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^FAi/7V3V''^2./r^^''''A' '^"^•^'- ^ The NORTH CAROLINA REGISTER n\ TITU ItionI IN THIS ISSUE EXECUTIVE ORDER FINAL DECISION LETTERS PROPOSED RULES Agriculture Economic and Community Development Environment, Health, and Natural Resources Human Resources FINAL RULES RECEIVED Revenue LIST OF RULES CODIFIED RRC OBJECTIONS FEB 7 1992 LAW LIBRARY RULES INVALIDATED BY JUDICIAL DECISION ISSUE DATE: FEBRUARY 3, 1992 Volume 6 • Issue 21 • Pages 1563-1636 TNFORMATTON ABOUT THE NORTH CAROLINA REGISTER AND ADMTNTSTRATTVE rODF NORTH CAROLINA REGISTER The North Carolina Register is published twice a month and contains information relating to agency, executive, legislative and judicial actions required by or affecting Chapter 150B of the General Statutes. All proposed administrative rules and notices of public hearings filed under G.S. 150B-21.2 must be published in the Register. The Register will typically comprise approximately fifty pages per issue of legal text. State law requires that a copy of each issue be provided free of charge to each county in the state and to various state officials and institutions. The North Carolina Register is available by yearly subscription at a cost of one hundred and five dollars ($105.00) for 24 issues. Individual issues may be purchased for eight dollars ($8.00). 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. TEMPORARY RULES Under certain emergency conditions, agencies may issue temporary rules. Within 24 hours of submission to OAH, the Codifier of Rules must review the agency's written statement of findings of need for the temporary rule pursuant to the provisions in G.S. 150B-21.1. If the Codifier determines that the findings meet the criteria in G.S. 150B-21 .1, the rule is entered into the NCAC. If the Codifier determines that the findings do not meet the criteria, the rule is returned to the agency. The agency may supplement its findings and resubmit the temporary rule for an additional review or the agency may respond that it will remain with its initial position. The Codifier, thereafter, will enter the rule into the NCAC. A temporary rule becomes effective either when the Codifier of Rules enters the rule in the Code or on the sixth business day after the agency resubmits the rule without change. The temporary rule is in effect for the period specified in the rule or 180 days, whichever is less. An agency adopting a temporary rule must begin rule-making procedures on the permanent rule at the same time the temporary rule is filed with the Codifier. 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 pubUc comments; the text of the proposed rule or the statement of subject matter; the reason for the proposed action; a reference to the statutory authority for the action and the proposed effective date. Unless a specific statute provides otherwise, at least 15 days must elapse following publication of the notice in the North Carolina Register before the agency may conduct the public hearing and at least 30 days must elapse before the agency can take action on the proposed rule. An agency may not adopt a rule that differs substantially from the proposed form published as part of the public notice, until the adopted version has been published in the North Carolina Register for an additional 30 day comment period. When final action is taken, the promulgating agency must file the rule with the Rules Review Commission (RRC). After approval by RRC, the adopted rule is filed with the Office of Administrative Hearings (OAH). A rule or amended rule generally becomes effective 5 business days after the rule is filed with the Office of Administrative Hearings for pubUcation 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,(X)0 letter size, single spaced pages of material of which approximately 35% of is changed armually. 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 ($750.00). 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: Rules Division, P.O. E)rawer 27447, Raleigh, North Carolina 27611-7447, (919) 733-2678. NORTH CAROLINA REGISTER ISSUE CONTENTS I. EXECurrv E order Executive Order 159... .1563 Office ofAdministrative Hearings P. O. Drawer 27447 Raleigh, \C 27611-7447 (919) 733 -2678 Julian Mann III, Director James R. Scarcella Sr., Deputy Director Molly Masich, Director APA Services II. FINAL DECISION LETTERS Voting Rights Act 1566 III. PROPOSED RULES Agriculture Structural Pest Control Division 1569 Economic and Community Development Community Assistance 1579 Environment, Health, and Natural Resources Environmental Management .... 1 6 1 1 Wildlife Resources Commission 1619 Human Resources Facility Services 1584 Social Services 1607 IV. FESAL RULES Revenue Motor Fuels Tax 1620 V. LIST OF RULES CODIFIED 1624 Staff: Ruby Creech, Publications Coordinator Teresa Kilpatrick, Editorial Assistant Jean Shirley, Editorial Assistant VI. RRC OBJECTIONS 1628 VII. RULES INA ALID.ATED BY JUDICIAL DECISION 1631 VIII. CUMULATFVE INDEX 1633 NORTH CAROLINA REGISTER Publication Schedule (October 1991 - December 1992) Issue Date Last Day for Filing Last Day for Electronic FUing Earliest Date for Public Hearing Earliest Date for Adoption by Agency Last Day * to Earliest Submit Effective to Date RRC ++++++++*++++++++++++*+++++++++++++++++++++++++++++++++++++++ 10/15/91 11/01/91 11/15/91 12/02/91 12/16/91 01/02/92 01/15/92 02/03/92 02/14/92 03/02/92 03/16/92 04/01/92 04/15/92 05/01/92 05/15/92 06/01/92 06/15/92 07/01/92 07/15/92 08/03/92 08/14/92 09/01/92 09/15/92 10/01/92 10/15/92 11/02/92 11/16/92 12/01/92 12/15/92 09/24/91 10/11/91 10/24,91 11/07/91 11/21/91 12/09/91 12/20/91 01/10/92 01/24/92 02/10 92 02/24 '92 03/11/92 03/25/92 04/10/92 04/24/92 05/11/92 05/25/92 06/10/92 06/2492 07/13 92 07/24/92 08/11/92 08/25 92 09/10 92 09/24 92 10/12/92 10/23/92 11/06/92 11/24/92 10/01/91 10/18/91 10/31/91 11/14/91 12/02/91 12/16/91 12/31/91 01/17/92 01/31/92 02/17/92 03/02/92 03/18/92 04/01/92 04/17/92 05/01/92 05/18/92 06/01/92 06/17/92 07/01/92 07/20/92 07/31/92 08/18/92 09/01/92 09/17/92 10/01/92 10/19/92 10/30/92 11/13/92 12/01/92 10/30 91 11/16/91 11/30/91 12/17/91 12/31/91 01/17/92 01/30:92 02/18/92 02/29/92 03/17/92 03/31/92 04/16 92 04/30/92 05/16/92 05/30/92 06/16/92 06/30/92 07/16/92 07/30/92 08/ 18 92 08/29/92 09/16/92 09/30/92 10/16/92 10/30 92 11/17/92 12/01/92 12/16/92 12/30/92 11/14,91 12/01/91 12/15/91 01/01/92 01/15,92 02/01/92 02/14/92 03/04/92 03/15/92 04/01/92 04/15 92 05/01/92 05/15/92 05/31/92 06/14,92 07/01/92 07/15/92 07/31/92 08/14/92 09/02 92 09/13/92 10/01/92 10/15,'92 10/31,'92 11/14/92 12/02/92 12/16/92 12/31/92 01/14/93 11/20/91 12/20/91 12/20/91 01/20/92 01/20/92 02/20/92 02/20/92 03/20/92 03/20/92 04/20/92 04/20/92 05/20/92 05/20/92 06/20/92 06/20/92 07/20/92 07/20/92 08/20/92 08/20/92 09/20/92 09/20/92 10/20/92 10/20/92 11/20/92 11/20,92 12/20,92 12/20/92 01/20/93 01/20/93 01/02/92 02/03/92 02/03/92 03/02/92 03/02/92 04/01/92 04/01/92 05/01/92 05/01/92 06/01/92 06,01/92 07/01/92 07/01/92 08/03/92 08 '03/92 09/01/92 09/01/92 10 01/92 10/01/92 11/02/92 11/02/92 12/01/92 12/01/92 01 04/93 01 04/93 0201/93 02/01/93 03 01/93 03/01/93 * The "Earliest Effective Dale" is computed assuming that the agency follows the publication schedule above, that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next calendar month. EXECUTIVE ORDER EXECLTIVE ORDER NLMBER 159 NORTH CAROLINA GOVERNOR'S COMMISSION ON WORKKORCE PREPAREDNESS WHEREAS, the final report of the previous Governor's Commission on Workforce Preparedness has increased public awareness in connection with the impending skills crisis in North Carolina; and WHEREAS, an education-economic develop-ment link has been forged by the rapid evolution m technological advancements and the globalization of the economy; and WHEREAS, North Carolina's competitive po-sition Ln the new emerging global economy is threatened by low levels of educational attain-ment among some members of our population; and WHEREAS, the existing vocational, basic and remedial education, employment, and job train-ing systems lack coordination; and WHEREAS, this lack of coordination makes it difficult to ascertain duplication of services and program impact, and more importantly, does not allow for a serious analysis in determining the responsiveness of the system in meetmg the needs of both employers and individuals in need of program services; and WHEREAS, the previous Governor's Com-mission on Workforce Preparedness saw the need for its "permanent embodiment" and the need for "establishing a comprehensive and strategic planning system for responding to the impending workforce preparedness crisis"; NOW THEREEORE, by the authority vested in me as Governor bv the Constitution and laws of North CaroHna, it IS ORDERED; Section 1. ESTABLISHMENT (a) Executive Order Number 107 is hereby terminated, the purpose of the Governor's Com-mission on Worklbrce Preparedness established in that Order having been accomplished. (b) There is hereby established the North Carolina Governor's Commission on Workforce Preparedness ("Commission"). Section 2. MEMBERSHIP (a) The membership shall consist of the North Carolina Job Training Council and the North Carolina Advisory- Council on Vocational and Applied Technology Education. The Commis-sion shall report directly to the Governor. (b) Notwithstanding the directives of this Executive Order, the two Councils shall continue to perform all duties and responsibilities granted under their respective federal and state mandates. Section 3. CHAIRPERSON The Governor shall appoint a chairperson from among the members of the Commission to serve at the Governor's pleasure. Section 4, EXECLTIVE BOARD (a) The Governor shall select from among the members of the Commission an Executive Board ("Board") consisting of not less than seven members; provided, however, that a majority of the Board shall be representative of the private sector to the extent practicable. The Board shall provide leadership and guidance to the Commis-sion and all other boards, councils, and commit-tees specified in this Order in carrying out the duties and responsibilities outlined in Section 9. (b) The Chairperson of the Commission shall also serve as Chairperson of the Board. (c) The Governor or his designee shall serve as an ex-olTicio member of the Board. Section 5. MEETINGS 1 he Commission or the Board shall meet at such times and locations as designated by the Chairperson. Section 6. QLORLM (a) A simple majority of the Commission shall constitute a quorum for the transaction of busi-ness by the Commission. (b) A simple majority of the Board shall con-stitute a quorum for the transaction of business by the Board. Section 7. BYLAWS Both the Commission and the Board shall es-tabhsh such bylaws as are necessar,' and appro-priate for proper implementation of the directives of this Executive Order and which are consistent with applicable law. Section 8. FUNCTION (a) The two Councils shall act in partnership as a single Commission in providing leadership for coordination and strategic planning of workforce preparedness policy. (b) An Inter-Agency Coordinating Committee (ICC) shall be created to include senior-level management representation from each state de-partment designated as a Workforce Preparedness Program in Section 10(b). The ICC wLU provide technical and staff support to 6:21 NORTH CAROLINA REGISTER February i, 1992 1563 EXECUTIVE ORDER both the Commission and the Board. The Chairperson and membership of the ICC shall be appointed by the Chairperson of the Com-mission. Section 9. PI KPOSE The Commission shall perform the following duties and responsibihtics: (a) Advise and recommend to the Governor, General Assembly, state departments, other pubUc agencies, and the private sector poli-cies and programs that enhance North Carolina's economy through the develop-ment of the State's workforce. (b) Direct coordination among all designated programs identified under Section 10, pro-vided that such coordination shall not inter-fere with federally mandated duties and responsibilities. (c) Establish criteria to facilitate the creation of a comprehensive Workforce Preparedness System that is market-driven and customer-focused. The criteria shall include, but not be limited to: (1) Standards for establishing common defi-nitions and assessment criteria to provide convenient entry at any point into the comprehensive systems; and (2) Standards for creating a data collection system to facilitate better e\aIuation and more consistent reporting methods and linking of data systems to allow tracking of chents throughout the various pro-grams in the comprehensive system; and (3) Standards for developing program evalu-ation methods (and procedures) to assess actual program outcomes. (d) Submit to the Governor and General As-sembly a biennial strategic plan for Workforce Preparedness to include, but not be limited to: (1) A statement of goals and objectives for the coming biennium; and (2) An inventory and assessment of all pro-grams identified as part of the workforce preparedness system under Section 10 pro\ided that such invcntor\' and assess-ment shall not intertere with federally mandated duties and responsibilities; and (3) .An assessment of the vocational educa-tion, basic and remedial education, em-ployment, and job training needs of the State's labor market; and (4) .\n evaluation of each program in terms of consistency in meeting state goals and objectives, and reaching desired outcomes in relation to the needs of employers and individual citizens who are in need of program services. This evaluation should also report on the progress of each pro-gram in meeting the coordination criteria of the Commission; and (5) Recommendations for policy changes and funding to ensure effective implementa-tion of the comprehensive system; and (6) Recommendations for reducing program duplication and effecting cost savings and filing gaps in existing pohcies and pro-grams. (e) Develop and promote strategies for coop-eration between education, government and the private sector and which leverage private resources for the development of the State's Workforce Preparedness system. These strategies shall specifically focus on promot-ing school-to-work transition programs for high school students and modernization of the workplace through high performance work organizations. Section 10. WORKFORCE PREPAREDNESS PROGR.WIS .AND ACiENCIES (a) Subject to their federally mandated duties and responsibilities, the foliowmg federal re-sources programs are hereby designated as Workforce Preparedness Programs: - Adult Education Act Carl D. Perkins Vocational and Applied Technology Education Act - Job Training Partnership Act - Waaler- Peyser Act - Titfe IV of the Social Security Act (JOBS - Welfare-to-Work) - litle IX of the Social Security Act (Miscella-neous Provisions Relating to Employment Security) - Vocational Rehabditation Act - National Apprenticeship Act - F'ood Stamp Act (Workfare) - Displaced Homemakers Self-Sufficiency As-sistance Act Internal Revenue Code of 1986 (Targeted Jobs Tax Credit, Work Incentive Program) - Chapter 2 of the Trade Act (.Adjustment As-sistance or Workers) - Title V of the Older Americans Act (Com-munity Service Employment) - Veteran's Job Training Act. (b) All State resources programs that are vo-cational -, basic and remedial education -, em-ployment -, and job training-related are hereby designated as Workforce Preparedness Programs. (c) The Departments of Economic and Com-munity De\'elopment, Commumty Colleges, La-bor, Public Instruction, Human Resources, Corrections, and .Administration, and all local 1564 6:21 NORTH CAROLINA REGISTER February i, 1992 EXECUTIVE ORDER agencies that provide vocational education, basic and remedial education, employment, and job training services are hereby designated as mem-bers of the Workforce Preparedness System. Section I ! COOPERATION OF STATE AGENCIES On request all agencies and departments of the State of North Carolina shall cooperate with the Commission and the Board in their duties and responsibilities as established by this Executive Order. Section 12. ADMINISTRATION AND EXPENSES Members shall receive per diem and necessary travel and subsistence expenses in accordance with N.C.G.S. 138-5, 138-6, or 120-3.1. This Executive Order shall be effective as of January 3, 1992, and shall remain in effect until terminated. Done in Raleigh, North Carolina, this the 6th day of January, 1992. 6:21 NORTH CAROLINA REGISTER February 3, 1992 1565 VOTING RIGHTS ACT FINAL DECISION LETTERS [G.S. 120-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the A ttorney General of the United States in which a final decision is made concerning a "change af-fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina Register. / U.S. Department of Justice Civil Rights Division JRD:LLT:ACJ:tlb DJ 166-012-3 Voting Section 91-4043 P.O. Box 66128 Washington, D.C. 20035-6128 December 20, 1991 Richard J. Rose, Esq. Poyner & Spruill P. O. Box 353 Rocky Mount, North Carolina 27802 Dear Mr. Rose: This refers to three annexations (Ordinance Nos. 91-190, 91-184 and 91-189) and the designation of the annexed areas to election districts for the City of Rocky Mount in Edgecombe and Nash Counties, North Carolina, submitted to the Attomey General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on October 28, 1991. The Attomey General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attomey General to object does not bar subsequent litigation to enjoin the enforcement of the changes. See the Procedures for the Adminis-tration of Section 5 (28 C.F.R. 51.41). Sincerely, John R. Dunne Assistant Attomey General Civil Rights Division By: Gerald W. Jones Chief, Voting Section 1566 6:21 NORTH CAROLINA REGISTER February 3, 1992 VOTING RIGHTS ACT FINAL DECISION LETTERS U.S. Department of Justice Civil Rights Division JRD:GS:TGL;lri DJ 166-012-3 Voting Section 91-4235 P.O. Box 66128 91-4236 Washington, D.C. 20035-6128 January 7, 1992 Michael Crowell, Esq. Tharrington, Smith & Hargrove P. O. Box 1151 Raleigh, North Carolina 27602-1151 Dear Mr. Crowell: This refers to the 1991 redistricting plans for the board of commissioners and the board of educa-tion Ln Pitt County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submissions on November 8, 1991. The Attorney General does not interpose any objection to the specified changes. However, we note that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division By: Gerald W. Jones Chief, Voting Section 6:21 NORTH CAROLINA REGISTER February 5, 1992 1567 VOTING RIGHTS ACT FINAL DECISION LETTERS U.S. Department of Justice Civil Rights Division JRD:.MAP:DOW:gmh DJ 166-012-3 Voting Section 91-4481 P.O. Box 66128 Washington, D,C. 20035-6128 Januar>- 17, 1992 Michael Crowell, Esq. Tharrington, Smith & Hargrove P. O. Box 1151 Raleigh, North Carolma 27602 Dear .Mr. Crowell: This refers to the change in the method of election from at large to two double-member districts and a single-member district, the districting plan, an increase in the number of city councUmembers from four to five, the method of staggering terms of office, the implementation schedule, and the pro-cedures for conducting the May 1992 special election for the City of Roanoke Rapids in Halifax County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on December 5, 1991. The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent htigation to enjoin the enforcement of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional information that would otherwise re-quire an objection comes to our attention during the remainder of the sixty-day review period. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). Sincerely, John R. Dunne Assistant Attorney General CivU Rights Division By: Gerald W. Jones Chief, Voting Section 1568 6:21 NORTH CAROLINA REGISTER Febniaiy 3, 1992 PROPOSED RULES TITLE 2 - DEPARTMENT OF AGRICULTURE Noodce is hereby given in accordance with G.S. 150B-21.2 that the N.C. Structural Pest Control Committee intends to amend rule(s) cited as 2 NCAC34 .0101 - .0102, .0302, .0313, .0318, .0601 - .0605, .0902, .1001; and adopt rule(s) cited as 2 NCAC34 .0329, .0406, .1201 - .1206. 1 he proposed effective date of this action for 2 NCAC 34 .1201 - .1206 is May I, 1992: and for 2 NCAC 34 .0101 - .0102, .0302, .0313, .0318, .0329, .0406, .0601 - .0605, .0902, .1001 is July I, 1992. 1 he public hearing will be conducted at 10:00 a.m. on February 18, 1992 at the Board Room, Agriculture Building, 2 W. Edenton St., Raleigh, N.C. 27601. J\eason for Proposed A ction: 2 NCA C 34 . 1201 - .1206 - Establishes procedures for contested cases. 2 NCAC 34 .0101 - .0102, .0302, .0313, .0318, .0329, .0406, .0601 - .0605, .0902, .1001 - Makes various changes in requirements applicable to structural pest control licensees and certified applicators, such as written agreements with property owners, recordkeeping, financial respon-sibility, time for commencing disciplinary actions, and technical and wording changes. Coomment Procedures: Interested persons may present their views either orally or in writing at the hearing. Comments may be submitted in writing no later than March 4, 1992 by mail, addressed to the Chairman of the North Carolina Structural Pest Control Committee, P.O. Box 27647, Raleigh. NC 27611. CHAPTER 34 - STRUCTURAL PEST CONTROL DIVISION SECTION .0100 - INIRODUCTION AND DEFINITIONS .0101 INTRODUCTION (a) Applicable to licensees only: (1) .'Ml licensed structural pest control opera-tors shall faithfully and honestly carry out the provisions and terms of all contracts into which they enter for the control of structural pests. (2) In addition to following all minimum re-quirements outlined in the rules and reg-ulations herein, licensed structural pest control operators shall be responsible for obtaining satisfactory control of all in-sects, rodents, fungi, or other pests indi-cated in the control agreement(s). (3) Licensed structural pest control operators shall be responsible for obtaining satisfac-tory control of active infestations of pests for which control agreements were entered into prior to July 1, 1955, if contracts covering said agreements are currently ef-fective, (b) Applicable to both licensees and certified applicators: (1) The methods and materials used in struc-tural pest control procedures shall be in accordance with the current label registra-tions of federal and State of North Carolina agencies responsible for making such registrations. (2) The possession, usage, application, stor-age, and disposal of all pesticides and all pesticide containers shall be in conformity with all federal and North Carolina State laws and regulations governing the pos-session, usage, application, storage, and disposal of pesticides and pesticide con-tainers. (3) Licensed structural pest control operators or their authorized agents and certified applicators (oxcopt those Het omployod by a liconflOQ aft4 net- ur.ing a rootrictod uso pooticido) shall maintain at their business location(s) copies of current registered la-bels for all pesticides used. Such labels shall be made available for inspection upon request of the onforcomont agoncy Division or the committoo. Committee. Statutory Authority G.S. 106-65.29. .0102 DEFINITIONS For the purpose of interpretation of the rules, regulations, definitions, and requirements of the North Carolina Structural Pest Control Com-mittee and the Structural Pest Control Law, and unless otherwise required by the context, the fol-lowing definitions shall prevail, to wit: (1) "Act and/or law" means the Structural Pest Control Act of North Carolina of 1955. (2) "Active infestation of a specific organism" means evidence of present activity by that organism, visible in, on, or under a structure, or in or on debris under the structure. (3) "Acutely toxic rodenticidal baits" means all baits that contain rodcnticides other than barium carbonate, norbormide, red squill, and the anticoagulants. 6:21 NORTH CAROLINA REGISTER February 3, 1992 1569 PROPOSED RULES (4) "Board of Agriculture" means the Board of Agriculture of the State of North Carolina. (5) "Commercial certified applicator" shall mean any certified applicator employed by a licensed individual. (6) "Common laborer" as used in G.S. 106-65.31 of the Structural Pest Control Act shall mean an employee of a Ucensed struc-tural pest control operator who does not engage in or supervise the mixing or appli-cation of pesticides for the control of struc-tural pests. (7) "Commercial structure" means any struc-ture which is not a residential structure; in-cluding but not hmited to shopping centers, offices, nursing homes and similar structures. (8) "Complete surface residual spray" means the over-aU application of any pesticide by spray or otherwise, to any surface areas within, on, under, or adjacent to, any struc-ture in such a manner that the pesticide will adhere to surfaces and remain toxic to . household pests and rodents or other pests for an extended period of time. (9) "Continuing education units" means units of non-credit education awarded by the Di-vision of continuing education. North CaroUna State University or comparable educational institution, for satisfactorily completing course work. (10) "Continuing certification unit" means a unit of credit awarded by the Committee upon satisfactory completion of one clock hour of instruction in MVf an approved course »f study (one CCU is approximately equal to one tenth CEU of approved course work). (11) "Deficient soil sample" shall mean any soil sample which, when analyzed, is found to contain less than 25 percent of the termiticide apphed by a licensee which would be found if the termiticide had been apphed at the lowest concentration and dosage recommended by the labeling. (12) "Department" means the Department of Agriculture of the State of North Carolina. (13) "Disciplinary action" means any action taken by the Committee as provided under the provisions of G.S. 106-65.28. (14) "Division" means the Structural Pest Control Division of the Department of Ag-riculture of the State of North Carolina. (15) "Enclosed space" means any structure by whatever name known, including household structures, commercial buildings, ware-houses, docks, vacant structures, and places where people congregate, such as hospitals, schools, churches, and others; railroad cars, trucks, ships, aircraft, and common carriers. It shall also mean vaults, tanks, chambers, and special rooms designed for use, being used, or intended to be used for fumigation operations. (16) "Enforcement agency" means the Struc-tural Pest Control Division of the Depart-ment of Agriculture of the State of North Carolina. (17) "EPA" means the Environmental Pro-tection Agency of the United States Gov-ernment. (18) "EPA registration number" means the number assigned to a pesticide label by EPA. (19) "Elammable pesticidal fog" means the fog dispelled into space and produced: (a) from oil solutions of pesticides fmely atomized by a blast of heated air or ex-haust gases from a gasoUne engine, or from mixtures of water and pesticidal oil solutions passed through a combustion chamber, the water being converted to steam, which exerts a shearing action, breaking up the pesticidal oil into small droplets (thermal fog); or (b) from oil solutions of pesticides which are forced through very narrow space by centrifugal force and atomized as they are thrown off into the air (mechanical or cold fogs). (20) "Fog or fogging" means micron sized particles of pesticide(s) dispersed by means of a thermal generator. (21) "Fumigation" means the use of fumigants within an enclosed space, or in, or under a structure, in concentrations which may be hazardous to man. (22) "Fumigation crew" or "crew" means per-sonnel performing the fumigation operation. (23) "Fumigation operation" means all details prior to apphcation of fumigant(s), the ap-plication of fumigant(s), fumigation period, and post fumigation details as outlined in these Rules and Regulations. (24) "Fumigation period" means the period of time from application of fumigant(s) until ventilation of the fumigated structure(s) is completed, and the structure or structures are declared safe for occupancy for human beings or domestic animals. (25) "Fumigator" means a person hcensed un-der the provisions of G.S. 106-65. 25(a)(3) or certified under the provisions of G.S. 106 65.35(b)(1) G.S. 106-65. 25(e)(1) to en-gage in or supervise fumigation operations. 1570 6:21 NORTH CAROLINA REGISTER February 3, 1992 PROPOSED RULES (26) "Gas-retaining cover" means a cover which will confine fumigant(s) to the space(s) intended to be fumigated. (27) "General fumigation" means the applica-tion of fumigant(s) to one or more rooms and their contents in a structure, at the de-sired concentration and for the necessary length of time to control rodents, insects, or other pests. (28) "Household" means any structure and its contents which are used for man. (29) "flousehold pest control" means that phase of structural pest control other than the control of wood-destroying organisms and fumigation and shall include the appli-cation of remedial measures for the purpose of curbing, reducing, preventing, controlling, eradicating, and repelling household pests and rodents. (30) "Inactive license" shall mean any struc-tural pest control license held by an individ-ual who has no employees and is not engaged in any structural pest control work. (31) "Infestation of a specific organism" means evidence of past or present activity by that organism, visible in, on, or under a structure, or in or on debris under the structure. (32) "Inspection for a specific wood-destroying organism" means the careful visual exam-ination of all accessible areas of a building and the sounding of accessible structural members to determine the presence of and the damage by that specific wood-destroying organism. (33) "Inspector" means any employee of the Structural Pest Control Division of the De-partment of Agriculture of the State of North Carolina. (34) "Jobs not meeting the minimum require-ments of these Rules and Regulations" means any job that is not treated in accord-ance with the minimum requirements as herein set forth. (35) "Licensed structural pest control opera-tion," or "pest control operation," or "op-erator," or "licensed operator" means any person licensed under the provisions of G.S. 106-65. 