North Carolina register, July 1998 - present

              This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 21 ● ISSUE 13 ● Pages 1123 - 1245
JANUARY 2, 2007
I. EXECUTIVE ORDERS
Executive Order No. 110.....................................................................................1123
Executive Order No. 111.....................................................................................1124
Executive Order No. 112.....................................................................................1125
Executive Order No. 113.....................................................................................1126
II. IN ADDITION
Narrow Therapeutic Index Drugs........................................................................1127
Brownfields Property – Midtown Redevelopment Partners................................1128
Brownfields Property - South End Silos, LLC....................................................1129
III. PROPOSED RULES
Environment and Natural Resources, Department of
Wildlife Resources Commission .....................................................................1130 - 1141
Occupational Licensing Boards and Commissions
Landscape Architects, Board of.......................................................................1142 – 1144
Medical Board .................................................................................................1145 – 1147
Occupational Therapy, Board of......................................................................1147 – 1160
IV. APPROVED RULES ........................................................................................1161 – 1227
Commerce, Department of
Credit Union Division
Environment and Natural Resources, Department of
Coastal Resources Commission
Marine Fisheries Commission
Soil & Water Conservation Commission
Water Pollution Control System Operator Certification Commission
Health and Human Services, Department of
Childcare Commission
Social Services Commission
Justice, Department of
Alarm Systems Licensing Board
Labor, Department of
Department
Occupational Licensing Boards and Commissions
Physical Therapy Examiners
Medical Board
Nursing, Board of
Recreational Therapy Licensure, Board of
V. RULES REVIEW COMMISSION..................................................................1228 - 1240
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions.......................................................................................1241 – 1245
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the
agencies below. The bolded headings are typical issues which the given agency can address, but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
Capehart-Crocker House (919) 733-2678
424 North Blount Street (919) 733-3462 FAX
Raleigh, North Carolina 27601-2817
contact: Molly Masich, Director APA Services molly.masich@ncmail.net (919) 733-3367
Dana Sholes, Publications Coordinator dana.sholes@ncmail.net (919) 733-2679
Julie Edwards, Editorial Assistant julie.edwards@ncmail.net (919) 733-2696
Felicia Williams, Editorial Assistant felicia.williams@ncmail.net (919) 733-3361
Rule Review and Legal Issues
Rules Review Commission
1307 Glenwood Ave., Suite 159 (919) 733-2721
Raleigh, North Carolina 27605 (919) 733-9415 FAX
contact: Joe DeLuca Jr., Staff Director Counsel joe.deluca@ncmail.net
Bobby Bryan, Staff Attorney bobby.bryan@ncmail.net
Lisa Johnson, Administrative Assistant lisa.johnson@ncmail.net
Fiscal Notes & Economic Analysis
Office of State Budget and Management
116 West Jones Street (919) 733-7061
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
contact: Nathan Knuffman nathan.knuffman@ncmail.net
Governor’s Review
Reuben Young reuben.young@ncmail.net
Legal Counsel to the Governor (919) 733-5811
116 West Jones Street(919) 733-5811
Raleigh, North Carolina 27603
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney karenc@ncleg.net
Jeff Hudson, Staff Attorney jeffreyh@ncleg.net
County and Municipality Government Questions or Notification
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn or Rebecca Troutman jim.blackburn@ncacc.org
Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Anita Watkins awatkins@nclm.org
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2007 – December 2007
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
(first legislative
day of the next
regular session)
270th day from publication
in the Register
21:13 01/02/07 12/07/06 01/17/07 03/05/07 03/20/07 05/01/07 05/08 09/29/07
21:14 01/16/07 12/20/06 01/31/07 03/19/07 03/20/07 05/01/07 05/08 10/13/07
21:15 02/01/07 01/10/07 02/16/07 04/02/07 04/20/07 06/01/07 05/08 10/29/07
21:16 02/15/07 01/25/07 03/02/07 04/16/07 04/20/07 06/01/07 05/08 11/12/07
21:17 03/01/07 02/08/07 03/16/07 04/30/07 05/21/07 07/01/07 05/08 11/26/07
21:18 03/15/07 02/22/07 03/30/07 05/14/07 05/21/07 07/01/07 05/08 12/10/07
21:19 04/02/07 03/12/07 04/17/07 06/01/07 06/20/07 08/01/07 05/08 12/28/07
21:20 04/16/07 03/23/07 05/01/07 06/15/07 06/20/07 08/01/07 05/08 01/11/08
21:21 05/01/07 04/10/07 05/16/07 07/02/07 07/20/07 09/01/07 05/08 01/26/08
21:22 05/15/07 04/24/07 05/30/07 07/16/07 07/20/07 09/01/07 05/08 02/09/08
21:23 06/01/07 05/10/07 06/16/07 07/31/07 08/20/07 10/01/07 05/08 02/26/08
21:24 06/15/07 05/24/07 06/30/07 08/14/07 08/20/07 10/01/07 05/08 03/11/08
22:01 0702/07 06/11/07 07/17/07 08/31/07 09/20/07 11/01/07 05/08 03/28/08
22:02 07/16/07 06/22/07 07/31/07 09/14/07 09/20/07 11/01/07 05/08 04/11/08
22:03 08/01/07 07/11/07 08/16/07 10/01/07 10/22/07 12/01/07 05/08 04/27/08
22:04 08/15/07 07/25/07 08/30/07 10/15/07 10/22/07 12/01/07 05/08 05/11/08
22:05 09/04/07 08/13/07 09/19/07 11/05/07 11/20/07 01/01/08 05/08 05/31/08
22:06 09/17/07 08/24/07 10/02/07 11/16/07 11/20/07 01/01/08 05/08 06/13/08
22:07 10/01/07 09/10/07 10/16/07 11/30/07 12/20/07 02/01/08 05/08 06/27/08
22:08 10/15/07 09/24/07 10/30/07 12/14/07 12/20/07 02/01/08 05/08 07/11/08
22:09 11/01/07 10/11/07 11/16/07 12/31/07 01/21/08 03/01/08 05/08 07/28/08
22:10 11/15/07 10/25/07 11/30/07 01/14/08 01/21/08 03/01/08 05/08 08/11/08
22:11 12/03/07 11/08/07 12/18/07 02/01/08 02/20/08 04/01/08 05/08 08/29/08
22:12 12/17/07 11/26/07 01/01/08 02/15/08 02/20/08 04/01/08 05/08 09/12/08
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
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) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) 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;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
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 of rules.
EXECUTIVE ORDERS
21:13 NORTH CAROLINA REGISTER JANUARY 2, 2007
1123
EXECUTIVE ORDER NO. 110
Extending Executive Order No. 109
Proclamation of State of Disaster
for Jones County and Duplin County
WHEREAS, on October 10, 2006, Executive Order No. 109, which proclaimed a State of Disaster and State of Emergency
in Jones and Duplin counties as a result of the damage done by Tropical Storm Ernesto on August 31, 2006, through September 3,
2006, was issued and is hereby extended until December 9, 2006.
This executive order is effective immediately.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the
Capitol in the City of Raleigh, this ninth day of November in the year of our Lord two thousand and six, and of the Independence of
the United States of America the two hundred and thirtieth.
__________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
21:13 NORTH CAROLINA REGISTER JANUARY 2, 2007
1124
EXECUTIVE ORDER NO. 111
PROCLAMATION OF A STATE OF DISASTER
FOR COLUMBUS COUNTY
WHEREAS, I have determined that a State of Disaster, as defined in N.C.G.S. §§166A-6, exists in the State of North
Carolina, specifically Columbus County, as a result of severe weather on November 16, 2006;
WHEREAS, on November 16, 2006, Columbus County proclaimed a local State of Emergency;
WHEREAS, pursuant to N.C.G.S. §166A-6, the criteria of a Type I disaster are met including the following: (1) receipt of
the preliminary damage assessment from the Secretary of Crime Control and Public Safety; (2) Columbus County declared a local
state of emergency pursuant to N.C.G.S §§166A-8, 14-288.13, and 14-288.14, and forwarded a written copy of the declaration to the
Governor; (3) the preliminary damage assessment meets or exceeds the criteria established for the Small Business Disaster Loan
Program pursuant to 13 C.F.R. Part 123; and (4) a major disaster declaration by the President of the United States pursuant to the
Stafford Act has not been declared.
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of
North Carolina, IT IS ORDERED:
Section 1. Pursuant to N.C.G.S. §§166A-6 and 14-288.15, a State of Disaster is hereby declared for Columbus County.
Section 2. State and local government entities and agencies are hereby ordered to cooperate in the implementation of the
provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.
Section 3. Bryan E. Beatty, Secretary of Crime Control and Public Safety, and/or his designee, is hereby delegated all power
and authority granted to me and required of me by Chapter 166A, and Article 36A of Chapter 14 of the General Statutes for the
purpose of implementing the said Emergency Operations Plan and to take such further action as is necessary to promote and secure the
safety and protection of the populace in North Carolina.
Section 4. Further, Bryan E. Beatty, Secretary of Crime Control and Public Safety, as chief coordinating officer for the State
of North Carolina, shall exercise the powers prescribed in N.C.G.S. §143B-476.
Section 5. I authorize this proclamation: (a) to be distributed to the news media and other organizations calculated to bring
its contents to the attention of the general public; (b) unless the circumstances of the state of disaster prevent or impede, to be
promptly filed with the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the
counties to which it applies; and (c) to be distributed to others as necessary to assure proper implementation of this proclamation.
Section 6. This Type I Disaster Declaration shall expire 30 days after issuance of the state of disaster and Type I disaster
proclamation for Columbus County issued on November 17, 2006, unless renewed by the Governor or the General Assembly. Such
renewals may be made in increments of 30 days each, not to exceed a total of 120 days from the date of first issuance. The Joint
Legislative Commission on Governmental Operations shall be notified prior to the issuance of any renewal of a Type I disaster
declaration.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the
Capitol in the City of Raleigh, this seventeenth day of November in the year of our Lord two thousand and six, and of the
Independence of the United States of America the two hundred and thirtieth.
__________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
21:13 NORTH CAROLINA REGISTER JANUARY 2, 2007
1125
EXECUTIVE ORDER NO. 112
Notice of Termination
of Executive Order No. 107
by the Governor of the State of North Carolina
WHEREAS, Executive Order No. 107, Proclamation of a State of Emergency, was signed on August 31, 2006, declaring a
State of Emergency due to the approach and proximity of Tropical Storm Ernesto beginning on August 31, 2006; and,
WHEREAS, the Proclamation contained the provision that it would be effective until terminated in writing.
NOW, THEREFORE, by the power vested in me as Governor by the Constitution and laws of North Carolina, IT IS
ORDERED:
That the Executive Order declaring a State of Emergency signed on August 31, 2006, is hereby terminated, effective as of
5:00 p.m. on the date signed below, due to the ending of that emergency.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the
Capitol in the City of Raleigh, this twenty-first day of November in the year of our Lord two thousand and six, and of the
Independence of the United States of America the two hundred and thirtieth.
_______________________________________
Michael F. Easley
Governor
ATTEST:
_______________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
21:13 NORTH CAROLINA REGISTER JANUARY 2, 2007
1126
EXECUTIVE ORDER NO. 113
PROCLAMATION OF A STATE OF EMERGENCY
FOR DARE COUNTY
WHEREAS, I have determined that a state of emergency, as defined in G.S. §§166A-4 and 14-288.1(10), exists in the State
of North Carolina, specifically Dare County, where the primary transportation route, Highway 12, has been severely compromised as a
result of severe weather on November 22, 2006.
WHEREAS, on November 22, 2006, Dare County proclaimed a local State of Emergency;
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of
North Carolina, IT IS ORDERED:
Section 1. Pursuant to G.S. §§166A-5 and 14-288.15, I, therefore, proclaim the existence of a state of emergency in the
State.
Section 2. I hereby order all state and local government entities and agencies to cooperate in the implementation of the
provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.
Section 3. I hereby delegate to Bryan E. Beatty, Secretary of Crime Control and Public Safety, and/or his designee, all power
and authority granted to me and required of me by Chapter 166A, and Article 36A of Chapter 14 of the General Statutes for the
purpose of implementing the said Emergency Operations Plan and to take such further action as is necessary to promote and secure the
safety and protection of the populace in North Carolina.
