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RBR/KFN/74-34-/.A2/MG7 RECEIVED rjUL 2 1995 IAW LIBRARY The NORTH CAROLINA REGISTER IN THIS ISSUE IN ADDITION Tax Review Board ; ^ORTH TSTM ITIOM PROPOSED RULES Agriculture Environment, Health, and Natural Resources Human Resources Insurance Medical Examiners, Board of LIST OF RULES CODHTED RRC OBJECTIONS RULES INVALIDATED BY JUDICIAL DECISION CONTESTED CASE DECISIONS ISSUE DATE: July 1, 1993 Volume 8 • Issue 7 • Pages 503 - 640 INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE NORTH CAROLINA REGISTER TEMPORARY RULES I 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 ($105.00) 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. 27611-7447. 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. 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 mat 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 101 through 201 of the North Carolina Register issued on April 1, 1986. FOR INFORMATION CONTACT Office of Administrative Hearings, ATTN: Ru es Division, P.O. Drawer 27447, Raleigh, North Carolina 27611-7447, (919) 733-2678. 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 St., Deputy Director Molly Masich, Director ofAPA Services Staff: Ruby Creech, Publications Coordinator Teresa Kilpatrick, Editorial Assistant Jean Shirley, Editorial Assistant ISSUE CONTENTS I. IN ADDITION Tax Review Board 503 II. PROPOSED RULES Agriculture N.C. State Fair 506 Plant Industry 513 Veterinary Division 515 Environment, Health, and Natural Resources Coastal Management 571 Environmental Management .... 556 Health Services 572 Marine Fisheries 568 Human Resources Medical Assistance 553 Mental Health, Developmental Disabilities and Substance Abuse Services 516 Insurance Actuarial Services 555 Licensing Board Medical Examiners 591 III. LIST OF RULES CODIFIED . . 593 IV. RRC OBJECTIONS 603 V. RULES INVALIDATED BY JUDICIAL DECISION 608 VI. CONTESTED CASE DECISIONS Index to ALJ Decisions 609 Text of Selected Decisions 92 DOA 0803 613 92 DHR 1699 632 VII. CUMULATIVE INDEX 639 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 :£: sjc ^ ^ ^ ^fi ^e ******* ******* ^c s[c + Jfi :fc :+: J£ ******* >: :k :< •:< -< i< •:< ******* 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 * TJie "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. IN ADDITION STATE OF NORTH CAROLINA COUNTY OF WAKE BEFORE THE TAX REVIEW BOARD In the matter of: The Proposed Assessment of Corporate Income Tax for the taxable year ended 30 June 1989 by the Secretary of Revenue against UCI Holdings, Inc. ADMINISTRATIVE DECISION NUMBER: 273 THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax Review Board at its regular meeting in the City of Raleigh on 30 April 1993, upon the petition of UCI Holdings, Inc. for review of a Final Decision of the Deputy Secretary of Revenue entered 12 September 1991 sustaining a proposed assessment of corporate income tax for the taxable year ended 30 June 1989. AND IT APPEARING TO THE BOARD that the findings of fact made by the Deputy Secretary of Revenue were fully supported by competent evidence of record, that the conclusions of law made by the Deputy Secretary were fully supported by the findings of fact, and that the decision by the Deputy Secretary was fully supported by the conclusions of law; IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is confirmed in every respect. Entered this the 8th day of June, 1993. TAX REVIEW BOARD Harlan E. Boyles, Chairman State Treasurer William W. Redman, Jr. Chairman. Utilities Commission Jeff D. Batts NORTH CAROLINA REGISTER July 1, 1993 503 IN ADDITION STATE OF NORTH CAROLINA COUNTY OF WAKE BEFORE THE TAX REVIEW BOARD i In the matter of: The Proposed Assessment of Additional Income Tax for taxable year 1988 by the Secretary of Revenue against Jeffrey S. and Polly K. Whittle. ADMINISTRATIVE DECISION NUMBER: 274 THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax Review Board at its regular meeting in the City of Raleigh on 30 April 1993, upon the petition of Jeffrey S. and Polly K. Whittle for review of a Final Decision of the Deputy Secretary of Revenue entered 18 February 1992 sustaining a proposed assessment of additional income tax for the tax year 1988. AND IT APPEARING TO THE BOARD that the findings of fact made by the Deputy Secretary of Revenue were fully supported by competent evidence of record, that the conclusions of law made by the Deputy Secretary were fully supported by the findings of fact, and that the decision by the Deputy Secretary was fully supported by the conclusions of law; IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is confirmed in every respect. ' Entered this the 8th day of June, 1993. TAX REVIEW BOARD Harlan E. Boyles, Chairman State Treasurer William W. Redman, Jr. Chairman, Utilities Commission Jeff D. Batts I 504 8:7 NORTH CAROLINA REGISTER July 1, 1993 IN ADDITION STATE OF NORTH CAROLINA COUNTY OF WAKE BEFORE THE TAX REVIEW BOARD In the matter of: The Proposed Assessment of Additional Sales and Use Tax for the period 1 July 1983 through 30 June 1986 by the Secretary of Revenue against Piedmont Aviation, Inc. ADMINISTRATIVE DECISION NUMBER: 275 THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax Review Board at its regular meeting in the City of Raleigh on 30 April 1993, upon the petition of Piedmont Aviation, Inc. for review of a Final Decision of the Deputy Secretary of Revenue entered 6 July 1992 sustaining a proposed assessment of additional sales and use tax for the period 1 July 1983 through 30 June 1986. AND IT APPEARING TO THE BOARD that the findings of fact made by the Deputy Secretary of Revenue were fully supported by competent evidence of record, that the conclusions of law made by the Deputy Secretary were fully supported by the findings of fact, and that the decision by the Deputy Secretary was fully supported by the conclusions of law; IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is confirmed in every respect. Entered this the 8th day of June, 1993. TAX REVIEW BOARD Harlan E. Boyles, Chairman State Treasurer William W. Redman, Jr. Chairman, Utilities Commission Jeff D. Batts 8:7 NORTH CAROLINA REGISTER July 1, 1993 505 PROPOSED RULES TITLE 2 - DEPARTMENT OF AGRICULTURE l\otice is hereby given in accordance with G.S. 150B-21.2 that the N.C. Board of Agriculture intends to amend rules cited as 2 NCA C 20B . 0102 - .0104; .0106: .0203 - .0204; .0206; .0208; .0211: .0214; .0216; .0218; .0220; .0225; .0301; .0411; .0413; .0426; 2 NCAC 48A .0611; 2 NCAC 48C . 0005; . 001 7; . 0020 -. 0021; . 0023 - . 0024; 2 NCAC 52B .0502; and repeal rules cited as 2 NCAC 20B .0105 and .0414. 1 he proposed effective date of this action is October 1, 1993. 1 he public hearing will be conducted at 10:00 a.m. on August 12. 1993 at the Gov. James B. Hunt, Jr. Horse Complex (Restaurant), 4601 Trinity Rd. , Raleigh, NC 27607. MXeason for Proposed Action: 2 NCAC 20B .0102 - TRAFFIC REGULATIONS - To make minor changes in State Fair traffic rules. 2 NCAC 20B .0103 - ADVERTISING MATTER - To update description of State Fair boundaries. 2 NCAC 20B .0104 - ADMISSION REGUIA-TIONS - To increase State Fair gate admission prices and to update operating hours. 2 NCAC 20B .0105- EMPLOYEE REGULATIONS - To remove internal operating procedure from rules. 2 NCAC 20B .0106 - GENERAL - To make gram-matical changes and to remove prohibition on metal drink containers. 2 NCAC 20B .0203 - OCCUPANCY OF SPACE - To clarify wording. 2 NCAC 20B .0204 - FORFEITURE - To update reference to duration of State Fair. 2 NCAC 20B .0206 - EXPIRATION OF CON-TRACTS - To reduce time for removal of tempo-rary booths from Fairgrounds. 2 NCAC 20B .0208 - TIME LIMITS ON REMOV-AL - To change time for dismantling of exhibits and removal of items on display outdoors. 2 NCAC 20B .0211 - SIGNS - To prohibit card-board signs. 2 NCAC 20B .0214 - LOUDSPEAKERS: ETC. - To update reference to State Fair operating hours. 2 NCAC 20B .0216 - PRICE SIGNS - To clarify requirements for posting prices at food stands. 2 NCAC 20B .0218- CLEANLINESS - To clarify lessee 's responsibility for waste disposal. 2 NCAC 20B .0220 - STORAGE TRAILERS - To change requirements for parking trailers on Fair-grounds. 2 NCAC 20B .0225 - GAS OR ELECTRIC SER-VICE - To clarify requirements for electrical service to exhibitors. 2 NCAC 20B .0301 - EXHIBITS AND EXHIBI-TORS - To delete prohibition on removal of live-stock prior to midnight on last day of State Fair. 2 NCAC 20B .0411 - RESERVATIONS AND PAYMENT OF CHARGES - To clarify require-ments for deposits and settlements with lessees of State Fair property. 2 NCAC 20B . 0413 - ALCOHOLIC BEVERAGES - To clarify restrictions on sale and consumption of alcohol at horse facilities. 2 NCAC 20B .0414 - APPLICABILITY OF REGU-LATIONS - To repeal unnecessary rule. 2 NCAC 20B .0426 - RENTAL RATES: FEES: AND PREMIUM BOOKS - To clarify rule concern-ing establishment of rental fees. 2 NCAC 48A .0611 - PROGRAM PARTICIPA-TION AND PAYMENT OF FEES - To delete provisions for refund of penalties and interest on unpaid fees. 2 NCAC 48C .0005 - PROHIBITED SALES - To clarify wording. 2 NCAC 48C .0017 - INSPECTION AND STOP SALE ACTION OF SEED INSPECTORS - To clarify and update procedures for issuance ofstop-sale orders on seed. 2 NCAC 48C .0020 - TAGS AND LABELS AND STAMPS - To update rule to conform to changes in the law concerning seed tags and stamps. 2 NCAC 48C .0021 - RESPONSIBILITY FOR OBTAINING NEW GERMINATION TEST - To delete reference to a specific time for new seed germination tests. 2 NCAC 48C .0023 - ANALYSIS FOR FARMERS OR SEEDMEN - To clarify procedures for seed analysis services. 2 NCAC 48C .0024 - IDENTIFICATION AND SIZE OF SAMPLES FOR SERVICE TESTING - To clarify and make grammatical changes. 2 NCAC 52B .0502 - HEALTH REGULATIONS FOR POULTRY EXHIBITIONS - To indicate increased pullorum testfee for testing of exhibition birds. Ksomment Procedures: Interested persons may present their statements either orally or in writing at the public hearing or in writing prior to the hearing bx mail addressed to David S. McLeod, 506 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES Secretary of the North Carolina Board of Agricul-ture, P.O. Box 27647, Raleigh, NC 27611. CHAPTER 20 - THE NORTH CAROLINA STATE FAIR SUBCHAPTER 20B - REGULATIONS OF THE STATE FAIR SECTION .0100 - GENERAL PROVISIONS .0102 TRAFFIC REGULATIONS (a) Applicable North Carolina laws relating to traffic, parking and the operation of motor vehi-cles, as amended from time to time, are hereby incorporated into and made a part of these regula-tions, and the same shall be in full force and effect as to all parts of the North Carolina State Fair grounds, and as to the operation of motor vehicles therein and thereon, and shall have the same force and effect as though the said provisions were herein specifically set out in full. (b) Parking on all streets within the fair grounds is prohibited between the hours of 1:00 a.m. and 6:00 a.m. during the period of the fair. All trucks and motorized vehicles must complete their deliv-eries and be off the streets by 10:00 a.m. each day. Absolutely no deliveries will be allowed (with the exception of ice) by motorized vehicles between the hours of 10:00 a.m. and midnight all days of the fair. During the period of the fair, certain locations within the fair grounds will be designated "restricted area." Parking or vehicular traffic within such restricted areas is prohibited without special permit from 6:00 a.m. to midnight each day of the fair . During all periods of the year other than State Fair period, vehicles may not be parked on State Fair streets or in State Fair parking lots for a period in excess of 24 hours unless previous arrangements to the contrary are made with the manager. Vehicles left on the grounds in violation of this Rule may be towed away and impounded at owner's risk and expense. (c) Unauthorized vehicles will not be allowed on the North Carolina State Fair grounds except in parking areas during the period of the annual State Fair unless such vehicles are on display in an exhibition and in such case, said vehicles must be kept in exhibit location and may not, under any circumstances, be operated on the streets of the fair grounds. State Fair personnel are authorized to use vehicles where necessary on the fair grounds in performance of duties. (d) The State Fair management has set aside parking spaces for automobiles in various parts of the State Fair grounds. Automobiles and articles may be left in said parking spaces during the period of the State Fair at owner's risk. (e) Any trailer or similar vehicle used for sleeping or cooking must be parked in the limited areas established and controlled by special permis-sion from the manager at set fees per night. (f) A vehicle parked in violation of North Carolina statutes and these regulations shall be removed to a parking lot outside the fence. Administration office and sheriff office shall be notified of make of car, license and where it is moved to. State Fair is not responsible for any damage in moving or after moving. (g) The Manager of the State Fair shall have authority to order the placement of such traffic control or restrictive signals and signs on the State Fair grounds as he shall deem necessary for the proper safety, protection and control of said fair grounds. Statutory Authority G.S. 106-503. .0103 ADVERTISING MATTER (a) Distribution of advertising material or matter of any kind, nature, or description by concession-aires, exhibitors, patrons attending annual exhibi-tions on the State Fairgrounds, political parties, or by any other person or persons whomsoever, shall be, and the same hereby is, prohibited on the State Fairgrounds unless such distribution shall be within and from the assigned and designated space and shall have been first duly authorized by the State Fair Manager upon application thereto, and that advertising material or matter of any kind, nature or description shall be on the counter or display area and shall not be handed out unless a fair patron requests such materials. Promiscuous handing out of such material, even from designated areas, is strictly forbidden. (b) The distribution in any manner of advertising material having a gummed or adhesive backing, such as labels, lapel badges, car bumper or win-dow stickers, etc., whether such distribution shall be from a contracted exhibit or concession space or elsewhere, is prohibited upon the State Fair grounds. Persons or firms found distributing such materials may, in the discretion of the fair manag-er, immediately forfeit all space right and, in addition, may be held financially responsible for any and all damage done to or occasioned by the State Fair as a result of these materials being affixed to State Fair property by third parties. (c) Operation of sound trucks or mobile vehicles equipped with public address systems, or vehicles 8:7 NORTH CAROLINA REGISTER July 1, 1993 507 PROPOSED RULES upon which any advertising signs, political or otherwise, have been affixed in any manner, whether such vehicles are in motion on the fair grounds or parked therein or abutting same, and operation thereof or parking same on the State Fair grounds, whether within or without the fenced-off area thereof, is hereby prohibited unless specific authorization for such operation or parking thereof shall have been first secured from the manager upon due application thereto. (d) For the purpose of enforcing the provisions of this Section, it is hereby determined that the State Fair grounds shall consist of and constitute that certain area of land in Wake County bounded on the south by N.C. Highway 5 4 Hillsborough Street , on the east by Prison Farm Road Blue Ridge Boulevard , on the north by OW Trinity Road, and on the west by State Fair Youth Center the Gov. James B. Hunt. Jr. Horse Complex , and includes the area without as well as within the fenced portion thereof. (e) The prohibitions and restrictions relating to advertising in these regulations shall not be con-strued as being applicable to lettered service trucks advertising a concern or its products while making necessary deliveries of merchandise or service to concessionaires or exhibitors on the State Fair grounds, or the normal small advertising on bumpers and windows of vehicles. Statutory Authority G.S. 106-503. .0104 ADMISSION REGULATIONS (a) All persons entering the North Carolina State Fair grounds must pay the established admission fee, except persons holding worker's permits. One-time-only admissions will be issued to those persons who are employed by the fair or are asked to appear on the grounds by the fair management for a specific purpose, relative to the operation of the fair. (b) The gates of the North Carolina State Fair will be open to visitors from 9:00 a.m. until midnight each day of the fair , exeept Sunday, when opening will be at 12:00 noon . Exhibit buildings will be open from 9:00 a.m. to 9:45 p.m. daily , except Sunday, when opening will bo at 12:00 noon . (c) The State Fair Manager may operate a pass-out system at one or more of the outside gates. Persons exiting through these gates may, upon request, have their hand or vehicle stamped for readmittance through the same gate without additional charge. Readmittance must occur before 10:00 p.m. on the same day as pass-out or the hand stamp will not be honored. (d) Outside gate admission prices are as follows: (1) adult/child. 13 years of age and over 45^00 $6.00 (2) child, 6 through 12 years of age $1.00 (3) senior citizen, 65 and over Free (4) child, under 6 years of age Free (e) Outside gate admission prices for advance ticket sales are as follows: (1) adult/child, 13 years of age and over SA^Mi $5.00 (2) child, 6 through 12 years of age $1.00 (3) senior citizen, 65 and over Free (4) child, under 6 years of age Free 508 8:7 NORTH CAROLINA REGISTER July 1, 1993 % * % PROPOSED RULES (5) adult group sales purchasing a minimum of 40 tickets $4tQQ $4.75 (f) The State Fair Manager may offer to exhibitors and concessionaires a reduced rate for gate admission. If offered, such discount tickets may be purchased from the administration office. Each discount ticket shall allow one admission during each day of the fair. These cards , which contain punch outs for each day of the fatF-r shall be non-refundable^ whether punched used or not, te and shall be used only by persons involved with concessions or exhibits^ 1-4 and not for general admission. Statutory Authority G.S. 106-503. .0105 EMPLOYEE REGULATIONS (a) No employee of the State Fair shall perform the following acts: {+) enter into any contract between himself and the fair other than his contract of employment with the fair; {3} have or acquire any financial interests, whether direct or indirect, in any con tract or contractural relation between the fair and any concessionaire, c;xxrhiiibbii - tor, performer, ve ndor or contractor; 0j engage or participate in business opera tions or dealings that might involve a conflict—between—h+s — obligations—and interests as a manager or employee of the fair, or the interests of the fair, and his own personal interests or the inter csts of hi s immediate family; and (4) be entitled to any special concessions involving the storage of vehicles or materials on the State Fair grounds or th«-use ot tair buildings, machinery or equipment, except as may be specifical ly approved by the fair manager. (b) All vehicles u sed by employees of the fair in connection with the operation of the State Fair shall be the sole property of the fair to be used only on State Fair bus iness .—Vehicles donated to State Fair for the purpose of promotion shall be used only by authorization of the manager.—E-m-ployecs of the fair, authorized to use privately owned vehicles, shall be reimbursed according to exi sting regulations after submitting proper ex pense account forms. (e) — No employee of the fair s hall have the privilege of purchasing material s through the fair's name or on the fair's account. fd) — The following policies as regards employ - ment—eft — merit—and — without—di scrimination,—as established by the North Carolina Personnel Act, shall be followed by the fair: w- It s hall be the policy of the fair to foster the employment of individuals in accordance with their fullest capacities, regardless of race, color, creed, rcli gion or national origin and to safeguard their rights to hold employment with the fair without discrimination. {3) Every contract for or on behalf of the fair for materials , supplies, construction or space rental contracts for commercial sale or exhibit purposes may be cancel led or terminated—by the fair when discrimination on account of race, color or creed exists in the hiring or employ ment of common or s killed labor by the contractor pursuant to the contract. Statutory Authority G.S. 106-503. .0106 GENERAL (a) Any person or persons who shall make, aid, countenance or assist in making any noise, riot, disturbance and all persons who shall collect in bodies or crowds on the North Carolina State Fair grounds for unlawful purposes or to the annoyance or disturbance of citizens and those attending the North Carolina State Fair or lawfully on the North Carolina State Fair grounds may be expelled from the State Fair grounds for such period of time as the manager of the fair may determine. (b) Any person who shall appear in any street or public or exposed place on the North Carolina State Fair grounds, in a state of nudity, or dress not belonging to his or her sex, or in any indecent or lewd dress, or shall make any indecent exposure of his person, or be guilty of any obscene or filthy act, or any lewd, indecent or immoral or insulting conduct, language or behavior, or shall sell, lend, give away, distribute or in any manner attempt to do so, or show or have in his possession or offer for loan, gift or sale or distribute, lend, give or sell any obscene or indecent book, magazine, pamphlet, paper, writing, picture, drawing, photo-graph, or any article of lewd, obscene, immoral or indecent character or orally or otherwise give information as to where any such as above is obtainable or who shall exhibit any such to minors or procure any minor or any one else to sell, give, lend or distribute any such, shall be subject to the penalties and punishment provided in Subsection Paragraph (a) of this Rule. (c) Any person who shall unnecessarily or 8:7 NORTH CAROLINA REGISTER July 1, 1993 509 jmtrmrrrmrmm ««. igw ~«. r,r»5„J.