Generated 10/21/2018 at 5:58 AM
Commission Review
Log of Permanent Rule Filings
January 21, 2009 through February 20, 2009
Administration, Department of
The rules in Subchapter 43A concern state surplus property including general provisions (.0100); state surplus property (.0200); and disposal of surplus property (.0300).
Definitions
Amend
01 NCAC 43A .0102
Sensitive and Confidential Data
Adopt
01 NCAC 43A .0201
Compressed Gases, Flammable, Nuclear, Chemical, Biologica...
Adopt
01 NCAC 43A .0202
Order of Priority in Disposition
Amend
01 NCAC 43A .0304
Pesticide Board
The rules in Chapter 9 are from the Food and Drug Protection Division of the Department of Agriculture and Consumer Services. The rules in Subchapter 9L are from the N.C. Pesticide Board and include organizational rules (.0100); registration (.0300); samples and submissions (.0400); pesticide licenses (.0500); pesticide and pesticide container disposal (.0600); declaration of pests and restrictions on their control (.0700); bulk distribution of pesticides (.0800); aerial application of pesticides (.1000); private pesticide applicator certification (.1100); arsenic trioxide (.1200); availability of restricted use pesticides (.1300); ground application of pesticides (.1400); worker protection standards for agricultural pesticides (.1800); pesticide storage (.1900); chemigation (any process whereby pesticides are applied to land, crops, or plants using an irrigation system) (.2000); hearing rules of the North Carolina pesticide board (.2100); and interim protection measures for the Carolina heelsplitter mussel (.2200).
Proprietorship
Repeal
02 NCAC 09L .0801
Notification Prior to Delivery
Repeal
02 NCAC 09L .0802
Storage Tank Specifications
Repeal
02 NCAC 09L .0803
Labeling Requirements
Repeal
02 NCAC 09L .0804
Record Requirements
Repeal
02 NCAC 09L .0805
Location Requirements
Repeal
02 NCAC 09L .0806
Safety Requirements
Repeal
02 NCAC 09L .0807
Notification of Storage Tank Requirements
Repeal
02 NCAC 09L .0808
Compliance Requirements
Repeal
02 NCAC 09L .0809
Adoption by Reference
Adopt
02 NCAC 09L .0810
General Requirements
Amend
02 NCAC 09L .1002
Record Keeping Requirements
Amend
02 NCAC 09L .1402
Specific Information About Applications
Adopt
02 NCAC 09L .1807
Definitions
Amend
02 NCAC 09L .1901
Bulk Storage Requirements
Adopt
02 NCAC 09L .1914
Criminal Justice Education and Training Standards Commission
The rules in Chapter 9 are from the Criminal Justice Education and Training Standards Commission. This Commission has primary responsibility for setting statewide education, training, employment, and retention standards for criminal justice personnel (not including sheriffs). The rules in Subchapter 9A cover the Commission organization and procedure (.0100) and enforcement of the rules (.0200).
Rule-Making and Administrative Hearing Procedures
Amend
12 NCAC 09A .0107
Suspension: Denial: or Revocation of Certification
Amend
12 NCAC 09A .0204
The rules in Chapter 9 are from the Criminal Justice Education and Training Standards Commission. This Commission has primary responsibility for setting statewide education, training, employment, and retention standards for criminal justice personnel (not including sheriffs). The rules in Subchapter 9B cover minimum standards for: employment (.0100); schools and training programs (.0200); criminal justice instructors (.0300); completion of training (.0400); school directors (.0500); and certification of post-secondary criminal justice education programs (.0600).
Minimum Standards for Law Enforcement Officers
Amend
12 NCAC 09B .0111
Responsibilities of the School Director
Amend
12 NCAC 09B .0202
Basic Law Enforcement Training
Amend
12 NCAC 09B .0205
Certification of Instructors
Amend
12 NCAC 09B .0301
Specialized Instructor Certification
Amend
12 NCAC 09B .0304
Terms and Conditions of School Director Certification
Amend
12 NCAC 09B .0502
The rules in Subchapter 9C concern the administration of criminal justice education and training standards including responsibilities of the criminal justice standards division (.0100); forms (.0200); certification of criminal justice officers (.0300); accreditation of criminal justice schools and training courses (.0400); minimum standards for accreditation of associate of applied science degree programs incorporating basic law enforcement training (.0500); and equipment and procedures (.0600).
