NC Register Volume 16 Issue 15 - Office of Administrative Hearings

entitled to receive such information who isoutside the initial user agency.(45) "Servicing Agreement" means an agreementbetween a terminal agency and a non-terminalagency to provide DCI terminal services.(46) "State" means any state of the United States,the District of Columbia, the Commonwealthof Puerto Rico and any territory or possessionof the United States.(47) "Statute" means a law enacted by a state'slegislative branch of government.(48) "Switched Message" means messages that maybe used by DCI terminal personnel toexchange official information between lawenforcement/criminal justice agencies withinNorth Carolina.(49) "Terminal" means a video screen with atypewriter keyboard used by DCI toaccomplish message switching, DMVinquiries, functional messages, and DCI,NCIC, NLETS on-line file transactions.(50) "Terminal Agency" means any agency that hasobtained a DCI terminal.(51) "UCR" means a Uniform Crime Reportingprogram to collect a summary of criminaloffense and arrest information.(52) "Unapproved need-to-know" means anyreason for requesting criminal or driver'shistory data which is not within the scope ofauthorized purpose codes as defined in theDCI on-line manual.(53) "User Agreement" means an agreementbetween a terminal agency and DCI wherebythe agency agrees to meet and fulfill all DCIrules and regulations.History Note: Authority G.S. 114-10; 114-10.1;Eff. November 1, 1991;Amended Eff. August 1, 1998; October 1, 1995; October 1,1994;Temporary Amendment Eff. January 14, 2002.TITLE 13 – DEPARTMENT OF LABORRule-making Agency: NC Department of LaborRule Citation: 13 NCAC 20 .0101Effective Date: January 16, 2002Findings Reviewed and Approved by: Beecher R. GrayAuthority for the rulemaking: G.S. 95-126; 95-131Reason for Proposed Action: The General Assembly enactedlegislation amending G.S. 95-230 to establish procedural andother requirements for the administration of controlledsubstance examination and to allow employers to collection theoral fluids of examinees as samples in connection withexaminations and screenings for controlled substances. G.S. 95-TEMPORARY RULES16:15 NORTH CAROLINA REGISTER February 1, 20021720230 Section 66(b) mandates that the Department of Labor adopttemporary rules allowing the collection of "oral fluids" within 30days of the effective date of this act. The Act was signed into lawon December 16, 2001.Comment Procedures: All interested and potentially affectedpersons are encouraged to make their views known bysubmitting written comments to Barbara A. Jackson, NCDepartment of Labor, 4 W. Edenton Street, Raleigh, NC 27601.CHAPTER 20 – CONTROLLED SUBSTANCESEXAMINATION REGULATIONSECTION .0100 - DEFINITIONS13 NCAC 20 .0101 DEFINITIONSAs used in G.S. 95, Article 20 and this Chapter:(1) "All actions" means procedures performed onthe examinee's urine or blood to detect,identify, or measure controlled substances.Examples include, but are not limited to,"examinations and screening for controlledsubstances," "controlled substances testing,""drug testing," "screening," "screening test,""confirmation," and "confirmation test".(2) "Chain of custody" means the process ofestablishing the history of the physical custodyor control of the sample from the time theexaminer provides the container for the sampleto the examinee through the later of:(a) The reporting of the negative result tothe examiner;(b) The 90 day period specified in G.S.(c)95-232(d); orThe completion of the retestingdescribed in G.S. 95-232(f).(3) "On-site" means any location, other than anapproved laboratory, at which a screening testis performed on prospective employees. Forexample, "on-site" locations include, but arenot limited to, the examiner's place of businessor a hospital, physician's office, or third-partycommercial site operated for the purpose ofcollecting samples to be used in controlledsubstance examinations.(4) "Sample" means the examinee's urine or bloodor oral fluids obtained in a minimally invasivemanner and determined to meet the reliabilityand accuracy criteria accepted by laboratoriesfor the performance of drug testing.(5) "Employer or person charged" means anexaminer found by the Commissioner to haveviolated G.S. 95, Article 20.History Note: Authority G.S. 95-231; 95-232; 95-234;Eff. April 1, 2001;Temporary Amendment Eff. January 16, 2002.TITLE 15A – DEPARTMENT OF ENVIRONMENT ANDNATURAL RESOURCES