25(a) or unlicensed who, for direct or indirect hire or compensation is engaged in the business of controlling, destroying, curbing, mitigating, preventing, repelling, offering advice on control methods and procedures, inspecting and identifying infestations and populations of insects, rodents, fungi, and other pests within, under and on structures of any kind, or the nearby surrounding ground areas or where people may assemble or congregate including work defined under G.S. 106-65.24(23). (36) "Liquefied gas aerosol" means the spray produced by the extreme rapid volatilization of a compressed and liquefied gas, to which has been added a non-volatile oil solution containing a pesticide. (37) "Non-commercial certified applicator" shall mean any certified applicator not em-ployed by a licensed individual. (38) "Open porch" means any porch without fiU in which the distance from the bottom of the slab to the top of the soil beneath the slab is greater than 12 inches. (39) "Percolation" (as used m Rule .0503(c)(2) of Section .0500 this Chapter) means the leakage or movement of a pesticide from the initial point of application by the action of the water. (40) "Residential structure" means any struc-ture used as a permanent dwelling such as a single- or multi-family home, a condomin-ium or townhouse or an apartment. (41) "Secretary" means the Secretary to the North Carolina Structural Pest Control Committee. (42) "Ser%'ice vehicle" means any vehicle used to transpK^rt the licensee or certified appUcator or serviceman and/or their equip-ment and pesticides used in providing struc-tural pest control services. (43) "Slab-on-ground" means a concrete slab in which all or part of that concrete slab is resting on or is in direct contact with the ground immediately beneath the slab. (44) "Sohd masonry cap" means a continuous concrete or masonry barrier covering the entire top, width and length, of any wall, or any part of a wall, that provides support for the exterior or structural parts of a building. (45) "Space spray" means any pesticide re-gardless of its particle size, which is apphed to the atmosphere within an enclosed space in such a manner that dispersal of the pesti-cide particles is uncontrolled. Pesticidal fogs or aerosols, including those produced by thermal-aerosol generators (fogging ma-chines), shall be considered space sprays. (46) "Spot fumigation" means the application of a fumigant to a localized space or harborage within, on, under, outside of or adjacent to, a structure for local household pest or rodent control. (47) "Spot surface residual spray" means the apphcation of pesticidal spray directly to a surface and only in specific areas where nec-essary and in such a manner that the pesti-cidal material wiU largely adhere to the 6:21 NORTH CAROLINA REGISTER February 3, 1992 1571 PROPOSED RULES surface where applied and will remain toxic to household pests or rodents or other pests for which applied for an extended period of time. (48) "Structure" means all parts of a building, whether \acant or occupied, in all stages of construction. (49) "Structural pests" means all pests that oc-cur in any type of structure of man and all pests associated with the immediate environs of such structures. (50) "Sub-slab fumigation" means the applica-tion of a fumigant below or underneath a concrete slab and is considered spot fumigation. (51) "Telephone answering service location" means any location used for the sole pur-pose of receiving telephone messages. (52) "Termiticide(s)" (as used in Rule .0503, Subterranean Termite Control, and Rule .0505, Subterranean Termite Prevention) means those pesticides specified in Rule .0502, Pesticides for Subterranean Termite Prevention and'or Control. (53) "To use any pesticide in a manner incon-sistent with its labeling" means to use any pesticide in a manner not permitted by the labeling. Provided that, the term shall not include: (a) applying a pesticide at any dosage, con-centration or frequency less than that specified on the labeling; (b) applying a pesticide against any target pest not specified on the labeling if the appli-cation is to the site specified on the label-ing, unless the EPA has required that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling; (c) employing any method of application not prohibited by the labeling. (54) "Type of treatment" means the method used to apply a pesticide formulation to a specific location. (55) "Unauthorized personnel" means any in-dividual or individuals not given specific au-thorization by the Hcensee or certified applicator to areas to which access is re-stricted by these regulations. (56) "Under dixect supervision of means the act or process whereby application of a pes-ticide is made by a competent person acting under the instructions and control of a hcensee or certified appUcator who is re-sponsible for the action of that person and who is available if and when needed, even though such licensee or certified applicator is not physically present at the time and place the pesticide is apphed. (57) "Waiver" means a standard form pre-scribed by the Committee which will, when completed correctly, permit the licensee to deviate from or omit one or more of the minimum treatment methods and proce-dures for structural pests which are set forth in the Committee rules, regulations, defi-nitions and requirements. (58) "Wood-destroying insect report" means any written statement or certificate issued, by an operator or his authorized agent, re-garding the presence or absence of wood-destroying insects or their damage in a structure. (59) "Wood-destroying organism" is an organism such as a termite, beetle, other in-sect, or fungus which may invade, inhabit, devour, or destroy wood or wood products and other cellulose material found in, on, under, in contact with, and around struc-tures. (60) "Wood-destroying organism report" means any written statement or certificate issued, by an operator or his authorized agent, regarding the presence or absence of wood-destroying organisms or their damage in a structure. Statutory Authority G.S. 106-65.29. SECTION .0300 - LICENSING .\ND CERTIFIC.VTION .0302 APPLICATION FOR LICENSES AND CARDS: EXAMIN.\TION (a) Application for hcenses under the pro-visions of G.S. 106-65. 26(a) and (c): (1) AppUcation for examination shall be on a regular form prescnbed by the Division. All examinations shall be maintained and administered by the Committee secretary. The Committee may review the examina-tions and make recommendations regard-ing changes in same. (2) Upon approval of the apphcation for ex-amination, the Committee secretary shall notify the applicant of said approval and provide the necessar>' form(s) for the ap-pUcant to prc-register for the examination as required in Pailo .0302(c). Paragraph (c) of this Rule. (3) Apphcations to take the examination shall be either typed or printed in ink and sworn to before a notary- public or some other official authorized by law to admin-ister oaths. 1572 6:21 NORTH CAROLINA REGISTER Eebruarv 3, 1992 PROPOSED RULES (4) A clear full-face, head, and shoulder photograph of the apphcant, taken within the preceding 12 months of the date of application, and not less than two and one-half inches square, shall be attached to the application. (5) All applications to take the examination shall be retained by the office of the Committee secretary. All documents filed in support of an application shall be kept by the office of the Committee secretary; provided, however, that the Committee may at its discretion permit such docu-ments to be withdrawn upon substitution of a true copy. All examinations shall remain the property of the Committee. (6) An applicant who gives or receives un-authorized assistance during an examina-tion shall be dismissed from the examination and his markings or results shall be voided and said applicant's ex-amination fee shall be forfeited. Such applicant shall not be permitted to take a re-examination for a period of six months from the date of the examination. (7) No person shall be admitted to the ex-amination room except members of the Committee, the attorney for the Commit-tee, the examining personnel, employees of the Structural Pest Control Division, and the applicants for hcenses. (8) .Any applicant making a score of 70 per-cent or more on any license examination(s) shall be issued a license in that phase(s) of structural pest control af-ter making proper apphcation therefor. (9) The applicant shall furnish such infor-mation as the committee may require to establish that said apphcant p>ossesses qualifications as specified in G.S. 106-65.26 of the act for the particular hcense(s) which he seeks. The Commit-tee, or its authorized representatives, may make such investigations as it deems nec-essary with respect to the applicant's qualifications. (10) All applicants passing the examination(s) for Ucenses shall apply for said licenses within six months from the date on which the examinations were passed. If such apphcants fail to make application for said licenses, within the specified period, such applicants shall be required to take and satisfactorily pass re-examinations cover-ing phases of structural pest control work for which licenses were applied before said Hcenses are issued. (11) If an applicant [within 60 days after no-tification that he has failed an examination] requests to review the exainination(s), the Division shall allow such review during the earliest possible regular review session, (b) Application for certified applicator's iden-tification card under the provisions of G.S. 106-65. 26(a) and (b): (1) Apphcations filed pursuant to G.S. 106-65. 26(a) and (b) shall be on a regular form prescribed by the Division. (2) An applicant for a certified applicator's identification card in any phase of struc-tural pest control shall furnish such infor-mation as the Committee may require to establish that said applicant possesses qualifications as specified in G.S. 106-65.26 of the act for the particular cer-tified applicator's identification card which he seeks. The Committee or its author-ized representatives, may make such in-vestigations as it deems necessarv' with respect to the applicant's qualifications. (3) All applications for certified applicator's identification cards under the provisions of G.S. 106-65. 26(a) and (b) shall be re-tained by the office of the Committee secretary. /Vll documents filed in support of an apphcation shall be kept by the of-fice of the Committee secretary; provided, however, that the Committee may at its discretion permit such documents to be withdrawn upon substitution of a true copy. .'VU examinations shall remain the property of the Committee. (4) Any applicant making a score of 70 per-cent or more on the core certification ex-amination and on any certified applicator's examination(s) shall be issued a certified applicator's identification card in that phase of structural pest control af-ter making proper application therefor. (5) All apphcants passing the e.xamination(s) for certified apphcator's identification cards shall apply for said cards within six months from the date on which the ex-aminations were passed. If such apph-cants fail to make apphcation for said certified apphcator's identification cards within the specified period, such apph-cants shall be required to take and satis-factorily pass re-examinations covering phases of structural pest control work for which certified applicator's identification cards were apphed before said cards are issued. 6:21 yORTH CAROLINA REGISTER February 3, 1992 1573 PROPOSED RULES (6) Upon receipt of the application for ex-amination, the Committee secretary- shall provide the necessary' forms for the appli-cant to pre-register for the examination as required in Ruli? .0302(oj. Paragraph (c) of this Rule. (7) 44^ik» MM2 Subparagraphs (a)(2), (3), (5), (6), (7), (12) and (13) of ttus Section Rule shall also apply to all applicants for certi-fied applicator's identification cards. (c) Pre-registration for license and certified applicator examination applicants: (1) AU applicants for the license and or certi-fied applicator's examination(5) shall pre-register with the Committee secretary for said examination(s) no less than ten days prior to the date of the exammation. (2) Applicants who fail to pre-register shall not be permitted to take the examination. (3) Pre-registration shall include a properly completed application for examination. (d) Frequency of examination by license ap-pUcant limited: (1) An applicant who initially fails to pass the license examination may retake the exam-ination at any subsequent regularly scheduled examination. (2) An applicant who fails to pass the second license examination shall wait a minimum of three montho examinations between each subsequent examination: except that, in the event of a death of a licensee the applicant intending to succeed the de-ceased licensee may take the examination a third time prior to the first three month examination waiting period. Statutory Authority G.S. 106-65.29. .0313 INFORMATION ON REGISTERED TECHNICIAN'S IDENTIFICATION CARDS (a) A registered technician's identification card shall contain, but not be limited to, the foUovs'ing information: ( 1 ) name of registrant: (2) name of licensee or employer; (3) name of Licensee's company; (4) address of licensee's company; (5) license number and phase(s) of licensee; (6) age, \s eight, height, color of hair and eyes of registrant: (7) job classification of card holder: (8) issuance date, expiration date and license year covered b\' card. (b) The registered teclmician's identification card and the Ucense of the employer of the card holder shall bear the same license number and License phase(s). Each registered technician's identification card shall bear only one license number, one company name, and not more than three license phases. (c) A licensee or non-commercial certified applicator applying for the issuance or renewal of a registered technician's identification card for his employee shall certify to the Division that the employee has completed employee training ap-pro\ ed by the Committee in structural pest con-trol work. (d) In the event the oommittoo Committee ap-proves employee training materials produced by the Di\ision, such materials shall be purchased for each home office and by at least one non-commercial certified apphcator at each business location at a cost determined by the committoo; Committee; provided, however, a liconooo wh» in licensees performing work under the structural pest control license of another and non-commercial certified applicators who are not en-gaged in structural pest control shall not be required to purchase the training materials. (e) Training materials shall be made available for inspection dunng regular busmess hours upon request by the Dhision. Statutmy Authority G.S. 106-65.29. .0318 CHANGE IN ST.\TCS OF EICENSEE AND/OR CERI IFIED APPLIC.VIOR fri^ \\'h en thoro it* a change m the C'tatuo &f a licuni' L' L' ift relation Ve- tl» company ef- branch offico. t4» licon '.o numbe r given to tfee origmal hconooe ef a company may l*e retained W t4»t-company &f branch otfice. at- Ae discretion e4^y** Committee. aft4 upon written request Viithin taa days fvf such change. (-b^ It shall be the responsibility of each Licensee and certified apphcator to inform the committee Conimittee secretars, in wnting, on a form pre-scnbed by the Di\ision. and within 10 days, of any change in employment status, including but not limited to: (1) change from one emplo\er to another, (2) change of business address, (3) change of company name, (4) change of telephone number, (5) sale of business, (6) discontinuance of business, (7) change of business location, (8) change of resident agent. Statutory Authority G.S. 106-65.29. .0329 EXPIRATION OF LICENSES .\ND CARDS 1574 6:21 NORTH CAROLINA REGISTER Eebnmry 3. 1992 PROPOSED RULES (a) Any licensee whose license expires and is subject to reexamination pursuant to G.S. 106-65. 31(b) shall meet all the requirements for licensing prescribed in G.S. 106-65.26 and Rule .0302(a) and (c] of this Section. (b) Any certified applicator whose certified applicator's identification card expires and is subject to reexamination pursuant to G.S. 106-65.3 1(a) shall meet all the requirements for certification prescribed in G.S. 106-65.26 and Rule .0302(b) and (c) of this Section. Statutory Authority G.S. 106-65.29. SECTION .0400 - PLBIJC SAFETY .0406 SPIEL CONTROL Licensees and certified applicators shall main-tain spill control materials and'or equipment at aU locations used to store pesticides and on aU service \chicles used to transport pesticides. Statutory Authority G.S. 106-65.29. SECTION .0600 - WOOD-DESTROYING ORGANISMS AGREEMENTS .0601 AGREEMENTS (a) Before any work treatment is started, the licensee or his authorized agent shaU be ro 'jpon oiblo fof executing execute, and furnish to the prope^t\^ owner or his authorized agent, a wntten Qgroomont with, aft4 proposal informing m detail, the property owner or his authorized agent, in detail, as to the type and quality of work that is to be performed, under Vb* agreement. The written proposal shall contain that information specified in Rule .0605 of tliis Section and, upon written acceptance by the property owner or au-thonzed agent, shall suffice as a written agree-ment. (b) The licensee or his authorized agent shall. within 14 days of beginning a treatment, execute a wntten agreement with the property owner or his authon/.ed agent in conformance with Rule .0605 ot this Section. Dunng the J_4 day pcnod. the Division will use the wntten proposal as its standard of enforcement. Following the 14 day period and in the absence of an executed wntten agreement, the Division will apph' Rule .0503, .0505 or .0506 of this (Chapter, as applicable, as its standard of enforcement. Statutory Authority G.S. 106-65.29. .0602 WOOD-DESTROYING INSECT AND OTHER ORG.4N1SM REPORTS (a) Bot'.voen September +t 1^87 afi4 Januap; ' 3-^ 198 8, aay /Vny written statement as to the pres-ence or absence of wood-destroying insects or their damage in buildings or structures for sale shall be on either IIUD Fonn -rver 92053 Bf the WDIR 100. As »f FobruuPr r ^ W8^ ©ftiy WDIR +00 sfeatt be accepted f»f ««e by Ae Committoo. Incomplet e An incomplete or inac-curate Wood- Destroying Insect Reportii Infor-mation Report shall not be acceptable and the issuance of such reports a report is grounds for disciplinary action by the committeo. Commit-tee. No Wood- Destroying Insect Report o Infor-mation Report or Wood- Destroying Organism Reports Report shall be issued before an in-spection of the building or structure is made. Each Wood- Destroying Insect Information Re-port issued by a licensee shall be kept in the files of said licensee and made available at- the for in-spection upon request of the enforcement agency, fof inr.pection. Division. (b) If during the inspection of a structure, a licensee or his authorized agent finds Uve subter-ranean termites or visible evidence of past or present infestation of subterranean termites (such as tubes, damage, cast wings, infested wood scraps or other cellulose materials, etc.) in the structure and there is no visible evidence that said structure has been treated for subterranean termites, the hcensee shall treat said structure for subterranean termites prior to the issuance of a Wood- Destroying Insect Report on the structure which states that the stnicture is free from sub-terranean termites. (c) A licensee, certified applicator or registered technician shall not remo\e or destroy any wood-destroying organism evidence discovered in, on. under or in or on debns under a structure inspected pursuant to this Rule except as re-quired by Paragraph (b) of this Rule. Statutory Authority G.S. 106-65.29. .0603 WAIVERS (a) If there are any deviations or omissions from the minimum requirements for the control and/or prevention of wood-destroying organisms or pests, as hereinbefore set forth, each require-ment omitted shall be fuUy explained, in writing, prior to any work being done, on the waiver fomi(s) prescribed by the Committee, bear tlte written appro'idl ef t4*e property csner ef h» authoni'ed age nt, &ft4 r. hall be made a- permanent prtrt »f y*e wntten agreement. (b) The waiver must be prepared in accordance uilh Rule .(1601 of this Section and, upon wntten acceptance by the property owner, shall become a permanent part of the written agreement. 6:21 NORTH CAROLINA REGISTER February 3, 1992 1575 PROPOSED RULES (c) fb^ Incomplete and retroactive waiver forms shall not be accepted unless approved by the Committee or its authorized agent. Statutory Authority G.S. 106-65.29. .0604 WOOD-DF.STROYING ORGAMSMS RECORDS (a) A duplicate of each written proposal for the control ot' wood-destroNinu oruanisms and waiver (_if applicable) shall be kept by the licensee for a minimum of six months from the date executed bv the licensee or his authony.cd at;ent. (b) (^ A duplicate of each wntten agreement and wai\'er (if applicable), including wood diJt:itroying inaect roporta ef Vi ood de stroying organinm reports, for the control and or pre-vention of any wood-destroying organism shall be kept by the hccnsee for a minimum of two years beyond the expiration date of the written agreement. The duplicate of each written agree-ment shall contain, in addition to the information specified under Rule .0605(a) or Rule .0605(d) of this Section, the foUowiiig: (1) HPA approved brand name of pesticide used; and (2) Information required by EPA. (c) A duplicate of each wood-destroving insect or wood-destro\ing organism report shall be kept bv the licensee for a mmimum of two vears be-vond the date of issuance. (d) fb^ Non-commercial certified applicators shall maintain the following records for two years beyond the last date of treatment: (1) EPA approved brand name of aU pesti-cides used; (2) Target pest; (3) Site of application; (4) Date of application; and (5) Infonnation required by EPA. Statutory Authority G.S. 106-65.29. .0605 CONTRACTl AL AGREEMENTS FOR VVOOD-DESTROMNG ORGANISMS (a) All agreements for the control and or pre-vention of wood-destroying organisms in existing structures shall be in wnting A copy »f A# writ teft agrooment aft4 Vi ais-jr ftf applicable) partain iftg te- sai4 truatmL' nt( ';i ) shall be presented to aft4 fumi''hed tl+e property owner ef fe uuthon/ed agent, fof acceptance , and shall clearl)' set forth &f and include the following: (1) Date property was inspected and full name of the inspector: (2) Exact location of property inspected and/ or treated; (3) Complete name and address of the prop-erty owner or his authorized agent; (4) Complete name and address of the licensee; (5) License number and phase(s) of the licensee and fuU name of company licensee represents; (6) Signature of licensee or his authorized agent; (7) For existing structures, the written agree-ment shall include a foundation diagram of the structure(s) or portions of such structure(s) inspected. The diagram shall clearly indicate and make fuU disclosure of the location of individual water sources, any visual e\idence of wood-destroying organism infestation, whether it be active or inactive, and visibly damaged timbers; (8) The date upon which the written agree-ment is entered into and the period of time covered by the written agreement; (9) The written agreement must clearly indi-cate, by complete not abbreviated com-mon name(s), the wood-destroying organism(s) to be controlled and/or pre-vented, and covered under the written agreement; (10) \\Tiether or not reinspections are to be made and, if so, approximate time interval between, and renewal fees for same; (11) Conditions under which retreatments wiU be made; (12) Total price to be charged for treatment service, and for repairs or excavations, where such are to be performed; (13) The written agreement, waiver (if appli-cable) and Wood- Destroying Insect Re-port or Wood- Destroying Organism Report, shall not show or include the ad-dress and telephone number of any licensee's representative or employee other than the address and telephone number of those specitied in Paile .0605 Subpara-graphs (a)(3), (4), and (5) of this Section; Rule; (14) Any licensee or business entity advertis-ing to be bonded shall advise each cus-tomer, in writing, in the proposal, whether or not the contract or written agreement will be covered by a bond of any type; ( 1 5) If the performance of the work is guar-anteed by a bond, the obhgation of the bond shall set forth specifically such items as necessary retreatments, timber replace-ments, etc., in wording identical to that in the bond itself: (16) Rule .0501(a) of Section Mm this Chapter shall also be followed. 1576 6:21 NORTH CAROLINA REGISTER Eebruary 3, 1992 PROPOSED RULES (b) A structure or structures co\'cred by a con-tract for wood-destroying organism{s) treatment shall not knowingly be placed under an addi-tional contract for the same treatment while the first contract is still in effect. (c) When periodic reinspections or retreatments are specified in written agreements for the control or prevention of wood-destroying organisms, the licensee shall issue to the property owner or his authorized agent, after each reinspcction or re-treatment, a signed report of each rcinspection or retreatment showing the condition of the property with respect to the presence or absence of wood-destroying organisms. A record of such reinspections and retreatments shall be kept in the file of the licensee. Such reports shall be subject to inspection by the enforcement agency or committee. (d) All agreements for the trocitmont. e* control and or prevention of i .ubtorranijim tormito', e* other wood-destroying orguni j.m organisms in buildings under construction shall be in wnting A copy »f t4*e oxoculod written agroomont fxM^ tuining te •«+4 treat mL' nt(!i) f. hall l**» pre '.ontod t» aft4 fumii'hed ^kt» property owner t»f fe author h^ agent , fof acceptance, and shall clearly set forth and include the following: (1) Date of fmal treatment and period of time covered by the written agreement; (2) Exact location of the treated property; (3) Complete name and address of the prop-erty owner or his authorized agent; (4) Complete name and address of the licensee; (5) License number and phase(s) of the licensee and fuO name of company licensee represents; (6) Signature of bcensec or his authorized agent; (7) The written agreement must clearly indi-cate, by complete not abbreviated com-mon name(s), the wood-destroying organism(s) to be controlled or prevented, and covered under the written agreement; (8) Whether or not reinspections are to be made and if so, approximate time interval between, and renewal fees, if any, for same; (9) Conditions under which retreatments wUl be made; (10) Total price to be charged for treatment ser\'ice; (11) Any licensee or business entity advertis-ing to be bonded shall ad\ise each cus-tomer, in writing, in the proposal, whether or not the contract or written agreement win be covered by a bond of any type; (12) If the performance of the work is guar-anteed by a bond, the obligation of the bond shall set forth specifically such items as necessary retreatments, timber replace-ments, etc., in wording identical to that in the bond itself; (13) Rule .0604(a) of this Section shall also be followed. (e) If the licensee provides preventive treatmcnt(s) for subterranean tennites to a structure(s) for someone such as a builder or construction company who is constructing the buLlding(s) for someone else or with the purpose of offering the building(s) for sale, the licensee may enter into a single master agreement with the builder to provide the preventive treatment(s) for subterranean termites. This single master agree-ment shall include the following: (1) Complete name and address of the builder, or his authorized agent; (2) That information required in RuIog .0605 Subparagraphs (d)(4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) of this Section. Rule. (f) When a structure is treated under an agree-ment with a builder, the licensee shall: (1) Following completion of the treatment, and upon notification by the builder or buyer, issue a written agreement to the initial buyer. The written agreement is-sued to the buyer shall include the fol-lowing; (A) Complete name and address of the buUder, or his authorized agent as it ap-pears on the builder's agreement; (B) That information required in Rule' , . Mf^ Subparagraphs (d)(1), (2), (3), (4), (5), (6), (7), (8), (9), and ( 1 1) of this See-tion. Rule. The buUder shall be issued a copy of any written agreement issued the buyer. (2) Maintain a record of each treatment per-formed on each structure to include the following information: (A) L-.xact location of the stmcture treated; (B) Date each treatment was performed; (C) The portion(s) of the structure treated. Statuton Authority G.S. 106-65.29. SECTION .0900 - DUTIES .