North Carolina register, July 1998 - present

              This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 23 ● ISSUE 24 ● Pages 2424 – 2564
June 15, 2009
I. IN ADDITION
DENR/Notice of Extended Comment Period.................................................. 2424
Brownfields Property – Gastonia CRS Investments, LLC.............................. 2425
II. PROPOSED RULES
Environment and Natural Resources, Department of
Department...................................................................................................... 2426 – 2431
Occupational Licensing Boards and Commissions
Occupational Therapy, Board of ..................................................................... 2431 – 2434
Administrative Hearings, Office of
Administrative Hearings, Office of................................................................. 2434 – 2438
III. EMERGENCY RULES
Community Colleges, Department of
Community Colleges, Board of....................................................................... 2439 – 2440
Public Instruction, Department of
Education, State Board of ............................................................................... 2439
IV. RULES REVIEW COMMISSION ................................................................. 2441 – 2444
V. CONTESTED CASE DECISIONS
Index to ALJ Decisions ...................................................................................... 2445 – 2456
Text of ALJ Decisions
07 DHR 2009 .................................................................................................. 2457 – 2462
08 DHR 1441 .................................................................................................. 2463 – 2473
08 DHR 1671 .................................................................................................. 2474 – 2491
05 EHR 1205...................................................................................................2492 – 2510
08 EHR 1067...................................................................................................2511 – 2523
08 OSP 0212 ................................................................................................... 2524 – 2541
08 OSP 0984 ................................................................................................... 2542 – 2564
PUBLISHED BY
The Office of Administrative Hearings
Rules Division
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone (919) 431-3000
Fax (919) 431-3104
Julian Mann, III, Director
Camille Winston, Deputy Director
Molly Masich, Codifier of Rules
Dana Vojtko, Publications Coordinator
Julie Edwards, Editorial Assistant
Tammara Chalmers, Editorial Assistant
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
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
contact: William Crumbley, Economic Analyst william.crumbley@ncmail.net (919) 807-4740
Governor’s Review
Eddie Speas eddie.speas@nc.gov
Legal Counsel to the Governor (919) 733-5811
116 West Jones Street
Raleigh, North Carolina 27603
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney karenc@ncleg.net
Jeff Hudson, Staff Attorney jeffreyh@ncleg.net
County and Municipality Government Questions or Notification
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn jim.blackburn@ncacc.org
Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Erin L. Wynia ewynia@nclm.org
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2009 – December 2009
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
23:13 01/02/09 12/08/08 01/17/09 03/03/09 03/20/09 05/01/09 05/2010 09/29/09
23:14 01/15/09 12/19/08 01/30/09 03/16/09 03/20/09 05/01/09 05/2010 10/12/09
23:15 02/02/09 01/09/09 02/17/09 04/03/09 04/20/09 06/01/09 05/2010 10/30/09
23:16 02/16/09 01/26/09 03/03/09 04/17/09 04/20/09 06/01/09 05/2010 11/13/09
23:17 03/02/09 02/09/09 03/17/09 05/01/09 05/20/09 07/01/09 05/2010 11/27/09
23:18 03/16/09 02/23/09 03/31/09 05/15/09 05/20/09 07/01/09 05/2010 12/11/09
23:19 04/01/09 03/11/09 04/16/09 06/01/09 06/22/09 08/01/09 05/2010 12/27/09
23:20 04/15/09 03/24/09 04/30/09 06/15/09 06/22/09 08/01/09 05/2010 01/10/10
23:21 05/01/09 04/09/09 05/16/09 06/30/09 07/20/09 09/01/09 05/2010 01/26/10
23:22 05/15/09 04/24/09 05/30/09 07/14/09 07/20/09 09/01/09 05/2010 02/09/10
23:23 06/01/09 05/08/09 06/16/09 07/31/09 08/20/09 10/01/09 05/2010 02/26/10
23:24 06/15/09 05/22/09 06/30/09 08/14/09 08/20/09 10/01/09 05/2010 03/12/10
24:01 07/01/09 06/10/09 07/16/09 08/31/09 09/21/09 11/01/09 05/2010 03/28/10
24:02 07/15/09 06/23/09 07/30/09 09/14/09 09/21/09 11/01/09 05/2010 04/11/10
24:03 08/03/09 07/13/09 08/18/09 10/02/09 10/20/09 12/01/09 05/2010 04/30/10
24:04 08/17/09 07/27/09 09/01/09 10/16/09 10/20/09 12/01/09 05/2010 05/14/10
24:05 09/01/09 08/11/09 09/16/09 11/02/09 11/20/09 01/01/10 05/2010 05/29/10
24:06 09/15/09 08/24/09 09/30/09 11/16/09 11/20/09 01/01/10 05/2010 06/12/10
24:07 10/01/09 09/10/09 10/16/09 11/30/09 12/21/09 02/01/10 05/2010 06/28/10
24:08 10/15/09 09/24/09 10/30/09 12/14/09 12/21/09 02/01/10 05/2010 07/12/10
24:09 11/02/09 10/12/09 11/17/09 01/02/10 01/20/10 03/01/10 05/2010 07/30/10
24:10 11/16/09 10/23/09 12/01/09 01/15/10 01/20/10 03/01/10 05/2010 08/13/10
24:11 12/01/09 11/05/09 12/16/09 02/01/10 02/22/10 04/01/10 05/2010 08/28/10
24:12 12/15/09 11/20/09 12/30/09 02/15/10 02/22/10 04/01/10 05/2010 09/11/10
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.
IN ADDITION
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2424
NOTICE OF EXTENDED COMMENT PERIOD
Triennial Review of Groundwater Quality Standards
Rule 15A NCAC 02L .0202
A Notice of Text was previously published in the April 1, 2009 issue (Volume 23: Issue 19) of the NC Register for this proposed rule,
and it included notice of three public hearings, which were held on April 21, April 23 and April 30, 2009, as well as a comment
period, which ended on June 1, 2009. Subsequent to that notice, the Division of Water Quality (DWQ) received a request for
additional time in order for local governments to provide comments. Based on this request, DWQ will extend the comment period for
21 days until June 22, 2009 in order to provide further opportunity for comments on the proposed groundwater rule to be submitted.
Comments already received during the April 1, 2009 – June 1, 2009 comment period will remain in the hearing record.
The EMC is interested in all comments pertaining to these proposed rule changes. It is very important that all interested and
potentially affected persons or parties make their views known to the EMC whether in favor of or opposed to any or all of the
proposed amendments. Written comments may be submitted to Sandra Moore of the Division of Water Quality Planning Section at the
postal address, e-mail address, or fax number listed in this notice. The comment period ends June 22, 2009, and this proposed rule is
scheduled to appear on the agenda of the September 2009 EMC meeting.
Address: Sandra Moore
DENR/DWQ Planning Section,
1617 Mail Service Center
Raleigh, N.C. 27699-1617
Phone: (919) 807-6417
Fax: (919) 807-6497
E-mail: Sandra.moore@ncdenr.gov
IN ADDITION
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2425
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Gastonia CRS Investments, LLC
"Please take notice that the full Notice of Intent to Redevelop a Brownfields Property for the property located at 1224 Isley Drive,
Gastonia, North Carolina and owned by Gastonia CRS Investments, LLC, may also be reviewed at the Gaston County Public Library,
1555 East Garrison Blvd, Gastonia, NC 28202 by contacting Cindy Moose at that address, at 704-868-2164 or at
celler@co.gaston.nc.us, in addition to locations noted in the June 1, 2009 edition of the North Carolina Register."
PROPOSED RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2426
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Department of Environment and Natural Resources
intends to adopt the rules cited as 15A NCAC 09C .1228 -
.1260 and repeal the rules cited as 15A NCAC 09C .0701,
.0703, .0705, .0707 - .0713, .0721, .0726 - .0727, .0802 -
.0805, .0814 - .0823, .0825, .0827 - .0828, and .1201 - .1227.
Proposed Effective Date: October 1, 2009
Instructions on How to Demand a Public Hearing (must be
requested in writing within 15 days of notice): If you demand
a public hearing, please forward a typed or handwritten letter
indicating your specific reasons to the following address: NC
Division of Forest Resources, Attention: Chris Carlson, 1616
Mail Service Center, Raleigh, NC 27699-1616.
Reason for Proposed Action: This action will consolidate
the three separate Administrative Codes (Educational State
Forests, Dupont State Forest, Bladen Lakes State Forest) into
one code for all "State Forests."
Procedure by which a person can object to the agency on a
proposed rule: If you have any objections to the proposed
rules, please forward a typed or handwritten letter indicating
your specific reasons for your objections to the following
address: NC Division of Forest Resources, Attention: Chris
Carlson, 1616 Mail Service Center, Raleigh, NC 27699-1616.
Comments may be submitted to: Chris Carlson, 1616 Mail
Service Center, Raleigh, NC 27699-1616, phone (919) 857-
4819, fax (919) 857-4806, email chris.carlson@ncdenr.gov
Comment period ends: August 14, 2009
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption
of the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided
in G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 09 - DIVISION OF FOREST RESOURCES
SUBCHAPTER 09C - DIVISION PROGRAMS
SECTION .0700 - BLADEN LAKES STATE FOREST
NOTE: Pursuant to G.S. 150B-21.17, the Codifier has
determined that publication of the complete text of the rules
proposed for repeal is impractical. The text of the repealed
rules is accessible on the OAH Website:
http//www.ncoah.com.
15A NCAC 09C .0701 PURPOSE
15A NCAC 09C .0703 CONTRUCTION
15A NCAC 09C .0705 PERMITS
15A NCAC 09C .0707 HUNTING
15A NCAC 09C .0708 FISHING
15A NCAC 09C .0709 TRESPASS
15A NCAC 09C .0710 FIREARMS
15A NCAC 09C .0711 EXPLOSIVES
15A NCAC 09C .0712 DISPOSAL OF REFUSE:
GARBAGE: ETC.
15A NCAC 09C .0713 FLOWERS: PLANTS:
MINERALS: ETC.
15A NCAC 09C .0721 WARMING FIRES
15A NCAC 09C .0726 ENFORCEMENT
15A NCAC 09C .0727 EXPULSION
Authority G.S. 113-8; 113-34; 113-35; 113-55.1.
SECTION .0800 - EDUCATIONAL STATE FORESTS
15A NCAC 09C .0802 DEFINITIONS
15A NCAC 09C .0803 CONTRUCTION
15A NCAC 09C .0804 TERRITORIAL SCOPE
15A NCAC 09C .0805 PERMITS
15A NCAC 09C .0814 ANIMALS AT LARGE
15A NCAC 09C .0815 BOATING
15A NCAC 09C .0816 CAMPING
15A NCAC 09C .0817 SPORTING AND GAME
15A NCAC 09C .0818 HORSES
PROPOSED RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2427
15A NCAC 09C .0819 BICYCLES
15A NCAC 09C .0820 HUNTING AND FISHING
15A NCAC 09C .0821 EXPLOSIVES
15A NCAC 09C .0822 FIREARMS
15A NCAC 09C .0823 FIRES
15A NCAC 09C .0825 DISORDERLY CONDUCT
15A NCAC 09C .0827 INTOXICATING BEVERAGES
AND DRUGS
15A NCAC 09C .0828 COMMERCIAL
ENTERPRISES
Authority G.S. 113-22; 113-34; 113-35.
SECTION .1200 - DUPONT STATE FOREST
15A NCAC 09C .1201 PURPOSE
15A NCAC 09C .1202 DEFINITION OF TERMS
15A NCAC 09C .1203 PERMITS
15A NCAC 09C .1204 ROCK OR CLIFF CLIMBING
AND RAPPELLING
15A NCAC 09C .1205 BATHING OR SWIMMING
15A NCAC 09C .1206 HUNTING
15A NCAC 09C .1207 FISHING
15A NCAC 09C .1208 ANIMALS AT LARGE
15A NCAC 09C .1209 BOATING
15A NCAC 09C .1210 CAMPING
15A NCAC 09C .1211 SPORTING AND GAMES
15A NCAC 09C .1213 BICYCLES
15A NCAC 09C .1214 EXPLOSIVES
15A NCAC 09C .1215 FIREARMS
15A NCAC 09C .1216 FIRES
15A NCAC 09C .1217 DISORDERLY CONDUCT
15A NCAC 09C .1218 INTOXICATING BEVERAGES
15A NCAC 09C .1219 COMMERCIAL
ENTERPRISES
15A NCAC 09C .1220 NOISE REGULATIONS
15A NCAC 09C .1221 MEETINGS AND
EXHIBITIONS
15A NCAC 09C .1222 ALMS AND CONTRIBUTIONS
15A NCAC 09C .1223 AVIATION
15A NCAC 09C .1224 EXPULSION
15A NCAC 09C .1225 MOTORIZED VEHICLES:
WHERE PROHIBITED
15A NCAC 09C .1226 FLOWERS: PLANTS:
MINERALS: ETC.
15A NCAC 09C .1227 FEES AND CHARGES
Authority G.S. 113-8; 113-34; 113-35.
15A NCAC 09C .1228 SCOPE
(a) This section coordinates the use of all North Carolina's
State Forests and Educational State Forests into one combined
set of rules. This is in keeping with the Division of Forest
Resources mission to develop, protect and manage the
multiple resources of North Carolina's forests through
professional stewardship, enhancing the quality of life for our
citizens while ensuring the continuity of these vital resources.
Educational State Forests and other State Forests will each
have a mission statement and will be sustainably managed
under a State Forest Management Plan.
(b) All North Carolina Educational State Forests and State
Forest rules are effective within and upon the properties
defined as Educational State Forests and State Forests under
the jurisdiction of the Department.
Authority G.S. 113-8; 113-34; 113-35.
15A NCAC 09C .1229 DEFINITIONS OF TERMS
(a) "Bike Trail" means any road or trail maintained for
bicycles.
(b) "Bridle Trail" means any road or trail maintained for
persons riding on horseback.
(c) "Department" means the NC Department of Environment
and Natural Resources.
(d) "Division" means the NC Division of Forest Resources.
(e) "Educational State Forest" refers to any state forest
property operated by the Division of Forest Resources for the
purpose of educating schoolchildren and the public.
(f) "Forest Supervisor" means an employee of the Division of
Forest Resources who is a forest ranger and provides
supervision to other DFR employees of the forest.
(g) "Group" means a number of individuals related by a
common factor, having structured organization, defined
leadership, and whose activities are directed by a charter or
written bylaws.
(h) "Hiking Trail" means any road or trail maintained for
pedestrians.
(i) "Multi-use Trail" means any trail maintained for use by
two or more of the following: horseback riding, bicycle; or
pedestrian.
(j) "Hunting" means the lawful hunting of game animals as
defined by the NC Wildlife Resources Commission.
(k) "Motorized vehicle" means every vehicle which is self-propelled
or which is pulled by a self-propelled vehicle (such
as a camping trailer, fifth-wheel travel trailer, motor home,
travel trailer, and truck camper). A self-propelled vehicle
shall include, but is not limited to passenger automobiles,
mopeds, off-road vehicles (ORV), golf carts, motorcycles,
mini-bikes, all-terrain vehicles, Segways, and go-carts. This
does not include motorized wheel chairs or other similar
vehicles designed for and used by persons with disabilities.
