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ISSUE DATE: The Register is published on the first and fifteen of each month if the first or fifteenth of the month is not a Saturday, Sunday, or State holiday for employees mandated by the State Personnel Commission. If the first or fifteenth of any month is a Saturday, Sunday, or a holiday for State employees, the North Carolina Register issue for that day will be published on the day of that month after the first or fifteenth that is not a Saturday, Sunday, or holiday for State employees.

LAST DAY FOR FILING: The last day for filing for any issue is 15 days before the issue date excluding Saturdays, Sundays, and holidays for State employees.

NOTICE OF TEXT

EARLIEST DATE FOR PUBLIC HEARING: The hearing date shall be at least 15 days after the date a notice of the hearing is published.

END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed rule, whichever is longer.

DEADLINE TO SUBMIT TO THE RULES REVIEW COMMISSION: The Commission shall review a rule submitted to it on or before the twentieth of a month by the last day of the next month.

FIRST LEGISLATIVE DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY: This date is the first legislative day of the next regular session of the General Assembly following approval of the rule by the Rules Review Commission. See G.S. 150B-21.3, Effective date of rules.

SUMMARY OF NOTICE OF INTENT TO REMEDIATE A DRY-CLEANING SOLVENT FACILITY OR ABANDONED SITE

Union Road Cleaners

DSCA Site No. 36-0004

Pursuant to N.C.G.S. §143-215.104L, PP-Hudson, LLC has filed with the North Carolina Department of Environment and Natural Resources (DENR) a Notice of Intent to Remediate a Dry-Cleaning Solvent Facility or Abandoned Site (NOI). The purpose of this summary is to notify the public of the proposed remedy for the affected property and invite comment on the proposed remedy.

The Property consists of the following parcel in Gastonia, North Carolina identified by street address and by the following property tax parcel identification numbers:

Union Hudson Crossing Shopping Center

2210 Union Road, Space #1

Gastonia, Gaston County, North Carolina

Parcel Number 3554-26-7633

Dry-cleaning solvent contamination has been discovered in soil and groundwater on a portion of the Property. The proposed remedy includes land use restrictions to control current and future site risks at the property referenced above.

The NOI is available for review by the public at the address provided below. To arrange a review of the NOI or for additional information, contact Billy Meyer at (919)508-8415. Written public comments may be submitted to DENR no later than December 15, 2008. Written requests for a public meeting may be submitted to DENR no later than November 14, 2008. All such comments and requests should be addressed as follows:

Billy Meyer, DSCA Program

Special Remediation Branch

Superfund Section

Division of Waste Management

North Carolina Department of Environment and Natural Resources

401 Oberlin Road, Suite 150

Raleigh, North Carolina 27605

Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days.

Statutory reference: G.S. 150B-21.2.

TITLE 02 – DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Pesticide Board intends to adopt the rule cited as 02 NCAC 09L .1807and amend the rules cited as 02 NCAC 09L .1002, .1402.

Proposed Effective Date: February 1, 2009

Public Hearing:

Date: November 12, 2008

Time: 1:00 p.m.

Location: Governor Martin Building, N.C. State Fairgrounds, 1025 Blue Ridge Road, Raleigh, N.C. 27607

Reason for Proposed Action:These revisions are required to implement the recommendations of the 2008 Governor's Task Force on Preventing Agricultural Pesticide Exposure and the requirements of Senate Bill 847, ";Prevent Agricultural Pesticide Exposure.";

Procedure by which a person can object to the agency on a proposed rule: Any person may object to the proposed rules by submitting a written statement of objection(s) to James W. Burnette, Jr., Secretary, N.C. Pesticide Board, 1090 Mail Service Center, Raleigh, NC 27699-1090.

Comments may be submitted to: James W. Burnette, 1090 Mail Service Center, Raleigh, NC 27699-1090, phone 919-733-3556, fax 919-733-9796, email james.burnette@ncagr.gov

Comment period ends: December 15, 2008

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721.

Fiscal Impact:

 State

 Local

 Substantive (>$3,000,000)

 None

CHAPTER 09 – FOOD AND DRUG PROTECTION

SUBCHAPTER 09L   PESTICIDE SECTION

SECTION .1000   AERIAL APPLICATION OF PESTICIDES

02 NCAC 09L .1002 GENERAL REQUIREMENTS

(a) All agricultural aircraft operations in North Carolina shall comply with the Federal Occupational Safety and Health Act of 1971 (OSHA), the North Carolina Occupational Safety and Health Law, all regulations promulgated there under and the Federal Aviation Regulations part 137. In any case of conflict, a provision of the aforenamed authorities takes precedence over any of these Rules.

