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^u \^ NORTH CAROLINA REGISTER VOLUME 11 ISSUE 28 • Pages 211^ - 2177 l^y 15, 1997 Y PUBLISHED BY The Office ofAdministrative Hearings Rules Division PO Drawer 27447 Raleigh, NC27611-7447 Telephone (919) 733-2678 Fax (919) 733-3462 mTHIS ISSUE Ex«:ative Orders NPBES Penrats WSdIife Resources Comniission Proclam^iott Auctioneers, Commissioti for En\%'ODm0Bt; Healthy ami Natural Resources General Contractors, Licensing Board Housings Finance Agency ffui^aa Resources :-i.»..-.»>,»>>,>,>>»>^> Nursing, Board of List ofRules Codified Ru^ Review ConuBisatOn Contested Case Decisions This publication is printed on permanent, acid-free paper in compliance with G.S. ]25-11. J 3 NORTH CAROLINA REGISTER IN THIS ISSUE I. EXECUTIVE ORDERS Executive Orders 109-111 2113 n. IN ADDITION Environment, Health, and Natural Resources NPDES Permits Wildlife Resources Commission Proclamation III. RULE-MAKING PROCEEDINGS Licensing Boards General Contractors, Licensing Board 2115-2116 2114 2117 Volume 11, Issue 28 Pages 2113 - 2177 May 15, 1997 This issue contains documents officially filed through April 24, 1997. Office of Administrative Hearings Rules Division 424 North Blount Street (27601) PO Drawer 27447 Raleigh, NC 27611-7447 (919) 733-2678 FAX (919) 733-3462 Julian Mann III, Director James R. Scarcella Sr., Deputy Director Molly Masich, Director of APA Services Ruby Creech, Publications Coordinator Jean Shirley, Editorial Assistant Linda Richardson, Editorial Assistant IV. PROPOSED RULES Environment, Health, and Natural Resources Environmental Management 2121 - 2123 Water Pollution Control System Operations Certification Commission 2123 - 2129 Human Resources Medical Assistance 21 18 - 2121 Independent Agencies Housing Finance Agency 2132 - 2133 Licensing Boards Auctioneers, Commission for 2129 - 2130 Nursing, Board of 2130 - 2132 V. LIST OF RULES CODIFIED 2134 - 2143 VI. RULES REVIEW COMMISSION 2144 - 2147 VH. CONTESTED CASE DECISIONS Index to AU Decisions 2148 - 2164 Text of Selected Decisions 96 ABC 2095 2165 - 2168 96CPS 1211 2169-2170 96 EHR 0649 2171 - 2174 96 EHR 0846 2175 - 2176 Vm. CUMULATIVE INDEX 1-49 Digitized by tine Internet Archive in 2011 witii funding from University of Nortii Carolina at Chapel Hill http://www.archive.org/details/northcarolinareg1128nort « a s o s 1o in o 1o »n o o s O 1 5 S o s oo O s oo O 1 oo o i oo ON o i oo ON O i OO ON o i oo o< o i oo O i 00 O^ o i oo ON o i oo ON O i s u 1 - -5 « 1. 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J -3 O "• CO O O. I2 ca ^ •— g > 3 " o cr w o ^3 - o h £ ^ -^ H H Z J= 3 00 o -3 —ca ^ S . . o CO ,^ 00 X C -J ;:i X c/5 c; 3 > .b 3 g- ^ o ca tU c: X3 CO CO I = o CO -a 3 O CO C 00 -r 2 § .2, < -g ca o o > " o > < CN o (5 O H w XI " o y 'x; > -5 ° CJ a- £2 x: u u (N c u • — x: X o - " C V. X 3 O 3 CO O o Tj- o x: m aj X 2 I o ~ 3 00 o c w ca 3 Q. ;= E -S •a 3 « C^ E 5^ O C/5 i - P — CJ CO ^ ca o =/5 5 3 3 •o '" OJ tj .52 o OS -S r X3 Q. S ca U X ^ u a> CO .— o. ca -§ OJ c/l ^ _ x: - _ - — -w •3- aj >^ j- ca u ca ? o 00 CO ^ «J o -3 § ;2 ca u -^ - § u x: y S H .£ CO .3 3 •= 00 3 ca =' "2 ^ 5 EXECUTIVE ORDERS EXECUTIVE ORDER NO. 109 AMENDING EXECUTIVE ORDER NO. 44 NORTH CAROLINA COMMISSION ON BUSINESS LAWS A>fD THE ECONOMY EXECUTIVE ORDER NO. Ill INFORMATION TECHNOLOGY - RELATED STATE GOVERNMENT FUNCTIONS TRANSFER OF ADMINISTRATION By the power vested in me as Governor by the laws and Constitution of the State of North Carolina, IT IS ORDERED: WHEREAS, information technology is a critical building block in the foundation of North Carolina's future; and. Section 1. Provision (a) of Section 1 of Executive Order No. 44 is hereby amended to read as follows: (a) Eleven members representing public and private corporations. Section 2. Provision (b) of Section 1 of Executive Order No. 44 is hereby amended to read as follows: (b) Five practicing attorneys in the State of North Carolina, one of whom shall serve as Reporter for the Commission. Section 3. The last sentence of Section 1 of Executive Order No. is hereby amended to read as follows: 44 The Attorney General and the Secretary of the North Carolina Department of Commerce shall serve as Co-Chairs of the Commission. This Executive Order shall be effective immediately and shall serve to extend Executive Order No. 44 for two years. Done in the Capital City of Raleigh, North Carolina, this the 25th day of March, 1997. EXECUTIVE ORDER NO. 110 AMENDING EXECUTIVE ORDER NO. 99 CONCERNING EMERGENCY RELIEF FOR DAMAGE CAUSED BY HURRICANE FRAN By the power vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED: Executive Order No. 99, as previously amended by Executive Orders 102, 103, and 105, is hereby amended as follows: The provisions of Executive Order No. 99, as amended, which apply to vehicles transporting logs and residual products shall remain in force until June 27, 1997. This order shall be effective immediately. Done in Raleigh, North Carolina, this the 27th day of March, 1997. WHEREAS, the need to comprehensively plan for North Carolina's information technology future efficiently and effectively is part of planning for the State's future growth; and WHEREAS, there is a movement across the nation in both the public and private sectors to coordinate and consolidate the strategic resources of information technology under the oversight of the chief executive officer in order to better coordinate and link information technology, planning, services and policies; and, WHEREAS, the Department of Commerce, which already houses the North Carolina Alliance for Competitive Technologies, works to recruit and retain business and industry; and, WHEREAS, the use and promotion of information technology in these efforts can aid the State's economic development. NOW, THEREFORE, by the power vested in me as Governor by the laws and Constitution of the State of North Carolina, IT IS ORDERED: Section 1 The following agencies and services, including all functions, powers and duties of each, are hereby transferred to the North Carolina Department of Commerce: a. Information Resource Management Commission; b. State Information Processing Services; and, c. State Telecommunications Services. Section 2 Budgetary responsibilities for the agencies and services listed above, and all funds available to the agencies and services, are hereby transferred to the North Carolina Department of Commerce. Section 3 This Executive Order shall become effective upon satisfaction of applicable Constitutional and statutory requirements. Done in the Capital City of Raleigh, North Carolina, this the 14th day of April, 1997. 11:28 NORTH CAROLINA REGISTER May 15, 1997 2113 IN ADDITION This Section contains public notices that are required to be published in the Register or have been approved by the Codifier ofRules for publication. North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. FuUwood, Executive Director PROCLAMATION Charles R. Fullwood, Executive Director, North Carolina Wildlife Resources Commission, acting pursuant to North Carolina General Statute §113-292 (cl) and authority duly delegated by the Wildlife Resources Commission, hereby declares that the season for harvesting striped bass by hook-and-line shall open in that area of the Roanoke River from the Roanoke Rapids Reservoir dam downstream to the Edward's Ferry Boating Access Area at the US Highway 258 bridge on Saturday, April 19, 1997 from 12:00 noon through 6:00 p.m. Effective 6:01 p.m. on April 19, 1997, the season for harvesting striped bass by hook-and-line is closed in all inland and joint waters of the Roanoke River Striped Bass Management Area. All striped bass caught after 6:01 p.m. on April 19, 1997, regardless of condition, shall be immediately returned to the waters where taken. The Roanoke River Striped Bass Management Area is defined as the inland and joint fishing waters of the Roanoke River and its tributaries, extending from its mouth to Roanoke Rapids Dam, including the Cashie, Middle, and Eastmost rivers and their tributaries. This proclamation shall be effective at 12:00 noon April 19, 1997 and shall remain in effect until a new proclamation opening described waters or portions thereof for striped bass fishing is issued. NOTES: a) This Proclamation is issued under the authority of N.C.G.S. §§113-132; 113-134; 113-292; 113-304; and 113-305. b) During the open season, the minimimi length limit is 18 inches and the daily creel limit is 3 fish. From April 1 through May 31, no striped bass between 22 and 27 inches in length may be harvested. c) From April 1 through June 30, only a single barbless hook or lure with a single barbless hook (or hook with barb bent down) may be used in the inland waters of the Roanoke River upstream of U.S. Highway 258 bridge. d) Any person who violates this Proclamation also violates applicable law and is subject to the sanctions provided by law. NORTH CAROLINA WILDLIFE RESOURCES COMMISSION by /s/Charles R. Fullwood April 10, 1997 Executive Director Date 2II4 NORTH CAROLINA REGISTER May 15, 1997 11:28 IN ADDITION STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 PUBLIC NOTICE OF INTENT TO ISSUE STATE GENERAL NPDES PERMITS Public notice of intent to reissue expiring State National Pollutant Discharge Elimination System (NPDES) General Permits for Point Source Discharges of Stormwater associated with the following activities: 1. NPDES General Permit No. NCG030000 for stormwater point source discharges associated with activities classified as establishments primarily engaged in the Rolling, Drawing, and Extruding of Nonferrous Metals [standard industrial classification (SIC) 335], Fabricating of Metal Products (SIC 34), Manufacturing of Industrial and Commercial Machinery (SIC 35), Manufacturing of Electronic Equipment (SIC 36), Manufacturing of Transportation equipment (SIC 37), and the manufacturing of measuring and analyzing instruments (SIC 38). The following activities are specifically excluded from coverage under this General Permit: Ship and boat building and repairing (SIC 373), which is covered by general stormwater permit NCG 190000. 2. NPDES General Permit No. NCG060000 for stormwater point source discharges associated with activities classified as establishments primarily engaged in Food and Kindred Products [standard industrial classification (SIC) 20], Tobacco Products (SIC 21), Soaps, Detergents and Cleaning Preparations; Perfumes, Cosmetics and Other Toilet Preparations (SIC 284), Drugs (SIC 283), and Public Warehousing and Storage (SIC 4221-4225). 3. NPDES General Permit No. NCG080000 for stormwater point source discharges associated with activities that have Vehicle Maintenance Areas (including vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication and equipment cleaning operation areas) associated with activities classified as Rail Transportation [Standard Industrial Classification (SIC) 40], Local and Suburban Transit and Interurban Highway Passenger Transportation [SIC 41], Motor Freight Transportation and Warehousing [SIC 42], except Public Warehousing and Storage [SIC 4221-4225], Postal Service [SIC 43], Petroleum Bulk Stations and Terminals [SIC 5171] with total petroleum storage capacity of less than 1 million gallons. Other activities which are designated on a case-by-case basis as being required to be permitted for stormwater point source discharges from oil water separators, secondary containment structures at petroleum storage facilities with total petroleum storage capacity of less than 1 million gallons, and/or vehicle maintenance areas at any facilities other than those listed above. The following activities are specifically excluded from coverage under this General Permit: vehicle maintenance areas at activities classified as Water Transportation [SIC 44] and Transportation by Air [SIC 45] and wash water from steam cleaning operations or other equipment cleaning operations. 4. NPDES General Permit No. NCG090000 for stormwater point source discharges associated with activities classified as establishments primarily engaged in Manufacture of Paints, Varnishes, Lacquers, Enamels, and Allied Products [standard industrial classification (SIC) 285]. 5. NPDES General Permit No. NCG 100000 for stormwater point source discharges associated with activities classified as establishments primarily engaged in Used Motor Vehicle Parts [Standard Industrial Classification (SIC) 5015] and Automobile Wrecking for Scrap [a portion of SIC 5093]. 6. NPDES General Permit No. NCG12(X)00 for stormwater point source discharges associated with activities classified as Landfills that are permitted by the North Carolina Division of Solid Waste Management under the provisions and requirements of North Carolina General Statute BOA - 294. The following are specifically excluded from coverage under this General Permit: Stormwater discharges from open dumps, hazardous waste disposal sites, or discharges of wastes (including leachate) to the waters of the state. On the basis of preliminary staff review and application of Article 21 of Chapter 143 of the General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to reissue State NPDES General Permits for the discharges as described above. 11:28 NORTH CAROLINA REGISTER May 15, 1997 2115 IN ADDITION INFORMATION; Copies of the draft NPDES General Permits and Fact Sheets concerning the draft Permits are available by writing or calling: Bradley Bennett Water Quality Section N.C. Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 ext. 525 Persons wishing to coimnent upon or object to the proposed determinations are invited to submit their comments in writing to the above address no later than June 16. 1997. All comments received prior to that date will be considered in the final determination regarding permit issuance. A public meeting may be held where the Director of the Division of Water Quality finds a significant degree of public interest in any proposed permit issuance. The draft Permits, Fact Sheets and other information are on file at the Division of Water Quality, 512 N. Salisbury Street, Room 942 H, Archdale Building. Raleigh, North Carolina. They may be inspected during normal office hours. Copies of the information of file are available upon request and payment of the costs of reproduction. All such comments and requests regarding these matters should make reference to the draft Permit Numbers, NCG030000, NCG060000, NCG080000, NCG090000. NCGIOOOOO, or NCG120000. Date: April 24, 1997 /s/Bradley Bennett for/A. Preston Howard, Jr., P.E., Director Division of Water Quality 2116 NORTH CAROLINA REGISTER May 15, 1997 11:28 RULE-MAKING PROCEEDINGS A Notice ofRule-making Proceedings is a statement of subject matter of the agency 's proposed rule making. The agency must publish a notice of the subject matterfor public comment at least 60 days prior to publishing the proposed text of a rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can befound in the Register under the section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making Proceedings and can befound in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 150B-21.2. TITLE 21 - OCCUPATIONAL LICENSING BOARDS CHAPTER 12 - LICENSING BOARD FOR GENERAL CONTRACTORS 'KJotice of Rule-making Proceedings is hereby given by the North Carolina Licensing Board for General Contractors in 1 V accordance with G. S. 1508-21 . 