, 2010; July 3, res system, while the evaluator sm; 2008; August 1, 2004. pir observes. Practices limited to (3) Emesis and ati pediatric dentistry will not be aspiration; on; required to demonstrate the (4) Respiratory 21 NCAC 16Q .0304 (iv) deployment of an intravenous depression delivery system. Instead, and arrest; O dur they will orally describe to (5) Angina FF ati the evaluator the technique of pectoris; SI on their training in intravenous (6) Myocardial TE of and intraosseous deployment. infarction; US pro During the demonstration, the (7) E ce applicant or permit holder O dur shall demonstrate competency Hypertensio F e; in the following areas: n/Hypotensi SE (v) (1) Monitoring on; D blood (8) Allergic A do pressure, reactions; TI cu pulse, and (9) O me respiration; N nta (2) Drug Convulsion PERMITS tio dosage and s; (a) Upon request, the holder n administrati (10) Syncope; of a moderate pediatric of on; (11) conscious sedation or co (3) Treatment moderate conscious sedation mp of untoward Bradycardia permit may travel to the lic reactions ; office of a licensed dentist ati including (12) Insulin who does not hold such a on respiratory shock; and permit and provide sedation s or cardiac (13) Cardiac services at the level for which or depression, arrest. the traveling dentist holds a mo valid permit, as well as 46 APPROVED RULES minimal sedation or moderate renewed by the Board each year in og conscious sedation limited to annually. Such renewal shall one or more y oral routes for the patients of be accomplished in of the of that dentist who are conjunction with the license following dru undergoing dental procedures. renewal process, and areas, gs The permit holder is solely applications for permits shall which may an responsible for providing that be made at the same time as be counted d the facility in which the applications for renewal of toward ag sedation is administered licenses. A one hundred fulfillment ent meets the requirements ($100.00) annual renewal fee of the s established by the Board, that shall be paid at the time of continuing use the required drugs and renewal. education d equipment are present, and (b) All sedation permits shall required in that the permit holder utilizes be subject to the same each IV sufficient auxiliary personnel renewal deadlines as are calendar sed for each procedure performed dental practice licenses, in year for ati based on the standard of care accordance with G.S. 90-31. license on; who shall document annual If the permit renewal renewal: (E) successful completion of application is not received by (A) basic life support training and the date specified in G.S. 90- ph be capable of assisting with 31, continued administration sed ysi procedures, problems, and of general anesthesia or any ati cal emergency incidents that may level of conscious sedation on; ev occur as a result of the shall be unlawful and shall (B) alu sedation or secondary to an subject the dentist to the ati unexpected medical penalties prescribed by me on, complication. Section .0700 of this dic ris (b) Holders of moderate Subchapter. al k conscious sedation permits (c) As a condition for em ass limited to oral routes and renewal of the general erg ess nitrous oxide inhalation may anesthesia permit, the permit en me not provide sedation at the holder shall meet the cie nt, office of a licensed dentist requirements of 21 NCAC s; or who does not hold an 16Q .0202 and document (C) be appropriate sedation permit. current, successful ha completion of advanced mo vio History Note: Authority cardiac life support (ACLS) nit ral G.S. 90-28; training, or its age-specific ori ma 90-30; 90- equivalent or other equivalent ng na 48; course, and auxiliary IV ge Recodified from 21 NCAC personnel shall document sed me 16Q .0302(e)(f), Eff. annual, successful completion ati nt; November 1, 2013. of basic life support (BLS) on (F) training. an 21 NCAC 16Q .0501 (d) As a condition for d au renewal of the moderate the dit A conscious sedation permit or use A N moderate pediatric conscious of CL N sedation permit, the permit mo S/ U holder shall meet the nit Pe A requirements of 21 NCAC ori dia L 16Q .0302 and: ng tric R (1) document eq Ad E annual, uip va N successful me nc E completion nt; ed W of BLS (D) Lif A training and e L obtain three ph Su REQUIRED hours of ar pp (a) General anesthesia and all continuing ma ort sedation permits shall be education col (P APPROVED RULES AL (2) medical Temporary Amendment Eff. (1) live voice S) emergencie December 11, 2002; or recorded co s; Amended Eff. November 1, voice urs (3) monitoring 2013; July 3, 2008; August 1, speech es; sedation 2004. audiometry, an and the use including d of * * * * * * * * * * * * * * * * speech (G) monitoring * * * * * reception equipment; threshold air (4) CHAPTER 22 HEARING testing and wa AID DEALERS AND speech y pharmacolo FITTERS BOARD discriminati ma gy of drugs 21 NCAC 22I .0103 on testing; na and agents and ge used in VI (2) pure tone me sedation; SU audiometry, nt; (5) physical A including or evaluation, L air (2) document risk IN conduction current, assessment, SP testing and successful or E bone completion behavioral C conduction of ACLS managemen TI testing as training or t; or O follows: its age- (6) audit N (A) air specific ACLS/PAL A co equivalent, S courses; N nd or other and D uct equivalent (7) airway HEARING TEST ion course and managemen (a) All licensees and tes annual t. registered apprentices shall tin successful (g) Any dentist who fails to make a visual inspection of g completion renew a general anesthesia or the external auditory canal at of BLS. sedation permit on or before and the tympanic membrane, lea (e) moderate pediatric March 31 of each year must using a device having its own st conscious sedation permit complete a reinstatement light source in order to fulfill at holders must have current application, pay the one the requirements of 21 CFR the PALS at all times. hundred dollar ($100.00) 801.420 concerning the fol (f) As a condition for renewal fee and a one warning to hearing aid lo renewal of the minimal hundred dollar ($100.00) dispensers. wi conscious sedation permit and penalty and comply with all (b) All licensees and ng the moderate conscious conditions for renewal set out registered apprentices shall fre sedation permit limited to oral in this Rule for the permit conduct a hearing test using qu routes and nitrous oxide sought. Dentists whose an audiometer, the calibration en inhalation, the permit holder anesthesia or sedation permits for which is on file at the cie shall meet the requirements of have been lapsed for more Board office, or equivalent s: 16Q .0402 and shall than 12 calendar months must physiologic testing. 50 document annual, successful pass a facilities inspection as (c) A hearing test shall be 0 completion of BLS training part of the reinstatement conducted within 90 days Hz and obtain six hours of process. prior to the dispensing of a , continuing education every hearing aid and a copy of the 10 two years in one or more of History Note: Authority hearing test shall be 00 the following areas, which G.S. 90-28; maintained for a period of at Hz may be counted toward 90-30.1; least three years. , fulfillment of the continuing 90-48; (d) The hearing test shall be 20 education required each Eff. February 1, 1990; conducted in an environment 00 calendar year for license Amended Eff. August 1, 2002; conducive to obtaining Hz renewal: Transferred and Recodified accurate results and shall , (1) pediatric or from 16Q .0401 to 16Q . include the following, unless 30 adult 0501; physiologic testing is utilized: 00 sedation; Hz 48 APPROVED RULES , tin the (2) real ear an g ear measureme d at s nts; or 40 lea at (3) client 00 st an evaluation Hz at y sheets. ; the on (B) fol e History Note: Authority lo fre G.S. mi wi qu 93D3(c); d- ng en Eff. April 23, 1976; oct fre cy Amended Eff. November 1, av qu eq 2013; April 1, 2013; April 1, e en ual 1989; May 1, 1988. air cie to co s: or * * * * * * * * * * * * * * * * nd 50 gre * * * * * uct 0 ate ion Hz r CHAPTER 32 – MEDICAL tes , tha BOARD tin 10 n g 00 40 21 NCAC 32B .1350 per Hz de for , cib R me 20 els EI d 00 or NS wh Hz if T en , the A the an re TE re d is M is 40 au E a 00 dio N 20 Hz me T dB ; tric O or an air F gre d - PHYSICIAN LICENSE ate (D) bo (a) Reinstatement is for a r ne physician who has held a dif eff ga North Carolina License, but fer ect p whose license either has been en ive of inactive for more than one ce ma 15 year, or whose license bet ski dB became inactive as a result of we ng, or disciplinary action en if gre (revocation or suspension) an au ate taken by the Board. It also y dio r. applies to a physician who adj me (e) All licensees and has surrendered a license ace tric registered apprentices shall prior to charges being filed by nt tes evaluate dispensed products the Board. oct tin to determine effectiveness (b) All applicants for av g and shall maintain reinstatement shall: es; rev documentation of the (1) submit a (C) eal verification for a period of at completed s a least three years. Measures of application, bo dif evaluation shall include at attesting ne fer least one of the following: under oath co en (1) sound field or nd ce measureme affirmation uct bet nts; that ion we information tes en on the APPROVED RULES application the United pro n is true and States; ve ex complete, (4) If a d am and graduate of Fif ina authorizing a medical th tio the release school other Pat n to the Board than those hw bef of all approved ay ore information by LCME, pro the pertaining AOA, gra est to the COCA or m abl application; CACMS, (or ish (2) submit shall igi me documentati furnish an nal nt on of a original EC of legal name ECFMG F the change, if certification M EC applicable; status report G F (3) supply a of a sco M certified currently re G copy of valid tra in applicant's certification nsc 19 birth of the rip 58; certificate if ECFMG. t (5) submit the the The fro AMA applicant ECFMG m Physician was born in certification the Profile; and, the United status report EC if applicant States or a requirement F is an certified shall be M osteopathic copy of a waived if: G physician, valid and (A) the req also submit unexpired ap uir the AOA US pli ed) Physician passport. If ca ; Profile; the nt or (6) submit a applicant has (B) the NPDB/HIP does not pas ap DB report possess sed pli dated proof of the ca within 60 U.S. EC nt days of the citizenship, F has application' the M be s applicant G en submission; must ex lic (7) submit a provide am ens FSMB information ina ed Board about tio in Action Data applicant's n an Bank immigration an oth report; and work d er (8) submit status suc sta documentati which the ces te on of CME Board will sfu on obtained in use to lly the the last verify co bas three years, applicant's mp is upon ability to let of request; work ed a (9) submit two lawfully in an wri completed ap tte fingerprint 50 APPROVED RULES cards wit (12) pay to the N supplied by hin Board a B the Board; the non- O (10) submit a pas refundable M signed t fee pursuant E; consent thr to G.S. 90- US form ee 13.1(a), M allowing a ye plus the LE search of ars cost of a ; local, state, ; criminal FL and national (B) on background EX files to for check; and ; disclose any ms (13) upon C criminal su request, O record; ppl supply any M (11) provide two ied additional LE original by information X; references the the Board or from Bo deems M persons ard necessary to CC with no ; evaluate the QE family or (C) applicant's or material qualificatio the relationship dat ns. ir to the ed (c) In addition to the suc applicant. wit requirements of Paragraph (b) ces These hin of this Rule, the applicant sor references six shall submit proof that the s); must be: mo applicant has: (B) (A) nth (1) within the s past 10 SP fro of years taken EX m su and passed (wi ph bm either: th ysi issi (A) an a cia on ex sco ns of am re wh the list of o ap ed 75 ha pli in or ve cat G. hig ob ion S. her ser ; 90- ); ve an 10. or d d 1 (C) the (D) (a ap sta C pli be te O ca ari bo M nt's ng ard VE wo the lic X rk ori ens (wi in gin ing th a al ex a cli sig am sco nic nat ina re al ure tio of en of n; 75 vir the N or on aut B hig me hor M her nt ; E; ); APPROVED RULES (2) within the for 0101(b), complete, past ten A and .0102. and years: B (d) All reports must be authorizing (A) M submitted directly to the the release S Board from the primary to the Board obt M source, when possible. of all ain O (e) An applicant shall be information ed C required to appear in person pertaining cer (m for an interview with the to the tifi ain Board or its agent to evaluate application; cat ten the applicant's competence (2) submit ion an and character if the Board documentati or ce needs more information to on of a rec or complete the application. legal name erti cer (f) An application must be change, if fic tifi complete within one year of applicable; ati cat submission. If not, the (3) submit a on ion applicant shall be charged photograph, of ) another application fee plus two inches C or the cost of another criminal by two A A background check. inches, Q O History Note: Authority affixed to by A G.S. 90-8.1; 90-9.1; 90-10.1; the oath or a O 90-13.1; affirmation spe CC Eff. August 1, 2010; which has cia (O Amended Eff. November 1, been lty ste 2013; November 1, 2011. attested to bo op by a notary ard ath 21 NCAC 32B .1402 public; rec ic (4) submit og co AP proof on the niz nti PL Board's ed nu IC Medical by ou A Education the s TI Certificatio A Ce O n form that B rtif N the M ica F applicant S, tio O has CC n); R completed FP (3) within the RESIDENT'S TRAINING at least 130 , past 10 LI weeks of FR years C medical CP completed E education. , GME NS (5) If a FR approved E graduate of CS by (a) In order to obtain a a medical or ACGME, Resident's Training License, school other A CFPC, an applicant shall: than those O RCPSC or (1) submit a approved A; AOA; or completed by LCME, or (4) within the application, AOA, (B) past three attesting COCA or years under oath CACMS, me completed or furnish an t CME as affirmation original req required by that the ECFMG uir 21 NCAC information certification em 32R . on the status report ent 0101(a), . application of a s is true and currently 52 APPROVED RULES valid nsc 19 hin certification rip 58; thr of the t (6) submit an ee ECFMG. fro appointmen att The m t letter from em ECFMG the the program pts certification EC director of an status report F the GME d requirement M program or eac shall be G his h waived if: req appointed co (A) the uir agent mp ap ed) verifying on pli ; the ent ca or applicant's of nt (B) the appointmen C has ap t and O pas pli commence M sed ca ment date; LE the nt (7) submit two X EC has completed Le F be fingerprint vel M en record cards 2 G lic supplied by (co ex ens the Board; gni am ed (8) submit a tiv ina in signed e tio an consent ev n oth form alu an er allowing a ati d sta search of on suc te local, state, an ces on and national d sfu the files for any per lly bas criminal for co is record; ma mp of (9) pay a non- nc let a refundable e ed wri fee pursuant ev an tte to G.S. 90- alu ap n 13.1(b), ati pro ex plus the on) ve am cost of a wit d ina criminal hin Fif tio background thr th n check; ee Pat bef (10) provide att hw ore proof that em ay the the pts pro est applicant ; gra abl has taken or m ish and passed: (B) the (or me (A) the US igi nt C M nal of O LE EC the M Ste F EC LE p 1 M F X wit G M Le hin sco G vel thr re in 1 ee tra wit att APPROVED RULES em needs more information to is true and Board's pts complete the application. complete, Medical an and Education d History Note: Authority authorizing Certificatio eac G.S. 90- the release n form that h 8.1; 90- to the Board the co 12.01; 90- of all applicant mp 13.1; information has on Eff. August 1, 2010; pertaining completed ent Amended Eff. November 1, to the at least 130 of 2013; August 1, 2012; application; weeks of the November 1, 2011. (2) submit the medical US Board's education. M 21 NCAC 32B .1502 form, However, LE signed by the Board Ste AP the Dean or shall waive p 2 PL his the 130 (Cl IC appointed week ini A representati requirement cal TI ve, if the Kn O indicating applicant ow N that the has been led F applicant certified or ge O has recertified an R received by an d M full-time ABMS, Cli E appointmen DDFP, nic DI t as either a FRCP, al C lecturer, FRCS or Ski A assistant AOA lls) L professor, approved wit SCHOOL FACULTY associate specialty hin LI professor, board thr C or full within the ee E professor at past 10 att NS a medical years; em E school in (6) supply a pts (a) The Medical School the state of certified ; Faculty License is limited to North copy of an physicians who have Carolina; applicant's d expertise which can be used (3) submit birth (11) upon to help educate North documentati certificate request, Carolina medical students, on of a or a supply any post-graduate residents and legal name certified additional fellows but who do not meet change, if copy of a information the requirements for applicable; valid and the Board Physician licensure. (4) submit a unexpired deems (b) In order to obtain a photograph, US passport necessary to Medical School Faculty two inches if the evaluate the License, an applicant shall: by two applicant applicant's (1) submit a inches, was born in competence completed affixed to the United and application, the oath or States. If character. attesting affirmation the (b) An applicant shall be under oath which has applicant required to appear in person or been does not for an interview with the affirmation attested to possess Board or its agent to evaluate that the by a notary proof of US the applicant's competence information public; citizenship, and character, if the Board on the (5) submit the application proof on the applicant 54 APPROVED RULES must against the (A) nth provide license; s information (9) submit an fro of about AMA m the applicant's Physician ph ap immigration Profile; and, ysi pli and work if applicant cia ca status is an ns nt's which the osteopathic wh oat Board will physician, o h; use to submit an ha an verify AOA ve d applicant's Physician ob (D) ability to Profile; ser work (10) submit a ve be lawfully in NPDB d ari the United report, the ng States; HIPDB ap the (7) submit report, pli ori proof of dated ca gin satisfactory within 60 nt's al completion days of wo sig of at least applicant's rk nat one year of oath; in ure GME (11) submit a a of approved FSMB cli the by Board nic wri ACGME, Action Data al ter. CFPC, Bank en (15) pay to the RCPSC, or report; vir Board a AOA; or (12) submit two on non- evidence of completed me refundable other fingerprint nt fee pursuant education, record cards wit to G.S. 90- training or supplied by hin 13.1(a), experience, the Board; the plus the determined (13) submit a pas cost of a by the signed t criminal Board to be consent thr background equivalent; form ee check; and (8) submit allowing a ye (16) upon reports search of ars request, from all local, state, ; supply any medical or and national (B) on additional osteopathic files to for information boards from disclose any ms the Board which the criminal su deems applicant record; ppl necessary to has ever (14) provide two ied evaluate the held a original by applicant's medical or references the competence osteopathic from Bo and license, persons ard character. indicating with no ; (c) All reports must be the status of family or (C) submitted directly to the the marital Board from the primary applicant's relationship dat source, when possible. license and to the ed (d) An applicant may be whether or applicant. wit required to appear in person not any These hin for an interview with the action has letters must six Board or its agent to evaluate been taken be: mo APPROVED RULES the applicant's competence the release verify if applicant and character. to the Board applicant's is an (e) An application must be of all ability to osteopathic completed within one year of information work physician, the date of the applicant's pertaining lawfully in also submit oath. to the the United AOA (f) This Rule applies to application; States; Physician licenses granted after the (2) submit a (5) comply Profile; effective date of this Rule. recent with all (8) submit an photograph, requirement FSMB History Note: Authority at least two s of G.S. Board G.S. 90- inches by 90-12.2A; Action Data 12.3; 90- two inches, (6) submit the Bank 13.2; affixed to Board's report; Eff. June 28, 2011; the oath, form, (9) submit two Amended Eff. November 1, and attested completed completed 2013. by a notary by the fingerprint public; mentor, record cards (3) submit showing supplied by 21 NCAC 32B .1602 documentati that the the Board; on of a applicant (10) submit a SP legal name has signed E change, if received an consent CI applicable; invitation form A (4) supply a from a allowing a L certified medical search of PU copy of school, local, state, RP applicant's medical and national OS birth practice, files for any E certificate if hospital, criminal LI the clinic or record; C applicant physician (11) pay to the E was born in licensed in Board a NS the United the state of non- E States or a North refundable (a) The Special Purpose certified Carolina, fee pursuant License is for physicians who copy of a outlining to G.S. 90- wish to come to North valid and the need for 13.1(a), Carolina for a limited time, unexpired the plus the scope and purpose, such as to US applicant to cost of a demonstrate or learn a new passport. If receive a criminal technique, procedure or piece the special background of equipment, or to educate applicant purpose check; physicians or medical does not license and (12) upon students. possess describing request, (b) In order to obtain a proof of the supply any Special Purpose License, an U.S. circumstanc additional applicant shall: citizenship, es and information (1) submit a the timeline the Board completed applicant under deems application, must which the necessary to attesting provide applicant evaluate the under oath information will applicant's that the about practice competence information applicant's medicine in and on the immigration North character. application and work Carolina; (c) All reports must be is true and status (7) submit an submitted directly to the complete, which the AMA Board from the primary and Board will Physician source, when possible. authorizing use to Profile and, 56 APPROVED RULES (d) An applicant may be medicine and surgery only at to the Board U.S. required to appear in person clinics that specialize in the of all citizenship, for an interview with the treatment of indigent patients, information the Board or its agent to evaluate and may not receive any pertaining applicant the applicant's competence compensation for services to the must and character. rendered, either direct or application; provide (e) An application must be indirect, monetary, in-kind, or (2) submit a information completed within one year of otherwise for the provision of photograph, about submission. If not, the medical services. two inches applicant's applicant shall be charged by two immigration another application fee, plus History Note: Authority inches, and work the cost of another criminal G.S. 90- affixed to status background check. 8.1; 90- the oath or which the History Note: Authority 12.1A; affirmation Board will G.S. 90-8.1; 90-9.1; 90- Eff. August 1, 2010; attested to use to 12.2A; 90-13.1; Amended Eff. November 1, by a notary verify Eff. August 1, 2010; 2013. public; applicant's Amended Eff. November 1, (3) submit ability to 2013. 21 NCAC 32B .1702 documentati work on of a lawfully in 21 NCAC 32B .1701 AP legal name the United PL change, if States; SC IC applicable; (6) submit a O A (4) submit NPDB PE TI proof of report, O O active dated F N licensure within 60 PR F from days of A O another submission C R state or of the TI LI jurisdiction application; C MI indicating (7) submit a E TE the status of FSMB U D the license Board N VOLUNTEER LICENSE and whether Action Data D (a) The Limited Volunteer or not any Bank E License is available to action has report; R physicians who hold an active been taken (8) submit two LIMITED VOLUNTEER license in a state or against the completed LI jurisdiction other than North license; fingerprint C Carolina, and who wish to (5) submit a record cards E volunteer at civilian indigent certified supplied by NS clinics. copy of the Board; E (b) In order to obtain a applicant's (9) submit a A Limited Volunteer License, birth signed N an applicant shall: certificate if consent D (1) submit a the form R completed applicant allowing a ET application, was born in search of IR attesting the United local, state, E under oath States or a and national D or certified files for any LIMITED VOLUNTEER affirmation copy of a criminal LI that the valid and record; C information unexpired (10) pay to the E on the US Board a NS application passport. If non- E is true and the refundable The holder of a Limited complete, applicant fee pursuant Volunteer License or a and does not to G.S. 90- Retired Volunteer Limited authorizing possess 13.1(a) to License may practice the release proof of cover the APPROVED RULES cost of a NS birth supplied by criminal E certificate if the Board; background (a) The Retired Limited the (7) submit a check; Volunteer License is available applicant signed (11) upon to physicians who have been was born in consent request, licensed in North Carolina or the United form supply any another state or jurisdiction, States or a allowing a additional have an inactive license, and certified search of information who wish to volunteer at copy of a local, state the Board indigent clinics. valid and and national deems (b) An applicant who has unexpired files for any necessary to never held a North Carolina US criminal evaluate the license but held an active passport. If record; applicant's license in another state or the (8) pay to the competence jurisdiction, which is applicant Board a and currently