„^J^JJJJ PROPOSED RULES maliciously beat, abuse or injure any animal on the North Carolina State Fair grounds shall be subject to the penalties and punishment provided in Sub section Paragraph (a) of this Rule. (d) No person shall carry from the specific area of any concession or other place of sale on the grounds of the fair, any liquid beverage in glass ©f metal containers, nor shall any person, when in motion about the grounds, carry any such liquid beverages in glass or metal containers. This Section shall not apply to non-alcoholic liquids brought into the fair grounds as a part of picnic meals or the like when consumed and used in a stationary locale. This Regulation is promulgated for the welfare and protection of all visitors to the State Fair and violators hereof shall be subject to the penalties provided in Subsection Paragraph (a) of this Rule. (e) Dogs and cats are not allowed on the fair grounds unless they are under leash, are carried by the person having possession of such animal or are on display in an exhibit contracted by the fair for the specific purpose of such exhibition. All such animals not on the grounds for exhibition shall be muzzled. Statutory Authority G.S. 1 06-503. SECTION .0200 - SPACE RENTAL: COMMERCIAL EXHIBIT AND CONCESSION REGULATIONS .0203 OCCUPANCY OF SPACE No space shall be occupied until the deposit full payment is complete made . The original copy of the rental contract shall be signed and returned to the Space Rental Superintendent. Final payment on Concession and Commercial Exhibit Contracts is due at the Space Rental Office, Administration Building, no later than September 1. Renters of space shall keep a copy of the rental contract on the rented premises. Statutory Authority G.S. 106-503. .0204 FORFEITURE Space assigned and not occupied by 8:00 a.m. on the first day of the fair, as well as all fees previ-ously paid, shall be forfeited to the fair as liquidat-ed damages. Any space which is not open for business or does not have an attendant at the space during the hours deemed necessary by the Space Rental Superintendent, during the fttfte H) days of the fair, shall, at the option of the State Fair Manager, be forfeited. Space rental contracts shall not be cancelled by the lessee without written notification to State Fair Manager and said written notification must be delivered to the Space Rental Superintendent no later than September 1 . Re-funds on cancelled space contracts shall not be made unless all provisions herein are complied with. Statutory Authority G.S. 106-503. .0206 EXPIRATION OF CONTRACTS All ground leases or space contracts, unless otherwise specified, will expire with the close of the fair each year and all temporary buildings, frames, booths, etc., shall be removed seven days within 72 hours following close of fair. , otherwise they Any such items not removed shall become the property of the North Carolina State Fair. Statutory Authority G.S. 106-503. .0208 TIME LIMITS ON REMOVAL No exhibit may be dismantled or removed until 8 :00 a.m. 10:00 p.m. of the last day following the close of the fair. Building superintendents, gate-men and police officers shall be instructed to prevent any attempt to dismantle or remove exhib-its before the hour of release. Watchmen shall be on duty in buildings until 5:00 p.m. of the day following the close of the fair. Exhibitors and concessionaires shall remove all equipment from buildings by 5:00 p.m. Monday following the close of the fair. All outside equipment and machinery shall be removed no later than seven days 72 hours following the last day of the fair; otherwise, they will become the property of the State Fair to be disposed of as the manager may deem necessary. Statutory Authority G.S. 106-503. .0211 SIGNS All signs advertising any special product, wheth-er by a trademark or otherwise, will be prohibited on the outside of any stand or building. Menus will be permitted provided they do not list any item by the manufacturer's name or trademark. The space between the ground and the counter on all four sides must be entirely free of special advertising. Soft drink distributors, bakeries, meat dealers, dairies, and all other suppliers may fur-nish suitable signs for the inside of stands if requested by the concessionaire. No "A" boards or free standing boards are permitted. No corru-gated cardboard signs are permitted. 510 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES Statutory Authority G.S. 106-503. .0214 LOUDSPEAKERS: ETC. No loudspeaker, amplifier, radio or other broad-casting device is permitted on the State Fair grounds unless written permission is first obtained from the Space Rental Superintendent. Approved loudspeakers must be kept at a reasonable volume so as not to disturb normal business transactions in adjoining exhibits nor the general public. The Space Rental Superintendent reserves the right to revoke loudspeaker permission if the provisions of this Rule are not observed. Under no circumstanc cs may loudspeakers be used before 1:00 p.m. on Sunday. Statutory Authority G.S. 106-503. .0216 PRICE SIGNS On the opening day of the fair, each lessee shall cause to be posted in a conspicuous manner at the front or entrance to his place of business and at point of order and point of sale, if different loca-tions , a neatly printed or painted sign, showing price (as approved by management) of meals, lunches, and all articles of food and drink to be sold and services performed under the contract. Lessee shall also keep displayed in plain view of the public his contract number, which will be furnished by the superintendent. Statutory Authority- G.S. 106-503. .0218 CLEANLINESS Purchasers Lessees of space or booth shall keep their space or booth plus the area immediately surrounding their space or booth in a clean and sanitary condition at all times by removing there-from any filth and refuse and placing same in centralized dump locations on the fair grounds as specified by the space rental and sanitation depart-ments. Lessee must comply with all laws and ordinances regarding disposal of waste. The use of public trash receptacles by purchasers of privi-leges is prohibited. Violation of this Rule may cause, in the fair manager's discretion, concession or exhibit to be closed and all fees previously paid to be forfeited. Lessee shall not throw any refuse or empty any water or other fluids on the ground or in the streets or gutters. The first violation of this Regulation shall be cause for the place of business to be closed with the forfeiture of all fees paid. Statutory Authority G.S. 106-503. .0220 STORAGE TRAILERS Trailers used for storage of supplies or offices as a direct part of concessions or exhibits will be permitted to park on the fair grounds provided they arc parked directly behind their own conces sions or exhibit and do not take up parking s pace of other concessionaires or exhibitors and provided they are not used for sleeping or cooking. Cars or trucks parked behind stands will pay twenty five dollars — ($25.00) s pecial—parking permit in a location determined by the Space Rental Superin-tendent and must have a sticker or receipt on the trailer proving payment has been made for this privilege . Statutory Authority G.S. 106-503. .0225 GAS OR ELECTRIC SERVICE (a) The State Fair is not responsible or liable for failure of electric service. (b) Positively no one shall tamper with, or change, any of the general lighting in any of the State Fair buildings, and no electric connection excluding wall sockets plug-ins shall be made by any person not in the direct employ, or under the supervision of, the fair manager. (c) Prices quoted for electric service , etc., contemplate the ordinary job of connecting lights and appliances .—Special wiring, setting motors, etc., will be charged for on a time and material basis are for having electrical power available to the Lessee. Lessee is responsible for all internal wiring and is responsible for having adapter plugs. if necessary, to connect to Fair electrical system . (d) The fair manager reserves the right to terminate service if conditions of contract are violated. Statutory Authority G.S. 106-503. SECTION .0300 - COMPETITIVE EXHIBIT REGULATIONS .0301 EXHIBITS AND EXHIBITORS (a) The entry department will be open to receive and return exhibits 1 1 days prior to the fair and nine days following the fair, 8:30 a.m. to 6:00 p.m., except Sunday, when the department will be open from 1:00 p.m. to 6:00 p.m. (b) Exhibit buildings will be open to the public daily between the hours of 9:00 a.m. and 9:45 p.m. during the fair. (c) On the last night of the fair, after 9:45 p.m., exhibits may be packed up and stored for removal. No vehicle will be permitted to enter fair grounds 8:7 NORTH CAROLINA REGISTER July 1, 1993 511 --'- •' " MMMMMMMMIi PROPOSED RULES to remove exhibits before 8:00 a.m. of the morn-ing following the closing of the fair. Livestock, poultry, and rabbits will have a special release time on the last day of the fair. No livestock will be removed prior to 12 midnight of the last day of the fair. (d) No fair superintendent or other employee shall be permitted, directly or indirectly, to make an entry in any department of the fair over which he presides or wherein he may be employed. (e) The fair manager may limit exhibits to the facilities available at any given time. Statutory Authority G.S. 106-503. SECTION .0400 - OPERATION OF STATE FAIR FACILITIES .0411 RESERVATIONS AND PAYMENT OF CHARGES (a) A tentative reservation may be made for use of the building(s) by any organization, group, firm or individual approved by the Manager of the State Fair, subject to the availability of the facilities, without payment of any fee. Such tentative reser-vation shall automatically expire on the 10th day following the date upon which the tentative reser-vation was made. (b) If the date for which a tentative reservation was made is sought to be reserved by any other qualified organization, group, firm or individual, then the person(s) making the tentative reservation shall be allowed 48 hours after due notice in which to execute a written contract for use of the facili-ties and to pay the required cash deposit which must accompany such a contract. (c) In any event, a written contract must be executed not less than 24 hours prior to the sched-uled start of any and all performance or exhibition events, at which time lessee shall make a cash deposit of not less than one half of the specified "guaranteed minimum/' in the case of commercial lessee, and the full amount of the s pecified rental charge in the case of non commercial les see. (d) Commercial le ssee Lessee shall be required to make full settlement of 10 percent of the gross revenue or the other one half of the if greater than "guaranteed minimum," whichever shall be greater along with payment for any special items or services provided by the Fair, within 24 hours after the end of the event for which use of the facilities was contracted. The Manager of the State Fair may extend the period for final and full settlement if, in his judgment, additional time is required to determine the accurate gross revenue. Statutory Authority G.S. 106-503. .0413 ALCOHOLIC BEVERAGES (a) A person shall not sell, offer for sale, or possess for the purpose of sale, any alcoholic beverage on State Fair property, except as permit-ted under this Rule. (b) A person shall not possess or consume any alcoholic beverage at ticketed, commercial events that are open to the public on State Fair property except as permitted under this Rule. (c) Except during the annual State Fair, beer and unfortified wine may be sold and consumed at the horse facility Gov. James B. Hunt, Jr. Horse Complex , subject to state alcoholic beverage control laws and regulations. (d) Except during the annual State Fair, beer may be sold and consumed at Dorton Arena in connection with professional sporting events, subject to state alcoholic beverage control laws and regulations. Statutory Authority G.S. 106-503. .0414 APPLICABILITY OF REGULATIONS All other regulations of the North Carolina Board of Agriculture pertaining to the operation of the State Fair and fair grounds not inconsistent with the regulations herein contained, shall be deemed applicable to facilities and the use thereof by all lessees. Statutory Authority G.S. 106-503. .0426 RENTAL RATES: FEES: AND PREMIUM BOOKS (a) Subject, in all instances, to approval by -tht State Board of Agriculture, the The Manager of the State Fair shall annually publish: ( 1 ) a schedule of fees and other charges governing rental rates for State Fair properties and services; and (2) a premium book for exhibits and horse shows governing the awarding of cash prizes and other awards. (b) The State Fair Manager shall obtain approval from the State Board of Agriculture, as required in (a) of this Rule - by January 15 of each year. {e) (b) The Board of Agriculture shall give notice of any hearing at which fees and other charges governing rental rates for State Fair properties and services or premium—books are approved pursuant to the procedures outlined in N.C.G.S. 150B-12. (d) {c] Copies of fee schedules and premium 512 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES books shall be maintained in the Office of the State Fair Manager and made available to the public upon request. Statutory Authority G.S. 106-503; 106-503. 1(b). CHAPTER 48 - PLANT INDUSTRY SUBCHAPTER 48A - PLANT PROTECTION SECTION .0600 - BOLL WEEVIL {&) The Commiss ioner may grant a total or partial refund of penalties for extenuating circum stances, such as crop failure, crop damage or crop destruction, whether due to natural or other cau ses .—A request for the refund of penalties , including a com pletc exp l anation of extenuating circum stances, must be provided in writing to the Plant Pest Administrator within 30 days of such payment. Statutory Authority G.S. 106-65.74; 106-65.88; 106-65.91. 106-65. 77; .0611 PROGRAM PARTICIPATION AND PAYMENT OF FEES All cotton farm operators in the state are hereby required to participate in the eradication program. Participation shall include timely reporting of acreage and field locations, compliance with regulations, and payment of fees. Farm operators within the elimination zone shall be notified through the extension offices or newspapers of their program costs on a per acre basis on or before March 15. (1) Growers are to report all planted cotton by completing a Cotton Acreage Report-ing Form and paying a per acre fee at the ASCS office by July 1 of the current growing season. (2) The fee is nonrefundable and is to pay for the program's estimated costs as determined by the Commissioner, but will not exceed nine dollars ($9.00) per acre. (3) Growers not reporting planted cotton to ASCS by July 1 of the current growing season will be assessed a three dollar ($3.00) per acre penalty. (4) Growers under-reporting by more than ten percent of the actual planted acreage, as determined by ASCS, will be assessed a penalty of three dollars ($3.00) per acre on all acreage in excess of the reported acreage. (5) All acreage for which fees have not been paid on or before July 15 of the current growing season will be assessed a three dollar ($3.00) per acre penalty. i&) Interes t at 15 percent per annum will be charged on all unpaid fees and penalties from August 1 to date of payment. (7) (6) Fees and penalties shall be made payable to the North Carolina Depart-ment of Agriculture. SUBCHAPTER 48C - SEEDS .0005 PROHIBITED SALES The sale of any seed which contain any of the weed seeds or tubers listed below in excess of the stated limitation per pound of crop seed is prohib-ited: (1) two Purple Nutsedge and/or or Yellow Nutsedge tubers; (2) four Spurred Anoda, Cocklebur. Sandbur, Sicklepod, Blessed Thistle, Velvetleaf, Wild Onion and/or or Wild Garlic (in small grains or larger seeds); (3) eight Morning-glory; (4) 10 Corn Cockle; (5) 12 Wild Radish; (6) 27 Bermundagrass, Field Bindweed, Hedge Bindweed, Cornflower, Purple Nutsedge, Yellow Nutsedge, seeds, Tex-as Panicum, Canada Thistle or Wild Onion and/or or Wild Garlic (in grasses and small seeded legumes); (7) 54 Broadleaf Dock, Curly Dock, Dodder, Giant Foxtail, Horsenettle, Wild Mustard et al, Bracted Plantain, Buckhorn Plan-tain or Quackgrass. Statutory Authority G.S. 106-277.9; 106-277.15. .0017 INSPECTION AND STOP SALE ACTION OF SEED INSPECTORS (a) All seeds defined as "seed offered for sale" in the North Carolina Seed Law, including seeds in containers bearing seed tags issued by a recog-nized certifying agency, are subject to inspection and all other provisions of the North Carolina Seed Law and these the rules and Regulations adopted thereunder by the Board of Agriculture . (b) Upon determining a lot of seeds is in viola-tion of the North Carolina Seed Law, the officia l seed inspector is authorized to issue a stop-sale 8:7 NORTH CAROLINA REGISTER July 1, 1993 513 naammi . -........_.... PROPOSED RULES order on said lot of seed. The stop-sale order shall contain the complete identification of the seed lot and the number of bags or containers under stop-sale. (c) When a stop-sale order is issued on a lot of seed, the inspector shall attach a stop-sale tag to each one bag or container of said lot. and shall remove the North Carolina seed analysis tag and nnv other tag that may indicate an incorrect analy sis of the contents of the bag or container. The stop-sale tag shall not be removed,, nor any bags or containers of the lot sold or removed from the premises, until permission to do so is obtained from the Commissioner of Agriculture or his authorized agent. Statutory- Authority G.S. 106-277. 15. .0020 TAGS AND LABELS AND STAMPS (a) Every container of agricultural or vegetable seed containing 40- pettnds or more of seed shall have attached thereto an official North Carolina a seed analysis tag, bearing the information as required by law (G.S. 106-277.3). (b) The sccdman's statement of analysis may be placed on the back side of the seed analysis tag, providing the tag bears a name with address. fe) £b) The seedman's statement of analysis shall include all tag and label requirements as provided in the law (G.S. 106-277.3). Incomplete labeling is a violation of the seed law Seed Law. (d) (c} When no statement is made on the seed tag as to the name and number of noxious weed seed per pound of crop seed, it shall be considered equivalent to the statement, "none." The words "None in Excess" or similar phrases, are prohibit-ed. fe) — The official North Carolina seed analysi s tags prescribed and made available by the Com mi ss ioncr s hall—be — white—of — manila.—Fed;—and yellow.—The red and yellow tags shall be limited in u se to official seed inspectors. ff) The official—North—Carolina seed—stamp prescribed and made available by the Commission er may be used in lieu of the official North Caroli na seed analysis tag.—The official stamp may be placed on a seedman' s label which contains all the information required by law (G.S.—106 227.3), iuch stamp to be :videnec that the revenue pertaining to the official—North—Carolina Seed Analys is Tag has been paid. Statutory Authority G.S. 106-277. 15. .0021 RESPONSIBILITY FOR OBTAINING NEW GERMTNATION TEST The person in possession of any seed offered for sale, or exposed for sale for seeding purposes, shall be responsible for securing a new germina-tion test when the test date prior to sale, or expo s ure for sale, shows the nine month period re-quired by law has expired. The seed shall be relabeled or new seed analysis tags attached in compliance with the North Carolina Seed Law. Statutory Authority G.S. 106-277.15. .0023 ANALYSIS FOR FARMERS OR SEEDMEN (a) The germination and purity analyses of agricultural and vegetable seeds shall be free to any person residing within the state. However, the Seed Program Administrator shall have the privi-lege, with the approval of the Commissioner of Agriculture and the Board of Agriculture, of limiting the number of such free tests made annu-ally, or during certain seasons, for any one person and of designating the time or dates when such samples will be accepted for testing. The Seed Administrator may refuse to analyze any sample of seeds submitted for testing that has not been reasonably well cleaned, or does not comply with these Rules. (b) A fee of five dollars ($5.00) per sample (100 seeds) shall be charged to any North Carolina citizen who requests the tetrazolium chloride (T.Z.) test. This test shall be limited to wheat, oats, barley and rye seeds from the period July 1 to November 1 of each year, and to peanuts, soybeans, corn and cotton seeds from the period of December 1 through June 30 of each year. The Seed Administrator shall have authority to accept special problem samples of other species for T.Z. tests. fe-) — The Seed Program Administrator shall have authority to accept s pecial—problem samples of other species for T.Z. test s and to refuse to ana lyzc any sample of seeds submitted for te sting that has not been reasonably well cleaned, or does not comply with these rules. fd-> (cj Fees for in-state testing of tall fescue and other grass seeds and plant tissues for the presence of fungal endophytes are as follows: (1) fifteen dollars ($15.00) per sample for seeds; (2) fifteen dollars ($15.00) per sample for plant tissue analysis; (3) twenty-five dollars ($25.00) per sample for seeds which require seedling pro-duction. 514 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES fe) (dj Fees for out-of-state testing of tall fescue and other grass seeds and plant tissues for the presence of fungal endophytes are as follows: (1) thirty-five dollars ($35.00) per sample for seeds; (2) twenty-five dollars ($25.00) per sample for plant tissue analysis; (3) forty-five dollars ($45.00) per sample for seeds which require seedling production. (f) (e] The fee for testing small grain seed for Loose Smut shall be fifteen dollars ($15.00) per sample. Statutory Authority G.S. 106-277.15. .0024 IDENTIFICATION AND SIZE OF SAMPLES FOR SERVICE TESTING When submitting seed samples for analysis, the person shall comply with the following: (1) Identification (a) Samples shall be plainly addressed to the North Carolina Department of Agriculture, Seed Laboratory, P.O. Box 27647, Raleigh, North Carolina 27611-7647; (b) Samples identified with a lot number; (c) Kind and variety of seed; If the seed has been treated, the name of the substance used; (d) Name and address of sender; (e) A letter of notification of shipment sent in separate mail or attached to package of seeds when carrying proper postage; (f) Samples should be sent in substantial containers, and properly packed for mailing or shipping in order that they will arrive intact and without damage to the contents . (2) Size of Samples. When sending samples to the State Seed Laboratory.! the following are the minimum weights of samples to be submitted for complete analysis. Samples of seed that do not conform to these requirements may not be tested: (a) one-half ounce of tobacco seed; (b) two ounces of white, alsike or hop clovers and small grass seeds; (c) five ounces of red or crimson clover, alfalfa, lespedeza, fye grasses ryegrasses , fescues, orchard—gras s orchardgrass , millet or seeds of similar size and weight; (d) one pound of cotton, audan—grass sudangrass , sorghums, or seeds of similar size; (e) two pounds of corn, wheat, oats, barley, rye, beans, peas, cowpeas, soybeans, vetches and seeds of similar or larger size. Statutory Authority G.S. 106-277. 