\ND RESPONSIBILITIES OF LICENSEE .0902 UN ANCIAL RESPONSIBILITY 6:21 NORTH CAROLINA REGISTER Eebiiiaiy 3, 1992 1577 PROPOSED RULES (a) Structural pest control licensees shall obtain and maintain financial responsibility by general li-ability insurance with operations in progress and completed operations included and minimum limits equal to or greater than the minimum limits outlined in Rule .0W2 Paragraph (b) of this Section. Rule. Any hcensee subcontracting work shall also obtain owner's and contractor s protective insurance. (b) .Minimum limits: (1) Single limit: PropcrtN Damaae $100,000 Each Occurrence Bodilv injur.' " $300,000 Each Occurrence (2) Combined limit: $400,000 Each Occurrence (c) Each applicant for a license in any phase of structural pest control shall show evidence of his fi-nancial abilit\ to properly indemnify persons suffermg from the use or appUcation of pesticides in the form of a Certificate of Insurance, completed by the insurance company with the licensee as the named insured and with the Division named as a certificate holder. (d) 1 he Certificate of Insurance shall clearly set forth the type of coverage, limits of liability, and any exclusions of the policy and shall ha\e attached a copy ef cither ondorvL'inont G4- 04 4-^ »f GG 04- %Q-Bf other LUibL'Oquent 'iV' ^uicidL' ef I iL-rbicidc j\pplioator Coverage" endor'.cmont approved h^ tfe^ North Carolina Department ef Inouranco ' ishich provider fof pollution aH4 contamination coverage, an endorsement which indicates that the policv pro\'ides coverage for any pollution and or contamination occumng as a rc^ult of the use or application of anv pesticide bv the name insured or anv employee of the named insured. (e) The license applicant shall be responsible for the submission of the Certificate of Insurance to the Division as specified in Rule .0002 Paragraphs (c) and (d) of this Section. Rule. No license shall be issued, re-issued, or renewed unless or until said Certificate of Insurance is received by the Di\ision. (f) The insurance policy(s) shall be with companies licensed, or otherwise approved to do business in North Carolina, by the NC Department of Insurance. The insurance policy shall be in full force and effect during the entire period co\ered by the license certificate. The license shall expire at expiration or upon reduction of the policies below minimum requirements or cancellation thereof Such expired hcense shall only be reinstated upon satisfactor*' proof from the hcensee that he has obtained the re-quired fmancial responsibility coverage. (g) ?4i<? licen^'ee rhall &w? at- least 44 days notice , h^ registered mail. t+* the Division a* a condition pre c ede nt ^ Ae cancellation bv t4*t» insurer, matenal change t*f cancellation l*v ti^e msure d: and. tf such condition i^ fte4- satisfied, any CLUicellation t+f attempted cancellation shall be null, ' i oid. aft4 evf we- elfect. 4ft addition. t4+e licensee shall gwe notice te- Ae Division ef afty reduction m- property damage &f bodily injury coverage be lo'iv Ae- minimum limits. The insurance required bv this Rule shall include the fol-lowing cancellation or polic\' modification clause: "Cancellation or anv matenal change m the policy adversely aft'ccting the interest of the State of North Carolina m such insurance shall not be etfecti\e until j^ da\s alter wntlen notification thereof to the North Carolina Structural Pest Control Duision." E\idence of compliance shall be included on anv Certificate ot Insurance. (h) No structural pest control license shall be issued to any person where there exists an outstanding and unpaid fmal judgement against said person resulting from any civil suit arising out ot damages suffered by a plaintiff as the resuU of a misuse of a pesticide by said person. rVny current and valid stmctural pest control license shall become null and void ISO days following the imposition of a fmal judgment awarding damages to any plaintiff resulting from a civil suit arising out ot losses suffered as the result of a pesticide misuse by the holder of said license unless the final judgment is settled in fuU within said ISO days. (i) The Committee may accept other evidence of financial responsibility. (j) Pv.ule .0902 Paragraphs (a) through (i) of this Rule shall not apply to any indi\idual holding an inactive hcense as defined by Rule .0102(29) of this Chapter. Slalutoty Authority G.S. 106-65.3'^. SECTION .1000 - TIME FOR FHTNG licensee or certified applicator for a violation of CO.MPL.VINTS Rule .0503. .11505 or .051)6 ot' tins Chapter after two years from the act or omission that occurred .1001 TIME FOR FILING COMPL.AIN'FS during the initial treatment or after the expuation (ai No disciplinary action agamst a Hcensee. of thtT structural pest control contract, whichever employee &f a lic ensee w ce rtifi ed applicator shall jj ,he kriefr e.xcept O^rt vhA respect to discipli be commenced against a licensee, employee of a f^^p^ action alleang a violation ef GrSr L\S 6:21 yORTH CAROLLYA REGISTER Ecbviiary 5, 1992 PROPOSED RULES 106 65.3Ni(a)( ' 1). tfee action f.hall W commoncod within twe- ycarr. from tb«» di 'icovepi ' hf i\rt% CommittL't' trf tbe allogod facts conotitutLng tiw fraud ef mioropropontation. latter. (b) Fxcept as specified in Paragraph (a) of this Rule, no disciplinary' action shall be commenced against a licensee, employee of a licensee or cer- ISdB-i*^. If a subpoena is issued at the request tificd apphcator after two years from the date of the discoyery of the act or omission that consti-promptly determine whether to grant or deny intervention and shall so notify the petitioner and all parties in wnting. (c) The authority of the Committee to issue or revoke subpoenas m preparation for, or in the conduct of, contested cases is governed by G.S. tutes a \iolation of these Rules or the .Structural Pest Control Act. of a party and not on the Committee's own mo-tion, that partN shall hear the cost of service. Statutory Authority G.S. 106-65.29. SECTION .1200 - ,\DMIMSTR.\TIVE HEARINGS: CONTESTED CASES .1201 NOTICE OF HEARING; ANSWER (a) The contents and manner of ser\'ice of no-tice of heanng in contested case shall be as pre-scribed in C3.S. 15nB-3S(b) and (c). (b) An\ part\ who has been served with notice of hearing may fde a wntten response as pre-scnbcd m G.S. 15(JB-38(d). Statutory Authority G.S. J 06-65.29; 150B-3S. .1202 RIGHT TO HEARING (a) Contested Cases. Disciplinary proceedings to eniorce the provisions of the North Carolina Structural Pest Control Law and 2 NCAC 34 are deemed to be "contested cases" within the meaning of G.S. 15IJB-2. and any person subject to such proceedings shaU be given notice and the opportumt\- to be heard. (b) Summary Suspension. Nothing \sithin Paragraph (a) of this Rule shall abndge the nght of the Committee to summanlv suspend a h^ cense, a certitied applicator's card or a registered technician s identiiication c:ird pnor to heanng pursuant to G.S. 15()B-3(c). Statutory' Authority G.S. 106-65.29; I50B-3S. .1203 LOCATION OF HEARING The location of the hearing in a contested case shall be as prescribed m G.S. 150B-38(e|. Statutory .Authority G.S. 106-65.29; I50B-38. .1204 DISCO\ ERY; IN\ ENTION; SLBPOEN.\S (a) Parties in a contested case may engage in disco\er\' pursuant to the pro\ isions of the Rules of Civil Procedure. G.S. 14-1. (b) 1 he intervention of persons not initiaUv parties to a contested case is go\emed by G.S. 15()B-3S(f). Petitions or motions to intervene must be in wnting. The Committee shall Statutory Authority G.S. 106-65.29; 150B-3S. .1205 CONDI CT OF HEARING (a) Hearings in contested cases shall be con-ducted by a majoritN" of the Committee. The Chairman shall serve as presiding otTicer unless he is absent or disqualified, in which case the Vice-chairman shall preside. 1 learings shall be conducted as prescribed bv G S. 150B-40. (b) Disqualification. An affidavit seeking dis-qualification of any Committee member, if tiled in good faith and in a timeh' manner. wiU be ruled on bv the remaining members of the Committee. An aftida\it is considered tunely if it is tiled: ( 1 ) Pnor to the hearing; or (2) As soon after the commencement of the hearing as the atfiant becomes aware of facts which ,gi\'e rise to his belief that a Committee member should be disquali-fied. (c) I-\idence. The admission of e\idence in a hearing on a contested case shall be as prescribed in G.S. 150B-41. Statutory Authority G.S. 106-65.29; 150D-3S. .1206 DECISION OF BOARD (a) The form and content of the Committee's decision in a contested case shall be prescribed by G.S. 15(~B-42(a). and its decision shall be served upon the parties m a manner consistent with said statute. (b) The official record of the hearing in a con-tested case shall contain those items specitied in G.S. 15()B-42ib). Statutory .Authority G.S. 106-65.29; 150B-3S. TITLE 4 - DKPAR IMENT OF ECONOMIC AND COMML Nil V DE\ ELOP.MENT J\ otice is hereby gi\-en in accordance with G.S. 150B-2I.2 that the .VC Dept. of Economic & Community De\'e/opment, Dtiision of Communitv Assistance intends to amend nde(s) cited as 4 .VC.-IC 19L .0103, .0401. .0403. .0404. .0407, 6:21 NORTH CAROLINA REGISTER February 3, 1992 1579 PROPOSED RULES .0904, .1202. .1301 and to repeal rule(s) cited as 4 NCAC I9L .070 1 -.0702 and .0705. 1 he proposed effective dale of this action is May J, 1992. 1 nstmctions on how to demand a public hearing: Written requests for a Public Hearing must be received by February 17, 1992. Written requests should be sent to Bob Chandler, Director, Division of Community Assistance. 1307 Glenwood Ave-nue, Raleigh. NC 27605. IXeason for Proposed Action: This proposed action is necessary to enable the Division of Com-munity Assistance to facilitate the implementation of the Community Development Block Grant Pro-gram in aid of which the Rules were adopted. \^ omment Procedures: Oral or written com-ments will be accepted until March 3. 1992. Written comments should be sent to Bob Chandler, Director, Division of Community As-sistance, 1307 Glenwood Avenue. Raleigh. \C 27605. Oral comments should be directed to Gail Brock (9/9) 733-2850. CFIAPTER 19 - Dl\ ISION OF COMMLMTY ASSISTANCE SUBCHAPTER I9L - NORTH CAROLINA COMMLNITY DEVELOF'MENT BLOCK GRANT PROGRAM SECTION .0100 - GENERAL PROVISIONS .0103 DEFINITIONS (a) "Act" means Title I of the Housing and Community Development Act of 1974, P. L. 93-383, as amended. (b) "Applicant" means a local government which makes application pursuant to the pro-visions of this Subchapter. (c) "CDBG" means the State-administered Community Development Block Grant Pro-gram. (d) "Chief Elected Official" of a local govern-ment means either the elected mayor of a city or the chairman of a county board of commission-ers. (e) "Community Development Program" means the annual program of projects and activ-ities to be carried out by the appUcant with funds provided under this Subchapter and other re-sources. (f) "HUD" means the U.S. Department of Housing and Urban Development. (g) "Local Government" means any unit of general city or county government in the State. (h) Low-income families are those with a fam-ily income of 50 percent or less of median-family income. Moderate-income families are those with a farruly income greater than 50 percent and less than or equal to 80 percent of median-family income. For purposes of such terms, the area involved and median income shall be determined in the same manner as provided for under the Act. (i) "Low- and Moderate- Income Persons" means members of families whose incomes are within the income limits of low- and moderate-income families as defmed in Paragraph (h) of this Rule. (j) "Metropolitan Area" means a standard metropohtan statistical area, as established by the U.S. Office of .Management and Budget. (k) ".Metropolitan City" means a city as de-fmed by Section 102(a)(4) of the Act. (1) "Department" means the North CaroUna Department of Fconomic and Commuruty De-velopment. (m) "Project" means one or more activities addressing either: (1) community revitaUzation needs, or (2) economic development needs, or (4) do'i olopmijnt planning noods, e* (4) (3) development of aew aft4 innovative approachoo te affordable housing for per-sons of low- and moderate-income, or fS^ (4| urgent needs of the applicant, (n) "Recipient" means a local government that has been awarded a Community Development Block Grant and executed a Grant Agreement with the Department. (o) "Secretary" means the Secretary of De-partment of Economic and Community Devel-opment or his designee, (p) "State" means the State of North Carolina. (q) "Urban County" means a county as defmed by Section 102(a)(6) of the Act. Authority G.S. 143-323; 143B-10: 24 C.F.R. 570. 4S9. SECTION .0400 - DISTRIBUTION OF FLNDS .0401 GENERAL (a) The Department shall designate specific dates for submission of grant appHcations under each category except for Urgent Needs. Urgent Needs applications may be submitted at any time, but other grant application submission dates will be announced by the Department at least 45 days before the date applications are due. 15S0 6:21 AORTH CAROLINA REGISTER February 3, 1992 PROPOSED RULES (b) In cases where the Department makes a procedural error in the application selection process that, when corrected, would result in awarding a score sufficient to warrant a grant award, the Department may compensate that applicant with a grant in the next funding cycle. (c) Applicants can apply for funding under the grant categories of Community RevitalLzation, Economic Development, Dovolopmont Planning, Housing Development, Interim Assistance, Ur-gent Needs, and Community Investment for Economic Opportunity. Applicants shall not apply for Contingency funding. Contingency awards will be made to eligible applicants in Community Revitalization, Economic Develop-ment, and Housing Development a«4 Develop mont Planning categories. Authority G.S. 143-323: I43B-I0; 24 C.F.R. 570.489. .0403 SIZE AND USE OF GRANTS MADE TO RECIPIENTS (a) There is no minimum grant amount which applicants may request or be awarded. Grant awards made to any one recipient shall not ex-ceed the following amount in each grant cate-gory: Community Revitalization - si* hundred thousand dollaro ( S6(in.000); - one million dollars ($1.001), 000): Economic Development - six hun-dred thousand dollars ($600,000); Development Planning - five thouL.and dollars ($5,000); Hous-ing Development - two hundred fifty thousand dollars ($250,000) or funds available; Urgent Needs - Fieson hundred fifty thousand dollaro ($750,000); -_ SIX hundred thousand dollars ($600.000); Interim Assistance - seven hundred fifty thousand dollars ($750,000) for projects designated to be completed within 36 months from the award date, and four million dollars ($4,000,000) for projects designated to be com-pleted within 18 months from the award date; Contingency - six hundred thousand dollars ($600,000); and Community Investment for Economic Opportunity - seventy-five thousand dollars ($75,(300). Applicants shaU not have a project or combination of projects, under active consideration for funding which exceeds se'. en hundred fifty thousand dollars ($750,000) one million three hundred thousand dollars ($1.300.000). except for Interim Assistance and Urgent Needs projects, (b) No local government may receive more than a total of GCi en hundred fifty thousand tk»l-hf% ($750,000) one million three hundred thou-sand dollars ($1.300.000) m CDBG funds in the period that the state distributes its annual HUD allocation of CDBG funds; except that local governments may also receive up to oovon hun dfe4 fifty thousand doUaro ($750,000) six hun-dred thousand dollars ($600,000) for a project that addresses Urgent Needs and up to four million dollars ($4,000,000,) in Interim Assist-ance funds in addition to other grants awarded during the same time period. (c) Community Revitalization applicants may spend no more than 15 percent of their total grant amount to fmance local option activities. Eocal option activities are ehgible activities which do not need to be directly related to proposed projects; however, job creation activities are not eligible local option activities. Local option ac-tivities will not be competitively rated by the Department, but may be limited to activities specified by the Department in application guideUnes and instructions; ho'ivever, each local option project must show that: (1) At least fifty-one percent of the CDBG funds proposed for each activity wiU ben-efit low- and moderate-income persons; and (2) CDBG funds proposed for each activity win address the national objective of ben-efiting low- and moderate-income per-sons, or aid in the prevention or elimination of slums or blight. (d) Except fof Dcolopment Planning projects. Applicants may budget and expend no more than 18 percent of the sum of funds requested and program income for administration and planning activities for each project. The Department may review grant requests to determine the reason-ableness and appropriateness of all proposed ad-ministrative and planning costs. Notwithstanding Rule .0910 of this Subchapter, grantees may not increase their approved plan-ning and administrative budgets without prior Departmental approval. (e) Applicants may spend CDBG funds in those areas in which the applicant has the legal authority to undertake project activities. (f) Grants to specific recipients will be provided in amounts commensurate with the size of the applicant's program. In determining appropriate grant amounts for each applicant, the Depart-ment may consider an applicant's need, proposed activities, aU proposed administrative and plan-ning costs, and abihty to carry out the proposed activities. Authority G.S. 143-323; I43B-I0; 24 C.F.R. 570.4S9. .0404 GR.\NT C.VTEGORY ALLOCATION (a) Each program year funds will be reser\'ed for each grant category'. Eunds awarded to local 6:2 1 NOR TH CAROLINA REGIS TER February 3, 1992 1581 PROPOSED RULES governments will be reserved for each grant cate-gory as follows: Up to five percent of the grant will be awarded for Housing Development aft4 Do'i ulc^pmont Planning grants, ef which a max imum trf i iixty th(m' . .and dollar; ' . (^60,000) mw !*«» a^sarded fof Dci olopmont Plunnmg grant a. In addition, up to five percent will be set aside for Urgent Needs grants and Contingency awards and up to twenty percent will be set aside for Economic Development grants each year. The remaining funds will be distributed by the Divi-sion of Community Assistance to Community Revitalization grant apphcations. (b) Awards will be made for Interim Assistance from funds available in the state's allocation in accordance with Rule . 1 504 of this Subchapter. (c) Up to one milhon dollars ($1,000,000) of funds that are rocapturc recaptured from previous CDBG grants by the state r.huU may be used to make additional grants in the llousmg Develop-ment category. Authority G.S. / 43-323: 143B-I0; 24 C.F.R. 570.489; 24 C.F.R. 570.491. .0407 GENER.M. .VF'PLICATION REQIIKEMENTS (a) Local governments arc required to submit applications in a manner prescribed by the De-partment in order to be considered for funding. Selection of applications for funding wiU be based primarily on information contained in the application; thus applications must contain suffi-cient information for the Department to rate them against the selection criteria. All apphcants are required to address their projects to one of the foUowing grant categories: Community Revitalization, Economic Dc\elopment, Devt' l opmunt Planning, Housing Development, In-terim Assistance, Urgent Needs, or Commumty Investment for Economic Opportunity. Apph-cants may apply in more than one grant category, apply for several projects in the same grant cate-gory, and have more than one project approved, providing the total grant apphcation and award does not exceed the maximum limits described in Paragraphs (a) and (b) of Rule .0403 of this Sec-tion. Applicants shaU submit an application that describes each project in detail. (b) Apphcations must be received by Depart-mental administrative offices in Raleigh before 5:00 p.m. on the submission date or sent by mail and postmarked on the submission date. (c) Applicants must provide citizens with ade-quate opportunity for meaningful involvement in the development of Community Development Block Grant applications. The applicant shall provide adequate information to citizens and hold a pubhc hearing at the initial stage of the plarming process. Pnor to the submission of the application the apphcant must hold a second public hearing. Specific citizen participation guidelines are described further in Rule .1002 of this Subchapter. If the Department is aware of an apphcants failure to meet these citizen par-ticipation requirements, the Department may not rate the apphcation. (d) The Department may submit all CDBG applications and environmental review records as required by the National Environmental Pol-icy Act and the State Environmental Policy Act to the State Clearinghouse of the Department of Administration for review and comments. The Department may require each applicant to sub-mit a written description of how the apphcant proposes to address each comment received from the State Clearinghouse. (e) The apphcant shall certify to the Depart-ment that it will comply with all apphcable fed-eral and state laws, regulations, rules and Executive Orders. Copies of these federal and state requirements are available for public in-spection from the Division of Community As-sistance. (f) Apphcants must comply with the Housing and Community Development Act of 1974 as amended, all applicable federal and state laws, regulations, rules. Executive Orders and guide-lines issued by the Department. (g) Apphcation requirements described in this Rule .0407 do not apply to Urgent Needs grants, except for Paragraphs (a), (d). (f) and (g). (h) Apphcations submitted for Economic De-velopment projects under Section .1400 of this Subchapter may be rated or funded for up to 90 days from the date of original submission. In addition, for applications that met the require-ments of .0407(c) and .1002 of this Subchapter at the time of original apphcation submission and in which the original project has not been changed significantly, there shall be no additional pubhc hearing requirements during the 90 days. The Department shaU detcrmme whether signif-icant changes have been made in a proposed project. (i) Apphcations for CDBG assistance under the Economic Development category must be sub-mitted with adec^uate e\idence that both public hearings were held in accordance with Rule .1002(b) of this Subchapter. Authority G.S. 143-323: 143B-I0: 42 L'.S.C.A. 5304(a); 24 C.F.R. 570.489. SECTION .0700 - DEVELOPMENT PLANNING PROJECTS 1582 6:21 iXORTH CAROLINA REGISTER February 3, 1992 PROPOSED RULES .0701 DEFINITION DL"i L'lopmL'nt Planning grunts are provided te ariL . i -jt le«ti govommL'nt'j te dovt'lop appropriato Planning grants ohall tn* w«»4 ©ftiy te support those udminiotrativo aH4 planning acti'iitioo tfeat-witt rL' sult ift projocls that afe oligiblo fof CPDG funding ift tl*e futurL* . Authoritv G.S. 143-323; I43B-I0; 42 U.S.C.A. 5301: 24 C.F.R. 570.489. .0702 ELIGIBILITY REQLIREMENTS f*^ Applications fof DuvoloprriL'nt Planning funds must show Aa4 a project dovolopod aft4 fundod i» tfet» futuro as a rosult ©fa Dovolopmont Planning grant v4H- pnmarily bL'OL' fit low aft4 modoratL' income persons. Applicants that- de fiet- mijut tfe requirement vriii m»t- t*e rated »* funded. ffe4 i\ppLicants shall have tth* capacity te- a4- minister a Community Do'i elopment Block Grant program. 4-he Department may oxamino tl*e folloviiing areas *« detennine performance : f4-^ audit aft4 monitonng rindings ©«• pre'. i ously funded Community Devolopmont Block Grant programs, aftd Ae appU ccmt's fiscal accountability a* demon strated m other state e* federal programs »f local govemment financial reports; aft4 (4f th<» fa4<* ©f expenditure ef funds aft4 a<5- compHshments m previously funded Community Development Block Grant programs. Applicants (4»t- sho'.v a k«?k- »f capacity wiii ftet- K* rat ed ©f funded. fef Appliccmts must certify t© tfee Department Aat development planning funds received witt result m a future CDBG application submitted vii ithin ^ months ©f t4te dati* ©f t^ development planning a ' sard. I pon completion ©f a devel opment planning proj ect, the Department may detemiine Aat- a resulting CDRG application i« »©<• feasible ©f appropriate. !« such case , tfee Department may waise tke rec]uireinent fof a» application » t4*e fift4 sentence ©f tte Section. Authority G.S. 143-323: I43B-I0: 42 U.S.C.A. 5301: 24 C.F.R. 570.4S9. .0705 SELECTION CRITERI.V Development Planning proj ects vwii W evalu ated against other Development Planning project proposals. jVpplications wtli be evaluated aft4 rated based ©«• the proj ect design. Three meas «fes wtH- l*e considered m evaluating project de- &igft fof a maximum score ©f 44>ft- (44 local commitment aft4 capacity; (-3) development feasibility; aft4 f^ degree t© which the project treats oovoro oommunity development noedo that have ft©t previously been addressed. Authority G.S. 143-323: 143B-10; 42 L.S.C.A. 5304(a)(1): 24 C.F.R. 570.489. SECTION .0900 - GRANT ADMIMSTR.ATION .0904 ESCROW ACCOUNTS Recipients may draw down CDBG funds and deposit them into an escrow account for private property rehabditation in order to encourage the participation of small and minority owned con-tracting frrms. Recipients shall meet the re-quirements of HUD implementing regulations contained in 24 C' . F . R . 570. Escrow accounts may he established when direct giants ©f loans aw made t© owners ©f pnvale property fof the purpose ©f property rehabdrtation. Cash with drawals fof thk purpose must he made under the foUo'ivmg terms; (4-) 44*e recipient must execute a writt en grant ©f loan agreement with the owner e4 the privat e property scheduled fof rehabilitation. f34 Recipients shall comply with Chapt er t^^rV ©f the General Statutes ©f North Carolina, entitled Tmsts aft4 Trustees. Under this Chapter recipients afer among other things, expreosly prolubited from maldng loans from aft escrow ticcount t© another account. f^ 44»e timing aft4 amount ©f a drawdown fof deposit iftto aft escrow account w4th respect t© aftv foaft ©f grant shall he subject t© the following lunitations; (a) Cash disbursements fo aa oscrovv account must meet the timine requirements set forth ift Paragraph fa^'©f R^^ 4W^ (h) 44*e deposit shall ft©t he made unless a construction contract has been executed hf the contractor selected t© 4© the reha bUitation work, affo ah work aft4 dis-bursements m payment ©f the contract afe scheduled t© he completed within 4^ months ©f less from the date e4 the de-posit. (e^ ¥he depos. it shall ft©t he made if it would result ift a» amount m the escrow account ift excess ©f disbursement needs fof Hf* t© & months from the date ©f the depo '. it. (4f 44ie drawdown ©f CDBG funds fof 4e-posit iftt© aft escrow account shall ft©t exceed the CDBG funded portion ©f the construction costs ift the rehubililiition contract, af^ shall ft©t mclude amounts fof contingencies ©f administration. 6:21 NORTH CAROLINA REGISTER Febmmy 3, 1992 I5S3 PROPOSED RULES (+)• Such L'ooro'iV accountr. may afce includo c.upplL'mL' ntul fundr. noodud to complotg the rohubilitution work 'juoh a* commitiriL'nts from a- rL'L'ouni;'.od lending in iititution, e* » grunt »f lomi from other t^edoral, Stuto. »f local rohubilitation progrumfi »^ vveli ae cu'ih providL'd l*y y*# borrower. 44*e escrow ae-count -. hall fe>e ^'Oparatij aft4 diotinct from aH-other account'j maintained hf A# block grant recipient, aft4 be fof tfee 5*4* purpose &i depo '.iting rehabilitation loan ef grant funds pk» afty such supplemental funds. (-H I' ' - 'Crow accounts may be established »» aft individual ef master account basis. A mao tef account shall provide fof adequate ae-counting t4 each owner's equity. (4) Interest income &fl- tl»e deposit ' ivhich i» Het t© be applied te- payment trf tfee contractor ef credited to the borrower ef a rehabili tut ion loan under the tenns ef the le*» e* grant agreement v^th the prope rty o'lvner, shall be treated a^ program income ef^ the block grant recipient. Authoritv G.S. 143-323: 143B-I0; 159-7 through 159-38; 24 C.F.R. 570.494; 24 C.F.R. 570.496; 42 U.S.C.A.5304fb).(dJ.(e). SECTION .1200 - COMINGENCV PROJECTS .1202 ELIGIBII ITV REQL IREMENTS Applicants must meet the respective eligibility requirements (described in either Rule .0502, .mO^ JmOr .1302, or .1402) that relate to the type of project proposed by the applicant. Authoritv G. S. 143-323: I43B-I0; 24 C.F.R. 570.489; 24 C.F.R. 570.496. SECTION .1300 HOLSING DE\ELOPMENT PROJECTS .1301 DEFfNITION Grants under this category' will demonstrate Hew- aft4 innovati'i O approaches te- housing problems &f de\'elop affordable housing oppor-tunities for low- and moderate-income persons. Authoritv G.S. 570.489. TITLE 10 143-323; 143B-I0; 24 C.F.R. DEPARTMENT OF HLM.W RESOURCES lyotice is hcrebv given in accordance with G.S. I50B-2I.2 that^' the Social Sen-ices Commission Division of Facilitv Services intends to amend rule(sj cited as 10 .\CAC 3J .2801, .3401, .3403, .34/6 and .34/8; /O NCAC 4/1 .0304, .0408, and .04/0; adopt rule(s) cited as 10 NCAC 4/1 .04/1; repeal nde(s) cited as /O NCAC 3J .3405. 1 he proposed effective date of this action is June /, /992. 1 he public hearing will be conducted at /0:00 a.m. on S/arch 4, /992 at the Disability Determi-nation Building. Room / , 322 Chapanoke Road, Raleigh. NC. ' JXeason for Proposed .Action: Rules in J^ NCAC 3J .2801, .340 1 , .3403, .3405, .34 1 6 and .34 1 8 - To repeal an unnecessary rule and amend others to reflect changes presented to the Jail Standards Task Force. Rule J_0 NCAC 411 .0304 - The amendment to this rule removes a restriction on the sharing of infor-mation when law enforcement agencies cooperate with departments of social services in the conduct of child protective sen'ices investigations. The amendment to the nde makes it consistent with current legislation. Rules J^ NCAC 411 .0408. .0410 and .0411 - These rules are being proposed Jor amendment and adoption to strengthen t/ie initiati\-e regarding community child protection teams mandated by Executive Order n/42. The tides clarify expec-tations for record keeping and confidentiality which have been identified as problematic since the formation of the teams. T/ie nde on minutes sets forth the requirement that teams comply with G.S. /32-/-9, Open .\/eetings. Ccommeni Procedures: Comments may be pre-sented in writing any time before or at the public hearing or orally at the hearing. Time limits for oral remarks may be imposed by the Commission Chairman. Any person may request copies of this nde by calling or writing to Donna Creech. Divi-sion of Social Senices. 325 A . Salisbury Street, Raleigh. \C 2''6//. 9/9.733-3055. Fiscal \ote: Rules /O \CAC 3J .280/. .340/. .3403, .3405, .34/6 and .34/8 affect the expendi-tures or revenues of localfunds. .4 fiscal note was submitted to the Fiscal Research Division on Jan-uary 8. /992, OSB.M on January 8. /992. .V.C. League of Mimicipalities on January' 8. /992. and N.C. .Association of Countv Commissioners on Januaty 8. /992. C11.