North Carolina Administrative Code

18 NCAC 12 .0518 CONTENTS OF ECONOMIC INFORMATION PROTECTION REQUEST An economic information protection request filed with the Department shall contain the following information: (1) A description of the economic development activity, economic development initiative, industrial o…

18 NCAC 12 .0519 DESCRIPTION OF THE ECONOMIC DEVELOPMENT ACTIVITY ENTITLED TO PROTECTION FROM PREMATURE DISCLOSURE The economic information protection request form filed with the Department shall contain a description of the economic development activity, initiative, industrial, …

18 NCAC 12 .0520 IDENTIFICATION OF AUTHORIZED INDIVIDUAL A principal shall designate and authorize at least one other individual to file a release authorizing the Department to disclose the confidential economic development information and to make it publicly available pursuant t…

18 NCAC 12 .0521 DESIGNATION OF AUTHORIZED STATE OR LOCAL GOVERNMENT EMPLOYEE, OFFICIAL, OR PUBLIC SERVANT A principal shall identify to the Department on the economic development protection request form as required by Rule .0518 of this Chapter at least one State or local govern…

18 NCAC 12 .0522 CONFIRMATION SIGNATURE The authorized government official identified pursuant to Rule .0518 of this Chapter shall sign the economic information protection request form. History Note: Authority G.S. 120C-101(a); 120C-101(b); 132-6(d); 132-9; Temporary Adoption Eff…

18 NCAC 12 .0523 VERIFICATION BY GOVERNMENT OFFICIAL SIGNATURE The signature of the authorized government official on the economic information protection request form verifies that: (1) The position held by the authorized government official signer meets the criteria set out in R…

18 NCAC 12 .0524 VERIFICATION BY AUTHORIZED OFFICIAL SIGNATURE A principal shall complete the section of the economic information protection request form which sets forth the principal's decision as to whether the authorized government official has the principal's authority to ex…

18 NCAC 12 .0525 DEPARTMENT ACTION UPON RECEIPT OF RELEASE OR NOTIFICATION The Department shall make the previously confidential economic development information publicly available pursuant to G.S. 120C-220, 120C-405 and Chapter 132 of the General Statutes upon a date specified b…

18 NCAC 12 .0526 DEPARTMENT ACTION UPON RECEIPT OF INFORMATION INDICATING PREVIOUSLY CONFIDENTIAL ECONOMIC DEVELOPMENT INFORMATION MAY NO LONGER BE PROTECTED FROM DISCLOSURE Upon receipt of information that economic development information may no longer be protected from disclosu…

18 NCAC 12 .0527 PRINCIPAL AND AUTHORIZED GOVERNMENT OFFICIAL RESPONSE A principal and the authorized government official shall comply with Rules .0528 and .0529 of this Chapter within 10 business days of receipt of a contact from the Department regarding information that economi…

18 NCAC 12 .0528 CONFIRMATION OF ANNOUNCEMENT BY PRINCIPAL AND AUTHORIZED GOVERNMENT OFFICIAL RESPONSE In response to the departmental contact described in Rule .0527 of this Chapter, a principal and authorized government official shall confirm to the Department that: (1) The Sta…

18 NCAC 12 .0529 CONFIRMATION THAT RELEASE IS AUTHORIZED In response to the departmental contact described in Rule .0527 of this Chapter, a principal and authorized government official shall also confirm to the Department that: (1) The principal has communicated the commitment or…

18 NCAC 12 .0530 CONDITIONS WHEN RESPONSE TO DEPARTMENT CONTACT RESULTS IN RELEASE The Department shall release and make publicly available pursuant to G.S. 120C-220, 120C-405 and Chapter 132, information previously held confidential when both the principal and authorized governm…

18 NCAC 12 .0531 CONDITIONS WHEN RESPONSE TO DEPARTMENT CONTACT RESULTS IN CONTINUED PROTECTION OF INFORMATION FROM PREMATURE DISCLOSURE The Department shall not release and not make publicly available pursuant to G.S. 120C-220, 120C-405 and Chapter 132 of the General Statutes, i…

18 NCAC 12 .0532 CONDITIONS WHEN RESPONSE TO DEPARTMENT CONTACT MAY RESULT IN CONTINUED PROTECTION OF INFORMATION FROM PREMATURE DISCLOSURE The Department shall take further action to obtain confirmation as to whether information previously held confidential continues to meet the…