Section 4. Further, Bryan E. Beatty, Secretary of Crime Control and Public Safety, as chief coordinating officer for the State
of North Carolina, shall exercise the powers prescribed in G.S. §143B-476.
Section 5. I hereby order this proclamation: (a) to be distributed to the news media and other organizations calculated to
bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to be
promptly filed
with the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the counties to
which it applies; and (c) to be distributed to others as necessary to assure proper implementation of this proclamation.
Section 6. This proclamation shall become effective immediately, and shall expire 30 days after issuance unless renewed
by the Governor or the General Assembly. Such renewals may be made in increments of 30 days each, not to exceed a total of
120 days from the date of first issuance. The Joint Legislative Commission on Governmental Operations shall be notified prior to
the issuance of any renewal.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina
at the Capitol in the City of Raleigh, this twenty-ninth day of November in the year of our Lord two thousand and six, and of the
Independence of the United States of America the two hundred and thirtieth.
__________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
IN ADDITION
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1127
Note from the Codifier: This Section contains public notices that are required to be published in the Register or have been
approved by the Codifier of Rules for publication.
NARROW THERAPEUTIC INDEX DRUGS DESIGNATED BY THE NORTH
CAROLINA SECRETARY OF HUMAN RESOURCES
Pursuant to N.C.G.S. 90-85.27(4a), this is a revised publication from the North
Carolina Board of Pharmacy of narrow therapeutic index drugs designated by the North Carolina Secretary of Human Resources
upon the advice of the State Health Director, North Carolina Board of Pharmacy, and North Carolina Medical Board:
Carbamazepine: all oral dosage forms
Cyclosporine: all oral dosage forms
Digoxin: all oral dosage forms
Ethosuximide
Levothyroxine sodium tablets
Lithium (including all salts): all oral dosage forms
Phenytoin (including all salts): all oral dosage forms
Procainamide
Theophylline (including all salts): all oral dosage forms
Warfarin sodium tablets
IN ADDITION
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1128
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Midtown Redevelopment Partners, LLC
Pursuant to N.C.G.S. § 130A-310.34, Midtown Redevelopment Partners, LLC has filed with the North Carolina
Department of Environment and Natural Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Property
("Property") in Charlotte, Mecklenburg County, North Carolina. The Property, known as the former Midtown Square Mall,
consists of approximately 10.3 acres and is located at 401 South Independence Boulevard and 431 South Kings Drive.
Environmental contamination exists on the Property in soil and groundwater. Midtown Redevelopment Partners, LLC intends to
effect mixed use redevelopment of the Property that may include commercial, retail, office, residential and institutional uses, as
well as parking structures and open space. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed
Brownfields Agreement between DENR and Midtown Redevelopment Partners, LLC, which in turn includes (a) a map showing
the location of the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property,
(c) the above-stated description of the intended future use of the Property, and (d) proposed investigation and remediation; and (2)
a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Public Library of Charlotte &
Mecklenburg County, 310 N. Tryon St., Charlotte, NC 28202 by contacting Rita Rouse at that address or at (704) 336-2725; or at
NC Brownfields Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 by contacting Shirley Liggins at that address (where
DENR will provide auxiliary aids and services for persons with disabilities who wish to review the documents), at
shirley.liggins@ncmail.net, or at (919) 508-8411.
Written public comments, and written requests for a public meeting, may be submitted to DENR within 30 days after the
date this Notice is published in a newspaper of general circulation serving the area in which the brownfields property is located,
or in the North Carolina Register, whichever is later. Thus, if Midtown Redevelopment Partners, LLC, as it plans, publishes this
Summary in the North Carolina Register after it publishes the Summary in a newspaper of general circulation serving the area in
which the brownfields property is located, and if it effects publication of this Summary in the North Carolina Register on the date
it expects to do so, the periods for submitting written requests for a public meeting regarding this project and for submitting
written public comments will commence on January 3, 2007. All such comments and requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
IN ADDITION
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1129
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
South End Silos, LLC
Pursuant to N.C.G.S. § 130A-310.34, South End Silos, LLC has filed with the North Carolina Department of
Environment and Natural Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Property ("Property") in Charlotte,
Mecklenburg County, North Carolina. The Property, which is known as the former Rea Asphalt Plant, consists of 8.551 acres and
is located at 2701 Youngblood Street (Tax Parcel Identification Numbers 14701724, 14701725 and 14701733). Environmental
contamination exists on the Property in groundwater and soil. South End Silos, LLC has committed itself to mixed use
redevelopment of the Property that may include commercial, office, retail and residential uses. The Notice of Intent to Redevelop
a Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and South End Silos, LLC, which in
turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their
concentrations in the media of the Property, (c) the above-stated description of the intended future use of the Property, and (d)
proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S.
130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Public Library of Charlotte &
Mecklenburg County, 310 N. Tryon St., Charlotte, NC 28202 by contacting Rita Rouse at that address or at (704) 336-2725; or at
the offices of the N.C. Brownfields Program, 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 (where DENR will provide
auxiliary aids and services for persons with disabilities who wish to review the documents) by contacting Shirley Liggins at that
address, at shirley.liggins@ncmail.net, or at (919) 508-8411.
Written public comments, and written requests for a public meeting, may be submitted to DENR within 30 days after the
date this Notice is published in a newspaper of general circulation serving the area in which the brownfields property is located,
or in the North Carolina Register, whichever is later. Thus, if South End Silos, LLC, as it plans, publishes this Summary in the
North Carolina Register after it publishes the Summary in a newspaper of general circulation serving the area in which the
brownfields property is located, and if it effects publication of this Summary in the North Carolina Register on the date it expects
to do so, the periods for submitting written requests for a public meeting regarding this project and for submitting written public
comments will commence on January 3, 2007. All such comments and requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1130
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 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Wildlife Resources Commission intends to
adopt the rules cited as 15A NCAC 10B .0304; 10F .0110;
10G .0405, amend the rules cited as 15A NCAC 10F .0102 -
.0107, .0109; 10G .0401 - .0403, and repeal the rule cited as
15A NCAC 10G .0404.
Proposed Effective Date: May 1, 2007
Public Hearing:
Date: February 5, 2007
Time: 2:00 p.m.
Location: 5th floor Commission Hearing Room, WRC
Centennial Campus Building, 1751 Varsity Drive, Raleigh,
NC
Reason for Proposed Action:
15A NCAC 10B .0304 - Adoption of 15A NCAC 10B .0304 is
being considered by request of North Carolina Trapper's
Association to improve the trap used for capturing certain
species.
15A NCAC 10F .0102 - .0107, and .0109 – These rules are
being rewritten to update their provisions with recent
legislation and current practice for titling boats in North
Carolina.[S.L. 2006–185]
15A NCAC 10F .0110 – This rule is being adopted to
implement provisions of recent legislation.[S.L. 2006-185]
15A NCAC 10G .0401 - .0405 – These rules are being
rewritten, adopted and repealed to update the contract
provisions and other terms of operation for wildlife service
agents.
Procedure by which a person can object to the agency on a
proposed rule: Any person who wishes to object to a
proposed rule may do so by writing (or emailing) the person
specified in connection with a given rule within the public
comment period set up for this rule. For rule 15A, NCAC 10B
.0304, the contact person is David Cobb, Chief, Wildlife
Management Division. For rules 15A NCAC 10F .0102 -
.0107, .0109 - .0110; 15A NCAC 10G .0401 - .0405, the
contact person is Lisa Hocutt, Licensing, WRC.
Comments may be submitted to: David Cobb, 1701 Mail
Service Center, Raleigh, NC 27699-1701, phone (919) 707-
0050, email David.Cobb@ncwildlife.org or Lisa Hocutt, 1701
Mail Service Center, Raleigh, NC 27699-1701, phone (919)
707-0251, email Lisa.Hocutt@ncwildlife.org
Comment period ends: March 5, 2007
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. If the Rules Review Commission
receives written and signed objections 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 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 10 - WILDLIFE RESOURCES AND WATER
SAFETY
SUBCHAPTER 10B - HUNTING AND TRAPPING
SECTION .0300 - TRAPPING
15A NCAC 10B .0304 TRAPS
A steel-jaw or leghold trap set on dry land with a solid anchor
shall not have a chain longer than eight inches unless the chain
is fitted with a shock-absorbing device with at least 40 pounds
and no more than 75 pounds of pressure to stretch or compress
the device.
Authority G.S. 113-134; 113-291.6.
SUBCHAPTER 10F - MOTORBOATS AND WATER
SAFETY
SECTION .0100 - MOTORBOAT REGISTRATION
15A NCAC 10F .0102 APPLICATION FOR
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1131
CERTIFICATE OF VESSEL NUMBER
(a) General: Every owner of a vessel required to be
numbered pursuant to G.S. 75A-4 and 75A-7 shall apply to the
Vessel Registration and Title Section of the North Carolina
Wildlife Resources Commission or to one of its authorized
agents Wildlife Service Agents for a certificate of vessel
number using an approved application.
(b) Individual Owners of Vessels. The application shall
contain the following information:
(1) name of owner(s);
(2) address of owner, including zip code;
address, telephone number, date of birth,
and North Carolina driver license number of
owner(s);
(3) state of principal use of vessel;
(4)(3) present or previous vessel registration
certificate of number (if any);
(5)(4) desired period of registration (one or three
years);
(6)(5) primary use of vessel (pleasure, livery,
demonstration, commercial passenger,
commercial fishing, other commercial);
(7)(6) make model of vessel (if known);
(7) manufacturer (if known)
(8) year of manufacture or model year (if
known);
(9) manufacturer's hull identification number (if
any);
(10) overall length of vessel in feet and inches;
(11) type of vessel (open, cabin, houseboat,
personal watercraft, pontoon, other);
(12) hull material (wood, metal, fiberglass,
inflatable, plastic, other);
(13) type of propulsion (inboard, outboard,
inboard-outdrive, jet drive, sail, auxiliary
sail/inboard) (inboard; outboard;
inboard-outdrive; jet drive; sail; auxiliary
sail/inboard; auxiliary sail/outboard);
(14) type of fuel (gasoline, diesel, electric, other);
(15) proof of ownership document;
(16) signature of owner(s). owner(s);
(17) make of motor (if over 25 horsepower),
serial number, purchase price of motor;
(18) lien holder name, address, and telephone
number;
(19) effective lien date.
(b) Application for new or never before registered vessels.
The new owner(s) shall complete and submit the standard
application for a certificate of number, along with the proper
proof of ownership document and applicable fees to the
Wildlife Resources Commission or one of its authorized
agents for processing within 15 days of the date of sale. The
new owner(s) shall indicate on the application whether or not
any liens exist on the vessel. If a lien exists or the vessel is
over 14 feet or is a personal watercraft, then a Certificate of
Title for Vessel shall be issued, including recordation of any
liens listed on the application. A new certificate of number
shall be issued for new or never before registered vessels. For
a period of 60 days following the date of sale, the new owner
may use a copy of the proof of ownership document, provided
it contains the date of sale, as a temporary certificate of
number pending receipt of the original certificate.
(c) Livery Vessel Owners. A "livery" vessel is one that is
rented or leased to an individual for a specific time period by
the owner. The registration and numbering requirements of
G.S. 75A-4 and 75A-7 shall apply to livery vessels. In any
case where the motor is not rented with the vessel, the
description of the motor and type of fuel may be omitted from
the application. The standard application form for vessel
registration for a certificate of number shall be used for livery
vessels with the term "livery" marked in the section designated
for "use of vessel." "primary use."
