text: vx.c. W ^ RSCEtVEB MAY 18 1987 The raw LIBRARY NORTH CAROLINA REGISTER IN THIS ISSUE EXECUTIVE ORDERS FINAL DECISION LETTERS PROPOSED RULES Commerce Crime Control & Public Safety Human Resources NR&CD State Treasurer LIST OF RULES AFFECTED ISSUE DATE: MAY 15, 1987 Volume 2 • Issue 2 • Pages 138-169 INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE NORTH CAROLINA REGISTER The North Carolina Register is published monihly and contains information relating to agency, executive, legislative and judicial actions required by or affecting Chapter I SOB of the General Statutes. All proposed administrative rules and amend- ments filed under Chapter I50B must be published in the Register. The Register will typically comprise approximately one hundred pages per issue of legal text. State law requires that a copy of each issue be provided free of charge to each county in the state and to various state officials and institutions. The North Carolina Register is available by yearly subscription at a cost of ninety-five dollars ($95.00) for 12 issues. Requests for subscription to the North Carolina Register should be directed to the Office of Administrative Hearings. P. O. Drawer 11666, Raleigh. N. C. 27604. Attn: Subscriptions ADOPTION, AMENDMENT, AND REPEAL OF RULES An agency intending to adopt, amend, or repeal a rule must first publish notice of the proposed action in the North Carolina Register. The notice must include a reference to the Statutory Authority for the action; the time and place of the public hearing and a statement of how public comments may be submitted to the agency either at the hearing or otherwise; the text of the proposed rule or amendment; and the proposed effective date The Director of the Office of Administrative Hearings has authority to publish a summary, rather than the full text, of any amendment which is considered to be too lengthy In such case, the full text of the rule containing the proposed amendment will be available for public inspection at the Rules Division of the Office of Administrative Hearings and at the office of the promulgating agency. Following publication of the proposal in the North Carolina Register, at least 60 days must elapse before the agency may take action on the proposed adoption, amendment or repeal. When final action is taken, the promulgating agency must file any adopted or amended rule with the Office of Administrative Hearings. If it differs substantially from the proposed form published as part of the public notice, the adopted version will again be published in the North Carolina Register A rule, or amended rule, cannot become effective earlier than the first day of the second calendar month after the adoption is filed. Proposed action on rules may be withdrawn by the pro- mulgating agency at any time before final action is taken by the agency. TEMPORARY RULES Under certain conditions of an emergency nature, some agencies may issue temporary rules. A temporary rule becomes effective when adopted and remains in effect for the period specified in the rule or 120 days, whichever is less. An agency adopting a temporary rule must begin normal rule-making procedures on the permanent rule at the same time the temporary rule is adopted. NORTH CAROLINA ADMINISTRATIVE CODE The North Carolina Administrative Code (NCAC) is a compilation and index of the administrative rules of 25 state agencies and 38 occupational licensing boards. The NCAC comprises approximately 15,000 letter size, single spaced pages of material of which approximately 359E is changed annually. Compilation and publication of the NCAC is mandated by G.S l50B-63(b). The Code is divided into Titles and Chapters Each state agency is assigned a separate title which is further broken down by chapters. Title 2 1 is designated for occupational licensing boards. The NCAC is available in two formats. ( 1 ) In looseleaf pages at a minimum cost of two dollars and 50 cents ($2.50) for 10 pages or less, plus fifteen cents ($0 15) per each additional page (2) On microfiche The microfiche edition is revised semi- annually (March and October) and can be purchased for forty dollars ($40 00) per edition. Due to the volume of the Code, the complete copy can only be purchased on microfiche The NCAC on microfiche is updated monthly by publication of a '"List of Rules Affected" which ^ets out rules filed the previous month, the action taken, and the effective date of the change This list is published in the North Carolina Register Requests for looseleat pages of rules or the NCAC on microfiche should be directed to the Office of Administrative Hearings. NOTE The foregoing is a generalized statement of the procedures to be followed For specific statutory language, it is suggested that Articles 2 and 5 of Chapter I50B of the General Statutes by examined carefully. CITATION TO THE NORTH CAROLINA REGISTER The North Carolina Register is cited by volume, issue, page number and date 1:1 NCR 101-201, April 1, 1986 refers to Volume I , Issue 1 , pages 101 through 201 of the North Carolina Register issued on April 1. 1986. North Carolina Register Published monthly by the Office of Administrative Hearings. P. O. Drawer 1 1666, Raleigh, North Carolina 27604, pursuant to Chapter 150B of the General Statutes. Subscriptions ninety-five dollars ($95.00) per year. North Carolina Administrative Code. Published in March and October by the Office of Administrative Hearings, P. O. Drawer 1 1666, Raleigh, North Carolina 27604, pursuant to Chapter 150B of the General Statutes. Subscriptions forty dollars ($40.00) per edition. NORTH CAROLINA REGISTER Office of Administrative Hearings P. O. Drawer 11666 Raleigh, NC 27604 (919) 733-2678 ISSUE CONTENTS I. EXECUTIVE ORDERS Executive Orders 43-46 ... 138 II. FINAL DECISION LETTERS Voting Rights Act .... 141 III. PROPOSED RULES Commerce Departmental Rules .... 143 Savings and Loan .... 147 Crime Control & Public Safety State Highway Patrol . . 159 Human Resources AFDC 156 Family Services .... 152 Individual and Family Support 153 Medical Services .... 149 NR&CD Coastal Management ... 160 Economic Opportunity . . . 161 State Treasurer Departmental Rules ... 161 Staff: Robert A. Mclott, Director James R. Scarcella, Deputy Director Molly Mason, Assistant Director Ruby Creech, Publications Coordinator Mary Fowler, Editorial Assistant Teresa Johnson, Editorial Assistant Jean Shirley, Editorial Assistant Tammy Poole, Records Clerk V. LIST OF RULES AFFECTED Volume 12, No. 2 163 (May 1, 1987) VI. CU.MULATD E INDEX 168 NORTH CAROLINA REGISTER Publication Deadlines and Schedules (April 1987 ■ March 1988) Issue Last Day I,ast Day Larliest Larliest * Date for for Date for Date for Earliest I-iling Llcctronic Public Adoption Effective Filing Hearing by Agency Date ++*++♦** *+*++♦++ ♦♦**$+++ +*+++♦++ +++++*♦♦ ♦+**♦♦*+ 04/15/87 03/26/87 04/02/87 05/15/87 06/14/87 09/01/87 05/15/87 04/27/87 05/04/87 06/14/87 07/14/87 10/01/87 06/15/87 05/26/87 06/02/87 07/15/87 08/14/87 11/01/87 07/15/87 06/25/87 07/02/87 08/14/87 09/13/87 12/01/87 08/14/87 07/27/87 08/03/87 09/13/87 10/13/87 01/01/88 09/15/87 08/26/87 09/02/87 10/15/87 11/14/87 02/01/88 10/15/87 09/25/87 10/02/87 11/14/87 12/14/87 03/01/88 11/16/87 10/27/87 11/03/87 12/16/87 01/15/88 04/01/88 12/15/87 11/23/87 12/02/87 01/14/88 02/13/88 05/01/88 01/15/88 12/28/87 01/04/88 02/14/88 03/15/88 06/01/88 02/15/88 01/26/88 02/02/88 03/16/88 04/15/88 07/01/88 03/15/88 02/24/88 03/02/88 04/14/88 05/14/88 08/01/88 * The "Earliest Lffective Date" is computed assuming that the agency files the rules with The Administrative Rules Review Commission the same calendar month as adoption by the agency and ARRC approves the rules at the next calendar month meeting. EXECUTIVE ORDERS EXECUTIVE ORDER NUMBER 43 NORTH CAROLINA EMERGENCY RESPONSE COMMISSION The Emergency Planning and Community Right-to- Know Act of 1986 enacted by the United States Congress, requires the Governor of each state to appoint a State Emergency Response Commission. NOW, IT IS THEREFORE ORDERED, pursuant to the authority vested in me by the laws and the Constitution of North Carolina and the laws of the United States: S ect ion J- ESTABLISHMENT There is hereby established the North Carolina Emergency Response Commission, hereinafter referred to as the "Commission." The Commission shall consist of not less than eight members and shall be composed of at least the following persons: The Secretary of the Department of Crime Control and Public Safety or his designee; A representative of the Environmental Management Commission appointed by the Secretary of the Department of Natural Resources and Community Development; A representative of the Radiation Protection Commission appointed by the Secretary of the Department of Human Resources; A representative of the I lealth Services Commission appointed by the Secretary of the Department of Human Resources; The Commissioner of the Department of Labor or his designee; The Secretary of the Department of Transportation or his designee; A representative of the North Carolina Association of County Commissioners appointed by the Governor; ' A representative of the North Carolina League of Municipalities appointed by the Governor; and Such other persons as who have technical expertise in the emergency response field and are appointed by the Governor. The Secretary of the Department of Crime Control and Public Safety or his designee shall serve as chairman of the Commission and all members of the Commission shall serve at the pleasure of the Governor. Section 2. DUTIES The Commission is designated as the State Emergency Response Commission as described in the Act and shall perform all duties required of it under the Act, including, but not limited to the following: (A) Appoint local emergency planning committees described under Section 301(c) of the Act and supervise and coordinate the activities of such committees. (B) Establish procedures for reviewing and processing requests from the public for information under Section 324 of the Act. (c) Designate emergency planning districts to facilitate preparation and implementation of emergency plans as required under Section 301(b) of the Act. (d) After public notice and opportunity for comment, designate additional facilities that may be subject to the Act under Section 302 of the Act. (c) Notify the Administrator of the Environmental Protection Agency of facilities subject to the requirements of Section 302 of the Act. (0 Review the emergency plans submitted by local emergency planning committees and make recommendations to the committees on revisions of the plans that may be necessary to ensure coordination of such plan with emergency response plans of other emergency planning districts. Section 3- ADMINISTRATION (a) The Department of Crime NORTH CAROLINA REGISTER 138 Control and Public Safety shall provide administrative support and staff as may be required. (b) Members of the Commission shall serve without compensation but may receive reimbursement, contingent on the availability of funds, for travel and subsistence expenses in accordance with state guidelines and procedures. Section <L EFFECTIVE DATE AND EXPIRATION This executive order shall become effective immediately and will expire in accordance with North Carolina law two years from the date it is signed. It is subject to reissuance at expiration. Done in the Capital city of Raleigh, this the 7th day of April, 1987. EXECUTIVE ORDER NUMBER 44 AMENDMENT TO EXECUTIVE ORDER 29 GOVERNOR'S TASK EORCE ON RACIAL, RELIGIOUS AND ETHNIC VIOLENCE AND INTIMIDATION The Governor's Task Force on Racial, Religious and Ithnic Violence and Intimidation was established under Executive Order Number 29 on the 2nd day of March, 1986 and provided that it was to consist of eleven (11) members. It has been made to appear to me that the Task Force should consist of not less than twelve (12) members and should include at least one American Indian. Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED: Section 2 of Executive Order 29 is hereby amended to read as follows: Section 2. The Task Force shall consist of not less than twelve persons to be appointed by the Governor for a term to begin upon appointment and expiring on December 31, 1988. The membership of the Task Force shall include at least one American Indian The Chairman of the Task Force shall be appointed by the Governor and the Vice- Chairman and Secretary of the Task Force shall be elected by the members of the Task Force. All other sections and provisions of Executive Order 29 not inconsistent herewith shall remain in full force and effect. Done in Raleigh, North Carolina this 22nd day of April, 1987. EXECUTIVE ORDER NUMBER 45 THE GOVERNOR'S LANGUAGE INSTITUTES ADVISORY BOARD As Governor of North Carolina it has been made to appear to me upon satisfactory information furnished to me as follows: 1 . Educational programs for teachers of foreign languages will improve the quality of education for students in North Carolina. 2. Improvement of foreign language teaching methods in the secondary schools of North Carolina will improve proficiency in foreign languages and enhance opportunities for foreign trade in North Carolina. NOW, therefore, it is hereby ordered, pursuant to the authority vested in me by the laws and Constitution of North Carolina: Section L ESTABLISHMENT The Governor's Language Institutes Advisory Board, hereinafter referred to as the "Board" is hereby established. The Board shall be composed of not more than twelve (12) members appointed by the Governor to serve at the pleasure of the Governor. The Governor shall designate one of the members to serve as Chairman. The State Superintendent of Public Instruction shall be an ex-officio member of the Board in addition to those persons appointed by the Governor. Section 2. FUNCTIONS The Board shall have the following duties: (A) Oversee planning and operation of the Governor's language Institutes which shall be located in various locations across the State to provide 139 SORT 1 1 CAROLINA REGISTER educational programs for North Carolina teachers of foreign languages. (B) Select an external consultant to assist in the planning of the Governor's Language Institutes' programs and to recommend curriculum, instructors, location of Institutes, and sources of support, and (C) Select a full-time Executive Director to manage the Institutes. Smtion 3 ADMINISTRATION (A) The State Department of Public Instruction shall provide administrative support and staff as may be required, (B) Members of the Commission shall receive reimbursement from the State Department of Public Instruction, contingent on the availability of funds, for travel and subsistence expenses in accordance with state guidelines and procedures. Section 4. EFFECTIVE DATE AND EXPIRATION DATE This Executive order shall be effective immediately, and in accordance with North Carolina laws shall expire two years from date it is signed. It is subject to reissuance at expiration. Done in the Capital City of Raleigh, North Carolina, this 22nd day of April, 1987. EXECUTIVE ORDER NUMBER 46 AMENDMENT TO EXECUTIVE ORDER NLMUER 40 GOVERNOR'S COMMISSION I OR THE FAMILY The Governor's Commission For the Family was established by Executive Order Number 40 on March 16, 1987, as a means of strengthening our nation's families. It has been made to appear that the important work of this commission can be furthered through the appointment of additional members by the Governor. Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED: Section 1 of Executive Order 40 is hereby amended to read as follows: Sivtinn J- ESTABLISHMENT The Governor's Commission For the Family is hereby established. The Commission shall be composed of not less than thirty members appointed by the Governor to serve at the pleasure of the Governor. The Governor shall designate one of the members as Chairman and one as Vice-Chairman. The Secretaries of the Departments of Human Resources, Natural Resources and Community Development, Administration, Crime Control and Public Safety, and Cultural Resources shall be ex-officio members. The members appointed by the Governor shall be representatives from the following areas: (1) Private business and community leaders; (2) Law Enforcement; (3) At least one representative of the North Carolina Fund for Children and Families Commission; (4) Judicial System; and (5) Volunteers who have exhibited an interest in family issues. All other sections and provisions of Executive Order Number 40 shall remain in effect. Done in Raleigh, North Carolina, this 22nd day of April, 1987. NORTH CAROLI.XA REGISTER 140 VOTING RIGHTS ACT FINAL DECISION LETTER [G.S. I20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the Attorney General of the United Stales in which a final decision is made concerning a "change affecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the Knrih Cam/inn R pointer ] U.S. Department of Justice Washington, D.C. 20530 WBR:MAP:TGL:dvs DJ 166-012-3 R7408-7414 R9454 April 14, 1987 Richard J. Rose, Esq. Poyner & Spruill P. O. Box 353 Rocky Mount, North Carolina 27802-0353 Dear Mr. Rose: This refers to the seven annexations (Ordinance Nos. 0-86-67, 0-86-73, 0-86-82, 0-86-S6, 0-86-91, 0-86-92, and 0-87-4) and the designation of the wards to which the annexed areas are assigned for the City of Rocky Mount in Edgecombe and Ncal Counties, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 CSC. 1973c. We received your submission on February 13, 1987. The Attorney General docs not interpose any objections to the changes in question. However, we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure of the Attorney General to object docs not bar any subsequent judicial action to enjoin the enforcement of such changes. See Section 51.41 of the Procedures for the Administration of Section 5 [52 Fed. Reg. 496 (1987)]. Future submissions under Section 5 should be addressed to the Chief, Voting Section, Civil Rights Division, Department of Justice, Washington, D.C. 20530. The envelope and first page should be marked: Submission under Section 5 of the Voting Rights Act. Sec also Section 51.24 |52 Fed. Reg. 493 (1987)|. Sincerely, Wm. Bradford Reynolds Assistant Attorney General Civil Rights Division By: Gerald W. Jones Chief, Voting Section 141 NORTH CAROLINA REGISTER U.S. Department of Justice Washington, D.C. 20530 WBR:LLT:AJD:gmh:jmc DJ 166-012-3 N4082 N7093-7094 N7097 R9027-9046 April 27, 1987 Michael Crowell, Esq. Thanington, Smith & I largrove P.O. Box 1151 Raleigh, North Carolina 27602 Dear Mr. Crowell: This refers to Chapter 972, H. B. No. 33 (1967), as amended by Chapter 1301, S.B. No. 576 (1969), which changes the method of selecting the five county school board members from a partisan, at-large elective-appointive system with a majority-vote requirement for nomination to a nonpartisan, at-large, direct elective system, increases the length of terms from two to four years, provides for staggered terms (3-2), changes the date on which the term of office begins, and provides an implementation schedule for staggering terms, including interim terms of less than four years; Chapter 216, H.B. No. 486 (1971), which provides for partisan elections; Chapter 499, H.B. No. 780 (1967), which permits deanncxation from the county school district and the seventeen dcannexations adopted in 1964, 1968, 1969, 1970, 1975, 1977, 1978, 1980, and 1982; Chapter 1189, H.B. No. 2141 (1974), which effects an annexation of an area located south of the Neuse River to the county school district; Chapter 855, H.B. No. 1176 (1975), which deannexes the Kinston City School District from the county school district; and Chapter 1179, S.B. No. 811 (1982), which fixes the boundaries of the county school district as they existed on June 16, 1982, for the county board of education in Lenoir County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received the information to complete your submission on February 24, 1987. The Attorney General does not interpose any objection to the changes in question. However, we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure of the Attorney General to object docs not bar any subsequent judicial action to enjoin the enforcement of such changes. Sec Section 51.41 of the procedures for the Administration of Section 5 [52 Fed. Reg. 496 (1987).] Sincerely, Wm. Bradford Reynolds Assistant Attorney General Civil Rights Division By: Gerald W. Jones Chief, Voting Section NORTH CAROLINA REGISTER 142 PROPOSED RULES TITLE 4 DEPARTMENT OF COMMERCE Notice is hereby given in accordance with G.S. I50B-I2 that the Department of Commerce intends to adopt regulations cited as 4 SCAC IG .0I01-.01Q3; .0201 -.0203; and .030 1 -.0302. The proposed effective dale of this action is October 1 . 19S7. The public hearing will be conducted at 2:00 p.m. on June 15. 1987 at Commerce Hearing Room 6168, Dobbs Building, 430 N. Salisbury St., Raleigh, N.C. 27611. Comment Procedures: Attendance at Public Hearing or written statements may be addressed to Mr. William A. Dunn, Deputy Secretary at the above mentioned address. CHAPTER I - DEPARTMENTAL RULES SUBCHAPTER IG - LOW-INCOME HOUSING TAX CREDIT PROGRAM SECTION .0100 - GENERAL DESCRIPTION .0101 BACKGROUND The Rules of this Subchapter apply to the administration of the low-income housing tax credit program. Program administration involves the allocation and issuance of tax credits to the owners of rental housing who meet the low-income targeting and other applicable requirements of Section 42 of the Internal Revenue Code of 1986. The low-income targeting requirements must be met for a certain percentage of the units in a housing project throughout a 15 year compliance. Statutory Authority G.S. 14311-429; I43B-430. provide access to a wide variety of credit uses and to achieve a statewide distribution of program benefits. Statutory Authority G.S. J43B-429; 143B-430. .0103 DEFINITIONS (a) Act - The lax Reform Act of 19S6, as amended. (b) Agency - The North Carolina Housing finance Agency. (c) Code - The Internal Revenue Code of 1986, as amended, and including applicable treasury regulations proposed or promulgated thereunder. (d) Committee - The North Carolina Tax Reform Allocation Committee created by Executive Order Number 3. (e) Compliance Period - The Period defined in the Code, Section 42(i)(l) and equal to 15 taxable years beginning with the first taxable year of the credit period with respect thereto. (f) Credit Period - The Period defined in the Code, Section 42(f)(1) and equal to the no taxable years beginning with the taxable year in which the building is placed in service, or at the election of the tax payer, the succeeding taxable year. (g) Project - A qualified low- income project. (h) Qualified Non- Profit Organization - A non-profit organization with the meaning of that term as defined in the Code, Section 42(h)(5)(C). (i) Qualified Ixiw-Income Project - A housing development which is a qualified low-income project with the meaning of that term as defined in the Code, Section 42(g). (j) State Credit Ceiling - The tax credit amount allocated to each state as that term is defined in the Code, Section 42(h)(3)(C). .0102 OBJECTIVES The purpose of the Rules of this Subchapter is to establish a procedure for the allocation of the available low-income housing tax credits. The objective of the allocation procedure is to maximize the use of the credits available. Statutory Authority G.S. 143B-429; 143B-430. SECTION .0200 - REQUIREMENTS .02"l ELIGIBLE PROJECTS The low-income housing tax credit is available for the acquisition, construction and rehabilitation of 143 XORTH CAROLINA REGISTER PROPOSED RULES low-income rental housing. All projects must comply with the requirements of local housing and zoning laws and applicable state or federal laws, including Section 42 of the Internal Revenue Code. Statutory Authority G.S. 143B-429; I43B-430. .0202 APPLICATION PROCEDURE (a) The agency will solicit applications for tax credits. Such action may include advertising in newspapers and other media, mailing information to prospective applicants and other methods of public announcement. (b) Any sponsor may apply for an allocation of tax credits by submitting an application to the agency in the manner prescribed by the committee. (c) The low-income housing tax credit is available for allocation on an annual basis. The committee may approve a sponsor's application for tax credits for a calendar year subsequent to the year of application, thereby reserving the