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Kf-kj/n^i (az Ito NORTH CAROLINA IN THIS ISSUE Volume 1 1 f Issue 9 Pages 568 - 8 1 6 August 1 , 1 996 This issue contains documents officially filed through July 11, 1996. 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 Teresa Kilpatrick, Editorial Assistant Jean Shirley, Editorial Assistant Linda Richardson, Editorial Assistant F ' ^i I. '4S ADDITION C?5^ Environment ^Health,: and Natural Resources E^iyisiqn of Water Quality 590-795 * fiTIRULE-MAKING AGENDA ^Labor n ' ~} ETvETT —^- J i^lX. /-i ^ X,' 568 III. RULE-MAKING PROCEEDINGS Administrative Hearings Rules Division 570 Commerce Community Assistance 569 Departmental Rules 569 Human Resources Medical Assistance 569 - 570 IV. PROPOSED RULES Administrative Hearings Hearings Division 588-589 Community Colleges Community Colleges 585-588 Miscellaneous Programs 588 Environment, Health, and Natural Resources Coastal Management 575 Environmental Management 572 - 575 Health Services 576 Human Resources Child Day Care Commission 571 - 572 Licensing Boards General Contractors 583 - 585 Public Education Public School Administration 576 - 582 Revenue Corporate Income and Franchise Tax 582 - 583 V. LIST OF RULES CODIFIED 796 VI. RULES REVIEW COMMISSION 797-801 VII. CONTESTED CASE DECISIONS Index to ALI Decisions 802-809 Text of Selected Decisions 92 DST 1066 810-813 95 CPS 1399 814-815 VIII. CUMULATIVE INDEX 1 23 ) to I £ 8 .2 r- r^ r- r^ r- r- p- r- r- r~ r- r- r- r- r- r^ ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON o o o © © © o © o o © © o o © © en en m tn m m en en en m en en en en en en a 9 iii s o o o © o © © © © o o o o o © © a. 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O f '5 e -a 1 -a u oB i) •- ed a. = Bc Q. Ec a e 53 1 (T* z V cH< 'J-: U u J -C 03 3 3 a. 0. M u IT: M =H ejj B O 3 3o o o "3 o 8 a e Is < u 03 r< u u o z £ <N - O >> — ° M 2— Uo s,- 13 -in _gj "o 5 QJ O CJ </) «•: §.§ - E-es 3 =* 3 — 0. o r- —a cz - uZ rt 5 "O 00 c O., nen"^ 1 ~ ° e OS JO o m j3 2*O n « B p ~ en 5 Ri U "2 < U r- 3 a j= -5 o. .a RULE-MAKING AGENDA An agency may choose to publish a rule-making agenda which serves as a notice of rule-making proceedings if the agenda includes the information required in a notice of rule-making proceedings. The agency must accept comments on the agenda for at least 60 days from the publication date. Statutory reference: G.S. 150B-21.2. TITLE 13 - DEPARTMENT OF LABOR CHAPTER 7 - OSHA SUBJECT: Amending current construction standards to require grounding of deenergized transmission and distribution lines and equipment to protect employees from electrocution. RULE CITATION: 13 NCAC 07F .0201 (which will amend 29 CFR 1926.950) STATUTORY AUTHORITY: G.S. 95-4; 95 131 DIVISION: Division of Occupational Safety and Health/NC Dept of Labor DIVISION CONTACT/TELEPHONE: Jill F. Cramer/ (919)662-4581 or 1-800-LABORNC TYPE OF RULE: Amendment to current standard STAGE OF DEVELOPMENT: Concept stage GOV LEVELS AFFECTED: Only employers that engage in the construction of electric transmission and distribution lines would be affected by this amendment. The only known state entities that would be affected are the universities within the UNC System that have their own co-generation plants, the University of North Carolina and Appalachian State University (New River Power & Light), and a transmission plant at Western Carolina University. REASON FOR ACTION: To protect construction employees from known sources of electrocution. SCOPE/NATURE/SUMMARY: This will be an amendment to the current Subpart V, Power Transmission and Distribution, of Part 1926 to provide more protection to employees working with deenergized parts by requiring grounding of the deenergized part instead of or in addition to using insulated tools. CITATION TO EXISTING RULE AFFECTED: Unknown. 11:9 NORTH CAROLINA REGISTER August 1, 1996 568 RULE-MAKING PROCEEDINGS A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must publish a notice of the subject matter for 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 be found 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 be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 150B-21.2. TITLE 4 - DEPARTMENT OF COMMERCE CHAPTER 1 - DEPARTMENTAL RULES A Jotice of Rule-making Proceedings is hereby given by 1 V the North Carolina Department of Commerce in accor-dance with G.S. 150B-21.2. The agency shall subsequently publish in the Register the text 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: 4 NCAC IE, IF, 1H, II, U, and IK. Other rules may be proposed in the course of the rule-making process. Authority for the rule-making: G.S. 105-130.40; 105- 151.17; 143B-320, 428-437A, 472.30; 159C-3-8 Statement of the Subject Matter: These Rules govern the procedures and criteria of the Industrial and Pollution Control Revenue Bonds program; delineate the goals and policies of the Basic Building program; set out Private Activity Bond Volume Capacity proceedings; and indicate detailed activities and responsibilities of the Industrial Development Fund, the Jobs Tax Credit program, the economic development category for the Community Develop-ment Block Grant (CDBG) program, and the Business Energy Loan program. Reason for Proposed Action: This proposed action is necessary due to statutory changes, revisions brought on by administration of the various affected programs over time, and corrective changes. Comment Procedures: The Department of Commerce will accept written comments regarding this proposed action until 5 PM, September 30, 1996. Comments should be directed to: Mr. Stewart Dickinson, Commerce Finance Center, 301 N. Wilmington Street, PO Box 29571, Raleigh, NC 27626- 0571. ****************** CHAPTER 1 - DEPARTMENTAL RULES CHAPTER 19 - DIVISION OF COMMUNrTY ASSISTANCE ATotice q,>/ Rule-making Proceedings is hereby given by the Department of Commerce, Division of Commun Assistance in accordance with G.S. 150B-21.2. The agen shall subsequently publish in the Register the text oft rule(s) it proposes to adopt as a result of this notice of ml making proceedings and any comments received on tf notice. Citation to Existing Rules Affected by this Rule-Makin 4 NCAC OIK .0501 - .0506; 19L .0401, .0403 - .040 .0407, .0501 - .0502, .0505, .0802, .0805, .0901, .0901 .0907, .0911, .1002, .1004, .1009, .1011, .1301 - .130 .1701 -.1703, .1801 - .1805, .1900. Other rules may proposed in the course of the rule-making process. Authority for the rule-making: G.S. 143B-10; 143B-4. Statement of the Subject Matter: Changes in rules J administering variousfunding categories in the Small Citi Community Development Block Grant Program. New ml for administering the Section 108 CDBG Loan Guarant Program, authorized by House Bill 361 (new Rule 4 NC/ IK .0501 - .0506 and 4 NCAC 19L . 1801 - . 1805). Nt rules for administering the Lead-based Paint Haza Reduction Grant program , and related certification requir by HUD as a condition of under this program. Reason for Proposed Action: The proposed action necessary to enable the Division of Community Assistance implement the Community Development Block Grant Pr gram in accordance with U. S. Department of Housing a Urban Development (HUD) regulations, the HUD-approv CDBG Action Plan for 1996, and the CDBG Block Grc Plan approved by the General Assembly in June 1995, a the CDBG Loan Guarantee program authorized by General Assembly in House Bill 361. Comment Procedures: Oral or written comments will accepted until September 30, 1996. Written commer should be sent to Bill McNeil, Director, Division of Comrr nity Assistance, P.O. Box 12600, Raleigh, NC 27605 -26C Oral comments should also be directed to Bill McNeil (919) 733-2850. TITLE 10 - DEPARTMENT OF HUMAN RESOURCES CHAPTER 26 - MEDICAL ASSISTANCE 569 NORTH CAROLINA REGISTER August 1, 1996 11:9 RULE-MAKING PROCEEDINGS A Jotice of Rule-making Proceedings is hereby given by [Y the DHR - Division of Medical Assistance in accor-dance with G.S. 150B-21.2. The agency shall subsequently ublish in the Register the text of the rule(s) it proposes to idopt as a result of this notice of rule-making proceedings ind any comments received on this notice. Station to Existing Rules Affected by this Rule-Making: !0 NCAC 26H .0602. Other rules may be proposed in the •ourse of the rule-making process. Authority for the rule-making: 54; 108A-55; S.L. 1985, c. 479, G.S. 108A-25(b); 108A- ;. 86; 42 C.F.R. 440.70 tatement of the Subject Matter: The proposed rule hanges the methodology used to establish maximum rates 'or Home Health services. The proposed rule establishes the trior year's level the maximum per visit reimbursement rates or Home Health services in fiscal year ended June 30, '997. leason for Proposed Action: This action is based on a tudy conducted by the Division of Medical Assistance and esults in the prospective rates being more nearly aligned to tverage industry cost. The proposed change will result in innual savings of approximately 1. 7 million dollars to the Medicaid program. Comment Procedures: Written comments concerning this Tile-making action must be submitted by September 30, 1996 o Portia Rochelle, APA Coordinator, Division of Medical issistance, 1985 Umstead Drive, Raleigh, NC 27603. TITLE 26 - OFFICE OF ADMINISTRATIVE HEARINGS CHAPTER 2 - RULES DIVISION A Jotice of Rule-making Proceedings is hereby given by L V the Office of Administrative Hearings in accordance vith G.S. 150B-21.2. The agency shall subsequently publish n the Register the text of the rule(s) it proposes to adopt as r result of this notice of rule-making proceedings and any 'omments received on this notice. Citation to Existing Rules Affected by this Rule-Making: !6 NCAC 2C Other rules may be proposed in the course >f the rule-making process. Authority for the rule-making: G.S. 150B-21.17; 150B- 11.19 Statement of the Subject Matter: The rules in this ubchapter govern the requirements for submission of iocuments and rules to be published in the NC Register and he NC Administrative Code and the requirements for submission of temporary rules reviewed by the Codifier of Rules. Reason for Proposed Action: 1. To correct inconsisten-cies within the rules and to make technical corrections identified after the April 1 , 1996 effective date. 2. To adopt a rule that sets out the criteria to waive a publication submission requirement contained in an OAH rule. 3. To adopt rules that establish standards and fees for both agencies and other interested persons who request publica-tion of discretionary notices in the NC Register under G.S. 150B-21. 17(a)(6). 4. To adopt a rule to interpret a "recent act" of the General Assembly as that term is used in G.S. 150B-21. 1(a)(2) in the temporary rule review procedure under G.S. 150B-21.1. Comment Procedures: Comments regarding this notice should be directed to: Anna Baird, Rule-making Coordina-tor, Office of Administrative Hearings, PO Drawer 27447, Raleigh, NC 27611-7447. Comments must by received in OAH by 5:30 pm on September 30, 1996. 11:9 NORTH CAROLINA REGISTER August 1, 1996 570 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. The agency must accept comments on the proposed rule for at least 30 days from th 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. i TITLE 10 - DEPARTMENT OF HUMAN RESOURCES Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Child Day Care Commission intends to amend rule cited as 10 NCAC 3U .0604. Notice of Rule-making Proceedings was published in the Register on May 1 , 1996. Proposed Effective Date: April 1, 1997 A Public Hearing will be conducted at 4:00 - 8:00 p. m. on September 4, 1996 at the Division of Child Development , 319 Chapanoke Road, Suite 120, Room 300, Raleigh, NC 27603. Reason for Proposed Action: Clarification is needed regarding when protrusions on child day care facility fencing may be allowed. Comment Procedures: Comments may be presented in writing any time before or at the public hearing or orally at the hearing. Tune limits for oral remarks may be imposed by the Commission Chairman. Any person may request copies of these Rules by calling Jeanne Marlowe, Division of Child Development, 319 Chapanoke Road, Suite 120, Raleigh, NC 27603, (919) 662-4527. Fiscal Note: This Rule does not affect the expenditures or revenues of state or local government funds. This Rule does not Itave a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. CHAPTER 3 - FACILITY SERVICES SUBCHAPTER 3U - CHILD DAY CARE STANDARDS SECTION .0600 - SAFETY REQUD*EMENTS FOR DAY CARE CENTERS .0604 GENERAL SAFETY REQUHtEMENTS (a) Potentially hazardous items, such as firearms and ammunition, hand and power tools, nails, chemicals, lawn mowers, gasoline or kerosene, archery equipment, propane stoves, whether or not intended for use by children, shall be stored in locked areas or with other appropriate safeguards, or shall be removed from the premises. (b) Electrical outlets not in use which are located in space used by the children shall be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. (c) Electric fans shall be mounted out of the reach children or shall be fitted with an appropriate mesh guard prevent access by children. (d) All small electrical appliances shall be used only accordance with the manufacturer's instructions. (e) Electrical cords shall not be accessible to infants a toddlers. Extension cords, except as approved by the loc fire inspector, shall not be used. Frayed or cracked electric cords shall be replaced. (f) All materials used for starting fires, such as match* and lighters, shall be kept in locked storage or shall be ston out of the reach of children. (g) Smoking shall not be permitted in space used I children when children are present. All smoking materia shall be kept in locked storage or out of the reach of childre: (h) Fuel burning heaters, fireplaces and floor furnaces sh; be provided with a protective screen attached securely substantial supports to prevent access by children and prevent objects from being thrown into them. (i) Plants that are toxic shall not be in indoor or outdoi space that is used by or is accessible to children. (j) The outdoor play area shall be protected by a fence other protection. The height shall be a minimum of four fe and the top of the fence shall be free of protrusions by Janua: 1, 1999. The requirement disallowing protrusions shall n apply to fences six feet high or above. The fencing sh exclude fixed bodies of water such as ditches, quarries, canal excavations, and fish ponds. Gates to the fenced outdoor pi area shall remain securely closed while children occupy i area. When the facility uses areas outside the fenced outdo play area for children's activities or takes children off t premises for play or outings, the parent of each child sh; give written permission for the child to be included in sui activities. The permission may be: (1) (2) (3) a one-time, blanket permission for all activities; a one-time, blanket permission for a specific activi at any time; or a one-time permission for a specific activity at designated time. The facility shall maintain the signed permission