CHAPTER 05 ‑ ADMINISTRATION

SUBCHAPTER 05A ‑ AUTOMATED DATA PROCESSING

19A NCAC 05A .0101      AVAILABILITY OF VEHICLE REGISTRATION RECORDS

19A NCAC 05A .0102      FEE SCHEDULE

History Note:        Authority G.S. 20-39; 20‑43; 20‑50; 20‑56; 143B‑10;

Eff. July 1, 1978;

Amended Eff. November 1, 1991;

Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

SUBCHAPTER 5B ‑ FISCAL

SECTION .0100 ‑ ADMINISTRATION

19A NCAC 05B .0101      FISCAL SECTION OPERATIONS

The fiscal section operates under the Executive Budget Act, the Budget Manual of the Office of State Budget and Management (OSBM), and the Administrative Policies and Procedures Manual of the Office of State Controller (OSC).  These guidelines and any subsequent amendments or editions of the same are incorporated herein by reference pursuant to G.S. 150B-21.6 as rules of the North Carolina Department of Transportation.  The rules filed by OSBM and OSC control the operations of the fiscal section, except to the extent that the following rules within this Subchapter supplement those rules. Copies of the manuals or excerpts may be obtained from the Director of Administration at no cost.

History Note:        Authority G.S. 143‑1; 143‑28; 143B‑10; 143B‑348; 143B-426.35 through 143B-426.39

Eff. July 1, 1978;

Amended Eff. April 1, 1995; December 1, 1993; November 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0102      DEFINITIONS

History Note:        Authority G.S. 143B‑10(j); 143B‑348; 143‑2;

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

Transferred and Recodified to 19A NCAC 5B .0209 Eff. May 1, 1994.

19A NCAC 05B .0103      DAILY INTEREST FORMULA

History Note:        Authority G.S. 143‑2; 143B‑10(j); 143B‑348;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; July 1, 1982;

Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 05B .0104      FORM OF REMITTANCE

All remittances for monies due the North Carolina Department of Transportation shall be made payable to the North Carolina Department of Transportation and shall include the division to which the monies are to be credited.  For example, monies due the Division of Highways shall be drawn payable to the "North Carolina Department of Transportation ‑‑ Division of Highways."

History Note:        Authority G.S. 143B‑10(j); 143‑2;

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0105      REMITTANCE FOR GROUP HEALTH INSURANCE COVERAGE

History Note:        Authority G.S. 143‑2; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. November 1, 1991;

Repealed Eff. December 1, 1993.

SECTION .0200 ‑ AUDITS OF CONTRACTING PARTIES

19A NCAC 05B .0201      PRE‑AWARD AUDIT: FINANCIAL CAPABILITIES

All contracting firms, agencies, or recipients of grants or loans, except those whose contract was awarded as a result of the bidding process, state purchasing procedures, and local governments reporting under the Single Audit Act (Office of Management and Budget Circular A-128, "Audits of State and Local Governments"), who are entering into a contract or agreement with the Department of Transportation shall submit, if requested, to the External Audit Branch of the Department of Transportation their current balance sheet, income statement, chart of accounts, and any other data that may be determined to be necessary by the auditors, in order that the auditors may render an opinion as to whether the firm is financially capable of fulfilling the terms of the contract or agreement.  The auditor's findings will be reported to the appropriate contracting officer.

History Note:        Authority G.S. 143‑2; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0202      PRE‑AWARD AUDIT: ACCOUNTING SYSTEM

All contracting firms, agencies, or recipients of grants, except those whose contract was awarded as a result of the bidding process, state purchasing procedures, and those classified as local governments reporting under the Single Audit Act (Office of Management and Budget Circular A-128, "Audits of State and Local Governments"), shall allow their accounting systems to be reviewed by the External Audit Branch of the Department of Transportation in order that the auditors may determine that the accounting system is capable of segregating and maintaining costs applicable to the contract or agreement.

History Note:        Authority G.S. 143‑2; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0203      PRE-AWARD AUDIT: PROPOSED COSTS

Before a contract or agreement is executed, a pre-award audit may be performed by the External Audit Branch utilizing the historical costs of the proposing party to ascertain that the proposed charges are valid, reasonable, and allowable.

