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I /KFf^/ ^^^V, A 2/a/6'7 NORTH CAROLINA REGISTER VOLUME 10 • ISSUE 17 • Pages 2222 - 2314 December 1, 1995 IN THIS ISSUE Executive Orders Acupuncture Licensing Board Final Decision Letters Human Resources Public Education Tax Review Board Rules Review Commission Objections Contested Case Decisions PUBLISHED BY The Office ofAdministrative Hearings Rules Division PO Drawer 27447 Raleigh, NC 27611-7447 Telephone (919) 733-2678 Fax (919) 733-3462 : , p-^ i-J3 .^-5^. rfe p^^_^^ DEC LAW UJBHAili' This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13 i NORTH CAROLINA IN THIS ISSUE Volume lOp Issue 17 Pages 2222 - 23 1 4 I. EXECUTIVE ORDERS Executive Orders 87-89 2222-2223 n. IN ADDITION Tax Review Board 2224 - 2226 Voting Rights Act 2227 m. RULE-MAKING PROCEEDING Human Resources Social Services 2228 Licensing Board Acupuncture Licensing Board 2228 December 1 , 1 995 This issue contains documents officially filed through November 7, 1995. 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 HI, 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 rV. TEMPORARY RULES Public Education Elementary and Secondary Education 2229-2230 V. RRC OBJECTIONS 2231-2238 VI. CONTESTED CASE DECISIONS Index to AU Decisions 2239 - 2254 Text of Selected Decisions 94 DOJ 1006 2255-2271 94 OSF 1530 2272-2275 94 OSP 1718 2276-2278 95 EHR 0016 2279-2285 95 OSP 0411 2286-2288 Vn. CUMULATIVE INDEX 2290-2314 f I > 0< 3i OS - o yi •"^ a 4! J*' 1 1 < •f^ 5- p l>5 c^ U e ' o '^ » ^ ;S O-^ ) •« 1^ X ij 1 X ^ oz & 1 s S 2; o o o * ^1 «• R C 8 li S CO o •3 u zo y uX O < § o •g E Bo 1 a •a vo * -5 .a "2 1 * a. 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X c o c/5 00 01 5 d o O O 3 O « *- C •S U o -a o .5 o ^ 00 o .S i S o E -§ « 3 3 t^ Q. c/: u E . x: . o 3 > t3 '^ i o OS bd T3 azH3 V O s z c « o .2 ^ a > x: TO *J -a ^ 00^ C I- •£ •- .5 2 S 1) 8 U 3 3 "O i I EXECUTIVE ORDERS EXECUTIVE ORDER NO. 87 EXTENDING EXECUTIVE ORDERS 26, 27, 28, 29, 30, AND 34 By the power vested in me as Governor by the Constitu-tion and laws of North Carolina, IT IS ORDERED: Section L The following Executive Orders are hereby extended for two years: A. Executive Order No. 26, Board of Trustees of the N.C. Public Employee Deferred Compensation Plan; B. Executive Order No. 27, Governor's Commission for Recognition of State Employees; C. Executive Order No. 28, Agriculture, Forestry, and Seafood Industry Advisory Committee; D. Executive Order No. 29, Teacher Advisory Committee; E. Executive Order No. 30, Highway Beautification Council; and F. Executive Order No. 34, Highway Safety Com-mission. This Executive Order is effective immediately. Done in Raleigh, North Carolina this the 27th day of October, 1995. EXECUTIVE ORDER NO. 88 AMENDING STATEWIDE FLEXIBLE BENEFITS PROGRAM WHEREAS, State employees are an important resource to state government; and WHEREAS, the State needs to provide a uniform competi-tive compensation package that includes an up-to-date benefits program in order to maintain its competitive edge with businesses and other states in its region; and WHEREAS, the State needs to provide the same tax-advantaged benefits to all State employees, regardless of the agency, department or university where they work; and WHEREAS, the reasonable cost of administering an efficiently designed flexible benefits program could be recovered by the savings associated with such a program; NOW, THEREFORE, by the power vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED: Section !_. Policy. A statewide employee flexible benefits coordination effort is hereby formalized for the purpose of administering these benefits to employees and to promote the development and maintenance of a competitive compensation package for all State employees. Section 2^ Administration. There is created within the Office of State Personnel a Statewide Employee Flexible Benefits Program (SEFBP). The State Personnel Director shall be responsible for central flexible benefits coordination for all State employees. The administration of the statewide flexible benefits plan shall become the responsibility of SEFBP. This program shall begin the process of assessing the flexible benefits plan design, administrative procedures, administrative capabili-ties, and communications needs for the implementation of a comprehensive statewide flexible benefits plan. These responsibilities include, but are not Umited to the following: (a) Implementing the Statewide Flexible Benefits Plan; (b) Administering contracts for supplemental insur-ance carriers and third party administrators for spending accounts and premium conversion plans participating in the SEFBP; (c) Coordinating administration of spending accounts; (d) Coordinating enrollment and communication efforts concerning the SEFBP and other benefit programs; (e) Coordinating the Statewide Flexible Benefits Advisory Committee; and (f) Speaking on behalf of State government flexible benefits in the Legislature. Section 3. Statewide Flexible Benefits Advisory Commit-tee. There is hereby established a Statewide Flexible Benefits Advisory Committee (FBAC) for the purpose of assisting the State in developing and maintaining an effective flexible benefits plan for State employees. The FBAC shall make recommendations to the State Personnel Director concerning the administration of the Flexible Benefits Plan and the components of the flexible benefits package for State employees. Section 4. Duties of the FBAC. The FBAC shall be responsible for the following: (a) Assisting the SEFBP in developing administrative functions; (b) Reviewing existing flexible benefit programs in State government; (c) Recommending pre-tax benefits to be included in the SEFBP; (d) Assisting in reviewing contracts and administering spending accounts; and (e) Undertaking other functions as necessary. Section 5^ Membership. The membership of the FBAC shall consist of 14 members and 3 ex-officio members. Members shall be appointed to a three year staggered term. Members are as follows: 10:17 NORTH CAROLINA REGISTER December 1, 1995 2222 EXECUTIVE ORDERS (a) A Representative from the State Controller's Office; (b) A Representative from the State Treasurer's Office; (c) A Representative from the State Budget Office; (d) A Representative from the Attorney General's Office; (e) A Representative from the State Health Benefits Office; (f) A Representative from the Administrative Office of the Courts; (g) A Representative from the Department of Environ-ment, Health, and Natural Resources; (h) A Representative from the University of North Carolina System; (i) A Representative from the State Employees Asso-ciation; (j) A Representative from the Department of Human Resources; (k) A Representative from the Department of Trans-portation; (1) A Representative from the Department of Correc-tion; and (m) Two Representatives of the private sector. One representative each from the Department of Public Instruction and the Community Colleges shall serve as non-voting ex officio members. The SEFBP Manager shall serve as a voting ex officio member and provide support staff as required. WHEREAS, under this Act, State agencies, institutions, and political subdivisions are conditionally allowed to purchase goods and services directly from nonprofit workcenters for the blind and severely disabled; and WHEREAS, North Carolina has over 400 blind citizens and approximately 5,200 people with severe disabilities who are employed by work centers for the blind and severely disabled; and WHEREAS, the work centers actively train hundreds of blind and severely disabled people for employment each year; and WHEREAS, it is in the best interests of the State of North Carolina to provide blind and severely disabled citizens with opportunities to lead more productive and meaningful lives and to support themselves and their families independent of public assistance monies. NOW, THEREFORE, by the authority vested in me as Governor by the laws and Constitution of the State of North Carolina, IT IS ORDERED: Section 1^ The Department of Administration shall compile and maintain an accurate list of all North Carolina nonprofit work centers for the blind and severely disabled as such centers are defined in North Carolina General Statute 143-48. (b)(lb) within the Act above-noted. The Director of the Office of State Personnel shall appoint a Chair from among the membership for a one year term. This order shall be effective immediately. Done in Raleigh, North Carolina, this the 27th day of October, 1995. EXECUTIVE ORDER NO. 89 DIRECTING STATE PURCHASING AGENTS TO MEET WITH REPRESENTATIVES OF THE BLIND AND SEVERELY DISABLED Section 2i The Department of Administration shall take all reasonable steps it deems necessary and appropriate to ensure: a. That purchasing agents of all State government agencies and institutions subject to this Order and North Carolina General Statute 143^8.2 within the Act are aware of, and have ready access to, the list described above; and, b. That all Usted nonprofit work centers for the blind and severely disabled are apprised of the opportunities available by virtue of the Act. This Order is effective immediately. WHEREAS, the General Assembly of North Carolina has recently passed legislation, which becomes effective January 1, 1996, entitled "AN ACT TO ENCOURAGE THE PURCHASE OF COMMODITIES AND SERVICES OFFERED BY BUND AND SEVERELY DISABLED PERSONS" (Senate Bill 519, 1995 Session); and Done in Raleigh, North Carolina, this the 31st day of October, 1995. 2223 NORTH CAROLINA REGISTER December 1, 1995 10:17 IN ADDITION STATE OF NORTH CAROLINA COUNTY OF WAKE BEFORE THE TAX REVIEW BOARD IN THE MATTER OF: The Estate of Edith Virginia Stone, Joan B. DiNapoli, Executrix ADMINISTRATIVE DECISION NUMBER: 308 THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on August 29, 1995 in the City of Raleigh, Wake County, North Carolina in the office of the State Treasurer. It involves an appeal filed on behalf of the Estate of Edith Virginia Stone by Joan B. DiNapoli, Executrix, (hereinafter "Taxpayer") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services for the Department of Revenue (hereinafter "Assistant Secretary") entered on March 22, 1995, sustaining the denial of an inheritance tax refund. Chairman Harlan E. Boyles presided over the hearing with ex officio member, Hugh Wells, Chairman, Utilities Commission and duly appointed member, Jeff D. Batts, Attorney at Law participating. Joan B. DiNapoli, Executrix, appeared on behalf of the Estate of Edith Virginia Stone; Marilyn R. Mudge, Associate Attorney General, appeared on behalf of the Department of Revenue. The Tax Review Board, as a quasi-judicial body, provides administrative review to Taxpayers from the Secretary of Revenue's decisions sustaining the assessment of tax or additional tax pursuant to the North Carolina Revenue Laws. Pursuant to N.C.G.S. § 105-241.2, the Board shall confirm, modify, reverse, reduce or increase the assessment or decision of the Secretary. THE BOARD HAVING REVIEW THE PETITION AND RECORD MADE IN THE PROCEEDING AND HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED RENDERED THE FOLLOWING DECISION: that the findings of fact made by the Assistant Secretary were fully supported by competent evidence in the record, that the conclusions of law made by the Assistant Secretary were fully supported by the findings of fact, and that the decision by the Assistant Secretary was fiilly supported by the conclusions of law; respect. IT IS THEREFORE ORDERED that the Final Decision of the Assistant Secretary is CONFIRMED in every Entered this the 31st day of October, 1995. TAX REVIEW BOARD S/ Harlan E. Boyles, Chairman State Treasurer S/ Hugh Wells Chairman, Utilities Commission S/ Jeff D. Batts, Appointed Member 10:17 NORTH CAROLINA REGISTER December 1, 1995 2224 IN ADDITION STATE OF NORTH CAROLINA COUNTY OF WAKE BEFORE THE TAX REVIEW BOARD IN THE MATTER OF: The Proposed Assessment of Sales and Use Tax against MCI EQUIPMENT CORPORATION and MCI LEASING, INC. for the taxable period of April 1, 1983 through November 30, 1984 and The Proposed Assessment of Sales and Use Tax against MCI TELECOMMUNICATIONS CORPORATION for the taxable period of April 1, 1983 through December 31, 1985. ADMINISTRATIVE DECISION NUMBER: 309 THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on August 29, 1995 in the City of Raleigh, Wake County, North Carolina, in the office of the State Treasurer. It involved an appeal by MCI Equipment Corporation, MCI Leasing, Inc. and MCI Telecommunications Corporation (hereinafter collectively referred to as "Taxpayers") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services for the Department of Revenue (hereinafter "Assistant Secretary") entered on February 2, 1995, sustaining a proposed assessment of additional sales and use tax for the taxable period of April 1, 1983 through November 30, 1984 and the taxable period of April 1, 1983 through December 31, 1985. Chairman Harlan E. Boyles presided over the hearing with ex officio member, Hugh Wells, Chairman, Utilities Commission and duly appointed member, Jeff D. Batts, Attorney at Law. Douglas A. Richards, Senior Tax Counsel appeared on behalf of the Taxpayer; Kay Linn Miller Hobart, Associate Attorney General, appeared on behalf of the Department of Revenue. The Tax Review Board, as a quasi-judicial body, provides administrative review to Taxpayers from the Secretary of Revenue's decisions sustaining the assessment of tax or additional tax pursuant to the North Carolina Revenue Laws. Pursuant to N.C.G.S. § 105-241.2, the Board shall confirm, modify, reverse, reduce or increase the assessment or decision of the Secretary. THE BOARD HAVING REVIEWED THE PETITION AND RECORD MADE IN THE PROCEEDING AND HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED RENDERED THE FOLLOWING DECISION: that the findings of fact made by the Assistant Secretary were fully supported by competent evidence in the record, that the conclusions of law made by the Assistant Secretary were fully supported by the findings of fact, and that the decision by the Assistant Secretary was fully supported by the conclusions of law; IT IS THEREFORE ORDERED that the Final Decision of the Assistant Secretary is CONFIRMED in every respect. Entered this the 31st day of October, 1995. TAX REVIEW BOARD S/ Harlan E. Boyles, Chairman State Treasurer S/ Hugh Wells Chairman, Utilities Commission S/ Jeff D. Batts, Appointed Member 2225 NORTH CAROLINA REGISTER December 1, 1995 10:17 I\ ADDITION STATE OF NORTH CAROLB^fA COUNTY OF WAKE BEFORE THE TAX REVIEW BOARD IN THE MATTER OF: The Proposed Assessment of additional Sales and Use Tax for the period of February 1, 1993 through