in the chile record. When children are taken off the premises, sb accompanying the children shall have a list of the names of children participating in the outing. (k) Air conditioning units shall be located so that they a not accessible to children or shall be fitted with a mesh gua to prevent objects from being thrown into them. (1) Gas tanks shall be located so they are not accessible the children or shall be in a protective enclosure or surround by a protective guard. (m) Cribs and playpens shall be placed so that the childr \ t. • 571 NORTH CAROLINA REGISTER August 1, 1996 11:9 PROPOSED RULES x;cupying them shall not have access to cords or ropes, such is Venetian blind cords. (n) Children shall not be allowed to play on outdoor squipment that is too hot to touch. (o) The indoor and outdoor premises shall be checked daily or debris, vandalism and broken equipment. Debris shall be emoved and disposed of appropriately. (p) The playground surface area shall be checked at least veekly to assure that surface material is maintained to assure jontinued resiliency. (q) Following completion of safety training by the adminis-rator or other staff person as required by Rule .0705(e) of his Subchapter, a monthly playground inspection shall be jonducted and a record of each inspection shall be completed, rhis staff person shall use a playground inspection checklist jrovided by the Division. The checklist shall be signed by the >erson who conducts the inspection and shall be maintained in he facility's files for review by a representative of the division. (r) Plastic bags, materials that can be easily torn apart such is Styrofoam and foam rubber, and toys and toy parts small :nough to be swallowed shall not be accessible to children inder three years of age. Authority G.S. 110-85(2); 110-91(3), (6); 143B-168.3. TITLE 15A - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES \~Totice is hereby given in accordance with G.S. 150B-21.2 V\ that the Environmental Management Commission intends o adopt rule cited as 15A NCAC 2B .0229. Notice of Rule-making Proceedings was published in the Register on May 1 , 1996. Proposed Effective Date: April 1, 1997 ^ Public Hearing will be conducted at 7:00 p. m. on Septem-ber 3, 1996 at the Pitt County Agricultural Center, 403 Government Circle, Greenville, NC, (919) 757-2800 and on September 5, 1996 at the Nash County Agricultural Center, Business 64, Nashville, NC, (919) 459-9811. Reason for Proposed Action: The Environmental Manage-ment Commission (EMC) gave the Division of Environmental Management staffpermission to proceed to public hearing on he nonpoint source offset requirements for wastewater dischargers in the Tar-Pamlico River Basin who are not members of the Tar-Pamlico Association. The proposed rule addition will require new and expanding wastewater discharg-irs not in the Association to pay for their additional nutrient 'oads by funding nonpoint source control programs. These payments will be required prior to issuance of the NPDES permit and at each renewal. Comment Procedures: You may submit comments, state-ments, data and other information in writing prior to, during or after the hearings, but no later than September 19, 1996. You may also present verbal comments at the hearings. The Hearing Officer may limit the length of time that you may speak so that all those who wish to speak may have an opportunity to do so. We encourage you to submit written comments. 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 dollars ($5,000,000) in a 12-month period. CHAPTER 2 - ENVIRONMENTAL MANAGEMENT SUBCHAPTER 2B - SURFACE WATER STANDARDS: MONITORING SECTION .0200 - CLASSIFICATIONS AND WATER QUALITY STANDARDS APPLICABLE TO SURFACE WATERS OF NORTH CAROLINA .0229 TAR-PAMLICO RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: NUTRIENT OFFSET PAYMENTS FOR NON-TAR-PAMLICO BASIN ASSOCIATION MEMBERS (a) All waters of the Tar-Pamlico River Basin have been supplementally classified nutrient sensitive waters (NSW) pursuant to 15A NCAC 2B .0223. Specific actions to prevent excessive growths of microscopic or macroscopic vegetation in the Tar-Pamlico River Basin are as described in the Phase D Tar-Pamlico NSW Implementation Strategy adopted by the Commission on December 8^ 1994. A copy of the Phase II Tar-Pamlico NSW Implementation Strategy is available, upon request, from the Division of Water Quality, P.O. 29535, Raleigh, NC 27626-0535. The following procedures are to be implemented in accordance with 15A NCAC 2B .0223 in all waters of the Tar-Pamlico River Basin for those wastewater dischargers who are not members of the Tar-Pamlico Basin Association. (b) Existing wastewater dischargers expanding to greater than 0.5 million gallons per day (MGD), who are not mem-bers of the Tar-Pamlico Basin Association, will be required to offset their additional nutrient loads by funding nonpoint source control programs approved by the Division of Water Quality prior to the issuance of their NPDES permit and at each renewal. Nitrogen and phosphorus loads will be offset at the rate of 1 10 percent of the cost to implement BMPs designed to reduce that same load created by expanding the discharge above 0.5 MGD. Equations for calculating the offset costs are: (1) For an existing facility with permitted flow of less than or equal to 0.5 MGD as of December 8^ 1994 expanding to greater than 0.5 MGD who is not a member of the Tar-Pamlico Basin Association: Payment = (( PI',, x (TN+TP) x 1 384)-(0 .5 \ 11:9 NORTH CAROLINA REGISTER August 1, 1996 572 PROPOSED RULES ill (TN + TP) x 1384)) x (BMP, x 1.1) where: Payment =_ the nutrient offset payment ($); PF. =, Permitted Row including expansion (MGD); TN ff. 6 mg/1 total nitrogen for domestic discharges or BAT for industrial discharges; TP =_ 1 mg/1 total phosphorus for domestic dis-charges or BAT for industrial discharges; 1384 jf_ conversion factor; 0.5 == the permitted flow (MGD) above which payment for additional nutrient loading is required; BMP, == Best Management Practice cost-effective-ness rate in $/kg; 1.1 ^_ 1 10 percent of the cost for the nonpoint source controls. For an expanding facility with a permitted flow of greater than or equal to 0.5 MGD as of December 8^ 1994 who is not a member of the Tar-Pamlico Basin Association: Payment = ((PF. x (TN + TP) x 1384HPF x (TN + TP) x 1384)) x (BMP,, x LJj where: Payment _^_ the nutrient offset payment ($); PF. = Permitted Flow including expansion (MGD); PF _^_ Permitted Flow as of December 8^ 1994 (MGD); TN ^_ 6 mg/1 total nitrogen for domestic discharges or BAT for industrial discharges; TP ^_ \_ mg/1 total phosphorus for domestic dis-charges or BAT for industrial discharges; 1384 = conversion factor; BMP Best Management Practice cost-effective-ness rate in $/kg; 1. 1 =_ 1 10 percent of the cost for the nonpoint source controls. The Best Management Practice cost-effectiveness rate (BMP.) represents the cost to achieve a reduction of one kilogram {]_ kg] of total nitrogen through the use of BMPs This rate is determined by the Director based on best available information (beginning in December 1994) and is updated every two years as deemed necessary by the Director. (c) New wastewater dischargers with permitted flows greater than or equal to 0.05 MGD, who are not members of the Tar-Pamlico Basin Association, will be required to offset their nutrient loads by funding nonpoint source control programs approved by the Division of Water Quality prior to the issuance of their NPDES permit and at each renewal. Nitrogen and phosphorus loads will be offset at the rate of 1 10 percent of the cost to implement BMPs designed to reduce that same loading created by the new discharge above 0.05 MGD. The equation for calculating the offset costs is: Payment = PF x (TN+TP) x 1384 x (BMP, x 1.1) where: Payment =_ the nutrient offset payment ($); PF = Permitted Flow (MGD); TN ^_ 6 mg/1 total nitrogen for domestic discharges or BAT for industrial discharges; XE =. I rng/l total phosphorus for domestic discharges or BAT for industrial discharges; 1384 = conversion factor; Best Management Practice cost-effectiveness rate i BMP $/kg; 1. 1 .=. 1 10 percent of the cost for the nonpoint source coi trols. The Best Management Practice cost-effectiveness rat (BMPJ represents the cost to achieve a reduction of on kilogram £1 kg} of total nitrogen through the use of BMPs This rate is determined by the Director based on best availabl information fbeginning in December 1994) and is update every two years as deemed necessary by the Director. Authority G.S. 143-214.1. * * * * * * * * * * * * Notice is hereby given in accordance with G.S. 150B-21. that the Environmental Management Commission intend to amend rule cited as 15A NCAC 2B .0315. Notice of Rule making Proceedings was published in the Register on April 15 1996. Proposed Effective Date: April 1, 1997 A Public Hearing will be conducted at 7:00 p.m. on Augus 20. 1996 at the Town Hall, 231 East 2nd Street, Clayton, NC Reason for Proposed Action: The N.C. Department o Environment, Health, and Natural Resources on behalf of th Environmental Management Commission (EMC) will conduc a public hearing in order to receive public comments on proposal to reclassify a portion of the Neuse River (Neusi River Basin) in Johnston County. The Johnston County Boan of Commissioners has requested that a section of the Neusi River in Johnston County be reclassified to the approprian water supply classification based on the location for a new water supply intake for the County. The selected intake site i due east of the Wilson Mills community in a section of th Neuse River that is currently classified as WS-TV NSW. Othe sections of the Neuse River in the area that would be affectec by the proposed reclassification are classified WS-V NSW. portion of the proposed reclassification area is currently classified as WS-IV because it falls within the Protected Arec for the downstream City of Smithfield water supply intake. Th< WS-IV classification is also the most appropriate water suppl) class for the Neuse River in the area being considered fo reclassification. Johnston County and the Town of Claytor have land use jurisdiction within the affected area. Thi proposed reclassification to Classes WS-IV NSW and WS-H NSW CA (Critical Area) would require the affected loca governments to adopt and implement drinking water suppl) ordinances for this section of the Neuse River that, at minimum, meet the state's requirements for a WS-IV water shed. The water supply watershed protection requirements foi development within a WS-IV water supply are applicable fa only those projects that require a Sediment/Erosion Contro Plan under state law or a delegated local program. 573 NORTH CAROLINA REGISTER August 1, 1996 11:9 ' PROPOSED RULES Comment Procedures: The purpose of this announcement is 'o encourage those interested in this proposal to provide comments. You may either attend the public hearing and make 'elevant verbal comments or submit written comments, data or jther relevant information by September 20, 1996. The Hearing Officer may limit the length of time that you may speak at the public hearing, if necessary, so that all those who vish to speak may have an opportunity to do so. We encour-jge you to submit written comments as well. The Environmen- >al Management Commission (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 views known to the EMC whether in favor of or opposed to any and all provisions of the pro-posed reclassifications. The EMC may, in accordance with N.C.G.S. 150B-21-2, make changes in final rules without renotice as long as the adopted rules do not differ substantially crom the proposed rules. In accordance with this authority, 'he EMC may adopt final management requirements or rules hat are more or less stringent than those being noticed if the EMC determines that the final adopted rules do not differ substantially from the proposed rules. All interested and potentially affected persons are strongly encouraged to read he 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 April 1 , 1997. Written comments may be submitted to: Liz Kovasckitz, DEHNR/Division of Environmen-tal Management, P.O. Box 29535, Raleigh, NC 27626-0535, (919) 733-5083, extension 572. Fiscal Note: This Rule does affect the expenditures or revenues of local governmentfunds. This Rule does not affect the expenditures or revenues of state 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 .0300 - ASSIGNMENT OF STREAM CLASSIFICATIONS 0315 NEUSE RIVER BASIN (a) Places where the schedule may be inspected: (1) Clerk of Court: Beaufort County Carteret County Craven County Durham County Franklin County Granville County Greene County Johnston County Jones County Lenoir County Nash County Orange County Pamlico County Person County Pitt County Wake County Wayne County Wilson County (2) North Carolina Department of Environment, Health, and Natural Resources: (A) Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina (B) Washington Regional Office 1424 Carolina Avenue Washington, North Carolina (C) Wilmington Regional Office 127 Cardinal Drive Wilmington, North Carolina (b) The Neuse River Basin Schedule of Classification and Water Quality Standards was amended effective: (1) March 1, 1977; (2) December 13, 1979; (3) September 14, 1980; (4) August 9, 1981; (5) January 1, 1982; (6) April 1, 1982; (7) December 1, 1983; (8) January 1, 1985; (9) August 1, 1985; (10) February 1, 1986; (11) May 1, 1988; (12) July 1, 1988; (13) October 1, 1988; (14) January 1, 1990; (15) August 1, 1990; (16) December 1, 1990; (17) July 1, 1991; (18) August 3, 1992; (19) April 1, 1994; (20) July 1, J99&T 1996: (21) April 1, 1997 . (c) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin has been amended effective July 1, 1988 as follows: (1) Smith Creek [Index No. 27-23-(l)] from source to the dam at Wake Forest Reservoir has been reclassi-fied from Class WS-III to WS-I. (2) Little River [Index No. 27-57-(l)] from source to the N.C. Hwy. 97 Bridge near Zebulon including all tributaries has been reclassified from Class WS-III to WS-I. (3) An unnamed tributary to Buffalo Creek just up-stream of Robertson's Pond in Wake County from source to Buffalo Creek including Leo's Pond has been reclassified from Class C to B. (d) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin has been amended effective October 1, 1988 as follows: (1) Walnut Creek (Lake Johnson, Lake Raleigh) [Index No. 27-34-(l)]. Lake Johnson and Lake Raleish 11:9 NORTH CAROLINA REGISTER August 1, 1996 574 PROPOSED RULES have been reclassified from Class WS-III to Class WS-III & B. (2) Haw Creek (Camp Charles Lake) (Index No. 27-86-3-7) from the backwaters of Camp Charles Lake to dam at Camp Charles Lake has been reclas-sified from Class C to Class B. (e) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin has been amended effective January 1, 1990 as follows: ( 1 ) Neuse-Southeast Pamlico Sound ORW Area which includes all waters within a line beginning at the southwest tip of Ocracoke Island, and extending north west along the Tar-Pamlico River Basin and Neuse River Basin boundary line to Lat. 35 degrees 06' 30", thence in a southwest direction to Ship Point and all tributaries, were reclassified from Class SA NSW to Class SA NSW ORW. (2) Core Sound (Index No. 27-149) from northeastern limit of White Oak River Basin (a line from Hall Point to Drum Inlet) to Pamlico Sound and all tributaries, except Thorofare, John Day Ditch were reclassified from Class SA NSW to Class SA NSW ORW. (f) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective December 1, 1990 with the reclassification of the following waters as described in (1) through (3) of this Paragraph. (1) Northwest Creek from its source to the Neuse River (Index No. 27-105) from Class SC Sw NSW to Class SB Sw NSW; (2) Upper Broad Creek [Index No. 27-106-(7)] from Pamlico County SR 1 103 at Lees Landing to the Neuse River from Class SC Sw NSW to Class SB Sw NSW; and (3) Goose Creek [Index No. 27-107-(ll)] from Wood Landing to the Neuse River from Class SC Sw NSW to Class SB Sw NSW. (g) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective July 1, 1991 with the reclassification of the Bay River [Index No. 27-150-(l)] within a line running from Flea Point to the Hammock, east to a line running from Bell Point to Darby Point, including Harper Creek, Tempe Gut, Moore Creek and Newton Creek, and excluding that portion of the Bay River landward of a line running from Poorhouse Point to Darby Point from Classes SC Sw NSW and SC Sw NSW HQW to Class SA NSW. (h) The Schedule of Classifications and Water Quality Standards for the Neuse 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-HI). 