North Carolina Administrative Code

SECTION .0300 – FEES 18 NCAC 13 .0301 GENERAL REQUIREMENTS (a) A required fee shall be submitted together with the filing to which the fee applies. (b) A fee must be paid by cash, warrant, uncertified check, certified check, money order, or another instrument freely negotiable at…

SECTION .0400 – MAPS AND DESCRIPTIONS OF SERVICE AREAS 18 NCAC 13 .0401 PURPOSE The rules in this Section establish basic standards for map and description filings. History Note: Authority G.S. 55D-5; 55D-10; 55D-15; 66-352; 66-354(a); Temporary Adoption Eff. January 1, 2007; Eff…

18 NCAC 13 .0402 CONTENT SUFFICIENCY REQUIREMENT FOR SUBMITTED MAPS A map submitted shall accurately depict the geographic area to be served by reference to governmental boundaries, streets, roads, or geographical features. History Note: G.S. 55D-5; 55D-10; 55D-15; 66-352; 66-354…

18 NCAC 13 .0403 DESCRIPTIONS OF SERVICE AREAS (a) Service areas shall be described in a manner sufficient to enable a person to determine whether or not a particular location falls within the service area. NOTE: For example, any of the following descriptions would enable a perso…

18 NCAC 13 .0404 Reserved for future codification'

18 NCAC 13 .0405 REQUIRED MAP COMPONENTS A map shall have three basic components combined and submitted as a single final map document or image. These basic components are: (1) The map depicting recognizable geographic territory, (2) The service area depicting the filer's franchi…

18 NCAC 13 .0406 GENERAL REQUIREMENTS FOR MAP The map shall include: (1) The geographic map image; (2) A scale indicator; (3) A graphic indicating the direction North; (4) A title indicating the map's purpose; (5) A reference statement linking the map to the filing for which the …

18 NCAC 13 .0407 GENERAL REQUIREMENTS FOR SERVICE AREA The service area for a submitted map shall: (1) Delineate the service area as one or more polygons. The polygon(s) shall be closed on all sides; (2) Identify area included in the service area polygon(s) through use of color f…

18 NCAC 13 .0408 MAP BOUNDARY DETAIL REQUIREMENTS FOR SERVICE AREAS COVERING THE ENTIRE AREA OF ONE OR MORE MUNICIPALITIES OR COUNTIES (a) A map depicting a service area that covers the entire area of one or more municipalities provides sufficient boundary detail if the map depic…

18 NCAC 13 .0409 MAP BOUNDARY DETAIL REQUIREMENTS FOR SERVICE AREAS COVERING THE ENTIRE AREA OF THE STATE A map depicting a service area that covers the entire area of the State provides sufficient boundary detail if the map depicts the official boundaries of the State. History N…

18 NCAC 13 .0410 INCREASED MAP BOUNDARY DETAIL REQUIREMENTS FOR SERVICE AREAS COVERING LESS THAN THE ENTIRE AREA OF A MUNICIPALITY OR COUNTY A map depicting any service area that covers less than the entire area of a municipality or a county shall provide boundary detail as is ne…

18 NCAC 13 .0411 MAP SOURCES Maps obtained from the following sources may be submitted and are acceptable so long as the map submitted complies with all service area requirements in this Section: (1) A map which is obtained either from a property mapper certified by the Departmen…

18 NCAC 13 .0412 Reserved for future codification'

18 NCAC 13 .0413 ADDITIONAL MAP INFORMATION PERMITTED A map may contain additional information which will be useful to the customers of the franchise holder, the North Carolina Department of Revenue, local governments and others. Note: For example, a map may include geographical …

18 NCAC 13 .0414 FILING OF MAPS A paper copy and an electronic copy of a map shall be submitted with each filing for which a map is required. History Note: Authority G.S. 55D-5; 55D-10; 55D-15; 66-352; 66-353; 66-354(a); Eff. November 1, 2007; Pursuant to G.S. 150B-21.3A, rule is…

18 NCAC 13 .0415 ELECTRONIC MAP FORMAT REQUIREMENTS Any electronic copy of a map submitted under this Section shall be submitted either in Portable Document Format (PDF) or in a GIS "shapefile". History Note: Authority G.S. 55D-5; 55D-10; 55D-15; 66-352; 66-353; 66-354(a); Eff. N…

18 NCAC 13 .0416 ELECTRONIC MAP MEDIA REQUIREMENTS (a) Any electronic copy of a map submitted under this Section may be submitted using any of the following media: (1) A floppy disk; (2) A CD-Rom Disc, or (3) A DVD-Rom Disc. (b) The medium containing the electronic map shall be l…

18 NCAC 13 .0417 AMENDMENTS TO SERVICE AREAS PROHIBITED (a) A franchise holder shall not file an amendment to a map or service area description which changes the service area boundaries. (b) A new notice of franchise shall be filed if a filer seeks to change a franchise service a…