August 31, 1993 by the Secretary of Revenue against Crown Aluminum ADMINISTRATIVE DECISION NUMBER: 310 THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on August 29, 1995 in the City of Raleigh, Wake County, North Carolina, in the office of the State Treasurer. It involves an appeal by Crown Aluminum (hereinafter "Taxpayer") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services for the Department of Revenue (hereinafter "Assistant Secretary") entered on March 10, 1995, sustaining a proposed assessment of additional sales and use tax for the period of February 1, 1993 through August 31, 1993. Chairman Harlan E. Boyles presided over the hearing with ex officio member, Hugh Wells, Chairman, Utilities Commission and duly appointed member, Jeff D. Batts, Attorney at Law. J. Roger Gregg, CPA and Wilfred Mayrand appeared at the Hearing; Christopher E. Allen, Associate Attorney General, appeared on behalf of the Department of Revenue. The Tax Review Board, as a quasi-judicial body, provides administrative review to Taxpayers from the Secretary of Revenue's decisions sustaining the assessment of tax or additional tax pursuant to the North Carolina Revenue Laws. Pursuant to N.C.G.S. § 105-241.2, the Board shall confirm, modify, reverse, reduce or increase the assessment or decision of the Secretary. THE BOARD HAVING REVIEWED THE PETITION AND RECORD MADE IN THE PROCEEDING AND HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED RENDERED THE FOLLOWING DECISION: that the findings of fact made by the Assistant Secretary were fully supported by competent evidence in the record, that the conclusions of law made by the Assistant Secretary were fully supported by the findings of fact, and that the decision by the Assistant Secretary was fully supported by the conclusions of law; IT IS THEREFORE ORDERED that the Final Decision of the Assistant Secretary is CONFIRMED in every respect. Entered this the 31st day of October, 1995. TAX REVIEW BOARD S/ Harlan E. Boyles, Chairman State Treasurer S/ Hugh Wells Chairman, Utilities Commission S/ Jeff D. Batts, Appointed Member 10:17 NORTH CAROLINA REGISTER December 1, 1995 2226 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. i DLP:GS:NT:tlb DJ 166-012-3 95-2902 U.S. Department of Justice Civil Rights Division Voting Section P.O. Box 66128 Washington, D.C. 20035-6128 November 2, 1995 George Weaver, Esq. Lee, Reece & Weaver P.O. Box 2047 Wilson, North Carolina 27894-2047 Dear Mr. Weaver: This refers to the procedures for conducting the November 7, 1995, special bond election for the Town of Elm City in Wilson County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on September 8, 1995. The Attorney General does not interpose any objection to the specified change. However, we note that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). I Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division By: Elizabeth Johnson Acting Chief, Voting Section % 2227 NORTH CAROLINA REGISTER December 1, 1995 10:17 RULE-MAKING PROCEEDING TITLE 10 - DEPARTMENT OF HUMAN RESOURCES SOCIAL SERVICES COMMISSION Notice of Rule-making Proceeding is hereby given by the Social Services Commission in accordance with G.S. 150B-21.2(b). 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 proceeding and any comments received on this notice. Rule Citation: W NCAC 411 .0100 Statutory Authority for the rule-making: G.S. 7A-544; 7A-552; 7A-675 Statement of the Subject Matter: Amendment of rules regarding the use or access of information contained in the Central Registry. Reason for Proposed Action: This action is proposed in order to make this section of the North Carolina Administra-tive Code congruent with Federal Rules which govern the eligibility requirements for receipt of grant moneys through the Child Abuse Prevention and Treatment Act (P.L. 102- 295). North Carolina has been notified by Federal authori-ties that grant moneys are jeopardized by non-compliance with Federal Codes. Comment Procedures: Anyone wishing to comment should contact Shamese Ransome, Special Assistant, NC Division of Social Services, 325 N. Salisbury Street, Raleigh, NC 27603, 919/733-3055. TITLE 21 - OCCUPATIONAL LICENSING BOARDS CHAPTER 1 - ACUPUNCTURE LICENSING BOARD Notice of Rule-making Proceeding is hereby given by the North Carolina Acupuncture Licensing Board in accordance with G.S. 150B-21.2(b). The agency shall subsequently publish in the Register the text of the rules it proposes to adopt as a result of this notice of rule-making proceeding and any comments received on this notice. Rule Citation: 21 NCAC 01 .0705, .0709 Statutory Authority for the rule-making: G.S. 90-456; 150B-38(h) Statement of the Subject Matter: 21 NCAC 01 .0705 - To present the procedure for initiating a formal hearing. 21 NCAC 01 .0709 - This Rule will contain procedures for revoking or suspending a license to practice acupuncture in North Carolina. Reason for Proposed Action: 21 NCAC 01 .0705 - To clarify procedures for initiating a formal hearing. 21 NCAC 01 .0709 - To present procedures for revoking or suspending licensure to practice acupuncture in North Carolina. Comment Procedures: All written comments must be mailed to Charlene Barbour, 1418 Aversboro Road, Gamer, NC 27529 and must be received by January 30, 1996. 10:17 NORTH CAROLINA REGISTER December 1, 1995 2228 TEMPORARY RULES The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making proceedings for a permanent rule that does not differ substantially from the published temporary rule. € TITLE 16 - DEPARTMENT OF PUBLIC EDUCATION Rule-making Agency: State Board of Education Rule Citation: 16 NCAC 6C .0401 Effective Date: November 15, 1995 Findings Reviewed by the Codifier of Rules: Approved Statutory Authority for the rule-making: G.S. 115C-272; 115C-285; 115C-302; 115C-316: 115C-336(c). Reason for Proposed Action: To enable certain public school employees to use vacation lea\'e in the event of a catastrophic illness. Comment Procedures: Written comments must be received by January 30, 1996 and directed to: Harry E. Wilson, State Board of Education, Education Building, Room 2086, 301 N. Wilmington Street, Raleigh, NC 27601-2825. CHAPTER 6 - ELEMENTARY AND SECONDARY EDUCATION SUBCHAPTER 6C - PERSONNEL SECTION .0400 - LEAVE .0401 VACATION LEAVE (a) All full-time or part-time permanent public school employees who are working or on paid leave for at least one-half of the calendar days in a month earn vacation leave, based on length of state service in North Carolina. (b) A part-time permanent employee in a budgeted position earns vacation leave on a pro rata basis. (c) Local boards of education may choose to record leave earned in hours. If leave is recorded in hours, the leave earned as indicated in this Paragraph wUl be multiplied times the regular number of hours worked per day. Employees earn vacation leave as follows: i Years of Days Per Month State Service of Employment Less than 2 yrs. 1.00 2 but less than 5 yrs. 1.15 5 but less than 10 yrs. 1.40 10 but less than 15 yrs. 1.65 15 but less than 20 yrs. 1.90 20 vrs. or more 2.15 (d) LEAs credit state service for full-time or part-time permanent employment figured on the same basis as for longevity pay. The LEA must establish the anniversary date for each employee on the basis of the employee's state ser\'ice. (e) The LEA may advance vacation leave to an employee. (f) The LEA transfers unused vacation leave when an employee transfers between LEAs. An employee may have leave transferred to or from a state agency or institution, community college or technical institute, a position subject to the State Personnel Act in a local mental health, public health, social services or emergency management agency, if the receiving agency is willing to accept the lea\e; otherwise, the employee will be paid in a lump sum for accumulated leave not to exceed 30 workdays or 240 hours, according to the earning rate. (g) Leave payment at separation is subject to the following: (1) An employee who is overdrawn on leave when he or she separates will have the excess leave corrected through a deduction from the final salary check. 2229 NORTH CAROLINA REGISTER December 1, 1995 10:17 % TEMPORARY RULES (2) Payment for leave may be made on the regular payroll or on a supplemental payroll. The LEA makes payment from the same source of funds and in the same proportion as the employee's salary is paid. (3) Terminal leave payment is subject to the same deductions as salary, including retirement. (4) The receipt of lump sum leave payment and retirement benefit is not dual compensation. (5) The LEA makes payment for unpaid salary, terminal leave and travel of a deceased employee to the personal representative of the deceased employee, or if there is no personal representative, to the Clerk of Superior Court of the county in which the employee resided. (h) Each LEA shall maintain leave records for all employees. LEAs must inform employees of their leave balances at least once a year. LEAs must retain leave records for separated employees for at least five years ftxjm the date of separation. (i) Leave must be taken in one-half days, whole days, or hours as determined for earning purposes by the local board. School bus drivers and instructional personnel who require a substitute may take vacation leave only on days when students are not in attendance. Instructional personnel who do not require a substitute may take vacation leave on any day school is in session. LEAs may designate specific scheduled workdays for required attendance as long as employees have an opportunity to take annual leave earned during the school year. Employees may charge leave taken only to scheduled teacher workdays and the ten vacation leave days scheduled in the school calendar. (k) Other employees may take vacation leave instead of sick leave. These employees must have an opportunity to take annual leave earned in the school year. (1) Employees may take vacation leave due to catastrophic illness as provided by G.S. 115C-336(c'). The local superintendent or a committee designated by the superintendent shall determine whether an illness is catastrophic by considering such factors as: (1) the debilitative nature of the condition; (2) the life-threatening potential of the condition: £3) the duration of the condition; (4) the monetary hardship incurred because of the condition; (5) the expected length of the leave; and (6) other options available to the employee, such as state disability. History Note: Statutory Authority G.S. 115C-272; 115C-285; 115C-302; 115C-316; Eff. July 1, 1986; Amended Eff. July 1, 1994; October 1, 1993; December 1, 1991; March 1, 1990; Temporary Amendment Eff. November 15, 1995. 10:17 NORTH CAROLINA REGISTER December 1, 1995 2230 RRC OBJECTIONS 1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 150B-21.9(a). State agencies are required to respond to RRC as provided in G.S. 150B-21. 12(a). AGRICULTURE Structural Pest Control Division 2 NCAC 34 .0904 - Prohibited Acts Agency Revised Rule ENVIRONMENT, HEALTH, AND NATURAL RESOURCES Environmental Health 15A NCAC 18A .2509 - Plan Review and Approval Rule Withdrawn by Agency ISA NCAC 18A .2531 - Wading Pools Agency Revised Rule 15A NCAC 18A .2531 - Spas and Hot Tubs Agency Revised Rule Environmental Management 15A NCAC 2B .0212 - Fresh Surface Water Quality Standards for Class WS-I Waters Agency Revised Rule 15A NCAC 2B .0214 - Fresh Surface Water Quality Standards for Class WS-II Waters Agency Revised Rule 15A NCAC 2B .0215 - Fresh Surface Water Quality Standards for Class WS-III Waters Agency Revised Rule 15A NCAC 2B .0219 - Fresh Surface Water Quality Standards for Class B Waters Agency Revised Rule 15A NCAC 2B .0222 - Tidal Salt Water Quality Standards for Class SB Waters Agency Revised Rule 15A NCAC 2B .0224 - High Quality Waters Agency Revised Rule Health: Epidemiology 15A NCAC 19H .0702 - Research Requests Rule Withdrawn by Agency Sedimentation Control RRC Objection Obj. Removed 10118195 10/18/95 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 09/21/95 15A NCAC 4B .0020 - Inspections and Investigations Agency Revised Rule Solid Waste Management 15A NCAC 13B .0815 - Incorporation by Reference Agency Revised Rule 15A NCAC 13B .0817 - Septage Management Firm Permits Agency Revised Rule 15A NCAC 13B .0819 - Septage Land Application Site Permits Agency Re\'ised Rule 15A NCAC 13B .0820 - Septage Detention and Treatment Facility Permits Agency Revised Rule RRC Objection Obj. Removed 09/21/95 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 2231 NORTH CAROLINA REGISTER December 1, 1995 10:17 RRC OBJECTIONS 15A NCAC 13B .0821 - Location of Septage Land Application Sites Agency Revised Rule 15A NCAC 13B .0822 - Management of Septage Land Application Sites Agency Revised Rule 15A NCAC 13B .0825 - Standards for Septage Treatment and Detention Facilities Agency Revised Rule RRC Objection 09/21/95 Obj. Removed 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 RRC Objection 09/21/95 Obj. Removed 09/21/95 HUMAN RESOURCES Facility Services 10 NCAC 3C .3001 - Definitions No Response from Agency Agency Revised Rule 10 NCAC 3C .3108 - Suspension of Admissions No Response from Agency Agency Revised Rule 10 NCAC 3C .3205 - Discharge of Minor or Incompetent No Response from Agency Agency Revised Rule 10 NCAC 3C .3302 - Minimum Provisions of Patient's Bill of Rights No Response from Agency Agency Revised Rule 10 NCAC 3C .3502 - Bylaws No Response from Agency Agency Revised Rule 10 NCAC 3C .3602 - Responsibilities No Response from Agency Agency Revised Rule 10 NCAC 3C .3603 - Personnel Policies and Practices No Response from Agency Agency Revised Rule 10 NCAC 3C .3607 - Personnel Health Requirements No Response from Agency Agency Revised Rule 10 NCAC 3C .3608 - Insurance No Response from Agency Agency Revised Rule 10 NCAC 3C .3704 - Status No Response from Agency Agency Revised Rule 10 NCAC 3C .3902 - Manager No Response from Agency Rule Returned to Agency 10 NCAC 3C .3904 - Patient Access No Response from Agency Agency Revised Rule 10 NCAC 3C .4003 - Policies and Procedures No Response from Agency Agency Revised Rule 10 NCAC 3C .4102 - Classification of Optional Emergency Services No Response from Agency Rule Returned to Agency 10 NCAC 3C .4104 - Medical Director No Response from Agency Rule Returned to Agency 10 NCAC 3C .4203 - Nursing Staff RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Cont'd 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Cont'd 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 10:17 NORTH CAROLINA REGISTER December 1, 1995 2232 RRC OBJECTIONS No Response from Agency Rule Returned to Agency JO NCAC 3C .4303 - Nursing Services Maternal Services No Response from Agency Rule Returned to