Generated 5/25/2018 at 2:45 AM
Commission Review
Log of Permanent Rule Filings
April 21, 2010 through May 20, 2010
Agriculture, Commissioner of
The rules in Chapter 9 are from the Food and Drug Protection Division. The rules in Subchapter 9M concern Drugs.
Adoption by Reference
Adopt
02 NCAC 09M .0102
Duty to Verify Suppliers
Adopt
02 NCAC 09M .0103
Agriculture, Board of
The rules in Chapter 20 concern the North Carolina State Fair. The rules in Subchapter 20B concern regulations of the state fair including general provisions (.0100); space rental: commercial exhibit and concession regulations (.0200); competitive exhibit regulations (.0300); and operation of state fair facilities (.0400).
Admission Rules
Amend
02 NCAC 20B .0104
Structural Pest Control Committee
The rules in Chapter 34 are from the Structural Pest Control Committee and include introduction and definitions (.0100); the structural pest control committee (0200); licensing and certification (.0300); public safety (.0400); wood-destroying organisms (.0500); wood-destroying organisms agreements (.0600); household pesticides (.0700); fumigation (.0800); duties and responsibilities of licensee (.0900); time for filing complaints (.1000); inspection fees (.1100); and administrative hearings: contested cases (.1200).
Subphase P, W, and F Consultant's Licensure
Adopt
02 NCAC 34 .0331
Subterranean Termite Control: Buildings After Constructed
Amend
02 NCAC 34 .0503
Re-Inspections
Amend
02 NCAC 34 .1103
Agriculture, Board of
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).
Fees
Amend
02 NCAC 48A .1205
Collected Plant Certificate
Amend
02 NCAC 48A .1209
The rules in Subchapter 52B cover animal diseases, treatment, and protection including quarantine (.0100), admission of livestock to North Carolina (.0200), brucellosis regulations (.0300), equine infectious anemia (.0400), poultry diseases (.0500), poultry hatcheries (.0600); and scrapie disease (.0700).
Importation Requirements: Avian Species
Repeal
02 NCAC 52B .0210
Health Regulations for Poultry Exhibitions
Amend
02 NCAC 52B .0502
Avian Influenza (H5N2)
Repeal
02 NCAC 52B .0505
Entry of Avian Species into the State of North Carolina
Amend
02 NCAC 52B .0603
Poultry and Ratite Dealers: Licensing and Records
Adopt
02 NCAC 52B .0608
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).
Definitions
Amend
10A NCAC 09 .0102
Application for a License for a Child Care Center
Amend
10A NCAC 09 .0302
On-Going Requirements for a Permit
Amend
10A NCAC 09 .0304
Staff/Child Interactions
Adopt
10A NCAC 09 .0501
Developmental Day Centers
Amend
10A NCAC 09 .0505
Activity Schedules and Plans for Centers
Amend
10A NCAC 09 .0508
Activities: General Requirements for Centers
Amend
10A NCAC 09 .0509
Activity Areas: Preschool Children Two Years and Older
Amend
10A NCAC 09 .0510
Activities for Children Two Years of Age
Amend
10A NCAC 09 .0511
General Safety Requirements
Amend
10A NCAC 09 .0604
Safe Sleep Policy
Amend
10A NCAC 09 .0606
Health Standards for Staff
Amend
10A NCAC 09 .0701
Standards for Substitutes and Volunteers
Amend
10A NCAC 09 .0702
Emergency Medical Care
Amend
10A NCAC 09 .0802
General Nutrition Requirements
Amend
10A NCAC 09 .0901
Aquatic Activities
Amend
10A NCAC 09 .1403
Building Approval for School-Aged Children
Repeal
10A NCAC 09 .1505
Application for a License for a Family Child Care Home
Amend
10A NCAC 09 .1702
Caregiver Interactions
Adopt
10A NCAC 09 .1703
Requirements for Daily Operations
Amend
10A NCAC 09 .1718
Requirements for Records
Amend
10A NCAC 09 .1721
Safe Sleep Policy
Amend
10A NCAC 09 .1724
Administrative Penalties General Provision
Amend
10A NCAC 09 .2201
Retention of Forms and Reports by a Child Care Operator
Amend
10A NCAC 09 .2318
Scope
Amend
10A NCAC 09 .2501
Special Provisions for Licensure
Amend
10A NCAC 09 .2502
Building Code Requirements
Amend
10A NCAC 09 .2503
Space Requirements
Amend
10A NCAC 09 .2504
Health Requirements for Children
Amend
10A NCAC 09 .2505
General Safety Requirements
Amend
10A NCAC 09 .2506
Age Appropriate Activities
Amend
10A NCAC 09 .2508
Staff Qualifications
Amend
10A NCAC 09 .2510
Scope
Amend
10A NCAC 09 .2801
Application for a Voluntary Rated License
Amend
10A NCAC 09 .2802
Program Standards for a Three Component Rated License for...