\PTER 3 - FACILITV SER\ ICES 1584 6:21 NORTH CAROLINA REGISTER February 3, 1992 PROPOSED RULES SL BCHAPTER 3J - THE OPERATION OF LOCAL CONFINEMENT FACILITIES SECTION .2800 - SUPERVISION .2801 SUPERVISION (a) Officers shall make supen'ision rounds and directly observe each inmate in person at least twice per hour on an irregular basis. The super-vision rounds shall be documented. If remote electronic monitoring is used to supplement supervision, it shall not be substituted for super-vision rounds and direct visual observation. (b) Officers shall maintain voice »f vioual con taet- with ail inmateo at aW timos, aft4 it shall be through either direct oboepi ation »f by- means ei electronic nuneiilanco. In addition to the super-vision rounds required in Paragraphs (a) and (c) of this Rule, each jail shall utilize one or both of the following methods of supervision: (1) Direct or remote two-way voice commu-nication with all confinement units. (2) Visual contact either through direct ob-ser\' ation or bv means of electronic sur-veillance with all confinement units. (c) There shall be more frequent observation of inmates who are assaultive, suicidal, intoxicated, mentally iU or who have other spe-cial needs or problems. (d) Officers shall remain awake at all times. (e) Officers shall not be assigned other duties that would interfere with the continuous super-vision, custody or control of inmates. (f) Female officers shall be on duty when fe-male inmates are confmed. (g) The sheriff or the administrator of the re-gional jail shall develop a contingency plan for the supervision and control of inmates during an emergency, and that plan shall provide for the ready availability of extra personnel. (h) Inmates shall not be allowed to supervise or assume any control over other inmates. Statutory Authority G.S. I53A-22I. SECTION ..3400 - STANDARDS FOR NEW JAIL DESIGN AND CONSTRUCTION .3401 APPLICABILITY - CONSTRUCTION (a) North Carolina State Building Code - Jails must meet the requirements of the North Carolina State Building Code in elTect at the time of construction, additions, alterations or repairs. (b) New Jails - The construction standards es-tabhshed in Section .3400 shall apply to all jail construction for which the final working drawings have been approved by the Branch alter the effective date of this Rule. The operational standards in Sections .2300 through .3200 of this Subchapter will affect design options and shall be reviewed prior to submittal of working drawings. (c) Existing Jails - Existing jails shall continue to be governed by the existing construction standards which are now in Section .3700 and the same standards shall apply to new jails which have had fmal working drawings approved by the Branch prior to the effective date of this Rule. Existing jails or new jails which have had final working drawings approved by the Branch prior to the effective date of this Rule may choose to comply with any of the new construction stand-ards in Section .3400 as a substitute for existing standards on the same subject in Section .3700. (d) Additions - The construction standards es-tablished in Section .3400 shall apply to any construction that adds square footage to the building and for which the fmal working drawings are approved after the effective date of this Rule. (e) Alterations or Repairs - WTien alterations or repairs are made to an existing jail building which affect its structural strength, exits, fire hazards, electrical systems, mechanical systems, or sanitary conditions, such alterations or repairs shall comply with the standards for new con-struction established in Section .3400. Unaltered portions of the building shall be required to comply with the new construction standards in-dicated in Section .3400 only under the circum-stances specified in Paragraphs (f)-(h) of this Rule. (f) Extensive Armual Alterations or Repairs - If within any 12 month period, alterations or repairs costing in excess of 50 percent of the then physical value of the building are made to an ex-isting jaU, the entire jail shall conform to the construction standards for new jails established in Section .3400. (g) Reconstruction After Damage - If an exist-ing jail is damaged by fire or otherwise in excess of 50 percent of the then physical value of the building at the time of damage, the jail shall be reconstructed in conformance with the con-struction standards for new jails estabhshed in Section .3400. (h) Physical Value - For the purpose of this Rule, the physical value of the jail building shall be determined by the local building inspection department. Statutory Authority G.S. I53A-22I. .3403 COMPLIANCE REVIEW AND APPROVAL 6:21 NORTH CAROLINA REGISTER February 3, 1992 I5S5 PROPOSED RULES (a) The governing body shall submit copies of the following to the Branch before it begins con-struction of a new jail and before it makes addi-tions or alterations to an existing jail as defined by the North Carolina State BuUding Code: (1) three sets of schematic drawings and out-line specifications; (2) three sets of preliminary working drawings or design de\'elopment drawings and out-line specifications; and (3) three sets of completed final working drawings and specifications. (b) Upon receipt of the drawings and specifi-cations at each stage, the Branch shall send one set each to the following for their review and ap-proval: the Department of Insurance to insure compliance with the North Carolina State Building Code, and the Division of ['nviron-mental Health in the Department of Environ-ment, Health, and Natural Resources to insure compliance with the rules governing sanitation as codified in W N.C.A.C. ^-WAt Soction Mm 1 5A NCAC ISA. Section . 1 50(1 and which are hereby adopted incorporated b\' reference purou iiftt- te- G.S. 15(IB M(c). including subsequent amendments and editions of the referenced ma-terials^ A copy of this matenal can be obtained free of charge from the State Division of He:dth Ser\ices. 1 nxironmental Health Section, Post Olfice Box 27687. Raleigh, North C:aroIma 27(^1 1-7^S7. The Branch shall keep one set for Its own review and approval to insure compliance with the minimum standards for the operation and construction of jails as contained in this Subchapter. Review and comment on the drawings and specii"ications at each stage shall be made no later than 30 days after their receipt by the Branch. Staluton Authority G.S. 153.4-22/. .3405 CENTR.\L CONTROL ST.\TION te jail* AtK- ha>o <* central control station . Ae station fi hull: f44 t>e fi tratogically locatod a«4 equipped t€^ regulate aft«i monitor tfee niosenient ef tn-mutei f ttftti o nicerLi: ^ have a cocurity ver.tibule a*- it^ entrance: (44 have direct two ' ' .dy voice communication with aH- confuienu' iit unito: (rh ha'i e direct tvso ' .say voice communication ' vilh all- (^Ificei '' a* needed k+ mmnlain 'Uifety aft4 security; (^ ^ equipped v4tfe a release mechanism i» open aH- confinement HHrt dooTLi ift aft emergenc;. : (4^ have a toilet aft4 sink. Statutory .Authority G.S. I53A-22I. .3416 SAFETY EQUIPMENT In each jail the safety equipment, including in-tercoms, fire extinguishers, smoke detectors, and sprinkler heads, shall be tamper-resistant if nec-essar}" for security. Two-way voice communi-cations shall complv with Rule .2801 of this Subchapter. Statutory Authority G.S. I53A-22I . .3418 PLUMBING SYSTEMS (a) Each jail shall have a plumbing system that complies with the Commission for Health Ser-vices ft«k» 44 N.C.A.C. WA Rules 1 5A NCAC 18A, Section . 1 500 and the North Carolina State Plumbing Code, both of which are hereby adopted incorporated by reference pursuant te G.S. 1 5( I B 1 l(cj. including subsequent amend-ments and editions of the referenced matenals. A copy of J2A NCAC 18.\. Section 1500 can be obtained free of charge from the state Division of Health Services. I-n\ ironmental Health Sec-tion. Post Office Box 27687. Raleitih, North ^ Carolina 27611-7687. A copy of the North Carolina State Plumbmg Code (\'olume H of the North Carolina State Building Code) can be ob-tamed for twent\" dollars (t20.(IO) from the North Carolma Department of Insurance. Post Office Box 26387. Raleigh. North Carolina 27611. (b) Each jeul shall have a hot water supply for lavatories and showers designed to meet the usual needs of the number of inmates confmed in the jail. (c) The master control valves for the plumbing system shall be located outside the confinement units and shall be accessible to officers during an emergency. Statutory Authority G.S. IS3A-22I. CH.APTER 41 - CHILDREN'S SERMCES SUBCH.APTER 411 - PROTECTS E SERVICES SECTION .0300 - CHILD PROTECTH E SERMCES: GENER.\L .0304 RECEIMNG INFO: INITIATING PROMPT IN \ESTIGA LIONS OF REPORIS (a) The county director shall receive and initi-ate an investigation on all reports of suspected child abuse or neglect, including anonymous re-ports. (b) The county director shall make a dihgent effort to obtain the foOowing infonnation from the person making the report: 15S6 6:21 NORTH CAROLINA REGISTER February 3, 1992 PROPOSED RULES (1) the name and address of the parent, guardian or caretaker and the name of the alleged perpetrator; (2) the name and actual or approximate age of the child; (3) the nature and extent of the alleged neglect or abuse; (4) the present whereabouts of the child if not at the home address; (5) other information that the reporter has which might be helpful in establishing the need for protective services; (6) the name and address of the individual making the report. (c) When a county director receives a report on suspected abuse and decides that a law enforcement agency should be notified, the county director shall provide the law enforcement agency with the information obtained from the person making the report as outlined in (b) of this Rule, oxoopt the namo aft4 addrooo &f tb# individual malcing tke raport. (d) The county director shall promptly initiate an investigation of suspected abuse or neglect and in all cases shall initiate an investigation of sus-pected abuse within 24 hours after receiving a report and shall initiate an investigation of sus-pected neglect within 72 hours after receiving a report. (e) The investigation shall include a visit with the child and to the place where the child resides. (f) When abuse or neglect is alleged to have occurred in an institution, in addition to obtain-ing information as described in (b) of this Rule, the county director shall initiate the investigation by contacting the individual who is administra-tively responsible for on-site operation of the in-stitution and solicit the cooperation of the administration of the institution. (g) The county director must have an internal two level review, including at a minimum the worker and the worker's supervisor, prior to making a decision that information received does not constitute a report of abuse or neglect. (h) The county director must establish a proc-ess by which the person providing this informa-tion may obtain a review of the agency's decision not to accept the information as a report of abuse or neglect. The process shall include; (1) informing the person providing the infor-mation that the agency will not conduct an investigation, the basis for that deci-sion, and their right to and the procedures for obtaining such a review; and (2) designating the persons by whom and the manner in which such reviews will be conducted. Statutory Authority G.S. 7A-543; 7A-544; 1438- 153. SECTION .0400 - COMMLMTY CHILD PROTECTION TEAMS .0408 RECORDS (e) Ne community child prot ection t eam mombor wiH retain ef maintain any rooordo f^f-taining \» indisidual chonto. (^ (a) The county director shall maintain lists of participants for each team meeting and confidentiality statements signed by the team members and any invited participants. Such re-cords win be maintained according to the stand-ard administrative record retention schedule. {^ (b) Cases receiving child protective services at the time of review shall have an entry in the child's protective services record to indicate that the case was reviewed by the team. Additional entry in the record shall be at the discretion of the Director of Social Services. Statutory Authoritv G.S. 7A-544; 7A-675; 132-1; 132-3; I43B-153. .0410 CONFIDENTIALITY (a) The county director is authorized to share with the community child protection team any information available to him that is needed by the team in the execution of their duties as de-fmed by Rule .0402 of this Section. (b) Each team member and invited participant shall sign a statement indicating their under-standing of and adherence to confidentiality re-quirements including the possible civil or criminal consequences of any breach of confidentiahty. Rules regarding confidentiahty shall apply to any personal tiles that are created or maintained by any team member or invited participant. This does not preclude any agency representative from sharmg with his agency, on a need to know basis, information acquired at a community child protection team meeting re-garding a current client or referred case. (c) .Members of the team who have access to client information and fail to comply with the mles in this Section shall be denied access to confidential information and subject to dismissal from the team. (d) Any invited participant who is given access to client information during the team review and fails to comply with the rules in this Section shall be denied future participation in team reviews. (e) The county director shall not share any in-formation which discloses the identity of indi-viduals who have reported suspected abuse or 6:21 NORTH CAROLINA REGISTER February 3, 1992 15S7 PROPOSED RULES neglect to the county department of social ser-vices. Statutory Authority G.S. 7A- 544; 7A-675; IOSA-80; I43B-I53. .0411 MINLTES (a) I-\er\' community child protection team shall keep minutes of all official meetings, ex-cluding e\ecuti\'e sessions, in compliance with the open meetini^s law. These minutes shall be permanent public records and shall be main-tained according to the standard administrative record retention schedule. (b) Infonnation regarding indi\idual clients shall be discussed in e.\ecuti\c session. Any minutes generated from any exccuti\e session shall be sealed from public inspection. Statutory Authority G.S. 132-1: 132-3; 132-6; 132-9; 143-31S.9-I2. •k'k'k'k'k'k-k'k'k'k'k'k'k'k'k-k-k-k Nootice is hereby gi\'en in accordance with G.S. I50B-2I.2 that the Medical Care Commission (Division of Facilitv Services) intends to adopt rules cited as 10 \CAC 3L .0901 - .0907, .1001 - .1007, ,1101 - .1111, .1201 - .1202. .1301 - .1303. J40 J - .1402 and repeal ndes cited as 10 SCAC 3L .0111 - .0116, .0205 - .0210, .0305 - .0314, ,04/8 - .0421, .0504 - .0506. .0604 - .0605. 1 he proposed effective date of this action is July I, 1992. 1 he public hearing will be conducted at 9:30 a.m. on March 13, 1992 at the Council Building, Room 201, 701 Barbour Drive. Raleigh, ,VC 27603. Rereason for Proposed Action: To adopt ndes for licensure of home care agencies to become effec-ti\- e July I, 1992 pursuant to House Bill 168. Repeal of the Home Health rules is necessary be-cause new home care licensure ndes will cover home health agencies (refer to House Bill 168). comment Procedures: Written comments should be submitted to Jackie Sheppard, 701 Barbour Drive. Raleigh, \orlh Carolina 2^603 by .March 12, 1992. Oral comments may be given at (he hearing. CH.APTER 3 - F.\CII.ITV SERVICES SUBCHAPTER 3L - THE LICENSING OF HOME C.\RE AGENCIES SECTION .0100 - GENERAL .0111 DEFINITIONS Ti» following dofinilionfi wtU apply throughout tfei* Subchaptor: f44 "i\goncy director" moano t4*e poroon hav tftg adminir.tratiii (? rij '.pon'. ibility fof A^ ©p-oration (>f Ae home health agency. f^ "Care plan' moanfj t4*e propociod muthod developed i» writing t*y vrhich tbe agency staff piano to pro'.'ide patient ease cenice s. (4^ "Dopartmont" means tlw North Carolina Dopartmont frf Human Rooourcoo. f4) "Governing body" moans the poroon ef group &f poroou 'f ha'i ing foil legal authority afi4 ownor^.hip rer.pon' - . ibility fe* the opera tieft »f the home health agency. (4^ "Homo hoalth aide" moanCf aft individual whe rende rs as' . .islanco tt* patients fof pef-sonal 6afeafi4 other duties a* spocifiod fo t4*e f6) "Licensed practical nurse" means a person duly licensed a« such . holding a curront fo cense a* required by North Carolina statute. f?) "Occupational therapist" means a person duly licensed as such, holding a curront li-cense as required h\- North Carolina statute. fSi "Physical therapist" means a person 4«l¥ licensed a* such, holding a current license as required by North Carolina statute. fl| "Physician" means a person licensed as such, holding a current license as required for North Corohna statut e . f+O^ "Plan »f treatment" means the written orders »f a pliysicicui fof the home eafe »f the physician's patient developed fo consul tation with agency staff fl4^ "Public agency" means aftv go'i emmental Hfttt including fo+t wM- limited te^ the federal go'i omment. the state, aftv subdivisions »f the state, counties, »f municipalities. f4-3^ "Registered nurse" means a person 4t4y hcensed as such, holding a current license as required for North Carolina statut e . f444 "Social worker" means a person Vi ith a masters degree from a school ef social work approved for the Council »» Social \\'ork F ducat ion who '» eligible fof certification hy the North Carolina Certification Board fof Social Work as a Ceilified Master Social Worker. f+4) "Speech pathologist" means a person >fofo hcensed as such, holding a current license as required l*y North Carolina statut e . ffo) "Speech therap> " means prolessional vices provided for a speech pathologist. 15SS 6:21 NORTH CAROLINA REGISTER Eebiuary 3, 1992 PROPOSED RULES Statutoty Authority G.S. I3IE-I36(2): 13IE-I40. liconso. ment at afty timo as a condition ef holding ouch .0112 LICENSE Homo health agoncion nhall be liocnnod j» as-cordance with G.S. HIP 138. Public aaencioo aft4 county aft4 district hualth dt'partmantf' shall b# exempt from liconriuro aft4 liccnr.uro ruleri i» accordance with th« provioiona ©f G.S. 13 IE 136(3). Statutoty Authority G.S. I3IE-I40. .0113 APPLICATION FOR AND ISSLANCE OF LICENSE fa) Aft application fef th» operation »f a homo health aoency shall t»e ubmittod t© the depart ment prior to a license being issued. fl*| ¥he application shall include: f4^ tjhe name aft4 address &f each person hav iftg aft ownership intere st (directly m- m-directly) ef ^ percent ©f more ef the homo health agency; (-3^ tfee name afi4 address &f each oflicor aft4 director ©f tfee corporation if the homo health agency is organju^od as a corpo ration; aftd (4^ tfa» name aft4 address ef each partner ^ the home health agency i* organLwd as a partnership. fe^ rve- nevf applicant shall be issued a license untU representati'i es »t the department have conducted aft inspection »f the home health agency fof determination »f compliance with the rules contained ift this Subchapter. V *-* / 1 IIV.' UT-'J.^il 1 1 1H.TH JliLllI l"i;'LIC CT HV^Tl 1 ST^ ITT ^TtT.^1 home health agency annually. Fach license shall e.xpire at- midnight »» the e xpiration date »» the hcense afi4 is renewable upon application. (e) The licenoo shall he posted i» a prominent location accessible te- pubho view within the premises. (4^ The license shall he issued fof the premises afi4 persons named i» the application aft4 shall ftet he transferable. AW names »pi4 street a4- dresses under which the agency operates shall appear ©ft the license. k^ Prior t© change ©f ovs'nership ©f the estub lishment ©f a Hew home health auenc. . aU certif icate ©f need requirements must he satisfied. Statutory Authority G.S. I31E-140. .0114 INSPECTIONS (a^ Aftv home health agency licensed hv the department shall he subject t© proper inspections hy aft authorized representative ©f the depart fh^ I'Vny organbiation subjoct t© licensure which presents itsotf te tfee public as a home health agency, which doos set hold a lioonso, aft4 is ©f fftay he ift violation ©f -W NCAC ^ .0112 aft4 Gt^ 131E 138 shall he subjoct te proper ift-spections at afty time by authori^^ed repreoen tativoo ©f the department. («) Afty authorized repre sentative ©f the de-partmont shall make his identity known t© the porson ift charge prior t© inspection. (4) Inspection ©f medical records shall be &af- He4 ©Ht ift accordance with G.S. 131E Ml(b). fe^ Aft inspection shall be considered proper wheno'i or the purpose ©f the inspection is t© de-termine whether the agency complies w4th the provisions ©f this Subchapter ©f ' vhonever there is reason t© believe that some condition e xists which is ft©t ift accord with accepted pubhc health standards aft4 practices. Statutory Authority G.S. 131 E- 140. .0115 COMPLIANCE WITH LAWS fa} The home health agency shall he » com pliunco with aU applicable state aR4 local laws, rules aft4 regulations. (b) Staff ©t tbe home health agency shall be currently licensed ©f registered ift accordance wtth applicable laws ©f the State ©f North Carolina. Statutory Authority G.S. I3IE-I40. .0116 ADVERSE ACTION The department may deny, suspend, rovoko, recall e* amend a license ift accordance with (j.S. 13 Hi 139 fe* aftv home health awncv which sts-nificantly foWs t© comply Vi ith tbe rules contained ift this Subchapter ©f Vi hich fails t© implement aft approved plan ©f correction fef deficiencies cited by the department. A home health agency H»y appeal »Pi^ adverse decision made by the department concerning its license by making such appeal ift accordance Vrith the Administrative Procedure Act, G.S. 150i\ aft4 departmental F©les 4^ NCAC 44» Sim et se^ As provided f©f ift G.S. 1311' 112, the department ma;i' seek-injunctive relief t© prevent a privat e agency from establisliing ©f operating a home health agency without a license. Statutory' Authority G.S. 131E-140. SECTION .0200 - ADMINISTRATION .0205 AGENCY MANAGEMENT AND SLPERMSION 6:21 NORTH CAROLINA REGISTER February 3, 1992 I5S9 PROPOSED RULES f*+ -fhe go'i oming body ohall gstabliuh ^vritten policiL' G go>L'ming aH af.pcctij ef agoncy opora lion. iSuch policioo ahall fe»e asaUablo fof is-opoction by the dupartmont. (4*^ 4-^h» home ht' iilth agency 4K4i do'.ignato aft individiiul to i.ent' a« agL'ncy director. -fh^ agoncy director shall have tfee authority aft4 bs-r. ponf' ibility fof adminictrati'i' L' dirL'ction trf 4» homo hoalth agoncy. (-e+ 4-ht» homo hoalth agones •. hall d e'.ignato a: physician tvf rogir.torod nurriO to 'lupoPi i 'jO profoo oional actisitioo » pros'lduig homo hoalth oonicos ift accordanoo Vi ith Ae orde rs trf ti*e phyr.ician re-.pon^' ible f»f e«ft» »f Ae pationt aftd under a plan e4' troatmont e;.tablif.hod by such physician. (4| 1 hero shall be writton documentation ttet-spociilos tb© rosponsibilitios aft4 authonty ef tbe agency director aft4 professional supersi 'i or. fe-^ tf eith e r fvf t4+e positions (4 agoncy director »f prolossional supeniaor hocomes s'acant. At* department sliaU bt^ notified ssithin ^ hours » wnting f»f such vacancy along with tbe name &f t4+e roplacomont. tf a'i 'ailablo. fft- -t4*e agoncy director a«4 professional super s isor may be tbe same indi'i idual. fg-^ Xt4 homo health agency shall delegate k« admmistrativo a«4 supoPi isopi ' functions to as-othor agonc> 64^ organisation. fb| 4-bt» homo health agency shall ha>o ^vritten policioo vi' Kich identify tbe specific geographic area ift which tbe agoncy provides sen. ices. Whore iipplicablo. these geographic afe« policies shall be con^ustent ' .vith tbe certificate e+" need Fe-stnctions »» geographic area. Statutory Authority G.S. J31E-/40. .0206 FINANCIAL AND STATISTICAL RKCOKDS (a) Tbe home health agency sbali e stablish, maintain aft4 make available fof inspection Fe-cords t4 operating costs, amtual budgets aftd *i-tistical records. (4h -fte records shaU include at- a minimum: hours i is-orkod by a«4 salapi ' paid to agoncv efti-ployoes: pationt census info nnat ion including numbers (-4' referrals, admissions, discharges, pa-tient diagnoses aft4 other stati 'i ticcd tiatrt as pe-quired fof Ae operation »f tbe agoncy ef by tbe department. f«H Records shall be retained fr>f a period ef Bet-le^^ than frve ye ars. (4+ When a home health agoncy operates a^ a part ei' a health eafe lacility hcensed under Article ^ (4f ^ rf Gt^ l.^lb, tbe agency -^bwU niaintiiin records t4 activities afi4 o.yponditures tbat- afe separate aft4 identifiiiblo. Statutory Authority G.S. I3IE-I40. .0207 PERSONNEL («+ Written policies sbali be established aft4 implemented which control tbe exposure ef tbe patient aft4 omployoos to porsono Vritfe communicablo diseasos. Employoe health es-aminations shall include tuberculosis screening upon employment aft4 annually thereafter througliout tbetf penod ei emplo'i mont. (b) Written policioo sbaii be established afi4 implemented which include orientation aft4 ifi-sersico education. Records eft tbe subjoot ef m-sonice education m^ attendance shaU be maintained by tbe agency aft4 rotained fef at- least Bfte year. (-e-)- J+*b descriptions fe* osopi' position shaU be established m- wnting sshich include qualifica tions aft4 speoifio re sponsibilities. Individuals shall be assigned only to duties fof which tbey afe trained rtft4 competent to periorm afttb when applicable. tt+F sshich thoy afe properly hcensed. f44 I'orsonnol records shall be established afi4 maintained fo+ oach employee which mclude ed-ucation: tniining: previous e .\penence: venfica to»ft ef liconso. when applicable: other qualifications: annual performance o'. aluationo; a«4 evidence oi hoalth screening. Statutory .Authority G.S. 1 31 E- 140. .0208 ADMSOR^ GROLP OK PROFESSIONAL PERSONNEL fa^ Aft advisory group t*f professional person ftei including at- least efte phv' sician aft4 efte feg-ist ered nurse aft4 appropnato ropresontati'. ea from other professional disciplines shall: (4-f review afi4 evaluate annually agoncy poll eie* governing tfee scope ef senicos e^ ferod. admission aftd- discharge policioo, medical supervision aft4 plan ef treat mont. emergency care, clinical records, personnel quahficationo aft4 program evaluation; (-3^ advise tbe agency eft professional issues: (4) assist tbe agoncy m maintaining haioon ' ivith other hoalth eafe providers ift tbe community. (-b4 Tbe group • hall meet at least quarterly. MinutO'. ef adsisoPi group moetuigs shall be maintained by tbe agency. Statutory Authority G.S. I3IE-140. .0209 EVALUATION 1590 6:21 .\ORTH CAROLINA REGISTER February 3, 1992 PROPOSED RULES total operation nhall be carriod e+ri- at- loaot aft-nually by^ (4-^ the advinory group ef professional pef-sonnel doocribod i» Rule .0308 »f this Subchaptor, (5) agency staff aft4 consumoro, &f (4) appropriato professional persons outside t}«* agency ' vorlcing with consumers. ?4ie evaluation shall assure tbe appropriateness aftd quality ef the agency's services with findings used te- ' I'orify poUoy implementation, t» identify problems, aft4 te- establish problem resolution aft4 policy rosioion as necessary. fb-^ The evaluation must consist e( em osorall policy smd administration review. Statistical data te be assessed shall include the foUosving as a minimum: f4-^ number ef patients receiving each service; f3) number ef sisits by discipline; f^ patient diagnosis; f4) sources »f referrals; (4) numbers and reasons fof nonacooptanco (4-^ reasons fof discharge. (©) Aft evaluation »f the agency's clinical te-cords shall be carried »«t- at least quarterly by appropriate health professionals representing the scope »f the agency's program. The evaluation chnical records te ensure that agency policies afe followed i« providing sonices, both direct aftd tTTTTTCT II I I 111 I 5-,^- 1 1 1V 1 1 1 , CTTTCr tTT CTTTTmrC TTTTTT mC <-! tlUll IT ef seriico is satisfactor) aftd appropriate. The re'i iow shall consist ef a representative sample »f aH sopiices provided by the agency. (4^ Documentation ef the evaluation shall ift-clude the names »f persons curriing B+ft the evaluation, the criteria aod methods used t© ae-complish it7 aftd the action taken by the agency as a result »f the findings. Statutory Authority G.S. I3IE-I40. .0210 HOSPICE CARE ff a home health agency offers ef provides a hospice program ef care , such ser< icos shall be m compliance w4th ail provisions ef -W NCAC ¥f- (Hospice licensing Rules), with the exception ©f rules requiring a separate hospice license. Should the home health agency's hospice p*©- gram be found » non compliance svith hospice licensure rul e s »ft4 statutes, that shall be a vie-lation el their homo health agency Uconso. Ad-verse action shall be taken i» accordance with Section .0100 ef this Subchapter aH4 injunctive relief fsay be sought m accordance with North Carolina General Statute 13 IE 206. Statutory Authority G.S. I3/E-203: I3IE-206. I31E-20I: I31E-202; SECTION .0300 - SCOPE OF SERVICES .0305 SERVICE REQUIREMENTS must provide at least »fte other therapeutic se*- vico; ker physical, spoooh, &f occupational thor apyy social work sonices, e* home health aide sopiicos. The agency shall provide »f make af-rangoments fof obtaining afty necessary medical supplies, equipment ef prosthetic devices needed by the patient at homo. The agency shall be Fe-quired to provide , at least , on call skiUed nursing senicos eft a 34 hour basis, se^^en days pef week. Statutory Authority G.S. I3IE-140. .0306 ACCEPTANCE OF PATIENTS The home health agency shall implement aftd follow written policies governing the acceptance ©f patients. Considerations relevant te- the ae-ceptanco »f patients include : fi) adequacy aft4 suitability ©f agency person Hel aft4 resources t© prosido the services f%- quirod by the patient; (3) reasonable expectation that- the patient's modical, nursing, aft4 social needs ©aft be H*et adequately at home ; (4) adequate physical facditiee i» the patient's homo fof h» proper care ; aftd (4) availability ©f family ©f substituto famdy patient's care . Statutory Authority G.S. I31E-I40. .0307 NURSING SERVICES AND DUTIES fa^ Nursing soriiceo shall be provided by ©f under the supoPiision ©fa registered nurse a«4 ift accordance w4th the North Carolina Nurse Prac tke A«
Object Description
Description
Title | North Carolina register |
Date | 1992-02-03 |
Description | Vol. 6, issue 21 (February 3, 1992) |
Publisher | Raleigh, N.C. : Office of Administrative Hearings |
