This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 26 ● ISSUE 05 ● Pages 363 – 439
September 1, 2011
I. EXECUTIVE ORDERS
Executive Order No. 98-101 ............................................................................... 363 – 370
II. IN ADDITION
Decision Letters on "Changes Affecting Voting" from US Attorney General ... 371 – 372
III. PROPOSED RULES
Environment and Natural Resources, Department of
Environmental Management Commission ...................................................... 375 – 379
Wildlife Resources Commission ..................................................................... 379 – 380
Health and Human Services, Department of
Child Care Commission .................................................................................. 373 – 375
IV. APPROVED RULES ........................................................................................ 381 – 417
Commerce, Department of
Alcoholic Beverage Control Commission
Health and Human Services, Department of
Child Care Commission
Social Services Commission
Justice, Department of
Sheriffs' Education and Training Standards Commission
Labor, Department of
Department
Occupational Licensing Boards and Commission
Chiropractic Examiners, Board of
Engineers and Surveyors, Board of Examiners for
Irrigation Contractors' Licensing Board
Nursing, Board of
V. RULES REVIEW COMMISSION ................................................................. 418 – 423
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions ...................................................................................... 424 – 426
Text of ALJ Decisions
10 EHR 08355 ................................................................................................. 427 – 439
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
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Molly Masich, Codifier of Rules molly.masich@oah.nc.gov (919) 431-3071
Dana Vojtko, Publications Coordinator dana.vojtko@oah.nc.gov (919) 431-3075
Julie Edwards, Editorial Assistant julie.edwards@oah.nc.gov (919) 431-3073
Tammara Chalmers, Editorial Assistant tammara.chalmers@oah.nc.gov (919) 431-3083
Rule Review and Legal Issues
Rules Review Commission
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Joe DeLuca Jr., Commission Counsel joe.deluca@oah.nc.gov (919) 431-3081
Bobby Bryan, Commission Counsel bobby.bryan@oah.nc.gov (919) 431-3079
Fiscal Notes & Economic Analysis and Governor's Review
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
Contact: Anca Grozav, Economic Analyst osbmruleanalysis@osbm.nc.gov (919) 807-4740
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Erin L. Wynia ewynia@nclm.org
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 Karen.cochrane-brown@ncleg.net
Jeff Hudson, Staff Attorney Jeffrey.hudson@ncleg.net
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2011 – December 2011
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
31st legislative day of the
session beginning:
270th day from publication
in the Register
25:13 01/03/11 12/08/10 01/18/11 03/04/11 03/21/11 05/01/11 05/2012 09/30/11
25:14 01/18/11 12/22/10 02/02/11 03/21/11 03/21/11 05/01/11 05/2012 10/15/11
25:15 02/01/11 01/10/11 02/16/11 04/04/11 04/20/11 06/01/11 05/2012 10/29/11
25:16 02/15/11 01/25/11 03/02/11 04/18/11 04/20/11 06/01/11 05/2012 11/12/11
25:17 03/01/11 02/08/11 03/16/11 05/02/11 05/20/11 07/01/11 05/2012 11/26/11
25:18 03/15/11 02/22/11 03/30/11 05/16/11 05/20/11 07/01/11 05/2012 12/10/11
25:19 04/01/11 03/11/11 04/16/11 05/31/11 06/20/11 08/01/11 05/2012 12/27/11
25:20 04/15/11 03/25/11 04/30/11 06/14/11 06/20/11 08/01/11 05/2012 01/10/12
25:21 05/02/11 04/08/11 05/17/11 07/01/11 07/20/11 09/01/11 05/2012 01/27/12
25:22 05/16/11 04/25/11 05/31/11 07/15/11 07/20/11 09/01/11 05/2012 02/10/12
25:23 06/01/11 05/10/11 06/16/11 08/01/11 08/22/11 10/01/11 05/2012 02/26/12
25:24 06/15/11 05/24/11 06/30/11 08/15/11 08/22/11 10/01/11 05/2012 03/11/12
26:01 07/01/11 06/10/11 07/16/11 08/30/11 09/20/11 11/01/11 05/2012 03/27/12
26:02 07/15/11 06/23/11 07/30/11 09/13/11 09/20/11 11/01/11 05/2012 04/10/12
26:03 08/01/11 07/11/11 08/16/11 09/30/11 10/20/11 12/01/11 05/2012 04/27/12
26:04 08/15/11 07/25/11 08/30/11 10/14/11 10/20/11 12/01/11 05/2012 05/11/12
26:05 09/01/11 08/11/11 09/16/11 10/31/11 11/21/11 01/01/12 05/2012 05/28/12
26:06 09/15/11 08/24/11 09/30/11 11/14/11 11/21/11 01/01/12 05/2012 06/11/12
26:07 10/03/11 09/12/11 10/18/11 12/02/11 12/20/11 02/01/12 05/2012 06/29/12
26:08 10/17/11 09/26/11 11/01/11 12/16/11 12/20/11 02/01/12 05/2012 07/13/12
26:09 11/01/11 10/11/11 11/16/11 01/03/12 01/20/12 03/01/12 05/2012 07/28/12
26:10 11/15/11 10/24/11 11/30/11 01/17/12 01/20/12 03/01/12 05/2012 08/11/12
26:11 12/01/11 11/07/11 12/16/11 01/30/12 02/20/12 04/01/12 05/2012 08/27/12
26:12 12/15/11 11/22/11 12/30/11 02/13/12 02/20/12 04/01/12 05/2012 09/10/12
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
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EXECUTIVE ORDERS
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EXECUTIVE ORDERS
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EXECUTIVE ORDERS
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EXECUTIVE ORDERS
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EXECUTIVE ORDERS
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EXECUTIVE ORDERS
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EXECUTIVE ORDERS
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IN ADDITION
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IN ADDITION
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PROPOSED RULES
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Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Child Care Commission intends to adopt the rule cited as
10A NCAC 09 .1725 and amend the rules cited as .0604, .1719
and .2904.
Link to agency website pursuant to G.S. 150B.19.1(c):
http://ncchildcare.dhhs.state.nc.us/general/whatsnew.asp
Proposed Effective Date: January 1, 2012
Public Hearing:
Date: September 27, 2011
Time: 1:30 p.m.
Location: Division of Child Development and Early Education,
319 Chapanoke Road, Suite 120, Room 300, Raleigh, NC
Reason for Proposed Action: The NC Child Care Commission
proposes rule-making in direct response to comments that were
received from the public and the Child Fatality Task Force
requesting rule-making to improve the safety and welfare of
children while in child care. Amendments to Rules .0604 and
.1719(6) are proposed as the result of incidents in which
children were burned by the contents within a crock pot when
the electrical cord was pulled and the pot fell down. The
amended rule states that small appliances with heating elements
and/or cords shall not be accessible to preschool children.
The adoption of Rule .1725 is proposed as a result of concerns
related to injuries from small appliances as well as an incident
in which a child was attacked by a dog while in care at a family
child care home. This rule would require the provider to inform
parents if they do or do not carry accidental or liability
insurance. The parent can then decide whether or not to enroll
their child in the facility. Amendments to Rules .1719(10) and
(11) also would notify parents if the facility maintains any
animals on the premises and would require the child care
provider to secure all animals (indoors or outdoors) while
children are in care.
Rule 10A NCAC 09 .2904(c) regards the enrollment of children
who are typically developing in developmental day preschool
classrooms. The goal of the rule is to have inclusive classrooms
so that developmental day classrooms include typically
developing children along with children that have special needs.
However, during regular child care program visits, DCDEE
found that the rule causes difficulties in classrooms due to
frequent enrollment changes, which are common and lead to
programs being deemed as out of compliance with the rule. In
order to comply with the rule as it is now, it would require the
dismissal of 50% of the special needs children served in order to
accommodate typical children. Schools continually turn away
special needs children whose parents want placement for their
children. Without an amendment to the rule, the program and
services currently provided would be lost to the community and
the children of Wake County. Inclusive classrooms that include
typically developing children along with children with special
needs is also considered as best practice according to current
early childhood research. Amendments to Rule .2904(c), will
eliminate the enrollment capacity of 50% or more for typically
developing children in a developmental day preschool classroom
Procedure by which a person can object to the agency on a
proposed rule: Anyone wishing to comment on these proposed
rules or would like to request copies of the rules, should contact
Dedra Alston, Rule-making Coordinator, NC Division of Child
Development and Early Education, 2201 Mail Service Center,
Raleigh, NC 27699-2201, at (919)890-7060 or
Dedra.Alston@dhhs.nc.gov. Written comments will be accepted
through October 31, 2011. Oral Comments may be made during
the public hearing. The Commission Chair may impose time
limits for oral remarks.
Comments may be submitted to: Dedra Alston, 2201 Mail
Service Center, Raleigh, NC 27603, phone (919)890-7060, fax
(919)662-4568, email Dedra.Alston@dhhs.nc.gov
Comment period ends: October 31, 2011
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
PROPOSED RULES
26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011
374
Local funds affected
Date submitted to OSBM:
Substantial economic impact (≥$500,000)
Approved by OSBM
Approval by OSBM not required
CHAPTER 09 - CHILD CARE RULES
SECTION .0600 - SAFETY REQUIREMENTS FOR
CHILD CARE CENTERS
10A NCAC 09 .0604 GENERAL SAFETY
REQUIREMENTS
(a) Potentially hazardous items, such as archery equipment,
hand and power tools, nails, chemicals, propane stoves, lawn
mowers, and gasoline or kerosene, whether or not intended for
use by children, shall be stored in locked areas or with other
safeguards, or shall be removed from the premises.
(b) Firearms and ammunition are prohibited in a licensed child
care program unless carried by a law enforcement officer.
(c) Electrical outlets not in use which are located in space used
by the children shall be covered with safety plugs unless located
behind furniture or equipment that cannot be moved by a child.
(d) Electric fans shall be mounted out of the reach of children or
shall be fitted with a mesh guard to prevent access by children.
(e) All electrical appliances shall be used only in accordance
with the manufacturer's instructions. For small appliances with
heating elements, such as bottle warmers, crock pots, irons,
coffee pots, or curling irons, neither the appliance nor the cord,
if applicable, shall be accessible to preschool children.
(f) Electrical cords shall not be accessible to infants and
toddlers. Extension cords, except as approved by the local fire
inspector, shall not be used. Frayed or cracked electrical cords
shall be replaced.
(g) All materials used for starting fires, such as matches and
lighters, shall be kept in locked storage or shall be stored out of
the reach of children.
(h) Smoking is not permitted in space used by children when
children are present. All smoking materials shall be kept in
locked storage or out of the reach of children.
(i) Fuel burning heaters, fireplaces and floor furnaces shall be
provided with a protective screen attached securely to substantial
supports to prevent access by children and to prevent objects
from being thrown into them.
(j) Plants that are toxic shall not be in indoor or outdoor space
that is used by or is accessible to children.
(k) Air conditioning units shall be located so that they are not
accessible to children or shall be fitted with a mesh guard to
prevent objects from being thrown into them.
(l) Gas tanks shall be located so they are not accessible to the
children or shall be in a protective enclosure or surrounded by a
protective guard.
(m) Cribs and playpens shall be placed so that the children
occupying them shall not have access to cords or ropes, such as
venetian blind cords.
(n) Once a day, prior to initial use, the indoor and outdoor
premises shall be checked for debris, vandalism, and broken
equipment. Debris shall be removed and disposed.
(o) Plastic bags, toys, and toy parts small enough to be
swallowed, and materials that can be easily torn apart such as
foam rubber and styrofoam, shall not be accessible to children
under three years of age, except that styrofoam plates and larger
pieces of foam rubber may be used for supervised art activities
and styrofoam plates may be used for food service. Latex and
rubber balloons shall not be accessible to children under five
years of age.
(p) When non-ambulatory children are in care, a crib or other
device shall be available for evacuation in case of fire or other
emergency. The crib or other device shall be fitted with wheels
in order to be easily moveable, have a reinforced bottom, and
shall be able to fit through the designated fire exit. For centers
that do not meet institutional building code, and the exit is more
than eight inches above grade, the center shall develop a plan to
ensure a safe and timely evacuation of the crib or other device.
This plan shall be demonstrated to a Division representative for
review and approval. During the monthly fire drills required by
Rule 10A NCAC 09 .0302(d)(4), the evacuation crib or other
device shall be used in the manner described in the evacuation
plan.
(q) A first aid kit must always be available on site.