credits from the subsequent year's credit ceiling. (d) The Federal Tax Act requires that only ten percent of the state's tax credits be set aside for qualified non-profit organizations. The committee has stated that 20 percent of the state credit allocation will be set aside for such non-profit organizations, with the understanding. If, on November 1, of each year, it is apparent that the additional ten percent of the credits is not to be utilized; and thusly would expire, the committee will consider a reallocation of those credits to other applicants. Statutory Authority G.S. I43B-429; 143B-430. .0203 FEES (a) An application for a reservation of tax credits must be accompanied by a non-refundable administrative fee in an amount determined from time to time by the committee. (b) All fees will be used to reimburse the agency for cost incurred in processing applications and in the monitoring of continuing compliance by the beneficiary as required by the federal code. (c) The initial fee schedule will be as follows: ( 1 ) The agency will collect a fee of two percent of the first years credit. For profit sponsors will submit four percent of the first year credit with the application. If the application goes forward and actually uses the credit, two percent (1/2 of the application fee) will be returned to the developer. (2) If the developer withdraws or fails to meet the deadline to use the tax credits, the four percent application fee will be forfeited to the agency. (3) Non-profit organizations will submit two hundred dollars ($200.00) with the application and the remainder of the two percent will be paid to the agency at delivery of the tax credits. Statutory Authority G.S. I43B-429; 143B-430. SECTION .0300 - SELECTION PROCESS .0301 REVIEW OF APPLICATIONS (a) Applications will be accepted and reviewed by the agency in the order that they are received. Incomplete applications and those not accompanied by the required fees, if any, will not be accepted by the agency. (b) Agency review of an application will include, but not be limited to, the following criteria: (1) The ability of the proposed project to meet the requirements of Section 42 and other applicable sections of the Internal Revenue Code and regulations promulgated thereunder throughout the compliance period. (2) The financial feasibility of the project. (3) The ability, experience, financial condition and credit worthiness of the sponsor. (4) The ability of the sponsor to successfully complete the project and place if in service before the close of the calendar \ORTH CAROLS A REGISTER 144 PROPOSED RULES year for which the tax credits have been requested. (5) The project's compliance with local housing and zoning laws and other state or federal laws. Statutory Authority G.S. I43B-429; I43B-430. .0302 APPROVAL OR REJECTION OF APPLICATION (a) Upon completion of it's review of the application for tax credits the agency staff will recommend to the committee that the application approval be granted or denied. (b) The agency staff recommendation will be presented to the committee for it's consideration. (c) Where the committee grants the approval of the application for allocation of the tax credit. The chairman of the committee, or his designee, will issue a communication which sets out the following: (1) the amount of the low- income housing tax credit allocation; (2) the year date of the annual resource from which the allocation is made; and (3) the date on which the allocation of tax credit would expire, unless, within ten business days after such date, the beneficiary of the credit, or his counsel, has completed, executed and returned to the committee, a form which states: (A) the date the transaction was completed; (B) the amount of the tax credit used in the transaction; (C) the amount of unused allocation being returned to the statewide pool of low- income housing tax credits. (d) When the committee is unable to approve or decides to deny the application, the chairman of the committee, or his designee, will so indicate in writing, and with specificity, will state the reasons for such denial. Statutory Authority G.S. 143B-429; I43B-430. Notice is hereby given in accordance with G.S. '/50B-/2 that the Department of Commerce intends to adopt regulation cited as 4 NCAC III .0I00-.0/03; .020J-.0204; and .030/-.0303. The proposed effective date of this action is October 1 , 1987. The public hearing will be conducted at 3:00 p.m. on June 15, 1987 at Commerce Hearing Room, No. 6168 Dobbs Building, 430 North Salisbury St., Raleigh, N. C. 27611. Comment Procedures: Attendance at Public Hearing or written statements may be addressed to Mr. William A. Dunn, Deputy Secretary at the above mentioned address. SUBCHAPTER 111 - PRIVATE ACTIVITY BOND VOLUME CAPACITY PROGRAM SECTION .0100 GENERAL DESCRIPTION .0101 BACKGROUND The rules of this Subchapter apply to the administration of the Private Activity Bond Volume Capacity Program. Made necessary by Federal legislation, this program will relate to a type of financing now defined and controlled as "private activity" bonds. Executive Order No. 37, issued by Governor James G, Martin on March 17, 1987 is a response to federal mandates. It is hereby referenced and incorporated herein as if fully set out in this Paragraph. Statutory Authority G.S. 143B-429; 143B-430. .0102 OBJECTIVES The purpose of this Rule in this Subchapter is to set out the definitions, the procedures and the criteria by and under which the North Carolina Federal Tax Reform Allocation Committee will carry out the duties set out in Executive Order No. 37. Statutory Authority G.S. 143B-429; I43B-430. .0103 DEFINITION (a) Act - shall mean the Tax Reform Act of 1986, as amended. 145 NORTH CAROLINA REGISTER PROPOSED RULES (b) Committee - shall mean the North Carolina Federal Tax Reform Allocation Committee created by Executive Order No. 37. (c) Department - shall mean the North Carolina Department of Commerce. (d) Issuer - shall mean the entity authorized to issue Private Activity Bonds, except that in the case of Private Activity Bonds issued pursuant to Article 22 of Chapter 160A of the General Statutes of North Carolina, or issued solely pursuant to regulations, rules, procedures or rulings of the Internal Revenue Service of the United States, "Issuer" shall mean the municipal corporation which created the issuing commission or the municipal corporation which approved the issuance of the bonds pursuant to such regulations, rules, procedures or rulings. (c) "Private Activity Bond" - will mean any instrument of debt defined by federal law and regulation as a Private Activity Bond, thusly requiring an allocation of Private Activity Bond Volume capacity. (f) "Private Activity Bond Volume Capacity" - will constitute a statewide resource which is measured by a formula contained in the federal tax reform act of 1986. The resource will constitute a total volume limitations of such bonds that can be issued by North Carolina issuers. (g) "Uniform Volume Limitations" - shall mean the total volume capacity for North Carolina allowed by the formulas contained in federal legislation pertaining to private activity bonds. (h) "Election as carryforward purpose" - shall mean a designation made by the committee under the definitions continued in federal legislation. Generally it allows an allocation made from the present year volume capacity to be used in a named subsequent year. Statutory Authority I43B-430. G.S. I43B-429; SECTION .0200 - APPLICATIONS AND PROCEDURE .0201 GENERALLY This Section provides the application procedures which shall be followed, including data and information shall be followed, including data and information submissions, before the North Carolina Tax Reform Activity Committee will make final decision relating to allocations of capacity for private activity bonds. Statutory Authority G.S. I43B-429; I43B-430. .0202 INFORMATION AND APPLICATIONS Issuers and interested parties may obtain general information pertinent to this program at: (1) The North Carolina Department of Commerce, Room 6122 or 2019, Dobbs Building, 430 North Salisbury Street, Raleigh, NC 27611 (919) 733-4962 or 733-5297. (2) Office of State Treasurer, Room 100, Albemarle Building, Raleigh, NC 27611, (919) 733-3952 or 733-3064. Applications may be filed at either of the above addresses, but for the most part, should be directed to the chairman of the committee in care of the Industrial Finance Group in the Department of Commerce, at Room 2019, Dobbs Building. Applications will include pertinent facts as to the project being financed, the time table for construction and financing of the project, the details of sale and market distribution, as well as details concerning economic benefits to the area impacted by the project. Applications will be processed by the chairman or staff available to him, and presented to the committee. Statutory Authority G.S. 143B-429; I43B-430. .0203 FORMAL PROCEDURE APPROVAL When the committee can approve the allocation of capacity, the chairman, or his designee, will so indicate in writing, any terms or conditions of the allocation, includuig the expiration date of the ISORTH CAROLINA REGISTER 146 PROPOSED RULES allocation. Any unused portion of the allocation will revert back to the statewide pool of volume resource. The use of any allocation is predicted on the Issuer of the bonds, within ten business days after such issue, advising in writing, that the allocation has been used, and stating the amount of unused allocation. All allocations will be issued with a stated time of expiration. If the Issuer becomes aware that the bond closing cannot be effected within the time scheduled, he may apply for an extension. In the case of a time extension, issuer will provide written confirmation from all parties to the transaction that they have seen and agreed to all terms and conditions for the financing. Statutory Authority G.S. I43B-429; 143B-430. .0204 FORMAL APPLICATION PROCEDURES: DENIAL When the committee is unable to approve the application, the chairman or his designee will so indicate in writing, with specificity, the reasons for such denial. Statutory Authority G.S. 143B-429; I43B-430. SECTION .0300 REVIEW CRITERIA .0301 GENERAL It is the purpose of this Section to specify the standards and the criteria the committee will use in making their decisions. Statutory Authority G.S. I43B-429; 143B-430. informed authorities, with issuers, and with legislative lenders. When it appears that the demand for the resource will be large enough that the needs of all issuers can be met, the committee will make allocations on a first-come, first-serve basis. Where demand, or potential demand, appears so large that the resource might prove to be inadequate, the committee would consider, but not limit their consideration to, the folio wing: (1) the overall good of the state and the people of North Carolina, (2) relative economic need and benefit to the issuer and the area to be impacted by the following, (3) whether or not alternative structure or mechanisms for the project agreements and the financing documents might resolve or reduce the need for a "private activity bond" capacity allocation, and (4) whether or not the overall project feasibility, is dependent on the availability of an allocation, and (5) whether or not the issuer is in competition with another out of state issuer for the project benefits such as jobs and tax base, and (6) whether or not the availability of the allocation is a crucial part of keeping an existing industrial plant open, whereas the alternatives would be for that plant to close. Statutory Authority G.S. 143B-429; 143B-430. .0302 ESTABLISHMENT OF AVAILABILITY CAPACITY The committee will determine the amount of the uniform bond limitations for Private Activity bonds available in North Carolina for the pertinent years. These formulas arc contained in federal legislation. Statutory Authority G.S. 143B-320; 143B-429. .0303 CONSIDERATIONS OF RESOURCES USAGE AND DEMAND The committee will consult with Notice is hereby given in accordance with G.S. I SOB- 1 2 that the Savings and Loan Division intends to adopt and amend regulations cited as 4 NCAC 16D .0404; .0901; .1001 -.1004; and 1 6F .0001. The proposed effective date of this action is October 1 , 19S7. The public hearing will be conducted at 10:00 a.m. on June 15, 1987 at Room 4205, Dobbs Building, 430 N. Salisbury' St., Raleigh, N.C. 27611. 