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NORTH CAROLINA

REGISTER

VOLUME 23 ● ISSUE 08 Pages 700 - 724

October 15, 2008

  1. EXECUTIVE ORDERS

Executive Order No. 146 700

  1. IN ADDITION

Notice of Intent to Remediate a Dry-Cleaning Facility 701

III. PROPOSED RULES

Agriculture, Department of

Pesticide Board 702 – 704

Environment and Natural Resources, Department of

Wildlife Resources Commission 705 – 706

Insurance, Department of

Home Inspector Licensure Board 704 – 705

Occupational Licensing Boards and Commissions

Chiropractic Examiners, Board of 707 – 708

IV. TEMPORARY RULES

Public Health, Commission for 709 – 710

V. RULES REVIEW COMMISSION 711 – 717

VI. CONTESTED CASE DECISIONS

Index to ALJ Decisions 718 – 724

PUBLISHED BY

The Office of Administrative Hearings

Rules Division

6714 Mail Service Center

Raleigh, NC 27699-6714

Telephone (919) 431-3000

Fax (919) 431-3104

Julian Mann, III, Director

Camille Winston, Deputy Director

Molly Masich, Codifier of Rules

Dana Vojtko, Publications Coordinator

Julie Edwards, Editorial Assistant

Felicia Williams, Editorial Assistant

Tammara Chalmers, RRC Administrative Assistant

Contact List for Rulemaking Questions or Concerns

For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the agencies below. The bolded headings are typical issues which the given agency can address, but are not inclusive.

Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.

Office of Administrative Hearings

Rules Division

1711 New Hope Church Road (919) 431-3000

Raleigh, North Carolina 27609 (919) 431-3104 FAX

contact: Molly Masich, Codifier of Rules molly.masich@ (919) 431-3071

Dana Vojtko, Publications Coordinator dana.vojtko@ (919) 431-3075

Julie Edwards, Editorial Assistant julie.edwards@ (919) 431-3073

Felicia Williams, Editorial Assistant felicia.s.williams@ (919) 431-3077

Rule Review and Legal Issues

Rules Review Commission

1711 New Hope Church Road (919) 431-3000

Raleigh, North Carolina 27609 (919) 431-3104 FAX

contact: Joe DeLuca Jr., Commission Counsel joe.deluca@ (919) 431-3081

Bobby Bryan, Commission Counsel bobby.bryan@ (919) 431-3079

Tammara Chalmers, Admin Assistant tammara.chalmers@ (919) 431-3083

Fiscal Notes & Economic Analysis

Office of State Budget and Management

116 West Jones Street (919) 807-4700

Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX

contact: William Crumbley, Economic Analyst william.crumbley@ (919) 807-4740

Governor’s Review

Reuben Young reuben.young@

Legal Counsel to the Governor (919) 733-5811

116 West Jones Street(919)

Raleigh, North Carolina 27603

Legislative Process Concerning Rule-making

Joint Legislative Administrative Procedure Oversight Committee

545 Legislative Office Building

300 North Salisbury Street (919) 733-2578

Raleigh, North Carolina 27611 (919) 715-5460 FAX

contact: Karen Cochrane-Brown, Staff Attorney karenc@

Jeff Hudson, Staff Attorney jeffreyh@

County and Municipality Government Questions or Notification

NC Association of County Commissioners

215 North Dawson Street (919) 715-2893

Raleigh, North Carolina 27603

contact: Jim Blackburn jim.blackburn@

Rebecca Troutman rebecca.troutman@

NC League of Municipalities (919) 715-4000

215 North Dawson Street

Raleigh, North Carolina 27603

contact: Anita Watkins awatkins@

NORTH CAROLINA REGISTER

Publication Schedule for January 2008 – December 2008

FILING DEADLINES

NOTICE OF TEXT

PERMANENT RULE

TEMPORARY RULES

Volume & issue number

Issue date

Last day for filing

Earliest date for public hearing

End of required comment

period

Deadline to submit to RRC

for review at

next meeting

Earliest Eff.

Date of

Permanent Rule

Delayed Eff. Date of

Permanent Rule

31st legislative day of the session beginning:

270th day from publication in the Register

22:13

01/02/08

12/06/07

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EXPLANATION OF THE PUBLICATION SCHEDULE

This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.

GENERAL

The North Carolina Register shall be published twice a month and contains the following information submitted for publication by a state agency:

(1) temporary rules;

(2) notices of rule-making proceedings;

(3) text of proposed rules;

(4) text of permanent rules approved by the Rules Review Commission;

(5) notices of receipt of a petition for municipal incorporation, as required by G.S. 120-165;

(6) Executive Orders of the Governor;

(7) final decision letters from the U.S. Attorney General concerning changes in laws affecting voting in a jurisdiction subject of Section 5 of the Voting Rights Act of 1965, as required by G.S. 120-30.9H;

(8) orders of the Tax Review Board issued under G.S. 105-241.2; and

(9) other information the Codifier of Rules determines to be helpful to the public.

COMPUTING TIME: In computing time in the schedule, the day of publication of the North Carolina Register is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or State holiday, in which event the period runs until the preceding day which is not a Saturday, Sunday, or State holiday.

FILING DEADLINES

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

FINANCIAL ELIGIBILITY

(a) A patient must meet the financial eligibility requirements of this Subchapter to be eligible for benefits provided by the payment programs. Financial eligibility shall be determined through application of income scales. The definition of annual net income in Rule .0203 of this Subchapter and the definitions of family in Rule .0204 of this Subchapter shall be used in applying the income scales, except as provided in Paragraphs (c), (e) and (f) of this Rule.

(b) A person is financially eligible for services under the Sickle Cell Program if the net family income is at or below the federal poverty level in effect on July 1 of each fiscal year.

(c) A person is financially eligible for the HIV Medications Program if the gross family income is at or below 250300 percent of the federal poverty level in effect on July 1 of each fiscal year, with the following exceptions:

(1) If a waiting list develops, priority for enrollment into the Program shall be given to those whose net family income is at or below 125 percent of the federal poverty level;level, and second priority to those individuals with income above 125 percent and at or below 250 percent of federal poverty guidelines; and

(2) At any time that the Program's financial eligibility level is changed, all clients enrolled in the Program during the most recent year or at the time the eligibility level is changed shall be eligible to continue to be enrolled in and served by the Program. This shall be true even if the clients' financial status at that time places them above the newly-established level. The eligibility of these clients shall remain in force until:

(A) they no longer qualify for the Program other than for financial reasons; or

(B) they no longer require the services of the Program; or

(C) their income increases such that they have an income that exceeds the level under which they originally qualified for and enrolled into the Program; or

(D) they fail to comply with the rules of the Program.

Changes related to the Program's financial eligibility level or status shall be communicated to interested parties within North Carolina's HIV community (e.g., persons living with HIV disease, their families and caregivers, advocates and service providers, relevant local and state agencies) by the Program via electronic or print mechanisms.

(d) A person is financially eligible for the Kidney Program if the net family income is at or below the following scale:

Family Size 1: $6,400;

Family Size 2: $8,000;

Family Size 3: $9,600;

Family Size 4: $11,000;

Family Size 5: $12,000;

Family Size 6 and over: add $800 per family member.

(e) A person is financially eligible for the Cancer Program if gross family income is at or below 115 percent of the federal poverty level in effect on July 1 of each year.

(f) A child is financially eligible for Children's Special Health Services if the child is approved for Medicaid when applying or reapplying for program coverage, except for children eligible under Paragraph (g) and (h) of this Rule.

(g) A child approved for Children's Special Health Services post adoption coverage pursuant to 10A NCAC 43F .0800, is eligible for services under Children's Special Health Services if the child's net income is at or below the federal poverty level in effect on July 1 of each year.

(h) A person is financially eligible for services under the Adult Cystic Fibrosis Program if the net family income is at or below the federal poverty level in effect on July 1 of each year.

