NORTH CAROLINA
REGISTER
VOLUME 31 ● ISSUE 21 ● Pages 2063 – 2203
May 1, 2017
I. PROPOSED RULES
Commerce, Department of
Employment Security, Division of ................................ ................................ .. 2063 – 2073
Natural and Cultural Resources, Department of
Department................................ ................................ ................................ ...... 2073 – 2075
Public Safety, Department of
Boxing Authority ................................ ................................ ............................ 2075 – 2077
II. APPROVED RULES........................................................................................ 2078 – 2189
Agriculture and Consumer Services, Department of
Agriculture, Board of
Commerce, Department of
Employment Security, Division of
Health and Human Services, Department of
Medical Care Commission
Mental Health, Commission For
Justice, Department of
Criminal Justice Education and Training Standards Commission
Environmental Quality, Department of
Wildlife Resources Commission
Public Health, Commission For
Occupational Licensing Boards and Commissions
Barber Examiners, Board of
Chiropractic Examiners, Board of
Employee Assistance Professionals, Board of
Dental Examiners, Board of
Massage and Bodywork Therapy, Board of
Podiatry Examiners, Board of
Real Estate Commission
State Human Resources, Office of
State Human Resources Commission
Administrative Hearings, Office of
Hearings Division
III. RULES REVIEW COMMISSION ................................................................. 2190 - 2198
IV. CONTESTED CASE DECISIONS
Index to ALJ Decisions ................................ ................................ ................... 2199 - 2203
PUBLISHED BY
The Office of Administrative Hearings
Rules Division Julian Mann III, Director
6714 Mail Service Center Molly Masich, Codifier of Rules
Raleigh, NC 27699-6714 Dana Vojtko, Publications Coordinator
Telephone (919) 431-3000 Lindsay Woy, Editorial Assistant
Fax (919) 431-3104 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 molly.masich@oah.nc.gov (919) 431-3071
Dana Vojtko, Publications Coordinator dana.vojtko@oah.nc.gov (919) 431-3075
Lindsay Woy, Editorial Assistant lindsay.woy@oah.nc.gov (919) 431-3078
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: Abigail Hammond, Commission Counsel abigail.hammond@oah.nc.gov (919) 431-3076
Amber Cronk May, Commission Counsel amber.may@oah.nc.gov (919) 431-3074
Amanda Reeder, Commission Counsel amanda.reeder@oah.nc.gov (919) 431-3079
Jason Thomas, Commission Counsel jason.thomas@oah.nc.gov (919) 431-3081
Alexander Burgos, Paralegal alexander.burgos@oah.nc.gov (919) 431-3080
Julie Brincefield, Administrative Assistant julie.brincefield@oah.nc.gov (919) 431-3073
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 osbmruleanalysis@osbm.nc.gov (919) 807-4740
Carrie Hollis, Economic Analyst osbmruleanalysis@osbm.nc.gov (919) 807-4757
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Amy Bason amy.bason@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Sarah Collins scollins@nclm.org
Legislative Process Concerning Rule-making
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
Karen Cochrane-Brown, Director/Legislative Analysis Division karen.cochrane-brown@ncleg.net
Jeff Hudson, Staff Attorney Jeffrey.hudson@ncleg.net
NORTH CAROLINA REGISTER
Publication Schedule for January 2017 – December 2017
FILING DEADLINES
NOTICE OF TEXT
PERMANENT RULE
TEMPORARY RULES
Volume & issue number
Issue date
Last day for filing
Earliest date for public hearing
End of required comment
Period
Deadline to submit to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
31st legislative day of the session beginning:
270th day from publication in the Register
31:13
01/03/17
12/07/16
01/18/17
03/06/17
03/20/17
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05/2018
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31:14
01/17/17
12/20/16
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31:15
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11/01/17
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08/01/17
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11/01/17
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10/02/17
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32:04
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01/01/18
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32:07
10/02/17
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10/16/17
09/25/17
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32:10
11/15/17
10/24/17
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This document is prepared by the Office of Administrative Hearings as a public service and is not to be deemed binding or controlling. 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.
GENERAL
The North Carolina Register shall be published twice a month and contains the following information submitted for publication by a state agency:
(1) temporary rules;
(2) text of proposed rules;
(3) text of permanent rules approved by the Rules Review Commission;
(4) emergency rules
(5) Executive Orders of the Governor;
(6) final decision letters from the U.S. Attorney General concerning changes in laws affecting voting in a jurisdiction subject of Section 5 of the Voting Rights Act of 1965, as required by G.S. 120-30.9H; and
(7) 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 the preceding day which is not a Saturday, Sunday, or State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first and fifteen of each month if the first or fifteenth of the month is not a Saturday, Sunday, or State holiday for employees mandated by the State Personnel Commission. If the first or fifteenth of any month is a Saturday, Sunday, or a holiday for State employees, the North Carolina Register issue for that day will be published on the day of that month after the first or fifteenth that is not a Saturday, Sunday, or holiday for State employees.
LAST DAY FOR FILING: The last day for filing for any issue is 15 days before the issue date excluding Saturdays, Sundays, and holidays for State employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing date shall be at least 15 days after the date a notice of the hearing is published.
END OF REQUIRED COMMENT PERIOD An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW COMMISSION: The Commission shall review a rule submitted to it on or before the twentieth of a month by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY: This date is the first legislative day of the next regular session of the General Assembly following approval of the rule by the Rules Review Commission. See G.S. 150B-21.3, Effective date.PROPOSED RULES
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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 04 – DEPARTMENT OF COMMERCE
Notice is hereby given in accordance with G.S. 150B-21.2 that the Department of Commerce, Division of Employment Security intends to adopt the rule cited as 04 NCAC 24A .0110 and amend the rules cited as 04 NCAC 24A .0102-.0105, .0109; 24B .0402; and 24C .0204.
Link to agency website pursuant to G.S. 150B-19.1(c): https://des.nc.gov/DES/static?page=DESRules
Proposed Effective Date: September 1, 2017
Public Hearing:
Date: May 31, 2017
Time: 11:00 a.m.
Location: North Carolina Department of Commerce, Division of Employment Security, 700 Wade Avenue, Room C-165, Raleigh, NC 27605
Reason for Proposed Action: NC Session Law 2015-238 made changes to Chapter 96 of the North Carolina General Statutes. Part of the law, codified as G.S. 96-40, addresses unemployment insurance (UI) program integrity, and requires DES to prioritize enhancements, and maximize the efficiency of the State's UI program. The law requires DES to share information with certain other entities in order to prevent, detect, and reduce UI fraud, improper payments, and overpayments. The General Assembly specifically directed that DES participate in the Southeast Consortium Unemployment Insurance Benefits Initiative (SCUBI), a multi-state consortia consisting of North and South Carolina, and Georgia. The consortia has been working together to modernize their UI systems for better efficiency and cost-effectiveness. Another program, the State Information Data Exchange System (SIDES), is a web-based system that was developed between the United States Department of Labor and state UI agencies to streamline processes. DES and its customers are already using SIDES, and expect to begin using SCUBI this summer. As a result, DES must amend Rules 24A .0103, 24A .0104, 24A .0105, 24B .0402 and 24C .0204 to comply with the mandate for better effectiveness and efficiency. Rules 24A .0109 and 24A .0110 are proposed to clarify the authority granted by, and limitations on use of powers of attorney when conducting business with DES.
Comments may be submitted to: Sheena J. Cobrand, NC Division of Employment Security-Legal Services Section, P.O. Box 25903; fax (919) 715-7194; email des.rules@nccommerce.com
Comment period ends: June 30, 2017
Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written 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 facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply). State funds affected Environmental permitting of DOT affected
Analysis submitted to Board of Transportation Local funds affected Substantial economic impact (≥$1,000,000) Approved by OSBM No fiscal note required by G.S. 150B-21.4
CHAPTER 24 - EMPLOYMENT SECURITY
SUBCHAPTER 24A – GENERAL
SECTION .0100 – GENERAL
04 NCAC 24A .0102 ADDRESS CHANGES AND ELECTRONIC ADDRESS CHANGES
(a) Each employing unit that has or had individuals in employment as defined in G.S. 96-1 shall notify DES in writing of any change to its mailing address. This notice shall be transmitted by facsimile, via the internet, or by postal mail within seven days after the effective date of the change. All notices shall be submitted to the Tax Administration Section, ATTN: Attn: Address Change by mail to Post Office Box 26504, Raleigh, North Carolina, 27611, facsimile to (919) 715-7194, or email to des.tax.customerservice@nccommerce.com.
(b) Each claimant with an active claim, or who is registered for work at a public employment office, shall notify DES in writing of any change in address or electronic mail address within seven days after the effective date of the change. All notices shall be submitted to the DES Customer Call Center, Attn: Address Change, by mail to Post Office Box 25903, Raleigh, NC 27611, facsimile to (919) 857-1296, or email to des.ui.customerservice@nccommerce.com. Claimants may also PROPOSED RULES
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make and submit address and electronic address changes from their home page in SCUBI.
(b)(c) Each claimant who is liable to DES for an overpayment of benefits, or is registered for work at a public employment office, shall notify DES by facsimile, via the internet, or by postal mail of any change of address within seven days after the effective date of the change. All notices of overpayment address changes shall be submitted to the Benefits Integrity Unit, ATTN: Attn: Overpayment Address Change by mail to Post Office Box 25903, Raleigh, NC 27611, facsimile to (919) 733-1369, or email to des.ui.bpc@nccommerce.com.
Authority G.S. 96-4; 20 C.F.R. 640.
04 NCAC 24A .0103 ADDRESSES FOR NOTICE AND ELECTRONIC NOTICE
(a) In all transactions requiring notice by G.S. 96 or these Rules, DES shall provide notice to the party's a claimant or employer's last known address as reflected in its official records.
(b) Except as provided in Paragraph (a) of this Rule, Chapter, when DES shall mails mail a notice of an initial claim to the employer at one of the following addresses:
(1) the address of the employer for which the claimant last worked;
(2) if the employer has more than one branch or division at different locations, the address of the branch or division for which the claimant last worked; or
(3) an address designated by the employer as reflected in DES's official records.
(c) Claimants may elect to receive communications from DES solely by electronic transmission as defined in 04 NCAC 24A .0105.
(1) A claimant who consents to receive communication by electronic transmission may withdraw consent at any time by providing DES with a written withdrawal of consent.
(2) Any communication that was sent to a claimant by electronic transmission before the withdrawal of consent shall be effective as an electronic transmission.
(3) Except as provided in Paragraph (f) of this Rule, withdrawal of consent to receive communication by electronic transmission shall become effective on the date that DES receives the written withdrawal of consent.
(d) A claimant who elects to receive communications by electronic transmission shall provide DES with a valid email address.
(1) DES shall validate each email address by sending a notification containing a hyperlink to the email address provided by the claimant. The email sent by DES shall require the claimant to click on the hyperlink in the email in order to navigate to SCUBI to complete validation.
(2) After a claimant validates the email address, DES shall provide all communication by electronic transmission, including determinations, requests for information,
notices, and decisions. For each action taken on an account, DES shall notify each claimant by email that an action was taken, and shall direct the claimant to log into his or her SCUBI account.
(e) A claimant who elects to receive communication from DES by electronic transmission shall not receive communication from DES by mail, unless the communication transmitted to the claimant's email address is returned to DES as undeliverable.
(1) When an electronic communication is returned to DES as undeliverable, DES shall suspend communications by electronic transmission to the claimant's email address, and shall place an alert on the claimant's SCUBI home page. The alert shall notify the claimant:
(A) that electronic transmissions to his or her email address have been suspended;
(B) to contact the Customer Call Center to update his or her mailing and email addresses as provided in 04 NCAC 24A .0102; and
(C) that the claimant may elect to resume receiving communications by electronic transmissions.
(2) Upon suspension of electronic transmissions to the claimant, DES shall send all communications to the claimant by first class mail.
(3) A claimant who elected to receive communications by electronic transmissions from DES, and who desires to continue receiving electronic communications, but instead receives postal mail, shall contact the Customer Call Center by phone at (888) 737-0259 or facsimile at (919) 250-4315 to provide a valid email address, and notify DES that communications should be sent by electronic transmission.
(f) Except as otherwise provided in this Chapter, DES shall use the date and time of the electronic transmission to the email address provided by the claimant, or authorized agent, as the service date for purposes of calculating the time periods for correspondence, notices, deadlines, and filings. Time periods shall be determined by the date of electronic transmission if the communication is not received by the claimant as a result of an error or omission on the part of the claimant, or agent of the claimant.
Authority G.S. 96-4; 96-9.2; 96-14.1; 96-15; 96-40.
04 NCAC 24A .0104 ADDRESSES FOR FILING CLAIMS, APPEALS, EXCEPTIONS, REQUESTS OR PROTESTS
(a) Claimants shall file a claim for unemployment insurance benefits by internet on DES's website, or by telephone.
(1) The telephone number for filing a new initial claim is (877) 841-9617. (888) 737-0259. PROPOSED RULES
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(2) Claimants with a social security number ending in an odd number shall file weekly certifications on Monday and Wednesday through Saturday by dialing (888) 372-3453.
(3) Claimants with a social security number ending in an even number shall file weekly certifications on Tuesday through Saturday by dialing (888) 372-3453.
(b) Appeals from a Determination by Adjudicator shall be filed with the Appeals Section by mail, facsimile, or email.
