North Carolina Administrative Code

14B NCAC 18B .0403 USE OF CHRI FOR CRIMINAL JUSTICE EMPLOYMENT (a) Agencies must submit an applicant fingerprint card on each individual seeking criminal justice employment, and the card must contain the following information in order to be processed by DCI and FBI: (1) complete …

14B NCAC 18B .0404 RIGHT TO REVIEW (a) An individual may obtain a copy of his or her own criminal history record by submitting a written request to the North Carolina State Bureau of Investigation Criminal Information and Identification Section, Attention: Applicant Unit - Right …

14B NCAC 18B .0405 CCH use in LICENSING AND NON-CRIMINAL JUSTICE EMPLOYMENT PURPOSES (a) Criminal justice agencies authorized under 12 NCAC 04H .0201 which issue licenses or approve non-criminal justice employment and want to use computerized criminal history information maintain…

14B NCAC 18B .0406 RESTRICTIVE USE OF CCH FOR EMPLOYMENT PURPOSES (a) Use of computerized criminal history information maintained by the CIIS for licensing permits or non-criminal justice employment purposes shall be authorized only for those criminal justice and non-criminal jus…

14B NCAC 18B .0407 RESEARCH USE AND ACCESS OF CCH RECORDS (a) Researchers who wish to use criminal justice information maintained by CIIS shall first submit to the North Carolina CJIS System Officer (CSO) a completed research design that guarantees protection of security and priv…

14B NCAC 18B .0408 LIMITATION REQUIREMENTS Research designs must preserve the anonymity of all subjects. The following requirements are applicable to all such programs of research and each criminal justice agency or researcher is responsible for their implementation: (1) Computer…

14B NCAC 18B .0409 ACCESS to chri By Attorneys (a) An attorney must have entered in to a proceeding in accordance with G.S. 15A-141 in order to access CHRI. The attorney may have access to the CHRI of only the defendant he or she is representing. The prosecuting District Attorney…

14B NCAC 18B .0410 ACCESS to chri in civil proceedings (a) Access to CHRI is permitted in civil domestic violence and civil stalking proceedings. (b) Access to and dissemination of CHRI for civil proceedings in this Rule shall be done in accordance with Rules .0401 and .0402 of t…

SECTION .0500 – REMOVAL OF CRIMINAL HISTORY RECORD INFORMATION 14B NCAC 18B .0501 EXPUNGEMENTS Upon the receipt of a valid court ordered expungement, CIIS shall expunge the appropriate CHRI as directed by the court order. An electronic notification regarding the expungement shall…

SECTION .0600 – STATEWIDE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM 14B NCAC 18B .0601 Statewide AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (a) Agencies which meet the requirements of 14B NCAC 18A .0201(a) may access the North Carolina Statewide Automated Fingerprint Identific…

14B NCAC 18B .0602 AVAILABLE DATA (a) The following data is available through SAFIS and may be used to make comparisons and obtain CCH data: (1) fingerprint images; and (2) state identification number. (b) When the state identification number is used to obtain CCH data, dissemina…

14B NCAC 18B .0603 fingerprinting of convicted sex offenders (a) Fingerprints submitted in accordance with G.S. 14-208.7 must contain the following information on the convicted sex offender in order to be processed by the SBI: (1) ORI number; (2) complete name; (3) date of birth;…

SECTION .0700 – DIVISION OF MOTOR VEHICLE INFORMATION 14B NCAC 18B .0701 DISSEMINATION of Division of motor vehciles INFORMATION (a) DMV information obtained from or through DCIN shall not be disseminated to anyone outside those agencies eligible under 14B NCAC 18A .0201(a) unles…

SECTION .0800 - AUDITS 14B NCAC 18B .0801 AUDITS (a) CIIS shall biennially audit criminal justice information entered, modified, cancelled, cleared and disseminated by DCIN users. Agencies subject to audit include all agencies that have direct or indirect access to information ob…

SUBCHAPTER 18C - PENALTIES AND ADMINISTRATIVE HEARINGS SECTION .0100 - DEFINITIONS AND PENALTY PROVISIONS 14B NCAC 18C .0101 DEFINITIONS As used in this Subchapter: (1) "Revocation of certification" means a DCIN user's certification is canceled for a period not to exceed one year…

14B NCAC 18C .0102 SANCTIONS FOR VIOLATIONS BY INDIVIDUALS When any certified DCIN user is found to have knowingly and willfully violated any provision of these Rules, DCI may take action to correct the violation and to ensure the violation does not re-occur, to include, but not …

14B NCAC 18C .0103 SANCTIONS FOR VIOLATIONS BY AGENCIES When any agency who has entered in to an agreement in accordance with 14B NCAC 18A .0301 is found to have knowingly and willfully violated any provision of these Rules, DCI may take action to correct the violation and to ens…