(b) Each aerial application business shall have a licensed contractor. The contractor shall be responsible for the compliance of the business with the North Carolina Pesticide Law of 1971 and all regulations promulgated thereunder except where the responsibility is specifically designated to another person(s) by these Rules.

(c) All agricultural aircraft operations (pilot or contractor) shall keep a written record to be completed within 72 hours after each application. This requirement must be fulfilled sooner if requested by an employee of the Pesticide Section for the purposes of a pesticide incident investigation. The record shall show the following:

(1) name of contractor;

(2) name and address of the person for whom the pesticide was applied;

(3) identification of farm or land sites treated with pesticide(s);

(4) name of crop which was treated;

(5) total number of acres treated;

(6) the year, month, day,date, and approximate time the pesticide was applied;the specific time of day when each pesticideapplication was completed;

(7) the brand name of the pesticide(s) and EPA registration number;

(8) amount of formulated product or active material applied per acre (must specify);

(9) total gallons or pounds per acre of the final tank mix applied per acre;

(10) name of pilot;

(11) signature of person completing this record.

(d) Each day of application shall be recorded as a separate record.

(d)(e) The pilot shall, prior to application, learn and confirm:

(1) the boundaries and exact location of the target area(s),

(2) the identity of nontarget areas and safety hazards located on or adjacent to the target areas.

(e)(f) Spray and spreading equipment shall be thoroughly rinsed after each agricultural aircraft operation except when the next agricultural aircraft operation will be made using the same pesticide, or if another pesticide, one which by its manufacturer's recommendations is compatible with that previously in the equipment, and will not result in any adverse effects or illegal residues. Rinsing shall be conducted in an area where an environmental hazard will not be created by the drainage or disposal of waste materials and conducted with methods which will not create an environmental or human hazard.

(f)(g) During application, the flow and mixture of the pesticide(s) shall be uniform. Pilots and contractors shall utilize equipment which will maintain a uniform mixture and flow during application.

(g)(h) Pilots and contractors shall use and operate, in any agricultural aircraft operation, aircraft equipped with spray or spreading equipment suited, according to its manufacturer's recommendations for the pesticide(s) to be applied. All aerial spray or spreading equipment shall be free of leaks and shall have a positive shutoff system to prevent leaking and dissemination of pesticides on any nontarget areas over which the flight is made. Such equipment shall not allow spillage, dripping and backflow or create a hazard from vapors or drift.

(h)(i) The loading area shall be kept reasonably free of pesticide contamination.

(i)(j) No pesticide(s) shall be applied by an aerial applicator while any persons other than those assisting in the application are in the target area.

(j)(k) The shape of the tank or hopper of the spray or spreading equipment shall be such as to allow complete drainage during flight and on ground.

(k)(l) The contractor or pilot shall immediately notify the Secretary of the Board, or designated alternate, of any emergency or accidental release of pesticide(s) from the application or auxiliary equipment. They shall provide the following information:

(1) the name of the pilot,

(2) the contractor involved,

(3) the name of the property owner or operator,

(4) the location of the incident,

(5) the name of the pesticide,

(6) the estimated amount of pesticide involved,

(7) the estimated size of the area that received the spill,

(8) the description of what is located within 300 feet from the edge of the spill in all directions,

(9) the number of humans or animals known to have been contaminated,

(10) the weather conditions at the site of the emergency or accidental release of pesticide(s).

Authority G.S. 143 458; 143 463; 143 466.

SECTION .1400   GROUND APPLICATION OF PESTICIDES

02 NCAC 09L .1402 RECORD KEEPING

REQUIREMENTS

All licensed pesticide applicators, as defined in G.S. 143 460 which includes public operators, utilizing ground equipment shall keep for three years and make available to the commissioner for like period records of all applications of restricted use pesticides showing the following:

(1) name of licensed pesticide applicator or licensed public operator;

(2) name and address of the person for whom the pesticide was applied;

(3) identification of farm or site(s) treated with pesticide(s);

(4) name of crop, commodity, or object(s) which was treated with pesticide(s);

(5) approximate number of acres or size or number of other object(s) treated;

(6) date(s) pesticide(s) was applied;the year, month, date and the specific time of day when each pesticide application wascompleted and each day of application shall be recorded as a separate record;

(7) the brand name of the pesticide(s) and EPA registration number(s);

(8) amount (volume or weight) of pesticide formulation(s) or active ingredient(s) applied per unit of measure; and

(9) name(s) of person(s) applying pesticide(s).