History Note:        Authority G.S. 143B‑10(j); 143‑2;

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0204      DESK OR FIELD AUDIT

The determination as to whether an audit will be a "desk" audit or a "field" audit will be at the discretion of the auditor.  The auditor's decision will be based on the complexity of the contract or agreement, prior experience with the firm, agency or recipient and the amount of information concerning the contracting firm that is available in the external audit branch's audit file.

History Note:        Authority G.S. 143B‑10(j); 143‑2;

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0205      WAIVER OF AIRPORT PRE‑AUDIT

19A NCAC 05B .0206      INFORMATION IN LIEU OF AIRPORT PRE‑AUDIT

History Note:        Authority G.S. 143B‑10(j); 113‑28.10;

Eff. July 1, 1978;

Repealed Eff. November 1, 1991.

19A NCAC 05B .0207      PARTIAL: INTERIM: OR FINAL AUDIT: DESK OR FIELD

19A NCAC 05B .0208      PERFORMANCE OF PARTIAL AND FINAL AUDITS

History Note:        Authority G.S. 143B‑10(j); 143‑2;

Eff. July 1, 1978;

Repealed Eff. December 1, 1993.

19A NCAC 05B .0209      DEFINITIONS

The following terms are defined to mean:

(1)           "Audit" is used to describe the following services performed in accordance with Government Auditing Standards of the U.S. General Accounting Office (GAO Yellow Book);

(a)           A final audit of completed actual cost projects to determine that costs claimed by the contractor or grantee are allowable in accordance with governing regulations and the terms of the contract or agreement.

(b)           An interim audit during the life of a project as the needs for such are determined by the Fiscal Section or the Contracting Officer.

(c)           An overhead audit to determine what amount or rate of indirect costs may be included with direct charges to a project or grant.

(d)           A post audit on completed lump-sum cost projects to determine a company's actual labor, overhead, non-salary direct cost and fee as compared to negotiated cost elements.

(e)           A pre-award audit of the proposed costs included in a contract or agreement to determine that the rates for labor, material, equipment, and overhead are reasonable and allowable.  A pre-award audit may also be performed to evaluate a company's accounting system or its financial capability.

(2)           "Desk" is used to describe an audit which is performed by an auditor of the External Audit Branch in the branch's office.  Information submitted by the auditee, prior audits, and information in the branch's files are utilized to perform the audit.

(3)           "Field" is used to describe an audit which is performed at the office or job site of the contracting party and utilizes all accounts, records, journals, and documents that the auditee has maintained for the work.

(4)           "Historical Costs" means the costs or expenses that have been incurred in prior years by a contractor or grantee.

History Note:        Authority G.S. 143B‑10(j); 143B‑348; 143‑2;

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

Transferred and Recodified from 19A NCAC 5B .0102 Eff. May 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

SECTION .0300 ‑ ADOPTION OF FEDERAL POLICIES

19A NCAC 05B .0301      ADOPTION OF FEDERAL CONTRACT GUIDELINES

(a)  In order to provide consistency and uniformity in the administration of all contracts, these the following guidelines including any subsequent amendments or editions of the same are hereby incorporated by reference as rules of the North Carolina Department of Transportation to be used as contract guidelines on non‑federally funded projects.  Policies in effect on the date a contract is entered into will govern the contract for the duration of the contract. Copies of the below listed items are available for inspection in the Office of the DOT Controller.

(b)  The guidelines hereby incorporated are:

(1)           Federal‑Aid Highway Program Manual which is available at no cost from the N.C. DOT Design Services Branch, P.O. Box 25201, Raleigh, NC  27611:

Volume                  Chapter                 Section                   Subsection

                     1                             4                             3                                                        Reimbursement for railroad

                                                                                                                                                work ‑ Issued 8‑5‑88

     1                             4                             5                                                        Payroll and related expense of

public employees; general administration and other overhead; and cost accumulation centers and distribution methods ‑ Issued 1‑26‑81

                     1                             7                             2                                                        Administration of negotiated

                                                                                                                                                contracts – Issued 1‑21‑80

                     4                             1                             2                                                        Administration of highways

planning projects ‑ Issued 11‑5‑86

     6                             6                             3                             1                        Utility relocations, adjustments

and reimbursements ‑ Issued 11‑11‑88

(2)           Code of Federal Regulations which is available from the US Government Printing Office, Washington, DC 20402.  The cost for Title 48 Part 31.2 is thirty one dollars ($31.00).  The cost for Title 49 Part 18 is twenty dollars ($20.00).  The cost for Title 23 Part 172 is eighteen dollars ($18.00):

