The NORTH CAROLINA REGISTER IN THIS ISSUE EXECUTIVE ORDER IN ADDITION Wildlife Resources Commission PROPOSED RULES Economic and Community Development Environment, Health, and Natural Resources Human Resources Insurance Medical Examiners State Personnel RRC OBJECTIONS RULES INVALIDATED BY JUDICIAL DECISION CONTESTED CASE DECISIONS ISSUE DATE: December 15, 1992 Volume 7 • Issue 18 • Pages 1829 - 2059 INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE NORTH CAROLINA REGISTER TEMPORARY RULES Under certain emergency conditions, agencies may issue The North Carolina Register is published twice a month and temporary rules. Within 24 hours of submission to OAH, the contains information relating to agency, executive, legislative and Codifier of Rules must review the agency's written statement of judicial actions required by or affecting Chapter 150B of the findings of need for the temporary rule pursuant to the provisions in General Statutes. All proposed administrative rules and notices of G.S. 150B-21.1. If the Codifier determines that the findings meet public hearings filed under G.S. 150B-21.2 must be published in the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If the Register. The Register will typically comprise approximately the Codifier determines that the findings do not meet the criteria, fifty pages per issue of legal text. the rule is returned to the agency. The agency may supplement its State law requires that a copy of each issue be provided free of findings and resubmit the temporary rule for an additional review charge to each county in the state and to various state officials and or the agency may respond that it will remain with its initial institutions. position. The Codifier, thereafter, will enter the rule into the The North Carolina Register is available by yearly subscription NCAC. A temporary rule becomes effective either when the at a cost of one hundred and five dollars (S105.00) for 24 issues. Codifier of Rules enters the rule in the Code or on the sixth Individual issues may be purchased for eight dollars (S8.00). business day after the agency resubmits the rule without change. Requests for subscription to the North Carolina Register should The temporary rule is in effect for the period specified in the rule or be directed to the Office of Administrative Hearings, 180 days, whichever is less. An agency adopting a temporary rule P. 0. Drawer 27447, Raleigh, N. C. 2761 1-7447. must begin rule-making procedures on the permanent rule at the same time the temporary rule is filed with the Codifier. ADOPTION AMENDMENT, AND REPEAL OF NORTH CAROLINA ADMINISTRATIVE CODE RULES The North Carolina Administrative Code (NCAC) is a compilation and index of the administrative rules of 25 state The following is a generalized statement of the procedures to be agencies and 38 occupational licensing boards. The NCAC followed for an agency to adopt, amend, or repeal a rule. For the comprises approximately 15,000 letter size, single spaced pages of specific statutory authority, please consult Article 2A of Chapter material of which approximately 35% of is changed annually. 150B of the General Statutes. Compilation and publication of the NCAC is mandated by G.S. Any agency intending to adopt, amend, or repeal a rule must 150B-21.18. first publish notice of the proposed action in the North Carolina The Code is divided into Titles and Chapters. Each state agency Register. The notice must include the time and place of the public is assigned a separate title which is further broken down by hearing (or instructions on how a member of the public may request chapters. Title 21 is designated for occupational licensing boards. a hearing); a statement of procedure for public comments: the text The NCAC is available in two formats. of the proposed rule or the statement of subject matter; the reason (1) Single pages may be obtained at a minimum cost of for the proposed action; a reference to the statutory authority for the two dollars and 50 cents (S2.50) for 10 pages or less, action and the proposed effective date. plus fifteen cents (SO. 15) per each additional page. Unless a specific statute provides otherwise, at least 15 days (2) The full publication consists of 53 volumes, totaling in must elapse following publication of the notice in the North excess of 15,000 pages. It is supplemented monthly Carolina Register before the agency may conduct the public with replacement pages. A one year subscription to the hearing and at least 30 days must elapse before the agency can take full publication including supplements can be action on the proposed rule. An agency may not adopt a rule that purchased for seven hundred and fifty dollars differs substantially from the proposed form published as part of (S750.00). Individual volumes may also be purchased the public notice, until the adopted version has been published in with supplement service. Renewal subscriptions for the North Carolina Register for an additional 