This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 26 ● ISSUE 15 ● Pages 1060 - 1174
February 1, 2012
I. EXECUTIVE ORDERS
Executive Order No. 113 .................................................................................... 1060 - 1062
II. IN ADDITION
Real Estate Commission – Notice of Change of Location of Public Hearing .... 1063
Decision Letters on "Changes Affecting Voting" from US Attorney General .. 1064 – 1067
III. PROPOSED RULES
Environment and Natural Resources, Department of
Environmental Management Commission ...................................................... 1089 – 1092
Health and Human Services, Department of
Child Care Commission .................................................................................. 1068 – 1077
Medical Care Commission .............................................................................. 1077 – 1081
Justice, Department of
Criminal Justice Education and Training Standards Commission .................. 1081 – 1089
IV. APPROVED RULES ........................................................................................ 1093 – 1167
Environment and Natural Resources, Department of
Wildlife Resources Commission
Health and Human Services, Department of
Mental Health, Commission for
Occupational Licensing Boards and Commissions
Cosmetic Art Examiners, Board of
Medical Board
Plumbing, Heating and Fire Sprinkler Contractors, Board of Examiners for
V. RULES REVIEW COMMISSION ................................................................. 1168 – 1169
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions ...................................................................................... 1170 – 1174
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult
with the agencies below. The bolded headings are typical issues which the given agency can address,
but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Molly Masich, Codifier of Rules molly.masich@oah.nc.gov (919) 431-3071
Dana Vojtko, Publications Coordinator dana.vojtko@oah.nc.gov (919) 431-3075
Julie Edwards, Editorial Assistant julie.edwards@oah.nc.gov (919) 431-3073
Tammara Chalmers, Editorial Assistant tammara.chalmers@oah.nc.gov (919) 431-3083
Rule Review and Legal Issues
Rules Review Commission
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Joe DeLuca Jr., Commission Counsel joe.deluca@oah.nc.gov (919) 431-3081
Bobby Bryan, Commission Counsel bobby.bryan@oah.nc.gov (919) 431-3079
Fiscal Notes & Economic Analysis and Governor's Review
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
Contact: Anca Grozav, Economic Analyst osbmruleanalysis@osbm.nc.gov (919) 807-4740
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Erin L. Wynia ewynia@nclm.org
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney Karen.cochrane-brown@ncleg.net
Jeff Hudson, Staff Attorney Jeffrey.hudson@ncleg.net
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2012 – December 2012
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
26:13 01/03/12 12/08/11 01/18/12 03/05/12 03/20/12 05/01/12 05/16/12 09/29/12
26:14 01/17/12 12/21/11 02/01/12 03/19/12 03/20/12 05/01/12 05/16/12 10/13/12
26:15 02/01/12 01/10/12 02/16/12 04/02/12 04/20/12 06/01/12 01/30/13 10/28/12
26:16 02/15/12 01/25/12 03/01/12 04/16/12 04/20/12 06/01/12 01/30/13 11/11/12
26:17 03/01/12 02/09/12 03/16/12 04/30/12 05/21/12 07/01/12 01/30/13 11/26/12
26:18 03/15/12 02/23/12 03/30/12 05/14/12 05/21/12 07/01/12 01/30/13 12/10/12
26:19 04/02/12 03/12/12 04/17/12 06/01/12 06/20/12 08/01/12 01/30/13 12/28/12
26:20 04/16/12 03/23/12 05/01/12 06/15/12 06/20/12 08/01/12 01/30/13 01/11/13
26:21 05/01/12 04/10/12 05/16/12 07/02/12 07/20/12 09/01/12 01/30/13 01/26/13
26:22 05/15/12 04/24/12 05/30/12 07/16/12 07/20/12 09/01/12 01/30/13 02/09/13
26:23 06/01/12 05/10/12 06/16/12 07/31/12 08/20/12 10/01/12 01/30/13 02/26/13
26:24 06/15/12 05/24/12 06/30/12 08/14/12 08/20/12 10/01/12 01/30/13 03/12/13
27:01 07/02/12 06/11/12 07/17/12 08/31/12 09/20/12 11/01/12 01/30/13 03/29/13
27:02 07/16/12 06/22/12 07/31/12 09/14/12 09/20/12 11/01/12 01/30/13 04/12/13
27:03 08/01/12 07/11/12 08/16/12 10/01/12 10/22/12 12/01/12 01/30/13 04/28/13
27:04 08/15/12 07/25/12 08/30/12 10/15/12 10/22/12 12/01/12 01/30/13 05/12/13
27:05 09/04/12 08/13/12 09/19/12 11/05/12 11/20/12 01/01/13 01/30/13 06/01/13
27:06 09/17/12 08/24/12 10/02/12 11/16/12 11/20/12 01/01/13 01/30/13 06/14/13
27:07 10/01/12 09/10/12 10/16/12 11/30/12 12/20/12 02/01/13 05/2014 06/28/13
27:08 10/15/12 09/24/12 10/30/12 12/14/12 12/20/12 02/01/13 05/2014 07/12/13
27:09 11/01/12 10/11/12 11/16/12 12/31/12 01/22/13 03/01/13 05/2014 07/29/13
27:10 11/15/12 10/24/12 11/30/12 01/14/13 01/22/13 03/01/13 05/2014 08/12/13
27:11 12/03/12 11/07/12 12/18/12 02/01/13 02/20/13 04/01/13 05/2014 08/30/13
27:12 12/17/12 11/26/12 01/01/13 02/15/13 02/20/13 04/01/13 05/2014 09/13/13
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
EXECUTIVE ORDERS
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EXECUTIVE ORDERS
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EXECUTIVE ORDERS
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IN ADDITION
26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
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Notice of Change of Location of NC Real Estate Commission's Public Hearing
Notice is hereby given that the location of the public hearing to be held in connection with the NC Real Estate Commission's proposed
amendment of the rule cited as NCAC 58A .0114, as published in volume 26, issue 13, page 948 of the North Carolina Register, has
been moved. The new location of the public hearing is as follows:
Public Hearing:
Date: March 7, 2012
Time: 9:00 a.m.
Location: North Raleigh Hilton, Salon E, 3415 Wake Forest Road, Raleigh, NC 27609
IN ADDITION
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IN ADDITION
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IN ADDITION
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IN ADDITION
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PROPOSED RULES
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1068
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Child Care Commission intends to adopt the rule cited as
10A NCAC 09 .1706; amend the rules cited as 10A NCAC 09
.0102, .0714, .0901-.0902, .1702, .1718; and repeal the rules
cited as 10A NCAC 09 .1501-.1504, and .1506.
Link to agency website pursuant to G.S. 150B-19.1(c):
http://ncchildcare.dhhs.state.nc.us/general/whatsnew.asp
Proposed Effective Date: July 1, 2012
Public Hearing:
Date: February 28, 2012
Time: 1:30 p.m.
Location: Division of Child Development and Early Education,
319 Chapanoke Road, Suite 120, Room 300, Raleigh, NC
Reason for Proposed Action:
10A NCAC 09 .0714 – Amendments to this rule will establish
guidelines for staff to use when supervising children indoors or
outdoors while they are in child care. Staff must know where
children are at all times and be able to hear and see them. Also
a provision from the Americans with Disabilities Act (ADA) will
be added for individuals with a disability who are seeking
employment in child care.
10A NCAC 09 .0901, .0902, .1702, .1706, .1718 – Proposed
amendments to these rules are in accordance with the S.L. 2010-
117 to improve the nutrition standards in child care facilities by
limiting certain foods (i.e. juice) or prohibits providing some at
all (i.e. soda, flavored milk). Meeting these requirements will
continue to allow for providers to participate in the Child and
Adult Care Food Program and be reimbursed as they have been
historically.
10A NCAC 09 .0102, .1501, .1502, 1503, .1504, .1506 – As part
of the Governor's RIMP report, rules regarding temporary care
were identified as being unnecessary. Rules .1501, .1502, .1503,
.1504 and .1506 are proposed for repeal. Also the definition of
temporary care in Rule .0102(32) will be deleted.
Procedure by which a person can object to the agency on a
proposed rule: Objections may be submitted in writing to
Dedra Alston, Division of Child Development and Early
Education, 2201 Mail Service Center, Raleigh, NC 27699-2201;
or by email to Dedra.Alston@dhhs.nc.gov by April 2, 2012.
Comments may be submitted to: Dedra Alston, Division of
Child Development and Early Education, 2201 Mail Service
Center, Raleigh, NC 27699-2201; phone (919) 890-7060; fax
(919) 662-4543; email Dedra.Alston@dhhs.nc.gov
Comment period ends: April 2, 2012
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
Local funds affected
Date submitted to OSBM:
Substantial economic impact (≥$500,000)
Approved by OSBM
No fiscal note required
CHAPTER 09 - CHILD CARE RULES
SECTION .0100 - DEFINITIONS
Note: Text shown in Italics has been approved by the RRC and
is pending Legislative review.
10A NCAC 09 .0102 DEFINITIONS
The terms and phrases used in this Chapter are defined as
follows except when the content context of the rule requires a
different meaning. The definitions prescribed in G.S. 110-86
also apply to these Rules.
(1) "Agency" as used in Section .2200 of this
Chapter, means Division of Child
Development, Development and Early
Education, Department of Health and Human
Services located at 319 Chapanoke Road,
Suite 120, Raleigh, North Carolina 27603.
PROPOSED RULES
26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1069
(2) "Appellant" means the person or persons who
request a contested case hearing.
(3) "Basic School-Age Care" training (BSAC
training) means the training on the elements of
quality afterschool care for school-age
children, developed by the North Carolina
State University Department of 4-H Youth
Development and subsequently revised by the
North Carolina School-age Quality
Improvement Project. Other training shall be
approved as equivalent if the Division
determines that the content of the training
offered is substantially equivalent to the BSAC
training.
(4) "Child Care Program" means a single center or
home, or a group of centers or homes or both,
which are operated by one owner or
supervised by a common entity.
(5) "Child care provider" as defined by G.S. 110-
90.2(a)(2)a. and used in Section .2700 of this
Chapter, includes the following employees
who have contact with the children in a child
care program: facility directors, administrative
staff, teachers, teachers' aides, cooks,
maintenance personnel, and drivers.
(6) "Child Development Associate Credential"
means the national early childhood credential
administered by the Council for Early
Childhood Professional Recognition.
(7) "Developmentally appropriate" means suitable
to the chronological age range and
developmental characteristics of a specific
group of children.
(8) "Division" means the Division of Child
Development and Early Education within the
Department of Health and Human Services.
(9) "Drop-in care" means a child care arrangement
where children attend on an intermittent,
unscheduled basis.
(10) "Early Childhood Environment Rating Scale -
Revised Edition" (Harms, Clifford, and Cryer,
2005, published by Teachers College Press,
New York, NY) is the instrument used to
evaluate the quality of care received by a
group of children in a child care center, when
the majority of children in the group are two
and a half years old through five years old, to
achieve three or more points for the program
standards of a rated license. This instrument is
incorporated by reference and includes
subsequent editions. Individuals wishing to
purchase a copy may call Teachers College
Press at 1-800-575-6566. The cost of this
scale in May 2010 is nineteen dollars and
ninety-five cents ($19.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection during regular
business hours.
(11) "Experience working with school-aged
children" means working with school-age
children as an administrator, program
coordinator, group leader, assistant group
leader, lead teacher, teacher or aide.
(11)(12) "Family Child Care Environment Rating Scale
- Revised Edition" (Harms, Cryer and Clifford,
2007, published by Teachers College Press,
New York, NY) is the instrument used to
evaluate the quality of care received by
children in family child care homes to achieve
three or more points for the program standards
of a rated license. This instrument is
incorporated by reference and includes
subsequent editions. Individuals wishing to
purchase a copy may call Teachers College
Press at 1-800-575-6566. The cost of this
scale in May 2010 is nineteen dollars and
ninety-five cents ($19.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection during regular
business hours.
(12)(13) "First aid kit" is a collection of first aid
supplies (such as bandages, tweezers,
disposable nonporous gloves, micro shield or
face mask, liquid soap, cold pack) for
treatment of minor injuries or stabilization of
major injuries.
(13)(14) "Group" means the children assigned to a
specific caregiver or caregivers, to meet the
staff/child ratios set forth in G.S. 110-91(7)
and this Chapter, using space which is
identifiable for each group.
