NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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PROPOSED RULES(e)system, extension of the nitrificationsystem or other repairs shall becompleted pursuant to a repairAuthorization to Construct that isissued by the local health departmentin accordance with this Section.The Performance Warranty shall beattached to the Operation Permitissued by the Health Department forthe wastewater system. ThePerformance Warranty remains ineffect, notwithstanding change inownership, to the end of the five-yearwarranty period.(10)(11) Manufacturers of proprietary systemsapproved under this Rule shall provide a list ofmanufacturer's authorized installers to theDepartment and applicable local healthdepartments, and update this list wheneverthere are additions or deletions. No OperationPermit shall be issued for a proprietary systeminstalled by a person not authorized by theManufacturer, unless the Manufacturer of theproprietary system specifically approves theinstallation in writing.(12) The local health department shall include in itsmonthly activity report submitted to the Statethe number of new system Operation Permitsissued for E & I and accepted systems.Additionally, the number of Operation Permitsissued for repairs of E & I and acceptedsystems, and repair system type shall bereported to the State as part of the monthlyactivity report. The State shall accumulate andstore this installation data for future referenceand surveys, including site locations.Authority G.S. 130A-335(e),(f); 130A-343.TITLE 21 – OCCUPATIONAL LICENSING BOARDSCHAPTER 14 – BOARD OF COSMETICART EXAMINERSNotice is hereby given in accordance with G.S. 150B-21.2 thatthe North Carolina State Board of Cosmetic Art Examinersintends to amend the rule cited as 21 NCAC 14A .0101.Proposed Effective Date: January 1, 2005Public Hearing:Date: October 4, 2004Time: 10:00 a.m.Location: North Carolina State Board of Cosmetic Art, 1201-110 Front St., Raleigh, NCReason for Proposed Action: Rule updates for Departmentalrules.Procedure by which a person can object to the agency on aproposed rule: If you have any objection(s) to the proposedrule, please forward a typed or handwritten letter indicatingyour specific reason(s) for your objection(s) to Souk Rios, NCBoard of Cosmetic Art Examiners, 1201 Front St., Suite 110,Raleigh, NC 27609.Written comments may be submitted to: Souk Rios, NCBoard of Cosmetic Art Examiners, 1201 Front St., Suite 110,Raleigh, NC 27609, (919) 733-4117, ext. 222, fax (919) 733-4127, and email srios@intrex.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)NoneSUBCHAPTER 14A – DEPARTMENTAL RULESSECTION .0100 – ORGANIZATION RULES21 NCAC 14A .0101 DEFINITIONSThe following definitions apply in this Chapter:(1) "Beauty Establishment" refers to bothcosmetic art schools and cosmetic art shops.(2) "Cosmetology School" is any cosmetic artschool that teaches cosmetic art as defined by,G.S. 88B-2(5), but is not a manicurist or anesthetics school.(3) "Cosmetology Student" is a student in anycosmetic art school whose study is the fullcurriculum.(4) "Manicurist School" is a cosmetic art schoolthat teaches only the cosmetic arts ofmanicuring.(5) "Manicurist Student" is a student in anycosmetic art school whose study is limited tothe manicurist curriculum set forth in 21NCAC 14K .0102.19:06 NORTH CAROLINA REGISTER September 15, 2004616
PROPOSED RULES(6) "Successful Completion" is the completion ofan approved cosmetic art curriculum with aminimum grade of "C" or 70%, whichever isdeemed as passing by the cosmetic art school.(7) "Esthetician School" is any cosmetic art schoolthat teaches only the cosmetic arts of skin care.(8) "Esthetician Student" is a student in anycosmetic art school whose study is limited tothe esthetician curriculum set forth in 21NCAC 14O. 0102.