(i) The financial eligibility requirements of this Subchapter do not apply to:

(1) Migrant Health Program;

(2) School Health Fund financial eligibility determinations performed by a local health department which has chosen to use the financial eligibility standards of the Department of Public Instruction's free lunch program;

(3) Prenatal outpatient services sponsored through local health department delivery funds, 10A NCAC 43C .0200; or through Perinatal Program high risk maternity clinic reimbursement funds, 10A NCAC 43C .0300; and

(4) Diagnostic assessments for infants up to 12 months of age with sickle cell syndrome.

(j) Except as provided in Paragraphs (k) and (l) of this Rule, once an individual is determined financially eligible for payment program benefits, the individual remains financially eligible for a period of one year after the date of application for financial eligibility unless there is a change in the individual's family size pursuant to Rule .0204 of this Subchapter or his family's financial resources or expenses during that period. If there is a change, financial eligibility for payment program benefits must be redetermined. Financial eligibility must be redetermined at least once a year.

(k) For purposes of the Kidney Program and HIV Medications Program, once an individual is determined to be financially eligible, if the application for financial eligibility was received by the Department in the fourth quarter of the fiscal year, the individual remains financially eligible for benefits until the end of the next fiscal year unless there is a change in the individual's family size pursuant to Rule .0204 of this Subchapter or his family's financial resources or expenses during that period.

(l) Children eligible for Children's Special Health Services Program benefits under Paragraph (f) of this Rule are financially eligible for a service if they were Medicaid eligible on the date the requested service was initiated.

(m) If the most current financial eligibility form on file with the Department shows that the patient was financially eligible on the date an Authorization Request for payment for drugs was received, the Authorization Request shall be approved so long as the Authorization Request is received less than 30 days prior to the expiration of financial eligibility and the authorized service does not extend more than 30 days after the expiration of financial eligibility.

History Note: Authority G.S. 130A 4.2; 130A 5(3); 130A 124; 130A 127; 130A 129; 130A 205;

Eff. July 1, 1981;

Amended Eff. July 1, 1986; April 1, 1984; July 1, 1983; October 1, 1982;

Transferred and Recodified from 10 NCAC 4C .0202 Eff. April 4, 1990;

Temporary Amendment Eff. August 9, 1993 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. January 1, 1996; July 1, 1995; April 1, 1995; October 1, 1994;

Temporary Amendment Eff. July 1, 1997; April 1, 1997; March 1, 1997;

Amended Eff. August 1, 1998;

Temporary Amendment Eff. November 1, 2006;

Amended Eff. October 1, 2007;

Temporary Amendment Eff. October 1, 2008.

This Section contains information for the meeting of the Rules Review Commission on Thursday September 18, 2008 10:00 a.m. at 1307 Glenwood Avenue, Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners. Specific instructions and addresses may be obtained from the Rules Review Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at least 24 hours prior to the meeting.

RULES REVIEW COMMISSION MEMBERS

Appointed by Senate

Appointed by House

Jim R. Funderburke - 1st Vice Chair

Jennie J. Hayman - Chairman

David Twiddy - 2nd Vice Chair

John B. Lewis

Keith O. Gregory

Clarence E. Horton, Jr.

Jerry R. Crisp

Daniel F. McLawhorn

Jeffrey P. Gray

RULES REVIEW COMMISSION MEETING DATES

October 16, 2008 November 20, 2008

December 18, 2008 January 15, 2009

RULES REVIEW COMMISSION

September 18, 2008

MINUTES

The Rules Review Commission met on Thursday, September 18, 2008, in the Assembly Room of the Methodist Building, 1307 Glenwood Avenue, Raleigh, North Carolina. Commissioners present were: Jerry Crisp, Jim Funderburk, Jeff Gray, Jennie Hayman, Clarence Horton, and Dan McLawhorn.

Staff members present were: Joseph DeLuca and Bobby Bryan, Commission Counsel, and Dana Vojtko, Publications Coordinator.

The following people were among those attending the meeting:

Catherine Blum DENR/Division of Marine Fisheries

L.V. Taylor Wake County Resident

Robert M. Ward City of Burlington

Ray Starling Department of Agriculture and Consumer Services

Lee Hunter Department of Agriculture and Consumer Services

Howard Isley Department of Agriculture and Consumer Services

S.C. Kitchen Durham County Attorney

Lisa Johnson DHHS/Social Services Commission

Bob Hensley DHHS/Social Services Commission

Sharon Thompson Johnston Community College

Rose May Westbrook Johnston Community College Student

Kristie Bradshaw Johnston Community College Student

Tori Ham Johnston Community College Student

Robin Warren Johnston Community College Student

Yolanda George Johnston Community College Student

Charles Brown Town of Cary

Palmer Sugg Broughton Wilkins

Linda Burhans Board of Nursing

Jean Stanley Board of Nursing

David Kalbacker Board of Nursing

Nadine Pfeiffer DHHS/Division of Health Service Regulation

William L. Warren DHHS/Division of Health Service Regulation - Construction

Kenney McDowell City of Greensboro

Ellen Sprenkel Department of Insurance

Walter L. James Department of Insurance

Lisa Martin NC Home Builders Association

Rich Carpenter DENR/Division of Marine Fisheries

Cady Thomas NC Association of Realtors

Tony Arnold DENR/Division of Environmental Health

Nancy Pate Department of Environment and Natural Resources

Jason Robinson DENR/Division of Water Quality

Rich Gannon DENR/Division of Water Quality

Joan Troy DENR/Wildlife Resources Commission

Erin Gould Department of Labor

Bill Lane Kilpatrick Stockton

John Cox City of Durham

Paula Slonoker Triad Real Estate and Building Industry Coalition (TREBIC)

Charles Wilkins Broughton Wilkins

Will Crumbley Office of State Budget and Management

Ed McLenaghan Office of State Budget and Management

Kathryn Jones Cooper Department of Justice

Josephine Kerr Department of Justice

E. Ann Christian American Massage Therapy Association of NC

Barry Smith Freedom Newspaper

Jack Nichols Board of Nursing

Elaine Chiosso Haw River Assembly

Donald W. Laton Department of Justice

Paul Meyer NC Association of County Commissioners

Kim Hibbard NC League of Municipalities

APPROVAL OF MINUTES

The meeting was called to order at 10:05 a.m. with Ms. Hayman presiding. She reminded the Commission members that they have a duty to avoid conflicts of interest and the appearances of conflicts as required by NCGS 138A-15(e). Chairman Hayman asked for any discussion, comments, or corrections concerning the minutes of the August, 21 2008 meeting. There were none and the minutes were approved as distributed.

FOLLOW-UP MATTERS

10A NCAC 46 .0301 - Commission for Public Health. The Commission approved the rewritten rule submitted by the agency.

10A NCAC 70F .0102, .0201, .0202 - Social Services Commission. The Commission approved the rewritten rules submitted by the agency.

10A NCAC 70G .0501, .0503, .0510, .0512 - Social Services Commission. The Commission approved the rewritten rules submitted by the agency.

10A NCAC 70H .0401, .0406 - Social Services Commission. The Commission approved the rewritten rules submitted by the agency.

10A NCAC 70I .0405, .0604, .0613, .0901 - Social Services Commission. The Commission approved the rewritten rules submitted by the agency.

10A NCAC 70K .0101, .0103, .0201, .0204, .0301 - Social Services Commission. The Commission approved the rewritten rules submitted by the agency.

15A NCAC 02B .0262-.0273 – Environmental Management Commission. The review of these rules was displaced until the end of the meeting.

15A NCAC 03I .0101 - Marine Fisheries Commission. The Commission approved the rewritten rule submitted by the agency.

15A NCAC 03O .0201 - Marine Fisheries Commission. The Commission approved the rewritten rule submitted by the agency.

