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^^r^mi>^l./^T-ltJ^il <^' I -JS , rfy^ fJsJi.L^ The NORTH CAROLINA REGISTER IN THIS ISSUE EXECUTIVE ORDERS FINAL DECISION LETTERS PROPOSED RULES Cultural Resources Economic and Community Development Environment, Health, and Natural Resources Human Resources Public Education State Personnel FINAL RULES Correction Transportation RECEIVED SEP 6 1991 LAW LIBRARY List of Rules Codified ARRC OBJECTIONS RULES INVALIDATED BY JUDICIAL DECISION ISSUE DATE: SEPTEMBER 3, 1991 Volume 6 • Issue 11 • Pages 678-721 INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE NORTH CAROLINA REGISTER The North Carolina Register is published bi-monthly and contains information relating to agency, executive, legislative and judicial actions required by or affecting Chapter 150B of the General Statutes. All proposed, ad-ministrative rules and amendments filed under Chapter 150B 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 pro-vided 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. Requests for subscriptions to the North Carolina Register should be directed to the Office of Ad-ministrative Hearings, P. O. Drawer 27447, Raleigh, N. C. 27611-7447, Attn: Subscriptions. ADOPTION, AMENDMENT, RULES AND REPEAL OF An 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; a statement of how public comments may be submitted to the agency either at the hearing or otherwise; the text of the proposed rule or amendment; a reference to the Statutory Authority for the action and the proposed effective date. The Director of the Office of Administrative Hearings has authority to publish a summary, rather than the full text, of any amendment which is considered to be too lengthy. In such case, the full text of the rule con-taining the proposed amendment will be available for public inspection at the Rules Division of the Office of Administrative Hearings and at the office of the pro-mulgating agency. Unless a specific statute provides otherwise, at least 30 days must elapse following publication of the pro-posal in the North Carolina Register before the agency may conduct the required public hearing and take ac-tion on the proposed adoption, amendment or repeal. When final action is taken, the promulgating agency must file any adopted or amended rule for approval by the Administrative Rules Review Commission. Upon ap-proval of ARRC, the adopted or amended rule must be filed with the Office of Administrative Hearings. If it differs substantially from the proposed form published as part of the public notice, upon request by the agen-cy, the adopted version will again be published in the North Carolina Register. A rule, or amended rule cannot become effective earlier than the first day of the second calendar month after the adoption is filed with the Office of Ad-ministrative Hearings for publication in the NCAC. Proposed action on rules may be withdrawn by the promulgating agency at any time before final action is taken by the agency. TEMPORARY RULES Under certain conditions of an emergency nature, some agencies may issue temporary rules. A temporary rule becomes effective when adopted and remains in effect for the period specified in the rule or 180 days, whichever is less. An agency adopting a temporary rule must begin normal rule-making procedures on the per-manent rule at the same time the temporary rule is adopted. NORTH CAROLINA ADMINISTRATIVE CODE The North Carolma Administrative Code (NCAC) is a compilation and index of the administrative rules of 25 state agencies and 38 occupational licensing boards. The NCAC comprises approximately 15,000 letter size, single spaced pages of material of which approximate-ly 35% is changed annually. Compilation and publica-tion of the NCAC is mandated by G.S. 150B-63(b). The Code is divided into Titles and Chapters. Each state agency is assigned a separate title which is fur-ther 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 ($2.50) for 10 pages or less, plus fifteen cents ($0.15) per each additional page. (2) The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is sup-plemented monthly with replacement pages. A one year subscription to the full publication in-cluding supplements can be purchased for seven hundred and fifty dollars ($750.00). In-dividual \ olumes may also be purchased with supplement service. Renewal subscriptions for supplements to the initial publication available. Requests for pages of rules or volumes of the NCAC should be directed to the Office of Administrativf Hearings. NOTE The foregoing is a generalized statement of the pro cedures to be followed. For specific statutory language it is suggested that Articles 2 and 5 of Chapter 150B a the General Statutes be examined carefully. 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, 198( refers to Volume 1, Issue 1, pages 101 through 201 o the North Carolina Register issued on April 1, 1986. North Carolma Register. Published bi-monthly by the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, North Carolina 27611-7447, pursuant to Chapter 150B of the General Statutes. Subscriptions one hundred and five dollars ($105.00) per year North Carolina Administrative Code. Published in looseleaf notebooks with supplement sendee by the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, North Carolina 27611-7447, pursuant to Chapter 150B of the General Satutes. Subscriptions seven hundred and fifty dollars ($750.00). Individual volumes available. NORTH CAROLINA REGISTER Office of Administrative Hearings P. O. Drawer 27447 Raleigh, AC 27611-7447 (919) 733 - 2678 Julian Mann III, Director James R. Scarcella Sr., Deputy Director Molly Masich, Director APA Services Staff: Ruby Creech, Publications Coordinator Teresa KUpatrick, Editorial Assistant Jean Shirley, Editorial Assistant ISSUE CONTENTS I. EXECUTrV'E ORDERS Executive Orders 147-148 678 II. FINAL DECISION LETTERS Voting Rights Act 681 III. PROPOSED RULES Cultural Resources State Library 686 Economic and Community Development Credit Union Di%'ision 683 Environment, Health, and Natural Resources Marine Fisheries 690 Parks and Recreation 693 Wildlil'e Resources Commission 692 Human Resources Economic Opportunity 689 Medical Assistance 688 Services for the Blind 686 Public Education Elementary and Secondary 694 State Personnel Office of State Personnel 696 TV. EEVAL RULES Correction Division of Prisons 700 Transportation Motor Vehicles 701 List of Rules Codified 711 V. ARRC OBJECTIONS 715 VI. RULES INA ALIDATED BY JUDICIAL DECISION 717 VII. CUMULATPVE ESDEX 719 NORTH CAROLINA REGISTER Publication Schedule (April 1991 - December 1992) Issue Last Day I^st Day Earliest + Date for for Date for Earliest Filing Electronic PubUc Effective Filing Hearing & Adoption by Agency Date +++*++*+ +*+++*++ ++++++++ +++++++* +++++++* 04-0 1/91 03/11/91 03/18/91 05/01/91 08/01/91 04/15/91 03/22/91 0401,91 05/15,91 08/01/91 05/01/91 04/10/91 04/17/91 05/31,91 09/01/91 05/15/91 04/24/91 05/01/91 06/14/91 09/01/91 06/03/91 05/10/91 05/17/91 07/03/91 10/01/91 06 1491 05/23,91 05-31 91 07/14 91 10,01/91 07 01,91 06/10/91 06/17/91 07/31 91 11/01/91 07/15,91 06/21/91 06'28/91 08 14/91 11/01/91 08/01/91 07/11/91 07/18/91 08/31/91 12/01/91 08/15/91 07/25/91 08/01/91 09/14,91 12/01/91 09/03/91 08/12/91 08/19/91 10/03/91 01/01/92 09/16/91 08/23/91 08/30/91 10/16/91 01/01/92 10/01/91 09/1091 09/17/91 10/31/91 02/01/92 10/15/91 09/24/91 10/01/91 11/14/91 02/01/92 11/01/91 10/11/91 10/18/91 12/01/91 03/01/92 11 '15/91 10/24/91 10/31/91 12/15/91 03/01/92 12/02/91 11/07/91 11/14/91 01/01/92 04/01/92 12/16/91 11/21/91 12/02/91 01/15/92 04/01/92 01/02/92 12/09/91 12/16/91 01/31/92 05/01/92 01/15/92 12/20 91 12 31 91 02/14/92 05/01/92 02/03/92 01/10/92 01/17 92 03/04/92 06/01/92 02/14/92 01/24/92 01/31/92 03/15/92 06/01/92 03/02/92 02/10/92 02/17/92 04/01/92 07/01/92 03/16/92 02/24/92 03/02/92 04/15/92 07/01/92 04 01,92 03/11/92 03/18/92 05/01/92 08/01/92 04/15/92 03/25/92 04/01/92 05/15/92 08/01/92 05/01/92 04/10/92 04/17/92 05/31/92 09/01/92 05/15/92 04/24/92 05 01 '92 06/14/92 09/01/92 06 01 92 05/11 92 05/18/92 07/01/92 10/01/92 06/ 1 5 92 05/25 92 0601,92 07/15/92 10/01/92 07/01/92 06/10/92 06/17/92 07/31/92 11/01/92 07/15/92 06/24/92 07/01/92 08/14/92 11/01/92 08/03/92 07/13/92 07/20/92 09/02/92 12/01/92 08/14/92 07/24/92 07/31/92 09/13/92 12/01/92 09/01/92 08/11/92 08/18/92 10/01/92 01/01/93 09/15/92 08/25/92 09/01/92 10/15/92 01/01/93 10/01/92 09/10/92 09/17/92 10/31/92 02/01/93 10/15/92 09/24/92 10 01/92 11/ 14,' 92 02/01/93 11/02/92 10/12/92 10/19/92 12/02/92 03/01/93 11/16/92 10/23.92 10/30/92 12/16,92 03/01/93 12/01/92 11/06/92 11/13/92 12/31/92 04/01/93 12/15/92 1 1/24/92 12/01/92 01/14/93 04/01/93 * The "Earliest Effective Date" is computed assuming that the public hearing and adoption occur in the calendar month immediately following the "Issue Date", that the agency files the rule with The Administrative Rules Review Commission by the 20th of the same calendar month and that ARRC approves the rule at the next calendar month meeting. EXECUTIVE ORDERS EXECUTIVE ORDER NUMBER 147 ESTABLISHMENT OF THE GEOGRAPHIC INFORMATION COORDINATING COUNCIL AND THE TRANSFER OF THE CENTER FOR GEOGRAPHIC INFORMATION AND ANALYSIS TO THE OFFICE OF THE GOVERNOR WHEREAS, geographic information is emerg-ing as an important strategic resource for the fu-ture; and WHEREAS, increasingly complex decisions, overlapping governmental responsibilities, and limited fmancial resources demand that agencies work together to develop and utilize geographic information; and WHEREAS, North Carolina has a history of effecti\'e utilization of geographic information and "geographic information systems" (GIS) technology both at the state level and the local level; and WHEREAS, geographic information and GIS technology are now being developed and used by many agencies in North Carohna without a statewide focus or framework to maximize their usefulness; and WHEREAS, geographic information and GIS technology can only be fully and practically uti-lued with a statewide focus and cooperative ef-fort; NOW, THEREFORE, by the authority vested in me as Governor by Art. Ill, Section 5(10) of the North Carolina Constitution and the laws of the State, IT IS HEREBY ORDERED: Section I. Policy. A statewide geographic in-formation coordination effort is hereby formal-ized for the purpose of furthering cooperation among State, federal, and local government agencies; academic institutions; and the private sector to improve the quality, access, cost effec-tiveness and utility of North Carolina's ge-ographic information and to promote geographic information as a strategic resource for the State. Section 2. Establishment of Coordinating Council. There is hereby established with the concurrence of the Information Technology Commission (hereinafter ITC) the Geographic Information Coordinating Council (hereinafter Coordinating Council) as a means of guiding the Center for Geographic Information and Analysis (hereinafter CGIA) and establishing the State's direction in the utilization of geographic infor-mation, GIS systems, and other related technol-ogies. The stated purposes of the Coordinating Council are (a) strategic planning (b) resolution of policy and technology issues (c) coordination, direction and oversight, and (d) advising the Governor, the legislature, and the ITC as to needed directions, responsibilities, and funding regarding geographic iioformation. Section 3. Transfer of the Center for Ge-ographic Information and /Vnalysis. The Center for Geographic Information and Analysis shall be transferred from the Department of Environ-ment, Health and Natural Resources to State Policy and Planning in the Oflice of the Gover-nor. The transfer shall be in the same manner as a Type I transfer as provided for in N.C.G.S. 143A-6. Section 4. Center for Geographic Information and Analysis. Central service functions related to GIS coordination shall become the responsi-bility of the Center for Geographic Information and Ancdysis. These responsibilities are listed in the .March 5, 1991, report adopted by the Infor-mation fechnology Commission entitled "State-wide Coordination of Geographic Information Systems," pages 11-13. Typical responsibilities include: providing GIS production and consult-ing services; giving technical support including assistance in planning; installing and using GIS systems; providing a wide variety of GIS related training services and education programs in co-ordination with SIPS; serving as a clearing house for the exchange of GIS related information and services; and providing the staff support for the GIS Coordination Council. Section 5. Membership: The membership of the Coordinating Council shaU consist of 12 members and shall be as follows: 1) The Secretary of the Dep;u1ment of Envi-ronment, Health and Natural Resources; 2) The Secretary of Transportation; 3) The Secretary of Admimstration; 4) The Commissioner of Agriculture; 5) The Superintendent of PubUc Instruction; 6) The department head of an at-large GIS user agency to be appointed by the Gov-ernor; 7) The State Budget Officer; 8) The State Planning Officer; 9) One representative elected annually from the State Government E-'ser Committee; 10) One representative elected annually from the Affiliated User Group Committee; 6:11 NORTH CAROLINA REGISTER September i, 1991 678 EXECUTIVE ORDERS 11) One representative from Local Govern-ment to be appointed by the Governor; and 12) The Director of SIPS who shall ser^e as a non-voting member. The Governor shall appoint a chair from among the membership to scr\'e for a one year period. The Director of CGIA shall provide staff sup-port as required. Section 6. Committees. The Coordinating Council may establish ad hoc work groups, as needed, and shall fonri the following standing committees: a) State Government GIS User Committee: Membership shall consist of represen-tatives from all interested state govern-ment departments. 1 he committee shall elect its chairman and advise the Coordi-nating Council on issues, problems, and opportunities relating to GIS. b) State Mapping .'\dvisor\' Committee (SM.AC): The pnmar,- thrust of the S.MAC shall be to consohdate statewide mapping requirements and to advise the Coordinating Council on issues, prob-lems, and opportunities rclatmg to U. S. Geological Sur\ey (L'SGS) programs and information. The Coordinating Council shall select a chair of the State .Mapping Advisory Committee (SM.AC). The Committee shall be organized and oper-ated in a manner acceptable to the L'SGS's National Mapping Division. \lembership shall not be limited. Voting eligibility shall not include federal agen-cies, but shall be otherwise determined by the Coordinating Council upon recom-mendation by the SMAC Chair. The State Geologist shall serve as a permanent ex officio member of the SMAC. The purpose of the SMAC shall be to consol-idate statewide mapping requirements into a single annual report to the LSGS; to infonn users of geographic information about the status of mapping programs and the availability of map materials from USGS; and to gain statewide support for financing cooperative programs with USGS. The Committee shall also advise the Coordinating Council on issues, problems, and opportunities relating to USGS programs and information. c) AlTiliated GIS I ser Ciroup Committee: Shall be comprised of representatives from local go\'emments, federal government, private industry, universities, and the General Assembly. The committee shall elect its chairman and advise the Coordi-nating Council on issues, problems, and opportunities relating to the use of GIS systems. Section 7. FlTccti\'e Date. This Order shall become eflecti\'e immediately and remain in ef-fect until Juii.' .'^O, 19Q5 or until rescinded. Done in the Capital City of Raleigh, this the 30th day of July, 1991. EXECL ri\ F. OROER NLNriJER 148 GO\ER\OR'S TASK FORCE ON IIEAI.TFI OBJECTI\ ES FOR THE YEAR 2000 North Carolina is blessed with some of the fin-est medical facilities and medical care found any-where in the world. In spite of this, more than forty North Carolimans die prematurely each day, exactmg an enormous economic, social and personal toll upon our society. Tragically, most of these deaths are preventable by relatively sim-ple changes in individual lifestyle behavior. In order to provide to the citizens of our state a way to prevent this tragic loss of death and disability, a realistic plan needs to be developed that communities and individual citizens may use to improve their health status and avoid prema-ture deaths. Tliis plan must promote the ad-vantages of health promotion and disease prevention. THEREI'ORi;, by the authority vested in me as Governor by the Constitution and laws of North Carolina" IT IS ORDERED: Section 1. ESTADIISHMENT ITic Governor's Task Force on the Year 2000 Health Objectives is hereby established. The Task Force shall consist of not more than 25 persons appointed by the Governor to ser\e at the pleasure of the Governor. All vacancies shall be filled by the Go\cmor. The Governor shall dcsismate the Chairman. Section MF.MBFRSHIP The membership shall include representatives from the following: 1. Department of Human Resources 2. Department of Fn\iromnent, Health, and Natural Resources 679 6:11 [\()RTH CAROLINA REGISTER September i, 1991 EXECUTIVE ORDERS 3. Association of North Carolina Board of Health 4. North Carolina Hospital Association 5. North Carolina Medical Society 6. North Carolina Academy of Family Phy-sician 7. North Carolina Association of Local Health Directors 8. The University of North Carolina School of Public Health 9. North Carolina Citizens for Business and Industry 10. Local Education 11. North Carolina County Commissioners Association 12. National Association for the Ad\ance-ment of Colored People 13. North Carolina Minority Health Council 14. Governor's Council on Physical Fitness and Health 15. North Carolina Dental Society 16. North Carolina Nurses' Association 17. Old North State Medical Society There shall also be 8 Members-atT,arge. Section 3. FUNCTIONS A. The Task Force shall meet regularly at the call of the Chairman. B. The Task Force shall have the responsi-bility of developing and delivering to the Governor by September 1, 1992, a list of health objectives for the citizens of North Carolina designed to: 1 . increase the span of healthy life of the citizens of North Carolina; 2. remove health disparities among the disadvantaged; and 3. emphasize preventive health services. C. These objectives must: 1. be measurable; 2. include measures to benefit our disad-vantaged populations; 3. emphasize individual and community intervention; 4. emphasize the value of health pro-motion and disease prevention to our society; and 5. be obtainable by the year 2000. Section 4. ADMINISTRATION A. Administrative support for the Task Force shall be provided through a grant for the Reynolds Health Care Trust to be ad-ministered by the Department of Envi-ronment, Health, and Natural Resources. Additional support shall be provided by the Department of Environment, Health, and Natural Resources and by the De-partment of Human Resources. B. .Members of the Task Force shall be reim-bursed for necessary travel and subsistence expenses as authorized under General Statute 138-5 and 138-6. Funds for the reimbursement of such expenses shall be made available from funds authorized by the Department of Environment, Health, and Natural Resources. C. It shall be the responsibility of each cabinet department to make every reasonable ef-fort to cooperate with the Task Force in carrying out the provisions of this order. Section 5, IMPLEMENTATION AND DU-RATION This Executive Order shall become effective immediately and wiU expire upon completion and dehverv of the health objectives to the Gov-ernor. It is subject to reissuance or extension at the discretion of the Governor. Done in Raleigh, North Carolina, this 6th day of August, 1991. 6:11 NORTH CAROLINA REGISTER September i, 1991 6S0 VOTING RIGHTS ACT FINAL DECISION LETTERS [G.S. / 20-30. 9H, effecth'e July 16, 1986, requires that all letters and other documents issued by the Attorney 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 .IRD:MAP:\l\lS:lrj DJ 166-012-3 Votins; Section 91-1612 P.O. Box 66128 Washington, D.C. 20035-6128 July 24, 1991 Robert C. Cogswell, Jr., Esq. City Attorney P. b. Box 1513 Fayetteville, North Carolina 28302-1513 Dear .\Ir. Cogswell: This refers to a delay in the 1991 municipal election for the City of FayetteviUe in Cumberland County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 L'.S.C. 1973c. We received your submission on May 28, 1991. The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar sub-sequent litigation to enjoin the enforcement of the change. 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 6SI 6:11 NORTH CAROLINA REGISTER September 3, 1991 VOTING RIGHTS ACT FINAL DECISION LETTERS U.S. Department of Justice Civil Rights Division JRD:LLT:JVJ:gmh DJ 166-012-3 Voting Section 91-0524 P.O. Box 66128 Washington, D.C. 20035-61 28 August 19, 1991 Michael CroweLl, Esq. Tharrington, Smith & Hargrove P. O. Box 1151 Raleigh, North Carolina 27602 Dear Mr. Crowell: This refers to a change in the method of election from five council members elected at large to four elected from two double-member districts and one elected at large; a districting plan; and the imple-mentation schedule therefor, for the Town of /\hoskie in Hertford 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 final response to our April 29, 1991, request for additional information on June 18, 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 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 Attorney General Civil Rights Division By: Gerald W. Jones Chief, Voting Section 6:11 NORTH CAROLINA REGISTER September i, 1991 6S2 PROPOSED RULES TITLE 4 - DEPARTMENT OF ECONOMIC AND COMMLAITY DEVELOPMENT Statutory Authority G.S. 54-109.21(25); 54-109.94; 54-/09.95. 