Generated 11/22/2017 at 12:00 AM
Commission Review
Log of Temporary Rule Filings
December 20, 2013 through January 14, 2014
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).
Operations
Amend
10A NCAC 27G .6702
Subchapter 27H concerns miscellaneous rules including admission procedures for minors or incompetent persons to nonrestrictive treatment facilities (.0100); training and registration of forensic evaluators (.0200); Hepatitis B screening and vaccination of residents and employees in group homes for developmentally disabled persons (.0300); client eligibility (.0400); surrogate parents for infants and toddlers in early intervention services (.0500); and continuity of care (.0600).
Scope
Amend
10A NCAC 27H .0201
Definitions
Amend
10A NCAC 27H .0202
Eligibility for Training
Amend
10A NCAC 27H .0203
Training and Certification
Amend
10A NCAC 27H .0204
LME-MCO Oversight of Forensic Evaluation Program
Amend
10A NCAC 27H .0205
Termination of Certification
Amend
10A NCAC 27H .0206
Duties of Certified Forensic Evaluator
Amend
10A NCAC 27H .0207
Hearing Aid Dealers and Fitters Board
The rules in Subchapter 22F concern general examination and license provisions.
Qualifications to Register for Exam
Amend
21 NCAC 22F .0104
Passing Examination
Amend
21 NCAC 22F .0105
Apprenticeship Requirements
Repeal
21 NCAC 22F .0113
Training and Supervision
Repeal
21 NCAC 22F .0114
Sponsors' Duties
Repeal
21 NCAC 22F .0115
Separation of Apprentice and Sponsor
Repeal
21 NCAC 22F .0116
Apprenticeship Requirements
Adopt
21 NCAC 22F .0301
Sponsors' Duties
Adopt
21 NCAC 22F .0302
Certificate Expiration
Adopt
21 NCAC 22F .0303
Separation of Apprentice and Sponsor
Adopt
21 NCAC 22F .0304
Report of Apprenticeship Experience
Adopt
21 NCAC 22F .0305
Apprentice Discipline
Adopt
21 NCAC 22F .0306
The rules in Subchapter 22J concern code of ethics.
Scope of Practice
Adopt
21 NCAC 22J .0116
State Human Resources Commission
The rules in Subchapter 1B are from the state personnel commission and concern general provisions (.0100); rule-making (.0200); contested case hearing procedures (.0300); and appeal to the commission (.0400).
Time Frame for Raising Allegation of Discrimination
Amend
25 NCAC 01B .0350
Exercise of Commission Discretion
Amend
25 NCAC 01B .0413
Situations in Which Attorney's Fees May Be Awarded
Amend
25 NCAC 01B .0414
Recommendation of Disciplinary Action
Amend
25 NCAC 01B .0429
Removal of Material from Personnel File
Amend
25 NCAC 01B .0430
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).
Employee Objection to Material in File
Repeal
25 NCAC 01C .0311
Trainee Appointments
Amend
25 NCAC 01C .0403
Probationary Appointments
Amend
25 NCAC 01C .0404
Types of Appointments Providing Probationary Period
Amend
25 NCAC 01C .0411
Personnel Changes Subject to/not Subject to a Probationar...
Repeal
25 NCAC 01C .0412
The rules in Subchapter 1D are the rules dealing with compensation and include administration of the pay plan (.0100); new appointments (.0200); promotion (.0300); demotions or reassignments (.0400); separation (.0500); reallocation (.0600); salary range revision (.0700); initial classification (.0800); transfer (.0900); reinstatement (.1000); longevity pay (.1200); holiday premium pay (.1300); shift premium pay (.1400); emergency call-back pay (.1500); foreign service pay (.1600); employment of physicians for extended duty (.1800); hours of work and overtime compensation (.1900); unemployment insurance (.2000); special salary adjustments (.2100); comprehensive compensation system (.2500); and in-range salary adjustments (.2600).q
Initial Employment
Amend
25 NCAC 01D .0201
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).
Approved Holidays
Amend
25 NCAC 01E .0901
The rules in Subchapter 1H concern recruitment and selection including general provisions (.0600); general provision for priority consideration (.0700); promotional priority (.0800); reduction-in-force-priority reemployment (.0900); exempt priority consideration (.1000); and veteran's preference (.1100).