Digital Characteristics-A | 82 p.; 6.37 MB |
Digital Format | application/pdf |
Pres File Name-M | pubs_serial_ncregister19920203.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_serial_ncregister\images_master |
Full Text | ^FAi/7V3V''^2./r^^''''A' '^"^•^'- ^ The NORTH CAROLINA REGISTER n\ TITU ItionI IN THIS ISSUE EXECUTIVE ORDER FINAL DECISION LETTERS PROPOSED RULES Agriculture Economic and Community Development Environment, Health, and Natural Resources Human Resources FINAL RULES RECEIVED Revenue LIST OF RULES CODIFIED RRC OBJECTIONS FEB 7 1992 LAW LIBRARY RULES INVALIDATED BY JUDICIAL DECISION ISSUE DATE: FEBRUARY 3, 1992 Volume 6 • Issue 21 • Pages 1563-1636 TNFORMATTON ABOUT THE NORTH CAROLINA REGISTER AND ADMTNTSTRATTVE rODF NORTH CAROLINA REGISTER The North Carolina Register is published twice a month and contains information relating to agency, executive, legislative and judicial actions required by or affecting Chapter 150B of the General Statutes. All proposed administrative rules and notices of public hearings filed under G.S. 150B-21.2 must be published in the Register. The Register will typically comprise approximately fifty pages per issue of legal text. State law requires that a copy of each issue be provided free of charge to each county in the state and to various state officials and institutions. The North Carolina Register is available by yearly subscription at a cost of one hundred and five dollars ($105.00) for 24 issues. Individual issues may be purchased for eight dollars ($8.00). 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. TEMPORARY RULES Under certain emergency conditions, agencies may issue temporary rules. Within 24 hours of submission to OAH, the Codifier of Rules must review the agency's written statement of findings of need for the temporary rule pursuant to the provisions in G.S. 150B-21.1. If the Codifier determines that the findings meet the criteria in G.S. 150B-21 .1, the rule is entered into the NCAC. If the Codifier determines that the findings do not meet the criteria, the rule is returned to the agency. The agency may supplement its findings and resubmit the temporary rule for an additional review or the agency may respond that it will remain with its initial position. The Codifier, thereafter, will enter the rule into the NCAC. A temporary rule becomes effective either when the Codifier of Rules enters the rule in the Code or on the sixth business day after the agency resubmits the rule without change. The temporary rule is in effect for the period specified in the rule or 180 days, whichever is less. An agency adopting a temporary rule must begin rule-making procedures on the permanent rule at the same time the temporary rule is filed with the Codifier. 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 pubUc comments; the text of the proposed rule or the statement of subject matter; the reason for the proposed action; a reference to the statutory authority for the action and the proposed effective date. Unless a specific statute provides otherwise, at least 15 days must elapse following publication of the notice in the North Carolina Register before the agency may conduct the public hearing and at least 30 days must elapse before the agency can take action on the proposed rule. An agency may not adopt a rule that differs substantially from the proposed form published as part of the public notice, until the adopted version has been published in the North Carolina Register for an additional 30 day comment period. When final action is taken, the promulgating agency must file the rule with the Rules Review Commission (RRC). After approval by RRC, the adopted rule is filed with the Office of Administrative Hearings (OAH). A rule or amended rule generally becomes effective 5 business days after the rule is filed with the Office of Administrative Hearings for pubUcation 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,(X)0 letter size, single spaced pages of material of which approximately 35% of is changed armually. 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 ($750.00). 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: Rules Division, P.O. E)rawer 27447, Raleigh, North Carolina 27611-7447, (919) 733-2678. NORTH CAROLINA REGISTER ISSUE CONTENTS I. EXECurrv E order Executive Order 159... .1563 Office ofAdministrative Hearings P. O. Drawer 27447 Raleigh, \C 27611-7447 (919) 733 -2678 Julian Mann III, Director James R. Scarcella Sr., Deputy Director Molly Masich, Director APA Services II. FINAL DECISION LETTERS Voting Rights Act 1566 III. PROPOSED RULES Agriculture Structural Pest Control Division 1569 Economic and Community Development Community Assistance 1579 Environment, Health, and Natural Resources Environmental Management .... 1 6 1 1 Wildlife Resources Commission 1619 Human Resources Facility Services 1584 Social Services 1607 IV. FESAL RULES Revenue Motor Fuels Tax 1620 V. LIST OF RULES CODIFIED 1624 Staff: Ruby Creech, Publications Coordinator Teresa Kilpatrick, Editorial Assistant Jean Shirley, Editorial Assistant VI. RRC OBJECTIONS 1628 VII. RULES INA ALID.ATED BY JUDICIAL DECISION 1631 VIII. CUMULATFVE INDEX 1633 NORTH CAROLINA REGISTER Publication Schedule (October 1991 - December 1992) Issue Date Last Day for Filing Last Day for Electronic FUing Earliest Date for Public Hearing Earliest Date for Adoption by Agency Last Day * to Earliest Submit Effective to Date RRC ++++++++*++++++++++++*+++++++++++++++++++++++++++++++++++++++ 10/15/91 11/01/91 11/15/91 12/02/91 12/16/91 01/02/92 01/15/92 02/03/92 02/14/92 03/02/92 03/16/92 04/01/92 04/15/92 05/01/92 05/15/92 06/01/92 06/15/92 07/01/92 07/15/92 08/03/92 08/14/92 09/01/92 09/15/92 10/01/92 10/15/92 11/02/92 11/16/92 12/01/92 12/15/92 09/24/91 10/11/91 10/24,91 11/07/91 11/21/91 12/09/91 12/20/91 01/10/92 01/24/92 02/10 92 02/24 '92 03/11/92 03/25/92 04/10/92 04/24/92 05/11/92 05/25/92 06/10/92 06/2492 07/13 92 07/24/92 08/11/92 08/25 92 09/10 92 09/24 92 10/12/92 10/23/92 11/06/92 11/24/92 10/01/91 10/18/91 10/31/91 11/14/91 12/02/91 12/16/91 12/31/91 01/17/92 01/31/92 02/17/92 03/02/92 03/18/92 04/01/92 04/17/92 05/01/92 05/18/92 06/01/92 06/17/92 07/01/92 07/20/92 07/31/92 08/18/92 09/01/92 09/17/92 10/01/92 10/19/92 10/30/92 11/13/92 12/01/92 10/30 91 11/16/91 11/30/91 12/17/91 12/31/91 01/17/92 01/30:92 02/18/92 02/29/92 03/17/92 03/31/92 04/16 92 04/30/92 05/16/92 05/30/92 06/16/92 06/30/92 07/16/92 07/30/92 08/ 18 92 08/29/92 09/16/92 09/30/92 10/16/92 10/30 92 11/17/92 12/01/92 12/16/92 12/30/92 11/14,91 12/01/91 12/15/91 01/01/92 01/15,92 02/01/92 02/14/92 03/04/92 03/15/92 04/01/92 04/15 92 05/01/92 05/15/92 05/31/92 06/14,92 07/01/92 07/15/92 07/31/92 08/14/92 09/02 92 09/13/92 10/01/92 10/15,'92 10/31,'92 11/14/92 12/02/92 12/16/92 12/31/92 01/14/93 11/20/91 12/20/91 12/20/91 01/20/92 01/20/92 02/20/92 02/20/92 03/20/92 03/20/92 04/20/92 04/20/92 05/20/92 05/20/92 06/20/92 06/20/92 07/20/92 07/20/92 08/20/92 08/20/92 09/20/92 09/20/92 10/20/92 10/20/92 11/20/92 11/20,92 12/20,92 12/20/92 01/20/93 01/20/93 01/02/92 02/03/92 02/03/92 03/02/92 03/02/92 04/01/92 04/01/92 05/01/92 05/01/92 06/01/92 06,01/92 07/01/92 07/01/92 08/03/92 08 '03/92 09/01/92 09/01/92 10 01/92 10/01/92 11/02/92 11/02/92 12/01/92 12/01/92 01 04/93 01 04/93 0201/93 02/01/93 03 01/93 03/01/93 * The "Earliest Effective Dale" is computed assuming that the agency follows the publication schedule above, that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next calendar month. EXECUTIVE ORDER EXECLTIVE ORDER NLMBER 159 NORTH CAROLINA GOVERNOR'S COMMISSION ON WORKKORCE PREPAREDNESS WHEREAS, the final report of the previous Governor's Commission on Workforce Preparedness has increased public awareness in connection with the impending skills crisis in North Carolina; and WHEREAS, an education-economic develop-ment link has been forged by the rapid evolution m technological advancements and the globalization of the economy; and WHEREAS, North Carolina's competitive po-sition Ln the new emerging global economy is threatened by low levels of educational attain-ment among some members of our population; and WHEREAS, the existing vocational, basic and remedial education, employment, and job train-ing systems lack coordination; and WHEREAS, this lack of coordination makes it difficult to ascertain duplication of services and program impact, and more importantly, does not allow for a serious analysis in determining the responsiveness of the system in meetmg the needs of both employers and individuals in need of program services; and WHEREAS, the previous Governor's Com-mission on Workforce Preparedness saw the need for its "permanent embodiment" and the need for "establishing a comprehensive and strategic planning system for responding to the impending workforce preparedness crisis"; NOW THEREEORE, by the authority vested in me as Governor bv the Constitution and laws of North CaroHna, it IS ORDERED; Section 1. ESTABLISHMENT (a) Executive Order Number 107 is hereby terminated, the purpose of the Governor's Com-mission on Worklbrce Preparedness established in that Order having been accomplished. (b) There is hereby established the North Carolina Governor's Commission on Workforce Preparedness ("Commission"). Section 2. MEMBERSHIP (a) The membership shall consist of the North Carolina Job Training Council and the North Carolina Advisory- Council on Vocational and Applied Technology Education. The Commis-sion shall report directly to the Governor. (b) Notwithstanding the directives of this Executive Order, the two Councils shall continue to perform all duties and responsibilities granted under their respective federal and state mandates. Section 3. CHAIRPERSON The Governor shall appoint a chairperson from among the members of the Commission to serve at the Governor's pleasure. Section 4, EXECLTIVE BOARD (a) The Governor shall select from among the members of the Commission an Executive Board ("Board") consisting of not less than seven members; provided, however, that a majority of the Board shall be representative of the private sector to the extent practicable. The Board shall provide leadership and guidance to the Commis-sion and all other boards, councils, and commit-tees specified in this Order in carrying out the duties and responsibilities outlined in Section 9. (b) The Chairperson of the Commission shall also serve as Chairperson of the Board. (c) The Governor or his designee shall serve as an ex-olTicio member of the Board. Section 5. MEETINGS 1 he Commission or the Board shall meet at such times and locations as designated by the Chairperson. Section 6. QLORLM (a) A simple majority of the Commission shall constitute a quorum for the transaction of busi-ness by the Commission. (b) A simple majority of the Board shall con-stitute a quorum for the transaction of business by the Board. Section 7. BYLAWS Both the Commission and the Board shall es-tabhsh such bylaws as are necessar,' and appro-priate for proper implementation of the directives of this Executive Order and which are consistent with applicable law. Section 8. FUNCTION (a) The two Councils shall act in partnership as a single Commission in providing leadership for coordination and strategic planning of workforce preparedness policy. (b) An Inter-Agency Coordinating Committee (ICC) shall be created to include senior-level management representation from each state de-partment designated as a Workforce Preparedness Program in Section 10(b). The ICC wLU provide technical and staff support to 6:21 NORTH CAROLINA REGISTER February i, 1992 1563 EXECUTIVE ORDER both the Commission and the Board. The Chairperson and membership of the ICC shall be appointed by the Chairperson of the Com-mission. Section 9. PI KPOSE The Commission shall perform the following duties and responsibihtics: (a) Advise and recommend to the Governor, General Assembly, state departments, other pubUc agencies, and the private sector poli-cies and programs that enhance North Carolina's economy through the develop-ment of the State's workforce. (b) Direct coordination among all designated programs identified under Section 10, pro-vided that such coordination shall not inter-fere with federally mandated duties and responsibilities. (c) Establish criteria to facilitate the creation of a comprehensive Workforce Preparedness System that is market-driven and customer-focused. The criteria shall include, but not be limited to: (1) Standards for establishing common defi-nitions and assessment criteria to provide convenient entry at any point into the comprehensive systems; and (2) Standards for creating a data collection system to facilitate better e\aIuation and more consistent reporting methods and linking of data systems to allow tracking of chents throughout the various pro-grams in the comprehensive system; and (3) Standards for developing program evalu-ation methods (and procedures) to assess actual program outcomes. (d) Submit to the Governor and General As-sembly a biennial strategic plan for Workforce Preparedness to include, but not be limited to: (1) A statement of goals and objectives for the coming biennium; and (2) An inventory and assessment of all pro-grams identified as part of the workforce preparedness system under Section 10 pro\ided that such invcntor\' and assess-ment shall not intertere with federally mandated duties and responsibilities; and (3) .An assessment of the vocational educa-tion, basic and remedial education, em-ployment, and job training needs of the State's labor market; and (4) .\n evaluation of each program in terms of consistency in meeting state goals and objectives, and reaching desired outcomes in relation to the needs of employers and individual citizens who are in need of program services. This evaluation should also report on the progress of each pro-gram in meeting the coordination criteria of the Commission; and (5) Recommendations for policy changes and funding to ensure effective implementa-tion of the comprehensive system; and (6) Recommendations for reducing program duplication and effecting cost savings and filing gaps in existing pohcies and pro-grams. (e) Develop and promote strategies for coop-eration between education, government and the private sector and which leverage private resources for the development of the State's Workforce Preparedness system. These strategies shall specifically focus on promot-ing school-to-work transition programs for high school students and modernization of the workplace through high performance work organizations. Section 10. WORKFORCE PREPAREDNESS PROGR.WIS .AND ACiENCIES (a) Subject to their federally mandated duties and responsibilities, the foliowmg federal re-sources programs are hereby designated as Workforce Preparedness Programs: - Adult Education Act Carl D. Perkins Vocational and Applied Technology Education Act - Job Training Partnership Act - Waaler- Peyser Act - Titfe IV of the Social Security Act (JOBS - Welfare-to-Work) - litle IX of the Social Security Act (Miscella-neous Provisions Relating to Employment Security) - Vocational Rehabditation Act - National Apprenticeship Act - F'ood Stamp Act (Workfare) - Displaced Homemakers Self-Sufficiency As-sistance Act Internal Revenue Code of 1986 (Targeted Jobs Tax Credit, Work Incentive Program) - Chapter 2 of the Trade Act (.Adjustment As-sistance or Workers) - Title V of the Older Americans Act (Com-munity Service Employment) - Veteran's Job Training Act. (b) All State resources programs that are vo-cational -, basic and remedial education -, em-ployment -, and job training-related are hereby designated as Workforce Preparedness Programs. (c) The Departments of Economic and Com-munity De\'elopment, Commumty Colleges, La-bor, Public Instruction, Human Resources, Corrections, and .Administration, and all local 1564 6:21 NORTH CAROLINA REGISTER February i, 1992 EXECUTIVE ORDER agencies that provide vocational education, basic and remedial education, employment, and job training services are hereby designated as mem-bers of the Workforce Preparedness System. Section I ! COOPERATION OF STATE AGENCIES On request all agencies and departments of the State of North Carolina shall cooperate with the Commission and the Board in their duties and responsibilities as established by this Executive Order. Section 12. ADMINISTRATION AND EXPENSES Members shall receive per diem and necessary travel and subsistence expenses in accordance with N.C.G.S. 138-5, 138-6, or 120-3.1. This Executive Order shall be effective as of January 3, 1992, and shall remain in effect until terminated. Done in Raleigh, North Carolina, this the 6th day of January, 1992. 6:21 NORTH CAROLINA REGISTER February 3, 1992 1565 VOTING RIGHTS ACT FINAL DECISION LETTERS [G.S. 120-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the A ttorney General of the United States in which a final decision is made concerning a "change af-fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina Register. / U.S. Department of Justice Civil Rights Division JRD:LLT:ACJ:tlb DJ 166-012-3 Voting Section 91-4043 P.O. Box 66128 Washington, D.C. 20035-6128 December 20, 1991 Richard J. Rose, Esq. Poyner & Spruill P. O. Box 353 Rocky Mount, North Carolina 27802 Dear Mr. Rose: This refers to three annexations (Ordinance Nos. 91-190, 91-184 and 91-189) and the designation of the annexed areas to election districts for the City of Rocky Mount in Edgecombe and Nash Counties, North Carolina, submitted to the Attomey General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on October 28, 1991. The Attomey General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attomey General to object does not bar subsequent litigation to enjoin the enforcement of the changes. See the Procedures for the Adminis-tration of Section 5 (28 C.F.R. 51.41). Sincerely, John R. Dunne Assistant Attomey General Civil Rights Division By: Gerald W. Jones Chief, Voting Section 1566 6:21 NORTH CAROLINA REGISTER February 3, 1992 VOTING RIGHTS ACT FINAL DECISION LETTERS U.S. Department of Justice Civil Rights Division JRD:GS:TGL;lri DJ 166-012-3 Voting Section 91-4235 P.O. Box 66128 91-4236 Washington, D.C. 20035-6128 January 7, 1992 Michael Crowell, Esq. Tharrington, Smith & Hargrove P. O. Box 1151 Raleigh, North Carolina 27602-1151 Dear Mr. Crowell: This refers to the 1991 redistricting plans for the board of commissioners and the board of educa-tion Ln Pitt County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submissions on November 8, 1991. The Attorney General does not interpose any objection to the specified changes. However, we note that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division By: Gerald W. Jones Chief, Voting Section 6:21 NORTH CAROLINA REGISTER February 5, 1992 1567 VOTING RIGHTS ACT FINAL DECISION LETTERS U.S. Department of Justice Civil Rights Division JRD:.MAP:DOW:gmh DJ 166-012-3 Voting Section 91-4481 P.O. Box 66128 Washington, D,C. 20035-6128 Januar>- 17, 1992 Michael Crowell, Esq. Tharrington, Smith & Hargrove P. O. Box 1151 Raleigh, North Carolma 27602 Dear .Mr. Crowell: This refers to the change in the method of election from at large to two double-member districts and a single-member district, the districting plan, an increase in the number of city councUmembers from four to five, the method of staggering terms of office, the implementation schedule, and the pro-cedures for conducting the May 1992 special election for the City of Roanoke Rapids in Halifax County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on December 5, 1991. The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent htigation to enjoin the enforcement of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional information that would otherwise re-quire an objection comes to our attention during the remainder of the sixty-day review period. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). Sincerely, John R. Dunne Assistant Attorney General CivU Rights Division By: Gerald W. Jones Chief, Voting Section 1568 6:21 NORTH CAROLINA REGISTER Febniaiy 3, 1992 PROPOSED RULES TITLE 2 - DEPARTMENT OF AGRICULTURE Noodce is hereby given in accordance with G.S. 150B-21.2 that the N.C. Structural Pest Control Committee intends to amend rule(s) cited as 2 NCAC34 .0101 - .0102, .0302, .0313, .0318, .0601 - .0605, .0902, .1001; and adopt rule(s) cited as 2 NCAC34 .0329, .0406, .1201 - .1206. 1 he proposed effective date of this action for 2 NCAC 34 .1201 - .1206 is May I, 1992: and for 2 NCAC 34 .0101 - .0102, .0302, .0313, .0318, .0329, .0406, .0601 - .0605, .0902, .1001 is July I, 1992. 1 he public hearing will be conducted at 10:00 a.m. on February 18, 1992 at the Board Room, Agriculture Building, 2 W. Edenton St., Raleigh, N.C. 27601. J\eason for Proposed A ction: 2 NCA C 34 . 1201 - .1206 - Establishes procedures for contested cases. 2 NCAC 34 .0101 - .0102, .0302, .0313, .0318, .0329, .0406, .0601 - .0605, .0902, .1001 - Makes various changes in requirements applicable to structural pest control licensees and certified applicators, such as written agreements with property owners, recordkeeping, financial respon-sibility, time for commencing disciplinary actions, and technical and wording changes. Coomment Procedures: Interested persons may present their views either orally or in writing at the hearing. Comments may be submitted in writing no later than March 4, 1992 by mail, addressed to the Chairman of the North Carolina Structural Pest Control Committee, P.O. Box 27647, Raleigh. NC 27611. CHAPTER 34 - STRUCTURAL PEST CONTROL DIVISION SECTION .0100 - INIRODUCTION AND DEFINITIONS .0101 INTRODUCTION (a) Applicable to licensees only: (1) .'Ml licensed structural pest control opera-tors shall faithfully and honestly carry out the provisions and terms of all contracts into which they enter for the control of structural pests. (2) In addition to following all minimum re-quirements outlined in the rules and reg-ulations herein, licensed structural pest control operators shall be responsible for obtaining satisfactory control of all in-sects, rodents, fungi, or other pests indi-cated in the control agreement(s). (3) Licensed structural pest control operators shall be responsible for obtaining satisfac-tory control of active infestations of pests for which control agreements were entered into prior to July 1, 1955, if contracts covering said agreements are currently ef-fective, (b) Applicable to both licensees and certified applicators: (1) The methods and materials used in struc-tural pest control procedures shall be in accordance with the current label registra-tions of federal and State of North Carolina agencies responsible for making such registrations. (2) The possession, usage, application, stor-age, and disposal of all pesticides and all pesticide containers shall be in conformity with all federal and North Carolina State laws and regulations governing the pos-session, usage, application, storage, and disposal of pesticides and pesticide con-tainers. (3) Licensed structural pest control operators or their authorized agents and certified applicators (oxcopt those Het omployod by a liconflOQ aft4 net- ur.ing a rootrictod uso pooticido) shall maintain at their business location(s) copies of current registered la-bels for all pesticides used. Such labels shall be made available for inspection upon request of the onforcomont agoncy Division or the committoo. Committee. Statutory Authority G.S. 106-65.29. .0102 DEFINITIONS For the purpose of interpretation of the rules, regulations, definitions, and requirements of the North Carolina Structural Pest Control Com-mittee and the Structural Pest Control Law, and unless otherwise required by the context, the fol-lowing definitions shall prevail, to wit: (1) "Act and/or law" means the Structural Pest Control Act of North Carolina of 1955. (2) "Active infestation of a specific organism" means evidence of present activity by that organism, visible in, on, or under a structure, or in or on debris under the structure. (3) "Acutely toxic rodenticidal baits" means all baits that contain rodcnticides other than barium carbonate, norbormide, red squill, and the anticoagulants. 6:21 NORTH CAROLINA REGISTER February 3, 1992 1569 PROPOSED RULES (4) "Board of Agriculture" means the Board of Agriculture of the State of North Carolina. (5) "Commercial certified applicator" shall mean any certified applicator employed by a licensed individual. (6) "Common laborer" as used in G.S. 106-65.31 of the Structural Pest Control Act shall mean an employee of a Ucensed struc-tural pest control operator who does not engage in or supervise the mixing or appli-cation of pesticides for the control of struc-tural pests. (7) "Commercial structure" means any struc-ture which is not a residential structure; in-cluding but not hmited to shopping centers, offices, nursing homes and similar structures. (8) "Complete surface residual spray" means the over-aU application of any pesticide by spray or otherwise, to any surface areas within, on, under, or adjacent to, any struc-ture in such a manner that the pesticide will adhere to surfaces and remain toxic to . household pests and rodents or other pests for an extended period of time. (9) "Continuing education units" means units of non-credit education awarded by the Di-vision of continuing education. North CaroUna State University or comparable educational institution, for satisfactorily completing course work. (10) "Continuing certification unit" means a unit of credit awarded by the Committee upon satisfactory completion of one clock hour of instruction in MVf an approved course »f study (one CCU is approximately equal to one tenth CEU of approved course work). (11) "Deficient soil sample" shall mean any soil sample which, when analyzed, is found to contain less than 25 percent of the termiticide apphed by a licensee which would be found if the termiticide had been apphed at the lowest concentration and dosage recommended by the labeling. (12) "Department" means the Department of Agriculture of the State of North Carolina. (13) "Disciplinary action" means any action taken by the Committee as provided under the provisions of G.S. 106-65.28. (14) "Division" means the Structural Pest Control Division of the Department of Ag-riculture of the State of North Carolina. (15) "Enclosed space" means any structure by whatever name known, including household structures, commercial buildings, ware-houses, docks, vacant structures, and places where people congregate, such as hospitals, schools, churches, and others; railroad cars, trucks, ships, aircraft, and common carriers. It shall also mean vaults, tanks, chambers, and special rooms designed for use, being used, or intended to be used for fumigation operations. (16) "Enforcement agency" means the Struc-tural Pest Control Division of the Depart-ment of Agriculture of the State of North Carolina. (17) "EPA" means the Environmental Pro-tection Agency of the United States Gov-ernment. (18) "EPA registration number" means the number assigned to a pesticide label by EPA. (19) "Elammable pesticidal fog" means the fog dispelled into space and produced: (a) from oil solutions of pesticides fmely atomized by a blast of heated air or ex-haust gases from a gasoUne engine, or from mixtures of water and pesticidal oil solutions passed through a combustion chamber, the water being converted to steam, which exerts a shearing action, breaking up the pesticidal oil into small droplets (thermal fog); or (b) from oil solutions of pesticides which are forced through very narrow space by centrifugal force and atomized as they are thrown off into the air (mechanical or cold fogs). (20) "Fog or fogging" means micron sized particles of pesticide(s) dispersed by means of a thermal generator. (21) "Fumigation" means the use of fumigants within an enclosed space, or in, or under a structure, in concentrations which may be hazardous to man. (22) "Fumigation crew" or "crew" means per-sonnel performing the fumigation operation. (23) "Fumigation operation" means all details prior to apphcation of fumigant(s), the ap-plication of fumigant(s), fumigation period, and post fumigation details as outlined in these Rules and Regulations. (24) "Fumigation period" means the period of time from application of fumigant(s) until ventilation of the fumigated structure(s) is completed, and the structure or structures are declared safe for occupancy for human beings or domestic animals. (25) "Fumigator" means a person hcensed un-der the provisions of G.S. 106-65. 25(a)(3) or certified under the provisions of G.S. 106 65.35(b)(1) G.S. 106-65. 25(e)(1) to en-gage in or supervise fumigation operations. 1570 6:21 NORTH CAROLINA REGISTER February 3, 1992 PROPOSED RULES (26) "Gas-retaining cover" means a cover which will confine fumigant(s) to the space(s) intended to be fumigated. (27) "General fumigation" means the applica-tion of fumigant(s) to one or more rooms and their contents in a structure, at the de-sired concentration and for the necessary length of time to control rodents, insects, or other pests. (28) "Household" means any structure and its contents which are used for man. (29) "flousehold pest control" means that phase of structural pest control other than the control of wood-destroying organisms and fumigation and shall include the appli-cation of remedial measures for the purpose of curbing, reducing, preventing, controlling, eradicating, and repelling household pests and rodents. (30) "Inactive license" shall mean any struc-tural pest control license held by an individ-ual who has no employees and is not engaged in any structural pest control work. (31) "Infestation of a specific organism" means evidence of past or present activity by that organism, visible in, on, or under a structure, or in or on debris under the structure. (32) "Inspection for a specific wood-destroying organism" means the careful visual exam-ination of all accessible areas of a building and the sounding of accessible structural members to determine the presence of and the damage by that specific wood-destroying organism. (33) "Inspector" means any employee of the Structural Pest Control Division of the De-partment of Agriculture of the State of North Carolina. (34) "Jobs not meeting the minimum require-ments of these Rules and Regulations" means any job that is not treated in accord-ance with the minimum requirements as herein set forth. (35) "Licensed structural pest control opera-tion," or "pest control operation," or "op-erator," or "licensed operator" means any person licensed under the provisions of G.S. 106-65. 