54-109.5; Nootice is hereby gr\-en in accordance with G.S. I50B-12 that the .V. C. Dept. of Economic & Community Development. Credit Union Division intends to amend and repeal rule(s) cited as 4 .\CAC6C .0101, .0/03. .02/0. .0302, .0311. .040/ - .0404 and ./30/. I he proposed effective date of this action is January- /, /992. 1 he public hearing will be conducted at /0:00 a.m. on October 3. /99/ at ///O .\'a\a/io Drhe, Suite 300. Raleioh. Sorth Carolina. 2'^609. Coomment Procedures: Any interested person may present his, her comments either in writing t/iree days prior to or at the hearing or orally at the hearing for a maximum of ten minutes. Any person may request information by writing or calling Mr. Stanley W. Brown. Jr.. Credit L nion Division. / / /O Xm'olio Drive. Suite 300. Raleigh. Xorth Carolina. 2^609, 9/9-S50-2929. CHAPTKR 6 - CREDIT LMON Dl\ ISION SL BCHAPTER 6C - CREDIT LMONS SECTION .0100 - GENERAL INFORMATION .0101 DEFINITIONS WTien used in this Chapter, the following words and phrases shall have the following meaning, except to the extent that any such word or phrase is specifically qualified by its context: (20) "Corporate Credit Union" is a credit un-ion with an institutional field of member-ship. afi4 only local credit unions aft4 orgimii'ationc. Bf ari oociationo e4^ crodit *»- ie«tT fway bocomo membtTS. Statutofy Authority G.S. 54-/09./ 2. .0103 I AXATION (REPEALED) Statuton- Authority G.S. 54-/09./; 54-/09.2 (b)(5); 54-/09.22:'54-/09.99. SECTION .0200 - ORGANIZATION OF CREDIT UNIONS .0210 OLT-OF-STATE CREDIT LNIONS (REPEALED) SECTION .0300 - BASIC INTERNAL CONTROLS: BOOKKEEPING PROCEDURES AND OPERA-TION STANDARDS ¥09. STATE-CHARTERED CREDIT UNIONS .0302 PROCEDURES Ihe basic internal controls, bookkeeping pro-cedures and operation standards for aU credit unions are as follows: (1) An adequate general ledger and detailed cash journal shall be maintained as necessar>' for the proper control of all transactions of the Credit Union. (2) A detailed and complete record of all cor-recting and adjusting entries, with a full ex-planation of each entr\', shall be maintained. (3) For m;inual and machine accounting sys-tems, all receipts and disbursements shall be recorded and posted daily to cash journal and subsidiary accounts. Systems using EDP shall be posted no less frequently than monthly. (4) Deposits in the bank shall consist of an entire day's receipts as entered in the journal and cash record. If amounts are less than three hundred doUars ($300.00), more than one day's total receipts may be combined in a single deposit provided that no funds are held more than three banking days. (5) Adequate security shall be provided (cash drawer and lockbox for overnight) for stor-age of funds. (6) Credit union funds must be kept separate from all other funds. (7) Cash shall be balanced at the end of each working day, and a record made thereof by each teller (detailing specie, currency, checks and other items counted as cash). (8) A "cash over and short" account shall be maintained in the expense ledger, with a re-cord showing the name of each person re-sponsible for each difierence. (9) A pre-numbered receipt slip or other ori-ginal record shall be made and preserved covering each payment received. (10) .-Ml bank accounts shall be reconciled at least monthly and such reconciliations pre-ser\' ed. (11) A duplicate of itemized bank deposit slips, or other comparable detailed item record, sh;ill be preserved. (12) The exact status of all the credit union's funds, including investments and or funds held by agents or attome\s, must be deter-minable at all times without detailed search. 6Si 6:11 AORTH CAROLliXA REGISTER September 3, 1991 PROPOSED RULES (13) Checks must be pre-numbered by the printer and not signed in blank in advance of issue. Facsimile signature plates shall be adequately controlled. (14) Disbursements must be supported by in-voices, vouchers, or other explanations of record, each clearly showing the nature or purpose of each disbursement. (15) Dual control must be maintained over all negotiable investment securities. (16) Members' accounts shall be posted cur-rently and balanced not less frequently than monthly and supported by EDP listing or adding machine tapes, identified, dated, and preserved. (17) A trial balance of the general ledger should be prepared within 1 5 working days from the ^ close of business of the last day of each month and fmancial statements prepared therefrom. (18) Erasures and eradications for correction of errors in records are prohibited; cor-rections must be approved by an authorized person. (19) Members' passbooks shall be held in the Credit Union office only for tcmporarv' pe-riods. (20) A signed membership card file covering all accounts shall be properly maintained. (21) Payment of di\idends or interest on ac-counts shall be accomplished by check or by credit to the individual account. Adding machine proof tape or other detailed record, in support of di\idend or interest paid by check or credited to accounts shall be pre-ser\' ed. (22) A cross-index card record should he maintained for each co-maker showing the date, name and original amount of each note on which the individual appears as co-maker. (23) Minutes of meetings of the Board of di-rectors shall record in detail all of its busi-ness transactions and be signed by the presiding officer and the secretary. Such di-rectors at such times as they are meeting as a board of directors, shall require the secre-tary of such board or some duly designated agent, to make a matter of record in the minutes of the meetings of such board of directors, all letter communications from the Division. (24) The supervisor^' committee shall have workpapers to support its audit report. The reports and workpapers shall be retained and made available for review by the state ex-aminers. (25) A report of actions taken by the credit committee and/or loan officers shall be pre-pared, signed and preserved. (26) Minutes of each annual meeting of the members of the Credit Union shall record in detail all business transacted. (27) /VU books and records of the Credit Union shall have adequate and proper protection from fire and other hazards at all times. Active books and records of the Credit Un-ion should be located at the principal office at all times. (28) Dormant accounts shall be controUed to prevent improper withdrawal. (29) /Vnnual vacations of at least five consec-utive working days (occasionally during pe-riods when proofs of subsidiary ledgers arc being made) shall be taken by each em-ployee having access to cash. During the vacation, the employees shall remain con-tinuously absent. (30) A record shall be maintained which wiU at all times show the tax and insurance sta-tus of each piece of real estate securing the Credit Union's investment of funds in real estate mortgage loans. (31) All tax liabilities shall be determined and paid in accordance with the law. (43^ A+i- audit guida t* pro'i idcd m th^ ae-counting mmuml fop Ae fiuponioors' com mittoo'D tts* m estuhlif.hing minimum standardc sshich muot be met ift porfonning aft audit (^5-^ A copy t4 the ronults ef the annual audit will be forwarded te- the iVdminiotrator'o el^ 6t?e within tW days ef rece ipt by the Board ©f directors. (44^ rVt least o'l or/ two years, each mombor's accc'unt h^ te- be verified: accounts closed since the k»t e.xamination afe i4s» t» be ' enfied. This procedure is t» be follo>s'ed unless the (Credit Union Administrator finds that a credit union ha* adequate internal control based upon recommendation ef a CI'i\ finn te- justify a modification »f verifi cation procedures ift keeping with sound ae-counling practices. A report »f tfeis ' l orification i* t» be fonvarded te- the A4- ministrutor. Statutory Authority G.S. 54-/09./ / (4): 34-/09./ 2; 54-/ 09./6; 54-/09./7. .031 1 SI RETV BOND .\ND INSLR.WCE COXF.RAGE (b) Ever>' state chartered credit union will maintain the minimum bond and insurance cov-erage as required by statute. No form of surety 6: 1 1 NOR TH CAROLINA REGLS TER September 3, 1 991 6S4 PROPOSED RULES bond shall be used except as is appro\'ed by the Administrator. Credit Union Blanket Bond, Standard Form No. 23 of the Surety Association of .America, plus faithful performance rider, or NCUA Optional Form 581 or its equivalent, shall be considered the minimum co\erages re-quired and are hereby the approved forms. ITie appro\'ed bond forms in this Paragraph pro\'ide faithful performance coverage for all emploNces and officials. Oodit union - " . havL* »+n? option tvf only providing faithful pt' rtonnance e+ tRi -. t t*H^ erage fo* tl» chief fmancial officor (trgaouror and or managor) olectod. appointed, e* de-jig natod W A# Board h4 diroctorLi . The fmancial officer is the indi\idual charged with the respon-sibilities of the financial officer as set forth in .Article X. Section 5 and or 6. of the Credit Un-ion's (Standard) Byla\\s. Fidelity bonds must provide coverage for the fraud and dishonesty of all employees, directors, otTicials, and supenisory and credit committee members. Other forms, or changes in the amount of bond coverage, must be appro\ed by the .Administrator. Statuton Authority G.S. 54-109.1 1 (5 >: 54-109.12; 54-109.44(2). SECTION .0400 - LOANS .0401 DFMNQLENT LO.ANS: LOAN LOSSES (b) .Allowance for Loan Losses. (1) Each credit union shall establish and maintain such reser.es as may be required h\ the .Act or by regulation, or in special cases by the Administrator. .AH Credit Unions having ancoto ef $500.1100 m- more, a*. »f DL'combL'r tS4 ef ffe* prjviouci vijar. unk'i'- ' . othor- ' i i ' . ' ij appro ' ed hy At» jVdmin i j. traior. shall establish an .Allowance for Loan Losses Account. aft4 follow A<? accounting prQcoduri.' 'j w?* forth m At? 'i landbook *h4 rVccountinj Manual fof StatL' Chartorod (Te<.lit I nic^n -. " ttft4 \^ addendum^ therolo. The .Allowance for Loan Losses .Account is not an addition to but a part of the Regular Resene as required by statute. (-e+ Spi.- ciLil R..' "i-Ti \' t+*f DL' HnquL'nt I oanr. . AH-credit uniom. hasmg aL. bt' ti. t+f It^t* than S 5 00. 000 tfeit- choooe Het- te- comply with Paragraph f^ t4~ t44-. Ruk'. ift addition k* t4+t» R(.'gulur StatutoPi Ro'.ori O tt+e iXdmini '.trator hall r^'quiro r.uch regular rooopi o W oupplomentod ^ a cpecial pe-noPi L' te l*e known a-, a Spt'cial Re'. L'n e ft»f i^e- Unqut^ nt Loanr. v. ht'n tbe Statutor> Ro '. l'Pi O '» inadequate; t+^ covor potontial leaf* loor.OL. . Statutory^ .Authority G.S. 54-109.12; 54-109.17; 54-109.86; 54-109.87. .0402 CHARGE-OFF OF UNCOLLECTIBLE LOANS (c) Aft¥ loano »« which »& payments have boon received fef a period ef 4-3 inonlhr. , .Any loans delinquent 12 months or more, unless there are justilied extenuatmg circumstances will be charged off in accordance with Paragraph (a) of this Rule. Statutory Authority G.S. 54-109.12; 54-109.17. .0403 REAL ESTATE LO.ANS (a) Loan Limitations. Unlocs othonvico pro sided » A# bykiwf. . No more than 30 percent of the total dollar amount of shares and deposits shall be made in fixed rate real estate loans with a remaining maturity of more than seven years \\ ithout the permission of the Administrator. Statutory .Authority G.S. 54-109.12; 54-109.18; 54-109.21(25). .0404 LINE OF CREDIT LOANS (b) Resen,-es. .A credit union shall maintain for a period of one month, beginning on the seventh day of each month, a resen.e, which shall consist of cash on hand or legal in\estments that mature in one year or less, in an amount not less than five percent of the aggregate unused portion of its Une of credit loans determined as of the close of the pre\ious month. Not more than 20 percent of the required rescn.e shall be in direct L'nited States Government obligations. Lhe Credit Un-ion shall keep current records of the aggregate unused portion of its line of credit loans and re-ser\ es, and the .Administrator may require peri-odic or special reports based on these records. IhiLi ro 'jOPi O requirement do e-:. fte4- apply te- tho ir.o credit unions ' ivith assets ef $2,000,000 e* more aft4 subject te Ae ^ percent liquidity reseri 'e fe-quirement. Statutory Authority G.S. 54-109.12. SECTION .1300 - RESERVES .1301 LIQIIDITV RESERVES (c) The liquidity base shall consist of cash, ift- ' . estments ift ICU s. shares and deposits in the National Credit Lnion .Administration Central Liquidity Facility, aft4 the North Carolina Savings Guaranty Corporation and investments with a maturity of less than one vear as author-ized under G.S. 54-109. S2(3)(4)f5)(q)( 10) and (12) of the North Carolina Credit L'nion laws. GoNcmment securities with a maturitv of more 6S5 6:11 NORTH CAROLL\.4 REGISTER September 3, 1991 PROPOSED RULES than one year may be included provided securi-ties are carried at the lower of cost or market and adjusted monthly on a consistent basis. Docu-mentary evidence must be kept on file supporting the adjustments for a period of 18 months. (e) The liquidity reserve can only be used to satisfy contractual line of credit agreements, share and deposit withdrawals. In the event the liquidity reserve falls below the required amount the Credit Union must immediately notify the Administrator of Credit Unions. The Credit Union will ha\c 60 days to replenish the liquidity reserve, if tb*» Crijdit Union i« unablo te- replon isl* the liquidity rcooPi 't* within th* 60 day period, HO- now loan ';, may be mado until the liquidity rLV .oPi 'L' i^ rL'plL'nitihL'd te- t4+e requ i red amount (unleoi'i aft- exten '.iun ef exception i* approved by the AdminiLitrutor). Statutory Authority G.S. 54-109.12: 54- 1 09.86(c). 11 ILK 7 - DKPAR IMENT OF CULTURAL RESOURCES Nootice is hereby given in accordance with G.S. J50B-J2 that the Cultural Resources/ State Li-brary intends to amend rule(s) cited as 7 NCAC 2E .0202. 1 he proposed effective date of this action is January I, 1992. 1 he public hearing will be conducted at 9:00 a.m. on October S, 1991 at the State Libraty Building/ State Archives, Room 26, 109 E. Jones Street, Raleigh, N.C. Coomment Procedures: Written comments to Mr. Howard McGinn, Director, Division of the State Library. 109 E. Jones St., Raleigh, N.C. 27601, no later than 5:00 p.m., October 4, 1991. CHAP! KR 2 - Dl\ ISION OF STATE LIBR.ARY SUBCHAPTER 2E - LIBRARY DEVELOP.MENT SERVICES SECTION .0200 - ORGAMZAHON OF REGIONAL LIBRARIES .0202 BOARD OF TRLSTEES (a) The board of trustees is the governing body of a regional library. It is composed of not more than \2 j_5 members. Each county must have representation on the board in proportions de-termined equitable by all participating counties. Regional board members are appointed from members of local boards where they exist. (b) Terms of officers and members are to be limited and staggered to assure continuity as well as change. No individual member will be ap-pointed to more than two consecutive terms, and no single term shaU be longer than six years. (c) Any trustee missing three consecutive board meetings is considered to have resigned and wiU be replaced. Statutory Authority G.S. 125-2: I43B-I0. TITLE 10 - DEPARTMENT OF HUMAN RESOURCES ly otice is hereby given in accordance with G.S. I50B-I2 that the Division of Services for the Blind intends to amend rule(s) cited as 10 NCAC 19F ,0/04, .0402. .0504: and repeal rule(s) cited as 10 NCAC I9F .0108, .0508. J he proposed effective date of this action is January J. 1992. 1 he public hearing will be conducted at 10:00 a.m. on October 5, 1991 at the Division of Services for the Blind, Fisher Building, Conference Room, 309 Ashe Avenue. Raleigh. N.C. 27606. Coomment Procedures: Any interested person may present his; her comments either in writing three days prior to or at the hearing or orally at the hearing for a maximum of ten minutes. Any person may request information by writing or calling Mr. Herman Gruber, Designee, Division of Services for the Blind, 309 Ashe Avenue, Raleigh, N.C. 27606 (919) 733-9822. CHAPTER 19 - SERVICES FOR THE BLIND SUBCHAPTER 19F - INDEPENDENT LIVING SERVICES SECTION .0100 - ELIGIBILITY FOR SERVICES .0104 BASIC ELIGIBILITY CRITERIA (a) In addition to the requirements of 10 NCAC 35D .0300, where applicable, an individ-ual must be determined eligible to receive services under the Social Services Block Grant (Title XX) on the basis of: (-14 income maintenance status; {¥f income eligible status; (4) nood without regard te- income fof aW- &if-vices. except Chore Ser'i icos aft4 Housing aft4 Home Improvomont SePi'icoo. 6:11 NORTH CAROLINA REGISTER September 5, 1991 686 PROPOSED RULES ( 1) need, with re>;ard to income for In-Home Aide Senices; (2) need without regard to income lor all other services. (b) lor purposes of dctcrmuung and redeter-mining eligibility for di\ision sen'ices provided for in this Subchapter, the rules in Subchapters 10 NCAC 35D and 35E shaU apply. (c) Indi\'iduals arc eligible for these scr\ices at the following income levels: (1) Adjustment services are pro\'ided without regard to income; (2) In- Home Aide Senices: Chore Sen'ices for the Blind are provided to individuals whose monthly gross family income dooo H«4 excoud IS less than 100 percent of the state's established income. Statutoty Authoriiv G.S. 111-28: 143D-I57: 42 L.S.C. '1397. .0108 FEES FOR SERVICES (REPEALED) Statutory' Authority G.S. I43B-157; 42 U.S.C. 1395. SECriON .0400 - GO.\LS .\M) SERVICES .0402 SERMCES The following senices are admini 'i tL'rL'd oxclu Lpisx'ly provided by senices for the blind under this Section: (1) ChorL' SoniccVi fe t4*t* Rlind. Thi'. mi.'anr. At^ pertommnoo »f tQ 'jk 'j incidfiitcd t«- ife«* uctis iti^.":. t4 dully li'i ing i iv hc'ro t4- Vr demon '' trill L 'd t4wt- At* indisiduul (becuu -j e »f vi -.ual di '.iibilitio ':. »f multi di 'jubilitio 'j) » unabk' te-perlonn i .uch tuLlci' fof him'/' oLf »ft4 ' t ' l herc ro ro '/.pon 'i iblc' por'^on » available fs* tl+i^ pur po -'t^ . Ihiji fienice may W pro'. ided m con junction \\'\\\i A<? prosi 'iion e4 training » L'Olf help f. kill iL. rtft4 w41- b«» usailablo only until i . uch tiniL' a^ A<? indi'i idual \^ aW^ t© perlonn e-.