North Carolina register, April 1986 - June 1998

              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
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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
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)
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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