25(a) or unlicensed who, for direct or indirect hire or compensation is engaged in the business of controlling, destroying, curbing, mitigating, preventing, repelling, offering advice on control methods and procedures, inspecting and identifying infestations and populations of insects, rodents, fungi, and other pests within, under and on structures of any kind, or the nearby surrounding ground areas or where people may assemble or congregate including work defined under G.S. 106-65.24(23). (36) "Liquefied gas aerosol" means the spray produced by the extreme rapid volatilization of a compressed and liquefied gas, to which has been added a non-volatile oil solution containing a pesticide. (37) "Non-commercial certified applicator" shall mean any certified applicator not em-ployed by a licensed individual. (38) "Open porch" means any porch without fiU in which the distance from the bottom of the slab to the top of the soil beneath the slab is greater than 12 inches. (39) "Percolation" (as used m Rule .0503(c)(2) of Section .0500 this Chapter) means the leakage or movement of a pesticide from the initial point of application by the action of the water. (40) "Residential structure" means any struc-ture used as a permanent dwelling such as a single- or multi-family home, a condomin-ium or townhouse or an apartment. (41) "Secretary" means the Secretary to the North Carolina Structural Pest Control Committee. (42) "Ser%'ice vehicle" means any vehicle used to transpK^rt the licensee or certified appUcator or serviceman and/or their equip-ment and pesticides used in providing struc-tural pest control services. (43) "Slab-on-ground" means a concrete slab in which all or part of that concrete slab is resting on or is in direct contact with the ground immediately beneath the slab. (44) "Sohd masonry cap" means a continuous concrete or masonry barrier covering the entire top, width and length, of any wall, or any part of a wall, that provides support for the exterior or structural parts of a building. (45) "Space spray" means any pesticide re-gardless of its particle size, which is apphed to the atmosphere within an enclosed space in such a manner that dispersal of the pesti-cide particles is uncontrolled. Pesticidal fogs or aerosols, including those produced by thermal-aerosol generators (fogging ma-chines), shall be considered space sprays. (46) "Spot fumigation" means the application of a fumigant to a localized space or harborage within, on, under, outside of or adjacent to, a structure for local household pest or rodent control. (47) "Spot surface residual spray" means the apphcation of pesticidal spray directly to a surface and only in specific areas where nec-essary and in such a manner that the pesti-cidal material wiU largely adhere to the 6:21 NORTH CAROLINA REGISTER February 3, 1992 1571 PROPOSED RULES surface where applied and will remain toxic to household pests or rodents or other pests for which applied for an extended period of time. (48) "Structure" means all parts of a building, whether \acant or occupied, in all stages of construction. (49) "Structural pests" means all pests that oc-cur in any type of structure of man and all pests associated with the immediate environs of such structures. (50) "Sub-slab fumigation" means the applica-tion of a fumigant below or underneath a concrete slab and is considered spot fumigation. (51) "Telephone answering service location" means any location used for the sole pur-pose of receiving telephone messages. (52) "Termiticide(s)" (as used in Rule .0503, Subterranean Termite Control, and Rule .0505, Subterranean Termite Prevention) means those pesticides specified in Rule .0502, Pesticides for Subterranean Termite Prevention and'or Control. (53) "To use any pesticide in a manner incon-sistent with its labeling" means to use any pesticide in a manner not permitted by the labeling. Provided that, the term shall not include: (a) applying a pesticide at any dosage, con-centration or frequency less than that specified on the labeling; (b) applying a pesticide against any target pest not specified on the labeling if the appli-cation is to the site specified on the label-ing, unless the EPA has required that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling; (c) employing any method of application not prohibited by the labeling. (54) "Type of treatment" means the method used to apply a pesticide formulation to a specific location. (55) "Unauthorized personnel" means any in-dividual or individuals not given specific au-thorization by the Hcensee or certified applicator to areas to which access is re-stricted by these regulations. (56) "Under dixect supervision of means the act or process whereby application of a pes-ticide is made by a competent person acting under the instructions and control of a hcensee or certified appUcator who is re-sponsible for the action of that person and who is available if and when needed, even though such licensee or certified applicator is not physically present at the time and place the pesticide is apphed. (57) "Waiver" means a standard form pre-scribed by the Committee which will, when completed correctly, permit the licensee to deviate from or omit one or more of the minimum treatment methods and proce-dures for structural pests which are set forth in the Committee rules, regulations, defi-nitions and requirements. (58) "Wood-destroying insect report" means any written statement or certificate issued, by an operator or his authorized agent, re-garding the presence or absence of wood-destroying insects or their damage in a structure. (59) "Wood-destroying organism" is an organism such as a termite, beetle, other in-sect, or fungus which may invade, inhabit, devour, or destroy wood or wood products and other cellulose material found in, on, under, in contact with, and around struc-tures. (60) "Wood-destroying organism report" means any written statement or certificate issued, by an operator or his authorized agent, regarding the presence or absence of wood-destroying organisms or their damage in a structure. Statutory Authority G.S. 106-65.29. SECTION .0300 - LICENSING .\ND CERTIFIC.VTION .0302 APPLICATION FOR LICENSES AND CARDS: EXAMIN.\TION (a) Application for hcenses under the pro-visions of G.S. 106-65. 26(a) and (c): (1) AppUcation for examination shall be on a regular form prescnbed by the Division. All examinations shall be maintained and administered by the Committee secretary. The Committee may review the examina-tions and make recommendations regard-ing changes in same. (2) Upon approval of the apphcation for ex-amination, the Committee secretary shall notify the applicant of said approval and provide the necessar>' form(s) for the ap-pUcant to prc-register for the examination as required in Pailo .0302(c). Paragraph (c) of this Rule. (3) Apphcations to take the examination shall be either typed or printed in ink and sworn to before a notary- public or some other official authorized by law to admin-ister oaths. 1572 6:21 NORTH CAROLINA REGISTER Eebruarv 3, 1992 PROPOSED RULES (4) A clear full-face, head, and shoulder photograph of the apphcant, taken within the preceding 12 months of the date of application, and not less than two and one-half inches square, shall be attached to the application. (5) All applications to take the examination shall be retained by the office of the Committee secretary. All documents filed in support of an application shall be kept by the office of the Committee secretary; provided, however, that the Committee may at its discretion permit such docu-ments to be withdrawn upon substitution of a true copy. All examinations shall remain the property of the Committee. (6) An applicant who gives or receives un-authorized assistance during an examina-tion shall be dismissed from the examination and his markings or results shall be voided and said applicant's ex-amination fee shall be forfeited. Such applicant shall not be permitted to take a re-examination for a period of six months from the date of the examination. (7) No person shall be admitted to the ex-amination room except members of the Committee, the attorney for the Commit-tee, the examining personnel, employees of the Structural Pest Control Division, and the applicants for hcenses. (8) .Any applicant making a score of 70 per-cent or more on any license examination(s) shall be issued a license in that phase(s) of structural pest control af-ter making proper apphcation therefor. (9) The applicant shall furnish such infor-mation as the committee may require to establish that said apphcant p>ossesses qualifications as specified in G.S. 106-65.26 of the act for the particular hcense(s) which he seeks. The Commit-tee, or its authorized representatives, may make such investigations as it deems nec-essary with respect to the applicant's qualifications. (10) All applicants passing the examination(s) for Ucenses shall apply for said licenses within six months from the date on which the examinations were passed. If such apphcants fail to make application for said licenses, within the specified period, such applicants shall be required to take and satisfactorily pass re-examinations cover-ing phases of structural pest control work for which licenses were applied before said Hcenses are issued. (11) If an applicant [within 60 days after no-tification that he has failed an examination] requests to review the exainination(s), the Division shall allow such review during the earliest possible regular review session, (b) Application for certified applicator's iden-tification card under the provisions of G.S. 106-65. 26(a) and (b): (1) Apphcations filed pursuant to G.S. 106-65. 26(a) and (b) shall be on a regular form prescribed by the Division. (2) An applicant for a certified applicator's identification card in any phase of struc-tural pest control shall furnish such infor-mation as the Committee may require to establish that said applicant possesses qualifications as specified in G.S. 106-65.26 of the act for the particular cer-tified applicator's identification card which he seeks. The Committee or its author-ized representatives, may make such in-vestigations as it deems necessarv' with respect to the applicant's qualifications. (3) All applications for certified applicator's identification cards under the provisions of G.S. 106-65. 26(a) and (b) shall be re-tained by the office of the Committee secretary. /Vll documents filed in support of an apphcation shall be kept by the of-fice of the Committee secretary; provided, however, that the Committee may at its discretion permit such documents to be withdrawn upon substitution of a true copy. .'VU examinations shall remain the property of the Committee. (4) Any applicant making a score of 70 per-cent or more on the core certification ex-amination and on any certified applicator's examination(s) shall be issued a certified applicator's identification card in that phase of structural pest control af-ter making proper application therefor. (5) All apphcants passing the e.xamination(s) for certified apphcator's identification cards shall apply for said cards within six months from the date on which the ex-aminations were passed. If such apph-cants fail to make apphcation for said certified apphcator's identification cards within the specified period, such apph-cants shall be required to take and satis-factorily pass re-examinations covering phases of structural pest control work for which certified applicator's identification cards were apphed before said cards are issued. 6:21 yORTH CAROLINA REGISTER February 3, 1992 1573 PROPOSED RULES (6) Upon receipt of the application for ex-amination, the Committee secretary- shall provide the necessary' forms for the appli-cant to pre-register for the examination as required in Ruli? .0302(oj. Paragraph (c) of this Rule. (7) 44^ik» MM2 Subparagraphs (a)(2), (3), (5), (6), (7), (12) and (13) of ttus Section Rule shall also apply to all applicants for certi-fied applicator's identification cards. (c) Pre-registration for license and certified applicator examination applicants: (1) AU applicants for the license and or certi-fied applicator's examination(5) shall pre-register with the Committee secretary for said examination(s) no less than ten days prior to the date of the exammation. (2) Applicants who fail to pre-register shall not be permitted to take the examination. (3) Pre-registration shall include a properly completed application for examination. (d) Frequency of examination by license ap-pUcant limited: (1) An applicant who initially fails to pass the license examination may retake the exam-ination at any subsequent regularly scheduled examination. (2) An applicant who fails to pass the second license examination shall wait a minimum of three montho examinations between each subsequent examination: except that, in the event of a death of a licensee the applicant intending to succeed the de-ceased licensee may take the examination a third time prior to the first three month examination waiting period. Statutory Authority G.S. 106-65.29. .0313 INFORMATION ON REGISTERED TECHNICIAN'S IDENTIFICATION CARDS (a) A registered technician's identification card shall contain, but not be limited to, the foUovs'ing information: ( 1 ) name of registrant: (2) name of licensee or employer; (3) name of Licensee's company; (4) address of licensee's company; (5) license number and phase(s) of licensee; (6) age, \s eight, height, color of hair and eyes of registrant: (7) job classification of card holder: (8) issuance date, expiration date and license year covered b\' card. (b) The registered teclmician's identification card and the Ucense of the employer of the card holder shall bear the same license number and License phase(s). Each registered technician's identification card shall bear only one license number, one company name, and not more than three license phases. (c) A licensee or non-commercial certified applicator applying for the issuance or renewal of a registered technician's identification card for his employee shall certify to the Division that the employee has completed employee training ap-pro\ ed by the Committee in structural pest con-trol work. (d) In the event the oommittoo Committee ap-proves employee training materials produced by the Di\ision, such materials shall be purchased for each home office and by at least one non-commercial certified apphcator at each business location at a cost determined by the committoo; Committee; provided, however, a liconooo wh» in licensees performing work under the structural pest control license of another and non-commercial certified applicators who are not en-gaged in structural pest control shall not be required to purchase the training materials. (e) Training materials shall be made available for inspection dunng regular busmess hours upon request by the Dhision. Statutmy Authority G.S. 106-65.29. .0318 CHANGE IN ST.\TCS OF EICENSEE AND/OR CERI IFIED APPLIC.VIOR fri^ \\'h en thoro it* a change m the C'tatuo &f a licuni' L' L' ift relation Ve- tl» company ef- branch offico. t4» licon '.o numbe r given to tfee origmal hconooe ef a company may l*e retained W t4»t-company &f branch otfice. at- Ae discretion e4^y** Committee. aft4 upon written request Viithin taa days fvf such change. (-b^ It shall be the responsibility of each Licensee and certified apphcator to inform the committee Conimittee secretars, in wnting, on a form pre-scnbed by the Di\ision. and within 10 days, of any change in employment status, including but not limited to: (1) change from one emplo\er to another, (2) change of business address, (3) change of company name, (4) change of telephone number, (5) sale of business, (6) discontinuance of business, (7) change of business location, (8) change of resident agent. Statutory Authority G.S. 106-65.29. .0329 EXPIRATION OF LICENSES .\ND CARDS 1574 6:21 NORTH CAROLINA REGISTER Eebnmry 3. 1992 PROPOSED RULES (a) Any licensee whose license expires and is subject to reexamination pursuant to G.S. 106-65. 31(b) shall meet all the requirements for licensing prescribed in G.S. 106-65.26 and Rule .0302(a) and (c] of this Section. (b) Any certified applicator whose certified applicator's identification card expires and is subject to reexamination pursuant to G.S. 106-65.3 1(a) shall meet all the requirements for certification prescribed in G.S. 106-65.26 and Rule .0302(b) and (c) of this Section. Statutory Authority G.S. 106-65.29. SECTION .0400 - PLBIJC SAFETY .0406 SPIEL CONTROL Licensees and certified applicators shall main-tain spill control materials and'or equipment at aU locations used to store pesticides and on aU service \chicles used to transport pesticides. Statutory Authority G.S. 106-65.29. SECTION .0600 - WOOD-DESTROYING ORGANISMS AGREEMENTS .0601 AGREEMENTS (a) Before any work treatment is started, the licensee or his authorized agent shaU be ro 'jpon oiblo fof executing execute, and furnish to the prope^t\^ owner or his authorized agent, a wntten Qgroomont with, aft4 proposal informing m detail, the property owner or his authorized agent, in detail, as to the type and quality of work that is to be performed, under Vb* agreement. The written proposal shall contain that information specified in Rule .0605 of tliis Section and, upon written acceptance by the property owner or au-thonzed agent, shall suffice as a written agree-ment. (b) The licensee or his authorized agent shall. within 14 days of beginning a treatment, execute a wntten agreement with the property owner or his authon/.ed agent in conformance with Rule .0605 ot this Section. Dunng the J_4 day pcnod. the Division will use the wntten proposal as its standard of enforcement. Following the 14 day period and in the absence of an executed wntten agreement, the Division will apph' Rule .0503, .0505 or .0506 of this (Chapter, as applicable, as its standard of enforcement. Statutory Authority G.S. 106-65.29. .0602 WOOD-DESTROYING INSECT AND OTHER ORG.4N1SM REPORTS (a) Bot'.voen September +t 1^87 afi4 Januap; ' 3-^ 198 8, aay /Vny written statement as to the pres-ence or absence of wood-destroying insects or their damage in buildings or structures for sale shall be on either IIUD Fonn -rver 92053 Bf the WDIR 100. As »f FobruuPr r ^ W8^ ©ftiy WDIR +00 sfeatt be accepted f»f ««e by Ae Committoo. Incomplet e An incomplete or inac-curate Wood- Destroying Insect Reportii Infor-mation Report shall not be acceptable and the issuance of such reports a report is grounds for disciplinary action by the committeo. Commit-tee. No Wood- Destroying Insect Report o Infor-mation Report or Wood- Destroying Organism Reports Report shall be issued before an in-spection of the building or structure is made. Each Wood- Destroying Insect Information Re-port issued by a licensee shall be kept in the files of said licensee and made available at- the for in-spection upon request of the enforcement agency, fof inr.pection. Division. (b) If during the inspection of a structure, a licensee or his authorized agent finds Uve subter-ranean termites or visible evidence of past or present infestation of subterranean termites (such as tubes, damage, cast wings, infested wood scraps or other cellulose materials, etc.) in the structure and there is no visible evidence that said structure has been treated for subterranean termites, the hcensee shall treat said structure for subterranean termites prior to the issuance of a Wood- Destroying Insect Report on the structure which states that the stnicture is free from sub-terranean termites. (c) A licensee, certified applicator or registered technician shall not remo\e or destroy any wood-destroying organism evidence discovered in, on. under or in or on debns under a structure inspected pursuant to this Rule except as re-quired by Paragraph (b) of this Rule. Statutory Authority G.S. 106-65.29. .0603 WAIVERS (a) If there are any deviations or omissions from the minimum requirements for the control and/or prevention of wood-destroying organisms or pests, as hereinbefore set forth, each require-ment omitted shall be fuUy explained, in writing, prior to any work being done, on the waiver fomi(s) prescribed by the Committee, bear tlte written appro'idl ef t4*e property csner ef h» authoni'ed age nt, &ft4 r. hall be made a- permanent prtrt »f y*e wntten agreement. (b) The waiver must be prepared in accordance uilh Rule .(1601 of this Section and, upon wntten acceptance by the property owner, shall become a permanent part of the written agreement. 6:21 NORTH CAROLINA REGISTER February 3, 1992 1575 PROPOSED RULES (c) fb^ Incomplete and retroactive waiver forms shall not be accepted unless approved by the Committee or its authorized agent. Statutory Authority G.S. 106-65.29. .0604 WOOD-DF.STROYING ORGAMSMS RECORDS (a) A duplicate of each written proposal for the control ot' wood-destroNinu oruanisms and waiver (_if applicable) shall be kept by the licensee for a minimum of six months from the date executed bv the licensee or his authony.cd at;ent. (b) (^ A duplicate of each wntten agreement and wai\'er (if applicable), including wood diJt:itroying inaect roporta ef Vi ood de stroying organinm reports, for the control and or pre-vention of any wood-destroying organism shall be kept by the hccnsee for a minimum of two years beyond the expiration date of the written agreement. The duplicate of each written agree-ment shall contain, in addition to the information specified under Rule .0605(a) or Rule .0605(d) of this Section, the foUowiiig: (1) HPA approved brand name of pesticide used; and (2) Information required by EPA. (c) A duplicate of each wood-destroving insect or wood-destro\ing organism report shall be kept bv the licensee for a mmimum of two vears be-vond the date of issuance. (d) fb^ Non-commercial certified applicators shall maintain the following records for two years beyond the last date of treatment: (1) EPA approved brand name of aU pesti-cides used; (2) Target pest; (3) Site of application; (4) Date of application; and (5) Infonnation required by EPA. Statutory Authority G.S. 106-65.29. .0605 CONTRACTl AL AGREEMENTS FOR VVOOD-DESTROMNG ORGANISMS (a) All agreements for the control and or pre-vention of wood-destroying organisms in existing structures shall be in wnting A copy »f A# writ teft agrooment aft4 Vi ais-jr ftf applicable) partain iftg te- sai4 truatmL' nt( ';i ) shall be presented to aft4 fumi''hed tl+e property owner ef fe uuthon/ed agent, fof acceptance , and shall clearl)' set forth &f and include the following: (1) Date property was inspected and full name of the inspector: (2) Exact location of property inspected and/ or treated; (3) Complete name and address of the prop-erty owner or his authorized agent; (4) Complete name and address of the licensee; (5) License number and phase(s) of the licensee and fuU name of company licensee represents; (6) Signature of licensee or his authorized agent; (7) For existing structures, the written agree-ment shall include a foundation diagram of the structure(s) or portions of such structure(s) inspected. The diagram shall clearly indicate and make fuU disclosure of the location of individual water sources, any visual e\idence of wood-destroying organism infestation, whether it be active or inactive, and visibly damaged timbers; (8) The date upon which the written agree-ment is entered into and the period of time covered by the written agreement; (9) The written agreement must clearly indi-cate, by complete not abbreviated com-mon name(s), the wood-destroying organism(s) to be controlled and/or pre-vented, and covered under the written agreement; (10) \\Tiether or not reinspections are to be made and, if so, approximate time interval between, and renewal fees for same; (11) Conditions under which retreatments wiU be made; (12) Total price to be charged for treatment service, and for repairs or excavations, where such are to be performed; (13) The written agreement, waiver (if appli-cable) and Wood- Destroying Insect Re-port or Wood- Destroying Organism Report, shall not show or include the ad-dress and telephone number of any licensee's representative or employee other than the address and telephone number of those specitied in Paile .0605 Subpara-graphs (a)(3), (4), and (5) of this Section; Rule; (14) Any licensee or business entity advertis-ing to be bonded shall advise each cus-tomer, in writing, in the proposal, whether or not the contract or written agreement will be covered by a bond of any type; ( 1 5) If the performance of the work is guar-anteed by a bond, the obhgation of the bond shall set forth specifically such items as necessary retreatments, timber replace-ments, etc., in wording identical to that in the bond itself: (16) Rule .0501(a) of Section Mm this Chapter shall also be followed. 1576 6:21 NORTH CAROLINA REGISTER Eebruary 3, 1992 PROPOSED RULES (b) A structure or structures co\'cred by a con-tract for wood-destroying organism{s) treatment shall not knowingly be placed under an addi-tional contract for the same treatment while the first contract is still in effect. (c) When periodic reinspections or retreatments are specified in written agreements for the control or prevention of wood-destroying organisms, the licensee shall issue to the property owner or his authorized agent, after each reinspcction or re-treatment, a signed report of each rcinspection or retreatment showing the condition of the property with respect to the presence or absence of wood-destroying organisms. A record of such reinspections and retreatments shall be kept in the file of the licensee. Such reports shall be subject to inspection by the enforcement agency or committee. (d) All agreements for the trocitmont. e* control and or prevention of i .ubtorranijim tormito', e* other wood-destroying orguni j.m organisms in buildings under construction shall be in wnting A copy »f t4*e oxoculod written agroomont fxM^ tuining te •«+4 treat mL' nt(!i) f. hall l**» pre '.ontod t» aft4 fumii'hed ^kt» property owner t»f fe author h^ agent , fof acceptance, and shall clearly set forth and include the following: (1) Date of fmal treatment and period of time covered by the written agreement; (2) Exact location of the treated property; (3) Complete name and address of the prop-erty owner or his authorized agent; (4) Complete name and address of the licensee; (5) License number and phase(s) of the licensee and fuO name of company licensee represents; (6) Signature of bcensec or his authorized agent; (7) The written agreement must clearly indi-cate, by complete not abbreviated com-mon name(s), the wood-destroying organism(s) to be controlled or prevented, and covered under the written agreement; (8) Whether or not reinspections are to be made and if so, approximate time interval between, and renewal fees, if any, for same; (9) Conditions under which retreatments wUl be made; (10) Total price to be charged for treatment ser\'ice; (11) Any licensee or business entity advertis-ing to be bonded shall ad\ise each cus-tomer, in writing, in the proposal, whether or not the contract or written agreement win be covered by a bond of any type; (12) If the performance of the work is guar-anteed by a bond, the obligation of the bond shall set forth specifically such items as necessary retreatments, timber replace-ments, etc., in wording identical to that in the bond itself; (13) Rule .0604(a) of this Section shall also be followed. (e) If the licensee provides preventive treatmcnt(s) for subterranean tennites to a structure(s) for someone such as a builder or construction company who is constructing the buLlding(s) for someone else or with the purpose of offering the building(s) for sale, the licensee may enter into a single master agreement with the builder to provide the preventive treatment(s) for subterranean termites. This single master agree-ment shall include the following: (1) Complete name and address of the builder, or his authorized agent; (2) That information required in RuIog .0605 Subparagraphs (d)(4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) of this Section. Rule. (f) When a structure is treated under an agree-ment with a builder, the licensee shall: (1) Following completion of the treatment, and upon notification by the builder or buyer, issue a written agreement to the initial buyer. The written agreement is-sued to the buyer shall include the fol-lowing; (A) Complete name and address of the buUder, or his authorized agent as it ap-pears on the builder's agreement; (B) That information required in Rule' , . Mf^ Subparagraphs (d)(1), (2), (3), (4), (5), (6), (7), (8), (9), and ( 1 1) of this See-tion. Rule. The buUder shall be issued a copy of any written agreement issued the buyer. (2) Maintain a record of each treatment per-formed on each structure to include the following information: (A) L-.xact location of the stmcture treated; (B) Date each treatment was performed; (C) The portion(s) of the structure treated. Statuton Authority G.S. 106-65.29. SECTION .0900 - DUTIES .