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This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 NORTH CAROLINA REGISTER VOLUME 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 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 363 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 364 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 365 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 366 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 367 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 368 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 369 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 370 IN ADDITION 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 371 IN ADDITION 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 372 PROPOSED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 373 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 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 375 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 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 376 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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 384 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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 385 (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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 386 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; APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 387 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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 388 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; APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 389 (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; APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 390 (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. APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 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: APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 394 (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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 395 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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 397 (B) Domestic Violence Response 12 hours (C) Ethics for Professional Law Enforcement 4 hours (D) Individuals w
Object Description
Description
Title | North Carolina register |
Date | 2011-09-01 |
Description | Vol. 26, issue 5 (September 1, 2011) |
Digital Characteristics-A | 5656 KB; 81 p. |
Digital Format | application/pdf |
Full Text | 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 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 363 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 364 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 365 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 366 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 367 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 368 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 369 EXECUTIVE ORDERS 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 370 IN ADDITION 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 371 IN ADDITION 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 372 PROPOSED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 373 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 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 375 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 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 376 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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 384 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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 385 (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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 386 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; APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 387 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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 388 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; APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 389 (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; APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 390 (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. APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 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: APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 394 (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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 395 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 APPROVED RULES 26:05 NORTH CAROLINA REGISTER SEPTEMBER 1, 2011 397 (B) Domestic Violence Response 12 hours (C) Ethics for Professional Law Enforcement 4 hours (D) Individuals w |
OCLC number | 13686205 |