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' I I ^ ) / ' \ -^- / / V \cj The NORTH CAROLINA REGISTER IN THIS ISSUE PROPOSED RULES Agriculture Environment, Health, and Natural Resources Labor FINAL RULES List of Rules Codified ARRC OBJECTIONS RECEIVED FEB 21 193, RULES INVALIDATED BY JUDICIAL DECISION ISSUE DATE: FEBRUARY 15, 1991 Volume 5 • Issue 22 • Pages 1303-1322 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, ]egislati\e 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 fi\e 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, AND REPEAL OF RULES 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 temporan,' 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 ruk must begin normal rule-making procedures on the pei manent rule at the same time the temporary rule i adopted. NORTH CAROLINA ADMINISTRATIVE CODE The North Carolina Administrative Code (NCAC) i< a compilation and index of the administrative rules o 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 tlon of the NCAC is mandated by G.S. 150B-63(b). The Code is divided into Titles and Chapters. Eacl state agency is assigned a separate title which is fur ther broken down by chapters. Title 21 is designatec for occupational licensing boards. The NCAC is available in two formats. (1) Single pages may be obtained at a minimun cost of two dollars and 50 cents ($2.50) for 1( pages or less, plus fifteen cents ($0.15) per eacl additional page. (2) The full publication consists of 53 volume totaling in excess of 15,000 pages. It is sup plemented monthly with replacement pages, one year subscription to the full publication ir eluding supplements can be purchased fo seven hundred and fifty dollars ($750.00). Ir dividual volumes may also be purchased wit supplement service. Renewal subscriptions fo supplements to the initial publication availabL Requests for pages of rules or volumes of the NCA( should be directed to the Office of Administrativ Hearings. NOTE The foregoing is a generalized statement of the pre cedures to be followed. For specific statutory languag( it is suggested that Articles 2 and 5 of Chapter 150B the General Statutes be examined carefully. CITATION TO THE NORTH CAROLINA REGISTER The North Carolina Register is cited by volume, issu( page number and date. 1:1 NCR 101-201, April 1, 198 refers to Volume 1, Issue 1, pages 101 through 201 c the North Carolina Register issued on April 1, 1986 North Carolina Register. Published bi-monthly by the Office of Administrati\'e Hearings, P.O. Drawer 27447, Raleigh, North Carolina 27611-7447, pursuant to Chapter 150B of the General Statutes. Subscriptions one hundred and fi\e dollars ($105.00) per year North Carolina Administrative Code. Published in looseleaf notebooks with supplement senice 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 a\ailable. NORTH CAROLINA REGISTER OJJice ofAdministrative Hearings P. O. Drawer 27447 Raleigh, NC 27611-7447 (919) 733 - 2678 ISSUE CONTENTS Julian Mann III, Director James R. Scarcclla Sr., Deputy Director Molly Masich, Director APA Services I. PROPOSED RULES Agriculture N. C. Plant Conservation Board 1303 Environment, Health, and Natural Resources Wildlife Resources Commission 1305 Labor Migrant Housing 1303 n. FINAL RULES List of Rules Codified 1308 III. ARRC OBJECTIONS 1314 IV. RULES INVALIDATED BY JUDICIAL DECISION 1317 V. CUMULATLVE CsDEX 1319 Staff: Ruby Creech, Publications Coordinator Teresa Kilpatrick, Editorial Assistant Jean Shirley, Editorial Assistant NORTH CAROLINA REGISTER Publication Schedule (April 1990 - December 1991) Issue Last Dav Last Day Earliest Date for for Date for Earliest Filing Electronic Public Effective Filing Hearing & Adoption by Agency Date *+++*+ +*+++++ +++++ *++++ *+++ 04/02/90 03/12/90 03/19/90 05/02/90 08/01/90 04/16/90 03^23/90 03/30 90 05/16/90 08/01/90 05 01/90 04/09/90 04 17, 90 05/31/90 09/01 90 05 '15/90 04'24'90 05/01/90 06/14 90 09 '01 90 06/01/90 05 10 90 05/17/90 07/01,90 1001/90 06/15/90 05 24'90 06/01/90 07/15/90 10/01/90 07/02/90 06' 11/90 06' 18/90 08 '01/90 11/01 90 07/16'90 06 22 '90 06/29, 90 08/15/90 11/01/90 08/01/90 07/11 90 07/18/90 08/31 90 12/01 '90 08/15,90 07/25'90 08,01/90 09/14/90 12/01/90 09/04/90 08/13,90 08;20;90 10/04/90 01/01/91 09' 14/90 08 24 90 08/31/90 10 '14/90 01/01/91 10 01/90 09, 10 90 09/17/90 10/31/90 02/01/91 10 '15/90 09/25/90 10 02 90 11/14/90 02/01 91 11 01/90 10/11/90 10,18,90 11/30,90 03/01/91 11/15/90 10,' 24, 90 10/31/90 12'14/90 03/01/91 12/03/90 11/08 '90 11/15/90 01 02/91 04/01/91 12/14/90 11 21,90 11/30/90 01/13/91 04/01/91 01 '02/91 12/07/90 12/14/90 02/01/91 05/01/91 01/15/91 12'20/90 12, 31,, 90 02/14 91 05/01/91 02 '01/91 01 10 91 01/17/91 03/03/91 06'01'91 02/ 15 '91 01 25/91 02,01/91 03/17/91 06/01/91 03 '01/91 02 08 '91 02/15/91 03/31/91 07,'01/91 03'15'91 02 22 91 03 01, 91 04'14'91 07/01/91 04 '01/91 03 11 91 03 18/91 05/0L91 08,01/91 04'15'91 03 22 91 04/01/91 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/ 14/9 1 05/23 91 05/31/91 07/1491 10/01/91 07 01/91 06 10 91 06' 17, 91 07/31,91 11/01,91 07/15/91 06 2191 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 OS 30/91 10/16 91 01 01/92 10/01 '91 09,10 91 09,17,91 10/31 91 02,01 92 10/15/91 09'24 91 10,01/91 1114 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 1491 01 01 '92 04 01/92 12/16/91 11,21/91 12/02/91 01,15,92 04 01/92 * 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 Administrati\-e Rules Review Commission by the 20th of the same calendar month and that ARRC approves the rule at the next calendar month meeting. PROPOSED RULES TITLE 2 - DEPARTMENT OF AGRICULTURE 1\ otice is hereby given in accordance with G.S. ISOB- 1 2 that the N.C. Plant Conservation Board intends to amend rule(s) cited as 2 NCAC 48 F .0304 and adopt rule(s) cited as 2 NCAC 48F .0306. 1 he proposed effective date of this action is June J, 1991. 1 he public hearing will be conducted at 1 :00 p.m. on March 19, 1991 at the Board Room. Ag-riculture Bldg., I W. Edenton St., Raleigh, N.C. 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 addressed to Cecil Frost, Secretary of the North Carolina Plant Consen-ation Board, P.O. Box 27647, Raleigh, NC 27611. CHAPTER 48 - PLANT INDUSTRY SLBCHAPTER 48F - PLANT CONSERVATION SECTION .0300 - ENDANGERED PLANT SPECIES LIST: THREATENED PLANT SPECIES LIST: LIST OF SPECIES OF SPECIAL CONCERN .0304 PLANT SPECIES OF SPECIAL CONCERN (c) Special Concern Not Endangered or Threatened Plant Species are those species that appear on the Special Concern Species List but do not appear on the Endangered Species List or the Threatened Species List and which it shall be unlawful to distribute, seU or offer for sale except as otherwise provided in the rules. ( 1) Dionaea muscipula ^i EUis Venus Fhtrap; (2) f4^ Pana.x quinqucfolius — L. Ginseng. (3) Person. Individual, corporation, partner-ship, firm, or association. (b) Policy: While exported and known world-wide, Venus Fl>'trap is found only within a 75 mile radius of Wilmington, North Carolina and in Horrie County, South Carolina. It's decline in the wild has been well documented: it has now been extirpated from two counties in South Carolina and seven counties in North Carolina. Venus Flytrap is protected from iUegal collection in North Carolina to protect the rights of private and pubhc landowners from unauthorized re-moval of fl>'traps, to support the flytrap trade within the state and to protect the species from over-collection and extinction. (c) Collection of flylraps: (1) Venus Flytraps may not be uprooted, dug, taken or otherwise disturbed or removed for any purpose from the lands of another without a written permit from the owner which is dated and valid for no more than 180 days except that the incidental dis-turbance of flytraps during agricultural, forestry or development operations is not iUegal so long as the plants are not col-lected for sale or barter. (2) Venus Flytraps may not be uprooted, dug, taken or otherwise disturbed or removed for any purpose from public lands in North Carolina without a written permit from the agency which is responsible for administration for such public lands. (3) The Replanting of Fl>'traps. All persons collecting flytraps from the wild are en-couraged to plant the seeds of collected plants, if any, in the immediate vicinity of where they are found. (d) Sale of fljlraps: No person may sell or of-fer for sale Venus Flytraps unless they have been lawfully collected, propagated from lawfully ob-tained stock plants or seed, or collected from one's own land. Statutory Authority G.S. 106-202.15. TITLE 13 - DEPARTMENT OF LABOR Statutory Authority G.S. 106-202.15. .0306 COLLECTION AND SALE OF VENLS FLYTRAP (a) Definitions: (1) Department. The North Carolina De-partment of Agriculture. (2) Flytrap, Venus Flytrap. Any plant of the species Dionaea muscipula including cut-tings, roots, fruits, seeds, propagules or any other plant part. ly otice is hereby given in accordance with G.S. ISOB- 1 2 that the Department of Labor intends to adopt rules cited as 13 NCAC 16 .010/ - .0/02. .020! - .0208, .030/ - .0303. I he proposed effective date of this action is June /, /99/. 1 he public hearing will be conducted at 2:00 p.m. on March 18, 1991 at the Third Floor Board 5:22 NORTH CAROLINA REGISTER February 15, 1991 1303 PROPOSED RULES Room, Education Building, 1 16 West Edenton Street, Raleigh, MC 27601. (^ omment Procedures: People wanting to pres-ent oral testimony at the hearing or who want to have written testimony read at the hearing should provide a written summary of the proposed testi-mony to the Department by March 13, 1991 . Oral presentations will be limited to 15 minutes each. Written statements not presented at the hearing will be accepted by the Department until March 18, 1991. All correspondence should be directed to Bobby Bryan, N.C. Department of Labor, 4 West Edenton Street, Raleigh, \C 27601. Inter-preters for hearing impaired will be made avail-able if requested, 24 hours in advance. CHAPTER 16 - MIGRANT HOUSING SECTION .0100 - GENERAL .0101 APPLICABILITY This particular chapter applies to the inspection and occupancy of all migrant housing within the scope of .Article 19 of Chapter 95 of the General Statutes. Statutory .