Generated 12/19/2018 at 2:17 AM
Commission Review
Log of Permanent Rule Filings
February 21, 2007 through March 20, 2007
Administration, Department of
The rules in Chapter 41 are from the State Energy Office. The rules in Subchapter 41D concern the energy policy act credit and banking selling program including general provisions (,0100); credit banking and selling program provisions (,0200); proceeds and distribution (.0300); and reports (.0400).
Purpose and Organization
Adopt
01 NCAC 41D .0101
Definitions
Adopt
01 NCAC 41D .0102
Banking
Adopt
01 NCAC 41D .0201
Selling
Adopt
01 NCAC 41D .0202
Proceeds and Distribution
Adopt
01 NCAC 41D .0301
Fund Disbursements
Adopt
01 NCAC 41D .0302
Reports
Adopt
01 NCAC 41D .0401
Developmental Disabilities and Substance Abuse Services
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).
Scope
Repeal
10A NCAC 27G .1501
Staff
Repeal
10A NCAC 27G .1502
Operations
Repeal
10A NCAC 27G .1503
Physical Plant
Repeal
10A NCAC 27G .1504
The rules in Subchapter 28I concern other rules pertaining to state operated facilities and services including rules governing deportment: traffic, parking and registration of vehicles at division facilities (.0100); procedures for obtaining adult protective services (.0200); and prescribing of medication above recommended dosages (.0300).
Firearms
Repeal
10A NCAC 28I .0401
Health and Human Services, Department of
The rules in Subchapter 28I concern other rules pertaining to state operated facilities and services including rules governing deportment: traffic, parking and registration of vehicles at division facilities (.0100); procedures for obtaining adult protective services (.0200); and prescribing of medication above recommended dosages (.0300).
Firearms
Adopt
10A NCAC 28I .0402
Alarm Systems Licensing Board
The rules in Chapter 11 are from the N.C. Alarm Systems Licensing Board and cover the organization and general provisions (.0100); license applications and requirements (.0200); registration of employees of licensees (.0300); the recovery fund (.0400); and continuing education for licensees (.0500).
Prohibited Acts
Amend
12 NCAC 11 .0105
Environmental Management Commission
The rules in Subchapter 2B pertain to surface water standards and monitoring including procedures for assignment of water quality standards (.0100); the standards used to classify the waters of the state (.0200); stream classifications (.0300); effluent limitations (.0400); monitoring and reporting requirements (.0500); and water quality management plans (.0600).
Location of Sampling Sites and Mixing Zones
Amend
15A NCAC 02B .0204
Standards for Toxic Substances and Temperature
Amend
15A NCAC 02B .0208
Fresh Surface Water Quality Standards for Class C Waters
Amend
15A NCAC 02B .0211
Fresh Surface Water Quality Standards for Class WS-I Waters
Amend
15A NCAC 02B .0212
Fresh Surface Water Quality Standards for Class WS-II Waters
Amend
15A NCAC 02B .0214
Fresh Surface Water Quality Standards for Class WS-III Wa...
Amend
15A NCAC 02B .0215
Fresh Surface Water Quality Standards for Class Ws-IV Waters
Amend
15A NCAC 02B .0216
Fresh Surface Water Quality Standards for Class WS-V Waters
Amend
15A NCAC 02B .0218
Tidal Salt Water Quality Standards for Class SC Waters
Amend
15A NCAC 02B .0220
Tidal Salt Water Quality Standards for Class SA Waters
Amend
15A NCAC 02B .0221
Tidal Salt Water Quality Standards for Class SB Waters
Amend
15A NCAC 02B .0222
Catawba River Basin
Amend
15A NCAC 02B .0308
The rules in Subchapter 2D are air pollution control requirements including definitions and references (.0100); air pollution sources (.0200); air pollution emergencies (.0300); ambient air quality standards (.0400); emission control standards (.0500); air pollutants monitoring and reporting (.0600); complex sources (.0800); volatile organic compounds (.0900); motor vehicle emission control standards (.1000); control of toxic air pollutants (.1100); control of emissions from incinerators (.1200); oxygenated gasoline standard (.1300); nitrogen oxide standards (.1400); general conformity for federal actions (.1600); emissions at existing municipal solid waste landfills (.1700); control of odors (.1800); open burning (.1900); transportation conformity (.2000); risk management program (.2100); special orders (.2200); emission reduction credits (.2300); clean air interstate rules (.2400); mercury rules for electric generators (.2500); and source testing (.2600).