Repeal
10A NCAC 09 .2803
Staff/Child Ratios for a Three Component Rated License
Repeal
10A NCAC 09 .2810
Education Standards for a Rated Licensue for Child Care C...
Repeal
10A NCAC 09 .2811
Education Standards for Centers that Provide Care Only to...
Repeal
10A NCAC 09 .2812
Compliance History Standards for a Rated License for Chil...
Repeal
10A NCAC 09 .2813
Program Standards for a Rated License for Family Child Ca...
Repeal
10A NCAC 09 .2814
Education Standards for a Rated License for Family Child ...
Repeal
10A NCAC 09 .2815
Compliance History Standards for a Rated License for Fami...
Repeal
10A NCAC 09 .2816
Scope
Adopt
10A NCAC 09 .2901
License
Adopt
10A NCAC 09 .2902
Staff Qualifications
Adopt
10A NCAC 09 .2903
Program Requirements
Adopt
10A NCAC 09 .2904
Family Services
Adopt
10A NCAC 09 .2905
Insurance, Department of
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).
Review/Audit of Third Party Administrators
Adopt
11 NCAC 12 .0332
Refund of Unearned Premium for Credit Insurance
Adopt
11 NCAC 12 .0714
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).
Fees for Licenses and Trainee Permits
Amend
12 NCAC 07D .0202
Fees for Unarmed Security Guard Registration
Amend
12 NCAC 07D .0702
Fees for Armed Security Guard Firearm Registration Permit
Amend
12 NCAC 07D .0802
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).
Renewal or Re-issue of License
Amend
12 NCAC 11 .0204
Renewal or Reregistration of Registration
Amend
12 NCAC 11 .0306
Accreditation Standards
Amend
12 NCAC 11 .0503
Environmental Management Commission
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).
Large Municipal Waste Combustors
Adopt
15A NCAC 02D .1205
Small Municipal Waste Combustors
Adopt
15A NCAC 02D .1212
Environment and Natural Resources, Department of
The rules in Subchapter 12B concern parks and recreation areas including general provisions (.0100); preservation of the park (.0200); bathing (.0300); refuse and rubbish (.0400); traffic and parking (.0500); boating and camping (.0600); sports and games (.0700); hunting and fishing (.0800); firearms, explosives, fires, etc. (.0900); disorderly conduct, public nuisance, etc. (.1000); commercial enterprises, advertising, meetings, exhibitions, etc. (.1100); and miscellaneous (.1200).
Fees and Charges
Amend
15A NCAC 12B .1206
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).
Premises: Miscellaneous Vermin Control
Amend
15A NCAC 18A .2633
Transportation, Department of
The rules in Chapter 3 are from the Division of Motor Vehicles. The rules in Subchapter 3D are from the enforcement section and include general information (.0100); motor vehicle dealer, sales, distributor and factory representative licenses (.0200); motor vehicle thefts (.0300); notice of sale and stored vehicles (.0400); general information regarding safety inspection of motor vehicles (.0500); weight of vehicles and registration enforcement (.0600); approval of motor vehicles safety equipment (.0700); safety rules and regulations (.0800); and approval of sun screening devices (.0900).
Definitions
Amend
19A NCAC 03D .0517
Licensing of Safety or Exhaust Emissions Inspection Stations
Amend
19A NCAC 03D .0518
Stations
Amend
19A NCAC 03D .0519
Certified Public Accountant Examiners, Board of
The rules in Subchapter 8H are reciprocity rules.