2. The agency shall subsequently publish in the Register the taxt of the rule(s) it proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. Citation to Existing Rules Affected by this Rule-Making: 21 NCAC 12 .0204. .0503 - .0504, .0901 - .0912 - Other rules may be proposed in the course of the rule-making process. Authority for the rule-making: G.S. 87-1; 87-10; 87-11; 87-13; 87-13.1; 87-15.5 through 87-15.9 Statement of the Subject Matter: The North Carolina Licensing Board for General Contractors (Board) will consider adopting rules, repealing rules, or amending rules addressing demonstration offinancial responsibility for licensure and licensure renewal and the Homeowners Recovery Fund. Reason for Proposed Action: To modify criteria for demonstration offinancial responsibility arui to clarify application of the Homeowners Recovery Fund. Comment Procedures: Written comments may be submitted on the subject matter of the proposed rule-making to Mark D. Selph, Secretary-Treasurer of the Board at the Boards 's office. The Board 's address is P. O. Box 1 7187, Raleigh, NC 27619. 11:28 NORTH CAROLINA REGISTER May 15, 1997 2117 PROPOSED RULES This Section contains the text ofproposed rules. At least 60 days prior to the publication of text, the agency published a Notice of Rule-making Proceedings. Tfie agency must accept comments on the proposed rule for at least 30 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory reference: G.S. 150B-21 .2. TITLE 10 - DEPARTMENT OF HUMAN RESOURCES Notice is hereby given in accordance with G.S. 150B-21.2 that the DHR - Division of Medical Assistance intends to adopt rule cited as 10 NCAC 26B .0113. Notice of Subject Matter was published in the Register on November 15, 1995. Note: Existing rules 10 NCAC 26B .0113 - .0126 will be renumbered to 10 NCAC 26B .0114 - .0127. Proposed Effective Date: August 1, 1997 A Public Hearing will be conducted at 1:30 p.m. on June 3, 1997 at the Kirby Building, 1985 Umstead Drive, Room 132, Raleigh, NC. Reason for Proposed Action: This rule is being republished to comply with the directions of the Rules Review Commission issued on April 17, 1997. This agency was directed to republish this rule to allow interested parties the opportunity to review and comment on the fiscal impact of the rule. The notice published on November 15, 1995 will serve as a notice of subject matter. This version of the rule is a result of changes made by the agency pursuant to public comment received as a result of public notice and hearing previously published on November 15, 1995. This version also reflects technical changes requested by the Rules Review Commission. Comment Procedures: Written comments concerning this rule-making action must be submitted by June 16, 1997 to Portia W. Rochelle, Rule-making Coordinator, Division of Medical Assistance, 1985 Umstead Drive, Raleigh, NC 27603. Oral comments may be presented at the hearing. A fiscal note statement may be requestedfrom the Rule-making Coordinator at telephone: (919) 733-6964. This agency will resubmit the rule to the Rules Review Conunission on June 20, 1997for review and consideration at its July 17, 1997 meeting. Fiscal Note: This Rule affects the expenditure or distribution of State finds and the expenditures or revenues of local government funds. CHAPTER 26 - MEDICAL ASSISTANCE SUBCHAPTER 26B - MEDICAL ASSISTANCE PROVIDED SECTION .0100 - GENERAL .0113 NC MEDICAID CRITERIA FOR CONTINUED ACUTE STAY IN AN INPATIENT PSYCHIATRIC FACILITY The following criteria apply to children and adolescents under the age of 21 in a psychiatric hospital or in a psychiatric unit of a general hospital, and to adults aged 21 through 64 receiving treatment in a psychiatric unit of a general hospital . hospi t al, and to adult s aged 21 through 64 receiving treatment in a psychiatric unit of a general hospital . Patient must meet each of the following six conditions : These criteria shall be applied after the initial admission period of up to three days. To qualify for continued acute stay in an inpatient psychiatric facility a patient must meet each of the conditions specified in Items (1) through (6) of this Rule. To qualify for continued non-acute stay in an inpatient psychiatric facility a patient must meet all of the conditions specified in Item (7) of this Rule. (1) The patient has one of the following: W(a) The patient has a A current DSM-IV, Axis I diagnosis, diagnosis, or ta)ibl The patient has a A current BSM-fV DSM-IV. Axis II diagnosis and current symptoms/behaviors which are characterized by all of the following: (i) Symptoms/behaviors are likely to respond positively to acute inpatient treatment, (ii) Symptoms/behaviors are not characteristic of patient's baseline functioning, (iii) Presenting problems are an acute exacerbation of dysfunctional behavior patterns which are recurring and resistive to change. (2) Symptoms are not due solely to mental retardation. (3) The symptoms of the patient are characterized by both of the following: (a) a A degree of intensity sufficient to classify for classification at the extreme end of a symptom continuum. (b) Require continuum which requires continual medical/nursing response, management, and monitoring, monitoring and at l e ast one o f the following: (4j The patient's symptoms and related behaviors are characterized by at least one of the following: (a) Lethality, dangerousness. or destructiveness which Actively endangers self or others. 2118 NORTH CAROLINA REGISTER May 15, 1997 11:28 PROPOSED RULES \ ) ) (b) Grossly bizarre, disruptive and provocative ("feces smearing, disrobing, pulling out hair, etc.). Presents—with — extreme—Icvd—of subjective distress as indicated by at least one of the following : it)—Makes despe rate statements. (ri)—h — significantly—unresponsive—to envi ronme ntal stimuli. im)—Is unable to meet basic self care needs. ^rr)—Is unwilling to comply with treatment necessary to address life endangering physiological/medical needs. i^ Symptom behavior(s) is presented at least 5 times in a 24 hour period, or limited frequency behavior s aiT associated with lethality, dangerousne ss, or destructiveness which endangers self or others. (c) Related to repetitive behavior disorders which present at least five times in a 24 hour period. (d) Directlv result in an inability to maintain age appropriate roles. (5) The acute symptoms must be related to factors other than weaknesses or problems in patient's environmental support system, system (exceptional circumstances are addressed in Item (7) of this Rule. (6) Inpatient care in the facility and program can reasonably be expected to measurably improve the patient's condition aid functioning as evidenced by one of the following: so that (a) Patient's treatment can eventually be continued on an outpatient basis, basis or patient £b} Patient needs further monitoring and evaluation in a hospital as evidenced by at least one of the following: ta)£il Requires constant, skilled monitoring under the direction of a physician, to clarify treatment needs which can not cannot be provided in an outpatient setting. fb)£ii} Requires constant, skilled monitoring in a secure setting, under the direction of a physician, to control behavior or ensure safety which cannot be provided in an outpatient setting. fcXiii) The patient needs special neurological or biochemical tests that cannot be performed on an outpatient basis. £7} Except for recipients covered under Carolina Alternatives and except for state hospitals where the discharge requirements defined by 10 NCAC 15A ensure the active involvement of the area program in discharge planning independently of payor source, in the event that not all of the requirements specified in Items (1) through (6) of this Rule are met, reimbursement may be provided for patients through the age of H for continued stav in an inpatient psychiatric facility at a non-acute level of care to be paid at the High Risk Intervention Residential High (HRl-R High)rate if the facility and program services are appropriate for the patient's treatment needs and provided that all of the following conditions are met: (a) The psychiatric facility has made an appropriate referral for case management and after care services to the area Mental Health. Developmental Disabilities. Substance Abuse (MH/DD/SA) program which serves the patient's county of residence. The area MH/DD/SA program has agreed that no appropriate services exist or are accessible within a clinically acceptable waiting time to treat the patient in a community setting. The area MH/DD/SA program has agreed that the patient has a history of sudden decompensation or significant regression and experiences weakness in his or her environmental support system which are likely to trigger a decompensation or regression. This history must be documented by the patient's attending physician. The inpatient facility must have a contract to provide HRI-R. High with the relevant area MH/DD/SA program as defined in Item (7)(a) of this Rule. The area MH/DD/SA program must receive £b) {£} £d} £e} m : approval from the Child and Family Services Section of the Division of Mental Health. Developmental Disabilities. Substance Abuse Services for the use of extended HRI-R. High. The relevant area MH/DD/SA program provides approval to the psychiatric facility for the provision of extended HRI-R High, receives claims from the inpatient facility. and provides reimbursement to the facility in accordance with the terms of its contract. Authority G.S. 108A-25(b); 108A-54; 42 C.F.R. 441, Subpart D. ****************** Notice is hereby given in accordance with G.S. 150B-21.2 that the DHR - Division of Medical Assistance intends to amend rules cited as 10 NCAC SOB .0202, .0404, .0409. Notice of Rule-making Proceedings 11:28 NORTH CAROLINA REGISTER May 15, 1997 2119 PROPOSED RULES was published in the Register on August 15, 1996. Proposed Effective Date: August 1, 1998 A Public Hearing will be conducted at 1:00 p.m. on June 3. 1997 at the Kirby Building. 1985 Umstead Drive, Room 132, Raleigh, NC. Reason for Proposed Action: The Division of Medical Assistance proposes to modify t^vo recipient eligibility methodologies to conform to Work First methodologies. The modifications are beneficial to recipients and simplify program administration. In the absence of a change to administrative procedures, families will have their income calculated differently and will be subject to different reporting requirements. Comment Procedures: Written comments concerning this rule-making action must be submitted by June 16, 1997 to Portia W. Rochelle, APA Coordinator, Division of Medical Assistance, 1985 Umstead Drive, Raleigh, NC 27603. Oral comments may be presented at the hearing. A fiscal note statement is available upon written request from the same address. Fiscal Note: Rule 10 NCAC 50B .0404 affects the expenditures of local governmentfunds. Rules 10 NCAC SOB . 0202 and . 0409 do not affect the expenditures or revenues of local government funds. These Rules do not affect the expenditure or distribution of State funds. These Rules do not have a substantial economic impact of at least five million dollars ($5,000,000) in a 1 2-month period. CHAPTER 50 - MEDICAL ASSISTANCE SUBCHAPTER SOB - ELIGIBILITY DETERMINATION SECTION .0200 - APPLICATION PROCESS .0202 EVITIAL INTERVIEW (a) The county department of social services shall conduct an interview with the client or his representative. The client may have any person or persons of his choice participate in the interview. During the interview, the Income Maintenance Caseworker shall explain the application process, the client's rights and responsibilities, the programs of public assistance and the eligibility conditions. (b) The applicant shall be advised of his right to apply in more than one program category for which he qualifies and the advantages and disadvantages of the choices shall be explained. (c) The client shall be informed of the following: (1) That information he provides shall be checked for accuracy. The client shall be told what information he shall provide, and what sources the agency shall contact to check the information. Collateral sources of information shall include knowledgeable individuals, business organizations, public records, and documentary evidence. If the client does not wish necessary collateral contacts to be made, he can withdraw his application. If he denies permission to contact necessary collaterals and all alternative sources of verification, the application shall be denied due to failure to cooperate in establishing eligibility. (2) The client has the right to: (A) Receive assistance if found eligible; (B) Be protected against discrimination on the grounds of race, creed, or national origin by Title VI of the Civil Rights Act of 1964. He may appeal such discrimination; (C) If eligible for Medicaid and Medicare Part B, have the monthly premium paid in his behalf under an agreement between the state and SSA; (D) Have any information given to the agency kept in confidence; (E) Appeal, if he believes the agency's action to deny, change, or terminate assistance is incorrect, or his request is not acted on with reasonable promptness; (F) Reapply at any time, if found ineligible; (G) Withdraw from the program at any time; (H) Request the agency's help in obtaining third party information which he is responsible to provide; (I) Be informed of all alternative sources of verification for the information he is responsible to provide. (3) The client shall be responsible for the following: (A) Provide the county department, state and federal officials, the necessary sources from which to locate and obtain information needed to determine eligibility; (B) Report to the county department of social services any change in situation that may affect eligibility within fhr 10 calendar days after it happens. The meaning of fraud shall be explained. The applicant shall be informed that he may be suspected of fraud if he fails to report a change in situation and that in such situations, he may have to repay assistance received in error and that he may also be tried by the courts for fraud; (C) Inform the county department of social services of any persons or organization against whom he has a right to recovery. When he accepts medical assistance, the applicant assigns his rights to third party insurance benefits to the state. He shall be informed that it is a misdemeanor to fail to disclose the identity of any person or organization against whom he has a right to 2120 NORTH CAROLINA REGISTER May 15, 1997 11:28 PROPOSED RULES recovery; (D) Immediately report to the county department the receipt of an I. D. card which he knows to be erroneous. If he does not report such and uses the I.D. card, he may be required to repay any medical expenses paid in error. Authority G.S. 108A-57; 42 C.F.R. 435.908; Alexander v. Flaherty, U.S.D.C. W.D.N.C. File No. C-C-74-183, Consent Order Filed 15 December 1989; Alexander v. Flaherty Consent Orderfiled February 14, 1992. SECTION .0400 - BUDGETING PRINCIPALS .0404 INCOME (a) Income that is actually available and that which the client or someone acting in his behalf can legally make available for support and maintenance shall be counted as income. (b) Only income actually available or predicted to be available to the budget unit for the certification period for which eligibility is being determined shall be counted as income. (c) For aged, blind, and disabled cases allowable disregards from income are based on Title XVI of the Social Security Act. (d) Deductions subtracted after disregards are: (1) Child or incapacitated adult care not to exceed one hundred and seventy-five dollars ($175.00) per child over two years of age or adult or two hundred dollars ($200.00) per child under two years of age for Family and Children's related cases. (2) A standard deduction of ninety dollars ($90.00) from the total earned income of each budget unit member for Family and Children's related cases. (3) For aged, blind, and disabled cases allowable deductions from income are based on Title XVI of the Social Security Act. (e) Except for M-PW wages, wage deductions and work-related expenses shall be calculated by converting the average amount per pay period into a monthly amount: (1) If paid weekly, multiply by 4.333. 