Generated 10/21/2018 at 6:56 PM
Commission Review
Log of Permanent Rule Filings
November 21, 2008 through December 22, 2008
Agriculture, Board of
The rules in Chapter 38 are enforced by the standards division and include purpose and definitions (.0100); approval of weighing and measuring devices (.0200); package and labeling requirements (.0300); method of sale and commodities (.0400); leaf tobacco (.0500); sale of petroleum products (.0600); standards for storage, handling and installation of LP gas (.0700); and liquid fertilizers (.0800).
Type Approval of Weighing and Measuring Devices
Amend
02 NCAC 38 .0203
Retail Motor Fuel Dispensers/Half-Pricing
Amend
02 NCAC 38 .0601
Adoption by Reference
Amend
02 NCAC 38 .0701
The rules in Chapter 48 are Board of Agriculture rules governing the plant industry, including plant protection, fertilizer, seeds, liming materials and landplaster, and genetically engineered organisms. The rules in Subchapter 48A are plant protection rules directed at specific plant problems or methods of protection including regulations incorporated by reference (.0100); the honey and bee industry (.0200); exterior pests (.0300); white pine blister rust (.0400); witchweed (.0500); protection against the boll weevil (.0600); imported fire ant (.0700); potato virus y (.0800); sweet potato weevil (.0900); vegetable plant certification (.1000); tobacco plant certification (.1100); nursery certification (.1200); movement for scientific purposes (.1300); forms (.1400); gypsy moth (.1500); phytophagous snails (.1600); and control of noxious weeds (.1700).
Noxious Weeds
Amend
02 NCAC 48A .1702
Regulated Areas
Amend
02 NCAC 48A .1703
HHS - Mental Health, Division of
The rules in Chapter 27 concern mental health community facilities and services. The rules in Subchapter 27A are fiscal rules including accounting standards for all recipients of funds administered by the division (.0100); administration of state and federal funds (.0200); clean claims (.0300); and payment, reporting and settlement for local management entities systems management (.0400).
Scope
Adopt
10A NCAC 27A .0401
Definitions
Adopt
10A NCAC 27A .0402
Monthly Payments and Monthly Reporting
Adopt
10A NCAC 27A .0403
Settlement of LME System Management Payments
Adopt
10A NCAC 27A .0404
Mental Health, Commission for
The rules in Chapter 27 concern mental health community facilities and services. The rules in Subchapter 27G are from either the department or the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services including general information (.0100); operation and management rules (.0200); physical plant rules (.0300); facility licensing procedures (.0400); area program requirements (.0500); area authority or county program monitoring of facilities and services (.0600); accreditation of area programs and services (.0700); waivers and appeals (.0800); general rules for infants and toddlers (.0900); partial hospitalization for individuals who are mentally ill (.1100); psychological rehabilitation facilities for individuals with severe and persistent mental illness (.1200); residential treatment for children and adolescents who are emotionally disturbed or who have a mental illness (.1300); day treatment for children and adolescents with emotional or behavioral disturbances (.1400); intensive residential treatment for children and adolescents who are emotionally disturbed or who have a mental illness (.1500); residential treatment staff secure facilities for children or adolescents (.1700); psychiatric residential treatment facilities for children and adolescents (.1900); specialized community residential centers for individuals with developmental disabilities (.2100); before/after school and summer developmental day services for children with or at risk for developmental delays or disabilities, or atypical development (.2200); adult developmental and vocational programs for individuals with developmental disabilities (.2300); developmental day services for children with or at risk for developmental delays or disabilities, or atypical development (.2400); early childhood intervention services (ECIS) for children with an at risk for developmental delays or disabilities, or atypical development and their families (.2500); nonhospital medical detoxification for individuals who are substance abusers (.3100); social setting detoxification for substance abuse (.3200); outpatient detoxification for substance abuse (.3300); residential treatment/rehabilitation for individuals with substance abuse disorders (.3400); outpatient facilities for individuals with substance abuse disorders (.3500); outpatient opioid treatment (.3600); day treatment facilities for individuals with substance abuse disorders (.3700); substance abuse services for DWI offenders (.3800); drug education schools (DES) (.3900); treatment alternatives to street crimes (TASC) (.4000); substance abuse primary prevention services (.4200); therapeutic community (.4300); facility based crises services for individual of all disability groups (.5000); community respite services for individuals of all disability groups (.5100); residential therapeutic (habilitative) camps for children and adolescents of all disability groups (.5200); day activity for individuals of all disability groups (.5400); sheltered workshops for individuals of all disability groups (.5500); supervised living for individuals of all disability groups (.5600); assertive community treatment service (.5700); supportive employment for individuals of all disability groups (.5800); case management for individuals of all disability groups (.5900); inpatient hospital treatment for individuals who have mental illness or substance abuse disorders (.6000); emergency services for individuals of all disability groups (.6100); outpatient services for individuals of all disability groups (.6200); companion respite services for individuals of all disability groups (.6300); personal assistants for individuals of all disabilities groups (.6400); employment assistance programs (.6500); specialized foster care services (.6600); forensic screening and evaluation services for individuals of all disability groups (.6700); prevention services (.6800); consultation and education services (.6900); local management entity response to complaints (.7000); and target population (.7100).
