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RBfc/I^FM /7434-/.A2/^7 RECEIVED ML 19 1993 UW LIBRARY The NORTH CAROLINA REGISTER IN THIS ISSUE EXECUTIVE ORDERS PROPOSED RULES Environment, Health, and Natural Resources Foresters, Registration for Human Resources Insurance Transportation RRC OBJECTIONS RULES INVALIDATED BY JUDICIAL DECISION CONTESTED CASE DECISIONS ISSUE DATE: July 15, 1993 Volume 8 • Issue 8 • Pages 641 - 708 INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE NORTH CAROLINA REGISTER The North Carolina Register is published twice a month and contains information relating to agency, executive, legislative and judicial actions required by or affecting Chapter 150B of the General Statutes. All proposed administrative rules and notices of public hearings filed under G.S. 150B-21.2 must be published in the Register. The Register will typically comprise approximately fifty pages per issue of legal text. State law requires that a copy of each issue be provided free of charge to each county in the state and to various state officials and institutions. The North Carolina Register is available by yearly subscription at a cost of one hundred and five dollars (S105.00) for 24 issues. Individual issues may be purchased for eight dollars (S8.00). Requests for subscription to the North Carolina Register should be directed to the Office of Administrative Hearings, P. 0. Drawer 27447, Raleigh, N. C. 2761 1-7447. TEMPORARY RULES Under certain emergency conditions, agencies may issue temporary rules. Within 24 hours of submission to OAH, the Codifier of Rules must review the agency's written statement of findings of need for the temporary rule pursuant to the provisions in G.S. 150B-21.1. If the Codifier determines that the findings meet the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If the Codifier determines that the findings do not meet the criteria, the rule is returned to the agency. The agency may supplement its findings and resubmit the temporary rule for an additional review or the agency may respond that it will remain with its initial position. The Codifier, thereafter, will enter the rule into the NCAC. A temporary rule becomes effective either when the Codifier of Rules enters the rule in the Code or on the sixth business day after the agency resubmits the rule without change. The temporary rule is in effect for the period specified in the rule or 180 days, whichever is less. An agency adopting a temporary rule must begin rule-making procedures on the permanent rule at the same time the temporary rule is filed with the Codifier. I ADOPTION AMENDMENT, AND REPEAL OF RULES NORTH CAROLINA ADMINISTRATIVE CODE The following is a generalized statement of the procedures to be followed for an agency to adopt, amend, or repeal a rule. For the specific statutory authority, please consult Article 2A of Chapter 150B of the General Statutes. Any agency intending to adopt, amend, or repeal a rule must first publish notice of the proposed action in the North Carolina Register. The notice must include the time and place of the public hearing (or instructions on how a member of the public may request a hearing); a statement of procedure for public comments; the text of the proposed rule or the statement of subject matter; the reason for the proposed action; a reference to the statutory authority for the action and the proposed effective date. Unless a specific statute provides otherwise, at least 15 days must elapse following publication of the notice in the North Carolina Register before the agency may conduct the public hearing and at least 30 days must elapse before the agency can take action on the proposed rule. An agency may not adopt a rule that differs substantially from the proposed form published as part of the public notice, until the adopted version has been published in the North Carolina Register for an additional 30 day comment period. When final action is taken, the promulgating agency must file the rule with the Rules Review Commission (RRC). After approval by RRC, the adopted rule is filed with the Office of Administrative Hearings (OAH). A rule or amended rule generally becomes effective 5 business days after the rule is filed with the Office of Administrative Hearings for publication in the North Carolina Administrative Code (NCAC). Proposed action on rules may be withdrawn by the promulgating agency at any time before final action is taken by the agency or before filing with OAH for publication in the NCAC. The North Carolina Administrative Code (NCAC) is a compilation and index of the administrative rules of 25 state agencies and 38 occupational licensing boards. The NCAC comprises approximately 15,000 letter size, single spaced pages of material of which approximately 35% of is changed annually. Compilation and publication of the NCAC is mandated by G.S. 150B-21.18. The Code is divided into Titles and Chapters. Each state agency is assigned a separate title which is further broken down by chapters. Title 21 is designated for occupational licensing boards. The NCAC is available in two formats. (1) Single pages may be obtained at a minimum cost of two dollars and 50 cents (S2.50) for 10 pages or less, plus fifteen cents (SO. 15) per each additional page. (2) The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly with replacement pages. A one year subscription to the full publication including supplements can be purchased for seven hundred and fifty dollars (S750.00). Individual volumes may also be purchased with supplement service. Renewal subscriptions for supplements to the initial publication are available. Requests for pages of rules or volumes of the NCAC should be directed to the Office of Administrative Hearings. CITATION TO THE NORTH CAROLINA REGISTER The North Carolina Register is cited by volume, issue, page number and date. 1:1 NCR 101-201, April 1, 1986 refers to Volume 1, Issue 1. pages 1fM through 201 of the North Carolina Register issued on April 1, 1 986. 4 FOR INFORMATION CONTACT Office of Administrate e Hearings, ATTN: Ru es Division, P.O. Drawer 27447. Raleigh, North Carolina 27611 -7447. (919) 733-2678. i NORTH CAROLINA REGISTER Office of Administrative Hearings P. O. Drawer 27447 Raleigh, North Carolina 27611-7447 (919) 733-2678 Julian Mann III, Director James R. Scarcella Sr., Deputy Director Molly Masich, Director ofAPA Services Staff: Ruby Creech, Publications Coordinator Teresa Kilpatrick, Editorial Assistant Jean Shirley, Editorial Assistant ISSUE CONTENTS I. EXECUTIVE ORDERS Executive Orders 17-18 641 II. PROPOSED RULES Environment, Health, and Natural Resources Environmental Management .... 658 Wildlife Resources 663 Human Resources Medical Care Commission 644 Services for the Deaf and Hard of Hearing 650 Insurance Actuarial Services 657 Licensing Board Foresters, Registration for 674 Transportation Highways, Division of 669 III. RRC OBJECTIONS 676 IV. RULES INVALIDATED BY JUDICIAL DECISION 681 V. CONTESTED CASE DECISIONS Index to ALJ Decisions 682 Text of Selected Decisions 92 DHR 1 109 687 VI. CUMULATIVE INDEX 707 NORTH CAROLINA REGISTER Publication Schedule (January 1993 - December 1993) Last Day Earliest Earliest for Elec- Date for Date for Last Day *Earliest Issue Last Day tronic Public Adoption to Submit Effective Date for Filing Filing Hearing by Agency to RRC Date =< :< Jfi M =< =< =« ******* * * **>i< # * ******* =<>;>: 3-: >= >; ^ ]|Cl|t>|E3{(^^^ sje >}« sj« >je ife sje a|e 01/04/93 12/09/92 12/16/92 01/19/93 02/03/93 02/20/93 04/01/93 01/15/93 12/22/92 12/31/92 01/30/93 02/14/93 02/20/93 04/01/93 02/01/93 01/08/93 01/15/93 02/16/93 03/03/93 03/20/93 05/03/93 02/15/93 01/25/93 02/01/93 03/02/93 03/17/93 03/20/93 05/03/93 03/01/93 02/08/93 02/15/93 03/16/93 03/31/93 04/20/93 06/01/93 03/15/93 02/22/93 03/01/93 03/30/93 04/14/93 04/20/93 06/01/93 04/01/93 03/11/93 03/18/93 04/16/93 05/01/93 05/20/93 07/01/93 04/15/93 03/24/93 03/31/93 04/30/93 05/15/93 05/20/93 07/01/93 05/03/93 04/12/93 04/19/93 05/18/93 06/02/93 06/20/93 08/02/93 05/14/93 04/23/93 04/30/93 05/29/93 06/13/93 06/20/93 08/02/93 06/01/93 05/10/93 05/17/93 06/16/93 07/01/93 07/20/93 09/01/93 06/15/93 05/24/93 06/01/93 06/30/93 07/15/93 07/20/93 09/01/93 07/01/93 06/10/93 06/17/93 07/16/93 07/31/93 08/20/93 10/01/93 07/15/93 06/23/93 06/30/93 07/30/93 08/14/93 08/20/93 10/01/93 08/02/93 07/12/93 07/19/93 08/17/93 09/01/93 09/20/93 11/01/93 08/16/93 07/26/93 08/02/93 08/31/93 09/15/93 09/20/93 11/01/93 09/01/93 08/11/93 08/18/93 09/16/93 10/01/93 10/20/93 12/01/93 09/15/93 08/24/93 08/31/93 09/30/93 10/15/93 10/20/93 12/01/93 10/01/93 09/10/93 09/17/93 10/16/93 10/31/93 11/20/93 01/04/94 10/15/93 09/24/93 10/01/93 10/30/93 11/14/93 11/20/93 01/04/94 11/01/93 10/11/93 10/18/93 11/16/93 12/01/93 12/20/93 02/01/94 11/15/93 10/22/93 10/29/93 11/30/93 12/15/93 12/20/93 02/01/94 12/01/93 11/05/93 11/15/93 12/16/93 12/31/93 01/20/94 03/01/94 12/15/93 11/24/93 12/01/93 12/30/93 01/14/94 01/20/94 03/01/94 * Tfie "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above, that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next calendar month. EXECUTIVE ORDERS EXECUTIVE ORDER NUMBER 17 NORTH CAROLINA EMERGENCY RESPONSE COMMISSION Manager, Training/Standards Program, Fire and Rescue Services Division, Department of Insur-ance; WHEREAS, the Emergency Planning and Com-munity Right-to-know Act of 1986 enacted by the United States Congress, requires the Governor of each state to appoint a State Emergency Response Commission. NOW THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED: Section 1. Creation. Chief, Emergency Medical Services, Division of Facility Services, Department of Human Resourc-es; and Six at-large members from local government and private industry with technical expertise in the emergency response field may be appointed by the Governor and serve for terms of two (2) years at the pleasure of the Governor. Section 2. Duties. There is created the North Carolina Emergency Response Commission, hereinafter referred to as the "Commission." The Commission shall consist of not less than eleven members and shall be composed of at least the following persons: Director, Division of Emergency Management, Department of Crime Control and Public Safety, who shall serve as Chairperson. Coordinator, State Highway Patrol Hazardous Materials, Department of Crime Control and Public Safety; Safety Director, Department of Agriculture; Supervisor, Facilities Assessment Unit, Division of Environmental Management, Department of Environment, Health and Natural Resources; The Commission is designated as the State Emergency Response Commission as described in the Act and shall perform all duties required of it under the Act, including, but not limited to, the following: (a) Appoint local emergency planning commit-tees described under Section 301(c) of the Act and supervise and coordinate the activities of such committees. (b) Establish procedures for reviewing and processing requests from the public for information under Section 324 of the Act. (c) Designate emergency planning districts to facilitate preparation and implementation of emer-gency plans as required under Section 301(b) of the Act. Director, Solid Waste Management Division, Department of Environment, Health and Natural Resources; (d) After public notice and opportunity for comment, designate additional facilities that may be subject to the Act under Section 302 of the Act. Director, Radiation Protection Division, Depart-ment of Environment, Health and Natural Resourc-es; Director, Office of Waste Reduction (Pollution Prevention Program), Department Environment, Health and Natural Resources; Director, Emergency Planning, Division of Highways, Department of Transportation; Chief, Transportation Inspection, Division of Motor Vehicles (Enforcement Section), Depart-ment of Transportation; (e) Notify the Administrator of the Environmen-tal Protection Agency of facilities subject to the requirements of Section 302 of the Act. (f) Review the emergency plans submitted by local emergency planning committees and make recommendations to the committees on revisions of the plans that may be necessary to ensure coordi-nation of such plans with emergency response plans of other emergency planning districts. Section 3. Administration. (a) The Department of Crime Control and Public Safety shall provide administrative support and 8:8 NORTH CAROLINA REGISTER July 15, 1993 641 EXECUTIVE ORDERS staff as may be required. (b) Members of the Commission shall serve without compensation but may receive reimburse-ment, contingent on the availability of funds, for travel and subsistence expenses in accordance with state guidelines and procedures. Section 4. Effect on other Executive Orders. The following Executive Orders of the Martin Administration are hereby rescinded: Numbers 43, 48, 50, and 165. All other portions of Execu-tive Orders inconsistent herewith are also rescind-ed. This Executive Order shall be effective immedi-ately. Done in the Capitol City of Raleigh, North Carolina, this the 16th day of June, 1993. EXECUTIVE ORDER NUMBER 18 EMERGENCY MANAGEMENT PROGRAM WHEREAS, the natural phenomena such as hurricanes, floods, tornadoes, severe winter weath-er, droughts, earthquakes, and man-made disasters such as explosions or major electric power failures are an ever-present danger; and WHEREAS, potential enemies of the United States now possess the capability of launching attacks and unprecedented destruction upon this State and nation, from land, sea and air; and WHEREAS, it is the duty of the Department of Crime Control and Public Safety to provide emer-gency services to protect the public against natural and man-made disasters; and WHEREAS, it is the duty of the Department of Crime Control and Public Safety to ensure the preparation, coordination, and readiness of emer-gency management and military plans and effective conduct of emergency operations by all participat-ing agencies in order to sustain life and prevent, minimize, or remedy injury to persons and damage to property resulting from disasters caused by enemy attack or other hostile actions or from disasters due to natural or man-made causes; and WHEREAS, the Emergency Management Act of 1977, as amended, N.C.G.S. 166A-1, et seg., the North Carolina Emergency War Powers Act, N.C.G.S. 147-33.1, et seq. , and Article 36A of Chapter 14 of the General Statutes confer upon the Governor comprehensive powers to be exercised in providing for the common defense and protection of the lives and property of the people of this State against both man-made and natural disasters; and WHEREAS, the effective exercise of these emergency powers requires extensive initial plan-ning, continued revision and exercising of plans, assignment of emergency management functions prior to the occurrence of an emergency, the training of personnel in order to ensure a smooth, effective application of governmental functions to emergency operations, and the quick response of all necessary State resources; and WHEREAS, these emergency management functions are intended to be and can be accom-plished most effectively through those established activities of state and local government whose normal functions relate to those emergency servic-es which would be needed; NOW, THEREFORE, pursuant to the authority vested in me as Governor by the laws and the Constitution of North Carolina, IT IS ORDERED: Section U Coordination of Services. In the event the Governor, in the exercise of his constitutional and statutory responsibilities, shall deem it necessary to utilize the service of more than one subunit of state government to provide protection to the people from natural or man-made disasters or emergencies, including, but not limited to, wars, insurrections, riots, civil disturbances, or accidents, the Secretary of Crime Control and Public Safety, under the direction of the Governor, shall serve as the chief coordinating officer for the State between the respective subunits so utilized, as provided in N.C.G.S. 143B-476. Section 2. Response to Emergency. Whenever the Secretary of Crime Control and Public Safety exercises the authority provided in Section 1, he shall be authorized to utilize and allocate all available state resources as are reasonably necessary to cope with the emergency or disaster. His authority includes the direction of personnel and functions of state agencies for the purpose of performing or facilitating the initial response to the disaster or emergency. Following the initial response, the Secretary, in consultation 642 8:8 NORTH CAROLINA REGISTER July 15, 1993 EXECUTIVE ORDERS with the heads of the state agencies which have, or appear to have, responsibility for dealing with the emergency or disaster, shall designate one or more lead agencies to be responsible for subsequent phases of the response to the emergency or disaster. Pending an opportunity to consult with the head of such agencies, the Secretary may make interim lead agency designations. Section 3. Reporting. Every department of state government is required to report to the Secretary of Crime Control and Public Safety, by the fastest means practicable, all natural or man-made disasters or emergencies, which appear likely to require the utilization of the services of more than one subunit of State government. Section 4. Delegation of Authority. The Secretary of Crime Control and Public Safety is hereby authorized to delegate the authority to utilize and allocate all available state resources as may be necessary to carry out the intent of this order. Section 5. Publication of Emergency Plans. An explanation of the emergency management functions assigned to each state department, division, subdivision, or agency is contained in the state plans developed and published by the Division of Emergency Management of the North Carolina Department of Crime Control and Public Safety. The provisions of these documents, including attached annexes and any future revisions, are specifically incorporated herein by reference. department or agency. Section 8. Liaisons. The head of each department, agency, commission or office of state government that is charged with emergency management responsibilities shall designate personnel to perform liaison functions with all other components of state government on matters pertaining to emergency management activities. Section 9. Procedures. The heads of state government departments assigned emergency management functions shall prepare procedures to procure from governmental and private sources all materials, manpower, equipment, supplies, and services necessary to carry out these assigned functions. Each agency of state government shall cooperate with all other agencies of state government to assure the availability of resources in an emergency. Section 10. Effect on Other Executive Orders. Executive Order Number 73 of the Martin Administration is hereby rescinded. This Order shall become effective immediately. Done in the Capital City of Raleigh, North Carolina, this the 16th day of June, 1993. Section 6. Supporting Plans. The heads of the departments of state government and other agencies designated in the state emergency plans are granted the authority, and charged with the responsibility, to develop supporting plans and procedures. Upon orders of the Governor, Secretary of Crime Control and Public Safety, or his designee, these personnel shall execute the emergency management functions assigned to them in the emergency plans. Section 7. Revision of Plans. The Secretary of Crime Control and Public Safety is hereby authorized to update and periodically revise or cause to be revised the state emergency plans and supporting plans to ensure that they will be current and consistent with the functions, duties, and capabilities of a given 8:8 NORTH CAROLINA REGISTER July 15, 1993 643 PROPOSED RULES TITLE 10 - DEPARTMENT OF HUMAN RESOURCES Notice is hereby given in accordance with G.S. 150B-21.2 that the Medical Care Commission intends to adopt rules cited as 10 NCAC 3C .2031 - .2032, 3H .1161 - .1162; amend rules cited as 10 NCAC 3C .2021 , 3H .0108, .0315, .0317 and .1151. 1 he proposed effective date of this action is December 1, 1993. 1 he public hearing will be conducted at 9:30 a.m. on September 10, 1993 at Room 201 , Council Building, 701 Barbour Drive, Raleigh, NC 27603. ixeason for Proposed Action: 10 NCAC 3C .2021, .2031-. 2032, 10 NCAC 3H .1151, .1161-. 1162 - To establish rules for inpa-tient rehabilitation beds operated by acute care hospitals and nursing facilities. 10 NCAC 3H .0108, .0315, .0317 - To clarify definitions related to patient abuse and neglect and describe proceduresfor reporting and investigating incidents of abuse or neglect. i^omment Procedures: All written comments must be submitted to Jackie Sheppard, APA Coordina-tor, PO Box 29530, Raleigh, NC 27626-0530 up to and including August 16, 1993. Written comments submitted after the deadline will not be considered by the Commission. CHAPTER 3 - FACILITY SERVICES SUBCHAPTER 3C - LICENSING OF HOSPITALS SECTION .2000 - SPECIALLY DESIGNATED UNITS .2021 PHYSICIAN REQS FOR INPATIENT REHABILITATION FACILITIES OR UNITS (a) In a rehabilitation facility or unit a physician shall participate in the provision and management of rehabilitation services and in the provision of medical services. (b) In a rehabilitation facility or unit a rehabili-tation physician shall be responsible for a patient's interdisciplinary treatment plan. Each patient's interdisciplinary treatment plan shall be developed and implemented under the supervision of a reha-bilitation physician. (c) The rehabilitation physician shall participate in the preliminary assessment within 48 hours of admission, prepare a plan of care and direct the necessary frequency of contact based on the medical and rehabilitation needs of the patient. The frequency shall be appropriate to justify the need for comprehensive inpatient rehabilitation care. (ed) An inpatient rehabilitation facility or unit's contract or agreements with a rehabilitation physi-cian shall require that the rehabilitation physician shall participate in individual case conferences or care planning sessions and shall review and sign discharge summaries and records. When patients are to be discharged to another health care facility, the discharging facility shall assure that the patient has been provided with a discharge plan which incorporates post discharge continuity of care and services. When patients are to be discharged to a residential setting, the facility shall assure that the patient has been provided with a discharge plan that incorporates the utilization of community resources when available and when included in the patient's plan of care. (ed) The intensity of physician medical services and the frequency of regular contacts for medical care for the patient shall be determined by the patient's pathophysiologic needs. (ef) Where the attending physician of a patient in an inpatient rehabilitation facility or unit orders medical consultations for the patient, such consul-tations shall be provided by qualified physicians within 48 hours of the physician's order. In order to achieve this result, the contracts or agreements between inpatient rehabilitation facilities or units and medical consultants shall require that such consultants render the requested medical consulta-tion within 48 hours. (fg) An inpatient rehabilitation facility or unit shall have a written procedure for setting the qualifications of the physicians rendering physical rehabilitation services in the facility or unit. Statutory Authority G.S. 131E-79; 143B-165. .2031 ADDITIONAL REQUIREMENTS FOR TRAUMATIC BRAIN INJURY PATIENTS Inpatient rehabilitation facilities providing servic-es to persons with traumatic brain injuries shall meet the requirements in this Rule in addition to 644 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES those identified in this Section. (1) Direct-care nursing personnel staffing ratios established in Rule .2027 of this Section shall not be applied to nursing services for traumatic brain injury pa-tients in the inpatient, rehabilitation facility or unit. The minimum nursing hours per traumatic brain injury patient in the unit shall be 6.5 nursing hours per patient day. At no time shall direct care nursing staff be less than two full-time equivalents, one of which shall be a registered nurse. (2) The inpatient rehabilitation facility or unit shall employ or provide by contractual agreements physical, occupational or speech therapists in order to provide a minimum of 4^5 hours of specific or combined rehabilitation therapy services per traumatic brain injury patient day. (3) The facility shall provide special facility or equipment needs for patients with traumatic brain injury, including a quiet room for therapy, specially designed wheelchairs, standing tables and comput-ers with cognitive retraining software. £4} The medical director of an inpatient traumatic brain injury program shall have two years management in a brain injury program, one of which may be in a clinical fellowship program and board eligibility or certification in the medical specialty of the physician's training. (5) The facility shall provide the consulting services of a neuropsychologist. (6) The facility shall provide continuing education in the care and treatment of brain injury patients for all staff. (7) The facility shall document specific staff training and education in the care and treatment of brain injury. (8) The size of the brain injury program shall be adequate to support a comprehensive, dedicated ongoing brain injury program. Statutory Authority G.S. 131E-79; 143B-165. .2032 ADDITIONAL REQUIREMENTS FOR SPINAL CORD INJURY PATIENTS Inpatient rehabilitation facilities providing servic-es to persons with spinal cord injuries shall meet the requirements in this Rule in addition to those identified in this Section. (1) Direct-care nursing personnel staffing ratios established in Rule .2027 of this Section shall not be applied to nursing services for spinal cord injury patients in the inpatient, rehabilitation facility or unit. The minimum nursing hours per spinal cord injury patient in the unit shall be 6.0 nursing hours per patient day. At no time shall direct care nursing staff be less than two full-time equivalents, one of which shall be a registered nurse. (2) The inpatient rehabilitation facility or unit shall employ or provide by contractual agreements physical, occupational or speech therapists in order to provide a minimum of 4.0 hours of specific or combined rehabilitation therapy services per spinal cord injury patient day. (3) The facility shall provide special facility or special equipment needs of patients with spinal cord injury, including special-ly_ designed wheelchairs, tilt tables and standing tables. (4) The medical director of an inpatient spinal cord injury program shall have either two years experience in the medi-cal care of persons with spinal cord injuries or six month's minimum in a spinal cord injury fellowship. (5) The facility shall provide continuing education in the care and treatment of spinal cord injury patients for all staff. (6) The facility shall provide specific staff training and education in the care and treatment of spinal cord injury. (7) The size of the spinal cord injury pro-gram shall be adequate to support a comprehensive, dedicated ongoing spinal cord injury program. Statutory Authority G.S. 131E-79; 143B-165. SUBCHAPTER 3H - RULES FOR THE LICENSING OF NURSING HOMES SECTION .0100 - GENERAL INFORMATION .0108 DEFINITIONS The following definitions will apply throughout this Subchapter: (1) "Abuse" means the infliction of physical pain, injury, mental anguish or unreason-able confinement which may cause or result jn temporary or permanent mental 8:8 NORTH CAROLINA REGISTER July 15, 1993 645 PROPOSED RULES (a) lb] icj Id) LSJ (+2) (33) (34) (45) (56) or physical injury, pain, harm, or death. Abuse includes, but |s not limited to, the following: Verbal abuse z any use of oral, written or gestured language which a reason-able person would view as disparaging and derogatory terms to a patient re-gardless of his or her age, ability to comprehend or disability; Sexual abuse - sexual harassment, sexual coercion or sexual assault of a patient; Physical abuse z hitting, slapping, kicking or corporal punishment of a patient; Mental abuse z language or treatment which would be viewed by a reasonable person as involving humiliation, harass-ment, threats of punishment or depriva-tion of a patient; Unreasonable confinement - the separa-tion of a patient from other persons, or from his or her room, against the patient's will or the will of the patient's legal representative. Unreasonable confinement does not include emergency or separation used short-term monitored as therapeutic intervention to reduce agitation until a plan of care is developed to meet the patient's needs, "Accident" means an unplanned or un-wanted event resulting in the injury or wounding, no matter how slight, of a patient or other individual. "Adequate" means, when applied to various services, that the services are at least satisfactory in meeting a referred to need when measured against contempo-rary professional standards of practice. "Administrator" means the person who has authority for and is responsible for the overall operation of a facility. "Appropriate" means right for the speci-fied use or purpose, suitable or proper when used as an adjective. When used as a transitive verb it means to set aside for some specified exclusive use. "Brain injury long term care" is defined as an interdisciplinary, intensive mainte-nance program for patients who have incurred brain damage caused by external physical trauma and who have completed a primary course of rehabilitative treat-ment and have reached a point of no gain or progress for more than three consecu-tive months. Services are provided through a medically supervised interdisci-plinary process and are directed toward maintaining the individual at