Authority G.S. 143 458; 143 463; 143 466(a).

SECTION .1800   WORKER PROTECTION STANDARDS FOR AGRICULTURAL PESTICIDES

02 NCAC 09L .1807 SPECIFIC INFORMATION

ABOUT APPLICATIONS

(a) Concerning application information requirements contained in Sections 170.122 and 170.222 the following is also required:

(1) In addition to the requirements of Sections 170.122(c)(3), and 170.222(c)(3), the specific time of day when each pesticide application was completed must be recorded immediately upon completion of the application. Each day of the application shall be recorded as a separate record.

(2) After the application information referenced in 1807(a)(1) and the other information in Sections 170.122(c)(3) and 170.222(c)(3) has been displayed for the required period of time in Section 170.122(b) and 170.222(b), the agricultural employer shall maintain the information for a period of two years from the specific time of day when each pesticide application was completed. Such information shall be available for inspection and copying by the Board or its agents upon their request.

(b) In addition to information contained in Section 170.224(b), the handler employer must make the agricultural owner aware of the specific time of day when each pesticide application was completed. The agricultural employer shall display the information immediately and shall make it part of the record required to be maintained in Subparagraph (a)(1) and (2) of this Rule.

Authority G.S. 143-466(a).

TITLE 11 – DEPARTMENT OF INSURANCE

Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Home Inspector Licensure Board/North Carolina Department of Insurance intends to amend the rule cited as 11 NCAC 08 .1103.

Proposed Effective Date: February 1, 2009

Public Hearing:

Date: November 14, 2008

Time: 9:00 a.m.

Location: Office of State Fire Marshal, 322 Chapanoke Road Raleigh, N.C.

Reason for Proposed Action:The amendment emphasizes to the client the need to read the entire report.

Procedure by which a person can object to the agency on a proposed rule: The Home Inspector Licensure Board/Department of Insurance will accept written objections to this rule until the expiration of the comment period on December 15, 2008.

Comments may be submitted to: Ellen K. Sprenkel, 1201 Mail Service Center, Raleigh, NC 27699-1201, phone (919)733-4529, fax (919) 733-6495, email esprenkel@

Comment period ends: December 15, 2008

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721.

Fiscal Impact:

 State

 Local

 Substantive (>$3,000,000)

 None

CHAPTER 08   ENGINEERING AND BUILDING CODES DIVISION

section .1100 - N.C. HOME INSPECTOR STANDARDS OF PRACTICE AND CODE OF ETHICS

11 NCAC 08 .1103 PURPOSE AND SCOPE

(a) Home inspections performed according to this Section shall provide the client with an understanding of the property conditions, as inspected at the time of the home inspection.

(b) Home inspectors shall:

(1) Provide a written contract, signed by the client, before the home inspection is performed that shall:

(A) State that the home inspection is in accordance with the Standards of Practice of the North Carolina Home Inspector Licensure Board;

(B) Describe what services shall be provided and their cost; and

(C) State, when an inspection is for only one or a limited number of systems or components, that the inspection is limited to only those systems or components;

(2) Inspect readily visible and readily accessible installed systems and components listed in this Section; and

(3) Submit a written report to the client that shall:

(A) Describe those systems and components required to be described in Rules .1106 through .1115 of this Section;

(B) State which systems and components designated for inspection in this Section have been inspected, and state any systems or components designated for inspection that were not inspected, and the reason for not inspecting;

(C) State any systems or components so inspected that do not function as intended, allowing for normal wear and tear, or adversely affect the habitability of the dwelling;

(D) State whether the condition reported requires repair or subsequent observation, or warrants further investigation by a specialist; and

(E) State the name, license number, and signature of the person supervising the inspection and the name, license number, and signature of the person conducting the inspection.

(c) This Section does not limit home inspectors from:

(1) Reporting observations and conditions or rendering opinions of items in addition to those required in Paragraph (b) of this Rule; or

(2) Excluding systems and components from the inspection if requested by the client, and so stated in the written contract.

(d) Written reports required by this Rule for pre-purchase home inspections of three or more systems shall include a separate section labeled ";Summary"; that includes any system or component that:

(1) does not function as intended or adversely affects the habitability of the dwelling; or

(2) warrants further investigation by a specialist or requires subsequent observation.