Staff Definitions
Amend
10A NCAC 27G .0104
HHS - Mental Health, Division of
The rules in Chapter 27 concern mental health community facilities and services. The rules in Subchapter 27G are from either the department or the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services including general information (.0100); operation and management rules (.0200); physical plant rules (.0300); facility licensing procedures (.0400); area program requirements (.0500); area authority or county program monitoring of facilities and services (.0600); accreditation of area programs and services (.0700); waivers and appeals (.0800); general rules for infants and toddlers (.0900); partial hospitalization for individuals who are mentally ill (.1100); psychological rehabilitation facilities for individuals with severe and persistent mental illness (.1200); residential treatment for children and adolescents who are emotionally disturbed or who have a mental illness (.1300); day treatment for children and adolescents with emotional or behavioral disturbances (.1400); intensive residential treatment for children and adolescents who are emotionally disturbed or who have a mental illness (.1500); residential treatment staff secure facilities for children or adolescents (.1700); psychiatric residential treatment facilities for children and adolescents (.1900); specialized community residential centers for individuals with developmental disabilities (.2100); before/after school and summer developmental day services for children with or at risk for developmental delays or disabilities, or atypical development (.2200); adult developmental and vocational programs for individuals with developmental disabilities (.2300); developmental day services for children with or at risk for developmental delays or disabilities, or atypical development (.2400); early childhood intervention services (ECIS) for children with an at risk for developmental delays or disabilities, or atypical development and their families (.2500); nonhospital medical detoxification for individuals who are substance abusers (.3100); social setting detoxification for substance abuse (.3200); outpatient detoxification for substance abuse (.3300); residential treatment/rehabilitation for individuals with substance abuse disorders (.3400); outpatient facilities for individuals with substance abuse disorders (.3500); outpatient opioid treatment (.3600); day treatment facilities for individuals with substance abuse disorders (.3700); substance abuse services for DWI offenders (.3800); drug education schools (DES) (.3900); treatment alternatives to street crimes (TASC) (.4000); substance abuse primary prevention services (.4200); therapeutic community (.4300); facility based crises services for individual of all disability groups (.5000); community respite services for individuals of all disability groups (.5100); residential therapeutic (habilitative) camps for children and adolescents of all disability groups (.5200); day activity for individuals of all disability groups (.5400); sheltered workshops for individuals of all disability groups (.5500); supervised living for individuals of all disability groups (.5600); assertive community treatment service (.5700); supportive employment for individuals of all disability groups (.5800); case management for individuals of all disability groups (.5900); inpatient hospital treatment for individuals who have mental illness or substance abuse disorders (.6000); emergency services for individuals of all disability groups (.6100); outpatient services for individuals of all disability groups (.6200); companion respite services for individuals of all disability groups (.6300); personal assistants for individuals of all disabilities groups (.6400); employment assistance programs (.6500); specialized foster care services (.6600); forensic screening and evaluation services for individuals of all disability groups (.6700); prevention services (.6800); consultation and education services (.6900); local management entity response to complaints (.7000); and target population (.7100).