Title 48 Part 31.2                                                                                                                 Contracts with commercial organizations – Issued 4‑28‑89

Title 49 Part 18                                                                                                                    Uniform administrative requirements for grants and cooperative agreements with state and local governments (USDOT Common Rule) ‑ Issued 3‑11‑88

Title 23 Part 172                                                                                                                  Administration of Engineering and Design related services contracts -- Issued 4‑30‑91

(3)           Office of Management and Budget Circulars which are available from OMB Publications Office, Washington, DC 20503 at no cost:

OMB Circular A‑21                                                                                                            Cost principles for educational institutions -- Issued 3‑6‑79

OMB Circular A‑87                                                                                                            Cost principles for state and local governments -- Issued 1‑1‑81

OMB Circular A‑102, Attachment A‑O                                                                          Uniform administrative requirement for grants‑in‑aid to state and local governments -- Issued 1‑1‑81

OMB Circular A‑102 (Revised)                                                                                        Grants and cooperative agreements with state and local governments -- Issued 3‑11‑88

OMB Circular A‑110                                                                                                          Grants and agreements with institutions of higher education, hospitals and other non‑profit organizations -- Issued 7‑1‑76

OMB Circular A‑122                                                                                                          Cost principles for non‑profit organizations ‑ Issued 7‑80

OMB Circular A‑128                                                                                                          Audits of state and local governments ‑ Issued 4‑12‑85

OMB Circular A‑133                                                                                                          Audits of institutions of higher education and other non‑profit organizations -- Issued 3‑8‑90

OMB Compliance Supplements                                                                                       USDOT Programs only ‑ Issued 9‑90

(4)           Federal Transportation Administration Circulars which are available from FTA Publications Office, Washington, DC 20590 at no cost:

FTA     C     4220.1B                                                                                                          Third party contracting guidelines ‑ Issued 5‑5‑88

FTA     C     5700.1                                                                                                             Requirements and responsibilities indirect cost proposals/cost allocation plans for technical studies and capital grants-- Issued 5‑24‑83

FTA     C     7005.1                                                                                                             Documentation of private enterprise participation required for Section 3 & 9 programs ‑ Issued 12‑5‑86

FTA     C     7010.1                                                                                                             Capital cost of contracting ‑ Issued 12‑5‑86

(5)           Department of Treasury Circular which is available at no cost from the N.C. DOT External Audit Branch, P.O. Box 25201, Raleigh, NC  27611:

Circular 1075.1 Part 205                                                                                                    Withdrawal of cash from the Treasury for advances under Federal grant and other programs ‑ Issued 10‑14‑77

(6)           Federal Single Audit Act issued 10‑11‑84 (P.L. 98-502), which is available from GAO Document Center, Washington, DC  20548 at no cost.

History Note:        Authority G.S. 143B‑10; 143B‑348;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0302      ADOPTION OF FEDERAL AUDIT GUIDELINES

19A NCAC 05B .0303      ADOPTION OF U.M.T.A AUDIT GUIDELINES

History Note:        Authority G.S. 143B‑10(j);

Eff. July 1, 1978;

Repealed Eff. November 1, 1991.

SECTION .0400 ‑ PL 112 FUNDS CERTIFICATION

19A NCAC 05B .0401      PL 112 FUNDS: CERTIFICATION OF ANNUAL BUDGETS

19A NCAC 05B .0402      PL 112 FUNDS: CERTIFICATION OF EXPENDITURES

History Note:        Authority G.S. 143B‑10(j); 136‑18(12);

Eff. July 1, 1978;

Repealed Eff. December 1, 1993.

SECTION .0500 ‑ MOVING PROCEDURES

19A NCAC 05B .0501      MOVING POLICY

History Note:        Authority G.S. 143‑2; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. November 1, 1991;

Repealed Eff. December 1, 1993.

19A NCAC 05B .0502      MOVING POLICY: MOVING PACKET

19A NCAC 05B .0503      MOVING POLICY: AUTHORIZATION TO MOVE FORM (601‑EXP)

History Note:        Authority G.S. 143‑2; 143B‑10(j);

Eff. July 1, 1978;

Repealed Eff. November 1, 1991.

