North Carolina Administrative Code

13 NCAC 20 .0306 RETESTING LABORATORY INSTRUCTIONS If the examinee chooses to have the confirmed positive sample retested, the examiner and, where applicable, the examiner's agent (the original testing laboratory) shall follow the retesting laboratory's instructions in facilitati…

SECTION .0400 - NOTICE TO EXAMINEES 13 NCAC 20 .0401 INITIAL NOTICE TO EXAMINEES At the time of the provision of the sample, the examiner shall provide examinees with written notice of their rights and responsibilities under the Controlled Substance Examination Regulation Act. Hi…

13 NCAC 20 .0402 POST-TESTING NOTICE TO EXAMINEES Within 30 days from the time that the results are mailed or otherwise delivered to the examiner, the examiner shall give notice to the examinee, in writing: (1) of any positive result of a controlled substance examination; and (2)…

SECTION .0500 - CONFIDENTIALITY 13 NCAC 20 .0501 CONFIDENTIALITY OF INFORMATION RELATED TO CONTROLLED SUBSTANCE EXAMINATIONS In order to preserve individual dignity and privacy, examiners and their agents shall keep information confidential relating to examinees' controlled subst…

13 NCAC 20 .0502 EXAMPLES Examples of confidential information include: controlled substance examination results or information provided by examinees about their medical histories and lawful prescription drug use. History Note: Authority G.S. 95-231; 95-232; 95-234; Eff. April 1,…

13 NCAC 20 .0503 RELEASE OF CONFIDENTIAL INFORMATION Examiners and their agents may release information which would otherwise be confidential under this Chapter in the following circumstances: (1) to the examinee or to any other person upon written authorization signed by the exa…

SECTION .0600 - PAYMENT OF EXPENSES 13 NCAC 20 .0601 PAYMENT OF EXPENSES The examiner shall pay expenses related to all controlled substance examinations except examinee-requested retests. The examinee shall pay all reasonable expenses for retests of confirmed positive results. H…

13 NCAC 20 .0602 REASONABLE EXPENSES "Reasonable expenses for retesting" means: (1) the actual cost of the retest charged by the approved laboratory; (2) fees assessed by the approved laboratory for expenses associated with the retest. Examples of laboratory expenses include chai…

14B NCAC 01A .0104 SECRETARY OF PUBLIC SAFETY (a) In the event of an emergency which requires two or more state agencies to be involved, the secretary is designated as the official who is empowered to coordinate the state's response to the emergency. The secretary may designate a…

14B NCAC 01A .0105 AFFIRMATIVE ACTION PROGRAM History Note: Authority G.S. 126-16; 143B-10; Eff. February 1, 1976; Amended Eff. December 1, 1979; Transferred from 14A NCAC 01A .0105 Eff. June 1, 2013; Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

SECTION .0400 - DECLARATORY RULINGS 14B NCAC 01B .0401 SUBJECTS OF DECLARATORY RULINGS Any person substantially affected by a statute administered or rule promulgated by the Secretary of the Department of Crime Control and Public Safety may request a declaratory ruling as to eith…

14B NCAC 01B .0402 SUBMISSION OF REQUEST FOR RULING All requests for declaratory rulings shall be written and mailed to the Secretary, Department of Crime Control and Public Safety, P.O. Box 27687, Raleigh, N.C. 27611. The container of the request should bear the notation: REQUES…

14B NCAC 01B .0403 DISPOSITION OF REQUESTS (a) When the Secretary of the Department of Crime Control and Public Safety deems it appropriate to issue a declaratory ruling, he shall issue such declaratory ruling within sixty days of receipt of the petition. (b) A declaratory ruling…

14B NCAC 01B .0404 RECORD OF DECISION A record of all declaratory rulemaking proceedings will be maintained in the Office of the Secretary of Crime Control and Public Safety for as long as the ruling is in effect and for five years thereafter. This record will contain: the petiti…

14b NCAC 01B .0405 DEFINITION For purposes of Rule .0404 of this Section, a declaratory ruling shall be deemed to be "in effect": until the statute or rule interpreted by the declaratory ruling is amended, altered or repealed; until the Department of Crime Control and Public Safe…

section .0500 - contested case 14B NCAC 01B .0501 REQUEST FOR HEARING History Note: Authority G.S. 150A-23; Eff. February 1, 1976; Amended Eff. July 1, 1988; December 1, 1979; Transferred from 14A NCAC 01B .0502 Eff. June 1, 2013; Expired Eff. February 1, 2017 pursuant to G.S. 15…

subchapter 01c - state law enforcement assistance during labor dispute SECTION .0100 - APPLICATIONS FOR ASSISTANCE 14B NCAC 01C .0101 DELEGATION OF AUTHORITY BY THE GOVERNOR The Governor is given the duty to formulate rules, policies or guidelines as may be necessary to establish…

