North Carolina Administrative Code

SECTION .0600 - U.S. Survey foot/international foot 14B NCAC 03 .0601 PURPOSE The purpose of this Rule is to provide guidance to government agencies, and the engineering, surveying, construction, agriculture, mapping, and geospatial industries in the State, on when to use the Uni…

14b ncac 03 .0602 Required foot conversion When State Plane Coordinates and heights (elevation) are provided in feet, the conversion between the foot and meter shall be based on the coordinate system used for determining the coordinates or height. This requirement applies to hori…

section .0500 - Appeal 14B NCAC 05A .0501 APPEAL History Note: Authority G.S. 150B-2; 150B-23; Eff. May 1, 1988; Transferred from 14A NCAC 07 .0504 Eff. June 1, 2013; Repealed Eff. March 1, 2019.

SUBCHAPTER 05B – GRANT ADMINISTRATION SECTION .0100 – GENERAL PROVISIONS 14B NCAC 05b .0101 PURPOSE The rules of this Chapter, pursuant to the authority of the Secretary of the Department of Public Safety (Department), implement the administration of duties of the Governor's Crim…

SECTION .0200 - PROGRAM GRANTS 14B NCAC 05B .0201 APPLICATIONS FOR GRANTS (a) Funding priorities, as determined by the Commission, shall be listed on the Commission's website prior to the opening of an application period. (b) Grant application submission dates shall be announced …

14B NCAC 05B .0202 REVIEW OF PROPOSALS (a) Applications that contain all of the information required in Rule .0201 of this Section shall be forwarded to a Commission Subcommittee, as designated in G.S. 143B-1102. (b) The Subcommittee shall review and evaluate each application and…

14B NCAC 05B .0203 ADMINISTRATION OF GRANTS (a) The Commission staff shall administer grants as funds are available. Upon completion of the selection process, all applicants shall be notified in writing or electronic communication through the Grant Management System (GMS) whether…

SECTION .0300 – PENALTIES 14B NCAC 05B .0301 GRANT TERMINATION OR SUSPENSION (a) A grant may be terminated or the funds may be suspended by the Executive Director of the Commission when the applicant or grantee is not in compliance with any of the following: (1) the terms and con…

SECTION .0400 – EMERGENCY GRANT APPLICATION PROCESS 14B NCAC 05B .0401 GRANT APPLICATION PROCESS FOR STATE OR FEDERAL FUNDS AWARDED IN RESPONSE TO COVID-19 History Note: Authority G.S. 143B-602(5); 143B-602(8)(a)-(c); 143B-1101(a)(8); 143B-1103; 143B-1104; Emergency Adoption Eff.…

SECTION .0500 – EXCEPTIONS 14B NCAC 05B .0501 WAIVER The Secretary may waive any rule in this Subchapter that is not statutorily required. Factors the Secretary shall use in determining whether to waive a rule are: (1) the need to comply with a State or federal regulation or legi…

SUBCHAPTER 06B - PERSONNEL REGULATIONS SECTION .0100 - EMPLOYMENT REGULATIONS 14B NCAC 06B .0101 ALE MANUAL ADOPTION BY REFERENCE History Note: Authority G.S. 18B-500; 143B-10; 150B-11; 150B-14; Eff. February 1, 1976; Amended Eff. January 1, 1984; Temporary Amendment (a) Eff. Nov…

SECTION .1600 - USE OF PHYSICAL FORCE: FIREARMS 14B NCAC 06C .1601 USE OF FORCE History Note: Authority G.S. 15A-401; 18B-500; 143B-10; Eff. February 1, 1980; Amended Eff. August 1, 1988; January 1, 1984; Transferred from 14A NCAC 08H .1601 Eff. June 1, 2013; Expired Eff. Februar…

CHAPTER 07 – STATE HIGHWAY PATROL subchapter 07A – enforcement regulations SECTION .0100 – Enforcement regulations 14B NCAC 07A .0101 REQUEST FOR ASSISTANCE (a) In the event state assistance is deemed necessary by local officials to assist with riots, mob violence or other civil …

14B NCAC 07A .0102 COMMITMENT OF FORCES (a) Only the Patrol Commander or his designated representative shall authorize the actual commitment of patrol forces to assist local officials with civil disturbances, after obtaining permission of the Secretary of the Department of Crime …

14B ncac 07A .0103 DEFINITIONS The following definitions shall apply to the words and phrases found in this Chapter. (1) Applicant. A person or corporation owning a wrecker service and applying for inclusion on the Patrol Rotation Wrecker List. (2) Wrecker Service. A person or co…

CHAPTER 07 – STATE HIGHWAY PATROL SUBCHAPTER 07A – ENFORCEMENT REGULATIONS SECTION .0100 – ENFORCEMENT REGULATIONS 14B NCAC 07A .0104 VEHICLE REMOVAL PROCEDURES (a) Vehicles on the paved or main-traveled portion of the highway: (1) A member who encounters a vehicle parked, disabl…