(14)(15) "Health care professional" means:
(a) a physician licensed in North
Carolina;
(b) a nurse practitioner approved to
practice in North Carolina;
(c) a licensed physician assistant.
(15)(16) "Household member" means a person who
resides in a family home as evidenced by
factors including, including maintaining
clothing and personal effects at the household
address, receiving mail at the household
address, using identification with the
household address, or eating and sleeping at
the household address on a regular basis.
(16)(17) "If weather conditions permit" means:
(a) temperatures that fall within the
guidelines developed by the Iowa
Department of Public Health and
specified on the Child Care Weather
Watch chart. These guidelines shall
be used when determining
appropriate weather conditions for
taking children outside for outdoor
learning activities and playtime. This
chart may be downloaded free of
PROPOSED RULES
26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1070
charge from
http://www.idph.state.ia.us/hcci/com
mon/pdf/weatherwatch.pdf, and is
incorporated by reference and
includes subsequent editions and
amendments;
(b) following the air quality standards as
set out in 15A NCAC 18A .2832(d).
healthy air quality as forecast by the
Department of Environment and
Natural Resources' Air Quality
Forecasts and Information web page.
The Air Quality Color Guide can be
found on the Division's web site at
http://xapps.enr.state.nc.us/aq/Forecas
tCenter or call 1-888-RU4NCAIR (1-
888-784-6224); and
(c) no active precipitation. Caregivers
may choose to go outdoors when
there is active precipitation if children
have appropriate clothing such as rain
boots and rain coats, or if they are
under a covered area.
(17)(18) "Infant/Toddler Environment Rating Scale -
Revised Edition" (Harms, Cryer, and Clifford,
2003, published by Teachers College Press,
New York, NY) is the instrument used to
evaluate the quality of care received by a
group of children in a child care center, when
the majority of children in the group are
younger than thirty months old, to achieve
three or more points for the program standards
of a rated license. This instrument is
incorporated by reference and includes
subsequent editions. Individuals wishing to
purchase a copy may call Teachers College
Press at 1-800-575-6566. The cost of this
scale in May 2010 is nineteen dollars and
ninety-five cents ($19.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection during regular
business hours.
(18)(19) "ITS-SIDS Training" means the Infant/Toddler
Safe Sleep and SIDS Risk Reduction Training
developed by the NC Healthy Start Foundation
for the Division of Child Development and
Early Education for caregivers of children
ages 12 months and younger.
(19)(20) "Licensee" means the person or entity that is
granted permission by the State of North
Carolina to operate a child care facility. The
owner of a facility is the licensee.
[(20)](21) "North Carolina Early Educator
Certification (certification)" is an
acknowledgement of an individual's verified
level of educational achievement based on a
standardized scale. The North Carolina
Institute for Child Development Professionals
certifies individuals and assigns a certification
level on two scales: the Early Care and
Education Professional Scale (ECE Scale) in
effect as of July 1, 2010 or the School Age
Professional Scale (SA Scale) in effect as of
May 19, 2010. Each scale reflects the amount
of education earned in the content area
pertinent to the ages of children served. The
ECE Scale is designed for individuals working
with or on behalf of children ages birth to five.
The SA Scale is designed for individuals
working with or on behalf of children ages 5 to
12 who are served in school age care settings.
(20)[(21)](22) "North Carolina Early Childhood
Credential" means the state early childhood
credential that is based on completion of
required early childhood coursework taken at
any NC Community College. and standards
found in the North Carolina Early Childhood
Instructor Manual (published by the NC
Community College System Office). These
standards are incorporated by reference and
include subsequent amendments. Other post
secondary curriculum coursework shall be
approved as equivalent if the Division
determines that the content of the other post
secondary curriculum coursework offered is
substantially equivalent to the NC Early
Childhood Credential Coursework. A copy of
the North Carolina Early Childhood Credential
requirements is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection or copying at
no charge during regular business hours.
(21)[(22)](23) "Owner" means any person with a five
percent or greater equity interest in a child care
facility, however, however stockholders of
corporations who own child care facilities are
not subject to mandatory criminal history
checks pursuant to G.S. 110-90.2 and G.S.
110-91(8) unless they are involved in day-to-day
operations of the child care facility. a
child care provider.
(22)[(23)](24) "Parent" means a child's parent, legal
guardian, or full-time custodian.
(23)[(24)](25) "Part-time care" means a child care
arrangement where children attend on a
regular schedule but less than a full-time basis.
(24)[(25)](26) "Passageway" means a hall or corridor.
(25)[(26)](27) "Person" means any individual, trust,
estate, partnership, corporation, joint stock
company, consortium, or any other group,
entity, organization, or association.
(26)[(27)](28) "Preschooler" or "preschool-age child"
means any child who does not fit the definition
of school-age child in this Rule.
(27)[(28)](29) "School-Age Care Environment Rating
Scale" (Harms, Jacobs, and White, 1996,
published by Teachers College Press) is the
PROPOSED RULES
26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1071
instrument used to evaluate the quality of care
received by a group of children in a child care
center, when the majority of the children in the
group are older than five years, to achieve
three or more points for the program standards
of a rated license. This instrument is
incorporated by reference and includes
subsequent editions. Individuals wishing to
purchase a copy may call Teachers College
Press at 1-800-575-6566. The cost of this
scale in May 2010 is nineteen dollars and
ninety-five cents ($19.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection during regular
business hours.
(28)[(29)](30) "School-age child" means any child who
is attending or who has attended, a public or
private grade school or kindergarten and meets
age requirements as specified in G.S. 115C-
364.
(29)[(30)](31) "Seasonal Program" means a
recreational program as set forth in G.S. 110-
86(2)(b).
(30)[(31)](32) "Section" means Division of Child
Development. Development and Early
Education.
(31)[(32)](33) "Substitute" means any person who
temporarily assumes the duties of a staff
person for a time period not to exceed two
consecutive months.
(32)[(33)](34) "Temporary care" means any child care
arrangement which provides either drop-in
care or care on a seasonal or other part-time
basis and is required to be regulated pursuant
to G.S. 110-86.
(33)[(34)](35)(34) "Track-Out Program" means any
child care provided to school-age children
when they are out of school on a year-round
school calendar.
(34)[(35)](36)(35) "Volunteer" means a person who
works in a child care facility and is not
monetarily compensated by the facility.
Authority G.S. 110-85; 110-88; 143B-168.3.
SECTION .0700 - HEALTH AND OTHER STANDARDS
FOR CENTER STAFF
10A NCAC 09 .0714 OTHER STAFFING
REQUIREMENTS
(a) Each child care center shall have an administrator on site on
a regular basis. The administrator shall be responsible for
monitoring the program and overseeing administrative duties of
the center. This requirement may be met by having one or more
persons on site who meet the requirements for an administrator
according to the licensed capacity of the center. The following
hourly requirements are based on an administrator's normal
working schedule and may include times when the administrator
may be off site due to administrative duties, illness, or vacation.
(1) Each center with a licensed capacity of less
than 30 children shall have an administrator on
site for at least 20 hours per week.
(2) Each center with a licensed capacity of 30 to
79 children shall have an administrator on site
for at least 25 hours per week.
(3) Each center with a licensed capacity of 80 to
199 children shall have an administrator on
site for at least 30 hours per week.
(4) Each center with a licensed capacity of 200 or
more children shall have an administrator on
site for at least 40 hours per week.
(b) At least one person who meets the requirements for an
administrator or lead teacher as set forth in this Section shall be
on site during the center's operating hours except that a person
who is at least 18 years old with at least a high school diploma
or its equivalent and who has a minimum of one year's
experience working with children in a child care center may be
on duty at the beginning or end of the operating day provided
that:
(1) No more than 10 children are present.
(2) The staff person has worked in that center for
at least three months.
(3) The staff person knows and can apply the
center's operating policies and emergency
procedures.
(c) At least one person who meets the requirements for a lead
teacher shall be responsible for each group of children as defined
in Rule .0102 of this Subchapter Chapter except as provided in
Paragraph (b) of this Rule. This requirement may be met by
having one or more persons who meet the requirements for a
lead teacher responsible for the same group of children. Each
lead teacher shall be responsible for only one group of children
at a time. Each group of children shall have a lead teacher in
attendance for at least two-thirds of the total daily hours of
operation, based on a normal working schedule and may include
times when the lead teacher may not be in attendance due to
circumstances such as illness or vacation.
(d) A teacher is a person who is responsible to the lead teacher
and assists with planning and implementing the daily program.
(e) No aide or aides shall have responsibility for a group of
children except as provided in Paragraph (b) of this Rule.
(f) Children shall be adequately supervised at all times.
Adequate supervision shall mean that that: staff interact with the
children while moving about the indoor or outdoor area, and are
able to hear and see the children at all times, except when
emergencies necessitate that direct supervision is impossible for
brief periods of time.
(1) Staff must be positioned in the indoor and
outdoor environment to maximize their ability
to hear or see the children at all times and
render immediate assistance;
(2) Staff must interact with the children while
moving about the indoor or outdoor area;
(3) Staff must know where each child is located
and be aware of children's activities at all
times;
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26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1072
(4) Staff must provide supervision appropriate to
the individual age, needs and capabilities of
each child; and
(5) All of the conditions in this Paragraph shall
apply except when emergencies necessitate
that direct supervision is impossible for brief
periods of time. Documentation of
emergencies shall be maintained and available
for review by Division representatives upon
request.
(g) Nothing contained in this Rule shall be construed to
preclude a "qualified person with a disability," as defined by
G.S. 168A-3(9), or a "qualified individual with a disability," as
defined by the Americans With Disabilities Act at 42 U.S.C.
12111(8), from working in a licensed child care facility.
(g)(h) For groups of children aged two years or older, the
staff/child ratio during nap time is considered in compliance if at
least one person is either in each room or is visually supervising
all the children and if the total number of required staff are on
the premises and within calling distance of the rooms occupied
by children.
(h)(i) When a child is sleeping, bedding or other objects shall not
be placed in a manner that covers the child's face.
Authority G.S. 110-85(1); 110-91(7),(8); 143B-168.3.
SECTION .0900 - NUTRITION STANDARDS
10A NCAC 09 .0901 GENERAL NUTRITION
REQUIREMENTS
(a) Meals and snacks served to children in a child care center
shall comply with the Meal Patterns for Children in Child Care
Programs from the United States Department of Agriculture
(USDA) which are based on the recommended nutrient intake
judged by the National Research Council to be adequate for
maintaining good nutrition. The types of food, number and size
of servings shall be appropriate for the ages and developmental
levels of the children in care. The Meal Patterns for Children in
Child Care Programs are incorporated by reference and include
subsequent amendments. A copy of the Meal Patterns for
Children in Child Care Programs is available free of charge from
the Division at the address in Rule .0102(1) of this Chapter.
(b) Menus for nutritious meals and snacks shall be planned at
least one week in advance. At least one dated copy of the
current week's menu shall be posted where it can be seen easily
by parents and food preparation staff when food is prepared or
provided by the center, except in centers with a licensed capacity
of 3 to 12 children located in a residence. A variety of food shall
be included in meals and snacks. Any substitution shall be of
comparable food value and shall be recorded on the menu.
(c) Children ages two years and older shall be served either
skim or low fat milk.
(c)(d) When children bring their own food for meals or snacks
to the center, if the food does not meet the nutritional
requirements specified in Paragraph (a) of this Rule, the center
must provide additional food necessary to meet those
requirements. Food brought from home may reflect cultural and
ethnic preferences, such as a vegetarian diet.
(d)(e) Drinking water must be freely available to children of all
ages. Drinking fountains or individual drinking utensils shall be
provided. When a private water supply is used, it must be tested
by and meet the requirements of the Commission for Public
Health.
(e)(f) Children's special diets or food allergies shall be posted in
the food preparation area and in the child's eating area.
(f)(g) The food required by special diets for medical, religious
or cultural reasons, may be provided by the center or may be
brought to the center by the parents. If the diet is prescribed by a
health care professional, a statement signed by the health care
professional shall be on file at the center and written instructions
shall be provided by the child's parent, health care professional,
or a licensed dietician/nutritionist. If the diet is not prescribed
by a health care professional, written instructions shall be
provided by the child's parent and shall be on file at the center.
(g)(h) Food and beverages with little or no nutritional value
served as a snack, such as cookies, chips, donuts, sweets, fruit
drinks, soft drinks, etc., shall be available only for special
occasions.
