Title 01 NCAC — Administration

Chapter 01 Departmental Rules

Subchapter A

01 NCAC 01A .0101 Identifying Information {#sec-01-ncac-01a-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0101}

History

• Status: repealed
• Authority G.S. Chapter 143, Article 36; 143-368; Chapter 143B, Article 9; 143B-6
• 143B-367; 143B-370
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987……
• …

01 NCAC 01A .0102 Departmental Functions {#sec-01-ncac-01a-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0102}

History

• Status: repealed
• Authority G.S. Chapter 143, Article 36; 143-368; Chapter 143B, Article 9; 143B-6
• 143B-367; 143B-370
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987……
• …

01 NCAC 01A .0103 Structure of the Department {#sec-01-ncac-01a-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0103}

History

• Status: repealed
• Authority G.S. Chapter 143, Article 36; 143-368; Chapter 143B, Article 9; 143B-6
• 143B-367; 143B-370
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987……
• …

01 NCAC 01A .0201 Function {#sec-01-ncac-01a-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0201}

History

• Status: repealed
• Authority G.S. 143B-9
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01A .0202 Delegations of Authority {#sec-01-ncac-01a-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0202}

History

• Status: repealed
• Authority G.S. 143B-9
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01A .0203 Controller {#sec-01-ncac-01a-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0203}

History

• Status: repealed
• Authority G.S. 143B-9
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01A .0204 Personnel Officer {#sec-01-ncac-01a-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0204}

History

• Status: repealed
• Authority G.S. 143B-9
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01A .0205 Information {#sec-01-ncac-01a-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0205}

History

• Status: repealed
• Authority G.S. 143B-9
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01A .0206 Workmen's Compensation {#sec-01-ncac-01a-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0206}

History

• Status: repealed
• Authority G.S. 143B-9
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01A .0207 Parking Space Assignments {#sec-01-ncac-01a-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0207}

History

• Status: repealed
• Authority G.S. 143B-9
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01A .0301 Departmental Personnel Office {#sec-01-ncac-01a-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0301}

The departmental personnel office is located in the Administration Building, 116 West Jones Street, Raleigh, North Carolina 27603.

The administrative head of this office is the departmental personnel officer.

History

• Authority G.S. 143B-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01A .0302 Responsibilities {#sec-01-ncac-01a-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0302}

All applications for employment and resumes shall be directed to the departmental personnel office.

History

• Authority G.S. 143B-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01A .0303 Interviewing {#sec-01-ncac-01a-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0303}

History

• Status: repealed
• Authority G.S. 143B-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. July 1, 1987
• Repealed Eff. December 1, 2012.

01 NCAC 01A .0304 Vacancy Lists {#sec-01-ncac-01a-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0304}

History

• Status: repealed
• Authority G.S. 143B-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. July 1, 1987
• Repealed Eff. December 1, 2012.

01 NCAC 01A .0305 Employee Grievance Procedure {#sec-01-ncac-01a-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01A .0305}

History

• Status: repealed
• Authority G.S. 143B-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

Subchapter B

01 NCAC 01B .0101 Scope of Rules {#sec-01-ncac-01b-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0101}

History

• Status: repealed
• Authority G.S. 134B-10; 150A-12; 150A-16
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0102 Petition for Rulemaking Hearings {#sec-01-ncac-01b-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0102}

History

• Status: repealed
• Authority G.S. 134B-10; 150A-12; 150A-16
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0103 Contents of Petition {#sec-01-ncac-01b-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0103}

History

• Status: repealed
• Authority G.S. 134B-10; 150A-12; 150A-16
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0104 Disposition of Petitions {#sec-01-ncac-01b-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0104}

History

• Status: repealed
• Authority G.S. 134B-10; 150A-12; 150A-16
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0105 Timing of Notice {#sec-01-ncac-01b-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0105}

History

• Status: repealed
• Authority G.S. 134B-10; 150A-12; 150A-16
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0106 Additional Information {#sec-01-ncac-01b-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0106}

History

• Status: repealed
• Authority G.S. 134B-10; 150A-12; 150A-16
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0107 Scope of Rules {#sec-01-ncac-01b-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0107}

These rules establish basic minimum procedures for the adoption, amendment or repeal of administrative rules and shall apply to all elements of the Department of Administration unless specifically provided otherwise.

History

• Authority G.S. 143B-10
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0108 Organization of Chapter {#sec-01-ncac-01b-.0108 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0108}

History

• Status: repealed
• Authority G.S. 143B-10; 150B-12; 150B-14; 150B-17
• Eff. July 1, 1987
• Repealed Eff. August 1, 1988.

01 NCAC 01B .0201 Hearing Location {#sec-01-ncac-01b-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0201}

History

• Status: repealed
• Authority G.S. 150A-12(a),(d),(e); 150A-13
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0202 Written Submissions {#sec-01-ncac-01b-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0202}

History

• Status: repealed
• Authority G.S. 150A-12(a),(d),(e); 150A-13
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0203 Presiding Officer; Powers and Duties {#sec-01-ncac-01b-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0203}

History

• Status: repealed
• Authority G.S. 150A-12(a),(d),(e); 150A-13
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0204 Statement of Reasons for Decision {#sec-01-ncac-01b-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0204}

History

• Status: repealed
• Authority G.S. 150A-12(a),(d),(e); 150A-13
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0205 Record of Proceedings {#sec-01-ncac-01b-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0205}

History

• Status: repealed
• Authority G.S. 150A-12(a),(d),(e); 150A-13
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0206 Emergency Rules {#sec-01-ncac-01b-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0206}

History

• Status: repealed
• Authority G.S. 150A-12(a),(d),(e); 150A-13
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0207 Submitting the Petition {#sec-01-ncac-01b-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0207}

Any person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Department of Administration or any of its elements shall address a petition to: Secretary, Department of Administration, 116 West Jones Street, Raleigh, North Carolina 27611. The container of the petition should clearly bear the notation: RULEMAKING PETITION RE and then the subject area.

History

• Authority G.S. 150B-20
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0208 Contents of Petition {#sec-01-ncac-01b-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0208}

The petition should include the following information:

(1) an indication of the subject area to which the petition is directed; for example, "This is a petition to hold a rulemaking hearing to amend rule .000 pertaining to Administrative Procedure Act filing requirements:"

(2) either a draft of the proposed rule or a summary of its contents;

(3) reasons for the proposal;

(4) the effect on existing rules or orders;

(5) any data supporting the proposal;

(6) effect of the proposed rule on existing practices in the area involved including cost factors;

(7) names of those most likely to be affected by the proposed rule with addresses if reasonably known;

(8) name(s) and address(es) of petitioner(s).

Any of the above may be waived at the discretion of the Secretary.

History

• Authority G.S. 150B-20
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0209 Disposition of Petitions {#sec-01-ncac-01b-.0209 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0209}

(a) The Secretary of Administration or the Secretary's designee will determine whether the public interest will be served by granting the request. Prior to making this determination, the Secretary or the Secretary's designee may request additional information from the petitioner(s); he may contact interested persons or persons likely to be affected by the proposed rule and request comments; he may use any other appropriate method for obtaining information on which to base his determination. The Secretary or the Secretary's designee shall consider all of the contents of the petition submitted plus any other information obtained by the means described herein.

(b) Within 30 days of submission of the petition, a final decision will be rendered by the Secretary of the Department of Administration. If the decision is to deny the petition, the Secretary will notify the petitioner(s) in writing, stating the reasons therefor. If the decision is to grant the petition, the Secretary, within 30 days of submission, will initiate a rulemaking proceeding by issuing a rulemaking notice as provided in these Rules and in G.S. 150B-12 or G.S. 150B-13.

History

• Authority G.S. 150B-20
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0210 Recourse to Denial of the Petition {#sec-01-ncac-01b-.0210 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0210}

If the Secretary denies the petition for rulemaking, the petitioner(s) may seek judicial review of the denial to determine whether the Department abused its discretion. This action will require the petitioner to file a civil suit against the Department in Superior Court of Wake County or in superior court of the county where the petitioner resides.

History

• Authority G.S. 150B-20
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0301 Subjects of Declaratory Rulings {#sec-01-ncac-01b-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0301}

History

• Status: repealed
• Authority G.S. 150A-12(e); 150A-17
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0302 Submission of Request for Ruling {#sec-01-ncac-01b-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0302}

History

• Status: repealed
• Authority G.S. 150A-12(e); 150A-17
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0303 Disposition of Requests {#sec-01-ncac-01b-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0303}

History

• Status: repealed
• Authority G.S. 150A-12(e); 150A-17
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0304 Record of Decision {#sec-01-ncac-01b-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0304}

History

• Status: repealed
• Authority G.S. 150A-12(e); 150A-17
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0305 Definition {#sec-01-ncac-01b-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0305}

History

• Status: repealed
• Authority G.S. 150A-12(e); 150A-17
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0306 Timing of Notice {#sec-01-ncac-01b-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0306}

Upon a determination to hold a rulemaking proceeding, either in response to a petition or otherwise, the Secretary shall give at least 30 days notice to all interested persons of a public hearing on the proposed rule.

History

• Authority G.S. 150B-19.1; 150B-21.1; 150B-21.2
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0307 Manner of Notice-North Carolina Register {#sec-01-ncac-01b-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0307}

History

• Status: repealed
• Authority G.S. 150B-12
• Eff. July 11, 1987
• Repealed Eff. August 1, 1988.

01 NCAC 01B .0308 Additional Information {#sec-01-ncac-01b-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0308}

Persons desiring information in addition to that provided in an individual rulemaking notice may contact: Secretary, Department of Administration, Raleigh, North Carolina 27611. The envelope containing the request should clearly bear the notation: REQUEST FOR INFORMATION ON PROPOSED RULES. Any written communication should clearly indicate the rulemaking proceeding which is the subject of the inquiry.

History

• Authority G.S. 150B-19.1
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0401 Right to Hearing {#sec-01-ncac-01b-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0401}

History

• Status: repealed
• Authority G.S. 150A-2; 150A-23
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0402 Request for Hearing {#sec-01-ncac-01b-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0402}

History

• Status: repealed
• Authority G.S. 150A-2; 150A-23
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0403 Granting or Denying Hearing Requests {#sec-01-ncac-01b-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0403}

History

• Status: repealed
• Authority G.S. 150A-2; 150A-23
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0404 Who Shall Hear Contested Cases {#sec-01-ncac-01b-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0404}

History

• Status: repealed
• Authority G.S. 150B-32
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. March 1, 1988.

01 NCAC 01B .0405 Hearing Location {#sec-01-ncac-01b-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0405}

Unless otherwise stated in a particular rule-making notice, the Department of Administration rule-making hearings will be held at the Administration Building, 116 West Jones Street, Raleigh, North Carolina 27611.

History

• Authority G.S. 150B-19.1; 150B-21.1; 150B-21.2
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0406 Request to Participate in Hearings {#sec-01-ncac-01b-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0406}

(a) Any person desiring to present oral data, views, or arguments on a proposed rule should file a request to participate with the Secretary in such a manner that the request will be received by the agency head at least one day prior to the rule-making hearing.

(b) The request to participate should contain a clear reference to the proposed rule, a brief summary of the person's views with respect thereto, and how long the person desires to speak. The envelope containing the request should clearly bear the notation: REQUEST TO PARTICIPATE IN RULE-MAKING HEARING RE: and the subject matter of the proposed rule.

History

• Authority G.S. 150B-19.1; 150B-21.1; 150B-21.2
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0407 Agency Response to the Request to Participate {#sec-01-ncac-01b-.0407 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0407}

Upon receipt of a request to participate in a rule-making hearing, the Secretary or the official presiding over the hearing will acknowledge receipt of the request and inform the person of any limitations on oral presentations deemed necessary for a full and effective public proceeding on the proposed rule. In general, each presentation will be limited to 15 minutes unless some other time limit is prescribed by the hearing officer.

History

• Authority G.S. 150B-19.1; 150B-21.1; 150B-21.2
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0408 Presentation of Oral Comment {#sec-01-ncac-01b-.0408 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0408}

(a) The hearing officer shall create an agenda of members of the public who have requested participation in the rule-making hearing.

(b) If time allows, the hearing officer shall permit limited comment by attending members of the public who have not submitted requests to participate.

(c) Any person making an oral presentation is encouraged to submit a written copy of the presentation to the agency head, the hearing officer, or an agency designee prior to or during the rule-making hearing.

History

• Authority G.S. 150B-19.1; 150B-21.1; 150B-21.2
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0409 Presiding Officer: Powers and Duties {#sec-01-ncac-01b-.0409 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0409}

The presiding officer at the hearing shall have complete control of the proceedings including: extension of any time requirements, recognition of speakers, time allotments for presentations, the right to question speakers, direction of the discussion and management of the hearing. The presiding officer, at all times, will take care that each person participating in the hearing is given a fair opportunity to present views, data and comments.

History

• Authority G.S. 150B-19.1; 150B-21.1; 150B-21.2
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0501 Failure to Appear {#sec-01-ncac-01b-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0501}

History

• Status: repealed
• Authority G.S. 150A-25(a); 150A-27; 150A-33(5); 150A-43
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0502 Simplification of Issues {#sec-01-ncac-01b-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0502}

History

• Status: repealed
• Authority G.S. 150A-25(a); 150A-27; 150A-33(5); 150A-43
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0503 Subpoenas {#sec-01-ncac-01b-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0503}

History

• Status: repealed
• Authority G.S. 150A-25(a); 150A-27; 150A-33(5); 150A-43
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0504 Final Decisions in Administrative Hearings {#sec-01-ncac-01b-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0504}

History

• Status: repealed
• Authority G.S. 150A-25(a); 150A-27; 150A-33(5); 150A-43
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 01B .0505 Filing Written Comments on Proposed Rules {#sec-01-ncac-01b-.0505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0505}

(a) Any persons may file a written submission containing data, comments, or arguments for or against a rule, after publication of a rulemaking notice by the Departments. Written comments must be received by the Secretary not later than 60 days after the notice is issued, unless a different period has been prescribed in the notice or granted upon request. The written comments should be sent to the Secretary, Department of Administration, 116 West Jones Street, Raleigh, North Carolina 27611.

(b) The envelope containing the written submission should bear the notation WRITTEN COMMENT RE: and clearly state the rule(s) or proposed rule(s) commented upon. Upon receipt of written comments, acknowledgement will be made with an assurance that the comments therein will be considered fully by the Secretary of the Department of Administration or the Secretary's designee.

History

• Authority G.S. 150B-19.1; 150B-21.1; 150B-21.2; 150B-21.3(b2)
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0506 Statement of Reasons for Decision {#sec-01-ncac-01b-.0506 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0506}

(a) Any interested person desiring a concise statement of the principal reasons for and against the adoption of a rule by the Secretary of Administration and the factors that led to overruling the considerations urged against its adoption may submit a request to the Secretary of Administration, 116 West Jones Street, Raleigh, North Carolina 27611.

(b) For purposes of Subsection (a) this Rule, an "interested person" shall be any person whose rights, duties or privileges might be affected by the adoption of the rule in question or any group or organization of persons whose rights, duties or privileges might be affected by the rule.

(c) The request must be made in writing and submitted prior to adoption of the rule or within 30 days thereafter. The envelope containing the request should clearly bear the notation REQUEST FOR STATEMENT OF REASONING RE: and clearly state the rule or rules in question.

History

• Authority G.S. 150B-20
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0507 Record of Proceedings {#sec-01-ncac-01b-.0507 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0507}

History

• Status: expired
• Authority G.S. 150B-12; 150B-13
• Eff. July 1, 1987
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 01B .0508 Temporary Rules {#sec-01-ncac-01b-.0508 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0508}

History

• Status: expired
• Authority G.S. 150B-12; 150B-13
• Eff. July 1, 1987
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 01B .0601 Subjects of Declaratory Rulings {#sec-01-ncac-01b-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0601}

(a) Any person substantially affected by a statute or rule administered by the Department of Administration may request a declaratory ruling as to the validity of an agency rule or as to either the manner in which a statute or rule applies to a given factual situation.

(b) A declaratory ruling issued by the agency:

(1) is binding upon the agency and upon the person requesting it;

(2) may be reviewed by the courts in the same manner as the final agency action in a contested case; and

(3) may be altered by a subsequent declaratory ruling of the agency, but may not be altered retroactively.

History

• Authority G.S. 150B-4
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0602 Submission of Request for Declaratory Ruling {#sec-01-ncac-01b-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0602}

All requests for declaratory rulings shall be written and mailed to the Secretary of Administration, 116 West Jones Street, Raleigh, North Carolina 27611. The container of the request should bear the notation: REQUEST FOR DECLARATORY RULING. The request must include the following information:

(1) name and address of petitioner,

(2) statute or rule to which petition relates,

(3) concise statement of the manner in which petitioner is aggrieved by the rule or statute or its potential application to him,

(4) a statement whether an oral hearing is desired and, if so, the reason therefor.

History

• Authority G.S. 150B-4
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0603 Disposition of Requests {#sec-01-ncac-01b-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0603}

(a) When the Secretary of Administration or the Secretary's designee deems it appropriate to issue a declaratory ruling, the Secretary shall issue such declaratory ruling within 60 days of the receipt of the REQUEST FOR DECLARATORY RULING.

(b) A declaratory ruling proceeding may consist of written submissions, an oral hearing or other procedure as may be appropriate in the circumstances of the particular request.

(c) The Secretary shall proceed to issue a declaratory ruling where the person requesting the ruling shows that, with regard to the following facts presented:

(1) the rule in question is unclear on its face;

(2) circumstances are so changed since the adoption of the rule that a declaratory ruling is warranted;

(3) the factors specified in the request were not given appropriate consideration by the agency at the time the rule was adopted;

(4) the statute administered by the agency is unclear in its application to the requesting person's facts, or

(5) a fair question exists regarding the validity of the agency's rule due to:

(A) an absence of statutory authority for the agency's adoption of the rule;

(B) irregularities in the agency's rule-making proceedings; or

(C) improper filing or distribution of the rule after the agency's adoption thereof.

(d) Whenever the Secretary of Administration believes "for good cause" that the issuance of a declaratory ruling is undesirable, the Secretary may refuse to issue such ruling. The Secretary shall notify in writing, the person requesting the ruling, stating the reasons for the denial of the request.

(e) For purposes of Subpart (d) of this Rule, the Secretary of Administration will ordinarily refuse to issue a declaratory ruling:

(1) where there has been a similar controlling factual determination in a contested case;

(2) the rule-making record shows that the factual issues raised by the request were specifically considered prior to adoption of the rule; or

(3) where the subject matter of the request is involved in pending litigation in any state or federal court in North Carolina.

(f) If the agency finds evidence that the factors listed in Subparagraphs (c)(1), (2), or (3) of this Rule exist beyond the specific facts presented in a particular petition for a declaratory ruling, the agency shall consider rule-making proceedings on the rule.

History

• Authority G.S. 150B-4
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0604 Record of Decision {#sec-01-ncac-01b-.0604 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0604}

A record of all declaratory rulemaking proceedings will be maintained in the office of the Secretary for as long as the ruling is in effect. This record will contain: the petition, the notice, all written submissions filed in the request, whether filed by the petitioner or any other person, and a record or summary of oral presentations, if any. Records of rulemaking proceedings will be available for public inspection during the regular office hours of the Department of Administration.

History

• Authority G.S. 150B-4
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0605 Definition {#sec-01-ncac-01b-.0605 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0605}

For purposes of Rule .0604 of this Subchapter, a declaratory ruling shall be deemed to be "in effect": until the statute or rule interpreted by the declaratory ruling is amended, altered or repealed; until the Secretary of the Department of Administration changes the declaratory ruling prospectively for good reasons; or until any court sets aside the ruling in litigation between the Department of Administration and the party requesting the rule; or until any court of the Appellate Division of the General Court of Justice shall construe the statute or rule which is the subject of the declaratory ruling in a manner plainly irreconcilable with the declaratory ruling.

History

• Authority G.S. 150B-4
• Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01B .0701 Hearing Procedures {#sec-01-ncac-01b-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0701}

History

• Status: expired
• Authority G.S. 150B-14(c)
• Eff. July 1, 1987
• Amended Eff. August 1, 1988
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 01B .0702 Administrative Law Judge: Recommended Decision {#sec-01-ncac-01b-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01B .0702}

History

• Status: expired
• Authority G.S. 150B-34; 150B-36
• Eff. November 1, 1988
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

Subchapter C

01 NCAC 01C .0101 Definitions {#sec-01-ncac-01c-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01C .0101}

As used in this Subchapter, public buildings and grounds means all buildings and grounds owned or maintained by the state in the City of Raleigh but does not mean any building or grounds which a state agency other than the General Services Division of the Department of Administration is required by law to care for and maintain.

History

• Authority G.S. 143-336; 143-345.1; 143-345.2; Council of State, July 26, 1966
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01C .0102 Written Request {#sec-01-ncac-01c-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01C .0102}

Any individual, organization, corporation, association, society, fraternity, club, order or group of whatever kind or nature desiring the use of any public building or grounds as the location for a rally, demonstration, march, public speech, public meeting or other similar activity shall make written request to the Secretary of the Department of Administration not less than three days prior to the date of the intended use.

History

• Authority G.S. 143-336; 143-345.1; 143-345.2; Council of State, July 26, 1966
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01C .0103 Content of Request {#sec-01-ncac-01c-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01C .0103}

The written request shall state the name of the individual, organization, corporation, association, society, fraternity, club, order or group of whatever kind or nature seeking permission to use the said public building(s) and/or grounds and shall list the name and address of its president, vice president(s), secretary and treasurer or its principal chief executive officer or officers, its directors, if any, and such other pertinent information as may be required by the Secretary of the Department of Administration sufficient to clearly identify the organization submitting the request and the individuals principally engaged in the conduct of its affairs.

History

• Authority G.S. 143-336; 143-345.1; 143-345.2; Council of State, July 26, 1966
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01C .0104 Identification of Use {#sec-01-ncac-01c-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01C .0104}

The written request shall clearly identify the use to which the public building(s) or grounds shall be put and shall clearly state the day and hour for which the use is requested.

History

• Authority G.S. 143-336; 143-345.1; 143-345.2; Council of State, July 26, 1966
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01C .0105 Time of Use {#sec-01-ncac-01c-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01C .0105}

The request shall clearly state the period of time for which the use is requested, the names and number of persons expected to participate actively in the event and the number of persons expected to be in attendance.

History

• Authority G.S. 143-336; 143-345.1; 143-345.2; Council of State, July 26, 1966
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 01C .0106 Approval by Secretary {#sec-01-ncac-01c-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 01C .0106}

In the event that the Secretary of the Department of Administration shall conclude that the requested use of the public building or grounds shall not hinder or impede any regularly established use of the buildings and grounds and shall not adversely affect or threaten their care, protection or maintenance or create a nuisance by such use, he shall grant permission to use the building or grounds specified in the request submitted in accordance with these Rules and Regulations. If the Secretary shall determine otherwise, he shall deny the request.

History

• Authority G.S. 143-336; 143-345.1; 143-345.2; Council of State, July 26, 1966
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

Chapter 03 General Services

Subchapter A

01 NCAC 03A .0101 Organization {#sec-01-ncac-03a-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 03A .0101}

History

• Status: expired
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 03A .0102 Responsibilities {#sec-01-ncac-03a-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 03A .0102}

History

• Status: expired
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 03A .0103 Definitions {#sec-01-ncac-03a-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 03A .0103}

History

• Status: expired
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

Subchapter B

01 NCAC 03B .0101 Organization {#sec-01-ncac-03b-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 03B .0101}

History

• Status: expired
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 03B .0102 Responsibilities {#sec-01-ncac-03b-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 03B .0102}

History

• Status: expired
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

Chapter 04 Auxiliary Services

Subchapter A

01 NCAC 04A .0101 State Employee {#sec-01-ncac-04a-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0101}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0102 Elected Officials {#sec-01-ncac-04a-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0102}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0103 Assignee {#sec-01-ncac-04a-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0103}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0104 Owner of Car {#sec-01-ncac-04a-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0104}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0105 Department Parking Coordinator {#sec-01-ncac-04a-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0105}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0106 State Parking Coordinator {#sec-01-ncac-04a-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0106}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0107 Service Vehicle {#sec-01-ncac-04a-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0107}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0201 Impoundment and Removal {#sec-01-ncac-04a-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0201}

(a) Any vehicle parked in violation of G.S. 143-340 or these rules shall be subject to impoundment and removal to a place of storage operated by a privately-owned garage or towing service, at the expense of the owner, pursuant to G.S. 143-340.

(b) If a call is made for towing services and the owner or operator of the vehicle to be towed returns to the unattended vehicle before the arrival of the towing vehicle, the vehicle shall not be released unless a service charge for answering such a call, if required by the towing service, is paid to the towing service by the owner or operator.

History

• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Readopted Eff. September 1, 2017.

01 NCAC 04A .0202 State Laws and City Traffic Ordinances {#sec-01-ncac-04a-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0202}

All state traffic laws and traffic ordinances of the City of Raleigh apply to the operation of a motor vehicle in state government parking lots.

History

• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 04A .0301 Parking Coordinator {#sec-01-ncac-04a-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0301}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0302 Elected Officials {#sec-01-ncac-04a-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0302}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0303 Department Heads {#sec-01-ncac-04a-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0303}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0304 Departments {#sec-01-ncac-04a-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0304}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0305 State Parking Coordinator {#sec-01-ncac-04a-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0305}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0306 Department Parking Coordinator {#sec-01-ncac-04a-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0306}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0307 Allocation Review {#sec-01-ncac-04a-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0307}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0401 Exchange of Spaces {#sec-01-ncac-04a-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0401}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0402 Subletting Prohibited {#sec-01-ncac-04a-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0402}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0501 Elected Officials {#sec-01-ncac-04a-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0501}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0502 State Employees {#sec-01-ncac-04a-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0502}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04A .0601 Reporting of Violations {#sec-01-ncac-04a-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0601}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. December 1, 1987.

01 NCAC 04A .0602 Enforcement of Rules {#sec-01-ncac-04a-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0602}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. December 1, 1987.

01 NCAC 04A .0603 Visitor Parking {#sec-01-ncac-04a-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0603}

History

• Status: repealed
• Authority G.S. 143-340(18),(19)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. December 1, 1987.

01 NCAC 04A .0701 State Parking Coordinator {#sec-01-ncac-04a-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0701}

The State Parking Coordinator is the person in state government who is responsible for supervising the daily operations of the state-owned visitor parking lots.

History

• Authority G.S. 143-340(18),(19)
• Eff. January 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 04A .0702 Service Personnel {#sec-01-ncac-04a-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0702}

Service personnel means any person who is an employee of the State of North Carolina and whose duties include repair, maintenance or installation of equipment necessary for the continued operation of state buildings or offices or any person who has a contractual arrangement with the state for the same. Such person may remain on the premise only until such time as the requested services are completed.

History

• Authority G.S. 143-340(18),(19)
• Eff. January 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 04A .0703 Honorees and Appointees {#sec-01-ncac-04a-.0703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0703}

A honoree or appointee is any person who is to be specially recognized by the Governor of North Carolina with a mark, token, plaque or gesture of respect or distinction and requests the use of the state-owned parking lot immediately before, during and after the ceremony at which he or she is to be distinguished.

History

• Authority G.S. 143-340(18),(19)
• Eff. January 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 04A .0704 Volunteers {#sec-01-ncac-04a-.0704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0704}

A volunteer is an individual(s) who performs services for the State of North Carolina without remuneration and of his or her free will.

History

• Authority G.S. 143-340(18),(19)
• Eff. January 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 04A .0801 Location and Hours of Operation {#sec-01-ncac-04a-.0801 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0801}

History

• Status: expired
• Authority G.S. 143-340(18),(19)
• Eff. January 1, 1988
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 04A .0802 Reasonable Fee Charge {#sec-01-ncac-04a-.0802 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0802}

(a) Visitors seeking entrance to the Visitor Parking locations will be charged a reasonable fee.

(b) Persons determined by the State Parking Coordinator to be performing a benefit or service to the State of North Carolina are exempt from payment of an entrance fee. Persons include but are not limited to volunteers with current identification cards, docents, pages, service personnel, appointees and honorees of the Governor.

History

• Authority G.S. 143-340(18),(19); 1975 N.C. Session Laws 858
• 1983 N.C. Session Laws 168
• Eff. January 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 04A .0803 Reservation of Parking Spaces by the Public {#sec-01-ncac-04a-.0803 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0803}

History

• Status: expired
• Authority G.S. 143-340(18),(19)
• Eff. January 1, 1988
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 04A .0804 Official Parking Spaces {#sec-01-ncac-04a-.0804 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0804}

A specific number of parking spaces located in Visitor Parking are reserved for official use only. The Governor of the State of North Carolina or the Governor's designee has discretion in prescribing proper procedure for use of the reserved spaces by approved individuals.

History

• Authority G.S. 143-340(18),(19)
• Eff. January 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 04A .0805 Information Verification {#sec-01-ncac-04a-.0805 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0805}

History

• Status: expired
• Authority G.S. 143-340(18),(19)
• Eff. January 1, 1988
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 04A .0806 Unauthorized Vehicles {#sec-01-ncac-04a-.0806 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0806}

Buses will be refused entrance to the facilities.

History

• Authority G.S. 143-340(18),(19)
• Eff. January 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 04A .0901 Enforcement of Rules {#sec-01-ncac-04a-.0901 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04A .0901}

(a) The State Parking Coordinator shall notify the state government security of parking violations occurring in Visitor Parking locations.

(b) Enforcement of these rules shall be the responsibility of state government security.

History

• Authority G.S. 143-340(18),(19)
• Eff. January 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

Subchapter B

01 NCAC 04B .0101 Organization and Purpose {#sec-01-ncac-04b-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04B .0101}

History

• Status: repealed
• Authority G.S. 143-341(8)h
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04B .0102 Location and Operating Procedures {#sec-01-ncac-04b-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04B .0102}

History

• Status: repealed
• Authority G.S. 143-341(8)h
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04B .0103 Financing of Courier Program {#sec-01-ncac-04b-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04B .0103}

History

• Status: repealed
• Authority G.S. 143-341(8)h
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04B .0104 Cost to Field Agencies {#sec-01-ncac-04b-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04B .0104}

History

• Status: repealed
• Authority G.S. 143-341(8)h
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Subchapter C

01 NCAC 04C .0101 Organization {#sec-01-ncac-04c-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0101}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0102 Purpose {#sec-01-ncac-04c-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0102}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0103 Rates {#sec-01-ncac-04c-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0103}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0201 Location of Facilities {#sec-01-ncac-04c-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0201}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0202 Dispatching {#sec-01-ncac-04c-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0202}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0203 Hours of Operation {#sec-01-ncac-04c-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0203}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0204 Service {#sec-01-ncac-04c-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0204}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0205 Central Motor Pool Rates {#sec-01-ncac-04c-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0205}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0206 Credit Cards {#sec-01-ncac-04c-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0206}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0207 Service for Non-Motor Pool Vehicles {#sec-01-ncac-04c-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0207}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0208 Billing {#sec-01-ncac-04c-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0208}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0301 General {#sec-01-ncac-04c-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0301}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0302 Annex {#sec-01-ncac-04c-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0302}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0303 Appearance {#sec-01-ncac-04c-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0303}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0304 Routine Maintenance {#sec-01-ncac-04c-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0304}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0305 Major Repairs {#sec-01-ncac-04c-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0305}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0306 Repair at Department of Transportation Facilities {#sec-01-ncac-04c-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0306}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0307 Towing {#sec-01-ncac-04c-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0307}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0308 Towing Charges {#sec-01-ncac-04c-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0308}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0309 Safety Inspection {#sec-01-ncac-04c-.0309 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0309}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0310 Accidents {#sec-01-ncac-04c-.0310 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0310}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0311 Liability Insurance {#sec-01-ncac-04c-.0311 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0311}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0312 Alterations of Motor Pool Vehicles by Agencies or Drivers {#sec-01-ncac-04c-.0312 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0312}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0313 Billing of Purchases by Other Agencies {#sec-01-ncac-04c-.0313 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0313}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0401 Types of Vehicle Assignment {#sec-01-ncac-04c-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0401}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0402 Requests for Assignment of Vehicles {#sec-01-ncac-04c-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0402}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0403 Appeal Procedure {#sec-01-ncac-04c-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0403}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0404 Removal of Vehicles from Agencies {#sec-01-ncac-04c-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0404}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0405 Removal Procedure {#sec-01-ncac-04c-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0405}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0406 Weekend Assignments {#sec-01-ncac-04c-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0406}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0407 Return of Assigned Vehicles {#sec-01-ncac-04c-.0407 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0407}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0501 Official Use Only {#sec-01-ncac-04c-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0501}

History

• Status: repealed
• Authority G.S. 14-250; 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0502 Parking and Storing of Vehicles {#sec-01-ncac-04c-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0502}

History

• Status: repealed
• Authority G.S. 14-250; 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0503 Motor Vehicle Laws and Ordinances {#sec-01-ncac-04c-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0503}

History

• Status: repealed
• Authority G.S. 14-250; 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0504 Hitchhikers {#sec-01-ncac-04c-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0504}

History

• Status: repealed
• Authority G.S. 14-250; 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0505 Relatives {#sec-01-ncac-04c-.0505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0505}

History

• Status: repealed
• Authority G.S. 14-250; 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0506 Non-State Employees {#sec-01-ncac-04c-.0506 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0506}

History

• Status: repealed
• Authority G.S. 14-250; 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0507 Use of State Cars for Private Purposes {#sec-01-ncac-04c-.0507 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0507}

History

• Status: repealed
• Authority G.S. 14-250; 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0508 Travel Logs {#sec-01-ncac-04c-.0508 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0508}

History

• Status: repealed
• Authority G.S. 14-250; 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0509 Monthly Auditing of Travel Logs {#sec-01-ncac-04c-.0509 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0509}

History

• Status: repealed
• Authority G.S. 14-250; 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0510 Out-of-State Travel {#sec-01-ncac-04c-.0510 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0510}

History

• Status: repealed
• Authority G.S. 14-250; 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0511 License Tags {#sec-01-ncac-04c-.0511 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0511}

History

• Status: repealed
• Authority G.S. 14-250; 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0512 Replacement of Vehicles {#sec-01-ncac-04c-.0512 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0512}

History

• Status: expired
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 04C .0513 Sale of Vehicles {#sec-01-ncac-04c-.0513 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0513}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0601 State Policy on Use of Private Cars {#sec-01-ncac-04c-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0601}

History

• Status: repealed
• Authority G.S. 138-6; 143-341(8)i.7.
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0602 Reimbursement at Statutory Rate {#sec-01-ncac-04c-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0602}

History

• Status: repealed
• Authority G.S. 138-6; 143-341(8)i.7.
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0603 Procedures for Reimbursement {#sec-01-ncac-04c-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0603}

History

• Status: repealed
• Authority G.S. 138-6; 143-341(8)i.7.
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0604 Use of Private Vehicles for Convenience of the Employee {#sec-01-ncac-04c-.0604 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0604}

History

• Status: repealed
• Authority G.S. 138-6; 143-341(8)i.7.
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0701 Accident Report Form {#sec-01-ncac-04c-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0701}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0702 G.s. Form 2 {#sec-01-ncac-04c-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0702}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0703 G.s. Form 8 {#sec-01-ncac-04c-.0703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0703}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0704 G.s. Form 12 {#sec-01-ncac-04c-.0704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0704}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0705 G.s. Form 13 {#sec-01-ncac-04c-.0705 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0705}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0801 Use of Nonpassenger Vehicles {#sec-01-ncac-04c-.0801 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0801}

History

• Status: repealed
• Authority G.S. 143-341(8)i.7.
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0802 Transportation to and from Motor Pool {#sec-01-ncac-04c-.0802 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0802}

History

• Status: repealed
• Authority G.S. 143-341(8)i.7.
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0803 Rule Making {#sec-01-ncac-04c-.0803 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0803}

History

• Status: repealed
• Authority G.S. 143-341(8)i.7.
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0804 Contested Case Hearings {#sec-01-ncac-04c-.0804 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0804}

History

• Status: repealed
• Authority G.S. 143-341(8)i.7.
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0805 Declaratory Rulings {#sec-01-ncac-04c-.0805 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0805}

History

• Status: repealed
• Authority G.S. 143-341(8)i.7.
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04C .0806 Violation a Misdemeanor {#sec-01-ncac-04c-.0806 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04C .0806}

History

• Status: repealed
• Authority G.S. 143-341(8)i.7.
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Subchapter D

01 NCAC 04D .0101 Description {#sec-01-ncac-04d-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0101}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0102 Location {#sec-01-ncac-04d-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0102}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0201 Manager: General {#sec-01-ncac-04d-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0201}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0202 Manager: Liaison with the Division of Purchase & Contract {#sec-01-ncac-04d-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0202}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0203 General Operation Information {#sec-01-ncac-04d-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0203}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0301 Satellite Centers {#sec-01-ncac-04d-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0301}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0302 The Central Government Printing Office {#sec-01-ncac-04d-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0302}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0303 Technical Assistance {#sec-01-ncac-04d-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0303}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0304 Printing and Duplicating Services {#sec-01-ncac-04d-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0304}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0305 Printing Office Handbook {#sec-01-ncac-04d-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0305}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0401 Procedures for Requesting Printing Service {#sec-01-ncac-04d-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0401}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-168; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0402 Preparing Gs-28 Form (request for Printing) {#sec-01-ncac-04d-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0402}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-168; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0403 Proofreading {#sec-01-ncac-04d-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0403}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-168; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0404 Requests for Technical Assistance and Cost Estimates {#sec-01-ncac-04d-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0404}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-168; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0405 Procedures for Requesting Changes in Specifications {#sec-01-ncac-04d-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0405}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-168; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0406 Preparation of Camera-Ready Copy (mechanicals) {#sec-01-ncac-04d-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0406}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-168; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0407 Security of Classified Materials {#sec-01-ncac-04d-.0407 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0407}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-168; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0408 Billing Procedure {#sec-01-ncac-04d-.0408 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0408}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-168; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0409 Delivery of a Completed Job {#sec-01-ncac-04d-.0409 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0409}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-168; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0410 Periodic Meetings with Printing Coordinators {#sec-01-ncac-04d-.0410 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0410}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-168; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0411 Price Increases {#sec-01-ncac-04d-.0411 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0411}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-168; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0501 Policy {#sec-01-ncac-04d-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0501}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0502 Procedure {#sec-01-ncac-04d-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0502}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04D .0503 Resolution {#sec-01-ncac-04d-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04D .0503}

History

• Status: repealed
• Authority G.S. 143-49(5); 143-50; 143-340
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Subchapter E

01 NCAC 04E .0101 Installation {#sec-01-ncac-04e-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0101}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0102 Equipment {#sec-01-ncac-04e-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0102}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0103 Private Lines {#sec-01-ncac-04e-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0103}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0104 Incoming Lines {#sec-01-ncac-04e-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0104}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0105 Personnel Listings {#sec-01-ncac-04e-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0105}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0106 Additional Telephone Service {#sec-01-ncac-04e-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0106}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0107 Increased Service {#sec-01-ncac-04e-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0107}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0108 Requests {#sec-01-ncac-04e-.0108 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0108}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0109 Charges for Service {#sec-01-ncac-04e-.0109 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0109}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0201 State Telephone Network (stn) {#sec-01-ncac-04e-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0201}

History

• Status: repealed
• Authority G.S. 143-341(8)(j),(k)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0202 Utilization {#sec-01-ncac-04e-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0202}

History

• Status: repealed
• Authority G.S. 143-341(8)(j),(k)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0203 Charges {#sec-01-ncac-04e-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0203}

History

• Status: repealed
• Authority G.S. 143-341(8)(j),(k)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0204 Eligibility {#sec-01-ncac-04e-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0204}

History

• Status: repealed
• Authority G.S. 143-341(8)(j),(k)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0205 Types of Service {#sec-01-ncac-04e-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0205}

History

• Status: repealed
• Authority G.S. 143-341(8)(j),(k)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0206 Telpak System {#sec-01-ncac-04e-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0206}

History

• Status: repealed
• Authority G.S. 143-341(8)(j),(k)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

01 NCAC 04E .0207 Procedures for Making a Long Distance Call {#sec-01-ncac-04e-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04E .0207}

History

• Status: repealed
• Authority G.S. 143-341(8)(j),(k)
• Eff. February 27, 1979
• Repealed Eff. December 1, 1983.

Subchapter F

01 NCAC 04F .0101 Purpose {#sec-01-ncac-04f-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0101}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0102 Operation {#sec-01-ncac-04f-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0102}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0103 Definitions {#sec-01-ncac-04f-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0103}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0104 Schedule {#sec-01-ncac-04f-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0104}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0105 Policy {#sec-01-ncac-04f-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0105}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0106 Vans {#sec-01-ncac-04f-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0106}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0201 Types {#sec-01-ncac-04f-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0201}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0202 Distribution of Boxes {#sec-01-ncac-04f-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0202}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0203 Authority to Locate Drop Points {#sec-01-ncac-04f-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0203}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0301 Addresses {#sec-01-ncac-04f-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0301}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0302 Delivery Times {#sec-01-ncac-04f-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0302}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0401 Cost Allocation {#sec-01-ncac-04f-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0401}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0402 Metered Users {#sec-01-ncac-04f-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0402}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0403 Normal Users {#sec-01-ncac-04f-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0403}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0404 Cost {#sec-01-ncac-04f-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0404}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0501 Drop Points {#sec-01-ncac-04f-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0501}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0502 Locks {#sec-01-ncac-04f-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0502}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 04F .0503 Keys {#sec-01-ncac-04f-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04F .0503}

History

• Status: repealed
• Authority G.S. 143-341(8)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Subchapter H

01 NCAC 04H .0101 Organization {#sec-01-ncac-04h-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04H .0101}

History

• Status: repealed
• Authority G.S. 143-340(21),(22); 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01.03C Eff. November 25, 1986
• Repealed Eff. July 1, 1987.

01 NCAC 04H .0102 Location {#sec-01-ncac-04h-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04H .0102}

History

• Status: repealed
• Authority G.S. 143-340(21),(22); 143-341(8)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01.03C Eff. November 25, 1986
• Repealed Eff. July 1, 1987.

01 NCAC 04H .0103 Responsibilities and Scope {#sec-01-ncac-04h-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04H .0103}

History

• Authority G.S. 143-340(21),(22)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01.03C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Rule .0103 recodified to 14B NCAC 13 .0101, Rule .0104 recodified to 14B NCAC .0102 Eff. June 1, 2013 pursuant to S.L. 2009-451 and S.L. 2011-145.

01 NCAC 04H .0104 Authority {#sec-01-ncac-04h-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04H .0104}

History

• Authority G.S. 143-340(21),(22)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01.03C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Rule .0103 recodified to 14B NCAC 13 .0101, Rule .0104 recodified to 14B NCAC .0102 Eff. June 1, 2013 pursuant to S.L. 2009-451 and S.L. 2011-145.

01 NCAC 04H .0201 Arrests {#sec-01-ncac-04h-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04H .0201}

History

• Authority G.S. 143-340(21),(22)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01.03C Eff. November 25, 1986
• Recodified to 14B NCAC 13 .0201 Eff. June 1, 2013 pursuant to S.L. 2009-451 and S.L. 2011-145.

01 NCAC 04H .0202 Crime Prevention Program {#sec-01-ncac-04h-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04H .0202}

History

• Status: repealed
• Authority G.S. 143-340(21),(22); 12 NCAC 4
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01.03C Eff. November 25, 1986
• Repealed Eff. July 1, 1987.

01 NCAC 04H .0203 Security Surveys {#sec-01-ncac-04h-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04H .0203}

History

• Status: repealed
• Authority G.S. 143-340(21),(22); 12 NCAC 4
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01.03C Eff. November 25, 1986
• Repealed Eff. July 1, 1987.

01 NCAC 04H .0204 Liaison {#sec-01-ncac-04h-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04H .0204}

History

• Status: repealed
• Authority G.S. 143-340(21),(22); 12 NCAC 4
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01.03C Eff. November 25, 1986
• Repealed Eff. July 1, 1987.

01 NCAC 04H .0205 Police Information Network (pin) {#sec-01-ncac-04h-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04H .0205}

History

• Status: repealed
• Authority G.S. 143-340(21),(22); 12 NCAC 4
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01.03C Eff. November 25, 1986
• Repealed Eff. July 1, 1987.

01 NCAC 04H .0206 Traffic Accidents {#sec-01-ncac-04h-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04H .0206}

History

• Authority G.S. 143-340(21),(22)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01.03C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Rule .0206 recodified to 14B NCAC 13 .0202 and Rule .0207 recodified to 14B NCAC 13 .0203 Eff. June 1, 2013 pursuant to S.L. 2009-451 and S.L. 2011-145.

01 NCAC 04H .0207 State Parking Lots {#sec-01-ncac-04h-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04H .0207}

History

• Authority G.S. 143-340(21),(22)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01.03C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Rule .0206 recodified to 14B NCAC 13 .0202 and Rule .0207 recodified to 14B NCAC 13 .0203 Eff. June 1, 2013 pursuant to S.L. 2009-451 and S.L. 2011-145.

01 NCAC 04H .0208 Property Guards {#sec-01-ncac-04h-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 04H .0208}

History

• Status: repealed
• Authority G.S. 143-341(8)c
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01.03C Eff. November 25, 1986
• Repealed Eff. July 1, 1987.

Chapter 05 Purchase and Contract

Subchapter A

01 NCAC 05A .0101 Responsibility {#sec-01-ncac-05a-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05A .0101}

The Department of Administration is responsible for administering the State's program for the acquisition, management, and disposal of personal property, as well as the acquisition of services for its agencies. The Secretary of the Department of Administration (Secretary) is authorized and responsible for adopting and carrying out the rules promulgated herein. The administration of this program is delegated to the State Purchasing Officer (SPO) who reports to the Secretary.

History

• Authority G.S. 143-49; 143-341
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996; July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05A .0102 Scope {#sec-01-ncac-05a-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05A .0102}

The program administered by the Division of Purchase and Contract shall be based on sound competitive purchasing procedures, sound management of personal property, and the economical disposal of State property; and shall include the following where public funds are involved:

(1) acquisition of equipment, materials, and supplies, for all agencies;

(2) acquisition of all printing, rentals, leases and services for all agencies, except for community colleges and local school administrative units;

(3) making purchasing services available to non-state agencies identified in G.S. 143-49 and 143-49.1;

(4) establishment and enforcement of purchase specifications;

(5) inspection and testing of products;

(6) review of agency purchasing and warehousing practices to ensure compliance with operating rules and procedures established by the SPO.

History

• Authority G.S. 143-49; 143-49.1; 143-53; 143-56; 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996; July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05A .0103 Organization {#sec-01-ncac-05a-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05A .0103}

History

• Status: repealed
• Authority G.S. 143B-9; 143B-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 05A .0104 Location {#sec-01-ncac-05a-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05A .0104}

The principal offices of the Division of Purchase and Contract are located in the Administration Building, 116 West Jones Street, Raleigh, N.C. 27603-8002.

History

• Authority G.S. 143B-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05A .0105 Rule-Making Authority {#sec-01-ncac-05a-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05A .0105}

History

• Status: repealed
• Authority G.S. 143-53; 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 05A .0106 Standardization Committee {#sec-01-ncac-05a-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05A .0106}

History

• Status: repealed
• Authority G.S. 143-53; 143B-397; 143B-398
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05A .0107 Inspection of Standards {#sec-01-ncac-05a-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05A .0107}

History

• Status: repealed
• Authority G.S. 143-53; 143B-397; 143B-398
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05A .0108 Forms: Procedures: Terms and Conditions {#sec-01-ncac-05a-.0108 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05A .0108}

The Division of Purchase and Contract establishes procedures for acquiring commodities, printing and services and prescribes forms, consistent language, terms and conditions and advertisement requirements, applicable to all agencies for such action. The procedures, forms, consistent language, terms and conditions and advertisement requirements shall be established taking into consideration market conditions and trends, legal requirements, and factors determined to be in the State's best interest. These shall be furnished to all agencies.

History

• Authority G.S. 143-51; 143-53; 143-55; 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; May 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05A .0109 Board of Award {#sec-01-ncac-05a-.0109 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05A .0109}

History

• Status: repealed
• Authority G.S. 143-53; 150B-2; 150B-22; 150B-23
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; May 1, 1988; July 1, 1987
• Repealed Eff. February 1, 1996.

01 NCAC 05A .0110 Administrative Procedures {#sec-01-ncac-05a-.0110 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05A .0110}

History

• Status: repealed
• Authority G.S. 143-53; 150B-2; 150B-22; 150B-23
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; May 1, 1988; July 1, 1987
• Repealed Eff. February 1, 1996.

01 NCAC 05A .0111 Inflation Policy {#sec-01-ncac-05a-.0111 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05A .0111}

History

• Status: repealed
• Authority G.S. 143-48; 143-49; 143-53
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05A .0112 Definitions {#sec-01-ncac-05a-.0112 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05A .0112}

For the purpose of this Chapter:

(1) "Agency" or "Agencies" means all departments, institutions, boards, commissions, universities, community colleges, or other units of the State subject to G.S. 143, Article 3, unless specifically exempted by statute.

(2) "Best and Final Offer" ("BAFO") is a document that memorializes the details of Negotiations between the State and a Vendor and mutually modifies the Vendor's Offer.

(3) "Best Value Procurement" shall have the same meaning as in G.S. 143-135.9.

(4) "Bid Value Benchmark" or "General Delegation" means the maximum authorized expenditure set pursuant to G.S. 116-31.10, G.S. 115D-58.14, or G.S. 143-52(a) and 143-53.1 for which an Agency may contract to purchase Goods or Services without obtaining prior approval for the purchase from the Division.

(5) "Clarification" means communications between the State and a Vendor that occur after receipt of a Vendor's Offer made for the purpose of eliminating irregularities, informalities, or apparent clerical mistakes in an Offer. A Clarification may also be used in order for the State to interpret an Offer or Offers or to facilitate the State's evaluation of all Offers. A Clarification shall not be used to cure material deficiencies in an Offer, alter the scope of an Offer, or to negotiate.

(6) "Consultant Services" means contracted work or tasks performed by a Vendor or independent contractor possessing specialized knowledge, experience, expertise, and professional qualifications to investigate a Purchasing Agency's defined problems or projects and to provide counsel, review, analysis, or advice in formulating or implementing improvements in programs or Services. This includes improvements related to the organization, planning, directing, control, evaluation, and operation of a program, Agency or department.

(7) "Competition" in purchasing exists when the available market for the Goods or Services to be acquired consists of more than one Responsible Vendor that is qualified and willing to submit an Offer.

(8) "Contract" means any type of agreement entered into by Agencies, regardless of what it may be titled or called, setting out the obligations of the parties concerning a Procurement of Goods or Services.

(9) "Contract Term" means the time period in which a Contract is active and in effect.

(10) "Deficiency" means either a failure to meet a stated Requirement or a combination of weaknesses in an Offer that increases the risk that a Vendor will be unable to meet its contractual obligations.

(11) "Division" means the Division of Purchase and Contract.

(12) "Electronic" means electrical, digital, magnetic, optical, electromagnetic, or any other similar technology.

(13) "Electronic Bid System" means the Division's Electronic system used variously to advertise Solicitations, notify Vendors, conduct Reverse Auctions, and post Contract awards.

(14) "Emergency Situations" means unforeseen circumstances as stated in G.S. 143-57, that endanger lives, property, or the continuation of a vital program such as those essential for health or safety, as determined by the Purchasing Agency Director, and that can be rectified only by immediate purchases or rental of Goods or Services.

(15) "Extension" means an additional Contract Term not provided for in the Contract that is mutually agreed to by the State and all Vendor parties in a Contract amendment.

(16) "Goods" means any tangible property, including all equipment, materials, supplies, and commodities. Where the printing is not the predominant aspect of a service contract, acquisition of printing shall be considered the purchase of Goods under these Rules.

(17) "Goods Contract" means any agreement involving the Procurement of Goods from a Vendor, but that may also have ancillary Services aspects.

(18) "Initial Contract Term" means the initial period for performance under a Contract after which the Contract will either terminate or be extended pursuant to a Renewal or Extension.

(19) "Negotiation" means oral or written communications in a waived or open competitive Procurement between the State and Vendor undertaken with the intent of allowing a Vendor to revise its Offer. Revisions may apply to price, schedule, technical requirements, or other terms of the proposed Contract. Negotiations are specific to each Offer and shall be conducted to maximize the State's ability to obtain best value based on the evaluation factors set forth in the Solicitation. Negotiations shall be memorialized in any resulting Contract.

(20) "Offer" means a bid, proposal, BAFO, or other proposition submitted in response to any Solicitation, Negotiation, or other approved acquisition process, as well as responses to solution-based Solicitations and government-Vendor partnerships.

(21) "Personal Services Contract" has the same definition as in G.S. 143-48.6(b). A Personal Services Contract is a type of Service Contract.

(22) "Pressing Need" means a need arising from unforeseen causes as stated in G.S. 143-57, outside the State's control, including delay by contractors, delay in transportation, breakdown in machinery, or unanticipated volume of work, as determined by the Purchasing Agency Director, which can be satisfied only by immediate purchase or rental of Goods or Services.

(23) "Price" means the amount paid by the State to a Vendor for Goods or Services.

(24) "Procurement" means the process of acquiring Goods or Services.

(25) "Professional Services" means the contracted work or tasks performed by a Vendor or independent contractor possessing specialized knowledge, experience, expertise, and professional qualifications, who provides ongoing Services. A Professional Services Contract is a type of Service Contract.

(26) "Progressive Award" means an award for portions of a definite quantity requirement to more than one Vendor. Each portion is for a definite quantity and the sum of the portions is the total quantity procured. A Progressive Award may be in the Purchasing Agency's best interest when awards to more than one Vendor for different amounts of the same item are needed to obtain the total quantity or the time or times of delivery required.

(27) "Public Funds" means any amount received, held, disbursed, or otherwise subject to or accounted for in accordance with the State Budget Act and amounts used to acquire Goods and Services that are required to be purchased in accordance with Article 3 of Chapter 143 of the General Statutes.

(28) "Purchasing Agency" or "Purchaser" means the Agency that issues a purchase order or otherwise acquires Goods or Services through a purchasing process.

(29) "Recalled Bid" means a Bid that is rescinded by the Vendor after the bid opening but prior to a contract being awarded.

(30) "Renewal" means an optional term provided for in the Contract that can be exercised as of right by the State.

(31) "Responsible Vendor" means a Vendor who demonstrates in its Offer that it has the capability to perform the requirements of the Solicitation.

(32) "Responsive Offer" means an Offer that conforms to the Requirements of the Solicitation.

(33) "Requirement" is a provision of a Solicitation and any resulting Contract that prescribes the nature or details of a standard, process, or procedure that must be complied with by the Vendor before any further evaluation of the Offer is conducted by the State.

(34) "Sealed Offer" means an Offer that remains unopened until the public opening time stated in the Solicitation.

(35) "Secretary" means the Secretary of the North Carolina Department of Administration.

(36) "Service Contract" means any agreement for compensation involving Services and requiring a particular or specialized knowledge, experience, expertise, or similar capabilities in the Vendor. Contracts for Consultant Services, Professional Services, and Personal Services are also examples of a Service Contract. A Service Contract may also involve the ancillary purchase of Goods.

(37) "Services" means the tasks and duties undertaken by a Vendor in a Service Contract to fulfill the Requirements and Specifications of the Contract.

(38) "Signature" means a manual autograph, an Electronic identifier, or an Electronic authentication technique, that is intended by the person using it to have the same force and effect as a manual signature.

(39) "Small Purchase" means the purchase of Goods and Services not covered by a Term Contract where the expenditure of Public Funds including Extensions and Renewals is equal to or less than the Small Purchase Benchmark amount, pursuant to 01 NCAC 05B .0301.

(40) "Solicitation" means to request or invite Vendor Offers, or to request information regarding the acquisition of Goods and Services, through the use of Solicitation Documents.

(41) "Solicitation Documents" means a Written or Electronic (a) Invitation for Bids (IFB); (b) Request for Quotations (RFQ); (c) Request for Proposals (RFP); (d) Best and Final Offer (BAFO); or (e) other documents to invite Vendor Offers, including all mutually agreed attachments and items incorporated by reference therein.

(42) "Specification" means any description of the physical or functional characteristics of, or the nature of, the Goods or Services to be procured.

(43) "SPO" means the State Procurement Officer who is also the Director of the Division.

(44) "Tabulation" means a list of Vendors submitting Offers in response to a particular Solicitation and, if applicable, the prices offered as allowed under G.S. 143-52(a).

(45) "Technical Offer" means a proposal by a Vendor in response to the Solicitation, absent the price content.

(46) "Term Contract" is a binding agreement between purchaser and seller to buy and sell certain Goods or Services at certain prices, for an agreed Contract Term, and under specific terms and conditions.

(47) "Total Cost of Ownership" means a summation of all purchase, operating, and related costs to be expended during the projected lifetime of a Good or Service or both.

(48) "Vendor" means a contractor, supplier, bidder, company, independent contractor, firm, corporation, partnership, individual, or other entity submitting a response to a Solicitation.

(49) "Voided Bid" means an Electronic bid that was submitted by a Vendor in connection with an Electronic Solicitation that has been cancelled, the bids voided and not opened electronically.

(50) "Weakness" means a flaw in the Offer that increases the risk of unsuccessful contract performance.

(51) "Withdrawal" or "Withdrawn Bid" means a Bid that is rescinded by the Vendor prior to the bid opening.

(52) "Written" or "Writing" means a communication recorded in a medium of expression that can be preserved, read, retrieved, and reproduced for an indefinite period of time, including information in a form that is electronically transmitted and stored.

History

• Authority G.S. 143-48.3; 143-48.6; ­143-49; 143-52; 143-53; 143-53.1; 143-57; 143-135.9
• Eff. February 1, 1996
• Amended Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016
• Amended Eff. March 1, 2022; November 1, 2021; October 1, 2019.

Subchapter B

01 NCAC 05B .0101 Procedure {#sec-01-ncac-05b-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0101}

Using agencies shall request quotation, bid and purchase actions of the Division of Purchase and Contract by means of electronic or written requests.

History

• Authority G.S. 143-49; 143-51; 143-55
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0102 Verbal Requests {#sec-01-ncac-05b-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0102}

Verbal or other means of request are not satisfactory substitutes for electronic or written requests except in emergencies. Electronic or written confirmation must follow any such request made in an emergency situation.

History

• Authority G.S. 143-49; 143-51; 143-55
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0103 Confidentiality {#sec-01-ncac-05b-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0103}

(a) All information and documentation whether Electronic, Written, or verbal relative to the development of a Solicitation for a proposed or pending Procurement shall be confidential, except as deemed necessary by the Purchaser to develop a complete contractual document. Such material shall remain confidential until the award of contract or action has been taken by the Purchasing Agency to cancel the Procurement.

(b) All information and documentation relative to the development of a Specification shall be confidential until a contract is entered into by the Purchasing Agency and the Vendor in accordance with G.S. 143-52(a).

(c) Trade secrets, test data and similar proprietary information that the Vendor does not wish disclosed shall be identified as follows:

(1) each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL"; and

(2) if only a portion of a page marked "CONFIDENTIAL" contains trade secret information, the trade secret information shall be designated with a contrasting color or by a box around such information.

(d) Cost information shall not be confidential.

History

• Authority G.S. 132-1.1; 133-33; 143-52; 143-53; 143-60
• Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016
• Amended Eff. October 1, 2019.

01 NCAC 05B .0201 Types of Specifications {#sec-01-ncac-05b-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0201}

There shall be two general types of purchase specifications. A standard specification shall be originated and developed by the Division of Purchase and Contract. It shall be comprehensive in nature and intended for repeated use. The other type of specification shall be originated by the user and modified as necessary to accomplish the intent of the rules of this Subchapter. Other type specifications may be used, including, but not limited to, "brand name or equal" or "brand specific".

History

• Authority G.S. 143-49(2); 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0202 Need {#sec-01-ncac-05b-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0202}

The Division of Purchase and Contract is authorized to inquire into the need for and the level of quality of the items and services requested.

History

• Authority G.S. 143-49(2); 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0203 Development of Specifications {#sec-01-ncac-05b-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0203}

(a) A standard specification is intended for general use, applicable insofar as practicable to the needs of agencies and kept current by the Division of Purchase and Contract. In formulating such a specification, advisory committees made up of personnel from various agencies and the private sector may be employed for advice and assistance. This type of specification may be offered also for the review and comments of manufacturers and suppliers who may participate in future bidding on the items in question.

(b) North Carolina's purchasing program shall be built on the principle of competition. Purchasers shall seek competitive offers, except as may be permitted by statute or rule, from qualified and responsible sources of supply. Where competition is available, every purchaser shall use/write specifications and requirements that are reasonable to satisfy the need, but not unduly restrictive, which shall encourage competition in the open market and result in the best possible contract for the commodity, printing or service needed.

History

• Authority G.S. 143-49(2); 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0204 Articles for Special Purposes {#sec-01-ncac-05b-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0204}

Where articles are to be used for educational or training purposes, by handicapped persons, or for test and evaluation or research purposes, special or overriding consideration may be given to the factor of suitability in the preparation of specifications, the evaluation of offers, for waiver of competition, and the award of contracts.

History

• Authority G.S. 143-49(2); 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0205 North Carolina Products {#sec-01-ncac-05b-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0205}

Where quality and availability allow, specifications are based on products grown or manufactured in North Carolina. This special interest in North Carolina products is intended to encourage and promote their use, but it is not exercised to the exclusion of other products or to prevent fair and open competition.

History

• Authority G.S. 143-49(2); 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0206 Submission for Adoption {#sec-01-ncac-05b-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0206}

Upon completion of all necessary studies, reviews and drafts, any proposed standard specification shall be submitted to the SPO for consideration. When a specification is adopted as a standard, it becomes applicable to agency purchases generally. A standard specification may be modified by the Division of Purchase and Contract on an interim basis as deemed necessary or advantageous until such time as the SPO can consider the proposed revision.

History

• Authority G.S. 143-49(2); 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996; July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0207 Copies of Specifications {#sec-01-ncac-05b-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0207}

History

• Status: repealed
• Authority G.S. 143-49(2); 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Repealed Eff. October 1, 2019.

01 NCAC 05B .0208 Qualified Products List {#sec-01-ncac-05b-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0208}

History

• Status: repealed
• Authority G.S. 143-49(2); 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Repealed Eff. October 1, 2019.

01 NCAC 05B .0209 On-Site Inspection of Goods {#sec-01-ncac-05b-.0209 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0209}

History

• Status: repealed
• Authority G.S. 143-49(2); 143-53; 143-49; 143-60; 143B-397; 143B-398
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .0210 Confidentiality {#sec-01-ncac-05b-.0210 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0210}

History

• Status: repealed
• Authority G.S. 133-33; 143-53; 143-60
• Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016
• Repealed Eff. October 1, 2019.

01 NCAC 05B .0301 Contracting Requirements {#sec-01-ncac-05b-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0301}

Except where a waiver, special delegation, exemption, or an emergency purchase is permitted under Rule .1401, .1505(b), or Section .1600 of this Subchapter, all purchases involving the expenditure of Public Funds made by an Agency for Goods or Services not covered by Statewide Term Contracts, shall comply with the provisions of Rule .0314 of this Subchapter, and the following:

(1) Small Purchases.

(a) A Small Purchase, as defined in 01 NCAC 05A .0112, is the purchase of Goods and Services, where the total Contract value, including the amounts of Extensions and Renewals, is equal to or less than the Small Purchase Benchmark as set by the SPO.

(b) The Small Purchase Benchmark value shall be twenty five thousand dollars ($25,000) in 2021 dollars. The SPO shall adjust the Small Purchase value for inflation in June of odd-numbered years using the Consumer Price Index for All Urban Consumers (CPI-U), all items in U.S. city average, not seasonally adjusted. The inflation change shall be calculated by dividing the CPI-U index value in May of the current year by the index value from May of two years prior.

(c) The executive officer of each Agency, or his or her designee, shall establish written internal policies for making Small Purchases, which shall include provisions to encourage and promote the use of historically underutilized businesses as defined in G.S. 143-128.4 in purchasing Goods and Services. The procedures shall be made available to the SPO upon request such as part of a compliance review, complaint, or other inquiry.

(d) The Purchasing Agency shall award Contracts for Small Purchases.

(e) An Agency may advertise Small Purchase Solutions through the Electronic Bid System maintained by the Division and may utilized Division Solicitation Documents as specified in Rule .0314 of this Section.

(2) Informal Bidding Purchases.

(a) Where the total Contract value, including the amounts of Extensions and Renewals, involves an expenditure of Public Funds exceeding the Small Purchase Benchmark in Item (1) of this Rule, and up to the Bid Value Benchmark established for a university under the provisions of G.S. 116-31.10, or the General Delegation limit for an Agency established by the SPO under the provisions of G.S. 143-53(a)(2) and G.S. 143-53.1, the following procedures shall be utilized:

(i) Competition shall be solicited, but the Solicitation of Sealed Offers is not required. Agencies may utilize the Division's Electronic Bid System to advertise Solicitations subject to this Subsection or to solicit Vendor Offers.

(ii) Division Solicitation Documents requesting or inviting offers shall be issued; and

(iii) Division Solicitation Documents and any resulting Contract shall include Contract language and terms and conditions as set forth in Rules .0314 and .0318 of this Section, and may be found on the Division's webpage. Additional terms and conditions used shall not conflict with the Division's standard terms and conditions as set forth in Rule .0314 of this Section.

(b) Contracts for purchases valued less than a university's Bid Value Benchmark or an Agency's General Delegation shall be awarded by the Purchasing Agency.

(c) Purchasing agencies shall encourage and promote the use of historically underutilized businesses as defined in G.S. 143-128.4 in purchasing Goods and Services.

(3) Formal Bidding Procedure.

(a) Where the total Contract value, including the amounts of any Extensions and Renewals, involve an expenditure of Public Funds in excess of the Bid Value Benchmark established under G.S. 116-31.10, G.S. 115D-58.14, or the General Delegation established by the SPO under G.S. 143-53(a)(2) and G.S. 143-53.1, the competitive bidding procedure as defined in G.S. 143-52 shall be utilized as follows:

(i) Competition shall be solicited;

(ii) Division Solicitation Documents requesting or inviting offers shall be issued by the Purchasing Agency;

(iii) Solicitation Documents and any resulting Contract shall include contract language and terms and conditions as set forth in Rules .0314 and .0318 of this Section, and may be found on the Division's webpage, unless prior written approval is obtained from the Division for unusual requirements, such as for unique, complex, or highly technical Procurements. If additional terms and conditions for unusual requirements are used, they shall not conflict with the Division's standard terms and conditions as set forth in Rule .0314, unless prior written approval is obtained from the Division;

(iv) an Agency shall provide to the Division a draft Solicitation Document for review and approval prior to posting on the Electronic Bid System. The Division shall review for compliance in accordance with G.S. 143-50.1 and Section .0300 of these Rules; and

(v) an Agency shall solicit Sealed Offers in accordance with this Subsection. After opening and completing the evaluation of Offers received, the Agency shall prepare and submit a written recommendation for award, along with a copy of all Offers received, to the Division for approval or other actions deemed necessary by the SPO to ensure compliance with 01 NCAC 05B. Notice of the Division's decision shall be sent to the Agency.

(b) An Agency shall advertise all Solicitations subject to this Subsection through the Electronic Bid System maintained by the Division.

(c) Contracts for purchases in excess of a university's Bid Value Benchmark or an Agency's General Delegation shall be awarded by the Purchasing Agency upon approval from the Division in accordance with the process outlined in this paragraph.

(d) Purchasing agencies shall encourage and promote the use of historically underutilized businesses as defined in G.S. 143-128.4 in purchasing Goods and Services.

(4) The Procurement of Goods and Services shall be processed in the same manner.

History

• Authority G.S. 143-48; 143-49; 143-52; 143-53; 143-53.1
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996; January 1, 1985
• Temporary Amendment Eff. February 15, 1998
• Amended Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016
• Amended Eff. March 1, 2022.

01 NCAC 05B .0302 Mailing Lists {#sec-01-ncac-05b-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0302}

History

• Status: repealed
• Authority G.S. 143-49; 143-52
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Temporary Repeal Eff. February 15, 1998
• Repealed Eff. April 1, 1999.

01 NCAC 05B .0303 Electronic, Facsimile, and Telephone Offers {#sec-01-ncac-05b-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0303}

E-mail, facsimile, and telephone Offers shall not be accepted in response to a Solicitation that is required to be sealed pursuant to Rule .0301 of this Section. The use of digital or Electronic Signatures on Electronic Offers must be consistent with G.S. 66-312(9).

History

• Authority G.S. 66-312; 143-49; 143-52; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Readopted Eff. October 1, 2019.

01 NCAC 05B .0304 Recall of Offers {#sec-01-ncac-05b-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0304}

Offers may be recalled prior to opening upon Written and signed request from an authorized agent of the Vendor to the Purchasing Agency. A record of the recall shall be maintained in the bid file.

History

• Authority G.S. 143-49; 143-52
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Readopted Eff. October 1, 2019.

01 NCAC 05B .0305 Public Opening {#sec-01-ncac-05b-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0305}

(a) Pursuant to G.S. 143-52(a) the Purchasing Agency shall publicly open and tabulate all Offers (except those that have been previously withdrawn, or Voided Bids) at the time, date, and place identified in the Solicitation. The Tabulation shall be made public at the time it is created. There shall be at least two Purchasing Agency employees present at the opening when a Sealed Offer is required.

(b) When Negotiation after receipt of Offers is authorized pursuant to G.S. 143-49 and Rule .0503 of this Subchapter, only the names of offerors and the Goods and Services offered shall be tabulated at the time of opening. The cost and price Offer shall become available for public inspection at the time of the award.

(c) Under the two-step process outlined in Paragraph (b) of this Rule, the Technical Offers shall be reviewed for compliance with Rule .0301 of this Subchapter. Only the cost and price Offers for Offers found to be in compliance with Rule .0301 of this Subchapter will then be publicly opened. At least two days prior notification will be given to Vendors of the time and place of the opening.

History

• Authority G.S. 143-49; 143-52; 143-53
• Eff. February 1, 1976:
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Readopted Eff. October 1, 2019.

01 NCAC 05B .0306 Late Offers, Modifications, or Withdrawals {#sec-01-ncac-05b-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0306}

All Offers or modifications must be received by the due date, time and location as specified in the Solicitation document. Any Offer or modification received after the specified time shall not be considered. Withdrawal of an Offer must be requested in writing prior to the contract award.

History

• Authority G.S. 143-49; 143-52
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Readopted Eff. October 1, 2019.

01 NCAC 05B .0307 Error/Clarification {#sec-01-ncac-05b-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0307}

When an offer appears to contain an obvious error or otherwise where an error is suspected, the circumstances may be investigated and then may be considered and acted upon. Any action taken shall not prejudice the rights of the public or other offering companies. Where offers are submitted substantially in accordance with the procurement document but are not entirely clear as to intent or to some particular fact or where there are other ambiguities, clarification may be sought and accepted provided that, in doing so, no change is permitted in prices.

History

• Authority G.S. 143-49; 143-52
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0308 Extension of Acceptance Time {#sec-01-ncac-05b-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0308}

When in the public interest, Vendors may be requested by the Purchasing Agency to extend the time within which an Offer is to be accepted.

History

• Authority G.S. 143-49; 143-52
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Readopted Eff. October 1, 2019.

01 NCAC 05B .0309 Evaluation {#sec-01-ncac-05b-.0309 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0309}

(a) In determining the award of Contract, Responsive Offers shall be considered and evaluated as provided by statute and applicable rules. The evaluation criteria to be used in determining the award of Contract shall be identified in the Solicitation document.

(b) Possession of Offers, including any accompanying information submitted with the Offers, shall be limited to persons in the Purchasing Agency who are responsible for handling the Offers and accompanying information, and to others determined necessary by the Purchasing Agency for the purpose of evaluation and award of Contracts. No Vendor shall participate in the evaluation process nor submit any additional information or materials during the period of evaluation, unless requested by the Purchasing Agency.

(c) Evaluation of Offers shall be conducted by the Purchasing Agency. Following evaluation of the Offers by the Purchasing Agency, a recommendation shall be submitted to the Division to review for compliance with Rule .0301 of this Subchapter. Evaluation scoring sheets, and other materials utilized to determine the ranking or assessment of the Responsive Offers shall be retained in the Agency Procurement file.

(d) If a Vendor has not met the evaluation criteria provided in the Solicitation document, a written determination of such status shall be made, including the reason(s) therefore with any supporting documentation in the Procurement file.

(e) The failure of a Vendor to provide requested information to the Purchasing Agency in connection to a Clarification or mandatory addendum shall be sufficient justification for a determination of not having met the criteria.

History

• Authority G.S. 143-49; 143-52; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Readopted Eff. October 1, 2019.

01 NCAC 05B .0310 Notification of Award {#sec-01-ncac-05b-.0310 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0310}

(a) Following the award of a Contract in accordance with Rule .0301 of this Section, the Purchasing Agency shall notify the winning Vendor in writing. Written notifications may include letter or Electronic means, such as posting on the Electronic Bid System or e-mail.

(b) Purchasing Agencies shall post Contract awards in the same manner described in Rule .0316 of this Section.

History

• Authority G.S. 143-49; 143-52; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996; May 1, 1988; July 1, 1987
• Temporary Amendment Eff. February 15, 1998
• Amended Eff. April 1, 1999
• Readopted Eff. October 1, 2019.

01 NCAC 05B .0311 Goods Requiring Immediate Acceptance {#sec-01-ncac-05b-.0311 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0311}

History

• Status: repealed
• Authority G.S. 143-49; 143-52
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. July 1, 1987
• Repealed Eff. February 1, 1996.

01 NCAC 05B .0312 Lack of Competition {#sec-01-ncac-05b-.0312 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0312}

The purpose of soliciting offers is both to seek and to obtain competition; the responsibility is dual. Where only a single offer or a single acceptable offer is received or, otherwise, where reasonable and available competition is not obtained, the reason shall be ascertained and made a matter of record.