-ie ntial tu 'jk 'j indjpL' ndontly: SieF-vici? Ci may h^ provided eft » long tenn bar. if. if di '.abilitiL";. other than blindno '.' : . prevent (-ht» null', ulual trom peilorming ' aich ta ii ki . . In- Home .Aide Senices: Chore Senices for the Blind: Personal Care Senices for the Blind. In-Home Aide Senices are those paraprt)tessKinal which assist the individual and or familv with essential hc^me management and or perscmal care tasks and or supenision necessan' to enable the individual and c^r family to remain and function elTectivelv, at home as long as pos-sible. (2) Adjustment Sen'ices for the Blind and Vis-ually Handicapped. These are sen'ices pro-vided m any combination as needed and appropriate to enable bhnd and visually handicapped individuals to attain and/or maintain the highest level of functioning possible, to promote their well-being, and to prevent or reduce dependency. This is achieved through a focused regimen of counseling and casework assistance to indi-viduals and their families to help individuals choose, obtain, and use needed resources, senices, and mechanisms of support and to enable individuals to obtain basic education. Within the context of integral but subordi-nate to this essential sen'ice function, one or more of the following sen'ice components or resource items may be provided: (a) Assistance with the demands of daily living may be provided through training in grooming skills, manipulative skiUs such as household mechanics, personal skills, and money identification and manage-ment, and communication skills such as braille, typing, and operation of reading rriachines; (b) The tcachinc of orientation and mobility skills; (c) Therapeutic experiences aimed at helping the individual to adjust to and accept his visual limitations through camping expe-riences, recreational programs, adjustment training at rehabilitation centers, and in-dividual and group counseling sessions or psychiatnc therapy; (d) Transportation, when not othenvise available, may be provided within a city limits at the cost of bus fare, or taxi fare if bus is not available. If outside city limits transportation may be pro\'ided at the current rate as established by G.S. 138-6. (e) The following senices, items may be pro-vided: reader sen'ices, tutorial sen'ices. Interpreter sen'ices for the deaf blind, braUle and large print production, low vi-sion optical aids, travel aids and devices, diagnostic examinations, tapes, commu-nity sponsored recreational activities, sup-plies and tuition to enable an individual to attend technical institutes or commu-nity colleges for the purpose of gaining basic education, and equipment, such as typewriters, reading macliines, talking cal-culators. (3) limployment and Iraining Support Ser-vices. These senices are provided as part of an individual senicc plan to enable indi- 6S7 6:11 NORTH CAROLINA REGISTER September 3, 1991 PROPOSED RULES viduals to secure paid employment or train-ing leading to employment, including basic education and continuing education. Also included are transportation as needed, tui-tion, supplies, and rental or purchase of books when needed to assist in meeting usual expenses of vocational training, basic education, or continuing education in public or private technical institutes or community coUcges. (4) Individual and Family y\djustment Services. These services are designed to offer assist-ance to individuals and their family members to restructure and support the client's envi-ronment. Activities include counseling to enable the client to recognize, understand, and cope with problems in regard to such areas as household management, consumer affairs, family life education, alcoholism, drug addiction, mental retardation, emo-tional disturbance, and school related prob-lems. (5) Health Support Services. These services provide help to individuals and families to recognize health needs including those re-lated to alcohol and drug abuse and to se-cure needed health services available under medicaid, (including the oarly afi4 poriodio ocrooning. diagnosiff aft4 treatment program), medicare, maternal and child health pro-grams or other agency health ser\ices pro-grams and from other public or private agencies or providers of health ser\'ices; counseling and planning, as appropriate, with individuals, families, and health pro-viders to help assure continuity of treatment and the carrying out of health recommen-dations; and helping individuals to secure admission to medical institutions and other health-related facihties as needed. Trans-portation, when not otherwise available, may be provided as necessary to access needed medical and health care resources. (6) Housing and Home Improvement Services. These services provide assistance to individ-uals and families in obtaining and retaining adequate housing and basic furnishings. Services include helping to improve landlord-tenant relations, to identify sub-standard housing, to secure correction of housing code violations, to obtain or retain ownership of own home, and to fmd and relocate to more suitable housing. The provision of labor and materials for minor renovations and repairs to owner-occupied dwellings to remedy conditions which are a risk to personal health and safety may be included as an optional part of this service. Basic appliances, such as stove, refrigerator, or heater when this is not the responsibility of the landlord and the individual lacks these essentials to prepare food or is without heat, may be provided with approval of the re-gional director. (7) Information and Referral. This means giving information about services provided under the state's social services program and other service programs, both public and pri-vate: brief assessment to determine the most appropriate resource to meet the stated needs of the person requesting services; and referral to and follow-up with those com-munity resources which provide or make a\ai!able such services. Outreach activities are not included nor is soliciting recipients for service an activity which is included within the scope of information and referral. (8) The foUowing services will be mandated in all parts of the state; the responsibihty for the provision of these services rests with the division of services for the blind: (a) chore sor^ioe s fef tfee blind, In-Home Aide Services, (b) adjustment services for the bliad and vis-ually handicapped. Statutoiy Authority G.S. 111-28; I43B-I0. SECTION .0500 - DELIVERY OF SERVICES .0504 IN-HOME AIDE SERVICES CONTRACT Chore ceriice In-Home Aide Services: I evel I contract is completed by the client and provider and shows specific types of services to provide up to one hundred hours of service per month at the state minimum wage or prevailing county wage. Statutory Authority G.S. 111-28; I43B-I57. .0508 REFERRAL FOR TRAINING IN SELF-HELP SKILLS AND TECIINIQLES (REPEALED) Statutoiy Authority G.S. III-2S; 143B-I57. 'k'k'k'k-k^'k'k'k'k'ic-k-k-k'k-k'k'k Nootice is hereby gi\-en in accordance with G.S. ISOB- 1 2 that the Department of Human Resources/ Division of Medical Assistance intends to repeal rule(s) cited as 10 SCAC 50C .0201 - .0203. 6:11 ^ORTH CAROLINA REGISTER September 3, 1991 6S<S PROPOSED RULES 1 he proposed effective date of this action is January 1 , 1992. 1 he public hearing will be conducted at 1:30 p.m. on October 3, 1991 at the North Carolina Division of Medical Assistance, 1985 L'mstead Dri\-e. Room 201. Raleigh, N.C. 27603. K^omment Procedures: Written comments con-cerning these repeals must be submitted by Octo-ber 3, 1991. to: Division of Medical Assistance, 1985 L'mstead Drive. Raleigh, North Carolina 2^603, ATTN.: Bill Hottel, APA Coordinator. Oral comments may be presented at the hearing. CHAPTER 50 - MEDICAL ASSISTANCE SUBCHAPTER 50C - BENEFITS SECTION .0200 - MEDICAID SERMCES USED CARD .0201 MEDICAID SERMCES USED CARD (REPEALED) .0202 ISSUANCE (REPE.\LED) .0203 REPLACEMENT CARDS (REPEALED) Statutory Authority G.S. 10SA-25(b). Jyotice is hereby given in accordance with G.S. 150B-I2 that the North Carolina Department of Human Resources, Division of Economic Oppor-tunity intends to amend rulefs) cited as 10 NCAC 51C .0108. 1 he proposed effective date of this action is January 1, 1992. 1 he public hearing will be conducted at 10:00 a.m. on October 3. 1991 at the Division of Eco-nomic Opportunity, 2413 Crabtree Boulexard, Suite 119, Raleigh, NC 27607. (_ onunent Procedures: Comments may be sub-mitted in writing or may be presented orally at the public hearing. Oral presentations which exceed three minutes are requested to have a written copy to he filed with the hearing clerk. Further details of the proposed ndes may be obtained by writing or calling: Ms. Edith .4. Hubbard, Director. Di-vision of Economic Opportunity, 2413 Crabtree Bhd.. State 119. Raleigh, NC 27604. Phone No. (919) 733-2633. H/ditor's Note: This Rule has been filed as a temporary amendment effective August 1, 1991 for a period of 180 days to expire on January 28, 1992. CHAPTER 51 - DIVISION OF ECONOMIC OPPORTUNITY SUBCHAPTER 51C - COMMUNITY SERMCES BLOCK GRANT PROGR.\M SECTION .0100 - GENERAL PROMSIONS .0108 ALLOCATION OF CSBG FUNDS (a) Funds allocated to North Carolina under the CSBG Program will be used in Federal Fiscal Year 1989 and in each subsequent federal fiscal year as follows: (1) Ninety percent of the funds to make grants to those eligible grant recipients as defmed in Rule .0106 (a) of this Section which are re-certified as eligible agencies each fiscal year by the Di\ision. The amount of the funds allocated to each eligible grant re-cipient shall be based on the following method of distribution: (A) Funds shall be allocated based on the ratio (percentage) of persons in poverty in the county (counties) served by the eligi-ble agency compared to the number of persons in poverty in the total area (counties) served by all eligible agencies. (B) However, no eligible agency shall re-ceive less than: (i) An allocation of one hundred twenty thousand dollars ($120,000), or (li) Eighty percent of the eligible agency's Federal Fiscal \'ear 1982 allocation, whichever is higher. ( 2) Five percent of the funds will be used by the Division for administration of the CBSG program. (3) The remaining five percent of the funds to make grants in Federal Fiscal \'ear 1989 and in each subsequent federal fiscal year to those limited purpose agencies as de-fmed in Rule .0104 of this Section and which are re-certified as eligible agencies each fiscal year by the Division. The Di-vision shall aOot to each eligible Limited Purpose Agency an amount of funds based on the percentage of the total CSBG funds the eligible agency received of those funds reserved for the limited purpose agencies and the North Carolina Commission of Indian Affairs in federal fiscal year 1986. 6S9 6:11 \ORTH CAROLINA REGISTER September 3, 1 99 1 PROPOSED RULES (b) Beginning with federal fiscal year 1988 and effective for all subsequent fiscal years, eligible agencies wiU not be allowed to carr>' forward unearned funds at the end of a grant agreement to the succeeding grant agreement. AU unobli-gated funds must be returned to the Division within 60 days after the termination of the grant agreement. (c) Supplemental CSBG Grants. The preced-ing paragraphs of this Rule do not apply to the allocation of supplemental CSBG grants to North Carolina. Such allocations to eligible ap-phcants for eUgiblc activities will be made by the Division in a manner not inconsistent with fed-eral guidelines and conditions on supplemental appropriations. The Division has the flexibility to determine the number of grants awarded and the manner in which grantee(s) are selected based upon the amount of the allocation and the intent of the applicable legislation and regulations. (d) .Any unexpended allotment of CSBG funds from pre\ious years grants shall be allocated to each ehpble CSBG grant recipient for the fol-lowing purposes: ( 1 ) to assist in the implementation of special statewide initiatives, and (2) for one-time expenditures to enhance local programs. Ninety percent of these funds will be distnbuted to Community Action Agencies based on the ratio of persons in poverty in the county or counties served by the Community Acticm Agency compared to the number of persons in poverty in the total area served by all eligible Community Action Agencies. Ten percent of these funds will be distnbuted to those 1 imited Purpose Agencies as delined in Rule .01(14 of this Section on an equal basis. Authority G.S. 1 43-323(d): I43B-I0; I43B-227; I43B-276: 42 U.S.C. 9901-12. TITLE I5A - DEPARTMENT OF ENA IRONMENT, HEAl TH, AND NATURAL RESOURCES Jyotice is hereby given in accordance with G.S. I50B-1 2 that the A'.C. Marine Fisheries Commis-sion intends to amend rule(s) cited as ISA NCAC 3J .0104: 3K .0/05: 3.^1 .0503 - .0504, .0507. 1 he proposed effective date of this action is February I. 1992. 1 he public hearing will be conducted at 7:00 p.m. on the following dates and places: November 4^ 1991 New Hanover County Courthouse Room 302 Wilmington, N.C. November s. J 99/ Carteret Community College Joslyn Hall Morehead City, N.C. November 6, 199/ Beaufort County Courthouse District Courtroom Washington, N.C. November /\ /99/ A C A quarium Manteo, N.C. MFC Business Session will be November 8, 199/, at 8:30 a.m. at the Kona Kai, Hwy. /2, Avon, N.C. Coomment Procedures: Comments and state-ments, both written and oral, may be presented at the hearings. Written comments are encouraged and may be submitted to the Marine Fisheries Commission, PO Box 769, Morehead City, NC 2S5S7. These written and oral comments must be received no later than 8:30 a.m., November 8, 1991. CHAPTER 3 - MARINE FISHERIES SUBCHAPTER 3J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES SECTION .0100 - NET RULES, GENERAL .0104 TRAWL NETS (a) It is unlawful to use trawl nets for the taking of finfish in internal waters, except that it shall be permissible to take or possess finfish incidental to crab or shrimp trawling in accordance with the following limitations: (1) (2) (b) (1) (2) It is unlawful to possess aboard a vessel while using a trawl in internal waters more than 1,000 pounds of finfish except flounder of legal si^.e may be taken and possessed without limit in quantity in internal waters while engaged in crab trawling. The Fisheries Director may, by procla-mation, close any area to traw^ling for specific time periods in order to secure compliance of this Rule. It is unlawful to use trawl nets: For the taking of oysters; In /Vlbemarle Sound and its tributaries; 6; / / NOR TH CAROLINA REGIS TER September i, 1 991 690 PROPOSED RULES (3) In that area of Shackleford Banks as de-scnbcd m 1 5A NCAC 3R .0006. (c) Minimum mesh sizes for shrimp and crab trawls are presented in 15A NCAC 3L .0103 and .0202. (d) The Fisheries Director may, with prior consent o}. lll£ Marine 1 ishenes Commission, bv proclamation. spccif\ trawl net dcsim to reduce the catch of tintish that do not meet size Umits or are unmarketable as mdu'idual foodfish bv reason of size. Staiutofj Authority 113-221'; I43B-289.4. G.S. 113-134: II3-IS2; SI BCIIAPTER 3K - OUSTERS, CLAMS, SCALLOPS A\D MLSSELS SECTION .0100 - SHELLFISH, GENERAL .0105 NON-COMMERCL\L HARVEST OF SHELLFISH (a) It is unlawful for indi\iduals claiming ex-emption from the oyster, clam and scallop license required by G.S. 113-154. by reason of non-commercial han'est, to take more than: (1) One bushel of oysters per person per day, not to exceed two bushels per vessel per day; (2) One hundred clams per person per day, not to exceed t\\ o hundred clams per \-es-sel per da\ ; and (3) One-haff bushel of scallops per person per day, not to exceed one bushel per vessel per day. (b) A vessel license, as required by G.S. 1 13-152 for the use of commercial fishin? equip-ment as defmed m 15A NC.A.C 31 .000Ub)(l) is not required for the non-commercial hardest of sheUfish in accordance with limits in Paragraph (a) of this Rule. (c) 1* i* unla^ii ful te tekt» oyntors. clams, ef scallopo ft*f non oommcroial purpof'e s at- aftv timj excopt: f44 During regular opt^n st'aoonfi: aft4 f3> Oysters and clams may abe- be taken on Sundays and scallops may ak^v be taken on Sat-urdays and Sundays: ( 1 ) dunng regular open seasons, and (2) in accordance with limits outlined in Par-agraph (a) of this Rule with or without license. Statuton- Authority G.S. 113-134; 113-152; 113-154; 1I3-IS2: J43B-2S9.4. SUBCHAPTER 3M - FINFISH SECTION .0500 - OTHER FINFISH .0503 FLOUNDER (a) It is unlawful to possess flounder less than 13 inches in length. (b) The Fisheries Director may, by proclama-tion: ( 1) establish fishing gear specifications for trawls used within three nautical miles of the beach from October 1 through April 30 in order to protect small flounder, and close and open the season in the /Vtlantic Ocean to the taking of tlounder with re-gard to quota manaaement m accordance with the \lid-.-\tlantic Fishenes .Manaae-ment ("ounal Fishery Management Plan tor the Summer Flounder Fisher\ . ill It is unlawful to violate the pro\isions of any proclamation issued under this authority. Statutory Authority G.S. 113-221; I43B-289.4. 113-134: 113-182; .0504 TROLT (a) Spotted seatrout (speckled trout). It is un-lawful to possess spotted seatrout ( ..pecldod trout) less than 12 inches in length. lb) W'eakfish fgrav trout). The Fisheries Di-rector maw bv proclamation, impose anv or all of the following restnctions on the taking of weakiish: ( 1 ) Specify areas. (2) Specify seasons. (3) Specify quantity. (4) Specify means methods. (5) Specify size, but not greater than 12 inches. Statutory- .Authority 143B-289.4. G.S. 113-134; 113-182; .0507 HOOK-AND-LINE FISHING RESTRICTED The Fisheries Director may, by proclamation, establish size and han'est limit restrictions for the following species taken by hook-and-line: (1) Blue marlin; (2) White marlm; (3) Saibish; (4) Cobia; (5) Dolplun; (6) Bluefish: (7) Spotted seatrout; 1^ Weakfi -. h: aft4 [S] f% Tunas; (9) Flounder. Statutory Authority G.S. 113-221': I43B-289J. 113-134: 113-182; 691 6: 1 1 NOR TH CAROLINA REGIS TER September 3, 1 991 PROPOSED RULES ****************** ly otice is hereby given in accordance with G.S. I50B-12 thai the North Carolina Wildlife Re-sources Commission intends to repeal rule(s) cited as ISA MCAC JOB .0104; and amend rulc(s) cited as ISA NCAC /OF .0323, .0339, .0342. 1 he proposed effective date of this action is January I, 1992. 1 he public hearing will be conducted at 10:00 a.m. on October 3, 1991 at Room 3S6, Archdale Building, 512 N. Salisbury Street, Raleigh. NC 27604-1188. („- omment Procedures: Interested persons may present their views either orally or in writing at the hearing. In addition, the record of hearing will be open for receipt of written comments from September 19, 1991 to October IS, 1991. Such written comments must be delivered or mailed to the N.C. Wildlife Resources Commission, 512 N. Salisbury Street, Raleigh. \'C 27604-1 188. CMAPTF.R 10-\Ml.DI.II E RESOl RCF.S AND WAIKR SAl KT^ SUBCHAPTER lOB - MIMING AND IRAPPING SECTION .0100 - GENERAL REGULATIONS .0104 HUNTING AND TRAPPING IN \ ICINITY OK FLOOD OR FIRE (REPEALED) Statutory Authority G.S. 113-134; 1 13-291.2. SUBCHAPTER lOF - MOTORBOATS AND WATER SAFETY SECTION .0300 - LOCAL WATER SAFETY REGUUATIONS .0323 BURKE COUNTY (a) Regulated ^Vreas. This Rule applies only to the following lakes or portions of lakes which lie within the boundaries of Burke County: (1) Lake Hickory; (2) lake James; (3) Lake Rhodhiss. (b) Speed Limit Near Ramps. No person shall operate a vessel at greater than no-wake speed within 50 yards of any public boat launcliing ramp while on the regulated areas described in Paragraph (a) of this Rule or within 50 yards of any designated private boat launching ramp around the Holiday Shores Subdivision on l,ake James. (c) Speed Limit in Mooring Areas. No person shall operate a vessel at greater than no-wake speed while within a marked mooring area es-tablished with the approval of the Executive Di-rector, or his representative, on the regulated areas described in Paragraph (a) of this Rule. (d) Restricted Swimming Areas. No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area established with the approval of the Executive Director, or his representative, on the regulated areas described in Paragraph (a) of this Rule including the area within 50 yards of any designated pn\ate boat dock around the 1 lolidav Shores Subdivision on 1 ake James. (e) Placement and Maintenance of .Markers. The Board of Commissioners of Burke County is designated a suitable agency for placement and maintenance of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States .'Vrmy Corps of Engineers, if applicable. With regard to marking the regulated areas described in Para-graph (a) of this Rule, all of the supplementary standards listed in Rule .0301(g) of this Section shall apply. Statuton- Authority G.S. 75A-3; 75A-IS. .0339 MCDOWELL COUNTY (a) Regulated Areas. This Rule applies to the following waters located on Lake James in McDowell County: (1) that area adjacent to the shoreline of the McDowell Wildlife Club property; (2) that area adjacent to the shorehne of the Marion Moose Club property; (3) that area known as Morgan Cove; (4) that area within 50 yards of the shoreline at the New Maima Baptist ^'outh Camp; (5) that area within 50 yards of the shoreline at Burnett's Landing; (6) the cove area adjacent to the State P:uk swimming area; (7) the co\'e area adjacent to the State Park picnic area and dock; (8) that area within 50 yards of the boat launchmg ramp at the Marion Lake Club. (b) Speed Limit. No person shall operate any motorhoat or \essel at greater than no-wake speed within any of the regulated areas described in Paragraph (a) of this Rule. (c) Restricted Swimming /Vreas. No person operating or responsible for the operation of any vessel, surfboard or waterskis shall permit the 6:11 NORTH CAROLINA REGISTER September 3, 1 991 692 PROPOSED RULES same to enter an\' marked swimming area located on the regulated area. (d) Placement and Maintenance of Markers. The Board of Commissioners of McDowell County is designated a suitable agency for place-ment and maintenance of the markers imple-menting this Rule. Siatuioty Authority G.S. 75A-3; 75A-/5. .0342 CAT.WVHA COl NTY (a) Regulated /Vreas. This Rule applies to the following waters of Lake Ilickor)': (1) (2) ill the public fishine pier located at the old Wildlife Club off^i:th Street Dnve, N\V, City of Ilickon,-; the shores of the Dixie Boat Club, Inc.; that area within 50 yards of the Moore's lem IJoat .Marina and Boathous 44th .\\enue. Circle N\V. ise on (b) Speed Limit. No person shall operate a vessel at greater than no -wake speed in the waters of the regulated areas specified in Paragraph (a) of this Rule. fc) Placement and NLiintenance of .Markers. The governing board of the City of Hickop, and the Catawba County Board of Commissioners are designated suitable agencies for placement and maintenance of the markers implementing this Rule, subject to the approval of the L'nited States Coast Guard and the L nited States .'Vrmy Corps of Lngineers. Statutoty Authority G.S. 75A-3; 75A-/5. 1\ otice is hereby gi\en in accordance with G.S. I50B-I2 that the DEHXR. Dixision of Parks and Recreation intends to amend nde(s) cited as ISA SC.iC I2C .0306. 1 he proposed effective date of this action is January J, J 992. Thhe public hearing will be conducted at 10:00 a.m. on October 3, 1991 at the Ground Floor Hearing Room, .-irchdale Building. 512 \. Salisbwy Street, Raleigh, .\.C. Coommcnt Procedures: A II persons interested in this matter are imited to attend the public hearing. Any person requiring information should contact Jim Hallsey. Chief of Operations. Di\-ision of Parks and Recreation. 12700 Bayleaf Church Road, Raleigh, Sorth Carolina, 27614 (919) 846-9991. Written comments may be submitted to the above address prior to the public hearing. Written and oral comments may also be submitted at the public hearing. Sotice of an oral presentation must be given to the above address at least three days prior to the public hearing. H/ditor's Xote: This Rule has been fled as a temporary amendment effective .August 12, 1991 for a period of ISO days to expire on Februar}' 8, '1992. CIIAPTKR 12 - PARKS .VND RECRE.VTION AREA RLLES SLBCHAPTER I2C -STATE LAKES REGULATIONS SECTION .0300 - CONSTRUCTION .