North Carolina Administrative Code

18 NCAC 12 .0212 SIGNING AND EXECUTING A FORM UNDER OATH When a document is required to be signed under oath, the oath shall: (1) Be signed pursuant to Rule .0206 of this Chapter; and (2) Be administered and signed by a notary public or other officer authorized to administer oath…

18 NCAC 12 .0213 SIGNATURE VERIFIES INFORMATION IS TRUE An individual's signature on a document constitutes that person's verification that all information entered on the document or report is true and complete. History Note: Authority G.S. 120C-101(a); 120C-101(b); 120C-200; 120…

18 NCAC 12 .0214 SIGNATURE AND EXECUTION UNDER OATH OF AN ELECTRONICALLY FILED DOCUMENT A document submitted to the Department for which notarization is required may be filed electronically if: (1) The document is electronically notarized pursuant to Article 2 of Chapter 10B of t…

18 NCAC 12 .0215 CONTENTS OF AFFIDAVIT FOR ELECTRONIC FILING WITHOUT ELECTRONIC NOTARIZATION An affidavit submitted to the Department pursuant to Rule .0214 of this Chapter shall include the following information: (1) A statement that the person signing did electronically file a …

18 NCAC 12 .0216 CONSEQUENCE OF FAILURE TO DELIVER AFFIDAVIT Failure to deliver the affidavit as required by Rule .0214 of this Chapter shall render the filing untimely pursuant to Rule .0319 of this Chapter and the filing does not receive the benefit of Rules .0214, .0310, .0311…

18 NCAC 12 .0217 EFFECTIVE DATE OF LATE FILING History Note: Authority G.S. 120C-101(a); Temporary Adoption Eff. January 1, 2007; Temporary Adoption Expired October 13, 2007.

SECTION .0300 – SUBMISSION, REVIEW, AMENDMENT, AND CORRECTION OF DOCUMENTS 18 NCAC 12 .0301 GENERAL SUBMISSION LOCATIONS AND METHODS Each filing required or permitted to be submitted to the Department shall be submitted by one of the methods set forth in Rule .0302 through Rule .…

18 NCAC 12 .0302 FILING BY UNITED STATES MAIL A document may be submitted to the Department by United States mail at the following address: Lobbying Compliance Division, Department of the Secretary of State, P. O. Box 29622, Raleigh, N.C. 27626-0622. History Note: Authority G.S. …

18 NCAC 12 .0303 FILING BY HAND-DELIVERY OR BY DESIGNATED DELIVERY SERVICE A document may be submitted to the Department by hand-delivery or by a designated delivery service authorized pursuant to G.S. 1A-1, Rule 4: (1) At the following address: Lobbying Compliance Division, Depa…

18 NCAC 12 .0304 FILING BY ELECTRONIC MAIL (a) A filing may be submitted to the Department by electronic mail ("email") to the following address: lobbyistfiling@sosnc.gov. (b) An email attachment shall be compatible with or convertible to the most recently issued version of Micro…

18 NCAC 12 .0305 FILING ELECTRONICALLY ON THE DEPARTMENT'S WEBSITE A Department website form may be submitted electronically to the Department by: (1) Completing the form on the Department's website; (2) Submitting the completed form; (3) Submitting any required payment in a mann…

18 NCAC 12 .0306 NO FILING BY FACSIMILE IF FEE REQUIRED If payment of a fee is required to be submitted to the Department together with a document, the document shall not be submitted by facsimile ("fax"). History Note: Authority G.S. 120C-101(a); 120C-101(b); 120C-201; 120C-207;…

18 NCAC 12 .0307 CIRCUMSTANCES IN WHICH FILING BY FAX PERMITTED A document may be submitted by fax if: (1) Payment of a fee is not required to be submitted to the Department together with the document; and (2) The filer complies with Rule .0308 of this Chapter. History Note: Auth…

18 NCAC 12 .0308 SUBMISSION OF ORIGINAL AFTER FILING BY FAX Within seven days following the Department's receipt of a filing by fax, the original signed document shall be delivered or postmarked to the Department or: (1) If a registration, the filing is void; or (2) If a report, …

18 NCAC 12 .0309 REJECTION OF INCOMPLETE FORMS A filing with the Department shall be rejected if the form is not completed in accordance with the applicable provisions of Chapter 120C of the General Statutes and this Chapter. History Note: Authority G.S. 120C-101(a); 120C-101(b);…

18 NCAC 12 .0310 DOCUMENT SUBMISSION DATE AND TIME A document is submitted to the Department: (1) When it is received by the Department by hand-delivery, fax or electronic filing; or (2) When it is postmarked by the United States Postal Service or marked with an equivalent markin…

18 NCAC 12 .0311 DOCUMENT RECEIVED Except as otherwise provided in the rules in this Chapter, a document received by hand-delivery or fax after 5:00 p.m. is considered to be received on the following day. History Note: Authority G.S. 1A-1, Rule 4; 120C-101(a); 120C-101(b); 120C-2…