History

• Authority G.S. 143-49; 143-52
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0313 Tabulations and Abstracts {#sec-01-ncac-05b-.0313 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0313}

History

• Status: repealed
• Authority G.S. 143-49; 143-52; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Repealed Eff. October 1, 2019.

01 NCAC 05B .0314 Solicitation documents {#sec-01-ncac-05b-.0314 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0314}

(a) In this Rule, the Division establishes standard Solicitation Documents for use in Contracts with the State. A Purchasing Agency shall use Division Solicitation Documents for purchases over the Small Purchase Benchmark.

(b) Division Solicitation Documents shall act as templates for the Purchasing Agency, including provisions for:

(1) Purchasing Agency contract lead name, contact information, Solicitation identifying information, and commodity codes;

(2) Purpose and background information such as:

(A) a description of the requested Goods or Services;

(B) a description of the Purchasing Agency's needs; and

(C) the intent of the solicitation;

(3) Contract Term information, including any Renewal period;

(4) General information regarding the Solicitation and bid process including:

(A) date and time when the bids will be opened;

(B) instruction as to how and when the Vendor is to respond to the Solicitation;

(C) the intended schedule of events and responsibilities of the Solicitation;

(D) instructions for submitting written questions to the Purchasing Agency;

(E) a list of content that should be included in the Vendor's response; and

(F) instructions on how to submit an alternate bid, if permitted;

(5) The method of award and bid evaluation process including:

(A) the number, type, and structure of the intended award;

(B) description of the evaluation criteria; and

(C) notice of the State's option to negotiate in accordance with 01 NCAC 05B .0503;

(6) The terms of the Vendor's performance, including:

(A) the terms of pricing, invoicing, and methods of delivery of the requested Goods or Services;

(B) the scope of work required by the Solicitation;

(C) Specifications for the required Good or Service;

(D) licensing requirements, as applicable;

(E) statement of warranty or maintenance option; and

(F) instructions for submitting samples, demonstrations, or descriptive literature;

(7) Requirements and instructions for submitting references;

(8) Notice of confidentiality and prohibited communications;

(9) Contract administration requirements including:

(A) post award contract management meetings and periodic status reports schedule;

(B) provisions for the review of the Vendor's performance as stated in Subparagraph (6) of this Paragraph; and

(C) dispute resolution.

(10) Terms and conditions approved by the Division pursuant to 01 NCAC 05B .0318.

(c) The Purchasing Agency may add or remove provisions as required for certain Solicitations, such as those with unique, complex, or highly technical Specifications.

History

• Authority G.S. 143-49; 143-52(a); 143-53
• Eff. February 1, 1996
• Amended Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016
• Amended Eff. March 1, 2022.

01 NCAC 05B .0315 Division of Requirements {#sec-01-ncac-05b-.0315 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0315}

An agency shall not divide requirements in order to keep the expenditure under its benchmark or delegation and thereby avoid following the appropriate contracting requirement. In the case of similar and related items and groups of items, the dollar limits apply to the total cost rather than the cost of any single item.

History

• Authority G.S. 143-52; 143-53
• Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0316 Advertisement Requirements {#sec-01-ncac-05b-.0316 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0316}

(a) Unless otherwise directed by statute or excepted pursuant to Paragraph (d) of this Rule, all advertisements required by Rule .0301 of this Section shall be posted through the Division's Electronic Bid System for at least 10 calendar days, unless a memo requesting a waiver is received by the Division and approved by the SPO in accordance with the Rule .1401 of the Section. The Purchasing Agency may also solicit bids via direct mailings or additional advertisement so long as the requirements of this Paragraph are met.

(b) The required data to be advertised shall include the complete Solicitation document with agency name, buyer name, phone number and address for accessing hard copies of the Solicitation, solicitation identification number, title, description of the commodity, service or printing requirement, and the opening date, time and place.

(c) Within three working days from the award of a contract that has been advertised through the Division's Electronic Bid System, Purchasing Agencies shall transmit an award notice to the Division's Electronic Bid System. The award notice shall be posted for at least 30 consecutive calendar days. This award notice shall identify the contract and award information.

(d) Exceptions to this Rule are as follows:

(1) If the Purchasing Agency is unable to transmit the advertisement or award notice electronically, that agency may submit the data to the Division to transmit electronically, or the agency may place the advertisement (excluding the complete Solicitation document) via newspaper. If advertised via newspaper, the agency shall be responsible for placing the advertisement and no award notice shall be required.

(2) If a Purchasing Agency is unable to electronically transmit an attachment to the Solicitation, the Purchasing Agency shall include instructions to obtain the attachment in the advertisement.

(3) If a Purchasing Agency is unable to electronically transmit a Solicitation, the Purchasing Agency shall electronically transmit a summary notice that provides interested Vendors with instructions to obtain a copy of the Solicitation.

(4) Reasons a Purchasing Agency may be unable to electronically transmit the documents listed in this Paragraph include computer equipment failure, networking difficulties, or insufficient copies of samples for a printing job.

History

• Authority G.S. 143-52; 143-53
• Temporary Adoption Eff. February 15, 1998
• Eff. April 1, 1999
• Readopted Eff. October 1, 2019.

01 NCAC 05B .0317 Mandatory Conferences/Site Visits {#sec-01-ncac-05b-.0317 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0317}

(a) When a Solicitation requires potential Vendors to attend a mandatory conference or mandatory site visit, the date, time, location, and other details of the conference or site visit shall be given in the Solicitation, and in the advertisement when required by Rule .0316 of this Section.

(b) If only one Vendor attends the mandatory conference or mandatory site visit, the Purchasing Agency may conduct or postpone the conference or site visit. The Purchasing Agency shall review the Solicitation and factors set out in Rule .1401 of this Section to determine whether any Competition is available and why only one potential Vendor attended. The Purchasing Agency may schedule another conference or site visit if it determines that Competition is available, and it would be in the best interest of the State. If it is determined that there is no Competition available, then the Procurement may be subject to approval for a waiver of Competition pursuant to Rules .1401 and .1402 of this Subchapter.

(c) The Purchasing Agency shall document details of the conference or site visit as part of the official Procurement records.

(d) Any and all questions or Clarifications by a potential Vendor regarding a Solicitation shall be addressed to the Purchasing Agency named on the Solicitation. Any and all revisions to the Solicitation shall be made only by written addendum from the Purchasing Agency.

History

• Authority G.S. 143-52; 143-53
• Eff. April 1, 1999
• Readopted Eff. October 1, 2019.

01 NCAC 05B .0318 terms and conditions {#sec-01-ncac-05b-.0318 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0318}

(a) In this Rule, the Division establishes standard terms and conditions for use in Contracts with the State.

(b) In addition to any contract provisions specifically required by an applicable statute or rule, standard terms and conditions should contain provisions relating to:

(1) The rights and responsibilities of the parties, including performance, payment terms, services terms, and condition and packaging of Goods;

(2) Contract terms, including:

(A) default;

(B) termination;

(C) remedies;

(D) governing law;

(E) insurance coverage requirements;

(F) assignment and delegation;

(G) confidentiality;

(H) indemnification;

(I) conflict of terms;

(J) order of precedence;

(K) warranties;

(L) integration;

(M) amendments;

(N) no waiver;

(O) licensing provisions; and

(P) force majeure;

(3) Contract terms required in Contracts with the State such as protections for State data and property, availability of State funds, vendor advertising, access by the State Auditor to persons and records, electronic procurement and related fees, electronic records, applicability of taxes, sovereign immunity, compliance with non-discrimination statutes, and provisions relating to the utilization of federal funds; and

(4) Other provisions to protect the State from legal and other risks, as necessitated by current legal, market, and business conditions.

(c) The Purchasing Agency may add or remove specific terms and conditions for certain Contracts, such as those with unique, complex or highly technical Procurements.

History

• Authority G.S. 143-49; 143-50.1; 143-52; 143-53; 143-135.9
• Eff. March 1, 2022.

01 NCAC 05B .0319 contract term {#sec-01-ncac-05b-.0319 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0319}

(a) Except as allowed in G.S. 143-53(d), the Agency's executive officer, or his or her designee, shall develop procedures consistent with this Chapter for approving Contract terms up to three years.

(b) Except as otherwise provided by statute, a Contract with a term that exceeds three years, including the Initial Contract Term and any Renewal and Extension, requires approval of the SPO prior to posting the Solicitation. Requests for approval may be made through the Electronic Bid System.

(c) No Contract may contain a provision that provides for more than two one-year Renewals without prior approval of the SPO.

(d) SPO approval may be granted after consideration of the factors in Rule .0321 of this Section or when the SPO determines it is most advantageous to the State in accordance with G.S. 143-52(a).

History

• Authority G.S. 143-49; 143-52; 143-53; 143-135.9
• Eff. March 1, 2022.

01 NCAC 05B .0320 Contract Extensions {#sec-01-ncac-05b-.0320 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0320}

(a) Except as allowed in G.S. 143-53(d), any Extension beyond the term originally provided in the Contract that would result in a total Contract term that exceeds three years shall be by approval of the SPO prior to the expiration of the initial Contract or Renewal as provided in Rule .0319 of this Section, after consideration of the factors set forth in Rule .0321.

(b) When an Agency determines, through consideration of the factors listed in Rule .0321 of this Section, that a Contract Extension is most advantageous to the State, as defined by G.S. 143-52, the Agency shall publicly post a notification of the Extension on the Electronic Bid System. The notification shall state for any Contract Extension:

(1) the original bid number;

(2) the awarded Vendor;

(3) the Contract start and end dates;

(4) the original Contract amount;

(5) the revised end date;

(6) an explanation of any pricing modification to be included; and

(7) Agency and Contract Manager contact information.

(c) When an Agency determines it is most advantageous to the State, as defined by G.S. 143-52, the Agency may request the Vendor to extend the scheduled termination dates of Contracts. Extensions shall not result in a change in the prices stated in the original Contract unless agreed to by the Purchasing Agency in writing. Extensions that result in a total contract value that exceeds a Purchasing Agency's General Delegation or Bid Value Benchmark shall be submitted to the Division for approval.

History

• Authority G.S. 143-49; 143-52; 143-53; 143-135.9
• Eff. March 1, 2022.

01 NCAC 05B .0321 Factors for Contract Extension or Renewal {#sec-01-ncac-05b-.0321 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0321}

(a) Before exercising a Renewal or seeking an Extension of a Contract as provided in this Section, the Agency shall consider and document in the official file, in accordance with 01 NCAC 05B .1903, the following factors:

(1) market research that reveals any changes in the industry subject to the Contract;

(2) the Vendor's past performance under the Contract;

(3) existence of new risk factors not present at award that increase the risk of unsuccessful contract performance;

(4) the presence and effectiveness of any performance-based contract provisions and metrics;

(5) the impact of transitioning to a new Vendor on the Agency's ability to meet the requirements of its programs; and

(6) any other requirements of State or federal statutes or rules.

(b) Subject to the limitations in Rule .0319 of this Section, an Agency's decision to renew or extend a Contract Term shall be approved by the Agency's head of Procurement.

(c) Contracts shall only be extended or renewed prior to the expiration of the last active Contract Term.

(d) An Agency shall obtain SPO approval before exercising a Renewal or seeking an Extension of a Contract when:

(1) the factors in Paragraph (a) of this Rule do not support a Renewal or Extension; or

(2) a Renewal or Extension would result in a total contract value that exceeds the Agency's General Delegation or Bid Value Benchmark.

History

• Authority G.S. 143-49; 143-52; 143-53; 143-135.9
• Eff. March 1, 2022.

01 NCAC 05B .0401 General Delegation {#sec-01-ncac-05b-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0401}

History

• Status: repealed
• Authority G.S. 143-52; 143-53; 143-53.1
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996; January 1, 1985
• Temporary Repeal Eff. February 15, 1998 ( 1 NCAC 5B .0401)
• Repealed Eff. April 1, 1999.

01 NCAC 05B .0402 Review by Board of Award and Secretary of Administration {#sec-01-ncac-05b-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0402}

History

• Status: repealed
• Authority G.S. 143-52; 143-53; 143-53.1
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996; January 1, 1985
• Temporary Repeal Eff. February 15, 1998 ( 1 NCAC 5B .0401)
• Repealed Eff. April 1, 1999.

01 NCAC 05B .0403 Division of Requirements {#sec-01-ncac-05b-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0403}

History

• Status: repealed
• Authority G.S. 143-52; 143-53; 143-53.1
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996; January 1, 1985
• Temporary Repeal Eff. February 15, 1998 ( 1 NCAC 5B .0401)
• Repealed Eff. April 1, 1999.

01 NCAC 05B .0404 Delegations {#sec-01-ncac-05b-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0404}

History

• Status: repealed
• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. July 1, 1987; January 1, 1985
• Repealed Eff. February 1, 1996.

01 NCAC 05B .0501 REJECTION or cancellation of offers {#sec-01-ncac-05b-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0501}

(a) Any Offers received in response to a Solicitation may be rejected. The basis for rejection may include the following:

(1) the Offer does not address the requirements in the Solicitation for bid regarding quantity, quality, delivery, price or service;

(2) the Offer does not comply with the conditions set forth in the Solicitation for bid;

(3) the Purchasing Agency determines there is a lack of Competition;

(4) the Solicitation contains errors;

(5) cancellation of or changes to the project reference in the Solicitation;

(6) dual or similar Offers which prevent a Best Value Procurement to be determined; or

(7) limitation or lack of available funds of the Purchasing Agency.

(b) Negotiation may be utilized if permitted by Rule .0503 of this Section.

(c) If all Offers are rejected, a Solicitation may be cancelled in its entirety or otherwise handled in accordance with the provisions of this Chapter.

History

• Authority G.S. 143-52; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Readopted Eff. October 1, 2019.

01 NCAC 05B .0502 Public Record {#sec-01-ncac-05b-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0502}

History

• Status: repealed
• Authority G.S. 143-52; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Repealed Eff. October 1, 2019.

01 NCAC 05B .0503 Negotiation {#sec-01-ncac-05b-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0503}

(a) The Purchasing Agency may negotiate with one or more Responsive Vendors or reject all Offers under the provisions of Rule .0501 of this Subchapter and negotiate with one or more sources of supply that may be capable of satisfying the requirement. Negotiations may also be conducted under conditions that merit a waiver of Competition pursuant to Rule .1401 of this Section.

(b) Negotiations shall be conducted by the Purchasing Agency if the Solicitation is under its Bid Value Benchmark or General Delegation. A Purchasing Agency may request the participation of the Division in any Negotiation.

(c) Negotiations shall be memorialized by a written agreement executed by the parties and issued by the Division.

(d) All Negotiation results shall be documented in writing for public record.

History

• Authority G.S. 143-52; 143-53; 143-60
• Eff. February 1, 1996
• Amended Eff. April 1, 1999
• Readopted Eff. October 1, 2019
• Amended Eff. August 1, 2020.

01 NCAC 05B .0601 General Procedures {#sec-01-ncac-05b-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0601}

Rules of this Subchapter regarding seeking competition shall be followed wherever feasible, when it appears that the acquisition of used commodities is in the public interest.

History

• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0602 Acquisition in Best Interest of State {#sec-01-ncac-05b-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0602}

Solicitation documents on used items may or may not include a request for prices on like new products, but in either case acquisition may be made on the basis of that which is considered most advantageous for the intended purpose.

History

• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0701 Policy {#sec-01-ncac-05b-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0701}

Every agency shall review the items being included in a construction/renovation project and remove any items that it considers are non-related to the actual construction/renovation of the building. Items that are considered commodities or just furnishings, and that would complete the project for use by the agency, shall be handled in accordance with the rules of this Chapter. Items that are usually removed for construction/renovation projects include carpet, office panel systems, food service equipment, and furniture. If an agency determines that one of these items, or any item that is normally handled as a commodity purchase, is best suited for inclusion in the construction/renovation project, the agency's justification shall be documented in writing for public record.

History

• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0702 Turn Key Projects {#sec-01-ncac-05b-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0702}

History

• Status: repealed
• Authority G.S. 143-341(3)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .0801 General Policy {#sec-01-ncac-05b-.0801 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0801}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted February 27, 1979
• Amended Eff. February 1, 1996; January 1, 1985
• Temporary Repeal Eff. February 15, 1998
• Repealed Eff. April 1, 1999.

01 NCAC 05B .0802 Procedure {#sec-01-ncac-05b-.0802 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0802}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted February 27, 1979
• Amended Eff. February 1, 1996; January 1, 1985
• Temporary Repeal Eff. February 15, 1998
• Repealed Eff. April 1, 1999.

01 NCAC 05B .0803 Lead Time {#sec-01-ncac-05b-.0803 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0803}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .0804 Submission of Material After Promised Date {#sec-01-ncac-05b-.0804 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0804}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .0805 Submission of Manuscripts {#sec-01-ncac-05b-.0805 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0805}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .0806 Printing Samples {#sec-01-ncac-05b-.0806 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0806}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .0807 Author's Alterations {#sec-01-ncac-05b-.0807 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0807}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .0808 Approval Signature {#sec-01-ncac-05b-.0808 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0808}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .0809 Multi-Color Process Printing {#sec-01-ncac-05b-.0809 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0809}

History

• Status: repealed
• Authority G.S. 143-169
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1987.

01 NCAC 05B .0810 Statement of Cost of Public Documents {#sec-01-ncac-05b-.0810 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0810}

History

• Status: repealed
• Authority G.S. 143-170.1
• Eff. July 1, 1987
• Repealed Eff. February 1, 1996.

01 NCAC 05B .0901 Responsibility {#sec-01-ncac-05b-.0901 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0901}

In general, it is the responsibility of the receiving agency to inspect all materials, supplies, and equipment upon delivery to insure compliance with the contract requirements and specifications. However, when the contract requires an inspection by the Division of Purchase and Contract, it shall be conducted by a designee of the Division.

History

• Authority G.S. 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0902 Selection {#sec-01-ncac-05b-.0902 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0902}

The Division may periodically inspect any items to insure that specifications are met. The agency must insure that items and services purchased comply with applicable codes, statutes, local ordinances, policies or safety requirements.

History

• Authority G.S. 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0903 Reinspections {#sec-01-ncac-05b-.0903 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0903}

The Division may re-inspect any item or service performed and reverse an agency decision when justified.

History

• Authority G.S. 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0904 Samples {#sec-01-ncac-05b-.0904 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0904}

When samples are required in response to a solicitation document issued by the Division of Purchase and Contract, the Division shall test, or have tested, those samples. Samples shall not be sent directly to laboratories outside the Division of Purchase and Contract or agency unless it is determined by the Division that these facilities do not have the capability, time, or expertise needed.

History

• Authority G.S. 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0905 Specifications {#sec-01-ncac-05b-.0905 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0905}

When it is determined to be advantageous, the agency which awarded the contract may authorize revisions to a contract specification, including any cost adjustment associated with any such revision, as part of contract administration. If an increase in cost results in the total contract value being more than the agency's benchmark or delegation, then prior written approval shall be obtained from the Division of Purchase and Contract, regardless of what agency initially awarded the contract.

History

• Authority G.S. 143-53; 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .0906 Report of Discrepancy {#sec-01-ncac-05b-.0906 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .0906}

Where commodities, services or printing delivered fail to meet the specifications or contract requirements, the discrepancy shall be resolved by the agency which issued the solicitation document.

History

• Authority G.S. 143-53; 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1001 Enforcement {#sec-01-ncac-05b-.1001 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1001}

Using agencies shall enforce the contractual guarantee or warranty applying to the supplies, materials, and equipment purchased.

History

• Authority G.S. 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1002 Report to Purchasing {#sec-01-ncac-05b-.1002 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1002}

If any agency has difficulty in obtaining satisfactory performance, including service as provided for in a guarantee or warranty, under a contract handled by the Division of Purchase and Contract, the matter shall be referred to the Division of Purchase and Contract for attention and appropriate action.

History

• Authority G.S. 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1003 Responsibility of Using Agency {#sec-01-ncac-05b-.1003 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1003}

The using agency must notify the vendor promptly when latent or other defects are discovered. In the event the vendor fails to remedy the condition reported, and the contract was handled by the Division of Purchase and Contract, the matter shall be referred to the Division of Purchase and Contract.

History

• Authority G.S. 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1101 Use {#sec-01-ncac-05b-.1101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1101}

(a) Term contracts, known also as indefinite quantity or requirements contracts, are used generally to establish suppliers and prices of a given commodity, group of commodities, printing, or services for a period of time without guaranteed quantities being specified. Statewide term contracts consolidate normal requirements of all agencies into one agreement and shall be handled by the Division of Purchase and Contract.

(b) A term contract is a binding agreement between purchaser and seller to buy and sell certain commodities, printing, or services at certain prices and under stipulated terms and conditions. It is neither an "approved list" nor a list of approved or ceiling prices. No agency may purchase any commodities, printing, or services covered by a statewide term contract from any other sources.

(c) A term contract shall be based upon competition, where available, with the potential vendors being advised as to the agency(s)' business they are competing for and, if successful, the agency(s)' business they have earned.

(d) Agencies may handle agency specific term contracts for use by their agency if the expenditure over the term of the contract is under their benchmark or delegation, and the commodity, printing, or service is not covered by a statewide term contract.

(e) Rules applying to service and printing contracts do not apply to local school administrative units or community colleges.

History

• Authority G.S. 115C-522; 115D-58.5; 143-52; 143-53; 143-55
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1102 Determining Factors {#sec-01-ncac-05b-.1102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1102}

In determining whether a product should be on a statewide term contract, the Division shall consider such factors as volume, nature of the product, repetitiveness of use, relative stability of prices, and transportation costs. In determining whether a product should be on an agency specific term contract, the agency shall consider such factors as volume, nature of the product, repetitiveness of use, relative stability of prices, and transportation costs.

History

• Authority G.S. 143-52; 143-53; 143-55
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1103 Copies of Term Contracts {#sec-01-ncac-05b-.1103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1103}

History

• Status: repealed
• Authority G.S. 143-52; 143-55
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .1104 Amendments to Contracts {#sec-01-ncac-05b-.1104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1104}

History

• Status: repealed
• Authority G.S. 143-52; 143-55
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .1105 Special Items {#sec-01-ncac-05b-.1105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1105}

In situations where a general type of item is covered by a term contract but a special type item is needed for a particular application, the agency may proceed with the purchase of the special type item under the rules of this Chapter. The need for the special type item in lieu of the general type item shall be justified by the agency/user in writing and the agency file documented for public record.

History

• Authority G.S. 143-52; 143-53; 143-55
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1106 Discount Schedules {#sec-01-ncac-05b-.1106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1106}

History

• Status: repealed
• Authority G.S. 143-52; 143-55; 143-58; 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .1107 Anti-Inflation Compliance: Term Contract Price Increases {#sec-01-ncac-05b-.1107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1107}

History

• Status: repealed
• Authority G.S. 143-52; 143-53; 143-55
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .1108 Extension of Contract Termination Dates {#sec-01-ncac-05b-.1108 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1108}

When in the best interest of the State, Vendors may be requested to extend the scheduled termination dates of contracts. Extensions shall not result in a change in the prices stated in the original contract unless agreed to by the Purchasing Agency in writing. Extensions that result in an annual contract value exceeding a Purchasing Agency's delegation must be submitted to the Division for approval based on the determining factors set forth in Rule .1102 of this Section.

History

• Authority G.S. 143-52; 143-49
• Eff. February 1, 1996
• Readopted Eff. October 1, 2019.

01 NCAC 05B .1201 Use {#sec-01-ncac-05b-.1201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1201}

(a) The Purchasing Agency may make a partial, multiple or Progressive award for the following reasons:

(1) there are insufficient funds to make a full award;

(2) a legislative mandate;

(3) if the Purchasing Agency determines that it is in the best interests of the State to award separately by items; or

(4) if more than one supplier is needed to meet the Specifications as to quantity, quality, delivery, services, or geographical areas as set forth in the Solicitation.

(b) Multiple awards shall be made consistent with the applicable provisions of G.S. 143-52.3(5).

History

• Authority G.S. 143-52.3; 143-53(6)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Readopted Eff. October 1, 2019.

01 NCAC 05B .1202 Selection from Lists of Suppliers {#sec-01-ncac-05b-.1202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1202}

History

• Status: repealed
• Authority G.S. 143-53(6)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .1301 Procedures {#sec-01-ncac-05b-.1301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1301}

History

• Status: repealed
• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Temporary Repeal Eff. February 15, 1998
• Repealed Eff. April 1, 1999.

01 NCAC 05B .1302 Dollar Limitations {#sec-01-ncac-05b-.1302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1302}

History

• Status: repealed
• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .1303 Designation of Authorized Persons {#sec-01-ncac-05b-.1303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1303}

History

• Status: repealed
• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. April 1, 1999.

01 NCAC 05B .1401 Policy {#sec-01-ncac-05b-.1401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1401}

Under conditions listed in this Rule, and otherwise if deemed to be in the public interest by the SPO or the agency, if under its delegation or benchmark, competition may be waived. Conditions permitting waiver include cases where performance or price competition is not available; where a needed product or service is available from only one source of supply; where emergency action is indicated; where competition has been solicited but no satisfactory offers received; where standardization or compatibility is the overriding consideration; where a donation predicates the source of supply; where personal or particular professional services are required; where a particular medical product or service, or prosthetic appliance is needed; where a product or service is needed for the blind or severely disabled and there are overriding considerations for its use; where additional products or services are needed to complete an ongoing job or task; where products are bought for "over the counter" resale; where a particular product or service is desired for educational, training, experimental, developmental or research work; where equipment is already installed, connected and in service, and it is determined advantageous to purchase it; where items are subject to rapid price fluctuation or immediate acceptance; where there is evidence of resale price maintenance or other control of prices, lawful or unlawful, or collusion on the part of companies which thwarts normal competitive procedures; where the amount of the purchase is too small to justify soliciting competition or where a purchase is being made and a satisfactory price is available from a previous contract; where the requirement is for an authorized cooperative project with another governmental unit(s) or a charitable non-profit organization(s); and where a used item(s) is available on short notice and subject to prior sale.

History

• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1402 Approval and Documentation {#sec-01-ncac-05b-.1402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1402}

Although competition may be waived pursuant to Rule .1401 of this Section, its use is required wherever practicable. Where waiver is contemplated, agencies may negotiate with a potential vendor(s) in an effort to acquire the quality of commodity, service or printing needed at the best possible price, delivery, terms and conditions, when the expenditure is less than their respective benchmark or delegation. A solicitation document requesting or inviting an offer(s) shall be issued by the agency, including standard language, terms and conditions issued by the Division of Purchase and Contract. Under an emergency or pressing need situation, a solicitation document requesting or inviting an offer(s) shall be issued by the agency, including standard language, terms and conditions issued by the Division, unless circumstances prohibit their use. Negotiations may also be conducted with a potential vendor(s) for contracts exceeding an agency's benchmark or delegation, but are subject to the conditions of Rule .1518 of this Subchapter, except where otherwise permitted by rule.

History

• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996; July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1403 Data Processing Hardware and Software {#sec-01-ncac-05b-.1403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1403}

History

• Status: repealed
• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. July 1, 1987
• Repealed Eff. February 1, 1996.

01 NCAC 05B .1501 Confidentiality {#sec-01-ncac-05b-.1501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1501}

History

• Status: repealed
• Authority G.S. 143-52; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Repealed Eff. October 1, 2019.

01 NCAC 05B .1502 Bonds {#sec-01-ncac-05b-.1502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1502}

History

• Status: repealed
• Authority G.S. 143-52; 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .1503 Remedies {#sec-01-ncac-05b-.1503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1503}

History

• Status: repealed
• Authority G.S. 143-52; 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .1504 Payment Plans {#sec-01-ncac-05b-.1504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1504}

Purchase contracts may provide for payment over a period of time. Such instances, however, shall be fully justified, kept to a minimum and carry written prior approval of the administrative head of the agency. Administrative heads and governing board of agencies shall see that statutory or other prohibitions are not violated. The intended plan of payment shall be included in the procurement document.

History

• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1505 Funds from Different Sources {#sec-01-ncac-05b-.1505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1505}

(a) All public funds irrespective of source, whether special, federal, local, gifts, bequests, receipts, fees, or State appropriated, used for the purchase, rental, lease, installment purchase and lease/purchase of commodities, printing and services shall be handled under the provisions of Article 3 of G.S. 143 and in accordance with rules adopted pursuant thereto by the Division of Purchase and Contract.

(b) Rules applying to service, rental, lease, and printing contracts do not apply to local school administrative units or community colleges.

History

• Authority G.S. 143-53; 143-60(5)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1506 Conditional Grants Etc in Public Purchasing {#sec-01-ncac-05b-.1506 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1506}

Where a grant, donation or special discount is predicated upon making a purchase from the grantor, the proposed transaction shall be explained in writing and shall have prior approval of the SPO. Prior to approval, the SPO shall consider the conditions placed on the grant, donation, or special discount, and how they will affect the agency and the State, the cost of agreeing to such conditions, and the market place conditions. When a donation from private sources is predicated upon making the purchase or lease from a specific source, the purchase or lease may be made without prior approval of the SPO or Secretary.

History

• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996; July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1507 Change in Corporate Structure {#sec-01-ncac-05b-.1507 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1507}

Contracts following an award to a Vendor are not instruments for sale and shall not be assigned. If a Vendor is involved in corporate consolidations, acquisitions or mergers, the Purchasing Agency may negotiate agreements for the transfer of contractual obligations and the continuance of Contracts if the Purchasing Agency determines that it is in the best interest of the State.

History

• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Readopted Eff. October 1, 2019.

01 NCAC 05B .1508 Purchases for Across the Counter Resale {#sec-01-ncac-05b-.1508 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1508}

Purchases of items for "across the counter" resale are not handled through the Division of Purchase and Contract. However, all purchases of items for use by agencies, even if channeled through bookstores or other internal supply sources, including stockrooms and warehouses, are to be in accordance with rules adopted by the Secretary.

History

• Authority G.S. 143-53; 143-60(5)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1509 Purchasing from or Through Agency Employees {#sec-01-ncac-05b-.1509 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1509}

Every reasonable effort shall be made to avoid making purchases from or through employees of any agency. Prior written approval from the SPO is required in any instance which may develop of doing business with such personnel. In deciding whether to grant approval, the SPO shall consider the type item or service needed, the prevailing market conditions, whether competition is available, the cost involved, and the effects of doing business with the employee.

History

• Authority G.S. 143-53; 143-60(5)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996; July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1510 Use of Purchasing Power for Private Gain {#sec-01-ncac-05b-.1510 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1510}

History

• Status: repealed
• Authority G.S. 143-53; 143-58.1
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996; July 1, 1987
• Repealed Eff. October 1, 2019.

01 NCAC 05B .1511 Anticompetitive, deceptive, and fraudulent practices {#sec-01-ncac-05b-.1511 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1511}

(a) A Purchasing Agency shall act to prevent the continuance of anticompetitive, deceptive, or fraudulent practices. Anticompetitive practices include actions involving Vendors that restrain trade or commerce or eliminate Competition.

(b) Anticompetitive, deceptive, or fraudulent practices may be evidenced by one or more of the following:

(1) conspiracy in restraint of trade or commerce;

(2) combination bidding in restraint of trade or commerce;

(3) price fixing which may include reliance upon an industry price list;

(4) collusion;

(5) identical bidding; or

(6) agreements to:

(A) rotate Offers;

(B) share the profits with a Vendor who is not the low Vendor;

(C) sublet work in advance of bidding as a means of preventing Competition;

(D) refrain from bidding;

(E) submit prearranged Offers;

(F) submit complementary Offers;

(G) set up territories to restrict Competition;

(H) alternate bidding; or

(I) any other unlawful act in restraint of trade or commerce.

(c) Agency actions to discourage or prevent the continuance of anticompetitive, deceptive, or fraudulent practices may include the following:

(1) rejecting the Vendor's Offer;

(2) awarding a bid to a Vendor with a cost or technical proposal that is evaluated lower than the offending Vendor's proposal; and

(3) recommending that the SPO debar a Vendor from doing business with the State in accordance with Rule .1520 of this Section.

(d) The Purchasing Agency shall report evidence of anticompetitive, deceptive or fraudulent practices to the Attorney General's office and any other appropriate law enforcement authority.

History

• Authority G.S. 143-53; 143-54
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Readopted Eff. October 1, 2019.

01 NCAC 05B .1512 Availability of Services to Certain Non-State Agencies {#sec-01-ncac-05b-.1512 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1512}

(a) The Division of Purchase and Contract shall make purchasing services available to certain non-State agencies as defined by G.S. 143-49 and G.S. 143-49.1. This may be affected by budgetary allowances for personnel, time and related costs.

(b) Where a non-State agency covered by this provision elects to participate in a contract, its resulting contractual duties, obligations and responsibilities shall be the same as those required for agencies. Non-State agencies covered by this provision shall make payments to suppliers in a timely manner and in accordance with the terms of the contracts.

(c) As may be practicable in terms of personnel, time and costs, the Division may offer its services, in addition to purchasing and contracting, to non-State agencies with respect to preparing specifications and contracts for services, inspecting and testing of products, expediting deliveries and advising as to market conditions.

History

• Authority G.S. 143-49(6); 143-49.1; 143-52
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996; July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1513 Cooperative Purchasing {#sec-01-ncac-05b-.1513 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1513}

Where an agency is a participant in an authorized cooperative project with another governmental activity or with a charitable non-profit organization, goods and services necessary to the project shall be acquired according to the rules of this Chapter; provided, however, that if the interest of the State would be better served by one of the following acquisition methods, the SPO may authorize that acquisition method to be used:

(1) by making acquisition on behalf of such governmental activity or charitable non-profit organization; or

(2) by authorizing acquisition on the State's behalf under the provisions of G.S. 143, Article 8; or

(3) by authorizing acquisition on the State's behalf under the provisions of another State or another governmental entity, provided due consideration is given by the SPO to the differences in purchasing rules, regulations and procedures of the contracting entity.

History

• Authority G.S. 143-49; 143-53; 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996; July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1514 Anti-Inflation Compliance Certification {#sec-01-ncac-05b-.1514 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1514}

History

• Status: repealed
• Authority G.S. 143-49; 143-52; 143-53
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .1515 Anti-Inflation Compliance: Tie Bids {#sec-01-ncac-05b-.1515 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1515}

History

• Status: repealed
• Authority G.S. 143-49; 143-52; 143-53
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .1516 Advertising {#sec-01-ncac-05b-.1516 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1516}

No Vendor shall advertise or otherwise use any Contract for marketing purposes. A Vendor may only include the State on a listing of existing customers.

History

• Authority G.S. 143-53; 143-60
• Eff. February 1, 1996
• Readopted Eff. October 1, 2019.

01 NCAC 05B .1517 Goods Requiring Immediate Acceptance {#sec-01-ncac-05b-.1517 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1517}

History

• Status: repealed
• Authority G.S. 143-49; 143-52
• Eff. February 1, 1996
• Repealed Eff. April 1, 1999.

01 NCAC 05B .1518 Board of Award {#sec-01-ncac-05b-.1518 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1518}

History

• Status: expired
• Authority G.S. 143-53; 143-318.18(10)
• Eff. February 1, 1996
• Amended Eff. April 1, 1999
• Expired Eff. August 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 05B .1519 Protest Procedures {#sec-01-ncac-05b-.1519 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1519}

(a) When a Vendor wants to protest a Contract awarded by a Purchasing Agency valued at less than the amount set forth in G.S. 143-53, the Purchasing Agency and Vendor shall comply with the following:

(1) The Vendor shall submit a written request for a protest meeting to the Agency's executive officer or his or her designee within 30 calendar days from the date of the Contract award. The executive officer shall furnish a copy of this letter to the SPO within five calendar days of receipt. The Vendor's request shall contain reasons why it has a concern with the award and any supporting documentation. If the request does not contain this information, or if the executive officer determines that the protest is meritless so that a meeting would serve no purpose, then the executive officer may, within 10 calendar days from the date of receipt of the request, respond in writing to the Vendor and refuse the protest meeting request. A copy of the executive officer's decision letter shall be forwarded to the SPO.

(2) If the protest meeting is granted, the executive officer shall schedule the meeting within 30 calendar days after receipt of the request, unless mutually agreed. Within 10 calendar days from the date of the protest meeting, the executive officer shall respond to the Vendor in writing with the executive officer's decision and appeal rights under Article 3 of G.S. 150B. A copy of the executive officer's decision letter shall be forwarded to the SPO.

(3) The Purchasing Agency shall notify the SPO in writing of any further administrative or judicial review of the Contract award.

(b) When a Vendor wants to protest a Contract awarded by the Secretary valued over the amount set forth in G.S. 143-53, the SPO and Vendor shall comply with the following:

(1) The Vendor shall submit a written request for a protest meeting to the SPO within 30 calendar days from the date of the Contract award. The Vendor's request shall contain reasons why it has a concern with the award and any supporting documentation. If the request does not contain this information, or if the SPO determines that the protest is meritless so that a meeting would serve no purpose, then the SPO may, within 10 calendar days from the date of receipt of the request, respond in writing to the Vendor and refuse the protest meeting request.

(2) If the protest meeting is granted, the SPO shall schedule the meeting within 30 calendar days after receipt of the request, unless mutually agreed. Within 10 calendar days from the date of the protest meeting, the SPO shall respond to the Vendor in writing with the SPO's decision and appeal rights under Article 3 of G.S. 150B.

(3) The SPO shall notify the Secretary of any further administrative or judicial review of the Contract award.

History

• Authority G.S. 143-53
• Eff. February 1, 1996
• Temporary Amendment Eff. February 15, 1998
• Amended Eff. April 1, 1999
• Readopted Eff. October 1, 2019.

01 NCAC 05B .1520 Debarment {#sec-01-ncac-05b-.1520 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1520}

(a) For the purpose of this Rule, "debarred" or "debarment" means a Vendor shall not be entitled to enter into a Contract for Goods or Services and shall be removed from any distribution lists which may be utilized by the Division.

(b) A Vendor shall be debarred pursuant to G.S. 143-59.2 if the Vendor or any officer, director or owner is convicted of any violation under G.S. 78A, the Securities Act of 1933 or the Securities Exchange Act of 1934.

(c) A Vendor may be debarred by the SPO upon a finding of fraud, misrepresentation, or other deceptive acts or practices while doing business with a State agency during an audit by the State Auditor in accordance with G.S. 147-64.6(c)(21) or after an internal audit by an internal auditor in accordance with G.S. 143-746(f). After a finding by the State Auditor or internal auditor, the SPO's determination to debar a Vendor shall be based on the following factors:

(1) the severity of the conduct identified in the findings and any recommended actions by the State Auditor or internal auditor; and

(2) a Vendor's history of performance on one or more contracts.

(d) The SPO shall notify a Vendor of any debarment and appeal rights under Article 3 of G.S. 150B, in writing, which may include Electronic form.

History

• Authority G.S. 143-49; 143-52; 143-53; 143-59.2; 143-60; 147-64.6(c)(21); 143-746
• Eff. February 1, 1996
• Amended Eff. April 1, 1999
• Readopted Eff. December 1, 2019.

01 NCAC 05B .1521 Faithful Performance {#sec-01-ncac-05b-.1521 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1521}

A Solicitation and Contract may include terms ensuring a Vendor's performance such as:

(1) a bond, or similar assurance;

(2) liquidated damages;

(3) a percentage of the Contract value held as a retainage;

(4) withholding final payment contingent on acceptance of the final deliverable; and

(5) any other provision that assures performance of the Vendor.

History

• Authority G.S. 143-52; 143-53
• Eff. February 1, 1996
• Amended Eff. April 1, 1999
• Readopted Eff. October 1, 2019.

01 NCAC 05B .1522 Reciprocal Preference {#sec-01-ncac-05b-.1522 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1522}

(a) Each Solicitation used to obtain contracts for Goods and Services that exceed thresholds mandated in G.S. 143-59(b) shall include space for a bidder to give their principal place of business address if it is different than the address given in the execution section of the Solicitation. This shall not prevent the Purchasing Agency that issued the Solicitation from investigating this information and concluding that the principal place of business is different, as defined by G.S. 143-59(c).

(b) A reciprocal preference shall not be used when Procurements are exempted under G.S. 143-59(d).

History

• Authority G.S. 143-59
• Temporary Adoption Eff. January 14, 2002
• Eff. April 1, 2003
• Readopted Eff. October 1, 2019.

01 NCAC 05B .1523 Procurement Cards {#sec-01-ncac-05b-.1523 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1523}

(a) Procurement cards (organizational charge cards) are for official use only and shall be used in accordance with this Section and with the statewide contract established and maintained by the Division of Purchase and Contract. Use of procurement cards by any agency is contingent on satisfactory compliance review, as determined by the Division of Purchase and Contract. As the State's electronic procurement system is implemented, it shall be used to the fullest extent possible, including issuance of purchase orders. Procurement cards may be used as a payment mechanism within e-procurement if permitted by fiscal policies of the agency.

(b) Procurement card transactions processed through the State's electronic procurement system, utilizing the card as a payment mechanism within electronic workflow and approval processes, may be in any amount consistent with agency fiscal policies.

(c) For procurement card transactions processed outside the State's electronic procurement system, the per-transaction limit shall be two thousand five hundred dollars ($2,500.00). This limit may be changed only under the following circumstances:

(1) In an emergency (as defined by 01 NCAC 05B .1602 or Governor's declaration), the agency card program administrator may request higher limits on cards in critical areas. Such increases shall be in effect no longer than the duration of the emergency. Requests for increased limits are to be made through the Division of Purchase and Contract if time permits and must be reported to Purchase and Contract in any case.

(2) Agencies may apply to the SPO for higher limits on specific types of transactions, with justification required.

(3) The SPO may adjust limits based on analysis of the procurement card program's results, on a statewide or agency basis, after taking into consideration current market trends, the economy, and recommendations received from the State Controller and the State Auditor.

(d) Each participating agency shall designate a procurement card program administrator, who shall be the chief purchasing officer or chief fiscal officer (or person specifically designated by either of these).

(1) All cards requested on behalf of the agency shall be sent to the program administrator (not to individual cardholders) by a traceable delivery method.

(2) Cards shall show the agency name, cardholder, the state seal or agency logo, and indicate they are for official use only.

(e) The card program administrator, in consultation with the agency's chief executive or fiscal officer, shall determine appropriate limits by per-transaction amount (not to exceed the statewide per-transaction limits set in Paragraphs (b) or (c) of this Rule) total per billing cycle, merchant categories, and similar factors. Agencies shall submit a copy of their procurement card policies and procedures to the Division of Purchase and Contract within 90 days after program implementation and thereafter whenever such policies or procedures are updated.

(f) The card program administrator shall determine compliance with agency policy and procedures, including cardholders' acknowledgement prior to issuance of cards, account reconciliation, and security.

(g) Agencies shall comply with procurement card policies prepared and disseminated by oversight fiscal offices (e.g., Office of the State Controller for state departments) governing those agencies under their responsibility.

(h) No other charge cards that obligate payment by the agency or the State shall be used unless an existing contract obligation requires its use, but that obligation shall be discontinued no later than June 30, 2003. Requests for exceptions to this rule shall be submitted in writing to the State Purchasing Officer. Consideration of requests will be based on need, compliance reviews and contract obligations.

History

• Authority G.S. 143-49(8)
• Temporary Adoption Eff. July 1, 2002
• Eff. April 1, 2003
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1601 Exemptions {#sec-01-ncac-05b-.1601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1601}

(a) Except as provided in Paragraph (c) of this Rule, it is not mandatory for the items and services listed in this Rule to be purchased through the Division of Purchase and Contract.

(1) purchase of liquor;

(2) perishable articles such as fresh meats;

(3) published books, manuscripts, subscriptions to printed material, packaged copyrighted software products, and like material;

(4) services provided by individuals by direct employment contracts with the State;

(5) public utility services (gas, water and electricity);

(6) telephone, telegraph and cable services furnished by those companies;

(7) services provided which are subject to published tariff rates as established by the North Carolina Utilities Commission;

(8) services which are merely incidental to the purchase of supplies, materials or equipment such as installation services;

(9) contracts for construction of and structural changes to public buildings;

(10) personal services provided by a professional individual (person) on a temporary or occasional basis, including (by way of illustration, not limitation) those provided by a doctor, dentist, attorney, architect, professional engineer, scientist or performer of the fine arts and similar professions; the exemption applies only if the individual is using his/her professional skills to perform a professional task; a personal service may also be a consulting service;

(11) services provided directly by an agency of the State, federal or local government, or their employees when performing the service as a part of their normal governmental function.

(b) In addition to products and services exempted by statute, the SPO may exempt other products and services from purchase through the Division provided that the SPO makes findings:

(1) that competition will not enhance the price that the State would receive for the product or service; and

(2) that competition will not enhance the quality of the product or service that the State would receive.

(c) Contracts for bakery products and dairy products shall be awarded through the Division of Purchase and Contract, if over the agency's expenditure benchmark.

History

• Authority G.S. 7A-6(b); 143-53; 143-56; 143-62
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996; May 1, 1988; July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1602 Emergencies {#sec-01-ncac-05b-.1602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1602}

(a) An agency may make purchases of commodities, printing or services in the open market in cases of emergency or pressing need. For this purpose, a pressing need is one arising from unforeseen causes including, but not limited to, delay by contractors, delay in transportation, breakdown in machinery, or unanticipated volume of work while emergencies are defined as situations which endanger lives, property or the continuation of a vital program and which can be rectified only by immediate, on-the-spot purchases or rental of commodities, printing or services.

(b) Agencies may negotiate with a potential vendor(s) in an effort to acquire the quality of commodity, service or printing needed at the best possible price, delivery, terms and conditions. A solicitation document requesting or inviting an offer(s) shall be issued, including standard language, terms and conditions issued by the Division of Purchase and Contract, unless circumstances prohibit their use.

(c) When emergency or pressing need action is necessary, and the expenditure is over the agency's benchmark or delegation, prior verbal approval shall be obtained from the Division if time permits. Subsequently, whether or not such prior approval was possible, if the expenditure is over the agency's benchmark or delegation, an explanation of the emergency or pressing need purchase shall be reported in writing to the Division. The Division shall report such purchases of commodities and printing to the Board as a matter of record.

History

• Authority G.S. 143-53; 143-57; 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1603 Special Delegations {#sec-01-ncac-05b-.1603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1603}

(a) The SPO may authorize, by special delegation, any agency to purchase specific commodities, printing or services without limitation as to expenditure. Such delegation is normally confined, but not limited to, commodities, printing or services which by their nature or circumstance, such as perishableness, transportation costs, local conditions or local availability, would result in handling by the Division of Purchase and Contract serving no practical purpose. Every such delegation shall be in writing and made a matter of record.

(b) The SPO may require that offers received under such delegations be sent to the Division for determination of the successful vendor.

(c) The Division shall periodically review its special delegations of purchase to ascertain the availability of these commodities, printing or services and their continued suitability for delegation.

History

• Authority G.S. 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996; July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1604 General Delegations {#sec-01-ncac-05b-.1604 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1604}

History

• Status: repealed
• Authority G.S. 143-53
• Temporary Adoption Eff. February 15, 1998
• Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016
• Repealed Eff. March 1, 2022.

01 NCAC 05B .1605 Compliance Reviews {#sec-01-ncac-05b-.1605 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1605}

(a) The Division of Purchase and Contract shall conduct compliance reviews on purchasing practices at all agencies. The purpose of the compliance review shall be for determining if an agency is complying with North Carolina's purchasing statutes and rules adopted thereunder, and whether it should continue having the same level of delegation, have it reduced, or if it qualifies for an increase. A copy of the compliance report shall be provided to the agency's executive officer, the State Auditor, the State Budget Officer, the local school administrative unit's Board, any of which are applicable.

(b) The Division's staff may enter the premises and obtain an agency's purchasing records for the purpose of the compliance review. The agency shall cooperate with the Division's staff, providing them with requested records, adequate office space for conducting the review, and agency purchasing staff for discussion of purchase transactions. The Division shall not unnecessarily require of the agency any more than is needed to complete the review.

(c) The SPO may lower, or raise if requested, an agency's (excluding the universities) general delegation, if the results of a compliance review by the compliance staff of the Division merit such action as determined by the SPO. The SPO may lower the delegation to any level, including the complete removal of the delegation, depending on the nature of any violations found. The SPO shall report to the University's Board of Governors the results of any compliance review conducted at any of the universities, and shall provide to them the SPO's recommendation, based on those results, on what that university's benchmark should be.

(d) The SPO shall provide to each agency, upon request, the Division's assistance in educational training for the agency's staff, to better acquaint them with the purchasing statutes and rules.

History

• Authority G.S. 143-53
• Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1701 Authorization {#sec-01-ncac-05b-.1701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1701}

History

• Status: repealed
• Authority G.S. 148-70; 143-53(11)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .1702 No Competitive Bidding {#sec-01-ncac-05b-.1702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1702}

History

• Status: repealed
• Authority G.S. 148-70; 143-53(11)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .1703 Purchases in Conflict with State Contracts {#sec-01-ncac-05b-.1703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1703}

History

• Status: repealed
• Authority G.S. 148-70; 143-53(11)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05B .1801 Supervision {#sec-01-ncac-05b-.1801 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1801}

History

• Status: repealed
• Authority G.S. 143-49(4); 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1987.

01 NCAC 05B .1802 Personal Property Inventory Plan {#sec-01-ncac-05b-.1802 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1802}

History

• Status: repealed
• Authority G.S. 143-49(4); 143-60
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1987.

01 NCAC 05B .1803 Supervision {#sec-01-ncac-05b-.1803 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1803}

The Division of Purchase and Contract has responsibility for general supervision of storerooms and stores operated by state government, for supervision of inventories of tangible personal property belonging to state government and for reports by them of stocks on hand.

History

• Authority G.S. 143-49(4); 143-60
• Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1804 Personal Property Inventory Plan {#sec-01-ncac-05b-.1804 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1804}

State agencies with centralized warehouse facilities, shall have inventory control procedures in place which insure at a minimum, written inventory count of contents, written records of receipts and issues, economical ordering and efficient level of inventories, safe storage of hazardous materials, and security.

History

• Authority G.S. 143-49(4); 143-60
• Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1901 Record Maintenance {#sec-01-ncac-05b-.1901 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1901}

Except where State law provides to the contrary, after the award of a contract, the purchasing records of an agency are public documents, and these documents shall be maintained for a period of five years after the expiration date of the contract.

History

• Authority G.S. 143-53; 143B-10(f)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1902 Requisitions {#sec-01-ncac-05b-.1902 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1902}

History

• Status: repealed
• Authority G.S. 143B-10(f)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1987.

01 NCAC 05B .1903 Files {#sec-01-ncac-05b-.1903 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1903}

(a) Each contract file shall be identified individually so it can be readily located and referenced.

(b) All purchase transactions shall be documented. As applicable, each file shall include:

(1) Original offers if in writing, or written documentation of verbal offers received;

(2) Reasons for award or cancellation;

(3) Worksheets/evaluations;

(4) Mailing list, if used;

(5) Written justification for waiver or emergency purchase:

(6) Tabulation of offers received;

(7) Copy of purchase order(s);

(8) Related correspondence;

(9) Reason(s) for receiving only one offer in response to a solicitation;

(10) Negotiated contracts; and

(11) Reasons for not accepting technical proposals.

(c) After award of contract all material in the file, except confidential information, shall be open to interested persons during normal office hours, may be hand copied, or copies shall be furnished in accordance with the Public Records Act.

History

• Authority G.S. 143-53; 143B-10(f)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. April 1, 1999; February 1, 1996; July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05B .1904 Requests for Quotations {#sec-01-ncac-05b-.1904 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1904}

History

• Status: repealed
• Authority G.S. 143B-10(f)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1987.

01 NCAC 05B .1905 General Correspondence {#sec-01-ncac-05b-.1905 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1905}

History

• Status: repealed
• Authority G.S. 143B-10(f)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1987.

01 NCAC 05B .1906 Applications for Addition to Mailing List {#sec-01-ncac-05b-.1906 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1906}

History

• Status: repealed
• Authority G.S. 143B-10(f)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Temporary Repeal Eff. February 15, 1998 (1 NCAC 5B .1906)
• Repealed Eff. April 1, 1999.

01 NCAC 05B .1907 Term Contracts {#sec-01-ncac-05b-.1907 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1907}

History

• Status: repealed
• Authority G.S. 143B-10(f)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Temporary Repeal Eff. February 15, 1998 (1 NCAC 5B .1906)
• Repealed Eff. April 1, 1999.

01 NCAC 05B .1908 Purchase Orders {#sec-01-ncac-05b-.1908 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1908}

History

• Status: repealed
• Authority G.S. 143B-10(f)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1987.

01 NCAC 05B .1909 Canvassing Bid Files {#sec-01-ncac-05b-.1909 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .1909}

History

• Status: repealed
• Authority G.S. 143B-10(f)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Repealed Eff. April 1, 1999.

01 NCAC 05B .2001 Application for Bidder's Mailing List: Form Pc-43 {#sec-01-ncac-05b-.2001 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2001}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2002 Application for Bidder's Mailing List Action: Form Pc-44 {#sec-01-ncac-05b-.2002 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2002}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2003 Requisition Form: Pc-29 {#sec-01-ncac-05b-.2003 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2003}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2004 Invitation for Bids Form: Pc-3 {#sec-01-ncac-05b-.2004 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2004}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2005 Invitation for Bids: Coal Delivered in Bins: Form Pc-14 {#sec-01-ncac-05b-.2005 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2005}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2006 Request for Quotation: Form Pc-9 {#sec-01-ncac-05b-.2006 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2006}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2007 Purchase Order: Form Pc-10 {#sec-01-ncac-05b-.2007 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2007}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2008 Purchase Order for Coal: Form Pc-124 {#sec-01-ncac-05b-.2008 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2008}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2009 General Contract Terms and Conditions Tc-1: Form Pc-16 {#sec-01-ncac-05b-.2009 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2009}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2010 General Contract Terms and Conditions R-1: Form Pc-17 {#sec-01-ncac-05b-.2010 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2010}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2011 Contract Certification: Form Pc-31 {#sec-01-ncac-05b-.2011 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2011}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2012 Term Contract Certification: Form Da-Pc-15 {#sec-01-ncac-05b-.2012 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2012}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2013 Complaint to Vendor: Form Pc-104 {#sec-01-ncac-05b-.2013 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2013}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05B .2014 Change Order: Form Pc-36 {#sec-01-ncac-05b-.2014 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05B .2014}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Subchapter D

01 NCAC 05D .0101 Applicability {#sec-01-ncac-05d-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0101}

The Rules in this Section and Section .0200 are applicable to all agencies except local school administrative units and Community Colleges.

The Rules in this Section and Section .0200 do not apply to contracts for attorneys employed by the North Carolina Department of Justice or by other agencies of state government pursuant to the provisions of G.S.147-17, to contracts for physicians or doctors providing direct medical care for the clientele of any state agency, to contracts entered into by the General Assembly or its special study commissions, to contracts entered into by the Institute of Government to provide or obtain consulting or advisory services, to contracts to provide services without compensation to the provider of the services or to his employing agency or to contracts entered into by a state agency pursuant to specific statutory authority which provides, in the opinion of the Governor or designee, a specific alternative procedure for the selection and award of such contracts.

History

• Authority G.S. 143-64.24; 147-17
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05D .0102 Definition {#sec-01-ncac-05d-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0102}

Consultant services shall mean work or task(s) performed by State employees or independent contractors possessing specialized knowledge, experience, expertise and professional qualifications to investigate assigned problems or projects and to provide counsel, review, analysis or advice in formulating or implementing improvements in programs or services. This includes but is not limited to the organization, planning, directing, control, evaluation and operation of a program, agency or department.

History

• Authority G.S. 143-64.21
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05D .0201 General Statement of Policy {#sec-01-ncac-05d-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0201}

State agencies shall acquire consultive services only when the contract is in the best interests of the State. In acquiring such services, competition shall be sought whenever practicable as determined by the Division of Purchase and Contract. No agency which is subject to the provisions of this Subchapter may contract for services of a consultant nature except in accordance with the provisions of this Subchapter.

History

• Authority G.S. 143-64.21
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05D .0202 Consulting Contracts with Other Agencies {#sec-01-ncac-05d-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0202}

Whenever possible consultant services shall be obtained from other agencies when the services available from other agencies substantially meet the reasonable specifications of the requesting agency.

History

• Authority G.S. 143-64.22
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05D .0203 Requests for Authority to Contract with Consultants {#sec-01-ncac-05d-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0203}

Before receiving authorization to seek consultant services, an agency shall submit to the Division of Purchase and Contract written justification for its request for consultant services. This written justification shall at a minimum explain what services the agency desires to secure, why the work to be performed by the consultant cannot be reasonably accomplished by employees of the requesting agency, how the work to be performed relates to the proper functions of the agency, what benefits the agency expects to receive from the consultant's services, what the agency estimates to be the cost of the services sought, and what potential sources of consultant services if any the agency has identified. If the agency is requesting authority to contract for consulting services outside of State government, it shall also detail what potential sources of those services exist within State government and explain why the desired services were not available from those sources. The written justification shall be accompanied by a letter of endorsement for the proposed contract(s) from the agency head or his designee.

History

• Authority G.S. 143-64.21; 143-64.22
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05D .0204 Review of Agency Requests {#sec-01-ncac-05d-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0204}

The documents submitted by agencies requesting authority to retain consultants will be reviewed by the Division of Purchase and Contract. Upon completion of this review the requesting agency will be advised, subject to such conditions as may be prescribed by the Governor or designee, to:

(1) canvass additional sources within state government; or

(2) solicit proposals from private contractors; or

(3) execute a negotiated contract(s) without competitive proposals if the Division of Purchase and Contract and the Governor have determined that performance or price competition is not available or that the requirement is for an authorized cooperative project with another governmental unit(s) or a public or private nonprofit organization(s) or that the contract price is too small to justify soliciting competitive proposals; or

(4) abandon the project for being outside the scope of the agency's responsibilities or for having insufficient benefit to the State relative to the potential expenditure of funds.

History

• Authority G.S. 143-64.20 to 64.22
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996; July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05D .0205 Competitive Proposals {#sec-01-ncac-05d-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0205}

(a) An agency which receives approval to solicit proposals for consultant services shall:

(1) Prepare a request for proposals in accordance with these Rules and disseminate among prospective service providers;

(2) Circulate the request for proposals to such sources of consultant services as may be identified by the Division of Purchase and Contract as well as all sources identified by the requesting agency;

(3) Publicly open all proposals received at a date and time set in the request for proposals; however, in a two-step evaluation process, only the technical proposal shall be opened on the opening date. The cost proposal is opened only if the technical proposal is determined by the State to be acceptable;

(4) Upon receipt of proposals submit a copy of each proposal received to the Division of Purchase and Contract;

(5) Review all proposals received on the basis of evaluation criteria significantly related to the function to be performed and equally applied to all proposals received;

(6) Submit a memorandum to the Division of Purchase and Contract citing criteria for selection and recommending contract award.

(b) The Division of Purchase and Contract shall evaluate all proposals received in accordance with the requirements of the request for proposals and shall consider the recommendations of the requesting agency. Upon completion of the Division's analysis, the Division shall forward a recommendation to the Governor. The requesting agency shall be notified in writing by the Governor or designee that all proposals have been rejected or that the agency head is authorized to execute a contract(s) with an approved service provider(s).

History

• Authority G.S. 143-64.20 through 64.23
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05D .0206 Negotiated Consultant Contracts {#sec-01-ncac-05d-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0206}

An agency which receives authorization to enter into a negotiated contract(s) for consultant services without soliciting competitive proposals shall submit the proposed contract(s) to the Division of Purchase and Contract for review and approval prior to execution. Upon completion of this review the requesting agency shall be notified in writing by the Governor or his designee that an approved contract(s) may be executed by the agency head.

History

• Authority G.S. 143-64.20 through 64.23
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05D .0207 Consultant Contract Modification {#sec-01-ncac-05d-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0207}

Any modification to an approved contract(s) shall be subject to the same approval requirements as the original contract(s). The Governor or his designee may at his option, during the process of reviewing requests for contract modifications, waive any of the provisions of .0203 of this Section.

History

• Authority G.S. 143, Article 3C
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. July 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05D .0208 Format {#sec-01-ncac-05d-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0208}

All contracts for consultant services shall be in writing and in a format approved by the Division of Purchase and Contract. Contracts must be executed by the department head in the case of the executive departments of state government, by the chief executive officer of independent boards and agencies, by the President of the University of North Carolina for contracts to which the university or any of its constituent institutions is to be a party, or by agents of above named officials who have been specifically designated by those officials and whose names and positions have been filed with the Division of Purchase and Contract and whose designation has been approved by the Division of Purchase and Contract and the Governor or his designee.

History

• Authority G.S. 143, Article 3C
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

01 NCAC 05D .0209 Relationship of Consultant to State {#sec-01-ncac-05d-.0209 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0209}

History

• Status: repealed
• Authority G.S. 143-64.21
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1996
• Repealed Eff. October 1, 2019.

01 NCAC 05D .0210 Consultant Contracts Contrary to This Section {#sec-01-ncac-05d-.0210 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0210}

History

• Status: repealed
• Authority G.S. 143-64.23; 143-1; 143-32
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0301 Applicability {#sec-01-ncac-05d-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0301}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0302 Exemptions {#sec-01-ncac-05d-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0302}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0303 Definitions {#sec-01-ncac-05d-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0303}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0401 General Policy Statement {#sec-01-ncac-05d-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0401}

History

• Status: repealed
• Authority G.S. 143-49; 143-53; 143-58
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. July 1, 1987
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0402 Justification {#sec-01-ncac-05d-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0402}

History

• Status: repealed
• Authority G.S. 143-49; 143-53; 143-58
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. July 1, 1987
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0403 Task Description {#sec-01-ncac-05d-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0403}

History

• Status: repealed
• Authority G.S. 143-49; 143-53; 143-58
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. July 1, 1987
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0501 General Requirements {#sec-01-ncac-05d-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0501}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; July 1, 1987; January 1, 1985
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0502 Services Costing Up to $500.00 {#sec-01-ncac-05d-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0502}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; July 1, 1987; January 1, 1985
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0503 Services Costing Over $500.00, But Under $5,000 {#sec-01-ncac-05d-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0503}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; July 1, 1987; January 1, 1985
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0504 Services Costing Over $5,000 {#sec-01-ncac-05d-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0504}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; July 1, 1987; January 1, 1985
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0505 Single Source Services {#sec-01-ncac-05d-.0505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0505}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; July 1, 1987; January 1, 1985
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0506 Rental Agreements {#sec-01-ncac-05d-.0506 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0506}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; July 1, 1987; January 1, 1985
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0507 Grouping of Service Purchases {#sec-01-ncac-05d-.0507 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0507}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; July 1, 1987; January 1, 1985
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0508 General Contracting Requirements {#sec-01-ncac-05d-.0508 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0508}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; July 1, 1987; January 1, 1985
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0509 Request for Proposals {#sec-01-ncac-05d-.0509 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0509}

History

• Status: repealed
• Authority G.S. 143-49; 143-53
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; July 1, 1987; January 1, 1985
• Repealed Eff. February 1, 1996.

01 NCAC 05D .0601 Form Pc-288: Consultant Services Referral Sheet {#sec-01-ncac-05d-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0601}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05D .0602 Form Pc-289: Consultant Services Approval Form {#sec-01-ncac-05d-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0602}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 05D .0603 Form Pc-290: Application for Bidder's Mailing List {#sec-01-ncac-05d-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 05D .0603}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Chapter 06 State Property and Construction

Subchapter A

01 NCAC 06A .0101 Division Head {#sec-01-ncac-06a-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06A .0101}

History

• Status: repealed
• Authority G.S. 143B-370
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06A .0102 Location and Hours of Operation {#sec-01-ncac-06a-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06A .0102}

History

• Status: repealed
• Authority G.S. 143B-370
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06A .0103 Division Organization {#sec-01-ncac-06a-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06A .0103}

History

• Status: repealed
• Authority G.S. 143B-370
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 06A .0104 Scope of Regulations {#sec-01-ncac-06a-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06A .0104}

History

• Status: repealed
• Authority G.S. 143B-370
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06A .0105 Section Regulations {#sec-01-ncac-06a-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06A .0105}

History

• Status: expired
• Authority G.S. 143B-368; 143B-370; 143-135.25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1991
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06A .0106 State Building Commission {#sec-01-ncac-06a-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06A .0106}

History

• Status: expired
• Authority G.S. 143B-368; 143B-370; 143-135.25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. February 1, 1991
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06A .0201 Furnished Without Cost {#sec-01-ncac-06a-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06A .0201}

History

• Status: repealed
• Authority G.S. 143B-370
• Eff. February 1, 1976
• Readopted February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06A .0202 Other Documentary Forms {#sec-01-ncac-06a-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06A .0202}

History

• Status: repealed
• Authority G.S. 143B-370
• Eff. February 1, 1976
• Readopted February 27, 1979
• Repealed Eff. June 1, 1986.

Subchapter B

01 NCAC 06B .0101 Purpose: Policy and Responsibility {#sec-01-ncac-06b-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0101}

The Division of State Property is the administering agency in state government for the acquisition and disposition of all state owned land or any interest therein by deed, lease, easement, or allocation. It is responsible for the administering of allocation and reallocation of land, building or space in buildings by and between agencies, institutions or departments of the state. It provides relocation assistance to persons displaced by state projects to insure that individuals do not suffer disproportionate injuries due to construction of public projects.

History

• Authority G.S. 143-341(4); 146
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0102 Organization {#sec-01-ncac-06b-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0102}

History

• Status: repealed
• Authority G.S. 143-341; 143-341(4); 143-341(4)f., g.; 143-342.1; 143B-10
• 143B-10(j); 146; 150B, Article 3; 150B-11(1); 150B-16; 150B-17; 1 NCAC 1B
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0103 Location {#sec-01-ncac-06b-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0103}

History

• Status: repealed
• Authority G.S. 143-341; 143-341(4); 143-341(4)f., g.; 143-342.1; 143B-10
• 143B-10(j); 146; 150B, Article 3; 150B-11(1); 150B-16; 150B-17; 1 NCAC 1B
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0104 Hours of Operation {#sec-01-ncac-06b-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0104}

History

• Status: repealed
• Authority G.S. 143-341; 143-341(4); 143-341(4)f., g.; 143-342.1; 143B-10
• 143B-10(j); 146; 150B, Article 3; 150B-11(1); 150B-16; 150B-17; 1 NCAC 1B
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0105 Rule-Making {#sec-01-ncac-06b-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0105}

History

• Status: repealed
• Authority G.S. 143-341; 143-341(4); 143-341(4)f., g.; 143-342.1; 143B-10
• 143B-10(j); 146; 150B, Article 3; 150B-11(1); 150B-16; 150B-17; 1 NCAC 1B
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0106 Contested Cases {#sec-01-ncac-06b-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0106}

History

• Status: repealed
• Authority G.S. 143-341; 143-341(4); 143-341(4)f., g.; 143-342.1; 143B-10
• 143B-10(j); 146; 150B, Article 3; 150B-11(1); 150B-16; 150B-17; 1 NCAC 1B
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0107 Declaratory Ruling {#sec-01-ncac-06b-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0107}

History

• Status: repealed
• Authority G.S. 143-341; 143-341(4); 143-341(4)f., g.; 143-342.1; 143B-10
• 143B-10(j); 146; 150B, Article 3; 150B-11(1); 150B-16; 150B-17; 1 NCAC 1B
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0108 Description of Forms {#sec-01-ncac-06b-.0108 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0108}

History

• Status: repealed
• Authority G.S. 143-341; 143-341(4); 143-341(4)f., g.; 143-342.1; 143B-10
• 143B-10(j); 146; 150B, Article 3; 150B-11(1); 150B-16; 150B-17; 1 NCAC 1B
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0109 Department of Administration Rules {#sec-01-ncac-06b-.0109 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0109}

History

• Status: repealed
• Authority G.S. 143-341; 143-341(4); 143-341(4)f., g.; 143-342.1; 143B-10
• 143B-10(j); 146; 150B, Article 3; 150B-11(1); 150B-16; 150B-17; 1 NCAC 1B
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0110 Space Occupied {#sec-01-ncac-06b-.0110 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0110}

History

• Status: repealed
• Authority G.S. 143-341; 143-341(4); 143-341(4)f., g.; 143-342.1; 143B-10
• 143B-10(j); 146; 150B, Article 3; 150B-11(1); 150B-16; 150B-17; 1 NCAC 1B
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0201 Funding {#sec-01-ncac-06b-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0201}

History

• Status: repealed
• Authority G.S. 143-16; 143-341
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0202 General {#sec-01-ncac-06b-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0202}

History

• Status: expired
• Authority G.S. 146-23; 146-25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0203 By Deed {#sec-01-ncac-06b-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0203}

(a) A PO-1, "Acquisition of Real Property," must be sent to the Division of State Property by the agency desiring to acquire property.

(b) Contact is made with property owner, either by registered letter, telephone call or personal visit requesting permission to appraise property with no obligation on owner's part. This letter also informs the owner of the state's intent to purchase the property.

(c) If permission is received from owner, an appraisal is secured in accordance with Section .0900 of this Subchapter:

(1) A real property agent and relocation agent from the Division of State Property then contacts the owner.

(2) An offer to purchase is made based on the just compensation value determined by the Director of the Division of State Property.

If the property owner agrees to sell, an Option Agreement is secured with the approval of the Governor and Council of State.

(d) An item is then prepared in the Division of State Property for presentation to the Council of State:

(1) In preparation, a PO-3, "Report on Findings of the Department of Administration," is prepared and submitted for the State Budget Officer's approval.

(2) Each file is documented with sufficient details to explain the acquisition procedure.

(3) A title opinion is requested from the Attorney General assigned to the Department of Administration.

(e) An agenda covering property matters to be presented to the Council of State is typed, printed, and distributed by hand before the Council of State meeting with copies to:

(1) Council of State members,

(2) Secretary of Department of Administration.

(f) After Council of State meeting is held:

(1) Notifications of Council of State actions are made to each agency and individual property owner involved.

(2) The transactions approved are forwarded to the Attorney General's Office with instruction for completion. All legal transactions in connection with an acquisition are handled through the Attorney General's Office. All legal documents are prepared in that office.

(3) The PO-3 is forwarded to the Governor's Office for signature by the Secretary for the Council of State and returned to the Division of State Property for filing.

(g) After title opinion is received by the Attorney General, a report of the findings is given to the Division of State Property. If approval is given, checks are requested for purchase price of the property.

(h) When the checks are received, the deed and closing instructions are sent out by the Attorney General.

(i) After the deed is delivered and recorded:

(1) A check from the owner for his pro rata share of the ad valorem tax is transmitted for deposit until a tax statement is received. At that time, the Division of State Property requests a check for the full amount of tax due. The state pays ad valorem taxes on property for the year in which purchased.

(2) The original deed is filed in the Secretary of State's Office.

(3) A copy of the deed is sent to the affected agency, along with any special information concerning vacancy of improvements or management of property.

(4) A copy of the deed, appraisal and any other pertinent information is placed in the permanent files of the Division of State Property.

(5) A letter is written to the tax office in affected county, requesting a change in the ownership records.

(6) The insurance department is notified of the value of buildings involved if the building is not to be demolished.

(7) Land inventory data is prepared and entered into the computer.

History

• Authority G.S. 143-341(4); 146-22; 146-22.1; 146-23
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0204 By Condemnation {#sec-01-ncac-06b-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0204}

History

• Status: expired
• Authority G.S. 143-341(4)d.; 146, Article 6; 146-25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0205 By Lease: General {#sec-01-ncac-06b-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0205}

History

• Status: expired
• Authority G.S. 143-341(4)d.; 146, Article 6; 146-25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0206 Lease Not Exceeding $5,000: Term Not Exceeding Three Years {#sec-01-ncac-06b-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0206}

History

• Status: expired
• Authority G.S. 143-341(4)d.,h.
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. June 1, 1987
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0207 Lease Not Exceeding $12,000/Term Three Years {#sec-01-ncac-06b-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0207}

If the annual rental does not exceed twelve thousand dollars ($12,000) and the term does not exceed three years, the steps listed are followed:

(1) Agency forward PO-1 (Acquisition of Real Property), PO-28 (Proposal to Lease to State), floor plan, and other available pertinent information to the Division of State Property;

(2) Upon receiving the proper request, the Division of State Property will proceed to investigate the space needs and rental terms;

(3) Upon completion of the investigation, the Division of State Property will either approve or reject the proposal;

(4) If approved the proposal will be referred to:

(a) the State Budget Office for verification of funding;

(b) the Attorney General's Office for preparation of the lease agreement;

(c) the Secretary of Administration or designee for signature.

The Division of State Property may delegate authority to certain agencies as it deems warranted to enter into leases without prior approval of the Secretary of Administration. Upon granting such authority in writing, the Property Office will include a list of rules that must be followed by the agency when handling such transactions.

History

• Authority G.S. 143-341(4)d,f,h,; Council of State Resolution September 1, 1981
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. June 1, 1987; October 1, 1982
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0208 Lease More Than $12,000 or More Than Three Years {#sec-01-ncac-06b-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0208}

For space needs where the annual rental exceeds twelve thousand dollars ($12,000) or the term exceeds three years, Form PO-26 provides the basic steps to follow in the leasing procedures required by G.S. 146-25.1. Additional guidance is provided below:

(1) Specifications. The agency prepares a Form PO-27. This serves as a guideline for supplying information which a prospective lessor needs to make a lease proposal.

(2) Advertising. Newspaper ads will be prepared by the Division of State Property and will be forwarded to the agency for submission to a newspaper of general circulation in the "Legal Notices" section or other appropriate section. The ad must run for at least five consecutive days and give a specific cut-off date for receiving proposals. The cut-off date must be at least seven days after the last day the ad is run.

(3) Proposals. All proposals should be submitted on Form PO-28 which includes the basic information that is necessary to evaluate and compare each proposal received. All proposals must be submitted directly to the Division of State Property prior to the time of cut-off.

