NC Register Volume 16 Issue 15 - Office of Administrative Hearings

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RULES REVIEW COMMISSIONThis Section contains the agenda for the next meeting of the Rules Review Commission on Thursday, February 21, 2002,10:00 a.m. at 1307 Glenwood Avenue, Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rulebefore the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners byFriday, February 15, 2002 at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules ReviewCommission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency atleast 24 hours prior to the meeting.RULES REVIEW COMMISSION MEMBERSAppointed by SenateThomas Hilliard, IIIRobert SaundersLaura DevanJim FunderburkeDavid TwiddyAppointed by HousePaul Powell - ChairmanJennie J. Hayman - Vice ChairmanWalter FutchJeffrey P. GrayDr. John TartRULES REVIEW COMMISSION MEETING DATESFebruary 21, 2002 April 18, 2002March 21, 2002 May 16, 2002RULES REVIEW COMMISSIONJanuary 17, 2002MINUTESThe Rules Review Commission met on Thursday morning, January 17, 2002, in the Assembly Room of the Methodist Building, 1307Glenwood Avenue, Raleigh, North Carolina. Commissioners present: Chairman Paul Powell, Jennie Hayman, Jeffrey Gray, LauraDevan, Thomas Hilliard, John Tart, Robert Saunders, David Twiddy and Walter Futch.Staff members present were: Joseph J. DeLuca, Staff Director; Bobby Bryan, Rules Review Specialist; and Lisa Johnson.The following people attended:Tom MillerPam MillwardDonna MoffittKathy VinsonSheryl KellyBill CrowellDavid HanceElizabeth KountisSteve UnderwoodJuanita GaskillWayne MobleyScott PerryCindy KornegayGeorge HurstMark BentonJulia LohmanTed SaulsMichelle DuvalIris PayneRoberta OuelletteMell NevilsRobin SmithRyke LongestSarah MeachamAttorney General's Office/NC Real Estate CommissionAttorney General's Office/NC Real Estate CommissionDENR/DCMDENR/DCMDENR/DCMDENR/DCMDENR/DWQDENR/DWQDENR/DWQDENR/DMFDENR/DEHCriminal Justice StandardsDHHS/DMH/DD/SASDepartment of JusticeDHHS/DFSSheriffs' Education & Training StandardsSheriffs' Education & Training StandardsEnvironmental DefenseDivision of Community AssistanceAttorney General's Office/NC Appraisal BoardDENR/DLRDENRAttorney General's OfficeAttorney General's Office16:15 NORTH CAROLINA REGISTER February 1, 20021743
Lisa MartinLinda RaynorDedra AlstonAmy YonowitzGrady McCallieKris HortonDenise StanfordPricey HarrisonRULES REVIEW COMMISSIONNC Home Builders AssociationDENR/DEH/PWSDENRDepartment of JusticeNC Conservation NetworkDepartment of Social ServicesPharmacy BoardCoastal Resources CommissionAPPROVAL OF MINUTESThe meeting was called to order at 10:02 a.m. with Chairman Powell presiding. Chairman Powell asked for any discussion,comments, or corrections concerning the minutes of the December 20, 2001, meeting. The minutes were approved as written.FOLLOW-UP MATTERS07 NCAC 4S .0104: NC Department of Cultural Resources – No action was taken.10 NCAC 14J .0201; .0204; .0205; .0207: DHHS/Commission for MH/DD/SAS – The agency requested, and rule opponents agreedwith the requests, that no action be taken on these rules at this time. The Rules Review Commission agreed to carry these rules overto next month.10 NCAC 14P .0102: DHHS/Commission for MH/DD/SAS – The agency requested, and rule opponents agreed with the requests,that no action be taken on these rules at this time. The Rules Review Commission agreed to carry these rules over to next month.10 NCAC 14Q .0303: DHHS/Commission for MH/DD/SAS – The agency requested, and rule opponents agreed with the requests,that no action be taken on these rules at this time. The Rules Review Commission agreed to carry these rules over to next month.10 NCAC 14R .0101; .0105: DHHS/Commission for MH/DD/SAS – The agency requested, and rule opponents agreed with therequests, that no action be taken on these rules at this time. The Rules Review Commission agreed to carry these rules over to nextmonth.10 NCAC 14V .0208; .0304; .0801; .0802; .0803; .6002: DHHS/Commission for MH/DD/SAS – The agency requested, and ruleopponents agreed with the requests, that no action be taken on these rules at this time. The Rules Review Commission agreed to carrythese rules over to next month.15A NCAC 6E .0103: DENR/Soil & Water Conservation Commission – No action was taken.21 NCAC 64 .0211: NC Examiners for Speech and Language Pathologists & Audiologists – The Commission approved the rewrittenrule submitted by the agency. Proper formatting of the rule is still needed.LOG OF FILINGSChairman Powell presided over the review of the log and all rules were approved with the following exceptions:4 NCAC 19L .0403; .0407; .0501; .0502; .1002: Division of Community Assistance - These rules were approved conditioned uponreceiving technical changes by the end of the day. The technical changes were subsequently received.4 NCAC 19L .0802: Division of Community Assistance – the commission objected to this rule due to ambiguity in (2), it is not clearwhat is meant by "unique and unusual circumstance that does not occur frequently in a number of communities in the state." thisobjection applies to existing language in the rule.4 NCAC 19L .0901: Division of Community Assistance – The Commission objected to this rule due to lack of statutory authority andambiguity. In (a), it is not clear what is meant by guidelines. There is no authority to require compliance with guidelines not adoptedas rules. This objection applies to existing language in the rule.4 NCAC 19L .0912: Division of Community Assistance – The Commission objected to this rule due to ambiguity. In (b)(6), it is notclear under what circumstances the Division will need to extend the retention