Use of CPA Title
Repeal
21 NCAC 08H .0105
Non-Resident Notification
Repeal
21 NCAC 08H .0106
The rules in Subchapter 8J concern renewals and registrations.
Forfeiture or Inactivation of Certificate and Reissuance ...
Amend
21 NCAC 08J .0106
The rules in Subchapter 8K concern professional corporations and professional limited liability companies including general provisions (.0100); and practice procedures of professional corporations and professional limited liability companies (.0200) and registered limited liability partnerships (.0300).
Registration and Renewal
Amend
21 NCAC 08K .0104
The rules in Chapter 8 are from the N C State Board of Certified Public Accountant Examiners. The rules in Subchapter 8N are professional ethics and conduct rules including scope and applicability (.0100); rules applicable to all CPAs (.0200); rules applicable to CPAs who use the CPA title in offering or rendering products or services to clients (.0300); and rules applicable to CPAs performing attest services (.0400).
Accounting Principles
Amend
21 NCAC 08N .0209
Forecasts
Amend
21 NCAC 08N .0210
Responsibilities in Tax Practice
Amend
21 NCAC 08N .0211
Outsourcing to Third-Party Service Providers
Amend
21 NCAC 08N .0214
Consulting Services Standards
Amend
21 NCAC 08N .0304
Valuation Services Standards
Amend
21 NCAC 08N .0308
Auditing Standards
Amend
21 NCAC 08N .0403
Accounting and Review Services Standards
Amend
21 NCAC 08N .0404
Governmental Accounting Standards
Amend
21 NCAC 08N .0405
Attestation Standards
Amend
21 NCAC 08N .0406
Cosmetic Art Examiners, Board of
The rules in Subchapter 14A are the Cosmetic Art Board of Examiners departmental rules including organizational rules (.0100); and license renewal waiver for armed forces (.0400).
Definitions
Amend
21 NCAC 14A .0101
Office Hours
Repeal
21 NCAC 14A .0103
The rules in Subchapter 14B concern rule-making procedures including petitions for rule-making (.0100); notice (.0200); hearings (.0300); declaratory rulings (.0500); and fees (.0600).
Cosmetologist License Fee and Staggered License Renewal S...
Amend
21 NCAC 14B .0605
The rules in Chapter 14 are from the Cosmetic Art Examiners. The rules in Subchapter 14F govern all aspects of licensing a beauty salon.
Dimensions of Beauty Salon
Amend
21 NCAC 14F .0107
The rules in Subchapter 14G give the requirements for the establishment of cosmetic art schools.
Condition of Equipment
Amend
21 NCAC 14G .0112
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).
Bathroom Facilities
Amend
21 NCAC 14H .0110
Animals
Amend
21 NCAC 14H .0117
The rules in Chapter 14 are from the Board of Cosmetic Art Examiners. The rules in Subchapter 14I govern the operation of cosmetic art schools including record keeping (.0100); the reception area (.0200); classrooms (.0300); and licensure of convicted felons (.0400).
Permanent Files
Amend
21 NCAC 14I .0101
Inspection Reports and Reports of Student Hours
Amend
21 NCAC 14I .0103
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).
Storing and Labeling of Cosmetics
Amend
21 NCAC 14J .0203
The rules in Subchapter 14K deal with the manicurist curriculum.
Live Model Performances
Amend
21 NCAC 14K .0107
The rules in Subchapter 14P are civil penalty rules.
Licenses Required
Amend
21 NCAC 14P .0106
The rules in Subchapter 14R are continuing education rules.
Continuing Education Requirements
Amend
21 NCAC 14R .0101
Application Criteria and Continuing Education Course Appr...
Amend
21 NCAC 14R .0102
Criteria for Continuing Education Courses
Amend
21 NCAC 14R .0103
The rules in Subchapter 14S concern natural hair care curriculum.
Uniform
Adopt
21 NCAC 14S .0101
Time Requirements According to Hours
Adopt
21 NCAC 14S .0102
Approved Field Trips
Adopt
21 NCAC 14S .0103
Equipment for Beginner Department
Adopt
21 NCAC 14S .0104
Storing and Labeling of Cosmetics
Adopt
21 NCAC 14S .0105
Equipment
Adopt
21 NCAC 14S .0106
Performances
Adopt
21 NCAC 14S .0107
Students' Personal Supplies
Adopt
21 NCAC 14S .0108
Tests
Adopt
21 NCAC 14S .0109
Approval of Credit for Natural Hair Care Instruction/Anot...