Best Available Retrofit Technology
Amend
15A NCAC 02D .0543
Wildlife Resources Commission
The rules in Chapter 10 are promulgated by the Wildlife Resources Commission and concern wildlife resources and water safety. The rules in Subchapter 10A cover general WRC practices and procedures including petitions for rulemaking (.0400); declaratory rulemaking (.0500); warning tickets (.1000); waivers (.1100); emergency powers (.1200); wildlife poacher reward fund (.1300); interstate wildlife violator compact (wcv).
Particular Offenses
Amend
15A NCAC 10A .1001
The rules in Chapter 10 are promulgated by the Wildlife Resources Commission and concern wildlife resources and water safety. The rules in Subchapter 10B are hunting and trapping rules and cover general hunting and wildlife provisions (.0100), hunting specific animals (.0200), trapping (.0300), and tagging furs (.0400).
Migratory Game Birds
Amend
15A NCAC 10B .0105
Big Game Kill Reports
Amend
15A NCAC 10B .0113
Permitted Archery Equipment
Amend
15A NCAC 10B .0116
Possession of Mute Swans
Adopt
15A NCAC 10B .0125
Bear
Amend
15A NCAC 10B .0202
Deer
Amend
15A NCAC 10B .0203
Wild Boar (Both Sexes)
Amend
15A NCAC 10B .0204
Raccoon and Opossum
Amend
15A NCAC 10B .0205
Wild Turkey
Amend
15A NCAC 10B .0209
Open Seasons
Amend
15A NCAC 10B .0302
Traps
Adopt
15A NCAC 10B .0304
The rules in Subchapter 10C cover inland fishing including jurisdictional issues involving the Marine Fisheries Commission (.0100); general rules (.0200); game fish (.0300); non-game fish (.0400); primary nursery areas (.0500); and anadromous fish spawning areas (.0600).
Public Mountain Trout Waters
Amend
15A NCAC 10C .0205
Fishing License Exemptions
Adopt
15A NCAC 10C .0216
Open Seasons: Creel and Size Limits
Amend
15A NCAC 10C .0305
Manner of Taking Non-game Fishes
Amend
15A NCAC 10C .0401
Taking Non-game Fishes for Bait
Amend
15A NCAC 10C .0402
Special Device Fishing
Amend
15A NCAC 10C .0404
Permitted Special Devices and Open Seasons
Amend
15A NCAC 10C .0407
Descriptive Boundaries
Amend
15A NCAC 10C .0503
The rules in Chapter 10 are promulgated by the Wildlife Resources Commission and concern wildlife resources and water safety. The rules in Subchapter 10D are game lands rules.
General Regulations
Amend
15A NCAC 10D .0102
Hunting On Game Lands
Amend
15A NCAC 10D .0103
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).
Application for Certificate of Vessel Number
Amend
15A NCAC 10F .0102
Transfer of Ownership
Amend
15A NCAC 10F .0103
Certificate of Number
Amend
15A NCAC 10F .0104
Numbering Pattern
Amend
15A NCAC 10F .0105
Display of Vessel Numbers
Amend
15A NCAC 10F .0106
Validation Decal
Amend
15A NCAC 10F .0107
Temporary Certificate of Number
Amend
15A NCAC 10F .0109
Abandoned Vessels
Adopt
15A NCAC 10F .0110
Durham and Wake Counties
Amend
15A NCAC 10F .0350
The rules in Subchapter 10G concern distribution and sale of hunting: fishing: and trapping license including license agents (.0100); boat registration agents (.0200); fur tag agents (.0300); wildlife service agents (.0400); licensee requirements (.0500) and license eligibility (.0600).