19A NCAC 05B .0504      MOVING POLICY: MOVING QUOTATION FORM (602‑EXP)

History Note:        Authority G.S. 143B‑10(j); 143‑2;

Eff. July 1, 1978;

Repealed Eff. December 1, 1993.

SUBCHAPTER 5C ‑ PURCHASING

SECTION .0100 ‑ INFORMAL VERBAL NEGOTIATIONS

19A NCAC 05C .0101      DISCRETIONARY LIMITATIONS

19A NCAC 05C .0102      PROCEDURE

19A NCAC 05C .0103      VENDOR SELECTION

History Note:        Authority G.S. 143B‑10(j);

Eff. July 1, 1978;

Repealed Eff. December 29, 1993.

SECTION .0200 ‑ INFORMAL WRITTEN NEGOTIATIONS

19A NCAC 05C .0201      LIMITATIONS

19A NCAC 05C .0202      LETTER FORM

19A NCAC 05C .0203      CONTENT OF FORM LETTER

19A NCAC 05C .0204      VENDOR SELECTION

History Note:        Authority G.S. 143B‑10(j); 136-28.1(b);

Eff. July 1, 1978;

Repealed Eff. December 29, 1993.

SECTION .0300 ‑ RENTAL OF OFFICE SPACE

19A NCAC 05C .0301      ADVERTISEMENT

19A NCAC 05C .0302      PROPOSALS

19A NCAC 05C .0303      COMPILATION AND TABULATION PROCEDURE

19A NCAC 05C .0304      AWARDING PROCEDURE

History Note:        Authority G.S. 143B‑10(j); 146‑25.1;

Eff. July 1, 1978;

Repealed Eff. December 29, 1993.

SECTION .0400 ‑ EMERGENCY PROCUREMENTS

19A NCAC 05C .0401      PURPOSE

19A NCAC 05C .0402      PROCEDURE

History Note:        Authority G.S. 143B‑10(j); 136‑28.1(e);

Eff. July 1, 1978;

Repealed Eff. December 29, 1993.

SECTION .0500 ‑ BLANKET ORDERING

19A NCAC 05C .0501      PURPOSE

The purpose of blanket ordering shall be to provide a convenient manner of purchasing on a continuous, as needed, basis from one official written order.  It shall provide a mutual understanding with a vendor that an indefinite quantity of items shall be obtained against this order for an indefinite period of time.  Blanket orders shall be issued upon the discretion of the purchasing office as correlated to the supply and demand factors.

History Note:        Authority G.S. 143B‑10(j);

Eff. July 1, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0502      NEGOTIATION PROCEDURE

A purchasing officer may make arrangements for the establishment of a blanket order with a vendor.  The vendor shall agree to allow a DOT representative to obtain items from his stock upon request with the understanding that charges will be incurred periodically against a provided charge on the blanket order form.

History Note:        Authority G.S. 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 29, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0503      INVOICING

Each vendor shall effect billing procedures on a periodical basis to cover those charges incurred against a given blanket order over a preceding given period.  The vendor shall submit invoices in triplicate to the end user who shall in turn acknowledge validity and approval of same.

History Note:        Authority G.S. 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 29, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

SECTION .0600 ‑ SHIPPING INSTRUCTIONS

19A NCAC 05C .0601      MARKINGS AND LABELS

Each shipment to the Department shall be properly marked to the attention of the individual indicated on the purchase order form, plainly labeled with the respective order number and requisition number.

History Note:        Authority G.S. 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 29, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0602      SHIPMENT STATES SPECIFICS

All shipments to the Department, unless indicated otherwise, shall be shipped prepaid.  Shipments to the Department shall be refused if made on a C.O.D. basis.

History Note:        Authority G.S. 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 29, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0603      PACKING SLIPS: BILL OF LADING: SHIPPING MANIFEST

Each shipment to the Department must be accompanied with a packing slip or bill of lading to provide shipment identity and content.  Any notation of shortage shall be entered on this document with acknowledgement by the truck driver's signature.

History Note:        Authority G.S. 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 29, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

SECTION .0700 ‑ INVOICING PROCEDURE

19A NCAC 05C .0701      INVOICE REQUIREMENTS

Each invoice submitted to DOT shall be rendered in triplicate, reflecting the respective order number, requisition number, and terms of payment.  Submission shall be directly to the DOT purchasing section.  Each invoice submitted to DOT shall be accompanied by an original bill of lading when shipment is made by freight or express, a signed delivery receipt when delivery is made by messenger or truck, or a statement of the fact if shipment made by UPS.  Drafts or statement forms are non‑acceptable.