18 NCAC 13 .0418 PERMITTED MAP AND DESCRIPTION AMENDMENTS (a) A filer may amend a map or service area description for reasons other than changes to the service area boundaries. NOTE: For example, a filer may amend a map or service area description to further identify landmarks wi…

18 NCAC 13 .0419 ANNUAL SERVICE REPORT MAP SUBMISSION For the purpose of complying with the map filing requirements for annual service reports under G.S. 66-353, a filer submitting an annual service report shall either: (1) Combine and submit the information required by G.S. 66-3…

SECTION .0500 – NOTICE OF FRANCHISE 18 NCAC 13 .0501 SCHEDULES (a) A schedule shall set forth the proposed sequence and timing of the provision of service to the service area. Deviations from the proposed schedule shall be noted and explained in the annual service report as requi…

SECTION .0600 – NOTICE OF COMMENCEMENT OF SERVICE 18 NCAC 13 .0601 NOTICE OF COMMENCEMENT OF SERVICE A notice of commencement of service shall include: (1) The effective date of the notice of franchise for that service area as determined pursuant to Rule .0208 of this Chapter as …

SECTION .0700 – NOTICE OF WITHDRAWAL 18 NCAC 13 .0701 MINIMUM REQUIREMENTS A notice of withdrawal must include: (1) The name of the franchisee as stated on the notice of franchise; (2) The date of the notice of franchise; (3) The cities and counties identified in the original not…

18 NCAC 13 .0702 WITHDRAWAL NOTICE COVERS ENTIRE SERVICE AREA A withdrawal of a notice of franchise applies to the entire franchise service area. History Note: Authority G.S. 55D-5; 55D-10; 66-352(d); 66-354(a); Temporary Adoption Eff. January 1, 2007; Eff. November 1, 2007; Purs…

SECTION .0800 – ANNUAL SERVICE REPORT 18 NCAC 13 .0801 ONE ANNUAL SERVICE REPORT PER FRANCHISE History Note: Authority G.S. 55D-5; 55D-10(b)(7); 66-354(a); Temporary Adoption Eff. January 1, 2007; Temporary Adoption Expired November 1, 2007.

18 NCAC 13 .0802 ANNUAL SERVICE REPORT DESCRIPTION AND MAP INFORMATION Description and map information filed in an annual service report must correspond with description and map information in the notice of franchise to which the annual service report applies. History Note: Autho…

18 NCAC 13 .0803 ANNUAL SERVICE REPORT SCHEDULE The explanation included in an annual service report for a new schedule and the accompanying new schedule shall be linked to the description and map of the franchise service area in a manner which permits a person reading the explan…

18 NCAC 13 .0804 REQUIRED CUSTOMER SERVICE INFORMATION An annual service report shall specify the extent to which the following requirements contained in 47 C.F.R. Part 76 have been met: (1) 47 C.F.R. 76.309 Customer service obligations; (2) 47 C.F.R. 76.1602 Customer service--ge…

18 NCAC 13 .0805 ANNUAL SERVICE REPORT PERCENTAGE OF HOUSEHOLDS PASSED When listing the percentage of households passed in the service area as of July 1 of any preceding year for which a report was required, a filer shall list the percentage that was set forth on the annual servi…

SECTION .0900 – RECORDS 18 NCAC 13 .0901 ACCESSING PUBLIC RECORDS Records may be physically viewed at the Department by the public on weekdays during normal operating hours, except on State holidays. A list of State holidays may be viewed at: http://www.osp.state.nc.us/holsched.h…

CHAPTER 01 - DEPARTMENTAL RULES SUBCHAPTER 01A - ORGANIZATION OF THE DEPARTMENT SECTION .0100 - IDENTIFYING INFORMATION AND FUNCTIONS 19A NCAC 01A .0101 IDENTIFYING INFORMATION The principal offices of the Department of Transportation are located at: Highway Building 1 South Wilm…

19A NCAC 01A .0104 RULEMAKING AUTHORITY DEFINED Throughout this Title, "rulemaking authority" shall mean the person, board or commission empowered by statute or delegation of statutory authority to adopt and promulgate rules in the specific subject area in question. Note: For the…

SECTION .0200 - SECRETARY OF TRANSPORTATION 19A NCAC 01A .0201 IDENTIFYING INFORMATION The office of the Secretary of Transportation is located at: Highway Building 1 South Wilmington Street P.O. Box 25201 Raleigh, North Carolina 27611 History Note: Authority G.S. 143B-9; 143B-34…

SECTION .0300 - BOARD OF TRANSPORTATION 19A NCAC 01A .0301 IDENTIFYING INFORMATION The office of the Board of Transportation is located at: Highway Building 1 South Wilmington Street P.O. Box 25201 Raleigh, North Carolina 27611 Note: The exact composition of the Board of Transpor…