\ND RESPONSIBILITIES OF LICENSEE .0902 UN ANCIAL RESPONSIBILITY 6:21 NORTH CAROLINA REGISTER Eebiiiaiy 3, 1992 1577 PROPOSED RULES (a) Structural pest control licensees shall obtain and maintain financial responsibility by general li-ability insurance with operations in progress and completed operations included and minimum limits equal to or greater than the minimum limits outlined in Rule .0W2 Paragraph (b) of this Section. Rule. Any hcensee subcontracting work shall also obtain owner's and contractor s protective insurance. (b) .Minimum limits: (1) Single limit: PropcrtN Damaae $100,000 Each Occurrence Bodilv injur.' " $300,000 Each Occurrence (2) Combined limit: $400,000 Each Occurrence (c) Each applicant for a license in any phase of structural pest control shall show evidence of his fi-nancial abilit\ to properly indemnify persons suffermg from the use or appUcation of pesticides in the form of a Certificate of Insurance, completed by the insurance company with the licensee as the named insured and with the Division named as a certificate holder. (d) 1 he Certificate of Insurance shall clearly set forth the type of coverage, limits of liability, and any exclusions of the policy and shall ha\e attached a copy ef cither ondorvL'inont G4- 04 4-^ »f GG 04- %Q-Bf other LUibL'Oquent 'iV' ^uicidL' ef I iL-rbicidc j\pplioator Coverage" endor'.cmont approved h^ tfe^ North Carolina Department ef Inouranco ' ishich provider fof pollution aH4 contamination coverage, an endorsement which indicates that the policv pro\'ides coverage for any pollution and or contamination occumng as a rc^ult of the use or application of anv pesticide bv the name insured or anv employee of the named insured. (e) The license applicant shall be responsible for the submission of the Certificate of Insurance to the Division as specified in Rule .0002 Paragraphs (c) and (d) of this Section. Rule. No license shall be issued, re-issued, or renewed unless or until said Certificate of Insurance is received by the Di\ision. (f) The insurance policy(s) shall be with companies licensed, or otherwise approved to do business in North Carolina, by the NC Department of Insurance. The insurance policy shall be in full force and effect during the entire period co\ered by the license certificate. The license shall expire at expiration or upon reduction of the policies below minimum requirements or cancellation thereof Such expired hcense shall only be reinstated upon satisfactor*' proof from the hcensee that he has obtained the re-quired fmancial responsibility coverage. (g) ?4i licen^'ee rhall &w? at- least 44 days notice , h^ registered mail. t+* the Division a* a condition pre c ede nt ^ Ae cancellation bv t4*t» insurer, matenal change t*f cancellation l*v ti^e msure d: and. tf such condition i^ fte4- satisfied, any CLUicellation t+f attempted cancellation shall be null, ' i oid. aft4 evf we- elfect. 4ft addition. t4+e licensee shall gwe notice te- Ae Division ef afty reduction m- property damage &f bodily injury coverage be lo'iv Ae- minimum limits. The insurance required bv this Rule shall include the fol-lowing cancellation or polic\' modification clause: "Cancellation or anv matenal change m the policy adversely aft'ccting the interest of the State of North Carolina m such insurance shall not be etfecti\e until j^ da\s alter wntlen notification thereof to the North Carolina Structural Pest Control Duision." E\idence of compliance shall be included on anv Certificate ot Insurance. (h) No structural pest control license shall be issued to any person where there exists an outstanding and unpaid fmal judgement against said person resulting from any civil suit arising out ot damages suffered by a plaintiff as the resuU of a misuse of a pesticide by said person. rVny current and valid stmctural pest control license shall become null and void ISO days following the imposition of a fmal judgment awarding damages to any plaintiff resulting from a civil suit arising out ot losses suffered as the result of a pesticide misuse by the holder of said license unless the final judgment is settled in fuU within said ISO days. (i) The Committee may accept other evidence of financial responsibility. (j) Pv.ule .0902 Paragraphs (a) through (i) of this Rule shall not apply to any indi\idual holding an inactive hcense as defined by Rule .0102(29) of this Chapter. Slalutoty Authority G.S. 106-65.3'^. SECTION .1000 - TIME FOR FHTNG licensee or certified applicator for a violation of CO.MPL.VINTS Rule .0503. .11505 or .051)6 ot' tins Chapter after two years from the act or omission that occurred .1001 TIME FOR FILING COMPL.AIN'FS during the initial treatment or after the expuation (ai No disciplinary action agamst a Hcensee. of thtT structural pest control contract, whichever employee &f a lic ensee w ce rtifi ed applicator shall jj ,he kriefr e.xcept O^rt vhA respect to discipli be commenced against a licensee, employee of a f^^p^ action alleang a violation ef GrSr L\S 6:21 yORTH CAROLLYA REGISTER Ecbviiary 5, 1992 PROPOSED RULES 106 65.3Ni(a)( ' 1). tfee action f.hall W commoncod within twe- ycarr. from tb«» di 'icovepi ' hf i\rt% CommittL't' trf tbe allogod facts conotitutLng tiw fraud ef mioropropontation. latter. (b) Fxcept as specified in Paragraph (a) of this Rule, no disciplinary' action shall be commenced against a licensee, employee of a licensee or cer- ISdB-i*^. If a subpoena is issued at the request tificd apphcator after two years from the date of the discoyery of the act or omission that consti-promptly determine whether to grant or deny intervention and shall so notify the petitioner and all parties in wnting. (c) The authority of the Committee to issue or revoke subpoenas m preparation for, or in the conduct of, contested cases is governed by G.S. tutes a \iolation of these Rules or the .Structural Pest Control Act. of a party and not on the Committee's own mo-tion, that partN shall hear the cost of service. Statutory Authority G.S. 106-65.29. SECTION .1200 - ,\DMIMSTR.\TIVE HEARINGS: CONTESTED CASES .1201 NOTICE OF HEARING; ANSWER (a) The contents and manner of ser\'ice of no-tice of heanng in contested case shall be as pre-scribed in C3.S. 15nB-3S(b) and (c). (b) An\ part\ who has been served with notice of hearing may fde a wntten response as pre-scnbcd m G.S. 15(JB-38(d). Statutory Authority G.S. J 06-65.29; 150B-3S. .1202 RIGHT TO HEARING (a) Contested Cases. Disciplinary proceedings to eniorce the provisions of the North Carolina Structural Pest Control Law and 2 NCAC 34 are deemed to be "contested cases" within the meaning of G.S. 15IJB-2. and any person subject to such proceedings shaU be given notice and the opportumt\- to be heard. (b) Summary Suspension. Nothing \sithin Paragraph (a) of this Rule shall abndge the nght of the Committee to summanlv suspend a h^ cense, a certitied applicator's card or a registered technician s identiiication c:ird pnor to heanng pursuant to G.S. 15()B-3(c). Statutory' Authority G.S. 106-65.29; I50B-3S. .1203 LOCATION OF HEARING The location of the hearing in a contested case shall be as prescribed m G.S. 150B-38(e|. Statutory .Authority G.S. 106-65.29; I50B-38. .1204 DISCO\ ERY; IN\ ENTION; SLBPOEN.\S (a) Parties in a contested case may engage in disco\er\' pursuant to the pro\ isions of the Rules of Civil Procedure. G.S. 14-1. (b) 1 he intervention of persons not initiaUv parties to a contested case is go\emed by G.S. 15()B-3S(f). Petitions or motions to intervene must be in wnting. The Committee shall Statutory Authority G.S. 106-65.29; 150B-3S. .1205 CONDI CT OF HEARING (a) Hearings in contested cases shall be con-ducted by a majoritN" of the Committee. The Chairman shall serve as presiding otTicer unless he is absent or disqualified, in which case the Vice-chairman shall preside. 1 learings shall be conducted as prescribed bv G S. 150B-40. (b) Disqualification. An affidavit seeking dis-qualification of any Committee member, if tiled in good faith and in a timeh' manner. wiU be ruled on bv the remaining members of the Committee. An aftida\it is considered tunely if it is tiled: ( 1 ) Pnor to the hearing; or (2) As soon after the commencement of the hearing as the atfiant becomes aware of facts which ,gi\'e rise to his belief that a Committee member should be disquali-fied. (c) I-\idence. The admission of e\idence in a hearing on a contested case shall be as prescribed in G.S. 150B-41. Statutory Authority G.S. 106-65.29; 150D-3S. .1206 DECISION OF BOARD (a) The form and content of the Committee's decision in a contested case shall be prescribed by G.S. 15(~B-42(a). and its decision shall be served upon the parties m a manner consistent with said statute. (b) The official record of the hearing in a con-tested case shall contain those items specitied in G.S. 15()B-42ib). Statutory .Authority G.S. 106-65.29; 150B-3S. TITLE 4 - DKPAR IMENT OF ECONOMIC AND COMML Nil V DE\ ELOP.MENT J\ otice is hereby gi\-en in accordance with G.S. 150B-2I.2 that the .VC Dept. of Economic & Community De\'e/opment, Dtiision of Communitv Assistance intends to amend nde(s) cited as 4 .VC.-IC 19L .0103, .0401. .0403. .0404. .0407, 6:21 NORTH CAROLINA REGISTER February 3, 1992 1579 PROPOSED RULES .0904, .1202. .1301 and to repeal rule(s) cited as 4 NCAC I9L .070 1 -.0702 and .0705. 1 he proposed effective dale of this action is May J, 1992. 1 nstmctions on how to demand a public hearing: Written requests for a Public Hearing must be received by February 17, 1992. Written requests should be sent to Bob Chandler, Director, Division of Community Assistance. 1307 Glenwood Ave-nue, Raleigh. NC 27605. IXeason for Proposed Action: This proposed action is necessary to enable the Division of Com-munity Assistance to facilitate the implementation of the Community Development Block Grant Pro-gram in aid of which the Rules were adopted. \^ omment Procedures: Oral or written com-ments will be accepted until March 3. 1992. Written comments should be sent to Bob Chandler, Director, Division of Community As-sistance, 1307 Glenwood Avenue. Raleigh. \C 27605. Oral comments should be directed to Gail Brock (9/9) 733-2850. CFIAPTER 19 - Dl\ ISION OF COMMLMTY ASSISTANCE SUBCHAPTER I9L - NORTH CAROLINA COMMLNITY DEVELOF'MENT BLOCK GRANT PROGRAM SECTION .0100 - GENERAL PROVISIONS .0103 DEFINITIONS (a) "Act" means Title I of the Housing and Community Development Act of 1974, P. L. 93-383, as amended. (b) "Applicant" means a local government which makes application pursuant to the pro-visions of this Subchapter. (c) "CDBG" means the State-administered Community Development Block Grant Pro-gram. (d) "Chief Elected Official" of a local govern-ment means either the elected mayor of a city or the chairman of a county board of commission-ers. (e) "Community Development Program" means the annual program of projects and activ-ities to be carried out by the appUcant with funds provided under this Subchapter and other re-sources. (f) "HUD" means the U.S. Department of Housing and Urban Development. (g) "Local Government" means any unit of general city or county government in the State. (h) Low-income families are those with a fam-ily income of 50 percent or less of median-family income. Moderate-income families are those with a farruly income greater than 50 percent and less than or equal to 80 percent of median-family income. For purposes of such terms, the area involved and median income shall be determined in the same manner as provided for under the Act. (i) "Low- and Moderate- Income Persons" means members of families whose incomes are within the income limits of low- and moderate-income families as defmed in Paragraph (h) of this Rule. (j) "Metropolitan Area" means a standard metropohtan statistical area, as established by the U.S. Office of .Management and Budget. (k) ".Metropolitan City" means a city as de-fmed by Section 102(a)(4) of the Act. (1) "Department" means the North CaroUna Department of Fconomic and Commuruty De-velopment. (m) "Project" means one or more activities addressing either: (1) community revitaUzation needs, or (2) economic development needs, or (4) do'i olopmijnt planning noods, e* (4) (3) development of aew aft4 innovative approachoo te affordable housing for per-sons of low- and moderate-income, or fS^ (4| urgent needs of the applicant, (n) "Recipient" means a local government that has been awarded a Community Development Block Grant and executed a Grant Agreement with the Department. (o) "Secretary" means the Secretary of De-partment of Economic and Community Devel-opment or his designee, (p) "State" means the State of North Carolina. (q) "Urban County" means a county as defmed by Section 102(a)(6) of the Act. Authority G.S. 143-323; 143B-10: 24 C.F.R. 570. 4S9. SECTION .0400 - DISTRIBUTION OF FLNDS .0401 GENERAL (a) The Department shall designate specific dates for submission of grant appHcations under each category except for Urgent Needs. Urgent Needs applications may be submitted at any time, but other grant application submission dates will be announced by the Department at least 45 days before the date applications are due. 15S0 6:21 AORTH CAROLINA REGISTER February 3, 1992 PROPOSED RULES (b) In cases where the Department makes a procedural error in the application selection process that, when corrected, would result in awarding a score sufficient to warrant a grant award, the Department may compensate that applicant with a grant in the next funding cycle. (c) Applicants can apply for funding under the grant categories of Community RevitalLzation, Economic Development, Dovolopmont Planning, Housing Development, Interim Assistance, Ur-gent Needs, and Community Investment for Economic Opportunity. Applicants shall not apply for Contingency funding. Contingency awards will be made to eligible applicants in Community Revitalization, Economic Develop-ment, and Housing Development a«4 Develop mont Planning categories. Authority G.S. 143-323: I43B-I0; 24 C.F.R. 570.489. .0403 SIZE AND USE OF GRANTS MADE TO RECIPIENTS (a) There is no minimum grant amount which applicants may request or be awarded. Grant awards made to any one recipient shall not ex-ceed the following amount in each grant cate-gory: Community Revitalization - si* hundred thousand dollaro ( S6(in.000); - one million dollars ($1.001), 000): Economic Development - six hun-dred thousand dollars ($600,000); Development Planning - five thouL.and dollars ($5,000); Hous-ing Development - two hundred fifty thousand dollars ($250,000) or funds available; Urgent Needs - Fieson hundred fifty thousand dollaro ($750,000); -_ SIX hundred thousand dollars ($600.000); Interim Assistance - seven hundred fifty thousand dollars ($750,000) for projects designated to be completed within 36 months from the award date, and four million dollars ($4,000,000) for projects designated to be com-pleted within 18 months from the award date; Contingency - six hundred thousand dollars ($600,000); and Community Investment for Economic Opportunity - seventy-five thousand dollars ($75,(300). Applicants shaU not have a project or combination of projects, under active consideration for funding which exceeds se'. en hundred fifty thousand dollars ($750,000) one million three hundred thousand dollars ($1.300.000). except for Interim Assistance and Urgent Needs projects, (b) No local government may receive more than a total of GCi en hundred fifty thousand tk»l-hf% ($750,000) one million three hundred thou-sand dollars ($1.300.000) m CDBG funds in the period that the state distributes its annual HUD allocation of CDBG funds; except that local governments may also receive up to oovon hun dfe4 fifty thousand doUaro ($750,000) six hun-dred thousand dollars ($600,000) for a project that addresses Urgent Needs and up to four million dollars ($4,000,000,) in Interim Assist-ance funds in addition to other grants awarded during the same time period. (c) Community Revitalization applicants may spend no more than 15 percent of their total grant amount to fmance local option activities. Eocal option activities are ehgible activities which do not need to be directly related to proposed projects; however, job creation activities are not eligible local option activities. Local option ac-tivities will not be competitively rated by the Department, but may be limited to activities specified by the Department in application guideUnes and instructions; ho'ivever, each local option project must show that: (1) At least fifty-one percent of the CDBG funds proposed for each activity wiU ben-efit low- and moderate-income persons; and (2) CDBG funds proposed for each activity win address the national objective of ben-efiting low- and moderate-income per-sons, or aid in the prevention or elimination of slums or blight. (d) Except fof Dcolopment Planning projects. Applicants may budget and expend no more than 18 percent of the sum of funds requested and program income for administration and planning activities for each project. The Department may review grant requests to determine the reason-ableness and appropriateness of all proposed ad-ministrative and planning costs. Notwithstanding Rule .0910 of this Subchapter, grantees may not increase their approved plan-ning and administrative budgets without prior Departmental approval. (e) Applicants may spend CDBG funds in those areas in which the applicant has the legal authority to undertake project activities. (f) Grants to specific recipients will be provided in amounts commensurate with the size of the applicant's program. In determining appropriate grant amounts for each applicant, the Depart-ment may consider an applicant's need, proposed activities, aU proposed administrative and plan-ning costs, and abihty to carry out the proposed activities. Authority G.S. 143-323; I43B-I0; 24 C.F.R. 570.4S9. .0404 GR.\NT C.VTEGORY ALLOCATION (a) Each program year funds will be reser\'ed for each grant category'. Eunds awarded to local 6:2 1 NOR TH CAROLINA REGIS TER February 3, 1992 1581 PROPOSED RULES governments will be reserved for each grant cate-gory as follows: Up to five percent of the grant will be awarded for Housing Development aft4 Do'i ulc^pmont Planning grants, ef which a max imum trf i iixty th(m' . .and dollar; ' . (^60,000) mw !*«» a^sarded fof Dci olopmont Plunnmg grant a. In addition, up to five percent will be set aside for Urgent Needs grants and Contingency awards and up to twenty percent will be set aside for Economic Development grants each year. The remaining funds will be distributed by the Divi-sion of Community Assistance to Community Revitalization grant apphcations. (b) Awards will be made for Interim Assistance from funds available in the state's allocation in accordance with Rule . 1 504 of this Subchapter. (c) Up to one milhon dollars ($1,000,000) of funds that are rocapturc recaptured from previous CDBG grants by the state r.huU may be used to make additional grants in the llousmg Develop-ment category. Authority G.S. / 43-323: 143B-I0; 24 C.F.R. 570.489; 24 C.F.R. 570.491. .0407 GENER.M. .VF'PLICATION REQIIKEMENTS (a) Local governments arc required to submit applications in a manner prescribed by the De-partment in order to be considered for funding. Selection of applications for funding wiU be based primarily on information contained in the application; thus applications must contain suffi-cient information for the Department to rate them against the selection criteria. All apphcants are required to address their projects to one of the foUowing grant categories: Community Revitalization, Economic Dc\elopment, Devt' l opmunt Planning, Housing Development, In-terim Assistance, Urgent Needs, or Commumty Investment for Economic Opportunity. Apph-cants may apply in more than one grant category, apply for several projects in the same grant cate-gory, and have more than one project approved, providing the total grant apphcation and award does not exceed the maximum limits described in Paragraphs (a) and (b) of Rule .0403 of this Sec-tion. Applicants shaU submit an application that describes each project in detail. (b) Apphcations must be received by Depart-mental administrative offices in Raleigh before 5:00 p.m. on the submission date or sent by mail and postmarked on the submission date. (c) Applicants must provide citizens with ade-quate opportunity for meaningful involvement in the development of Community Development Block Grant applications. The applicant shall provide adequate information to citizens and hold a pubhc hearing at the initial stage of the plarming process. Pnor to the submission of the application the apphcant must hold a second public hearing. Specific citizen participation guidelines are described further in Rule .1002 of this Subchapter. If the Department is aware of an apphcants failure to meet these citizen par-ticipation requirements, the Department may not rate the apphcation. (d) The Department may submit all CDBG applications and environmental review records as required by the National Environmental Pol-icy Act and the State Environmental Policy Act to the State Clearinghouse of the Department of Administration for review and comments. The Department may require each applicant to sub-mit a written description of how the apphcant proposes to address each comment received from the State Clearinghouse. (e) The apphcant shall certify to the Depart-ment that it will comply with all apphcable fed-eral and state laws, regulations, rules and Executive Orders. Copies of these federal and state requirements are available for public in-spection from the Division of Community As-sistance. (f) Apphcants must comply with the Housing and Community Development Act of 1974 as amended, all applicable federal and state laws, regulations, rules. Executive Orders and guide-lines issued by the Department. (g) Apphcation requirements described in this Rule .0407 do not apply to Urgent Needs grants, except for Paragraphs (a), (d). (f) and (g). (h) Apphcations submitted for Economic De-velopment projects under Section .1400 of this Subchapter may be rated or funded for up to 90 days from the date of original submission. In addition, for applications that met the require-ments of .0407(c) and .1002 of this Subchapter at the time of original apphcation submission and in which the original project has not been changed significantly, there shall be no additional pubhc hearing requirements during the 90 days. The Department shaU detcrmme whether signif-icant changes have been made in a proposed project. (i) Apphcations for CDBG assistance under the Economic Development category must be sub-mitted with adec^uate e\idence that both public hearings were held in accordance with Rule .1002(b) of this Subchapter. Authority G.S. 143-323: 143B-I0: 42 L'.S.C.A. 5304(a); 24 C.F.R. 570.489. SECTION .0700 - DEVELOPMENT PLANNING PROJECTS 1582 6:21 iXORTH CAROLINA REGISTER February 3, 1992 PROPOSED RULES .0701 DEFINITION DL"i L'lopmL'nt Planning grunts are provided te ariL . i -jt le«ti govommL'nt'j te dovt'lop appropriato Planning grants ohall tn* w«»4 ©ftiy te support those udminiotrativo aH4 planning acti'iitioo tfeat-witt rL' sult ift projocls that afe oligiblo fof CPDG funding ift tl*e futurL* . Authoritv G.S. 143-323; I43B-I0; 42 U.S.C.A. 5301: 24 C.F.R. 570.489. .0702 ELIGIBILITY REQLIREMENTS f*^ Applications fof DuvoloprriL'nt Planning funds must show Aa4 a project dovolopod aft4 fundod i» tfet» futuro as a rosult ©fa Dovolopmont Planning grant v4H- pnmarily bL'OL' fit low aft4 modoratL' income persons. Applicants that- de fiet- mijut tfe requirement vriii m»t- t*e rated »* funded. ffe4 i\ppLicants shall have tth* capacity te- a4- minister a Community Do'i elopment Block Grant program. 4-he Department may oxamino tl*e folloviiing areas *« detennine performance : f4-^ audit aft4 monitonng rindings ©«• pre'. i ously funded Community Devolopmont Block Grant programs, aftd Ae appU ccmt's fiscal accountability a* demon strated m other state e* federal programs »f local govemment financial reports; aft4 (4f th<» fa4<* ©f expenditure ef funds aft4 a<5- compHshments m previously funded Community Development Block Grant programs. Applicants (4»t- sho'.v a k«?k- »f capacity wiii ftet- K* rat ed ©f funded. fef Appliccmts must certify t© tfee Department Aat development planning funds received witt result m a future CDBG application submitted vii ithin ^ months ©f t4te dati* ©f t^ development planning a ' sard. I pon completion ©f a devel opment planning proj ect, the Department may detemiine Aat- a resulting CDRG application i« »©<• feasible ©f appropriate. !« such case , tfee Department may waise tke rec]uireinent fof a» application » t4*e fift4 sentence ©f tte Section. Authority G.S. 143-323: I43B-I0: 42 U.S.C.A. 5301: 24 C.F.R. 570.4S9. .0705 SELECTION CRITERI.V Development Planning proj ects vwii W evalu ated against other Development Planning project proposals. jVpplications wtli be evaluated aft4 rated based ©«• the proj ect design. Three meas «fes wtH- l*e considered m evaluating project de- &igft fof a maximum score ©f 44>ft- (44 local commitment aft4 capacity; (-3) development feasibility; aft4 f^ degree t© which the project treats oovoro oommunity development noedo that have ft©t previously been addressed. Authority G.S. 143-323: 143B-10; 42 L.S.C.A. 5304(a)(1): 24 C.F.R. 570.489. SECTION .0900 - GRANT ADMIMSTR.ATION .0904 ESCROW ACCOUNTS Recipients may draw down CDBG funds and deposit them into an escrow account for private property rehabditation in order to encourage the participation of small and minority owned con-tracting frrms. Recipients shall meet the re-quirements of HUD implementing regulations contained in 24 C' . F . R . 570. Escrow accounts may he established when direct giants ©f loans aw made t© owners ©f pnvale property fof the purpose ©f property rehabdrtation. Cash with drawals fof thk purpose must he made under the foUo'ivmg terms; (4-) 44*e recipient must execute a writt en grant ©f loan agreement with the owner e4 the privat e property scheduled fof rehabilitation. f34 Recipients shall comply with Chapt er t^^rV ©f the General Statutes ©f North Carolina, entitled Tmsts aft4 Trustees. Under this Chapter recipients afer among other things, expreosly prolubited from maldng loans from aft escrow ticcount t© another account. f^ 44»e timing aft4 amount ©f a drawdown fof deposit iftto aft escrow account w4th respect t© aftv foaft ©f grant shall he subject t© the following lunitations; (a) Cash disbursements fo aa oscrovv account must meet the timine requirements set forth ift Paragraph fa^'©f R^^ 4W^ (h) 44*e deposit shall ft©t he made unless a construction contract has been executed hf the contractor selected t© 4© the reha bUitation work, affo ah work aft4 dis-bursements m payment ©f the contract afe scheduled t© he completed within 4^ months ©f less from the date e4 the de-posit. (e^ ¥he depos. it shall ft©t he made if it would result ift a» amount m the escrow account ift excess ©f disbursement needs fof Hf* t© & months from the date ©f the depo '. it. (4f 44ie drawdown ©f CDBG funds fof 4e-posit iftt© aft escrow account shall ft©t exceed the CDBG funded portion ©f the construction costs ift the rehubililiition contract, af^ shall ft©t mclude amounts fof contingencies ©f administration. 6:21 NORTH CAROLINA REGISTER Febmmy 3, 1992 I5S3 PROPOSED RULES (+)• Such L'ooro'iV accountr. may afce includo c.upplL'mL' ntul fundr. noodud to complotg the rohubilitution work 'juoh a* commitiriL'nts from a- rL'L'ouni;'.od lending in iititution, e* » grunt »f lomi from other t^edoral, Stuto. »f local rohubilitation progrumfi »^ vveli ae cu'ih providL'd l*y y*# borrower. 44*e escrow ae-count -. hall fe>e ^'Oparatij aft4 diotinct from aH-other account'j maintained hf A# block grant recipient, aft4 be fof tfee 5*4* purpose &i depo '.iting rehabilitation loan ef grant funds pk» afty such supplemental funds. (-H I' ' - 'Crow accounts may be established »» aft individual ef master account basis. A mao tef account shall provide fof adequate ae-counting t4 each owner's equity. (4) Interest income &fl- tl»e deposit ' ivhich i» Het t© be applied te- payment trf tfee contractor ef credited to the borrower ef a rehabili tut ion loan under the tenns ef the le*» e* grant agreement v^th the prope rty o'lvner, shall be treated a^ program income ef^ the block grant recipient. Authoritv G.S. 143-323: 143B-I0; 159-7 through 159-38; 24 C.F.R. 570.494; 24 C.F.R. 570.496; 42 U.S.C.A.5304fb).(dJ.(e). SECTION .1200 - COMINGENCV PROJECTS .1202 ELIGIBII ITV REQL IREMENTS Applicants must meet the respective eligibility requirements (described in either Rule .0502, .mO^ JmOr .1302, or .1402) that relate to the type of project proposed by the applicant. Authoritv G. S. 143-323: I43B-I0; 24 C.F.R. 570.489; 24 C.F.R. 570.496. SECTION .1300 HOLSING DE\ELOPMENT PROJECTS .1301 DEFfNITION Grants under this category' will demonstrate Hew- aft4 innovati'i O approaches te- housing problems &f de\'elop affordable housing oppor-tunities for low- and moderate-income persons. Authoritv G.S. 570.489. TITLE 10 143-323; 143B-I0; 24 C.F.R. DEPARTMENT OF HLM.W RESOURCES lyotice is hcrebv given in accordance with G.S. I50B-2I.2 that^' the Social Sen-ices Commission Division of Facilitv Services intends to amend rule(sj cited as 10 .\CAC 3J .2801, .3401, .3403, .34/6 and .34/8; /O NCAC 4/1 .0304, .0408, and .04/0; adopt rule(s) cited as 10 NCAC 4/1 .04/1; repeal nde(s) cited as /O NCAC 3J .3405. 1 he proposed effective date of this action is June /, /992. 1 he public hearing will be conducted at /0:00 a.m. on S/arch 4, /992 at the Disability Determi-nation Building. Room / , 322 Chapanoke Road, Raleigh. NC. ' JXeason for Proposed .Action: Rules in J^ NCAC 3J .2801, .340 1 , .3403, .3405, .34 1 6 and .34 1 8 - To repeal an unnecessary rule and amend others to reflect changes presented to the Jail Standards Task Force. Rule J_0 NCAC 411 .0304 - The amendment to this rule removes a restriction on the sharing of infor-mation when law enforcement agencies cooperate with departments of social services in the conduct of child protective sen'ices investigations. The amendment to the nde makes it consistent with current legislation. Rules J^ NCAC 411 .0408. .0410 and .0411 - These rules are being proposed Jor amendment and adoption to strengthen t/ie initiati\-e regarding community child protection teams mandated by Executive Order n/42. The tides clarify expec-tations for record keeping and confidentiality which have been identified as problematic since the formation of the teams. T/ie nde on minutes sets forth the requirement that teams comply with G.S. /32-/-9, Open .\/eetings. Ccommeni Procedures: Comments may be pre-sented in writing any time before or at the public hearing or orally at the hearing. Time limits for oral remarks may be imposed by the Commission Chairman. Any person may request copies of this nde by calling or writing to Donna Creech. Divi-sion of Social Senices. 325 A . Salisbury Street, Raleigh. \C 2''6//. 9/9.733-3055. Fiscal \ote: Rules /O \CAC 3J .280/. .340/. .3403, .3405, .34/6 and .34/8 affect the expendi-tures or revenues of localfunds. .4 fiscal note was submitted to the Fiscal Research Division on Jan-uary 8. /992, OSB.M on January 8. /992. .V.C. League of Mimicipalities on January' 8. /992. and N.C. .Association of Countv Commissioners on Januaty 8. /992. C11.