15. CHAPTER 52 - VETERINARY DIVISION SUBCHAPTER 52B - ANIMAL DISEASE SECTION .0500 - POULTRY DISEASES .0502 HEALTH REGULATIONS FOR POULTRY EXHIBITIONS (a) Persons conducting and participating in poultry exhibitions shall comply with the following: (1) All chickens and turkeys for exhibition in North Carolina shall originate from U.S. pullorum-typhoid clean or equivalent flocks, or have a negative pullorum-typhoid test within 90 days (30 days for out-of-state birds) of the date of exhibition. All North Carolina owned birds must be tested by agents of the North Carolina Department of Agriculture. For North Carolina Birds and for out-of-state birds from U.S. pullorum-typhoid clean states, these test requirements may be satisfied by a negative test conducted by a North Carolina Department of Agriculture agent at the time of entry. The fee for pullorum-typhoid testing at the exhibition will be s4* eight cents ($0.06) ($0.08) per bird with a minimum fee of one dollar ($1.00) per exhibitor. (2) Poultry for exhibition shall not have been vaccinated with a live virus vaccine within the last 30 days preceding the exhibition. (3) Each bird must be identified with a "tamper-proof" band at the time of pullorum-typhoid test. A copy of the pullorum-typhoid test chart must accompany birds to exhibition. (4) Birds are subject to examination (including blood test and swabs) by a representative of the North Carolina Department of Agriculture. Birds will not be accepted which are infected with 8:7 NORTH CAROLINA REGISTER July 1, 1993 515 PROPOSED RULES or showing any clinical signs of a contagious disease, or are infested with lice and/or mites. (5) Out-of-state birds will be admitted provided they are from an area that is not under quarantine for an infectious disease and satisfy the requirements of this Rule. (6) The secretary of each show will furnish the representative of the State Veterinarian with a list of names and addresses of all exhibitors at the time of the exhibition. (7) The secretary of each show will have these requirements printed in the show catalog or premium list. (b) The Commissioner may, when in the public interest to prevent disease, suspend any poultry exhibition in North Carolina. Statutory Authority G.S. 1 06-539; 106-540; 106-543; 106-548. TITLE 10 - DEPARTMENT OF HUMAN RESOURCES Notice is hereby given in accordance with G.S. 150B-21.2 that the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services intends to adopt rules cited as 10 NCAC 14A . 1401-. 1403;. 1501 -. 1505:1601-. 1605; . 1 701- .1703; .1801-. 1810; 1901-.1904; .2001-.2006; .21 01 -.2105; .2201 -.2208; .2301 -.2304; .2401- .2405; .2501 -.2507; .2601 -.2603; .2701 -.2702; .2801; .2901 -.2903; 10 NCAC 14J .0210; amend 10 NCA C 14J . 0201; . 0203-. 0207; 10 NCA C 14L .0407; repeal 10 NCAC 14A .1301-. 1313; . 1315- .1317. 1 he proposed effective date of this action is October 1. 1993. 1 he public hearing will be conducted at 1:00 p.m. on August 4. 1993 at the Sheraton Inn, 4504 Creedmoor Road at Crabtree Valley Mall, President 's Room 1 , Raleigh , N. C MXeason for Proposed Action: 10 NCAC 14A .1301-.1313 - Proposed repeal of current standards contained in 10 NCAC 14A .1301-. 1313. 10 NCAC 14A .1315-.1317- Proposed repeal of current standards contained in 10 NCAC 14A .1314-. 1317. 10 NCAC 14A .1401:2903 - Proposed adoption of standards contained in 10 NCAC14A .1401-. 2903. Minimum rules were adopted in 1979 for the development of a mental health and mental retardation delivery system. As that system has grown, more specific rules are now indicated to assure the quality of services within the Department of Corrections is commensurate with those standards developed for community programs. 10 NCAC 14J .0201, .0203-.0207 - Proposed amendments - The proposed changes are to clarify the distinct uses of restraint and seclusion; to shorten the period of time before a restrained or secluded client shall be seen by a qualified profes-sional. 10 NCAC 14J .0210 - Proposed adoption - To modify North Carolina Standards to reflect Nation-al Standard of Care; clarify State 's obligation to heed manufacturer's warning regarding restraint devices. 10 NCAC 14L .0407 - Amend Rule to eliminate requirement that each client be employedfor 20 or more hours per week. To comply with federal regulations on Supported Employment (34 CFR Parts 361 , 363, 376 and 380, dated June 24, 1992 and effective August 8, 1992). (In determining whether the client has met all of the criteria under Supported Employment, the hours worked should no longer be considered). l^omment Procedures: Any interested person may present his comments by oral presentation or by submitting a written statement. Persons wishing to make oral presentations should contact Charlotte Tucker, Division of Mental Health, Developmental Disabilities and Substance Abuse Services, 325 N. Salisbury St., Raleigh, N.C., 27603, 919-733- 4774, before August 3, 1993. Comments submitted as a written statement must be sent to the above address no later than August 2, 1993, and must state the Rules to which the comments are ad-dressed. Time limits for oral renmrks may be imposed by the Commission Chairman. Fiscal information regarding these Rules is available from this Division, upon request. CHAPTER 14 - MENTAL HEALTH: GENERAL SUBCHAPTER 14A - IDENTIFYING INFORMATION 516 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES SECTION .1300 - NORTH CAROLINA DEPARTMENT OF CORRECTION: DIVISION OF PRISONS: STANDARDS FOR MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES .1301 SCOPE The standards contained within this Section shall apply to the delivery of mental health, mental retardation, alcohol and drug abuse services to incarcerated inmates by the Department of Corrcc tion. division of prisons, or by any other provider of services on a contract basis, which are delivered within the correctional system. Statutory Authority G.S. 148-1 9(d). .1302 DEFINITIONS The following terms shall have the meanings specified unless the context clearly—requires a different meaning: -(+) Administering Medication. The giving of a unit dose of a drug to a patient as a result of a lawful order;—Administering affect s only one patient and i s not re stricted to licen sed pharmacists; -f5) Agency.—A local, regional, institutional or state—organization defined—by—tew-; charter—er—licen se—to — provide—human services ; -0) Clinical Staff Member. Any employee of the mental health and mental retardation services system who has a part in provid ing treatment to an inmate; -(4) Continuity of Care. The continued meet ing of the client's neods regardless of changes in status or location; -iSj Dispensing Medication.—Includes , but is not limited to. issuing to a client, or to a person acting on his behalf, one or more unit doses of a drug in a suitable contain ef—w+th — appropriate—labeling; While including compounding, dispensing al so includes the act of packaging a drug, cither from a bulk container or as a re s ult of compounding.—in a container other than the original container of the manu facturer or distributor, and labeling the new container with all the information required by state and federal law.—Except for physicians and under s pecified condi tions .—physician—extenders.—the—aet—ef dispensing is limited by law to licensed pharmacists and person s working under their immediate supervi s ion and may not be — performed—by—a — nurse—of—other non pharmacist except unde r the immediate. direct. afld personal supervision—of a—licensed—pharmacist. The filling or refilling of drug containers from nurs ing s tations or other service areas with the drugs called for. or the furni s hing of a drug to ouch areas, is dispensing; -(6) Follow Up Service. Provision for a continuing relationship with the client for the purpo se of ass uring that changing needs are recognized and appropriately ni^t , -(7) Inpatient Services. Care or treatment rendered to an inmate in any therapeutic setting where the individual is actually provided—w+th—a—bed—and — housed overnight; Services include, but are not limited to. short term medical psychiatric stabilization as well as intermediate and long term—medical.—psychiatric.—social, psychological.—educational—and — other supportive care required for individuals who — cannot—function—without—intense supervision in a controlled environment; -f&j Medication: (ft) substances—recognized—in the official United States Pharmacopoeia, official Homeopathic—Pharmacopoeia—ef—the United—States.—er—official—National Formulary, or any supplement to any of them; fb} s ubstances intended—fef—ase — m—the diagnostic, cure, mitigation, treatment, or prevention of disease—m — man or other animals; s ubstances (other than food) intended to affect the structure or any function of the body of man or other animals; and s ubstances — intended—for-—use—as— a i&- {4h eomponent of any article specified in (a), (b). or (e) of this Subdivision; but does—not — include — devices—of — their components , parts , or accessories; -i^h Mental Health Program Director.—Any individual—who—is — respons ible—for the operation of a mental health and mental retardation services system program; {49} Mental Health Records. Aey documentation—pertaining—to — treatment received within the mental health services system which is kept separate and apart 8:7 NORTH CAROLINA REGISTER July 1, 1993 517 PROPOSED RULES from tho s e formal entries in the inmate's outpatient medieal record; {44^ Mental—Health—Services—Sy stem. A mechanism—by — which—mental—health treatment is provided to inmates within the North Carolina division of prisons; f+5V Mental Retardation. Significantly <m-subaverage general intellectual functioning— e xi sting—concurrently—wrtb deficits m — adaptive—behavior—and manifested—during—tbe — developmental period; Outpatient Services.—Care or treatment rendered to an inmate in any therapeutic setting where the individual is not housed overnight; Patient.—A person who is mentally ill, mentally retarded, an alcoholic or drug abuser related to his phys ical or mental impairment,—ef — em—agency—©f — group seeking services for the prevention or reduction of these condit i ons ; The term s "client" and "inmate" are occas ionally used in place of "patient" in appropriate sections of the standards ; Program. An—organized—response—to f+4)- «5)- mt- H^ prevent, contain, reduce or eliminate one or more human problems or conditions ; Standard. Something—established—by authority, cu stom, or general consent as a mode l or example; something set up and established by authority as a rule for the measure of quantity, quality, and value; System. An organized or established procedure. Statutory Authority G.S. 148- 19(d). .1303 ACCESS TO PROFESSIONAL SERVICES Each inmate shall have access to the appropriate mental health professional as determined by his needs . Statutory Authority G.S. 148-1 9(h). (d). .1304 MEDICAL RECORDS fa) — There s hall be a written record maintained for every inmate undergoing active mental health treatment. fb) T-be — record— s hall—contain— s ufficient information to clearly identify the inmate, justify the diagnosis and treatment, and record the re s ult s . Records s hall be current, active, and confidential. fe) — The facility shall maintain an inmate record service which will provide adequate, accessible records containing easily retrievable information. Statutory Authority G.S. 148- 19(d). .1305 CONTINUITY OF CARE fa) The Division of prisons shall insure that there will be continuity of care for all inmates receiving mental health services. fb) — There s hall be a system of referral for potential and active patients for the purpo se of entering and continuing treatment. fe) There s hall be a system to provide for the orderly discharge of patients from treatment, the di stribution of discharge information, and, to the extent—feasible,—tbe — observation—of — behavior following discharge. {4)—The Division of prisons s hall cooperate in establishing among the—Department of Human Resources , divi s ion of prisons, division of adult probation and parole, and other service agencies a system which will facilitate continuity of care for inmates released from confinement who desire continued treatment. Statutory A uthority G. S. 1 48- 1 9(a) .(h). (d). .1306 MEDICATION There s hall—be a system to insure that each inmate—w+H — receive—bre — prescribed—medication regardless of his ass igned location. Procedures for dispensing and admini stering controlled s ubstances shall—be — in compliance—wrtb — federal and— s tate regulations . Statutory Authority G.S. 148-1 9(d). .1307 CONFIDENTIALITY fa) All information contained in an inmate's mental health record s hall be cons idered privileged and confidential with the exception of information con s idered matters for public record. fb) — An inmate's name. age. sex. race, offense for which convicted, court where sentenced, length of sentence, date of sentencing, date of arrival, date of transfer from prison, program placement and progress , conduct grade . custody class ification, di sciplinary offen ses and dispos ition, escapes and recaptures, dates regarding release and the presence or absence—of detainers shall—be considered matters of public record: f4-) Each Mental Health Program Director s hall—in s ure confidentiality of inmate mental health records. Only mental 518 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES m health clinician s having direct responsibility for the inmate and his treatment plan and clerical—personnel having specific record re s ponsibilities shall have access to the inmate' s mental health records.—These records s hall be kept — separate—from—admini strative folders and appropriately secured.—Ne employee. management committee member—ef — volunteer.—except—those personnel—specified above—shall—have access to an inmate's mental health record—without—written—authorization from—the — Mental—Health—Program Director or his designee. Each Mental Health Program Director shall insure that information contained in inmate mental health records shall not be released to other than approved outside agencies or individuals: fA) Information—contained—m—inmate mental health records may be released te an attending psychologist. psychiatrist, or governmental agencies directly—involved—m — mental—health treatment upon written consent of the inmate . (-&) — Individuals—involved—m — approved teaching, s taff development. evaluation and research projects may have access to inmate mental health records—as—leftg—as—the — proper precautions are taken to di sgui se the identities of the inmates. {€) Confidential—information—within—aft inmate's mental health record may be released without written consent to other—individual s — employed—m—the Department of Correction only when and to the extent that the performance of their duties require that they have access to such—information. If an individual—is — being—cons idered—f-ef parole, a summary of the contents of his record shall be made available. upon request. te the Parole Commiss ion. 0) Confidential information— s hall be disclosed without the inmate's written authorization—te—the— e xt e nt—that—the clinician—reasonably—determines—that such di sclos ure i s necessary to protect against clear and—subs tantial—r4sk—ef imminent serious—injury.—disease.—ef death being inflicted by the inmate on W- &- himself or others, or a threat to the security of the unit. All standards applying to confidentiality s hall al so apply to those individuals and agencies providing contractual services te—the — North—Carolina—division—ef prisons. The North Carolina division of prisons recognizes the more restrictive nature of the Federal HEW alcohol and drug abu se confidentiality—regulations—and sftaH — comply—with.—and — educate—its employees m regard te^ these regulations . Statutory- Authority G.S. 148-1 9(d). .1308 INPATIENT SERVICES (a) The North Carolina division of prisons shall provide an inpatient mental health services for inmates identified as needing these services. fb) — All referral s to the inpatient facility shall be channeled—through—the — appropriate—outpatient services system.—Written policies and procedures for admiss ion to the inpatient facility shall be made available to the outpatient services system. {e)—The mental health professional staff shall have—the — re sponsibility—fef — screening—inmates referred to the inpatie nt facility to determine the appropriateness of the referral. The physician staff members of the inpatient facility shall have the authority to admit inmates to the inpatient facility. {4)—Inpatient services shall be provided in a therapeutic setting. te-) The — Divi s ion—of Prisons—sheH — provide appropriate and qualified mental health staff to the inpatient facility. i4)—There s hall be written procedures for the functioning—ef-—the — inpatient—facility. These procedures s hall cover: fk) initial as s ignment, trans fers, and any movement into or out of the facility; fSj coordination and collaboration among staff—members — within—the — inpatient 0&- facility; -the administering -ef- prescribed <4k medication; and staffing pattern s . fg-) — Upon discharge from the inpatient facility. and—with—the — patient's—permi ss ion.—appropriate follow up s hall be arranged by the staff of the inpatient facility. Statutory Authority G.S. 148- 19(d). 8:7 NORTH CAROLINA REGISTER July 1, 1993 519 PROPOSED RULES .1309 OUTPATIENT SERVICES (a) The North Carolina division of prisons shall provide — outpatient—mental—health—services—f-ef inmate s identified as needing these services. (b) It shall be the re sponsibility of all division of prisons—employees—te — refer—fef — mental—health services—screening—those—inmates—whe — show behavior sugges ting a need for such services . fe} — The mental health professional staff shall have the responsibility of screening the individuals referred to determine the level of int e rvention required. (d) Adequate outpatient mental health treatment shall he provided by the Division of prisons to those inmates found to be in need and who indicate a willingness to accept s uch treatment. Statutory Authoritx G.S. 148-1 9(d). 0) a — follow up—service—developed—m conjunction with—the — Department—ef- Human Resources and the Division of Adult Probation and Parole to provide the — mentally—retarded—inmate—wrtb-continuity of care following release. Statutory Authority G.S. 148-1 9(d). .1313 EMERGENCY SERVICES fa} — Emergency mental health services shall be provided. fb} The mental health emergency services plan shall include a primary and secondary system to in s ure the availability of emergency services. fe-) — Emergency services shall be coordinated with other elements of the mental health service s system to in s ure continuity of care. .1310 ENVIRONMENTAL STRESS Inmates—under active—mental—health treatment shall be housed in the least stre ss ful environment appropriate for treatment—and — available—m—the Division of prisons. Statutory Authority G.S. 148-1 9(a), (b),(d). .1311 DRUG AND ALCOHOL ABUSE SERVICES fa} The tde Division—of prisons—skefl—pfev services for drug and alcohol abusers. fb-) The Divi s ion—of prisons—shall—develop. implement, and coordinate drug and alcohol abuse services or shall contract for such services. fe} There—shall—be—a — system—ef- — patient identification—referral.—service—delivery.—and follow up care. Statutory Authority G.S. 148-1 9(d). .1312 MENTAL RETARDATION SERVICES fa} The — Division—of prisons—sheH — provide services for the mentally retarded. (b) There s hall be a system of identification of mentally retarded inmates in need of services. fe} There—sheH — be a sy stem of referral—te services for the mentally retarded including, but not limited to. the following: f+-» adult—work—activity—programs—fef s ubs tantially handicapped mentally retarded inmates; a+- -an staff — appropriate—and — qualifk person to assist each mentally retarded inmate—m — coping—with — institutional s tre s s: and Statutory Authority G.S. 148-19(a),(b),/d). .1315 RIGHT TO TREATMENT/RIGHT TO REFUSE TREATMENT fa} An inmate has a right to receive mental health—treatment—and—a — right—te — refu s e—such treatment except as provided in Paragraph (b) of this Rule. (b) When an inmate refuses to receive treatment, treatment may be forced only in accordance with procedures described in the Divi s ion of Prison's Health Care Procedures Manual. Statutory Authority G.S. 148- 19(d). .1316 STAFF TRAINING fa} The Divi s ion of prisons shall have the respons ibility of providing in service training so that its employees will be capable of providing the necessary support to the mental health treatment staff. fb} Employees— s hall—receive—training— m recognizing behavior which identifie s an inmate as one who s hould be referred to the mental health services delivery system and shall be trained in the proper referral procedure. i) Employy*'ces s#n«aHn-receive training in managing the behavior of inmates identified as having mental health di s abilitie s . fd} Employees shall *^ —receive training—m importance of the proper distribution and control of prescribed medication. fe-t Employees— s hall—receive—training—m maintaining the confidentiality of mental—health information. 