\ND USE OF I'lERS AND OTHER STRL CTLRES ON ST.\TE LAKES .0306 FEES Lhe following schedule of fees shaU be applica-ble to all structures beginning Fobaian. ' +t 1'^71, August J_^ I'jQl. the payment of which shall be prerequisite to the riglits and pri\ilegcs exercised pursuant to these regulations and any and all permits issued pursuant thereto. Annual fees are due on May 1 of each year: (1) Fach application for the construction or placement of a new structure or the com-plete replacement of an existing structure, or the complete replacement of a structure for which a permit has previously been is-sued but which structure has been destroyed or remoNcd by any means, shall be accom-panied bv an application fee of twontv del-lafs (yo'OO) sixty dollars ($60.00) which is only refundable li the apphcation is rejected. (2) Applications for modifications or enlarge-ment of an existing structure for which a vahd pennit is held by the applicant for modification or enlargement thereof shall be accompanied bv an application fee of twenty doUan-. (S20.00) sixty dollars (S60.00) which shall be refundable only if the apphcation is rejected. (3) Apphcation for renewal of a permit which was otherwise \'alid but which has been re-voked for failure to pay the annual pier re-newal fee within the time provided within 60 days after the due date thereof shall be accompanied by a renewal application fee of twenty doliarf. (S20.n0). sixty dollars (?60.00). which shall onl\- be refundable if the apphcation is rejected. 693 6: 1 1 NOR TH CA ROLINA REGIS TER September 3, 1991 PROPOSED RULES (4) Transfer Fee. Applications for a transfer of a permit to the new owner of the waterfront property or the new owner of an interest in waterfront property giving rise to the right of a permit under these regulations shall be accompanied by a transfer fee of te* doUaro ($10.00), thirty dollars ($30.00) which shall not be refundable for any rea-son. This fee is not subject to being pro-rated and shall be paid in full without regard to the time of \ ear at which the transfer oc-curred. (5) Application for a nonconforming use per-mit shall be accompanied by an apphcation fee of fiftv dollar?. ($50. 00), one hundred and fifty dollars ($150.00), which is not refundable for any reason. (6) /'Vnnual fees: (a) private structures: (i) piers not more than 50 feet in length — 6w dollars ($5.00): fifteen dollars ($15.00): (ii) piers more than 50 feet in length but less than 101 feet in length - kn* dollars fSWrOa^ thirty dollars ($30.00); (iii) piers more than 100 feet in length but less than 151 feet in length -- lift con ^^^ laf» ($15.00): fortv-tive dollars ($45.00): (iv) piers more than 15U feet in length — twenty doUaro ($30.00); sixty dollars ($60.00); (v) boat ramps, boat mooring buoy -- five doUars ($5.00); fifteen doUars ($15.00); (b) commercial structures: (i) piers less than 225 feet in length — t^ii ontv fivo dollars ($35.00); seventv-five doUars ($75.00); (ii) all piers more than 225 feet in length -- fifty dollars ($50.00); one hundred and fifty dollars ($150.00): (iii) boat ramps, boat mooring buoys -- t>'i entv fivo dollars ($35.00); seventy-five dollars ($75.00); (c) public structures -- tea- dollars ($10.00). thirty dollars ($30.00). Statuiory- Aulhorily G.S. 1 13-35. TH LE 16 DKPARTMEM OF PLHFIC FDLC.VFION lyotice is hereby given in accordance with G.S. I50R-I2 that the State Board of Education in-tends to amend rule(s) cited as 16 NCAC 6D .0102: and adopt rule{s) cited as 16 NCAC 6E .0301 - .0303. 1 he proposed effective date of this action is February 1, 1992. 1 he public hearing will be conducted at 10:00 a.m. on October 4, 1991 at the State Board Room, 3rd Floor, Education Bldg.. 1 16 West Edenton Street, Raleigh, .\C 27603-17/2. Oomment Procedures: Interested persons may submit viev.'s and comments in writing either prior to or at the hearing or orally at the hearing. LLditor's Xote: These Rules have been filed as temporary ndes effccti\-e .-iugivit 12, 1991 for a period of ISO days to expire on Febniaty I, 1992. CH.M'IKR 6 - ELKMENTARY A^D SECONDARY EDLC.UION SI BCMAPTER 6D - INSTRLCTION SECTION .0100 - CLRRICLLLM .0102 BASIC EDLCVTION PROGRAM (a) Each FEA shall implement the BEP as de-veloped by the department, to the extent that state funds are made available to it. This Rule covers the curricular component of the BEP. (b) The standard course of study includes, at least, a program of studies in the following areas: (1) arts education; (2) communication skills; (3) guidance; (4) healthful living; (5) librar>'/media skills; (6) mathematics; (7) science; (8) second language studies; (9) social studies; and (10) vocational education. fe) fe discharging their duly te- provido a courso ef training aft4 instruction m Ae opc'ralion ef motor ' chicles fe» s*?4- forth vet Ci.S. 1 15C 316. two ef more FEAs may jointly operat e such a pro gram undor a vvrittL'n agrL'omont bL'twoon e* among Ae FFjXs. Ihose FEi\s shall inform A« SBF] »f which 1 I'j\ has assumed udministrati'ie responsibility fof t+n* program. Fv e n. " program niust meet t+te following critona: f4^ 44ie program i* free ef charge te eligible persons. (4^ Enrollees must obtain either a temporary' learner's pennit Bf a riM ilricted instruction pennit before tl^ey begin beliind the ' ' heel instruction. (4^ Classroom instruction consists »f at- least ^ clock hours, i» accordance witfe a 6tH^ 6:11 SORTH C.iROHNA REGISTER September i, 1991 694 PROPOSED RULES nculum guidt-' isiiuod t*y (+» dopurtmont. Each student muot comploto at- loast 4 hours ef bohind the whool instruction. {A) LI As must make those programs fea-sonably a'l ailublt' &» a year round basis te-aii L' ligiblc per'.ons. (44 I HAs may »«+ provide classroom m-structi(^ n te le^ than M students. Class !*^ limitations apply te classroom in"truction. Lb As Hwy ft€4 provide m-struclion *» (4+e eaf t» k^w than tvn* »«* more than fo«f titudents. (4f LI' As may provide »» more than t-v.^ hours e+' in 'Uruction fvf 4ay-T except that-they may a44 t+ftt» hour t4" in car uV'tmc rTTTTT rrr l tt t t i i v t u. i • rrr l ni..','i * '^.'iii iii 'iililih.'ii » i*fte dr+y^ t*f H«+ hourv t4 m car ift-struction ever. " other drty ti* t-wo hours »f daily classroom instruction. f?-t L I ;\s fftay- organij'e e.xtended school day aft4 Saturday programs ft&t- to exceed Vwe hours pef extended school tk+y afhi si* hours pef Saturday fo* each teacher. f^ LEAs shall issue te students who satis factorily complete t+» prescribed course a certificate »« a tomi supplied by ti+e de-partment. (-Of Dri'i er education instructors must possess a vithd North Carolina driver's licence aftd mu-. t have a driving record acceptable te-t- he I 1 j\ hT 'tructors mu'. t hold a gradu ate ef class A dnver education certificate. Statutory: Authority G.S. I I5C-12(9 )c.; J/5C-8J. SLBCH.\PTER 6E - STL DENTS SECTION .0300 - DRIVER TRAINING .0301 DRI\ER TRAINING (a) In discharging their dut\- to provide a course of training and instruction in the operation of motor vehicles as set forth in G.S. 115C-216, lo-cal boards of education shall pro\'ide a program which meets the following standards and re-quirements: (1) EnroLlment in the program will be limited to students mectina the criteria established by G.S. 20-88. 1: (2j The program will be free of charge to el-igible students; (3) EnroUees must obtain either a temporar)' learner's permit or a restricted instruction permit before they begin behind-the-wheel instruction; (4) Classroom instruction will consist of at least 30 clock hours of instruction in the topics previously listed in the Healthful Living Section of the Teacher Handbook. Upon successful completion of a Depart-ment pretest, students may take and pass a proficiency examination developed or designated by the Department of Pubbc Instruction to waive the classroom in-struction. Each student must complete a minimum of six hours of behind-the-wheel instruction; (5) The program wiU be reasonably available on a year-round basis to all eUgible per-sons; (6) The local board of education will deter-mine class size restrictions, but may not allow instruction in the car to less than two nor more than four students; (7) The local board of education will deter-mine the amount of instruction per day for classroom or in-car instruction or a combination of both; (8) The local board of education will issue a certificate to students who satisfactorily complete the prescribed course; (9) Driver education instructors must possess a \alid North Carolina driver's license and must have a driving record acceptable to the local board of education. In addition, instructors hired for driver education shall either: (A) hold a driver education certificate issued by the SBE; or (B) have non-certified status according to minimum standards established bv Rule .0302 of this Section. (10) Except as previously allowed by the SBE, the program shall not be provided during the regular instructional day. (b) Two or more local boards of education may jointly operate a program under a written agree-ment meeting the requirements of G.S. 160A-460 et seq. The agreement shall provide for one local board of education to assume administrati\e re-sponsibility for the program. Statutory Authority G.S. 20-88.1: II5C-216. .0302 NON-CERTIFIED INSTRLCTOR STATES I o qualify for non-certified instructor status, a person must, as a minimum: ( 1 ) have graduated from high school or hold a high school cqui\'alency certificate; (2| be of good moral character; (3) not have had convictions of moving vio-lations totalling seven or more points in the three years preceding the date of application: (4) ha\e at least four years' experience as a li-censed operator of a motor vehicle; 695 6:11 yORTH CAROLIXA REGISTER September 3, 1991 PROPOSED RULES (5) not have had a revocation or suspension of his or her driver's license in the four years immediately preceding the date of apphca-tion; and (6) have completed the licensed instructor course offered through the community col-lege system and approved by the Depart-ment and the Division of Motor Vehicles. Statutory Authority G.S. 20-S8.I: II5C-2I6. .0303 DRIVER EDLCATION CONTRACTS (a) Local boards of education may enter into contracts with public or private entities or indi-viduals to provide a program of dri\'er education for students. (b) Contracts shall be awarded on a compet-itive basis through requests for proposals to contract. Local boards of education shall estab-lish the process for sohciting proposals, the number of proposals required, and the time and place for receiving and opening proposals. In addition, local boards of education shall deter-mine whether bid bonds or performance bonds shall be required. Decisions to award contracts shall be based on quality, safety, costs and such other reasonable factors as local boards of edu-cation may establish. (c) A contract may not be awarded to an entity not hcenscd by the Division of .Motor Vehicles as a commercial driving school pursuant to G.S. 20-320, et. seq. A contract may be awarded to an individual not hcenscd as a commercial driv-ing school by the Division of Motor Vehicles if he or she is certified by the SBE in driver educa-tion or hold non-certified instructor status. (d) AH contracts shall specifically require the contractor to adhere to the requirements of these Rules, 16 NCAC 6E .0301 - .0303. In addition, all contracts shall prescribe: (1) the term of the contract, which may not exceed one year; (2) the procedure for renewal of the term of the contract, if any, except that a contract may not be renewed for more than two successive one-year terms; (3) the grounds for termination of the con-tract, including automatic termination in the event of revocation of the hcense re-quired by G.S. 20-320, et. seq.; (4) whether school facihties or vehicles are to be leased or used by the contractor and, if so, the terms and conditions or the lease; (5) whether the contractor wiU provide trans-portation home for students; (6) the types of vehicles and equipment to be provided by the contractor, if any; and (7) such other terms and conditions, including the purchase of insurance by the contrac-tor, as the local board of education may determine to be reasonable and appropri-ate. Statutory Authority G.S. 20-SS.I; II5C-2I6. TITLE 25 - OFFICE OF STATE PERSOVSEL J\ otice is hereby given in accordance with G.S. 150R-I2 that the Office of State Personnel intends to adopt nde(s) cited as 25 NCAC ID .2105 - .2/08; It .0301 - .0307; and repeal rule(s) cited as 25 NCAC ID .2101 - .2104; IL .0201 - .0203. J he proposed effective date of this action is January I, 1992. 1 he public hearing will be conducted at 9:00 a.m. on October 3, 1991 at the Personnel Devel-opment Center, 101 W. Peace Street, Raleigh, N.C. (^ omment Procedures: Interested persons may present statements either orally or in writing at the Public Hearing or in writing prior to the hearing by mail addres.^ed to Drake Maynard, Office of Stale Personnel, 1 16 W. Jones Street, Raleigh. N.C. 27603. CHAPTER 1 - OFFICE OF STATE PERSONNEL SUBCHAPTER ID - COMPENSATION SECTION .2100 -SPECIAL SALARY ADJUSTMENTS .2101 DEFINITION AND POLICY (REPEALED) .2102 APPLICABILITY (REPEALED) .2103 JUSTIFICATION (REPEALED) .2104 RESPONSIBILITY OF THE STATE PERSONNEL DIRECIOR (REPEALED) Statutory Authority G.S. 126-4. .2105 INTRODUCTION The policy is not intended to resolve all re-tention problems. Funds are available only from limited salary reserves of an agency or program and these funds must be managed to sen'e a va-riety of program necessities. 1 herefore, the im-plementation of special salary adjustments is limited to the most critical retention issues. Statutory .iuthority G.S. 126-4. 6:11 NORTH CAROLINA REGISTER September 3, 1991 696 PROPOSED RULES .2106 PURPOSE The purpose of retention salar\" adjustments is to provide a last resort means to maintain em-ployment of a key employee who has a similar job offer outside the go\emment structure. It is not a purpose of the rules in this Section to re-duce the employee turnover ratio of the employer in any appreciable sense; the purpose of the rules in this Section is to retain key employees. Key employees may exist at any hierarcliical level in the organization and may represent most occu-pational families. They topically occupy one of a kind jobs or jobs that are documented as ex-tremely hard to fill. Statuior\- Auihoriiy G.S. 126-4. .2107 POLICY (a) Special Salary Adjustments Retention are within grade pay increases not covered by other pay administration policies that may be necessary in cases of key employee retention problems re-lated to critical and unusual labor market condi-tions. (b) Special salary adjustments are not permis-sible where the intent or result would \iolate or circum\ent the pro\isions of other pay adminis-tration policies or any pro\ision of law in effect at the time, .\gency management and university management are responsible for maintaining internal equity among their employees and for assuring that special salary adjustments do not create other inequities. (c) Recommended adjustments under this Rule are subject to the availability of salary reserve funds and are subject to approval of the State Personnel Director and the Director of State Budget and Management. (dj Justification, addressing the criteria listed in this Section must accompany requests for special salary adjustments, includmg specific outside sal-ary offers. Statutoiy Authoritv G.S. 126-4. (4) The position duties are key to agency or program mission accomplishment. The knowledge, skills and abilities required of an incumbent are clearly identified as difficult to recruit, or the occupational group is ac-knowledged by the Office of State Personnel as having a critical labor market shortage. (5) The agency must confirm that the use of established personnel policies actions are not feasible alternatives to a special salary adjustment (promotion, position reallo-cation, salar.^ range revision, performance increase). (6) The agency must confirm that other man-agement a]temati\-cs (realignment of duties; allocation of additional personnel, equip-ment, or other resources; commitment to personal development needs or future job opportunity; or other actions meeting mu-tually perceived needs that are not currently a\ailable, but are perceived by the employee as being better satisfied by the external job offer) are not feasible. (7) The employee for whom the special salar>' adjustment is proposed must have an above satisfactory performance level. Statutory .-iuthonty G.S. 126-4. SLBCHAF'TER IL - AKHRM.\TI\ E ACTION SECTION .0200 - ACQUIRED IMMUNE DEFICIENCY S^>,DROME (AIDS) IN THE ^^ORKPLACE .0201 EDUCATION .\ND TRAINING (REPEALED) .0202 BASIC EDUC.VriON AND TRAINING COMPONENT (REPEALED) .0203 SPECIALIZED EDUC.\TION .\ND TRAINING COMPONENT (REPEALED) Statutory .Authority G.S. 126-4. SECTION .0300 - EQUAL EMPLOYMENT OPPORTUNITY INSTITUTE .2108 CRITERIA Conditions to be met pnor to requesting a re-tention increase are as follows: (1) There is a bona fide written job offer from an employer outside the government struc-ture which provides greater compensation without increased responsibility. (2) There is no current employee with sub-stantially equal qualifications for promotion to the potential vacancy. (3) Serious salary inequities would not be cre-ated by a special salary adjustment. .0301 PURPOSE Ihe Equal I'mployment Opportunit\ Institute (1 EOI) is intended to provide state go\emment executives, managers and super%'isors with prac-tical training that will assist them in becoming more effccti\e managers and supervisors of an increasingly diverse workforce. The EPOI is in-tended to increase understanding among manag-ers and supervisors of their roles and responsibilities in managing employees from dii-ferent backgrounds and cultures, and the corre-sponding laws, policies, and employment 69: 6:11 \ORTH CAROLINA REGISTER September 3, 1 99 1 PROPOSED RULES practices and techniques complementing this purpose. Statutory Authority G.S. 126-16. 1. .0302 EEO INSTITLiTE: PARTICIPATION Supcnisors and managers hired, promoted or appointed on or after July 1, 1991 shall partic-ipate in the EEO I. Supervisors and managers appointed on or before July 1, 1991 are encour-aged to participate in the EEOI. Agencies, de-partments and universities shall not be authorized to conduct or contract for substitute training to replace EEOI. EEOI training is de-signed to: (1) Address and discuss the histor>' and evolu-tion of Equal Employment Opportunity concepts and principles. (2) Assist managers and super\'isors in incor-porating their Equal Employment Opportu-nity responsibilities with other management responsibihties. (3) Expose managers and supervisors to workplace equity and fairness issues. (4) Review and discuss accepted management practices for valuing and managing di\ersity in the workplace. (5) Pro\ide understanding of how diversity can increase productivity and efficiency. (6) Empower managers and supervisors to re-main adaptable and flexible to meet the challenges of an ever changing and more di-verse workforce. Statutory Authority G.S. 126-16. 1 . .0303 responsibilhiks: agencies (a) It is the responsibility of the head of each state agency and department, and university chancellor to enroll each supervisor or manager appointed on or after July 1, 1991 in the EEOI. The enrolhnent shall be within one year of his appointment. (b) Each agency, department or university (hereafter named Agency) shall be responsible for providing its prorata share of the cost for supplies and resource materials. (c) Agencies shall be responsible for verifying candidate eligibility reports. (d) Agencies should enroll incumbent managers and supervisors to participate in the EEOI when space is available. (e) Agencies should incorporate in their new employee orientation program a module of in-struction designed to familiarize new employees with the agency's commitment to equal employ-ment opportunity. Statutory Authority G.S. 126-16. 1. .0304 RESPONSIBILITIES: M.ANAGERS AND SLPERVISORS (a) AU managers and supervisors shall, on an on going basis, assure that their management practices are fair and that the work environment enhances equal employment opportunity. (b) Managers and supervisors hired on or after July 1, 1991 shall attend and complete the EEOI in the prescribed time frame. Statutory Authority G.S. 1 26- 16.1. .0.^05 RESPONSIBII ITIES: OFFICE OF ST.\TE PERSONNEL (a) All EEOI training shall be conducted by the Equal Opportunity Services (EOS) Division of the Office of State Personnel (OSP). (b) The Oftice of State Personnel, through the EOS Division shall fuUy administer the EEOI Program. (c) The Office of State Personnel shall report semi-annually, through the State Personnel Commission, to the Joint Legislative Commis-sion on Governmental Operations beginning Januarv- 1, 1992. Statutory Authority G.S. 126-16. 