(4) Space Selection. After the location of desired space has been selected by the Division of State Property and reviewed by the agency, a Form PO-1 must be submitted by the agency to the Division of State Property requesting acquisition of the space. If the low proposal is not selected, a statement of justification must be submitted also. If in order, the Division of State Property will present the matter to the Council of State for consideration. Space selections will be made in keeping with G.S. 146-23.1 regarding the acquisition by the state of buildings and space in buildings having historic, architectural or cultural significance.

History

• Authority G.S. 146-25.1
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. June 1, 1987
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0209 Semiannual Reporting of Leases {#sec-01-ncac-06b-.0209 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0209}

History

• Status: repealed
• Authority G.S. 143-341(4)h.
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979.
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0210 By Easement {#sec-01-ncac-06b-.0210 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0210}

The procedures for acquisition by deed are generally followed: (North Carolina Administrative Code 6B .0203)

(1) If easement area is given to the state, an appraisal would not be necessary; therefore, steps concerning securing an appraisal and requests for checks would be unnecessary.

(2) Title opinion is not requested if easement area is so nominal that a title opinion is considered unnecessary.

(3) North Carolina Administrative Code 6B .0203(9) is to be followed, inserting the words "easement agreement" in place of "deed."

History

• Authority G.S. 146, Subchapter I, Article 2; 143-341(4)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0211 By Gift {#sec-01-ncac-06b-.0211 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0211}

History

• Status: expired
• Authority 143-18.1; 143-34.2; 143-341; 146-26; 146-64(3)
• Eff. February 27, 1979
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0212 Annual Lease More Than $150,000 {#sec-01-ncac-06b-.0212 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0212}

For space needs where the annual rental exceeds one hundred fifty thousand dollars ($150,000), Form PO-26 provides the basic steps to follow in the leasing procedures required by G.S. 146-25.1. Additional guidance is provided in this Rule:

(1) Specifications. The requesting agency prepares a Form PO-27. This serves as a guideline for supplying the information which a prospective lessor needs to complete a lease proposal.

(2) Advertising. Newspaper ads will be prepared by the Division of State Property and will be forwarded to the agency for submission to a newspaper of general circulation in the "Legal Notices" or other appropriate section of the newspaper. The ad must run for at least five consecutive days and give a specific cut off date for receiving proposals. The published cut off date must be at least seven days after the last day the ad is run.

(3) Proposals. All proposals must be submitted on Form PO-28 which includes the basic information that is necessary to evaluate and compare each proposal received. All proposals must be submitted directly to the Division of State Property prior to the published cut off period.

(4) Space Selection. All proposals will be reviewed by the Division of State Property and the requesting agency. A set of proposals will be selected, based on the General Statutes and the rules contained in this Chapter, for further review and consideration.

(a) The submittors of proposals selected for further review shall be notified in writing by the Division of State Property. The notice of selection for further review will include the date, time, and location at which a Proposers' Meeting will be conducted.

(b) At this meeting, the selected proposers will be given the opportunity to submit a final low price proposal. Price proposals may be submitted via the U.S. Mail, telegraph, telefax or other commonly acceptable medium of communication in lieu of the proposer or his agent being physically present at the meeting. In the event that identical price proposals are submitted by two or more proposers, the proposers or their agents present at the meeting will be granted another opportunity to submit a lower price proposal. This process will continue until a lowest price proposal is received by the Division of State Property. When the lowest price proposal is received no further price negotiations will be conducted by the Division of State Property.

(c) After reviewing all the relevant data, a determination for desired space will be made by the Division of State Property; this decision will be reviewed by the requesting agency. A Form PO-1 must be submitted by the agency to the Division of State Property requesting acquisition of the space.

(d) The Division of State Property will present its recommended proposal to the Council of State for its review and consideration. If the low price proposal is not selected, a statement of justification will be submitted to the Council of State.

(e) Should the selected proposal be withdrawn or for any other reason not be available, all submitted proposals will be reconsidered and if none are acceptable, the Division of State Property will proceed to obtain suitable space in the manner provided by the General Statutes and the rules contained in this Chapter.

(f) Space selections will be made in keeping with G.S. 146-23.1 regarding the acquisition of buildings and space in buildings having historic, architectural or cultural significance.

(5) Exception. If adherence to the procedure in this Rule was not feasible in a particular situation, the Division of State Property will notify the Council of State of the deviation at the time the lease is presented for Council of State consideration.

History

• Authority G.S. 143-341(4)(d); 146-25
• Eff. March 1, 1991
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0301 Funding and State Land Fund {#sec-01-ncac-06b-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0301}

History

• Status: repealed
• Authority 143-341(4)e.,f.; 146-1; 146-27; 146-28; 146-30; 146-71; 146-73
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0302 General {#sec-01-ncac-06b-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0302}

History

• Status: repealed
• Authority 143-341(4)e.,f.; 146-1; 146-27; 146-28; 146-30; 146-71; 146-73
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0303 By Deed {#sec-01-ncac-06b-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0303}

By Deed

(1) A PO-2, "Disposition of Real Property," must be sent to the Division of State Property.

(2) An estimate of value is determined as in Section .0900 of this Subchapter. This figure, plus expenses of the sale, will be the initial asking price for the property.

(3) Sale may be by bid or by negotiation. Properties may be sold without advertisement and bidding if negotiations with prospective purchaser are deemed in best interest of the state. Property is not normally sold for less than the estimate of value plus any expense incurred. In disposals of state-owned residential facilities, residents may be allowed first refusal at the appraised value plus cost of appraisal before sale to the general public.

(4) If advertising is deemed appropriate, an advertisement is prepared and forwarded to local newspapers giving pertinent information for sale, minimum bid acceptable, and deadline for submitting bids. Usually, "For Sale" signs are posted on the property. Sale of land by bid is accomplished in accordance with 1 NCAC 6B .0304.

(5) Realtors may sell state-owned property if deemed in the best interest of the state. The fee is negotiable but usually is one-half the current rate. All offers, on behalf of the realtor's clients, are presented to the Division of State Property for consideration.

(6) An item is prepared in the Division of State Property for Council of State presentation once an offer to purchase or high bid is received. PO-4, "Report on Findings of the Department of Administration," is prepared and submitted to the State Budget Officer for approval. Each file is documented with details of the disposition.

(7) After the Council of State meeting is held, notification of Council of State action is made to each department or individual involved. With approval of the Governor and Council of State, the transactions are forwarded to the Attorney General's Office with instructions for completion. All legal transactions in connection with a disposition are handled through the Attorney General's Office and all legal documents are prepared in that office. Copy of PO-4 is signed by Secretary for Council of State and returned to Division of State Property for filing.

(8) After deed is delivered, all papers are returned from the Attorney General's Office to Division of State Property with check for the purchase price of the property. The check is sent to the controller, requesting deposit of percentage to the State Land Fund and deposit of net proceeds to the State Treasurer, unless otherwise governed by statute. A copy of the deed is forwarded to the affected agency.

(9) Land inventory data is prepared for computer record.

History

• Authority G.S. 143-341(4); 146-71; 146-15; 146-3 to 146-14; 146-27 to 146-30
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0304 Procedure for Sale of State Land {#sec-01-ncac-06b-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0304}

The following procedure is used when surplus state-owned property is offered for sale by bid:

(1) All state land will be advertised for sale unless waived by the Council of State. An advertisement is placed in a newspaper of general circulation, allowing 15 days for interested parties to bid. All bids must be forwarded to the Director, Division of State Property, Room 401 Administration Building, 116 West Jones Street, Raleigh, North Carolina 27611 and must be accompanied by a certified or cashier's check for no less than five percent of the bid, payable to the "State of North Carolina."

(2) After initial bids have been received, all interested parties will be notified of the high bid in order that they may have an opportunity to raise same. If not raised within 10 days, the Director of the Division of State Property will determine if the high bid should be accepted. All raises must be received within the 10 day period.

(3) The bid may be raised by an amount of not less than five percent of the circulated high bid. Such a bid, together with a certified or cashier's check of not less than five percent of the bid, should be forwarded to the Director of the Division of State Property. A raise of exactly five percent may result in duplicate bids, thus a bid in excess of five percent is safer. If the bid is raised, the matter will be held open an additional 10 days for further raises. This procedure will continue until there are no further raises.

(4) The Director of the Division of State Property reserves the right to reject any and all bids. In the case of identical bids, the director will determine which bid shall be recommended for acceptance. Any bid which is for less than the advertised minimum bid figure, not accompanied by a certified or cashier's check, or does not reach the Division of State Property by the prescribed time, will automatically be rejected.

(5) All sales of state lands are subject to the approval of the Council of State, which, at its sole discretion, may reject or accept any bids or offers.

(6) The State of North Carolina conveys land by deed without warranty or by quitclaim deed. A description of the property is available at the Division of State Property. All deeds, after approval by the Council of State, will be executed in the manner prescribed by Chapter 146 of the General Statutes of North Carolina.

(7) The State of North Carolina makes no representations or warranties concerning the title to the property, or the boundaries of the property, or the uses to which it may be put. Any prospective buyer is advised to make his own independent investigation of these matters.

(8) All properties are sold for cash upon delivery of the deed. Once a high bid has been accepted, the five percent deposit will be held as an earnest money deposit. If the bidder subsequently fails, refuses or is unable to close the transaction at time of delivery of the deed, the state may retain the earnest money deposit as liquidated damages.

History

• Authority G.S. 143-341(4); 146-27; 146-28; 146-29
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0305 By Easement {#sec-01-ncac-06b-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0305}

By Easement

(1) A PO-2, "Disposition of Real Property," must be sent to Division of State Property.

(2) Contact is made with applicant for easement to determine feasibility and if the easement is in the best interest of the state.

(3) If determined necessary by Division of State Property, an appraisal is secured. The appraisals may be provided by applicant subject to Division of State Property review and approval. Cost of the easement will be determined in accordance with Section .0900 of this Subchapter.

(4) In some cases easements are granted without consideration if the easement does not damage the property. Damages are determined by the Director, Division of State Property, in accordance with Section .0900 of this Subchapter.

(5) If price is acceptable to applicant, Division of State Property may recommend disposition to Council of State.

(6) An item is prepared in Division of State Property for Council of State presentation. In preparation, PO-4, "Report on Findings of the Department of Administration," is prepared and submitted for State Budget Officer's approval.

(7) This Rule does not apply to easements covered in Section .0500 of this Subchapter.

History

• Authority G.S. 143-341(4)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0306 By Lease {#sec-01-ncac-06b-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0306}

Any State agency desiring to dispose of real property by lease will first contact the Division of State Property to ascertain there is no state need. If it is determined that there is no state need, the agency may then dispose of such real property in keeping with the procedures noted in this Rule:

(1) Where the annual rental does not exceed five thousand dollars ($5,000) or the term is not in excess of three years, disposition will be handled as follows:

(a) When any agency desires to dispose of real property by lease, it shall file with the Department of Administration Form PO-2 setting forth the facts relating to the proposed transaction.

(b) Upon receipt of the prescribed application, the Division of State Property shall investigate all aspects of the proposed transaction.

(c) If after investigation it is found by the Department of Administration that it is in the best interest of the state that the real property be disposed of by lease, proceedings for such disposition will then begin.

(d) After the terms of said disposition have been agreed upon, the matter will be referred to:

(i) The Office of the Attorney General for preparation of the lease;

(ii) Secretary of Administration or designee for signature.

(2) Where the annual rental is more than twelve thousand dollars ($12,000) or the term is in excess of three years, disposition will be handled as follows:

(a) When any agency desires to dispose of real property by lease, it shall file with the Department of Administration Form PO-2 setting forth the facts relating to the proposed transaction.

(b) Upon receipt of the prescribed application, the Department of Administration shall proceed to investigate all aspects of the proposed transaction.

(c) If after investigation it is found by the Department of Administration that it is in the best interest of the state that the real property be disposed of by lease, proceedings for such disposition will then begin.

(d) After the terms of said disposition have been agreed upon, the matter will be presented to the Governor and Council of State for approval.

(e) After approval by the Governor and Council of State, the matter will be transferred to the Office of the Attorney General to draw the lease.

(f) After lessor executes the lease it will be forwarded to the Governor and Secretary of State for signature.

The Division of State Property may delegate authority to certain agencies as it deems warranted to enter into leases without prior approval of the Secretary of Administration. Upon granting such authority in writing, the Property Office will include a list of rules that must be followed by the agency when handling such transactions.

History

• Authority 143-341(4)f; Council of State Resolution
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; June 1, 1987; October 1, 1982
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0307 Leases at State Fairgrounds and Wnc Ag Center {#sec-01-ncac-06b-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0307}

The Department of Agriculture and Consumer Services, without prior approval of the Council of State, is authorized to enter into leases of buildings or land, and contracts for the furnishing of rides, shows and other related services on the State Fairgrounds and the WNC Ag Center, provided that the duration of each lease, rental agreement or contract shall not exceed 20 days per year for up to three years, plus 10 days before and after an event for move-in and move-out. A lease, rental agreement or contract for more than one year, which provides for a payment to the State of more than one hundred thousand dollars ($100,000) per year, shall be awarded to the highest qualified bidder in a request for proposals issued by the Department.

History

• Authority G.S. 143-341(4)d ; 143-341(4)f; Council of State Resolution of July 1, 1975
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 2006; August 1, 1988
• Exp. Eff. August 1, 2018 pursuant to G.S. 150B-21.3A
• Eff. February 1, 2024.

01 NCAC 06B .0308 Severance of Timber from the Land {#sec-01-ncac-06b-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0308}

History

• Status: expired
• Authority G.S. 146-35; 143-341(4)d,f; 143-341(4)f; Council of State Resolution of July 1, 1975
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 2006; August 1, 1988
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0309 Severance of Buildings {#sec-01-ncac-06b-.0309 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0309}

History

• Status: expired
• Authority G.S. 146-35; 143-341(4)d,f; 143-341(4)f; Council of State Resolution of July 1, 1975
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 2006; August 1, 1988
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0401 Requests for Allocation {#sec-01-ncac-06b-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0401}

History

• Status: repealed
• Authority G.S. 143-341(4)g
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0402 Investigation {#sec-01-ncac-06b-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0402}

History

• Status: repealed
• Authority G.S. 143-341(4)g
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0403 Negotiation {#sec-01-ncac-06b-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0403}

History

• Status: repealed
• Authority G.S. 143-341(4)g
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0404 Objections and Investigation {#sec-01-ncac-06b-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0404}

History

• Status: repealed
• Authority G.S. 143-341(4)g
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0405 Decision as to Allocation {#sec-01-ncac-06b-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0405}

History

• Status: repealed
• Authority G.S. 143-341(4)g
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0406 Appeal to Secretary {#sec-01-ncac-06b-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0406}

History

• Status: repealed
• Authority G.S. 143-341(4)g
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0407 Hearing by Secretary {#sec-01-ncac-06b-.0407 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0407}

History

• Status: repealed
• Authority G.S. 143-341(4)g
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0408 Land of Council of State Member Department {#sec-01-ncac-06b-.0408 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0408}

History

• Status: repealed
• Authority G.S. 143-341(4)g
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0409 Valuation {#sec-01-ncac-06b-.0409 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0409}

History

• Status: repealed
• Authority G.S. 143-341(4)g
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0410 Payment {#sec-01-ncac-06b-.0410 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0410}

History

• Status: repealed
• Authority G.S. 143-341(4)g
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0501 Easements to Fill {#sec-01-ncac-06b-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0501}

History

• Status: expired
• Authority G.S. 143-341(4); 146-6
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0502 Application {#sec-01-ncac-06b-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0502}

The riparian owner must file written application with the Division of State Property. An application for a state permit under G.S. 113-229 will be treated as a written application when the Division of State Property determines an easement is required.

History

• Authority G.S. 143-341(4); 146-6
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0503 Notice to Adjoining Riparian Owners {#sec-01-ncac-06b-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0503}

A copy of the application must be delivered to each owner of riparian property adjoining that of the applicant and each shall have 30 days from the date of service to object. If an application has recently been delivered to these riparian owners for purposes of obtaining a state or federal permit, this requirement may be waived at the discretion of the Division of State Property. All notifications to adjacent property owners must be made via certified mail if their addresses can be determined by reasonable inquiry, or by newspaper advertising as described in G.S. 113-229(10), if their addresses cannot be determined. Notification under G.S. 113-229 will be deemed sufficient for the purposes of this Section.

History

• Authority G.S. 143-341(4); 146-6
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0504 Objections {#sec-01-ncac-06b-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0504}

Objection by an adjacent owner does not necessarily result in easement denial; however, their reasonable objections must be considered by the Division of State Property. Comments from all riparian owners and state and federal agencies will be considered by the Division of State Property in determining whether to recommend approval of granting an easement to fill.

History

• Authority G.S. 143-341(4); 146-6
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0505 Limitations on Fill {#sec-01-ncac-06b-.0505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0505}

History

• Status: expired
• Authority G.S. 143-341(4); 146-6
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0506 Issuance of Easement {#sec-01-ncac-06b-.0506 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0506}

History

• Status: repealed
• Authority G.S. 143-341(4); 146-6
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

01 NCAC 06B .0507 Conditions of Easement {#sec-01-ncac-06b-.0507 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0507}

(a) Easements shall remain in full-force effect until December 31 of the next year subsequent to its execution.

(b) An applicant must obtain a state permit from the Department of Natural Resources and Community Development under G.S. 113-229 and a federal permit from the United States Corps of Engineers in addition to any easement granted.

History

• Authority G.S. 143-341(4); 146-6; 113-229
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0508 Title to Land Raised {#sec-01-ncac-06b-.0508 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0508}

History

• Status: expired
• Authority G.S. 143-341(4); 146-6
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0509 Request for Quitclaim Deed {#sec-01-ncac-06b-.0509 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0509}

Request for quitclaim deed to the filled area should be directed to the Division of State Property. The request must be accompanied by a metes and bounds description of the filled area. The granting of the quitclaim deed is subject to approval of the Governor and Council of State.

History

• Authority G.S. 143-341(4); 146-6
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0510 Consideration {#sec-01-ncac-06b-.0510 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0510}

History

• Status: expired
• Authority G.S. 143-341(4); 146-6
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; June 1, 1987
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0511 Limited to Applicant's Property Lines {#sec-01-ncac-06b-.0511 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0511}

History

• Status: expired
• Authority G.S. 143-341(4); 146-6
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; June 1, 1987
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0512 Filling by Local Governments {#sec-01-ncac-06b-.0512 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0512}

History

• Status: expired
• Authority G.S. 143-341(4); 146-6
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; June 1, 1987
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0601 Easements: Lands Covered by Water: Riparian Owners {#sec-01-ncac-06b-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0601}

History

• Status: repealed
• Authority G.S. 143-341(4); 146-12
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1988.

01 NCAC 06B .0602 Application and Costs {#sec-01-ncac-06b-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0602}

History

• Status: repealed
• Authority G.S. 143-341(4); 146-12
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

01 NCAC 06B .0603 Plat Must Accompany Application {#sec-01-ncac-06b-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0603}

History

• Status: expired
• Authority G.S. 143-341(4); 146-12
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. June 1, 1987
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0604 Investigation of Application {#sec-01-ncac-06b-.0604 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0604}

History

• Status: expired
• Authority G.S. 143-341(4); 146-12
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. June 1, 1987
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0605 Structures {#sec-01-ncac-06b-.0605 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0605}

History

• Status: expired
• Authority G.S. 143-341(4); 146-12
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. June 1, 1987
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0606 Easements {#sec-01-ncac-06b-.0606 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0606}

History

• Status: repealed
• Authority G.S. 143-341(4); 146-11; 146-12
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1988.

01 NCAC 06B .0607 Application and Cost {#sec-01-ncac-06b-.0607 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0607}

History

• Status: expired
• Authority G.S. 143-341(4); 146-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; July 1, 1988; June 1, 1987
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0608 Investigation of Application {#sec-01-ncac-06b-.0608 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0608}

History

• Status: expired
• Authority G.S. 143-341(4); 146-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; July 1, 1988; June 1, 1987
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0609 Overhead Easements Across Water {#sec-01-ncac-06b-.0609 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0609}

History

• Status: expired
• Authority G.S. 143-341(4); 146-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; July 1, 1988; June 1, 1987
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0610 Decision Making and Appeal Procedures {#sec-01-ncac-06b-.0610 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0610}

It is the function of the Department of Administration to investigate all proposed easements in lands covered by water, and if it is determined that such easements are in the best interest of the public, to make recommendation to the Council of State that the easements be granted. The initial decision is made by the Director of the Division of State Property. If the applicant desires to appeal the decision of the director, an appeal in writing can be made to the Secretary of the Department of Administration pursuant to 01 NCAC 01B .0400.

History

• Authority G.S. 143-341; 146-12
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0701 Local Improvements by Municipalities or Counties {#sec-01-ncac-06b-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0701}

History

• Status: expired
• Authority G.S. 153A-189; 160A-221
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0702 Request Must Be Made Prior to Construction {#sec-01-ncac-06b-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0702}

State participation in local improvement is authorized when the request for state participation is presented to the state prior to the time the improvements are made. The state will not give favorable consideration to any request for state participation unless the request is presented to the Division of State Property prior to construction of the proposed improvement.

History

• Authority G.S. 153A-189; 160A-221
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 06B .0703 Investigation of Proposal {#sec-01-ncac-06b-.0703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0703}

History

• Status: expired
• Authority G.S. 153A-189; 160A-221
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0704 Refusal and Appeal {#sec-01-ncac-06b-.0704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0704}

History

• Status: expired
• Authority G.S. 153A-189; 160A-221
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0801 Purpose {#sec-01-ncac-06b-.0801 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0801}

History

• Status: expired
• Authority G.S. 133-7(3); 133-5 to 133-17
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0802 Persons Entitled {#sec-01-ncac-06b-.0802 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0802}

History

• Status: expired
• Authority G.S. 133-7(3); 133-5 to 133-17
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0803 Definitions {#sec-01-ncac-06b-.0803 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0803}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0804 Standards for Decent: Safe and Sanitary Housing {#sec-01-ncac-06b-.0804 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0804}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0805 Persons to Whom Payments and Assistance Should Be Offered {#sec-01-ncac-06b-.0805 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0805}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0806 Contacts with Relocatees {#sec-01-ncac-06b-.0806 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0806}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0807 Notice to Financial Institutions {#sec-01-ncac-06b-.0807 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0807}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0808 Nontaxable Payments {#sec-01-ncac-06b-.0808 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0808}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0809 Ninety Days Written Notice {#sec-01-ncac-06b-.0809 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0809}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0810 Appeals Procedure {#sec-01-ncac-06b-.0810 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0810}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0811 Decent: Safe and Sanitary Housing {#sec-01-ncac-06b-.0811 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0811}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0812 Moving Cost {#sec-01-ncac-06b-.0812 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0812}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0813 Vacating Property Not Acquired {#sec-01-ncac-06b-.0813 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0813}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0814 Number of Moves {#sec-01-ncac-06b-.0814 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0814}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0815 Occupants Not Eligible for Moving Costs {#sec-01-ncac-06b-.0815 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0815}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0816 Distance of Move {#sec-01-ncac-06b-.0816 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0816}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0817 Moving Personal Property {#sec-01-ncac-06b-.0817 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0817}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0818 Advertising for Bids {#sec-01-ncac-06b-.0818 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0818}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0819 Payment of Moving Bids {#sec-01-ncac-06b-.0819 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0819}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0820 Direct Payment of Moving Expense {#sec-01-ncac-06b-.0820 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0820}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0821 State Contracts with Movers {#sec-01-ncac-06b-.0821 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0821}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0822 Hardship Case Payments {#sec-01-ncac-06b-.0822 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0822}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0823 Storage {#sec-01-ncac-06b-.0823 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0823}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0824 Insurance {#sec-01-ncac-06b-.0824 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0824}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0825 Removal and Reinstallation Expenses {#sec-01-ncac-06b-.0825 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0825}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0826 Owner Retention {#sec-01-ncac-06b-.0826 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0826}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0827 Time Limit for Submitting Moving Cost Payment {#sec-01-ncac-06b-.0827 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0827}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0828 Verification of Move {#sec-01-ncac-06b-.0828 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0828}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0829 Split Occupancy {#sec-01-ncac-06b-.0829 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0829}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0830 Exclusions on Moving Expenses and Losses {#sec-01-ncac-06b-.0830 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0830}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0831 Notification of Moving Costs and Authorization to Move {#sec-01-ncac-06b-.0831 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0831}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0832 Guidelines for Household Moves {#sec-01-ncac-06b-.0832 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0832}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0833 Actual Cost Moves {#sec-01-ncac-06b-.0833 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0833}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0834 Transportation Cost {#sec-01-ncac-06b-.0834 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0834}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0835 Mobile Homes {#sec-01-ncac-06b-.0835 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0835}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0836 Multi-Family Dwellings {#sec-01-ncac-06b-.0836 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0836}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0837 Moving Payments to Businesses {#sec-01-ncac-06b-.0837 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0837}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0838 Moving Payments to Farm Operators {#sec-01-ncac-06b-.0838 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0838}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0839 Moving Payments: Non-Profit Organizations {#sec-01-ncac-06b-.0839 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0839}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0840 Advertising Signs {#sec-01-ncac-06b-.0840 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0840}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0841 Replacement Housing Payments {#sec-01-ncac-06b-.0841 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0841}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0842 State Inspection for Decent: Safe and Sanitary Conditions {#sec-01-ncac-06b-.0842 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0842}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0843 Application for Replacement Housing Payments {#sec-01-ncac-06b-.0843 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0843}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0844 Advanced Replacement Housing Payments: Condemnation Cases {#sec-01-ncac-06b-.0844 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0844}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0845 Ownership of Replacement Dwelling Prior to Displacement {#sec-01-ncac-06b-.0845 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0845}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0846 Partial Take {#sec-01-ncac-06b-.0846 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0846}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0847 Multiple Occupancy of Same Dwelling Unit {#sec-01-ncac-06b-.0847 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0847}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0848 Joint Residential and Business Use {#sec-01-ncac-06b-.0848 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0848}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0849 Documentation of Purchase {#sec-01-ncac-06b-.0849 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0849}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0850 Distance Moved {#sec-01-ncac-06b-.0850 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0850}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0851 Payments: Long Term Owner-Occupant Who Purchases {#sec-01-ncac-06b-.0851 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0851}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0852 Replacement Housing Payment {#sec-01-ncac-06b-.0852 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0852}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0853 Owner's Retention {#sec-01-ncac-06b-.0853 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0853}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0854 Increased Interest Payments {#sec-01-ncac-06b-.0854 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0854}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0855 Incidental Expenses {#sec-01-ncac-06b-.0855 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0855}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0856 Rent Supplement Program {#sec-01-ncac-06b-.0856 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0856}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0857 Payment: Owner-Occupant for 180 Days or More Who Rents {#sec-01-ncac-06b-.0857 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0857}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0858 Payment to Owner-Occupant Who Is Short-Term Owner {#sec-01-ncac-06b-.0858 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0858}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0859 Payment: to Owner-Occupant Who Is Short Term Owner {#sec-01-ncac-06b-.0859 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0859}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0860 Payment: Tenant-Occupant: Not Less Than 90 Days Who Rents {#sec-01-ncac-06b-.0860 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0860}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0861 Payment: Tenant-Occupant: 90 or More Days Who Purchases {#sec-01-ncac-06b-.0861 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0861}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0862 Payment: Tenant of a Sleeping Room for 90 or More Days {#sec-01-ncac-06b-.0862 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0862}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0863 Replacement Housing Payments Mobile Homes: General {#sec-01-ncac-06b-.0863 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0863}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0864 Payments: Owner-Occupants: Mobile Homes: 180 Days or More {#sec-01-ncac-06b-.0864 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0864}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0865 Payment: Owner-Occupant of Mobile Homes: Short Term Owner {#sec-01-ncac-06b-.0865 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0865}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0866 Payment: Tenants of Mobile Homes for 90 Days or More {#sec-01-ncac-06b-.0866 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0866}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0867 Payments to Owners of Mobile Homes Who Rent Sites {#sec-01-ncac-06b-.0867 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0867}

History

• Status: repealed
• Authority G.S. 133-7; 133-14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0901 Employment of Appraisers {#sec-01-ncac-06b-.0901 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0901}

History

• Status: repealed
• Authority G.S. 143-341(4)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .0902 Use of Appraisal {#sec-01-ncac-06b-.0902 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .0902}

History

• Status: repealed
• Authority G.S. 143-341(4)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .1001 Employment of Surveyors {#sec-01-ncac-06b-.1001 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .1001}

History

• Status: repealed
• Authority G.S. 143-341(4)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .1002 Requirements of Survey {#sec-01-ncac-06b-.1002 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .1002}

History

• Status: repealed
• Authority G.S. 143-341(4)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .1101 Space Allocation {#sec-01-ncac-06b-.1101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .1101}

History

• Status: repealed
• Authority G.S. 143-341(4)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .1102 Facilities Planning {#sec-01-ncac-06b-.1102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .1102}

History

• Status: repealed
• Authority G.S. 143-341(4)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .1103 Space Utilization {#sec-01-ncac-06b-.1103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .1103}

History

• Status: repealed
• Authority G.S. 143-341(4)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 06B .1104 Approval {#sec-01-ncac-06b-.1104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06B .1104}

History

• Status: repealed
• Authority G.S. 143-341(4)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Subchapter E

01 NCAC 06E .0101 Name of Board and Address {#sec-01-ncac-06e-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0101}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0102 Purpose {#sec-01-ncac-06e-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0102}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0103 Definitions {#sec-01-ncac-06e-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0103}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0104 Availability of Administrative Hearing {#sec-01-ncac-06e-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0104}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0105 Separation of Functions {#sec-01-ncac-06e-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0105}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0106 Location of Hearing {#sec-01-ncac-06e-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0106}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0107 Legal Representation Before the Board {#sec-01-ncac-06e-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0107}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0201 Notice of Appeal Procedure {#sec-01-ncac-06e-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0201}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0301 Hearing Panel of Administrative Hearing {#sec-01-ncac-06e-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0301}

History

• Status: repealed
• Authority G.S. 143-135.10; 143-135.11; 143-135.12; 150B-11; 150B-23; 150B-25
• 150B-32
• Eff. October 1, 1984
• Repealed Eff. July 1, 1988.

01 NCAC 06E .0302 Appeals Acknowledged/Replies Thereto Permitted {#sec-01-ncac-06e-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0302}

History

• Status: repealed
• Authority G.S. 143-135.10; 143-135.11; 143-135.12; 150B-11; 150B-23; 150B-25
• 150B-32
• Eff. October 1, 1984
• Repealed Eff. July 1, 1988.

01 NCAC 06E .0303 Rules of Civil Procedure and Evidence {#sec-01-ncac-06e-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0303}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0304 Pre-Hearing Order and Conference {#sec-01-ncac-06e-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0304}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0305 Discovery {#sec-01-ncac-06e-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0305}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0306 Exhibits and Briefs {#sec-01-ncac-06e-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0306}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-27; 150B-33
• Eff. October 1, 1984
• Repealed Eff. July 1, 1988.

01 NCAC 06E .0307 Subpoenas {#sec-01-ncac-06e-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0307}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-27; 150B-33
• Eff. October 1, 1984
• Repealed Eff. July 1, 1988.

01 NCAC 06E .0308 Notice of Proposed Hearing Date {#sec-01-ncac-06e-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0308}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0401 Conduct of the Hearing {#sec-01-ncac-06e-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0401}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0402 Continuances: Time Extensions and Failure to Appear {#sec-01-ncac-06e-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0402}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 06E .0501 Final Decision {#sec-01-ncac-06e-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06E .0501}

History

• Status: repealed
• Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

Subchapter F

01 NCAC 06F .0101 Definitions {#sec-01-ncac-06f-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06F .0101}

For the purposes of this Chapter, the following definitions apply:

(1) "Agency" means the body to which State owned or leased property is allocated.

(2) "DIT" means the NC Department of Information Technology.

(3) "WISP" means Wireless Internet Service Provider.

History

• Authority G.S. 146-29.1; 146-29.2; 146-30; S.L. 2018-5, s. 37.1(a)-(i)
• Temporary Adoption Eff. January 28, 2019
• Eff. August 1, 2019.

01 NCAC 06F .0102 Application {#sec-01-ncac-06f-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06F .0102}

Upon referral from the DIT, an Agency requesting the construction and placement of broadband equipment on state property shall submit to the Division of State Property a completed PO-2, Disposition of Real Property form, as set forth in 01 NCAC 06B .0300, and BB-2, WISP Application form, that shall include the following information:

(1) description of the state property;

(2) information pertaining to the lessee; and

(3) equipment to be used and scope of work.

History

• Authority G.S. 146-29.1; 146-29.2; 146-30; S.L. 2018-5, s. 37.1(a)-(i)
• Temporary Adoption Eff. January 28, 2019
• Eff. August 1, 2019.

01 NCAC 06F .0103 procedures {#sec-01-ncac-06f-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06F .0103}

(a) The Division of State Property shall evaluate the information provided on the application and determine fair market value of the lease pursuant to G.S. 146-29.1.

(b) The Division of State Property shall generate the lease, license, or easement and provide it to the Agency for review and distribution to the broadband provider.

(c) Prior to the construction or placement of broadband equipment, the broadband provider and the Division of State Property shall execute duplicate original agreements.

(d) The Agency shall ensure all equipment is installed in accordance with the terms set out in the lease, license or easement.

History

• Authority G.S. 146-29.1; 146-29.2; 146-30; S.L. 2018-5, s. 37.1(a)-(i)
• Eff. August 1, 2019.

01 NCAC 06F .0104 Terms and Conditions {#sec-01-ncac-06f-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06F .0104}

The following terms and conditions shall apply to the location and installation of equipment by a broadband provider on state owned or leased property:

(1) All lease and license agreements shall be a five year term with two optional five year renewal periods.

(2) All lease and license agreements shall include an access agreement and a non-exclusive utility easement.

(3) The fair market value of the state-owned or leased property is subject to an annual rate adjustment as set forth in the lease.

(4) Rent shall be paid annually on the anniversary of the executed lease.

(5) An Agency may require an escrow fund as part of the broadband provider's lease or license agreement.

(6) Site specific protocols as set out in the lease and license agreement for construction and maintenance procedures shall be adhered to by the Applicant during installation and during any maintenance.

(7) Upgrades or changes to equipment shall be reviewed by the Division of State Property for compliance with the existing lease prior to any changes to equipment.

(8) The Agency shall not supply space in any existing equipment buildings, nor electricity.

History

• Authority G.S. 146-29.1; 146-29.2; 146-30; S.L. 2018-5, s. 37.1(a)-(i)
• Eff. August 1, 2019.

01 NCAC 06F .0105 termination {#sec-01-ncac-06f-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 06F .0105}

Upon termination of the agreement, at the Agency's request, the broadband provider shall remove equipment and cabling from the tower, ice-bridge, and within fenced property. The Agency shall then inspect the property to ensure compliance with this Paragraph. Upon a finding by the Agency that all equipment and cabling is removed, and the property has been returned to pre-leased conditions, the escrow funds shall be returned to the broadband provider within 60 days.

History

• Authority G.S. 146-29.1; 146-29.2; 146-30; S.L. 2018-5, s. 37.1(a)-(i)
• Eff. August 1, 2019.

Chapter 07 State Management Systems (Repealed)

01 NCAC 07 .0101 Purpose {#sec-01-ncac-07-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0101}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0102 Unit Organization {#sec-01-ncac-07-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0102}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0103 Unit Location {#sec-01-ncac-07-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0103}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0201 Responsibilities {#sec-01-ncac-07-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0201}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0202 Obtaining Services {#sec-01-ncac-07-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0202}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0301 Services and Means of Obtaining {#sec-01-ncac-07-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0301}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0302 Computer Production Batch Jobs {#sec-01-ncac-07-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0302}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0303 Computer Teleprocessing Service {#sec-01-ncac-07-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0303}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0304 Data Entry Service {#sec-01-ncac-07-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0304}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0305 Computer Output Microfiche (com) {#sec-01-ncac-07-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0305}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0306 Use of Triangle Universities Computation Center {#sec-01-ncac-07-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0306}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0307 Technical Assistance to Users {#sec-01-ncac-07-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0307}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0308 Operational Standards and Procedures {#sec-01-ncac-07-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0308}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0309 Recovery of the Costs of Services {#sec-01-ncac-07-.0309 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0309}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0401 Services and Means of Obtaining Them {#sec-01-ncac-07-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0401}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0402 Development of New Computer Applications {#sec-01-ncac-07-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0402}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0403 Maintenance of Existing Computer Applications {#sec-01-ncac-07-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0403}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0404 Technical Assistance {#sec-01-ncac-07-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0404}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0405 Systems Design and Programming Standards {#sec-01-ncac-07-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0405}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0406 Charges for Assistance {#sec-01-ncac-07-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0406}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0501 Services and Means of Obtaining Them {#sec-01-ncac-07-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0501}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0502 Planning {#sec-01-ncac-07-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0502}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0503 Feasibility Studies {#sec-01-ncac-07-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0503}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0504 Coordination of Standards: Procedures {#sec-01-ncac-07-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0504}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0505 Training {#sec-01-ncac-07-.0505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0505}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 07 .0506 Technical Assistance {#sec-01-ncac-07-.0506 omnilex-key=us-nc-regs-official--title-01--01 NCAC 07 .0506}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Chapter 09 Intergovernmental Relations

01 NCAC 09 .0101 Organization {#sec-01-ncac-09-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0101}

History

• Status: repealed
• Authority G.S. 143-341
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 09 .0102 Function {#sec-01-ncac-09-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0102}

History

• Status: repealed
• Authority G.S. 143-341
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 09 .0103 Washington Office {#sec-01-ncac-09-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0103}

History

• Status: repealed
• Authority G.S. 143-341
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 09 .0201 Function {#sec-01-ncac-09-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0201}

History

• Status: repealed
• Authority G.S. 143-341; Section 242 Headstart, Economic Opportunity and Community
• Partnership Act of 1974; Title I-A, Section 103(d) of Public Law 93-113, S. 1142, 1973
• Executive Order Number 8
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 09 .0202 Grant Processing and Monitoring {#sec-01-ncac-09-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0202}

History

• Status: repealed
• Authority G.S. 143-341; Section 242 Headstart, Economic Opportunity and Community
• Partnership Act of 1974; Title I-A, Section 103(d) of Public Law 93-113, S. 1142, 1973
• Executive Order Number 8
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 09 .0301 Function {#sec-01-ncac-09-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0301}

History

• Status: repealed
• Authority Sec. 204 Demonstration Cities and Metropolitan Development Act of 1966
• Title IV of the Intergovernmental Cooperation Act of 1968
• Section 102 (2)(c) National Environmental Policy Act, 1969;Title VI of the Civil Rights Act of 1964; Federal Register, Vol. 41:8.
• Statutory Authority G.S. 143-342; 143-341
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 09 .0302 Non State Applicant Review {#sec-01-ncac-09-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0302}

History

• Status: repealed
• Authority Sec. 204 Demonstration Cities and Metropolitan Development Act of 1966
• Title IV of the Intergovernmental Cooperation Act of 1968
• Section 102 (2)(c) National Environmental Policy Act, 1969;Title VI of the Civil Rights Act of 1964; Federal Register, Vol. 41:8.
• Statutory Authority G.S. 143-342; 143-341
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 09 .0303 State Project Review {#sec-01-ncac-09-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0303}

History

• Status: repealed
• Authority Sec. 204 Demonstration Cities and Metropolitan Development Act of 1966
• Title IV of the Intergovernmental Cooperation Act of 1968
• Section 102 (2)(c) National Environmental Policy Act, 1969;Title VI of the Civil Rights Act of 1964; Federal Register, Vol. 41:8.
• Statutory Authority G.S. 143-342; 143-341
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 09 .0401 Purpose {#sec-01-ncac-09-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0401}

History

• Status: repealed
• Authority G.S. 143-506.7; 143-506.10
• Eff. December 3, 1980
• Transferred From T01:10 Eff. January 1, 1982
• Repealed Eff. January 1, 2013.

01 NCAC 09 .0402 Definitions {#sec-01-ncac-09-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0402}

History

• Status: repealed
• Authority G.S. 143-506.7; 143-506.10
• Eff. December 3, 1980
• Transferred From T01:10 Eff. January 1, 1982
• Repealed Eff. January 1, 2013.

01 NCAC 09 .0403 Organization {#sec-01-ncac-09-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0403}

History

• Status: repealed
• Authority G.S. 143-506.7; 143-506.10
• Eff. December 3, 1980
• Transferred From T01:10 Eff. January 1, 1982
• Repealed Eff. January 1, 2013.

01 NCAC 09 .0404 Criteria for Designation of Growth Centers {#sec-01-ncac-09-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0404}

History

• Status: repealed
• Authority G.S. 143-506.7; 143-506.10
• Eff. December 3, 1980
• Transferred From T01:10 Eff. January 1, 1982
• Repealed Eff. January 1, 2013.

01 NCAC 09 .0405 Application for Growth Center Designation {#sec-01-ncac-09-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0405}

History

• Status: repealed
• Authority G.S. 143-506.7; 143-506.10
• Eff. December 3, 1980
• Transferred From T01:10 Eff. January 1, 1982
• Repealed Eff. January 1, 2013.

01 NCAC 09 .0406 Review of Application {#sec-01-ncac-09-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0406}

History

• Status: repealed
• Authority G.S. 143-506.7; 143-506.10
• Eff. December 3, 1980
• Transferred From T01:10 Eff. January 1, 1982
• Repealed Eff. January 1, 2013.

01 NCAC 09 .0501 Function {#sec-01-ncac-09-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0501}

History

• Status: repealed
• Authority G.S. 113A; 143-341; Federal Executive Order 12372
• Eff. December 1, 1983
• Repealed Eff. August 1, 2019.

01 NCAC 09 .0502 Applicant Review {#sec-01-ncac-09-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 09 .0502}

History

• Status: repealed
• Authority G.S. 113A; 143-341; Federal Executive Order 12372
• Eff. December 1, 1983
• Repealed Eff. August 1, 2019.

Chapter 10 State Planning

01 NCAC 10 .0101 Organization {#sec-01-ncac-10-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 10 .0101}

History

• Status: repealed
• Authority G.S. 143-337; 143-341(6)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 10 .0102 Function {#sec-01-ncac-10-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 10 .0102}

History

• Status: repealed
• Authority G.S. 143-337; 143-341(6)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 10 .0201 Population Estimates {#sec-01-ncac-10-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 10 .0201}

History

• Status: repealed
• Authority G.S. 143-337; 143-341(6)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 10 .0202 Use of Population Estimates {#sec-01-ncac-10-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 10 .0202}

History

• Status: repealed
• Authority G.S. 143-337; 143-341(6)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 10 .0203 Data Sources {#sec-01-ncac-10-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 10 .0203}

History

• Status: repealed
• Authority G.S. 143-337; 143-341(6)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 10 .0204 Procedures for Challenging Population Estimates {#sec-01-ncac-10-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 10 .0204}

History

• Status: repealed
• Authority G.S. 143-337; 143-341(6)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 10 .0301 Function {#sec-01-ncac-10-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 10 .0301}

History

• Status: repealed
• Authority G.S. 113A-153; 113A-154; 143-337; 143-341(6)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1988.

01 NCAC 10 .0302 Land Policy Council {#sec-01-ncac-10-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 10 .0302}

History

• Status: repealed
• Authority G.S. 113A-153; 113A-154; 143-337; 143-341(6)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1988.

01 NCAC 10 .0303 Advisory Committee on Land Policy {#sec-01-ncac-10-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 10 .0303}

History

• Status: repealed
• Authority G.S. 113A-153; 113A-154; 143-337; 143-341(6)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1988.

Chapter 11 Human Relations Council

01 NCAC 11 .0101 Role of Council {#sec-01-ncac-11-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0101}

History

• Status: repealed
• Authority G.S. 143B-391; 143B-392
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0102 Location {#sec-01-ncac-11-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0102}

History

• Status: repealed
• Authority G.S. 143B-391; 143B-392
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0103 Staff Support {#sec-01-ncac-11-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0103}

History

• Status: repealed
• Authority G.S. 143B-391; 143B-392
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0201 Human Relations Program {#sec-01-ncac-11-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0201}

History

• Status: repealed
• Authority G.S. 143B-391; 143B-392; 160A-492
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0202 Coordination {#sec-01-ncac-11-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0202}

History

• Status: repealed
• Authority G.S. 143B-391; 143B-392; 160A-492
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0301 Policy {#sec-01-ncac-11-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0301}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0302 Procedures {#sec-01-ncac-11-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0302}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0303 Civil Rights {#sec-01-ncac-11-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0303}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0401 Complaint {#sec-01-ncac-11-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0401}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0402 Discrimination {#sec-01-ncac-11-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0402}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0403 Person {#sec-01-ncac-11-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0403}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0404 Complainant {#sec-01-ncac-11-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0404}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0405 Respondent {#sec-01-ncac-11-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0405}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0406 Enforcement Agency {#sec-01-ncac-11-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0406}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0407 Determination {#sec-01-ncac-11-.0407 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0407}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0408 Conciliation Agreement {#sec-01-ncac-11-.0408 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0408}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0409 Work Outline {#sec-01-ncac-11-.0409 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0409}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0410 Records {#sec-01-ncac-11-.0410 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0410}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0411 Council {#sec-01-ncac-11-.0411 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0411}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0412 Director {#sec-01-ncac-11-.0412 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0412}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0501 Forms Listed {#sec-01-ncac-11-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0501}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0502 Availability {#sec-01-ncac-11-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0502}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0601 Telephone Inquiries {#sec-01-ncac-11-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0601}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0602 Status of Complaint {#sec-01-ncac-11-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0602}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0603 Information on Discrimination {#sec-01-ncac-11-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0603}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0701 Who May File {#sec-01-ncac-11-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0701}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0702 Receipt of Complaint: Form {#sec-01-ncac-11-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0702}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0703 Where to File {#sec-01-ncac-11-.0703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0703}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0704 Time of Filing {#sec-01-ncac-11-.0704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0704}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0705 Anonymous Charge {#sec-01-ncac-11-.0705 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0705}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0706 Amending a Complaint {#sec-01-ncac-11-.0706 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0706}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0707 Withdrawal of Complaint {#sec-01-ncac-11-.0707 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0707}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0801 Staff Review of Complaint {#sec-01-ncac-11-.0801 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0801}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0802 Notice/Receipt of Complaint: Initiation of Investigation {#sec-01-ncac-11-.0802 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0802}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0803 Employment Discrimination {#sec-01-ncac-11-.0803 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0803}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0804 Referral to Enforcement Agencies {#sec-01-ncac-11-.0804 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0804}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0901 Pre-Investigation Analysis {#sec-01-ncac-11-.0901 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0901}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0902 Investigation File {#sec-01-ncac-11-.0902 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0902}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0903 Developing Investigation Plan {#sec-01-ncac-11-.0903 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0903}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0904 Interviews {#sec-01-ncac-11-.0904 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0904}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .0905 Analysis of Records {#sec-01-ncac-11-.0905 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .0905}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1001 When Testing Utilized {#sec-01-ncac-11-.1001 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1001}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1002 Initiation of Testing {#sec-01-ncac-11-.1002 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1002}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1003 Qualification as Tester {#sec-01-ncac-11-.1003 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1003}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1004 Testing Application {#sec-01-ncac-11-.1004 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1004}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1005 Tester's Affidavit {#sec-01-ncac-11-.1005 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1005}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1101 Confidentiality Upon Conciliation {#sec-01-ncac-11-.1101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1101}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1102 Information Referral {#sec-01-ncac-11-.1102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1102}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1103 Unauthorized Interviews {#sec-01-ncac-11-.1103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1103}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1201 Offer Made During Investigation {#sec-01-ncac-11-.1201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1201}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1202 Conciliation Division Advised {#sec-01-ncac-11-.1202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1202}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1301 Investigation Failure Declared {#sec-01-ncac-11-.1301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1301}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1302 Notice of Investigation Failure {#sec-01-ncac-11-.1302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1302}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1401 Procedures {#sec-01-ncac-11-.1401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1401}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1402 Report {#sec-01-ncac-11-.1402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1402}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1403 Recommended Determination {#sec-01-ncac-11-.1403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1403}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1404 Determination: Cause: No Cause {#sec-01-ncac-11-.1404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1404}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1501 Application {#sec-01-ncac-11-.1501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1501}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1502 Investigation Report {#sec-01-ncac-11-.1502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1502}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1503 Draft Agreement {#sec-01-ncac-11-.1503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1503}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1504 Conciliation Meeting {#sec-01-ncac-11-.1504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1504}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1505 Acceptance of Conciliation Agreement {#sec-01-ncac-11-.1505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1505}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1506 Conciliation Agreement: Format {#sec-01-ncac-11-.1506 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1506}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1601 Conciliation Failure Declared {#sec-01-ncac-11-.1601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1601}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1602 Notice of Failure {#sec-01-ncac-11-.1602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1602}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1701 Compliance Review {#sec-01-ncac-11-.1701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1701}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1702 Notice of Compliance Review {#sec-01-ncac-11-.1702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1702}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1703 Report of Non-Compliance {#sec-01-ncac-11-.1703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1703}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1704 Declaration of Non-Compliance {#sec-01-ncac-11-.1704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1704}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1801 Referral Following Conciliation Failure: Investigation {#sec-01-ncac-11-.1801 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1801}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1802 Complaints Previously Filed with Enforcement Agency {#sec-01-ncac-11-.1802 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1802}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1803 Follow-Up {#sec-01-ncac-11-.1803 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1803}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1901 Conciliation Report {#sec-01-ncac-11-.1901 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1901}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .1902 Included in Case File {#sec-01-ncac-11-.1902 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .1902}

History

• Status: repealed
• Authority G.S. 143-422.1 to 143-422.3; 143B-391; 143B-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2001 Education: Policy {#sec-01-ncac-11-.2001 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2001}

History

• Status: repealed
• Authority G.S. 143-391; 143-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2002 Education Complaint {#sec-01-ncac-11-.2002 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2002}

History

• Status: repealed
• Authority G.S. 143-391; 143-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2003 Education Investigation {#sec-01-ncac-11-.2003 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2003}

History

• Status: repealed
• Authority G.S. 143-391; 143-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2004 Education Finding {#sec-01-ncac-11-.2004 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2004}

History

• Status: repealed
• Authority G.S. 143-391; 143-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2005 Procedural Due Process {#sec-01-ncac-11-.2005 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2005}

History

• Status: repealed
• Authority G.S. 143-391; 143-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2006 Education Referral: Final Offer of Assistance {#sec-01-ncac-11-.2006 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2006}

History

• Status: repealed
• Authority G.S. 143-391; 143-392
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2101 Purpose {#sec-01-ncac-11-.2101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2101}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 2
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2102 Definitions {#sec-01-ncac-11-.2102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2102}

History

• Status: repealed
• Authority G.S. 41A-1; 41A-2; 41A-7
• Eff. October 1, 1983
• Amended Eff. March 1, 1989; February 1, 1989
• Repealed Eff. January 1, 2013.

01 NCAC 11 .2103 Complaints: Form: Contents: Filing {#sec-01-ncac-11-.2103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2103}

History

• Status: repealed
• Authority G.S. 41A-1; 41A-2; 41A-7
• Eff. October 1, 1983
• Amended Eff. March 1, 1989; February 1, 1989
• Repealed Eff. January 1, 2013.

01 NCAC 11 .2104 Amendment of Complaint {#sec-01-ncac-11-.2104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2104}

History

• Status: repealed
• Authority G.S. 41A-1; 41A-2; 41A-7
• Eff. October 1, 1983
• Amended Eff. March 1, 1989; February 1, 1989
• Repealed Eff. January 1, 2013.

01 NCAC 11 .2105 Withdrawal of Complaint {#sec-01-ncac-11-.2105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2105}

History

• Status: repealed
• Authority G.S. 41A-1; 41A-2; 41A-7
• Eff. October 1, 1983
• Amended Eff. March 1, 1989; February 1, 1989
• Repealed Eff. January 1, 2013.

01 NCAC 11 .2106 Service of Complaint {#sec-01-ncac-11-.2106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2106}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2107 Filing of Answer {#sec-01-ncac-11-.2107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2107}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2108 Amendment of Answer {#sec-01-ncac-11-.2108 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2108}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2109 Investigation of Complaints by Local Agencies {#sec-01-ncac-11-.2109 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2109}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2110 Investigation and Decision to Resolve {#sec-01-ncac-11-.2110 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2110}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2111 Investigation: Subpoenas {#sec-01-ncac-11-.2111 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2111}

History

• Status: repealed
• Authority G.S. 41A-8
• Eff. October 1, 1983
• Amended Eff. March 1, 1989
• Repealed Eff. January 1, 2013.

01 NCAC 11 .2112 Enforcement of Subpoenas {#sec-01-ncac-11-.2112 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2112}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2113 Testing Procedures {#sec-01-ncac-11-.2113 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2113}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2114 Conference: Conciliation and Persuasion {#sec-01-ncac-11-.2114 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2114}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2115 Confidentiality of Conciliation Conferences {#sec-01-ncac-11-.2115 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2115}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2116 Conciliation Agreements {#sec-01-ncac-11-.2116 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2116}

History

• Status: repealed
• Authority G.S. 41A-7
• Eff. October 1, 1983
• Amended Eff. February 1, 1989
• Repealed Eff. January 1, 2013.

01 NCAC 11 .2117 Conciliation Failure {#sec-01-ncac-11-.2117 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2117}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2118 Notice of Conciliation Failure {#sec-01-ncac-11-.2118 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2118}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2119 Compliance Review {#sec-01-ncac-11-.2119 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2119}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. February 1, 1989.

01 NCAC 11 .2120 Notice of Compliance Review {#sec-01-ncac-11-.2120 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2120}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. February 1, 1989.

01 NCAC 11 .2121 Declaration of Non-Compliance {#sec-01-ncac-11-.2121 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2121}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. February 1, 1989.

01 NCAC 11 .2122 Civil Actions by Complainants {#sec-01-ncac-11-.2122 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2122}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 11 .2123 Civil Actions by the Council {#sec-01-ncac-11-.2123 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2123}

History

• Status: repealed
• Authority S.L. 1983, c. 522, s. 1
• Eff. October 1, 1983
• Repealed Eff. February 1, 1989.

01 NCAC 11 .2201 Definitions {#sec-01-ncac-11-.2201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2201}

History

• Status: repealed
• Authority G.S. 143-422.3
• Eff. February 1, 1989
• Repealed Eff. January 1, 2013.

01 NCAC 11 .2202 Filing of Complaint {#sec-01-ncac-11-.2202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2202}

History

• Status: repealed
• Authority G.S. 143-422.3
• Eff. February 1, 1989
• Repealed Eff. January 1, 2013.

01 NCAC 11 .2203 Notice to Respondent {#sec-01-ncac-11-.2203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2203}

History

• Status: repealed
• Authority G.S. 143-422.3
• Eff. February 1, 1989
• Repealed Eff. January 1, 2013.

01 NCAC 11 .2204 Investigation: Opinion: and Conciliation {#sec-01-ncac-11-.2204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 11 .2204}

History

• Status: repealed
• Authority G.S. 143-422.3
• Eff. February 1, 1989
• Repealed Eff. January 1, 2013.

Chapter 12 Marine Affairs

01 NCAC 12 .0101 Organization {#sec-01-ncac-12-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0101}

History

• Status: repealed
• Authority G.S. 143-347.14; 143B-390; 150B-11; Exec. Order #28, July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0102 Responsibilities {#sec-01-ncac-12-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0102}

History

• Status: repealed
• Authority G.S. 143-347.14; 143B-390; 150B-11; Exec. Order #28, July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0103 Forms {#sec-01-ncac-12-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0103}

History

• Status: repealed
• Authority G.S. 143-347.14; 143B-390; 150B-11; Exec. Order #28, July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0201 Director: Office of Marine Affairs {#sec-01-ncac-12-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0201}

History

• Status: repealed
• Authority G.S. 143-347.14; 143B-390; Executive Order No. 28 dated July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0202 Coordination {#sec-01-ncac-12-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0202}

History

• Status: repealed
• Authority G.S. 143-347.14; 143B-389; Executive Order No. 28 dated July 7, 1972
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 12 .0203 Special Studies {#sec-01-ncac-12-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0203}

History

• Status: repealed
• Authority G.S. 143-347.14; 143B-389; Executive Order No. 28 dated July 7, 1972
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 12 .0204 Resources Center Program Development {#sec-01-ncac-12-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0204}

History

• Status: repealed
• Authority G.S. 143-347.10 to 143-347.13; Executive Order No. 28 dated July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0205 Marine Science Council Support {#sec-01-ncac-12-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0205}

History

• Status: repealed
• Authority G.S. 143-347.14; 143B-389; Executive Order No. 28 dated July 7, 1972
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0206 Coordination and Special Projects {#sec-01-ncac-12-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0206}

History

• Status: repealed
• Authority G.S. 143-347.14; 143B-389; Executive Order No. 28 dated July 7, 1972
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0301 Organization {#sec-01-ncac-12-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0301}

History

• Status: repealed
• Authority G.S. 143-347.13; Executive Order No. 28 dated July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0302 Location {#sec-01-ncac-12-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0302}

History

• Status: repealed
• Authority G.S. 143-347.13; Executive Order No. 28 dated July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0303 Responsibilities {#sec-01-ncac-12-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0303}

History

• Status: repealed
• Authority G.S. 143-347.13; Executive Order No. 28 dated July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0304 Functional Areas {#sec-01-ncac-12-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0304}

History

• Status: repealed
• Authority G.S. 143-347.13; Executive Order No. 28 dated July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0401 Composition {#sec-01-ncac-12-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0401}

History

• Status: repealed
• Authority G.S. 143-347.10 to 143-347.13; Executive Order No. 28 dated July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0402 Duties {#sec-01-ncac-12-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0402}

History

• Status: repealed
• Authority G.S. 143-347.10 to 143-347.13; Executive Order No. 28 dated July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0501 Composition {#sec-01-ncac-12-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0501}

History

• Status: repealed
• Authority G.S. 143B-268; 143B-389; 143B-390; Exec. Order #28, July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0502 Duties {#sec-01-ncac-12-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0502}

History

• Status: repealed
• Authority G.S. 143B-268; 143B-389; 143B-390; Exec. Order #28, July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0503 Officers {#sec-01-ncac-12-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0503}

History

• Status: repealed
• Authority G.S. 143B-268; 143B-389; 143B-390; Exec. Order #28, July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0504 Appointive Power of Chairman {#sec-01-ncac-12-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0504}

History

• Status: repealed
• Authority G.S. 143B-268; 143B-389; 143B-390; Exec. Order #28, July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0505 Meetings {#sec-01-ncac-12-.0505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0505}

History

• Status: repealed
• Authority G.S. 143B-268; 143B-389; 143B-390; Exec. Order #28, July 7, 1972
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 12 .0601 Definitions {#sec-01-ncac-12-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0601}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .0602 Name Change {#sec-01-ncac-12-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0602}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .0603 Forms {#sec-01-ncac-12-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0603}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .0604 Appeals {#sec-01-ncac-12-.0604 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0604}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .0605 organization: powers and duties {#sec-01-ncac-12-.0605 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0605}

History

• Status: repealed
• Authority G.S.143B-390.2(b)
• Eff. May 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .0701 Staff {#sec-01-ncac-12-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0701}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .0702 Bylaws {#sec-01-ncac-12-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0702}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .0703 Agenda {#sec-01-ncac-12-.0703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0703}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .0704 Minutes {#sec-01-ncac-12-.0704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .0704}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .1001 When Use Is Less Than 60 Days {#sec-01-ncac-12-.1001 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .1001}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .1002 When Use Exceeds 60 Days {#sec-01-ncac-12-.1002 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .1002}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .1003 Applications Forwarded by Office of Marine Affairs {#sec-01-ncac-12-.1003 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .1003}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .1004 Review of Applications {#sec-01-ncac-12-.1004 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .1004}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .1005 Notification to Applicant {#sec-01-ncac-12-.1005 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .1005}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .1006 Annual Renewal {#sec-01-ncac-12-.1006 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .1006}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .1007 Criteria for Selecting Applicants {#sec-01-ncac-12-.1007 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .1007}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .1008 aPPROVAL OR dENIAL {#sec-01-ncac-12-.1008 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .1008}

History

• Status: repealed
• Authority G.S. 143B-390.2(b)
• Eff. May 1, 1987
• Repealed Eff. December 1, 2006.

01 NCAC 12 .1101 Unauthorized Entry {#sec-01-ncac-12-.1101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 12 .1101}

History

• Authority G.S. 143B-390.2(b)
• Eff. February 1, 1987
• Transferred and Recodified to 15A NCAC 28 .0301 Eff. August 1, 2007.

Chapter 13 Citizen Participation

01 NCAC 13 .0101 Organization {#sec-01-ncac-13-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 13 .0101}

History

• Status: repealed
• Authority G.S. 143B-12 to 143B-14
• Eff. February 1, 1976
• Repealed Eff. December 1, 2012.

01 NCAC 13 .0102 Commission on Citizen Participation {#sec-01-ncac-13-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 13 .0102}

History

• Status: repealed
• Authority G.S. 143B-12 to 143B-14
• Eff. February 1, 1976
• Repealed Eff. December 1, 2012.

01 NCAC 13 .0103 Purpose {#sec-01-ncac-13-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 13 .0103}

History

• Status: repealed
• Authority G.S. 143B-12 to 143B-14
• Eff. February 1, 1976
• Repealed Eff. December 1, 2012.

01 NCAC 13 .0201 Instructional Material {#sec-01-ncac-13-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 13 .0201}

History

• Status: repealed
• Authority G.S. 143B-12 to 143B-14
• Eff. February 1, 1976
• Repealed Eff. December 1, 2012.

01 NCAC 13 .0202 Newsletter {#sec-01-ncac-13-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 13 .0202}

History

• Status: repealed
• Authority G.S. 143B-12 to 143B-14
• Eff. February 1, 1976
• Repealed Eff. December 1, 2012.

01 NCAC 13 .0203 Resource Library {#sec-01-ncac-13-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 13 .0203}

History

• Status: repealed
• Authority G.S. 143B-12 to 143B-14
• Eff. February 1, 1976
• Repealed Eff. December 1, 2012.

01 NCAC 13 .0301 Rights of Volunteers {#sec-01-ncac-13-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 13 .0301}

History

• Status: repealed
• Authority G.S. 143B-12 to 143B-14
• Eff. February 1, 1976
• Repealed Eff. December 1, 2012.

01 NCAC 13 .0302 Training {#sec-01-ncac-13-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 13 .0302}

History

• Status: repealed
• Authority G.S. 143B-12 to 143B-14
• Eff. February 1, 1976
• Repealed Eff. December 1, 2012.

01 NCAC 13 .0303 Program Evaluation {#sec-01-ncac-13-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 13 .0303}

History

• Status: repealed
• Authority G.S. 143B-12 to 143B-14
• Eff. February 1, 1976
• Repealed Eff. December 1, 2012.

01 NCAC 13 .0304 Methods of Evaluation {#sec-01-ncac-13-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 13 .0304}

History

• Status: repealed
• Authority G.S. 143B-12 to 143B-14
• Eff. February 1, 1976
• Repealed Eff. December 1, 2012.

01 NCAC 13 .0305 Field Work {#sec-01-ncac-13-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 13 .0305}

History

• Status: repealed
• Authority G.S. 143B-12 to 143B-14
• Eff. February 1, 1976
• Repealed Eff. December 1, 2012.

Chapter 15 Indian Affairs

01 NCAC 15 .0101 Purpose {#sec-01-ncac-15-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0101}

History

• Status: repealed
• Authority G.S. 143A-6(b),(c); 143B-404; 143B-405
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 15 .0102 Executive Committee {#sec-01-ncac-15-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0102}

(a) The executive committee consists of one member from each of the tribes or groups represented on the commission. The senior member from each delegation is officially appointed by the chairman. The chairman serves as chairman of the executive committee and represents his area.

(b) The executive committee is called into session by the chairman or three members either by mail or by telephone.

(c) The executive committee makes recommendations to the full board for such items as petitions for recognition, policy recommendations for new programs or commission operational direction. The executive committee can take emergency action and act in the place of the board subject to review by the full board.

History

• Authority G.S. 143B-10; 143B-407; 143B-408
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 15 .0103 Executive Director {#sec-01-ncac-15-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0103}

History

• Status: repealed
• Authority G.S. 143B-411; Chapter 126
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 15 .0104 Staff {#sec-01-ncac-15-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0104}

History

• Status: repealed
• Authority G.S. 143B-411; Chapter 126
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 15 .0105 Meetings {#sec-01-ncac-15-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0105}

(a) It is a legislative requirement that notice of regular and special board meetings be given 10 days in advance. The agenda is to be included in the notice of meeting.

(b) Agenda items are to reach the chairman of the board either in writing or orally in sufficient time to be put on agenda to meet the 10-day advance notice requirement.

(c) Agenda items may also be carried over from the previous meeting, and members and others may request agenda items at regular and special board meetings.

(d) The chairman is responsible for placing items on the agenda.

(e) Upon a majority vote of the board, items not on the agenda may be presented and considered at any board meeting.

History

• Authority G.S. 143B-408
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 15 .0106 Hours of Operation {#sec-01-ncac-15-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0106}

History

• Status: repealed
• Authority G.S. 143B-405
• Eff. November 1, 1976
• Repealed Eff. June 1, 1986.

01 NCAC 15 .0107 Location {#sec-01-ncac-15-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0107}

History

• Status: repealed
• Authority G.S. 143B-404
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 15 .0201 Authorization {#sec-01-ncac-15-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0201}

The rules in this Section, establish procedures to provide for the legal recognition by the State of presently unrecognized American Indian groups.

History

• Authority G.S. 143B-406
• Eff. November 1, 1976
• Amended Eff. February 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 15 .0202 Definitions {#sec-01-ncac-15-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0202}

When used in this Section the following definitions apply:

(1) "AMERICAN INDIAN TRIBE" means a population of Indian people all related to one another by blood or kinship, tracing their heritage to indigenous Indian tribes, and recognized by the State or federal government.

(2) "COMMISSION" means the North Carolina Commission of Indian Affairs.

(3) "GROUP" means the members of a community, inter-related by blood, and listed on submitted membership rolls as defined in Item (5) of this Rule, and petitioning the state for official recognition as an American Indian tribe.

(4) "INDIGENOUS" means native to North Carolina.

(5) "MEMBERSHIP ROLL" means a list of those individuals who have been determined by a group to meet the group's membership requirements. The membership roll shall list the names, addresses, date of birth, names of both parents (including mothers' maiden names), and telephone numbers of the people and relate each one to their kinship ties. These kinship ties shall be consistent with information documented in genealogy charts submitted in accordance with Rule .0212(2) of this Section.

(6) "NOTICE OF INTENT TO PETITION" means a letter without supporting petition-related documents from a group requesting official recognition by the State of North Carolina.

(7) "PETITION" means the presented documents and arguments made by a group to substantiate its claims that it satisfies the criteria identified in Rules .0203 and .0212 of this Section.

(8) "PETITIONER" means any group that has submitted a Notice of Intent to Petition to the Commission requesting State recognition as an American Indian tribe.

(9) "SPLINTER GROUP" means a political faction, community, or group of any character that separates or has separated from the main body of a state or federally recognized American Indian tribe, and has not functioned throughout history as an autonomous American Indian tribe.

(10) "STATE" means the State of North Carolina.

History

• Authority G.S. 143B-406
• Eff. November 1, 1976
• Amended Eff. February 1, 2006; April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 15 .0203 Groups Eligible for Petitioning Process {#sec-01-ncac-15-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0203}

(a) Only American Indian groups located in North Carolina who can trace their historic origins to indigenous American Indian tribes prior to 1790 are eligible to petition or to be considered for State recognition as an American Indian tribe.

(b) Each group seeking recognition shall document their organizational status and structure. The formal status and type of organizational structure of the petitioning group shall not be a factor in the recognition process.

History

• Authority G.S. 143B-406
• Eff. November 1, 1976
• Amended Eff. February 1, 2006; April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 15 .0204 Groups Ineligible for Recognition {#sec-01-ncac-15-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0204}

The following groups and entities are ineligible to petition for official State recognition as American Indian tribes:

(1) Splinter Groups – as defined in Rule .0202 of this Section.

(2) Previously denied petition groups or entities - Groups, or successors in interest of groups, that have petitioned for and been denied or refused recognition as an American Indian tribe under the State's administrative rules for State recognition as an American Indian tribe, unless the group has new evidence to justify the petition.

(3) Parties to certain actions – Any group that:

(a) in any action in State or federal court of competent jurisdiction to which the group was a party attempted to establish its status as an American Indian tribe or successor in interest to an American Indian tribe; and

(b) was determined by that court:

(i) not to be an American Indian tribe; or

(ii) not to be a successor in interest to an American Indian tribe; or

(iii) to be incapable of establishing one or more of the criteria set forth in Rules .0203 or .0212 of this Section.

History

• Authority G.S. 143B-406
• Eff. November 1, 1976
• Amended Eff. February 1, 2006; April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 15 .0205 Commission Assistance to Petitioner {#sec-01-ncac-15-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0205}

(a) When a group has identified itself as an American Indian group, it shall request technical assistance from the Commission. The Commission shall explain the administrative processes for the legal recognition of an American Indian group.

(b) The Commission of Indian Affairs assistance to the Petitioner shall be limited to an explanation of the procedure and technical advice.

History

• Authority G.S. 143B-406
• Eff. November 1, 1976
• Amended Eff. February 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 15 .0206 Seats on the Commission {#sec-01-ncac-15-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0206}

History

• Status: repealed
• Authority G.S. 71-16
• Eff. November 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 15 .0207 Notice of Intent to Petition for Recognition {#sec-01-ncac-15-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0207}

(a) A petitioning American Indian group shall file a Notice of Intent to Petition (hereinafter referred to as the "Notice of Intent") with the Commission's Recognition Committee. The Commission shall acknowledge receipt of the Petitioner's Notice of Intent.

(b) The Notice of Intent shall be produced, dated and shall be signed by each member of the governing body of the petitioning American Indian group, and shall include the group's name, address, number of members, geographic location of the petitioning group's members, historic origin and existing recognition.

History

• Authority G.S. 143B-406
• Eff. February 11, 1980
• Amended Eff. February 1, 2006; April 1, 1999; August 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 15 .0208 Recognition Committee {#sec-01-ncac-15-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0208}

(a) The Recognition Committee shall be appointed by the chairperson of the Commission of Indian Affairs from the Commission members who are representing the recognized American Indian tribes and organizations in North Carolina.

(b) Once a Petitioner has completed the recognition process, the Recognition Committee shall make a recommendation to the Commission regarding the group's State recognition as an American Indian tribe. Thereafter, the Commission shall render its decision as under Rule .0209 of this Section.

History

• Authority G.S. 143B-406
• Eff. February 11, 1980
• Amended Eff. February 1, 2006; April 1, 1999; February 1, 1982
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 15 .0209 Procedure for Recognition {#sec-01-ncac-15-.0209 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0209}

The procedure to be followed for recognition shall be:

(1) Petitioner shall submit a Notice of Intent to Petition, as set out in Rule .0207 of this Section, to the Commission of Indian Affairs.

(2) The Commission shall acknowledge receipt of the Petitioner's Notice of Intent to Petition and shall explain procedure to Petitioner;

(3) Upon receipt of the Notice of Intent, the Commission shall notify, in writing, the following interested parties:

(a) State recognized Indian tribes and organizations; and

(b) local and county governments within a 25 mile radius of the Petitioner's geographic area;

(4) All petitions and responses to petitions must be received at least 10 days prior to the meeting at which they are to be considered.

(5) The Petitioner shall provide an original and at least five copies when submitting petitions, responses to petitions, or other supplementary information to the Commission during the petition process.

(6) The Petitioner shall complete and submit a fully documented petition to the Recognition Committee, including current membership rolls as defined in Rule .0202 of this Section and all past membership lists of the group. The failure to submit these membership rolls is sufficient grounds to deny the petition.

(7) The Petitioner may submit additional petition documentation and materials throughout the petition process until such time as a recognition decision is made by the full Commission, as described in this Rule.

(8) The Recognition Committee shall conduct initial review of petition and shall notify Petitioner of preliminary findings and deficiencies.

(9) Upon receipt of the Recognition Committee's preliminary findings, Petitioner shall have 180 days in which to respond, in writing, to any deficiencies in the petition noted by the Recognition Committee. Not less than 30 days prior to the expiration of the initial response period, Petitioner may request and be granted an additional 180 days to respond. If requested, the additional response period shall commence on the 181st day after the receipt of the Recognition Committee's preliminary findings. No further requests for additional time shall be granted.

(10) The Recognition Committee shall conduct a hearing to consider the petition, including Petitioner's responses to all deficiencies initially noted.

(11) The Recognition Committee shall introduce its recommendation at the next Commission meeting. Further Commission action shall not take place until the second Commission meeting after the Recognition Committee's decision.

(12) If the Recognition Committee's recommendation is against recognizing the Petitioner, within 30 days following the receipt of that recommendation the Petitioner may request and be granted a hearing before the full Commission. If a request for a hearing is made, the hearing shall not take place prior to the next regularly scheduled quarterly Commission of Indian Affairs meeting. In the event that a Petitioner does not request a hearing within 30 days, the petition is deemed withdrawn.

(13) At a subsequent meeting after the Recognition Committee's recommendation is introduced, the Commission may, as permitted by these rules, request additional information, conduct additional hearings, approve or deny the petition, or return the petition to the Recognition Committee if it has received additional information.

(14) A decision by the full Commission regarding State recognition shall be rendered by a majority of members present and voting (abstentions not counted) at a duly constituted meeting.

(15) If the Commission's decision is for recognition, the group is recognized as an American Indian tribe by the State. Thereafter, the Commission shall explain all services available to the tribe through the Commission.

(16) If the decision is against recognition, the Petitioner may appeal to the Office of Administrative Hearings for a hearing pursuant to G.S. 150B-23.