520 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES Statutory Authority G.S. 148-1 9(a), (b),(d). .1317 PROFESSIONAL DEVELOPMENT (a) The Division of prisons shall provide oppor tunities for the professional development of its mental health services system staff. fb) Professional—development—shall—include opportunities—fef — increasing—skills—through in service—training—and — opportunities—te—attend appropriate seminars and short courses offered by professional—organizations—and — institutions—ef higher learning. Statutory Authority G.S. 148-1 9(d). SECTION .1400 - SCOPE AND DEFINITIONS .1401 SCOPE This Subchapter sets forth standards for the delivery of mental health and mental retardation services to inmates in the custody of the Depart-ment of Correction. These standards shall apply to such services provided to inmates by the De-partment or by any other provider of services on a contractual basis. Statutory Authority G.S. 148-1 9(d). .1402 REQUIRED SERVICES (a) The Department shall provide or contract for mental health and mental retardation services. (b) Such services, which address the needs of the client as assessed by a clinician, shall include. but need not be limited to: ill ill ill 14) {5} emergency; prevention; outpatient; residential; and inpatient. Statutory Authority G.S. 148-1 9(d). .1403 DEFINITIONS For the Rules contained in this Subchapter, the following definitions apply: (1) "Administering medication" means direct application of a medication whether by injection, inhalation, ingestion, or any other means to the client. ill 131 'Admission" means acceptance of an inmate for mental health and mental retardation services in accordance with Department procedures. "Area" means one of the six geographic 141 ill 161 ill 181 191 (10) liil (12) (13) (14) catchment areas designated by the De-partment for administrative purposes. "Area program" means a public agency providing mental health, developmental disabilities and substance abuse services for a catchment area designated by the Commission for Mental Health. Develop-mental Disabilities and Substance Abuse Services. "Chief of Mental Health Services" means the individual who is responsible for the development, provision and monitoring of mental health and mental retardation services in the Department's Division of Prisons. His duties include ensuring compliance with statutory and profession-al standards for services. "Client" means an inmate who is admit-ted to and is receiving mental health or mental retardation services. "Client care evaluation study" means evaluation of the quality of services by measuring actual services against specific criteria through collection of data, identi-fication and justification of variations from criteria, analysis of unjustified variations, corrective action, and follow-up study. "Client record" means a written account of all mental health and mental retarda-tion services provided to an inmate from the time of acceptance of the inmate as the client until termination of services. This information js documented on stan-dard forms which are filed in a standard order in an identifiable folder. "Clinician" means a psychiatrist, physi-cian, or psychologist. "Commission" means the Commission for Mental Health, Developmental Disabili-ties and Substance Abuse Services, estab-lished under Part 4 of Article 3 of Chap-ter 143B of the General Statutes. "Contract agency" means an entity with which the Department contracts for a service as defined in the standards exclu-sive of intermittent purchase of service for an individually identified client. "Department" means the Department of Correction. "DHR" means the Department of Human Resources. "DHR review team" means the staff delegated by the Department of Human Resources to monitor the implementation 8:7 NORTH CAROLINA REGISTER July 1, 1993 521 PROPOSED RULES (15) (16) 171 (18) (19) (20) (21) (22) < 23) 24) (25) (26) of standards in accordance with the pro-visions of G.S. 148-19(d). "Direct care staff" means staff who pro-vide care, treatment, or habilitation ser-vices to the client on a continual and regularly scheduled basis. "Disability group" means two or more inmates who are either mentally ill or mentally retarded. "Discharge" means the termination of mental health or mental retardation ser-vices to the client. "Dispensing medication" means issuing for the client one or more unit doses of a medication in a suitable container with appropriate labeling. "Documentation" means provision of written, dated and authenticated evidence of the delivery of services to the client or compliance with standards, "emergency service" means a service which is provided on a (24-hour, non-scheduled basis to inmates for immediate screening and assessment of presenting problems. Crisis intervention and refer-ral to other services are provided as indicated. "Facility" means the physical area, where mental health or mental retardation services are provided, including both buildings and grounds, under the auspices of the Department. "Habilitation" means education, training, care and specialized therapies undertaken to assist a mentally retarded client in achieving or maintaining progress in developmental skills. "Habilitation plan" means an individual-ized, written plan for the client who is mentally retarded which includes measur-able, time-specific objectives based on evaluations, observations, and other assessment data. The plan is based on the strengths and needs of the client and identifies specific staff responsibilities for implementation of the plan. "Health professional" means a staff mem-ber trained in the delivery of medical or mental health services. "Inmate" means an incarcerated individu-al who remains in the custody of the Department. "Inpatient service" means a service pro-vided on a 24-hour basis. Client care is provided under the clinical direction of (27) (28) 29) a physician or doctoral level psycholo-gist. The service provides continuous, close supervision for the client with moderate to severe mental health prob-lems. "Legend drug" means a drug that must be dispensed with a prescription. Medication" means a substance in the official "United States Pharmacopoeia" or "National Formulary" intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease or intended to affect the structure or any function of the body. "Mental health program director" means the individual who is responsible for the operation of mental health and mental retardation services for inmates. "Mental illness" means the term as de; fined in G.S. 122C-3. "Mental retardation" means the term as defined in G.S. 122C-3. (30) (311 (32) "Nurse" means a person licensed to practice in the State of North Carolina either as a registered nurse or as a li^ censed practical nurse. (33) "Officer in charge" means the correction-al officer who has designated responsibil-ity for the custody and safekeeping of inmates in the facility. (34) "Outpatient service" means a service designed to meet the diagnostic and therapeutic needs of the client residing with the regular inmate population. Indi-vidual counseling, psychotherapy, extend-ed t esting and evaluation, and medication therapy are provided as needed. (35) "Peer review" means the formal assess-ment by professional staff of the quality and efficiency of services , ordered or performed by other professional staff. (36) "Physician" means a medical doctor who is licensed to practice medicine in the State of North Carolina. (37) "Prevention service" means a service provided to the prison population. Ser-vice activities include counseling, infor-mation, instruction, and technical assis-tance with the goals of preventing dys-function and promoting well being. (38) "Privileging" means a process by which each staff member's credentials, training and experience are examined and a deter-mination made as to which treatment or habilitation modalities the staff member is 522 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES % I qualified to provide, (39) "Program evaluation" means the system-atic documented assessment of program objectives to determine the effectiveness, efficiency, and scope of the system under investigation, to define its strengths and weaknesses and thereby to provide a basis for informed decision-making. (40) "Protective device" means an intervention that provides support for a medically fragile client or enhances the safety of the client with self-injurious behavior. Such device may include geri-chairs or table top chairs to provide support and safety for the client with a major physi-cal handicap; devices such as seizure helmets or helmets and mittens for self-injurious behaviors; or a device such as soft ties used to prevent a medically jU client from removing intravenous tubes, indwelling catheters, cardiac monitor electrodes, or similar medical devices. (41 ) "Psychiatric nurse" means an individual who is licensed to practice as a registered nurse in the State of North Carolina by the North Carolina Board of Nursing and who is a graduate of an accredited master's level program in psychiatric mental health nursing with two years of nursing experience, or has a master's degree in behavioral science with two years of supervised clinical experience, or has four years of experience in psychiatric mental health nursing. (42) "Psychiatrist" means a physician who is licensed to practice medicine in the State of North Carolina and who has completed an accredited training program in psychiatry. (43) "Psychologist" means an individual who is licensed as a practicing psychologist or a psychological associate in the State of North Carolina or one exempt from licensure requirements who meets the supervision requirements of the North Carolina Board of Examiners of Practicing Psychologists. (44) "Psychotherapy" means a form of treatment of mental illness or emotional disorders which is based primarily upon verbal interaction with the client. Treatment is provided by a trained professional for the purpose of removing or modifying existing symptoms, of attenuating or reversing disturbed (45) (46) (47) (48) (49) (50) (.51 patterns of behavior, and of promoting positive personality growth and develop-ment. "Psychotropic medication" means medication given with the primary intention of treating mental illness. These medications include, but are not limited to , antipsychotics, antidepressants, minor tranquilizers and lithium. "Qualified mental health professional" means any one of the following: psychiatrist; psychiatric nurse; psycholo-gist; psychiatric social worker; an individual with a master's degree in a related human service field and two years of supervised clinical experience in mental health services; or an individual with a baccalaureate degree in a related human service field and four years of supervised clinical experience in mental health services. "Qualified mental retardation professional" means an individual who holds at least a baccalaureate degree in a discipline related to developmental disabilities and who has at least one year of experience in working with mentally retarded clients. " Qualified professional" means a qualified mental health professional or a qualified mental retardation professional. "Qualified record manager" means an individual who is a graduate of a curriculum accredited by the Committee on Allied Health Education and Accreditation of the American Medical Association and the Council on Education of the American Health Information Management Association and who is currently registered or accredited by the American Health Information Management Association. "Quality assurance" means a process for objectively and systematically monitoring and evaluating appropriateness, and the quality, effectiveness of mental health and mental retardation services provided and the degree to which those services meet the identified needs and intended goals for the client. 52) "Release" means the completion of an inmate's active sentence and return to the community. "Research" means inquiry involving a 8:7 NORTH CAROLINA REGISTER July 1, 1993 523 MHMMittiftliM PROPOSED RULES (53) (54) (55) (56) (57) (58) (59) (60) trial or special observation made under conditions determined by the investigator to confirm or disprove a hypothesis, or to explicate some principle or effect . "Residential service" means a service provided in a designated treatment setting where 24-hour supervision is an integral part of the care, treatment, habilitation or rehabilitation provided to the client. "Responsible clinician" means the psychologist, psychiatrist, or physician designated as responsible for the client's treatment. This may include a clinician designated as on-call for the facility. "Restraint" means limitation of the client's freedom of movement with the intent of controlling behavior by mechanical devices which include, but are not limited to, cuffs, ankle straps, or sheets. For purposes of these rules, restraint js a therapeutic modality and does not include protective devices used for medical conditions or to assist a non-ambulatory client to maintain a normative body position, or devices used for security purposes. "Seclusion" means isolating the client in a separate locked room or a room from which he cannot exit for the purpose of controlling the client's behavior. For purposes of these rules, seclusion is a therapeutic modality and does not include segregation for administrative purposes. "Service" means an activity or interaction intended to benefit an individual who is in need of assistance, care, habilitation, intervention, rehabilitation or treatment. "Service delivery site" means any area, correctional institution, residential unit, or inpatient unit operated by the Department where mental health and mental retardation services are provided. "Social worker" means an individual who holds a master's degree in social work from an accredited school of social work and has two years of clinical social work experience in a mental health setting or who is a clinical social worker certified by the North Carolina Certification Board for Social Work. "Standards" means minimum standards for the delivery of mental health and mental retardation services to clients-prescribed by the Commission for Mental (61 66) Health. Developmental Disabilities and Substance Abuse Services and codified in 10 NCAC 14A .1400 through .2900. "State facility" means a facility operated by the Division of Mental Health, Developmental Disabilities and Substance Abuse Services and which provides mental health, mentalretardation or substance abuse services. (62) "Support service" means a service provided to enhance the client's progress in his primary treatment or habilitation program. (63) "Testing services " means the administration and interpretation of the results of standardized instruments for the assessment, diagnosis or evaluation of psychological or developmental disorders. (64) "Treatment" means the process of providing for the physical, emotional, psychological, and social needs of the client through services. (65) "Treatment plan " means an individualized, written plan of treatment for a mentally ilf client. The plan contains time-specific goals and strategies for implementing the goals, and identifies direct care staff responsible for the provision of treatment services to the cli ent. "Waiver" means a situation in which the commission determines that a specific prison site is not required to comply with a specific standard. A waiver is granted according to ffie provisions of K) NCAC 14B .0500. Statutory Authority- G.S. 148-1 9(d). SECTION .1500 - ORGANIZATIONAL RESPONSIBILITIES .1501 COORDINATION AND DELIVERY OF SERVICES The Department shall develop and implement a plan to ensure coordination fn the delivery of all mental health and mental retardation services. Statutory Authority G.S. 148-1 9(d). .1502 ORGANIZATIONAL CHART The organizational chart of the Department shall clearly articulate the channels of responsibility in implementing and ensuring the coordination of mental health and mental retardation services. 524 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES Statutory Authority G.S. 148-1 9(d). .1503 DISTRIBUTION OF STANDARDS The Department shall distribute to al] sen deliver/ sites adequate copies of the Rules of this Subchapter and any subsequent revisions to these Rules as they occur. Statutory Authority G.S. 148-1 9(d). .1504 COMPLIANCE WITH RULES (a) The Department shall conduct an annual in-ternal evaluation of compliance with Commission standards in each service delivery site. (b) The evaluation report shall be made available to the DHR review team. Statutory Authority G.S. 148-1 9(d). .1505 GRIEVANCE RULE The Department shall develop and implement a rule which identifies procedures for review and disposition of grievances regarding mental health and mental retardation services. Statutory Authority G.S. 148-1 9(d). SECTION .1600 - REQUIRED STAFF .1601 PSYCHIATRIST Each service delivery site shall employ, or contract for, the services of a psychiatrist to ensure the client's accessibility to services which require the judgment and expertise of a psychiatrist. Statutory Authority G.S. 148-1 9(d). . 1 602 PSYCHOLOGIST Each service delivery site shall employ, or contract for, the services of a psychologist to ensure the client's accessibility to services which require the judgement and expertise of a psychologist. Statutory Authority G.S. 148-1 9(d). .1603 REGISTERED NURSE Each service delivery site shall employ, or contract for, a qualified registered nurse to ensure that the client is given the nursing care that re-quires the judgment and specialized skills of a registered nurse. Statutory Authority G.S. 148-1 9(d). .1604 SOCIAL WORKER Unless exempted by the Chief of Mental Health Services, based on size and mission of the facility, each service delivery site shall employ, or con-tract for, social work staff to ensure the client's accessibility to services which require the knowl-edge and expertise of a social worker. Statutory Authority G.S. 148-1 9(d). .1605 SUPPORT STAFF Each service delivery site shall have support staff to ensure the delivery of mental health and mental retardation services to clients. This includes, but need not be limited to. clerical staff. Statutory Authority G.S. 148-1 9(d). SECTION .1700 - ORGANIZATIONAL RELATIONS .1701 COORDINATION OF SERVICES The Department shall develop and implement procedures to facilitate cooperative working rela-tionships between the staff of mental health and mental retardation services, custody personnel, and other service staff to facilitate the provision of services for inmates who are mentally iM or men-tally retarded . Statutory Authority G.S. 148-1 9(d). .1702 DEFORMATION AND OUTREACH SERVICES The Department shall provide, to correctional staff, information designed to promote awareness of mental health and mental retardation services available to inmates within the Department. Statutory Authority G.S. 148-1 9(d). .1703 AGREEMENT WITH THE DEPARTMENT OF HUMAN RESOURCES The Department shall have a written agreement with the Department of Human Resources regard-ing mutual responsibilities for mental health and mental retardation services to inmates under Department supervision. Statutory Authority G.S. 148-1 9(d). SECTION .1800 - QUALITY ASSURANCE .1801 SCOPE 8:7 NORTH CAROLINA REGISTER July I, 1993 525 MHHWimiHIHlWWJ PROPOSED RULES (a) Quality assurance shall be a continuing responsibility of the Department and each service delivery site that offers mental health and mental retardation services, (b) Quality assurance activities shall include, but need not be limited to: ( 1 ) clinical and professional supervision and privileging; client care evaluation studies; 161 a social worker. L2J ill (4J ill i6j CD record review; utilization and peer review; employee education and training; program evaluation; and evidence of corrective action. Statutory Authority G.S. 148-1 9(d). .1802 QUALITY ASSURANCE PLAN (a) The Department shall establish and imple-ment a written quality assurance plan for mental health and mental retardation services that de-scribes how quality assurance activities will be carried out. (b) Quality assurance activities shall include, but need not be limited to, the following: ( 1) an objective and systematic process for monitoring and evaluating the quality and appropriateness of client care, incorporating a review of significant incidents, which may include but need not be limited to, suicides, sudden deaths, and major assaults; (2) a written plan of professional and clini-cal supervision describing such activi-ties and how they shall be carried out; (3) the establishment and implementation of program evaluation activities; (4) the strategies for improving client care; and (5) evidence of corrective action. (c) The plan shall be reviewed annually, and may be revised at any time by the Department. Statutory Authority G.S. 148-1 9(d). .1803 QUALITY ASSURANCE COMMITTEE (a) The Department shall have a quality assur-ance committee which shall be comprised of: ( 1 ) representation from mental health and mental retardation service areas ; (2) a qualified record manager; (3) a nurse; (4) a physchologist; (5) a psychiatrist; and (b) The purpose, scope and organization of the quality assurance committee shall be specified in the quality assurance plan, which shall include, but need not be limited to the following: (1) the committee shall meet at least monthly; (2) a member shall not review his own client's treatment or habilitation record; and (3) minutes of meetings shall be recorded and shall include, but need not be limited to: (A) date, time, attendees and absentees; and (B) a summary of the business which was conducted. Statutory Authority G.S. 148-1 9(d). .1804 CLIENT CARE EVALUATION STUDIES The quality assurance committee shall ensure that at least one client care evaluation study of issues, relevant to the improvement of services to clients. is completed during each fiscal year. Statutory Authority G.S. 148-1 9(d). .1805 CLIENT RECORD REVIEW The quality assurance committee shall establish, implement and document the criteria, procedure and methodology for client record reviews for completeness and adequacy, as delineated in Section .2000 of these Rules. Statutory Authority G.S. 148-1 9(d). . 1 806 SUPERVISION OF MENTAL HEALTH AND MENTAL RETARDATION STAFF (a) The Department shall implement a written plan of supervision for staff who are not qualified mental health or mental retardation professionals. as defined in Rule . 1403 of Section . 1400. and who provide mental health or mental retardation services. (b) The Department shall ensure that: ( 1) each mental health staff member who provides services, and who is not quali-fied in that service area, shall have an individual contract of supervision with a qualified mental health professional; and (2) each mental retardation staff member 526 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES shall be supervised by, or have access to, the professional supervision of a qualified mental retardation profession-aL Statutory Authority G.S. 148-1 9(d). .1807 PRIVILEGING OF ALL PROFESSIONAL STAFF (a) The Department shall ensure that the qualifi-cations of each mental health and mental retarda-tion professional are examined, and a determina-tion is made as to treatment or habilitation privi-leges granted and supervision needed . (b) Delineation of privileges shall be based on documented verification of the individual's compe-tence, training, experience and licensure. (c) The privileging process shall be reviewed and approved by the Department's quality assur-ance committee. Statutory Authority G.S. 148- 19(d). .1808 EMPLOYEE EDUCATION AND TRAINING (a) The Department shall: (1) provide or secure orientation programs and annual continuing education and training for employees to enhance their competencies and knowledge needed to administer, manage, and deliver quality mental health and mental retardation services; and (2) assure the maintenance of an ongoing record of all education and training activities provided or secured for em-ployees. (b) The education and training activities shall: (1) address, at a minimum, the needs iden-tified by the quality assurance process and related committees; and (2) as deemed necessary by the Depart-ment, be provided at no expense to staff. Statutory Authority G.S. 148-1 9(d). .1809 PROGRAM EVALUATION ACTIVITIES (a) The Department shall implement program evaluation activities. (b) These activities shall reflect the evaluation of program quality, effectiveness and efficiency in such areas as the: (1) impact of the program in reducing readmissions; (2) availability and accessibility of services; (3) impact of services upon the clients within the service area; (4) patterns of use of service; and (5) cost of the program operation. Statutory Authority G.S. 148-1 9(d). .1810 QUALITY ASSURANCE ANNUAL REPORT (a) The Department shall make available, to the DHR review team, a written annual report summa-rizing the activities and recommendations of the quality assurance committee. (b) This report shall include, at a minimum, the following functional areas: (1) client care evaluation studies; £2) 13} (41 client record reviews; utilization and peer reviews; clinical supervision; (5) employee education and training activi-ties; and (6) the results of program evaluation. Statutory Authority G.S. 148-1 9(d). SECTION .1900 - FACILITIES MANAGEMENT .1901 SCOPE The Rules [n thus Section apply to each service delivery site within the Department and to any other provider of services on a contractual basis. Statutory Authority G.S. 148-1 9(d). .1902 BUILDINGS AND GROUNDS Buildings and grounds shall be well-maintained in order to promote the health and safety of both clients and staff. Statutory Authority G.S. 148-1 9(d). .1903 SPACE REQUIREMENTS (a) Space shall be provided to facilitate the delivery of mental health and mental retardation services. (b) Each client jn an inpatient mental health unit shall be housed in a single cell. (c) Each client in a residential treatment pro-gram, who is housed in multiple client rooms, shall have a minimum of 50 square feet of living space. (d) Each service delivery site shall have private space for interviews and conferences with clients. 8:7 NORTH CAROLINA REGISTER July 1, 1993 527 PROPOSED RULES Statutory Authority G.S. 148- 19(d). . 