1. .0306 ADMINISTR.XTION: DEFINITIONS (a) "Super\'isory positions" are defmed as po-sitions in which the majority of the work per-formed is directing the work of other positions. These employees have the authority to assign work and to evaluate work; to hire employees; to discipline or dismiss employees; or have signif-icant input into such actions. (b) ".Managerial positions" are defmed as po-sitions which manage estabhshed divisions or subdi\isions of a department, agency or univer-sity. These employees direct the work of one or more supervisors and have the authority to hire, reward, discipline, or discharge employees. These employees may also provide suggestions for changes in policy to senior executives with policy-making authority. (c) "Executive managerial" positions are de-fmed as policy making positions. Employees in these positions are agency/department heads, university chancellors, deputies, assistants, vice-chancellors, and other policy makers. The em-ployees in executive managerial positions are usually appointed or elected. Eor the purposes of this policy, the defmition of supervisors, man-agers, and executives also includes the setting of performance expectations, conducting perform- 6: 1 1 NOR TH CAROLINA REGIS TER September 3, 1 991 698 PROPOSED RULES ance appraisal conferences and evaluating per-formance. (d) "Incumbent Executives, Managers and Supervisors" are defmed as executive managers and supervisors hired or appointed into positions pnorto July 1, 1991. (e) (1) (3) (0 EHOI Candidates" are defmed as: Managers and supervisors hired on or after July 1, 1991 and who may or may not have served in a management role in state government. Incumbent executives, managers and supen.isors appointed hired to a different management position on or after July 1, 1991 and who have not completed the EEOI are strongly encouraged to enroll. Executive level managers who are hired or appointed with or without executive level experience in state government on or after July 1, 1991. "Training Level 1" is defined as the full supervisors identified in Rule .0305(a) of this Section. /Mso, management level employees as identified in Rule .0305(b) and (c) of this Section may participate on a space availabihty basis. (g) "Training Level 2" is defmed as an abbre-viated course designed for executive level man-agers as identified in Rule .0305(c) of this Section. Also, executive level managers as iden-tified in Rule .0305(b) of this Section may par-ticipate on a space availability basis. Statutory Authority G.S. 126-16. 1 . .0307 COl RSK SCI lEDL LING AND SITE SELECTIONS Traiiring as set out in Rule .0306 of this Section may be scheduled and conducted at various sites across the State of North Carolina. Schedules will be distributed semi-annually and updated or adjusted as necessary. Statutory Authority G.S. 126-16. 1 . EEOI Training designed for those managers and 699 6: 1 1 SOR TH CAROLINA REGIS TER September 3, 1 991 FINAL RULES /idopted rules filed by the Departments of Correction, Revenue and Transportation are published in this section. These departments are not subject to the provisions of G.S. I SOB, Article 2 requiring publication in the N.C. Register ofproposed ndes. LJpon request fom the adopting agency, the text of ndes will be published in this section. TH LF 5 DEPARTMKM OF CORRECTION CHAPTER 2 - DIMSION OF PRLSONS SI B( IFAPIFR 21) PI BLIC (OMMUMCATIONS SECTION .06(HI - ACCESS TO INFOR^L\TION/IN^FA IE RECORDS .0601 FNAFATF RECORDS (a) Matters of public record will be made available for examination upon request. Copies may be provided at the expense of the requestor. An imnate's or former inmate's name, age, race, sex, oflcnse for which con\icted, court where sentenced, length of sentence, date of sentencing, date of arrival at or transfer from a prison, program placements and progress, custody classification, disciplinar}' offenses and dispositions, escapes and recaptures, dates regarding release, and the presence or absence of detainers will be considered matters of public record. Except as provided in this Section, no other matenal may be released to anyone. Unauthorized release of confidential information by departmental employees will be cause for immediate dismissal or other appropriate disciplinary' action. (b) Medical records, except for psycliiatric and psychological evaluations of an inmate or former in-mate may be released to a physician, the legal representative of the inmate, or the personal represen-tative of a deceased former inmate with the written consent of the person to whom such records pertain or the personal representative of such person if the inmate is deceased. (c) Mental Health Records. Upon written consent, the content of an inmate's mental health records may be released to the attending psychologist, ps\cliiatrist, or governmental agencies directly invohed in mental health, rchabihtation, or disability services or esaluations. Mental he;dth records may be released to the inmate's hcensed attorney upon a request specifying with reasonable clearness the par-ticular records of treatment which the attorney needs to review. If the mental health records do not contain any reference to the treatment with which the attorney is concerned, the attorney wiU be so advised. The request must be accompanied by a statement signed by the inmate giving his consent for the attorney to have access to the records. The Chief of Mental Health Services or his designee wiU review the records to determine if the release of any material contained in the requested records poses any risk of harm to another person or would \iolate the confidence of any third party. If the requested records do contain such material, the records will be released in a form in wliich such material has been deleted or in which the contents of such material has been summarized to provide the requested infor-mation without risking harm to other persons or violating the confidence of third parties. The attorney to whom the records are released shall promise in writing not to aUow the inmate direct access to the records but may discuss the contents of the records with the inmate, fhe attorney will not rc\eal the contents of the records to other persons except mental health professionals, such as psychologist or psychiatrist who may be employed as an expert witness. If any attorney shall violate his or her promise to m;iintain the confidentiality of the mental health records, he or she and, or the firm with which he or she is associated shall lose the privilege of having access to mental health records. Copies of mental health records will be provided at the expense of the requestor. (d) Material contained in inmate files may be released to official federal, state law enforcement agencies, and the staff of the Attorney General's Office when their representatives present proper cre-dentials. Such agencies must agree to maintain the confidential nature of the material or irifonnation. Materials will be provided to the courts upon recjuest. No material should be copied unless absolutely necessary. Ilistofy \ote: Statutory Authority G.S. NS-//: 6:11 NORTH CAROLINA REGISTER September 3, 1991 700 FINAL RULES Eff. Fcbf-uarv I. 1976: Amended Eff. September I. 1991; July I. 1987. TITLE 19A DEPARTMENT OF TRANSPORTATION CHAPTER 3 - DIMSION OF MOTOR \ EHICLES SI BCHAPTER 3D - ENFORCEMENT SECTION SECTION .0100 - GENERAL INFORMATION .0101 PURPOSE This Section establishes rules for and provides information on the following: (1) motor \chiclc dealer sales, distributor and factor>" representative license; (2) motor %ehicle thefts; (3) mechanics and storage lien; (4) notice of sale; (5) safety inspection of motor \'eliicles; (6) licensing of safety inspection stations; (7) enforcement of weight regulations; and (8) appro\al of motor \ehicle safety equipment. Histon- \ole: Statutory Authority G.S. 20-1; 20-39; 20-45; 20-49 through 20-50; 20-52.1; 20-57; 20-64(a); 20-6S; 20-72 through 20-79.1; 20-82 through 20-83; 20-84. 2; 20-85 through 20-86; 20-86.1; 20-87 through 20-88; 20-88.1; 20-91.1; 20-96; 20-99; 20-103 through 20-104; 20-114; 20-116; 20-117.1; 20-118; 20-1 IS. I; 20-122 through 20-135.3; 20-183.2 through 20-183.12; 20-308; 20-347; 44A-1 through 44A-4; 54-4; 55-)31; 66-68; 105-449.52; 153-9; 160A-303; Eff July 1. 1978; Amended Eff October 1. 1991; February I, 1982. SECTION .02(K) - MOTOR \ EHICI E DEALER. SALES, DISTRIBUTOR .\ND FACTORY REPRESENTAinE LICENSE .0216 DEFINITIONS (a) Statuton,' Defmitions: Definitions for words and phrases used in these regulations not defmcd in subsection (b) shall be the same as the definitions appearing in G.S. 20-286 and G.S. 20-4.01. (b) Administrative Definitions: The following words and phrases shall have the meanings listed be-low when used in these regulations: (1) "Established Salesroom" - Means a salesroom containing 96 square feet of floor space in a per-manently enclosed building or structure which is separate and apart from any living quarters, residence or other business and having a separate entrance; where any vehicles displayed are separate and apart from vehicles of any other dealer; ha\'ing displayed thereon or immediately adjacent thereto a sign, in block letters of not less than 3 inches in height on a contrasting background, clearly and distinctly designating the trade name of the business at which a per-manent business of bartering, trading and selling of motor \ehicles will be carried on as such in good faith and at which place of business shall be kept and maintained the books, records, and files the Division may require as necessary to conduct the business at such location. A building would not be considered permanent if it has wheels. In order for a manufactured home to be considered a permanent enclosed building, it would have to be underpinned and wheels re-moved. Pro\ided, howe\-er, the minimum area requirement provided for in this Paragraph is not applicable to any established place of business lawfully in existence and duly Licensed on or before January 1, 1978. (2) "I'stablished Office" (Wholesaler) - Means an otTice containing 96 square feet of fioor space in a pennancntly enclosed building or structure which is accessible to Division personnel and is a place where books, records and files are required to be kept. 701 6:11 NORTH CAROLINA REGISTER September 3, 1991 FINAL RULES (3) "Supplemental Location" - .\ny improved or unimproved lot that is not immediately adjacent to the principal place of business at which a permanent business of bartering, trading and selling motor vehicles will be carried on as such in good faith and which is located within the relevant trade area of the applicant dealer as defmed by G.S. 20-286(1 3b). A supplementary' lot must have displayed thereon a sign in block letters not less than 3 inches in height on a contrasting background, clearly and distinctly designating the trade name of the business and the address and telephone number of the principal place of business. Supplemental locations must operate in exactly the same name as the principal place of business and only vehicles owned by or lawfully consigned to the principal place of business may be offered for sale at supplemental locations. Provided, the provisions of this Subparagraph shall not apply to sales of recreational vehicles and boat trailers which take place at trade shows within the franchise area of the participating licensed dealers. If a particular recreational vehicle or boat trailer manufacturer has not awarded a franchise in an area where a trade show is to take place, other licensed dealers holding a fran-chise from the manufacturer may nonetheless participate in the show. (4) "Suspension" - Ihe temporary withdrawal of a license issued by the Division of Motor Vehicles to a motor \'chiclc dealer, manufacturer, factor^' branch, distributor, distributor branch, whole-saler or their sales represcntati\e for a dcfmite period. (5) "Re\'ocation" - The termination of a license issued by the Di\ ision of .Motor Vehicles to a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler or their sales representative. (6) "Automobile" - Any passenger car or station wagon. Histoty .\ote: Filed as a Femporary Amendment Eff. February 9, I9S9 for a Period of ISO Davs to Expire on August 8, I9S9; Statutory 'Authority G.S. 20-1: 20-302; Eff. June I. 1988; Femporaty Amendment Expired Eff .August S, I9S9; Amended Eff October /. 1991: October f 1989. .0217 AFPIJCATrON FOR LICENSE (a) Applications for all licenses required by the Dealers and .Manufacturers Licensing Act shall be made on forms furnished by the Division and signed by the Owner, partner or proper officer of a cor-poration and filed with the Lnforcement Section, N. C. Division of .Motor Vehicles; Raleigh. North Carolina 27697, accompanied by the necessar\' fees; provided, the Division shall not issue a motor ve-liicle dealer license to a new motor vehicle dealer unless or until the applicant has satisfied the Division that a distributor or manufacturer has awarded the applicant a franchise to sell new motor vehicles in the relevant market area for which a license is sought. (b) The application and renewal for license to do business as a manufacturer, factory branch, dis-tributor, distributor branch, wholesaler or dealer, must be signed by the owner, partner or an officer of the corporation. The application for license as a motor vehicle sales representati\e, distributor or factory representative must be certified by the owner, partner, or an officer of the corporation. (c) Application for all licenses required by the Dealers and Manufacturers Licensing Act must accu-rately describe the physical location of the business such as: street number, street name, city, state and zip code. If a post office bo.x or rural route is used, the above infonnation must also be included. It is not permissible to have a mailing address different from the actual location of the business. Whole-sale applicants must supply the Division with a telephone number at which such business may be contacted by a representative of the Division concemmg records and sales transactions. (d) Each applicant before being approved for license as a motor \cl'ucle dealer, manufacturer, dis-tributor, distributor branch, wholesaler or factory' branch shall furnish a corporate surety bond, cash bond or fixed value equi\alent thereof in the amount of twenty-five thousand dollars ($25,000) for one estabhshed salesroom of the applicant and ten thousand dollars ($10,000) for each of the appUcant's additional established salesrooms. The amount of the bond for other applicants required to furnish a bond is twenty-five thousand doUars ($25,000) for one place of business of the apphcant and ten thousand dollars ($10,000) for each of the applicant's additional places of business. This bond shall remain in force and effect so long as the hcensee remains in business. When a cash bond or equi\alent thereof is filed with the Di\ision, same shall remain in effect for a period of four years after termination of business. The name and address appearing on the bond must be exactly as shown on the applica-tion. 6:11 NORTH CAROLINA REGISTER September 5, 1991 702 FINAL RULES (e) The Division must have evidence of an assumed name being filed witli the Register of Deeds in the county in North Carolina where the business is maintained when such business is operated under any designation, name or style other than the real name of the owner or owners thereof or under its corporate name. /Vfter this filing when there is a change of name and or ownership, such must be filed with the Register of Deeds and evidence of this change being filed furnished to the Division of Motor Vehicles. (f) A foreign corporation must procure a certificate of authority from the North Carolina Secretary of State before being licensed to operate in this State under the Dealers and .Manufacturers Licensing Law. and written proof of same pro\ided to the Division. (g) Before a North Carolina corporation can be licensed under the Dealer and Manufacturers Li-censing Law, articles of incorporation must ha\e been fded with the North C:u'oUna Secretary of State, and written proof of same provided to the Di\ision. (h) Before the Division can issue licenses required by the Dealers and Manufacturers Licensing Act, the established salesroom or estabhshed office is required to be in compliance with all state, county and municipal zoning ordinances or regulations, and written proof of same provided to the Di\ision. (i) Fnor to issuance of licenses required by the Dealers and .Manufacturers Licensing .-\ct. the appli-cant must purchase all required state and local "' I'raders" licenses, and wntten proof of same provided to the Division. (j) License fees for each fiscal year, or part thereof shall be as provided under G.S. 20-289: provided no license shall be issued until the fees for license required by G.S. 20-79 ha\e been paid to the Dhision. (k) Upon receipt of application for any license required by the Dealers and .Manufacturers Licensing .\ct, the Commissioner shall cause an investigation to be made to determine whether the apphcant meets the requirements of law for licensing as a motor vehicle dealer, manufacturer, factoPt' branch, distributor, distributor branch, wholesaler, motor vehicle sales representative, factor.' representative or distributor branch representati\'e. and this shall include the inspection of the proposed location, appli-cations and other required documents by an agent of the Enforcement Section. (1) When applicant for license under this section is approved, based upon the application and the results of in\'estigation made, the applicant will be issued license subject to the following limitations: (1) A license issued under the .Motor \'ehicle Dealers and Manufacturers Licensing Act shall be \'alid until suspended, revoked or expired. License must be at all times conspicuously displayed at the place designated therein. (2) Any motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler who moves his place of business from the location for which license was issued shall immediately notify the Enforcement Section. North Carolina Division of \Iotor Vehicles, of such change of location and shall not engage in the business of buying, seUmg. trading or man-ufacturing motor vehicles until the new location has been inspected and approved by an agent of the Division and the necessary form and additional fees, if any, have been submitted to the Division. (3) License issued pursuant to this ^Article shall not be assignable and shall be \alid only for the owner, or owners m whose name or names they are issued and for transaction of business only at place designated therein. If indi\idual, partnership or proprietorship should incorporate, new fees are due. (4) The Division shall be notified when there is a change of name and licensee shall produce evidence that a bond as required by G.S. 20-2SSfe) is in effect. (m) The Commissioner shall deny the application for any license under the Motor \'ehicle Dealers and Manufacturers Licensing Act of any applicant who fails to meet the qualifications set out in Article 12 of Chapter 20 of the North Carolina General Statutes. Upon denial, applicant: (1) Will be notified by certified mail within 30 da\s from denial of license, directed to the address shown by applicant on application form. (2) Upon request, will be atYorded a hearing by the Commissioner of .Motor \'ehicles as required under provisions of G.S. 20-295: applicant must tile request for hearing allowed b>' this section within 30 days of denial of license. (n) E\'ery motor vehicle sales representative who engages in business in this State as such must obtain a license. Applicants for a motor veliicle sales representati\e's license shiill be subject to the tbllowing pro\isions: (1) A sales representati\c. factor. represcntati\e, or distnbutor representative, must be employed b\' a motor \'ehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler. ~03 6:11 NORTH CAROLINA REGISTER September 3, I99I FINAL RULES (2) /\]1 applications for sales representative, factory representative, and distributor representative li-censes must be made on forms furnished by the Division. Each application must be signed by the applicant and endorsed by the employer or employers. (3) AU sales representative, factory representative, and distributor representative licenses shall be valid until suspended, revoked, or expiration, or until employment as a sales representative, factory representative or distributor representative is terminated. (4) /VU sales representatives, factory representatives, and distributor representatives shall at the time of changing employment return his license and make application to the Division on forms fur-nished by the Di\ision designating the name and address of the new employer and must be signed by the applicant and endorsed by the employer or employers. If the representative changes employers, the representative shall immediately apply to the Division for a license that states the name of the represenative's new employer. The fee for issuing a license stating the name of a new employer is one-half the fee set in G.S. 20-289 for an annual license. Histoty Note: Statutoiy Authority G.S. 20-1: 20-52.1; 20-75; 20-79; 20-S2; 20-2S6(6) and (15); 20-287p; 20-288; 20-290(a); 20-291: 20-294 through 20-296: 20-30 J through 20-305; 20-305. J through 20-305.3: 54-4; 55-131; 66-68; l43B-550(g): Eff. June I, 1988; Amended Eff. October I. 1991: September I. 1991. .0218 DESCRIPTION OF LICENSE (a) Every license issued to a dealer, manufacturer, factory branch, distributor, distnbutor branch, or wholesaler must show the name of the business, location, hcense number and expiration of hcense. (b) Ever>' hcense issued to a sales, factory or distributor representative must show his name and ad-dress, name of liis employer and expiration date. (c) Every dealer and manufacturer plate must show a distinctive number, the name of this State, the year it was issued for and a distinguishing symbol or word showing that the plate or plates are issued to a dealer or manufacturer. (d) Every motor vehicle dealer, manufacturer, factor,' branch, distributor, distributor branch, or wholesaler shall, on or before the 30th day of June in any calendar year, apply for and obtain, upon payment of proper fees, the hcense ;md number plates required by G.S. 20-79. Histoty Xote: Statutorv Authority G.S. 20-1: 20-79; 20-290{a); 20-291; Eff. June I, 1988: ' Amended Eff October f 199 E .0219 BISINESS RECORDS (a) /Ml motor vehicle dealers, manufacturers, factory branches, distributors, distributor branches and wholesalers shall keep a record for at least four years of all vehicles manufactured, received, sold, traded or junked. In addition to these records, a copy of a damage disclosure form, completed with the in-formation required by law from the seller and a copy of a damage disclosure form, completed with the information required by law, given to the .purchaser. An odometer disclosure form shall be retained for a period of five years as required by G.S. 20-347.1. (b) Additional records required under this section shall include: (1) Make, body style, vehicle identification number, and year model. (2) Name of person, firm or corporation from whom acquired. (3) Date vehicle purchased or manufactured. (4) Name of person, firm or corporation to whom sold or traded. If \ehicle junked, date, name and address of person, tirm or corporation to whom frame, motor and body sold. (5) Date vehicle sold or traded. (6) Copy of bill of sale (written statement). (c) All records required to be maintained in Paragraphs (a) and (b) shall be kept and maintained for every vehicle purchased or sold and shall be kept so as to be readily available for inspection upon de-mand from an authorized agent of the North CaroUna Division of Motor Vehicles in order that the ownership of any vehicle purchased or sold can be traced. (d) Manufacturer's Certificates of Origin and title for all vehicles owned by a motor vehicle dealer, manufacturer, factor}' branch, distributor, distributor branch or wholesaler must be immediately avail-able to assign to the purchaser. 