4.3. (2) If paid bi-weekly, multiply by 2.1666. 2.15. (3) If paid semi-monthly, multiply by 2. (4) If paid monthly, use the monthly gross. (5) If salaried, and contract renewed armually, divide annual income etc. by 12. (0 For M-PW cases, the budget unit's actual income for the calendar month of eligibility shall be verified. Authority G.S. 108A-25(b); 42 C.F.R. 435.121; 42 C.F.R. 435.401; 42 C.F.R. 435.603; 42 C.F.R. 435.731; 42 C.F.R. 435.732; 42 C.F.R. 435.734; 42 C.F.R. 435.812; 42 C.F.R. 435.831; 45 C.F.R. 435.845; 45 C.F.R. 435.851; 45 C.F.R. 233.20; 45 C.F.R. 233.51. .0409 CHANGE IN SITUATION (a) For Medicaid applications, once the county department of social services learns from any source that there has been a change in the budget unit's situation they shall notify the applicant within five work days of the need to verify the change. A change in situation includes but not limited to: (1) Change of address, or (2) Change in living arrangement, or (3) Adding or deleting a budget unit member, or (4) Increase or decrease in income, or (5) Change in reserve, or (6) Cessation of disability or blindness, or (7) Parent or parents are no longer incapacitated or unemployed, or (8) Change in responsible relative, or (9) Change in Aid Program Category. (b) For an ongoing Medicaid case, once the county department of social services learns from any source that there has been a change in the budget unit's situation they shall review the case promptly and appropriate action shall be completed within 30 calendar days after the agency learns of the change in situation. (c) The Medicaid client or his representative shall report any change in situation that might affect eligibility within ftrc 10 calendar days to the county department of social services. Authority G.S. 108A-54; 42 C.F.R. 435.916. TITLE ISA - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES Notice is hereby given in accordance with G.S. 150B-21.2 that the EHNR - Environmental Management Commission intends to amend rule cited as 15A NCAC 2B .0308. Notice ofRule-making Proceedings was published in the Register on January 15, 1997. Proposed Effective Date: August 1, 1998 A Public Hearing will be conducted at 7:00 p.m. on June 3, 1997 at the McDowell County Courthouse. 1 South Main Street, Marion. NC 28752. Reason for Proposed Action: The N.C. Department of Emironment, Health and Natural Resources on behalf of the Emironmental Management Commission (EMC) will conduct a public hearing in order to receive public comments on a proposal to reclassify a portion of Toms, Mill and Swannanoa Creeks (Catawba River Basin) in McDowell County to High Quality Waters. These rule-making proceedings are being held in accordance with N.C. G.S. 143-214.1, 143-215.1, and 143-215. 3(a)(1). The criteriafor designation to High Quality Waters includes those waters which are rated as excellent based on biological and physical/chemical characteristics through Division 11:28 NORTH CAROLINA REGISTER May 15, 1997 2121 PROPOSED RULES monitoring or special studies, native and special native trout waters designated by the Wildlife Resources Commission, primary nursery areas designated by the Marine Fisheries Commission and otherfunctional nursery areas designated by the Wildlife Resources Commission, critical habitat areas designated by the Wildlife Resources Commission or the Department of Agriculture, all water supply watersheds which are either classified as WS-I or WS-II or those for which a formal petition for reclassification as WS-I or WS-II has been receivedfrom the appropriate local government and accepted by the Division of Water Quality, and all Class SA waters. Several tributary sites of the Upper Catawba River were identified as potential High Quality Waters streams by the Division of Water Quality (DWQ) Environmental Sciences Branch. Toms Creek, Mill Creek and Swannanoa Creek, three of the qualifying streams, received an excellent bioclassification and they, including their tributaries, are recommended for reclassification to High Quality Waters. The Division of Water Quality is requesting that the EMC reclassify Mill Creek, and all tributaries, from its source to Swannanoa Creek from Class C Tr to Class C Tr HQW, Swannanoa Creek, and all tributaries, from its source to Mill Creekfrom Class C Tr to Class C Tr HQW, and Toms Creek from its source to Harris Creekfrom Class C Tr to Class C Tr HQW, and Toms Creek from Harris Creek to McDowell County SR 1434 from Class C to Class C HQW. If reclassified, ne^v and expanding wastewater dischargers to the area affected by the proposed reclassification in the Toms Creek and the Mill and Swannanoa Creeks watersheds will have additional treatment requiremems. Expanded discharges are those that increase their permitted pollutant loading. Single family residences would not be permitted to discharge to surface waters. Land disturbing activities which require a Sedimentation and Erosion Control Plan and which drain to and are within one mile of HQW streams will have more stringent land use development criteria. Comment Procedures: The purpose of this announcement is to encourage those interested in this proposal to provide comments. You may either attend the public hearing and make rele\unt verbal comments or submit written comments, data or other relevant information by July 3, 1997. The Hearing Officer may limit the length of time that you may speak at the public hearing, if necessary, so that all those who wish to speak may have an opportunity to do so. We encourage you to submit written comments as well. The EMC is very interested in all comments pertaining to the proposed reclassifications. It is very important that all interested and potentially affected persons or parties make their \ie^vs known to the EMC whether in favor of or opposed to any and all provisions of the proposed reclassifications. The EMC may not adopt a rule that differs substantially from the text of the proposed rule published in the North Carolina Register unless the EMC publishes the text of the proposed different rule and accepts comments on the ne^v text (see 150B-21.2(g)). All interested and potentially affected persons are strongly encouraged to read the entire announcement and supporting information, and make appropriate comments on the proposal presented. The proposed effective date for the final rules pursuant to this hearing process is August 1, 1998. Written comments may be submitted by July 3, 1997 to: Liz Kovasckitz DEHNR/Division of Water Quality P.O. Box 29535 Raleigh, NC 27626-0535 (919) 733-5083, extension 572 In the case of inclement weather on the day the public hearing is scheduled, please contact the above telephone number for a recorded message on any changes to the location, day or time of the hearing. Fiscal Note: This Rule does not affect the expenditures or revenues of state or local government funds. This Rule does not have a substantial economic impact of at least five million ($5,000,000) in a 1 2-month period. CHAPTER 2 - ENTVmONMENTAL MANAGEMENT SUBCHAPTER 2B - SURFACE WATER AND WETLAND STANDARDS SECTION .0300 - ASSIGNMENT OF STREAM CLASSIFICATIONS .0308 CATAWBA RIVER BASIN (a) The schedule may be inspected at the following places: (1) Clerk of Court: Alexander County Avery County Burke County Caldwell County Catawba County Gaston County Iredell County Lincoln County McDowell County Mecklenburg County Union County Watauga County (2) North Carolina Department of Environment, Health, and Natural Resources: (A) Mooresville Regional Office 919 North Main Street Mooresville, North Carolina (B) Asheville Regional Office Interchange Building 59 Woodfin Place Asheville, North Carolina. (b) Unnamed Streams. Such streams entering South Carolina are classified "C". (c) The Catawba River Basin Schedule of Classifications 2122 NORTH CAROLINA REGISTER May 15, 1997 11:28 PROPOSED RULES and Water Quality Standards was amended effective: (1) March 1. 1977; (2) August 12, 1979; (3) April 1, 1982; (4) January 1, 1985; (5) August 1, 1985; (6) February 1, 1986; (7) March 1, 1989; (8) May 1, 1989; (9) March 1, 1990; (10) August 1, 1990; (11) Augusts, 1992; (12) April 1, 1994; (13) July 1, 1995; (14) September 1 , V^r 1996; (15) August 1. 1998. (d) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective March 1, 1989 as follows: (1) Wilson Creek (Index No. 11-38-34) and all tributary waters were reclassified from Class B-trout and Class C-trout to Class B-trout ORW and Class C-trout ORW. (e) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective May 1, 1989 as follows: (1) Henry Fork [Index Nos. 11-129-1-(1) and ll-129-l-(2)] from source to Laurel Creek, including all tributaries, were reclassified from Class WS-I, C and C trout to Class WS-I ORW, C ORW and C trout ORW, except Ivy Creek and Rock Creek which will remain Class C trout and Class C. (2) Jacob Fork [Index Nos. ll-129-2-(l) and ll-129-2-(4)] from source to Camp Creek, including all tributaries, were reclassified from Class WS-III trout and WS-III to WS-III trout ORW and WS-III ORW. (0 The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective March 1, 1990 as follows: (1) Upper Creek [Index No. 1 l-35-2-(l)] from source to Timbered Branch including all tributaries except Timbered Branch (Index No. 11-35-2-9) was reclassified from Class C Trout to Class C Trout ORW. (2) Steels Creek [Index No. 11-35-2-12(1)] from source to Little Fork and all tributaries was reclassified from Class C Trout to Class C Trout ORW. (g) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. (h) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective April 1, 1994 as follows: (1) Friday Lake (Index No. 1 1-125.5) from its source to Little Paw Creek was reclassified from Class C to Class B. (2) The Linville River [Index No. 12-29-(l)] from Grandmother Creek to Linville Falls was reclassified from Class C Tr to Class B Tr. (i) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective July 1, 1995 with the reclassification of Clark Creek from a point 0.6 mile downstream of Catawba County SR 2014 to 0.4 mile upstream of Larkard Creek [Index No. ll-129-5-(4.5)], and Howards Creek from its source to 0.7 mile upstream of Lincoln County State Road 1200 [Index No. 11-129-4], including associated tributaries from Class WS-IV to Classes C and WS-IV. (j) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective September 1, 1996 as follows: (1) North Fork Catawba River [Index No. 1 l-24-(l)] from Laurel Branch to Armstrong Creek from Class C Tr to Class B Tr; and (2) Catawba River (Lake Hickory) from Rhodhiss dam to highway 321 [Index No. 11-(51)] from Class WS-IVCA to Class WS-IV&B CA. (k) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective August 1. 1998 as follows: (1) Mill Creek [Index No. 11-7] from its source to Swannanoa Creek, including all tributaries, from Class C Tr to Class C Tr HOW: and (2) Swannanoa Creek [Index No. 1 1-7-9] from its source to Mill Creek, including all tributaries, from Class C Tr to Class C Tr HOW: and £3} Toms Creek [Index No's. ll-21-(l)and 11 -21 -(2)1 from its source to Harris Creek, including all tributaries, from Class C Tr to Class C Tr HOW and from Harris Creek to McDowell County SR 1434. including all tributaries, from Class C to Class C HOW. Authority G.S. 143-214.1; 143-215.1: 143-215. 3(a)(1). Notice is hereby given in accordance with G.S. 150B-21.2 that the EHNR - Water Pollution Control 11:28 NORTH CAROLINA REGISTER May 15, 1997 2123 PROPOSED RULES System Operations Certification Commission intends to adopt rules cited as 15A NCAC 8F .0101 - .0102. .0201 - .0203, .0301, .0401 - .0407. .0501 - .0506. Notice of Rule-making Proceedings was published in the Register on January 2, 1997. Proposed Effective Date: August 1. 1998 A Public Hearing will be conducted at 7:00 p.m. on June 3, 1997 at the Groundfloor Hearing Room, Archdale Building, 512 N. Salisbury Street, Raleigh. NC. Reason for Proposed Action: The purpose of this rule-making is to establish the certification procedures and requirements for operators of animal waste management s^'Stems as required by NCGS 90A-47. The intent of this certification is to reduce nonpoint source pollution that may result from the land application of animal waste that is generated by animal operations as defined at NCGS 143- 215. lOB. The certification program is designed to protect the public health and to conser\'e and protect the quality of the State's agricultural land for the production offood and other agricultural products, and to require the examination of animal waste management system operators and certification of their competency to operate or supervise the operation of those systems. Comment Procedures: Comments, statements, data and other information may be submitted in writing prior to, during, or within 30 days after the date of the final hearing (July 3, 1997) or may be presented orally at the hearing. Oral statements may be limited at the discretion of the hearing officer. Submittal of written copies of oral statements is encouraged. Copies of the proposed rules and information package may be obtained by contacting the Technical Assistance and Certification Group at 919/733- 0026. Written comments may be submitted to Bo McMinn, Dixision of Water Quality, Water Quality Section, Technical Assistance and Certification Group, P.O. Box 29535, Raleigh, NC 27626-0535. Fiscal Note: 15A NCAC 8F .0201 - .0203, .0301, .0402 - .0407, .0502 - .0505 affect the expenditure or distribution of State funds. 