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 wer reclassified from a WS classification to an alternate appropri ate primary classification after being identified as downstrear of a water supply intake or identified as not being used fo water supply purposes. (i) The Schedule of Classifications and Water Qualit1 Standards for the Neuse River Basin was amended effectiv April 1, 1994 as follows: (1) Lake Crabtree [Index No. 27-33-(l)] was reclassi fied from Class C NSW to Class B NSW. The Eno River from Orange County State Roai 1561 to Durham County State Road 1003 [Inde: No. 27-10-(16)] was reclassified from Class WS-P> NSW to Class WS-IV&B NSW. Silver Lake (Index No. 27-43-5) was reclassifiet from Class WS-III NSW to Class WS-HI&B NSW (j) The Schedule of Classifications and Water Qualif Standards for the Neuse River Basin was amended effective July 1, 1996 with the reclassification of Austin Creek [Indej Nos. 27-23-3-(l) and 27-23-3-(2)] from its source to Smitl Creek from classes WS-III NSW and WS-HJ NSW CA t( class C NSW. (k) The Schedule of Classifications and Water Quality (2) (3) Standards for the Neuse River Basin was amended effectiv; April l± 1997 with the reclassification of the Neuse Rive (including tributaries) from mouth of Marks Creek to a dj 1.3 miles downstream of Johnston County State Road 1908 tc class WS-IV NSW and from a point 1.3 miles downstream o Johnston County State Road 1908 to the Johnston Counts Water Supply intake (located 1.8 miles downstream o Johnston County State Road 1908) to class WS-IV CA NSW rindex Nos. 27-(36) and 27-(38.5)l. Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). ******************** CHAPTER 7 - COASTAL MANAGEMENT SUBCHAPTER 7H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN SECTION .0100 - INTRODUCTION AND GENERAL COMMENTS SECTION .0300 - OCEAN HAZARD AREAS The date and location of a public hearing that was published in the July 1, 1996 Register (11 NCR 7 pages 409 - 412) h; been changed as follows: Old Date August 5, 1996 7:00 p.m. Hyde County Courthouse Swan Quarter, NC New Date August 6, 1996 7:00 p.m. Ocracoke School Ocracoke Island, NC t 575 NORTH CAROLINA REGISTER August 1, 1996 11:9 PROPOSED RULES * * # * * \Totice is hereby given in accordance with G.S. 150B-21.2 .N rto f/w Commission for Health Services intends to amend ule cited as 15A NCAC 18A .1805. Notice of Rule-making Proceedings was published in the Register on May 15, 1996. Voposed Effective Date: April 1, 1997 i Public Hearing will be conducted at 1:30 p.m. on Septem-ber 25, 1996 at the Archdale Building, Ground Floor Hearing loom, 512 N. Salisbury Street, Raleigh, NC 27604. teason for Proposed Action: This change was inadvertently eft out during the previous rule process. In . 1805(1) the word 'places" changed to "establishment" in order for all rules to lave consistent wording. nmment Procedures: All persons interested in this matter ire invited to attend the public hearing. Written comments my be presented at the public hearing or submitted to Grady . Balentine, Department ofJustice, PO Box 629, Raleigh, NC 7602-0629. All written comments must be received by Ictober 3, 1996. Persons who wish to speak at the hearing hould contact Mr. Balentine at (919) 733-4618. Persons who •all in advance of the hearing will be given priority on the peaker's list. Oral presentation lengths may be limited Spending on the number of people that wish to speak at the ublic hearing. Only persons who have made comments at a ublic hearing or who have submitted written comments will be dlowed to speak at the Commission meeting. Comments made the Commission meeting must either clarify previous omments or proposed changes from staff pursuant to com-nents made during the public hearing process. IT IS VERY MPORTANT THAT ALL INTERESTED AND POTENTIALLY EFFECTED PERSONS, GROUPS, BUSINESSES, ASSOCIA-TIONS, INSTITUTIONS OR AGENCIES MAKE THEIR VIEWS IND OPINIONS KNOWN TO THE COMMISSION FOR 1EALTH SERVICES THROUGH THE PUBLIC HEARING iND COMMENT PROCESS, WHETHER THEY SUPPORT OR APPOSE ANY OR ALL PROVISIONS OF THE PROPOSED WLES. THE COMMISSION MAY MAKE CHANGES TO 'HE RULES AT THE COMMISSION MEETING IF THE CHANGES COMPLY WITH G.S. 150B-21.2(f). iscal Note: This Rule does not affect the expenditures or evenues of state or local government funds. This Rule does tot have a substantial economic impact of at least five million hilars ($5,000,000) in a 12-month period. CHAPTER 18 - ENVIRONMENTAL HEALTH SUBCHAPTER 18A - SANITATION SECTION .1800 - SANITATION OF LODGING PLACES .1805 INSPECTION FORMS The grading of lodging establishments shall be done on an inspection form furnished by the Department to local health departments. The form shall include at least the following information: (1) name and address of lodging places , establishment. (2) name of owner, or permittee, (3) score, (4) Rules of construction and operation as listed in Rules .1808 to .1814 of this Section, (5) signature of authorized representative, (6) the permit status code, (7) establishment identification number. Authority G.S. 130A-248. TITLE 16 - DEPARTMENT OF PUBLIC INSTRUCTION Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Standards Board for Public School Administration intends to adopt rules cited as 16 NCAC 7 .0101 - .0112. Notice of Rule-making Proceedings was published in the Register on March 1, 1996. Proposed Effective Date: January 1, 1998 A Public Hearing will be conducted at 10:00 a.m. on September 5, 1996 at the Education Building, Room 224, 301 North Wilmington Street, Raleigh, NC 27601. Reason for Proposed Action: To implement the statutory requirements of G.S. 115C-290.1 through 290.9. The Stan-dards Board is awaiting action on proposed legislative revisions that would affect these rules. Given the possibility that the legislation may not be adopted, we are submitting Version 1 based upon the existing Standards Board statutes (G.S. 115C-290.1 through G.S. 115C-290.9), and a Version 2 based upon the proposed revisions. The proposed legislative revisions would affect the following rules: *Rule .0102(a)(3). The preferred version of the rule is based on a proposed revision to G.S. 115C-290. 7(a)(3) which would expand the types of graduate preparation programs which are prerequisites for taking the Standards Board's licensure exam. *Rule .0103(a). The preferred version of the rule is based on a proposed revision which to G.S. 115C-290.8 would expand the types of experience which exempt a previously licensed individualfrom the requirement to take the Standards Board's licensure exam. *Rule .0104(a)(1). Tfie preferred version of the rule is based on the same proposed revision to G.S. 115C-290. 7(a)(3) described in Rule .0102(a)(3). Comment Procedures: Comments will be accepted on or before the above date for the public hearing. Comments must •1:9 NORTH CAROLINA REGISTER August 1, 1996 576 PROPOSED RULES be received by the time of the public hearing. Written comments should be addressed to: North Carolina Standards Board for Public School Administration, 795 Education Building, 301 North Wilmington Street, Raleigh, NC 27601 or they may be faxed to (919) 715-3665. Fiscal Note: Tliese Rules do not affect the expenditures or revenues 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. VERSION § 1 CHAPTER 7 - NORTH CAROLINA STANDARDS BOARD FOR PUBLIC SCHOOL ADMINISTRATION SECTION .0100 - CERTIFICATION .0101 DEFINITIONS (a) Exam. ; The examination required by the North Carolina Standards Board for Public School Administration for public school administrator candidates, including sub-parts for initial and continuing certifications. (b) Certificate. ; The credential administered by the State Board of Education which authorizes the holder to practice in the professional area for which he/she has been prepared. There are two classifications of certificates: (1) Initial certificate. - The initial certificate, which is valid for two years, allows the holder to begin practicing the profession on an independent basis. Only those persons who are actually beginning in the profession require initial certification. (2) Continuing certificate. ; The continuing certificate, issued after the period of successful initial licensure, authorizes professional school service on a continu-ing basis. (c) Department. -_ The North Carolina Department of Public Instruction. (d) IHE. - Institution of Higher Education. (e) LEA. ; Local Education Agency. (f) NCAC. ; North Carolina Administrative Code. (g) SBE. - The North Carolina State Board of Education, (h) School. ; An organizational subdivision of a school system: ( 1 ) consisting of 100 or more students in average daily membership (ADM), and/or staffed by a minimum seven full-time teachers (or the equivalent): (2) composed of one or more grade groups: (3) organized as one unit with an assigned principal, or person acting in the capacity of a principal: and (4) housed in a school plant of one or more buildings. [i] Charter School. - A public charter school approved by the SBE within an LEA: ( 1) consisting of at least 65 students and at least 3 teachers: (2) operated by a private nonprofit corporation which is nonsectarian in its programs, admission policies. employment practices, and all other operations ar which does not charge tuition: and LU meets student performance standards adopted by tl SBE. {]] School administrator. - School superintendents, depu superintendents, associate superintendents, assistant superintei dents, principals, and assistant principals. (k) Standards Board. ; The North Carolina Standards Boai for Public School Administration. Authority G.S. 115C-290.5 (a)(6). .0102 GENERAL INFORMATION (a) Any person who desires to obtain employment from LEA as a school administrator [as defined in G.! 1 15C-290. 2(4)1 must be recommended by the Standards Boai Ln order to apply for and obtain certification from the Depar ment. Minimum requirements for the recommendation of tl Standards Board specify that the applicant: ( 1 ) file an application in the form prescribed by tl Standards Board, along with an application fee; file an examination application in the form pn scribed by the Standards Board, together with a examination fee, and a recommendation by a desif (2) Q) nated official of the approved IHE where prepan tion was completed; hold a bachelors degree from an accredited colleg or accredited university, and hold a graduate degre from a public school administration program thi meets the public school administrator prograi approval standards set by the SBE; and (4) pass the exam. (b) An applicant shall possess principal certification order to be employed in the position of assistant principa principal, or assistant superintendent. Exceptions to th requirement shall be provided for employment in a position an assistant superintendent for personnel or business services (c) An applicant shall possess superintendent certificatio in order to be employed in the position of superintendent deputy superintendent, or associate superintendent. (d) The Standards Board evaluates each application and il supporting documentation and notifies each applicant of th action it takes. (e) Upon recommendation by the Standards Board, eac applicant shall fulfill the certificate application requirements c the department. Authority G.S. 115C-290. 5(a)(6). .0103 EXEMPTIONS FROM CERTIFICATION REQUIREMENTS OF THE STANDARDS BOARD (a) The requirements of this Chapter do not apply to person who, at any time during the five years precedin January J^ 1998. was engaged in school administration Jjt defined in Rule .0101(i) of this Sectionl at a public school i North Carolina, a public school LEA in North Carolina, or i 577 NORTH CAROLINA REGISTER August 1, 1996 11:9 (b) A person who is exempt from the requirements of this Chapter but applies to the Standards Board under this Chapter hall be subject to the Chapter. [uthority G.S. 115C-290. 5 (a)(6). 0104 PROGRAM REQUIREMENTS FOR CERTIFICATION AS A PUBLIC SCHOOL ADMINISTRATOR (a) In order to receive the initial regular principal certifi-ate, an applicant shall (1) hold a bachelor's degree from an accredited college or accredited university, and hold a graduate degree from a public school administration program that meets the public school administrator program approval standards set by the SBE; (2) receive a recommendation from the IHE which includes the approval or endorsement of the desig-nated certification officer at the IHE; and (3) pass the exam sub-part for initial principal certifica-tion. (b) In order to receive the principal's continuing certificate. n applicant shall fulfill the requirements of Rule .0105(d) of his Section. PROPOSED RULES chool in North Government. Carolina operated by the United States (c) In order to receive the superintendent's certificate, an pplicant shall have: (1) met the certification requirements for a principal. (2) completed a sixth year program in a public school administration program that meets the public school administrator program approval standards set by the SBE. and (3) received a recommendation from the IHE which includes the approval or endorsement of the desig-nated certification officer at the IHE. [uthority G.S. 115C-290.5(a)(6). 