Operations During Licensed Period
Amend
10A NCAC 27G .0404
Mental Health, Commission for
The rules in Chapter 27 concern mental health community facilities and services. The rules in Subchapter 27G are from either the department or the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services including general information (.0100); operation and management rules (.0200); physical plant rules (.0300); facility licensing procedures (.0400); area program requirements (.0500); area authority or county program monitoring of facilities and services (.0600); accreditation of area programs and services (.0700); waivers and appeals (.0800); general rules for infants and toddlers (.0900); partial hospitalization for individuals who are mentally ill (.1100); psychological rehabilitation facilities for individuals with severe and persistent mental illness (.1200); residential treatment for children and adolescents who are emotionally disturbed or who have a mental illness (.1300); day treatment for children and adolescents with emotional or behavioral disturbances (.1400); intensive residential treatment for children and adolescents who are emotionally disturbed or who have a mental illness (.1500); residential treatment staff secure facilities for children or adolescents (.1700); psychiatric residential treatment facilities for children and adolescents (.1900); specialized community residential centers for individuals with developmental disabilities (.2100); before/after school and summer developmental day services for children with or at risk for developmental delays or disabilities, or atypical development (.2200); adult developmental and vocational programs for individuals with developmental disabilities (.2300); developmental day services for children with or at risk for developmental delays or disabilities, or atypical development (.2400); early childhood intervention services (ECIS) for children with an at risk for developmental delays or disabilities, or atypical development and their families (.2500); nonhospital medical detoxification for individuals who are substance abusers (.3100); social setting detoxification for substance abuse (.3200); outpatient detoxification for substance abuse (.3300); residential treatment/rehabilitation for individuals with substance abuse disorders (.3400); outpatient facilities for individuals with substance abuse disorders (.3500); outpatient opioid treatment (.3600); day treatment facilities for individuals with substance abuse disorders (.3700); substance abuse services for DWI offenders (.3800); drug education schools (DES) (.3900); treatment alternatives to street crimes (TASC) (.4000); substance abuse primary prevention services (.4200); therapeutic community (.4300); facility based crises services for individual of all disability groups (.5000); community respite services for individuals of all disability groups (.5100); residential therapeutic (habilitative) camps for children and adolescents of all disability groups (.5200); day activity for individuals of all disability groups (.5400); sheltered workshops for individuals of all disability groups (.5500); supervised living for individuals of all disability groups (.5600); assertive community treatment service (.5700); supportive employment for individuals of all disability groups (.5800); case management for individuals of all disability groups (.5900); inpatient hospital treatment for individuals who have mental illness or substance abuse disorders (.6000); emergency services for individuals of all disability groups (.6100); outpatient services for individuals of all disability groups (.6200); companion respite services for individuals of all disability groups (.6300); personal assistants for individuals of all disabilities groups (.6400); employment assistance programs (.6500); specialized foster care services (.6600); forensic screening and evaluation services for individuals of all disability groups (.6700); prevention services (.6800); consultation and education services (.6900); local management entity response to complaints (.7000); and target population (.7100).
Local Management Entity Client Rights Oversight Committee...
Amend
10A NCAC 27G .0504
Home Inspector Licensure Board
The rules in Chapter 8 are the engineering and building codes including the approval of school maintenance electricians (.0400); qualification board-limited certificate (.0500); qualification board-probationary certificate (.0600); qualification board-standard certificate (.0700); disciplinary actions and other contested matters (.0800); manufactured housing board (.0900); NC Home Inspector Licensure Board (.1000); home inspector standards of practice and code of ethics (.1100); disciplinary actions (.1200); home inspector continuing education (.1300); Manufactured Housing Board continuing education (.1400); and alternate designs and construction appeals (.1500).
Purpose and Scope
Amend
11 NCAC 08 .1103
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).