This summary shall not contain recommendations for routine upkeep of a system or component to keep it in proper functioning condition or recommendations to upgrade or enhance the function or efficiency of the home. This summary shall contain the following statements: ";This summary is not the entire report. The complete report may include additional information of concern to the client. It is recommended that the client read the complete report."; The full report may include additional information of interest or concern to the client. It is strongly recommended that the client promptly read the complete report. For information regarding the negotiability of any item in this report under a real estate purchase contract, contact your North Carolina real estate agent or an attorney.";

Authority G.S. 143-151.49.

TITLE 15A – DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Wildlife Resources Commission intends to amend the rules cited as 15A NCAC 10F .0323, 0333.

Proposed Effective Date: April 1, 2009

Public Hearing:

Date: December 16, 2008

Time: 1:00 p.m.

Location: 1751 Varsity Drive, Room 428, 4th Floor, Centennial Campus Headquarters, Raleigh, NC

Reason for Proposed Action:

15A NCAC 10F .0323- Petition from Burke County Board of Commissioners to establish water safety rules in Lake James in the vicinity of NC Hwy 126 Bridge

15A NCAC 10F .0333- Petition from the Lake Wylie Marine Commission to establish water safety rules on the waters of Lake Wylie.

Procedure by which a person can object to the agency on a proposed rule: Any person who wishes to object to a proposed rule may do so by writing or emailing the agency person specified in connection with a given rule within the public comment period set up for this rule. For this rule, the contact person is Betsy Foard.

Comments may be submitted to: Betsy Foard, 1710 Mail Service Center, Raleigh, NC 27699-1701, phone (919) 707-0013, email Betsy.Foard@

Comment period ends: December 16, 2008

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721.

Fiscal Impact: A copy of the fiscal note can be obtained from the agency.

 State

 Local 15A NCAC 10F .0333

 Substantive (>$3,000,000)

 None 15A NCAC 10F .0323

CHAPTER 10 – WILDLIFE RESOURCES AND WATER SAFETY

SUBCHAPTER 10F   MOTORBOATS AND WATER SAFETY

SECTION .0300   LOCAL WATER SAFETY REGULATIONS

15a ncac 10f .0323 BURKE COUNTY

(a) Regulated Areas. This Rule applies only to the following waters or portions of waters in Burke County described as follows:

(1) Lake Hickory;

(2) Lake James; James, delineated by markers consistent with paragraph (e) of this section, at the following locations:

(A) Holiday Shores Subdivision;Subdivision as delineated by appropriate markers;

(B) Lake James Campground;Campground as delineated by appropriate markers;

(C) Laurel Pointe Subdivision;Subdivision as delineated by appropriate markers;

(D) Boyd Moore Cove;Cove as delineated by appropriate markers;

(E) East Shores development;development as delineated by appropriate markers;

(F) Eastern shore of Lake James at Mallard Cove;

(G) Highway 126 Bridge, area defined using the North American Datum of 1983 beginning 50 yards from the northeast side defined by a shore to shore line extending from state plane coordinates: Northing = 224985.481182, Easting = 348767.698377 to Northing = 224912.319514, Easting = 348805.193732, encompassing all waters to a line 50 yards south of the Canal Bridge Access Area defined by a line extending shore to shore from state plane coordinates: Northing = 224445.196801, Easting = 348537.550908 to Northing = 224555.69654, Easting = 348306.485157.

(3) Lake Rhodhiss.

(b) Speed Limit.  No person shall operate a vessel at greater than no wake speed within 50 yards of any designated and marked public boat launching ramp, bridge, marina, boat storage structure, boat service area, dock, or pier,pier; or while on thedesignated waters of the areas described in Paragraph (a) of this Rule. 

(c) Speed Limit in Mooring Areas.  No person shall operate a vessel at greater than no wake speed while within a marked mooring area established with the approval of the Executive Director, or his representative, on the regulated areas described in Paragraph (a) of this Rule.

(d) Restricted Swimming Areas.  No person operating or responsible for the operation of a vessel shall permit it to enter any marked public swimming area established with the approval of the Executive Director, or his representative, on the regulated areas described in Paragraph (a) of this Rule.

(e) Placement and Maintenance of Markers.  The Board of Commissioners of Burke County is designated a suitable agency for placement and maintenance of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers, if applicable.  With regard to marking the regulated areas described in Paragraph (a) of this Rule, all of the supplementary standards listed in Rule .0301(g) of this Section shall apply.

Authority G.S. 75A 3; 75A 15; 102-1.1.