(d) Dealers and Manufacturers of Vessels. A "manufacturer"
as the term is used in this Rule is defined as a person, firm, or
corporation engaged in the business of manufacturing vessels
either upon prior commission or for the purpose of selling
them after manufacture. A "dealer" as the term is used in this
Rule is defined as a person, firm, or corporation engaged in
the business of offering vessels for sale at retail or wholesale
from an established location(s). The registration and
numbering requirements of G.S. 75A-4 and 75A-7 shall apply
to vessels belonging to dealers and manufacturers. The
standard application for a certificate of vessel number shall be
used for dealer and manufacturer certificates dealers and
manufacturers with the term "demonstration" marked in the
section designated for "use of vessel." "primary use." Upon
receipt of a properly completed application and fee from a
dealer or manufacturerfor dealer or manufacturer vessel
registration, the Wildlife Resources Commission shall issue to
the applicant a dealer's or manufacturer's certificate of vessel
number, as appropriate, number, which may be used in
connection with the operation of any vessel in the possession
of the dealer or manufacturer when the vessel is being
demonstrated. Demonstration vessels shall not be titled so
long as the vessel is owned by the dealer or manufacturer.
Additional dealer's or manufacturer's certificates of vessel
number may be obtained by making application in the same
manner as prescribed for the initial certificate with payment of
an additional fee for each additional certificate. Dealers and
manufacturers have the option of registering individual vessels
in accordance with Rule .0104(a) of this Section.
(e) Government Agency Vessels. The certificate of
numbering requirements of G.S. 75A-4 and 75A-7 shall apply
to vessels belonging to State or local government agencies.
The standard application for a certificate of number shall be
used for government agencies with the term "other" marked in
the section designated for "primary use." Upon receipt of a
properly completed application from a State or local
government agency, the Wildlife Resources Commission shall
issue to the applicant a permanent certificate of number.
There is no fee for a permanent State or local government
agency certificate of number and the certificate is valid until
the vessel is transferred to another government agency, an
individual, business, or dealer. Government agency registered
vessels shall not be titled.
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1132
(f) Commercial Fishing Vessel. The certificate of numbering
requirements of G.S. 75A-4 and 75A-7 shall apply to
commercial fishing vessels. The standard application for a
certificate of number shall be used for commercial fishing
vessels with the term "commercial fishing" marked in the
section designated for "primary use." Upon receipt of a
properly completed application, the Wildlife Resources
Commission shall issue to the applicant a certificate of
number. The vessel owner must pay for the first certificate of
number. Subsequent renewals, for a period of one year, are
free provided the owner provides proof of a valid Commercial
Fishing Vessel Registration, when applying to the Wildlife
Resources Commission for a renewal certificate of number. A
valid Commercial Fishing Vessel Registration is one that has
been issued by the Division of Marine Fisheries.
(g) Commercial Passenger Vessel. The certificate of
numbering requirements of G.S. 75A-4 and 75A-7 shall apply
to commercial passenger vessels. The standard application for
a certificate of number shall be used for commercial passenger
vessels with the term "commercial passenger" marked in the
section designated for "primary use." Upon receipt of a
properly completed application, proof of ownership document,
and fee, the Wildlife Resources Commission shall issue to the
applicant a certificate of number.
Authority G.S. 75A-3; 75A-5; 75A-7; 75A-19; 33 C.F.R.
174.17.
15A NCAC 10F .0103 TRANSFER OF OWNERSHIP
(a) Transfer of previously registered and titled vessels.
(1) Transfer of previously registered and titled
vessels from one individual owner(s) to
another.
(1)(A) When the ownership of a titled
vessel is transferred, the current
owner(s) as recorded listed on the
face of the Certificate of Title for
Watercraft Vessel shall complete
the Assignment of Title section on
the reverse side of the certificate of
title and transmit the title to the
new owner(s). If the certificate of
title contains any encumbrances,
security interests, or liens on its
face, the Release of First Lien
section on the face of the certificate
of title must be completed by the
lienholder(s) before the title is
transmitted to the new owner(s). If
more than one lien is outstanding
on the title, all liens must be
satisfied as evidenced by attaching
additional Release of Lien
statements completed in the same
fashion as the Release of First Lien
section before the certificate of title
is transmitted to the new owner(s).
If the ownership of a titled vessel is
transferred by court order, will,
settlement agreement, separation
agreement, judgment or other
document and the original title is
not available, the previous owner(s)
or estate representative shall
provide the new owner(s) with
documents establishing ownership.
(2)(B) The new owner(s) must
shallcomplete and submit an
Application for Title and
registration submit the application
for a certificate of number and
certificate of title, along with the
properly assigned certificate of title
and applicable registration and title
fees to the Vessel Registration and
Title Section of the Wildlife
Resources Commission for
processing.processing within 15
days of the date of sale. The new
owner(s) shall indicate on the
application whether or not the
vessel will be titled under the new
ownership; and, if so, whether or
not any liens exist on the vessel. If
the new owner(s) elects to transfer
the title, then a new A new
Certificate of Title for Watercraft
shall be issued, including
recordation of any new liens that
are listed on the application. The
original certificate of number shall
be retained when a vessel,
previously registered in North
Carolina, is transferred to a new
owner. A new certificate of
number shall be issued to vessels
previously registered in another
state or to vessels never before
registered.
(C) For 60 days following the transfer
of ownership of a previously titled
vessel, the new owner may use a
copy of the properly assigned
certificate of title as a temporary
certificate of number pending
receipt of his own certificate
provided the certificate is validated
in accordance with Part (b)(1)(A)
of this Rule.
(2) Transfer of previously registered and titled
vessels through a dealer.
(A) When the ownership of a titled
vessel is transferred to a dealer, the
owner(s) listed on the face of the
Certificate of Title for Vessel shall
complete the Assignment of Title
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1133
section on the reverse side of the
certificate of title and surrender the
title to the dealer. If the certificate
of title contains any encumbrances,
security interests, or liens on its
face, the Release of First Lien
section on the face of the certificate
of title must be completed by the
lienholder(s) before the title is
surrendered to the dealer. If more
than one lien is outstanding on the
title, all liens must be satisfied as
evidenced by attaching additional
Release of Lien statements
completed in the same fashion as
the Release of First Lien section
before the certificate of title is
surrendered to the dealer.
(B) When the vessel is subsequently
sold, the dealer shall, on the day of
the sale, provide the new owner(s)
the original certificate of title
completed by the previous owner(s)
and a Dealer Bill of sale. The
Dealer's Bill of Sale shall include
the dealer's name, the name of the
new owner(s), the date of sale,
certificate of number,
manufacturer's hull identification
number, model, year, and length of
the vessel. The Dealer's Bill of
Sale shall be signed by both the
dealer and the new owner(s).
(C) The new owner(s) shall complete
and submit the standard application
for a certificate of number and
certificate of title, along with the
properly assigned certificate of
title, Dealer Bill of Sale, and
applicable fees, to the Wildlife
Resources Commission or one of
its authorized agents for processing
within 15 days of the date of sale.
The new owner(s) shall indicate on
the application whether or not any
liens exist on the vessel. A new
Certificate of Title for Vessel shall
be issued, including recordation of
any new liens listed on the
application. The original certificate
of number must be retained when a
vessel, previously registered in
North Carolina, is transferred to a
new owner(s). A new certificate of
number shall be issued to vessels
previously registered in another
state or vessels never before
registered.
(D) For a period of 60 days following
the transfer of ownership of a
previously registered vessel, the
new owner may use a copy of the
Dealer's Bill of Sale as a temporary
certificate of number pending
receipt of his own certificate
(b) Transfer of previously registered, non-titled vessels.
(1) Direct transfer Transfer of a previously
registered, non-titled vessel from one
individual owner to another.
(A) If the ownership of a once-registered
previously registered
vessel is transferred, by sale or gift,
the previous owner shall complete
a notarized bill of sale. The bill of
sale shall be given to the new
owner and shall include the
previous owner's name, the new
owner's name, the date of sale or
gift, certificate of number,
manufacturer's hull identification
number, model, year, and length of
the vessel. The previous owner's
signature shall be notarized. An
individual may also use the
Statement of Transfer form
provided with some certificates of
numbers. The statement shall be
completed by the previous owner
and given to the new owner at the
time of sale or gift.the statement of
transfer provided with the
certificate of vessel number, date it
as of the day of the transaction,
sign it, and deliver it to the new
owner.
(B) The new owner shall complete the
transfer of vessel ownership by
preparing and submitting an official
application form for this purpose
within 10 days from the date of
transfer. The new owner shall
complete and submit the standard
application for a certificate of
number and certificate of title,
along with the proof of ownership
document and applicable fees, to
the Wildlife Resources
Commission for processing within
15 days of the date of sale or gift.
The new owner shall indicate on
the application whether or not any
liens exist on the vessel. A new
Certificate of Title for Vessel shall
be issued, including recordation of
any new liens listed on the
application. The original vessel
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1134
registration certificate of number
must shall be retained when a
vessel most recently previously
registered in North Carolina is
registered transferred to a new
owner. A new vessel registration
certificate of number shall be
issued to vessels most recently
previously registered in another
State or to vessels never before
registered.
(C) For 60 days following the transfer
of ownership of a once-registered
previously registered vessel, the
new owner may use the certificate
of vessel number of the prior owner
a copy of the proof of ownership
document, provided it contains the
date of sale, as a temporary
certificate of number pending
receipt of his own certificate
provided the certificate is validated
in accordance with Part (b)(1)(A)
of this Rule.
(D) An individual may also transfer
ownership of a vessel by preparing
a Bill of Sale naming the new
owner, provided both parties to the
sale sign the Bill of Sale before a
notary public. If a Bill of Sale is
the instrument of transfer, the new
owner may use a copy of it as a
temporary certificate of vessel
number for a period of 60 days.
The notarized Bill of Sale must
accompany the application for
transfer of ownership and the
application must be mailed within
10 days of the date of sale.
(2) Transfer of a once-registered previously
registered, non-titled vessel through a
dealer.
(A) An The owner selling or
transferring a once-registered
previously registered vessel to a
dealer shall complete a notarized
bill of sale naming the dealer as the
new owner. The bill of sale shall
be given to the dealer and shall
include the previous owner's name,
date of sale, certificate of number,
manufacturer's hull identification
number, model, year, and length of
the vessel. The previous owner(s)
signature shall be notarized. An
individual may also use the
Statement of Transfer form
provided with some certificates of
numbers. The statement shall be
completed by the previous owner
and given to the dealer.shall, on the
day of the transaction, give the
certificate of vessel number to the
dealer after dating and signing the
statement of transfer provided with
the certificate.
(B) When the vessel is subsequently
sold, the dealer shall, on the day of
the sale, provide the new owner(s)
a dealer bill of sale. The dealer's
bill of sale shall include the dealer's
name, the new owner(s) name, the
date of sale, certificate of number,
manufacturer's hull identification
number, model and year of the
vessel. The dealer's bill of sale
shall be signed by both the dealer
and the new owner. transaction,
date and sign the statement of
transfer which was received from
the previous owner and give it to
the new owner. If no certificate of
vessel registration is available, a
Bill of Sale may be used to
document transfer of ownership to
the purchaser, provided both parties
to the sale sign the Bill of Sale
before a notary public.
(C) For a period of 60 days following
the transfer of ownership of a once-registered
vessel , the new owner
may use the certificate of vessel
number of the prior owner as a
temporary certificate of vessel
number, provided the certificate is
validated in accordance with Part
(b)(1)(A) of this Rule; or a copy of
the notarized Bill of Sale may be
used as a temporary certificate.
The new owner shall complete and
submit the standard application for
a certificate of number and
certificate of title, along with the
proof of ownership document and
applicable fees, to the Wildlife
Resources Commission or one of
its authorized agents for processing
within 15 days of the date of sale.
The new owner shall indicate on
the application whether or not any
liens exist on the vessel. A new
Certificate of Title for Vessel shall
be issued, including recordation of
any new liens listed on the
application. The original certificate
of number must be retained when a
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1135
vessel, previously registered in
North Carolina, is transferred to a
new owner(s). A new certificate of
number shall be issued to vessels
previously registered in another
state or vessels never before
registered.
(D) For a period of 60 days following
the transfer of ownership of a
previously registered vessel, the
new owner may use a copy of the
dealer's bill of sale as a temporary
certificate of number pending
receipt of his own certificate
provided the certificate is validated
in accordance with Part (b)(1)(A)
of this Rule.
(3) Transfer of a vessel individually-registered
to a dealer or manufacturer. Vessels that
have been individually numbered by dealers
or manufacturers shall upon transfer of
ownership be governed by the provisions of
Subparagraph (b)(1) of this Rule.
