10A ncac 63c .0702       SET‑ASIDE

(a)  "Set‑aside" and "Net Proceeds" are used as defined in 34 CFR 395.1.

(b)  The Division shall set aside funds from the net proceeds of each facility to be used for the purposes outlined in 34 C.F.R. 395.9.

(c)  The set‑aside shall not exceed an amount determined to be reasonable by the Commissioner of the Rehabilitation Services Administration.

(d)  Any set‑aside collected in excess of the amount needed to cover the purposes in this Rule and in excess of any reasonable reserve necessary to assure that such purposes can be achieved on a consistent basis, shall be refunded on a pro rata basis at the end of the fiscal year.

(e)  Set-aside rates may be adjusted to meet program goals and objectives and shall be determined by the Division in conjunction with the NC Commission for the Blind.


History Note:        Authority G.S. 111‑12.5; 111‑13; 111‑27; 111-50; 143B-157; 34 C.F.R. 395.8; 34 C.F.R. 395.9; 20 U.S.C. sec. 107;

Eff. February 1, 1976;

Readopted Eff. November 16, 1977;

Amended Eff. August 1, 2002; May 1, 1996; January 1, 1990; July 1, 1987; February 1, 1986; July 1, 1980.