NORTH CAROLINA

REGISTER

VOLUME 28 ● ISSUE 18 ● Pages 2181 - 2283

March 17, 2014

I.  IN ADDITION

Department of Public Safety – Rescheduled Hearing 2181

DENR – Notice of Intent to Issue a NPDES General Wastewater Permit 2182

II. PROPOSED RULES

Agriculture, Department of

Commissioner of Agriculture 2183 – 2184

Health and Human Services, Department of

Public Health, Commission for 2184 – 2187

Justice, Department of

Division of Criminal Information 2187 – 2205

Occupational Licensing Boards and Commissions

Architecture, Board of 2205 – 2207

Dental Examiners, Board of 2207 – 2209

Nursing Home Administrators, Board of Examiners for 2209 – 2212

Pharmacy, Board of 2213 – 2214

Professional Counselors, Board of Licensed 2214 – 2228

State Ethics Commission

Commission 2229 – 2233

III. TEMPORARY RULES

Administrative Hearings, Office of

Hearings Division 2237 – 2238

Environment and Natural Resources, Department of

Department 2234 – 2235

Occupational Licensing Boards and Commissions

Hearing Aid Dealers and Fitters Board 2235 – 2236

State Human Resources, Office of

State Human Resources Commission 2236 – 2237

IV. RULES REVIEW COMMISSION 2239 – 2248

V. CONTESTED CASE DECISIONS

Index to ALJ Decisions 2249 – 2262

Text of ALJ Decisions

13 DHR 17671 2263 – 2265

13 DOJ 14219 2266 – 2270

13 DOJ 18373 2271 – 2274

13 DOJ 18445 2275 – 2279

13 DST 15268 2280 – 2283

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

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

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 (919) 431-3071

Dana Vojtko, Publications Coordinator (919) 431-3075

Tammara Chalmers, Editorial Assistant (919) 431-3083

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 (919) 431-3081

Amanda Reeder, Commission Counsel (919) 431-3079

Abigail Hammond, Commission Counsel (919) 431-3076

Amber Cronk, Commission Counsel (919) 431-3074

Julie Brincefield, Administrative Assistant (919) 431-3073

Fiscal Notes & Economic Analysis and Governor's Review

Office of State Budget and Management

116 West Jones Street (919) 807-4700

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

Contact: Anca Grozav, Economic Analyst (919) 807-4740

NC Association of County Commissioners

215 North Dawson Street (919) 715-2893

Raleigh, North Carolina 27603

contact: Amy Bason

NC League of Municipalities (919) 715-4000

215 North Dawson Street

Raleigh, North Carolina 27603

contact: Erin L. Wynia

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

Jeff Hudson, Staff Attorney

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

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

NORTH CAROLINA REGISTER

Publication Schedule for January 2014 – December 2014

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
28:13 / 01/02/14 / 12/06/13 / 01/17/14 / 03/03/14 / 03/20/14 / 05/01/14 / 05/2014 / 09/29/14
28:14 / 01/15/14 / 12/19/13 / 01/30/14 / 03/17/14 / 03/20/14 / 05/01/14 / 05/2014 / 10/12/14
28:15 / 02/03/14 / 01/10/14 / 02/18/14 / 04/04/14 / 04/21/14 / 06/01/14 / 01/2015 / 10/31/14
28:16 / 02/17/14 / 01/27/14 / 03/04/14 / 04/21/14 / 05/20/14 / 07/01/14 / 01/2015 / 11/14/14
28:17 / 03/03/14 / 02/10/14 / 03/18/14 / 05/02/14 / 05/20/14 / 07/01/14 / 01/2015 / 11/28/14
28:18 / 03/17/14 / 02/24/14 / 04/01/14 / 05/16/14 / 05/20/14 / 07/01/14 / 01/2015 / 12/12/14
28:19 / 04/01/14 / 03/11/14 / 04/16/14 / 06/02/14 / 06/20/14 / 08/01/14 / 01/2015 / 12/27/14
28:20 / 04/15/14 / 03/25/14 / 04/30/14 / 06/16/14 / 06/20/14 / 08/01/14 / 01/2015 / 01/10/15
28:21 / 05/01/14 / 04/09/14 / 05/16/14 / 06/30/14 / 07/21/14 / 09/01/14 / 01/2015 / 01/26/15
28:22 / 05/15/14 / 04/24/14 / 05/30/14 / 07/14/14 / 07/21/14 / 09/01/14 / 01/2015 / 02/09/15
28:23 / 06/02/14 / 05/09/14 / 06/17/14 / 08/01/14 / 08/20/14 / 10/01/14 / 01/2015 / 02/27/15
28:24 / 06/16/14 / 05/23/14 / 07/01/14 / 08/15/14 / 08/20/14 / 10/01/14 / 01/2015 / 03/13/15
29:01 / 07/01/14 / 06/10/14 / 07/16/14 / 09/02/14 / 09/22/14 / 11/01/14 / 01/2015 / 03/28/15
29:02 / 07/15/14 / 06/23/14 / 07/30/14 / 09/15/14 / 09/22/14 / 11/01/14 / 01/2015 / 04/11/15
29:03 / 08/01/14 / 07/11/14 / 08/16/14 / 09/30/14 / 10/20/14 / 12/01/14 / 01/2015 / 04/28/15
29:04 / 08/15/14 / 07/25/14 / 08/30/14 / 10/14/14 / 10/20/14 / 12/01/14 / 01/2015 / 05/12/15
29:05 / 09/02/14 / 08/11/14 / 09/17/14 / 11/03/14 / 11/20/14 / 01/01/15 / 01/2015 / 05/30/15
29:06 / 09/15/14 / 08/22/14 / 09/30/14 / 11/14/14 / 11/20/14 / 01/01/15 / 01/2015 / 06/12/15
29:07 / 10/01/14 / 09/10/14 / 10/16/14 / 12/01/14 / 12/22/14 / 02/01/15 / 05/2016 / 06/28/15
29:08 / 10/15/14 / 09/24/14 / 10/30/14 / 12/15/14 / 12/22/14 / 02/01/15 / 05/2016 / 07/12/15
29:09 / 11/03/14 / 10/13/14 / 11/18/14 / 01/02/15 / 01/20/15 / 03/01/15 / 05/2016 / 07/31/15
29:10 / 11/17/14 / 10/24/14 / 12/02/14 / 01/16/15 / 01/20/15 / 03/01/15 / 05/2016 / 08/14/15
29:11 / 12/01/14 / 11/05/14 / 12/16/14 / 01/30/15 / 02/20/15 / 04/01/15 / 05/2016 / 08/28/15
29:12 / 12/15/14 / 11/20/14 / 12/30/14 / 02/13/15 / 02/20/15 / 04/01/15 / 05/2016 / 09/11/15