(1) The mailing address is Post Office Box 25903, Raleigh, North Carolina 27611.
(2) The facsimile number is (919) 733-1228.
(3) The email address is des.public.appeals@nccommerce.com.
(4) Any questions regarding the contents of a Determination by Adjudicator shall be directed to the Adjudication Unit by telephone to (919) 707-1410, facsimile at (919) 733-1127, or email at des.ui.customerservice@nccommerce.com. Correspondence and appeals submitted by email outside the Southeast Consortium Unemployment Benefits Initiative (SCUBI) system shall not include social security numbers or employer account numbers.
(5) Appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or issue identification number of the determination being appealed, the claimant's identification number, the names of the claimant and employer, the name of the individual filing the appeal, the official position of an individual filing the appeal on behalf of the party, and a telephone number.
(c) Appeals of a Non-Fraud Overpayment Determination shall be filed with the Benefits Integrity Unit by mail or facsimile.
(1) The mailing address is Post Office Box 25903, Raleigh, North Carolina 27611.
(2) The facsimile number is (919) 733-1369.
(3) Correspondence submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(4) Appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the determination being appealed, the claimant's identification number, the names of the claimant and employer, the name of the individual filing the appeal, the official position of an individual filing the appeal on behalf of the party, and a telephone number.
(3)(5) Any questions regarding the contents of a Non-Fraud Overpayment Determination shall be directed to the Benefits Integrity Unit by telephone to (919) 707-1338, facsimile at (919) 733-1369, or email at des.ui.bpc@nccommerce.com.
(d) Appeals of a Fraud Overpayment Determination shall be filed with the Benefits Integrity Unit by mail, mail or facsimile.
(1) The mailing address is Post Office Box 25903, Raleigh, North Carolina 27611.
(2) The facsimile number is (919) 733-1369.
(3) Correspondence submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(4) Appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the determination being appealed, the claimant's identification number, the names of the claimant and employer, the name of the individual filing the appeal, the official position of an individual filing the appeal on behalf of the party, and a telephone number.
(3)(5) Any questions regarding the contents of a Fraud Overpayment Determination shall be directed to the Benefits Integrity Unit by telephone to (919) 707-1338, facsimile at (919) 733-1369, or email at des.ui.bpc@nccommerce.com.
(e) Appeals of a Monetary Determination denying a protest to a Wage Transcript and Monetary Determination shall be filed with the Monetary Revision Unit Tax Administration Section by mail, facsimile, or email.
(1) The mailing address is Post Office Box 25903, 26504, Raleigh, North Carolina 27611.
(2) The facsimile number is (919) 715-3983. 733-1255.
(3) The email address is des.ui.customerservice@nccommerce.com. des.tax.customerservice@nccommerce.com.
(4) Correspondence and appeals submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(5) Appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the determination being appealed, the claimant's identification number, the names of the claimant and employer, the name of the individual filing the appeal, the official position of an individual filing the appeal on behalf of the party, and a telephone number.
(4)(6) Any questions regarding the contents of a determination denying a protest to a Wage Transcript and Monetary Determination shall be directed to the Monetary Revision Account and Wage Adjustment Unit of the Tax Administration Section by telephone to (919) 707-1257, 707-1462, facsimile at (919) 715-3983, 733-1255, or email at des.ui.customerservice@nccommerce.com. des.tax.customerservice@nccommerce.com. PROPOSED RULES
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(f) Appeals Protests of a Wage Transcript and Monetary Determination shall be filed with the Monetary Revision Claims Unit by mail or facsimile.
(1) The mailing address is Post Office Box 25903, Raleigh, North Carolina 27611.
(2) The facsimile number is (919) 715-3983.
(3) Correspondence submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(4) Protests shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the determination being protested, the claimant's identification number, the names of the claimant and employer, the name of the individual filing the protest, the official position of an individual filing the protest on behalf of the party, and a telephone number.
(4)(5) Any questions regarding the contents of a Wage Transcript and Monetary Determination shall be directed to the Monetary Revision Unit by telephone to (919) 707-1257, facsimile at (919) 715-3983, or email at des.ui.customerservice@nccommerce.com. des.monetaryrevision@nccommerce.com.
(g) Petitions for Waiver of Overpayment shall be filed with the Benefits Integrity Unit by mail, mail or facsimile.
(1) The mailing address is Post Office Box 25903, Raleigh, North Carolina 27611.
(2) The facsimile number is (919) 733-1369.
(3) Any questions regarding the contents of an overpayment determination shall be directed to the Benefit Payment Control Unit by telephone to (919) 707-1338, facsimile at (919) 733-1369 or email at des.ui.bpc@nccommerce.com. Correspondence submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(4) Petitions shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the overpayment determination, the claimant's identification number, the name of the claimant, the name of the individual filing the petition, the official position of an individual filing the petition on behalf of the party, and a telephone number.
(h) Claimant appeals of a North Carolina Department of Revenue (NCDOR) Offset Letter shall be filed with the Benefits Integrity Unit by mail, mail or facsimile.
(1) The mailing address is Post Office Box 25903, Raleigh, North Carolina 27611.
(2) The facsimile number is (919) 733-1369.
(3) Correspondence regarding a claimant's NCDOR Offset Letter submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(4) Appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the offset letter being appealed, the claimant's identification number, the name of the claimant, the name of the individual filing the appeal, the official position of an individual filing the appeal on behalf of the party, and a telephone number.
(3)(4) Any questions regarding the contents of a North Carolina Department of Revenue claimant's NCDOR Offset Letter shall be directed to the Benefits Integrity Unit by telephone to (919) 707-1338, facsimile at (919) 733-1369, or email at des.ui.bpc@nccommerce.com.
(i) Employer appeals of a North Carolina Department of Revenue (NCDOR) Offset Letter for outstanding tax debts shall be filed with and Tax Administration Section by mail, facsimile, or email. mail or facsimile.
(1) The mailing address is Post Office Box 26504, Raleigh, NC 27611.
(2) The facsimile number is (919) 733-1255.
(3) The email address is des.tax.customerservice@nccommerce.com. Correspondence regarding an employer's NCDOR Offset Letter submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(5) Appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the offset letter, the name of the employer, the name of the individual filing the appeal, the official position of an individual filing the appeal on behalf of the party, and a telephone number.
(4)(6) Any questions regarding the contents of a an employer's NCDOR Offset letter for outstanding tax debts shall be directed to the Tax Administration Section by telephone to (919) 707-1150, 707-1119, facsimile at (919) 733-1255, or email at des.tax.customerservice@nccommerce.com.
(j) Claimant Requests for Reevaluation under the Treasury Offset Program (TOP) shall be filed with the Benefit Benefits Integrity Unit of mail or facsimile.
(1) The mailing address is Post Office Box 25903, Raleigh, North Carolina 27611.
(2) The facsimile number is (919) 715-3983. 733-1369.
(3) Correspondence submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(4) Requests shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the TOP notice, the claimant's identification number, the name of PROPOSED RULES
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the claimant, the name of the individual filing the request, the official position of an individual filing the request on behalf of the party, and a telephone number.
(3)(5) Any Claimant questions regarding TOP shall be directed to a Recovery Specialist by telephone to (919) 707-1338, or email at des.ui.bpc@nccommerce.com.
(k) Employer requests Requests for Reevaluation under the Treasury Offset Program (TOP) shall be filed with Employer Call Center (ECC) the Tax Administration Section by mail, telephone, facsimile or email. mail or facsimile.
(1) The mailing address is Post Office Box 25903, 26504, Raleigh, North Carolina 27611.
(2) The phone number is (919) 707-1150.
(3)(2) The facsimile number is (919) 715-0780. 733-1255.
(4) The email address is des.tax.customerservice@nccommerce.com.
(3) Correspondence submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(4) Requests shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the TOP notice, the name of the employer, the name of the individual filing the request, the official position of an individual filing the request on behalf of the party, and a telephone number.
(5) Employer questions regarding TOP shall be directed to the Tax Administration Section by telephone to (919) 707-1119, facsimile at (919) 733-1255, or email at des.tax.customerservice@nccommerce.com.
(l) Appeals from an Appeals Decision shall be filed with the Board of Review by mail, facsimile, or email.
(1) The mailing address is Post Office Box 28263, Raleigh, North Carolina 27611.
(2) The facsimile number is (919) 733-0690.
(3) The email address is des.ha.appeals@nccommerce.com.
(4) Correspondence and appeals submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(5) Appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or issue identification number of the determination being appealed, the claimant's identification number, the names of the claimant and employer, the name of the individual filing the appeal, the official position of an individual filing the appeal on behalf of the party, and a telephone number.
(m) Requests for Post-Decision Relief or Reconsideration shall be filed with the Board of Review by mail, facsimile, or email.
Protests or appeals of adequacy determinations shall be filed with the Claims Unit by mail or facsimile.
(1) The mailing address is Post Office Box 28263, 25903, Raleigh, North Carolina 27611.
(2) The facsimile number is (919) 715-7193. 733-1126.
(3) The email address is BOR@nccommerce.com. Correspondence submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(4) Protests or appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the determination being protested or appealed, the name of the employer, the name of the party filing the protest or appeal, the official position of an individual filing the protest or appeal on behalf of the party, and a telephone number.
(n) Protests or appeals of a Tax Liability Determination shall be filed with the Tax Administration Section by mail, facsimile, or email.
(1) The mailing address is Post Office Box 26504, Raleigh, NC 27611.
(2) The facsimile number is (919) 733-1255.
(3) The email address is des.tax.customerservice@nccommerce.com.
(4) Correspondence and protests or appeals submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(5) Protests or appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the determination being appealed, the claimant's identification number, the names of the claimant and employer, the name of the individual filing the protest or appeal, the official position of an individual filing the protest or appeal on behalf of the party, and a telephone number.
(o) Protests or appeals of a Tax Rate Assignment shall be filed with the Tax Administration Section by mail, facsimile, or email.
(1) The mailing address is Post Office Box 26504, Raleigh, NC 27611.
(2) The facsimile number is (919) 733-1255.
(3) The email address is des.tax.customerservice@nccommerce.com.
(4) Correspondence and protests or appeal submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(5) Protests or appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the rate assignment, the name of the employer, the name of the individual filing the protest or appeal, the official position of an individual filing the PROPOSED RULES
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protest or appeal on behalf of the party, and a telephone number.
(p) Protests or appeals of Audit Results shall be filed with the Tax Administration Section by mail, facsimile, or email.
(1) The mailing address is Post Office Box 26504, Raleigh, NC 27611.
(2) The facsimile number is (919) 733-1255.
(3) The email address is des.tax.customerservice@nccommerce.com.
(4) Correspondence and protests or appeals submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(5) Protests or appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the result being protested or appealed, the name of the employer, the name of the individual filing the protest or appeal, the official position of an individual filing the protest or appeal on behalf of the party, and a telephone number.
(q) Protests or appeals of Tax Assessments shall be filed with the Tax Administration Section by mail, facsimile, or email.
(1) The mailing address is Post Office Box 26504, Raleigh, NC 27611.
(2) The facsimile number is (919) 733-1255.
(3) The email address is des.tax.customerservice@nccommerce.com.
(4) Correspondence and protests or appeals submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(5) Protests or appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the assessment being protested or appealed, the name of the employer, the name of the individual filing the protest or appeal, the official position of the individual filing the protest or appeal on behalf of the party, and a telephone number.
(r) Exceptions to a Tax Opinion shall be filed with the Board of Review by mail, facsimile facsimile, or email.
(1) The mailing address is Post Office Box 28263, Raleigh, North Carolina 27611.
(2) The facsimile number is (919) 715-7193.
(3) The email address is BOR@nccommerce.com.
(4) Correspondence and exceptions submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(5) Exceptions shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the tax opinion, the claimant's identification number, the names of the claimant and employer, the name of the individual filing the exceptions, the official
position of an individual filing the exceptions on behalf of the party, and a telephone number.
(s) Requests for non-charging of benefits to an employer's account, and Protests protests or appeals of benefit charges to an employer's account, or requests for non-charging account shall be filed with the Employer Benefit Charges/Benefit Charges Claims Unit by mail or facsimile.
(1) The mailing address is Post Office Box 25903, Raleigh, North Carolina 27611-5903.
(2) The facsimile number is (919) 733-1126.
(3) All questions regarding non-charging shall be directed to the Employer Benefit Charges/Benefit Charges Unit at (919) 707-1279. Correspondence, requests, protests, or appeals submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(4) Requests for non-charging and protests or appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or employer's identification number, the name of the employer, the name and official position of the individual filing the request, protest, or appeal, on behalf of the party, and a telephone number.
(t) Protests or appeals of a Denial of Seasonal Assignment shall be filed with the Tax Administration Section by mail, facsimile, or email.
(1) The mailing address is Post Office Box 26504, Raleigh, NC 27611.
(2) The facsimile number is (919) 733-1255.
(3) The email address is des.tax.customerservice@nccommerce.com.
(4) Correspondence and protests or appeal submitted by email outside the SCUBI system shall not include social security numbers or employer account numbers.
(5) Protests or appeals shall be filed by a party or a party's legal representative as defined in 04 NCAC 24A .0105 and shall contain the docket or identification number of the denial being appealed, the name of the employer, the name of the individual filing the protest or appeal, the official position of an individual filing the protest or appeal on behalf of the party, and a telephone number.