(G.S. 20-4.01)
(l) "Permit" means any written license issued by or under the
authority of the Division or Department permitting the
performance of a specified act or acts.
(m) "Permittee" means any person, corporation, company or
association in possession of a valid permit.
(n) "Person" means any individual, firm, partnership,
corporation, association, public or private institution, political
subdivision, or government agency. (G.S. 113-60.22(4))
(o) "Public building" means a climate-controlled structure
primarily for human habitation or use, and does not include
barns, shelters or sheds.
(p) "Public nudity" means a person's intentional failure to
cover with a fully opaque covering the person's genitals, pubic
area, anal area, or female breasts below a point from the top of
the areola while in a public place.
PROPOSED RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2428
(q) "Rock climbing" means traversing a rock face that is steep
enough to require the use of hands and feet to get up or down.
(r) "Secretary" means the Secretary of the Department.
(s) "State Forest" means any land owned by the State of North
Carolina, under the jurisdiction of the Division of Forest
Resources, that is sustainably managed under a State Forest
Management Plan approved by the Division Director, for the
purposes of education, demonstration, training, forest
research, wildlife habitat, forest products and recreation as
identified in the approved forest management plan.
(t) "State Forest Management Plan" is a plan prepared by a
forester of the N.C. Division of Forest Resources and
approved by the Division director. Such plan shall include
management practices to ensure forest productivity and
environmental protection of the land to be treated under the
management plan.
(u) "Swimming area" means any beach or water area
designated by the Division as a swimming, wading and
bathing area.
Authority G.S. 113-35; 113-28.1; 113-55.1.
15A NCAC 09C .1230 PERMITS
(a) A permit authorizes an act only when that act strictly
conforms with the terms contained on the permit, or in
applicable rules, and to existing state laws.
(b) Any violation of the permit constitutes grounds for its
revocation, by the Department. In case of revocation, the
permit holder shall forfeit to the Department all money for the
permit. Furthermore, the department shall consider the permit
holder, together with his agents and employees who violated
such terms, jointly and severally liable to the Department for
all damages suffered in excess of money so forfeited.
However, neither the forfeiture of such money, nor the
recovery of such damages, nor both, in any manner relieves
such person from statutory punishment for any violation of a
provision of any State Forest or Educational State Forest rule.
(c) Applications for permits shall be made through the State
Forest or Educational State Forest Office during business
hours and approved by the Forest Supervisor or his/her
designee in advance of the act permitted.
Authority G.S. 113-8; 113-22; 113-34; 113-35.
15A NCAC 09C .1231 ROCK OR CLIFF CLIMBING
AND REPELLING
A person shall not engage in rock climbing, cliff climbing or
rappelling within the boundaries of a State Forest, except at
designated areas and only after obtaining a permit.
Authority G.S. 113-35.
15A NCAC 09C .1232 BATHING OR SWIMMING
(a) A person shall not dive or jump from any waterfalls or
rocks or overhangs into any body of water.
(b) A person shall not wade, bathe or swim in any body of
water in an Educational State Forest, except in designated
swimming areas.
(c) A person may wade, bathe or swim at his/her own risk in
any body of water in any State Forest, except within 300 feet
upstream of the top of a waterfall, and in other designated
non-swimming areas.
(d) Public Nudity:
(1) Public nudity is prohibited in all State Forest
and Educational State Forest lands or
waters. This Rule does not apply to the
enclosed portions of bathhouses, restrooms,
tents and recreational vehicles.
(2) Children under the age of five are exempt
from this restriction.
Authority G.S. 14-190.9; 113-35.
15A NCAC 09C .1233 HUNTING
(a) A person shall not hunt on any Educational State Forest
lands without obtaining a permit from the Forest Supervisor's
office and must obey all state hunting laws and rules currently
in effect.
(b) A person may hunt on a State Forest that is in the Game
Land program if the person obtains a Game Land permit from
a NC Wildlife Resources Commission designated licensing
agent and obeys all state hunting laws and rules currently in
effect for the applicable Game Land.
(c) Hunters shall not discharge a firearm or bow and arrow
within, into or across a posted safety zone.
(d) Hunters shall not erect or occupy any tree stand attached
to any tree, unless it is a portable stand that leaves no metal in
the tree.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1234 FISHING
(a) A person may fish in any waters in State Forests if the
person obeys all state fishing laws and rules.
(b) A person may fish in any waters of any Educational State
Forest if the person first obtains a permit from the Forest
Supervisor's office and obeys all state fishing laws and rules.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1235 ANIMALS AT LARGE
(a) Except in designated areas, no person shall have any dog,
cat or other pet upon a State Forest or Educational State Forest
unless the animal is on a leash and under the control of the
owner or some other person. Hunting dogs used in accordance
with NC Wildlife Commission Game Land Rules pertaining to
State Forests are exempt from this rule.
(b) No dog, cat or other pet shall be allowed to enter any
public building on State Forests, except assistance animals for
persons with disabilities.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1236 BOATING
(a) A person shall not operate a boat, canoe, kayak or other
watercraft in any waters on Educational State Forests without
obtaining a permit from the Forest Supervisor.
PROPOSED RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2429
(b) Boats, canoes, kayaks or other watercraft may be operated
on the waters of State Forests, provided they are manually
operated or propelled by means of oars, paddles or electric
trolling motors. Boats with gas motors attached are prohibited
on any waters of State Forests, except for use by rescue
squads, diving teams, or similar organizations conducting
training or emergency operations or forest staff conducting
maintenance operations.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1237 CAMPING
(a) No person shall spend the night or maintain a camp in an
Educational State Forests or State Forest except under permit,
and at such places and for such periods as may be designated.
(b) Unless otherwise provided in this Rule, the number of
persons camping at a particular site may be limited by the
forest supervisor depending upon the size of the group and the
size and nature of the campsite.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1238 SPORTS AND GAMES
No games or athletic contests shall be allowed except in places
as may be designated or under permit, and at such places and
for such periods as may be designated.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1239 HORSES
(a) No person shall use, ride or drive a horse except to, from,
or along a designated bridle path; multi-use trail designated for
horses or designated watering point.
(b) Each equestrian user shall remove from designated
parking areas all residues (including manure) generated by
his/her horse.
(c) When dismounted, horses shall be tied in such a manner as
to prevent damage to trees and other plants.
(d) Horses shall cross rivers and streams using bridges or
culverts if available.
(e) Horses shall not wade in lakes.
(f) Users shall possess valid Coggins papers for each horse
and make them available for inspection upon request.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1240 BICYCLES
(a) No person shall use or ride a bicycle except on a road or
trail authorized for use by motor vehicles or specifically
designated as a bicycle or multi-use trail.
(b) When crossing rivers or streams, bicycle use shall be
confined to bridges or culverts if available.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1241 SKATES, BLADES AND
BOARDS
No person shall use or ride roller skates, in-line skates, roller
blades, skate boards, or any similar device on any Educational
State Forest or State Forest road or trail or other maintained
surface.
Authority G.S. 113-35.
15A NCAC 09C .1242 EXPLOSIVES
No person shall carry or possess any explosives or explosive
substance including fireworks upon Educational State Forests
or State Forests. This does not apply to employees of the
department when they engage in construction or maintenance
activities.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1243 FIREARMS
No person except authorized forest law enforcement officers
of the department, or any other sworn law enforcement officer
shall carry or possess firearms of any description, or air guns
or pellet guns, on or upon an Educational State Forest or State
Forest. Properly licensed hunters that meet the requirements
of Rule .1233 of this Section, or persons meeting the
requirements of the NC Wildlife Resources Commission Rules
applicable to Educational State Forests or State Forests, are
exempt from this Rule.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1244 FIRES
(a) No person shall build or start a fire in any area of an
Educational State Forest or State Forest unless that area is
designated for such purpose.
(b) Tree planters and logging crews may build warming fires
if they obtain a permit and confine the fire to an area
temporarily designated for such purpose.
(c) Fires ignited for forest management purposes under the
provisions of a prescribed burning plan, approved by the
Forest Supervisor or his designee, are exempt from this Rule.
Authority G.S. 113-22; 113-34; 113-35; 113-60.40; 113-
60.41.
15A NCAC 09C .1245 DISORDERLY CONDUCT
(a) No person visiting on an Educational State Forest or State
Forest shall disobey a lawful order of a Division employee,
law enforcement officer, or any other Department official, or
endanger him/herself, or endanger or disrupt others.
(b) No person shall use, walk or run on or along a road or trail
that is designated closed for maintenance, tree removal or any
other purpose, or enter an area that is designated "No Entry",
"Do Not Enter" or "Authorized Personnel Only", except for
Division employees, or contractors working under the
direction of a Division employee, volunteers or individuals or
groups under permit, and at such places and for such periods
as may be designated.
Authority G.S. 113-22; 113-34; 113-35.
PROPOSED RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2430
15A NCAC 09C .1246 INTOXICATING BEVERAGES
AND DRUGS
No person shall use, or be under the influences of intoxicants,
marijuana, or non-prescribed narcotic drugs as defined in G.S.
90-87, while on an Educational State Forest or State Forest.
The public display or use of alcoholic beverages, marijuana or
non-prescribed narcotic drugs is hereby prohibited.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1247 DAMAGE TO BUILDINGS,
STUCTURES AND SIGNS
No person shall in any manner injure, deface, disturb, destroy
or disfigure any Educational State Forest or State Forest
building, structure, sign, fence, vehicle, machine or any
equipment found therein.
Authority G.S 113-35.
15A NCAC 09C .1248 COMMERCIAL
ENTERPRISES
No person shall while in or on an Educational State Forest or
State Forest, sell or offer for sale, hire, or lease, any object or
merchandise, property, privilege, service or any other thing, or
engage in any business except under permit , and at such
places and for such periods as may be designated. Sales from
which proceeds are used in direct support of the forest, or
sales conducted or contracted by the Department, are exempt
from this Rule.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1249 NOISE REGULATIONS
The production or emission of noises, amplified speech, music
or other sounds that annoy, disturb or frighten forest users in
an Educational State Forest or State Forest by any person, is
prohibited, except as permitted by the Forest Supervisor.
Authority G.S. 113-34; 113-35; 113-264(a).
15A NCAC 09C .1250 MEETINGS AND
EXHIBITIONS
A person, except for Department employees in performance of
official duties, shall not hold any meetings or exhibitions,
perform any ceremony, or make any speech, on an
Educational State Forest or State Forest without a permit
Authority G.S. 113-35.
15A NCAC 09C .1251 ALMS AND CONTRIBUTIONS
A person shall not solicit alms or contributions for any
purpose within an Educational State Forest or State Forest,
unless approved by the Division, and such contributions are
used to benefit the State Forest or Educational State Forest.
Authority G.S. 113-35.
15A NCAC 09C .1252 AVIATION
(a) Except as noted in Paragraphs (b) and (c) of this Rule, a
person shall not voluntarily bring, land or cause to descend or
alight, ascend or take off within or upon any Educational State
Forest or State Forest area, any airplane, flying machine,
balloon, parachute, glider, hang glider, or other apparatus for
aviation. Voluntarily in this connection shall mean anything
other than a forced landing.
(b) In forest areas where aviation activities are part of the
planned forest activities or military, law enforcement or rescue
training, a permit shall be required. Application for permits
may be made as provided by Rule .1230 of this Section.
(c) Emergency aircraft such as air ambulances and aerial
search helicopters, and Division aircraft are exempt from this
Rule.
Authority G.S. 113-35;
15A NCAC 09C .1253 EXPULSION
For violation of any rule in this Section, the Division may
withdraw the right of a person or persons to remain on an
Educational State Forest or State Forest.
Authority G.S. 113-8; 113-34; 113-35.
15A NCAC 09C .1254 MOTORIZED VEHICLES
(a) A person shall not drive a motorized vehicle in an
Educational State Forest or State Forest within or, upon a
safety zone, hiking trail, bridle trail, multi-use trail, fire trail,
service road, or any part of the forest not designated for such
purposes, except by permit.
(b) Motor bikes, mini-bikes, all terrain vehicles, and any other
unlicensed motor vehicle are prohibited within the forest
except by permit.
(c) A person shall not park a motorized vehicle in a manner
that blocks forest roads or gates.
(d) Unless otherwise posted, the speed limit on graveled
forest roads is 20 miles per hour, and on dirt roads is 10 miles
per hour.
(e) Vehicles exempt from this Rule are: Department vehicles;
authorized vendors; vehicles used in conjunction with forest
and emergency operations; vehicles of dependant employees
and resident family members.
Authority G.S. 113-35.
15A NCAC 09C .1255 FLOWERS, PLANTS,
MINERALS, ETC.
(a) A person shall not remove, destroy, cut down, scar,
mutilate, take, gather or injure any tree, flower, artifact, fern,
shrub, rock or other plant or mineral in any Educational State
Forest or State Forest area. Silvicultural activities performed
in accordance with an approved State Forest Management
Plan are exempt from this Rule.
(b) A person shall not collect plants, animals, minerals or
other artifacts from any Educational State Forest or State
Forest area without first having obtained a permit.
Authority G.S. 113-8; 113-34; 113-35.
PROPOSED RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2431
15A NCAC 09C .1256 TRASH AND DEBRIS
A person shall not deposit paper products, bottles, cans or any
other trash or debris in an Educational State Forest or State
Forest, except in receptacles designated for such materials.
Where trash receptacles are not provided persons shall pack
their trash out of the forest and dispose of it in a lawful
manner.
Authority G.S. 113-8; 113-34; 113-35.
15A NCAC 09C .1257 FEES AND CHARGES
(a) Payment of the appropriate fee shall be a prerequisite for
the use of the public service facility or convenience provided.
(b) Reservations must be canceled 30 days prior to the event
in order to receive a refund.
(c) Use Permit fees are non-refundable.
(d) The forest supervisor may waive fees for persons or
groups performing volunteer trail maintenance or other
activities providing benefit to the forest and for law
enforcement and military personnel involved in training.
(e) After review and recommendations from the Division, the
Secretary may set prices annually. Prices shall be listed in a
printed price list and made available to the public at the forest
office or through the Division's web site.
Authority G.S. 113-8; 113-34; 113-35.
15A NCAC 09C .1258 HOURS OF OPERATION
(a) Hours of operation may vary for individual forests. Hours
of operation for each State Forest or Educational State Forest
will be posted at the forest entrance, the forest office, and on
the Division's web site.
(b) No person except forest employees and authorized persons
shall be allowed within the forest between closing and opening
hours except under permit.
Authority G.S. 113-35.
15A NCAC 09C .1259 ENFORCEMENT
Departmental forest law enforcement officers, Forest Rangers,
and sworn law enforcement shall enforce these Rules.
Authority G.S. 113-8; 113-34; 113-35; 113-55.1.
15A NCAC 09C .1260 CONSTRUCTION
Construe these Rules as follows:
(1) Any terms in the singular include the plural,
and any terms in the masculine include the
feminine and the neuter.