147 NORTH CAROLINA REGISTER PROPOSED RULES Comment Procedures: Written comments may be sent to Savings and Loan Division, P. O. Box 25249, Raleigh, NC, 2761 1. Requests for an opportunity to present oral testimony and a summary of the testimony must be received at this address no later than June 10, 19S7. CHAPTER 16 - SAVINGS AM) LOAN DIVISION: SAVINGS AND LOAN COMMISSION SUBCHAPTER 16D -OPERATION OF SAVINGS AND LOAN ASSOCIATIONS SECTION .0400 - LOANS .0404 ALTERNATIVE MORTGAGE INSTRUMENTS (a) An association may use any alternative mortgage instrument agreed upon by the association and the borrower. The term "alternative mortgage instrument" shall include any type of mortgage instrument other than a conventional mortgage instrument with a fixed interest rate and fixed payments. This rub does not :<pply to. equity lines of ereilit loans as defined in G S 45-Xl An association Ls deemed La have complied with this link if il complies with similar requirements promulgated ay. the. federal Lnsuret of accounts Garagraphs llu and U4 of this Rule apply, only. Lu credit lr.<nsai-tinns where the hormwlT is a natural person and. the intended use of the loan proceeds is fur personal, family, or household purposes Statutory Authority OS. 54B-55; 5413- 163. SECTION .0900 - INVESTMENTS .0901 SECURITIES An association may invest in any security that has been rated at least BAA or equivalent by a nationally recognized rating service. In no case may investments in BAA ,or equivalent securities exceed in the aggregate 25 percent of net worth. Statutory Authority G.S. 54B-55; 54 B- 193. SECTION .1000 - VOl UNTARY DISSOLUTION .1001 PLAN OF LIQUIDATION The administrator may specify provisions which shall be included in the plan of Liquidation. Statutory Authority G.S. 54B-42; 54B-55. .1002 DISPOSITION OF ASSETS After approval of the plan of liquidation by the administrator, the association shall, except in case of dissolution under G.S. 55-1 16(a)(2), (3) and (4), immediately cause notice of the dissolution to be mailed to each known creditor of the association, and to the Secretary of Revenue, and such notice shall be published once a week for four successive weeks in a newspaper published in the county wherein the association has its principal office, and, if there be no newspaper published in such county, then in some newspaper of general circulation in such county. The association shall then proceed to collect its assets, convey and dispose of such of its properties as arc not to be distributed in kind to its members or shareholders, pay, satisfy and discharge its liabilities and obligations and do all other acts required to liquidate its business and affairs, including the collection of unpaid subscriptions necessary to equalize the agreed payments by subscribers of its shares. After paying or adequately providing for the payment of all its obligations, the association shall distribute the remainder of its assets, cither in cash or in kind, among its members or shareholders according to their respective rights and interests. Statutory Authority G.S. 54B-42; 54B-55. .1003 RELOCATION AND CANCELLATION OF DISSOLUTION (a) At any time after the filing of the plan of liquidation and prior to the filing of a certificate of dissolution, a voluntary dissolution may be revoked by filing of a statement of revocation of dissolution. The contents of such a statement and the proceedings taken so as to revoke a dissolution shall conform with such adaptations as NORTH CAROLINA REGISTER 148 PROPOSED RULES are appropriate to revocation under either G.S. 54B-40 or 54B-41. (b) Upon the filing of such statement of revocation of dissolution, the revocation of the voluntary' dissolution proceedings shall become effective and the association may again carry on business. Statutory 54B-55. Authority G.S. 54B-42; Comment Procedures: Written comments must be submitted by June 15. 1987 to: Director, Division of Medical Assistance, 1985 U instead Drive, Raleigh, N.C. 27603. Oral comments may be presented at the hearing. CHAPTER 26 - MEDICAL SERVICES SUBCHAPTER 26G - PROGRAM INTEGRITY .1004 WAIVER The administrator may waive or alter any requirements set forth in this Section to promote the best interests of the public or the association. Statutory Authority G.S. 54B-42; 54B-55. SUBCHAPTER 16F- SERVICE CORPORATIONS AM) FINANCE SUBSIDIARIES .0001 PERMITTED ACTIVITIES The service corporation of an association may engage in those activities which arc approved by the federal 1 lomc Loan Hani; Hoard federal insurer of accounts for service corporations owned solely by federal savings and loan associations which have principal offices in this state, and any investment authorized for state-chartered savings and loan associations and approved in advance in writing by the administrator. Statutory Authority G.S. 5411-194. TITLE 10 - DEPARTMENT OF HUMAN RESOURCES Notice is hereby given in accordance with G.S. I50B-I2 that the Division of Medical Assistance intends to adopt, amend, repeal regulations cited as 10 NCAC 26G .0402: .0403: .0707 and 26H MOI-,0605. The proposed effective dale of this action is October J, 1987. The public hearing will be conducted at 1:30 p.m. on June 15. 1987 at North Carolina Division of Medical Assistance, 1985 U instead Drive, Room 201, Raleigh. N.C. 27603. SECTION .0400 - AGENCY RECONSIDERATION AND EXECUTIVE DECISIONS .0402 RECONSIDERATION REVIEW 1 OR PROGRAM ABUSE (c) The Reconsideration Review decision will be sent to the provider in writing by certified mail within five working days following the date of review. It will state the schedule for implementing the administrative measures and/or recoupment plan, if applicable, and it will state that if the Reconsideration Review decision is not acceptable to the provider, he may request au Executive Deci s ion uf, in case s ©f su s pension of termination a hearing , a contested case hearing in accordance with the provisions lound at H) NCAC IB .0200 The provider shall have 15 working days to request a contestcll case hearing. Unless the request is received within the time provided, the Reconsideration Review decision shall become the divisions final decision. hn processing the contested case request, the Director Medical as the sE-ill be final 2? tfc Assistance Division oi shall serve the secretary's designee and responsible tor making agency decision. (44 44+t provider will be instructed that the request tot ao- Executive Decision «f hearing must be received within the time set by Rule . 4 03(b) of this Subch a pter . U bv that date the request to* aw tj xcculivc Dec i s i on has not been received , the admini s trative measures shall be implemented without further notificat i on . Statutory Authority G.S. I OS A- 25(b): 108A-54: I50B-22; 42 CFR Part 455. 149 NORTH CAROLINA REGISTER PROPOSED RULES .0403 EXECUTIVE DECISION FOR PROGRAM AMUSE (REPEALED) Statutory Authority (7.5. l08A-25(b); 14313-153: 1501)-//; 42 CFR Part 455. SECTION .0700 - ADMINISTRATIVE SANCTIONS AND RECOUPMENT .0707 TECHNIQUE FOR PROJECTING MEDICAID OVERPAYMENTS (a) llie Medicaid agency will seek restitution of overpayments made to providers by the Medicaid program. (b) The agency will use a Disproportionate Stratified Random Sampling Technique in establishing provider overpayments only for repeat offenders. (c) This technique is an extrapolation of a statistical sampling of claims used to determine the total overpayment for recoupment. (d) The provider may challenge the validity of the findings in the SAMPLE itself in accordance with the provisions found at Rule .0402 and .0403. Statutory Authority G.S. 108A-25(b); I08A-54; I08A-55; I08A-63; 42 CFR Part 455. Notice is hereby given in accordance with G.S. I50B-I2 that the Division of Medical Assistance intends to repeal regulation cited as 10 NCAC 26H .0501. '/'he proposed effective dale of this action is October 1 , 1987. The public hearing will be conducted at 1:30 p.m. on June 15. 1987 at North Carolina Division of Medical Assistance. 1985 U instead Drive, Room 201, Raleigh, NC 27603. Comment Procedures: Written comments concerning this repeal must be submitted by June 15, 1987 to: Director, Division of Medical Assistance, 1985 Umstead Drive, Raleigh, NC 27603. Oral comments may be presented at the hearing. SUBCHAPTER 2611 - REIMBURSEMENT PLANS SECTION .0500 - REIMBURSEMENT FOR SERVICES .0501 HOME HEALTH SERVICES (REPEALED) Statutory Authority G.S. 108A-25(b); S.L. 1985, c. 479, s. 86. SECTION .0600 - HOME HEALTH PROSPECTIVE REIMBURSEMENT .0601 REIMBURSEMENT PRINCIPLES All covered services provided by certified home health agencies participating in the North Carolina Medicaid Program are to be reimbursed on a prospective payment basis as set forth in this plan. The intent of this plan is to develop reasonable rates that provide incentives for the cost effective and efficient delivery of home health Statutory Authority G.S. 108A-25(b); 108A-54; I08A-55; S.L. 1985, c. 479, s. 86; 42 CFR 440.70. .0602 REIMBURSEMENT METHODS (a) A maximum rate per visit is established annually for each of the following services: (1) Registered or Licensed Practical Nursing Visit; (2) Physical Therapy Visit; (3) Speech Therapy Visit; (4) Occupational Therapy Visit; (5) Home Health Aide Visit. (b) The maximum rates for the services identified in Section (a) above are computed and applied as follows: ( 1 ) Payment of claims for visits is based on the lower of the billed customary charges or the maximum rate of the particular service. Governmental providers with nominal charges may bill at cost. For this purpose, a charge that is less than 50 percent of cost is considered a nominal charge. (2) The maximum rates arc derived from a base year selected by the state. The base year maximum rates arc set at 90 percent of the median charge per visit for each service. (3) To compute the annual maximum rates, the base year median rates per visit arc NORTH CAROLINA REGISTER 150 PROPOSED RULES adjusted as described in Sections (4), (5), and (6). (4) Base year rates are adjusted by an annua] cost index factor. The cost index has a labor component with a relative weight of 75 percent and a non-labor component with a relative weight of 25 percent. The relative weights arc derived from the Medicare Home Health Agency Input Price Index published in the Federal Register dated May 30, 1986. Labor cost changes arc measured by the annual percentage change in the average hourly earnuigs of North Carolina service workers. Non-labor cost changes are measured by the annual percentage change in the GNP Implicit Price Deflator. (5) The annual cost index equals the sum of the products of multiplying the forecasted labor cost percentage change by 75 percent and multiplying the forecasted non-labor cost percentage change by 25 percent. The base year rates are multiplied by the cost index factor for each year from the base year to the year in which the rates apply. (6) Other adjustments may be necessary for special factors relating to home health services or to comply with federal or state laws, regulations and policies. (c) Medical supplies and Durable Medical Equipment are reimbursed at the lower of billed customary charges or a maximum amount determined for each supply and equipment item. The maximum amount for each item is determined by multiplying the prevailing Medicare Part B allowable amount by 145 percent to account for the allocation of overhead costs and by 80 percent to encourage maximum efficiency. Estimates of reasonable cost will be used if a Medicare allowable amount cannot be obtained lor a particular supply or equipment item. The Medicare allowable amounts will be those amounts available to the Division of Medical Assistance as of July 1 of each year. (d) Parenteral and Enteral Therapy and other in-home therapies (e.g., chemotherapy, antibiotic therapy) covered under the North Carolina Medicaid Program arc reimbursed at the lower of billed customary charges or the comparable Medicare Part B allowable amount. (e) Extended home care nursing is reimbursed at the lower of billed customary charges or an established hourly rate. The rate is derived from the average billed charges per hour in the base year and is adjusted annually by the percentage change in the average hourly earnings of North Carolina service workers. (f) In addition to prospective rate payments, a hardship cost settlement payment is made to a home health agency if the agency's total Medicaid reasonable cost significantly exceeds its total Medicaid payments as reported in an annual cost report. The amount of the hardship payment is equal to the excess cost minus ten percent of an agency's total Medicaid cost. Hardship settlement payments will not be available for cost reporting periods beginning on or after July 1, 1989. Statutory Authority G.S. 108A-25(b); IOSA-54; 108A-55; S.L. 1985, c. 479, s. 86; 42 CFR 440.70. .0603 APPEALS Providers may appeal maximum rates by presenting written requests and supporting data. Rates will not be adjusted retroactively. Appeals will be processed in accordance with division procedures for Provider Reimbursement Reviews. Statutory Authority G.S. l08A-25(b); 108A-S4; I08A-55; S.L. 1985. c. 479, s. 86; 42 CFR 440.70. .0604 COST REPORTING AM) AUDITING Annual cost reporting and auditing are required in accordance with the Medicare principles of reimbursement and the Medicare intermediary's schedules, standards and procedures. 