14B NCAC 01C .0102 REQUIREMENTS OF REQUEST FOR ASSISTANCE Requests for assistance must be in writing and include the following information: (1) the local law enforcement agency involved; (2) the conduct engaged in by the local law enforcement officers, i.e. strike, slowdown, mass…

14B NCAC 01C .0103 SERVICE OF REQUEST FOR ASSISTANCE (a) The request for assistance must be addressed and sent as follows: Request for Assistance, Secretary of the Department of Crime Control and Public Safety, P.O. Box 27687, Raleigh, N.C. 27611. The request should be mailed or …

SECTION .0200 - ASSIGNMENT OF STATE OFFICERS 14B NCAC 01C .0201 CRITERIA FOR ASSIGNMENT OF STATE OFFICERS (a) Upon receipt of the written request for assistance or upon notification by the highway patrol of such receipt, the secretary, in his discretion and in consultation with s…

SECTION .0300 - DEPLOYMENT AND CONTROL OF STATE OFFICERS 14B NCAC 01C .0301 STATE OFFICERS ARE EMPLOYEES OF THE STATE While providing assistance to a city or county, a state law enforcement officer shall be considered an employee of the state for all purposes, including compensat…

14B NCAC 01C .0302 ORDERS TO STATE OFFICERS While providing assistance to a city or county, a state officer shall be subject to the lawful operational commands of his superior state officers. The state officer will not be under the control of or subject to the orders of the local…

14B NCAC 01C .0303 DEPLOYMENT OF STATE OFFICERS The ranking representative of each state law enforcement agency providing assistance shall consult with city and county officials prior to deployment of the state officers under his command. The procedures for deploying and the meth…

CHAPTER 02 - THE NATIONAL GUARD SECTION .0100 - GENERAL PROVISIONS 14B NCAC 02 .0101 LOCATION AND HOURS OF OPERATION (a) The headquarters for the North Carolina National Guard (NCNG) is the Office of the Adjutant General which is located in the North Carolina Military Center on R…

14b NCAC 02 .0102 PURPOSES AND POLICIES (a) The National Guard has a dual role as a state military force, subject to the call of the Governor, and a national reserve force, subject to the call of the President. It is equipped and funded largely by the federal government but is ad…

14B NCAC 02 .0103 FUNCTIONS The primary functions of the National Guard are as follows: (1) training units capable of immediate mobilization in times of national emergencies; (2) providing military support to state and federal civil authorities during times of disaster or other e…

14B NCAC 02 .0104 ORGANIZATIONAL STRUCTURE (a) The North Carolina National Guard is composed of the Army National Guard and the Air National Guard. The military head of the division of the National Guard is the Adjutant General who shall hold the rank of major general. The Adjuta…

14B NCAC 02 .0105 RENTALS (a) Real estate, owned by the State of North Carolina and under the control of the Department of Crime Control and Public Safety, may be made available to Department of Defense agencies or activities, other federal agencies, state and local governmental …

14B NCAC 02 .0106 BASIC MEMBERSHIP INFORMATION Qualification requirements for membership in the North Carolina National Guard and enlistment or appointment procedures may be obtained by contacting any NCNG unit or the Office of the Adjutant General. Department of the Army and Dep…

14B NCAC 03 .0104 ORGANIZATION History Note: Authority G.S. 143B-10; 143B-474; 166A-5; Eff. December 1, 1979; Amended Eff. July 1, 1983; Transferred from 14A NCAC 04 .0104 Eff. June 1, 2013; RRC Objection May 19, 2016 and rule returned to agency on June 17, 2016.

SECTION .0300 - LOCAL EMERGENCY MANAGEMENT 14B NCAC 03 .0301 LOCAL EMERGENCY MANAGEMENT History Note: Authority G.S. 166A-19.12; 166A-19.15; 166A-19.71; Eff. December 1, 1979; Amended Eff. July 1, 1983; Transferred from 14A NCAC 04 .0301 Eff. June 1, 2013; Expired Eff. February 1…

SECTION .0400 – NORTH CAROLINA SEARCH AND RESCUE SyStem 14B NCAC 03 .0401 PURPOSE (a) The purpose of this section is to prescribe requirements pertaining to the North Carolina Department of Public Safety's Division of Emergency Management administered North Carolina Search and Re…