(17) A Petitioner may withdraw from the petition process at any time prior to the decision of the full Commission. After a petition is withdrawn, the Petitioner may not initiate a new petition until one year from the date of the withdrawal.

(18) During the petition process, any such other material or documents the Recognition Committee or Commission may request are relevant to the Commission's decision. Any additional materials or documents shall be:

(a) relevant to the recognition decision; or

(b) shall be directly related to recognition requirement deficiencies as outlined by the Recognition Committee or the full Commission.

(19) The Commission shall issue a public notification to the news media in the Petitioner's area, giving notification of the group's status as a State recognized American Indian tribe.

History

• Authority G.S. 143B-406; 150B-23
• Eff. February 11, 1980
• Amended Eff. February 1, 2006; April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 15 .0210 Criteria for Recognition as a Group or Organization {#sec-01-ncac-15-.0210 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0210}

History

• Status: repealed
• Authority G.S. 143B-406
• Eff. February 11, 1980
• Repealed Eff. April 1, 1999.

01 NCAC 15 .0211 Recognition Requirement {#sec-01-ncac-15-.0211 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0211}

History

• Status: repealed
• Authority G.S. 143B-407
• Eff. February 11, 1980
• Amended Eff. April 1, 1999
• Repealed Eff. February 1, 2006.

01 NCAC 15 .0212 Criteria for Recognition as an American Indian Tribe {#sec-01-ncac-15-.0212 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0212}

In deciding whether to grant recognition to petitioner, the Commission shall proceed as follows:

(1) The Petitioner shall demonstrate continuous American Indian identity on a historic basis in satisfying each of these criteria. Documents that shall be used to demonstrate the group's American Indian identity shall include, family bible accounts, baptismal records, and any other material that can substantiate the petitioning group's historic and continuous identification as an American Indian entity. For periods of time where this identification cannot be documented, the Petitioner shall submit a narrative to explain the lack of continuous American Indian identification.

(2) The criteria to be used in the decision whether to extend State recognition as an American Indian tribe are listed below in Subitems (a) through (h).

(a) Traditional North Carolina American Indian names, as they relate to the petitioning group. Surnames among the petitioning group that have been commonly identified as being American Indian since 1790 in the Petitioner's local geographic area shall be considered to be traditional North Carolina American Indian names;

(b) Kinship relationships with other recognized American Indian tribes. Relationships with other recognized American Indian tribes shall be based on the petitioner's identification as an American Indian group or community, and shall be evidenced by historic blood and marriage kinship ties and communal interaction of spiritual, educational, and social institutions; or other cultural relationships between known (recognized) tribal communities and the petitioner's community;

(c) Official records, which may include, birth, church, school, military, medical, local or county government records, or other official records identifying the group as American Indian. Vital records shall also be used in assisting the group's documentation of American Indian identity.

(d) State or federal documents identifying the group as American Indian. Any instance of historic government-to-government relationships between the Petitioner and federal or state governments shall be evidenced;

(e) Anthropological, historical, or genealogical documents identifying the group as American Indian and demonstrating the group's American Indian ancestry;

(f) Identification from State or federally recognized American Indian tribes attesting to the petitioning group's identification as American Indian, based on both the historic and current relationships existing between the tribe and the petitioning group.

(g) Any other documented traditions, customs, legends, etc., that are uniquely American Indian and signify the petitioning group's American Indian heritage;

(h) Participation in grants from sources or programs designated as for American Indian only.

(3) Five of the recognition criteria listed in Item (2) of this Rule must be satisfactorily met to achieve state recognition.

History

• Authority G.S. 143B-406
• Eff. February 11, 1980
• Amended Eff. February 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 15 .0213 Special Committee on Recognition {#sec-01-ncac-15-.0213 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0213}

History

• Status: repealed
• Authority G.S. 143B-406
• Eff. February 11, 1980
• Amended Eff. April 1, 1999; August 1, 1988
• Repealed Eff. February 1, 2006.

01 NCAC 15 .0214 Tribal Roll {#sec-01-ncac-15-.0214 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0214}

History

• Status: repealed
• Authority G.S. 143B-406
• Eff. February 11, 1980
• Amended Eff. April 1, 1999; August 1, 1988
• Repealed Eff. February 1, 2006.

01 NCAC 15 .0301 Petition for Rulemaking Hearings {#sec-01-ncac-15-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0301}

History

• Status: expired
• Authority G.S. 143B-406; 150B-12(a)(2); 150B-16
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0302 Contents of Petition {#sec-01-ncac-15-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0302}

History

• Status: expired
• Authority G.S. 143B-406; 150B-12(a)(2); 150B-16
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0303 Disposition of Petitions {#sec-01-ncac-15-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0303}

History

• Status: expired
• Authority G.S. 143B-406; 150B-12(a)(2); 150B-16
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0304 Timing of Notice {#sec-01-ncac-15-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0304}

History

• Status: expired
• Authority G.S. 143B-406; 150B-12(a)(2); 150B-16
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0305 Notice Mailing List {#sec-01-ncac-15-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0305}

History

• Status: repealed
• Authority G.S. 143B-406; 150B-12(b)
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. July 1, 1988.

01 NCAC 15 .0306 Additional Information {#sec-01-ncac-15-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0306}

History

• Status: expired
• Authority G.S. 143B-406; 150B-12
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0401 Request to Participate {#sec-01-ncac-15-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0401}

History

• Status: expired
• Authority G.S. 143B-10; 143B-406; 150B-12; 150B-12(a); 150B-12(e)
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0402 Contents of Request: General Time Limitations {#sec-01-ncac-15-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0402}

History

• Status: expired
• Authority G.S. 143B-10; 143B-406; 150B-12; 150B-12(a); 150B-12(e)
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0403 Receipt of Request: Specific Time Limits {#sec-01-ncac-15-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0403}

History

• Status: expired
• Authority G.S. 143B-10; 143B-406; 150B-12; 150B-12(a); 150B-12(e)
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0404 Written Submissions {#sec-01-ncac-15-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0404}

History

• Status: expired
• Authority G.S. 143B-10; 143B-406; 150B-12; 150B-12(a); 150B-12(e)
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0405 Presiding Officer: Powers and Duties {#sec-01-ncac-15-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0405}

History

• Status: expired
• Authority G.S. 143B-10; 143B-406; 150B-12; 150B-12(a); 150B-12(e)
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0406 Statement of Reasons for Decision {#sec-01-ncac-15-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0406}

History

• Status: expired
• Authority G.S. 143B-10; 143B-406; 150B-12; 150B-12(a); 150B-12(e)
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0407 Record of Proceedings {#sec-01-ncac-15-.0407 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0407}

History

• Status: expired
• Authority G.S. 143B-10; 143B-406; 150B-12; 150B-12(a); 150B-12(e)
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0408 Temporary Rules {#sec-01-ncac-15-.0408 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0408}

History

• Status: repealed
• Authority G.S. 143B-406; 150B-13
• Eff. November 1, 1976
• Repealed Eff. August 1, 1988.

01 NCAC 15 .0501 Subjects of Declaratory Rulings {#sec-01-ncac-15-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0501}

History

• Status: expired
• Authority G.S. 143B-406; 150B-12(e); 150B-17
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0502 Submission of Request for Ruling {#sec-01-ncac-15-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0502}

History

• Status: expired
• Authority G.S. 143B-406; 150B-12(e); 150B-17
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0503 Disposition of Requests {#sec-01-ncac-15-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0503}

History

• Status: expired
• Authority G.S. 143B-406; 150B-12(e); 150B-17
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0504 Record of Decision {#sec-01-ncac-15-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0504}

History

• Status: expired
• Authority G.S. 143B-406; 150B-12(e); 150B-17
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0505 Definition {#sec-01-ncac-15-.0505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0505}

History

• Status: expired
• Authority G.S. 143B-406; 150B-12(e); 150B-17
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0601 Right to Hearing {#sec-01-ncac-15-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0601}

History

• Status: repealed
• Authority G.S. 1A-1, Rule 24; 143B-406; 150B-2(2); 150B-23; 150B-23(a); 150B-32
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

01 NCAC 15 .0602 Request for Hearing {#sec-01-ncac-15-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0602}

History

• Status: repealed
• Authority G.S. 1A-1, Rule 24; 143B-406; 150B-2(2); 150B-23; 150B-23(a); 150B-32
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

01 NCAC 15 .0603 Granting or Denying Hearing Requests {#sec-01-ncac-15-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0603}

History

• Status: repealed
• Authority G.S. 1A-1, Rule 24; 143B-406; 150B-2(2); 150B-23; 150B-23(a); 150B-32
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

01 NCAC 15 .0604 Notice of Hearing {#sec-01-ncac-15-.0604 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0604}

History

• Status: repealed
• Authority G.S. 1A-1, Rule 24; 143B-406; 150B-2(2); 150B-23; 150B-23(a); 150B-32
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

01 NCAC 15 .0605 Who Shall Hear Contested Cases {#sec-01-ncac-15-.0605 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0605}

History

• Status: repealed
• Authority G.S. 1A-1, Rule 24; 143B-406; 150B-2(2); 150B-23; 150B-23(a); 150B-32
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

01 NCAC 15 .0606 Petition for Intervention {#sec-01-ncac-15-.0606 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0606}

History

• Status: repealed
• Authority G.S. 1A-1, Rule 24; 143B-406; 150B-2(2); 150B-23; 150B-23(a); 150B-32
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

01 NCAC 15 .0607 Types of Intervention {#sec-01-ncac-15-.0607 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0607}

History

• Status: repealed
• Authority G.S. 1A-1, Rule 24; 143B-406; 150B-2(2); 150B-23; 150B-23(a); 150B-32
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

01 NCAC 15 .0701 Failure to Appear {#sec-01-ncac-15-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0701}

History

• Status: repealed
• Authority G.S. 143B-406; 146B-406; 150B-25(a); 150B-27; 150B-33(5); 150B-43
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

01 NCAC 15 .0702 Simplification of Issues {#sec-01-ncac-15-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0702}

History

• Status: repealed
• Authority G.S. 143B-406; 146B-406; 150B-25(a); 150B-27; 150B-33(5); 150B-43
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

01 NCAC 15 .0703 Subpoenas {#sec-01-ncac-15-.0703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0703}

History

• Status: repealed
• Authority G.S. 143B-406; 146B-406; 150B-25(a); 150B-27; 150B-33(5); 150B-43
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

01 NCAC 15 .0704 Final Decisions in Administrative Hearings {#sec-01-ncac-15-.0704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 15 .0704}

History

• Status: repealed
• Authority G.S. 143B-406; 146B-406; 150B-25(a); 150B-27; 150B-33(5); 150B-43
• Eff. November 1, 1976
• Amended Eff. February 27, 1979
• Repealed Eff. August 1, 1988.

Chapter 16 Child Day Care (Repealed)

01 NCAC 16 .0101 Purpose {#sec-01-ncac-16-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0101}

History

• Status: repealed
• Authority G.S. 110-88; 143B-10; 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0102 Delegation to Director {#sec-01-ncac-16-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0102}

History

• Status: repealed
• Authority G.S. 110-88; 143B-10; 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0103 Staff Organization {#sec-01-ncac-16-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0103}

History

• Status: repealed
• Authority G.S. 110-85; 110-86; 110-105; 143B-10; 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0104 Inspections {#sec-01-ncac-16-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0104}

History

• Status: repealed
• Authority G.S. 110-85; 110-86; 110-105; 143B-10; 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0201 Type of License {#sec-01-ncac-16-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0201}

History

• Status: repealed
• Authority G.S. 110-9(3); 110-88(2); 110-88(7); 110-91 through 110-93(b)
• 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0202 Issuance of Initial License {#sec-01-ncac-16-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0202}

History

• Status: repealed
• Authority G.S. 110-9(3); 110-88(2); 110-88(7); 110-91 through 110-93(b)
• 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0203 Completion of Forms {#sec-01-ncac-16-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0203}

History

• Status: repealed
• Authority G.S. 110-9(3); 110-88(2); 110-88(7); 110-91 through 110-93(b)
• 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0204 Failure to Meet Standards {#sec-01-ncac-16-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0204}

History

• Status: repealed
• Authority G.S. 110-9(3); 110-88(2); 110-88(7); 110-91 through 110-93(b)
• 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0205 Building Plans {#sec-01-ncac-16-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0205}

History

• Status: repealed
• Authority G.S. 110-9(3); 110-88(2); 110-88(7); 110-91 through 110-93(b)
• 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0206 Floor Plans {#sec-01-ncac-16-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0206}

History

• Status: repealed
• Authority G.S. 110-9(3); 110-88(2); 110-88(7); 110-91 through 110-93(b)
• 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0207 Provisional Licenses {#sec-01-ncac-16-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0207}

History

• Status: repealed
• Authority G.S. 110-9(3); 110-88(2); 110-88(7); 110-91 through 110-93(b)
• 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0208 Change of Owner {#sec-01-ncac-16-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0208}

History

• Status: repealed
• Authority G.S. 110-9(3); 110-88(2); 110-88(7); 110-91 through 110-93(b)
• 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0209 Change of Location {#sec-01-ncac-16-.0209 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0209}

History

• Status: repealed
• Authority G.S. 110-9(3); 110-88(2); 110-88(7); 110-91 through 110-93(b)
• 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0210 Changes Affecting the Status of a License {#sec-01-ncac-16-.0210 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0210}

History

• Status: repealed
• Authority G.S. 110-9(3); 110-88(2); 110-88(7); 110-91 through 110-93(b)
• 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0211 Minimum Space Requirements {#sec-01-ncac-16-.0211 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0211}

History

• Status: repealed
• Authority G.S. 110-9(3); 110-88(2); 110-88(7); 110-91 through 110-93(b)
• 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0212 Staff-Child Ratio {#sec-01-ncac-16-.0212 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0212}

History

• Status: repealed
• Authority G.S. 110-9(3); 110-88(2); 110-88(7); 110-91 through 110-93(b)
• 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0213 Programs Subject to Licensure {#sec-01-ncac-16-.0213 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0213}

History

• Status: repealed
• Authority G.S. 110-86(3)
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0214 Programs Not Required to Obtain a License {#sec-01-ncac-16-.0214 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0214}

History

• Status: repealed
• Authority G.S. 110-86(3)
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0301 Sanitation Standards {#sec-01-ncac-16-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0301}

History

• Status: repealed
• Authority G.S. 110-91; 110-92; 150A-14
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0302 Definitions {#sec-01-ncac-16-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0302}

History

• Status: repealed
• Authority G.S. 110-91; 110-92
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0303 Approval of Plans {#sec-01-ncac-16-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0303}

History

• Status: repealed
• Authority G.S. 110-91; 110-92
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0304 Inspections and Reports {#sec-01-ncac-16-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0304}

History

• Status: repealed
• Authority G.S. 110-91; 110-92
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0305 Reinspection: Visits {#sec-01-ncac-16-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0305}

History

• Status: repealed
• Authority G.S. 110-91; 110-92
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0306 Scoring: Score Sheet {#sec-01-ncac-16-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0306}

History

• Status: repealed
• Authority G.S. 110-91; 110-92
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0307 Procedure When Infection Suspected {#sec-01-ncac-16-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0307}

History

• Status: repealed
• Authority G.S. 110-91; 110-92
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0308 Severability {#sec-01-ncac-16-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0308}

History

• Status: repealed
• Authority G.S. 110-91; 110-92
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0309 Approval: Adoption and Effective Date {#sec-01-ncac-16-.0309 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0309}

History

• Status: repealed
• Authority G.S. 110-91; 110-92
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0401 Health and Safety Program {#sec-01-ncac-16-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0401}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0402 Medical Consultant {#sec-01-ncac-16-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0402}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0403 Staff Responsibilities {#sec-01-ncac-16-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0403}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0404 Communication and Transportation {#sec-01-ncac-16-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0404}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0405 Insurance {#sec-01-ncac-16-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0405}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0501 Health and Other Health Related Standards for Staff {#sec-01-ncac-16-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0501}

History

• Status: repealed
• Authority G.S. 110-91(1),(2),(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0502 Prevention and Spread of Diseases {#sec-01-ncac-16-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0502}

History

• Status: repealed
• Authority G.S. 110-91(1),(2),(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0503 Substitute Staff and Volunteers {#sec-01-ncac-16-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0503}

History

• Status: repealed
• Authority G.S. 110-91(1),(2),(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985; January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0504 Age Qualifications for Staff {#sec-01-ncac-16-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0504}

History

• Status: repealed
• Authority G.S. 110-91(8)
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0601 General Provisions {#sec-01-ncac-16-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0601}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0602 Medical Care {#sec-01-ncac-16-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0602}

History

• Status: repealed
• Authority G.S. 110-91(1)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0603 Emergency Care {#sec-01-ncac-16-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0603}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Amended Eff. September 1, 1977
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0604 Medications {#sec-01-ncac-16-.0604 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0604}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Amended Eff. September 1, 1977
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0605 Infectious Diseases {#sec-01-ncac-16-.0605 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0605}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Amended Eff. September 1, 1977
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0606 Power to Restrict {#sec-01-ncac-16-.0606 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0606}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Amended Eff. September 1, 1977
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0607 General Health Care {#sec-01-ncac-16-.0607 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0607}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Amended Eff. September 1, 1977
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0608 Discipline {#sec-01-ncac-16-.0608 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0608}

History

• Status: repealed
• Authority G.S. 143B-375
• Eff. February 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0701 General Provisions {#sec-01-ncac-16-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0701}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0702 Feeding Requirements {#sec-01-ncac-16-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0702}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0703 Utensils and Containers {#sec-01-ncac-16-.0703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0703}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0704 Drinking Water {#sec-01-ncac-16-.0704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0704}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0705 Diapers {#sec-01-ncac-16-.0705 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0705}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0706 Out-of-Door Activities {#sec-01-ncac-16-.0706 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0706}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0707 Supervision {#sec-01-ncac-16-.0707 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0707}

History

• Status: repealed
• Authority G.S. 110-91(1),(2); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0801 Small Group Day Care Facilities {#sec-01-ncac-16-.0801 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0801}

History

• Status: repealed
• Authority G.S. 110-91(4); 143B-375; 150A-14
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0802 Type of Construction Required {#sec-01-ncac-16-.0802 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0802}

History

• Status: repealed
• Authority G.S. 110-91(4)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0901 Day Care Centers {#sec-01-ncac-16-.0901 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0901}

History

• Status: repealed
• Authority G.S. 110-91(4); 143B-375; 150A-14
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .0902 Construction: Children Under and Over Three Years Old {#sec-01-ncac-16-.0902 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0902}

History

• Status: repealed
• Authority G.S. 110-91(4); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. July 1, 1979
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0903 Exit Details {#sec-01-ncac-16-.0903 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0903}

History

• Status: repealed
• Authority G.S. 110-91(4); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. July 1, 1979
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0904 Fire Protection Requirements {#sec-01-ncac-16-.0904 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0904}

History

• Status: repealed
• Authority G.S. 110-91(4); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. July 1, 1979
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0905 Operating Features {#sec-01-ncac-16-.0905 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0905}

History

• Status: repealed
• Authority G.S. 110-91(4); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. July 1, 1979
• Repealed Eff. February 1, 1985.

01 NCAC 16 .0906 Facilities for the Physically Handicapped {#sec-01-ncac-16-.0906 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .0906}

History

• Status: repealed
• Authority G.S. 110-91(4); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. July 1, 1979
• Repealed Eff. February 1, 1985.

01 NCAC 16 .1001 Day Care Facilities in Operation {#sec-01-ncac-16-.1001 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1001}

History

• Status: repealed
• Authority G.S. 110-91(4); 143B-375; 150A-14
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. February 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1002 No Violations of State Building Code 12/09/85 {#sec-01-ncac-16-.1002 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1002}

History

• Status: repealed
• Authority G.S. 110-91(4)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .1003 Alternative Requirements {#sec-01-ncac-16-.1003 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1003}

History

• Status: repealed
• Authority G.S. 110-91(4)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .1004 Additional Requirements {#sec-01-ncac-16-.1004 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1004}

History

• Status: repealed
• Authority G.S. 110-91(4)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .1101 Administration: Purposes and Goals {#sec-01-ncac-16-.1101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1101}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1102 Administration: Policies {#sec-01-ncac-16-.1102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1102}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1103 Record Keeping {#sec-01-ncac-16-.1103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1103}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1104 Physical Facility and Equipment {#sec-01-ncac-16-.1104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1104}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1105 Equipment {#sec-01-ncac-16-.1105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1105}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1106 Safety {#sec-01-ncac-16-.1106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1106}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1107 Health {#sec-01-ncac-16-.1107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1107}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1108 Sanitation {#sec-01-ncac-16-.1108 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1108}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1109 Director or Operator {#sec-01-ncac-16-.1109 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1109}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1110 Staff {#sec-01-ncac-16-.1110 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1110}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1111 Staff Education Requirements {#sec-01-ncac-16-.1111 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1111}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1112 Auxiliary Staff Requirements {#sec-01-ncac-16-.1112 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1112}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1113 Grouping and Staffing Ratios in Facility; Over 16 Children {#sec-01-ncac-16-.1113 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1113}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1114 Grouping and Staffing Ratios in Facility; 6 to 16 Children {#sec-01-ncac-16-.1114 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1114}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1115 Other Staff Requirements {#sec-01-ncac-16-.1115 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1115}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1116 Staff Development {#sec-01-ncac-16-.1116 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1116}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1117 Program {#sec-01-ncac-16-.1117 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1117}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1118 Physical Facilities for Infant Care {#sec-01-ncac-16-.1118 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1118}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1119 Furnishings and Equipment for Infant Care {#sec-01-ncac-16-.1119 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1119}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1120 Program for Infant Care {#sec-01-ncac-16-.1120 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1120}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1121 Staffing {#sec-01-ncac-16-.1121 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1121}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1122 Infant Care Health and Safety {#sec-01-ncac-16-.1122 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1122}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1123 School Age Program {#sec-01-ncac-16-.1123 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1123}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1124 Parent Involvement {#sec-01-ncac-16-.1124 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1124}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1125 Family Service Program {#sec-01-ncac-16-.1125 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1125}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1126 Night Care {#sec-01-ncac-16-.1126 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1126}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1127 Transportation {#sec-01-ncac-16-.1127 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1127}

History

• Status: repealed
• Authority G.S. 110-88(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. April 1, 1979; January 1, 1978
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1201 Petitions for the Adoption: Amendment: or Repeal of a Rule {#sec-01-ncac-16-.1201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1201}

History

• Status: repealed
• Authority G.S. 150A-12; 150A-16
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1202 Notice {#sec-01-ncac-16-.1202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1202}

History

• Status: repealed
• Authority G.S. 150A-12; 150A-16
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1203 Location {#sec-01-ncac-16-.1203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1203}

History

• Status: repealed
• Authority G.S. 150A-12(d),(e)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .1204 Oral Presentations {#sec-01-ncac-16-.1204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1204}

History

• Status: repealed
• Authority G.S. 150A-11; 150A-12(a)(3); 150A-12(d),(e); 150A-13; 150A-17
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1205 Written Presentations {#sec-01-ncac-16-.1205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1205}

History

• Status: repealed
• Authority G.S. 150A-11; 150A-12(a)(3); 150A-12(d),(e); 150A-13; 150A-17
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1206 Control of Hearing {#sec-01-ncac-16-.1206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1206}

History

• Status: repealed
• Authority G.S. 150A-11; 150A-12(a)(3); 150A-12(d),(e); 150A-13; 150A-17
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1207 Record {#sec-01-ncac-16-.1207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1207}

History

• Status: repealed
• Authority G.S. 150A-11; 150A-12(a)(3); 150A-12(d),(e); 150A-13; 150A-17
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1208 Emergency Rules {#sec-01-ncac-16-.1208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1208}

History

• Status: repealed
• Authority G.S. 150A-11; 150A-12(a)(3); 150A-12(d),(e); 150A-13; 150A-17
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1209 Declaratory Ruling {#sec-01-ncac-16-.1209 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1209}

History

• Status: repealed
• Authority G.S. 150A-11; 150A-12(a)(3); 150A-12(d),(e); 150A-13; 150A-17
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1301 Two Types of Hearings {#sec-01-ncac-16-.1301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1301}

History

• Status: repealed
• Authority G.S. 110-93(d); 110-94 to 110-96; 143B-10; 143B-369; 143B-375
• 150A-23; 150A-25; 150A-27; 150A-35 to 150A-37
• Eff. February 1, 1976
• Repealed Eff. November 1, 1977.

01 NCAC 16 .1302 Commencement of Show Cause Hearing {#sec-01-ncac-16-.1302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1302}

History

• Status: repealed
• Authority G.S. 110-93(d); 110-94 to 110-96; 143B-10; 143B-369; 143B-375
• 150A-23; 150A-25; 150A-27; 150A-35 to 150A-37
• Eff. February 1, 1976
• Repealed Eff. November 1, 1977.

01 NCAC 16 .1303 Commencement of an Appeal Hearing {#sec-01-ncac-16-.1303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1303}

History

• Status: repealed
• Authority G.S. 110-93(d); 110-94 to 110-96; 143B-10; 143B-369; 143B-375
• 150A-23; 150A-25; 150A-27; 150A-35 to 150A-37
• Eff. February 1, 1976
• Repealed Eff. November 1, 1977.

01 NCAC 16 .1304 Notification {#sec-01-ncac-16-.1304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1304}

History

• Status: repealed
• Authority G.S. 110-93(d); 110-94 to 110-96; 143B-10; 143B-369; 143B-375
• 150A-23; 150A-25; 150A-27; 150A-35 to 150A-37
• Eff. February 1, 1976
• Repealed Eff. November 1, 1977.

01 NCAC 16 .1305 Appeal Hearing Panel {#sec-01-ncac-16-.1305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1305}

History

• Status: repealed
• Authority G.S. 110-93(d); 110-94 to 110-96; 143B-10; 143B-369; 143B-375
• 150A-23; 150A-25; 150A-27; 150A-35 to 150A-37
• Eff. February 1, 1976
• Repealed Eff. November 1, 1977.

01 NCAC 16 .1306 Subpoenas {#sec-01-ncac-16-.1306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1306}

History

• Status: repealed
• Authority G.S. 110-93(d); 110-94 to 110-96; 143B-10; 143B-369; 143B-375
• 150A-23; 150A-25; 150A-27; 150A-35 to 150A-37
• Eff. February 1, 1976
• Repealed Eff. November 1, 1977.

01 NCAC 16 .1307 Recording of Hearings {#sec-01-ncac-16-.1307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1307}

History

• Status: repealed
• Authority G.S. 110-93(d); 110-94 to 110-96; 143B-10; 143B-369; 143B-375
• 150A-23; 150A-25; 150A-27; 150A-35 to 150A-37
• Eff. February 1, 1976
• Repealed Eff. November 1, 1977.

01 NCAC 16 .1308 Transcripts {#sec-01-ncac-16-.1308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1308}

History

• Status: repealed
• Authority G.S. 110-93(d); 110-94 to 110-96; 143B-10; 143B-369; 143B-375
• 150A-23; 150A-25; 150A-27; 150A-35 to 150A-37
• Eff. February 1, 1976
• Repealed Eff. November 1, 1977.

01 NCAC 16 .1309 Continuance {#sec-01-ncac-16-.1309 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1309}

History

• Status: repealed
• Authority G.S. 110-93(d); 110-94 to 110-96; 143B-10; 143B-369; 143B-375
• 150A-23; 150A-25; 150A-27; 150A-35 to 150A-37
• Eff. February 1, 1976
• Repealed Eff. November 1, 1977.

01 NCAC 16 .1310 Failure to Appear {#sec-01-ncac-16-.1310 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1310}

History

• Status: repealed
• Authority G.S. 110-93(d); 110-94 to 110-96; 143B-10; 143B-369; 143B-375
• 150A-23; 150A-25; 150A-27; 150A-35 to 150A-37
• Eff. February 1, 1976
• Repealed Eff. November 1, 1977.

01 NCAC 16 .1311 Ex Parte Communications {#sec-01-ncac-16-.1311 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1311}

History

• Status: repealed
• Authority G.S. 110-93(d); 110-94 to 110-96; 143B-10; 143B-369; 143B-375
• 150A-23; 150A-25; 150A-27; 150A-35 to 150A-37
• Eff. February 1, 1976
• Repealed Eff. November 1, 1977.

01 NCAC 16 .1312 Final Agency Decision {#sec-01-ncac-16-.1312 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1312}

History

• Status: repealed
• Authority G.S. 110-93(d); 110-94 to 110-96; 143B-10; 143B-369; 143B-375
• 150A-23; 150A-25; 150A-27; 150A-35 to 150A-37
• Eff. February 1, 1976
• Repealed Eff. November 1, 1977.

01 NCAC 16 .1313 Definitions {#sec-01-ncac-16-.1313 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1313}

History

• Status: repealed
• Authority G.S. 143B-375; 150A-2
• Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1314 Right to Show Compliance {#sec-01-ncac-16-.1314 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1314}

History

• Status: repealed
• Authority G.S. 150A-3(b)
• Eff. November 1, 1977
• Repealed Eff. February 1, 1985.

01 NCAC 16 .1315 Failure to Applicants to Meet Standards {#sec-01-ncac-16-.1315 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1315}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1316 Failure to Maintain Standards {#sec-01-ncac-16-.1316 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1316}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1317 Failure to Submit Timely, Sufficient Renewal Application {#sec-01-ncac-16-.1317 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1317}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1318 Other Agency Actions: Notice of Proposed Action {#sec-01-ncac-16-.1318 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1318}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1319 Failure to Serve Notice {#sec-01-ncac-16-.1319 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1319}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1320 Requests for a Hearing {#sec-01-ncac-16-.1320 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1320}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1321 Waiver {#sec-01-ncac-16-.1321 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1321}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1322 Notice of Hearing {#sec-01-ncac-16-.1322 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1322}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1323 Who Shall Hear {#sec-01-ncac-16-.1323 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1323}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1324 Intervention {#sec-01-ncac-16-.1324 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1324}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1325 Issuance of Subpoenas {#sec-01-ncac-16-.1325 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1325}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1326 Discovery {#sec-01-ncac-16-.1326 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1326}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1327 Simplification of Issues {#sec-01-ncac-16-.1327 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1327}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1328 Hearing Procedure {#sec-01-ncac-16-.1328 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1328}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1329 Prohibition of Ex Parte Communications {#sec-01-ncac-16-.1329 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1329}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1330 The Final Agency Decision or Order {#sec-01-ncac-16-.1330 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1330}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1331 Requests for Transcripts {#sec-01-ncac-16-.1331 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1331}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1332 Injunctions {#sec-01-ncac-16-.1332 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1332}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1333 Judicial Review {#sec-01-ncac-16-.1333 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1333}

History

• Status: repealed
• Authority G.S. 110-88(5),(9); 110-90(4),(6); 110-104; 143B-375; 150A-2(2)
• 150A-3(b); 150A-23(b),(c),(d); 150A-25; 150A-27; 150A-28; 150A-31; 150A-35; 150A-36
• 150A-37; 150A-43
• Eff. November 1, 1977
• Amended Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1401 Information Sheet {#sec-01-ncac-16-.1401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1401}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1402 Self-Check Form {#sec-01-ncac-16-.1402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1402}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1403 Sanitation Standards Evaluation Form {#sec-01-ncac-16-.1403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1403}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1404 Building Inspection Report: Small Group Facilities {#sec-01-ncac-16-.1404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1404}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1405 Building Inspection Report: More Than 15 Children {#sec-01-ncac-16-.1405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1405}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1406 Building Inspection Report: Operating Prior to 4/1/72 {#sec-01-ncac-16-.1406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1406}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1407 Fire Inspection Report {#sec-01-ncac-16-.1407 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1407}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1408 Child's Application for Day Care {#sec-01-ncac-16-.1408 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1408}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1409 Children's Medical Report {#sec-01-ncac-16-.1409 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1409}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1410 Staff Medical Report {#sec-01-ncac-16-.1410 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1410}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1411 The Attendance Report for Children {#sec-01-ncac-16-.1411 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1411}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1412 The Report on Staff {#sec-01-ncac-16-.1412 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1412}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1413 Where to Obtain Forms {#sec-01-ncac-16-.1413 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1413}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1414 Use of Forms .1408 to .1412 {#sec-01-ncac-16-.1414 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1414}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1415 Retention of Forms and Reports by an Operator {#sec-01-ncac-16-.1415 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1415}

History

• Status: repealed
• Authority G.S. 110-91(9); 143B-375
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1501 Renewal Licenses {#sec-01-ncac-16-.1501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1501}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1502 Registration of Day Care Plans {#sec-01-ncac-16-.1502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1502}

History

• Status: repealed
• Authority G.S. 110-88(7)
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1503 Educational Programs {#sec-01-ncac-16-.1503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1503}

History

• Status: repealed
• Authority G.S. 110-88(3),(7),(8); 110-90(7); 143B-375
• Eff. February 1, 1976
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1982
• Repealed Eff. February 1, 1985.

01 NCAC 16 .1504 Protection of Outdoor Play Areas {#sec-01-ncac-16-.1504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1504}

History

• Status: repealed
• Authority G.S. 110-88(5); 110-91(6); 143B-375(2)
• Eff. September 1, 1977
• Readopted Eff. November 1, 1977
• Amended Eff. January 1, 1985; January 1, 1982
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1505 Pre-School Programs in Public and Non-Public Schools {#sec-01-ncac-16-.1505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1505}

History

• Status: repealed
• Authority G.S. 143B-375(2); 110-86(2); 110-88(5)
• Eff. September 1, 1977
• Readopted Eff. November 1, 1977
• Repealed Eff. January 1, 1985.

01 NCAC 16 .1506 Definition of Day Care Plan {#sec-01-ncac-16-.1506 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1506}

History

• Status: repealed
• Authority G.S. 110-86(4); 110-88(5); 143B-375
• Eff. November 1, 1977
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1507 School-Age Child {#sec-01-ncac-16-.1507 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1507}

History

• Status: repealed
• Authority G.S. 110-88(5); 143B-375
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1508 Definition of Supervisor {#sec-01-ncac-16-.1508 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1508}

History

• Status: repealed
• Authority G.S. 110-88(5); 143B-375
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1509 Operator's After-School Children {#sec-01-ncac-16-.1509 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1509}

History

• Status: repealed
• Authority G.S. 110-88(5); 143B-375
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1601 Purpose {#sec-01-ncac-16-.1601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1601}

History

• Status: repealed
• Authority G.S. 110-88(3),(5); 143B-375; 150A-11; 150A-14; 150A-28
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1602 Definition {#sec-01-ncac-16-.1602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1602}

History

• Status: repealed
• Authority G.S. 110-88(3),(5); 143B-375; 150A-11; 150A-14; 150A-28
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1603 Registration of Day Care Plans {#sec-01-ncac-16-.1603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1603}

History

• Status: repealed
• Authority G.S. 110-88(3),(5); 143B-375; 150A-11; 150A-14; 150A-28
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1604 Failure to Meet and Maintain Requirements {#sec-01-ncac-16-.1604 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1604}

History

• Status: repealed
• Authority G.S. 110-88(3),(5); 143B-375; 150A-11; 150A-14; 150A-28
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1605 Requirements for Registration {#sec-01-ncac-16-.1605 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1605}

History

• Status: repealed
• Authority G.S. 110-88(3),(5); 143B-375; 150A-11; 150A-14; 150A-28
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1606 Forms {#sec-01-ncac-16-.1606 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1606}

History

• Status: repealed
• Authority G.S. 110-88(3),(5); 143B-375; 150A-11; 150A-14; 150A-28
• Eff. January 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1701 Purpose {#sec-01-ncac-16-.1701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1701}

History

• Status: repealed
• Authority G.S. 143B-175
• Eff. February 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1702 Definition {#sec-01-ncac-16-.1702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1702}

History

• Status: repealed
• Authority G.S. 143B-175
• Eff. February 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1703 Medical Examination Reports: Immunization Records {#sec-01-ncac-16-.1703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1703}

History

• Status: repealed
• Authority G.S. 143B-175
• Eff. February 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1704 Beds: Cots: Mats and Linens {#sec-01-ncac-16-.1704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1704}

History

• Status: repealed
• Authority G.S. 143B-175
• Eff. February 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1705 Attendance Records {#sec-01-ncac-16-.1705 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1705}

History

• Status: repealed
• Authority G.S. 143B-175
• Eff. February 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1706 Building Approval for School-Age Only Care {#sec-01-ncac-16-.1706 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1706}

History

• Status: repealed
• Authority G.S. 143B-175
• Eff. February 1, 1985
• Repealed Eff. January 1, 1986.

01 NCAC 16 .1707 Outdoor Play Area {#sec-01-ncac-16-.1707 omnilex-key=us-nc-regs-official--title-01--01 NCAC 16 .1707}

History

• Status: repealed
• Authority G.S. 143B-175
• Eff. February 1, 1985
• Repealed Eff. January 1, 1986.

Chapter 17 Council for Women

01 NCAC 17 .0101 Role of Council {#sec-01-ncac-17-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0101}

History

• Status: repealed
• Authority G.S. 143B-393; 143B-394
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0102 Rule Making {#sec-01-ncac-17-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0102}

History

• Status: repealed
• Authority G.S. 143B-393; 143B-394
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0103 Staff Support {#sec-01-ncac-17-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0103}

History

• Status: repealed
• Authority G.S. 143B-393; 143B-394
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0104 Location {#sec-01-ncac-17-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0104}

History

• Status: repealed
• Authority G.S. 143B-393; 143B-394
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0201 Purpose {#sec-01-ncac-17-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0201}

History

• Status: repealed
• Authority G.S. 143-340(14); 143B-10; 143B-393; 143B-394.1 through 143B-394.3
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0202 Clearinghouse and Resource Center {#sec-01-ncac-17-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0202}

History

• Status: repealed
• Authority G.S. 143-340(14); 143B-10; 143B-393; 143B-394.1 through 143B-394.3
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0203 Coordination Within State Government {#sec-01-ncac-17-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0203}

History

• Status: repealed
• Authority G.S. 143-340(14); 143B-10; 143B-393; 143B-394.1 through 143B-394.3
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0204 Cooperation with Private Sector {#sec-01-ncac-17-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0204}

History

• Status: repealed
• Authority G.S. 143-340(14); 143B-10; 143B-393; 143B-394.1 through 143B-394.3
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0301 Coordinator: Services for Victims of Sexual Assault {#sec-01-ncac-17-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0301}

History

• Status: repealed
• Authority G.S. 143-340(14); 143B-10; 143B-393; 143B-394.1 through 132B-394.3
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0302 State Coordinator {#sec-01-ncac-17-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0302}

History

• Status: repealed
• Authority G.S. 143-340(14); 143B-10; 143B-393; 143B-394.1 through 132B-394.3
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0303 Staff Support {#sec-01-ncac-17-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0303}

History

• Status: repealed
• Authority G.S. 143-340(14); 143B-10; 143B-393; 143B-394.1 through 132B-394.3
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0304 Duties {#sec-01-ncac-17-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0304}

History

• Status: repealed
• Authority G.S. 143-340(14); 143B-10; 143B-393; 143B-394.1 through 132B-394.3
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0401 Local Councils {#sec-01-ncac-17-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0401}

History

• Status: repealed
• Authority G.S. 143-340(14); 143B-10; 143B-393; 143B-394.1 through 143B-394.3
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0402 Regional Offices {#sec-01-ncac-17-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0402}

History

• Status: repealed
• Authority G.S. 143-340(14); 143B-10; 143B-393; 143B-394.1 through 143B-394.3
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0501 Funding {#sec-01-ncac-17-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0501}

History

• Status: repealed
• Authority G.S. 143B-10; 143-340(14); 143B-393; 143B-394.1 to 143B-394.3
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0502 Programs {#sec-01-ncac-17-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0502}

History

• Status: repealed
• Authority G.S. 143B-10; 143-340(14); 143B-393; 143B-394.1 to 143B-394.3
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0601 Referral of Complaints {#sec-01-ncac-17-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0601}

History

• Status: repealed
• Authority G.S. 143-340(14); 143-422.2; 143-422.3; 143B-10; 143B-393
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0602 Recommendation of Remedies {#sec-01-ncac-17-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0602}

History

• Status: repealed
• Authority G.S. 143-340(14); 143-422.2; 143-422.3; 143B-10; 143B-393
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 17 .0701 Purpose {#sec-01-ncac-17-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0701}

The purpose of the rules in this Section is to set minimum standards of practice for abuser treatment programs for domestic violence offenders.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0702 reserved for future codification {#sec-01-ncac-17-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0702}

01 NCAC 17 .0703 Procedure for Abuser Treatment Program Approval {#sec-01-ncac-17-.0703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0703}

(a) In addition to initial approval, each abuser treatment program shall be reviewed annually by the Commission.

(b) In order to be approved, an abuser treatment program shall complete and submit an original and four copies of the approval application to the Commission for review. Applications may be obtained by contacting the Commission staff at 1320 Mail Service Center, Raleigh, NC 27699-1320, or by telephone at 919-733-2455, or by downloading the application at www.doa.state.nc.us;/doa/cfw/cfw.htm.

(c) The Domestic Violence Commission shall approve applications semi-annually in March and September.

(d) As part of its application, a program shall demonstrate community support by submitting three letters of support from among the following: a local domestic violence victim program; a local domestic violence task force or coalition; or a local governmental agency that is directly associated with the problem of domestic violence (e.g., a local department of social services, district attorney's office, or law enforcement agency). Letters of support shall not be from agencies organizationally affiliated with the abuser treatment program.

(e) Every abuser treatment program shall provide documentation and assurances that it shall adhere to all program rules and program structure set out in this Section at the time of the submission of its application to the Commission. If a program is not in full compliance with any rule, its application shall be returned to the applicant with any rule deficiencies noted. Any deficiencies shall be corrected before the application is approved. If any deficiencies are not corrected during the review period for which the application was submitted, the program shall reapply in full at the next review period in order to be approved.

(f) Before approving an abuser treatment program, the Commission may perform a site visit.

(g) Each abuser treatment program submitting an application for approval shall receive a notice from the Commission indicating its approval status.

(h) The Commission shall maintain the list of all approved abuser treatment programs and shall notify each District Court Judge and each Clerk of Superior Court of those approved programs semi-annually.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0704 Intake and Assessment {#sec-01-ncac-17-.0704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0704}

(a) All abuser treatment programs shall establish and comply with written policies and procedures regarding abuser intake and assessment.

(b) Intake: A comprehensive intake and assessment shall be administered to all participants. The intake shall include:

(1) family and social history;

(2) medical health history;

(3) relationship history;

(4) history of violent, abusive, and controlling behavior;

(5) history of past criminal behavior;

(6) substance abuse history and screening;

(7) assessment of participant's cognitive or social skills;

(8) any other factors that might interfere with the participation in a group program; and

(9) lethality assessment.

(c) Lethality Assessment: Because of the severity of injuries and the number of deaths caused by domestic violence, lethality assessment shall be ongoing and not limited to intake. A lethality assessment shall include the following indicators of increased lethality risk:

(1) violence that increases in severity, frequency, and specificity;

(2) a high degree of ownership that the abuser expresses regarding the victim;

(3) violation of court orders and conditions of probation;

(4) change in access to and relationship with victim;

(5) accessibility to weapons, especially firearms;

(6) life stressors (e.g., divorce, chronic illness, death of loved one, and unemployment);

(7) frequent or severe intoxication from alcohol or other drugs;

(8) threatened or attempted homicide or suicide;

(9) stalking behavior;

(10) history of holding victim captive;

(11) pet abuse;

(12) victim making plans to leave or has already left;

(13) extreme isolation of the victim;

(14) increased level of risk-taking by the abuser;

(15) history of sexual assault;

(16) acute mental health problems, including depression and anti-social behavior;

(17) past use of weapons or objects;

(18) strangulation behaviors; and

(19) violence in the family of origin.

(d) Abuser treatment programs shall also provide initial and ongoing referral services for participants who have concurrent substance abuse, medical, or mental health problems.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017

01 NCAC 17 .0705 Victim Safety {#sec-01-ncac-17-.0705 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0705}

All abuser treatment programs shall establish and comply with written policies and procedures regarding victim safety. These policies and procedures shall include the following:

(1) The program shall make good faith attempts, which shall be documented, to make contact with the victim upon the participant's enrollment in the program. This contact must include information about the program and its limitations, victim confidentiality, and local resources for victims. The program shall attempt, in collaboration with the victim service agency, to contact the victim when the program participant has completed half of the sessions, and at termination, unless the victim declines contact or is unable to be located.

(2) Program participants and persons who have been victimized by those participants may receive direct services from the same agency. In those instances, the same staff person or volunteer shall not provide services to both parties.

(3) All information about or from the victim shall be kept confidential from the program participant, except with written permission from the victim.

(4) The program shall not schedule victims' groups and abuser treatment groups to occur simultaneously at the same facility.

(5) The abuser treatment program shall network with its local victim services program and have a current memorandum of understanding regarding cooperation with that program in place.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0706 Program Structure {#sec-01-ncac-17-.0706 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0706}

All abuser treatment programs shall establish and comply with written policies and procedures regarding program structure. These policies and procedures shall include the following:

(1) Treatment shall be provided in group sessions unless same gender, age, geographic or language restrictions apply. Individual counseling sessions are not permitted in place of group sessions but may be provided as supplemental to group treatment.

(2) Group Composition:

(a) Each group shall have at least two facilitators per session if the size of the group exceeds eight participants.

(b) Each group shall have no more than 16 participants.

(c) Female participants who are referred to the program shall not attend or be enrolled in groups with male participants.

(3) Program Length:

(a) All abuser treatment programs shall provide intervention for a total of 39 hours of group treatment over a minimum period of 26 weeks.

(b) The 39 hours of group treatment shall be completed within 30 weeks.

(c) Each group session shall last at least one and one-half hours.

(4) Fees: Programs shall establish locally-determined fees.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0707 Abuser Treatment Program Curriculum {#sec-01-ncac-17-.0707 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0707}

All abuser treatment programs shall establish and comply with a written program curriculum. Written curricula shall define topics and content of sessions and shall include the following:

(1) identification of all forms of physical, emotional, economic, sexual and verbal abuse and violence;

(2) impact of domestic violence on the victim and the abuser;

(3) impact of domestic violence on children including children who are abused and children who witness domestic violence;

(4) emphasis on the responsibility of the batterer for his or her violence and abuse;

(5) identification of the personal, societal, and cultural values and beliefs that legitimize and sustain violence and oppression;

(6) alternatives to violence and controlling behaviors;

(7) identification of healthy relationships;

(8) promotion of accountability, self-examination, negotiation, and fairness;

(9) the relationship between substance abuse and domestic violence;

(10) the relationship between mental illness and domestic violence; and

(11) identification of the behavioral, emotional, and physical cues that precede escalating violence.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0708 Prohibited Activities {#sec-01-ncac-17-.0708 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0708}

(a) The following methods shall not be used by abuser treatment programs:

(1) couples therapy or counseling;

(2) any therapy or counseling which places the responsibility for adult behavior on the children or the victim;

(3) any theoretical approaches that treat the violence as a mutual process; and

(4) any counseling models that identify the violence as an addiction and the children or adult victim as enabling or codependent.

(b) The following methods shall not be the primary focus of intervention:

(1) techniques that lay primary causality on anger;

(2) theories or techniques that identify poor impulse control as the primary cause of the violence;

(3) methods that identify psychopathology on either parties' part as a primary cause of violence;

(4) interventions that base causation on a lack of communication skills; or

(5) the gradual containment or de-escalation of violence.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0709 Participant Termination {#sec-01-ncac-17-.0709 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0709}

(a) Participant Termination: All abuser treatment programs shall establish and comply with written policies and procedures for terminating participants from further participation in the program. Without limiting a program's ability to make more stringent requirements, termination may occur when a participant:

(1) has a known recurrence of violent conduct, intimidation, stalking or harassment behaviors;

(2) fails to abide by the program rules and regulations, including absences and any other matter set forth in these standards;

(3) fails to participate and attend sessions according to the program criteria;

(4) fails to comply with the program's alcohol and drug policy; or

(5) demonstrates increased risk of lethality as demonstrated by the lethality assessment.

(b) If a participant is terminated from the abuser treatment program, the program shall:

(1) document the reasons for the termination without jeopardizing the victim's safety;

(2) make specific recommendations to the probation officer or referring judge, including any alternatives such as weekend incarceration, community service hours, restitution, probation violation, or return to the program;

(3) inform the victim of the participant's termination within two days, unless the victim declines contact or is unable to be located;

(4) inform the program from which the victim is receiving domestic violence services of the participant's termination within seven days;

(5) complete a risk assessment with the victim and make efforts to assist the victim in minimizing violence that may occur after the participant's termination, unless the victim declines contact or is unable to be located; and

(6) inform the probation officer and referring judge (or the Chief District Court Judge in the absence of the referring judge) and District Attorney's Office in writing of the participant's termination within seven days.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017

01 NCAC 17 .0710 Program Assessment {#sec-01-ncac-17-.0710 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0710}

Programs shall submit quarterly statistical reports to the Commission to include a tracking of participants received by, accepted into and completing the program; the sources of referral; an analysis of completion rates and reasons for termination; an analysis of contacts with participants' victimized partners; and an assessment of program impact, including but not limited to re-offense rates.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0711 Provision of Direct Services {#sec-01-ncac-17-.0711 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0711}

All programs shall establish written policies and procedures for determining qualifications for all staff, consultants, or volunteers delivering direct services to participants. These policies shall address situations in which individuals have committed domestic violence and the program's guidelines for determining whether the conduct undermines the integrity of the program or will interfere with the individual's performance. All programs shall have a pre-service and continuing education plan for staff, consultants and volunteers.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0712 Continuing Education {#sec-01-ncac-17-.0712 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0712}

The program shall require that group facilitators receive a minimum of 6 hours per year of continuing education or training on domestic violence. The program shall require that Direct Service Staff, including staff conducting assessments, receive a minimum of 20 hours per year of continuing education or training on domestic violence. This training may be obtained through a combination of internal (i.e., presented within the agency as an in-service) and external sources (i.e., regional or state conferences).

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0713 Participant Confidentiality {#sec-01-ncac-17-.0713 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0713}

(a) All abuser treatment programs shall establish and comply with written policies and procedures regarding participant confidentiality and provide notice of the policies and procedures to all who provide direct services and those with access to participant records. Except as noted in Paragraph (b) of this Rule, program staff shall not disclose, without the participant's consent, any confidential communications made by a participant to the program staff during the course of the program.

(b) Exceptions to Confidentiality: All participant information shall be kept strictly confidential except under the following conditions:

(1) When a participant makes an overt or covert threat to harm self or others, the program staff shall warn the potential victim and law enforcement personnel. The program staff shall promptly contact the partner, any other potential victim, and law enforcement if the staff member believes someone is at risk. If the victim cannot be reached, the staff may contact the Commission or any local victim services program that may provide assistance in locating the victim. The program shall undertake ongoing assessment of the risk of danger to the victim, the children, or the participant him or herself. (See Rule 01 NCAC 17 .0704(c) regarding lethality assessment.)

(2) If a participant is suspected of child abuse or neglect, program staff shall report such abuse or neglect to the director of social services in the county where the juvenile resides pursuant to G.S. 7B-301.

(3) If a participant has been mandated to an abuser treatment program by a judge, program staff shall release information about acceptance to, attendance, compliance with program rules and guidelines, behavior in group, and current abuse or threats of abuse to an officer of the court, a probation officer, or a judge.

(4) The program shall notify or make good faith attempts which shall be documented to notify the person identified as the victim of abuse of the participant's acceptance or rejection for enrollment in the abuser treatment program for the dual purposes of ensuring the safety of victims and providing information about the program.

(5) The program may disclose information about a participant when the participant or his or her heirs, executors or administrators file a suit or complaint against the abuser treatment program that arises out of or is connected with the services rendered or denied to such participant by the program.

(c) Waiver of Confidentiality: Information may be shared according to the terms of Waivers of Confidentiality that may be signed by the participant in the course of the program.

(d) Group Confidentiality: All abuser treatment program counseling and educational groups are confidential and closed to those other than participants, program staff, and other professionals necessary for the functioning of program services. Those providing services to the deaf, offering language translation and interpretation, or bringing information critical to the curriculum to the group may attend at the staff's discretion. Other people who wish to visit, including newspaper reporters, grant-makers, and the participant's family and friends may attend only when the participants unanimously agree to a visit, and upon a written warning by the staff that the program shall not be responsible for any breach of confidentiality. Program staff shall advise visitors and participants of the confidentiality policy and require visitors to execute an agreement not to disclose identity of participants or participant-specific information except as they receive written permission to do so.

(e) Separate Records: The abuser treatment program shall maintain separate locked files for participants and victims. There shall be no commingling of confidential information in victim and participant records.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0714 Victim Confidentiality {#sec-01-ncac-17-.0714 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0714}

All abuser treatment programs shall keep all information provided by the victim confidential unless the victim gives written permission for the program to release the information. All information received by the victim shall be kept in separate files from the participant's files. If the victim tells the abuser treatment program that the participant has committed a new offense, the treatment program shall encourage the victim to contact:

(1) appropriate law enforcement; and

(2) the local victim services program or other support services.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0715 Abuser Treatment Program Investigations and Removal from Approved List {#sec-01-ncac-17-.0715 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0715}

(a) A person who believes that an approved abuser treatment program has violated any provision of the Rules in this Section may file a written complaint with the Commission. The Commission may also initiate proceedings under this Rule without a third party complaint having been filed.

(b) The Commission shall dismiss any complaint it finds is unfounded, frivolous, or trivial.

(c) Unless the complaint is dismissed, pursuant to Paragraph (b) of this Rule, the Commission shall notify the program of the complaint in writing. Such notice shall be sent by certified mail with return receipt requested. The notice shall state the alleged facts as contained in the complaint, or may enclose a copy of the complaint, and shall contain a request that the program submit an answer in writing within 20 days from the date the notice of the complaint is received by the abuser treatment program.

(d) If the abuser treatment program acknowledges the violations in the complaint, the Commission shall accept the admission and shall issue a First Notice of Violation. Upon First Notice of Violation, the abuser treatment program shall enter into a probationary period. An abuser treatment program that is not in compliance with this Section shall have 60 days to bring its program into compliance.

(e) If the abuser treatment program does not respond to or denies the violations, the Commission shall investigate the allegations contained in the complaint. The program shall be given another opportunity to respond to the Commission's concerns. If the Commission finds that the program is in violation, the Commission shall issue a First Notice of Violation as in Paragraph (d) of this Rule.

(f) The Commission shall maintain the complaint, evidence, investigative findings, and disposition of each matter. If a First Notice of Violation has been issued, the Commission shall determine if the abuser treatment program has come into compliance within 60 days. If the abuser treatment program is still not in compliance as determined by the Commission, the Commission shall issue a Second Notice of Violation to the program, setting forth an additional 60 days for correcting the violations.

(g) If the Commission determines that the abuser treatment program is still not in compliance at the end of the time set forth in the Second Notice of Violation, the Commission shall remove the program from the list of approved programs effective as of the first day of the next calendar quarter and issue a Letter of Termination to the program. District court judges and clerks of court for the prosecutorial districts served by the program shall be notified immediately by Commission staff of the termination.

(h) All participants in a terminated abuser treatment program shall be remanded back to the referring court for referral to another program or other action deemed appropriate by the court. Any program so terminated may reapply to the Commission for inclusion on the approval list no sooner than the next application period.

(i) When a program is terminated from the approved list, the Commission shall notify relevant domestic violence and sexual assault agencies and North Carolina Providers of Abuser Treatment.

(j) All abuser treatment programs shall comply with any reporting requirements and requests for information regarding statistics and other data as set out in the rule in this Section. Failure to comply with reporting deadlines and requests for information as set out in the rule in this Section shall result in a program being deemed noncompliant, which shall lead to termination and removal from the approved abuser treatment program list.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0716 Right to Access {#sec-01-ncac-17-.0716 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0716}

The Commission or any of its authorized representatives may have access to any books, documents, papers, participant or other records of any applicant abuser treatment program needed to make a determination during the approval process or any time thereafter unless otherwise protected by law. The right to access only relates to records regarding the program component governed by these rules and does not include other agency records.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017

01 NCAC 17 .0717 Recordkeeping, Documentation, and Reports {#sec-01-ncac-17-.0717 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0717}

In all instances where the rules in this Section require abuser treatment programs to establish and comply with written policies and procedures, the program shall maintain documents and records demonstrating compliance with the requirements imposed by these Rules.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 17 .0718 Equal Opportunity {#sec-01-ncac-17-.0718 omnilex-key=us-nc-regs-official--title-01--01 NCAC 17 .0718}

(a) The Commission shall not discriminate against any abuser treatment program or its providers because of age, race, sex, creed, color, national origin, or disabling condition.

(b) No approved abuser treatment program shall deny services to any participant or its providers because of age, race, sex, creed, color, national origin, or disabling condition.

History

• Authority G.S. 50B-3(a)(12); 143B-394.16
• Eff. October 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

Chapter 19 Youth Involvement

Subchapter A

01 NCAC 19A .0101 Role of Council {#sec-01-ncac-19a-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19A .0101}

History

• Status: repealed
• Authority G.S. 143B-385 to 143B-388
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 19A .0102 Staff Support {#sec-01-ncac-19a-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19A .0102}

History

• Status: repealed
• Authority G.S. 143B-385 to 143B-388
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 19A .0103 Election of Youth Members {#sec-01-ncac-19a-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19A .0103}

Election of 10 youth members of the Youth Advisory Council shall be held in May at the State Youth Council's annual convention. Five seniors and five juniors shall be elected.

(1) Youth members are to be representative of:

(a) organized youth groups in the state,

(b) geographic areas of the state,

(c) economic and ethnic groups of the state;

(2) Prospective youth members are to have demonstrated or have potential leadership qualities.

Youth members elected in May shall have the privilege of attending meetings of the council and assignment to committees with the right of discussion but without the right of vote until their terms of office begin in July.

History

• Authority G.S. 143B-394.25 through 143B-394.28
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.

01 NCAC 19A .0104 Staff Organization {#sec-01-ncac-19a-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19A .0104}

History

• Status: repealed
• Authority G. S. 143B-386 through 143B-388
• Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 19A .0105 State Youth Council {#sec-01-ncac-19a-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19A .0105}

History

• Status: repealed
• Authority G. S. 143B-386 through 143B-388
• Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 19A .0201 Organization {#sec-01-ncac-19a-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19A .0201}

History

• Status: repealed
• Authority G.S. 143B-386 through 143B-388
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 19A .0202 Location and Office Hours {#sec-01-ncac-19a-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19A .0202}

History

• Status: repealed
• Authority G.S. 143B-386 through 143B-388
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 19A .0301 Functions and Duties {#sec-01-ncac-19a-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19A .0301}

History

• Status: repealed
• Authority G.S. 143B-418 through 143B-419
• Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 19A .0302 Staff Organization {#sec-01-ncac-19a-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19A .0302}

History

• Status: repealed
• Authority G.S. 143B-418 through 143B-419
• Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

Subchapter B

01 NCAC 19B .0101 Authority and Purpose {#sec-01-ncac-19b-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19B .0101}

History

• Status: repealed
• G.S. 143B-10; Exec. Order No. 27
• Temporary Rule Eff. May 2, 1988 For a Period of 180 Days to Expire on October 29, 1988
• Eff. October 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 19B .0102 Requests for Information by the Public {#sec-01-ncac-19b-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19B .0102}

History

• Status: repealed
• G.S. 143B-10; Exec. Order No. 27
• Temporary Rule Eff. May 2, 1988 For a Period of 180 Days to Expire on October 29, 1988
• Eff. October 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 19B .0103 Confidentiality of Client Information {#sec-01-ncac-19b-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19B .0103}

History

• Status: repealed
• G.S. 143B-10; Exec. Order No. 27
• Temporary Rule Eff. May 2, 1988 For a Period of 180 Days to Expire on October 29, 1988
• Eff. October 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 19B .0201 Selection Criteria {#sec-01-ncac-19b-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19B .0201}

History

• Status: repealed
• G.S. 143B-10; Exec. Order No. 27
• Temporary Rule Eff. May 2, 1988 For a Period of 180 Days to Expire on October 29, 1988
• Eff. October 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 19B .0301 Schedule {#sec-01-ncac-19b-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19B .0301}

History

• Status: repealed
• G.S. 143B-10; Exec. Order No. 27
• Temporary Rule Eff. May 2, 1988 For a Period of 180 Days to Expire on October 29, 1988
• Eff. October 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 19B .0302 Response {#sec-01-ncac-19b-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19B .0302}

History

• Status: repealed
• G.S. 143B-10; Exec. Order No. 27
• Temporary Rule Eff. May 2, 1988 For a Period of 180 Days to Expire on October 29, 1988
• Eff. October 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 19B .0303 Audit {#sec-01-ncac-19b-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 19B .0303}

History

• Status: repealed
• G.S. 143B-10; Exec. Order No. 27
• Temporary Rule Eff. May 2, 1988 For a Period of 180 Days to Expire on October 29, 1988
• Eff. October 1, 1988
• Repealed Eff. December 1, 2012.

Chapter 20 Deferred Compensation Plan (Repealed)

01 NCAC 20 .0101 Authorization {#sec-01-ncac-20-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 20 .0101}

History

• Status: repealed
• Authority G.S. 147-9.4; Executive Order Number XII, November 12, 1974
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 20 .0102 Board of Trustees {#sec-01-ncac-20-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 20 .0102}

History

• Status: repealed
• Authority G.S. 147-9.4; Executive Order Number XII, November 12, 1974
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 20 .0103 Duties of the Board of Trustees {#sec-01-ncac-20-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 20 .0103}

History

• Status: repealed
• Authority G.S. 147-9.4; Executive Order Number XII, November 12, 1974
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 20 .0104 Rule-Making Authority {#sec-01-ncac-20-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 20 .0104}

History

• Status: repealed
• Authority G.S. 147-9.4; Executive Order Number XII, November 12, 1974
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 20 .0201 Definitions {#sec-01-ncac-20-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 20 .0201}

History

• Status: repealed
• Authority G.S. 147-9.4; Executive Order Number XII, November 12, 1974
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 20 .0202 Election to Defer Unearned Compensation {#sec-01-ncac-20-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 20 .0202}

History

• Status: repealed
• Authority G.S. 147-9.4; Executive Order Number XII, November 12, 1974
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 20 .0203 Accounts and Reports {#sec-01-ncac-20-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 20 .0203}

History

• Status: repealed
• Authority G.S. 147-9.4; Executive Order Number XII, November 12, 1974
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 20 .0204 Investment of Deferred Amount {#sec-01-ncac-20-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 20 .0204}

History

• Status: repealed
• Authority G.S. 147-9.4; Executive Order Number XII, November 12, 1974
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 20 .0205 Benefits {#sec-01-ncac-20-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 20 .0205}

History

• Status: repealed
• Authority G.S. 147-9.4; Executive Order Number XII, November 12, 1974
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 20 .0206 Administration of Plan {#sec-01-ncac-20-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 20 .0206}

History

• Status: repealed
• Authority G.S. 147-9.4; Executive Order Number XII, November 12, 1974
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 20 .0207 Broad Powers and Absolute Safeguards to the Employer {#sec-01-ncac-20-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 20 .0207}

History

• Status: repealed
• Authority G.S. 147-9.4; Executive Order Number XII, November 12, 1974
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Chapter 21 Administrative Analysis

Subchapter A

01 NCAC 21A .0101 Purpose Policy and Procedures {#sec-01-ncac-21a-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0101}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0102 Organization {#sec-01-ncac-21a-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0102}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0103 Location {#sec-01-ncac-21a-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0103}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0201 Initiation of Study {#sec-01-ncac-21a-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0201}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0202 Special Skills {#sec-01-ncac-21a-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0202}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0203 Reports {#sec-01-ncac-21a-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0203}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0301 Written Request for Assistance {#sec-01-ncac-21a-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0301}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0302 Proposal Letter {#sec-01-ncac-21a-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0302}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0303 Conduct the Study {#sec-01-ncac-21a-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0303}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0304 Report Draft {#sec-01-ncac-21a-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0304}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0305 Clearance with Office of Administrative Analysis Director {#sec-01-ncac-21a-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0305}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0306 Clearance with Agency Head {#sec-01-ncac-21a-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0306}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0307 Finalize Report {#sec-01-ncac-21a-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0307}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 21A .0308 Implementation {#sec-01-ncac-21a-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21A .0308}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

Subchapter B

01 NCAC 21B .0101 Purpose {#sec-01-ncac-21b-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21B .0101}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 21B .0102 Policy {#sec-01-ncac-21b-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21B .0102}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 21B .0103 Organization {#sec-01-ncac-21b-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21B .0103}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 21B .0104 Location {#sec-01-ncac-21b-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21B .0104}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 21B .0201 Consulting Services {#sec-01-ncac-21b-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21B .0201}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 21B .0202 Programs and Systems Administration {#sec-01-ncac-21b-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21B .0202}

History

• Status: repealed
• Authority G.S. 143-341(5)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Subchapter C

01 NCAC 21C .0101 Purpose {#sec-01-ncac-21c-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21C .0101}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 21C .0102 Operation {#sec-01-ncac-21c-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21C .0102}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Subchapter E

01 NCAC 21E .0101 Mission {#sec-01-ncac-21e-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21E .0101}

History

• Status: repealed
• Authority Executive Order Number 13
• Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 21E .0102 Functions {#sec-01-ncac-21e-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21E .0102}

History

• Status: repealed
• Authority Executive Order Number 13
• Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

Subchapter F

01 NCAC 21F .0101 Purpose {#sec-01-ncac-21f-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0101}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0102 Definitions {#sec-01-ncac-21f-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0102}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0201 Full Time Employees {#sec-01-ncac-21f-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0201}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0202 Part-Time and Temporary Employees {#sec-01-ncac-21f-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0202}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0203 Suggestion Eligibility {#sec-01-ncac-21f-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0203}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0204 Suggester Eligibility {#sec-01-ncac-21f-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0204}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0205 Responsibility of Executive Secretary {#sec-01-ncac-21f-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0205}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0301 General Provisions {#sec-01-ncac-21f-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0301}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0302 Monetary Awards {#sec-01-ncac-21f-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0302}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0303 Non-Monetary Awards {#sec-01-ncac-21f-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0303}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0304 Special Awards {#sec-01-ncac-21f-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0304}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0401 Employment Status {#sec-01-ncac-21f-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0401}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0402 Administrative Review {#sec-01-ncac-21f-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0402}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0403 Discrimination {#sec-01-ncac-21f-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0403}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0404 Taxes {#sec-01-ncac-21f-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0404}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0405 File Review and Copy {#sec-01-ncac-21f-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0405}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0501 Policy Changes {#sec-01-ncac-21f-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0501}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0502 Claims Against the State {#sec-01-ncac-21f-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0502}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0503 Termination Rights {#sec-01-ncac-21f-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0503}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 21F .0504 Use of Ideas {#sec-01-ncac-21f-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 21F .0504}

History

• Status: repealed
• Authority G.S. 143-340(1)
• Eff. December 1, 1988
• Repealed Eff. December 1, 2012.

Chapter 22 Clean Water Bond Act (Repealed)

01 NCAC 22 .0101 Purpose {#sec-01-ncac-22-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0101}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; January 1, 1980
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0102 Definitions {#sec-01-ncac-22-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0102}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988; January 1, 1980
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0201 General {#sec-01-ncac-22-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0201}

History

• Status: repealed
• Authority G.S. 133-24; S.L. 1977, Ch. 677; S.L. 1981, Ch. 909, s.8, s.14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Legislative Objection Lodged Eff. September 20, 1982 (Rules .0205, .0207)
• Amended Eff. October 1, 1982
• Curative Amended Eff. October 28, 1982
• Amended Eff. August 1, 1988; July 1, 1987
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0202 Pollution Control Account {#sec-01-ncac-22-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0202}

History

• Status: repealed
• Authority G.S. 133-24; S.L. 1977, Ch. 677; S.L. 1981, Ch. 909, s.8, s.14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Legislative Objection Lodged Eff. September 20, 1982 (Rules .0205, .0207)
• Amended Eff. October 1, 1982
• Curative Amended Eff. October 28, 1982
• Amended Eff. August 1, 1988; July 1, 1987
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0203 Water Supply Systems Account {#sec-01-ncac-22-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0203}

History

• Status: repealed
• Authority G.S. 133-24; S.L. 1977, Ch. 677; S.L. 1981, Ch. 909, s.8, s.14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Legislative Objection Lodged Eff. September 20, 1982 (Rules .0205, .0207)
• Amended Eff. October 1, 1982
• Curative Amended Eff. October 28, 1982
• Amended Eff. August 1, 1988; July 1, 1987
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0204 Grant Limitations {#sec-01-ncac-22-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0204}

History

• Status: repealed
• Authority G.S. 133-24; S.L. 1977, Ch. 677; S.L. 1981, Ch. 909, s.8, s.14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Legislative Objection Lodged Eff. September 20, 1982 (Rules .0205, .0207)
• Amended Eff. October 1, 1982
• Curative Amended Eff. October 28, 1982
• Amended Eff. August 1, 1988; July 1, 1987
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0205 Eligible Applicants {#sec-01-ncac-22-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0205}

History

• Status: repealed
• Authority G.S. 133-24; S.L. 1977, Ch. 677; S.L. 1981, Ch. 909, s.8, s.14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Legislative Objection Lodged Eff. September 20, 1982 (Rules .0205, .0207)
• Amended Eff. October 1, 1982
• Curative Amended Eff. October 28, 1982
• Amended Eff. August 1, 1988; July 1, 1987
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0206 Eligible Projects and Project Costs {#sec-01-ncac-22-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0206}

History

• Status: repealed
• Authority G.S. 133-24; S.L. 1977, Ch. 677; S.L. 1981, Ch. 909, s.8, s.14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Legislative Objection Lodged Eff. September 20, 1982 (Rules .0205, .0207)
• Amended Eff. October 1, 1982
• Curative Amended Eff. October 28, 1982
• Amended Eff. August 1, 1988; July 1, 1987
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0207 Applications {#sec-01-ncac-22-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0207}

History

• Status: repealed
• Authority G.S. 133-24; S.L. 1977, Ch. 677; S.L. 1981, Ch. 909, s.8, s.14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Legislative Objection Lodged Eff. September 20, 1982 (Rules .0205, .0207)
• Amended Eff. October 1, 1982
• Curative Amended Eff. October 28, 1982
• Amended Eff. August 1, 1988; July 1, 1987
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0208 Environmental Assessment {#sec-01-ncac-22-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0208}

History

• Status: repealed
• Authority G.S. 133-24; S.L. 1977, Ch. 677; S.L. 1981, Ch. 909, s.8, s.14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Legislative Objection Lodged Eff. September 20, 1982 (Rules .0205, .0207)
• Amended Eff. October 1, 1982
• Curative Amended Eff. October 28, 1982
• Amended Eff. August 1, 1988; July 1, 1987
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0209 Determination of Eligibility {#sec-01-ncac-22-.0209 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0209}

History

• Status: repealed
• Authority G.S. 133-24; S.L. 1977, Ch. 677; S.L. 1981, Ch. 909, s.8, s.14
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Legislative Objection Lodged Eff. September 20, 1982 (Rules .0205, .0207)
• Amended Eff. October 1, 1982
• Curative Amended Eff. October 28, 1982
• Amended Eff. August 1, 1988; July 1, 1987
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0301 Public Notices {#sec-01-ncac-22-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0301}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0302 Hearings {#sec-01-ncac-22-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0302}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0303 Consideration of Information Presented at Hearing {#sec-01-ncac-22-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0303}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0304 General Criteria for Evaluation of Eligible Applications {#sec-01-ncac-22-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0304}

History

• Status: repealed
• Authority c. 909, 1971 S.L., as amended by c. 232, 1973 S.L.
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 22 .0401 General Criteria {#sec-01-ncac-22-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0401}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0402 Criteria for Water Conservation {#sec-01-ncac-22-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0402}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0403 Criteria for Grant Increases {#sec-01-ncac-22-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0403}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0404 Financial Need of Applicant {#sec-01-ncac-22-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0404}

History

• Status: repealed
• Authority c. 909, 1971 S.L., as amended by c. 232, 1973 S.L.
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 22 .0405 Fiscal Responsibility of the Applicant {#sec-01-ncac-22-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0405}

History

• Status: repealed
• Authority c. 909, 1971 S.L., as amended by c. 232, 1973 S.L.
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 22 .0406 Status of Project {#sec-01-ncac-22-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0406}

History

• Status: repealed
• Authority c. 909, 1971 S.L., as amended by c. 232, 1973 S.L.
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 22 .0501 Water Pollution Control Needs {#sec-01-ncac-22-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0501}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0502 Applicable Conditions {#sec-01-ncac-22-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0502}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0503 Service Area Need {#sec-01-ncac-22-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0503}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0504 Financial Need of Applicant {#sec-01-ncac-22-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0504}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0505 Fiscal Responsibility of the Applicant {#sec-01-ncac-22-.0505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0505}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0506 Status of Project {#sec-01-ncac-22-.0506 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0506}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0601 Public Need {#sec-01-ncac-22-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0601}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0602 Public Health Need {#sec-01-ncac-22-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0602}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0603 Financial Need of the Applicant {#sec-01-ncac-22-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0603}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0604 Fiscal Responsibility of the Applicant {#sec-01-ncac-22-.0604 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0604}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0605 Financing of the Project {#sec-01-ncac-22-.0605 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0605}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0606 Status of Project {#sec-01-ncac-22-.0606 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0606}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0701 Public Necessity: Health: Safety and Welfare {#sec-01-ncac-22-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0701}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0702 Compatibility with State, Regional and Local Planning {#sec-01-ncac-22-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0702}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0703 Financial Considerations {#sec-01-ncac-22-.0703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0703}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0704 Environmental Assessment {#sec-01-ncac-22-.0704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0704}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0801 Review Periods {#sec-01-ncac-22-.0801 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0801}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0802 Assignment of Priorities {#sec-01-ncac-22-.0802 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0802}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0803 Failure to Qualify for Grant Awards {#sec-01-ncac-22-.0803 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0803}

History

• Status: repealed
• Authority c. 909, 1971 S.L., as amended by c. 232, 1973 S.L.
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 22 .0804 Restrictions; Grants Relating to Federal Grants and Loans {#sec-01-ncac-22-.0804 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0804}

History

• Status: repealed
• Authority c. 909, 1971 S.L., as amended by c. 232, 1973 S.L.
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 22 .0805 Payment of Grants {#sec-01-ncac-22-.0805 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0805}

History

• Status: repealed
• Authority c. 909, 1971 S.L., as amended by c. 232, 1973 S.L.
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 22 .0806 Application of Federal, State and Local Laws {#sec-01-ncac-22-.0806 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0806}

History

• Status: repealed
• Authority c. 909, 1971 S.L., as amended by c. 232, 1973 S.L.
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979.