15A NCAC 8F .0101 - .0102, .0401, .0501, .0506 do not affect the expenditure or distribution of state funds. These Rules do not affect the expenditures or revenues of local government funds. These Rules do not have a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. CHAPTER 8 - WATER POLLUTION CONTROL SYSTEM OPERATORS CERTinCATION COMMISSION SUBCHAPTER 8F - CERTIFICATION OF OPERATORS OF ANIMAL WASTE MANAGEMENT SYSTEMS SECTION .0100 - GENERAL PURPOSE/ DEFINITIONS .0101 PURPOSE (a) The purpose of these Rules is to reduce nonpoint source pollution in order to protect the public health and to conserve and protect the quality of the State's water resources, to encourage the development and improvement of the State's agricultural land for the production of food and other agriculmral products, and to require the examination of animal waste management system operators and certification of their competency to operate or supervise the operation of those systems. (b) These Rules apply to all operators of animal waste management systems that are required to designate an operator in charge as specified by G.S. 90A-47.2(a). These animal waste management systems include those systems that are designed to serve an animal operation involving 250 or more swine. 100 or more confined cattle. 75 or more horses. 1000 or more sheep, or 30.000 or more confined poultry with a liquid animal waste management system. (c) The Certification Commission shall classify animal waste management systems based on the types of structures and nonstructural practices serving a feedlot that provide for the collection, treatment, storage, or land application of animal waste. (d) The Certification Commission shall establish certifications for each type of animal waste management system so that persons holding these certificates shall be affirmed competent to operate a specific type of animal waste management system. Authority G.S. 90A-37; 90A-38; 90A-47; 143B-300. .0102 DEFINITIONS (a) "Animal waste" means liquid residuals, resulting from an animal operation that are collected, treated, stored, or applied to the land through ^ animal waste management system. (b) "Animal waste management system" means a combination of strucmres and nonstructural practices serving a feedlot that provide for the collection, treatment, storage. or land application of animal waste. (c) "Animal waste management system operator" means a person that has been certified by the Certification Commission as a Type A Animal Waste Management System Operator or as a Type B Animal Waste Management System Operator. (d) "Application of animal waste" means laying, spreading on. irrigating, or injecting animal waste onto or into the soil. (e) "Appropriate examination" means an examination that has been approved by the Certification Commission. (f) "Approved training program" means a training program that has been developed and approved by the Certification Commission in cooperation with the Cooperative Extension 2124 NORTH CAROLINA REGISTER May 15, 1997 11:28 PROPOSED RULES Service. (g) "Certified operator" ineans a person who holds a currently valid certification as an animal waste management system operator. (h) "Certification Commission" means the Water Pollution Control System Operators Certification Commission (WPCSOCC) created by G.S. 143B-3Q0. £i} "Contract animal waste management system operator" means any cenified animal waste operator who contracts with the owner or person in control of an animal operation pursuant to G.S. 90A-47.2(b). {]} "Currently valid certification" means that all training and certification requirements pursuant to G.S. 90A-47.3(b) and G.S. 90A-47.4 have been completed. (k) "Emergency circumstances" means any extraordinary meteorological event, natural catastrophe, or equipment failure that threatens the integrity of the animal waste management system. (1) "Operator in Charge" means a person who holds a currently valid certificate to operate an animal waste management system and who has primary responsibility for the operation of the system. (m) "Owner" means the person who owns or controls the premises of an animal operation having an animal waste management system. (n) "Person under the supervision of an Operator in Charge" means a person who takes directions from the Operator in Charge and who may only land apply animal waste when the Operator in Charge is available for consultation and advice at any time during the application of animal waste. Authority G.S. 90A-35; 90A-43; 90A-47; 143B-300. SECTION .0200 - DUTIES AND REQUIREMENTS .0201 DUTIES AND REQUIREMENTS OF OWNERS (a) The owner of each animal operation having an animal waste management system shall submit a letter to the Certification Commission. Division of Water Ouality. Technical Assistance and Certification Group. P.O. Box 29535. Raleigh. North Carolina 27626-0535. which designates an Operator in Charge with the appropriate type of certification. This letter shall be signed by the owner and the certified operator and be submitted to the Certification Commission by January 1. 1997 for all facilities in operation as of that date. Otherwise, the Operator in Charge shall be designated: (1) before a new animal operation having an animal waste management system is placed in operation after January 1^ 1997; or (2) within 30 days after a new Operator in Charge is designated. (b) An owner may voluntarily designate a back-up Operator in Charge to operate the animal waste management system during the absence of the primary Operator in Charge. Authority G.S. 90A-44; 90A-47; 143B-300. .0202 DUTIES AND REQUIREMENTS OF CERTIFIED OPERATORS Certified Operators shall: (U notify the Certification Commission. Division of Water Ouality. Technical Assistance and Certification Group. P.O. Box 29535. Raleigh. North Carolina 27626-0535. in writing, within 30 days of any change in address: and £2} pay an annual renewal fee as specified at G.S. 90A-47.4(b) and complete all additional training requirements as specified at G.S. 90A-47.3(b). Authority G.S. 90A-47; 143B-300. .0203 DUTIES AND REQUIREMENTS OF AN OPERATOR IN CHARGE (a) An Operator in Charge of any animal waste management system shall: (1) possess a currently valid certification as an Animal Waste Management System Operator of the appropriate type: (2) visit, and inspect each animal waste management system aj a frequency sufficient to ensure proper operation of the system: and £3J be responsible for the proper application of the animal waste: properly manage, supervise and document daily operation and maintenance of the system: certify monitoring and reporting information as prescribed in the permit: and reside within reasonable proximity of the system to be readily available for consultation during emergency circumstances, regulatory inspections and similar matters. (b) The Operator in Charge or a designated back-up Operator in Charge of a Type A Animal Waste Management System shall: (1) ensure that animal waste is applied in accordance with the animal waste management plan and the permit issued for the animal operation: (2) inspect, or a person under the supervision of ^ Operator in Charge shall inspect, the land application site at least every four hours during the application of animal waste: and (3) inspect the land application site within 24 hours of the application of animal waste if the Operator in Charge was not present during the application of animal waste. (c) The Operator in Charge or a designated back-up Operator in Charge of a Type B Animal Waste Management System shall: (1) ensure that animal waste is applied in accordance with the animal waste management plan and the permit issued for the animal operation: (2) inspect, or a person under the supervision of an Operator in Charge shall inspect, the land 11:28 NORTH CAROLINA REGISTER May 15, 1997 2125 PROPOSED RULES application site during the application of animal waste; and (3) inspect the land application site within 48 hours of the application of animal waste if the Operator in Charge was not present during the application of animal waste, (d) Any cenified operator that contracts with an owner to serve as Operator in Charge shall submit an annual report to the Certification Commission in accordance with G.S. 90A- 45(c). This repon shall be submitted on or before January 15 of each year and shall include the following information: (1) the name of the certified operator, mailing address. phone number, and certificate number(s): and £2j the name, mailing address, county, and facility identification number, and type of each animal waste management system for which the certified operator has been designated as Operator in Charge. systems for the treatment of animal waste. These systems generally include the following components i dry stacks: solids and slurry collection equipment: storage ponds for the collection of solids and runoff; pumps, pipes and associated appurtenances that convey the waste from point of generation to final Type B animal waste management systems are generally used to treat waste generated by ruminants and other animals which produce a high-fiber waste. Animal waste management systems which include components that are significantly different than the system described in Item (1) of this Rule shall be evaluated by the Commission, or its designee, to determine if the system is subject to classification in accordance with Rule 15A NCAC 8C .0002(5). Authority G.S. 90A-37; 90A-47; 143B-300. Authority G.S. 90A-47; 143B-300. SECTION .0300 - CLASSIFICATION .0301 m CLASSinCATION OF ANIMAL WASTE MANAGEMENT SYSTEMS The Certification Commission shall classify animal waste management systems based on the types of structures and nonstructural practices serving a feed lot that provide for the collection, treatment, storage, or land application of animal waste. Type A: animal waste management systems that may include the following structures and nonstructural components that provide for the collection, treatment, storage and land application of animal waste and primarily rely on an anaerobic lagoon and soil/plant systems for the treatment of animal waste. These systems generally include the following components: anaerobic lagoon; pumps, pipes and associated appurtenances that convey the waste from point of generation to final treatment/disposal site; flushing systems: solids separation equipment; irrigation equipment; and land application site and crops. Type A animal waste management systems are generally used to treat waste generated by monogastric animals which produce a low-fiber waste. Animal waste management systems which include components that are significantly different than the system described in this Item of this Rule shall be evaluated by tlie Commission, or its designee, to detennme if the system is subject to classification in accordance with Rule 15A NCAC 8C .0002(b). Type Bi animal waste management systems that may include the following structures and nonstructural components that provide for the collection, treatment, storage and land application of animal waste and primarily rely on soil/plant ill SECTION .0400 - CERTIFICATION OF OPERATORS .0401 QUALIFICATIONS FOR EXAMINATION (a) Type A Animal Waste Management System Operator. (1) An applicant for certification as a Type A Animal Waste Management System Operator shall be expected to have a general knowledge of animal operations and Type A animal waste management systems. The applicant shall have knowledge of the laws and regulations related to tlie operation of Type A animal waste management systems, the equipment usually employed in Type A animal waste management systems, be able to describe the general maintenance requirements for such equipment, have the ability to perform calibrations and calculations relating to the land application of the waste, have an understanding of animal waste management plans, and be able to read and complete the forms necessary to document the proper land application of animal waste in accordance with the animal waste management plan. The applicant must submit an application to the Certification Commission showing that the following requirements have been met in order to take an examination for certification as a Type A Animal Waste Management System Operator: (A) be at least 18 years of age: (B) completion of a 10 hour training program on the operation of Type A animal waste management systems that provides instruction regarding the collection, storage, treatment, and land application of animal waste. (2) An applicant who has failed to pass the appropriate examination after three attempts must attend and satisfactorily complete the approved training program before being eligible to retake the 2126 NORTH CAROLINA REGISTER May 15, 1997 11:28 PROPOSED RULES examination, (b) Type B Animal Waste Management System Operator. (1) An applicant for certification as a Type B Animal Waste Management System Operator shall be expected to have a general knowledge of animal operations and Type B animal waste management systems. The applicant shall have knowledge of the laws and regulations related to the operation of Type B animal waste management systems, knowledge of the equipment usually employed in Type B animal waste management systems, be able to describe the general maintenance requirements for such equipment, have the ability to perform calibrations and calculations relating to the land application of the waste, have an understanding of animal waste management plans, and be able to read and complete the forms necessary to document the proper land application of animal waste in accordance with the animal waste management plan. The applicant must submit an application to the Certification Commission showing that the following requirements have been met in order to take an examination for certification as a Type B Animal Waste Management System Operator: (A) be at least 18 years of age: (B) completion of a 10 hour training program on the operation of Type B Animal Waste Management Systems that provides instruction regarding the collection, storage, treatment, and application of animal waste. (2) An applicant who has failed to pass the appropriate examination after three attempts must attend and satisfactorily complete the approved training program before being eligible to retake the examination. Authority G.S. 90A-43; 90A-47: 143B-300. .0402 APPLICATION FORM (a) An application form which is designed for requesting certification as an Animal Waste Management System Operator by way of examination must be properly and accurately completed and submitted with the appropriate fee as stipulated Commission. bx G.S. 9QA-47.4 to the Certification of Water Quality. Technical P.O. Box 29535. Division Assistance and Certification Group. Raleigh. North Carolina 27626-0535. (b) Incomplete applications and applications not accompanied by the appropriate fee and attachments cannot be processed and will be returned to the applicant. Authority G.S. 90A-39; 90A-47; 143B-300. .0403 APPLICATION PROCEDURES £al An application being filed for examination shall be postmarked by the United States Postal Service at least 30 days prior to the date upon which the examination is scheduled to be administered and the appropriate fee must accompany the application. (b) Upon receipt of the application by the Certification Commission, the application will be reviewed by the designee(s) of the Certification