the optimal level of physical, cognitive and behavior-al functions. (67) "Capacity" means the maximum number of patient or resident beds for which the facility is licensed to maintain at any given time. (38) "Combination facility" means a combina-tion home as defined in G.S. 131E-101. (89) Convalescent care" means care given for the purpose of assisting the patient or resident to regain health or strength. (910) "Department" means the North Carolina Department of Human Resources. (+6H) "Director of Nursing" means the nurse who has authority and direct responsibil-ity for all nursing services and nursing care. (4412) "Drug" means substances: (a) recognized in the official United States Pharmacopoeia, official National For-mulary, or any supplement to any of them; (b) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; (c) intended to affect the structure or any function of the body of man or other animals, i.e., substances other than food; and (d) intended for use as a component of any article specified in (a), (b), or (c) of this Subparagraph. (4-2-L3) "Duly licensed" means holding a current and valid license as required under the General Statutes of North Carolina. (4-314) "Existing facility" means a facility cur-rently licensed or a proposed facility, proposed addition to a licensed facility or proposed remodeled licensed facility that will be built according to plans and specifications which have been approved by the Department through the prelimi-nary working drawings state prior to the effective date of this Rule. (4415) "Exit conference" means the conference held at the end of a survey, or investiga-tion between the Department's represen-tatives and the facility administration representative. (16) "Finding" means a determination by the 646 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES > > I State that an allegation of patient abuse or neglect, or misappropriation of patient property has been substantiated. (4517) "HIV Unit" means designated areas dedicated to patients or residents known to have Human Immunodeficiency Virus disease. (-1-618) "Incident" means an unplanned or unwanted event which has not caused a wound or injury to any individual but which has the potential for such should the event be repeated. (-1-719) "Interdisciplinary" means an integrated process involving a representative from each discipline of the health care team. (+820) "Licensed practical nurse" means a nurse who is duly licensed as a practical nurse under G.S. 90, Article 9A. (4-92H "Licensee" means the person, firm, partnership, association, corporation or organization to whom a license has been issued. (3022) "Medication" means drug as defined in (11) of this Rule. (23) "Misappropriation of property" means the intentional exploitation, or wrongful taking or use of a patient's belongings or money whether temporary or permanent. (24) "Neglect" means a failure through a lack of attention, carelessness, or omission, to provide timely and consistent services, treatment or care to a patient which are necessary to obtain or maintain the patient's health, safety or comfort. (2425) "New facility" means a proposed facility, a proposed addition to an existing facility or a proposed remodeled portion of an existing facility that is constructed according to plans and specifications approved by the Department subsequent to the effective date of this Rule. If determined by the Department that more than half of an existing facility is remodeled, the entire existing facility shall be considered a new facility. (3226) "Nurse Aide" means any individual providing nursing or nursing-related services to patients in a facility who is not a licensed health professional, a qualified dietitian, or someone who volunteers to provide such services without pay, and listed in a nurse aide registry approved by the Department. (3327) "Nurse Aide Trainee" means an individual who has not completed an approved nurse aide training course and competency evaluation and is demonstrating knowledge, while performing tasks for which they have been found proficient by an instructor. These tasks shall be performed under the direct supervision or a registered nurse. The term does not apply to volunteers. (3428) "Nursing Facility" means that portion of a nursing home certified under Title XIX of the Social Security Act (Medicaid) as in compliance with federal program standards for nursing facilities. It is often used as synonymous with the term "nursing home" which is the usual prerequisite level of state licensure for nursing facility (NF) certification and Medicare skilled nursing facility (SNF) certification. (3529) "Nurse in charge" means the nurse to whom duties for a specified number of patients and staff for a specified period of time have been delegated, such as for Unit A on the 7-3 or 3-1 1 shift. (3630) "On duty" means personnel who are awake, dressed, responsive to patient needs and physically present in the facility performing assigned duties. (3731) "Operator" means the owner of the nursing home business. (3832) "Patient" means any person admitted for nursing care. (3933) "Person" means an individual, trust, estate, partnership or corporation including associations, joint-stock companies and insurance companies. (3034) "Proposal" means a Negative Action Proposal containing documentation of findings that may ultimately be classified as violations and penalized accordingly. (34-35) "Provisional License" means an amended license recognizing significantly less than full compliance with the licensure rules. (3336) "Physician" means a person licensed under G.S. Chapter 90, Article 1 to practice medicine in North Carolina. (3337) "Qualified Activities Director" means a person who has the authority and responsibility for the direction of all therapeutic activities in the nursing facility and who meets the qualifications set forth under 10 NCAC 3H .1204. (3438) "Qualified Dietitian" means a person who meets the standards and qualification established by the Commission on 8:8 NORTH CAROLINA REGISTER July 15, 1993 647 PROPOSED RULES Dietetic Registration of the American Dietetic Association included in "Standards of Practice" seven dollars and twenty-five cents ($7.25) or "Code of Ethics for the Profession of Dietetics" two dollars and fifteen cents ($2.15), American Dietetic Association, 216 W. Jackson Blvd., Chicago, IL 60606-6995. (3539) "Qualified Pharmacist" means a person who is licensed to practice pharmacy in North Carolina and who meets the qualifications set forth under 10 NCAC 3H .0903. (3640) "Qualified Social Services Director" means a person who has the authority and responsibility for the provision of social services in the nursing home and who meets the qualification set forth under 10 NCAC 3H .1306. (334 1 ) "Registered Nurse" means a nurse who is duly licensed as a registered nurse under G.S. 90, Article 9A. (3842) "Resident" means any person admitted for care to a domiciliary home part of a combination home as defined in G.S. 131E-101. (3943) "Sitter"means an individual employed to provide companionship and social interaction to a particular patient, usually on a private duty basis. (4044) "Supervisor-in-Charge (domiciliary home)" means any employee to whom supervisory duties for the domiciliary home portion of a combination home have been delegated by either the Administrator or Director of Nursing. (44-45) Surveyor" means an authorized representative of the Department who inspects nursing facilities and combination facilities to determine compliance with rules as set forth in G.S. 1 3 1 E- 1 1 7 and applicable state and federal laws, rules and regulations. (4546) "Ventilator dependence" is defined as physiological dependency by a patient on the use of a ventilator for more than eight hours a day. (4347) "Violation" means a finding which directly relates to a patient's health, safety or welfare or which creates a substantial risk that death or serious physical harm will occur and is determined to be an infraction of the regulations, standards and requirements set forth in G.S. 131 E- 117 or applicable state and federal laws, rules and regulations. Statutory Authority G.S. 131E-104; 42 U.S.C. 1396r(a). SECTION .0300 - GENERAL STANDARDS OF ADMINISTRATION .0315 NURSING HOME PATIENT RIGHTS (a) Written policies and procedures shall be developed and enforced to implement requirements in G.S. 131E-115 et seq. (Nursing Home Patients' Bill of Rights) concerning the rights of patients and residents . The Administrator shall make these policies and procedures known to the staff, patients and — residents, and families of patients aed residents and shall ensure their availability to the public by placing them in a conspicuous place. (b) In matters of patient abuse, neglect or misappropriation the definitions shall have the meaning defined in Rule .0108 of this Subchapter for abuse, neglect and exploitation respectively as contained in the North Carolina Protection of the Abused, Neglected or Exploited Disabled Adult Act, G.S. 108A 99 et seq . Statutory Authority G.S. 131E-104; 131E-111; 131E-124; 131E-129;42 U.S.C. 1396r(e)(2)(B). .0317 REPORTING AND INVESTIGATING ABUSE, NEGLECT OR MISAPPROPRIATION (a) The facility shall take proper measures to prevent patient abuse, patient neglect, or misappropriation of patient property, including but not limited to orientation and instruction of facility staff on patients' rights, and the requesting of references for all prospective employees. (b) The Administrator shall assure that the Department is notified of those accidents resulting in death, burns, fractured bones, severe cuts or bruises, hospitalization and all alleged incidents ef accidents which appear to be related to patient abuse^ ef neglect or misappropriation of patient property . (c) The incident report shall be printed or typed and postmarked within 48 hours of the accident or incident The report shall be conducted as specified in 42 CFR subsection 483.13 and shall consist of a simple statement of the patient's ef resident's full namer; room number^ date and time of the incident or accident^ type of injury, abuse, neglect or misappropriation of property; names of 648 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES persons involved^ and immediate action taken by the facility. (d) The facility shall thoroughly investigate and document according to 42 CFR subsection 483. 13, which is incorporated by reference, including subsequent amendments, all alleged incidents of patient abuse, patient neglect, or misappropriation of patient property and shall take whatever steps are necessary to prevent further incidents of abuse, neglect or misappropriation of property while the investigation is in progress. (e) The facility shall make available for inspection by the Department any information related to any alleged incident of patient abuse, patient neglect, or misappropriation of patient property including but not limited to medical records; incident reports; facility investigation; statements by victims, witnesses and alleged perpetrators; performance evaluations, in-service education, verification of listing on Nurse Aide Registry, prior disciplinary actions, employment references, and orientation documentation of staff witnesses and alleged perpetrators; facility policies; and any information related to the alleged incident. Authority G.S. 131E-104; 131E-111; 143B-165;42 U.S.C. 1395; 42 U.S.C. 1396; 42 C.F.R. 483. SECTION .1100 - SPECIALLY DESIGNATED UNITS .1151 PHYSICIAN REQUIREMENTS/ INPATIENT REHABILITATION FACILITIES OR UNITS (a) In a rehabilitation facility or unit a physician shall participate in the provision and management of rehabilitation services and in the provision of medical services. (b) In a rehabilitation facility or unit a rehabilitation physician shall be responsible for a patient's interdisciplinary treatment plan. Each patient's interdisciplinary treatment plan shall be developed and implemented under the supervision of a rehabilitation physician. (c) The rehabilitation physician shall participate in the preliminary assessment within 48 hours of admission, prepare a plan of care and direct the necessary frequency of contact based on the medical and rehabilitation needs of the patient. The frequency shall be appropriate to justify the need for comprehensive inpatient rehabilitation care. (ed) An inpatient rehabilitation facility or unit's contract or agreements with a rehabilitation physician shall require that the rehabilitation physician shall participate in individual case conferences or care planning sessions and shall review and sign discharge summaries and records. When patients are to be discharged to another health care facility, the discharging facility shall assure that the patient has been provided with a discharge plan which incorporates post discharge continuity of care and services. When patients are to be discharged to a residential setting, the facility shall assure that the patient has been provided with a discharge plan that incorporates the utilization of community resources when available and when included in the patient's plan of care. (ed) The intensity of physician medical services and the frequency of regular contacts for medical care for the patient shall be determined by the patient's pathophysiologic needs. (fe)Where the attending physician of a patient in an inpatient rehabilitation facility or unit orders medical consultations for the patient, such consultations shall be provided by qualified physicians within 48 hours of the physician's order. In order to achieve this result, the contracts or agreements between inpatient rehabilitation facilities or units and medical consultants shall require that such consultants render the requested medical consultation within 48 hours. (gf) An inpatient rehabilitation facility or unit shall have a written procedure for setting the qualifications of the physicians rendering physical rehabilitation services in the facility or unit. Statutory Authority G.S. 131E-104. .1161 ADDITIONAL REQUIREMENTS FOR TRAUMATIC BRAIN INJURY PATIENTS Inpatient rehabilitation facilities providing services to persons with traumatic brain injuries shall meet the requirements in this Rule in addition to those identified in this Section. (1) Direct-care nursing personnel staffing ratios established in Rule . 1 157 of this Section shall not be applied to nursing services for traumatic brain injury patients in the inpatient, rehabilitation facility or unit. The minimum nursing hours per traumatic brain injury patient in the unit shall be (L5 nursing hours per patient day. At no time shall direct care nursing staff be less than two full-time equivalents, one of which shall be a registered nurse. (2) The inpatient rehabilitation facility or unit 8:8 NORTH CAROLINA REGISTER July 15, 1993 649 PROPOSED RULES shall employ or provide by contractual agreements physical, occupational or speech therapists in order to provide a minimum of 4^5 hours of specific or combined rehabilitation therapy services per traumatic brain injury patient day. (3) The facility shall provide special facility or equipment needs for patients with traumatic brain injury, including a quiet room for therapy, specially designed wheelchairs, standing tables and computers with cognitive retraining software. (4) The medical director of an inpatient traumatic brain injury program shall have two years management in a brain injury program, one of which may be in a clinical fellowship program and board eligibility or certification in the medical specialty of the physician's training. (5) The facility shall provide the consulting services of a neuropsychologist. (6) The facility shall provide continuing education in the care and treatment of brain injury patients for all staff. (7) The facility shall document specific staff training and education in the care and treatment of brain injury. (8) The size of the brain injury program shall be adequate to support a comprehensive, dedicated ongoing brain injury program. Statutory Authority G.S. 131E-104. .1162 ADDITIONAL REQUIREMENTS FOR SPINAL CORD INJURY PATIENTS Inpatient rehabilitation facilities providing services to persons with spinal cord injuries shall meet the requirements in this Rule in addition to those identified in this Section. (1) Direct-care nursing personnel staffing ratios established in Rule .1 157 of this Section shall not be applied to nursing services for spinal cord injury patients in the inpatient, rehabilitation facility or unit. The minimum nursing hours per spinal cord injury patient in the unit shall be 6J) nursing hours per patient day. At no time shall direct care nursing staff be less than two full-time equivalents, one of which shall be a registered nurse. (2) The inpatient rehabilitation facility or unit shall employ or provide by contractual agreements physical, occupational or speech therapists in order to provide a minimum of 4JD hours of specific or combined rehabilitation therapy services per spinal cord injury patient day. (3) The facility shall provide special facility or special equipment needs of patients with spinal cord injury, including specially designed wheelchairs, tilt tables and standing tables . (4) The medical director of an inpatient spinal cord injury program shall have either two years experience in the medical care of persons with spinal cord injuries or six month's minimum in a spinal cord injury fellowship. (5) The facility shall provide continuing education in the care and treatment of spinal cord injury patients for all staff. (6) The facility shall provide specific staff training and education in the care and treatment of spinal cord injury. (7) The size of the spinal cord injury program shall be adequate to support a comprehensive, dedicated ongoing spinal cord injury program. Statutory Authority G.S. 131E-104. ISotice is hereby given in accordance with G.S. 150B-21.2 that the Division of Services for the Deaf and Hard of Hearing intends to amend rules cited as 10 NCAC 23E .0302 and .0304 - 0309. 1 he proposed effective date of this action is October 1, 1993. 1 he public hearing will be conducted at 6:00 p.m. on August 19, 1993 at the Anderson Building, Dix Campus, Conference Room, 1st Floor, 695A Palmer Drive, Raleigh, NC 27626 . Mxeason for Proposed Action: Expand existing testing system to incorporate testing of interpreters in educational settings. Lsomment Procedures: Any interested person may present his/her comments at the hearing for a maximum of 10 minutes or by submitting a written 650 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES statement. Any person wishing to make a presen-tation at the hearing should contact: Louise Spry, DSD/HH 695A Palmer Drive, Raleigh, NC, 27626, (919) 733-5199 by August 19, 1993. The hearing record will remain open for written comments until August 19, 1993. Written comments must be sent to the address above and must state the proposed rule or rules to which the comments are addressed. Fiscal information is also available upon request from the same address. CHAPTER 23 - SERVICES FOR THE DEAF AND THE HARD OF HEARING SUBCHAPTER 23E - SERVICES AVAILABLE SECTION .0300 - NORTH CAROLINA INTERPRETER CLASSIFICATION SYSTEM .0302 DEFINITIONS For the purpose of Rules .0501 .0301 through .0510 .0310 of this Section the following terms shall have the meanings indicated: (1) "Classifications" means one of the four levels of skill based on the total score given by the evaluators on the classifica-tion test. (2) "Classification Team" means a group of three evaluators designated to review an NCICS candidate's videotaped perfor-mance scoring the performance in accor-dance with the training received as an evaluator in the NCICS process in which they are participating. {3) £3} "Critical Situations" means any inter-preting assignment which has the poten-tial for altering the quality of someone's life either physically, emotionally or financially. (4) "Community-based Test" means the tract of the NCICS, NCICS-C, which tests the competency of interpreters working in community-based settings such as medi-cal, legal and mental health situations. "D.P.I." means the Department of Public Instruction. "D.E.C." means the D.P.I. 's Division of £5) 16} (4) Exceptional Children. (7) "Division" means the North Carolina Division of Services for the Deaf and the Hard of Hearing. (8) "Division Director" means the Direc-tor of the North Carolina Division of Services for the Deaf and the Hard of Hearing. (9) "Educational-based Test" means the tract of the NCICS, NCICS-E, which tests the competency of interpreters working in educational settings such as elementary, secondary and post-secondary schools. {§) (10) "Evaluators" are persons who have received formal instruction regarding the NCICS process processes from the Divi-sion regarding terminology and scoring in an effort to attain the highest level of validity, reliability and consistency possible. {6) (11) "Interpreter Training" means activi-ties recognized by the Division which are oriented toward the enhancement of interpreting practice, values, skills and knowledge such as continuing education courses, workshops, seminars, conferenc-es, lectures, and post-secondary courses. f?) £12} "N.C.I. C.S." means the North Carolina Interpreter Classification Sys-tem. <& £13} "N.R.I.D." means the National Registry of Interpreters for the Deaf. {9) (14) "Sign Language Interpreter" means a person who performs services for the public in the capacity of an interpreter or transliterator between one or more hear-ing persons and one or more deaf persons using American Sign Language or manu-ally coded English. (15) "NCICS-C Standards of Ethical Behav-ior" are behavioral guidelines for inter-preters working primarily in community based settings established by the Texas Commission for the Deaf and adopted by reference under the provisions of G.S. 150B- 14(c) to protect the rights of the consumers both hearing and hearing-impaired and the interpreters. (16) "NCICS-E Standards of Ethical Behav-ior" are behavioral guidelines for inter-preters working primarily in educational settings developed by the Division and DPI established to protect the rights of the consumers both hearing and hearing-impaired and the interpreters. £W) (17) "State Coordinator" means a person employed by the Division of Services for the Deaf and the Hard of Hearing whose responsibility is to administer and oversee all aspects of the classification process. 8:8 NORTH CAROLINA REGISTER July 15, 1993 651 PROPOSED RULES (18) "Transliterator" means a person who performs services for the public in the capacity of a transliterator between one or more hearing persons and one or more deaf persons using a form of manually coded English. Statutory Authority G.S. 8B-1(3); 8B-6; 143B-216.33; 150B-14(c). .0304 APPLICATION The following shall be the process for application process for classification to be class ified : (1) Application forms and the dates of classification sessions shall be available at any office of the Division. (2) Applications shall be completed and sent to the state office of the Division at least 30 days prior to the scheduled classification session . Applicants shall be selected for each classification session in the order that the applications were received. Applicants who cannot be included in any given classification session shall be placed on priority for the next session. (3) Each applicant shall return a signed copy of the applicable, NCICS-C and/or NCICS-E, Standards of Ethical Behavior and a statement agreeing to maintain the confidentiality of the testing materials. Statutory Authority G.S. 8B-1(3); 8B-6; 143B-216.33. .0305 CLASSIFICATION TEAM AND EVALUATORS The criteria for the classification team and the classification team members shall be: (1) The classification team shall be composed of at least three trained evaluators. At least one evaluator shall be hearing and one shall be hearing-impaired. (2) Service terms of active evaluators shall be a maximum of two years with a mandatory one-year break between service periods. Retraining by the Division after the one-year break shall be required for continued participation on the classification team. (3) All hearing evaluators shall hold a current Class A classification for participation in the NCICS-C process or a current Class Advanced from the NCICS-E from the Division or current certification from the N.R.I.D. and all shall have successfully completed the evaluator training offered by the Division. Statutory Authority G.S. 8B-1(3); 8B-6; 143B-216.33. .0306 CLASSIFICATION (a) The classification process shall be as follows: (1) The Division shall conduct at least three classification sessions per year. (2) All testing for the classification process shall be videotaped. Videotapes shall be maintained within the Division for a period of not less than two years. (3) A written test covering the Standards of Ethical Behavior shall be administered prior to the skills portion of the N.C.I.C.S. process. An 80 percent passing score shall be required in order to proceed to the skills portion of the process. The Standards of Ethical Behavior consist of the following behavioral guidelines: (A) NCICS-C: (a) (j] Interpreter/transliterator shall keep all assignment-related information strictly confidential; (b) £ii] Interpreter/transliterator shall render the message faithfully, always conveying the content and spirit of the speaker, using language most readily understood by the person or persons whom they serve; fe) (iii) Interpreter/transliterator shall not counsel, advise or interject personal opinions; (d) (iv) Interpreter/transliterator shall accept assignments using discretion with regard to skills, setting and the consumers involved; (e) {vj Interpreter/transliterator shall request compensation for services in a professional and judicious manner; (f) (vi) Interpreter/transliterator shall maintain high professional standards and shall be expected to function in a manner appropriate to the situation while keeping in mind styles and colors which would enhance the effectiveness 652 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES te> > > of the interpreting; (vii) Interpreter/transliterator shall strive to further knowledge and skills through participation in workshops, seminars, professional meetings, interaction with professional colleagues and reading of current literature in the field. £B} NCICS-E: (i) Interpreters/Transliterators may discuss assignment related information only with teachers and their supervisors who are directly responsible for the educational program of hearing-impaired children for whom the interpreterinterprets/transliterates. Interpreters/Transliterators shall render the message faithfully, always conveying the content and spirit of the speaker, using language and modality (CUED SPEECH, ORAL, SIGN LANGUAGE) most readily understood by the student(s) whom they serve. Under the direction of the subject area teacher and as dictated by the individualized education program, the interpreter/transliterator may tutor hearing-impaired students and assist them to better comprehend the presented material. For nonacademic i s s u e s , t h e lii) m I interpreter/transliterator should direct students to the appropriate professional-ly) Interpreters/Transliterators in the educational setting shall accept only the employment for which they are qualified based on their certification level and consumers involved and should request compensation commensurate with that level, (v) Interpreters/Transliterators shall function in a manner appropriate to the situation, (vi) Interpreters/Transliterators shall accept assigned responsibility and authority for their role as members of the educational team. They will abide by and enforce federal , state, school district and individual school regulations. (vii) Interpreters/Transliterators shall strive to further professional knowledge and skills through participation in workshops, professionals meetings, interaction with professional colleagues and reading of current literature in the field. (viii) Interpreters/Transliterators are encouraged to support the profession by striving to maintain or improve related skills, knowledge and application of those skills. (4) Classifications shall be based on the points awarded by evaluators during the classification process. Classifications levels shall be as follows: (A) NCICS-C: fa) {i} " Trainee Class Trainee " is a two year temporary classification indicating the interpreter/transliterator exhibited only the minimal entry level skills necessary for becoming classified achieving 61-70 percent of the total possible points. This interpreter shall only be assigned to non-critical, slow-paced situations in which there would be the ability to stop the speaker for clarification. This interpreter shall not under any circumstances accept or be placed in any assignment which could be considered critical. This person shall be sent on assignments with an interpreter holding a Class A or N.R.I.D. certification whenever possible. ffe) (ii) "Class C" means an interpreter/transliterator with intermediate skills scoring 71-80 percent of the total possible points. This interpreter has demonstrated competency in all areas of interpreting and transliterating; however, it shall not be assumed that a Class C interpreter is capable of handling any and all situations. Critical medical and legal assignments shall be performed by Class A or 8:8 NORTH CAROLINA REGISTER July 15, 1993 653 PROPOSED RULES N.R.I.D. certified interpreters who have training and experience in these critical areas. {e) (iii) "Class B" is an interpreter/transliterator with comprehensive skills scoring 81-90 percent of the total possible points. This interpreter has demonstrated a high level of competency in all areas of interpreting and transliterating and has shown the ability to accurately convey most of the subtleties of emotion, in addition to concepts. fd) (i v) "Class A" is an interpreter/transliterator with advanced skills scoring the highest