NC Register Volume 16 Issue 15 - Office of Administrative Hearings

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PROPOSED RULESThis Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice ofRule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication date,or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days for arule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory reference: G.S. 150B-21.2.TITLE 11 – DEPARTMENT OF INSURANCENotice is hereby given in accordance with G.S. 150B-21.2 thatthe NC Department of Insurance intends to adopt the rules citedas 11 NCAC 10 .1113-.1114, .1209, amend the rule cited as 11NCAC 10 .1206, and repeal the rule cited as 11 NCAC 10 .1203.Notice of Rule-making Proceedings was published in theRegister on December 3, 2001.Proposed Effective Date: July 1, 2002(www.ncdoi.com), by writing the N.C. Department of Insurance,Property & Casualty Division, 430 N. Salisbury St., P.O. Box26387, Raleigh, NC 27611, or by calling the Division at (919)733-3368.Authority G.S. 58-2-40; 58-40-30; 58-41-50.SECTION .1200 – FORMS FILINGS11 NCAC 10 .1203 LETTER OF TRANSMITTALPublic Hearing:Date: February 22, 2002Time: 10:00 a.m.Location: 3 rd Floor Hearing Room, Dobbs Building, Raleigh,NCReason for Proposed Action: These are needed in order to beNAIC compliant.Comment Procedures: Written comments may be sent toCharles Swindell, NC Department of Insurance, Property &Casualty Division, PO Box 26387, Raleigh, NC 27611. Writtenstatements will be received through March 4, 2002.Fiscal ImpactStateLocalSubstantive (>$5,000,000)NoneCHAPTER 10 – PROPERTY AND CASUALTY DIVISIONSECTION .1100 – RATE FILINGS11 NCAC 10 .1113 REFERENCE FILINGSWith the exception of flood insurance written in accordance withFederal Emergency Management Agency requirements, or withthe requirements of any successor agency, rate filings, includingloss costs multipliers, by reference are not permitted. Adoptionof rates and loss costs that have been promulgated by a licensedbureau, licensed rating organization, licensed advisoryorganization, licensed joint underwriting association, or licensedreinsurance organization, of which the insurer is a member,subscriber, or service purchaser, are not deemed to be referencefilings.Authority: G.S. 58-2-40; 58-36-15; 58-36-65; 58-36-70;58-36-100; 58-40-30; 58-41-50.11 NCAC 10 .1114 TRANSMITTAL HEADERAll rate filings shall be accompanied by a transmittal header,which is available at the Department's Internet web site16:15 NORTH CAROLINA REGISTER February 1, 20021651Authority G.S. 58-9; 58-54; 58-124.17; 58-124.28; 58-131.34;58-131.60; 58-148; 58-157; 58-180.2; 58-248.2; 58-248.40.11 NCAC 10 .1206 COMMERCIAL LINESAll licensed insurance companies or any other licensed entityfiling forms for coverages governed by G.S. 58, Articles 40 and41 shall:(1) complete a transmittal header as prescribed in11 NCAC 10 .1209;(2) complete the Questionnaire as prescribed in 11NCAC 10 .1207;(3) if the filer is filing a modification to anexisting form, provide a "side-by-side"comparison of the existing and modified formsand explain all broadenings and restrictions ofcoverage.Authority G.S. 58-2-40; 58-3-150; 58-41-50.11 NCAC 10 .1209 TRANSMITTAL HEADERAll form filings shall be accompanied by a transmittal headerwhich is available at the Department's Internet web site(www.ncdoi.com), by writing the N.C. Department of Insurance,Property & Casualty Division, 430 N. Salisbury St., P.O. Box26387, Raleigh, NC 27611, or by calling the Division at (919)733-3368.Authority G.S. 58-2-40; 58-3-150; 58-36-55; 58-45-45;58-46-55.TITLE 13 – DEPARTMENT OF LABORNotice is hereby given in accordance with G.S. 150B-21.2 thatthe NC Department of Labor intends to amend the rule cited as13 NCAC 07A .0302. Notice of Rule-making Proceedings waspublished in the Register on November 1, 2001.Proposed Effective Date: August 1, 2002Instructions on How to Demand a Public Hearing: (must berequested in writing within 15 days of notice): Written requests
PROPOSED RULESfor public hearing may be directed to Barbara A. Jackson, NorthNoneCarolina Department of Labor, 4 West Edenton Street, Raleigh,NC 27601 until 5:00 p.m. on March 4, 2002.CHAPTER 07 - OSHAReason for Proposed Action: The Department of Laborproposes to make permanent, the temporary rule 13 NCAC 07A.0302, that went into effect, December 1, 2001.Comment Procedures: Written comments directed to theattention of Barbara A. Jackson, North Carolina Department ofLabor, 4 W. Edenton Street, Raleigh, NC 27601 will be accepteduntil March 4, 2002.Fiscal ImpactStateLocalSubstantive (>$5,000,000)SUBCHAPTER 07A – GENERAL RULES ANDOPERATIONAL PROCEDURESSECTION .0300 - PROCEDURES13 NCAC 07A .0302 COPIES AVAILABLECopies of the applicable Code of Federal Regulations (CFR)Parts or sections and industry standards referred to in thisChapter are available for public inspection by contacting theNorth Carolina Department of Labor (NCDOL), Division ofOccupational Safety and Health or the NCDOL Library. Thefollowing table provides acquisition locations and the costs ofthe applicable materials on the date this Rule was adopted:Referenced Materials Available for Purchase From Cost29 CFR 1903; 29 CFR 1904;29 CFR 1905; 29 CFR 1908;29 CFR 1913.10Division of Occupational Safety & Healthhttp://www.dol.state.nc.us/29 CFR 1910 Division of Occupational Safety & Healthhttp://www.dol.state.nc.us/29 CFR 1915; 29 CFR 1917 Division of Occupational Safety & Healthhttp://www.dol.state.nc.us/29 CFR 1926 Division of Occupational Safety & Healthhttp://www.dol.state.nc.us/29 