6:11 NORTH CAROLINA REGISTER September 3, 1 991 704 FINAL RULES (e) Retail installment sales must be made in accordance with G.S. 20-303. Cash sales may be made by proper endorsement and delivery of the title to the purchaser and any other receipt that the pur-chaser and seller agree upon. (f) Pursuant to 16 CFR 455.2 a dealer shall not willfully remove the "Monroney L^bel" or sticker from a new automobile that is displayed for sale. The "Monroney Label" must be affixed to the new automobile at the time of sale to the ultimate purchaser. "Ultimate Purchaser" means the first person, other than a dealer purchasing in fiis capacity as a dealer, who in good faith purchases a new automobile for purposes other than a resale. (g) Pursuant to 15 L'SC Sec. 1231 every dealer offering used cars for sale shah post buyers guides with warranty information as required by the federal Trade Commission and same shall be displayed at the time of sale. Histoty Sole: Siaiutoty Authoriiv G.S. 20-1; 20-52, 20-75; 20-79(a} and (b); 20-82; 20-286(6J and (I5i; 20-297; 20-302; 20-303; 20-347; Eff. June I. 1988; Amended Eff. October I. 1991; October I. 1989. .0221 CONDITIOVS FOR ISSl ING I KMPORARV MARKER.S BY A DEALER (a) Ownership in the \ehicle must pass from the dealer to the purchaser b\' assigning the title or .Manufacturer's Certificate of Origin and by delivering the vehicle to the buyer. (b) Dealer has obtained from purchaser an application for registering and titling of the purchased \ehicle. (c) Dealer has collected all prescribed fees for titling and registering the vehicle. (d) Dealer has certification (Porm I'R-2) certilying liability insurance in effect. (e) Exception: The only exception to the above rules b and c is when the dealer is selling the vehicle to an out-of-state purchaser and the vehicle is to be removed from the State of North Carolina to the purchaser's home state prior to the expiration of the 30-day temporary registration marker. Form FR-2 (Insurance Certification) shall be completed and kept by the dealer as part of his records. (f) Issuance of 30-day temporary marker: (1) All 30-day temporary markers shall be issued in numerical order, beginning with the lowest number of the set or sets. (2) The \ehicle identification number, the make, the issuance date, and the expiration date shall be entered clearly and indehbly on the face of the temporar>' marker. (3) A receipt, which corresponds in number with the 30-day temporary marker, shall be issued. (4) The receipt shall be completed in duplicate, with pen and ink, and must be readable. (5) The white copy of the receipt, with the 30-day marker, shall be delivered to the purchaser. The pink copy is to be retained in the book by the issuing dealer for at least one year. (6) /Ml documents necessary to title and register the vehicle shall be presented to a license plate agency or mailed to the North CaroLma Division of .Motor Vehicles four working days from date of issuance. (EXCEPTION): WTien the purchaser is a nonresident, a 30-day temporary marker may be is-sued to the nonresident for the sole purpose of removing the vehicle to his home state, pro\ided the customer has in effect liability insurance u ith a compan_\" licensed in North Ciirolina. 1 he dealer is neither required to obtain from such nonresident a written application for North Carolina registration nor to collect the North CaroUna registration fees. IIowe\er, Form FR-2 should be completed and kept hy the dealer as part of his records. If a plate is to be transferred, a 30-day temporary marker cannot be issued. Record the information on the report sheet in the back of receipt book. (7) All 30-da\' temporary markers and or receipts that are voided shall be marked "\olded" and recorded on the report sheet. The white copy of the receipt and the 30-day temporary marker shall be forwarded to the North Carohna Division of Motor Vehicles Enforcement Section to-gether with the report sheets. Receipts and 30-day temporary markers that do not match shall be returned to the Di\ision after recording on report sheet. The receipt is not to be altered. (S) Only one 30-day temporary marker ma\' be issued per vehicle per sale. (9) Upon issuance of all receipts (.Markers) in each receipt book, the report sheet must be completed in duplicate and the original mailed to the Division. A copy of the report sheet must be retained by the Dealer for one year. '705 6:11 NORTH CAROLINA REGISTER September 3, 1991 FINAL RULES (10) .411 30-day temporar)- markers are non-transferable between dealers. History Note: Statutory Authority G.S. 20-39; 20-79.1; Eff. June I, I9S8: ' Amended Eff. October I, 1991; October I, 1989. .0223 DE.\LER PLATES Application for plates must be signed by owner, partner or officer of the corporation. Lost or stolen dealer plates must be reported to the Division of Motor Vehicles in writing. To replace such plates, complete the appropriate form and submit a fee often dollars ($10.00) for each plate. History Note: Statutory Authority G.S. 20-39; 20-68: 20-85(5); Eff June I, 1988: Amended Eff October I, 1991. .0224 ILLEGAL USE OF DEALER PL.ATES (a) It is illegal to use dealer plates on vehicles operated for any other business that the dealer is en-gaged in. The sale of vehicles not required to be registered, excluding farm tractors, is considered an-other business and delivery of such vehicles by motor transport is not permitted with dealer plates. (b) Parts trucks used in delivering parts to other sales outlets may use dealer plates only if the sale of parts is incident to the dealer business. A parts business that is separate and apart from the dealer-ship cannot use dealer plates. (c) It is illegal to use dealer plates on vehicles that are not owned by the dealer. (d) It is illegal for persons other than dealers, corporate officers, full-time and designated part-time employees to operate a dealership vehicle unless they are in possession of a 96-hour permit. The said permit must include license plate number, pcrmitee's name, address, driver's license number, date and hour of issue and must be signed by dealer or sales manager and person receiving vehicle. A duplicate copy of the permit must be retained by the dealer. Void if erasures are made. (e) It is illegal to use dealer plates on wreckers used for general wrecker service or on wreckers which move vehicles on a rotation basis at the request of state or local law enforcement authorities. It is permissible to use a dealer plate on wreckers which tow vehicles for the dealer's customers only. History Note: Statutoiy Authority G.S. 20-39; 20-79; Eff June I, 1988; Amended Eff October I. 1991; October 1, 1989. .0225 \ EHICLES OFFERED FOR SALE OWAED BY DEALERSHIP No vehicle shall be sold or offered for sale or trade by any motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler until said motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler has in his possession a certificate of title or manufacturers certificate of origin or same is immediately available to complete transfer of ownership to the consumer-purchaser. History Note: Slatuton' Authority G.S. 20-39; G.S. 20-79; Eff June 1, 1988; Amended Eff October 1. 1991. .0226 VEHICLES OFFERED FOR SALE ON CONSIGNMENT (a) Any dealer offering a vehicle for sale that is on consignment from a manufacturer, distributor, factory branch, distributor branch, wholesaler or individual shall have in his possession a consignment contract for each vehicle, executed by both parties. (b) The consignment contract shall consist of the following: (1) The effective dates of the contract. (2) The complete name, address, and the telephone number, if available, of the owner. (3) A complete description of the vehicle on consignment, including the make, model, body style, year, and vehicle identification number. (4) The listing charges. (5) The percentage of commission or the amount of the commission the dealer is to get if the vehicle is sold. 6:11 NORTH CAROLINA REGISTER September i, 1991 706 iTBrrvirann FINAL RULES (6) The "after tcm^ination" clause shall not exceed 30 days. (c) /Vny dealer offering a vehicle for sale on consignment must tell the prospective customer that the vehicle is on consignment unless the dealer is going to take ownership of the vehicle by completing a re-assignment on the title documents. yVny dealer selling a vehicle on consignment from a wholesaler must take ownership of that vehicle prior to its retail sale. (d) Dealer plates cannot be used to demonstrate a vehicle on consignment. The consignee's plate may be used if liability insurance is in effect. (e) In addition to a consignment contract, the dealer shall have in his possession an equipment listing of the \ehicle, consisting of, but not Imiited to, the following: (1) Owners name and address. (2) Complete description of the vehicle which shall include the year, make, model, body style, color, odometer reading, special or extra equipment, and the disclosure of known defects. (3) The \ehicle must display a current safety inspection certificate. (fj The ownership documents of any vehicle on consignment must be made available to any au-thorized agent of the North CaroUna Division of Motor Vehicles on request. 1 he ownership docu-ments must be readily available from the owner. (g) The owner must execute the ownership documents and deli\er them to the purchaser at the time the vehicle is deli\ered. Ilisioty \ote: Statulorv Authority G.S. 20-302; Eff. June I, I9SS: Amended Eff. October I. 1 99 1. .0227 \ KHICI KS OFFKRKD FOR SALE ON \ FLOOR PLAN LILN (a) .Vny dealer offering a vehicle for sale that has a floor plan lien on it shall at the time of sale, satisfy the floor plan lien and obtain the title from the floor plan henholdcr, execute the title documents and dehver them to the purchaser or the lienholder as required by G.S. 20-72 and G.S. 20-75 at the time the vehicle is delivered. (b) .Manufacturers Certificate of Origin and titles may be retained by the floor plan lienholder so long as the Manufacturers Certificate of Origin and or titles are located within the boundaries of North Carolina; pro\ idcd the de;dcr has in possession, available for inspection, an invoice from the manufac-turer or distributor and a floor plan disclosure form completed, dated and signed by both parties. Ilistofy \ote: Statutoty Authority G.S. 20-302; Eff. June I. I9SS: ' Amended Eff October I, 1991. .0228 RILL OF SALE, ODOMETER STATEMENT - ^^ RITl EN DOCLMENTATION (a) IMll of Sale - l'\er\' motor vehicle dealer, manufacturer, factor) branch, distributor, distributor branch or wholesaler at the time of sale or trade shall provide to the buyer in writing the applicable information listed below which may be on a bill of sale, buyer's order, financial statement or combi-nation thereof. Each fonn must be completed in duplicate, signed by the buyer and seller, and the original or copy pro\ided to the buyer and a copy of original retained by the dealer for four years. Such documents shall include: (1) Name and address of person, firm or corporation to whom vehicle sold or traded. (2) Date of sale or trade. (3) Name and address of motor vehicle dealer, m;mufacturcr, factor\' branch, distributor, distributor branch or wholesaler selling or trading \cliicle. (4) Make, body style, vehicle identification number and year model. (5) Sale price of vehicle. (6) Amount of cash down payment made by the buyer. (7) Description of any vehicle used as a trade-in and the amount credited the buyer for sale trade-in. [Description of trade-in shall be the same as outlined in Subparagraph (a)(4) of this Rule.) (8) Amount of finance charge, if any, and interest. (9) The cost of insurance to the buyer, if any, and an explanation of the type and amount of cov-erage. (10) Any investigation charges, ser\'ice charges or any other charge or charges not included in pre-vious items. The purpose of each charge must be specified. (11) Net balance due from the buyer. 707 6:11 AORTH CAROLINA REGISTER September 3, 1991 FINAL RULES (12) The amount of each payment and the time and schedule of deferred payment and to whom payments are to be made. (13) Bill of sale must be signed by both the seller and buyer. (b) Odometer Statement - Odometer disclosure statements must comply with Article 15 of Chapter 20 of the North Carolina General Statutes and copies retained for a period of five years. Uistoty \ote: Statutory Authority G.S. 20-39; Eff. June I, 1988; Amended Eff. October I, 1991; October I, 1989. .0231 IIE.ARIXGS PURSL ANT TO ARTICLES 12 AND 15 OF CHAFFER 20 (a) The following shaU be applicable to hearings requested under G.S. 20-296: (1) No license issued under this Article shall be suspended, revoked or renewal refused until a hearing has been held before the Commissioner or a person designated by him and licensee shall have been notified in writing ten days prior to such hearing by certified mail to his last known address as shown by records of the Di\'ision. Fro\ided, however, if a licensee fails to maintain a bond as required by G.S. 20-2S8(e) or fails to purchase dealer license plates as re
Object Description
Description
Title | North Carolina register |
Date | 1991-09-03 |
Description | Vol. 6, issue 11 (September 3, 1991) |
Publisher | Raleigh, N.C. : Office of Administrative Hearings |
Digital Characteristics-A | 52 p.; 3.53 MB |
Digital Format | application/pdf |
Pres File Name-M | pubs_serial_ncregister19910903.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_serial_ncregister\images_master |
Full Text |
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The
NORTH CAROLINA
REGISTER
IN THIS ISSUE
EXECUTIVE ORDERS
FINAL DECISION LETTERS
PROPOSED RULES
Cultural Resources
Economic and Community Development
Environment, Health, and Natural Resources
Human Resources
Public Education
State Personnel
FINAL RULES
Correction
Transportation
RECEIVED
SEP 6 1991
LAW LIBRARY
List of Rules Codified
ARRC OBJECTIONS
RULES INVALIDATED BY JUDICIAL DECISION
ISSUE DATE: SEPTEMBER 3, 1991
Volume 6 • Issue 11 • Pages 678-721
INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE
NORTH CAROLINA REGISTER
The North Carolina Register is published bi-monthly
and contains information relating to agency, executive,
legislative and judicial actions required by or affecting
Chapter 150B of the General Statutes. All proposed, ad-ministrative
rules and amendments filed under Chapter
150B 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 pro-vided
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.
Requests for subscriptions to the North Carolina
Register should be directed to the Office of Ad-ministrative
Hearings, P. O. Drawer 27447, Raleigh, N.
C. 27611-7447, Attn: Subscriptions.
ADOPTION, AMENDMENT,
RULES
AND REPEAL OF
An 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; a statement of how
public comments may be submitted to the agency either
at the hearing or otherwise; the text of the proposed
rule or amendment; a reference to the Statutory
Authority for the action and the proposed effective date.
The Director of the Office of Administrative Hearings
has authority to publish a summary, rather than the
full text, of any amendment which is considered to be
too lengthy. In such case, the full text of the rule con-taining
the proposed amendment will be available for
public inspection at the Rules Division of the Office of
Administrative Hearings and at the office of the pro-mulgating
agency.
Unless a specific statute provides otherwise, at least
30 days must elapse following publication of the pro-posal
in the North Carolina Register before the agency
may conduct the required public hearing and take ac-tion
on the proposed adoption, amendment or repeal.
When final action is taken, the promulgating agency
must file any adopted or amended rule for approval by
the Administrative Rules Review Commission. Upon ap-proval
of ARRC, the adopted or amended rule must be
filed with the Office of Administrative Hearings. If it
differs substantially from the proposed form published
as part of the public notice, upon request by the agen-cy,
the adopted version will again be published in the
North Carolina Register.
A rule, or amended rule cannot become effective
earlier than the first day of the second calendar month
after the adoption is filed with the Office of Ad-ministrative
Hearings for publication in the NCAC.
Proposed action on rules may be withdrawn by the
promulgating agency at any time before final action is
taken by the agency.
TEMPORARY RULES
Under certain conditions of an emergency nature,
some agencies may issue temporary rules. A temporary
rule becomes effective when adopted and remains in
effect for the period specified in the rule or 180 days,
whichever is less. An agency adopting a temporary rule
must begin normal rule-making procedures on the per-manent
rule at the same time the temporary rule is
adopted.
NORTH CAROLINA ADMINISTRATIVE CODE
The North Carolma Administrative Code (NCAC) is
a compilation and index of the administrative rules of
25 state agencies and 38 occupational licensing boards.
The NCAC comprises approximately 15,000 letter size,
single spaced pages of material of which approximate-ly
35% is changed annually. Compilation and publica-tion
of the NCAC is mandated by G.S. 150B-63(b).
The Code is divided into Titles and Chapters. Each
state agency is assigned a separate title which is fur-ther
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 ($2.50) for 10
pages or less, plus fifteen cents ($0.15) per each
additional page.
(2) The full publication consists of 53 volumes,
totaling in excess of 15,000 pages. It is sup-plemented
monthly with replacement pages. A
one year subscription to the full publication in-cluding
supplements can be purchased for
seven hundred and fifty dollars ($750.00). In-dividual
\ olumes may also be purchased with
supplement service. Renewal subscriptions for
supplements to the initial publication available.
Requests for pages of rules or volumes of the NCAC
should be directed to the Office of Administrativf
Hearings.
NOTE
The foregoing is a generalized statement of the pro
cedures to be followed. For specific statutory language
it is suggested that Articles 2 and 5 of Chapter 150B a
the General Statutes be examined carefully.
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, 198(
refers to Volume 1, Issue 1, pages 101 through 201 o
the North Carolina Register issued on April 1, 1986.
North Carolma Register. Published bi-monthly by the
Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, North Carolina 27611-7447, pursuant to
Chapter 150B of the General Statutes. Subscriptions
one hundred and five dollars ($105.00) per year
North Carolina Administrative Code. Published in
looseleaf notebooks with supplement sendee by the
Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, North Carolina 27611-7447, pursuant to
Chapter 150B of the General Satutes. Subscriptions
seven hundred and fifty dollars ($750.00). Individual
volumes available.
