Generated 2/21/2018 at 12:00 AM
Commission Review
Log of Permanent Rule Filings
November 21, 2007 through December 20, 2007
Social Services Commission
The rules in Subchapter 6R concern adult day care standards for certification and include introduction (.0100); definition of terms (.0200); administration (.0300); the facility (.0400); program operation (.0500); certification procedure (.0600); construction requirements for day care home (.0700); certification information (.0800); and special care for persons with alzheimer's disease or other dementias, mental health disabilities or other special needs diseases or conditions in adult day care centers (.0900).
Planning Program Activities
Amend
10A NCAC 06R .0501
Nutrition
Amend
10A NCAC 06R .0502
Transportation
Amend
10A NCAC 06R .0503
Records
Amend
10A NCAC 06R .0508
Health Service Regulation, Division of
The rules in Chapter 14 concern services provided by the Division of Health Service Regulation. The rules in Subchapter 14C are Certificate of Need regulations including general provisions (.0100); applications and review process (.0200); exemptions (.0300); appeal process (.0400); enforcement and sanctions (.0500); and criteria and standards for nursing facility or adult care home services (.1100), intensive care services (.1200), pediatric intensive care services (.1300), neonatal services (.1400), hospices, hospice inpatient facilities, and hospice residential care facilities (.1500), cardiac catheterization equipment and cardiac angioplasty equipment (.1600), open heart surgery services and heart-lung bypass machines (.1700), diagnostic centers (.1800), radiation therapy equipment (.1900), home health services (.2000), surgical services and operating rooms (.2100), end stage renal disease services (.2200), computed tomography equipment (.2300), immediate care facility/mentally retarded (ICF/MR) (.2400), substance abuse/chemical dependency treatment beds (.2500), psychiatric beds (.2600), magnetic resonance imaging scanner (.2700), rehabilitation services (.2800), bone marrow transplantation services (.2900), solid organ transplantation services (.3000), major medical equipment (.3100), lithotriptor equipment (.3200), air ambulance (.3300), burn intensive care services (.3400), oncology treatment centers (.3500), gamma knife (.3600), positron emission tomography scanner (.3700), acute care beds (.3800), gastrointestinal endoscopy procedure rooms in licensed health service facilities (.3900), and hospice inpatient facilities and hospice residential care facilities (.4000).
Definitions
Amend
10A NCAC 14C .2301
Information Required of Applicant
Amend
10A NCAC 14C .2302
Performance Standards
Amend
10A NCAC 14C .2303
Support Services
Amend
10A NCAC 14C .2304
Staffing and Staff Training
Amend
10A NCAC 14C .2305
Public Health, Commission for
The rules in Chapter 43 are from the Department of Health and Human Services and the Commission for Public Health and concern personal health. The rules in Subchapter 43D concern WIC/Nutrition including definitions (.0100); WIC program general information (.0200); selection of local WIC agencies (.0300); eligibility for WIC program participation (.0400); WIC program food package (.0500); WIC program nutrition education (.0600); WIC program food delivery system (.0700); WIC program administrative appeals (.0800); WIC program participant fair hearings (.0900); consultation services (.1000); and maternal and child health block grant nutrition program (.1200).
Authorized WIC Vendors
Amend
10A NCAC 43D .0706
Insurance, Department of
The rules in Chapter 6 are from the Agent Services Division. The rules in Subchapter 6A cover general provisions (.0100); forms (.0200); examinations (.0300); licensing (.0400); license renewals and cancellations (.0500); license denials (.0600); prelicensing education (.0700); continuing education (.0800); and public adjusters (.0900).
Definitions
Amend
11 NCAC 06A .0101
N.C. Non-Resident Broker's Insurance Bond
Repeal
11 NCAC 06A .0211
North Carolina Notice of Cancellation
Repeal
11 NCAC 06A .0217
Responsibility of Applicant at Examination Site
Amend
11 NCAC 06A .0304
Licensing of Resident Agent, LTD, Representative and Adju...