Authority G.S. 75A-3; 75A-5; 75A-19; 33 C.F.R. 174.21.
15A NCAC 10F .0104 CERTIFICATE OF NUMBER
(a) General. Upon receipt of a completed application together
with fee application, proof of ownership document, and
applicable fee, the Wildlife Resources Commission shall issue
to the applicant a certificate of vessel number which shall
authorize the operation of the vessel. The certificate of vessel
number shall be carried while operating the vessel and shall be
presented for inspection to any law enforcement officer upon
request. The certificate of vessel number shall include the
following information:
(1) name of owner(s);
(2) address of the primary owner, including zip
code;
(3) state of principal use of vessel; title
indicator;
(4) certificate of number awarded to vessel;
(5) expiration date of the certificate of number;
(6) use of vessel (pleasure, livery,
demonstration, commercial passenger,
commercial fishing, other commercial);
(7) make model of vessel (if known);
(8) manufacturer (if known);
(8)(9) year of manufacture or model year (if
known);
(9)(10) manufacturer's hull identification number (if
any);
(10)(11) overall length of vessel;
(11)(12) type of vessel (open, cabin, houseboat,
personal watercraft, pontoon, other);
(12)(13) hull material (wood, metal, fiberglass,
plastic, inflatable, other);
(13)(14) type of propulsion (inboard, outboard,
inboard-outdrive, sail, auxiliary sail/inboard,
auxiliary sail/outboard, jet drive);
(14)(15) type of fuel (gasoline, diesel, electric, other);
(15)(16) notice to owner that he shall report within 15
days changes of address or ownership, and
destruction or abandonment of vessel;
(17) signature of owner;
(16)(18) notice to the owner that the operator shall:
(A) always carry this certificate on
vessel when in use;
(B) report every accident involving
injury or death to persons, or
property damage over one hundred
dollars ($100.00); more than two
thousand dollars ($2,000);
(C) stop and render assistance if
involved in boating accident.
(b) Livery Vessel Owners. The certificate of number awarded
to a livery vessel shall be plainly marked "livery vessel" and
shall include the same information in Paragraph (a) of this
Rule. in any case where the motor is not rented with the
vessel, the description of the motor and type of fuel shall be
omitted from the certificate.
(c) Dealers and Manufacturers. The certificate of vessel
number awarded to dealers and manufacturers shall be plainly
marked "dealer" or "manufacturer" in lieu of the description of
the boat, vessel, motor and type of fuel. Any dealer or any
permittee of a dealer manufacturer demonstrating or testing a
vessel may utilize a set of dealer's numbers and the
corresponding dealer's certificate of vessel number to operate
any vessel held for sale, but only for demonstration or testing
purposes. Vessels owned or possessed by dealers or
manufacturers for personal use or for any use whatsoever
other than for demonstration and testing purposes must be
individually registered in the name of the dealer in accordance
with Paragraph (a) of this Rule. A dealer or manufacturer's
certificate of number shall contain the following information:
(1) name of dealer or manufacturer;
(2) address of dealer or manufacturer;
(3) certificate of number;
(4) expiration date of certificate of number; and
(5) primary use of vessel.
(d) Government agency. The certificate of number awarded to
State or local government agencies shall be plainly marked
"permanent" and shall include the same information in
Paragraph (a) of this Rule; however, there will be no title
indicator or expiration date listed for permanent certificate of
numbers.
(e) Commercial Fishing. The certificate of number awarded
to a commercial fishing vessel shall be plainly marked
"commercial fishing" and shall include the same information
in Paragraph (a) of this Rule.
(f) Commercial Passenger. The certificate of number
awarded to a commercial passenger vessel shall be plainly
marked "commercial passenger" and shall include the same
information in Paragraph (a) of this Rule.
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1136
(d)(g) Vessel Registration Agents. In order to make
certificates of vessel number readily available throughout the
State, vessel dealers, manufacturers, and other related
businesses which operate from established locations within
North Carolina may be appointed as wildlife service agents of
the Wildlife Resources Commission and authorized to issue
and renew temporary certificates of vessel number and handle
related for new registrations, transfers of ownership, renewal
and duplicate transactions. All official certificates of numbers
shall be processed and mailed from the Wildlife Resources
Commission headquarters. Rules governing the appointment
and operations of vessel registration wildlife service agents are
contained in 15A NCAC 10G .0400 Wildlife Service Agents.
Authority G.S. 75A-3; 75A-5; 75A-7; 75A-19; 33 C.F.R.
174.19.
15A NCAC 10F .0105 NUMBERING PATTERN
(a) General. The vessel certificate of number assigned shall
consist of the symbol "NC" identifying the state, followed by
not more than four arabic numerals and two capital letters, in
sequence, separated by a hyphen or equivalent space, in
accordance with the serials, numerically and alphabetically.
As examples: NC-1-A or NC-1234-AA.
(b) Individual. Since the letters "I," "O," and "Q" may be
mistaken for arabic numerals, they shall not be used in the
letter sequences. Letters, or letters and numbers, forming
words or combinations shall not be used.
(c) Government Agency. The single letter "P" shall be
reserved for use following the numerals of vessels numbered
by governmental entities. Permanent certificate of numbers
shall not be transferred to a non-government agency. A new
certificate of number shall be issued upon transfer.
(d) Dealer/Manufacturer. The single letter "X" shall be
reserved for use following the numerals of vessels numbered
for demonstration purposes by vessel dealers and
manufacturers. Dealer and manufacturer certificate of
numbers shall not be transferred. A new certificate of number
shall be issued upon transfer.
Authority G.S. 75A-3; 75A-5; 75A-7; 33 C.F.R. 174.23.
15A NCAC 10F .0106 DISPLAY OF VESSEL
NUMBERS
(a) The numbers shall be painted on or attached to each side
of the forward half of the vessel for which issued in such a
position as to provide clear legibility for identification. The
numbers shall read from left to right and shall be in block
characters of good proportion not less than three inches in
height. The numbers shall be of a solid color which will
contrast with the color of the background and so maintained as
to be clearly visible and legible; i.e., dark numbers on a light
background, or light numbers on a dark background.
(b) No other number, except the year date of the validation
decal described in Rule .0107 of this Section, shall be carried
on the bow of such vessel.
(c) Manufacturers or dealers may have the number awarded to
them printed upon or attached to a removable sign or signs to
be temporarily but firmly mounted upon or attached to the
vessel being demonstrated, so long as the display meets the
requirements of the Rules in this Section. Where a currently
or previously-numbered vessel is being demonstrated with a
set of dealer's numbers, the permanent numbers painted on or
attached to the bow shall be covered.
(d) A vessel registered to a governmental entity and bearing
the letter "P" shall continue to display the assigned numbers
for so long as the vessel belongs to a governmental entity.
Upon transfer of ownership to a private individual
individual(s) or business the new owner shall apply to the
Wildlife Resources Commission for a new certificate of vessel
number and shall be assigned a new vessel registration.
certificate of number.
Authority G.S. 75A-3; 75A-5; 75A-19.
15A NCAC 10F .0107 VALIDATION DECAL
In addition to the certificate of vessel number, the Wildlife
Resources Commission shall supply to the owner of each
vessel that is numbered, an official validation decal indicating
the last year and month of the period of expiration.registration.
The owner shall affix such validation decal so as to be clearly
legible on the starboard bow of the vessel immediately
following and within six inches of the vessel number. Any
validation decal issued for a vessel numbered on application
by a governmental entity shall contain no expiration date, but
shall bear the letter "P" and shall not be subject to renewal so
long as the vessel remains the property of a governmental
entity. When any such vessel is transferred to private
ownership, the decal shall be removed or obliterated by the
transferring agency.
Authority G.S. 75A-3; 75A-5; 75A-7; 33 C.F.R. 174.15.
15A NCAC 10F .0109 TEMPORARY CERTIFICATE
OF NUMBER
(a) Whenever a wildlife service agent processes the final
transaction to issue, renew, or transfer a permanent certificate
of vessel number or to issue a duplicate vessel registration
certificate of numbercannot be completed for some reason and
the required fee and vessel and owner information for the
transaction are provided, the new owner may shall be issued a
temporary certificate of vessel number. For a period not
exceeding 60 days following the date of the transaction, the
vessel may be operated on the temporary certificate of vessel
number pending receipt of the regular certificate.
(b) In order to be valid, the temporary certificate of vessel
number must shall contain the following:
(1) full name and address of issuing agent;
(2) full name and address of owner(s), including
zip code;
(3) previous vessel registration number, if any
(if none, so state);
(4) state of principal use of vessel;
(5) make of vessel;
(6) vessel length in feet;
(7) hull material;
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1137
(8) type of propulsion;
(9) date of purchase of vessel;
(10) date of application for regular certificate of
vessel number;
(11) expiration date of temporary certificate;
(12) signature(s) of owner(s) and agent.
(1) name of issuing wildlife service agent;
(2) name and address of owner(s);
(3) title indicator;
(4) certificate of number;
(5) use of vessel;
(6) model of vessel;
(7) manufacturer;
(8) year of manufacture or model year;
(9) manufacturer's hull identification number;
(10) length of vessel;
(11) type of vessel;
(12) hull material;
(13) type of propulsion;
(14) type of fuel;
(15) date temporary certificate of number is
issued;
(16) date temporary certificate of number
expires;
(17) transaction status;
(18) signature of owner(s).
Authority G.S. 75A-3; 75A-5; 33 C.F.R. 174.21.
15A NCAC 10F .0110 ABANDONED VESSELS
(a) General. An abandoned vessel is defined as a vessel that
has been relinquished, left or given up by the lawful owner(s)
without the intention to later resume any right or interest in
such vessel. It does not include any vessel left by an owner(s)
or agent of the owner(s) with any person or business for the
purpose of storage, maintenance or repair which is not
subsequently claimed.
(b) Abandonment: A person may acquire ownership of an
abandoned vessel by providing proof, satisfactory to the
Wildlife Resources Commission, that such vessel has actually
been abandoned by the lawful owner(s). A person finding an
abandoned vessel can become the registered and titled owner
of the vessel, provided the previous owner(s) cannot be
located and that they have not reported the vessel missing or
stolen. The applicant shall comply with the below procedures
to seek ownership of such vessel:
(1) The Finder shall send a Certified Letter,
return receipt requested, to the last
registered owner(s). The Finder shall
demonstrate to Wildlife Resources
Commission that this letter was not
deliverable or that the last registered
owner(s) failed to acknowledge or respond.
(2) The Finder shall also provide to the Wildlife
Resources Commission a written police
report stating that the abandoned vessel has
not been reported missing or stolen in the
area where it is listed as being moored.
(3) The Finder shall complete and submit the
standard application for a certificate of
number and certificate of title, along with a
notarized statement summarizing when and
where the vessel was found, the evidenced
attempts to locate the owner(s), any
available evidence that the vessel is
abandoned, statements from any other
persons knowledgeable about the history of
the vessel and applicable fees to the Wildlife
Resources Commission.
(c) The Wildlife Resources Commission will consider the
evidence and documentation presented. If Wildlife Resources
Commission determines that the vessel has been abandoned, it
will issue a certificate of number and certificate of title to the
applicant.
Authority G.S. 113-134; 75A-5(i2).
SUBCHAPTER 10G - DISTRIBUTION AND SALE OF
HUNTING: FISHING: AND TRAPPING LICENSE
SECTION .0400 - WILDLIFE SERVICE AGENTS
15A NCAC 10G .0401 PURPOSE OF WILDLIFE
SERVICE AGENTS
Wildlife Service Agents are official license and vessel agents
of the North Carolina Wildlife Resources Commission
(Commission) who are appointed by the agency and thereby
authorized to issue hunting and hunting, fishing and other
licenses, permits, and tags; sell subscriptions to Wildlife in
North Carolina; issue certificates of vessel number and decals;
renew vessel registrations; and transfer ownership of vessels.
applications, vessel transactions, and other items authorized by
the Commission pursuant to a Wildlife Service Agent
Agreement. The purpose of Wildlife Service Agents is to
provide efficient and convenient outlets across the State for
the distribution of licenses, permits, tags, certificates of vessel
number, vessel decals, and other items desired by or necessary
to the public for participation in activities regulated by the
Commission.