0105 CERTIFICATION PATTERNS FOR PUBLIC SCHOOL ADMINISTRATION (a) Certificates indicate specializations and preparation evels for which the professional has been prepared. (b) Certificates are of the following types: (1) Principal. The holder may serve in the specific school administrator roles of assistant principal, principal, or assistant superintendent. There are three levels of preparation: (A) master's degree; (B) sixth-year; and (C) doctorate. m Superintendent. The holder may serve in the specific school administrator roles of superintendent, deputy superintendent, associate superintendent, assistant superintendent, principal, or assistant principal. There are two levels of preparation: (A) sixth-year; and (B) doctorate. (c) The Department bases certificate classification on the level and degree of career development and competence. There are two classifications of certificates for principals: (1) The initial principal certificate, which is valid for two years, allows the holder to begin practicing the profession on an independent basis. Only those persons who are actually beginning in the profession require initial certification. Persons who seek certification in this state for the first time and who have two years of appropriate experience as deter-mined by the Department are eligible for a continu-ing certificate. The holder may have the certificate changed to a continuing principal certificate as provided in Paragraph (d) of this Rule. For pur-poses of this Rule, "year" means not less than six successive calendar months of full time employment in one LEA or non-public school with an approved program plan. (2) The continuing principal certificate authorizes professional school service on a continuing basis. [Note: Initial certification requirements for public school administration cannot be satisfied in an assistant principal's position. 1 (d) To convert the initial principal certificate to a continu-ing principal certificate, the holder shall: (1) serve two years as a principal with a LEA or a non-public school that has a comprehensive program plan for initially certified personnel that meets the criteria contained in 16 NCAC 6C .0304(d) and that is approved by the SBE; (2) meet the performance criteria for conversion of an initial principal certificate to a continuing principal certificate; £3} pass the appropriate continuing certification sub-test of the exam; (4) be recommended by the locally designated official of the LEA or non-public school by which the holder is employed. Authority G.S. 1 15C-290.5 (a)(6). .0106 STANDARD EXAMINATIONS (a) The examination required by the North Carolina Standards Board for Public School Administration for principal certification candidates, including sub-parts for initial and continuing certifications, is the standard examination required for certification of principals. fb) Each applicant for certification as a principal shall pay an examination fee in an amount prescribed by statute. (c) An applicant for certification as a principal shall meet minimum scores on the exam as follows: (1) Principal sub-test for initial certification ; To Be Determined (2) Principal sub-test for continuing certification ; To Be Determined 1:9 NORTH CAROLINA REGISTER August 1, 1996 578 PROPOSED RULES Authority G.S. 1 15C-290.5 (a)(6). .0107 CERTIFICATE RENEWAL FOR PUBLIC SCHOOL ADMINISTRATORS Individuals who seek to renew school administrator certifi-cates shall follow the certificate renewal procedures prescribed by the State Board of Education in 16 NCAC 6C .0307. Authority G.S. 115C-290. 5(a)(6). .0108 EXPIRED CERTIFICATES Individuals who seek to reinstate expired school administra-tor certificates shall follow the procedures prescribed by. the State Board of Education in .16 NCAC 6C .0308. Authority G.S. 115C-290. 5(a)(6). .0109 RECIPROCrTY IN CERTIFICATION A person who has not completed an approved public school administration program in this state may be eligible for school administrator certification by the Department if he/she fulfills all other certification requirements of the Department; and ( 1 ) he/she is a graduate of a regionally accredited graduate program in public school administration outside the state, provided that: (a) the applicant holds or is qualified to hold a public school administration certificate in the state in which the applicant completed the graduate program in public school administra-tion; (b) the applicant seeks certification in public school administration; (c) the applicant is recommended by the prepar-ing institution; (d) the recommendation is supported by an offi-cial transcript supplied by the institution; and (e) the applicant passes the appropriate sub-test(s) of the exam; or (2) he/she is accepted from another state under G.S. 115C-349 through 115C-358. Authority G.S. 115C-290. 5(a)(6). .0110 TEMPORARY PERMIT (a) A candidate for school administrator certification who has not met the standard examinations requirement may receive a temporary permit if: ) 1) the candidate did not know that a minimum standard examination score was required for certification; and (2) the candidate has not had the opportunity to satisfy this requirement after becoming aware of iL (b) A temporary permit is valid for the remainder of the fiscal sear during which certification is established. (c) Persons who graduated from in-state approved public school administration programs subsequent to January 1^ 1998 are not eligible for a temporary permit. An individual who graduated from an in-state approved public school administra-tion program prior to January 1+ 1998 is eligible for temporary permit as follows: (1 ) he/she is not exempt as specified in Rule .0103 this Section; (2) he/she was not employed in a North Carolina pub] school; and (3) he/she was not notified of the standard examinatio requirements specified in this Chapter. Authority G.S. 1 15C-290. 5(a)(6). .0111 CERTIFICATE SUSPENSION AND REVOCATION The SBE may deny an application for certification or m suspend or revoke a public school administrator's certifica issued by the Department for the reasons and according to t] procedures outlined in 16 NCAC 6C .0312. Authority G.S. 1 15C-290.5(a)(6). .01 12 CRIMINAL fflSTORY CHECKS LEA's shall comply with guidelines and procedures relate to criminal history checks on applicants as outlined in NCAC 6C .0313. Authority G.S. 1 15C-290.5(a)(6). VERSION # 2 CHAPTER 7 - NORTH CAROLINA STANDARDS BOARD FOR PUBLIC SCHOOL ADMINISTRATION! SECTION .0100 - CERTD7ICATION .0101 DEFINITIONS (a) Exam. - The examination required by the Nort Carolina Standards Board for Public School Administration fc public school administrator candidates, including sub-parts ft initial and continuing certifications. (b) Certificate. - The credential administered by the Stat Board of Education which authorizes the holder to practice i the professional area for which he/she has been prepared There are two classifications of certificates: ( 1 ) Initial certificate. - The initial certificate, which i valid for two years, allows the holder to begi practicing the profession on an independent basis Only those persons who are actually beginning i the profession require initial certification. ill Continuing certificate. - The continuing certificate issued after the period of successful initial licensure authorizes professional school service on a continu ing basis. (c) Department. - The North Carolina Department of Publi Instruction. (d) IHE. ; Institution of Higher Education. (e) LEA. ; Local Education Agency. 579 NORTH CAROLINA REGISTER August 1, 1996 11:9 PROPOSED RULES £fj NCAC. ; North Carolina Administrative Code. (gl gRR - The North Carolina State Board of Education. (h) School. ; An organizational subdivision of a school vstem: m (21 (21 (41 consisting of 100 or more students in average daily membership (ADM), and/or staffed by a minimum seven full-time teachers (or the equivalent); composed of one or more grade groups; organized as one unit with an assigned principal, or person acting in the capacity of a principal; and housed in a school plant of one or more buildings. (i) Charter School. ; A public charter school approved by ie SBE within an LEA: consisting of at least 65 students and at least 3 teachers; operated by a private nonprofit corporation which is nonsectarian in its programs, admission policies, employment practices, and all other operations and which does not charge tuition; and meets student performance standards adopted by the SBE. (j) School administrator. ; School superintendents, deputy uperintendents, associate superintendents, assistant superinten- 01 (21 01 lents, principals, and assistant principals. (k) Standards Board. : The North Carolina Standards Board or Public School Administration. iuthority G.S. 115C-290.5 (a)(6). 0102 GENERAL INFORMATION (a) Any person who desires to obtain employment from a EA as a school administrator las defined in G.S. 15C-290. 2(4)1 must be recommended by the Standards Board n order to apply for and obtain certification from the Depart-nent. Minimum requirements for the recommendation of the (21 (31 tandards Board specify that the applicant: (1) file an application in the form prescribed by the Standards Board, along with an application fee; file an examination application in the form pre-scribed by the Standards Board, together with an examination fee, and a recommendation by a desig-nated official of the approved IHE where prepara-tion was completed; hold a bachelors degree from an accredited college or accredited university, and: (A) hold a graduate degree from a public school administration program that meets the public school administrator program approval stan-dards set by the SBE; or (B) hold a masters degree from an accredited college or accredited university and have completed by December 31, 1999 a public school administration program that meets the public school administration program ap-proval standards set by the SBE; and (41 pass the exam. (bl An applicant shall possess principal certification in order to be employed in the position of assistant principal, principal, or assistant superintendent. Exceptions to this requirement shall be provided for employment in a position as an assistant superintendent for personnel or business services. (c) An applicant shall possess superintendent certification in order to be employed in the position of superintendent, deputy superintendent, or associate superintendent. (d) The Standards Board evaluates each application and its supporting documentation and notifies each applicant of the action it takes. (e) Upon recommendation by the Standards Board, each applicant shall fulfill the certificate application requirements of the Department. Authority G.S. U5C-290.5(a)(6). .0103 EXEMPTIONS FROM CERTIFICATION REQUIREMENTS OF THE STANDARDS BOARD (a) The requirements of this Chapter do not apply to a person who, at any time during the five years preceding January 1, 1998: (1) completed an administrative internship as part of an approved graduate program in school administration, and obtained an active State administrator/supervisor certificate; or was engaged in school administration while in possession of an active State administra-tor/ supervisor certificate. The following shall fulfill the condition of having been "engaged in school administration": (21 (A) employment, in any position included in the definition of school administrator provided in Rule .OlOl(i) of this Section, in any of the following institutions: (i) a public school or LEA in North Caro-lina. (ii) a public charter school in North Caro-lina. (iii) a pre-K-12 school in North Carolina operated by the State Department of Human Resources. (iv) a pre-K-12 school in North Carolina operated by the State Department of Correction. (v) a pre-K-12 school in North Carolina operated by the United States Govern-ment. (vi) a non-public pre-K-12 school or group of schools in North Carolina accredited by the SBE. (B) employment in a public school supervisor's or director's position m which there is a major responsibility to teach or directly supervise teaching. (C) employment in a North Carolina col-lege/ university as an instructor whose major 11:9 NORTH CAROLINA REGISTER August 1, 1996 580 PROPOSED RULES responsibilities include the preparation and/or supervision of individuals enrolled in a public school administration program that meets the public school administrator program approval standards set by the SBE. (b) A person who is exempt from the requirements of this Chapter but applies to the Standards Board under this Chapter shall be subject to the Chapter. Authority G.S. 1 15C-290.5(a)(6). .0104 PROGRAM REQUIREMENTS FOR CERTIFICATION AS A PUBLIC SCHOOL ADMINISTRATOR (a) In order to receive the initial regular principal certifi-cate, an applicant shall hold a bachelor's degree from an accredited college or university and: ( 1) must either; (A) hold a graduate degree from a public school administration program that meets the public school administrator program approval stan-dards set by the SBE; or (B) hold a masters degree from an accredited college or accredited university and have completed by December 31, 1999 a public school administration program that meets the public school administration program ap-proval standards set by the SBE; (2) receive a recommendation from the IHE which includes the approval or endorsement of the desig-nated certification officer at the IHE; and (3) pass the exam sub-part for initial principal certifica-tion. (b) In order to receive the principal's continuing certificate, an applicant shall fulfill the requirements of Rule .0105(d) of this Section. (c) In order to receive the superintendent's certificate, an applicant shall have: (1) met the certification requirements for a principal; (2) completed a sixth year program in a public school administration program that meets the public school administrator program approval standards set by the SBE; and (3) received a recommendation from the IHE which includes the approval or endorsement of the desig-nated certification officer at the IHE. Authority G.S. 1 15C-290. 