Amend
11 NCAC 06A .0402
Licensing and Broker
Amend
11 NCAC 06A .0404
Licensing of Nonresident Broker
Repeal
11 NCAC 06A .0405
Licensing of Motor Vehicle Damage Appraiser
Repeal
11 NCAC 06A .0408
Licensing of Business Entities
Amend
11 NCAC 06A .0413
Adjuster's Learner's Permit
Repeal
11 NCAC 06A .0414
Personal Interviews
Repeal
11 NCAC 06A .0604
General Requirements
Amend
11 NCAC 06A .0701
Prelicensing Education Schools
Amend
11 NCAC 06A .0702
Program Directors
Amend
11 NCAC 06A .0703
Courses
Amend
11 NCAC 06A .0704
Instructors
Amend
11 NCAC 06A .0705
Definitions
Amend
11 NCAC 06A .0801
Licensee Requirements
Amend
11 NCAC 06A .0802
Carryover Credit
Amend
11 NCAC 06A .0804
Calculation of ICECS
Amend
11 NCAC 06A .0805
Hardship
Amend
11 NCAC 06A .0807
Instructor Qualification
Amend
11 NCAC 06A .0808
Approval of Courses
Amend
11 NCAC 06A .0809
Sanctions for Noncompliance
Amend
11 NCAC 06A .0811
Issuance/Continuation of Provider Approval
Amend
11 NCAC 06A .0813
The rules in Chapter 12 cover life and health insurance including general provisions applicable to all rules and all life and health insurance policies (.0100 - .0300); general life insurance provisions (.0400); general accident and health insurance provisions (.0500); replacement of insurance (.0600); credit insurance (.0700); medicare supplement insurance (.0800); long-term care insurance (.1000); mortgage insurance consolidations (.1100); accelerated benefits (.1200); small employer group health coverage (.1300); HMO and point-of-service coverage (.1400); uniform claim forms (.1500); retained asset accounts (.1600); viatical settlements (.1700); preferred provider plan product limitations (.1800); and domestic violence - prohibited acts (.1900).
Exemptions
Amend
11 NCAC 12 .0604
Private Protective Services Board
The rules in Subchapter 7D cover organization and general provisions (.0100); licenses and trainee permits (.0200); security guard patrol and guard dog service (.0300); private investigator and counterintelligence (.0400); polygraph (.0500); psychological stress evaluator (PSE) (.0600); unarmed security guard registration (.0700); armed security guard firearm registration permit (.0800); trainer certificate (.0900); recovery fund (.1000); training and supervision for private investigator associates (.1100); continuing education (.1300); unarmed armored car service guard registration requirements (.1400); and armed armored car service guard registration permit requirements (.1500).
Application/Armed Security Guard Firearm Registration Permit
Amend
12 NCAC 07D .0801
Training Video and Training Test
Repeal
12 NCAC 07D .1109
Alcohol Law Enforcement
The rules in Chapter 12 are from the boxing authority section of the alcohol law enforcement division including purpose (.0100); drugs and foreign substances (.0200); physical examination (.0300); permits, licensing and contracts (.0400); boxing (.0500); kickboxing (.0600); toughman (.0700); and mixed martial arts (.0800).
Scope
Amend
14A NCAC 12 .0101
Definitions
Amend
14A NCAC 12 .0102
North Carolina State Boxing Authority Section of the ALE ...
Amend
14A NCAC 12 .0103
Drugs and Foreign Substances
Amend
14A NCAC 12 .0201
Physical Examination
Amend
14A NCAC 12 .0301
Permits
Amend
14A NCAC 12 .0401
Licensing Requirements
Amend
14A NCAC 12 .0402
Duties of Contestants
Amend
14A NCAC 12 .0403
Duties of Promoters and Matchmakers
Amend
14A NCAC 12 .0404
Duties of Managers
Amend
14A NCAC 12 .0405
Duties of Referees
Amend
14A NCAC 12 .0406
Duties of Judges
Amend
14A NCAC 12 .0407
Duties of Announcers
Amend
14A NCAC 12 .0408
Duties of Timekeepers
Amend
14A NCAC 12 .0409
Duties of Seconds
Amend
14A NCAC 12 .0410
Duties of Trainers
Amend
14A NCAC 12 .0411
Duties of Physicians
Amend
14A NCAC 12 .0412
Contracts and Finanical Agreements
Amend
14A NCAC 12 .0413
Weigh-Ins-Boxing
Amend
14A NCAC 12 .0501
Equipment-Boxing
Amend
14A NCAC 12 .0502
Scoring-Boxing
Amend
14A NCAC 12 .0503
Fouls-Boxing
Amend
14A NCAC 12 .0504
Weigh-Ins-Kickboxing
Amend
14A NCAC 12 .0601
Equipment-Kickboxing
Amend
14A NCAC 12 .0602
Scoring-Kickboxing
Amend
14A NCAC 12 .0603
Fouls-Kickboxing
Amend
14A NCAC 12 .0604
Amateurs-Kickboxing
Adopt
14A NCAC 12 .0605
Toughman Match
Amend
14A NCAC 12 .0701
Weigh-Ins-Mixed Martial Arts
Adopt
14A NCAC 12 .0801
Appearance-Mixed Martial Arts
Adopt
14A NCAC 12 .0802
Handwraps-Mixed Martial Arts
Adopt
14A NCAC 12 .0803
Gloves-Mixed Martial Arts
Adopt
14A NCAC 12 .0804
Ring Requirements-Mixed Martial Arts
Adopt
14A NCAC 12 .0805
Number of Rounds-Mixed Martial Arts
Adopt
14A NCAC 12 .0806
Seconds Duties-Mixed Martial Arts
Adopt
14A NCAC 12 .0807
Scoring-Mixed Martial Arts
Adopt
14A NCAC 12 .0808
Fouls-Mixed Martial Arts
Adopt
14A NCAC 12 .0809
Amateurs-Mixed Martial Arts
Adopt
14A NCAC 12 .0810
Suspension-Mixed Martial Arts
Adopt
14A NCAC 12 .0811
Marine Fisheries Commission
The rules in subchapter 3K concern oyster, clams, scallops and mussels including shellfish, general (.0100); crabs (.0200); hard clams (mercenaria) (.0300); rangia clams (.0400); and scallops (.0500).
