NC Register Volume 19 Issue 06 - Office of Administrative Hearings

PROPOSED RULESany provision or requirement of these Rules, the Commissionmay take action to correct the violation and to ensure that theviolation does not recur, including:(1) issuing an oral warning and request forcompliance;(2) issuing a written warning and request forcompliance;(3) issuing an official written reprimand;(4) suspending the individual's certification for aspecified period of time or until acceptablecorrective action is taken by the individual; or(5) revoking the individual's certification.(c) The Commission may deny, suspend, or revoke aninstructor's certification when the Commission finds that theperson:(1) has failed to meet and maintain any of therequirements for qualification; or(2) has failed to remain currently knowledgeablein the person's areas of expertise by failing toattend and successfully complete anyinstructor training updates pursuant to 12NCAC 10B .0913(d); or(3) has failed to deliver training in a mannerconsistent with the instructor lesson plans; or(4) has failed to follow specific guidelinesoutlined in the "TelecommunicatorCertification Course Management Guide"which shall be used and shall automaticallyinclude any later amendments and editions ofthe referenced materials. This publication isauthored by and may be obtained from theNorth Carolina Justice Academy, Post OfficeDrawer 99, Salemburg, North Carolina 28385at no cost at the time of adoption of this Rule;or(5) has demonstrated unprofessional personalconduct in the delivery of commissionmandatedtraining; or(6) has otherwise demonstrated instructionalincompetence; or(7) has knowingly and willfully obtained, orattempted to obtain instructor certification bydeceit, fraud, or misrepresentation.misrepresentation; or(8) has had any type of certification issued fromthis Commission, from the North CarolinaCriminal Justice Education and TrainingStandards Commission, or from anycommission, agency, or board established tocertify pursuant to said commission, agency orboards' standards, which was revoked,suspended or denied for cause.Authority G.S. 17E-4.TITLE 15A – DEPARTMENT OF ENVIRONMENT ANDNATURAL RESOURCESNotice is hereby given in accordance with G.S. 150B-21.2 thatthe Commission for Health Services intends to amend the rulecited as 15A NCAC 18A .1969.Proposed Effective Date: January 1, 2005Public Hearing:Date: October 6, 2004Time: 10:00 a.m.Location: Room 1A244, Parker-Lincoln Building, 2728 CapitalBlvd, Raleigh, NCReason for Proposed Action: This Rule amendment providesclarifying procedures for the approval and permitting of"Accepted" wastewater systems that are a new categoryestablished by Session Law 2001-505.Procedure by which a person can object to the agency on aproposed rule: Written objections concerning these Rulechanges may be submitted to Steve Steinbeck, 1642 Mail ServiceCenter, Raleigh, NC 27699-1642, 919-715-3273, fax 919-715-3227, and email steve.steinbeck@ncmail.net.Written comments may be submitted to: Steve Steinbeck,1642 Mail Service Center, Raleigh, NC 27699-1642, 919-715-3273, fax 919-715-3227, and email steve.steinbeck@ncmail.net.Comment period ends: November 15, 2004Procedure for Subjecting a Proposed Rule to LegislativeReview: If an objection is not resolved prior to the adoption ofthe 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 of objections to the Commission,please call a Commission staff attorney at 919-733-2721.Fiscal ImpactStateLocalSubstantive (>$3,000,000)NoneCHAPTER 18 – ENVIRONMENTAL HEALTHSUBCHAPTER 18A – SANITATIONSECTION .1900 - SEWAGE TREATMENT ANDDISPOSAL SYSTEMS15A NCAC 18A .1969APPROVAL AND PERMITTING19:06 NORTH CAROLINA REGISTER September 15, 2004608