(i) Children shall not be served flavored milk or sugary drinks,
including Kool-Aid, fruit drinks, sports drinks, sweet tea and
soda. No more than 6 ounces of 100 percent fruit juice shall be
offered per day.
(j) Staff shall role model appropriate eating behaviors by not
consuming foods or beverages with little or no nutritional value
in the presence of children in care.
(h)(k) Parents shall be allowed to provide breast milk for their
children. Accommodations for breastfeeding mothers shall be
provided that include seating and an electrical outlet in a place
other than a bathroom that is shielded from view by staff and the
public which may be used by mothers while they are
breastfeeding or expressing milk.
Authority G.S. 110-85; 110-91(2); 143B-168.3.
10A NCAC 09 .0902 GENERAL NUTRITION
REQUIREMENTS FOR INFANTS
(a) The parent or health care provider of each child under 15
months of age shall provide the center an individual written
feeding schedule for the child. This schedule must be followed
at the center. This schedule must include the child's name, be
signed by the parent or health care provider, and be dated when
received by the center. Each infant's schedule shall be modified
in consultation, with the child's parent and/ or health care
provider, to reflect changes in the child's needs as he or she
develops. The feeding instructions for each infant shall be
posted for quick reference by the caregivers, except in centers
licensed for three to 12 children located in a residence.
(b) Each infant will be held for bottle feeding until able to hold
his or her own bottle. Bottles will not be propped. Each child
will be held or placed in feeding chairs or other age-appropriate
seating apparatus to be fed.
(c) Infants shall not be served juice in a bottle without a
prescription or written statement on file from a health care
professional or licensed dietician/nutritionist.
Authority G.S. 110-85; 110-91(2); 143B-168.3.
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26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1073
SECTION .1500 - TEMPORARY CARE REQUIREMENTS
10A NCAC 09 .1501 SCOPE
The regulations in this Section apply to centers offering
temporary care exclusively and to the temporary care component
of any other licensed child care center. All regulations in this
Subchapter pertaining to full-time child care shall apply to
temporary care arrangements, as defined in Rule .0102 of this
Subchapter, except as provided in this Section.
Authority G.S. 110-91; 143B-168.3.
10A NCAC 09 .1502 MEDICAL EXAMINATION
A medical examination report shall not be required for any child
who receives only drop-in care, as defined in Rule .0102 of this
Subchapter, or for any school-aged child who receives
before/after-school care only.
Authority G.S. 110-91(1); 143B-168.3.
10A NCAC 09 .1503 BEDS, COTS, MATS AND
LINENS
(a) Neither a bed, cot, or mat and linen shall be required for any
school-aged child who receives either before or after-school care
or both, or seasonal care only.
(b) When drop-in care is provided in combination with other
types of care, a bed, cot, or mat must be provided for each
preschool-aged child present during rest time.
(c) Beds, cots, or mats do not have to be assigned to, or labeled
for, each individual child.
(d) Each bed, cot, or mat must be sanitized, in a manner
approved by the local health department, after being used by one
child and before being used by a different child.
Authority G.S. 110-91(1); 143B-168.3.
10A NCAC 09 .1504 ATTENDANCE RECORDS
Accurate daily records showing the arrival and departure times
of each child receiving drop-in care shall be kept. When drop-in
care is provided in combination with other types of care, the
daily attendance records of children in the drop-in component
shall be maintained separately from the attendance records of
children in other components.
Authority G.S. 110-91(9); 143B-168.3.
10A NCAC 09 .1506 OUTDOOR PLAY AREA
If a child care center provides part-time or drop-in care
exclusively, the center may choose to provide 35 square feet per
child of indoor space in lieu of the outdoor play area as long as
no child remains in care for more than a four-hour period per
day.
Authority G.S. 110-91; 143B-168.3.
SECTION .1700 - FAMILY CHILD CARE HOME
REQUIREMENTS
10A NCAC 09 .1702 APPLICATION FOR A LICENSE
FOR A FAMILY CHILD CARE HOME
(a) Any person who plans to operate a family child care home
shall apply for a license using a form provided by the Division.
The applicant shall submit the completed application, which
complies with the following, to the Division:
(1) Only one licensed family child care home shall
operate at the location address of any home.
(2) The applicant shall list each location address
where a licensed family child care home will
operate.
(b) When a family child care home will operate at more than
one location address by cooperative arrangement among two or
more families, the following procedures apply:
(1) One parent whose home is used as a location
address shall be designated the coordinating
parent and shall co-sign the application with
the applicant.
(2) The coordinating parent shall know the current
location address at all times and shall provide
the information to the Division upon request.
(c) The applicant shall assure that the structure in which the
family child care home is located complies with the following
requirements:
(1) The structure complies with the North
Carolina Building Code for family child care
homes or has written approval for use as a
family child care home by the local building
inspector.
(2) The structure meets North Carolina
Residential Building Code or is a
manufactured home bearing a third party
inspection label certifying compliance with the
Federal Manufactured Home Construction and
Safety Standards or certifying compliance with
construction standards adopted and enforced
by the State of North Carolina. Homes shall
be installed in accordance with North Carolina
Manufactured/Mobile Home Regulations
adopted by the NC Department of Insurance.
Exception: Single wide manufactured homes
are limited to a maximum of three preschool-age
children (not more than two may be two
years of age or less) and two school-age
children.
(3) All children are kept on the ground level with
an exit at grade.
(4) All homes are equipped with an electrically
operated (with a battery backup) smoke
detector, or one electrically operated and one
battery operated smoke detector located next
to each other.
(5) All homes are provided with at least one five
pound 2-A: 10-B: C type extinguisher readily
accessible for every 2,500 square feet of floor
area.
(6) Fuel burning space heaters, fireplaces and
floor furnaces which are listed and approved
by the Department of Insurance for that
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26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1074
installation and are provided with a protective
screen attached securely to supports are
allowed. Unvented fuel burning heaters and
portable electric space heaters of all types are
prohibited.
(7) All indoor areas used by children are heated
when the temperature is below 65 degrees and
ventilated when the temperature is above 85
degrees.
(8) Hot pipes or radiators which are hot enough to
be capable of burning children and are
accessible to the children are covered or
insulated.
(9) Accommodations for breastfeeding mothers
are provided that include seating and an
electrical outlet, in a place other than a
bathroom, that is shielded from view by staff
and the public, which may be used by mothers
while they are breastfeeding or expressing
milk.
(d) The applicant shall also submit supporting documentation
with the application for a license to the Division. The supporting
documentation shall include:
(1) a copy of the certified criminal history check
from the Clerk of Superior Court's office in the
county or counties where the applicant and any
household member(s) over age 15, have
resided during the previous 12 months;
(2) a copy of documentation of completion of a
first aid and cardiopulmonary resuscitation
(CPR) course;
(3) proof of negative results of the applicant's
tuberculosis test completed within the past 12
months;
(4) a completed health questionnaire;
(5) a copy of current pet vaccinations for any pet
in the home;
(6) a negative well water bacteriological analysis
if the home has a private well;
(7) copies of any inspections required by local
ordinances; and
(8) any other documentation required by the
Division according to the rules in this Section
to support the issuance of a license.
(e) Upon receipt of a complete application and supporting
documentation, a Division representative shall make an
announced visit to each home unless the applicant meets the
criteria in Paragraph (g) of this Rule to determine compliance
with the requirements, to offer technical assistance when needed,
and to provide information about local resources. The issuance
of a license applies as follows:
(1) If all applicable requirements of G.S. 110 and
this Section are met, a license shall be issued;
(2) If the applicable requirements are not met but
the applicant has the potential to comply, the
Division representative shall establish with the
applicant a time period for the home to achieve
compliance. If the Division representative
determines that all applicable requirements are
met within the established time period, a
license shall be issued; or
(3) If all applicable requirements are not met or
cannot be met within the established time, the
Division shall deny the application. Final
disposition of the recommendation to deny is
the decision of the Division.
(f) The Division shall allow the applicant to temporarily operate
prior to the Division representative's visit described in Paragraph
(e) of this Rule when the applicant is currently licensed as a
family child care home operator, needs to relocate, and notifies
the Division of the relocation; and the Division representative is
unable to visit before the relocation occurs. A person shall not
operate until he or she has received from the Division either
temporary permission to operate or a license.
(g) When a person applies for a family child care home license,
the Secretary may deny the application for the license under the
following circumstances:
(1) if any child care facility license previously
held by that person has been denied, revoked
or summarily suspended by the Division;
(2) if the Division has initiated denial, revocation
or summary suspension proceedings against
any child care facility license previously held
by that person and the person voluntarily
relinquished the license;
(3) during the pendency of an appeal of a denial,
revocation or summary suspension of any
child care facility license previously held by
that person;
(4) if the Division determines that the applicant
has a relationship with an operator or former
operator who previously held a license under
an administrative action described in
Subparagraph (g)(1), (2), or (3) of this Rule.
As used in this Rule, an applicant has a
relationship with a former operator if the
former operator would be involved with the
applicant's child care facility in one or more of
the following ways:
(A) would participate in the
administration or operation of the
facility;
(B) has a financial interest in the
operation of the facility;
(C) provides care to the children at the
facility;
(D) resides in the facility; or
(E) would be on the facility's board of
directors, be a partner of the
corporation, or otherwise have
responsibility for the administration
of the business;
(5) based on the person's previous non-compliance
as an operator with the requirements of G.S.
110 and this Chapter; or
(6) if abuse or neglect has been substantiated
against the person, or if abuse or neglect was
substantiated against a household member.
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26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1075
(h) In determining whether denial of the application for a
license is warranted pursuant to Paragraph (g) of this Rule, the
Division shall consider:
(1) any documentation provided by the applicant
which describes the steps the applicant will
take to prevent reoccurrence of noncompliance
issues which led to any prior administrative
action taken against a license previously held
by the applicant;
(2) training certificates or original transcripts from
a nationally recognized regionally accredited
institution of higher learning related to
providing quality child care for any
coursework, and which were taken subsequent
to any prior administrative action taken against
a license previously held by the applicant.
Nationally recognized means that every state
in this nation acknowledges the validity of the
coursework taken at higher education
institutions that meet the requirements of one
of the six regional accrediting bodies;
(3) proof of employment in a licensed child care
facility and references from the administrator
or licensee of the child care facility regarding
work performance;
(4) documentation of collaboration or mentorship
with a licensed child care provider to obtain
additional knowledge and experience related
to operation of a child care facility; and
(5) documentation explaining relationships with
persons meeting the criteria listed in
Subparagraph (g)(4) of this Rule.
(i) The license shall not be bought, sold, or transferred from one
individual to another.
(j) The license is valid only for the location address listed on it.
(k) The license must be returned to the Division in the event of
termination, revocation, suspension, or summary suspension.
(l) The license shall be displayed in a prominent place that
parents are able to view daily and shall be shown to each child's
parent when the child is enrolled.
(m) A licensee shall notify the Division whenever a change
occurs which affects the information shown on the license.
Authority G.S. 110-85; 110-88(5); 110-91; 110-93; 110-99;
143B-168.3.
10A NCAC 09 .1706 NUTRITION STANDARDS
(a) Meals and snacks served to children in a Family Child Care
Home shall comply with the Meal Patterns for Children in Child
Care Programs from the United States Department of
Agriculture (USDA) which are based on the recommended
nutrient intake judged by the National Research Council to be
adequate for maintaining good nutrition. The types of food,
number and size of servings shall be appropriate for the ages and
developmental levels of the children in care. The Meal Patterns
for Children in Child Care Programs are incorporated by
reference and include subsequent amendments. A copy of the
Meal Patterns for Children in Child Care Programs is available
free of charge from the Division at the address in Rule .0102(1)
of this Chapter.
(b) When children bring their own food for meals and snacks to
the program, if the food does not meet the nutritional
requirements specified in Paragraph (a) of this Rule, the operator
must provide the additional food necessary to meet those
requirements. Food brought from home may reflect cultural and
ethnic foods, such as vegetarian preferences.
(c) The food required by special diets for medical, religious or
cultural reasons, may be provided by the operator or may be
brought to the program by the parents. If the diet is prescribed
by a health care professional, a statement signed by the health
care professional shall be on file at the program and written
instructions must be provided by the child's parent, health care
professional or a licensed dietician/nutritionist. If the diet is not
prescribed by a health care professional, written instructions
shall be provided by the child's parent and shall be on file at the
program.