possible 91-100 percent of the total possible points. This interpreter has demonstrated the highest level of competency in all areas of interpreting and transliterating and has shown the ability to accurately convey all aspects of the spoken or signed message including nuances of emotion, content and intricate concepts. Class A interpreters with proven expertise or training shall be used in critical situations. This interpreter is qualified for G.S. 8B-6 assignments. £BJ NCICS-E: D) "Class Novice" is a two year temporary classification indicating the interpreter/transliterator exhibited only the minimal entry level skills necessary for becoming classified achieving 61- 70 percent of the total possible points. This interpreter shall only be assigned to slow paced, small group or individual situations in which there is an opportunity to preview the material and/or stop the speaker for clarification. This interpreter shall not under any circumstances accept or be placed in any assignment which could be considered critical (e.g., counseling sessions, achievement or psychological testing, medical emergencies.) Ever effort should be made to provide this person with a mentor who holds an "A" classification from the NCICS-C. "Advanced" classification from the NCICS-E, or certification from the National Registry of Interpreters for the Deaf. Iii) "Class Beginner" i_s an interpreter/transliterator with intermediate skills, scoring 71-80 percent of the total possible points. This interpreter has demonstrated proficiency in interpreting and transliterating; however, it shall not be assumed that a "Beginner" Classified interpreter is capable of handling any and all situations. Caution should be applied when considering highly technical material and critical out-of-class situations such as counseling sessions or psychological testing situations. A n interpreter/transliterator with this level should be able to competently handle situations in which there is an opportunity to stop the student or professional for clarification or repetition. (iii) "Class Intermediate" is an interpreter with comprehensive skills scoring 81-90 percent of the total possible points. This interpreter has demonstrated a high level of competency in most areas of interpreting and transliterating and has shown the ability to accurately convey most of the subtleties of emotion, in addition to concepts. This interpreter is qualified to handle most classroom situations with prior experience and some counseling and testing situation. An interpreter with this level should be able to effectively handle difficult, faster- paced communication where there may or may not be an opportunity to stop for clarification or repetition. (iv) "Class Advanced" \_s an interpreter/transliterator with advanced skills scoring the highest possible 91-100 percent of the total possible points. This interpreter has demonstrated the 654 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES highest level of competency in all areas of interpreting and transliterating and has shown the ability to accurately convey all aspects of the spoken or signed message including nuances of emotion, content and intricate concepts. An "Advanced" Classification is recommended for interpreting in counseling sessions, medical emergencies and psychological testing situation. An interpreter with this level can proficiently handle a full range of complex communication situations occurring in an educational environment. (5) All candidates shall receive written notification of their results within 30 45 calendar days of the date of their classification session. (6) Candidates who do not exhibit skills at the minimum Class Trainee or Novice Class level may reapply for classification 60 calendar days after receipt of the results of their previous classification session. £b] f?) All candidates receiving classification from the N.C.I.C.S. shall have the option of having their names, phone numbers and addresses or their names only printed in the North Carolina Interpreter Directory. This Directory shall provide a reference for all consumers of interpreters. It shall also be a reference for all agencies who must meet the requirements of hiring only qualified interpreters as set forth in G.S. 8B-6. (c) t%) Interpreters who hold national certification from the N.R.I.D., ef Class A, or Class Advanced level from the N.C.I.C.S. with proven experience in the respective area they are being called to interpret are qualified interpreters for the purpose of meeting requirements of G.S. 8B-6. Statutory Authority G.S. 8B-1(3); 8B-6; 143B-216.33. .0307 REVIEW AND APPEAL OF CLASSIFICATION DECISIONS (a) There shall be two bases upon which individuals may request a review of their classification: evaluator conduct and classification scoring. (1) {b) Evaluator Conduct. Evaluators are expected to conduct evaluations in a professional manner which will include but is not limited to: (4-A) refraining from discussion of the candidate before, during and after the classification process; (3B) maintaining alertness and attentiveness during the classification process; (3C) refraining from the display of any behavior which would negatively or positively influence the candidate; and (4D) maintaining confidentiality of all testing materials. (2) Classification Scoring, Results of NCICS candidate's performance are disputed due to dissatisfaction with the results awarded by the classification team. (eb) Requests for Informal Reviews. Applicants who are dissatisfied with their classification because of evaluator misconduct or classification scoring may request an informal review of their classification. The request shall be a written request sent to the State Coordinator within 30 calendar days of the applicant's receipt of the classification results. The request shall indicate whether it is based on evaluator misconduct or classification scoring. (1) If the request is based on evaluator misconduct, the nature of the evaluator's misconduct shall be specified. (2) If the request is related to classification scoring, the applicant shall: (A) Request a private viewing of the videotaped performance at the mutual convenience of the NCICS candidate and the NCICS State Coordinator. This meeting must be requested in writing not more than 30 calendar days after the applicant's receipt of classification results. This meeting shall be conducted at the administrative offices of the Division. (B) Should the candidate after viewing the videotaped performance remain dissatisfied with the results due to classification scoring, the candidate shall request a review of the videotaped classification by a classification review team. (dc) Review of Evaluator Conduct. If an applicant has requested an informal review that involves evaluator conduct, the State Coordinator shall conduct an investigation of the alleged misconduct and provide a written response to the 8:8 NORTH CAROLINA REGISTER July 15, 1993 655 PROPOSED RULES applicant within 45 calendar days of the Division's receipt of the request. The State Coordinator may request one additional 45-calendar-day extension from the Division Director if additional time is needed to conduct the investigation. (ed) Review of Classification Scoring: (1) If an applicant has requested a review of the videotaped classification, the State Coordinator shall appoint a classification review team composed of three members of whom at least one shall be hearing and one hearing-impaired. (2) The applicant shall have the right to reject participation of any classification review team member if the applicant can show that there is a conflict of interest or other situation that might impair the objectivity of the team member. (3) If the classification level resulting from the review team's classification is the same as that of the original classification team, the original classification level shall be accepted. If a different classification level is selected, the applicant shall be allowed to retest without any waiting period. (4) The State Coordinator shall provide the applicant a written response regarding the review team's scoring within 60 90 calendar days of the Division's receipt of the request. The State Coordinator may request one 50 45-calendar-day extension from the Division Director if additional time is needed to conduct the review. (fe) Appeals Hearing. An applicant who remains dissatisfied with the results of the informal review may request an appeals hearing according to the procedures in G.S. 150B, Article 3, and 10 NCAC IB .0200. The request must be submitted within the time specified in G.S. 150B-23(f)- The Division Director shall make the final agency decision in the appeal. Statutory Authority G.S. 8B-1(3); 8B-6; 143B-216.33; 150B, Article 3. .0308 MAINTENANCE OF CLASSIFICATIONS (a) All classifications shall be valid for two years and all except that of Trainee and Novice Class may be renewed provided the candidate presents evidence of skill maintenance. (b) N.R.I.D. certified individuals shall be expected to meet the maintenance requirements in order to continue to be recognized as qualified interpreters until such time the NRID has imple-mented a maintenance of certification program . (c) Skill maintenance shall be determined based upon the awarding of points. A total of 40 points shall be required for renewal of classification. A minimum of 10 of these points shall be earned from documented interpreter experience and a minimum of 10 points shall be earned from profes-sional training . The Division shall award points as follows: ( 1 ) one point for each ten hours of inter-preting experience. (2) one point for each one hour of training approved by the Division which is oriented toward enhancement of inter-preting practice, values and knowledge. Training which shall be recognized by the Division includes may include : (A) continuing education courses, (B) workshops, (C) seminars, (D) conferences, (E) lectures, (F) post secondary courses, (G) interpreter evaluation team participa-tion. (d) The candidate for reclassification shall submit evidence of skill maintenance to the State Coordinator at least 30 days before expiration of classification. (e) Forms for documentation of classification maintenance shall be available at any office of the Division. Statutory Authority G.S. 8B-1(3); 8B-6; 143B-216.33. .0309 RECIPROCITY Classification shall be granted without direct evaluation of skills by the following methods: (1) Individuals who hold a certification from a certifying body of another state may apply for a temporary classification under the N.C.I.C.S. The State Coordinator shall determine the level of reciprocity for each applicant on a case-by-case basis. The State Coordinator shall determine as accurately as possible the equivalency of the North Carolina interpreter classification to that which the applicant holds and shall award reciprocity one class lower than the 656 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES equivalency. Individuals shall make application to take the North Carolina interpreter classification within one year of being granted reciprocity. (2) Individuals holding nntional certification a Certificate of Interpretation and/or a Certification of Transliteration from N.R.I.D. shall be recognized under the N.C.I.C.S. system as having a correlative relationship with the Class A level and/or Class Advanced respectively . Statutory Authority 143B-216.33. G.S. 8B-1(3); 8B-6; TITLE 11 - DEPARTMENT OF INSURANCE Notice is hereby given in accordance with G.S. 150B-21.2 that the N. C. Department of Insurance intends to amend rule cited as 11 NCAC 16 .0302. 1 he proposed effective date of this action is October 1, 1993. Instructions on How to Demand a Public Hearing (must be requested in writing within 15 days of notice): A request for a public hearing must be made in writing, addressed to Ellen K. Sprenkel, N. C. Department of Insurance, P. O. Box 26387, Ra-leigh, NC 27611. This request must be received within 15 days of this notice. Reason for Proposed Action: To clarify current language. Lsomment Procedures: Written comments may be sent to Walter James, Actuarial Services, P.O. Box 26387, Raleigh, NC 27611. Anyone having ques-tions may call Walter James at 919-733-3284 or Ellen Sprenkel at 919-733-4529. CHAPTER 16 - ACTUARIAL SERVICES DIVISION SECTION .0300 - SMALL EMPLOYER GROUP HEALTH INSURANCE .0302 RESTRICTIONS ON PREMIUM RATES (a) Each class of business shall have its own rate manual. The rate manual will be used to: (1) Audit the actuarial certification with regards to the relationship of one em-ployer group to the others within a class; and (2) Determine compliance with the relation-ship of one class to the other classes. (b) The requirement in G.S. 58-50- 130(b) (2) that within a class the premium rates charged during a rating period to small employers shall not vary from the index rate by more than 35 percent shall be met as follows: (1) The carrier shall calculate for each class of business, using the rate manual for that class, an index rate for each plan of benefits and for each small employer census within that class of business. (2) For each small employer within a given class of business, the carrier shall cal-culate the ratio of the premium rate charged the small employer during the rating period to the index rate for the census, plan of benefits, and class of business of that small employer calcu-lated in Subparagraph ( 1 ) of this Para-graph. (3) The ratio calculated in Subparagraph (2) of this Paragraph shall be between .65 and 1.35, inclusive. Other methods may be used if the results, using the method in this Paragraph, meet the require-ments of this Rule. (c) The requirement in G.S. 58-50-130(b)(l)that the index rate for a rating period for any class of business shall not exceed the index rate for any other class of business by more than 25 percent shall be met as follows: (1) The carrier shall define a representative census of its business and a representa-tive actuarially equivalent plan of bene-fits. (2) The carrier shall calculate an index rate based upon Subparagraph (1) of this Paragraph for each class of business. (3) The carrier shall identify the class of business with the lowest index rate. (4) The ratio of the index rate calculated for each class of business in Subpara-graph (2) of this Paragraph to the low-est index rate identified in Subpara-graph (3) of this Paragraph shall be between 1.00 and 1.25, inclusive. Any change in the representative census or repre-ss NORTH CAROLINA REGISTER July 15, 1993 657 PROPOSED RULES sentative actuarially equivalent plan of benefits used in Subparagraphs (1) through (4) of this Paragraph shall be specifically documented and the test must be performed on both the previous and new census or actuarially equivalent plan of benefits at the time of change; and the results of both tests shall be disclosed within the annual actuarial certification filing. Other methods may be used if the results, using the method in this Paragraph, meet the requirements of this Rule. (d) The acceptability of a proposed rate increase for a small employer for health benefit plans that satisfy Paragraphs (b) and (c) of this Rule, issued on or after January 1. 1992. shall be determined as follows: ( 1 ) Calculate a new business premium rate for the new rating period using the rate manual, the actual census and plan of benefits for the small employer at the beginning of the new rating period. (2) Calculate a now business premium rate for the prior rating period using the rate manual, the actual census and plan of benefits for the small employer at the beginning of the prior rating period. (3) Divide Subparagraph (1) of this Para-graph by Subparagraph (2) of this Paragraph and multiply this quotient by the gross premium in effect at the beginning of the prior rating period. This product is the maximum renewal premium for the new rating period associated with G.S. 58-50- 130(b)(3)a and G.S. 58-50-130(b)(3)c. (4) Subparagraph (3) of this Paragraph may be adjusted by a percentage of the gross premium in force before renewal. This percentage shall not exceed 15 percent per year prorated for the months elapsed between the previous and the new rating dates. (5) Multiply Subparagraph (3) of this Para-graph by one plus the percentage in Subparagraph (4) of this Paragraph. The maximum renewal gross premium is Subpara-graph (5) of this Paragraph if Paragraph (b) of this Rule is satisfied. If the resulting maximum renew-al gross premium calculated in Subparagraph (5) of this Paragraph does not satisfy Paragraph (b) of this Rule, then the maximum renewal gross premi-um shall be adjusted until Paragraph (b) of this Rule is satisfied. Other methods may be used if the results, using the method in this Paragraph, meet the requirements of this Rule. (e) The acceptability of a proposed rate increase for a small employer for health benefit plans that exceed the limits in Paragraphs (b) and (c) of this Rule and were issued before January 1, 1992, shall be determined as follows: (1) Calculate a new business premium rate for the new rating period using the rate manual, the actual census and plan of benefits for the small employer at the beginning of the new rating period. (2) Calculate a new business premium rate for the prior rating period using the rate manual, the actual census and plan of benefits for the small employer at the beginning of the prior rating period. (3) Divide Subparagraph (1) of this Para-graph by Subparagraph (2) of this Paragraph and multiply this quotient by the gross premium in effect at the beginning of the prior rating period. This product is the maximum renewal premium for the new rating period associated with G.S. 58-50- 130(b)(7)a and G.S. 58-50-130(b)(7)b. The maximum renewal gross premium in Subpara-graph (3) of this Paragraph is not subject to Para-graphs (b) and (c) of this Rule during a three-year transition period ending January 1, 1995. After January 1, 1995, the acceptability of a proposed rate increase for a small employer shall be based only on Paragraph (d) of this Rule. Other methods may be used if the results, using the method in this Paragraph, meet the requirements of this Rule. Statutory Authority G.S. 58-2-40; 58-50-1 30(b). TITLE 15A - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES Notice is hereby given in accordance with G.S. 150B-21.2 that the EHNR - Environmental Man-agement Commission intends to amend rules cited as 15A NCAC2B .0305, .0308, .0315 and .0316. 1 he proposed effective date of this action is December 1, 1993. Instructions on How to Demand a Public Hearing (must be requested in writing within 15 days of notice): Any person requesting that the Environ-mental Management Commission conduct a public hearing on any of these proposed amendments must submit a written request to Suzanne Keen, 658 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES Division of Environmental Management, Water Quality, P.O. Box 29535, Raleigh, NC 27626- 0535 by August 1 , 1993. The request must specify which rule the hearing is being requested on. Mailed written requests must be postmarked no later than August 1, 1993. Reason for Proposed Action: To amend the surface water quality classifications of specific waters across the state to protect their primary recreational uses. Ksomment Procedures: All persons interested in these proposed amendments are encouraged to submit written comments. Comments must be postmarked by August 16, 1993 and submitted to Suzanne Keen, Division ofEnvironmental Manage-ment, Water Quality, P.O. Box 29535, Raleigh, NC 27626-0535. CHAPTER 2 - ENVIRONMENTAL MANAGEMENT SUBCHAPTER 2B - SURFACE WATER STANDARDS: MONITORING SECTION .0300 - ASSIGNMENT OF STREAM CLASSIFICATIONS .0305 WATAUGA RIVER BASIN (a) Places where the schedule may be inspected: (1) Clerk of Court: Avery County Watauga County (2) North Carolina Department of Environ-ment, Health, and Natural Resourcesi Asheville Regional Office Interchange Building 59 Woodfin Place Asheville, North Carolina (b) Unnamed Streams. Such streams entering the State of Tennessee are classified "C." (c) The Watauga River Basin Schedule of Classifications and Water Quality Standards was amended effective: (1) August 12, 1979; (2) February 1, 1986; (3) October 1, 1987; (4) August 1, 1989; (5) August 1, 1990; (6) December 1, 1990; (7) April 1, 1992; (8) August 3, 1992; (9) February 1, 1993; (10) December 1, 1993. (d) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin was amended effective July 1, 1989 as follows: (1) Dutch Creek (Index No. 8-11) was reclassified from Class C-trout to Class B-trout. (2) Pond Creek (Index No. 8-20-2) from water supply intake (located just above Tamarack Road) to Beech Creek and all tributary waters were reclassified from Class WS-III to C. (e) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin was amended effective December 1, 1990 with the reclassification of the Watauga River from the US Highway 321 bridge to the North Carolina/Tennessee state line from Class C to Class B. (f) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin was amended effective April 1, 1992 with the reclassification of Pond Creek from Classes WS-III and C to Classes WS-III Trout and C Trout. (g) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effec-tive on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. (h) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin has been amended effective February 1, 1993 with the reclassification of Boone Fork (Index No. 8-7) and all tributary waters from Classes C Tr HQW and C HQW to Classes C Tr ORW and C ORW. £i) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin has been amended effective December 1^ 1993 with the reclassification of the Elk River from Peavine Branch to the North Carolina/Tennessee state line rindex No. 8-22-(3)l from Class C Tr to Class B 8:8 NORTH CAROLINA REGISTER July 15, 1993 659 PROPOSED RULES Tr. Statutory Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). .0308 CATAWBA RIVER BASIN (a) Places where the schedules may be inspect-ed: (1) Clerk of Court: Alexander County Avery County Burke County Caldwell County Catawba County Gaston County Iredell County Lincoln County McDowell County Mecklenburg County Union County Watauga County (2) North Carolina Department of Environ-ment, Health, and Natural Resources: (A) Mooresville Regional Office 919 North Main Street Mooresville, North Carolina (B) Asheville Regional Office Interchange Building 59 Woodfin Place Asheville, North Carolina (b) Unnamed Streams. Such streams entering South Carolina are classified "C". (c) The Catawba River Basin Schedule of Classi-fications and Water Quality Standards was amend-ed effective: (1) March 1, 1977; (2) August 12, 1979; (3) April 1, 1982; (4) January 1, 1985; (5) August 1, 1985; (6) February 1, 1986; (7) March 1, 1989; (8) May 1, 1989; (9) March 1, 1990; (10) August 1, 1990; (11) August 3, 1992; (12) December 1, 1993. (d) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective March 1, 1989 as follows: (1) Wilson Creek (Index No. 11 -38-34) and all tributary waters were reclassified from Class B-trout and Class C-trout to Class B-trout ORW and Class C-trout ORW. (e) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective May 1, 1989 as follows: (1) Henry Fork [Index Nos. 11-129-1-(1) and 11-1 29- 1 -(2)] from source to Laurel Creek, including all tributaries, were reclassified from Class WS-I, C and C trout to Class WS-I ORW, C ORW and C trout ORW, except Ivy Creek and Rock Creek which will remain Class C trout and Class C. (2) Jacob Fork [Index Nos. 1 1-129-2- (1) and 1 1-129-2-(4)] from source to Camp Creek, including all tributaries, were reclassified from Class WS-III trout and WS-III to WS-III trout ORW and WS-III ORW. (f) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective March 1, 1990 as follows: (1) Upper Creek [Index No. ll-35-2-(l)] from source to Timbered Branch including all tributaries except Timbered Branch (Index No. 1 1-35-2-9) was reclassified from Class C Trout to Class C Trout ORW. (2) Steels Creek [Index No. 1 1-35-2-12(1)] from source to Little Fork and all tributaries was reclassified from Class C Trout to Class C Trout ORW. (g) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. (h) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective December 1^ 1993 as follows: (1} Friday Lake rindex No. 1 1-125.51 from its source to Little Paw Creek was reclassified from Class C to Class B. 121 The Linville River rindex No. 12-29- 660 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES (1)1 from Grandmother Creek to Linville Falls was reclassified from Class C Tr to Class B Tr. Statutory Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). .0315 NEUSE RIVER BASIN (a) Places where the schedule may be inspected: (1) Clerk of Court: Beaufort County Carteret County Craven County Durham County Franklin County Granville County Greene County Johnston County Jones County Lenoir County Nash County Orange County Pamlico County Person County Pitt County Wake County Wayne County Wilson County (2) North Carolina Department of Environment, Health, and Natural Resources: (A) Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina (B) Washington Regional Office 1424 Carolina Avenue Washington, North Carolina (C) Wilmington Regional Office 127 Cardinal Drive Wilmington, North Carolina (b) The Neuse River Basin Schedule of Classification and Water Quality Standards was amended effective: (1) March 1, 1977; (2) December 13, 1979; (3) September 14, 1980; (4) August 9, 1981; (5) January 1, 1982; (6) April 1, 1982; (7) December 1, 1983; (8) January 1, 1985; (9) August 1, 1985; (10) February 1, 1986; (11) May 1, 1988; (12) July 1, 1988; (13) October 1, 1988; (14) January 1, 1990; (15) August 1, 1990; (16) December 1, 1990; (17) July 1, 1991; (18) August 3, 1992; (19) December 1, 1993. (c) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin has been amended effective July 1, 1988 as follows: (1) Smith Creek [Index No. 27-23-(l)] from source to the dam at Wake Forest Reservoir has been reclassified from Class WS-III to WS-I. (2) Little River [Index No. 27-57-(l)] from source to the N.C. Hwy. 97 Bridge near Zebulon including all tributaries has been reclassified from Class WS-III to WS-I. (3) An unnamed tributary to Buffalo Creek just upstream of Robertson's Pond in Wake County from source to Buffalo Creek including Leo's Pond has been reclassified from Class C to B. (d) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin has been amended effective October 1, 1988 as follows: (1) Walnut Creek (Lake Johnson, Lake Raleigh) [Index No. 27-34-(l)]. Lake Johnson and Lake Raleigh have been reclassified from Class WS-III to Class WS-III & B. (2) Haw Creek (Camp Charles Lake) (Index No. 27-86-3-7) from the backwaters of Camp Charles Lake to dam at Camp Charles Lake has been reclassified from Class C to Class B. (e) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin has been amended effective January 1, 1990 as follows: (1) Neuse-Southeast Pamlico Sound ORW Area which includes all waters within a line beginning at the southwest tip of Ocracoke Island, and extending north west along the Tar-Pamlico River Basin and Neuse River Basin boundary line to Lat. 35° 06' 30", thence in a southwest direction to Ship Point and all tributaries, were reclassified from Class SA NSW to Class SA NSW ORW. (2) Core Sound (Index No. 27-149) from northeastern limit of White Oak River Basin (a line from Hall Point to Drum 8:8 NORTH CAROLINA REGISTER July 15, 1993 661 PROPOSED RULES Inlet) to Pamlico Sound and all tributaries, except Thorofare, John Day Ditch were reclassified from Class SA NSW to Class SA NSW ORW. (f) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective December 1, 1990 with the reclassification of the following waters as described in (1) through (3) of this Paragraph. (1) Northwest Creek from its source to the Neuse River (Index No. 27-105) from Class SC Sw NSW to Class SB Sw NSW; (2) Upper Broad Creek [Index No. 27-106-(7)] from Pamlico County SR 1103 at Lees Landing to the Neuse River from Class SC Sw NSW to Class SB Sw NSW; and (3) Goose Creek [Index No. 27-107-fl 1)] from Wood Landing to the Neuse River from Class SC Sw NSW to Class SB Sw NSW. (g) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective July 1, 1991 with the reclassification of the Bay River [Index No. 27-150-0)] within a line running from Flea Point to the Hammock, east to a line running from Bell Point to Darby Point, including Harper Creek, Tempe Gut, Moore Creek and Newton Creek, and excluding that portion of the Bay River landward of a line running from Poorhouse Point to Darby Point from Classes SC Sw NSW and SC Sw NSW HQW to Class SA NSW. (h) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100. .