Lateral Transfer of Law Enforcement Officers
Amend
12 NCAC 09C .0306
Agency Reporting of Drug Screening Results
Amend
12 NCAC 09C .0310
The rules in Chapter 9 are from the Criminal Justice Education and Training Standards Commission. The rules in Subchapter 9E relate to the law enforcement officers' in-service training program.
Required Annual In-Service Training Topics
Amend
12 NCAC 09E .0102
Minimum Training Specifications: Annual In-Service Training
Amend
12 NCAC 09E .0105
The rules in Subchapter 9G are the standards for correction including scope, applicability and definitions (.0100); minimum standards for certification of correctional officers, probation/parole officers, and probation/parole officers-intermediate (.0200); certification of correctional officers, probation/parole officers, probation/parole officers intermediate and instructors (.0300); minimum standards for training of correctional officers, probation/parole officers, and probation/parole officers-intermediate (.0400); enforcement of rules (.0500); professional certification program (.0600); and forms (.0700).
Definitions
Amend
12 NCAC 09G .0102
Physical and Mental Standards
Amend
12 NCAC 09G .0205
Moral Character
Amend
12 NCAC 09G .0206
Suspension: Revocation: or Denial of Certification
Amend
12 NCAC 09G .0504
The rules in Subchapter 9H concern the firearms qualification certification program for qualified retired law enforcement officers.
Purpose
Adopt
12 NCAC 09H .0101
Minimum Training Specifications
Adopt
12 NCAC 09H .0102
Instructors
Adopt
12 NCAC 09H .0103
Sanctions
Adopt
12 NCAC 09H .0104
Filing and Fees
Adopt
12 NCAC 09H .0105
Labor, Department of
The rules in Chapter 7 are from the Commissioner of Labor and cover the Occupational and Safety Health Act (OSHA). The rules in Subchapter 7F cover specific OSHA standards for various industries: general (.0100); construction (.0200); agriculture (.0300); shops fabricating structural steel and steel plate (.0400); maritime (.0500); communication towers (.0600); blasting and use of explosives (.0700); and cranes and derricks standards (.0900).
Scope
Adopt
13 NCAC 07F .0901
Incorporation by Reference
Adopt
13 NCAC 07F .0902
Definitions
Adopt
13 NCAC 07F .0903
Operator Qualification and Certification
Adopt
13 NCAC 07F .0904
Signal Person Qualification
Adopt
13 NCAC 07F .0905
Maintenance and Repair Employee Qualification
Adopt
13 NCAC 07F .0906
Training
Adopt
13 NCAC 07F .0907
Fall Protection
Adopt
13 NCAC 07F .0908
Design, Construction and Testing
Adopt
13 NCAC 07F .0909
Equipment With a Rated Hosting/Lifting Capacity of 2,000 ...
Adopt
13 NCAC 07F .0910
Equipment Modifications
Adopt
13 NCAC 07F .0911
Assembly and Disassembly of Equipment
Adopt
13 NCAC 07F .0912
Power Line Safety
Adopt
13 NCAC 07F .0913
Wire Rope
Adopt
13 NCAC 07F .0914
Inspections
Adopt
13 NCAC 07F .0915
Operation of Equipment
Adopt
13 NCAC 07F .0916
Operational Aids
Adopt
13 NCAC 07F .0917
Safety Devices
Adopt
13 NCAC 07F .0918
Signals
Adopt
13 NCAC 07F .0919
Hoisting Personnel
Adopt
13 NCAC 07F .0920
Tower Cranes
Adopt
13 NCAC 07F .0921
Derricks
Adopt
13 NCAC 07F .0922
Floating Cranes/Derricks and Land Cranes/Derricks on Barges
Adopt
13 NCAC 07F .0923
Overhead and Gantry Cranes
Adopt
13 NCAC 07F .0924
Dedicated Pile Drivers
Adopt
13 NCAC 07F .0925
Sideboom Cranes
Adopt
13 NCAC 07F .0926
Operator Certification - Written Examination - Technical ...