(u) Transmittal of interstate work search records and photo identification shall be filed with the Interstate Unit by mail, mail or facsimile.
(1) The Mailing Address mailing address is Post Office Box 27967, 25903, Raleigh, North Carolina 27611.
(2) The facsimile number is (919) 733-1370.
(3) All questions regarding interstate work search requirements shall be directed to the Interstate Unit at (919) 707-1237.
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Authority G.S. 75-62; 96-4; 96-14.1; 96-15; 96-17; 96-40; 20 C.F.R. 603.4.
04 NCAC 24A .0105 DEFINITIONS
(a) In addition to the terms defined in G.S. 96, the following definitions apply whenever these terms are used in this Chapter:
(1) "Additional claim" means the reopening of a valid initial claim for unemployment insurance benefits after a claimant, as defined in Item (16) of this Rule, ceased filing a weekly certification as defined in G.S. 96-14.9, for one or more weeks due to intervening employment. The first week of eligibility filed after a claim has been reopened shall constitute a waiting period week if all eligibility requirements set forth in G.S. 96-14.9 are met.
(2) "Agent state" means any state from which, or through which a claimant files a claim for benefits from another state.
(3) "Adjudicator" means an employee of DES appointed to conduct an informal investigation and render a determination as required by G.S. 96-15(b).
(4) "Appeal" means a submission by a party with statutory appeal rights requesting the Appeals Section of DES or the Board of Review to review a determination or decision that is adverse to that party.
(5) "Appeals Referee" or "Hearing Officer" means an attorney appointed to hear or decide an appeal from a determination by an adjudicator and issues involving the rights, status, and liabilities of an employer pursuant to the provisions of G.S. 96-4(q) or 96-15(c).
(6) "Appeals Section" means the section within DES where Appeals Referees conduct quasi-judicial administrative evidentiary hearings and make decisions in contested cases for unemployment insurance benefits. The Appeals Section also consists of support staff that assists Appeals Referees.
(7) "Application for a position" means supplying the information required by an employer to place an individual in a particular position or opening. Such information may include proof of the qualifications or license required by the position or opening, employment history, and personal information, such as full name, Social Security Number or other identification number, telephone number, and current address. An application for a position may be accomplished in whatever manner acceptable to an employer, including the completion of a designated form, the provision of a written resume, or verbally.
(8) "Authorized Representative" means an individual authorized by an employer or employing unit to act on the employer or employing unit's behalf before DES.
(9) "Base period" means as defined in 96-1(b)(3). Calendar quarters are January through March, April through June, July through September, and October through December.
(10) "Benefit week" means a period of seven consecutive calendar days, ending at 11:59 pm on Saturday.
(11) "Benefit wage credits" means wages used to determine a claimant's monetary eligibility for benefits. Benefit wage credits consist of the wages a claimant received or should have received during the claimant's base period of employment and to include those wages that were awarded and paid to the claimant after the base period pursuant to a court order; a National Labor Relations Board determination; another adjudicative agency; or by private agreement, consent, or arbitration for loss of pay because of discharge. DES shall credit the awarded wages to the quarter in which the wages should have been paid.
(12) "Board of Review" means as defined in G.S. 96-15.3 and is the body that conducts "higher authority review" of appeals arising from the decisions of the Division, tax liability hearings, and labor disputes. The Board of Review is also referred to as the "Board" or "BOR."
(13) "Calendar Period" means the 52 week period beginning with the first day of a week in which an individual first files a valid claim for benefits and registers for work. The week begins on the first Sunday preceding the initial claim filed and ends the following year at 11:59 p.m. on Saturday.
(14) "Charging cycle" means each calendar quarter following the prior reporting cycle, during which the employer's account is assessed and charged for erroneous unemployment insurance benefit payments resulting from untimely or inadequate responses, as defined in 04 NCAC 24D .0301, from the employer to particular Requests for Separation Information during that charging cycle if the employer met or exceeded the adequacy threshold in the prior reporting cycle.
(15) "Chief Appeals Referee" includes the Chief Appeals Referee's designee, unless otherwise stated.
(16) "Claimant" means an individual who files an unemployment insurance benefits claim for payments as provided in G.S. 96-14.1.
(17) "Clear and convincing evidence" means evidence indicating that the thing to be proved is highly probable or reasonably certain.
(18) "Customarily," as the term is used in G.S. 96-16, means during at least 75 percent of the calendar years of an observation interval.
(19) "Customary" as used in G.S. 96-15.01 means the usual and habitual number of hours worked. PROPOSED RULES
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(19)(20) "Day" means a calendar day.
(20)(21) "Delivery service" means an authorized designated carrier pursuant to Rule 4(j) of the North Carolina Rules of Civil Procedure and 26 U.S.C. 7502(f)(2).
(21)(22) "DES website" means the internet address found at www.des.nc.gov.
(22)(23) "Due diligence" means the measure of carefulness, precaution, attentiveness, and good judgment as to be expected from, and exercised by a reasonable and prudent person under the particular circumstances.
(23)(24) "Effective date of a claim" means either the benefit year beginning on the Sunday preceding the payroll week ending date if the claimant is payroll attached, or the benefit year beginning on the Sunday of the calendar week within which a claimant filed a valid claim for benefits and registered for work if the claimant is not payroll attached.
(24)(25) "Electronic transmission" means transmission by facsimile or internet. delivery to an electronic mail address at which an individual or employer has consented to receive notices, documents, or other communications; or posting on an electronic network or site accessible by internet through use of a mobile application, computer, mobile device, tablet, or any other electronic device, and sending separate notice of the posting, or using any other delivery method to which the individual or employer has consented. Communication sent by DES electronic transmission shall be complete on transmission.
(25)(26) "Equity and good conscience" means fairness as applied to a given set of circumstances.
(26)(27) "Fault" means an error or defect of judgment or of conduct; any deviation from prudence or duty resulting from inattention, incapacity, perversity, bad faith, or mismanagement.
(27)(28) "Good cause" means a legally sufficient reason.
(28)(29) "In-person/telephone hearing" means an administrative hearing before the Appeals Section, Board of Review, or other designated Hearing Officer where at least one party or witness appears in-person, and another party or witness appears by telephone.
(29)(30) "Interstate benefit payment plan" means the plan approved by the Interstate Conference of Employment Security Agencies under which benefits may be paid to unemployed claimants absent from the state (or states) where benefit wage credits accumulated. This Rule incorporates the United States Department of Labor's Interstate Benefit Payment Plan, Interstate Agreements, ET Handbook No. 392 app. B (2d ed. 1997) by reference and includes subsequent amendments and editions of the referenced material in accordance with G.S.
150B-21.6. Copies of the incorporated material are located at 700 Wade Avenue, in Raleigh, North Carolina, and may be obtained by request at no cost to the public by contacting DES as specified under 04 NCAC 24A .0201.
(30)(31) "Interstate claimant" means a claimant who claims benefits under the unemployment insurance law of one or more liable states through the facilities of an agent state, or directly with the liable state. The term "interstate claimant" shall not include any claimant who customarily commutes from a residence in an agent state to work in a liable state unless the Division finds that this exclusion would create an undue hardship.
(31)(32) "Labor dispute" means a dispute between an employer and its employees about wages, hours, working conditions, or issues concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or condition of employment, between those who could be concerned in the controversy.
(32)(33) "Last known address" means the most recent address provided to DES by the claimant or taxpayer located in its official record, except that DES shall update addresses maintained in its official records by referring to data accumulated and maintained in the United States Postal Service (USPS) National Change of Address database that retains change of address information (NCOA Database). If the claimant or taxpayer's name and last known address in DES's official records match the claimant or taxpayer's name and previous mailing address contained in the NCOA database, the new address in the NCOA database is the taxpayer's last known address. This Rule incorporates the United States Postal Service's National Change of Address Database by reference and includes subsequent amendments and editions of the referenced material in accordance with G.S. 150B-21.6. Copies of the incorporated material are located at 700 Wade Avenue, in Raleigh, North Carolina, and may be obtained by request at no cost to the public by contacting DES as specified under 04 NCAC 24A .0201.
(33)(34) "Legal representative" means a licensed attorney or a person supervised by a licensed attorney.
(34)(35) "Liable state" means any state against which a claimant files a claim for benefits through another state.
(36) "NDNH" is an acronym, and means the National Directory of New Hires. NDNH is a national database of wage and employment information established by the Personal Responsibility and Work Opportunity PROPOSED RULES
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Reconciliation Act of 1996, and operated by the federal Office of Child Support Enforcement.
(35)(37)"Observation interval" means an interval of time including the four consecutive calendar years preceding the calendar year in which an application for a seasonal determination is made pursuant to G.S. 96-16. In the case of a newly liable employer or an employer whose operational activities have changed, the observation interval may be less than four calendar years.
(38) "Official record" means information in the records of a state or state unemployment compensation agency that pertains to the administration of the unemployment insurance program. Official records include claim information, wage information, confidential information, and unemployment compensation information as defined in 20 C.F.R. 603.2. Official records also include information provided by a federal, state, or private entity, or a claimant or employer for reliance upon, or use by the state in administering its unemployment insurance program.
(36)(39) "Party with appeal rights" means a party who has the right to appeal an unfavorable determination or decision pursuant to G.S. 96-4(q) and G.S. 96-15.
(37)(40) "Public employment office" means a local office managed and operated by the Division of Workforce Solutions (DWS) of the North Carolina Department of Commerce.
(38)(41) "Regularly recurring" means a period or periods of operational activity and shall be deemed regularly recurring if, during at least seventy-five percent of the calendar years in the observation interval, the beginning and ending dates of the period or periods do not vary more than four weeks.
(39)(42) "Reopened claim" means the resumption of a valid initial claim following a break in filing weekly certifications during a benefit year and the break was caused by reasons other than intervening employment. The first week of eligibility following the effective date of the reopened claim shall constitute a waiting period week if all eligibility requirements set forth in G.S. 96-14.9 are met.
(40)(43) "Reporting cycle" means the 52 week period beginning August 1st and ending July 31st the following year in which the employer's account is examined and recorded for any inadequate responses to Requests for Separation Information (NCUI 500AB).
(44) "SCUBI" is an acronym, and means the Southeast Consortium Unemployment Benefits Initiative referenced in G.S. 96-40(b)(1). SCUBI is a multi-state consortia consisting of North Carolina, South Carolina, and Georgia.
(45) "SIDES" is an acronym, and means the State Information Data Exchange System. SIDES is a secure, nationally standardized, web based system that allows electronic transmission of information requests from DES to employers or third party administrators, as well as electronic transmission of replies containing the requested information back to DES.
(41)(46) "State" means any of the 50 states in the United States and includes the District of Columbia, Puerto Rico, and the U.S. Virgin Islands.
(47) "Valid email address" means a unique identifier for an email account that is used to send and receive messages over the internet, and is composed of three parts: the user name, the "at symbol" (@), and the domain. To be valid, an email address must be one to which DES can send emails, and must be provided to DES for use by the claimant, employer, legal representative, or other authorized representative of the claimant or employer. The most recent email address provided to DES shall be maintained in DES's records, as the claimant's or employer's official email address.
(42)(48) "Wages paid" means both wages actually received by a worker, and wages "constructively paid." Wages are constructively paid when they are credited to the account of, or set apart for a worker without any substantial restriction as to the time or manner of payment or condition upon which payment is to be made, and shall be made available so that the worker may draw upon them at any
time, and payment brought within the worker's control and disposition, although not then actually reduced to possession.
(43)(49) "Wages payable" means wages earned but not paid.
(44)(50)"Weekly period" means a seven day period beginning at 12:00 a.m. Sunday and ending on the following Saturday at 11:59 p.m.
(45)(51) "Week of unemployment" includes any week of unemployment as defined in the law of the liable state from which benefits for the week are claimed.
Authority G.S. 84; 96-1; 96-4; 96-9.2; 96-9.6; 96-14.1; 96-14.9; 96-15; 96-17; 96-20.
04 NCAC 24A .0109 POWER OF ATTORNEY
(a) An A claimant or employer may appoint an agent with full or limited power and authority to act on his, her, or its behalf with DES. An A claimant or employer's appointment of an agent shall be made in writing in the manner prescribed by G.S. 32A-1. 32A-1, or by using the Power of Attorney and Declaration of Representative form found on DES's website at www.des.nc.gov.
(b) An agent appointed pursuant to a power of attorney may:
(1) complete and submit documents for filing employers' tax and wage reports; PROPOSED RULES
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(2) complete and submit documents regarding an employer's tax rate, contributions, and direct reimbursements;
(3) respond to benefit claims documents, including completion of the Request for Separation Information;
(4) engage in discussions with DES representatives regarding the actions listed above; and
(5) accept or receive correspondence sent by DES regarding claims for benefits or an employer's contributions.
Authority G.S. 32A-1; 32A-2; 96-4; 96-9.15.
04 NCAC 24A .0110 LIMITATION ON AUTHORITY GRANTED BY POWER OF ATTORNEY
(a) A representative authorized to act for a claimant or employer pursuant to a power of attorney shall not enter appeals or protests from any decisions made by an adjudicator, appeals referee, hearing officer, the Assistant Secretary, the Board of Review, or any other employee authorized to act on behalf of DES or the Board of Review, unless the representative is qualified to serve as a legal representative pursuant to G.S. 96-17(b).
