North Carolina Administrative Code

19a ncac 03J .0906 SURRENDER OF LICENSES History Note: Authority G..S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-327; Eff. October 1, 1991; Repealed Eff. August 1, 2002.

19A NCAC 03J .0907 LICENSE REQUIRED No person shall act as an instructor without the proper license as set forth in this Subchapter. A recruiter must have a separate license for each school that he represents. All recruiters must verify by signature that they have read and that t…

SUBCHAPTER 03K – DIVISION HEARING FEES 19A NCAC 03K .0101 ASSESSMENT OF ADMINISTRATIVE HEARING FEES (a) The Division shall provide notice to the applicant of a right to an administrative hearing, the procedure for requesting a hearing, the applicable fee for a hearing, notice on …

19A NCAC 03K .0102 ADMINISTRATIVE HEARING FEE SCHEDULE (a) The Division shall assess the following administrative hearing fees, pursuant to Rule .0101 of this Subchapter: (1) sixty dollars ($60.00) for a hearing related to a lapse in financial responsibility conducted pursuant G.…

19A NCAC 03K .0103 REVIEW OF DENIAL FOR IGNITION INTERLOCK SYSTEM (a) The Division of Motor Vehicles shall develop a form affidavit containing the applicant's name, driver's license number, identification number, or customer number, and the requirements set forth in G.S. 20-179.5…

CHAPTER 4 - SECRETARY OF TRANSPORTATION SUBCHAPTER 4A - DUTIES AND RESPONSIBILITIES 19A NCAC 04A .0101 IDENTIFYING INFORMATION History Note: Authority G.S. 143B-348; 143B-349; Eff. July 1, 1978; Repealed Eff. December 1, 1993.

19A NCAC 04A .0102 DUTIES AND FUNCTIONS OF THE SECRETARY OF TRANSPORTATION The duties, functions, and responsibilities of the Secretary of Transportation, as head of a principal state department, are described in the General Statutes and in Section 19A NCAC 1A .0200. History Note…

19A NCAC 04A .0103 ADVANCEMENT OF ANNUAL AND SICK LEAVE History Note: Authority G.S. 143B-10(j); 143-2; Eff. July 1, 1978; Repealed Eff. December 1, 1993.

19A NCAC 04A .0104 HIGHWAY TRAFFIC ORDINANCE AUTHORITY (a) The Secretary of Transportation is delegated the authority by the Board of Transportation to adopt all necessary rules for the use of and to police traffic on state highways. (b) The State Traffic Engineer is subdelegated…

19A NCAC 04A .0105 BRIDGE WEIGHT LIMITATION Any bridge that will not carry the maximum permissible statutory load limits shall have posted at each end of the bridge the gross weight limits as determined by the Chief Engineer or his designee. History Note: Authority G.S. 143B-350;…

19A NCAC 04A .0106 LIGHT TRAFFIC ROADS (a) The maximum axle weight permitted for any vehicle operated on a road designated as a "Light Traffic Road" shall be 13,000 pounds. (b) The Division Engineer shall keep a record of all "Light Traffic Roads" in the respective division and t…

19A NCAC 04A .0107 RULES ON OUTDOOR ADVERTISING The Secretary of Transportation is delegated the authority by the Board of Transportation to adopt all necessary rules to control and regulate outdoor advertising in accordance with related state and federal rules and statutes. Hist…

19A NCAC 04A .0108 RULES ON JUNKYARDS The Secretary of Transportation is delegated the authority by the Board of Transportation to adopt all necessary rules to control and regulate junkyards in accordance with related state and federal rules and statutes. History Note: Authority …

19A NCAC 04A .0109 RULES CONCERNING DIVISION OF MOTOR VEHICLES The Secretary of Transportation is delegated the authority by the Board of Transportation to adopt all necessary rules concerning the Division of Motor Vehicles. History Note: Authority G.S. 143B-350(f),(g); Eff. July…

SUBCHAPTER 04B - PERSONNEL SECTION .0100 - EMPLOYMENT POLICIES 19A NCAC 04B .0101 STATE PERSONNEL ACT History Note: Authority G.S. 143B-10(j); Eff. July 1, 1978; Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

SUBCHAPTER 5B - FISCAL SECTION .0100 - ADMINISTRATION 19A NCAC 05B .0101 FISCAL SECTION OPERATIONS The fiscal section operates under the Executive Budget Act, the Budget Manual of the Office of State Budget and Management (OSBM), and the Administrative Policies and Procedures Man…

19A NCAC 05B .0102 DEFINITIONS History Note: Authority G.S. 143B-10(j); 143B-348; 143-2; Eff. July 1, 1978; Amended Eff. December 1, 1993; Transferred and Recodified to 19A NCAC 5B .0209 Eff. May 1, 1994.