(d) Food with little or no nutritional value served as snack, such
as cookies, chips, donuts; etc. shall be available only for special
occasions.
(e) For children ages 24 months and older a meal or snack must
be provided at least every four hours.
(f) The parent or health care professional of each child under 15
months of age shall provide the operator an individual written
feeding schedule for the child. This schedule shall be followed
at the home. This schedule shall include the child's name, be
signed by the parent or health care professional, and be dated
when received by the operator. Each infant's schedule shall be
modified in consultation with the child's parent or health care
professional to reflect changes in the child's needs as he or she
develops.
(g) Parents shall be allowed to provide breast milk for their
children. Accommodations for breastfeeding mothers are
provided that include seating and an electrical outlet, in a place
other than a bathroom, that is shielded from view by staff and
the public, which may be used by mothers while they are
breastfeeding or expressing milk.
(h) Each infant shall be held for bottle feeding until able to hold
his or her own bottle. Bottles shall not be propped. Each child
shall be held or placed in feeding chairs or other age-appropriate
seating apparatus to be fed.
(i) Any formula which is prepared by the operator shall be
prepared according to the instructions on the formula package or
label, or according to written instructions from the child's health
care professional.
(j) Infants shall not be served juice in a bottle without a
prescription or written statement on file from a health care
professional or licensed dietician/nutritionist.
(k) Drinking water must be freely available and offered to
children on a frequent basis.
(l) When milk, milk products, or fruit juices are provided by the
operator, only pasteurized products or products which have
undergone an equivalent process to pasteurization shall be used.
(m) Children ages two years and older shall be served either
skim or low fat milk.
(n) Children shall not be served flavored milk or sugary drinks,
including Kool-Aid, fruit drinks, sports drinks, sweet tea and
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1076
soda. No more than 6 ounces of 100 percent fruit juice shall be
offered per day.
Authority G.S. 110-85; 110-91(2); 143B-168.3.
10A NCAC 09 .1718 REQUIREMENTS FOR DAILY
OPERATIONS
(a) The operator shall provide the following on a daily basis for
all children in care:
(1) Meals and snacks which comply with the Meal
Patterns for Children in Child Care Programs
from the United States Department of
Agriculture (USDA) which are based on the
recommended nutrient intake judged by the
National Research Council to be adequate for
maintaining good nutrition. The types of food
and number and size of servings shall be
appropriate for the ages and developmental
levels of the children in care. The Meal
Patterns for Children in Child Care Programs
are incorporated by reference and include
subsequent amendments. A copy of the Meal
Patterns for Children in Child Care Programs
is available free of charge from the Division at
the address in Rule .0102 of this Chapter;
(2) A meal or snack at least every four hours;
(3) Drinking water freely available to children;
(4)(1) Developmentally appropriate equipment and
materials for a variety of outdoor activities
which allow for vigorous play, large and small
muscle development, and social, emotional,
and intellectual development. Each child shall
have the opportunity for outdoor play each day
that weather conditions permit. The operator
shall provide space and time for vigorous
indoor activities when children cannot play
outdoors;
(5)(2) An individual sleeping space such as a bed,
crib, play pen, cot, mat, or sleeping bag with
individual linens for each pre-school aged
child in care for four hours or more, or for all
children if overnight care is provided, to rest
comfortably. Individual sleep requirements for
infants aged 12 months or younger shall be
provided for as specified in 10A NCAC 09
.1724(a)(2). Linens shall be changed weekly
or whenever they become soiled or wet;
(6)(3) A quiet, separate area which can be easily
supervised for children too sick to remain with
other children. Parents shall be notified
immediately if their child becomes too sick to
remain in care;
(7)(4) Adequate supervision as described below:
(A) For children who are awake, staff
shall interact with the children while
moving about the indoor or outdoor
area, and shall be able to hear and see
the children at all times, except when
emergencies necessitate that direct
supervision is impossible for brief
periods of time; and
(B) For children who are sleeping or
napping, the staff are not required to
visually supervise them, but shall be
able to hear and respond quickly to
them. Children shall not sleep or nap
in a room with a closed door between
the children and the supervising staff.
The staff shall be on the same level of
the home where children are sleeping
or napping.
(8)(5) A safe sleep environment by ensuring that
when a child is sleeping or napping, bedding
or other objects shall not be placed in a
manner that covers the child's face;
(9)(6) The opportunity each day for each child under
the age of 12 months to play while awake
while positioned on his or her stomach;
(10)(7) Developmentally appropriate activities as
planned on a written schedule. Materials or
equipment shall be available indoors and
outdoors to support the activities listed on the
written schedule. The written schedule shall:
(A) Show blocks of time usually assigned
to types of activities and include
periods of time for both active play
and quiet play or rest;
(B) Be displayed in a place where parents
are able to view;
(C) Reflect daily opportunities for both
free choice and guided activities;
(D) Include a minimum of one hour of
outdoor play throughout the day, if
weather conditions permit; and
(E) Include a daily gross motor activity
which may occur indoors or outdoors;
and
(11)(8) When screen time, including videos, video
games, and computer usage, is provided, it
shall be:
(A) Offered only as a free choice activity,
(B) Used to meet a developmental goal,
and
(C) Limited to no more than two and a
half hours per week for each child
two years of age and older.
Usage time periods may be extended for specific
special events, projects, occasions such as a current
event, homework, on-site computer classes, holiday;
and birthday celebration. Screen time is prohibited for
children under the age of two years. The operator shall
offer alternate activities for children under the age of
two years.
(b) When milk, milk products, or fruit juices are provided by the
operator, only pasteurized products or products which have
undergone an equivalent process to pasteurization shall be used.
Any formula which is prepared by the operator shall be prepared
according to the instructions on the formula package or label, or
PROPOSED RULES
26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1077
according to written instructions from the child's health care
professional.
(c) Each infant shall be held for bottle feeding until able to hold
his or her own bottle. Bottles shall not be propped. Each child
shall be held or placed in feeding chairs or other age-appropriate
seating apparatus to be fed.
(d) The parent or health care professional of each child under 15
months of age shall provide the operator an individual written
feeding schedule for the child. This schedule shall be followed
at the home. This schedule shall include the child's name, be
signed by the parent or health care professional, and be dated
when received by the operator. Each infant's schedule shall be
modified in consultation with the child's parent or health care
professional to reflect changes in the child's needs as he or she
develops.
Authority G.S. 110-85; 110-88; 110-91(2),(12).
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Medical Care Commission intends to amend the rules
cited as 10A NCAC 13D .2101, .2209, .2304, .2308, .2605-
.2607, .2701 and repeal the rule cited as 10A NCAC 13D .2110.
Link to agency website pursuant to G.S. 150B-19.1(c):
http://www.ncdhhs.gov/dhsr/ruleactions.html
Proposed Effective Date: June 1, 2012
Public Hearing:
Date: March 21, 2012
Time: 10:00 a.m.
Location: NC Division of Health Service Regulation,
Lineberger Building, Room 134, Dorothea Dix Campus, 1205
Umstead Drive, Raleigh, NC 27603
Reason for Proposed Action: In response to Executive Order
70, the purpose for the proposed rule amendments is to simplify
and clarify current rule language, update reference names and
addresses in rules, update rule authority in history notes, and
add web site addresses to rules. In addition, the purpose of the
repeal of one rule is that compliance is achieved through Public
Records Law (G.S. Chapter 132), rendering this rule redundant.
Procedure by which a person can object to the agency on a
proposed rule: An individual may object to the agency on the
proposed rule by submitting written comments on the proposed
rule. They may also object by attending the public hearing and
personally voice their objections during that time.
Comments may be submitted to: Megan Lamphere, Division
of Health Service Regulation, 2708 Mail Service Center,
Raleigh, NC 27699-2708; fax (919) 733-9379; email
DHSR.RulesCoordinator@dhhs.nc.gov
Comment period ends: April 2, 2012
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
Local funds affected
Date submitted to OSBM:
Substantial economic impact (≥$500,000)
Approved by OSBM
No fiscal note required
CHAPTER 13 - NC MEDICAL CARE COMMISSION
SUBCHAPTER 13D - RULES FOR THE LICENSING OF
NURSING HOMES
SECTION .2100 - LICENSURE
10A NCAC 13D .2101 APPLICATION
REQUIREMENTS
(a) An A legal entity shall submit an application for licensure
for a new facility shall be submitted to the Nursing Home
Licensure and Certification Section of the Division of Health
Service Regulation at least 30 days prior to a license being
issued or patients admitted.
(b) The application shall contain the following:
(1) legal identity of applicant (licensee) and
mailing address;
(2) name or names under which the facility is
presented to the public;
(3) location and mailing address of facility;
(4) ownership disclosure;
(5) accreditation data;
(6)(5) bed complement;
(7)(6) magnitude and scope of services offered;
(8)(7) name and current license number of the
administrator; and
(9)(8) name and current license number of the
director of nursing. nursing; and
(9) name and current license number of the
medical director.
Authority G.S. 131E-102; 131E-104.
PROPOSED RULES
26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1078
10A NCAC 13D .2110 PUBLIC ACCESS TO
DEPARTMENT LICENSURE RECORDS
(a) All Department files pertaining to the licensure of any
facility under this Subchapter shall be open for inspection by any
member of the public during normal business hours. The
Department shall have an opportunity to ensure that none of the
information identified in Paragraph (b) of this Rule will be
disclosed during the inspection. Except for information
identified in Paragraph (b) of this Rule, any member of the
public may obtain copies of any information contained in the
Department licensure files in accordance with Division of Health
Service Regulation Directive 30, Publication Guidelines, which
is incorporated by reference, including subsequent amendments.
A copy of the directive may be obtained, without charge, from
the Licensure and Certification Section, Division of Health
Service Regulation, 2711 Mail Service Center, Raleigh, NC
27699-2711.
(b) Unless disclosure is ordered by a court of competent
jurisdiction, the following classes of information shall not be
disclosed to members of the public:
(1) information about the diagnosis, prognosis,
treatment, or any other confidential medical
information under G.S. 8-53, regarding a
named person, unless that person consents in
writing to the disclosure;
(2) the name of any person who provided
information concerning a facility licensed
under this Subchapter, or registered a
complaint about the treatment of a patient
unless that person consents to the disclosure;
(3) information identifying any person as a
recipient of public assistance or social
services, unless that person consents to the
disclosure; and
(4) any confidential communication between the
attorney for the Department and the
Department.
(c) When documents in the file contain only confidential
information of the types identified in Paragraph (b) of this Rule,
then they shall be removed from the file before inspection. If a
document contains both information of those types identified in
Paragraph (b) of this Rule and non-confidential information,
then the Department will provide for inspection a copy of the
document from which the confidential information is deleted, in
lieu of the original document.
Authority G.S. 8-53; 108A-80; 131E-104; 131E-124(c); 132-1.1.
SECTION .2200 - GENERAL STANDARDS OF
ADMINISTRATION
10A NCAC 13D .2209 INFECTION CONTROL
(a) The A facility shall establish and maintain an infection
control program for the purpose of providing a safe, clean and
comfortable environment and preventing the transmission of
diseases and infection.
(b) Under the infection control program, the facility shall decide
what procedures, such as isolation techniques, are needed for
individual patients, investigate episodes of infection and attempt
to control and prevent infections in the facility.
(c) The facility shall maintain records of infections and of the
corrective actions taken.
(d) The facility shall ensure communicable disease screening,
testing including tuberculosis, as required by 10A NCAC 41A,
"Communicable Disease Control" which is incorporated by
reference, including subsequent amendments. Copies of these
Rules may be obtained at no charge by contacting the N.C.
Department of Health and Human Services, Division of Public
Health, Tuberculosis Control Branch, 1902 Mail Service Center,
Raleigh, North Carolina 27699-1902. Screening shall be done
upon prior to admission of all patients being admitted from
settings other than hospitals, nursing facilities or combination
facilities; facilities. prior to or upon admission for all patients
admitted from hospitals, nursing facilities and combination
facilities; and Staff shall be screened within seven days upon the
hiring of all staff. of the hire date. The facility shall ensure
tuberculosis screening annually thereafter for patients and staff
staff. as required by 10A NCAC 41A, "Communicable Disease
Control" which is incorporated by reference, including
subsequent amendments. Copies of these Rules may be obtained
at no charge by contacting the N.C. Department of Health and
Human Services, Division of Public Health, Tuberculosis
Control Branch, 1902 Mail Service Center, Raleigh, North
Carolina 27699-1902. Identification of a communicable disease
does not, in all cases, in and of itself, preclude admission to the
facility.