14B NCAC 07A .0105 SECURING VEHICLES WHEN OPERATOR IS ARRESTED Upon arresting or placing a vehicle operator in custody, a member shall: (1) With consent of owner, operator, or legal possessor, allow another licensed, competent person to drive or move the vehicle to a position off…

14B NCAC 07A .0106 VEHICLES TRANSPORTED AND STORED OVER OBJECTION OF OWNER A member may transport and store a vehicle over the objection or without consent of the owner, operator, or legal possessor when: (1) The vehicle cannot be lawfully parked off the roadway; (2) The vehicle …

14B NCAC 07A .0107 PARKING VEHICLES OFF THE ROADWAY (a) A member who removes or allows a vehicle to be removed to a position off the roadway shall, when circumstances permit: (1) Lawfully park the vehicle in an apparently safe and secure location off the main-traveled portion of …

14b NCAC 07A .0108 TRANSPORTING AND STORING VEHICLES (a) When necessary for accident reconstruction or a criminal investigation when multiple vehicles are involved in an incident, a single storage location shall be designated. The storage facility of the first wrecker service dis…

14B NCAC 07A .0109 NOTIFICATION (a) Unless exempted by vehicle seizure law, the Troop Communications Center must notify the registered owner when a vehicle is towed and stored. In order to accomplish this, the authorizing member shall immediately notify the appropriate Troop Comm…

14B NCAC 07A .0110 RELEASE OF VEHICLES If no legal justification to hold the vehicle exists, a member shall authorize the release of a stored vehicle to the owner upon proof of ownership. History Note: Authority G.S. 20-184; 20-187; 20-188; Temporary Adoption Eff. June 9, 2000; E…

14B NCAC 07A .0111 VEHICLE INVENTORY (a) A member who authorizes the transportation and storage of a vehicle in the absence of Form Letter HP-305 signed by the owner, operator, or legal possessor shall take precautions to protect all property in and on the vehicle prior to remova…

14B NCAC 07A .0112 REIMBURSEMENT OF WRECKER OPERATORS If a court orders the release of any vehicle without payment of transportation and storage costs, the member shall obtain a statement of the transportation and storage fees. The Patrol may decide to appeal this court order. If…

14B NCAC 07A .0113 FINANCIAL INTEREST History Note: Authority G.S. 20-184; 20-185; 20-187; 20-188; Temporary Adoption Eff. June 9, 2000; Eff. April 1, 2001; Transferred from 14A NCAC 09H .0318 Eff. June 1, 2013; Repealed Eff. January 1, 2019.

14B NCAC 07A .0114 IMPARTIAL USE OF SERVICES The Patrol shall use wrecker services to tow disabled, seized, wrecked, or abandoned vehicles. Members of the Patrol shall assure the impartial use of wrecker services through compliance with this Subchapter. In no event shall any memb…

14B NCAC 07A .0115 ROTATION, ZONE, CONTRACT, AND DEVIATION FROM SYSTEM (a) The Troop Commander shall arrange for the Telecommunications Center to maintain a rotation wrecker system within each District of the Troop that shall include any of the following: (1) Separate computerize…

14B NCAC 07A .0116 ROTATION WRECKER SERVICE REGULATIONS (a) The Troop Commander shall include on the rotation wrecker list only those wrecker services that agree in writing to adhere to the following provisions: (1) A wrecker service desiring to be included on the rotation wrecke…

14B NCAC 07A .0117 RECORDING WRECKER REQUESTS/INCIDENTS (a) Members investigating collisions shall enter on the Collision Report Form the authorization for removal of vehicles from the scene. (b) Members shall submit written verification of wrecker requests on Patrol Form HP-305.…

14b NCAC 07A .0118 SANCTIONS FOR VIOLATIONS (a) If a District First Sergeant determines that a violation of the rules in this Section has occurred, the First Sergeant may: (1) Issue a written warning and request for compliance to the wrecker service; (2) Remove the wrecker servic…

14B NCAC 07A .0119 HEARING PROCEDURES (a) If the District First Sergeant refuses to include a wrecker service on the rotation wrecker list, the wrecker service may make a written appeal to the Troop Commander or designee within 20 calendar days of receipt of the decision. The Tro…

14b NCAC 07A .0120 EMERGENCY MEDICAL RELAYS Emergency medical relays may be made by patrol members whenever an actual emergency situation exists. The procedures listed in this Regulation shall be followed: (1) Emergency relays will be authorized only when there is imminent danger…

14B NCAC 07B .0103 NO CONTRACT RIGHTS History Note: Authority G.S. 20-184; 20-185; 20-187; 20-188; Eff. October 1, 1987; Transferred from 14A NCAC 09I .0103 Eff. June 1, 2013; Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