inactive, shall: does not non- character. (1) submit a possess refundable (c) All materials must be completed proof of fee pursuant submitted directly to the application, U.S. to G.S. 90- Board from the primary attesting citizenship, 13.1(a) to source, when possible. under oath the cover the (d) An applicant may be or applicant cost of a required to appear in person affirmation must criminal for an interview with the that the provide background Board or its agent to evaluate information information check; the applicant's competence on the about (9) submit a and character. application applicant's FSMB (e) An application must be is true and immigration Board completed within one year of complete, and work Action Data the date of submission. and status Bank authorizing which the report; History Note: Authority the release Board will (10) submit a G.S. 90- to the Board use to NPDB 8.1; 90- of all verify report, 12.1A; information applicant's dated Eff. August 1, 2010; pertaining ability to within 60 Amended Eff. November 1, to the work days of 2013. application; lawfully in submission (2) submit a the United of the 21 NCAC 32B .1704 photograph, States; application; two inches (5) submit (12) upon AP by two proof of request, PL inches, licensure supply any IC affixed to from additional A the oath or another information TI affirmation state or the Board O which has jurisdiction deems N been indicating necessary to F attested to the status of evaluate the O by a notary the license applicant's R public; and whether competence R (3) submit or not any and ET documentati action has character. IR on of a been taken (13) All E legal name against the materials D change, if license; must be LIMITED VOLUNTEER applicable; (6) submit two submitted LI (4) supply a completed to the Board C certified fingerprint from the E copy of record cards primary applicant's source, 58 APPROVED RULES when D submit a the United possible. AP photograph States; (c) An applicant who holds PL taken (Note: there may be an active North Carolina IC within the some physician license may convert A past year, applicants that to a Retired Limited TI two inches who are not Volunteer License by O by two present in completing the Application N inches, the U.S. and for Retired Volunteer FOR PHYSICIAN attested to who do not License. LI or affirmed plan to (d) An applicant who held a C by the practice North Carolina license which E applicant as physically has been inactive less than six NS a true in the U.S. months may convert to a E likeness of Those Retired Limited Volunteer (a) A specialty board- the applicants License by completing the certified physician who has applicant shall submit Application for Retired been licensed in at least one before a a statement Volunteer License. other state, the District of notary to that (e) An applicant who held a Columbia, U.S. territory or public; effect); North Carolina license which Canadian province for at least (4) supply a (5) provide has been inactive for more five years, has been in active certified proof that than six months but less than clinical practice the past two copy of applicant two years shall meet the years; and who has a clean applicant's has held an requirements set forth in 21 license application, as defined birth active NCAC 32B .1360. in Paragraph (c) of this Rule certificate if license to (f) An applicant who held a may apply for a license on an the practice North Carolina license which expedited basis. applicant medicine in has been inactive for more (b) An applicant for an was born in at least one than two years shall meet the expedited Physician License the United other state, requirements set forth at 21 shall: States or a the District NCAC 32B .1350. (1) complete certified of (g) A physician who has been the Board's copy of a Columbia, out of practice for more than application valid and U.S. two years will be required to form, unexpired Territory or complete a reentry program attesting US Canadian as set forth in 21 NCAC 32B . under oath passport. province for 1370. or If the at least five (h) An applicant may be affirmation applicant years required to appear in person that the does not immediatel for an interview with the information possess y preceding Board or its agent to evaluate on the proof of this the applicant's competence application U.S. application; and character. is true and citizenship, (6) provide (i) An application must be complete, the proof of completed within one year of and applicant clinical the date of submission. authorizing must practice the release provide providing History Note: Authority to the Board information patient care G.S. 90- of all about for an 8.1; 90- information applicant's average of 12.1A; pertaining immigration 20 hours or Eff. August 1, 2010; to the and work more per Amended Eff. November 1, application; status week, for at 2013. (2) submit which the least the last documentati Board will two years; 21 NCAC 32B .2001 on of a use to (7) provide legal name verify proof of: E change, if applicant's (A) XP applicable; ability to E (3) on the work cur DI Board's lawfully in ren TE form, t APPROVED RULES cer ion an (12) submit a tifi or ce signed cat rec of consent ion erti cer form or fic tifi allowing a cur ati cat search of ren on ion local, state t of ) and national rec C or files to erti A A disclose any fic Q O criminal ati by A record; on a O (13) pay to the by spe CC Board a an cia (O non- A lty ste refundable B bo op fee pursuant M ard ath to G.S. 90- S, rec ic 13.1(a) of CC og co three FP niz nti hundred , ed nu fifty dollars FR by ou ($350.00), CP the s plus the , A Ce cost of a FR B rtif criminal CS M ica background , or S, tio check; and A CC n); (14) upon O FP (8) submit an request, A , AMA supply any ap FR Physician additional pro CP Profile; and, information ve , if applicant the Board d FR is an deems spe CS osteopathic necessary to cia or physician evaluate the lty A submit an applicant's bo O AOA qualificatio ard A; Physician ns. obt or Profile; (c) A clean license ain (C) (9) submit a application means that the ed NPDB/HIP physician has none of the wit me DB report following: hin t dated (1) professional the req within 60 liability pas uir days of the insurance t em applicant's claim(s) or 10 ent oath; payment(s); ye s (10) submit a (2) criminal ars for FSMB record; ; A Board (3) medical or B Action Data condition(s) (B) M Bank which could S report; affect the obt M (11) submit two physician's ain O completed ability to ed C fingerprint practice cer (m record cards safely; tifi ain supplied by (4) regulatory cat ten the Board; board 60 APPROVED RULES complaint(s (e) The application process with a with Rule . ), must be completed within one primary 0103 of this investigatio year of the date on which the supervising Subchapter n(s), or application fee is paid. If not, physician. and action(s) the applicant shall be charged (b) A nurse practitioner Paragraph (including a new applicant fee. seeking approval to practice (a) of this applicant's who has not practiced as a Rule; and withdrawal History Note: Authority nurse practitioner in more (2) the Medical of a license G.S. 90- than two years shall complete Board shall application) 9.1; 90-5; a nurse practitioner refresher verify that ; 90-11; 90- course approved by the Board the (5) adverse 13.1; of Nursing in accordance with designated action taken Eff. August 1, 2010; Paragraphs (o) and (p) of 21 primary by a health Amended Eff. November 1, NCAC 36 .0220 and supervising care 2013. consisting of common physician institution; conditions and their holds a (6) 21 NCAC 32M .0104 management directly related valid to the nurse practitioner's area license to investigatio PR of education and certification. practice n(s) or O A nurse practitioner refresher medicine in action(s) C course participant shall be North taken by a ES granted an approval to Carolina federal S practice that is limited to and agency, the F clinical activities required by compliance U.S. O the refresher course. with military, R (c) The nurse practitioner Paragraph medical AP shall not practice until (a) of this societies or PR notification of approval to Rule. associations O practice is received from the (f) Applications for approval ; V Board of Nursing after both of changes in practice (7) suspension A Boards have approved the arrangements for a nurse or L application. practitioner currently expulsion T (d) The nurse practitioner's approved to practice in North from any O approval to practice is Carolina shall be submitted school, PRACTICE terminated when the nurse by the applicants as follows: including (a) Prior to the performance practitioner discontinues (1) addition or medical of any medical acts, a nurse working within the approved change of school. practitioner shall: nurse practitioner primary (8) graduation (1) meet collaborative practice supervising from any registration agreement or experiences an physician United requirement interruption in her or his shall be States or s as registered nurse licensure submitted Canadian specified in status, and the nurse to the Board medical 21 NCAC practitioner shall so notify the of Nursing school that 32M .0103; Board of Nursing in writing. and proceed is not (2) submit an The Boards shall extend the pursuant to LCME or application nurse practitioner's approval protocols CACMS for approval to practice in cases of developed approved; to practice; emergency such as sudden by both or (3) submit any injury, illness or death of the Boards; and (9) has passed additional primary supervising (2) request for no licensing information physician. change(s) in examination necessary to (e) Applications for approval the scope of other than evaluate the to practice in North Carolina practice Puerto Rico application shall be submitted to the shall be Written as Board of Nursing and then submitted Examinatio requested; approved by both Boards as to the Joint n/Revalida. and follows: Subcommitt (d) All reports must be (4) have a (1) the Board ee. submitted directly to the collaborativ of Nursing (g) A registered nurse who Board from the primary e practice shall verify was previously approved to source, when possible. agreement compliance practice as a nurse APPROVED RULES practitioner in this state who November 1, 2008; January organizatio reapplies for approval to 1, 2007; August 1, 2004. History Note: Authority ns; practice shall: G.S. 90-18(c)(14); 90-18.2; (2) a physician (1) meet the 90-171.36; assistant nurse 21 NCAC 32M .0108 Eff. January 1, 1996; employed practitioner Amended Eff. November 1, by the approval IN 2013; January 1, 2013; federal requirement A December 1, 2009; government s as C December 1, 2006; August 1, while stipulated in TI 2004; May 1, 1999. performing Rule . V duties 0108(c) of E 21 NCAC 32S .0209 incident to this ST that Subchapter; A E employmen and T X t; or (2) complete US E (3) an agent or the (a) Any nurse practitioner M employee appropriate who wishes to place her or his PT of a application. approval to practice on an IO physician (h) Volunteer Approval to inactive status shall notify the N who Practice. The North Carolina Board of Nursing in writing. FR performs Board of Nursing shall grant (b) A nurse practitioner with O delegated approval to practice in a an inactive approval to M tasks in the volunteer capacity to a nurse practice status shall not LI office of a practitioner who has met the practice as a nurse C physician qualifications to practice as a practitioner. E but who is nurse practitioner in North (c) A nurse practitioner with NS not Carolina. an inactive approval to E rendering (i) The nurse practitioner practice status who reapplies Nothing in this Subchapter services as shall pay the appropriate fee for approval to practice shall shall be construed to require a physician as outlined in Rule .0115 of meet the qualifications for licensure for: assistant this Subchapter. approval to practice in Rules . (1) a student and (j) A Nurse Practitioner 0103(a)(1), .0104(a) and (b), . enrolled in identifying approved under this 0107, and .0110 of this a Physician him/herself Subchapter shall keep proof Subchapter and receive Assistant as a of current licensure, notification from the Board of Educational physician registration and approval Nursing of approval prior to Program assistant. available for inspection at beginning practice after the accredited each practice site upon application is approved by by the History Note: Authority request by agents of either both Boards. Commissio G.S. 90- Board. (d) A nurse practitioner who n on 9.3; 90- has not practiced as a nurse Accreditatio 18(c)(13); History Note: Authority practitioner in more than two n of Allied 90-18.1; G.S. 90-18(c)(14); 90-18.2; years shall complete a nurse Health Eff. September 1, 2009; 90-171.20(7); 90-171.23(b); practitioner refresher course Education Amended Eff. November 1, 90-171.42; approved by the Board of Programs or 2013. Eff. January 1, 1991; Nursing in accordance with its Paragraph (b)(1) was Paragraphs (o) and (p) of 21 successor recodified from 21 NCAC NCAC 36 .0220 and * * * * * * * * * * * * * * * * * * * * * 32M .0104 Eff. January 1, consisting of common 1996; conditions and management CHAPTER 34 – BOARD OF FUNERAL SERVICE Amended Eff. December 1, of these conditions directly 2006; May 1, 1999; January related to the nurse 21 NCAC 34A .0201 FEES AND OTHER PAYMENTS 1, 1996; practitioner's area of (a) Fees for funeral service shall be as follows: Recodified from 21 NCAC education and certification. A Establishment permit 32M .0103 Eff. August 1, nurse practitioner refresher Application 2004; course participant shall be Amended Eff. November 1, granted an approval to $250.00 2013; January 1, 2013; practice that is limited to Annual renewal December 1, 2009; clinical activities required by the refresher course. $200.00 62 APPROVED RULES Late renewal fee Annual renewal