(e) All cases of reportable disease as defined by 10A NCAC
41A "Communicable Disease Control" and epidemic outbreaks,
and poisonings outbreaks consisting of two or more linked cases
of disease transmission shall be reported immediately to the
local health department.
(f) The facility shall isolate use isolation precautions for any
patient deemed appropriate by the its infection control program.
program and as recommended by the following Centers for
Disease Control guidelines, Management of Multidrug-Resistant
Organisms In Healthcare Settings, 2006,
http://www.cdc.gov/ncidod/dhqp/pdf/ar/MDROGuideline2006.p
df and 2007 Guideline for Isolation Precautions: Preventing
Transmission of Infectious Agents in Healthcare Settings,
http://www.cdc.gov/hicpac/2007ip/2007isolationprecautions.htm
l.
(g) The facility shall prohibit any employee with a
communicable disease or infected skin lesion from direct contact
with patients or their food, if direct contact is the mode of
transmission of the disease.
(h) The facility shall require all staff to use good hand washing
technique as indicated in the Centers for Disease Control and
Prevention "Guidelines for Hand Washing in Hospital
Environmental Control," as published by the U.S. Department of
Health and Human Services, Public Health Service which is
incorporated by reference, including subsequent amendments.
Copies may be purchased from the National Technical
Information Service, U.S. Department of Commerce, 5285 Port
Royal Road, Springfield , Virginia, 22161 for fifteen dollars and
95 cents ($15.95). Control, "Guideline for Hand Hygiene in
Health-Care Settings, Recommendations of the Healthcare
Infection Control Practices Advisory Committee and the
PROPOSED RULES
26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1079
HICPAC/SHEA/APIC/IDSA Hand Hygiene Task Force." This
information can be accessed at
http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5116a1.htm.
(i) All linen shall be handled, store, processed and transported
so as to prevent the spread of infection.
Authority G.S. 131E-104; 131E-113.
SECTION .2300 - PATIENT AND RESIDENT CARE AND
SERVICES
10A NCAC 13D .2304 NURSE AIDES
(a) The A facility shall employ or contract individuals as nurse
aides in compliance with N.C. General Statute 131E, Article 15
and facilities certified for Medicare or Medicaid participation
shall also comply with 42 CFR Part 483 which is incorporated
by reference, including subsequent amendments. Copies of the
The Code of Federal Regulations may be purchased from the
Superintendent of Documents, U.S. Government Printing Office,
P.O. Box 371954, Pittsburgh, PA 15202-7954 for thirty eight
dollars ($38.00) and may be purchased with a credit card by a
direct telephone call to the G.P.O. at (202) 512-1800. accessed at
http://www.access.gpo.gov/nara/cfr/waisidx_08/42cfr483_08.
(b) The A facility shall provide to the Department, upon request,
verification of in-service training and of past or present
employment of any nurse aide employed by the facility.
Authority G.S. 131E-104; 131E-255; 143B-165; 42 U.S.C. 1395;
42 U.S.C. 1396.
10A NCAC 13D .2308 ADULT CARE HOME
PERSONNEL REQUIREMENTS
(a) The administrator of a combination home shall designate a
person to be in charge of the adult care home residents at all
times. The nurse-in-charge of the nursing facility may also serve
as supervisor-in-charge of the domiciliary beds.
(b) If adult care home beds are located in a separate building or
a separate level of the same building, there shall be a person on
duty in the adult care home portion of the facility at all times.
(c) The facility shall comply with all rules in Subchapter 10A
NCAC 13F, Licensing of Homes for the Aged and Infirm, which
is incorporated by reference, including all subsequent
amendments. Copies of these Rules can be obtained free of
charge from the Division of Health Service Regulation, Adult
Care Licensure Section, 2708 Mail Service Center, Raleigh, NC
27699-2708.
Authority G.S. 131E-104.
SECTION .2600 - PHARMACEUTICAL SERVICES
10A NCAC 13D .2605 DRUG STORAGE AND
DISPOSITION
(a) The pharmacist and director of nursing A facility shall
ensure that drug storage areas are clean, secure, well lighted and
well ventilated; that room temperature is maintained between 59
degrees F. and 86 degrees F.; and that the following conditions
are met:
(1) All drugs shall be maintained under locked
security except when under the immediate or
direct physical supervision of a nurse or
pharmacist.
(2) Drugs requiring refrigeration shall be stored in
a refrigerator containing a thermometer and
capable of maintaining a temperature range of
2 degrees C. to 8 degrees C. (36 degrees F. to
46 degrees F.) Drugs shall not be stored in a
refrigerator containing non-drugs and non-drug
related items, except when stored in a
separate container.
(3) Drugs intended for topical use, except for
ophthalmic, otic and transdermal medications,
shall be stored in a designated an area separate
from the drugs intended for oral and injectable
use.
(4) Drugs that are outdated, discontinued or
deteriorated shall be removed from the facility
within five days.
(b) Upon discontinuation of a drug or upon discharge of a
patient, the remainder of the drug supply shall be disposed of
promptly. according to the facility's policy. If it is reasonably
expected that the patient shall will return to the facility and that
the drug therapy will be resumed, the remaining drug supply
may be held for not more than 30 calendar days after the date of
discharge or discontinuation.
(c) The disposition of drugs shall be in accordance with written
policies and procedures established by the Quality Assurance
Committee.
(d) Destruction of controlled substances shall be in compliance
with Disposal of Unused Controlled Substances From Nursing
Home as described in North Carolina Controlled Substance Act
and Regulations (10A NCAC 26E .0406) 10A NCAC 26E
.0406, which is hereby incorporated by reference including
subsequent amendments. Copies of the rules may be obtained
from the Drug Regulatory Branch, Division of Mental Health,
Developmental Disabilities and Substance Abuse Services, 3016
Mail Service Center, Raleigh, NC 27699-3016 at a cost of
thirteen dollars ($13.00). These Rules can be accessed online at
http://reports.oah.state.nc.us/ncac.asp.
Authority G.S. 131E-104; 131E-117.
10A NCAC 13D .2606 PHARMACEUTICAL RECORDS
(a) The pharmacist A facility shall ensure that accurate records
of the receipt, use and disposition of drugs are maintained and
readily available.
(b) The director of nursing and pharmacist A facility shall
ensure accountability of controlled substances as defined by the
Disposal of Unused Controlled Substances From Nursing Home
as described in North Carolina Controlled Substance Act and
Regulations (10A NCAC 26E .0406) 10A NCAC 26E .0406,
which is hereby incorporated by reference including subsequent
amendments. Copies of the rules may be obtained from the Drug
Regulatory Branch, Division of Mental Health, Developmental
Disabilities and Substance Abuse Services, 3016 Mail Service
Center, Raleigh, NC 27699-3016 at a cost of thirteen dollars
PROPOSED RULES
26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1080
($13.00). These Rules can be accessed online at
http://reports.oah.state.nc.us/ncac.asp.
Authority G.S. 131E-104; 131E-117.
10A NCAC 13D .2607 EMERGENCY DRUGS
(a) The A facility shall maintain a supply of emergency drugs in
compliance with 21 NCAC 46 .1403 10A NCAC 26E .0408
which is hereby incorporated by reference including subsequent
amendments. Copies of the rule may be obtained from the North
Carolina Board of Pharmacy, P.O. Box 459, Carrboro Plaza,
Highway 54 Bypass, Carrboro, North Carolina 27510 at a cost of
eight dollars and forty eight cents ($8.48). This Rule can be
accessed online at http://reports.oah.state.nc.us/ncac.asp.
(b) Emergency drugs shall be stored in a portable container
sealed with an easily breakable closure which cannot be resealed
or reused and shall be readily accessible for use.
(c) Emergency drug kits shall be stored in a secure area locked
storage cabinet or room out of site sight of patients and the
general public. If stored in a locked area the kits shall be
immediately accessible to all licensed nursing personnel.
(d) All emergency drugs and quantity to be maintained shall be
approved by the Quality Assurance Committee. Committee as
defined in 10A NCAC 13D .2212.
(e) If emergency drug items require refrigerated storage, they
shall be stored in a separate sealed container within the
medication refrigerator. The container shall be labeled to
indicate the emergency status of the enclosed drug and sealed as
indicated in Paragraph (b) of this Rule.
(f) An accurate inventory of emergency drugs and supplies shall
be maintained with each emergency drug kit.
(g) The pharmacist A facility shall personally examine the
refrigerated and non-refrigerated emergency drug supply at least
every 90 days and make any necessary changes at that time.
(h) The facility shall have written policies and procedures which
are enforced to ensure that in the event the sealed emergency
drug container is opened and contents utilized, immediate steps
are taken to replace the items used.
(i) The availability of a controlled substance in an emergency
kit shall be in compliance with the North Carolina Controlled
Substances Act and Regulations (10A NCAC 26E) which is
hereby incorporated by reference including subsequent
amendments. Copies of the rules may be obtained from the Drug
Regulatory Branch, Division of Mental Health, Developmental
Disabilities and Substance Abuse Services, 3016 Mail Service
Center, Raleigh, NC 27699-3016 at a cost of thirteen dollars
($13.00). These Rules can be accessed online at
http://reports.oah.state.nc.us/ncac.asp.
Authority G.S. 131E-104; 131E-117.
SECTION .2700 - DIETARY SERVICES
10A NCAC 13D .2701 PROVISION OF NUTRITION
AND DIETETIC SERVICES
(a) The A facility shall ensure that each patient is provided with
a palatable diet that meets his or her daily nutritional and
specialized nutritional needs.
(b) The facility shall designate a person to be known as the
director of food service who shall be responsible for the facility's
dietetic service and for supervision of dietetic service personnel.
If this person is not a dietitian, licensed dietitian/nutritionist or a
registered dietitian with the Commission on Dietetic
Registration, he or she shall meet the criteria for membership in
the Dietary Managers Association which is hereby incorporated
by reference including subsequent amendments and editions.
Copies of criteria may be obtained from the Dietary Managers
Association, 406 Surry Woods Drive, St. Charles , IL 60174 at
no cost. or it can be accessed online at www.DMAonline.org. If
the course has not been completed, this person shall be enrolled
in a course and making satisfactory progress for completion
within the time limit specified by course requirements. a
Certified Dietary Manager who is certified by the Certifying
Board of the Dietary Managers, Dietetic Technician Registered,
who is registered by the Commission on Dietetic Registration of
the American Dietetic Association, or an individual who has met
the academic requirements as referenced in G.S. 90-357(3)b.1.,
c.1. and d., then the person shall enroll in a course of study to
obtain these qualifications and make satisfactory progress for
completion within the time limit specified by course
requirements.
(c) If the food service supervisor is not a dietitian, the facility
shall employ a licensed dietitian/nutritionist dietitian on at least a
consultant basis. The consultant shall submit written reports of
clinical and food service operation recommendations to the
administrator and food service supervisor.
(d) The dietitian shall spend sufficient time in the facility to
assure the following parameters of nutrition have been addressed
and that recommended successful interventions by the facility
have been met:
(1) An analysis of weight loss or gain;
(2) Laboratory values;
(3) Clinical indicators of malnutrition;
(4) Drug therapy that may contribute to nutritional
deficiencies;
(5) The amount of meal and supplement
consumed to meet nutritional needs;
(6) Increased nutritional needs related to disease
state or deterioration in physical or mental
status, i.e., decubitus, low protein status,
inadequate intake, or nutrition provided via
enteral or parenteral route.
(e) There shall be sufficient dietetic personnel employed
competent to meet the nutritional needs of all patients in the
areas of therapeutic diets, food preparation and service,
principles of sanitation, and resident's rights as related to food
services.
(f) The facility shall ensure that menus are followed which meet
the nutritional needs of patients in accordance with the
recommended dietary allowances of the Food and Nutrition
Board of the National Research Council, National Academy of
Sciences which are incorporated by reference, including
subsequent amendments. Copies of this publication can may be
obtained by contacting The National Academy Press, 2101
Constitution Avenue N.W., Lockbox 285, Washington, D.C.,
20055. 500 Fifth St. N.W., Washington, D.C. 20001 or accessing
it at http://www.nap.edu/catalog.php?record_id=1349. Cost of
PROPOSED RULES
26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1081
this publication is eighteen dollars and ninety five cents ($18.95)
and includes shipping and handling. Menus shall:
(1) be planned at least 14 days in advance,
(2) provide for substitutes of similar nutritive
value for patients who refuse food that is
served, and
(3) be provided to patients orally or written
through such methods as posting, posting and
daily announcements, periodic newsletters,
etc. announcements.