Commission for eligibility to take the examination. The applicant will be notified by letter, which will serve as the receipt for the examination fee. of his/her eligibility and will be advised of the date, time and place of the examination. In cases where the applicant is ineligible for examination, the applicant will also be notified by letter and advised of tlie reason for ineligibility. The examination fee will be refunded in tlie event that the applicant is determined to be ineligible for the examination. Upon notification of ineligibility, the applicant may request a hearing before the Certification Commission at the next regularly scheduled meeting, relative to the ineligibility. Such requests must be in writing and shall be submitted at least 30 days prior to the next regularly scheduled meeting. Any applicant who intentionally supplies false information on the application for certification for the purpose of gaining eligibility, will be ineligible for the examination and will forfeit the examination fee. Applicants who have intentionally supplied false information and who have been determined to be ineligible who wish to reapply for certification shall follow the procedure set forth in Rule .0407(d) of this Section. Authority G.S. 90A-39; 90A-47; 143B-300. .0404 EXAMINATION PROCEDURES The Certification Commission or its designee shall conduct examinations for certification in accordance with the following: (1) The dates, times, and places of examination shall be determined by the Certification Commission. Armouncements of the dates, times and places of examination shall be distributed to the Cooperative Extension Service office in each county. (2) Each applicant applying for examination shall be notified of tlie date, time, and place of the examination in accordance with Rule .0403(b) of this Section. (3) Examinations approved by the Certification Commission shall be given only to those who, after filing proper application, have been determined to be eligible. (4) When each applicant receives his/her examination paper, he/she shall identify themselves by way of a valid driver's license or other form of photo identification satisfactory to the proctor of the examination. (5) Representatives of the Certification Commission or its designee(s). who are supervising the examinations may take appropriate action against applicants. including dismissal from the examination, if the examination policies and 11:28 NORTH CAROLINA REGISTER May 15, 1997 2127 PROPOSED RULES procedures are not followed. (6) An examinaiion score of 70 percent or higher shall constitute a passing score. (7) The applicant shall be notified, in writing only, of the score achieved on the examination by the Certification Commission or its designee. The results of the examination shall be mailed to the address submitted with the application for examination. If a passing score is made, such notification constitutes certification by the Certification Commission that the applicant is qualified operator of the appropriate type of animal waste management systems and shall be issued a certificate b>' the Cenification Commission. After each examination, a fist of those certified shall be prepared and made part of the permanent records of the Cenification Commission. Authority G.S. 90A-39: 90A-47; 143B-300. .0405 RENEWAL OF CERTIFICATION A currently valid certification as an animal waste management system operator shall be maintained by: (1) the payment of an annual renewal fee by the date established by the Certification Commission; (2) completion of a minimum of six hours of additional training approved by the Certification Commission during each three year period following initial certification: and (3) a cenified animal waste management system operator that fails to pay the annual renewal fee within 30 days of the due date, or fails to complete the approved additional training within 30 days of the end of three year period, shall take and pass an examination approved by the Certification Commission in order to renew the certificate. Authority- G.S. 90A-47; 143B-300. .0406 REVOCATION, RELINQUISHMENT OR INVALIDATION OF CERTIFICATION (a) The Certification Commission, in accordance with the provisions of G.S. 150B. may suspend or revoke the certificate of a cenified operator, or issue a written reprimand to an operator if it finds that the operator: (1) engages in fraud or deceit in obtaining cenification: or (2) fails to exercise reasonable care, judgment, or use of tlie operator's knowledge and ability in the performance of the duties of an operator in charge: or £3} is incompetent or otherwise unable to properly perform the duties of an operator in charge. (b) Prior to the Cenification Commission taking action on a proposed revocation, suspension, or civil penalty assessment, the operator shall be given an opponunity to submit a written statement and present oral argument before the Cenification Commission at a regularly scheduled meeting. The operator shall be notified by the Cenification Commission in writing at least 15 days prior to the meeting. This notification shall be delivered by first class mail to the operator's address that the Cenification Commission has on file. (c) The Cenification Commission may issue a written reprimand to an operator in accordance with G.S. 90A-41. The reprimand shall be delivered personally or by cenified mail. A copy of the letter will be kept in tlie operator's file and a copy will be sent to tjie operator's employer. The operator will be given the opponunity to gut a letter of rebuttal into the file when a reprimand has been issued. Authont}- G.S. 90A-41; 90A-47; 143B-300; 150B-3; 150B- 23: 150B-38; 150B-52. .0407 RECERTinCATION FOLLOWING REVOCATION OR RELINQUISHMENT (a) After revocation or relinquishment has been effective for a period of not less than 270 days, a person may apply in writing for recenification by the Cenification Commission. The petition must include any relevant facts concerning changes to conditions under which revocation or relinquishment occurred. Such facts must show clearly that the applicant will comply with the laws and regulations concerning the operation of animal waste management systems. £b] Within 120 days following receipt of an application for recenification. the Cenification Commission will notify the applicant by letter of its decision to deny or grant examination eligibility in accordance with procedures set out in Rule .0403 of this Section. Additional eligibility requirements including a show cause conference may be imposed by the Cenification Commission as it deems appropriate. Eligibility will only be granted if there is substantial evidence that the conditions leading to the revocation or relinquishment have been corrected. (c) Recenification of a person as an operator of animal waste management systems shall only occur by means of application and examination. The examination will not be waived. The applicant shall meet the eligibility requirements as outlined in Rule .0401 of this Section. (d) Upon notification of the Cenification Commission's decision to deny eligibility, the applicant may appeal the decision pursuant to the procedures contained in G.S. 150B. Anicle 3. (e) Prior to recenification the applicant must pay in full all civil penalties assessed against them by the Cenification Commission. Authority G.S. 90A-39; 90A-47; 143B-300; 150B-3; 150B- 38. SECTION .0500 - CFVIL PENALTIES .0501 WHO MAY ASSESS 2128 NORTH CAROLINA REGISTER May 15, 1997 11:28 PROPOSED RULES Civil penalties may be assessed by the Secretary of the Department of Environment. Health, and Natural Resources or his designee, for willful violation of the requirements of G.S. 90A-47 and this Subchapter. Authority G.S. 90A-47. .0502 WHEN ASSESSABLE Civil penalties mav be assessed whenever the Secretary, or his designee, has determined that an owner of an animal operation with an animal waste management system, or an Operator in Charge of an animal waste management system, willfullv violates the requirements of G.S. 90A-47 and this Subchapter. Violations that may result in the assessment of civil penalties include, in addition to matters specially referenced in G.S. 90A-47.5(a). failure to designate a properly certified Operator In Charge of the animal waste management system as required by G.S. 90A-47.2(a). Authority G.S. 90A-47. .0503 STANDARDS In determining the amount of the assessment the Secretary. or his designee, shall consider the following standards: (1) duration of the violation; (2) other violations of tliis Subchapter or G.S. 143- 215.6(a): (3) effectiveness of preventive or responsive measures taken by violator: (4) cost of rectifying any damage caused by the violation: and (5) the violator's previous record in complying or not complying with the requirements of G.S. 143. Article 21. Authority G.S. 90A-47. .0504 ASSESSMENT £a) For all violations for which a penalty is assessed a notice of such action shall be sent to tlie respondent by certified mail. The notice will describe the violation, advise that the penalty is due, and advise the respondent of the rights of appeals zs specified in Rule .0505 of this Section. £b} The Secretary, or his designee, may modify a penalty to a lower amount upon finding that additional or different facts should be or should have been considered in determining the amount of assessment. Authority G.S. 90A-47. .0505 PAYMENT AND HEAREMG (a) Within 30 days after receipt of notification of an assessment, the assessed person must tender payment, or submit in writing a request for remission or reduction of the penalty, or file a petition with the Office of Administrative Hearings in accordance with the procedures found in G.S. 150B. Article 3. (b) The Secretary, or his designee, will accept and acknowledge all tenders of payment on behalf of the Certification Commission. Requests for remission or reduction of the penalty will be presented to the Certification Commission and the respondent will be allowed the opportunity to present its request only when the respondent and Chairman stipulate that no facts are in dispute, or where the respondent waives his right to an administrative hearing. Authority G.S. 90A-47. .0506 REFERRALS If any civil penalty as finally assessed is not paid, the Secretary, or his designee, on behalf of tlie Cenification Commission shall request the Attorney General to commence action to recover the amount of assessment. Authority G.S. 90A-47. TITLE 21 - OCCUPATIONAL LICENSING BOARDS CHAPTER 4 - COMMISSION FOR AUCTIONEERS Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Auctioneers Commission intends to amend rule cited as 21 NCAC 4B .0202. Notice of Rule-making Proceedings was published in the Register on December 16, 1996. Proposed Effective Date: September 1, 1998 A Public Hearing will be conducted at 2:30 p.m. on June 14, 1997 at the Wilmington Hilton, 301 N. Water Street, Wilmington, NC. Reason for Proposed Action: Due to increased operating costs, additional revenues are necessary. This action would increase all fees received from applicants and licensees by raising fees to the maximum amounts allowable by Statute. Comment Procedures: Written comments concerning this rule-making action should be submitted to Wayne Woodard, Executive Director, N.C. Auctioneer Licensing Board, 1313 Navaho Drive, Suite 201. Raleigh, NC 27609-7461. Comments must be received in the Board's office by June 16, 1997. Fiscal Note: These Rules do not affect the expenditures or revermes of state or local government funds. These Rules do not have a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. SUBCHAPTER 4B - AUCTIONEER LICENSING BOARD n:28 NORTH CAROLINA REGISTER May 15, 1997 2129 PROPOSED RULES SECTION .0200 - APPLICATION FOR LICENSE Rule-making Proceedings was published in the Register on March 14, 1997. .0202 HLING AND FEES (a) Properly completed applications must be filed (received, not postmarked) in the Board office at least seven days prior to an established Board meeting date, or in the case of an application for auctioneer examination, at least 10 days prior to a scheduled examination and must be accompanied by all required documents. (b) License fees are as follows: (1) New auctioneer license for an applicant who did not serve an apprenticeship $125.00 $175.00 This includes a $ 75.00 $100.00 annual license fee; S 25.00 $50.00 application fee; and $25.00 examination fee. (2) New auctioneer license for an apprentice auctioneer $100.00 $125.00 This includes a $ 75.00 $100.00 annual license fee; and $25.00 examination fee. (3) Renewal of auctioneer license $ 75.00 $100.00 (4) New apprentice auctioneer license S 50.00 $100.00 This includes a $ 25.00 $50.00 license fee and a $ 25.00 $50.00 application fee. (5) Renewal of apprentice auctioneer license S 25.00 $ 50.00 (6) New auction firm license (no examination) $100.00 $150.00 This includes a $ 75.00 $100.00 annual license fee; and $ 25.00 $50.00 application fee. (7) New auction firm license (examination) $125.00 $175.00 This includes a $ 75.00 $100.00 aimual license fee; $ 25.00 $50.00 application fee; and $25.00 examination fee. (8) Renewal of an auction firm license $75.00 $100.00 (9) Application and processing fee for conversion of non-resident reciprocal license to in-state license $ 25.00 (10) Reinstatement of lapsed license fee $25.00 (c) Fees may be paid in the form of a cashier's check, certified check or money order made payable to the North Carolina Auctioneer Licensing Board. Checks drawn on escrow or trust accounts shall not be accepted. Personal checks may be accepted for payment of renewal fees. Authority G.S. 85B-4.1; 85B-6. CHAPTER 36 - BOARD OF NURSING Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Board of Nursing intends to amend rule cited as 21 NCAC 36 . 0109. Notice of Proposed Effective Date: August 1, 1998 A Public Hearing will be conducted at 1:30 p.m. on September 19. 