SECTION .0400 - DIVISION OF HIGHWAYS 19A NCAC 01A .0401 IDENTIFYING INFORMATION The principal offices of the Division of Highways are located at: Highway Building 1 South. Wilmington Street P.O. Box 25201 Raleigh, North Carolina 27611 History Note: Authority G.S. 136-141.1; 136-1…

19A NCAC 01A .0404 DUTIES AND RESPONSIBILITIES: STATE HIGHWAY ADMINISTRATOR History Note: Authority G.S. 20-119; 133-5; 136-18.3; 136-18(5); 136-18(11); 136-19; 136-28.1; 136-29; 136-30; 136-44.1; 136-64.1(d); 136-71.9; 136-71.10; 136-89.51; 136-89.59; 136-93; 143B-10(j); 143B-35…

19A NCAC 01A .0405 SECONDARY ROADS SECTION History Note: Authority G.S. 143B-10(b); 143B-348; 143B-350(g); Eff. July 1, 1978; Repealed Eff. December 29, 1993.

SUBCHAPTER 1B - RULEMAKING PROCEDURE SECTION .0100 - RULEMAKING GENERALLY 19A NCAC 01B .0101 PROCEDURAL REQUIREMENTS History Note: Authority G.S. 20-1; 136-18; 143B-346; 143B-350(f), (g); 150A-1; 150A-10; 150A-23; Resolutions of the Board of Transportation: November 7, 1975, July…

19A NCAC 01B .0102 GENERAL PROCEDURE This Subchapter is to be read and applied in conjunction with the applicable statutes of the Administrative Procedure Act. History Note: Authority G.S. 143B-350; 150B-18; Eff. July 1, 1978; Pursuant to G.S. 150B-21.3A, rule is necessary withou…

19A NCAC 01B .0103 STATUTORY PROVISIONS The procedures set forth in this Subchapter are in accordance with Article 2A of the Administrative Procedure Act. These procedures are established to implement Article 2A of the Administrative Procedure Act and should be read in conjunctio…

SECTION .0200 - PETITIONING FOR RULEMAKING 19A NCAC 01B .0201 PETITIONING PROCEDURES Any person wishing to submit a petition requesting the adoption, amendment, or repeal of a rule by the Department of Transportation shall submit a written petition to: Secretary, Department of Tr…

19A NCAC 01B .0202 CONTENTS OF PETITION A petition for adoption, amendment or repeal of a rule shall include the following information: (1) the rulemaking authority to which the petition is directed; (2) an indication of the subject areas to which petition is directed; (3) a draf…

19A NCAC 01B .0203 CONSIDERATION AND DISPOSITION OF PETITION (a) The Secretary of Transportation may designate a member of the Department of Transportation to determine whether to grant or deny the request for a rulemaking petition. The Secretary or his designee will determine, b…

SECTION .0300 - RULEMAKING HEARING 19A NCAC 01B .0301 HEARING OFFICER The Board of Transportation, as rulemaking authority for all transportation functions assigned to the Department of Transportation, has delegated the power to appoint the hearing officer or board to the Secreta…

19A NCAC 01B .0302 RECORD OF HEARINGS (a) The rulemaking coordinator shall make a complete record of every rulemaking proceeding and it shall contain: (1) the original petition; (2) all notices; (3) all written comments received or presented; (4) a transcript or recording of all …

SECTION .0400 - DECLARATORY RULINGS 19A NCAC 01B .0401 REQUEST FOR DECLARATORY RULING A request for a declaratory ruling must include the following information: (1) the name, address and telephone numbers of the requesting party; (2) the statute, rule, order, or ordinance to whic…

19A NCAC 01B .0402 PROCEDURE A declaratory ruling procedure may consist of written submissions or such other procedure as may be deemed appropriate in a particular case by the hearing officer. History Note: Authority G.S. 150B-4; Eff. July 1, 1978; Pursuant to G.S. 150B-21.3A, ru…

19A NCAC 01B .0403 BASIS FOR DENIAL OF REQUEST FOR DECLARATORY RULING The hearing officer may deny a request for a declaratory ruling for any of the following reasons: (1) Similar determination made elsewhere that applies; (2) Contested case hearing would be more appropriate; (3)…

SECTION .0500 - PUBLIC INSPECTION 19A NCAC 01B .0501 INSPECTION OF GENERAL RULES: POLICIES: ETC. The following are available for public inspection between 8:00 a.m. and 5:00 p.m. on Monday through Friday, holidays excepted, at: Office of the Secretary Department of Transportation…

19A NCAC 01B .0502 INSPECTION OF TRAFFIC ORDINANCES Traffic Ordinances are available for public inspection at: Transportation Mobility and Safety (Mail) 1561 Mail Service Center Raleigh, 27699-1561 (Delivery) 750 N. Greenfield Parkway Garner, NC 27529 History Note: Authority G.S.…