IN ADDITIONSTATE BOARD OF ELECTIONS6400 Mail Service Center—Raleigh, North Carolina 27699-6400GARY O. BARTLETTMailing Address:Executive Director P.O. Box 2169Raleigh, <strong>NC</strong> 27602(910) 733-7173FAX (9<strong>19</strong>) 715-0135August 13, 2004Easter Outdoor, Inc.P.O. Box 2267Smithfield, <strong>NC</strong> 27577RE: S.L. 2004-125 (H 737) and Billboard AdvertisingDear Mr. Moore:Your letter <strong>of</strong> August 11, 2004 requests an advisory opinion pursuant to G.S. 163-278.23 regarding any restrictions placed on aSection 527 organization for billboard or outdoor advertising as it relates to the provisions <strong>of</strong> S.L. 2004-125 (H 737).S.L., 2004-125 does not include billboard or other outdoor advertising in the definitions <strong>of</strong> "electioneering communications" containedin Articles 22E or 22F <strong>of</strong> the General Statutes <strong>of</strong> North Carolina. Therefore any restrictions or disclosure requirements placed upon"electioneering communications" under these Articles, would not apply to billboards or other outdoor advertising.Sincerely,Gary O. BartlettExecutive DirectorAttachments: Your letter <strong>of</strong> August 11, 2004<strong>19</strong>:<strong>06</strong> NORTH CAROLINA REGISTER September 15, 2004592
PROPOSED RULESNote from the Codifier: The notices published in this Section <strong>of</strong> the <strong>NC</strong> <strong>Register</strong> include the text <strong>of</strong> proposed rules. The agencymust accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or alater date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior publishednotice, the agency must publish the text <strong>of</strong> the proposed different rule and accept comment on the proposed different rule for 60days.Statutory reference: G.S. 150B-21.2.TITLE 12 – DEPARTMENT OF JUSTICENotice is hereby given in accordance with G.S. 150B-21.2 thatthe North Carolina Sheriffs' Education and Training StandardsCommission intends to amend the rules cited as 12 <strong>NC</strong>AC 10B.0204, .0301, .0405-.04<strong>06</strong>, .0505, .0703-.0704, .0709, .0713,.0802, .0903-.0905, .0911, .0913-.0915, .09<strong>19</strong>.Proposed Effective Date: January 1, 2005Public Hearing:Date: September 30, 2004Time: 9:30 a.m.Location: 114 W. Edenton St., Room G01, Raleigh, <strong>NC</strong>Reason for Proposed Action:12 <strong>NC</strong>AC 10B .0204 – Proposal to add therequirement/discretion to deny or revoke certification <strong>of</strong> anindividual who has had certification denied or revoked by asimilar North Carolina, out-<strong>of</strong>-state or federal approving,certifying or licensing agency.12 <strong>NC</strong>AC 10B .0301 – Technical change to amend a case citedin the definition <strong>of</strong> good moral character.12 <strong>NC</strong>AC 10B .0405 – Proposed amendment to languageregarding the hiring agency's obligation to notify to the <strong>of</strong>ficerthat he/she is being separated to be consistent with Divisionpractice (i.e., that notice can be in the form <strong>of</strong> a letter ratherthan the signature <strong>of</strong> the <strong>of</strong>ficer on the form itself).12 <strong>NC</strong>AC 10B .04<strong>06</strong> – Proposed amendment to allow forreinstatement <strong>of</strong> certification with the same agency providedupdated background materials are received and if the individualhas not exceeded a 6-month break in-service.12 <strong>NC</strong>AC 10B .0505 - Proposed amendment to the challengeoption to parallel the provisions in place for initial BLETenrollees. Specifically, under the current rule, an individual canfail more than 2 unit examinations, and still be allowed toremediate in the corresponding blocks <strong>of</strong> instruction. Newenrollees that fail more than 2 units at the end <strong>of</strong> BLET, mustre-enroll in the entire course.12 <strong>NC</strong>AC 10B .0703 - Technical amendment to change the word"certified" to "designated" to be consistent with past rulechange. Additionally, proposed amendment toinstructor-student ratio in the Physical Fitness block <strong>of</strong>instruction.12 <strong>NC</strong>AC 10B .0704 and .0709 - Deletion <strong>of</strong> retention <strong>of</strong>records as it is redundant with the Department <strong>of</strong> CommunityCollege's retention schedule.12 <strong>NC</strong>AC 10B .0713 - Proposed amendment to make ruleconsistent with state law.12 <strong>NC</strong>AC 10B .0802 - Proposed amendment to accreditationprocess to require the submission <strong>of</strong> documents upon end <strong>of</strong>course delivery, rather than requiring Division to annually auditthose records, and instead making accredited sites subject tounannounced inspections.12 <strong>NC</strong>AC 10B .0903 and .0913 - Proposed amendment to deleteDirector's authority to grant a waiver <strong>of</strong> instructorrequirements, so that such waiver requests are within the solediscretion <strong>of</strong> the Commission.12 <strong>NC</strong>AC 10B .0904, .0911, .0914, and .09<strong>19</strong> - Proposedamendment to allow for the denial/revocation <strong>of</strong> instructorcertification if individual justice <strong>of</strong>ficer or other certification isdenied/revoked for cause.12 <strong>NC</strong>AC 10B .0905, .0915 - Proposed amendment to furthersimplify instructor renewal process as automation <strong>of</strong> databasesnow allows Division staff to verify status <strong>of</strong> general InstructorCertification issued through the Criminal Justice Commission.Procedure by which a person can object to the agency on aproposed rule: Objections shall be submitted in writingexplaining the reasons for objection and specifying the portion<strong>of</strong> the rule to which the objection is being made. Such objectionsshould be sent to Julia Lohman, Sheriffs' Standards Division, <strong>NC</strong>Department <strong>of</strong> Justice, PO Box 629, Raleigh, <strong>NC</strong> 27602.Written comments may be submitted to: Julia Lohman,Sheriffs' Standards Division, <strong>NC</strong> Department <strong>of</strong> Justice, PO Box629, Raleigh, <strong>NC</strong> 27602, phone (9<strong>19</strong>) 716-6460, fax (9<strong>19</strong>) 716-6753, and email jlohman@ncdoj.com.Comment period ends: November 15, 2004Procedure for Subjecting a Proposed Rule to LegislativeReview: If an objection is not resolved prior to the adoption <strong>of</strong>the rule, a person may also submit written objections to theRules Review Commission. If the Rules Review Commissionreceives written and signed objections in accordance with G.S.150B-21.3(b2) from 10 or more persons clearly requestingreview by the legislature and the Rules Review Commissionapproves the rule, the rule will become effective as provided inG.S. 150B-21.3(b1). The Commission will receive writtenobjections until 5:00 p.m. on the day following the day theCommission approves the rule. The Commission will receivethose objections by mail, delivery service, hand delivery, orfacsimile transmission. If you have any further questionsconcerning the submission <strong>of</strong> objections to the Commission,please call a Commission staff attorney at 9<strong>19</strong>-733-2721.Fiscal ImpactState 12 <strong>NC</strong>AC 10B .0703<strong>19</strong>:<strong>06</strong> NORTH CAROLINA REGISTER September 15, 2004593
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