Authority G.S. 110-85; 110-91(3),(6); 143B-168.3.
SECTION .1700 –FAMILY CHILD CARE HOME
REQUIREMENTS
10A NCAC 09 .1719 REQUIREMENTS FOR A SAFE
INDOOR/OUTDOOR ENVIRONMENT
The operator shall maintain a safe indoor and outdoor
environment for the children in care. In addition, the operator
shall:
(1) keep all areas used by the children, indoors
and outdoors, clean and orderly and free of
items which are potentially hazardous to
children. This includes the removal of small
items that a child can swallow. In addition,
loose nails or screws and splinters shall be
removed on inside and outside equipment;
(2) safely store equipment and supplies such as
lawnmowers, power tools, or nails, so they are
inaccessible to children;
(3) ensure that all stationary outdoor equipment is
firmly anchored and is not installed over
concrete or asphalt. Footings which anchor
the equipment shall not be exposed;
(4) securely mount electric fans out of the reach of
children or have a mesh guard on each fan;
(5) cover all electrical outlets not in use and
remove old, cracked or frayed cords in
occupied outlets;
(6) ensure that, for small appliances with heating
elements, such as bottle warmers, crock pots,
irons, coffee pots, or curling irons, neither the
appliance nor the cord, if applicable, shall be
accessible to preschool children;
(6)(7) have solid and safe indoor and outdoor stairs
and steps if these are used by the children.
PROPOSED RULES
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Indoor and outdoor stairs with two or more
steps which are used by the children shall be
railed. Indoor stairs with more than two steps
shall be made inaccessible to children in care
who are two years old or younger;
(7)(8) maintain any swimming pools or wading pools
on the premises in a manner which will
safeguard the lives and health of the children.
All swimming or wading pools used by
children in care shall meet the "Rules
Governing Public Swimming Pools," in
accordance with 15A NCAC 18A .2500 which
are hereby incorporated by reference including
subsequent amendments. A copy of these
Rules is on file at the Division at the address
given in Rule .0102 of this Subchapter Chapter
or may be obtained at no cost by writing the
North Carolina Division of Environmental
Health, 1630 Mail Service Center, Raleigh,
NC 26799-1630;
(8)(9) enclose any in-ground swimming pools by a
fence four feet high to prevent chance access
by children. The swimming pool shall be
separate from the play area. Access to the
water in above ground swimming pools shall
be prevented by locking and securing the
ladder in place or storing the ladder in a place
inaccessible to the children;
(9)(10) ensure that animals that are potentially
dangerous to children as determined by the
Division are safely secured in areas not
accessible to the children in care; and secure
all dogs in areas that are not accessible to
children in care, indoors and outdoors, except
those times when dogs are used in supervised
activities or pet therapy programs;
(11) notify parents prior to enrollment of children
of all animals on the Family Child Care Home
premises. In addition, before new animals
come onto the Family Child Care Home
premises, parents shall be notified; and
(10)(12) safely store all combustible materials that may
create a fire hazard.
Authority G.S. 110-85; 110-88; 110-91(3),(4),(5),(6).
10A NCAC 09 .1725 ACCIDENT/LIABILITY
INSURANCE
(a) The legal operator shall provide written notification to the
parent of each child enrolled that specifies the amount of
accident or liability insurance carried by the Family Child Care
Home (FCCH) operator or the lack of accident or liability
insurance coverage.
(b) Each parent must sign a statement which attests that a copy
of the FCCH's written notice regarding insurance was given to
and discussed with him or her. This statement shall be kept in
the child's file.
Authority G.S. 110-85; 110-88.
SECTION .2900 - DEVELOPMENTAL DAY SERVICES
10A NCAC 09 .2904 PROGRAM REQUIREMENTS
(a) Children shall participate in daily activities outlined in a plan
of care such as an Individualized Family Service Plan (IFSP),
Individualized Education Program (IEP), Person Centered Plan
(PCP), or for children who are typically developing, an activity
plan developed by the center. Activities shall allow children to
participate in whole group, as part of a group, or independently.
(b) In addition to the restrictions specified in 10A NCAC 09
.0713 regarding ages and grouping of children, preschool
children aged three and older shall not be grouped with school
aged children except for special events or activities such as
birthday, holiday, or cultural celebrations and special
presentations such as puppet or magic shows, a special story
teller, or a discussion of safety practices by a fireman or nurse.
Children aged birth to five years may be cared for in groups with
older children for the first and last operating hour of the day
provided the staff/child ratio for the youngest child in the group
is maintained.
(c) During the 10 month school year (as defined by the State
Board of Education), 75 percent or more of classrooms with
preschool children aged three and older, shall maintain an
enrollment capacity of 50 percent or more typically developing
children. In addition to operational policies required by 10A
NCAC 09 .2805(a), Developmental Day Center policies shall
also include a description of the ways that children with special
needs have opportunities to interact with children who are
typically developing.
Authority G.S. 110-85; 110-88(14).
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Environmental Management Commission intends to amend
the rule cited as 15A NCAC 02B .0311.
Link to agency website pursuant to G.S. 150B.19.1(c):
http://portal.ncdenr.org/web/wq/ps/csu/reclass
Proposed Effective Date: March 1, 2012
Public Hearing:
Date: September 29, 2011
Time: 7:00 p.m.
Location: Williamsburg Elementary School, 2830 NC Hwy 87,
Reidsville, NC 27320
Reason for Proposed Action: Portions of the Haw River in
Alamance, Caswell, Guilford, and Rockingham Counties (Cape
Fear River Basin) are proposed to be reclassified to Water
Supply-IV (WS-IV) Critical Area (CA) and WS-IV (Protected
Area or PA). During the drought of 2002, the City of
Greensboro (City) received permission from the Division of
Environmental Health and funding from the Division of Water
PROPOSED RULES
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Resources to construct and use an emergency intake on the Haw
River. The intake, which is a permanent structure, was utilized
from October 2007 through April 2008. Continued use of the
intake as an emergency intake requires the reclassification of the
surface waters draining to the intake.
For a riverine intake, a CA is the land and waters approximately
0.5 miles linearly upstream and draining to an intake. For this
proposal, the CA would extend along the river from the intake,
which is located approximately 650 feet upstream of Guilford
County Road 2712, to a point approximately 0.5 miles upstream
of the intake and includes approximately 316 acres of land.
There are no named tributaries to the Haw River in the proposed
CA, which is located entirely within Guilford County A PA for a
riverine intake is the lands and waters located approximately 10
miles run-of-the-river upstream and draining to an intake. For
this proposal, the PA would extend along the river from a point
approximately 0.5 miles upstream of the intake to a point
approximately 0.6 mile downstream of U.S. Route 29 and
includes approximately 18,501 acres of land. The proposed PA
includes two entire named tributaries, as well as the lower
portion of one named tributary, to the Haw River, and these
tributaries are proposed to be reclassified to include the WS-IV
designation. The PA is located within Rockingham, Guilford,
Alamance and Caswell Counties.
If reclassified, regulations affecting new development as well as
existing and new wastewater discharges would apply throughout
the water supply watershed. Other requirements, which would
apply only in the CA, are additional treatment for new industrial
process wastewater discharges, no new landfills, and no new
land application sites. Furthermore, upon reclassification,
Alamance County would be expected to implement the Jordan
Lake buffer requirements because the Jordan Lake rules apply to
the entire proposed watershed; Caswell, Guilford and
Rockingham Counties are currently implementing the Jordan
buffer requirement in the proposed watershed. Finally, the
proposed watershed is located entirely within the jurisdictions of
Alamance, Caswell, Guilford, and Rockingham Counties. These
counties would be required to, and have agreed to, modify their
water supply watershed protection ordinances within 270 days
after the reclassification effective date.
In the proposed water supply watershed, there are three NPDES
permitted wastewater discharges and two permitted animal
operations; none of these operations would be impacted by the
proposed reclassification. In addition, there are no land
application sites in the proposed watershed's CA. There are no
known planned discharges and developments in the proposed
reclassification area, and no known plans for existing
discharges to become process industrial dischargers in the
proposed area.
The public hearing and comment period are to be held in
accordance with the federal Water Pollution Control Act (the
Clean Water Act) which requires States, at least every three
years, to review and revise water quality standards to protect
aquatic life and human health. These standards are provided in
existing rules NCAC 15A 02B .0100 and .0201 through .0228.
The process is called the Triennial Review and includes an
assessment and revision of the designated uses of waters
(classifications) and the water quality criteria (standards),
which are based on the designated uses. More specifically, the
public hearing and comment period are to address the potential
assignment of a WS-IV classification to a portion of the Haw
River watershed for the purpose of protecting its proposed
designated use as a public water supply. This proposal will
result in changing the water quality standards for waters within
the above-mentioned Critical Area and Protected Area.
Procedure by which a person can object to the agency on a
proposed rule: You may attend the public hearing and provide
verbal comments that specifically address the proposed
reclassification of the Haw River. The Hearing Officer may limit
the length of time that you may speak at the public hearing, if
necessary, so that all those who wish to speak may have an
opportunity to do so. In addition, written comments addressing
the proposed reclassification of the Haw River will be accepted
until October 31, 2011.
All persons interested and potentially affected by the proposal
are encouraged to read this entire notice and make comments on
the proposed reclassification. The EMC may not adopt a rule
that differs substantially from the text of the proposed rule
published in this notice unless the EMC publishes the text of the
proposed different rule and accepts comments on the new text
[General Statute 150B 21.2 (g)]. Written comments on the
proposed reclassification of the Haw River may be submitted to
Elizabeth Kountis of the Water Quality Planning Section at the
postal address, e-mail address, or fax number listed in this
notice.
Comments may be submitted to: Elizabeth Kountis,
DENR/DWQ Planning Section, 1617 Mail Service Center,
Raleigh, NC 27699-1617, phone (919)807-6418, fax (919)807-
6497, email elizabeth.kountis@ncdenr.gov
Comment period ends: October 31, 2011
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
Local funds affected
Date submitted to OSBM: June 16, 2011
Substantial economic impact (≥$500,000)
PROPOSED RULES
26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011
377
Approved by OSBM
Approval by OSBM not required
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02B - SURFACE WATER AND
WETLAND STANDARDS
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
15A NCAC 02B .0311 CAPE FEAR RIVER BASIN
(a) The Cape Fear River Basin Schedule of Classifications and
Water Quality Standards may be inspected at the following
places:
(1) the Internet at http://h2o.enr.state.nc.us/csu/;
and
(2) the North Carolina Department of
Environment and Natural Resources:
(A) Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, North Carolina
(B) Fayetteville Regional Office
225 Green Street
Systel Building Suite 714
Fayetteville, North Carolina
(C) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina
(D) Washington Regional Office
943 Washington Square Mall
Washington, North Carolina
(E) Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina
(F) Division of Water Quality
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) The Cape Fear River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) December 14, 1980;
(4) August 9, 1981;
(5) April 1, 1982;
(6) December 1, 1983;
(7) January 1, 1985;
(8) August 1, 1985;
(9) December 1, 1985;
(10) February 1, 1986;
(11) July 1, 1987;
(12) October 1, 1987;
(13) March 1, 1988;
(14) June 1, 1988;
(15) July 1, 1988;
(16) January 1, 1990;
(17) August 1, 1990;
(18) August 3, 1992;
(19) September 1, 1994;
(20) August 1, 1998;
(21) April 1, 1999;
(22) August 1, 2002;
(23) November 1, 2004;
(24) November 1, 2007;
(25) January 1, 2009;
(26) August 11, 2009;
(27) September 1, 2009.2009;
(28) March 1, 2012.
(c) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin has been amended
effective June 1, 1988 as follows:
(1) Cane Creek [Index No. 16-21-(1)] from source
to a point 0.5 mile north of N.C. Hwy. 54
(Cane Reservoir Dam) including the Cane
Creek Reservoir and all tributaries has been
reclassified from Class WS-III to WS-I.
(2) Morgan Creek [Index No. 16-41-1-(1)] to the
University Lake dam including University
Lake and all tributaries has been reclassified
from Class WS-III to WS-I.
(d) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin has been amended
effective July 1, 1988 by the reclassification of Crane Creek
(Crains Creek) [Index No. 18-23-16-(1)] from source to mouth
of Beaver Creek including all tributaries from C to WS-III.