21 NCAC 30 .0201, .0516 - Board of Massage and Bodywork Therapy. The Commission approved the rewritten rules submitted by the agency.

IPC 302.1: NC Building Code Council – Detrimental or Dangerous Materials – No rewritten rule has been submitted and no action was taken.

LOG OF FILINGS

Chairman Hayman presided over the review of the log of permanent rules.

All rules were approved unanimously with the following exceptions:

02 NCAC 52J .0401: Board of Agriculture – This rule was approved contingent on receipt of a technical change in line 13 changing ";not"; to ";no";. The change has been received.

02 NCAC 52J .0602: Board of Agriculture - The Commission extended the period of review to give the agency an opportunity to add language to the rule ensuring that the documents incorporated by reference in Rule .0401 also apply to this rule.

Veronica Taylor, a Wake County resident, spoke in opposition to Rule .0602. Ray Starling and Lee Hunter spoke from the agency.

The Commission has received requests from more than 10 persons clearly requesting legislative review of all of the rules from the Board of Agriculture and they are therefore subject to a delayed effective date.

21 NCAC 36 .0318: Board of Nursing - The Commission objected to this Rule based on lack of statutory authority and ambiguity. It is not clear when certain nursing school faculty members must meet the requirements of (e)(3). It is also unclear whether the agency intends for the rule to apply to faculty members hired after July 1, 2006 and before the effective date of these amendments. Paragraphs (e)(3) and (4) became effective July 1, 2006. As they are currently written, the portion of the rule requiring compliance by December 31, 2010, applies to only those members who were faculty on the date the rule became effective. New faculty members would continue to have three years after they were hired to comply with the rule. The intent of (e)(3) and the proposed amendment to (e)(4) taken together appear to mean that all faculty members, even those employed less than three years, must complete the (e)(3) requirements by Dec. 31, 2010. That would also mean that the three years allowance in (e)(3) would not apply to faculty hired after December 31, 2007. All faculty would have to meet the requirements of (e)(3) by December 31, 2010, regardless of date of hire. But then the rule has a retroactive effect, at least as to any faculty hired after December 31, 2007 and before this rule becomes effective. It will shorten the three year period those hires had to comply with (e)(3). There is no authority cited to change the rule and apply it to faculty hired before the effective date of this rule.

TEMPORARY RULES

Chairman Hayman presided over the review of the temporary rule. The rule was approved unanimously.

The meeting recessed for a short break at 11:00 a.m. and reconvened at 11:10 a.m.

FOLLOW-UP MATTERS (cont.)

15A NCAC 02B .0262-.0273 – Environmental Management Commission. The Commission took the following action concerning each of these rules. Except where another or additional action is noted, the Commission extended the period of review on all aspects of these rules in order to further study the authority for these rules, especially the rules relating to the requirements to retrofit existing development to deal with stormwater and nutrient loading. There were also either no motions or no majorities to approve or object to the revised rules submitted for the September RRC review.

15A NCAC 02B .0262 – The Commission extended the period of review of this rule. Commissioner Gray voted against the motion. The agency also needs to make the technical change requested by staff in new item (3), page 2 line 10, by changing “first” to “second.”

15A NCAC 02B .0263 – The Commission objected to this rule based on ambiguity or lack of authority. It is not clear that this rule in item (10) merely attempts to summarize current North Carolina law concerning vested rights and existing development or is attempting to redefine it. It is not consistent with current North Carolina law in that in the first line of (10)(a) it recognizes vested rights under N.C. zoning law but fails to recognize them under N.C. development law. To the extent this rule might be attempting to redefine North Carolina law in this regards, there is no authority to do so.

15A NCAC 02B .0264 – The Commission extended the period of review of this rule. The agency also needs to make the technical change requested by staff in (1) line 11 and remove “six to” as unnecessary and not a requirement. The agency also needs to determine whether it needs to add S.L. 2006-259 as statutory authority to the history note.

15A NCAC 02B .0265 – The Commission objected to (3)(a)(iv), page 2 lines 27 – 31 of this rule, based on ambiguity. It is unclear how this “guidance,” requiring certain methods of stormwater runoff treatment, is to be enforced. Since the agency has not incorporated this by reference, it appears that the agency has no authority to enforce it. If they have no enforcement authority it is unclear what the affect of such a requirement would be. The Commission also objected to (4)(a) especially lines 31 and 32 in that it is unclear whether the agency intends to restrict itself to only the “criteria described in Item (3) of this rule” or whether any other criteria, either in these rules, other rules or law, or even criteria not embodied in any other rule or law could also be included in the model program and ordinance. Rich Gannon, Kathryn Cooper, and Jane Oliver spoke in favor of this rule. Chuck Kitchen, Kenny McDowell, Charles Wilkins, and Lisa Martin spoke in opposition to this rule.

15A NCAC 02B .0266 – The Commission extended the period of review of this rule with Commissioners Gray and Crisp opposed to the motion. The agency also needs to comply with the technical change request pertaining to inserting in (4)(c), page 5 line 24, “and model ordinance” after “program.” Rich Gannon, Kathryn Cooper, and Elaine Chiosso spoke in favor of this rule. Chuck Kitchen, Cady Thomas, Bill Lane, Lisa Martin, John Cox, and Kenny McDowell spoke in opposition to this rule.

15A NCAC 02B .0267 – The Commission extended the period of review of this rule.

15A NCAC 02B .0268 – The Commission extended the period of review of this rule. The agency also needs to make the technical change requested by staff in item (1) line 7 and change “purposes … is” to “purposes … are” or “purpose is.” Commissioner McLawhorn specifically mentioned that he believed the agency’s explanation concerning the application of mitigation burden and benefit satisfied him and he was satisfied there was no longer any problem with this rule as to that issue.

The meeting recessed for a short break at 1:46 p.m. and reconvened at 2:00 p.m.

15A NCAC 02B .0269 – The Commission extended the period of review of this rule.

15A NCAC 02B .0270 – The Commission objected to this rule based on ambiguity. It remains unclear what the intent of the agency is concerning modifications of NPDES permits, especially in item (6) (and wherever else there might be any mention of, reference to, or effect on an NPDES permit). There was no specific discussion concerning the other substantive objections made in July. Chuck Kitchen spoke in opposition to this rule.

15A NCAC 02B .0271 – The Commission extended the period of review of this rule.

15A NCAC 02B .0272 – The Commission extended the period of review of this rule. The agency still needs to make a technical change in (2)(d), page 1 line 6 and page 2 line 1 by changing “lands … land” to either singular or plural, not each one.

15A NCAC 02B .0273 – The Commission extended the period of review of this rule.

COMMISSION PROCEDURES AND OTHER BUSINESS

The Commissioners by consensus authorized the staff to schedule an orientation and general business meeting for the day prior to either the October or November meeting.

The meeting adjourned at 2:27 p.m.

The next scheduled meeting of the Commission is Thursday, October 16, 2008 at 10:00 a.m.

Respectfully Submitted,

Dana Vojtko

Publications Coordinator

List of Approved Permanent Rules

September 18, 2008 Meeting

Agriculture, Board of

Adoption by Reference

02

NCAC

52J

.0401

Authorized Persons

02

NCAC

52J

.0402

Definitions

02

NCAC

52J

.0403

Certification Requirements for Euthanasia Technicians

02

NCAC

52J

.0404

Certification Standards

02

NCAC

52J

.0405

Application Requirements

02

NCAC

52J

.0406

Training and Examinations

02

NCAC

52J

.0407

Trainers

02

NCAC

52J

.0408

Probationary Euthanasia Technicians

02

NCAC

52J

.0409

Exam Required

02

NCAC

52J

.0410

New Application

02

NCAC

52J

.0411

Issuance of Certification

02

NCAC

52J

.0412

Length of Certification

02

NCAC

52J

.0413

Termination of Employment

02

NCAC

52J

.0414

Notice of Termination

02

NCAC

52J

.0415

Recertification

02

NCAC

52J

.0416

Certification Renewal

02

NCAC

52J

.0417

Duties

02

NCAC

52J

.0418

Grounds for Discipline - Certified Euthanasia Technicians

02

NCAC

52J

.0419

Intracardiac Injection

02

NCAC

52J

.0501

Carbon Monoxide Equipment

02

NCAC

52J

.0601

Dead Animals

02

NCAC

52J

.0603

Individual Separation

02

NCAC

52J

.0604

Chamber Requirements

02

NCAC

52J

.0605

Inspections and Records

02

NCAC

52J

.0606

Cleaning Chamber

02

NCAC

52J

.0607

Operational Guides and Instruction Manuals

02

NCAC

52J

.0608

Persons Required to be Present

02

NCAC

52J

.0609

Methods of Euthanasia Permitted Under Extraordinary Circu...

