Request for Technical Change s3

REQUEST FOR TECHNICAL CHANGE

AGENCY: Social Services Commission

RULE CITATION: All Repeals

DEADLINE FOR RECEIPT: August 19, 2008

The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation.

In reviewing these rules, the staff determined that the following technical changes need to be made:

Prepare a correct introductory statement including a reference to the Register when the rules were published.

Please retype the rule accordingly and resubmit it to our office at Suite 159, 1307 Glenwood Avenue, Raleigh, North Carolina.

Of course, this will also require conforming changes to the attached copies of the rule. Please check to see that this paperwork is in order and is returned along with the revised rule.

Robert A. Bryan, Jr. Commission Counsel REQUEST FOR TECHNICAL CHANGE

RULE CITATION: 10A NCAC 70F .0101

On line 8, delete “shall.”

In (a), change “may” to “shall.”

Delete “shall” in the second sentence.

In (b), move the last nine words to the beginning of the sentence.

Throughout the rule, correctly underline and strikethrough. Specifically see 26 NCAC 02C . 0108 (7). Punctuation can never stand alone.

In (b), change the second “an” to “the.”

Make the same changes to (c) and (d) as requested for (b).

End (d) with a period.

Add a semicolon to the end of (c)(1).

In (e), change “and” to “or.”

In (f), add a space between “body” and “and.”

In (a), change “is responsible for establishing” to “ shall establish.”

Delete the semicolon on page 1, line 12.

In (h), change “emergency management agency” to “Emergency Management Division” or whatever you mean. Tell who is to designate the agency.

In (i), define “long term.”

Add G.S.131D-10.6 to your history note.

In (c), correctly underline and strikethrough.

In (a), change “regulations” to “rules.”

In (c) and (f), correctly underline, strikethrough, and highlight.

Paragraph (i) appears to apply to all children. That is fine if it does. But if you mean it to only apply too some children, you need to clarify that.

In (b)(1), delete or define “relevant.”

In (b)(2), delete or define “professional.”

In (b)(9), delete “will.”

In (a), delete or define “professional.”

In (c), reverse the words “staff” and “qualified.”

In (a), change the second “shall” to “will.”

In (a)(2), delete “shall.”

RULE CITATION: 10A NCAC 70G .0501

Delete “143B-154, 143B-155, 143B-156 from your history note. It is not rule-making authority.

In (a), change “shall be” to “is.” Tell how a person may obtain a copy of the Higher Education Directory.

In (b) and (c), change “shall be” to “is.”

Rewrite the first sentence in (d) beginning it with “Qualified Professionals shall provide....”

On page 1, line 28, delete “Licensing.”

In (b), Delete or define “appropriate.”

In (d), add “and” after the last comma or in some other way to make the sentence grammatically correct.

In (e), add a space between “the” and “needs.” Delete or define “specialized.”

Add a period to the end of (g).

In (i), tell by whom they must be licensed.

Add a space after the comma in (k).

In (m), delete or define “as appropriate.”

End (n) with a period.

In (r), define “specialized services.”

In (s), delete or define “Periodic.”

In (a), delete or define “and appropriate.” Delete “if appropriate.” If no responsibilities are appropriate, obviously none are included.

In (b), add a space between “be” and “held.” Delete or define “if appropriate.”

In (c), delete or define “(if appropriate).”

Change each “should” to “shall” or “may“ or delete the sentence as unnecessary. Change “can” to “may.”

If S.L.1999-237 contains some grant of authority that is still applicable, cite the specific section. Otherwise, delete the reference from your history note.

In (c), delete or define “if appropriate.” Delete or define “comprehensive.”

Delete the 1986 date in the history note.

In (a)(6), add a space between “of” and “parents.”

In (d)(22), if you have a rule with criteria for granting waivers, cite it.

Remove the extra dates from the history note.

Remove the extra date from the history note.

In (b)(1), change the last 10 words to “requirements of Part 3 of Article 39 of Chapter 115C of the General Statutes.” There is no “Department of Non-Public Education” and the Division has very limited rule-making authority.

Remove the extra date from the history note.

Correctly underline and strikethrough. There cannot be anything to strikethrough in an adoption without changes.

Rewrite (a) something like: “Agencies using physical restraint holds shall, within 72 hours of an incident involving physical restraint, review the incident report to ensure...” If that is not what you mean, then the language needs clarifying some other way.