Agency 10 NCAC 3C .4307 - Nursing Staff of Neonatal Services No Response from Agency Rule Returned to Agency 10 NCAC 3C .4401 - Organization No Response from Agency Rule Returned to Agency 10 NCAC 3C .4502 - Pharmacist No Response from Agency Rule Returned to Agency 10 NCAC 3C .4508 - Space RRC Rescinded its July Approval Rule Withdrawn by Agency 10 NCAC 3C .4512 - Medications Dispensed No Response from Agency Agency Revised Rule 10 NCAC 3C .4702 - Organization No Response from Agency Rule Returned to Agency 10 NCAC 3C .4703 - Sanitation and Safety No Response from Agency Agency Revised Rule 10 NCAC 3C .4704 - Distribution of Food No Response from Agency Agency Revised Rule 10 NCAC 3C .4705 - Nutritional Support No Response from Agency Rule Returned to Agency 10 NCAC 3C .4801 - Organization No Response from Agency Rule Returned to Agency 10 NCAC 3C .4905 - Tissue Removal and Disposal No Response from Agency Agency Revised Rule 10 NCAC 3C .5002 - Delivery of Care No Response from Agency Rule Returned to Agency 10 NCAC 3C .5201 - Psychiatric/Substance Abuse Svcs.: Applicability of Rules No Response from Agency Agency Revised Rule 10 NCAC 3C .5202 - Definitions Applicable/Psychiatric/Substance Abuse Svcs. No Response from Agency Agency Revised Rule 10 NCAC 3C .5205 - Seclusion No Response from Agency Agency Revised Rule 10 NCAC 3C .5302 - Definitions No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5309 - Nursing/Health Care Administration and Supervision No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5315 - Dental Care Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objeaion 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objeaion 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 10/18/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objeaion 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objeaion 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objeaion 07/13/95 Obj. Cont'd 09/21/95 Obj. Cont'd 10/18/95 RRC Objeaion 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objeaion 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objeaion 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objeaion 07/13/95 2233 NORTH CAROLINA REGISTER December I, 1995 10:17 RRC OBJECTIONS No Response front Agency Rule Withdrawn by Agency 10 NCAC 3C .5318 - Activities and Recreation No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5319 - Social Services No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5325 - Ventilator Dependence No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5326 - Physician Services for Ventilator Dependent Patients No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5405 - Physician Services in a HfV Designated Unit No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5407 - Use of Investigational Drugs on the HFV Designated Unit No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5501 - Definitions No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req. No Response from Agency Rule Wtihdrawn by Agency 10 NCAC 3C .5512 - Additional Req. for Traumatic Brain Injury Patients No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients No Response from Agency Rule Withdrawn by Agency 10 NCAC 3C . 6102 - List of Referenced Codes and Standards No Response from Agency Agency Revised Rule 10 NCAC 3C .6208 - Obstetrical Department Requirements No Response from Agency Agency Revised Rule 10 NCAC 3H .2001 - Definitions Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 10:17 NORTH CAROLINA REGISTER December 1, 1995 2234 RRC OBJECTIONS No Response from Agency Rule Returned to Agency 10 NCAC 3H .2201 - Administrator No Response from Agency Rule Returned to Agency 10 NCAC 3H .2202 - Admissions No Response from Agency Rule Returned to Agency 10 NCAC 3H .2203 - Patients Not to be Admitted No Response from Agency Rule Returned to Agency 10 NCAC 3H .2206 - Medical Director No Response from Agency Rule Returned to Agency 10 NCAC 3H .2209 - Infection Control No Response from Agency Agency Revised Rule 10 NCAC 3H .2212 - Quality Assurance Committee No Response from Agency Rule Returned to Agency 10 NCAC 3H .2301 - Patient Assessment and Care Planning No Response from Agency Rule Returned to Agency 10 NCAC 3H .2302 - Nursing Services No Response from Agency Rule Returned to Agency 10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements No Response from Agency Rule Returned to Agency 10 NCAC 3H .2401 - Maintenance of Medical Records No Response from Agency Rule Returned to Agency 10 NCAC 3H .2501 - Availability of Physician's Services No Response from Agency Rule Returned to Agency 10 NCAC 3H .2505 - Brain Injury Long-Term Care Physician Services No Response from Agency Rule Returned to Agency 10 NCAC 3H .2506 - Physician Services for Ventilator Dependent Patients No Response from Agency Rule Returned to Agency 10 NCAC 3H .2601 - Availability of Pharmaceutical Services No Response from Agency Agency Revised Rule 10 NCAC 3H .2604 - Drug Procurement No Response from Agency Agency Revised Rule 10 NCAC 3H .2605 - Drug Storage and Disposition No Response from Agency Rule Returned to Agency 10 NCAC 3H .2606 - Pharmaceutical Records No Response from Agency Rule Returned to Agency 10 NCAC 3H .2607 - Emergency Drugs No Response from Agency Rule Returned to Agency 10 NCAC 3H .2701 - Provision of Nutrition and Dietetic Services Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objeaion 07/13/95 Obj. Cont'd 09/21/95 Obj. Cont'd 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 2235 NORTH CAROLINA REGISTER December I, 1995 10:17 RRC OBJECTIONS No Response from Agency Agency Revised Rule 10 NCAC 3H .2801 - Activity Services No Response from Agency Rule Returned to Agency 10 NCAC 3H .2802 - Social Services No Response from Agency Rule Returned to Agency 10 NCAC 3H .3002 - Quality of Specialized Rehabilitation Services No Response from Agency Rule Returned to Agency 10 NCAC 3H .3003 - Ventilator Dependence No Response from Agency Rule Returned to Agency 10 NCAC 3H .3004 - Brain Injury Long-Term Care No Response from Agency Agency Revised Rule 10 NCAC 3H .3005 - Special Nursing Req. for Brain Injury Long-Term Care No Response from Agency Agency Revised Rule 10 NCAC 3H .3011 - HIV Designated Unit Policies and Procedures No Response from Agency Rule Returned to Agency 10 NCAC 3H .3012 - Physician Services in an HTV Designated Unit No Response from Agency Rule Returned to Agency 10 NCAC 3H .3013 - Special Nursing Requirements for an HIV Designated Unit No Response from Agency Rule Returned to Agency 10 NCAC 3H .3015 - Use of Investigational Drugs for HTV Designated Units No Response from Agency Rule Returned to Agency 10 NCAC 3H .3016 - Additional Social Work Req. for HTV Designated Units No Response from Agency Rule Returned to Agency 10 NCAC 3H .3021- Physician Req. for Inpatient Rehab. Facilities or Units No Response from Agency Rule Returned to Agency 10 NCAC 3H .3027 - Comprehensive Inpatient Rehab. Program Staffing Req. No Response from Agency Rule Returned to Agency 10 NCAC 3H .3031 - Additional Req. for Spinal Cord Injury Patients No Response from Agency Rule Returned to Agency 10 NCAC 3H .3103 -Site No Response from Agency Agency Revised Rule 10 NCAC 3H .3201 - Required Spaces No Response from Agency Agency Revised Rule 10 NCAC 3H .3401 - Heating and Air Conditioning No Response from Agency Agency Revised Rule 10 NCAC 3H .3404 - Other No Response from Agency Agency Revised Rule Obj. Cont'd 09121195 Obj. Cont'd 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Cont'd 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Cont'd 10/18/95 RRC Objeaion 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objeaion 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 RRC Objection 07/13/95 Obj. Cont'd 09/21/95 Obj. Removed 10/18/95 10:17 NORTH CAROLINA REGISTER December 1, 1995 2236 RRC OBJECTIONS RRC has Objected on 07/13/95 to the Following Repeals in 10 NCAC 3C .0101 - .0102, .0104 - .0110, .0201 - .0203, .0701 - .0708, .0801 - .0805, .0807, .0901 - .0917, .1001 - .1405, .1501 - .1508, .1510, .1601 - .1606, .1701 - .1717, No Response from Agency 10 NCAC 3C .1901 - .1912, .1915 - .1932, .2001 - .2008, No Response from Agency Rules Returned to Agency 10 NCAC 3H .0108 - .0109, .0206 - .0220, .0306 - .0318, .0705 - .0712, .0810 - .0812, .0903 - .0911, .1003 - .1008, .1210, .1306- .1308, .1405 - .1406, .1408 - .1410, .1501 No Response from Agency 10 NCAC 3C and 10 NCAC 3H: .0301 - .0307, .0401 - .0407, .0501 - .0505, 1102. .1201 - .1204, .1301 - 2101 - .2105. Obj. Cont'd Obj. Removed RRC Objection Obj. Cont'd .1006, .1101 - . 1801 - . 7505, .2020- .2033 .0407 - .0409, .0505 - .0507, .0510 - .0517, .1105 - .1109, .1130- .1136, .1150- .1163, .1503, .1612 - .1613, .1703 - .1704, .1804 - Obj. Cont'd Obj. Removed 0601 - .0604, 1303, .1401 - 09/21/95 10/18/95 07/13/95 09/21/95 10/18/95 0605 - .0609, 1204- .1208, .1807. 09/21/95 10/18/95 Medical Assistance 10 NCAC 261 .0101 - Purpose and Scope 10 NCAC 261 .0102 - Requests for Formal and Informal Appeals 10 NCAC 261 .0103 - Time Limits on Requests for Recipient/Applicant Informal Appeals 10 NCAC 261 .0106 - Payment Pending Appeals 10 NCAC 261 .0107 - Dismissal of Appeal Agency Revised Rule RRC Objection 10/18/95 RRC Objection 10/18/95 RRC Objection 10/18/95 RRC Objection 10/18/95 RRC Objection 10/18/95 Obj. Removed 10/18/95 LICENSING BOARDS AND COMMISSIONS Board of Medical Examiners 21 NCAC 32H .0506 - Certification Requirement: Emergency Medical Dispatcher Agency Revised Rule 21 NCAC 32N .0002 - Continuances Agency Responded - Agency Will Not Revise Rule RRC' Objection 08/10/95 Obj. Removed 09/21/95 RRC' Objection 08/10/95 Obj. Cont 'd 09/21/95 Board of Pharmacy 21 NCAC 46 .2601 - Dispensing and Delivery Agency Revised Rule Agency Revised Rule RRC Objection Obj. Cont'd Obj. Removed 08/10/95 08/10/95 09/21/95 Board of Physical Therapy Examiners 27 NCAC 48C .0103 - Prohibited Practice Rule Withdrawn by Agency 21 NCAC 48E .01 10 - Foreign-Trained Physical Therapists Agency Revised Rule 21 NCAC 48G .0514 - Continuances Agency Revised Rule 21 NCAC 48H .0703 - Hearings Agency Revised Rule Board of Practicing Psychologists 21 NCAC 54 .1702 - Foreign Degree Application Policy Agency Revised Rule 09/21/95 RRC Objeaion 09/21/95 Obj. Removed 09/21/95 RRC Objeaion 09/21/95 Obj. Removed 09/21/95 RRC Objeaion 09/21/95 Obj. Removed 09/21/95 RRC Objeaion 09/21/95 Obj. Removed 09/21/95 2237 NORTH CAROLINA REGISTER December I, 1995 10:17 RRC OBJECTIONS ^ PUBLIC EDUCATION Elementary and Secondary Education 16 NCAC 6D .0106 - Limited English Proficiency Programs Rule Withdrawn by Agency SECRETARY OF STATE Securities Division 75 NCAC 6 . 1209 - Nonprofit Securities Agency Revised Rule Rule Returned to Agency 18 NCAC 6 . 1314 - Escrow Agreements Rule Returned to Agency 18 NCAC 6 .1401 - Application for Registration of Dealers Agency Revised Rule Rule Returned to Agency 18 NCAC 6 .1702 - Application for Investment Adviser Registration Agency Revised Rule Rule Returned to Agency STATE PERSONNEL Office of State Personnel 25 NCAC IE . 1408 - Certification Agency Revised Rule 25 NCAC IJ .0615 - Special Provisions Agency Revised Rule 10/18/95 RRC Objection 08/10/95 Obj. Cont'd 08/10/95 09/21/95 RRC Objection 08/10/95 09/21/95 RRC Objection 08/10/95 Obj. Cont'd 08/10/95 09/21/95 RRC Objection 08/10/95 Obj. Cont'd 08/10/95 09/21/95 RRC Objection Obj. Removed RRC Objection Obj. Removed 09/21/95 09/21/95 09/21/95 09/21/95 10:17 NORTH CAROLINA REGISTER December 1, 1995 2238 CONTESTED CASE DECISIONS Ihis Section conlains thejull text ofsome of the more significant Administrative Law Judge decisions along with an index to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. f AGENCY CASE NUMBER AU DATE OF DECISION PUBLISHED DECISION REGISTER CITATION ADMINISTRATION Division of Purchase and Contract Senter-Sandere Tractor Corp. v. Admin., Div of Purchase & Contract 94 DOA 0803 Nesnow CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration, 95 DOA 0194 Pbipps Div. of Purchase & Contract, et al. 03/06/95 06/13/95 Stale Construction Office W. M. Piatt & Company v. Suu Construction Office, DOA 94 DOA 0738 Nesnow Holland Group, Inc. v. Dept. of Administration, St. Construction Office 94 DOA 1565 Nesnow ALCOHOLIC BEVERAGE CONTROL COMMISSION 04/11/95 06/01/95 10:03 NCR 221 10:07 NCR 619 Ali Alsaras v. Alcoholic Beverage Control Commission Norman D. Forbes v. Alcoholic Beverage Control Commission Ben Sproui and Steve Pauls v. Alcoholic Beverage Control Comm. Albert Stanley Tomanec v. Alcoholic Beverage Control Commission Robert Johnson v. Alcoholic Beverage Control Commission Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. John H. Robinson v. Alcoholic Beverage Control Commission Clara and Carson Young v. Alcoholic Beverage Control Commission Vladimir Walter Kozlik Jr. v. Alcoholic Beverage Control Commission Bryan Lynn Whitaker, Susan Ansley Whitaker v. ABC Commission Diamond Club, Inc. v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Commission v. Weisner, Inc. Robert Louis Reese v. Alcoholic Beverage Control Commission Ray E. Bailey v. Alcoholic Beverage Control Commission Legwin Z. Williams v. Alcoholic Beverage Control Commission Taleh Abed Rahman v. Alcoholic Beverage Control Commission Sherrill Douglas Langston v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Comm. v. Janice Mae Miles Imran Ali Hameerah v. Alcoholic Beverage Control Commission and City of Raleigh Ali Mohamcd Ahmed v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Commission v. Vladimir Walter Kozlik Jr. Mychal R. Hill v. Alcoholic Beverage Control Commission Alcoholic Beverage Control Comm. v. Goldstar Food, Inc. Collie Hawkins v. Alcoholic Beverage Control Commission Alcoholic Bev Cont Comm. v. Partnership, T/A Royal Knights Soc Club Alcoholic Beverage Control Commission v. Lebby Rhew Allen Alcoholic Beverage Control Comm. v. Nancy Wheeler Wolfe John Edsel Rhodes v. Alcoholic Beverage Control Commission BOARD OF CHIROPRACTIC EXAMINERS 94 ABC 0526 Chess 05/16/95 94 ABC 0787 Gray 03/17/95 94 ABC 1046 Chess 08/17/95 94 ABC 1168 Becton 03/07/95 94 ABC 1661 West 05/01/95 94 ABC 1682 Chess 05/03/95 94 ABC 1694 Maim 03/29/95 94 ABC 1727 Morrison 05/18/95 94 ABC 1729 Chess 05/11/95 94 ABC 1754*'^ Mann 08/02/95 10:11 NCR 960 94 ABC 1784 Mann 04/19/95 94 ABC 1803 Mann 04/07/95 95 ABC 0068 West 06/07/95 95 ABC 0074 Chess 05/25/95 95 ABC 0210 Gray 05/01/95 95 ABC 0224 Nesnow 05/31/95 10:06 NCR 417 95 ABC 0323 Phipps 08/02/95 95 ABC 0415 Nesnow 08/01/95 10:10 NCR 868 95 ABC 0434 West 07/20/95 95 ABC 0477 Phipps 07/14/95 95 ABC 0487 Gray 10/03/95 95 ABC OSIS*!