Reduction in Force Application and Appeal
Amend
25 NCAC 01H .0901
Requirements for Reduction in Force Priority Consideration
Amend
25 NCAC 01H .0902
Agency and Employee Responsibilities
Amend
25 NCAC 01H .0904
Office of State Human Resources Responsibilities
Amend
25 NCAC 01H .0905
Exempt Priority Consideration-Policy and Scope
Amend
25 NCAC 01H .1001
Agency Responsibilities
Repeal
25 NCAC 01H .1003
Office of State Personnel Responsibilities
Repeal
25 NCAC 01H .1004
Mandatory Right to a Position
Amend
25 NCAC 01H .1005
The rules in Subchapter 1I concern service to local government including local government employment policies (.1700); general provisions (.1800); recruitment and selection (.1900); appointment and separation (.2000); compensation (.2100); hours of work and overtime compensation (.2200); disciplinary action, suspension, dismissal and appeals (.2300); and basic requirements for a substantially equivalent personnel system (.2400).
Types of Appointments and Duration
Amend
25 NCAC 01I .2002
The rules in Subchapter 1J cover employee grievances (.0500); disciplinary actions including suspensions and dismissals (.0600); Governor's Award for Excellence (.0800); internal performance pay dispute resolution procedures (.0900); state employees assistance program (.1000); unlawful workplace harassment (.1100); employee grievances (.1200); employee appeals and grievance process (.1300); and employee mediation and grievance process (.1400).
Appeals
Amend
25 NCAC 01J .0603
Written Warning
Amend
25 NCAC 01J .0610
Investigatory Leave
Amend
25 NCAC 01J .0615
Credentials
Adopt
25 NCAC 01J .0616
Unlawful Workplace Harassment and Retaliation
Repeal
25 NCAC 01J .1101
General Provisions
Repeal
25 NCAC 01J .1201
Agency Responsibilities
Repeal
25 NCAC 01J .1202
Agency Grievance Reports
Repeal
25 NCAC 01J .1203
Discrimination and Retaliation/Special Provisions
Repeal
25 NCAC 01J .1204
Unlawful Workplace Harassment
Repeal
25 NCAC 01J .1205
Time Limits
Repeal
25 NCAC 01J .1206
Final Agency Action
Repeal
25 NCAC 01J .1207
Leave In Connection with Grievances
Repeal
25 NCAC 01J .1208
Minimum Procedural Requirements
Repeal
25 NCAC 01J .1301
General Agency Grievance Procedure Requirements
Adopt
25 NCAC 01J .1302
Agency and University Grievance Reports and Data Entry
Adopt
25 NCAC 01J .1303
Settlements/Consent Agreements in Grievances, Contested C...
Adopt
25 NCAC 01J .1304
Office of State Human Resources Review and Approval of Fi...
Adopt
25 NCAC 01J .1305
Back Pay
Adopt
25 NCAC 01J .1306
Front Pay
Adopt
25 NCAC 01J .1307
Causes for Reinstatement
Adopt
25 NCAC 01J .1312
Suspension Without Pay
Adopt
25 NCAC 01J .1313
Discrimination, Harassment, or Retaliation
Adopt
25 NCAC 01J .1314
Voluntary Programs or Benefits
Adopt
25 NCAC 01J .1315
Remedies for Procedural Violations
Adopt
25 NCAC 01J .1316
Remedies: Salary Adjustments
Adopt
25 NCAC 01J .1317
Certain Remedies not Available
Adopt
25 NCAC 01J .1318
Situations in Which Attorney's Fees May be Awarded
Adopt
25 NCAC 01J .1319
Attorney's Fees may be Awarded as a Result of a Settlement
Adopt
25 NCAC 01J .1320
Establishment of Reasonable Attorney's Fees by Commission
Adopt
25 NCAC 01J .1321
Minimum Procedural Requirements
Repeal
25 NCAC 01J .1401
Flexibility
Repeal
25 NCAC 01J .1402
Informal Meeting with Supervisor
Repeal
25 NCAC 01J .1403
Mediation Procedure
Repeal
25 NCAC 01J .1404
Conclusion of Mediation
Repeal
25 NCAC 01J .1405
Limitations on a Mediation Agreement
Repeal
25 NCAC 01J .1406
Post Mediation
Repeal
25 NCAC 01J .1407
Employee Responsibilities for Mediation
Repeal
25 NCAC 01J .1408
Agency Responsibilities for Mediation
Repeal
25 NCAC 01J .1409
Office of State Personnel Responsibilities
Repeal
25 NCAC 01J .1410
Agency Procedural Requirements for Employee Mediation and...
Repeal
25 NCAC 01J .1411
Office of State Personnel Responsibilities for Employee M...
Repeal
25 NCAC 01J .1412