1 904 ADDITIONAL REQUIREMENTS FOR RESIDENTIAL/LNPATIENT UNITS (a) Each residential and inpatient unit providing mental health or mental retardation services shall have indoor space for group activities and gather-ings. (b) The space ]n which therapeutic and habilita-tive activities are routinely conducted shall be separate from sleeping areas. Statutory Authority G.S. 148- 19(d). SECTION .2000 - CLIENT RECORDS .2001 SCOPE (a) The Rules in this Section apply to each service delivery site and to any other provider of services on a contractual basis, unless otherwise specified in this Section. (b) This Section applies to the management of client information which \_s generated by a service delivery site during the period of time that treat-ment or habilitation services are rendered to clients. Statutory Authority G.S. 148-1 9(d). .2002 STANDARD CLIENT RECORD (a) The Department shall develop and maintain a standard client record for each client who receives mental health or mental retardation treat - ment or habilitation services. (b) The same forms and filing format shall be utilized within each disability. Statutory Authority G.S. 148-1 9(d). .2003 RECORD REQUIREMENTS (a) A written client record shall be maintained for each client, and shall contain, at a minimum, the following identifying information: ill mm £4) ill 16) name; record number; date of birth; race, sex, and marital status; admission date; and discharge date. (b) Active outpatient client records shall be kept in the outpatient health record and filed at the client's assigned unit. (c) Each inpatient program shall maintain active inpatient records which shall be kept separate from the outpatient records. (d) The outpatient record shall be transferred to the inpatient unit. (e) Information required in other Rules in this Subchapter, including but not limited to. prescrib-ing and administering medication, and seclusion and restraint shall be documented in the client record. (f) All client record entries shall include the date of entry and authentication by the individual making the entry. (g) The time of service shall be recorded, based upon the nature of the service or incident; such as. shift notes, medication administration, and acci-dents and injuries. (h) Ail client record entries shall be legible and made in permanent ink or typewritten. (i) Alterations in client records, which are necessary in order to correct recording errors or inaccuracies, shall: LD £21 til £4) £51 be made by the individual who recorded the entry; have a single, thin line drawn through the error or inaccurate entry with the original entry still legible; show the corrected entry legibly record-ed above or near the original entry; show the type of documentation error or inaccuracy whenever the reason for the alteration js unclear; and i nclude the date of correction and ini-tials of recorder. (j) Each page of the client record shall include the client's name and number. (k) Client records shall include only those symbols and abbreviations contained in an abbrevi-ation list approved by the Department. {]} Notations in a client's record shall not identi-fy another client by name. (m) Each service delivery7 site shall designate, m writing, those individuals authorized to have access to client records and who may make entries m the record. (n) Any additional information regarding the following shall be included in the client record: (1) diagnostic tests, assessments, evalua-tion, consultations, referrals, support services or medical services provided: known allergies or hypersensitivities; major events, accidents or medical emergencies, involving the client: consent for. and documentation of. £21 £31 £41 £51 release of information; documentation of applied behavior modification, which includes at risk or other intrusive interventions, including 528 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES 161 ill m authorization, duration, summaries of observation and justification; conferences or involvements with the client's family, significant others, or involved agencies or service providers; documentation of attendance in outpa-tient service; and results of any standardized and non-standardized evaluations, such as social, developmental, medical, psychological, vocational or educational. Statutory Authority G.S. 148-1 9(d). .2004 CONFIDENTIALITY OF CLIENT RECORD (a) All information contained in the client record shall be considered privileged and confidential, with the exception of matters of public record, as set forth in 5 NCAC 2D .0600. (b) The Department shall ensure confidentiality of client records during their use, transportation, and storage. (c) The Department shall ensure that information contained in client records is released upon the written authorization of the client, in accordance with other Department Rules, or as set forth in the provisions of G.S. 122C-55(c). (d) Employees governed by the State Personnel Act, G.S. Chapter 126, are subject to suspension, dismissal or disciplinary action for failure to comply with the Rules in this Subchapter. (e) The Department shall inform all employees, students, volunteers, and all other individuals with access to confidential information, the provisions of the Rules in this Subchapter. Such individuals with access to confidential information shall sign a statement of understanding and compliance. (f) Records shall be protected against loss, tampering, or use by unauthorized persons. (g) Records shall be readily accessible to autho-rized users at all times. Ch) When consent for release of information is obtained, a time-limited consent, not to exceed one year, shall be utilized. Statutory Authority G.S. 148-1 9(d). .2005 DIAGNOSTIC CODING The Department shall code diagnoses for clients using the following diagnostic systems: (1) Mental illness or mental retardation shall be diagnosed according to the Diagnostic and Statistical Manual of Mental Disor-ders, 3rd Edition - Revised (DSM-III-R). (2) Physical disorders shall be diagnosed according to Interational Classification of Diseases, 9th Revision, Clinical Modifi-cation (ICD-9-CM). Statutory Authority G.S. 148-1 9(d). .2006 CLIENT RECORD AVAILABILITY The Department shall ensure that client records are available to professional staff for a minimum of three years following the inmate's release. This shall apply to previous incarcerations. Statutory Authority G.S. 148-1 9(d). SECTION .2100 - SERVICE ELIGIBILITY .2101 SCOPE The Rules in this Section apply to each service delivery site within the Department and to any other provider of services on a contractual basis. Statutory Authority G.S. 148-1 9(d). .2102 SERVICE CRITERIA The Department shall ensure the development of service criteria for mental health and mental retardation services. These criteria shall be com-municated to inmates and staff. Statutory Authority G.S. 148-1 9(d). .2103 SCREENTNG The Department shall develop a systematic means of screening each inmate referred for services to determine his need for services, and designate staff qualified to make screening determinations. Statutory Authority G.S. 148-1 9(d). .2104 WAITING LISTS The Department shall establish criteria for prioritizing service delivery and use of waiting lists for mental health and mental retardation services. Statutory Authority G. S. 148-1 9(d). .2105 INFORMATION REGARDING AVAILABILITY TO SERVICES The Department shall ensure that each inmate is informed how to access mental health and mental retardation services. Statutory Authority G.S. 148-1 9(d). 8:7 NORTH CAROLINA REGISTER July 1, 1993 529 PROPOSED RULES SECTION .2200 - TREATMENT AND HABILITATION .2201 SCOPE (a) The Rules in this Section apply to each service delivery site within the Department and to any other provider of services on a contractual basis. (b) The process of treatment or habilitation shall incorporate activities and procedures that address the client's assets and needs from the point of initial contact, through active treatment or habilita-tion. and after discharge from treatment. Statutory- Authority G.S. 148-1 9(d). .2202 ADMISSION ASSESSMENT (a) An admission note shall be completed within 24 hours of admission which includes, but need not be limited to: ( 1) reason for admission; (2) present condition of the client reported in objective, behavioral terms, and when possible, a description of the client's condition by others; (3) diagnostic impression, including a provisional or admitting diagnosis; (4) determination of and request for addi-tional referrals or special diagnostic tests, assessments or evaluations, if needed; and (5) a preliminary individual treatment or habilitation plan. (b) If clinically indicated, a social, educational, medical, criminal, vocational, developmental, and psychiatric history shall be completed within 30 days after admission. Statutory Authority G.S. 148-1 9(d). .2203 EVALUATION AND DIAGNOSIS Each service delivery site shall document, for each client, any routine diagnostic tests, assess-ments and evaluations, or medical examinations, as well as time frames for their completion. Statutory Authority G.S. 148-1 9(d). .2204 TREATMENT OR HABILITATION PLAN (a) Each service delivery site shall develop an individualized treatment or habilitation plan for each client based upon: ( 1 ) an evaluation of his condition, assets and needs; and (2) information gathered during the admis-sion assessment process. (b) The treatment or habilitation plan shall be documented in the client record as follows and shall: (1) provide a systematic approach to the treatment or habilitation of the client; (2) substantiate the appropriateness of treatment or habilitation goals; (3) designate clinical responsibility for the development and implementation of the plan; (4) include at least the diagnosis to ensure consistency; (5) include time-specific measurable goals; and (6) provide a summary of client, and if appropriate, family strengths and weak-nesses. (c) When medically or clinically indicated, the plan shall be: (1) revised; and (2) reviewed, at least annually, with such review documented in the plan. (d) The client shall have the opportunity to participate in the development and implementation of the treatment and habilitation plan. Statutory Authority G.S. 148-1 9(d). .2205 PROGRESS NOTES (a) Progress notes shall be recorded at least on a weekly basis in residential and inpatient services and following each scheduled appointment in outpatient services. (b) Progress notes shall reflect the client's progress or lack of progress: (1) in meeting goals; in staff interventions; (3) (4) regarding information which may have a significant impact on the client's condition; and when indicating reviews of relevant laboratory reports and actions taken. Statutory Authority G. S. 148-1 9(d). .2206 TRANSFER OR DISCHARGE SUMMARY (a) Whenever a client is transferred to a differ-ent level of service, a written transfer note by the referring unit shall accompany the client summa-rizing the client's condition at the time of transfer. and any recommendations for continued care. (b) A qualified professional in the receiving unit 530 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES shall evaluate the client to determine the need for continued treatment or habilitation. (c) At the time of discharge, a discharge sum-mary shall be completed and shall include: (1) the reason for admission; (2) course and progress of the client in relation to the goals and strategies jn the individual treatment or habilitation plan; condition of the client at discharge; recommendations and arrangements for further services or treatment; and final diagnosis. 01 141 15) Statutory Authority G.S. 148-1 9(d). .2207 TREATMENT AND HABILITATION COORDINATION (a) Coordination shall be maintained among all staff members contributing to the evaluation, planning, and treatment and habilitation efforts for each client. (b) Each service delivery site, utilizing shifts or relief staff, shall develop mechanisms to ensure adequate communication among staff regarding clients. Statutory Authority G.S. 148-1 9(d). .2208 RELEASE PLANNING IN RESIDENTIAL AND INPATIENT SERVICES (a) When release of a client can be anticipated and the need for continued treatment has been identified, each client shall have a written individ-ualized aftercare plan, (b) The aftercare plan shall: (1) be formulated by qualified profession-als; 12) inform the client of how and where to ill 141 15) (6) <2) receive treatment or habilitation servic-identify continuing treatment or habili-tation needs; addressing issues, such as food, housing, and employment; indicate the need and the plan, if appli-cable, to involuntarily commit (inpatient or outpatient); involve the respective area program or state facility, when indicated; address the procurement and availability of medication prescribed for mental health problems for the released client, regardless of his ability to pay; address the use and coordination of generic resources in the community, which may be through Employment Security Services, Vocational Rehabili-tation Services, community colleges, and YMCA; and (8) be provided to the client. (c) The Department shall designate a qualified professional staff member to assist the client in establishing contact with the respective area pro-gram or state-operated facility. (d) The designee shall be responsible for provid-ing information to file area program or state-operated facility to ensure continuity of treatment upon the client's release. Statutory Authority G.S. 148-1 9(d). SECTION .2300 - CLINICAL SERVICES .2301 SCOPE (a) The Rules in this Section apply to each service delivery site, and to any other provider of services on a contractual basis that incorporates clinical services in their activities. (b) The provision of clinical services shall be provided by qualified mental health professionals as an essential component of the treatment or habilitation process, to include but not limited to: (1) individual and group counseling; (2) psychotherapy services; (3) testing services; and (4) specialized therapies of various kinds. Statutory Authority G.S. 148-1 9(d). .2302 COUNSELESTG AND PSYCHOTHERAPY SERVICES Individual, group and family counseling, and psychotherapy shall be provided by, or under the direct supervision of, qualified professionals who have received training in these treatment or habili-tation modalities. Statutory Authority G.S. 148-1 9(d). .2303 SPECIALIZED THERAPIES The following shall be provided by, or under the direct supervision of, staff licensed or registered to perform these activities: (1) Medical care; (2) physical, occupational, or language and communication therapy; and (3) nursing care. Statutory Authority G.S. 148-1 9(d). 8:7 NORTH CAROLINA REGISTER July 1, 1993 531 PROPOSED RULES .2304 TESTING SERVICES Individuals, who are privileged to utilize the particular testing instrument being administered, shall perform testing in the areas of: (1 ) Psychological; (2) developmental; (3) educational; and (4) intelligence. Statutory Authority G.S. 1 48-1 9(d). SECTION .2400 - MEDICATION SERVICES .2401 SCOPE (a) The Rules in this Section apply to each service delivery site and to any other provider of services on a contractual basis that provide medi-cation services, (b) Any client who is placed on medication for problems associated with mental health and mental retardation disabilities and needs shall receive, at least, medication services that include, but need not be limited to: (1) prescribing; dispensing; administration; storage; control; and 13) 14) 15) 16} provision of education. Statutory Authority G.S. 148-1 9(d). .2402 DISPENSING OF MEDICATION (a) Medication shall be dispensed, by a pharma-cist or physician, in a properly labeled container in accordance with state and federal law. (b) The medication container shall protect medication from light and moisture, and shall be in compliance with the Poison Prevention Packaging Act. Statutory Authority G.S. 148-1 9(d). .2403 ADMINISTRATION OF MEDICATION (a) Medication shall be administered in accor-dance with state and federal law. (b) Prescription medication shall be administered in service delivery sites only on the order of an authorized prescriber. (c) Non-prescription medications and standing orders shall be administered only on the written approval of a physician or person authorized to prescribe legend drugs. (d) Only properly dispensed medication shall be administered. (e) Medication shall be administered in inpatient psychiatric services only by a physician, physician assistant, or nurse. (f) In other service delivery sites, medication may be either: (1) administered by program or correction-al staff who have received training by the Department; or (2) self-administered by any client who has received instructions, from either the program's physician or designee, about: (A) each medication; (B) dosage; (C) time of administration; and (D) side effects and contraindications. Statutory Authority1 G.S. 148-1 9(d). .2404 INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION (a) Psychotropic medication may be adminis-tered to any non-consenting client who is mentally ill and receiving inpatient mental health treatment, when any one or more of the following conditions exist: d) failure to treat the client's illness or injury would pose an imminent substan-tial threat of injury or death to the client or those around him; or if (2) there is evidence that the client's condi-tion is worsening, and if not treated, is likely to produce acute exacerbation of a chronic condition that would endanger the safety or jife of the client or others; and: (A) the evidence of substantial and pro-longed deterioration is corroborated by medical history; and (B) the source of the history is document-ed in the client's record. (b) A medication refusal exists when a client refuses to take medication within 30 minutes of the initial offer. Any client who accepts medication within 30 minutes of the initial offer shall not be considered to have refused medication. (c) Medication Refusal: (1) All incidents of medication refusal shall be: (A) reported as promptly as possible to the psychiatrist who is treating the client; and (B) documented on progress notes and the medication chart by staff responsible for administering the medication. (2) The administering staff shall attempt to 532 8:7 NORTH CAROLINA REGISTER July 1, 1993 PROPOSED RULES determine the reason for refusal by cause of the refusal; questioning the client and encouraging him to accept the medication. Such shall be documented in the client's record. mi inform the client of indications for psychotropic medication (benefits and risks), and the advantages and disad-vantages of any alternate courses of 13] Any member of the treatment team treatment; and shall discuss the reasons for refusal IQ request his consent. directly with the client and attempt to m The treatment team may also assist in resolve those concerns which are the source of the refusal before a forced efforts to explain the advantages of medication to the client. medication order is written. ih The client's record shall contain docu- ID Initial Emergency Situation: In an initial emergency situation the mentation that efforts have been made to determine the cause of refusal and £A) physician: may initiate procedures and write an order for administering emergency forced medication, not to exceed 72 hours; and 14] advantages of medication. The physician shall initiate a referral to the Involuntary Medication Committee if the client continues to refuse medica-tion. The Committee shall: m shall document in the client's record the pertinent circumstances and ratio-nale for the psychotropic medication. IA) determine whether the condition as set forth in Paragraph (a) exists before authorizing an involuntary medication (2J IA} If the physician determines that the condition set forth in Paragraph (a)(1) of this Rule exists and: the medication is a generally accepted treatment for the client's condition; mi IQ order; apply the criteria set forth in Subpara-graphs (d)(1) and (2) in making its determination. If neither of the conditions set forth in m> there is a substantial likelihood that the treatment will effectively reduce Paragraph (a) of this Rule exists, the client's refusal to accept the medica-the signs and symptoms of the client's illness; and (f) nvo tion will be honored, luntary Medication Committee: IQ from a therapeutic viewpoint, the proposed medication is the least intru-sive of the possible treatments. In all cases, the medication shall not exceed the dosage expected to accom-plish the treatment objective. 111 The Involuntary Medication Committee shall be appointed by the Chief of Mental Health Services and consist of a psychiatrist, a psychologist, and a mental health nurse who is a Registered Nurse. 13J IA) Continuation of emergency situation: If needed, two subsequent emergency periods of 72 hours may be autho-rized only after the attending psychia-trist has received the written or verbal IA1 If the psychiatrist who issued the involuntary medication order is the individual who normally sits on the committee, another psychiatrist shall serve in that capacity. concurrence from another psychiatrist im Other prison staff, who have pertinent not currently involved in the client's information that may be useful to the treatment. committee in making its determina-im Then, if the client continues to refuse medication after it is determined that tion, shall be required by the commit-tee to attend the hearing. psychotropic medication is still war-ranted, procedures for administering medication in a non-emergency situa-ill In conducting the hearing, the commit-tee chairman, appointed by the Chief of Mental Health Services, shall ensure le] Non tion shall be implemented. -Emergency Situations: i£l that the client: has received written and verbal notice 0]. When a client refuses psychotropic of the time, date, place, and the pur-medication in a non-emergency situa-tion, the attending physician shall: m pose of the hearing; is informed of his right to hear evi- (A) make every effort to determine the dence providing the basis for the «:7 NORTH CAROLINA REGISTER July 1, 1993 533 PROPOSED RULES involuntary medication, and the right to call witnesses in his behalf; (C) attends the hearing, unless his clinical condition [s such that his attendance is not feasible. In this case, the Com-ih in} mittee shall: state the reasons for determining that the presence of the client is not feasible. allow the client to be interviewed (iii) in his room by the client represen-tative and one or more members of the Committee, if appropriate; and allow the client representative an opportunity to present facts rel
Object Description
Description
Title | North Carolina register |
Date | 1993-07-01 |
Description | Vol. 8, issue 7 (July 1, 1993) |
Publisher | Raleigh, N.C. : Office of Administrative Hearings |
Digital Characteristics-A | 146 p.; 10.61 MB |
Digital Format | application/pdf |
Pres File Name-M | pubs_serial_ncregister19930701.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_serial_ncregister\images_master |
Full Text |
RBR/KFN/74-34-/.A2/MG7
RECEIVED
rjUL 2 1995
IAW LIBRARY
The
NORTH CAROLINA
REGISTER
IN THIS ISSUE
IN ADDITION
Tax Review Board
; ^ORTH
TSTM
ITIOM
PROPOSED RULES
Agriculture
Environment, Health, and Natural Resources
Human Resources
Insurance
Medical Examiners, Board of
LIST OF RULES CODHTED
RRC OBJECTIONS
RULES INVALIDATED BY JUDICIAL DECISION
CONTESTED CASE DECISIONS
ISSUE DATE: July 1, 1993
Volume 8 • Issue 7 • Pages 503 - 640
INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE
NORTH CAROLINA REGISTER TEMPORARY RULES I
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 ($105.00) 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. 27611-7447.