Adopt
13 NCAC 07F .0927
Wildlife Resources Commission
The rules in Subchapter 10F cover motorboats and water safety including boat registration (.0100); safety equipment and accident reports (.0200); and local water safety regulations covering speed limits, no-wake restrictions, restrictions on swimming and other activities, and placement of markers for designated counties or municipalities (.0300).
Safety Equipment
Amend
15A NCAC 10F .0201
Brunswick County
Amend
15A NCAC 10F .0305
Burke County
Amend
15A NCAC 10F .0323
Mecklenburg and Gaston Counties
Amend
15A NCAC 10F .0333
Town of Emerald Isle
Amend
15A NCAC 10F .0376
Secretary of State, Department of the
The rules in Chapter 6 are from the Securities Division and cover general provisions (.1100), exemptions (.1200), registration of securities (.1300), registration of dealers and salesmen (.1400), miscellaneous provisions (.1500), registration of qualified businesses (.1600), registration of investment advisors and investment advisor representatives (.1700), miscellaneous provisions relating to investment advisers (.1800), and registration of athlete agents (.1900).
Administration
Repeal
18 NCAC 06 .1103
The rules in Subchapter 6B concern general provisions.
Scope
Adopt
18 NCAC 06B .0101
Administration
Adopt
18 NCAC 06B .0102
The rules in Subchapter 6c concern investigations, enforcement and hearings.
Letter of Inquiry
Adopt
18 NCAC 06C .0101
Investigative Subpoenas
Adopt
18 NCAC 06C .0102
Administrative Hearings
Adopt
18 NCAC 06C .0103
Settlement
Adopt
18 NCAC 06C .0104
Article 3A Contested Case Procedures
Adopt
18 NCAC 06C .0105
Temporary Orders
Adopt
18 NCAC 06C .0106
Conduct of Hearing
Adopt
18 NCAC 06C .0107
Final Order
Adopt
18 NCAC 06C .0108
Transportation, Department of
The rules in Chapter 2 are from the Division of Highways. The rules in Subchapter 2D concern highway operations including standards for design and construction (.0100); landscape (.0200); field operations-maintenance and equipment (.0400); ferry operations (.0500); oversize-overweight permits (.0600); highway design branch (.0700); prequalification advertising and bidding regulations (.0800); regulations for informal construction and repair contracts (.0900); adopt-a-highway program (.1000); and disadvantaged business enterprise, minority business enterprise and women business enterprise programs for highway and bridge construction contracts (.1100).
Permits-Authority, Application and Enforcement
Amend
19A NCAC 02D .0601
Permits-Weight, Dimensions and Limitations
Amend
19A NCAC 02D .0607
Denial: Revocation: Refusal to Renew: Appeal: Invalidation
Amend
19A NCAC 02D .0633
Oversize-Overweight Load Escort Vehicle Operator Certific...
Amend
19A NCAC 02D .0644
General Contractors, Licensing Board for
The rules of the Licensing Board for General Contractors include the board's organization (.0100); licensing requirements (.0200); application procedures (.0300); examinations (.0400); licenses (.0500); disciplinary procedures (.0700); contested cases (.0800); and home-owners recovery fund (.0900).
Classification
Amend
21 NCAC 12 .0202
Medical Board
The rules in Subchapter 32K are from the north carolina physicians health program including general information (.0100); and guidelines for program elements (.0200).