Authority G.S. 113-134; 113-270.1.
15A NCAC 10G .0402 APPOINTMENT OF
WILDLIFE
SERVICE AGENTS
Any business operating from a fixed location in North
Carolina may apply in writing to the Wildlife Resources
Commission for appointment as a Wildlife Service Agent.
The applicant shall completely and accurately furnish all
information requested in the application. application provided
by the Commission. An applicant may be appointed as a
Wildlife Service Agent, if the information provided on the
application and by any further investigation that may be made,
provides evidence, convincing to the Executive Director, that
the applicant shall comply with all rules and meets all
standards and qualifications applicable to Wildlife Service
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1138
Agents. In order to ensure security of State funds to be
collected by Wildlife Service Agents and to determine the
qualification of the applicant in the field of business, the
Executive Director may require that applicants have a
minimum of one year's experience in operating the business
for which the application is made or some other comparable
business experience. Applicants may also be required to
submit financial statements of the business so that the
solvency of the business can be judged. Every initial
appointment as a Wildlife Service Agent is probationary for
the first year and new agents are subject to close monitoring of
their performance.
(1) Application. Applications for Wildlife
Service Agent appointment shall contain
information about the agent such as the
business name, address, county where the
business is located, agent contact
information, bank account information,
business hours, and any other information
requested by the Commission that is
reasonably necessary to determine the
fitness of the applicant to serve as a Wildlife
Service Agent.
(2) Qualifications and Requirements.
Applicants shall meet all qualifications
established by the Commission in order to
be considered for appointment as a Wildlife
Service Agent.
(a) Businesses shall operate from a
fixed location in North Carolina
and shall be required to sell a
minimum of one thousand dollars
($1,000) in transaction sales
annually. This minimum
requirement may be waived by the
Executive Director if he finds the
applicant's services necessary to
maintain adequate agent services to
the public in that area.
(b) An applicant shall have a minimum
of one year's experience in
operating the business for which
the application is made or other
equivalent business experience or
training. In those cases where
other equivalent business
experience or training is accepted
in lieu of the minimum one year's
experience, the applicant shall
submit financial statements of the
business so that the solvency of the
business can be judged.
(c) Applicants shall provide a bank
account for the purpose of
transferring net proceeds from all
Wildlife Service Agent transactions
to the Commission's account in the
State Treasury every week via an
electronic transfer of funds.
(d) Applicants shall provide a
telephone line or other form of
Internet connection for the purpose
of processing transactions related to
services provided by Wildlife
Service Agents. A dedicated
telephone line or high-speed
Internet connection is
recommended for high volume
agents.
The qualifications as provided by Sub-items (2)(a)
and (2)(b) of this Rule shall be met prior to
appointment. Failure to comply with the
qualifications and requirements as provided by Sub-item
(2)(b) of this Rule, throughout the term of the
appointment, may result in termination of the agent
appointment. All agents are subject to close
monitoring of their performance.
Authority G.S. 113-134; 113-270.1.
15A NCAC 10G .0403 WILDLIFE SERVICE AGENT
AGREEMENT
In consideration of appointment as a Wildlife Service Agent
and the fees received there from, each Wildlife Service Agent
shall execute an Agreement with the Commission
acknowledging that the agency shall be operated in
compliance with all laws, rules, and administrative directives
related to the sale of licenses and the registration of vessels.
Furthermore, the agency shall be operated as a public
convenience; and, to that end, the agent agrees to serve the
public in an efficient and helpful manner with all reasonable
requests for assistance whenever open for business. It shall be
the duty of the agent to be informed and knowledgeable of the
laws and rules governing requirements for licenses and vessel
transactions and to stay abreast of changes in these
requirements so that the agent can provide accurate and
reliable information and instruction to persons who seek
assistance in these matters. Unless otherwise specifically
provided in the Agreement, the appointment as a Wildlife
Service Agent and the Agreement under which the
appointment is made is are nontransferable. singularly valid
for the person named thereon who is authorized to act on
behalf of the business and applies only to the business and
location named. If the manager, location, or ownership of the
business changes, then the Agreement becomes null and void
and, if the agency is to remain operational, the Agreement
shall be amended to reflect the changes. Notice of any change
in management, location, or ownership shall be sent to the
Commission at least 10 days prior to the change to allow time
to issue a new or amended Agreement, provided the new
conditions of the agency conform to all requirements for
appointment. In the event of fire, theft, or natural disaster that
damages or destroys any equipment, records, or supplies
related to the operations of a Wildlife Service Agent, the agent
shall notify the Commission by telephone within 48 hours of
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1139
the occurrence and shall submit a written report within 10
days.
Authority G.S. 113-134; 113-270.1.
15A NCAC 10G .0404 CUSTOMER SUPPORT
SYSTEM
REPEALED
(a) Equipment. Each Wildlife Service Agent shall be
equipped with a transaction terminal, which is a network
computer linked to the Commission's central data base by
telephone lines. Using the transaction terminal, the agent shall
issue licenses, permits, tags, vessel registrations and decals,
magazine subscriptions, and other items. The record of sale
and issuance of each item shall be transmitted by the terminal
to the Commission overnight via telephone connection. The
Commission shall communicate information and instructions
about individual agent accounts and messages of general
interest to all agents via the transaction terminal. Agents shall
also be provided two printers: one to print receipts and
messages and the other to print licenses, permits, tags, decals,
registrations, and other items. All necessary training, trouble-shooting,
maintenance, equipment replacements, materials and
supplies shall be furnished by the Commission. Toll-free
telephone service to link transaction terminals to the system's
central data base shall be supplied by the Commission. Net
proceeds from all transactions shall be transferred to the
Commission every week via an electronic transfer of funds
from the bank account designated by an agent in the Wildlife
Service Agent Agreement to the Commission's account in the
State Treasury.
(b) Cancellation. A Wildlife Service Agent may resign at any
time by sending written notice to the Commission. The
Commission shall immediately instruct resigning agents in the
required procedures to follow to return all equipment and
supplies and to settle their accounts. The Commission may
cancel any Wildlife Service Agent appointment for failure to
comply with these Rules or with any administrative directives
related to performance as a Wildlife Service Agent.
Deficiencies that may result in cancellation include but are not
limited to such things as failure to deposit sufficient funds to
cover the electronic transfer of funds each week, failure to use
the surge protector provided in conjunction with a properly
grounded electrical outlet or telephone line, failure to operate
as a public convenience, failure to provide the proper license
and correct information about licenses to customers, failure to
return all required documentation for transactions on schedule,
and failure to safeguard or care for the equipment. Upon
resignation or termination of appointment as a Wildlife
Service Agent, the previous agent must return all consigned
equipment and supplies to the Commission and settle the agent
financial account, both with 15 days of the date of receiving
written notice from the Commission.
Authority G.S. 113-134; 113-270.1.
15A NCAC 10G .0405 WILDLIFE SERVICE AGENT
TERMS AND CONDITIONS
Failure to comply with the terms and conditions as provided in
this Rule may result in temporary suspension or termination of
a Wildlife Service Agent's appointment. The terms and
conditions include the following.
(1) Public Service. Unless otherwise specified
in the Agreement, Wildlife Service Agents
shall be required to provide a public service
to all persons seeking assistance with
matters related to the duties of a Wildlife
Service Agent during regular business hours.
(2) Training. New Wildlife Service Agents
shall be required to attend a training session
at a location specified by the Commission
prior to activation of agent status and prior
to receiving any equipment or supplies from
the Commission. The Commission may
require new agents, as a result of a business
ownership change, to attend a training
session at a location specified by the
Commission prior to activating their agent
status.
(3) Activation of Agent Status. Upon
completion of training and receipt of
equipment and supplies, Wildlife Service
Agents shall have their equipment set up and
ready for operation 10 days after the date
they receive the equipment and supplies.
(4) Equipment and Internet service provided by
the Commission. Upon completion of
training, each Wildlife Service Agent shall
be equipped with the computer equipment
and peripherals necessary to perform
transactions required by the Commission.
This computer application is web-based and
is linked to the Commission's central
database via the Internet. Agents shall be
responsible for providing a telephone line
for this purpose.
(a) Using the equipment and Internet
service provided, the agent shall
issue all transactions desired by the
Commission. The record of sale
and issuance of each item shall be
transmitted immediately to the
Commission's database via the
Internet. The Commission shall
communicate information and
instructions about individual agent
accounts and messages of general
interest to all agents via the
computer application and the agent
web site.
(b) All necessary training, trouble-shooting,
maintenance, equipment
replacements, materials and
supplies shall be furnished by the
Commission. Toll-free telephone
service to link transaction
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1140
equipment to the system's central
database shall be supplied by the
Commission.
(c) Upon termination of an agent
appointment, all computer
equipment and peripherals shall be
returned to the Commission as
instructed by the Commission.
(d) Wildlife Service Agents shall be
financially responsible for any
damage to computer equipment and
peripherals resulting from
negligence, malicious activity,
equipment abandonment, failure to
return equipment upon request of
the Commission or improper
electrical service to the equipment.
In the event of fire, theft, or natural
disaster, if insured, agents shall
relinquish to the Commission any
insurance payment(s) for damaged
computer equipment or peripherals
provided by the Commission within
10 days of receipt. Agents shall
report, by telephone to the
Commission, any lost, stolen,
damaged, or destroyed equipment
within 48 hours of the occurrence
and shall submit a written report
within 10 days thereafter.
(5) Equipment and Internet service provided by
the Agent. Upon completion of training,
each Wildlife Service Agent shall be given
access to the Commission's agent web site in
order to perform transactions required by the
Commission. This web site is linked to the
Commission's central database via the
internet. Agents using their own equipment
shall provide their own Internet service
provider and shall be responsible for
providing a telephone line for this purpose.
Agents providing their own Internet service
provider shall receive a monthly credit to
their bank account from the Commission.
(a) Using the web site provided, the
agent shall issue all transactions
desired by the Commission. The
record of sale and issuance of each
item shall be transmitted
immediately to the Commission's
database via the internet. The
Commission shall communicate
information and instructions about
individual agent accounts and
messages of general interest to all
agents via the computer application
and the agent web site.
(b) All necessary training, materials,
and supplies shall be furnished by
the Commission. The Commission
shall not provide technical support,
trouble-shooting, or maintenance to
agents using their own equipment
and Internet service provider.
(c) Upon termination of an agent
appointment, access to the
Commission's agent web site shall
be terminated.
(6) Supplies. Each Wildlife Service Agent shall
be provided the necessary forms and
supplies, furnished by the Commission, to
perform transactions or to provide
information desired by the Commission. In
the event that any records or supplies related
to the operations of a Wildlife Service Agent
are stolen, lost, damaged or destroyed, the
agent shall notify the Commission by
telephone within 48 hours of the occurrence
and shall submit a written report within 10
days thereafter. Willful failure to return
such items as instructed by the Commission
is a Class 2 misdemeanor.
(7) Documentation. Unless otherwise specified
in the Agreement, Wildlife Service Agents
shall be required to mail all transaction
documentation to the Commission daily.
(8) Application. Each Wildlife Service Agent
shall notify the Commission of any changes
to the original application for appointment
such as business name, address, agent
contact information, bank account
information, business hours and other
information related to agent appointment,
immediately upon its change.
(9) Business Change of Ownership, Location, or
Management. If the ownership of the
business, location or management changes,
then the Agreement becomes null and void.
Written notice of any change in ownership,
location, or management shall be sent to the
Commission at least 10 days prior to the
change along with an application for a new
Wildlife Service Agreement, if desired,
pursuant to these Rules.
(10) Renewal. All Wildlife Service Agent
Agreements are issued for a term of three
years, but may be renewed for additional
three year terms upon agreement of both the
Commission and the Wildlife Service Agent.
(11) Cancellation. A Wildlife Service Agent
may cancel the Agreement at any time by
sending written notice to the Commission.
The Commission shall immediately instruct
resigning agents on the required procedures
for returning all equipment and supplies and
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1141
to settle their account. Upon resignation of
appointment as a Wildlife Service Agent,
the former agent must return all consigned
equipment and supplies to the Commission
and settle the agent financial account, both
within 10 days of the resignation letter's
date.