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.
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 mat
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 101 through 201 of the North Carolina
Register issued on April 1, 1986.
FOR INFORMATION CONTACT Office of
Administrative Hearings, ATTN: Ru es Division, P.O.
Drawer 27447, Raleigh, North Carolina 27611-7447, (919)
733-2678.
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 St.,
Deputy Director
Molly Masich,
Director ofAPA Services
Staff:
Ruby Creech,
Publications Coordinator
Teresa Kilpatrick,
Editorial Assistant
Jean Shirley,
Editorial Assistant
ISSUE CONTENTS
I. IN ADDITION
Tax Review Board 503
II. PROPOSED RULES
Agriculture
N.C. State Fair 506
Plant Industry 513
Veterinary Division 515
Environment, Health, and
Natural Resources
Coastal Management 571
Environmental Management .... 556
Health Services 572
Marine Fisheries 568
Human Resources
Medical Assistance 553
Mental Health, Developmental
Disabilities and Substance Abuse
Services 516
Insurance
Actuarial Services 555
Licensing Board
Medical Examiners 591
III. LIST OF RULES CODIFIED . . 593
IV. RRC OBJECTIONS 603
V. RULES INVALIDATED BY
JUDICIAL DECISION 608
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions 609
Text of Selected Decisions
92 DOA 0803 613
92 DHR 1699 632
VII. CUMULATIVE INDEX 639
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
:£: sjc ^ ^ ^ ^fi ^e ******* ******* ^c s[c + Jfi :fc :+: J£ ******* >: :k :< •:< -< i< •:< *******
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
* TJie "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.
IN ADDITION
STATE OF NORTH CAROLINA
COUNTY OF WAKE
BEFORE THE TAX REVIEW BOARD
In the matter of:
The Proposed Assessment of
Corporate Income Tax for the
taxable year ended 30 June 1989
by the Secretary of Revenue
against UCI Holdings, Inc.
ADMINISTRATIVE
DECISION NUMBER: 273
THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax
Review Board at its regular meeting in the City of Raleigh on 30 April 1993, upon the petition of UCI
Holdings, Inc. for review of a Final Decision of the Deputy Secretary of Revenue entered 12 September 1991
sustaining a proposed assessment of corporate income tax for the taxable year ended 30 June 1989.
AND IT APPEARING TO THE BOARD that the findings of fact made by the Deputy Secretary of
Revenue were fully supported by competent evidence of record, that the conclusions of law made by the
Deputy Secretary were fully supported by the findings of fact, and that the decision by the Deputy Secretary
was fully supported by the conclusions of law;
IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is
confirmed in every respect.
Entered this the 8th day of June, 1993.
TAX REVIEW BOARD
Harlan E. Boyles, Chairman
State Treasurer
William W. Redman, Jr.
Chairman. Utilities Commission
Jeff D. Batts
NORTH CAROLINA REGISTER July 1, 1993 503
IN ADDITION
STATE OF NORTH CAROLINA
COUNTY OF WAKE
BEFORE THE TAX REVIEW BOARD i
In the matter of:
The Proposed Assessment of
Additional Income Tax for
taxable year 1988 by the
Secretary of Revenue against
Jeffrey S. and Polly K. Whittle.
ADMINISTRATIVE
DECISION NUMBER: 274
THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax
Review Board at its regular meeting in the City of Raleigh on 30 April 1993, upon the petition of Jeffrey S.
and Polly K. Whittle for review of a Final Decision of the Deputy Secretary of Revenue entered 18 February
1992 sustaining a proposed assessment of additional income tax for the tax year 1988.
AND IT APPEARING TO THE BOARD that the findings of fact made by the Deputy Secretary of
Revenue were fully supported by competent evidence of record, that the conclusions of law made by the
Deputy Secretary were fully supported by the findings of fact, and that the decision by the Deputy Secretary
was fully supported by the conclusions of law;
IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is
confirmed in every respect.
'
Entered this the 8th day of June, 1993.
TAX REVIEW BOARD
Harlan E. Boyles, Chairman
State Treasurer
William W. Redman, Jr.
Chairman, Utilities Commission
Jeff D. Batts
I
504 8:7 NORTH CAROLINA REGISTER July 1, 1993
IN ADDITION
STATE OF NORTH CAROLINA
COUNTY OF WAKE
BEFORE THE TAX REVIEW BOARD
In the matter of:
The Proposed Assessment of
Additional Sales and Use Tax
for the period 1 July 1983
through 30 June 1986 by the
Secretary of Revenue against
Piedmont Aviation, Inc.
ADMINISTRATIVE
DECISION NUMBER: 275
THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax
Review Board at its regular meeting in the City of Raleigh on 30 April 1993, upon the petition of Piedmont
Aviation, Inc. for review of a Final Decision of the Deputy Secretary of Revenue entered 6 July 1992
sustaining a proposed assessment of additional sales and use tax for the period 1 July 1983 through 30 June
1986.
AND IT APPEARING TO THE BOARD that the findings of fact made by the Deputy Secretary of
Revenue were fully supported by competent evidence of record, that the conclusions of law made by the
Deputy Secretary were fully supported by the findings of fact, and that the decision by the Deputy Secretary
was fully supported by the conclusions of law;
IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is
confirmed in every respect.
Entered this the 8th day of June, 1993.
TAX REVIEW BOARD
Harlan E. Boyles, Chairman
State Treasurer
William W. Redman, Jr.
Chairman, Utilities Commission
Jeff D. Batts
8:7 NORTH CAROLINA REGISTER July 1, 1993 505
PROPOSED RULES
TITLE 2 - DEPARTMENT OF
AGRICULTURE
l\otice is hereby given in accordance with G.S.
150B-21.2 that the N.C. Board of Agriculture
intends to amend rules cited as 2 NCA C 20B . 0102
- .0104; .0106: .0203 - .0204; .0206; .0208;
.0211: .0214; .0216; .0218; .0220; .0225; .0301;
.0411; .0413; .0426; 2 NCAC 48A .0611; 2 NCAC
48C . 0005; . 001 7; . 0020 -. 0021; . 0023 - . 0024; 2
NCAC 52B .0502; and repeal rules cited as 2
NCAC 20B .0105 and .0414.
1 he proposed effective date of this action is
October 1, 1993.
1 he public hearing will be conducted at 10:00
a.m. on August 12. 1993 at the Gov. James B.
Hunt, Jr. Horse Complex (Restaurant), 4601
Trinity Rd. , Raleigh, NC 27607.
MXeason for Proposed Action:
2 NCAC 20B .0102 - TRAFFIC REGULATIONS -
To make minor changes in State Fair traffic rules.
2 NCAC 20B .0103 - ADVERTISING MATTER -
To update description of State Fair boundaries.
2 NCAC 20B .0104 - ADMISSION REGUIA-TIONS
- To increase State Fair gate admission
prices and to update operating hours.
2 NCAC 20B .0105- EMPLOYEE REGULATIONS
- To remove internal operating procedure from
rules.
2 NCAC 20B .0106 - GENERAL - To make gram-matical
changes and to remove prohibition on
metal drink containers.
2 NCAC 20B .0203 - OCCUPANCY OF SPACE -
To clarify wording.
2 NCAC 20B .0204 - FORFEITURE - To update
reference to duration of State Fair.
2 NCAC 20B .0206 - EXPIRATION OF CON-TRACTS
- To reduce time for removal of tempo-rary
booths from Fairgrounds.
2 NCAC 20B .0208 - TIME LIMITS ON REMOV-AL
- To change time for dismantling of exhibits
and removal of items on display outdoors.
2 NCAC 20B .0211 - SIGNS - To prohibit card-board
signs.
2 NCAC 20B .0214 - LOUDSPEAKERS: ETC. -
To update reference to State Fair operating hours.
2 NCAC 20B .0216 - PRICE SIGNS - To clarify
requirements for posting prices at food stands.
2 NCAC 20B .0218- CLEANLINESS - To clarify
lessee 's responsibility for waste disposal.
2 NCAC 20B .0220 - STORAGE TRAILERS - To
change requirements for parking trailers on Fair-grounds.
2 NCAC 20B .0225 - GAS OR ELECTRIC SER-VICE
- To clarify requirements for electrical
service to exhibitors.
2 NCAC 20B .0301 - EXHIBITS AND EXHIBI-TORS
- To delete prohibition on removal of live-stock
prior to midnight on last day of State Fair.
2 NCAC 20B .0411 - RESERVATIONS AND
PAYMENT OF CHARGES - To clarify require-ments
for deposits and settlements with lessees of
State Fair property.
2 NCAC 20B . 0413 - ALCOHOLIC BEVERAGES -
To clarify restrictions on sale and consumption of
alcohol at horse facilities.
2 NCAC 20B .0414 - APPLICABILITY OF REGU-LATIONS
- To repeal unnecessary rule.
2 NCAC 20B .0426 - RENTAL RATES: FEES:
AND PREMIUM BOOKS - To clarify rule concern-ing
establishment of rental fees.
2 NCAC 48A .0611 - PROGRAM PARTICIPA-TION
AND PAYMENT OF FEES - To delete
provisions for refund of penalties and interest on
unpaid fees.
2 NCAC 48C .0005 - PROHIBITED SALES - To
clarify wording.
2 NCAC 48C .0017 - INSPECTION AND STOP
SALE ACTION OF SEED INSPECTORS - To
clarify and update procedures for issuance ofstop-sale
orders on seed.
2 NCAC 48C .0020 - TAGS AND LABELS AND
STAMPS - To update rule to conform to changes in
the law concerning seed tags and stamps.
2 NCAC 48C .0021 - RESPONSIBILITY FOR
OBTAINING NEW GERMINATION TEST - To
delete reference to a specific time for new seed
germination tests.
2 NCAC 48C .0023 - ANALYSIS FOR FARMERS
OR SEEDMEN - To clarify procedures for seed
analysis services.
2 NCAC 48C .0024 - IDENTIFICATION AND
SIZE OF SAMPLES FOR SERVICE TESTING - To
clarify and make grammatical changes.
2 NCAC 52B .0502 - HEALTH REGULATIONS
FOR POULTRY EXHIBITIONS - To indicate
increased pullorum testfee for testing of exhibition
birds.
Ksomment Procedures: Interested persons may
present their statements either orally or in writing
at the public hearing or in writing prior to the
hearing bx mail addressed to David S. McLeod,
506 8:7 NORTH CAROLINA REGISTER July 1, 1993
PROPOSED RULES
Secretary of the North Carolina Board of Agricul-ture,
P.O. Box 27647, Raleigh, NC 27611.
CHAPTER 20 - THE NORTH
CAROLINA STATE FAIR
SUBCHAPTER 20B - REGULATIONS OF
THE STATE FAIR
SECTION .0100 - GENERAL PROVISIONS
.0102 TRAFFIC REGULATIONS
(a) Applicable North Carolina laws relating to
traffic, parking and the operation of motor vehi-cles,
as amended from time to time, are hereby
incorporated into and made a part of these regula-tions,
and the same shall be in full force and effect
as to all parts of the North Carolina State Fair
grounds, and as to the operation of motor vehicles
therein and thereon, and shall have the same force
and effect as though the said provisions were
herein specifically set out in full.
(b) Parking on all streets within the fair grounds
is prohibited between the hours of 1:00 a.m. and
6:00 a.m. during the period of the fair. All trucks
and motorized vehicles must complete their deliv-eries
and be off the streets by 10:00 a.m. each
day. Absolutely no deliveries will be allowed
(with the exception of ice) by motorized vehicles
between the hours of 10:00 a.m. and midnight all
days of the fair. During the period of the fair,
certain locations within the fair grounds will be
designated "restricted area." Parking or vehicular
traffic within such restricted areas is prohibited
without special permit from 6:00 a.m. to midnight
each day of the fair . During all periods of the
year other than State Fair period, vehicles may not
be parked on State Fair streets or in State Fair
parking lots for a period in excess of 24 hours
unless previous arrangements to the contrary are
made with the manager. Vehicles left on the
grounds in violation of this Rule may be towed
away and impounded at owner's risk and expense.
(c) Unauthorized vehicles will not be allowed on
the North Carolina State Fair grounds except in
parking areas during the period of the annual State
Fair unless such vehicles are on display in an
exhibition and in such case, said vehicles must be
kept in exhibit location and may not, under any
circumstances, be operated on the streets of the
fair grounds. State Fair personnel are authorized
to use vehicles where necessary on the fair
grounds in performance of duties.
(d) The State Fair management has set aside
parking spaces for automobiles in various parts of
the State Fair grounds. Automobiles and articles
may be left in said parking spaces during the
period of the State Fair at owner's risk.
(e) Any trailer or similar vehicle used for
sleeping or cooking must be parked in the limited
areas established and controlled by special permis-sion
from the manager at set fees per night.
(f) A vehicle parked in violation of North
Carolina statutes and these regulations shall be
removed to a parking lot outside the fence.
Administration office and sheriff office shall be
notified of make of car, license and where it is
moved to. State Fair is not responsible for any
damage in moving or after moving.
(g) The Manager of the State Fair shall have
authority to order the placement of such traffic
control or restrictive signals and signs on the State
Fair grounds as he shall deem necessary for the
proper safety, protection and control of said fair
grounds.
Statutory Authority G.S. 106-503.
.0103 ADVERTISING MATTER
(a) Distribution of advertising material or matter
of any kind, nature, or description by concession-aires,
exhibitors, patrons attending annual exhibi-tions
on the State Fairgrounds, political parties, or
by any other person or persons whomsoever, shall
be, and the same hereby is, prohibited on the State
Fairgrounds unless such distribution shall be
within and from the assigned and designated space
and shall have been first duly authorized by the
State Fair Manager upon application thereto, and
that advertising material or matter of any kind,
nature or description shall be on the counter or
display area and shall not be handed out unless a
fair patron requests such materials. Promiscuous
handing out of such material, even from designated
areas, is strictly forbidden.
(b) The distribution in any manner of advertising
material having a gummed or adhesive backing,
such as labels, lapel badges, car bumper or win-dow
stickers, etc., whether such distribution shall
be from a contracted exhibit or concession space
or elsewhere, is prohibited upon the State Fair
grounds. Persons or firms found distributing such
materials may, in the discretion of the fair manag-er,
immediately forfeit all space right and, in
addition, may be held financially responsible for
any and all damage done to or occasioned by the
State Fair as a result of these materials being
affixed to State Fair property by third parties.
(c) Operation of sound trucks or mobile vehicles
equipped with public address systems, or vehicles
8:7 NORTH CAROLINA REGISTER July 1, 1993 507
PROPOSED RULES
upon which any advertising signs, political or
otherwise, have been affixed in any manner,
whether such vehicles are in motion on the fair
grounds or parked therein or abutting same, and
operation thereof or parking same on the State Fair
grounds, whether within or without the fenced-off
area thereof, is hereby prohibited unless specific
authorization for such operation or parking thereof
shall have been first secured from the manager
upon due application thereto.