In (b), delete or define “summary.” Add a period to the end.

In (c), change “be made” to “make them.”

In (d), in the sentence beginning on line 20, please divide the language after the colon into Subparagraphs (a), (b), (c) etc. Further divide lines 28 and 29 into items (A), (B), (C) etc. Change each “%” to “percent.” Delete “but not be limited to.” On line 30, delete “currently.”

“S.L. 204-164” is not a correct citation. Correct it if it is necessary authority, or delete it if it is not. Delete the extra semicolon.

In (b)(2), delete or define “promptly.”

In (b)(3), delete or define “immediately.”

Begin (b)(6) with “a.”

In (b)(7) and (8), delete the hyphen in “72 hours.”

RULE CITATION: 10A NCAC 70H .0201

In (b), delete “are the public agencies in North Carolina mandated by G.S. 108-14 to provide adoption services and they.” The statute has no such mandate.

Remove all the irrelevant dates from the history note. This adoption date is the only date you should include.

Delete the first sentence in (b) as meaningless. If the contacts are required, they are required. Requiring the caseload to be limited to an unspecified level is meaningless.

If you need a definition of “case”, move it to your definitions rule. If you do not need it, delete it.

In (a), (b) and (c), change “shall be” to “is.” Tell how a copy of the Higher Education directory can be obtained. Delete each “at a minimum.”

In (d), delete “25 to “ and everything after “50 families.” That is the only enforceable standard in the rule.

In (c), delete or define “and appropriate.”

In (d), delete or define “(if appropriate).”

In (d), delete or define “if appropriate.”

Is there a difference between “religious orientation” in (b)(17) and “religious preference” in (b) (24)? If so, distinguish between the two. If not, delete one.

Write (c) in active voice. As written, it appears the review committee is to type the assessment.

In (a), tell to whom this information is to be provided.

Delete “110-57.1” from your history note. It has been repealed.

Correct the citation to 131D-10.5.

RULE CITATION: 10A NCAC 70I .0201

In (12), on line 11, change “are” to “tells.” Divide the sentence beginning on line 12 into sub- items (a), (b), (c), etc. after the colon.

In (a), (b) and (d), add “of this Chapter” after “70J.”

Delete paragraph (g) because it just repeats what is in .0614 and that seems the more logical location.

As written, paragraph (k) applies to all children being placed. Is that what you mean? If not, please clarify your language.

On page 2, line 15, change “a” back to “the.”

In (b), cite the specific rules with the reporting requirements.

End each Subparagraph in (a)(2), (b)(1) and (c)(2) except the last with a semicolon. Add “and” to the end of the next to last one.

Delete the information in parenthesis in (a)(2)(L) and (b)(1)(J), as meaningless. Everyone is covered.

End (a)(4) with “of this Chapter.”

On page 3, line 9, delete “required to be.” Do the same on page 4, line 21.

In (c)(2)(G) and (H), delete or define “current.”

On page 3, line 36, delete the second comma. Add “(G)” and “(H)” to the list of exceptions.

In (c)(2)(J), delete “it must submit.”

In (a), change “operates” to “shall operate.” Change “shall be” to “are.” Delete everything after the last comma as repeating lines 6 and 7.

In (3), delete or define “and periodically.”

In (4), delete or define “formally.”

In (6), delete “shall” at the beginning. Change “an” to “the.”

In (a)(1), delete or define “periodically.”

On lines 9 and 32, correctly underline and strikethrough.

In (a)(3), add a comma after “disclosed.”

Add “of this Chapter” before the last comma.

In (2), delete or define “professional.”

On line 8, add a comma after “employment.”

In (b), tell how copies of the Higher Education Directory may be obtained.

In (g)(2), it appears you inadvertently struck through the zero, make the correction.

Begin (a) with “A.”

Change the first “the” to “a.”

Delete the comma in the first sentence in (b).

Write (e) in active voice telling who is to develop the plan.

Correctly underline and strikethrough on page 2, line 13.

In (j), delete or define “if appropriate.”

Change each “should” to “shall” or “may” or delete the sentences. Change “can” to “may.”

In (a), change the first word to “A.”

Delete the last three statutes from the history note.

Change the first word in (a) to “A.”

Delete the last three statutes from your history note.

Tell who makes the determination in (c).

In (a), delete or define “routinely.”