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

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

IN ADDITION

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.

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IN ADDITION

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) text of proposed rules;

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

(4) emergency rules

(5) Executive Orders of the Governor;

(6) 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; and

(7) 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 Human Resources 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.

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2243

IN ADDITION

*** Public Notice ***

Proposed Amendment to ROTATION WRECKER SERVICE REGULATIONS

RESCHEDULED PUBLIC HEARING

Notice is hereby given in accordance with G.S. 150B-21.2 that the Department of Public Safety/State Highway Patrol intends to amend the rule cited as 14B NCAC 07A .0116.

Click here to read the full text of Title 14B NCAC 07A .0116 along with the proposed changes.

Proposed Effective Date: July 1, 2014

Public Hearing: Date and time changed due to inclement weather.
Date: March 4, 2014 April 2, 2014
Time: 9:00 a.m. 10:00 a.m.

Location: SHP Troop C Headquarters, 1831 Blue Ridge Road, Raleigh, NC 27607

Reason for Proposed Action: Agency desires to improve existing rules.

Procedure by which a person can object to the agency on a proposed rule: The agency will accept written objections to the proposed rule amendment until the expiration of the comment period on April 21, 2014.

Comments may be submitted to:

Captain Freddy L. Johnson Jr.
4231 Mail Service Center
Raleigh, NC 27699-4231
Phone: (919) 436-3072
Fax (919) 733-2161
Email:

Comment period ends: April 21, 2014

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(b)(2) 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) 431-3000.

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IN ADDITION

28:18 NORTH CAROLINA REGISTER MARCH 17, 2014

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IN ADDITION

Public Notice

North Carolina Environmental Management Commission/NPDES Unit

1617 Mail Service Center

Raleigh, NC 27699-1617

Notice of Intent to Issue a NPDES General Wastewater Permit

The North Carolina Environmental Management Commission proposes to issue the following NPDES wastewater general permit:

NPDES General Permit No. NCG590000 for the discharge of filter backwash, sedimentation washdown, and decant water from water treatment plants (or other similar activities).

Written comments regarding the proposed general permit will be accepted until 30 days after the publish date of this notice. The Director of the NC Division of Water Resources (DWR) may hold a public hearing should there be a significant degree of public interest. Please mail comments and/or information requests to DWR at the above address. Interested persons may visit the DWR/NPDES Unit at 512 N. Salisbury Street, Raleigh, NC to review information on file. Additional information on this notice may be found on our website: http://portal.ncdenr.org/web/wq/swp/ps/npdes/calendar, or by contacting Julie Grzyb at (919) 807-6389.

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IN ADDITION

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PROPOSED RULES

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.

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PROPOSED RULES

TITLE 02 – DEPARTMENT OF AGRICULTURE

Notice is hereby given in accordance with G.S. 150B-21.2 that the Commissioner of Agriculture intends to amend the rules cited as 02 NCAC 52K .0301, .0401 and .0501.

Agency obtained G.S. 150B-19.1 certification:

OSBM certified on:

RRC certified on: February 20, 2014

Not Required

Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncagr.gov/ProposedRules/index.htm

Proposed Effective Date: July 1, 2014

Instructions on How to Demand a Public Hearing: (must be requested in writing within 15 days of notice): Any person may request a public hearing on the proposed rules by submitting a request in writing no later than April 1, 2014 to Chrissy Waggett, Rulemaking Coordinator, 1001 Mail Service Center, Raleigh, NC 27699-1001.

Reason for Proposed Action: Rule changes are proposed to broaden the list of people who may be at increased risk of illness to be consistent with recent guidance from the Center for Disease Control and Prevention, to maintain the separation of patrons from manure and bedding while still allowing for managed interaction with animals, and to reduce the potential for introduction of disease from people to animals that are part of a milking booth. Several technical corrections are also proposed based on comments from RRC Counsel.