(d) For the purpose of enforcing the provisions
of this Section, it is hereby determined that the
State Fair grounds shall consist of and constitute
that certain area of land in Wake County bounded
on the south by N.C. Highway 5 4 Hillsborough
Street , on the east by Prison Farm Road Blue
Ridge Boulevard , on the north by OW Trinity
Road, and on the west by State Fair Youth Center
the Gov. James B. Hunt. Jr. Horse Complex , and
includes the area without as well as within the
fenced portion thereof.
(e) The prohibitions and restrictions relating to
advertising in these regulations shall not be con-strued
as being applicable to lettered service trucks
advertising a concern or its products while making
necessary deliveries of merchandise or service to
concessionaires or exhibitors on the State Fair
grounds, or the normal small advertising on
bumpers and windows of vehicles.
Statutory Authority G.S. 106-503.
.0104 ADMISSION REGULATIONS
(a) All persons entering the North Carolina State Fair grounds must pay the established admission fee,
except persons holding worker's permits. One-time-only admissions will be issued to those persons who are
employed by the fair or are asked to appear on the grounds by the fair management for a specific purpose,
relative to the operation of the fair.
(b) The gates of the North Carolina State Fair will be open to visitors from 9:00 a.m. until midnight each
day of the fair , exeept Sunday, when opening will be at 12:00 noon . Exhibit buildings will be open from 9:00
a.m. to 9:45 p.m. daily , except Sunday, when opening will bo at 12:00 noon .
(c) The State Fair Manager may operate a pass-out system at one or more of the outside gates. Persons
exiting through these gates may, upon request, have their hand or vehicle stamped for readmittance through
the same gate without additional charge. Readmittance must occur before 10:00 p.m. on the same day as
pass-out or the hand stamp will not be honored.
(d) Outside gate admission prices are as follows:
(1) adult/child. 13 years of age and over 45^00 $6.00
(2) child, 6 through 12 years of age $1.00
(3) senior citizen, 65 and over Free
(4) child, under 6 years of age Free
(e) Outside gate admission prices for advance ticket sales are as follows:
(1) adult/child, 13 years of age and over SA^Mi $5.00
(2) child, 6 through 12 years of age $1.00
(3) senior citizen, 65 and over Free
(4) child, under 6 years of age Free
508 8:7 NORTH CAROLINA REGISTER July 1, 1993
%
*
%
PROPOSED RULES
(5) adult group sales purchasing a minimum of 40 tickets $4tQQ $4.75
(f) The State Fair Manager may offer to exhibitors and concessionaires a reduced rate for gate admission.
If offered, such discount tickets may be purchased from the administration office. Each discount ticket shall
allow one admission during each day of the fair. These cards , which contain punch outs for each day of the
fatF-r shall be non-refundable^ whether punched used or not, te and shall be used only by persons involved with
concessions or exhibits^ 1-4 and not for general admission.
Statutory Authority G.S. 106-503.
.0105 EMPLOYEE REGULATIONS
(a) No employee of the State Fair shall perform
the following acts:
{+) enter into any contract between himself
and the fair other than his contract of
employment with the fair;
{3} have or acquire any financial interests,
whether direct or indirect, in any con
tract or contractural relation between
the fair and any concessionaire, c;xxrhiiibbii -
tor, performer, ve ndor or contractor;
0j engage or participate in business opera
tions or dealings that might involve a
conflict—between—h+s
—
obligations—and
interests as a manager or employee of
the fair, or the interests of the fair, and
his own personal interests or the inter
csts of hi s immediate family; and
(4) be entitled to any special concessions
involving the storage of vehicles or
materials on the State Fair grounds or
th«-use ot tair buildings, machinery or
equipment, except as may be specifical
ly approved by the fair manager.
(b) All vehicles u sed by employees of the fair in
connection with the operation of the State Fair
shall be the sole property of the fair to be used
only on State Fair bus iness .—Vehicles donated to
State Fair for the purpose of promotion shall be
used only by authorization of the manager.—E-m-ployecs
of the fair, authorized to use privately
owned vehicles, shall be reimbursed according to
exi sting regulations after submitting proper ex
pense account forms.
(e)
—
No employee of the fair s hall have the
privilege of purchasing material s through the fair's
name or on the fair's account.
fd)
—
The following policies as regards employ -
ment—eft
—
merit—and
—
without—di scrimination,—as
established by the North Carolina Personnel Act,
shall be followed by the fair:
w- It s hall be the policy of the fair to
foster the employment of individuals in
accordance with their fullest capacities,
regardless of race, color, creed, rcli
gion or national origin and to safeguard
their rights to hold employment with
the fair without discrimination.
{3) Every contract for or on behalf of the
fair for materials , supplies, construction
or space rental contracts for commercial
sale or exhibit purposes may be cancel
led or terminated—by the fair when
discrimination on account of race, color
or creed exists in the hiring or employ
ment of common or s killed labor by the
contractor pursuant to the contract.
Statutory Authority G.S. 106-503.
.0106 GENERAL
(a) Any person or persons who shall make, aid,
countenance or assist in making any noise, riot,
disturbance and all persons who shall collect in
bodies or crowds on the North Carolina State Fair
grounds for unlawful purposes or to the annoyance
or disturbance of citizens and those attending the
North Carolina State Fair or lawfully on the North
Carolina State Fair grounds may be expelled from
the State Fair grounds for such period of time as
the manager of the fair may determine.
(b) Any person who shall appear in any street or
public or exposed place on the North Carolina
State Fair grounds, in a state of nudity, or dress
not belonging to his or her sex, or in any indecent
or lewd dress, or shall make any indecent exposure
of his person, or be guilty of any obscene or filthy
act, or any lewd, indecent or immoral or insulting
conduct, language or behavior, or shall sell, lend,
give away, distribute or in any manner attempt to
do so, or show or have in his possession or offer
for loan, gift or sale or distribute, lend, give or
sell any obscene or indecent book, magazine,
pamphlet, paper, writing, picture, drawing, photo-graph,
or any article of lewd, obscene, immoral or
indecent character or orally or otherwise give
information as to where any such as above is
obtainable or who shall exhibit any such to minors
or procure any minor or any one else to sell, give,
lend or distribute any such, shall be subject to the
penalties and punishment provided in Subsection
Paragraph (a) of this Rule.
(c) Any person who shall unnecessarily or
8:7 NORTH CAROLINA REGISTER July 1, 1993 509
jmtrmrrrmrmm ««. igw ~«. r,r»5„J.„^J^JJJJ
PROPOSED RULES
maliciously beat, abuse or injure any animal on the
North Carolina State Fair grounds shall be subject
to the penalties and punishment provided in Sub
section Paragraph (a) of this Rule.
(d) No person shall carry from the specific area
of any concession or other place of sale on the
grounds of the fair, any liquid beverage in glass ©f
metal containers, nor shall any person, when in
motion about the grounds, carry any such liquid
beverages in glass or metal containers. This
Section shall not apply to non-alcoholic liquids
brought into the fair grounds as a part of picnic
meals or the like when consumed and used in a
stationary locale. This Regulation is promulgated
for the welfare and protection of all visitors to the
State Fair and violators hereof shall be subject to
the penalties provided in Subsection Paragraph (a)
of this Rule.
(e) Dogs and cats are not allowed on the fair
grounds unless they are under leash, are carried by
the person having possession of such animal or are
on display in an exhibit contracted by the fair for
the specific purpose of such exhibition. All such
animals not on the grounds for exhibition shall be
muzzled.
Statutory Authority G.S. 1 06-503.
SECTION .0200 - SPACE RENTAL:
COMMERCIAL EXHIBIT AND
CONCESSION REGULATIONS
.0203 OCCUPANCY OF SPACE
No space shall be occupied until the deposit full
payment is complete made . The original copy of
the rental contract shall be signed and returned to
the Space Rental Superintendent. Final payment
on Concession and Commercial Exhibit Contracts
is due at the Space Rental Office, Administration
Building, no later than September 1. Renters of
space shall keep a copy of the rental contract on
the rented premises.
Statutory Authority G.S. 106-503.
.0204 FORFEITURE
Space assigned and not occupied by 8:00 a.m. on
the first day of the fair, as well as all fees previ-ously
paid, shall be forfeited to the fair as liquidat-ed
damages. Any space which is not open for
business or does not have an attendant at the space
during the hours deemed necessary by the Space
Rental Superintendent, during the fttfte H) days of
the fair, shall, at the option of the State Fair
Manager, be forfeited. Space rental contracts shall
not be cancelled by the lessee without written
notification to State Fair Manager and said written
notification must be delivered to the Space Rental
Superintendent no later than September 1 . Re-funds
on cancelled space contracts shall not be
made unless all provisions herein are complied
with.
Statutory Authority G.S. 106-503.
.0206 EXPIRATION OF CONTRACTS
All ground leases or space contracts, unless
otherwise specified, will expire with the close of
the fair each year and all temporary buildings,
frames, booths, etc., shall be removed seven days
within 72 hours following close of fair. , otherwise
they Any such items not removed shall become the
property of the North Carolina State Fair.
Statutory Authority G.S. 106-503.
.0208 TIME LIMITS ON REMOVAL
No exhibit may be dismantled or removed until
8 :00 a.m. 10:00 p.m. of the last day following the
close of the fair. Building superintendents, gate-men
and police officers shall be instructed to
prevent any attempt to dismantle or remove exhib-its
before the hour of release. Watchmen shall be
on duty in buildings until 5:00 p.m. of the day
following the close of the fair. Exhibitors and
concessionaires shall remove all equipment from
buildings by 5:00 p.m. Monday following the
close of the fair. All outside equipment and
machinery shall be removed no later than seven
days 72 hours following the last day of the fair;
otherwise, they will become the property of the
State Fair to be disposed of as the manager may
deem necessary.
Statutory Authority G.S. 106-503.
.0211 SIGNS
All signs advertising any special product, wheth-er
by a trademark or otherwise, will be prohibited
on the outside of any stand or building. Menus
will be permitted provided they do not list any
item by the manufacturer's name or trademark.
The space between the ground and the counter on
all four sides must be entirely free of special
advertising. Soft drink distributors, bakeries, meat
dealers, dairies, and all other suppliers may fur-nish
suitable signs for the inside of stands if
requested by the concessionaire. No "A" boards
or free standing boards are permitted. No corru-gated
cardboard signs are permitted.
510 8:7 NORTH CAROLINA REGISTER July 1, 1993
PROPOSED RULES
Statutory Authority G.S. 106-503.
.0214 LOUDSPEAKERS: ETC.
No loudspeaker, amplifier, radio or other broad-casting
device is permitted on the State Fair
grounds unless written permission is first obtained
from the Space Rental Superintendent. Approved
loudspeakers must be kept at a reasonable volume
so as not to disturb normal business transactions in
adjoining exhibits nor the general public. The
Space Rental Superintendent reserves the right to
revoke loudspeaker permission if the provisions of
this Rule are not observed. Under no circumstanc
cs may loudspeakers be used before 1:00 p.m. on
Sunday.
Statutory Authority G.S. 106-503.
.0216 PRICE SIGNS
On the opening day of the fair, each lessee shall
cause to be posted in a conspicuous manner at the
front or entrance to his place of business and at
point of order and point of sale, if different loca-tions
, a neatly printed or painted sign, showing
price (as approved by management) of meals,
lunches, and all articles of food and drink to be
sold and services performed under the contract.
Lessee shall also keep displayed in plain view of
the public his contract number, which will be
furnished by the superintendent.
Statutory Authority- G.S. 106-503.
.0218 CLEANLINESS
Purchasers Lessees of space or booth shall keep
their space or booth plus the area immediately
surrounding their space or booth in a clean and
sanitary condition at all times by removing there-from
any filth and refuse and placing same in
centralized dump locations on the fair grounds as
specified by the space rental and sanitation depart-ments.
Lessee must comply with all laws and
ordinances regarding disposal of waste. The use
of public trash receptacles by purchasers of privi-leges
is prohibited. Violation of this Rule may
cause, in the fair manager's discretion, concession
or exhibit to be closed and all fees previously paid
to be forfeited. Lessee shall not throw any refuse
or empty any water or other fluids on the ground
or in the streets or gutters. The first violation of
this Regulation shall be cause for the place of
business to be closed with the forfeiture of all fees
paid.
Statutory Authority G.S. 106-503.
.0220 STORAGE TRAILERS
Trailers used for storage of supplies or offices as
a direct part of concessions or exhibits will be
permitted to park on the fair grounds provided
they arc parked directly behind their own conces
sions or exhibit and do not take up parking s pace
of other concessionaires or exhibitors and provided
they are not used for sleeping or cooking. Cars or
trucks parked behind stands will pay twenty five
dollars
—
($25.00) s pecial—parking permit in a
location determined by the Space Rental Superin-tendent
and must have a sticker or receipt on the
trailer proving payment has been made for this
privilege .
Statutory Authority G.S. 106-503.
.0225 GAS OR ELECTRIC SERVICE
(a) The State Fair is not responsible or liable for
failure of electric service.
(b) Positively no one shall tamper with, or
change, any of the general lighting in any of the
State Fair buildings, and no electric connection
excluding wall sockets plug-ins shall be made by
any person not in the direct employ, or under the
supervision of, the fair manager.
(c) Prices quoted for electric service , etc.,
contemplate the ordinary job of connecting lights
and appliances .—Special wiring, setting motors,
etc., will be charged for on a time and material
basis are for having electrical power available to
the Lessee. Lessee is responsible for all internal
wiring and is responsible for having adapter plugs.
if necessary, to connect to Fair electrical system .
(d) The fair manager reserves the right to
terminate service if conditions of contract are
violated.
Statutory Authority G.S. 106-503.
SECTION .0300 - COMPETITIVE EXHIBIT
REGULATIONS
.0301 EXHIBITS AND EXHIBITORS
(a) The entry department will be open to receive
and return exhibits 1 1 days prior to the fair and
nine days following the fair, 8:30 a.m. to 6:00
p.m., except Sunday, when the department will be
open from 1:00 p.m. to 6:00 p.m.
(b) Exhibit buildings will be open to the public
daily between the hours of 9:00 a.m. and 9:45
p.m. during the fair.
(c) On the last night of the fair, after 9:45 p.m.,
exhibits may be packed up and stored for removal.
No vehicle will be permitted to enter fair grounds
8:7 NORTH CAROLINA REGISTER July 1, 1993 511
--'- •' " MMMMMMMMIi
PROPOSED RULES
to remove exhibits before 8:00 a.m. of the morn-ing
following the closing of the fair. Livestock,
poultry, and rabbits will have a special release
time on the last day of the fair. No livestock will
be removed prior to 12 midnight of the last day of
the fair.
(d) No fair superintendent or other employee
shall be permitted, directly or indirectly, to make
an entry in any department of the fair over which
he presides or wherein he may be employed.
(e) The fair manager may limit exhibits to the
facilities available at any given time.
Statutory Authority G.S. 106-503.
SECTION .0400 - OPERATION OF
STATE FAIR FACILITIES
.0411 RESERVATIONS AND
PAYMENT OF CHARGES
(a) A tentative reservation may be made for use
of the building(s) by any organization, group, firm
or individual approved by the Manager of the State
Fair, subject to the availability of the facilities,
without payment of any fee. Such tentative reser-vation
shall automatically expire on the 10th day
following the date upon which the tentative reser-vation
was made.
(b) If the date for which a tentative reservation
was made is sought to be reserved by any other
qualified organization, group, firm or individual,
then the person(s) making the tentative reservation
shall be allowed 48 hours after due notice in which
to execute a written contract for use of the facili-ties
and to pay the required cash deposit which
must accompany such a contract.
(c) In any event, a written contract must be
executed not less than 24 hours prior to the sched-uled
start of any and all performance or exhibition
events, at which time lessee shall make a cash
deposit of not less than one half of the specified
"guaranteed minimum/' in the case of commercial
lessee, and the full amount of the s pecified rental
charge in the case of non commercial les see.
(d) Commercial le ssee Lessee shall be required
to make full settlement of 10 percent of the gross
revenue or the other one half of the if greater than
"guaranteed minimum," whichever shall be greater
along with payment for any special items or
services provided by the Fair, within 24 hours
after the end of the event for which use of the
facilities was contracted. The Manager of the
State Fair may extend the period for final and full
settlement if, in his judgment, additional time is
required to determine the accurate gross revenue.
Statutory Authority G.S. 106-503.
.0413 ALCOHOLIC BEVERAGES
(a) A person shall not sell, offer for sale, or
possess for the purpose of sale, any alcoholic
beverage on State Fair property, except as permit-ted
under this Rule.
(b) A person shall not possess or consume any
alcoholic beverage at ticketed, commercial events
that are open to the public on State Fair property
except as permitted under this Rule.
(c) Except during the annual State Fair, beer
and unfortified wine may be sold and consumed at
the horse facility Gov. James B. Hunt, Jr. Horse
Complex , subject to state alcoholic beverage
control laws and regulations.
(d) Except during the annual State Fair, beer
may be sold and consumed at Dorton Arena in
connection with professional sporting events,
subject to state alcoholic beverage control laws and
regulations.
Statutory Authority G.S. 106-503.
.0414 APPLICABILITY OF REGULATIONS
All other regulations of the North Carolina Board
of Agriculture pertaining to the operation of the
State Fair and fair grounds not inconsistent with
the regulations herein contained, shall be deemed
applicable to facilities and the use thereof by all
lessees.
Statutory Authority G.S. 106-503.
.0426 RENTAL RATES: FEES:
AND PREMIUM BOOKS
(a) Subject, in all instances, to approval by -tht
State Board of Agriculture, the The Manager of
the State Fair shall annually publish:
( 1
)
a schedule of fees and other charges
governing rental rates for State Fair
properties and services; and
(2) a premium book for exhibits and horse
shows governing the awarding of cash
prizes and other awards.
(b) The State Fair Manager shall obtain approval
from the State Board of Agriculture, as required in
(a) of this Rule - by January 15 of each year.
{e) (b) The Board of Agriculture shall give
notice of any hearing at which fees and other
charges governing rental rates for State Fair
properties and services or premium—books are
approved pursuant to the procedures outlined in
N.C.G.S. 150B-12.
(d) {c] Copies of fee schedules and premium
512 8:7 NORTH CAROLINA REGISTER July 1, 1993
PROPOSED RULES
books shall be maintained in the Office of the State
Fair Manager and made available to the public
upon request.
Statutory Authority G.S. 106-503; 106-503. 1(b).
CHAPTER 48 - PLANT
INDUSTRY
SUBCHAPTER 48A - PLANT
PROTECTION
SECTION .0600 - BOLL WEEVIL
{&) The Commiss ioner may grant a total or
partial refund of penalties for extenuating
circum stances, such as crop failure, crop
damage or crop destruction, whether due
to natural or other cau ses .—A request for
the refund of penalties , including a com
pletc exp l anation of extenuating circum
stances, must be provided in writing to
the Plant Pest Administrator within 30
days of such payment.