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. (i) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective December 1, 1993 as follows: Hi Lake Crabtree rindex No. 27-33-0)1 was reclassified from Class C NSW to Class B NSW. (2) The Eno River from Orange County State Road 1561 to Durham County State Road 1003 rindex No. 27-10-06)1 was reclassified from Class WS-IV NSW to Class WS-IV&B NSW. (3) Silver Lake [Index No. 27-43-51 was reclassified from Class WS-III NSW to Class WS-HI&B NSW. Statutory Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). .0316 TAR-PAMLICO RIVER BASIN (a) Places where the schedule may be inspected: (1) Clerk of Court: Beaufort County Dare County Edgecombe County Franklin County Granville County Halifax County Hyde County Martin County Nash County Pamlico County Person County Pitt County Vance County Warren County Washington County Wilson County (2) North Carolina Department of Environment, Health, and Natural Resources: (A) Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina (B) Washington Regional Office 1424 Carolina Avenue Washington, North Carolina (b) Unnamed Streams. All drainage canals not noted in the schedule are classified "C Sw," except the main drainage canals to Pamlico Sound and its bays which will be classified "SC." (c) The Tar-Pamlico River Basin Schedule of Classification and Water Quality Standards was amended effective: (1) March 1, 1977; (2) November 1, 1978; (3) June 8, 1980: (4) October 1, 1983; (5) June 1, 1984; 662 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES (6) August 1, 1985; (7) February 1, 1986; (8) August 1, 1988; (9) January 1, 1990; (10) August 1, 1990; (11) August 3, 1992; (12) December 1, 1993. (d) The Schedule of Classifications and Water Quality Standards for the Tar-Pamlico River Basin has been amended effective August 1, 1988 as follows: (1) Tar River (Index No. 28-94) from a point 1.2 miles downstream of Broad Run to the upstream side of Tranters Creek from Class C to Class B. (e) The Schedule of Classifications and Water Quality Standards for the Tar-Pamlico River Basin has been amended effective January 1 , 1990 by the reclassification of Pamlico River and Pamlico Sound [Index No. 29-(27)] which includes all waters within a line beginning at Juniper Bay Point and running due south to Lat. 35° 18' 00", long. 76° 13' 20", thence due west to lat. 35° 18' 00", long 76° 20' 00", thence northwest to Shell Point and including Shell Bay, Swanquarter and Juniper Bays and their tributaries, but excluding the Blowout, Hydeland Canal, Juniper Canal and Quarter Canal were reclassified from Class SA and SC to SA ORW and SC ORW. (f) The Schedule of Classifications and Water Quality Standards for the Tar-Pamlico River Basin has been amended effective January 1, 1990 by adding the supplemental classification NSW (Nutri-ent Sensitive Waters) to all waters in the basin from source to a line across Pamlico River from Roos Point to Persimmon Tree Point. (g) The Schedule of Classifications and Water Quality Standards for the Tar-Pamlico River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effec-tive on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. (h) The Schedule of Classifications and Water Quality Standards for the Tar-Pamlico River Basin was amended effective December 1^ 1993 with the reclassification of Blounts Creek from Herring Run to Blounts Bay flndex No. 29-9-1 -(3)1 from Class SC NSW to Class SB NSW. Statutory Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Wildlife Re-sources Commission intends to amend rules cited as 15A NCAC 10F .0102 - .0103, .0301. 1 he proposed effective date of this action is October 1, 1993. A he public hearing will be conducted at 10:00 a.m. on August 2, 1993 at the Archdale Building, Room 332, 512 N. Salisbury Street, Raleigh, NC 27604-1188. K.eason for Proposed Action: 15A NCAC 10F .0102 - .0103 - To extend the temporary certificates of number for vessels from 30 days to 60 days. ISA NCAC 10F .0301 - To require designated suitable agencies to obtain written permission prior to marking a duly established no-wake zone. Lsomment Procedures: Interested persons may present their views either orally or in writing at the hearing. In addition, the record of hearing will be open for receipt of written comments from July 15, 1993 to August 14, 1993. Such written comments must be delivered or mailed to the N. C. Wildlife Resources Commission, 512 N. Salisbury Street, Raleigh, NC 27604-1188. CHAPTER 10 - WILDLIFE RESOURCES AND WATER SAFETY SUBCHAPTER 10F - MOTORBOATS AND WATER SAFETY SECTION .0100 - MOTORBOAT REGISTRATION .0102 APPLICATION FOR CERTIFICATE OF NUMBER 8:8 NORTH CAROLINA REGISTER July 15, 1993 663 PROPOSED RULES (a) General : (1) Except as provided in Subparagraph (2) of this Paragraph, the owner of any motorboat principally used in the State of North Carolina shall, prior to its use, apply for a certificate of number on an official application form provided by the Wildlife Resources Commission. (2) Motorboats owned by the United States, a state, or a subdivision thereof are exempt from required numbering, but may be numbered under the provisions of Rule .0104(a)(5) of this Section. Motorboats owned and operated by non-profit rescue squads are required to be numbered, but if they are operated exclusively for rescue purposes, includ-ing rescue training, they may be num-bered without charge as by a govern-mental entity as provided by Rule .0104 (a)(5) of this Section. (3) Pending receipt of a regular certificate of number, a motorboat may be operat-ed for not more than 50 60 days under a temporary certificate of number. (See Rule .0103 of this Section) (4) Application forms may be obtained by applying to the Wildlife Resources Commission at the address shown in Subparagraph (a)(5) of this Rule, to any boat dealer or boat manufacturer who is qualified as an agent for the purpose of issuing temporary certificates of num-ber [See Rule .0103(d) of this Section], or to any North Carolina certified hunting and fishing license agent. (5) The completed application shall be forwarded to: Motorboat Registration Section, Wildlife Resources Commis-sion, Archdale Building, 512 North Salisbury Street, Raleigh, North Caroli-na 27611. (b) Individual Owners. The application shall contain the following information: ( 1 ) name of owner; (2) address of owner, including zip code; (3) date of birth of owner; (4) citizenship of owner; (5) state of principal use of vessel; (6) present or previous boat number (if any); (7) desired period of registration (one or three years); (8) use of vessel (pleasure, livery, demon-stration, commercial passenger, com-mercial fishing, other); (9) make of vessel (if known); (10) year of manufacture or model year (if known); (11) manufacturer's hull identification num-ber (if any); (12) overall length of vessel; (13) type of vessel (open, cabin, house, other); (14) hull material (wood, steel, aluminum, fiberglass, plastic, other); (15) type of propulsion (inboard, outboard, inboard-outdrive, sail, and engine make if available); (16) type of fuel (gasoline, diesel, other); (17) certification of ownership; (18) signature of owner. (c) Livery Motorboat Owners. The registration and numbering requirements of this Section shall apply to livery motorboats, except that in any case where the motor is not rented with the vessel, the description of the motor and type of fuel may be omitted from the application. (d) Dealers and Manufacturers (1) The registration and numbering require-ments of this Section shall apply to dealers in and manufacturers of motor-boats. (2) Application for a certificate of number shall be made on the approved applica-tion form prescribed in this Regulation. Dealers and manufacturers shall certify that they are dealers or manufacturers, whichever the case may be. (3) The application, accompanied by a fee of five dollars and fifty cents ($5.50), or thirteen dollars ($13.00) in check or money order as appropriate in accor-dance with the provisions of Subpara-graph (2) of Paragraph (a) of this Rule, shall be forwarded to the address stated in this Rule. [see Subparagraph .0102(a)(5) of this Rule]. (4) Upon receipt by the Wildlife Resources Commission of a properly completed application and fee, it shall issue to the applicant a dealer's or manufacturer's certificate of number as appropriate, which may be used in connection with the operation of any motorboat in the possession of such dealer or manufacturer, when the boat is being used for demonstrative purposes. Additional dealers' or manufacturers' certificates of number may be obtained 664 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES > ) I by making application in the same manner as prescribed for the initial certificate with payment of an additional fee of five dollars and fifty cents ($5.50), or thirteen dollars ($13.00) in check or money order as appropriate in accordance with the provisions of Subparagraph (2) of Paragraph (a) of this Rule, for each additional certificate. (5) Dealers and manufacturers have the option of registering individual motorboats on a permanent basis under the provisions of Paragraph (b) of this Rule. (6) A "manufacturer" as the term is used in these regulations is defined as a person, firm, or corporation engaged in the business of manufacturing vessels either upon prior commission or for the purpose of selling them after manufacture. A "dealer" as the term is used in these regulations is defined as a person, firm, or corporation engaged in the business of offering vessels for sale at retail or wholesale from an established location or locations. Authority G.S. 75A-3; 75A-5; 75A-7; 75A-19; 33 C.F.R. 174.17. .0103 TRANSFER OF OWNERSHIP (a) Transfer Direct from One Individual Owner to Another Individual Owner (1) If the ownership of a registered motorboat is changed during the registration period, the owner shall complete the statement of transfer on the reverse side of the certificate of number, date as of the day of the transaction, sign, and deliver to the new owner. (2) The new owner shall apply for a new certificate of number on an official application form. The original number must be retained when a vessel numbered is again registered as a motorboard motorboat . (3) For 50 60 days following the transfer of ownership of a registered motorboat during the registration period, the new owner may use the certificate of number of the prior owner as a temporary certificate of number pending receipt of his own certificate; provided, the certificate is endorsed in accordance with Subparagraph (a)(1) of this Rule. In the event the transfer occurs during the 30 60 days prior to expiration of the registration period, the original certificate will still be honored up to the full period of 30 60 days as a temporary certificate even though it would otherwise have expired. Where transfer of ownership from one individual to another occurs after the expiration of the registration period, the certificate of number may not be used by the new owner. (b) Transfer of a Previously-Registered Motorboat Through a Dealer (1) The owner transferring his motorboat to a dealer during the registration period shall give the certificate of number to the dealer after dating and signing the statement of transfer on the reverse side of the certificate on the day of the transaction. (2) When the motorboat is sold by the dealer, he shall date and sign the certificate of number on the reverse side on the day of the transaction and deliver it to the new owner. (3) For a period of 30 60 days following the transfer of ownership of a registered motorboat from or through a dealer to a new owner, the new owner may use the certificate of the prior individual owner as a temporary certificate of number pending receipt of his own certificate; provided: (A) The certificate is endorsed in accordance with Subparagraphs (1) and (2) of this Paragraph. (B) The original owner endorsed the certificate to the boat dealer while it was still in force, and (C) The boat dealer's sale and endorsement occurs while the registration certificate is still in force. (4) Except as permitted above, a certificate of number may not be used after the expiration of the registration period. (c) Transfer of an Individually-Registered Motorboat by a Dealer or Manufacturer. Motorboats individually numbered by dealers or manufacturers shall upon transfer of ownership be governed by the provisions of Paragraph (a) of this Rule. (d) Temporary Certificate of Number 8:8 NORTH CAROLINA REGISTER July 15, 1993 665 PROPOSED RULES (1) Upon acquisition of a motorboat not previously numbered or a motorboat the registration of which has expired, the new owner may transmit with his application for the regular certificate of number a request for a temporary certificate of number. The request must state the date the vessel was acquired by the applicant. For a period not exceeding 30 60 days following the date of acquisition, the motorboat may be operated on the temporary certificate of number pending receipt of the regular certificate from the Wildlife Resources Commission. (2) In order to make temporary certificates of number available locally within the State, boat dealers and manufacturers who conduct business from established locations in North Carolina may be designated agents of the Wildlife Resources Commission for the purpose of issuing temporary certificates of motorboat number. To qualify as an agent for this purpose, such dealer or manufacturer must enter into a written agreement with the Wildlife Resources Commission by which he assumes responsibility for conducting the boat registration agency as a public service and in strict compliance with these regulations. Upon approval and ratification of such agreement by the Executive Director or his designee, the agent will be furnished with a supply of the temporary certificate forms together with forms for use in applying for the regular certificate of motorboat number. The forms for temporary certificate of number are serially numbered and are prepared in triplicate so as to provide an original (Part 1) and two copies (Parts 2 and 3). (3) The A boat registration agency fer issuing temporary certificates of motorboat number shall be conducted in accordance with the following requirements and restrictions: (A) The temporary certificates of number shall be issued without charge. (B) There shall be no substitute for the printed form of certificate supplied by the Wildlife Resources Commission. No agent shall issue any other writing purporting to authorize the use of an unregistered motorboat. (C) The certificates shall be issued consecutively in the order in which they are serially numbered, beginning with the lowest number. (D) When the vessel has been acquired from a source other than the agent, a temporary certificate of number shall not be issued unless and until the owner produces a bill of sale or other memorandum of transfer which identifies the vessel and which has been dated, signed and acknowledged by the transferor before a notary public or other officer authorized to take acknowledgements. (E) All information called for on the temporary certificate of number shall be properly entered in the spaces provided, including the date of expiration of the certificate which shall be the 30th 60th day following the date of acquisition of the vessel by the owner. (F) The temporary certificate must be signed by the owner. The agent shall deliver to the owner Part 1 of the certificate and a form with which to apply for the regular certificate of number. (G) Within 30 days following the issuance of a temporary certificate of number, the agent shall transmit Part 2 thereof to the Wildlife Resources Commission at the address indicated in Rule .0102(a)(5) of this Section. If a bill of sale or other memorandum of transfer has been required, the original or a copy thereof shall be attached to the commi ss ion' s Commission's copy of the temporary certificate of number. (H) The agent shall retain Part 3 of the temporary certificate of number for a period of at least one year and shall permit inspection thereof during business hours by any law enforcement officer or authorized personnel of the commi ss ion Commission . (I) No agent shall knowingly issue more than one temporary certificate of number for the same vessel during any calendar year. (J) No agent shall assume responsibility 666 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES * > I for making application for a regular certificate of motorboat number on behalf of any owner. (K) Upon termination of ae a boat registration agency te — issue which issues temporary certificates of motorboat number, all copies (Parts 3) of such certificates theretofore issued and all unused forms for temporary certificates of number then remaining in possession of the terminated agency shall be delivered to the Wildlife Resources Commission or to a commission Commission employee. (4) Ah A boat registration agency fef i ssuing which issues temporary certificates of motorboat number, being a mutual and voluntary undertaking, may be terminated at any time, with or without cause, by either party thereto by giving a notice of such termination to the other party. (5) Every owner of a motorboat who obtains a temporary certificate of number from a local agent as provided by this Section shall, not later than 24 hours thereafter, transmit his application for the regular certificate of motorboat number, together with the appropriate fee, to the Wildlife Resources Commission at the address indicated in Rule .0102(a)(5) of this Section. (6) In order to be valid, the temporary certificate of boat number must contain the following: (A) full name and address of issuing agent; (B) full name and address of purchaser, including zip code; (C) previous registration number, if any (if none, so state); (D) state of principal use of vessel; (E) make of vessel; (F) length in feet; (G) hull material; (H) kind of propulsion; (I) date of purchase of boat; (J) date of application for regular certificate of number; (K) expiration date of temporary certificate; (L) signature of purchaser. (7) Temporary certificates of number can be issued by boat registration agents when certificates of number requiring corrections other than address or name changes are presented for renewal or when the agent finds that an error has been made in validating the certificate of number. Agents issuing temporary certificates of number under this section must comply with 15A NCAC 10G .0204(c)(5). (e) Demonstration and Use of Vessels Held by Dealers (1) Demonstration of registered motorboats held by dealers for sale may be with the use of the certificate of number endorsed by the original owner so long as the registration is in force. Any dealer or any permittee of a dealer demonstrating a motorboat must utilize a set of dealer's numbers and the corresponding dealer's certificate of number on such vessel after the original certificate of number has expired. The dealer's numbers and certificate of number may, however, be used during demonstrations before the end of the registration period at the option of the dealer. In any event, where a set of dealer's numbers is used upon a previously-numbered vessel, the original numbers must be covered in accordance with Rule .0106(c) of this Section. (2) Dealers who have bought or otherwise possess motorboats for resale and who wish to operate or lend out such motorboats for more general uses than for demonstration only must have the individual motorboat registrations transferred to their names. Authority G.S. 75A-3; 75A-5; 75A-19; 33 C.F.R. 174.21. SECTION .0300 - LOCAL WATER SAFETY REGULATIONS .0301 GENERAL PROVISIONS (a) Applicability. Except as limited by the subject matter, all of the provisions of this Rule apply to all public waters located within the territorial limits of the counties and municipalities in which special regulations are set forth for specific waters or regulated areas by the succeeding rules. 8:8 NORTH CAROLINA REGISTER July 15, 1993 667 PROPOSED RULES (b) Definitions. Unless the context requires otherwise, the definitions used in Chapter 75A of the General Statutes of North Carolina apply within these regulations. In addition, the following definitions apply in these regulations: (1) Commission. North Carolina Wildlife Resources Commission; (2) Executive Director. Executive director Director of the commission Commission ; (3) No-Wake Speed. Idle speed or a slow speed creating no appreciable wake; (4) Uniform System. Uniform Waterway Marking System and the supplementary standards for such system promulgated by the commission Commission . (c) Marking of Regulated Areas. The Executive Director may designate agencies for placement and maintenance of markers for regulated areas established by rules promulgated pursuant to this Section. The agency designated by the Executive Director may delegate the actual placement and maintenance of such markers to some other agency, corporation, group or individual, so long as the designating agency exercises supervisory authority over such agency, corporation, group or individual. Prior to marking a restricted zone established pursuant to G.S. 75A-15, the designated agency for placement and maintenance of the markers must obtain written approval from the Executive Director by making a written request for permission to mark the area specifically described therein. Enforcement of the restrictions set forth in Rule .0302 et seq. of this Section is dependent upon placement and maintenance of adequate marking of the regulated areas by suitable agencies, as designated in those rules, in accordance with the requirements of the Uniform Waterway Marking System and the supplementary standards for such system promulgated by the Commission. Unless a specific variance is granted, placement and maintenance of the markers must be and remain in accordance with the uniform system. The Executive Director or his representative is instructed to supervise and approve placement and maintenance of individual markers to insure full implementation of the objectives of the uniform system. (d) Implementation of Uniform Waterway Marking System. Except where done by virtue of the supervening federal authority, it is unlawful for anyone to place, maintain, or to allow to remain in place, any regulatory markers or navigational aids of the sort included in the uniform system in any waters without authorization of the Commission. The Executive Director is authorized to approve placement of the navigational aids, informational markers, and regulatory markers warning of dangers and not requiring enforcement sanctions, in accordance with both public interest in recreational use and water safety and in accordance with the policies embodied in the uniform system. (e) Removal of Unauthorized Markers. Markers or navigational aids which do not conform to the specifications of the uniform system or which are placed without lawful authority or permission, where the person responsible for the actual placement cannot be feasibly determined, may be removed by agents of the Commission. Nonconforming markers as to which the person responsible for placement and maintenance is known, may nevertheless be removed by agents of the Commission if such markers are likely to mislead the public or cause a dangerous situation. Where agents of the Commission discover authorized markers which have been improperly placed or are defective through lack of maintenance, such agents may serve written notice upon the person responsible for such improper placement or for the maintenance of the marker concerned. If, within 10 days no action has been taken in accordance with the notice given, such default constitutes a violation of these regulations. (f) Miscellaneous Restrictions. Except for mooring buoys or markers as to which it is specifically permitted, it is unlawful to tie a vessel to any waterway marker. It is unlawful for any unauthorized person to move, remove, damage, obstruct, paint over, or in any way tamper with any marker lawfully placed in the waters of North Carolina in conformity with these regulations or the uniform system generally. (g) Supplementary Standards. The standards listed in this Paragraph are supplementary to the Uniform Waterway Marking System and shall be applicable as indicated in the succeeding rules of this Section to the areas of water thereby regulated: (1) The perimeter of swimming areas in the water must be marked with float lines which, in conjunction with the shoreline, form a completely enclosed area. The total enclosed area may not exceed 5,000 square feet without special permission from the Executive Director or his authorized representative. In any event, such area may not extend out into the water sufficiently as to restrict travel unduly on any regular navigational channel or 668 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES > ) > otherwise to obstruct passage of vessels in reasonably using the waters. (2) Float lines must have attached floats along their length at intervals of not less than one every 10 feet. (3) Floats must be buoyant enough to float at the surface of the water while attached to the float line, but no float may exceed a size of 18 inches as measured across its largest dimension. (4) Floats may be solid or hollow and preferably should be of plastic or other light and resilient material not likely to cause injury should one strike a swimmer in the water. (5) Floats must be either solid white or solid international orange in color. Float lines may consist of all white floats or of alternating white and orange floats. (6) Buoys or floating signs indicating the "boats-keep-out" symbol of the uniform system and in conformity with its standards must be attached to the float lines at such points as necessary to give warning to the vessels approaching the swimming area from various directions. (7) Float lines and warning markers must be anchored securely to prevent them from shifting position to any apprecia-ble extent under normal conditions. (8) All markers warning of a no-wake speed zone around certain facilities must be buoys or floating signs placed in the water at a distance of not greater than 50 yards from the protected facili-ty. The markers must be sufficient in number and size as to give adequate warning of the restriction to the vessels approaching from various directions. (9) The boundaries of mooring areas may be defined by the placement of the speed zone warning markers themselves or by such warning markers plus addi-tional boundary floats or markers that may be approved by the Executive Director or his representative. Statutory Authority G.S. 75A-3; 75A-15. TITLE 19A - DEPARTMENT OF TRANSPORTATION Jylotice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Department of Transportation intends to amend rules cited as 19 A NCAC2D .0602, .0607. 1 he proposed effective date of this action is November 1, 1993. Instructions on How to Demand a Public Hearing (must be requested in writing within 15 days of notice): A demand for a public hearing must be made in writing and mailed to N. C. Department of Transportation, P.O. Box 25201, Raleigh, NC 27611, Attn: Emily Lee. The demand must be received within 15 days of this Notice. K.eason for Proposed Action: 19A NCAC 2D .0602 - States responsibility for injury and damage for oversize permit vehicles. 19A NCAC 2D .0607 - Clarifies conditions of oversize/overweight vehicles and adds additional weight and axle information. Ksomment Procedures: Any interested person may submit written comments on the proposed rules by mailing the comments to: N. C. Department of Transportation, P.O. Box 25201, Raleigh, NC 27611 , Attn: Emily Lee, within 30 days after the proposed rule is published or until the date of any public hearing held on the proposed rule, whichev-er is longer. CHAPTER 2 - DIVISION OF HIGHWAYS SUBCHAPTER 2D - HIGHWAY OPERATIONS SECTION .0600 - OVERSIZE-OVERWEIGHT PERMITS .0602 PERMITS-ISSUANCE AND FEES (a) Permits may be issued ef for movements of loads which cannot be reasonably divided, disman-tled or disassembled, or so loaded to meet legal requirements. Permits are issued on authorized forms with appropriate designation for qualifying moves. To be valid, a permit must be signed by the permittee and carried in the towing unit while permitted load is in transit. A permit issued by the Department is not valid for travel over munici-pal streets (Defined as streets or highways not maintained by the State of North Carolina). Permitted vehicles will not travel in convoy. The 8:8 NORTH CAROLINA REGISTER July 15, 1993 669 PROPOSED RULES permittee for any oversize/overweight movement assumes all responsibility for injury to persons or damage to property of any kind and agrees to hold the Department harmless for any claims arising out of his conduct or actions. Single trip permits may include a return trip to origin if requested at the time of original issuance and the return trip can be made within the valida-tion of such permit. No single trip permit request will be issued for a time period to exceed 30 days. Annual permits (blanket) are valid 12 months from the date of issuance. City Passenger Buses which exceed the weight limits in G.S. 20-1 18(f) may be issued permits for operation on the highways of the state in the vicinity of the municipality and to qualify the vehicle for license. f4-) Single trip permits may include a return trip to origin if requested at the time of original issuance and the return trip can be made within the validation of such permit.—No single trip permit request will be issued for a time period to exceed 30 days. (3) Annual permits (blanket) are valid 12 months—from—the—date — of i ssuance. They may be i s sued for: {A) — Permitted loads up to 10' wide autho rizing travel on all roads; {&)—Up to but not to exceed a width of a 12' authorizing travel on North Caro kfra; — Interstate—and—US — highways. Provided, mobile/modular homes not to exceed a width of a 1 4 ' unit with an allowable—roof overhang not to exceed 12" may also be authorized to travel on des ignated North Carolina, Interstate and US highways. 0) City Passenger Buses which exceed the weight limits in GS 20 118(f) may be issued permits for operation on the highways of the state in th e vicinity of the — municipality—and—te — qualify the vehicle for license. (b) A fee will be collected as specified in G.S. 20-1 19(b). Only cash, certified check, money order or company check will be accepted. No personal checks will be accepted. Permittees with established credit accounts will be billed monthly for permits issued for the previous month. A4i fees collected are to be processed in accordance with DOT Field Policy Procedure Manual. Chapter 6, Section 22. Provided, the following exemptions of fees shall apply to permits i ss ued: fh For house moves; {3} For movement of farm equipment by the farmer for agricultural purposes; 0} To any agency of the United State Government; {4) The State of
Object Description
Description
Title | North Carolina register |
Date | 1993-07-15 |
Description | Vol. 8, issue 8 (July 15, 1993) |
Publisher | Raleigh, N.C. : Office of Administrative Hearings |
Digital Characteristics-A | 76 p.; 4.72 MB |
Digital Format | application/pdf |
