Generated 11/20/2018 at 6:45 PM
Commission Review
Log of Permanent Rule Filings
February 23, 2010 through March 22, 2010
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).
Certification/Recertification Fee
Amend
02 NCAC 09L .1111
Banks, Office of the Commissioner of
The rules in Chapter 3 are from the Banking Commission or the Commissioner of Banks. The rules in Subchapter 3M concern mortgage lending including general mortgage lending (.0100); licensing (.0200); education and examinations (.0300); reporting and notification requirements (.0400); record and bookkeeping requirements (.0500), origination practices (.0600); and servicing (.0700).
Definitions
Amend
04 NCAC 03M .0101
Notices
Amend
04 NCAC 03M .0102
Application
Amend
04 NCAC 03M .0201
Nontransferability
Amend
04 NCAC 03M .0202
Experience
Amend
04 NCAC 03M .0204
Financial Responsibility
Amend
04 NCAC 03M .0205
Surety Bond
Amend
04 NCAC 03M .0206
Approval of Providers and Programs and Course of Study; P...
Amend
04 NCAC 03M .0301
Mortgage Loan Originator Qualified Written Test
Repeal
04 NCAC 03M .0302
Requirements for Providers
Repeal
04 NCAC 03M .0303
Annual Reporting Requirements
Amend
04 NCAC 03M .0401
Amendments to Information on File With the Commissioner
Amend
04 NCAC 03M .0402
Termination of Operations
Amend
04 NCAC 03M .0403
Records to be Maintained
Amend
04 NCAC 03M .0501
Form and Location of Records
Amend
04 NCAC 03M .0502
Deceptive Solicitation for Refinance
Adopt
04 NCAC 03M .0604
Transfer of Servicing Rights
Adopt
04 NCAC 03M .0701
Requirements for Mortgage Services to Communicate Effecti...
Adopt
04 NCAC 03M .0702
Cessation of Foreclosure Activity During Pendency of Loss...
Adopt
04 NCAC 03M .0703
Social Services Commission
The rules in Chapter 70 concern children's services. The rules in Subchapter 70F concern maternity homes and children's camps including general provisions (.0100); and organization and administration (.0200).
Responsibilities of the Governing Body
Amend
10A NCAC 70F .0202
Finances, Fees and Insurance
Amend
10A NCAC 70F .0203
Staff
Amend
10A NCAC 70F .0207
The rules in Subchapter 70G concern foster care agencies and placements including general provisions (.0400); minimum licensing standards (.0500); and best practice standards (.0300).
Personnel
Amend
10A NCAC 70G .0501
Client Records
Amend
10A NCAC 70G .0506
The rules in Subchapter 70H concern adoption agencies including scope (.0200); applicability (.0300); and minimum licensing standards (.0400).
Personnel
Amend
10A NCAC 70H .0401
The rules in Subchapter 70I concern the minimum licensing standards for residential child-care including general licensing requirements (.0100); minimum licensure standards (.0200); organization and administration (.0300); personnel (.0400); service planning (.0500); service delivery (.0600); buildings, grounds and equipment (.0700); best practice standards (.0800); and physical plant (.0900).
Responsibilities of the Governing Body
Amend
10A NCAC 70I .0302
Personnel Qualifications
Amend
10A NCAC 70I .0404
Personnel Positions
Amend
10A NCAC 70I .0405
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).
Fees for Registration
Amend
12 NCAC 11 .0302
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).
Randleman Lake Water Supply Watershed: Nutrient Managemen...
Amend
15A NCAC 02B .0248
Randleman Lake Water Supply Watershed: Protection and Mai...
Amend
15A NCAC 02B .0250
Randleman Lake Water Supply Watershed: Mitigation Program...
Adopt
15A NCAC 02B .0252
Sedimentation Control Commission
The rules in Chapter 4 concern sedimentation control. The rules in Subchapter 4B concern erosion and sediment control.
Self-Inspections
Adopt
15A NCAC 04B .0131
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).
Approval Procedures
Amend
15A NCAC 07H .2302
Permit Fee
Amend
15A NCAC 07H .2303
General Conditions
Amend
15A NCAC 07H .2304
Specific Conditions
Amend
15A NCAC 07H .2305
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 10B are hunting and trapping rules and cover general hunting and wildlife provisions (.0100), hunting specific animals (.0200), trapping (.0300), and tagging furs (.0400).