period. This objection applies to existing language inthe rule.4 NCAC 19L .2001: Division of Community Assistance – The Commission objected to this rule due to ambiguity. It is not clear whatwould constitute "serious environmental or health problems".12 NCAC 10B .0301; .0304; .0305; .0307; .0401; .0406; .0408; .0409; .0505; .0601; .0603; .0606; .0705; .0706; .0707; .0708; .0710;.0711; .0712; .0905; .0907; .0908; .0909; .0915; .0917; .1004; .1005; .1204; .1205; .1307; .1404; .1405; .1604; .1605; .2104: NCSheriffs' Education & Training Standards – The Commission extended the period of review at the agency's request so that theirattorney could be present at the meeting to defend the rules.15A NCAC 2C .0107: DENR/Environmental Management Commission - This rule was approved conditioned upon receivingtechnical changes by the end of the day. The technical change was subsequently received.15A NCAC 4B .0126: DENR/Sedimentation Control Commission - This rule was approved conditioned upon receiving a technicalchange by the end of the day. The technical change was subsequently received.15A NCAC 7B: DENR Coastal Resources Commission - The Chairman displaced these rules to the end of the meeting16:15 NORTH CAROLINA REGISTER February 1, 20021744
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NORTH CAROLINAIN THIS ISSUEI. EXECU
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NORTH CAROLINA REGISTERPublication
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EXECUTIVE ORDERSEXECUTIVE ORDER NO.
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(l) Six members from non-profit age
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IN ADDITIONThis Section contains pu
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IN ADDITIONU.S. Department of Justi
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IN ADDITIONU.S. Department of Justi
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IN ADDITIONPUBLIC HEARING NOTICETIT
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RULE-MAKING PROCEEDINGSA Notice of
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PROPOSED RULESfor public hearing ma
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(2) the characteristics which make
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shall be allowed shall be non-domes
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Person CountyPitt CountyVance Count
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PROPOSED RULESCreek and all tributa
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esult in the termination of the int
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Authority G.S. 88B-4; 88B-21(e).21
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(D)(E)experience shall be considere
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(4) Examination. The examination fe
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competence in the subject matter, a
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(3) The licensee's written signatur
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adio signals of the Department of D
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TEMPORARY RULESThis Section include
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(3) provide documentation of all as
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(i) pediatric patient which equals
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Eff. November 1, 1990;Temporary Ame
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quarter of the third year of operat
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(2) document the assumptions and pr
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accepted medical practice at each f
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TEMPORARY RULES8 (Gaston) June 1, 2
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Page 61 and 62: TEMPORARY RULESCleveland Yadkin War
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Page 69 and 70: TEMPORARY RULESGaston 1Wake 1(b) Fi
Page 71 and 72: TEMPORARY RULESthere is no need for
Page 73 and 74: TEMPORARY RULEScounty's June 30, 20
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Page 77 and 78: TEMPORARY RULESVance 1Watauga 1Wilk
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Page 81 and 82: (C)(D)nursing care was not known to
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Page 85 and 86: Comment Procedures: Written comment
Page 87 and 88: entitled to receive such informatio
Page 89 and 90: (A) during open seasons prescribed
Page 91 and 92: TEMPORARY RULESTemporary Adoption E
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Page 95 and 96: History Note: Authority G.S. 78C-16
Page 97 and 98: (B)(C)TEMPORARY RULES(i.e., purchas
Page 99 and 100: administrator by its examiners orot
Page 101 and 102: (1) Uniform Termination Notice for
Page 103 and 104: electronically (if it has not previ
Page 105 and 106: Authority for the rulemaking: G.S.
Page 107 and 108: mobile/modular homes not to exceed
Page 109: Temporary Amendment Eff. October 1,
Page 113 and 114: RULES REVIEW COMMISSION21 NCAC 58C
Page 115 and 116: RULES REVIEW COMMISSIONAccrued Paym
Page 117 and 118: RULES REVIEW COMMISSIONCertificatio
Page 119 and 120: CONTESTED CASE DECISIONSThis Sectio
Page 121 and 122: CONTESTED CASE DECISIONSLuther I Go
Page 123 and 124: CONTESTED CASE DECISIONSPandora M.
Page 125 and 126: CONTESTED CASE DECISIONSFordion Pac
Page 127 and 128: CONTESTED CASE DECISIONSTown of Mur
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NC Register Volume 16 Issue 15 - Office of Administrative Hearings

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