Adopt
21 NCAC 14S .0110
Services Performed
Adopt
21 NCAC 14S .0111
Licensing of Natural Hair Care Specialists
Adopt
21 NCAC 14S .0112
Dental Examiners, Board of
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).
Board Conducted Reexamination
Amend
21 NCAC 16C .0405
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).
Credentials and Permits for Moderate Conscious Sedation, ...
Amend
21 NCAC 16Q .0301
Clinical Requirements and Equipment
Amend
21 NCAC 16Q .0302
Nursing, Board of
The rules in Chapter 36 include rules relating to general provisions (.0100); licensure (.0200); approval of nursing programs (.0300); unlicensed personnel and nurses aides (.0400); professional corporations (.0500); articles of organization (.0600); nurse licensure compact (.0700); and approval and practice parameters for nurse practitioners (.0800).
Listing and Renewal
Amend
21 NCAC 36 .0404
Engineers and Surveyors, Board of Examiners for
The rules in Chapter 56 concern the organization of the board (.0100); instructional programs (.0300); records and reports of the board, retention and dispositions (.0400); professional engineer (.0500); professional land surveyor (.0600); rules of professional conduct (.0700); firm registration (.0800); general business entities (.0900); temporary permit (.1000); seal (.1100); rulemaking proceedings (.1200); board disciplinary procedures (.1300); contested cases (.1400); fees (.1500); standards of practice for land surveying in North Carolina (.1600); and continuing professional competency (.1700).
Expirations and Renewals of Certificates
Amend
21 NCAC 56 .0505
Expirations and Renewals of Certificates
Amend
21 NCAC 56 .0606
Annual Renewal
Amend
21 NCAC 56 .0804
Environmental Health Specialist Examiners, Board of
The rules in Chapter 62 are from the Board of Environmental Health Specialist Examiners including organization (.0100); rulemaking procedures (.0200); contested cases (.0300); rules of operation (.0400).
Meetings
Repeal
21 NCAC 62 .0102
Secretary-Treasurer
Repeal
21 NCAC 62 .0104
Petition for Rulemaking
Amend
21 NCAC 62 .0201
Notice
Repeal
21 NCAC 62 .0202
Hearings
Repeal
21 NCAC 62 .0203
Justification of Rulemaking Decision
Repeal
21 NCAC 62 .0204
Record of Rulemaking Proceedings
Repeal
21 NCAC 62 .0205
Fees
Repeal
21 NCAC 62 .0206
Declaratory Rulings
Repeal
21 NCAC 62 .0208
Opportunity for an Administrative Hearing
Repeal
21 NCAC 62 .0301
Request for a Hearing
Repeal
21 NCAC 62 .0302
Notice
Repeal
21 NCAC 62 .0305
Intervention
Repeal
21 NCAC 62 .0306
Change of Venue
Repeal
21 NCAC 62 .0307
Disqualification of Board Members
Repeal
21 NCAC 62 .0308
Failure to Appear
Repeal
21 NCAC 62 .0309
Continuances
Repeal
21 NCAC 62 .0310
Pre-Hearing Conference
Repeal
21 NCAC 62 .0314
Simplification of Issues
Repeal
21 NCAC 62 .0315
Subpoenas
Repeal
21 NCAC 62 .0316
Transcripts
Repeal
21 NCAC 62 .0317
Record of Contested Cases
Repeal
21 NCAC 62 .0319
Statutory Authority and Definitions
Amend
21 NCAC 62 .0401
Applications
Amend
21 NCAC 62 .0402
Examination
Amend
21 NCAC 62 .0403
Disciplinary Action
Amend
21 NCAC 62 .0404
Authorized Expenditures and Fees
Amend
21 NCAC 62 .0405
Renewal
Amend
21 NCAC 62 .0407
Public Inspection
Repeal
21 NCAC 62 .0408
Specialized Training
Amend
21 NCAC 62 .0411
Environmental Health Specialist Intern Experience
Amend
21 NCAC 62 .0414
Code of Ethics
Adopt
21 NCAC 62 .0415