19A NCAC 05B .0103 DAILY INTEREST FORMULA History Note: Authority G.S. 143-2; 143B-10(j); 143B-348; Eff. July 1, 1978; Amended Eff. December 1, 1993; July 1, 1982; Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 05B .0104 FORM OF REMITTANCE All remittances for monies due the North Carolina Department of Transportation shall be made payable to the North Carolina Department of Transportation and shall include the division to which the monies are to be credited. For example, monies…

19A NCAC 05B .0105 REMITTANCE FOR GROUP HEALTH INSURANCE COVERAGE History Note: Authority G.S. 143-2; 143B-10(j); Eff. July 1, 1978; Amended Eff. November 1, 1991; Repealed Eff. December 1, 1993.

SECTION .0200 - AUDITS OF CONTRACTING PARTIES 19A NCAC 05B .0201 PRE-AWARD AUDIT: FINANCIAL CAPABILITIES All contracting firms, agencies, or recipients of grants or loans, except those whose contract was awarded as a result of the bidding process, state purchasing procedures, and…

19A NCAC 05B .0202 PRE-AWARD AUDIT: ACCOUNTING SYSTEM All contracting firms, agencies, or recipients of grants, except those whose contract was awarded as a result of the bidding process, state purchasing procedures, and those classified as local governments reporting under the S…

19A NCAC 05B .0203 PRE-AWARD AUDIT: PROPOSED COSTS Before a contract or agreement is executed, a pre-award audit may be performed by the External Audit Branch utilizing the historical costs of the proposing party to ascertain that the proposed charges are valid, reasonable, and a…

19A NCAC 05B .0204 DESK OR FIELD AUDIT The determination as to whether an audit will be a "desk" audit or a "field" audit will be at the discretion of the auditor. The auditor's decision will be based on the complexity of the contract or agreement, prior experience with the firm,…

19A NCAC 05B .0209 DEFINITIONS The following terms are defined to mean: (1) "Audit" is used to describe the following services performed in accordance with Government Auditing Standards of the U.S. General Accounting Office (GAO Yellow Book); (a) A final audit of completed actual…

SECTION .0300 - ADOPTION OF FEDERAL POLICIES 19A NCAC 05B .0301 ADOPTION OF FEDERAL CONTRACT GUIDELINES (a) In order to provide consistency and uniformity in the administration of all contracts, these the following guidelines including any subsequent amendments or editions of the…

SECTION .0500 - MOVING PROCEDURES 19A NCAC 05B .0501 MOVING POLICY History Note: Authority G.S. 143-2; 143B-10(j); Eff. July 1, 1978; Amended Eff. November 1, 1991; Repealed Eff. December 1, 1993.

19A NCAC 05B .0504 MOVING POLICY: MOVING QUOTATION FORM (602-EXP) History Note: Authority G.S. 143B-10(j); 143-2; Eff. July 1, 1978; Repealed Eff. December 1, 1993.

SECTION .0500 - BLANKET ORDERING 19A NCAC 05C .0501 PURPOSE The purpose of blanket ordering shall be to provide a convenient manner of purchasing on a continuous, as needed, basis from one official written order. It shall provide a mutual understanding with a vendor that an indef…

19A NCAC 05C .0502 NEGOTIATION PROCEDURE A purchasing officer may make arrangements for the establishment of a blanket order with a vendor. The vendor shall agree to allow a DOT representative to obtain items from his stock upon request with the understanding that charges will be…

19A NCAC 05C .0503 INVOICING Each vendor shall effect billing procedures on a periodical basis to cover those charges incurred against a given blanket order over a preceding given period. The vendor shall submit invoices in triplicate to the end user who shall in turn acknowledge…

SECTION .0600 - SHIPPING INSTRUCTIONS 19A NCAC 05C .0601 MARKINGS AND LABELS Each shipment to the Department shall be properly marked to the attention of the individual indicated on the purchase order form, plainly labeled with the respective order number and requisition number. …

19A NCAC 05C .0602 SHIPMENT STATES SPECIFICS All shipments to the Department, unless indicated otherwise, shall be shipped prepaid. Shipments to the Department shall be refused if made on a C.O.D. basis. History Note: Authority G.S. 143B-10(j); Eff. July 1, 1978; Amended Eff. Dec…

19A NCAC 05C .0603 PACKING SLIPS: BILL OF LADING: SHIPPING MANIFEST Each shipment to the Department must be accompanied with a packing slip or bill of lading to provide shipment identity and content. Any notation of shortage shall be entered on this document with acknowledgement …