CFR 1928 Division of Occupational Safety & Healthhttp://www.dol.state.nc.us/The above CFR Parts and otherCFR PartsANSI/NFPA 101-1991ANSI standardsFederal Specification QQ-P-416U.S. Government Printing OfficeWashington, D.C. 20402(202) 512-1800http://www.gpo.gov/National Fire Protection Association1 Battery arch ParkQuincy, Massachusetts 02269(617) 770-3000http://www.nfpa.org/American National Standards Institute11 West 42 nd StreetNew York, New York 10036(212) 642-4900http://www.ansi.org/Federal Supply Services Specification Section470 East L’Enfant Plaza SW, Suite 8100Washington, DC 20407(202) 619-8925http://www.gsa.gov/fssintro.htmSchedule 30 Bureau of Mines 24 FR 245 pages 10210-10204, December 17, 1959or Division of Occupational Safety & Healthhttp://www.msha.gov/Institute of Makers of Explosives(IME) Publications1120 Nineteenth St. NW, Suite 310Washington, DC 20036(202) 429-9280http://www.ime.org$1/page requested$27.00 each$2.50 each$22.00 each$2.50 each$34.00/PartFrom $28.00 to$74.00 per part.Contact source forspecific costinformation.Contact source forspecific costinformation.Contact source forspecific costinformation.Contact source forspecific costinformation.No. 17$15.00No. 20$10.00Contact source forspecific costinformation.16:15 NORTH CAROLINA REGISTER February 1, 20021652
Page 1 and 2: NORTH CAROLINAIN THIS ISSUEI. EXECU
Page 3 and 4: NORTH CAROLINA REGISTERPublication
Page 5 and 6: EXECUTIVE ORDERSEXECUTIVE ORDER NO.
Page 7 and 8: (l) Six members from non-profit age
Page 9 and 10: IN ADDITIONThis Section contains pu
Page 11 and 12: IN ADDITIONU.S. Department of Justi
Page 13 and 14: IN ADDITIONU.S. Department of Justi
Page 15 and 16: IN ADDITIONPUBLIC HEARING NOTICETIT
Page 17: RULE-MAKING PROCEEDINGSA Notice of
Page 21 and 22: (2) the characteristics which make
Page 23 and 24: shall be allowed shall be non-domes
Page 25 and 26: Person CountyPitt CountyVance Count
Page 27 and 28: PROPOSED RULESCreek and all tributa
Page 29 and 30: esult in the termination of the int
Page 31 and 32: Authority G.S. 88B-4; 88B-21(e).21
Page 33 and 34: (D)(E)experience shall be considere
Page 35 and 36: (4) Examination. The examination fe
Page 37 and 38: competence in the subject matter, a
Page 39 and 40: (3) The licensee's written signatur
Page 41 and 42: adio signals of the Department of D
Page 43 and 44: TEMPORARY RULESThis Section include
Page 45 and 46: (3) provide documentation of all as
Page 47 and 48: (i) pediatric patient which equals
Page 49 and 50: Eff. November 1, 1990;Temporary Ame
Page 51 and 52: quarter of the third year of operat
Page 53 and 54: (2) document the assumptions and pr
Page 55 and 56: accepted medical practice at each f
Page 57 and 58: TEMPORARY RULES8 (Gaston) June 1, 2
Page 59 and 60: (19) There are 10 categories of pro
Page 61 and 62: TEMPORARY RULESCleveland Yadkin War
Page 63 and 64: TEMPORARY RULES12Cherokee, Clay, Gr
Page 65 and 66: the multi-county groupings as defin
Page 67 and 68: (A) If the number of five-bed ICF/M
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TEMPORARY RULESGaston 1Wake 1(b) Fi
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TEMPORARY RULESthere is no need for
Page 73 and 74:
TEMPORARY RULEScounty's June 30, 20
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(C)certificate of need has beenissu
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TEMPORARY RULESVance 1Watauga 1Wilk
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20 miles of the Academic Medical Ce
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(C)(D)nursing care was not known to
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(b) Need Determination for at Least
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Comment Procedures: Written comment
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entitled to receive such informatio
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(A) during open seasons prescribed
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TEMPORARY RULESTemporary Adoption E
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(2) an originally executed copy of
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History Note: Authority G.S. 78C-16
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(B)(C)TEMPORARY RULES(i.e., purchas
Page 99 and 100:
administrator by its examiners orot
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(1) Uniform Termination Notice for
Page 103 and 104:
electronically (if it has not previ
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Authority for the rulemaking: G.S.
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mobile/modular homes not to exceed
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Temporary Amendment Eff. October 1,
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Lisa MartinLinda RaynorDedra Alston
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RULES REVIEW COMMISSION21 NCAC 58C
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RULES REVIEW COMMISSIONAccrued Paym
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RULES REVIEW COMMISSIONCertificatio
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CONTESTED CASE DECISIONSThis Sectio
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CONTESTED CASE DECISIONSLuther I Go
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CONTESTED CASE DECISIONSPandora M.
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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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