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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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
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•
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
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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:
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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
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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