Pres File Name-M | pubs_serial_ncregister19930715.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_serial_ncregister\images_master |
Full Text | RBfc/I^FM /7434-/.A2/^7 RECEIVED ML 19 1993 UW LIBRARY The NORTH CAROLINA REGISTER IN THIS ISSUE EXECUTIVE ORDERS PROPOSED RULES Environment, Health, and Natural Resources Foresters, Registration for Human Resources Insurance Transportation RRC OBJECTIONS RULES INVALIDATED BY JUDICIAL DECISION CONTESTED CASE DECISIONS ISSUE DATE: July 15, 1993 Volume 8 • Issue 8 • Pages 641 - 708 INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE NORTH CAROLINA REGISTER The North Carolina Register is published twice a month and contains information relating to agency, executive, legislative and judicial actions required by or affecting Chapter 150B of the General Statutes. All proposed administrative rules and notices of public hearings filed under G.S. 150B-21.2 must be published in the Register. The Register will typically comprise approximately fifty pages per issue of legal text. State law requires that a copy of each issue be provided free of charge to each county in the state and to various state officials and institutions. The North Carolina Register is available by yearly subscription at a cost of one hundred and five dollars (S105.00) for 24 issues. Individual issues may be purchased for eight dollars (S8.00). Requests for subscription to the North Carolina Register should be directed to the Office of Administrative Hearings, P. 0. Drawer 27447, Raleigh, N. C. 2761 1-7447. TEMPORARY RULES Under certain emergency conditions, agencies may issue temporary rules. Within 24 hours of submission to OAH, the Codifier of Rules must review the agency's written statement of findings of need for the temporary rule pursuant to the provisions in G.S. 150B-21.1. If the Codifier determines that the findings meet the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If the Codifier determines that the findings do not meet the criteria, the rule is returned to the agency. The agency may supplement its findings and resubmit the temporary rule for an additional review or the agency may respond that it will remain with its initial position. The Codifier, thereafter, will enter the rule into the NCAC. A temporary rule becomes effective either when the Codifier of Rules enters the rule in the Code or on the sixth business day after the agency resubmits the rule without change. The temporary rule is in effect for the period specified in the rule or 180 days, whichever is less. An agency adopting a temporary rule must begin rule-making procedures on the permanent rule at the same time the temporary rule is filed with the Codifier. I ADOPTION AMENDMENT, AND REPEAL OF RULES NORTH CAROLINA ADMINISTRATIVE CODE The following is a generalized statement of the procedures to be followed for an agency to adopt, amend, or repeal a rule. For the specific statutory authority, please consult Article 2A of Chapter 150B of the General Statutes. Any agency intending to adopt, amend, or repeal a rule must first publish notice of the proposed action in the North Carolina Register. The notice must include the time and place of the public hearing (or instructions on how a member of the public may request a hearing); a statement of procedure for public comments; the text of the proposed rule or the statement of subject matter; the reason for the proposed action; a reference to the statutory authority for the action and the proposed effective date. Unless a specific statute provides otherwise, at least 15 days must elapse following publication of the notice in the North Carolina Register before the agency may conduct the public hearing and at least 30 days must elapse before the agency can take action on the proposed rule. An agency may not adopt a rule that differs substantially from the proposed form published as part of the public notice, until the adopted version has been published in the North Carolina Register for an additional 30 day comment period. When final action is taken, the promulgating agency must file the rule with the Rules Review Commission (RRC). After approval by RRC, the adopted rule is filed with the Office of Administrative Hearings (OAH). A rule or amended rule generally becomes effective 5 business days after the rule is filed with the Office of Administrative Hearings for publication in the North Carolina Administrative Code (NCAC). Proposed action on rules may be withdrawn by the promulgating agency at any time before final action is taken by the agency or before filing with OAH for publication in the NCAC. The North Carolina Administrative Code (NCAC) is a compilation and index of the administrative rules of 25 state agencies and 38 occupational licensing boards. The NCAC comprises approximately 15,000 letter size, single spaced pages of material of which approximately 35% of is changed annually. Compilation and publication of the NCAC is mandated by G.S. 150B-21.18. The Code is divided into Titles and Chapters. Each state agency is assigned a separate title which is further broken down by chapters. Title 21 is designated for occupational licensing boards. The NCAC is available in two formats. (1) Single pages may be obtained at a minimum cost of two dollars and 50 cents (S2.50) for 10 pages or less, plus fifteen cents (SO. 15) per each additional page. (2) The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly with replacement pages. A one year subscription to the full publication including supplements can be purchased for seven hundred and fifty dollars (S750.00). Individual volumes may also be purchased with supplement service. Renewal subscriptions for supplements to the initial publication are available. Requests for pages of rules or volumes of the NCAC should be directed to the Office of Administrative Hearings. CITATION TO THE NORTH CAROLINA REGISTER The North Carolina Register is cited by volume, issue, page number and date. 1:1 NCR 101-201, April 1, 1986 refers to Volume 1, Issue 1. pages 1fM through 201 of the North Carolina Register issued on April 1, 1 986. 4 FOR INFORMATION CONTACT Office of Administrate e Hearings, ATTN: Ru es Division, P.O. Drawer 27447. Raleigh, North Carolina 27611 -7447. (919) 733-2678. i NORTH CAROLINA REGISTER Office of Administrative Hearings P. O. Drawer 27447 Raleigh, North Carolina 27611-7447 (919) 733-2678 Julian Mann III, Director James R. Scarcella Sr., Deputy Director Molly Masich, Director ofAPA Services Staff: Ruby Creech, Publications Coordinator Teresa Kilpatrick, Editorial Assistant Jean Shirley, Editorial Assistant ISSUE CONTENTS I. EXECUTIVE ORDERS Executive Orders 17-18 641 II. PROPOSED RULES Environment, Health, and Natural Resources Environmental Management .... 658 Wildlife Resources 663 Human Resources Medical Care Commission 644 Services for the Deaf and Hard of Hearing 650 Insurance Actuarial Services 657 Licensing Board Foresters, Registration for 674 Transportation Highways, Division of 669 III. RRC OBJECTIONS 676 IV. RULES INVALIDATED BY JUDICIAL DECISION 681 V. CONTESTED CASE DECISIONS Index to ALJ Decisions 682 Text of Selected Decisions 92 DHR 1 109 687 VI. CUMULATIVE INDEX 707 NORTH CAROLINA REGISTER Publication Schedule (January 1993 - December 1993) Last Day Earliest Earliest for Elec- Date for Date for Last Day *Earliest Issue Last Day tronic Public Adoption to Submit Effective Date for Filing Filing Hearing by Agency to RRC Date =< :< Jfi M =< =< =« ******* * * **>i< # * ******* =<>;>: 3-: >= >; ^ ]|Cl|t>|E3{(^^^ sje >}« sj« >je ife sje a|e 01/04/93 12/09/92 12/16/92 01/19/93 02/03/93 02/20/93 04/01/93 01/15/93 12/22/92 12/31/92 01/30/93 02/14/93 02/20/93 04/01/93 02/01/93 01/08/93 01/15/93 02/16/93 03/03/93 03/20/93 05/03/93 02/15/93 01/25/93 02/01/93 03/02/93 03/17/93 03/20/93 05/03/93 03/01/93 02/08/93 02/15/93 03/16/93 03/31/93 04/20/93 06/01/93 03/15/93 02/22/93 03/01/93 03/30/93 04/14/93 04/20/93 06/01/93 04/01/93 03/11/93 03/18/93 04/16/93 05/01/93 05/20/93 07/01/93 04/15/93 03/24/93 03/31/93 04/30/93 05/15/93 05/20/93 07/01/93 05/03/93 04/12/93 04/19/93 05/18/93 06/02/93 06/20/93 08/02/93 05/14/93 04/23/93 04/30/93 05/29/93 06/13/93 06/20/93 08/02/93 06/01/93 05/10/93 05/17/93 06/16/93 07/01/93 07/20/93 09/01/93 06/15/93 05/24/93 06/01/93 06/30/93 07/15/93 07/20/93 09/01/93 07/01/93 06/10/93 06/17/93 07/16/93 07/31/93 08/20/93 10/01/93 07/15/93 06/23/93 06/30/93 07/30/93 08/14/93 08/20/93 10/01/93 08/02/93 07/12/93 07/19/93 08/17/93 09/01/93 09/20/93 11/01/93 08/16/93 07/26/93 08/02/93 08/31/93 09/15/93 09/20/93 11/01/93 09/01/93 08/11/93 08/18/93 09/16/93 10/01/93 10/20/93 12/01/93 09/15/93 08/24/93 08/31/93 09/30/93 10/15/93 10/20/93 12/01/93 10/01/93 09/10/93 09/17/93 10/16/93 10/31/93 11/20/93 01/04/94 10/15/93 09/24/93 10/01/93 10/30/93 11/14/93 11/20/93 01/04/94 11/01/93 10/11/93 10/18/93 11/16/93 12/01/93 12/20/93 02/01/94 11/15/93 10/22/93 10/29/93 11/30/93 12/15/93 12/20/93 02/01/94 12/01/93 11/05/93 11/15/93 12/16/93 12/31/93 01/20/94 03/01/94 12/15/93 11/24/93 12/01/93 12/30/93 01/14/94 01/20/94 03/01/94 * Tfie "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above, that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next calendar month. EXECUTIVE ORDERS EXECUTIVE ORDER NUMBER 17 NORTH CAROLINA EMERGENCY RESPONSE COMMISSION Manager, Training/Standards Program, Fire and Rescue Services Division, Department of Insur-ance; WHEREAS, the Emergency Planning and Com-munity Right-to-know Act of 1986 enacted by the United States Congress, requires the Governor of each state to appoint a State Emergency Response Commission. NOW THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED: Section 1. Creation. Chief, Emergency Medical Services, Division of Facility Services, Department of Human Resourc-es; and Six at-large members from local government and private industry with technical expertise in the emergency response field may be appointed by the Governor and serve for terms of two (2) years at the pleasure of the Governor. Section 2. Duties. There is created the North Carolina Emergency Response Commission, hereinafter referred to as the "Commission." The Commission shall consist of not less than eleven members and shall be composed of at least the following persons: Director, Division of Emergency Management, Department of Crime Control and Public Safety, who shall serve as Chairperson. Coordinator, State Highway Patrol Hazardous Materials, Department of Crime Control and Public Safety; Safety Director, Department of Agriculture; Supervisor, Facilities Assessment Unit, Division of Environmental Management, Department of Environment, Health and Natural Resources; The Commission is designated as the State Emergency Response Commission as described in the Act and shall perform all duties required of it under the Act, including, but not limited to, the following: (a) Appoint local emergency planning commit-tees described under Section 301(c) of the Act and supervise and coordinate the activities of such committees. (b) Establish procedures for reviewing and processing requests from the public for information under Section 324 of the Act. (c) Designate emergency planning districts to facilitate preparation and implementation of emer-gency plans as required under Section 301(b) of the Act. Director, Solid Waste Management Division, Department of Environment, Health and Natural Resources; (d) After public notice and opportunity for comment, designate additional facilities that may be subject to the Act under Section 302 of the Act. Director, Radiation Protection Division, Depart-ment of Environment, Health and Natural Resourc-es; Director, Office of Waste Reduction (Pollution Prevention Program), Department Environment, Health and Natural Resources; Director, Emergency Planning, Division of Highways, Department of Transportation; Chief, Transportation Inspection, Division of Motor Vehicles (Enforcement Section), Depart-ment of Transportation; (e) Notify the Administrator of the Environmen-tal Protection Agency of facilities subject to the requirements of Section 302 of the Act. (f) Review the emergency plans submitted by local emergency planning committees and make recommendations to the committees on revisions of the plans that may be necessary to ensure coordi-nation of such plans with emergency response plans of other emergency planning districts. Section 3. Administration. (a) The Department of Crime Control and Public Safety shall provide administrative support and 8:8 NORTH CAROLINA REGISTER July 15, 1993 641 EXECUTIVE ORDERS staff as may be required. (b) Members of the Commission shall serve without compensation but may receive reimburse-ment, contingent on the availability of funds, for travel and subsistence expenses in accordance with state guidelines and procedures. Section 4. Effect on other Executive Orders. The following Executive Orders of the Martin Administration are hereby rescinded: Numbers 43, 48, 50, and 165. All other portions of Execu-tive Orders inconsistent herewith are also rescind-ed. This Executive Order shall be effective immedi-ately. Done in the Capitol City of Raleigh, North Carolina, this the 16th day of June, 1993. EXECUTIVE ORDER NUMBER 18 EMERGENCY MANAGEMENT PROGRAM WHEREAS, the natural phenomena such as hurricanes, floods, tornadoes, severe winter weath-er, droughts, earthquakes, and man-made disasters such as explosions or major electric power failures are an ever-present danger; and WHEREAS, potential enemies of the United States now possess the capability of launching attacks and unprecedented destruction upon this State and nation, from land, sea and air; and WHEREAS, it is the duty of the Department of Crime Control and Public Safety to provide emer-gency services to protect the public against natural and man-made disasters; and WHEREAS, it is the duty of the Department of Crime Control and Public Safety to ensure the preparation, coordination, and readiness of emer-gency management and military plans and effective conduct of emergency operations by all participat-ing agencies in order to sustain life and prevent, minimize, or remedy injury to persons and damage to property resulting from disasters caused by enemy attack or other hostile actions or from disasters due to natural or man-made causes; and WHEREAS, the Emergency Management Act of 1977, as amended, N.C.G.S. 166A-1, et seg., the North Carolina Emergency War Powers Act, N.C.G.S. 147-33.1, et seq. , and Article 36A of Chapter 14 of the General Statutes confer upon the Governor comprehensive powers to be exercised in providing for the common defense and protection of the lives and property of the people of this State against both man-made and natural disasters; and WHEREAS, the effective exercise of these emergency powers requires extensive initial plan-ning, continued revision and exercising of plans, assignment of emergency management functions prior to the occurrence of an emergency, the training of personnel in order to ensure a smooth, effective application of governmental functions to emergency operations, and the quick response of all necessary State resources; and WHEREAS, these emergency management functions are intended to be and can be accom-plished most effectively through those established activities of state and local government whose normal functions relate to those emergency servic-es which would be needed; NOW, THEREFORE, pursuant to the authority vested in me as Governor by the laws and the Constitution of North Carolina, IT IS ORDERED: Section U Coordination of Services. In the event the Governor, in the exercise of his constitutional and statutory responsibilities, shall deem it necessary to utilize the service of more than one subunit of state government to provide protection to the people from natural or man-made disasters or emergencies, including, but not limited to, wars, insurrections, riots, civil disturbances, or accidents, the Secretary of Crime Control and Public Safety, under the direction of the Governor, shall serve as the chief coordinating officer for the State between the respective subunits so utilized, as provided in N.C.G.S. 143B-476. Section 2. Response to Emergency. Whenever the Secretary of Crime Control and Public Safety exercises the authority provided in Section 1, he shall be authorized to utilize and allocate all available state resources as are reasonably necessary to cope with the emergency or disaster. His authority includes the direction of personnel and functions of state agencies for the purpose of performing or facilitating the initial response to the disaster or emergency. Following the initial response, the Secretary, in consultation 642 8:8 NORTH CAROLINA REGISTER July 15, 1993 EXECUTIVE ORDERS with the heads of the state agencies which have, or appear to have, responsibility for dealing with the emergency or disaster, shall designate one or more lead agencies to be responsible for subsequent phases of the response to the emergency or disaster. Pending an opportunity to consult with the head of such agencies, the Secretary may make interim lead agency designations. Section 3. Reporting. Every department of state government is required to report to the Secretary of Crime Control and Public Safety, by the fastest means practicable, all natural or man-made disasters or emergencies, which appear likely to require the utilization of the services of more than one subunit of State government. Section 4. Delegation of Authority. The Secretary of Crime Control and Public Safety is hereby authorized to delegate the authority to utilize and allocate all available state resources as may be necessary to carry out the intent of this order. Section 5. Publication of Emergency Plans. An explanation of the emergency management functions assigned to each state department, division, subdivision, or agency is contained in the state plans developed and published by the Division of Emergency Management of the North Carolina Department of Crime Control and Public Safety. The provisions of these documents, including attached annexes and any future revisions, are specifically incorporated herein by reference. department or agency. Section 8. Liaisons. The head of each department, agency, commission or office of state government that is charged with emergency management responsibilities shall designate personnel to perform liaison functions with all other components of state government on matters pertaining to emergency management activities. Section 9. Procedures. The heads of state government departments assigned emergency management functions shall prepare procedures to procure from governmental and private sources all materials, manpower, equipment, supplies, and services necessary to carry out these assigned functions. Each agency of state government shall cooperate with all other agencies of state government to assure the availability of resources in an emergency. Section 10. Effect on Other Executive Orders. Executive Order Number 73 of the Martin Administration is hereby rescinded. This Order shall become effective immediately. Done in the Capital City of Raleigh, North Carolina, this the 16th day of June, 1993. Section 6. Supporting Plans. The heads of the departments of state government and other agencies designated in the state emergency plans are granted the authority, and charged with the responsibility, to develop supporting plans and procedures. Upon orders of the Governor, Secretary of Crime Control and Public Safety, or his designee, these personnel shall execute the emergency management functions assigned to them in the emergency plans. Section 7. Revision of Plans. The Secretary of Crime Control and Public Safety is hereby authorized to update and periodically revise or cause to be revised the state emergency plans and supporting plans to ensure that they will be current and consistent with the functions, duties, and capabilities of a given 8:8 NORTH CAROLINA REGISTER July 15, 1993 643 PROPOSED RULES TITLE 10 - DEPARTMENT OF HUMAN RESOURCES Notice is hereby given in accordance with G.S. 150B-21.2 that the Medical Care Commission intends to adopt rules cited as 10 NCAC 3C .2031 - .2032, 3H .1161 - .1162; amend rules cited as 10 NCAC 3C .2021 , 3H .0108, .0315, .0317 and .1151. 1 he proposed effective date of this action is December 1, 1993. 1 he public hearing will be conducted at 9:30 a.m. on September 10, 1993 at Room 201 , Council Building, 701 Barbour Drive, Raleigh, NC 27603. ixeason for Proposed Action: 10 NCAC 3C .2021, .2031-. 2032, 10 NCAC 3H .1151, .1161-. 1162 - To establish rules for inpa-tient rehabilitation beds operated by acute care hospitals and nursing facilities. 10 NCAC 3H .0108, .0315, .0317 - To clarify definitions related to patient abuse and neglect and describe proceduresfor reporting and investigating incidents of abuse or neglect. i^omment Procedures: All written comments must be submitted to Jackie Sheppard, APA Coordina-tor, PO Box 29530, Raleigh, NC 27626-0530 up to and including August 16, 1993. Written comments submitted after the deadline will not be considered by the Commission. CHAPTER 3 - FACILITY SERVICES SUBCHAPTER 3C - LICENSING OF HOSPITALS SECTION .2000 - SPECIALLY DESIGNATED UNITS .2021 PHYSICIAN REQS FOR INPATIENT REHABILITATION FACILITIES OR UNITS (a) In a rehabilitation facility or unit a physician shall participate in the provision and management of rehabilitation services and in the provision of medical services. (b) In a rehabilitation facility or unit a rehabili-tation physician shall be responsible for a patient's interdisciplinary treatment plan. Each patient's interdisciplinary treatment plan shall be developed and implemented under the supervision of a reha-bilitation physician. (c) The rehabilitation physician shall participate in the preliminary assessment within 48 hours of admission, prepare a plan of care and direct the necessary frequency of contact based on the medical and rehabilitation needs of the patient. The frequency shall be appropriate to justify the need for comprehensive inpatient rehabilitation care. (ed) An inpatient rehabilitation facility or unit's contract or agreements with a rehabilitation physi-cian shall require that the rehabilitation physician shall participate in individual case conferences or care planning sessions and shall review and sign discharge summaries and records. When patients are to be discharged to another health care facility, the discharging facility shall assure that the patient has been provided with a discharge plan which incorporates post discharge continuity of care and services. When patients are to be discharged to a residential setting, the facility shall assure that the patient has been provided with a discharge plan that incorporates the utilization of community resources when available and when included in the patient's plan of care. (ed) The intensity of physician medical services and the frequency of regular contacts for medical care for the patient shall be determined by the patient's pathophysiologic needs. (ef) Where the attending physician of a patient in an inpatient rehabilitation facility or unit orders medical consultations for the patient, such consul-tations shall be provided by qualified physicians within 48 hours of the physician's order. In order to achieve this result, the contracts or agreements between inpatient rehabilitation facilities or units and medical consultants shall require that such consultants render the requested medical consulta-tion within 48 hours. (fg) An inpatient rehabilitation facility or unit shall have a written procedure for setting the qualifications of the physicians rendering physical rehabilitation services in the facility or unit. Statutory Authority G.S. 131E-79; 143B-165. .2031 ADDITIONAL REQUIREMENTS FOR TRAUMATIC BRAIN INJURY PATIENTS Inpatient rehabilitation facilities providing servic-es to persons with traumatic brain injuries shall meet the requirements in this Rule in addition to 644 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES those identified in this Section. (1) Direct-care nursing personnel staffing ratios established in Rule .2027 of this Section shall not be applied to nursing services for traumatic brain injury pa-tients in the inpatient, rehabilitation facility or unit. The minimum nursing hours per traumatic brain injury patient in the unit shall be 6.5 nursing hours per patient day. At no time shall direct care nursing staff be less than two full-time equivalents, one of which shall be a registered nurse. (2) The inpatient rehabilitation facility or unit shall employ or provide by contractual agreements physical, occupational or speech therapists in order to provide a minimum of 4^5 hours of specific or combined rehabilitation therapy services per traumatic brain injury patient day. (3) The facility shall provide special facility or equipment needs for patients with traumatic brain injury, including a quiet room for therapy, specially designed wheelchairs, standing tables and comput-ers with cognitive retraining software. £4} The medical director of an inpatient traumatic brain injury program shall have two years management in a brain injury program, one of which may be in a clinical fellowship program and board eligibility or certification in the medical specialty of the physician's training. (5) The facility shall provide the consulting services of a neuropsychologist. (6) The facility shall provide continuing education in the care and treatment of brain injury patients for all staff. (7) The facility shall document specific staff training and education in the care and treatment of brain injury. (8) The size of the brain injury program shall be adequate to support a comprehensive, dedicated ongoing brain injury program. Statutory Authority G.S. 131E-79; 143B-165. .2032 ADDITIONAL REQUIREMENTS FOR SPINAL CORD INJURY PATIENTS Inpatient rehabilitation facilities providing servic-es to persons with spinal cord injuries shall meet the requirements in this Rule in addition to those identified in this Section. (1) Direct-care nursing personnel staffing ratios established in Rule .2027 of this Section shall not be applied to nursing services for spinal cord injury patients in the inpatient, rehabilitation facility or unit. The minimum nursing hours per spinal cord injury patient in the unit shall be 6.0 nursing hours per patient day. At no time shall direct care nursing staff be less than two full-time equivalents, one of which shall be a registered nurse. (2) The inpatient rehabilitation facility or unit shall employ or provide by contractual agreements physical, occupational or speech therapists in order to provide a minimum of 4.0 hours of specific or combined rehabilitation therapy services per spinal cord injury patient day. (3) The facility shall provide special facility or special equipment needs of patients with spinal cord injury, including special-ly_ designed wheelchairs, tilt tables and standing tables. (4) The medical director of an inpatient spinal cord injury program shall have either two years experience in the medi-cal care of persons with spinal cord injuries or six month's minimum in a spinal cord injury fellowship. (5) The facility shall provide continuing education in the care and treatment of spinal cord injury patients for all staff. (6) The facility shall provide specific staff training and education in the care and treatment of spinal cord injury. (7) The size of the spinal cord injury pro-gram shall be adequate to support a comprehensive, dedicated ongoing spinal cord injury program. Statutory Authority G.S. 131E-79; 143B-165. SUBCHAPTER 3H - RULES FOR THE LICENSING OF NURSING HOMES SECTION .0100 - GENERAL INFORMATION .0108 DEFINITIONS The following definitions will apply throughout this Subchapter: (1) "Abuse" means the infliction of physical pain, injury, mental anguish or unreason-able confinement which may cause or result jn temporary or permanent mental 8:8 NORTH CAROLINA REGISTER July 15, 1993 645 PROPOSED RULES (a) lb] icj Id) LSJ (+2) (33) (34) (45) (56) or physical injury, pain, harm, or death. Abuse includes, but |s not limited to, the following: Verbal abuse z any use of oral, written or gestured language which a reason-able person would view as disparaging and derogatory terms to a patient re-gardless of his or her age, ability to comprehend or disability; Sexual abuse - sexual harassment, sexual coercion or sexual assault of a patient; Physical abuse z hitting, slapping, kicking or corporal punishment of a patient; Mental abuse z language or treatment which would be viewed by a reasonable person as involving humiliation, harass-ment, threats of punishment or depriva-tion of a patient; Unreasonable confinement - the separa-tion of a patient from other persons, or from his or her room, against the patient's will or the will of the patient's legal representative. Unreasonable confinement does not include emergency or separation used short-term monitored as therapeutic intervention to reduce agitation until a plan of care is developed to meet the patient's needs, "Accident" means an unplanned or un-wanted event resulting in the injury or wounding, no matter how slight, of a patient or other individual. "Adequate" means, when applied to various services, that the services are at least satisfactory in meeting a referred to need when measured against contempo-rary professional standards of practice. "Administrator" means the person who has authority for and is responsible for the overall operation of a facility. "Appropriate" means right for the speci-fied use or purpose, suitable or proper when used as an adjective. When used as a transitive verb it means to set aside for some specified exclusive use. "Brain injury long term care" is defined as an interdisciplinary, intensive mainte-nance program for patients who have incurred brain damage caused by external physical trauma and who have completed a primary course of rehabilitative treat-ment and have reached a point of no gain or progress for more than three consecu-tive months. Services are provided through