(2) Any requirement or prohibition of any act,
includes the causing or procuring directly or
indirectly of such act.
(3) These Rules do not make unlawful any act
necessarily performed by any department
employee in line of work, or by any person
in the necessary execution of any agreement
with the department.
Authority G.S. 113-8; 113-34; 113-35.
TITLE 21 – OCCUPATIONAL AND LICENSING
BOARDS AND COMMISSIONS
CHAPTER 38 - BOARD OF OCCUPATIONAL
THERAPY
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Board of Occupational Therapy intends to
adopt, the rule cited as 21 NCAC 38 .0308 and amend the rule
cited as 21 NCAC 38 .0905.
Proposed Effective Date: November 1, 2009
Public Hearing:
Date: July 20, 2009
Time: 11:00 a.m.
Location: 150 Fayetteville Street, 13th Floor Conference
Room, Raleigh, NC 27601
Reason for Proposed Action: To further clarify the rules of
the North Carolina Board of Occupational Therapy
Procedure by which a person can object to the agency on a
proposed rule: Any person may object to either of these
proposed rule changes by submitting a written statement to
Charles P. Wilkins at P.O. Box 2280, Raleigh, NC 27602,
postmarked on or before September 4, 2009.
Comments may be submitted to: Charles P. Wilkins, P. O.
Box 2280, Raleigh, NC 27602, phone (919) 833-2752, fax
(919) 833-1059, email cwilkins@bws-law.com
Comment period ends: September 4, 2009
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption
of the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided
in G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
SECTION .0300 - LICENSING
PROPOSED RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2432
21 NCAC 38 .0308 CODE OF ETHICS
Pursuant to G.S. 90-270.76(a)(2) the Board adopts by
reference the Occupational Therapy Code of Ethics (2005) of
the American Occupational Therapy Association, including
subsequent amendments and editions. Copies of the American
Occupational Therapy Association Code of Ethics may be
obtained online at http://www.aota.org at no cost. To the
extent the Occupational Therapy Code of Ethics might conflict
with the North Carolina Occupational Therapy Practice Act or
the rules of the North Carolina Board of Occupational
Therapy, the North Carolina Occupational Therapy Practice
Act or the rules of the North Carolina Board of Occupational
Therapy shall take precedent.
Authority G.S. 90-270.69(4).
SECTION .0900 - SUPERVISION, SUPERVISORY
ROLES, AND CLINICAL RESPONSIBILITIES OF
OCCUPATIONAL THERAPIST AND OCCUPATIONAL
THERAPY ASSISTANTS
21 NCAC 38 .0905 DELINEATION OF CLINICAL
RESPONSIBILITIES
Regardless of the setting in which occupational therapy
services are delivered, the occupational therapist and the
occupational therapy assistant have the following
responsibilities during evaluation, intervention, and outcomes
evaluation:
(1) Evaluations:
(a) The occupational therapist shall;
(i) Direct the evaluation
process;
(ii) Determine the need for
services;
(iii) Define the problems
within the domain of
occupational therapy that
need to be addressed;
(iv) Determine the client's
goals and priorities in
collaboration with the
occupational therapy
assistant and the client or
caregiver;
(v) Interpret the information
provided by the
occupational therapy
assistant and integrate that
information into the
evaluation decision-making
process;
(vi) Establish intervention
priorities;
(vii) Determine specific future
assessment needs;
(viii) Determine specific
assessment tasks that can
be delegated to the
occupational therapy
assistant; and
(ix) Initiate and complete the
evaluation, interpret the
data, and develop the
intervention plan in
collaboration with the
occupational therapy
assistant.
(b) The occupational therapy assistant
may contribute to the evaluation
process by implementing
specifically delegated assessments
for which service competency has
been established.
(2) Intervention Planning:
(a) The occupational therapist shall
develop the occupational therapy
intervention plan. The plan shall
be developed collaboratively with
the occupational therapy assistant
and the client or caregiver; and
(b) The occupational therapy assistant
may provide input into the
intervention plan.
(3) Intervention implementation:
(a) The occupational therapist:
(i) Is responsible for
implementing the
occupational therapy
intervention;
(ii) May delegate aspects of
the occupational therapy
intervention to the
occupational therapy
assistant depending on the
occupational therapy
assistant's service
competency; and
(iii) Is responsible for
supervising all aspects of
intervention delegated to
the occupational therapy
assistant.
(b) The occupational therapy assistant
shall implement delegated aspects
of intervention in which the
occupational therapy assistant has
established service competency;
and
(c) Occupational therapists or
occupational therapy assistants
shall not be subject to disciplinary
action by the Board for refusing to
delegate or refusing to provide the
required training for delegation, if
the occupational therapist or
occupational therapy assistant
PROPOSED RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2433
determines that delegation may
compromise client safety.
(4) Intervention; review:
(a) The occupational therapist shall
meet with each client who has been
assigned to an occupational therapy
assistant, to further assess the
client, evaluate intervention, and, if
necessary, to modify the
individual's intervention plan. The
occupational therapy assistant may
be present at this meeting.
(b) The occupational therapist shall
determine the need for continuing
or discontinuing services; and
(c) The occupational therapy assistant
shall contribute to the process of
determining continuing or
discontinuing services by providing
information about the client's
response to intervention to assist
with the occupational therapist's
decision making.
(5) Documentation:
(a) The occupational therapy
practitioner shall document each
evaluation, intervention and
discharge plan and include the
following elements:
(i) Client name or identifiable
information;
(ii) Signature with
occupational therapist or
occupational therapy
assistant designation of
the occupational therapy
practitioner who
performed the service;
(iii) Date of the evaluation or
intervention;
(iv) Objective and measurable
description of contact or
intervention and client
response; and
(v) Length of time of
intervention session or
evaluation.
(a)(b) The occupational therapist shall
determine the overall completion of
the evaluation, intervention, or
discharge plan; and
(b)(c) The occupational therapy assistant
shall;
(i) Document intervention,
intervention response and
outcome; and
(ii) Document client's level of
function at discharge.
(6) Discharge:
(a) The occupational therapist shall
determine the client's discharge
from occupational therapy services;
and
(b) The occupational therapy assistant;
(i) Reports data for discharge
summary; and
(ii) Formulates discharge
and/or follow-up plans
under the supervision of
the occupational therapist.
(7) Outcome evaluation:
(a) The occupational therapist is
responsible for the selection,
measurement, and interpretation of
outcomes that are related to the
client's ability to engage in
occupations; and
(b) The occupational therapy assistant
must be knowledgeable about the
client's targeted occupational
therapy outcome and provide
information relating to outcome
achievement.
(8) Supervision of occupational therapy
students:
(a) An occupational therapy
practitioner shall comply with
Accreditation Council for
Occupational Therapy Education
(ACOTE) requirements for
experience when supervising Level
II fieldwork occupational therapist
and occupational therapy assistant
students, which ACOTE
requirements, including subsequent
amendments and editions, are
incorporated by reference. Copies
of the incorporated material are
available for inspection at the
Board office and are available for
purchase for five dollars ($5.00);
(b) The occupational therapist may
supervise Level I and Level II
fieldwork occupational therapist
and occupational therapy assistant
students; and
(c) The occupational therapy assistant
may:
(i) Supervise Level I
occupational therapist or
occupational therapy
assistant students;
(ii) Supervise Level II
occupational therapy
assistant students; and
(iii) Participate in the
supervision of Level II
occupational therapist
PROPOSED RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2434
students under the
direction and guidance of
the supervising
occupational therapist.
(9) Supervision of unlicensed personnel and
volunteers. Unlicensed personnel or
volunteers may be supervised by
occupational therapists or occupational
therapy assistants.
Authority G.S. 90-270.69.
TITLE 26 – OFFICE OF ADMINISTRATIVE HEARINGS
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Office of Administrative Hearings intends to adopt the rule
cited as 26 NCAC 01 .0105.
Proposed Effective Date: October 1, 2009
Public Hearing:
Date: August 14, 2009
Time: 9:00 a.m.
Location: 1711 New Hope Church Road, Raleigh, NC 27609
Reason for Proposed Action: To adopt a rule to facilitate
agency response to pandemic and other disasters.
Procedure by which a person can object to the agency on a
proposed rule: Written objections to the rule should be sent
to David Guilford, Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714 and
postmarked no later than August 14, 2009. The objection
letter should clearly state the reason for the objection.
Comments may be submitted to: David Guilford, 1711 New
Hope Church Road, Raleigh, NC 27609, email
david.guilford@oah.nc.gov
Comment period ends: August 14, 2009
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption
of the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided
in G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 01 - GENERAL
SECTION .0100 - GENERAL
26 NCAC 01 .0105 EMERGENCY WAIVER
The Director of the Office of Administrative Hearings shall
waive any rule adopted by the Office of Administrative
Hearings that is not statutorily required if the Director finds
that the waiver is necessary to protect the public health and
safety at any time:
(1) the President of the United States, the
Governor, the General Assembly, or a
mayor or board of county commissioners,
declares a state of emergency or state of
disaster;
(2) the State Health Director or a local health
director issues an isolation or quarantine
order; or
(3) the business and disaster recovery plan
required by G.S. 147-33.89 is implemented
by the OAH Business Continuity
Management Team.
Authority G.S. 7A-751(a).
* * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Office of Administrative Hearings intends to amend the
rules cited as 26 NCAC 03 .0201-.0202 and .0204-.0207.
Proposed Effective Date: October 1, 2009
Public Hearing:
Date: August 14, 2009
Time: 9:00 a.m.
Location: 1711 New Hope Church Road, Raleigh, NC 27609
Reason for Proposed Action: To update OAH rules to
comply with the Supreme Court rules for Superior Court
mediations.
Procedure by which a person can object to the agency on a
proposed rule: Written objections to the rules should be sent
to Don Overby, Administrative Law Judge, Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27699-6714 and postmarked no later than August 14,
2009. The objection letter should clearly state which rule the
objection is to and the reason for the objection.
Comments may be submitted to: Don Overby,
Administrative Law Judge, 1711 New Hope Church Road,
Raleigh, NC 27609, email Don.Overby@oah.nc.gov
PROPOSED RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2435
Comment period ends: August 14, 2009
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided
in G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 03 - HEARINGS DIVISION
SECTION .0200 - MEDIATION SETTLEMENT
CONFERENCE
26 NCAC 03 .0201 ORDER FOR MEDIATED
SETTLEMENT CONFERENCE
(a) Order by Chief Administrative Law Judge. The Chief
Administrative Law Judge may, by written order, require
parties and their representatives to attend a pre-hearing
mediated settlement conference in any contested case.
(b) Timing of the Order. The Chief Administrative Law
Judge may issue the order within 10 days of the filing of the
contested case petition. Paragraph (c) of this Rule and
Paragraph (b) of Rule .0203 of this Section shall govern the
content of the order and the date of completion of the
conference.
(c) Content of Order. The Chief Administrative Law Judge's
order shall:
(1) require the mediated settlement conference
be held in the contested case;
(2) establish a deadline for the completion of
the conference;
(3) state clearly that the parties have the right to
select their own mediator as provided in
Paragraphs Paragraph (a) and (b) of Rule
.0202 of this Section;
(4) state the rate of compensation of the
mediator appointed by the presiding
Administrative Law Judge pursuant to
Paragraph (c) of Rule .0202 of this Section
in the event that the parties do not exercise
their right to select a mediator; and
(5) state that the parties shall be required to pay
the mediator's fee at the conclusion of the
settlement conference unless otherwise
apportioned by the presiding Administrative
Law Judge.
(d) Motion to Dispense with Mediated Settlement
Conference. A party may move the presiding Administrative
Law Judge, within 10 days after the date of the Chief
Administrative Law Judge's order, to dispense with the
conference. Such motion shall state the reasons the relief is
sought. For good cause shown, the presiding Administrative
Law Judge may grant the motion.
(e) Motion for Mediated Settlement Conference. In contested
cases not ordered to mediated settlement conference, any party
may move the presiding Administrative Law Judge to order
such a conference. Such motion shall state the reasons why
the order should be allowed and shall be served on non-moving
parties. Objections may be filed in writing with the
presiding Administrative Law Judge within 10 days after the
date of the service of the motion. Thereafter, the presiding
Administrative Law Judge shall rule upon the motion without
a hearing and notify the parties or their attorneys of the ruling.
In the event that mediation is ordered, the parties may select a
mediator by agreement as provided in Paragraphs Paragraph
(a) and (b) of Rule .0202 of this Section within 21 days of the
date of the presiding Administrative Law Judge's order. If the
parties cannot agree or have failed to select a mediator within
the 21 days, the presiding Administrative Law Judge shall
appoint a certified mediator pursuant to Paragraph (c) of Rule
.0202 of this Section.
Authority G.S. 150B-23.1.
26 NCAC 03 .0202 SELECTION OF MEDIATOR
(a) Selection of Certified Mediator by Agreement of Parties.
The parties may select a certified mediator by agreement
within 21 days of the Chief Administrative Law Judge's order.
The petitioner's attorney shall file with the Office of
Administrative Hearings a Notice of Selection of Mediator by
Agreement within 21 days of the Chief Administrative Law
Judge's order. order, however, any party may file the notice.
Such notice shall include: the name, address and telephone
number of the mediator selected; the rate of compensation of
the mediator; the agreement of the parties as to the selection of
the mediator and rate of compensation; and whether or not that
the mediator is certified. certified pursuant to these Rules.
(b) Nomination and the Office of Administrative Hearings
Approval of a Non-Certified Mediator. The parties may select
a mediator who is not certified but who, in the opinion of the
parties and the presiding Administrative Law Judge, is
otherwise qualified by training or experience to mediate all or
some of the issues in the action and who agrees to mediate
indigent cases without pay. If the parties select a non-certified
mediator, the petitioner's attorney shall file with the presiding
Administrative Law Judge a Nomination of Non-Certified
Mediator within 21 days of the Chief Administrative Law
Judge's order. Such nomination shall include: the name,
address and telephone number of the mediator; the training,
experience or other qualifications of the mediator; the rate of
compensation of the mediator; and the agreement of the
parties as to the selection of the mediator and rate of
PROPOSED RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2436
compensation. The presiding Administrative Law Judge shall
rule on the nomination without a hearing, shall approve or
disapprove of the parties' nomination and shall notify the
parties of the presiding Administrative Law Judge's decision.
(b) The presiding Administrative Law Judge shall appoint
mediators certified by the Dispute Resolution Commission
pursuant to Paragraph (c) of this Rule.