-iuthority G.S. 95-224. .0102 FORMS The Department of I^bor wiD issue the foUow-ing migrant housing operator-related forms in connection with the preoccupancy inspection process: (1) A "postal card" requesting a preoccupancy inspection, to be completed by the migrant housing operator to notify the Department of the intent to house migrant workers. (2) A card from the Department of Labor in-dicating receipt of the "postal card" re-questing a preoccupancy inspection. (3) Ihe ".Migrant Housing Preoccupancy In-spection Sheet", to be completed by an in-spector and given to the migrant camp operator. This sheet indicates the cor-rections and modifications that need to be made, if any, to the housing in order for it to be in compliance with the Migrant Housing Act. (4) A "Migrant Housing Preoccupancy Abate-ment Notice" to be completed, signed and dated by the migrant housing operator, in-dicating that the items listed on the Migrant Housing Preoccupancy Inspection Sheet ha\e been corrected. This form wiU list each item and the action taken to make the cor-rection. (5) A "Housing Occupancy Certificate," which is to be issued to the migrant housing oper-ator when the housing is in full compliance. Statutory Authority G.S. 95-227; I50B-IL SECTION .0200 - INSPECTIONS .0201 CONDUCT OF PREOCCUPANCY INSPECTIONS (a) Upon the filing of an application for a pre-occupancy inspection by an operator, an in-spection shall be scheduled by the Department of Labor. Upon arriving at the migrant housing site. Department of Labor inspectors shall pres-ent their credentials to the operator or agent in charge of the housing, explain the nature and purpose of the inspection, and indicate generally the scope of the inspection. (b) Inspectors shall have authority to take photographs related to the purpose of the in-spection and employ other reasonable investi-gative techniques. (c) At the conclusion of an inspection, the in-spector shall confer with the migrant housing operator or his representative, and complete and leave with the migrant housing operator or his representative the "Migrant Housing Preoccu-pancy Inspection Sheet" in order to advise him of any apparent safety or health violations dis-closed by the inspection. During such confer-ence, the migrant housing operator shall be afforded an opportunity to bring to the attention of the inspector any pertinent information re-garding conditions in the housing. (d) A "Housing Occupancy Certificate" may, on occasion, be issued by the inspector on-site for housing which is in compliance and where water and sewage systems have been approved by the local health department. Statutory Authority G.S. 95-226. .0202 ABATEMENT NOTICES WTiere apparent safety and health violations are noted during a preoccupancy inspection, a comi-pleted ".Migrant Housing Preoccupancy Abate-ment Notice," signed and dated by the migrant housing operator, indicating that all needed cor-rections have been made, shall be submitted to the Department of I,abor before a certificate shall be issued. Statutory Authority G.S. 95-226. .0203 CERTIFICATION DENIED Following a preoccupancy inspection, a migrant housing operator shall not allow migrant housing to be occupied until any apparent safety and 1504 5:22 NORTH CAROLINA REGISTER February 15, 1991 PROPOSED RULES health violations are corrected and a certificate issued. Statutory Authority G.S. 95-226. .0204 CONTESTMENT OF DENIAL Any operator wishing to cbntest the Depart-ment's failure to issue a certificate may do so by fding a petition for a hearing in accordance with G.S. 150B. Statutory Authority G.S. 95-226; I50B-23. .0205 ISSLANCE OF CERTIFICATES A "housing certificate" shall be issued by the Department of Labor to the migrant housing operator when the migrant housing has been ap-proved and shall contain information indicating: (1) the name of the operator responsible for the housing; (2) the address of the housing; (3) the number of occupants allowed to in-habit the housing; (4) the expected dates of occupancy; (5) a description and number of the housing units; (6) the date certificate is issued; (7) the date of inspection; (8) any special housing conditions which may exist; (9) the expiration date of the certificate, which shall be December 3 1 of the year of the in-spection; (10) the relevant address of the Department of I^bor; and (11) the signature of the appropriate official. Statutory Authority G.S. 95-226. .0206 POSTING REQUIREMENTS When the housing has been certified to be in compliance with Article 19 of Chapter 95 of the General Statutes, each migrant housing operator shall notify all migrants by posting the "Housing Certificate(s)" in a place accessible to the migrants. Statutory Authority G.S. 95-/36; 95-226; 95-227. .0207 REPEAT PREOCCLPANCY VISITS A repeat visit may be conducted following the preoccupancy inspection to determine it defi-ciencies listed on the "Migrant Housing Preoc-cupancy Abatement Sheet" have been corrected. If the housing is occupied when this inspection is made, North Carolina Occupational Safety and Health enforcement procedures shall be followed. Statutory Authority G.S. 95-226; 95-227. .0208 ENFORCEIVIENT VISITS Enforcement visits shall be conducted in ac-cordance with North Carolina Occupational Safety and Health rules as found in 13 NCAC Chapter 7. Statutory Authority G.S. 95-227. SECTION .0300 - PROVISIONAL OCCUPANCY .0301 PROVISIONAL OCCUPANCY A migrant housing operator may allow migrant housing to be occupied on a provisional basis if the operator apphed for a preoccupancy in-spection at least 45 days prior to occupancy, the preoccupancy inspection was not conducted by the Department of Labor of North Carolina at least four days prior to the date specified on the "registration card" as the "arrival date", and the migrant housing operator possesses the card from the North CaroUna Department of Labor verify-ing that the "registration card" has been received. Statutory Authority G.S. 95-226. .0302 PROVISIONAL OCCUPANCY DENIED Provisional occupancy is not permitted if the water and sewage system for the housing has not been approved by the local health department. Any inspection of occupied housing in which water and sewage systems have not been ap-proved will constitute an Occupational Safety and Health enforcement inspection with the is-suance of appropriate citations and penalties. Statutory Authority G.S. 95-226; 95-227. .0303 INSPECTION OF PROVISIONALLY OCCUPIED HOUSING When an inspector makes a preoccupancy in-spection on housing occupied on a provisional basis, the inspector shall issue an on-site written notice to the migrant housing operator to correct any deficiencies within two days or the provi-sional occupancy will be revoked. Should the deficiencies not be corrected within two days, then appropriate Occupational Safety and Health penalties and citations wiU be assessed. Statutory .Authority G.S. 95-226. TITLE 15A - DEPART.MENT OF EMIRON.MENT, HEALTH, AND NATURAL RESOURCES 5:22 NORTH CAROLINA REGISTER February 15, 1991 1305 PROPOSED RULES iS otice is hereby given in accordance with G.S. ISOB- 1 2 thai the North Carolina Wildlife Re-sources Commission intends to amend rule(s) cited as ISA NCAC I OB .0115. 1 he proposed effective date of this action is June 1, 1991. 1 he public hearing will be conducted at 7:00 p.m. on March 19, 1991 at the Kernersville Public Library Auditorium, Kernersville, N.C. Co- 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 March 4, 1991 to April 3. 1991. Such written comments must be delivered or mailed to the N.C. Wildlife Resources Commission, SI2 N. Salisbury Street, Raleigh, SC 27604-1 ISS. CHAPTER 10 - WILDLIFE RESOURCES AND WATER SAFETY SUBCHAPTER lOB - HUNTING AND TRAPPING SECTION .0100 - GENERAL REGULATIONS .0115 SHINING LIGHTS IN DEER AREAS (c) No person shall, between the hours of one-half hour after sunset and one-half hour be-fore sunrise, intentionally shine a light upon a deer or intentionally sweep a light in search of deer in the indicated portions of the following counties; .Alamance -- entire county; Alexander -- entire county; Alleghany -- entire county; Anson -- entire county; Ashe -- entire county; Aver\' -- that portion south and east of Highway 221; Burke -- entire county; Cabarrus -- entire county; Caldwell -- entire county; Caswell -- entire county; Catawba -- entire county; Chatham -- entire county; Clay — entire county; Cleveland -- entire county; Cumberland -- entire county; Davidson — entire county; Davie -- entire county; Durham -- entire county; Edgecombe -- entire county; Fors\th Countv -_^ entire county; (21) (-3% Gaston -- entire county; 1) 2) 3) 4) 5) 6) 7) 8) 9) (10) (11) (12) (13) (14) {\^) (16) (17) (18) (19) 20) (22) (231 (241 (251 (261 (271 128) (29 Qli (321 133) IHl 135] tM (37) (38) [391 (40) till (421 (431 1441 145| 1461 (471 (481 (491 (501 (-344 Guilford -- entire county; (32^ Halifax -- entire county; (^34 Harnett -- entire county; (34^ Henderson -- entire county; f5^ Hyde — that part bounded on the north by a line running parallel with and 1000 yards in a northward direction from that part of SR 1304 that leads from Hodges' Fork to Rose Bay, on the east by the Mattamuskeet National Wildlife Refuge boundary, on the southeast by US 264, and on the west and southwest by a line running parallel with and 1000 yards in a west or southwest direction from the centerline of SR 1304; f3^ Iredell — entire county; ir¥f^ Johnston -- entire county; f5% Lee -- entire county; f3^ Lincoln -- entire county; (-^©4 McDowell -- entire county; f444 Mecklenburg -- entire county; (tW)' Mitchell -- entire county; (4^ Northampton -- entire county; (44-^ Person -- entire county; (4^ Polk -- entire county; f44> Randolph -- entire county; (45^ Robeson County — entire county; (4^ Rockingham -- entire county; (40^ Rowan -- entire county; f+&^ Rutherford -- entire county; f+44 Scotland -- that part lying west of US 401 north of Laurinburg and north of US 74 west of Laurinburg; (454 Stanly -- entire county; f44f Stokes -- entire county; ItAM Surry -- entire county; f44> Transylvania -- entire county; f44i L'nion -- entire county; f44^ Watauga -- entire county; (4^ Wilkes -- entire county; f4% Yadkin -- entire county; f44^ ^'ancey — entire county. Statutory A uthority S.L. I98I, Ch. 4/0; 1982), Ch. 1 180. G.S. 113-134; 113-291.1; S.L. 1981 (Second Session •k-k'k'k'k-k-k-k'k'k'k-k'k-k-k-k-^-k ly Otice is hereby given in accordance with G.S. 1SOB- 12 that the North Carolina Wildlife Re-sources Commission intends to adopt rule(s) cited as ISA NCAC IOK .0001 - .0002. J. he proposed effective date of this action is July 1, 1991. 1306 5:22 NORTH CAROLINA REGISTER February 15, 1991 PROPOSED RULES 1 he public hearing will be conducted at 10:00 a.m. on March 18, 1991 at Room 386, 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 March I, 1991 to April 2, 1991. Such written comments must be delivered or mailed to the N.C. Wildlife Resources Commission, 512 N. Salisbury Street, Raleigh, NC 27604-1 188. SUBCHAPTER lOK - HUNTER SAFETY COURSE .0001 COURSE REQUIREMENTS (a) The hunter safety course shall provide a minimum of ten hours of classroom instruction. (b) Of the ten hours of instruction required by Paragraph (a) of this Rule, 60 percent of the time shall be devoted to instruction related to the safe handling of frrearms. The remaining four hours shall include instruction on hunter responsibility (ethics), wildlife conservation and wOdlife man-agement, wildlife identification, game care, spe-cialty hunting, survival and first aid, water safety, and special concerns (alcohol and drugs, turkey hunting, trapping, all terrain vehicles, hunting dogs). (c) The hunter safety course shall be taught by an instructor certified by the North Carolina WUdlife Resources Commission. (d) ITie foUowLng requirements must be satis-fied by the course participant in order to suc-cessfully complete a hunter safety course and be entitled to the issuance of a Certificate of Com-petency: (1) attain the age of 12; (2) attend all ten hours of the instruction; (3) score a minimum of 70 percent on the fmal written examination; and (4) demonstrate to the satisfaction of the in-structor that the participant has achieved an appropriate level of competency and safety in the handling of firearms. Statutory Authority G.S. 113-134; 1 13-270. 