a medically supervised interdisci-plinary process and are directed toward maintaining the individual at the optimal level of physical, cognitive and behavior-al functions. (67) "Capacity" means the maximum number of patient or resident beds for which the facility is licensed to maintain at any given time. (38) "Combination facility" means a combina-tion home as defined in G.S. 131E-101. (89) Convalescent care" means care given for the purpose of assisting the patient or resident to regain health or strength. (910) "Department" means the North Carolina Department of Human Resources. (+6H) "Director of Nursing" means the nurse who has authority and direct responsibil-ity for all nursing services and nursing care. (4412) "Drug" means substances: (a) recognized in the official United States Pharmacopoeia, official National For-mulary, or any supplement to any of them; (b) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; (c) intended to affect the structure or any function of the body of man or other animals, i.e., substances other than food; and (d) intended for use as a component of any article specified in (a), (b), or (c) of this Subparagraph. (4-2-L3) "Duly licensed" means holding a current and valid license as required under the General Statutes of North Carolina. (4-314) "Existing facility" means a facility cur-rently licensed or a proposed facility, proposed addition to a licensed facility or proposed remodeled licensed facility that will be built according to plans and specifications which have been approved by the Department through the prelimi-nary working drawings state prior to the effective date of this Rule. (4415) "Exit conference" means the conference held at the end of a survey, or investiga-tion between the Department's represen-tatives and the facility administration representative. (16) "Finding" means a determination by the 646 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES > > I State that an allegation of patient abuse or neglect, or misappropriation of patient property has been substantiated. (4517) "HIV Unit" means designated areas dedicated to patients or residents known to have Human Immunodeficiency Virus disease. (-1-618) "Incident" means an unplanned or unwanted event which has not caused a wound or injury to any individual but which has the potential for such should the event be repeated. (-1-719) "Interdisciplinary" means an integrated process involving a representative from each discipline of the health care team. (+820) "Licensed practical nurse" means a nurse who is duly licensed as a practical nurse under G.S. 90, Article 9A. (4-92H "Licensee" means the person, firm, partnership, association, corporation or organization to whom a license has been issued. (3022) "Medication" means drug as defined in (11) of this Rule. (23) "Misappropriation of property" means the intentional exploitation, or wrongful taking or use of a patient's belongings or money whether temporary or permanent. (24) "Neglect" means a failure through a lack of attention, carelessness, or omission, to provide timely and consistent services, treatment or care to a patient which are necessary to obtain or maintain the patient's health, safety or comfort. (2425) "New facility" means a proposed facility, a proposed addition to an existing facility or a proposed remodeled portion of an existing facility that is constructed according to plans and specifications approved by the Department subsequent to the effective date of this Rule. If determined by the Department that more than half of an existing facility is remodeled, the entire existing facility shall be considered a new facility. (3226) "Nurse Aide" means any individual providing nursing or nursing-related services to patients in a facility who is not a licensed health professional, a qualified dietitian, or someone who volunteers to provide such services without pay, and listed in a nurse aide registry approved by the Department. (3327) "Nurse Aide Trainee" means an individual who has not completed an approved nurse aide training course and competency evaluation and is demonstrating knowledge, while performing tasks for which they have been found proficient by an instructor. These tasks shall be performed under the direct supervision or a registered nurse. The term does not apply to volunteers. (3428) "Nursing Facility" means that portion of a nursing home certified under Title XIX of the Social Security Act (Medicaid) as in compliance with federal program standards for nursing facilities. It is often used as synonymous with the term "nursing home" which is the usual prerequisite level of state licensure for nursing facility (NF) certification and Medicare skilled nursing facility (SNF) certification. (3529) "Nurse in charge" means the nurse to whom duties for a specified number of patients and staff for a specified period of time have been delegated, such as for Unit A on the 7-3 or 3-1 1 shift. (3630) "On duty" means personnel who are awake, dressed, responsive to patient needs and physically present in the facility performing assigned duties. (3731) "Operator" means the owner of the nursing home business. (3832) "Patient" means any person admitted for nursing care. (3933) "Person" means an individual, trust, estate, partnership or corporation including associations, joint-stock companies and insurance companies. (3034) "Proposal" means a Negative Action Proposal containing documentation of findings that may ultimately be classified as violations and penalized accordingly. (34-35) "Provisional License" means an amended license recognizing significantly less than full compliance with the licensure rules. (3336) "Physician" means a person licensed under G.S. Chapter 90, Article 1 to practice medicine in North Carolina. (3337) "Qualified Activities Director" means a person who has the authority and responsibility for the direction of all therapeutic activities in the nursing facility and who meets the qualifications set forth under 10 NCAC 3H .1204. (3438) "Qualified Dietitian" means a person who meets the standards and qualification established by the Commission on 8:8 NORTH CAROLINA REGISTER July 15, 1993 647 PROPOSED RULES Dietetic Registration of the American Dietetic Association included in "Standards of Practice" seven dollars and twenty-five cents ($7.25) or "Code of Ethics for the Profession of Dietetics" two dollars and fifteen cents ($2.15), American Dietetic Association, 216 W. Jackson Blvd., Chicago, IL 60606-6995. (3539) "Qualified Pharmacist" means a person who is licensed to practice pharmacy in North Carolina and who meets the qualifications set forth under 10 NCAC 3H .0903. (3640) "Qualified Social Services Director" means a person who has the authority and responsibility for the provision of social services in the nursing home and who meets the qualification set forth under 10 NCAC 3H .1306. (334 1 ) "Registered Nurse" means a nurse who is duly licensed as a registered nurse under G.S. 90, Article 9A. (3842) "Resident" means any person admitted for care to a domiciliary home part of a combination home as defined in G.S. 131E-101. (3943) "Sitter"means an individual employed to provide companionship and social interaction to a particular patient, usually on a private duty basis. (4044) "Supervisor-in-Charge (domiciliary home)" means any employee to whom supervisory duties for the domiciliary home portion of a combination home have been delegated by either the Administrator or Director of Nursing. (44-45) Surveyor" means an authorized representative of the Department who inspects nursing facilities and combination facilities to determine compliance with rules as set forth in G.S. 1 3 1 E- 1 1 7 and applicable state and federal laws, rules and regulations. (4546) "Ventilator dependence" is defined as physiological dependency by a patient on the use of a ventilator for more than eight hours a day. (4347) "Violation" means a finding which directly relates to a patient's health, safety or welfare or which creates a substantial risk that death or serious physical harm will occur and is determined to be an infraction of the regulations, standards and requirements set forth in G.S. 131 E- 117 or applicable state and federal laws, rules and regulations. Statutory Authority G.S. 131E-104; 42 U.S.C. 1396r(a). SECTION .0300 - GENERAL STANDARDS OF ADMINISTRATION .0315 NURSING HOME PATIENT RIGHTS (a) Written policies and procedures shall be developed and enforced to implement requirements in G.S. 131E-115 et seq. (Nursing Home Patients' Bill of Rights) concerning the rights of patients and residents . The Administrator shall make these policies and procedures known to the staff, patients and — residents, and families of patients aed residents and shall ensure their availability to the public by placing them in a conspicuous place. (b) In matters of patient abuse, neglect or misappropriation the definitions shall have the meaning defined in Rule .0108 of this Subchapter for abuse, neglect and exploitation respectively as contained in the North Carolina Protection of the Abused, Neglected or Exploited Disabled Adult Act, G.S. 108A 99 et seq . Statutory Authority G.S. 131E-104; 131E-111; 131E-124; 131E-129;42 U.S.C. 1396r(e)(2)(B). .0317 REPORTING AND INVESTIGATING ABUSE, NEGLECT OR MISAPPROPRIATION (a) The facility shall take proper measures to prevent patient abuse, patient neglect, or misappropriation of patient property, including but not limited to orientation and instruction of facility staff on patients' rights, and the requesting of references for all prospective employees. (b) The Administrator shall assure that the Department is notified of those accidents resulting in death, burns, fractured bones, severe cuts or bruises, hospitalization and all alleged incidents ef accidents which appear to be related to patient abuse^ ef neglect or misappropriation of patient property . (c) The incident report shall be printed or typed and postmarked within 48 hours of the accident or incident The report shall be conducted as specified in 42 CFR subsection 483.13 and shall consist of a simple statement of the patient's ef resident's full namer; room number^ date and time of the incident or accident^ type of injury, abuse, neglect or misappropriation of property; names of 648 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES persons involved^ and immediate action taken by the facility. (d) The facility shall thoroughly investigate and document according to 42 CFR subsection 483. 13, which is incorporated by reference, including subsequent amendments, all alleged incidents of patient abuse, patient neglect, or misappropriation of patient property and shall take whatever steps are necessary to prevent further incidents of abuse, neglect or misappropriation of property while the investigation is in progress. (e) The facility shall make available for inspection by the Department any information related to any alleged incident of patient abuse, patient neglect, or misappropriation of patient property including but not limited to medical records; incident reports; facility investigation; statements by victims, witnesses and alleged perpetrators; performance evaluations, in-service education, verification of listing on Nurse Aide Registry, prior disciplinary actions, employment references, and orientation documentation of staff witnesses and alleged perpetrators; facility policies; and any information related to the alleged incident. Authority G.S. 131E-104; 131E-111; 143B-165;42 U.S.C. 1395; 42 U.S.C. 1396; 42 C.F.R. 483. SECTION .1100 - SPECIALLY DESIGNATED UNITS .1151 PHYSICIAN REQUIREMENTS/ INPATIENT REHABILITATION FACILITIES OR UNITS (a) In a rehabilitation facility or unit a physician shall participate in the provision and management of rehabilitation services and in the provision of medical services. (b) In a rehabilitation facility or unit a rehabilitation physician shall be responsible for a patient's interdisciplinary treatment plan. Each patient's interdisciplinary treatment plan shall be developed and implemented under the supervision of a rehabilitation physician. (c) The rehabilitation physician shall participate in the preliminary assessment within 48 hours of admission, prepare a plan of care and direct the necessary frequency of contact based on the medical and rehabilitation needs of the patient. The frequency shall be appropriate to justify the need for comprehensive inpatient rehabilitation care. (ed) An inpatient rehabilitation facility or unit's contract or agreements with a rehabilitation physician shall require that the rehabilitation physician shall participate in individual case conferences or care planning sessions and shall review and sign discharge summaries and records. When patients are to be discharged to another health care facility, the discharging facility shall assure that the patient has been provided with a discharge plan which incorporates post discharge continuity of care and services. When patients are to be discharged to a residential setting, the facility shall assure that the patient has been provided with a discharge plan that incorporates the utilization of community resources when available and when included in the patient's plan of care. (ed) The intensity of physician medical services and the frequency of regular contacts for medical care for the patient shall be determined by the patient's pathophysiologic needs. (fe)Where the attending physician of a patient in an inpatient rehabilitation facility or unit orders medical consultations for the patient, such consultations shall be provided by qualified physicians within 48 hours of the physician's order. In order to achieve this result, the contracts or agreements between inpatient rehabilitation facilities or units and medical consultants shall require that such consultants render the requested medical consultation within 48 hours. (gf) An inpatient rehabilitation facility or unit shall have a written procedure for setting the qualifications of the physicians rendering physical rehabilitation services in the facility or unit. Statutory Authority G.S. 131E-104. .1161 ADDITIONAL REQUIREMENTS FOR TRAUMATIC BRAIN INJURY PATIENTS Inpatient rehabilitation facilities providing services to persons with traumatic brain injuries shall meet the requirements in this Rule in addition to those identified in this Section. (1) Direct-care nursing personnel staffing ratios established in Rule . 1 157 of this Section shall not be applied to nursing services for traumatic brain injury patients in the inpatient, rehabilitation facility or unit. The minimum nursing hours per traumatic brain injury patient in the unit shall be (L5 nursing hours per patient day. At no time shall direct care nursing staff be less than two full-time equivalents, one of which shall be a registered nurse. (2) The inpatient rehabilitation facility or unit 8:8 NORTH CAROLINA REGISTER July 15, 1993 649 PROPOSED RULES shall employ or provide by contractual agreements physical, occupational or speech therapists in order to provide a minimum of 4^5 hours of specific or combined rehabilitation therapy services per traumatic brain injury patient day. (3) The facility shall provide special facility or equipment needs for patients with traumatic brain injury, including a quiet room for therapy, specially designed wheelchairs, standing tables and computers with cognitive retraining software. (4) The medical director of an inpatient traumatic brain injury program shall have two years management in a brain injury program, one of which may be in a clinical fellowship program and board eligibility or certification in the medical specialty of the physician's training. (5) The facility shall provide the consulting services of a neuropsychologist. (6) The facility shall provide continuing education in the care and treatment of brain injury patients for all staff. (7) The facility shall document specific staff training and education in the care and treatment of brain injury. (8) The size of the brain injury program shall be adequate to support a comprehensive, dedicated ongoing brain injury program. Statutory Authority G.S. 131E-104. .1162 ADDITIONAL REQUIREMENTS FOR SPINAL CORD INJURY PATIENTS Inpatient rehabilitation facilities providing services to persons with spinal cord injuries shall meet the requirements in this Rule in addition to those identified in this Section. (1) Direct-care nursing personnel staffing ratios established in Rule .1 157 of this Section shall not be applied to nursing services for spinal cord injury patients in the inpatient, rehabilitation facility or unit. The minimum nursing hours per spinal cord injury patient in the unit shall be 6J) nursing hours per patient day. At no time shall direct care nursing staff be less than two full-time equivalents, one of which shall be a registered nurse. (2) The inpatient rehabilitation facility or unit shall employ or provide by contractual agreements physical, occupational or speech therapists in order to provide a minimum of 4JD hours of specific or combined rehabilitation therapy services per spinal cord injury patient day. (3) The facility shall provide special facility or special equipment needs of patients with spinal cord injury, including specially designed wheelchairs, tilt tables and standing tables . (4) The medical director of an inpatient spinal cord injury program shall have either two years experience in the medical care of persons with spinal cord injuries or six month's minimum in a spinal cord injury fellowship. (5) The facility shall provide continuing education in the care and treatment of spinal cord injury patients for all staff. (6) The facility shall provide specific staff training and education in the care and treatment of spinal cord injury. (7) The size of the spinal cord injury program shall be adequate to support a comprehensive, dedicated ongoing spinal cord injury program. Statutory Authority G.S. 131E-104. ISotice is hereby given in accordance with G.S. 150B-21.2 that the Division of Services for the Deaf and Hard of Hearing intends to amend rules cited as 10 NCAC 23E .0302 and .0304 - 0309. 1 he proposed effective date of this action is October 1, 1993. 1 he public hearing will be conducted at 6:00 p.m. on August 19, 1993 at the Anderson Building, Dix Campus, Conference Room, 1st Floor, 695A Palmer Drive, Raleigh, NC 27626 . Mxeason for Proposed Action: Expand existing testing system to incorporate testing of interpreters in educational settings. Lsomment Procedures: Any interested person may present his/her comments at the hearing for a maximum of 10 minutes or by submitting a written 650 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES statement. Any person wishing to make a presen-tation at the hearing should contact: Louise Spry, DSD/HH 695A Palmer Drive, Raleigh, NC, 27626, (919) 733-5199 by August 19, 1993. The hearing record will remain open for written comments until August 19, 1993. Written comments must be sent to the address above and must state the proposed rule or rules to which the comments are addressed. Fiscal information is also available upon request from the same address. CHAPTER 23 - SERVICES FOR THE DEAF AND THE HARD OF HEARING SUBCHAPTER 23E - SERVICES AVAILABLE SECTION .0300 - NORTH CAROLINA INTERPRETER CLASSIFICATION SYSTEM .0302 DEFINITIONS For the purpose of Rules .0501 .0301 through .0510 .0310 of this Section the following terms shall have the meanings indicated: (1) "Classifications" means one of the four levels of skill based on the total score given by the evaluators on the classifica-tion test. (2) "Classification Team" means a group of three evaluators designated to review an NCICS candidate's videotaped perfor-mance scoring the performance in accor-dance with the training received as an evaluator in the NCICS process in which they are participating. {3) £3} "Critical Situations" means any inter-preting assignment which has the poten-tial for altering the quality of someone's life either physically, emotionally or financially. (4) "Community-based Test" means the tract of the NCICS, NCICS-C, which tests the competency of interpreters working in community-based settings such as medi-cal, legal and mental health situations. "D.P.I." means the Department of Public Instruction. "D.E.C." means the D.P.I. 's Division of £5) 16} (4) Exceptional Children. (7) "Division" means the North Carolina Division of Services for the Deaf and the Hard of Hearing. (8) "Division Director" means the Direc-tor of the North Carolina Division of Services for the Deaf and the Hard of Hearing. (9) "Educational-based Test" means the tract of the NCICS, NCICS-E, which tests the competency of interpreters working in educational settings such as elementary, secondary and post-secondary schools. {§) (10) "Evaluators" are persons who have received formal instruction regarding the NCICS process processes from the Divi-sion regarding terminology and scoring in an effort to attain the highest level of validity, reliability and consistency possible. {6) (11) "Interpreter Training" means activi-ties recognized by the Division which are oriented toward the enhancement of interpreting practice, values, skills and knowledge such as continuing education courses, workshops, seminars, conferenc-es, lectures, and post-secondary courses. f?) £12} "N.C.I. C.S." means the North Carolina Interpreter Classification Sys-tem. <& £13} "N.R.I.D." means the National Registry of Interpreters for the Deaf. {9) (14) "Sign Language Interpreter" means a person who performs services for the public in the capacity of an interpreter or transliterator between one or more hear-ing persons and one or more deaf persons using American Sign Language or manu-ally coded English. (15) "NCICS-C Standards of Ethical Behav-ior" are behavioral guidelines for inter-preters working primarily in community based settings established by the Texas Commission for the Deaf and adopted by reference under the provisions of G.S. 150B- 14(c) to protect the rights of the consumers both hearing and hearing-impaired and the interpreters. (16) "NCICS-E Standards of Ethical Behav-ior" are behavioral guidelines for inter-preters working primarily in educational settings developed by the Division and DPI established to protect the rights of the consumers both hearing and hearing-impaired and the interpreters. £W) (17) "State Coordinator" means a person employed by the Division of Services for the Deaf and the Hard of Hearing whose responsibility is to administer and oversee all aspects of the classification process. 8:8 NORTH CAROLINA REGISTER July 15, 1993 651 PROPOSED RULES (18) "Transliterator" means a person who performs services for the public in the capacity of a transliterator between one or more hearing persons and one or more deaf persons using a form of manually coded English. Statutory Authority G.S. 8B-1(3); 8B-6; 143B-216.33; 150B-14(c). .0304 APPLICATION The following shall be the process for application process for classification to be class ified : (1) Application forms and the dates of classification sessions shall be available at any office of the Division. (2) Applications shall be completed and sent to the state office of the Division at least 30 days prior to the scheduled classification session . Applicants shall be selected for each classification session in the order that the applications were received. Applicants who cannot be included in any given classification session shall be placed on priority for the next session. (3) Each applicant shall return a signed copy of the applicable, NCICS-C and/or NCICS-E, Standards of Ethical Behavior and a statement agreeing to maintain the confidentiality of the testing materials. Statutory Authority G.S. 8B-1(3); 8B-6; 143B-216.33. .0305 CLASSIFICATION TEAM AND EVALUATORS The criteria for the classification team and the classification team members shall be: (1) The classification team shall be composed of at least three trained evaluators. At least one evaluator shall be hearing and one shall be hearing-impaired. (2) Service terms of active evaluators shall be a maximum of two years with a mandatory one-year break between service periods. Retraining by the Division after the one-year break shall be required for continued participation on the classification team. (3) All hearing evaluators shall hold a current Class A classification for participation in the NCICS-C process or a current Class Advanced from the NCICS-E from the Division or current certification from the N.R.I.D. and all shall have successfully completed the evaluator training offered by the Division. Statutory Authority G.S. 8B-1(3); 8B-6; 143B-216.33. .0306 CLASSIFICATION (a) The classification process shall be as follows: (1) The Division shall conduct at least three classification sessions per year. (2) All testing for the classification process shall be videotaped. Videotapes shall be maintained within the Division for a period of not less than two years. (3) A written test covering the Standards of Ethical Behavior shall be administered prior to the skills portion of the N.C.I.C.S. process. An 80 percent passing score shall be required in order to proceed to the skills portion of the process. The Standards of Ethical Behavior consist of the following behavioral guidelines: (A) NCICS-C: (a) (j] Interpreter/transliterator shall keep all assignment-related information strictly confidential; (b) £ii] Interpreter/transliterator shall render the message faithfully, always conveying the content and spirit of the speaker, using language most readily understood by the person or persons whom they serve; fe) (iii) Interpreter/transliterator shall not counsel, advise or interject personal opinions; (d) (iv) Interpreter/transliterator shall accept assignments using discretion with regard to skills, setting and the consumers involved; (e) {vj Interpreter/transliterator shall request compensation for services in a professional and judicious manner; (f) (vi) Interpreter/transliterator shall maintain high professional standards and shall be expected to function in a manner appropriate to the situation while keeping in mind styles and colors which would enhance the effectiveness 652 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES te> > > of the interpreting; (vii) Interpreter/transliterator shall strive to further knowledge and skills through participation in workshops, seminars, professional meetings, interaction with professional colleagues and reading of current literature in the field. £B} NCICS-E: (i) Interpreters/Transliterators may discuss assignment related information only with teachers and their supervisors who are directly responsible for the educational program of hearing-impaired children for whom the interpreterinterprets/transliterates. Interpreters/Transliterators shall render the message faithfully, always conveying the content and spirit of the speaker, using language and modality (CUED SPEECH, ORAL, SIGN LANGUAGE) most readily understood by the student(s) whom they serve. Under the direction of the subject area teacher and as dictated by the individualized education program, the interpreter/transliterator may tutor hearing-impaired students and assist them to better comprehend the presented material. For nonacademic i s s u e s , t h e lii) m I interpreter/transliterator should direct students to the appropriate professional-ly) Interpreters/Transliterators in the educational setting shall accept only the employment for which they are qualified based on their certification level and consumers involved and should request compensation commensurate with that level, (v) Interpreters/Transliterators shall function in a manner appropriate to the situation, (vi) Interpreters/Transliterators shall accept assigned responsibility and authority for their role as members of the educational team. They will abide by and enforce federal , state, school district and individual school regulations. (vii) Interpreters/Transliterators shall strive to further professional knowledge and skills through participation in workshops, professionals meetings, interaction with professional colleagues and reading of current literature in the field. (viii) Interpreters/Transliterators are encouraged to support the profession by striving to maintain or improve related skills, knowledge and application of those skills. (4) Classifications shall be based on the points awarded by evaluators during the classification process. Classifications levels shall be as follows: (A) NCICS-C: fa) {i} " Trainee Class Trainee " is a two year temporary classification indicating the interpreter/transliterator exhibited only the minimal entry level skills necessary for becoming classified achieving 61-70 percent of the total possible points. This interpreter shall only be assigned to non-critical, slow-paced situations in which there would be the ability to stop the speaker for clarification. This interpreter shall not under any circumstances accept or be placed in any assignment which could be considered critical. This person shall be sent on assignments with an interpreter holding a Class A or N.R.I.D. certification whenever possible. ffe) (ii) "Class C" means an interpreter/transliterator with intermediate skills scoring 71-80 percent of the total possible points. This interpreter has demonstrated competency in all areas of interpreting and transliterating; however, it shall not be assumed that a Class C interpreter is capable of handling any and all situations. Critical medical and legal assignments shall be performed by Class A or 8:8 NORTH CAROLINA REGISTER July 15, 1993 653 PROPOSED RULES N.R.I.D. certified interpreters who have training and experience in these critical areas. {e) (iii) "Class B" is an interpreter/transliterator with comprehensive skills scoring 81-90 percent of the total possible points. This interpreter has demonstrated a high level of competency in all areas of interpreting and transliterating and has shown the ability to accurately convey most of the subtleties of emotion, in addition to