(c) Appointment of Mediator by the presiding Administrative
Law Judge. If the parties cannot agree upon the selection of a
mediator, the petitioner or petitioner's attorney shall so notify
the presiding Administrative Law Judge and request, request
by motion, on behalf of all parties, that the presiding
Administrative Law Judge appoint a mediator. The motion
must be filed within 21 days of the date of the Chief
Administrative Law Judge's order and shall state that the
attorneys for the parties have had a full and frank discussion
concerning the selection of a mediator and have been unable
to agree. The motion shall state whether any party prefers a
certified attorney mediator, and if so, the presiding
Administrative Law Judge shall appoint a certified attorney
mediator. The motion may state that all parties prefer a
certified non-attorney mediator, and if so, the presiding
Administrative Law Judge shall appoint a certified non-attorney
mediator. If no preference is expressed, the presiding
Administrative Law Judge may appoint a certified attorney
mediator or a certified non-attorney mediator. Upon receipt of
a motion to appoint a mediator, or in the event the petitioner's
attorney has not filed failure of the parties to file a Notice of
Selection or Nomination of Non-Certified Mediator with the
presiding Administrative Law Judge within 21 days of the
Chief Administrative Law Judge's order, the presiding
Administrative Law Judge shall appoint a certified mediator.
mediator, certified pursuant to these Rules, who has expressed
a willingness to mediate contested cases. Only mediators who
agree to mediate indigent cases without pay shall be
appointed.
(d) Mediator Information Directory. To assist the parties in
the selection of a mediator by agreement, the Office of
Administrative Hearings shall prepare and keep current a list
of certified mediators who wish to mediate contested cases.
The list shall be kept in the Office of Administrative Hearings
and made available to the parties upon request.
(e) Disqualification of Mediator. Any party may move for an
order disqualifying the mediator. For good cause, such order
shall be entered. If the mediator is disqualified, a replacement
mediator shall be selected by the parties or appointed by the
presiding Administrative Law Judge pursuant to this Rule.
Nothing in this Paragraph shall preclude mediators from
disqualifying themselves.
Authority G.S. 7A-751(a); 150B-23.1.
26 NCAC 03 .0204 DUTIES OF PARTIES,
REPRESENTATIVES, AND ATTORNEYS
(a) Attendance. The following persons shall physically attend
a mediated settlement conference:
(1) All individual parties; or an officer,
employee of a party who is not a natural
person or agent parties, or an officer or
employee or agent of a party who is not a
natural person who is not such the party's
outside counsel and who has been
authorized to decide on behalf of such the
party whether and or on what terms to settle
the contested case; or in the case of a
governmental entity, an employee or agent
who is not such the party's outside counsel
and who has authority to decide on behalf of
such the party whether and what terms to
settle the contested case; provided if under
law proposed settlement terms can be
approved only by a Board, the representative
shall have authority to negotiate on behalf of
the party and to make a recommendation to
that Board;
(2) At least one counsel of record for each party
or other participant whose counsel has
appeared in the contested case; and
(3) For any insured party against whom a claim
is made, a representative of the insurance
carrier who is not such the carrier's outside
counsel and who has authority to make a
decision on behalf of such the carrier or who
has been authorized to negotiate on behalf of
the carrier and can promptly communicate
during the conference with persons who
have such the decision-making authority.
(b) Any party or person required to attend a mediated
settlement conference shall physically attend until an
agreement is reduced to writing and signed as provided in
Paragraph (c) of this Rule or an impasse has been declared.
Such The party or person may have the attendance
requirement excused or modified including the allowance of
that party's or person's participation without physical
attendance by order of the presiding Administrative Law
Judge, upon motion of a party and notice to all parties and
persons required to attend and the mediator. mediator, or by
agreement of all parties and persons required to attend and the
mediator.
(c) Finalizing Agreement. If an agreement is reached in the
conference parties shall reduce its terms to writing and sign it
along with their counsel. By stipulation of one or more of the
parties and at their expense, the agreement may be
electronically or stenographically recorded. A consent
judgment, voluntary dismissals, or withdrawal of petition shall
be filed with the Office of Administrative Hearings by such
the persons as the parties shall designate.
(d) Payment of Mediator's Fee. The parties shall pay the
mediator's fee as provided by Rule .0207 of this Section.
Authority G.S.7A-751(a); 150B-23.1.
26 NCAC 03 .0205 SANCTIONS FOR FAILURE
TO ATTEND
If a party or other person required to attend a mediated
settlement conference fails to attend, attend without good
cause, the presiding Administrative Law Judge may impose
upon the party or person any appropriate monetary sanction
PROPOSED RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2437
including, but not limited to, the payment of fines, attorneys
fees, mediator fees, expenses and loss of earnings incurred by
persons attending the conference as authorized by G.S. 150B-
33(b)(8) or (10). A party seeking sanctions against another
party or person shall do so in a written motion stating the
grounds for the motion and the relief sought. The motion shall
be served upon all parties and on any person against whom
sanctions are being sought. If the presiding Administrative
Law Judge imposes sanctions, it shall do so, after notice and a
hearing, in a written order, making findings of fact supported
by substantial evidence and conclusions of law.
History Note: Authority G.S. 7A-751(a); 150B-23.1.
26 NCAC 03 .0206 AUTHORITY AND DUTIES OF
MEDIATORS
(a) Authority of Mediator.
(1) Control of Conference. The mediator shall
at all times be in control of the conference
and the procedures to be followed.
(2) Private Consultation. The mediator may
communicate privately with any participant
or counsel prior to and during the
conference. The fact that private
communications have occurred with a
participant shall be disclosed to all other
participants at the beginning of the
conference.
(3) Scheduling the Conference. The mediator
shall make a good faith effort to schedule
the conference at a time that is convenient
with the participants, attorneys and
mediator. In the absence of agreement, the
mediator shall select the date for the
conference.
(b) Duties of Mediator.
(1) The mediator shall define and describe the
following at the beginning of the
conference:
(A) The process of mediation;
(B) The differences between mediation
and other forms of conflict
resolution;
(C) The costs of the mediated
settlement conference;
(D) The fact that the mediated
settlement conference is not a
hearing, the mediator is not a judge,
and the parties retain their right to a
hearing if they do not reach
settlement;
(E) The circumstances under which the
mediator may meet and
communicate privately with any of
the parties or with any other
person;
(F) Whether and under what conditions
communications with the mediator
will be held in confidence during
the conference;
(G) The inadmissibility of conduct and
statements as provided by Rule 408
of the North Carolina Rules of
Evidence;
(H) The duties and responsibilities of
the mediator and the participants;
and
(I) The fact that any agreement
reached will be reached by mutual
consent.
(2) Disclosure. The mediator shall be impartial
and advise all participants of any
circumstances bearing on possible bias,
prejudice or partiality.
(3) Declaring Impasse. It is the duty of the
mediator to determine that an impasse
exists, and that the conference should end.
(4) Reporting Results of Conference. The
mediator shall file a written report with the
parties and presiding Administrative Law
Judge within 10 days as to whether or not
agreement was reached by the parties. If an
agreement was reached, the report shall state
whether the action will be concluded by
consent judgment, voluntary dismissal, or
withdrawal of petition and shall identify the
persons designated to file such pleadings.
The mediator's report shall inform the
presiding Administrative Law Judge of the
absence of any party, attorney, or insurance
representative known to the mediator to
have been absent from the mediated
settlement conference without permission.
A copy of the Mediator's report shall also be
provided to the Attorney General of North
Carolina or his designee responsible for
evaluating the mediation program pursuant
to the 1993 N.C. Session Laws, c. 363, s. 2.
(5) Scheduling and Holding the Conference.
The mediator shall schedule the conference
and conduct it prior to the conference
completion deadline set out in the Chief
Administrative Law Judge's order.
Deadlines for completion of the conference
shall be strictly observed by the mediator
unless said time limit is changed by a
written order of the presiding Administrative
Law Judge.
Authority G.S. 7A-751(a); 150B-23.1.
26 NCAC 03 .0207 COMPENSATION OF THE
MEDIATOR
(a) By Agreement. When the mediator is stipulated to by the
parties, compensation shall be as agreed upon between the
parties and the mediator.
PROPOSED RULES
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2438
(b) By Order. When the mediator is appointed by the Office
of Administrative Hearings, the mediator shall be
compensated by the parties at the uniform hourly rate and a
one-time, per contested case, administrative fee, due upon
appointment, as set by the Chief Administrative Law Judge.
Judge except as provided by Paragraph (d) of this Rule. The
Chief Administrative Law Judge shall set the rate at the same
rate set by Rule 7 of the Rules of the North Carolina Supreme
Court Implementing Statewide Mediated Settlement
Conferences in Superior Court Civil Actions.
(c) Change of Appointed Mediator. Pursuant to Rule .0202 of
this Section, the parties have 21 days to select a mediator.
Parties who fail to select a mediator within that time frame and
then desire a substitution after the presiding Administrative
Law Judge has appointed a mediator, shall obtain approval
from the presiding Administrative Law Judge for the
substitution. If the presiding Administrative Law Judge
approves the substitution, the parties shall pay the presiding
Administrative Law Judge's original appointee the one time,
per case administrative fee provided for in Paragraph (b) of
this Rule.
(d) Indigent Cases. No party found to be indigent by the
presiding Administrative Law Judge shall be required to pay a
mediator fee. Any mediator conducting a settlement
conference pursuant to these Rules shall waive the payment of
fees from parties found by the presiding Administrative Law
Judge to be indigent. Any party may move the presiding
Administrative Law Judge for a finding of indigence and to be
relieved of the obligation to pay that party's share of the
mediator's fee. Such motion shall be heard subsequent to the
completion of the conference or, if the parties do not settle
their contested case, subsequent to the conclusion of the
contested case hearing but prior to the issuance of the
Administrative Law Judge's decision. In ruling upon such
motions, the presiding Administrative Law Judge shall apply
the criteria enumerated in G.S. 1-110(a), but The presiding
Administrative Law Judge may shall take into consideration
the outcome of the contested case, and whether a decision was
rendered in movant's favor. The presiding Administrative
Law Judge shall enter an order granting or denying a party's
request.
(e) Postponement Fees. As used in this Paragraph, the term
"postponement" shall mean reschedule or not proceed with a
settlement conference once a date for the settlement
conference has been agreed upon and scheduled by the parties
and the mediator. After a settlement conference has been
scheduled for a specific date, a party may not unilaterally
postpone the conference. A conference session may be
postponed by the mediator for good cause beyond the control
of the moving participant(s) only after notice by the movant to
all parties of the reason for the postponement, payment of a
postponement fee to the mediator, and consent of the mediator
and the opposing attorney. and a finding of good cause by the
mediator. Without a finding of good cause, a mediator may
also postpone a scheduled conference session with the consent
of all parties. If a mediation is postponed within seven
business days of the scheduled date, the fee shall be set at a
rate established by the Chief Administrative Law Judge.
Postponement fees shall be paid by the party requesting the
postponement unless otherwise agreed to between the parties.
Postponement fees are in addition to the one time, per case
administrative fee provided for in Paragraph (b) of this Rule.
The Chief Administrative Law Judge will set the rate at the
same rate set by Rule 7 of the Rules of the North Carolina
Supreme Court Implementing Statewide Mediated Settlement
Conferences in Superior Court Civil Actions.
(f) Payment of Compensation by Parties. Unless otherwise
agreed to by the parties or ordered by the presiding
Administrative Law Judge, mediator's fee shall be paid in
equal shares by the parties. For purposes of this Rule,
multiple parties shall be considered one party when they are
represented by the same counsel. Parties obligated to pay a
share of the costs shall pay them equally. Payment shall be
due upon completion of the conference unless there is a
pending motion for determination of indigency. In such case,
payment shall be due upon a ruling on the motion.
Authority G.S. 7A-751(a); 150B-23.1.
EMERGENCY RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2439
Note from the Codifier: The rules published in this Section of the NC Register are emergency rules reviewed by the Codifier of Rules
and entered in the North Carolina Administrative Code. The agency must subsequently publish a proposed temporary rule on the
OAH website (www.ncoah.com/rules) and submit that adopted temporary rule to the Rules Review Commission within 60 days from
publication of the emergency rule or the emergency rule will expire on the 60th day from publication.
This section of the Register may also include, from time to time, a listing of emergency rules that have expired. See G.S. 150B-21.1A
and 26 NCAC 02C .0600 for adoption and filing requirements.
TITLE 16 – DEPARTMENT OF PUBLIC
INSTRUCTION
Rule-making Agency: State Board of Education
Rule Citation: 16 NCAC 06C .0407
Effective Date: June 4, 2009
Findings Reviewed and Approved by the Codifier: May
27, 2009
Reason for Action: Per Session Law 2209-26, effective May
18, 2009: "[A]s soon as practicable, and no more than 10
calendar days from the effective date of this act, the Office of
State Budget and Management, the State Personnel
Commission, the State Board of Community Colleges, the
State Board of Education, and the University of North
Carolina shall adopt emergency rules for the implementation
of the new Executive Order and this act in accordance with
G.S. 150B-21.1A, except that notwithstanding G.S. 150B-
21.1A(d), those emergency rules may remain in effect until the
expiration of this section. This section does not require any
rule making if not otherwise required by law."
CHAPTER 06 – ELEMENTARY AND SECONDARY
EDUCATION
SUBCHAPTER 06C - PERSONNEL
SECTION .0400 – ANNUITIES AND PENSIONS
16 NCAC 06C .0407 FLEXIBLE FURLOUGH
LEAVE
(a) As part of the flexible furlough plan authorized in the
Governor's Executive Order Number Eleven signed on April
28, 2009 and Session Law 2009-26, full-time public school
employees shall receive ten hours of flexible furlough leave to
be taken between May 1 and December 31, 2009, in return for
the 0.5 percent reduction in salary required under the Order.
Non full-time employees will receive a proportional number
of flexible furlough leave hours based on their employment
term.
(b) Use of Flexible Furlough Leave shall be defined as
follows:
(1) Employees using flexible furlough leave
shall coordinate the leave times with their
immediate supervisor or principal.
Additional levels of approval are not
required.
(2) Flexible furlough leave may be taken in any
increment.
(3) Classroom teachers, media specialists, and
teacher assistants who require substitutes
and bus drivers shall not use flexible
furlough leave at any time that students are
scheduled to be in attendance (an
instructional day). Employees who do not
require substitutes may, after coordinating
with their immediate supervisor or principal,
use flexible furlough leave on any day
school is in session.
(4) Employees may use flexible furlough leave
beginning May 1, 2009. Flexible furlough
leave shall be taken by December 31, 2009.
(5) Flexible furlough leave cannot be paid out
when separating from service for any
reason.
History Note: Authority Executive Order Number Eleven,
April 28, 2009;
Session Law 2009-26, Sec. 6, May 18, 2009;
Emergency Adoption Eff. June 4, 2009 to expire on January 1,
2010 (see S.L. 2009-26).
TITLE 23 – DEPARTMENT OF COMMUNITY
COLLEGES
Rule-making Agency: State Board of Community Colleges
Rule Citation: 23 NCAC 02C .0212
Effective Date: June 3, 2009
Findings Reviewed and Approved by the Codifier: May
26, 2009
Reason for Action: Governor Perdue issued Executive Order
11 on 28 April 2009. Amongst various directives, Governor
Perdue's Executive Order directed the State Board of
Community Colleges to "adopt rules to be applied by boards
of trustees of community colleges in designating the times
community college employees will be furloughed." To
implement Governor Perdue's Executive Order, the General
Assembly has adopted Session Law 2009-26 which specifically
directs the State Board of Community Colleges to adopt
emergency rules for the implementation of Executive Order
11. The State Board of Community Colleges is required to
adopt emergency rules within ten (10) calendar days from the
Act's effective date. The effective date of Session Law 2009-26
EMERGENCY RULES
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2440
was 18 May 2009. The State Board of Community Colleges
adopted the emergency rule on 21 May 2009.