Statutory Authority G.S. 106-65.74;
106-65.88; 106-65.91.
106-65. 77;
.0611 PROGRAM PARTICIPATION
AND PAYMENT OF FEES
All cotton farm operators in the state are hereby
required to participate in the eradication program.
Participation shall include timely reporting of
acreage and field locations, compliance with
regulations, and payment of fees. Farm operators
within the elimination zone shall be notified
through the extension offices or newspapers of
their program costs on a per acre basis on or
before March 15.
(1) Growers are to report all planted cotton
by completing a Cotton Acreage Report-ing
Form and paying a per acre fee at the
ASCS office by July 1 of the current
growing season.
(2) The fee is nonrefundable and is to pay
for the program's estimated costs as
determined by the Commissioner, but
will not exceed nine dollars ($9.00) per
acre.
(3) Growers not reporting planted cotton to
ASCS by July 1 of the current growing
season will be assessed a three dollar
($3.00) per acre penalty.
(4) Growers under-reporting by more than
ten percent of the actual planted acreage,
as determined by ASCS, will be assessed
a penalty of three dollars ($3.00) per acre
on all acreage in excess of the reported
acreage.
(5) All acreage for which fees have not been
paid on or before July 15 of the current
growing season will be assessed a three
dollar ($3.00) per acre penalty.
i&) Interes t at 15 percent per annum will be
charged on all unpaid fees and penalties
from August 1 to date of payment.
(7) (6) Fees and penalties shall be made
payable to the North Carolina Depart-ment
of Agriculture.
SUBCHAPTER 48C - SEEDS
.0005 PROHIBITED SALES
The sale of any seed which contain any of the
weed seeds or tubers listed below in excess of the
stated limitation per pound of crop seed is prohib-ited:
(1) two Purple Nutsedge and/or or Yellow
Nutsedge tubers;
(2) four Spurred Anoda, Cocklebur.
Sandbur, Sicklepod, Blessed Thistle,
Velvetleaf, Wild Onion and/or or Wild
Garlic (in small grains or larger seeds);
(3) eight Morning-glory;
(4) 10 Corn Cockle;
(5) 12 Wild Radish;
(6) 27 Bermundagrass, Field Bindweed,
Hedge Bindweed, Cornflower, Purple
Nutsedge, Yellow Nutsedge, seeds, Tex-as
Panicum, Canada Thistle or Wild
Onion and/or or Wild Garlic (in grasses
and small seeded legumes);
(7) 54 Broadleaf Dock, Curly Dock, Dodder,
Giant Foxtail, Horsenettle, Wild Mustard
et al, Bracted Plantain, Buckhorn Plan-tain
or Quackgrass.
Statutory Authority G.S. 106-277.9; 106-277.15.
.0017 INSPECTION AND STOP SALE
ACTION OF SEED INSPECTORS
(a) All seeds defined as "seed offered for sale"
in the North Carolina Seed Law, including seeds
in containers bearing seed tags issued by a recog-nized
certifying agency, are subject to inspection
and all other provisions of the North Carolina Seed
Law and these the rules and Regulations adopted
thereunder by the Board of Agriculture .
(b) Upon determining a lot of seeds is in viola-tion
of the North Carolina Seed Law, the officia l
seed inspector is authorized to issue a stop-sale
8:7 NORTH CAROLINA REGISTER July 1, 1993 513
naammi . -........_....
PROPOSED RULES
order on said lot of seed. The stop-sale order
shall contain the complete identification of the seed
lot and the number of bags or containers under
stop-sale.
(c) When a stop-sale order is issued on a lot of
seed, the inspector shall attach a stop-sale tag to
each one bag or container of said lot. and shall
remove the North Carolina seed analysis tag and
nnv other tag that may indicate an incorrect analy
sis of the contents of the bag or container. The
stop-sale tag shall not be removed,, nor any bags or
containers of the lot sold or removed from the
premises, until permission to do so is obtained
from the Commissioner of Agriculture or his
authorized agent.
Statutory- Authority G.S. 106-277. 15.
.0020 TAGS AND LABELS AND STAMPS
(a) Every container of agricultural or vegetable
seed containing 40- pettnds or more of seed shall
have attached thereto an official North Carolina a
seed analysis tag, bearing the information as
required by law (G.S. 106-277.3).
(b) The sccdman's statement of analysis may be
placed on the back side of the seed analysis tag,
providing the tag bears a name with address.
fe) £b) The seedman's statement of analysis
shall include all tag and label requirements as
provided in the law (G.S. 106-277.3). Incomplete
labeling is a violation of the seed law Seed Law.
(d) (c} When no statement is made on the seed
tag as to the name and number of noxious weed
seed per pound of crop seed, it shall be considered
equivalent to the statement, "none." The words
"None in Excess" or similar phrases, are prohibit-ed.
fe)
—
The official North Carolina seed analysi s
tags prescribed and made available by the Com
mi ss ioncr s hall—be
—
white—of
—
manila.—Fed;—and
yellow.—The red and yellow tags shall be limited
in u se to official seed inspectors.
ff) The official—North—Carolina seed—stamp
prescribed and made available by the Commission
er may be used in lieu of the official North Caroli
na seed analysis tag.—The official stamp may be
placed on a seedman' s label which contains all the
information required by law (G.S.—106 227.3),
iuch stamp to be :videnec that the revenue
pertaining to the official—North—Carolina Seed
Analys is Tag has been paid.
Statutory Authority G.S. 106-277. 15.
.0021 RESPONSIBILITY FOR OBTAINING
NEW GERMTNATION TEST
The person in possession of any seed offered for
sale, or exposed for sale for seeding purposes,
shall be responsible for securing a new germina-tion
test when the test date prior to sale, or expo
s ure for sale, shows the nine month period re-quired
by law has expired. The seed shall be
relabeled or new seed analysis tags attached in
compliance with the North Carolina Seed Law.
Statutory Authority G.S. 106-277.15.
.0023 ANALYSIS FOR FARMERS OR
SEEDMEN
(a) The germination and purity analyses of
agricultural and vegetable seeds shall be free to
any person residing within the state. However, the
Seed Program Administrator shall have the privi-lege,
with the approval of the Commissioner of
Agriculture and the Board of Agriculture, of
limiting the number of such free tests made annu-ally,
or during certain seasons, for any one person
and of designating the time or dates when such
samples will be accepted for testing. The Seed
Administrator may refuse to analyze any sample of
seeds submitted for testing that has not been
reasonably well cleaned, or does not comply with
these Rules.
(b) A fee of five dollars ($5.00) per sample (100
seeds) shall be charged to any North Carolina
citizen who requests the tetrazolium chloride
(T.Z.) test. This test shall be limited to wheat,
oats, barley and rye seeds from the period July 1
to November 1 of each year, and to peanuts,
soybeans, corn and cotton seeds from the period of
December 1 through June 30 of each year. The
Seed Administrator shall have authority to accept
special problem samples of other species for T.Z.
tests.
fe-)
—
The Seed Program Administrator shall have
authority to accept s pecial—problem samples of
other species for T.Z. test s and to refuse to ana
lyzc any sample of seeds submitted for te sting that
has not been reasonably well cleaned, or does not
comply with these rules.
fd-> (cj Fees for in-state testing of tall fescue
and other grass seeds and plant tissues for the
presence of fungal endophytes are as follows:
(1) fifteen dollars ($15.00) per sample for
seeds;
(2) fifteen dollars ($15.00) per sample for
plant tissue analysis;
(3) twenty-five dollars ($25.00) per sample
for seeds which require seedling pro-duction.
514 8:7 NORTH CAROLINA REGISTER July 1, 1993
PROPOSED RULES
fe) (dj Fees for out-of-state testing of tall fescue
and other grass seeds and plant tissues for the
presence of fungal endophytes are as follows:
(1) thirty-five dollars ($35.00) per sample
for seeds;
(2) twenty-five dollars ($25.00) per sample
for plant tissue analysis;
(3) forty-five dollars ($45.00) per sample
for seeds which require seedling
production.
(f) (e] The fee for testing small grain seed for
Loose Smut shall be fifteen dollars ($15.00) per
sample.
Statutory Authority G.S. 106-277.15.
.0024 IDENTIFICATION AND SIZE OF
SAMPLES FOR SERVICE TESTING
When submitting seed samples for analysis, the
person shall comply with the following:
(1) Identification
(a) Samples shall be plainly addressed to
the North Carolina Department of
Agriculture, Seed Laboratory, P.O.
Box 27647, Raleigh, North Carolina
27611-7647;
(b) Samples identified with a lot number;
(c) Kind and variety of seed; If the seed
has been treated, the name of the
substance used;
(d) Name and address of sender;
(e) A letter of notification of shipment sent
in separate mail or attached to package
of seeds when carrying proper postage;
(f) Samples should be sent in substantial
containers, and properly packed for
mailing or shipping in order that they
will arrive intact and without damage to
the contents .
(2) Size of Samples. When sending samples
to the State Seed Laboratory.! the
following are the minimum weights of
samples to be submitted for complete
analysis. Samples of seed that do not
conform to these requirements may not
be tested:
(a) one-half ounce of tobacco seed;
(b) two ounces of white, alsike or hop
clovers and small grass seeds;
(c) five ounces of red or crimson clover,
alfalfa, lespedeza, fye grasses
ryegrasses , fescues, orchard—gras s
orchardgrass , millet or seeds of similar
size and weight;
(d) one pound of cotton, audan—grass
sudangrass , sorghums, or seeds of
similar size;
(e) two pounds of corn, wheat, oats,
barley, rye, beans, peas, cowpeas,
soybeans, vetches and seeds of similar
or larger size.
Statutory Authority G.S. 106-277. 15.
CHAPTER 52 - VETERINARY DIVISION
SUBCHAPTER 52B - ANIMAL DISEASE
SECTION .0500 - POULTRY DISEASES
.0502 HEALTH REGULATIONS FOR
POULTRY EXHIBITIONS
(a) Persons conducting and participating in
poultry exhibitions shall comply with the
following:
(1) All chickens and turkeys for exhibition
in North Carolina shall originate from
U.S. pullorum-typhoid clean or
equivalent flocks, or have a negative
pullorum-typhoid test within 90 days
(30 days for out-of-state birds) of the
date of exhibition. All North Carolina
owned birds must be tested by agents of
the North Carolina Department of
Agriculture. For North Carolina Birds
and for out-of-state birds from U.S.
pullorum-typhoid clean states, these test
requirements may be satisfied by a
negative test conducted by a North
Carolina Department of Agriculture
agent at the time of entry. The fee for
pullorum-typhoid testing at the
exhibition will be s4* eight cents
($0.06) ($0.08) per bird with a
minimum fee of one dollar ($1.00) per
exhibitor.
(2) Poultry for exhibition shall not have
been vaccinated with a live virus
vaccine within the last 30 days
preceding the exhibition.
(3) Each bird must be identified with a
"tamper-proof" band at the time of
pullorum-typhoid test. A copy of the
pullorum-typhoid test chart must
accompany birds to exhibition.
(4) Birds are subject to examination
(including blood test and swabs) by a
representative of the North Carolina
Department of Agriculture. Birds will
not be accepted which are infected with
8:7 NORTH CAROLINA REGISTER July 1, 1993 515
PROPOSED RULES
or showing any clinical signs of a
contagious disease, or are infested with
lice and/or mites.
(5) Out-of-state birds will be admitted
provided they are from an area that is
not under quarantine for an infectious
disease and satisfy the requirements of
this Rule.
(6) The secretary of each show will furnish
the representative of the State
Veterinarian with a list of names and
addresses of all exhibitors at the time of
the exhibition.
(7) The secretary of each show will have
these requirements printed in the show
catalog or premium list.
(b) The Commissioner may, when in the public
interest to prevent disease, suspend any poultry
exhibition in North Carolina.
Statutory Authority G.S. 1 06-539; 106-540;
106-543; 106-548.
TITLE 10 - DEPARTMENT OF
HUMAN RESOURCES
Notice is hereby given in accordance with G.S.
150B-21.2 that the Commission for Mental Health,
Developmental Disabilities and Substance Abuse
Services intends to adopt rules cited as 10 NCAC
14A . 1401-. 1403;. 1501 -. 1505:1601-. 1605; . 1 701-
.1703; .1801-. 1810; 1901-.1904; .2001-.2006;
.21 01 -.2105; .2201 -.2208; .2301 -.2304; .2401-
.2405; .2501 -.2507; .2601 -.2603; .2701 -.2702;
.2801; .2901 -.2903; 10 NCAC 14J .0210; amend
10 NCA C 14J . 0201; . 0203-. 0207; 10 NCA C 14L
.0407; repeal 10 NCAC 14A .1301-. 1313; . 1315-
.1317.
1 he proposed effective date of this action is
October 1. 1993.
1 he public hearing will be conducted at 1:00
p.m. on August 4. 1993 at the Sheraton Inn, 4504
Creedmoor Road at Crabtree Valley Mall,
President 's Room 1 , Raleigh , N. C
MXeason for Proposed Action:
10 NCAC 14A .1301-.1313 - Proposed repeal of
current standards contained in 10 NCAC 14A
.1301-. 1313.
10 NCAC 14A .1315-.1317- Proposed repeal of
current standards contained in 10 NCAC 14A
.1314-. 1317.
10 NCAC 14A .1401:2903 - Proposed adoption of
standards contained in 10 NCAC14A .1401-. 2903.
Minimum rules were adopted in 1979 for the
development of a mental health and mental
retardation delivery system. As that system has
grown, more specific rules are now indicated to
assure the quality of services within the
Department of Corrections is commensurate with
those standards developed for community
programs.
10 NCAC 14J .0201, .0203-.0207 - Proposed
amendments - The proposed changes are to clarify
the distinct uses of restraint and seclusion; to
shorten the period of time before a restrained or
secluded client shall be seen by a qualified profes-sional.
10 NCAC 14J .0210 - Proposed adoption - To
modify North Carolina Standards to reflect Nation-al
Standard of Care; clarify State 's obligation to
heed manufacturer's warning regarding restraint
devices.
10 NCAC 14L .0407 - Amend Rule to eliminate
requirement that each client be employedfor 20 or
more hours per week. To comply with federal
regulations on Supported Employment (34 CFR
Parts 361 , 363, 376 and 380, dated June 24, 1992
and effective August 8, 1992). (In determining
whether the client has met all of the criteria under
Supported Employment, the hours worked should
no longer be considered).
l^omment Procedures: Any interested person may
present his comments by oral presentation or by
submitting a written statement. Persons wishing to
make oral presentations should contact Charlotte
Tucker, Division of Mental Health, Developmental
Disabilities and Substance Abuse Services, 325 N.
Salisbury St., Raleigh, N.C., 27603, 919-733-
4774, before August 3, 1993. Comments submitted
as a written statement must be sent to the above
address no later than August 2, 1993, and must
state the Rules to which the comments are ad-dressed.
Time limits for oral renmrks may be
imposed by the Commission Chairman. Fiscal
information regarding these Rules is available from
this Division, upon request.
CHAPTER 14 - MENTAL
HEALTH: GENERAL
SUBCHAPTER 14A - IDENTIFYING
INFORMATION
516 8:7 NORTH CAROLINA REGISTER July 1, 1993
PROPOSED RULES
SECTION .1300 - NORTH CAROLINA
DEPARTMENT OF CORRECTION:
DIVISION OF PRISONS: STANDARDS
FOR MENTAL HEALTH, MENTAL
RETARDATION
AND SUBSTANCE ABUSE SERVICES
.1301 SCOPE
The standards contained within this Section shall
apply to the delivery of mental health, mental
retardation, alcohol and drug abuse services to
incarcerated inmates by the Department of Corrcc
tion. division of prisons, or by any other provider
of services on a contract basis, which are delivered
within the correctional system.
Statutory Authority G.S. 148-1 9(d).
.1302 DEFINITIONS
The following terms shall have the meanings
specified unless the context clearly—requires a
different meaning:
-(+) Administering Medication. The giving of
a unit dose of a drug to a patient as a
result of a lawful order;—Administering
affect s only one patient and i s not re
stricted to licen sed pharmacists;
-f5) Agency.—A local, regional, institutional
or state—organization defined—by—tew-;
charter—er—licen se—to
—
provide—human
services ;
-0) Clinical Staff Member. Any employee of
the mental health and mental retardation
services system who has a part in provid
ing treatment to an inmate;
-(4) Continuity of Care. The continued meet
ing of the client's neods regardless of
changes in status or location;
-iSj Dispensing Medication.—Includes , but is
not limited to. issuing to a client, or to a
person acting on his behalf, one or more
unit doses of a drug in a suitable contain
ef—w+th
—
appropriate—labeling; While
including compounding, dispensing al so
includes the act of packaging a drug,
cither from a bulk container or as a re s ult
of compounding.—in a container other
than the original container of the manu
facturer or distributor, and labeling the
new container with all the information
required by state and federal law.—Except
for physicians and under s pecified condi
tions .—physician—extenders.—the—aet—ef
dispensing is limited by law to licensed
pharmacists and person s working under
their immediate supervi s ion and may not
be
—
performed—by—a
—
nurse—of—other
non pharmacist except unde r the
immediate. direct. afld personal
supervision—of a—licensed—pharmacist.
The filling or refilling of drug containers
from nurs ing s tations or other service
areas with the drugs called for. or the
furni s hing of a drug to ouch areas, is
dispensing;
-(6) Follow Up Service. Provision for a
continuing relationship with the client for
the purpo se of ass uring that changing
needs are recognized and appropriately
ni^t
,
-(7) Inpatient Services. Care or treatment
rendered to an inmate in any therapeutic
setting where the individual is actually
provided—w+th—a—bed—and
—
housed
overnight; Services include, but are not
limited to. short term medical psychiatric
stabilization as well as intermediate and
long term—medical.—psychiatric.—social,
psychological.—educational—and
—
other
supportive care required for individuals
who
—
cannot—function—without—intense
supervision in a controlled environment;
-f&j Medication:
(ft) substances—recognized—in the official
United States Pharmacopoeia, official
Homeopathic—Pharmacopoeia—ef—the
United—States.—er—official—National
Formulary, or any supplement to any of
them;
fb} s ubstances
intended—fef—ase
—
m—the
diagnostic, cure, mitigation, treatment,
or prevention of disease—m
—
man or
other animals;
s ubstances (other than food) intended to
affect the structure or any function of
the body of man or other animals; and
s ubstances
—
intended—for-—use—as—
a
i&-
{4h
eomponent of any article specified in
(a), (b). or (e) of this Subdivision; but
does—not
—
include
—
devices—of
—
their
components , parts , or accessories;
-i^h Mental Health Program Director.—Any
individual—who—is
—
respons ible—for the
operation of a mental health and mental
retardation services system program;
{49} Mental Health Records. Aey
documentation—pertaining—to
—
treatment
received within the mental health services
system which is kept separate and apart
8:7 NORTH CAROLINA REGISTER July 1, 1993 517
PROPOSED RULES
from tho s e formal entries in the inmate's
outpatient medieal record;
{44^ Mental—Health—Services—Sy stem. A
mechanism—by
—
which—mental—health
treatment is provided to inmates within
the North Carolina division of prisons;
f+5V Mental Retardation. Significantly
|