SUBCHAPTER 07C – MOTOR CARRIER SAFETY REGULATIONS SECTION .0100 – SAFETY RULES AND REGULATIONS 14B NCAC 07C .0101 SAFETY OF OPERATION AND EQUIPMENT (a) The regulations adopted by the U.S. Department of Transportation relating to safety of operation and equipment (49 CFR Parts 390…

14B NCAC 07C .0102 HAZARDOUS MATERIALS (a) The regulations adopted by the U.S. Department of Transportation relating to hazardous materials, including the transportation of hazardous materials (49 CFR Parts 170-185) shall apply to all for-hire and all private motor carrier vehicl…

SECTION .0200 - COMMUNITY PENALTIES PROGRAM 14B NCAC 09 .0201 PURPOSE AND INTENT History Note: Authority G.S. 143B-500 through 143B-507; Eff. January 1, 1988; Transferred from 14A NCAC 11 .0401 Eff. June 1, 2013; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

14B NCAC 09 .0202 ELIGIBILITY FOR FINANCIAL ASSISTANCE History Note: Authority G.S. 143B-500 through 143B-507; Eff. February 1, 1988; Transferred from 14A NCAC 11 .0402 Eff. June 1, 2013; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .0300 - CRIME VICTIMS COMPENSATION COMMISSION 14B NCAC 09 .0301 ADMINISTRATION (a) The offices of the Crime Victims Compensation Commission are located in the Archdale Building, 512 North Salisbury Street, in Raleigh, North Carolina, 27611. The office hours of the Crime V…

14B NCAC 09 .0302 PROCESSING AND PAYMENT OF CLAIMS (a) An application for a claim shall only be submitted on an approved claim application form located on the Crime Victim Compensation website, https://www.ncdps.gov/4victims, and shall include information set forth in G.S. 15B-7.…

14B NCAC 09 .0305 AWARDS The Director or the Commission may award a partial payment to the claimant, the acceptance or presentment of which shall not be deemed to constitute a waiver of any further rights. History Note: Authority G.S. 15B-6; 15B-10; Temporary Rule Eff. November 2…

CHAPTER 10 - BOXING AUTHORITY Section .0100 - Purpose 14B NCAC 10 .0101 SCOPE The rules in this Chapter implement the provisions of G.S. 143, Article 68 of the North Carolina General Statutes, and establish the regulations and standards set forth by the Boxing Authority Section o…

14B NCAC 10 .0102 DEFINITIONS The definitions contained in G.S. 143-651 apply to the rules in this Chapter in addition to the following: (1) "Cage" means a fenced enclosure in which promotional organizations hold mixed martial arts competition. (2) "Choke" means a submission tech…

14B NCAC 10 .0103 North Carolina STATE BOXING AUTHORITY SECTION OF THE ALE DIVISION (a) A Division representative shall: (1) Approve, issue, withhold or deny licenses and permits according to the provisions of G.S. 143-654 and G.S. 143-655 and the rules set forth in this Chapter;…

SECTION .0200 - DRUGS AND FOREIGN SUBSTANCES 14B NCAC 10 .0201 DRUGS AND FOREIGN SUBSTANCES (a) No contestant shall at any time, use or be under the influence of any drug or foreign substance that would increase or decrease his performance, or impair his or the physician's abilit…

SECTION .0300 - PHYSICAL EXAMINATION 14B NCAC 10 .0301 PHYSICAL EXAMINATION (a) Pre-Match Examination-A pre-match physical examination shall be given to each contestant by a physician not more than four hours before the start of the program of matches. The physician conducting th…

SECTION .0400 - PERMITS, LICENSING AND CONTRACTS 14B NCAC 10 .0401 PERMITS (a) No promoter shall be given tentative approval for or issued a permit if such person has an unpaid fine or any delinquent indebtedness outstanding to the Division. (b) Each application for a permit shal…

14B NCAC 10 .0402 LICENSING REQUIREMENTS (a) A person shall not be issued a license if such person has an unpaid fine or any delinquent indebtedness outstanding to the Division. (b) A person shall not be issued a license who, in any jurisdiction, has been convicted of any act whi…

14B NCAC 10 .0403 DUTIES OF CONTESTANTS (a) A contestant shall not also be licensed as a judge, promoter or referee nor shall he act as judge, promoter or referee. (b) A contestant shall not have any financial or pecuniary interest in his opponent. (c) A contestant shall not be l…

14B NCAC 10 .0404 DUTIES OF PROMOTERS AND MATCHMAKERS (a) A promoter or matchmaker shall not act as a promoter or matchmaker for any boxing or kickboxing match in this State unless the match is held in accordance with the rules in this Chapter. (b) Any person licensed as an indiv…

14B NCAC 10 .0405 DUTIES OF MANAGERS (a) A person shall not act as a manager for any contestant without having first obtained a manager license. (b) A manager shall not be licensed as a judge, or referee and nor shall he act as a judge or referee. (c) A manager shall not have fin…