CHAPTER 02 – COMMUNITY COLLEGES
SUBCHAPTER 02C - COLLEGES: ORGANIZATION
AND OPERATIONS
SECTION .0200 – PERSONNEL
23 NCAC 02C.0212 FLEXIBLE FURLOUGH TIME
Each local board of trustees shall have the discretion to
establish the times community college employees will be
furloughed in accordance with Executive Order Number 11
issued April 28, 2009. The furlough shall not impact
longevity pay, payouts for unused leave, service credit, or
health and retirement benefits. This section shall be effective
for the duration of Executive Order Number 11 issued April
28, 2009.
History Note: Authority G.S. 115D-5;
Emergency Adoption Eff. June 3, 2009 to expire on January 1,
2010 (see S.L. 2009-26).
RULES REVIEW COMMISSION
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2441
This Section contains information for the meeting of the Rules Review Commission on Thursday, May 21, 2009 9:00 a.m. at
1711 New Hope Church Road, RRC Commission Room, Raleigh, NC. Anyone wishing to submit written comment on any
rule before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners.
Specific instructions and addresses may be obtained from the Rules Review Commission at 919-431-3100. Anyone wishing
to address the Commission should notify the RRC staff and the agency no later than 5:00 p.m. of the 2nd business day before
the meeting. Please refer to RRC rules codified in 26 NCAC 05.
RULES REVIEW COMMISSION MEMBERS
Appointed by Senate Appointed by House
Jim R. Funderburke - 1st Vice Chair Jennie J. Hayman - Chairman
David Twiddy - 2nd Vice Chair John B. Lewis
Keith O. Gregory Clarence E. Horton, Jr.
Jerry R. Crisp Daniel F. McLawhorn
Jeffrey P. Gray Curtis Venable
COMMISSION COUNSEL
Joe Deluca (919)431-3081
Bobby Bryan (919)431-3079
RULES REVIEW COMMISSION MEETING DATES
June 18, 2009 July 16, 2009
August 20, 2009 September 17, 2009
RULES REVIEW COMMISSION
May 21, 2009
MINUTES
The Rules Review Commission met on Thursday, May 21, 2009, in the Commission Room at 1711 New Hope Church Road, Raleigh,
North Carolina. Commissioners present were: Jerry Crisp, Jim Funderburk, Jeff Gray, Jennie Hayman, Clarence Horton, and Dan
McLawhorn.
Staff members present were: Joseph DeLuca and Bobby Bryan, Commission Counsel; Tammara Chalmers and Dana Vojtko.
The following people were among those attending the meeting:
Amanda Reeder DHHS/Division of Mental Health, Developmental Disabilities and Substance Abuse Services
Andrea Borden DHHS/Division of Mental Health, Developmental Disabilities and Substance Abuse Services
Joan Troy Wildlife Resources Commission
Susan Gentry Department of Insurance
Barry Gupton DOI/Building Code Council
Jansen Averett OAH Extern
APPROVAL OF MINUTES
The meeting was called to order at 9:08 a.m. with Ms. Hayman presiding. She reminded the Commission members that they have a
duty to avoid conflicts of interest and the appearances of conflicts as required by NCGS 138A-15(e). Chairman Hayman asked for
any discussion, comments, or corrections concerning the minutes of the April 16, 2009 meeting. There were none and the minutes
were approved as distributed.
FOLLOW-UP MATTERS
01 NCAC 44A .0202, .0204, .0301 – Department of Administration. Rule .0202 was returned to the agency at the agency's request.
The rewritten rules for .0204 and .0301 were approved by the Commission.
10A NCAC 28F .0101 – Commission for Mental Health. The Commission approved the rewritten rule submitted by the agency.
RULES REVIEW COMMISSION
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2442
Prior to the review of the rules from the Private Protective Services Board, Commissioner Gray recused himself and did not participate
in any discussion or vote concerning these rules because he teaches for the Private Protective Services Board on a contract basis.
12 NCAC 07D .0402, .0501 – Private Protective Services Board. The Commission approved the rewritten rules submitted by the
agency.
12 NCAC 09B .0301 – Criminal Justice Education and Training Standards Commission. No rewritten rule has been submitted and no
action was taken.
15A NCAC 02D .1205, .1212 – Environmental Management Commission. These rules were returned to the agency at the agency's
request.
15A NCAC 10B .0105 – Wildlife Resources Commission. This rule was returned to the agency at the agency's request.
15A NCAC 10C .0211, .0216 – Wildlife Resources Commission. The Commission approved the rewritten rules submitted by the
agency.
15A NCAC 10H .0102 – Wildlife Resources Commission. The Commission approved the rewritten rule submitted by the agency.
21 NCAC 12 .0202 – Licensing Board for General Contractors. No rewritten rule has been submitted and no action was taken.
21 NCAC 14H .0105 – Board of Cosmetic Art Examiners. The Commission approved the rewritten rule submitted by the agency.
21 NCAC 58C .0105, .0218, .0608 – Real Estate Commission. The Commission approved the rewritten rules submitted by the
agency.
23 NCAC 02E .0101, .0401 – Board of Community Colleges. The Commission approved the rewritten rule for .0101 submitted by the
agency. No rewritten rule has been submitted for .0401 and no action was taken.
LOG OF FILINGS
Chairman Hayman presided over the review of the log of permanent rules.
All permanent rules were approved unanimously with the following exceptions:
Prior to the review of the rules from the Private Protective Services Board, Commissioner Gray recused himself and did not participate
in any discussion or vote concerning these rules because he teaches for the Private Protective Services Board on a contract basis.
12 NCAC 07D .0112: Private Protective Services Board - The Commission objected to this rule based on lack of statutory authority.
Paragraph (b) of this Rule is not consistent with G.S. 74C-13(g). That statute allows the Board to suspend a firearm registration permit
for various reasons, but it only allows it to summarily suspend the permit pending resolution of charges involving the illegal use,
carrying or possession of a firearm lodged against the owner of a permit. This rule goes beyond that in summarily suspending the
permit any time a firearm is discharged, whether or not there is any allegation of the commission of a crime. This seems to be beyond
what the statute allows.
12 NCAC 07D .0806: Private Protective Services Board - The Commission objected to this rule based on lack of statutory authority.
There is no authority cited for Subparagraph (a)(5) that requires an applicant for renewal of an armed security guard firearm
registration permit identification card to be at least 21 years of age. This amounts to an occupational license and G.S. 93B-9 prohibits
occupational licensing boards from requiring an individual be more than 18 years of age as a requirement for receiving a license.
N.C. Fire/Building Code – Group A-2 Sprinklers: Thursday afternoon after the meeting we received one letter of objection to the
above rule and we received 7 more Friday. In the opinion of Commission Counsel three of those letters did not “clearly request[ing]
review by the legislature.” However, since there were a total of only 8 letters, the contents of the letters is not an issue.
G.S. 150B-21.3(b2) states “[i]f the Commission receives written objections from 10 or more persons, no later than 5:00 P.M. of the
day following the day the Commission approves the rule….” It was 5:05 P.M. when Counsel checked the fax machine and confirmed
that there were no letters downstairs at the front desk either. The sprinkler rule has a delayed effective date of January 1, 2011. The
lack of sufficient objection letters will not make any difference in the rule’s effective date.
RULES REVIEW COMMISSION
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
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COMMISSION PROCEDURES AND OTHER BUSINESS
The meeting adjourned at 9:48 a.m.
The next scheduled meeting of the Commission is Thursday, June 18, 2009 at 9:00 a.m.
Respectfully Submitted,
________________________________
Dana Vojtko
Publications Coordinator
LIST OF APPROVED PERMANENT RULES
May 21, 2009 Meeting
ADMINISTRATION, DEPARTMENT OF
Duration of Certification 01 NCAC 44A .0204
Required Documentation 01 NCAC 44A .0301
MENTAL HEALTH, COMMISSION FOR
Schedule II 10A NCAC 26F .0103
Schedule III 10A NCAC 26F .0104
Regions for Division Institutional Admissions 10A NCAC 28F .0101
PRIVATE PROTECTIVE SERVICES BOARD
Fees for Licenses and Trainee Permits 12 NCAC 07D .0202
Experience Requirements for Counterintelligence License 12 NCAC 07D .0402
Experience Requirements for Polygraph License 12 NCAC 07D .0501
Training Requirements for Unarmed Security Guards 12 NCAC 07D .0707
Training Requirements for Armed Security Guards 12 NCAC 07D .0807
Renewal of Firearms Trainer Certificate 12 NCAC 07D .0904
WILDLIFE RESOURCES COMMISSION
Possession of Certain Fishes 15A NCAC 10C .0211
State Inland Fishing License Exemptions 15A NCAC 10C .0216
Establishment and Operation 15A NCAC 10H .0102
COSMETIC ART EXAMINERS, BOARD OF
Sanitary Ratings and Posting of Ratings 21 NCAC 14H .0105
DENTAL EXAMINERS, BOARD OF
Board Approved Examinations 21 NCAC 16B .0303
Board Approved Examinations 21 NCAC 16C .0303
REAL ESTATE COMMISSION
Withdrawal or Denial of Approval 21 NCAC 58C .0105
Licensing Exam Confidentiality: School Perform/Licensing 21 NCAC 58C .0218
RULES REVIEW COMMISSION
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
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Denial or Withdrawal of Approval 21 NCAC 58C .0608
COMMUNITY COLLEGES, BOARD OF
Program Classification 23 NCAC 02E .0101
BUILDING CODE COUNCIL
NC Building Code - Entrapment Avoidance 3109.5
NC Fire/Building Code - Group A-2 Sprinklers 903.2.1.2
NC Plumbing Code - Rain Water Recycling Systems Appendix C-1
NC Plumbing Code - Connections to the Sanitary Drainage S... 301.3
NC Plumbing Code - Strainers 1105.1
NC Residential Code - Entrapment Avoidance AG106
NC Residential Code - Sunroom Addition R202
NC Residential Code - Under Stair Protection R311.2.2
NC Residential Code - Special Stairways R311.5.8
NC Residential Code - Retaining Walls R404.5
NC Residential Code - Concrete and Masonry Foundation Dam... R406.1
NC Residential Code - Thermally Isolated Sunroom Addition... N1102.2.10
NC Residential Code - Thermally Isolated Sunroom Addition... N1102.3.5
CONTESTED CASE DECISIONS
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2445
This Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index to
all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the
decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of
Administrative Hearings, (919) 431-3000. Also, the Contested Case Decisions are available on the Internet at
http://www.ncoah.com/hearings.
OFFICE OF ADMINISTRATIVE HEARINGS
Chief Administrative Law Judge
JULIAN MANN, III
Senior Administrative Law Judge
FRED G. MORRISON JR.