(e) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin has been amended
effective January 1, 1990 as follows:
(1) Intracoastal Waterway (Index No. 18-87) from
southern edge of White Oak River Basin to
western end of Permuda Island (a line from
Morris Landing to Atlantic Ocean), from the
eastern mouth of Old Topsail Creek to the
southwestern shore of Howe Creek and from
the southwest mouth of Shinn Creek to
channel marker No. 153 including all
tributaries except the King Creek Restricted
Area, Hardison Creek, Old Topsail Creek, Mill
Creek, Futch Creek and Pages Creek were
reclassified from Class SA to Class SA ORW.
(2) Topsail Sound and Middle Sound ORW Area
which includes all waters between the Barrier
Islands and the Intracoastal Waterway located
between a line running from the western most
shore of Mason Inlet to the southwestern shore
of Howe Creek and a line running from the
western shore of New Topsail Inlet to the
eastern mouth of Old Topsail Creek was
reclassified from Class SA to Class SA ORW.
(3) Masonboro Sound ORW Area which includes
all waters between the Barrier Islands and the
mainland from a line running from the
southwest mouth of Shinn Creek at the
Intracoastal Waterway to the southern shore of
Masonboro Inlet and a line running from the
Intracoastal Waterway Channel marker No.
153 to the southside of the Carolina Beach
PROPOSED RULES
26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011
378
Inlet was reclassified from Class SA to Class
SA ORW.
(f) The Schedule of Classifications and Water Quality Standards
for the Cape Fear River Basin has been amended effective
January 1, 1990 as follows: Big Alamance Creek [Index No.
16-19-(1)] from source to Lake Mackintosh Dam including all
tributaries has been reclassified from Class WS-III NSW to
Class WS-II NSW.
(g) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
waters (waters with a primary classification of WS-I, WS-II or
WS-III). These waters were reclassified to WS-I, WS-II, WS-III,
WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 02B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(h) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
June 1, 1994 as follows:
(1) The Black River from its source to the Cape
Fear River [Index Nos. 18-68-(0.5), 18-68-
(3.5) and 18-65-(11.5)] was reclassified from
Classes C Sw and C Sw HQW to Class C Sw
ORW.
(2) The South River from Big Swamp to the Black
River [Index Nos. 18-68-12-(0.5) and 18-68-
12(11.5)] was reclassified from Classes C Sw
and C Sw HQW to Class C Sw ORW.
(3) Six Runs Creek from Quewhiffle Swamp to
the Black River [Index No. 18-68-2] was
reclassified from Class C Sw to Class C Sw
ORW.
(i) The Schedule of Classifications and Water Quality Standards
for the Cape Fear River Basin was amended effective September
1, 1994 with the reclassification of the Deep River [Index No.
17-(36.5)] from the Town of Gulf-Goldston water supply intake
to US highway 421 including associated tributaries from Class C
to Classes C, WS-IV and WS-IV CA.
(j) The Schedule of Classifications and Water Quality Standards
for the Cape Fear River Basin was amended effective August 1,
1998 with the revision to the primary classification for portions
of the Deep River [Index No. 17-(28.5)] from Class WS-IV to
Class WS-V, Deep River [Index No. 17-(41.5)] from Class WS-IV
to Class C, and the Cape Fear River [Index 18-(10.5)] from
Class WS-IV to Class WS-V.
(k) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
April 1, 1999 with the reclassification of Buckhorn Creek
(Harris Lake)[Index No. 18-7-(3)] from the backwaters of Harris
Lake to the Dam at Harris Lake from Class C to Class WS-V.
(l) The Schedule of Classifications and Water Quality Standards
for the Cape Fear River Basin was amended effective April 1,
1999 with the reclassification of the Deep River [Index No. 17-
(4)] from the dam at Oakdale-Cotton Mills, Inc. to the dam at
Randleman Reservoir (located 1.6 mile upstream of U.S. Hwy
220 Business), and including tributaries from Class C and Class
B to Class WS-IV and Class WS-IV & B. Streams within the
Randleman Reservoir Critical Area have been reclassified to
WS-IV CA. The Critical Area for a WS-IV reservoir is defined
as 0.5 mile and draining to the normal pool elevation of the
reservoir. All waters within the Randleman Reservoir Water
Supply Watershed are within a designated Critical Water Supply
Watershed and are subject to a special management strategy
specified in 15A NCAC 02B .0248.
(m) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
August 1, 2002 as follows:
(1) Mill Creek [Index Nos. 18-23-11-(1), 18-23-
11-(2), 18-23-11-3, 18-23-11-(5)] from its
source to the Little River, including all
tributaries was reclassified from Class WS-III
NSW and Class WS-III B NSW to Class WS-III
NSW HQW@ and Class WS-III B NSW
HQW@.
(2) McDeed's Creek [Index Nos. 18-23-11-4, 18-
23-11-4-1] from its source to Mill Creek,
including all tributaries was reclassified from
Class WS III NSW and Class WS-III B NSW
to Class WS-III NSW HQW@ and Class WS-III
B NSW HQW@.
The "@" symbol as used in this Paragraph means that if the
governing municipality has deemed that a development is
covered under a "5/70 provision" as described in Rule 15A
NCAC 02B .0215(3)(b)(i)(E) (Fresh Surface Water Quality
Standards for Class WS-III Waters), then that development is
not subject to the stormwater requirements as described in rule
15A NCAC 02H .1006 (Stormwater Requirements: High Quality
Waters).
(n) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
November 1, 2004 as follows:
(1) A portion of Rocky River [Index Number 17-
43-(1)] from a point approximately 0.3 mile
upstream of Town of Siler City upper reservoir
dam to a point approximately 0.3 mile
downstream of Lacy Creek from WS-III to
WS-III CA.
(2) A portion of Rocky River [Index Number 17-
43-(8)] from dam at lower water supply
reservoir for Town of Siler City to a point
approximately 65 feet below dam (site of
proposed dam) from C to WS-III CA.
(3) A portion of Mud Lick Creek (Index No. 17-
43-6) from a point approximately 0.4 mile
upstream of Chatham County SR 1355 to
Town of Siler City lower water supply
reservoir from WS-III to WS-III CA.
(4) A portion of Lacy Creek (17-43-7) from a
point approximately 0.6 mile downstream of
Chatham County SR 1362 to Town of Siler
PROPOSED RULES
26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011
379
City lower water supply reservoir from WS-III
to WS-III CA.
(o) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
November 1, 2007 with the reclassifications listed below, and
the North Carolina Division of Water Quality maintains a
Geographic Information Systems data layer of these UWLs.
(1) Military Ocean Terminal Sunny Point Pools,
all on the eastern shore of the Cape Fear River
[Index No. 18-(71)] were reclassified to Class
WL UWL as defined in 15A NCAC 02B
.0101.
(2) Salters Lake Bay near Salters Lake [Index No.
18-44-4] was reclassified to Class WL UWL
as defined in 15A NCAC 02B .0101.
(3) Jones Lake Bay near Jones Lake [Index No.
18-46-7-1] was reclassified to Class WL UWL
as defined in 15A NCAC 02B .0101.
(4) Weymouth Woods Sandhill Seep near Mill
Creek [18-23-11-(1)] was reclassified to Class
WL UWL as defined in 15A NCAC 02B
.0101.
(5) Fly Trap Savanna near Cape Fear River [Index
No. 18-(71)] was reclassified to Class WL
UWL as defined in 15A NCAC 02B .0101.
(6) Lily Pond near Cape Fear River [Index No.
18-(71)] was reclassified to Class WL UWL as
defined in 15A NCAC 02B .0101.
(7) Grassy Pond near Cape Fear River [Index No.
18-(71)] was reclassified to Class WL UWL as
defined in 15A NCAC 02B .0101.
(8) The Neck Savanna near Sandy Run Swamp
[Index No. 18-74-33-2] was reclassified to
Class WL UWL as defined in 15A NCAC 02B
.0101.
(9) Bower's Bog near Mill Creek [Index No. 18-
23-11-(1)] was reclassified to Class WL UWL
as defined in 15A NCAC 02B .0101.
(10) Bushy Lake near Turnbull Creek [Index No.
18-46] was reclassified to Class WL UWL as
defined in 15A NCAC 02B .0101.
(p) The Schedule of Classifications and Water Quality
Standards for the Cape Fear River Basin was amended effective
January 1, 2009 as follows:
(1) a portion of Cape Fear River [Index No. 18-
(26)] (including tributaries) from Smithfield
Packing Company's intake, located
approximately 2 miles upstream of County
Road 1316, to a point approximately 0.5 miles
upstream of Smithfield Packing Company's
intake from Class C to Class WS-IV CA.
(2) a portion of Cape Fear River [Index No.18-
(26)] (including tributaries) from a point
approximately 0.5 miles upstream of
Smithfield Packing Company's intake to a
point approximately 1 mile upstream of Grays
Creek from Class C to Class WS-IV.
(q) The schedule of Classifications and Water Quality Standards
for the Cape Fear River Basin was amended effective August 11,
2009 with the reclassification of all Class C NSW waters and all
Class B NSW waters upstream of the dam at B. Everett Jordan
Reservoir from Class C NSW and Class B NSW to Class WS-V
NSW and Class WS-V & B NSW, respectively. All waters
within the B. Everett Jordan Reservoir Watershed are within a
designated Critical Water Supply Watershed and are subject to a
special management strategy specified in 15A NCAC 02B .0262
through .0272.
(r) The Schedule of Classifications and Water Quality Standards
for the Cape Fear River Basin was amended effective September
1, 2009 with the reclassification of a portion of the Haw River
[Index No. 16-(28.5)] from the Town of Pittsboro water supply
intake, which is located approximately 0.15 mile west of U.S.
15/501, to a point 0.5 mile upstream of the Town of Pittsboro
water supply intake from Class WS-IV to Class WS-IV CA.
(s) The Schedule of Classifications and Water Quality Standards
for the Cape Fear River Basin was amended effective March 1,
2012 with the reclassification of a portion of the Haw River
[Index No. 16-(1)] from the City of Greensboro's intake, located
approximately 650 feet upstream of Guilford County 2712, to a
point approximately 0.5 miles upstream of the intake from Class
WS-V NSW to Class WS-IV CA NSW, and a portion of the
Haw River [Index No. 16-(1)] from a point approximately 0.5
miles upstream of the intake to a point nearly 0.6 miles
downstream of U.S. Route 29 from Class WS-V NSW to Class
WS-IV NSW.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Wildlife Resources Commission intends to adopt the rule
cited as 15A NCAC 10B .0223.
Link to agency website pursuant to G.S. 150B.19.1(c):
http://www.ncwildlife.org/HotTopics/documents/RuleText/h6_RuleTex
t.pdf
Proposed Effective Date: January 1, 2012
Public Hearing:
Date: September 22, 2011
Time: 7:00 p.m.
Location: Nash Community College, 522 N. Old Carriage
Road, Rocky Mount, NC 27804
Reason for Proposed Action: The feral swine rule is proposed
for adoption to establish a season and bag limits based on newly
enacted State legislation. (SL 2011-369)
Procedure by which a person can object to the agency on a
proposed rule: Objections may be submitted in writing or via
electronic mail during the comment period to C. Norman Young,
Jr., 9001 Mail Service Center, Raleigh, NC 27699-9011, email
nyoung@ncdoj.gov.
PROPOSED RULES
26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011
380
Comments may be submitted to: Kate Pipkin, 1701 Mail
Service Center, Raleigh, NC 27699-1721, phone (919)707-
0065, email Kathryn.pipkin@ncwildlife.org
Comment period ends: October 31, 2011
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
Local funds affected
Date submitted to OSBM:
Substantial economic impact (≥$500,000)
Approved by OSBM
Approval by OSBM not required
CHAPTER 10 - WILDLIFE RESOURCES AND WATER
SAFETY
SUBCHAPTER 10B - HUNTING AND TRAPPING
SECTION .0200 - HUNTING
15A NCAC 10B .0223 FERAL SWINE
(a) Open season. There is no closed season for taking feral
swine by hunting.
(b) Bag limits. There are no bag limit restrictions.
Authority G.S. 113-129; 113-134; 113-291; 113-291.2.
APPROVED RULES
26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011
381
This Section includes a listing of rules approved by the Rules Review Commission followed by the full text of those rules. The
rules that have been approved by the RRC in a form different from that originally noticed in the Register or when no notice was
required to be published in the Register are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-
21.17.
Rules approved by the Rules Review Commission at its meeting on July 21, 2011.