Purpose of Wildlife Service Agents
Amend
15A NCAC 10G .0401
Appointment of Wildlife Service Agents
Amend
15A NCAC 10G .0402
Wildlife Service Agent Agreement
Amend
15A NCAC 10G .0403
Customer Support System
Repeal
15A NCAC 10G .0404
Wildlife Service Agent Terms and Conditions
Adopt
15A NCAC 10G .0405
The rules in Subchapter 10H concern activities regulated by the Commission including controlled hunting preserves for domestically raised game birds (.0100), holding wildlife in captivity (.0300), commercial trout ponds (.0400), fish propagation (.0700), falconry (.0800), game bird propagators (.0900), taxidermy (.1000), furbearer propagation (.1100), controlled fox hunting preserves (.1200), and reptiles and amphibians (.1300).
Supplement Feeding
Adopt
15A NCAC 10H .0110
Definitions
Amend
15A NCAC 10H .0801
Commercial Take of Certain Turtles and Terrapins
Adopt
15A NCAC 10H .1301
Possession of Reptiles and Amphibians
Adopt
15A NCAC 10H .1302
The rules in Subchapter 10J cover wildlife conservation areas.
General Regulations Regarding Use of Conservation Areas
Amend
15A NCAC 10J .0102
Health Services, Commission for (retired)
The rules in Chapter 18 cover environmental aspects of health such as sanitation (18A), mosquito control (18B), water supplies (18C), and water treatment facility operators (18D). The rules in Subchapter 18A deal with sanitation and include handling, packing and shipping of crustacean meat (.0100) and shellfish (.0300 and .0400); operation of shellstock plants and reshippers (.0500); shucking and packing plants (.0600); depuration mechanical purification facilities (.0700); wet storage of shellstock (.0800); shellfish growing waters (.0900); summer camps (.1000); grade A milk (.1200); hospitals, nursing homes, rest homes, etc. (.1300); mass gatherings (.1400); local confinement facilities (.1500); residential care facilities (.1600); protection of water supplies (.1700); lodging places (.1800); sewage treatment and disposal systems (.1900); migrant housing (.2100); bed and breakfast homes (.2200); delegation of authority to enforce rules (.2300); public, private and religious schools (.2400); public swimming pools (.2500); restaurants, meat markets, and other food handling establishments (.2600); child day care facilities (.2800); restaurant and lodging fee collection program (.2900); bed and breakfast inns (.3000); lead poisoning prevention (.3100); tattooing (.3200); adult day service facilities (.3300); primitive camps (.3500); rules governing the sanitation of resident camps (.3600); and private drinking water well sampling (.3800).
Definitions
Adopt
15A NCAC 18A .3601
Standards and Approval of Plans
Adopt
15A NCAC 18A .3602
Permits
Adopt
15A NCAC 18A .3603
Public Display of Grade Card
Adopt
15A NCAC 18A .3604
Inspections and Reinspections
Adopt
15A NCAC 18A .3605
Grading
Adopt
15A NCAC 18A .3606
Procedure When Infections Suspected
Adopt
15A NCAC 18A .3607
Site
Adopt
15A NCAC 18A .3608
Water Supply
Adopt
15A NCAC 18A .3609
Liquid Wastes
Adopt
15A NCAC 18A .3610
Solid Wastes
Adopt
15A NCAC 18A .3611
Swimming Pools
Adopt
15A NCAC 18A .3612
Camp Building Construction and Maintenance Requirements
Adopt
15A NCAC 18A .3613
Lodging Facilities
Adopt
15A NCAC 18A .3614
Toilet: Handwashing: Laundry: and Bathing Facilities
Adopt
15A NCAC 18A .3615
Drinking Water Facilities
Adopt
15A NCAC 18A .3616
Premises: Vermin Control and Miscellaneous
Adopt
15A NCAC 18A .3617
Food Service Facilities
Adopt
15A NCAC 18A .3618
Field Sanitation
Adopt
15A NCAC 18A .3619
Food Service Employees
Adopt
15A NCAC 18A .3620
Food Supplies
Adopt
15A NCAC 18A .3621
Food Protection
Adopt
