North Carolina Administrative Code

01 NCAC 06B .0610 DECISION MAKING AND APPEAL PROCEDURES It is the function of the Department of Administration to investigate all proposed easements in lands covered by water, and if it is determined that such easements are in the best interest of the public, to make recommendati…

SECTION .0700 - ASSESSMENTS AGAINST LANDS OWNED BY THE STATE 01 NCAC 06B .0701 LOCAL IMPROVEMENTS BY MUNICIPALITIES OR COUNTIES History Note: Authority G.S. 153A-189; 160A-221; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Expired Eff. August 1, 2018 pursuant to G.S. 1…

01 NCAC 06B .0702 REQUEST MUST BE MADE PRIOR TO CONSTRUCTION State participation in local improvement is authorized when the request for state participation is presented to the state prior to the time the improvements are made. The state will not give favorable consideration to a…

SECTION .0200 - INITIATION OF ADMINISTRATIVE HEARING 01 NCAC 06E .0201 NOTICE OF APPEAL PROCEDURE History Note: Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25; Eff. October 1, 1984; Repealed Eff. January 1, 1988.

01 NCAC 06E .0308 NOTICE OF PROPOSED HEARING DATE History Note: Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25; Eff. October 1, 1984; Repealed Eff. January 1, 1988.

SECTION .0500 - POST-HEARING PROCEDURE 01 NCAC 06E .0501 FINAL DECISION History Note: Authority G.S. 143-135.10; 150B-11; 150B-23; 150B-25; Eff. October 1, 1984; Repealed Eff. January 1, 1988.

subcHAPTER 06f – Telecommunications facilities for broadband providers 01 NCAC 06F .0101 DEFINITIONS For the purposes of this Chapter, the following definitions apply: (1) "Agency" means the body to which State owned or leased property is allocated. (2) "DIT" means the NC Departm…

01 ncac 06f .0102 APPLICATION Upon referral from the DIT, an Agency requesting the construction and placement of broadband equipment on state property shall submit to the Division of State Property a completed PO-2, Disposition of Real Property form, as set forth in 01 NCAC 06B .…

01 NCAC 06F .0103 procedures (a) The Division of State Property shall evaluate the information provided on the application and determine fair market value of the lease pursuant to G.S. 146-29.1. (b) The Division of State Property shall generate the lease, license, or easement and…

01 NCAC 06F .0104 TERMS AND CONDITIONS The following terms and conditions shall apply to the location and installation of equipment by a broadband provider on state owned or leased property: (1) All lease and license agreements shall be a five year term with two optional five yea…

01 ncac 06f .0105 termination Upon termination of the agreement, at the Agency's request, the broadband provider shall remove equipment and cabling from the tower, ice-bridge, and within fenced property. The Agency shall then inspect the property to ensure compliance with this Pa…

SECTION .0400 - BALANCED GROWTH POLICY This Section of Title 1 of Chapter 10 of the North Carolina Administrative Code (1 NCAC 10 .0400); BALANCED GROWTH POLICY; has been transferred and recodified as Section .0400 of Title 1 of Chapter 9 of the North Carolina Administrative Code…

SECTION .2100 - FAIR HOUSING 01 NCAC 11 .2101 PURPOSE History Note: Authority S.L. 1983, c. 522, s. 2; Eff. October 1, 1983; Repealed Eff. June 1, 1986.

01 NCAC 11 .2111 INVESTIGATION: SUBPOENAS History Note: Authority G.S. 41A-8; Eff. October 1, 1983; Amended Eff. March 1, 1989; Repealed Eff. January 1, 2013.

01 NCAC 11 .2116 CONCILIATION AGREEMENTS History Note: Authority G.S. 41A-7; Eff. October 1, 1983; Amended Eff. February 1, 1989; Repealed Eff. January 1, 2013.

01 NCAC 11 .2122 CIVIL ACTIONS BY COMPLAINANTS History Note: Authority S.L. 1983, c. 522, s. 1; Eff. October 1, 1983; Repealed Eff. June 1, 1986.

01 NCAC 11 .2123 CIVIL ACTIONS BY THE COUNCIL History Note: Authority S.L. 1983, c. 522, s. 1; Eff. October 1, 1983; Repealed Eff. February 1, 1989.