History Note:        Authority G.S. 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 29, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0702      COMPUTED DISCOUNTS

Time, in connection with discount offered, shall be computed from date of delivery of supplies or materials to carrier when final inspection and acceptance are at the point of origin or from date of delivery at destination when final inspection and acceptance are at those points, or from date final correct invoice is received on complete order if latter is later than the date of delivery.

History Note:        Authority G.S. 143B‑10(j);

Eff. July 1, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0703      REMITTANCE: REPORT CONTINGENCY

Remittance of payment for invoice received shall be contingent on a report submitted by the end user declaring total receipt and satisfaction of delivery.  Until this acknowledgement is provided, payment procedures will not be undertaken.

History Note:        Authority G.S. 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 29, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

SUBCHAPTER 5D ‑ GOVERNOR'S HIGHWAY SAFETY PROGRAM

SECTION .0100 ‑ PURPOSE OF THE OFFICE

19A NCAC 05D .0101      FEDERAL HIGHWAY SAFETY ACT

19A NCAC 05D .0102      HIGHWAY SAFETY STANDARDS

19A NCAC 05D .0103      ESTABLISHMENT OF A HIGHWAY SAFETY PROGRAM

19A NCAC 05D .0104      GRANT‑IN‑AID TO STATE AND LOCAL GOVERNMENTS

19A NCAC 05D .0105      COST PRINCIPLES APPLICABLE TO GRANTS AND CONTRACTS

19A NCAC 05D .0106      ORGANIZATION

History Note:        Authority G.S. 143B‑360; 147‑12; 23 U.S.C. 402; Federal Management Circular 74‑4; Federal Management Circular 74‑7;

Eff. July 1, 1978;

Amended Eff. November 1, 1991;

Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3;

Transferred  and Recodified from 19A NCAC 3H .0100 Eff. January 1, 1999.

SECTION .0200 ‑ PROGRAM DEVELOPMENT

19A NCAC 05D .0201      APPLICATION FOR HIGHWAY SAFETY PROJECT CONTRACT

(a)  State agencies and local governments desiring funding for a highway safety project, shall submit the form GHSP-D-03 to the Governor's Highway Safety Program.

(b)  The Governor's Highway Safety Program shall review the application for funding and determine if the proposed project will be funded through the Governor's Highway Safety Program.  The following is the funding criteria:

(1)           eligibility of the project as determined by the Federal Highway Safety Standards (Public Law 89.564), which are hereby incorporated by reference;

(2)           project priority based upon the highway safety needs of North Carolina and the monies available for project funding;

(3)           the projected highway safety benefits to be realized from the project; and

(4)           the estimated project cost in relation to the proposed work to be accomplished, equipment purchased, and other costs.

(c)  Following the Governor's Highway Safety Program review of the application, applicants shall be notified of the results by a Governor's Highway Safety Program staff member.

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0202      LOCAL GOVERNMENT APPLICATION FOR SPEED MEASURING DEVICE

19A NCAC 05D .0203      APPLICATION FOR ALCOHOL BREATH TESTING DEVICE

History Note:        Authority G.S. 143B‑357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991;

Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999.

19A NCAC 05D .0204      APPLICATION FOR ENROLLMENT IN POLICE TRAINING COURSES

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999;

Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 05D .0205      QUARTERLY PROGRESS REPORTS

All project contractors receiving grants from the Governor's Highway Safety Program must submit progress reports at 90‑day intervals.  Projects not submitting progress reports within 15 days following the end of a quarter are subject to having reimbursements withheld until compliance is satisfactorily achieved.

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0206      TRAFFIC ENFORCEMENT ACTIVITY REPORT

History Note:        Authority G.S. 143B‑360;

Eff. July 1, 1978;

Repealed Eff. November 1, 1991;

Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999.

19A NCAC 05D .0207      ON SITE PROJECT REPORT

The Governor's Highway Safety Program, at its discretion, may perform quarterly on‑site monitoring of all aspects of projects funded by it.