ADMINISTRATIVE LAW JUDGES
Beecher R. Gray Randall May
Selina Brooks A. B. Elkins II
Melissa Owens Lassiter Joe Webster
Don Overby
CASE DATE OF PUBLISHED DECISION
AGENCY NUMBER ALJ DECISION REGISTER CITATION
ALCOHOL BEVERAGE CONTROL COMMISSION
Partnership T/A C Js Lounge v. ABC Commission 07 ABC 0201 Overby 03/11/08
Michael Daniel Clair v. T/A Par 3 Bistro v. ABC Commission 07 ABC 1289 Lassiter 10/07/08
ABC Commission v. Rainbow Enterprises, Inc T/A Club N Motion 07 ABC 1532 Gray 06/20/08 23:05 NCR 489
Benita, Inc., T/A Pantana Bob's v. ABC Commission 07 ABC 1584 Overby 04/21/08 23:01 NCR 141
Original Grad, Inc/ T/A Graduate Food and Pub 07 ABC 1648 Joseph 02/25/08
N.C. Alcoholic Beverage Control Commission v. Feest Inc. 07 ABC 2135 Gray 09/12/08
T/A Spankys Sports Bar and Grill
Don Mariachi Ventures, T/A EL Mariachi Gordo 07 ABC 2155 Webster 11/05/08
N.C. Alcoholic Beverage Control Commission v. Jenny S. Chanthalacksa 08 ABC 0097 May 09/03/08
T/A JB Food Mart
N.C. Alcoholic Beverage Control Commission v. Jenny S. Chanthalacksa 08 ABC 0351 May 09/03/08
T/A JB Food Mart
AM Enterprises of Fayetteville, Inc., T/A Izzy's Sports Bar v. ABC 08 ABC 0371 Lassiter 06/13/08
Commission
Bhavesh Corporation, T/A K&B Foomart v. ABC Commission 08 ABC 0508 Overby 05/19/08
Downtown Event Center, Inc. T/A Downtown Event Center v. ABC 08 ABC 0937 May 09/16/08
Commission
CRIME VICTIMS COMPENSATION
Patricia Ginyard v. Crime Victim Compensation Commission 06 CPS 1720 Gray 05/27/08
Carrie R. McDougal v. Victims Compensation Services Division 07 CPS 1970 Elkins 05/23/08
Hillary Holt v. Crime Victims Compensation Commission 07 CPS 2292 Brooks 09/18/08
Taereka S Johnson v. NC Crime Victims Compensation Commission 08 CPS 0402 Morrison 08/08/08
Rich's Towing and Service Inc. v. NC Department of Crime Control 08 CPS 0698 May 08/13/08
And Public Safety, Division of State Highway Patrol, Motor Carrier
Enforcement Section
Steel Supply and Erection Co., Department of Crime Control and Public 08 CPS 0777 Overby 05/29/08
Safety, Division of State Highway Patrol and Department of Revenue
ATS Specialized, Inc, v. Dept. of Crime Control and Public Safety, Div. 08 CPS 0864 May 09/11/08
Of State Highway Patrol, Motor Carrier Enforcement Section
Willie Trucking, Inc d/b/a Allstate Transport Co v. Dept. of Crime Control08 CPS 0897 May 09/11/08
& Public Safety, Division of State Highway Patrol, Motor Carrier
Enforcement Section
Randy S. Griffin v. NC Crime Victims Compensation Commission 08 CPS 0995 May 09/11/08
Kenneth Lee Moore v. Dept. of Crime Control and Public Safety 08 CPS 1093 Webster 10/27/08
Interstate Crushing Inc. v. NC Dept. of Crime Control and Public 08 CPS 1086 Overby 09/29/08
Safety, Division of State Highway Patrol, Motor Carrier
Enforcement Section
CONTESTED CASE DECISIONS
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2446
Sterett Equipment Company LLC v. N.C. Dept. of Crime Control 08 CPS 1206 Overby 09/29/08
And Public Safety, Division of State Highway Patrol, Motor
Carrier Enforcement Section
Bertrand E. Dupuis d/b/a New England Heavy Hauling v. N.C. 08 CPS 1207 Overby 09/29/08
Department of Crime Control and Public Safety, Division of
State Highway Patrol, Motor Carrier Enforcement Section
Bulldog Erectors, Inc v. N.C. Department of Crime Control and 08 CPS 1208 Overby 09/29/08
Public Safety, Division of State Highway Patrol, Motor
Carrier Enforcement Section
Continental Machinery Movers Inc. v. N.C. Department of Crime 08 CPS 1209 Overby 09/29/08
Control and Public Safety, Division of State Highway Patrol,
Motor Carrier Enforcement Section
Michael Alan Moore v. Crime Victims Compensation Commission 08 CPS 1478 Lassiter 09/08/08
TNT of York County, Inc., Tony McMillan v. State Highway Patrol 08 CPS 1508 Joseph 12/11/08
Motor Carrier Enforcement
SOOF Trucking, Ray Charles Solomon v. Secretary of Crime Control 08 CPS 1526 Overby 09/09/08
And Public Safety
Dickinson Hauling and Grading., Inc, Tony E. Dickinson, 3134016-9 v. 08 CPS 1800 Brooks 12/15/08
Dept. of Crime Control and Public Safety, Division of State Highway
Patrol
Dickinson Hauling and Grading., Inc, Tony E. Dickinson, 3134016-9 v. 08 CPS 1801 Brooks 12/15/08
Dept. of Crime Control and Public Safety, Division of State Highway
Patrol
Dickinson Hauling and Grading., Inc, Tony E. Dickinson, 3134016-9 v. 08 CPS 1802 Brooks 12/15/08
Dept. of Crime Control and Public Safety, Division of State Highway
Patrol
Kayonna Goodwin Pollard c/o Chad Lopez Pollard v. Crime Control & 08 CPS 1850 Gray 10/24/08
Victim Compensation Services
John D. Lane v. Diversified Drilling Corp v. Office of Admin Svc, Sec. 08 CPS 2049 Joseph 11/06/08
of Crime Control and Public Safety
Richard Pratt v. Dept. of Crime Control and Public Safety 08 CPS 2417 Lassiter 01/15/08
Robert D. Reinhold v. Dept. of Transportation, Division of Motor 08 CPS 2501 Gray 12/10/08
Vehicles
A list of Child Support Decisions may be obtained by accessing the OAH Website: http://www.ncoah.com/hearings/decisions/
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Gloria McNair Jean's Jewels v. Div. of Child Development, DHHS 06 DHR 0633 Lassiter 07/11/08
Gloria McNair Jean's Jewels v. Div. of Child Development, DHHS 06 DHR 1350 Lassiter 07/11/08
Character Builders, Inc., Clavon Leonard v. DMA, Developmental 07 DHR 0124 Elkins 08/07/08
Disabilities and Substance Abuse Services
Character Builders, Inc., Clavon Leonard v. DMA, Developmental 07 DHR 0125 Elkins 08/07/08
Disabilities and Substance Abuse Services
Arthur Burch and Margaret and Burch v. Department of Health and 07 DHR 0242 Brooks 04/30/08
Human Services
The "M" Company LLC, v. DHHS, DMA, Program Integrity 07 DHR 0429 Webster 05/29/08
Brenda F. Ervin v. DHHS, DFS, Health Care Personnel Registry 07 DHR 0493 Gray 12/08/08
Judy E. Pettus v. Office of Chief Medical Examiner, Thomas B. Clark, 07 DHR 0535 Webster 05/05/08
Iii, Md, Pathologist
Clorie Bivens Owen on Behalf of Williams Baxter Bivens – Estate of 07 DHR 0701 Elkins 12/08/08
Leroy A. Bivens v. DHHS
Alterra Clare Bridge of Asheville v. DHHS, DFS, Adult Care 07 DHR 0914 Gray 06/06/08
Licensure Section
Shirley Brooks Dial v. Health Care Personnel Registry 07 DHR 0931 Webster 02/27/08
Midtown Food Mart #2, Kerab Giebrehiwot, Mehreteab Wooldeghebibel 07 DHR 1044 Webster 04/25/08
and Fesseha Zeru
Midtown Food Mart III, Chenet Haileslassi and Fesseha Zeru v. DHHS 07 DHR 1045 Webster 04/28/08
Kelly Schofield MD, Clinical Director, Youth Quest, Inc. v. DHHS, DFS 07 DHR 1064 Joseph 10/17/08
Mental Health Licensure and Certification
Carolyn E. Reed v. DHHS, Division of Social Services Program Integrity 07 DHR 1214 Webster 07/21/08
AFDC/Work First
Mrs. Elizabeth Futrell v. Value Options 07 DHR 1331 Lassiter 06/09/08
Cornell Jones v. DHHS, Division of Health Services Regulation 07 DHR 1399 Joseph 04/22/08
Dianetta Foye v. Division of Child Development, DHHS, Services 07 DHR 1440 Joseph 05/07/08
Rufus Patrick Devers v. DHHS, Division of Health Service Regulation 07 DHR 1442 Joseph 05/29/08
Health Care Personnel Registry
Ray Dukes, Bright Future Learning Center v. DHHS, Division of Public 07 DHR 1473 Joseph 04/08/08
Health, Child and Adult Care Food Program
William Manning c/o Thyllis Smith, A Touch From the Heart Staff v. 07 DHR 1060 Webster 10/14/08
NC Department of Health and Human Services, Division of
CONTESTED CASE DECISIONS
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2447
Medical Assistance
Hospice of the Piedmont, Inc., v. DHHS, Division of Health Service 07 DHR 1617 Elkins 05/21/08
Regulation, Licensure and Certification Section and DHHS,
Division of Health Service Regulation, CON Section
Janice Addison v. Value Options 07 DHR 1618 Webster 05/16/08
Donna Hicks Crocker v. DHHS/DMA 07 DHR 1629 Joseph 08/01/08
Rebecca Dehart v. DHHS, Division of Health Service Regulation 07 DHR 1650 Elkins 05/21/08
Health Care Personnel Registry Section
Ellen Brown v. DHHS, Division of Health Service Regulation, Health 07 DHR 1651 Elkins 05/21/08
Care Personnel Registry Section
Beth Suzanne Garson v. DHHS, Division of Social Services, Regulatory 07 DHR 1718 Joseph 01/09/09
and Licensing Services
Life Solutions of Lumberton, NC, LLC d/b/a Timberwood and 07 DHR 1758 Joseph 12/04/08
Bridgecrest
Life Solutions of Lumberton, NC, LLC d/b/a Timberwood and 07 DHR 1759 Joseph 12/04/08
Bridgecrest
Joann Lennon v. Value Options Medicaid 07 DHR 1770 Webster 05/16/08
Angeline Currie v. DHHS 07 DHR 1986 Elkins 06/04/08
Tameala Jones v. OAH 07 DHR 1993 Webster 05/16/08
Meriweather Home Nursing Inc v. DHHS, DMA 07 DHR 2009 Gray 03/02/09 23:24 NCR 2457
Dianetta Foye v. Division of Child Development, DHHS, Services 07 DHR 2020 Joseph 05/07/08
Lashauna Reid v. CCMHC (PFCS-Service Provider) 07 DHR 2039 Elkins 08/05/08
Presbyterian Diagnostic Center at Cabarrus LLC v. N.C. Department 07 DHR 2043 Lassiter 08/18/08 23:16 NCR 1600
of Health and Human Services, Division of Health Service
Regulation and Southern Piedmont Imaging, LLC
Southern Piedmont Imaging, LLC v. N.C. Department of Health 07 DHR 2045 Lassiter 08/18/08 23:16 NCR 1600
and Human Services, Division of Health Service Regulation and
Presbyterian Diagnostic Center at Cabarrus, LLC
Family & Youth Services, Inc. Angela Ford, President v. DHHS, 07 DHR 2057 Webster 05/16/08
Division of Medical Assistance Provider Services
Yolanda Jones v. DHHS, Adult Licensure Section 07 DHR 2081 Webster 05/16/08
Tianna Troy Legal guardian Mother Traci Lookadoo v. Value Option 07 DHR 2087 Elkins 05/23/08
Gary Carlton, Sr., v. DHHS 07 DHR 2099 Brooks 07/10/08
Alexis Ford/Linda M McLauglin v. DHHS 07 DHR 2111 Elkins 06/04/08
Roger Houston v. DHHS, Div. of Health Service Regulation 07 DHR 2176 Gray 07/08/08
Dorothy L. Davis v. OAH 07 DHR 2179 May 07/02/08
McLeod Addictive Disease Center, Inc v. Div. of Health Service 07 DHR 2202 Brooks 12/11/08
Regulation
Kevin McMillian/Linda M McLaughlin v. DHHS 07 DHR 2239 Elkins 06/04/08
Maurisha Bethea/Linda McLaughlin v. DHHS 07 DHR 2240 Elkins 06/04/08
Manu Gaur v. DHHS 07 DHR 2275 Lassiter 10/01/08 23:16 NCR 1654
Gladys Cherry v. NC Department of Health and Human Services 07 DHR 2288 Webster 10/10/08
Double Oaks Nursery, Inc., and T. Timothy Turner as Board 07 DHR 2323 Joseph 01/08/09
Chairman v. DHHS, Div. of Public Health, Child and Adult Care
Food Program
Anna Fields v. Value Options 07 DHR 2326 Joseph 06/02/08
Larry Hopper v. DHHS 07 DHR 2356 May 06/20/08
Shelby Davis v. DHHS 08 DHR 0014 Lassiter 05/09/08
Hellon P. Johnson v. DHHS 08 DHR 0020 May 07/03/08
Lenora King v. DHHS 08 DHR 0034 Joseph 05/01/08
Forest Mewborn v. Health Care Personnel Registry 08 DHR 0043 Elkins 05/23/08
Wilma Jackson v. Value Options 08 DHR 0082 Joseph 06/02/08
Carmelita Wiggins v. Value Options 08 DHR 0198 Webster 05/16/08
Blue Ridge Healthcare Surgery Center, Morganton LLC and Grace 08 DHR 0204 Brooks 09/18/08
Hospital, Inc, v. DHHS, DHSR, CON Section v. Dr. Mushtaq
Bukhari, Dr. Edwin Holler, Dr. Suneel Mohammed, Carolina
Digestive Care, PLLC, and Gastroentoerology Specialists
Murphy's Outreach Community Developmental Services, Inc, d/b/a 08 DHR 0220 Joseph 07/22/08
Outreach Home Health
Lisa Helms v. DHHS 08 DHR 0255 Overby 06/17/08
Pearlene Johnson Ivery v. DMA, Third Party Recovery (Medicaid) 08 DHR 0286 Brooks 07/07/08
Darryl A. Edwards v. DHHS 08 DHR 0320 Gray 11/05/08
Mamauie Aytch v. DHHS 08 DHR 0325 Elkins 05/23/08
Brenda McGilvary v. DHHS, Division of Social Services 08 DHR 0384 Webster 08/05/08
Fannie M. Wilson v. OAH 08 DHR 0393 Webster 06/17/08
Angela D Seabrooks/The Jabez House LLC v. DHHS/Division of Mental 08 DHR 0403 Joseph 06/09/08
Health, Developmental and Substance Abuse Services, The Guilford
Angela D. Seabrooks/The Jabez House LLC v. NC Department of 08 DHR 0403 Joseph 09/03/08
Health and Human Services, Division of Mental Health,
Developmental Disabilities and Substance Abuse Services
and The Guilford Center Center
William McCray Pretty v. DHHS, Division of Facility Services 08 DHR 0411 Webster 06/12/08
Focus Health Services, Inc. via Annette Johnson, Owner Operator v. 08 DHR 0442 Gray 06/12/08
CONTESTED CASE DECISIONS
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2448
North Carolina Department of Health and Human Services and
Albemarle Mental Health Center for Developmental
Disabilities and Substance Abuse Services
Judith E. Torres v. DHHS, DHSR 08 DHR 0488 Morrison 10/07/08
Philson's Home Health Care Inc., v. DHHS, Div. of Health Service 08 DHR 0540 May 10/28/08
Regulation, CON Section
Earline Ross (Quentin Galloway) v. DHHS (Medicaid) 08 DHR 0549 May 06/09/08
Frances Milligan v. DHHS 08 DHR 0566 May 06/19/08
Betty Williams v. DHHS 08 DHR 0570 Joseph 06/02/08
