NC Register Volume 19 Issue 06 - Office of Administrative Hearings

RULES REVIEW COMMISSION12 NCAC 07D .0909: NC Private Protective Services Board – The Commission objected to the rule due to lack of statutory authorityand ambiguity. The formatting of (3)(f) makes it impossible to tell exactly what is required or allowed. Is the student performancerequirement part of the principles of instruction requirement or in addition to it? Is possessing a certificate from the Criminal JusticeEducation and Training Standards Commission an alternative to the student performance requirement, the principles of instructionrequirement or everything in (3) etc.? It cannot be told by reading the rule. In addition, it is not clear what standards the director willuse in approving other training certification. There is also no authority cited for the Board to require additional training without anykind of standards being in the rules. In (4), it is not clear who the licensee who must give a favorable recommendation is. It wouldappear to be anyone licensed by this Board, but that is not clear.12 NCAC 07D .0910: NC Private Protective Services Board – The Commission objected to the rule due to ambiguity. In (2), it is notclear what other certification is acceptable.15A NCAC 18D .0102: NC Water Treatment Facility Operators Certification Board – The Commission objected to the rule due tolack of necessity. This rules serves no purpose and is thus unnecessary. It merely says the statute creating the Board applies. Theobjection applies to existing language in the rule.15A NCAC 18D .0105: NC Water Treatment Facility Operators Certification Board – This rule was withdrawn at the agency’srequest.15A NCAC 18D .0201: NC Water Treatment Facility Operators Certification Board – The Commission objected to the rule due toambiguity. Throughout this rule, there are references to schools and training “approved by the Board” but there do not appear to beany standards in the rules for the approval of schools or training. It is not clear what the approval standards are.21 NCAC 14H .0107: Board of Cosmetic Art Examiners – The Commission objected to the rule due to ambiguity. It is not clear whatconstitutes an “adequate” supply of hot and cold water. It is also not clear who or what it must be “convenient” to. The objectionapplies to existing language in the rule.COMMISSION PROCEDURES AND OTHER BUSINESSMr. DeLuca updated Commission members on lawsuits.Mr. DeLuca also announced that the General Assembly transferred the Rules Review Commission to the Office of AdministrativeHearings as of October 1, 2004.The meeting adjourned at 12:03 p.m.The next meeting of the Commission is Thursday, August 19, 2004, at 10:00 a.m.Respectfully submitted,Lisa JohnsonCommission Review/Permanent RulesLog of FilingsJuly 23, 2004 through August 24, 2004DOMESTIC VIOLENCE COMMISSIONPurposeAdopt/*AuthorityAdopt/*Procedure for Abuser Treatment Program ApprovalAdopt/*Intake and AssessmentAdopt/*01 NCAC 17 .070101 NCAC 17 .070201 NCAC 17 .070301 NCAC 17 .070419:06 NORTH CAROLINA REGISTER September 15, 2004642