(12) Suspension. The Commission shall
temporarily suspend any Wildlife Service
Agent appointment for failure to comply
with these rules or with any administrative
directives related to performance as a
Wildlife Service Agent.
(a) Deficiencies that shall result in
temporary suspension include, but
are not limited to, such things as
failure to comply with the terms
and conditions as outlined in the
Wildlife Service Agent Agreement,
failure to deposit sufficient funds
one or more times to cover the
electronic transfer of funds each
week, failure to operate as a public
convenience as specified in the
Agreement one or more times,
failure to provide proper and
correct information one or more
times about wildlife transactions
and related issues to customers as
documented by customer
complaints or agency inspections,
failure to submit or return all
required documentation for
transactions as outlined in the
Agreement one or more times,
failure to safeguard or care for the
equipment and supplies, and any
other act or omission by the agent
that results in financial loss or that
reflects poorly on the Commission.
(b) Temporary suspension is effective
immediately upon communication
of that fact to the Wildlife Service
Agent. Such communication shall
state the grounds for temporary
suspension and that the agent may
request a hearing within five
working days if he contests the
grounds for temporary suspension.
If the initial notification is not in
writing, it shall be followed by
written notice of temporary
suspension containing the same
information. An employee of the
Commission may enter the
premises and impound all property
and supplies issued or entitled to by
the Commission such as
equipment, moneys, record books,
reports, license forms, other
documents and materials pertinent
to the agent being suspended. The
Commission must make the
impounded property, or copies of
it, available to the agent during the
period of temporary suspension. If
a hearing is requested, it shall be
before the Executive Director or his
designee and shall be held at a
location specified by the Executive
Director.
(c) Temporary suspension remains in
effect until the hearing. A
temporary suspension may not last
longer than 30 days, but additional
suspensions may be imposed if, at
the end of the suspension period,
the agent has not corrected the
deficiency or deficiencies that
resulted in the suspension. A
Wildlife Service Agent may at any
time after a hearing appeal his
suspension to the Commission. A
new suspension shall comply with
the provisions of this subsection.
(13) Termination. The Commission may
terminate any Wildlife Service Agent
appointment for failure to comply with these
Rules or with any administrative directives
related to performance as a Wildlife Service
Agent.
(a) Deficiencies that may result in
termination include, but are not
limited to, such things as failure to
comply with the terms and
conditions as outlined in the
Wildlife Service Agent Agreement,
failure to deposit sufficient funds
two or more times to cover the
electronic transfer of funds each
week, failure to meet the minimum
transaction sales requirement of
one thousand dollars ($1,000)
annually, failure to operate as a
public convenience as specified in
the Agreement two or more times,
failure to provide proper and
correct information two or more
times about wildlife transactions
and related issues to customers as
documented by customer
complaints or agency inspections,
failure to return all required
documentation for transactions as
outlined in the Agreement two or
more times, failure to safeguard or
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1142
care for the equipment and any
other act or omission by the agent
that results in financial loss or that
reflects poorly on the Commission.
(b) Notice of termination of the
appointment may be sent to the
Wildlife Service Agent in lieu of or
in addition to temporary
suspension. The notice must state
the grounds for termination of the
appointment and the agent's right to
a hearing if he has not previously
been afforded one. If the
appointment is to be terminated, the
notice must state the effective date
and hour of termination. If the
agent has not been previously
afforded a hearing, the agent is
entitled to a hearing within 14 days
before the Executive Director or his
designee to be held at a location
specified by the Executive
Director. After the hearing, the
Executive Director, applying
appropriate standards, must take
action with respect to the
appointment as a Wildlife Service
Agent that the facts warrant. If the
Executive Director upholds the
decision to terminate the
appointment, an agent may appeal
his termination to the Commission.
Pending the hearing and any appeal
from it, the termination is held in
abeyance, but no transaction may
be made once the agent's
termination effective date and time
have passed.
(c) Upon termination of appointment
as a Wildlife Service Agent, the
former agent must return all
consigned equipment and supplies
to the Commission and settle the
agent financial account, both within
10 days of the date of receiving
written notice from the
Commission. Employees of the
Commission shall have the right to
conduct necessary inspections and
audits required when terminating
an agent.
(d) The Executive Director or his
designee holding any hearing under
this section must keep a written
record of evidence considered and
findings made. Upon appeal to the
Commission, the Commission
Chairman or another presiding
officer must cause such a written
record of evidence and findings to
be made and kept. Hearings and
appeals under this section are
internal matters concerning
Wildlife Service Agents of the
Commission and are not governed
by the North Carolina
Administrative Procedure Act.
(e) No person denied appointment or
whose appointment was terminated
under this section is eligible to
apply again for an appointment as a
Wildlife Service Agent for a
minimum of two years. Upon
application, the Commission may
not grant the appointment as a
Wildlife Service Agent unless the
applicant produces clear evidence,
convincing to the Commission, that
he meets all standards and
qualifications and will comply with
all requirements of statutes, rules,
and administrative directives
pertaining to Wildlife Service
Agents.
(14) Use of customer information. Customer
information for customers of the
Commission is protected by G.S. 143-254.5.
Wildlife Service Agents shall not disclose
any customer information to any third party
without the express authorization of the
Commission. Wildlife Service Agents shall
not use such customer information for any
purpose whatsoever other than the
processing of Commission transactions
requested by the customer. Failure to abide
by either of these provisions shall be
grounds for immediate termination of the
agency.
Authority G. S. 113-134; 113-270.1.
TITLE 21 – OCCUPATIONAL LICENSING BOARDS
AND COMMISSIONS
CHAPTER 26 – LICENSING BOARD OF LANDSCAPE
ARCHITECTS
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Board of Landscape Architects intends to
amend the rules cited as 21 NCAC 26 .0207, .0301, .0303.
Proposed Effective Date: May 1, 2007
Public Hearing:
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1143
Date: January 17, 2007
Time: 2:00 p.m.
Location: 434 Fayetteville Street, Suite 2500, Raleigh, NC
27601
Reason for Proposed Action:
21 NCAC 26 .0207 - Because of changes in technology, the
Board has determined that electronic signatures and seals
should be allowed on certain documents; therefore, the rule
implements procedures to allow licensed landscape architects
to use electronic signatures and seals.
21 NCAC 26 .0301 – First, the Board is proposing a technical
amendment to change the reference from "Uniform National
Examination" to "Landscape Architecture Registration Exam
(LARE)". Second, the Board proposes to define "qualified
applicant".
21 NCAC 26 .0303 – The Board is proposing a technical
amendment to change the reference from "Uniform National
Examination" to "Landscape Architecture Registration Exam
(LARE)".
Procedure by which a person can object to the agency on a
proposed rule: Objections or comments must be submitted in
writing to Charles McDarris, Bailey & Dixon, 434
Fayetteville Street, Raleigh, NC 27601. Objections or
comments must be submitted by the end of the comment
period.
Comments may be submitted to: Charles F. McDarris, 434
Fayetteville Street, Suite 2500, Raleigh, NC 27601, phone
(919) 828-0731
Comment period ends: March 5, 2007
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. If the Rules Review Commission
receives written and signed objections 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 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
SECTION .0200 - PRACTICE OF REGISTERED
LANDSCAPE ARCHITECTS
21 NCAC 26 .0207 APPLICATION OF
PROFESSIONAL SEAL
(a) Use of Seal. The seal(s) of the landscape architect(s)
responsible for the work and the landscape architectural
corporation seal, if appropriate, shall be applied to the
following documents:
(1) Drawings and specifications prepared for
public agency approval.
(2) Drawings and specifications issued for the
purpose of bidding, negotiation or
construction.
(3) Reports of technical nature.
(4) Letters and certificates of professional
opinion.
(b) Standard Design Documents are defined as drawings and
specifications prepared by another and obtained by the
Landscape Architect for review and certification by the
Landscape Architect. Such drawings may be sealed by the
landscape architect registered in North Carolina provided:
(1) the origin of the "standard design
documents" appears on each drawing or
sheet of the documents sealed by the
landscape architect;
(2) the North Carolina landscape architect
clearly identifies all modifications of the
standard design documents.
(c) The seal of the North Carolina landscape architect placed
on each sheet identified as "standard design documents" is
prima facie evidence that the landscape architect whose seal is
affixed assumes responsibility for the adequacy of the
standard design for its specific application in North Carolina,
including conformance with applicable codes and ordinances.
(d) The seal(s) shall be applied only to documents prepared
personally or under the immediate supervision of the
landscape architect whose seal is affixed.
(e) Signature and Date. The individual's seal or facsimile
thereof shall have the landscape architect's original signature
across its face and the effective date shall be indicated below
or elsewhere on the document.
(f) Co-authorship. When a document requiring seals has been
co-authored by the landscape architect and another licensed
design professional of another discipline, the landscape
architect shall indicate by notation each portion for which he
or she is responsible.
(g) Failure to use the professional seal according to this Rule
shall may be deemed by the Board to be "unprofessional
conduct" "gross malpractice" within the meaning of G.S.
89A-7.
(h) Electronically transmitted documents and electronic seals
shall be allowed. Documents, including drawings,
specifications and reports, that are transmitted electronically to
a client or a governmental agency shall have the computer-generated
seal removed from the original file, unless signed
with a digital signature as defined in Paragraph (j) of this
Rule.
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1144
(i) After removal of the seal, the electronic media shall have
the following language inserted in lieu of the signature and
date:
This document originally issued and sealed by (name
of sealer), (license number), on (Date of sealing).
This medium shall not be considered a certified
document. Hardcopy documents containing the
original seal, signature, and date may be obtained
from (name of sealer).
(j) The scanned digital files of certified documents that cannot
be altered are not subject to the requirements of this
Paragraph. The electronic transmission of CAD, vector or
other similar files subject to easy editing are subject to the
requirements of this Paragraph. Easy editing is based on the
file consisting of separate elements that can be modified or
deleted in part or in whole.
(i) Documents to be electronically transmitted that are signed
using a digital signature shall contain the authentication
procedure in a secure mode and a list of the hardware,
software and parameters used to prepare the document(s).
Secure mode means that the authentication procedure has
protective measures to prevent alteration or overriding of the
authentication procedure. The term "digital signature" shall be
an electronic authentication process that is attached to or
logically associated with an electronic document. The digital
signature shall be:
(1) Unique to the licensee using it;
(2) Capable of verification;
(3) Under the sole control of the licensee; and
(4) Linked to a document in such a manner that
the digital signature is invalidated if any
data in the document is changed.
Authority G.S. 89A-3(c); 89A-7.
SECTION .0300 - EXAMINATION AND LICENSING
PROCEDURES
21 NCAC 26 .0301 EXAMINATION
(a) Notice. The Board shall hold at least one examination
during each year and may hold such additional examinations
as may appear necessary. The secretary shall give public
notice of the time and place for each examination at least 60
days in advance of the date set for the examination.
(b) Examination. The Landscape Architect Registration
Examination published by the Council of Landscape
Architectural Registration Boards shall be the examination
given by the Board, so long as the Board shall remain a
member of the Council of Landscape Architectural
Registration Boards. The Board in its discretion may
administer a state supplement to the Uniform National
Examination Landscape Architecture Registration Exam
(LARE) as allowed by the Council.
(c) Qualified applicants who are admitted to the Landscape
Architects Registration Examination who do not successfully
complete all parts of the examination shall be admitted to as
many subsequent Uniform National Examinations as
necessary until the examination is successfully completed.
Such applicants shall be required to pay the prescribed fees for
the examination. "Qualified Applicant" - An applicant is
deemed qualified to take the Landscape Architects
Registration Examination (LARE) upon graduation from a
Landscape Architect's Accreditation Board (LAAB) accredited
collegiate curriculum in landscape architecture and has
completed the equivalent educational and experience as set
forth in Paragraphs (d) and (e) of this Rule.
(d) Educational Equivalents. In allowing credit for education
and experience in fulfilling the minimum qualification
requirements established by statute, the Board will allow
credit for educational experience as follows:
(1) Degree in Landscape Architecture from
accredited curriculum approved by the
Board: Maximum Credit - 100 percent;
(2) Degree in Landscape Architecture from
non-accredited curriculum approved by the
Board:
(A) first two years - 100 percent;
(B) succeeding years - 100 percent;
(C) maximum credit - 4 years.