$100.00 $100.00 Establishment and embalming facility reinspection fee Late renewal $100.00 $ Courtesy card 75.00 Application (b) Fees for crematories shall be as follows: $ License 75.00 Application Annual renewal $ $400.00 50.00 Annual renewal Out-of-state licensee Application $150.00 Late renewal fee $200.00 $ Embalmer, funeral director, funeral service 75.00 Application, North Carolina resident Crematory reinspection fee
$150.00 $100.00 Application, non-resident Per-cremation fee $ $200.00 10.00 Annual renewal Late filing or payment fee for each cremation Embalmer $ $ 10.00 75.00 Late filing fee for cremation report, per month Funeral Director $ $ 75.00 75.00 Crematory Manager Permit Total fee, embalmer and funeral director, when Application both are held by same person $100.00 $150.00 Funeral service Annual renewal $ $100.00 40.00 Inactive status (c) Fees for preneed funeral contract regulation shall be as $ follows: 30.00 Preneed funeral establishment license Reinstatement fee Application $ 50.00 $150.00 Resident trainee permit Annual renewal Application $ $150.00 50.00 Late renewal fee Voluntary change in supervisor $ $100.00 50.00 Reinspection fee Annual renewal $ $100.00 35.00 Preneed sales license Late renewal Application $ $ 25.00 20.00 Duplicate License certificate Annual renewal $ 25.00 $ Chapel registration 20.00 Application Late renewal fee $ $150.00 25.00 Preneed contract filings APPROVED RULES Filing fee for each contract evidence of $ that may be res 20.00 requested ide Late filing or payment fee for each contract includes, nc $ but is not e; 25.00 limited to: (d) Late filing fee for each certificate of (a) performance Mi $ 25.00 Dri lita Late filing fee for annual report ver ry 's Fo $150.00 lic rm (d) Fees for Transportation Permits ens No Application e . $125.00 wit 20 Annual renewal h a 58 $ 75.00 ho – Late fee me sta $ 50.00 ad te dre of History Note: Authority G.S. 90-210.23(a); 90-210.25(c); ss; leg 90-210.28; 90-210.67(b),(c),(d),(d1); 90- (b) al 210.68(a); res Eff. September 1, 1979; Vo ide Amended Eff. January 1, 1991; July 1, 1988; January 1, 1988; ter nc October 1, 1983; reg e Recodified from 21 NCAC 34. 0123 Eff. February 7, 1991; istr cer Amended Eff. December 1, 1993; August 2, 1993; May 1, 1993, ati tifi July 1, 1991; on cat Temporary Amendment Eff. October 1, 1997; car e; Amended Eff. March 1, 2004; August 1, 1998; d or Amended Eff. Pending Legislative Review. dis (e) A pla * * * * * * * * * * * * * * * * TE yin W * * * * * For the purpose of the g a 2 Compact: ho fro CHAPTER 36 BOARD OF (1) A nurse me m NURSING applying for ad US a license in dre Go 21 NCAC 36 .0702 a home ss; ver state shall (c) nm IS produce ent SU evidence of Fe or A the nurse’s der an N primary al y C state of inc bur E residence. om ea O Such e u, F evidence tax div A shall ret isi LI include a urn on C declaration de or E signed by cla ag NS the licensee rin en E attesting to g cy B the the the Y licensee's pri reo A primary ma f COMPACT PARTY state of ry ind ST residence. sta ica Further te tin 64 APPROVED RULES g shall be Nursing, F the stayed until Inc. O de resolution (7) A nurse on R cla of the a visa from AP red pending another PR sta investigatio country O te n. applying for V of (4) The former licensure in A res home state a party state L ide license shall may declare T nc no longer either the O e. be valid country of PRACTICE (2) A nurse upon the origin or the (a) Prior to the performance changing issuance of party state of any medical acts, a nurse primary a new home as the practitioner shall: state of state primary (1) meet residence, license. state of registration from one (5) If a decision residence. requirement party state denying If the s as to another licensure is foreign specified in party state, made by the country is 21 NCAC may new home declared the 36 .0803; continue to state, the primary (2) submit an practice new home state of application under the state shall residence, a for approval former notify the single state to practice; home state former license will (3) submit any license and home state be issued by additional multistate within 10 the party information licensure business state. necessary to privilege days and (8) A license evaluate the during the the former issued by a application processing home state party state as of the may take is valid for requested; nurse's action in practice in and licensure accordance all other (4) have a application with that party states collaborativ in the new state's laws unless e practice home state and rules. clearly agreement for a period (6) No designated with a not to individual as valid primary exceed 90 shall be only in the supervising days. issued a state which physician. (3) The multistate issued the (b) A nurse practitioner licensure licensure license. seeking approval to practice application privilege who has not practiced as a in the new unless the History Note: Authority nurse practitioner in more home state applicant G.S. 90-171.82(6); 90- than two years shall complete of a nurse provides 171.83(a)(b); 90-171.85(b); a nurse practitioner refresher under evidence of 90-171.87(4); course approved by the Board pending successful Eff. July 1, 2000; of Nursing in accordance with investigatio completion Amended Eff. November 1, Paragraphs (o) and (p) of 21 n by the of the 2013; July 1, 2012; July 1, NCAC 36 .0220 and former licensing 2005. consisting of common home state examination conditions and their shall be developed 21 NCAC 36 .0804 management directly related held in by the to the nurse practitioner's area abeyance. National PR of education and certification. The 90-day Council of O A nurse practitioner refresher period in State C course participant shall be Item (2) of Boards of ES granted an approval to this Rule S practice that is limited to APPROVED RULES clinical activities required by with approval to practice in a practice status shall not the refresher course. Paragraph volunteer capacity to a nurse practice as a nurse (c) The nurse practitioner (a) of this practitioner who has met the practitioner. shall not practice until Rule. qualifications to practice as a (c) A nurse practitioner with notification of approval to (f) Applications for approval nurse practitioner in North an inactive approval to practice is received from the of changes in practice Carolina. practice status who reapplies Board of Nursing after both arrangements for a nurse (i) The nurse practitioner for approval to practice shall Boards have approved the practitioner currently shall pay the appropriate fee meet the qualifications for application. approved to practice in North as outlined in Rule .0813 of approval to practice in Rules . (d) The nurse practitioner's Carolina shall be submitted this Section. 0803(a)(1), .0804(a) and (b), . approval to practice is by the applicant as follows: (j) A Nurse Practitioner 0807, and .0810 of this terminated when the nurse (1) addition or approved under this Section Section and receive practitioner discontinues change of shall keep proof of current notification from the Board of working within the approved primary licensure, registration and Nursing of approval prior to nurse practitioner supervising approval available for beginning practice after the collaborative practice physician inspection at each practice application is approved by agreement, or experiences an shall be site upon request by agents of both Boards. interruption in her or his submitted either Board. (d) A nurse practitioner who registered nurse licensure to the Board has not practiced as a nurse status, and the nurse of Nursing History Note: Authority practitioner in more than two practitioner shall so notify the and G.S. 90-18(13), (14); 90- years shall complete a nurse Board of Nursing in writing. processed 18.2; 90-171.20(7); 90- practitioner refresher course The Boards shall extend the pursuant to 171.23(b); approved by the Board of nurse practitioner's approval protocols Recodified from 21 NCAC Nursing in accordance with to practice in cases of developed 36 .0227(c) Eff. August 1, Paragraphs (o) and (p) of 21 emergency such as injury, by both 2004; NCAC 36 .0220 and sudden illness or death of the Boards; and Amended Eff. November 1, consisting of common primary supervising (2) request for 2013; January 1, 2013; conditions and management physician. change(s) in December 1, 2009; of these conditions directly (e) Applications for approval the scope of November 1, 2008; January related to the nurse to practice in North Carolina practice 1, 2007; August 1, 2004. practitioner's area of shall be submitted to the shall be education and certification. A Board of Nursing and then submitted nurse practitioner refresher approved by both Boards as to the Joint course participant shall be follows: Subcommitt 21 NCAC 36 .0808 granted an approval to (1) the Board ee. practice that is limited to of Nursing (g) A registered nurse who IN clinical activities required by shall verify was previously approved to A the refresher course. compliance practice as a nurse C with Rule . practitioner in this state who TI History Note: Authority 0803 and reapplies for approval to V G.S. 90-18(13); 90-18.2; 90- Paragraph practice shall: E 171.36; 90-171.83; (a) of this (1) meet the ST Recodified from 21 NCAC Rule; and nurse A 36 .0227(g) Eff. August 1, (2) the Medical practitioner T 2004; Board shall approval US Amended Eff. November 1, verify that requirement (a) Any nurse practitioner 2013; January 1, 2013; the s as who wishes to place her or his December 1, 2009; designated stipulated in approval to practice on an December 1, 2006; August 1, primary Rule . inactive status shall notify the 2004. supervising 0808(c) of Board of Nursing in writing. physician this (b) A nurse practitioner with holds a Section; an inactive approval to valid and license to (2) complete practice the medicine in appropriate North application. Carolina (h) Volunteer Approval to and Practice. The North Carolina compliance Board of Nursing shall grant 66 RULES REVIEW COMMISSION
Commission Review This Section contains information for the meeting of the Rules Review Commission on OctoberLog 17 of and Permanent Rule Filings November 21, 2013 at 1711 New Hope Church Road, RRC Commission Room, Raleigh,October NC. 23,Anyone 2013 through November 20, 2013 wishing to submit written comment on any rule beforeNC the RURAL Commission ELECTRIFICATION should submit those AUTHORITY comments to the RRC staff, the agency, and the individual Commissioners.The rules in Specific Chapter instructions 8 concern and the addressesrural electrification authority including general provisions (.0100); may be obtained from the Rules Review Commission atelectric 919-431-3000. membership Anyone corporations wishing to address(.0200); the telephone membership corporations (.0300); and petitions: Commission should notify the RRC staff and the agencyhearings: no later thantemporary 5:00 p.m. rules: of thedeclaratory 2 rulings: contested cases (.0400). before the meeting. Please refer to RRC rules codified in 26 NCAC 05. Purpose Amend/* Address of the NCREA RULES REVIEW COMMISSION MEMBERS Amend/* Appointed by Senate Meetings Jeff Hyde Amend/* Margaret Currin Notification of Meetings Jay Hemphill Faylene Whitaker Repeal/* Authority Staff Amend/* COMMISSION COUNSEL Correspondence and Communications Joe Deluca (919)431-3081 Repeal/* Amanda Reeder (919)431-3079 Board Proceedings Abigail Hammond (919)431-3076 Repeal/* Member Visitation RULES REVIEW COMMISSION MEETING Repeal/* DATES December 19, Definitions 2013 January 16, Amend/* 2014 Loan Applications and Categories February 20, Amend/* 2014 March 20, Loan Categories 2014 Repeal/* Documents Required for Loan Amend/* AGENDA Presentation of Documents RULES REVIEW COMMISSION Repeal/* Thursday, December 19, 2013 10:00 A.M. 1711 New Hope Church Rd., Raleigh, NC 27609 Operating Rules and Regulations Amend/* Operating Rules and Regulations I. Ethics reminder by the chair as set out in G.S. Repeal/* 138A-15(e) Bylaws II. Approval of the minutes from the last meeting Repeal/* III. Review of Log of Filings (Permanent Rules) for Rate Schedules rules filed between October 23, 2013 and Repeal/* November 20, 