1A. .0002 ISSUANCE OF CERTIFICATE OF COMPETENCY (a) Upon the conclusion of a hunter safety course, the instructor shall complete a card for each participant who successfully completed the course in accordance with 15A NCAC lOK .0001 and forward the card to the North Carolina Wildlife Resources Commission for processing. (b) Within a reasonable time after receiving the completed card referred to in Paragraph (a) of this Rule, the Commission shall issue a Certif-icate of Competency to the participant success-fuUy completing the course. This certificate shall include: (1) A certification number; (2) The participant's name, address and date of birth; (3) The hunter safety course instructor's name; and (4) Course completion date. (c) The Commission shall maintain permanent files of all successful participants in hunter safety courses who were issued a certificate of compe-tency. Duplicate certificates may be obtained from the Commission upon payment of two dollars ($2.00) per copy to cover the cost of du-plication. Statutory 113-270. lA. Authority G.S. 12-3.1; 113-134; 5:22 NORTH CAROLINA REGISTER February 15, 1991 1307 FINAL RULES 1 he List of Rules Codified is a listing ofrules that were filed to be effective in the month indicated. ixules filed for publication in the NCAC may not be identical to the proposed text published pre-viously in the Register. Rules filed with changes are noted with ** Amended, ** Adopted. Please contact this office ifyou have any questions. /± dopted 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. J508, Article 2 requiring publication in the N.C. Register ofproposed rules. LJpon request from the adopting agency, the text of rules will be published in this section. 1 unctuation, typographical and technical changes to rules are incorporated into the List of Rules Codified and are noted as * Correction. These changes do not change the effective date of the rule. NORTH CAROLINA AD.MINISTRATI\ E CODE LIST OF RULES CODIFIED FEBRUARY 1991 AGENCY ACTION TAKEN DKPAR1MENT OF AOMIMSTRA I ION 1 NCAC 6 .0106 Amended DEPARTMENT OF AGRICM.Tl RR 2 NCAC 34 .0305 Correction DEPARTMENT OF ECONOMIC AND COMMIMTY DEVELOPMENT 4 NCAC 7 .0504 Repealed .0506 - .0509 Repealed .0510 Amended .0511 - .0516 Repealed 18 .0309 * Correction OFFICES OF THE GOVERNOR/I lEt TENANT GOVERNOR 9 NCAC 2B Fxecutive Order Number 129 Eff. December 14, 1990 Executive Order Number 130 Eff. January 9, 1991 DEPARTMENT OF HIMAN RESOLRCES 10 NCAC 3V .0303 ** Adopted ** Amended Repealed ** Amended 1308 5:22 NORTH CAROLL^A REGISTER February 15, 1991 14K .0103 .0311 .0327 FINAL RULES .0330 - .0332 Repealed 14M .0101 Amended .0401 Amended 14N .0701 Amended .0702 Repealed .0703 Amended .0901 - .0903 Adopted .0904 Adopted .0905 Adopted 14P .0101 - .0102 + Adopted 14Q .0101 - .0104 Adopted .0201 - .0204 Adopted .0301 - .0306 Adopted 14R .0101 - .0107 Adopted .0201 Adopted .0301 - .0303 Adopted 14S .0101 - .0106 Adopted 18D .0117 Amended .01 18 -.01 19 Amended .0121 Amended .0208 Amended .02 16 -.02 17 Adopted 18L .0433 Adopted .0434 Adopted 18M .0801 - .0802 Amended .0817 Adopted .0822 Repealed .0825 - .0838 Adopted 18Q .0713 Amended .0812 Amended 26B .0111 Amended 26H .0202 Amended 48 Transferred and Recodified to 15A NCAC 14 DEPARTMENT OF INSl R.WCE .0501 .0505 .0507 - .0508 .0509 - .0510 .0601 .0602 .0605 .0701 .0706 .0701 .0801 .0901 .1001 .1106 .1601 - .1604 .0834 .0902 - .0903 .0905 - .0906 .0907 - .0908 .0909 - .0910 .0911 - .0912 Eff. December 20, 1990 11 NCAC 8 Repealed Amended Amended Repealed Repealed Amended Amended Repealed Amended 10 Amended Amended Amended Amended Amended Adopted 12 Adopted Adopted Adopted Adopted Adopted Adopted 5:22 NORTH CAROLINA REGISTER February 15, 1991 1309 FINAL RULES .0913- .0914 .0915 .0916- .0917 .1016 14 .0308 DEPARTMENT OF JLSTICE 12 NCAC 9B .0104 .0205 .0212- .0214 .0226 - .0227 .0310 9C .0308 .0601 lOB .0502 DEPARTMENT OF LABOR Adopted Adopted ** Adopted ** Adopted Temp. Adopted Expires 06-15-91 Amended Amended Amended Amended Amended Amended Amended Amended 13 NCAC 7C .0101 - .0102 Amended DEPARTMENT OF CRIME CONTROL AND PLBLIC SAFETY 14A NCAC 9H .0402 .0704 Amended Amended DEPARTMENT OF ENVIRONMENT, HEALTH, .\ND N.\TLRAL RESOURCES 15A NCAC 2K .0104 .0222 - .0223 2N .0203 31 .0007 3J .0104 3J .0301 3K .0100 .0501 3L .0202 30 .0101 .0203 3Q .0202 3R .0003 .0007 .0010 4A .0005 4B .0027 - .0028 53 .0012 13A .0009 .0010 .0012 138 .0101 - .0103 .0201 - .0202 .0203 .0301 .0401 .0503 .0504 .0506 * Correction * Correction Temp. ^Amended Expires 07-06-91 * Correction ** Adopted * Correction * Correction * Correction Adopted * Correction * Correction ** Adopted * Correction * Correction * Correction * Correction * Correction * Correction ** Amended Amended Amended * Amended ** Amended Amended Amended Amended ** Amended Amended Amended BIO 5:22 NORTH CAROLINA REGISTER February 15, 1991 FINAL RULES .0508 .0901 - .0905 16A .0801 - .0810 17 soc 18A .1935 .1954 19A .0201 20A .0006 21B .0301 - .0306 24A .0202 .0303 24B .0001 .0004 DEPARTMENT OF REVENLE 17 NCAC 6B .0106- .0107 .0111 - .0112 .0117 .0610 - .0611 .3203 .3402 - .3403 .3513 .3804 .3904 .4006 .4008 .4103 .4105 6C .0202 - .0204 8 .0403 - .0504 .0404 .0604 - .0605 SECRETARY OF STATE 18 NCAC 4 .0101 - .0102 .0205 - .0206 .0301 .0302 - .0303 .0305 - .0308 .0310 .0311 - .0315 .0316 .0401 .0402 .0501 .0502 .0314 .0503 - .0504 6 .1202 .1210 DEPARTMENT OF TRANSPORTATION 19A NCAC 3J .0102 .0201 Amended ** Adopted Temp. Adopted Expires 07-06-91 * Correction * Correction * Correction Temp. Amended Expires 07-06-91 Amended ** Amended Amended ** Amended * Correction * Correction Amended Amended Amended Adopted Amended Amended Amended Amended Amended Amended Adopted * Correction * Correction Amended Amended Amended Amended Amended Amended Repealed Amended Amended Repealed Amended Repealed * Adopted ** Amended Amended Amended ** Amended Amended Amended Adopted Amended Amended 5:22 NORTH CAROLINA REGISTER February 15, 1991 1311 FINAL RULES .0204 .0303 .0308 .0601 .0701 BOARD OF MEDICAL EXAMINERS Amended Amended Amended Amended Amended 21 NCAC 32L .0001 .0005 .0009 32M .0006 - .0007 Temp. Amended Expires 05-01-91 Temp. Amended Expires 05-01-91 Temp. Amended Expires 05-01-91 ** Adopted BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS 21 NCAC 37 BOARD OF PHARMACY .0208 .0211 .0301 .0302 .0303 .0304 .0402 .0404 - .0405 .0502 .0505 .0507 .0508 - .0509 .0512 .0513 .0517 .0518 .0519 .0904 .0906 .0912 .1004 ** Amended ** Amended Amended ** Amended Amended ** Amended Amended Amended ** Amended Amended Amended ** Amended Amended Repealed Amended Repealed ** Amended ** Amended ** Amended ** Amended Repealed 21 NCAC 46 .1912 -.1913 Adopted BOARD OF EXAMINERS OF PLUMBING AND HEATING CONTRACTORS 21 NCAC 50 .0408 .1201 .1202- .1203 .1204- .1206 .1207 .1301 - .1305 REAL ESTATE COMMISSION 21 NCAC 58A .0301 .0503 .0505 58C .0302 Amended Adopted * * Adopted Adopted + * Adopted Adopted Amended Amended Amended Amended 1512 5:22 NORTH CAROLINA REGISTER February 15, 1991 FINAL RULES .0308 Amended 58D .0302 Amended .0402 Amended .0406 Amended .0408 - .0409 Amended 5:22 NORTH CAROLINA REGISTER February 15, 1991 I3I3 ARRC OBJECTIONS Tkhe Administrative Rules Review Commission (ARRC) objected to the following rules in accord-ance with G.S. 143B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. l43B-30.2(d). ECONOMIC AND COMMLAITY DE\ ELOPMENT Hazardous Waste Management Commission 4 SCAC 18 .0309 - Final Site ENA IRONMENT, HEALTH, AND NATURAL RESOURCES Adult Health 15A .\CA C I6A .0804 - Financial Eligibility ISA .\CAC I6A .0806 - Billing the HIV Health Services Program Coastal Management J5A .\CAC 7J .0409 - Ci\il Penalties ISA SCAC '7J .1109 - Permit Fee Environmental Health 15A SC.-IC 18C .0102 - Definitions ISA SCA C 18C . IS32 - Variances and Exemptions ISA \C.4C 18C .1S34 - Max Contaminant Levels for Coliform Bacteria ISA .\CAC ISC .2001 - General Requirements ISA .\CAC 18C .2002 - Disinfection ISA .\CAC 18C .2003 - Filtration 1S.4 .\C.4C ISC .2004 - Analytical and .Monitoring Requirements IS.4 .\C.4C ISC .2003 - Criteria for Avoiding Filtration Marine Fisheries ISA .\CAC3C .0311 - Cancellation Agency Re\-ised Rule ISA SCAC 30 .0203 - Shellfish Lease Application Processing .4gency Rexised Rule \\ildLife Resources Commission ISA .XCAC lOH .0302 - Minimum Standards Agency Revised Rule ARRC Objection F18;9J ARRC Objection J; 18 91 ARRC Objection LIS 91 ARRC Objection L 18.91 ARRC Objection 1; 18:91 ARRC ARRC ARRC ARRC ARRC ARRC ARRC ARRC Objection 10 Objection 10 Objection 10 Objection 10 Objection 10 Objection 10 Objection 10 Objection 10 IS 90 IS 90 18 90 18 90 18 90 18 90 IS 90 18. 90 ARRC Objection 9 20 90 Obj. Removed 10 18 90 ARRC Objection 8 16 90 Obj. Removed 9,20 90 ARRC Objection 9 20 90 Obj. Removed 10 18.90 1314 5:22 NORTH CAROLINA REGISTER February 15, 1991 ARRC OBJECTIONS HUMAN RESOURCES Facility Services W NCAC 3V .0303 - Insurance Required Individual and Family Support 10 NCAC 42B .1201 - Personnel Requirements 10 NCAC 42C .2001 - Qualifications of Administrator 10 NCAC 42C .2002 - Qualifications of Supervisor-in-Charge 10 NCAC 42C .2006 - Qualifications of Activities Coordinator 10 NCAC42C .3301 - Existing Building JO NCAC 42D .1401 - Qualifications of Administrator/ Co-Administrator INSURANCE Life: Accident and Health Division // NC.4C 12 .0904 - Requirements for Utilization Review Agency Re\'ised Rule LICENSING BOARDS AND COMMISSIONS Medical Examiners 21 NCAC 32M .0007 - Termination ofNP Approval Nursing, Board of 21 NCAC 36 .0217 - Revocation, Suspension, or Denial of License No Response from Agency 21 NCAC 36 .0504 - Certificate of Registration 21 NCAC 36 .0505 - General and Administrative Provisions 21 NCAC 36 .0507 - Fees Physical Therapy 21 NCAC 48C .0102 - Responsibilities Agency Returned Rule Unchanged 2! NCAC48C .0501 - Exemption for Students Agency Returned Rule Unchanged Plumbing and Heating Contractors 21 NCAC 50 .1203 - Disposition of Petitions 21 NCAC 50 .1207 - Request to Participate SECRETARY OE STATE ARRC Objection 11/14/90 ARRC ARRC ARRC ARRC ARRC ARRC Objection Objection Objection Objection Objection Objection 1/18/91 1/18/91 1/18/91 1/18/91 11/14/90 11/14/90 ARRC Objection 12/20/90 Obj. Removed 1/18/91 ARRC Objection 11/14/90 ARRC Objection 12/20/90 1/18/91 ARRC Objection 1/18/91 ARRC Objection 1/18/91 ARRC Objection 1/18/91 ARRC Objection 9/20/90 No Action 10/18/90 ARRC Objection 9/20/90 No Action 10/18/90 ARRC Objection 11/14/90 ARRC Objection 11/14/90 Securities Division 18 NCAC 6 .1210 - Securities Exchgs/Autod Quot. Sys. Approved/Admin Agency Responded to Objection ARRC Objection 12/20/90 No Action 1/18/91 :):J77 NORTH CAROLINA REGISTER Eebruaiy 15, 1 99 1 1315 ARRC OBJECTIONS STATE PERSOVSFX 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC Agency 25 NCAC 25 NCAC 25 NCAC Agency IB IB IB IB IB IB IB IB IB IB IB IB IB IB 0/07 0/08 0/09 Olio Olll 0/12 0/13 0/14 0/15 0/16 .0117 0118 01/9 .0120 IVididrew ID .0509 IL .0201 IL .0202 W'it/idrew Personnel Commission Meetings ARRC Objection 9/20/90 Commission Staff ARRC Objection 9/20/90 Commission Actions ARRC Objection 9/20190 Motions ARRC Objection 9/20/90 Voting ARRC Objection 9/20/90 Abstention ARRC Objection 9/20/90 Duties of the C/iairman ARRC Objection 9/20/90 Order of Business ARRC Objection 9/20/90 Special Meetings ARRC Objection 9/20/90 Duties of Chairman Between Meetings of the Comm ARRC Objection 9/20/90 Standing/ Special Committees ARRC Objection 9/20/90 Minutes ARRC Objection 9/20/90 Notice of Commission Action ARRC Objection 9/20/90 Appointment of Vice-Chairman ARRC Objection 9/20/90 Rules .0107 - .0120 10/18/90 - Severance Salary Continuation ARRC Objection I/I8/9I Purpose ARRC Objection 9/20/90 Policy ARRC Objection 9/20/90 Rules .0201 - .0202 10/18/90 1316 5:22 NORTH CAROLINA REGISTER February 15, 1991 RULES INVALIDA TED BY JUDICIAL DECISION 1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, Court of Appeals, Superior Court (when available), and the Office ofAdministrative Hearings which invalidate a rule in the North Carolina Administrative Code. 10 i\CAC IB .0202(c) - REQUEST FOR DETERMINA TION Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 NCAC IB .0202(c) void as applied in New Hanover Memorial Hospital, Inc., Petitioner v. N.C. Department of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 DIIR 0792). 