(b) A representative authorized to act for a claimant or employer pursuant to a power of attorney may appear as a witness, but shall not represent the claimant or employer in any hearings conducted by DES, the Board of Review, or any employee authorized to act on behalf of DES or the Board of Review.
(c) An individual authorized to act as a legal representative in a hearing before an Appeals Referee shall submit notice in writing to the Appeals Referee in accordance with 04 NCAC 24C .0302.
(d) An individual authorized to act as a legal representative in a hearing before the Board of Review, or to enter an appeal or protest before the Board of Review, shall submit notice in writing in accordance with 04 NCAC 24C .0504.
Authority G.S. 84-2.1; 84-4; 84-4.1; 84-5; 96-4; 96-17.
SECTION .0400 - ADJUDICATION
04 NCAC 24B .0402 REQUEST FOR SEPARATION INFORMATION FROM EMPLOYER
(a) In connection with a claim filed by a claimant, DES shall require the claimant's last employer to provide complete information (sufficient facts) to make a correct initial determination of the claimant's eligibility for unemployment insurance benefits without having to contact the employer to obtain additional information. DES shall provide requests for information regarding a claimant's separation or status to the employer's last known mailing address or email address as reflected in DES's official records. Requests shall be provided to the employer's mailing address when responding to the request by SCUBI, and to the email address when responding to the requests by SIDES.
(b) Employers shall electronically submit separation information and information regarding a claimant's employment status a Form NCUI 500AB consistent with G.S. 96-15(b)(2) that shall be provided to the employer's last known address as reflected in its
official records and include the following information: by SCUBI at www.des.nc.gov or by SIDES.
(1) DES shall provide employers using SCUBI with written instructions for submitting responses by SCUBI with the request for information.
(2) SIDES participants who elect to receive communications from SIDES shall receive written instructions for submitting responses to the request for information by email or proprietary SIDES interface software.
(c) Each employer's response in connection with a request from DES shall include the following information as applicable to a claimant's claim:
(1) last and first dates of employment;
(2) the claimant's pay rate;
(3) the gross amount of the any vacation, severance, and any sick pay;
(4) the beginning and ending dates covered by the any separation payments;
(5) if the claimant quit their job: the job or left work:
(A) a copy of the employee's resignation letter letter, if one exists; and
(B) the reason(s) for the resignation each reason provided by the claimant to the employer for leaving work; or
(6) if the claimant was discharged:
(A) the each reason(s) reason for the separation discharge and with supporting documentation and evidence; and
(B) copies of any employee policies, warnings, handbooks, documents, or contracts signed by the employee that pertain to the employee's discharge; a copy of each policy, warning, handbook, document, acknowledgment, or contract signed by the claimant that is relevant to the claimant's discharge; or
(7) if the claimant was separated due to an inability to perform the job duties and was employed less than 100 days, an explanation describing the job requirements, the claimant's inability to perform the job duties, and steps taken by the employer to assist the claimant to perform the job duties prior to discharge; or
(7)(8) if the claimant is still employed: employed with the employer:
(A) the terms of employment and conditions under which the employee claimant was hired;
(B) the number of hours per week that the employee claimant is currently working;
(C) the customary number of hours per week that the claimant has worked; PROPOSED RULES
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(C)(D) with regard to any reduction of the employee's claimant's work hours, hours:
(i) the date the reduction took place, place;
(ii) reasons for the reduction, reduction; and
(iii) if the reduction is temporary, any date when the employee may be allowed to the expected date for the claimant's return to work; or and
(8) if the employee was separated due to an inability to perform job duties and was employed less than 100 days, an explanation describing the inability to perform the job duties; and
(9) any separation or status information requested by DES, or which that the employer should expect expects is necessary for DES to make a correct initial determination of the claimant's eligibility for unemployment benefits.
(c) Employers may respond to requests for separation information by mail or fax as provided under 04 NCAC 24A .0104, or by submitting their responses at www.ncesc.com through the employer portal.
Authority G.S. 96-1; 96-4; 96-11.3; 96-11.4; 96-15; 96-15.01.
SUBCHAPTER 24C - INITIAL APPEALS FROM DETERMINATION AND HIGHER AUTHORITY REVIEW
SECTION .0200 – INITIAL APPEALS HEARING
04 NCAC 24C .0204 APPEALS HEARING NOTICE
(a) The Appeals Section shall mail notice of the hearing to each party at least 14 days before the hearing date date, unless a party elects to receive notices by electronic transmission pursuant to 04 NCAC 24A .0103.
(b) A party who elects to receive correspondence and notices by electronic transmission shall receive an email notification that the hearing notice, documents, or other information are available for electronic retrieval, along with instructions for retrieval.
(b)(c) Notice of the hearing shall include:
(1) the determination appealed;
(2) the appealing party;
(3) the time of the hearing;
(4) the date of the hearing;
(5) if requested at the time of filing the appeal, the physical location of an in-person hearing;
(6) the telephone number of each party for telephone hearings;
(7) each issue, with statutory reference, to be heard and decided;
(8) the name and contact information of the designated Appeals Referee;
(9) the manner by which witnesses may offer evidence and participate in the hearing;
(10) each party's right to legal representation;
(11) instructions for requesting a rescheduling of the hearing;
(12) each party's right and instructions for requesting the issuance of a subpoena for the production of records or individuals to appear to testify;
(13) instructions on how to request an in-person hearing; and
(14) instructions on how to give evidence for a hearing.
(c)(d) The determination, the written appeal, and any additional documents provided to the Appeals Section by either party, party shall accompany the hearing notice.
Authority G.S. 96-4; 96-15.
TITLE 07 – DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that the Department of Natural and Cultural Resources intends to adopt the rules cited as 07 NCAC 02H .0107-.0109.
Link to agency website pursuant to G.S. 150B-19.1(c): https://www.ncdcr.gov/
Proposed Effective Date: September 1, 2017
Public Hearing:
Date: May 17, 2017
Time: 10:00 a.m.
Location: State Library of North Carolina, 109 East Jones Street, Room 310E, Raleigh, NC 27601
Reason for Proposed Action: Pursuant to G.S. 125-2(4), the proposed rules makes changes to the North Carolina Government and Heritage Library's borrowing privileges.
07 NCAC 02H .0107 - authorizes registered borrowers to check-out and reserve circulated materials within the Library's collection, explains when borrowers are required to return borrowed materials and how they will be notified when materials become overdue, and instructs borrowers that their borrowing privileges can be restricted or suspended for failing to comply with the rules contained in Subchapter 02H of Title 07.
07 NCAC 02H .0108 - expands access to the Library's materials and equipment to the general public. This rule also extends borrowing privileges to citizens of the State who have registered with the Library. Registered borrowers will be issued a Library card free of charge. Likewise, lost or stolen cards can be replaced at no additional charge to the borrower.
07 NCAC 02H .0109 - outlines the Library's process for restricting or suspending a patron's access to materials and equipment for violation of the Rules in this Subchapter.
A fiscal note has been prepared regarding these rules and a copy may be obtained from the Agency upon request. PROPOSED RULES
31:21 NORTH CAROLINA REGISTER MAY 1, 2017
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Comments may be submitted to: Michelle Underhill, 4640 Mail Service Center, Raleigh, NC 27699; email michelle.underhill@ncdcr.gov
Comment period ends: June 30, 2017
Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written 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 facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply). State funds affected Environmental permitting of DOT affected
Analysis submitted to Board of Transportation Local funds affected Substantial economic impact (≥$1,000,000) Approved by OSBM No fiscal note required by G.S. 150B-21.4
CHAPTER 02 - STATE LIBRARY
SUBCHAPTER 02H - LIBRARY SERVICES
SECTION .0100 – GOVERNMENT AND HERITAGE LIBRARY
07 NCAC 02H .0107 BORROWING PRIVILEGES
(a) Library materials and equipment shall be available to all registered borrowers in accordance with the Rules set forth in this Subchapter.
(b) Circulated materials may be checked out by registered borrowers for 28 calendar days ("loan period").
(c) Registered borrowers may reserve circulated materials and have them placed on hold. Materials shall be reserved by:
(1) visiting the library circulation desk;
(2) online at ncgov.nccardinal.org;
(3) calling the Government and Heritage Library at 919-807-7450; or
(4) submitting an email to slnc.reference@ncdcr.gov.
Materials placed on hold shall be held at the library circulation desk for five business days.
(d) Registered borrowers may renew loaned materials once per loan period. Renewals shall be made in the same manner as provided in Paragraph (c).
(e) Borrowed materials shall be classified as overdue if they are not returned by 5:00 PM on the last day of the loan period. An overdue notice shall be sent to the borrower by email or U.S. Mail for any materials that are not returned or renewed prior to the end of the loan period. Borrowers shall not be fined for overdue books.
(f) The status of borrowed items shall be changed to lost for items not returned after 90 calendar days. Borrowers shall be required to comply with Rule .0103 of this Section to replace lost items.
(g) Failure to comply with Paragraph (e) of this Rule may result in the restriction or suspension of a borrower's privileges as set forth in this Subchapter.
Authority G.S. 125-2(4); 143B-10.
07 NCAC 02H .0108 REGISTRATION
(a) The Government and Heritage Library shall maintain a collection of materials and equipment that shall be available for use to the public.
(b) Borrowing privileges shall only be granted to citizens of the State and State employees who have registered with the Government and Heritage Library.
(c) To register for borrowing privileges, each individual shall appear in person and provide the Library with the following information on a form provided by the Library:
(1) name;
(2) address;
(3) telephone number;
(4) email address;
(5) date of birth;
(6) physical driver's license, or state-issued photo identification, if over the age of 16; and
(7) signature or signature of parent/guardian, if under the age of 16.
(d) The Library shall provide all registered borrowers with a Library card at no cost. The card may be presented in order to check-out materials in the Library's collection. If a borrower cannot present his or her card, the borrower's status may be confirmed by providing the librarian with his or her name and address. If a card is lost or stolen, the borrower may receive a replacement card, at no charge, by providing the librarian with the information contained in Paragraph (c) of this Rule.
(e) Borrowers shall notify the Library of any change in their information required by Paragraph (c) of this Rule. Failure to inform the Library of these changes may result the restriction or suspension of borrowing privileges as set forth in Rule .0109 of this Section.
Authority G.S. 125-2(4); 143B-10.
07 NCAC 02H .0109 RESTRICTION AND SUSPENSION OF PRIVILEGES
(a) The Government and Heritage Library may restrict or suspend a patron's access to materials and equipment for violation of any Rule set forth in this Subchapter.
(b) A borrower's check-out privileges shall be suspended for the following:
(1) failure to return overdue materials within 15 days of the issuance of any overdue notice; PROPOSED RULES
31:21 NORTH CAROLINA REGISTER MAY 1, 2017
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(2) damage to any library materials or equipment; or
(3) unauthorized use of materials or equipment, including loaning library materials to non-registered borrowers, using materials or equipment in a manner prohibited by its proper use, or removing non-circulating materials or equipment from the Library.
(c) The period of suspension shall not exceed one year. In setting the period of suspension, the State Librarian shall consider the Rule violated, the extent of harm to the Library's property, and any previous rule violations by the patron. The State Librarian shall send a letter of suspension to the borrower by email or U.S. Mail.
Authority G.S. 125-2(4); 143B-10.
TITLE 14B – DEPARTMENT OF PUBLIC SAFETY
Notice is hereby given in accordance with G.S. 150B-21.2 that the Department of Public Safety-Boxing Authority intends to amend the rules cited as 14B NCAC 10 .0501 and .0801.
Link to agency website pursuant to G.S. 150B-19.1(c): https://www.ncdps.gov/administrative-rules
Proposed Effective Date: September 1, 2017
Public Hearing:
Date: June 1, 2017
Time: 2:00 p.m.
Location: ABC Commission Hearing Room, 400 East Tryon Road, Raleigh, NC 27610
Reason for Proposed Action: The Boxing Authority proposes to amend two current rules governing weigh-ins for contestants competing in boxing and mixed martial arts events to increase contestant safety. Currently, boxing contestants are required to participate in a weigh-in (to establish whether the contestant's weight falls within the permissible limits for his/her weight class) to no earlier than 6 p.m. the day before an event. Currently, mixed martial arts contestants are required to participate in two separate weigh-ins; one on the day before an event and a second weigh-in on the day of the event within eight hours of the starting time of the event. The proposed amendment to 14B NCAC 10 .0501 will allow for an earlier weigh-in time for boxing event contestants of noon or later the day before a scheduled event.
The proposed amendment to 14B NCAC 10 .0801 will eliminate the current requirements that mixed martial art contestants weigh-in at a second day weigh-in, thus allowing them more time to rehydrate prior to competing in an event. These rule changes
are consistent with the nation-wide trend encouraging earlier weigh-in times in order to allow participants more time to hydrate properly before contests.
Comments may be submitted to: Angel E. Gray, General Counsel, NC State Bureau of Investigation, 3320 Garner Rd., Raleigh, NC 27601; phone (919) 662-4500, agray@ncsbi.gov
Comment period ends: June 30, 2017
Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written 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 facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply). State funds affected Environmental permitting of DOT affected
Analysis submitted to Board of Transportation Local funds affected Substantial economic impact (≥$1,000,000) Approved by OSBM No fiscal note required by G.S. 150B-21.4
CHAPTER 10 - BOXING AUTHORITY
SECTION .0500 - BOXING
14B NCAC 10 .0501 WEIGH-INS FOR BOXING
(a) Boxers shall be classified by weight as shown in the following schedule. A contestant shall not be permitted to compete if the difference in weight between the contestants exceeds the difference shown in the following schedule: Contestants shall be classified by weight and may fight above or below his or her weight class in accordance with this Paragraph. The maximum amount of weight difference between the two contestants shall be decided by the lower weight class. A contestant shall not be permitted to compete if the difference in weight between the contestants exceeds the difference shown in the following schedule:
Weight Class Weight Allowance
(1) Flyweight 112 pounds or under less not more than 3 pounds.