15A NCAC 10F .0333 MECKLENBURG AND GASTON

COUNTIES

(a) Regulated Areas. This Rule applies to the following waters of Lake Wylie in Mecklenburg and Gaston Counties:

(1) McDowell Park – The waters of the coves adjoining McDowell Park and the Southwest Nature Preserve in Mecklenburg County, including the entrances to the coves on either side of Copperhead Island;

(2) Gaston County Wildlife Club Cove – The waters of the cove at the Gaston County Wildlife Club on South Point Peninsula in Gaston County;

(3) Buster Boyd Bridge- The areas 250 feet to the north and 150 feet to the south of the Buster Boyd Bridge;

(4) Highway 27 Bridge – The area beginning 50 yards north of the NC 27 Bridge and extending 50 yards south of the southernmost of two railroad trestles immediately downstream from the NC 27 Bridge;

(5) Brown's Cove – The area beginning at the most narrow point of the entrance to Brown's Cove and extending 250 feet in both directions; and

(6) Paradise Point Cove – The waters of the Paradise Point Cove between Paradise Circle and Lakeshore Drive as delineated by appropriate markers.

(7) Withers Cove - The area 50 feet on either side of Withers Bridge.

(8) All other bridges – the areas that are within 50 feet of any bridge in North Carolina that crosses the waters of Lake Wylie that is not otherwise specifically mentioned in this Paragraph.

(b) Speed Limit Near Ramps. No person shall operate a vessel at greater than no wake speed within 50 yards of any public boat launching ramp, dock, pier, marina, boat storage structure or boat service area.

(c) Speed Limit Near All Other Bridges. No person shall operate a vessel at greater than no-wake speed within 50 feet of any bridge in North Carolina that crosses the waters of Lake Wylie that is not otherwise specifically mentioned in Paragraph (a) of this Rule.

(c)(d) Speed Limit in Marked Swimming or Mooring Areas. No person shall operate a vessel at greater than no wake speed within 50 yards of any marked mooring area or marked swimming area.

(d)(e) Placement and Maintenance of Markers. The Lake Wylie Marine Commission is designated a suitable agency for placement and maintenance of markers implementing this Rule.

Authority G.S. 75A 3; 75A 15.

TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS

chapter 10 – board of chiropractic examiners

Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina State Board of Chiropractic Examiners intends to amend the rule cited as 21 NCAC 10 .0203.

Proposed Effective Date: February 1, 2009

Public Hearing:

Date: November 6, 2008

Time: 10:00 a.m.

Location: Board Office, 174 Church Street, Concord, NC 28025

Reason for Proposed Action:Under the existing rule, an applicant for North Carolina licensure who has been licensed in another state for several years may obtain a waiver of certain National Board examinations. The number of examinations that may be waived currently depends on the date of initial licensure. The proposed amendment would change the operative date for obtaining waivers from the date of initial licensure to the date of graduation from chiropractic college. In the judgment of the N.C. Board of Examiners, this change would make the waiver rule fairer by eliminating discrimination against chiropractors whose initial licensure was delayed by extenuating circumstances such as illness or military service.

Procedure by which a person can object to the agency on a proposed rule: Objections may be filled with the Secretary of the Board of Examiners whose address is P.O. Box 312, Concord, NC 28026

Comments may be submitted to: John A. Webster, D.C., Secretary of the Board, P.O. Box 312, Concord, NC 28026

Comment period ends: December 15, 2008

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721.

Fiscal Impact:

 State

 Local

 Substantive (>$3,000,000)

 None

CHAPTER 10 – CHIROPRACTIC EXAMINERS

SECTION .0200   PRACTICE OF CHIROPRACTIC

21 NCAC 10 .0203 NORTH CAROLINA

EXAMINATION

(a) Eligibility. Only those applicants who meet the requirements of this Rule and G.S. 90-143, or in the case of reciprocity applicants, G.S. 90-143.1, and who have submitted a timely and complete written application pursuant to Rule 21 NCAC 10 .0202 shall be allowed to take the North Carolina examination.

(b) Dates of Examination. The North Carolina examination shall be given four times each year, on the fourth Saturday in January, April, July and October. Eligible applicants shall be notified of the exact date, time and location of the examination as soon as possible after their written applications have been approved by the Board.

(c) National Boards. Except as provided in Paragraph (e) of this Rule, in order to take the North Carolina examination, an applicant who has never been licensed in this state or who is not a reciprocity applicant shall first achieve a score of 375 or higher on each of the following examinations given by the National Board of Examiners: Part I, Part II, Part III (WCCE) and the elective examination (termed ";Physiotherapy"; by the National Board). In addition, the applicant shall achieve a score of 475 or higher on Part IV of the National Board examination.