18 NCAC 12 .0312 PROOF OF SUBMISSION A person may obtain proof of submission of a filing to the Department by: (1) Any means acceptable pursuant to G.S. 1A-1, Rules of Civil Procedure; (2) Requesting that the Department return a file stamped copy and supplying to the Department b…

18 NCAC 12 .0313 GROUNDS FOR DEPARTMENT REJECTION OF SUBMITTED DOCUMENT Unless timely corrected in compliance with the rules in this Chapter, the Department shall reject any document filed with the Department which: (1) Contains illegible information; (2) Lacks required informati…

18 NCAC 12 .0314 PRINCIPAL'S AUTHORIZATION STATEMENT OMISSIONS REQUIRING CORRECTION WITHIN ONE BUSINESS DAY The Department shall reject a principal's authorization statement when a principal fails to correct the absence of the signature of the principal on the principal authoriza…

18 NCAC 12 .0315 OMISSIONS FROM REPORT UNDER OATH REQUIRING CORRECTION WITHIN ONE BUSINESS DAY The Department shall reject a quarterly report of the principal, lobbyist, or solicitor if the principal, lobbyist or solicitor fails to correct the absence of notarization of a quarter…

18 NCAC 12 .0316 OMISSIONS REQUIRING CORRECTION WITHIN SEVEN DAYS (a) Omissions other than those set forth in Rules .0314 and .0315 of this Chapter shall be corrected within seven days after notification by the Department or the document shall be rejected. (b) A document that con…

18 NCAC 12 .0317 EFFECTIVE DATE OF COMPLETE SUBMISSION OF DOCUMENT After the Department determines that a document is complete, the document is considered filed on the date on which it was submitted. History Note: Authority G.S. 120C-101(a); 120C-101(b); 120C-200; 120C-201; 120C-…

18 NCAC 12 .0318 REJECTED FILINGS A document which is rejected is not considered filed. History Note: Authority G.S. 120C-101(a); 120C-101(b); 120C-200; 120C-201; 120C-206; 120C-207; 120C-215; 120C-401; 120C-402; 120C-403; 120C-404; 120C-600; 120C-603; 120C-800; Temporary Adoptio…

18 NCAC 12 .0319 EFFECTIVE DATE OF LATE DOCUMENT For a late submission of a document, there shall be no relation back of the document to an earlier date. History Note: Authority G.S. 120C-101(a); 120C-101(b); 120C-200; 120C-201; 120C-206; 120C-207; 120C-215; 120C-401; 120C-402; 1…

18 NCAC 12 .0320 PROCESS FOR AMENDING A DOCUMENT An individual or an entity who submitted a document to the Department for filing may amend it by submitting to the Department the amended document. History Note: Authority G.S. 120C-101(a); 120C-101(b); 120C-200; 120C-201; 120C-206…

18 NCAC 12 .0321 NOTARIZATION OF AMENDED QUARTERLY DOCUMENT An amendment form for a quarterly report shall be notarized. If an oath is required for a document, the amendment of the document shall be made under oath pursuant to Rule .0212 of this Chapter. History Note: Authority G…

18 NCAC 12 .0322 EFFECT OF AMENDED DOCUMENT An amendment to a document is filed as of the date on which it is submitted. History Note: Authority G.S. 120C-101(a); 120C-101(b); 120C-200; 120C-201; 120C-206; 120C-207; 120C-215; 120C-401; 120C-402; 120C-403; 120C-404; 120C-600; 120C…

SECTION .0400 – FEES 18 NCAC 12 .0401 GENERAL Except as otherwise permitted or required by the rules in this Chapter, a required fee shall be submitted together with the filing to which the fee applies. History Note: Authority G.S. 120C-101(a); 120C-201; 120C-207; 120C-215; 120C-…

18 NCAC 12 .0402 FORM OF PAYMENT A fee due with a document filed shall be paid by cash, warrant, uncertified check, certified check, money order, credit card or another instrument freely negotiable at par through the Federal Reserve System. Checks, money orders, credit cards or o…

18 NCAC 12 .0403 RETURN OF FEE INSTRUMENT BY ISSUING INSTITUTION A document filed with the Department is void if a check or other instrument for payment to the Department of a required fee is returned by the institution upon which it was issued as "insufficient funds" or for othe…

18 NCAC 12 .0419 reserved for future codification

18 NCAC 12 .0420 reserved for future codification

SECTION .0500 - ECONOMIC INFORMATION CONFIDENTIALITY PROTECTION 18 NCAC 12 .0501 REQUEST FOR PROTECTION OF CONFIDENTIALITY A principal may seek protection under the Secretary's authority from premature disclosure by the Department ("premature disclosure protection") of confidenti…