14B NCAC 03 .0402 Abbreviations and Definitions As used in this Section the following abbreviations and terms mean: (1) "Activation" means the status of a system resource placed at the direction, control, and funding of NCEM as part of the NC SAR System. (2) "All-hazards Disaster…

14B NCAC 03 .0403 dispatch of a contract response team to a search and rescue team or specialty rescue team mission (a) North Carolina Search and Rescue System's (NC SAR System) system resources shall employ the All-Hazards Disaster Response Model. (b) The North Carolina Division…

14B NCAC 03 .0404 on-site operations of SysTEM Resources All search and rescue system resources shall operate in accordance with the following standards of response: (1) FEMA National Incident Management System standards which are adopted and are incorporated by reference with su…

14B NCAC 03 .0405 Standards for administration of a contract response team, including procedures for reimbursement of response costs (a) Contract Response Teams and Specialty Rescue Teams shall maintain the following personnel records and have them available for audit: (1) respon…

14B NCAC 03 .0406 recovering the costs of a search and rescue team or specialty rescue team mission (a) NCEM shall seek reimbursement from the Responsible Party for system response costs in cases of negligence or intentional disaster. (b) NCEM shall bill the Responsible Parties c…

14B NCAC 03 .0407 Procedures for bidding and contracting for search and rescue team and specialty rescue team mission (a) Eligibility for participation as a Contract or Specialty Rescue Team: (1) Sponsoring agencies shall: (A) be a local unit of government, State-recognized triba…

14B NCAC 03 .0408 Criteria for evaluating bids for CONTRACT RESPONSE TEAM (a) Bidding agencies shall: (1) submit via courier, United States Mail, or hand deliver a bid package signed by an authorized representative of a local unit of government, State recognized tribal government…

14B NCAC 03 .0409 Personnel, Training, And Equipment Standarards for CONTRACT RESPONSE TEAMs and Specialty Rescue Teams (a) Requirements for all system personnel: (1) personnel shall be no less than 18 years of age; (2) personnel shall be an employee of a Sponsoring Agency, Parti…

14B NCAC 03 .0410 Proceedures for auditing CONTRACT RESPONSE TEAMs and Specialty Rescue Teams (a) Teams shall be audited by NCEM no less than every three years to ensure compliance with program requirements. Teams shall provide the following for review by NCEM personnel within fi…

CHAPTER 03 – EMERGENCY MANAGEMENT SECTION .0500 - NORTH CAROLINA HAZARDOUS MATERIAL REGIONAL RESPONSE PROGRAM 14B NCAC 03 .0501 PURPOSE (a) The purpose of this section is to prescribe requirements pertaining to the North Carolina Department of Public Safety's Division of Emergenc…

14B NCAC 03 .0502 Abbreviations and Definitions As used in this section, the following abbreviations and terms mean: (1) "Activation" means the status of a program resource placed at the direction, control, and funding of NCEM as part of the NC RRT Program. (2) "All-hazards Disas…

14B NCAC 03 .0503 dispatch of a Regional Response team (a) Program resources shall employ the All-Hazards Response Model. (b) NCEM shall maintain direction and control of any deployed program resources that have been deployed through action of NCEM until a time that they have bee…

14B NCAC 03 .0504 on-site operations of a Program RESOURCE All NC RRT Program resources shall operate in accordance with the following standards of response: (1) FEMA NIMS standards which are adopted and are incorporated by reference with subsequent changes or amendments pursuant…

14B NCAC 03 .0505 Standards for administration of a Regional response team, including procedures for reimbursement of response costs (a) Program resources shall maintain the following personnel records and have them available for audit by NCEM personnel: (1) Responder medical his…

14B NCAC 03 .0506 recovering the costs of a Regional RESPONSE TEAM NCEM shall seek reimbursement from the responsible party for system response costs. (1) The authority having jurisdiction shall determine who the responsible party is for all State Missions. Determination as the r…

14B NCAC 03 .0507 Procedures for bidding and contracting for Regional Response TEAM (a) Eligibility for participation as a Sponsoring Agency as a regional response team: (1) be a local unit of government, tribal government, with an active response agreement with a local or tribal…

14B NCAC 03 .0508 Criteria for evaluating bids for CONTRACT RESPONSE TEAM (a) Bidding agency shall: (1) submit an offer via courier, United States Mail, or hand delivered to the NCEM State Emergency Operations Center by an authorized representative of a local unit of government, …

14B NCAC 03 .0509 Personnel, Training, And Equipment Standards for Regional RESPONSE TEAM Requirements for all Program personnel: (a) Requirements for all system personnel (1) Qualified personnel shall be no less than 18 years of age; (2) Qualified personnel shall be an employee …