1997 at the Embassy Suites Hotel, 4700 Creedmoor Road, Raleigh, NC. Reason for Proposed Action: To incorporate new technology for selection of Board Members by utilizing telecommunications. Comment Procedures: Any person wishing to present oral testimony relevant to proposed rule may register at the door before the hearing begins and present hearing officer with a written copy of testimony. Written comments concerning this amendment must be submitted by September 19, 1997 to: North Carolina Board of Nursing, P.O. Box 2129, Raleigh, NC 27602; Attn: Jean H. Stanley, APA Coordinator. Fiscal Note: This Rule does not affect the expenditures or re\'enues of state or local government funds. This Rule does not have a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. SECTION .0100 - GENERAL PROVISIONS .0109 SELECTION AND QUALIFICATIONS OF NURSE MEMBERS (a) Vacancies in nurse member positions on the Board that are scheduled to occur during the next year shall be announced in the December issue of the North Carolina Board of Nursing "Bulletin", which shall be mailed to the address on record for each North Carolina currently licensed nurse on December 1. The "Bulletin" shall include a petition form for nominating a nurse to the Board and information on filing the petition with the Board. (b) Each petition shall be checked with the records of the Board to validate that the nominee and each petitioner hold a current North Carolina license to practice nursing. If the nominee is found to be not currently licensed, the petition shall be declared invalid. If any petitioners are found to be not currently licensed and this finding decreases the number of petitioners to less than ten, the petition shall be declared invalid. (c) On a form provided by the Board, each nominee shall indicate the category for which nominee is seeking election, shall attest to meeting the qualifications specified in G.S. 90- 171.21(d) and shall provide written permission to be listed on the ballot. The form must be postmarked on or before April 15. (d) The majority of employment income of registered nurse members of the Board, must be earned by holding positions with primary responsibilities in nursing education or in nursing practice which includes administration, supervision, planning, delivery or evaluation of nursing care 2130 NORTH CAROLINA REGISTER May 15, 1997 11:28 PROPOSED RULES as specified in G.S. 90- 17 1.2 1(d). The following apply in determining qualifications for registered nurse categories of membership: ( 1 ) Nurse Educator includes any nurse who teaches in or directs a basic or graduate nursing program; or who teaches in or directs a continuing education or staff development program for nurses. (2) Hospital is defined as any facility which has an organized medical staff and which is designed, used, and primarily operated to provide health care, diagnostic and therapeutic services, and continuous nursing to inpatients. (3) Hospital Nursing Service Director is any nurse who is the chief executive officer for nursing service. (4) Employed by a hospital includes any nurse employed by a hospital. (5) Employed by a physician includes any nurse employed by a physician or group of physicians licensed to practice medicine in North Carolina and engaged in private practice. (6) Employed by skilled or intermediate care facility includes any nurse employed by a long term nursing facility. (7) Registered nurse approved to perform medical acts includes any nurse approved for practice in North Carolina as a Nurse Practitioner or Certified Nurse Midwife. (8) Community health nurse includes any nurse who functions as a generalist or specialist in areas including, but not limited to, public health, student health, occupational health or community mental health. (e) The term "nursing practice" when used in determining qualifications for registered or practical nurse categories of membership, means any position for which the holder of the position is required to hold a current license to practice nursing. (f) A nominee shall be listed in only one category on the ballot. (g) If there is no nomination in one of the registered nurse categories, all registered nurses who have been duly nominated and qualified shall be eligible for an at-large registered nurse position. A plurality of votes for the registered nurse not elected to one of the specified categories shall elect that registered nurse to the at-large position. (h) Separate baHots slates shall be prepared for election of registered nurse nominees and for election of licensed practical nurse nominees. Nominees shall be listed in random order on the ballot slate for licensed practical nurse nominees and within the categories for registered nurse nominees. Ballots shall be accompanied by biographical dat a on nominees and a passport - type photograph. Ballot s shall prescribe the method of vot ing. Slates shall be published in the "Bulletin" following the Spring Board meeting and shall be accompanied by biographical data on nominees and a passport-type photograph. (i) Any nominee may withdraw her/his name at any time by written notice prior to the date and hour fixed by the Board as the latest time for return for ballots, voting. Such nominee shall be eliminated from the contest and any votes cast for that nominee shall be disregarded. (j^ — On or about June 15, the appropr iate ball ot and a re turn official envelope shall be mailed to the address on record for each currently licensed nurse on that date, together with a notice designating the latest day and hour for return f ballot which shall not be earlier than the tenth day following the mailing. (j) The procedure for voting shall be identified in the "Bulletin" following the Spring Board meeting, together with a notice designating the latest day and hour for voting. (k) The Board of Nursing may contract with a computer or other service for receipt of envelopes with ballots and the counting of ballots, to receive the votes and tabulate the results. (1) The counting of ballots shall be conducted as follows : t+^ The ce rt ificate number and name of the voter shall be entered on the perforated section of the ballot sheet. (2) — The certificate number and name of the voter shall be matched with the regist ration list. In the event that th ere is not a match, the entire ballot sheet shall be se t aside for inspection, validation, or invalidation by the Board of Nursing. (3) Those ballots which are not set aside shall have the perforated sect ion completely separated from the ball ot portion of the sheet . (4) Only official ballots shall be counted. (5) A ballot marked for more names than there are posi tions to be filled shall not be counted for than category but shall be counted for all other categor ie s voted correctly. (6) If or any reason it is impossible to dettiminc a voter 's choice for a category of nurse , that ballot shall not be counted for that category, but shall be counted for all other categorie s cl early indicated. (7) Ballots ident ified in 92), (5) and (6) of this Paragraph shall be set aside fo r inspection and determination by the Board of Nursing. ("D The tabulation and verification of the tabulation of votes shall include the following: (1) The certificate number shall be provided for each individual voting. (2) The certificate number shall be matched with the database from the Board. (m) A plurality vote shall elect. If more than one person is to be elected in a category, the plurality vote shall be in descending order until the required number has been elected. In any election, if there is a tie vote between nominees, the tie shall be resolved by a draw from the names of nominees who have tied. (n) The results of an election shall be recorded in the minutes of the next regular meeting of the Board of Nursing following the election and shall include at least the following: 11:28 NORTH CAROLINA REGISTER May 15, 1997 2131 PROPOSED RULES (1) the number of nurses eligible to vote; t2-) the number of return ballots se t a^ide and the disposition of same. t^i the number of ballots cast. (+) the number of ballots declared invalid, and tfri the numbe r of vot es cast fo r e ach pe rson on the oaiiot. (2) the number of votes cast: and (3) the number of votes cast for each person on the slate. (o) The results of the election shall be forwarded to the Governor and the Governor shall commission those elected to the Board of Nursing. (p) All petitions to nominate a nurse, signed consents to appear on the ballot, slate, verifications of qualifications. perfo rated sections of the ballot shee t s containing the c e r t ificate number and name of the voter , and the ballots shall be prcse ^^^ed and copies of the computerized validation and tabulation shall be retained for a period of three months followine the close of an election. CHAPTER 1 - N.C. HOUSING FINANCE AGENCY SUBCHAPTER IP - FIRE PROTECTION FUND SECTION .0100 - CENTRAL INFORMATION .0101 PLUPOSE The rules in this Subchapter implement the Adult Care Home. Group Home, and Nursing Home Fire Protection Fund ("Fire Protection Fund") created by G.S. 122A-5.13. Authorin G.S. 122A-5; 122A-5.1: 122A-5.13. .0102 ELIGIBILITY Prmcipal sponsors or owners of a facility occupied by the elderly or developmentally disabled and licensed under G.S. 131D-2 and OS, 131E. Anicle 6 shall be eligible to participate in the Fire Protection Fund program. Authonn G.S. 90-171.21; 90- 171.23(b). Authoritx G.S. 122A-5; 122A-5.1; 122A-5.13. TITLE 24 - INT)EPENDENT AGENCIES Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Housing Finance Agency intends to adopt rules cited as 24 NCAC IP .0101 - .0103, .0201 - .0203. Notice of Rule-making Proceedings was published in the Register on October 15, 1996. Proposed Effective Date: August 1, 1998 A Public Hearing will be conducted at 10:00 a.m. on May 30, 1997 at the North Carolina Housing Finance Agency, 3801 Lake Boone Trail, Suite 200. Raleigh, NC 27607-2926. Reason for Proposed Action: The North Carolina Housing Finance Agency adopted temporary rules which were published in the North Carolina Register on October 15. 1996. Based on input received during the public comment period, the Agency has amended Rule .0103 to clarify' the conditions under which loans will be accelerated. Comment Procedures: Written comments must be submitted to the APA coordinator within 30 days of the publication of this rule in the North Carolina Register. Comments should be sera to C. William Dowse at the North Carolina Housing Finance Agencx, 3801 Lake Boone Trail, Raleigh, NC 27607-2926. Fiscal Note: These Rules affect the expenditure or distribution of State funds. These Rules do not affect the expenditure or distribution of local funds . These Rules do not have a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. .0103 TYPES OF ASSISTANCE (a) The North Carolina Housing Finance Agency shall use program funds to make loans secured by the facility and real propeny. Loans for smoke detection systems shall have an interest rate of 3% -6% and a maximum term of 10 years. Loans for sprinkler systems shall have an interest rate of 3% and a ma.ximum term of 20 vears. The interest rate for smoke detection system loans shall be determined based on the Fund's selection criteria as outlined in Rule .0202 of this Subchapter. (b) The maximum loan amounts shall be calculated as defined in G.S. 122A-5.13. (c) Loans shall be amortizing and secured by a note and deed of trust. These loan documents shall provide for the acceleration of the debt in the event that a facility becomes subject to a negative administrative action by the North Carolina Division of Facilitv Services or the United States Health Care Financing Administration that would cause revocation of licensure or. in the event that the borrower fails to make timely payments. (d) The Nonh Carolina Housing Finance Agencv shall charge a loan ongination fee and a senicing fee to reimburse actual costs. The origination fee shall not exceed 1 % of the individual loan amount. The ser\-icing fee shall not exceed % of 1 7c of the loan balance. Authority G.S. 122A-5; 122A-5.1; 122A-5.13. SECTION .0200 - ADMINISTRATION .0201 APPLICATION PROCEDURES A request for proposals shall be published and other forms of public notice shall be used to solicit applications from eligible borrowers. 2132 NORTH CAROLINA REGISTER May 15, 1997 11:28 PROPOSED RULES \ Authority G.S. 122A-5; 122A-5.1; 122A-5.13. .0202 SELECTION PROCEDURE Applications for financial assistance shall be evaluated and selected using the following criteria in order to improve safety for the greatest number of vulnerable residents: (1) Financial need; and (2) Percentage of nonambulatory and disabled residents: and (3) Estimated economic life of the facility: and (4) Reliability of current fire protection systems and services: and (5) Degree to which proposed costs are below the program maximums per square foot: and (6) Receipt by the facility of any negative administrative action taken by the North Carolina Division of Facility Services or the United States Health Care Financing Administration. Authority G.S. 122A-5; 122A-5.1; 122A-5.13. .0203 DISBURSEMENT OF FUNDS Loan funds shall be disbursed on a reimbursement basis. Loan funds shall not be disbursed until the installation of the fire protection system has been approved by the Division of Facility Services. Authority G.S. 122A-5; 122A-5.1; 122A-5.13. 11:28 NORTH CAROLINA REGISTER May 15, 1997 2133 UST OF RULES CODIFIED TX he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated and have been entered into the Code. IVey: Citation = Title, Chapter, Subchapter and Rule (s) AD = Adopt AM = Amend RP = Repeal With Chgs = Final text differs from proposed text Con- = Typographical errors or changes that requires no rulemaking Temp. = Rule was filed as a temporary rule Ejf. Date ^ Date rule becomes effective NORTH CAROLINA ADMINISTRAnVE CODE APRIL 1997 TITLE DEPARTMENT 11 Insurance 15A Environment, Health, and Natural Resources 19A Transportation TITLE DEPARTMENT 21 Occupational Licensing Board 46 -Pharmacy RUix errAnew AD wrrH CHGS CORK TBWP EFFECTIVE DATE AM RP 11 NCAC IIF .0401 / / 01/01/98 .0402 / 01/01/98 .0403 - .0405 / / 01/01/98 12 .1702 / 05/01/97 15A NCAC 2H .0225 / / 05/08/97 2R .0501 - .0504 / / 05/06/97 31 .0107 / 05/01/97 31 .0110 / 05/01/97 31 .0116 / 05/01/97 3J .0104 / 05/01/97 3J .0301 / 05/01/97 3K .0105 / 05/01/97 3K .0204 / 05/01/97 3K .0304 / 05/01/97 3L .0203 / 05/01/97 3L .0205 / 05/01/97 2134 NORTH CAROUNA REGISTER May 15, 1997 11:28 LIST OF RULES CODIFIED \ RULE CITATION AD AM RP wrra CHGS CORK TEMP EFFECTIVE DATE 15A NCAC 3M .0401 / 05/01/97 3N .0103 / / 05/01/97 3N .0104 - .0105 / 05/01/97 30 .0201 - .0202 / / 05/01/97 30 .0205 / / 05/01/97 30 .0208 / / 05/01/97 3R .0101 - .0105 / 05/01/97 3R .0107 / 05/01/97 lOD .0003 / 05/01/97 19A NCAC 2E .0210 / 05/01/97 21 NCAC 46 .1317 / / 05/01/97 46 .1401 / / 05/01/97 46 .1402 -.1404 / 05/01/97 46 .1406 / 05/01/97 46 .1408 / 05/01/97 46 .1410 -.1416 / / 05/01/97 46 .1604 / / 05/01/97 46 .1703 / / 05/01/97 46 .2611 / / 05/01/97 7/.-25 NORTH CAROLINA REGISTER May 15, 1997 2135 UST OF RULES CODIFIED TM. he following is a list of rules approved by the Rules Review Commission from May 1996 through December 1996. These rules were reviewed before the thirty-first legislative day of the 1997 Regular Session of the General Assembly that convened on January 29. 