(g) Food must be prepared to conserve its nutritive value and
appearance.
(h) Food shall be served at the preferred temperature as
discerned by the resident and customary practice, in a form to
meet the patient's individual needs and with assistive devices as
dictated by the patient's needs. Hot foods shall leave the kitchen
(or steam table) above 140 135 degrees F; and cold foods below
41 degrees F; F. and freezer temperatures at 0 degrees F or
below. The freezer must keep frozen foods frozen solid.
(i) If patients require assistance in eating, food shall be
maintained at the appropriate temperature until assistance is
provided.
(j) All diets, including enteral and parenteral nutrition therapy,
shall be as ordered by the physician or other legally authorized
person, and served as ordered.
(k) At least three meals shall be served daily to all patients in
accordance with medical orders.
(l) No more than 14 hours shall elapse between an evening meal
containing a protein food and a morning meal containing a
protein food.
(m) Hour-of-sleep (hs) nourishment shall be available to
patients upon request or in accordance with nutritional plans.
(n) Between meal fluids for hydration shall be available and
offered to all patients in accordance with medical orders.
(o) The facility shall have a current online or hard copy
nutrition care manual or handbook approved by the dietitian,
medical staff and the Administrator which shall be used in the
planning of the regular and therapeutic diets and be accessible to
all staff.
(p) Food services shall comply with Rules Governing the
Sanitation of Restaurants and Other Foodhandling
Establishments (15A NCAC 18A .1300) as promulgated by the
Commission for Public Health which is are incorporated by
reference, including subsequent amendments, assuring storage,
preparation, and serving of food under sanitary conditions.
Copies of these Rules can be obtained, at no charge, by
contacting the N.C. Department of Environment and Natural
Resources, Division of Environmental Health Services, 1630
Mail Service Center, Raleigh, NC 27699-1630. accessed online
at http://www.deh.enr.state.nc.us/rules.htm.
Authority G.S. 90-368(4); 131E-104.
TITLE 12 – DEPARTMENT OF JUSTICE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Criminal Justice Education and Training Standards
Commission intends to amend the rules cited as 12 NCAC 09B
.0106, .0203, .0305; 09D .0102, .0202; 09E .0102, .0105; and
09G .0206, .0309, .0311, .0602.
Link to agency website pursuant to G.S. 150B-19.1(c):
http://ncdoj.gov/About-DOJ/Law-Enforcement-Training-and-
Standards/Criminal-Justice-Education-and-Training-
Standards/Forms-and-Publications.aspx
Proposed Effective Date: May 1, 2012
Public Hearing:
Date: February 23, 2012
Time: 1:00 p.m.
Location: Wake Technical Community College, Public Safety
Education Campus, 321 Chapanoke Rd., Raleigh, NC 27603
Reason for Proposed Action:
12 NCAC 09B .0106 – Amended to clarify what constitutes a
passing score on the GED exam.
12 NCAC 09B .0203 – Amended to exempt partial enrollees who
hold general law enforcement certification or who have held
general certification within 12 months prior to the date of
enrollment in a BLET course from being required to take a
reading comprehension exam.
12 NCAC 09B .0305; 09G .0311 – Changes the requirement for
instructors to recertify by removing the requirement for
instructors to teach in an area of specialized instruction when
such area was added to an existing instructor certification with
less than 12 months left until the end of the instructor's
certification period.
12 NCAC 09D .0102, .0202; 09G .0602 – The Commission
wishes to prohibit an officer from receiving an award when the
officer is "subject to suspension or revocation proceedings or
under investigation for possible decertification action by the
Commission, the Company and Campus Police Program, or the
North Carolina Sheriffs' Education and Training Standards
Commission."
12 NCAC 09E .0102, .0105 – The Commission has changed the
required topics for annual In-Service training for law
enforcement officers. The following topics have been removed:
Career Survival: Leadership and Mentoring (4 hours); Juvenile
Minority Sensitivity Training: Interactions, Communications and
Understanding (2 hours); and Domestic Violence: Lesbian, Gay,
Bi-Sexual and Transgender (LGBT) Relationships (2 hours.).
The following topics have been added: Career Survival: Social
Networking and Digital Communications (4 hours); Juvenile
Minority Sensitivity Training: Skills in Building Rapport (2
hours); Awareness of Issues Surrounding Returning Military
Personnel (2 hours).
12 NCAC 09E .0105 – The Criminal Justice Standards Division
has moved and the new physical address has been amended in
the rule.
12 NCAC 09G .0206 – An error was made during the rule
amendment process in 2009 resulting in the inadvertent
omission of one line of text in the rule which stated that
convicted felons could not be certified with the Department of
Correction. The Commission wishes to reinstate the prohibition
for certifying convicted felons.
PROPOSED RULES
26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012
1082
12 NCAC 09G .0309 – Amended to require a probationary
instructor to teach 12 hours instead of 8 hours during the
probationary period. This change is consistent with the
requirement for other criminal justice instructors.
Procedure by which a person can object to the agency on a
proposed rule: The objection, reasons for the objection, and
the clearly identified portion of the rule to which the objection
pertains, must be submitted in writing to Teresa Marrella,
Department of Justice, Criminal Justice Standards Division,
P.O. Drawer 149, Raleigh, NC 27602.
Comments may be submitted to: Teresa Marrella, Criminal
Justice Standards Division, P.O. Drawer 149, Raleigh, NC
27602; phone (919) 661-5980; fax (919) 779-8210; email
tmarrella@ncdoj.gov
Comment period ends: April 2, 2012
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
Local funds affected
Date submitted to OSBM:
Substantial economic impact (≥$500,000)
Approved by OSBM
No fiscal note required
CHAPTER 09 - CRIMINAL JUSTICE EDUCATION AND
TRAINING STANDARDS
SUBCHAPTER 09B - STANDARDS FOR CRIMINAL
JUSTICE EMPLOYMENT: EDUCATION: AND
TRAINING
SECTION .0100 - MINIMUM STANDARDS FOR
CRIMINAL JUSTICE EMPLOYMENT
12 NCAC 09B .0106 DOCUMENTATION OF
EDUCATIONAL REQUIREMENTS
(a) Each applicant for employment as a criminal justice officer
shall furnish to the employing agency documentary evidence
that the applicant has met the educational requirements for the
criminal justice field of expected employment.
(b) Documentary evidence of educational requirements shall
consist of official transcripts of courses completed or diplomas
received from a school which meets the approval guidelines of
either the North Carolina Department of Public Instruction, the
Division of Non-Public Instruction, or comparable out-of-state
agency. The Director of the Standards Division shall determine
whether other types of documentation will be permitted in
specific cases. High school diplomas earned through
correspondence enrollment are not recognized toward these
minimum educational requirements.
(c) Documentary evidence of completion of having passed the
General Educational Development Test shall be satisfied by a
certified copy of GED test results results. showing a total score
of not less than 225 points and a minimum score on any single
test of 35 points. A certified copy of a military GED diploma
may be used as alternate evidence of GED completion.
Authority G.S. 17C-6; 17C-10.
SECTION .0200 - MINIMUM STANDARDS FOR
CRIMINAL JUSTICE SCHOOLS AND CRIMINAL
JUSTICE TRAINING PROGRAMS OR COURSES OF
INSTRUCTION
12 NCAC 09B .0203 ADMISSION OF TRAINEES
(a) The school director shall not admit any individual as a
trainee in a presentation of the Basic Law Enforcement Training
Course who is not a citizen of the United States.
(b) The school shall not admit any individual younger than 20
years of age as a trainee in any non-academic basic criminal
justice training course. Individuals under 20 years of age may
be granted authorization for early enrollment as trainees in a
presentation of the Basic Law Enforcement Training Course
with prior written approval from the Director of the Standards
Division. The Director shall approve early enrollment as long as
the individual turns 20 years of age prior to the date of the State
Comprehensive Examination for the course.
(c) The school shall give priority admission in certified criminal
justice training courses to individuals holding full-time
employment with criminal justice agencies.
(d) The school shall not admit any individual as a trainee in a
presentation of the "Criminal Justice Instructor Training Course"
who does not meet the education and experience requirements
for instructor certification under Rule .0302(1) of this
Subchapter within 60 days of successful completion of the
Instructor Training State Comprehensive Examination.
(e) The school shall not admit an individual, including partial or
limited enrollees, as a trainee in a presentation of the Basic Law
Enforcement Training Course unless the individual has taken the
reading component of a nationally standardized test within one
year prior to admission to Basic Law Enforcement Training and
has scored at or above the tenth grade level, or the equivalent. A
nationally standardized test is a test that:
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(1) For the purpose of this Rule, partial or limited
enrollee does not include enrollees who
currently hold general certification or who
have held general certification within 12
months prior to the date of enrollment.
(2) A nationally standardized test is a test that:
(1)(A) reports scores as national percentiles,
stanines or grade equivalents; and
(2)(B) compares student test results to a
national norm.
(f) The school shall not admit any individual as a trainee in a
presentation of the Basic Law Enforcement Training Course
unless as a prerequisite the individual has provided to the School
Director a medical examination report, completed by a physician
licensed to practice medicine in North Carolina, a physician's
assistant, or a nurse practitioner, to determine the individual's
fitness to perform the essential job functions of a criminal justice
officer. The Director of the Standards Division shall grant an
exception to this standard for a period of time not to exceed the
commencement of the physical fitness topical area when failure
to timely receive the medical examination report is not due to
neglect on the part of the trainee.
(g) The school shall not admit any individual as a trainee in a
presentation of the Basic Law Enforcement Training Course
unless as a prerequisite the individual is a high school graduate
or has passed the General Educational Development Test
indicating high school equivalency. High school diplomas
earned through correspondence enrollment are not recognized
toward the educational requirements.
(h) The school shall not admit any individual trainee in a
presentation of the Basic Law Enforcement Training Course
unless as a prerequisite the individual has provided the certified
School Director a certified criminal record check for local and
state records for the time period since the trainee has become an
adult and from all locations where the trainee has resided since
becoming an adult. An Administrative Office of the Courts
criminal record check or a comparable out-of-state criminal
record check will satisfy this requirement.
(i) The school shall not admit any individual as a trainee in a
presentation of the Basic Law Enforcement Training Course
who has been convicted of the following:
(1) a felony;
(2) a crime for which the punishment could have
been imprisonment for more than two years;
(3) a crime or unlawful act defined as a "Class B
Misdemeanor" within the five year period
prior to the date of application for employment
unless the individual intends to seek
certification through the North Carolina
Sheriffs' Education and Training Standards
Commission;
(4) four or more crimes or unlawful acts as
defined as "Class B Misdemeanors" regardless
of the date of conviction;
(5) four or more crimes or unlawful acts defined
as "Class A Misdemeanors" except the trainee
may be enrolled if the last conviction occurred
more than two years prior to the date of
enrollment;
(6) a combination of four or more "Class A
Misdemeanors" or "Class B Misdemeanors"
regardless of the date of conviction unless the
individual intends to seek certification through
the North Carolina Criminal Justice Education
and Training Standards Commission.
(j) Individuals charged with crimes as specified in Paragraph (i)
of this Rule, and such offenses were dismissed or the person was
found not guilty, may be admitted into the Basic Law
Enforcement Training Course but completion of the Basic Law
Enforcement Training Course does not ensure that certification
as a law enforcement officer or justice officer through the North
Carolina Criminal Justice Education and Training Standards
Commission will be issued. Every individual who is admitted as
a trainee in a presentation of the Basic Law Enforcement
Training Course shall notify the School Director of all criminal
offenses which the trainee is arrested for or charged with, pleads
no contest to, pleads guilty to or is found guilty of, and notify the
School Director of all Domestic Violence Orders (G.S. 50B)
which are issued by a judicial official that provide an
opportunity for both parties to be present. This includes all
criminal offenses except minor traffic offenses and specifically
includes any offense of Driving Under the Influence (DUI) or
Driving While Impaired (DWI). A minor traffic offense is
defined, for the purposes of this Paragraph, as an offense where
the maximum punishment allowable by law is 60 days or less.