5 (a)(6). £2} three levels of preparation: (A) master's degree; (B) sixth-year; and (C) doctorate. Superintendent. The holder may serve in i specific school administrator roles of superintenden deputy superintendent, associate superintenden assistant superintendent, principal, or assista principal. There are two levels of preparation: (A) sixth-year; and (B) doctorate, (c) The Department bases certificate classification on tl level and degree of career development and competent There are two classifications of certificates for principals (1) The initial principal certificate, which is valid fi two years, allows the holder to begin practicing tl profession on an independent basis. Only tho: persons who are actually beginning in the professic require initial certification. Persons who § certification in this state for the first time and wh have two years of appropriate experience as dete mined by the Department are eligible for a contici ing certificate. The holder may have the certificat changed to a continuing principal certificate provided in Paragraph (d) of this Rule. For pu poses of this Rule, "year" means not less than si successive calendar months of full time employmei (2) The in one LEA or non-public school with an approve program plan. continuing principal certificate authorize professional school service on a continuing basi; [Note: Initial certification requirements for publ: school administration cannot be satisfied in a assistant principal's position.! (d) To convert the initial principal certificate to a contini ing principal certificate, the holder shall: (1) serve two years as a principal with a LEA or non-public school that has a comprehensive prograi plan for initially certified personnel that meets th m. (3) £4} criteria contained in 16 NCAC 6C .0304(d) and th; is approved by the SBE; meet the performance criteria for conversion of a initial principal certificate to a continuing principz certificate; pass the appropriate continuing certification sub-te: of the exam; be recommended by the locally designated official o the LEA or non-public school by which the holde is employed. .0105 CERTIFICATION PATTERNS FOR PUBLIC SCHOOL ADMINISTRATION (a) Certificates indicate specializations and preparation levels for which the professional has been prepared. (b) Certificates are of the following types: ( 1 ) Principal. The holder may serve in the specific school administrator roles of assistant principal, principal, or assistant superintendent. There are continuing certifications, is the standard examination require< Authority G.S. 1 15C-290. 5(a)(6). .0106 STANDARD EXAMINATIONS (a) The examination required by the North Carolin. Standards Board for Public School Administration for principa certification candidates, including sub-parts for initial an< i 581 NORTH CAROLINA REGISTER August 1, 1996 11:9 PROPOSED RULES or certification of principals. (b) Each applicant for certification as a principal shall pay n examination fee in an amount prescribed by statute. (c) An applicant for certification as a principal shall meet ninimum scores on the exam as follows: (1) Principal sub-test for initial certification - To Be Determined (2) Principal sub-test for continuing certification ; To Be Determined luthoritv G.S. U5C-290. 5(a)(6). 0107 CERTIFICATE RENEWAL FOR PUBLIC SCHOOL ADMINISTRATORS Individuals who seek to renew school administrator certifi-ates shall follow the certificate renewal procedures prescribed iy the State Board of Education in 16 NCAC 6C .0307. [uthority G.S. 1 15C-290.5 (a)(6). 10108 EXPIRED CERTD7ICATES Individuals who seek to reinstate expired school administra-or certificates shall follow the procedures prescribed by the Itate Board of Education in 16 NCAC 6C .0308. [uthority G.S. 115C-290.5(a)(6). 0109 RECIPROCITY IN CERTIFICATION A person who has not completed an approved public school dministration program in this state may be eligible for school dministrator certification by the Department if he/she fulfills 11 other certification requirements of the department and: (1) he/she is a graduate of a regionally accredited graduate program in public school administration outside the state, provided that: (a) the applicant holds or is qualified to hold a public school administration certificate in the state in which the applicant completed the graduate program in public school administra-tion; fb) the applicant seeks certification in public school administration; (c) the applicant is recommended by the prepar-ing institution; (d) the recommendation is supported by an offi-cial transcript supplied by the institution; and (e) the applicant passes the appropriate sub-test(s) of the exam; or (2) he/she is accepted from another state under G.S. 115C-349 through 115C-358. [uthority G.S. 115C-290.5(a)(6). 0110 TEMPORARY PERMIT (a) A candidate for school administrator certification who as not met the standard examinations requirement may eceive a temporary permit if: (1) the candidate did not know that a minimum standard examination score was required for certification; and £2} die candidate has not had the opportunity to satisfy this requirement after becoming aware of iL (b) A temporary permit is valid for the remainder of the fiscal year during which certification is established. (c) Persons who graduated from in-state approved public school administration programs subsequent to January J^ 1998 are not eligible for a temporary permit. An individual who graduated from an in-state approved public school administra-tion program prior to January J^ 1998 is eligible for a temporary permit as follows: (1) he/she is not exempt as specified in Rule .0103 of this Section; (2) he/she was not employed in a North Carolina public school; and (3) he/she was not notified of the standard examinations requirements specified in this Chapter. Authority G.S. 115C-290.5(a)(6). .0111 CERTIFICATE SUSPENSION AND REVOCATION The SBE may deny an application for certification or may suspend or revoke a public school administrator's certificate issued by the Department for the reasons and according to the procedures outlined in 16 NCAC 6C .0312. Authority G.S. 1 15C-290.5(a)(6). .0112 CRIMINAL HISTORY CHECKS LEA's shall comply with guidelines and procedures related to criminal history checks on applicants as outlined in 16 NCAC 6C .0313. Authority G.S. 1 15C-290. 5(a)(6). TriLE 17 - DEPARTMENT OF REVENUE Notice is hereby given in accordance with G.S. 150B-21.2 that the Department of Revenue intends to amend rule cited as 17 NCAC 05C .0102. Proposed Effective Date: 31st legislative day of the 1997 regular session of the General Assetnbly A Public Hearing will be conducted at 10:00 a.m. on September 27, 1996 at Room 135, Revenue Building, 501 N. Wilmington Street, Raleigh, NC 27602. Reason for Proposed Action: Public Hearing on Title 17 NCAC 05C .0102 - Doing Business Defined. Comment Procedures: G.S. 150B-1 (d)(4) exempts the Department of Revenue from Part 2 Article 2A of Chapter 150B with respect to the notice and hearing requirements. The 1:9 NORTH CAROLINA REGISTER August 1, 1996 582 PROPOSED RULES Department will have a hearing accordingly to the information published in this Notice of Text and Hearing. Written public comment should be addressed to Jack L. Harper, Assistant Secretary for Tax Administration, PO Box 871, Raleigh, NC 27602-0871. Comments must be received by September 3, 1996. Fiscal Note: This Rule does not affect the expenditures or revenues of state or local government funds. This Rule does not ha\e a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. CHAPTER 5 - CORPORATE INCOME AND FRANCHISE TAX DIVISION SUBCHAPTER 5C - CORPORATE INCOME TAX SECTION .0100 - CORPORATIONS SUBJECT TO THE TAX: TAX RATE AND ALLOCATION .0102 DOING BUSINESS DEFTNED (a) For income tax purposes, the term "doing business" means is the operation of any business enterprise or activity in North Carolina for economic gain,—including,—but gain including, but not limited to, the following: (1) the maintenance of an office or other place of business in North Carolina; (2) the maintenance in North Carolina of an inventory of merchandise or material for sale, distribution or manufacture, regardless of whether kept on the premises of the taxpayer or in a public or rented warehouse; (3) the selling or distributing of merchandise to custom-ers in North Carolina directly from a com-pany- owned or operated vehicle when title to the merchandise is transferred from the seller or distrib-utor to the customer at the time of the sale or distribution: (4) the rendering of a service to clients or customers in North Carolina by agents or employees of a foreign corporation; (5) the owning, renting, or operating of business or income-producing property in North Carolina including, but not limited to, the following: (A) Realty; (B) Tangible personal property; (C) Trademarks, tradenames, franchise rights, computer programs, copyrights, patented processes, licenses; (6) the conducting of any activity which results in the acquisition or control of property, tangible or intangible, that produces income sourced to this State under the applicable rules and regulations including, but not limited to, the following: (A) receivables generated by and/or resulting from credit card transactions if the payor is located in this State; (B) receivables generated by and/or resultii ill from loans, secured or unsecured, if tl payor is located Ln this State; the conducting of any activity which results in tl origination or acquisition of a loan when real pro] erty within the state serves as collateral or securit for the receivable without regard to the location the borrower. (b) Corporations who are partners in a partnership or joi venture operating in North Carolina are considered to "doing business". (c) "Doing business" by an interstate motor carrier defined ao the performance of any of the following busine activities in North Carolina: (1) The maintenance of an office in the State; (2) The operation of a terminal or other place of bus ness in the State; (3) Having an employee working out of the office c terminal of another company; (4) Dropping off or gathering up shipments in the Stati Authority G.S. 105-130.3; 105-262. TITLE 21 - OCCUPATIONAL LICENSING BOARDS Notice is hereby given in accordance with G. S. 150B-21 that the North Carolina Licensing Board for Generc Contractors intends to amend rules cited as 21 NCAC 12 .02C and .0503. Notice of Rule-Making Proceedings was publisht in the Register on February 15, 1996. Proposed Effective Date: 31st legislative day of the 19i regular session of the General Assembly Public Hearing: A public hearing was held on April 10, 19S and noticed in North Carolina Register Volume 10, Issue 2'< February 15, 1996. Reason for Proposed Action: To allow applicants ft unlimited licensure and license renewal to demonstrai financial responsibility by obtaining a bond. Comment Procedures: Written comments or arguments c the proposed rule changes may be submitted to Mark D. Selp at the Board's office through September 3, 1996. The Board address is PO Box 17187, Raleigh, NC 27619. Fiscal Note: These Rules do not affect the expenditures revenues of state or local government funds. These Rules a not have a substantial economic impact of at least five millic dollars ($5,000,000) in a 12-month period. CHAPTER 12 - LICENSING BOARD FOR GENERAL CONTRACTORS 583 NORTH CAROLINA REGISTER August 1, 1996 11:9 PROPOSED RULES SECTION .0200 - LICENSING REQUIREMENTS 1204 ELIGIBILITY (a) Limited License. The applicant for such a license must: (1) Be entitled to be admitted to the examination given by the Board in light of the requirements set out in G.S. 87-10 and Section .0400 of this Chapter; (2) Be financially stable to the extent that the total current assets of the applicant or the firm or corpo-ration he represents exceed the total current liabili-ties by at least ton fhouoand dollaro ($10,000.00). This requirement shall remain in effect for all applications made prior to October 1, 1990.—Fef applioationo made on or after Ootober 1, 1990 on applioant for a limited lioonse must bo financially stable to the extent that the total current assets of the applioant or the firm or corporation ho represents oxoeed the total ourront liabilities by at least twelve thousand five hundred dollars ($12,500.00); (3) Possess the competency and the ability, as revealed by the applicant's experience and education to engage in the practice of general contracting within a specified classification or classifications in order to successfully complete a single project of a value of less than or equal to two hundred fifty thousand dollars ($250,000.00), such competency and ability being determined in the sole discretion of the Board; (4) Successfully complete 70 percent of each part of the examination given the applicant by the Board deal-ing with the specified contracting classification chosen by the applicant; (b) Intermediate License. The applicant for such a license mst: (1) Be entitled to be admitted to the examination given by the Board in light of the requirements set out in G.S. 87-10 and Section .0400 of this Chapter; (2) Be financially stable to the extent that the total current assets of the applicant or the firm or corpo-ration he represents exceed the total current liabili-ties by at least fifty thousand ($50,000.00) as reflected in an audited financial statement prepared by a certified public accountant or a qualified independent accountant who is engaged in the public practice of accountancy; (3) Possess the competency and the ability as revealed by the applicant's experience and education to engage in the practice of general contracting within a specified classification or classifications in order to successfully complete a single project of a value of less than or equal to five hundred thousand dollars ($500,000.00), such competency and ability being determined in the sole discretion of the Board; (4) Successfully complete 70 percent of each part of the examination given the applicant by the Board deal-ing with the specified contracting classification chosen by the applicant. (c) Unlimited License. The applicant for such a license must: (1) Be entitled to be admitted to the examination given by the Board in light of the requirements set out in G.S. 87-10 and Section .0400 of this Chapter; (2) Be financially stable to the extent that the total current assets of the applicant or the firm or corpo-ration he represents exceed the total current liabili-ties by at least one hundred thousand dollars ($100,000.00) as reflected in an audited financial statement prepared by a certified public accountant or by a qualified independent accountant who is engaged in the public practice of accountancy; (3) Possess the competency and the ability, as revealed by the applicant's experience and education to engage in the practice of general contracting within a specified classification or classifications in order to successfully complete a single project of a value in excess of five hundred thousand dollars ($500,000), such competency and ability being determined in the sole discretion of the Board; (4) Successfully complete 70 percent of each part of the examination given the applicant by the Board deal-ing with the specified contracting classification chosen by the applicant. (d) Should the financial statement submitted by the appli-cant fail to demonstrate the required level of working capital, the applicant shall obtain a surety bond from a surety autho-rized to transact surety business in North Carolina pursuant to G.S. 58, Article 7_i JJL. 2.L 91 22^ The surety shall provide proof that it maintains a rating from A.M. Best, or its successor rating organization, of either Superior (A+ + or A + ) or Excellent (A or A-). The bond shall be continuous in form and shall be maintained in effect for as long as the applicant maintains a license to practice general contracting in North Carolina or until the applicant demonstrates the required level of working capital. The application form and subsequent annual license renewal forms shall require proof of a surety bond meeting the requirements of this Rule. The applicant shall maintain the bond in the amount of fifty thousand dollars ($50,000) for a limited license, two hundred fifty thousand dollars ($250,000) for an intermediate