SECTION .0200 - APPEALS 14B NCAC 18C .0201 NOTICE OF VIOLATION DCI shall send a written notice via certified mail to the offending agency or employee when DCI has determined that a violation of a DCI rule has occurred. The notice shall inform the party of appeal rights and shall …

SECTION .0300 - INFORMAL PRocedures 14B NCAC 18C .0301 INFORMAL PROCEDURE (a) In accordance with G.S. 150B-22 any agency or DCIN user may request a hearing before the North Carolina CSO within 30 days after receipt of written notification from DCI of an adverse action. A request …

chapter 19 – STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM SUBCHAPTER 19A – GENERAL PROVISIONS 14B NCAC 19A .0101 SCOPE The rules in this Chapter are applicable to persons or entities in the State that have custody of any sexual assault evidence collection kits…

14B NCAC 19A .0102 DEFINITIONS As used in this Chapter: (1) "Covered entity" means an agency, medical facility, or medical professional, person, or entity subject to the System tracking requirements. (2) "Director" means the Director of the North Carolina State Crime Laboratory. …

14B NCAC 19A .0103 STATEWIDE SYSTEM ADMINISTRATOR DESIGNATION (a) The System shall be administered by the Statewide System Administrator. (b) The Statewide System Administrator shall: (1) grant System access to each covered entity; (2) provide training on the System and technical…

14B NCAC 19A .0104 COVERED ENTITY SYSTEM ACCESS; LOCAL ADMINISTRATORS (a) Each covered entity shall access the System and require that its users are trained to enter kit information data in the System. (b) Each covered entity shall designate a local administrator, who shall provi…

SUBCHAPTER 19B – COVERED ENTITY TRACKING REQUIREMENTS 14B NCAC 19B .0101 SYSTEM COMPATIBILITY FOR KITS Any State or local government agency responsible for the production of kits to be used in this State shall produce kits that are compatible with the System. A government agency …

14B NCAC 19B .0102 MEDICAL SERVICE PROVIDERS (a) Medical service providers shall: (1) In the System, receive all kits used for the collection of physical evidence during forensic medical examinations from the kit vendor; (2) make all required data entries in accordance with Syste…

14B NCAC 19B .0103 LAW ENFORCEMENT AGENCIES (a) Each law enforcement agency in the State shall comply with System guidelines to track the: (1) receipt of kits by the law enforcement agency from medical service providers or Law Enforcement Support Services (LESS); (2) transfer of …

14B NCAC 19B .0104 LAW ENFORCEMENT SUPPORT SERVICES Law Enforcement Support Services shall: (1) confirm all kits held or received into its custody have tracking labels; (2) enter tracking data in accordance with System guidelines; and (3) track the subsequent transfer of any kit …

14B NCAC 19B .0105 FORENSIC LABORATORIES (a) Any forensic laboratory in this State that takes custody of a kit for purposes of conducting forensic testing shall: (1) Enter the transfer and receipt of the kit in the tracking System in accordance with System guidelines; (2) Enter a…

14B NCAC 19B .0106 PREVIOUSLY UNTESTED KITS (a) Each covered entity's local administrator shall contact the Statewide System Administrator to obtain tracking labels designated for previously untested kits. (b) Covered entities shall comply with System guidelines for submitting da…

SUBCHAPTER 19C – COMPLIANCE 14B NCAC 19C .0101 DEFICIENCY CORRECTION AND SANCTIONS (a) The Statewide System Administrator shall give written or oral notice to any covered entity out of compliance with the rules of this Chapter. The notice shall include: (1) identification of the …

CHAPTER 01 – DEPARTMENTAL RULES SUBCHAPTER 01A – GENERAL ORGANIZATION section .0100 - general 15A NCAC 01A .0101 DEPARTMENT HEAD History Note: Authority G.S. 143A-11; 143B-279.1; Eff. February 1, 1976; Amended Eff. October 1, 1984; February 23, 1979; Transferred from T15.01A .000…

15A NCAC 01A .0102 HOW TO CONTACT THE DEPARTMENT (a) The Headquarters of the Department is located in the Environment and Natural Resources Building, Raleigh, North Carolina. The mailing address of the Department is 1601 Mail Service Center, Raleigh, North Carolina 27699-1601. Th…

15A NCAC 01A .0103 COUNCILS AND COMMITTEES History Note: Authority G.S. 143B-10(d); Eff. February 1, 1976; Amended Eff. October 1, 1984; February 23, 1979; Transferred from T15.01A .0009 Eff. November 1, 1989; Repealed Eff. August 1, 2012.