1997. Statutory Reference G.S. 150B-21.3(b). Key Citation = Title. Chapter, Subchapter and Rule(s) AD = Adopt AM = Amend RP = Repeal With Chgs = Final text differs from proposed text Corr = Typographical errors or changes that requires no rulemaking Temp. = Rule was filed as a temporary rule Eff. Date = Date rule becomes effective ' RULES CODIFIED INTO THE CODE TITLE DEPARTMENT 2 Agriculture 4 Commerce 7 Cultural Resources 10 Human Resources 11 Insurance 15A Enviroimient, Health, and Natural Resources 16 Public Education 17 Revenue MARCH 1997 IIILE DEPARTMENT 19A Transportation 21 Occupational Licensing Boards 12 - General Contractors 58 - Real Estate Commission 60 - Refrigeration Examiners 63 - Certification Board for Social Work 69 - Soil Scientists 23 Community Colleges 26 Administrative Hearings RULE crrATicw AD AM RP WTTH CHGS CORR TIMP EFFECTIVE DATE 2 NCAC 9C .0701 - .0702 / 04/01/97 .0704 / 04/01/97 48A .1103 / / 04/01/97 .1110 / / 04/01/97 48B .0112 / 04/01/97 .0114 / 04/01/97 .0119 / 04/01/97 .0120 / / 04/01/97 52B .0201 / 04/01/97 4 NCAC 12C .0007 / 04/01/97 7 NCAC 5 .0202 - .0203 • 04/01/97 .0204 / 04/01/97 2136 NORTH CAROUNA REGISTER May 15, 1997 11:28 LIST OF RULES CODIFIED RULE CITATION AD AM RP WITH CHGS CORR TEMP EFFECTIVE DATE 7 NCAC 5 .0207 / 04/01/97 10 NCAC 3R .3001 / / 04/01/97 .3010 / 04/01/97 .3020 / / 04/01/97 .3032 / / 04/01/97 .3040 / / 04/01/97 .3050 / / 04/01/97 3U .0102 / / 04/01/97 .0704 / / 04/01/97 .0710 / / 04/01/97 .2701 - .2704 / / 04/01/97 20B .0204 - .0205 / / 04/01/97 .0206 / 04/01/97 .0208 - .0210 / 04/01/97 .0214 / 04/01/97 .0218 / / 04/01/97 .0222 / / 04/01/97 .0224 / 04/01/97 .0226 - .0227 / 04/01/97 20C .0603 / 04/01/97 20D .0204 / / 07/01/97 26H .0602 / 04/01/97 41F .0705 / / 07/01/97 .0706 / 04/01/97 .0707 / / 04/01/97 .0812 / 04/01/97 .0813- .0814 / / 04/01/97 41P .0102 / / 04/01/97 .0105 / / 04/01/97 .0106 / / 04/01/97 .0108- .0112 / / 04/01/97 .0113 / / 04/01/97 /i;2S NORTH CAROLINA REGISTER May 15, 1997 2137 LIST OF RULES CODIFIED RULE CITATION AD A.M RP WITH CHGS CORR TEMP EtEECTTVE DATE 10 NCAC 42A .0701 / 04/01/97 .0702 / / 04/01/97 .0703 / / 04/01/97 42B .1209 / 05/01/97 .1210-. 1211 / / 05/01/97 .2402 - .2405 / 05/01/97 42C .2010 / 05/01/97 .2011 - .2012 / / 05/01/97 .3701 / 05/01/97 .3702 - .3703 / 05/01/97 .3704 / 05/01/97 42D .1409 / 05/01/97 .1410- .1411 / / 05/01/97 .1827- .1830 / 05/01/97 42V .0201 / / 04/01/97 .0802 - .0803 / / 04/01/97 49A .0102 / 04/01/97 49B .0202 / / 04/01/97 .0310 / / 04/01/97 .0502 04/01/97 11 NCAC 12 .0551 / / 04/01/97 16 .0703 / 04/01/97 15A NCAC 2B .0229 / / 04/01/97 .0237 / / 04/01/97 .0315 / / 04/01/97 2D .0518 / 04/01/97 .0524 / / 04/01/97 .0530 / 07/01/97 .0902 / 04/01/97 .0907 / 04/01/97 .0909 / 04/01/97 .0910- .0911 / 04/01/97 275« NORTH CAROLINA REGISTER May 15, 1997 11:28 LIST OF RULES CODIFIED RULE CITATION AD AM RP WITH CHGS CORK TEMP EFFECTIVE DATE 15A NCAC 2D .0946 / 04/01/97 .0954 / / 04/01/97 .1110 / / 07/01/97 .1111 / / 04/01/97 .1402- .1403 / 04/01/97 2Q .0102 / / 07/01/97 .0104 / / 07/01/97 .0107 / 07/01/97 .0507 / 07/01/97 .0512 / 07/01/97 .0514 - .0515 / 07/01/97 .0517 / 07/01/97 31 .0101 / / 04/01/97 .0105 / / 04/01/97 3L .0201 / / 04/01/97 3M .0202 / 04/01/97 .0503 / 04/01/97 .0504 / / 04/01/97 .0506 / 04/01/97 .0511 / / 04/01/97 3R .0106 - .0107 / 04/01/97 6E .0102 - .0103 / 04/01/97 7H .0104 / / 04/01/97 .0304 / / 04/01/97 7J .0102 / 04/01/97 lOB .0106 / / 07/01/97 .0113 / / 07/01/97 .0115 / 04/01/97 .0123 / 04/01/97 .0203 / / 07/01/97 .0209 / 07/01/97 .0205 / / 07/01/97 ii;2S NORTH CAROLINA REGISTER May 15, 1997 2139 LIST OF RULES CODIFIED RULE CITATION AD A.M RP wrra CHGS CORK THVff EFFECTIVE DATE 15A NCAC IOC .0305 / / 07/01/97 lOD .0003 / / 07/01/97 lOF .0102 - .0104 / / 04/01/97 .0105 / 09/01/96 .0105 -.0107 / / 04/01/97 .0109 / / 04/01/97 .0303 / 04/01/97 .0305 / 04/01/97 .0307 / 04/01/97 .0310 / 04/01/97 .0310 / 04/01/97 .0348 / / 04/01/97 lOG .0102 - .0103 / 04/01/97 .0202 - .0203 / 04/01/97 .0206 / 04/01/97 .0302 - .0303 / 04/01/97 .0401 / 04/01/97 .0402 - .0404 / / 04/01/97 .0501 / / 04/01/97 101 .0001 / 04/01/97 .0002 / / 04/01/97 12B .1206 / / 04/01/97 13C .0301 / / 04/01/97 .0302 / / 04/01/97 .0303 / / 04/01/97 .0304 / / 04/01/97 .0305 / / 04/01/97 .0306 / / 04/01/97 .0307 - .0308 / / 04/01/97 18A .0136 -.0137 / 04/01/97 .0159 / 04/01/97 .0169 / 04/01/97 2740 NORTH CAROLINA REGISTER Mav 15, 1997 11:28 LIST OF RULES CODIFIED ) RULE CITATION AD AM RP WIIH CHGS CORK TEMP KHECTIVE DATE 15A NCAC 18A .0173 / / 04/01/97 .0174 - .0175 / 04/01/97 .0184 / 04/01/97 .0186 / 04/01/97 .0302 / / 04/01/97 .0401 / 04/01/97 .0424 - .0425 / 04/01/97 .0615 - .0616 / 04/01/97 .0617 / / 04/01/97 .0620 / 04/01/97 .1302 / 04/01/97 .1805 / 04/01/97 .2601 / 04/01/97 .2701 / / 04/01/97 16 NCAC lA .0001 / 04/01/97 .0003 / 04/01/97 7 .0101 - .0103 / / 01/01/98 17 NCAC IC .0504 / 04/01/97 .0506 / 04/01/97 5C .2101 / / 04/01/97 7B .0118 / 04/01/97 .1602 / / 04/01/97 .1702 / / 04/01/97 .1802 • / 04/01/97 .3103 / 04/01/97 .3106 / / 04/01/97 .4202 / 04/01/97 .4501 / 04/01/97 19A NCAC 2D .0425 / 04/01/97 .1101 / 04/30/97 .1102 / / 04/30/97 .1103 - .1105 / / 04/30/97 i/;2S NORTH CAROLINA REGISTER May 15, 1997 2141 LIST OF RULES CODIFIED RULE CITATION AD AM RP WTTH CHGS CORK TEMP EFFECTIVE DATE 19A NCAC 2D .1106 -.1107 / 04/30/97 .1108 • / 04/30/97 .1109 - .1110 / / 04/30/97 .1111 / / 04/30/97 .1112 / 04/30/97 3E .0501 - .0502 / / 04/30/97 .0510 / / 04/30/97 .0511 / / 04/30/97 .0512- .0515 / / 04/30/97 .0518 / / 04/30/97 .0519 / 04/30/97 .0522 / / 04/30/97 6B .0401 -.0411 / 04/30/97 .0412 / / 04/30/97 .0413 - .0417 / 04/30/97 21 NCAC 12 .0204 / 04/01/97 .0503 / / 04/01/97 58A .0101 / 04/01/97 .0104 / / 07/01/97 .0105 / 04/01/97 .0109- .0110 / 04/01/97 .0503 - .0504 / 04/01/97 .1601 / 04/01/97 60 .0204 / 04/01/97 .0207 / / 04/01/97 .0314 / / 04/01/97 63 .0306 / / 04/01/97 69 .0101 / 04/01/97 .0102 / / 04/01/97 .0103 - .0104 / 04/01/97 .0201 / / 04/01/97 .0202 / 04/01/97 2742 NORTH CAROLINA REGISTER May 15, 1997 11:28 LIST OF RULES CODIFIED ) RULE CITATION AD AM RF WITH CHGS CORK TEMP EFFECTIVE DATE 21 NCAC 69 .0301 / 04/01/97 .0302 - .0305 / / 04/01/97 .0306 / / 04/01/97 .0307 / / 04/01/97 .0308 / 04/01/97 .0401 - .0402 • / 04/01/97 .0501 / / 04/01/97 23 NCAC 2D .0325 / / 04/01/97 3A .0113 / / 04/01/97 26 NCAC 2C .0102 / 04/01/97 .0103 / / 04/01/97 .0111 / 04/01/97 .0307 / / 04/01/97 .0401 / / 04/01/97 .0502 / / 04/01/97 3 .0301 - .0305 / 04/01/97 7/;2« NORTH CAROLINA REGISTER May 15, 1997 2143 RULES REVIEW COMMISSION 1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. May 15. 1997. 10:00 a.m.. at 1307 Glenwood Ave. , Assembly Room. Raleigh, NC. Anyone wishing to submit written comment on any rule before the Commission should submit those commems to the RRC staff, the agency, arui the individual Commissioners by Monday. May 12. 1997. at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review Commission at 919- 733-2721. Anyone wishing to address the Commission should notify the RRC staff arui the agency at least 24 hours prior to the meeting. RULES REVIEW COMMISSION MEMBERS Appointed by Senate Philip O. Redwine - Chairman Vemice B. Howard Teresa L. Smallwood Charles H. Henry Appointed by House Bill Graham - Vice Chairman James Mallory, III Paul Powell Anita White RULES REVIEW COMMISSION MEETING DATES June 19, 1997 July 17, 1997 August 21, 1997 September 18, 1997 October 16, 1997 November 20, 1997 MEETING DATE: MAY 15, 1997 LOG OF HLINGS RULES SUBMITTED: MARCH 20, 1997 THROUGH APRIL 20, 1997 AGENCY/DIVISION RULE NAME Standards for Receptacles Definitions Special Requirements Gate Fees Retail Buildings Gate Fees Farmers and Truckers Sheds Yearly Delivery Permit AGRICULTURE/NC BOARD OF AGRICULTURE Importation Requirements Calfhood Vaccination Intrastate Requirements DHR/COMMISSION FOR MH/DD/SAS Staff Operations Staff Placement of Clients Resolution of Differences DHR/DIVISION OF MEDICAL ASSISTANCE Case Management RULE ACTION LKETEVG AUTHORITY 2 NCAC 43F .0003 Amend 2NCAC43H .0001 Amend 2 NCAC 43H .0007 Adopt 2 NCAC 43L .0202 Amend 2 NCAC 43L .0401 Amend 2 NCAC 43L .0402 Amend 2 NCAC 43L .0403 Amend 2 NCAC 43L .0405 Amend 2NCAC52B .0212 Amend 2 NCAC 52B .0303 Amend 2 NCAC 52C .0701 Adopt 10 NCAC 14V .3402 Amend 10 NCAC 14V .3803 Amend 10 NCAC 14V .5602 Amend 10 NCAC 15A .0128 Repeal 10 NCAC 15A .0129 Repeal 10NCAC26B .0123 Amend 2144 NORTH CAROLINA REGISTER May 15, 1997 11:28 RULES REVIEW COMMISSION Cost Reporting 10 NCAC 26H .0104 Amend JUSTICE/STATE BUREAU INVESTIGATION/DIVISION OF CRIMINAL INFORMATION Advisory Policy Board 12 NCAC 4E .0103 Amend RULES REVIEW OBJECTIONS ACUPUNCTURE LICENSING BOARD 21 NCAC 1 .0706 - Continuances RRC Objection Agency Revised Rule Obj. Removed 21 NCA CI .0707 - Disqualification for Personal Bias RRC Objection Agency Revised Rule Obj. Removed ADMINISTRATION State Construction ; NCA C 30G .0102- Policy RRC Objection No Response from Agency 1 NCAC JOG .0104- General Procedures RRC Objection No Response from Agency COMMUNITY COLLEGES 23 NCAC 2C .0304 - Student Loan Funds for Vocational and Technical Education RRC Objection Agency Revised Rule Obj. Removed 23 NCAC 2E . 0203 - Standards for Technical- Vocational Curriculums RRC Objection Agency Revised Rule Obj. Removed ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 01/16/97 02/20/97 01/16/97 02/20/97 03/20/97 04/17/97 03/20/97 04/17/97 01/16/97 02/20/97 01/16/97 02/20/97 Coastal Management ISA NCAC 7M .0403 - Policy Statements Agency Revised Rule Marine Fisheries ISA NCAC 30 .0101 - License Agents HUMAN RESOURCES Child Day Care Commission 10 NCAC 3U .0707 - In-Senice Training Requirements Agency Revised Rule Facility Services 10 NCAC 3R .3030 - Facility and Service Need Determinations Agency Revised Rule No Response from Agency Agency Revised Rule Agency Revised Rule 10 NCAC 3R .3033 - Open Heart Surgery Services Need Determinations (Rev. Cat. H) 10 NCAC 3R .3034 - Heart-Lung Bypass Mch. Need Del. /New Open Heart Sgy. Svcs RRC Objection Obj. Removed RRC Objection 01/16/97 02/20/97 04/17/97 11:28 NORTH CAROLINA REGISTER RRC Objection 03/20/97 Obj. Removed 04/17/97 RRC Objection 10/1 7/96 Obj. Cont'd 11/21/96 Obj. Cont'd 12/19/96 Obj. Cont'd 02/20/97 Obj. Removed 03/20/97 ev. RRC Objection 01/16/97 Obj. Cont'd 02/20/97 Obj. Cont'd 03/20/97 Svcs. RRC Objection 01/16/97 Obj. Cont'd 02/20/97 May 15, 1997 2145 RULES REVIEW COMMISSION Rule Returned to Agency 10 NCAC 3R .3035 - Heart-Lung Bypass Mch. Need Det. /Existing Open Heart Sgy. Svcs. Rule Returned to Agency 10 NCAC 3R .3036 - Cardiac Catheterization Eqpt Need Det. /New Providers Rule Returned to Agency 10 NCAC 3R .3037 - Cardiac Catheterization Eqpt Need Det. /Existing Providers Rule Returned to Agency 10 NCAC 3R .3038 - Cardiac Angioplasty Eqpt Need Det. /New Providers Rule Returned to Agency 10 NCAC 3R .3039 - Cardiac Angioplasty Eqpt Need Det. /Existing Providers Rule Returned to Agency 03/20/97 RRC Objection 01/16/97 Obj. Cont'd 02/20/97 03/20/97 RRC Objection 01/16/97 Obj. Cont'd 02/20/97 03/20/97 RRC Objection 01/16/97 Obj. Cont'd 02/20/97 03/20/97 RRC Objection 01/16/97 Obj. Cont'd 02/20/97 03/20/97 RRC Objection 01/16/97 Obj. Cont'd 02/20/97 03/20/97 Medical Assistance 10 NCAC 26B .0113 - Case Mgmt Svcs/Adults/Children/at Risk/Abuse/Neglect/Exploitation Returned to Agency for Failure to Comply with APA Mental Health: Other Programs 10 NCAC 18W .0201 - Scope Agency Revised Rule 10 NCAC 18W .0203 - General Provisions Agency Revised Rule 10 NCAC 18W .0205 - Emotional, Mental or Neurological Handicap Defined Agency Revised Rule 10 NCAC 18W.0211 - Needs Assessment Agency Revised Rule 10 NCAC 18W .0214 - Area Program Requirements Agency Revised Rule 10 NCAC 18W .0215 - Division Requirements Agency Revised Rule 10 NCAC 18W .0218 - Contested Case Hearings Agency Revised Rule 04/17/97 RRC Objection 01/16/97 Obj. Removed 02/20/97 RRC Objection 01/16/97 Obj. Removed 02/20/97 RRC Objection 01/16/97 Obj. Removed 02/20/97 RRC Objection 01/16/97 Obj. Removed 02/20/97 RRC Objection 01/16/97 Obj. Removed 02/20/97 RRC Objection 01/16/97 Obj. Removed 02/20/97 RRC Objection 01/16/97 Obj. Removed 02/20/97 INSURANCE 11 NCAC 12 .1702 - Viatical Settlement Providers Agency Revised Rule DEPARTMENT OF JUSTICE Criminal Justice Education & Training Standards Commission 12 NCAC 98 .0102 - Background Investigation BOARD OF MJRSENG 21 NCAC 36 .0320 - Students Agency Revised Rule BOARD OF PHARMACY RRC Objection Obj. Removed RRC Objection RRC Objection Obj. Removed 03/20/97 04/1 7/97 04/17/97 03/20/97 04/17/97 21 NCAC 46 .1317- Definitions Agency Revised Rule 21 NCAC 46 .1410 - Personnel RRC Objection Obj. Removed RRC Objection 03/20/97 04/17/97 03/20/97 2146 NORTH CAROLINA REGISTER May 15, 1997 11:28 RULES REVIEW COMMISSION ) Agency Revised Rule Obj. Removed 04/17/97 21 NCAC 46 .1411 - Responsibilities of the Pharmacist-Manager RRC Objection 03/20/97 Agency Revised Rule Obj. Removed 04/17/97 21 NCAC 46 . 1412 - Physical Requirements RRC Objection 03/20/97 Agency Revised Rule Obj. Removed 04/17/97 21 NCAC 46 .1414 - Drug Distribution and Control RRC Objection 03/20/97 Agency Revised Rule Obj. Removed 04/17/97 21 NCAC 46 . 1415 - Medication in Health Care Facility Emergency Departments RRC Objection 03/20/97 Agency Revised Rule Obj. Removed 04/17/97 21 NCAC 46 .1416 - Repackaging RRC Objection 03/20/97 Agency Revised Rule Obj. Removed 04/17/97 21 NCAC 46 . 1604 - Transfer of Permits Allowed RRC Objection 03/20/97 Agency Revised Rule Obj. Removed 04/17/97 21 NCAC 46 .1703 - Drugs to Be Dispensed RRC Objection 03/20/97 Agency Revised Rule Obj. Removed 04/17/97 21 NCAC 46 .2611 - Medical Equipment RRC Objection 03/20/97 Agency Revised Rule Obj. Removed 04/17/97 TRANSPORTATION Division of Motor Vehicles 19A NCAC 3J .0306 - Course of Instruction Agency Revised Rule 19A NCAC 3J .0307 - Student Requirements Rule Returned to Agency 19A NCAC 3J .0308 - Reports to be Submitted Agency Revised Rule RRC Objection 02/20/97 Obj. Removed 03/20/97 RRC Objection 02/20/97 03/20/97 RRC Objection 02/20/97 Obj. Removed 03/20/97 11:28 NORTH CAROLINA REGISTER May 15, 1997 2147 CONTESTED CASE DECISIONS 1 his Section contains the full text ofsome of the more significant Administrative Law Judge decisions along with an index to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. ( OmCE OF ADMINISTRATIVE HEARINGS Chief Administrative Law Judge JULIAN MANN, III Senior Administrative Law Judge FRED G. MORRISON JR. ADMINISTRA TIVE LAW JUDGES Brenda B. Becton Sammie Chess Jr. Beecher R. Gray Meg Scott Phipps Robert Roosevelt Reilly Jr. Dolores O. Smith Thomas R. West AGENCY CASE NUMBER ALJ DATE OF DECISION PUBLISHED DECISION REGISTER CITATION ADMINISTRATION Douglas J. Register v. Deparlmem of Adminislraiion Purchase and Contract Budd Seed. Inc. v. Department of Administration ALCOHOLIC BEVERAGE CONTROL COMMISSION Osama Arafat Sadar v. AJcoholic Beverage Control Commission Alcoholic Beverage Control Commission v James Eads Sprowles Cole Entertainment, Inc. v. Alcoholic Beverage Control Commission Fuad Saif Murshed v. Ale. Bev, Ctl. Comm. & Durham Mem. Bapt. Ch. Alcoholic Beverage Control Commission v Tremik. Inc City of Raleigh v. Alcoholic Beverage Control Commission and Marshall Stewart. IH, Robert David Park, and Park Stewart Inc. Alcoholic Beverage Control Commission v. Maria Virginia Tramontano Alcoholic Beverage Control Commission v, Huffman Oil Co., Inc Pinakin P. Talaie v Alcoholic Beverage Control Commission Alcoholic Beverage Control Commission v Entrepreneur. Inc. Alcoholic Beverage Control Commission v Zell, Inc. Alcoholic Beverage Control Commission v Henry Franklin Gurganus Andrew Parker v. Alcoholic Beverage Control Commission Barraq Sabri Alquza v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Comm. v. Partnership T/A T & L Groceries Alcoholic Beverage Control Commission v Cashion's Food Mart, Inc, Alcoholic Beverage Control Commission v. E K.'s n. Inc. Carl E. Collins Bro Bee. Inc. v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Commission v, Donald Ray Doak Alcoholic Beverage Control Commission v. Janice Lorraine Jeter Alcoholic Beverage Control Commission v. Well Informed. Inc. Alcoholic Beverage Control