^ Mann 08/02/95 10:11 NCR 960 95 ABC 0617 Morrison 09/08/95 95 ABC 0678 Gray 10/30/95 95 ABC 0696 Gray 10/06/95 95 ABC 0711 Phipps 09/14/95 95 ABC 0712 Gray 10/04/95 95 ABC 0713 Phipps 09/14/95 95 ABC 0792 Nesnow 10/25/95 I Robert J. Manna, D.C. v. Board of Chiropractic Examiners CRIME CONTROL AND PUBLIC SAFETY Patrick O. Hawkins v. Office of Administrative Hearings 95 BOC 1105 West 95 CPS 0361 Phipps 10/20/95 08/01/95 # 2239 NORTH CAROLINA REGISTER December 1, 1995 10:17 CONTESTED CASE DECISIONS AGENCY CASE NUMBER AU DATE OF DECISION PUBLISHED DECISION REGISTER CITATION Crime Victims Compensation Commission John Pavlikianidis v. Victims Compensation Commission Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission Phyllis H. Stcinmctz v. Crime Victims Compensation Commission Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm. Wayne L. Utley v. Crime Victims Compensation Commission Sandra H. Hughes v. Victims Compensation Commission Kristine S. Ray v. Crime Victims Compensation Commission Shiriey Moody Myers v. Crime Victims Compensation Commission Tliomasine Inman v. Crime Victims Compensation Commission Irmgard Gordos v. Crime Victims Compensation Commission Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission Ellen Sherwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp Anthony Harold Stone v. Crime Victims Compensation Commission Howard B. Peterson v. Crime Victims Compensation Commission Ella Ruth Jordan v. Gary B. Eichelberger Dir., Crime Vic. Comp. Comm. Lynn H. Henderson v. CPS, Victims Compensation Commission Lanisha Bey v. Crime Victims Compensation Conmiission Percible Gaston v. Crime Victims Compensation Commission Horton Edward v. Crime Victims Compensation Commission David Leo Rice v. CPS, Crime Victims Compensation Commission Janet Ring Stevens v. Crime Victims Compensation Commission Michael A. Herd v. Crime Victims Compensation Commission Juan Aguilar v. Crime Victims Compensation Conmiission Albert Lionell Meadows v. Crime Victims Compensation Commission John Kuwalik v. Crime Victims Compensation Commission Sandra Jones v. Crime Victims Compensation Commission Edsel Batts Jr. v. CPS, Crime Victims Compensation Commission James T. Todd v. Crime Victims Compensation Conmiission Mark Edward Altman v. CPS, Crime Victims Compensation Commission Fred McMillan v. Victims Compensation Commission Brandi Faith Blalock, Dorothy Smith Blalock v. Crime Vic Comp Comm. Roland Lee Kelly, Jr. v. United Family Svcs, Vic Assis/Crime Vic. Comp Diane B. Commander v. Crime Victims Compensation Commission Danny Ray Bell v. Crime Victims Compensation Commission Margie Lunsford v. Crime Victims Compensation Commission Donald Ray Williams v. Crime Victims Compensation Commission Jill M. LaSanta v. Crime Victims Compensation Commission BOARD OF ELECTROLYSIS EXAMINERS 94 CPS 0237 Morrison 03/21/95 10:02 NCR 176 94 CPS 0445** West 05/30/95 94 CPS 0542 West 05/16/95 94 CPS 1177 Mann 06/12/95 94 CPS 1180 Becton 03/07/95 94 CPS 1600 Morrison 06/09/95 94 CPS 1673 Chess 04/20/95 94 CPS 1674 Chess 04/20/95 94 CPS 1731 Nesnow 03/09/95 94 CPS 1782 Gray 03/09/95 95 CPS 0010** West 05/30/95 95 CPS 0012 West 03/22/95 95 CPS 0115 Chess 08/22/95 95 CPS 0163 Reilly 07/06/95 95 CPS 0181 West 06/21/95 95 CPS 0212 Morrison 05/08/95 95 CPS 0245 Reilly 06/02/95 95 CPS 0270 Gray 06/13/95 95 CPS 0331 Phipps 07/25/95 95 CPS 0335 Morrison 09/15/95 95 CPS 0337 Gray 07/21/95 95 CPS 0349 Chess 08/15/95 95 CPS 0356 Reilly 06/22/95 95 CPS 0373 Gray 09/27/95 95 CPS 0381 Becton 07/10/95 95 CPS 0427 Nesnow 06/02/95 95 CPS 0456 Phipps 09/29/95 95 CPS 0459 Nesnow 09/26/95 10:15 NCR 1624 95 CPS 0461 West 07/25/95 95 CPS 0481 Phipps 10/12/95 95 CPS 0540 Phipps 10/10/95 10:15 NCR 1628 95 CPS 0568 Phipps 08/09/95 95 CPS 0591 Nesnow 10/19/95 95 CPS 0737 Reilly 09/11/95 95 CPS 0779 Becton 09/19/95 95 CPS 0788 Nesnow 11/17/95 95 CPS 1029 Reilly 10/25/95 Diane Rawls v. North Carolina Board of Electrolysis Examiners E>fVIRONMENT, HEALTH. AND NATURAL RESOURCES 95 BEE 0173 West 08/03/95 94 EHR 0950 Gray 94 EHR 1676 Nesnow 94 EHR 1756 Becton 95 EHR 0016 Phipps Concrete Supply Company v. Environment, Health, & Natural Resources Setzer Bros. Inc. v. Environment, Health, and Natural Resources Environment, Health, & Natural Resources v. Royal James Cafe John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR and Shugart Enterprises, Inc. Browning-Ferris Ind. of S. Atlantic, Inc. and Sampson Cty. Disposal, Inc. 95 EHR 0506 West V. Dept. of Environment, Health, and Natural Resources, and Hoke County and Bladen County Bruce Wike v. Environment, Health, &. Natural Resources 95 EHR 0560 West 05/23/95 03/09/95 06/30/95 11/03/95 06/13/95 11/15/95 10:06 NCR 414 10:08 NCR 696 10:17 NCR 2279 Carteret County Health Departnunt Elmer &. Pandora Edwards v. Carteret County Health Department Coastal Resources 95 EHR 0075 Nesnow 10/24/95 William C. Young v. Coastal Resources Commission and Robert L. Casper, Jr. and Mary M. Casper Howard C. Slack v. Coastal Resources Comm, EHNR 95 EHR 0009 Chess 95 EHR 0140 Phipps 06/13/95 03/22/95 10:02 NCR 185 10:17 NORTH CAROLINA REGISTER December 1, 1995 2240 CONTESTED CASE DECISIONS AGENCY CASE NUMBER ALJ DATE OF DECISION PUBLISHED DECISION REGISTER CITATION Chess Chess 91 EHR 1179*^ West 05/30/95 92 EHR 0021-' Gray 04/03/95 92 EHR 0053*' Gray 04/03/95 93 EHR 0273*' West 05/30/95 94 EHR 0894 Nesnow 05/08/95 94 EHR 1755 West 06/06/95 Davidson County Health Department John Dee Clodfelter v. Davidson County Health Dept.; EHNR 94 EHR 1037 Environmental Health EEE-ZZZ Lay Drain Compnay, Inc. v. On-Site Wastewater Section, 94 EHR 0745 Division of Environmental Health Environmental Management United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. and Duke Power Company Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. and Duke Power Company United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. Kenan Oil Company, Inc. v. EHNR, Div. of Environmental Mgmt. Moffitt and Pierce Construction, Inc. v. EHNR, Environmental Mgmt. Division of Epidemiology Mark Bryant Stocksdale & Wife, Cathie v. EHNR, Div. of Epidemiology 95 EHR 0059 Reilly Hyde County Health Department Fritzner Henry v. Hyde County Health Department 94 EHR 0924 Gray Macon County Health Department Four Residents on Genva Circle v. Macon County Health Department 94 EHR 1202 Nesnow Marine Fisheries Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 94 EHR 1786 Chess Maternal and Child Health Jimmy Franklin v. EHNR Maternal & Child Hlth, Nutrition Services Middleburg Variety v. EHNR, Maternal & Child Health, Nutrition Svcs. Taisser Shehadeh v. EHNR, Maternal & Child Health, Nutrition Svcs. Philip Haskins v. EHNR, Div. of Maternal & Child Health Food City, Inc. v. Dept of Environment, Health, & Natural Resources Cameron Brian White v. EHNR, Maternal & Child Health, Nutrition Svcs. Barbara R. Amer d/b/a 31 1 Grocery Store v. EHNR Sameer Mohammed Dari v. EHNR, Maternal & Child Health, Nutn Svcs. 95 Goldston Grocery, Larry Mis v. EHNR, Div. of Maternal & Child Health 95 Barbara R. Amer d/b/a 31 1 Grocery Store v. EHNR Donnie Blalock v. EHNR, Maternal & Child Health, Nutrition Svcs. New Hanover County Health Department Gus Kalogiros v. New Hanover Co. (Health Dept.), Adm & Env. Svcs 94 EHR 1073 Morrison Pitt County Public Health Center Mary Joyner Dudley v. Pitt County Public Health Center & EHNR 94 EHR 1043 Gray Tony P. Moore v. EHNR, & Pitt County Public Health Center 95 EHR 0537 Reilly Division of Solid Waste Management Cherokee Resources Inc. v. EHNR, Div. of Solid Waste Management 92 EHR 1028 Phipps Joyce Hildreth v. EHNR, Division of Solid Waste Management 95 EHR 0851 Morrison 03/13/95 04/24/95 10/30/95 03/09/95 03/27/95 05/22/95 94 EHR 0288 Gray 05/22/95 94 EHR 1601 Chess 05/01/95 94 EHR 1711 Chess 05/02/95 94 EHR 1777 Chess 03/09/95 95 EHR 0372 Reilly 08/10/95 95 EHR 0687 Nesnow 10/19/95 95 EHR 0706*" Reilly 10/23/95 EHR 0853 Gray 10/10/95 EHR 0869 Becton 09/13/95 95 EHR 0874*'^ Reilly 10/23/95 95 EHR 0892 Gray 09/14/95 04/28/95 06/27/95 10/09/95 09/29/95 09/13/95 10:14 NCR 1410 -*^ Consolidated cases. 2241 NORTH CAROLINA REGISTER December 1, 1995 10:17 CONTESTED CASE DECISIONS AGENCY CASE NUMBER ALJ DATE OF DECISION PUBLISHED DECISION REGISTER CITATION 95 DHR 0216 Reilly 06/02/95 95 DHR 0366 Rcilly 07/19/95 95 DHR 0507 West 10/18/95 Wayne Cowtty Department of Health Habib Abdallah v. Wayne County Department of Health (WIC Program) 95 EHR 0864 Hiipps EQUAL EMPLOYMENT OPPORTUNITY Maraha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 90 EEC 0379 Chess HUMAN RESOURCES Veronica Spearman, John P. Spearman v. Dept. of Human Resources Sandra Jean Taylor v. Department of Human Resources Claudia Toriola v. Department of Human Resources Division of Child Development lola Malloy v. DHR, Division of Child Development Helen J. Walls, D/B/A Walls Young World v. Dept. of Human Resources Samuel Simmons & Wife, Alphia Mack Simmons v. Human Resources Willie & Pamela Sturgess v. DHR, Division of Child Development Esther Elder v. DHR, Division of Child Development Theresa B. Thomas v. DHR, Division of Child Development Ellen H. Sams v. DHR, Division of Child Development Dixie Jenkins v. DHR, Division of Child Dev., Elizabeth Alexander Hill Street Day Care Center v. DHR, Division of Child Development Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev. Division of Facility Services William H. Cooke v. DHR, Division of Facility Services Mildred Reece, Calvin Recce v. DHR, Division of Facility Services Domiciliary & Group Care Section Lisa Marie Shanks v. Department of Human Resources Brenda I. McAllister v. DHR, Division of Facility Services Henry Brown, Sr. v. Department of Human Resources 94 DHR 0849 Mann 94 DHR 1362 Becton 94 DHR 1617 Gray 94 DHR 1631 Reilly 94 DHR 1771 Reilly 95 DHR 0268 Morrison 95 DHR 0293 Phipps 95 DHR 0315 West 95 DHR 0407 Chess 95 DHR 0450 Phipps Bingo Licensure Section The Regular Veterans Association of the United States and the Sixteen 95 DHR 0040 Morrison Posts of the Regular Veterans Association of the United States and the Regular Veterans Association Auxiliary Located in the Stale of North Carolina v. DHR, Division of Facility Services, Bingo Licensure Section Certificate of Need Section The Carrolton of FayetteviUe, Inc. and Highland House of Faycttcville, 94 DHR 0197*' Reilly Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, Certificate of Need Section and Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care The Carrolton of FayetteviUe, Inc. and Highland House of FayetteviUe, 94 DHR 0198*^ Reilly Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, Certificate of Need Section and Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care Retirement Villages, Inc. (Lessor), and Liberty Healthcare Lid. 94 DHR 0403 Chess Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, Division of Facility Services, Certificate of Need Section and Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ Wallace, Inc. Gordon G. Koltis, M.D., Carolina Radiation & Cancer Treatment Center, 94 DHR 1820 Chess P. A., and Carolina Radiation Medicine, P. A. v. DHR, Div. of Facility Services, Certificate of Need Section, and Pitt County Memorial Hospital, Inc. 09/27/95 04/03/95 03/03/95 03/20/95 09/13/95 07/10/95 03/17/95 07/14/95 08/08/95 08/25/95 10/13/95 06/02/95 94 DHR 0565 Gray 03/16/95 94 DHR 1783 Gray 03/16/95 95 DHR 0121 West 08/03/95 95 DHR 0149 West 09/11/95 95 DHR 0526 Becton 10/05/95 04/13/95 04/05/95 04/05/95 12/14/94 09/25/95 10; 13 NCR 1205 10:17 NORTH CAROLINA REGISTER December 1, 1995 2242 CONTESTED CASE DECISIONS AGENCY CASE NUMBER ALJ 93 DHR 1736 Reilly 05/22/95 93 DHR 1737 Reilly 05/22/95 94 DHR 1170 Reilly 10/18/95 94 DHR 1627 Morrison 07/06/95 95 DHR 0448 Ncanow 10/24/95 95 DHR 0488 Phipps 10/31/95 Office of Emergency Medical Services Charles M. En^in v. DHR, Facility Svcs. Off. of Emgcy. Medical Svcs. 92 DHR 1697 Chess Medical Facilities Licensure Section Shelia Mane Hall v. DHR, Div/Facility Svce., Med. Facilities Lie. Sec. 95 DHR 0307 Joe Junior Bailey v. DHR, Div/Facility Svcs.. Med. Facilities Lie. Sec. 95 DHR 0322 Linda Faye Taylor v. DHR. Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0410 Evangeline of King. Inc. v. DHR. Div/Fac Svcs. Med. Facilities Lie. Sec. 95 DHR 0413 Nicole Murphy v. DHR, Div/Facility Svcs, Med. Facilities Lie. See. 95 DHR 0863 Division of Medical Assistance A.S.. by and through her agent and personal representative. Hank Neai V. DHR. Division of Mcdieal Assistance D.A., by and through his agent and personal representative. Hank Ncal V. DHR. Division of Medical Assistance Stephen K.. &. Christopher &- Katina Komorek v. DHR, Med Assistance Division of Social Services Cecilia Y. Wall, William S. Wall v. Department of Human Resources Sandra M. Hawkins v. DHR. Division of Social Scr\'icc8 Robert A. Byers, Sharon L. Byers v. DHR. Div. of Social Services ChiUJ Support Enforcemeni Section Daniel J. Carter v. Department of Human Resources Shawn Dominic Caldwell v. Department of Human Resources William Zonta Thompson v. Department of Human Resources Jackie E. Hackney v. Department of Human Resources Lenzo Davis v. Department of Human Resources Frank M. Swett v. Department of Human Resources Elbert Quick v. Department of Human Resources Dennis E. BarkJey v. Department of Human Resources Clement McMillan v. Department of Human Resources Herbert James Jackson lU v. Department of Human Resources Lany James Walker Jr. v. Department of Human Resources James R. Gray v. Department of Human Resources Manuel F. Isla v. Department of Human Resources John D. Bird v. Department of Human Resources Lacy Green, Jr. v. Department of Human Resources Leon McNair v. Department of Human Resources Edwin A. Clarke v. Department of Human Resources Wolfgang R. Walker v. Department of Human Resources Wyatt Roseboro v. Department of Human Resources Lloyd Lane Speake v. Department of Human Resources Raymond E. Dresser v. Department of Human Resources Terry L. Voder v. Department of Human Resources Ronald E. Lewis v. Department of Human Resources Richard L. Hiott v. Department of Human Resources Cecil Ray Hinshaw v. Department of Human Resources Terr) C. Brown v. Department of Human Resources Paul R. Johnson v. Department of Human Resources Henry C. Banks v. Department of Human Resources Lucille B. rXitler v. Department of Human Resources Charles Baseom Kiker v. Department of Human Resources Mandel Curry Edwards v. Department of Human Resources Tony M. Tart v. Department of Human Resources Wade E. Hampton v. Department of Human Resources Cecedrick Scott v. Department of Human Resources Gary Jay Stocks v. Department of Human Resources Paul E. Strawcutter v. Department of Human Resources John L. Osborne (Jr.) v. Department of Human Resources Richard L. Garver v. Department of Human Resources Jerry Glasper v. Department of Human Resources Cary G. Dannelly v. Department of Human