19A NCAC 02D .1003      PARTICIPATION IN THE PROGRAM

(a)  The adoption of a section of highway is a privilege in consideration for public service that may be granted by the Department to individuals or groups who would assist the Adopt‑A‑Highway Program in achieving its purpose.

(b)  Only individuals or groups determined by the Department to exhibit in good faith the willingness and the capacity to perform the responsibilities of the Program will be allowed to adopt a highway.  The Department may refuse to grant a request to adopt a section of highway if, in its opinion, granting the request would jeopardize the Program, be counterproductive to its purpose as set out in Rule 02D.1001 of this Section, or create a hazard to the safety of Department employees or the public.  Highway safety is a principal concern in all decisions related to the Program.  Program participants shall not be discriminated against on the basis of religion, race, national origin, sex or handicap (except where the handicap would affect the individual's safe participation in the Program) with respect to their participation in the Program.

(c)  The Division Engineer or his designee shall approve applications of individuals or groups applying to participate in the Program.  A list of the newly approved participants, by division, shall be submitted to the Program Director for review on the first of each month.  The approval of the Division Engineer is final unless the applications are disapproved by the Program Director by the first day of the next calendar month.  If the Division Engineer has any uncertainty regarding the qualifications of the individual or group applying to the Program, the Division Engineer shall submit the application and all accompanying documents to the Program Director for final action.

(d)  Agreements of adoption shall be for a period of four years.

(e)  Each person participating in the Program shall execute a written release of the Department, its officials, employees and agents from any liability arising out of his or her participation in the Program.  In the case of a minor, such release shall be executed by a parent or guardian.

(f)  Program participants may put recyclable plastic, cans, and glass in blue bags which are furnished by the department and may keep the proceeds received for the recycled materials.

History Note:        Authority G.S. 136-140.1; 143B-350;

Eff. November 1, 1991;

Amended Eff. August 1, 2002; November 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.