01 NCAC 22 .0901 Determination of Grant Awards {#sec-01-ncac-22-.0901 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0901}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0902 Certificate of Eligibility for Grant Awards {#sec-01-ncac-22-.0902 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0902}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0903 Failure to Qualify for Grant Awards {#sec-01-ncac-22-.0903 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0903}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0904 Restrictions: Grants Relating to Federal Grants and Loans {#sec-01-ncac-22-.0904 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0904}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0905 Payment of Grants {#sec-01-ncac-22-.0905 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0905}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. January 1, 1980
• Repealed Eff. January 1, 2013.

01 NCAC 22 .0906 Application of Federal, State and Local Laws {#sec-01-ncac-22-.0906 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .0906}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .1001 General Provisions {#sec-01-ncac-22-.1001 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .1001}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .1002 Audit of Projects {#sec-01-ncac-22-.1002 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .1002}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .1101 Annual Reports to the Advisory Budget Commission {#sec-01-ncac-22-.1101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .1101}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .1102 Information and Application Forms {#sec-01-ncac-22-.1102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .1102}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

01 NCAC 22 .1103 Severability {#sec-01-ncac-22-.1103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 22 .1103}

History

• Status: repealed
• Authority S.L. 1977, Ch. 677
• Eff. February 27, 1979
• Repealed Eff. January 1, 2013.

Chapter 23 Regional Water Supply Planning Act of 1971

01 NCAC 23 .0101 Definitions {#sec-01-ncac-23-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 23 .0101}

History

• Status: repealed
• Authority G.S. 162A-24; 162A-20 to 162A-25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 23 .0102 Submission of Application Forms {#sec-01-ncac-23-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 23 .0102}

History

• Status: repealed
• Authority G.S. 162A-24; 162A-20 to 162A-25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 23 .0103 Processing Applications {#sec-01-ncac-23-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 23 .0103}

History

• Status: repealed
• Authority G.S. 162A-24; 162A-20 to 162A-25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 23 .0104 Execution of Planning Advances {#sec-01-ncac-23-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 23 .0104}

History

• Status: repealed
• Authority G.S. 162A-24; 162A-20 to 162A-25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 23 .0105 Submission of the Engineering Report {#sec-01-ncac-23-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 23 .0105}

History

• Status: repealed
• Authority G.S. 162A-24; 162A-20 to 162A-25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 23 .0106 Administration of Outstanding Planning Advance Accounts {#sec-01-ncac-23-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 23 .0106}

History

• Status: repealed
• Authority G.S. 162A-24; 162A-20 to 162A-25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 23 .0107 Responsibilities of State Agencies {#sec-01-ncac-23-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 23 .0107}

History

• Status: repealed
• Authority G.S. 162A-24; 162A-20 to 162A-25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 23 .0108 Severability {#sec-01-ncac-23-.0108 omnilex-key=us-nc-regs-official--title-01--01 NCAC 23 .0108}

History

• Status: repealed
• Authority G.S. 162A-24; 162A-20 to 162A-25
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

Chapter 24 Regional Sewage Disposal Planning Act of 1971

01 NCAC 24 .0101 Definitions {#sec-01-ncac-24-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 24 .0101}

History

• Status: repealed
• Authority G.S. 162A-26 to 162A-30
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 24 .0102 Submission and Processing of Application: Eligibility {#sec-01-ncac-24-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 24 .0102}

History

• Status: repealed
• Authority G.S. 162A-26 to 162A-30
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 24 .0103 Execution of Planning Advances {#sec-01-ncac-24-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 24 .0103}

History

• Status: repealed
• Authority G.S. 162A-26 to 162A-30
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 24 .0104 Submission of Regional Sewage Disposal Plan {#sec-01-ncac-24-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 24 .0104}

History

• Status: repealed
• Authority G.S. 162A-26 to 162A-30
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 24 .0105 Administration of Outstanding Planning Advance Accounts {#sec-01-ncac-24-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 24 .0105}

History

• Status: repealed
• Authority G.S. 162A-26 to 162A-30
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 24 .0106 Responsibilities of State Agencies {#sec-01-ncac-24-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 24 .0106}

History

• Status: repealed
• Authority G.S. 162A-26 to 162A-30
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 24 .0107 Severability {#sec-01-ncac-24-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 24 .0107}

History

• Status: repealed
• Authority G.S. 162A-26 to 162A-30
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

Chapter 25 Environmental Policy Act

01 NCAC 25 .0101 Statement of Purpose {#sec-01-ncac-25-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0101}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0102 Scope {#sec-01-ncac-25-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0102}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0103 Definitions {#sec-01-ncac-25-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0103}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0104 Designation of Lead Agencies {#sec-01-ncac-25-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0104}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0105 Determination: Filing Environmental Impact Statement {#sec-01-ncac-25-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0105}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0106 Procedure for Appeal of Environmental Finding {#sec-01-ncac-25-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0106}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0107 Statement of Purpose {#sec-01-ncac-25-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0107}

This Chapter establishes procedures for compliance with the North Carolina Environmental Policy Act, Article I Chapter 113A of the General Statutes, (NCEPA). NCEPA establishes policy and contains action-forcing provisions for carrying out that policy. Therefore, to the fullest extent possible, all agencies' policies, rules, and regulations shall be interpreted and administered in accordance with the purposes and policy set out in G.S. 113A-2 and 3 and this Chapter. Agencies shall adopt procedures to supplement or to carry out the provisions of this Chapter in a consistent, timely, and expeditious manner including continuous monitoring of all agency actions to assure compatibility with the policies of NCEPA.

History

• Authority G.S. 113A-1 through 113A-20
• Eff. February 1, 1986
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0108 Scope {#sec-01-ncac-25-.0108 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0108}

(a) This Chapter is applicable to any situation where there is:

(1) an expenditure of public monies or use of public land; and

(2) an action by a state agency subject to this Chapter; and

(3) a potential environmental effect upon either natural resources, public health and safety, natural beauty, or historical or cultural elements of the state's common inheritance.

(b) For the purpose of this Chapter:

(1) "Action" includes but is not limited to licensing, certification, permitting, the lending of credit, expenditures of public monies, and other similar final agency decisions the absence of which would preclude the proposed activity. Action does not include the allocation of any public funds transferred in accordance with a statutory or regulatory formula, which leave no discretion to the allocating agency.

Note: This last exception is intended to exclude the following types of revenues: Powell bill, sales tax, intangibles tax, beer and wine taxes, utility franchise taxes, and General Revenue Sharing.

(2) "Environmental effect" includes direct, indirect, and cumulative impacts for the project or program that may be significant, depending upon the manner in which the activity is carried out.

(3) "Public monies" includes all expenditures in support of the proposed activity by federal, state or local or quasi-public entities from whatever source derived, but does not include resources used solely for processing a license, a certificate, or a permit; the lending of credit; or the resources used for the provision of technical services.

(4) "State Project Agency" means the state department or council of state agency which has been designated pursuant to Rule .0210(a) of this Chapter for ensuring compliance with the N.C. Environmental Policy Act.

(5) "State" includes all entities covered by the Executive Budget Act, Article One of the General Statutes, Chapter 143.

(6) "State agencies subject to this Chapter" means:

(A) the Departments listed in G.S. 143B-11;

(B) boards, commissions, committees and councils organized within the Departments listed in G.S. 143B-2;

(C) other departments, boards, commissions, committees and councils which adopt the provisions of this Chapter directly or by reference; and

(D) all entities within the executive branch of state government when a final decision is required by G.S. 113A-5.

(7) The definitions contained in G.S. 113A-1 through G.S. 113A-13 are incorporated by reference.

History

• Authority G.S. 113A-11; S.L. Extra Session 1999-463
• Eff. February 1, 1986
• Amended Eff. May 3, 1993
• Temporary Amendment Eff. April 12, 2000 to expire on January 1, 2003
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0201 Content of the Environmental Impact Statement {#sec-01-ncac-25-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0201}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0202 Content of the Negative Declaration {#sec-01-ncac-25-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0202}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0203 Environmental Questionnaire {#sec-01-ncac-25-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0203}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0204 Delegation of Preparation of Statements {#sec-01-ncac-25-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0204}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0205 Funding of Statements {#sec-01-ncac-25-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0205}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0206 Submission of a Draft Eis or a Negative Declaration {#sec-01-ncac-25-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0206}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0207 Submission of the Final Environmental Impact Statement {#sec-01-ncac-25-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0207}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0208 Establishment of Minimum Criteria by Agencies {#sec-01-ncac-25-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0208}

History

• Status: repealed
• Authority G.S. 113A-1 through 113A-10
• Eff. February 27, 1979
• Repealed Eff. February 1, 1986.

01 NCAC 25 .0209 Administration: Other Agencies' Responsibilities {#sec-01-ncac-25-.0209 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0209}

(a) The Department of Administration (department) shall assist state project agencies in ensuring compliance with the NCEPA.

(b) The Department shall set policy, establish rules and assist in obtaining compliance with the NCEPA. Nothing in these Rules shall be construed as giving the Department the authority, delegated or otherwise, to impinge on the statutory responsibilities that have been given to other cabinet agencies or boards and commissions within those agencies.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0210 Compliance with Procedures {#sec-01-ncac-25-.0210 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0210}

(a) State Project Agency. For each activity subject to this Chapter, one agency must serve as the State Project Agency, and take the responsibility for ensuring compliance with the NCEPA. If more than one state agency is involved, a meeting will be held and voluntary agreement on the State Project Agency responsibility will be sought. Where no agreement is reached among the agencies, the Secretary of the Department, with the advice of the Environmental Policy Act Advisory Committee, shall designate the State Project Agency. The other involved agencies shall be cooperating agencies.

(b) Non-state projects. State agencies may ask federal and local agencies or special purpose units of government and private companies to submit information about the proposed activity where the government or company is involved in planning, construction, or otherwise conducting the proposed activity, and the only state involvement is permit granting or plan approval; however, the State Project Agency is ultimately responsible for compliance with the act.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0211 State Clearinghouse {#sec-01-ncac-25-.0211 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0211}

(a) The Department of Administration shall maintain a clearinghouse to coordinate and administer the requirements of this Chapter.

(b) Among its responsibilities the Clearinghouse shall:

(1) receive and circulate environmental documents for review and comment as provided by these Rules;

(2) forward all comments generated by the review process to the State Project Agency and, where appropriate, prepare a single integrated letter of response;

(3) retain a complete record of environmental documents, review documents, and other substantive materials related to the operation of the Clearinghouse;

(4) train review coordinators from within all state agencies; and

(5) coordinate the establishment of minimum criteria and ensure that thresholds are consistent among all agencies.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. April 1, 1999; May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0212 Environmental Bulletin {#sec-01-ncac-25-.0212 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0212}

(a) The Environmental Bulletin shall be published twice a month by the Clearinghouse and shall contain notice of any filing with the Department of any environmental document, request for establishment of minimum criteria, or other documents and decisions as set out by this Chapter.

(b) The Environmental Bulletin shall be made available to all review agencies and shall be available to local governments, institutions, and individuals upon request.

(c) The Environmental Bulletin shall be available on the Internet at www.doa.state.nc.us /doa/clearing/ebnet.htm. Notices of Availability of documents received for review and comment shall be added daily to the Environmental Bulletin at this website.

History

• Authority G.S. 13A-11
• Eff. February 1, 1986
• Amended Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0213 Environmental Policy Act Advisory Committee {#sec-01-ncac-25-.0213 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0213}

(a) The Secretary of the Department of Administration or a person so designated by the Secretary, shall serve as the Chair of the Environmental Policy Act Advisory Committee.

(b) The purpose of the Committee is to provide technical advice to the Secretary of the Department on environmental issues related to the NCEPA.

(c) The Secretary shall solicit nominations for the Committee from those state departments and other organizations most involved in environmental protection. These include but are not limited to, the Departments of Cultural Resources, Health and Human Services, Environment and Natural Resources, Justice, and Transportation. From the list of nominees, the Secretary shall select the Committee members. The Committee shall consist of no less than seven or more than 13 members.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. April 1, 1999; May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0214 Commenting Agencies {#sec-01-ncac-25-.0214 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0214}

Each state agency shall designate one or more staff members to coordinate the review of environmental documents prepared for compliance with this act.

History

• Authority G.S. 113A-1 through 113A-20
• Eff. February 1, 1986
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0215 Funding of Environmental Documents {#sec-01-ncac-25-.0215 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0215}

Agencies should include the estimated costs of the environmental documentation process in project and program cost estimates and budget requests.

History

• Authority G.S. 113A-1 through 113A-20
• Eff. February 1, 1986
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0301 Minimum Criteria {#sec-01-ncac-25-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0301}

(a) State agencies may choose to establish specific minimum criteria designating minimum levels of environmental impact. Once these criteria have been approved, no filing of environmental documents shall be required for projects whose impacts do not exceed the criteria thresholds.

(b) If an agency establishes minimum criteria, the agency shall review the criteria every five years and revise them as necessary.

(c) All proposed minimum criteria and revisions to minimum criteria shall be approved by the Secretary of Administration prior to an agency's publication of Notice of Text under G.S. 150B establishing or revising such minimum criteria.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0302 Approval of Criteria {#sec-01-ncac-25-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0302}

The following procedures shall be used to gain approval of minimum criteria:

(1) The agency shall prepare a draft list of the minimum criteria, describing the ease of measuring the criteria, and how the criteria predict the environmental impact of projects. The agency shall submit these lists to the Clearinghouse for circulation and review.

(2) Upon receipt of these lists from the agency, the Clearinghouse shall:

(a) solicit written comments on the criteria from interested parties or agencies having expertise or jurisdiction by law, and shall publish a notice of the criteria in the Environmental Bulletin. The period of review is 30 calendar days from the date of publication in the Environmental Bulletin; and

(b) review the criteria to ensure they are consistent with Department of Administration rules and make any necessary recommendations to the agency as to consistency.

(3) If there are no written comments and the criteria are consistent with Department of Administration rules, the criteria shall be approved by the Secretary of Administration.

(4) If there are any written comments on the criteria, the Clearinghouse shall forward all those received to the submitting agency, along with any Clearinghouse recommendations as to consistency.

(5) The agency shall consider all written comments and decide whether to submit a revised list of minimum criteria to the Clearinghouse or whether to continue with its original list.

(a) If the agency submits a revised list, the new list of criteria shall follow the same procedure for solicitation of comments, publication of notice, and consistency review as did the original list. This process shall be continued until the agency decides it no longer wishes to make further amendments to its proposed criteria, or until no further written comment is received.

(b) If the agency decides to continue with its original list or no longer wishes to amend its list as provided for in Rule .0302(5)(a) of this Section, it shall notify the Clearinghouse of that decision.

(6) The Clearinghouse shall recommend to the Secretary of Administration approval or rejection of the final list of minimum criteria based on the consideration of all written comments and the criteria's consistency.

(7) The Clearinghouse shall notify the agency of the Secretary's approval or rejection of its proposed final list of minimum criteria.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. April 1, 1999; May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0303 Revision of Criteria {#sec-01-ncac-25-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0303}

The same process cited in Rule .0302 of this Section for initial adoption of minimum criteria shall be followed by agencies seeking to revise those minimum criteria.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0401 Method of Compliance {#sec-01-ncac-25-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0401}

(a) Unless a project falls below the threshold established in an agency's approved minimum criteria, compliance with this Chapter will be achieved through the preparation of one or more of the following environmental documents:

(1) an environmental assessment (EA);

(2) a finding of no significant impact (FONSI); or

(3) an environmental impact statement (EIS); and

(4) a record of decision (ROD).

(b) The agency responsible for compliance may choose to immediately prepare an EIS.

(c) For all other projects, an EA shall be prepared.

(d) If the EA demonstrates that the project activity will not have a significantly adverse effect on the quality of the environment, the State Project Agency will file a FONSI.

(e) If the environmental assessment demonstrates that the project may result in a significant adverse affect on the quality of the environment, the State Project Agency will file an EIS in accordance with Section .0600 of this Chapter.

(f) Before an activity is commenced for which an EIS has been completed, the State Project Agency will file an ROD as required by Section .0600 of this Chapter.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0402 Document Under Nepa Deemed Adequate {#sec-01-ncac-25-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0402}

If an environmental document is prepared under the provisions of the National Environmental Policy Act (NEPA) for a specific activity, and if that document is reviewed through the Clearinghouse process, then this review shall constitute compliance with the requirements of this Chapter for that activity. If a specific activity has been designated as categorically excluded from the provisions of the National Environmental Policy Act, then the requirements of this Chapter shall have been met for that activity.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0501 Purpose {#sec-01-ncac-25-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0501}

The purpose of the EA is to provide the State Project Agency with a decision making tool to determine if a planned project is of such significance or scope and impact on the environment as to require the preparation of an EIS.

History

• Authority G.S. 113A-1 through 113A-20
• Eff. February 1, 1986
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0502 Content {#sec-01-ncac-25-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0502}

The EA shall include maps and a brief discussion of the following items:

(1) need for the proposed activity,

(2) reasonable alternatives to the recommended course of action,

(3) methods proposed to mitigate or avoid significant adverse environmental impacts, and

(4) environmental effects of the proposed activity and alternatives.

History

• Authority G.S. 113A-1 through 113A-20
• Eff. February 1, 1986
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0503 Format {#sec-01-ncac-25-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0503}

An EA is to be a concise document not to exceed 25 pages, containing the following:

(1) A cover sheet including the name, address and telephone number of the person in the State Project Agency who can supply additional information. The cover sheet shall also contain:

(a) designation of the statement as an EA;

(b) title of the proposed activity that is the subject of the document; and

(c) list of any involved cooperating agencies.

(2) A section for each item listed in Rule .0502 of this Section.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0504 Internal Review {#sec-01-ncac-25-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0504}

(a) Once an EA is prepared, the State Project Agency must decide if it is satisfied as to the completeness of its assessment. If no significant environmental impacts are predicted, the agency may then submit both the EA and FONSI to the Clearinghouse for review.

(b) The agency may choose to submit only the EA and use the comments, if any, to determine how to proceed. If an agency chooses this procedure, the review process for the EA shall be the same as Rule .0506 of this Section for review of an EA or a FONSI. If an agency proceeds with an Environmental Impact Statement, then the review process shall be the same as that in Section .0600 of this Chapter.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended April 1, 1999; May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0505 Content of Fonsi {#sec-01-ncac-25-.0505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0505}

A FONSI shall contain the following information:

(1) a brief narrative description of the proposed activity including a description of the area affected by the proposed activity and a site location map, where appropriate;

(2) a list of probable environmental impacts of the proposed activity;

(3) a list of the reason(s) for concluding that the action will not have a significant adverse effect on the quality of the environment, with reference to any mitigation activities to be carried out, thereby negating the necessity of preparation of an EIS;

(4) a statement that no EIS is to be prepared and that the FONSI completes the environmental review record which is available for inspection at the Clearinghouse.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. April 1, 1999, May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0506 Review Process {#sec-01-ncac-25-.0506 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0506}

(a) The State Project Agency must submit 16 copies of the EA and FONSI to the Clearinghouse, and any additional copies as may be requested. The Clearinghouse shall circulate these documents to state and local officials to obtain comments and shall publish a Notice of Availability in the Environmental Bulletin. In order to have a Notice of Availability published in the Environmental Bulletin, the documents must be submitted to the Clearinghouse no later than noon on the Friday preceding the publication date of the Bulletin. Reading copies shall be made available at the Clearinghouse for any interested parties. The review period is 30 calendar days after publication in the Bulletin.

(b) Each reviewing agency and any interested party may make comments on the adequacy of the documents.

(c) Based on consideration of the comments submitted, the Clearinghouse shall advise the State Project Agency as follows:

(1) the document has been determined to lack sufficient information. Supplemental documentation which provides adequate information should be submitted to the Clearinghouse for review and comment;

(2) the document does not satisfy a finding of no significant impact and an EIS should be prepared;

(3) the document is adequate and the next appropriate level document should be prepared for review; or

(4) the document is adequate and completes the review process requirements for the act.

(d) The State Project Agency may adopt or reject the Clearinghouse's recommendation.

(e) No administrative or judicial review is permitted unless undertaken in connection with review of the agency action. No other review of an environmental document is permitted.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. April 1, 1999; May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0601 Purpose {#sec-01-ncac-25-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0601}

The primary purpose of an EIS is to serve as a decision-making tool to ensure that the purposes and policies defined in G.S. 113A, Article 1 are given full consideration in the ongoing programs and actions of state government. It should provide a full and fair discussion of significant environmental impacts and should inform decision-makers and the public of the reasonable alternatives which would avoid or minimize adverse impacts or enhance the quality of the environment.

History

• Authority G.S. 113A-1 through 113A-20
• Eff. February 1, 1986
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0602 Scoping {#sec-01-ncac-25-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0602}

If an agency determines that an EIS is required on a project, it may choose to request advice from the general public and other agencies on what alternatives and issues should be addressed in the EIS. The agency must submit a copy of a scoping notice to the Clearinghouse, which shall publish the scoping notice in the Environmental Bulletin. The comment period shall be 30 calendar days after publication in the Bulletin.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. April 1, 1999; May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0603 Format and Content {#sec-01-ncac-25-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0603}

Agencies shall use a format for EIS's which will encourage good analysis and clear presentation of all alternatives, including the proposed activity while minimizing length and complexity. These documents shall not exceed 60 pages and shall include 8 1/2" x 11" site location maps. The document shall include the following:

(1) A single cover sheet including the following information:

(a) designation of the document as a draft, supplementary or final statement;

(b) title of the proposed activity that is the subject of the statement;

(c) list of any involved cooperating agencies; and

(d) name, address, and telephone number of the person in the State Project Agency who can supply further information.

(2) An accurate summary of the statement stressing the major conclusions, areas of controversy, and issues to be resolved. The summary shall also list all federal, state, and local permits, licenses, certifications, and other approvals which must be obtained in implementing the proposal. If there is any uncertainty about whether any one of these is necessary, it shall be so indicated.

(3) Purpose and Need. The underlying purpose and need being responded to by the proposed activity.

(4) Alternatives including proposed activity. Based upon information and analysis presented in Items (5) through (8) of this Rule on the affected environment and environmental consequences, the agency shall present the environmental impacts of the alternatives including the proposed activity in comparative form. To the extent possible the comparison of alternatives shall quantify how the purpose and need would be satisfied by each alternative and the proposed activity. This section of the document shall be the heart of the EIS, sharply defining the issues and providing a clear basis for choice among options by decision makers and the public. It shall also:

(a) explore and evaluate all reasonable alternatives, including those not within the jurisdiction of the State Project Agency and the alternative of no action;

(b) discuss the reasons for the elimination of alternatives from detailed study;

(c) identify the agency's preferred alternative(s) in the draft statement and identify such alternatives in the final statement, unless another law prohibits the expression of such a preference;

(d) include appropriate mitigation measures not already included in the alternatives; and

(e) assess the social and economic impacts of each alternative. Impacts shall be quantified for each alternative, where feasible, but when quantification by standard economic tools is not feasible or intangibles are involved, a description of each impact is required.

(5) Affected Environment. The EIS must describe the environment of the area(s) to be affected and the environment to be created by the alternatives under consideration. The description shall be no longer than is necessary to understand the effects of the alternatives. Data and analysis in a statement shall be commensurate with the importance of the impact, with less important material summarized, consolidated, or simply referenced.

(6) Environmental Consequences. This section of the document shall form the scientific and analytic basis for the comparisons under Item (4) of this Rule. It shall include:

(a) direct effects and significance;

(b) indirect effects and significance;

(c) cumulative effects and significance;

(d) the relationship between the short-term uses of the environment involved in the proposed action and the maintenance and enhancement of long-term productivity;

(e) any irreversible and irretrievable environmental changes which would be involved in the proposed action should it be implemented; and

(f) possible conflicts between the proposed activities and the objectives of federal, state, and local plans, policies, and controls for the affected area.

(7) List of Preparers. The EIS shall list the names and qualifications of the persons who were primarily responsible for preparing the EIS.

(8) Appendix. If an appendix is included in an EIS, it shall meet the following requirements:

(a) consist of materials substantiating any analysis fundamental to the principal document, as distinct from material of lesser significance that may accompany the document or be incorporated by reference;

(b) be analytic and relevant to the decision to be made;

(c) not be counted in the EIS 60 page limit; and

(d) be circulated with the EIS or be readily available upon request.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. April 1, 1999; May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0604 Public Hearing {#sec-01-ncac-25-.0604 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0604}

The State Project Agency may hold a public hearing to complement the EIS process where significant public interest is expressed in the proposed activity and where such a hearing would be helpful in increasing public awareness, clarifying the issues, and gathering additional public comment. Notice of the public hearing shall be published in the Environmental Bulletin.

History

• Authority G.S. 113A-1 through 113A-20
• Eff. February 1, 1986
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0605 Review Process {#sec-01-ncac-25-.0605 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0605}

(a) Draft EIS. Sixteen copies and any additional copies as may be requested shall be submitted by the State Project Agency and circulated for comment by the Clearinghouse as set out in Rule .0506 of this Chapter. A Notice of Availability of the EIS shall be printed in the Environmental Bulletin, and a 45 calendar-day period of review after this notice is published shall be allowed.

(b) The Clearinghouse shall forward copies of all comments made by reviewers to the State Project Agency for incorporation in the final document.

(c) Final EIS. The State Project Agency shall submit 16 copies of the final EIS and any additional copies as may be requested to the Clearinghouse. These documents shall be circulated to the original reviewers for a final review. Notice shall also be given in the Environmental Bulletin. Thirty calendar days after publication of the Bulletin shall be allowed for final review.

(d) Based on consideration of the comments submitted, the Clearinghouse shall advise the State Project Agency as follows:

(1) the document has been determined to lack sufficient information. Supplemental documentation which provides adequate information should be submitted to the Clearinghouse for review and comment;

(2) a final EIS should be prepared for review addressing the comments submitted; or

(3) the document is adequate and completes the review process requirements for the act.

(e) The State Project Agency may adopt or reject the Clearinghouse's recommendation.

(f) No administrative or judicial review is permitted unless undertaken in connection with review of the agency action. No other review of an environmental document is permitted.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. April 1, 1999; May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0606 Record of Decision {#sec-01-ncac-25-.0606 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0606}

At the time of its decision to take an action for which an EIS was prepared as a decision-making tool, the responsible agency shall prepare a concise public record of decision not to exceed 4 pages in length. The record may be integrated into any other record prepared by the agency for the proposed activity, but shall include the following information:

(1) a statement of what the decision was and the project or program it was for;

(2) identification of all alternatives considered and specifying those considered environmentally preferable;

(3) a discussion of why the chosen alternative is most appropriate; based upon economic or technical considerations, or agency statutory mission, and how it balances environmental and other state policies;

(4) a certification that all means of avoiding or minimizing environmental impacts set out in the EIS will be incorporated into the project or program, and if not, why they are not. A copy of the record of decision shall be sent to the Clearinghouse to be sent to all review agencies, and a notice of its availability shall be published in the Environmental Bulletin.

History

• Authority G.S. 113A-1 through 113A-20
• Eff. February 1, 1986
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0701 Actions Which May Be Reconsidered {#sec-01-ncac-25-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0701}

Any state or local agency or citizen may request a reconsideration of the rejection or acceptance of minimum criteria.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0702 Procedure for Reconsideration {#sec-01-ncac-25-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0702}

All requests for reconsideration must be in written form, and shall be directed to the Secretary of the Department of Administration and the Director of the Clearinghouse. The request must be made within 30 days after the completion of the normal review cycle, or at any time if no notice has been published in the Environmental Bulletin. Review of requests for reconsideration will be limited to the written request and supporting documentation. No party will be allowed to present oral testimony, to depose or otherwise cross-examine witnesses, to argue the matter or otherwise convert the review into a contested case as that term is used in G.S. 150B-2(2).

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. May 3, 1993; August 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0703 Decision of the Secretary Final {#sec-01-ncac-25-.0703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0703}

In reconsidering any matter pursuant to this Section, the Secretary of the Department of Administration may seek the advice of the Environmental Policy Act Advisory Committee. The Secretary of the Department of Administration shall affirm or reverse the determination, shall direct compliance with that decision, and shall notify the person or agency requesting reconsideration.

History

• Authority G.S. 113A-11
• Eff. February 1, 1986
• Amended Eff. May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0704 Reconsideration Not a Contested Case {#sec-01-ncac-25-.0704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0704}

A request for reconsideration under this Rule shall not be considered a contested case under G.S. 150B-2(2).

History

• Authority G.S. 113A-1 through 113A-20; 143B-10
• Eff. February 1, 1986
• Amended Eff. August 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0801 Scope {#sec-01-ncac-25-.0801 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0801}

Local governing bodies, under the provisions of G.S. 113A-8 may require by ordinance environmental documentation from special-purpose units of government and private developers of major projects. This Section establishes the state's role when this option is exercised.

History

• Authority G.S. 113A-8; 113A-11
• Eff. February 1, 1986
• Amended Eff. May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0802 Process {#sec-01-ncac-25-.0802 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0802}

(a) Upon the request of the local government, state agencies with jurisdiction by law or special expertise shall advise on matters related to the environmental documentation. This is not to relieve the local government of their responsibility under G.S. 113A-8 or to accept any responsibility on behalf of the state for the preparation of the document.

(b) An environmental document as defined in G.S. 113A-9(2) may be submitted to the Clearinghouse by the local government. The Clearinghouse shall circulate the document for review and comment in the same manner as provided in this Chapter.

(c) Upon notification from the local government that an environmental document is to be required, the Clearinghouse shall send notification to all affected state agencies and publish such notice in the Environmental Bulletin. In processing applications for state permits, state agencies may consider any information generated by the local government pursuant to this Section.

History

• Authority G.S. 113A-8; 113A-11
• Eff. February 1, 1986
• Amended Eff. May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .0901 Review by Governor {#sec-01-ncac-25-.0901 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .0901}

In those specific cases where the environmental document indicates a major adverse environmental impact for which alternatives are not available, the Governor shall be so advised by the responsible state official.

History

• Authority G.S. 113A-11
• Eff. May 3, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 25 .1001 Scope {#sec-01-ncac-25-.1001 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .1001}

History

• Status: expired
• Authority G.S. 113A-11; S.L. Extra Session 1999-463
• Temporary Adoption Eff. April 12, 2000 to expire on January 1, 2003
• Temporary Adoption extended to expire January 1, 2005
• Temporary Adoption expired January 1, 2005.

01 NCAC 25 .1002 processes {#sec-01-ncac-25-.1002 omnilex-key=us-nc-regs-official--title-01--01 NCAC 25 .1002}

History

• Status: expired
• Authority G.S. 113A-11; S.L. Extra Session 1999-463
• Temporary Adoption Eff. April 12, 2000 to expire on January 1, 2003
• Temporary Adoption extended to expire January 1, 2005
• Temporary Adoption expired January 1, 2005.

Chapter 26 Veterans Affairs

Subchapter A

01 NCAC 26A .0101 Location and Hours of Operation {#sec-01-ncac-26a-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26A .0101}

History

• Status: repealed
• Authority G.S. 143A-96.1; 143B-10(c); 165-6(1),(4)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 26A .0102 Purpose {#sec-01-ncac-26a-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26A .0102}

History

• Status: repealed
• Authority G.S. 143A-96.1; 143B-10(c); 165-6(1),(4)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 26A .0103 Organizational Structure {#sec-01-ncac-26a-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26A .0103}

History

• Status: repealed
• Authority G.S. 143A-96.1; 143B-10(c); 165-6(1),(4)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Subchapter B

01 NCAC 26B .0101 Location of the Commission {#sec-01-ncac-26b-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0101}

History

• Status: repealed
• Authority G.S. 143B-252; 143B-253; 143B-399; 143B-400
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 26B .0102 Organization of the Commission {#sec-01-ncac-26b-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0102}

History

• Status: repealed
• Authority G.S. 143B-252; 143B-253; 143B-399; 143B-400
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 26B .0103 Purpose and Objectives of the Commission {#sec-01-ncac-26b-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0103}

History

• Status: repealed
• Authority G.S. 143B-252; 143B-253; 143B-399; 143B-400
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 26B .0104 Forms and Instructions {#sec-01-ncac-26b-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0104}

The following forms and instructions are used by the Veterans Affairs Commission (the "Commission" for purposes of this Subchapter) to administer scholarships for children of war veterans, pursuant to G.S. Chapter 165, Article 4. Forms required of the applicant to complete the scholarship package are located at: http://www.nc4vets.com/nc-programs or may be obtained by contacting the North Carolina Division of Veterans Affairs (NCDVA) at 919-807-4250 or by writing to the NCDVA at 1315 Mail Service Center, Raleigh, NC 27699-1315.

(1) Instruction Sheet, NCDVA-16. To be considered for selection by the Commission, an application shall be received in the Assistant Secretary's Office (NCDVA) by deadlines referenced in this Rule. Applicants for scholarships classified as Class II or Class III shall submit scholarship application on or before February 14. Applicants for scholarships classified as IA, IB, or IV as determined by United States Department of Veterans Affairs (USDVA) Certification form (NCDVA-13 if living veteran, and NCDVA-14 if veteran is deceased) shall submit scholarship application by:

(a) June 1 in order to be awarded on the following July 1; or

(b) December 1 in order to awarded on the following January 1.

The application shall be mailed to the North Carolina Division of Veterans Affairs 1315 Mail Service

Center, Raleigh, NC 27699-1315, or emailed to: ncdva.scholarships@doa.nc.gov.

(2) The applicant shall submit the following documents to the Assistant Secretary's Office (NCDVA) for consideration:

(a) a completed application, NCDVA-17, together with a copy of the public record of applicant's birth;

(b) evidence of veteran's biological or adoptive relationship to applicant (which may be shown on birth certificate, court documents, payment of child support, or DNA test);

(c) a copy of veteran's discharge or notice of separation (DD 214, member copy 4) from the armed services (if available);

(d) a financial questionnaire, NCDVA-18;

(e) the most recent federal income tax return from applicant, applicant's veteran parent, and other parent;

(f) high school transcript through junior year of high school or, if already graduated, complete high school transcript and all college transcripts to date if applicable;

(g) the applicant's scholarship essay questionnaire, NCDVA-23B(2);

(h) two recommendations, NCDVA-23B(3); and

(i) a copy of any high school and college disciplinary record.

(3) The selected applicants (all classes) shall submit the following documents to the Assistant Secretary's Office (NCDVA) no later than June 30 for a scholarship to be awarded on the following July 1 (selected applicants submitting Class IA, Class IB, or Class IV application after June 1 shall submit the following documents on or before December 1 to be awarded the following January 1):

(a) a copy of Selective Service registration acknowledgement, if not age 18 by June 30, must be received within six months of attaining age 18 (male applicants only);

(b) proof of graduation from high school (high school diploma);

(c) final complete academic record which shall include a list of high school and college courses taken with corresponding grades earned, cumulative weighted and unweighted grade point average, and attendance and disciplinary records;

(d) NCDVA-11, Affidavit – School Declaration Form;

(e) a letter of acceptance from the school that the applicant shall attend; and

(f) NCDVA-17G, Permission form for access to student's academic records of the college, university, or community college he or she shall attend or attended if previously enrolled.

(4) Application Form, NCDVA-17. A person seeking a scholarship under G.S. Chapter 165, Article 4, (Scholarships for Children of War Veterans) shall submit a completed application form, NCDVA -17 to the NCDVA which provides:

(a) the applicant's first name, middle initial, last name, social security number, address, telephone number, email address, and county of residence;

(b) the first name, middle initial, last name, USDVA File number or social security number, and address of applicant's eligible veteran parent;

(c) the applicant's date of birth, place of birth (city, county, and state), mother's birth place, the applicant's length of residency in North Carolina, high school attended, and graduation date from high school;

(d) the college, university, community college, or technical institute that applicant plans to attend;

(e) the legal residence of applicant's eligible veteran parent at time such veteran parent entered the Armed Forces;

(f) the legal residence of applicant's eligible veteran parent at time of application;

(g) the degree of service connected or non-service connected disability of applicant's eligible veteran parent at time of scholarship application;

(h) answers to questions regarding the applicant's veteran parent's purple heart medal, if any, MIA or POW status, receipt of United States Department of Veterans Affairs (USDVA) disability compensation or pension, and whether veteran parent is deceased;

(i) signature and date of applicant and applicant's parent or guardian;

(j) answers to questions about applicant's accomplishments, special honors, or awards received during high school (and post high school if applicable), submitted in resume format as referenced on NCDVA-17;

(k) a copy of the public record of applicant's birth, evidence of veteran's biological or adoptive relationship to applicant (which may be shown on birth certificate, court documents, payment of child support or DNA test), and a copy of veteran's discharge or notice of separation, [DD 214, member copy 4] from the armed services, if available; and

(l) applicant's high school transcript through junior year, ACT or SAT score, a copy of all college transcripts, if applicable, and a copy of disciplinary and attendance records from high school and any other college or technical schools attended (if school does not maintain disciplinary records, then applicant shall attach a statement from high school guidance counselor or college advisor explaining that no such records exist).

(5) Financial Questionnaire, NCDVA-18, to accompany application for scholarship. A person seeking a Class II or Class III scholarship, as defined in G.S. 165-22, shall submit a completed Financial Questionnaire, NCDVA 18, to the NCDVA which provides:

(a) the applicant's veteran parent's first name, middle initial, and last name;

(b) USDVA file number or social security number of the applicant's veteran parent;

(c) the applicant's first name, middle initial, last name, and the last four digits of the social security number on Financial Questionnaire, NCDVA-18;

(d) the applicant, applicant's veteran parent, and other parent shall provide the amount of each of their:

(i) bonds, mutual funds, but not retirement plans, along with cash, savings, account balances including certificates of deposit;

(ii) liabilities (for the purpose of this sub-item, liabilities shall include education and medical expenses of applicant, veteran parent and other parent); and

(iii) annual income from wages, salary, USDVA disability compensation, pension, interest, dividends, military retirement, company pension, workman's compensation, net business income or loss from previous calendar year, and net farm income or loss from previous calendar year;

(e) the applicant's high school or college status, name of university, college, or community college attending, number of semesters completed, and source and amount of funding towards education (i.e. scholarship, grants, student loan, or no financial assistance);

(f) the relationship, age, and source of funding for any sibling of applicant who is a dependent of applicant's veteran parent while such sibling attends post high school training or college;

(g) the dated signature of applicant's veteran parent in the space designated on the form; and

(h) a copy of latest federal tax return of applicant, applicant's veteran parent, and other parent (if required to file taxes). If no return was filed, then applicant shall provide a statement as to the reason no federal tax return is attached.

(6) Essay Questionnaire, NCDVA-23B(2), to accompany scholarship application. A person seeking a Class II or Class III scholarship, as defined in G.S. 165-22, shall submit a completed Essay Questionnaire, NCDVA 23B(2), to the NCDVA which provides:

(a) the reasons applicant believes he or she should be selected and awarded a scholarship;

(b) the first name, middle initial, and last name of applicant's veteran parent;

(c) the applicant's first name, middle initial, last name, and the last four digits of the social security number;

(d) a list of all schools to which the applicant has both applied and been accepted;

(e) a list of schools to which applicant applied and is awaiting an acceptance decision;

(f) the applicant's desired major or area of study, if known;

(g) essays to provide insight into applicant's character, reputation, and accomplishments by describing:

(i) how the applicant has prepared for college;

(ii) why the applicant believes he or she should be selected;

(iii) a kind act accomplished by the applicant that few people know about;

(iv) a mistake made by the applicant and what the applicant learned from this mistake;

(v) any other information the applicant wishes the North Carolina Veterans Affairs Commission to consider, including but not limited to unusual special circumstances affecting grades, absences, outstanding achievements, special talents, or interest; and

(h) the applicant's dated signature.

(7) Recommendation Form NCDVA-23B(3), to accompany scholarship application. A person seeking a Class II or Class III scholarship, as defined in G.S. 165-22, shall submit two completed Recommendation Forms, NCDVA-23B(3), at least one from applicant's guidance counselor or teacher, to the NCDVA which provides:

(a) an assessment of applicant's scholastic achievements, disciplinary record, and comments on applicant's character;

(b) the first name, middle initial, and last name of applicant's veteran parent;

(c) the applicant's first name, middle initial, last name, and the last four digits of the social security number;

(d) the first name, middle initial, last name, and relationship to applicant of person submitting a recommendation for applicant;

(e) the length of time the recommender has known the applicant;

(f) if the recommender is a guidance counselor or designated teacher, then include class rank, cumulative grade point average (weighted and unweighted), and provide a disciplinary record or describe any disciplinary issues if no disciplinary record; and

(g) a written evaluation of applicant including comments and examples of the applicant's character (courage, honesty, kindness, dedication, work ethic).

(8) Affidavit-School Declaration, NCDVA-11, (All Classes). Upon receipt of a blank Affidavit-School Declaration form, NCDVA-11 from the NCDVA, the selected applicant shall return a completed NCDVA-11 form to the NCDVA no later than June 30 (to be awarded a scholarship the following July 1), to notify the NCDVA of which school the applicant would like the scholarship to apply (selected applicants classified as IA, IB, or IV after June 1 shall submit completed Affidavit-School Declaration NCDVA-11 by December 1 to be awarded a scholarship the following January 1). An additional NCDVA-11 may be requested by contacting the NCDVA at 919-807-4250. The selected applicant shall provide the following information on the NCDVA-11:

(a) the first name, middle initial, and last name of the selected applicant's veteran parent(s);

(b) the first name, middle initial and last name of the selected applicant;

(c) the last four digits of the social security number of the selected applicant;

(d) the name of the school that such selected applicant plans to attend;

(e) the semester date the selected applicant plans to begin his or her course of study; and

(f) the dated signature of the selected applicant.

(9) Permission for Access to Student Records, NCDVA-17G (All Classes). Upon receipt of a blank Permission for Access to Student Records form, NCDVA-17G from the NCDVA, the selected applicant shall return a completed NCDVA-17G form to the NCDVA no later than June 30 to be awarded a scholarship the following July 1 (selected applicants classified as IA, IB, or IV after June 1 shall submit completed Permission for Access to Student Records form, NCDVA-17G, by December 1 to be awarded a scholarship the following January 1), to permit the NCDVA access to the student's cumulative grade point average and information about the student's academic standing, including without limitation any probationary status. An additional NCDVA-17G may be requested by contacting the NCDVA at 919-807-4250. The selected applicant shall provide the following information on the NCDVA-17G:

(a) the first name, middle initial, and last name of the selected applicant;

(b) the last four digits of the selected applicant's social security number;

(c) the identification number assigned by the school to the selected applicant;

(d) the selected applicant's mailing address;

(e) the selected applicant's email address;

(f) the selected applicant's telephone number;

(g) a grant of permission by the selected applicant for the NCDVA to access the cumulative grade point average and academic standing records (including without limitation, any information concerning probationary status) of such selected applicant from the named school that selected applicant plans to attend;

(h) an acknowledgment that the permission granted by the selected applicant is made with the understanding that any records and information provided by the school attended by the selected applicant may not be made available by the NCDVA to any other agency other than the NCDVA and may only be used in the administration of the selected applicant's scholarship; and

(i) the dated signature of the selected applicant.

History

• Authority G.S. 143B-1220 through 143B-1222
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. October 1, 2015
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0105 Where to Obtain Forms {#sec-01-ncac-26b-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0105}

All forms may be obtained from the Office of the North Carolina Division of Veterans Affairs or electronically at http://www.nc4vets.com/nc-program.

History

• Authority G.S. 143B-1220 through 143B-1222
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. October 1, 2015
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0106 Delegation of Authority {#sec-01-ncac-26b-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0106}

The Veterans Affairs Commission delegates to the Assistant Secretary for Veterans Affairs the responsibility for obtaining information and making recommendations of applications for scholarship awards which the Commission administers. The following procedure has been set by the Commission for use by the Assistant Secretary in reviewing applications:

(1) Interested parties may obtain scholarship forms and an instruction sheet from the Assistant Secretary's Office or electronically at http://www.nc4vets.com/nc-programs. Interested parties and applicants seeking assistance may contact the North Carolina Division of Veterans Affairs (NCDVA) scholarship coordinator at 919-807-4250, or contact a local veteran's service officer at: http://www.nc4vets.com/personal-services.

(2) For purposes of G.S. 165 (Article 4), the time of application for scholarship shall be the earlier of:

(a) the date received in the NCDVA Assistant Secretary's Office as evidenced by NCDVA date stamp or date of electronic communication;

(b) the US Postal Service date identification; or

(c) the processing date identification from any other federal or state recognized mail carrier system that delivers mail.

(3) In making recommendations for the award of scholarships in the competitive categories, the Assistant Secretary for Veterans Affairs shall consider the disability and other eligibility requirements of each application in accordance with the standards enumerated in G.S. 165-22 and make his or her recommendations to members of the Commission based on the following criteria, and importance shall attach in the order named:

(a) Need. Preference shall be given to the eligible child with the greater financial need.

(b) Scholastic Ability. Preference shall be given the eligible child with the higher scholastic award.

(c) Consideration shall be given to the character, reputation, industry, accomplishments, and handicaps (if any) of the eligible child.

(d) All other things being equal, the degree of service connected disability of applicant's qualified veteran parent shall be given preference.

(4) The Assistant Secretary for Veterans Affairs shall be authorized to award Class I and Class IV (unlimited) scholarships to any applicant who meets all eligibility requirements under Class I or Class IV on or about January 1 and July 1. These awards are then ratified by the Commission at its next meeting following the award by the Assistant Secretary.

History

• Authority G.S. 143B-1220 through 143B-1222; 165-22.1(a)
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Amended Eff. October 1, 2015
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0201 Class I-a Category of Eligibility {#sec-01-ncac-26b-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0201}

History

• Status: repealed
• Authority G.S. 165-20; 165-21; 165-22; 165-22.1
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 26B .0202 Class I-B Category of Eligibility {#sec-01-ncac-26b-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0202}

History

• Status: repealed
• Authority G.S. 165-20; 165-21; 165-22; 165-22.1
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 26B .0203 Class Ii Category of Eligibility {#sec-01-ncac-26b-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0203}

History

• Status: repealed
• Authority G.S. 165-20; 165-21; 165-22; 165-22.1
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 26B .0204 Class Iii Category of Eligibility {#sec-01-ncac-26b-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0204}

History

• Status: repealed
• Authority G.S. 165-20; 165-21; 165-22; 165-22.1
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 26B .0205 Class Iv Category of Eligibility {#sec-01-ncac-26b-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0205}

History

• Status: repealed
• Authority G.S. 165-20; 165-21; 165-22; 165-22.1
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 26B .0206 Responsibility of the Scholarship Recipient {#sec-01-ncac-26b-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0206}

All obligations in excess of the amount payable by the state are the responsibility of the scholarship recipient.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0207 Award Letters {#sec-01-ncac-26b-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0207}

(a) When a scholarship is awarded, an award letter is sent to the recipient and to the educational institution which the recipient intends to enter. The award letter stipulates the amount of the award for a nine-month academic year and further states that this amount is subject to change from time to time. It expressly informs the recipient that all obligations above this amount are his or her responsibility.

(b) The heading of the letter will contain the name of the veteran parent, his or her file number (beginning with C or SS if living; XC or XSS if deceased), and the recipient's name and address. The same information should be used by the educational institution in all correspondence and billings.

(c) Scholarship awards are usually prospective, i.e., intended for use at the beginning of the next term or subsequent terms after issue; however, award letters which are issued after a term is underway may be construed as retroactive to the beginning of that term. In special cases, the effective date will either be stipulated in the award letter or agreed upon verbally by the institution and the division of veterans affairs.

(d) The determination of eligibility time which a recipient has used in a given institution is made by that institution and this determination is utilized as the basis for billing. Eligibility time is usually reckoned in quarters or semesters of a nine-month academic year. The following equivalents are furnished as a guide: A semester equals one and one-half quarters or three summer sessions of six weeks each. A quarter is equal to two-thirds of a semester or two summer sessions of six weeks each. One summer session of six weeks equals one-third semester or one-half quarter. A summer session of eight weeks is the same as a six-week session.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0208 Transfer by Recipient {#sec-01-ncac-26b-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0208}

Whenever a recipient desires to transfer to another institution, the division of veterans affairs authorizes the scholarship transfer only after receiving assurance that the recipient is accepted at the other institution. Educational institutions should not transfer scholarship records of transferring students nor act upon a transfer without prior notification from the division of veterans affairs. When the transfer is between two state institutions, the division will write the first institution and ask that the recipient's award letter, together with a statement of his remaining eligibility time, be sent to the other institution. If the transfer is from a state to a private institution, the first institution will be asked to return to the division the award letter and a statement of the recipient's remaining eligibility time. A new letter of transfer will then be issued by the division to the other institution. When the transfer is from a private institution, the division will write the first institution asking that the copy of the recipient's award letter, together with a statement of his remaining eligibility time be returned to the division. The division will then inform the second institution of the scholarship, including the amount payable and the scholarship eligibility time remaining.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0209 Nature of the Scholarships {#sec-01-ncac-26b-.0209 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0209}

The extent or scope of the scholarship benefit falls into one of two groupings which, for administrative convenience, are usually referred to as "full" and "limited." The award letter, a copy of which is furnished to the institution, clearly sets forth the extent of the scholarship. A "full" scholarship award letter reads in part: "This four-year scholarship entitles you to (1) free tuition, (2) a reasonable board allowance, (3) a reasonable room allowance, and (4) exemption from certain mandatory fees as set forth in the law." A "limited" scholarship award letter reads in part: "This four-year scholarship entitles you to (1) free tuition and (2) exemption from certain mandatory fees as set forth in the law."

As a courtesy to the institution, an effort is made to stamp each "limited" award letter with a prominent stamp which reads: "LIMITED SCHOLARSHIP -- TUITION AND FEES ONLY." However, a failure to stamp a "limited" award letter does not remove from the institution the responsibility for administering the scholarship according to the contents of the letter.

In a few instances, the nature of a scholarship can change from "limited" to "full" if, after an award is made, the recipient becomes eligible for a higher benefit.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0210 Tuition: Room: Board and Mandatory Fees {#sec-01-ncac-26b-.0210 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0210}

(a) The cost of tuition for the course of study selected by the scholarship recipient is a proper charge against the state.

(b) Reasonable Board Allowance

(1) Charges against the state for reasonable boarding charges are allowed under a "full" scholarship.

(2) If the institution operates (or has contracted for) a regular, full-scale dining facility (serving three full-scale meals per day, seven days a week), the allowance for board for each eligible student shall be the institution's estimate of the average student's board costs for eating in the institution-operated dining facility for the academic year.

(3) If no regular, full-scale dining facility is operated, the allowance for board for each eligible student shall be a monetary allowance as determined by the Director of the Budget.

(4) Those recipients entitled to receive a board allowance shall receive it from the institution in the form of periodic advances each month, quarter or semester. These advances may take the form of cash (check) or meal tickets, depending upon the facilities and practices in a particular institution.

(c) Reasonable Room Allowance

(1) Charges against the state for reasonable room allowance are allowed under a "full" scholarship.

(2) If the eligible student resides in an institution-operated dormitory, the allowance to the institution for furnishing a room in kind shall be the applicable regular session rate for the dormitory room occupied, excluding non-mandatory fees. The term "dormitory" does not include fraternity houses or student apartments.

(3) If the eligible student does not reside in an institution-operated dormitory, the allowance to the recipient for room shall be a monetary allowance as determined by the Director of the Budget.

(4) Those recipients entitled to receive a room allowance shall receive same from the institution in the form of periodic advances each month, quarter or semester.

(d) A recipient shall receive fees required to be paid as a condition to remaining in the institution and pursuing the course of study selected, excluding charges or fees for books, supplies, tools and clothing. In other words, if a fee is mandatory, the scholarship covers it; if it is not, the student must pay it. The test of what constitutes a mandatory fee is whether or not a student will be permitted to remain in school and pursue the course of study selected if the fee is not paid, and whether or not this applies equally to students in the same course who are not under the scholarship program.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0211 Manner of Payment by the State to Private Institutions {#sec-01-ncac-26b-.0211 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0211}

(a) No advance payments will be made in behalf of scholarship recipients. All payments will be made at the end of each quarter, semester, or other academic term upon a proper billing as prescribed in Rule .0215 of this Section. For example, if a recipient is awarded a certain amount for a nine-month academic year, and the institution operates on a semester basis, then, at the end of each semester, the institution must bill the division of veterans affairs for one-half of the amount awarded.

(b) All billings and payments and all deductions for remaining scholarship eligibility time shall be for a full semester, quarter or other academic session, except as noted in Rule .0214 of this Section. If a recipient starts a session, attends the institution long enough to have incurred a financial obligation and then for any reason drops out, the state will pay its obligation as though the recipient attended the entire period. However, the full period shall be deducted from the recipient's eligibility time. This procedure will obviate, in most cases, the need for fractional payments for periods less than a semester, quarter, etc., and will obviate, in most cases, the need to determine and keep records on fractional periods of eligibility time used. An exception to this Rule is where summer sessions and quarters must be expressed as a fraction of a semester. This becomes especially significant as the student enters his final semester, for the state's obligation ends with the completion of the equivalent of four academic years.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0212 Manner of Payment by the State to Public Institutions {#sec-01-ncac-26b-.0212 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0212}

All reimbursements will be made at the end of each quarter, semester or other academic term upon a proper billing from the institution. Therefore, all billings and reimbursements and all deductions from remaining scholarship eligibility time must be for a full semester, quarter or other academic term except where summer sessions or quarters must be expressed as a fraction of a semester or vice versa.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0213 When a Recipient Leaves a Public Institution {#sec-01-ncac-26b-.0213 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0213}

In those cases where the student is willing to "write off" the term and have it deducted from his remaining scholarship eligibility time, the division of veterans affairs will honor reimbursement billings and the term will be deducted from his remaining eligibility time.

In cases where, with consent of the institution, the student prefers to repay the institution for all scholarship expenses of the term and retain that eligibility time for future use, the division has no objection; however, in those cases where the division has been billed for the term, it is the responsibility of the institution to inform the division that the term has been redeemed. Such notice may be submitted with the next billing.

In either situation, the full term must be either written off or redeemed. The division will not undertake to keep account of fractions of terms.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0214 When a Recipient Leaves a Private Institution {#sec-01-ncac-26b-.0214 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0214}

If, for any reason, a scholarship recipient drops out of school before the completion of a semester, quarter or other academic period upon which billing is based, and if the payment made by the state for such period exceeds the recipient's obligation to the institution, then the institution shall pay the excess to the recipient. In such an event, the institution will have deducted the same academic period from the recipient's remaining scholarship eligibility time.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0215 Billing Procedures for Private Institutions {#sec-01-ncac-26b-.0215 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0215}

(a) At the end of each academic term, bills or statements from private educational institutions should be sent in triplicate to the division of veterans affairs, Raleigh.

(b) No format is prescribed and the bill may be a consolidated listing of all recipients, or separate bills on each recipient may be sent. The following information, as a minimum, is required for each billing:

(1) name of institution;

(2) date of bill or statement;

(3) recipient's name;

(4) veteran parent's name;

(5) veteran's file number;

(6) period attended, e.g., 1976 fall semester;

(7) amount due from the state for the period stated;

(8) signature on the bill of the responsible institution official;

(9) official's name and title typed or printed under the signature.

(c) Billings for spring quarter or semester should be submitted not later than May 1.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26B .0216 Billing Procedures for Public Institutions {#sec-01-ncac-26b-.0216 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26B .0216}

Bills or statements for each academic term from public educational institutions must be sent in triplicate to the division of veterans affairs, at its Raleigh address. The following information is required for each billing:

(1) name of institution;

(2) date of bill or statement;

(3) period covered, e.g., 1976 fall semester;

(4) amount due from the state for the period stated;

(5) recipient's name;

(6) name and file number of veteran parent;

(7) signature on the bill of the responsible official of the institution;

(8) official's name and title typed or printed under the signature.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

Subchapter C

01 NCAC 26C .0101 Service Requirement {#sec-01-ncac-26c-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26C .0101}

The veteran must have served in the Armed Forces on full time active duty during a period of war as defined by U.S. Code Title 38, paragraph 101(6)-(12).

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. July 1, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26C .0102 Residence Requirement {#sec-01-ncac-26c-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26C .0102}

The residence requirement for award of the medal is a veteran who was a legal resident of North Carolina at time of entrance into the Armed Forces.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. July 1, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26C .0103 Veteran Status Requirement {#sec-01-ncac-26c-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26C .0103}

The veteran must have been discharged or released from the Armed Forces under conditions other than Dishonorable.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. July 1, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26C .0104 Application Timetable {#sec-01-ncac-26c-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26C .0104}

The veteran must apply for the medal within five years of the date these medals are made available, or five years from date of discharge or release from the Armed Forces.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. July 1, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26C .0105 Fee {#sec-01-ncac-26c-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26C .0105}

The award shall be self-financing. Those who wish to be awarded the medal shall pay a fee as set by the North Carolina Division of Veterans Affairs (NCDVA) to cover the expense of producing and awarding the medal. The fee shall not exceed thirty dollars ($30.00).

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. July 1, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26C .0106 Minimum Requirement {#sec-01-ncac-26c-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26C .0106}

No medal will be struck until a minimum of twenty-five thousand dollars ($25,000) has been received to pay for the initial design, striking, and production fees of the first 500 medals.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. July 1, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26C .0107 Application Form {#sec-01-ncac-26c-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26C .0107}

The NCDVA will develop an application form to be used to apply for the North Carolina Services Medals. The application must be submitted to the NCDVA with proof of eligibility and appropriate fees.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. July 1, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

01 NCAC 26C .0108 Next-of-Kin {#sec-01-ncac-26c-.0108 omnilex-key=us-nc-regs-official--title-01--01 NCAC 26C .0108}

The next-of-kin may apply for this medal if the eligible veteran is deceased.

History

• Authority G.S. 143B-1220 through 143B-1227
• Eff. July 1, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

Chapter 27 Advocacy Council on Children and Youth (Repealed)

01 NCAC 27 .0101 Location {#sec-01-ncac-27-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 27 .0101}

History

• Status: repealed
• Authority G.S. 143B-414 through 143B-416
• Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 27 .0102 Organization {#sec-01-ncac-27-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 27 .0102}

History

• Status: repealed
• Authority G.S. 143B-414 through 143B-416
• Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 27 .0201 Duties {#sec-01-ncac-27-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 27 .0201}

History

• Status: repealed
• Authority G.S. 143B-414 through 143B-416
• Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

01 NCAC 27 .0202 Access to Information {#sec-01-ncac-27-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 27 .0202}

History

• Status: repealed
• Authority G.S. 143B-414 through 143B-416
• Eff. February 27, 1979
• Repealed Eff. July 1, 1987.

Chapter 28 Council on Employment of the Handicapped (Repealed)

01 NCAC 28 .0101 Establishment: Location: and Office Hours {#sec-01-ncac-28-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0101}

History

• Status: repealed
• Authority G.S. 143-283.1 through 143-282.3; 143.283.7; 143-283.8; 143-422.2
• 143B-10(b); 143B-412; 143B-413
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0102 Purposes and Responsibilities {#sec-01-ncac-28-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0102}

History

• Status: repealed
• Authority G.S. 143-283.1 through 143-282.3; 143.283.7; 143-283.8; 143-422.2
• 143B-10(b); 143B-412; 143B-413
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0103 The Director {#sec-01-ncac-28-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0103}

History

• Status: repealed
• Authority G.S. 143-283.1 through 143-282.3; 143.283.7; 143-283.8; 143-422.2
• 143B-10(b); 143B-412; 143B-413
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0104 Referral of Complaints {#sec-01-ncac-28-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0104}

History

• Status: repealed
• Authority G.S. 143-283.1 through 143-282.3; 143.283.7; 143-283.8; 143-422.2
• 143B-10(b); 143B-412; 143B-413
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0201 Purpose of Awards {#sec-01-ncac-28-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0201}

History

• Status: repealed
• Authority G.S. 143-283.2; 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0202 Categories of Awards {#sec-01-ncac-28-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0202}

History

• Status: repealed
• Authority G.S. 143-283.2; 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0203 Application Forms {#sec-01-ncac-28-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0203}

History

• Status: repealed
• Authority G.S. 143-283.2; 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0204 Selection of Winners and Prizes {#sec-01-ncac-28-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0204}

History

• Status: repealed
• Authority G.S. 143-283.2; 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0205 National Competition {#sec-01-ncac-28-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0205}

History

• Status: repealed
• Authority G.S. 143-283.2; 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0206 Other Awards {#sec-01-ncac-28-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0206}

History

• Status: repealed
• Authority G.S. 143-283.2; 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0301 Name of Contest {#sec-01-ncac-28-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0301}

History

• Status: repealed
• Authority G.S. 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0302 Eligibility {#sec-01-ncac-28-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0302}

History

• Status: repealed
• Authority G.S. 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0303 Selection of Winners {#sec-01-ncac-28-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0303}

History

• Status: repealed
• Authority G.S. 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0304 Amount of Award and Funding {#sec-01-ncac-28-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0304}

History

• Status: repealed
• Authority G.S. 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0305 National Competition {#sec-01-ncac-28-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0305}

History

• Status: repealed
• Authority G.S. 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0401 Name of Contest {#sec-01-ncac-28-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0401}

History

• Status: repealed
• Authority G.S. 143-283.2; 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0402 Eligibility {#sec-01-ncac-28-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0402}

History

• Status: repealed
• Authority G.S. 143-283.2; 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0403 Selection of Winners {#sec-01-ncac-28-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0403}

History

• Status: repealed
• Authority G.S. 143-283.2; 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0404 Amount of Award and Funding {#sec-01-ncac-28-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0404}

History

• Status: repealed
• Authority G.S. 143-283.2; 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 28 .0405 National Competition {#sec-01-ncac-28-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 28 .0405}

History

• Status: repealed
• Authority G.S. 143-283.2; 143-283.7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Chapter 29 Advocacy Council for the Mentally Ill (Repealed)

01 NCAC 29 .0101 Purpose {#sec-01-ncac-29-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0101}

History

• Status: repealed
• Authority G.S. 143B-402; 143B-403
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0102 Location and Hours {#sec-01-ncac-29-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0102}

History

• Status: repealed
• Authority G.S. 143B-402; 143B-403
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0103 Functions and Duties {#sec-01-ncac-29-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0103}

History

• Status: repealed
• Authority G.S. 143B-402; 143B-403
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0104 Staff Assistance {#sec-01-ncac-29-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0104}

History

• Status: repealed
• Authority G.S. 143B-402; 143B-403
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0201 Committees and Functions {#sec-01-ncac-29-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0201}

History

• Status: repealed
• Authority G.S. 122-55.1 through 122-55.7; 122-55.13; 122-55.14; 143B-402; 143B-403
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0202 Coordination with Other Bodies {#sec-01-ncac-29-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0202}

History

• Status: repealed
• Authority G.S. 122-55.1 through 122-55.7; 122-55.13; 122-55.14; 143B-402; 143B-403
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0301 Notification {#sec-01-ncac-29-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0301}

History

• Status: repealed
• Authority G.S. 122-55.1 through 122-55.14; 143B-402; 143B-403
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0302 Fact Gathering {#sec-01-ncac-29-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0302}

History

• Status: repealed
• Authority G.S. 122-55.1 through 122-55.14; 143B-402; 143B-403
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0303 Referral to Regional Advocate {#sec-01-ncac-29-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0303}

History

• Status: repealed
• Authority G.S. 122-55.1 through 122-55.14; 143B-402; 143B-403
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0401 Authority {#sec-01-ncac-29-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0401}

History

• Status: repealed
• Authority G.S. 115-179.1; 122.55.1 through 122-55.14; 143B-402; 143B-403; P.L. 94-103
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0402 Council Negotiation {#sec-01-ncac-29-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0402}

History

• Status: repealed
• Authority G.S. 115-179.1; 122.55.1 through 122-55.14; 143B-402; 143B-403; P.L. 94-103
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0403 Administrative Remedies {#sec-01-ncac-29-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0403}

History

• Status: repealed
• Authority G.S. 115-179.1; 122.55.1 through 122-55.14; 143B-402; 143B-403; P.L. 94-103
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0404 Criteria for Initiation of Legal Process {#sec-01-ncac-29-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0404}

History

• Status: repealed
• Authority G.S. 115-179.1; 122.55.1 through 122-55.14; 143B-402; 143B-403; P.L. 94-103
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0405 Initiation of Legal Process {#sec-01-ncac-29-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0405}

History

• Status: repealed
• Authority G.S. 115-179.1; 122.55.1 through 122-55.14; 143B-402; 143B-403; P.L. 94-103
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 29 .0406 Agreement with Div. of Mental Health/Mental Retardation {#sec-01-ncac-29-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 29 .0406}

History

• Status: repealed
• Authority G.S. 115-179.1; 122.55.1 through 122-55.14; 143B-402; 143B-403; P.L. 94-103
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

Chapter 30 State Construction

Subchapter A

01 NCAC 30A .0101 Scope {#sec-01-ncac-30a-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0101}

The regulations and policies set forth in this Chapter shall apply to the construction, renovation or alteration of all physical properties owned by the State of North Carolina through the various state institutions, departments or agencies which are subject to provisions of the Executive Budget Act, including land and improvements, but excluding public highways, bridges and railroads.

History

• Authority G.S. 143-341(3); 143B-10
• Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0102 Location and Hours of Operation {#sec-01-ncac-30a-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0102}

History

• Status: repealed
• Authority G.S. 143-341(3); 143B-10; 143B-370
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0103 Organization {#sec-01-ncac-30a-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0103}

History

• Status: repealed
• Authority G.S. 143-341(3); 143B-10; 143B-370
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0104 Declaratory Ruling {#sec-01-ncac-30a-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0104}

Any request for a determination regarding the application of any division rule to a specific factual situation will be directed to the Director of the Division of State Construction. The request for a ruling will follow the rules of the Department of Administration, Title 1 of the North Carolina Administrative Code.

History

• Authority 143B-10; 150B-4
• Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0105 Description of Forms {#sec-01-ncac-30a-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0105}

History

• Status: repealed
• Authority G.S. 143-341(3); 143B-10; 143B-370
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0106 Inflation Policy {#sec-01-ncac-30a-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0106}

History

• Status: repealed
• Authority G.S. 143-341(3); 143B-10; 143B-370
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0201 Responsibilities {#sec-01-ncac-30a-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0201}

The contracts and budget control office of the division of state construction shall be responsible for assisting agencies with advance planning of capital improvements projects, budget preparation, negotiation and preparation of design contracts; and after bids are received, making notification of award of construction contracts. Further responsibilities are carried out by this office at the direction of the Director of the Division of State Construction.

History

• Authority G.S. 143-341(3); 143B-10
• Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0202 Advance Physical Planning {#sec-01-ncac-30a-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0202}

History

• Status: repealed
• Authority G.S. 143-31.1; 143-341(3); 143-370; 143B-10; Chapter 129, Article 7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0203 Preliminary Design {#sec-01-ncac-30a-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0203}

History

• Status: repealed
• Authority G.S. 143-31.1; 143-341(3); 143-370; 143B-10; Chapter 129, Article 7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0204 Commencement of Design Work {#sec-01-ncac-30a-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0204}

History

• Status: repealed
• Authority G.S. 143-31.1; 143-341(3); 143-370; 143B-10; Chapter 129, Article 7
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0205 Form of Requests {#sec-01-ncac-30a-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0205}

Institutions and agencies planning to request appropriations for capital improvements shall use Form OC-25, "Proposed Capital Improvement Project," and forward a copy of each request to the division of state construction for verification of cost estimation. This form, when completed, shall fully describe the proposed project and justification therefor. Each form must be approved by the requesting board or agency. After verification, these forms are then returned to the agency.

History

• Authority G.S. 143B-10
• Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0206 Preparation of Design Contract {#sec-01-ncac-30a-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0206}

Preparation of design contracts is a function of the division of state construction which will furnish advice and assistance to the institution, department or agency in selection of designers, if requested. Design contracts will not be prepared for any project for which funds are not available. Agencies subject to G.S. 143-135.25 will follow the procedures established by the State Building Commission.

History

• Authority G.S. 143-128; 143B-10; 143-135.25; 143-135.26
• Eff. February 27, 1979
• Amended Eff. July 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0207 Description of Design Contract {#sec-01-ncac-30a-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0207}

All contracts for design shall be executed on Form OC-22. Form OC-22 represents an agreement between an owner and a designer for the purpose of establishing the terms under which the designer will furnish to the owner plans and specifications for a capital improvement project. Information contained in this document also contains provisions for discontinuance in the event that the project is terminated or expanded for any reason, as well as detailing the responsibilities of both the owner and the designer.

History

• Authority G.S. 143-341(3); 143B-10
• Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0208 Planning Procedures {#sec-01-ncac-30a-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0208}

History

• Status: expired
• Authority G.S. 143-31.1; 143-341(3); 143B-10
• Eff. February 27, 1979
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 30A .0209 Contract Conditions {#sec-01-ncac-30a-.0209 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0209}

History

• Status: repealed
• Authority G.S. 143-31.1; 143-341(3); 143B-10
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0210 Implement Life Cycle Cost: Energy Consumption Analysis {#sec-01-ncac-30a-.0210 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0210}

Form OC-20, "Implementation of Life Cycle Cost and Energy Consumption Analysis," becomes a part of the design contract, when applicable, in accordance with North Carolina General Statutes 143-64.10 to 143-64.14, and details procedures to be followed for implementation of life cycle cost and energy consumption analysis.

History

• Authority G.S. 143-341(3); 143B-10
• Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0211 Design Fees {#sec-01-ncac-30a-.0211 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0211}

History

• Status: repealed
• Authority G.S. 143-31.1; 143-341(3); 143B-10
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0212 Award of Construction Contracts {#sec-01-ncac-30a-.0212 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0212}

History

• Status: repealed
• Authority G.S. 143-31.1; 143-341(3); 143B-10
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0301 Responsibilities {#sec-01-ncac-30a-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0301}

Responsibilities of this office include review of all plans and specifications received from designers or consultants and state agencies for capital improvement projects; consultation and coordination of reviews with other agencies; coordination, communication and assistance with other offices in the division of state construction; and providing consulting assistance to state agencies.

History

• Authority G.S. 143-135.26; 143-341(3); 143B-10
• Eff. February 27, 1979
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0302 Review {#sec-01-ncac-30a-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0302}

History

• Status: repealed
• Authority G.S. 133-1.1; 143-31.1; 143-341(3); 143B-10; Chapter 83; Chapter 89
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0303 Planning Conference {#sec-01-ncac-30a-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0303}

History

• Status: repealed
• Authority G.S. 133-1.1; 143-31.1; 143-341(3); 143B-10; Chapter 83; Chapter 89
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0304 Seals {#sec-01-ncac-30a-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0304}

History

• Status: repealed
• Authority G.S. 133-1.1; 143-31.1; 143-341(3); 143B-10; Chapter 83; Chapter 89
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0305 Advertising for Bids {#sec-01-ncac-30a-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0305}

(a) No projects will be advertised for bids until cost estimates, assuring that the project is within budgeted funds or funds to be made available to the project, have been received from the designer.

(b) The form of advertisement shall be prepared by the designer and published in one issue of a daily newspaper having general circulation in the State of North Carolina. Payment for advertisement shall be by owner. A minimum of seven days shall be observed from publication to actual bid opening.

(c) Full project information shall be furnished by the designer to appropriate trade organizations for publication in their bulletins.

Plans and specifications shall be provided to plan rooms of recognized construction trade organizations in the area.

History

• Authority G.S. 143-341(3); 143B-10
• Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0306 Bidding Documents {#sec-01-ncac-30a-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0306}

All contractors who desire to bid shall be furnished plans, specifications and all other data, upon payment of a plan deposit, when required, for use in making estimates in ample time for bidding purposes.

History

• Authority G.S. 143-341(3); 143B-10
• Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0307 Receipt of Bids {#sec-01-ncac-30a-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0307}

(a) Bids shall be received in strict accordance with requirements of the General Statutes of North Carolina and the "Instructions to Bidders and General Conditions of the Contract" (Form OC-15). Bid security or a bid bond shall be required as prescribed by statute. The designer shall include in the documents the bid bond Form (OC-12) following the form of proposal (OC-7).

(b) The division requests all bidders to include with their bids a properly executed statement as follows: "The undersigned bidder hereby certifies that he is not knowingly in violation of the wage and price guidelines issued by the President's Council on Wage and Price Stability."

(c) The division will consider bidders' compliance with the wage and price standards as determined by the President's Council on Wage and Price Stability in determining award of contract in the event of tie bids.