(2) Bantamweight over 112 pounds to 118 pounds not more than 3 pounds.
(3) Featherweight over 118 pounds to 126 pounds not more than 5 pounds.
(4) Junior Lightweight over 126 pounds to 130 pounds not more than 7 pounds.
(5) Lightweight over 130 pounds to 135 pounds not more than 7 pounds. PROPOSED RULES
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(6) Junior Welterweight over 135 pounds to 140 pounds not more than 9 pounds.
(7) Welterweight over 140 pounds to 147 pounds not more than 9 pounds.
(8) Junior Middleweight over 147 pounds to 154 pounds not more than 11 pounds.
(9) Middleweight over 154 pounds to 160 pounds not more than 11 pounds.
(10) Light Heavyweight over 160 pounds to 175 pounds not more than 12 pounds.
(11) Cruiserweight over 175 pounds to 190 pounds not more than 15 pounds.
(12) Heavyweight over 190 pounds no limit
Weight class
Weights
Allowances
Flyweight
up to 112 pounds
not more than 3 pounds
Bantamweight
112.1 to 118.0 pounds
not more than 3 pounds
Featherweight
118.1 to 126.0 pounds
not more than 5 pounds
Junior Lightweight
126.1 to 130.0 pounds
not more than 7 pounds
Lightweight
130.1 to 135.0 pounds
not more than 7 pounds
Junior Welterweight
135.1 to 140.0 pounds
not more than 9 pounds
Welterweight
140.1 to 147.0 pounds
not more than 9 pounds
Junior Middleweight
147.1 to 154.0 pounds
not more than 11 pounds
Middleweight
154.1 to 160.0 pounds
not more than 11 pounds
Light Heavyweight
160.1 to 175.0 pounds
not more than 12 pounds
Cruiserweight
175.1 to 190.0 pounds
not more than 15 pounds
Heavyweight
over 190.1 pounds
no limit
(b) Contestants in matches shall be weighed on the same scale at a time and place to be determined by the Division representative, in the presence of the opponent and the Division representative. Once the time and location of weigh-ins has been established, contestants shall be notified by the promoter or his or her designee. All contestants, contestants, except heavyweights, are shall be limited to shirt, shorts shorts, and socks. socks while being weighed in. The weigh-in shall occur 12 hours or less prior to the scheduled starting time of the first match of the program of matches, provided however, that matches. However, where a program of matches is scheduled to begin in the afternoon, the Division representative, if requested by the promoter, may approve an early weigh-in time of 6:00 p.m. noon or later the evening before the day before the day of the program of matches. matches if personnel is available. Substitution of a contestant or contestants shall not be allowed after the weigh-in.
(c) Failure of a contestant to be present at the weigh-in at the time and place designated by the Division representative shall result in the following penalties, which are in addition contestant's loss of right to his loss of right to view the weigh-in of his or her opponent: opponent.
(1) For first occurrence, the contestant shall be penalized twenty-five dollars ($25.00);
(2) For second occurrence, the contestant shall be penalized fifty dollars ($50.00);
(3) The third occurrence shall be penalized by suspending the license of the contestant and not allowing the contestant to engage in the program of matches; and
(4) The fourth occurrence shall be penalized by revoking the license of the participant.
(d) If the weight of any contestant in a match fails to meet the weight parameters as set forth in Paragraph (a) of this Rule at the time of the official weigh-in, he or she shall have two additional hours to meet the weight parameters provided that: if, at the time of the official weigh-in, the weight of any contestant in a match
fails to meet the weight parameters of the rules set forth herein shall have two additional hours to meet such weight parameters:
(1) No contestants contestant that weighs 147 pounds or less may lose more than two pounds in less than 12 hours of before a match.
(2) No contestant weighing more than 147 pounds or less than 190 pounds, with the exception of heavyweights, may lose more than three pounds in less than 12 hours of before a match.
(3) No contestant weighing more than 190 pounds may lose more than four pounds in less than 12 hours before a match.
This Paragraph also applies to second day weigh-ins.
(4) Contestants may not gain weight after the official weigh-ins have begun to make weight parameters during the time of weigh-ins.
(e) At the time of weigh-in, each contestant in a match shall provide to the Division representative for inspection a picture identification issued by a federal, state or local unit of government unit of government, or other governmental authority. The contestant may utilize the passport issued by another state in which he is licensed provided that such passport contains the information as required in this Paragraph:
(1) Legal name of contestant;
(2) Ring name of contestant;
(3) A passport type picture which shows the face of the contestant. Passports issued by states that do not require a picture shall be accompanied by another form of positive identification;
(4) Address of contestant;
(5) Age of contestant;
(6) Date, place, opponent and result of the contestant's professional contests since the issuance of the passport, which entries shall be signed by the Division representative as designated by the rules in this Chapter or the PROPOSED RULES
31:21 NORTH CAROLINA REGISTER MAY 1, 2017
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rules of the jurisdiction in which the match occurred; and
(7) Signature of the contestant and a statement attesting to the validity of the information contained in his passport.
(f) The contestant may shall be required to complete a contestant information form annually which shall be provided by the Boxing Authority Section of the Division. Any contestant who refuses to complete this form shall not engage in any match in North Carolina.
Authority G.S. 143-652.1.
SECTION .0800 - MIXED MARTIAL ARTS
14B NCAC 10 .0801 WEIGH INS-MIXED MARTIAL ARTS
The mixed martial arts weigh-ins must shall be conducted by a Division representative at a place and time designated by the Division in accordance with 14A NCAC 12 .0201, .0301, .0402, .0403 and .0501 the requirements of 14B NCAC 10 .0501, except for the following: following exceptions or additional rules:
(1) All contestants must weigh in. Contestants other than heavyweights, are limited to shorts, shirt and socks.
(2) The scale shall be provided by the promoter and indicate an accurate weight for contestants.
(3)(1) The chart in this Item indicates the weight allowances per weight class. A contestant may fight an opponent above or below his or her weight class. The maximum amount of weight difference between the two contestants shall be decided by lower weight class. Weight allowances permitted between two different weight classes are as follows: Contestants shall be classified by weight and may fight above or below his or her weight class in accordance with Item (1) of this Rule. The maximum amount of weight difference between the two contestants shall be decided by the lower weight class. A contestant shall not be permitted to compete if the difference in weight between the contestants exceeds the difference shown in the following schedule:
Weight class
Weights
Allowances
Straw weight
up to 115 pounds or less
3 pounds
Flyweight
116 to125 pounds
3 pounds
Bantamweight
126 to 135 pounds
3 pounds
Featherweight
136 to 145 pounds
5 pounds
Lightweight
146 to 155 pounds
5 pounds
Welterweight
156 to 170 pounds
5 pounds
Middleweight
171 to 185 pounds
7 pounds
Light Heavyweight
186 to 205 pounds
7 pounds
Heavyweight
206 to 265 pounds
7 pounds
Super Heavyweight
over 265 pounds
no limit
(4) When a weigh-in is conducted the day prior to the event, with the exception of the heavyweight class, all other contestants must weigh-in at a second weigh-in the next day scheduled by the Division representative within eight hours of the starting time of the event. The contestant may not be more than 13 pounds heavier than their recorded weight from the day prior.
(5)(2) If the weight of any contestant fails to meet the weigh parameters as set forth in Item (1) of this Rule at the time of the official weigh-in, her or she shall have two additional hours to meet the weight parameters provided that:
(a) No contestant, weighing 145 pounds or less, may lose more than two pounds in less than 12 hours of before a contest.
(b) No contestant, weighing more than 145 146 pounds or more less than 186 pounds, may lose more than three pounds in less than 12 hours of before a contest.
(c) No contestant weighing more than 186 pounds may lose more than four pounds in less than 12 hours before a contest. This Item applies to a second day weigh-in also. This does not apply to light heavyweight class and above.
(d) Contestants may not gain weight after the official weigh-ins have begun to make weight parameters during the time of weigh-ins.
Authority G.S. 143-652.1.
APPROVED RULES
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2078
This Section includes a listing of rules approved by the Rules Review Commission followed by the full text of those rules. The rules that have been approved by the RRC in a form different from that originally noticed in the Register or when no notice was required to be published in the Register are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-21.17.
Rules approved by the Rules Review Commission at its meeting on March 16, 2017.
REGISTER CITATION TO THE
NOTICE OF TEXT
AGRICULTURE, BOARD OF
Vitamin Assay of Milk Products
02
NCAC
09G
.0103
31:05 NCR
Appeals Procedure
02
NCAC
09G
.2009*
31:05 NCR
COMMERCE - EMPLOYMENT SECURITY, DIVISION OF
Definitions
04
NCAC
24A
.0105*
31:12 NCR
Valid Job Contacts
04
NCAC
24B
.0107*
31:12 NCR
Content of Higher Authority Decision
04
NCAC
24C
.0506
31:12 NCR
Post-Decision Relief
04
NCAC
24C
.0601
31:12 NCR
MEDICAL CARE COMMISSION
Definitions
10A
NCAC
13E
.0101*
31:06 NCR
Applying for a License to Provide Overnight Respite Services
10A
NCAC
13E
.0201*
31:06 NCR
Persons Not Eligible for Overnight Respite Services Licenses
10A
NCAC
13E
.0202*
31:06 NCR
The License
10A
NCAC
13E
.0203
31:06 NCR
Renewal of License
10A
NCAC
13E
.0204*
31:06 NCR
Closing of Overnight Respite Services
10A
NCAC
13E
.0205*
31:06 NCR
Denial and Revocation of License
10A
NCAC
13E
.0206*
31:06 NCR
Suspension of Admissions
10A
NCAC
13E
.0207*
31:06 NCR
Appeal of Licensure Action
10A
NCAC
13E
.0208*
31:06 NCR
Submission of Information to the Division of Health Servi...