02

NCAC

52J

.0701

Gunshot or Other Methods

02

NCAC

52J

.0702

Methods and Standards

02

NCAC

52J

.0703

Technician Not Required

02

NCAC

52J

.0704

Reports

02

NCAC

52J

.0705

Manual Required

02

NCAC

52J

.0801

Contents

02

NCAC

52J

.0802

Additional Contents

02

NCAC

52J

.0803

Medical Care Commission

Required Spaces

10A

NCAC

13D

.3201

Public Health, Commission for

Minimum Standard Health Department: Staffing

10A

NCAC

46

.0301

Social Services Commission

Licensure

10A

NCAC

70F

.0102

Governance

10A

NCAC

70F

.0201

Responsibilities of the Governing Body

10A

NCAC

70F

.0202

Personnel

10A

NCAC

70G

.0501

Placement Services

10A

NCAC

70G

.0503

Medication Administration Requirements

10A

NCAC

70G

.0510

Physical Restraining Holds, Behavior Management and Disci...

10A

NCAC

70G

.0512

Personnel

10A

NCAC

70H

.0401

Notification Regarding Preplacement Assessment

10A

NCAC

70H

.0406

Personnel Positions

10A

NCAC

70I

.0405

Health Services

10A

NCAC

70I

.0604

Discipline and Behavior Management

10A

NCAC

70I

.0613

Application of Physical Plant Requirements

10A

NCAC

70I

.0901

Definition

10A

NCAC

70K

.0101

Licensing Actions

10A

NCAC

70K

.0103

Personnel

10A

NCAC

70K

.0201

Program of Care

10A

NCAC

70K

.0204

Application of Physical Plant Requirements

10A

NCAC

70K

.0301

Insurance, Department of

Calculation Procedure and Data Requirements for Rate Devi...

11

NCAC

16

.0403

Maximum Net Retention Standard

11

NCAC

18

.0118

Labor, Department of

Shop Inspections and National Board R Stamp Qualification...

13

NCAC

13

.0210

Standards

13

NCAC

13

.0701

Environment and Natural Resources, Department of

Scope of Delegated Authority

15A

NCAC

01O

.0101

Eligibility for Delegation of Authority

15A

NCAC

01O

.0102

Delegation of Authority

15A

NCAC

01O

.0103

Marine Fisheries Commission

Definitions

15A

NCAC

03I

.0101

Standards for Shellfish Bottom and Water Column Lease

15A

NCAC

03O

.0201

Application Process

15A

NCAC

03O

.0402

Eligibility Criteria

15A

NCAC

03O

.0404

Massage and Bodywork Therapy, Board of

Application and Scope

21

NCAC

30

.0201

Treatment in Body Cavities

21

NCAC

30

.0516

Administrative Hearings, Office of

Location

26

NCAC

01

.0101

Scope and Availability

26

NCAC

02C

.0401

Content and Filing Procedures

26

NCAC

04

.0202

List of Approved Temporary Rules

September 18, 2008 Meeting

Public Health, Commission for

Determination of Financial Eligibility

10A

NCAC

45A

.0202

This Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 431-3000. Also, the Contested Case Decisions are available on the Internet at /hearings.

OFFICE OF ADMINISTRATIVE HEARINGS

Chief Administrative Law Judge

JULIAN MANN, III

Senior Administrative Law Judge

FRED G. MORRISON JR.

ADMINISTRATIVE LAW JUDGES

Beecher R. Gray Randall May

Selina Brooks A. B. Elkins II

Melissa Owens Lassiter Joe Webster

Don Overby Shannon Joseph

CASE DATE OF PUBLISHED DECISION

AGENCYNUMBERALJDECISIONREGISTER CITATION

ALCOHOL BEVERAGE CONTROL COMMISSION

Partnership T/A C Js Lounge v. ABC Commission 07 ABC 0201 Overby 03/11/08

ABC Commission v. Rainbow Enterprises, Inc T/A Club N Motion 07 ABC 1532 Gray 06/20/08 23:05 NCR 489

Benita, Inc., T/A Pantana Bob's v. ABC Commission 07 ABC 1584 Overby 04/21/08 23:01 NCR 141

Original Grad, Inc/ T/A Graduate Food and Pub 07 ABC 1648 Joseph 02/25/08

N.C. Alcoholic Beverage Control Commission v. Feest Inc. 07 ABC 2135 Gray 09/12/08

T/A Spankys Sports Bar and Grill

AM Enterprises of Fayetteville, Inc., T/A Izzy's Sports Bar v. ABC 08 ABC 0371 Lassiter 06/13/08

Commission

Bhavesh Corporation, T/A K&B Foomart v. ABC Commission 08 ABC 0508 Overby 05/19/08

CRIME VICTIMS COMPENSATION

Patricia Ginyard v. Crime Victim Compensation Commission 06 CPS 1720 Gray 05/27/08

Carrie R. McDougal v. Victims Compensation Services Division 07 CPS 1970 Elkins 05/23/08

Taereka S Johnson v. NC Crime Victims Compensation Commission 08 CPS 0402 Morrison 08/08/08

Rich's Towing and Service Inc. v. NC Department of Crime Control 08 CPS 0698 May 08/13/08

And Public Safety, Division of State Highway Patrol, Motor Carrier

Enforcement Section

Steel Supply and Erection Co., Department of Crime Control and Public

Safety, Division of State Highway Patrol and Department of Revenue 08 CPS 0777 Overby 05/29/08

Randy S. Griffin v. NC Crime Victims Compensation Commission 08 CPS 0995 May 09/11/08

Interstate Crushing Inc. v. NC Dept. of Crime Control and Public 08 CPS 1086 Overby 09/29/08

Safety, Division of State Highway Patrol, Motor Carrier

Enforcement Section

Sterett Equipment Company LLC v. N.C. Dept. of Crime Control 08 CPS 1206 Overby 09/29/08

And Public Safety, Division of State Highway Patrol, Motor

Carrier Enforcement Section

Bertrand E. Dupuis d/b/a New England Heavy Hauling v. N.C. 08 CPS 1207 Overby 09/29/08

Department of Crime Control and Public Safety, Division of

State Highway Patrol, Motor Carrier Enforcement Section

Bulldog Erectors, Inc v. N.C. Department of Crime Control and 08 CPS 1208 Overby 09/29/08

Public Safety, Division of State Highway Patrol, Motor

Carrier Enforcement Section

Continental Machinery Movers Inc. v. N.C. Department of Crime 08 CPS 1209 Overby 09/29/08

Control and Public Safety, Division of State Highway Patrol,

Motor Carrier Enforcement Section

Michael Alan Moore v. Crime Victims Compensation Commission 08 CPS 1478 Lassiter 09/08/08

SOOF Trucking, Ray Charles Solomon v. Secretary of Crime Control 08 CPS 1526 Overby 09/09/08

And Public Safety

A list of Child Support Decisions may be obtained by accessing the OAH Website: /hearings/decisions/