10 NCAC IB .0202(c) - REQUEST FOR DETERMINA TION Brenda B. Becton, Administrative I^w Judge with the Office of Administrative Hearings, declared Rule 10 NCAC IB .0202(c) void as applied in High Point Regional Hospital, Inc., Petitioner v. Department of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 DHR 0770). 10 NCAC 3R .0317(g) - WITHDRAWAL OF A CERTIFICATE Robert Roosevelt Reilly, Jr., Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General Partnership. Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90 DHR 0296). 10 NCAC 3R .0317(g) - WITHDRA WAL OF CERTIFICA TE Michael Rivers Morgan, Administrative Law Judge with the Office of Administrative Hearings, de-clared Rule 10 NCAC 3R .0317(g) void as applied in Autumn Corporation, Petitioner v. N.C. Depart-ment of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 DHR 0321 and 90 DHR 0318). 10 NCAC 261 .0101 - PURPOSE: SCOPE/NOTICE OF CHANGE IN LEVEL OF CARE 10 NCAC 261 .0102 - REQUESTS FOR RECONSIDERA TION AND RECIPIENT APPEALS 10 NCAC 261 .0104 - FORMAL APPEALS Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rules 10 NCAC 261 .0101, 10 NCAC 261 .0102 and 10 NCAC 261 .0104 void as apphed m Linda Allred, Petitioner v. North Carolina Department of Human Resources, Division of Medical Assistance, Re-spondent (90 DHR 0940). 10 NCAC 42W .0003(c) - COUNTY DEPT OF SOCIAL SERVICES RESPONSIBILITIES 10 NCAC 42W .0005 - REPORTING CASES OF RAPE AND INCEST The North CaroUna Court of Appeals, per Judge Robert F. Orr, declared Rules 10 NCAC 42W .0003(c) and 10 NCAC 42W .0005 void as applied m Rankin Whittington, Daniel C. Hudgins, Dr. Takey Crist, Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte, Inc., Plaintiffs v. The North Carolina Department of Human Resources, Da\'id Flaherty, in his capacity as Secretary of the North CaroUna Department of Human Resources, The North Carolina Social Services Commission, and C. Bany McCartv, in his capacity as Chairperson of the North Carolina Social Services Commission, De-fendants 1 100 N.C. App. 603 (398 S.E.2d 40) (1990)). 5:22 NORTH CAROLINA REGISTER February 15,1991 1317 .\OR TH CAROL[i\A ADMIMSTRA THE CODE CLASSIFICA TION SYSTEM The Sorlh Carolina Administrative Code ^SCAC) has four major subdivisions of rules. Two of these, titles and chapters, are mandatory. The major subdivision of the XCA C is the title. Each major department in the Xorth Carolina executive branch of government has been as-signed a title number. Titles are further broken down into chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions to be used by-agencies when appropriate. TITLE/MAJOR DIMSIONS OF THE NORTH CAROLESA ADMIMSTRATn E CODE ITLE DEPARTMENT LICENSING BOARDS CHAPTER 1 Administration .Architecture 2 2 Agriculture Auctioneers 4 3 Auditor Barber Examiners 6 4 Economic and Community Certified Public Accountant Examiners 8 Development Chiropractic Examiners 10 5 Correction General Contractors 12 6 Council of State Cosmetic .Art Examiners 14 7 Cultural Resources Dental Examiners 16 8 Elections Electrical Contractors 18 9 Governor Foresters 20 10 Human Resources Geologists 21 11 Insurance I learing .Aid Dealers and Fitters 22 12 Justice Landscape .Architects 26 13 Labor Landscape Contractors 28 14A Crime Control and Public Safety Marital & Family Therapy 31 15A Environment. Health, and Natural Medical Examiners 32 Resources Midwilen,- Jomt Committee 33 16 Public Education Mortuar>- Science 34 17 Revenue Nursing 36 18 Secretary of State Nursing Home Administrators 37 19A Transportation Occupational Therapists 38 20 Treasurer Opticians 40 *21 Occupational Licensing Boards Optometp,' 42 22 Administrati\e Procedures Osteopathic Examination and 44 23 Community Colleges Registration 24 Independent Agencies Pharmacy 46 25 State Personnel Physical Therapy Examiners 48 26 Administrati\'e Hearings Plumbing and Heating Contractors 50 Podiatp,' Examiners 52 Practicing Counselors 53 Practicing Psychologists 54 Professional Engineers and Land Sur\'eyors 56 Real Estate Commission 58 Refrigeration Examiners 60 Sanitarian Examiners 62 Social Work 63 Speech and Language Patholo^sts and 64 .Audiologists \'eterinan- Medical Board 66 Note: Title 21 contains the chapters of the various occupational licensing boards. 13 IS 5:22 NORTH CAROLINA REGISTER February 15, 1991 CUMULA TIVE INDEX CUMULA TIVE INDEX (April 1990 - March 1991) 1990 - 1991 Pages AO - Administrative Order AG - Attorney General's Opinions C - Correction FR - Final Rule GS - General Statute JO - Judicial Orders or Decision M - Miscellaneous \P - Notice of Petitions PR - Proposed Rule SO - Statements of Organization TR - Temporary' Rule ADMIMSIRATION Aux.iLiar>' Ser\'ices, 860 PR State Property and Construction, 41! PR ADMINISTRAXrV E HEARINGS Rules Division, 792 PR AGRICULTURE Markets, 737 PR Issue 1 - 151 1 - April 152 - 235 2 - April 236 - 285 3 - May 286 - 312 4 - May 313 - 407 5 - June 408 - 473 6 - June 474 - 513 7 - July 514 - 603 8 - July 604 - 635 9 - August 636 - 723 10 - August 724 - 791 11 - September 792 - 859 12 - September 860 - 895 13 - October 896 - 956 14 - October 957 - 1009 15 - November 1010 - 1059 16 - November 1060 - 1106 17 - December 1107 - 1176 18 - December 1177 - 1214 19 - January 1215 - 1244 20 - January 1245 - 1302 21 - February 1303 - 1322 22 - February 5:22 NORTH CAROLINA REGISTER February 15, 1991 1319 CUMULA TIVE INDEX Plant Conservation Board, 1 PR, 1303 PR Plant Industr>', 739 PR, 1248 PR State Pair, 737 PR, 1248 PR Structural Pest Control Committee, 7 PR CO.MMLAITY COLLEGES Community Colleges, Department of, 1031 PR CORRECTION Division of Pnsons, 762 FR, 867 FR, 938 PR, 1035 FR, 1274 FR CRIME CONTROL AND PI BLIC SAFETY State Highway Patrol, 53 PR, 804 PR Butncr Public Safety Division, 419 PR ECONOMIC AND COMMLAITY DEVELOPMENT Banking Commission, 16 PR, 1062 PR, 1108 PR Communitv Assistance, 25 PR, 317 PR, 1110 PR Credit Union, 317 PR, 860 PR, 1251 PR Fnerg\' Division, 1013 PR Hazardous Waste Management, 742 PR, 1 109 PR Milk Commission, 24 PR, 741 PR ENMRONMENT, HEALTH, AND NATURAL RESOURCES Coastal Management, 136 PR, 292 PR, 707 PR, 979 PR, 1271 PR Envu-onmental Management, 54 PR, 193 PR, 420 PR, 542 PR, 706 PR, 744 PR, 912 PR, 1019 PR, 1121 PR, 1185 PR Health Services, 190 PR, 565 PR, 816 PR, 860 PR, 1123 PR, 1188 PR Land Resources, 744 PR Marine Fishenes, 63 PR, 484 PR, 805 PR State Registrar, 1221 PR Wastewater Treatment Plant Operators Certification Commission, 551 PR Water Treatment FaciJitv Operators Board of Certification, 621 PR, 983 PR, 1272 PR Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438PR, 563 PR, 748 PR, 815 PR, 924 PR, 1020 PR, 1074 PR, 1186 PR, 1220 PR, 1305 PR FINAL DECISION LEITERS Voting Rights Act, 241, 286, 316, 605, 638, 792, 957, 1011, 1061, 1107, 1246 FINAL RULES List of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR, 710 FR,842 FR, 944 FR, 1047 FR, 1166 FR, 1230 FR, 1308 FR GOVERNOR/LT. GOVERNOR Fxecutive Orders, 236, 313, 408, 474, 514, 604, 636, 724, 896, 1010, 1060, 1245 HUMAN RESOURCES Aeine, Division of 704 PR Drug^Commission, 870 FR, 939 FR Facilitv Ser\iccs, 516 PR, 702 PR, 958 PR, 1116 PR, 1216 PR, 1251 PR Health Services, 152 PR, 245 PR Medical Assistance, 191 PR, 911 PR, 1018 PR Mental Health, Developmental Disabilities and Substance Abuse Ser%'ices, 29 PR, 318 PR, 475 PR, 898 PR, 1219 PR Services for the Blmd, 412 PR Services for the Deal' and the Hard of Hearing, 1065 PR Social Services, 247 PR, 607 PR, 976 PR, 1262 PR Water Treatment Facility Operators Board of Certification, 27 PR Youth Services, 261 PR, 1268 PR mo 5:22 ISORTH CAROLINA REGISTER February' 15, 1991 CUMULA TIVE INDEX INSURANCE Actuarial Services Division, 480 PR Admission Requirements, 1220 PR Agent Sendees Division, 321 PR, 520 PR Engineering and Building Codes, 793 PR Financial Evaluation Division, 342 PR, 525 PR Eire and Casualty Division, 335 PR, 478 PR, 796 PR Eife: Accident and Health, 264 PR, 287 PR, 529 PR, 798 PR Medical Database Commission, 1120 PR JUSTICE Attorney General, Office of the, 192 PR, 273 PR CriminaJ Justice Education and Training Standards Commission, 704 PR, 1178 PR Sheriffs' Standards Division, 608 PR LABOR Migrant Housing, 1303 PR LICENSING BOARDS /Vrchitecture, Board of 1 162 PR Auctioneers Commission, 1093 PR Certified Public Accountant Examiners, 983 PR Cosmetic Art Examiners, Board of 355 PR, 708 PR, 927 PR Dental Examiners, Board of 1 196 PR Electrical Contractors, Board of Examiners of, 356 PR Landscape Architects, Board of 1273 PR \Tedical Examiners, Board of 207 PR, 838 PR, 862 PR, 1222 PR Midwifer>' Joint Committee, 994 PR Mortuary Science, Board of 749 PR Nursing,' Board of 300 PR, 496 PR, 994 PR, 1096 PR, 1199 PR Nursing Home Administrators, Board of 750 PR, 1203 PR Pharmacy, Board of 1031 PR Physical Therapy Examiners, Board of 443 PR Plumbing and Heating Contractors, Examiners, 621 PR, 1204 PR Practicing Psychologists, Board of 755 PR Real Estate Comimssion, 625 PR, 863 PR NOTICE OAH, Change of Address, 1215 NOTICE OE PEIITION Municipal Incorporation, 1177 PUBLIC EDUCATION Elementary and Secondary, 141 PR, 275 PR, 351 PR, 1028 PR, 1160 PR REVENIE lndividu.d Income Tax, 359 FR, 1036 FR, 1277 FR Intangibles Tax Division, 1226 FR License and Excise Tax Division, 445 FR Sales and Use Tax, 213 FR, 453 FR, 872 FR SECRETARY OF STATE Corporations Division, 489 PR Securities Division, 293 PR, 495 PR, 927 PR, 1029 PR STATE PERSONN,EL State Personnel Commission, 277 PR, 500 PR, 756 PR, 996 PR, 1206 PR 5:22 NORTH CAROLINA REGISTER February 15, 1991 1321 CVMULA TIVE INDEX STATE TREASURER Department Rules, 352 PR Local Government Commission, 352 PR, 442 PR, 1195 PR Solid Waste Management Capital Projects Financing Agency, 354 PR STATEMENTS OF ORGANIZATION Statements of Organization, 639 SO TRANSPORTATION Highways, Division of, 765 FR, 883 FR, 1038 FR, Motor Vehicles, Division of, 222 FR, 773 FR, 943 FR, 1290 FR 1322 5:22 NORTH CAROLINA REGISTER February 15, 1991 NORTH CAROLINA ADMINISTRATIVE CODE The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly with replacement pages. A one year subscription to the full publication including supplements can be purchasedfor se\'en hundred andfifty dollars ($750.00). Individual volumes may also be purchased with supplement service. Renewal subscriptions for supplements to the initial publication are available at one-half the new subscription price. PRICE LIST FOR THE SUBSCRIPTION YEAR Volume Title Chapter Subject New Subscription* Total Quantity Price 1 - 52 FuU Code 1 2 2 3 4 4 5 5 6 7 8 9 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 11 12 13 13 13 14A 15A 15A 15A 15A 15A 1 - 37 1 - 24 25- 52 1 -4 1 - 2 3-20 1 - 2 3 - 4 1 -4 1 - 12 1 -9 1 -4 1 - 2 3A- 3K 3L- 3R 3S -3U 4- 6 7 8-9 10 11-14 15- 17 18 19-30 31 -33 34-41 42 43- 51 1 - 15 1 - 12 1 -6 7 8- 15 1 - 11 1 - 2 3-6 7 8-9 10 All titles Administration Agriculture Agriculture Auditor BCD (includes ABC) ECD Correction Correction Council of State Cultural Resources Elections Governor Human Resources Human Resources Human Resources (mcludcs CON) Human Resources Human Resources Human Resources Human Resources Human Resources Human Resources Human Resources Human Resources Human Resources Human Resources Human Resources Human Resources Human Resources Insurance Justice Labor OSHA Labor Crime Control and Public Safety EHNR (includes EMC) EHNR Coastal Management EHNR Wildlife $750.00 90.00 75.00 75.00 10.00 45.00 90.00 60.00 30.00 60.00 10.00 45.00 30.00 90.00 45.00 30.00 30.00 30.00 30.00 30.00 60.00 45.00 75.00 90.00 30.00 60.00 45.00 90.00 90.00 90.00 30.00 45.00 45.00 45.00 90.00 45.00 45.00 30.00 45.00 1 ~i 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Continued Volume Title Chapter Subject New Subscription* Quantity TotaJ Price 39 15A 15A 16 17 17 18 19A 20 21 21 21 22 23 24 25 26 11 - 18 19- 26 1 - 6 1 - 6 7- 11 1 - 7 1 - 6 1 - 9 1 - 16 17- 37 38- 70 1 - 2 1 - 2 1 - 2 1 -4 EHNR 90.00 EHNR (includes Breathali/er) 75.00 Education 30.00 Revenue 75.00 Revenue 60.00 Secretary' of State 30.00 Transportation 90.00 Treasurer 45.00 Licensing Boards 75.00 Licensmg Boards 75.00 Licensing Boards .Administrative Procedures 75.00 Community Colleges 10.00 Independent Agencies 10.00 State Personnel" 60.00 Administrative Hearings 10.00 Total for Volumes SaJes tax (if applicable) Total .Amount 40 41 42 43 44 45 46 47 48 49 50 51 52 53 (Make checks payable to OJJice of Administrative Hearings.) 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Object Description