18 NCAC 12 .0502 TIMING OF SUBMISSION OF REQUEST FOR PROTECTION OF CONFIDENTIAL INFORMATION FROM PREMATURE DISCLOSURE A principal shall deliver an economic information protection request to the Department no later than the close of business on the date of the receipt by the Depar…

18 NCAC 12 .0503 CONSEQUENCES OF FAILURE TO REQUEST PROTECTION OF CONFIDENTIAL INFORMATION FROM PREMATURE DISCLOSURE AND FAILURE TO USE ECONOMIC INFORMATION PROTECTION REPORTING FORMS Except as otherwise provided in this Rule and this Chapter, the Department shall make documents …

18 NCAC 12 .0504 ONE DESIGNATION FORM PER ACTIVITY (a) An economic information protection request form submitted to the Department shall describe only one project involving economic development activity, economic development initiative, industrial or business recruitment activity…

18 NCAC 12 .0505 ECONOMIC INFORMATION PROTECTION FORMS SHALL BE USED TO REQUEST ECONOMIC INFORMATION PROTECTION AND FOR RELATED FILINGS A principal or lobbyist filing shall use the Department economic information request protection form when submitting a document to the Departmen…

18 NCAC 12 .0506 PRINCIPAL'S ECONOMIC INFORMATION PROTECTION AUTHORIZATION FORM A principal shall file an economic information protection principal authorization form together with the economic information protection request form. History Note: Authority G.S. 120C-101(a); 120C-10…

18 NCAC 12 .0507 PRINCIPAL'S ECONOMIC INFORMATION PROTECTION REGISTRATION FORM A lobbyist shall file an economic information protection registration form together with a copy of the principal's economic information protection request form. History Note: Authority G.S. 120C-101(a)…

18 NCAC 12 .0508 PRINCIPAL'S ECONOMIC INFORMATION PROTECTION MONTHLY OR QUARTERLY REPORT (a) Pursuant to G.S. 120C-403, a principal shall file a separate monthly or quarterly report related to economic development information for which an economic information protection request h…

18 NCAC 12 .0509 LOBBYIST'S ECONOMIC INFORMATION PROTECTION MONTHLY OR QUARTERLY REPORT (a) A lobbyist shall file a separate monthly or quarterly report pursuant to G.S. 120C-402 when engaging in lobbying related to economic development information for which an economic informati…

18 NCAC 12 .0510 PRINCIPAL'S AUTHORIZATION FOR LOBBYING UNRELATED TO ECONOMIC INFORMATION PROTECTION REQUEST If a principal has a lobbyist who engages in lobbying activities unrelated to economic development information for which an economic information protection request has bee…

18 NCAC 12 .0511 LOBBYIST REGISTRATION FOR LOBBYING UNRELATED TO ECONOMIC INFORMATION PROTECTION REQUEST If a principal has a lobbyist(s) who engages in lobbying activities unrelated to economic development information, the principal shall ensure that the lobbyist(s) shall file s…

18 NCAC 12 .0512 PRINCIPAL'S DOCUMENTS UNRELATED TO ECONOMIC INFORMATION PROTECTION REQUEST For lobbying not related to economic development information for which economic information protection has been requested, a principal shall file a separate monthly or quarterly report pur…

18 NCAC 12 .0513 LOBBYIST'S DOCUMENTS UNRELATED TO ECONOMIC INFORMATION PROTECTION REQUEST A lobbyist shall file a separate monthly or quarterly report pursuant to G.S. 120C-402 when engaging in lobbying not related to economic development information for which economic informati…

18 NCAC 12 .0514 REJECTION OF NON-ECONOMIC DESIGNATION INFORMATION - GENERAL (a) Except as otherwise provided in Section .0500 of this Chapter, the Department shall reject any economic information protection document that contains information that does not relate to economic deve…

18 NCAC 12 .0515 CORRECTION WITHIN SEVEN BUSINESS DAYS OF ECONOMIC INFORMATION PROTECTION FILING CONTAINING INFORMATiON NOT ENTITLED TO ECONOMIC DEVELOPMENT INFORMATION PROTECTION Within seven business days after notification by the Department that a document submitted with an ec…

18 NCAC 12 .0516 METHOD OF CORRECTING DOCUMENT CONTAINING INFORMATION NOT ENTITLED TO ECONOMIC INFORMATION PROTECTION Upon notification by the Department that a document shall be corrected by a principal or lobbyist, the principal or lobbyist shall: (1) Delete the unrelated infor…

18 NCAC 12 .0517 REJECTION OF UNCORRECTED DOCUMENT CONTAINING INFORMATION NOT ENTITLED TO ECONOMIC INFORMATION PROTECTION (a) If a principal or lobbyist fails to correct a document pursuant to Rules .0515 and .0516 of this Chapter, the Department shall reject the document. (b) Fa…