North Carolina Administrative Code

04 NCAC 01K .0104 FUNDING LIMITATIONS Economic Development Grant awards are limited by: (1) maximum dollar amounts for each unit of government determined by the amount of (HUD) money received in any one funding year; and (2) the State-HUD approved program statement of operation f…

04 NCAC 01K .0105 PROJECTS NOT TO BE CONSIDERED FOR FUNDING (a) Projects that have evidence of prior major financial commitment by the local government applicant or the proposed project shall not be eligible for CDBG assistance. After an operator or beneficiary becomes economical…

SECTION .0200 - APPLICATION PROCEDURE 04 NCAC 01K .0201 GENERAL This Section provides the application procedures which shall be followed by applicants before the Secretary will make a final decision relative to project approval. The Secretary may request additional facts, details…

04 NCAC 01k .0202 pre-application conference History Note: Authority G.S. 143B-431; 24 C.F.R. 570.489; 24 C.F.R. 570.496; Temporary Adoption Eff. July 20, 1992 for a period of 180 days or until the Permanent rule becomes effective, whichever is sooner; Eff. December 1, 1992; Amen…

04 NCAC 01K .0203 APPLICATIONS Each Applicant that proceeds with a formal application shall take the following steps: (1) the applicant may employ or designate an application preparer and service provider for its application. If applicable, federal procurement guidelines shall be…

04 NCAC 01k .0204 discretionary public hearing by the department History Note: Authority G.S. 143B-431; 42 U.S.C.A. 5301; Temporary Adoption Eff. July 20, 1992 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Eff. December 29, 1992; Ame…

04 NCAC 01K .0205 FORMAL APPLICATION PROCEDURES: APPROVAL (a) The Secretary shall prepare a Letter of Approval and Grant Offer setting forth all findings and grant conditions. (b) The chief elected official who signed the original application shall be the addressee of the Letter …

04 NCAC 01K .0206 FORMAL APPLICATION PROCEDURES: DENIAL (a) The Secretary shall indicate in writing the reasons for denial of an application. (b) The Secretary shall indicate in writing that the unit of government may prepare a presentation, either written or oral which speaks fa…

04 NCAC 01k .0207 reimbursement of department expense History Note: Authority G.S. 143B-431; 24 C.F.R. 570-489; Eff. December 29, 1992; Repealed Eff. July 1, 2012.

SECTION .0300 - FINDINGS REQUIRED FOR APPROVAL 04 NCAC 01K .0301 GENERAL In order to approve a project it is necessary for the Secretary to find that: (1) the project shall have a measurable beneficial and desirable impact on the community; and (2) that the funding for the projec…

04 NCAC 01K .0302 CRITERIA FOR MAKING NECESSARY FINDINGS The Department shall determine criteria for making the approval findings, as follows: (1) The Department shall determine that the project business is capable of completing its proposed project activities in a successful man…

SECTION .0400 - GRANT ADMINISTRATION 04 NCAC 01K .0401 GRANT AGREEMENT AND FUNDING APPROVAL When the Secretary approves the project, offer of the grant agreement and funding approval and all modifications shall accompany and be attached to the communication of project approval. W…

04 NCAC 01K .0402 METHOD OF PAYMENT Recipients shall receive payments based on requisitions submitted for immediate disbursing needs as approved by the Department. No funds shall be kept on deposit for more than three banking days by the local government grantee. If for any reaso…

04 NCAC 01K .0403 METHOD OF ADMINISTRATION Units of government may contract with authorized entities certain responsibilities affecting Economic Development projects and monitoring the compliance of beneficiaries with grant conditions. Such a delegation by contract will not absol…

04 NCAC 01K .0404 MONITORING AND GRANT CLOSE OUT The Commerce Finance Center shall provide copies of the forms and documents needed to fulfill grant requirements in an annual performance report and in a final grant close out audit. Location visits and conferences with benefiting …

04 NCAC 01K .0405 ADMINISTRATIVE HEARINGS (a) Recipients may contest departmental actions with respect to this Subchapter under the Contested Case Hearing Procedures set forth in G.S. 150B and 26 NCAC 3 - Office of Administrative Hearings, Hearings Division. (b) The Department ma…