SUBCHAPTER 01B - GENERAL ADMINISTRATION SECTION .0100 - RULEMAKING 15A NCAC 01B .0101 MODEL RULES History Note: Authority G.S. 143B-10(j); 150B-11; 150B-14(c); Eff. August 1, 1982; Amended Eff. May 1, 1988; October 1, 1984; Transferred from T15.01B .0120 Eff. November 1, 1989; Am…

15A NCAC 01B .0303 CONCESSION CONTRACTS History Note: Authority G.S. 143B-10; 143-49(2),(3),(4); 143-53; 143B-276; Eff. August 1, 1982; Amended Eff. October 1, 1984; Transferred from T15.01B .0407 Eff. November 1, 1989; Repealed Eff. August 1, 2012.

SUBCHAPTER 01C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT section .0100 – general provisions 15A NCAC 01C .0101 STATEMENT OF PURPOSE, POLICY, AND SCOPE (a) The purpose of the rules in this Subchapter is to establish procedures within the Department of Environmental…

15A NCAC 01C .0102 AGENCY COMPLIANCE History Note: Authority G.S. 113A-2; 113A-5; 113A-6; 113A-10; 143B-10; Eff. August 1, 1989; Transferred from T15.01D .0202 Eff. November 1, 1989; Amended Eff. March 1, 1990; Repealed Eff. April 1, 2003.

15A NCAC 01C .0103 DEFINITIONS The definition of any word or phrase used in rules of this Subchapter is the same as given in G.S. 113A-9. The following words and phrases have the following meaning. (1) "Channel Disturbance" means activities that permanently remove or degrade the …

15A NCAC 01C .0104 AGENCY COMPLIANCE (a) DEQ shall interpret the provisions of the NCEPA as a supplement to its existing authority and as a mandate to view its policies and programs in the light of the NCEPA's comprehensive environmental objectives. (b) As part of making a decisi…

15A NCAC 01C .0105 LEAD AND COOPERATING DivisionS RESPONSIBILITY Where DEQ is the state project agency and more than one of its divisions must issue a permit or other authorization for the project requiring review under NCEPA, the Secretary shall appoint a lead division to be res…

15A NCAC 01C .0106 SCOPING AND HEARINGS When DEQ is the state project agency, DEQ shall utilize scoping and hearing processes to the extent appropriate to the complexity, potential for environmental effects, and level of expressed interest associated with the proposed action. Sco…

15A NCAC 01C .0107 LIMITATION ON ACTIONS DURING NCEPA PROCESS (a) If an environmental document is required under NCEPA, DEQ shall not undertake an action until the environmental document for that action is final. (b) If DEQ is considering a proposed action for which an environmen…

15A NCAC 01C .0108 EMERGENCIES (a) If there is an immediate threat to public health, safety, and welfare, DEQ may take otherwise lawful actions with potential environmental effects without preparing an environmental document. In those emergency circumstances, DEQ shall limit acti…

15A NCAC 01C .0109 PREPARATION OF ENVIRONMENTAL DOCUMENTS (a) When DEQ is the state project agency, DEQ may request information from an applicant to prepare an environmental document. DEQ shall independently evaluate the information provided and shall be responsible for its accur…

15A NCAC 01C .0205 IMPLEMENTATION History Note: Authority G.S. 113A-2; 113A-4; 113A-5; 113A-6; 143B-10; Eff. April 1, 2003; Repealed Eff. June 1, 2022.

15A NCAC 01C .0206 WHEN TO PREPARE ENVIRONMENTAL DOCUMENTS (a) When an environmental document is required under NCEPA and DEQ is the state project agency, DEQ shall prepare an environmental document unless the action falls below the minimum criteria set forth in Section .0400 of …

15A NCAC 01C .0207 INCORPORATION BY REFERENCE (a) DEQ shall incorporate material into environmental documents by reference to cut down on bulk without impeding DEQ and public reviews of the action. The incorporated material shall be cited in the document and its contents briefly …

15A NCAC 01C .0208 INCOMPLETE OR UNAVAILABLE INFORMATION (a) Where DEQ is evaluating effects upon the environment in an environmental document and there are gaps in relevant information or scientific uncertainty, DEQ shall make clear that such information is lacking or that uncer…

15A NCAC 01C .0304 ACTIVITIES ABOVE THE MINIMUM CRITERIA History Note: Authority G.S. 113A-2; 113A-4; 113A-6; 113A-11; 143B-10; Eff. April 1, 2003; Repealed Eff. June 1, 2022.

15A NCAC 01C .0305 ACTIVITIES UNDERTAKEN BY DEQ The following activities, when undertaken by DEQ, shall require preparation of an environmental document unless they satisfy the minimum criteria set out in Section .0400 of this Subchapter. (1) Construction of facilities or infrast…