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0208      FINAL ACCOMPLISHMENT REPORT

All project contractors receiving grants from the Governor's Highway Safety Program must submit to the Governor's Highway Safety Program a final accomplishment report on Form GHSP-D-10 within 30 days of the termination of the contract unless otherwise directed.  Failure to comply may jeopardize future funding and may result in withholding of reimbursement claims.

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0209      APPLICATION FOR FEDERAL GRANT FOR AMBULANCE VEHICLE

19A NCAC 05D .0210      APPLICATION FOR FEDERAL GRANT FOR POLICE VEHICLE

History Note:        Authority G.S. 143B‑360;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991;

Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999.

19A NCAC 05D .0211      AVAILABILITY OF GOVERNOR'S HIGHWAY SAFETY PROGRAM FORMS

All of the Governor's Highway Safety Program forms cited under the rules in this Section are obtainable from the Office of Highway Safety Program at:

Motor Vehicles Building

1100 New Bern Avenue

Raleigh, NC  27697

Handy House

215 E. Lane Street

Raleigh, NC 27601

History Note:        Authority G.S. 136-18(5), (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

SECTION .0300 ‑ REIMBURSEMENT CLAIM PROCEDURES

19A NCAC 05D .0301      CLAIM FOR REIMBURSEMENT

(a)  Highway safety project contractors' claims for reimbursement for a state government project or a local government project shall be initiated by filing a Cost Summary Statement form with the Governor's Highway Safety Program.

(b)  Reimbursement of costs incurred by state or local personnel while attending schools or training courses directly contracted by the Governor's Highway Safety Program may be initiated by filing a summary statement form GHSP-05, GHSP-06 with the Governor's Highway Safety Program.

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0300 Eff. January 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0302      SUPPORTIVE CLAIM

All project contractors receiving grants from the Governor's Highway Safety Program and submitting claims for reimbursement must also furnish other supporting information as deemed necessary by the Governor's Highway Safety Program.

History Note:        Authority G.S. 136-18(5) and (12); 143-129; 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0300 Eff. January 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0303      REQUEST FOR REIMBURSEMENT AUDIT

All project contractors receiving grants from the Governor's Highway Safety Program and submitting requests for reimbursement will be audited by a Department of Transportation Auditor before the Governor's Highway Safety Program reimburses the applicant agency.

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0300 Eff. January 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

SECTION .0400 ‑ NONEXPENDABLE EQUIPMENT

19A NCAC 05D .0401      VERIFICATION OF ADHERENCE TO PURCHASING PROCEDURES

History Note:        Authority G.S. 136-18(5) and (12); 143-52; 143-53; 143-53.1; 143-54; 143B-357; 143B‑360; 143‑129;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0400 Eff. January 1, 1999;

Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 05D .0402      NONEXPENDABLE PROPERTY ACCOUNTABILITY RECORD

Project contractors receiving grants from the Governor's Highway Safety Program and purchasing nonexpendable equipment must submit the necessary forms as directed by the Governor's Highway Safety Program with the claim of reimbursement.

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0400 Eff. January 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0403      DISPOSITION OF NONEXPENDABLE EQUIPMENT

Project contractors receiving grants from the Governor's Highway Safety Program and disposing of nonexpendable equipment must request permission from the Governor's Highway Safety Program to do so on Form GHSP-A-13(R) indicating the equipment and the method of proposed disposition.

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0400 Eff. January 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0404      STATUS OF NONEXPENDABLE EQUIPMENT

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0400 Eff. January 1, 1999;

Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

SECTION .0500 ‑ VEHICLE SPECIFICATIONS

19A NCAC 05D .0501      POLICE VEHICLE SPECIFICATIONS

19A NCAC 05D .0502      AMBULANCE SPECIFICATIONS

History Note:        Authority G.S. 143B‑360;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991;

Transferred and Recodified from 19A NCAC 3H .0500 Eff. January 1, 1999.

19A NCAC 05D .0503      STANDARD VAN AMBULANCE TYPE II SPECIFICATIONS

History Note:        Authority G.S. 143B‑360;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982;

Transferred and Recodified from 19A NCAC 3H .0500 Eff. January 1, 1999.

19A NCAC 05D .0504      AMBULANCE VEHICLE INSPECTION

History Note:        Authority G.S. 143B‑360;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991;

Transferred and Recodified from 19A NCAC 3H .0500 Eff. January 1, 1999.