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Gloria McNair Jean's Jewels v. Div. of Child Development, DHHS 06 DHR 0633 Lassiter 07/11/08

Gloria McNair Jean's Jewels v. Div. of Child Development, DHHS 06 DHR 1350 Lassiter 07/11/08

Character Builders, Inc., Clavon Leonard v. DMA, Developmental 07 DHR 0124 Elkins 08/07/08

Disabilities and Substance Abuse Services

Character Builders, Inc., Clavon Leonard v. DMA, Developmental 07 DHR 0125 Elkins 08/07/08

Disabilities and Substance Abuse Services

Arthur Burch and Margaret and Burch v. Department of Health and 07 DHR 0242 Brooks 04/30/08

Human Services

The ";M"; Company LLC, v. DHHS, DMA, Program Integrity 07 DHR 0429 Webster 05/29/08

Judy E. Pettus v. Office of Chief Medical Examiner, Thomas B. Clark, 07 DHR 0535 Webster 05/05/08

Iii, Md, Pathologist

Alterra Clare Bridge of Asheville v. DHHS, DFS, Adult Care 07 DHR 0914 Gray 06/06/08

Licensure Section

Shirley Brooks Dial v. Health Care Personnel Registry 07 DHR 0931 Webster 02/27/08

Midtown Food Mart #2, Kerab Giebrehiwot, Mehreteab Wooldeghebibel 07 DHR 1044 Webster 04/25/08

and Fesseha Zeru

Midtown Food Mart III, Chenet Haileslassi and Fesseha Zeru v. DHHS 07 DHR 1045 Webster 04/28/08

Carolyn E. Reed v. DHHS, Division of Social Services Program Integrity 07 DHR 1214 Webster 07/21/08

AFDC/Work First

Mrs. Elizabeth Futrell v. Value Options 07 DHR 1331 Lassiter 06/09/08

Cornell Jones v. DHHS, Division of Health Services Regulation 07 DHR 1399 Joseph 04/22/08

Dianetta Foye v. Division of Child Development, DHHS, Services 07 DHR 1440 Joseph 05/07/08

Rufus Patrick Devers v. DHHS, Division of Health Service Regulation 07 DHR 1442 Joseph 05/29/08

Health Care Personnel Registry

Ray Dukes, Bright Future Learning Center v. DHHS, Division of Public 07 DHR 1473 Joseph 04/08/08

Health, Child and Adult Care Food Program

Hospice of the Piedmont, Inc., v. DHHS, Division of Health Service 07 DHR 1617 Elkins 05/21/08

Regulation, Licensure and Certification Section and DHHS,

Division of Health Service Regulation, CON Section

Janice Addison v. Value Options 07 DHR 1618 Webster 05/16/08

Donna Hicks Crocker v. DHHS/DMA 07 DHR 1629 Joseph 08/01/08

Rebecca Dehart v. DHHS, Division of Health Service Regulation 07 DHR 1650 Elkins 05/21/08

Health Care Personnel Registry Section

Ellen Brown v. DHHS, Division of Health Service Regulation, Health 07 DHR 1651 Elkins 05/21/08

Care Personnel Registry Section

Joann Lennon v. Value Options Medicaid 07 DHR 1770 Webster 05/16/08

Angeline Currie v. DHHS 07 DHR 1986 Elkins 06/04/08

Tameala Jones v. OAH 07 DHR 1993 Webster 05/16/08

Dianetta Foye v. Division of Child Development, DHHS, Services 07 DHR 2020 Joseph 05/07/08

Lashauna Reid v. CCMHC (PFCS-Service Provider) 07 DHR 2039 Elkins 08/05/08

Family & Youth Services, Inc. Angela Ford, President v. DHHS, 07 DHR 2057 Webster 05/16/08

Division of Medical Assistance Provider Services

Yolanda Jones v. DHHS, Adult Licensure Section 07 DHR 2081 Webster 05/16/08

Tianna Troy Legal guardian Mother Traci Lookadoo v. Value Option 07 DHR 2087 Elkins 05/23/08

Gary Carlton, Sr., v. DHHS 07 DHR 2099 Brooks 07/10/08

Alexis Ford/Linda M McLauglin v. DHHS 07 DHR 2111 Elkins 06/04/08

Roger Houston v. DHHS, Div. of Health Service Regulation 07 DHR 2176 Gray 07/08/08

Dorothy L. Davis v. OAH 07 DHR 2179 May 07/02/08

Kevin McMillian/Linda M McLaughlin v. DHHS 07 DHR 2239 Elkins 06/04/08

Maurisha Bethea/Linda McLaughlin v. DHHS 07 DHR 2240 Elkins 06/04/08

Anna Fields v. Value Options 07 DHR 2326 Joseph 06/02/08

Larry Hopper v. DHHS 07 DHR 2356 May 06/20/08

Shelby Davis v. DHHS 08 DHR 0014 Lassiter 05/09/08

Hellon P. Johnson v. DHHS 08 DHR 0020 May 07/03/08

Lenora King v. DHHS 08 DHR 0034 Joseph 05/01/08

Forest Mewborn v. Health Care Personnel Registry 08 DHR 0043 Elkins 05/23/08

Wilma Jackson v. Value Options 08 DHR 0082 Joseph 06/02/08

Carmelita Wiggins v. Value Options 08 DHR 0198 Webster 05/16/08

Murphy's Outreach Community Developmental Services, Inc, d/b/a 08 DHR 0220 Joseph 07/22/08

Outreach Home Health

Lisa Helms v. DHHS 08 DHR 0255 Overby 06/17/08

Pearlene Johnson Ivery v. DMA, Third Party Recovery (Medicaid) 08 DHR 0286 Brooks 07/07/08

Mamauie Aytch v. DHHS 08 DHR 0325 Elkins 05/23/08

Brenda McGilvary v. DHHS, Division of Social Services 08 DHR 0384 Webster 08/05/08

Fannie M. Wilson v. OAH 08 DHR 0393 Webster 06/17/08

Angela D Seabrooks/The Jabez House LLC v. DHHS/Division of Mental 08 DHR 0403 Joseph 06/09/08

Health, Developmental and Substance Abuse Services, The Guilford

Center

William McCray Pretty v. DHHS, Division of Facility Services 08 DHR 0411 Webster 06/12/08

Focus Health Services, Inc. via Annette Johnson, Owner Operator v. 08 DHR 0442 Gray 06/12/08

North Carolina Department of Health and Human Services and

Albemarle Mental Health Center for Developmental

Disabilities and Substance Abuse Services

Earline Ross (Quentin Galloway) v. DHHS (Medicaid) 08 DHR 0549 May 06/09/08

Frances Milligan v. DHHS 08 DHR 0566 May 06/19/08

Betty Williams v. DHHS 08 DHR 0570 Joseph 06/02/08

Susan Nelson v. Medicaid 08 DHR 0573 May 06/09/08

Brent Morris Per Dedrea Moors (Mother) v. Priscilla Valet, DMA 08 DHR 0585 May 06/09/08

Brenda M. Finney v. Medicaid 08 DHR 0586 Joseph 06/09/08

Allred & Allred Day Care Center, Inc. v. N.C. Department of 08 DHR 0617 May 06/04/08

Health and Human Services, Division of Public Health, Child

And Adult Care Food Program

Lakeva Robinson v. DMA/Value Options 08 DHR 0625 May 05/28/08

Ronald Lee Young v. N.C. Department of Health and Human 08 DHR 0631 Joseph 07/21/08

Services

Tina Miller v. OAH, DHHS 08 DHR 0661 Lassiter 06/10/08

Doris Harris v. Division of Child Development 08 DHR 0710 May 07/02/08

Michelle D. Mills v. DHHS, Division of Health Service Regulation 08 DHR 0712 Joseph 06/09/08