Experience Requirements/Security Guard and Patrol License
Amend
12 NCAC 07D .0301
Experience Requirements for Guard Dog Service License
Amend
12 NCAC 07D .0302
Experience Requirements for Private Investigator License
Amend
12 NCAC 07D .0401
Experience Requirements for Counterintelligence License
Amend
12 NCAC 07D .0402
Experience Requirements for Polygraph License
Amend
12 NCAC 07D .0501
Experience Requirements for Courier License
Amend
12 NCAC 07D .1201
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 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).
Certification of Instructors
Amend
12 NCAC 09B .0301
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
Marine Fisheries Commission
The rules in Subchapter 3H concern general information for the marine fisheries commission.
Rule Development and Applicability
Amend
15A NCAC 03H .0102
Proclamation Authority
Amend
15A NCAC 03H .0103
The rules in Subchapter 3I are general and miscellaneous rules.
Definitions
Amend
15A NCAC 03I .0101
Introduce, Transfer or Hold Imported Marine and Estuarine...
Amend
15A NCAC 03I .0104
The rules in Subchapter 3J concern the use of nets in general (.0100) and in specific areas (.0200); the use of pots, dredges, and other fishing devices (.0300); fishing gear (.0400); and pound nets (.0500).
Gill Nets, Seines, Identification, Restrictions
Amend
15A NCAC 03J .0103
Trawl Nets
Amend
15A NCAC 03J .0104
Pound Net Sets
Repeal
15A NCAC 03J .0107
Hook-and-Line
Adopt
15A NCAC 03J .0306
Definitions and Standards for Pound Nets and Pound Net Sets
Adopt
15A NCAC 03J .0501
Pound Net Set Permit Application and Processing
Adopt
15A NCAC 03J .0502
Pound Net Set Permit Renewal
Adopt
15A NCAC 03J .0503
Pound Net Set Permit Transfer
Adopt
15A NCAC 03J .0504
Pound Net Set Permit Conditions
Adopt
15A NCAC 03J .0505
The rules in Chapter 3 are from the Marine Fisheries Commission. The rules in Subchapter 3L concern shrimp (.0100); crabs (.0200); and lobsters (.0300).
Prohibited Nets, Mesh Sizes and Areas
Amend
15A NCAC 03L .0103
Unlawful to Use or Take
Repeal
15A NCAC 03L .0104
Recreational Shrimp Limits
Adopt
15A NCAC 03L .0105
American Lobster (Northern Lobster)
Amend
15A NCAC 03L .0301
The rules in Subchapter 3M cover harvesting of finfish including general rules (.0100); striped bass (.0200); mackerel (.0300); menhaden and Atlantic herring (.0400); and other finfish (.0500).
Red Drum
Amend
15A NCAC 03M .0501
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).
Authorized Gear
Amend
15A NCAC 03O .0302
Procedures and Requirements to Obtain Permits
Amend
15A NCAC 03O .0501
Permit Conditions, General
Amend
15A NCAC 03O .0502
Permit Conditions; Specific
Amend
15A NCAC 03O .0503
The rules in Subchapter 3Q cover the joint and separate jurisdictions of the Marine Fisheries Commission and the Wildlife Resources Commission including general regulations (.0100); and boundary lines between inland, joint, and coastal waters (.0200).
Descriptive Boundaries for Coastal-Joint-Inland Waters
Amend
15A NCAC 03Q .0202
The rules in Subchapter 3R specify boundaries for various areas (.0100); and fishery management areas (.0200).