Resources DATE OF DECISION 05/16/95 Ncsnow 08/11/95 Becton 09/13/95 Morrison 11/09/95 Reilly 08/14/95 Becton 10/20/95 91 CSE 1103 Morrifion 03/03/95 92 CSE 1449 Reilly 03/29/95 92 CSE 1559 Reilly 03/29/95 93 CSE 1088 Chess 03/20/95 93 CSE 1111 Becton 07/12/95 93 CSE 1123*5 Reilly 05/16/95 93 CSE 1169 Chess 03/08/95 93 CSE 1187 Reilly 06/30/95 93 CSE 1208 Chess 03/08/95 93 CSE 1209 Mann 08/11/95 93 CSE 1255 Morrison 06/12/95 93 CSE 1268 Chess 03/08/95 93 CSE 1270*'" Becton 07/28/95 93 CSE 1272 Gray 06/26/95 93 CSE 1295 Chess 03/08/95 93 CSE 1317 Becton 04/04/95 93 CSE 1319 Chess 03/08/95 93 CSE 1374 Gray 04/28/95 93 CSE 1423 Becton 04/25/95 93 CSE 1451 Chess 03/22/95 93 CSE 1459 Reilly 06/23/95 93 CSE 1498 Nesnow 06/02/95 93 CSE 1508 Mann 05/18/95 93 CSE 1509 Mann 04,'21/95 93 CSE 1513 Gray 05/08/95 93 CSE 1516 Morrison 05/08/95 93 CSE 1546 Gray 06/27/95 93 CSE 1556 Chess 03/22/95 93 CSE 1558 Chess 03/13/95 93 CSE 1561 Mann 04/21/95 93 CSE 1566*' Gray 05/31/95 93 CSE 1588 Becton 06/08/95 93 CSE 1593 Chess 04/20/95 93 CSE 1651 Chess 07/20/95 93 CSE 1652 Chess 03/21/95 93 CSE 1713 Mann 03/13/95 94 CSE 0140 Mann 05/30/95 94 CSE 0512 Becton 06/12/95 94 CSE 1016 Nesnow 07/21/95 94 CSE 1033 Nesnow 03/24/95 PUBLISHED DECISION REGISTUt CITATION 10:06 NCR 409 f I I 2243 NORTH CAROUNA REGISTER December 1, 1995 10:17 CONTESTED CASE DECISIONS AGENCY Robert G. Baker v. Department of Human Resources Tyrone Waddell v. Department of Human Resources Robert R. Thomas v. Department of Human Resources Bernard T. Wade v. Department of Human Resources Robert Earl While v. Department of Human Resources Willie Scott v. Department of Human Resources Rochester Levi Jones v. Department of Human Resources Timothy Brian EUer v. Department of Human Resources Marvin Massey v. Department of Human Resources Morgan Pate, Jr. v. Department of Human Resources Robert E. Dudley, Sr. v. Department of Human Resources Julian Lattimore v. Department of Human Resources James McFadden v. Department of Human Resources Wesley B. Meggs v. Department of Human Resources Anthony D. McCain v. Department of Human Resources John C. Kay v. Department of Human Resources Raymond B. Clontz Jr. v. Department of Human Resources James C. Rogers v. Department of Human Resources Ruby Fewell Henry v. Department of Human Resources Michael Leon McCain v. Department of Human Resources James A. Honer v. Department of Human Resources George C. Flowers v. Department of Human Resources Kendrick William Sims v. Department of Human Resources Carl E. Coffey v. Department of Human Resources Michael W. Bowen v. Department of Human Resources Roderick J. Smith v. Department of Human Resources Richard Dill v. Department of Human Resources James E. Freeman v. Department of Human Resources Jonathan D. Cauthen v. Department of Human Resources Ronnie J. Goina v. Department of Human Resources Ted C. Jenkins v. Department of Human Resources Anthony J. Gibbons v. Department of Human Resources Robert Wilson v. Department of Human Resources Grant Jules Marks v. Department of Human Resources Aaron C. Harris v. Department of Human Resources Donald L. Costello Sr. v. Department of Human Resources Kelvin L. Lankford v. Department of Human Resources Jeffrey Thomas Chambers v. Department of Human Resources Robert J. Holden v. Department of Human Resources Janet M. Johnson v. Department of Human Resources Michael L. Wright v. Department of Human Resources Amanda F. Blount v. Department of Human Resources Terry S. Gurganus v. Department of Human Resources John Napoleon Window Cross Pullium v. Dept of Human Resources Charles F. Haag Jr. v. Department of Human Resources Michael J. Montroy v. Department of Human Resources Linton Durante v. Department of Human Resources Timothy Rex Waddell v. Department of Human Resources Clarence Benjamin Banks Jr. v. Department of Human Resources Warren M. Williams v. Department of Human Resources Dennis L. Moore v. Department of Human Resources Dennis W. Cashion v. Department of Human Resources John Carroll Rodgers v. Department of Human Resources James Edward Knox, Jr. v. Department of Human Resources Kimberly M. Rinaldi, Robert L. Rinaldi v. Depl. of Human Resources David House v. Department of Human Resources Jerry Wayne Blanton v. Department of Human Resources Antonio Staton v. Department of Human Resources Aquslin S. Sanchez v. Department of Human Resources Fred Carter Jr. v. Department of Human Resources Ricky Ratliff v. Department of Human Resources Willie McNeil Jr. v. Department of Human Resources Ray Douglas Brickhouse v. Department of Human Resources Tyron G. Moore v. Department of Human Resources Paul A. Card v. Department of Human Resources James P. Barton, HI v. Department of Human Resources Darrin Yancey v. Department of Human Resources Douglas L. Lucas v. Department of Human Resources CASE DATE OF NUMBER i^J DECISION 94 CSE 1094 Chess 03/06/95 94 CSE 1096 Mann 05/30/95 94 CSE 1 100 Becton 07/28/95 94 CSE 1101 Beeton 04/03/95 94 CSE 1102 Chess 08/08/95 94 CSE 1109 Chess 06/28/95 94 CSE 1116 Chess 05/15/95 94 CSE 1119 Reilly 03/29/95 94 CSE 1125 Mann 10/09/95 94 CSE 1127 Mann 03/20/95 94 CSE 1 128 Mann 03/31/95 94 CSE 1131 Reilly 03/13/95 94 CSE 1132 West 03/14/95 94 CSE 1 137 Gray 08/09/95 94 CSE 1141 Nesnow 05/16/95 94 CSE 1143 Chess 04/13/95 94 CSE 1149 Nesnow 03/03/95 94 CSE 1153 Gray 04/04/95 94 CSE 1157 Nesnow 03/16/95 94 CSE 1158 Becton 05/16/95 94 CSE 1160 Mann 08/03/95 94 CSE 1184 Mann 05/02/95 94 CSE 1186 Chess 05/01/95 94 CSE 1191 West 05/25/95 94 CSE 1192 Nesnow 07/21/95 94 CSE 1193 Becton 06/26/95 94 CSE 1195 Mann 03/29/95 94 CSE 1 199 West 07/18/95 94 CSE 1213 Chess 06/01/95 94 CSE 1214 Chess 06/01/95 94 CSE 1218 Gray 03/15/95 94 CSE 1219 Gray 03/15/95 94 CSE 1220 Gray 07/21/95 94 CSE 1222 Morrison 06/13/95 94 CSE 1225 Reilly 04/10/95 94 CSE 1228 West 03/17/95 94 CSE 1229 West 03/17/95 94 CSE 1231 Nesnow 03/03/95 94 CSE 1232 Nesnow 03/15/95 94 CSE 1236 Mann 06/02/95 94 CSE 1237 Gray 03/15/95 94 CSE 1238 Gray 11/14/95 94 CSE 1239 Gray 03/02/95 94 CSE 1241 Gray 03/15/95 94 CSE 1242 Gray 05/31/95 94 CSE 1244 Morrison 03/13/95 94 CSE 1245 Morrison 06/26/95 94 CSE 1246 Morrison 06/26/95 94 CSE 1247 Morrison 05/17/95 94 CSE 1248 Morrison 07/11/95 94 CSE 1249 Morrison 03/02/95 94 CSE 1250 Morrison 07/10/95 94 CSE 1251 Reilly 05/18/95 94 CSE 1254 Reilly 03/13/95 94 CSE 1255 Reilly 05/18/95 94 CSE 1256 Reilly 03/15/95 94 CSE 1257 Reilly 08/11/95 94 CSE 1258 West 07/21/95 94 CSE 1259 West 03/06/95 94 CSE 1260 West 05/22/95 94 CSE 1261 West 03/17/95 94 CSE 1262 West 03/17/95 94 CSE 1263 West 03/17/95 94 CSE 1264 West 03/17/95 94 CSE 1266 Nesnow 03/13/95 94 CSE 1267 Nesnow 06/02/95 94 CSE 1269 Nesnow 03/15/95 94 CSE 1270 Nesnow 03/15/95 PUBLISHED DECISION REGISTER CITATION 10:17 NORTH CAROLINA REGISTER December 1, 1995 2244 CONTESTED CASE DECISIONS AGENCY Gregory D. Simpson v. Department of Human Resources Lewis A. Garris v. Department of Human Resources Michael Lynn Avery v. Department of Human Resources Elvis M. Graham v. Department of Human Resources Shawn Fonville v. Department of Human Resources David Allan Blan v. Department of Human Resources James Lee. Jr. v. Department of Human Resources Noah L. Houston, Sr. v. Department of Human Resources Wilma Lee Burton v. Department of Human Resources Shannon Vanderaa v. Department of Human Resources Anthony Murray v. Department of Human Resources Carl J. McGuirc v. Department of Human Resources Tommy L. Burchficld v. Department of Human Resources Virgil L. Newby v. Department of Human Resources Gregory A. Rodrigues v. Department of Human Resources Nelson D. Edmonds v. Department of Human Resources Larry R. Bales v. Department of Human Resources Karl Philip Jurscn v. Department of Human Resources David Harrington v. Department of Human Resources Sterling Womack v. Department of Human Resources Michael L. Franks v. Department of Human Resources Hubert Bowe v. Department of Human Resources Edward Fitch v. Department of Human Resources Otis Lewis Jr. v. Department of Human Resources Robert F. Caloe Jr. v. Department of Human Resources William Anthony Winchester v. Department of Human Resources Aaron L- Clark v. Department of Human Resources Vincent R. Valles Sr. v. Department of Human Resources Gary W. Gibson v. Department of Human Resources Mark A. West v. Department of Human Resources John E. Bolas Jr. v. Department of Human Resources Gary C. Wiggins v. Department of Human Resources Rhonnie J. Williams v. Department of Human Resources Danny Ray Hensley v. Department of Human Resources Stanley Moore v. Department of Human Resources Rawn Weigel v. Department of Human Resources David C. Glenn v. Department of Human Resources Marc F. Carboni v. Department of Human Resources Ivy M. Harvell v. Department of Human Resources Terry L. McMillon v. Department of Human Resources Garry G. Hickman v. Department of Human Resources Willie Herring v. Department of Human Resources Joe C. Dean v. Department of Human Resources Jimmie E. Barnes v. Department of Human Resources Cecilia Carmosino v. Department of Human Resources Marvin F. Walker v. Department of Human Resources Terry L. Yoder v. Department of Human Resources Richard J. Almeida v. Department of Human Resources Gar>' E. Mills v. Department of Human Resources Michael R, French v. Department of Human Resources William R. Casey v. Department of Human Resources John A. Jackson v. Department of Human Resources Michael R. Roberts v. Department of Human Resources Kevin R. Nienke v. Department of Human Resources Cleothis B. Smith v. Department of Human Resources Leroy Johnson Jr. v. Department of Human Resources James Patterson v. Department of Human Resources Thomas Colon v. Department of Human Resources Walter Swimiak Jr. v. Department of Human Resources Michael R. Strong v. Department of Human Resources Marion Rodriguez v. Department of Human Resources Van Edward Arrington v. Department of Human Resources Jerry L. V^Tiite Sr. v. Department of Human Resources Dennis James Grimes v. Department of Human Resources Scott John Tozzi v. Department of Human Resources Wylie Norris Cooper Jr. v. Department of Human Resources Roger A. Eaton v. Department of Human Resources Willie J. Howers Jr. v. Department of Human Resources CASE DATE OF NUMBER ALJ DECISION 94 CSE 1272 Becton 03/15/95 94 CSE 1273 Becton 07/28/95 94 CSE 1274 Becton 03/15/95 94 CSE 1275 Becton 03/15/95 94 CSE 1277 Becton 03/06/95 94 CSE 1279 Cbeag 07/26/95 94 CSE 1280 Chess 04/10/95 94 CSE 1284 Chess 04/26/95 94 CSE 1285 Chess 07/12/95 94 CSE 1286 Mann 03/21/95 94 CSE 1287 Mann 03/21/95 94 CSE 1288 Mann 08/03/95 94 CSE 1289 Mann 03/21/95 94 CSE 1290 Mann 08/11/95 94 CSE 1300 Mann 03/21/95 94 CSE 1301 Gray 07/27/95 94 CSE 1302 Gray 03/02/95 94 CSE 1303 Gray 03/15/95 94 CSE 1304 Morrison 05/22/95 94 CSE 1305 Morrison 05/18/95 94 CSE 1307 Gray 09/21/95 94 CSE 1308 Mann 05/18/95 94 CSE 1313 Mann 05/02/95 94 CSE 1314 Mann 03/21/95 94 CSE 1329 Morrison 03/15/95 94 CSE 1331 Reilly 03/15/95 94 CSE 1332 ReiUy 03/15/95 94 CSE 1333 West 03/17/95 94 CSE 1334 West 03/06/95 94 CSE 1335 West 03/17/95 94 CSE 1336 Nesnow 03/15/95 94 CSE 1338 Nesnow 03/15/95 94 CSE 1339 Becton 03/15/95 94 CSE 1340 Becton 03/15/95 94 CSE 1341 Becton 07/28/95 94 CSE 1342 Chess 05/22/95 94 CSE 1343 Chess 04/20/95 94 CSE 1344 Chess 06/01/95 94 CSE 1345 Mann 03/21/95 94 CSE 1346 Mann 03/21/95 94 CSE 1348 Gray 03/15/95 94 CSE 1350 Morrison 03/02/95 94 CSE 1351 Morrison 03/15/95 94 CSE 1352 Reilly 03/03/95 94 CSE 1354 West 03/17/95 94 CSE 1355 West 03/17/95 94 CSE 1356 Nesnow 10/16/95 94 CSE 1357 Nesnow 03/15/95 94 CSE 1358 Becton 08/29/95 94 CSE 1359 Becton 03/15/95 94 CSE 1369 Mann 05/02/95 94 CSE 1370 Mann 03/07/95 94 CSE 1371 Mann 03/21/95 94 CSE 1372 Gray 07/18/95 94 CSE 1373 Gray 03/15/95 94 CSE 1377 Mann 03/31/95 94 CSE 1378 Morrison 03/15/95 94 CSE 1379 Reilly 03/15/95 94 CSE 1382 West 03/17/95 94 CSE 1383 West 07/18/95 94 CSE 1385 Nesnow 03/03/95 94 CSE 1386 West 07/18/95 94 CSE 1387 Nesnow 03/15/95 94 CSE 1388 Becton 03/15/95 94 CSE 1389 Becton 03/15/95 94 CSE 1391 Mann 08/30/95 94 CSE 1392 Gray 03/09/95 94 CSE 1393 Morrison 03/15/95 PUBLISHED DECISION REGISTER CITATION f < • 2245 NORTH CAROLINA REGISTER December I, 1995 10:17 CONTESTED CASE DECISIONS AGENCY Jeffrey James Spcnce v. Department of Human Resources Byron C. Alston v. Department of Human Resources Oliver Lcc Wolfe Sr. v. Department of Human Resources James Tracy Strickland v. Department of Human Resources Michael K. Reese v. Department of Human Resources Albert D. Johnson v. Department of Human Resources Johnny A. Stroud v. Department of Human Resources Richard G. Medford, Jr. v. Department of Human Resources Theresa Strader v. Department of Human Resources James F. Williams v. Department of Human Resources John Bell Shelton v. Department of Human Resources Kennedy C. Uzomba v. Department of Human Resources Marion A. Ward v. Department of Human Resources Robert H. Owens v. Department of Human Resources Samuel A. Lewis v. Department of Human Resources Robert Lee Wall v. Department of Human Resources James M. Breadcn Jr. v. Department of Human Resources Peter G. Coley v. Department of Human Resources Benjamin Nuriddin v. Department of Human Resources Robert L. Carter v. Department of Human Resources Danny Columbus Baker v. Department of Human Resources Duke William Dupre' v. Department of Human Resources Audrey Jennings v. Department of Human Resources Robert S. Moore v. Department of Human Resources Michael A. Camp v. Department of Human Resources Martin J. Miller v. Department of Human Resources Steven L. Cox v. Department of Human Resources Michael P. Cleary v. Department of Human Resources Willie Cherry, Jr. v. Department of Human Resources Michael D. Guyther v. Department of Human Resources Charlie Sturdivant v. Department of Human Resources William V. Glennon v. Department of Human Resources Alaster Williams v. Department of Human Resources Henry L. Gibbs v. Department of Human Resources Roger Gene Fehlhaber v. Department of Human Resources Donald Ray Soils v. Department of Human Resources Lawrence Dow Dean v. Department of Human Resources Beau L. Miller v. Department of Human Resources Claude E. Alston v. Department of Human Resources Elizabeth F. West v. Department of Human Resources John H. Underwood v. Department of Human Resources James T. Dudley Jr. v. Department of Human Resources Cornelius L. Jones v. Department of Human Resources Lori Davis Humphrey v. Department of Human Resources Robert L. Freeland, Jr. v. Department of Human Resources Antonio Darden (TV-D #1237637) v. Department of Human Resources Antonio Darden (TV-D #1280116) v. Department of Human Resources Antonio Darden (TV-D #1233347) v. Department of Human Resources Leonard Keith Morgan v. Department of Human Resources