30 day comment supplements to the initial publication are available. period. Requests for pages of rules or volumes of the NCAC should be When final action is taken, the promulgating agency must file directed to the Office of Administrative Hearings. the rule with the Rules Review Commission (RRC). After approval by RRC, the adopted rule is filed with the Office of Administrative Hearings (OAH). CITATION TO THE NORTH CAROLINA A rule or amended rule generally becomes effective 5 business REGISTER days after the rule is filed with the Office of Administrative Hearings for publication in the North Carolina Administrative Code The North Carolina Register is cited by volume, issue, page (NCAC). number and date. 1:1 NCR 101-201, April 1, 1986 refers to Proposed action on rules may be withdrawn by the promulgating Volume 1, Issue 1, pages 101 through 201 of the North Carolina agency at any time before final action is taken by the agency or Register issued on April 1, 1986. before filing with OAH for publication in the NCAC. FOR INFORMATION CONTACT Office of Administrative Hearings, ATTN: Rules Division, P.O. Drawer 27447, Raleigh, North Carolina 27611-7447, (919) 733-2678. NORTH ISSUE CONTENTS CAROLINA I. EXECUTIVE ORDER REGISTER Executive Order 182 1829 II. IN ADDITION Wildlife Resources Commission 1830 III. PROPOSED RULES Economic and Community Development Savings Institutions Division .... 1833 Environment, Health, and Natural Resources Departmental Rules 1852 Environmental Management .... 1856 Health Services 1985 Radiation Protection Commission . 1863 Human Resources Office of Administrative Hearings Medical Assistance 1842 P. O. Drawer 27447 Insurance Raleigh, North Carolina 27611-7447 Financial Evaluation Division . 1849 (919) 733-2678 Market Conduct Division 1850 Property and Casualty Division . 1848 Licensing Board Medical Examiners 1987 State Personnel Office of State Personnel 2005 Julian Mann III. IV. RRC OBJECTIONS 2009 Director James R. Scareella Sr., V. RULES INVALIDATED BY Deputy Director JUDICIAL DECISION 2014 Molly Masich, Director of APA Sendees VI. CONTESTED CASE DECISIONS Index to ALJ Decisions 2015 Text of Selected Decisions 91 DST 1354 2034 Staff: 91 OSP 0859 2038 Ruby Creech, 91 EHR 0889 2043 Publications Coordinator 92 OSP 0370 2048 Teresa Kilpatrick, Editorial Assistant VII. CUMULATIVE INDEX 2057 Jean Shirley. Editorial Assistant NORTH CAROLINA REGISTER Publication Schedule (August 1992 - December 1993) Last Day Earliest Earliest for Elec- Date for Date for Last Day ^Earliest Issue Last Day tronic Public Adoption to Submit Effective Date for Filing Filing Hearing by Agency to RRC Date >k >k sk sk >k >k 5k :k 5k 5k 5k sk sk sk 08/03/92 07/13/92 07/20/92 08/18/92 09/02/92 09/20/92 11/02/92 08/14/92 07/24/92 07/31/92 08/29/92 09/13/92 09/20/92 11/02/92 09/01/92 08/11/92 08/18/92 09/16/92 10/01/92 10/20/92 12/01/92 09/15/92 08/25/92 09/01/92 09/30/92 10/15/92 10/20/92 12/01/92 10/01/92 09/10/92 09/17/92 10/16/92 10/31/92 11/20/92 01/04/93 10/15/92 09/24/92 10/01/92 10/30/92 11/14/92 11/20/92 01/04/93 11/02/92 10/12/92 10/19/92 11/17/92 12/02/92 12/20/92 02/01/93 11/16/92 10/23/92 10/30/92 12/01/92 12/16/92 12/20/92 02/01/93 12 oi <->: 11/06/92 11/13/92 12/16/92 12/31/92 01/20/93 03/01/93 12 15 92 11/24/92 12/01/92 12/30/92 01/14/93 01/20/93 03/01/93 01/04/93 12/09/92 12/16/92 01/19/93 02/03/93 02/20/93 04/01/93 01/15/93 12/22/92 12 31 92 01/30/93 02/14/93 02/20/93 04/01/93 02/01/93 01/08/93 01/15/93 02/ 1 6/93 03/03/93 03/20/93 05/03/93 02/15/93 01/25/93 02/01/93 03/02/93 03/17/93 03/20/93 05/03/93 03/01/93 02/08/93 02/15/93 03/16/93 03/31/93 04/20/93 06/01/93 03/15/93 02/22/93 03/01/93 03/30/93 04/14/93 04/20/93 06/01/93 04/01/93 03/11/93 03/18/93 04/16/93 05/01/93 05/20/93 07/01/93 04/15/93 03/24/93 03/31/93 04/30/93 05/15/93 05/20/93 07/01/93 05/03/93 04/12/93 04/19/93 05/18/93 06/02/93 06/20/93 08/02/93 05/14/93 04/23/93 04/30/93 05/29/93 06/13/93 06/20/93 08/02/93 06/01/93 05/10/93 05/17/93 06/16/93 07/01/93 07/20/93 09/01/93 06/15/93 05/24/93 06/01/93 06/30/93 07/15/93 07/20/93 09/01/03 07/01/93 06/10/93 06/17/93 07/16/93 07/31/93 08/20/93 10/01/93 07/15/93 06/23/93 06/30/93 07/30/93 08/14/93 08/20/93 10/01/93 08/02/93 07/ 1 2/93 07/19/93 08/17/93 09/01/93 09/20/93 11/01/93 08/16/93 07/26/93 08/02/93 08/3 1 /93 09/15/93 09/20/93 11/01/93 09/01/93 08/11/93 08/18/93 09/16/93 10/01/93 10/20/93 12/01/93 09/15/93 08/24/93 08/31/93 09/30/93 1(1 15 93 10/20/93 12/01/93 10/01/93 09/10/93 09/17/93 10/16/93 10/31/93 11/20/93 1 ,04/94 10/15/93 09/24/93 10/01/93 10/30/93 11/14/93 11/20/93 01/04/94 11/01/93 10/11/93 10/18/93 11/16/93 12/01/93 12/20/93 02/01/94 ,'94 11/15/93 10/22/93 10/29/93 11/30/93 12/15/93 12/20/93 02/0 1 12/01/93 11/05/93 11/15/93 12/16/93 12/31/93 01/20/94 03/01/94 12/15/93 11/24/93 12/01/93 12/30/93 01/14/94 01/20/94 03/01/94 * Hie "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above, that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next calendar month.