Brandon McMahon v. DHHS 08 DHR 0572 Webster 11/14/08
Susan Nelson v. Medicaid 08 DHR 0573 May 06/09/08
Brent Morris Per Dedrea Moors (Mother) v. Priscilla Valet, DMA 08 DHR 0585 May 06/09/08
Brenda M. Finney v. Medicaid 08 DHR 0586 Joseph 06/09/08
Allred & Allred Day Care Center, Inc. v. N.C. Department of 08 DHR 0617 May 06/04/08
Health and Human Services, Division of Public Health, Child
And Adult Care Food Program
Lakeva Robinson v. DMA/Value Options 08 DHR 0625 May 05/28/08
Ronald Lee Young v. N.C. Department of Health and Human 08 DHR 0631 Joseph 07/21/08
Services
Steven Chestnut v. DHHS, Health Care Personnel Registry 08 DHR 0652 May 11/19/08
Tina Miller v. OAH, DHHS 08 DHR 0661 Lassiter 06/10/08
Doris Harris v. Division of Child Development 08 DHR 0710 May 07/02/08
Michelle D. Mills v. DHHS, Division of Health Service Regulation 08 DHR 0712 Joseph 06/09/08
Trena Ellis v. DHHS 08 DHR 0730 Lassiter 07/03/08
Faith Davis v. Pride in North Carolina Value Options 08 DHR 0746 Overby 05/28/08
Evonne Neal v. Medicaid 08 DHR 0748 May 06/20/08
Maria Dejesus Ruiz La Vaca Ramona v. N.C. Department of 08 DHR 0760 Overby 07/24/08
Health and Human Services
Ray C. Price v. DHHS, Office of the Controller 08 DHR 0767 Brooks 07/07/08
Miland Hanna, Lamia Hanna and Charlotte Fast Mart, v. DHHS 08 DHR 0778 Brooks 08/28/08
Div. of Public Health
Cheryl I Rice v. DHHS 08 DHR 0793 Overby 07/10/08
Destiny A Taylor v. Division of Child Development 08 DHR 0794 Gray 07/21/08
Shawanda Rayner v. Cherry Hospital 08 DHR 0797 Webster 10/10/08
Mary Ada Mills, Mary M. Mills MSA FCH v. Adult Care Licensure 08 DHR 0808 May 08/26/08
Total Renal Care of North Carolina, LLC d/b/a TRC-Lelan v. DHHS 08 DHR 0818 Webster 12/23/08 23:16 NCR 1670
Div. of Health Service Center Regulation, CON Section and Bio-
Medical Applications of NC, Inc. d/b/a Fresenius Medical Care
Of Brunswick County
Lula Bowden v. OAH 08 DHR 0852 May 06/20/08
Karen Denise McGinnis v. HHS, Div. of Health Service Regulation 08 DHR 0867 Brooks 01/12/09
Donovan Harris v. Value Options 08 DHR 0894 May 06/19/08
Gabrielle Lloyd v. DHHS, Division of Health Service Regulation 08 DHR 0905 May 09/22/08
Janice Chavis v. DHHS 08 DHR 0923 Lassiter 05/19/08
Frankie Nicole Carter v. DHHS, Division of Health Service Regulation 08 DHR 0929 Brooks 06/19/08
Christine Maria Plyer v. Medicaid Reimbursement 08 DHR 0949 Mann 06/18/08
Margaret Mubanga v. NC Department of Health and Human Services 08 DHR 0961 Gray 08/25/08
Evangeline Ingram v. Value Options 08 DHR 0997 Gray 06/10/08
Marcia Veronica Harris v. Department of Health and Human 08 DHR 0169 Lassiter 08/11/08
Services, Division of Health Service Regulation
Maureen Jordan parent of Destinne Jordan v. Value Options 08 DHR 1005 Gray 06/19/08
Triangle Alternative Inc. Dorothy George v. Office of 08 DHR 1012 May 07/21/08
Administrative Hearings
Terrie P Hill dba Positive Care MHL 041-595 2203 Wanda Drive v. 08 DHR 1015 Lassiter 09/12/08
N.C. Department of Health and Human Services, Division of
Health Service Regulation, Mental Health Licensure and
Certification Section
Terrie P Hill dba Positive Care II MHL 041-633 3406 Fern Place v. 08 DHR 1016 Lassiter 09/12/08
NC Department of Health and Human Services, Division of
Health Service Regulation, Mental Health Licensure and
Certification Section
Terrie P Hill dba Positive Care II MHL 041-765 3406 Fern Place v. 08 DHR 1017 Lassiter 09/12/08
NC Department of Health and Human Services, Division of
Health Service Regulation, Mental Health Licensure and
Certification Section
Mario Jackson v. DHHS 08 DHR 1024 Overby 06/19/08
Adam L Powell v. NC Department of Health and Human Services 08 DHR 1030 Lassiter 09/05/08
Edwin F Clavijo, El Exito v. NC Department of Health and Human 08 DHR 1034 Lassiter 09/15/08
Services, Division of Public Health, Nutrition Services Branch
Linda F. Ellison v. NC Department of Health and Human 08 DHR 1035 Joseph 07/09/08
Services and or EDS
Doris Smith v. Health Care Personnel Registry 08 DHR 1238 Brooks 08/08/08
Latrish T. Perry v. Department of Health and Human Services 08 DHR 1023 Webster 08/29/08
Martha Washington Harper v. DSS 08 DHR 1041 Brooks 06/23/08
CONTESTED CASE DECISIONS
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2449
Martha McDonald v. DHHS, Div. of Health Service Regulation, Health 08 DHR 1052 May 12/04/08
Care Personnel Registry
Mary K. Tulay v. DHHS 08 DHR 1055 Joseph 07/09/08
Gwendolyn F. Gulley v. NC Department of Health and Human 08 DHR 1062 Overby 09/09/08
Services, Division of Health Service Regulation, Adult Care
Licensure Section
Rhonda Jones v. Value Options 08 DHR 1064 Webster 07/18/08
One Love Developmental Services v. Division of Health Service 08 DHR 1068 Lassiter 07/25/08
Regulation, Department of Health and Human Services
Jona Turner v. Office of Administrative Hearings 08 DHR 1092 Webster 07/18/08
Tonia Chatman Davis v. N.C. Department of Health and Human 08 DHR 1141 Lassiter 07/28/08
Services
Lorena Ivy Gates v. DHHS, Division of Health Service Regulation, 08 DHR 1160 Joseph 01/06/09
Health Care Personnel Registry
Mary M. Branch v. North Carolina Dept of Health and Human 08 DHR 1174 Elkins 08/11/08
Services, Value Options
Haywood Miller, Bobby Jean Graves Miller v. DHHS, Mental Health 08 DHR 1181 Overby 07/01/08
Licensure Certification Section
Donna Armstrong v. DHHS 08 DHR 1185 Brooks 12/02/08
Jan Williams v. Value Options, DHHS 08 DHR 1231 Overby 07/09/08
Heather Peete v. OAH 08 DHR 1281 Lassiter 07/02/08
Ann Moody v. DHHS 08 DHR 1299 Webster 07/18/08
Khahada Kirby v. Value Options 08 DHR 1310 Webster 07/18/08
Eastern Carolina Internal Medicine, P.A. v. DHHS, Division of Health 08 DHR 1320 Webster 02/13/09
Services, Division of Health Service Regulation, CON Section
Amir Abusamak v. N.C. Department of Health and Human Services 08 DHR 1325 Gray 07/16/08
Big Z Supermarket, Abdul Hamdan v. Cory Menees, NC Dept. of 08 DHR 1343 Overby 08/27/08
Health and Human Services
Alesia Alwahishi dba Brotherhood Market 08 DHR 1356 Gray 07/22/08
Nigel Brown v. Value Options 08 DHR 1358 Gray 08/29/08
Beverly Darlene Christian v. DHHS Hearing Office 08 DHR 1422 Elkins 11/24/08
Wholistic Health, Laura Holloway v. DHHS, Div. of Public Health 08 DHR 1441 Webster 04/09/09 23:24 NCR 2463
Meres El Bey v. DHHS 08 DHR 1453 Joseph 11/06/08
Forever Young Group Care LLC T/A FY Inc v. DHHS, Div. of Health 08 DHR 1455 Lassiter 01/16/09
Service Regulation, Mental Health Licensure and Certification Section
Supported Living Youth Service, Kirk Hillian v. Div. of Health Service 08 DHR 1456 Joseph 10/22/08
Regulation
Michael Grondahl v. DHHS 08 DHR 1491 Gray 08/01/08
Tyechia Jones v. Value Options/DHHS 08 DHR 1492 Mann 09/18/08
Kelly A Schofield MD – Clinical Director Youth Quest Inc. v. 08 DHR 1505 Lassiter 09/08/08
N.C. Department of Health Service Regulation, Mental Health
Licensure and Certification Section
Holly Martin Ph.D, Div. of Medical Assistance of DHHS 08 DHR 1534 Webster 01/06/09
Edward Kenneth Smith v. NC Department of Health and Human 08 DHR 1537 Lassiter 09/16/08
Services, Division of Health Service Regulation
Brian C. Hargrove v. DHHS 08 DHR 1556 Webster 01/07/09
Elsie Mae Joiner v. Health Care Registry DHHS 08 DHR 1560 Lassiter 09/11/08
Margaret Brack for Elgin Brack v. Value Options Emery Milliken 08 DHR 1576 Lassiter 08/27/08
DHHS
Evans Momanyi Mose v. DHHS, Division of Health Service 08 DHR 1591 Webster 10/01/08
Regulation
Draughton's Supermarket, Betty Draughton v. Cumberland 08 DHR 1592 Gray 08/25/08
County Health Dept. WIC Office
Brittany Brown v. Value Options 08 DHR 1599 Webster 10/10/08
Evangeline Ingram v. Value Options 08 DHR 1618 Joseph 12/05/08
Tyvonne Sheri Glenn v. Value Options 08 DHR 1628 May 09/19/08
Robert Anthony Glenn, Sr., v. EDS, SMA, DHHS, Medicaid 08 DHR 1630 Brooks 10/20/08
Thomas Woodberry v. DHHS 08 DHR 1634 Elkins 01/29/09
Levi Rutty/Linda McLaughlin v. DHHS 08 DHR 1651 Elkins 01/14/09
Agape v. DHHS, Div. of Public Health 08 DHR 1671 Webster 04/09/09 23:24 NCR 2474
Longview Childrens Day School v. Div. of Child Development 08 DHR 1676 Webster 01/06/09
Judy Grissett v. OAH, DHHS 08 DHR 1678 Webster 11/19/08
Tyrese Rogers/Linda McLaughlin v. DHHS 08 DHR 1685 Elkins 01/14/09
Shavon Maynor/Linda McLaughlin v. DHHS 08 DHR 1688 Elkins 01/14/09
William Scott Davis, Jr v. DHHS, Child Protective Services 08 DHR 1691 Webster 12/15/08
Donna Locklear v. Value Options 08 DHR 1695 Webster 11/19/08
Amanda Hennes v. N.C. Department of Health and Human Services 08 DHR 1696 Gray 09/22/08
Alexis Faulk v. DMA/Value Options 08 DHR 1701 Elkins 11/14/08
Bobbie L Cribb v. Office of Administrative Hearings 08 DHR 1714 Gray 09/08/08
Irene McLendon/Mikala McLendon v. Value Options 08 DHR 1722 Webster 10/01/08
Keyanna Byrd v. DHHS 08 DHR 1751 Webster 10/01/08
Janelle Gatewood v. Value Options 08 DHR 1763 Webster 10/10/08
Mr. and Mrs. Gregory and Martha Glenn v. HHS 08 DHR 1787 Brooks 10/27/08
Pamela Lynn Downey v. DHHS, Div. of Medical Assistance 08 DHR 1793 Gray 01/26/09
CONTESTED CASE DECISIONS
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2450
Roxanne Haughton v. Value Options/DMA 08 DHR 1799 Elkins 10/14/08
Rainbow Academy, Dorothy Johnson v. Div. of Child Development 08 DHR 1838 Brooks 11/03/08
DHHS
Joshua Dmae Thompson (Consumer) Sebrena Yvett 08 DHR 1844 Webster 10/01/08
Thompson (Mother) v. Department of Mental Health
Christie Moriea Turner v. CMC Carolines Medical Center Mental Health 08 DHR 1848 Gray 10/27/08
Sativa Shalunda Brown v. DHHS, Div. of Health Service Regulation 08 DHR 1869 Gray 12/31/08
JE Cameron DDS & Associates v. DHHS, DMA 08 DHR 1885 Gray 10/27/08
Wendy McMillian v. DHHS 08 DHR 1887 Elkins 11/05/08
Penny A. Golden v. Medicaid 08 DHR 1890 May 11/05/08
Keystone Charlotte, LLC d/b/a The Keys of Carolina (Administrative 08 DHR 1913 Joseph 11/17/08
Penalty) v. DHHS, Div. of Health Service Regulation, Mental 08 DHR 1914 Joseph 11/17/08
Health Licensure and Certification Section
Karen D. Barwick DDS PA v. EDS/DHHS 08 DHR 1923 Joseph 10/27/08
Dorothy Graham v. DHHS, Div. of Public Health, Nutrition Services 08 DHR 1960 Gray 01/07/09
Branch, Child and Adult Care Food Program
County of Guilford v. DHHS 08 DHR 1965 May 01/15/09
Dyquay Morris v. Value Options 08 DHR 1967 Mann 10/24/08
Chanda Stokely v. DHHS 08 DHR 2002 Brooks 12/09/08
Wanda Hager v. Value Options 08 DHR 2008 Joseph 10/27/08
Austin Cummings v. Value Options 08 DHR 2011 Joseph 01/08/09
Keith Floyd, Rosa Agyemang v. DHHS, Div. of Health Service Regulation08 DHR 2032 Brooks 11/06/08
Mental Health Licensure and Certification Section, Merita Hall
Kimberly Marie Condroski v. DHHS, Div. of Health Service Regulation 08 DHR 2045 Brooks 11/06/08
Carrie E. Crosson and Leroy J. Crosson v. Vance County Dept. of Social 08 DHR 2048 Joseph 10/28/08
Services
Elizabeth Elaine Croker v. DHHS, Div. of Health Service Regulation 08 DHR 2050 Webster 12/23/09
Stephanie Craven v. Health Care Registry 08 DHR 2051 Joseph 11/25/08
Marsha Hester v. Health Care Personnel Registry 08 DHR 2056 Gray 02/11/09
Dejuan Martell Willis v. DHHS, Div. of Health Service Regulation 08 DHR 2074 Joseph 01/06/09
David Haqq v. DHHS 08 DHR 2076 Gray 11/07/08
Shane Howell v. Value Options 08 DHR 2077 Joseph 11/05/08
Towanna Yvette Patterson v. DHHS, Div. of Health Service Regulation 08 DHR 2104 Brooks 12/17/08
Forever Young Group Care LLC T/A FY Inc v. DHHS, Div. of Health 08 DHR 2159 Lassiter 01/16/09
Service Regulation, Mental Health Licensure and Certification Section
Shirley Hawls v. DHHS 08 DHR 2225 Joseph 01/08/09
Bennett Short v. Medicaid 08 DHR 2226 Mann 12/18/08
ReNu Life Extended, Diane Harrison CEO, v. Div. of Health Service 08 DHR 2256 Gray 02/03/09
Regulation, Licensure Division, Barbara Ryan, Chief
Naomi J. Silver v. DHHS 08 DHR 2257 Gray 01/22/09
Pearline H. White v. DHHS 08 DHR 2263 Mann 01/15/09
Cynthia McMillian v. Div. of Child Development 08 DHR 2273 Overby 01/23/09
Zarie D. Wooten v. DHHS, Division of Child Development 08 DHR 2294 May 02/13/09
David McBrayer v. Value Options 08 DHR 2303 Brooks 12/01/08
Diane Harrison, ReNu Life Extended, Inc., v. Adult Care Section, Div. 08 DHR 2304 Gray 02/03/09
of Health Service Regulation
Family Network Services, Inc., Ron Blake, Altrice Gales 08 DHR 2311 Joseph 12/01/08
Laverne Jones, Jeffrey's Rest Home v. DHHS 08 DHR 2343 Webster 02/23/09
Sabrina Brower v. Value Options/DHHS 08 DHR 2373 Mann 01/13/09
Emmanus House, Erthel J. Anderson v. DHHS, Div. of Medical Asst. 08 DHR 2382 Gray 12/10/08
William P. Miller, Chapter 11 Trustee for Debtor Faiger M. Blackwell 08 DHR 2388 Gray 11/06/08
(Dogwood Forest) v. DHHS, Div. of Health Service Regulation
