Generated 11/18/2017 at 12:00 AM
Commission Review
Log of Permanent Rule Filings
November 21, 2013 through December 20, 2013
Child Care Commission
The rules in Chapter 9 are child care rules and include definitions (.0100); general provisions related to licensing (.0200); procedures for obtaining a license (.0300); issuance of provisional and temporary licenses (.0400); age and developmentally appropriate environments for centers (.0500); safety requirements for child care centers (.0600); staff qualifications (.0700); health standards for children (.0800); nutrition standards (.0900); transportation standards (.1000); continuing education and professional development (.1100); building code requirements for child care centers (.1300); space requirements (.1400); temporary care requirements (.1500); family child care home requirements (.1700); discipline (.1800); special procedures concerning abuse/neglect in child care (.1900); rulemaking and contested case procedures (.2000); religious-sponsored child care center requirements (.2100); administrative actions and civil penalties (.2200); forms (.2300); child care for mildly ill children (.2400); care for school-age children (.2500); child care for children who are medically fragile (.2600); criminal records checks (.2700); voluntary rated licenses (.2800); developmental day services (.2900); and NC pre-kindergarten services (.3000).
Application for a License for a Child Care Center
Amend
10A NCAC 09 .0302
Application for a License for a Family Child Care Home
Amend
10A NCAC 09 .1702
General Safety Requirements
Amend
10A NCAC 09 .2506
Scope
Adopt
10A NCAC 09 .2701
Definitions
Amend
10A NCAC 09 .2702
Criminal Record Check Requirements for Child Care Providers
Amend
10A NCAC 09 .2703
Criminal Record Check Requirements for Nonlicensed Home P...
Amend
10A NCAC 09 .2704
Staff Qualifications
Amend
10A NCAC 09 .2903
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
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).
Basic Law Enforcement Training
Amend
12 NCAC 09B .0205
Completion of Basic Law Enforcement Training Course
Amend
12 NCAC 09B .0405
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.
Minimum Training Specifications: Annual In-Service Training
Amend
12 NCAC 09E .0105
The rules in Subchapter 9F cover concealed handgun training.
Filing and Fees
Amend
12 NCAC 09F .0107
Sheriffs Education and Training Standards Commission
Rules in Subchapter 10B are from the N. C. Sheriffs' Education and Training Standards Commission. These rules govern the commission organization and procedure (.0100); enforcement rules (.0200); minimum standards for employment as a justice officer (deputy or jailer) (.0300); certification of justice officers (.0400); standards and accreditation for justice officers schools, training programs, and the instructors (.0500-.0900); certificate and awards programs for sheriffs, deputies, justice officers, jailers, reserve officers, and telecommunicators (.1000-.1700); in-service training (.2000); and firearms in-service training and re-qualification (.2100).
Minimum Standards for Justice Officers
Amend
12 NCAC 10B .0301
Basic Law Enforcement Training Course for Deputies
Amend
12 NCAC 10B .0502
Detention Officer Certification Course
Amend
12 NCAC 10B .0601
Evaluation for Training Waiver
Amend
12 NCAC 10B .0603
Completion of Detention Officer Certification Course
Amend
12 NCAC 10B .0605
Intermediate Law Enforcement Certificate
Amend
12 NCAC 10B .1004
Advanced Law Enforcement Certificate
Amend
12 NCAC 10B .1005
Intermediate Detention Officer Professional Certificate
Amend
12 NCAC 10B .1204
Advanced Detention Officer Professional Certificate
Amend
12 NCAC 10B .1205
Intermediate Telecommunicator Certificate
Amend
12 NCAC 10B .1604
Advanced Telecommunicator Certificate
Amend
12 NCAC 10B .1605
Military and Military Spouse Transferees
Adopt
12 NCAC 10B .1901
Minimum Training Requirements
Amend
12 NCAC 10B .2005
Marine Fisheries Commission
The rules in Subchapter 3I are general and miscellaneous rules.
Definitions
Amend
15A NCAC 03I .0101
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).
Trawl Nets
Amend
15A NCAC 03J .0104
Duke Energy Progress Brunswick Nuclear Plant Intake Canal
Amend
15A NCAC 03J .0207
Pots
Amend
15A NCAC 03J .0301
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).
Public Health and Control of Oysters, Clams, Scallops and...
Adopt
15A NCAC 03K .0110
The rules in Chapter 3 are from the Marine Fisheries Commission. The rules in Subchapter 3L concern shrimp (.0100); crabs (.0200); and lobsters (.0300).
Crab Harvest Restrictions
Amend
15A NCAC 03L .0201
Crab Trawling
Amend
15A NCAC 03L .0202
Crab Dredging
Amend
15A NCAC 03L .0203
Crab Pots
Amend
15A NCAC 03L .0204
Crab Spawning Sanctuaries
Amend
15A NCAC 03L .0205
Peeler Crabs
Repeal
15A NCAC 03L .0206
Recreational Harvest of Crabs
Repeal
15A NCAC 03L .0209
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).
Minimum Size Limits
Amend
15A NCAC 03M .0103
Hybrid Striped Bass Culture
Repeal
15A NCAC 03M .0206
Sheepshead
Adopt
15A NCAC 03M .0521
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).
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).
Designated Pot Areas
Amend
15A NCAC 03R .0107
Designated Seed Oyster Management Areas
Amend
15A NCAC 03R .0116
Exempted Crab Pot Escape Ring Areas
Adopt
15A NCAC 03R .0118
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).
Hyde County
Amend
15A NCAC 10F .0313
Camden County
Amend
15A NCAC 10F .0352
Appraisal Board
The rules in Subchapter 57A cover licensing, certification and practice rules for appraisers including application procedures (.0100); licensing and certification (.0200); examination (.0300); general practice requirements (.0400); appraisal standards (.0500); and experience credit (.0600).
Fitness for Registration or Certification
Amend
21 NCAC 57A .0202
Speech and Language Pathologists and Audiologists, Board of Examiners for
The rules in Chapter 64 are from the Board of Examiners for Speech and Language Pathologists and Audiologists and include general provisions (.0100); interpretative rules (.0200); code of ethics (.0300); rulemaking petitions (.0400); notice of rulemaking (.0500); conduct of rulemaking hearings (.0600); declaratory rulings (.0700); contested case hearings (.0800); other matters relating to administrative hearings (.0900); and use of speech/language pathology assistants (.1000).
Supervision of Professional Experience
Amend
21 NCAC 64 .0206
Remote Location Telepractice
Amend
21 NCAC 64 .0219
Good Moral Conduct
Adopt
21 NCAC 64 .0307