18 NCAC 12 .0533 SECRETARY OF COMMERCE DESIGNATION (a) A principal may designate the North Carolina Secretary of Commerce or his or her designee as the authorized government official pursuant to this Chapter. (b) With the consent of the North Carolina Secretary of Commerce, a loc…

18 NCAC 12 .0534 reserved for future codification

18 NCAC 12 .0535 SECRETARY OF COMMERCE DEFAULT DESIGNATION The failure of a principal to designate to the Department an authorized government official pursuant to Rule .0518 of this Chapter shall constitute designation of the Secretary of Commerce or his or her designee as the pr…

18 NCAC 12 .0536 CONTINUATION OF ECONOMIC INFORMATION PROTECTION FROM PREMATURE DISCLOSURE A principal shall file a new economic information protection request no later than the 31st day of each December for the next calendar year if the principal seeks continuation of economic i…

18 NCAC 12 .0537 RELEASE OF INFORMATION TO THE DEPARTMENT OF COMMERCE The Secretary of State may give the Secretary of the Department of Commerce the names of the entities who have received the economic information protection status if the principal has acknowledged to the Depart…

18 NCAC 12 .0538 CERTIFICATION PROCESS INVOLVING THE DEPARTMENT OF COMMERCE On or before December 1 of each year, the Department of the Secretary of State shall provide to the Department of Commerce a list of all of the filings where the principal has acknowledged to the Departme…

18 NCAC 12 .0539 DEPARTMENT OF COMMERCE CERTIFICATION OF STATUS For those economic information documents for which protection has been requested and the Secretary of Commerce or his or her designee has been designated as the authorized government official or default or designated…

18 NCAC 12 .0540 CONTINUATION SHALL INCLUDE CERTIFICATION A continuation request shall include certification that the circumstances continue to exist which qualify the filings for economic information protection status pursuant to G.S. 120C-101(b) and 132-6. History Note: Authori…

18 NCAC 12 .0541 ANNUAL CERTIFICATION OF ECONOMIC PROTECTION DESIGNATION An economic information protection status may be continued only by the annual submission of the economic information protection request form or the submission of the economic information protection continuat…

18 NCAC 12 .0542 EXTENSION OF CERTIFICATION WITHOUT RE-REGISTRATION In the event that a principal fails to register for a year following the initial request for economic information protection, the principal may file an economic information protection continuation form which veri…

18 NCAC 12 .0543 AUTHORIZED GOVERNMENT OFFICIAL CAN EXTEND CERTIFICATION In the event that a principal fails to register for a year following the initial request for economic information protection and the principal does not file an economic information protection continuation fo…

18 NCAC 12 .0544 AUTHORIZED GOVERNMENT OFFICIAL FILE RELEASE FORM The principal or authorized government official shall file a release form if the principal has: (1) Communicated to the State or local government agency involved with the project either: (a) A commitment to expand …

18 NCAC 12 .0545 CONTENTS OF RELEASE A release of previously confidential economic information shall: (1) Bear the signature of at least one of the government representatives identified pursuant to Rule .0518 of this Chapter; (2) Verify that the business has communicated to the S…

18 NCAC 12 .0546 reserved for future codification

section .0600 - GENERAL REGISTRATION REQUIREMENTS AND ENDING OF LOBBYIST-PRINCIPAL RELATIONSHIP 18 NCAC 12 .0601 MATTERS ON WHICH THE REGISTRANT EXPECTS TO ACT AS LOBBYIST An individual registering as a lobbyist shall specify on the registration form one or more categories in whi…

18 NCAC 12 .0602 REPORTING OF CHANGES IN MATTERS ON WHICH THE REGISTRANT EXPECTS TO ACT AS A LOBBYIST A person registered as a lobbyist shall report any changes in the matters on which the individual expects to act as a lobbyist pursuant to G.S. 120C-200(c). If the lobbyist begin…

18 NCAC 12 .0603 END OF LOBBYIST AND PRINCIPAL RELATIONSHIP If a relationship between a lobbyist and principal ends and the lobbyist files a resignation form with the Department and the principal files a termination form, the Department shall keep both forms on file. History Note…

18 NCAC 12 .0604 SUBSEQUENT REGISTRATION IN SAME YEAR A subsequent registration with the Department for a lobbyist or principal within the same calendar year shall be deemed a new registration and shall be accompanied by the required fee. History Note: Authority G.S. 120C-101(a);…