REGISTER CITATION TO THE
NOTICE OF TEXT
ALCOHOLIC BEVERAGE CONTROL COMMISSION
Local Board Members and Employees 04 NCAC 02R .2001* 25:18 NCR
Local Board Training Courses 04 NCAC 02R .2002 25:18 NCR
Participation Standards and Attendance Requirements 04 NCAC 02R .2003 25:18 NCR
CHILD CARE COMMISSION
Application for a License for a Child Care Center 10A NCAC 09 .0302* 25:14 NCR
Application for a License for a Family Child Care Home 10A NCAC 09 .1702* 25:14 NCR
Centers Operating under G.S. 110-106 10A NCAC 09 .2101* 25:14 NCR
SOCIAL SERVICES COMMISSION
New Licenses 10A NCAC 70E .0703 25:19 NCR
Relicensure and Renewal 10A NCAC 70E .0704* 25:19 NCR
Method of Mutual Home Assessment 10A NCAC 70E .0802 25:19 NCR
Responsible Individual List 10A NCAC 70E .1115* 25:19 NCR
Licensure 10A NCAC 70F .0102 25:19 NCR
Staff 10A NCAC 70F .0207 25:19 NCR
Preplacement Assessment 10A NCAC 70H .0405* 25:19 NCR
Licensing Actions 10A NCAC 70I .0101* 25:19 NCR
Personnel Qualifications 10A NCAC 70I .0404 25:19 NCR
Licensing Actions 10A NCAC 70K .0103* 25:19 NCR
Personnel 10A NCAC 70K .0201* 25:19 NCR
SHERIFFS EDUCATION AND TRAINING STANDARDS COMMISSION
Basic Law Enforcement Training Course for Deputies 12 NCAC 10B .0502* 25:19 NCR
Detention Officer Certification Course 12 NCAC 10B .0601* 25:19 NCR
Evaluation for Training Waiver 12 NCAC 10B .0603* 25:19 NCR
Comp Written Exam - Detention Officer Certification
Course
12 NCAC 10B .0606* 25:19 NCR
Trainee Attendance 12 NCAC 10B .1305* 25:19 NCR
LABOR, DEPARTMENT OF
Certificate Inspections 13 NCAC 13 .0211* 25:18 NCR
CHIROPRACTIC EXAMINERS, BOARD OF
Agreements to Provide Financing or Management 21 NCAC 10 .0211* 25:14 NCR
APPROVED RULES
26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011
382
Services
IRRIGATION CONTRACTORS' LICENSING BOARD
Surety Bonds and Legal Status 21 NCAC 23 .0102* 25:13 NCR
System Design Objectives and Requirements 21 NCAC 23 .0401* 25:13 NCR
Water Pressure 21 NCAC 23 .0404* 25:13 NCR
Components and Zone Designs 21 NCAC 23 .0406* 25:13 NCR
NURSING, BOARD OF
Existing Nursing Program 21 NCAC 36 .0303* 25:16 NCR
Faculty 21 NCAC 36 .0318* 25:16 NCR
ENGINEERS AND SURVEYORS, BOARD OF EXAMINERS FOR
Records of Board Proceedings 21 NCAC 56 .0401 25:20 NCR
Requirements for Licensing 21 NCAC 56 .0501* 25:20 NCR
Expirations and Renewals of Certificates 21 NCAC 56 .0505* 25:20 NCR
Waiver for Licensees Serving on Active Duty in the
Armed ...
21 NCAC 56 .0506 25:20 NCR
Expirations and Renewals of Certificates 21 NCAC 56 .0606* 25:20 NCR
Waiver for Licensees Serving on Active Duty in the
Armed ...
21 NCAC 56 .0607 25:20 NCR
Annual Renewal 21 NCAC 56 .0804* 25:20 NCR
Standard Certification Requirements 21 NCAC 56 .1103* 25:20 NCR
Improper Practice by a Licensee 21 NCAC 56 .1301* 25:20 NCR
Unlawful Practice by and Unlicensed Person 21 NCAC 56 .1302 25:20 NCR
Classification of Vertical Control Survey 21 NCAC 56 .1605* 25:20 NCR
Specifications for Topographic and Planimetric Mapping, 21 NCAC 56 .1606* 25:20 NCR
Global Positioning Systems Surveys 21 NCAC 56 .1607* 25:20 NCR
Classification/Land Information System/Geographic
Informa...
21 NCAC 56 .1608* 25:20 NCR
Requirements 21 NCAC 56 .1703 25:20 NCR
Determination of Credit 21 NCAC 56 .1705* 25:20 NCR
Exemptions 21 NCAC 56 .1707* 25:20 NCR
Sponsors 21 NCAC 56 .1713* 25:20 NCR
TITLE 04 – DEPARTMENT OF COMMERCE
04 NCAC 02R .2001 LOCAL BOARD MEMBERS AND
EMPLOYEES
(a) All board members, finance officers and general managers
of local boards shall complete a Commission training course for
local boards by August 2, 2011. Completion of a Commission
training course for local boards prior to May 2, 2011, is
acceptable. Thereafter:
(1) All board members shall complete a
Commission training course for local boards
within 12 months of their initial appointment.
All board members shall complete a
Commission training course for local boards
within 12 months of any subsequent
appointment.
(2) All finance officers and general managers shall
complete a Commission training course for
local boards within 12 months of their initial
employment.
(3) After taking the initial Commission training
course for local boards, all finance officers and
general managers shall complete a
Commission training course for local boards
every three years that they are employed by a
local board.
APPROVED RULES
26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011
383
(b) Non-Commission training courses are not acceptable forms
of training and do not meet the requirements of this Rule.
(c) Board members, finance officers and general managers of
local boards who do not meet the requirements of this Section
are subject to removal by the Commission as referenced by G.S.
18B-704(c)(iii).
History Note: Authority G.S. 18B-100; 18B-203(a)(21); 18B-
701(b); 18B-704(c)(iii); 18B-706(b);
Temporary Adoption Eff. May 2, 2011;
Eff. August 1, 2011.
04 NCAC 02R .2002 LOCAL BOARD TRAINING
COURSES
All Commission training courses for local boards shall consist of
two hours of ethics as a subject matter and no more than two
hours of other subject matter.
History Note: Authority G.S. 18B-100; 18B-203(a)(21); 18B-
701(b); 18B-704(c)(iii); 18B-706(b);
Temporary Adoption Eff. May 2, 2011;
Eff. August 1, 2011.
04 NCAC 02R .2003 PARTICIPATION STANDARDS
AND ATTENDANCE REQUIREMENTS
(a) Instructors shall require that participants comply with the
following participation standards:
(1) Attendees shall direct their attention to the
instruction being provided and refrain from
engaging in activities unrelated to the
instruction.
(2) Attendees shall refrain from engaging in any
activities which are distracting to other
participants or the instructor, or which
otherwise disrupt the orderly conduct of a
class.
(b) Instructors may dismiss from a training course any attendee
who fails to comply with the participation standards prescribed
in Paragraph (a) of this Rule.
(c) Instructors shall not issue a training course completion
certificate to any attendee who fails to comply with the
participation standards set forth in Paragraph (a) of this Rule, nor
shall instructors include the name of such attendee on their
reports verifying completion of a training course. Instructors
shall submit to the Commission with their reports for the training
course a written statement which includes the name of the
attendee and the name of the attendee's local board for whom the
instructor does not report course credit, details concerning the
attendee's failure to comply with the participation standards, and
names of other persons in attendance at the class who witnessed
the attendee's conduct.
(d) Attendees must complete at least 90 percent of a
Commission local board training course to be issued a local
board training course completion certificate. Attendees shall not
be admitted to a scheduled local board training course after 10
percent of the allotted time has elapsed. Instructors may not
make any exceptions to the attendance requirement.
History Note: Authority G.S. 18B-100; 18B-203(a)(21); 18B-
701(b); 18B-704(c)(iii); 18B-706(b);
Temporary Adoption Eff. May 2, 2011;
Eff. August 1, 2011.
TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
10A NCAC 09 .0302 APPLICATION FOR A LICENSE
FOR A CHILD CARE CENTER
(a) The individual who will be legally responsible for the
operation of the center, which includes assuring compliance with
the licensing law and standards, shall apply for a license for a
child care center using the form provided by the Division. If the
operator will be a group, organization, or other entity, an officer
of the entity who is legally empowered to bind the operator shall
complete and sign the application.
(b) The applicant shall arrange for inspections of the center by
the local health, building and fire inspectors. The applicant shall
provide an approved inspection report signed by the appropriate
inspector to the Division representative. A provisional
classification may be accepted in accordance with Rule .0401(1)
of this Chapter. When a center does not conform with a
building, fire, or sanitation standard, the appropriate inspector
may submit a written explanation of how equivalent, alternative
protection is provided. The Division shall accept the inspector's
documentation in lieu of compliance with the standard. Nothing
in this Rule precludes or interferes with issuance of a provisional
license pursuant to Section .0400 of this Chapter.
(c) The applicant, or the person responsible for the day-to-day
operation of the center, shall be able to describe the plans for the
daily program, including room arrangement, staffing patterns,
equipment, and supplies, in sufficient detail to show that the
center shall comply with applicable requirements for activities,
equipment, and staff/child ratios for the capacity of the center
and type of license requested. The applicant will make the
following written information available to the Division for
review to verify compliance with provisions of this Chapter and
G.S. 110:
(1) daily schedules;
(2) activity plans;
(3) emergency care plan;
(4) discipline policy;
(5) incident reports;
(6) incident logs; and
(7) a copy of the certified criminal history check
for the applicant, or the applicant's designee as
defined in Rule .2701(g) of this Chapter, from
the Clerk of Superior Court's office in the
county or counties where the individual has
resided during the previous 12 months.
(d) The applicant shall demonstrate to the Division
representative that measures will be implemented to have the
following information in the center's files and readily available
to the representative for review:
(1) Staff records which include an application for
employment and date of birth; documentation
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of previous education, training, and
experience; medical and health records;
documentation of participation in training and
staff development activities; and required
criminal records check documentation;
(2) Children's records which include an
application for enrollment; medical and
immunization records; and permission to seek
emergency medical care;
(3) Daily attendance records;
(4) Daily records of arrival and departure times at
the center for each child;
(5) Records of monthly fire drills giving the date
each drill is held, the time of day, the length of
time taken to evacuate the building, and the
signature of the person who conducted the
drill;
(6) Records of monthly playground inspections
documented on a checklist provided by the
Division; and
(7) Records of medication administered.
(e) The Division representative shall measure all rooms to be
used for child care and shall assure that an accurate sketch of the
center's floor plan is part of the application packet. The Division
representative shall enter the dimensions of each room to be
used for child care, including ceiling height, and shall show the
location of the bathrooms, doors, and required exits on the floor
plan.
(f) The Division representative shall make one or more
inspections of the center and premises to assess compliance with
all applicable requirements as follows:
(1) If all applicable requirements of G.S. 110 and
this Section are met, the Division shall issue
the license.
(2) If all applicable requirements of G.S. 110 and
this Section are not met, the representative
may recommend issuance of a provisional
license in accordance with Section .0400 of
this Chapter or the representative may
recommend denial of the application. Final
disposition of the recommendation to deny is
the decision of the Secretary.
(3) The license shall be displayed in an area that
parents are able to view daily.
(g) When a person applies for a child care center license, the
Secretary may deny the application for the license under the
following circumstances:
(1) if any child care facility license previously
held by that person has been denied, revoked
or summarily suspended by the Division;
(2) if the Division has initiated denial, revocation
or summary suspension proceedings against
any child care facility license previously held
by that person and the person voluntarily
relinquished the license;
(3) during the pendency of an appeal of a denial,
revocation or summary suspension of any
child care facility license previously held by
that person;
(4) if the Division determines that the applicant
has a relationship with an operator or former
operator who previously held a license under
an administrative action described in
Subparagraph (1), (2), or (3) of this Paragraph.
As used in this Rule, an applicant has a
relationship with a former operator if the
former operator would be involved with the
applicant's child care facility in one or more of
the following ways:
(A) would participate in the
administration or operation of the
facility;
(B) has a financial interest in the
operation of the facility;
(C) provides care to children at the
facility;
(D) resides in the facility; or
(E) would be on the facility's board of
directors, be a partner of the
corporation, or otherwise have
responsibility for the administration
of the business;
(5) based on the person's previous non-compliance
as an operator with the requirements of G.S.
110 and this Chapter; or
(6) if abuse or neglect has been substantiated
against the person.