Michael Shannon v. Department of Human Resources Scott Thackrah v. Department of Human Resources Cyrus R. Luallen v. Department of Human Resources Harold Dean Horn v. Department of Human Resources James B. Miller v. Department of Human Resources Glenn Allison v. Department of Human Resources Louis R. Salamone v. Department of Human Resources Lee R. Jones v. Department of Human Resources Randy Norris Willis v. Department of Human Resources Michael E. Bellamy v. Department of Human Resources Eddie James Johnson v. Department of Human Resources Coley C. Matthews v. Department of Human Resources Willie J. Gadson v. Department of Human Resources Joseph K. Gatewood v. Department of Human Resources Donald Lee Barcliff v. Department of Human Resources James W. Nunnery v. Department of Human Resources Terrance Freeman v. Department of Human Resources William Leroy Watkins v. Department of Human Resources Bailey White v. Department of Human Resources CASE DATE OF IWMBER ALJ DECISION 94 CSE 1394 Reilly 03/15/95 94CSE 1396 Ncenow 03/03/95 94 CSE 1397 Mann 03/31/95 94 CSE 1398 Mann 03/31/95 94 CSE 1412 Gray 03/31/95 94 CSE 1413 Gray 06/26/95 94 CSE 1414 Gray 06/27/95 94 CSE 1415 Morrison 03/02/95 94 CSE 1416 Morrison 03/21/95 94 CSE 1417 Morrison 03/21/95 94 CSE 1419 Morrison 06/26/95 94 CSE 1420 Reilly 04/03/95 94 CSE 1421 Reilly 03/03/95 94 CSE 1423 Reilly 06/02/95 94 CSE 1424 Reilly 04/03/95 94 CSE 1425 West 03/31/95 94 CSE 1426 West 03/31/95 94 CSE 1427 West 03/31/95 94 CSE 1429 West 03/31/95 94 CSE 1430 Ncsnow 03/24/95 94 CSE 1431 Nesnow 03/24/95 94 CSE 1432 Nesnow 03/24/95 94 CSE 1433 Nesnow 03/24/95 94 CSE 1434 Nesnow 07/11/95 94 CSE 1435 Becton 03/06/95 94 CSE 1436 Becton 03/06/95 94 CSE 1437 Becton 07/28/95 94 CSE 1438 Becton 07/05/95 94 CSE 1439 Chess 03/03/95 94 CSE 1441 Chess 07/18/95 94 CSE 1442 Chess 06/29/95 94 CSE 1444 Mann 03/07/95 94 CSE 1445 Gray 03/02/95 94 CSE 1446 Morrison 03/21/95 94 CSE 1447 Reilly 04/03/95 94 CSE 1449 Nesnow 07/26/95 94 CSE 1450 Gray 06/09/95 94 CSE 1452 West 03/07/95 94 CSE 1454 Nesnow 04/17/95 94 CSE 1455 Nesnow 03/07/95 94 CSE 1456 Nesnow 04/17/95 94 CSE 1457 Nesnow 04/28/95 94 CSE 1458 Nesnow 08/10/95 94 CSE 1459 Becton 03/06/95 94 CSE 1460 Becton 04/07/95 94 CSE 1461 Becton 04/07/95 94 CSE 1462 Becton 04/07/95 94 CSE 1463 Becton 04/07/95 94 CSE 1464 Chess 08/15/95 94 CSE 1466 Chess 06/09/95 94 CSE 1468 Chess 07/20/95 94 CSE 1470 Mann 03/31/95 94 CSE 1471 Mann 03/07/95 94 CSE 1472 Mann 03/07/95 94 CSE 1473 Gray 03/02/95 94 CSE 1474 Gray 03/09/95 94 CSE 1475 Gray 05/19/95 94 CSE 1476 Morrison 03/21/95 94 CSE 1477 Morrison 03/02/95 94 CSE 1478 Morrison 03/02/95 94 CSE 1479 Morrison 03/21/95 94 CSE 1480 Reilly 04/10/95 94 CSE 1481 Reilly 06/26/95 94 CSE 1482 Reilly 04/10/95 94 CSE 1484 Nesnow 04/17/95 94 CSE 1485 Nesnow 07/1 1/95 94 CSE I486 Nesnow 04/17/95 94 CSE 1487 Nesnow 05/23/95 PUBLISHED DECISION REGISTER CITATION 10:17 NORTH CAROLINA REGISTER December I, 1995 2246 CONTESTED CASE DECISIONS AGENCY Shannon Woodall v. Department of Human Resources Peter Ian Oliveira v. Department of Human Resources Karlyn R. Foster v. Department of Human Resources Ronald E. Lewis v. Department of Human Resources Wesley Kelvin Cook v. Department of Human Resources Everett Lcc Hunt v. Department of Human Resources Kenneth W. Cahoon v. Department of Human Resources Ricky S. Blake v. Department of Human Resources Rick E. Atkins v. Department of Human Resources Timothy James Burnett v. Department of Human Resources Carlos L. Robinson v. Department of Human Resources Eddie O. Toro v. Department of Human Resources Timothy Mark Johnson v. Department of Human Resources Alan W. Karsner v. Department of Human Resources Walter J. Sturdivant v. Department of Human Resources Volna Ramone Gales v. Department of Human Resources Bruce Kelly Jacobs v. Department of Human Resources Tony Collins v. Department of Human Resources Ronald O. Biggs v. Department of Human Resources Keith Dewaync Senters v. Department of Human Resources Walter E. Champion Jr. v. Department of Human Resources Marvin B. Harris v. Department of Human Resources Jay C. Edwards, HI v. Department of Human Resources William Hyman v. Department of Human Resources David M. Manson v. Department of Human Resources Mahalon E. White v. Department of Human Resources Dennis Ray Alexander v. Department of Human Resources Joseph R. & Linda M. Grooms v. Department of Human Resources Robert M. Martin v. Department of Human Resources Ashlon Berry Gatlin v. Department of Human Resources Louis Cragg HI v. Department of Human Resources Dennis Micheal Sanders v. Department of Human Resources Anthony Bonini v. Department of Human Resources Jerry Wallace v. Department of Human Resources John D. Twine Sr. v. Department of Human Resources David A. GaskJns v. Department of Human Resources Kevin Ervin Kelley v. Department of Human Resources Nathaniel Ashford v. Department of Human Resources Gilbert S. McLeod v. Department of Human Resources Ellen Downing v. Department of Human Resources Charles R. Hauley v. Department of Human Resources Michael L. Schadler v. Department of Human Resources Owen B. Fisher Jr. v. Department of Human Resources Robin Delmar Goods v. Department of Human Resources Julio Alvarado Jr. v. Department of Human Resources Thomas A. Morgan v. Department of Human Resources Terrence R. McLaughlin v. Department of Human Resources Johnnie V. Johnson v. Department of Human Resources Ward F. Miller v. Department of Human Resources Joel P. Roth V. Department of Human Resources Atward T. Warren v. Department of Human Resources Monte Harwell v. Department of Human Resources Albert Noah Dunlap v. Department of Human Resources James E. Davis v. Department of Human Resources Roger T. Benoy v. Department of Human Resources Spencer P. Johnson v. Department of Human Resources James A. Bryant v. Department of Human Resources Conrade Dunklin v. Department of Human Resources Kenneth J. Balfour v. Department of Human Resources Tony Thomas v. Department of Human Resources Willie A. Harris v. Department of Human Resources Walter T. Townsend Jr. v. Department of Human Resources Martin A. Greene v. Department of Human Resources Dennis W. Nolan v. Department of Human Resources Roderick OJell Adams v. Department of Human Resources Jonathan L. Payne 11 v. Department of Human Resources Charles Scott Wilhoit v. Department of Human Resources Mickey Bridgett v. Department of Human Resources CASE DATE OF NUMBER ALJ DECISION 94CSE 1488 Beeton 07/18/95 94CSE 1489 Becton 03/07/95 94CSE 1490 Becton 10/12/95 94 CSE 1491 Becton 03/07/95 94 CSE 1492 Beeton 04/07/95 94 CSE 1493 ChesB 06/01/95 94 CSE 1494 Chess 07/12/95 94 CSE 1495 Chess 06/22/95 94 CSE 1496 Chess 06/28/95 94 CSE 1498 Chess 07/20/95 94 CSE 1499 Mann 03/31/95 94 CSE 1500 Mann 03/31/95 94 CSE 1502 Mann 05/02/95 94 CSE 1503 Mann 05/02/95 94 CSE 1504 Gray 06/26/95 94 CSE 1505 Gray 04/07/95 94 CSE 1508 Gray 03/31/95 94 CSE 1511 Gray 03/02/95 94 CSE 1512 Gray 04/07/95 94 CSE 1513 Gray 04/28/95 94 CSE 1515 Morrison 08/04/95 94 CSE 1533 Morrison 03/02/95 94 CSE 1534 Morrison 04/06/95 94 CSE 1535 Morrison 06/26/95 94 CSE 1536 Morrison 09/21/95 94 CSE 1537 Morrison 04/06/95 94 CSE 1538 Reilly 03/03/95 94 CSE 1539 Reilly 03/07/95 94 CSE 1541 Reilly 03/07/95 94 CSE 1542 Reilly 04/10/95 94 CSE 1543 West 03/06/95 94 CSE 1544 West 06/23/95 94 CSE 1545 West 07/18/95 94 CSE 1546 West 08/25/95 94 CSE 1547 West 07/18/95 94 CSE 1548 West 05/22/95 94 CSE 1549 Nesnow 06/02/95 94 CSE 1551 Nesnow 07/26/95 94 CSE 1552 Nesnow 09/28/95 94 CSE 1553 Nesnow 03/30/95 94 CSE 1554 Becton 03/07/95 94 CSE 1555 Becton 03/07/95 94 CSE 1562 Becton 04/07/95 94 CSE 1563 Becton 04/07/95 94 CSE 1564 Becton 05/22/95 94 CSE 1567 Chess 06/02/95 94 CSE 1569 Chess 03/07/95 94 CSE 1570 Chess 06/28/95 94 CSE 1571 Chess 04/19/95 94 CSE 1572 West 03/14/95 94 CSE 1573 West 03/31/95 94 CSE 1576 West 07/18/95 94 CSE 1577 Reilly 04/10/95 94 CSE 1578 Reilly 04/10/95 94 CSE 1579 Reilly 03/03/95 94 CSE 1580 Reilly 04/10/95 94 CSE 1582 Morrison 04/06/95 94 CSE 1583 Morrison 04/06/95 94 CSE 1584 Morrison 03/07/95 94 CSE 1585 Morrison 07/26/95 94 CSE 1586 Morrison 04/06/95 94 CSE 1587 Gray 04/28/95 94 CSE 1588 Gray 08/11/95 94 CSE 1590 Gray 03/31/95 94 CSE 1591 Gray 04/07/95 94 CSE 1592 Morrison 04/06/95 94 CSE 1594 Reilly 04/21/95 94 CSE 1595 West 05/08/95 PUBLISHED DECISION REGISTER CITATION f I # 2247 NORTH CAROLINA REGISTER December 1, 1995 10:17 CONTESTED CASE DECISIONS AGENCY John Kimmoiifi v. Department of Human Resources Randolph J. Nunn v. Department of Human Resources David Lester Gordon v. Department of Human Resources Larry James Walker, Jr. v. Department of Human Resources Wade A. Burgess v. Department of Human Resources Gary Jones v. Department of Human Resources Anthony Harrison v. Department of Human Resources Eddie L. Oliver III v. Department of Human Resources Michael D. Tyrec v. Department of Human Resources Edward Fisher v. Department of Human Resources Lcroy Jones v. Department of Human Resources Bernard Cooper v. Department of Human Resources William Gray v. Department of Human Resources Edward Lockhart v. Department of Human Resources Duane B. Marshbum v. Department of Human Resources Jimmy R. Jackson v. Department of Human Resources Mark A. Jones v. Department of Human Resources Ondino Damota Freitas v. Department of Human Resources Tony Monzell Perry v. Department of Human Resources Frank M. Swett v. Department of Human Resources James B. Stokes Jr. v. Department of Human Resources Edith Christine Spurlock v. Department of Human Resources Andrew P. Jergens v. Department of Human Resources Nelson Bennett v. Department of Human Resources Eric L. McDonald v. Department of Human Resources Kevin Close v. Department of Human Resources Stephen L. Blankenship v. Department of Human Resources Herbert T. Robertson v. Department of Human Resources Rodney DC Barnes v. Department of Human Resources Kenny R. Bradehaw v. Department of Human Resources Eddie Harris Jr. v. Department of Human Resources Ronnie P. Stephens v. Department of Human Resources Anthony B. Gardner v. Department of Human Resources Timothy C. Okeke v. Department of Human Resources Lewis M. Scarborough v. Department of Human Resources Manuel F. lala v. Department of Human Resources Robert Larry Martin v. Department of Human Resources Dwane M. Williams v. Department of Human Resources Joseph O. Evans v. Department of Human Resources Donald E. Kirby v. Department of Human Resources Darell D. Gautier v. Department of Human Resources Paul R. Robs v. Department of Human Resources Bobby Dain Massey v. Department of Human Resources Mandel Curry Edwards v. Department of Human Resources Carol Jeanne Deese v. Department of Human Resources James Wright Jr. v. Department of Human Resources Joyce Ann Wilkinson v. Department of Human Resources Levem Wilson, Jr. v. Department of Human Resources Michael A. Bradford v. Department of Human Resources dayman R. Norfleet v. Department of Human Resources Johnny C. Cole v. Department of Human Resources Rasoul Behboudi v. Department of Human Resources David L. Hill v. Department of Human Resources Keith Matthews v. Department of Human Resources Ernest N. Pruitt, Jr. v. Department of Human Resources Troy Cage v. Department of Human Resources Clyde R. Gaither v. Department of Human Resources Randy E. Baker v. Department of Human Resources James Glenn LockJear v. Department of Human Resources Walter Swimiak v. Department of Human Resources William Rann v. Department of Human Resources Inez Brown v. Department of Human Resources Matthew L. Ward v. Department of Human Resources Sanders Gilliard Hunter v. Department of Human Resources James A. Bishop Jr. v. Department of Human Resources Mark C. Bushrod v. Department of Human Resources Antoine D. Jones v. Department of Human Resources Bennie L. Little v. Department of Human Resources CASE DATE OF NUMBER AU DECISION 94CSE 1596 Nesnow 04/17/95 94 CSE 1608 Mann 03/21/95 94 CSE 1609 Mann 03/13/95 94 CSE 1610 Chess 06/01/95 94 CSE 1611 Chess 06/09/95 94 CSE 1612 Chess 07/12/95 94 CSE 1615 Becton 04/07/95 94 CSE 1616 Becton 07/10/95 94 CSE 1619 Becton 04/07/95 94 CSE 1621 Becton 04/07/95 94 CSE 1622 Nesnow 07/05/95 94 CSE 1623 Nesnow 04/17/95 94 CSE 1645 Becton 04/25/95 94 CSE 1646 Chess 06/02/95 94 CSE 1647 Mann 08/03/95 94 CSE 1648 Gray 03/09/95 94 CSE 1649 Morrison 03/07/95 94 CSE 1650 Reilly 03/07/95 94 CSE 1651 West 04/07/95 94 CSE 1652*' Reilly 05/16/95 94 CSE 1653 Becton 04/07/95 94 CSE 1654 Chess 07/19/95 94 CSE 1655 Mann 05/22/95 94 CSE 1656 Gray 03/02/95 94 CSE 1657 Morrison 04/06/95 94 CSE 1677 West 08/10/95 94 CSE 1678 Becton 07/28/95 94 CSE 1679 Chess 06/28/95 94 CSE 1680 Mann 11/16/95 94 CSE 1700 Reilly 04/10/95 94 CSE 1702 Becton 04/07/95 94 CSE 1703 Chess 06/28/95 94 CSE 1704 Mann 05/02/95 94 CSE 1724 Reilly 08/08/95 94 CSE 1725 West 05/25/95 94 CSE 1749*10 Becton 07/28/95 94 CSE 1750 Chess 03/21/95 94 CSE 1759 Nesnow 06/09/95 94 CSE 1766 Chess 03/21/95 94 CSE 1767 Reilly 03/03/95 94 CSE 1768 Mann 08/03/95 94 CSE 1778 West 03/06/95 94 CSE 1798 Gray 04/27/95 94 CSE 1799*' Gray 05/31/95 94 CSE 1814 Morrison 04/27/95 94 CSE 1826 Nesnow 07/11/95 95 CSE 0071 Becton 04/04/95 95 CSE 0073 Chess 06/28/95 95 CSE 0116 Mann 05/25/95 95 CSE 0117 Morrison 07/11/95 95 CSE 0118 Reilly 06/22/95 95 CSE 0147 West 05/18/95 95 CSE 0200 Becton 08/29/95 95 CSE 0205 Chess 07/19/95 95 CSE 0206 Phipps 07/21/95 95 CSE 0207 Phipps 07/26/95 95 CSE 0208 Phipps 07/31/95 95 CSE 0226 Nesnow 07/28/95 95 CSE 0229 Phipps 07/31/95 95 CSE 0230 West 07/18/95 95 CSE 0273 Phipps 06/27/95 95 CSE 0279 Phipps 07/21/95 95 CSE 0280 Phipps 06/27/95 95 CSE 0284 Phipps 05/22/95 95 CSE 0292 Gray 08/07/95 95 CSE 0297 Morrison 07/26/95 95 CSE 0300 Reilly 07/21/95 95 CSE 0313 Morrison 07/21/95 PUBLISHED DECISION REGISTER CITATION 10:17 NORTH CAROLINA REGISTER December 1, 1995 2248 CONTESTED CASE DECISIONS AGENCY Yvonne Butler v. Department of Human Resources Derrick Leon Henry v. Department of Human Resources Raul A. Dinzcy v. Department of Human Resources David Dean Davis v. Department of Human Resources Frank McGirt v. Department of Human Resources Kelly Thomas Felty v. Department of Human Resources Robert Lee Elliott v. Department of Human Resources Kelvin M. Tarlton v. Department of Human Resources Clarence O. Hilliard v. Department of Human Resources Larry James McGirt v. Department of Human Resources Alonzo Wilson v. Department of Human Resources Reginald Hill v. Department of Human Resources Rhonda D. Dcaton v. Department of Human Resources Timothy W. Barber v. Department of Human Resources Rudolph C. Williams v. Department of Human Resources John K- Bostic v. Department of Human Resources Eva T. Wilson v. Department of Human Resources Robert Lee Smith, Jr. v. Department of Human