Other offenses under G.S. 20 (Motor Vehicles) or other similar
laws of other jurisdictions which shall be reported to the School
Director include G.S. 20-139 (persons under influence of drugs),
G.S. 20-28 (driving while license permanently revoked or
permanently suspended), G.S. 20-30(5) (fictitious name or
address in application for license or learner's permit), G.S. 20-
37.8 (fraudulent use of a fictitious name for a special
identification card), G.S. 20-102.1 (false report of theft or
conversion of a motor vehicle), G.S. 20-111(5) (fictitious name
or address in application for registration), G.S. 20-130.1
(unlawful use of red or blue lights), G.S. 20-137.2 (operation of
vehicles resembling law enforcement vehicles), G.S. 20-141.3
(unlawful racing on streets and highways), G.S. 20-141.5
(speeding to elude arrest), and G.S. 20-166 (duty to stop in event
of accident). The notifications required under this Paragraph
must be in writing, must specify the nature of the offense, the
court in which the case was handled, the date of the arrest or
criminal charge, the date of issuance of the Domestic Violence
Order (G.S. 50B), the final disposition, and the date thereof.
The notifications required under this Paragraph must be received
by the School Director within 30 days of the date the case was
disposed of in court. The requirements of this Paragraph are
applicable at all times during which the trainee is enrolled in a
Basic Law Enforcement Training Course. The requirements of
this Paragraph are in addition to the notifications required under
12 NCAC 10B .0301 and 12 NCAC 09B .0101(8).
Authority G.S. 17C-6; 17C-10.
SECTION .0300 - MINIMUM STANDARDS FOR
CRIMINAL JUSTICE INSTRUCTORS
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12 NCAC 09B .0305 TERMS AND CONDITIONS OF
SPECIALIZED INSTRUCTOR CERTIFICATION
(a) An applicant meeting the requirements for Specialized
Instructor Certification shall be issued a certification to run
concurrently with the existing General Instructor Certification,
except as set out in (d). The applicant must apply for
certification as a specialized instructor within 60 days from the
date of completion of a specialized instructor course.
(b) The terms of certification as a specialized instructor is
determined by the expiration date of the existing General
Instructor Certification. The following requirements apply
during the initial period of certification:
(1) where certification for both general
probationary instructor and Specialized
Instructor Certification is issued on the same
date, the instructor is required to satisfy the
teaching requirement for only the general
probationary instructor certification. The
instructor may satisfy the teaching requirement
for the general probationary instructor
certification by teaching any specialized topic
for which certification has been issued;
(2) when Specialized Instructor Certification is
issued during an existing period of General
Instructor Certification, either probationary
status or full general status, the specialized
instructor may satisfy the teaching requirement
for the general certification by teaching the
specialized subject for which certification has
been issued;
(3) where Specialized Instructor Certification
becomes concurrent with an existing 36 month
period of General Instructor Certification, and
there are 12 months or more until the
certification expiration date, the instructor
must teach 12 hours for each specialized topic
for which certification has been issued;
(4) where Specialized Instructor Certification
becomes concurrent with an existing 36 month
period of General Instructor Certification, and
there are less than 12 months until the
certification expiration date, the instructor is
not required to teach any hours for the
specialized subject.
(c) The term of certification as a specialized instructor shall not
exceed the 36 month period of full General Instructor
Certification. The application for renewal shall contain, in
addition to the requirements listed in Rule .0304 of this Section,
documentary evidence that the applicant has remained active in
the instructional process during the previous three-year period.
Such documentary evidence shall include the following:
(1) proof that the applicant has, within the three
year period preceding application for renewal,
instructed at least 12 hours in each of the
topics for which Specialized Instructor
Certification was granted and such instruction
must be in a Commission-accredited training
course or a Commission-recognized in-service
training course. Acceptable documentary
evidence shall include official Commission
records submitted by School Directors or in-service
training coordinators and written
certification from a School Director or in-service
training coordinator; and
(2) proof that the applicant has, within the three
year period preceding application for renewal,
attended and successfully completed any
instructor updates that have been issued by the
Commission. Acceptable documentary
evidence shall include official Commission
records submitted by School Directors or In-
Service Training Coordinators, or copies of
certificates of completion issued by the
institution which provided the instructor
updates; and
(3) either:
(A) a favorable written recommendation
from a School Director or In-Service
Training Coordinator completed on a
Commission Renewal of Instructor
and Professional Lecturer
Certification Form that the instructor
successfully taught at least 12 hours
in each of the topics for which
Specialized Instructor Certification
was granted. Such teaching must
have occurred in a Commission-certified
training course or a
Commission-recognized in-service
training course during the three year
period of Specialized Instructor
Certification; or
(B) a favorable evaluation by a
Commission or staff member, based
on an on-site classroom evaluation of
a presentation by the instructor in a
Commission-certified training course
or a Commission-recognized in-service
training course, during the
three-year period of Specialized
Instructor Certification. Such
evaluation shall be certified on a
Commission Instructor Evaluation
Form. In addition, instructors
evaluated by a Commission or staff
member must also teach at least 12
hours in each of the topics for which
Specialized Instructor Certification
was granted.
Upon submission of the required
documentation for renewal the Commission
staff shall renew the certification as a
Specialized Instructor. Such renewal shall
occur at the time of renewal of the General
Instructor certification.
(d) Certification as a specialized instructor in the First
Responder, Physical Fitness, Explosive and Hazardous
Materials, and Juvenile Justice Medical Emergencies topical
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areas as outlined in Rule .0304(d)(1), (g)(2), (i)(1), and (j)(1) of
this Section, specifically those certifications not based upon
General Instructor Certification, shall remain in effect for 36
months from the date of issuance. During the 36 month term all
non-Commission certificates required in Rule .0304(d)(1),
(g)(2), (i)(1), and (j)(1) for specialized instructor certification in
the First Responder, Physical Fitness, Explosive and Hazardous
Materials, and Juvenile Justice Medical Emergencies topical
areas must be maintained.
(e) All instructors shall remain active during their period of
certification. If an instructor does not teach at least 12 hours in
each of the topic areas for which certification is granted, the
certification shall not be renewed for those topics in which the
instructor failed to teach. Any specialized instructor training
courses previously accepted by the Commission for purposes of
certification shall no longer be recognized if the instructor does
not teach at least 12 hours in each of the specialized topics
during the three year period for which certification was granted.
Upon application for re-certification, such applicants shall meet
the requirements of Rule .0304 of this Section.
(f) The use of guest participants in a delivery of the "Basic Law
Enforcement Training Course" is permissible. However, such
guest participants are subject to the direct on-site supervision of
a Commission-certified instructor and must be authorized by the
School Director. A guest participant shall only be used to
complement the primary certified instructor of the block of
instruction and shall in no way replace the primary instructor.
Authority G.S. 17C-6.
SUBCHAPTER 09D – PROFESSIONAL CERTIFICATE
PROGRAMS
SECTION .0100 - LAW ENFORCEMENT OFFICERS'
PROFESSIONAL CERTIFICATE PROGRAM
12 NCAC 09D .0102 GENERAL PROVISIONS
(a) In order to be eligible for one or more of the professional
awards, an officer shall first meet the following preliminary
qualifications:
(1) The officer shall presently hold general law
enforcement officer certification. A person
serving under a probationary certification is
not eligible for consideration. An officer
subject to suspension or revocation
proceedings or under investigation for possible
decertification action by the Commission, the
Company and Campus Police Program, or the
North Carolina Sheriffs' Education and
Training Standards Commission shall not be
eligible for professional awards for the
pendency of the proceeding.
(2) The officer shall be familiar with and
subscribe to the Law Enforcement Code of
Ethics.
(3) The officer shall be a full-time, sworn, paid
member of a law enforcement agency within
the state.
(4) Applicants shall be given credit for the
satisfactory completion of all in-service law
enforcement training which is not mandated by
the Commission pursuant to 12 NCAC 09E
.0102.
(5) Applicants shall not be given credit for the
satisfactory completion of Commission-mandated
Basic Law Enforcement Training
courses.
(6) Full-time, paid employees of a law
enforcement agency within the State who have
successfully completed a Commission-accredited
law enforcement officer basic
training program and have previously held
general law enforcement officer certification
as specified in 12 NCAC 09D .0102(a)(1), but
are presently, by virtue of promotion or
transfer, serving in non sworn positions not
subject to certification are eligible to
participate in the professional certificate
program. Eligibility for this exception
requires continuous employment with the law
enforcement agency from the date of
promotion or transfer from a sworn, certified
position to the date of application for a
professional certificate.
(b) Awards are based upon a formula which combines formal
education, law enforcement training, and actual experience as a
law enforcement officer. Points are computed in the following
manner:
(1) Each semester hour of college credit shall
equal one point and each quarter hour shall
equal two-thirds of a point;
(2) Twenty classroom hours of Commission-approved
law enforcement training shall equal
one point;
(3) Only experience as a full-time, sworn, paid
member of a law enforcement agency or
equivalent experience shall be acceptable for
consideration.
Authority G.S. 17C-6.
SECTION .0200 - CRIMINAL JUSTICE OFFICERS'
PROFESSIONAL CERTIFICATE PROGRAM
12 NCAC 09D .0202 GENERAL PROVISIONS
(a) The officer shall presently hold general criminal justice
officer certification. A person serving under a probationary
certification is not eligible for consideration. An officer subject
to suspension or revocation proceedings or under investigation
for possible decertification action by the Commission, the
Company and Campus Police Program, or the North Carolina
Sheriffs' Education and Training Standards Commission shall
not be eligible for professional awards for the pendency of the
proceeding.
(b) The officer shall hold general certification with the
Commission in the category of state youth services officer.
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(c) The officer shall be a permanent, paid member of a criminal
justice agency within the State.
(d) Permanent, paid employees of the Department of Juvenile
Justice and Delinquency Prevention, who have successfully
completed a Commission-accredited criminal justice officer
basic training program and have previously held general
certification as specified in 12 NCAC 09D .0202(a)(1) and 12
NCAC 09D .0202(a)(2), but are presently, by virtue of
promotion or transfer, serving in positions not subject to
certification are eligible to participate in the professional
certificate program. Eligibility for this exception requires
continuous employment with the Department of Juvenile Justice
and Delinquency Prevention from the date of promotion or
transfer from a certified position to the date of application for a
professional certificate.
(e) Each semester hour of college credit shall equal one point
and each quarter hour shall equal two-thirds of a point;
(f) Twenty classroom hours of Commission-approved criminal
justice training shall equal one point;
(g) Only experience as a permanent, paid member of a criminal
justice agency or the equivalent experience as determined by the
Commission shall be acceptable of consideration.
(c) Separate sub-programs will be administered as follows: The
Youth Services Certificate is appropriate for permanent, paid
state youth services officers employed by the Department of
Juvenile Justice and Delinquency Prevention.
Authority G.S. 17C-6.
SUBCHAPTER 09E – IN-SERVICE TRAINING
PROGRAMS
SECTION .0100 - LAW ENFORCEMENT OFFICER'S IN-SERVICE
TRAINING PROGRAM
12 NCAC 09E .0102 REQUIRED ANNUAL IN-SERVICE
TRAINING TOPICS
The following topical areas are hereby established as minimum
topics and hours to be included in the law enforcement officers'
annual in-service training program:
(1) Firearms Training and Qualification (4);
(2) Legal Update (4);
(3) Career Survival: Leadership and Mentoring
Social Networking and Digital
Communications (4);
(4) Juvenile Minority Sensitivity Training:
Interactions, Communications and
Understanding Interaction Skills in Building
Rapport (2);
(5) Domestic Violence: Lesbian, Gay, Bi-Sexual
and Transgender (LGBT) Relationships
Awareness of Issues Surrounding Returning
Military Personnel (2); and
(6) Department Topics of Choice (8).
Authority G.S. 17C-6; 17C-10.