NORTH
CAROLINA
REGISTER
Office of Administrative Hearings
P. O. Drawer 27447
Raleigh, AC 27611-7447
(919) 733 - 2678
Julian Mann III,
Director
James R. Scarcella Sr.,
Deputy Director
Molly Masich,
Director APA Services
Staff:
Ruby Creech,
Publications Coordinator
Teresa KUpatrick,
Editorial Assistant
Jean Shirley,
Editorial Assistant
ISSUE CONTENTS
I. EXECUTrV'E ORDERS
Executive Orders 147-148 678
II. FINAL DECISION LETTERS
Voting Rights Act 681
III. PROPOSED RULES
Cultural Resources
State Library 686
Economic and Community
Development
Credit Union Di%'ision 683
Environment, Health, and
Natural Resources
Marine Fisheries 690
Parks and Recreation 693
Wildlil'e Resources
Commission 692
Human Resources
Economic Opportunity 689
Medical Assistance 688
Services for the Blind 686
Public Education
Elementary and Secondary 694
State Personnel
Office of State Personnel 696
TV. EEVAL RULES
Correction
Division of Prisons 700
Transportation
Motor Vehicles 701
List of Rules Codified 711
V. ARRC OBJECTIONS 715
VI. RULES INA ALIDATED BY
JUDICIAL DECISION 717
VII. CUMULATPVE ESDEX 719
NORTH CAROLINA REGISTER
Publication Schedule
(April 1991 - December 1992)
Issue Last Day I^st Day Earliest +
Date for for Date for Earliest
Filing Electronic PubUc Effective
Filing Hearing &
Adoption by
Agency
Date
+++*++*+ +*+++*++ ++++++++ +++++++* +++++++*
04-0 1/91 03/11/91 03/18/91 05/01/91 08/01/91
04/15/91 03/22/91 0401,91 05/15,91 08/01/91
05/01/91 04/10/91 04/17/91 05/31,91 09/01/91
05/15/91 04/24/91 05/01/91 06/14/91 09/01/91
06/03/91 05/10/91 05/17/91 07/03/91 10/01/91
06 1491 05/23,91 05-31 91 07/14 91 10,01/91
07 01,91 06/10/91 06/17/91 07/31 91 11/01/91
07/15,91 06/21/91 06'28/91 08 14/91 11/01/91
08/01/91 07/11/91 07/18/91 08/31/91 12/01/91
08/15/91 07/25/91 08/01/91 09/14,91 12/01/91
09/03/91 08/12/91 08/19/91 10/03/91 01/01/92
09/16/91 08/23/91 08/30/91 10/16/91 01/01/92
10/01/91 09/1091 09/17/91 10/31/91 02/01/92
10/15/91 09/24/91 10/01/91 11/14/91 02/01/92
11/01/91 10/11/91 10/18/91 12/01/91 03/01/92
11 '15/91 10/24/91 10/31/91 12/15/91 03/01/92
12/02/91 11/07/91 11/14/91 01/01/92 04/01/92
12/16/91 11/21/91 12/02/91 01/15/92 04/01/92
01/02/92 12/09/91 12/16/91 01/31/92 05/01/92
01/15/92 12/20 91 12 31 91 02/14/92 05/01/92
02/03/92 01/10/92 01/17 92 03/04/92 06/01/92
02/14/92 01/24/92 01/31/92 03/15/92 06/01/92
03/02/92 02/10/92 02/17/92 04/01/92 07/01/92
03/16/92 02/24/92 03/02/92 04/15/92 07/01/92
04 01,92 03/11/92 03/18/92 05/01/92 08/01/92
04/15/92 03/25/92 04/01/92 05/15/92 08/01/92
05/01/92 04/10/92 04/17/92 05/31/92 09/01/92
05/15/92 04/24/92 05 01 '92 06/14/92 09/01/92
06 01 92 05/11 92 05/18/92 07/01/92 10/01/92
06/ 1 5 92 05/25 92 0601,92 07/15/92 10/01/92
07/01/92 06/10/92 06/17/92 07/31/92 11/01/92
07/15/92 06/24/92 07/01/92 08/14/92 11/01/92
08/03/92 07/13/92 07/20/92 09/02/92 12/01/92
08/14/92 07/24/92 07/31/92 09/13/92 12/01/92
09/01/92 08/11/92 08/18/92 10/01/92 01/01/93
09/15/92 08/25/92 09/01/92 10/15/92 01/01/93
10/01/92 09/10/92 09/17/92 10/31/92 02/01/93
10/15/92 09/24/92 10 01/92 11/ 14,' 92 02/01/93
11/02/92 10/12/92 10/19/92 12/02/92 03/01/93
11/16/92 10/23.92 10/30/92 12/16,92 03/01/93
12/01/92 11/06/92 11/13/92 12/31/92 04/01/93
12/15/92 1 1/24/92 12/01/92 01/14/93 04/01/93
* The "Earliest Effective Date" is computed assuming that the public hearing
and adoption occur in the calendar month immediately following the "Issue
Date", that the agency files the rule with The Administrative Rules Review
Commission by the 20th of the same calendar month and that ARRC approves
the rule at the next calendar month meeting.
EXECUTIVE ORDERS
EXECUTIVE ORDER NUMBER 147
ESTABLISHMENT OF THE GEOGRAPHIC
INFORMATION COORDINATING COUNCIL
AND THE TRANSFER OF THE CENTER
FOR GEOGRAPHIC INFORMATION AND
ANALYSIS TO THE OFFICE OF THE
GOVERNOR
WHEREAS, geographic information is emerg-ing
as an important strategic resource for the fu-ture;
and
WHEREAS, increasingly complex decisions,
overlapping governmental responsibilities, and
limited fmancial resources demand that agencies
work together to develop and utilize geographic
information; and
WHEREAS, North Carolina has a history of
effecti\'e utilization of geographic information
and "geographic information systems" (GIS)
technology both at the state level and the local
level; and
WHEREAS, geographic information and GIS
technology are now being developed and used by
many agencies in North Carohna without a
statewide focus or framework to maximize their
usefulness; and
WHEREAS, geographic information and GIS
technology can only be fully and practically uti-lued
with a statewide focus and cooperative ef-fort;
NOW, THEREFORE, by the authority vested in
me as Governor by Art. Ill, Section 5(10) of the
North Carolina Constitution and the laws of the
State, IT IS HEREBY ORDERED:
Section I. Policy. A statewide geographic in-formation
coordination effort is hereby formal-ized
for the purpose of furthering cooperation
among State, federal, and local government
agencies; academic institutions; and the private
sector to improve the quality, access, cost effec-tiveness
and utility of North Carolina's ge-ographic
information and to promote geographic
information as a strategic resource for the State.
Section 2. Establishment of Coordinating
Council. There is hereby established with the
concurrence of the Information Technology
Commission (hereinafter ITC) the Geographic
Information Coordinating Council (hereinafter
Coordinating Council) as a means of guiding the
Center for Geographic Information and Analysis
(hereinafter CGIA) and establishing the State's
direction in the utilization of geographic infor-mation,
GIS systems, and other related technol-ogies.
The stated purposes of the Coordinating
Council are (a) strategic planning (b) resolution
of policy and technology issues (c) coordination,
direction and oversight, and (d) advising the
Governor, the legislature, and the ITC as to
needed directions, responsibilities, and funding
regarding geographic iioformation.
Section 3. Transfer of the Center for Ge-ographic
Information and /Vnalysis. The Center
for Geographic Information and Analysis shall
be transferred from the Department of Environ-ment,
Health and Natural Resources to State
Policy and Planning in the Oflice of the Gover-nor.
The transfer shall be in the same manner
as a Type I transfer as provided for in N.C.G.S.
143A-6.
Section 4. Center for Geographic Information
and Analysis. Central service functions related
to GIS coordination shall become the responsi-bility
of the Center for Geographic Information
and Ancdysis. These responsibilities are listed in
the .March 5, 1991, report adopted by the Infor-mation
fechnology Commission entitled "State-wide
Coordination of Geographic Information
Systems," pages 11-13. Typical responsibilities
include: providing GIS production and consult-ing
services; giving technical support including
assistance in planning; installing and using GIS
systems; providing a wide variety of GIS related
training services and education programs in co-ordination
with SIPS; serving as a clearing house
for the exchange of GIS related information and
services; and providing the staff support for the
GIS Coordination Council.
Section 5. Membership: The membership of
the Coordinating Council shaU consist of 12
members and shall be as follows:
1) The Secretary of the Dep;u1ment of Envi-ronment,
Health and Natural Resources;
2) The Secretary of Transportation;
3) The Secretary of Admimstration;
4) The Commissioner of Agriculture;
5) The Superintendent of PubUc Instruction;
6) The department head of an at-large GIS
user agency to be appointed by the Gov-ernor;
7) The State Budget Officer;
8) The State Planning Officer;
9) One representative elected annually from
the State Government E-'ser Committee;
10) One representative elected annually from
the Affiliated User Group Committee;
6:11 NORTH CAROLINA REGISTER September i, 1991 678
EXECUTIVE ORDERS
11) One representative from Local Govern-ment
to be appointed by the Governor;
and
12) The Director of SIPS who shall ser^e as
a non-voting member.
The Governor shall appoint a chair from among
the membership to scr\'e for a one year period.
The Director of CGIA shall provide staff sup-port
as required.
Section 6. Committees. The Coordinating
Council may establish ad hoc work groups, as
needed, and shall fonri the following standing
committees:
a) State Government GIS User Committee:
Membership shall consist of represen-tatives
from all interested state govern-ment
departments. 1 he committee shall
elect its chairman and advise the Coordi-nating
Council on issues, problems, and
opportunities relating to GIS.
b) State Mapping .'\dvisor\' Committee
(SM.AC): The pnmar,- thrust of the
S.MAC shall be to consohdate statewide
mapping requirements and to advise the
Coordinating Council on issues, prob-lems,
and opportunities rclatmg to U. S.
Geological Sur\ey (L'SGS) programs and
information. The Coordinating Council
shall select a chair of the State .Mapping
Advisory Committee (SM.AC). The
Committee shall be organized and oper-ated
in a manner acceptable to the
L'SGS's National Mapping Division.
\lembership shall not be limited. Voting
eligibility shall not include federal agen-cies,
but shall be otherwise determined by
the Coordinating Council upon recom-mendation
by the SMAC Chair. The
State Geologist shall serve as a permanent
ex officio member of the SMAC. The
purpose of the SMAC shall be to consol-idate
statewide mapping requirements into
a single annual report to the LSGS; to
infonn users of geographic information
about the status of mapping programs and
the availability of map materials from
USGS; and to gain statewide support for
financing cooperative programs with
USGS. The Committee shall also advise
the Coordinating Council on issues,
problems, and opportunities relating to
USGS programs and information.
c) AlTiliated GIS I ser Ciroup Committee:
Shall be comprised of representatives from
local go\'emments, federal government,
private industry, universities, and the
General Assembly. The committee shall
elect its chairman and advise the Coordi-nating
Council on issues, problems, and
opportunities relating to the use of GIS
systems.
Section 7. FlTccti\'e Date. This Order shall
become eflecti\'e immediately and remain in ef-fect
until Juii.' .'^O, 19Q5 or until rescinded.
Done in the Capital City of Raleigh, this the
30th day of July, 1991.
EXECL ri\ F. OROER NLNriJER 148
GO\ER\OR'S TASK FORCE ON IIEAI.TFI
OBJECTI\ ES FOR THE YEAR 2000
North Carolina is blessed with some of the fin-est
medical facilities and medical care found any-where
in the world. In spite of this, more than
forty North Carolimans die prematurely each
day, exactmg an enormous economic, social and
personal toll upon our society. Tragically, most
of these deaths are preventable by relatively sim-ple
changes in individual lifestyle behavior.
In order to provide to the citizens of our state
a way to prevent this tragic loss of death and
disability, a realistic plan needs to be developed
that communities and individual citizens may use
to improve their health status and avoid prema-ture
deaths. Tliis plan must promote the ad-vantages
of health promotion and disease
prevention.
THEREI'ORi;, by the authority vested in me
as Governor by the Constitution and laws of
North Carolina" IT IS ORDERED:
Section 1. ESTADIISHMENT
ITic Governor's Task Force on the Year 2000
Health Objectives is hereby established. The
Task Force shall consist of not more than 25
persons appointed by the Governor to ser\e at
the pleasure of the Governor. All vacancies shall
be filled by the Go\cmor. The Governor shall
dcsismate the Chairman.
Section MF.MBFRSHIP
The membership shall include representatives
from the following:
1. Department of Human Resources
2. Department of Fn\iromnent, Health, and
Natural Resources
679 6:11 [\()RTH CAROLINA REGISTER September i, 1991
EXECUTIVE ORDERS
3. Association of North Carolina Board of
Health
4. North Carolina Hospital Association
5. North Carolina Medical Society
6. North Carolina Academy of Family Phy-sician
7. North Carolina Association of Local
Health Directors
8. The University of North Carolina School
of Public Health
9. North Carolina Citizens for Business and
Industry
10. Local Education
11. North Carolina County Commissioners
Association
12. National Association for the Ad\ance-ment
of Colored People
13. North Carolina Minority Health Council
14. Governor's Council on Physical Fitness
and Health
15. North Carolina Dental Society
16. North Carolina Nurses' Association
17. Old North State Medical Society
There shall also be 8 Members-atT,arge.
Section 3. FUNCTIONS
A. The Task Force shall meet regularly at
the call of the Chairman.
B. The Task Force shall have the responsi-bility
of developing and delivering to the
Governor by September 1, 1992, a list of
health objectives for the citizens of North
Carolina designed to:
1
.
increase the span of healthy life of the
citizens of North Carolina;
2. remove health disparities among the
disadvantaged; and
3. emphasize preventive health services.
C. These objectives must:
1. be measurable;
2. include measures to benefit our disad-vantaged
populations;
3. emphasize individual and community
intervention;
4. emphasize the value of health pro-motion
and disease prevention to our
society; and
5. be obtainable by the year 2000.
Section 4. ADMINISTRATION
A. Administrative support for the Task Force
shall be provided through a grant for the
Reynolds Health Care Trust to be ad-ministered
by the Department of Envi-ronment,
Health, and Natural Resources.
Additional support shall be provided by
the Department of Environment, Health,
and Natural Resources and by the De-partment
of Human Resources.
B. .Members of the Task Force shall be reim-bursed
for necessary travel and subsistence
expenses as authorized under General
Statute 138-5 and 138-6. Funds for the
reimbursement of such expenses shall be
made available from funds authorized by
the Department of Environment, Health,
and Natural Resources.
C. It shall be the responsibility of each cabinet
department to make every reasonable ef-fort
to cooperate with the Task Force in
carrying out the provisions of this order.
Section 5, IMPLEMENTATION AND DU-RATION
This Executive Order shall become effective
immediately and wiU expire upon completion
and dehverv of the health objectives to the Gov-ernor.
It is subject to reissuance or extension at
the discretion of the Governor.
Done in Raleigh, North Carolina, this 6th day
of August, 1991.
6:11 NORTH CAROLINA REGISTER September i, 1991 6S0
VOTING RIGHTS ACT FINAL DECISION LETTERS
[G.S. / 20-30. 9H, effecth'e July 16, 1986, requires that all letters and other documents issued by the
Attorney 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
.IRD:MAP:\l\lS:lrj
DJ 166-012-3 Votins; Section
91-1612 P.O. Box 66128
Washington, D.C. 20035-6128
July 24, 1991
Robert C. Cogswell, Jr., Esq.
City Attorney
P. b. Box 1513
Fayetteville, North Carolina 28302-1513
Dear .\Ir. Cogswell:
This refers to a delay in the 1991 municipal election for the City of FayetteviUe in Cumberland
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights
Act of 1965, as amended, 42 L'.S.C. 1973c. We received your submission on May 28, 1991.
The Attorney General does not interpose any objection to the specified change. However, we note
that Section 5 expressly provides that the failure of the Attorney General to object does not bar sub-sequent
litigation to enjoin the enforcement of the change. 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
6SI 6:11 NORTH CAROLINA REGISTER September 3, 1991
VOTING RIGHTS ACT FINAL DECISION LETTERS
U.S. Department of Justice
Civil Rights Division
JRD:LLT:JVJ:gmh
DJ 166-012-3 Voting Section
91-0524 P.O. Box 66128
Washington, D.C. 20035-61 28
August 19, 1991
Michael CroweLl, Esq.
Tharrington, Smith & Hargrove
P. O. Box 1151
Raleigh, North Carolina 27602
Dear Mr. Crowell:
This refers to a change in the method of election from five council members elected at large to four
elected from two double-member districts and one elected at large; a districting plan; and the imple-mentation
schedule therefor, for the Town of /\hoskie in Hertford 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 final response to our April 29, 1991, request for additional information on
June 18, 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 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 Attorney General
Civil Rights Division
By:
Gerald W. Jones
Chief, Voting Section
6:11 NORTH CAROLINA REGISTER September i, 1991 6S2
PROPOSED RULES
TITLE 4 - DEPARTMENT OF ECONOMIC
AND COMMLAITY DEVELOPMENT
Statutory Authority G.S.
54-109.21(25); 54-109.94; 54-/09.95.
54-109.5;
Nootice is hereby gr\-en in accordance with G.S.
I50B-12 that the .V. C. Dept. of Economic &
Community Development. Credit Union Division
intends to amend and repeal rule(s) cited as 4
.\CAC6C .0101, .0/03. .02/0. .0302, .0311. .040/
- .0404 and ./30/.
I he proposed effective date of this action is
January- /, /992.
1 he public hearing will be conducted at /0:00
a.m. on October 3. /99/ at ///O .\'a\a/io Drhe,
Suite 300. Raleioh. Sorth Carolina. 2'^609.
Coomment Procedures: Any interested person
may present his, her comments either in writing
t/iree days prior to or at the hearing or orally at
the hearing for a maximum of ten minutes. Any
person may request information by writing or
calling Mr. Stanley W. Brown. Jr.. Credit L nion
Division. / / /O Xm'olio Drive. Suite 300. Raleigh.
Xorth Carolina. 2^609, 9/9-S50-2929.
CHAPTKR 6 - CREDIT LMON Dl\ ISION
SL BCHAPTER 6C - CREDIT LMONS
SECTION .0100 - GENERAL INFORMATION
.0101 DEFINITIONS
WTien used in this Chapter, the following words
and phrases shall have the following meaning,
except to the extent that any such word or phrase
is specifically qualified by its context:
(20) "Corporate Credit Union" is a credit un-ion
with an institutional field of member-ship.
afi4 only local credit unions aft4
orgimii'ationc. Bf ari oociationo e4^ crodit *»-
ie«tT fway bocomo membtTS.
Statutofy Authority G.S. 54-/09./ 2.
.0103 I AXATION (REPEALED)
Statuton- Authority G.S. 54-/09./; 54-/09.2
(b)(5); 54-/09.22:'54-/09.99.
SECTION .0200 - ORGANIZATION OF CREDIT
UNIONS
.0210 OLT-OF-STATE CREDIT LNIONS
(REPEALED)
SECTION .0300 - BASIC INTERNAL CONTROLS:
BOOKKEEPING PROCEDURES AND OPERA-TION
STANDARDS ¥09. STATE-CHARTERED
CREDIT UNIONS
.0302 PROCEDURES
Ihe basic internal controls, bookkeeping pro-cedures
and operation standards for aU credit
unions are as follows:
(1) An adequate general ledger and detailed
cash journal shall be maintained as necessar>'
for the proper control of all transactions of
the Credit Union.
(2) A detailed and complete record of all cor-recting
and adjusting entries, with a full ex-planation
of each entr\', shall be maintained.
(3) For m;inual and machine accounting sys-tems,
all receipts and disbursements shall be
recorded and posted daily to cash journal
and subsidiary accounts. Systems using
EDP shall be posted no less frequently than
monthly.
(4) Deposits in the bank shall consist of an
entire day's receipts as entered in the journal
and cash record. If amounts are less than
three hundred doUars ($300.00), more than
one day's total receipts may be combined in
a single deposit provided that no funds are
held more than three banking days.
(5) Adequate security shall be provided (cash
drawer and lockbox for overnight) for stor-age
of funds.
(6) Credit union funds must be kept separate
from all other funds.
(7) Cash shall be balanced at the end of each
working day, and a record made thereof by
each teller (detailing specie, currency, checks
and other items counted as cash).
(8) A "cash over and short" account shall be
maintained in the expense ledger, with a re-cord
showing the name of each person re-sponsible
for each difierence.
(9) A pre-numbered receipt slip or other ori-ginal
record shall be made and preserved
covering each payment received.
(10) .-Ml bank accounts shall be reconciled at
least monthly and such reconciliations pre-ser\'
ed.
(11) A duplicate of itemized bank deposit slips,
or other comparable detailed item record,
sh;ill be preserved.
(12) The exact status of all the credit union's
funds, including investments and or funds
held by agents or attome\s, must be deter-minable
at all times without detailed search.
6Si 6:11 AORTH CAROLliXA REGISTER September 3, 1991
PROPOSED RULES
(13) Checks must be pre-numbered by the
printer and not signed in blank in advance
of issue. Facsimile signature plates shall be
adequately controlled.
(14) Disbursements must be supported by in-voices,
vouchers, or other explanations of
record, each clearly showing the nature or
purpose of each disbursement.
(15) Dual control must be maintained over all
negotiable investment securities.
(16) Members' accounts shall be posted cur-rently
and balanced not less frequently than
monthly and supported by EDP listing or
adding machine tapes, identified, dated, and
preserved.
(17) A trial balance of the general ledger should
be prepared within 1 5 working days from the
^ close of business of the last day of each
month and fmancial statements prepared
therefrom.
(18) Erasures and eradications for correction
of errors in records are prohibited; cor-rections
must be approved by an authorized
person.
(19) Members' passbooks shall be held in the
Credit Union office only for tcmporarv' pe-riods.
(20) A signed membership card file covering
all accounts shall be properly maintained.
(21) Payment of di\idends or interest on ac-counts
shall be accomplished by check or
by credit to the individual account. Adding
machine proof tape or other detailed record,
in support of di\idend or interest paid by
check or credited to accounts shall be pre-ser\'
ed.
(22) A cross-index card record should he
maintained for each co-maker showing the
date, name and original amount of each note
on which the individual appears as co-maker.
(23) Minutes of meetings of the Board of di-rectors
shall record in detail all of its busi-ness
transactions and be signed by the
presiding officer and the secretary. Such di-rectors
at such times as they are meeting as
a board of directors, shall require the secre-tary
of such board or some duly designated
agent, to make a matter of record in the
minutes of the meetings of such board of
directors, all letter communications from the
Division.