Resources Dave L. James v. Department of Human Resources Robert Lee Bullock v. Department of Human Resources Augusta Hepburn v. Department of Human Resources Kenneth Walter Dudney v. Department of Human Resources Michael Watts Sr. v. Department of Human Resources Chris Brown v. Department of Human Resources Kenneth Collins v. Department of Human Resources Walter Richardson, Jr. v. Department of Human Resources James M. Melvin v. Department of Human Resources Alvin L. Martin v. Department of Human Resources Kirk Shannon Baker v. Department of Human Resources Reginald L. Woods v. Department of Human Resources Willie Gadson v. Department of Human Resources Eddie Harris Jr. v. Department of Human Resources Cerulean Felherson v. Department of Human Resources Willie M. Herring v. Department of Human Resources Distribution Child Support Lisa J. Hill v. DHR. Div. of Social Svcs., Child Support Enf. Section Hoke County Social Services CASE DATE OF NUMBER ALJ DECISION 95 CSE 0319 Becton 09/18/95 95 CSE 0321 Chess 07/17/95 95 CSE 0344 Mann 08/03/95 95 CSE 0350 PhippB 07/26/95 95 CSE 0351 Gray 08/07/95 95 CSE 0360 Morrison 08/07/95 95 CSE 0369 ReiUy 10/09/95 95 CSE 0370 West 07/26/95 95 CSE 0371 Reilly 05/25/95 95 CSE 0389 Nesnow 08/10/95 95 CSE 0414 Becton 07/28/95 95 CSE 0438 Becton 07/21/95 95 CSE 0489 Becton 07/05/95 95 CSE 049 1 Phipps 08/07/95 95 CSE 0492 Gray 07/18/95 95 CSE 0493 Nesnow 08/02/95 95 CSE 0520 Reilly 07/21/95 95 CSE 0528 West 08/25/95 95 CSE 0539 Mann 07/21/95 95 CSE 0559 Phipps 07/31/95 95 CSE 0573 Gray 08/28/95 95 CSE 0575 Morrison 09/12/95 95 CSE 0628 Nesnow 09/26/95 95 CSE 0695 Phipps 08/25/95 95 CSE 0709 Chess 10/27/95 95 CSE 0710 Chess 09/26/95 95 CSE 0719 Phipps 10/10/95 95 CSE 0733 Gray 10/05/95 95 CSE 0734 Morrison 10/06/95 95 CSE 0759 Reilly 11/08/95 95 CSE 0783 Nesnow 10/26/95 95 CSE 0814 Becton 09/28/95 95 CSE 0900 Phipps 11/07/95 95 CSE 0913 Gray 09/25/95 PUBLISHED DECISION REGISTER CITATION € I 95 DCS 0239 Phipps 05/02/95 Mr. and Mrs. William Jefferson v. Hoke Cty Soc Svcs, Linda Cromartie 95 DHR 0857 Gray Rockingham County Department of Social Senices Crystean Helds v. Rockingham County DSS 95 DHR 0316 Reilly Wake Count\ Social Services 08/17/95 06/01/95 Grace A. Wright v. Wake County Social Services., Suzanne Woodell 94 DHR 1618 and Craig Glenn INSURANCE Grace F. Watkins v. Teachers' & St. Emp. Comp. Major Med. Plan 94 INS 1639 Billy Gene Campbell v. Department of Insurance 95 INS 0143 Karen Wingert Bunch v. Teachers' & St. Emp. Comp. Major Med. Plan 95 INS 0243 JUSTICE Che 05/03/95 Chess 05/24/95 Reilly 04/20/95 Morrison 07/21/95 Alarm Systems Licensing Board Patrick P. Sassman v. Alarm Systems Licensing Board Chad R. Fuller v. Alarm Systems Licensing Board Malcolm K. Teague v. Alarm Systems Licensing Board 94 DOJ 1825 Reilly 03/09/95 95 DOJ 0716 West 08/18/95 95 DOJ 0765 Nesnow 10/19/95 t 2249 NORTH CAROLINA REGISTER December 1, 1995 10:17 CONTESTED CASE DECISIONS AGENCY CASE NUMBER AU DATE OF DECISION PUBLISHED DECISION REGISTER CITATION Education and Training Standards Division Richard Terry LockJcar v. Criminal Justice Ed. & Training Stds. Conim. and Sheriffs' Education and Training Standards CommiBflion Ricky Dale McDevitt v. SherifTs Ed. & Training Stds. Comm. Reginald Keith Goffmglon v. CimJnal Justice Ed. & Training Stds. Comm. Nervin Joseph DcDeaux v. Criminal Justice Ed. & Training Stds. Comm. Tony Lament Blackmon v. Criminal Justice Ed. &. Training Stds. Comm. Constance F. Lawrence v. Sheriffs Ed. & Training Stds. Comm. Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm. Marilyn Jean Britt v. Sheriff's Ed. & Training Stds. Comm. Antonio Tremont Davis v. Sheriff's Ed. & Training Stds. Comm. Amy Rebecca Batcheler v. Sheriff^s Ed. & Training Stds. Comm. Richard Terry LockJcar v. Criminal Justice Ed. & Training Stds. Comm. and Sheriffs' Education and Training Standards Commission Richard Dan Wuchte v. Criminal Justice Ed. & Training Stds. Comm. Henry Roger Judd v. Sheriff^s Ed. & Training Stds. Comm. Daryl Tyrone Beard v. Criminal Justice Ed. & Training Stds. Comm. Jewel T. Braswell v. Criminal Justice Ed. & Training Stds. Comm. George H. Powell Jr. v. Criminal Justice Ed. & Training Stds. Comm. Mark Jason Smith v. Sheriff^s Ed. & Training Stds. Comm. Ernie Lowery v. Criminal Justice Ed. & Training Standards Commission Jeffrey Andre Jenkins v. Criminal Justice Ed. & Training Slds. Comm. Private Protective Services Board Lewis Austin Saintsing v. Private Protective Services Board Marcus T. Williams v. Private Protective Services Board Melvin Ray Cooper v. Private Protective Services Board Donnell E. Morrow, Jr. v. Private Protective Services Board Private Protective Services Board v. James C. Purvis Private Protective Services Board v. Samuel O. Smith Jann Mitchell Stanley v. Private Protective Services Board Donald Wayne Clark v. Private Protective Services Board Richard Frank v. Private Protective Services Board Marvin E. Shackleford v. Private Protective Services Board Julius T. Fairley v. Private Protective Services Board James L. McLeary, Jr. v. Private Protective Services Board Bobby E. Smithey v. Private Protective Services Board Frederick B. Moore, Jr. v. Private Protective Services Board Daniel C. Inglese v. Private Protective Services Board Walter Lee Watson v. Private Protective Services Board Charles Ray Gable v. Private Protective Services Board Robert Baxter McGuire, Sr. v. Private Protective Services Board LABOR Occupational Safety & Health Division Lenoir County Public Schools v. Department of Labor, OSHA 95 DDL 0218 Nesnow Private Personnel Service Division Employment Consultants, Inc. v. Private Personnel Service Division 95 DDL 0209 Morrison Wage and Hour Division R.J. Scott. Pres. Pirate Enterprises. Inc. v. Labor, Wage & Hour Div. 94 DDL 1524 West PRACTICING PSYCHOLOGISTS John E. Miller v. Psychology Board 95 BPP 0629 Nesnow 94 DOJ 1006*" West 10/30/95 10:17 NCR 2255 94 DOJ 1710 Nesnow 05/04/95 10:05 NCR 324 95 DOJ 0028 Becton 06/08/95 95 DOJ 0029 Reilly 05/16/95 95 DOJ 0043 Reilly 06/02/95 95 DOJ 0076 MorriBon 04/06/95 95 DOJ 0101 Morrison 06/13/95 10:07 NCR 627 95 DOJ 0172 Gray 08/03/95 95 DOJ 0298 Phipps 08/08/95 95 DOJ 0364 West 08/16/95 95 DOJ 0365*" West 10/30/95 10:17 NCR 2255 95 DOJ 0401 Nesnow 06/07/95 95 DOJ 0431 Nesnow 08/02/95 95 DOJ 0566 Gray 10/11/95 95 DOJ 0730 Phipps 09/11/95 95 DOJ 0784 Phipps 09/08/95 95 DOJ 0795 Gray 08/14/95 95 DOJ 0898 Nesnow 11/17/95 95 DOJ 1408 Phipps 07/31/95 94 DOJ 1000 Chess 03/03/95 94 DOJ 1064 Chess 02/24/95 94 DOJ 1635 Reilly 03/09/95 94 DOJ 1823 Reilly 03/09/95 95 DOJ 0018 Chess 05/15/95 95 DOJ 0133 Chess 05/09/95 95 DOJ 0420 Morrison 05/24/95 95 DOJ 0444 Phipps 07/14/95 10:09 NCR 805 95 DOJ 0610 Phipps 08/10/95 95 DOJ 0611 Phipps 07/18/95 95 DOJ 0612 Phipps 07/20/95 95 DOJ 0613 Phipps 07/18/95 95 DOJ 0717 Weal 08/23/95 10:12 NCR 1039 95 DOJ 0766 Morrison 09/01/95 95 DOJ 0767 Morrison 08/30/95 95 DOJ 0768 West 10/09/95 95 DOJ 0975 Gray 10/17/95 95 DOJ 0977 Gray 10/17/95 05/01/95 07/07/95 03/23/95 09/12/95 10:17 NORTH CAROLINA REGISTER December 1, 1995 2250 CONTESTED CASE DECISIONS AGENCY PUBLIC INSTRUCTION Glenn n. on behalf of Glenn n, and Glenn n, Individually v Mecklenburg County Schools Donna Marie Snyder v. Department of Public Instruction S.M. on Behalf of J. A.M., and S.M., Individually, and J.M. County Board of Education William Hewctt v. State Board of Education James Midgette v. State Board of Education Deborah R. Crouse v. State Board of Education Haydn Stewart Hasty v. State Board of Education Bobby G. Little v. Department of Public Instruction Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools Vance County Schools v. Haywood Yarborough Lavcme K. Suggs v. Department of Public Instruction Lavem K Suggs v. Guilford County Schools Kenneth G.H. Leftwich v. State Board of Education Madeline J. Taylor v. Department of Public Instruction William Andrew McCullough v. Public Instruction. Licensure Section CASE NUNffiER ALJ DATE OF DECISION Charlotte- 93 EDC 0549 Chess 03/16/95 93EDC0731 Chess 10/11/95 \i. Davie 93 EDC 0742 Phipps 05/30/95 94 EDC 0533 Gray 03/31/95 94 EDC 1401 Reilly 05/02/95 95 EDC 0003 Chess 04/10/95 95 EDC 0027 Reilly 10/09/95 95 EDC 0168 Phipps 03/20/95 ty 95 EDC 0225 Mann 05/15/95 95 EDC 0235 Mann 08/04/95 95 EDC 0384 Nesnow 07/12/95 95 EDC 0385 Nesnow 06/02/95 95 EDC 0405 Nesnow 05/25/95 95 EDC 0525 Phipps 10/25/95 95 EDC 0915 Gray 10/30/95 PUBLISHED DECISION REGISTER CITATION f 10:02 NCR 179 10:15 NCR 1632 STATE BAR Phillip S Banks, III v. North Carolina State Bar STATE PERSONNEL 95 BAR 0861 Morrison 08/18/95 Caswell County Health Department Delia Brown v. Caswell County Health Department Julie R. Johnson v. Caswell County Health Department N.C. Central University Peter A. Fore v. N.C. Central University Department of Commerce 94 OSP 0834 94 OSP 0865 93 OSP 0189 Nesnow Reilly Nesnow T. Sherwood Jemigan v. Dept. of Commerce, Savings Institution Div. 94 OSP 0775 West 94 OSP 1530 Chess 06/12/95 03/15/95 06/13/95 05/25/95 11/01/95 Department of Community Colleges Sheila M. Thompson v. Department of Community Colleges Department of Correction Nancy Gilchrist v. Department of Correction Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole Thomas Wayne Smathers v. Department of Correction George J. McClease, Jr. v. Department of Correction Gaius Wells v. Department of Correction Nancy C. Walker v. Department of Correction Ruth Kearney v. Department of Correction Ann R. Fletcher v. Department of Correction Odell Davis v. Department of Correction James W. Hughes v. Department of Correction, Blue Ridge Unit Avery Dennis Harrell v. Department of Correction William E. Norwood, Jr. v. Department of Correction Shelby Gorham-Teel v. Department of Correction Larry Riddle v. Department of Correction Eric Little v. Department of Correction, Morrison Youth Institution Cynthia R. Steven v. N.C. Women's Prison Mark R. Murphy v. Department of Correction Department of Crime Control and Public Safety Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safety94 OSP 1399 Chess 06/13/95 Robert W Beaalcy v. Crime Control & Public Safety, St. Highway Patrol 94 OSP 1821 Morrison 08/10/95 ( 10:17 NCR 2272 94 OSP 0121 West 03/09/95 94 OSP 0332 West 05/15/95 94 OSP 0590 West 03/23/95 94 OSP 0644 Gray 04/19/95 94 OSP 0684 West 10/12/95 10:15 NCR 1610 94 OSP 1206 Gray 08/18/95 94 OSP 1807 Becton 03/13/95 95 OSP 0123 Chess 08/21/95 95 OSP 0244 Gray 09/21/95 95 OSP 0334 Becton 07/25/95 95 OSP 0440 Phipps 09/05/95 10:13 NCR 1209 95 OSP 0500 Gray 08/16/95 95 OSP 0536 Reilly 10/23/95 95 OSP 0570 West 10/18/95 95 OSP 0658 Phipps 10/18/95 95 OSP 0829 Chess 10/24/95 95 OSP 1047 Nesnow 10/26/95 m. 10:11 NCR 965 # 2251 NORTH CAROLINA REGISTER December 1, 1995 10:17 CONTESTED CASE DECISIONS AGENCY CASE NUMBER AU DATE OF DECISION PUBLISHED DECISION REGISTER CITATION 94 DSP 1558 Reilly 09/07/95 95 DSP 0038*' Becton 06/08/95 95 DSP 0057*' Becton 06/08/95 94 DSP 1597 Nesnow 04/04/95 95 OSP 0042*' Reilly 07/05/95 95 OSP 0058*' Reilly 07/05/95 Office of the District Attorney Shannon Caudill v. Office of the District Attorney for Judicial 95 OSP 0188 Nesnow District 17-B, and Administrative Office of the Courts Dorothea Dix Hospital Paul E. HunUr v. Dorothea Dix Hospital 95 OSP 0504 Gray Durham County Health Department Laurie A. Gerhard v. Ehirham County Health Department 95 OSP 0220 Phipps East Carolina University Helen E. Wolfe v. East Carolina University, Dcpt. of Biology Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. Edgecombe County Health Department Ronald E. Wooten v. Edgecome County Health Department 94 OSP 1209 Gray Department of Environment, Health, and Natural Resources Babette K. McKemie v. EHNR, Div. of Environmental Management 94 OSP 0358 Chess FayetteviUe State University George Benstead v. FayetteviUe State University Lt. Bobby McEachem v. FSU Police Department Officer Gregor A. Miles v. FSU Police Department Forsyth Stokes Mental Health Center Michael Howell v. Forsyth Stokes Mental Health Center 94 OSP 0499 Chess Guilford County Mental Health Darrell Edwin Fricke v. Guilford County Mental Health (Thomas S. Div.) 95 OSP 0942 West Department of Human Resources April Benfield v. Department of Human Resources and Western Carolina Center Eugene Hightower, Jr. v. Department of Human Resources, EEO Rebecca Johnson v. Human Resources, Special Care Center Edward E. Williams v. NC Special Care Center, Def /Emp, DHR Black Mountain Center James Harrison v. Black Mountain Center, Dept. of Human Resources James Harrison v. Black Mountain Center, Dept. of Human Resources Caswell Center David A. Kilpatrick v. DHR, Caswell Center Cherry Hospital William H. Cooke v. DHR, Cherry Hospital Deloris L. Johnson v. Cherry Hospital, DHR Durham County Department of Social Services Delores H. Jeffere v. Durham County Department of Social Services 94 OSP 0994*" 95 OSP 0190*" 95 OSP 0267 93 OSP 1547 95 OSP 0409 94 OSP 0939 Gray Gray Nesnow Gray Gray Morrison 03/20/95 07/12/95 08/17/95 07/10/95 05/31/95 03/24/95 09/22/95 94 OSP 1758 Nesnow 06/07/95 94 OSP 1811 West 05/04/95 95 OSP 0138 West 03/31/95 95 OSP 0483 Reilly 10/03/95 07/31/95 07/31/95 10/25/95 03/16/95 08/25/95 06/12/95 10:12 NCR 1043 10:17 NORTH CAROLINA REGISTER December 1, 1995 2252 CONTESTED CASE DECISIONS CASE AGENCY NUMBER ALJ Gaston County Department of Social Services Bobbie J. Gilliam v. Gaston County Department of Social Seivices Halifax County Department of Social Services Robert E. Sykes v. Halifax County Department of Social Sen/ices Iredell County Department of Social Services Vernon E. GroBse v. Iredell County Department of Social Services Bonnie N. Bellamy v. Iredell County Department of Social Services Richmond County Department of Social Sennces Emma Jane Bradley v. Richmond County Dept. of Social Services Wake County Department of Health Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir. 94 OSP 1032** Nesnow Sabrina R. Crowder V. Wake County/Health Dept., Richard Stevens 94 OSP 1072*' Nesnow Thomasine D. Avery v. Wake County/Health Department 94 OSP 1074** Nesnow Wake County Department of Social Senices Olivia L. Jordan v. Wake County/Department of Social Seivices Department of Labor Michael Robert Sinith v. Department of Labor 94 OSP 0770 94 OSP 0826 94 OSP 0282 94 OSP 0739 95 OSP 0055 West Gray Bccton Chess Reilly 94 OSP 1179*« Nesnow 94 OSP 0610 Nesnow 89 OSP 0612 Nesnow 94 OSP 1173 Reilly 95 OSP 0044 Morrison 95 OSP 0130 West 95 OSP 0213 Phipps 95 OSP 0800 Chess Lee'Hamett Area Menial Health, Developmental Disabilities, and Substance Abuse Authority Julie E)>'er v. Le^-Harnett Area Nffl/DD/SA Authority 94 OSP 0750 Gray North Carolina Special Care Center Lynn Banasiak Bass v. North Carolina Special Care Center 95 OSP 0419 Phipps North Carolina State