Trena Ellis v. DHHS 08 DHR 0730 Lassiter 07/03/08

Faith Davis v. Pride in North Carolina Value Options 08 DHR 0746 Overby 05/28/08

Evonne Neal v. Medicaid 08 DHR 0748 May 06/20/08

Maria Dejesus Ruiz La Vaca Ramona v. N.C. Department of 08 DHR 0760 Overby 07/24/08

Health and Human Services

Ray C. Price v. DHHS, Office of the Controller 08 DHR 0767 Brooks 07/07/08

Cheryl I Rice v. DHHS 08 DHR 0793 Overby 07/10/08

Destiny A Taylor v. Division of Child Development 08 DHR 0794 Gray 07/21/08

Mary Ada Mills, Mary M. Mills MSA FCH v. Adult Care Licensure 08 DHR 0808 May 08/26/08

Lula Bowden v. OAH 08 DHR 0852 May 06/20/08

Donovan Harris v. Value Options 08 DHR 0894 May 06/19/08

Gabrielle Lloyd v. DHHS, Division of Health Service Regulation 08 DHR 0905 May 09/22/08

Janice Chavis v. DHHS 08 DHR 0923 Lassiter 05/19/08

Frankie Nicole Carter v. DHHS, Division of Health Service Regulation 08 DHR 0929 Brooks 06/19/08

Christine Maria Plyer v. Medicaid Reimbursement 08 DHR 0949 Mann 06/18/08

Margaret Mubanga v. NC Department of Health and Human Services 08 DHR 0961 Gray 08/25/08

Evangeline Ingram v. Value Options 08 DHR 0997 Gray 06/10/08

Marcia Veronica Harris v. Department of Health and Human 08 DHR 0169 Lassiter 08/11/08

Services, Division of Health Service Regulation

Maureen Jordan parent of Destinne Jordan v. Value Options 08 DHR 1005 Gray 06/19/08

Triangle Alternative Inc. Dorothy George v. Office of 08 DHR 1012 May 07/21/08

Administrative Hearings

Terrie P Hill dba Positive Care MHL 041-595 2203 Wanda Drive v. 08 DHR 1015 Lassiter 09/12/08

N.C. Department of Health and Human Services, Division of

Health Service Regulation, Mental Health Licensure and Certification

Section

Terrie P Hill dba Positive Care II MHL 041-633 3406 Fern Place v. 08 DHR 1016 Lassiter 09/12/08

NC Department of Health and Human Services, Division of

Health Service Regulation, Mental Health Licensure and

Certification Section

Terrie P Hill dba Positive Care II MHL 041-765 3406 Fern Place v. 08 DHR 1017 Lassiter 09/12/08

NC Department of Health and Human Services, Division of

Health Service Regulation, Mental Health Licensure and Certification

Section

Mario Jackson v. DHHS 08 DHR 1024 Overby 06/19/08

Edwin F Clavijo, El Exito v. NC Department of Health and Human 08 DHR 1034 Lassiter 09/15/08

Services, Division of Public Health, Nutrition Services Branch

Linda F. Ellison v. NC Department of Health and Human 08 DHR 1035 Joseph 07/09/08

Services and or EDS

Doris Smith v. Health Care Personnel Registry 08 DHR 1238 Brooks 08/08/08

Martha Washington Harper v. DSS 08 DHR 1041 Brooks 06/23/08

Mary K. Tulay v. DHHS 08 DHR 1055 Joseph 07/09/08

Gwendolyn F. Gulley v. NC Department of Health and Human 08 DHR 1062 Overby 09/09/08

Services, Division of Health Service Regulation, Adult Care

Licensure Section

Rhonda Jones v. Value Options 08 DHR 1064 Webster 07/18/08

One Love Developmental Services v. Division of Health Service 08 DHR 1068 Lassiter 07/25/08

Regulation, Department of Health and Human Services

Jona Turner v. Office of Administrative Hearings 08 DHR 1092 Webster 07/18/08

Tonia Chatman Davis v. N.C. Department of Health and Human 08 DHR 1141 Lassiter 07/28/08

Services

Mary M. Branch v. North Carolina Dept of Health and Human 08 DHR 1174 Elkins 08/11/08

Services, Value Options

Haywood Miller, Bobby Jean Graves Miller v. DHHS, Mental Health 08 DHR 1181 Overby 07/01/08

Licensure Certification Section

Jan Williams v. Value Options, DHHS 08 DHR 1231 Overby 07/09/08

Heather Peete v. OAH 08 DHR 1281 Lassiter 07/02/08

Ann Moody v. DHHS 08 DHR 1299 Webster 07/18/08

Khahada Kirby v. Value Options 08 DHR 1310 Webster 07/18/08

Amir Abusamak v. N.C. Department of Health and Human Services 08 DHR 1325 Gray 07/16/08

Big Z Supermarket, Abdul Hamdan v. Cory Menees, NC Dept. of 08 DHR 1343 Overby 08/27/08

Health and Human Services

Alesia Alwahishi dba Brotherhood Market 08 DHR 1356 Gray 07/22/08

Nigel Brown v. Value Options 08 DHR 1358 Gray 08/29/08

Michael Grondahl v. DHHS 08 DHR 1491 Gray 08/01/08

Tyechia Jones v. Value Options/DHHS 08 DHR 1492 Mann 09/18/08

Kelly A Schofield MD – Clinical Director Youth Quest Inc. v. 08 DHR 1505 Lassiter 09/08/08

N.C. Department of Health Service Regulation, Mental Health

Licensure and Certification Section

Edward Kenneth Smith v. NC Department of Health and Human 08 DHR 1537 Lassiter 09/16/08

Services, Division of Health Service Regulation

Elsie Mae Joiner v. Health Care Registry DHHS 08 DHR 1560 Lassiter 09/11/08

Margaret Brack for Elgin Brack v. Value Options Emery Milliken 08 DHR 1576 Lassiter 08/27/08

DHHS

Evans Momanyi Mose v. DHHS, Division of Health Service 08 DHR 1591 Webster 10/01/08

Regulation

Draughton's Supermarket, Betty Draughton v. Cumberland 08 DHR 1592 Gray 08/25/08

County Health Dept. WIC Office

Tyvonne Sheri Glenn v. Value Options 08 DHR 1628 May 09/19/08

Amanda Hennes v. N.C. Department of Health and Human Services 08 DHR 1696 Gray 09/22/08

Bobbie L Cribb v. Office of Administrative Hearings 08 DHR 1714 Gray 09/08/08

Irene McLendon/Mikala McLendon v. Value Options 08 DHR 1722 Webster 10/01/08

Keyanna Byrd v. DHHS 08 DHR 1751 Webster 10/01/08

Joshua Dmae Thompson (Consumer) Sebrena Yvett 08 DHR 1844 Webster 10/01/08

Thompson (Mother) v. Department of Mental Health

DEPARTMENT OF JUSTICE

Dallas Ray Joyner v. Criminal Justice Education and Training Standards 07 DOJ 0719 Overby 04/15/08

Commission

Richard Junior Hopper v. Private Protective Services Board 07 DOJ 1071 Webster 02/21/08

Sheldon Avery McCoy v. Criminal Justice Education and Training 07 DOJ 1162 Mann 04/07/08

Standards Commission

David Steven Norris v. Private Protective Services Board 07 DOJ 1256 Elkins 04/16/08

Scott McLean Harrison v. North Carolina Criminal Justice Education 07 DOJ 1330 Webster 06/24/08

And Training Standards Commission

Brian Campbell v. Department of Justice, Company Police Program 07 DOJ 1344 Webster 02/25/08

John Mark Goodin v. Alarm Systems Licensing Board 07 DOJ 1405 Lassiter 04/04/08

James Lee Rodenberg v. Depart. of Justice, Company Police Program 07 DOJ 1434 Webster 02/25/08

Michael L. Scriven v. Private Protective Services Board 07 DOJ 1483 Elkins 03/25/08