SUBCHAPTER 01m - HURRICANE FLOYD BUSINESS ASSISTANCE PROGRAMS SECTION .0100 - GENERAL INFORMATION 04 NCAC 01M .0101 SCOPE History Note: Authority G.S. 150B-21.1; S.L. 1999-463; Temporary Adoption Eff. February 1, 2000 to expire on January 1, 2003; Codifier approved request on Dec…

04 NCAC 01M .0102 ELIGIBILITY History Note: Authority G.S. 150B-21.1; S.L. 1999-463; Temporary Adoption Eff. February 1, 2000 to expire on January 1, 2003; Codifier approved request on December 30, 2002 to extend expiration until January 1, 2005; Codifier approved request on Dece…

04 NCAC 01M .0103 BENEFITS UNDER THE INTEREST REBATE PROGRAM History Note: Authority G.S. 150B-21.1; S.L. 1999-463; Temporary Adoption Eff. February 1, 2000 to expire on January 1, 2003; Codifier approved request on December 30, 2002 to extend expiration until January 1, 2005; Co…

04 NCAC 01M .0104 BENEFITS UNDER NC READE History Note: Authority G.S. 150B-21.1; S.L. 1999-463; Temporary Adoption Eff. February 1, 2000 to expire on January 1, 2003; Codifier approved request on December 30, 2002 to extend expiration until January 1, 2005; Codifier approved req…

04 NCAC 01M .0105 PROCEDURES FOR INTEREST REBATE FOR SBA BORROWERS History Note: Authority G.S. 150B-21.1; S.L. 1999-463; Temporary Adoption Eff. February 1, 2000 to expire on January 1, 2003; Codifier approved request on December 30, 2002 to extend expiration until January 1, 20…

04 NCAC 01M .0106 PROCEDURES FOR NC READE History Note: Authority G.S. 150B-21.1; S.L. 1999-463; Temporary Adoption Eff. February 1, 2000 to expire on January 1, 2003; Codifier approved request on December 30, 2002 to extend expiration until January 1, 2005; Codifier approved req…

04 NCAC 01M .0107 APPEAL History Note: Authority G.S. 150B-21.1; S.L. 1999-463; Temporary Adoption Eff. February 1, 2000 to expire on January 1, 2003; Codifier approved request on December 30, 2002 to extend expiration until January 1, 2005; Codifier approved request on December …

04 NCAC 02A .0205 ENFORCEMENT DIVISION: FUNCTIONS History Note: Authority G.S. 18A-15(14); 18A-19; 18A-21; 18A-22; 18A-24; Eff. February 1, 1976; Repealed Eff. November 1, 1977.

04 NCAC 02A .0206 HEARINGS DIVISION: FUNCTIONS History Note: Authority G.S. 18A-14; 18A-15(14); 18A-44; Eff. February 1, 1976; Readopted Eff. November 1, 1977; Repealed Eff. January 1, 1982.

SECTION .0600 - ENFORCEMENT DIVISION EMPLOYMENT POLICIES This Section .0600 of Subchapter 2B of the North Carolina Administrative Code (4 NCAC 2B .0600); ENFORCEMENT DIVISION EMPLOYMENT POLICIES; has been transferred to the Department of Crime Control and Public Safety and recodi…

SECTION .0700 - ENFORCEMENT OF ABC LAWS AND REGULATIONS: PROCEDURES This Section .0700 of Subchapter 2B of Title 4 of the North Carolina Administrative Code (4 NCAC 2B .0700); ENFORCEMENT OF ABC LAWS AND REGULATIONS; PROCEDURES; has been transferred to the Department of Crime Con…

04 NCAC 02B .0918 AERIAL DISPLAYS History Note: Authority G.S. 18A-10; 18A-15(14); Eff. August 1, 1980; Repealed Eff. January 1, 1982.

04 NCAC 02E .0222 TRADE NAME SIGNS History Note: Authority G.S. 18A-15(14); Eff. February 1, 1977; Readopted Eff. November 1, 1977; Repealed Eff. January 1, 1982.

04 NCAC 02E .0314 CONSIGNMENT SALES History Note: Authority G.S. 18A-15(14); 18A-49; Eff. March 15, 1978; Repealed Eff. January 1, 1982.