Incorporate the procedures in (a) by reference and tell if they include subsequent amendments and editions. Set out the cost not by whom it is established.

In (a), incorporate the requirements by reference, telling whether they include subsequent amendments and editions. Give the cost.

In (b) and (c), change “registered dietician or nutritionist” to “licensed dietician/nutritionist.”

In (f), change “are” to “is.”

In (j)(2), beginning on page 2, line 36, set the items out as an (A)(B)(C)list.

In (j)(4), beginning on page 3, line 35, set out the requirements as a list.

In (j)(4), change each “%” to “percent.” Change “shall include, but not limited to” to “includes.” Be consistent in your use of “instructor” and “trainer.” Pick one term and use it.

In your history note, determine if S.L.1999-237 is still necessary authority. If so, cite the specific section. If not, delete it.

In (d), define “immediately.”

In (a), give the cost for obtaining copies of the relevant Building Codes.

In (i)(1), change “are not to“ to “shall not.”

On page 2, line 2, change “Division of Environmental Health” to “Commission for Public Health.” The Commission adopts the rules.

Delete the unnecessary date.

Delete the unnecessary date from the history note.

On line 6, change “shall” to “does.” Do the same on line 9.

In (b), spell out “inch.”

In (c), tell who designates local agencies.

In (k), change “shall not be” to “is not.”

Correctly underline and strikethrough in (f).

In (c)(2), delete “current.”

RULE CITATION: 10A NCAC 70J .0101

Delete “shall.”

In (b), tell from whom the certification must come. Delete “but not limited to.”

Delete “shall.”

In (a), change the second “the” to “a.”

In (c)(1), change “shall include” to “includes.”

Begin the rule with “A.”

Begin (a) with “A.” Delete or define “established.”

RULE CITATION: 10A NCAC 70K .0101

On line 6, add a comma after “hospital.”

In (a)(1), add “as” before “licensing.”

End (e)(1)(E) with a semicolon and the word “or.” Remove the “or” from (D).

In (a)(1), tell how a person may obtain a copy of the Higher Education Directory. Change “less” to “fewer.”

In (a)(3), change “they” to “it.” Change “shall be” to “is.”

In (a)(5) and (6), delete “after the effective date of the rules of this Subchapter.” This particular rule has been effective over 20 years, you know.

In (f)(2), beginning at line 6, set out the items in a (A)(B)(C) etc. list.

In (e), delete the first “to.”

In (i), change “registered dietician or nutritionist” to “licensed dietician/nutritionist.”

In (l), beginning on line 20, write the items as a (1)(2)(3) etc. list.

Write (p) in list form.

In (b), tell by whom designated.

In (c), change each “should” to “shall” or “may” or delete the sentences. Change “can” to “may.”

Begin (a) with “A” or “An.” Are you sure agency is the term you want to use in this rule?

End (d)(8) with a period.

Give the cost of the applicable volumes of the Building Code in (a).

In (m), on line 2, change “Division of Environmental Health” to “Commission for Public Health.”

In (a), change “less” to “fewer.”

Delete line 18. It implies a home could put more people in a room if the paragraph (d) requirements are not met.

In (d), spell out “inch.”

In (f), change “shall not be” to “is not.”

In (g), tell by whom designated.

RULE CITATION: 10A NCAC 70L .0102

Write (1) through (6) as complete sentences, starting with an upper case letter and ending with a period.

In (4), change “Health Services Commission” to “Commission for Public Health.”

Delete the last five statutes from your history note.

Begin (a)(1) and (5) with lower case letters.

Begin (b)(2) with an upper case letter. End each Subparagraph with a period.

End each Subparagraph in (c) and (d) with a period.

In (d)(3) delete the period before “10A.”

In (e), delete “licensing.”

Delete the last three 143B statutes from the history note.

RULE CITATION: 10A NCAC 70M .0201

In (a) and (b), delete “shall.”

Delete “et.seq.” from your history note. Cite specific statutes.

In (a) and (b), delete “Rules in.”

In (a), delete “Rules in.”

In your history note, change “.0404” to “.0504.”

Add a semicolon to the end of (c)(1).

In (c)(2), change “%” to “percent.”

Add “and” to the end of (b)(3)(D).

In (c) and (d), change each “will” to “shall.”

Delete (e) as no longer necessary.

Use correct authority in your history note. There is no “48-1.”

Robert A. Bryan, Jr. Commission Counsel