concepts. fd) (i v) "Class A" is an interpreter/transliterator with advanced skills scoring the highest possible 91-100 percent of the total possible points. This interpreter has demonstrated the highest level of competency in all areas of interpreting and transliterating and has shown the ability to accurately convey all aspects of the spoken or signed message including nuances of emotion, content and intricate concepts. Class A interpreters with proven expertise or training shall be used in critical situations. This interpreter is qualified for G.S. 8B-6 assignments. £BJ NCICS-E: D) "Class Novice" is a two year temporary classification indicating the interpreter/transliterator exhibited only the minimal entry level skills necessary for becoming classified achieving 61- 70 percent of the total possible points. This interpreter shall only be assigned to slow paced, small group or individual situations in which there is an opportunity to preview the material and/or stop the speaker for clarification. This interpreter shall not under any circumstances accept or be placed in any assignment which could be considered critical (e.g., counseling sessions, achievement or psychological testing, medical emergencies.) Ever effort should be made to provide this person with a mentor who holds an "A" classification from the NCICS-C. "Advanced" classification from the NCICS-E, or certification from the National Registry of Interpreters for the Deaf. Iii) "Class Beginner" i_s an interpreter/transliterator with intermediate skills, scoring 71-80 percent of the total possible points. This interpreter has demonstrated proficiency in interpreting and transliterating; however, it shall not be assumed that a "Beginner" Classified interpreter is capable of handling any and all situations. Caution should be applied when considering highly technical material and critical out-of-class situations such as counseling sessions or psychological testing situations. A n interpreter/transliterator with this level should be able to competently handle situations in which there is an opportunity to stop the student or professional for clarification or repetition. (iii) "Class Intermediate" is an interpreter with comprehensive skills scoring 81-90 percent of the total possible points. This interpreter has demonstrated a high level of competency in most areas of interpreting and transliterating and has shown the ability to accurately convey most of the subtleties of emotion, in addition to concepts. This interpreter is qualified to handle most classroom situations with prior experience and some counseling and testing situation. An interpreter with this level should be able to effectively handle difficult, faster- paced communication where there may or may not be an opportunity to stop for clarification or repetition. (iv) "Class Advanced" \_s an interpreter/transliterator with advanced skills scoring the highest possible 91-100 percent of the total possible points. This interpreter has demonstrated the 654 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES highest level of competency in all areas of interpreting and transliterating and has shown the ability to accurately convey all aspects of the spoken or signed message including nuances of emotion, content and intricate concepts. An "Advanced" Classification is recommended for interpreting in counseling sessions, medical emergencies and psychological testing situation. An interpreter with this level can proficiently handle a full range of complex communication situations occurring in an educational environment. (5) All candidates shall receive written notification of their results within 30 45 calendar days of the date of their classification session. (6) Candidates who do not exhibit skills at the minimum Class Trainee or Novice Class level may reapply for classification 60 calendar days after receipt of the results of their previous classification session. £b] f?) All candidates receiving classification from the N.C.I.C.S. shall have the option of having their names, phone numbers and addresses or their names only printed in the North Carolina Interpreter Directory. This Directory shall provide a reference for all consumers of interpreters. It shall also be a reference for all agencies who must meet the requirements of hiring only qualified interpreters as set forth in G.S. 8B-6. (c) t%) Interpreters who hold national certification from the N.R.I.D., ef Class A, or Class Advanced level from the N.C.I.C.S. with proven experience in the respective area they are being called to interpret are qualified interpreters for the purpose of meeting requirements of G.S. 8B-6. Statutory Authority G.S. 8B-1(3); 8B-6; 143B-216.33. .0307 REVIEW AND APPEAL OF CLASSIFICATION DECISIONS (a) There shall be two bases upon which individuals may request a review of their classification: evaluator conduct and classification scoring. (1) {b) Evaluator Conduct. Evaluators are expected to conduct evaluations in a professional manner which will include but is not limited to: (4-A) refraining from discussion of the candidate before, during and after the classification process; (3B) maintaining alertness and attentiveness during the classification process; (3C) refraining from the display of any behavior which would negatively or positively influence the candidate; and (4D) maintaining confidentiality of all testing materials. (2) Classification Scoring, Results of NCICS candidate's performance are disputed due to dissatisfaction with the results awarded by the classification team. (eb) Requests for Informal Reviews. Applicants who are dissatisfied with their classification because of evaluator misconduct or classification scoring may request an informal review of their classification. The request shall be a written request sent to the State Coordinator within 30 calendar days of the applicant's receipt of the classification results. The request shall indicate whether it is based on evaluator misconduct or classification scoring. (1) If the request is based on evaluator misconduct, the nature of the evaluator's misconduct shall be specified. (2) If the request is related to classification scoring, the applicant shall: (A) Request a private viewing of the videotaped performance at the mutual convenience of the NCICS candidate and the NCICS State Coordinator. This meeting must be requested in writing not more than 30 calendar days after the applicant's receipt of classification results. This meeting shall be conducted at the administrative offices of the Division. (B) Should the candidate after viewing the videotaped performance remain dissatisfied with the results due to classification scoring, the candidate shall request a review of the videotaped classification by a classification review team. (dc) Review of Evaluator Conduct. If an applicant has requested an informal review that involves evaluator conduct, the State Coordinator shall conduct an investigation of the alleged misconduct and provide a written response to the 8:8 NORTH CAROLINA REGISTER July 15, 1993 655 PROPOSED RULES applicant within 45 calendar days of the Division's receipt of the request. The State Coordinator may request one additional 45-calendar-day extension from the Division Director if additional time is needed to conduct the investigation. (ed) Review of Classification Scoring: (1) If an applicant has requested a review of the videotaped classification, the State Coordinator shall appoint a classification review team composed of three members of whom at least one shall be hearing and one hearing-impaired. (2) The applicant shall have the right to reject participation of any classification review team member if the applicant can show that there is a conflict of interest or other situation that might impair the objectivity of the team member. (3) If the classification level resulting from the review team's classification is the same as that of the original classification team, the original classification level shall be accepted. If a different classification level is selected, the applicant shall be allowed to retest without any waiting period. (4) The State Coordinator shall provide the applicant a written response regarding the review team's scoring within 60 90 calendar days of the Division's receipt of the request. The State Coordinator may request one 50 45-calendar-day extension from the Division Director if additional time is needed to conduct the review. (fe) Appeals Hearing. An applicant who remains dissatisfied with the results of the informal review may request an appeals hearing according to the procedures in G.S. 150B, Article 3, and 10 NCAC IB .0200. The request must be submitted within the time specified in G.S. 150B-23(f)- The Division Director shall make the final agency decision in the appeal. Statutory Authority G.S. 8B-1(3); 8B-6; 143B-216.33; 150B, Article 3. .0308 MAINTENANCE OF CLASSIFICATIONS (a) All classifications shall be valid for two years and all except that of Trainee and Novice Class may be renewed provided the candidate presents evidence of skill maintenance. (b) N.R.I.D. certified individuals shall be expected to meet the maintenance requirements in order to continue to be recognized as qualified interpreters until such time the NRID has imple-mented a maintenance of certification program . (c) Skill maintenance shall be determined based upon the awarding of points. A total of 40 points shall be required for renewal of classification. A minimum of 10 of these points shall be earned from documented interpreter experience and a minimum of 10 points shall be earned from profes-sional training . The Division shall award points as follows: ( 1 ) one point for each ten hours of inter-preting experience. (2) one point for each one hour of training approved by the Division which is oriented toward enhancement of inter-preting practice, values and knowledge. Training which shall be recognized by the Division includes may include : (A) continuing education courses, (B) workshops, (C) seminars, (D) conferences, (E) lectures, (F) post secondary courses, (G) interpreter evaluation team participa-tion. (d) The candidate for reclassification shall submit evidence of skill maintenance to the State Coordinator at least 30 days before expiration of classification. (e) Forms for documentation of classification maintenance shall be available at any office of the Division. Statutory Authority G.S. 8B-1(3); 8B-6; 143B-216.33. .0309 RECIPROCITY Classification shall be granted without direct evaluation of skills by the following methods: (1) Individuals who hold a certification from a certifying body of another state may apply for a temporary classification under the N.C.I.C.S. The State Coordinator shall determine the level of reciprocity for each applicant on a case-by-case basis. The State Coordinator shall determine as accurately as possible the equivalency of the North Carolina interpreter classification to that which the applicant holds and shall award reciprocity one class lower than the 656 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES equivalency. Individuals shall make application to take the North Carolina interpreter classification within one year of being granted reciprocity. (2) Individuals holding nntional certification a Certificate of Interpretation and/or a Certification of Transliteration from N.R.I.D. shall be recognized under the N.C.I.C.S. system as having a correlative relationship with the Class A level and/or Class Advanced respectively . Statutory Authority 143B-216.33. G.S. 8B-1(3); 8B-6; TITLE 11 - DEPARTMENT OF INSURANCE Notice is hereby given in accordance with G.S. 150B-21.2 that the N. C. Department of Insurance intends to amend rule cited as 11 NCAC 16 .0302. 1 he proposed effective date of this action is October 1, 1993. Instructions on How to Demand a Public Hearing (must be requested in writing within 15 days of notice): A request for a public hearing must be made in writing, addressed to Ellen K. Sprenkel, N. C. Department of Insurance, P. O. Box 26387, Ra-leigh, NC 27611. This request must be received within 15 days of this notice. Reason for Proposed Action: To clarify current language. Lsomment Procedures: Written comments may be sent to Walter James, Actuarial Services, P.O. Box 26387, Raleigh, NC 27611. Anyone having ques-tions may call Walter James at 919-733-3284 or Ellen Sprenkel at 919-733-4529. CHAPTER 16 - ACTUARIAL SERVICES DIVISION SECTION .0300 - SMALL EMPLOYER GROUP HEALTH INSURANCE .0302 RESTRICTIONS ON PREMIUM RATES (a) Each class of business shall have its own rate manual. The rate manual will be used to: (1) Audit the actuarial certification with regards to the relationship of one em-ployer group to the others within a class; and (2) Determine compliance with the relation-ship of one class to the other classes. (b) The requirement in G.S. 58-50- 130(b) (2) that within a class the premium rates charged during a rating period to small employers shall not vary from the index rate by more than 35 percent shall be met as follows: (1) The carrier shall calculate for each class of business, using the rate manual for that class, an index rate for each plan of benefits and for each small employer census within that class of business. (2) For each small employer within a given class of business, the carrier shall cal-culate the ratio of the premium rate charged the small employer during the rating period to the index rate for the census, plan of benefits, and class of business of that small employer calcu-lated in Subparagraph ( 1 ) of this Para-graph. (3) The ratio calculated in Subparagraph (2) of this Paragraph shall be between .65 and 1.35, inclusive. Other methods may be used if the results, using the method in this Paragraph, meet the require-ments of this Rule. (c) The requirement in G.S. 58-50-130(b)(l)that the index rate for a rating period for any class of business shall not exceed the index rate for any other class of business by more than 25 percent shall be met as follows: (1) The carrier shall define a representative census of its business and a representa-tive actuarially equivalent plan of bene-fits. (2) The carrier shall calculate an index rate based upon Subparagraph (1) of this Paragraph for each class of business. (3) The carrier shall identify the class of business with the lowest index rate. (4) The ratio of the index rate calculated for each class of business in Subpara-graph (2) of this Paragraph to the low-est index rate identified in Subpara-graph (3) of this Paragraph shall be between 1.00 and 1.25, inclusive. Any change in the representative census or repre-ss NORTH CAROLINA REGISTER July 15, 1993 657 PROPOSED RULES sentative actuarially equivalent plan of benefits used in Subparagraphs (1) through (4) of this Paragraph shall be specifically documented and the test must be performed on both the previous and new census or actuarially equivalent plan of benefits at the time of change; and the results of both tests shall be disclosed within the annual actuarial certification filing. Other methods may be used if the results, using the method in this Paragraph, meet the requirements of this Rule. (d) The acceptability of a proposed rate increase for a small employer for health benefit plans that satisfy Paragraphs (b) and (c) of this Rule, issued on or after January 1. 1992. shall be determined as follows: ( 1 ) Calculate a new business premium rate for the new rating period using the rate manual, the actual census and plan of benefits for the small employer at the beginning of the new rating period. (2) Calculate a now business premium rate for the prior rating period using the rate manual, the actual census and plan of benefits for the small employer at the beginning of the prior rating period. (3) Divide Subparagraph (1) of this Para-graph by Subparagraph (2) of this Paragraph and multiply this quotient by the gross premium in effect at the beginning of the prior rating period. This product is the maximum renewal premium for the new rating period associated with G.S. 58-50- 130(b)(3)a and G.S. 58-50-130(b)(3)c. (4) Subparagraph (3) of this Paragraph may be adjusted by a percentage of the gross premium in force before renewal. This percentage shall not exceed 15 percent per year prorated for the months elapsed between the previous and the new rating dates. (5) Multiply Subparagraph (3) of this Para-graph by one plus the percentage in Subparagraph (4) of this Paragraph. The maximum renewal gross premium is Subpara-graph (5) of this Paragraph if Paragraph (b) of this Rule is satisfied. If the resulting maximum renew-al gross premium calculated in Subparagraph (5) of this Paragraph does not satisfy Paragraph (b) of this Rule, then the maximum renewal gross premi-um shall be adjusted until Paragraph (b) of this Rule is satisfied. Other methods may be used if the results, using the method in this Paragraph, meet the requirements of this Rule. (e) The acceptability of a proposed rate increase for a small employer for health benefit plans that exceed the limits in Paragraphs (b) and (c) of this Rule and were issued before January 1, 1992, shall be determined as follows: (1) Calculate a new business premium rate for the new rating period using the rate manual, the actual census and plan of benefits for the small employer at the beginning of the new rating period. (2) Calculate a new business premium rate for the prior rating period using the rate manual, the actual census and plan of benefits for the small employer at the beginning of the prior rating period. (3) Divide Subparagraph (1) of this Para-graph by Subparagraph (2) of this Paragraph and multiply this quotient by the gross premium in effect at the beginning of the prior rating period. This product is the maximum renewal premium for the new rating period associated with G.S. 58-50- 130(b)(7)a and G.S. 58-50-130(b)(7)b. The maximum renewal gross premium in Subpara-graph (3) of this Paragraph is not subject to Para-graphs (b) and (c) of this Rule during a three-year transition period ending January 1, 1995. After January 1, 1995, the acceptability of a proposed rate increase for a small employer shall be based only on Paragraph (d) of this Rule. Other methods may be used if the results, using the method in this Paragraph, meet the requirements of this Rule. Statutory Authority G.S. 58-2-40; 58-50-1 30(b). TITLE 15A - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES Notice is hereby given in accordance with G.S. 150B-21.2 that the EHNR - Environmental Man-agement Commission intends to amend rules cited as 15A NCAC2B .0305, .0308, .0315 and .0316. 1 he proposed effective date of this action is December 1, 1993. Instructions on How to Demand a Public Hearing (must be requested in writing within 15 days of notice): Any person requesting that the Environ-mental Management Commission conduct a public hearing on any of these proposed amendments must submit a written request to Suzanne Keen, 658 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES Division of Environmental Management, Water Quality, P.O. Box 29535, Raleigh, NC 27626- 0535 by August 1 , 1993. The request must specify which rule the hearing is being requested on. Mailed written requests must be postmarked no later than August 1, 1993. Reason for Proposed Action: To amend the surface water quality classifications of specific waters across the state to protect their primary recreational uses. Ksomment Procedures: All persons interested in these proposed amendments are encouraged to submit written comments. Comments must be postmarked by August 16, 1993 and submitted to Suzanne Keen, Division ofEnvironmental Manage-ment, Water Quality, P.O. Box 29535, Raleigh, NC 27626-0535. CHAPTER 2 - ENVIRONMENTAL MANAGEMENT SUBCHAPTER 2B - SURFACE WATER STANDARDS: MONITORING SECTION .0300 - ASSIGNMENT OF STREAM CLASSIFICATIONS .0305 WATAUGA RIVER BASIN (a) Places where the schedule may be inspected: (1) Clerk of Court: Avery County Watauga County (2) North Carolina Department of Environ-ment, Health, and Natural Resourcesi Asheville Regional Office Interchange Building 59 Woodfin Place Asheville, North Carolina (b) Unnamed Streams. Such streams entering the State of Tennessee are classified "C." (c) The Watauga River Basin Schedule of Classifications and Water Quality Standards was amended effective: (1) August 12, 1979; (2) February 1, 1986; (3) October 1, 1987; (4) August 1, 1989; (5) August 1, 1990; (6) December 1, 1990; (7) April 1, 1992; (8) August 3, 1992; (9) February 1, 1993; (10) December 1, 1993. (d) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin was amended effective July 1, 1989 as follows: (1) Dutch Creek (Index No. 8-11) was reclassified from Class C-trout to Class B-trout. (2) Pond Creek (Index No. 8-20-2) from water supply intake (located just above Tamarack Road) to Beech Creek and all tributary waters were reclassified from Class WS-III to C. (e) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin was amended effective December 1, 1990 with the reclassification of the Watauga River from the US Highway 321 bridge to the North Carolina/Tennessee state line from Class C to Class B. (f) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin was amended effective April 1, 1992 with the reclassification of Pond Creek from Classes WS-III and C to Classes WS-III Trout and C Trout. (g) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effec-tive on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. (h) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin has been amended effective February 1, 1993 with the reclassification of Boone Fork (Index No. 8-7) and all tributary waters from Classes C Tr HQW and C HQW to Classes C Tr ORW and C ORW. £i) The Schedule of Classifications and Water Quality Standards for the Watauga River Basin has been amended effective December 1^ 1993 with the reclassification of the Elk River from Peavine Branch to the North Carolina/Tennessee state line rindex No. 8-22-(3)l from Class C Tr to Class B 8:8 NORTH CAROLINA REGISTER July 15, 1993 659 PROPOSED RULES Tr. Statutory Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). .0308 CATAWBA RIVER BASIN (a) Places where the schedules may be inspect-ed: (1) Clerk of Court: Alexander County Avery County Burke County Caldwell County Catawba County Gaston County Iredell County Lincoln County McDowell County Mecklenburg County Union County Watauga County (2) North Carolina Department of Environ-ment, Health, and Natural Resources: (A) Mooresville Regional Office 919 North Main Street Mooresville, North Carolina (B) Asheville Regional Office Interchange Building 59 Woodfin Place Asheville, North Carolina (b) Unnamed Streams. Such streams entering South Carolina are classified "C". (c) The Catawba River Basin Schedule of Classi-fications and Water Quality Standards was amend-ed effective: (1) March 1, 1977; (2) August 12, 1979; (3) April 1, 1982; (4) January 1, 1985; (5) August 1, 1985; (6) February 1, 1986; (7) March 1, 1989; (8) May 1, 1989; (9) March 1, 1990; (10) August 1, 1990; (11) August 3, 1992; (12) December 1, 1993. (d) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective March 1, 1989 as follows: (1) Wilson Creek (Index No. 11 -38-34) and all tributary waters were reclassified from Class B-trout and Class C-trout to Class B-trout ORW and Class C-trout ORW. (e) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective May 1, 1989 as follows: (1) Henry Fork [Index Nos. 11-129-1-(1) and 11-1 29- 1 -(2)] from source to Laurel Creek, including all tributaries, were reclassified from Class WS-I, C and C trout to Class WS-I ORW, C ORW and C trout ORW, except Ivy Creek and Rock Creek which will remain Class C trout and Class C. (2) Jacob Fork [Index Nos. 1 1-129-2- (1) and 1 1-129-2-(4)] from source to Camp Creek, including all tributaries, were reclassified from Class WS-III trout and WS-III to WS-III trout ORW and WS-III ORW. (f) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective March 1, 1990 as follows: (1) Upper Creek [Index No. ll-35-2-(l)] from source to Timbered Branch including all tributaries except Timbered Branch (Index No. 1 1-35-2-9) was reclassified from Class C Trout to Class C Trout ORW. (2) Steels Creek [Index No. 1 1-35-2-12(1)] from source to Little Fork and all tributaries was reclassified from Class C Trout to Class C Trout ORW. (g) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. (h) The Schedule of Classifications and Water Quality Standards for the Catawba River Basin was amended effective December 1^ 1993 as follows: (1} Friday Lake rindex No. 1 1-125.51 from its source to Little Paw Creek was reclassified from Class C to Class B. 121 The Linville River rindex No. 12-29- 660 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES (1)1 from Grandmother Creek to Linville Falls was reclassified from Class C Tr to Class B Tr. Statutory Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). .0315 NEUSE RIVER BASIN (a) Places where the schedule may be inspected: (1) Clerk of Court: Beaufort County Carteret County Craven County Durham County Franklin County Granville County Greene County Johnston County Jones County Lenoir County Nash County Orange County Pamlico County Person County Pitt County Wake County Wayne County Wilson County (2) North Carolina Department of Environment, Health, and Natural Resources: (A) Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina (B) Washington Regional Office 1424 Carolina Avenue Washington, North Carolina (C) Wilmington Regional Office 127 Cardinal Drive Wilmington, North Carolina (b) The Neuse River Basin Schedule of Classification and Water Quality Standards was amended effective: (1) March 1, 1977; (2) December 13, 1979; (3) September 14, 1980; (4) August 9, 1981; (5) January 1, 1982; (6) April 1, 1982; (7) December 1, 1983; (8) January 1, 1985; (9) August 1, 1985; (10) February 1, 1986; (11) May 1, 1988; (12) July 1, 1988; (13) October 1, 1988; (14) January 1, 1990; (15) August 1, 1990; (16) December 1, 1990; (17) July 1, 1991; (18) August 3, 1992; (19) December 1, 1993. (c) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin has been amended effective July 1, 1988 as follows: (1) Smith Creek [Index No. 27-23-(l)] from source to the dam at Wake Forest Reservoir has been reclassified from Class WS-III to WS-I. (2) Little River [Index No. 27-57-(l)] from source to the N.C. Hwy. 97 Bridge near Zebulon including all tributaries has been reclassified from Class WS-III to WS-I. (3) An unnamed tributary to Buffalo Creek just upstream of Robertson's Pond in Wake County from source to Buffalo Creek including Leo's Pond has been reclassified from Class C to B. (d) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin has been amended effective October 1, 1988 as follows: (1) Walnut Creek (Lake Johnson, Lake Raleigh) [Index No. 27-34-(l)]. Lake Johnson and Lake Raleigh have been reclassified from Class WS-III to Class WS-III & B. (2) Haw Creek (Camp Charles Lake) (Index No. 27-86-3-7) from the backwaters of Camp Charles Lake to dam at Camp Charles Lake has been reclassified from Class C to Class B. (e) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin has been amended effective January 1, 1990 as follows: (1) Neuse-Southeast Pamlico Sound ORW Area which includes all waters within a line beginning at the southwest tip of Ocracoke Island, and extending north west along the Tar-Pamlico River Basin and Neuse River Basin boundary line to Lat. 35° 06' 30", thence in a southwest direction to Ship Point and all tributaries, were reclassified from Class SA NSW to Class SA NSW ORW. (2) Core Sound (Index No. 27-149) from northeastern limit of White Oak River Basin (a line from Hall Point to Drum 8:8 NORTH CAROLINA REGISTER July 15, 1993 661 PROPOSED RULES Inlet) to Pamlico Sound and all tributaries, except Thorofare, John Day Ditch were reclassified from Class SA NSW to Class SA NSW ORW. (f) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective December 1, 1990 with the reclassification of the following waters as described in (1) through (3) of this Paragraph. (1) Northwest Creek from its source to the Neuse River (Index No. 27-105) from Class SC Sw NSW to Class SB Sw NSW; (2) Upper Broad Creek [Index No. 27-106-(7)] from Pamlico County SR 1103 at Lees Landing to the Neuse River from Class SC Sw NSW to Class SB Sw NSW; and (3) Goose Creek [Index No. 27-107-fl 1)] from Wood Landing to the Neuse River from Class SC Sw NSW to Class SB Sw NSW. (g) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective July 1, 1991 with the reclassification of the Bay River [Index No. 27-150-0)] within a line running from Flea Point to the Hammock, east to a line running from Bell Point to Darby Point, including Harper Creek, Tempe Gut, Moore Creek and Newton Creek, and excluding that portion of the Bay River landward of a line running from Poorhouse Point to Darby Point from Classes SC Sw NSW and SC Sw NSW HQW to Class SA NSW. (h) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100. .0200 and .0300) which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. (i) The Schedule of Classifications and Water Quality Standards for the Neuse River Basin was amended effective December 1, 1993 as follows: Hi Lake Crabtree rindex No. 27-33-0)1 was reclassified from Class C NSW to Class B NSW. (2) The Eno River from Orange County State Road 1561 to Durham County State Road 1003 rindex No. 27-10-06)1 was reclassified from Class WS-IV NSW to Class WS-IV&B NSW. (3) Silver Lake [Index No. 27-43-51 was reclassified from Class WS-III NSW to Class WS-HI&B NSW. Statutory Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). .0316 TAR-PAMLICO RIVER BASIN (a) Places where the schedule may be inspected: (1) Clerk of Court: Beaufort County Dare County Edgecombe County Franklin County Granville County Halifax County Hyde County Martin County Nash County Pamlico County Person County Pitt County Vance County Warren County Washington County Wilson County (2) North Carolina Department of Environment, Health, and Natural Resources: (A) Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina (B) Washington Regional Office 1424 Carolina Avenue Washington, North Carolina (b) Unnamed Streams. All drainage canals not noted in the schedule are classified "C Sw," except the main drainage canals to Pamlico Sound and its bays which will be classified "SC." (c) The Tar-Pamlico River Basin Schedule of Classification and Water Quality Standards was amended effective: (1) March 1, 1977; (2) November 1, 1978; (3) June 8, 1980: (4) October 1, 1983; (5) June 1, 1984; 662 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES (6) August 1, 1985; (7) February 1, 1986; (8) August 1, 1988; (9) January 1, 1990; (10) August 1, 1990; (11) August 3, 1992; (12) December 1, 1993. (d) The Schedule of Classifications and Water Quality Standards for the Tar-Pamlico River Basin has been amended effective August 1, 1988 as follows: (1) Tar River (Index No. 28-94) from a point 1.2 miles downstream of Broad Run to the upstream side of Tranters Creek from Class C to Class B. (e) The Schedule of Classifications and Water Quality Standards for the Tar-Pamlico River Basin has been amended effective January 1 , 1990 by the reclassification of Pamlico River and Pamlico Sound [Index No. 29-(27)] which includes all waters within a line beginning at Juniper Bay Point and running due south to Lat. 35° 18' 00", long. 76° 13' 20", thence due west to lat. 35° 18' 00", long 76° 20' 00", thence northwest to Shell Point and including Shell Bay, Swanquarter and Juniper Bays and their tributaries, but excluding the Blowout, Hydeland Canal, Juniper Canal and Quarter Canal were reclassified from Class SA and SC to SA ORW and SC ORW. (f) The Schedule of Classifications and Water Quality Standards for the Tar-Pamlico River Basin has been amended effective January 1, 1990 by adding the supplemental classification NSW (Nutri-ent Sensitive Waters) to all waters in the basin from source to a line across Pamlico River from Roos Point to Persimmon Tree Point. (g) The Schedule of Classifications and Water Quality Standards for the Tar-Pamlico River Basin was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effec-tive on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes. (h) The Schedule of Classifications and Water Quality Standards for the Tar-Pamlico River Basin was amended effective December 1^ 1993 with the reclassification of Blounts Creek from Herring Run to Blounts Bay flndex No. 29-9-1 -(3)1 from Class SC NSW to Class SB NSW. Statutory Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Wildlife Re-sources Commission intends to amend rules cited as 15A NCAC 10F .0102 - .0103, .0301. 