Lamuel Tommy Andersonv. North Carolina Department of Justice 07 DOJ 1500 Joseph 06/03/08

Campus Police Program

Roger Wayne Mungo, Jr., Sheriffs' Education and Training Standards 07 DOJ 1510 Overby 05/19/08

Commission

Steven L. Haire v. North Carolina Department of Justice, Campus 07 DOJ 1558 Joseph 05/22/08

Police Program

Iris Nina Bumpass v. Criminal Justice Education and Training Standards 07 DOJ 2071 Webster 05/16/08

Commission

Michael Gerald Copeland v. Private Protective Services Board 07 DOJ 2286 Gray 07/17/08

Leigh Ann Branch v. N.C. Sheriffs’ Education and Training 08 DOJ 0177 Gray 06/23/08

Standards Commission

Jimmy Dean Poston v. N.C. Sheriffs' Education and Training 08 DOJ 0179 Webster 08/28/08

Standards Commission

Katheryn Renee Johnson v. North Carolina Sheriffs’ Education 08 DOJ 0180 Brooks 06/18/08

And Training Standards Commission

Gerald Boyce Bond, Jr. v. N.C. Sheriffs’ Education and Training 08 DOJ 0181 Gray 07/14/08

Standards Commission

Lamar Krider v. N.C. Sheriffs’ Education and Training Standards 08 DOJ 0183 Gray 06/20/08

Commission

John Edward Isaacks, Jr. v. North Carolina Sheriffs’ Education 08 DOJ 0184 May 06/18/08

And Training Standards Commission

Anthony Ray Haynie v. N.C. Sheriffs’ Education and Training 08 DOJ 0207 Brooks 08/06/08

Standards Commission

Anthony Ray Haynie v. N.C. Sheriffs’ Education and Training 08 DOJ 0532 Brooks 08/06/08

Standards Commission

Jonathan R. Elam v. Private Protective Services Board 08 DOJ 0568 Webster 05/08/08

Wilford Odell Hamlin v. Private Protective Services Board 08 DOJ 0713 Joseph 05/01/08

Stephen Joseph Ciliberti v. N.C. Private Protective Services 08 DOJ 0858 Gray 07/15/08

Board

Deborah Moore Anderson v. North Carolina Sheriffs’ Education 08 DOJ 1038 Brooks 05/28/08

And Training Standards Commission

Dustin Elvin Campbell v. Criminal Justice Education and Training 08 DOJ 1078 Lassiter 07/14/08

Standards Commission

Cynthia Kay Saintsing v. Criminal Justice Education and Training 08 DOJ 1079 Lassiter 07/14/08

Standards Commission

Timothy C. Darrh v. DHHS/Value Options 07 DOJ 1239 Overby 07/07/08

David Alan Moore v. North Carolina Private Protective Services 08 DOJ 1264 Morrison 07/21/08

Board

Gregory Alan Hooks v. NC Alarm Systems Licensing Board 08 DOJ 1265 Morrison 07/10/08

Tina Ann Ward v. N.C. Sheriffs' Education and Training Standards 08 DOJ 1273 Gray 08/29/08

Commission

DEPARTMENT OF LABOR

Sandra Leroux, Leroux Entertainment Corporation d/b/a Spectacular 08 DOL 0754 May 07/08/08

Events! V. DOL

DEPARTMENT OF TRANSPORTATION

Kevin Douglas v. Dept. of Justice Criminal Justice Standards, DMV 07 DOT 2221 Webster 05/12/08

License and Theft, Holly Springs Police Department

DEPARTMENT OF STATE TREASURER

Trevor Allan Hampton v. N.C. State Retirement Systems 07 DST 1493 Overby 09/08/08

Patricia V. Leonard v. State Treasurer/Retirement Systems Division 07 DST 1928 Lassiter 03/12/08

William S. Greene v. DST, Retirement Systems Division 08 DST 0235 Gray 07/16/08 23:05 NCR 524

Jerry Alan Reese v. DST, State and Local Finance Division and the Local 08 DST 0256 Morrison 07/25/08

Government Commission

EDUCATION, STATE BOARD OF

Bradford Dale Gulley v. Depart. of Education Attorney Generals Office 07 EDC 1486 Webster 05/16/08

Lucretia Burrus v. State Board of Education 07 EDC 2210 Webster 05/16/08

Gregory Bates v. DPI, Licensure Section 07 EDC 2238 Gray 04/30/08

Heather S. Brame v. State Board of Education 07 EDC 2287 Joseph 05/07/08

Sandra Chesser v. State Board of Education 08 EDC 0022 May 04/30/08

Terry L Moore v. N.C. Department of Public Instruction 08 EDC 0386 Morrison 07/22/08

Hubert Thomas Byrum v. Office of State Superintendent 08 EDC 0619 Gray 06/04/08

Gary Alan Cooper v. N.C. State Board of Education 08 EDC 0920 Gray 08/01/08

Selena Blad v. NC Board of Education 08 EDC 1316 Brooks 09/17/08

DEPT. OF ENVIRONMENT AND NATURAL RESOURCES

Henry S. Cowell, III and Carolyn Dressler v. DENR, Div. of Coastal 06 EHR 1185 Brooks 05/30/08 23:05 NCR 501

Management

Robin R. Moore v. DENR, Division of Waste Management 06 EHR 1479 Lassiter 03/24/08

NC Coastal Federation v. DENR, Division of Coastal Management and 07 EHR 0345 Lassiter 04/07/08

Wind over Waves, LLC

John B. Chastain, Jr., W.B. Chastain v. N.C. Department of 07 EHR 0722 Brooks 06/26/08

Environment and Natural Resources

Terry Hill DAQ 2007-015 v. DENR, Division of Air Quality 07 EHR 0937 Morrison 04/08/08

Frank Home Construction, Inc. v. Division of Water Quality 07 EHR 1061 Webster 05/12/08

Durham Land Associates LLC v. County of Durham, Engineering 07 EHR 1140 Overby 08/20/08

Department

Durham Land Associates LLC v. County of Durham, Engineering 07 EHR 1141 Overby 08/20/08

Department

Martha and Charles Morton v. N.C. Department of Environment 07 EHR 1297 Overby 06/02/08

And Natural Resources

Kenneth & Mary Anne Sutton v. DENR, Division of Coastal 07 EHR 1316 Overby 05/09/08

Management

William Lewell Huff v. N.C. Department of Environment and 07 EHR 1579 Overby 06/02/08

Natural Resources

Stridemark, LLC v. North Carolina Department of Environment and 07 EHR 1564 Webster 07/17/08

Natural Resources, Division of Air Quality

Gleason James v. Appalachian District Health Department 07 EHR 2073 Brooks 09/05/08

Frank Myers Investments, LLC v. DENR 07 EHR 2377 May 05/28/08

W Russell Overman Martin County Water & Sewer District v. DENR 08 EHR 0345 Gray 06/10/08

Public Water Supply Section

Ray Poole's Park, Jean Poole v. DENR, Public Water Supply Section 08 EHR 0563 Joseph 05/16/08

Joe S. Edge Sr. v. N.C. Department of Environment and Natural 08 HER 0757 Gray 09/17/08

Resources

Donald Lindsay v. Cherokee County Health Dept. 08 EHR 0764 Brooks 07/10/08

Joel M. Walker v. Division of Water Quality Well Contractors 08 EHR 0985 Joseph 06/11/08

Certification Commission

Eddie Verdis Hood v. N.C. Department of Environment and Natural 08 EHR 1073 Overby 07/30/08

Resources

Research Triangle Institute v. Division of Waste Management, Hazardous 08 EHR 1100 Overby 07/11/08

Waste Section, DENR

Tracie Locklear, Ammie Brewer-James, Native Designs Hair & Tanning 08 EHR 1143 Gray 7/17/08