SECTION .0700 - INVOICING PROCEDURE 19A NCAC 05C .0701 INVOICE REQUIREMENTS Each invoice submitted to DOT shall be rendered in triplicate, reflecting the respective order number, requisition number, and terms of payment. Submission shall be directly to the DOT purchasing section.…

19A NCAC 05C .0702 COMPUTED DISCOUNTS Time, in connection with discount offered, shall be computed from date of delivery of supplies or materials to carrier when final inspection and acceptance are at the point of origin or from date of delivery at destination when final inspecti…

19A NCAC 05C .0703 REMITTANCE: REPORT CONTINGENCY Remittance of payment for invoice received shall be contingent on a report submitted by the end user declaring total receipt and satisfaction of delivery. Until this acknowledgement is provided, payment procedures will not be unde…

SECTION .0200 - PROGRAM DEVELOPMENT 19A NCAC 05D .0201 APPLICATION FOR HIGHWAY SAFETY PROJECT CONTRACT (a) State agencies and local governments desiring funding for a highway safety project, shall submit the form GHSP-D-03 to the Governor's Highway Safety Program. (b) The Governo…

19A NCAC 05D .0204 APPLICATION FOR ENROLLMENT IN POLICE TRAINING COURSES History Note: Authority G.S. 136-18(5) and (12); 143B-357; 143B-360; Eff. July 1, 1978; Amended Eff. December 1, 1993; February 1, 1982; Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999…

19A NCAC 05D .0205 QUARTERLY PROGRESS REPORTS All project contractors receiving grants from the Governor's Highway Safety Program must submit progress reports at 90-day intervals. Projects not submitting progress reports within 15 days following the end of a quarter are subject t…

19A NCAC 05D .0206 TRAFFIC ENFORCEMENT ACTIVITY REPORT History Note: Authority G.S. 143B-360; Eff. July 1, 1978; Repealed Eff. November 1, 1991; Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999.

19A NCAC 05D .0207 ON SITE PROJECT REPORT The Governor's Highway Safety Program, at its discretion, may perform quarterly on-site monitoring of all aspects of projects funded by it. History Note: Authority G.S. 136-18(5) and (12); 143B-357; 143B-360; Eff. July 1, 1978; Amended Ef…

19A NCAC 05D .0208 FINAL ACCOMPLISHMENT REPORT All project contractors receiving grants from the Governor's Highway Safety Program must submit to the Governor's Highway Safety Program a final accomplish­ment report on Form GHSP-D-10 within 30 days of the termination of the contra…

19A NCAC 05D .0211 AVAILABILITY OF GOVERNOR'S HIGHWAY SAFETY PROGRAM FORMS All of the Governor's Highway Safety Program forms cited under the rules in this Section are obtainable from the Office of Highway Safety Program at: Motor Vehicles Building 1100 New Bern Avenue Raleigh, N…

SECTION .0300 - REIMBURSEMENT CLAIM PROCEDURES 19A NCAC 05D .0301 CLAIM FOR REIMBURSEMENT (a) Highway safety project contractors' claims for reimbursement for a state government project or a local government project shall be initiated by filing a Cost Summary Statement form with …

19A NCAC 05D .0302 SUPPORTIVE CLAIM All project contractors receiving grants from the Governor's Highway Safety Program and submitting claims for reimbursement must also furnish other supporting information as deemed necessary by the Governor's Highway Safety Program. History Not…

19A NCAC 05D .0303 REQUEST FOR REIMBURSEMENT AUDIT All project contractors receiving grants from the Governor's Highway Safety Program and submitting requests for reimbursement will be audited by a Department of Transportation Auditor before the Governor's Highway Safety Program …

SECTION .0400 - NONEXPENDABLE EQUIPMENT 19A NCAC 05D .0401 VERIFICATION OF ADHERENCE TO PURCHASING PROCEDURES History Note: Authority G.S. 136-18(5) and (12); 143-52; 143-53; 143-53.1; 143-54; 143B-357; 143B-360; 143-129; Eff. July 1, 1978; Amended Eff. January 1, 1994; November …

19A NCAC 05D .0402 NONEXPENDABLE PROPERTY ACCOUNTABILITY RECORD Project contractors receiving grants from the Governor's Highway Safety Program and purchasing nonexpendable equipment must submit the necessary forms as directed by the Governor's Highway Safety Program with the cla…

19A NCAC 05D .0403 DISPOSITION OF NONEXPENDABLE EQUIPMENT Project contractors receiving grants from the Governor's Highway Safety Program and disposing of nonexpendable equipment must request permission from the Governor's Highway Safety Program to do so on Form GHSP-A-13(R) indi…