18 NCAC 12 .0605 RESIGNATION The effective date of a resignation of a lobbyist shall be governed by the rules in Sections .0200 and .0300 of this Chapter. History Note: Authority G.S. 120C-101(a); 120C-200; 120C-220; 120C-600; 120C-603; Eff. December 1, 2007; Pursuant to G.S. 150…

18 NCAC 12 .0606 ENDING OF LOBBYIST-PRINCIPAL RELATIONSHIP DOES NOT END REPORTING OBLIGATION Termination of a registration does not end the reporting obligation for any month or quarter in which reportable expenses were made while the person or entity was required to report. Hist…

SECTION .0700 - DISCLOSURE OF LOBBYIST AND PRINCIPAL IDENTITY 18 NCAC 12 .0701 LOBBYIST DISCLOSURE OF IDENTITY OF PRINCIPAL TO DEPARTMENT A lobbyist shall identify as his or her principal the person on whose behalf the lobbyist lobbies ("principal in fact") on all documents submi…

18 NCAC 12 .0702 reserved for future codification

18 NCAC 12 .0703 CONSEQUENCES OF FAILURE TO DISCLOSE THE PRINCIPAL IN FACT ON THE REGISTRATION FORM A lobbyist's registration shall be void if the lobbyist fails to identify the principal in fact on his or her registration form. History Note: Authority G.S. 120C-101(a); 120C-200;…

18 NCAC 12 .0704 reserved for future codification

18 NCAC 12 .0705 LOBBYIST IDENTIFICATION Before engaging in lobbying communications or activities with a designated individual, a lobbyist shall: (1) Communicate or confirm his or her identity to the designated individual; and (2) Communicate or confirm to the designated individu…

18 NCAC 12 .0706 DISCLOSURE TO A DESIGNATED INDIVIDUAL OF THE IDENTITY OF THE PRINCIPAL BY THE LOBBYIST FOR A SINGLE PRINCIPAL Before engaging in lobbying communications or activities with a designated individual, a lobbyist representing a single principal shall identify his or h…

18 NCAC 12 .0707 DISCLOSURE TO A DESIGNATED INDIVIDUAL OF THE IDENTITY OF THE PRINCIPAL BY A LOBBYIST WHO REPRESENTS MORE THAN ONE PRINCIPAL Before engaging in lobbying communications or activities with a designated individual, a lobbyist representing more than one principal shal…

18 NCAC 12 .0708 CONTENTS OF DISCLOSURE OF THE IDENTITY OF THE SPECIFIC PRINCIPAL(S) FOR WHOM LOBBYING BY A LOBBYIST WHO REPRESENTS MORE THAN ONE PRINCIPAL When making the disclosure required by Rule .0707 of this Chapter, a lobbyist shall use one or more of the following methods…

SECTION .0800 - LOBBYIST REPORTING 18 NCAC 12 .0801 QUARTERLY REPORT MAY INCLUDE LAST MONTH OF QUARTER REPORT Instead of filing a separate monthly report with the Department for the last month of the quarter, a lobbyist may incorporate that monthly report within the quarterly rep…

18 NCAC 12 .0802 QUARTERLY REPORT MAY INCORPORATE SEPARATELY FILED MONTHLY REPORTS A lobbyist may incorporate the separately filed monthly reports on the applicable quarterly report form filed with the Department. History Note: Authority G.S. 120C-101(a); 120C-400; 120C-401; 120C…

18 NCAC 12 .0803 QUARTERLY REPORT VERIFICATION OF MONTHLY REPORT INFORMATION A lobbyist's signature under oath on a quarterly report verifies that all information on the report regarding any incorporated monthly reports for that quarter and any amendments to the monthly reports i…

18 NCAC 12 .0804 reserved for future codification

18 NCAC 12 .0805 REPORTING OF CONTRACTS IN THE NORMAL CONDUCT OF DAILY LIFE A lobbyist shall not include on a report filed with the Department those contracts with designated individuals which are available to the public under the same terms in the ordinary course of business. Hi…

SECTION .0900 - REPORTING BY PRINCIPAL 18 NCAC 12 .0901 METHOD OF REPORTING COMPENSATION A principal shall report lobbyist compensation using the same method of calculation on each quarterly Department report. History Note: Authority G.S. 120C-101(a); 120C-101(b); 120C-400; 120C-…

18 NCAC 12 .0902 COMPREHENSIVE REPORTING A principal shall report to the Department: (1) What the principal actually paid to each lobbyist; (2) The amount of compensation the principal owes the lobbyist for that quarterly period and any other money that accrued or was paid for se…