151 NORTH CAROLINA REGISTER PROPOSED RULES Statutory Authority G. S. l08A-25(b); 108 A -54; I08A-55; S.L. 1985, c. 479, s. 86; 42 CFR 440.70. .0605 PAYMENT ASSURANCES (a) The state will pay the amounts determined under this plan for each covered service furnished in accordance with the requirements of the State Medicaid Plan, provider participation agreement, and Medicaid policies and procedures. (b) Participation in the program is limited to providers who accept, as payment in full, the amounts paid in accordance with this plan. (c) In all circumstances involving third party payment, Medicaid is the payor of last resort. Any amounts paid by non-. Medicaid sources arc deducted in determining Medicaid payment. 1'or patients with both Medicare and Medicaid coverage, Medicaid payment is limited to the amount of coinsurance related to the services, supplies and equipment covered under the Medicare program. (d) Payments may be recouped from any provider found to be billing amounts in excess of its customary charges, or costs if charges are nominal, as follows: (1) Amounts paid in excess of customary charges, or costs if charges are nominal. (2) A penalty amount equal to five dollars ($5.00) per paid visit or 25 percent of customary charges for supplies, equipment and other services. Statutory Authority G. S. 108A-25(b); 108A-54; I08A-55; S. L. 1985, c. 479, s. 86; 42 CFR 440.70. Notice is hereby given in accordance with G.S. 150B-I2 that the Social Services Commission intends to amend regulations cited as 10 MCA C 35E .0105; .0106; 42B .1201; .1203; 42C .2001; .2212; .2302; .2303; 49C .0/01; .0301; .0302. The proposed effective date of this action is September I, 1987 and October 1, 1987. The public hearing will be conducted at 10:00 a.m. on June 24, 1987 at Woodoak Building, Second Floor Conference Room, 1 100 Navaho Drive, Raleigh, North Carolina 27609. Comment Procedures; Any interested person may present his/her views and comments either in writing or orally at the hearing. Any person may request information, permission to be heard or copies of the proposed regulations by writing or calling Bonnie Allred, 324 N. Salisbury Street, Raleigh, North Carolina 276/1. _ CHAPTER 35 - FAMILY SERVICES SUBCHAPTER 35E - SOCIAL SERVICES BLOCK GRANT (TITLE XX) SECTION .0100 - CONDITIONS OF ELIGIBILITY .0105 MAXIMUM INCOME LEVELS FOR SERVICES (b) 80 Percent of Established Income. An individual whose gross monthly family income is as much as 60 percent but less than 80 percent of the state's established income for a family of that size may be eligible for any of the following services if available in the county in which he lives: (1) community living services; (2) day care services for adults; (3) delinquency prevention services-residential care; (4) health support services- resource items; (5) housing and home improvement services; (6) in-home services: chore services; (7) in-home services: homemaker services; (8) personal and family counseling; (9) preparation and delivery of meals; U-U-) problem pregnancy s erv i ces - re s idential care ; (444 (10) residential treatment for the emotionally disturbed. Statutory Authority G.S. I43B-I53(2a) b. .0106 WITHOUT REGARD TO INCOME NORTH CAROLLXA REGISTER 152 PROPOSED RULES STATUS (a) Individuals may be determined eligible for the following scrviecs on the basis of need for the service and without regard to their income: ( 1 ) adoption services; (2) foster care services for adults; (3) foster care services for children; (4) protective services for adults; (5) protective services for children; (6) any service funded under the Social Services Block Grant (Title XX) that is needed in conjunction with protective services may be provided without regard to income during the first 12 months that protective services is provided if such service is available in the county in which the individual lives and the agency has received a referral report pursuant to G.S. 7A-543 or G.S. 108A, Article 6. has initiated protective services in accordance with program policies, and has determined that such other services are needed to support the provision of protective services; (7) delinquency prevention (excluding residential care); (8) employment and training support services (excluding transportation and resource items); (9) health support services (excluding transportation and resource items); (10) individual and family adjustment services (excluding camping component); (11) problem pregnancy (excluding (including residential care). Statulon' Authority I43B-I53(2a) b. G.S. (HAITI l< 42 - INDIVTDUAI AM) FAMILY SUPPORT SUBCHAPTER 42H - I.1CKNSING OK HOMES I OR l)F\ I I OI'MI.NTAI I Y DISAHI hi) ADULTS SI CI ION .12(1(1- PKRSONNI I .1201 I'l RSONNI I HI Ql IRI Ml NTS The qualifications of administrator, co-administrator, supcrvisor-in- charge, manager, and co-manager are as follows: (4) nui-t U; &i good character ; must provide written documentation about convictions of criminal offenses from thc~ clcrk of court in the county in which the conviction was made, and about any driving" offenses other than minor traffic violations from the motor vehiclcTofficc; Statulon- Authority G.S. 131D-2; I43B-I53; 1 68- 1; I6S-9. .1203 QUALIFICATIONS OF RELIEF PFRSON-IVCHARGE (a) Qualifications of relief person-in-charge arc set forth in Rule .1202 of this Section except that the relief person-in-charge must provide written documentation about convictions of criminal offenses from the clerk of court in the county in which the conviction was made, and about any d rising o flenses other than minor traffic violations from the motor vehicles office; Statutory Authority G.S. 131D-2; 1 4311-/ 53. SUBCHAPTER 42C - LICENSING OF FAMILY CARE HOMES SECTION .2000 - PERSONNEL .2001 QUALIFICATIONS OF ADMINISTRATOR (1) The potential administrator must applv on the License Application' (DSS-1860). The Recommendation for a License (DSS-1861) is to be completed by the county department of social services and forwarded along with references and other appropriate forms to the Division of Facility Services for approval or disapproval; (2| The administrator (approved after January 1, 1 ( >77) must be at least a high school graduate or certified under the G.L.D. Program; (3) The administrator must be 18 \ears of age or older; (4) The administrator or 153 tXORTH CAROLINA REGISTER PROPOSED RULES corporation must be able to obtain credit or have other verified resources to meet operating costs and provide required services when unexpected situations arise, such as extended resident vacancies and major home repairs. Verification of ability to obtain credit or the availability of other resources must be documented by the administrator or corporation; (5) The administrator must be willing to work with bona fide inspectors and the monitoring and licensing agencies toward meeting and maintaining the Rules of this Subchapter and other legal requirements, including those of the Civil Rights Act of 1964 when the administrator has signed Form DSS-1464; (6) The administrator, or a person designated in writing by the administrator to act as his agent and make decisions on his behalf, must meet with the Adult Homes Specialist at the specialist's request at an agreed time in the home as often as necessary to insure compliance with the standards; (7) The administrator must meet the general health requirements specified in Rule 2004 of this Subchapter; (8) The administrator must provide at least three current reference letters and/or the names of individuals with whom a reference interview can be conducted. The individuals providing reference information must be knowledgeable of the applicant administrator's background and qualifications and must include at least one former employer. Xiv± county department of s ocial services i* to c h eck police *ud court records . (9) The administrator must provide written documentation about convictions o[ criminal offenses from thc~ clcrk of court in the county in which the conviction was mai3c, ~ arid about any dnving~ ~ offcnscs other than minor traffic violations from the motor vehiclcs~office; (■9) (10) The administrator must meet the requirements of either Subparagraph (a) or (b) of this Paragraph in accordance with procedures established by the Department of Human Resources: (a) 'I"hc administrator must verify that he has worked in a licensed domiciliary facility for at least 30 days in an on-the-job training program approved by the Department of Human Resources; or (b) The administrator must verify that he has past education, training and experience related to the management and operation of adult residential care facilities; (44)) (11) The administrator must verify that he earns 15 hours a year of continuing education credits related to the management of domiciliary homes and care of aged and disabled persons in accordance with procedures established by the Department of Human Resources. The requirements for earning continuing education credits does not apply in those situations where the administrator is also a currently licensed nursing home ad mini st rator; and Statutory Authority G.S. I43B-/53. 