(h) In determining whether denial of the application for a
license is warranted pursuant to Paragraph (g) of this Rule, the
Division shall consider:
(1) any documentation provided by the applicant
which describes the steps the applicant will
take to prevent reoccurrence of noncompliance
issues which led to any prior administrative
action taken against a license previously held
by the applicant;
(2) training certificates or original transcripts from
a nationally recognized regionally accredited
institution of higher learning related to
providing quality child care for any
coursework, and which were taken subsequent
to any prior administrative action taken against
a license previously held by the applicant.
Nationally recognized means that every state
in this nation acknowledges the validity of the
coursework taken at higher education
institutions that meet the requirements of one
of the six regional accrediting bodies;
(3) proof of employment in a licensed child care
facility and references from the administrator
or licensee of the child care facility regarding
work performance;
(4) documentation of collaboration or mentorship
with a licensed child care provider to obtain
additional knowledge and experience related
to operation of a child care facility; and
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(5) documentation explaining relationships with
persons meeting the criteria listed in
Subparagraph (g)(4) of this Rule.
History Note: Authority G.S. 110-85; 110-88(2); 110-88(5);
110-91; 110-92; 110-93; 110-99; 143B-168.3;
Eff. January 1, 1986;
Amended Eff. August 1, 2011; July 1, 2010; April 1, 2003; April
1, 2001; July 1, 1998; January 1, 1996; November 1, 1989; July
1, 1988; January 1, 1987.
10A NCAC 09 .1702 APPLICATION FOR A LICENSE
FOR A FAMILY CHILD CARE HOME
(a) Any person who plans to operate a family child care home
shall apply for a license using a form provided by the Division.
The applicant shall submit the completed application, which
complies with the following, to the Division:
(1) Only one licensed family child care home shall
operate at the location address of any home.
(2) The applicant shall list each location address
where a licensed family child care home will
operate.
(b) When a family child care home will operate at more than
one location address by cooperative arrangement among two or
more families, the following procedures apply:
(1) One parent whose home is used as a location
address shall be designated the coordinating
parent and shall co-sign the application with
the applicant.
(2) The coordinating parent shall know the current
location address at all times and shall provide
the information to the Division upon request.
(c) The applicant shall assure that the structure in which the
family child care home is located complies with the following
requirements:
(1) The structure complies with the North
Carolina Building Code for family child care
homes or has written approval for use as a
family child care home by the local building
inspector.
(2) The structure meets North Carolina
Residential Building Code or is a
manufactured home bearing a third party
inspection label certifying compliance with the
Federal Manufactured Home Construction and
Safety Standards or certifying compliance with
construction standards adopted and enforced
by the State of North Carolina. Homes shall
be installed in accordance with North Carolina
Manufactured/Mobile Home Regulations
adopted by the NC Department of Insurance.
Exception: Single wide manufactured homes
are limited to a maximum of three preschool-age
children (not more than two may be two
years of age or less) and two school-age
children.
(3) All children are kept on the ground level with
an exit at grade.
(4) All homes are equipped with an electrically
operated (with a battery backup) smoke
detector, or one electrically operated and one
battery operated smoke detector located next
to each other.
(5) All homes are provided with at least one five
pound 2-A: 10-B: C type extinguisher readily
accessible for every 2,500 square feet of floor
area.
(6) Fuel burning space heaters, fireplaces and
floor furnaces which are listed and approved
by the Department of Insurance for that
installation and are provided with a protective
screen attached securely to supports are
allowed. Unvented fuel burning heaters and
portable electric space heaters of all types are
prohibited.
(7) All indoor areas used by children are heated
when the temperature is below 65 degrees and
ventilated when the temperature is above 85
degrees.
(8) Hot pipes or radiators which are hot enough to
be capable of burning children and are
accessible to the children are covered or
insulated.
(9) Accommodations for breastfeeding mothers
are provided that include seating and an
electrical outlet, in a place other than a
bathroom, that is shielded from view by staff
and the public, which may be used by mothers
while they are breastfeeding or expressing
milk.
(d) The applicant shall also submit supporting documentation
with the application for a license to the Division. The
supporting documentation shall include:
(1) a copy of the certified criminal history check
from the Clerk of Superior Court's office in the
county or counties where the applicant and any
household member(s) over age 15, have
resided during the previous 12 months;
(2) a copy of documentation of completion of a
first aid and cardiopulmonary resuscitation
(CPR) course;
(3) proof of negative results of the applicant's
tuberculosis test completed within the past 12
months;
(4) a completed health questionnaire;
(5) a copy of current pet vaccinations for any pet
in the home;
(6) a negative well water bacteriological analysis
if the home has a private well;
(7) copies of any inspections required by local
ordinances; and
(8) any other documentation required by the
Division according to the rules in this Section
to support the issuance of a license.
(e) Upon receipt of a complete application and supporting
documentation, a Division representative shall make an
announced visit to each home unless the applicant meets the
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criteria in Paragraph (g) of this Rule to determine compliance
with the requirements, to offer technical assistance when needed,
and to provide information about local resources. The issuance
of a license applies as follows:
(1) If all applicable requirements of G.S. 110 and
this Section are met, a license shall be issued;
(2) If the applicable requirements are not met but
the applicant has the potential to comply, the
Division representative shall establish with the
applicant a time period for the home to achieve
compliance. If the Division representative
determines that all applicable requirements are
met within the established time period, a
license shall be issued; or
(3) If all applicable requirements are not met or
cannot be met within the established time, the
Division shall deny the application. Final
disposition of the recommendation to deny is
the decision of the Division.
(f) The Division shall allow the applicant to temporarily operate
prior to the Division representative's visit described in Paragraph
(e) of this Rule when the applicant is currently licensed as a
family child care home operator, needs to relocate, and notifies
the Division of the relocation; and the Division representative is
unable to visit before the relocation occurs. A person shall not
operate until he or she has received from the Division either
temporary permission to operate or a license.
(g) When a person applies for a family child care home license,
the Secretary may deny the application for the license under the
following circumstances:
(1) if any child care facility license previously
held by that person has been denied, revoked
or summarily suspended by the Division;
(2) if the Division has initiated denial, revocation
or summary suspension proceedings against
any child care facility license previously held
by that person and the person voluntarily
relinquished the license;
(3) during the pendency of an appeal of a denial,
revocation or summary suspension of any
child care facility license previously held by
that person;
(4) if the Division determines that the applicant
has a relationship with an operator or former
operator who previously held a license under
an administrative action described in
Subparagraph (g)(1), (2), or (3) of this Rule.
As used in this Rule, an applicant has a
relationship with a former operator if the
former operator would be involved with the
applicant's child care facility in one or more of
the following ways:
(A) would participate in the
administration or operation of the
facility;
(B) has a financial interest in the
operation of the facility;
(C) provides care to the children at the
facility;
(D) resides in the facility; or
(E) would be on the facility's board of
directors, be a partner of the
corporation, or otherwise have
responsibility for the administration
of the business;
(5) based on the person's previous non-compliance
as an operator with the requirements of G.S.
110 and this Chapter; or
(6) if abuse or neglect has been substantiated
against the person, or if abuse or neglect was
substantiated against a household member.
(h) In determining whether denial of the application for a
license is warranted pursuant to Paragraph (g) of this Rule, the
Division shall consider:
(1) any documentation provided by the applicant
which describes the steps the applicant will
take to prevent reoccurrence of noncompliance
issues which led to any prior administrative
action taken against a license previously held
by the applicant;
(2) training certificates or original transcripts from
a nationally recognized regionally accredited
institution of higher learning related to
providing quality child care for any
coursework, and which were taken subsequent
to any prior administrative action taken against
a license previously held by the applicant.
Nationally recognized means that every state
in this nation acknowledges the validity of the
coursework taken at higher education
institutions that meet the requirements of one
of the six regional accrediting bodies;
(3) proof of employment in a licensed child care
facility and references from the administrator
or licensee of the child care facility regarding
work performance;
(4) documentation of collaboration or mentorship
with a licensed child care provider to obtain
additional knowledge and experience related
to operation of a child care facility; and
(5) documentation explaining relationships with
persons meeting the criteria listed in
Subparagraph (g)(4) of this Rule.
(i) The license shall not be bought, sold, or transferred from one
individual to another.
(j) The license is valid only for the location address listed on it.
(k) The license must be returned to the Division in the event of
termination, revocation, suspension, or summary suspension.
(l) The license shall be displayed in a prominent place that
parents are able to view daily and shall be shown to each child's
parent when the child is enrolled.
(m) A licensee shall notify the Division whenever a change
occurs which affects the information shown on the license.
History Note: Authority G.S. 110-85; 110-88(5); 110-91;
110-93; 110-99; 143B-168.3;
Eff. January 1, 1986;
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Amended Eff. August 1, 2011; July 1, 2010; April 1, 2003; April
1, 2001; July 1, 1998; January 1, 1991; November 1, 1989;
January 1, 1987.
10A NCAC 09 .2101 CENTERS OPERATING UNDER
G.S. 110-106
(a) At least 30 days prior to the first day of operation of a new
religious-sponsored child care center, the prospective operator
shall send a "Letter of Intent to Operate" to the Division. That
letter shall include the name, address, and telephone number of
the operator and the center, if known; the proposed number and
age range of children to be served; and the center's scheduled
opening date. A representative of the Division shall contact the
prospective operator no later than seven calendar days after the
Letter of Intent is received to advise the operator of the
applicable requirements and procedures.
(b) Religious-sponsored child care centers shall comply with all
child care center requirements in this Chapter except for the
rules regarding age-appropriate activities in Rules .0505 through
.0511(a) and .2508; and staff qualifications and training
requirements in Paragraphs (d) through (f) of Rule .0703, Rules
.0704, .0707 through .0711, and Paragraphs (a) through (d) of
Rule .0714. For staff working with school-aged children only,
10A NCAC 09 .2510 does not apply. Compliance shall be
documented at least annually using the same forms and in the
same manner as for all other centers.
(c) The Division shall notify the operator in writing as to
whether the center complies or does not comply with the
requirements.
History Note: Authority G.S. 110-85; 110-106; 143B-168.3;
Eff. January 1, 1986;
Amended Eff. August 1, 2011; April 1, 2001; April 1, 1992;
January 1, 1991; November 1, 1989; July 1, 1988.
* * * * * * * * * * * * * * * * * * * * *
10A NCAC 70E .0703 NEW LICENSES
(a) The supervising agency shall submit all licensing materials
to the licensing authority dated within 180 days prior to
submitting an application for a new license. The supervising
agency shall submit medical examinations of the members of the
foster home to the licensing authority dated within 12 months
prior to submitting an application for a new license.
(b) The supervising agency shall submit all licensing application
materials required for a license to the licensing authority at one
time. The licensing authority shall return incomplete licensing
applications to the supervising agency.
(c) The licensing authority shall issue a new license, if approved
according to the rules in this Section, effective the date the
application and all required materials are received by the
licensing authority.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-
10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. August 1, 2011; November 1, 2009.
10A NCAC 70E .0704 RELICENSURE AND RENEWAL
(a) Materials for renewing a license are due to the licensing
authority prior to the date the license expires.
(b) All relicensing materials shall be completed and dated
within 180 days prior to the date the supervising agency submits
materials for licensure to the licensing authority. Medical
examinations of the members of the foster home shall be
completed and dated within 12 months prior to submitting
materials for relicensure.
(c) All relicensing materials shall be submitted at one time to
the licensing authority. The licensing authority shall return
incomplete relicensure applications to the supervising agency.
(d) If materials are submitted after the foster home license
expires, a license is issued by the licensing authority effective
the date the licensing materials are approved by the licensing
authority.
(e) When a foster home license is terminated for failure to
submit relicensure materials, the licensing authority shall
relicense the home if the relicensure materials are submitted to
the licensing authority within one year of the date the license
was terminated and all requirements are met. After one year, the
supervising agency shall submit a new licensure application to
the licensing authority.
(f) When a foster home license has been terminated in good
standing and the foster family wishes to be licensed again, the
licensing authority shall renew the license if there are no
changes or the changes meet the requirements of the Rules of
this Section. The period of time for this renewed license is from
the date the request is received by the licensing authority to the
end date of the license period in effect when the license was
terminated.
(g) Unless previously licensed foster parents who have not been
licensed within the last 24 consecutive months demonstrate
mastery of the parenting skills listed in 10A NCAC 70E .1117(1)
to the satisfaction of the supervising agency and documented to
the licensing authority, the foster parents shall complete the 30
hours of pre-service training specified in 10A NCAC 70E
.1117(1).