10A
NCAC
13E
.0301*
31:06 NCR
Capacity
10A
NCAC
13E
.0302*
31:06 NCR
Design and Construction
10A
NCAC
13E
.0303*
31:06 NCR
Location
10A
NCAC
13E
.0304*
31:06 NCR
Living Room
10A
NCAC
13E
.0305*
31:06 NCR
Dining Room
10A
NCAC
13E
.0306*
31:06 NCR
Kitchen
10A
NCAC
13E
.0307*
31:06 NCR
Bedrooms
10A
NCAC
13E
.0308*
31:06 NCR
Bathroom
10A
NCAC
13E
.0309*
31:06 NCR
Storage Areas
10A
NCAC
13E
.0310
31:06 NCR
Corridor
10A
NCAC
13E
.0311
31:06 NCR
Outside Entrance and Exits
10A
NCAC
13E
.0312*
31:06 NCR
Laundry Room
10A
NCAC
13E
.0313
31:06 NCR
Floors
10A
NCAC
13E
.0314
31:06 NCR
Housekeeping and Furnishings
10A
NCAC
13E
.0315*
31:06 NCR
Fire Safety and Disaster Plan
10A
NCAC
13E
.0316*
31:06 NCR
Building Service Equipment
10A
NCAC
13E
.0317
31:06 NCR
Outside Premises
10A
NCAC
13E
.0318
31:06 NCR
Administrator
10A
NCAC
13E
.0401*
31:06 NCR
Supervisor-In-Charge
10A
NCAC
13E
.0402
31:06 NCR APPROVED RULES
31:21 NORTH CAROLINA REGISTER MAY 1, 2017
2079
Staff and Staffing
10A
NCAC
13E
.0403*
31:06 NCR
Training on Cardio-Pulmonary Resuscitation
10A
NCAC
13E
.0404*
31:06 NCR
Program Policies
10A
NCAC
13E
.0501*
31:06 NCR
Enrollment of Participants
10A
NCAC
13E
.0601*
31:06 NCR
Planning Services for Individual Participants
10A
NCAC
13E
.0602*
31:06 NCR
Medication Administration Policies and Procedures
10A
NCAC
13E
.0701
31:06 NCR
Medication Administration Competency Evaluation
10A
NCAC
13E
.0702*
31:06 NCR
Medication Administration
10A
NCAC
13E
.0703*
31:06 NCR
Food Procurement and Safety
10A
NCAC
13E
.0801*
31:06 NCR
Food Preparation and Service
10A
NCAC
13E
.0802
31:06 NCR
Menus
10A
NCAC
13E
.0803*
31:06 NCR
Food Requirements
10A
NCAC
13E
.0804
31:06 NCR
Therapeutic Diets
10A
NCAC
13E
.0805*
31:06 NCR
Assistance with Eating
10A
NCAC
13E
.0806
31:06 NCR
Accommodation of Participant Needs and Preferences
10A
NCAC
13E
.0807
31:06 NCR
Activities Program
10A
NCAC
13E
.0901*
31:06 NCR
Adverse Action on Certification
10A
NCAC
13F
.1702*
31:06 NCR
Renewal of Administrator
10A
NCAC
13F
.1703*
31:06 NCR
Qualifications of Administrator
10A
NCAC
13G
.0401
31:06 NCR
Administrator Approval
10A
NCAC
13G
.1501*
31:06 NCR
Adverse Action on Administrator
10A
NCAC
13G
.1502*
31:06 NCR
Renewal of Administrator Approval
10A
NCAC
13G
.1503*
31:06 NCR
Special Situations
10A
NCAC
13P
.0203*
31:11 NCR
MENTAL HEALTH, COMMISSION FOR
Operations
10A
NCAC
27G
.6702*
31:01 NCR
Scope
10A
NCAC
27H
.0201*
31:01 NCR
CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION
Training Course Enrollment
12
NCAC
09B
.0204*
31:06 NCR
Moral Character
12
NCAC
09G
.0206*
31:06 NCR
Minimum Training Specifications
12
NCAC
09H
.0102*
31:06 NCR
Filing and Fees
12
NCAC
09H
.0105*
31:06 NCR
WILDLIFE RESOURCES COMMISSION
General Provisions
15A
NCAC
10A
.1401*
31:11 NCR
Wildlife Violator Compact Manual
15A
NCAC
10A
.1402*
31:11 NCR
Wildlife Violator Compact Conditions for Non-Residents
15A
NCAC
10A
.1403*
31:11 NCR
Wildlife Violator Compact Conditions for Residents
15A
NCAC
10A
.1404*
31:11 NCR
Reciprocal Recognition of Suspensions
15A
NCAC
10A
.1405*
31:11 NCR
Appeals
15A
NCAC
10A
.1406*
31:11 NCR
Big Game Kill Reports
15A
NCAC
10B
.0113*
31:11 NCR
Wildlife Collectors
15A
NCAC
10B
.0119*
31:11 NCR
Bear
15A
NCAC
10B
.0202
31:11 NCR
Deer (White Tailed)
15A
NCAC
10B
.0203*
31:11 NCR
Wild Turkey
15A
NCAC
10B
.0209*
31:11 NCR
Crows
15A
NCAC
10B
.0215*
31:11 NCR
Misuse of Tags
15A
NCAC
10B
.0406*
31:11 NCR APPROVED RULES
31:21 NORTH CAROLINA REGISTER MAY 1, 2017
2080
Reciprocal License Agreement
15A
NCAC
10C
.0203*
31:11 NCR
Public Mountain Trout Waters
15A
NCAC
10C
.0205*
31:11 NCR
Black Bass
15A
NCAC
10C
.0305*
31:11 NCR
Crappie
15A
NCAC
10C
.0306
31:11 NCR
Trout
15A
NCAC
10C
.0316
31:11 NCR
White Bass
15A
NCAC
10C
.0318
31:11 NCR
Taking Nongame Fishes for Bait or Personal Consumption
15A
NCAC
10C
.0402*
31:11 NCR
General Regulations Regarding Use
15A
NCAC
10D
.0102*
31:11 NCR
Hunting On Game Lands
15A
NCAC
10D
.0103*
31:11 NCR
Fishing on Game Lands
15A
NCAC
10D
.0104*
31:11 NCR
New Hanover County
15A
NCAC
10F
.0314*
31:11 NCR
Montgomery County
15A
NCAC
10F
.0327*
31:08 NCR
Carteret County
15A
NCAC
10F
.0330*
31:11 NCR
Possession of Reptiles and Amphibians
15A
NCAC
10H
.1302*
31:11 NCR
PUBLIC HEALTH, COMMISSION FOR
Engineered Option Permit
15A
NCAC
18A
.1971*
31:11 NCR
BARBER EXAMINERS, BOARD OF
Complaints
21
NCAC
06C
.0912*
31:11 NCR
Apprentice Barber
21
NCAC
06I
.0105
31:11 NCR
Applicants with Military Training and Expertise
21
NCAC
06K
.0112*
31:11 NCR
Military Spouses
21
NCAC
06K
.0113*
31:11 NCR
Measurements of Barber Shop
21
NCAC
06L
.0102
31:12 NCR
Fees
21
NCAC
06N
.0101
31:11 NCR
Form Bar-11
21
NCAC
06N
.0112*
31:11 NCR
Form Bar-12
21
NCAC
06N
.0113*
31:11 NCR
Extensions for Members of the Armed Forces
21
NCAC
06N
.0114*
31:11 NCR
General Definitions
21
NCAC
06P
.0103
31:11 NCR
CHIROPRACTIC EXAMINERS, BOARD OF
Prepaid Treatment Plans
21
NCAC
10
.0305*
31:05 NCR
EMPLOYEE ASSISTANCE PROFESSIONALS, BOARD OF
License Application
21
NCAC
11
.0104*
30:12 NCR
Disciplinary Action/Hearing
21
NCAC
11
.0108*
30:12 NCR
Fees
21
NCAC
11
.0111*
30:12 NCR
Penalties
21
NCAC
11
.0112
30:12 NCR
DENTAL EXAMINERS, BOARD OF
Functions Which May Be Delegated
21
NCAC
16G
.0101*
31:08 NCR
MASSAGE AND BODYWORK THERAPY, BOARD OF
Documentation; Referrals
21
NCAC
30
.0504*
31:10 NCR
Board Approval
21
NCAC
30
.0601*
31:10 NCR
Definitions
21
NCAC
30
.0602*
31:10 NCR
Admissions
21
NCAC
30
.0618*
31:10 NCR
Program Requirements
21
NCAC
30
.0620*
31:10 NCR APPROVED RULES
31:21 NORTH CAROLINA REGISTER MAY 1, 2017
2081
Learning Resources
21
NCAC
30
.0623*
31:10 NCR
Ethical Requirements in Advertising
21
NCAC
30
.0628*
31:10 NCR
Student Enrollment Agreement
21
NCAC
30
.0629*
31:10 NCR
School Catalog
21
NCAC
30
.0630*
31:10 NCR
PODIATRY EXAMINERS, BOARD OF
Notice of Unlicensed Activity
21
NCAC
52
.0214*
31:12 NCR
Complaints
21
NCAC
52
.0409*
31:12 NCR
REAL ESTATE COMMISSION
Proof of Licensure
21
NCAC
58A
.0101*
31:10 NCR
Broker Name and Address
21
NCAC
58A
.0103*
31:10 NCR
Delivery of Instruments
21
NCAC
58A
.0106*
31:10 NCR
License Application and Fee
21
NCAC
58A
.0302
31:10 NCR
Waiver of 75-hour Prelicensing Education Requirement
21
NCAC
58A
.0304*
31:10 NCR
Firm Licensing
21
NCAC
58A
.0502*
31:10 NCR
License Renewal
21
NCAC
58A
.0503
31:10 NCR
Reinstatement of a License
21
NCAC
58A
.0505*
31:10 NCR
Duplicate License Fee
21
NCAC
58A
.0509
31:10 NCR
Licensing of Persons Licensed in Another Jurisdiction
21
NCAC
58A
.0511*
31:10 NCR
Death or Incapacity of Sole Proprietor
21
NCAC
58A
.0512*
31:10 NCR
Continuing Education Requirement
21
NCAC
58A
.1702*
31:10 NCR
Continuing Education for License Activation
21
NCAC
58A
.1703*
31:10 NCR
Attendance and Participation Requirements
21
NCAC
58A
.1705*
31:10 NCR
Equivalent Credit
21
NCAC
58A
.1708*
31:10 NCR
Extensions of Time to Complete Continuing Education
21
NCAC
58A
.1709*
31:10 NCR
Denial or Withdrawal of Continuing Education Credit
21
NCAC
58A
.1710*
31:10 NCR
Continuing Education Required of Nonresident Brokers
21
NCAC
58A
.1711*
31:10 NCR
Denial or Withdrawal of Postlicensing Education Credit
21
NCAC
58A
.1904*
31:10 NCR
Waiver of 90-Hour Postlicensing Education Requirement
21
NCAC
58A
.1905*
31:10 NCR
Applicability Requirement for Approval
21
NCAC
58C
.0101
31:10 NCR
Application for Approval
21
NCAC
58C
.0102
31:10 NCR
Criteria for Approval
21
NCAC
58C
.0103
31:10 NCR
Scope Duration and Renewal of Approval
21
NCAC
58C
.0104
31:10 NCR
Withdrawal or Denial of Approval
21
NCAC
58C
.0105
31:10 NCR
Use of Examination Performance Data
21
NCAC
58C
.0107
31:10 NCR
Student Evaluations of Instructor Performance
21
NCAC
58C
.0108
31:10 NCR
Applicability
21
NCAC
58C
.0201
31:10 NCR
Original Application Fee
21
NCAC
58C
.0202
31:10 NCR
School Name
21
NCAC
58C
.0203
31:10 NCR
Courses
21
NCAC
58C
.0204
31:10 NCR
Additional Course Offerings
21
NCAC
58C
.0205
31:10 NCR
Administration
21
NCAC
58C
.0206
31:10 NCR
Facilities and Equipment
21
NCAC
58C
.0207
31:10 NCR
Bulletins
21
NCAC
58C
.0208
31:10 NCR
Enrollment Procedure and Contracts
21
NCAC
58C
.0209
31:10 NCR
Admissions Policy and Practice
21
NCAC
58C
.0210
31:10 NCR
Records
21
NCAC
58C
.0211
31:10 NCR APPROVED RULES
31:21 NORTH CAROLINA REGISTER MAY 1, 2017
2082
Enforcement of Institutional Standards
21
NCAC
58C
.0212
31:10 NCR
Performance Board
21
NCAC
58C
.0213
31:10 NCR
Advertising and Recruitment Standards
21
NCAC
58C
.0214
31:10 NCR
Changes During the Licensing Period
21
NCAC
58C
.0216
31:10 NCR
License Renewal and Fees
21
NCAC
58C
.0217
31:10 NCR
Licensing Exam Confidentiality: School Perform/Licensing
21
NCAC
58C
.0218
31:10 NCR
Violations of the Americans with Disabilities Act
21
NCAC
58C
.0219
31:10 NCR
Student Evaluations of Instructor Performance
21
NCAC
58C
.0220
31:10 NCR
Transfer of School Ownership
21
NCAC
58C
.0221
31:10 NCR
Purpose and Applicability
21
NCAC
58C
.0301
31:10 NCR
Program Structuring and Admission Requirements
21
NCAC
58C
.0302
31:10 NCR
Course Content
21
NCAC
58C
.0303
31:10 NCR
Course Completion Standards
21
NCAC
58C
.0304
31:10 NCR
Course Scheduling
21
NCAC
58C
.0305
31:10 NCR
Textbooks
21
NCAC
58C
.0306
31:10 NCR
Instructors
21
NCAC
58C
.0307
31:10 NCR
Course Completion Reporting
21
NCAC
58C
.0309
31:10 NCR
Course Records
21
NCAC
58C
.0310
31:10 NCR
Instructional Delivery Methods
21
NCAC
58C
.0311
31:10 NCR
Exception for Persons with Disabilities
21
NCAC
58C
.0312
31:10 NCR
Notice of Scheduled Courses
21
NCAC
58C
.0313
31:10 NCR
Purpose and Applicability
21
NCAC
58C
.0601
31:10 NCR
Nature and Scope of Instructor Approval
21
NCAC
58C
.0602
31:10 NCR
Application and Criteria for Original Approval
21
NCAC
58C
.0603
31:10 NCR
Instructor Performance
21
NCAC
58C
.0604
31:10 NCR
Request for Examinations and Video Recordings
21
NCAC
58C
.0605
31:10 NCR
Postlicensing Course Reports
21
NCAC
58C
.0606
31:10 NCR
Expiration Renewal and Reinstatement of Approval
21
NCAC
58C
.0607
31:10 NCR
Denial or Withdrawal of Approval
21
NCAC
58C
.0608
31:10 NCR
Purpose and Applicability
21
NCAC
58E
.0101
31:10 NCR
Update Course Component
21
NCAC
58E
.0102
31:10 NCR
Application for Original Approval
21
NCAC
58E
.0103
31:10 NCR
Criteria for Approval of Update Course Sponsor
21
NCAC
58E
.0104
31:10 NCR
Student Fee for Update Courses
21
NCAC
58E
.0105
31:10 NCR
Purpose and Applicability
21
NCAC
58E
.0201
31:10 NCR
Nature and Scope of Approval
21
NCAC
58E
.0202
31:10 NCR
Application and Criteria for Original Approval
21
NCAC
58E
.0203
31:10 NCR
Active and Inactive Status: Renewal of Approval
21
NCAC
58E
.0204
31:10 NCR
Denial or Withdrawal of Approval
21
NCAC
58E
.0205
31:10 NCR
Request for a Video Recording
21
NCAC
58E
.0206
31:10 NCR
Purpose and Applicability
21
NCAC
58E
.0301
31:10 NCR
Elective Course Component
21
NCAC
58E
.0302
31:10 NCR
Application for Original Approval
21
NCAC
58E
.0303
31:10 NCR
Criteria for Elective Course Approval
21
NCAC
58E
.0304
31:10 NCR
Elective Course Subject Matter
21
NCAC
58E
.0305
31:10 NCR
Elective Course Instructors
21
NCAC
58E
.0306
31:10 NCR
Elective Course Credit Hours
21
NCAC
58E
.0307
31:10 NCR APPROVED RULES
31:21 NORTH CAROLINA REGISTER MAY 1, 2017
2083
Request for a Video Recording
21
NCAC
58E
.0308
31:10 NCR
Student Fees for Elective Courses
21
NCAC
58E
.0309
31:10 NCR
Distance Education Courses
21
NCAC
58E
.0310
31:10 NCR
Purpose and Applicability
21
NCAC
58E
.0401
31:10 NCR
Sponsor Eligibility
21
NCAC
58E
.0402
31:10 NCR
Sponsor Name
21
NCAC
58E
.0403
31:10 NCR
Advance Approval Required
21
NCAC
58E
.0404
31:10 NCR
Continuing Education Coordinator
21
NCAC
58E
.0405
31:10 NCR
Course Completion Reporting
21
NCAC
58E
.0406
31:10 NCR
Change in Sponsor Ownership
21
NCAC
58E
.0408
31:10 NCR
Changes During Approval Period
21
NCAC
58E
.0409
31:10 NCR
Course Records
21
NCAC
58E
.0410
31:10 NCR
Renewal of Course and Sponsor Approval
21
NCAC
58E
.0411
31:10 NCR
Denial or Withdrawal of Approval
21
NCAC
58E
.0412
31:10 NCR
Purpose and Applicability
21
NCAC
58E
.0501
31:10 NCR
Scheduling
21
NCAC
58E
.0502
31:10 NCR
Minimum Class Size
21
NCAC
58E
.0503
31:10 NCR
Notice of Scheduled Courses
21
NCAC
58E
.0504
31:10 NCR
Advertising, Providing Course Information
21
NCAC
58E
.0505
31:10 NCR
Classes Open to All Licensees
21
NCAC
58E
.0506
31:10 NCR
Classroom Facilities
21
NCAC
58E
.0507
31:10 NCR
Student Check-In
21
NCAC
58E
.0508
31:10 NCR
Instructor Conduct and Performance
21
NCAC
58E
.0509
31:10 NCR
Monitoring Attendance
21
NCAC
58E
.0510
31:10 NCR
Student Participation Standards
21
NCAC
58E
.0511
31:10 NCR
Solicitation of Students
21
NCAC
58E
.0512
31:10 NCR
Cancellation and Refund Policies
21
NCAC
58E
.0513
31:10 NCR
Course Inspections by Commission Representative
21
NCAC
58E
.0514
31:10 NCR
Accommodations for Persons with Disabilities
21
NCAC
58E
.0515
31:10 NCR
Location
21
NCAC
58G
.0102
31:10 NCR
Definitions
21
NCAC
58G
.0103*
31:10 NCR
Definitions
21
NCAC
58H
.0101*
31:10 NCR
Applicability
21
NCAC
58H
.0201*
31:10 NCR
Application for Original Approval of a Public Real Estate...