Commission v. Kubbard, Inc Alcoholic Beverage Control Commission v. Stemmermans's. Inc. 96DOA0172 96DOA028I Reilly Chess 08/16/96 09/19/96 95 ABC 0721 Gray 07/09/96 95 ABC 0883*' Gray 07/10/96 95 ABC 0917 West 08/21/96 I1;I2NCR 1027 95 ABC 0922 Chess 04/24/96 95 ABC 0925 Morrison 03/25/96 95 ABC 1143 Morrison 11/08/96 11:17 NCR 1362 95 ABC 1200 West 04/23/96 95 ABC 1251 West 04/03/96 11:03 NCR 166 95 ABC 1329 West 04/10/96 95 ABC 1363 Reilly 05/02/96 95 ABC 1366 West 06/17/96 95 ABC 1389 West 04/01/96 95 ABC 1402 Phipps 03/27/96 95 ABC 1424 Phipps 04/03/96 95 ABC 1443 West 03/26/96 95 -ABC 1444 Gray 03/13/96 95 />iBC 1458 Chess 08/12/96 95 ABC 1480 West 04/15/96 95 ABC 1488 West 03/29/96 96 ABC 0013 Reilly 04/26/96 96 ABC 0016 Chess 05/28/96 96 ABC 0017 Reilly 05/20/96 96 ABC 0018 Chess 05/28/96 2148 NORTH CAROLINA REGISTER May 15, 1997 11:28 CONTESTED CASE DECISIONS AGENCY George Wright and Alice Ramsuer v. Alcoholic Beverage Control Comm. Alcoholic Beverage Control Commission v. Bayron Green Alcoholic Beverage Control Commission v. Circle K Stores, Inc. Alcoholic Beverage Control Commission v. Robert Montgomery McKnight Alcoholic Beverage Control Commission v. Cadillacs Discotheque, Inc Gerald Audry Sellars v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Commission v. Jacqueline Robin Anthony Alcoholic Beverage Control Commission v. Factory Night Club. Inc. Alcoholic Beverage Control Commission v. C.N.H. Enterprises, Inc Alcoholic Beverage Control Commission v, Millicent J. Green Ghassan Hasan Issa v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Commission v. Abdelhakeem Muraweh Saleh Alcoholic Beverage Control Commission v. Triangle Drive-In Alcoholic Beverage Control Commission v. Beroth Oil Company Alcoholic Beverage Control Commission v. Beroth Oil Company Alcoholic Beverage Control Commission v Beroth Oil Company Alcoholic Beverage Control Commission v Beroth Oil Company Alcoholic Beverage Control Commission v Giles Rozier Alcoholic Beverage Control Commission v. Clifton Franklin Smith Alcoholic Beverage Control Comm. v. Crown Central Petroleum Corp Dilthra Smith Patton v Alcoholic Beverage Control Commission Virginia Caporal v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Commission v James Eads Sprowles Alcoholic Beverage Control Commission v. Chae Ypo Chong Alcoholic Beverage Control Conunission v. Albert S. Carter Alcoholic Beverage Control Commission v. Taleb Abed Rahman Alcoholic Beverage Control Comm. v. Centergrove Entertainment Ent Michael L. Harris D/B/A Big House Inc. v. Alcoholic Beverage Control Joseph Marcel Etienne v Alcoholic Beverage Control Commission Alcoholic Beverage Control Commission v. Jesse Smith Alcoholic Beverage Control Commission v. Winn Dixie Charlotte. Inc. Alcoholic Beverage Control Commission v. Winn Dixie Charlotte, Inc Louis Corpening v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Commission v Joyce N. Capra HARB Inc v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Commission v. Mutaz Mohammed Alcoholic Beverage Control Commission v. Warner Enterprises, Inc. Alcoholic Beverage Control Commission v. James Ramsey, Jr. Alcoholic Beverage Control Commission v. Russell Bernard Speller Alcoholic Beverage Control Commission v Anthony Ralph Cecchini, Jr Alcoholic Beverage Control Comm. v Ptnrshp.T/A Blue Front Groc. Alcoholic Beverage Control Comm. v. Crown Central Petroleum Corp Alcoholic Beverage Control Commission v. Anthony Jerome Foster Alcoholic Beverage Control Comm. v. Park Entertainment, Inc. Loinax Brooks v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Comm. v. Larry's Famous Bar, Inc. COMMISSION FOR AUCTIONEERS John W. Foster v. Auctioneer Licensing Board Barry G York v Auctioneer Licensing Board CASE DATE OF PUBLISHED DECISION NUMBER ALJ DECISION IIEQISTERCITATIQN 96 ABC 0058 Becton 04/16/96 96 ABC 0097 Becton 08/23/96 96 ABC 0134 Gray 11/06/96 96 ABC 0135 Phipps 05/09/96 96 ABC 0136 Phipps 12/04/96 96 ABC 0160 Becton 06/25/96 1 1 :08 NCR 564 96 ABC 0184 Phipps 05/09/96 96 ABC 0226 Phipps 08/02/96 96 ABC 0232 Becton 07/09/96 96 ABC 0234 Smith 06/13/96 96 ABC 0256 Morrison 05/23/96 96 ABC 0381 Chess 08/27/96 96 ABC 0443 Reilly 06/11/96 96 ABC 0447 Morrison 08/30/96 I1;13NCR 1085 96 ABC 0448 Morrison 08/30/96 96 ABC 0449 Morrison 08/30/96 96 ABC 0450 Morrison 08/30/96 96 ABC 0473 Morrison 09/19/96 96 ABC 0474 Reilly 08/12/96 96 ABC 0482 Morrison 10/18/96 96 ABC 0505 Morrison 08/06/96 96 ABC 0507 Becton 10/04/96 96 ABC 0526*' Gray 07/10/96 96 ABC 0530 Morrison 10/29/96 96 ABC 0534 Morrison 08/05/96 96 ABC 0551 West 11/14/96 96 ABC 0583 Reilly 08/12/96 96 ABC 0680 Phipps 02/12/97 96 ABC 0718 Phipps 10/17/96 96 ABC 0804 Gray 11/19/96 96 ABC 0858 Morrison 11/21/96 96 ABC 0859 Morrison 11/21/96 96 ABC 0985 Gray 09/26/96 96 ABC 1060 Reilly 11/15/96 96 ABC 1124 Phipps 10/23/96 96 ABC 1181 Chess 02/13/97 96 ABC 1315 Gray 01/30/97 11:23 NCR 1801 96 ABC 1317 Gray 02/03/97 96 ABC 1394 Smith 12/20/96 96 ABC 1420 Becton 02/28/97 96 ABC 1469 Smith 12/09/96 96 ABC 1584 Gray 02/12/97 96 ABC 1587 Reilly 01/29/97 96 ABC 1928 Smith 02/06/97 96 ABC 1930 Gray 03/21/97 96 ABC 2095 Phipps 04/21/97 11:28 NCR 2165 96CFA0201 Phipps 05/06/96 96 CFA 0297 Smith 10/18/96 DEPARTMENT OF COMMUNITY COLLEGES James E. Price, Sr. v. Central Carolina Community College, DCC DEPARTMENT OF CORRECTION 97 DCC 2035 Morrison 04/15/97 James J. Lewis v Department of Correction AMERIMARK. Inc. v Department of Correction Joseph Phillip Smith v. Department of Correction Maurice Crovell v. Department of Correction CRIME CONTROL AND PUBLIC SAFETY Roland Lee Kelly, Jr v United Family Services, Victim Assistance/Crime Victims Compensation Comm. Robert F. Bronsdon v. Crime Victims Compensation Commission Helen B Hunter-Reid v Crime Victims Compensation Commission Deborah C. Passarelli v. Crime Victims Compensation Commission Kenneth Saunders v Victims Compensation Commission Franklin McCoy Jones v. Crime Victims Compensation Commission Ruby H- Ford v. Crime Victims Compensation Commission 96 DOC 0772 West 09/05/96 97 DOC 0040 Morrison 04/17/97 97 DOC 0109 Morrison 04/15/97 97 DOC 0185 Phipps 04/22/97 95 CPS 0568 Morrison 05/29/96 95 CPS 1216 Chess 05/28/96 95 CPS 1336 Smith 03/29/96 11:02 NCR 93 95 CPS 1399 Reilly 07/18/96 1 1 :09 NCR 814 95 CPS 1445 Chess 03/26/96 96 CPS 0056 Smith 07/03/96 96 CPS 01 10 Reilly 04/18/96 11:28 NORTH CAROLINA REGISTER May 15, 1997 2149 CONTESTED CASE DECISIONS AGENCY Manuel Cervantes v. Viciims Compensalion Fund Sheila Carol Blake v Viciims Compensation Commission James T- Mungo v Victims Compensation Commission Jerome Crutchfield v. CPS. Victims Compensation Commission William Theodore Frazier v. Crime Victims Compensation Commission Emma Coble v Crime Victims Compensation Commission Donna Williams v Crime Victims Compensation Commission Daisy Reid v Crime Victims Compensation Commission Earlie McLaurin, Jr, Delano McLaurin, Sr v. Crime Victims Comp Comm Anthony P Dawkins v. Crime Victims Compensation Commission Judy Worley Milam v. Crime Victims Compensation Commission James A. Cherry v. Crime Control & Public Safety Shirley M, King v. Crime Victims Compensation Mark Matthews for Child Victim v. Crime Victims Compensation Comm. Clara Durham v Victims Compensation George Battle, Jr v. Crime Control & Public Safety Larry McLeod v Crime Victims Compensation Commission Shawn P Saddler v Victims Compensation Commission Ricky Cleveland v Crime Victims Compensation Commission Melvin Lewis Huntley v. Victims Compensation Commission David Carl Anderson v. Crime Victims Compensation Commission Ronald Richardson v. Crime Victims Compensation Commission Douglas Alan West v. Crime Victims Compensation Commission Sandra Ray Weden v. Victim's Compensation Commission Alton R. Simmons v. Crime Victims Compensation Commission CASE DATE OF PUBLISHED DECISION ?««;mber ALJ DECISION REGISTER CITATION 96 CPS 0118 Chess 03/19/96 96 CPS 0280 West 07/10/96 96 CPS 0333 Reilly 07/09/96 96 CPS 0340 Phipps 09/05/96 96 CPS 0435 Chess 08/22/96 96 CPS 0468 Chess 09/25/96 96 CPS 0493 Morrison 06/13/96 96 CPS 0499 West 11/18/96 96 CPS 0639 West 01/21/97 96 CPS 0716 Reilly 08/16/96 96 CPS 0717 Gray 11/21/96 96 CPS 0793 Phipps 01/17/97 96 CPS 0802 West 08/08/96 96 CPS 0832 Becton 08/20/96 96 CPS 0906 Phipps 09/23/96 96 CPS 1006 Phipps 01/17/97 96 CPS 1073 Smith 03/14/97 96 CPS 1109 Morrison 01/02/97 96 CPS 1174 Chess 03/06/97 96 CPS 1211 Gray 04/16/97 11:28 NCR 2169 96 CPS 1409 Smith 11/25/96 96 CPS 1729 Becton 04/16/97 96 CPS 1888 West 01/03/97 97 CPS 0072 Phipps 03/11/97 97 CPS 0091 Becton 04/17/97 ( ENVIRONMENT, HEALTH, AND NATURAL RESOURCES Gribble & Assoc. & Four Seasons Car Wash v. EHNR Webster Environmental Inc v, EHNR, Asbestos Hazard Mgmt Branch Wilton Evans v. Environment. Health, & Natural Resources David Martin Shelton v, Rockingham County Dept/Public Health, EHNR Kinston Urological Associates, PA, v. N C. Cancer Program Kinston Urological Associates, PA. v. N.C. Cancer Program Elsie & Tony Cecchini v. Environment, Health, & Natural Resources United Organics Corporation v. Environment, Health, & Natural Res. Gerald Mac Clamrock v. Environment. Health, & Natural Resources Phillip T Goetz V. Carteret County Health Center John Milazzo v Environment, Health, & Natural Resources Daniel Bordeaux. Coast Wastewater Op. v Env.. Health, & Nat. Resources Wayne Marshall. Pres. Metro Area Dev . Inc v EHNR Joel B. Patterson v. Environment, Heallth. & Natural Resources David J Mohn v. Environment, Health. & Natural Resources Robert D. Smith v. Brunswick County Health Dept.. Bolivia. NC Frederick Albritton and wife Peggy S. Albritton v. EHNR Elizabeth Shepard Covin v. Environment, Health. & Natural Resources The Papco Group. Inc. v. Forsyth County Environmental Affairs Dept Reuben Massey v Environment. Health, and Natural Resources Joseph London v Environment. Health, and Natural Resources Gregory S, and Kimberly C. Maloney v. Environment. Health. & Nat. Res. 95 EHR 0576 Gray 04/25/96 95 EHR 0647 Becton 01/24/97 95 EHR 0843 Reilly 07/17/96 95 EHR 0941 West 05/01/96 95 EHR 1198*- Smith 03/27/96 1 1 :02 NCR 97 95 EHR 1199*- Smith 03/27/96 11:02 NCR 97 95 EHR 1240 Reilly 04/22/96 96 EHR 0064 Smith 07/01/96 96 EHR 0168 Phipps 05/06/96 96 EHR 0596 Smith 01/23/97 96 EHR 0644 Reilly 08/13/96 96 EHR 0751 Gray 04/21/97 96 EHR 0826 West 10/01/96 96 EHR 0846 Reilly 04/22/97 11:28 NCR 2175 96 EHR 0947 Smith 10/04/96 96 EHR 1057 Chess 02/04/97 96 EHR 1126 Reilly 04/02/97 1 1 :27 NCR 2097 96 EHR 1258 Becton 01/14/97 96 EHR 1293 Chess 02/17/97 96 EHR 1301 Reilly 12/18/96 96 EHR 1397 Reilly 12/10/96 97 EHR 0171 Chess 04/02/97 Coastal Resources Martin W Synger v Division of Coastal Management J E, Smith Construction Co. v Division of Coastal Management Theodore D Barris v. Town of Long Beach. NC & Coastal Mgmt. EHNR Town of Sunset Beach v. EHNR. Division of Coastal Management 95 EHR 1006 Chess 05/13/96 96 EHR 0074 Smith 02/23/96 96 EHR 0277 West 05/09/96 96 EHR 1112 Becton 03/26/97 11:26 NCR 2045 Environmental Health Forest Gate Motel v. Environment. Health, and Natural Resources Paradise Ridge Home Owners by Anne Norburn v. EHNR, Env. Health Zack Diakogiannis v. EHN'R. Division of Environmental Health 96 EHR 0076 West 06/17/96 96 EHR 0162 Phipps 05/06/96 96 EHR 0768 Gray 01/08/97 Environmental Management Frank A. Corriher & Sons Well Drilling, Inc. v. Env. Mgmt . EHNR North Buncombe Assoc of Concerned Citizens v. Env. Mgmt. EHNR Ford Motor Company v. EHNR, Division of Environmental Management Herman E. Smith v. Division of Environmental Management Lake Summit Property Owners Assoc, v. EHNR. Environmental Mgmt. Conover Lumber Co., Inc. v EHNR, Division of Environmental Mgmt. City of Reidsville, a Municipal Corp. v. EHNR, Environmenml Mgmt. 95 EHR 0048 Phipps 09/20/96 11:14 NCR 1191 95 EHR 0108 Chess 02/03/97 11:24 NCR 1866 95 EHR 0588 Smith 12/20/96 95 EHR 0962 West 04/30/96 95 EHR 1022 Reilly 12/30/96 95 EHR 1081 Reilly 04/12/96 95 EHR 1335 Gray 10/01/96 11:15 NCR 1249 2750 NORTH CAROLINA REGISTER May 15, 1997 11:28 CONTESTED CASE DECISIONS AGENCY Jack West d/b/a Jack West Tree Service v. Environmenial Mgmt. Comm. The Smiihfield Packing Co., Inc., v. EHNR. Environmental Mgmt. and Citizens for Clean Industry. Inc. and Bladen Environment Commscope. Inc. v. EHNR, Division of Environmental Management Stephen L. Reedy v. EHNR, Division of Environmental Management Rayco Utilities, Inc. v. EHNR, Division of Environmental Management Clover M
Object Description
Description
Title | North Carolina register |
Date | 1997-05-15 |
Description | Vol. 11, issue 28 (May 15, 1997) |
Publisher | Raleigh, N.C. : Office of Administrative Hearings |
Digital Characteristics-A | 126 p.; 6.47 MB |
Digital Format | application/pdf |
Pres File Name-M | pubs_serial_ncregister19970515.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_serial_ncregister\images_master |
Full Text |
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NORTH CAROLINA
REGISTER
VOLUME 11 ISSUE 28 • Pages 211^ - 2177
l^y 15, 1997
Y
PUBLISHED BY
The Office ofAdministrative Hearings
Rules Division
PO Drawer 27447
Raleigh, NC27611-7447
Telephone (919) 733-2678
Fax (919) 733-3462
mTHIS ISSUE
Ex«:ative Orders
NPBES Penrats
WSdIife Resources Comniission Proclam^iott
Auctioneers, Commissioti for
En\%'ODm0Bt; Healthy ami Natural Resources
General Contractors, Licensing Board
Housings Finance Agency
ffui^aa Resources :-i.»..-.»>,»>>,>,>>»>^>
Nursing, Board of
List ofRules Codified
Ru^ Review ConuBisatOn
Contested Case Decisions
This publication is printed on permanent, acid-free paper in compliance with G.S. ]25-11. J
3
NORTH CAROLINA
REGISTER
IN THIS ISSUE
I. EXECUTIVE ORDERS
Executive Orders 109-111 2113
n. IN ADDITION
Environment, Health, and Natural Resources
NPDES Permits
Wildlife Resources Commission Proclamation
III. RULE-MAKING PROCEEDINGS
Licensing Boards
General Contractors, Licensing Board
2115-2116
2114
2117
Volume 11, Issue 28
Pages 2113 - 2177
May 15, 1997
This issue contains documents officially filed
through April 24, 1997.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
PO Drawer 27447
Raleigh, NC 27611-7447
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
James R. Scarcella Sr., Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Jean Shirley, Editorial Assistant
Linda Richardson, Editorial Assistant
IV. PROPOSED RULES
Environment, Health, and Natural Resources
Environmental Management 2121 - 2123
Water Pollution Control System Operations
Certification Commission 2123 - 2129
Human Resources
Medical Assistance 21 18 - 2121
Independent Agencies
Housing Finance Agency 2132 - 2133
Licensing Boards
Auctioneers, Commission for 2129 - 2130
Nursing, Board of 2130 - 2132
V. LIST OF RULES CODIFIED 2134 - 2143
VI. RULES REVIEW COMMISSION 2144 - 2147
VH. CONTESTED CASE DECISIONS
Index to AU Decisions 2148 - 2164
Text of Selected Decisions
96 ABC 2095 2165 - 2168
96CPS 1211 2169-2170
96 EHR 0649 2171 - 2174
96 EHR 0846 2175 - 2176
Vm. CUMULATIVE INDEX 1-49
Digitized by tine Internet Archive
in 2011 witii funding from
University of Nortii Carolina at Chapel Hill
http://www.archive.org/details/northcarolinareg1128nort
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