19A NCAC 02E .0803      SOLICITATION RESTRICTIONS AND REQUIREMENTS

(a)  Any member of an organization duly permitted under these Rules actually engaged in soliciting for contributions must provide and prominently display an identification tag or badge containing all of the following information:

(1)           a photograph;

(2)           name;

(3)           organization; and

(4)           DOT permit number.

(b)  While engaged in the solicitation of contributions, individual solicitors shall orally identify themselves and state which organization they represent.

(c)  Individual solicitors operating under a permit from the department shall be permitted to engage in their solicitation activities only between the hours of 9:00 a.m. and 5:00 p.m. each calendar day except during holidays, when a different time is authorized in the permit.

(d)  Individual solicitors are prohibited from soliciting on any portion of a highway not designated as a rest area or welcome center.

(e)  The area of the rest area which may be used shall be specified in the permit, and shall not impede visitors' access to rest facilities. At the same time, it shall provide visibility of the soliciting group when feasible.

(f)  Individual solicitors may use incidental water and electric utility services at highway rest areas or visitor centers with connections at locations approved by the Division of Highways.

(g)  A permittee shall be limited to one individual solicitor engaged in solicitation activities at each site, and this individual may have the assistance of no more than two other members of the permittee's organization.

(h)  Individual solicitors shall not persist in soliciting after solicitation has been declined, and solicitors shall not solicit State employees who are identifiable as such.

(i)  Individual solicitors shall not harass persons by demanding, threatening or intimidating conduct.

(j)  While individual solicitors may solicit from the general public donations for printed matter, refreshments or religious paraphernalia, the individual solicitors must inform the person solicited if a minimum donation is required.

(k)  All distribution of refreshments, pamphlets and other materials r and transfers of money or funds solicited from a person acting pursuant to a permit issued by the Chief Engineer or his duly authorized representative, shall take place in or at the location specifically identified in the permit.

(l)  Individual solicitors may not engage in dancing, chanting, the use of music or other noise producing instruments, megaphones, microphones or any other similar devices.

(m)  Individual solicitors shall cease activities in the event of emergency situations involving dangers to the general public.

(n)  Individual solicitors shall not interfere with pedestrian or vehicular traffic.

(o)  No more than two organizations, one religious and one non-religious charitable or educational, may solicit at highway rest areas, wayside parks or visitor welcome centers at the same time.

History Note:        Authority G.S. 20-175; 136-18;

Eff. November 1, 1984;

Amended Eff. December 1, 2012; December 1, 1993; October 1, 1991; August 1, 1986; September 1, 1985;

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