21
NCAC
58H
.0202*
31:10 NCR
Application for Original Licensure of a Private Real Esta...
21
NCAC
58H
.0203*
31:10 NCR
School Director
21
NCAC
58H
.0204*
31:10 NCR
Private Real Estate School Bulletin
21
NCAC
58H
.0205*
31:10 NCR
Approval of Textbooks
21
NCAC
58H
.0206*
31:10 NCR
School Advertising and Recruitment Activities
21
NCAC
58H
.0207
31:10 NCR
Prelicensing and Postlicensing Course Scheduling and Noti...
21
NCAC
58H
.0208
31:10 NCR
Prelicensing and Postlicensing Course Enrollment
21
NCAC
58H
.0209
31:10 NCR
Prelicensing and Postlicensing Course Completion Standards
21
NCAC
58H
.0210*
31:10 NCR
Prelicensing and Postlicensing Roster Reporting
21
NCAC
58H
.0211*
31:10 NCR
School Records
21
NCAC
58H
.0212
31:10 NCR
Evaluations of Instructor Performance
21
NCAC
58H
.0213*
31:10 NCR
Expiration and Renewal of a School Approval or License
21
NCAC
58H
.0214*
31:10 NCR
Denial, Withdrawal, or Termination of School Approval or ...
21
NCAC
58H
.0215*
31:10 NCR APPROVED RULES
31:21 NORTH CAROLINA REGISTER MAY 1, 2017
2084
Prelicensing, Postlicensing, and Update Course Instructor...
21
NCAC
58H
.0301*
31:10 NCR
Application and Criteria for Original Prelicensing, Postl...
21
NCAC
58H
.0302*
31:10 NCR
Denial or Withdrawal of Instructor Approval
21
NCAC
58H
.0303*
31:10 NCR
Instructor Conduct and Performance
21
NCAC
58H
.0304
31:10 NCR
Digital Video Recordings
21
NCAC
58H
.0305
31:10 NCR
Renewal and Expiration of Instructor Approval
21
NCAC
58H
.0306*
31:10 NCR
Applicability
21
NCAC
58H
.0401*
31:10 NCR
Application for Original Approval of Continuing Education...
21
NCAC
58H
.0402*
31:10 NCR
Continuing Education Coordinator
21
NCAC
58H
.0403*
31:10 NCR
Renewal of Sponsor Approval
21
NCAC
58H
.0404
31:10 NCR
Denial or Withdrawal of Sponsor Approval
21
NCAC
58H
.0405*
31:10 NCR
Approval and Renewal of Elective Course
21
NCAC
58H
.0406
31:10 NCR
Continuing Education Elective Course Requirements
21
NCAC
58H
.0407
31:10 NCR
Commission Created Update Courses
21
NCAC
58H
.0408*
31:10 NCR
Records and Commission Review
21
NCAC
58H
.0409
31:10 NCR
Continuing Education Course Scheduling and Notification
21
NCAC
58H
.0410*
31:10 NCR
Continuing Education Course Attendance
21
NCAC
58H
.0411
31:10 NCR
Continuing Education Roster Reports and Certificates
21
NCAC
58H
.0412
31:10 NCR
Continuing Education Course Cost, Cancellation, and Refunds
21
NCAC
58H
.0413
31:10 NCR
Advertising
21
NCAC
58H
.0414
31:10 NCR
STATE HUMAN RESOURCES COMMISSION
Permanent and Time-Limited Appointment
25
NCAC
01C
.0402*
31:05 NCR
Reduction in Force
25
NCAC
01C
.1004*
31:05 NCR
Compensation Plan Philosophy and Plan
25
NCAC
01D
.0101*
31:05 NCR
Salary Structures
25
NCAC
01D
.0102*
31:05 NCR
Pay Status
25
NCAC
01D
.0105*
31:05 NCR
Total State Service Defined
25
NCAC
01D
.0112*
31:05 NCR
Break in Service
25
NCAC
01D
.0114*
31:05 NCR
Initial Employment
25
NCAC
01D
.0201*
31:05 NCR
Promotion
25
NCAC
01D
.0301*
31:05 NCR
Demotion and Reassignment
25
NCAC
01D
.0401*
31:05 NCR
Reallocation
25
NCAC
01D
.0608*
31:05 NCR
Lateral Transfer
25
NCAC
01D
.0901*
31:05 NCR
Reinstatement
25
NCAC
01D
.1001*
31:05 NCR
Severance Salary Continuation Policy
25
NCAC
01D
.2701
31:05 NCR
Severance Salary Continuation Eligibility
25
NCAC
01D
.2702*
31:05 NCR
Performance Management Covered Employees
25
NCAC
01O
.0108*
31:05 NCR
ADMINISTRATIVE HEARINGS, OFFICE OF
Rights and Responsibilities of Parties
26
NCAC
03
.0120*
31:12 NCR
General
26
NCAC
03
.0502*
31:12 NCR
The following Rules are subject to the next Legislative Session. (see G.S. 150B-21.3(b1))
MEDICAL CARE COMMISSION
EMS Provider License Requirements
10A
NCAC
13P
.0204*
31:06 NCR APPROVED RULES
31:21 NORTH CAROLINA REGISTER MAY 1, 2017
2085
WILDLIFE RESOURCES COMMISSION
Striped Bass
15A
NCAC
10C
.0314
31:11 NCR
TITLE 02 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
02 NCAC 09G .0103 VITAMIN ASSAY OF MILK PRODUCTS
Assays of vitamin content shall be made as required by the PMO. All assay costs shall be paid by the milk product processor.
History Note: Authority G.S. 106-267;
Eff. February 1, 1976;
Amended Eff. May 1, 1983; March 12, 1981;
Readopted Eff. April 1, 2017.
02 NCAC 09G .2009 APPEALS PROCEDURE
Contested cases concerning the interpretation and enforcement of the rules in this Section shall be governed by Article 3 of G.S. 150B.
History Note: Authority G.S. 106-266.31;
Eff. February 1, 1987;
Transferred from 15A NCAC 18A .1209 Eff. May 1, 2012;
Readopted Eff. April 1, 2017.
TITLE 04 - DEPARTMENT OF COMMERCE
04 NCAC 24A .0105 DEFINITIONS
(a) In addition to the terms defined in G.S. 96, the following definitions apply whenever these terms are used in this Chapter:
(1) "Additional claim" means the reopening of a valid initial claim for unemployment insurance benefits after a claimant, as defined in Item (16) of this Rule, ceased filing a weekly certification as defined in G.S. 96-14.9, for one or more weeks due to intervening employment. The first week of eligibility filed after a claim has been reopened shall constitute a waiting period week if all eligibility requirements set forth in G.S. 96-14.9 are met.
(2) "Agent state" means any state from which, or through which a claimant files a claim for benefits from another state.
(3) "Adjudicator" means an employee of DES appointed to conduct an informal investigation and render a determination as required by G.S. 96-15(b).
(4) "Appeal" means a submission by a party with statutory appeal rights requesting the Appeals Section of DES or the Board of Review to review a determination or decision that is adverse to that party.
(5) "Appeals Referee" or "Hearing Officer" means an attorney appointed to hear or decide an
appeal from a determination by an adjudicator and issues involving the rights, status, and liabilities of an employer pursuant to the provisions of G.S. 96-4(q) or 96-15(c).
(6) "Appeals Section" means the section within DES where Appeals Referees conduct quasi-judicial administrative evidentiary hearings and make decisions in contested cases for unemployment insurance benefits. The Appeals Section also consists of support staff that assists Appeals Referees.
(7) "Application for a position" means supplying the information required by an employer to place an individual in a particular position or opening. Such information may include proof of the qualifications or license required by the position or opening, employment history, and personal information, such as full name, Social Security Number or other identification number, telephone number, and current address. An application for a position may be accomplished in whatever manner acceptable to an employer, including the completion of a designated form, the provision of a written resume, or verbally.
(8) "Authorized Representative" means an individual authorized by an employer or employing unit to act on the employer or employing unit's behalf before DES.
(9) "Base period" means as defined in G.S. 96-1(b)(3). Calendar quarters are January through March, April through June, July through September, and October through December.
(10) "Benefit week" means a period of seven consecutive calendar days, ending at 11:59 pm on Saturday.
(11) "Benefit wage credits" means wages used to determine a claimant's monetary eligibility for benefits. Benefit wage credits consist of the wages a claimant received or should have received during the claimant's base period of employment and to include those wages that were awarded and paid to the claimant after the base period pursuant to a court order; a National Labor Relations Board determination; another adjudicative agency; or by private agreement, consent, or arbitration for loss of pay because of discharge. DES shall credit the awarded wages to the quarter in which the wages should have been paid.
(12) "Board of Review" means as defined in G.S. 96-15.3 and is the body that conducts "higher authority review" of appeals arising from the APPROVED RULES
31:21 NORTH CAROLINA REGISTER MAY 1, 2017
2086
decisions of the Division, tax liability hearings, and labor disputes. The Board of Review is also referred to as the "Board" or "BOR."
(13) "Calendar Period" means the 52 week period beginning with the first day of a week in which an individual first files a valid claim for benefits and registers for work. The week begins on the first Sunday preceding the initial claim filed and ends the following year at 11:59 p.m. on Saturday.
(14) "Charging cycle" means each calendar quarter following the prior reporting cycle, during which the employer's account is assessed and charged for erroneous unemployment insurance benefit payments resulting from untimely or inadequate responses, as defined in 04 NCAC 24D .0301, from the employer to particular Requests for Separation Information during that charging cycle if the employer met or exceeded the adequacy threshold in the prior reporting cycle.
(15) "Chief Appeals Referee" includes the Chief Appeals Referee's designee, unless otherwise stated.
(16) "Claimant" means an individual who files an unemployment insurance benefits claim for payments as provided in G.S. 96-14.1.
(17) "Clear and convincing evidence" means evidence indicating that the thing to be proved is highly probable or reasonably certain.
(18) "Customarily," as the term is used in G.S. 96-16, means during at least 75 percent of the calendar years of an observation interval.
(19) "Day" means a calendar day.
(20) "Delivery service" means an authorized designated carrier pursuant to Rule 4(j) of the North Carolina Rules of Civil Procedure and 26 U.S.C. 7502(f)(2).
(21) "DES website" means the internet address found at www.des.nc.gov.
(22) "Due diligence" means the measure of carefulness, precaution, attentiveness, and good judgment as to be expected from, and exercised by a reasonable and prudent person under the particular circumstances.
(23) "Effective date of a claim" means either the benefit year beginning on the Sunday preceding the payroll week ending date if the claimant is payroll attached, or the benefit year beginning on the Sunday of the calendar week within which a claimant filed a valid claim for benefits and registered for work if the claimant is not payroll attached.
(24) "Electronic transmission" means transmission by facsimile or internet.