Description
Title | North Carolina register |
Date | 1991-02-15 |
Description | Vol. 5, issue 22 (February 15, 1991) |
Publisher | Raleigh, N.C. : Office of Administrative Hearings |
Digital Characteristics-A | 28 p.; 1.45 MB |
Digital Format | application/pdf |
Pres File Name-M | pubs_serial_ncregister19910215.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_serial_ncregister\images_master |
Full Text | ' I I ^ ) / ' \ -^- / / V \cj The NORTH CAROLINA REGISTER IN THIS ISSUE PROPOSED RULES Agriculture Environment, Health, and Natural Resources Labor FINAL RULES List of Rules Codified ARRC OBJECTIONS RECEIVED FEB 21 193, RULES INVALIDATED BY JUDICIAL DECISION ISSUE DATE: FEBRUARY 15, 1991 Volume 5 • Issue 22 • Pages 1303-1322 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, ]egislati\e 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 fi\e 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, AND REPEAL OF RULES 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 temporan,' 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 ruk must begin normal rule-making procedures on the pei manent rule at the same time the temporary rule i adopted. NORTH CAROLINA ADMINISTRATIVE CODE The North Carolina Administrative Code (NCAC) i< a compilation and index of the administrative rules o 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 tlon of the NCAC is mandated by G.S. 150B-63(b). The Code is divided into Titles and Chapters. Eacl state agency is assigned a separate title which is fur ther broken down by chapters. Title 21 is designatec for occupational licensing boards. The NCAC is available in two formats. (1) Single pages may be obtained at a minimun cost of two dollars and 50 cents ($2.50) for 1( pages or less, plus fifteen cents ($0.15) per eacl additional page. (2) The full publication consists of 53 volume totaling in excess of 15,000 pages. It is sup plemented monthly with replacement pages, one year subscription to the full publication ir eluding supplements can be purchased fo seven hundred and fifty dollars ($750.00). Ir dividual volumes may also be purchased wit supplement service. Renewal subscriptions fo supplements to the initial publication availabL Requests for pages of rules or volumes of the NCA( should be directed to the Office of Administrativ Hearings. NOTE The foregoing is a generalized statement of the pre cedures to be followed. For specific statutory languag( it is suggested that Articles 2 and 5 of Chapter 150B the General Statutes be examined carefully. CITATION TO THE NORTH CAROLINA REGISTER The North Carolina Register is cited by volume, issu( page number and date. 1:1 NCR 101-201, April 1, 198 refers to Volume 1, Issue 1, pages 101 through 201 c the North Carolina Register issued on April 1, 1986 North Carolina Register. Published bi-monthly by the Office of Administrati\'e Hearings, P.O. Drawer 27447, Raleigh, North Carolina 27611-7447, pursuant to Chapter 150B of the General Statutes. Subscriptions one hundred and fi\e dollars ($105.00) per year North Carolina Administrative Code. Published in looseleaf notebooks with supplement senice 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 a\ailable. NORTH CAROLINA REGISTER OJJice ofAdministrative Hearings P. O. Drawer 27447 Raleigh, NC 27611-7447 (919) 733 - 2678 ISSUE CONTENTS Julian Mann III, Director James R. Scarcclla Sr., Deputy Director Molly Masich, Director APA Services I. PROPOSED RULES Agriculture N. C. Plant Conservation Board 1303 Environment, Health, and Natural Resources Wildlife Resources Commission 1305 Labor Migrant Housing 1303 n. FINAL RULES List of Rules Codified 1308 III. ARRC OBJECTIONS 1314 IV. RULES INVALIDATED BY JUDICIAL DECISION 1317 V. CUMULATLVE CsDEX 1319 Staff: Ruby Creech, Publications Coordinator Teresa Kilpatrick, Editorial Assistant Jean Shirley, Editorial Assistant NORTH CAROLINA REGISTER Publication Schedule (April 1990 - December 1991) Issue Last Dav Last Day Earliest Date for for Date for Earliest Filing Electronic Public Effective Filing Hearing & Adoption by Agency Date *+++*+ +*+++++ +++++ *++++ *+++ 04/02/90 03/12/90 03/19/90 05/02/90 08/01/90 04/16/90 03^23/90 03/30 90 05/16/90 08/01/90 05 01/90 04/09/90 04 17, 90 05/31/90 09/01 90 05 '15/90 04'24'90 05/01/90 06/14 90 09 '01 90 06/01/90 05 10 90 05/17/90 07/01,90 1001/90 06/15/90 05 24'90 06/01/90 07/15/90 10/01/90 07/02/90 06' 11/90 06' 18/90 08 '01/90 11/01 90 07/16'90 06 22 '90 06/29, 90 08/15/90 11/01/90 08/01/90 07/11 90 07/18/90 08/31 90 12/01 '90 08/15,90 07/25'90 08,01/90 09/14/90 12/01/90 09/04/90 08/13,90 08;20;90 10/04/90 01/01/91 09' 14/90 08 24 90 08/31/90 10 '14/90 01/01/91 10 01/90 09, 10 90 09/17/90 10/31/90 02/01/91 10 '15/90 09/25/90 10 02 90 11/14/90 02/01 91 11 01/90 10/11/90 10,18,90 11/30,90 03/01/91 11/15/90 10,' 24, 90 10/31/90 12'14/90 03/01/91 12/03/90 11/08 '90 11/15/90 01 02/91 04/01/91 12/14/90 11 21,90 11/30/90 01/13/91 04/01/91 01 '02/91 12/07/90 12/14/90 02/01/91 05/01/91 01/15/91 12'20/90 12, 31,, 90 02/14 91 05/01/91 02 '01/91 01 10 91 01/17/91 03/03/91 06'01'91 02/ 15 '91 01 25/91 02,01/91 03/17/91 06/01/91 03 '01/91 02 08 '91 02/15/91 03/31/91 07,'01/91 03'15'91 02 22 91 03 01, 91 04'14'91 07/01/91 04 '01/91 03 11 91 03 18/91 05/0L91 08,01/91 04'15'91 03 22 91 04/01/91 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/ 14/9 1 05/23 91 05/31/91 07/1491 10/01/91 07 01/91 06 10 91 06' 17, 91 07/31,91 11/01,91 07/15/91 06 2191 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 OS 30/91 10/16 91 01 01/92 10/01 '91 09,10 91 09,17,91 10/31 91 02,01 92 10/15/91 09'24 91 10,01/91 1114 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 1491 01 01 '92 04 01/92 12/16/91 11,21/91 12/02/91 01,15,92 04 01/92 * 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 Administrati\-e Rules Review Commission by the 20th of the same calendar month and that ARRC approves the rule at the next calendar month meeting. PROPOSED RULES TITLE 2 - DEPARTMENT OF AGRICULTURE 1\ otice is hereby given in accordance with G.S. ISOB- 1 2 that the N.C. Plant Conservation Board intends to amend rule(s) cited as 2 NCAC 48 F .0304 and adopt rule(s) cited as 2 NCAC 48F .0306. 1 he proposed effective date of this action is June J, 1991. 1 he public hearing will be conducted at 1 :00 p.m. on March 19, 1991 at the Board Room. Ag-riculture Bldg., I W. Edenton St., Raleigh, N.C. 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 addressed to Cecil Frost, Secretary of the North Carolina Plant Consen-ation Board, P.O. Box 27647, Raleigh, NC 27611. CHAPTER 48 - PLANT INDUSTRY SLBCHAPTER 48F - PLANT CONSERVATION SECTION .0300 - ENDANGERED PLANT SPECIES LIST: THREATENED PLANT SPECIES LIST: LIST OF SPECIES OF SPECIAL CONCERN .0304 PLANT SPECIES OF SPECIAL CONCERN (c) Special Concern Not Endangered or Threatened Plant Species are those species that appear on the Special Concern Species List but do not appear on the Endangered Species List or the Threatened Species List and which it shall be unlawful to distribute, seU or offer for sale except as otherwise provided in the rules. ( 1) Dionaea muscipula ^i EUis Venus Fhtrap; (2) f4^ Pana.x quinqucfolius — L. Ginseng. (3) Person. Individual, corporation, partner-ship, firm, or association. (b) Policy: While exported and known world-wide, Venus Fl>'trap is found only within a 75 mile radius of Wilmington, North Carolina and in Horrie County, South Carolina. It's decline in the wild has been well documented: it has now been extirpated from two counties in South Carolina and seven counties in North Carolina. Venus Flytrap is protected from iUegal collection in North Carolina to protect the rights of private and pubhc landowners from unauthorized re-moval of fl>'traps, to support the flytrap trade within the state and to protect the species from over-collection and extinction. (c) Collection of flylraps: (1) Venus Flytraps may not be uprooted, dug, taken or otherwise disturbed or removed for any purpose from the lands of another without a written permit from the owner which is dated and valid for no more than 180 days except that the incidental dis-turbance of flytraps during agricultural, forestry or development operations is not iUegal so long as the plants are not col-lected for sale or barter. (2) Venus Flytraps may not be uprooted, dug, taken or otherwise disturbed or removed for any purpose from public lands in North Carolina without a written permit from the agency which is responsible for administration for such public lands. (3) The Replanting of Fl>'traps. All persons collecting flytraps from the wild are en-couraged to plant the seeds of collected plants, if any, in the immediate vicinity of where they are found. (d) Sale of fljlraps: No person may sell or of-fer for sale Venus Flytraps unless they have been lawfully collected, propagated from lawfully ob-tained stock plants or seed, or collected from one's own land. Statutory Authority G.S. 106-202.15. TITLE 13 - DEPARTMENT OF LABOR Statutory Authority G.S. 106-202.15. .0306 COLLECTION AND SALE OF VENLS FLYTRAP (a) Definitions: (1) Department. The North Carolina De-partment of Agriculture. (2) Flytrap, Venus Flytrap. Any plant of the species Dionaea muscipula including cut-tings, roots, fruits, seeds, propagules or any other plant part. ly otice is hereby given in accordance with G.S. ISOB- 1 2 that the Department of Labor intends to adopt rules cited as 13 NCAC 16 .010/ - .0/02. .020! - .0208, .030/ - .0303. I he proposed effective date of this action is June /, /99/. 1 he public hearing will be conducted at 2:00 p.m. on March 18, 1991 at the Third Floor Board 5:22 NORTH CAROLINA REGISTER February 15, 1991 1303 PROPOSED RULES Room, Education Building, 1 16 West Edenton Street, Raleigh, MC 27601. (^ omment Procedures: People wanting to pres-ent oral testimony at the hearing or who want to have written testimony read at the hearing should provide a written summary of the proposed testi-mony to the Department by March 13, 1991 . Oral presentations will be limited to 15 minutes each. Written statements not presented at the hearing will be accepted by the Department until March 18, 1991. All correspondence should be directed to Bobby Bryan, N.C. Department of Labor, 4 West Edenton Street, Raleigh, \C 27601. Inter-preters for hearing impaired will be made avail-able if requested, 24 hours in advance. CHAPTER 16 - MIGRANT HOUSING SECTION .0100 - GENERAL .0101 APPLICABILITY This particular chapter applies to the inspection and occupancy of all migrant housing within the scope of .Article 19 of Chapter 95 of the General Statutes. Statutory .