SECTION .0200 - STRUCTURE OF THE AGENCY 01 NCAC 12 .0201 DIRECTOR: OFFICE OF MARINE AFFAIRS History Note: Authority G.S. 143-347.14; 143B-390; Executive Order No. 28 dated July 7, 1972; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. June 1, 1986.

01 NCAC 12 .0204 RESOURCES CENTER PROGRAM DEVELOPMENT History Note: Authority G.S. 143-347.10 to 143-347.13; Executive Order No. 28 dated July 7, 1972; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. June 1, 1986.

01 ncac 12 .0605 organization: powers and duties History Note: Authority G.S.143B-390.2(b); Eff. May 1, 1987; Repealed Eff. December 1, 2006.

01 ncac 12 .1008 aPPROVAL OR dENIAL History Note: Authority G.S. 143B-390.2(b); Eff. May 1, 1987; Repealed Eff. December 1, 2006.

SECTION .1100 - UNAUTHORIZED USE OF FACILITIES: FEES 01 NCAC 12 .1101 UNAUTHORIZED ENTRY History Note: Authority G.S. 143B-390.2(b); Eff. February 1, 1987; Transferred and Recodified to 15A NCAC 28 .0301 Eff. August 1, 2007.

CHAPTER 15 - COMMISSION OF INDIAN AFFAIRS SECTION .0100 - GENERAL PROVISIONS 01 NCAC 15 .0101 PURPOSE History Note: Authority G.S. 143A-6(b),(c); 143B-404; 143B-405; Eff. November 1, 1976; Amended Eff. February 27, 1979; Repealed Eff. June 1, 1986.

01 NCAC 15 .0102 EXECUTIVE COMMITTEE (a) The executive committee consists of one member from each of the tribes or groups represented on the commission. The senior member from each delegation is officially appointed by the chairman. The chairman serves as chairman of the executiv…

01 NCAC 15 .0105 MEETINGS (a) It is a legislative requirement that notice of regular and special board meetings be given 10 days in advance. The agenda is to be included in the notice of meeting. (b) Agenda items are to reach the chairman of the board either in writing or orally …

01 NCAC 15 .0106 HOURS OF OPERATION History Note: Authority G.S. 143B-405; Eff. November 1, 1976; Repealed Eff. June 1, 1986.

01 NCAC 15 .0107 LOCATION History Note: Authority G.S. 143B-404; Eff. February 27, 1979; Repealed Eff. June 1, 1986.

section .0200 – LEGAL RECOGNITION OF AMERICAN INDIAN GROUPS 01 NCAC 15 .0201 AUTHORIZATION The rules in this Section, establish procedures to provide for the legal recognition by the State of presently unrecognized American Indian groups. History Note: Authority G.S. 143B-406; Ef…

01 NCAC 15 .0202 DEFINITIONS When used in this Section the following definitions apply: (1) "AMERICAN INDIAN TRIBE" means a population of Indian people all related to one another by blood or kinship, tracing their heritage to indigenous Indian tribes, and recognized by the State …

01 NCAC 15 .0203 GROUPS ELIGIBLE FOR PETITIONING PROCESS (a) Only American Indian groups located in North Carolina who can trace their historic origins to indigenous American Indian tribes prior to 1790 are eligible to petition or to be considered for State recognition as an Amer…

01 NCAC 15 .0204 GROUPS INELIGIBLE FOR RECOGNITION The following groups and entities are ineligible to petition for official State recognition as American Indian tribes: (1) Splinter Groups – as defined in Rule .0202 of this Section. (2) Previously denied petition groups or entit…

01 NCAC 15 .0205 COMMISSION ASSISTANCE TO PETITIONER (a) When a group has identified itself as an American Indian group, it shall request technical assistance from the Commission. The Commission shall explain the administrative processes for the legal recognition of an American I…

01 NCAC 15 .0206 SEATS ON THE COMMISSION History Note: Authority G.S. 71-16; Eff. November 1, 1976; Repealed Eff. February 27, 1979.