(25) "Equity and good conscience" means fairness as applied to a given set of circumstances.
(26) "Fault" means an error or defect of judgment or of conduct; any deviation from prudence or
duty resulting from inattention, incapacity, perversity, bad faith, or mismanagement.
(27) "Good cause" means a legally sufficient reason.
(28) "In-person/telephone hearing" means an administrative hearing before the Appeals Section, Board of Review, or other designated Hearing Officer where at least one party or witness appears in-person, and another party or witness appears by telephone.
(29) "Interstate benefit payment plan" means the plan approved by the Interstate Conference of Employment Security Agencies under which benefits may be paid to unemployed claimants absent from the state (or states) where benefit wage credits accumulated. This Rule incorporates the United States Department of Labor's Interstate Benefit Payment Plan, Interstate Agreements, ET Handbook No. 392 app. B (2d ed. 1997) by reference and includes subsequent amendments and editions of the referenced material in accordance with G.S. 150B-21.6. Copies of the incorporated material are located at 700 Wade Avenue, in Raleigh, North Carolina, and may be obtained by request at no cost to the public by contacting DES as specified under 04 NCAC 24A .0201.
(30) "Interstate claimant" means a claimant who claims benefits under the unemployment insurance law of one or more liable states through the facilities of an agent state, or directly with the liable state. The term "interstate claimant" shall not include any claimant who customarily commutes from a residence in an agent state to work in a liable state unless the Division finds that this exclusion would create an undue hardship.
(31) "Labor dispute" means a dispute between an employer and its employees about wages, hours, working conditions, or issues concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or condition of employment, between those who could be concerned in the controversy.
(32) "Last known address" means the most recent address provided to DES by the claimant or taxpayer located in its official record, except that DES shall update addresses maintained in its official records by referring to data accumulated and maintained in the United States Postal Service (USPS) National Change of Address database that retains change of address information (NCOA Database). If the claimant or taxpayer's name and last known address in DES's official records match the claimant or taxpayer's name and previous mailing address contained in the NCOA database, the new address in the NCOA database is the taxpayer's last known address. APPROVED RULES
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This Rule incorporates the United States Postal Service's National Change of Address Database by reference and includes subsequent amendments and editions of the referenced material in accordance with G.S. 150B-21.6. Copies of the incorporated material are located at 700 Wade Avenue, in Raleigh, North Carolina, and may be obtained by request at no cost to the public by contacting DES as specified under 04 NCAC 24A .0201.
(33) "Legal representative" means a licensed attorney or a person supervised by a licensed attorney.
(34) "Liable state" means any state against which a claimant files a claim for benefits through another state.
(35) "Observation interval" means an interval of time including the four consecutive calendar years preceding the calendar year in which an application for a seasonal determination is made pursuant to G.S. 96-16. In the case of a newly liable employer or an employer whose operational activities have changed, the observation interval may be less than four calendar years.
(36) "Party with appeal rights" means a party who has the right to appeal an unfavorable determination or decision pursuant to G.S. 96-4(q) and G.S. 96-15.
(37) "Public employment office" means a local office managed and operated by the Division of Workforce Solutions (DWS) of the North Carolina Department of Commerce.
(38) "Regularly recurring" means a period or periods of operational activity and shall be deemed regularly recurring if, during at least 75 percent of the calendar years in the observation interval, the beginning and ending dates of the period or periods do not vary more than four weeks.
(39) "Reopened claim" means the resumption of a valid initial claim following a break in filing weekly certifications during a benefit year and the break was caused by reasons other than intervening employment. The first week of eligibility following the effective date of the reopened claim shall constitute a waiting period week if all eligibility requirements set forth in G.S. 96-14.9 are met.
(40) "Reporting cycle" means the 52 week period beginning August 1st and ending July 31st the following year in which the employer's account is examined and recorded for any inadequate responses to Requests for Separation Information (NCUI 500AB).
(41) "State" means any of the 50 states in the United States and includes the District of Columbia, Puerto Rico, and the U.S. Virgin Islands.
(42) "Wages paid" means both wages actually received by a worker, and wages
"constructively paid." Wages are constructively paid when they are credited to the account of, or set apart for a worker without any substantial restriction as to the time or manner of payment or condition upon which payment is to be made, and shall be made available so that the worker may draw upon them at any time, and payment brought within the worker's control and disposition, although not then actually reduced to possession.
(43) "Wages payable" means wages earned but not paid.
(44) "Weekly period" means a seven day period beginning at 12:00 a.m. Sunday and ending on the following Saturday at 11:59 p.m.
(45) "Week of unemployment" includes any week of unemployment as defined in the law of the liable state from which benefits for the week are claimed.
History Note: Authority G.S. 84; 96-1; 96-4; 96-9.2; 96-9.6; 96-14.1; 96-14.9; 96-15; 96-17; 96-20;
Eff. July 1, 2015;
Temporary Amendment Eff. March 1, 2016;
Temporary Amendment Expired December 10, 2016;
Amended Eff. April 1, 2017.
04 NCAC 24B .0107 VALID JOB CONTACTS
(a) Each claimant who has registered for work and filed a claim for unemployment insurance benefits shall actively seek work and make the minimum valid job contacts per week as required under G.S. 96-14.9(e).
(b) For job contacts conducted on an employer's or employment website:
(1) a valid job contact is a submitted application for a position as defined in 04 NCAC 24A .0105(7);
(2) each separate and distinct position requiring a separate application, even if with the same employer, shall count as a separate job contact; and
(3) upon request by DES, each claimant shall provide verifiable proof of their job contacts, and such proof may include the claimant's record of the name of the employer, the URL or address of the website, the job title of the position for which the claimant applied, the date of submission, and the confirmation number or email.
(c) For job contacts conducted by electronic mail (e-mail) or facsimile:
(1) a valid job contact is a message sent to a valid e-mail address or facsimile number of an employer, or their designee, for the sole purpose of obtaining employment with that employer; and
(2) upon request by DES, each claimant shall provide verifiable proof of their job contacts, and such proof may include the claimant's APPROVED RULES
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record of the name of the employer, the e-mail address or facsimile number used for the contact, the name and job title of the person contacted, and the date of the contact.
(d) For job contacts conducted by telephone:
(1) a valid job contact is a verbal conversation with an employer, or their designee, for the sole purpose of obtaining employment with that employer.
(2) upon request by DES, each claimant shall provide verifiable proof of their job contacts, and such proof may include the claimant's record of the name of the employer, the telephone number used for the contact, the name and job title of the person contacted, and the date of the contact; and
(3) a message left on an answering service or a voice-mailbox shall not be a valid job contact for purposes of G.S. 96-14.9(e)(3).
(e) For job contacts conducted in person:
(1) a valid job contact is a meeting with an employer, or their designee, for the sole purpose of obtaining employment with that employer;
(2) upon request by DES, each claimant shall provide verifiable proof of their job contacts, and such proof may include the claimant's record of the name of the employer, the location at which the contact occurred, the name and job title of the person with whom the claimant met, and the date of the contact; and
(3) an in-person contact with an employer on a single day shall be considered a single contact for purposes of G.S. 96-14.9(e)(3), unless multiple applications are submitted that day for separate and distinct positions as described in Subparagraphs (b)(1) and (2) of this Rule.
(f) The following shall be considered invalid job contacts:
(1) Duplicative job contacts. A contact is duplicative when a claimant contacts the same employer regarding the same position or opening more than once during the same week with no change in the result of the contact. The following are examples of a change in the result of contact:
(A) a contact to or from an employer that occurs after an initial contact, involves scheduling an interview, and an interview is in fact scheduled; or
(B) a contact to an employer in response to a request for additional information.
(2) Contact with an employer for a job that the claimant would be unable to accept if offered. A "job that a claimant would be unable to accept if offered" means a position for which the claimant lacks the necessary knowledge, ability, or skill required for that job, as stated in the job posting or as required by applicable licensing authority.
(g) Initial registration via NCWorks shall be considered a valid job contact for the week during which the registration was completed.
(h) Union members.
(1) If a claimant customarily obtains employment through a union with a hiring hall, then weekly contact with the same shall satisfy the requirements of G.S. 96-14.9(e). Upon request by DES, each claimant shall provide verifiable proof of their job contacts, and such proof may include their union number, the address where they made contact as required by their union's reporting requirements, the name and job title of the person with whom they spoke, and the dates on which they made contact. Claimants who are members of a union with a hiring hall shall provide information about their union's reporting requirements to DES upon request.
(2) If a claimant is a member of a non-hiring hall union, then contact with the same shall be considered a single valid job contact for the week in which it occurred. Upon request by DES, each claimant shall provide verifiable proof of their job contacts, and such proof may include the claimant's record of the name of the union agent or applicable union, the address of the union or where contact was made, the name of the person with whom the claimant spoke, and the date of the contact.
(i) Longshoremen registered with their union satisfy the requirements of G.S. 96-14.9(e) by submitting on a weekly basis their union number, the address where they made contact as required by their union's reporting requirements, the name and job title of the person with whom they spoke, and the dates on which they made contact. Longshoreman shall provide information about their union's reporting requirements to DES upon request.
(j) An application to a blind job advertisement shall be considered a valid job contact for each separate and distinct position sought or employer contacted. In addition to the requirements set forth above in this Section, the claimant shall also retain, and provide to DES upon request, a copy of the blind advertisement. A copy of the blind advertisement shall be accepted by DES in lieu of the employer name, the name of the person contacted, and the job title of the person contacted if these are unavailable.
History Note: Authority G.S. 96-4; 96-14.9;
Temporary Adoption Eff. March 1, 2016;
Temporary Adoption Expired December 10, 2016;
Eff. April 1, 2017.
04 NCAC 24C .0506 CONTENT OF HIGHER AUTHORITY DECISION
The Board of Review shall issue a written Higher Authority Decision that includes the following:
(1) the names of the members of the Board of Review who participated in the review;
(2) findings of fact, conclusions of law, and the decision of the Board of Review; APPROVED RULES
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(3) instructions for filing an appeal of the Higher Authority Decision to the superior court and the date the Higher Authority Decision was mailed; and
(4) notice that claims filed on or after June 30, 2013 shall be subject to repayment of overpayment of benefits resulting from any decision that is later reversed on appeal.
History Note: Authority G.S. 96-4; 96-11.4; 96-15;
Eff. July 1, 2015;
Temporary Amendment Eff. March 1, 2016;
Temporary Amendment Expired December 10, 2016;
Amended Eff. April 1, 2017.
04 NCAC 24C .0601 POST-DECISION RELIEF
History Note: Authority G.S. 96-4; 96-11.4; 96-15;
Eff. July 1, 2015;
Temporary Repeal Eff. March 1, 2016;
Temporary Repeal Expired December 10, 2016;
Repealed Eff. April 1, 2017.
TITLE 10A - DEPARTMENT OF HEALTH AND HUMAN SERVICES
10A NCAC 13E .0101 DEFINITIONS
The following definitions apply throughout this Subchapter:
(1) "Accident" means an unexpected, unintentional, or irregular event that results in injury or illness to a participant or suspected injury or illness to a participant.
(2) "Overnight respite services" is defined in G.S. 131D-6.1 and shall not exceed 14 consecutive days or more than 60 total calendar days per individual participant in a 365-day period.
(3) "Participant" means the recipient of the overnight respite services.
(4) "Personal care" means tasks such as assistance with bathing, dressing, grooming, toileting, eating, ambulation, and transferring.
(5) "Program" means a facility certified by the Department of Health and Human Services, Division of Aging and Adult Services, to provide adult day care services pursuant to G.S. 131D-6 and 10A NCAC 06R, adult day health services pursuant to 10A NCAC 06S, or both.
(6) "Responsible party" means the caretaker with primary day-to-day responsibility for a participant.
(7) "Supervision" means to oversee, manage, and direct for the determination and provision of assistance to a participant.
History Note: Authority G.S. 131D-6.1;
Eff. April 1, 2017.
10A NCAC 13E .0201 APPLYING FOR A LICENSE TO PROVIDE OVERNIGHT RESPITE SERVICES
(a) Except as otherwise provided in Rule .0202 of this Section, the Division of Health Service Regulation (DHSR) shall issue an overnight respite services license to any program that meets the following requirements:
(1) submission of an initial license application, available at https://www.ncdhhs.gov/dhsr/acls/acforms.html at no cost that includes the following:
(A) applicant information;
(B) ownership information; and
(C) the program's capacity and scope of services;
(2) payment of the non-refundable license fee required by G.S. 131D-6.1; and
(3) compliance with the provisions of G.S. 131D-6.1 and the rules of this Subchapter.
(b) An application for a license to provide overnight respite services shall not be reviewed or approved unless the applicant is certified by the Division of Aging and Adult Services as a program as defined in Rule .0101 of this Subchapter.
(c) Following review of the initial license application, program policies in accordance with Rule .0501 of this Subchapter, and the Construction Section's recommendation for use, a pre-approval visit shall be made by the DHSR Adult Care Licensure Section or its consultant. The Adult Care Licensure Section shall notify, in writing, the Division of Aging and Adult Services and the applicant of the decision to approve or deny a license to provide overnight respite services as a part of the adult day care program.
History Note: Authority G.S. 131D-6.1;
Eff. April 1, 2017.
10A NCAC 13E .0202 PERSONS NOT ELIGIBLE FOR OVERNIGHT RESPITE SERVICES LICENSES
A license for an overnight re