license, and five hundred thousand dollars ($500,000) for an unlimited license . The bond shall be for the benefit of any person who is damaged by an act or omission of the applicant constituting breach of a construction contract or breach of a contract for the furnishing of labor, materials, or professional services to construction undertaken by the applicant, or by an unlawful act or omission of the applicant in the performance of a construc-tion contract. The bond required by this Rule shall be in addition to and not in lieu of any other bond required of the applicant by law, regulation, or any party to a contract with the applicant. Should the surety cancel the bond, the surety and the applicant both shall notify the Board immediately in writing. If the applicant fails to provide written proof of financial responsibility in compliance with this Rule within thirty days of the bond's cancellation, then the applicant's license shall be suspended until written proof of compliance is 1:9 NORTH CAROLINA REGISTER August 1, 1996 584 PROPOSED RULES provided. After a suspension of two years, the applicant shall fulfill all requirements of a new applicant for licensure. The practice of general contracting by an applicant whose license has been suspended pursuant to this Rule will subject the applicant to additional disciplinary action by the Board. (d)(e) Reciprocity. If an applicant is licensed as a general contractor in another state, the Board, in its discretion, need not require the applicant to successfully complete the written examination as provided by G.S. 87-15.1. However, the applicant must comply with all other requirements of these rules to be eligible to be licensed in North Carolina as a general contractor. Authority G.S. 87-1; 87-10. SECTION .0500 - LICENSE .0503 RENEWAL OF LICENSE (a) Form. An application for renewal requires the holder of a valid license to set forth whether there were any changes made in the status of the licensee's business during the preceding year and also requires the holder to give a financial statement for the business in question. The financial statement need not be prepared by a certified public accountant or by a qualified independent accountant but may be completed by the holder of a license on the form itself. However, the Board may require a license holder to submit an audited financial statement if there is any evidence indicating that the license holder may be unable to meet his financial obligations. Except as provided herein, the financial otat ement evidence of financial responsibility will be subject to approval by the Board in accordance with the working capital requirements of Rule .0204 of this Chapter. A licensee may be required to provide evidence of continued financial responsibility satisfac-tory to the Board should circumstances render such evidence necessary, and shall provide the Board with a copy of any bankruptcy petition filed by the licensee within thirty (30) days of its filing. (b) Display. The certificate of renewal of license granted by the Board, containing the signatures of the Chairman and the Secretary-Treasurer, must be displayed at all times by the licensee at his place of business. Authority G. S. 87-1; 87-10. TITLE 23 - DEPARTMENT OF COMMUNITY COLLEGES Notice is hereby given in accordance with G.S. 150B-21.2 that the N. C. State Board of Community Colleges intends to amend rules cited as 23 NCAC 2D .0325 2E .0203; 23 NCAC 3A .0113. Notice of Rule-making Proceedings was published in the Register on March 15, 1996. Proposed Effective Date: March 1, 1997 A Public Hearing will be conducted at 10:00 a.m. on Augtu 22, 1996 at the Caswell Building - State Board Room, 200 W Jones Street, Raleigh, NC 27603-1379. Reason for Proposed Action: 23 NCAC 2D .0325 - To exemptfire, rescue and law enforce ment personnel from the course repetition limitation fo training courses as required by 1995 legislative action. 23 NCAC 2E .0203 - To regulate work experience hours i apprenticeship programs. 23 NCAC 3 - To require proprietary business, trade o technical schools that receive Title TVfunds to comply with th same refund policies as Community Colleges. Comment Procedures: Individuals who plan to make ora presentations must submit their remarks to the hearing officer A ten-minute or less time limit per person may be imposed fo oral presentations. Interested persons may submit writtei statementsfrom tlie date of this notice until September 3, 1996 delivered or mailed to Dr. Lloyd V. Hackley, NC Communit College System, 200 W. Jones Street, Raleigh, NC 27603 1379. Fiscal Note: These Rules do not affect the expenditures o revenues of state or local government funds. These Rules d( not have a substantial economic impact of at least five millioi dollars ($5,000,000) in a 12-month period. CHAPTER 2 - COMMUNrTY COLLEGES SUBCHAPTER 2D - COMMUNITY COLLEGES: FISCAL AFFAIRS SECTION .0300 - BUDGETING: ACCOUNTING: FISCAL MANAGEMENT .0325 LIMITATION IN REPORTING STUDENT MEMBERSHIP HOURS (a) Student hours may not be reported for budget/FTT which result from: (1) Conferences or visits. General types of meetings usually of one or more day's duration, attended b) a fairly large number of people. A conference o visit may have a central theme, but is loosel) structured to cover a wide range of topics. Th emphasis is on prepared presentations by authorita tive speakers, although division into small grouj sessions for discussion purposes is often a relatec activity. (2) Seminars or Meetings. A small group of peopl meeting primarily for discussion under the directiot of a leader or resource person or persons. Seminars and meetings are generally one-time offerings ever though they may continue for more than one day. (3) Programs of a service nature rather than instruc tional classes. (4) Enrollment of high school students not in compli- 585 NORTH CAROLINA REGISTER August 1, 1996 11:9 PROPOSED RULES ance with 23 NCAC 2C.0301 and 2C.0305. (5) Unsupervised classes. (6) Proficiency or challenge exams except that the actual time required to take the exam may be counted in membership; students must shall be registered in the class consistent with Paragraph (a) of Rules .0202 and .0203 of this Subchapter. (7) Homework assignments. (8) Inter-institutional or intramural sports activities including those of prison inmates. (9) Effective July 1, 1993, no budget/FTE shall be generated by occupational extension students after their first repetition of an occupational extension course. Students who take an occupational exten-sion course more than twice within a five-year period shall pay their cost for the course based on the amount of funds generated by a student mem-bership hour for occupational extension multiplied by the number of actual hours the class is to be taught. These students wiH may not generate budget/FTE. The funds collected from these stu-dents will shall be used by the colleges to offer additional educational courses. This Subparagraph does not apply to fire, rescue, or law enforcement training courses taken by fire, rescue, or law en-forcement personnel. (A) A statement on occupational extension course repetitions consistent with the requirements of this rule shall be included in college adver-tisements, schedules and catalogs. Students shall be notified during registration that they will be charged the full cost of courses which they have taken twice within a five-year period and in which they wish to enroll. Students shall be primarily responsible for monitoring course repetitions; however, the colleges shall review records and charge students full cost for courses taken more than twice. (B) Senior citizens who are legal residents of North Carolina and who wish to enroll in an occupational extension course, wiH shall not be required to pay for taking the course twice. Senior citizens who take an occupa-tional extension course more than twice within a five-year period shall pay their cost for the course based on the amount of funds generated by a student membership hour for occupational extension multiplied by the number of actual hours the class is to be taught. These senior citizens will shall not generate budget/FTE. The funds collected from these senior citizens will shall be used by the colleges to offer additional educational courses. (C) Students may repeat occupational extension courses more than once if the repetitions are required for certification, licensure, or recer-tification. The colleges shall submit annual reports to the State Board of Community Colleges naming the students and the certifi-cation, licensure or recertification require-ments that necessitated the repetition. (b) Self-supporting classes we shall not te be reported for regular budget purposes (those classes supported by student fees or a class in which instruction is provided gratis); all recreational extension classes fall in this category. (c) Occupational extension instruction shall not be offered in sheltered workshops and adult developmental activity centers (ADAP) except sheltered workshops and ADAP centers may contract with the community college to provide occupational extension courses on a self-supporting basis. (d) Educational programs offered in a correctional depart-ment setting shall report full-time equivalent (FTE) student hours on the basis of contact hours. Authority G.S. 115D-5. SUBCHAPTER 2E - EDUCATIONAL PROGRAMS SECTION .0200 - CURRICULUM PROGRAMS .0203 STANDARDS FOR TECHNICAL-VOCATIONAL CURRICULUMS (a) Standards. The standards for each occupational curricu-lum, technical or vocational, will be developed in accordance with the following guidelines. Each institution will design its curriculum courses and requirements to comply with the standards for the curriculum. Each institution will also follow procedures for curriculum approval as outlined in Rules .0101- and .0102 , and .0104 of this Subchapter. (b) Guidelines for Technical-Vocational Curriculums (1) Each curriculum should be developed to meet specific occupational objectives and occupational educational competencies. The curriculum should be designed to lead to employment. The curriculum should emphasize knowledge, skills, and attitudes appropriate to the occupational cluster for which it is designed, with the necessary information about instruments, tools, equipment, and processes included as an integral part of the curriculum. (2) The curriculum is defined as consisting of a course or a group of courses organized in a logical se-quence to meet occupational educational goals and that meet the following criteria. (A) The curriculum consists of a course or courses which total a minimum of 16 quarter hour credits. (B) The curriculum covers the instruction in the designated competencies for an occupation. (3) Curriculums leading to the Associate in Applied Science (A.A.S.) degree should require from 96 quarter hour credits to 128 quarter hour credits for 1:9 NORTH CAROLINA REGISTER August 1, 1996 586 PROPOSED RULES graduation. On special justification the State System President may recommend a curriculum to the State Board with quarter hour credit requirements above the maximum of 128. Total quarter hour credits (8) required for each curriculum will be established at a minimum with the maximum allowed being no more than 10 percent above the minimum. (4) Curriculums leading to the diploma should require from 64 to 128 quarter hour credits for graduation. Quarter hour credits for each curriculum will be established at a minimum with a maximum being no more than 10 percent above the minimum. (5) Certificates may be awarded to a graduate of a curriculum of fewer than 64 quarter hour credits in length. (6) Technical Curriculums (A) Technical curriculums should be designed to prepare individuals for employment in fields recognized as semiprofessional or paraprofes-sional in status. They should be composed of collegiate-level studies (not necessarily trans-ferable) providing a greater degree of theoret- (9) ical knowledge than manipulative skills and should be oriented to a broad occupational cluster. (B) Graduates from a technical curriculum should have at least 18 quarter hour credits in the areas of English, social science, and/or the humanities. (C) The Associate in Applied Science degree may be awarded to the graduate of a technical curriculum with 96 quarter hour credits or more. (7) Technical Specialty Curriculums (A) Technical specialty curriculums should be designed to prepare individuals for employ-ment in fields recognized as semiprofes- (10) sional or paraprofessional in status. They should be composed of collegiate-level studies (not necessarily transferable) providing a greater degree of theoretical knowledge than manipulative skills. (B) Technical specialty curriculums should in-clude only those general education and related courses necessary to support the technical courses offered in the curriculum. (C) Technical specialty curriculums usually are composed of selected technical courses de-signed to prepare for a particular technical skill. Technical specialty curricu-lums may range from 16 to 95 quarter hour credits for each curriculum established at a minimum with the maximum allowed being no more than 10 percent above the minimum. (D) The diploma may be awarded to the graduate of a technical specialty curriculum 64 to 95 quarter hour credits in length. (E) The certificate may be awarded to the gradu ate of a technical specialty curriculum wit] fewer than 64 quarter hour credits in length Vocational Curriculums (A) Vocational curriculums should be designed t( prepare individuals for skilled or semiskille* employment opportunities. Study is primar ily oriented to the development of manipula tive skill competencies for use in a special ized occupation. (B) Graduates from a vocational curriculun should have at least six quarter hour credit: in one or more of the areas of communica tions skills, applied sciences, and appliet social sciences. (C) The diploma may be awarded to the gradual of a vocational curriculum that is 64 or mon quarter hour credits in length. The certificate may be awarded to the graduate of a voca tional curriculum of fewer than 64 quartet hour credits in length. Vocational Specialty Curriculums (A) Vocational specialty curriculums should be designed to prepare students for skilled o: semiskilled employment opportunities. Study is primarily oriented to the development o manipulative skills for use in a specialized occupation. (B) Vocational specialty curriculums usually include only those subjects necessary tc support the development of the skills foi the specialized occupation. Vocational spe cialty curriculums should be a minimum o 16 quarter hour credits in length. (C) A certificate may be awarded to the gradual* of a vocational specialty curriculum. Procedures of Establishing Standards for Each Curriculum (A) The standards for each curriculum will h established jointly by the Department oi Community Colleges and the institution(s) offering or proposing to offer the curriculum (B) A curriculum may have subject categories established with minimum and maximum quarter