Importation of Wild Animals and Birds
Amend
15A NCAC 10B .0101
Importation of Wild Animals and Birds
Amend
15A NCAC 10B .0101
Wildlife Taken for Depredations or Accidentally
Amend
15A NCAC 10B .0106
Big Game Kill Reports
Amend
15A NCAC 10B .0113
Wild Birds Defined
Amend
15A NCAC 10B .0121
State Hunting License Exemptions
Adopt
15A NCAC 10B .0126
Bear
Amend
15A NCAC 10B .0202
Squirrels
Amend
15A NCAC 10B .0206
Armadillo
Adopt
15A NCAC 10B .0222
Open Seasons
Amend
15A NCAC 10B .0302
Tagging Furs
Amend
15A NCAC 10B .0402
Trappers and Hunters
Amend
15A NCAC 10B .0404
Fur Dealers
Amend
15A NCAC 10B .0405
Misuse of Tags
Amend
15A NCAC 10B .0406
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
Open Seasons: Creel and Size Limits
Amend
15A NCAC 10C .0305
Manner of Taking Non-game Fishes: Purchase and Sale
Amend
15A NCAC 10C .0401
Taking Non-game Fishes for Bait or Personal Consumption
Amend
15A NCAC 10C .0402
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 Regarding Use
Amend
15A NCAC 10D .0102
Hunting On Game Lands
Amend
15A NCAC 10D .0103
Fishing on Game Lands
Amend
15A NCAC 10D .0104
The rules in Subchapter 10E concern fishing and boating access areas.
Definition
Amend
15A NCAC 10E .0101
Regulations Posted
Amend
15A NCAC 10E .0102
Use of Areas Regulated
Amend
15A NCAC 10E .0104
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).
Alexander County
Amend
15A NCAC 10F .0332
McDowell County
Amend
15A NCAC 10F .0339
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).
License to Operate
Amend
15A NCAC 10H .0101
Quality of Birds Released
Amend
15A NCAC 10H .0104
General Requirements
Amend
15A NCAC 10H .0301
Minimum Standards
Amend
15A NCAC 10H .0302
Captive Cervid Herd Certification Program
Adopt
15A NCAC 10H .0304
Disposition of Birds or Eggs
Amend
15A NCAC 10H .0904
The rules in Subchapter 10J cover wildlife conservation areas.
General Regulations Regarding Use of Conservation Areas
Amend
15A NCAC 10J .0102
Public Health, Commission for
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
Amend
15A NCAC 18A .2508
Plan Review and Approval
Amend
15A NCAC 18A .2509
Public Swimming Pool Operation Permits
Amend
15A NCAC 18A .2510
Inspections
Amend
15A NCAC 18A .2511
Materials of Construction
Amend
15A NCAC 18A .2514
Design Details
Amend
15A NCAC 18A .2515
Pool Profile
Amend
15A NCAC 18A .2516
Circulation System
Amend
15A NCAC 18A .2518
Ladders, Recessed Steps, and Stairs
Amend
15A NCAC 18A .2521
Depth Markings and Safety Ropes
Amend
15A NCAC 18A .2523
Lighting and Ventilation
Amend
15A NCAC 18A .2524
Fences
Amend
15A NCAC 18A .2528
Wading Pools
Amend
15A NCAC 18A .2531
Spas and Hot Tubs
Amend
15A NCAC 18A .2532
Water Quality Standards
Amend
15A NCAC 18A .2535
Suction Hazard Reduction
Amend
15A NCAC 18A .2539
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).
License Renewal
Amend
21 NCAC 38 .0302
Community Colleges, Board of (retired)
The rules in Chapter 2 concern Community Colleges. The rules in Subchapter 2C deal with the organization and operation of the colleges including trustees and colleges (.0100); personnel (.0200); students (.0300); libraries and learning resource centers (.0400); equipment (.0500); college evaluation (.0600); and civil rights (.0700).
Admission to Colleges
Amend
23 NCAC 02C .0301
Noncertified Source Purchases
Amend
23 NCAC 02C .0505
State Personnel Commission (retired)
The rules in Subchapter 1E cover employee benefits including general leave provisions (.0100); vacation leave (.0200); sick leave (.0300); workers compensation leave (.0700); military leave (.0800); holidays (.0900); miscellaneous leave (.1000); other types of leave without pay (.1100); community involvement (.1200); the voluntary shared leave program (.1300); family and medical leave (.1400); child involvement leave (.1500); community services leave (.1600); administrative leave (.1700) and incentive leave (.1800).
Other Management Approved Leave
Adopt
25 NCAC 01E .1009
Non-Discretionary Types of Other Management Approved Leave
Adopt
25 NCAC 01E .1010
Discretionary Types
Adopt
25 NCAC 01E .1011
Smallpox Vaccination
Repeal
25 NCAC 01E .1701