Attended Gill Net Areas
Amend
15A NCAC 03R .0112
Pound Net Set Prohibited Areas
Amend
15A NCAC 03R .0113
Coastal Resources Commission
The rules in Subchapter 7H are the state guidelines for areas of environmental concern (AECs) including introduction and general comments (.0100); the estuarine system (.0200); ocean hazard areas (.0300); public water supplies (.0400); natural and cultural resource areas (.0500); development standards (.0600); general permits for construction or maintenance of bulkheads and the placement of riprap for shoreline protection in estuarine and public trust waters (.1100); piers, docks and boat houses in estuarine and public trust waters (.1200); general permit to construct boat ramps along estuarine and public trust shorelines and into estuarine and public trust waters (.1300); groins in estuarine and public trust waters (.1400); excavation within or connecting to existing canals, channels, basins, or ditches in estuarine waters, public trust waters, and estuarine shoreline AECs (.1500); aerial and subaqueous utility lines with attendant structures in coastal wetlands, estuarine waters, public trust waters and estuarine shorelines (.1600); emergency work requiring a CAMA or a dredge and fill permit (.1700); beach bulldozing landward of the mean high-water mark in the ocean hazard AEC (.1800); temporary structures within the estuarine and ocean hazard AECs (.1900); authorizing minor modifications and repair to existing pier/mooring facilities in estuarine and public trust waters and ocean hazard areas (.2000); construction of sheetpile sill for shoreline protection in estuarine and public trust waters (.2100); construction of freestanding moorings in established waters and public trust areas (.2200); replacement of existing bridges and culverts in estuarine waters, estuarine shorelines, public trust areas and coastal wetlands (.2300); placement of riprap for wetland protection in estuarine and public trust waters (.2400); replacement of structures; the reconstruction of primary or frontal dune systems; and the maintenance excavation of existing canals, basins, channels, or ditches, damaged, destroyed, or filled in by hurricanes or tropical storms (.2500); construction of wetland, stream and buffer mitigation sites by the North Carolina Ecosystem Enhancement Program or the North Carolina Wetlands Restoration Program (.2600); and the construction of riprap sills for wetland enhancement in estuarine and public trust waters (.2700).
Purpose
Amend
15A NCAC 07H .1401
Approval Procedures
Amend
15A NCAC 07H .1402
General Conditions
Amend
15A NCAC 07H .1404
Specific Conditions
Amend
15A NCAC 07H .1405
Purpose
Amend
15A NCAC 07H .2101
Approval Procedures
Amend
15A NCAC 07H .2102
General Conditions
Amend
15A NCAC 07H .2104
Specific Conditions
Amend
15A NCAC 07H .2105
Purpose
Amend
15A NCAC 07H .2401
Approval Procedures
Amend
15A NCAC 07H .2402
General Conditions
Amend
15A NCAC 07H .2404
Specific Conditions
Amend
15A NCAC 07H .2405
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).
Variance Petitions
Amend
15A NCAC 07J .0701
Procedures for Deciding Variance Petitions
Amend
15A NCAC 07J .0703
The rules in Subchapter 7M concern general policy guidelines for the coastal area including purpose and authority (.0100); shoreline erosion response policies (.0200); shorefront access policies (.0300); coastal energy policies (.0400); post-disaster policies (.0500); floating structure policies (.0600); mitigation policy (.0700); coastal water quality policies (.0800); policies on use of coastal airspace (.0900); policies on water and wetland based target areas for military training activities (.1000); policies on beneficial use and availability of materials resulting from the excavation or maintenance of navigational channels (.1100); and policies on ocean mining (.1200).
Declaration of General Policy
Amend
15A NCAC 07M .0301
Definitions
Amend
15A NCAC 07M .0302
Standards for Public Access
Amend
15A NCAC 07M .0303
Local Government and State Involvement in Access
Amend
15A NCAC 07M .0306
Eligibility, Selection Criteria and Matching Requirements
Amend
15A NCAC 07M .0307
Chiropractic Examiners, Board of
The rules in Chapter 10 include organization of the Board (.0100); the practice of chiropractic (.0200); rules of unethical conduct (.0300); rule-making procedures (.0400); investigation of complaints (.0500); contested cases and hearings in contested cases (.0600-.0700); and miscellaneous provisions (.0800).
Examination
Amend
21 NCAC 10 .0203
Dental Examiners, Board of
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).
Procedure for Evaluation or Inspection
Amend
21 NCAC 16Q .0204
Temporary Approval Prior to Site Inspection
Amend
21 NCAC 16Q .0303
Temporary Approval Prior to Site Inspection
Amend
21 NCAC 16Q .0403