(d) Report of Scores. The applicant shall arrange for his test results from any National Board examination to be reported to the North Carolina Board in a timely manner. Failure to comply with this provision shall be a basis for dealy8ing the issuance of a license.

(e) Waiver of National Boards. The Board recognizes that many established practitioners were licensedcompleted their professional education prior to the introduction of one or more National Board examinations. Notwithstanding the requirements of Paragraph (c) of this Rule, an applicant who submits National Board examination results in conformity with the following schedule shall not be disqualified from licensure in North Carolina:

(1) If the applicant was initially licensed in his home stategraduated from chiropractic college before July 1, 1966, he shall not be required to submit a score from any National Board examination;

(2) If the applicant was initially licensed in his home stategraduated from chiropractic college between July 1, 1966 and June 30, 1986, he shall be required to submit scores of 375 or higher on National Board Part I, Part II, and the elective examination termed ";Physiotherapy";; but he shall not be required to submit a score on Part III (WCCE) or Part IV;

(3) If the applicant was initially licensed in his home stategraduated from chiropractic college between July 1, 1986 and June 30, 1997, he shall be required to submit scores of 375 or higher on National Board Part I, Part II, the elective examination termed ";Physiotherapy"; and Part III (WCCE); but he shall not be required to submit a score on Part IV.

In order to receive a license, an applicant who qualifies for a waiver of any National Board score must take and pass the SPEC examination and the North Carolina examination and satisfy all other requirements for licensure.

(f) SPEC Examination. In order to take the North Carolina Examination, a reciprocity applicant, a waiver applicant pursuant to Paragraph (d) of this Rule, or an applicant previously licensed in this State whose license has been cancelled pursuant to G.S. 90-155 for more than 180 days must first take and pass the Special Purpose Examination for Chiropractic (";SPEC";).

(g) Nature of Examination. The North Carolina examination is a written test of the an applicant's knowledge of chiropractic jurisprudence. No part of the examination is open-boo, and no reference material of any kind shall be allowed in the examination area. The passing grade is 75.

(h) Review of Examination Results. An applicant who has been denied licensure because he failed the North Carolina examination may request a review of his answers provided his request is made in writing and received by the Secretary not later than 20 days after issuance of the examination results. Unless the applicant specifically requests to review his answers in person, the review shall be limited to a re-tabulation of the applicant's score to make certain no clerical errors were made in grading. If the applicant requests to review his answers in person, he shall be permitted to do so at the office of the Board in the presence of a representative of the Board and for a period of not more than 30 minutes. The applicant shall not be permitted to discuss his examination with any member of the Board, grader, or test administrator.

(i) Date of Licensure. An applicant who meets all the requirements for licensure shall be issued a license within 30 days after taking the North Carolina examination.

Authority G.S. 90-142; 90-143; 90-143.1; 90-144; 90-146.

Note from the Codifier: The rules published in this Section of the NC Register are temporary rules reviewed and approved by the Rules Review Commission (RRC) and have been delivered to the Codifier of Rules for entry into the North Carolina Administrative Code. A temporary rule expires on the 270th day from publication in the Register unless the agency submits the permanent rule to the Rules Review Commission by the 270th day.

This section of the Register may also include, from time to time, a listing of temporary rules that have expired. See G.S. 150B-21.1 and 26 NCAC 02C .0500 for adoption and filing requirements.

TITLE 10a - DEPARTMENT OF HEALTH AND HUMAN SERVICES

Rule-making Agency:N. C. Commission for Public Health

Rule Citation:10A NCAC 45A .0202

Effective Date:October 1, 2008

Date Approved by the Rules Review Commission:September 18, 2008

Reason for Action:Legislative approval for the DHHS budget, which was effective 07/16/08, authorized expansion of financial eligibility for the department's HIV Medications Program to 300%. This temporary rule makes this legislated expansion of coverage possible, and it will be followed by a permanent version of the same rule change. The adoption of this change as a temporary rule will enable newly-eligible HIV patients to receive departmentally-provided life-saving medications as soon as legally possible.

CHAPTER 45   GENERAL PROCEDURES FOR PUBLIC HEALTH PROGRAMS

SUBCHAPTER 45A   PAYMENT PROGRAMS

SECTION .0200   ELIGIBILITY DETERMINATIONS

10A NCAC 45A .0202 DETERMINATION OF



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