-iuthority G.S. 95-224. .0102 FORMS The Department of I^bor wiD issue the foUow-ing migrant housing operator-related forms in connection with the preoccupancy inspection process: (1) A "postal card" requesting a preoccupancy inspection, to be completed by the migrant housing operator to notify the Department of the intent to house migrant workers. (2) A card from the Department of Labor in-dicating receipt of the "postal card" re-questing a preoccupancy inspection. (3) Ihe ".Migrant Housing Preoccupancy In-spection Sheet", to be completed by an in-spector and given to the migrant camp operator. This sheet indicates the cor-rections and modifications that need to be made, if any, to the housing in order for it to be in compliance with the Migrant Housing Act. (4) A "Migrant Housing Preoccupancy Abate-ment Notice" to be completed, signed and dated by the migrant housing operator, in-dicating that the items listed on the Migrant Housing Preoccupancy Inspection Sheet ha\e been corrected. This form wiU list each item and the action taken to make the cor-rection. (5) A "Housing Occupancy Certificate," which is to be issued to the migrant housing oper-ator when the housing is in full compliance. Statutory Authority G.S. 95-227; I50B-IL SECTION .0200 - INSPECTIONS .0201 CONDUCT OF PREOCCUPANCY INSPECTIONS (a) Upon the filing of an application for a pre-occupancy inspection by an operator, an in-spection shall be scheduled by the Department of Labor. Upon arriving at the migrant housing site. Department of Labor inspectors shall pres-ent their credentials to the operator or agent in charge of the housing, explain the nature and purpose of the inspection, and indicate generally the scope of the inspection. (b) Inspectors shall have authority to take photographs related to the purpose of the in-spection and employ other reasonable investi-gative techniques. (c) At the conclusion of an inspection, the in-spector shall confer with the migrant housing operator or his representative, and complete and leave with the migrant housing operator or his representative the "Migrant Housing Preoccu-pancy Inspection Sheet" in order to advise him of any apparent safety or health violations dis-closed by the inspection. During such confer-ence, the migrant housing operator shall be afforded an opportunity to bring to the attention of the inspector any pertinent information re-garding conditions in the housing. (d) A "Housing Occupancy Certificate" may, on occasion, be issued by the inspector on-site for housing which is in compliance and where water and sewage systems have been approved by the local health department. Statutory Authority G.S. 95-226. .0202 ABATEMENT NOTICES WTiere apparent safety and health violations are noted during a preoccupancy inspection, a comi-pleted ".Migrant Housing Preoccupancy Abate-ment Notice," signed and dated by the migrant housing operator, indicating that all needed cor-rections have been made, shall be submitted to the Department of I,abor before a certificate shall be issued. Statutory Authority G.S. 95-226. .0203 CERTIFICATION DENIED Following a preoccupancy inspection, a migrant housing operator shall not allow migrant housing to be occupied until any apparent safety and 1504 5:22 NORTH CAROLINA REGISTER February 15, 1991 PROPOSED RULES health violations are corrected and a certificate issued. Statutory Authority G.S. 95-226. .0204 CONTESTMENT OF DENIAL Any operator wishing to cbntest the Depart-ment's failure to issue a certificate may do so by fding a petition for a hearing in accordance with G.S. 150B. Statutory Authority G.S. 95-226; I50B-23. .0205 ISSLANCE OF CERTIFICATES A "housing certificate" shall be issued by the Department of Labor to the migrant housing operator when the migrant housing has been ap-proved and shall contain information indicating: (1) the name of the operator responsible for the housing; (2) the address of the housing; (3) the number of occupants allowed to in-habit the housing; (4) the expected dates of occupancy; (5) a description and number of the housing units; (6) the date certificate is issued; (7) the date of inspection; (8) any special housing conditions which may exist; (9) the expiration date of the certificate, which shall be December 3 1 of the year of the in-spection; (10) the relevant address of the Department of I^bor; and (11) the signature of the appropriate official. Statutory Authority G.S. 95-226. .0206 POSTING REQUIREMENTS When the housing has been certified to be in compliance with Article 19 of Chapter 95 of the General Statutes, each migrant housing operator shall notify all migrants by posting the "Housing Certificate(s)" in a place accessible to the migrants. Statutory Authority G.S. 95-/36; 95-226; 95-227. .0207 REPEAT PREOCCLPANCY VISITS A repeat visit may be conducted following the preoccupancy inspection to determine it defi-ciencies listed on the "Migrant Housing Preoc-cupancy Abatement Sheet" have been corrected. If the housing is occupied when this inspection is made, North Carolina Occupational Safety and Health enforcement procedures shall be followed. Statutory Authority G.S. 95-226; 95-227. .0208 ENFORCEIVIENT VISITS Enforcement visits shall be conducted in ac-cordance with North Carolina Occupational Safety and Health rules as found in 13 NCAC Chapter 7. Statutory Authority G.S. 95-227. SECTION .0300 - PROVISIONAL OCCUPANCY .0301 PROVISIONAL OCCUPANCY A migrant housing operator may allow migrant housing to be occupied on a provisional basis if the operator apphed for a preoccupancy in-spection at least 45 days prior to occupancy, the preoccupancy inspection was not conducted by the Department of Labor of North Carolina at least four days prior to the date specified on the "registration card" as the "arrival date", and the migrant housing operator possesses the card from the North CaroUna Department of Labor verify-ing that the "registration card" has been received. Statutory Authority G.S. 95-226. .0302 PROVISIONAL OCCUPANCY DENIED Provisional occupancy is not permitted if the water and sewage system for the housing has not been approved by the local health department. Any inspection of occupied housing in which water and sewage systems have not been ap-proved will constitute an Occupational Safety and Health enforcement inspection with the is-suance of appropriate citations and penalties. Statutory Authority G.S. 95-226; 95-227. .0303 INSPECTION OF PROVISIONALLY OCCUPIED HOUSING When an inspector makes a preoccupancy in-spection on housing occupied on a provisional basis, the inspector shall issue an on-site written notice to the migrant housing operator to correct any deficiencies within two days or the provi-sional occupancy will be revoked. Should the deficiencies not be corrected within two days, then appropriate Occupational Safety and Health penalties and citations wiU be assessed. Statutory .Authority G.S. 95-226. TITLE 15A - DEPART.MENT OF EMIRON.MENT, HEALTH, AND NATURAL RESOURCES 5:22 NORTH CAROLINA REGISTER February 15, 1991 1305 PROPOSED RULES iS otice is hereby given in accordance with G.S. ISOB- 1 2 thai the North Carolina Wildlife Re-sources Commission intends to amend rule(s) cited as ISA NCAC I OB .0115. 1 he proposed effective date of this action is June 1, 1991. 1 he public hearing will be conducted at 7:00 p.m. on March 19, 1991 at the Kernersville Public Library Auditorium, Kernersville, N.C. Co- 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 March 4, 1991 to April 3. 1991. Such written comments must be delivered or mailed to the N.C. Wildlife Resources Commission, SI2 N. Salisbury Street, Raleigh, SC 27604-1 ISS. CHAPTER 10 - WILDLIFE RESOURCES AND WATER SAFETY SUBCHAPTER lOB - HUNTING AND TRAPPING SECTION .0100 - GENERAL REGULATIONS .0115 SHINING LIGHTS IN DEER AREAS (c) No person shall, between the hours of one-half hour after sunset and one-half hour be-fore sunrise, intentionally shine a light upon a deer or intentionally sweep a light in search of deer in the indicated portions of the following counties; .Alamance -- entire county; Alexander -- entire county; Alleghany -- entire county; Anson -- entire county; Ashe -- entire county; Aver\' -- that portion south and east of Highway 221; Burke -- entire county; Cabarrus -- entire county; Caldwell -- entire county; Caswell -- entire county; Catawba -- entire county; Chatham -- entire county; Clay — entire county; Cleveland -- entire county; Cumberland -- entire county; Davidson — entire county; Davie -- entire county; Durham -- entire county; Edgecombe -- entire county; Fors\th Countv -_^ entire county; (21) (-3% Gaston -- entire county; 1) 2) 3) 4) 5) 6) 7) 8) 9) (10) (11) (12) (13) (14) {\^) (16) (17) (18) (19) 20) (22) (231 (241 (251 (261 (271 128) (29 Qli (321 133) IHl 135] tM (37) (38) [391 (40) till (421 (431 1441 145| 1461 (471 (481 (491 (501 (-344 Guilford -- entire county; (32^ Halifax -- entire county; (^34 Harnett -- entire county; (34^ Henderson -- entire county; f5^ Hyde — that part bounded on the north by a line running parallel with and 1000 yards in a northward direction from that part of SR 1304 that leads from Hodges' Fork to Rose Bay, on the east by the Mattamuskeet National Wildlife Refuge boundary, on the southeast by US 264, and on the west and southwest by a line running parallel with and 1000 yards in a west or southwest direction from the centerline of SR 1304; f3^ Iredell — entire county; ir¥f^ Johnston -- entire county; f5% Lee -- entire county; f3^ Lincoln -- entire county; (-^©4 McDowell -- entire county; f444 Mecklenburg -- entire county; (tW)' Mitchell -- entire county; (4^ Northampton -- entire county; (44-^ Person -- entire county; (4^ Polk -- entire county; f44> Randolph -- entire county; (45^ Robeson County — entire county; (4^ Rockingham -- entire county; (40^ Rowan -- entire county; f+&^ Rutherford -- entire county; f+44 Scotland -- that part lying west of US 401 north of Laurinburg and north of US 74 west of Laurinburg; (454 Stanly -- entire county; f44f Stokes -- entire county; ItAM Surry -- entire county; f44> Transylvania -- entire county; f44i L'nion -- entire county; f44^ Watauga -- entire county; (4^ Wilkes -- entire county; f4% Yadkin -- entire county; f44^ ^'ancey — entire county. Statutory A uthority S.L. I98I, Ch. 4/0; 1982), Ch. 1 180. G.S. 113-134; 113-291.1; S.L. 1981 (Second Session •k-k'k'k'k-k-k-k'k'k'k-k'k-k-k-k-^-k ly Otice is hereby given in accordance with G.S. 1SOB- 12 that the North Carolina Wildlife Re-sources Commission intends to adopt rule(s) cited as ISA NCAC IOK .0001 - .0002. J. he proposed effective date of this action is July 1, 1991. 1306 5:22 NORTH CAROLINA REGISTER February 15, 1991 PROPOSED RULES 1 he public hearing will be conducted at 10:00 a.m. on March 18, 1991 at Room 386, 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 March I, 1991 to April 2, 1991. Such written comments must be delivered or mailed to the N.C. Wildlife Resources Commission, 512 N. Salisbury Street, Raleigh, NC 27604-1 188. SUBCHAPTER lOK - HUNTER SAFETY COURSE .0001 COURSE REQUIREMENTS (a) The hunter safety course shall provide a minimum of ten hours of classroom instruction. (b) Of the ten hours of instruction required by Paragraph (a) of this Rule, 60 percent of the time shall be devoted to instruction related to the safe handling of frrearms. The remaining four hours shall include instruction on hunter responsibility (ethics), wildlife conservation and wOdlife man-agement, wildlife identification, game care, spe-cialty hunting, survival and first aid, water safety, and special concerns (alcohol and drugs, turkey hunting, trapping, all terrain vehicles, hunting dogs). (c) The hunter safety course shall be taught by an instructor certified by the North Carolina WUdlife Resources Commission. (d) ITie foUowLng requirements must be satis-fied by the course participant in order to suc-cessfully complete a hunter safety course and be entitled to the issuance of a Certificate of Com-petency: (1) attain the age of 12; (2) attend all ten hours of the instruction; (3) score a minimum of 70 percent on the fmal written examination; and (4) demonstrate to the satisfaction of the in-structor that the participant has achieved an appropriate level of competency and safety in the handling of firearms. Statutory Authority G.S. 113-134; 1 13-270. 