1 he proposed effective date of this action is October 1, 1993. A he public hearing will be conducted at 10:00 a.m. on August 2, 1993 at the Archdale Building, Room 332, 512 N. Salisbury Street, Raleigh, NC 27604-1188. K.eason for Proposed Action: 15A NCAC 10F .0102 - .0103 - To extend the temporary certificates of number for vessels from 30 days to 60 days. ISA NCAC 10F .0301 - To require designated suitable agencies to obtain written permission prior to marking a duly established no-wake zone. Lsomment Procedures: Interested persons may present their views either orally or in writing at the hearing. In addition, the record of hearing will be open for receipt of written comments from July 15, 1993 to August 14, 1993. Such written comments must be delivered or mailed to the N. C. Wildlife Resources Commission, 512 N. Salisbury Street, Raleigh, NC 27604-1188. CHAPTER 10 - WILDLIFE RESOURCES AND WATER SAFETY SUBCHAPTER 10F - MOTORBOATS AND WATER SAFETY SECTION .0100 - MOTORBOAT REGISTRATION .0102 APPLICATION FOR CERTIFICATE OF NUMBER 8:8 NORTH CAROLINA REGISTER July 15, 1993 663 PROPOSED RULES (a) General : (1) Except as provided in Subparagraph (2) of this Paragraph, the owner of any motorboat principally used in the State of North Carolina shall, prior to its use, apply for a certificate of number on an official application form provided by the Wildlife Resources Commission. (2) Motorboats owned by the United States, a state, or a subdivision thereof are exempt from required numbering, but may be numbered under the provisions of Rule .0104(a)(5) of this Section. Motorboats owned and operated by non-profit rescue squads are required to be numbered, but if they are operated exclusively for rescue purposes, includ-ing rescue training, they may be num-bered without charge as by a govern-mental entity as provided by Rule .0104 (a)(5) of this Section. (3) Pending receipt of a regular certificate of number, a motorboat may be operat-ed for not more than 50 60 days under a temporary certificate of number. (See Rule .0103 of this Section) (4) Application forms may be obtained by applying to the Wildlife Resources Commission at the address shown in Subparagraph (a)(5) of this Rule, to any boat dealer or boat manufacturer who is qualified as an agent for the purpose of issuing temporary certificates of num-ber [See Rule .0103(d) of this Section], or to any North Carolina certified hunting and fishing license agent. (5) The completed application shall be forwarded to: Motorboat Registration Section, Wildlife Resources Commis-sion, Archdale Building, 512 North Salisbury Street, Raleigh, North Caroli-na 27611. (b) Individual Owners. The application shall contain the following information: ( 1 ) name of owner; (2) address of owner, including zip code; (3) date of birth of owner; (4) citizenship of owner; (5) state of principal use of vessel; (6) present or previous boat number (if any); (7) desired period of registration (one or three years); (8) use of vessel (pleasure, livery, demon-stration, commercial passenger, com-mercial fishing, other); (9) make of vessel (if known); (10) year of manufacture or model year (if known); (11) manufacturer's hull identification num-ber (if any); (12) overall length of vessel; (13) type of vessel (open, cabin, house, other); (14) hull material (wood, steel, aluminum, fiberglass, plastic, other); (15) type of propulsion (inboard, outboard, inboard-outdrive, sail, and engine make if available); (16) type of fuel (gasoline, diesel, other); (17) certification of ownership; (18) signature of owner. (c) Livery Motorboat Owners. The registration and numbering requirements of this Section shall apply to livery motorboats, except that in any case where the motor is not rented with the vessel, the description of the motor and type of fuel may be omitted from the application. (d) Dealers and Manufacturers (1) The registration and numbering require-ments of this Section shall apply to dealers in and manufacturers of motor-boats. (2) Application for a certificate of number shall be made on the approved applica-tion form prescribed in this Regulation. Dealers and manufacturers shall certify that they are dealers or manufacturers, whichever the case may be. (3) The application, accompanied by a fee of five dollars and fifty cents ($5.50), or thirteen dollars ($13.00) in check or money order as appropriate in accor-dance with the provisions of Subpara-graph (2) of Paragraph (a) of this Rule, shall be forwarded to the address stated in this Rule. [see Subparagraph .0102(a)(5) of this Rule]. (4) Upon receipt by the Wildlife Resources Commission of a properly completed application and fee, it shall issue to the applicant a dealer's or manufacturer's certificate of number as appropriate, which may be used in connection with the operation of any motorboat in the possession of such dealer or manufacturer, when the boat is being used for demonstrative purposes. Additional dealers' or manufacturers' certificates of number may be obtained 664 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES > ) I by making application in the same manner as prescribed for the initial certificate with payment of an additional fee of five dollars and fifty cents ($5.50), or thirteen dollars ($13.00) in check or money order as appropriate in accordance with the provisions of Subparagraph (2) of Paragraph (a) of this Rule, for each additional certificate. (5) Dealers and manufacturers have the option of registering individual motorboats on a permanent basis under the provisions of Paragraph (b) of this Rule. (6) A "manufacturer" as the term is used in these regulations is defined as a person, firm, or corporation engaged in the business of manufacturing vessels either upon prior commission or for the purpose of selling them after manufacture. A "dealer" as the term is used in these regulations is defined as a person, firm, or corporation engaged in the business of offering vessels for sale at retail or wholesale from an established location or locations. Authority G.S. 75A-3; 75A-5; 75A-7; 75A-19; 33 C.F.R. 174.17. .0103 TRANSFER OF OWNERSHIP (a) Transfer Direct from One Individual Owner to Another Individual Owner (1) If the ownership of a registered motorboat is changed during the registration period, the owner shall complete the statement of transfer on the reverse side of the certificate of number, date as of the day of the transaction, sign, and deliver to the new owner. (2) The new owner shall apply for a new certificate of number on an official application form. The original number must be retained when a vessel numbered is again registered as a motorboard motorboat . (3) For 50 60 days following the transfer of ownership of a registered motorboat during the registration period, the new owner may use the certificate of number of the prior owner as a temporary certificate of number pending receipt of his own certificate; provided, the certificate is endorsed in accordance with Subparagraph (a)(1) of this Rule. In the event the transfer occurs during the 30 60 days prior to expiration of the registration period, the original certificate will still be honored up to the full period of 30 60 days as a temporary certificate even though it would otherwise have expired. Where transfer of ownership from one individual to another occurs after the expiration of the registration period, the certificate of number may not be used by the new owner. (b) Transfer of a Previously-Registered Motorboat Through a Dealer (1) The owner transferring his motorboat to a dealer during the registration period shall give the certificate of number to the dealer after dating and signing the statement of transfer on the reverse side of the certificate on the day of the transaction. (2) When the motorboat is sold by the dealer, he shall date and sign the certificate of number on the reverse side on the day of the transaction and deliver it to the new owner. (3) For a period of 30 60 days following the transfer of ownership of a registered motorboat from or through a dealer to a new owner, the new owner may use the certificate of the prior individual owner as a temporary certificate of number pending receipt of his own certificate; provided: (A) The certificate is endorsed in accordance with Subparagraphs (1) and (2) of this Paragraph. (B) The original owner endorsed the certificate to the boat dealer while it was still in force, and (C) The boat dealer's sale and endorsement occurs while the registration certificate is still in force. (4) Except as permitted above, a certificate of number may not be used after the expiration of the registration period. (c) Transfer of an Individually-Registered Motorboat by a Dealer or Manufacturer. Motorboats individually numbered by dealers or manufacturers shall upon transfer of ownership be governed by the provisions of Paragraph (a) of this Rule. (d) Temporary Certificate of Number 8:8 NORTH CAROLINA REGISTER July 15, 1993 665 PROPOSED RULES (1) Upon acquisition of a motorboat not previously numbered or a motorboat the registration of which has expired, the new owner may transmit with his application for the regular certificate of number a request for a temporary certificate of number. The request must state the date the vessel was acquired by the applicant. For a period not exceeding 30 60 days following the date of acquisition, the motorboat may be operated on the temporary certificate of number pending receipt of the regular certificate from the Wildlife Resources Commission. (2) In order to make temporary certificates of number available locally within the State, boat dealers and manufacturers who conduct business from established locations in North Carolina may be designated agents of the Wildlife Resources Commission for the purpose of issuing temporary certificates of motorboat number. To qualify as an agent for this purpose, such dealer or manufacturer must enter into a written agreement with the Wildlife Resources Commission by which he assumes responsibility for conducting the boat registration agency as a public service and in strict compliance with these regulations. Upon approval and ratification of such agreement by the Executive Director or his designee, the agent will be furnished with a supply of the temporary certificate forms together with forms for use in applying for the regular certificate of motorboat number. The forms for temporary certificate of number are serially numbered and are prepared in triplicate so as to provide an original (Part 1) and two copies (Parts 2 and 3). (3) The A boat registration agency fer issuing temporary certificates of motorboat number shall be conducted in accordance with the following requirements and restrictions: (A) The temporary certificates of number shall be issued without charge. (B) There shall be no substitute for the printed form of certificate supplied by the Wildlife Resources Commission. No agent shall issue any other writing purporting to authorize the use of an unregistered motorboat. (C) The certificates shall be issued consecutively in the order in which they are serially numbered, beginning with the lowest number. (D) When the vessel has been acquired from a source other than the agent, a temporary certificate of number shall not be issued unless and until the owner produces a bill of sale or other memorandum of transfer which identifies the vessel and which has been dated, signed and acknowledged by the transferor before a notary public or other officer authorized to take acknowledgements. (E) All information called for on the temporary certificate of number shall be properly entered in the spaces provided, including the date of expiration of the certificate which shall be the 30th 60th day following the date of acquisition of the vessel by the owner. (F) The temporary certificate must be signed by the owner. The agent shall deliver to the owner Part 1 of the certificate and a form with which to apply for the regular certificate of number. (G) Within 30 days following the issuance of a temporary certificate of number, the agent shall transmit Part 2 thereof to the Wildlife Resources Commission at the address indicated in Rule .0102(a)(5) of this Section. If a bill of sale or other memorandum of transfer has been required, the original or a copy thereof shall be attached to the commi ss ion' s Commission's copy of the temporary certificate of number. (H) The agent shall retain Part 3 of the temporary certificate of number for a period of at least one year and shall permit inspection thereof during business hours by any law enforcement officer or authorized personnel of the commi ss ion Commission . (I) No agent shall knowingly issue more than one temporary certificate of number for the same vessel during any calendar year. (J) No agent shall assume responsibility 666 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES * > I for making application for a regular certificate of motorboat number on behalf of any owner. (K) Upon termination of ae a boat registration agency te — issue which issues temporary certificates of motorboat number, all copies (Parts 3) of such certificates theretofore issued and all unused forms for temporary certificates of number then remaining in possession of the terminated agency shall be delivered to the Wildlife Resources Commission or to a commission Commission employee. (4) Ah A boat registration agency fef i ssuing which issues temporary certificates of motorboat number, being a mutual and voluntary undertaking, may be terminated at any time, with or without cause, by either party thereto by giving a notice of such termination to the other party. (5) Every owner of a motorboat who obtains a temporary certificate of number from a local agent as provided by this Section shall, not later than 24 hours thereafter, transmit his application for the regular certificate of motorboat number, together with the appropriate fee, to the Wildlife Resources Commission at the address indicated in Rule .0102(a)(5) of this Section. (6) In order to be valid, the temporary certificate of boat number must contain the following: (A) full name and address of issuing agent; (B) full name and address of purchaser, including zip code; (C) previous registration number, if any (if none, so state); (D) state of principal use of vessel; (E) make of vessel; (F) length in feet; (G) hull material; (H) kind of propulsion; (I) date of purchase of boat; (J) date of application for regular certificate of number; (K) expiration date of temporary certificate; (L) signature of purchaser. (7) Temporary certificates of number can be issued by boat registration agents when certificates of number requiring corrections other than address or name changes are presented for renewal or when the agent finds that an error has been made in validating the certificate of number. Agents issuing temporary certificates of number under this section must comply with 15A NCAC 10G .0204(c)(5). (e) Demonstration and Use of Vessels Held by Dealers (1) Demonstration of registered motorboats held by dealers for sale may be with the use of the certificate of number endorsed by the original owner so long as the registration is in force. Any dealer or any permittee of a dealer demonstrating a motorboat must utilize a set of dealer's numbers and the corresponding dealer's certificate of number on such vessel after the original certificate of number has expired. The dealer's numbers and certificate of number may, however, be used during demonstrations before the end of the registration period at the option of the dealer. In any event, where a set of dealer's numbers is used upon a previously-numbered vessel, the original numbers must be covered in accordance with Rule .0106(c) of this Section. (2) Dealers who have bought or otherwise possess motorboats for resale and who wish to operate or lend out such motorboats for more general uses than for demonstration only must have the individual motorboat registrations transferred to their names. Authority G.S. 75A-3; 75A-5; 75A-19; 33 C.F.R. 174.21. SECTION .0300 - LOCAL WATER SAFETY REGULATIONS .0301 GENERAL PROVISIONS (a) Applicability. Except as limited by the subject matter, all of the provisions of this Rule apply to all public waters located within the territorial limits of the counties and municipalities in which special regulations are set forth for specific waters or regulated areas by the succeeding rules. 8:8 NORTH CAROLINA REGISTER July 15, 1993 667 PROPOSED RULES (b) Definitions. Unless the context requires otherwise, the definitions used in Chapter 75A of the General Statutes of North Carolina apply within these regulations. In addition, the following definitions apply in these regulations: (1) Commission. North Carolina Wildlife Resources Commission; (2) Executive Director. Executive director Director of the commission Commission ; (3) No-Wake Speed. Idle speed or a slow speed creating no appreciable wake; (4) Uniform System. Uniform Waterway Marking System and the supplementary standards for such system promulgated by the commission Commission . (c) Marking of Regulated Areas. The Executive Director may designate agencies for placement and maintenance of markers for regulated areas established by rules promulgated pursuant to this Section. The agency designated by the Executive Director may delegate the actual placement and maintenance of such markers to some other agency, corporation, group or individual, so long as the designating agency exercises supervisory authority over such agency, corporation, group or individual. Prior to marking a restricted zone established pursuant to G.S. 75A-15, the designated agency for placement and maintenance of the markers must obtain written approval from the Executive Director by making a written request for permission to mark the area specifically described therein. Enforcement of the restrictions set forth in Rule .0302 et seq. of this Section is dependent upon placement and maintenance of adequate marking of the regulated areas by suitable agencies, as designated in those rules, in accordance with the requirements of the Uniform Waterway Marking System and the supplementary standards for such system promulgated by the Commission. Unless a specific variance is granted, placement and maintenance of the markers must be and remain in accordance with the uniform system. The Executive Director or his representative is instructed to supervise and approve placement and maintenance of individual markers to insure full implementation of the objectives of the uniform system. (d) Implementation of Uniform Waterway Marking System. Except where done by virtue of the supervening federal authority, it is unlawful for anyone to place, maintain, or to allow to remain in place, any regulatory markers or navigational aids of the sort included in the uniform system in any waters without authorization of the Commission. The Executive Director is authorized to approve placement of the navigational aids, informational markers, and regulatory markers warning of dangers and not requiring enforcement sanctions, in accordance with both public interest in recreational use and water safety and in accordance with the policies embodied in the uniform system. (e) Removal of Unauthorized Markers. Markers or navigational aids which do not conform to the specifications of the uniform system or which are placed without lawful authority or permission, where the person responsible for the actual placement cannot be feasibly determined, may be removed by agents of the Commission. Nonconforming markers as to which the person responsible for placement and maintenance is known, may nevertheless be removed by agents of the Commission if such markers are likely to mislead the public or cause a dangerous situation. Where agents of the Commission discover authorized markers which have been improperly placed or are defective through lack of maintenance, such agents may serve written notice upon the person responsible for such improper placement or for the maintenance of the marker concerned. If, within 10 days no action has been taken in accordance with the notice given, such default constitutes a violation of these regulations. (f) Miscellaneous Restrictions. Except for mooring buoys or markers as to which it is specifically permitted, it is unlawful to tie a vessel to any waterway marker. It is unlawful for any unauthorized person to move, remove, damage, obstruct, paint over, or in any way tamper with any marker lawfully placed in the waters of North Carolina in conformity with these regulations or the uniform system generally. (g) Supplementary Standards. The standards listed in this Paragraph are supplementary to the Uniform Waterway Marking System and shall be applicable as indicated in the succeeding rules of this Section to the areas of water thereby regulated: (1) The perimeter of swimming areas in the water must be marked with float lines which, in conjunction with the shoreline, form a completely enclosed area. The total enclosed area may not exceed 5,000 square feet without special permission from the Executive Director or his authorized representative. In any event, such area may not extend out into the water sufficiently as to restrict travel unduly on any regular navigational channel or 668 8:8 NORTH CAROLINA REGISTER July 15, 1993 PROPOSED RULES > ) > otherwise to obstruct passage of vessels in reasonably using the waters. (2) Float lines must have attached floats along their length at intervals of not less than one every 10 feet. (3) Floats must be buoyant enough to float at the surface of the water while attached to the float line, but no float may exceed a size of 18 inches as measured across its largest dimension. (4) Floats may be solid or hollow and preferably should be of plastic or other light and resilient material not likely to cause injury should one strike a swimmer in the water. (5) Floats must be either solid white or solid international orange in color. Float lines may consist of all white floats or of alternating white and orange floats. (6) Buoys or floating signs indicating the "boats-keep-out" symbol of the uniform system and in conformity with its standards must be attached to the float lines at such points as necessary to give warning to the vessels approaching the swimming area from various directions. (7) Float lines and warning markers must be anchored securely to prevent them from shifting position to any apprecia-ble extent under normal conditions. (8) All markers warning of a no-wake speed zone around certain facilities must be buoys or floating signs placed in the water at a distance of not greater than 50 yards from the protected facili-ty. The markers must be sufficient in number and size as to give adequate warning of the restriction to the vessels approaching from various directions. (9) The boundaries of mooring areas may be defined by the placement of the speed zone warning markers themselves or by such warning markers plus addi-tional boundary floats or markers that may be approved by the Executive Director or his representative. Statutory Authority G.S. 75A-3; 75A-15. TITLE 19A - DEPARTMENT OF TRANSPORTATION Jylotice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Department of Transportation intends to amend rules cited as 19 A NCAC2D .0602, .0607. 1 he proposed effective date of this action is November 1, 1993. Instructions on How to Demand a Public Hearing (must be requested in writing within 15 days of notice): A demand for a public hearing must be made in writing and mailed to N. C. Department of Transportation, P.O. Box 25201, Raleigh, NC 27611, Attn: Emily Lee. The demand must be received within 15 days of this Notice. K.eason for Proposed Action: 19A NCAC 2D .0602 - States responsibility for injury and damage for oversize permit vehicles. 19A NCAC 2D .0607 - Clarifies conditions of oversize/overweight vehicles and adds additional weight and axle information. Ksomment Procedures: Any interested person may submit written comments on the proposed rules by mailing the comments to: N. C. Department of Transportation, P.O. Box 25201, Raleigh, NC 27611 , Attn: Emily Lee, within 30 days after the proposed rule is published or until the date of any public hearing held on the proposed rule, whichev-er is longer. CHAPTER 2 - DIVISION OF HIGHWAYS SUBCHAPTER 2D - HIGHWAY OPERATIONS SECTION .0600 - OVERSIZE-OVERWEIGHT PERMITS .0602 PERMITS-ISSUANCE AND FEES (a) Permits may be issued ef for movements of loads which cannot be reasonably divided, disman-tled or disassembled, or so loaded to meet legal requirements. Permits are issued on authorized forms with appropriate designation for qualifying moves. To be valid, a permit must be signed by the permittee and carried in the towing unit while permitted load is in transit. A permit issued by the Department is not valid for travel over munici-pal streets (Defined as streets or highways not maintained by the State of North Carolina). Permitted vehicles will not travel in convoy. The 8:8 NORTH CAROLINA REGISTER July 15, 1993 669 PROPOSED RULES permittee for any oversize/overweight movement assumes all responsibility for injury to persons or damage to property of any kind and agrees to hold the Department harmless for any claims arising out of his conduct or actions. Single trip permits may include a return trip to origin if requested at the time of original issuance and the return trip can be made within the valida-tion of such permit. No single trip permit request will be issued for a time period to exceed 30 days. Annual permits (blanket) are valid 12 months from the date of issuance. City Passenger Buses which exceed the weight limits in G.S. 20-1 18(f) may be issued permits for operation on the highways of the state in the vicinity of the municipality and to qualify the vehicle for license. f4-) Single trip permits may include a return trip to origin if requested at the time of original issuance and the return trip can be made within the validation of such permit.—No single trip permit request will be issued for a time period to exceed 30 days. (3) Annual permits (blanket) are valid 12 months—from—the—date — of i ssuance. They may be i s sued for: {A) — Permitted loads up to 10' wide autho rizing travel on all roads; {&)—Up to but not to exceed a width of a 12' authorizing travel on North Caro kfra; — Interstate—and—US — highways. Provided, mobile/modular homes not to exceed a width of a 1 4 ' unit with an allowable—roof overhang not to exceed 12" may also be authorized to travel on des ignated North Carolina, Interstate and US highways. 0) City Passenger Buses which exceed the weight limits in GS 20 118(f) may be issued permits for operation on the highways of the state in th e vicinity of the — municipality—and—te — qualify the vehicle for license. (b) A fee will be collected as specified in G.S. 20-1 19(b). Only cash, certified check, money order or company check will be accepted. No personal checks will be accepted. Permittees with established credit accounts will be billed monthly for permits issued for the previous month. A4i fees collected are to be processed in accordance with DOT Field Policy Procedure Manual. Chapter 6, Section 22. Provided, the following exemptions of fees shall apply to permits i ss ued: fh For house moves; {3} For movement of farm equipment by the farmer for agricultural purposes; 0} To any agency of the United State Government; {4) The State of |