History

• Authority G.S. 143-341(3); 143B-10
• Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0308 Close of Bidding {#sec-01-ncac-30a-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0308}

History

• Status: repealed
• Authority G.S. 113-7; 143-31.1; 143-64.10 through 143-64.14; 143-129.1; 143-340(10),(12)
• 143-341(3); 143B-10; N.C. Energy Policy Council Energy Conservation Plan, III, Sector
• Analyses and Recommendations, State and Local Government, (b) Buildings and Grounds
• P.L. 94-163 and N.C. Energy Conservation Plan Grant Agreement Dated 6/20/77, Part III,
• Between the Energy Division, N.C. Department of Commerce and N.C. Department of
• Administration
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0309 Change of Withdrawal of Bid {#sec-01-ncac-30a-.0309 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0309}

History

• Status: repealed
• Authority G.S. 113-7; 143-31.1; 143-64.10 through 143-64.14; 143-129.1; 143-340(10),(12)
• 143-341(3); 143B-10; N.C. Energy Policy Council Energy Conservation Plan, III, Sector
• Analyses and Recommendations, State and Local Government, (b) Buildings and Grounds
• P.L. 94-163 and N.C. Energy Conservation Plan Grant Agreement Dated 6/20/77, Part III,
• Between the Energy Division, N.C. Department of Commerce and N.C. Department of
• Administration
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0310 Opening of Bids {#sec-01-ncac-30a-.0310 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0310}

History

• Status: repealed
• Authority G.S. 113-7; 143-31.1; 143-64.10 through 143-64.14; 143-129.1; 143-340(10),(12)
• 143-341(3); 143B-10; N.C. Energy Policy Council Energy Conservation Plan, III, Sector
• Analyses and Recommendations, State and Local Government, (b) Buildings and Grounds
• P.L. 94-163 and N.C. Energy Conservation Plan Grant Agreement Dated 6/20/77, Part III,
• Between the Energy Division, N.C. Department of Commerce and N.C. Department of
• Administration
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0311 Award of Construction Contracts {#sec-01-ncac-30a-.0311 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0311}

History

• Status: repealed
• Authority G.S. 113-7; 143-31.1; 143-64.10 through 143-64.14; 143-129.1; 143-340(10),(12)
• 143-341(3); 143B-10; N.C. Energy Policy Council Energy Conservation Plan, III, Sector
• Analyses and Recommendations, State and Local Government, (b) Buildings and Grounds
• P.L. 94-163 and N.C. Energy Conservation Plan Grant Agreement Dated 6/20/77, Part III,
• Between the Energy Division, N.C. Department of Commerce and N.C. Department of
• Administration
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0312 Energy Management Section {#sec-01-ncac-30a-.0312 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0312}

History

• Status: repealed
• Authority G.S. 113-7; 143-31.1; 143-64.10 through 143-64.14; 143-129.1; 143-340(10),(12)
• 143-341(3); 143B-10; N.C. Energy Policy Council Energy Conservation Plan, III, Sector
• Analyses and Recommendations, State and Local Government, (b) Buildings and Grounds
• P.L. 94-163 and N.C. Energy Conservation Plan Grant Agreement Dated 6/20/77, Part III,
• Between the Energy Division, N.C. Department of Commerce and N.C. Department of
• Administration
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0313 Energy Accounting {#sec-01-ncac-30a-.0313 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0313}

History

• Status: repealed
• Authority G.S. 113-7; 143-31.1; 143-64.10 through 143-64.14; 143-129.1; 143-340(10),(12)
• 143-341(3); 143B-10; N.C. Energy Policy Council Energy Conservation Plan, III, Sector
• Analyses and Recommendations, State and Local Government, (b) Buildings and Grounds
• P.L. 94-163 and N.C. Energy Conservation Plan Grant Agreement Dated 6/20/77, Part III,
• Between the Energy Division, N.C. Department of Commerce and N.C. Department of
• Administration
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0314 State Government Energy Survey {#sec-01-ncac-30a-.0314 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0314}

History

• Status: repealed
• Authority G.S. 113-7; 143-31.1; 143-64.10 through 143-64.14; 143-129.1; 143-340(10),(12)
• 143-341(3); 143B-10; N.C. Energy Policy Council Energy Conservation Plan, III, Sector
• Analyses and Recommendations, State and Local Government, (b) Buildings and Grounds
• P.L. 94-163 and N.C. Energy Conservation Plan Grant Agreement Dated 6/20/77, Part III,
• Between the Energy Division, N.C. Department of Commerce and N.C. Department of
• Administration
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0401 Responsibilities {#sec-01-ncac-30a-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0401}

Responsibilities of this office include overseeing the construction of all capital improvement projects for the state, maintaining construction schedules and performing final and follow-up inspections.

History

• Authority G.S. 143-341(3); 143B-10
• Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0402 Construction Phase {#sec-01-ncac-30a-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0402}

History

• Status: repealed
• Authority G.S. 133-1.1; 143-341; 143B-10
• Eff. February 27, 1979
• Repealed Eff. June 1, 1986.

01 NCAC 30A .0403 Designer's Responsibilities {#sec-01-ncac-30a-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0403}

The designer's responsibilities during the construction phase shall be as described in the Planning Procedures (OC-18), the General Conditions and the State Construction Manual. The designer's responsibilities shall include the following:

(1) Pre-construction Conference. The designer shall arrange for and give written notice to all contractors, the owner and the division of state construction as to a time and place of the pre-construction conference. The purpose of this meeting is to review all requirements of the division of state construction and to coordinate activities for all construction. Minutes of this conference shall be sent to all contractors, the owner and the division of state construction;

(2) Monthly Progress Meetings

(a) The designer shall establish and conduct a regular schedule of monthly meetings to be held at the job site each month throughout the entire construction period. Authoritative home office and project personnel representatives of each prime contractor shall be required to attend such meetings. The owner and the division of state construction shall be notified of such meetings and are expected to be represented. The purpose of these regular meetings is to assess the monthly status and progress of the work. Remedial measures, if necessary, should be decided upon by joint agreement and the results thereof evaluated at the next meeting. These meetings shall be open to the subcontractors, material suppliers and any others who can contribute beneficially toward maintaining required job progress, and such personnel shall be encouraged to attend. It shall be the principal purpose of these meetings or conferences to effect coordination, cooperation, and assistance in every practical way to maintain progress of the project and to complete the project within the contract time.

(b) The designer shall prepare and submit to both the owner and to the division of state construction a report of the pertinent and salient matters considered and conclusions reached at each of these monthly meetings, together with such other matters relating to project progress throughout the life of the contract;

(3) Construction Progress Reports

(a) The designer shall submit copies of monthly construction progress reports to both the owner and the division of state construction. Sample forms may be obtained from the division of state construction. Particular attention shall be given to the schedule status of the work, indicating whether or not work is on schedule, giving reasons if work is not on schedule, and the status of required insurance. Reports shall indicate date of starting work and scheduled date of completion.

(b) Construction progress reports shall include weekly inspection reports by the designer and all consultants involved, consistent with work in progress. Sample forms for weekly inspection reports may be obtained from the division of state construction;

(4) Field Testing (Witnessing and Approving Results of All Field Testing on the Project). Copies of test results shall be sent to the division of state construction;

(5) Details. Processing shop drawings, providing details and interpretations, and processing material lists and other data with sufficient dispatch to preclude construction delays;

(6) Administration. Providing general administration for construction contracts;

(7) Change Orders

(a) No change in the construction from approved plans and specifications shall be made until a change order has been prepared and approved, except in the case of emergency, as covered in general conditions (Form OC-15).

(b) Change orders shall be prepared with sufficient copies to provide one to each holder of contract documents and one copy for the contractor's surety.

(c) Change orders shall be accompanied by a complete breakdown showing computation of the cost, together with a written explanation of the change and reasons for the change.

(d) The designer, by his submission of the change order to the owning agency, certifies that he has examined and analyzed the change order and has found it to be in order, and the cost reasonable.

(e) The owning agency shall forward all copies of the change order to the division of state construction for final approval and distribution.

(f) Incomplete change orders will be returned to the designer for correction and completion;

(8) Payments

(a) Contractors' requests for payments shall be submitted to the designer for approval.

(b) Designer submits for payment. After payment requests have been approved, the designer shall apply his certificate and submit the requests to the owner in sufficient copies for payment. The designer's certificate shall show the following:

(i) total amount of contract,

(ii) extra work,

(iii) credits,

(iv) total of contract plus or minus any changes,

(v) value of work performed to date,

(vi) value of material stored on the site,

(vii) retainage,

(viii) amount previously paid,

(ix) amount of present certificate,

(x) balance of contract sum;

(9) Final Inspection

(a) Prior to issuance of final payment certificates, the designer shall schedule a formal final inspection.

(b) Written notice of the inspection shall be furnished not less than one week prior to the inspection to the owning agency, the division of state construction, the contractors concerned, other persons designed by the owning agency, and, where applicable, the Department of Insurance (engineering division), the division of health services of the Department of Human Resources (sanitary engineering section), and the Department of Labor.

(c) The designer shall conduct the inspection and tabulate a punchlist of all defects or discrepancies for correction by the responsible contractors. Copies of the punchlist will be furnished to all parties.

(d) Upon completion, by the contractors, of corrections required by the punchlist, the designer shall schedule a second inspection at the convenience of the owning agency and shall furnish written notice not less than one week prior to such inspection to the owning agency, the division of state construction and the contractors concerned. Within one week following such inspection, the designer shall furnish written notice to the division of state construction as to whether or not the punchlist items have been completed.

(e) Upon completion of the project, the designer shall compute the total time for completion as allowed in the contract, plus any time extensions granted and determine the number of days, if any, in excess of the contract construction time for which the several contractors appear liable for liquidated damages. The designer shall then notify the affected contractors of any proposed assessments of liquidated damages and allow the contractors time to respond thereto. The designer shall then prepare recommendation to the owning agency and to the division of state construction as to the amount of liquidated damages, if any, to be assessed and the portion of such assessment attributed to each of the several prime contractors.

(f) Upon acceptance of the project, the designer shall assemble written guarantees, affidavits, manuals of instruction for operation, and other required and closing papers of the contractors; issue certificates of final completion, certificates of compliance as required by G.S. 133-1.1, final certificates for payment; set the date for the beginning of the guarantee period; and forward all closing papers to the owning agency with appropriate duplicates to the division of state construction.

(g) Contractors shall not cancel their builder's risk insurance until final acceptance of the project (including completion of the punchlist items) and then shall furnish the required cancellation notice to the designer and the owning agency.

(h) Final inspection shall not be scheduled until all contracts are completed unless otherwise approved by the division of state construction.

(i) Owning agencies shall not occupy or use any portion of the project unless such occupancy or use has been approved by the division of state construction. In such instances, the owning agency must comply with all conditions required by the division.

History

• Authority G.S. 133-1.1; 143-341; 143B-10
• Eff. February 27, 1979
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30A .0404 Contractor Disputes {#sec-01-ncac-30a-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0404}

History

• Status: expired
• Authority G.S. 143-135.3; 143B-10; 1 NCAC 1B
• Eff. February 27, 1979
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 30A .0405 Review by Division of State Construction {#sec-01-ncac-30a-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0405}

History

• Status: expired
• Authority G.S. 143-135.3; 143B-10; 1 NCAC 1B
• Eff. February 27, 1979
• Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 30A .0406 Review by State Construction Office for Fire Safety Requirements {#sec-01-ncac-30a-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30A .0406}

In all cases where plans are submitted to the State Construction Office pursuant to G.S. 58-31-40:

(1) The owner shall submit complete construction documents to the State Construction Office in accordance with the planning procedures in Rule .0208 of this Chapter.

(2) Pursuant to G.S. 58-31-40 (c), should an owner request review and final approval of the plans by the State Construction Office and the Department of Insurance and if the plans have not been approved by the Commissioner of Insurance within 60 days of submittal, such review and final approval shall be conducted by the State Construction Office within 30 days.

(3) No type of structural work shall be initiated by the owner without prior approval of the State Construction Office.

History

• Authority: G.S. 143-135.26; S.L. 2001-496, s. 11
• Temporary Adoption Eff. February 1, 2003
• Eff. March 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

Subchapter B

01 NCAC 30B .0101 Powers and Duties {#sec-01-ncac-30b-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30B .0101}

History

• Status: repealed
• Authority G.S. 129-42.2
• Eff. February 27, 1979
• Amended Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

01 NCAC 30B .0102 Agencies Under the Authority {#sec-01-ncac-30b-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30B .0102}

History

• Status: repealed
• Authority G.S. 129-42.1
• Eff. February 27, 1979
• Repealed Eff. October 1, 1984.

01 NCAC 30B .0103 Approval of Construction Contracts Under $50,000 {#sec-01-ncac-30b-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30B .0103}

History

• Status: repealed
• Authority G.S. Chapter 129, Article 7
• Eff. February 27, 1979
• Repealed Eff. October 1, 1984.

01 NCAC 30B .0104 Selection Procedures for Architects and Engineers {#sec-01-ncac-30b-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30B .0104}

History

• Status: repealed
• Authority G.S. Chapter 129, Article 7
• Eff. February 27, 1979
• Repealed Eff. October 1, 1984.

01 NCAC 30B .0105 Selection of Architects: Engineers and Other Consultants {#sec-01-ncac-30b-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30B .0105}

History

• Status: repealed
• Authority G.S. 129-42
• Eff. October 1,1984
• Repealed Eff. January 1, 1988.

01 NCAC 30B .0106 Approval of Construction Contracts {#sec-01-ncac-30b-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30B .0106}

History

• Status: repealed
• Authority G.S. 129-42; 143-341
• Eff. October 1, 1984
• Repealed Eff. June 1, 1986.

01 NCAC 30B .0107 Advertisement {#sec-01-ncac-30b-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30B .0107}

History

• Status: repealed
• Authority G.S. 129-42
• Eff. October 1, 1984
• Repealed Eff. January 1, 1988.

Subchapter C

01 NCAC 30C .0101 Purpose {#sec-01-ncac-30c-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30C .0101}

History

• Status: repealed
• Authority G.S. 159F-1; 159F-4(a),(c)
• Eff. August 1, 1984
• Repealed Eff. June 1, 1986.

01 NCAC 30C .0102 Staff {#sec-01-ncac-30c-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30C .0102}

History

• Status: repealed
• Authority G.S. 159F-1; 159F-4(a),(c)
• Eff. August 1, 1984
• Repealed Eff. June 1, 1986.

01 NCAC 30C .0103 Location {#sec-01-ncac-30c-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30C .0103}

History

• Status: repealed
• Authority G.S. 159F-1; 159F-4(a),(c)
• Eff. August 1, 1984
• Repealed Eff. June 1, 1986.

01 NCAC 30C .0104 Requests for Information by the Public {#sec-01-ncac-30c-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30C .0104}

History

• Status: repealed
• Authority G.S. 159F-4(c); 159F-5(a)(1) through (a)(16); 159F-6; 159F-7(c); 159F-8
• Eff. August 1, 1984
• Repealed Eff. December 1, 2012.

01 NCAC 30C .0105 Function {#sec-01-ncac-30c-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30C .0105}

History

• Status: repealed
• Authority G.S. 159F-4(c); 159F-5(a)(1) through (a)(16); 159F-6; 159F-7(c); 159F-8
• Eff. August 1, 1984
• Repealed Eff. December 1, 2012.

01 NCAC 30C .0201 Rule-Making and Administrative Hearing Procedures {#sec-01-ncac-30c-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30C .0201}

History

• Status: repealed
• Authority G.S. 150B-11; 150B-14; 159F
• Eff. August 1, 1984
• Repealed Eff. December 1, 2012.

Subchapter D

01 NCAC 30D .0101 Authority {#sec-01-ncac-30d-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30D .0101}

The State Building Commission, hereinafter referred to as SBC, is a statutory body, empowered by Public Law to perform a multiplicity of duties with regard to the State's Capital Facilities Development and Management Program. In the specific area of state capital improvement project design selection, the SBC is empowered to adopt rules establishing standard procedures and criteria to assure that the designer selected for each state capital improvement project and the consultant selected for planning and studies of an architectural and engineering nature associated with a capital improvement project or a future capital improvement project has the qualifications and experience necessary for that capital improvement project or the proposed planning or study project. The SBC is responsible and accountable for the final selection of the designer and the final selection of the consultant. The exceptions are The University of North Carolina and the General Assembly which shall be responsible and accountable for the final selection of designers and the final selection of consultants for capital projects in which they are the funded agencies.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. January 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30D .0102 Policy {#sec-01-ncac-30d-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30D .0102}

It is the policy of the SBC to select designers and consultants for capital improvement projects as defined in G.S. 143-135.27, based on criteria contained herein and to make available to every designer and consultant duly licensed to practice in North Carolina, the opportunity to be considered for providing professional services for those departments and agencies under its jurisdiction. The SBC considers that the selection of competent designers and consultants is vital to providing the State of North Carolina with best and most appropriate facilities consistent with authorized funds. These procedures are intended to provide a basis for the fair and uniform selection of designers and consultants. These procedures for defined projects are intended to be consistent with the 1987 N.C. Session Laws 102. Projects not covered by this policy shall also be consistent with the 1987 N.C. Session Laws 102.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. January 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30D .0103 Definitions {#sec-01-ncac-30d-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30D .0103}

For purposes of this Subchapter, the following definitions shall apply:

(1) "Annual Service Agreement" means an open end agreement for professional services with a designer or consultant, subject to the limitations of the Rule in this Subchapter.

(2) "Capital Projects Coordinator" means the individual authorized by each funded agency to coordinate all capital improvement projects and related matters with the State Construction Office and to represent that agency on all matters presented to the SBC. The individual so designated for purposes of the Rules in this Subchapter may have other titles within his agency but shall carry out the duties assigned herein to the Capital Projects Coordinator. Whenever the Capital Projects Coordinator is referenced herein, it shall be understood to include a designated assistant or representative.

(3) "Consultant" means any individual, firm, partnership, corporation, association or other legal entity selected for planning and studies of an architectural and engineering nature associated with a capital improvement project. The consultant must be licensed to practice architecture or engineering in the State of North Carolina.

(4) "Contact person" means the person named in the public advertisement who shall be the Capital Projects Coordinator or his designee.

(5) "Designer" means any individual, firm, partnership, corporation, association or other legal entity licensed to practice architecture, engineering, or landscaping architecture in the State of North Carolina.

(6) "Funded agency" means the department, agency, authority, or office that is named in the legislation appropriating funds for the design and/or or construction project.

(7) "Major projects" means those capital improvement projects whose authorized funding or estimated cost is greater than five hundred thousand dollars ($500,000.00) or a planning study activity whose authorized funding is greater than fifty thousand dollars ($50,000.00).

(8) "Minor projects" means those capital improvement projects whose authorized funding or estimated cost is five hundred thousand dollars ($500,000.00) or less or a planning or study activity whose authorized funding is fifty thousand dollars ($50,000.00) or less. Minor projects may also include a grouping of small non-specified or anticipated projects whose aggregate total falls within the minor project cost limitations.

(9) "Professional services" means those services within the scope of the practice of architecture, engineering or landscape architecture as defined by the public laws of North Carolina.

(10) "Special inspections" means detailed inspections of materials, installation, fabrication, erection or placement of components and connections requiring special expertise to ensure compliance with construction documents and referenced standards as per Section 1704 of the NC State Building Code.

(11) "Using agency" means the sub-division of the funded agency for whose use the project is to be provided. If the funded agency is so subdivided for administrative control, the using agency would be a division, geographically self-contained facility, campus, or similar body, as determined by the administrative head of the funded agency.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. January 1, 1988
• Amended Eff. June 1, 2005, May 1, 1990; April 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30D .0201 Project Description {#sec-01-ncac-30d-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30D .0201}

It shall be the responsibility of each Capital Projects Coordinator to provide the State Construction Office with a written description of the professional services desired, the program or scope of work, schedule requirements, amount of authorized funds and other appropriate information for each project requiring professional services. This information should be provided to the State Construction Office seven days prior to the publication dates of the first and fifteenth of each month for the North Carolina Purchase Directory. The Capital Projects Coordinator is responsible for prompt initiation of the designer or consultant selection process to enable the completion of designer or consultant selection with 60 days of the date funds are appropriated for a project by the General Assembly or the date of project authorization by the Director of the Budget. The State Building Commission may grant an exception to this requirement upon written request of the funded agency if:

(1) no site was selected for the project before the funds were appropriated; or

(2) funds were appropriated for advance planning only.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. January 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30D .0202 Public Announcement {#sec-01-ncac-30d-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30D .0202}

Based upon project information furnished by a Capital Projects Coordinator, the State Construction Office shall publish an announcement of the need for professional services, a designated contact person in the using agency and the closing date in the North Carolina Purchase Directory. Public announcement is required prior to designer or consultant selection except in the event of emergency. In the event of an emergency, public announcement is not required and the procedure outlined in Rule .0302 (4) of this policy will be followed.

On projects, the closing date for being considered for professional services shall not be less than ten days for minor projects and 15 days for major projects nor more than 21 days from date of publication in the Purchase Directory.

A letter of interest for each project must be received by the contact person prior to a designer's being considered for professional services.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. January 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30D .0301 Designer or Consultant Qualifications {#sec-01-ncac-30d-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30D .0301}

All designers or consultants desiring to provide professional services shall file with the State Construction Office a Federal Standard Form 254 by January 1 of each year. Qualifications may be submitted any time during the year; but, during January of each year, all submissions older than 12 months may be destroyed.

In response to a specific project announcement, the designer or consultant may submit a new or updated Standard Form 254 or other information requested by the State Construction Office. Designer or consultant qualifications must be on file or submitted to the State Construction Office prior to being considered by the pre-selection committee.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. January 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30D .0302 Pre-Selection {#sec-01-ncac-30d-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30D .0302}

(a) A pre-selection committee shall be established for all projects requiring professional service. On minor projects the pre-selection committee shall consist of at least the Capital Projects Coordinator, a representative of the using agency and one representative from the State Construction Office. On major projects the pre-selection committee shall consist of at least the Capital Projects Coordinator, a representative of the using agency and two representatives from the State Construction Office. At least one member of all pre-selection committees shall be a licensed design professional.

(b) General Procedure for All Projects: The Capital Projects Coordinator shall review with the using agency the requirements of the project. This step shall take place prior to public advertisement in the Purchase Directory, because designers and consultants have a significant need to know in advance the program intent of a project in order to demonstrate their qualifications for the project in their letter of interest. The Capital Projects Coordinator shall receive all letters of interest and other qualification information either directly or from the designated contact person. After a pre-selection priority list is prepared, the list shall remain confidential except to the Secretary of the SBC. If fewer than three letters of interest are received on major projects, the project shall be readvertised in the Purchase Directory. If fewer than three letters of interest are received following the re-advertisement, the Capital Projects Coordinator may proceed with the selection process using the data received or may advertise again.

(c) Special Procedures for Minor Projects: The Capital Projects Coordinator shall review with the using agency the requirements of the project and the qualifications of all firms expressing interest in a specific project. The Capital Projects Coordinator and a representative of the using agency shall meet with the representative from the State Construction Office for the evaluation of each firm and development of a list of three firms in priority order to be presented to the SBC. The Capital Projects Coordinator may institute the interview procedures in Paragraph (d) of this Rule if he deems it beneficial in evaluating the firms. The Capital Projects Coordinator shall submit to the Secretary of the SBC the list of three firms in priority order, including pre-selection information and written recommendations, to be presented to the SBC. The Capital Projects Coordinator shall state in the submission to the SBC that the rules for public announcement and pre-selection have been followed.

(d) Special Procedures for Major Projects: The pre-selection committee shall review the requirements of a specific project and the qualification of all firms expressing interest in that project and shall select from that list not more than six nor less than three firms to be interviewed and evaluated. The pre-selection committee shall interview each of the selected firms, evaluate each firm interviewed, and rank in order three firms. The Capital Projects Coordinator shall state in his submission that the rules for public announcement and pre-selection have been followed.

(e) Special Procedures for Emergency Projects: On occasion, emergency design or consultation services may be required for restoration or correction of a facility condition which by its nature poses a hazard to persons or property, or when an emergency exists. Should this situation occur, in all likelihood there will not be sufficient time to follow the normal procedures described in this Rule. The Capital Projects Coordinator on these occasions may declare an emergency, notify the State Construction Office and then obtain the services of a designer or consultant for consultation or design of the corrective action. In all cases, such uses of these emergency powers shall involve a written description of the condition and rationale for employing this special authority signed by the head of the agency and presented to the SBC at its next normal meeting. Timeliness for obligation of funds or other non-hazardous or non-emergency situations do not constitute sufficient grounds for invoking this special authority.

(f) Fixed Term Contract: A Funded Agency or a Using Agency may require the services of designer(s) or consultant(s) for projects under three hundred thousand dollars ($300,000) on a fixed term basis for one year. In such cases, designer(s) or consultant(s) for fixed term contracts shall be selected in accordance with the procedures for minor projects in Paragraph (c). In addition, no fixed term contract fee under the jurisdiction of the State Building Commission shall exceed one hundred fifty thousand dollars ($150,000) in total volume per year regardless of the number of projects. No fee shall exceed thirty-six thousand dollars ($36,000) per project. Fixed term contracts may be extended for a term of one additional year. Total fees shall not exceed one hundred fifty thousand dollars ($150,000) for the first year or three hundred thousand dollars ($300,000) for the two-year period regardless of the number of projects.

(g) Special Procedures for Department of Environment and Natural Resources: For Division of Water Quality projects under the Wetlands Restoration Program, the Funded Agency may require the services of multiple designer(s) or consultant(s) for design and construction management of wetland, stream and riparian buffer restoration projects on a routine basis. In such cases, designer(s) or consultant(s) for such open-ended contracts shall be selected in accordance with the procedures described for minor projects. This does not preclude the Funded Agency's use of the designer selection procedures specified for major or minor projects if it elects to do so. The total volume of business in terms of negotiated design fee shall not exceed seven hundred thousand dollars ($700,000) for the biannual contract term and no single project fee shall exceed three hundred fifty thousand dollars ($350,000). In no case shall individual projects exceeding one million five hundred thousand dollars ($1,500,000) in total costs be assigned for design under an open-end agreement. Open-end agreements under this procedure shall not be extended beyond a two-year term. The funded agency must readvertise on a biannual basis.

(h) Special Procedures for Special Inspections: Special Inspections professional services may be selected utilizing any one of the following methods:

(1) The special inspections services may be performed as part of the project design services rendered by the project designer selected in accordance with Paragraphs (a) through (d) of this Rule.

(2) The special inspections services may be performed, independent of the project design services contract, by:

(A) a firm selected in accordance with Paragraphs (a) through (d) of this Rule.

(B) a firm selected via in accordance with Paragraph (f) of this Rule. Firms for such open-ended contracts shall be selected in accordance with the procedures described for minor projects. This does not preclude the Funded Agency's use of the designer selection procedures specified for major or minor projects if it elects to do so. In addition, no annual contract fee shall exceed three hundred thousand dollars ($300,000.00) in total volume and no single fee shall exceed one hundred thousand dollars ($100,000.00). Annual contracts may be extended for one additional year. However, if extended for an additional one-year period, the designer may not be selected for the next annual contract. Total annual fees shall not exceed three hundred thousand dollars ($300,000.00) for first year or six hundred thousand dollars ($600,000.00) for two-year period. If and when these fees are used to limit, the agency must readvertise.

(C) a firm selected from the consultants formally identified in Article 13 of the Standard Form of Agreement Between Owner and Designer.

(D) a firm initially selected using a qualifications based selection process, currently under contract for that project, and qualified to perform special inspections services.

History

• Authority G.S. 143-135.25; 143-135.26; S.L. 2001-442, Sec. 6(c)
• Eff. January 1, 1988
• Amended Eff. July 1, 1993; May 1, 1990
• Temporary Amendment Eff. May 15, 2002
• Amended Eff. June 1, 2005, November 1, 2004; August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30D .0303 Selecting Criteria {#sec-01-ncac-30d-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30D .0303}

In selecting the three firms to be presented to the SBC, the pre-selection committee should take into consideration such factors as:

(1) Specialized or appropriate expertise in the type of project.

(2) Past performance on similar projects.

(3) Adequate staff and proposed design or consultant team for the project.

(4) Current workload and State projects awarded.

(5) Proposed design approach for the project including design team and consultants.

(6) Recent experience with project costs and schedules.

(7) Construction administration capabilities.

(8) Proximity to and familiarity with the area where project is located.

(9) Record of successfully completed projects without major legal or technical problems.

(10) Other factors that may be appropriate for the project.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. January 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30D .0304 Designer or Consultant Selection for Unc System Projects {#sec-01-ncac-30d-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30D .0304}

In selecting designers or consultants for its projects, the UNC system shall comply with the preceding policies and pre-selection procedures, except that pre-selection committees need not include a representative of the State Construction Office. The UNC system shall establish its own procedures for final designer or consultant selection. These procedures shall correspond in form to those established below for other than UNC system projects and shall be filed with and approved by the SBC.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. January 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30D .0305 Designer/Consultant Selection for Other Than Unc Sys Projects {#sec-01-ncac-30d-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30D .0305}

Upon receipt of a letter from the Capital Projects Coordinator listing three firms in priority order along with recommendations and pre-selection information, as requested by the SBC, the Secretary of SBC, upon determination that all information has been submitted, will place the request for consideration on the agenda for the next SBC meeting.

The Capital Projects Coordinator shall make a report to the SBC outlining the procedures that were followed and justification for the priority list of three firms. Upon a determination by the SBC that the standard procedures and criteria have been properly followed, the SBC will:

(1) Select the firms in the priority order recommended by the state or agency; or

(2) Select the firms in a different priority order from that recommended by the funded agency and give justification for such selection; or

(3) Request a new priority list and give justification for such request.

History

• Authority G.S. 143-315.25; 143-135.26
• Eff. January 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30D .0306 Contract Negotiation {#sec-01-ncac-30d-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30D .0306}

After the three have been notified of the selection action by The University of North Carolina or the SBC, a representative from the State Construction Office, the Capital Projects Coordinator, and a representative from the using agency will discuss with the selected designer or consultant appropriate information about the project, the scope of services to be provided and the state design/review/construction process.

The State Construction Office will request in writing a detailed fee proposal from the selected designer or consultant. The State Construction Office in coordination with the Capital Projects Coordinator and the using agency will attempt to negotiate a fair and equitable fee consistent with the project program and the professional services required for the specific project. In the event a fee cannot be agreed upon, the State Construction Office shall terminate the negotiations and shall repeat the notification and negotiation process with the next ranked firm on the selection list. In the event a fee cannot be agreed upon with the second-ranked designer or consultant, the process will be repeated with the third-ranked designer or consultant. If a fee still cannot be agreed to, the SBC shall review the history of negotiations and make appropriate determinations including program adjustments so as to lead to a negotiated contract with one of the original three firms selected. Such renegotiation with the firms shall be carried out in the original selection order, or call for the Capital Projects Coordinator to submit another list of three firms in priority order to the SBC or to the UNC system. The negotiation process will continue until a fee has been determined that is agreed to by the State Construction Office, the using agency, and the designer or consultant. Annual contracts are subject to special management procedures described herein. Normally, the initial fee negotiation for this type of work will involve mutual agreement in unit costs for time, materials, and overhead; a final lump sum price for each discrete project will be negotiated in advance as each project is ordered.

Following execution of the contract, the State Construction Office will publish in the North Carolina Purchase Directory the list of three firms selected in priority order, the firm to be contracted with, and the fee negotiated.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. January 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

Subchapter E

01 NCAC 30E .0101 Authority {#sec-01-ncac-30e-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0101}

The State Building Commission, hereinafter referred to as SBC, is a statutory body, empowered by Public Law to perform a multiplicity of duties with regard to the State's Capital Facilities development and management program. In the specific area of state capital improvement project designer and consultant evaluation, the SBC is empowered to develop procedures for accomplishment of such evaluation.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1. 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30E .0102 Policy {#sec-01-ncac-30e-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0102}

It is the policy of the SBC to evaluate designers for capital improvement projects as defined in G.S. 143-135.27 based on criteria contained herein. Further, it is considered of paramount importance that every state capital improvement project receive a professional design which is timely, of highest professional quality, and in keeping with the project scope. It is to this end that individual designer's or consultant's performance on state capital improvement projects should be fairly and consistently evaluated and used as a factor in designer or consultant selection for future work.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30E .0103 Definitions {#sec-01-ncac-30e-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0103}

For purposes of this Subchapter, the following definitions shall apply:

(1) "Capital Projects Coordinator" means the individual authorized by each funded agency to coordinate all capital improvement projects and related matters with the State Construction Office and to represent that agency on all matters presented to the SBC. The individual so designated for purposes of these rules may have other titles within the individual's agency but shall carry out the duties assigned herein to the Capital Projects Coordinator. Whenever the Capital Projects Coordinator is referenced herein, it shall be understood to include a designated assistant or representative. Concerning evaluation of designers, or consultants the Capital Projects Coordinator is responsible for the agency's evaluation of each phase of the project as well as the overall designer's or consultant's evaluation.

(2) "Project Designer" means any individual, firm, partnership, corporation, association or other legal entity licensed to practice architecture, engineering, or landscape architecture in the State of North Carolina. The designer or consultant shall be responsible for the performance of all his consultants. Accordingly, the evaluation of the project designer will include evaluation of the work of all consultants who are included in the designer's contract with the funded agency.

(3) "Consultant" means any individual, firm, partnership, corporation, association or other legal entity selected for planning and studies of an architectural and engineering nature associated with a capital improvement project. The consultant must be licensed to practice architecture or engineering in the State of North Carolina.

(4) "Funded Agency" means the department, agency, authority or office that is named in the legislation appropriating funds for the design and/or construction project.

(5) "Owner's Representative" is an individual appointed by the using agency to represent the using agency on all user-related matters. The owner is the representative of the using agency as defined in Rule .0103(9) of Subchapter 30D - State Building Commission Designer Selection Procedures.

(6) "Professional Services" means those services within the scope of the practice of architecture, engineering, landscape architecture or surveying as defined by the public laws of North Carolina.

(7) "Scope Statement" means a written description of the capital project that is to be designed. Normally the scope statement shall reflect the written project description as contained in the project cost estimate validated by the State Construction Office.

(8) "Evaluation Form" is the form to be used for all designers' or consultants' evaluations. The form shall be developed and approved by the State Building Commission and is the only approved document for this purpose; it may be reproduced by the agencies as required.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30E .0201 Project Description {#sec-01-ncac-30e-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0201}

It shall be the responsibility of each Capital Projects Coordinator, for each Capital Improvements project as defined in G.S. 143-135.27 requiring professional services, to provide the State Construction Office with a written description of the professional services desired, the scope of work, schedule requirements, amount of authorized funds and other appropriate information. Particular emphasis will be placed on a determination as to whether the designer's or consultant's services are to include items such as programming, modeling, special presentations or other requirements beyond specific facility design. This requirement data shall be incorporated in the designer's or consultant's professional services contract and will serve as key elements against which the designer's or consultant's performance will be evaluated.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30E .0202 Design Contract {#sec-01-ncac-30e-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0202}

It shall be the responsibility of the Office of State Construction to ensure that both the Capital Projects Coordinator and the designer or consultant have a clear mutual understanding of design requirements for the project and key elements of these requirements are included in the professional services contract between the agency and the designer or consultant.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30E .0301 Design Phases {#sec-01-ncac-30e-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0301}

Definitions:

(1) "Pre-Design Phase" is the description of the provision of professional services prior to actual design. If a firm scope of the work is not known, the design agreement may be written in such a manner as to require project programming assistance by the designer or consultant, followed by agency approval of a designer-proposed project scope, prior to commencement of actual design. In evaluating design or consultant services during this phase, the Capital Projects Coordinator may wish to receive input from the Owner's representative.

(2) "Design Phase" involves preparation of the actual design. The Capital Projects Coordinator must maintain active involvement during the design process in order to be able to evaluate the designer's or consultant's response to owner requirements, the consistency of owner requirements, external design requirements driven by insurance or environmental considerations, etc., the technical design itself, designer/owner response to review comments, adherence to design schedule, and quality of cost estimate, as well as adherence of the cost estimate to the project budget. In general, the evaluation of this phase is to encompass the efficiency and effectiveness of the designer in adherence to the project scope statement. Included is an evaluation of subconsultants if utilized. The subconsultant performance will also be considered in evaluation of the principal designer. The Capital Projects Coordinator, in preparing the evaluation of the design phase, may wish to receive input from the Owner's representative as well as the State Construction Office.

(3) "Bidding-Construction Phase" encompasses the process for provision of professional services for bidding, award, and construction of the project. As the job progresses past contract award, the Capital Projects Coordinator must maintain a continuing awareness of designer performance during the period of construction including the shop drawing review process, payment processing, change order management, and field administration including project cost control. The Capital Projects Coordinator or owner's representative should attend the monthly construction progress meetings. The Capital Projects Coordinator must be capable of discerning the degree to which change orders are precipitated by design errors or omissions. The Capital Projects Coordinator must be capable of determining how well the designer provides general administration of the performance of construction contracts, including inspection and continuous liaison of the work to ensure compliance with plans and specifications during the construction process. At the completion of the project, the Capital Projects Coordinator must ensure that the project designer has completed all required close-out actions. The Capital Projects Coordinator will be responsible for preparation of the Bidding-Construction Phase evaluation. Assistance will be sought from the Owner's representative and the State Construction Office in preparation of the evaluation for this phase of the project.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30E .0302 Overall Job Performance {#sec-01-ncac-30e-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0302}

The Capital Projects Coordinator shall determine the designer's or consultant's overall performance for the completed project. The overall rating is intended to reflect the effectiveness of the design in achieving the predetermined project scope in a timely, cost effective manner. The evaluation shall encompass the designer's or consultant's management approach to the project including cooperation of the designer's staff, communication with the Capital Projects Coordinator and Owner's representative, timeliness of action, and performance of consultants. The Capital Projects Coordinator shall invite input from the Owner's representative and the State Construction Office. All prime contractors shall be offered the opportunity to provide an assessment of the designer at job completion. The Capital Projects Coordinator shall be responsible for the final overall rating. This summary evaluation shall not necessarily reflect a precise numerical averaging of scores for the Pre-design, Design, and Bidding-Construction phases but will be generally representative of those scores. To be timely and useful, designer evaluation data will be accumulated within 30 days of submission of the final report. Prior to completion of the final designer evaluation, the Capital Projects Coordinator shall submit the proposed evaluation to the designer for comment. Comments received from designers or consultants shall be considered by the Capital Projects Coordinator. At this stage, the Capital Projects Coordinator shall prepare the final designer or consultant evaluation and provide a copy to the designer or consultant. The form approved by the SBC shall be used for this purpose.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30E .0303 Post Occupancy Evaluation {#sec-01-ncac-30e-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0303}

The designer evaluation process allows for a second evaluation to be conducted within 36 months of the completion of a capital project if design-related latent defects are discovered. A separate procedure of the State Building Commission may require a formal post-occupancy evaluation within 12 months of a building completion. The data from the 12 month post-occupancy evaluation can be used as a substitute for the follow-up designer evaluation if the Capital Projects Coordinator so determines.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30E .0304 Interim Designer or Consultant Evaluation {#sec-01-ncac-30e-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0304}

The designer or consultant may request preparation of an interim evaluation form by the Capital Projects Coordinator or the Coordinator may elect to prepare an interim evaluation if so desired. This interim evaluation is intended to reflect performance to date and should be used as a guidance device for correction of performance prior to the final evaluation.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30E .0305 Submission of Final Report {#sec-01-ncac-30e-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0305}

The Capital Projects Coordinator shall submit the completed final evaluation to the Office of State Construction with a copy to the designer or consultant. The designer or consultant shall have the opportunity to comment on the evaluation to the Office of State Construction with a copy to the Capital Projects Coordinator. Such comments on the final evaluation shall become a part of the final evaluation record. It is imperative that the final designer or consultant evaluation be completed and presented to the State Construction Office for all capital projects within 60 days of the final report. If the evaluation is not completed within the prescribed time frame, the State Building Commission may elect to process no further design awards for an agency until the evaluation is complete.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30E .0306 Report Compilation {#sec-01-ncac-30e-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0306}

The Office of State Construction will be responsible for maintaining designer or consultant evaluation data. The data maintained shall be on an individual job basis and also cumulative by the designer or consultant. Data will be made available on request to individual designer or consultant preselection committees. The data maintained by the State Construction Office will reflect performance history for a period of five years. All evaluation data on completed projects in excess of five years of age will be removed from State Construction Office files and will not be used as a factor in the cumulative evaluation.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30E .0401 Awards Program {#sec-01-ncac-30e-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0401}

Capital Projects Coordinators who consider that designer performance on a completed Capital Improvement Project merits special recognition may nominate the designer for a certificate of Design Merit. Nominations will be made by the Capital Projects Coordinator to the Office of State Construction which will screen the nominees and will in turn make appropriate recommendations to the State Building Commission. The State Construction Office may also initiate award recommendations. The SCB will consider all nominations and make final approval of all awards. The State Building Commission shall arrange for presentation of the certificates at a suitable ceremony during a time and place of its own choosing; however, these presentations will normally be made during the annual State Construction Conference. The State Construction Office shall provide staff support to the State Building Commission for this program.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1, 1988
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30E .0402 Appeals of Assigned Evaluations {#sec-01-ncac-30e-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30E .0402}

If a design or consultant firm considers that the assigned evaluation is improper and the opportunity to provide rebuttal comments for the record is insufficient to resolve the assigned rating, the designer or consultant may appeal the rating to the Office of State Construction. The State Construction Office will appoint and convene a rating panel of three professional State employees of which at least one member is a licensed professional architect or engineer to hear the appeal and render a decision. The hearing shall involve at a minimum the Capital Projects Coordinator and the Owner's representative as well as representatives of the designer or consultant who shall appear before the panel and which is open to the public. The State Construction Office hearing panel shall issue a report to the State Building Commission of the hearing and the decision reached. If the Capital Projects Coordinator or designer desires further recourse, the State Construction Office panel decision may be formally appealed to the Office of Administrative Hearings pursuant to N.C.G.S. 150B.

History

• Authority G.S. 143-135.25; 143-135.26
• Eff. October 1, 1988
• Amended Eff. May 1, 1990
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

Subchapter F

01 NCAC 30F .0101 Authority {#sec-01-ncac-30f-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0101}

The State Building Commission, hereinafter referred to as SBC, is a statutory body, empowered by Public Law to perform a multiplicity of duties with regard to the State's Capital Facilities development and management program. In the specific area of state capital improvement project contractor evaluation, the SBC is empowered to develop procedures for accomplishment of such evaluation.

History

• Authority G.S. 143-135.26(4)
• Eff. January 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30F .0102 Policy {#sec-01-ncac-30f-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0102}

It is the policy of the SBC to evaluate the work performed by prime contractors for capital improvement projects based on criteria contained herein. Further, it is considered of paramount importance that every state capital improvement project be constructed of a level of quality and adherence to a time schedule in keeping with the contract plans and specifications. It is to this end that individual prime contractor's performance on state capital improvement projects should be fairly and consistently evaluated and such evaluations used as a factor in determining qualifications of prime contractors to bid on future state capital improvement projects. If such evaluations lead to a determination that the level of performance by a contractor so warrants, the contractor may be disqualified from bidding on state capital improvement projects for a specified period of time.

History

• Authority G.S. 143-135.26(4)
• Eff. December 1, 1991
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30F .0103 Definitions {#sec-01-ncac-30f-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0103}

For purposes of this Subchapter, the following definitions shall apply:

(1) "Capital Projects Coordinator" means the individual authorized by each funded agency to coordinate all capital improvements projects and related matters with the State Construction Office (SCO) and to represent that agency on all matters presented to the SBC. The individual so designated for purposes of these Rules may have other titles within the individual's agency but shall carry out the duties assigned herein to the Capital Projects Coordinator. Whenever the Capital Projects Coordinator is referenced herein, it shall be understood to include a designated assistant or representative. Concerning evaluation of contractors, the Capital Projects Coordinator is responsible for the agency's evaluation of each phase of the project as well as the overall contractor evaluation.

(2) "Contractor" means any individual, firm, partnership, corporation, association or other legal entity licensed to perform construction in the State of North Carolina. The contractor evaluation procedure applies to a firm designated as a "prime contractor" and may include contractors receiving awards under the single prime or multiple-prime method of contract bidding and award. The prime contractor shall be responsible for performance of all sub-contractors. Accordingly, the evaluation of the prime contractor will include evaluation of the work of all sub-contractors, required by terms of the contract to be listed by the prime contractor, and all material suppliers.

(3) "Project Designer" means any individual, firm, partnership, corporation, association or other legal entity licensed to practice architecture, engineering, or landscape architecture in the State of North Carolina.

(4) "Funded Agency" means the department, agency, authority or office that is named in the legislation appropriating funds for the design and/or construction of a project.

(5) "Owner's Representative" is an individual appointed by the using agency to represent the using agency on all user-related matters.

(6) "Using Agency" means the sub-division of the funded agency for whose use the project is to provided. If the funded agency is so subdivided for administrative control, the using agency would be a division, geographically self-contained facility, campus, or similar body, as determined by the administrative head of the funded agency.

(7) "Scope Statement" means a written description of the capital project that is to be designed and constructed. Normally, the scope statement shall reflect the written project description as contained in the project cost estimate validated by the State Construction Office.

(8) "Contractor Evaluation Form" is the form to be used for all contractor evaluations. The form, approved by the State Building Commission, is the only approved document for this purpose; the form may be reproduced by agencies as required.

History

• Authority G.S. 143-64.31; 143-135.26
• Eff. January 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30F .0201 Project Description {#sec-01-ncac-30f-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0201}

(a) It shall be the responsibility of each Capital Projects Coordinator, for each Capital Improvements project as defined in G.S. 143-135.27 requiring professional services, to provide the State Construction Office with a written description of the professional services desired, the scope of work, schedule requirements, amount of authorized funds and other appropriate information. This phase of the project development is intended to convey project information.

(b) It shall be the joint responsibility of the Capital Projects Coordinator and Office of State Construction, to the best of their belief and knowledge, to ensure that the contract plans and specifications accurately reflect the description of the work to be performed by each prime contractor. This phase of the project development, intended to convey contract information, which is a sub-set of project information, is critical as the evaluation of the prime contractor's performance will depend in part on the contract requirements clearly delineating the work to be performed and establishing an appropriate time frame for contract completion.

History

• Authority G.S. 143-135.26(4)
• Eff. December 1, 1991
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30F .0202 Pre-Bid Conferences and Site Reviews {#sec-01-ncac-30f-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0202}

(a) The Capital Projects Coordinator shall evaluate each assigned project to determine if the complexity of a project warrants conducting one or more pre-bid conferences including site visits. The Capital Projects Coordinator shall be responsible for ensuring that the owner's representatives are familiar with the contract requirements and the consequences of the construction work on the owner.

(b) This step is included as attempts may be made by the owner to request that additional tasks be performed by the contractor to meet the owner's special requirements without the capital projects coordinator's and designer's knowledge and the contract plans and specifications do not contain any provision for these special requirements. Development of any special provisions and a general understanding of the contract requirements are a vital part of the contract process prior to the opening of bids.

History

• Authority G.S. 143-135.26(4)
• Eff. January 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30F .0301 Definitions {#sec-01-ncac-30f-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0301}

(a) "Pre-Bid Phase" is the phase of the contract work prior to receipt of bids. If the pre-bid or site visit meeting is utilized, the interest or participation by a contractor in this phase of the construction process does demonstrate a good faith effort by a prime contractor to understand the project requirements and resolve differences prior to bid opening. For this reason, participation by contractors in this phase does clearly demonstrate an effort on the contractor's part to facilitate the construction process and may, therefore, be evaluated. The Capital Projects Coordinator must be involved in this process.

(b) "Contract Award Phase" is a period during the award process and includes but is not limited to submission of all documents required for award, including Minority Business Enterprise (MBE) data, bonds, insurance documentation, and the executed contract documents.

(c) "Construction Phase" is the most critical portion of the work and includes not only field execution of the work but also, as a minimum: project/job site mobilization; shop drawing processing; development of job schedule; coordination/cooperation with other contractors, using agency and designer as appropriate; coordination of the activities of sub-contractors; field supervision; prosecution of the works; adherence to quality standards; and timeliness of response to field conditions or modified job requirements including change order management. The Capital Projects Coordinator must be involved in the construction phase to the degree that meaningful evaluations can be prepared for this phase; this involves Capital Projects Coordinator's attendance at monthly progress meetings or more often if necessary. Attendance at and participation in scheduled progress meetings by prime contractors shall be evaluated; an evaluation shall be performed for contractors who have been assigned project coordinator duties as outlined in the contract.

(d) "Post Construction Phase" includes but is not limited to the development and completion of the job punch list, assembly of all warranty information and product brochures, and provision of "as built" information. The Capital Projects Coordinator must maintain continuing involvement in the project until final close-out to evaluate the contractor's performance in this final phase.

History

• Authority G.S. 143-135.26(4)
• Eff. January 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30F .0302 Overall Job Performance {#sec-01-ncac-30f-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0302}

(a) The Capital Projects Coordinator shall determine the contractor's overall performance for the completed project. The overall rating is intended to reflect the performance of the prime contractor(s) in fulfilling the terms of their contract.

(b) The Capital Projects Coordinator will take into consideration the clarity of the project plans and specifications, any owner's special requirements placed on the project, and other factors such as weather and overall difficulty of the construction in assigning the overall evaluation. Obviously, the terms of the contract including project scheduling, cooperation among prime contractors, and other factors shall be considered. Further, the Capital Projects Coordinator will consider the impact of other factors, outside the contractor's control, on job performance such as owner's or designer's failure to promptly process catalog/material submittals, change orders, or detailed inspections which impinge upon job progress.

(c) The Capital Projects Coordinator must be involved in the project during the construction phase to adequately provide a meaningful evaluation and shall invite input from the owner's representative and the State Construction Office.

(d) The project designer shall be offered the opportunity to provide an assessment of the prime contractor(s) at job completion.

(e) On all multiple prime capital improvement projects, each prime contractor shall be offered the opportunity to provide input concerning the prime contractor being evaluated.

(f) The Capital Projects Coordinator may also evaluate the work performed by a sub-contractor or material supplier required to be named within the terms of the contract when such evaluation will provide clarification or enhancement of the evaluation assigned to the prime contractor. At the discretion of the Capital Projects Coordinator, input may be invited from any or all sub-contractors or material suppliers required to be named within the terms of the contract. If unsolicited input is received by the Capital Projects Coordinator from a sub-contractor or material supplier required to be named within the terms of the contract, such input may be considered in the evaluation process.

(g) The Capital Projects Coordinator shall be responsible for the final overall rating, which is a number rounded to one significant digit past the decimal (e.g., 2.5, 3.4, etc.) and shall be listed on the bar line noted as "Overall Rating." The evaluations for sub-phases of the project are to be completed on the rating form but may show as an "X" or a numerical rating on the line for the sub-phase at the option of the Capital Projects Coordinator. This summary evaluation shall not necessarily reflect a precise numerical averaging of scores for the various project phases but will be generally representative of those scores.

(h) Prior to completion of the final contractor evaluation, the Capital Projects Coordinator shall submit the proposed evaluation to the prime contractor for comment. Comments received from the prime contractor shall be considered by the Capital Projects Coordinator.

(i) To be timely, and useful, contractor evaluation data will be accumulated within 30 days of final project acceptance. At this stage, the Capital Projects Coordinator shall prepare the final contractor evaluation, provide a copy to the prime contractor being evaluated, and submit the final evaluation to the Office of State Construction. The form approved by the SBC shall be used for this purpose.

History

• Authority G.S. 143-135.26(4)
• Eff. January 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30F .0303 Interim Contractor Evaluation {#sec-01-ncac-30f-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0303}

The prime contractor(s) may request preparation of an interim evaluation form by the Capital Projects Coordinator or the Capital Projects Coordinator may elect to prepare an interim evaluation. The Capital Projects Coordinator shall seek input from the project designer if an interim evaluation is provided. This interim evaluation is intended to reflect performance to date and should be used as a guidance device for correction of performance prior to the final evaluation.

History

• Authority G.S. 143-135.26(4)
• Eff. January 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30F .0304 Submission of Final Evaluation {#sec-01-ncac-30f-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0304}

The Capital Projects Coordinator shall submit the completed final evaluation to the SCO with a copy to the prime contractor. The prime contractor shall have the opportunity to comment on the evaluation to the SCO with a copy to the Capital Projects Coordinator. These final evaluation comments shall become a part of the final evaluation record. The final contractor evaluation shall be completed and presented to the SCO within 60 days of the project's final acceptance. SCO will monitor the completion of all required evaluations and will not close out a project on which all evaluations have not been performed. If the evaluation is not completed within the prescribed time frame, the SBC may advise SCO to process no further contract awards for an agency until the evaluation is complete. Under such circumstances, the SBC will require the Capital Projects Coordinator to appear before the Commission to explain why the evaluation has not been completed.

History

• Authority G.S. 143-135.26(4)
• Eff. December 1, 1991
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30F .0305 Evaluation Review {#sec-01-ncac-30f-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0305}

(a) SCO shall maintain contractor evaluation data. This data shall be maintained on an individual job basis, and shall also be maintained cumulatively by contractor (based on contractor license number). The contractor evaluation data shall be that information prepared by the Capital Projects Coordinator during the evaluation process set forth in this Subchapter. All numerical ratings shall be given pursuant to Rule .0302 of this Section and shall evaluate those phases of the work set out in Rule .0301 of this Section; the form called for in Rule .0103(8) of this Subchapter shall be used exclusively for this purpose.

(b) The data maintained by the SCO shall reflect performance history for a period of five years. All evaluation data on completed projects over five years old shall be removed from SCO files and shall not be used as a factor in the cumulative evaluation.

(c) A contractor whose cumulative evaluation falls below a mark of 3.5 shall be determined to have provided an unsatisfactory level of performance and may not be allowed to bid on or serve as a sub-contractor on State capital improvement projects during a corrective period. All references to pre-bid disqualification status in this Section shall also be considered to apply to disqualification of a prime contractor to serve as a sub-contractor on State capital improvement projects during the disqualification period.

(d) To be utilized for pre-bid disqualification, a prime contractor's cumulative evaluation must be based on a minimum of three evaluations on at least three separate capital projects. Further, if a contractor is assigned a single final evaluation of 2.5 or lower, this action alone shall be sufficient to call the contractor's performance into question and may result in pre-bid disqualification during a corrective period.

(e) In both instances, i.e., a cumulative mark falling below 3.5 or a single evaluation of 2.5 or lower, the SCO shall convene a panel of five persons to review the evaluation and make a recommendation to the SBC. (A single final evaluation of 2.5 or lower, when applied to the cumulative total, shall not initiate further immediate review if it causes the cumulative rating to fall below 3.5.) The panel shall consist of three design/construction professional State employees of which a minimum of one employee shall be a licensed architect or engineer as appointed by the Director of State Construction and two members of the SBC as appointed by the Chairman of the Commission of which a minimum of one shall be a licensed contractor.

(f) The panel may recommend to the State Building Commission either of the following actions as a result of its review:

(1) disqualification of the contractor from bidding and placement of the contractor in a pre-bid disqualification status for a corrective period of two years;

(2) rejection of disqualification but issuance of a warning to the contractor that continued poor performance may result in disqualification.

The SCO shall retain file copies of the ratings, disqualifications and warnings.

(g) In all instances, notification of a contractor having been assigned to a pre-bid disqualification status or having been issued a warning shall be by the Chairman of the State Building Commission and only then after review and approval by the Commission of the disqualification or warning action.

(h) The disqualification as approved by the Commission shall be for a period of two years. The two-year period is intended to provide opportunity for a contractor to implement significant corrective action to improve performance. At the completion of the two-year period, the prime contractor may make application for reinstatement to the qualified bidders list; reinstatement shall be subject to action by the SBC. In the application for reinstatement, the contractor shall set out the improvements that have been made to correct the specific areas in which the contractor was scored below 3.5 in its cumulative evaluation. If the improvements listed and the investigation of the contractor made by the SBC are such that the Commission forecasts the contractor's performance would be 3.5 or above if reinstated, then the SBC shall reinstate the contractor to the qualified bidders list. If the SBC approves reinstatement, the contractor's pre-bid disqualification shall be removed, thus allowing the contractor to bid.

(i) Removal of a contractor from the pre-bid disqualification status, upon approval by the SBC, shall involve deletion of all evaluations from the State Construction Office's records.

(j) If a contractor has been removed from the qualified bidders list by virtue of accumulated evaluations falling below 3.5 and routine removal of five-year old evaluations causes the contractor to achieve an overall evaluation score of 3.5 or higher, the contractor shall not be automatically reinstated to the qualified bidders list but rather must remain in a disqualified status for a total of two years with reinstatement considered by the SBC as outlined in this Rule. If after the two-year corrective period the SBC does not approve removal of a contractor from the pre-bid disqualification status, the prime contractor may reapply after a period of 12 months and annually thereafter until the pre-bid disqualification status is removed.

(k) Lists of all contractors who are in a pre-bid disqualification status shall be maintained by the SCO. Prior to bid opening, the project designer shall obtain from the SCO a list of those contractors in a pre-bid disqualification status and shall ensure that no bids for State capital improvement projects shall be read from a contractor in such status.

History

• Authority G.S. 143-135.26(4)
• Eff. January 1, 1992
• Amended Eff. April 1, 1999
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30F .0401 Post-Occupancy Evaluation {#sec-01-ncac-30f-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0401}

Following project close-out, the prime contractor is often required to take remedial action to correct discrepancies which fall under product or construction warranty. While this phase of the project normally proceeds without serious difficulty, Capital Projects Coordinators may at their option, submit a special evaluation during the contract warranty period if circumstances dictate. This special evaluation will involve completion of the optional post-occupancy evaluation portion of the form but will not normally involve re-computation of the evaluation(s) assigned for the previous four phases. A new overall contractor evaluation will be assigned which will take into consideration the previously assigned evaluation. If the post-occupancy contractor evaluation is completed, the contractor being evaluated will be afforded the same opportunity to provide input on the evaluation as was provided on the evaluation made at job construction completion.

History

• Authority G.S. 143-135.26(4)
• Eff. January 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30F .0402 Awards Program {#sec-01-ncac-30f-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0402}

Capital Projects Coordinators who determine that contractor performance on a completed capital improvement project merits special recognition may nominate the contractor for a Certificate of Merit. Nominations will be made by the Capital Projects Coordinator to the SCO which will screen the nominees and will in turn make appropriate recommendations to the SBC. The SCO may also initiate award recommendations. The SBC will consider all nominations and make final approval of all awards. The State Building Commission shall arrange for presentation of the certificates at a suitable ceremony during a time and place of its own choosing; however, these presentations will normally be made during the annual State Construction Conference. The SCO shall provide staff support to the State Building Commission for this program.

History

• Authority G.S. 143-135.26(4)
• Eff. December 1, 1991
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30F .0403 Appeals of Assigned Evaluations: Disqualification from Bidding {#sec-01-ncac-30f-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30F .0403}

(a) If a prime contractor considers that the assigned final evaluation is incorrect the prime contractor may appeal the action to the SCO. It is emphasized that this appeal is an appeal to an assigned evaluation score and is separate from an appeal resulting from assignment to a pre-bid disqualification status described in Rule .0305 of this Subchapter.

(b) To evaluate an appeal of an individual final evaluation, the SCO will appoint and convene a rating panel of five persons of which three will be professional State employees and of the State employees at least one member is a licensed professional architect or engineer to hear the appeal and render a decision. The remaining two members, one of which will be a licensed contractor, are to be from the SBC as appointed by the Chairman. The hearing shall involve, at a minimum, the Capital Projects Coordinator and the owner's representative as well as representatives of the prime contractor who shall appear before the panel and which is open to the public. The SCO hearing panel shall issue a report to the SBC on the hearing and the decision reached.

(c) If the Capital Projects Coordinator or prime contractor desire further recourse to the initial decision by the SCO on an assigned evaluation or a decision by the SBC concerning disqualification to bid on state capital improvement projects or a decision by the SBC to not reinstate a contractor to the bidders list, the decision may be formally appealed to the Office of Administrative Hearings pursuant to N.C.G.S. 150B.

History

• Authority G.S. 143-135.26(4)
• Eff. January 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

Subchapter G

01 NCAC 30G .0101 Authority {#sec-01-ncac-30g-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30G .0101}

The State Building Commission, hereinafter referred to as SBC, is a statutory body, empowered by law to perform a multiplicity of duties with regard to the State's capital facilities development and management program. In the specific area of State capital improvement project requirements for building contracts, the SBC is empowered by G.S. 143-135.26 to adopt procedures which allows a State agency or institution, a local governmental unit, or any other entity subject to the provisions of G.S. 143-129 to use a method of contracting not authorized under G.S. 143-128. The use of any other alternative method shall be approved in advance by the SBC for any single project.

History

• Authority G.S. 143-135.26
• Temporary Adoption Eff. July 1, 1996
• Eff. August 1, 1998
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30G .0102 Policy {#sec-01-ncac-30g-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30G .0102}

Generally, it is the policy of the SBC that the public's interest is typically best served by the letting of public construction contracts pursuant to the regular statutory procedures, particularly the provisions of G.S. 143-128. Nevertheless, in addition to those situations when a project cannot be completed using the standard methods, the SBC will recognize certain extraordinary circumstances that are appropriate, in the public's interest, and will justify an exemption from the methods of contracting authorized under G.S. 143-128. Such extraordinary circumstances must be created by some unusual or unforeseen occurrence or situation and includes those situations set forth in 01 NCAC 30G .0105(b); any request made for an exemption as a result of such extraordinary circumstance must demonstrate to the SBC that requisite justification exists to obtain the exemption.

History

• Authority G.S. 143-135.26(9)(b)
• Temporary Adoption Eff. July 1, 1996
• Eff. August 1, 1998
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30G .0103 Definitions {#sec-01-ncac-30g-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30G .0103}

For the purposes of the rules in this Section, the following definitions shall apply:

(1) "Alternative contracting method" includes but is not limited to:

(a) the single-prime contracting system, not otherwise authorized under G.S. 143-128,

(b) the design-build delivery system, or

(c) the construction management delivery system.

(2) "Chairman" means the Chairman of the State Building Commission.

(3) "Construction management delivery system" means the alternative contracting method where the public owner contracts for a fee with a single person, but not the project general contractor, who administers contracts with separate contractors for the construction of the project and who is responsible as agent to the public owner for the coordination and management of the project, but where the public owner remains liable to the separate contractors.

(4) "Design-build delivery system" means that the public owner contracts for a fee with a single person for the design, management and construction of a project.

(5) "Director" means the Director of the State Construction Office.

(6) "Exemption" means the grant of authorization by the SBC for the use of a method of contracting not otherwise authorized under G.S. 143-128.

(7) "Person" means a person, firm or corporation.

(8) "Project" means the building or facility for which an exemption is requested by the public owner, and upon which the work will be performed.

(9) "Public owner" means a state agency or institution, a local government unit, or any other entity subject to the provisions of G.S. 143-129.

(10) "SBC" means the State Building Commission.

(11) "Work" means the erection, repair, construction, renovation or alteration to be performed upon a building or facility.

History

• Authority G.S. 143-135.26
• Temporary Adoption Eff. July 1, 1996
• Eff. August 1, 1998
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30G .0104 General Procedures {#sec-01-ncac-30g-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30G .0104}

(a) Application Form - The SBC shall establish a form of application to be used by public owners requesting an exemption, which shall upon request be provided to public owners. A completed application shall contain all of the information necessary to enable the SBC to determine the appropriateness and merits of approving an exemption.

(b) Rules for Application - The SBC, upon request, shall provide public owners with a copy of the rules it adopts under the authority of G.S. 143-135.26(9).

(c) Review of Application:

(1) The public owner shall submit the application to the State Construction Office, Attention: Director, Department of Administration, New Education Building, Suite 450, 301 North Wilmington Street, Raleigh, North Carolina 27601-2827. The Director shall review the application upon its receipt. If the Director determines that the application is not complete, he shall return the application to the public owner along with a written notice of the reasons for the return. Despite the return of an application, a public owner may request in writing to the Director that the SBC consider the application as originally submitted, and the notice of return to the public owner shall so state this option. An application shall be considered abandoned if it is returned pursuant to this section, and no further action is taken by the public owner to satisfy the reasons for its return.

(2) Completed applications shall be considered within 60 days of receipt by the Director of the completed application. Once scheduled for consideration by the SBC, the public owner shall be given notice of the date, time and location of the SBC meeting at which the application shall be considered.

(3) The SBC shall only accept written applications. After due consideration of these applications, the SBC shall take one of the following actions:

(A) Delay consideration of the application;

(B) Deny the application; or

(C) Approve the application.

Within five days of the SBC's action upon the application, notice of the same shall be sent to the public owner, and to the Director. Upon a delay of consideration pursuant to Paragraph (a) of this Rule, the SBC shall immediately request from the public owner or other person further information required in order to make a determination, or provide the public owner with notice of the reason for the delay.

(d) Approval of an Application - Approval of an application authorizes the public owner to utilize only the alternative contracting method as proposed by the public owner and no other method of contracting. Approval of

an application shall be effective for a period to be determined by the SBC but not exceeding 12 months. Standards used by the SBC in determining the effective length of an approval shall include, but not be limited to, the request of the public owner, the experience of the public owner, the SBC and the Director with the approved method, the recommendation of the Director, and the nature of the project. The SBC may extend the effective time period upon good cause shown by the public owner for no more than an additional 12 months. Good cause must be shown by serious reasons including, but not limited to, unforeseen acts or events that delay the project, acts of war or terrorism, unavoidable casualties or other causes beyond the public owner's control. The extension of an effective time period shall run from the last day of the prior effective time period. The effective time period shall run from the date the SBC approves the application.

(e) Conflicts of Interest - A member of the SBC is not qualified to vote upon any matter or influence any other member's vote upon any matter in which he has a conflict of interest. A conflict of interest, as related to members of the SBC having an interest in contracts authorized by the SBC, is defined in G.S. 143-135.28, and that definition applies to conflicts of SBC members having an interest in projects for which alternative contracting methods are authorized by the SBC.

(f) Public Records - The Director shall maintain a list of applications which states the name of the public owner, the name of the project, the project amount, a brief description of the category for which the exemption is sought, and a record of the SBC's action. Applications, and a record of the SBC's action upon those applications, shall be available for public inspection.

History

• Authority G.S. 143-135.26
• Temporary Adoption Eff. July 1, 1996
• Eff. August 1, 1998
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30G .0105 Criteria for Consideration {#sec-01-ncac-30g-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30G .0105}

(a) General Considerations - Applications shall be subject to the following general considerations which the SBC shall utilize in reviewing all applications:

(1) Whether the public owner has adequately justified that the requested exemption is applicable to the project.

(2) Whether under the circumstances presented the project can be reasonably completed under the methods authorized under G.S. 143-128, and if not, whether the public owner has adequately demonstrated that the proposed alternative contracting method is necessary.

(3) Whether the exemption sought is appropriate and in the public's interest.

(4) Whether the public owner has been responsible in the pre-planning stages of the project.

(b) Criteria for Exemptions - The following criteria describe circumstances where the SBC recognizes that a project may not be able to be reasonably completed under the methods authorized by G.S. 143-128, and where the use of an alternative contracting system, not otherwise authorized by G.S. 143-128, may be appropriate and in the public's interest:

(1) Special Technology or Equipment - The project involves the erection or construction of special or unique technology or equipment whose vendor requires that its services be purchased in conjunction with the technology or equipment; or the vendor guarantees the technology or equipment only if its services are purchased in conjunction with the technology or equipment.

(2) Unusual Complexity - The project involves one or more of the following conditions:

(A) very specialized or complex type of construction involving unconventional construction techniques or materials, or unusual working conditions;

(B) major renovations or an addition to an existing facility requiring continuous coordination of occupied programs or operations necessary for the protection of public health or safety; or

(C) extensive repairs, renovations or an addition to a major building or facility listed either in the North Carolina or Federal Register of Historic Properties.

(3) Accelerated Schedule - A fast track schedule is required due to actual or impending judicial intervention by means of a State or Federal court order, or to address actual or impending regulatory mandates or citation for noncompliance.

History

• Authority G.S. 143-135.26
• Temporary Adoption Eff. July 1, 1996
• Eff. August 1, 1998
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

Subchapter H

01 NCAC 30H .0101 Purpose of Mandatory Settlement Conferences {#sec-01-ncac-30h-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0101}

Pursuant to G.S. 143-128 (f1) and 143-135.26(11), these Rules are promulgated to implement a system of settlement events which are designated to focus the parties' attention on settlement rather than on claim preparation and to provide a structured opportunity for settlement negotiations to take place. Nothing herein is intended to limit or prevent the parties from engaging in settlement procedures voluntarily at any time prior to or during commencement of the dispute resolution process.

History

• Authority G.S. 143-135.26 (10), (11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30H .0102 Initiating the Dispute Resolution Process {#sec-01-ncac-30h-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0102}

(a) Any party to a public construction contract governed by G.S. 143, Article 8 and identified in G.S. 143-128 (f1) and who is a party to a dispute arising out of the construction process in which the amount in controversy is at least fifteen thousand dollars ($15,000) may submit a written request to the public owner for mediation of the dispute.

(b) Prior to submission of a written request for mediation to the public owner, the party requesting mediation:

(1) If a prime contractor, it must first submit its claim to the Project Designer for review. If the dispute is not resolved through the Project Designer's instructions, then the dispute becomes ripe for mediation in the Formal Dispute Resolution Process, and the party may submit his written request for mediation to the public owner.

(2) If the party requesting mediation is a subcontractor, it must first submit its claim to the prime contractor with whom it has a contract. If the dispute is not resolved through the Prime Contractor's informal involvement, then the dispute becomes ripe for mediation in the Formal Dispute Resolution Process, and the party may submit its written request for mediation to the public owner.

(3) If the party requesting mediation is the Project Designer, then it must first submit its claim to the public owner to resolve. If the dispute is not resolved with the public owner's informal involvement, then the Project Designers' dispute is ripe for mediation in the Formal Dispute Resolution Process, and the Project Designer may submit its written request to the public owner for mediation.

History

• Authority G.S. 143-135.26(10) and (11); S.L. 2001-496, Sec. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30H .0201 Selection of Mediator {#sec-01-ncac-30h-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0201}

(a) The parties may select a mediator certified pursuant to Paragraph (b) of this Rule. The requesting party shall file with the State Construction Office (hereinafter collectively referred to as the "SCO") if a State project or public owner, if a non-State project, a Notice of Selection of Mediator by Agreement within 10 days of the request; however, any party may file the notice. Such notice shall state the name, address and telephone number of the mediator selected; state the rate of compensation of the mediator; state that the mediator and opposing counsel have agreed upon the selection and rate of compensation; and state that the mediator is certified pursuant to these Rules.

(b) All mediators in the Formal Dispute Resolution Program shall be certified in accordance with the rules certifying mediators in Superior Court in North Carolina except when otherwise allowed by the SCO or public owner upon the request of the parties to the mediation. When selecting mediators, the parties may designate a preference for mediators with a background in construction law or public construction contracting. Such preferences are not mandatory under these Rules.

(c) The parties may select a mediator who does not meet the certification requirements of these Rules. However, all mediators gain the consent of the SCO or public owner in accordance with these Rules to mediate any dispute.

(d) If the parties cannot agree upon the selection of a mediator, the party or party's attorney shall so notify the SCO or public owner and request, on behalf of the parties, that the SCO or public owner appoint a mediator. The request for appointment shall state that the parties have had a full and frank discussion concerning the selection of a mediator and have been unable to agree. The request shall state whether any party prefers a certified attorney mediator, and if so, the SCO or public owner shall appoint a certified attorney mediator. If no preference is expressed, the SCO or public owner may appoint a certified attorney mediator or a certified non-attorney mediator.

History

• Authority G.S. 143-135.26(10) and (11); S.L. 2001-496, Sec. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30H .0202 mediation agreement {#sec-01-ncac-30h-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0202}

(a) Upon selection of the mediator, the parties shall enter into a mediation agreement. The mediation agreement shall include terms governing the time, place, and scope of the mediation. The agreement shall also include terms regarding the compensation, disqualification, and removal of the mediator.

(b) The deadline for completion of the mediation shall be 60 days after the execution of the mediation agreement. Parties are free to extend the mediation deadline by mutual agreement.

History

• Authority G.S. 143-135.26 (10) and (11); S.L. 2001-496, Sec. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30H .0203 Appointment of Mediator by the SCO {#sec-01-ncac-30h-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0203}

History

• Status: expired
• Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Temporary Adoption Expired November 20, 2003.

01 NCAC 30H .0204 Mediator Information Directory {#sec-01-ncac-30h-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0204}

History

• Status: expired
• Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Temporary Adoption Expired November 20, 2003.

01 NCAC 30H .0205 Disqualification of Mediator {#sec-01-ncac-30h-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0205}

History

• Status: expired
• Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Temporary Adoption Expired November 20, 2003.

01 NCAC 30H .0301 Where Conference is to be Held {#sec-01-ncac-30h-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0301}

Unless all parties and the mediator otherwise agree, the mediated settlement conference shall be held in the county where the project is located. The mediator shall be responsible for reserving a place for the conference and for giving notice of the time and location of the conference to all attorneys, unrepresented parties and other persons and entities required to attend.

History

• Authority G.S. 143-135.26(10) and (11); S.L. 2001-496, Sec. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30H .0302 When Conference is to be Held {#sec-01-ncac-30h-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0302}

The deadline for completion of the mediation shall be not less than 30 days nor more than 60 days after the naming of the mediator.

History

• Authority G.S. 143-135.26(10), (11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30H .0303 Request to Extend Deadline for Completion {#sec-01-ncac-30h-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0303}

History

• Status: expired
• Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Temporary Adoption Expired November 20, 2003.

01 NCAC 30H .0304 Recesses {#sec-01-ncac-30h-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0304}

History

• Status: expired
• Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Temporary Adoption Expired November 20, 2003.

01 NCAC 30H .0305 No cause for delay {#sec-01-ncac-30h-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0305}

History

• Status: expired
• Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Temporary Adoption Expired November 20, 2003.

01 NCAC 30H .0401 Attendance {#sec-01-ncac-30h-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0401}

(a) All parties to the dispute originally presented to the Designer or Prime Contractor for initial resolution shall attend the mediation. Failure of a party to a construction contract dispute to attend the mediation shall result in the public owner's withholding of monthly payment to that party until such party attends the mediation.

(b) Only physical attendance, and not attendance by telephone or other electronic means, shall constitute attendance. Any attendee on behalf of a party must have authority from that party to bind it to any agreement reached as a result of the mediation.

(c) Attorneys on behalf of parties may attend the mediation but are not required to do so.

