NC Register Volume 16 Issue 15 - Office of Administrative Hearings
NC Register Volume 16 Issue 15 - Office of Administrative Hearings
NC Register Volume 16 Issue 15 - Office of Administrative Hearings
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Lisa MartinLinda RaynorDedra AlstonAmy YonowitzGrady McCallieKris HortonDenise StanfordPricey HarrisonRULES REVIEW COMMISSION<strong>NC</strong> Home Builders AssociationDENR/DEH/PWSDENRDepartment <strong>of</strong> Justice<strong>NC</strong> Conservation NetworkDepartment <strong>of</strong> 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 <strong>of</strong> the December 20, 2001, meeting. The minutes were approved as written.FOLLOW-UP MATTERS07 <strong>NC</strong>AC 4S .0104: <strong>NC</strong> Department <strong>of</strong> Cultural Resources – No action was taken.10 <strong>NC</strong>AC 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 <strong>NC</strong>AC 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 <strong>NC</strong>AC 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 <strong>NC</strong>AC 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 <strong>NC</strong>AC 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.<strong>15</strong>A <strong>NC</strong>AC 6E .0103: DENR/Soil & Water Conservation Commission – No action was taken.21 <strong>NC</strong>AC 64 .0211: <strong>NC</strong> Examiners for Speech and Language Pathologists & Audiologists – The Commission approved the rewrittenrule submitted by the agency. Proper formatting <strong>of</strong> the rule is still needed.LOG OF FILINGSChairman Powell presided over the review <strong>of</strong> the log and all rules were approved with the following exceptions:4 <strong>NC</strong>AC 19L .0403; .0407; .0501; .0502; .1002: Division <strong>of</strong> Community Assistance - These rules were approved conditioned uponreceiving technical changes by the end <strong>of</strong> the day. The technical changes were subsequently received.4 <strong>NC</strong>AC 19L .0802: Division <strong>of</strong> 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 <strong>of</strong> communities in the state." thisobjection applies to existing language in the rule.4 <strong>NC</strong>AC 19L .0901: Division <strong>of</strong> Community Assistance – The Commission objected to this rule due to lack <strong>of</strong> 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 <strong>NC</strong>AC 19L .0912: Division <strong>of</strong> 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 <strong>NC</strong>AC 19L .2001: Division <strong>of</strong> Community Assistance – The Commission objected to this rule due to ambiguity. It is not clear whatwould constitute "serious environmental or health problems".12 <strong>NC</strong>AC 10B .0301; .0304; .0305; .0307; .0401; .0406; .0408; .0409; .0505; .0601; .0603; .0606; .0705; .0706; .0707; .0708; .0710;.0711; .0712; .0905; .0907; .0908; .0909; .09<strong>15</strong>; .0917; .1004; .1005; .1204; .1205; .1307; .1404; .1405; .<strong>16</strong>04; .<strong>16</strong>05; .2104: <strong>NC</strong>Sheriffs' Education & Training Standards – The Commission extended the period <strong>of</strong> review at the agency's request so that theirattorney could be present at the meeting to defend the rules.<strong>15</strong>A <strong>NC</strong>AC 2C .0107: DENR/Environmental Management Commission - This rule was approved conditioned upon receivingtechnical changes by the end <strong>of</strong> the day. The technical change was subsequently received.<strong>15</strong>A <strong>NC</strong>AC 4B .0126: DENR/Sedimentation Control Commission - This rule was approved conditioned upon receiving a technicalchange by the end <strong>of</strong> the day. The technical change was subsequently received.<strong>15</strong>A <strong>NC</strong>AC 7B: DENR Coastal Resources Commission - The Chairman displaced these rules to the end <strong>of</strong> the meeting<strong>16</strong>:<strong>15</strong> NORTH CAROLINA REGISTER February 1, 20021744
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