University Artelia S. Clark v. N.C. Slate University Wesley Brown v. N.C. State University David L. Bauer v. North Carolina State University Billy Ray Kelly v. NCSU Physical Plant Heather Ann Waakiowicz v. NCSU, Dept. of Public Safety Antoinette Chavis-Scott v. N.C.S.U. Accounts Payable Orange-Person-Chatham Mental Health Patricia A. Harris v. Orange- Person-Chatham Mental Health 95 OSP 0162 West Department of Revenue Wayne Davenport v. Department of Revenue, Motor Fuels Tax Division 95 OSP 0902 Becton Richmond Community College Willie J. Breeden v. Richmond Community College 95 OSP 0846 Gray Department of Transportation Michael E. Komegay v. Department of Transportation Robert F. Goins v. Department of Transportation Esther Doe Murphy v. Department of Transportation Debra R. Embden v. DOT, Division of Motor Vehicles Mary Matthews Fitmerty v. Department of Transportation Lonnie Joseph Cole v. NC DOT (TTI's Boone NC) Div. of Hwys 93 OSP 1700 Gray 94 OSP 0281 Chess 95 OSP 0114 Gray 95 OSP 0411 Morrison 95 OSP 0412 Nesnow 95 OSP 0606 West DATE OF DECISION 05/24/95 U/15/95 03/09/95 03/01/95 07/18/95 06/12/95 06/12/95 06/12/95 06/12/95 06/09/95 03/20/95 08/01/95 07/07/95 06/30/95* 04/25/95 03/22/95 07/06/95 10/31/95 04/11/95 11/03/95 09/13/95 03/24/95 05/30/95 07/10/95 n/01/95 11/02/95 10/24/95 PUBLISHED DECISION REGISTER CITATION f 10:01 NCR 48 10:09 NCR 809 < 10:08 NCR 700 10:17 NCR 2286 I 2253 NORTH CAROLINA REGISTER December 1, 1995 10:17 CONTESTED CASE DECISIONS AGENCY CASE NUMBER ALJ DATE OF DECISION PUBLISHED DECISION REGISTER CITATION Judy H. Arnold v. Department of Transportation, Div. of Motor Vehicles 95 OSP 1075 Untion County Schools Carolyn H. EUdns v. Union County SchooU 95 OSP 0948 University of North CaroHna Beth Ann Miller v. UNC Student Health 94 OSP 0800 Roberta Jones v. University of North Carolina-Chapel Hill 94 OSP 1718 UNC Hospitals David Patrick Malone v. Univ. of NC Hospital at Chapel Hill Lillian C. Daniels v. UNC Hospital Wake County Mark Morgan v. Wake County STATE TREASURER John W, Parris v. Bd. of Trustees//NC Local Gov. Emp. Retirement Sys. Channie S. Chapman v. BdATrustecsZ/NC Local Gov. Emp. Ret Sys. Bryan L. Basden v. Retirement Systems Division Wayne La Broad v. Bd.ATrustecs/ATeachers/St. Emp. Retirement Sys. Tammy Evonne Ashcroft Brownv. Bd/Tr.//NC Local Gov. Emp. Ret Sys. UNIVERSITY OF NORTH CAROLINA Jerry B. Potter, Sr. v. UNC Hospitals at Chapel Hill 95 UNC 0502 94 OSP 0771 95 OSP 0056 94 OSP 0937 Becton Reilly Nesnow Chess Becton Morrison Nesnow 91 DST 1093 Nesnow 94 DST 0443 Morrison 95 OSP 0171 Chess 95 DST 0219 Morrison 95 DST 0404 Phipps Gray 07/31/95 1 1/03/95 05/25/95 10/31/95 03/14/95 05/1 1/95 04/28/95 05/04/95 05/15/95 06/21/95 07/14/95 07/27/95 09/12/95 10:17 NCR 2276 10:04 NCR 287 10:10 NCR 872 10:17 NORTH CAROLINA REGISTER December 1, 1995 2254 CONTESTED CASE DECISIONS STATE OF NORTH CAROLINA COUNTY OF ROBESON IN THE OFFICE OF ADMINISTRATIVE HEARINGS f RICHARD TERRY LX)CKLEAR Petitioner V. N.C. CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION Respondent RICHARD TERRY LOCKLEAR Petitioner N.C. SHERIFFS' EDUCATION AND TRAINING TRAINING STANDARDS COMMISSION Respondent 94DOJ 1006 PROPOSED DECISION 95 DOJ 0365 These matters were consolidated for hearing by Order dated April 21, 1995 and were heard by Thoinas R. West, Administrative Law Judge, on May 10-11, June 9, July 20 and August 14, 1995 in Elizabethtown, Raleigh and Lumberton, North Carolina. APPEARANCES Petitioner was represented by Edward John Bullard of Lumbee River Legal Services and Woodberry L. Bowen of the law firm of Bowen & Byerly in Lumberton, North Carolina. Respondent Criminal Justice Education and Training Standards Commission was represented by Special Deputy Attorney General Robin P. Pendergraft. Respondent Sheriffs' Education and Training Standards Commission was represented by Assistant Attorney General John J. Aldridge, III. EXHIBITS The following exhibits were received into evidence: I Rl R9 R2 R3 R4 RIO Rll R12 Sheriffs' Commission only Sheriffs' Commission only R5 R13 Sheriffs' Commission only R6 R14 Sheriffs' Commission only R7 R15 R8 R16 P4 PHH PGGG P GO PDD PPP PXXX Sheriffs Commission only PQQ PUU (A) I 2255 NORTH CAROLINA REGISTER December 1, 1995 10:17 CONTESTED CASE DECISIONS PEE OFFER OF PROOF The following exhibits were tendered by Petitioner, but not received into evidence. The documents are included in an Offer of Proof by Petitioner: P AAA P BBB PCCC P DDD PEEE PFFF PHHH WITNESSES The following people were called to testify by the Commissions: Richard Terry Locklear Jermifer Walker Kathy Avery Sgt. Price Carpenter Laurie A. Curtis Brown Carol Clark Laura Yvette Casto Pittman Penny Branton Scott Perry Whiteville Police Dept. Deputy Director of Criminal Justice Standards Division Director of Criminal Justice Standards Division Assistant Director of Sheriffs Training and Standards Division Chief, Whiteville Police Dept. Jeannie Outland Julia Lohman Chief Randall Aragon Special Agent David Marshall - State Bureau of Investigation (at all times relevant to this case) The following people were called to testify by Richard Terry Locklear: Sgt. David Archie Whiteville Police Dept. Richard Terry Locklear John Raynor Charles Blackmon Jeffrey Martin Lt. Robert Memory Retired Chief of Whiteville Police Dept. Former Sgt., Whiteville Police Dept. Chief of Personnel, Robeson Co. Sheriffs Dept. Whiteville Police Dept. fUDICIAL NOTICE Judicial notice was taken of the following New Jersey statutes: 2C:12-1 Assault 2C:20-7 Receiving stolen property 2C:20-10 Unlawful taking of means of conveyance 2C:33-4 Harassment 39:3-40 Driving when license refused, suspended, revoked or prohibited; motor vehicle license revoked; punishment Judicial notice was taken of the following North Carolina General Statute: 10:17 NORTH CAROLINA REGISTER December 1, 1995 2256 CONTESTED CASE DECISIONS 14-33 Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments. Judicial notice was taken of the following rules in the North Carolina Administrative Code: 12 NCAC lOB .0100 - .0304 12 NCAC 9A .0100 - .0206 12 NCAC 9B .0100 - .0113 Based upon the testimony and evidence presented, the undersigned makes the following: FINDINGS OF FACT Stipulated Facts 1 . All parties are properly before this Administrative Law Judge, in that jurisdiction and venue are proper, and all parties received proper notice of hearing. 2. The North Carolina Criminal Justice Education and Training Standards Commission has the authority granted under Chapter 17C of the North Carolina General Statutes and Title 12 of the North Carolina Administrative Code, Chapter 9, to certify criminal justice officers and to deny, revoke or suspend such certification. 3. The North Carolina Sheriffs' Education and Training Standards Commission has the authority granted under Chapter 17E of the North Carolina General Statutes and Title 12 of the North Carolina Administrative Code, Chapter 10, Subchapter lOB, to certify justice officers as either deputy sheriffs or jailers, and to deny, revoke or suspend such certification. 4. The Criminal Justice Commission rule 12 NCAC 9B. 0204(b)(3)(A) provides that: (b) The Commission may suspend, revoke, or deny the certification of a criminal justice officer when the Commission finds that the applicant for certification or the certified officer: (3) has committed or been convicted of: (A) a criminal offense or unlawful act defined in 12 NCAC 9A .0103 as a Class B misdemeanor. . . . 5. The Sheriffs" Commission rule 12 NCAC lOB .0204(d)(1) provides that: (d) The Commission may revoke, suspend or deny the certification of a justice officer when the Commission finds that the applicant for certification or the certified officer has committed or been convicted of: (1) A crime or unlawful act defined in 12 NCAC lOB .0103(10)(b) as a Class B misde-meanor within the five year period prior to the date of appointment. 6. Both 12 NCAC 9A .0103(21)(b) (Criminal Justice Commission) and 12 NCAC lOB .0103(10)fb) (Sheriffs' Commission) provide that a Class B misdemeanor means an act committed or omitted in violation of any common law, crimi-nal statute, or criminal traffic code of this state, or any other jurisdiction, either civil or military, for which the maximum punishment allowable for the designated offense under the laws and statutes of the jurisdiction in which the offense occurred includes imprisonment for a term of more than six months but not more than two years. Class B misdemeanor expressly includes either first or subsequent offenses of N.C.G.S. § 20-138(a) or (b). A Class B misdemeanor also includes a violation of N.C.G.S. § 20-138.1 if the defendant was sentenced under punishment level 1 or punishment level 2 for the offense and also includes a violation of N.C.G.S. § 20-38fb) (driving while license permanently revoked or suspended). 7. TTie Criminal Justice Commission rule 12 NCAC 9B .0204(b)(2) provides that the Commission shall revoke, deny, or suspend the certification of a criminal justice officer when the Commission finds that the applicant for certification or certified officer: (2) fails to meet or maintain one or more of the minimum employment standards required by 12 2257 NORTH CAROLINA REGISTER December 1, 1995 10:17 CONTESTED CASE DECISIONS NCAC 9B .0100 for the category of the officer's certification or fails to meet or maintain one or more of the minimum training standards required by 12 NCAC 9B .0200 or 12 NCAC 9B .0400 for the category of the officer's certification. 8. The Sheriffs' Commission rule 12 NCAC lOB .0204(b)(2) provides that the Commission shall revoke, deny, or suspend the certification of a justice officer when the Commission finds that the applicant for certification or the certified officer: (2) fails to meet or maintain any of the minimum employment or certification standards required by 12 NCAC lOB .0300. 9. The Criminal Justice Commission rule 12 NCAC 9B .0101(3) provides that every criminal justice officer employed by an agency in North Carolina shall be of good moral character pursuant to G.S. 17C-10 and as determined by a thorough backgroimd investigation. 10. The Sheriffs' Commission rule 12 NCAC lOB .0301(a)(8) provides that every justice officer employed or certified as deputy sheriff or jailer in North Carolina shall be of good moral character. 11. The Criminal Justice Commission rule 12 NCAC 9B .020(4)(b)(6) provides that the Commission may suspend, revoke, or deny the certification of a criminal justice officer when the Commission finds that the applicant for certification or the certified officer has knowingly made a material misrepresentation of any information required for certification. 12. The Sheriffs' Commission rules 12 NCAC lOB .0204(c)(1) and (2) provide that the Commission may suspend, revoke, or deny the certification of a justice officer when the Commission finds that the applicant or certified officer: (1) has knowingly made a material misrepresentation of any information required for certification or accreditation; (2) has knowingly and willfully, by any means of false pretense, deception, defraudation, misrepresentation or cheating whatsoever, obtained or attempted to obtain credit, training or certification from the Commission or the North Carolina Criminal Justice Education and Training Standards Commission. 13. Petitioner successfully completed the Basic Law Enforcement Training course at Robeson Community College on April 18, 1991. 14. Petitioner applied with the Criminal Justice Commission for certification as a full time law enforcement officer with the Whiteville Police Department in May 1991. 15. Petitioner was issued a probationary certification (PRA 152448471) by the Criminal Justice Commission on May 22, 1991. 16. Petitioner was issued general certification (GNA 152448471) by the Criminal Justice Commission on May 20, 1992. 17. Petitioner was separated from the Whiteville Police Department on November 17, 1993. 18. Petitioner was charged with the following offenses with the attending dispositions: CASE;i'/LOCATION CHARGE/STATUTE DATE/OFFENSE DISPOSITION B1761 Receiving Stolen 8/16/80 Convicted of Clinton, NJ Property Unlawful Taking NJSA 2C:20-7 of Means of Conveyance 2/2/82 10:17 NORTH CAROLINA REGISTER December 1, 1995 2258 CONTESTED CASE DECISIONS Belvidere, NJ Harassing Communications NJSA 2C:33-4C 8/24/83 84/12-106R NJ Worthless check 12/31/84 C047196 Kearny, NJ Simple assault NJSA2C:12-l(a)(l) 7/1/88 Kearay, NJ DWL Suspended NJSA 39:3-40 8/7/88 Dismissed 9/7/83 Convicted Convicted 9/26/88 10/27/88 19. On November 8, 1993, Petitioner was charged with the criminal offense of assault on a female, Laura Y. Casto, on June 20, 1993, in violation of N.C.G.S. § 14-33(b)(2) (93 CR 07557). This criminal matter was heard in District Court on April 18, 1994 before the Honorable Napoleon Barefoot who entered a finding of not gui
Object Description
Description
Title | North Carolina register |
Date | 1995-12-01 |
Description | Vol. 10, issue 17 (December 1, 1995) |
Publisher | Raleigh, N.C. : Office of Administrative Hearings |
Digital Characteristics-A | 104 p.; 5.66 MB |
Digital Format | application/pdf |
Pres File Name-M | pubs_serial_ncregister19951201.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_serial_ncregister\images_master |
Full Text |
I /KFf^/ ^^^V, A 2/a/6'7
NORTH CAROLINA
REGISTER
VOLUME 10 • ISSUE 17 • Pages 2222 - 2314
December 1, 1995
IN THIS ISSUE
Executive Orders
Acupuncture Licensing Board
Final Decision Letters
Human Resources
Public Education
Tax Review Board
Rules Review Commission Objections
Contested Case Decisions
PUBLISHED BY
The Office ofAdministrative Hearings
Rules Division
PO Drawer 27447
Raleigh, NC 27611-7447
Telephone (919) 733-2678
Fax (919) 733-3462 : ,
p-^ i-J3 .^-5^. rfe p^^_^^
DEC
LAW UJBHAili'
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13
i
NORTH CAROLINA
IN THIS ISSUE
Volume lOp Issue 17
Pages 2222 - 23 1
4
I. EXECUTIVE ORDERS
Executive Orders 87-89 2222-2223
n. IN ADDITION
Tax Review Board 2224 - 2226
Voting Rights Act 2227
m. RULE-MAKING PROCEEDING
Human Resources
Social Services 2228
Licensing Board
Acupuncture Licensing Board 2228
December 1 , 1 995
This issue contains documents officially
filed through November 7, 1995.
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 HI, 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
rV. TEMPORARY RULES
Public Education
Elementary and Secondary Education 2229-2230
V. RRC OBJECTIONS 2231-2238
VI. CONTESTED CASE DECISIONS
Index to AU Decisions 2239 - 2254
Text of Selected Decisions
94 DOJ 1006 2255-2271
94 OSF 1530 2272-2275
94 OSP 1718 2276-2278
95 EHR 0016 2279-2285
95 OSP 0411 2286-2288
Vn. CUMULATIVE INDEX 2290-2314
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