(h) Unless previously licensed therapeutic foster parents who
have not been licensed within the last 24 consecutive months
demonstrate mastery of the therapeutic skills listed in 10A
NCAC 70E .1117(2) to the satisfaction of the supervising
agency and documented to the licensing authority, the
therapeutic foster parents shall complete the 10 hours of pre-service
training specified in 10A NCAC 70E .1117(2).
(i) The supervising agency shall provide documentation to the
licensing authority that trainings for first aid, CPR, and universal
precautions are updated.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-
10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. August 1, 2011; November 1, 2009.
10A NCAC 70E .0802 METHOD OF MUTUAL HOME
ASSESSMENT
(a) The mutual home assessment shall be carried out in a series
of planned discussions between the licensing worker of the
supervising agency, the prospective foster parent applicants and
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other members of the household. The family shall be seen by
the licensing social worker in the family's home and in the
supervising agency's office.
(b) In an application involving a single applicant, there shall be
two separate face-to-face interviews occurring on two different
dates. In an application involving joint applicants, there shall be
a separate face-to-face interview with each applicant and an
additional two face-to-face interviews with both applicants. The
two face-to-face interviews shall occur on two different dates.
There shall be separate face-to-face interviews with each
member of the household 10 years of age or older. Training and
group sessions do not count as face-to-face interviews. The
assessment process shall be a joint effort of the supervising
agency and the applicants to determine the applicants' suitability
for providing foster care and the kind of child the applicants can
best parent.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-
10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. August 1, 2011.
10A NCAC 70E .1115 RESPONSIBLE INDIVIDUALS
LIST
(a) An applicant is not eligible for licensure if the applicant has
within the last five years been substantiated for abuse or serious
neglect and is placed on the Responsible Individuals List as
defined in North Carolina General Statute 7B-311.
(b) After five years, an applicant who is on the Responsible
Individuals List may be considered for licensure based on the
following factors:
(1) nature of the substantiation;
(2) length of time since the substantiation;
(3) circumstances surrounding the substantiation;
(4) evidence of rehabilitation;
(5) history of convictions and violations; and
(6) letter of support for licensure from the
executive director of the agency.
(c) The supervising agency shall provide documentation to the
licensing authority of the results of Child Abuse and Neglect
Central Registry Checks of states where the applicant has
resided the past five years.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-
10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. August 1, 2011.
10A NCAC 70F .0102 LICENSURE
History Note: Authority G.S. 131D-1; 131D-10.3; 131D-
10.5; 131D-10.10; 143B-153;
Eff. February 1, 1986;
Amended Eff. July 18, 2002; July 1, 1990;
Temporary Amendment Eff. July 1, 2003;
Amended Eff. October 1, 2008; August 1, 2004;
Repealed Eff. August 1, 2011.
10A NCAC 70F .0207 STAFF
(a) The agency shall verify prior to employment the personal
qualifications of employees through at least three references.
(b) The agency shall require that each applicant provide a
signed statement that the applicant has no criminal, social or
medical history which would adversely affect the applicant's
capacity to work with children and adults. Prior to employment,
the agency shall submit authorization to the licensing authority
to search the Responsible Individuals List as defined in 10A
NCAC 70A .0102 to determine if the applicant has had child
protective services involvement resulting in a substantiation of
child abuse or serious neglect. The agency shall require that
each applicant provide a signed statement that the applicant has
not abused or neglected a child or has been a respondent in a
juvenile court proceeding that resulted in the removal of a child
or has had child protective services involvement that resulted in
the removal of a child. Prior to employment, a certified criminal
record check for the applicant shall be obtained, and a search
conducted of the North Carolina Sex Offender and Public
Protection Registry and North Carolina Health Care Personnel
Registry (pursuant to G.S. 131E-256) are completed. The agency
shall require that each applicant provide a signed statement that
the applicant has not abused, neglected, or exploited a disabled
adult, and has not been a domestic violence perpetrator.
(c) Employees are not eligible for employment if they have been
convicted of a felony involving:
(1) child abuse or neglect;
(2) spouse abuse;
(3) a crime against a child or children (including
child pornography); or
(4) a crime of rape, sexual assault, or homicide.
(d) The employee is not eligible for employment if within the
last five years he or she has been convicted of a felony
involving:
(1) assault;
(2) battery; or
(3) a drug-related offense.
(e) The agency shall employ staff qualified to perform
administrative, supervisory, direct care, social work, therapeutic,
and placement services.
(f) The agency shall have staff to keep correspondence, records,
bookkeeping and files current and in good order. The staff shall
maintain strict confidentiality concerning contents of the case
records.
(g) The agency shall maintain a roster of members of the staff
listing position, title, and qualifications and a current
organizational chart showing administrative structure and
staffing, including lines of authority. The organizational chart
shall be submitted prior to initial licensure and biennially
thereafter.
(h) An agency which uses volunteers and interns as unpaid staff
to work directly with clients shall:
(1) have written job descriptions and select only
those persons qualified to meet the
requirements of those jobs;
(2) require three references relevant to the role
and responsibilities to be assumed;
(3) designate a staff member to supervise and
evaluate volunteers and interns;
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(4) develop and implement a plan for the
orientation and training of volunteers and
interns in the philosophy of the agency and the
needs of the clients and their families; and
(5) require that each volunteer and intern provide
a signed statement that they have no criminal,
social or medical history that would adversely
affect their capacity to work with children and
adults. The agency shall submit authorization
to the licensing authority to search the
Responsible Individuals List as defined in 10A
NCAC 70A .0102 to determine if the intern or
volunteer has had child protective services
involvement resulting in a substantiation of
child abuse or serious neglect. Prior to
beginning volunteer or intern duties, a certified
criminal record check shall be obtained and a
search conducted of the North Carolina Sex
Offender and Public Protection Registry and
North Carolina Health Care Personnel
Registry (pursuant to G.S. 131E-256). The
agency shall require that each volunteer or
intern provide a signed statement that the
volunteer or intern has not abused or neglected
a child, been a respondent in a juvenile court
proceeding that resulted in the removal of a
child, or had child protective services
involvement that resulted in the removal of a
child. The agency shall require that each
volunteer or intern provide a signed statement
that the volunteer or intern has not abused,
neglected, or exploited a disabled adult and
has not been a domestic violence perpetrator.
(i) Volunteers or interns are not eligible to serve as volunteers
or interns if they have been convicted of a felony involving:
(1) child abuse or neglect;
(2) spouse abuse;
(3) a crime against a child or children (including
child pornography); or
(4) a crime of rape, sexual assault, or homicide.
(j) Volunteers or interns are not eligible to serve as volunteers
or interns, if within the last five years they have been convicted
of a felony involving:
(1) assault;
(2) battery; or
(3) a drug-related offense.
(k) The agency shall require that each employee provide a
signed statement that the employee has no criminal, social or
medical history that will adversely affect the employee's
capacity to work with children and adults every two years as
long as the employee is employed. Every two years as long as
the employee is employed, the agency shall submit authorization
to the Division of Social Services to search the Responsible
Individuals List as defined in 10A NCAC 70A .0102 to
determine if the employee has had child protective services
involvement resulting in a substantiation of child abuse or
serious neglect. Every two years as long as the employee is
employed the agency shall require that each employee provide a
signed statement that the employee has not abused or neglected a
child or has been a respondent in a juvenile court proceeding that
resulted in the removal of a child or has had child protective
services involvement that resulted in the removal of a child.
Every two years as long as the employee is employed, a certified
criminal record check for each employee shall be obtained, and a
search conducted of the North Carolina Sex Offender and Public
Protection Registry and North Carolina Health Care Personnel
Registry (pursuant to G.S. 131E-256) are completed. The
agency shall require that every two years as long as the
employee is employed each employee provide a signed
statement that the employee has not abused, neglected, or
exploited a disabled adult, and has not been a domestic violence
perpetrator.
(l) The employing agency shall make all determinations
concerning the individual's fitness for employment, volunteering
and internship based on the requirements of this Rule.
History Note: Authority G.S. 131D-10.5; 131D-10.6; 131D-
10.10; 143B-153;
Eff. February 1, 1986;
Amended Eff. August 1, 2011; June 1, 2010; October 1, 2008;
July 18, 2002.
10A NCAC 70H .0405 PREPLACEMENT ASSESSMENT
(a) The agency shall complete a preplacement assessment
within 90 days after the application for adoption has been
approved and the request for the assessment has been received.
In a case involving a single adoptive applicant, there shall be
two separate face-to-face interviews occurring on two different
dates. In a case involving joint applicants, there shall be a
separate face-to-face interview with each applicant and an
additional two face-to-face interviews with both applicants. At
least one interview shall be conducted in the applicants' home.
There shall be separate face-to-face interviews with each
member of the household ten years of age or older. The
assessment process shall be a joint effort of the adoption agency
and the applicants to determine the kind of child the applicants
can best parent. Any assessment that was completed 18 months
or more before placement of a child occurs shall be updated to
include current information about the family. Any agency
updating a preplacement assessment not originally completed by
that agency assumes responsibility for the entire assessment, and
the new assessment shall reflect that it is the responsibility of the
agency conducting the update. Physical examinations of family
members shall be current to within 18 months of the assessment.
(b) The agency shall assess the following areas and shall record
the information in the adoptive applicants' record:
(1) the applicants' reasons for wanting to adopt;
(2) the strengths and needs of each member of the
household;
(3) the attitudes and feelings of the family,
extended family, and other individuals
involved with the family toward accepting
adoptive children, and parenting children not
born to them;
(4) the attitudes of the applicants toward the birth
parents and in regard to the reasons the child is
in need of adoption;
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(5) the applicants' attitudes toward child behavior
and discipline;
(6) the applicants' plan for discussing adoption
with the child;
(7) the emotional stability and maturity of
applicants;
(8) the applicants' ability to cope with problems,
stress, frustrations, crises, and loss;
(9) the applicants' ability to give and receive
affection;
(10) the applicants' child-caring skills and
willingness to acquire additional skills needed
for the child's development;
(11) the applicants' ability to provide for the child's
physical and emotional needs;
(12) whether the applicant has ever been convicted
of a crime other than a minor traffic violation;
(13) the strengths and needs of birth children or
previously adopted children,
(14) the applicant's physical and mental health,
including any addiction to alcohol or drugs;
(15) financial information provided by the
applicant, including property and income;
(16) the applicants' personal character references;
(17) the applicant's religious orientation, if any;
(18) the location and physical environment of the
home;
(19) the plan for child care if parents work;
(20) recommendations for adoption in regard to the
number, age, sex, characteristics, and special
needs of children who could be best served by
the family;
(21) any previous request for an assessment or
involvement in an adoptive placement and the
outcome of the assessment or placement;
(22) whether the individual has ever been a
respondent in a domestic violence proceeding
or a proceeding concerning a minor who was
allegedly abused, neglected, dependent,
undisciplined or delinquent, and the outcome
of the proceeding or whether the individual
has been found to have abused or neglected a
child or has been a respondent in a juvenile
court proceeding that resulted in the removal
of a child or has had child protective services
involvement that resulted in the removal of a
child;
(23) documentation of the results of the search of
the Responsible Individual's List as defined in
10A NCAC 70A .0102 for all adult members
of the household that indicates they have not
had child protective services involvement
resulting in a substantiation of child abuse or
serious neglect;
(24) documentation of the results of Child Abuse
and Neglect Central Registry Checks of states
where the applicant has resided the past five
years;
(25) whether the applicant has located a parent
interested in placing a child for adoption with
the applicant, and a brief, non identifying
description of the parent and the child;
(26) the applicants' age, date of birth, nationality,
race or ethnicity;
(27) the applicant's marital and family status and
history, including the presence of any children
born to or adopted by the applicant, and any
other children in the household;
(28) the applicant's educational and employment
history and any special skills; and
(29) any additional fact or circumstance that may
be relevant to a determination of the
applicant's suitability to be an adoptive parent,
including the quality of the home environment
and the level of functioning of any children in
the household.
When any of the information listed in this Paragraph is not
reasonably available, the preplacement assessment shall state
why the information is unavailable.
(c) The assessment shall be prepared and typed by the agency
and shall be reviewed by the agency's adoption review
committee, signed and dated by an authorized agency
representative when complete and final, and shall become part of
the applicants' permanent record. The agency's adoption review
committee shall be composed of a minimum of three members,
including an agency representative in a management position in
children's services, the child's social worker(s) responsible for
the placement and adoption functions of the child's case, and an
at-large member selected by the agency.