(24) The supervisor^' committee shall have
workpapers to support its audit report. The
reports and workpapers shall be retained and
made available for review by the state ex-aminers.
(25) A report of actions taken by the credit
committee and/or loan officers shall be pre-pared,
signed and preserved.
(26) Minutes of each annual meeting of the
members of the Credit Union shall record in
detail all business transacted.
(27) /VU books and records of the Credit Union
shall have adequate and proper protection
from fire and other hazards at all times.
Active books and records of the Credit Un-ion
should be located at the principal office
at all times.
(28) Dormant accounts shall be controUed to
prevent improper withdrawal.
(29) /Vnnual vacations of at least five consec-utive
working days (occasionally during pe-riods
when proofs of subsidiary ledgers arc
being made) shall be taken by each em-ployee
having access to cash. During the
vacation, the employees shall remain con-tinuously
absent.
(30) A record shall be maintained which wiU
at all times show the tax and insurance sta-tus
of each piece of real estate securing the
Credit Union's investment of funds in real
estate mortgage loans.
(31) All tax liabilities shall be determined and
paid in accordance with the law.
(43^ A+i- audit guida t* pro'i idcd m th^ ae-counting
mmuml fop Ae fiuponioors' com
mittoo'D tts* m estuhlif.hing minimum
standardc sshich muot be met ift porfonning
aft audit
(^5-^ A copy t4 the ronults ef the annual audit
will be forwarded te- the iVdminiotrator'o el^
6t?e within tW days ef rece ipt by the Board
©f directors.
(44^ rVt least o'l or/ two years, each mombor's
accc'unt h^ te- be verified: accounts closed
since the k»t e.xamination afe i4s» t» be
' enfied. This procedure is t» be follo>s'ed
unless the (Credit Union Administrator finds
that a credit union ha* adequate internal
control based upon recommendation ef a
CI'i\ finn te- justify a modification »f verifi
cation procedures ift keeping with sound ae-counling
practices. A report »f tfeis
'
l orification i* t» be fonvarded te- the A4-
ministrutor.
Statutory Authority G.S. 54-/09./ / (4):
34-/09./ 2; 54-/ 09./6; 54-/09./7.
.031 1 SI RETV BOND .\ND INSLR.WCE
COXF.RAGE
(b) Ever>' state chartered credit union will
maintain the minimum bond and insurance cov-erage
as required by statute. No form of surety
6: 1 1 NOR TH CAROLINA REGLS TER September 3, 1 991 6S4
PROPOSED RULES
bond shall be used except as is appro\'ed by the
Administrator. Credit Union Blanket Bond,
Standard Form No. 23 of the Surety Association
of .America, plus faithful performance rider, or
NCUA Optional Form 581 or its equivalent,
shall be considered the minimum co\erages re-quired
and are hereby the approved forms. ITie
appro\'ed bond forms in this Paragraph pro\'ide
faithful performance coverage for all emploNces
and officials. Oodit union -
"
. havL* »+n? option tvf
only providing faithful pt' rtonnance e+ tRi -. t t*H^
erage fo* tl» chief fmancial officor (trgaouror
and or managor) olectod. appointed, e* de-jig
natod W A# Board h4 diroctorLi . The fmancial
officer is the indi\idual charged with the respon-sibilities
of the financial officer as set forth in
.Article X. Section 5 and or 6. of the Credit Un-ion's
(Standard) Byla\\s. Fidelity bonds must
provide coverage for the fraud and dishonesty of
all employees, directors, otTicials, and supenisory
and credit committee members. Other forms, or
changes in the amount of bond coverage, must
be appro\ed by the .Administrator.
Statuton Authority G.S. 54-109.1 1 (5 >:
54-109.12; 54-109.44(2).
SECTION .0400 - LOANS
.0401 DFMNQLENT LO.ANS: LOAN LOSSES
(b) .Allowance for Loan Losses.
(1) Each credit union shall establish and
maintain such reser.es as may be required
h\ the .Act or by regulation, or in special
cases by the Administrator. .AH Credit
Unions having ancoto ef $500.1100 m- more,
a*. »f DL'combL'r tS4 ef ffe* prjviouci vijar.
unk'i'-
'
. othor-
'
i i
'
. ' ij appro
'
ed hy At» jVdmin
i j. traior. shall establish an .Allowance for
Loan Losses Account. aft4 follow A
accounting prQcoduri.' 'j w?* forth m At?
'i landbook *h4 rVccountinj Manual fof
StatL' Chartorod (Te<.lit I nic^n -.
"
ttft4 \^
addendum^ therolo. The .Allowance for
Loan Losses .Account is not an addition
to but a part of the Regular Resene as
required by statute.
(-e+ Spi.- ciLil R..' "i-Ti \' t+*f DL' HnquL'nt I oanr.
. AH-credit
uniom. hasmg aL. bt' ti. t+f It^t* than S 5 00. 000
tfeit- choooe Het- te- comply with Paragraph f^
t4~ t44-. Ruk'. ift addition k* t4+t» R(.'gulur StatutoPi
Ro'.ori O tt+e iXdmini '.trator hall r^'quiro r.uch
regular rooopi o W oupplomentod ^ a cpecial pe-noPi
L' te l*e known a-, a Spt'cial Re'. L'n e ft»f i^e-
Unqut^ nt Loanr. v. ht'n tbe Statutor> Ro '. l'Pi O '»
inadequate; t+^ covor potontial leaf* loor.OL. .
Statutory^ .Authority G.S. 54-109.12; 54-109.17;
54-109.86; 54-109.87.
.0402 CHARGE-OFF OF UNCOLLECTIBLE
LOANS
(c) Aft¥ loano »« which »& payments have boon
received fef a period ef 4-3 inonlhr.
, .Any loans
delinquent 12 months or more, unless there are
justilied extenuatmg circumstances will be
charged off in accordance with Paragraph (a) of
this Rule.
Statutory Authority G.S. 54-109.12; 54-109.17.
.0403 REAL ESTATE LO.ANS
(a) Loan Limitations. Unlocs othonvico pro
sided » A# bykiwf.
. No more than 30 percent of
the total dollar amount of shares and deposits
shall be made in fixed rate real estate loans with
a remaining maturity of more than seven years
\\ ithout the permission of the Administrator.
Statutory .Authority G.S. 54-109.12; 54-109.18;
54-109.21(25).
.0404 LINE OF CREDIT LOANS
(b) Resen,-es. .A credit union shall maintain for
a period of one month, beginning on the seventh
day of each month, a resen.e, which shall consist
of cash on hand or legal in\estments that mature
in one year or less, in an amount not less than
five percent of the aggregate unused portion of its
Une of credit loans determined as of the close of
the pre\ious month. Not more than 20 percent
of the required rescn.e shall be in direct L'nited
States Government obligations. Lhe Credit Un-ion
shall keep current records of the aggregate
unused portion of its line of credit loans and re-ser\
es, and the .Administrator may require peri-odic
or special reports based on these records.
IhiLi ro 'jOPi O requirement do e-:. fte4- apply te- tho ir.o
credit unions '
ivith assets ef $2,000,000 e* more
aft4 subject te Ae ^ percent liquidity reseri
'e fe-quirement.
Statutory Authority G.S. 54-109.12.
SECTION .1300 - RESERVES
.1301 LIQIIDITV RESERVES
(c) The liquidity base shall consist of cash, ift-
'
. estments ift ICU s. shares and deposits in the
National Credit Lnion .Administration Central
Liquidity Facility, aft4 the North Carolina
Savings Guaranty Corporation and investments
with a maturity of less than one vear as author-ized
under G.S. 54-109. S2(3)(4)f5)(q)( 10) and
(12) of the North Carolina Credit L'nion laws.
GoNcmment securities with a maturitv of more
6S5 6:11 NORTH CAROLL\.4 REGISTER September 3, 1991
PROPOSED RULES
than one year may be included provided securi-ties
are carried at the lower of cost or market and
adjusted monthly on a consistent basis. Docu-mentary
evidence must be kept on file supporting
the adjustments for a period of 18 months.
(e) The liquidity reserve can only be used to
satisfy contractual line of credit agreements, share
and deposit withdrawals. In the event the
liquidity reserve falls below the required amount
the Credit Union must immediately notify the
Administrator of Credit Unions. The Credit
Union will ha\c 60 days to replenish the liquidity
reserve, if tb*» Crijdit Union i« unablo te- replon
isl* the liquidity rcooPi 't* within th* 60 day period,
HO- now loan ';, may be mado until the liquidity
rLV .oPi 'L' i^ rL'plL'nitihL'd te- t4+e requ i red amount
(unleoi'i aft- exten '.iun ef exception i* approved by
the AdminiLitrutor).
Statutory Authority G.S. 54-109.12:
54- 1 09.86(c).
11 ILK 7 - DKPAR IMENT OF CULTURAL
RESOURCES
Nootice is hereby given in accordance with G.S.
J50B-J2 that the Cultural Resources/ State Li-brary
intends to amend rule(s) cited as 7 NCAC
2E .0202.
1 he proposed effective date of this action is
January I, 1992.
1 he public hearing will be conducted at 9:00
a.m. on October S, 1991 at the State Libraty
Building/ State Archives, Room 26, 109 E. Jones
Street, Raleigh, N.C.
Coomment Procedures: Written comments to
Mr. Howard McGinn, Director, Division of the
State Library. 109 E. Jones St., Raleigh, N.C.
27601, no later than 5:00 p.m., October 4, 1991.
CHAP! KR 2 - Dl\ ISION OF STATE LIBR.ARY
SUBCHAPTER 2E - LIBRARY DEVELOP.MENT
SERVICES
SECTION .0200 - ORGAMZAHON OF
REGIONAL LIBRARIES
.0202 BOARD OF TRLSTEES
(a) The board of trustees is the governing body
of a regional library. It is composed of not more
than \2 j_5 members. Each county must have
representation on the board in proportions de-termined
equitable by all participating counties.
Regional board members are appointed from
members of local boards where they exist.
(b) Terms of officers and members are to be
limited and staggered to assure continuity as well
as change. No individual member will be ap-pointed
to more than two consecutive terms, and
no single term shaU be longer than six years.
(c) Any trustee missing three consecutive board
meetings is considered to have resigned and wiU
be replaced.
Statutory Authority G.S. 125-2: I43B-I0.
TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES
ly otice is hereby given in accordance with G.S.
I50B-I2 that the Division of Services for the Blind
intends to amend rule(s) cited as 10 NCAC 19F
,0/04, .0402. .0504: and repeal rule(s) cited as
10 NCAC I9F .0108, .0508.
J he proposed effective date of this action is
January J. 1992.
1 he public hearing will be conducted at 10:00
a.m. on October 5, 1991 at the Division of Services
for the Blind, Fisher Building, Conference Room,
309 Ashe Avenue. Raleigh. N.C. 27606.
Coomment Procedures: Any interested person
may present his; her comments either in writing
three days prior to or at the hearing or orally at
the hearing for a maximum of ten minutes. Any
person may request information by writing or
calling Mr. Herman Gruber, Designee, Division
of Services for the Blind, 309 Ashe Avenue,
Raleigh, N.C. 27606 (919) 733-9822.
CHAPTER 19 - SERVICES FOR THE BLIND
SUBCHAPTER 19F - INDEPENDENT LIVING
SERVICES
SECTION .0100 - ELIGIBILITY FOR SERVICES
.0104 BASIC ELIGIBILITY CRITERIA
(a) In addition to the requirements of 10
NCAC 35D .0300, where applicable, an individ-ual
must be determined eligible to receive services
under the Social Services Block Grant (Title XX)
on the basis of:
(-14 income maintenance status;
{¥f income eligible status;
(4) nood without regard te- income fof aW- &if-vices.
except Chore Ser'i icos aft4 Housing
aft4 Home Improvomont SePi'icoo.
6:11 NORTH CAROLINA REGISTER September 5, 1991 686
PROPOSED RULES
( 1) need, with re>;ard to income for In-Home
Aide Senices;
(2) need without regard to income lor all other
services.
(b) lor purposes of dctcrmuung and redeter-mining
eligibility for di\ision sen'ices provided
for in this Subchapter, the rules in Subchapters
10 NCAC 35D and 35E shaU apply.
(c) Indi\'iduals arc eligible for these scr\ices at
the following income levels:
(1) Adjustment services are pro\'ided without
regard to income;
(2) In- Home Aide Senices: Chore Sen'ices for
the Blind are provided to individuals
whose monthly gross family income dooo
H«4 excoud IS less than 100 percent of the
state's established income.
Statutoty Authoriiv G.S. 111-28: 143D-I57: 42
L.S.C. '1397.
.0108 FEES FOR SERVICES (REPEALED)
Statutory' Authority G.S. I43B-157; 42 U.S.C.
1395.
SECriON .0400 - GO.\LS .\M) SERVICES
.0402 SERMCES
The following senices are admini 'i tL'rL'd oxclu
Lpisx'ly provided by senices for the blind under
this Section:
(1) ChorL' SoniccVi fe t4*t* Rlind. Thi'. mi.'anr.
At^ pertommnoo »f tQ 'jk 'j incidfiitcd t«- ife«*
uctis iti^.":. t4 dully li'i ing i
iv hc'ro t4- Vr demon
'' trill
L
'd t4wt- At* indisiduul (becuu -j e »f vi -.ual
di '.iibilitio ':. »f multi di 'jubilitio 'j) » unabk' te-perlonn
i .uch tuLlci' fof him'/' oLf »ft4 '
t
'
l herc ro
ro '/.pon 'i iblc' por'^on » available fs* tl+i^ pur
po -'t^ . Ihiji fienice may W pro'. ided m con
junction \\'\\\i A prosi 'iion e4 training »
L'Olf help f. kill iL. rtft4 w41- b«» usailablo only
until i . uch tiniL' a^ A indi'i idual \^ aW^ t©
perlonn e-.-ie ntial tu 'jk 'j indjpL' ndontly: SieF-vici?
Ci may h^ provided eft » long tenn bar. if.
if di '.abilitiL";. other than blindno '.'
: . prevent
(-ht» null', ulual trom peilorming ' aich ta ii ki . .
In- Home .Aide Senices: Chore Senices for
the Blind: Personal Care Senices for the
Blind. In-Home Aide Senices are those
paraprt)tessKinal which assist the
individual and or familv with essential hc^me
management and or perscmal care tasks
and or supenision necessan' to enable the
individual and c^r family to remain and
function elTectivelv, at home as long as pos-sible.
(2) Adjustment Sen'ices for the Blind and Vis-ually
Handicapped. These are sen'ices pro-vided
m any combination as needed and
appropriate to enable bhnd and visually
handicapped individuals to attain and/or
maintain the highest level of functioning
possible, to promote their well-being, and to
prevent or reduce dependency. This is
achieved through a focused regimen of
counseling and casework assistance to indi-viduals
and their families to help individuals
choose, obtain, and use needed resources,
senices, and mechanisms of support and to
enable individuals to obtain basic education.
Within the context of integral but subordi-nate
to this essential sen'ice function, one
or more of the following sen'ice components
or resource items may be provided:
(a) Assistance with the demands of daily living
may be provided through training in
grooming skills, manipulative skiUs such
as household mechanics, personal skills,
and money identification and manage-ment,
and communication skills such as
braille, typing, and operation of reading
rriachines;
(b) The tcachinc of orientation and mobility
skills;
(c) Therapeutic experiences aimed at helping
the individual to adjust to and accept his
visual limitations through camping expe-riences,
recreational programs, adjustment
training at rehabilitation centers, and in-dividual
and group counseling sessions or
psychiatnc therapy;
(d) Transportation, when not othenvise
available, may be provided within a city
limits at the cost of bus fare, or taxi fare
if bus is not available. If outside city
limits transportation may be pro\'ided at
the current rate as established by G.S.
138-6.
(e) The following senices, items may be pro-vided:
reader sen'ices, tutorial sen'ices.
Interpreter sen'ices for the deaf blind,
braUle and large print production, low vi-sion
optical aids, travel aids and devices,
diagnostic examinations, tapes, commu-nity
sponsored recreational activities, sup-plies
and tuition to enable an individual
to attend technical institutes or commu-nity
colleges for the purpose of gaining
basic education, and equipment, such as
typewriters, reading macliines, talking cal-culators.
(3) limployment and Iraining Support Ser-vices.
These senices are provided as part
of an individual senicc plan to enable indi-
6S7 6:11 NORTH CAROLINA REGISTER September 3, 1991
PROPOSED RULES
viduals to secure paid employment or train-ing
leading to employment, including basic
education and continuing education. Also
included are transportation as needed, tui-tion,
supplies, and rental or purchase of
books when needed to assist in meeting
usual expenses of vocational training, basic
education, or continuing education in public
or private technical institutes or community
coUcges.
(4) Individual and Family y\djustment Services.
These services are designed to offer assist-ance
to individuals and their family members
to restructure and support the client's envi-ronment.
Activities include counseling to
enable the client to recognize, understand,
and cope with problems in regard to such
areas as household management, consumer
affairs, family life education, alcoholism,
drug addiction, mental retardation, emo-tional
disturbance, and school related prob-lems.
(5) Health Support Services. These services
provide help to individuals and families to
recognize health needs including those re-lated
to alcohol and drug abuse and to se-cure
needed health services available under
medicaid, (including the oarly afi4 poriodio
ocrooning. diagnosiff aft4 treatment program),
medicare, maternal and child health pro-grams
or other agency health ser\ices pro-grams
and from other public or private
agencies or providers of health ser\'ices;
counseling and planning, as appropriate,
with individuals, families, and health pro-viders
to help assure continuity of treatment
and the carrying out of health recommen-dations;
and helping individuals to secure
admission to medical institutions and other
health-related facihties as needed. Trans-portation,
when not otherwise available,
may be provided as necessary to access
needed medical and health care resources.
(6) Housing and Home Improvement Services.
These services provide assistance to individ-uals
and families in obtaining and retaining
adequate housing and basic furnishings.
Services include helping to improve
landlord-tenant relations, to identify sub-standard
housing, to secure correction of
housing code violations, to obtain or retain
ownership of own home, and to fmd and
relocate to more suitable housing. The
provision of labor and materials for minor
renovations and repairs to owner-occupied
dwellings to remedy conditions which are a
risk to personal health and safety may be
included as an optional part of this service.
Basic appliances, such as stove, refrigerator,
or heater when this is not the responsibility
of the landlord and the individual lacks these
essentials to prepare food or is without heat,
may be provided with approval of the re-gional
director.
(7) Information and Referral. This means
giving information about services provided
under the state's social services program and
other service programs, both public and pri-vate:
brief assessment to determine the most
appropriate resource to meet the stated
needs of the person requesting services; and
referral to and follow-up with those com-munity
resources which provide or make
a\ai!able such services. Outreach activities
are not included nor is soliciting recipients
for service an activity which is included
within the scope of information and referral.
(8) The foUowing services will be mandated in
all parts of the state; the responsibihty for
the provision of these services rests with the
division of services for the blind:
(a) chore sor^ioe s fef tfee blind, In-Home Aide
Services,
(b) adjustment services for the bliad and vis-ually
handicapped.
Statutoiy Authority G.S. 111-28; I43B-I0.
SECTION .0500 - DELIVERY OF SERVICES
.0504 IN-HOME AIDE SERVICES CONTRACT
Chore ceriice In-Home Aide Services: I evel I
contract is completed by the client and provider
and shows specific types of services to provide
up to one hundred hours of service per month
at the state minimum wage or prevailing county
wage.
Statutory Authority G.S. 111-28; I43B-I57.
.0508 REFERRAL FOR TRAINING IN SELF-HELP
SKILLS AND TECIINIQLES
(REPEALED)
Statutoiy Authority G.S. III-2S; 143B-I57.
'k'k'k'k-k^'k'k'k'k'ic-k-k-k'k-k'k'k
Nootice is hereby gi\-en in accordance with G.S.
ISOB- 1 2 that the Department of Human
Resources/ Division of Medical Assistance intends
to repeal rule(s) cited as 10 SCAC 50C .0201 -
.0203.
6:11 ^ORTH CAROLINA REGISTER September 3, 1991 6S |