1A. .0002 ISSUANCE OF CERTIFICATE OF COMPETENCY (a) Upon the conclusion of a hunter safety course, the instructor shall complete a card for each participant who successfully completed the course in accordance with 15A NCAC lOK .0001 and forward the card to the North Carolina Wildlife Resources Commission for processing. (b) Within a reasonable time after receiving the completed card referred to in Paragraph (a) of this Rule, the Commission shall issue a Certif-icate of Competency to the participant success-fuUy completing the course. This certificate shall include: (1) A certification number; (2) The participant's name, address and date of birth; (3) The hunter safety course instructor's name; and (4) Course completion date. (c) The Commission shall maintain permanent files of all successful participants in hunter safety courses who were issued a certificate of compe-tency. Duplicate certificates may be obtained from the Commission upon payment of two dollars ($2.00) per copy to cover the cost of du-plication. Statutory 113-270. lA. Authority G.S. 12-3.1; 113-134; 5:22 NORTH CAROLINA REGISTER February 15, 1991 1307 FINAL RULES 1 he List of Rules Codified is a listing ofrules that were filed to be effective in the month indicated. ixules filed for publication in the NCAC may not be identical to the proposed text published pre-viously in the Register. Rules filed with changes are noted with ** Amended, ** Adopted. Please contact this office ifyou have any questions. /± dopted 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. J508, Article 2 requiring publication in the N.C. Register ofproposed rules. LJpon request from the adopting agency, the text of rules will be published in this section. 1 unctuation, typographical and technical changes to rules are incorporated into the List of Rules Codified and are noted as * Correction. These changes do not change the effective date of the rule. NORTH CAROLINA AD.MINISTRATI\ E CODE LIST OF RULES CODIFIED FEBRUARY 1991 AGENCY ACTION TAKEN DKPAR1MENT OF AOMIMSTRA I ION 1 NCAC 6 .0106 Amended DEPARTMENT OF AGRICM.Tl RR 2 NCAC 34 .0305 Correction DEPARTMENT OF ECONOMIC AND COMMIMTY DEVELOPMENT 4 NCAC 7 .0504 Repealed .0506 - .0509 Repealed .0510 Amended .0511 - .0516 Repealed 18 .0309 * Correction OFFICES OF THE GOVERNOR/I lEt TENANT GOVERNOR 9 NCAC 2B Fxecutive Order Number 129 Eff. December 14, 1990 Executive Order Number 130 Eff. January 9, 1991 DEPARTMENT OF HIMAN RESOLRCES 10 NCAC 3V .0303 ** Adopted ** Amended Repealed ** Amended 1308 5:22 NORTH CAROLL^A REGISTER February 15, 1991 14K .0103 .0311 .0327 FINAL RULES .0330 - .0332 Repealed 14M .0101 Amended .0401 Amended 14N .0701 Amended .0702 Repealed .0703 Amended .0901 - .0903 Adopted .0904 Adopted .0905 Adopted 14P .0101 - .0102 + Adopted 14Q .0101 - .0104 Adopted .0201 - .0204 Adopted .0301 - .0306 Adopted 14R .0101 - .0107 Adopted .0201 Adopted .0301 - .0303 Adopted 14S .0101 - .0106 Adopted 18D .0117 Amended .01 18 -.01 19 Amended .0121 Amended .0208 Amended .02 16 -.02 17 Adopted 18L .0433 Adopted .0434 Adopted 18M .0801 - .0802 Amended .0817 Adopted .0822 Repealed .0825 - .0838 Adopted 18Q .0713 Amended .0812 Amended 26B .0111 Amended 26H .0202 Amended 48 Transferred and Recodified to 15A NCAC 14 DEPARTMENT OF INSl R.WCE .0501 .0505 .0507 - .0508 .0509 - .0510 .0601 .0602 .0605 .0701 .0706 .0701 .0801 .0901 .1001 .1106 .1601 - .1604 .0834 .0902 - .0903 .0905 - .0906 .0907 - .0908 .0909 - .0910 .0911 - .0912 Eff. December 20, 1990 11 NCAC 8 Repealed Amended Amended Repealed Repealed Amended Amended Repealed Amended 10 Amended Amended Amended Amended Amended Adopted 12 Adopted Adopted Adopted Adopted Adopted Adopted 5:22 NORTH CAROLINA REGISTER February 15, 1991 1309 FINAL RULES .0913- .0914 .0915 .0916- .0917 .1016 14 .0308 DEPARTMENT OF JLSTICE 12 NCAC 9B .0104 .0205 .0212- .0214 .0226 - .0227 .0310 9C .0308 .0601 lOB .0502 DEPARTMENT OF LABOR Adopted Adopted ** Adopted ** Adopted Temp. Adopted Expires 06-15-91 Amended Amended Amended Amended Amended Amended Amended Amended 13 NCAC 7C .0101 - .0102 Amended DEPARTMENT OF CRIME CONTROL AND PLBLIC SAFETY 14A NCAC 9H .0402 .0704 Amended Amended DEPARTMENT OF ENVIRONMENT, HEALTH, .\ND N.\TLRAL RESOURCES 15A NCAC 2K .0104 .0222 - .0223 2N .0203 31 .0007 3J .0104 3J .0301 3K .0100 .0501 3L .0202 30 .0101 .0203 3Q .0202 3R .0003 .0007 .0010 4A .0005 4B .0027 - .0028 53 .0012 13A .0009 .0010 .0012 138 .0101 - .0103 .0201 - .0202 .0203 .0301 .0401 .0503 .0504 .0506 * Correction * Correction Temp. ^Amended Expires 07-06-91 * Correction ** Adopted * Correction * Correction * Correction Adopted * Correction * Correction ** Adopted * Correction * Correction * Correction * Correction * Correction * Correction ** Amended Amended Amended * Amended ** Amended Amended Amended Amended ** Amended Amended Amended BIO 5:22 NORTH CAROLINA REGISTER February 15, 1991 FINAL RULES .0508 .0901 - .0905 16A .0801 - .0810 17 soc 18A .1935 .1954 19A .0201 20A .0006 21B .0301 - .0306 24A .0202 .0303 24B .0001 .0004 DEPARTMENT OF REVENLE 17 NCAC 6B .0106- .0107 .0111 - .0112 .0117 .0610 - .0611 .3203 .3402 - .3403 .3513 .3804 .3904 .4006 .4008 .4103 .4105 6C .0202 - .0204 8 .0403 - .0504 .0404 .0604 - .0605 SECRETARY OF STATE 18 NCAC 4 .0101 - .0102 .0205 - .0206 .0301 .0302 - .0303 .0305 - .0308 .0310 .0311 - .0315 .0316 .0401 .0402 .0501 .0502 .0314 .0503 - .0504 6 .1202 .1210 DEPARTMENT OF TRANSPORTATION 19A NCAC 3J .0102 .0201 Amended ** Adopted Temp. Adopted Expires 07-06-91 * Correction * Correction * Correction Temp. Amended Expires 07-06-91 Amended ** Amended Amended ** Amended * Correction * Correction Amended Amended Amended Adopted Amended Amended Amended Amended Amended Amended Adopted * Correction * Correction Amended Amended Amended Amended Amended Amended Repealed Amended Amended Repealed Amended Repealed * Adopted ** Amended Amended Amended ** Amended Amended Amended Adopted Amended Amended 5:22 NORTH CAROLINA REGISTER February 15, 1991 1311 FINAL RULES .0204 .0303 .0308 .0601 .0701 BOARD OF MEDICAL EXAMINERS Amended Amended Amended Amended Amended 21 NCAC 32L .0001 .0005 .0009 32M .0006 - .0007 Temp. Amended Expires 05-01-91 Temp. Amended Expires 05-01-91 Temp. Amended Expires 05-01-91 ** Adopted BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS 21 NCAC 37 BOARD OF PHARMACY .0208 .0211 .0301 .0302 .0303 .0304 .0402 .0404 - .0405 .0502 .0505 .0507 .0508 - .0509 .0512 .0513 .0517 .0518 .0519 .0904 .0906 .0912 .1004 ** Amended ** Amended Amended ** Amended Amended ** Amended Amended Amended ** Amended Amended Amended ** Amended Amended Repealed Amended Repealed ** Amended ** Amended ** Amended ** Amended Repealed 21 NCAC 46 .1912 -.1913 Adopted BOARD OF EXAMINERS OF PLUMBING AND HEATING CONTRACTORS 21 NCAC 50 .0408 .1201 .1202- .1203 .1204- .1206 .1207 .1301 - .1305 REAL ESTATE COMMISSION 21 NCAC 58A .0301 .0503 .0505 58C .0302 Amended Adopted * * Adopted Adopted + * Adopted Adopted Amended Amended Amended Amended 1512 5:22 NORTH CAROLINA REGISTER February 15, 1991 FINAL RULES .0308 Amended 58D .0302 Amended .0402 Amended .0406 Amended .0408 - .0409 Amended 5:22 NORTH CAROLINA REGISTER February 15, 1991 I3I3 ARRC OBJECTIONS Tkhe Administrative Rules Review Commission (ARRC) objected to the following rules in accord-ance with G.S. 143B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. l43B-30.2(d). ECONOMIC AND COMMLAITY DE\ ELOPMENT Hazardous Waste Management Commission 4 SCAC 18 .0309 - Final Site ENA IRONMENT, HEALTH, AND NATURAL RESOURCES Adult Health 15A .\CA C I6A .0804 - Financial Eligibility ISA .\CAC I6A .0806 - Billing the HIV Health Services Program Coastal Management J5A .\CAC 7J .0409 - Ci\il Penalties ISA SCAC '7J .1109 - Permit Fee Environmental Health 15A SC.-IC 18C .0102 - Definitions ISA SCA C 18C . IS32 - Variances and Exemptions ISA \C.4C 18C .1S34 - Max Contaminant Levels for Coliform Bacteria ISA .\CAC ISC .2001 - General Requirements ISA .\CAC 18C .2002 - Disinfection ISA .\CAC 18C .2003 - Filtration 1S.4 .\C.4C ISC .2004 - Analytical and .Monitoring Requirements IS.4 .\C.4C ISC .2003 - Criteria for Avoiding Filtration Marine Fisheries ISA .\CAC3C .0311 - Cancellation Agency Re\-ised Rule ISA SCAC 30 .0203 - Shellfish Lease Application Processing .4gency Rexised Rule \\ildLife Resources Commission ISA .XCAC lOH .0302 - Minimum Standards Agency Revised Rule ARRC Objection F18;9J ARRC Objection J; 18 91 ARRC Objection LIS 91 ARRC Objection L 18.91 ARRC Objection 1; 18:91 ARRC ARRC ARRC ARRC ARRC ARRC ARRC ARRC Objection 10 Objection 10 Objection 10 Objection 10 Objection 10 Objection 10 Objection 10 Objection 10 IS 90 IS 90 18 90 18 90 18 90 18 90 IS 90 18. 90 ARRC Objection 9 20 90 Obj. Removed 10 18 90 ARRC Objection 8 16 90 Obj. Removed 9,20 90 ARRC Objection 9 20 90 Obj. Removed 10 18.90 1314 5:22 NORTH CAROLINA REGISTER February 15, 1991 ARRC OBJECTIONS HUMAN RESOURCES Facility Services W NCAC 3V .0303 - Insurance Required Individual and Family Support 10 NCAC 42B .1201 - Personnel Requirements 10 NCAC 42C .2001 - Qualifications of Administrator 10 NCAC 42C .2002 - Qualifications of Supervisor-in-Charge 10 NCAC 42C .2006 - Qualifications of Activities Coordinator 10 NCAC42C .3301 - Existing Building JO NCAC 42D .1401 - Qualifications of Administrator/ Co-Administrator INSURANCE Life: Accident and Health Division // NC.4C 12 .0904 - Requirements for Utilization Review Agency Re\'ised Rule LICENSING BOARDS AND COMMISSIONS Medical Examiners 21 NCAC 32M .0007 - Termination ofNP Approval Nursing, Board of 21 NCAC 36 .0217 - Revocation, Suspension, or Denial of License No Response from Agency 21 NCAC 36 .0504 - Certificate of Registration 21 NCAC 36 .0505 - General and Administrative Provisions 21 NCAC 36 .0507 - Fees Physical Therapy 21 NCAC 48C .0102 - Responsibilities Agency Returned Rule Unchanged 2! NCAC48C .0501 - Exemption for Students Agency Returned Rule Unchanged Plumbing and Heating Contractors 21 NCAC 50 .1203 - Disposition of Petitions 21 NCAC 50 .1207 - Request to Participate SECRETARY OE STATE ARRC Objection 11/14/90 ARRC ARRC ARRC ARRC ARRC ARRC Objection Objection Objection Objection Objection Objection 1/18/91 1/18/91 1/18/91 1/18/91 11/14/90 11/14/90 ARRC Objection 12/20/90 Obj. Removed 1/18/91 ARRC Objection 11/14/90 ARRC Objection 12/20/90 1/18/91 ARRC Objection 1/18/91 ARRC Objection 1/18/91 ARRC Objection 1/18/91 ARRC Objection 9/20/90 No Action 10/18/90 ARRC Objection 9/20/90 No Action 10/18/90 ARRC Objection 11/14/90 ARRC Objection 11/14/90 Securities Division 18 NCAC 6 .1210 - Securities Exchgs/Autod Quot. Sys. Approved/Admin Agency Responded to Objection ARRC Objection 12/20/90 No Action 1/18/91 :):J77 NORTH CAROLINA REGISTER Eebruaiy 15, 1 99 1 1315 ARRC OBJECTIONS STATE PERSOVSFX 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC 25 NCAC Agency 25 NCAC 25 NCAC 25 NCAC Agency IB IB IB IB IB IB IB IB IB IB IB IB IB IB 0/07 0/08 0/09 Olio Olll 0/12 0/13 0/14 0/15 0/16 .0117 0118 01/9 .0120 IVididrew ID .0509 IL .0201 IL .0202 W'it/idrew Personnel Commission Meetings ARRC Objection 9/20/90 Commission Staff ARRC Objection 9/20/90 Commission Actions ARRC Objection 9/20190 Motions ARRC Objection 9/20/90 Voting ARRC Objection 9/20/90 Abstention ARRC Objection 9/20/90 Duties of the C/iairman ARRC Objection 9/20/90 Order of Business ARRC Objection 9/20/90 Special Meetings ARRC Objection 9/20/90 Duties of Chairman Between Meetings of the Comm ARRC Objection 9/20/90 Standing/ Special Committees ARRC Objection 9/20/90 Minutes ARRC Objection 9/20/90 Notice of Commission Action ARRC Objection 9/20/90 Appointment of Vice-Chairman ARRC Objection 9/20/90 Rules .0107 - .0120 10/18/90 - Severance Salary Continuation ARRC Objection I/I8/9I Purpose ARRC Objection 9/20/90 Policy ARRC Objection 9/20/90 Rules .0201 - .0202 10/18/90 1316 5:22 NORTH CAROLINA REGISTER February 15, 1991 RULES INVALIDA TED BY JUDICIAL DECISION 1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, Court of Appeals, Superior Court (when available), and the Office ofAdministrative Hearings which invalidate a rule in the North Carolina Administrative Code. 10 i\CAC IB .0202(c) - REQUEST FOR DETERMINA TION Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 NCAC IB .0202(c) void as applied in New Hanover Memorial Hospital, Inc., Petitioner v. N.C. Department of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 DIIR 0792). 