(3) Credits in landscape architecture from an
accredited curriculum approved by the
Board:
(A) each year - 100 percent;
(B) maximum credit - 3 years.
(4) Credits in landscape architecture from a
non-accredited curriculum approved by the
Board:
(A) first two years - 100 percent;
(B) succeeding years - 67 percent;
(C) maximum credit - 3 years.
(5) Degree (or credits toward a degree) in
architecture, civil engineering, and
ornamental horticulture:
(A) first two years - 100 percent;
(B) succeeding years - 50 percent;
(C) maximum credit - 3 years.
(6) BS or AB Degree (or credits toward a
degree) in curricula not covered in Rule
.0301 (e)(5) as approved by the Board:
(A) first two years - 75 percent;
(B) succeeding years - 25 percent;
(C) maximum credit - 2 years.
(7) Work at a community college shall be
creditable only to the extent that North
Carolina State University at Raleigh or
North Carolina A&T University at
Greensboro would accept the work toward
the requirements of an undergraduate or
graduate degree in Landscape Architecture.
(8) Education Equivalency shall be based on
full-time enrollment as prescribed by the
institution of higher education attended or
based on the percentage of credits required
for the degree being sought; assuming that
one should earn 25% of the required credits
each academic year.
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1145
(9) Maximum cumulative educational credit
shall be 4 years.
(e) Experience Equivalents. In allowing credit for education
and experience in fulfilling the minimum qualification
requirements established by statute, the Board will allow
credit for professional experience as follows:
(1) Practical training and experience in the
office of a Landscape Architect in a position
of responsible charge after receiving a
degree in landscape architecture or related
field.
(A) allowable credit - 100 percent;
(B) maximum credit - no limit.
(2) Practical training and experience in the
office of a Landscape Architect in periods of
12 months or more and after completing
75% of the requirements for a degree in
landscape architecture or related field.
(A) allowable credit - 75 percent;
(B) maximum credit - no limit.
(3) Practical training and experience in the
office of a Landscape Architect in periods of
three months or more prior to completing
75% of the requirements for a degree in
landscape architecture or related field.
(A) allowable credit - 50 percent;
(B) maximum credit - no limit.
(4) Full-time research or teaching in a landscape
architectural curriculum as approved by the
Board.
(A) allowable credit - 50 percent;
(B) maximum credit - 2 years.
(5) Employment by governmental agencies
when diversified and comparable to
employment in the office of a Landscape
Architect, provided that the work is directly
related to landscape architecture, and:
(A) The supervisor is a licensed
Landscape Architect.
(i) allowable credit - 100
percent;
(ii) maximum credit - no
limit.
(B) The supervisor is not a Landscape
Architect.
(i) allowable credit - 75
percent;
(ii) maximum credit - no
limit.
(6) Employment doing landscape architectural
type work by an organization having
employees perform such work in connection
with projects owned or managed by the
organization, and:
(A) The supervisor is a licensed
Landscape Architect.
(i) allowable credit - 100
percent;
(ii) maximum credit - no
limit.
(B) The supervisor is not a Landscape
Architect.
(i) allowable credit - 100
Percent;
(ii) maximum credit - no
limit.
(7) Employment or self-employment as an
architect, or professional engineer (civil).
(A) allowable credit - 75 percent;
(B) maximum credit - no limit.
(8) Employment or self-employment as a
professional engineer (other than civil
engineer) nurseryman, horticulturist, land
surveyor, landscape contractor, or in similar
related activities approved by the Board.
(A) allowable credit - 50 percent;
(B) maximum credit - no limit.
(9) Experience credits shall be based on a full-time
work week of 40 hours and a work year
of at least 2,000 hours. Part-time work must
be fully described and can be given
proportional credit.
(10) No credit will be given for experience of
less than three months duration.
(11) One cannot receive both educational credit
and experience credit for the same period of
time.
Authority G.S. 89A-3(c); 89A-4(a), (b).
21 NCAC 26 .0303 CERTIFICATE OF
RECIPROCITY
(a) To assure that the requirements of the other state are at
least equivalent to those of this state, the applicant shall be
required to show evidence of education and experience equal
to those required of applicants residing in this state who seek
registration by examination.
(b) An application for a certificate of registration by
reciprocity must be made on the form prescribed by the board
and must be accompanied by the prescribed fee.
(c) To be approved for a certificate of registration by
reciprocity, the applicant must meet the following
requirements:
(1) Provide evidence of having successfully
completed the Uniform National
Examination for Landscape Architects
Landscape Architecture Registration
Examination published by the Council of
Landscape Architectural Registration
Boards or hold a certificate issued by the
Council of Landscape Architectural
Registration Boards;
(2) Provide certification from the proper official
of any state having a landscape architectural
registration act that the individual is
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1146
currently registered and in good standing in
that state;
(3) Submit such additional information as may
be requested by the board;
(4) Submit examples of work upon request;
(5) Take a written or oral examination, if
requested to do so.
Authority G.S. 89A-3(c); 89A-4(c).
* * * * * * * * * * * * * * * * * * * *
CHAPTER 32 – NORTH CAROLINA MEDICAL
BOARD
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Medical Board intends to amend the rules
cited as 21 NCAC 32B .0209, .0213, .0308, .0506 - .0507; 32R
.0102.
Proposed Effective Date: May 1, 2007
Public Hearing:
Date: January 22, 2007
Time: 10:00 a.m.
Location: NC Medical Board, 1203 Front Street, Raleigh, NC
27609
Reason for Proposed Action:
21 NCAC 32B .0209, .0308, and .0506 - The referenced rules
are proposed for amendment based on a change in 90-15
which allowed for the fees to be increased.
21 NCAC 32B .0213 – To identify the correct program for
approving training programs. LCME approves medical
schools but does not approve training programs. ACGME
and AOA approve training programs.
21 NCAC 32B .0507 – To be consistent with 21 NCAC 32B
.0302, which was changed in July 2004 to require an original
ECFMG Certification Status Report.
21 NCAC 32R .0102 – This rule is being amended to clarify
categories that are approved for continuing medical
education.
Procedure by which a person can object to the agency on a
proposed rule: A person may submit objections to the
proposed amendments by March 5, 2007, by writing to R.
David Henderson, Executive Director, North Carolina
Medical Board, 1203 Front Street, Raleigh, NC 27609.
Comments may be submitted to: R. David Henderson, 1203
Front Street, Raleigh, NC 27609, phone (919) 326-1100, fax
(919) 326-1131, email david.henderson@ncmedboard.org
Comment period ends: March 5, 2007
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. If the Rules Review Commission
receives written and signed objections 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 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
SUBCHAPTER 32B – LICENSE TO PRACTICE
MEDICINE
SECTION .0200 - LICENSE BY WRITTEN
EXAMINATION
21 NCAC 32B .0209 EXAMINATION FEE
(a) A fee of two hundred and fifty dollars ($250.00) three
hundred and fifty dollars ($350.00) is due at the time of
application.
(b) In the event the applicant does not appear for the exam,
licensure is denied, or the application is withdrawn no portion
of the fee shall be refunded.
Authority G.S. 90-15.
21 NCAC 32B .0213 GRADUATE MEDICAL
EDUCATION AND TRAINING FOR LICENSURE
Before licensure, physicians who pass the written examination
shall furnish the following current credentials:
(1) Board application questionnaire;
(2) Proof of graduate medical education and
training taken after graduation from medical
school, (except for a dentist as permitted in
G.S. 90-9(2)), as follows:
(a) A graduate of a medical school
approved by LCME or AOA must
have satisfactorily completed one
year of graduate medical education
and training approved by ACGME
or AOA.
(b) A graduate of a medical school not
approved by LCME or AOA must
have satisfactorily completed three
years of graduate medical
education and training approved by
ACGME or AOA;
(c) A graduate of a medical school not
approved by LCME or AOA may
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1147
satisfy the three-year postgraduate
training requirement with at least
one year of LCME ACGME or
AOA approved training in
combination with certification by a
specialty board recognized by the
ABMS or AOA.
(3) Letters from all training program directors
since passing the written examination
regarding standing and length of training;
(4) Reports from all relative state agencies in
which the applicant has ever held a
professional license to include medical,
dental, nursing and law, indicating the status
of the applicant's license and whether or not
the license has been revoked, suspended,
surrendered, or placed on probation (must be
mailed directly from other state agencies to
the Board).
(5) AMA Physician Profile (requested by
applicant of AMA);
(6) FSMB Data Bank Inquiry (requested by
applicant of FSMB); and
(7) AOIA Physician Profile (requested by
applicant of AOIA) if applicant is an
osteopathic physician).
Authority G.S. 90-9.
SECTION .0300 – LICENSE BY ENDORSEMENT
21 NCAC 32B .0308 FEE
A fee of two hundred and fifty dollars ($250.00) three hundred
and fifty dollars ($350.00) is due at the time of application. In
the event the applicant does not appear for a scheduled
personal interview, no portion of the fee may be refunded. In
the event licensure is denied or the application is withdrawn,
no portion of the fee may be refunded.
Authority G.S. 90-15.
SECTION .0500 - RESIDENT'S TRAINING LICENSE
21 NCAC 32B .0506 FEE
A fee of twenty-five dollars ($25.00) one hundred dollars
($100.00) is due at the time of application. No portion of the
application fee is refundable.
Authority G.S. 90-15.
21 NCAC 32B .0507 ECFMG CERTIFICATION
To be eligible for a resident's training license, applicants who
are graduates of medical schools other than those approved by
LCME or AOA must furnish a photocopy an original ECFMG
Certification Status Report, of a currently valid standard
certificate of the ECFMG. Upon passing the ECFMG
examination and successfully completing an approved Fifth
Pathway Program, ECFMG certification may be waived by the
Board.
Authority G.S. 90-15.
SUBCHAPTER 32R – CONTINUING MEDICAL
EDUCATION (CME) REQUIREMENTS
SECTION .0100 – CONTINUING MEDICAL
EDUCATION (CME) REQUIREMENTS
21 NCAC 32R .0102 APPROVED CATEGORIES OF
CME
The following are the approved categories of CME:
(1) Educational Provider-Initiated CME: All
education offered by institutions or
organizations accredited by the
Accreditation Council on Continuing
Medical Education (ACCME) and
reciprocating organizations or American
Osteopathic Association (AOA) including:
(a) Formal courses
(b) Scientific/clinical presentations, or
publications
(c) Enduring Material (printed or
electronic materials)
(d) Skill development
(e) Performance improvement
activities
(2) Physician-Initiated CME:
(a) Practice based self study
(b) Colleague Consultations
(c) Office based outcomes research
(d)(c) Study initiated by patient inquiries
(e)(d) Study of community health
problems
(f)(e) Successful Specialty Board Exam
for certification or recertification
(g)(f) Teaching (professional,
patient/public health)
(h)(g) Mentoring
(i)(h) Morbidity and Mortality (M&M)
conference
(j)(i) Journal clubs
(k)(j) Creation of generic patient care
pathways and guidelines
(l)(k) Competency Assessment
Authority G.S. 90-14(a)(15).
CHAPTER 32 – NORTH CAROLINA MEDICAL BOARD
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Medical Board intends to adopt the rule
cited as 21 NCAC 32B .1001.
Proposed Effective Date: June 1, 2007
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1148
Public Hearing:
Date: February 13, 2007
Time: 10:00 a.m.
Location: N.C. Medical Board, 1203 Front Street, Raleigh,
NC 27609
Reason for Proposed Action: To clarify the responsibility of
supervising physicians that in order to supervise an allied
health professional who prescribe controlled substances, the
supervising physician must also be able to lawfully prescribe
the same medications as that allied health professional.
Procedure by which a person can object to the agency on a
proposed rule: Person may submit objections to this Rule by
contacting R. David Henderson, Executive Director, North
Carolina Medical Board, 1203 Front Street, Raleigh, NC
27609, fax (919) 326-1131 or email info@ncmedboard.org.