(d) Once the agency has made a decision regarding the
suitability of the applicant as an adoptive placement, the
preplacement assessment shall include documentation of the
factors which support that determination. If the agency
determines that the applicant is not suitable to be an adoptive
parent, the assessment shall state the specific concerns that
support the determination. A specific concern is one that
reasonably indicates the placement of any minor, or a particular
minor, in the home of the applicant would pose a significant risk
of harm to the well-being of the minor.
(e) The agency preparing the preplacement assessment may
redact from the assessment provided to the placing parent or
guardian information reflecting the prospective adoptive parent's
financial account balances and information about the prospective
adoptive parent's extended family members, including surnames,
names of employers, names of schools attended, social security
numbers, telephone numbers and addresses.
History Note: Authority G.S. 48-2-502; 48-3-303; 131D-
10.5; 143B-153;
Eff. October 1, 2008;
Amended Eff. August 1, 2011; November 1, 2009.
10A NCAC 70I .0101 LICENSING ACTIONS
(a) All rules in 10A NCAC 70I apply to residential child-care
facilities.
(b) License.
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391
(1) The Department of Health and Human
Services, Division of Social Services
(licensing authority) shall issue a license when
it determines that a residential child-care
facility is in compliance with rules in
Subchapters 70I and 70J of this Chapter.
(2) A license shall be issued for a period of two
years.
(3) A residential child-care facility shall not be
licensed under both G.S. 131D and G.S. 122C.
(4) Residential child-care facilities licensed after
August 1, 2011 shall have a three year or
longer accreditation from either the Council on
Accreditation (COA), The Joint Commission
(TJC), formerly known as the Joint
Commission on Accreditation of Healthcare
Organizations, The Commission on
Accreditation and Rehabilitation Facilities
(CARF) or The Council on Quality and
Leadership (CQL).
(c) Changes in any information on the license.
(1) The licensing authority shall change a license
during the period of time it is in effect if the
change is in compliance with rules in
Subchapters 70I and 70J.
(2) A residential child-care facility shall notify the
licensing authority in writing of its request for
a change in license, including information that
is necessary to assure the change is in
compliance with the rules in Subchapters 70I
and 70J of this Chapter.
(d) Termination.
(1) When a residential child-care facility
voluntarily discontinues child-caring
operations, either temporarily or permanently,
the residential child-care facility shall notify
the licensing authority in writing of the date,
reason and anticipated length of closing.
(2) If a license is not renewed by the end of the
licensure period, the licensing authority shall
automatically terminate the license.
(3) If a license issued pursuant to this Subchapter
is terminated for more than 60 days, the
facility shall meet all requirements for a new
facility before being relicensed.
(4) Any existing licensed residential child-care
facility that is closed or vacant for more than
one year shall meet all requirements of a new
facility prior to being relicensed.
(e) Adverse Licensure Action.
(1) The licensing authority shall deny, suspend or
revoke a license when a residential child-care
facility is not in compliance with the rules in
Subchapters 70I and 70J unless the residential
child-care facility, within 10 working days
from the date the residential child-care facility
initially received the deficiency report from
the licensing authority, submits a plan of
correction. The plan of correction shall
specify the following:
(A) the measures that will be put in place
to correct the deficiency;
(B) the systems that will be put in place
to prevent a re-occurrence of the
deficiency;
(C) the individual or individuals who will
monitor the corrective action; and
(D) the date the deficiency will be
corrected which shall be no later than
60 days from the date the routine
monitoring was concluded.
(2) The licensing authority shall notify a
residential child-care facility in writing of the
decision to deny, suspend or revoke a license.
(3) Appeal procedures specified in 10A NCAC
70L .0301 are applicable for persons seeking
an appeal to the licensing authority's decision
to deny, suspend or revoke a license.
(f) Licensure Restriction.
(1) An applicant who meets any of the following
conditions shall have his/her licensure denied:
(A) the applicant owns a facility or
agency licensed under G.S. 122C and
that facility or agency incurred a
penalty for a Type A or B violation
under Article 3 of G.S. 122, or any
combination thereof, and any one of
the following conditions exist:
(i) A single violation has been
assessed in the six months
prior to the application.
(ii) Two violations have been
assessed in the 18 months
prior to the application and
18 months have not passed
from the date of the most
recent violation.
(iii) Three violations have been
assessed in the 36 months
prior to the application and
36 months have not passed
from the date of the most
recent violation.
(iv) Four or more violations have
been assessed in the 60
months prior to application
and 60 months have not
passed from the date of the
most recent violation.
(B) the Department of Health and Human
Services has initiated revocation or
summary suspension proceedings
against any facility licensed pursuant
to G.S. 122C, Article 2; G.S. 131D,
Articles 1 or 1A; or G.S. 110, Article
7 that was previously held by the
applicant and the applicant
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392
voluntarily relinquished the license
and 60 months have not passed from
the date of the revocation or summary
suspension;
(C) there is a pending appeal of a denial,
revocation or summary suspension of
any facility licensed pursuant to G.S.
122C, Article 2; G.S. 131D, Articles
1 or 1A; or G.S. 110, Article 7 that is
owned by the applicant;
(D) the applicant has an individual as part
of their governing body or
management who previously held a
license that was revoked or
summarily suspended under G.S.
122C, Article 2; G.S. 131D, Articles
1 or 1A; and G.S. 110, Article 7 and
the rules adopted under these laws
and 60 months have not passed from
the date of the revocation or summary
suspension;
(E) the applicant is an individual who has
a finding or pending investigation by
the Health Care Personnel Registry in
accordance with G.S. 131E-256; or
(F) the applicant is an individual who has
a finding on the Responsible
Individual's List as described in 10A
NCAC 70A .0102.
(2) The denial of licensure pursuant to this
Paragraph shall be in accordance with G.S.
122C-23(e1) and G.S. 131D-10.3(h). A copy
of these statutes may be obtained through the
internet at
http://www.ncleg.net/Statutes/Statutes.html.
(3) The facility or agency shall inform the
licensing authority of any current licenses or
licenses held in the past five years for
residential child-care facilities, child-placing
agencies or maternity homes in other states.
The agency shall provide written notification
from the licensing authority in other states
regarding violations, penalties or probationary
status imposed in that state. The licensing
authority shall take this information into
consideration when granting a North Carolina
license.
History Note: Authority G.S. 131D-10.3; 131D-10.5; 143B-
153;
Eff. July 1, 1999 (See S. L. 1999, c. 237, s. 11.30);
Temporary Amendment Eff. July 1, 2003;
Amended Eff. May 1, 2004 (this amendment replaces the
amendment approved by RRC on December 18, 2003);
Amended Eff. August 1, 2011; September 1, 2007.
10A NCAC 70I .0404 PERSONNEL QUALIFICATIONS
(a) Applicants, employees, volunteers or interns who have a
history of criminal convictions that would adversely affect their
capacity and ability to provide care, safety and security for the
children in residence shall not be employed or utilized as
volunteers or interns. A signed statement shall be obtained
attesting that the applicant, employee, volunteer or intern does
not have such a record prior to beginning employment, volunteer
duties or internships. Prior to employment or before beginning
volunteer duties or internships, a certified criminal record check
for the applicant, volunteer or intern shall be obtained, and a
search conducted of the North Carolina Sex Offender and Public
Protection Registry and the North Carolina Health Care
Personnel Registry (pursuant to G.S. 131E-256), and based on
these searches, a decision shall be made concerning the
individual's fitness to serve as an employee, volunteer or intern.
The agency shall submit authorization to the licensing authority
to search the Responsible Individuals List, as defined in 10A
NCAC 70A .0102, to determine if the applicant, employee,
volunteer or intern has had child protective services involvement
resulting in a substantiation of child abuse or serious neglect,
and based on this search, a determination shall be made
concerning the individual's fitness to serve as an employee,
volunteer or intern. The agency shall require that each applicant,
employee, volunteer or intern provide a signed statement that the
applicant, employee, volunteer or intern has not abused or
neglected a child or has been a respondent in a juvenile court
proceeding that resulted in the removal of a child or has had
child protective services involvement that resulted in the
removal of a child. A signed statement shall be obtained
attesting that the applicant, employee, volunteer or intern has not
abused, neglected or exploited a disabled adult and has not been
a domestic violence perpetrator.
(b) Applicants, employees, volunteers and interns are not
eligible for employment, volunteer or intern positions if they
have been convicted of a felony involving:
(1) child abuse or neglect;
(2) spouse abuse;
(3) a crime against a child or children (including
child pornography); or
(4) a crime of rape, sexual assault, or homicide.
(c) Applicants, employees, volunteers and interns are not
eligible for employment, volunteer or intern positions if within
the last five years they have been convicted of a felony
involving:
(1) assault;
(2) battery; or
(3) a drug-related offense.
(d) Employees, volunteers or interns driving a residential child-care
facility vehicle shall possess a valid North Carolina driver's
license appropriate for the type of vehicle used.
(e) The agency shall require that each employee provide a
signed statement that the employee has no criminal, social or
medical history that will adversely affect the employee's
capacity to work with children and adults every two years as
long as the employee is employed. Every two years as long as
the employee is employed, the agency shall submit authorization
to the Division of Social Services to search the Responsible
Individuals List as defined in 10A NCAC 70A .0102 to
determine if the employee has had child protective services
involvement resulting in a substantiation of child abuse or
serious neglect. Every two years as long as the employee is
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393
employed the agency shall require that each employee provide a
signed statement that the employee has not abused or neglected a
child or has been a respondent in a juvenile court proceeding that
resulted in the removal of a child or has had child protective
services involvement that resulted in the removal of a child.
Every two years as long as the employee is employed, a certified
criminal record check for each employee shall be obtained, and a
search conducted of the North Carolina Sex Offender and Public
Protection Registry and North Carolina Health Care Personnel
Registry (pursuant to G.S. 131E-256) are completed. The
agency shall require that every two years as long as the
employee is employed each employee provide a signed
statement that the employee has not abused, neglected, or
exploited a disabled adult, and has not been a domestic violence
perpetrator.
History Note: Authority G.S. 131D-10.5; 131D-10.6; 143B-
153;
Eff. July 1, 1999 (See S.L. 1999, c.237 s. 11.30);
Amended Eff. August 1, 2011; June 1, 2010; October 1, 2008.
10A NCAC 70K .0103 LICENSING ACTIONS
(a) License.
(1) Licensure is required in accordance with G.S.
131D-10.3 and with rules in Subchapters 70F
and 70K of this Chapter.
(2) Licenses shall be in effect for two years unless
suspended or revoked. Appeal procedures
specified in 10A NCAC 70L .0301 apply for
persons seeking an appeal of the licensing
authority's decision to deny, suspend, or
revoke a license.
(3) Residential maternity homes licensed after
August 1, 2011 shall have a three year or
longer accreditation from either the Council on
Accreditation (COA), The Joint Commission,
formerly known as the Joint Commission on
Accreditation of Healthcare Organizations
(TJC), The Commission on Accreditation and
Rehabilitation Facilities (CARF) or The
Council on Quality and Leadership (CQL).
(4) Applicants shall inform the licensing authority
of any current licenses or licenses held in the
past five years for child-placing agencies,
maternity homes, or residential child-care
facilities in other states. Applicants shall
provide written documentation from the
licensing authority in other states regarding
violations, penalties, or probationary status
imposed in other states.
(b) Changes in any information on the license.
(1) The licensing authority shall change a license
during the period of time it is in effect if the
change is in compliance with rules in
Subchapters 70F and 70K of this Chapter.
(2) A residential maternity home shall notify the
licensing authority in writing of its request for
a change in license, including information that
is necessary to assure the change is in
compliance with the rules in Subchapters 70F
and 70K of this Chapter.
(c) Termination.
(1) When a residential maternity home voluntarily
discontinues operations, either temporarily or
permanently, the residential maternity home
shall notify the licensing authority in writing
of the date, reason and anticipated length of
closing.
(2) If a license is not renewed by the end of the
licensure period, the licensing authority shall
automatically terminate the license.
(3) When the license of any existing residential
maternity home is terminated for more than 60
days, the home shall meet all requirements of a
new facility prior to being relicensed.
(4) Any existing licensed residential maternity
home that is closed or vacant for more than
one year shall meet all requirements of a new
facility prior to being relicensed.
(d) Adverse licensure action.