(d) Sureties or insurance company representatives are not required to attend the mediation unless any monies paid or to be paid as a result of any agreement reached as a result of mediation require their presence or acquiescence. If such agreement or presence is required, then authorized representatives of the surety or insurance company must attend the mediation.

History

• Authority G.S. 143-135.26(10), (11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30H .0402 Finalizing Agreement {#sec-01-ncac-30h-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0402}

If an agreement is reached in the conference, parties to the agreement shall reduce its terms to writing and sign it along with their counsel, insurance carriers and bonding companies, if any.

History

• Authority G.S. 143-135.26(10), (11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30H .0403 Payment of fee {#sec-01-ncac-30h-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0403}

The mediation fee shall be paid in accordance with G.S. 143-128 (f1).

History

• Authority G.S. 143-135.26(10), (11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30H .0404 Failure to compensate mediator {#sec-01-ncac-30h-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0404}

(a) Any party's failure to compensate the mediators shall subject that party to a withholding of said amount of money from the party's monthly payment by the public owner.

(b) If the public owner is a party to the mediation and it fails to compensate the mediator, it shall be subject to a civil cause of action from the mediator.

History

• Authority G.S. 143-135.26(10) and (11); S.L. 2001-496, Sec. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30H .0501 Authority of Mediator {#sec-01-ncac-30h-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0501}

(a) Control of Conference. The mediator shall be in control of the conference and the procedures to be followed.

(b) Private Consultation. The mediator may communicate privately with any participant or counsel prior to and during the conference. The fact that private communications with a participant may occur shall be disclosed to all other participants at the conclusion of the communications.

(c) Scheduling the Conference. The mediator shall make a good faith effort to schedule the conference at a time that is convenient with the participants, attorneys and mediator. In the absence of agreement, the mediator shall select the date for the conference.

History

• Authority G.S. 143-135.26(10), (11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30H .0502 Duties of Mediator {#sec-01-ncac-30h-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0502}

(a) The mediator shall define and describe the following at the beginning of the conference:

(1) The process of mediation;

(2) The difference between mediation and other forms of conflict resolution;

(3) The costs of the mediated settlement conference;

(4) That the mediated settlement conference is not a trial, the mediator is not a judge, and the parties retain their legal rights if they do not reach settlement;

(5) The circumstances under which the mediator may meet and communicate privately with any of the parties or with any other person;

(6) Whether and under what conditions communications with the mediator shall be held in confidence during and after the conference;

(7) The inadmissibility of conduct and statements as provided by G.S. 7A-38.1(1);

(8) The duties and responsibilities of the mediator and the participants; and

(9) That any agreement reached shall be reached by mutual consent.

(b) Disclosure. The mediator has a duty to be impartial and to advise all participants of any circumstance bearing on possible bias, prejudice or partiality.

(c) Declaring Impasse. It is the duty of the mediator to determine that an impasse exists and that the conference shall end.

(d) Reporting Results of Conference. The mediator shall report to the SCO or public owner within 10 days of the conference whether or not an agreement was reached by the parties. If an agreement was reached, the report shall state the nature of said agreement. The mediator's report shall inform the SCO or public owner of the absence of any party to have been absent from the mediated settlement conference without permission. The SCO or public owner may require the mediator to provide statistical data for evaluation of the mediated settlement conference program.

(e) Scheduling and Holding the Conference. It is the duty of the mediator to schedule the conference and conduct it prior to the deadline of completion set by the rules. Deadlines for completion of the conference shall be observed by the mediator unless said time limit is changed by a written order of the SCO or public owner.

History

• Authority G.S. 143-135.26(10), (11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30H .0601 Compensation of the Mediator {#sec-01-ncac-30h-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0601}

History

• Status: expired
• Authority G.S. 143-135.26(11); S.L. 2001-496, Sec. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Temporary Adoption Expired November 20, 2003.

01 NCAC 30H .0701 Mediator Certification {#sec-01-ncac-30h-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0701}

History

• Status: expired
• Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Temporary Adoption Expired November 20, 2003.

01 NCAC 30H .0801 Rule making {#sec-01-ncac-30h-.0801 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0801}

History

• Status: expired
• Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Temporary Adoption Expired November 20, 2003.

01 NCAC 30H .0901 Definitions {#sec-01-ncac-30h-.0901 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .0901}

History

• Status: expired
• Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Temporary Adoption Expired November 20, 2003.

01 NCAC 30H .1001 Time Limits {#sec-01-ncac-30h-.1001 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30H .1001}

History

• Status: expired
• Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b)
• Temporary Adoption Eff. July 1, 2002
• Temporary Adoption Expired November 20, 2003.

Subchapter I

01 NCAC 30I .0101 Policy {#sec-01-ncac-30i-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30I .0101}

Each public entity which places a public construction project out for bid and which is subject to G.S. 143-128.2 shall require bidders to undertake good faith efforts to recruit minority business participation in the project. Bidders must earn at least 50 points from the good faith efforts listed in Rule .0102, or comply with the requirements of G.S. 143-128.2 (c)(1)(a), in order for their bids to be considered responsive. Notwithstanding this Rule, the public entity may require that additional good faith efforts be taken, as indicated in its bid specifications.

History

• Authority G.S. 143-128.2(f), S.L. 2001-496, s. 3.1, 14(b).
• Temporary Adoption Eff. August 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30I .0102 Point Values for Good Faith Efforts Undertaken. {#sec-01-ncac-30i-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30I .0102}

Good faith efforts and their values include:

(1) Contacting minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor or available on State or local government maintained lists at least 10 days before the bid or proposal date and notifying them of the nature and scope of the work to be performed. Value = 10 points.

(2) Making the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bid or proposals are due. Value = 10 points.

(3) Breaking down or combining elements of work into economically feasible units to facilitate minority participation. Value = 15 points.

(4) Working with minority trade, community, or contractor organizations identified by the Office for Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses. Value = 10 points.

(5) Attending any prebid meetings scheduled by the public owner. Value = 10 points.

(6) Providing assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors. Value = 20 points.

(7) Negotiating in good faith with interested minority businesses and not rejecting them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. Value = 15 points.

(8) Providing assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisting minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. Value = 25 points.

(9) Negotiating joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. Value = 20 points.

(10) Providing quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. Value = 20 points.

History

• Authority: G.S. 143-128.2(f), S.L. 2001-496, s. 3.1, 14(b)
• Temporary Adoption Eff. August 1, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30I .0301 Scope {#sec-01-ncac-30i-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30I .0301}

The rules in this Section apply to minority business participation in single-prime bidding, separate-prime bidding, construction manager at risk, and alternative contracting methods, on State and local government construction projects as defined in G.S. 143-128.2(a).

History

• Authority G.S. 143-128.3(e); 143-128.2
• Eff. February 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30I .0302 Definitions {#sec-01-ncac-30i-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30I .0302}

As used in this section and G.S. 143-128.2 and G.S. 143-128.3:

(1) "Bidder" means any person, firm, partnership, corporation, association, or joint venture seeking to be awarded a public contract or subcontract.

(2) "Contract" means a mutually binding legal relationship or any modification thereof obligating the seller to furnish equipment, materials or services, including construction, and obligating the buyer to pay for them.

(3) "Contractor" means any person, firm, partnership, corporation, association, or joint venture which has contracted with the State of North Carolina to perform construction work or repair.

(4) "Designer" means any person, firm, partnership, or corporation, which has contracted with the State of North Carolina to perform architectural or engineering work.

(5) "HUB Office" means the North Carolina Department of Administration Office for Historically Underutilized Businesses.

(6) "Owner" means the State of North Carolina, through the Agency/Institution and public entities named in the contract.

(7) "Public Entity" means the State of North Carolina and all public subdivisions and local governmental units thereof.

(8) "SCO" means the North Carolina Department of Administration State Construction Office.

(9) "State Construction Project" means all projects within the jurisdiction of the State Construction Office pursuant to G.S. 143-341(3); including any State Agency project, Community College's project in the amount of three hundred thousand dollars ($300,000) or more, and University System's project in the excess of two million dollars ($2,000,000).

(10) "Subcontractor" means a firm under contract with the prime contractor or construction manager at risk for supplying materials, labor, or materials and labor.

History

• Authority G.S. 143-128.3(e)
• Eff. February 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30I .0303 Adjustments to Goal {#sec-01-ncac-30i-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30I .0303}

The Secretary shall use the preceding year's minority business participation and the availability of businesses in each category as indicated by the firms identified as minority businesses by the Department of Administration in identifying appropriate percentage goals as required by G.S. 143-128.2(a).

History

• Authority G.S. 143-128.3(e); 143-128.2(a)
• Eff. February 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30I .0304 Office for Historically Underutilized Businesses Responsibilities {#sec-01-ncac-30i-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30I .0304}

(a) Interested businesses may register as a minority business as defined in G.S. 143-128.2(g). The information provided by the minority business shall be used by the HUB Office to:

(1) Identify those areas of work for which there are minority businesses, and assist those public entities who are in the process of developing a minority business outreach plan for a particular project.

(2) Make available to interested parties a list of registered minority business contractors and subcontractors.

(3) Maintain a current list of minority businesses based upon information provided by the minority businesses.

(b) The HUB Office shall also:

(1) Provide training and technical assistance to minority businesses on how to identify and obtain contracting and subcontracting opportunities through the State Construction Office and other public entities.

(2) Provide training and technical assistance to public entities on how to identify and obtain minority contractor and subcontractor participation on projects subject to the goal requirements of G.S. 143-128.2.

(3) Develop positive relationships with North Carolina trade and professional organizations by providing periodic meetings, such as networking and information sessions, obtaining input and feedback regarding minority business issues, legislation and policies, to improve the ability of minority businesses to participate in State construction projects.

(4) Monitor public entity compliance with the goal requirements of G.S. 143-128.2.

(5) Review and monitor corrective action plans for those public entities found to be out of compliance with G.S. 143-128.2.

History

• Authority G.S. 143-128.3(e); 143-128.2
• Eff. February 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30I .0305 State Construction Office Responsibilities {#sec-01-ncac-30i-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30I .0305}

On State Construction Projects, the State Construction Office shall:

(1) Attend the scheduled prebid conference, if requested, to clarify requirements of the General Statutes regarding minority-business participation, including the bidders' responsibilities.

(2) Review the apparent low bidders' statutory compliance with the requirements listed in the proposal, if the bid is to be considered as responsive, prior to award of contracts. The State may reject any or all bids and waive informalities pursuant to G.S. 143-129.

(3) Review minority business requirements at the Preconstruction conference.

(4) Monitor contractors' compliance with minority business requirements in the contract documents during construction.

(5) Resolve protests and disputes arising from implementation of the minority business participation outreach plan, in conjunction with the HUB Office.

History

• Authority G.S. 143-128.3(e)
• Eff. February 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30I .0306 Owner Requirements {#sec-01-ncac-30i-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30I .0306}

(a) Before awarding a contract, an owner shall:

(1) Develop and implement a minority business participation outreach plan to identify minority businesses that can perform public building projects and implement outreach efforts to encourage minority business participation in these projects. The plan shall include education, recruitment, and interaction between minority businesses and non-minority businesses.

(2) Attend the scheduled prebid conference and explain the minority goals and objectives of the State and specific to the owner.

(3) At least 10 business days prior to the scheduled day of bid opening, notify minority businesses that have requested notices from the public entity for public construction or repair work and minority businesses that otherwise indicated to the Office for Historically Underutilized Businesses an interest in the type of work being bid or the potential contracting opportunities listed in the proposal. The notification shall include:

(A) A description of the work for which the bid is being solicited.

(B) The date, time, and location where bids are to be submitted.

(C) The name of the individual within the owner's organization who will be available to answer questions about the project.

(D) Where bid documents may be reviewed.

(E) Any special requirements that may exist.

(4) Utilize media likely to inform potential minority businesses of the bid being sought.

(5) Maintain documentation of any contacts, correspondence, or conversation with minority business firms made in an attempt to meet the goals.

(6) Review, jointly with the designer, all requirements of G.S. 143-128.2(c) and G.S. 143-128.2(f) prior to recommendation of award.

(7) Evaluate documentation to determine that a good faith effort has been achieved for minority business utilization prior to recommendation of award.

(8) Forward documentation showing evidence of implementation of Owner's requirements, Subparagraphs (a)(1) through (a)(7) of this Rule, to the State Construction Office and the HUB Office upon request.

(b) After a contract has been awarded an owner shall:

(1) Review prime contractors' pay applications for compliance with minority business utilization commitments prior to payment.

(2) Submit the report to the HUB Office as required by G.S. 143-128.3(a).

(c) All public entities that contract with a construction manager at risk shall report to the Office for Historically

Underutilized Businesses the items enumerated in G.S. 143-64.31(b). The report shall include:

(1) The owner approved minority business outreach plan of the construction manager at risk selected; and

(2) Documentation regarding the means by which minority businesses were contacted to solicit their participation in bid proposals if the 10% goal is not achieved.

History

• Authority G.S. 143-128.2(e); 143-128.3(e); 143-133.1(a)
• Eff. February 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30I .0307 Designer Requirements {#sec-01-ncac-30i-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30I .0307}

Under the single-prime bidding, separate prime bidding, construction manager at risk, or alternative contracting method, the designer shall:

(1) Attend the scheduled prebid conference to explain minority business requirements to the prospective bidders.

(2) Assist the owner to identify and notify prospective minority business prime and subcontractors of potential contracting opportunities and provide documentation of this assistance for the owner's records.

(3) Maintain documentation of any contacts, correspondence, or conversation with minority business firms made in an attempt to meet the goals and forward the documentation to the owner in support of meeting the requirements.

(4) Review jointly with the owner, all requirements of G.S. 143-128.2(c) and G.S.143-128.2(f) prior to recommendation of award.

(5) During construction phase of the project, review payment applications for compliance with minority business utilization commitments and submit documentation that identifies payments to minority businesses along with monthly pay applications to the owner. Additionally, on State Construction Projects, forward copies to the State Construction Office.

(6) Forward documentation showing evidence of implementation of Items (1) through (5) of this Rule to the owner, State Construction Office and HUB Office upon request.

History

• Authority G.S. 143-128.3(e); 143-128.2
• Eff. February 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30I .0308 Contractor Requirements {#sec-01-ncac-30i-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30I .0308}

This Rule applies to all contractors utilizing single-prime bidding, separate-prime bidding, construction manager at risk and alternative contracting methods. These requirements apply to all contractors performing as contractors and first-tier subcontractors under construction manager at risk on state projects. The contractors shall:

(1) Attend the scheduled prebid conference.

(2) Identify or determine those work areas of a subcontract where minority businesses may have an interest in performing subcontract work.

(3) At least 10 business days prior to the scheduled day of bid opening, notify minority businesses of potential subcontracting opportunities listed in the proposal. The notification shall include:

(a) A description of the work for which the bid is being solicited.

(b) The date, time and location where bids are to be submitted.

(c) The name of the individual within the company who shall be available to answer questions about the project.

(d) Where bid documents may be reviewed.

(e) Any special requirements that may exist, such as insurance, licenses, bonds and financial arrangements.

If there are more than three minority businesses within a 75 mile radius of the project who offer similar contracting or subcontracting services in the specific trade, the contractor(s) shall notify no less than three minority businesses within a 75 mile radius of the project.

(4) During the bidding process, comply with the contractor(s) requirements listed in the owner's minority business participation outreach plan.

(5) Identify on the bid, the minority businesses that will be utilized on the project with the corresponding total dollar value of the bid and an affidavit listing good faith efforts as required by G.S. 143-128.2(c) and G.S. 143-128.2(f).

(6) Forward documentation showing evidence of implementation of Prime Contractor, Construction Manager-at-Risk and First-Tier Subcontractor requirements to the State Construction Office and HUB Office upon request.

(7) Upon being named the apparent low bidder, the Bidder shall provide one of the following to the Public Owner:

(a) an affidavit that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the applicable goal; or

(b) if the percentage is not equal to the applicable goal, then an affidavit of all good faith efforts taken to meet the goal.

Failure to comply with the requirements of this Item shall be grounds for rejection of the bid and award to the next lowest responsible responsive bidder.

(8) During the construction of a project, at any time, if it becomes necessary to replace a minority business subcontractor, immediately advise the owner in writing of the circumstances involved. Additionally, on State Construction Projects, notify the State Construction Office, and the Director of the HUB Office in writing, of the circumstances involved. The prime contractor shall make good faith efforts to replace a minority business subcontractor with another minority business subcontractor.

(9) If during the construction of a project additional subcontracting opportunities become available, make good faith efforts to solicit bids from minority businesses.

History

• Authority G.S. 143-128.3(e); 143-128.2(c)
• Eff. February 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30I .0309 Minority Business Responsibilities {#sec-01-ncac-30i-.0309 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30I .0309}

(a) Minority businesses seeking to be counted toward the minority business participation goals of G.S. 143-128.2 shall be certified or designated as minority business by the Department of Administration HUB Office or another certifying agency of the State of North Carolina, a local unit of government, or The Carolinas Minority Suppliers Development Council.

(b) Minority and HUB contractors shall make a good faith effort to participate in construction projects as demonstrated by:

(1) Attending the scheduled prebid conference.

(2) Responding promptly whether or not they wish to submit a bid when contacted by owners or bidders.

(3) Attending training and contractor outreach sessions given by owners, contractors and state agencies, when feasible.

(4) Participating in Mentor/Protégé programs, training, or other business development programs offered by owners, contractors or state agencies.

(5) Negotiating in good faith with owners or contractors.

History

• Authority G.S. 143-128.3(e)
• Eff. March 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30I .0310 Dispute Procedures {#sec-01-ncac-30i-.0310 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30I .0310}

Any business disputes arising under these Rules shall be resolved as set forth in G.S. 143-128(f1).

History

• Authority G.S. 143-128.3(e); 143-128(f1)
• Eff. February 1, 2006
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

Subchapter J

01 NCAC 30J .0101 Authority {#sec-01-ncac-30j-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30J .0101}

History

• Status: expired
• Authority G.S. 143-135.26; S.L. 2001-496, s. 11
• Temporary Adoption Eff. February 1, 2003
• Temporary Adoption Expired December 18, 2003.

01 NCAC 30J .0102 Policy {#sec-01-ncac-30j-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30J .0102}

The State Building Commission shall select construction manager-at-risk for State capital improvement projects as defined in G.S. 143-128.1, based on criteria contained in this Subchapter and make available to every firm, licensed as a general contractor in the State of North Carolina, the opportunity to be considered for providing construction management-at-risk services for those departments and agencies under its jurisdiction. The State Building Commission shall select a construction manager-at-risk for State capital improvement project who is in compliance with the minority business participation requirements as prescribed in G.S. 143-128.2. The construction manager-at-risk shall use a standard form of contract authorized by the SBC for the public owner, construction manager-at-risk, and first-tier subcontractor.

History

• Authority: G.S. 143-135.26
• Temporary Adoption Eff. February 1, 2003
• Eff. March 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30J .0103 Definitions {#sec-01-ncac-30j-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30J .0103}

For purposes of this subchapter, the following definitions shall apply:

(1) "Capital Projects Coordinator" means the individual or designee authorized by each funded agency to coordinate all capital improvement projects and related matters for the agency with the State Construction Office and to represent that agency on all matters presented to the SBC. The individual so designated for purposes of this Subchapter may have other titles within his agency but shall carry out the duties assigned by the rules in this Subchapter to the capital projects coordinator.

(2) "Construction Manager-at-Risk" means a person, corporation, or entity that provides construction management-at-risk services.

(3) "Construction Management-at-Risk Services" means services provided by a person, corporation, or entity that:

(a) provides construction management services for a project throughout the preconstruction and construction phases,

(b) who is licensed as a general contractor, and

(c) who guarantees the cost of the project.

(4) "First-Tier Subcontractor" means a subcontractor who contracts directly with the Construction Manager-at-Risk.

(5) "Contact person" means the person named in the public advertisement who shall be the Capital Projects Coordinator or his/her designee.

(6) "Funded agency" means the department, agency, authority or office that is named in the legislation appropriating funds for the design and construction project.

(7) "Using agency" means the subdivision of the funded agency for whose use the project is to be provided. If the funded agency is so subdivided for administrative control, the using agency would be a division, geographically self-contained facility, campus or similar body, as determined by the administrative head of the funded agency.

(8) "Minority Business" means a business:

(a) in which at least 51% is owned by one or more minority persons, or in the case of corporation, in which at least 51% of the stock is owned by one or more minority persons or socially and economically disadvantaged individuals; and

(b) of which the management and daily business operations are controlled by one or more of the minority persons or socially and economically disadvantaged individuals who own it.

(9) "Socially and economically disadvantaged individual" means the same as defined in 15 U.S.C. 637.

History

• Authority: G.S. 143-135.26
• Temporary Adoption Eff. February 1, 2003
• Eff. March 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30J .0201 Project Description {#sec-01-ncac-30j-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30J .0201}

Each Capital Projects Coordinator shall provide the State Construction Office with a written description of the construction management-at-risk services desired, the program or scope of work, schedule requirements, amount of authorized funds, owner agency responsible for the project, name and contact information of the owner's project representative, link to owner agency's website where RFP and project detail may be obtained, date RFP to be published, closing date, time and location contractor letters of interest are to be submitted and any special licenses, skills, or experience of the contractor not already listed for each project requiring construction management-at-risk services. This information shall be provided to the State Construction Office for publication on State Construction Office website. The Capital Projects Coordinator shall initiate the Construction Manager-at-Risk selection process and shall make his/her best effort to enable the completion of the selection process within 60 days of the date of the above notification.

History

• Authority G.S. 143-135.26; S.L. 2001-496, s. 11
• Temporary Adoption Eff. February 1, 2003
• Eff. March 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30J .0202 Public Announcement {#sec-01-ncac-30j-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30J .0202}

(a) Based upon project information furnished by a Capital Projects Coordinator, the State Construction Office shall publish an announcement of the need for construction management-at-risk services, a designated contact person in the using agency and the closing date on the State Construction Office website. This public announcement shall be published prior to Construction Manager-at-Risk selection.

(b) The closing date for being considered for construction management-at-risk services shall be at least 21 days from date of publication on the State Construction Office website. Responses to Request For Proposal (RFP) for each project must be received by the Capital Project Coordinator prior to a firm's being considered for construction management-at-risk services.

History

• Authority G.S. 143-135.26
• Temporary Adoption Eff. February 1, 2003
• Eff. March 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30J .0301 Construction Manager-at-Risk Qualifications {#sec-01-ncac-30j-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30J .0301}

All firms desiring to provide construction management-at-risk services shall submit all information required in the RFP for the public owner's review and evaluation. Firms shall submit evidence of compliance with the requirements of the RFP. Each firm shall meet the requirements of the RFP prior to being considered by the pre-selection committee as one of the firms most qualified to perform construction manager-at-risk services. Failure of any firm to furnish all required information in the RFP shall disqualify the firm from consideration.

History

• Authority G.S. 143-135.26
• Temporary Adoption Eff. February 1, 2003
• Eff. March 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30J .0302 Pre-Selection Committee {#sec-01-ncac-30j-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30J .0302}

A pre-selection committee shall be established for all projects requiring construction management-at-risk services. The pre-selection committee shall consist of at least the capital projects coordinator, a representative of the using agency and one representative from the State Construction Office. At least one member of all pre-selection committees shall be a registered architect, licensed engineer or licensed contractor. The pre-selection committee shall review the requirements of a specific project and the qualification of all firms expressing interest in that project and shall select from that list not more than six nor less than three firms to be interviewed and evaluated. The pre-selection committee shall interview each of the selected firms, evaluate each firm interviewed, and rank in order three firms. The capital projects coordinator shall state in his project description that the rules for public announcement and selection have been followed or shall state full particulars if exceptions have been taken.

History

• Authority G.S. 143-135.26; S.L. 2001-496, s. 11
• Temporary Adoption Eff. February 1, 2003
• Eff. March 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30J .0303 Selecting Criteria {#sec-01-ncac-30j-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30J .0303}

In selecting the three firms to be presented to the SBC, the pre-selection committee shall take into consideration in the evaluation of the Proposals such factors as:

(1) Workload that is able to accommodate the addition of this project.

(2) Record of successfully completed projects of similar scope without legal or technical problems.

(3) Previous experience with the public owner, a good working relationship with owner representatives, projects completed in a timely manner and an acceptable quality of work.

(4) Key personnel that have appropriate for contract experience and qualifications.

(5) Relevant and easily understood graphic or tabular presentations.

(6) Completion of - Construction Manager-At-Risk projects in which there were few differences between the guaranteed maximum price and final cost.

(7) Projects that were completed on or ahead of schedule.

(8) Recent experience with project costs and schedules.

(9) Construction administration capabilities.

(10) Proximity to and familiarity with the area where the project is located.

(11) Quality of compliance plan for minority business participation as required by G.S. 143-128.2.

History

• Authority G.S. 143-135.26
• Temporary Adoption Eff. February 1, 2003
• Eff. March 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30J .0304 Construction Manager-at-Risk Selection for Unc System Projects {#sec-01-ncac-30j-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30J .0304}

In selecting Construction Manager-at-Risk for its projects, the UNC system shall comply with the rules in this Subchapter except that:

(1) the pre-selection committee need not include a representative of the State Construction Office; and

(2) the final selection of Construction Manager-at-Risk shall be made by the Board of Trustees of the funded institution.

History

• Authority G.S. 143-135.26
• Temporary Adoption Eff. February 1, 2003
• Eff. March 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30J .0305 Construction Manager-at-Risk Selection for Other Than Unc System Projects {#sec-01-ncac-30j-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30J .0305}

(a) Upon receipt of a letter from the capital projects coordinator listing three firms in priority order along with recommendations and selection information, the secretary of the SBC, upon determination that all information has been submitted, shall place the request for consideration on the agenda for the next SBC meeting.

(b) The capital projects coordinator shall make a report to the SBC outlining the procedures that were followed and justification for the priority list of three firms. Upon a determination by the SBC that the rules in this Subchapter have been followed, the SBC shall:

(1) Affirm the selection of the firms in the priority order recommended by the agency; or

(2) Select the firms in a different priority order from that recommended by the funded agency and give justification for such selection; or

(3) Request a new priority list and give justification for such request.

History

• Authority G.S. 143-135.26
• Temporary Adoption Eff. February 1, 2003
• Eff. March 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

01 NCAC 30J .0306 Contract Negotiation {#sec-01-ncac-30j-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 30J .0306}

After the three firms have been notified of the selection action by the SBC or the University of North Carolina, a representative from the State Construction Office, the capital projects coordinator, and a representative from the using agency shall discuss with the first ranked construction manager-at-risk services and information about the project. The State Construction Office shall request in writing a detailed fee proposal from the first ranked Construction Manager-at-Risk. The State Construction Office in coordination with the capital projects coordinator and the using agency shall attempt to negotiate a fair and equitable fee consistent with the project program and the professional services required for the specific project. In the event a fee cannot be agreed upon, the State Construction Office shall terminate the negotiations and shall repeat the notification and negotiation process with the next ranked firm on the selection list. In the event a fee cannot be agreed upon with the second-ranked Construction Manager-at-Risk, the process shall be repeated with the third-ranked Construction Manager-at-Risk. If a fee still cannot be agreed upon, the SBC shall review the history of negotiations and make determinations including program adjustments so as to lead to a negotiated contract with one of the original three firms selected. Such renegotiation with the firms shall be carried out in the original selection order, or a call shall be made for the capital projects coordinator to submit another list of three firms in priority order to the SBC or to the UNC system. The negotiation process shall continue until a fee has been determined that is agreed to by the State Construction Office, the using agency and the Construction Manager-at-Risk. Following execution of the contract, the State Construction Office shall publish on the State Construction Office website, the list of three firms selected in priority order, the firm to be contracted with, and the fee negotiated.

History

• Authority G.S. 143-135.26
• Temporary Adoption Eff. February 1, 2003
• Eff. March 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

Chapter 31 State Computer Center (Repealed)

01 NCAC 31 .0101 Function {#sec-01-ncac-31-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 31 .0101}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. October 1, 1981
• Repealed Eff. June 1, 1986.

01 NCAC 31 .0102 Location {#sec-01-ncac-31-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 31 .0102}

History

• Status: repealed
• Authority G.S. 143-341; Executive Order Number 2 (March 25, 1969)
• Eff. October 1, 1981
• Repealed Eff. June 1, 1986.

Chapter 32 Motor Fleet Management (Repealed)

01 NCAC 32 .0101 Organization {#sec-01-ncac-32-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0101}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0102 Purpose {#sec-01-ncac-32-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0102}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0201 Location of Facilities {#sec-01-ncac-32-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0201}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0202 Dispatching {#sec-01-ncac-32-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0202}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0203 Services {#sec-01-ncac-32-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0203}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0204 Mileage Rates {#sec-01-ncac-32-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0204}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0205 Credit Cards {#sec-01-ncac-32-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0205}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0206 Service for Non-Motor Pool Vehicles {#sec-01-ncac-32-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0206}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0301 General {#sec-01-ncac-32-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0301}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. November 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0302 Routine Maintenance {#sec-01-ncac-32-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0302}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. November 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0303 Preventive Maintenance {#sec-01-ncac-32-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0303}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. November 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0304 Major Repairs {#sec-01-ncac-32-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0304}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. November 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0305 Annual Safety Inspections {#sec-01-ncac-32-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0305}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. November 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0306 Accident Reporting {#sec-01-ncac-32-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0306}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. November 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0307 Decals on Vehicles {#sec-01-ncac-32-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0307}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. November 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0308 Installation of Equipment {#sec-01-ncac-32-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0308}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. November 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0401 Types of Vehicle Assignments {#sec-01-ncac-32-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0401}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0402 Requests for Assignment of Vehicles {#sec-01-ncac-32-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0402}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0403 Denial and Appeal Procedures {#sec-01-ncac-32-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0403}

History

• Status: repealed
• Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Repealed Eff. January 1, 1985.

01 NCAC 32 .0404 Reasons for Termination {#sec-01-ncac-32-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0404}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. January 1, 1985; November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0405 Termination Procedures {#sec-01-ncac-32-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0405}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. January 1, 1985; November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0406 Weekend Assignments {#sec-01-ncac-32-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0406}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. January 1, 1985; November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0407 Return of Assigned Vehicles {#sec-01-ncac-32-.0407 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0407}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. January 1, 1985; November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0501 Official Use Only {#sec-01-ncac-32-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0501}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0502 Reimbursement from Commuters {#sec-01-ncac-32-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0502}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0503 Toll Charges {#sec-01-ncac-32-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0503}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0504 Parking and Storing of Vehicles {#sec-01-ncac-32-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0504}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0505 Motor Vehicle Laws and Ordinances {#sec-01-ncac-32-.0505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0505}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0506 Hitchhikers {#sec-01-ncac-32-.0506 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0506}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0507 Relatives {#sec-01-ncac-32-.0507 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0507}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0508 Non-State Employed Persons {#sec-01-ncac-32-.0508 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0508}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0509 Use of State-Owned Vehicles for Private Purposes {#sec-01-ncac-32-.0509 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0509}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0510 Out-of-State Travel {#sec-01-ncac-32-.0510 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0510}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0511 Replacement of Vehicles {#sec-01-ncac-32-.0511 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0511}

History

• Status: repealed
• Filed as a Temporary Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
• November 25, 1982
• Statutory Authority G.S. 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0601 State Policy on Use of Private Vehicles {#sec-01-ncac-32-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0601}

History

• Status: repealed
• Authority G.S. 138-6; 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0602 Reimbursement at Statutory Rate {#sec-01-ncac-32-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0602}

History

• Status: repealed
• Authority G.S. 138-6; 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0701 Transportation to and from Motor Pool {#sec-01-ncac-32-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0701}

History

• Status: repealed
• Authority G.S. 14-247; 14-251; 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0702 Violation a Misdemeanor {#sec-01-ncac-32-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0702}

History

• Status: repealed
• Authority G.S. 14-247; 14-251; 143-341(8)i
• Eff. January 1, 1982
• Amended Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0703 Liability Insurance {#sec-01-ncac-32-.0703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0703}

History

• Status: repealed
• Authority G.S. 14-250; 143-347(8); 143-347(8)i
• Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0704 Use of Private License Plates {#sec-01-ncac-32-.0704 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0704}

History

• Status: repealed
• Authority G.S. 14-250; 143-347(8); 143-347(8)i
• Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

01 NCAC 32 .0705 Driving During Adverse Weather Conditions {#sec-01-ncac-32-.0705 omnilex-key=us-nc-regs-official--title-01--01 NCAC 32 .0705}

History

• Status: repealed
• Authority G.S. 14-250; 143-347(8); 143-347(8)i
• Eff. November 1, 1982
• Repealed Eff. June 1, 1986.

Chapter 33 Federal Block Grant Funds

01 NCAC 33 .0101 Definitions {#sec-01-ncac-33-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0101}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Amended Eff. July 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0102 Applicability of Rules {#sec-01-ncac-33-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0102}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Amended Eff. July 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0201 Grant Work Plans {#sec-01-ncac-33-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0201}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0202 Grant Work Plans for Private Contractors {#sec-01-ncac-33-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0202}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0203 Review by Governing Boards or Commissions {#sec-01-ncac-33-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0203}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0204 Budget Standards {#sec-01-ncac-33-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0204}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0205 State Agency Approval {#sec-01-ncac-33-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0205}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0206 Finance Officer {#sec-01-ncac-33-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0206}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0207 Grant-Subgrantee and Contractor-Subcontractor Relationship {#sec-01-ncac-33-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0207}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Amended Eff. August 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0301 Application: General {#sec-01-ncac-33-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0301}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0302 Grantee Criteria {#sec-01-ncac-33-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0302}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0303 Annual Work Plan {#sec-01-ncac-33-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0303}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. July 1, 1988.

01 NCAC 33 .0304 Budget {#sec-01-ncac-33-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0304}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. July 1, 1988.

01 NCAC 33 .0305 Application Form {#sec-01-ncac-33-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0305}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0306 Effect of Acceptance of Grant Funds {#sec-01-ncac-33-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0306}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0401 Governmental Grantee Compliance {#sec-01-ncac-33-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0401}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0402 Contractors Compliance {#sec-01-ncac-33-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0402}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0403 Additional Rules and Regulations {#sec-01-ncac-33-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0403}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0501 Annual Financial and Compliance Audit Required {#sec-01-ncac-33-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0501}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0502 Single Audit Concept {#sec-01-ncac-33-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0502}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0601 Cost Reporting for Reimbursement {#sec-01-ncac-33-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0601}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0602 Allowable Costs {#sec-01-ncac-33-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0602}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0603 Procedures for Advance Funding and Reimbursement {#sec-01-ncac-33-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0603}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0604 Indirect Cost Reimbursement {#sec-01-ncac-33-.0604 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0604}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0605 Administrative Cost {#sec-01-ncac-33-.0605 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0605}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0701 General Procurement Standards {#sec-01-ncac-33-.0701 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0701}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0702 Prohibit/Procurements: Non-Government Grantees/Contractors {#sec-01-ncac-33-.0702 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0702}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0703 Procurement Procedure: Non-Government Grantees/Contractors {#sec-01-ncac-33-.0703 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0703}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0801 Applicable Property Standards for Governmental Grantees {#sec-01-ncac-33-.0801 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0801}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0802 Applicable Property Standards for Private Contractors {#sec-01-ncac-33-.0802 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0802}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0803 Property Inventory Systems {#sec-01-ncac-33-.0803 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0803}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0804 Applicability of Federal Statutes {#sec-01-ncac-33-.0804 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0804}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0901 Scope {#sec-01-ncac-33-.0901 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0901}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .0902 Requirements of a Contract {#sec-01-ncac-33-.0902 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .0902}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1001 Reporting {#sec-01-ncac-33-.1001 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1001}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1002 Automated Data Systems {#sec-01-ncac-33-.1002 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1002}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1003 Evaluation {#sec-01-ncac-33-.1003 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1003}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1004 Assurance of Confidentiality for Evaluation and Reporting {#sec-01-ncac-33-.1004 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1004}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1101 General Personnel Standards {#sec-01-ncac-33-.1101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1101}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1102 Federal Personnel Standards {#sec-01-ncac-33-.1102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1102}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1103 State Standards {#sec-01-ncac-33-.1103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1103}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1104 Personnel Standards for Public School Employees {#sec-01-ncac-33-.1104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1104}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1105 State Agency Personnel Standards {#sec-01-ncac-33-.1105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1105}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1106 Certain Political Activities Prohibited {#sec-01-ncac-33-.1106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1106}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1107 Non-Discrimination: Equal Employment/Affirmative Action {#sec-01-ncac-33-.1107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1107}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1201 State Policy on Civil Rights {#sec-01-ncac-33-.1201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1201}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1202 Federal Nondiscrimination Requirements {#sec-01-ncac-33-.1202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1202}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1203 Compliance Assurances {#sec-01-ncac-33-.1203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1203}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1204 Client Complaint and Appeal Procedures {#sec-01-ncac-33-.1204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1204}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

01 NCAC 33 .1301 Requirements for Efficient Administration {#sec-01-ncac-33-.1301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1301}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1302 Confidentiality of Client Information {#sec-01-ncac-33-.1302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1302}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1401 Recipient Compliance Required {#sec-01-ncac-33-.1401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1401}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1402 Joint Compliance Reviews {#sec-01-ncac-33-.1402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1402}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1403 Standards Intended to Be Uniform {#sec-01-ncac-33-.1403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1403}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1404 Funds Withheld {#sec-01-ncac-33-.1404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1404}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. July 1, 1983
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1501 Additional Procedures {#sec-01-ncac-33-.1501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1501}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Amended Eff. July 1, 1988
• Repealed Eff. December 1, 2012.

01 NCAC 33 .1502 Schedule for Grant Applications {#sec-01-ncac-33-.1502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 33 .1502}

History

• Status: repealed
• Authority G.S. 143-16; 143-16.1; 143-341
• Eff. October 1, 1982
• Amended Eff. July 1, 1988
• Repealed Eff. December 1, 2012.

Chapter 34 Telephone Systems (Repealed)

01 NCAC 34 .0101 State Telephone Network (stn) {#sec-01-ncac-34-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 34 .0101}

History

• Status: repealed
• Authority G.S. 143-231; 143-340(14),(15); 143-341(8)i
• Eff. December 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 34 .0102 Utilization {#sec-01-ncac-34-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 34 .0102}

History

• Status: repealed
• Authority G.S. 143-231; 143-340(14),(15); 143-341(8)i
• Eff. December 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 34 .0103 Charges {#sec-01-ncac-34-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 34 .0103}

History

• Status: repealed
• Authority G.S. 143-231; 143-340(14),(15); 143-341(8)i
• Eff. December 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 34 .0104 Eligibility {#sec-01-ncac-34-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 34 .0104}

History

• Status: repealed
• Authority G.S. 143-231; 143-340(14),(15); 143-341(8)i
• Eff. December 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 34 .0201 Installation {#sec-01-ncac-34-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 34 .0201}

History

• Status: repealed
• Authority G.S. 143-340(14),(15); 143-341
• Eff. December 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 34 .0202 Private Lines {#sec-01-ncac-34-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 34 .0202}

History

• Status: repealed
• Authority G.S. 143-340(14),(15); 143-341
• Eff. December 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 34 .0203 Incoming Lines {#sec-01-ncac-34-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 34 .0203}

History

• Status: repealed
• Authority G.S. 143-340(14),(15); 143-341
• Eff. December 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 34 .0204 Personnel Listings {#sec-01-ncac-34-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 34 .0204}

History

• Status: repealed
• Authority G.S. 143-340(14),(15); 143-341
• Eff. December 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 34 .0205 Increased Service {#sec-01-ncac-34-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 34 .0205}

History

• Status: repealed
• Authority G.S. 143-340(14),(15); 143-341
• Eff. December 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 34 .0206 Requests {#sec-01-ncac-34-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 34 .0206}

History

• Status: repealed
• Authority G.S. 143-340(14),(15); 143-341
• Eff. December 1, 1983
• Repealed Eff. June 1, 1986.

01 NCAC 34 .0207 Charges for Service {#sec-01-ncac-34-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 34 .0207}

History

• Status: repealed
• Authority G.S. 143-340(14),(15); 143-341
• Eff. December 1, 1983
• Repealed Eff. June 1, 1986.

Chapter 35 State Employees Combined Campaign

Subchapter A

01 NCAC 35A .0101 Definitions {#sec-01-ncac-35a-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0101}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Amended Eff. December 1, 1994; December 1, 1993; May 1, 1987
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0102 Purpose {#sec-01-ncac-35a-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0102}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Amended Eff. December 1, 1994; December 1, 1993; February 3, 1992; June 1, 1988
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0103 Organization of the Campaign {#sec-01-ncac-35a-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0103}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Amended Eff. December 1, 1994; December 1, 1993; February 3, 1992; June 1, 1988
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0201 Applications {#sec-01-ncac-35a-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0201}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Amended Eff. December 1, 1993; February 3, 1992; June 1, 1988; July 1, 1987; May 1, 1987
• Transferred and Recodified from 01 NCAC 35 .0301-.0302 Eff. December 1, 1993
• Amended Eff. January 1, 1995; December 1, 1994
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0202 Content of Applications {#sec-01-ncac-35a-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0202}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Amended Eff. December 1, 1993; February 3, 1992; June 1, 1988; July 1, 1987; May 1, 1987
• Transferred and Recodified from 01 NCAC 35 .0301-.0302 Eff. December 1, 1993
• Amended Eff. January 1, 1995; December 1, 1994
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0203 Review and Schedule {#sec-01-ncac-35a-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0203}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Amended Eff. December 1, 1993; February 3, 1992; June 1, 1988; July 1, 1987; May 1, 1987
• Transferred and Recodified from 01 NCAC 35 .0301-.0302 Eff. December 1, 1993
• Amended Eff. January 1, 1995; December 1, 1994
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0204 Response {#sec-01-ncac-35a-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0204}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Amended Eff. December 1, 1993; February 3, 1992; June 1, 1988; July 1, 1987; May 1, 1987
• Transferred and Recodified from 01 NCAC 35 .0301-.0302 Eff. December 1, 1993
• Amended Eff. January 1, 1995; December 1, 1994
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0205 Agreements {#sec-01-ncac-35a-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0205}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Amended Eff. December 1, 1993; February 3, 1992; June 1, 1988; July 1, 1987; May 1, 1987
• Transferred and Recodified from 01 NCAC 35 .0301-.0302 Eff. December 1, 1993
• Amended Eff. January 1, 1995; December 1, 1994
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0301 Other Solicitation Prohibited {#sec-01-ncac-35a-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0301}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Transferred and Recodified from 01 NCAC 35 .0401 - .0402 Eff. December 1, 1993
• Amended Eff. December 1, 1994; December 1, 1993
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0302 Coercive Activities Prohibited {#sec-01-ncac-35a-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0302}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Transferred and Recodified from 01 NCAC 35 .0401 - .0402 Eff. December 1, 1993
• Amended Eff. December 1, 1994; December 1, 1993
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0304 Methods of Giving and Terms of Contribution {#sec-01-ncac-35a-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0304}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Amended Eff. February 3, 1992; January 1, 1988; May 1, 1987
• Transferred and Recodified from 01 NCAC 35 .0403-.0406 Eff. December 1, 1993
• Amended Eff. December 1, 1994; December 1, 1993
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0305 Campaign Literature {#sec-01-ncac-35a-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0305}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Amended Eff. February 3, 1992; January 1, 1988; May 1, 1987
• Transferred and Recodified from 01 NCAC 35 .0403-.0406 Eff. December 1, 1993
• Amended Eff. December 1, 1994; December 1, 1993
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0306 Designation Campaign {#sec-01-ncac-35a-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0306}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Amended Eff. February 3, 1992; January 1, 1988; May 1, 1987
• Transferred and Recodified from 01 NCAC 35 .0403-.0406 Eff. December 1, 1993
• Amended Eff. December 1, 1994; December 1, 1993
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0307 Distribution of Undesignated Funds {#sec-01-ncac-35a-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0307}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Eff. February 1, 1984
• Amended Eff. February 3, 1992; January 1, 1988; May 1, 1987
• Transferred and Recodified from 01 NCAC 35 .0403-.0406 Eff. December 1, 1993
• Amended Eff. December 1, 1994; December 1, 1993
• Temporary Amendment Eff. February 15, 2002
• Amended Eff. March 1, 2006; August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017
• Repealed Eff. April 1, 2020.

01 NCAC 35A .0309 CAMPAIGN operation {#sec-01-ncac-35a-.0309 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35A .0309}

History

• Status: repealed
• Authority G.S. 143-3.3; 143-340(26); 143B-10
• Temporary Adoption Eff. February 15, 2002
• Eff. August 1, 2004
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017
• Repealed Eff. April 1, 2020.

Subchapter B

01 NCAC 35B .0101 definitions {#sec-01-ncac-35b-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0101}

The following definitions shall apply:

(1) "Administrative Expenses" means costs for reporting and informational activities related to business management that are neither educational, direct conduct of program services, nor fund-raising services.

(2) "Audit" or "Audited Financial Statement" shall mean an examination of financial statements of an organization by a Certified Public Accountant ("CPA"), conducted in accordance with generally accepted auditing standards, to determine whether, in the CPA's opinion, the statements conform with generally accepted accounting principles or, if applicable, another comprehensive basis of accounting.

(3) "Campaign Contribution" means the amount of funds received from a contributor.

(4) "Campaign Fiscal Year" shall be January 1 through December 31 of each year.

(5) "Campaign Solicitation Organization" or "Solicitation Organization" means the regional contacts for fund-raising.

(6) "Campaign Solicitation Period" means the period between August 1 and December 31 of each year in which solicitations will be conducted.

(7) "Charitable Organizations" means any Independent Organization or Federation approved to solicit contributions in accordance with the rules of this Subchapter.

(8) "Federation" or "Federated Group" means a group of voluntary charitable human health and welfare agencies organized for purposes of supplying common fund-raising, administrative, and management services to its constituent members.

(9) "Fund-raising" or "Solicitation Activities" means the act of soliciting contributions, gifts, and grants; participating in federated campaigns; maintaining donor mailing lists; and preparing and distributing fund-raising manuals, instructions and other materials.

(10) "Fund-raising Consultant" means a consultant as defined in G.S. 131F-2(10).

(11) "Fund-raising Expenses" means the total cost incurred from all activities that constitute, or are an integral and inseparable part of, an appeal for financial support.

(12) "Fund-raising Solicitor" means a solicitor as defined in G.S. 131F-2(19).

(13) "Independent Organization" or "Independent Charitable Organization" means a singular voluntary charitable agency.

(14) "Member Charitable Organization" means an Independent Organization that is organized under a Federation or Federated Group.

(15) "Program Services Expenses" means costs for those activities that the reporting organization was created to conduct which fulfill the purpose or mission for which the organization exists, exclusive of fund-raising and administrative expenses, and which, along with any activities commenced subsequently, form the basis of the organization's current exemption from tax.

(16) "SECC Advisory Committee" or "Advisory Committee" means an appointed committee that serves as an application point for all Charitable Organizations applying to participate in the SECC.

(17) "State Employee Combined Campaign" or "SECC" shall be the official name of the state employee charitable fund-raising drive.

(18) "Statewide Campaign Organization" means the organization contracted to manage the SECC's administrative operations.

(19) "Undesignated Funds" means solicitated funds received in which the designee is not stated or that has not been approved through the SECC application process.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0102 Purpose and Organization {#sec-01-ncac-35b-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0102}

(a) The purpose of the State Employee Combined Campaign ("SECC") is to provide a single charitable campaign for all state employees to voluntarily contribute to Independent Organizations or Federations approved in accordance with the rules of this Subchapter.

(b) The SECC shall be comprised as follows:

(1) a Statewide Campaign Chair;

(2) an Advisory Committee;

(3) a Statewide Campaign Organization; and

(4) a Campaign Solicitation Organization.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0103 Statewide Campaign Chair {#sec-01-ncac-35b-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0103}

(a) The Statewide Campaign Chair shall be appointed each year by the Governor from one of the Executive Cabinet, Council of State, System of Community Colleges, or University Administration agencies.

(b) The Statewide Campaign Chair shall:

(1) serve as director of the campaign;

(2) enlist the support and cooperation of the head of each State department and university to promote the SECC's purpose;

(3) set the dates of and approve the published materials for the SECC in accordance with Rule .0108 of this Section;

(4) contract for the designation of the Statewide Campaign Organization;

(5) appoint members the Advisory Committee; and

(6) serve as Chair over Advisory Committee meetings.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0104 secc advisory committee {#sec-01-ncac-35b-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0104}

(a) The SECC Advisory Committee members shall serve four-year staggered terms and shall serve no more than two consecutive terms. In the event of a vacancy, the Statewide Campaign Chair shall appoint a replacement to fill an unexpired term.

(b) The SECC Advisory Committee shall meet at the discretion of the Statewide Campaign Chair and no fewer than four meetings per year shall be held. The Advisory Committee shall conduct business only when a quorum of one-third of the Committee membership, including the Statewide Campaign Chair, is present.

(c) The SECC Advisory Committee shall review the recommendations made by the Statewide Campaign Organization and shall accept or reject its recommendations in accordance with Rules .0202 and .0203 of this Subchapter.

(d) The SECC Advisory Committee shall review the Statewide Campaign Organization's annual work plan and a budget to cover all of the costs related to the SECC.

(e) An SECC Advisory Committee member shall not participate in any decision where that Committee member may have a personal or financial interest resulting in a conflict of interest or the appearance of a conflict of interest, either of a personal nature or with regard to the agency in which members is employed.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0105 Statewide campaign organization {#sec-01-ncac-35b-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0105}

(a) To be eligible for consideration as a potential Statewide Campaign Organization, the applicant shall:

(1) demonstrate the ability to manage a state-wide fund-raising campaign in the form of experience and references;

(2) have an Audit to demonstrate a history of financial accountability;

(3) be a tax-exempt organization under the Internal Revenue Code;

(4) have the means to verify a bond or obtain proof of insurance in an amount that covers the total amount of funds to be allocated to each of the respective Charitable Organizations based on the previous campaign year contributions; and

(5) agree to comply with the terms of the Statewide Campaign Organization contract.

(b) The Statewide Campaign Organization shall conduct its own organization operations separately from their duties performed as the Statewide Campaign Organization for the SECC.

(c) The Statewide Campaign Organization shall:

(1) serve as the financial administrator of the SECC;

(2) provide staff to administer, maintain records, and provide central management functions such as review applications, arrange meetings, and answer questions for the SECC in consultation with the SECC Advisory Committee;

(3) review Independent Organization and Federation applications for compliance with Rules .0202 and .0203 of this Subchapter;

(4) provide a centralized pledge processing service in order to process all pledge forms of state employees;

(5) compile reports for the SECC Advisory Committee including;

(A) a list of all Independent Organizations and Federations approved in accordance with these Rules;

(B) a budget of anticipated Fund-raising, Administrative, and Program Services expenses; and

(C) an annual work plan of goals and objectives.

(6) print and distribute pledge forms, campaign report forms and collection envelopes to each Campaign Solicitation Organization;

(7) collect pledge reports and envelopes from each Campaign Solicitation Organization;

(8) notify the Independent Organization and Federation of contributions they are to receive no later than March 1 following the Campaign Solicitation Period;

(9) transmit quarterly to the Independent Organization and Federation its portion of the charitable contributions;

(10) maintain an accounting of all Campaign Contributions and submit an audited end of campaign report of the following:

(A) amounts contributed and pledged;

(B) number of contributions; and

(C) amounts distributed to the participating Independent Organization or Federation.

(11) coordinate annual statewide or regional training sessions for all Campaign Solicitation Organizations;

(12) serve as liaison to all participating Independent Organizations and Federations;

(13) educate state employees in the services provided through their support;

(14) deduct, before disbursements are made, direct costs of operating the SECC from the gross contributions and charge each Independent Organization or Federation its proportionate share of the operational costs as determined in Rule .0107 of this Section; and

(15) document the total actual costs of the SECC, which shall not exceed 20 percent of gross contributions.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0106 Campaign Solicitation organization {#sec-01-ncac-35b-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0106}

(a) Each State department or university shall have a Campaign Solicitation Organization within their agency. The Campaign Solicitation Organization shall ensure that solicitation activities are organized and conducted in accordance with Rule .0302 of this Subchapter and shall:

(1) assist in planning solicitation activities for their department or university;

(2) act as liaison between state employees and the Statewide Campaign Organization by soliciting employees in their assigned area;

(3) report all pledges and contributions to their campaign coordinators or department leaders; and

(4) distribute and collect pledge forms.

(b) The Campaign Solicitation Organization shall ensure that all donations are made on a voluntary basis, allow free choice, and prevent an impression of required giving. The Campaign Solicitation Organization may solicit contributions at employee meetings, events, through written or email communication, and individual contact. Solicitation Activities may be conducted during working hours.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0107 Contract {#sec-01-ncac-35b-.0107 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0107}

(a) The SECC and Statewide Campaign Organization shall execute a three-year contract for services. The contract shall allow a charge for Fund-raising Expenses, Administrative Expenses, and Program Services Expenses for the Statewide Campaign Organization. The Statewide Campaign Chair shall approve the contract based upon the criteria provided in Rule .0105 of this Section.

(b) The Statewide Campaign Organization shall recover from gross receipts of the SECC its expenses that shall reflect the actual costs of administering the campaign. Total actual costs of the campaign to be recovered pursuant to the contract shall be documented and shall not exceed 20 percent of budgeted gross receipts. The campaign expenses shall be shared proportionately by all the recipient organizations reflecting their percentage share of gross campaign receipts. No costs associated with the campaign shall be borne by the State. All costs shall be borne by the proceeds from the campaign.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0108 campaign literature {#sec-01-ncac-35b-.0108 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0108}

(a) The SECC shall distribute a campaign resource guide designed by the SECC Advisory Committee subject to approval by the Statewide Campaign Chair. The campaign resource guide shall not favor one Independent Organization or Federation over another.

(b) The Statewide Campaign Chair shall approve, prior to distribution, the content of any campaign pledge or distribution card to ensure compliance with the State Controller's requirements for format and substance.

(c) The Independent Organization or Federation approved for inclusion in the SECC shall be listed in campaign literature no more than one time unless:

(1) it is in the Independent Organization or Federation's interest to more specifically direct their gifts to separate geographic locations; and

(2) the Independent Organization or Federation maintains records that determine that contributions are designated to that geographic area accrue only to the benefit and purposes of the designated area.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0201 Applications {#sec-01-ncac-35b-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0201}

The Independent Organization or Federation shall apply annually in accordance with the requirements set forth in Rules .0202 and .0203 of this Section to the Statewide Campaign Organization. Applications may be obtained via the SECC website at www.ncsecc.org. A Federation may submit an application on behalf of a Member Charitable Organization. Applications for inclusion into the SECC current Campaign Solicitation Period shall be received or postmarked by the Statewide Campaign Organization no later than March 1st to be included in the following fall campaign. If March 1st falls on a Sunday or federal holiday, the application shall be postmarked or received by the Statewide Campaign Organization by the end of the next day not a Sunday or federal holiday.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0202 Content of application {#sec-01-ncac-35b-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0202}

(a) The Independent Organization or Federation seeking inclusion in the SECC shall submit an application to the Statewide Campaign Organization. The application shall include:

(1) the name of the Independent Organization or Federation;

(2) name and title of a contact person;

(3) contact person's telephone number and email address;

(4) calculation of fund-raising and administrative costs; and

(5) a signed certification of compliance with the eligibility standards listed in Rule .0203 of this Section.

(b) The Independent Organization or Federation seeking inclusion in the SECC shall submit with the application the attached documentation:

(1) a letter from the Independent Organization or Federation signed by a voting member of the Board of Directors requesting inclusion in the SECC;

(2) a certification of compliance from the Independent Organization or Federation signed by Board of Director or agent authorized to sign documents on behalf of the organization. A Federation shall submit certifications for each of a Member Charitable Organization;

(2) a description of services provided and service area of the organization;

(3) documentation showing the percentage of the organization's total support and revenue that is allocated to administration and fund-raising, to include;

(A) copies of the organization's annual report;

(B) newsletters;

(C) brochures; or

(D) fact sheets.

(4) a signed copy of the Independent Organization or Federation's IRS 990 form. If the Independent Organization or Federation is not required to file the form with the IRS, they shall submit pages one and two of the completed form with an annotation on the document that it is for SECC purposes only. The IRS 990 form shall cover the same fiscal year and, if revenue and expenses on the two documents differ, these amounts shall be reconciled on an accompanying statement by the CPA who completed the financial audit or review. The SECC shall reject any application from the Independent Organization or Federation with fund-raising and administrative expenses in excess of 25 percent of the total revenue, unless the organization demonstrates to the SECC Advisory Committee that its actual expenses for those purposes are reasonable under all the circumstances of the case and specifies steps the organization shall take to accomplish a reduction within the next fiscal year. The percentage shall be computed from the information on the IRS 990 form by adding the amount spent on management and general expenses to the amount spent on fund-raising and dividing the resulting total by total revenue;

(5) a current copy of the Independent Organization or Federation's Charitable License issued by the NC Secretary of State; and

(6) a current copy of the certificate of existence, for domestic corporations, or certificate of authorization, for foreign corporations, issued by the NC Secretary of State.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0203 Criteria for applicants {#sec-01-ncac-35b-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0203}

The SECC Advisory Committee shall approve an Independent Organization or Federation for inclusion if the following criteria is met:

(1) be licensed through the North Carolina Secretary of State to solicit funds, if required;

(2) be able to maintain the confidentiality of the contributor list;

(3) not permit payments of commissions, kickbacks, finders fees, percentages, bonuses, or overrides for fund-raising, and permit no paid solicitation by a fund-raising consultant or solicitor in the SECC;

(4) have a written board policy that assures compliance with all State and Federal laws. Nothing herein denies eligibility to any organization that is otherwise eligible because it is organized by, on behalf of, or to serve persons of a particular race, color, religion, sex, age, national origin or physical or mental disability;

(5) have contact information available to respond to inquiries from state employees, via email, telephone, or messaging;

(6) not use SECC contributions for lobbying activities; and

(7) have a board of directors that contains no less than three persons who meet at least three times a year. The board of directors shall maintain records of all decisions made and make those decisions available to the SECC for inspections if requested.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0204 Application Review process {#sec-01-ncac-35b-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0204}

(a) The Statewide Campaign Organization shall review the application materials for compliance with Rule .0202 of this Chapter and report to the SECC Advisory Committee the status of this review within four weeks of the submission deadline provided in Rule .0201 of this Section.

(b) The SECC Advisory Committee shall review the recommendations of the Statewide Campaign Organization and shall either approve or reject the recommendations based on compliance with Rule .0202 of this Section.

(c) The SECC Advisory Committee may request additional information if necessary to make an eligibility determination under Rule .0203 of this Section. The Independent Organization or Federation shall submit the requested additional information within 10 days of the notification date. Failure to do so may result in the denial of eligibility.

(d) The Statewide Campaign Organization shall notify all Independent Organizations and Federations of the SECC Advisory Committee's decision within 60 days of the submission deadline.

(e) The Independent Organization or Federation may submit a written request for reconsideration to the Statewide Campaign Organization within 10 business days of receipt of notification of rejection by the SECC Advisory Committee.

(f) If after reconsideration, the SECC Advisory Committee upholds its rejection, the Independent Organization or Federation may commence a contested case by filing a petition under G.S. 150B-23.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0301 operating requirements {#sec-01-ncac-35b-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0301}

(a) The Independent Organization or Federation that receives the names and addresses of state employees shall segregate this information from all other lists of contributors and use the lists only for acknowledgement purposes. This segregated list shall not be sold or released to anyone outside of the recipient organization.

(b) The Independent Organization or Federation shall disburse contribution amounts on the basis of actual funds received rather than the amount pledged.

(c) The Federation shall disburse contributions quarterly to their Member Charitable Organizations on the basis of actual funds received, rather than amounts pledged.

(d) In the event the Independent Organization or Federation or any of its directors, officers, or employees are the subject of any investigation or legal proceeding by any federal, state or local law enforcement authority based upon its charitable solicitation activities, delivery program services, or use of funds, the organization shall inform the SECC within 10 days of its learning or being notified of the investigation or proceeding. The Independent Organization or Federation shall also inform the SECC of any investigation or proceeding within 10 days of the outcome.

(f) Any Independent Organization or Federation that fails to comply with this Rule or Rule .0203 of this Subchapter may be declared ineligible by the SECC Advisory Committee and the remainder of the contributions shall be classified as Undesignated Funds and distributed pursuant to Rule .0305 of this Section. Any Member Charitable Organization that fails to comply with this Rule or Rule .0203 of this Subchapter may be declared ineligible by the SECC Advisory Committee and the remainder of the contributions shall be redistributed in accordance with the Federation's policies. A declaration of ineligibility shall be based on factors including the following:

(1) the type and severity of the failure to comply;

(2) the period of time or duration that the failure to comply occurred; and

(3) the amount of financial implications of the failure to comply.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0302 authorized solicitation methods {#sec-01-ncac-35b-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0302}

(a) All activities of the campaign shall be conducted in a manner that promotes a unified solicitation on behalf of all participants. While it is permissible to individually identify, describe or explain the Independent Organization or Federation in the campaign for informational purposes, no person affiliated with the campaign shall engage in any campaign activity that is construed to either advocate or criticize specific Charitable Organizations. The Independent Organization or Federation shall not engage in any solicitation activities at any state employee work site. Bloodmobiles or employee member associations shall be excluded from this restriction.

(b) No Campaign Solicitation Organization representative shall:

(1) provide or use contributor lists for purposes other than collection, forwarding, and acknowledgment of contributions;

(2) set mandatory employee participation goals;

(3) establish personal dollar goals or quotas; and

(4) develop nor use lists of non-contributors.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0303 revocation of eligibility {#sec-01-ncac-35b-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0303}

(a) Violations of Rules .0203 and .0301 of this Subchapter by the Individual Organization or Federation may result in the revocation of eligibility of the organization. The Independent Organization or Federation shall be given notice of the violation and an opportunity to respond prior to any action being taken by the SECC Advisory Committee. A revocation of ineligibility shall be based on factors including the following:

(1) the type and severity of the failure to comply;

(2) the period of time or duration that the failure to comply occurred; and

(3) the amount of financial implications of the failure to comply.

(b) The Independent Organization or Federation that is dissatisfied with the revocation of its eligibility may file an appeal to the SECC Advisory Committee within 10 days of the notification postmark date.

(c) The Independent Organization or Federation that is dissatisfied with the appeal determination of the SECC Advisory Committee may commence a contested case by filing a petition under G.S. 150B-23.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0304 terms of contributions/designated campaign {#sec-01-ncac-35b-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0304}

(a) If an employee chooses to contribute to an Independent Organization or Federation through the SECC, he or she shall designate an Independent Organization or Federation to receive the contribution that has been approved in accordance with Rule .0204 of this Subchapter. A list of approved Charitable Organizations shall be provided to each employee by the SECC. Any funds designated to an organization that has not been approved shall be treated as Undesignated Funds and be distributed in accordance with Rule .0305 of this Section.

(b) Campaign Contributions may be made by payroll deduction, personal check, or credit card. If an employee chooses to use the payroll deduction method of contribution, he or she shall agree to have the deduction continued for one year with equal amounts deducted from each pay period. If the employee authorized payroll deduction or credit card, the minimum amount of the deduction is five dollars per month. Payroll deductions shall be processed pursuant to G.S. 143B-426.40A.

(c) All one time contributions shall be a minimum of ten dollars ($10.00) annually per Independent Organization or Federation. If a designation does not comply with the minimum contribution it shall be treated as Undesignated Funds and be distributed in accordance with Rule .0305 of this Section.

(d) An employee shall not change the Independent Organization or Federation designated contribution outside of the Campaign Solicitation Period.

(e) When the total contribution for the Independent Organization or Federation is two hundred fifty dollars ($250.00) or less, the SECC Advisory Committee shall direct the contribution be made in a lump sum the first quarter to the recipient Independent Organization or Federation. Interest earnings shall be disbursed to the Independent Organization or Federation based on its proportionate share of the total gross contributions if an interest-bearing account is established.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

01 NCAC 35B .0305 distribution of undesignated funds {#sec-01-ncac-35b-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 35B .0305}

Any monies not designated to an Independent Organization or Federation that has been approved to received contributions through the SECC shall be deemed Undesignated Funds. Undesignated Funds shall be distributed to an Independent Organization or Federation based on its percentage of total designated funds during the current Campaign Solicitation Period after total actual costs of the campaign are recovered pursuant to Rule .0107(b) of this Subchapter.

History

• Authority G.S. 143-340(26)
• Eff. April 1, 2020.

Chapter 36 Agency for Public Telecommunications

01 NCAC 36 .0101 Public Radio: General Support Standards {#sec-01-ncac-36-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 36 .0101}

History

• Status: repealed
• Authority G.S. 143B-426.12
• Eff. July 1, 1987
• Repealed Eff. December 1, 2012.

Chapter 37 Low-Level Radioactive Waste Management Authority

01 NCAC 37 .0101 Purpose {#sec-01-ncac-37-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0101}

History

• Status: repealed
• Authority G.S. 104G-6; 104G-6(a)(2); 104G-6(a)(20); 104G-9; 104G-23(a); 150B-11; 150B-21.2
• Eff. August 1, 1988
• Amended Eff. August 2, 1993.
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0102 Definitions {#sec-01-ncac-37-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0102}

History

• Status: repealed
• Authority G.S. 104G-6; 104G-6(a)(2); 104G-6(a)(20); 104G-9; 104G-23(a); 150B-11; 150B-21.2
• Eff. August 1, 1988
• Amended Eff. August 2, 1993.
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0103 Mailing List {#sec-01-ncac-37-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0103}

History

• Status: repealed
• Authority G.S. 104G-6; 104G-6(a)(2); 104G-6(a)(20); 104G-9; 104G-23(a); 150B-11; 150B-21.2
• Eff. August 1, 1988
• Amended Eff. August 2, 1993.
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0201 Introduction {#sec-01-ncac-37-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0201}

History

• Status: repealed
• Authority G.S. 104G-6; 104G-6(a); 104G-6(a)(2); 104G-7; 104G-9; 104G-23(a); 150B-11; 150B-21.6
• Eff. August 1, 1988
• Amended Eff. August 2, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0202 Hydrological and Geological Factors {#sec-01-ncac-37-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0202}

History

• Status: repealed
• Authority G.S. 104G-6; 104G-6(a); 104G-6(a)(2); 104G-7; 104G-9; 104G-23(a); 150B-11; 150B-21.6
• Eff. August 1, 1988
• Amended Eff. August 2, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0203 Environmental and Public Health Factors {#sec-01-ncac-37-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0203}

History

• Status: repealed
• Authority G.S. 104G-6; 104G-6(a); 104G-6(a)(2); 104G-7; 104G-9; 104G-23(a); 150B-11; 150B-21.6
• Eff. August 1, 1988
• Amended Eff. August 2, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0204 Natural and Cultural Resources {#sec-01-ncac-37-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0204}

History

• Status: repealed
• Authority G.S. 104G-6; 104G-6(a); 104G-6(a)(2); 104G-7; 104G-9; 104G-23(a); 150B-11; 150B-21.6
• Eff. August 1, 1988
• Amended Eff. August 2, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0205 Local Land Uses {#sec-01-ncac-37-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0205}

History

• Status: repealed
• Authority G.S. 104G-6; 104G-6(a); 104G-6(a)(2); 104G-7; 104G-9; 104G-23(a); 150B-11; 150B-21.6
• Eff. August 1, 1988
• Amended Eff. August 2, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0206 Transportation {#sec-01-ncac-37-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0206}

History

• Status: repealed
• Authority G.S. 104G-6; 104G-6(a); 104G-6(a)(2); 104G-7; 104G-9; 104G-23(a); 150B-11; 150B-21.6
• Eff. August 1, 1988
• Amended Eff. August 2, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0207 Aesthetic Factors {#sec-01-ncac-37-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0207}

History

• Status: repealed
• Authority G.S. 104G-6; 104G-6(a); 104G-6(a)(2); 104G-7; 104G-9; 104G-23(a); 150B-11; 150B-21.6
• Eff. August 1, 1988
• Amended Eff. August 2, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0208 ADDITIONAL CRITERIA APPLICABLE ONLY TO SELECTION OF A pREFERRED SITE {#sec-01-ncac-37-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0208}

History

• Status: repealed
• Authority G.S.104G-6; 104G-9; 104G-23(a)
• Eff. August 2, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0301 General {#sec-01-ncac-37-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0301}

History

• Status: repealed
• Authority G.S. 104G-4; 104G-6; 104G-6(a)(2); 104G-9; 104G-11(b); 104G-19; 104G-23(a); 143-318.11; 143-318.12; 150B-11
• Eff. August 1, 1988
• Amended Eff. August 30, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0302 Identification of Potentially Suitable Areas {#sec-01-ncac-37-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0302}

History

• Status: repealed
• Authority G.S. 104G-4; 104G-6; 104G-6(a)(2); 104G-9; 104G-11(b); 104G-19; 104G-23(a); 143-318.11; 143-318.12; 150B-11
• Eff. August 1, 1988
• Amended Eff. August 30, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0303 Public Meetings in Potentially Suitable Areas {#sec-01-ncac-37-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0303}

History

• Status: repealed
• Authority G.S. 104G-4; 104G-6; 104G-6(a)(2); 104G-9; 104G-11(b); 104G-19; 104G-23(a); 143-318.11; 143-318.12; 150B-11
• Eff. August 1, 1988
• Amended Eff. August 30, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0304 Selection of Potentially Suitable Sites {#sec-01-ncac-37-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0304}

History

• Status: repealed
• Authority G.S. 104G-4; 104G-6; 104G-6(a)(2); 104G-9; 104G-11(b); 104G-19; 104G-23(a); 143-318.11; 143-318.12; 150B-11
• Eff. August 1, 1988
• Amended Eff. August 30, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0305 Site Designation Review Committee {#sec-01-ncac-37-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0305}

History

• Status: repealed
• Authority G.S. 104G-4; 104G-6; 104G-6(a)(2); 104G-9; 104G-11(b); 104G-19; 104G-23(a); 143-318.11; 143-318.12; 150B-11
• Eff. August 1, 1988
• Amended Eff. August 30, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0306 Preferred Site {#sec-01-ncac-37-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0306}

History

• Status: repealed
• Authority G.S. 104G-4; 104G-6; 104G-6(a)(2); 104G-9; 104G-11(b); 104G-19; 104G-23(a); 143-318.11; 143-318.12; 150B-11
• Eff. August 1, 1988
• Amended Eff. August 30, 1993
• Repealed Eff. December 1, 2012.

01 NCAC 37 .0307 Preferred Site Local Advisory Committee {#sec-01-ncac-37-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 37 .0307}

History

• Status: repealed
• Authority G.S. 104G-4; 104G-6; 104G-6(a)(2); 104G-9; 104G-11(b); 104G-19; 104G-23(a); 143-318.11; 143-318.12; 150B-11
• Eff. August 1, 1988
• Amended Eff. August 30, 1993
• Repealed Eff. December 1, 2012.

Chapter 38 Motor Fleet Management

01 NCAC 38 .0101 Dispatching {#sec-01-ncac-38-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0101}

History

• Status: expired
• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 38 .0102 Gasoline Purchases {#sec-01-ncac-38-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0102}

History

• Status: expired
• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 38 .0103 Mileage Rates {#sec-01-ncac-38-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0103}

Agencies shall reimburse the Department of Administration ("Department") for the use of Motor Fleet Management Division ("Division") vehicles at the end of each month at the rate set by the Department. This rate shall be set out in the assignment documents and based upon the total cost of ownership of the vehicle.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Readoption Eff. November 1, 2019.

01 NCAC 38 .0104 Credit Cards and Pump Key {#sec-01-ncac-38-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0104}

History

• Status: expired
• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 38 .0105 Service for Non-Motor Pool Vehicles {#sec-01-ncac-38-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0105}

Gasoline and oil shall be furnished to any state-owned passenger vehicle at the Division costs. Other services and minor repairs may be obtained on a first-come reservation basis as time permits.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0201 General Repairs and Maintenance {#sec-01-ncac-38-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0201}

(a) The individual and Agency to whom the vehicle is assigned shall maintain and make any necessary repairs to Division vehicles. Maintenance shall include oil changes, tire rotations, transmission or engine service.

(b) Prior to any maintenance and repairs, the individual or the Agency shall have prior authorization by contacting the dedicated repair authorization line provided in the assignment document with the details of the maintenance and an estimate of the cost.

(c) Authorized charges for maintenance or repairs shall be billed to the Division for payment. The Division may invoice agencies for any unauthorized repair expenses when the repairs are conducted off the assigned maintenance schedule or are in addition to what is recommended by the Division for the vehicle.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Readoption Eff. November 1, 2019.

01 NCAC 38 .0202 Routine Maintenance {#sec-01-ncac-38-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0202}

Drivers shall check their assigned vehicles to insure proper oil level, water and antifreeze for radiators, water for battery, wear on belts, and proper inflation of tires. This service shall be performed when fuel is purchased or at least weekly.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0203 Preventive Maintenance {#sec-01-ncac-38-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0203}

Preventive maintenance on vehicles is to be performed at scheduled intervals established by the Division. If maintenance is not performed within plus or minus 500 miles of the schedule, vehicle assignment is subject to termination.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0204 Annual Safety Inspections {#sec-01-ncac-38-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0204}

All vehicles shall be inspected annually as required by North Carolina safety inspection laws. This inspection is billed to the Division. It is the responsibility of the assigned driver and agency to assure that the vehicle has a valid inspection sticker.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0205 Accident Reporting {#sec-01-ncac-38-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0205}

(a) A police report shall be obtained at the time of the accident by the local law enforcement on all accidents involving Division vehicles.

(b) All accidents involving Division vehicles or other property damage, regardless of amount of damage, shall be reported by contacting the dedicated accident reporting agencies provided in the assignment documents.

(c) All accidents involving personal injury to a third party or damage to a third party's property shall be reported to Traveler's Insurance Company at the contact information provided in the assignment documents.

