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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
Object Description
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Title | North Carolina register |
Date | 2007-01-02 |
Description | Volume 21, Issue 13, (January 2, 2007) |
Digital Characteristics-A | 925 KB; 129 p. |
Digital Format |
application/pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_borndigital\images_master\ |
Full Text | 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 |
OCLC number | 13686205 |