04 NCAC 02F .0307 PLATFORM SALES History Note: Authority G.S. 18A-15(14); Eff. February 1, 1977; Readopted Eff. November 1, 1977; Repealed Eff. January 1, 1982.

04 NCAC 02H .0107 FINANCIAL STATEMENTS AND RECORD KEEPING History Note: Authority G.S. 18A-15(14); 18A-30(4); Eff. May 1, 1979; Repealed Eff. November 15, 1979.

04 NCAC 02I .0120 WHEN SPECIAL OCCASIONS PERMIT INVALID History Note: Authority G.S. 18A-15(14); 18A-30; Eff. November 1, 1978; Repealed Eff. January 1, 1982.

04 NCAC 02J .0105 LOSS OF GRADE A RATING History Note: Authority G.S. 18A-15(14); 18A-39(e); 18A-38(g); Eff. February 1, 1976; Readopted Eff. November 1, 1977; Amended Eff. March 1, 1978; Repealed Eff. November 15, 1979.

04 NCAC 02L .0404 FILLING ORDERS AND PERMITTEE PURCHASE FORM History Note: Authority G.S. 18A-15(14); 18A-29.1; Eff. November 1, 1978; Repealed Eff. November 15, 1979.

04 NCAC 02L .0405 MIXED BEVERAGES TAX STAMP History Note: Authority G.S. 18A-15(14); Eff. November 1, 1978; Repealed Eff. January 1, 1982.

CHAPTER 03 - BANKING COMMISSION SUBCHAPTER 03A - ORGANIZATION SECTION .0100 - GENERAL INFORMATION 04 NCAC 03A .0101 NAME: LOCATION AND ADDRESS The Office of the Commissioner of Banks is located at 316 West Edenton Street, Raleigh, North Carolina. The mailing address for the Offic…

SUBCHAPTER 03B - RULE-MAKING AND CONTESTED CASES SECTION .0100 - RULE-MAKING 04 NCAC 03B .0101 PETITIONS (a) Any person wishing to submit a petition requesting the adoption, amendment, or repeal of a rule by the Banking Commission shall address a petition to: Office of The Commis…

04 NCAC 03B .0102 NOTICE (a) Any person or agency desiring to be placed on the mailing list for Banking Commission rule-making notices may file a request in writing, furnishing their name and mailing address to: Office of The Commissioner of Banks 4309 Mail Service Center Raleigh…

04 NCAC 03B .0103 HEARINGS (a) Unless otherwise stated in a particular rule-making notice, hearings before the Banking Commission shall be held in Raleigh, North Carolina, at regular scheduled or special called meetings of the Banking Commission. (b) Any person desiring to presen…

04 NCAC 03B .0104 TEMPORARY RULES History Note: Authority G.S. 53-77.3; 53-92; 150B-13; Eff. February 1, 1976; Repealed Eff. September 1, 1988.

04 NCAC 03B .0105 DECLARATORY RULINGS (a) Any person substantially affected by a statute administered or rule promulgated by the Commissioner of Banks or the Banking Commission may request a declaratory ruling as to: (1) whether, and if so how, the statute or rule applies to a gi…

04 NCAC 03B .0207 WAIVER History Note: Authority G.S. 53-92; 150B-40(a); Eff. February 1, 1976; Repealed Eff. August 1, 1988.

04 NCAC 03B .0208 DEPOSITIONS History Note: Authority G.S. 53-91; 150B-39(a); Eff. February 1, 1976; Repealed Eff. August 1, 1988.

04 NCAC 03B .0219 DEFINITIONS As used in this Subchapter: (1) "Appellate panel" means an appellate review panel appointed pursuant to G.S. 53C-2-6(b). (2) "Commission" means the North Carolina State Banking Commission. (3) "Commissioner" means the North Carolina Commissioner of B…

04 NCAC 03B .0220 HEARINGS Whenever the Commissioner is authorized or required by law to hold a hearing, the hearing officer shall conduct the hearing in accordance with the applicable provisions of law, the Rules of Civil Procedure, the Rules of Evidence and the procedures set f…

04 NCAC 03B .0221 APPLICATION OF THE RULES OF CIVIL PROCEDURE Except as otherwise provided in this Subchapter or in G.S. 150B, the Rules of Civil Procedure shall apply in hearings and prehearing proceedings governed by this Subchapter to the same extent as though the hearing or p…