2013 Complaints IV. Review of Log of Filings (Temporary Rules) for Amend/* any rule filed within 15 business days of the RRC Data Sheets for Progress Reports Meeting Repeal/* V. G.S. 150B-19.1 Certification Operating Budget VI. Commission Business Repeal/* Next meeting: January 16, 2014 Definitions Amend/* RULES REVIEW COMMISSION Loan Applications Amend/* Amend/* Reimbursement for Inpatient Hospitalization Loan Categories Amend/* Repeal/* Reimbursement for Professional Outpatient Other Services Presentation of Documents Amend/* Repeal/* Reimbursement for Services not Covered by Medicaid Operating Rules and Regulations Amend/* Amend/* Billing the Patient Prohibited Operating Rules and Regulations Amend/* Repeal/* HOME INSPECTOR LICENSURE BOARD Bylaws The rules in Chapter 8 are the engineering and building codes including the approval of school Repeal/* maintenance electricians (.0400); qualification board-limited certificate (.0500); qualification board- Tariffs probationary certificate (.0600); qualification board-standard certificate (.0700); disciplinary actions Repeal/* and other contested matters (.0800); manufactured housing board (.0900); NC Home Inspector Complaints Licensure Board (.1000); home inspector standards of practice and code of ethics (.1100); Repeal/* disciplinary actions (.1200); home inspector continuing education (.1300); Manufactured Housing Data Sheets for Progress Reports Board continuing education (.1400); and alternate designs and construction appeals (.1500). Repeal/* Complaints Operating Budget Amend/* Repeal/* Board Staff Petitions for Rule-Making Hearings Repeal/* Amend/* Investigation Declaratory Rulings Amend/* Amend/* Disciplinary Hearing PUBLIC HEALTH, COMMISSION FOR Amend/* The rules in Chapter 43 are personal health rules. ENVIRONMENTAL MANAGEMENT COMMISSION The rules in Subchapter 2D are air pollution control requirements including definitions and references The rules in Subchapter 43H are rules of the Sickle (.0100);Cell Syndrome, air pollution genetic sources counseling (.0200); and air childrenpollution emergencies (.0300); ambient air quality standards and youth section including rules about the sickle cell(.0400); syndrome emission program control (.0100); standards sickle (.0500);cell contract air pollutants monitoring and reporting (.0600); complex funds (.0200); and genetic health care (.0300). sources (.0800); volatile organic compounds (.0900); motor vehicle emission control standards Medical Services Covered (.1000); control of toxic air pollutants (.1100); control of emissions from incinerators (.1200); Amend/* oxygenated gasoline standard (.1300); nitrogen oxide standards (.1400); general conformity for The rules in Chapter 45 are general procedures for publicfederal health actions programs. (.1600); emissions at existing municipal solid waste landfills (.1700); control of odors (.1800); open burning (.1900); transportation conformity (.2000); risk management program (.2100); The rules in Subchapter 45A are rules about paymentspecial programs orders including (.2200); general emission provisions reduction (.0100); credits (.2300); clean air interstate rules (.2400); mercury eligibility determinations (.0200); eligibility proceduresrules (.0300); for electric reimbursement generators (.2500);(.0400); and and source quality testing (.2600). control (.0500). Applicability General Amend/* Amend/* Definitions Definitions Amend/* Amend/* On-Board Diagnostic Standards Determination of Financial Eligibility Amend/* Amend/* Sale and Service of Analyzers Determination Amend/* Amend/* Model Year 2008 & Subsequent Model Year Authorization Repeal/* Amend/* Toxic Air Pollutant Guidelines Payment Amend/* Amend/* The rules in Subchapter 2Q are from the EMC and relate to applying for and obtaining air quality General permits and include general information (.0100); fees (.0200); application requirements (.0300); acid rain program requirements (.0400); establishment of an air quality permitting program (.0500); RULES REVIEW COMMISSION transportation facility requirements (.0600); toxic air Submissionpollutant procedures of Fee with (.0700); Request exempt for Waiver categories (.0800); and permit exemptions (.0900). Repeal/* Emission Rates Requiring a Permit Refund of Fee if Request for Waiver Granted Amend/* Repeal/* ENVIRONMENT AND NATURAL RESOURCES, DEPARTMENTSubmission of OF Documentation Supporting Fee Waiver Request The rules in Subchapter 12B concern parks andRepeal/* recreation areas including general provisions (.0100); preservation of the park (.0200); bathing (.0300);Fee Waiver refuse Applies and torubbish Both Lobbyist (.0400); and traffic Principal and parking (.0500); boating and camping (.0600); sportsRepeal/* and games (.0700); hunting and fishing (.0800); firearms, explosives, fires, etc. (.0900); disorderly conduct,General public Proof nuisance, of Nonprofit etc. Status (.1000); commercial enterprises, advertising, meetings, exhibitions, etc. (.1100);Repeal/* and miscellaneous (.1200). Firearms; Weapons; Explosives Officers or Persons Authorized to Demonstrate Nonprofit S... Amend/* Repeal/* PUBLIC HEALTH, COMMISSION FOR Submission of Federal Tax-Exempt Determination Letter The rules in Chapter 13 concern Solid Waste Management.Repeal/* The rules in Subchapter 13B concern Solid Waste Management including general provisionsDocuments (.0100); permitsto be Submitted for solid bywaste Nonprofit management Principals Without... facilities (.0200); treatment and processing facilities Repeal/*(.0300); transfer facilities (.0400); disposal sites (.0500); monitoring requirements (.0600); administrativeAdditional penalty Information procedures for Fee Reduction (.0700); septagefor Nonprofit wi... management (.0800); yard waste facilities (.0900); solidRepeal/* waste management loan program (.1000); scrap tire management (.1100); medical waste managementAdditional Information (.1200); dispositionfor Fee Reduction of remains for Nonprofit of wi... terminated pregnancies (.1300); municipal solid wasteRepeal/* compost facilities (.1400); standards for special tax treatment of recycling and resourceContents recovery for Fee equipment Reduction and Request facilities for Nonprofit (.1500); Without ... requirements for municipal solid waste landfill facilitiesRepeal/* (.1600); and requirements for beneficial use of coal combustion by-products (.1700). Additional Information for Fee Waiver General Provisions Repeal/* Amend/* CERTIFIED PUBLIC ACCOUNTANT EXAMINERS, BOARD OF SECRETARY OF STATE, DEPARTMENT OF The rules in Subchapter 8A are departmental rules including organizational rules (.0100), board The rules in Chapter 12 concern lobbying includingprocedures general provisions (.0200), and (.0100); definitions forms (.0300). completion (.0200); submission, review, amendment, and correction of documents (.0300); fees (.0400); Definitions economic information confidentiality protection (.0500); registration requirements and ending of Amend/* lobbyist-principal relationship (.0600); disclosure of lobbyist and principal identity (.0700); lobbyist reporting (.0800); reporting by principal (.0900); solicitorsThe rulesand the in solicitationSubchapter of 8Fothers are (.1000);the requirements liaison for CPA examination and certificate applicants personnel (.1100); confidentiality and records (.1200);including preservation general of records provisions by lobbyists, (.0100), principals,fees and refunds (.0200), educational requirements (.0300), solicitors and liaisons (.1300); and department provisionexperience of lists to (.0400), designated and applications individuals (.1400). (.0500). Limitations on Fee Reduction or Waiver Filing of Examination Applications and Fees Repeal/* Amend/* Nonprofits to Which No Fee Reduction or Waiver ShallApplication Be G... for CPA Certificate Repeal/* Amend/* Nonprofit Fee Reduction Procedure The rules in Subchapter 8G are the continuing professional education requirements including general Repeal/* provisions (.0100); responsibilities to clients and colleagues (.0200); and other responsibilities and requirements (.0300 and .0400). Submission of Reduced Fee Repeal/* CPE Requirements for CPAS Amend/* Submission of Documentation Supporting Fee Reduction Request Repeal/* Qualification of CPE Sponsors Amend/* Fee Reduction Applies to Both Lobbyist and Principal Repeal/* Computation of CPE Credits Amend/* Payment of Remainder of Fee if Reduction Repeal/* Professional Ethics and Conduct CPE Amend/* Consequences of Failure to Pay Reminder of Fee Repeal/* The rules in Subchapter 8I concern revocation of certificates and other disciplinary action. Nonprofit Fee Waiver Procedure Modification of Discipline Repeal/* Amend/* RULES REVIEW COMMISSION The rules in Subchapter 8J concern renewals and registrations.Inspection Reports and Reports of Students Hours Retired and Inactive Status: Change of Status Repeal/* Amend/* Withdrawals Forfeiture or Inactivation of Certificate and ReissuanceRepeal/* ... Amend/* Transfer of Credit Mailing Addresses of Certificate Holders and CPA FirmsRepeal/* Amend/* Student Daily Records The rules in Subchapter 8M relate to the StateRepeal/* Quality Review program including general requirements (.0100), duties of the reviewed firm Report (.0200), of reviewEnrollment team qualifications and duties (.0300), and advisory committee (.0400). Repeal/* Peer Review Requirements Seal Amend/* Repeal/* The rules in Subchapter 8N are professional ethicsSummary and of conduct Cosmetic rules Art Education including scope and applicability (.0100); rules applicable to all CPAs (.0200);Repeal/* rules applicable to CPAs who use the CPA title in offering or rendering products or services toUniform clients (.0300); and rules applicable to CPAs performing attest services (.0400). Repeal/* Deceptive Conduct Prohibited Reception Area Amend/* Repeal/* Discreditable Conduct Prohibited Reception Area Sign Amend/* Repeal/* Reporting Convictions Judgments and Disciplinary ActionsBulletin Board Amend/* Repeal/* COSMETIC ART EXAMINERS, BOARD OF Sanitation Rules The rules in Subchapter 14G give the requirements forRepeal/* the establishment of cosmetic art schools. Requirements for Operating Cosmetic Art Schools Dressing Room Repeal/* Repeal/* Equipment and Teachers Recitation Room Repeal/* Repeal/* Visitation Library Repeal/* Repeal/* Student Credit Classroom Bulletin Board Repeal/* Repeal/* Transferability of Letters of Approval Classroom Work Repeal/* Repeal/* Changes of Location Ownership or Management The rules in Subchapter 14J cover the cosmetology curriculum including the beginners' department Repeal/* (.0100); the advanced department (.0200); combined studies (.0300); the course of study (.0400); Condition of Equipment and credit for study outside of North Carolina (.0500). Repeal/* Department System Teacher/Student Ratio Repeal/* Repeal/* Uniform Changes in Teaching Staff Repeal/* Repeal/* Time Requirements According to Hours School Curriculum Approval (A) No Cosmetic Art ShopRepeal/* or an... Repeal/* Approved Rules The rules in Subchapter 14I govern the operation ofRepeal/* cosmetic art schools including record keeping (.0100); the reception area (.0200); classrooms (.0300);Eligibility and licensure for Advanced of convicted Department felons (.0400). Permanent Files Repeal/* Repeal/* Storing and Labeling of Cosmetics Daily Record Repeal/* Repeal/* Storing and Labeling of Cosmetics RULES REVIEW COMMISSION Repeal/* Repeal/* Equipment in Advanced Department Storing and Labeling of Cosmetics Repeal/* Repeal/* The rules in Subchapter 14K deal with the manicuristEquipment curriculum. Uniforms Repeal/* Repeal/* Performances Course of Study Repeal/* Repeal/* Students' Personal Supplies Equipment and Instruments Repeal/* Repeal/* Tests Services Performed Repeal/* Repeal/* Approval of Credit for Natural Hair Care Instruction/Anot... Identification Pins Repeal/* Repeal/* Services Performed The rules in Subchapter 14L deal with teacher qualificationsRepeal/* and examinations (.0100) and teacher program and curriculum (.0200). Licensing of Natural Hair Care Specialists Supervision of Cosmetic Art Teacher Trainee Repeal/* Repeal/* The rules in Subchapter 14T concern cosmetic art schools including the scope of the rules and Time Requirements for Teacher Trainee Program school applications (.0100); physical requirements for cosmetic art schools (.0200); school equipment Repeal/* and supplies (.0300); student equipment (.0400); record keeping (.0500); curricula for all cosmetic art Effect on Student-Teacher Ration disciplines (.0600); school licensure, operations, closing and relocating schools (.0700); school Repeal/* inspections (.0800); and disciplinary actions (.0900). Work on Public Prohibited Permanent Records, Forms and Documentation Repeal/* Amend/* Teacher's Manual and Supervision DENTAL EXAMINERS, BOARD OF Repeal/* The rules in Subchapter 16H concern dental assistants including classification and training (.0100); Teacher Training Curriculum and permitted functions of dental assistant (.0200). Repeal/* Permitted