hour credit ranges for the subject area. Technical curriculums will have mini mum quarter hour credits established for th< following subject categories: technical, related and general education. Elective quarter hour credits may also be included as a category. Vocational curriculums may have subject categories established. (C) A minimum percentage of quarter hour cred-its awarded to class work will be specified for each curriculum. (D) Cooperative education or work experience may be included in the curriculum up to a 587 NORTH CAROLINA REGISTER August 1, 1996 11:9 PROPOSED RULES maximum of 12 quarter hour credits. Under a curriculum standard specifically designed for select associate degree programs, work experience shall be included in a curriculum up. to a maximum of 24 quarter hour credits. The select associate degree programs shall be registered under North Carolina Department of Labor Apprenticeship programs. Only 12 quarter hour credits of work experience shall earn budget FTE. The Department shall implement the Pilot Work Experience project and shall submit to the State Board a report, including the number of students involved and associated costs, one year after this Rule as revised is effective. (11) Procedures for Changing Standards for Each Curric-ulum. Changes in standards for each curriculum will require the approval of the State Board. Re-quest for changes in the standards approved by the State Board for a curriculum may be made to the Board under the following conditions: (A) Request to the Department of Community Colleges to change the standards; (B) Concurrence by the majority of institutions offering the specific curriculum; (C) Concurrence by the Department of Commu-nity Colleges. (12) Procedures for Designing Curriculums at the Institu-tional Level (A) The institution will be responsible for the design of the curriculum at the institutional level. (B) The curriculum will adhere to the standards as approved by the State Board for the curric-ulum. (C) When standards are to be developed for a new curriculum, the institution or institutions planning to submit applications to the State Board for curriculum approval will jointly develop the standards with the Depart-ment of Community Colleges for the pro-posed curriculum for presentation to the State Board for action. (D) The institution will maintain on file with the Department of Community Colleges a copy of the official curriculum approved by the insti-tution's board of trustees. A copy of each revised curriculum will be filed with the Department of Community Colleges prior to implementation at the institution. [uthority G.S. 115D-5. CHAPTER 3 - MISCELLANEOUS PROGRAMS SUBCHAPTER 3A - PROPRIETARY SCHOOLS SECTION .0100 - BUSINESS, TRADE AND TECHNICAL SCHOOLS .0113 STUDENT REFUND Any proprietary business, trade, or technical school that is licensed by the State Board of Community Colleges is subject to the refund policies set forth in 23 NCAC 2D .0202(e)(lH3) and .0203(d)(l)-(3) and (5). Proprietary schools are not required to deposit funds collected for tuition with the State Treasurer's Office. Authority G.S. 115D-90. TITLE 26 - OFFICE OF ADMINISTRATIVE HEARINGS Notice is hereby given in accordance with G.S. 150B-21.2 that the Office of Administrative Hearings intends to adopt rules cited as 26 NCAC 3 .0301 - .0305. Notice of Rule-Making Proceedings was published in the Register on May 1, 1996. Proposed Effective Date: April 1, 1997. A Public Hearing will be conducted on September 4, 1996 at 10:00 am at the Lee House, Hearing Room, 422 North Blount Street, Raleigh, NC 27601. Reason for Proposed Action: Parties in complex administra-tive litigation are in need of optional rules to expedite hearings at OAH. The proposed rules would allow parties to stipulate to a procedure in order to expedite the administrative hearing process and issuance of a decision. Comment Procedures: Interested persons may submit written comments regarding these rules to: Anna K. Baird, Rule- Making Coordinator, Office of Administrative Hearings, PO Drawer 27447, Raleigh, NC 27611-7447. Comments shall be received by OAH no later than 5:30pm on September 4, 1996. Fiscal Note: These Rules do not affect the expenditures or revenues of state or local government funds. Tfiese Rules do not have a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. CHAPTER 3 - HEARINGS DIVISION SECTION .0300 - EXPEDLTED HEARING PROCEDURES FOR COMPLEX CONTESTED CASES .0301 ORDER DESIGNATING COMPLEX CONTESTED CASES Upon the joint motion, stipulation, or consent of aM parties, the Chief Administrative Law Judge (ALT) may order any contested case to be designated as complex and eligible for expedited hearing procedures. The Chief ALJ shall issue this 1:9 NORTH CAROLINA REGISTER August 1, 1996 588 PROPOSED RULES order, after reviewing the recommendation of the presiding ALJ, without hearing, within 30 days after the assignment of the contested case. If the Chief ALJ denies the order, the contested case shall remain on the presiding ALJ's regular docket. Authority G.S. 150B-31(b). .0302 FACTORS TO BE CONSIDERED The Chief ALJ shall designate a contested case as complex and eligible for expedited procedures based upon any factors the Chief ALJ deems appropriate, including the following: (1) the need for special expertise by the presiding ALJ; (2) the number and diverse interests of the parties; (3) the amount and nature of anticipated prehearing discovery and motions; (4) the complexity of evidentiary matters and legal issues involved; (5) the efficient administration of justice; and (6) the economic value of the claims to be litigated. Authority G.S. l50B-31(b). .0303 VENUE In order to comply with the time requirements of the expedited hearing procedures, venue for all contested cases designated as complex shall be Wake County, North Carolina, unless otherwise ordered by the presiding ALJ. Authority G.S. 150B-31(b). .0304 EXPEDITED HEARING PROCEDURES FOR COMPLEX CONTESTED CASES (a) Scheduling Order By Consent. Within 15 days after the Chief ALJ has designated a contested case as complex, the parties shall submit to the presiding ALJ a scheduling order by consent. If the parties are unable to agree upon a consent scheduling order during this time period, the presiding ALJ shall remove the case from the expedited docket and return it to the regular docket. (b) Content of the Scheduling Order. The Scheduling Order shall include the following: LU (2) £3) (sH dates and time limits for filing motions, responses to motions, and disposition of prehearing motions; dates and time limits for completion of discovery; dates for prehearing conference and orders on final prehearing conference; and any other stipulation controlling the disposition of the contested case, including any agreement regard-ing abbreviated hearing procedures. Hearing and Decision. The hearing for a complex contested case shall commence within 90 days of the filing of the petition. Absent a contrary agreement between the parties, the maximum length allowed for a hearing shall be five days, and the time shall be allocated equitably between the parties. The presiding ALJ shall issue a decision within 30 days of the close of the hearing. The Office of Administrative Hearings shall deliver the official record to the agency making the fina decision within 15 days after the presiding ALJ has filed recommended decision. Authority G.S. 150B-31(b). .0305 RULES AND PROCEDURES The rules contained in 26 NCAC 3 .0100 shall govern th hearing of complex contested cases except as modified by thi Section. Authority G.S. 150B-31(b). 589 NORTH CAROLINA REGISTER August 1, 1996 11:9 IN ADDITION This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of Rules for publication. DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY )uring the 1996 session of the North Carolina General Assembly, Senate Bill 1317 was ratified into law on June 21, 1996. This iew law specifies changes to cleanup requirements for releases from underground storage tanks. Under certain conditions owners nd operators of underground storage tanks that are classified as C, D, or E impact, will not be required to cleanup contaminated ites pending the adoption of risk-assessment rules. This law will also restrict these persons from gaining access to or continuing o receive payments from the state's Commercial and Non-Commercial Leaking Petroleum Underground Storage Tank Trust iinds, unless the responsible party can meet the criteria outlined in Chapter 648, Section 1(f) of the bill. With regards to the equirements of Chapter 648 of the 1995 Session Laws Section (l)(b), all sites classified as A or B are Class AB and all sites iiat are classified as C, D, or E are Class CDE. Pursuant to Chapter 648, Section 1(c) of the bill, the Department is required o give notice of the classification of these sites in the North Carolina Register as follows: PIRF (TABLE 1) County Incident Location/Name Incident # City/Town Priority Code ALAMA ALAMANCE CO. SCHOOL MATNT. 10727 GRAHAM E ALAMA ALLEY, WILLIAMS, CARMENS.&KING 15755 BURLINGTON E ALAMA ASHBY'S 11593 BURLINGTON C ALAMA AT&T TECHNOLOGIES A 10025 BURLINGTON E ALAMA AT&T TECHNOLOGIES-C 15064 BURLINGTON E ALAMA AT&T-IRELAND ST. 3395 BURLINGTON E ALAMA BATTLEGROUND TIRE & WRECKER 7054 BURLINGTON E ALAMA BEACON BAPTIST CHURCH 15375 BURLINGTON D ALAMA BOBBIE'S TEXACO 11306 BURLINGTON E ALAMA BP OIL CO. #24165 13317 BURLINGTON C ALAMA BP OIL FACILITY #24164 8940 BURLINGTON E ALAMA BP SERVICE STATION #24208 13316 MEBANE D ALAMA BROGDEN AUTO SALVAGE 10024 GRAHAM A ALAMA BROWN-WOOTEN 11594 MEBANE E ALAMA BURCO, INC. 7619 BURLINGTON E ALAMA BURLINGTON INDUSTRIES 11612 BURLINGTON E ALAMA BURLINGTON INDUSTRIES PIONEER 3392 BURLINGTON E ALAMA BURLINGTON. CITY OF-SERV CNTR 11473 BURLINGTON E ALAMA CAROLINA BIO.SUPPLY-BOBBrr LAB 11228 BURLINGTON C ALAMA CAROLINA BIOLOGICAL -BLDG 303 11707 BURLINGTON D ALAMA CAROLINA BIOLOGICAL YORK RD. 6155 BURLINGTON C ALAMA CAROLINA BIOLOGICAL-BLDG 101 11229 BURLINGTON D 1:9 NORTH CAROLINA REGISTER August 1, 1996 590 IN ADDITION ALAMA CAROLINA BIOLOGICAL-RAINEY ST. 6157 BURLINGTON E ALAMA CASSIDY PROPERTY 15016 GRAHAM C ALAMA CEDAR ROCK BAPTIST MISSION 14407 BURLINGTON E ALAMA CENTRAL PIEDMONT NURSING HOME 12550 BURLINGTON E ALAMA CHAS LOWE RESIDENCE 9960 ELON COLLEGE E ALAMA CHRIS PLUMMER RESIDENCE 12451 GRAHAM A ALAMA CITY OF BURLINGTON-REC. DEPT. 14409 BURLINGTON E ALAMA CITY OF E. BURLINGTON WWTP 13867 BURLINGTON E ALAMA CITY PACKING CO. 5007 BURLINGTON E ALAMA COLE MOTORS, INC. 13860 BURLINGTON E ALAMA COLLINS & AIKMAN 5167 GRAHAM E ALAMA COPELAND FABRICS INC.PLT #2 11702 BURLINGTON C ALAMA CORNUCOPIA COUNTRY STORE 11436 GRAHAM E ALAMA COUNTRY APPLIANCE 12558 ALTAMAHAW A ALAMA COUNTY MOTOR CO. 6839 GRAHAM E ALAMA CRAFTIQUE 6253 MEBANE B ALAMA CROWN CENTRAL-FAST FARE-598 9074 BURLINGTON E ALAMA CULP FINISHING 13879 BURLINGTON E ALAMA DAVID HILL RESIDENCE 14406 BURLINGTON E ALAMA DAVIS AND DAVIS 6203 BURLINGTON C ALAMA DAVIS AUTO 5896 GRAHAM A ALAMA DENNIS JONES PROPERTY 6405 BURLINGTON E ALAMA DICK SHIRLEY CADILLAC-OLDS 6812 BURLINGTON E ALAMA DOROTHY EASON RESIDENCE 3758 GRAHAM B ALAMA E.M. HOLT VFD 11704 ALAMANCE B ALAMA EASCO ALUMINUM CO.-B 10217 BURLINGTON E ALAMA EASTERN AVIATION FUELS, INC. 6254 BURLINGTON E ALAMA ED ALEXANDER FABRIC 14365 BURLINGTON E ALAMA ELON COLLEGE 14363 ELON COLLEGE E ALAMA ELON COLLEGE POWER PLANT C 10215 ELON COLLEGE E ALAMA ERNIE KOURY RESIDENCE 11694 ELON COLLEGE C ALAMA EXXON #4-2650 6416 BURLINGTON E ALAMA EXXON 4-0860 6415 BURLINGTON D ALAMA EXXON 4-6580 4023 BURLINGTON D ALAMA FAIRCLOTH GROCERY 6160 BURLINGTON A ALAMA FLYING J. TRAVEL PLAZA 6825 HAW RIVER E ALAMA FLYNT FABRIC & FINISHING 6884 BURLINGTON E ALAMA GEORGE CANTRELL RESIDENCE 10006 BURLINGTON A 591 NORTH CAROLINA REGISTER August 1, 1996 11:9 IN ADDITION ALAMA GLEN RAVEN CONSUMER PROD DIV-B 14360 BURLINGTON B ALAMA GLEN RAVEN GULF 6436 BURLINGTON E ALAMA GLEN RAVEN MILLS 5025 BURLINGTON E ALAMA GLEN RAVEN MILLS-CONSUMER PROD 10864 ALTAMAHAW C ALAMA GLEN RAVEN MILLS-TRANSP. DIV. 6241 OSSIPEE E ALAMA GOODYEAR DEALER EXPANSION 14364 BURLINGTON E ALAMA GRAHAM GAS HOUSE 14184 GRAHAM E ALAMA GRAHAM GULF SERVICE 6414 GRAHAM C ALAMA GRANITE DIAGNOSTICS 11699 BURLINGTON E ALAMA HAROLD SMITH GROCERY 12913 BURLINGTON A ALAMA HAW RIVER EXXON 5122 HAW RIVER E ALAMA HAWK PROPERTY 14915 BURLINGTON E ALAMA HOLT HOSIERY-GLEN RAVEN PLT 8866 GLEN RAVEN E ALAMA HONDA POWER EQUIP. MT-G, INC. 12528 SWEPSONVILLE E ALAMA HOPEDALE COMMUNITY SIMMONS MIN 1628 HOPEDALE A ALAMA HUB CENTER SERVICE STATION 10740 ALTAMAHAW B ALAMA INTERSTATE 85 & NC 62 GULF STA 3164 BURLINGTON E ALAMA INTERSTATE TEXACO 11698 BURLINGTON C ALAMA JT. SMITH STORE 8142 BURLINGTON E ALAMA JACK CHURCH EXXON 15518 BURLINGTON E ALAMA JACK PARIS SERVICE STATION 5348 GRAHAM B ALAMA JERRY'S AMOCO 11697 GRAHAM C ALAMA JESSIE MAE CAMPANELLA 11433 GRAHAM E ALAMA JOE'S 66 SERVICE 5606 BURLINGTON E ALAMA KENS QUICKIE MART 8315 SWEPSONVILLE E ALAMA KING GULF SERVICE 13793 BURLINGTON E ALAMA KINGSDOWN 6156 MEBANE E ALAMA L.W. PRITCHETT JR.-BULK FAC. 8148 BURLINGTON E ALAMA LAWRENCE INDUSTRIES 6944 HAW RIVER E ALAMA LAWRENCE INDUSTRIES-NON REG 13916 HAW RIVER E ALAMA LIFE TOUCH STUDIOS 14854 BURLINGTON E ALAMA LINDA & EARL THOMPSON 11031 BURLINGTON E ALAMA LOWES 613b BURLINGTON E ALAMA LUCK STONE CORP.-B 14367 BURLINGTON E ALAMA LULA JOHNSON ESTATE 13901 GRAHAM C ALAMA MARY P. HILL RESIDENCE 3737 BURLINGTON A ALAMA MATKINS GLASS, INC. 11773 BURLINGTON E ALAMA MAX'S MART-B 14386 GRAHAM B 11:9 NORTH CAROLINA REGISTER August 1, 1996 592 IN ADDITION ALAMA MCCLURE FUNERAL HOME 6853 GRAHAM E ALAMA MCGUIRES GROCERY 11688 BURLINGTON E ALAMA MEBANE OAKS FOOD MART ELLIS PI 2999 MEBANE E ALAMA MEBANE ST. PRODUCE 15428 BURLINGTON C ALAMA MEDICAL OFFICE PARK 14286 BURLINGTON E ALAMA MEWBORN VISION CENTER 11772 BURLINGTON E ALAMA MIDWAY BP SERVICE 6863 BURLINGTON E ALAMA MILLIE THOMAS RESIDENCE 15061 BURLINGTON D ALAMA MONARCH HOSIERY MILLS 11695 ALTAMAHAW B ALAMA MORRJS PLAN BANK 9533 BURLINGTON E ALAMA NC NATIONAL GUARD-BURLINGTON 15254 BURLINGTON E ALAMA NCDOT-GRAHAM 11770 GRAHAM C ALAMA OLD SMITH'S GROCERY 14408 BURLINGTON B ALAMA PAYNES PHILLIPS 66 7159 GRAHAM E ALAMA PEPSI COLA-BURLINGTON 11927 BURLINGTON E ALAMA PIEDMONT NATURAL GAS 9244 BURLINGTON C ALAMA PINE CHEMICAL 1 4405 GRAHAM E ALAMA PLEASANT GROVE GRILL 14369 BURLINGTON B ALAMA PLEASANT HILL MARKET 5923 SNOW CAMP B ALAMA PUMP & PACK #7 14395 GRAHAM E ALAMA R.C. HOBBY WORKSHOP 8141 BURLINGTON C ALAMA RAYGO MART 11926 BURLINGTON E ALAMA RED HORSE TRUCK STOP 10119 MEBANE D ALAMA RICO SUCTION LABS, INC. 14396 BURLINGTON C ALAMA ROBERT E. BRIDGES 6168 BURLINGTON E ALAMA ROBERT JESSUP PROPERTY 10007 GRAHAM B ALAMA ROBERTSON MASONRY 7550 BURLINGTON A ALAMA ROCHE BIOMEDICAL HAUGAR 14397 BURLINGTON B ALAMA ROCHE BIOMEDICAL LABORATORIES 3776 BURLINGTON C ALAMA SANDY CROSS MINI MART 3199 BURLINGTON D ALAMA SCOTT PROPERTY-LAWN & GARDEN 10008 GRAHAM D ALAMA SEARS HOLLY HILL MALL 14398 BURLINGTON E ALAMA SERVCO-WEBB AVE. 7302 BURLINGTON E ALAMA SHAFFNER PROPERTY 11432 BURLINGTON D ALAMA SHAMROCK GOLF COURSE 15062 BURLINGTON C ALAMA SHOFFNER INDUSTRIES 8146 BURLINGTON C ALAMA SOUTHERN AUTO PARTS 14389 GRAHAM B ALAMA SOUTHERN BELL-E.DAVIS ST. B 11928 BURLINGTON E 593 NORTH CAROLINA REGISTER August 1, 1996 11:9 IN ADDITION ALAMA SOUTHERN STATES-BURLINGTON 4054 BURLINGTON E ALAMA SOUTHERN STATES-BURLINGTON B 14387 BURLINGTON E ALAMA SWEATERS, USA 12447 ALAMANCE VILLAGE E ALAMA T & G GROCERY 6147 GRAHAM C ALAMA TAYLOR RESIDENCE 15060 BURINGTON D ALAMA TENNECO #15231 5076 BURLINGTON E ALAMA TERRY PENLEY RESIDENCE 12838 BURLINGTON D ALAMA THE PANTRY 3111 ELON COLLEGE D ALAMA TIM MYERS RESIDENCE 6407 BURLINGTON A ALAMA TOMMY'S MINI MART 15058 BURLINGTON B ALAMA WADE'S 66 SERVICE 14385 BURLINGTON E ALAMA WATSON ELECTRICAL CONST. CO. 10728 GRAHAM E ALAMA WILLIAMSON AUTO SALES 11885 BURLINGTON C ALAMA WOODY'S EXXON 11888 BURLINGTON C ALEXA ALEXANDER COMM. HOSPITAL 15210 TAYLORSVILLE C ALEXA BRUSHY MOUNTAIN ENTERPRISES 14133 TAYLORSVILLE B ALEXA CLEO BARNES RESIDENCE 3531 TAYLORSVILLE E ALEXA CORSON FURNITURE INDUS. 