15A NCAC 18A .3622
Milk and Milk Products
Adopt
15A NCAC 18A .3623
Ice Handling
Adopt
15A NCAC 18A .3624
Seafood
Adopt
15A NCAC 18A .3625
Refrigeration: Thawing: and Preparation of Food
Adopt
15A NCAC 18A .3626
Re-Serving of Food
Adopt
15A NCAC 18A .3627
Food Service Utensils and Equipment
Adopt
15A NCAC 18A .3628
Cleaning of Equipment and Utensils
Adopt
15A NCAC 18A .3629
Storage and Handling of Utensils and Equipment
Adopt
15A NCAC 18A .3630
Food Service Area Storage Spaces
Adopt
15A NCAC 18A .3631
Food Service Area Lighting
Adopt
15A NCAC 18A .3632
Food Service Area Ventilation
Adopt
15A NCAC 18A .3633
Food Service Area and Lavatory Facilities
Adopt
15A NCAC 18A .3634
Food Service Area Toilet Facilities
Adopt
15A NCAC 18A .3635
Food Service Area Floors
Adopt
15A NCAC 18A .3636
Food Service Area Walls and Ceilings
Adopt
15A NCAC 18A .3637
Kitchen Premises: Miscellaneous
Adopt
15A NCAC 18A .3638
Informal Review Process and Appeals Procedure
Adopt
15A NCAC 18A .3639
Cosmetic Art Examiners, Board of
The rules in Subchapter 14H are sanitation rules for both operators and facilities including sanitation (.0100); shop licensing and physical dimensions (.0200); cosmetic art shop and equipment (.0300); sanitation procedures and practices (.0400); and enforcement, maintenance of licensure (.0500).
Sanitary Ratings and Posting of Ratings
Amend
21 NCAC 14H .0105
Footspa Sanitation
Amend
21 NCAC 14H .0120
Sanitation Prohibited Practices
Amend
21 NCAC 14H .0121
The rules in Subchapter 14J cover the cosmetology curriculum including the beginners' department (.0100); the advanced department (.0200); combined studies (.0300); the course of study (.0400); and credit for study outside of North Carolina (.0500).
Equipment for Beginner Department
Amend
21 NCAC 14J .0106
Equipment in Advanced Department
Amend
21 NCAC 14J .0206
Equipment
Amend
21 NCAC 14J .0302
Students' Personal Supplies
Amend
21 NCAC 14J .0303
The rules in Subchapter 14N deal with examinations including general provisions (.0100), cosmetologist exam (.0200), manicurist exam (.0300), cosmetologist teacher exam (.0400), and manicurist teach examination (.0500), esthetician examination (.0600), and esthetician teacher examination (.0700).
Initial Application and Fees
Amend
21 NCAC 14N .0102
Re-examination
Amend
21 NCAC 14N .0113
Full Time and Part Time Equivalency
Adopt
21 NCAC 14N .0115
The rules in Subchapter 14R are continuing education rules.
Application Criteria and Continuing Education Course Appr...
Amend
21 NCAC 14R .0102
Landscape Contractors Registration Board (retired)
Chapter 28 contains rules for the Registration Board of Landscape Contractors including statutory and administrative provision (.0100); practice of landscape contractor (.0200); examination and licensing procedures (.0300); rules: petitions: hearings (.0400); declaratory rulings (.0500); administrative hearings: procedures (.0600).
Authority: Name and Location of Board
Amend
21 NCAC 28 .0101
Applications and Examination
Amend
21 NCAC 28 .0301
Reinstatement After Revocation
Amend
21 NCAC 28 .0304
Occupational Therapy, Board of
The rules in Chapter 38 cover organization and general provisions (.0100); application for license (.0200); licensing (.0300); business conduct (.0400); provisions concerning rulemaking (.0500); administrative hearing procedures (.0600); professional corporations (.0700); continuing competence activity (.0800); supervision, supervisory roles, and clinical responsibilities of occupational therapists and occupational therapy assistants (.0900); supervision of limited permittees (.1000); and supervision of unlicensed personnel (.1100).
