SUBCHAPTER 59B ‑ DISTRICT PROGRAMS: REORGANIZATION AND EXPENSES

02 NCAC 59B .0101          STEPS TO BE FOLLOWED IN DIVIDING LARGE DISTRICTS

The division of large districts shall proceed as follows:

(1)           Petition to divide the district submitted by the Board of District Supervisors to the commission;

(2)           District board notified of approval;

(3)           New board applies to the Secretary of State for certificate of organization:

(a)           forms sent to supervisors by the commission;

(b)           supervisors sign application, have it notarized, and return it to the commission;

(c)           Secretary of State issues certificate of organization;

(4)           Board of supervisors organized in accordance with North Carolina law;

(a)           additional board members appointed by the commission upon recommendation of board members;

(b)           chairman, vice‑chairman, and secretary‑treasurer elected;

(5)           Supervisors informed of their duties and responsibilities and of the availability of commission assistance;

(6)           District program and work plan developed;

(7)           District board formally adopts district program and work plan;

(8)           Basic memorandum of understanding signed by district and U.S. Department of Agriculture on form supplied by the commission;

(9)           Supplemental memorandum of understanding signed by district and U.S. Soil Conservation Service on form supplied by the Soil Conservation Service;

(10)         Memorandum of understanding signed by District and Division of Forestry on form supplied by the commission;

(11)         District annual plan of operations developed;

(12)         District supervisors now assume responsibility for the district program.

History Note:        Authority G.S. 106-840; 139‑14;

Eff. February 1, 1976;

Amended Eff. July 1, 1988; October 1, 1984; September 1, 1982;

Transferred from 15A NCAC 06B .0101 Eff. May 1, 2012;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 59B .0102          AUTHORIZATION OF GENERAL EXPENSES FOR GRANT‑MATCHING

Each district embracing a single county, and each county committee of a district embracing more than one county, has the authority to receive, from the "general expenses" category of the commission budget during any fiscal year a disbursement, calculated with reference to the amount appropriated to the district by the county.

The following formula controls disbursement of funds:

Given:

appropriation = total appropriation by state legislature

for this matching fund program

base rate =           appropriation

______________________

number of counties in state

x = amount received from county funds

y = amount of state funds commission will disburse to district

Group A = county programs receiving county funds less than or

equal to the base rate

Group B = county programs receiving county funds greater than

the base rate

Formula:

For any county program in Group A:

if x < base rate, then y = x

For any county program in Group B:

if x > base rate, then y =

appropriation ‑ amount disbursed to Group A

___________________________

number of counties in Group B

Example:  If a state with three counties appropriated $9000 for the matching fund program, and if County #1 appropriated no funds, County #2 $3000, and County #3 $25,000, then the commission's disbursement would proceed as follows:

County #1                0

County #2            $3000

County #3            $6000

History Note:        Authority G.S. 106-840; 139‑4(d);

Eff. February 1, 1976;

Amended Eff. November 1, 1978;

Emergency Amendment Eff. September 11, 1980 for a Period of 120 Days to Expire January 8, 1981;

Emergency Amendment Made Permanent [with change] Eff. December 5, 1980;

Amended Eff. September 1, 1982;

Transferred from 15A NCAC 06B .0102 Eff. May 1, 2012;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 59B .0103          REQUIREMENT FOR DISBURSEMENTS

The commission shall not disburse "general expense" funds until the district submits an "Application", Form 203, requesting the funds, properly signed by the chairman of the district or of the county committee, and properly notarized and signed by a county official stipulating the amount of county funds appropriated for the district.

History Note:        Authority G.S. 106-840; 139‑4(d);

Eff. February 1, 1976;

Amended Eff. September 1, 1988; September 1, 1982;

Transferred from 15A NCAC 06B .0103 Eff. May 1, 2012;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 59B .0104          LIMITATION OF FUNDS

The districts may not budget or spend general expense funds for:

(1)           supervisor travel and per diem in excess of those normally paid by the commission;

(2)           area dues;

(3)           state association dues; or

(4)           NACD dues.

History Note:        Authority G.S. 106-840; 139‑4(d);

Eff. February 1, 1976;

Amended Eff. September 1, 1982;

Transferred from 15A NCAC 06B .0104 Eff. May 1, 2012;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.