History

• Authority G.S. 143-341(8)i
• Eff. November 2, 1992
• Readoption Eff. November 1, 2019.

01 NCAC 38 .0206 Decals and Bumper Stickers on Vehicles {#sec-01-ncac-38-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0206}

Decals may be affixed to vehicles owned by the Division when done in accordance with the following provisions:

(1) The decal and method of fixture must be approved by the Division prior to application of decal.

(2) The decal must not cover an area greater than 200 square inches.

(3) No more than two decals may be affixed to the vehicle and must be affixed one each to the front doors of the vehicle.

(4) The decal must be applied and removed without defacing or devaluing the vehicle.

(5) The cost of decal material, application, and removal of decal must be borne by the using agency.

(6) The cost of any repairs resulting from inadvertent defacing must be borne by the using agency. All such repairs must restore the vehicle to its original condition.

(7) The bumper sticker and method of fixture must be approved by the Division prior to the application of the bumper sticker.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0207 Installation of Equipment {#sec-01-ncac-38-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0207}

Special equipment required in the line of duty may be installed on Division vehicles upon receiving prior written authorization. The using agency must bear the cost of purchase, installation, maintenance, and removal of such equipment. Any defacing to or devaluing of the vehicle resulting from installation or removal of special equipment must be repaired at the expense of the using agency. Other equipment not furnished with the vehicle at the time of assignment by the Division shall be paid by the requesting agency.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0301 Types of Vehicle Assignments {#sec-01-ncac-38-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0301}

History

• Status: expired
• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 38 .0302 Requests for Assignment of Vehicles {#sec-01-ncac-38-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0302}

(a) Permanent Assignments. Requests for Division vehicles to be assigned to individuals or agencies shall be on the Division form and shall include:

(1) contact information on the requesting individual and the Agency;

(2) copy of a valid North Carolina driver's license;

(3) description of the requesting individual or Agency's vehicle needs and planned usage; and

(4) signature by the Agency's Director or his or her designee.

(b) "Special Use" Assignments. In addition to the requirements set forth in Paragraph (a) of this Rule, written justification, verified by historical data shall be included on the official Division form for each "special use" vehicle assigned. All assignments of "special use" vehicles shall be reviewed and approved by the Secretary in accordance with G.S. 143-341(8)(i)(5).

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Readopted Eff. November 1, 2019.

01 NCAC 38 .0303 Denial and Appeal Procedures {#sec-01-ncac-38-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0303}

In the event a request for a permanently or agency assigned vehicle is denied, the agency head may appeal the decision of the Division to the Secretary of the Department of Administration, in writing, within 10 days of denial of request.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0304 Violations {#sec-01-ncac-38-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0304}

A copy of all traffic violations received by state employees while operating state-owned vehicles is received by the Director of the Division. An inquiry letter is sent to the department head and a response is requested. If a state employee is involved in repeated infractions, he/she may be subject to denial of the use of any state-owned vehicle.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0305 Removal of Vehicles from Individual and Agency Assignment {#sec-01-ncac-38-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0305}

Permanent vehicle assignment to individuals or agencies may be revoked if any of the following occur:

(1) a conviction of G.S. 20 or other state motor vehicle laws in which the vehicle is traveling;

(2) any violation of G.S. 143-341(8)(i)(7a) is committed;

(3) any vehicle abuse which may include not providing maintenance in accordance with the assigned maintenance schedule set for the vehicle, not providing repairs when needed, or destruction of the interior or exterior not due to the natural aging of the vehicle; and

(4) any other violation of the rules of this Section.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Readopted Eff. November 1, 2019.

01 NCAC 38 .0306 Termination Procedures {#sec-01-ncac-38-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0306}

The Division shall revoke the assignment or require the department owning the vehicle to revoke the assignment of a state-owned passenger motor vehicle, pickup truck or Van when any one of the conditions cited previously in Rule .0305 of this Section have been established by a preponderance of the evidence. Agencies may cite abuse or any one of the other conditions set forth in Rule .0305 of this Section for appropriate agency disciplinary action. The following procedures shall be used by the Division:

(1) Complaints, concerns, and questions received by the Division are acted upon and a written notice is sent to the proper department head.

(2) Notification by the Division of a vehicle complaint will include specific documentation to support such claim. The agency must respond with a written reply within 10 days.

(3) The Division will review the allegation and verify all documents supporting the allegation. Further, the Division will review the response received from the agency head or alleged offender.

(4) After a full evaluation of the allegation and response, the Director of the Division will determine if the vehicle assignment shall be revoked. No revocation will occur based on an anonymous call.

(5) The Division reserves the right to temporarily terminate a vehicle assignment during the course of an investigation. This shall be the case under citation of driving while impaired or without a valid driver's license or any other major violation of the motor vehicles laws.

(a) If a vehicle assignment is revoked, the offender may appeal the decision of the Division's Director to the Secretary of the Department of Administration. Any appeal must be filed within 10 days of receipt of notice of the Division's decision.

(b) Any appeal to the termination of a vehicle assignment will be sent to the agency head who will forward the appeal to the Division. The Division will send the appeal to the Secretary of the Department of Administration.

(c) If an appeal is denied, and the vehicle assignment is revoked, a new requisition shall not be honored until the Secretary of the Department of Administration is assured that the violation for which the assignment was previously revoked will not recur.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0307 Weekend Assignments {#sec-01-ncac-38-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0307}

History

• Status: expired
• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 38 .0308 Return of Assigned Vehicles {#sec-01-ncac-38-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0308}

(a) Replacement vehicles shall be assigned by the Division as necessary based on mileage, time in service, economy and nature of use of each vehicle.

(b) If turn-in or replacement is required, all permanently assigned vehicles, including all keys, credit cards assigned to that vehicle, vehicle registration, travel log book, and any other materials issued by the Division, shall be returned to the Division Office. The Agency shall continue to be charged for the assigned vehicle until the vehicle has been received by the Division's Vehicle Assignment staff and all of the requirements of this Paragraph are met.

(c) The driver's Agency shall pay for all damages due to vehicle neglect, misuse or abuse.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Readopted Eff. November 1, 2019.

01 NCAC 38 .0401 Official Use Only {#sec-01-ncac-38-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0401}

(a) State-owned vehicles shall be driven only by state employees and used for official state business except in accordance with this Rule.

(b) An employee may drive the vehicle to and from his or her home when one or more of the following conditions exist:

(1) by virtue of his or her position, the employee is entitled to use the vehicle and is so approved and authorized by the Secretary of Administration in accordance with IRS Publication 15-B herein incorporated by reference including subsequent amendments and additions. This document may be accessed at https://www.irs.gov/publications/p15b at no cost.

(2) the employee is entitled to use the vehicle for commuting purposes in accordance with G.S. 143-341(8)(i)(7a);

(3) the employee's home is his or her official work station and the vehicle is parked at home when not being used for official business; or

(4) the state-owned vehicle is required for a trip the following workday and employee's home is closer to the destination than the official work station, and the employee does not have to report to his or her work station before beginning the trip.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
• Amended Eff. November 1, 2019.

01 NCAC 38 .0402 Commuting Policy {#sec-01-ncac-38-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0402}

History

• Status: expired
• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 38 .0403 Toll Charges {#sec-01-ncac-38-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0403}

History

• Status: expired
• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 38 .0404 Parking and Storing of Vehicles {#sec-01-ncac-38-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0404}

(a) Individuals and agencies are responsible for secure and safe storage and parking of vehicles. Acts of vandalism may result in the agency being charged for repairs. State-owned vehicles shall not be left on non-residential streets or highways overnight unless it is necessary due to mechanical failure or emergency. When a state-owned vehicle is parked on a municipal street, it shall be the responsibility of the driver or the driver's agency to pay all parking fees and any parking fines or other fines assessed against the vehicle. The vehicle may be parked in a commercial or municipal parking facility provided the driver or the driver's agency pays for any parking fees. The assigned driver shall be responsible for any towing fees resulting from improper parking.

(b) The Division shall not be responsible for property left in parked vehicles at any location including the Motor Pool Garage. Further the Division shall not be responsible for the cost of duplicate keys other than those that are issued when the car is assigned. Also, the Division shall not be responsible for the cost associated with locking a key in a vehicle.

(c) Parking citations are the responsibility of the assigned driver or the driver's agency at the time of issue. If a parking citation is not paid within a two-week period, a notice is sent to the Division and forwarded to their assigned driver. Two unpaid parking citations received by the Division for the same driver constitutes vehicle abuse.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0405 Motor Vehicle Laws and Ordinances {#sec-01-ncac-38-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0405}

It is the responsibility of the driver to observe all state motor vehicle laws and municipal ordinances. All violations and resulting fines shall be the responsibility of the driver involved.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0406 Hitchhikers {#sec-01-ncac-38-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0406}

Hitchhikers are not permitted to ride in state-owned vehicles.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0407 Relatives {#sec-01-ncac-38-.0407 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0407}

No spouses and children of state employees may accompany them in state-owned vehicles. No family pets are permitted in state-owned vehicles. Service animals are excluded from this restriction.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Readopted Eff. November 1, 2019.

01 NCAC 38 .0408 Non-State Employed Persons {#sec-01-ncac-38-.0408 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0408}

Non-state employed persons may accompany state employees driving state-owned vehicles when they have an interest in the purpose of the trip and their presence is related to state business. Students of universities and colleges may be passengers in state cars to attend athletic events and other activities approved by the institution, provided the proper account is reimbursed at the standard mileage cost rate by the student activity fund involved. Non-state employed persons, however, are not allowed to drive the state-owned vehicle, except for drivers of blind or permanently disabled state employees. Also excepted are graduate students enrolled in a state-supported college or university whose educational training requires the use of a state-owned vehicle.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0409 Use of State-Owned Vehicles for Private Purposes {#sec-01-ncac-38-.0409 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0409}

(a) When an employee is required to use a state-owned vehicle for travel while away from his/her work station, the vehicle may be used for travel to obtain meals and other necessities, but not for entertainment or any personal purposes. A state employee may not use a state-owned vehicle for obtaining meals unless he/she is in travel status, approved commuter status, or approved office in home.

(b) Under no circumstances may a state employee operate a state-owned vehicle while under the influence of intoxicating beverages, drugs, or substances, or transport (except in performance of law enforcement duties) these items in a state-owned vehicle.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0410 Out-of-State Travel {#sec-01-ncac-38-.0410 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0410}

If a vehicle is to be driven to Canada or Mexico the driver must contact the Division 30 days ahead of time so the proper automotive insurance protection may be obtained.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0411 Replacement of Vehicles {#sec-01-ncac-38-.0411 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0411}

History

• Status: expired
• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 38 .0501 State Policy on Use of Private Vehicles {#sec-01-ncac-38-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0501}

History

• Status: expired
• Authority G.S. 138-6; 143-341(8)i
• Eff. October 1, 1992
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 38 .0502 Reimbursement at Statutory Rate {#sec-01-ncac-38-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0502}

History

• Status: expired
• Authority G.S. 138-6; 143-341(8)i
• Eff. October 1, 1992
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 38 .0601 Transportation to and from Motor Pools {#sec-01-ncac-38-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0601}

The motor pools do not provide local transportation for persons who must leave their vehicle for service. Nor is local transportation provided to a motor pool when a temporary vehicle is picked up at the beginning of a trip. Arrangements shall be made for local transportation prior to arriving at a motor pool.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 38 .0602 Use of Private License Plates {#sec-01-ncac-38-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0602}

History

• Status: expired
• Authority G.S. 14-250; 143-341(8)i
• Eff. October 1, 1992
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 38 .0603 Driving Under Adverse Weather Conditions {#sec-01-ncac-38-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 38 .0603}

Temporarily assigned vehicles will not be issued during adverse weather conditions such as accumulated snow, sleet, or ice on roadways. Temporarily assigned vehicles already requested may be cancelled or delayed at the discretion of the Division in the event of any adverse weather conditions. Drivers of vehicles on permanent assignment, who drive during adverse weather conditions, are cautioned to take extreme care and employ safety measures to ensure the safety of driver and passengers. Any damage to Division-owned vehicles operated during adverse weather conditions shall be paid by the using agency when it is found that such damage resulted from negligence on the part of the driver. Drivers are requested to turn on headlights while driving during inclement weather and are required by state law to turn on headlights when operating windshield wipers.

History

• Authority G.S. 143-341(8)i
• Eff. October 1, 1992
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

Chapter 39 Administration's Minimum Criteria

01 NCAC 39 .0101 Purpose {#sec-01-ncac-39-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 39 .0101}

The purpose of these minimum criteria is to establish threshold levels for minor operations or small routine facility projects in this Rule which no filing of environmental documents under G.S. 113A shall be required. The primary emphases of these minimum criteria are to:

(1) insure that protection is provided to the environment in the State Government Center and at other properties under the control of the Department of Administration throughout the state;

(2) insure that environmental impacts are considered prior to approving activities on the state's sensitive areas, defined as those which are delineated or protected under one or more of the following:

(a) Wetlands by the U.S. Army Corps of Engineers under 33 CFR 328.3 and 40 CFR 230.3;

(b) National Historic Preservation Act of 1966, as amended and National Executive Order 11593 and State Executive Order 16 administered by the North Carolina Department of Cultural Resources;

(c) Prime Agricultural and Forest Lands identified under P.L. 97-98 and State Executive Order 96;

(d) State Park Lands designated under G.S. 113-44.9;

(e) State Game Lands administered under G.S. 113-264 and 306(d);

(f) State Forest Lands administered under G.S. 113-22 and 29;

(g) State Nature Preserves and Dedicated Natural Areas administered under G.S. 113A-164.1;

(h) Primary and Secondary Nurseries designated in accordance with 15A NCAC 03R .0103 - .0105 and 15A NCAC 10C .0503, and Critical Habitat Areas designated in accordance with 15A NCAC 03I .0101 and 15A NCAC 10I .0101(a)(5);

(i) State High Quality Waters designated in accordance with 15A NCAC 02B .0201(d); this includes waters classified as WS-I, WS-II, SA and ORW (Outstanding Resource Waters);

(j) State Natural and Scenic Rivers designated under G.S. 113A-30;

(k) North Carolina Coastal Reserves designated under G.S. 113A-129.1;

(l) State Lakes administered under G.S. 146-3; and

(m) Lands which contain animal or plant species protected by the Federal Threatened and Endangered Species Act (administered by the U.S. Fish and Wildlife Service), State Endangered and Threatened Wildlife and Wildlife Species of Special Concern Act (G.S. 113-331 administered by the North Carolina Wildlife Resources Commission), or State Plant Protection and Conservation Act (G.S. 106-202.12 administered by the North Carolina Department of Agriculture); and

(3) permit the implementation of the routine operations, maintenance, repair, or construction tasks which the state is required to undertake without undue delay or expense.

History

• Authority G.S. 113A-11
• Eff. October 1, 1993
• Amended Eff. January 1, 1997
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 39 .0201 Non-Major Activities {#sec-01-ncac-39-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 39 .0201}

The following list of criteria shall be considered as descriptive of routine operations, small construction projects, and routine maintenance projects which do not require the filing of an Environmental Impact Statement, Environmental Assessment, or a Finding of No Significant Impact:

(1) Any action which involves relocation of staff members into a site using existing State buildings or leased buildings for which the building occupancy classification is not changed.

(2) Routine disposal operations of hazardous chemicals, asbestos, or other environmentally sensitive operations for which a written procedure has been established, reviewed by appropriate authority, and determined to be in keeping with state or federal law.

(3) Routine repairs and housekeeping projects which maintain a facility's original condition and physical features, including re-roofing and minor alterations where in-kind materials and techniques are used. This also encompasses structures 50 years of age and older and for which no separate law, rule, or regulation dictates a formal review and approval process.

(4) Demolition of or additions, rehabilitation or renovations to a structure not listed in the National Register of Historic Places or less than 50 years of age.

(5) Purchase by the Department of Administration for Department of Administration's use of real estate for which the use of the real estate does not vary from its intended purpose or function at the time of purchase or is consistent with local land use plans.

(6) The use of chemicals for boiler feedwater treatment, cooling tower water treatment, pesticides, herbicides, cleaning solvents, and other chemical products which may be considered environmentally sensitive, provided the materials are stored and utilized in keeping with the applicable Material Safety Data Sheet (MSDS).

(7) The handling of asbestos incident to a repair, maintenance, or minor construction project provided that the asbestos material is removed, stored, disposed of, and handled in accordance with procedures for processing asbestos found in 15A NCAC 19C .0600, 13 NCAC 7F .0201, 13 NCAC 7F .0500 and N.C.G.S. Chs. 95, 97 and 130A.

(8) New construction involving all of the following:

(a) A footprint of less than 10,000 square feet;

(b) A location that is not a National Register Archaeological site; and

(c) The use of the structure does not involve the handling or the storage of hazardous materials.

(9) Routine grounds maintenance and landscaping.

(10) Routine repair of existing parking lots.

(11) Installation of outdoor sculpture(s) or exhibits.

(12) Granting of leases, easements, or permits authorizing use of public land for any of the following:

(a) Installation of aerial and sub-aqueous pipes or pipelines for the transportation of potable water, and any cable line or line for the transmission of electrical energy, not requiring a certificate of environmental compatibility and public convenience from the North Carolina Utilities Commission, telephone or telegraph messages, and radio and television communications.

(b) Communication towers not located in sensitive areas as defined in Rule .0101(2) of this Chapter.

(c) Construction of a road in accordance with accepted design practices and in compliance with North Carolina Department of Transportation standards and specifications, involving less than 25 cumulative acres of ground surface not located in sensitive areas.

(d) Filling below the mean high water mark when such filling has been approved by the U.S. Army Corps of Engineers or the North Carolina Division of Coastal Management.

(e) Sewer line installations not exceeding the minimum criteria of the permitting agency and not located in sensitive areas.

(f) Ground water withdrawals not exceeding the minimum criteria of the permitting agency and not located in sensitive areas.

(g) Where the proposed use of the public land does not exceed the minimum criteria established by the agency recommending the lease, easement, or permit.

(h) Piers and boat docks on all State Lakes when constructed in accordance with 15A NCAC 12C .0300.

(i) Structures or piers and boat docks involving less than 11 slips.

(j) Granting of voluntary easements for structures existing as of October 1, 1995, in accordance with G.S. 146-12(b).

(13) Exchange or purchase of land where no agreement exists for the private land to be developed for use in any way that results in a change in the natural cover or topography prior to the exchange or purchase.

(14) Timber harvest in accordance with the National Forest Service or the North Carolina Division of Forest Resources Management's Plans and recognized best management practices.

History

• Authority G.S. 113A-11
• Eff. July 1, 1993
• Amended Eff. January 1, 1997
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 39 .0301 Exceptions to Minimum Criteria {#sec-01-ncac-39-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 39 .0301}

The Secretary of the Department of Administration may determine that environmental documents under the North Carolina Environmental Policy Act are required in any case where one of the following findings applies to a Department of Administration proposed activity:

(1) The proposed activity is located in a sensitive area.

(2) The proposed activity could cause changes in industrial, commercial, residential, agricultural, or silvicultural land use concentrations or distributions which would be expected to create adverse water quality, air quality, or ground water impacts, or affect long-term recreational benefits, shellfish, wildlife, or their natural habitats.

(3) The proposed activity has indirect impacts, or is part of cumulative effects, not generally covered in the approval process for the state action, and that may result in a potential risk to human health or the environment.

History

• Authority G.S. 113A-11
• Eff. October 1, 1993
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

Chapter 40 Nonpublic Education

01 NCAC 40 .0101 Purpose {#sec-01-ncac-40-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0101}

Temporary Adoption Expired May 12, 2000.

History

• Authority G.S. 115C-563; 115C-566
• Temporary Adoption Eff. August 4, 1998
• Temporary Adoption Expired May 29, 1999
• Codifier determined that agency findings did not meet criteria for temporary rule
• Temporary Adoption Eff. August 11, 1999

01 NCAC 40 .0102 Organization {#sec-01-ncac-40-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0102}

Temporary Adoption Expired May 12, 2000.

History

• Authority G.S. 115C-563; 115C-566; 143B-12
• Temporary Adoption Eff. August 4, 1998
• Temporary Adoption Expired May 29, 1999
• Codifier determined that agency findings did not meet criteria for temporary rule
• Temporary Adoption Eff. August 11, 1999

01 NCAC 40 .0103 Definitions {#sec-01-ncac-40-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0103}

Temporary Adoption Expired May 12, 2000.

History

• Authority G.S. 115C-547 through 115C-566
• Temporary Adoption Eff. August 4, 1998
• Temporary Adoption Eff. November 25, 1998
• Temporary Adoption Expired May 29, 1999
• Codifier determined that agency findings did not meet criteria for temporary rule
• Temporary Adoption Eff. August 11, 1999

01 NCAC 40 .0104 Purpose {#sec-01-ncac-40-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0104}

History

• Status: expired
• Authority G.S. 115C-553; 115C-561; 115C-563; 115C-566
• Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001
• Temporary Adoption Eff. October 9, 2001
• Temporary Rule Expired April 1, 2003
• Note: See Rule .0301.

01 NCAC 40 .0105 Organization {#sec-01-ncac-40-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0105}

History

• Status: expired
• Authority G.S. 115C-553; 115C-561; 115C-563; 115C-566; 143B-12
• Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001
• Temporary Adoption Eff. October 9, 2001
• Temporary Rule Expired April 1, 2003
• Note: See Rule .0301.

01 NCAC 40 .0106 Definitions {#sec-01-ncac-40-.0106 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0106}

History

• Status: expired
• Authority G.S. 115C-547 through 115C-566
• Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001
• Temporary Adoption Eff. October 9, 2001
• Temporary Rule Expired April 1, 2003
• Note: See Rule .0302.

01 NCAC 40 .0201 Definitions {#sec-01-ncac-40-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0201}

Temporary Adoption Expired May 12, 2000.

History

• Authority G.S. 115C-566
• Temporary Adoption Eff. August 4, 1998
• Temporary Adoption Eff. November 25, 1998
• Temporary Adoption Expired May 29, 1999
• Codifier determined that agency findings did not meet criteria for temporary rule
• Temporary Adoption Eff. August 11, 1999

01 NCAC 40 .0202 Issuance of Driving Eligibility Certificates {#sec-01-ncac-40-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0202}

Temporary Adoption Expired May 12, 2000.

History

• Authority G.S. 115C-566
• Temporary Adoption Eff. August 4, 1998
• Temporary Adoption Eff. November 25, 1998
• Temporary Adoption Expired May 29, 1999
• Codifier determined that agency findings did not meet criteria for temporary rule
• Temporary Adoption Eff. August 11, 1999

01 NCAC 40 .0203 Revocation of Driving Eligibility Certificates {#sec-01-ncac-40-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0203}

Temporary Adoption Expired May 12, 2000.

History

• Authority G.S. 115C-566
• Temporary Adoption Eff. August 4, 1998
• Temporary Adoption Eff. November 25, 1998
• Temporary Adoption Expired May 29, 1999
• Codifier determined that agency findings did not meet criteria for temporary rule
• Temporary Adoption Eff. August 11, 1999

01 NCAC 40 .0204 Student Appeals Process {#sec-01-ncac-40-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0204}

Temporary Adoption Expired May 12, 2000.

History

• Authority G.S. 115C-566
• Temporary Adoption Eff. August 4, 1998
• Temporary Adoption Eff. November 25, 1998
• Temporary Adoption Expired May 29, 1999
• Codifier determined that agency findings did not meet criteria for temporary rule
• Temporary Adoption Eff. August 11, 1999

01 NCAC 40 .0205 Definitions {#sec-01-ncac-40-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0205}

History

• Status: expired
• Authority G.S. 115C-566
• Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001
• Temporary Adoption Eff. October 9, 2001
• Temporary Rule Expired April 1, 2003
• Note: See Rule .0302.

01 NCAC 40 .0206 Issuance of Driving Eligibility Certificates {#sec-01-ncac-40-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0206}

History

• Status: expired
• Authority G.S. 115C-566
• Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001
• Temporary Adoption Eff. October 9, 2001
• Temporary Rule Expired April 1, 2003
• Note: See Rule .0303.

01 NCAC 40 .0207 Revocation of Driving Eligibility Certificates {#sec-01-ncac-40-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0207}

History

• Status: expired
• Authority G.S. 115C-566
• Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001
• Temporary Adoption Eff. October 9, 2001
• Temporary Rule Expired April 1, 2003
• Note: See Rule .0304.

01 NCAC 40 .0208 Student Appeals Process {#sec-01-ncac-40-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0208}

History

• Status: expired
• Authority G.S. 115C-566
• Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001
• Temporary Adoption Eff. October 9, 2001
• Temporary Rule Expired April 1, 2003
• Note: See Rule .0305.

01 NCAC 40 .0301 Purpose and Organization {#sec-01-ncac-40-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0301}

The Division of Nonpublic Education has been designated by the Governor as the agency of State government responsible for administering the provisions of G.S. 115C, Article 39 and is the "duly authorized representative of the State" for such purposes, as defined in G.S. 115C-563(b). The Division of Nonpublic education was located in the Department of Administration by order of the Governor effective July 1, 1998.

History

• Authority G.S. 115C-553; 115C-561; 115C-563; 115C-566
• Eff. April 1, 2003
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 40 .0302 Definitions {#sec-01-ncac-40-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0302}

For the purposes of this Chapter, the following definitions shall apply:

(1) "High school diploma or its equivalent" means a high school diploma issued by a non-public school which meets the requirements of G.S. 115C, Article 39 and also includes the General Equivalency Diploma or the adult high school diploma.

(2) "Making progress toward obtaining a high school diploma or its equivalent" means that the student must meet standards established by the chief administrator, or the chief administrator's designee, in the case of conventional nonpublic school or by the chief administrator of the home school or the educational program.

(3) "Substantial hardship" means a demonstrable burden on the student or the student's family as evidenced by circumstances such as the following:

(a) The parent/guardian is unable to drive due to illness or other impairment and the student is the only person of driving age in the household.

(b) The student requires transportation to and from a job that is necessary to the welfare of the student's family and the student is unable to obtain transportation by any means other than driving.

(c) The student has been unable to attend a conventional nonpublic school due to documented medical reasons, but the student demonstrates the ability to make progress toward obtaining a high school diploma or its equivalent.

(4) A "student who cannot make progress toward obtaining a high school diploma or its equivalent" shall mean a student who has been identified by the chief administrator, or the chief administrator's designee, in the case of a conventional nonpublic school or by the chief administrator of the home school or the educational program, as not having the capacity to meet the requirements for a high school diploma or its equivalent due to a disability.

(5) "Exemplary student behavior" means the student has not received school disciplinary action as described in G.S. 20-11(n1)(1)c for the enumerated student conduct listed in G.S. 20-11(n1)(1)d in accordance with G.S. 20-11(n1)(2) through (4).

(6) "Successful completion of a drug or alcohol treatment counseling program" means the student has completed all requirements of the counseling program which the chief administrator or the chief administrator's designee of the non-public school or educational program has determined best suits that student's needs.

(7) "Conventional nonpublic school" means a school operating only under either G.S. 115C, Article 39, Part 1 or Part 2.

(8) "Division" means the Division of Nonpublic Education, except where otherwise identified.

(9) "Educational program" means an alternative academic program of instruction found by a court prior to July 1, 1998, to comply with the Compulsory Attendance Law, G.S. 115C, Article 26, Part 1.

(10) "Home school" means a nonpublic school operating under G.S. 115C, Article 39, Part 3.

History

• Authority G.S. 115C-566
• Eff. April 1, 2003
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 40 .0303 Issuance of Driving Eligibility Certificates {#sec-01-ncac-40-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0303}

(a) Each conventional nonpublic school, home school and educational program shall be responsible for the issuance of driving eligibility certificates on forms that must be supplied only by the Division. The forms are non-transferable.

(b) Before any conventional nonpublic school or home school can issue a driving eligibility certificate, that school must have on file with the Division a currently valid Notice of Intent to Operate and must be in compliance with all laws and regulations applicable to conventional nonpublic schools or home schools which enroll students subject to compulsory attendance laws. Once the school is in compliance with such laws and regulations as apply to it, the driving eligibility certificate forms may be requested from, and supplied by, the Division.

(c) Before any educational program can issue a driving eligibility certificate, that program must have on file with the Division for at least six months:

(1) A letter stating the name of the educational program, its address and telephone number, and contact person; and

(2) Legal documentation in the form of a certified court order or judgment that the program was found to be in compliance with the Compulsory Attendance Law, G.S. 115C, Article 26, Part 1, prior to July 1, 1998.

Once the educational program is in compliance with such laws and regulations as apply, to it, the driving eligibility certificate forms may be requested from, and supplied by, the Division.

(d) Notwithstanding 01 NCAC 40 .0303(b), A nonpublic school shall not request driving eligibility certificate forms from the Division until after the school's currently valid Notice of Intent to Operate has been on file with the Division for at least six calendar months. This provision shall not apply in the case of any student that is newly resident in the State of North Carolina within the 30 days immediately preceding the request for a driving eligibility certificate from a school affected by this provision.

(e) A nonpublic school student under the age of 18 who wishes to obtain a limited learner's permit, a limited provisional license or a full provisional license under G.S. 20-11 must first request and obtain a driving eligibility certificate signed by the chief administrator, or the chief administrator's designee, in the case of a conventional nonpublic school or the chief administrator of the home school or the educational program. It must be obtained no more than 30 days before the student applies for a learner's permit or driver's license.

(f) Before a nonpublic school student is eligible to receive a driving eligibility certificate, the student must be currently enrolled in a nonpublic school which is meeting all the statutory requirements of G.S. 115C, Article 39, or in an educational program at the time the certificate form is issued and meet one of the following requirements:

(1) The student is making progress toward obtaining a high school diploma or its equivalent -- unless the student is unable to make such progress -- and is exhibiting exemplary student behavior while on school property and at all school-sponsored and school-related activities; or

(2) The student will have a substantial hardship placed on the student or the student's family if the certificate is not issued.

(g) If a student is denied a certificate, the chief administrator of the nonpublic school or the educational program shall inform the student of the school's or the program's decision and the availability and details of the school's or program's appeals process.

History

• Authority G.S. 115C-566
• Eff. April 1, 2003
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 40 .0304 Revocation of Driving Eligibility Certificates {#sec-01-ncac-40-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0304}

(a) Each nonpublic school and educational program shall revoke a driving eligibility certificate held by one of its students, no matter whether it was issued by that school or program or not:

(1) When the student fails to meet the requirements for the certificate set out in 01 NCAC 40 .0303; or

(2) When the student is no longer enrolled in the school or program and does not possess a high school diploma or its equivalent upon the student's removal from the school's or program's rolls, if the student will not be enrolled in another school (public, conventional nonpublic, home school, educational program or community college).

(b) Upon revocation of a certificate, the chief administrator of the school or program shall send written notification of the revocation to the Division within five calendar days of the revocation, unless the student protests the decision. If the Appeals Committee upholds the school's or program's decision to revoke the certificate, the notification to the Division will be made within five days from the school's or program's receipt of the committee's decision.

(c) The notification to the Division shall include:

(1) The student's legal name (first, middle and last name as on the student's birth certificate);

(2) The student's social security number;

(3) The student's residence address (including street, city and zip code):

(4) The student's date of birth;

(5) The student's gender;

(6) The student's race;

(7) The student's learner's permit or driver's license number;

(8) The name of the parent/guardian with whom the student is living;

(9) A statement of the reasons for the revocation of the certificate;

(10) The date of the student's ineligibility or removal from the school's or program's rolls;

(11) The type of nonpublic school, whether conventional or home school, or educational program;

(12) The name of the nonpublic school or educational program;

(13) The county in which the nonpublic school or educational program is located; and

(14) The name of the chief administrator of the nonpublic school or educational program.

(d) Within five calendar days of the Division's receipt of the written notification of revocation from the on public school, or educational program, the Director of the Division or the Director's designee, shall inform the North Carolina Division of Motor Vehicles of the revocation.

(e) If a student's certificate is revoked, the chief administrator of the nonpublic school or educational program, or the chief administrator's designee, shall immediately inform the student of the school's or program's decision and the availability and details of the school's or program's appeals process.

History

• Authority G.S. 115C-566
• Eff. April 1, 2003
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 40 .0305 Student Appeals Process {#sec-01-ncac-40-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 40 .0305}

(a) Each conventional nonpublic school and educational program that enrolls students that are at least 15 years of age shall establish a Driving Eligibility Certificate Appeals Committee to receive and act upon student protests that a driving eligibility certificate was improperly denied or revoked. All student protests shall be made within five days of the school's or program's decision and directed to the chief administrator of the conventional nonpublic school or educational program. The Appeals Committee shall:

(1) Be appointed by and serve at the pleasure of the chief administrator of the conventional nonpublic school or educational program, or the chief administrator's designee; and

(2) Consist of at least three members, each of which shall be a member of the school's or program's governing board, administration or staff, or a parent/guardian with a child currently enrolled in the school or program.

(b) The Division shall establish a Home School Driving Eligibility Certificate Appeals Committee exclusively to receive and act upon student protests that a driving eligibility certificate was improperly denied or revoked by a home school. All home school student protests shall be made within five days of the school's decision and directed to the Director of the Division or the Director's designee, at Division of Nonpublic Education, Department of Administration, 1309 Mail Service Center, Raleigh, North Carolina 27699-1309. The Home School Driving Eligibility Certificate Appeals Committee shall:

(1) Be appointed by, and serve on a voluntary basis at the pleasure of, the Director of the Division or the Director's designee; and

(2) Consist of at least three members, each being the chief administrator of a home school currently operating under G.S. 115C, Article 39, Part 3. The members shall not receive per diem or any other type of compensation for their service. The Director, or the Director's designee, shall appoint a chairperson from the committee's membership. The chairperson shall then direct the decision-making work of the committee.

(c) All Driving Eligibility Certificate Appeals Committees shall:

(1) Consider the written protest of the student as to why the driving eligibility certificate was improperly denied or revoked;

(2) Decide the protest based on whether the requirements for the certificate were met or whether the certificate was properly revoked; and

(3) Render its decision within 30 calendar days of receipt of the written protest from the student, and promptly notify the student and the chief administrator of the school or program of the decision.

(d) The decision of the appropriate appeals committee shall be final.

History

• Authority G.S. 115C-566
• Eff. April 1, 2003
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

Chapter 42 North Carolina Commission on State Property

01 NCAC 42 .0101 Scope {#sec-01-ncac-42-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 42 .0101}

History

• Status: expired
• Authority G.S. 143-735; 143-736
• Temporary Adoption Eff. July 29, 2005
• Temporary Adoption Expired May 12, 2006.

01 NCAC 42 .0102 Required Content, Format and Submission of Proposals {#sec-01-ncac-42-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 42 .0102}

History

• Status: expired
• Authority G.S. 143-735; 143-736
• Temporary Adoption Eff. July 29, 2005
• Temporary Adoption Expired May 12, 2006.

01 NCAC 42 .0103 Permitted Number of Proposals by Real Estate Professional {#sec-01-ncac-42-.0103 omnilex-key=us-nc-regs-official--title-01--01 NCAC 42 .0103}

History

• Status: expired
• Authority G.S. 143-735; 143-736
• Temporary Adoption Eff. July 29, 2005
• Temporary Adoption Expired May 12, 2006.

01 NCAC 42 .0104 Evaluation of Proposals {#sec-01-ncac-42-.0104 omnilex-key=us-nc-regs-official--title-01--01 NCAC 42 .0104}

History

• Status: expired
• Authority G.S. 143-735; 143-736
• Temporary Adoption Eff. July 29, 2005
• Temporary Adoption Expired May 12, 2006.

01 NCAC 42 .0105 Listing Contracts with Real Estate Professionals {#sec-01-ncac-42-.0105 omnilex-key=us-nc-regs-official--title-01--01 NCAC 42 .0105}

History

• Status: expired
• Authority G.S. 143-735; 143-736
• Temporary Adoption Eff. July 29, 2005
• Temporary Adoption Expired May 12, 2006.

Chapter 43 Surplus Property

Subchapter A

01 NCAC 43A .0101 Scope {#sec-01-ncac-43a-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0101}

This Subchapter shall apply to entities engaging in the sale, purchase, or transfer of surplus property through the State Surplus Property Agency.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43A .0102 Definitions {#sec-01-ncac-43a-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0102}

For the purposes of this Chapter, the following definitions apply:

(1) "Employee" includes full-time exempt and non-exempt, part-time, temporary, and permanent employees of a state agency as defined in G.S. 143-64.02.

(2) "Fair Market Price" means the agreed price, that price on which the seller, the State Surplus Property Agency and the buyer agree.

(3) "Immediate Family" means spouse or children/stepchildren under the age of 18.

(4) "SSPA" means the State Surplus Property Agency.

(5) "State-Owned" means in the possession of the State of North Carolina and purchased with State funds, property donated to the State, or property purchased with other funds that give ownership of the property to the state.

(6) "Surplus Property" means property no longer needed by a State agency.

(7) "Non-Profit Tax Exempt organization" is defined in G.S. 143-64.02. Note that not all Non-Profit Tax Exempt organizations are eligible to use the services of the State Surplus Property Agency.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. July 1, 2007
• Amended Eff. April 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43A .0201 Sensitive and Confidential Data {#sec-01-ncac-43a-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0201}

The owning agency shall clear and destroy all data from surplus items prior to disposal.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. April 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43A .0202 Compressed GASES, FLAMMABLE, NUCLEAR, CHEMICAL, BIOLOGICAL, RADIOACTIVE, AND OTHER HAZARDOUS MATERIALS {#sec-01-ncac-43a-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0202}

(a) The State Surplus Property Agency does not accept equipment or containers that contain compressed gases, or flammable, nuclear, chemical, biological, radioactive or other hazardous materials. Any container or equipment that has contained any of these materials must be rendered and declared safe by the owning agency, and a statement to this effect included in the item description when a disposal or sale of the item is requested. Any container or equipment that has been rendered and certified safe shall have labeling removed that would indicate that the container or equipment is contaminated or contains any of these items.

(b) All laws and regulations must be followed and proper disposal documentation recorded with various regulatory federal, state and local agencies for the transport, sale or disposal of items described in Paragraph (a) of this Rule.

(c) Laboratory equipment may be sold with regulated or non-regulated amounts of materials described in Paragraph (a) of this Rule. When hazardous materials are contained in a piece of equipment, all pertinent information related to types, amounts and any regulatory requirements shall be included in the item description when entered into the SSP System. If the equipment contains amounts that are not regulated by any federal, state, or local agency, the description of the equipment shall include the statement "Non-Regulated." These items shall be sold at the agencies location and not transported to the State Surplus Property Agency. The owning agency shall ensure all applicable laws and regulations are followed in the transport, sale or disposal of such items. If a potential buyer is required to be registered with any regulatory agency prior to taking possession of the equipment, the selling agency shall include all requirements in the description of the item and review and approve any required documentation presented by the successful bidder within 48 hours of the opening of the bids.

(d) Each agency shall contact its safety office and ensure that all federal, state and local regulations have been followed prior to the transport or disposal of items described in Paragraph (a) of this Rule.

(e) This Rule does not apply to equipment, watercraft, aircraft or vehicles that may contain gasoline, diesel fuel, liquefied propane, liquefied natural gas or other fuels when it is contained within a fuel tank or fuel cell approved by the manufacturer of the equipment, watercraft, aircraft or vehicle.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. April 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43A .0301 Transfer or Sale {#sec-01-ncac-43a-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0301}

The State Surplus Property Agency shall determine the method of transfer, sale, or disposal of all State owned property in the best interests of the State.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. July 1, 2007
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43A .0302 Notification of Surplus {#sec-01-ncac-43a-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0302}

State agencies shall notify the State Surplus Property Agency of the Division of Surplus Property of any personal property which is surplus to their needs by entering the necessary information into the electronic State Surplus Property Disposal System. In doing so, agencies may suggest a fair market price which they desire to receive from any disposition made.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43A .0303 Trade-in {#sec-01-ncac-43a-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0303}

(a) Agencies desiring to trade-in property for new or replacement property shall gain State Surplus Property Agency approval prior to said trade-in.

(b) Where an agency solicits competition for the purchase of a new item and it appears that a trade-in may be advantageous, the solicitation shall contain a provision requesting that a trade-in allowance be offered and the agency's Purchasing Officer shall seek approval from the State Surplus Property Agency prior to the issuance of a purchase order.

(c) It is the responsibility of the agency to document the advantages to the State of a proposed trade-in. However, the State Surplus Property Agency shall be the final authority when concluding advantages to the State.

(d) Advantages other than for cost-effectiveness and ease of disposal shall be considered exceptions, and shall be documented and approved by the agency head prior to submission to the State Surplus Property Agency for final determination.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43A .0304 Order of Priority in Disposition {#sec-01-ncac-43a-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0304}

(a) In the disposition of state surplus property, the State Surplus Property Agency shall give first priority to other agencies of the state for purchase or transfer. Second priority shall be given to sales to political subdivisions and non-profit tax exempt organizations within the state. Property thus sold must be for the use of the recipient agency, political subdivision or non-profit tax exempt organization with title being in such agency, unit or organization.

(b) All titled vehicles transferred between state agencies must be processed through the State Surplus Property Agency with regard to titles and associated North Carolina Division of Motor Vehicles documents. Vehicles shall be transferred at fair market price.

(c) In making transfers over one hundred fifty dollars ($150.00), the price shall be set by the owning agency in consultation with the State Surplus Property Agency. The price shall be based upon previous sales of similar products on the open market. All transfers of property from or to a receipt-supported agency shall include an exchange of funds.

(d) State surplus property sold to any political subdivision or non-profit tax exempt organization must be retained by the unit or organization not less than 12 months before disposal.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. July 1, 2007
• Amended Eff. April 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43A .0305 Disposal by Executive Order {#sec-01-ncac-43a-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0305}

Notwithstanding 01 NCAC 43A .0304, the Governor, through Executive Order, may direct the disposal of surplus State property by transfer or donation to any North Carolina State agency or political subdivision or to the State Government of any other State within the United States, in response to a declared Federal or North Carolina State Disaster.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43A .0306 Bidding and Purchases Prohibited by Employees and Immediate Family Members {#sec-01-ncac-43a-.0306 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0306}

(a) To avoid conflicts of interest, bidding on or purchase of state surplus property is prohibited to State Surplus Property Agency employees and their immediate family members.

(b) All State employees specified as custodian of state property for a state agency, and their immediate family members, are prohibited from bidding on or purchasing the surplus property of the employing state agency.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. July 1, 2007
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43A .0307 Public Sale {#sec-01-ncac-43a-.0307 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0307}

Unless otherwise disposed of in accordance with G.S. 143-64.03 or Rule .0305 of this Section, State Surplus Property shall be offered for public sale. Public sale is through sealed competitive bids, competitive bids, electronic bids, negative bids, auction, and retail sales.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0308 First-Come First-Served {#sec-01-ncac-43a-.0308 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0308}

State surplus property shall be sold on a first-come, first served basis when:

(1) the property is sold at a retail store to the general public; or

(2) the property is transferred to state agencies, political subdivisions, or non-tax exempt organizations.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0309 Rejection of Bids {#sec-01-ncac-43a-.0309 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0309}

(a) Any and all bids may be rejected if in the best interest of the state.

(b) Bids may also be rejected in whole or in part if:

(1) The winning bidder has failed to pay for or pick up surplus property awarded;

(2) The bid is submitted by an ineligible bidder pursuant to Rule .0315 of this Section;

(3) The bid does not comply with the terms and conditions of the State Surplus Property Agency;

(4) The bid is not legible or the information provided is inaccurate, incomplete or needs clarification;

(5) The bid does not comply with the requirements of the request and solicitation as set forth in the bid; or

(6) Bid rejection is recommended by the State Capitol Police, State Bureau of Investigation, Federal Bureau of Investigation, or other Homeland Security entity. In such cases, the security entity must provide a written statement requesting rejection and that the recommendation is based on homeland security concerns. In the event of receipt of a security based bid rejection recommendation, the State Surplus Property Agency shall reject the bid without further supporting documentation.

(c) If a bid is rejected in whole or in part, State Surplus Property may:

(1) re-advertise the property;

(2) award the property to the next highest bidder from the initial bid; or

(3) negotiate the sale of the property in the best interest of the State.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. July 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0310 Receipt of Bids {#sec-01-ncac-43a-.0310 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0310}

The bidder shall ensure that the bid is received in the State Surplus Property Agency by the time and date set forth in the bid.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0311 Inspection of Property {#sec-01-ncac-43a-.0311 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0311}

(a) All property is sold "as is" and "where is." Bidders may inspect property prior to submitting bids. Opportunity shall be afforded for inspection up to the time a bid is awarded, but no labor or materials shall be furnished to a bidder for such purpose.

(b) Photographs and descriptions are provided for the purpose of aiding the bidder to identify the property and shall not be used to determine quality or condition of the property. Descriptions by the custodian of the property shall not be considered by the State Surplus Property Agency nor shall they be grounds for disputing an award.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0312 State Does Not Guarantee {#sec-01-ncac-43a-.0312 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0312}

(a) The description of the property offered for sale is compiled from information available to the State Surplus Property Agency at the time the bid is prepared. All property is sold "as is" and "where is."

(b) State Surplus Property Agency may withdrawal the offer to sell prior to the award when in the best interest of the State.

(c) The winning bidder shall be responsible for any cost of weighing, packaging, crating, loading or hauling of property.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0313 Refunds {#sec-01-ncac-43a-.0313 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0313}

(a) No refund shall be made upon the following:

(1) property not meeting the bidder's expectation;

(2) bidder's failure to inspect prior to sale; or

(3) change of condition of property from the time of award to the time of pickup.

(b) No refund shall be given unless a change in value has occurred from the initial inspection of the property until the time of the award as determined by the State Surplus Property Officer based on condition of the property.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0314 Extension to Pay or Remove Property {#sec-01-ncac-43a-.0314 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0314}

(a) Extensions to pay or remove property shall be granted under the following conditions:

(1) the purchaser's inability to pay or remove property is due to the actions or inactions of the State Surplus Property Agency or the custodian of the property; and

(2) the State Surplus Property Officer determines that space is available to allow a delay in the removal of property.

(b) The purchaser shall not be eligible for refund for the change in the condition of the property as a condition of the extension.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0315 Failure to Pay or Remove Property {#sec-01-ncac-43a-.0315 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0315}

(a) Unless extended in accordance with Rule .0314 of this Chapter, if the bidder fails to pay in full for the property by the time and date indicated on the notice of award, the award shall be rescinded, and the defaulting bidder shall be charged with loss to the State, if any, together with all expenses of the sale.

(b) If the bidder does not remove the property purchased by the time and date indicated on the notice of award, the State Surplus Property Agency shall retain the purchase price, and resell the property a second time and retain all proceeds therefrom.

(c) Bidders who fail to pay shall be ineligible for award of future bids.

History

• Authority G.S. 143-64.01; 143-64.04; 143-64.05
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0316 Bond {#sec-01-ncac-43a-.0316 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0316}

(a) The selling entity or the State Surplus Property Agency may require performance bonds for the purchase of commodities when hazards to the environment may occur on property and require additional costs.

(b) The selling entity or the State Surplus Property Agency shall set the amount and terms of the bond based on an assessment of the property and estimated value.

(c) Selling agencies shall document the need for performance bonds.

(d) Selling agencies shall request a bond release from the State Surplus Property Agency once the requirements of the bond have been met by the bidder.

(e) Selling agencies shall submit a letter verifying compliance with the terms of the bond to the State Surplus Property Agency for any refund in whole or in part of the performance bond.

(f) The State Surplus Property Agency shall make a determination on releasing the performance bond based on the bidder's level of compliance with the terms of the bond.

History

• Authority G.S. 143-53(a); 143-64.01; 143-64.04; 143-64.05
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0317 Demolition of State Buildings {#sec-01-ncac-43a-.0317 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0317}

(a) The State Surplus Property Agency may, if in the best interest of the State, be responsible for bids and awards of contracts for the demolition of state buildings, including those of universities, hospitals, and other state entities.

(b) The State Surplus Property Office shall send a request for bid to any interested party upon request as well as to entities on a list maintained by the State Surplus Property Office. Request for bids may be sent to the State Surplus Office via mail, email, or through the online listserv request at https://ncadmin.nc.gov/citizens/state-surplus-property/email-notifications.

(c) The owning entity shall submit a letter of approval pursuant to G.S. 143-341(4) from the Council of State regarding the demolition of a state building to the State Surplus Property Agency.

(d) The bidder shall obtain all necessary permits, insurances, licenses, performance bonds and other requirements to complete the demolition.

History

• Authority G.S. 143-64.01; 143-64.04; 143-64.05
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0318 Timber Sales, Pinestraw, and Forest Commodities Sales {#sec-01-ncac-43a-.0318 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0318}

The State Surplus Property Agency shall dispose of timber, pine straw, and other forest commodities owned by state agencies through a public sale. A request for bid shall be sent to any interested party upon request as well as to entities on a list maintained by the State Surplus Property Office.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0319 Surplus Weapons and Firearms {#sec-01-ncac-43a-.0319 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0319}

(a) With the exception of service side arms within the scope of G.S. 20-187.2, surplus weapons and firearms possessed by the North Carolina State Highway Patrol, North Carolina Division of Adult Correction and Juvenile Justice of the Department of Public Safety and the North Carolina State Bureau of Investigation, may be sold through the State Surplus Property Agency to a federally licensed firearm dealer upon written request pursuant to G.S. 143-63.1(d) to sell weapons on their behalf.

(b) The written request shall include the following information for each weapon:

(1) description by make and model number;

(2) serial number; and

(3) any federal or state restrictions on the sale of non-firearm weapons.

(c) Surplus weapons and firearms sales shall be made by public sale in accordance with paragraph (b) or (d) of G.S. 143-63.1.

(d) The State Surplus Property Agency shall authorize the release of the weapons to the winning bidder upon receipt of the following information:

(1) payment in full;

(2) proof of identification; and

(3) proof of eligibility which shall include:

(A) a valid federal firearms license, if purchased pursuant to G.S. 143-63.1(d); or

(B) a notarized statement by the agency certifying the law enforcement need for the weapon, if purchased pursuant to G.S. 143-63.1(b).

History

• Authority G.S. 143-63.1; 143-64.01; 143-64.04
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

01 NCAC 43A .0320 Payment {#sec-01-ncac-43a-.0320 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43A .0320}

(a) All payments shall be in the form of cash, credit, debit, cashier's or certified check, postal money order, or other methods as approved by the Department of Administration Fiscal Officer which may include electronic payments.

(b) Payment for retail sales items shall be made at the time of purchase and shall be made at the retail site where the property is located.

(c) Payment in full for all purchases other than those made at a retail site shall be made by the time and date indicated on the notice of award and shall be made directly to the State Surplus Property Agency.

(d) Entities shall not accept payments on behalf of the State Surplus Property Agency.

(e) Extensions to pay or remove property shall be in accordance with 01 NCAC 43A .0314.

(f) No property may be removed by the bidder prior to full payment of the purchase price.

(g) Entities shall not release property prior to verifying that payment in full has been made to the State Surplus Property Agency. Entities shall assume all responsibility related to the release.

History

• Authority G.S. 143-64.01; 143-64.04
• Eff. June 1, 2007
• Readopted Eff. November 1, 2019.

Subchapter B

01 NCAC 43B .0101 Responsibility {#sec-01-ncac-43b-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0101}

History

• Status: repealed
• Authority G.S. 143-49; 143-64.1 to 143-64.5
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Amended Eff. February 1, 1996
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0102 Organization {#sec-01-ncac-43b-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0102}

History

• Status: repealed
• Authority G.S. 143-49; 143-64.1 to 143-64.5
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Amended Eff. February 1, 1996
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0201 Transfer or Sale {#sec-01-ncac-43b-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0201}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0202 Notification of Surplus {#sec-01-ncac-43b-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0202}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0203 Trade-in {#sec-01-ncac-43b-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0203}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0204 Order of Priority in Disposition {#sec-01-ncac-43b-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0204}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0205 Public Sale {#sec-01-ncac-43b-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0205}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0206 First-Come: First-Served {#sec-01-ncac-43b-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0206}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0207 Request for Bids on State Surplus Property {#sec-01-ncac-43b-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0207}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0208 Disposal by Other Means {#sec-01-ncac-43b-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0208}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0209 Rejection of Bids {#sec-01-ncac-43b-.0209 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0209}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0210 Receipt of Bids {#sec-01-ncac-43b-.0210 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0210}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0211 Execution of Bids {#sec-01-ncac-43b-.0211 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0211}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0212 Telefax Proposals (bids) {#sec-01-ncac-43b-.0212 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0212}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0213 Inspection of Property {#sec-01-ncac-43b-.0213 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0213}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0214 State Does Not Guarantee {#sec-01-ncac-43b-.0214 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0214}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0215 Deposits {#sec-01-ncac-43b-.0215 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0215}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0216 Payment {#sec-01-ncac-43b-.0216 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0216}

History

• Status: repealed
• Authority G.S. 143-49
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Repealed Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995.

01 NCAC 43B .0217 Failure to Pay {#sec-01-ncac-43b-.0217 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0217}

History

• Status: repealed
• Authority G.S. 130A-309.14; 143-64.04; 143-63.1(d); 143-49
• Eff. August 1, 1992; November 1, 1988; September 1, 1985; February 1, 1976
• Eff. Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Amended Eff. February 1, 1996; November 1, 1988; July 1, 1987
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0218 Bond {#sec-01-ncac-43b-.0218 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0218}

History

• Status: repealed
• Authority G.S. 130A-309.14; 143-64.04; 143-63.1(d); 143-49
• Eff. August 1, 1992; November 1, 1988; September 1, 1985; February 1, 1976
• Eff. Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Amended Eff. February 1, 1996; November 1, 1988; July 1, 1987
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0219 Demolition of State Buildings {#sec-01-ncac-43b-.0219 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0219}

History

• Status: repealed
• Authority G.S. 130A-309.14; 143-64.04; 143-63.1(d); 143-49
• Eff. August 1, 1992; November 1, 1988; September 1, 1985; February 1, 1976
• Eff. Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Amended Eff. February 1, 1996; November 1, 1988; July 1, 1987
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0220 Timber Sales and Pinestraw Sales {#sec-01-ncac-43b-.0220 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0220}

History

• Status: repealed
• Authority G.S. 130A-309.14; 143-64.04; 143-63.1(d); 143-49
• Eff. August 1, 1992; November 1, 1988; September 1, 1985; February 1, 1976
• Eff. Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Amended Eff. February 1, 1996; November 1, 1988; July 1, 1987
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0221 Surplus Weapons {#sec-01-ncac-43b-.0221 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0221}

History

• Status: repealed
• Authority G.S. 130A-309.14; 143-64.04; 143-63.1(d); 143-49
• Eff. August 1, 1992; November 1, 1988; September 1, 1985; February 1, 1976
• Eff. Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Amended Eff. February 1, 1996; November 1, 1988; July 1, 1987
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0222 Payment {#sec-01-ncac-43b-.0222 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0222}

History

• Status: repealed
• Authority G.S. 130A-309.14; 143-64.04; 143-63.1(d); 143-49
• Eff. August 1, 1992; November 1, 1988; September 1, 1985; February 1, 1976
• Eff. Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Amended Eff. February 1, 1996; November 1, 1988; July 1, 1987
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0223 Surplus Paper {#sec-01-ncac-43b-.0223 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0223}

History

• Status: repealed
• Authority G.S. 130A-309.14; 143-64.04; 143-63.1(d); 143-49
• Eff. August 1, 1992; November 1, 1988; September 1, 1985; February 1, 1976
• Eff. Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Amended Eff. February 1, 1996; November 1, 1988; July 1, 1987
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0224 Recyclable Material {#sec-01-ncac-43b-.0224 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0224}

History

• Status: expired
• Authority G.S. 143-64.02; 143-64.05; S.L. Extra Session 1999-463
• Temporary Adoption Eff. April 26, 2000
• Temporary Adoption Expired on February 9, 2001.

01 NCAC 43B .0301 Request for Bids on Sale of Surplus State Property {#sec-01-ncac-43b-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0301}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0302 Terms and Conditions of Sale of State Surplus Property {#sec-01-ncac-43b-.0302 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0302}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995.

01 NCAC 43B .0303 Notification: Sale of Surplus Property {#sec-01-ncac-43b-.0303 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0303}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. February 1, 1996.

01 NCAC 43B .0304 Notification: Award of Surplus Property {#sec-01-ncac-43b-.0304 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0304}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. November 1, 1988; July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. February 1, 1996.

01 NCAC 43B .0305 Invoice: State Surplus Property {#sec-01-ncac-43b-.0305 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0305}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. June 1, 2007.

01 NCAC 43B .0401 Eligible Institutions {#sec-01-ncac-43b-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0401}

It shall be the responsibility of the state agency for federal surplus property to determine the eligibility of donees under Public Law 94-519 and applicable federal rules and regulations. Application blanks are available from the federal property agency upon request and must be properly completed and returned by the applicant. The individual authorized to obtain property for the donee organization must indicate his name on the application.

History

• Authority G.S. 143-64.1 to 143-64.5
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43B .0402 Utilization of Property {#sec-01-ncac-43b-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0402}

Federal law requires donable surplus property acquired from the United States government be put into utilization within one year after date of transfer, that the utilization conforms with federal regulations pertaining to this type property and that there exists a recognizable initial need for the property. Federal surplus property not put in use within 12 months after date of transfer and used for one year thereafter (except as otherwise indicated in 1 NCAC 5C .0403) may be reclaimed by the federal surplus property agency.

History

• Authority G.S. 143-64.1 to 143-64.5
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43B .0403 Compliance and Utilization {#sec-01-ncac-43b-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0403}

(a) The state agency shall effect utilization reviews for compliance by donees with the terms, conditions, reservations and restrictions imposed by the Federal and state Government for any item of property having a unit acquisition cost of five thousand dollars ($5,000) or more and any passenger motor vehicle.

(b) Compliance reviews shall include a survey of donee compliance with any special handling conditions or use limitations imposed on items of property.

(c) Compliance reviews shall also include a survey of donee compliance with the statutory requirement that items of donated property acquired by the donee be placed into use within one year of acquisition and used for one year thereafter. However, for items with a unit acquisition cost of five thousand dollars ($5,000) or more and passenger motor vehicles, regardless of acquisition cost, except vessels 50 feet or more in length and aircraft with a unit acquisition cost of five thousand dollars ($5,000) or more, the following restrictions shall apply:

(1) Property shall be used only for the purpose(s) for which acquired and for no other purpose(s).

(2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of 18 months, after being placed in use, on all passenger motor vehicles and other items of property with a unit acquisition cost of five thousand dollars ($5,000) or more, except for such items as major equipment on which the state agency may designate a further period of restriction of up to three years and so indicates on the distribution document.

(3) In the event property is not so used or handled as required above, but federal restrictions have expired, title and right to the possession of such property shall, at the option of the state agency, revert to the State of North Carolina and the donee shall release such property to such person as the state agency shall direct.

History

• Authority G.S. 143-64.1 to 143-64.5
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Amended Eff. February 1, 1996
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43B .0404 Lists {#sec-01-ncac-43b-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0404}

History

• Status: repealed
• Authority G.S. 143-64.1 to 143-64.5
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Repealed Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995.

01 NCAC 43B .0405 Determination of Need {#sec-01-ncac-43b-.0405 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0405}

(a) Federal surplus property is available to eligible organizations and is distributed on a fair and equitable basis with a reasonable time being given to allow for acceptance. The foremost and overriding objective of the state agency is to provide fair and equitable distribution of surplus property available to all eligible participants. To accomplish this objective, principal consideration will be given to written request showing relative needs, relative resources, and relative ability to fully utilize available property.

(b) Relative Need. In determining relative needs of eligible entities, the following factors, among others, will be considered:

(1) expression of interest by the eligible donee for specific item of property;

(2) justification of expressed needs defining proposed purposes for use of property;

(3) indication of whether the needs are continuing or temporary;

(4) past performance in prompt pick-up and utilization of property;

(5) record of previous donations of similar or like items to the donee;

(6) extraordinary needs created by disasters such as storms, floods, fires, etc.

(c) Relative Resources. The following factors may be used in evaluating relative resources of participants who have expressed specific needs:

(1) availability of funds--whether tax-appropriated funds, federal or state grants, tuition or charges for service, donations or contributions or other sources;

(2) assessment of financial ability including data pertaining to budget limitations, inability to purchase from other sources, extraordinary economic problems, per capita income of population, assessed property values, economic ranking, and other appropriate data.

(d) Relative Ability to Utilize Property. In determining utilization capability for property needs expressed, the following factors, among others, will be considered:

(1) statement of utilization potential for requested property,

(2) plans for continued or temporary use of property,

(3) capability for repair and maintenance of property.

History

• Authority G.S. 143-64.1 to 143-64.5
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43B .0406 Surplus Real Property {#sec-01-ncac-43b-.0406 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0406}

History

• Status: repealed
• Authority G.S. 143-64.1 to 143-64.5
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Repealed Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995.

01 NCAC 43B .0407 Service Charge {#sec-01-ncac-43b-.0407 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0407}

The state agency for federal surplus property places a service charge commensurate with its costs on all donated federal surplus property.

History

• Authority G.S. 143-64.1 to 143-64.5
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43B .0408 Delivery of Purchases {#sec-01-ncac-43b-.0408 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0408}

History

• Status: expired
• Authority G.S. 143-64.1 to 143-64.5
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 43B .0409 No Cash Transactions {#sec-01-ncac-43b-.0409 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0409}

No cash transactions are handled. All charges must be paid by checks drawn on the recipient agency or institution.

History

• Authority G.S. 143-64.1 to 143-64.5
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43B .0501 Eligibility of Donees (educational Institution) {#sec-01-ncac-43b-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0501}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995.

01 NCAC 43B .0502 Eligibility of Donees (public Health Institution) {#sec-01-ncac-43b-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0502}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995.

01 NCAC 43B .0503 Certifications and Agreements {#sec-01-ncac-43b-.0503 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0503}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995.

01 NCAC 43B .0504 Form Os-484 (7-1-75) {#sec-01-ncac-43b-.0504 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0504}

Form OS-484 (7-1-75) is used in requests to alter terms and conditions under which federal surplus property is donated.

History

• Authority G.S. 143-64.1 through 143-65.5
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43B .0505 Form Hew 142a (4-60) {#sec-01-ncac-43b-.0505 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0505}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995.

01 NCAC 43B .0506 Form Os-142b (3-69) {#sec-01-ncac-43b-.0506 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0506}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995.

01 NCAC 43B .0507 Form Hew-441 (12-64) {#sec-01-ncac-43b-.0507 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0507}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995.

01 NCAC 43B .0508 Agreement and Acknowledgement of Transfer {#sec-01-ncac-43b-.0508 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0508}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. February 1, 1996.

01 NCAC 43B .0509 Agreement and Acknowledgement of Transfer {#sec-01-ncac-43b-.0509 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0509}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Readopted Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Repealed Eff. February 1, 1996.

01 NCAC 43B .0510 Agreement and Acknowledgement of Transfer {#sec-01-ncac-43b-.0510 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0510}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 1, 1976
• Repealed Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995.

01 NCAC 43B .0511 Application for Eligibility: Pc-90 {#sec-01-ncac-43b-.0511 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0511}

PC-90--Application for Eligibility, is a questionnaire form required to be filled out and approved for all eligible donee institutions.

History

• Authority G.S. 143-64.1 through 143-64.5
• Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43B .0512 Nondiscrimination Assurance Pc-159 {#sec-01-ncac-43b-.0512 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0512}

PC-159--Non-Discrimination Assurance is a certification by eligible institutions that compliance with Title VI of The Civil Rights Act of 1964, Section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975 is being conducted.

History

• Authority G.S. 143-64.1 through 143-64.5
• Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43B .0513 Invoice: Federal Surplus Property: Pc-56 {#sec-01-ncac-43b-.0513 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0513}

PC-56--Invoice, Federal Surplus Property, is the donee service and handling charges which have been assessed to the donee.

History

• Authority G.S. 143-64.1 through 143-64.5
• Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Transferred from T01-04G Eff. November 1, 1995
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43B .0514 Document Inventory Report: Pc-Fs-61 {#sec-01-ncac-43b-.0514 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0514}

History

• Status: expired
• Authority G.S. 150B-11
• Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 43B .0515 Emergency Labor Report: Pc-81 {#sec-01-ncac-43b-.0515 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0515}

History

• Status: expired
• Authority G.S. 150B-11
• Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 43B .0516 Certification and Agreements: Pc-Fs-99 {#sec-01-ncac-43b-.0516 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0516}

PC-FS-99--Certification and Agreement, is required for all eligible institutions, certifying that all federal property will be utilized in accordance with the terms and conditions which are printed on the Official Agreement and Acknowledgement of Transfer Document.

History

• Authority G.S. 143-64.1 through 143-64.5
• Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Amended Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 43B .0517 Sasp Monthly Activity Report: Pc-94 {#sec-01-ncac-43b-.0517 omnilex-key=us-nc-regs-official--title-01--01 NCAC 43B .0517}

History

• Status: repealed
• Authority G.S. 150B-11
• Eff. February 27, 1979
• Transferred from T01-05C Eff. November 25, 1986
• Repealed Eff. July 1, 1987
• Transferred from T01-04G Eff. November 1, 1995.

Chapter 44 Office for Historically Underutilized Businesses

Subchapter A

01 NCAC 44A .0101 Scope {#sec-01-ncac-44a-.0101 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0101}

The rules in this Subchapter are used to determine if a business is a historically underutilized business in accordance with G.S. 143-128.4.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Amended Eff. May 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0102 Definitions {#sec-01-ncac-44a-.0102 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0102}

As used in this Subchapter, the following terms have the following definitions:

(1) "HUB" means Historically Underutilized Business.

(2) "HUB Certification" means the determination of a vendor's eligibility as a HUB.

(3) "HUB Office" means the Department of Administration's Office for Historically Underutilized Businesses.

(4) "IRS" means the United States Internal Revenue Service.

(5) "Person" means a natural person, and does not include a corporation or other business entity.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0201 Application {#sec-01-ncac-44a-.0201 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0201}

A business shall complete the following steps to initiate an application for certification:

(1) The business shall complete an application using the Vendor Link NC system http://www.ips.state.nc.us/ips/Vendor/vndrtips.asp;

(2) The business shall complete, sign and attest to the information submitted online in the Vendor Link NC system; and

(3) The application is not complete until an Affidavit for Certification is received by the HUB Office.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0202 Documentation {#sec-01-ncac-44a-.0202 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0202}

(a) HUB staff shall request documentation to establish the ownership, management, and control of daily business operations of the business pursuant to Rule .0301 this Subchapter.

(b) If the documentation provided by the business does not demonstrate ownership, management and control of daily business operations by the business, HUB Office staff shall conduct a site visit.

(c) The HUB Office shall not consider organizational changes made to the business during the eligibility determination process.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0203 Approval {#sec-01-ncac-44a-.0203 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0203}

(a) The HUB Office shall grant HUB Certification if the business meets the definition of minority business found at G.S. 143-128.4(a1) and 143-128.2(g).

(b) The business shall log on to the Vendor Link system at least once during each 12 month period.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0204 Duration of Certification {#sec-01-ncac-44a-.0204 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0204}

Certification remains in effect for four years unless there is a change in the business ownership, management or control of daily business operations that affects the HUB Certification status.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Amended Eff. June 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0205 Changes in Ownership or Management and Control {#sec-01-ncac-44a-.0205 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0205}

HUB vendors shall notify the HUB Office in writing of any changes in the ownership or the management and control of daily business operations of their companies within 30 days of the changes.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0206 Denial {#sec-01-ncac-44a-.0206 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0206}

(a) The HUB Office shall deny HUB Certification if the business does not meet the definition of minority business found at G.S. 143-128.2(g)(1) or 143-128.4

(b) The HUB office shall notify the business in writing when the application is denied.

(c) The business may reapply for HUB Certification no earlier than 12 months from the date of denial.

(d) Vendors who are denied HUB Certification have a right to review pursuant to Section .0600 of this Subchapter.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Amended Eff. May 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0207 Renewal {#sec-01-ncac-44a-.0207 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0207}

(a) To renew HUB certification the HUB shall attest that there have been no changes in the ownership or the management and control of daily business operations of the business entity since the last certification or renewal.

(b) If there has been a change in the ownership or the management and control of daily business operations of the business entity, the HUB shall submit documentation detailing the change(s) within 30 days of the change.

(c) In the on-line Vendor Link system, HUB status is "Inactive" if the vendor fails to update or submit necessary documentation.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0208 Inactivity {#sec-01-ncac-44a-.0208 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0208}

The Vendor Link system automatically removes those vendor profiles that have been inactive for 12 months.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0301 Required Documentation {#sec-01-ncac-44a-.0301 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0301}

The Office for Historically Underutilized Businesses shall request the following documentation based on the business structure of the applicant, to determine that the applicant's ownership, management and control of daily business operations are consistent with the eligibility requirements as provided in G.S. 143.48.4 and 143-128.4:

(1) All Applicants:

(a) Work experience resumes for all owners that include places of ownership/employment with corresponding dates;

(b) Proof of citizenship or Permanent Residence (Birth Certificate, Passport, Voter's Registration Card, Green Card, Military ID, or Driver's License);

(c) Proof of Ethnicity (Passport, Green Card, Birth Certificate);

(d) Copies of Professional Licenses, if required;

(e) Schedule of Salaries paid to all officers, managers, owners, or directors of the firm;

(f) Copies of signed leases for office and storage space;

(g) List of equipment (leased or owned) along with signed lease agreements, titles/proof of ownership of equipment needed to operate the business;

(h) Documented proof of contributions used to acquire ownership for each owner;

(i) Statement prepared and signed by banking institution listing names of all persons who have signature authority for the business account;

(j) Two letters of reference (with contact information, nature and duration of relationship; and

(k) Home state certification for out of state businesses, if applicable;

(2) Corporation or LLC or Franchise:

(a) All documentation requested in Item (1) of this Rule;

(b) Official Articles of Incorporation (signed by State official if incorporated;

(c) Both sides of all Corporate Certificates and Stock if incorporated;

(d) Assumed Name Certificate if applicable;

(e) Transfer ledger;

(f) Shareholders Agreement;

(g) Minutes of first and most recent stockholder and Board of Directors meetings;

(h) Corporate bylaws and any amendments if incorporated;

(i) Articles of Organization (LLC);

(j) Operating Agreement (LLC); and

(k) Franchise Agreement (Franchise); and

(3) Partnership or Joint Venture:

(a) All documentation requested in Item (1) of this Rule;

(b) Partnership Agreement if a partnership;

(c) Joint Venture Agreement if a joint venture.

The HUB Office shall take all necessary steps to safeguard information requested in compliance with State and federal law, including G.S. 14-113.2; 14-113.8(6); 132-1.2; and 132-1.10.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. June 1, 2008
• Amended Eff. June 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0401 Challenge Initiation {#sec-01-ncac-44a-.0401 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0401}

A third party may challenge, by notarized affidavit, the HUB Certification of any business. The challenge shall include reasons or evidence for the challenge.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Amended Eff. May 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0402 Hub Office Investigation {#sec-01-ncac-44a-.0402 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0402}

Once a challenge has been initiated, the HUB Office shall investigate by requesting additional data and conducting an on-site review at the business location.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0403 Determination {#sec-01-ncac-44a-.0403 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0403}

The HUB Office shall notify the challenger and HUB in writing of the outcome of the investigation.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0404 Hub Status During Challenge {#sec-01-ncac-44a-.0404 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0404}

The HUB Certification status shall remain in effect during the challenge process.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Amended Eff. May 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0501 Reasons for Revocation {#sec-01-ncac-44a-.0501 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0501}

The HUB Office shall revoke the HUB Certification for any of the following reason(s):

(1) Firm's owner failed to cooperate with the Program's request for information;

(2) Firm's owner falsified a sworn statement;

(3) Firm no longer meets ownership eligibility standards;

(4) Firm no longer meets control and daily management eligibility standards;

(5) Firm is no longer owned by a qualifying individual;

(6) Decertification requested by firm's owner;

(7) Change in certification standards or requirements that render the firm ineligible;

(8) Initial certification decision was based on erroneous information;

(9) Information or evidence was not available at initial certification;

(10) Information was misrepresented or concealed by firm during initial certification; or

(11) The business is ineligible to contract with the State of North Carolina pursuant to G.S. 143-59.2.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Amended Eff. May 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0502 Notice {#sec-01-ncac-44a-.0502 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0502}

(a) The HUB Office shall notify the business in writing by certified mail of the decision to revoke HUB Certification and shall state the reason(s) for revocation.

(b) The HUB Office shall advise the HUB of its right to a review and give the business 15 business days in which to exercise this right.

(c) If no review is requested, revocation of the HUB's status shall be enforced.

(d) The vendor may reapply for HUB Certification no earlier than 12 months from the date of the revocation notice.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Amended Eff. May 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0601 Review {#sec-01-ncac-44a-.0601 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0601}

To exercise a right of review, a review request shall be made in writing and addressed to the HUB Office Director within 15 business days of the date of the denial or revocation notice.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Amended Eff. May 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0602 Contents {#sec-01-ncac-44a-.0602 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0602}

The review request shall state the specific reason(s) why the denial or revocation was improper based on the HUB eligibility requirements and the documentation submitted.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0603 Criteria {#sec-01-ncac-44a-.0603 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0603}

The HUB Director shall consider and base the decision on the eligibility requirements.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0604 Decision {#sec-01-ncac-44a-.0604 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0604}

The HUB Director shall render a written decision within 45 business days of receipt of the request.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0605 Status Pending Review {#sec-01-ncac-44a-.0605 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0605}

The HUB Certification status remains in effect pending a review.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Amended Eff. May 1, 2009
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

01 NCAC 44A .0606 Appeal {#sec-01-ncac-44a-.0606 omnilex-key=us-nc-regs-official--title-01--01 NCAC 44A .0606}

The business may file a contested case with the Office of Administrative Hearings pursuant to G.S. 150B-23 if it is not satisfied with the decision of the Director.

History

• Authority G.S. 143-48.4; 143-128.4
• Eff. March 1, 2008
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.