(9) "Esthetics" refers to any of the followingpractices: giving facials, applying makeup,performing skin care, removing superfluoushair from the body of any person by the use ofdepilatories, tweezers or waxing, or applyingeyelashes to any person (this is to includebrow and lash color), beautifying the face,neck, arms or upper part of the human body,by use of cosmetic preparations, antiseptics,tonic, lotions or creams, massaging, surfacemassaging (skin care only), cleaning, orstimulating the face, neck, ears, arms, hands,bust, torso, legs or feet, by means of the hands,devices, apparatus, or appliances, with the useof cosmetic preparations, antiseptics, tonics,lotions or creams.(10) "Natural hair braiding" is a service that resultsintension on hair strands or roots by twisting,wrapping, weaving, extending, locking, orbraiding by hand or mechanical device,provided that the service does not include haircutting or the application of dyes, reactivechemicals, or other preparations to alter thecolor of the hair or to straighten, curl, or alterthe structure of the hair.(11) "Natural hair styling" is the provision ofnatural hair braiding services together with anyof the services or procedures defined withinthe regulated practice of cosmetic art, and issubject to regulation pursuant to G.S. 88B, andthose persons practicing natural hair stylingshall obtain and maintain a cosmetologistlicense as applicable to the services offered orperformed. Establishments offering naturalhair styling services shall be licensed ascosmetic art shops.(12) "Licensing cycle" for cosmetologists, is thethree-year period beginning on the first day ofOctober 2004 and ending on the 30th day ofSeptember 2007, and continuing thereafter inthree year intervals. For estheticians andmanicurists the licensing cycle is one year inlength beginning on the first day of Octoberand ending on the 30th day of September. Forteachers, the licensing cycle is the two-yearperiod beginning on the first day of October ofan even-numbered year and ending on the 30thday of September of an even-numbered year.(13) "Provider" is a nonprofit professional cosmeticart association, community college, highschool, vocational school, postsecondaryproprietary school of cosmetic art licensed bythe Board, manufacturer of supplies orequipment used in the practice of cosmetic art,the State Board or an agent of the State Board,or any individual or entity that owns andoperates five or more licensed salons or thatemploys at least 50 licensees.Authority G.S. 88B-2; 88B-4.* * * * * * * * * * * * * * * * * * * *CHAPTER 20 – BOARD OF REGISTRATION FORFORESTORSNotice is hereby given in accordance with G.S. 150B-21.2 thatthe N.C. Board of Registration for Foresters intends to amendthe rule cited as 21 NCAC 20 .0106.Proposed Effective Date: January 1, 2005Public Hearing:Date: September 30, 2004Time: 1:00 p.m. to 3:00 p.m.Location: N.C. Forest Service Region 2, 3490 Big Woods Road,Chapel Hill, NCReason for Proposed Action: To increase registration fee andannual renewal fee to provide additional revenue to Board ofRegistration for Foresters to balance annual revenues withexpenditures. Fee increases are within amounts authorized inG.S. 89B-10 and G.S. 89B-11.Procedure by which a person can object to the agency on aproposed rule: Objections to the rule change and reasons forobjections can be made in writing to the following address: StateBoard of Registration for Foresters, P.O. Box 27393, Raleigh,NC 27611, Attn: Sara Koch.Written comments may be submitted to: Sara Koch, StateBoard of Registration for Foresters, P.O. Box 27393, Raleigh,NC 27611, Fax (919)847-5441, email NCBRF@aol.com.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 receive19:06 NORTH CAROLINA REGISTER September 15, 2004617
Page 1 and 2: NORTH CAROLINAREGISTERIN THIS ISSUE
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Page 17 and 18: PROPOSED RULESAuthority G.S. 17E-4;
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Page 45 and 46: PROPOSED RULESAuthority G.S. 126-4.
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Page 59 and 60: RULES REVIEW COMMISSIONThis Section
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Page 65 and 66: RULES REVIEW COMMISSIONAmend/*Equip
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Page 73 and 74: CONTESTED CASE DECISIONSThis Sectio
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