Purpose
Amend
21 NCAC 38 .0101
Board Office
Amend
21 NCAC 38 .0102
Definitions
Amend
21 NCAC 38 .0103
Application Process
Amend
21 NCAC 38 .0201
Fees
Amend
21 NCAC 38 .0204
License Number: Display of License
Amend
21 NCAC 38 .0301
License Renewal
Amend
21 NCAC 38 .0302
Limited Permits
Amend
21 NCAC 38 .0303
Grounds for License Denial or Discipline
Amend
21 NCAC 38 .0304
Continuing Duty to Report Certain Crimes and Civil Suits
Amend
21 NCAC 38 .0305
Change of Address or Business Name
Amend
21 NCAC 38 .0401
Advertising
Amend
21 NCAC 38 .0402
Procedure for Adoption of Rules
Amend
21 NCAC 38 .0502
Authority and Definitions
Amend
21 NCAC 38 .0701
Prerequisites for Incorporation
Amend
21 NCAC 38 .0702
Certificate of Registration
Amend
21 NCAC 38 .0703
General and Administrative Provisions
Amend
21 NCAC 38 .0704
Continuing Competence Definitions
Adopt
21 NCAC 38 .0801
Continuing Competence Requirements for Licensure
Adopt
21 NCAC 38 .0802
Approval of Activities for Maintaining Continuing Competence
Adopt
21 NCAC 38 .0803
Scope of Qualified Activities for Maintaining Continuing ...
Adopt
21 NCAC 38 .0804
Qualified Activities for Maintaining Continuing Competence
Adopt
21 NCAC 38 .0805
Waiver of Requirements
Adopt
21 NCAC 38 .0806
Documentation/Reporting Procedures
Adopt
21 NCAC 38 .0807
Audit of Continuing Competence Activities
Adopt
21 NCAC 38 .0808
Notification of Supervision Change
Adopt
21 NCAC 38 .0901
Supervision is an Interactive Process
Adopt
21 NCAC 38 .0902
Types of Supervision
Adopt
21 NCAC 38 .0903
Documentation of Supervision
Adopt
21 NCAC 38 .0904
Delineation of Clinical Responsibilities
Adopt
21 NCAC 38 .0905
Limited Permit Defined
Adopt
21 NCAC 38 .1001
Supervision of Limited Permittee
Adopt
21 NCAC 38 .1002
Service Competency of Limited Permittee
Adopt
21 NCAC 38 .1003
Signature of Limited Permittee
Adopt
21 NCAC 38 .1004
Board Notification
Adopt
21 NCAC 38 .1005
Responsibility of the Occupational Therapy Practitioner
Adopt
21 NCAC 38 .1101
Delegation of Duties to Unlicensed Personnel
Adopt
21 NCAC 38 .1102
Community Colleges, Board of (retired)
The rules in Subchapter 2E cover educational programs including program classification (.0100); curriculum programs (.0200); adult, extension, and community service programs (.0300); industrial services (.0400); articulation (.0500); and vocational curriculum (.0600).
Courses and Standards for Curriculum Programs
Amend
23 NCAC 02E .0204
State Personnel Commission (retired)
The rules in Chapter 1 are from the State Personnel Commission. The rules in Subchapter 1C concern personnel administration including employment (.0100); general employment policies (.0200); personnel records and reports (.0300); appointment (.0400); work schedule (.0500); competitive service (.0600); secondary employment (.0700); requirements for teleworking programs (.0800); employee recognition programs (.0900); and separation (.1000).
Temporary Employment Services
Adopt
25 NCAC 01C .0216
Office of State Personnel Temporary Employment Service
Adopt
25 NCAC 01C .0217
Temporary Appointment
Amend
25 NCAC 01C .0405
Temporary Part-time Appointment
Repeal
25 NCAC 01C .0407