Functions of Dental Assistant II The rules in Subchapter 14O are esthetician curriculumAmend/* rules. Uniforms LANDSCAPE CONTRACTORS REGISTRATION BOARD Repeal/* Chapter 28 contains rules for the Registration Board of Landscape Contractors including statutory Course of Study and administrative provision (.0100); practice of landscape contractor (.0200); examination and Repeal/* licensing procedures (.0300); rules: petitions: hearings (.0400); declaratory rulings (.0500); Equipment and Instruments administrative hearings: procedures (.0600). Repeal/* Authority: Name and Location of Board Services Performed Amend/* Repeal/* OCCUPATIONAL THERAPY, BOARD OF Identification Pins The rules in Chapter 38 cover organization and general provisions (.0100); application for license Repeal/* (.0200); licensing (.0300); business conduct (.0400); provisions concerning rulemaking (.0500); The rules in Subchapter 14P are civil penalty rules. administrative hearing procedures (.0600); professional corporations (.0700); continuing competence Sanitary Ratings and Posting of Ratings - Applicable activityto E... (.0800); supervision, supervisory roles, and clinical responsibilities of occupational therapists Repeal/* and occupational therapy assistants (.0900); supervision of limited permittees (.1000); and supervision of unlicensed personnel (.1100). The rules in Subchapter 14S concern natural hair care curriculum. License Number: Display of License Uniform Amend/* Repeal/* Continuing Competence Requirements for Licensure Time Requirements According to Hours Amend/* Repeal/* SOCIAL WORK CERTIFICATION AND LICENSURE BOARD Approved Field Trips Repeal/* The rules in Chapter 63 deal with Social Work Certification including general rules (.0100); certification (.0200); examinations (.0300); renewal of certification (.0400); ethical guidelines (.0500); Equipment for Beginner Department RULES REVIEW COMMISSION disciplinary procedures (.0600); adoption of rules (.0700); and professional corporations and limited liability companies. Don Overby Renewal Fees Amend/* Required Reporting By Licensee of Changes to Board Amend/* AGENCY Petitions for Adoption of Rules Amend/* ALCOHOLIC BEVERAGE CONTROL COMMISSION James Ivery Smith, Ivy Lee Armstrong v. ABC Commission Declaratory Rulings Trawick Enterprises LLC v. ABC Commission Amend/* Dawson Street Mini Mart Lovell Glover v. ABC Commission ABC Commission v. Christian Broome Hunt T/A Ricky's Sports Bar and Grill Alabarati Brothers, LLC T/A Day N Nite Food Mart, v. ABC Commission Playground LLC, T/A Playground v. ABC Commission This Section contains the full text of some of the more significant AdministrativeABC Commission Law v. Quick Judge Quality, decisions Inc., along T/A Rock with Star an indexGrill and to Bar all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the decisions listed in the index and not published are available uponABC request Commission for a minimal v. D's Drive charge Thru by Inc. contacting T/A D's Drive the OfficeThru of Administrative Hearings, (919) 431-3000. Also, the ContestedABC CaseCommission Decisions v. Choudhary, are available LLC T/A onSpeedway the Internet at http://www.ncoah.com/hearings. ABC Commission v. Dos Perros Restaurant LLC T/A Dos Perros Restaurant ABC Commission v. Bobby Warren Joyner T/A Hillsdale Club ABC Commission v. Quick Quality, Inc., T/A Rock Star Grill and Bar OFFICE OF ADMINISTRATIVE HEARINGS ABC Commission v. Fat Cats Grill and Oyster Bar Inc, T/A Fat Cats Grill and Oyster Bar ABC Commission v. Wachdi Khamis Awad T/A Brothers in the Hood Chief Administrative Law Judge ABC Commission v. Double Zero, LLC, T/A Bad Dog JULIAN MANN, III ABC Commission v. Soledad Lopez de Avilez T/A Tienda Avilez Senior Administrative Law Judge ABC Commission v. Two Brothers Food Market, Inc., T/A Circle Mart FRED G. MORRISON JR. ABC Commission v. Grandmas Pizza LLC T/A Grandmas Pizza Hector Diaz v. ABC Commission ABC Commission v. Ola Celestine Morris T/A Nitty Gritty Soul Cafe ADMINISTRATIVE LAW JUDGES Two Brothers Food Market Inc., Circle Mart, Kenneth Kirkman v. ABC Commission
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY Beeche Maggie Yvonne Graham v. Victims Compensation Commission r R. Gray Brian J. Johnson v. Department of Public Safety Victim Services George H. Jaggers, III v. Crime Victims Compensation Commission Teresa Herbin v. Department of Public Safety Victim Services Jacqueline M Davis victim-Antonio T Davis v. Dept. of Public Safety Demario J. Livingston v. Dept. of Public Safety Victim Services Shirley Ann Robinson v. NC Crime Victims Compensation Commission Randall Harold Eugene Merritt v. State Highway Patrol May Vanda Lawanda Johnson v. Office of Victim Compensation Latoya Nicole Ritter v. Crime Victim Compensation Commission, Janice Carmichael Selina Brooks Teresa f. Williams v. Crime Victims Compensation Commission Angela Clendenin King v. Office of Administrative Hearings NC Crime Victims Comp Commission Matthew B. McGee v. NC Victims Compensation Commission
DEPARTMENT OF HEALTH AND HUMAN SERVICES A. B. Stonesthrow Group Home Medicaid Provider #6603018 Owned by Alberta Professional Elkins Services Inc v. DHHS, Division of Mental Health/Development Disabilities/ II Substance Abuse, and DMA
Melissa Bright Haven Residential and Community Care d/b/a New Directions Group Home v. Owens Division of Medical Assistance, DHHS Lassite Warren W Gold, Gold Care Inc. d/b/a Hill Forest Rest Home, v. DHHS/Division of Health r Service Regulation, Adult Care Licensure Section Warren W Gold, Gold Care Inc. d/b/a Hill Forest Rest Home v. DHHS, Division of Health Service Regulation, Adult Care Licensure and Certification Section Gold Care Inc. Licensee Hill Forest Rest Home Warren W. Gold v. DHHS, Adult Care Licensure Section Craig Robert T. Wilson v. DHHS, DHSR Croom Daniel J. Harrison v. DHHS Division of Health Service Regulation
Mary Ann Barnes v. DHHS, Division of Health Service Regulation, Health Care Personnel Registry RULES REVIEW COMMISSION Comprehensive PT Center v. DHHS, Division of Medical Assistance Ms. Antoinette L. Williams v. DHHS Cherry's Group Home, Alphonso Cherry v. DHSR Michelle Elliot Felicia McGee Owner of Carrie's Loving Hand Inc. and Caring Arms Inc v. DHHS, DHSR Leslie Taylor v. DHHS, Division of Health Regulation Mental Health Licensure Certification Powell's Medical Facility and Eddie N. Powell, M.D., v. DHHS, DivisionTricia of Medical Watkins v. DHHS, Division of Medical Assistance, Office of Medicaid TLW- Assistance Auditing Office Julie Sadowski v. DHHS, Division of Health Service Regulation First Path Home Care Services Gregory Locklear v. DHHS Carlos Kendrick Hamilton v. DHHS, Division of Social Services Rochelle A. Gaddy v. DHHS, Division of Health Service Regulation Teresa Diane Marsh v. DHHS, Division of Health Service Regulation Patriotic Health Care Systems, LLC v. DHHS Betty Parks v. Division of Child Development, DHHS John and Christina Shipman v. DHHS Lorrie Ann Varner v. DHHS, Regulation Health Care Personnel Registry SectionTeam Daniel, LLC v. DHHS, DMA Brenda Brewer v. DHHS, Division of Child Development Leslie Taylor, Octavia Carlton, Paula Carlton Timothy John Murray v. DHHS, Division of Health Service Regulation Madeline Brown v. DHHS, Division of Health Service Regulation Holly Springs Hospital II, LLC v. DHHS, Division of Health Service Regulation,Evelyn Evans CON v. DHHS, Division of Health Service Regulation Section and Rex Hospital, Inc., Harnett Health System, Inc. and WakeMedShannon Santimore v. DHHS, Division of Public Health, Epidemiology Section Rex Hospital, Inc., v. DHHS, Division of Health Service Regulation, CONPrecious Section Haven and Inc. Melissa McAllister v. DHHS, Program Integrity WakeMed, Holly Springs Hospital II, LLC, and Harnett Health System,Michael Inc. and Jamie Hart v. Davidson County, Department of Social Services Harnett Health System, Inc., v. DHHS, Division of Health Service Regulation,Annamae CON Section R. Smith v. DHHS, Division of Medical Assistance and Rex Hospital, Inc., Holly Springs Hospital II, LLC, and WakeMedOur Daily Living, Christopher OnWuka, Director v. DHHS WakeMed v. DHHS, Division of Health Service Regulation, CON SectionRight and Trax Holly Inc., Maria Lewis v. DHHS, Division of Health Service Regulation, Mental Springs Hospital II, LLC, Rex Hospital, Inc., and Harnett Health System, Inc Health Licensure & Certification Sandra Ellis v. DHHS Jessica L Thomas v. Randolph County DSS Shirley Dowdy v. DHHS Moses E Shoffner v. DHHS, Division of Child Development Vendell Haughton v. DHHS, Division of Medical Assistance Marco Evans v. DHHS, Division of Health Service Regulation Tarsand Denise Morrison v. DHHS, Division of Health Service Regulation James C. Bartley v. DHHS, DMA Care Well of Charlotte Inc, Joy Steele v. DHHS Estate of Mary P Lipe Medicaid ID #901463645S Alvena C Heggins v. DHHS, DMS Carrie's Loving Hands Inc. #MHL #040-047 Felicia McGee v. DHHS, DHSR, Mental(DHHS Medicaid) Health Licensure and Certification Emelda Bih Che v. Health Care Personnel Registry Carrie's Loving Hands Inc. #MHL #010-047 Felicia McGee v. DHHS, DHSR,Daycare Mental for all the Nations, Abura B. Jackson v. DHHS, Division of Child Development Health Licensure and Certification LaBrenda Jane Elliot v. DHHS, Division of Medical Assistance Michael Timothy Smith, Jr. v. DHHS, Division of Health Service Regulation Esther H Beal v. Office of Chief Medical Examiner John S. Won v. DHHS James Johnson v. DHHS, Division of Health Service Regulation Cynthia Tuck Champion v. DHHS, Division of Health Service Regulation Youth Opportunities v. DHHS, Division of Medical Assistance Leslie Taylor, and Octavia Carlton v. Mecklenburg County Department of SocialTammy Services Isley v. Division of Child Development and Early Education Youth and Family Services Division Cathy Crosland v. DHHS, Division of Health Service Regulation Lauren Stewart v. DHHS, Division of Health Service Regulation, Health CareDwight Personnel William Osborne v. Glana M Surles, DHHS (Medicaid) Registry Brenda Triplett Andrews v. DHHS, Division of Health Service Regulation Alice M. Oakley v. Division of Child Development, DHHS Southern Living Home Care Agency Inc., v. DHHS Andrea D. Pritchett v. DHHS Healthcare Personnel Registry Section Symakla Home Healthcare v. DHHS-Hearing Office McWilliams Center for Counseling Inc., v. DHHS, DMH, DevelopmentalBeverly Disabilities, Coleman v. DHHS, Division of Health Service Regulation, Health Care Personnel Substance Abuse Services, and agency of the State of NC Registry Section Althea L. Flythe v. Durham County Health Department Gregory Howard v. Health Care Personnel Registry Jerri Long v. DHHS, Division of Health Service Regulation, Health Care PersonnelJoshua Registry Goss v. DHHS, Division of Health Service Regulation, Health Care Personnel Renal Advantage, Inc., v. DHHS, Division of Health Service Regulation, CON Section Registryand DVA Healthcare Renal Care, Inc Harrison E Shell Jr v. Wake County Human Services Angela Moye v. DHHS, Division of Health Service Regulation, Health Care PersonnelA Unique Solution Bertha M. Darden v. Division of Child Development & Early Education Registry Valtina Bronson v. DHHS, Division of Health Service Regulation Jessica Lynn Ward v. DHHS Danny Skipper AKA Danny Skipper v. DHHS, Division of Health Services Regulation Trinity Child Care II & I v. DHHS, Division of Public Health, Child and AdultStalin Care Bailon Food v. Department of Social Services Program Tonya Diane Warfield v. DHHS, Division of Health Service Regulation, Health Care Dr. Karen J. Williams, LPC v. DHHS, Division of Medical Assistance Personnel Registry Section Faith Home Care of NC, Bonita Wright v. DHHS, DMA Our Daily Living, Christopher OnWuka, Director v. DHHS Olar Underwood v. Division of Child Development and Early Education Latricia N. Yelton, OT v. DHHS, Division of Medical Assistance Angela C Jackson v. DHHS Brittney Nicole Brabham v. DHHS, Division Health Service Regulation, Healthcare Paula N Umstead v. DHHS Personnel Registry Daniel W. Harris, Jr., v. DHHS, Division of Health Service Regulation Darina Renee Ford v. DHHS ACI Support Specialists Inc. Case #2009-4249 v. DHHS Marquis Gerade Harrell v. DHHS, Health Care Personnel Registry, Leslie Chabet AriLand Healthcare Service, LLC, NCMHL #018-092, Shawn Kuhl DirectorFuture of Operations Innovations, LLC and David F. Curtis v. DHHS, Division of Health Service v. DHHS, Emery E. Milliken, General Counsel Regulation, Mental Health Licensure Section Kenneth Holman v. DHHS Future Innovations, LLC and David F. Curtis v. DHHS, Division of Health Service Hillcrest Resthome Inc. ($2000 penalty) v. DHHS Regulation, Mental Health Licensure Section Hillcrest Resthome Inc. ($4000 penalty) v. DHHS Future Innovations, LLC and David F. Curtis v. DHHS, Division of Health Service Vivian Barrear v. DHHS, Division of Medical Assistance DHHS Regulation, Mental Health Licensure Section Patricia Satterwhite v. DHHS KMG Holdings Inc. – The Lighthouse II of Clayton MHL #051-138 v. DHHS, Division