8296 TAYLORSVILLE E ALEXA GRANT'S STORE-STA #66 13024 MIDWAY B ALEXA HIDDENITE EXXON 6513 HIDDENITE E ALEXA NC DOT MAINTENANCE YARD 11213 TAYLORSVILLE B ALEXA PATTERSON RESIDENCE 3896 STONY POINT A ALEXA TOWN OF TAYLORSVILLE 10184 TAYLORSVILLE B ALLEG BALLINGALL STORE 2970 ENNICE E ALLEG BLUFFS COFFEE SHOP 3441 LAUREL SPRINGS E ALLEG EDMONDS GROCERY 11954 ENNICE A ALLEG G & B OIL CO-BULK PLANT 7068 SPARTA C '! ALLEG NC DOT-SPARTA MAINT. FACILITY 11315 SPARTA C ALLEG ROYAL'S GROCERY 6236 ROARING GAP E ALLEG SPURLIN TEXACO & GROCERY 3287 ENNICE A ALLEG USDI/NPS-CUMBERLAND KNOB 11886 EDMONDS B ANSON ALLTEL CAROLINA, INC. 8921 PEACHLAND E ANSON AT & T RADIO RELAY STATION 9716 MCFARLAND E ANSON DENNIS' FOOD MART 3698 BURNSVILLE E ANSON GEORGIA-PACIFIC CORP. 5973 LILESVILLE E ANSON JACK'S TEXACO #2 15510 WADESBORO D ANSON SWEETIE'S 11109 ANSONVILLE E ANSON WADESBORO TEXACO 4074 WADESBORO E 1:9 NORTH CAROLINA REGISTER August 1, 1996 594 IN ADDITION ASHE 221 GROCERY 12914 WEST JEFFERSON B ASHE BC GROCERY 15044 WEST JEFFERSON B ASHE CLIFTON GROCERY 5856 CLIFTON A ASHE COY HAM'S STORE 11887 APPLE GROVE B ASHE DONNELLY'S STORE 13713 ZIONVILLE B ASHE FIRST CITIZENS BANK & TRUST 10401 WEST JEFFERSON B ASHE FLEETWOOD FALLS 7192 FLEETWOOD B ASHE JACK & DEAN'S COMM. CORNER MKT 13684 FLEETWOOD B ASHE LANSING GARAGE 6881 LANSING E ASHE NC DOT-NC 88 W. JEFFERSON 8941 WEST JEFFERSON B ASHE ONE SIXTY THREE SERV. & GROC. 3320 WEST JEFFERSON B ASHE PIEDMONT CONCRETE CO. 11155 W. JEFFERSON D ASHE R & L GROCERY 13763 LANSING B ASHE SUPER MUFFLER 13759 WEST JEFFERSON D ASHE THOMASVILLE FURNITURE 13758 W. JEFFERSON E ASHE UNITED CHEMI-CON MFG.. INC. 15253 LANSING B ASHE US POSTAL SERVICE-W.JEFFERSON 13367 W. JEFFERSON E ASHE USDI-NAT.PK.SERV.-RANGE MAINT. 13764 ASHEVILLE C ASHE W.J. EXXON 13016 JEFFERSON B AVERY BEECH HAVEN RESTAURANT 13059 BANNER ELK E AVERY FRANK PERRY PROPERTY 13177 BANNER ELK E AVERY GUY'S GROCERY 11559 SUGAR GROVE B AVERY LAUREL COUNTRY STORE 3612 PJNEOLA B AVERY MID-STATE OIL CO.-GRAGG SUNOCO 9907 NEWLAND B AVERY RAINBOW PANTRY NO. 5 3856 NEWLAND B AVERY SCOTCHMAN TEXACO 3242 NEWLAND B AVERY SOUTHERN BELL TELEPHONE CO. 3289 ALTAMONT B AVERY SUNRISE MARKET 9759 ELK PARK E AVERY TOWN OF BEECH MOUNTAIN 13060 BEECH MTN. E AVERY UNDERWOOD & WELD 9269 NEWLAND E AVERY UNION 76 STATION ELK HILLS SUB 3122 BANNER ELK B BEAUF 5TH ST. SHELL 10777 WASHINGTON E BEAUF ANDREW BLAKE RESIDENCE 14930 WASHINGTON A BEAUF AXON SMITH-RIVER FOREST MANOR 14377 BELHAVEN B BEAUF BEAUFORT CO. LANDFILL 15320 BATH C BEAUF BEAUFORT CO. MAINT. DEFT. 15629 WASHINGTON C BEAUF BRANTLEY SERVICE STATION 14191 AURORA c BEAUF CHARLES T. ASBY RESIDENCE 15476 WASHINGTON A 595 NORTH CAROLINA REGISTER August 1, 1996 11:9 IN ADDITION BEAUF COOPERATIVE SAVINGS & LOAN 10161 BELHAVEN E BEAUF COUNTRY CORNER STORE 12819 BELHAVEN B BEAUF E. B. VOLIVA PROPERTY 8260 BELHAVEN C BEAUF ESTES EXPRESS LINES 9238 WASHINGTON E BEAUF FAST FARE #509 6728 WASHINGTON E BEAUF FURBEE BROTHERS FACILITY 9913 PANTEGO B BEAUF GOOSE CREEK STATE PARK 13238 WASHINGTON E BEAUF GREGORY POOLE EQUIPMENT CO. 9750 WASHINGTON D BEAUF HACKNEY INDUSTRIES 5768 WASHINGTON E BEAUF HANDY MART #16 3540 CHOCOWINITY E BEAUF HARDING'S SHOPPING BAG 10439 WASHINGTON B BEAUF HOLIDAY INN 5774 WASHINGTON C BEAUF JOE DAVID MILLS PROPERTY 5226 WASHINGTON C BEAUF JOHN SAMLL EXXON 6255 WASHINGTON E BEAUF JUNIORS STATION-MIKES TEXACO 5773 BELHAVEN E BEAUF LEE CHEVROLET, INC. 14193 WASHINGTON E BEAUF MARGARET GREEN RESIDENCE BOYD 3431 EDWARD E BEAUF MCLELLAN STORES CO.-WASHINGTON 11937 WASHINGTON E BEAUF MOSS ESTATE-NCNB 6672 WASHINGTON E BEAUF NC NATIONAL GUARD OMS #21 13985 WASHINGTON C BEAUF NCDOT BEAUFORT CO. MAINT YARD 13988 WASHINGTON E BEAUF OLD HIGHWAY PATROL STATION 6104 WASHINGTON D BEAUF OLD PARK BOAT CO. 6217 WASHINGTON C BEAUF PAMLICO GROCERY AND MARINA 12701 BELHAVEN D BEAUF PINKHAM'S EXXON SERV. STATION 7575 WASHINGTON B BEAUF PUNGO FOOD MART 12827 BELHAVEN B BEAUF RED APPLE MARKET #3 1 13670 BELHAVEN E BEAUF RED APPLE MARKET #57 12703 BELHAVEN E BEAUF ROYSTER CO.-WASH. FACILITY 7141 WASHINGTON B BEAUF SELBY STORE 11406 BELHAVEN E BEAUF SOUTHERN BANK & TRUST CO. 14190 BELHAVEN C BEAUF TEXASGULF INC. 5155 AURORA B BEAUF THE QUARTER DECK 12570 BATH D BEAUF TOWN OF BELHAVEN-OLD GENR. PLT 6796 BELHAVEN B BEAUF VANN LATHAM RESIDENCE 14576 BELHAVEN A BEAUF VOICE OF AMERICA, SITE A 14973 GREENVILLE B BEAUF WADE WATERS SITE-FIVE POINTS 6215 PINETOWN C BEAUF WADE WATERS/BUCK'S AMOCO 6729 BATH C NORTH CAROLINA REGISTER August 1, 1996 596 IN ADDITION BEAUF WARREN FIELD AIRPORT COMM. 6103 WASHINGTON E BEAUF WASHINGTON FIRE DEPARTMENT 6701 WASHINGTON E BEAUF WASHINGTON HOUSING AUTHORITY 5991 WASHINGTON C BEAUF WASHINGTON TOYOTA 14494 WASHINGTON E BEAUF WITN-TV STUDIO 6817 CHOCOWINITY E BERTI BAMBIE BREAD STORE 13278 WINDSOR A BERTI BAZEMORE GROCERY-MT.OLIVE RD. 10440 AHOSKIE B BERTI BEASLEY OIL CO. 5692 COLERAIN B BERTI BERTIE COUNTY LANDFILL 13666 AULANDER E BERTI BERTIE COUNTY SCHOOLS 13242 WINDSOR E BERTI BRYANT BROTHERS, INC. 10795 ROXOBEL E BERTI CAR QUEST 6218 WINDSOR E BERTI CARDINAL CHEMICALS, INC. 10742 WINDSOR E BERTI CARTERS 76 12343 WINDSOR B BERTI CASHIE MINI MART 7615 WINDSOR E BERTI COCA COLA PLANT-KELFORD 8480 KELFORD E BERTI COLERAIN EXXON 13423 COLERAIN B BERTI COLERAIN TIRE CO. 10671 COLERAIN B BERTI COULBOURN LUMBER CO. 9132 WINDSOR B BERTI DIV.OF FOREST RES-BERTIE CO 12063 WINDSOR B BERTI DOT FACILITY-WINDSOR 6960 WINDSOR E BERTI EASTERN FUELS INC-WINDSOR 10473 WINDSOR E BERTI ELM GROVE GROCERY 9421 COLERAIN B BERTI FRANCIS MILL STORE 11731 WINDSOR B BERTI GRANNY'S GRILL 11085 WINDSOR B BERTI H.C. MEYERS STORE 13280 HEXLENA A BERTI HUGHES' GENERAL MERCHANDISE 9340 MIDWAY B BERTI JACOCK'S BLDG.SUPPLY-SPRUILL 9012 WINDSORS E BERTI JAMES E. HOGGARD GROCERY 11891 WINDSOR B BERTI JERNIGAN OIL-R PARKER PROPERTY 6251 CONNARITSA A BERTI JONES TEXACO STATION 3377 POWELLSVILLE C BERTI KELFORD SERVICE CENTER 13274 KELFORD A BERTI L.C. COOPER STORE - HWY 13-17 10889 WINDSOR E BERTI L.L. PARKER GROCERY 5730 COLERAIN B BERTI LEA LUMBER & PLYWOOD FACILITY 15010 WINDSOR B BERTI LEE'S GROCERY 10039 WINDSOR B BERTI LEGGETTS GROCERY-MOBIL 12111 WINDSOR B BERTI MIDWAY MOTOR SALES 12418 MIDWAY B 597 NORTH CAROLINA REGISTER August 1, 1996 11:9 IN ADDITION BERTI MINTON STORE TEXACO 11194 ROXOBEL B BERTI PERDUE FARMS LEWISTON-BOILERS 6786 LEWISTON E BERTI PERDUE FARMS LEWISTON-USTS 6784 LEWISTON B BERTI PERRY'S GROCERY 11916 TRAP B BERTI PERRYTOWN SERVICE CENTER 13261 COLERAIN B BERTI PHILLIP WHITE GROCERY 13019 ASKEWVILLE C BERTI QUEEN ST. SELF SERVICE 13417 WINDSOR E BERTI QUDC SNAK #2 11647 WINDSOR B BERTI R & W CHEVROLET CO. 9887 WINDSOR E BERTI R.D. HARRELL'S STORE 12969 POWELLSVILLE A BERTI RED APPLE #16 7172 WINDSOR B BERTI RED APPLE #34-EASTERN FUELS 8845 AHOSKJE B BERTI RED APPLE MARKET #43 11051 AULANDER E BERTI RED APPLE MARKET #44 11116 LEWISTON B BERTI RED APPLE MARKET #6 12825 LEWISTON E BERTI RED APPLE MARKET #60 13276 WINDSOR B BERTI RED APPLE MART #49-EASTN.FUELS 10883 WINDSOR E BERTI RED APPLE-EASTERN FUELS HWY 13 8846 AHOSKIE C BERTI RJ REYNOLDS - AVOCA 8907 MERRY HILL E BERTI ROBERSON TEXACO 13277 WINDSOR E BERTI ROXOBEL TEXACO 13595 ROXOBEL A BERTI SARA CARTER GROCERY 14929 WINDSOR B BERTI SHIP YARD LANDING 11643 WINDSOR C BERTI SPRUILL OIL CO.-E.CHERRY STORE 9016 WINDSOR C BERTI TAYLOR'S STORE 13126 POWELLSVILLE D BERTI TODD'S SERVICE CENTER 11963 MIDWAY B BERTI TRAP H. E. DAVIDSON 3174 COLERAIN B BERTI TURNER GROCERY 11917 COLERAIN B BERTI WHITE'S CROSS GROCERY 12073 COLERAIN B BERTI WOODVILLE SUPPLY INC. 11331 WOODVILLE E BLADE ABANDONED SERV. STA.-HWY 87N 7552 DUBLIN E BLADE BLADEN COUNTY SCHOOL GARAGE 9235 ELIZABETHTOWN E BLADE BLANK'S GROCERY 13217 EAST ARCADIA D BLADE JOHNSON 76 12814 ELIZABETHTOWN C BLADE JOLLY'S 76 15445 BLADENBORO E BLADE KINGS BLUFF PUMPING STATION 6001 EAST ARCADIA E BLADE RICHARDSON AND SONS ATEX 15740 TARHEEL B BLADE SUNDO-BLADENBORO 10697 BLADENBORO E 1:9 NORTH CAROLINA REGISTER August 1, 1996 598 IN ADDITION BLADE WACHOVIA PROPERTY 7531 ELIZABETHTOWN E BLADE WARD'S EXXON 13245 CLARKTON D BRUNS ACME CONVENIENT MART 14888 GRISSELTOWN B BRUNS ALICE E. STANALAND PROPERTY 5672 THOMASBORO CROSSRDS. E BRUNS ATLANTIC TELEPHONE-CENTRAL OFF 10073 SHALLOTTE E BRUNS ATLANTIC TELEPHONE-HEADQUATERS 10074 SHALLOTTE E BRUNS BEACH PANTRY 14014 LONG BEACH E BRUNS BELVILLE ABC STORE 3656 BELVILLE D BRUNS BELVILLE MAIN ST. 7737 BELVILLE E BRUNS BRUNSWICK CO. AIRPORT 11479 SOUTHPORT E BRUNS BRUNSWICK CO. BUS GARAGE 15369 BOLIVIA E BRUNS CONNIE'S MOBILE HOME PARK 3160 LELAND B BRUNS CP&L RADWASTE EFFLUENT LINE 14219 SOUTHPORT E BRUNS DOSHER MEMORIAL HOSPITAL 7132 SOUTHPORT E BRUNS EARL FRINK PROPERTY 5667 GRISSETTOWN E BRUNS EMMA N. PIERCE PROPERTY 5671 THOMASBORO CROSSRDS. E BRUNS EXXON PIPELINE 9484 BELVILLE B BRUNS GLENN H. PARKER PROPERTY 5675 GRJSSETTOWN E BRUNS GO GAS #5 10144 LELAND B BRUNS GREGORY POOLE TANK FARM 10027 LELAND B BRUNS HAN DEE HUGO #9 14343 SHALLOTTE E BRUNS HAN-DEE HUGO'S 3446 SHALLOTTE B BRUNS IDEATH M. ROWE RESIDENCE 3573 ASH B BRUNS IRENE G. CLIFTON PROPERTY 5674 GRISSETTOWN E BRUNS rVORY BEST RESIDENCE 3602 ASH A BRUNS JIFFY BAIT AND TACKLE 11893 LONG BEACH E BRUNS JOSEPH S. PARKER PROPERTY 5670 GRISSETTOWN E BRUNS JOYCE'S CURB MARKET 5644 LONG BEACH E BRUNS KARLENE HALL RESIDENCE 3394 LELAND B BRUNS LEE'S PETROLEUM & AUTO. SERV. 7189 LELAND B BRUNS LELAND SANITARY DIST. 5241 LELAND E BRUNS LELAND TRAVELERS STATION 5875 LELAND B BRUNS LUCY GRANT RESIDENCE 3623 SUPPLY A BRUNS MILL CREEK FARM SUPPLY 10706 WINNABOW B BRUNS NC DIV. OF FOREST RESOURCES 11687 BOLIVIA D BRUNS NORTH CAROLINA EQUIP. CO. 6322 LELAND D BRUNS OCEAN ISLE AIRPORT 7738 OCEAN ISLE B BRUNS OCEAN ISLE PLAZA 11967 OCEAN ISLE BEACH E 599 NORTH CAROLINA REGISTER August 1, 1996 11:9 IN ADDITION BRUNS SCOTCHMAN STORE #1 15 3380 LELAND D BRUNS SHALLOTTE POINT GROCERIES 3029 SHALLOTTE POINT A BRUNS SPEEDWAY-STARVIN MARVIN #242 12717 SHALLOTTE B BRUNS USCG STATION OAK ISLAND 6058 OAK ISLAND E BRUNS W. J. SMITH PROPERTY 5673 THOMASBORO CROSSRDS. E BRUNS WOODY'S COUNTRY CONV. STORE 11009 SHALLOTE E BUNCO AIRPORT EXXON #4-5173 7203 FLETCHER B BUNCO ALLEN HELMICK PROPERTY 7187 FAIRVIEW B BUNCO AMOCO STATION #6191 3752 ASHEVILLE E BUNCO AMOCO STATION #6218 7272 ASHEVILLE B BUNCO AMOCO STATION #837 7278 ASHEVILLE B BUNCO ANDREX INDUSTRIES 6586 ASHEVILLE B BUNCO ANNEX BUILDING PARKING LOT 7977 ASHEVILLE E BUNCO ASHEVILLE SCHOOL 5339 ASHEVILLE B BUNCO ASHEVILLE SCHOOL-#2 FUEL OIL 5533 ASHEVILLE B BUNCO ASHEVILLE TRANSIT AUTHORITY 10964 ASHEVILLE E BUNCO BARTLETT EXXON SERV. STA. 2801 WEAVERVILLE B BUNCO BEACON MANUFACTURING - UST 13776 SWANNANOA E BUNCO BILL HAWKINS RESIDENCE 6762 ALEXANDER D BUNCO BILTMORE AMOCO 4088 ASHEVILLE B BUNCO BILTMORE DAIRY 5648 ASHEVILLE E BUNCO BILTMORE FOOD MART 13219 ASHEVILLE E BUNCO BILTMORE FOREST COUNTRY CLUB 10396 ASHEVILLE E BUNCO BILTMORE SCHOOL SITE (PORMER) 9932 ASHEVILLE E BUNCO BLACK MOUNTAIN CENTER 13775 BLACK MOUNTAIN E BUNCO BOSSARD RESIDENCE 14580 ASHEVILLE E BUNCO CEDAR CLIFF TEXACO 5685 FAIRVIEW B BUNCO CHARLOTTE STREET EXXON #4-6771 10248 ASHEVILLE E BUNCO CINDY & FREDERIC HUBER RESD. 7205 WEAVERVILLE E BUNCO COBLE DAIRY PRODUCTS, INC 5909 CANDLER E BUNCO COMMUNrTY CASH AND CARRY 12916 BARNARDSVILLE B BUNCO COUNTRY FOOD STORE #2 3245 ASHEVILLE E BUNCO COUNTRY FOOD STORE #5 5622 BLACK MTN. B BUNCO CRAGGY PRISON LAUNDRY 5741 ASHEVILLE B BUNCO D & D GROCERY-FAC. #0-00500 7521 WEAVERVILLE B BUNCO DALLAS FOOD MART 14341 CANDLER B BUNCO DANNY A. BOONE'S #1 13460 ARDEN B BUNCO DOT-FORMER KENNETH LUTHER PROP 14998 ARDEN E NORTH CAROLINA REGISTER August 1, 1996 600 IN ADDITION BUNCO DOT-PARCEL 3 6496 ASHEVILLE E BUNCO EASTSIDE CONVENIENCE 13061 BLACK MTN. E BUNCO EDDIE JOHNSON'S TEXACO 15052 ASHEVILLE E BUNCO EDGEWOOD RD. BIBLE CHURCH 5783 ASHEVILLE E BUNCO EXXON #4-5348 10386 ASHEVILLE E BUNCO EXXON #4-7212 11340 ASHEVILLE E BUNCO FAIRVIEW 66 3450 FAIRVIEW B BUNCO FAST FARE #657 6788 CANDLER E BUNCO FAST FARE #662 12268 ARDEN E BUNCO FRED MOODY RESIDENCE 13746 SWANNANOA E BUNCO GEORGETOWN FOOD MART 7711 ASHEVILLE A BUNCO GIANT FOOD STORE PROPERTY 9905 WEAVERVILLE B BUNCO GILES RESIDENCE 13777 ASHEVILLE E BUNCO GOSSETT'S STORE 5566 LEISCESTER B BUNCO GREEN'S GROCERY 5251 CANDL
Object Description
Description
Title | North Carolina register |
Date | 1996-08-01 |
Description | Vol. 11, issue 9 (August 1, 1996) |
Publisher | Raleigh, N.C. : Office of Administrative Hearings |
Digital Characteristics-A | 282 p.; 15.39 MB |
Digital Format | application/pdf |
Pres File Name-M | pubs_serial_ncregister19960801.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_serial_ncregister\images_master |
Full Text |
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NORTH CAROLINA IN THIS ISSUE
Volume 1 1 f Issue 9
Pages 568 - 8 1 6
August 1 , 1 996
This issue contains documents officially
filed through July 11, 1996.
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
Teresa Kilpatrick, Editorial Assistant
Jean Shirley, Editorial Assistant
Linda Richardson, Editorial Assistant
F ' ^i
I. '4S ADDITION C?5^ Environment ^Health,: and Natural Resources
E^iyisiqn of Water Quality 590-795
* fiTIRULE-MAKING AGENDA
^Labor n ' ~} ETvETT
—^- J i^lX. /-i ^ X,'
568
III. RULE-MAKING PROCEEDINGS
Administrative Hearings
Rules Division 570
Commerce
Community Assistance 569
Departmental Rules 569
Human Resources
Medical Assistance 569 - 570
IV. PROPOSED RULES
Administrative Hearings
Hearings Division 588-589
Community Colleges
Community Colleges 585-588
Miscellaneous Programs 588
Environment, Health, and Natural Resources
Coastal Management 575
Environmental Management 572 - 575
Health Services 576
Human Resources
Child Day Care Commission 571 - 572
Licensing Boards
General Contractors 583 - 585
Public Education
Public School Administration 576 - 582
Revenue
Corporate Income and Franchise Tax 582 - 583
V. LIST OF RULES CODIFIED 796
VI. RULES REVIEW COMMISSION 797-801
VII. CONTESTED CASE DECISIONS
Index to ALI Decisions 802-809
Text of Selected Decisions
92 DST 1066 810-813
95 CPS 1399 814-815
VIII. CUMULATIVE INDEX 1 23
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