13ID-2; SECTION .2200 - ARRANGEMENT AND SIZE OF ROOMS .2212 HOUSEKEEPING AND FURNISHINGS (c) Each bedroom must have the following furnishings in good repair and clean for each resident: (1) Single bed equipped with box springs and mattress or solid link springs and no-sag inncrspring or foam mattress. Hospital bed appropriately equipped must be arranged for as needed. A double bed is allowed if used only for single occupancy, unless occupied by husband and wife. A water bed is allowed if requested by a resident and permitted by the KORTH CAROLIX4 REGISTER 154 PROPOSED RULES home. Each bed is to have the following: (A) at least one pillow with clean pillow case; (B) clean top and bottom sheets on the bed, with bed changed as often as necessary but at least once a week; and (C) clean bedspread and other clean coverings as needed; (2) a bedside type table for each bed accessible to the resident while in bed; (3) chest of drawers or bureau when not provided as built-Lns, or a double chest of drawers or double dresser for two residents; (4) a wall or dresser mirror that can be used by each resident; (5) a minimum of one comfortable chair (rocker or straight, arm or without arms, as preferred by resident), high enough from door for easy rising; (6) additional chairs available, as needed, for use by visitors; (7) individual clean towel and wash cloth, and towel bar; and (8) a bedside lamp or a light overhead of bed with a toggle switch within reach of person lying on bed; or a lamp. The light must be of 30 foot-candle power for reading. Statutory Authority G.S. I3ID-2; 143B-I53. SECTION .2300 - SERVICES .2302 HEALTH CAKE (d) If a resident is hospitalized, a completed 1 L-2 or patient transfer torm must be obtained before the resident can be readmitted to the lacility (e) Between annual medical examinations there mav be a need retained in the resident's record in the home. The physician's orders must be included in the health lor a physician's care. The I-orm DSS- 1 S67 or an equivalent record rs to be used by the physician to report any drugs prescribed and any treatment given or recommended lor minor illnesses. (I) All contacts I office, home or telephone) with the resident's physician are \o be recorded on 1'orm DSS- 1867 or an equivalent health services record which is to be services record used for the resident, as follows: ( 1 ) when the resident is examined in the physician's office, the health services record is to be taken and the physician [s to add all necessary information; (2) when the physician examines the resident in the home, the physician is to add all necessary inlormation " Into " tne health services record; and (3) when a physician's order is given by telephone, the administrator or supervisor-in-charge must enter this into the health" services record, initial it and have the physician sign it within 30 days from thedate th~e order is given. (©) [h_l Tne administrator must have specific written instructions recorded on Iorm DSS - 1865 as to what to do in case of sudden illness, accident, or death of a resident. Statutory Authority G.S. I3ID-2; I '43 B- 1 53. .2303 1 OOI) SERVICE (a) Preparation and Serving of Food: (5) When room s ervice is necessary for phy s ical and ' or emotional rea s ons , it must be. as complete as table s ervice with special attention to preparation and prompt serving m order U-u+i correct temperature s of food a*e maintained . J-tot food must be- seated hot (above 440 degrees £4 60 degree s t-+ and tj-44 food served cold (below 45 degrees J-, J degree s (— h Hot food shall be served hot and cold food served cold - and in a consistency to meet individual If needs assistance in eating be maintained at temperature until provided. residents require food shall serving assistance is Uj4 U lood is transported from the. kitchen to dining arca(s) other than the main dining room , it must be transported hi 155 KORTH CAROLIXA REGISTER PROPOSED RULES a s anitary maimer , w i th hot foot! sccucd hot (abov e 440 degree* E, 60 degrees t-> and cold food s erved w-44 (below 45 degrees E, 7 degrees C-4- (c) Special Modified Diets: (1) All special- modified diet orders must be in writing from the resident's physician. Special Modified diet orders must be calorie or gram specific unless standing orders, which include the definition of any s pecial modified diets, have been obtained from the physician and are on file in the home. (2) Menus for these special modified diets must be planned or and/or reviewed and signed (including registration number) by a registered dietitian; (3) The administrator is responsible for maintaining an accurate and current listing of residents for whom s pecial modified diets have been prescribed and a the special modified diet ordered, for use by food service personnel; (5) The administrator is responsible for assisting residents who need s pecial modified diets in understanding and accepting these diets. Statutory Authority G.S. I3ID-2; I43B-153. CHAPTER 49- Al DC SUBCHAPTER 49C - EMERGENCY ASSISTANCE SECTION .0100 - COVERAGE .0101 ELIGIBILITY I OR COVERAGE (a) Eligibility for coverage will be as follows: (1) Emergency Assistance shall be provided to or on behalf of a needy child(ren) under the age of 21, the specified relative of the needy child(ren), the spouse of the specified relative and a«y- olhcr child(ren) under the age of jmq |> mM ICH t he C are and supervi s ion of the specified relative all other individuals sharing the same single unit dwelling with the exception of roomer/boarders and other individuals wh"o occupy a separate apartment within the single unit dwelling. The needy child under the age of 21 who is within the specified degree of relationship must be living with the specified relative or have lived with the specified relative within six months prior to the month in which Emergency Assistance is requested. (2) Families of migrant workers shall be covered if the requirements stated in Paragraph (a) of this Rule and the regulations stated in 45 CFR 233.120 arc met. (b) Verification (1) The county shall accept the applicant's statement to verify the household composition. (2) The county shall accept the applicant's statement verifying living with and kinship unless questionable. If the applicant's statement is questionable, the county department of social services shall be required to verify living with and kinship according to Rules in 10 NCAC 49B .0304. Statutory Authority Chapter 1014. Section 119, Session Laws 19S5 (1986 Regular Session); I43B-I53. SECTION .0300 - RESERVE AND INCOME .0301 RESERVE (a) A family shall be allowed to reserve total resources at a maximum of two thousand two hundred dollars ($2,200). Included in the two thousand two hundred dollar ($2,200) total, a hundred family _ shall be allowed to reserve liquid assets at a maximum of three hundred dollars ($300). if the total reserve owned by the family exceeds two thousand two hundred dollars ($2,200), it shall be ineligible. If the liquid assets owned by the family exceed three hundred dollars~$300), the family shall be ineligible regardless of the total amount of reserve. liquid assets shall include all reserve items listed in [c] below except (6), (7) and [81 (b) Resources owned by members XORTH CAROLINA REGISTER 156 PROPOSED RULES of the household applying for Emergency Assistance shall be counted. (c) The following reserve items shall be counted: ( 1) cash on hand; (2) the current balance of savings account(s); (3) that portion of a checking account other than the monthly income deposited to meet the household's needs; (4) stocks, bonds, mutual fund shares, savings certificates; (5) revocable trust funds; (6) life estate and remainder interest, if salable; (7) net proceeds from a business, including a farm, which has been discontinued; (8) equity in real property not used as a home or producing an income. (d) The following reserve items shall be excluded: ( 1) household or personal belongings (includes essential and non-essential personal property); (2) motor vehicles; (3) primary residence, including mobile home, and all contiguous property; (4) income-producing property; (5) insurance (including burial, term, and whole life cash values); (6) value of prepaid burial contracts; (7) value of burial plots; (8) savings of a student under the age of 21 who is saving his money for school expenses; (9) relocation assistance payments; (10) that portion of monthly income deposited in a checking account to meet monthly needs; (11) non-salable life estate or remainder interest; ( 12) heir property; (13) IILD community development block grants. (e) Verification ( 1) Unless questionable, the value of the family's reserve shall be verified by the specified relative's statement. (2) If the family's resources equal or exceed two thousand two hundred dollars ($2,200) or the specified relative's statement is questionable, resources shall be verified according to 10 NCAC 4913 .0307. (3) If additional verification is required, the application may pend beyond 48 hours. Statutory Authority Chapter 1014, Section 119, Session Laws 1985 (1986 Regular Session); 143B-I53. .0302 1NCOML (a) Except for verification, base periods, and determination of net income, income Rules stated in 10 NCAC 49B .0308 shall control for Emergency Assistance. (b) Base Periods ( 1) lor continuing earned income, the county department of social services shall use the applicant's most recently paid wage. TTic county department of social services shall convert this income to a monthly amount. (2) 1'or all other income except farm income, small business, and income, the property rentals roomer/boarder _ county department of social services shall use income actually received ~~ d"uring the month prior to the month ~oT application. (3) l-'or income from a farm, small business, property rental or a roomer/boarder, the base period shall be the month prior to the month of application through the date of application. The county department oT social services shall divide the uross income received durin this period by the number o months the income covers. 7F income Irom a farm, small business, property rental or a roomen boarder is received other than tEe base period herein countv the nase pe :ribed, the department of social shall count the remaining as of the servic es amount date of application in reserve, (c) Determination ot^ Net Income ( 1 ) Net unearned income is the 157 SORT 1 1 CAROLINA REGISTER PROPOSED RULES amount actually received by each applicant. (2) Net earned income, other than income from a farm, small business, property rental, or a roomer/boarder, is the amount (I 1- ) labor costs; remaining deductions after payroll for Social Security (1'ICA), " federal and state taxes, medical and hospital insurance, retirement, union dues, and any other deduction required by the employer. 3) Net earned income from a % arm is the amount remaining after deduction of operational expenses directly related to producing the income. These expenses include but are not limitedto: (A) fertilizer, insecticides, seed, crop insurance; (B) livestock maintenance; (C) rent payments; (D) taxes; (E) building and equipment maintenance; (F) interest on debts. (4) Net earned income from a small business or Trom self-employment is the amount deduct ion" oT directly remaining after operational xpen related to producing the income. These expenses may include but are not limited to: (A) taxes required to operate the business; (B) licenses and permit fees; (C) rent payments; (D) insurance; (E) labor costs; (!•') maintenance; (G) products required to operate the business; (H) interest on debts; (1) food costsTor self-employed babysitters. (5) Net earned income from property rental is the amount remaining alter deduction oF operational expenses directly related to producing the income. These expenses may include but arc not limited to: (A) interest on debts; m 021 m taxes; insurance; maintenance; utilities; (G) real estate agent's fees. (6) Net earned income from a roomer/boarder is the amount remainin cost of after deduction of the ood d irectly related to producing the income. (±4 (d) Verification (1) The county department of social services shall use any resources available at the county department to verify income of the family. These resources may include but arc not limited to other public assistance case records of the family, income listings such as the State Data Exchange, Bcndex, or Unemployment Insurance and Wage Eiles which is are available both on paper listing and on-line in the State's Eligibility Information System. (2) If records are unavailable at the county department of social services for verifying income, county departments of social services shall accept the specified relative' s written statement its to tiw amount of ike family's income, unless questionable , wage stubs or a written statement from the employer. If the county department of social services is unable to obtain wage stubs or a written statement from the the it shall accept relatives written statement of each household employer spec ified iber's income, unless questionable. (3) If no verification is available and the specified relative's statement is questionable, the county department of social services shall be required to verify income according to the Rules in 10 NCAC 49B .0308(g). (4) If additional verification is required, the application may pend beyond 48 hours. Statutory Authority Chapter 1014, Section 119, Session Laws 1985 (1986 Regular Session); 143B-/53. Notice is hereby given in accordance with G.S. I50B-12 that the Social \ORTH CAROLL\A REGISTER 158 PROPOSED RULES Services Commission intends to amend regulation cited as 10 NCAC 35E .0315. The proposed effective dale of this action is October 1 , 1987 . The public hearing will be conducted at 10:00 a.m. on June 15. I9S? at 4th Floor Conference Room, Albemarle Building. 