\PTER 3 - FACILITV SER\ ICES 1584 6:21 NORTH CAROLINA REGISTER February 3, 1992 PROPOSED RULES SL BCHAPTER 3J - THE OPERATION OF LOCAL CONFINEMENT FACILITIES SECTION .2800 - SUPERVISION .2801 SUPERVISION (a) Officers shall make supen'ision rounds and directly observe each inmate in person at least twice per hour on an irregular basis. The super-vision rounds shall be documented. If remote electronic monitoring is used to supplement supervision, it shall not be substituted for super-vision rounds and direct visual observation. (b) Officers shall maintain voice »f vioual con taet- with ail inmateo at aW timos, aft4 it shall be through either direct oboepi ation »f by- means ei electronic nuneiilanco. In addition to the super-vision rounds required in Paragraphs (a) and (c) of this Rule, each jail shall utilize one or both of the following methods of supervision: (1) Direct or remote two-way voice commu-nication with all confinement units. (2) Visual contact either through direct ob-ser\' ation or bv means of electronic sur-veillance with all confinement units. (c) There shall be more frequent observation of inmates who are assaultive, suicidal, intoxicated, mentally iU or who have other spe-cial needs or problems. (d) Officers shall remain awake at all times. (e) Officers shall not be assigned other duties that would interfere with the continuous super-vision, custody or control of inmates. (f) Female officers shall be on duty when fe-male inmates are confmed. (g) The sheriff or the administrator of the re-gional jail shall develop a contingency plan for the supervision and control of inmates during an emergency, and that plan shall provide for the ready availability of extra personnel. (h) Inmates shall not be allowed to supervise or assume any control over other inmates. Statutory Authority G.S. I53A-22I. SECTION ..3400 - STANDARDS FOR NEW JAIL DESIGN AND CONSTRUCTION .3401 APPLICABILITY - CONSTRUCTION (a) North Carolina State Building Code - Jails must meet the requirements of the North Carolina State Building Code in elTect at the time of construction, additions, alterations or repairs. (b) New Jails - The construction standards es-tabhshed in Section .3400 shall apply to all jail construction for which the final working drawings have been approved by the Branch alter the effective date of this Rule. The operational standards in Sections .2300 through .3200 of this Subchapter will affect design options and shall be reviewed prior to submittal of working drawings. (c) Existing Jails - Existing jails shall continue to be governed by the existing construction standards which are now in Section .3700 and the same standards shall apply to new jails which have had fmal working drawings approved by the Branch prior to the effective date of this Rule. Existing jails or new jails which have had final working drawings approved by the Branch prior to the effective date of this Rule may choose to comply with any of the new construction stand-ards in Section .3400 as a substitute for existing standards on the same subject in Section .3700. (d) Additions - The construction standards es-tablished in Section .3400 shall apply to any construction that adds square footage to the building and for which the fmal working drawings are approved after the effective date of this Rule. (e) Alterations or Repairs - WTien alterations or repairs are made to an existing jail building which affect its structural strength, exits, fire hazards, electrical systems, mechanical systems, or sanitary conditions, such alterations or repairs shall comply with the standards for new con-struction established in Section .3400. Unaltered portions of the building shall be required to comply with the new construction standards in-dicated in Section .3400 only under the circum-stances specified in Paragraphs (f)-(h) of this Rule. (f) Extensive Armual Alterations or Repairs - If within any 12 month period, alterations or repairs costing in excess of 50 percent of the then physical value of the building are made to an ex-isting jaU, the entire jail shall conform to the construction standards for new jails established in Section .3400. (g) Reconstruction After Damage - If an exist-ing jail is damaged by fire or otherwise in excess of 50 percent of the then physical value of the building at the time of damage, the jail shall be reconstructed in conformance with the con-struction standards for new jails estabhshed in Section .3400. (h) Physical Value - For the purpose of this Rule, the physical value of the jail building shall be determined by the local building inspection department. Statutory Authority G.S. I53A-22I. .3403 COMPLIANCE REVIEW AND APPROVAL 6:21 NORTH CAROLINA REGISTER February 3, 1992 I5S5 PROPOSED RULES (a) The governing body shall submit copies of the following to the Branch before it begins con-struction of a new jail and before it makes addi-tions or alterations to an existing jail as defined by the North Carolina State BuUding Code: (1) three sets of schematic drawings and out-line specifications; (2) three sets of preliminary working drawings or design de\'elopment drawings and out-line specifications; and (3) three sets of completed final working drawings and specifications. (b) Upon receipt of the drawings and specifi-cations at each stage, the Branch shall send one set each to the following for their review and ap-proval: the Department of Insurance to insure compliance with the North Carolina State Building Code, and the Division of ['nviron-mental Health in the Department of Environ-ment, Health, and Natural Resources to insure compliance with the rules governing sanitation as codified in W N.C.A.C. ^-WAt Soction Mm 1 5A NCAC ISA. Section . 1 50(1 and which are hereby adopted incorporated b\' reference purou iiftt- te- G.S. 15(IB M(c). including subsequent amendments and editions of the referenced ma-terials^ A copy of this matenal can be obtained free of charge from the State Division of He:dth Ser\ices. 1 nxironmental Health Section, Post Olfice Box 27687. Raleigh, North C:aroIma 27(^1 1-7^S7. The Branch shall keep one set for Its own review and approval to insure compliance with the minimum standards for the operation and construction of jails as contained in this Subchapter. Review and comment on the drawings and specii"ications at each stage shall be made no later than 30 days after their receipt by the Branch. Staluton Authority G.S. 153.4-22/. .3405 CENTR.\L CONTROL ST.\TION te jail* AtK- ha>o <* central control station . Ae station fi hull: f44 t>e fi tratogically locatod a«4 equipped t€^ regulate aft«i monitor tfee niosenient ef tn-mutei f ttftti o nicerLi: ^ have a cocurity ver.tibule a*- it^ entrance: (44 have direct two ' ' .dy voice communication with aH- confuienu' iit unito: (rh ha'i e direct tvso ' .say voice communication ' vilh all- (^Ificei '' a* needed k+ mmnlain 'Uifety aft4 security; (^ ^ equipped v4tfe a release mechanism i» open aH- confinement HHrt dooTLi ift aft emergenc;. : (4^ have a toilet aft4 sink. Statutory .Authority G.S. I53A-22I. .3416 SAFETY EQUIPMENT In each jail the safety equipment, including in-tercoms, fire extinguishers, smoke detectors, and sprinkler heads, shall be tamper-resistant if nec-essar}" for security. Two-way voice communi-cations shall complv with Rule .2801 of this Subchapter. Statutory Authority G.S. I53A-22I . .3418 PLUMBING SYSTEMS (a) Each jail shall have a plumbing system that complies with the Commission for Health Ser-vices ft«k» 44 N.C.A.C. WA Rules 1 5A NCAC 18A, Section . 1 500 and the North Carolina State Plumbing Code, both of which are hereby adopted incorporated by reference pursuant te G.S. 1 5( I B 1 l(cj. including subsequent amend-ments and editions of the referenced matenals. A copy of J2A NCAC 18.\. Section 1500 can be obtained free of charge from the state Division of Health Services. I-n\ ironmental Health Sec-tion. Post Office Box 27687. Raleitih, North ^ Carolina 27611-7687. A copy of the North Carolina State Plumbmg Code (\'olume H of the North Carolina State Building Code) can be ob-tamed for twent\" dollars (t20.(IO) from the North Carolma Department of Insurance. Post Office Box 26387. Raleigh. North Carolina 27611. (b) Each jeul shall have a hot water supply for lavatories and showers designed to meet the usual needs of the number of inmates confmed in the jail. (c) The master control valves for the plumbing system shall be located outside the confinement units and shall be accessible to officers during an emergency. Statutory Authority G.S. IS3A-22I. CH.APTER 41 - CHILDREN'S SERMCES SUBCH.APTER 411 - PROTECTS E SERVICES SECTION .0300 - CHILD PROTECTH E SERMCES: GENER.\L .0304 RECEIMNG INFO: INITIATING PROMPT IN \ESTIGA LIONS OF REPORIS (a) The county director shall receive and initi-ate an investigation on all reports of suspected child abuse or neglect, including anonymous re-ports. (b) The county director shall make a dihgent effort to obtain the foOowing infonnation from the person making the report: 15S6 6:21 NORTH CAROLINA REGISTER February 3, 1992 PROPOSED RULES (1) the name and address of the parent, guardian or caretaker and the name of the alleged perpetrator; (2) the name and actual or approximate age of the child; (3) the nature and extent of the alleged neglect or abuse; (4) the present whereabouts of the child if not at the home address; (5) other information that the reporter has which might be helpful in establishing the need for protective services; (6) the name and address of the individual making the report. (c) When a county director receives a report on suspected abuse and decides that a law enforcement agency should be notified, the county director shall provide the law enforcement agency with the information obtained from the person making the report as outlined in (b) of this Rule, oxoopt the namo aft4 addrooo &f tb# individual malcing tke raport. (d) The county director shall promptly initiate an investigation of suspected abuse or neglect and in all cases shall initiate an investigation of sus-pected abuse within 24 hours after receiving a report and shall initiate an investigation of sus-pected neglect within 72 hours after receiving a report. (e) The investigation shall include a visit with the child and to the place where the child resides. (f) When abuse or neglect is alleged to have occurred in an institution, in addition to obtain-ing information as described in (b) of this Rule, the county director shall initiate the investigation by contacting the individual who is administra-tively responsible for on-site operation of the in-stitution and solicit the cooperation of the administration of the institution. (g) The county director must have an internal two level review, including at a minimum the worker and the worker's supervisor, prior to making a decision that information received does not constitute a report of abuse or neglect. (h) The county director must establish a proc-ess by which the person providing this informa-tion may obtain a review of the agency's decision not to accept the information as a report of abuse or neglect. The process shall include; (1) informing the person providing the infor-mation that the agency will not conduct an investigation, the basis for that deci-sion, and their right to and the procedures for obtaining such a review; and (2) designating the persons by whom and the manner in which such reviews will be conducted. Statutory Authority G.S. 7A-543; 7A-544; 1438- 153. SECTION .0400 - COMMLMTY CHILD PROTECTION TEAMS .0408 RECORDS (e) Ne community child prot ection t eam mombor wiH retain ef maintain any rooordo f^f-taining \» indisidual chonto. (^ (a) The county director shall maintain lists of participants for each team meeting and confidentiality statements signed by the team members and any invited participants. Such re-cords win be maintained according to the stand-ard administrative record retention schedule. {^ (b) Cases receiving child protective services at the time of review shall have an entry in the child's protective services record to indicate that the case was reviewed by the team. Additional entry in the record shall be at the discretion of the Director of Social Services. Statutory Authoritv G.S. 7A-544; 7A-675; 132-1; 132-3; I43B-153. .0410 CONFIDENTIALITY (a) The county director is authorized to share with the community child protection team any information available to him that is needed by the team in the execution of their duties as de-fmed by Rule .0402 of this Section. (b) Each team member and invited participant shall sign a statement indicating their under-standing of and adherence to confidentiality re-quirements including the possible civil or criminal consequences of any breach of confidentiahty. Rules regarding confidentiahty shall apply to any personal tiles that are created or maintained by any team member or invited participant. This does not preclude any agency representative from sharmg with his agency, on a need to know basis, information acquired at a community child protection team meeting re-garding a current client or referred case. (c) .Members of the team who have access to client information and fail to comply with the mles in this Section shall be denied access to confidential information and subject to dismissal from the team. (d) Any invited participant who is given access to client information during the team review and fails to comply with the rules in this Section shall be denied future participation in team reviews. (e) The county director shall not share any in-formation which discloses the identity of indi-viduals who have reported suspected abuse or 6:21 NORTH CAROLINA REGISTER February 3, 1992 15S7 PROPOSED RULES neglect to the county department of social ser-vices. Statutory Authority G.S. 7A- 544; 7A-675; IOSA-80; I43B-I53. .0411 MINLTES (a) I-\er\' community child protection team shall keep minutes of all official meetings, ex-cluding e\ecuti\'e sessions, in compliance with the open meetini^s law. These minutes shall be permanent public records and shall be main-tained according to the standard administrative record retention schedule. (b) Infonnation regarding indi\idual clients shall be discussed in e.\ecuti\c session. Any minutes generated from any exccuti\e session shall be sealed from public inspection. Statutory Authority G.S. 132-1: 132-3; 132-6; 132-9; 143-31S.9-I2. •k'k'k'k'k'k-k'k'k'k'k'k'k'k'k-k-k-k Nootice is hereby gi\'en in accordance with G.S. I50B-2I.2 that the Medical Care Commission (Division of Facilitv Services) intends to adopt rules cited as 10 \CAC 3L .0901 - .0907, .1001 - .1007, ,1101 - .1111, .1201 - .1202. .1301 - .1303. J40 J - .1402 and repeal ndes cited as 10 SCAC 3L .0111 - .0116, .0205 - .0210, .0305 - .0314, ,04/8 - .0421, .0504 - .0506. .0604 - .0605. 1 he proposed effective date of this action is July I, 1992. 1 he public hearing will be conducted at 9:30 a.m. on March 13, 1992 at the Council Building, Room 201, 701 Barbour Drive. Raleigh, ,VC 27603. Rereason for Proposed Action: To adopt ndes for licensure of home care agencies to become effec-ti\- e July I, 1992 pursuant to House Bill 168. Repeal of the Home Health rules is necessary be-cause new home care licensure ndes will cover home health agencies (refer to House Bill 168). comment Procedures: Written comments should be submitted to Jackie Sheppard, 701 Barbour Drive. Raleigh, \orlh Carolina 2^603 by .March 12, 1992. Oral comments may be given at (he hearing. CH.APTER 3 - F.\CII.ITV SERVICES SUBCHAPTER 3L - THE LICENSING OF HOME C.\RE AGENCIES SECTION .0100 - GENERAL .0111 DEFINITIONS Ti» following dofinilionfi wtU apply throughout tfei* Subchaptor: f44 "i\goncy director" moano t4*e poroon hav tftg adminir.tratiii (? rij '.pon'. ibility fof A^ ©p-oration (>f Ae home health agency. f^ "Care plan' moanfj t4*e propociod muthod developed i» writing t*y vrhich tbe agency staff piano to pro'.'ide patient ease cenice s. (4^ "Dopartmont" means tlw North Carolina Dopartmont frf Human Rooourcoo. f4) "Governing body" moans the poroon ef group &f poroou 'f ha'i ing foil legal authority afi4 ownor^.hip rer.pon' - . ibility fe* the opera tieft »f the home health agency. (4^ "Homo hoalth aide" moanCf aft individual whe rende rs as' . .islanco tt* patients fof pef-sonal 6afeafi4 other duties a* spocifiod fo t4*e f6) "Licensed practical nurse" means a person duly licensed a« such . holding a curront fo cense a* required by North Carolina statute. f?) "Occupational therapist" means a person duly licensed as such, holding a curront li-cense as required h\- North Carolina statute. fSi "Physical therapist" means a person 4«l¥ licensed a* such, holding a current license as required by North Carolina statute. fl| "Physician" means a person licensed as such, holding a current license as required for North Corohna statut e . f+O^ "Plan »f treatment" means the written orders »f a pliysicicui fof the home eafe »f the physician's patient developed fo consul tation with agency staff fl4^ "Public agency" means aftv go'i emmental Hfttt including fo+t wM- limited te^ the federal go'i omment. the state, aftv subdivisions »f the state, counties, »f municipalities. f4-3^ "Registered nurse" means a person 4t4y hcensed as such, holding a current license as required for North Carolina statut e . f444 "Social worker" means a person Vi ith a masters degree from a school ef social work approved for the Council »» Social \\'ork F ducat ion who '» eligible fof certification hy the North Carolina Certification Board fof Social Work as a Ceilified Master Social Worker. f+4) "Speech pathologist" means a person >fofo hcensed as such, holding a current license as required l*y North Carolina statut e . ffo) "Speech therap> " means prolessional vices provided for a speech pathologist. 15SS 6:21 NORTH CAROLINA REGISTER Eebiuary 3, 1992 PROPOSED RULES Statutoty Authority G.S. I3IE-I36(2): 13IE-I40. liconso. ment at afty timo as a condition ef holding ouch .0112 LICENSE Homo health agoncion nhall be liocnnod j» as-cordance with G.S. HIP 138. Public aaencioo aft4 county aft4 district hualth dt'partmantf' shall b# exempt from liconriuro aft4 liccnr.uro ruleri i» accordance with th« provioiona ©f G.S. 13 IE 136(3). Statutoty Authority G.S. I3IE-I40. .0113 APPLICATION FOR AND ISSLANCE OF LICENSE fa) Aft application fef th» operation »f a homo health aoency shall t»e ubmittod t© the depart ment prior to a license being issued. fl*| ¥he application shall include: f4^ tjhe name aft4 address &f each person hav iftg aft ownership intere st (directly m- m-directly) ef ^ percent ©f more ef the homo health agency; (-3^ tfee name afi4 address &f each oflicor aft4 director ©f tfee corporation if the homo health agency is organju^od as a corpo ration; aftd (4^ tfa» name aft4 address ef each partner ^ the home health agency i* organLwd as a partnership. fe^ rve- nevf applicant shall be issued a license untU representati'i es »t the department have conducted aft inspection »f the home health agency fof determination »f compliance with the rules contained ift this Subchapter. V *-* / 1 IIV.' UT-'J.^il 1 1 1H.TH JliLllI l"i;'LIC CT HV^Tl 1 ST^ ITT ^TtT.^1 home health agency annually. Fach license shall e.xpire at- midnight »» the e xpiration date »» the hcense afi4 is renewable upon application. (e) The licenoo shall he posted i» a prominent location accessible te- pubho view within the premises. (4^ The license shall he issued fof the premises afi4 persons named i» the application aft4 shall ftet he transferable. AW names »pi4 street a4- dresses under which the agency operates shall appear ©ft the license. k^ Prior t© change ©f ovs'nership ©f the estub lishment ©f a Hew home health auenc. . aU certif icate ©f need requirements must he satisfied. Statutory Authority G.S. I31E-140. .0114 INSPECTIONS (a^ Aftv home health agency licensed hv the department shall he subject t© proper inspections hy aft authorized representative ©f the depart fh^ I'Vny organbiation subjoct t© licensure which presents itsotf te tfee public as a home health agency, which doos set hold a lioonso, aft4 is ©f fftay he ift violation ©f -W NCAC ^ .0112 aft4 Gt^ 131E 138 shall he subjoct te proper ift-spections at afty time by authori^^ed repreoen tativoo ©f the department. («) Afty authorized repre sentative ©f the de-partmont shall make his identity known t© the porson ift charge prior t© inspection. (4) Inspection ©f medical records shall be &af- He4 ©Ht ift accordance with G.S. 131E Ml(b). fe^ Aft inspection shall be considered proper wheno'i or the purpose ©f the inspection is t© de-termine whether the agency complies w4th the provisions ©f this Subchapter ©f ' vhonever there is reason t© believe that some condition e xists which is ft©t ift accord with accepted pubhc health standards aft4 practices. Statutory Authority G.S. 131 E- 140. .0115 COMPLIANCE WITH LAWS fa} The home health agency shall he » com pliunco with aU applicable state aR4 local laws, rules aft4 regulations. (b) Staff ©t tbe home health agency shall be currently licensed ©f registered ift accordance wtth applicable laws ©f the State ©f North Carolina. Statutory Authority G.S. I3IE-I40. .0116 ADVERSE ACTION The department may deny, suspend, rovoko, recall e* amend a license ift accordance with (j.S. 13 Hi 139 fe* aftv home health awncv which sts-nificantly foWs t© comply Vi ith tbe rules contained ift this Subchapter ©f Vi hich fails t© implement aft approved plan ©f correction fef deficiencies cited by the department. A home health agency H»y appeal »Pi^ adverse decision made by the department concerning its license by making such appeal ift accordance Vrith the Administrative Procedure Act, G.S. 150i\ aft4 departmental F©les 4^ NCAC 44» Sim et se^ As provided f©f ift G.S. 1311' 112, the department ma;i' seek-injunctive relief t© prevent a privat e agency from establisliing ©f operating a home health agency without a license. Statutory' Authority G.S. 131E-140. SECTION .0200 - ADMINISTRATION .0205 AGENCY MANAGEMENT AND SLPERMSION 6:21 NORTH CAROLINA REGISTER February 3, 1992 I5S9 PROPOSED RULES f*+ -fhe go'i oming body ohall gstabliuh ^vritten policiL' G go>L'ming aH af.pcctij ef agoncy opora lion. iSuch policioo ahall fe»e asaUablo fof is-opoction by the dupartmont. (4*^ 4-^h» home ht' iilth agency 4K4i do'.ignato aft individiiul to i.ent' a« agL'ncy director. -fh^ agoncy director shall have tfee authority aft4 bs-r. ponf' ibility fof adminictrati'i' L' dirL'ction trf 4» homo hoalth agoncy. (-e+ 4-ht» homo hoalth agones •. hall d e'.ignato a: physician tvf rogir.torod nurriO to 'lupoPi i 'jO profoo oional actisitioo » pros'lduig homo hoalth oonicos ift accordanoo Vi ith Ae orde rs trf ti*e phyr.ician re-.pon^' ible f»f e«ft» »f Ae pationt aftd under a plan e4' troatmont e;.tablif.hod by such physician. (4| 1 hero shall be writton documentation ttet-spociilos tb© rosponsibilitios aft4 authonty ef tbe agency director aft4 professional supersi 'i or. fe-^ tf eith e r fvf t4+e positions (4 agoncy director »f prolossional supeniaor hocomes s'acant. At* department sliaU bt^ notified ssithin ^ hours » wnting f»f such vacancy along with tbe name &f t4+e roplacomont. tf a'i 'ailablo. fft- -t4*e agoncy director a«4 professional super s isor may be tbe same indi'i idual. fg-^ Xt4 homo health agency shall delegate k« admmistrativo a«4 supoPi isopi ' functions to as-othor agonc> 64^ organisation. fb| 4-bt» homo health agency shall ha>o ^vritten policioo vi' Kich identify tbe specific geographic area ift which tbe agoncy provides sen. ices. Whore iipplicablo. these geographic afe« policies shall be con^ustent ' .vith tbe certificate e+" need Fe-stnctions »» geographic area. Statutory Authority G.S. J31E-/40. .0206 FINANCIAL AND STATISTICAL RKCOKDS (a) Tbe home health agency sbali e stablish, maintain aft4 make available fof inspection Fe-cords t4 operating costs, amtual budgets aftd *i-tistical records. (4h -fte records shaU include at- a minimum: hours i is-orkod by a«4 salapi ' paid to agoncv efti-ployoes: pationt census info nnat ion including numbers (-4' referrals, admissions, discharges, pa-tient diagnoses aft4 other stati 'i ticcd tiatrt as pe-quired fof Ae operation »f tbe agoncy ef by tbe department. f«H Records shall be retained fr>f a period ef Bet-le^^ than frve ye ars. (4+ When a home health agoncy operates a^ a part ei' a health eafe lacility hcensed under Article ^ (4f ^ rf Gt^ l.^lb, tbe agency -^bwU niaintiiin records t4 activities afi4 o.yponditures tbat- afe separate aft4 identifiiiblo. Statutory Authority G.S. I3IE-I40. .0207 PERSONNEL («+ Written policies sbali be established aft4 implemented which control tbe exposure ef tbe patient aft4 omployoos to porsono Vritfe communicablo diseasos. Employoe health es-aminations shall include tuberculosis screening upon employment aft4 annually thereafter througliout tbetf penod ei emplo'i mont. (b) Written policioo sbaii be established afi4 implemented which include orientation aft4 ifi-sersico education. Records eft tbe subjoot ef m-sonice education m^ attendance shaU be maintained by tbe agency aft4 rotained fef at- least Bfte year. (-e-)- J+*b descriptions fe* osopi' position shaU be established m- wnting sshich include qualifica tions aft4 speoifio re sponsibilities. Individuals shall be assigned only to duties fof which tbey afe trained rtft4 competent to periorm afttb when applicable. tt+F sshich thoy afe properly hcensed. f44 I'orsonnol records shall be established afi4 maintained fo+ oach employee which mclude ed-ucation: tniining: previous e .\penence: venfica to»ft ef liconso. when applicable: other qualifications: annual performance o'. aluationo; a«4 evidence oi hoalth screening. Statutory .Authority G.S. 1 31 E- 140. .0208 ADMSOR^ GROLP OK PROFESSIONAL PERSONNEL fa^ Aft advisory group t*f professional person ftei including at- least efte phv' sician aft4 efte feg-ist ered nurse aft4 appropnato ropresontati'. ea from other professional disciplines shall: (4-f review afi4 evaluate annually agoncy poll eie* governing tfee scope ef senicos e^ ferod. admission aftd- discharge policioo, medical supervision aft4 plan ef treat mont. emergency care, clinical records, personnel quahficationo aft4 program evaluation; (-3^ advise tbe agency eft professional issues: (4) assist tbe agoncy m maintaining haioon ' ivith other hoalth eafe providers ift tbe community. (-b4 Tbe group • hall meet at least quarterly. MinutO'. ef adsisoPi group moetuigs shall be maintained by tbe agency. Statutory Authority G.S. I3IE-140. .0209 EVALUATION 1590 6:21 .\ORTH CAROLINA REGISTER February 3, 1992 PROPOSED RULES total operation nhall be carriod e+ri- at- loaot aft-nually by^ (4-^ the advinory group ef professional pef-sonnel doocribod i» Rule .0308 »f this Subchaptor, (5) agency staff aft4 consumoro, &f (4) appropriato professional persons outside t}«* agency ' vorlcing with consumers. ?4ie evaluation shall assure tbe appropriateness aftd quality ef the agency's services with findings used te- ' I'orify poUoy implementation, t» identify problems, aft4 te- establish problem resolution aft4 policy rosioion as necessary. fb-^ The evaluation must consist e( em osorall policy smd administration review. Statistical data te be assessed shall include the foUosving as a minimum: f4-^ number ef patients receiving each service; f3) number ef sisits by discipline; f^ patient diagnosis; f4) sources »f referrals; (4) numbers and reasons fof nonacooptanco (4-^ reasons fof discharge. (©) Aft evaluation »f the agency's clinical te-cords shall be carried »«t- at least quarterly by appropriate health professionals representing the scope »f the agency's program. The evaluation chnical records te ensure that agency policies afe followed i« providing sonices, both direct aftd tTTTTTCT II I I 111 I 5-,^- 1 1 1V 1 1 1 , CTTTCr tTT CTTTTmrC TTTTTT mC <-! tlUll IT ef seriico is satisfactor) aftd appropriate. The re'i iow shall consist ef a representative sample »f aH sopiices provided by the agency. (4^ Documentation ef the evaluation shall ift-clude the names »f persons curriing B+ft the evaluation, the criteria aod methods used t© ae-complish it7 aftd the action taken by the agency as a result »f the findings. Statutory Authority G.S. I3IE-I40. .0210 HOSPICE CARE ff a home health agency offers ef provides a hospice program ef care , such ser< icos shall be m compliance w4th ail provisions ef -W NCAC ¥f- (Hospice licensing Rules), with the exception ©f rules requiring a separate hospice license. Should the home health agency's hospice p*©- gram be found » non compliance svith hospice licensure rul e s »ft4 statutes, that shall be a vie-lation el their homo health agency Uconso. Ad-verse action shall be taken i» accordance with Section .0100 ef this Subchapter aH4 injunctive relief fsay be sought m accordance with North Carolina General Statute 13 IE 206. Statutory Authority G.S. I3/E-203: I3IE-206. I31E-20I: I31E-202; SECTION .0300 - SCOPE OF SERVICES .0305 SERVICE REQUIREMENTS must provide at least »fte other therapeutic se*- vico; ker physical, spoooh, &f occupational thor apyy social work sonices, e* home health aide sopiicos. The agency shall provide »f make af-rangoments fof obtaining afty necessary medical supplies, equipment ef prosthetic devices needed by the patient at homo. The agency shall be Fe-quired to provide , at least , on call skiUed nursing senicos eft a 34 hour basis, se^^en days pef week. Statutory Authority G.S. I3IE-140. .0306 ACCEPTANCE OF PATIENTS The home health agency shall implement aftd follow written policies governing the acceptance ©f patients. Considerations relevant te- the ae-ceptanco »f patients include : fi) adequacy aft4 suitability ©f agency person Hel aft4 resources t© prosido the services f%- quirod by the patient; (3) reasonable expectation that- the patient's modical, nursing, aft4 social needs ©aft be H*et adequately at home ; (4) adequate physical facditiee i» the patient's homo fof h» proper care ; aftd (4) availability ©f family ©f substituto famdy patient's care . Statutory Authority G.S. I31E-I40. .0307 NURSING SERVICES AND DUTIES fa^ Nursing soriiceo shall be provided by ©f under the supoPiision ©fa registered nurse a«4 ift accordance w4th the North Carolina Nurse Prac tke A« |