12 NCAC 09E .0105 MINIMUM TRAINING
SPECIFICATIONS: ANNUAL IN-SERVICE TRAINING
(a) The following specifications shall be incorporated in each
law enforcement agency's annual in-service training courses:
(1) Firearms:
(A) Use of Force: review the authority to
use deadly force [G.S. 15A-
401(d)(2)] including the relevant case
law and materials;
(B) Safety:
(i) range rules and regulations;
(ii) handling of a firearm; and
(iii) malfunctions;
(C) Review of Basic Marksmanship
Fundamentals:
(i) grip, stance, breath control
and trigger squeeze;
(ii) sight and alignment/sight
picture; and
(iii) nomenclature; and
(2) Legal Update (4);
(3) Career Survival: Leadership and Mentoring
Social Networking and Digital
Communications (4);
(4) Juvenile Minority Sensitivity Training:
Interactions, Communications and
Understanding Interaction Skills in Building
Rapport (2);
(5) Domestic Violence: Lesbian, Gay, Bi-Sexual
and Transgender (LGBT) Relationships
Awareness of Issues Surrounding Returning
Military Personnel (2); and
(6) Department Topics of Choice (8).
(b) The "Specialized Firearms Instructor Training Manual" as
published by the North Carolina Justice Academy shall be
applied as a guide for conducting the annual in-service firearms
training program. Copies of this publication may be inspected at
the office of the agency:
Criminal Justice Standards Division
North Carolina Department of Justice
114 West Edenton Street 1700 Tryon Park Drive
Old Education Building
Post Office Drawer 149
Raleigh, North Carolina 27602 27610
(c) The In-Service Lesson Plans as published by the North
Carolina Justice Academy shall be applied as a minimum
curriculum for conducting the annual in-service training
program. Copies of this publication may be inspected at the
office of the agency:
Criminal Justice Standards Division
North Carolina Department of Justice
114 West Edenton Street 1700 Tryon Park Drive
Old Education Building
Post Office Drawer 149
Raleigh, North Carolina 27602 27610
and may be obtained at cost from the Academy at the following
address:
North Carolina Justice Academy
Post Office Drawer 99
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Salemburg, North Carolina 28385
Authority G.S. 17C-6; 17C-10.
SUBCHAPTER 09G - STANDARDS FOR CORRECTIONS
EMPLOYMENT, TRAINING, AND CERTIFICATION
SECTION .0200 - MINIMUM STANDARDS FOR
CERTIFICATION OF CORRECTIONAL OFFICERS,
PROBATION/PAROLE OFFICERS, AND
PROBATION/PAROLE OFFICERS-SURVEILLANCE
12 NCAC 09G .0206 MORAL CHARACTER
Every person employed as a correctional officer,
probation/parole officer, or probation/parole officer-intermediate
by the North Carolina Department of Correction shall
demonstrate good moral character as evidenced by, but not
limited to:
(1) not having been convicted of a felony;
(1)(2) not having been convicted of a misdemeanor
as defined in 12 NCAC 09G .0102(9) for three
years or the completion of any corrections
supervision imposed by the courts whichever
is later;
(2)(3) not having been convicted of an offense that,
under 18 USC 922(g)(8), 922,would prohibit
the possession of a firearm or ammunition;
(3)(4) having submitted to and produced a negative
result on a drug test within 60 days of
employment or any in-service drug screening
required by the Department of Correction
which meets the certification standards of the
Department of Health and Human Services for
Federal Workplace Drug Testing Programs,
copies of which may be obtained from
National Institute on Drug Abuse, 5600 Fisher
Lane, Rockville, Maryland 20857 at no cost, to
detect the illegal use of at least cannabis,
cocaine, phencyclidine (PCP), opiates and
amphetamines or their metabolites;
(4)(5) submitting to a background investigation
consisting of:
(a) verification of age;
(b) verification of education; and
(c) criminal history check of local, state,
and national files; and
(5)(6) being truthful in providing all required
information as prescribed by the application
process.
Authority G.S. 17C-6; 17C-10.
SECTION .0300 - CERTIFICATION OF
CORRECTIONAL OFFICERS, PROBATION/PAROLE
OFFICERS, PROBATION/PAROLE OFFICERS-INTERMEDIATE,
AND INSTRUCTORS
12 NCAC 09G .0309 TERMS AND CONDITIONS OF
GENERAL INSTRUCTOR CERTIFICATION
(a) An applicant meeting the requirements for certification as a
general instructor shall, for the first 12 months of certification,
be in a probationary status. The General Instructor Certification,
Probationary Status, shall automatically expire 12 months from
the date of issuance.
(b) The probationary instructor shall be eligible for full general
instructor status if the instructor, through application at the end
of the probationary period, submits to the Commission:
(1) a favorable recommendation from a School
Director accompanied by certification on a
Commission Instructor Evaluation Form that
the instructor successfully taught a minimum
of eight twelve hours in a Commission-certified
course or a Commission-recognized
in-service training course during the
probationary year. The results of the student
evaluation of the instructor must be considered
by the School Director when determining
recommendation; or
(2) a written evaluation by a staff member, based
on an on-site classroom evaluation of the
probationary instructor in a Commission-certified
course or a Commission-recognized
in-service training course. Such evaluation
shall be certified on a Commission Instructor
Evaluation Form. In addition, instructors
evaluated by a staff member must also teach a
minimum of eight 12 hours in a Commission-certified
training course or a Commission-recognized
in-service training course.
(c) The term of certification as a general instructor is three years
from the date the Commission issues the certification. The
certification may subsequently be renewed by the Commission
for three year periods. The application for renewal shall contain,
in addition to the requirements listed in 12 NCAC 09G .0308
documentary evidence indicating that the applicant has remained
active in the instructional process during the previous three year
period. Such documentary evidence shall include, at a
minimum, the following:
(1) proof that the applicant has, within the three
year period preceding application for renewal,
instructed a minimum of 12 hours in a
Commission-certified training course or a
Commission-recognized in-service training
course; and
(2) either:
(A) a favorable written recommendation
from a School Director accompanied
by certification on a Commission
Instructor Evaluation Form that the
instructor successfully taught a
minimum of twelve hours in a
Commission-certified training course
or a Commission-recognized in-service
training course during the
three year period of general
certification; or
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(B) a written evaluation by a staff
member, based on an on-site
classroom evaluation of a
presentation by the instructor in a
Commission-certified training course
or a Commission-recognized in-service
training course, during the
three year period of General
Instructor Certification.
(d) If an instructor does not teach a minimum of 12 hours during
the period of certification, the certification shall not be renewed,
and the instructor shall file application for General Instructor
Certification, Probationary Status. Such applicants shall be
required to meet the minimum requirements of 12 NCAC 09G
.0308 of this Section.
(e) All instructors shall have 90 days from the date of the
expiration of their instructor certification to submit an
application for renewal along with documentation of having met
the minimum requirements of Paragraph (c) of this Rule during
the previous certification period. The prescribed 90 day period
shall not extend the instructor certification period beyond its
specified expiration period. If the renewal application is not
submitted within 90 days from the expiration of the previous
certification, the applicant will be required to meet the minimum
requirements for general instructor certification as specified in
Rule .0302 of this Section.
Authority G.S. 17C-6.
12 NCAC 09G .0311 TERMS AND CONDITIONS OF
SPECIALIZED INSTRUCTOR CERTIFICATION
(a) An applicant meeting the requirements for Specialized
Instructor Certification shall be issued a certification to run
concurrently with the existing General Instructor Certification.
The applicant must apply for certification as a specialized
instructor within 60 days from the date of completion of a
specialized instructor course.
(b) The terms of certification as a specialized instructor shall be
determined by the expiration date of the existing General
Instructor Certification. The following requirements shall apply
during the initial period of certification:
(1) where certification for both general
probationary instructor and Specialized
Instructor Certification is issued on the same
date, the instructor shall only be required to
satisfy the teaching requirement for the general
probationary instructor certification. The
instructor may satisfy the teaching requirement
for the general probationary instructor
certification by teaching any specialized topic
for which certification has been issued;
(2) when Specialized Instructor Certification is
issued during an existing period of General
Instructor Certification, either probationary
status or full general status, the specialized
instructor may satisfy the teaching requirement
for the General Certification by teaching the
specialized subject for which certification has
been issued; and
(3) where Specialized Instructor Certification
becomes concurrent with an existing 36 month
period of General Instructor Certification, and
there are 12 months or more until the
certification expiration date, the instructor
must teach 12 hours for each specialized topic
for which certification has been issued;
(4) where Specialized Instructor Certification
becomes concurrent with an existing 36 month
period of General Instructor Certification, and
there are less than 12 months until the
certification expiration date, the instructor is
not required to teach any hours for the
specialized subject.
(c) The term of certification as a specialized instructor shall not
exceed the 36 month period of full General Instructor
Certification. The certification may subsequently be renewed by
the Commission at the time of renewal of the full General
Instructor Certification. The application for renewal shall
contain, in addition to the requirements listed in 12 NCAC 09G
.0310 of this Section, documentary evidence that the applicant
has remained active in the instructional process during the
previous three year period. Such documentary evidence shall
include the following:
(1) proof that the applicant has, within the three
year period preceding application for renewal,
instructed at least 12 hours in each of the
topics for which Specialized Instructor
Certification was granted and such instruction
must be in a Commission-certified training
course or a Commission-recognized in-service
training course. Acceptable documentary
evidence shall include official Commission
records submitted by School Directors and
written certification from a School Director;
and
(2) either:
(A) a favorable written recommendation
from a School Director accompanied
by certification that the instructor
successfully taught at least 12 hours
in each of the topics for which
Specialized Instructor Certification
was granted. Such teaching must
have occurred in a Commission-certified
training course or a
Commission-recognized in-service
training course during the three year
period of Specialized Instructor
Certification; or
(B) a written evaluation by a staff
member, based on an on-site
classroom evaluation of a
presentation by the instructor in a
Commission-certified training course
or a Commission-recognized in-service
training course, during the
three year period of Specialized
Instructor Certification.
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(d) If an instructor does not teach at least 12 hours in each of the
topic areas for which certification is granted, the certification
shall not be renewed for those topics in which the instructor
failed to successfully teach. Any specialized instructor training
courses previously accepted by the Commission for purposes of
certification shall no longer be recognized if the instructor does
not successfully teach at least eight hours in each of the
specialized topics during the three year period for which
certification was granted. Upon application for re-certification,
such applicants shall be required to meet the requirements of 12
NCAC 09G .0310.
Authority G.S. 17C-6.
SECTION .0600 - PROFESSIONAL CERTIFICATE
PROGRAM
12 NCAC 09G .0602 GENERAL PROVISIONS
(a) In order to be eligible for one or more of the professional
awards, an officer shall first meet the following preliminary
qualifications, except as provided for in 12 NCAC 09G
.0602(a)(4):
(1) The officer shall presently hold general
corrections officer certification. A person
serving under a probationary certification is
not eligible for consideration. An officer
subject to suspension or revocation
proceedings or under investigation for possible
decertification action by the Commission, the
Company and Campus Police Program, or the
North Carolina Sheriffs' Education and
Training Standards Commission shall not be
eligible for professional awards for the
pendency of the proceeding.
(2) The officer shall hold general certification
with the Commission in one of the following
categories:
(A) correctional officer;
(B) probation/parole officer; or
(C) probation/parole officer-intermediate.
(3) The officer shall be a permanent, full-time,
paid employee of the North Carolina
Department of Correction.
(4) Permanent, paid employees of the Department
of Correction who have successfully
completed a Commission-accredited
Commission-certified corrections officer basic
training program and have previously held
general certification as specified in 12 NCAC
09G .0602(a)(1) and 12 NCAC 09G
.0602(a)(2), but are presently, by virtue of
promotion or transfer, serving in positions not
subject to certification are eligible to
participate in the professional certificate
program. Eligibility for this exception
requires continuous employment with the
Department of Correction from the date of
promotion or transfer from a certified position
to the date of application for a professional
certificate.
(b) Awards are based upon a formula which combines formal
education, corrections training, and actual experience as a
corrections officer. Points are computed in the following
manner:
(1) each semester hour of college credit shall
equal one point and each quarter hour shall
equal two-thirds of a point;
(2) 20 classroom hours of Commission-approved
corrections training shall equal one point;
(3) only experience as a permanent, paid
employee of the North Carolina Department of
Correction or the equivalent experience as
determined by the Commission shall be
acceptable of consideration.
Point requirements for each award are described in 12 NCAC
09G .0604 and .0605.
(c) Certificates shall be awarded in an officer's area of expertise
only. The State Corrections Certificate is appropriate for
permanent, paid corrections employees employed by the North
Carolina Department of Correction.
Authority G.S. 17C-6.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Environmental Management Commission intends to amend
the rule cited as 15A NCAC 02D .0544.
Link to agency website pursuant to G.S. 150B-19.1(c):
http://www.ncair.org/rules/hea