Prohibited Rakes
Amend
15A NCAC 03K .0102
Shellfish or Seed Management
Amend
15A NCAC 03K .0103
Prohibited Taking
Amend
15A NCAC 03K .0304
Bay Scallops - Seasons and Harvest Limits
Amend
15A NCAC 03K .0501
Soaked or Swelled Bay Scallops Prohibited
Repeal
15A NCAC 03K .0506
The rules in Subchapter 3O cover various licenses (.0100); leases and franchises (.0200); license appeal procedures (.0300); Standard Commercial Fishing License Eligibility Board (.0400); and licenses, leases and franchises (.0500).
Application Process
Amend
15A NCAC 03O .0402
Eligibility Board Review
Amend
15A NCAC 03O .0403
Eligibility Criteria
Amend
15A NCAC 03O .0404
Coastal Resources Commission
The rules in Chapter 7 pertain to coastal management and are promulgated by the Division of Coastal Management or the Coastal Resources Commission. The rules in Subchapter 7J concern procedures for handling major development permits, variance requests, appeals from minor development permit decisions and declaratory rulings. They include definitions (.0100); permit application and procedures (.0200); hearing procedures (.0300); final approval and enforcement (.0400); general permits (.0500); declaratory rulings and petitions for rulemaking (.0600); procedures for considering variance petitions (.0700); general permit procedure (.1100); static vegetation line exception procedures (.1200); and development line procedures (.1300).
Civil Penalties
Amend
15A NCAC 07J .0409
Revenue, Department of
The rules in Chapter 1 are the departmental rules of the Department of Revenue. Subchapter 1C rules deal with general administration and contain definitions (.0100); hearing procedures (.0200); forms (.0300); interest requirements (.0400); form of payment (.0500); substitution of forms (.0600); and electronic filing forms (.0700).
Pre-Hearing Conference
Repeal
17 NCAC 01C .0201
Procedure of Hearing
Adopt
17 NCAC 01C .0202
Assistance of Counsel
Repeal
17 NCAC 01C .0203
Failure to Appear
Repeal
17 NCAC 01C .0205
Application for Hearing
Repeal
17 NCAC 01C .0305
Waiver of Time Limitation
Amend
17 NCAC 01C .0307
Claim for Tax Refund
Amend
17 NCAC 01C .0316
Tax Refund
Repeal
17 NCAC 01C .0317
The rules in Chapter 4 are from the License and Excise Tax Division. The rules in Subchapter 04B concern license taxes including general administration (.0100); amusements, traveling theatrical companies, outdoor theatres (.0200); amusements not otherwise taxed (.0300); attorneys at law and other professionals (.0600); collecting agencies (.0900); peddlers (.1300); contractors and construction companies (.1400); day-care facilities (.1600); hotels, motels, tourist courts, tourist homes, campgrounds, trailer parks (.1700); restaurants (.1800); billiard and pool tables (.1900); music machines (.2000); merchandising dispensers and weighing machines (.2100); bagatelle tables, merry-go-rounds, etc., and electronic video games (.2200); packinghouses (.2300); pressing clubs, dry cleaning plants, and hat blockers (.2400); installment paper dealer (.2900); laundries (.3000); outdoor advertising (.3100); loan agencies or brokers (.3300); automobile, wholesale supply dealers, and service stations (.3400); motorcycle dealers (.3500); emigrant and employment agents (.3600); plumbers, heating contractors, and electricians (.3700); branch or chain stores (.4000); wholesale distributors of motor fuels (.4100); and general business (.4500).