Salon v. DENR, Health Radiation Protection

Donna C Garrett v. Cherokee County Health Dept., Environmental 08 EHR 1246 Brooks 09/09/08

Health Division

Roray Kent Mishak, Town of China Grove v. NCDENR, Public 08 EHR 1573 Brooks 09/08/08

Water Supply Section

DEPARTMENT OF INSURANCE

Sandra Vanderbeek v. Teachers' and State Employees' Comprehensive 07 INS 1130 Overby 03/12/08

Major Medical Plan

Alesha D Carter v. State Health Plan 07 INS 1858 Lassiter 05/19/08

MISCELLANEOUS

Kevin Edral Douglas v. Wake County District Attorney, DMV 07 MIS 1976 Webster 05/12/08

Jeannie L Day v. City of Asheville Control, Brenda Sears Officer 08 MIS 0895 Brooks 08/18/08

White

Promise Land Ministries Inc., Joel K. Wilson v. Mitchell 08 MIS 1447 May 09/17/08

County Tax Assessor and Board of Equalization

OFFICE OF STATE PERSONNEL

Marsha A Early v. Durham County Department of Social Services 01 OSP 0279 Lassiter 04/02/08

Scott Burgess v. N.C. Department of Crime Control and 07 OSP 0052 Gray 07/16/08

Public Safety, N.C. Highway Patrol

Divina P. Shields v. North Carolina State University 07 OSP 0317 Lassiter 07/11/08

Jacqueline B. Maynard v. UNC 07 OSP 0575 Webster 04/08/08

Warren R. Follum v. NCSU 07 OSP 0577 Webster 03/21/08

Sharon P. House v. UNC 07 OSP 0630 Webster 04/08/08

Pam Moses v. Macon County Health Department 07 OSP 0945 Overby 06/30/08

Cassandra F. Barner v . Halifax County Department of Social Serv. 07 OSP 1186 Joseph 05/16/08 23:05 NCR 528

Michael Shelton Woody v. DENR, Division of Forest Resources 07 OSP 1255 Brooks 05/13/08

Kellee M. Buck v. Dare County Department of Social Services 07 OSP 1385 Overby 05/27/08

Dennis E. Hrynkow v. Dept. of Insurance 07 OSP 1400 Joseph 04/03/08

Stacey M. Gasgue v. N.C. Department of Corrections 07 OSP 1479 Overby 06/09/08

James Dobaly v. North Carolina Department of Health and Human 07 OSP 1873 Lassiter 07/02/08

Services

Adley K. Prager v. Dept. of Crime Control and Public Safety and 07 OSP 2011 Webster 05/29/08

Butner Public Safety

Charlene J. Shaw v. Peter Bucholz, Hoke Correctional Institution 07 OSP 2012 Joseph 04/07/08

Jacqueline Burkes v. DOC, Hoke 4320, Mr. Peter Bucholz 07 OSP 2047 Joseph 04/07/08

Charles Jones v. Bryan Beatty, Secretary of Crime Control & Public 07 OSP 2222 Morrison 06/05/08 23:01 NCR 147

Safety and The Dept. of Crime Control & Public Safety (NC

Highway Patrol)

Norman K. Goering v. Crime Control and Public Safety, Highway 07 OSP 2256 Joseph 07/29/08 23:05 NCR 547

Patrol

Kimberly James v. UNC-Charlotte 08 OSP 0146 Webster 05/08/08

Nancy Hester v. Guilford County AOC Pretrial Services 08 OSP 0224 Overby 06/19/08

Ray Stanford Williams Jr. v. NC Department of Cultural Resources 08 OSP 0529 Morrison 08/19/08

Laura L. Holliman v. Caledonia Correctional Inst. 08 OSP 0591 Gray 07/08/08

Ashley K. Severson v. Greene County 08 OSP 0611 Joseph 07/29/08

Sharon V Blackmon v. Office of Administrative Hearings 08 OSP 0624 Gray 09/19/08

Richard D. Lincoln v. DOT 08 OSP 0801 Gray 05/27/08

Robert M. Hewitt v. Morrison Correctional Institute 08 OSP 0971 Gray 06/26/08

Kenyatta Burrus v. Craven County Clerk of Superior Court 08 OSP 1089 Overby 06/12/08

Dexter J. Hill v. Department of Agriculture and Consumer Services 08 OSP 1167 Overby 07/08/08

Rita McKeithan v. Stanly County Department of Social Services 08 OSP 1240 May 08/26/08

Dianna Humphrey v. Caswell Center 08 OSP 1327 Lassiter 07/02/08

Charles Godwin v. NC Department of Crime Control and Public 08 OSP 1463 Lassiter 07/28/08

Safety

Vincent Morton v. Cherry Hospital 08 OSP 1497 Webster 09/16/08

Kyla Solomon v. Office of Citizen Services 08 OSP 1547 Lassiter 07/22/08

Richard Manson v. NC A&T State University 08 OSP 1561 Brooks 09/25/08

Richard T Ward v. NC DOT Ferry Division 08 OSP 1617 Lassiter 08/27/08

Patrice A Bernard v. NC A&T 08 OSP 1724 Gray 09/18/08

RESPIRATORY CARE BOARD

Angelique Thompson v. Respiratory Care Board 07 RCB 1176 Gray 03/13/08 23:01 NCR 153

DEPARTMENT OF REVENUE

Parker Bark Company Inc. v. Department of Revenue 08 REV 1228 Overby 06/17/08

Deandra A. Scott v. Department of Revenue 08 REV 1180 Overby 07/01/08

Goretty Williams v. Department of Revenue 08 REV 1227 Overby 07/08/08

Anthony Chad Bynum v. Department of Revenue 08 REV 1268 Overby 07/09/08

OFFICE OF SECRETARY OF STATE

Richard C Garrard Jr. v. NC Department of Secretary of State 07 SOS 2080 Brooks 09/12/08

Bennett Jeffrey Packer v. North Carolina Department of The 07 SOS 2241 May 06/09/08

Secretary of State

Hope Taylor (formerly Taylor-Guevara) v. North Carolina 07 SOS 2280 Joseph 05/21/08

Department of The Secretary of State

Robert C Garrard Jr. v. NC Department of Secretary of State 08 SOS 0523 Brooks 09/12/08

Wendy Branch Miller v. SOS 08 SOS 1018 Lassiter 07/14/08

UNC HOSPITALS

Charity Smith v. UNC Hospitals 08 UNC 0533 Gray 07/28/08

Jimmy L. Holder v. UNC Hospitals 08 UNC 0589 May 07/29/08

Barbara C. King v. UNC Hospitals 08 UNC 0805 May 07/29/08

Eva Kali Green v. UNC Hospitals 08 UNC 0841 May 09/22/08

Kaprina Wells v. UNC Hospitals 08 UNC 0860 Gray 07/28/08

Rolie Adrienne Webb ";Andi"; v. UNC Hospitals 08 UNC 0881 Gray 06/11/08

Marcus M. McCullers v. UNC Hospitals 08 UNC 0928 Gray 07/30/08

Satarah K. Latiker v. UNC Hospitals 08 UNC 0952 May 08/21/08

Mary C. Gessell v. UNC Hospitals 08 UNC 0981 Joseph 09/18/08

Richard and Amy Whitt v. UNC Hospitals 08 UNC 1048 May 08/15/08

John G Sell v. UNC Hospitals 08 UNC 1334 Joseph 08/26/08

WELL CONTRACTORS CERTIFICATION COMMISSION

Charles P. Pool v. Well Contractors Certification Commission 08 WCC 0514 Gray 07/15/08

WILDLIFE RESOURCES COMMISSION

Lisa Roddy v. Wildlife Resources Commission 08 WRC 0970 Brooks 06/24/08

Rickey Dale Logan 08 WRC 1229 Lassiter 07/28/08

This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13

1

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