Anthony Moore d/b/a Hearts of Gold II v. DHHS, Division of Health Service Regulation,of Health Licensure and Certification Adult Care Licensure Section Curtain Climbers, Rhonda Corn v. Division of Child Development, DHHS Timothy L Durham v. DHHS, Division of Health Services Regulation Speakeasy Therapy, LLC v. DHHS, Division of Medical Assistance Clydette Dickens v. Nash Co DSS Faline Dial v. DHHS, Division of Medical Assistance Nicole Lynn Hudson v. DHHS, Division of Health Service Regulation PRN Medical Resources, PLLC v. DHHS, Division of Medical Assistance American Mobility LLC, Norman Mazer v. DHHS Denise Marie Shear v. DHHS, Division of Health Service Regulation American Mobility LLC, Norman Mazer v. DHHS Irene Renee McGhee v. DHHS Robert Lee Raines v. DHHS Terique Epps, Family Legacy Mental Health Services DBA Task Inc v. DHHS and PBH RULES REVIEW COMMISSION Angela Mackey v. DHHS, Division of Health Service Regulation Treasure Dominique Corry v. State of NC Nurse Aide Registry Eloise Dowtin v. The Emmanuel Home IV v. Division of Health Service RegulationCumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System v. DHHS, Orlando Stephen Murphy v. DHHS, DHSR, Health Care Personnel Division of Health Service Regulation Certificate of Need Section and FirstHealth of the Irene Wortham Center, Inc., v. DHHS, DMA Carolinas, Inc. d/b/a FirstHealth Moore Regional Hospital Yolanda McKinnon v. DHHS Bio-Medical Applications of North Carolina, Inc., D/B/A FMC Anderson Creek Koffi Paul Aboagye v. DHHS, Division of Health Service Regulation Mark Thomas v. DHHS, Division of Health Service Regulation Linda Johnson v. Caswell Center Annie Garner Ham v. DHHS, Division Health Service Regulation Carolina Family Alliance, c/o Sabrian Mack Exec Director v. DHHS Daniel Saft, A+ Residential Care (MHL #092-811) v. DHHS, DHSR, MentalInder P Health Singh v. DHHS, WIC Licensure and Certification Section Natasha Howell v. DHHS, Division of Health Service Regulation Jannett E. Myers v. DHHS, Division of Health Service Regulation Loretta Tinnin v. Division of Medical Assistance Gloria Mitchell v. DHHS, Division of Medical Assistance Family Choice Home Care v. DHHS Katherine Free v. DHHS, Division of Medical Assistance Leenorta Cooper v. DHHS, Division of Health Service Regulation Ronald Dixon v. Division of Child Development, DHHS Larry Ratliff, Jr., Alena Ratliff, Larry Ratliff, Sr. v. DHHS, Division of Health Service Hillcrest Convalescent Center, Inc. v. DHHS, Division of Health Service Regulation,Regulation, Health Care Personnel Registry Certificate of Need Section, and E.N.W., LLC and Bellarose NursingLarry and Ratliff, Rehab Jr., Alena Ratliff, Larry Ratliff, Sr. v. DHHS, Division of Health Service Center, Inc.; Liberty Healthcare Properties of West Wake County, LLC, LibertyRegulation, Health Care Personnel Registry Commons Nursing and Rehabilitation Center of West Wake County,Larry LLC, Ratliff, Liberty Jr., Alena Ratliff, Larry Ratliff, Sr. v. DHHS, Division of Health Service Healthcare Properties of Wake County LLC, and Liberty Commons NursingRegulation, and Health Care Personnel Registry Rehabilitation Center of Wake County, LLC; Britthaven, Inc. andNikko Spruce & ShannonLTC Scott v. DHHS Group, LLC; and AH North Carolina Owner LLC d/b/a The HeritageClarice of Raleigh Johnson v. DHHS, Division of Health Service Regulation Liberty Healthcare Properties of West Wake County, LLC, Liberty CommonsDoris Nursing Wilson and v. DHHS, Division of Health Service Regulation Rehabilitation Center of West Wake County, LLC, Liberty HealthcareTeresa Properties Anne Davis v. DHHS, Division of Health Service Regulation, Health Care Personnel of Wake County LLC, and Liberty Commons Nursing and Rehabilitation CenterRegistry of Wake County, LLC v. DHHS, Division of Health ServiceMarcella Regulation, Marsh v. Forsyth County Department of Social Services Certificate of Need Section, and Hillcrest Convalescent Center, Inc.;Wanda E.N.W., Jones LLC v. DHHS and Bellarose Nursing and Rehab Center, Inc.; Britthaven, Inc. andBerta Spruce M. SpencerLTC v. DHHS, Office of the Controller Group, LLC; and AH North Carolina Owner LLC d/b/a The HeritageBenjamin of Raleigh Headen and Pamela Headen v. DHHS Jah Mary Weese v. DHHS, Division of Health Service Regulation Lelia Knox v. DHHS, Division of Child Development AH North Carolina Owner LLC d/b/a The Heritage of Raleigh v. DHHS, DivisionLashondrea of Health Nixon v. DHHS, Division of Health Service Regulation Service Regulation, Certificate of Need Section, and Hillcrest Edward Convalescent E. Speaks, Jr. v. Central Regional Hospital Center, Inc.; E.N.W., LLC and Bellarose Nursing and Rehab Center,Scott Inc.; Hollifield Liberty v. McDowell County DSS Healthcare Properties of West Wake County, LLC, Liberty CommonsTammi Nursing D. Nichols and v. DHHS, Division of Health Service Regulation Rehabilitation Center of West Wake County, LLC, Liberty HealthcareHolly Properties L. Crowell v. DHHS, Division of Health Service Regulation of Wake County LLC, and Liberty Commons Nursing and RehabilitationChristopher Center H. Brown DDS PA v. Department of Medical Assistance of Wake County, LLC; and Britthaven, Inc. and Spruce LTC Group,Lawson LLC Support Services LLC v. DHHS, Division of Medical Assistance Mission Hospital, Inc. v. DHHS Division of Health Service Regulation CertificateJuan M. of NobleNeed v. DHHS, Division of Health Service Regulation Section, and Fletcher Hospital, Inc. d/b/a Park Ridge Health Monalisa and Carolina Victoria Freeman v. DHHS, Division of Health Service Regulation Gastroenterology Endoscopy Center, LLC Johnathan Bradley v. DHHS, Division of Health Service Regulation Clifford Lee Druml v. DHHS, Division of Medical Assistance Melissa Stephen Ingle v. DHHS, Division of Child Development Natasha Dionne Howell v. DHHS, Division of Health Service Regulation E. W. Stone Adult Care Center, Evelyn W. Stone v. DHHS White Oak Homes II Inc., Lisa Atkinson v. DHHS, Mental Health LicensureMartha Watson and v. DHHS, Division of Social Services Certification Section, Division of Health Service Lawson Support Services LLC v. DHHS, Division of Medical Assistance Erica Eileen Thomas v. DHHS, Division of Health Service Regulation Matthew Bradshaw v. DHHS, Division of Health Service Regulation Tammy Isley v. Division of Child Development and Early Education Countryside Villa Hal 026-046 John A. Weeks v. DHHS, Division of Health Service Eddie Cannon v. DHHS, Division of Health Service Regulation, Personnel Registry Regulation Carolyn Ragin v. DHHS, Division of Health Services Regulation Betty S. Mintz v. DHHS, Division of Health Service Regulation Omar Vickers v. Office of Administrative Hearings Lashawn R. Holland v. DHHS, Division of Health Service Regulation April Hood-Baker v. DHHS, DMA Glana M Surles Thomas and Elberta Hudson v. DHHS, Division of Social Services Heritage Home Care Agency Inc., Rico Akvia Wagner v. Department of HumanVictoria Services S. Hargrave v. DHHS, Division of Health Service Regulation Hearing Office Paul A. Fredette v. DHHS, Division of Health Service Regulation Surgical Care Affiliates, LLC and Blue Ridge Day Surgery Center, L.P. v. DHHS,A Angel's Division Touch In Home Care v. DHHS of Health Service Regulation, Certificate of Need Section, and WakeMedCandace Richardson v. Health Care Personnel Registry Tyshon & Shannetta Barfield v. DHHS Estate of Ross Lewis; Ronald B. Lewis v. Office of Administrative Hearings Vicki Lucas-Crowder v. Division of Medical Assistance Dennishia Marsalia DuBose v. Sol Weiner RN HCPR Investigator Cynthia M Rose v. Division of Child Development, DHHS Precyous Cheniae Johnson v. DHHS, Division of Health Service Regulation Gina Lynne Gilmore Lipscomb v. Health Care Personnel Registry A Angel's Touch In Home Care v. DHHS Asheville Speech Associates v. DHHS, Division of Medical Assistance Our Daily Living MHL 032-481 Christopher Onwuka v. DHHS, DHSR, MentalDEPARTMENT Health OF ADMINISTRATION Licensure and Certification Meherrin Indian Tribe v. Commission of Indian Affairs Glenda Lee Hansley v. DHHS Sonia Coles Bowers v. DHHS, Division of Social Services DEPARTMENT OF CORRECTIONS Carolina Solution, Inc v DHHS Myron Roderick Nunn v. Jennifer O'Neal, Accountant DOC A Unique Solution Bertha M. Darden v. Division of Child Development & Early Education Angels Home Health, Charlotte Robinson, and LaShonda Wofford v. DHHS Moses Leon Faison v. Department of Correction David Keith Trayford v. Division of Medical Assistance via Administrative HearingClarence Office E. Williams, Jr. v. State of NC, D.H.O. Austin Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health SystemClarence v. DHHS, E. Williams, Jr. v. State of NC, D.H.O. Linwood M. Best Division of Health Service Regulation Certificate of Need Section and FirstHealth of the Carolinas, Inc. d/b/a FirstHealth Moore Regional Hospital DEPARTMENT OF JUSTICE Speech and Therapy Solutions v. DHHS Tommy Keith Lymon v. Criminal Justice Education and Training Standards Commission Agape Services, Inc. v. Program Integrity Section of DMA RULES REVIEW COMMISSION Joseph T. Ferrara v. Private Protective Services Board Greary Michael Chlebus v. Criminal Justice Education and Training StandardsJovan Commission Lamont Sears v. Private Protective Services Board Steven Davis Boone v. Sheriffs' Education and Training Standards CommissionChristopher Robell Hunter v. Sheriffs' Education and Training Standards Commission Dillan Nathanuel Hymes v. Criminal Justice Education and Training StandardsMarilyn Commission Cash Smalls v. Sheriffs' Education and Training Standards Commission Barbara Renay Whaley v. Criminal Justice Education and Training Standards TimothyCommission Allen Bruton v. Criminal Justice Education and Training Standards Commission Robert Kendrick Mewborn v. Criminal Justice Education and TrainingBilal Standards Abdus-Salaam v. Ciminal Justice Education and Training Standards Commission Commission Lee Daniel Wilkerson v. Criminal Justice Education and Training Standards Commission Athena Lynn Prevatte v. Sheriffs' Education and Training Standards CommissionBrad Tisdale v. Criminal Justice Education Training Standards Commission Shatel Nate Coates v. Sheriffs' Education and Training Standards Clinton Weatherbee Jr v. Criminal Justice Education and Training Standards Commission James Lee Ray v. Sheriffs' Education Training Standards Ko Yang v. Sheriff's Education and Training Standards Commission JonPaul D. Wallace v. Private Protective Services Board Dustin Edward Wright v. Sheriffs' Education and Training Standards CommissionAndrew George Anderson v. Sheriffs' Education and Training Standards Commission Walter Scott Thomas v. Sheriff's Education and Training Standards CommissionFrank John Fontana, Jr. v. NC Alarm Systems Licensing Board Darryl Howard v. Criminal Justice Education and Training Standards CommissionJerome Douglas Mayfield v. Private Protective Services Board John Jay O'Neal v. Criminal Justice Education and Training Standards CommissionCameron Imhotep Clinkscale v. Private Protective Services Board Charlesene Cotton v. Criminal Justice Education and Training Standards CommissionAshely B. Sellers v. NC Alarm Systems Licensing Board William James Becker v. Criminal Justice Education and Training Standards CommissionEddie Hugh Hardison v. Private Protective Services Board Steve Michael Galloway, Jr, Private Protective Services Board Tony Lynn Cannon v. Sheriffs' Education and Training Standards Commission Justin Thomas Medlin v. Alarm Systems Licensing Board Marcus Teer Benson v. Private Protective Services Board Steven Wesley Jones v. Sheriffs' Education and Training Standards Commission Argentina Rojas v. Department of Justice, Campus Police Officer CommissionLogan Roy Clonts v. Sheriffs' Education and Training Standards Commission Bruce Clyde Shoe v. Private Protective Services Board LaMarcus Jarrel Outing v. Criminal Justice Education and Training Standards Commission Angela Louise Giles v. Private Protective Services Board Jeffrey D. Angell v. NC Alarm Systems Licensing Board Marshall Todd Martin v. Sheriffs' Education Myron Troy Davidson v. Private Protective Services Board Frances Gentry Denton v. Sheriffs' Education and Training Standards CommissionMarcus L. Fuller v. Private Protective Services Board James Philip Davenport v. Criminal Justice Education and Training StandardsMartise Commission Lamar Jones v. NC Alarm Systems Licensing Board Alvin Louis Daniels v. Criminal Justice Education and Training Standards CommissionCharles Robert Austin, Jr. v. NC Alarm Systems Licensing Board Michael Wayne McFalling v. Private Protective Services Board Reza M. Salami v. NC Department of Justice and Attorney General Roy Cooper Robert John Farmer v. Alarm Systems Licensing Board Ricky Lee Ruhlman v. Private Protective Services Board DEPARTMENT OF LABOR Leroy Wilson Jr., Private Protective Services Board United Quest Care Services v. Department of Labor Clyde Eric Lovette v. Alarm Systems Licensing Board Absolute Contracting Service Inc., Felicia Myers