(1) The licensing authority shall deny, suspend or
revoke a license when a residential maternity
home is not in compliance with the rules in
Subchapters 70F and 70K of this Chapter
unless the residential maternity home within
10 working days from the date the maternity
home initially received the deficiency report
from the licensing authority submits a plan of
correction. The plan of correction shall
specify the following:
(A) the measures that will be put in place
to correct the deficiency;
(B) the systems that will be put in place
to prevent a re-occurrence of the
deficiency;
(C) the individual or individuals who will
monitor the corrective action; and
(D) the date the deficiency will be
corrected which shall be no later than
60 days from the date the routine
monitoring was concluded.
(2) The licensing authority shall notify a
residential maternity home in writing of the
decision to deny, suspend or revoke a license.
(3) Appeal procedures specified in 10A NCAC
70L .0301 shall be applicable for persons
seeking an appeal to the licensing authority's
decision to deny, suspend or revoke a license.
(e) Licensure shall be denied when it is determined that the
following conditions apply:
(1) the applicant owns a facility or agency
licensed under G.S. 122C and that facility or
agency incurred a penalty for a Type A or B
violation under Article 3 of G.S. 122C, or any
combination thereof, and any one of the
following conditions exist:
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(A) A single violation has been assessed
in the six months prior to the
application.
(B) Two violations have been assessed in
the 18 months prior to the application
and 18 months have not passed from
the date of the most recent violation.
(C) Three violations have been assessed
in the 36 months prior to the
application and 36 months have not
passed from the date of the most
recent violation.
(D) Four or more violations have been
assessed in the 60 months prior to
application and 60 months have not
passed from the date of the most
recent violation.
(2) the Department of Health and Human Services
has initiated revocation or summary
suspension proceedings against any facility
licensed pursuant to G.S. 122C, Article 2; G.S.
131D, Articles 1 or 1A; or G.S. 110, Article 7
that was previously held by the applicant and
the applicant voluntarily relinquished the
license and 60 months have not passed from
the date of the revocation or summary
suspension;
(3) there is a pending appeal of a denial,
revocation or summary suspension of any
facility licensed pursuant to G.S. 122C, Article
2; G.S. 131D, Articles 1 or 1A; or G.S. 110,
Article 7 that is owned by the applicant;
(4) the applicant has an individual as part of their
governing body or management who
previously held a license that was revoked or
summarily suspended under G.S. 122C,
Article 2; G.S. 131D, Articles 1 or 1A; and
G.S. 110, Article 7 and the rules adopted under
these laws and 60 months have not passed
from the date of the revocation or summary
suspension;
(5) the applicant is an individual who has a
finding or pending investigation by the Health
Care Personnel Registry in accordance with
G.S. 131E-256; or
(6) the applicant is an individual who has a
finding on the Responsible Individual's List as
described in 10A NCAC 70A .0102.
History Note: Authority G.S. 131D-10.10; 143B-153;
Eff. October 1, 2008;
Amended Eff. August 1, 2011.
10A NCAC 70K .0201 PERSONNEL
(a) Staff Qualifications and Functions.
(1) Executive Director. There shall be an
executive director employed for the general
management and supervision of the maternity
home. The executive director shall meet the
requirements of a Social Services Program
Administrator I as defined by the North
Carolina Office of State Personnel. A copy of
these requirements can be obtained by
contacting the Division of Social Services at
828-669-3388 or by reviewing the following
web site:
(http://www.osp.state.nc.us/CLASS_SPECS/S
pec_Folder_03100-
04099/PDF_Files/04077.pdf). The college or
university degree shall be from a college or
university listed at the time of the degree in the
Higher Education Directory. This information
can be obtained by calling Higher Education
Publications, Inc. at 1-888-349-7715.
The executive director shall:
(A) direct the maternity home's program
of care and services in accordance
with policies established by the
governing board and within license
standards;
(B) recruit, employ, supervise and
discharge staff;
(C) assure a training program for staff;
(D) prepare the annual budget, supervise
expenditures, and operate within the
budget established;
(E) establish and maintain good working
relationships with other human
service agencies and represent the
agency in the community; and
(F) delegate authority to a staff member
meeting the qualifications described
in this Subparagraph during his or her
absence.
(2) Professional Services Staff. The maternity
home shall have available professional
services personnel to assure appropriate
services are provided for each resident in
accordance with her case plan or out-of-home
family services agreement.
(3) Social Work Supervisor. Social work
supervisors shall be employed by the maternity
home to supervise, evaluate and monitor the
work and progress of the social work staff.
The social work supervisor shall meet the
requirements of a Social Work Supervisor II as
defined by the North Carolina Office of State
Personnel. A copy of these requirements can
be obtained by contacting the Division of
Social Services at 828-669-3388 or by
reviewing the following web site:
(http://www.osp.state.nc.us/CLASS_SPECS/S
pec_Folder_03100-
04099/PDF_Files/04016.pdf). The college or
university degree shall be from a college or
university listed at the time of the degree in the
Higher Education Directory. Social work
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supervisors shall receive 24 hours of
continuing education annually.
(4) Social Worker. Social workers shall be
employed by the maternity home to provide
intake services and social work services to the
residents and their families in accordance with
the case plan or out-of-home family services
agreement. The social worker shall meet the
requirements of a Social Worker II as defined
by the North Carolina Office of State
Personnel. A copy of these requirements can
be obtained by contacting the Division of
Social Services at 828-669-3388 or by
reviewing the following web site:
(http://www.osp.state.nc.us/CLASS_SPECS/S
pec_Folder_03100-
04099/PDF_Files/04012.pdf). The college or
university degree shall be from a college or
university listed at the time of the degree in the
Higher Education Directory. Social workers
shall receive 24 hours of continuing education
annually.
(5) Direct Care Staff. All direct care staff shall
have a high-school diploma or GED. Direct
care staff shall receive 24 hours of continuing
education annually.
(6) Direct Care Supervisory Staff. All direct care
supervisory staff shall have a high-school
diploma or GED. Direct care supervisory staff
shall receive 24 hours of continuing education
annually.
(7) Staff members of the maternity home may
maintain dual employment or serve as
volunteers with adoption agencies or crisis
pregnancy centers as long as the maternity
home does not provide services to the clients
of the adoption agency or crisis pregnancy
center. Staff members of the maternity home
may serve on the board of directors of
adoption agencies or crisis pregnancy centers
as long as the adoption agency or crisis
pregnancy center does not provide services to
the clients of the maternity home.
(b) Staffing Requirements. There shall be at least one social
worker assigned for every 15 residents. Supervision of social
workers shall be assigned as follows:
Supervisors
Required
Social Workers
Employed
0 0-4
(executive director
serves as social work
supervisor)
1 5
2 6-10
3 11-15
There shall be one additional supervisor for
every one to five additional social workers.
(c) Direct Care Staff. Direct care staff shall be employed for
direct care of maternity home residents (residents include
mothers and infants as well as any children or dependents of
staff members who live or are cared for in the home). There
shall be at least one direct care staff member assigned for every
eight residents during waking hours and one direct care staff
member for every twelve residents during sleeping hours.
Additional direct care staff or other personnel shall be available
to assist with emergency situations or special needs of the
residents.
(d) Direct Care Supervisory Staff. There shall be at least one
direct care supervisor for every 15 direct care staff members.
(e) Volunteers and Interns. If the maternity home uses
volunteers or interns to work directly with residents, the
requirements of 10A NCAC 70F .0207 apply.
(f) Additional Personnel Requirements. In addition to those
requirements specified in 10A NCAC 70F .0207, the following
rules are applicable to maternity home programs:
(1) Health Examinations. All direct care staff,
food service staff and anyone serving in the
capacity of direct care staff and food service
staff shall have a medical examination
completed by a physician, physician's
assistant, or nurse practitioner, hereafter
referred to as "licensed medical provider,"
within at least 12 months before beginning
employment and biennially thereafter. The
agency shall maintain documentation that all
direct care staff and food service staff or
anyone serving in the capacity of direct care
staff and food service staff have had a TB skin
test or chest x-ray prior to employment unless
contraindicated by a licensed medical
provider. A medical history form shall be
completed by all direct care staff and food
service staff. Examinations must include tests
necessary to determine that the staff member is
able to carry out assigned duties and does not
have any communicable disease or condition
which poses risk of transmission in the facility.
A report of each examination shall be made a
part of the employee's personnel file. A
medical examination report shall be completed
on any adopted children or relative children of
direct care staff residing in the maternity home
within 12 months prior to the license date.
The birth children of direct care staff who
reside in the maternity home shall be tested for
TB only if one or more of the parents tests
positive for TB. There shall be documentation
that adopted children or other relative children
residing in the maternity home have had a TB
skin test or chest x-ray prior to initial licensure
unless contraindicated by a licensed medical
provider. A medical examination and TB test,
if required, shall be completed on any children
or relative children of direct care staff who
subsequently begin residing in the maternity
home. Examinations shall include tests
APPROVED RULES
26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011
396
necessary to determine that the children or
relative children of staff members who reside
in the maternity home do not have any
communicable diseases or conditions which
pose risk of transmission in the facility. A
medical history form shall be completed on
any children or relative children of direct care
staff who reside in the living unit. Medical
examination reports and medical history forms
of children of the residents residing the
maternity home shall be maintained in the
personnel file of their parent or relative.
(2) Staff Development. The maternity home staff
shall have a written staff development plan
which provides staff training in the following
areas:
(A) medical, physical, and psychological
aspects of pregnancy;
(B) prenatal and postnatal care;
(C) developmental needs of adolescents
and young adults;
(D) developmental needs of infants and
children;
(E) parenting preparation classes;
(F) stages of growth in infants;
(G) day-to-day care of infants;
(H) disciplinary techniques for infants,
children and adolescents;
(I) education planning;
(J) job seeking skills;
(K) locating housing;
(L) money management;
(M) food management;
(N) child care;
(O) health education;
(P) stress management;
(Q) life skills;
(R) decision making;
(S) substance abuse;
(T) pregnancy prevention;
(U) counseling skills;
(V) emergency medical care; and
(W) nutrition and food preparation.
(3) A residential maternity home shall ensure that
a staff member trained in cardiopulmonary
resuscitation (CPR) and first aid, such as those
provided by the American Red Cross, the
American Heart Association or equivalent
organizations, is always available to the clients
in care; and that direct care service personnel
shall receive training in first aid and CPR
within the first 30 days of employment.
Training in CPR shall be appropriate for the
ages of clients in care. First aid and CPR
training shall be updated as required by the
American Red Cross, the American Heart
Association or equivalent organizations.
History Note: Authority G.S. 131D-10.10; 143B-153;
Eff. February 1, 1986;
Amended Eff. June 1, 1990;
RRC Objection Eff. April 15, 1993 Due to
Lack of Statutory Authority;
Amended Eff. August 1, 2011; August 1, 2010;
November 1, 2009; October 1, 2008; July 2,
1993.
TITLE 12 – DEPARTMENT OF JUSTICE
12 NCAC 10B .0502 BASIC LAW ENFORCEMENT
TRAINING COURSE FOR DEPUTIES
(a) The basic training course for deputy sheriffs consists of
instruction designed to provide the trainee with the skills and
knowledge to perform those tasks essential to function in law
enforcement.
(b) The course entitled "Basic Law Enforcement Training" shall
consist of a minimum of 620 hours of instruction and shall
include the following identified topical areas and minimum
instructional hours for each:
(1) LEGAL UNIT
(A) Motor Vehicle Laws
20 hours
(B) Preparing for Court and Testifying in
Court 12 hours
(C) Elements of Criminal Law
24 hours
(D) Juvenile Laws and Procedures
10 hours
(E) Arrest, Search and
Seizure/Constitutional Law
28 hours
(F) ABC Laws and Procedures
4 hours
UNIT TOTAL 98 hours
(2) PATROL DUTIES UNIT
(A) Techniques of Traffic Law
Enforcement 24 hours
(B) Explosives and Hazardous Materials
Emergencies 12 hours
(C) Traffic Accident Investigation
20 hours
(D) In-Custody Transportation
8 hours
(E) Crowd Management 12 hours
(F) Patrol Techniques 26 hours
(G) Law Enforcement Communication
and Information Systems
8 hours
(H) Anti-Terrorism 4 hours
(I) Rapid Deployment 8 hours
UNIT TOTAL 122 hours
(3) LAW ENFORCEMENT COMMUNICATION
UNIT
(A) Dealing with Victims and the Public
10 hours
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397
(B) Domestic Violence Response
12 hours
(C) Ethics for Professional Law
Enforcement 4 hours
(D) Individuals w