01 NCAC 15 .0207 NOTICE OF INTENT TO PETITION FOR RECOGNITION (a) A petitioning American Indian group shall file a Notice of Intent to Petition (hereinafter referred to as the "Notice of Intent") with the Commission's Recognition Committee. The Commission shall acknowledge receip…

01 NCAC 15 .0208 RECOGNITION COMMITTEE (a) The Recognition Committee shall be appointed by the chairperson of the Commission of Indian Affairs from the Commission members who are representing the recognized American Indian tribes and organizations in North Carolina. (b) Once a Pe…

01 NCAC 15 .0209 PROCEDURE FOR RECOGNITION The procedure to be followed for recognition shall be: (1) Petitioner shall submit a Notice of Intent to Petition, as set out in Rule .0207 of this Section, to the Commission of Indian Affairs. (2) The Commission shall acknowledge receip…

01 NCAC 15 .0210 CRITERIA FOR RECOGNITION AS A GROUP OR ORGANIZATION History Note: Authority G.S. 143B-406; Eff. February 11, 1980; Repealed Eff. April 1, 1999.

01 NCAC 15 .0211 RECOGNITION REQUIREMENT History Note: Authority G.S. 143B-407 Eff. February 11, 1980; Amended Eff. April 1, 1999; Repealed Eff. February 1, 2006.

01 NCAC 15 .0212 CRITERIA FOR RECOGNITION AS AN AMERICAN INDIAN TRIBE In deciding whether to grant recognition to petitioner, the Commission shall proceed as follows: (1) The Petitioner shall demonstrate continuous American Indian identity on a historic basis in satisfying each o…

01 NCAC 15 .0305 NOTICE MAILING LIST History Note: Authority G.S. 143B-406; 150B-12(b); Eff. November 1, 1976; Amended Eff. February 27, 1979; Repealed Eff. July 1, 1988.

01 NCAC 15 .0306 ADDITIONAL INFORMATION History Note: Authority G.S. 143B-406; 150B-12; Eff. November 1, 1976; Amended Eff. February 27, 1979; Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

01 NCAC 15 .0408 TEMPORARY RULES History Note: Authority G.S. 143B-406; 150B-13; Eff. November 1, 1976; Repealed Eff. August 1, 1988.

SECTION .0300 - SANITATION STANDARDS FOR CHILD DAY-CARE FACILITIES 01 NCAC 16 .0301 SANITATION STANDARDS History Note: Authority G.S. 110-91; 110-92; 150A-14; Eff. February 1, 1976; Readopted Eff. November 1, 1977; Amended Eff. February 1, 1985; Repealed Eff. January 1, 1986.

01 NCAC 16 .0404 COMMUNICATION AND TRANSPORTATION History Note: Authority G.S. 110-91(1),(2); 143B-375; Eff. February 1, 1976; Readopted Eff. November 1, 1977; Repealed Eff. February 1, 1985.

01 NCAC 16 .0405 INSURANCE History Note: Authority G.S. 110-91(1),(2); 143B-375; Eff. February 1, 1976; Readopted Eff. November 1, 1977; Repealed Eff. January 1, 1986.

01 NCAC 16 .0504 AGE QUALIFICATIONS FOR STAFF History Note: Authority G.S. 110-91(8); Eff. January 1, 1985; Repealed Eff. January 1, 1986.

SECTION .0600 - HEALTH STANDARDS FOR CHILDREN 01 NCAC 16 .0601 GENERAL PROVISIONS History Note: Authority G.S. 110-91(1),(2); 143B-375; Eff. February 1, 1976; Readopted Eff. November 1, 1977; Repealed Eff. January 1, 1986.

01 NCAC 16 .0602 MEDICAL CARE History Note: Authority G.S. 110-91(1); Eff. February 1, 1976; Readopted Eff. November 1, 1977; Repealed Eff. February 1, 1985.

01 NCAC 16 .0608 DISCIPLINE History Note: Authority G.S. 143B-375; Eff. February 1, 1985; Repealed Eff. January 1, 1986.

01 NCAC 16 .0707 SUPERVISION History Note: Authority G.S. 110-91(1),(2); 143B-375; Eff. February 1, 1976; Readopted Eff. November 1, 1977; Repealed Eff. February 1, 1985.