325 N. Salisbury Street, Raleigh, NC. Comment Procedures: Any interested person may present his; her comments either in writing three days prior to or at the hearing or orally at the hearing for a maximum of ten minutes. Any person may request information by writing or calling Victoria V'oight, Office of Legislative and Lcyal Affairs, 325 N . Salisbury Street, Raleigh. NC 919-733-6920. SECTION .11300 - SERVICE DEFINITIONS .0315 PROBLEM PREGNANCY SERVICES (a) Primary Service. Problem pregnancy services are services to individuals who arc involved with an undcsircd pregnancy. Services include counseling to assist such individuals in looking at alternative solutions to the unwanted pregnancy (e.g., abortion, adoption, or keeping the baby), and at the probable consequences of each alternative; and assistance in arranging for and utilizing other needed services. Residential care, including a concentrated regimen of services as described in (a) of this Rule, room and board for up to six months, medical supervision, and medications required for health maintenance in pregnancy as prescribed by a physician may be provided when such care is provided in a licensed maternity home , an approved living arrangement prescribed in J_0 NCAC 421- .001)6 (21 and .0007 IK Psychiatric counseling specifically related to help in coping with the pregnane) may also be included as an integral but subordinate part of the re amen of residential services. Statutory Authority 143B-I53(2a) b. as. TITLE 14A - DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY Notice is hereby given in accordance with G.S. 150B-12 that the Highway Patrol Division intends to adopt and amend regulations cited as 14A NCAC 9B .0101; 9H .0105; .0804-. 0S05; 91 .0003. The proposed effective dale of this action is October 1, 1987. The public hearing will be conducted at 10:00 a.m. on June 22, 1987 at The Library, Second Floor, Archdale Building, 512 N. Salisbury Street, Raleigh, North Carolina. Comment Procedures: Any interested person may present comments relevant to the action proposed at the public hearing either in written or oral form. Written statements not presented at the public hearing must be directed prior to June 22, 1987 to the Administrative Procedures Coordinator, Second Floor. Archdale Building. 512 N. Salisbury Street, Raleigh or P.O. Box 27687, Raleigh, NC 27611-7687. CHAPTER 9 - STATK HIGHWAY PATROL SUBCHAPTER 9B - PERSONNEL REGULATIONS SECTION .0100 - EMPLOYMENT REGULATIONS .0101 HIGHWAY PATROL MANUAL ADOPTION BY REFERENCE (a) The State Highway Patrol Division of the Department of Crime Control and Public Safety adopts by reference the portions of the Highway Patrol Manual, Personnel Regulations 9B .01 00-. 0400, effective February i, m&, October 1, 1987. (b) Copies of the Manual may be inspected in the Administrative Procedures Section of the Attorney General' s Office , 4-U U. Jone s Street , Office of Administrative Hearings, Raleigh, North Carolina or the Highway Patrol Headquarters, First Floor, Archdale Building, 512 N. Salisbury Street, Raleigh, North Carolina. 159 NORTH CAROLINA REGISTER PROPOSED RULES Statutory Authority G.S. 20-184; 20-/85; 20-/87; 20-/88; 1 26-16; I43B-I0; 150B-II; 150/1-14. SURCIIAI'TKK 911 - ENFORCEMENT REGULATIONS SECTION .0100- ENFORCEMENT ACTIONS .0105 VALIDATING CITATIONS Members shall deliver the N.C.U.C. to a judicial official of the General Court of Justice, for validation as soon after issuance as practical. In no case shall a member fail to deliver the N.C.U.C. within five calendar days of issuance, or prior to the designated court date, whichever should come first. Statutory Authority G.S. 1 5 A- 302; 20-184; 20-/85; 20-/87; 20-/88. SECTION .0800 - PERSONS IN CUSTODY .0804 TRANSPORTING FEMALES (a) A male member shall not transport a female prisoner without a third person being present throughout the trip. Hxceptions may be made whenever it is impossible or impractical to have a third person present. (b) Whenever it is necessary for a male member to transport a female prisoner without the presence of a third person, he shall: (1) Notify the tclecommunicator on duty of the time of departure or arrest, the odometer reading, pace of intended incarceration destination and \im estimated time of arrival at that location. (2) Upon arrival at the destination the member shall notify the tclecommunicator of the time and the odometer reading. (c) Hxceptions may be made to the Rules sctTorth in Tliis Section in individual cases when authorized by a First Sergeant or higher authority. Statutory Authority G.S. 20-/85; 20-/87; 20-/88. 20-/84; of prisoners at the time of arrest or detention. (b) When a member stores or takes possession of a - vehicle containing a domesticated animal or arrests an individual that has in his possession a domesticated anuiiaT the member shall make reasonable efforts to ensure for the safety and well-being of the animal. Reasonable efforts may include contacting the animal's owne r, an immediate lamily member of - the owner, an Animal Shelter, or an Animal Control Officer. Statutory Authority G.S. 20-/84; 20-/85; 20-/87; 20-188. SUBCHAPTER 91 - EFFECT AND USE OF MANUAL: LIABILITY .0003 NO CONTRACT RIGHTS This Manual, Chapter 9 of Title 14A of the N. C. Administrative Code, and all policies, rules, regulations, directives, and procedures of the Patrol and the Department of Crime Control and Public Safety shall not be construed to grant or guarantee to a member or an applicant any right or privilege or to establish a contract or mandatory procedure. Compliance with the State Personnel Act or other applicable law or procedure shall be deemed to be compliance with this Manual, policies, rules, regulations, directives, and procedures of the Patrol and the Department of Crime Control and Public Safety. Statutory Authority G.S. 20-/85; 20-/87; 20-/88. 20-/84; .0805 PROPERTY OF PRISONERS (a) Members shall take all reasonable measures to protect the personal property in the possession TITLE 15 - DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT Notice is hereby given in accordance with G.S. /SOB- 12 that the Division of Coastal Management intends to amend regulations cited as 15 NCA C 71/ .0308. The proposed effective date of this action is October I, 1987. The public hearing will be conducted at 10:00 a.m. on June 18, 1987 at NORTH CAROLINA REGISTER 160 PROPOSED RULES Marine Fisheries Building, 3411 Arendcll Street, Morehcad City, NC Comment Procedures: Written comments may be submitted within 30 days prior to hearing to: Portia P.ochelle, Division of Coastal Management, P.O. Box 27687, Raleigh, NC 27611. CHAPTER 7 - COASTAL MANAGEMENT SUBCHAPTER 711 - STATE GUIDELINES FOR ARIAS OF ENVIRONMENTAL CONCERN SECTION .0300 - OCEAN IIA/.ARD AREAS .0308 SPECIFIC USE STANDARDS (3) Sand- 1 rapping Devices: Low intensity off-shore passive sand-trapping devices T such a* artificial seaweed, may be permitted provided: Statutory Authority G.S. II3A-107; l/3A-//3(b)(6J. Notice is hereby given in accordance with G.S. I50B-12 that the Division of Economic Opportunity intends to amend regulations cited as 15 NCAC 16C .0105 and .0/08. The proposed effective date of this action is October 1, 1987. The public hearing will be conducted at 10:00 a.m. on June 15, 1987, at Fifth Floor Conference Room, 5/2 N. Salisbury St., Raleigh, N. C. 276/1. Comment Procedures: All interested persons are invited to attend. Comments may be submitted in writing or may be presented orally at the hearing. Oral presentations which exceed three minutes are requested to have a written copy to be filed with the hearing clerk. Further details of the proposed changes may be obtained by writing or calling: Mr. James L. Forte, Director, Division of Economic Opportunity, Post Office Box 27687, Raleigh, N. C. 27611: (919) 733-2033. CHAPTER 16- DIVISION OF ECONOMIC OPPORTUNITY SUBCHAPTER 16C - COMMUNITY SERVICES BLOCK GRANT PROGRAM SECTION .0100 - GENERAL PROVISIONS .0105 ELIGIBLE ACTIVITIES (6) to assist unemployed and disadvantaged individuals through Community Food arid* Nutrition initiatives: (a) to coordinate existing private and public food assistance resources, whenever such coordination is determined" to be inadequate, to better serve low-income populations; (b) to assist low-income communities to identify potentiaf sponsors of child nutrition programs and to initiate new programs In underscrved or unserved areas; and (c) to develop innovative approaches at tHe state and local level to meet the nutrition needs o\_ low-income people. Statutory Authority G.S. 143-323(d); 143B-276; 143B-277; 42 U.S.C. 9901-12. .0108 ALLOCATION OE CSBG FUNDS (e) supplemental CSBG grants. 1 he preceding Paragraphs of this Rule do not apply to the allocation of supplemental CSBG grants to North Carolina. Such allocations to Tor eligible" by the eligible applicants activities will be macle divis ioi .!■ 'i nn.iiiiM^viii with conditions federal guidelines on and supplemental appropriations. The division has the flexibility to determine the number of grants awarded and the manner in which grantce(s) are selected based upon the amount of the allocation and th"e~ intent of"~tf"e~ applicable legislation and regulations. Statutory Authority G.S. 143B-276; 143B-227; l43-323(d); 42 U.S.C. 9901-/2. TITLE 20 DEPARTMENT OF STATE TREASURER Notice is hereby given in accordance with G.S. I50B-I2 that the State Treasurer intends to amend 161 NORTH CAROLINA REGISTER PROPOSED RULES regulation cited as 20 NCAC IG .0402. The proposed effective dale of this action is November 1 , 1987. The public hearing will be conducted at 10:00 a.m. on June 24, 1987, at Conference Room (Room 100), Department of Stale Treasurer, 325 N. Salisbury Street, Raleigh, North Carolina. Comment Procedures: A written copy of the comments will be required of all persons wishing to speak at the public hearing. CHAPTER 1 - DEPARTMENTAL RULES SUBCHAPTER IG - INVESTMENT PROGRAM .0402 ELIGIBLE INVESTMENTS (c) The cash reserves of the investment fund may be temporarily invested in the Short-Term Investment Fund or in securities cliiiiblc 5or purchase under G.S. 147-69. 1(c). Statutory Authority G.S. 147-69.3. NORTH CAROLINA REGISTER 162 LIST OF RULES AFFECTED NORTH CAROLINA ADMINISTRATIVE CODE LIST OF RULES AFFECTED EDITION XII, NO. 2 AGENCY ADMINISTRATION EFFECTIVE: May I, 1987 ACTIOS TAKES 1 NCAC 12 .0601 .0902 .1005 .1201 .1402 .1406 Adopted Adopted Adopted Adopted Adopted Adopted 35 .0101 .0103 .0301 .0303 .0403-.0404 .0407 Amended Amended Amended Amended Amended Adopted CORRECTIONS 5 NCAC 2A .0202 .Amended :b .0103 Temp. Amended Expires 5-1-87 21 .2002 .21)02 .2003-.2006 .2003-2006 Temp. Amended Expires 5-1-87 Amended Temp. Repealed Expires 5-1-87 Repealed 4C .1801-. 1806 .1801-. 1806 Temp. Repealed Expires 5-1-87 Repealed GOVERNOR'S OFFICE 9 NCAC 2 Executive Order Number 34 Executive Order Number 35 Executive Order Number 36 Executive Order Number 37 Executive Order Number 38 Executive Order Number 39 Executive Order Number 40 Executive Order Number 41 Executive Order Number 42 HUMAN RESOURCES 10 NCAC 4C .0203-.0204 .0402 Amended Amended 7A .0401 Amended IDA .2001 .2007-.2010 Amended Amended 10D .2401 .2407 .2409-2411 Amended Amended Amended Ifll- .0001 .0028-. 0032 Amended Amended 163 NORTH C A ROUS A REGISTER LIST OF RULES AFFECTED .0034 Amended .0041 Amended 10G.0703-.0707 Amended INSURANCE 1 1 NCAC 15 .0001-.0010 Amended LABOR 13 NCAC 7C.0101 Amended CRIME CONTROL AND PUBLIC SAFETY 14A NCAC 8B .0101 Amended NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 15 NCAC 2B .0304 Amended 6E .0101-.0108 Adopted 711.0208 Amended .0309 Amended 7J .0312 Adopted 1 OF. 03 14 Amended REVENUE 17 NCAC 9G.0 i Amended .0512 Amended ( >I .0202 Amended .0502 Amended .0504 Amended TRANSPORTATION 19A NCAC 31 .0101 Amended .0104 Amended .0201-.0202 Amended .0204-.0205 Amended .0206 Repealed .0208 Amended .0304 Repealed .0306-. 0307 Amended .0402-. 0403 Amended .0501 -.0502 Amended .0601 Amended .0701-.0702 Amended .0801 Amended .0803 Amended .0901-0909 Repealed 3.1 .0101-.0102 Adopted .0201 -.0208 Adopted .0301 -.0308 Adopted .0401-. 0403 Adopted .0501 -.0508 Adopted .0601-.0606 Adopted .0701-. 