Computation and Payment of Amusement Gross Receipts Taxes
Amend
17 NCAC 04B .0302
The rules in Subchapter 4C concern cigarette tax including definitions (.0100); cigarette distributors license (.0200); affixation of stamps and receipts (.0500); requirements for cigarette manufacturers (.0600); receipt of untaxed cigarettes (.0700); entities exempt from the Tobacco Products Tax Act (.0800); reports and records required of distributors (.0900); refunds of the cigarette tax (.1000); how tax applies on railroads and ocean-going vessels (.1100); rules relevant to cigarette vending machines (.1200); home requirements for other tobacco products besides cigarettes (.1300); manufacturers of other tobacco products (.1400); who is liable for the other tobacco products excise tax (.1500); how to designate sales as exempt (.1700); monthly report, invoice and record requirements (.1800); and other tobacco products vending machines (.1900).
Monthly Report for Resident Distributor
Amend
17 NCAC 04C .0901
Monthly Report for Nonresident Distributor
Amend
17 NCAC 04C .0902
Dealers on Trains
Amend
17 NCAC 04C .1101
Reporting Requirements
Amend
17 NCAC 04C .1705
The rules in Chapter 5 are from the corporate income and franchise tax division. The rules in Subchapter 5C are corporate income tax rules and include corporations subject to the tax (.0100); computation of income (.0300); interest income on government obligations (.0400); income taxable in another state (.0600); business and nonbusiness income (.0700); property factor (.0800); payroll factor (.0900); sales factor (.1000); amortization of bond premiums (.1400); net economic loans carry over (.1500); partnerships and the corporate partner (.1700); computing taxable percentages on dividends (.1800); filing of returns and payment of taxes (.1900); extension of time for filing return (.2000); dissolutions and withdrawals (.2100); domestic international sales corporation (.2400); and reinstatement of corporate charter (.2600).
Overpayments Applied to Next Year
Amend
17 NCAC 05C .1904
The rules in Subchapter 5D concern declaration of income by corporations.
Purpose
Adopt
17 NCAC 05D .0107
Who May Submit Request
Adopt
17 NCAC 05D .0108
Request for Alternative Apportionment Formula
Adopt
17 NCAC 05D .0109
Time for Filing
Adopt
17 NCAC 05D .0110
Notice of Conference
Adopt
17 NCAC 05D .0111
Who Shall Attend the Conference
Adopt
17 NCAC 05D .0112
Conduct of the Conference
Adopt
17 NCAC 05D .0113
Remedy
Adopt
17 NCAC 05D .0114
Final Decision
Adopt
17 NCAC 05D .0115
The rules in Subchapter 5E concern insurance premiums tax and regulatory surcharge.
Additional Fire and Lightning Taxes
Repeal
17 NCAC 05E .0102
Group Premiums
Repeal
17 NCAC 05E .0105
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).
Purpose and Scope
Amend
19A NCAC 02D .1101
Definitions
Amend
19A NCAC 02D .1102
Certification of Firms
Amend
19A NCAC 02D .1103
Renewal of Certification
Amend
19A NCAC 02D .1104
Change in Ownership or Control
Amend
19A NCAC 02D .1105
Decertification
Amend
19A NCAC 02D .1106
Appeals of Denial of Certification
Amend
19A NCAC 02D .1107
Goals
Amend
19A NCAC 02D .1108
Counting Participation Toward Meeting the Goal
Amend
19A NCAC 02D .1109
Non-Attainment of Goals
Amend
19A NCAC 02D .1110
Performance Related Replacement of Eligible Firms
Amend
19A NCAC 02D .1111
Replacement of a Firm Removed by Decertification
Amend
19A NCAC 02D .1112
Dental Examiners, Board of
The rules in Subchapter 16A concern the organization of the board of dental examiners.
Location
Amend
21 NCAC 16A .0104
The rules in Chapter 16 cover the licensing of dentists and dental hygienists. The rules in Subchapter 16B concern licensure examination for dentists including examination required (.0100); qualifications (.0200); application (.0300); Board conducted examinations (.0400); licensure by credentials (.0500); limited volunteer dental license (.0600); instructor's license (.0700); temporary volunteer dental license (.0800); and exemptions for active military (.0900).