Definitions
Amend
21 NCAC 32K .0101
Authority
Repeal
21 NCAC 32K .0102
Peer Review Agreements
Repeal
21 NCAC 32K .0103
Due Process
Repeal
21 NCAC 32K .0104
Receipt and Use of Information of Potential Impairment
Amend
21 NCAC 32K .0201
Assessment and Referral
Amend
21 NCAC 32K .0202
Monitoring Treatment Sources
Amend
21 NCAC 32K .0203
Monitoring Rehabilitation and Performance
Amend
21 NCAC 32K .0204
Monitoring Post-Treatment Support
Amend
21 NCAC 32K .0205
Reports of Individual Cases to the Board
Amend
21 NCAC 32K .0206
Periodic Reporting of Statistical Information
Amend
21 NCAC 32K .0207
Confidentiality
Adopt
21 NCAC 32K .0208
The rules in Subchapter 32Q concern the impaired physician assistant program including general information (.0100); and guideline for program elements (.0200).
Definitions
Repeal
21 NCAC 32Q .0101
Authority
Repeal
21 NCAC 32Q .0102
Peer Review Agreements
Repeal
21 NCAC 32Q .0103
Due Process
Repeal
21 NCAC 32Q .0104
Receipt and Use of Information of Suspected Impairment
Repeal
21 NCAC 32Q .0201
Intervention and Referral
Repeal
21 NCAC 32Q .0202
Monitoring Treatment
Repeal
21 NCAC 32Q .0203
Monitoring Rehabilitation and Performance
Repeal
21 NCAC 32Q .0204
Monitoring Post-Treatment Support
Repeal
21 NCAC 32Q .0205
Reports of Individual Cases to the Board
Repeal
21 NCAC 32Q .0206
Periodic Reporting of Statistical Information
Repeal
21 NCAC 32Q .0207
Nursing, Board of
The rules in Chapter 36 include rules relating to general provisions (.0100); licensure (.0200); approval of nursing programs (.0300); unlicensed personnel and nurses aides (.0400); professional corporations (.0500); articles of organization (.0600); nurse licensure compact (.0700); and approval and practice parameters for nurse practitioners (.0800).
Prerequisites for Incorporation
Amend
21 NCAC 36 .0503
Community Colleges, Board of (retired)
The rules in Subchapter 2D cover the fiscal affairs of community colleges including salaries (.0100), student fees (.0200) and budgeting, accounting and fiscal management (.0300).
Expenditures of State Funds: Accreditation Expenses and Dues
Amend
23 NCAC 02D .0304
State Personnel Commission (retired)
The rules in Subchapter 1H concern recruitment and selection including general provisions (.0600); general provision for priority consideration (.0700); promotional priority (.0800); reduction-in-force-priority reemployment (.0900); exempt priority consideration (.1000); and veteran's preference (.1100).
Applicant Information and Application
Amend
25 NCAC 01H .0632
The rules in Subchapter 1I concern service to local government including local government employment policies (.1700); general provisions (.1800); recruitment and selection (.1900); appointment and separation (.2000); compensation (.2100); hours of work and overtime compensation (.2200); disciplinary action, suspension, dismissal and appeals (.2300); and basic requirements for a substantially equivalent personnel system (.2400).
Types of Appointments and Duration
Amend
25 NCAC 01I .2002
Administrative Hearings, Office of
The rules in Chapter 1 are general provisions for the Office of Administrative Hearings including petition for rule-making and declaratory rulings.
Cost to Public
Amend
26 NCAC 01 .0103
The rules in Chapter 2 are from the rules division and cover publication of The North Carolina Administrative Code (NCAC) and the North Carolina Register (NCR). The rules in Subchapter 2C are the submission procedures for rules and other documents to be published in the North Carolina Register and the North Carolina Administrative Code including general provisions (.0100); codification of rules (.0200); the Register (.0300); the Administrative Code (.0400); temporary rules (.0500); emergency rules (.0600); and publication on the OAH website (.0700).
Agency Final Copy
Amend
26 NCAC 02C .0114
The rules in Chapter 3 are from the Hearings Division and cover procedure (.0100); mediated settlement conferences (.0200); simplified procedures for medicaid applicant and recipient repeals (.0400); and electronic filing (.0500).
Rights and Responsibilities of Parties
Amend
26 NCAC 03 .0120
Official Record
Amend
26 NCAC 03 .0123