Comments may be submitted to: R. David Henderson,
Executive Director, North Carolina Medical Board, 1203
Front Street, Raleigh, NC 27609, phone (919) 326-1100, fax
(919) 326-1131, email david.henderson@ncmedboard.org
Comment period ends: March 5, 2007
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. If the Rules Review Commission
receives written and signed objections 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 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
SUBCHAPTER 32B – LICENSE TO PRACTICE
MEDICINE
SECTION .1000 - PRESCRIBING
21 NCAC 32B .1001 AUTHORITY TO PRESCRIBE
(a) A license to practice medicine issued under this
Subchapter allows the physician to prescribe medications,
including controlled substances, so long as the following
conditions are met:
(1) the physician complies with all state and
federal laws and regulations governing the
writing and issuance of prescriptions; and
(2) the physician comports with acceptable and
prevailing standards of medical practice, and
the ethics of the profession, in the writing
and issuance of prescriptions.
(b) A physician must possess a valid United States Drug
Enforcement Administration ("DEA") registration in order for
the physician to supervise an allied health professional
(physician assistant, nurse practitioner, clinical pharmacist
practitioner) with prescriptive authority for controlled
substances. In addition, the DEA registration of the
supervising physician must be for the same schedule(s) of
controlled substances as the allied health professional's DEA
registration.
Authority G.S. 90-2(a).
* * * * * * * * * * * * * * * * * * * * *
CHAPTER 38 - BOARD OF OCCUPATIONAL
THERAPISTS
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Board of Occupational Therapy intends to
adopt the rules cited as 21 NCAC 38 .0801 - .0808, .0901 -
.0905, .1001 - .1005, .1101 - .1102 and amend the rules cited
as 21 NCAC 38 .0101 - .0103, .0201, .0204, .0301 - .0305,
.0401 - .0402, .0502, .0701 - .0704.
Proposed Effective Date: July 1, 2007
Public Hearing:
Date: January 22, 2007
Time: 1:00 p.m.
Location: Wachovia Capital Center, 13th Floor Conference
Room, 150 Fayetteville Street, Raleigh, NC 27601
Reason for Proposed Action: These amendments are being
submitted to implement and interpret the recently enacted
amendments to the North Carolina Occupational Therapy
Practice Act as contained in Session Law #2005-432.
Procedure by which a person can object to the agency on a
proposed rule: Any person may object to any of these
proposed adoptions by submitting a written statement to
Charles P. Wilkins at P.O. Box 2280, Raleigh, NC 27602,
postmarked on or before March 5, 2007.
Comments may be submitted to: Charles P. Wilkins, P.O.
Box 2280, Raleigh, NC 27602, phone (919) 833-2752, fax
(919) 833-1059, email cwilkins@bws-law.com
Comment period ends: March 5, 2007
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1149
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections 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 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
SECTION .0100 - ORGANIZATION AND GENERAL
PROVISIONS
21 NCAC 38 .0101 PURPOSE
It is the responsibility of the Board to license occupational
therapists and occupational therapisttherapy assistants and to
see that the qualifications and activities of those engaged in
occupational therapy are in accord with law and in the best
interest of the public.
The Board is not a Board of arbitration and has no jurisdiction
to settle disputes between parties.
Authority G.S. 90-270.66; 90-270.69.
21 NCAC 38 .0102 BOARD OFFICE
The administrative offices of the North Carolina Board of
Occupational Therapy are located at:
First UnionWachovia Capitol Center
150 Fayetteville Street Mall, Suite 1900
P.O. Box 2280
Raleigh, North Carolina 27602
Telephone: (919) 832-1380
Office hours are 9:00 a.m. until 5:00 p.m., Monday through
Friday, except holidays.
Authority G.S. 90-270.69(5).
21 NCAC 38 .0103 DEFINITIONS
The definitions in G.S. 90-270.67 apply to this Chapter. The
following definitions also apply to the Chapter:
(1) "Activities of daily living" means self-care
activities.
(2) "Assessment" means the specific tools or
instruments that are used during the
evaluation process.
(3) "Entry-level" means a person who has no
experience in a specific position, such as a
new graduate, a person new to the position,
or a person in a new setting with no previous
experience in that area of practice.
(4) "Evaluation" means the process of obtaining
and interpreting data necessary for
intervention. This includes planning for and
documenting the evaluation process and
results.
(5) "Instrumental activities of daily living"
means multi-step activities to care for self
and others, such as household management,
financial management and childcare.
(6) "Intervention" means treatment.
(7) "Intervention plan" is the program
established by the occupational therapist for
the delivery of occupational therapy
services. It may also be referred to as
treatment plan, individualized education
plan (IEP), individualized family service
plan (IFSP), plan of care, or other
terminology as determined by the
occupational therapy service delivery
setting.
(8) "Level I Fieldwork" provides introductory
level clinical training opportunities.
(9) "Level II Fieldwork" provides clinical
training in preparation for entry-level
practice.
(10) "Neglect of duty" occurs when a Board
member fails to attend a majority of the
official meetings of the Board within any 12
month period.
(11) "Occupational Therapy", as defined in G.S.
90-270.67(4), may include evaluation of
activities of daily living (ADL), instrumental
activities of daily living (IADL), education,
work, play, leisure, and social participation.
(12) "Occupational Therapy evaluation,
treatment, and consultation" include the
following:
(a) remediation or restitution of
performance abilities that are
limited due to impairment in
biological, physiological,
psychosocial and developmental
process;
(b) adaptation of skills, process or
environment, or the teachings of
compensatory techniques in order
to enhance performance;
(c) disability prevention methods and
techniques which facilitate the
development or safe application of
performance skills;
(d) health promotion strategies and
practices which enhance
performance abilities;
(13) "Occupational therapy practitioner" means
an individual currently licensed by the
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1150
Board, as an occupational therapist or an
occupational therapy assistant.
(14) "Occupational therapy services" include the
following:
(a) screening, evaluating, developing,
improving, sustaining or restoring
skills in activities of daily living,
work or productive activities,
including instrumental activities of
daily living, and play and leisure
activities;
(b) evaluating, developing,
remediating, or restoring
sensorimotor, cognitive, or
psychosocial components of
performance;
(c) designing, fabricating, or training
in the use of assistive technology,
upper extremity orthotic devices
and lower extremity positioning
orthotic devices;
(d) training in the use of prosthetic
devices, excluding gait training;
(e) adaptation of environments and
processes, including the application
of ergonomic principles, to enhance
performance and safety in daily life
roles;
(f) application of physical agent
modalities based on physician order
as an adjunct to or in preparation
for engagement in purposeful
activities;
(g) evaluating and providing
intervention and case management
in collaboration with the client's
family, caregiver, or other involved
individuals or professionals;
(h) educating the client, family,
caregiver, or others in carrying out
non-skilled interventions;
(i) consulting with groups, programs,
organizations, or communities to
provide population-based services.
(15) "Occupational therapy student" means an
individual currently enrolled in an
occupational therapist or occupational
therapy assistant program accredited by the
Accreditation Council for Occupational
Therapy Education (ACOTE).
(16) "Practice Act" refers to the North Carolina
Occupational Therapy Practice Act found in
G.S. 90-270.65 et.seq.
(17) "Screening" means obtaining and reviewing
data relevant to a potential client to
determine the need for further evaluation
and intervention.
(18) "Service Competency" is the ability to
provide occupational therapy services in a
safe and effective manner. It implies that
two practitioners can perform the same or
equivalent procedure and obtain the same
result.
(19) "Skilled occupational" therapy services
means functions that require the exercise of
professional occupational therapy judgment,
including the interpretation of referrals,
screening, assessment, evaluation,
development or modification of intervention
plans, implementation of intervention,
reassessment, or discharge planning.
(20) "Supervision" is the process by which two
or more people participate in joint effort to
establish, maintain and elevate a level of
performance to ensure the safety and welfare
of clients during the provision of
occupational therapy. A variety of types and
methods of supervision may be used.
Methods may include direct face-to-face
contact and indirect contact. Examples of
methods or types of supervision that involve
face-to-face contact include observation,
modeling, co-treatment, discussions,
teaching, instruction, and video
teleconferencing. Examples of methods or
types of supervision that involve indirect
contact include phone conversations, written
correspondence, electronic exchanges, and
other methods using secure
telecommunication technology. Supervision
is structured according to the supervisee's
qualifications, position, level of preparation,
depth of experience and the environment
within which the supervisee functions. A
change in practice setting may require a
change in level of supervision until service
competency has been established. Levels of
supervision are:
(a) "Close supervision" requires daily,
direct contact at the service
delivery site (where intervention
plan is provided).
(b) "Routine supervision" requires
direct contact at least every two
weeks, with interim supervision
occurring by other methods, such
as telephone or written
communication.
(c) "General supervision" requires at
least monthly direct contact, with
supervision available as needed by
other methods.
(d) "Direct supervision" means the
Occupational Therapy practitioner
must be within audible and visual
PROPOSED RULES
21:13 NORTH CAROLINA REGISTER JANUARY 1,
2007
1151
range of the client and unlicensed
personnel and available for
immediate physical intervention.
Direct supervision is required for
unlicensed personnel.
(21) "Unlicensed personnel" means individuals
within an occupational therapy setting who
work under the direct supervision of
occupational therapy practitioners to provide
non-intervention services.
Authority G.S. 90-270.67; 90-270.69(4).
SECTION .0200 - APPLICATION FOR LICENSE
21 NCAC 38 .0201 APPLICATION PROCESS
Each applicant, including those trained outside the United
States or its territories, for an occupational therapist or
occupational therapisttherapy assistant license shall complete
an application form provided by the Board. This form shall be
submitted to the Board and shall be accompanied by:
(1) one recent head and shoulders photograph
(passport type)type), taken within the past
six months, of the applicant of acceptable
quality for identification, two inches by two
inches in size;
(2) the proper fees, as required by 21 NCAC 38
.0204;
(3) documentation from the applicant's
educational institution that the applicant for
licensure:
(a) as an occupational therapist has
successfully completed an
accredited occupational therapy
educational curriculum in the
United States or its territories
approved by the Board and that the
applicant has successfully
completed the therapist level field
work requirements as stipulated in
the Essentials of an Accredited
Educational Program for the
Occupational Therapist published
by the American Occupational
Therapy Association, which is
adopted by reference under G.S.
150B-14(c);
(b) as an occupational therapist
assistant has successfully
completed an accredited
occupational therapy assistant
educational curriculum in the
United States or its territories
approved by the Board and that the
applicant has successfully
completed the occupational
therapist assistant level field work
requirements as stipulated in the
Essentials of an Accredited
Educational Program for the
Occupational Therapist Assistant
published by the American
Occupational Therapy Association,
which is adopted by reference
under G.S. 150B-14(c).
(4) a form provided by the Board containing
signed statements from two state licensed
occupational therapiststherapy practitioners
certified by the American Occupational
Therapy Certification Board (AOTCB)
attesting to the applicant's good moral
character; and
(5)(3) satisfactory evidence from the
AOTCBNational Board for Certification of
Occupational Therapy (NBCOT) of
successful completion of the certification
examination administered by it. Evidence of
successful completion of the
AOTCBNBCOT certification examination
willshall be accepted as proof of graduation
from an accredited curriculum and
successful completion of field work
requirements.requirements;
(5) successful completion of a jurisprudence
exam administered by the Board.
Authority G.S. 90-270.69(4); 90-270.70.
21 NCAC 38 .0204 FEES
(a) Fees are as follows:
(1) a request for an initial application for
licensure as an occupational therapist, an
occupational therapist therapy assistant or a
provisional licenseelimited permittee is ten
dollars ($10.00);
(2) consideration of the application for issuance
of a license or re-issuance of an expired
license is one hundred dollars ($100.00);
(3) annual renewal of a license is fifty dollars
($50.00);
(4) late renewal of a license is an additional fifty
dollars ($50.00);
(5) issuance of a provisional licenselimited
permit is thirty-five dollars ($35.00).
(b) Fees shall be non-refundable and shall be paid in cash or
in the form of a cashier's check, certified check or money
order made payable to the North Carolina Board of
Occupational Therapy. However, personalPersonal checks
mayshall be accepted for payment of