Adult Care Licensure Section
Alexandria Adelaide, dba Pine Forrest Home v. DHHS, DFS – Adult 08 DHR 2408 Webster 12/11/08
Care Licensure Section
Grace K. Thomas v. DHHS 08 DHR 2450 Gray 02/17/09
Donna C. Hilemon v. Dept. of Social Services, OAH Clerks – Kim 08 DHR 2456 Brooks 02/02/09
Hausen
James Pardue President and CEO Ralph Scott Lifeservice, Inc v. DHHS 08 DHR 2567 Gray 12/11/08
Debora Bolton Stamatakis DDS PA, DR. Stamatakis & Nick. 08 DHR 2580 Gray 02/23/09
Stamatakis v DHHS, Emery Milliken
Regina McCall QP, Turning Pointe Group Home Inc. v. OAH, Mental 08 DHR 2703 Overby 01/30/09
Health Licensure & Certification Section
Victoria J. Deranamie v. DHHS, Div. of Health Service Regulation 08 DHR 3048 May 02/23/09
Ikwuoma A. Mbonu v. DHHS, Health Care Personnel Registry 09 DHR 0447 Lassiter 02/19/09
DEPARTMENT OF CORRECTION
Robert Allen Sartori v. DOC 08 DOC 2651 Gray 12/16/08
Robert Allen Sartori v. DOC 08 DOC 2977 Gray 01/14/09
DEPARTMENT OF JUSTICE
Jamu Kimyakki Sanders v. N.C. Criminal Justice Education 06 DOJ 1741 May 08/29/08
CONTESTED CASE DECISIONS
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2451
And Training Standards Commission
Dallas Ray Joyner v. Criminal Justice Education and Training Standards 07 DOJ 0719 Overby 04/15/08
Commission
Richard Junior Hopper v. Private Protective Services Board 07 DOJ 1071 Webster 02/21/08
Sheldon Avery McCoy v. Criminal Justice Education and Training 07 DOJ 1162 Mann 04/07/08
Standards Commission
David Steven Norris v. Private Protective Services Board 07 DOJ 1256 Elkins 04/16/08
Scott McLean Harrison v. North Carolina Criminal Justice Education 07 DOJ 1330 Webster 06/24/08
And Training Standards Commission
Brian Campbell v. Department of Justice, Company Police Program 07 DOJ 1344 Webster 02/25/08
John Mark Goodin v. Alarm Systems Licensing Board 07 DOJ 1405 Lassiter 04/04/08
James Lee Rodenberg v. Depart. of Justice, Company Police Program 07 DOJ 1434 Webster 02/25/08
Michael L. Scriven v. Private Protective Services Board 07 DOJ 1483 Elkins 03/25/08
Lamuel Tommy Andersonv. North Carolina Department of Justice 07 DOJ 1500 Joseph 06/03/08
Campus Police Program
Roger Wayne Mungo, Jr., Sheriffs' Education and Training Standards 07 DOJ 1510 Overby 05/19/08
Commission
Steven L. Haire v. North Carolina Department of Justice, Campus 07 DOJ 1558 Joseph 05/22/08
Police Program
Timothy Daniel McFalls v. N.C. Criminal Justice Education and 07 DOJ 1712 May 09/03/08
Training Standards Commission
Iris Nina Bumpass v. Criminal Justice Education and Training Standards 07 DOJ 2071 Webster 05/16/08
Commission
Michael Gerald Copeland v. Private Protective Services Board 07 DOJ 2286 Gray 07/17/08
Leigh Ann Branch v. N.C. Sheriffs’ Education and Training 08 DOJ 0177 Gray 06/23/08
Standards Commission
Jimmy Dean Poston v. N.C. Sheriffs' Education and Training 08 DOJ 0179 Webster 08/28/08
Standards Commission
Katheryn Renee Johnson v. North Carolina Sheriffs’ Education 08 DOJ 0180 Brooks 06/18/08
And Training Standards Commission
Gerald Boyce Bond, Jr. v. N.C. Sheriffs’ Education and Training 08 DOJ 0181 Gray 07/14/08
Standards Commission
Lamar Krider v. N.C. Sheriffs’ Education and Training Standards 08 DOJ 0183 Gray 06/20/08
Commission
John Edward Isaacks, Jr. v. North Carolina Sheriffs’ Education 08 DOJ 0184 May 06/18/08
And Training Standards Commission
Anthony Ray Haynie v. N.C. Sheriffs’ Education and Training 08 DOJ 0207 Brooks 08/06/08
Standards Commission
Joseph Shane Johnston v. N.C. Sheriffs' Education and Training 08 DOJ 0209 Lassiter 10/07/08
Standards Commission
Patrick Edsel Cashwell v. Criminal Justice Education and Training 08 DOJ 0498 Webster 10/01/08
Standards Commission
Anthony Ray Haynie v. N.C. Sheriffs’ Education and Training 08 DOJ 0532 Brooks 08/06/08
Standards Commission
Jonathan R. Elam v. Private Protective Services Board 08 DOJ 0568 Webster 05/08/08
Wilford Odell Hamlin v. Private Protective Services Board 08 DOJ 0713 Joseph 05/01/08
Stephen Joseph Ciliberti v. N.C. Private Protective Services 08 DOJ 0858 Gray 07/15/08
Board
Lawrence William Sitgraves v. Sheriffs' Edcuation and Training 08 DOJ 1036 May 09/16/08
Standards Commission
Deborah Moore Anderson v. North Carolina Sheriffs’ Education 08 DOJ 1038 Brooks 05/28/08
And Training Standards Commission
Faneal Godbold v. Criminal Justice Edcuation and Training Standards 08 DOJ 1077 Gray 12/12/08
Commission
Dustin Elvin Campbell v. Criminal Justice Education and Training 08 DOJ 1078 Lassiter 07/14/08
Standards Commission
Cynthia Kay Saintsing v. Criminal Justice Education and Training 08 DOJ 1079 Lassiter 07/14/08
Standards Commission
Timothy C. Darrh v. DHHS/Value Options 07 DOJ 1239 Overby 07/07/08
David Alan Moore v. North Carolina Private Protective Services 08 DOJ 1264 Morrison 07/21/08
Board
Gregory Alan Hooks v. NC Alarm Systems Licensing Board 08 DOJ 1265 Morrison 07/10/08
Kimberly Blue Cameron v. Sheriffs' Education and Training Standards 08 DOJ 1269 Overby 10/13/08
Jesse Adam Salmon v. N.C. Sheriffs' Education and Training Standards 08 DOJ 1270 Overby 09/15/08
Commission
Tina Ann Ward v. N.C. Sheriffs' Education and Training Standards 08 DOJ 1273 Gray 08/29/08
Commission
P.J. Shelton v. NC Sheriffs' Education and Training Standards 08 DOJ 1274 Brooks 10/10/08
Commission
Stephen Matthew Crotts v. Sheriffs' Education and Training Standards 08 DOJ 1275 Brooks 10/27/08
Commission
CONTESTED CASE DECISIONS
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
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Danny Dwight Jordan v. Private Protective Services Board 08 DOJ 1594 Overby 10/14/08
Reshella Moore v. Sherrifs' Education and Training Standards Comm. 08 DOJ 1846 Joseph 09/25/08
Jamaal Ahkiem Gittens v. Private Protective Services Board 08 DOJ 1867 May 10/08/08
Ryan Ginn v. Criminal Justice Education and Training Standards 08 DOJ 1927 Gray 11/12/08
Commission
Matthew William MacDonald v. Criminal Justice Education and Training 08 DOJ 2033 Brooks 12/01/08
Standards Commission
Ronald Lewis Leak v. Private Protective Services Board 08 DOJ 2080 Overby 10/14/08
Penny Thomas Schronce v. Sheriffs' Education and Training Standards 08 DOJ 2109 Brooks 12/01/08
Commission
Dwight Wendell Parker v. Criminal Justice Education and Training 08 DOJ 2110 Gray 10/27/08
Standards Commission
Aaron McDowell v. Company Police Program 08 DOJ 2176 Brooks 01/05/09
Richard Bryant Honeycutt v. Criminal Justice Education and Training 08 DOJ 2209 May 12/31/08
Standards Commission
James Percy Stancil III v. Sheriffs' Education and Training Standards 08 DOJ 2489 Joseph 12/31/08
Commission
David L. Walser v. Private Protective Services Board 08 DOJ 2561 Webster 01/06/09
DEPARTMENT OF LABOR
Sandra Leroux, Leroux Entertainment Corporation d/b/a Spectacular 08 DOL 0754 May 07/08/08
Events! V. DOL
DEPARTMENT OF TRANSPORTATION
Kevin Douglas v. Dept. of Justice Criminal Justice Standards, DMV 07 DOT 2221 Webster 05/12/08
License and Theft, Holly Springs Police Department
Terry J. Kyte, Pres. Kyte Contruction v. DMV 08 DOT 1517 Elkins 12/03/08
Benjamin Cartwright Simmons III, Citation #3131650-8 v. DMV 08 DOT 1774 Lassiter 11/03/08
DEPARTMENT OF STATE TREASURER
Robert A. Gabriel Sr. v. DST 05 DST 0586 Gray 12/31/08 23:16 NCR 1695
Trevor Allan Hampton v. N.C. State Retirement Systems 07 DST 1493 Overby 09/08/08
Patricia V. Leonard v. State Treasurer/Retirement Systems Division 07 DST 1928 Lassiter 03/12/08
William S. Greene v. DST, Retirement Systems Division 08 DST 0235 Gray 07/16/08 23:05 NCR 524
Jerry Alan Reese v. DST, State and Local Finance Division and the Local 08 DST 0256 Morrison 07/25/08
Government Commission
Charles C. Williams, Sr., v. Dept. of Treasurer 08 DST 0736 Elkins 10/27/08
ETHICS COMMISSION
Earnest Waters v. State Ethics Commission 08 EBD 2375 Gray 02/13/09
EDUCATION, STATE BOARD OF
Stephen Miller Gibson v. DPI 07 EDC 0121 May 09/17/08
Bradford Dale Gulley v. Depart. of Education Attorney Generals Office 07 EDC 1486 Webster 05/16/08
Lucretia Burrus v. State Board of Education 07 EDC 2210 Webster 05/16/08
Gregory Bates v. DPI, Licensure Section 07 EDC 2238 Gray 04/30/08
Heather S. Brame v. State Board of Education 07 EDC 2287 Joseph 05/07/08
Nancy L. Ashburn v. NC Department of Public Instruction 07 EDC 2357 Brooks 08/19/08
Sandra Chesser v. State Board of Education 08 EDC 0022 May 04/30/08
Terry L Moore v. N.C. Department of Public Instruction 08 EDC 0386 Morrison 07/22/08
Len Stevenson Smith v. North Carolina Department of Public 08 EDC 0215 May 08/26/08
Instruction
Hubert Thomas Byrum v. Office of State Superintendent 08 EDC 0619 Gray 06/04/08
David Lynn Cox v. Dept. of Public Instruction 08 EDC 0824 Webster 11/03/08
Gary Alan Cooper v. N.C. State Board of Education 08 EDC 0920 Gray 08/01/08
Beulah Sowell Bolton v. DPI 08 EDC 1004 Overby 10/28/08
Selena Blad v. NC Board of Education 08 EDC 1316 Brooks 09/17/08
Ceretha Sherrill v. State Superintendent's Ethics Committee 08 EDC 2073 Brooks 11/05/08
Elizabeth Ann Flow v. DPI 08 EDC 2241 Brooks 12/11/08
Robin M C Perlman v. State Board of Education 08 EDC 2316 May 02/13/09
DEPT. OF ENVIRONMENT AND NATURAL RESOURCES
Freedman Farms v. DENR, Div. of Water Quality 05 EHR 0905 Overby 10/23/08
Henderson Farms, LLC, v. DENR 05 EHR 1205 Gray 03/17/09 23:24 NCR 2492
Anderson Sand & Grave; LLC, Gerald L. Anderson LLC, and Gerald 05 EHR 1787 Gray 10/29/08 23:16 NCR 1701
Anderson
Henry S. Cowell, III and Carolyn Dressler v. DENR, Div. of Coastal 06 EHR 1185 Brooks 05/30/08 23:05 NCR 501
Management
Robin R. Moore v. DENR, Division of Waste Management 06 EHR 1479 Lassiter 03/24/08
CONTESTED CASE DECISIONS
23:24 NORTH CAROLINA REGISTER JUNE 15, 2009
2453
Ray Sael v. DENR, Div. of Water Quality 06 EHR 1671 Gray 01/22/09
Mr. Robert W. Elmore v. Division of Environmental Health, Onside 06 EHR 2232 Webster 01/07/09
Water Protection Section
Laurel Valley Watch and Clean Water for North Carolina, Inc., v. Div. 06 EHR 2393 Gray 12/08/08
of Water Quality, DENR and Scenic Wolf Development, LLC
NC Coastal Federation v. DENR, Division of Coastal Management and 07 EHR 0345 Lassiter 04/07/08
Wind over Waves, LLC
John B. Chastain, Jr., W.B. Chastain v. N.C. Department of 07 EHR 0722 Brooks 06/26/08
Environment and Natural Resources
Terry Hill DAQ 2007-015 v. DENR, Division of Air Quality 07 EHR 0937 Morrison 04/08/08
Frank Home Construction, Inc. v. Division of Water Quality 07 EHR 1061 Webster 05/12/08
Durham Land Associates LLC v. County of Durham, Engineering 07 EHR 1140 Overby 08/20/08
Department
Durham Land Associates LLC v. County of Durham, Engineering 07 EHR 1141 Overby 08/20/08
Department
Dennis L Jude v. NC Department of Environment and Natural 07 HER 1238 Webster 08/20/08
Resources
Martha and Charles Morton v. N.C. Department of Environment 07 EHR 1297 Overby 06/02/08
And Natural Resources
Kenneth & Mary Anne Sutton v. DENR, Division of Coastal 07 EHR 1316 Overby 05/09/08
Management
William Lewell Huff v. N.C. Department of Environment and 07 EHR 1579 Overby 06/02/08
Natural Resources
Stridemark, LLC v. North Carolina Department of Environment and 07 EHR 1564 Webster 07/17/08
Natural Resources, Division of Air Quality
Gleason James v. Appalachian District Health Department 07 EHR 2073 Brooks 09/05/08
Senia I. Parker v. Environmental Management Commission 07 EHR 2082 Webster 10/24/08
Bateman Trucking, Inc., James K. Bateman v. Cherokee County Health 07 EHR 2180 Brooks 01/15/09
Department, Environmental Health Division
Frank Myers Investments, LLC v. DENR 07 EHR 2377 May 05/28/08
W Russell Overman Martin County Water & Sewer District v. DENR 08 EHR 0345 Gray 06/10/08
Public Water Supply Section
Christopher E. Taylor, Jane Taylor v. DENR, Land Quality Section 08 EHR 0512 Brooks 12/09/08
Ray Poole's Park, Jean Poole v. DENR, Public Water Supply Section 08 EHR 0563 Joseph 05/16/08
Allen Johnson v. DENR, Div. of Air Quality and Teresa Tart v. DENR 08 EHR 0567 Webster 10/28/08
Div. of Air Quality
Allen Johnson v. DENR, Div. of Air Quality and Teresa Tart v. DENR 08 EHR 0587 Webster 10/28/08
Div. of Air Quality
Joe S. Edge Sr. v. N.C. Department of Environment and Natural 08 HER 0757 Gray 09/17/08
Resources
Donald Lindsay v. Cherokee County Health Dept. 08 EHR 0764 Brooks 07/10/08
Joel M. Walker v. Division of Water Quality Well Contractors 08 EHR 0985 Joseph 06/11/08
Certification Commission
George Bess, Sr., v. DENR, Div. of Air Quality 08 EHR 1000 Overby 10/28/08
U.S. Department of the Interior (DOD), Fish and Wildlife Service (FWS), 08 EHR 1067 Morrison 03/05/09 23:24 NCR 2511
v. DENR, Div. of Air Quality and PCS Phosphate Compan