0703 Adopted .0801-.0803 Adopted CPA EXAMINERS 21 NCAC 8A .0105 Amended 16M.0001-.0002 Amended 38 .0104 Amended .0201 Amended .0202 Repealed .0204 Amended \ORTH CAROLLXA REGISTER 164 LIST OF RULES AFFECTED .0303 Amended 58 A. 11 04 Amended COMMUNITY COLLEGES 23 NCAC 2D .0301 Amended PERSONNEL 25 NCAC ID. 0509 Amended 165 SORT 1 1 CAROLINA REGISTER NC AC INDEX TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE TITLE DEPARTMENT 1 Administration, Department of 2 Agriculture, Department of 3 Auditor, Department of State 4 Commerce, Department of 5 Corrections, Department of 6 Council of State 7 Cultural Resources, Department 8 Elections, State Board of 9 Governor 10 Human Resources, Department of 1 1 Insurance, Department of 12 Justice, Department of 13 labor, Department of 14A ("rime Control, Department of 1 5 Natural Resources and Community Development 16 Education, Department of 17 Revenue, Department of 18 Secretary of State 19A Transportation, Department of 20 Treasurer, Department of State *21 Occupational Licensing Boards 22 Administrative Procedures 23 Community Colleges, Department of 24 Independent Agencies 25 Personnel, Department of State 26 Office of Administrative Hearings NOTE: Title 21 contains the chapters of the various occupational licensing boards. CHAPTER LICENSING BOARD 2 Architecture, Board of 4 Auctioneers, Commission for 6 Barber Lxamincrs, Board of 8 Certified Public Accountant Lxamincrs 10 Chiropractic Examiners, Board of 12 Contractors, Licensing Board for 14 Cosmetic Art Examiners, Board of 16 Dental Lxamincrs, Board of 18 Electrical Contractors, Board of Examiners 20 Foresters, Board of Registration for 21 Geologists, Board of 22 Hearing Aid Dealers and Fitters Board 26 Landscape Architects, Licensing Board of 28 Landscape Contractors, Registration Board of 30 law Examiners, Board of 31 Martial & Family Therapy Certification Board 32 Medical Lxamincrs, Board of 33 Midwifery Joint Committee 34 Mortuary Science, Board of 36 Nursing, Board of 37 Nursing Home Administrators, Board of 38 Occupational Therapist, Board of 40 Opticians, Board of NOR TH CA R OLINA REGIS TER 166 NCACISDEX 42 Optometry, Board of Examiners in 44 Osteopathic Examination and Registration 46 Pharmacy, Board of 48 Physical Therapy, Examining Committee of 50 Plumbing and Heating Contractors, Board of 52 Podiatry Examiners, Board of 53 Practicing Counselors, Board of 54 Practicing Psychologists, Board of 56 Professional Engineers and land Surveyors 58 Real Estate Commission 60 Refrigeration Examiners, Board of 62 Sanitarian Examiners, Board of 64 Speech and Eanguage Pathologists and Audiologists, Board of Examiners of 66 Veterinary Medical Board 167 NORTH CAROLINA REGISTER CUMULA T1VE INDEX CUMULATIVE INDEX (April 1987 - March 1988) 1987 - 1988 Pages Issue 1-137 April 138-169 May AO - Administrative Order AG - Attorney General's Opinions C - Correction E - Errata EO - Executive Order FDL - Final Decision Letters FR - Final Rule GS - General Statute JO - Judicial Order LRA - List of Rules Affected M - Miscellaneous NP - Notice of Petitions PR - Proposed Rule SO - Statements of Organization TR - Temporary Rule ADMINISTRATION State Employees Combined Campaign, 13 PR AGRICULTURE Pesticide Board, 13 PR COMMERCE Departmental Rules, 14 PR, 143 PR Savings & Loan Division, 147 PR CORRECTION Division of Prisons, 105 FR Parole Commission, 106 FR CRIME CONTROL AND PUBLIC SAFETY State Highway Patrol, 159 PR EXECUTIVE ORDERS Executive Orders 34 - 42, 1 EO 43 - 46, 138 EO FINAL DECISION LE1TERS Voting Rights Act, 10 FDL, 141 FDL HUMAN RESOURCES AFDC, 156 PR Family Services, 152 PR NORTH CAROLINA REGISTER 168 CUMLLA LIVE INDEX Individual and Eamilv Support. 153 I'R Medical Services, 149 PR Mental Health Retardation and Substance Abuse, 15 PR INSURANCE Life Accident & Health Division, 17 PR JUSTICE Education and Training Stand;irds, 19 PR LICENSING BOARD Medical Examiners, 95 PR LIST OF RULLS AFFECTED Volume 12, No. 1 (Apnl 1, 1987), 131 LRA Volume 12, No. 2 (May 1, 1987). 163 LRA NATURAL RESOURCES AND COMMUNITY DEVELOPMENT Coastal Management, 94 PR. 160 PR Economic Opportunity, 161 PR Environmental Management, 29 PR Marine Eishcrics, [-4 PR REVENUE Individual Income lax, 107 I'R Motor Euels lax, 108 ER STATE PERSONNEL State Personnel Commission, 96 PR STATE TREASURER Departmental Rules, 161 PR TRANSPORTATION Motor Vehicles, 109 ER 169 NORTH CAROLINA REGISTER V09LZ bu!|ojb3 iijjon 'q3io|B^ 999 II J3AUJJCI O d sSuueaH aAUBjjsiuiiupv jo 3JIJJO 1H 'IS FOLD HERE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE ORDER FORM Please enter my subscription for the North Carolina Register to start with the issue ($95.00/year subscription) Please enter my subscription for the NCAC in microfiche form starting with the edition (Published in March and October: $40.00 per edition) Renew North Carolina Register □ Renew NCAC Check Enclosed □ Please bill me ase make checks payable to Office of Administrative Hearings VIE . ADDRESS Y STATE ZIP )NE____ turn to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.) CHANGE OF ADDRESS: Present Address NAME ADDRESS CITY STATE ZIP 2. New Address NAME ADDRESS CITY STATE ZIP Office of Administrative Hearings P. O. Drawer 11666 Raleigh. North Carolina 27604 FIRST UlaSS MAIL ! 786 UNIV. CAROLINA LAU LI8P- AN HECKE-UETTACH 0S4-A CHAPEL HILL NC 275H


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This property has been removed by the agent. It may be let or temporarily removed from the market
3 bedroom semi-detached house to rentFleet Crescent, Hillmorton, Rugby, Warwickshire
Let Agreed £850 pcm| £196 pw fees apply
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|24 October 2016 (122 days ago)
Full description** LET AGREED BY BROWN AND COCKERILL LETTINGS ** A SPACIOUS THREE BEDROOM SEMI-DETACHED HOUSE WITHIN SOUGHT AFTER RESIDENTIAL LOCATION - CLICK FOR FURTHER DETAILS ....
Property ref: 121_1913_4190093
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• The last 80 years has seen considerable controversy about the classification of patients with mood-incongruent psychotic affective illness (MICPAI). Four viewpoints can be articulated: (1) MICPAI is indistinguishable from typical forms of affective illness; (2) MICPAI is a distinct subtype of affective illness; (3) MICPAI is a form of schizoaffective illness; and (4) MICPAI is a form of schizophrenia. Using the concept of diagnostic validators, I reviewed the empirical evidence for the validity of these four viewpoints. The available evidence argues relatively strongly against the first and fourth viewpoints and rather less strongly against the third. Data from diagnostic validators tend to support the second viewpoint, which is that taken by the framers of DSMIII and DSM-III-R.
Kendler KS. Mood-Incongruent Psychotic Affective IllnessA Historical and Empirical Review. Arch Gen Psychiatry. 1991;48(4):362-369. doi:10.1001/archpsyc.1991.01810280078012
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West Yellowstone Area Campgrounds is located near West Yellowstone, Montana. The trail is primarily used for camping and is best used from May until September.
Camped here on the 4th of July a few years back and also enjoyed the Fireworks display
We stayed at a KOA just outside of West Yellowstone during our trip to Yellowstone National Park. The campground itself was very nice, and the KOA had lots of nice amenities. The only problem I had was that our campsite was right next to a very busy road, and it was hard to sleep at night with the traffic going by.
I went here last year for a vacation to yellowstone. it wasnt the greatest place to stay. not very quiet as well as not that private. The usual things at camgrounds are present. I would suggest find a campground that is on the northern side of hebgen lake. That area was much more nicer if you are looking for a more laid back place as well as privacy.


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Phil Mickelson yesterday claimed a singularly unenviable distinction, becoming the most prolific American loser in the 83-year history of the Ryder Cup. For multiple winners, Americans have a peculiar adjective: the winningest. But with Ian Poulter and Martin Kaymer consigning Mickelson and his partner Rickie Fowler to defeat in the second round of fourball matches, the 40-year-old left-hander, with 17 losses, replaced Raymond Floyd in the record books as the 'losingest'.
Moreover, Mickelson is one of only two players on the American team, along with the rookie Dustin Johnson, yet to trouble the scorers at this Ryder Cup. A mighty reputation precedes the world No 2 and four-times major champion on to every tee, yet so far he has failed dismally to live up to it, performing erratically with his driver and on the greens looking uncharacteristically vulnerable inside 10ft. It was his beloved lob wedge, with which he is a maestro no less than the late Stephane Grappelli with a violin bow, that tended to get him out of trouble yesterday afternoon. But not sufficiently to keep Poulter and Kaymer at bay. Despite a spirited US fightback from three-down after seven holes to all-square after 13, the Anglo-German pair prevailed.
This is Mickelson's eighth consecutive appearance in the Ryder Cup, a record matched only by Billy Casper between 1961 and 1975. And, in fairness, he has also notched up some famous wins; in fact, at Oak Hill in 1995, as a rookie, he scored three points out of three and, with his captain this week, Corey Pavin, hammered Bernhard Langer and Per-Ulrik Johansson in the opening fourballs. Strangely, though, as Mickelson has become more experienced in Ryder Cup matchplay, he has enjoyed less success.
On occasion, he has been ill-served by his captains. At Oakland Hills in 2004, Hal Sutton had the bright idea of teaming up the world's best two players in Mickelson and Tiger Woods, but the scheme backfired spectacularly. The antipathy between Mickelson and Woods has been well-chronicled, and doubtless exaggerated at times, but the pair's body language that opening day made it clear that it was no media fantasy. They strode the fairways in the spirit of Captain Mainwaring and Warden Hodges, serving the same cause but not remotely as comrades. In the morning fourballs, Woods and Mickelson lost to Colin Montgomerie and Padraig Harrington, and in the afternoon foursomes to Darren Clarke and Lee Westwood. Mickelson finished that year's contest with one point and at the K-Club in 2006 had even less joy, scoring just a half. Even in the USA's emphatic victory at Valhalla two years ago he registered only a single outright win.
Woods is usually the American player whose commitment to the Ryder Cup is questioned but, according to one insider, Mickelson's recent attitude has been the more disappointing. Certainly, his golf these last three days has frequently seemed lacklustre, lifted only by his exquisite touch around – but not on – the greens. He looks like a fellow from San Diego, California, who is not entirely sure how he has wound up in a damp Welsh valley in October. It's not as though he's even getting paid to be here. Although a vivid rainbow over the River Usk illuminated his fighting birdie on the long ninth yesterday, there was no pot of gold. The Ryder Cup is played for honour only, and it is perhaps significant that two of the US team's more misfiring players here at Celtic Manor are the two men most used to claiming their honour as individuals, along with a huge cheque. Which is not to say that Woods and Mickelson are only in it for the money, or even that they do not yearn with all their hearts to retain the cup, but there must be some reason why they are so much less formidable in team uniform than when they pick their own outfits.
Meanwhile, although sympathy for Pavin, the bellicose little US captain, does not come naturally to a European, one feels a little for him in the case of Mickelson. It made perfect sense to pair the vastly experienced campaigner first with Dustin Johnson and then with young Fowler, yet in each case his has been a distinctly shaky guiding hand. If anything, it was Poulter who offered the youngster more avuncular support yesterday, rebuking a boorish fan who yelled "well done, Ricky" following a short missed putt on the eighth. Poulter, indeed, looked like the very antithesis of Mickelson all the way round, doffing his cap at every outbreak of "there's only one Ian Poulter" and generally appearing as if he was having the time of his life.
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