10 NCAC IB .0202(c) - REQUEST FOR DETERMINA TION Brenda B. Becton, Administrative I^w Judge with the Office of Administrative Hearings, declared Rule 10 NCAC IB .0202(c) void as applied in High Point Regional Hospital, Inc., Petitioner v. Department of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 DHR 0770). 10 NCAC 3R .0317(g) - WITHDRAWAL OF A CERTIFICATE Robert Roosevelt Reilly, Jr., Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General Partnership. Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90 DHR 0296). 10 NCAC 3R .0317(g) - WITHDRA WAL OF CERTIFICA TE Michael Rivers Morgan, Administrative Law Judge with the Office of Administrative Hearings, de-clared Rule 10 NCAC 3R .0317(g) void as applied in Autumn Corporation, Petitioner v. N.C. Depart-ment of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 DHR 0321 and 90 DHR 0318). 10 NCAC 261 .0101 - PURPOSE: SCOPE/NOTICE OF CHANGE IN LEVEL OF CARE 10 NCAC 261 .0102 - REQUESTS FOR RECONSIDERA TION AND RECIPIENT APPEALS 10 NCAC 261 .0104 - FORMAL APPEALS Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rules 10 NCAC 261 .0101, 10 NCAC 261 .0102 and 10 NCAC 261 .0104 void as apphed m Linda Allred, Petitioner v. North Carolina Department of Human Resources, Division of Medical Assistance, Re-spondent (90 DHR 0940). 10 NCAC 42W .0003(c) - COUNTY DEPT OF SOCIAL SERVICES RESPONSIBILITIES 10 NCAC 42W .0005 - REPORTING CASES OF RAPE AND INCEST The North CaroUna Court of Appeals, per Judge Robert F. Orr, declared Rules 10 NCAC 42W .0003(c) and 10 NCAC 42W .0005 void as applied m Rankin Whittington, Daniel C. Hudgins, Dr. Takey Crist, Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte, Inc., Plaintiffs v. The North Carolina Department of Human Resources, Da\'id Flaherty, in his capacity as Secretary of the North CaroUna Department of Human Resources, The North Carolina Social Services Commission, and C. Bany McCartv, in his capacity as Chairperson of the North Carolina Social Services Commission, De-fendants 1 100 N.C. App. 603 (398 S.E.2d 40) (1990)). 5:22 NORTH CAROLINA REGISTER February 15,1991 1317 .\OR TH CAROL[i\A ADMIMSTRA THE CODE CLASSIFICA TION SYSTEM The Sorlh Carolina Administrative Code ^SCAC) has four major subdivisions of rules. Two of these, titles and chapters, are mandatory. The major subdivision of the XCA C is the title. Each major department in the Xorth Carolina executive branch of government has been as-signed a title number. Titles are further broken down into chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions to be used by-agencies when appropriate. TITLE/MAJOR DIMSIONS OF THE NORTH CAROLESA ADMIMSTRATn E CODE ITLE DEPARTMENT LICENSING BOARDS CHAPTER 1 Administration .Architecture 2 2 Agriculture Auctioneers 4 3 Auditor Barber Examiners 6 4 Economic and Community Certified Public Accountant Examiners 8 Development Chiropractic Examiners 10 5 Correction General Contractors 12 6 Council of State Cosmetic .Art Examiners 14 7 Cultural Resources Dental Examiners 16 8 Elections Electrical Contractors 18 9 Governor Foresters 20 10 Human Resources Geologists 21 11 Insurance I learing .Aid Dealers and Fitters 22 12 Justice Landscape .Architects 26 13 Labor Landscape Contractors 28 14A Crime Control and Public Safety Marital & Family Therapy 31 15A Environment. Health, and Natural Medical Examiners 32 Resources Midwilen,- Jomt Committee 33 16 Public Education Mortuar>- Science 34 17 Revenue Nursing 36 18 Secretary of State Nursing Home Administrators 37 19A Transportation Occupational Therapists 38 20 Treasurer Opticians 40 *21 Occupational Licensing Boards Optometp,' 42 22 Administrati\e Procedures Osteopathic Examination and 44 23 Community Colleges Registration 24 Independent Agencies Pharmacy 46 25 State Personnel Physical Therapy Examiners 48 26 Administrati\'e Hearings Plumbing and Heating Contractors 50 Podiatp,' Examiners 52 Practicing Counselors 53 Practicing Psychologists 54 Professional Engineers and Land Sur\'eyors 56 Real Estate Commission 58 Refrigeration Examiners 60 Sanitarian Examiners 62 Social Work 63 Speech and Language Patholo^sts and 64 .Audiologists \'eterinan- Medical Board 66 Note: Title 21 contains the chapters of the various occupational licensing boards. 13 IS 5:22 NORTH CAROLINA REGISTER February 15, 1991 CUMULA TIVE INDEX CUMULA TIVE INDEX (April 1990 - March 1991) 1990 - 1991 Pages AO - Administrative Order AG - Attorney General's Opinions C - Correction FR - Final Rule GS - General Statute JO - Judicial Orders or Decision M - Miscellaneous \P - Notice of Petitions PR - Proposed Rule SO - Statements of Organization TR - Temporary' Rule ADMIMSIRATION Aux.iLiar>' Ser\'ices, 860 PR State Property and Construction, 41! PR ADMINISTRAXrV E HEARINGS Rules Division, 792 PR AGRICULTURE Markets, 737 PR Issue 1 - 151 1 - April 152 - 235 2 - April 236 - 285 3 - May 286 - 312 4 - May 313 - 407 5 - June 408 - 473 6 - June 474 - 513 7 - July 514 - 603 8 - July 604 - 635 9 - August 636 - 723 10 - August 724 - 791 11 - September 792 - 859 12 - September 860 - 895 13 - October 896 - 956 14 - October 957 - 1009 15 - November 1010 - 1059 16 - November 1060 - 1106 17 - December 1107 - 1176 18 - December 1177 - 1214 19 - January 1215 - 1244 20 - January 1245 - 1302 21 - February 1303 - 1322 22 - February 5:22 NORTH CAROLINA REGISTER February 15, 1991 1319 CUMULA TIVE INDEX Plant Conservation Board, 1 PR, 1303 PR Plant Industr>', 739 PR, 1248 PR State Pair, 737 PR, 1248 PR Structural Pest Control Committee, 7 PR CO.MMLAITY COLLEGES Community Colleges, Department of, 1031 PR CORRECTION Division of Pnsons, 762 FR, 867 FR, 938 PR, 1035 FR, 1274 FR CRIME CONTROL AND PI BLIC SAFETY State Highway Patrol, 53 PR, 804 PR Butncr Public Safety Division, 419 PR ECONOMIC AND COMMLAITY DEVELOPMENT Banking Commission, 16 PR, 1062 PR, 1108 PR Communitv Assistance, 25 PR, 317 PR, 1110 PR Credit Union, 317 PR, 860 PR, 1251 PR Fnerg\' Division, 1013 PR Hazardous Waste Management, 742 PR, 1 109 PR Milk Commission, 24 PR, 741 PR ENMRONMENT, HEALTH, AND NATURAL RESOURCES Coastal Management, 136 PR, 292 PR, 707 PR, 979 PR, 1271 PR Envu-onmental Management, 54 PR, 193 PR, 420 PR, 542 PR, 706 PR, 744 PR, 912 PR, 1019 PR, 1121 PR, 1185 PR Health Services, 190 PR, 565 PR, 816 PR, 860 PR, 1123 PR, 1188 PR Land Resources, 744 PR Marine Fishenes, 63 PR, 484 PR, 805 PR State Registrar, 1221 PR Wastewater Treatment Plant Operators Certification Commission, 551 PR Water Treatment FaciJitv Operators Board of Certification, 621 PR, 983 PR, 1272 PR Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438PR, 563 PR, 748 PR, 815 PR, 924 PR, 1020 PR, 1074 PR, 1186 PR, 1220 PR, 1305 PR FINAL DECISION LEITERS Voting Rights Act, 241, 286, 316, 605, 638, 792, 957, 1011, 1061, 1107, 1246 FINAL RULES List of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR, 710 FR,842 FR, 944 FR, 1047 FR, 1166 FR, 1230 FR, 1308 FR GOVERNOR/LT. GOVERNOR Fxecutive Orders, 236, 313, 408, 474, 514, 604, 636, 724, 896, 1010, 1060, 1245 HUMAN RESOURCES Aeine, Division of 704 PR Drug^Commission, 870 FR, 939 FR Facilitv Ser\iccs, 516 PR, 702 PR, 958 PR, 1116 PR, 1216 PR, 1251 PR Health Services, 152 PR, 245 PR Medical Assistance, 191 PR, 911 PR, 1018 PR Mental Health, Developmental Disabilities and Substance Abuse Ser%'ices, 29 PR, 318 PR, 475 PR, 898 PR, 1219 PR Services for the Blmd, 412 PR Services for the Deal' and the Hard of Hearing, 1065 PR Social Services, 247 PR, 607 PR, 976 PR, 1262 PR Water Treatment Facility Operators Board of Certification, 27 PR Youth Services, 261 PR, 1268 PR mo 5:22 ISORTH CAROLINA REGISTER February' 15, 1991 CUMULA TIVE INDEX INSURANCE Actuarial Services Division, 480 PR Admission Requirements, 1220 PR Agent Sendees Division, 321 PR, 520 PR Engineering and Building Codes, 793 PR Financial Evaluation Division, 342 PR, 525 PR Eire and Casualty Division, 335 PR, 478 PR, 796 PR Eife: Accident and Health, 264 PR, 287 PR, 529 PR, 798 PR Medical Database Commission, 1120 PR JUSTICE Attorney General, Office of the, 192 PR, 273 PR CriminaJ Justice Education and Training Standards Commission, 704 PR, 1178 PR Sheriffs' Standards Division, 608 PR LABOR Migrant Housing, 1303 PR LICENSING BOARDS /Vrchitecture, Board of 1 162 PR Auctioneers Commission, 1093 PR Certified Public Accountant Examiners, 983 PR Cosmetic Art Examiners, Board of 355 PR, 708 PR, 927 PR Dental Examiners, Board of 1 196 PR Electrical Contractors, Board of Examiners of, 356 PR Landscape Architects, Board of 1273 PR \Tedical Examiners, Board of 207 PR, 838 PR, 862 PR, 1222 PR Midwifer>' Joint Committee, 994 PR Mortuary Science, Board of 749 PR Nursing,' Board of 300 PR, 496 PR, 994 PR, 1096 PR, 1199 PR Nursing Home Administrators, Board of 750 PR, 1203 PR Pharmacy, Board of 1031 PR Physical Therapy Examiners, Board of 443 PR Plumbing and Heating Contractors, Examiners, 621 PR, 1204 PR Practicing Psychologists, Board of 755 PR Real Estate Comimssion, 625 PR, 863 PR NOTICE OAH, Change of Address, 1215 NOTICE OE PEIITION Municipal Incorporation, 1177 PUBLIC EDUCATION Elementary and Secondary, 141 PR, 275 PR, 351 PR, 1028 PR, 1160 PR REVENIE lndividu.d Income Tax, 359 FR, 1036 FR, 1277 FR Intangibles Tax Division, 1226 FR License and Excise Tax Division, 445 FR Sales and Use Tax, 213 FR, 453 FR, 872 FR SECRETARY OF STATE Corporations Division, 489 PR Securities Division, 293 PR, 495 PR, 927 PR, 1029 PR STATE PERSONN,EL State Personnel Commission, 277 PR, 500 PR, 756 PR, 996 PR, 1206 PR 5:22 NORTH CAROLINA REGISTER February 15, 1991 1321 CVMULA TIVE INDEX STATE TREASURER Department Rules, 352 PR Local Government Commission, 352 PR, 442 PR, 1195 PR Solid Waste Management Capital Projects Financing Agency, 354 PR STATEMENTS OF ORGANIZATION Statements of Organization, 639 SO TRANSPORTATION Highways, Division of, 765 FR, 883 FR, 1038 FR, Motor Vehicles, Division of, 222 FR, 773 FR, 943 FR, 1290 FR 1322 5:22 NORTH CAROLINA REGISTER February 15, 1991 NORTH CAROLINA ADMINISTRATIVE CODE The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly with replacement pages. A one year subscription to the full publication including supplements can be purchasedfor se\'en hundred andfifty dollars ($750.00). Individual volumes may also be purchased with supplement service. Renewal subscriptions for supplements to the initial publication are available at one-half the new subscription price. 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