CHAPTER 12 – DIVISON OF CORRECTIONS

 

SUBCHAPTER 12a – SECTION RULES: GENERAL ADMINISTRATION

 

SECTION .0100 – GENERAL aDMINISTRATION

 

14b NCAC 12a .0101       LOCATION

(a)  The principal place of business for the Department of Correction (DOC) is located at 214 West Jones Street, Raleigh, North Carolina.  The mailing address is 4201 Mail Service Center, Raleigh, NC  27699-4201.

(b)  DOC information may be obtained from the agency's website at: www.doc.state.nc.us.

(c)  DOC business office hours for the public are 8:00 a.m. to 5:00 p.m. Monday through Friday.

 

History Note:        Authority G.S. 143B-10; 143B-260; 143B-261.1;

Eff. December 1, 2008;

Transferred from 05 NCAC 01F .0101 Eff. June 1, 2013.

14B NCAC 12A .0102       COST OF COPIES

(a)  Copies of any documents on file with the Department of Correction (DOC) that are public records are available in the following forms at the following costs:

(1)           loose-leaf documents at a cost of five cents (.05) per page;

(2)           diskette/CD Rom at a cost of twenty-five cents ($.25) each;

(3)           digital video disk (DVD) at a cost of fifty cents ($.50) each; and

(4)           documents available in an electronic format transmitted via email at no charge.

(b)  Certified copies of any public document on file with DOC are available at a cost of one dollar ($1.00) per certification in addition to the loose-leaf copying costs.  Diskette certification is not available.

(c)  A service charge may be applied, based on the actual costs to DOC, for requests which cause DOC to incur additional costs beyond the normal course of business based on the following:

(1)           information technology staff time shall be charged at a rate of thirty-nine dollars ($39.00) per hour;

(2)           administrative staff time shall be charged at a rate of twelve dollars ($12.00) per hour; and

(3)           supervisory time shall be charged at a rate of twenty dollars ($20.00) per hour.

(d)  Postage and mailing costs shall be paid by requestor.

 

History Note:        Authority G.S. 132-6.2; 143B-10; 150B-19;

Eff. January 1, 2009;

Transferred from 05 NCAC 01F .0102 Eff. June 1, 2013.

 

SECTION .0200 - PETITION FOR RULEMAKING

 

14B NCAC 12A .0201       FILING A PETITION FOR RULEMAKING

(a)  Any person may petition the Department of Correction (DOC) to adopt a new rule, or amend or repeal an existing rule by submitting a rule-making petition to DOC.  The petition shall be addressed to:

The North Carolina Department of Correction

Controller's Office

2020 Yonkers Road; MSC 4220

Raleigh, North Carolina 27699-4220

(b)  The petition shall be labeled "Petition for Rule-making" and must include the following information:

(1)           the name(s) and address(es) of the petitioners;

(2)           a citation to any rule for which an amendment or repeal is requested;

(3)           a draft of the proposed text of the requested rule or amended rule;

(4)           an explanation of why the new rule or amendment or repeal of an existing rule is requested;

(5)           the effect of the new rule, amendment, or repeal on the procedures of DOC;

(6)           a fiscal note on the impact of the proposed rule on existing practices in the area involved, including cost factors and basis of analysis; and

(7)           any other information the person submitting the petition considers relevant.

 

History Note:        Authority G.S. 150B-18; 150B-19; 150B-20; 150B-21;

Eff. December 1, 2008;

Transferred from 05 NCAC 01F .0201 Eff. June 1, 2013.