Time for Filing
Amend
21 NCAC 16B .0402
Temporary Volunteer Dental Permit
Adopt
21 NCAC 16B .0801
The rules in Chapter 16 cover the licensing of dentists and dental hygienists. The rules in Subchapter 16C are dental hygienist licensure rules including general provisions (.0100); qualifications (.0200); application (.0300); Board conducted examinations (.0400); and licensure by credentials (.0500).
Time for Filing
Amend
21 NCAC 16C .0402
The rules in Subchapter 16I concern the annual renewal of the dental hygienist license.
Applications
Amend
21 NCAC 16I .0101
Penalty/Non-Compliance/Continuing Education Requirement
Amend
21 NCAC 16I .0105
Fee for Late Filing and Duplicate Licenses
Amend
21 NCAC 16I .0106
License Void Upon Failure to Renew
Amend
21 NCAC 16I .0107
The rules in Subchapter 16J concern sanitation.
Sterilization
Amend
21 NCAC 16J .0103
The rules in Subchapter 16Q concern general anesthesia and sedation including definitions (.0100); general anesthesia (.0200); parenteral conscious sedation (.0300); enteral conscious sedation (.0400); renewal of permits (.0500); reporting and penalties (.0600); and penalty for non-compliance (.0700).
General Anesthesia Credentials and Permit
Amend
21 NCAC 16Q .0201
The rules in Subchapter 16R concern continuing education requirements of dentists (.0100 and .0200).
Applications
Amend
21 NCAC 16R .0101
Fee for Late Filing
Amend
21 NCAC 16R .0102
Penalty/Non-Compliance/Continuing Education
Amend
21 NCAC 16R .0107
The rules in Subchapter 16Z concern limited supervision of dental hygienists.
Eligibility to Practice Hygiene Outside Direct Supervision
Adopt
21 NCAC 16Z .0101
Record Keeping
Adopt
21 NCAC 16Z .0102
Inspections
Adopt
21 NCAC 16Z .0103
Medical Board
The rules in Chapter 32 are from the Medical Board and include the licensing and practice standards of doctors, approval of nurse practitioners and physician assistants, regulation of professional corporations and mobile intensive care, and other aspects of medical practice and the regulatory procedures. The rules in Subchapter 32U cover the administration of vaccines by pharmacists.
Administration of Vaccines by Pharmacists
Amend
21 NCAC 32U .0101
Pharmacy, Board of
The rules in Chapter 46 cover organization of the board (.1200); general definitions (.1300); hospitals and other health facilities (.1400); admission requirements and examinations (.1500); licenses and permits (.1600); drugs dispensed by nurse and physician assistants (.1700); prescriptions (.1800); forms (.1900); administrative provisions (.2000); elections (.2100); continuing education (.2200); prescription information and records (.2300); dispensing in health departments (.2400); miscellaneous provisions (.2500); devices (.2600); nuclear pharmacy (.2700); compounding (.2800); product selection (.2900); disposal of unwanted drugs (.3000); clinical pharmacist practitioner (.3100); impaired pharmacist peer review program (.3200); and registry of pharmacist technicians (.3300).
Administration of Vaccines by Pharmacists
Amend
21 NCAC 46 .2507
State Personnel Commission
The rules in Subchapter 1B are from the state personnel commission and concern general provisions (.0100); rule-making (.0200); contested case hearing procedures (.0300); and appeal to the commission (.0400).
Content and Procedure
Amend
25 NCAC 01B .0201
Presentations
Amend
25 NCAC 01B .0204
Requests for Declaratory Ruling
Amend
25 NCAC 01B .0213
Continuances
Amend
25 NCAC 01B .0439
The rules in Subchapter 1L are the State's equal employment opportunity plans (.0100); AIDS in the workplace (.0200); and the Equal Employment Opportunity Institute (.0300).
Purpose
Amend
25 NCAC 01L .0102
The rules in Subchapter 1N are workplace environment and health rules including State Employees Workplace Requirements Program for Safety and Health (.0100); personal protective equipment (.0200); AIDS in the workplace (.0300); communicable disease emergency (.0400) worksite wellness (.0500); and lactation support (.0600).
Policy
Adopt
25 NCAC 01N .0501
Administration
Adopt
25 NCAC 01N .0502
Wellness Leader
Adopt
25 NCAC 01N .0503
Wellness Committees
Adopt
25 NCAC 01N .0504
Building Code Council
NC Residential Code - Wind-Borne Debris Region
Amend
R202
NC Building Code - Wind-Borne Debris Region
Amend
1609.2
NC Residential Code - Note 1
Amend
R403.1(1)
NC Residential Code - Minimum Depth
Amend
R403.1.4
NC Residential Code - Table
Amend
R403.1