v. NCDOL, Adriana King Vincent Tyron Griffin v. Alarm Systems Licensing Board Andre Carl Banks Jr., v. Alarm Systems Licensing Board DEPARTMENT OF TRANSPORTATION Ryan Patrick Brooks v. Private Protective Services Board Lorie Cramer v. NC Quick Pass Customer Service Center and DOT Dustin Lee Chavis v. Private Protective Services Board Jeffrey Adam Hopson v. Sheriffs' Education and Training Standards CommissionDEPARTMENT OF STATE TREASURER John Henry Ceaser v. Sheriffs' Education and Training Standards CommissionDwaine C. Coley v. Department of State Treasurer Jerome Douglas Mayfield v. Private Protective Services Board Elijah K. Vogel v. Private Protective Services Board Ella Joyner v. Department of State Treasurer Retirement System Division Timmy Dean Adams v. Department of Justice, Company Police Program William R. Tate v. Department of Treasurer, Retirement System Division Carlito Soler v. Alarm Systems Licensing Board Brenda C. Hemphill v. Department of Treasurer, Retirement System Division Danielle Marie Taylor v. Criminal Justice Education and Training Standards CommissionRussell E. Greene v. Department of State Treasurer Retirement Systems Division Rodney Lyndolph Bland v. Criminal Justice Education and Training StandardsJames Commission A Layton v. Department of State Treasurer Sherman Montrell Devon McQueen v. Criminal Justice Education and Marsha Training W andLilly, Robert L Hinton v. Retirement System Standards Commission Matthew Brian Hayes v. Criminal Justice Education and Training Standards CommissionSTATE BOARD OF EDUCATION Antonio Cornelius Hardy v. Criminal Justice Education and Training Standards Commission Louis A. Hrebar v. State Board of Education Jonathan Dryden Dunn v. Sheriffs' Education and Training Standards Delene Huggins v. Department of Public Instruction Barry Louis Christopher, Jr v. Private Protective Services Board Myra F. Moore v. NC Board of Education Bettina Hedwig Vredenburg v. Sheriffs' Education and Training Standards Commission Dwayne White v. Department of Public Instruction, NC State Board of Education Wallace Connell Ranson v. Sheriffs' Education and Training Standards Commission Jeffery Sloan v. NCDPI Raymond Louis Soulet v. Sheriffs' Education and Training Standards Commission Graham Avon Hager v. Sheriffs' Education and Training Standards Commission Lia C Long v. DPI Dustin Wilson Grant v. Sheriffs' Education and Training Standards Commission North Carolina Learns Inc. d/b/a North Carolina Virtual Academy Glenn Alvin Brand v. Sheriffs' Education and Training Standards Commission Katherine Kwesell Harris v. Public Schools, Board of Education Shannon Wallace v. DHHS Bonnie Aleman v. State Board of Education, Department of Public Instruction Lawrence W. Sitgraves v. Private Protective Services Emma Seward v. Department of Public Instruction Collin Michael Berry v. Private Protective Services Board Jodi Esper v. Department of Public Instruction Tiffany Ann Misel v. Private Protective Services Board Wanda McLaughlin v. State Board of Education John Machouis v. Alarm Systems Licensing Board Christopher A. Field v. Private Protective Services Board Porschea Renee Williams v. Private Protective Services Board DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Ralph R. Hines v. Criminal Justice Education and Training Standards Pamlico-Tar River Foundation, NC Coastal Federation, Environmental Defense Fund, and William Franklin Dietz v. Criminal Justice Education and Training Standards Sierra Club v. DENR, Division of Water Quality and PCS Phosphate Company, Elizabeth Crooks Goode v. Criminal Justice Education and Training StandardsInc Commission Kareen Jesaad Taylor v. Sheriffs' Education and Training Standards Commission Sabrina Richelle Wright v. Sheriffs' Education and Training Standards CommissionALCHEM Inc., v. NCDENR Phillip Eugene Dendy v. Sheriffs' Education and Training Standards CommissionDon Hillebrand v. County of Watauga County Health Dept Reginald E. James v. Private Protective Services Board ALCHEM Inc., v. NCDENR Omega Young v. Private Protective Services Board House of Raeford Farms, Inc., v. DENR RULES REVIEW COMMISSION David B. Stone v. Department of Cultural Resources Lacy H Caple DDS v. Division of Radiation Protection Bennifer Pate Pattie Hollingsworth v. Fayetteville State University Friends of the Green Swamp and Blue Ridge Environmental Defense League,William Inc v. DENR C. Spender v. Dept. of Agriculture & Consumer Services, Veterinary Division Division of Waste Management and Waste Management of the Carolinas,Terrence Inc., McDonald v. NCSU d/b/a Terrence McDonald v. DHHS, Emery Milliken Waste Management of Wilmington Phyllis Campbell v. DOC Holmes Development & Realty, LLC, and H.L. Homes v. DENR – Land QualityRaeford Section Quick v. DOC (Re: LQS 11-018) Ik Kim IT and K Enterprise v. DENR Tawana McLaurin v. DOC Edward Dale Parker v. DENR Vera Ricks v. NC Department of Public Safety Marva G. Scott v. Edgecombe County Social Services Board (Larry Woodley, Fate Taylor, Janezic Building Group LLC v. Orange County Ernest Taylor, Viola Harris and Evelyn Johnson), Edgecombe County Save Mart of Duplin LLC v. DENR Commissioners and Edgecombe county manager, Lorenzo Carmon NC Coastal Federation, Cape Fear River Watch, PenderWatch, and ConservancyLadeana Sierra Z. Farmer v. Department of Public Safety Club v. DENR, Division of Air Quality and Carolina Cement Company, LLCRhonda Whitaker v. DHHS Thomas B. Warren v. DAG, Forest Services Division James D. Halsey v. DENR, Division of Environmental Health Bon-Jerald Jacobs v. Pitt County Department of Social Services NC Coastal Federation, Cape Fear River Watch, PenderWatch, and ConservancySherry Sierra Baker v. Department of Public Safety Club v. DENR, Division of Air Quality Diane Farrington v. Chapel Hill-Carrboro City Schools Cynthia Moats v. Harnett County Health Dept Natalie Wallace-Gomes v. Winston-Salem State University DIVISION OF EMPLOYMENT SECURITY Clark D. Whitlow v. UNC-Chapel Hill Dwight Marvin Wright v. Department of Commerce, Division of EmploymentJohn Security Medina v. Department of Public Safety Jeffrey L Wardick, v. Employment Securities Commission of NC DEPARTMENT OF INSURANCE Ricco Donnell Boyd v. NC A&T University Megan L. Hartzog v. NC State Health Plan Larry C. Goldston v. UNC-Chapel Hill Jan Fjelsted v. NC State Health Plan Larry Batton v. Dept of Public Safety Susan E. Montgomery Lee v. State Health Plan; Blue Cross Blue Shield Sandra Kay Tillman v. County of Moore Department of Social Services, John L. Benton, Lori Matney v. Blue Cross Blue Shield of NC, State Health Plan Director Jean Kirkland and John Ritchie v. State Health Plan Sheila Bradley v. Community College System Sandhills Community College Brenda S. Sessoms v. Department of Public Safety Donnette J Amaro v. Onslow County Department of Social Services MISCELLANEOUS Ronald Gilliard v. N.C. Alcoholic Law Enforcement Richard Lee Taylor v. City of Charlotte Kimberly Hinton v. DOT James B. Bushardt III v. DENR, Division of Water Quality Lloyd M Anthony v. New Hanover County Sheriff Office Natalie Wallace-Gomes v. Winston Salem State University Jackie Poole, Jamyan Brooks v. Orange County Katie F. Walker v. Rutherford County/Department of Social Services Norlishia Y. Pridgeon v. Department of Public Safety, Division of Adult Correction and David L. Smith v. NC Innocence Inquiry Commission Department of Corrections Thomas Franklin Cross, Jr. v. NC Innocence Inquiry Commission Jaymar v. Department of Corrections, Central Prison Moses Leon Faison v. NC Parole Commission, Paul G. Butler, Jr. Ronald Wayne Crabtree Jr., v. Butner Public Safety Jabar Ballard v. NC Innocence Inquiry Commission Natalie Wallace-Gomes v. Winston Salem State University Paul Michael Simmons v. Luis Hernandez, Forest City Police Department Natalie Wallace-Gomes v. Winston Salem State University Michelle Houser v. Department of Public Safety, Division of Prisons OFFICE OF STATE PERSONNEL Audrey Melissa Tate v. Department of Public Safety, Division of Juvenile Justice Jonathan Ashley Stephenson v. UNC-Chapel Hill Amanda Thaxton v. State Ethics Commission Charles E. Rouse v. DMV, Dist Sup Stacey Wooten Edwards Robert Esslinger v. DPI Dorothy H. Williams v. DHHS, Central Regional Hospital Barry L. Pruett v. DMV, Driver and Vehicle Services Stephen R. West v. The University of North Carolina at Chapel Hill Joseph Sandy v. UNC Chapel Hill Larry F. Murphy v. Employment Security Commission of North Carolina Natalie Wallace-Gomes v. Winston Salem State University Walter Bruce Williams v. Dept. of Crime Control and Public Safety Butner Public Safety Paul Jeffrey Treadway v. Department of Public Safety, Division of Adult Supervision Division Phillip W Smith v. Department of Commerce, Division of Employment Security Teresa J. Barrett v. DENR Asia T. Bush v. DOT Daniel Chase Parrott v. Crime Control and Public Safety, Butner Public Safety Division Bonnie S. Rardin v. Craven Correctional Institution, Department of Public Safety Steven M Mukumgu v. DAG Shirley M. Parker v. Department of Public Safety Caledonia Correctional Institution Christopher Rashad Pippins v. PCS BOE PCS Facility Services Valerie Small v. NC Agricultural and Technical State University Wanda Edwards v. UNC School of Dentistry Beatrice T. Jackson v. Durham County Health Department Gary C. Clement v. DHHS Brenda D. Triplett v. DOC Oswald Woode v. DHHS, Central Regional Hospital Tommie J. Porter v. DOC Gary C. Clement v. DHHS Fortae McWilliams v. DOC Roseth Kyremartin v. DHHS Kimberly F. Loflin v. DOT, DMV Daniel J. Dugan, Jr. v. UNCW John Hardin Swain v. DOC, Hyde Correctional Inst. Judy Knox v. UNC at Charlotte John Fargher v. DOT Sherry Young v. DHHS, Division of Child Development and Early Education Maria Isabel Prudencio-Arias v. UNC at Chapel Hill Anesa Trevon Lucas v. NC Division of Child Development and Early Education Gerald Price v. Department of Agriculture & Consumer Services, Standards Division David Ryan Brown v. Department of Public Safety, Division of Community Corrections Tammy Cagle v. Swain County, Department of Social Services Doris Wearing v. Polk Correctional Inst. Mr. Soloman Superintendent David A. Tuno v. Lincoln Correctional Center Fredericka Florentina Demmings v. County of Durham Jeffrey Wayne Ellis v. North Carolina A & T University Derick A Proctor v. Crime Control and Public Safety, State Capital Police Division Kimberly D. Hinton v. Department of Transportation RULES REVIEW COMMISSION Wiley Daniel Thomas v. Department of Transportation, Division of Motor Vehicles Helen Karen Radford v. Buncombe County Department of Health Alphonsus U. Nwadike v. DHHS, Central Regional Hospital (Butner) Kevin D. Terry v. State of NC Office of State Controller Lionel James Randolph v. NC Office of State Personnel Cynthia C. Goodwin v. Department of Revenue Robert E. Hines v. Department of Transportation Natalie Wallace-Gomes v. Winston-Salem State University Joann C. Pearson v. UNC-Charlotte Rotisha Hawthorne v. Department of Safety (Polk) Stephanie K. Willis v. Montgomery County Board of Education David M. Andrews v. Department of Transportation, Technical Services-Client Support Luchana A. Woodland v. Fayetteville State University Mary E. Wilson v. Mecklenburg County, NC
DEPARTMENT OF REVENUE Jerry Lamont Lindsey v. Department of Revenue Thomas E Gust v. Department of Revenue James Cooper III Sui Juris v. Department of Revenue
Brian Daniel Reeves v. Department of Revenue David Roser v. Department of Revenue Ronnie Lee Nixon v. Department of Revenue James M. Slowin, REFS LLC v. Department of Revenue William S. Hall v. Department of Revenue Noah D. Sheffield v. Department of Revenue Jenny M. Sheffield v. Department of Revenue Jesus A. Cabrera v. Department of Revenue Sybil Hyman Bunn v. Department of Revenue
William Scott v. Department of Revenue Chase Auto Finance Corporation v. Department of Revenue Joseph Lewis Moore v. Department of Revenue
OFFICE OF SECRETARY OF STATE Michael Anthony Farrow-Bey v. Department of Secretary of State Jennifer Lynn Pierce-Founder Share Our Shoes v. Secretary of State's Office Bethany Thompson v. Department of the Secretary of State
Holley Shumate Knapp v. Ann Wall, General Counsel Department of the Secretary Trvuun B. Alston v. Department of the Secretary of State John Claude Barden v. Department of the Secretary of State
UNC HOSPITALS Onyedika C Nwaebube v. UNC Hospitals Nephatiya Wade v. UNC Hospitals Chapel Hill NC Fredia R Wall v. UNC Physicians & Associates Carolyn A. Green v. UNC Hospitals Annie E. Jarrett v. UNC Hospitals Vikki J Goings v. UNC Hospital Elonnie Alston v. UNC Hospitals Diara Z Andrews v. UNC Hospitals David Ryan Pierce v. UNC Hospitals, Patient Account Services, SODCA Shonte Hayes v. UNC P&A Tracy A. Spaine (Currier) v. UNC Hospitals
Candis Miller v. UNC Hospitals Chiduzie Oriaku v. UNC Hospitals Julie C. Rose v. UNC Hospitals Jason Paylor v. UNC Hospitals Patient Accounts
WILDLIFE RESOURCES COMMISSION People for the Ethical Treatment of Animals, Inc., v. NC Wildlife Resources Commission