North Carolina Administrative Code

04 NCAC 16K .0108 INVESTMENT OF FUNDS HELD AS FIDUCIARY (a) Funds held by a savings institution in a fiduciary capacity shall be invested in accordance with the instrument establishing the fiduciary relationship. When the instrument does not specify the character or class of inve…

04 NCAC 16K .0109 SELF-DEALING (a) Unless authorized by the instrument creating the relationship or by court order, property held by a savings institution as fiduciary shall not be sold or transferred, by loan or otherwise, to the savings institution or its affiliates; or the dir…

04 NCAC 16K .0110 CUSTODY OF INVESTMENTS (a) The investments of each fiduciary account shall be kept separate from the assets of the savings institution and shall be placed in the joint custody or control of not fewer than two of the officers or employees of the savings instituti…

04 NCAC 16K .0111 COMPENSATION OF SAVINGS INSTITUTION (a) If the amount of the compensation for acting in a fiduciary capacity is not provided for in the instrument creating the fiduciary relationship, set forth in Chapter 32 of the General Statutes, or otherwise agreed to by the…

04 NCAC 16K .0112 COLLECTIVE INVESTMENT (a) Funds held as fiduciary may be held in: (1) a common trust fund maintained by the savings institution for the collective investment and reinvestment of moneys contributed thereto by the savings institution in its capacity as trustee, ex…

04 NCAC 16K .0117 REPORTS AND FEES Savings institutions engaging in trust operations shall make reports regarding those operations as the Commissioner of Banks requires to evaluate the integrity of the operations. In addition to any other fees, savings institutions acting as fidu…

SUBCHAPTER 16L - VOLUNTARY DISSOLUTION 04 NCAC 16L .0101 PLAN OF LIQUIDATION History Note: Authority G.S. 54B-42; 54B-55; 54C-42; 54C-53; Eff. October 1, 1987; Repealed Eff. November 1, 2017.

04 NCAC 16L .0102 DISPOSITION OF ASSETS (a) After approval of the plan of liquidation by the Commissioner of Banks, the savings institution shall, except in case of dissolution under G.S. 54B-40 or G.S. 54C-41, mail a notice of the dissolution to each known creditor of the saving…

04 NCAC 16L .0103 Rescission AND CANCELLATION OF DISSOLUTION (a) At any time after the filing of the plan of liquidation and prior to the filing of a certificate of dissolution, a voluntary dissolution may be rescinded by filing a statement of revocation of dissolution. The conte…

04 NCAC 16L .0104 WAIVER The Commissioner of Banks may waive or alter any requirements set forth in this Section to promote the best interests of the public or the savings institution by assuring the safe and sound operation of the savings institution, or when the application of …

SECTION .0200 - REGULATION OF DOCKAGE 04 NCAC 17 .0201 DEFINITIONS History Note: Authority G.S. 113-315.29(10); ARRC Objection January 21, 1988; Eff. July 1, 1988; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

04 NCAC 17 .0202 RATES: FEES AND PENALTIES History Note: Authority G.S. 113-315.29(8),(9),(10); 113-315.34; ARRC Objection January 21, 1988; Eff. July 1, 1988; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

04 NCAC 17 .0203 GENERAL REGULATIONS FOR USE OF DOCK FACILITIES History Note: Authority G.S. 113-315.29; 113-315.34; 113-315.37; Eff. March 1, 1988; Amended Eff. March 1, 1990; Rule expired on September 18, 2014 for failure to report pursuant to G.S. 150B-21.3A(b).

Note: SL 2001-474 repealed Chapter 130A. The Hazardous Waste Management Commission's rulemaking authority was not transferred to any other agency. Pursuant to G.S 150B-21.7 the rules adopted by the Commission are repealed effective November 29, 2001. CHAPTER 18 - N.C. HAZARDOUS W…

04 NCAC 18 .0102 DEFINITIONS History Note: Filed as a Temporary Amendment Eff. November 1, 1989 for a period of 145 days to expire on March 25, 1990; Filed as a Temporary Rule Eff. September 25, 1989 for a period of 180 days to expire on March 25, 1990; Statutory Authority G.S. 1…

SECTION .0200 - SITE SELECTION CRITERIA 04 NCAC 18 .0201 INTRODUCTION History Note: Filed as a Temporary Rule Eff. September 25, 1989 for a period of 180 days to expire on March 25, 1990; Statutory Authority G.S. 130B-7(a)(5); 150B-13; Eff. March 1, 1990; Repealed Eff. November 2…

04 NCAC 18 .0202 SITE LOCATION EXCLUSIONS History Note: Filed as a Temporary Amendment Eff. November 1, 1989 for a period of 145 days to expire on March 25, 1990; Filed as a Temporary Rule Eff. September 25, 1989 for a period of 180 days to expire on March 25, 1990; Statutory Aut…

04 NCAC 18 .0203 SITE LOCATION FACTORS AND CRITERIA History Note: Filed as a Temporary Amendment Eff. January 25, 1990, for a period of 180 days to expire on July 24, 1990; Filed as a Temporary Rule Eff. November 7, 1989, for a period of 180 days to expire on May 6, 1990; Authori…

04 NCAC 18 .0204 LAND DISPOSAL UNIT SITE CRITERIA History Note: Filed as a Temporary Rule Eff. January 25, 1990, for a period of 180 days to expire on July 24, 1990; Statutory Authority G.S. 130B-7(a)(5),(24); 130B-11(b); 150B-13; Eff. July 1, 1990; Repealed Eff. November 29, 200…

SECTION .0300 - SITE SELECTION PROCEDURE 04 NCAC 18 .0301 GENERAL History Note: Filed as a Temporary Rule Eff. September 25, 1989 for a period of 180 days to expire on March 25, 1990; Statutory Authority G.S. 130B-7(a)(5); 150B-13; Eff. March 1, 1990; Repealed Eff. November 29, 2…

04 NCAC 18 .0302 COMMUNITIES INTERESTED IN HOSTING FACILITIES History Note: Filed as a Temporary Amendment Eff. November 1, 1989 for a period of 145 days to expire on March 25, 1990; Filed as a Temporary Rule Eff. September 25, 1989 for a period of 180 days to expire on March 25,…

04 NCAC 18 .0303 STATEWIDE SCREENING FOR SUITABLE SITES History Note: Filed as a Temporary Amendment Eff. February 28, 1990, for a period of 167 days to expire on July 24, 1990; Filed as a Temporary Amendment Eff. January 25, 1990, for a period of 180 days to expire on July 24, 1…

04 NCAC 18 .0304 SELECTION OF SUITABLE SITES History Note: Filed as a Temporary Amendment Eff. August 8, 1990 for a period of 180 days to expire on February 3, 1991; Filed as a Temporary Rule Eff. September 25, 1989 for a period of 180 days to expire on March 25, 1990; Statutory …

04 NCAC 18 .0305 SITE DESIGNATION REVIEW COMMITTEES History Note: Filed as a Temporary Rule Eff. September 25, 1989 for a period of 180 days to expire on March 25, 1990; Statutory Authority G.S. 130B-7(a)(24); 130B-19; 150B-13; Eff. March 1, 1990; Repealed Eff. November 29, 2001.

04 NCAC 18 .0306 PREFERRED SITE History Note: Filed as a Temporary Amendment Eff. August 3, 1990 for a period of 180 days to expire on February 1, 1991; Filed as a Temporary Rule Eff. September 25, 1989 for a period of 180 days to expire on March 25, 1990; Statutory Authority G.S…

04 NCAC 18 .0307 PREFERRED SITE LOCAL ADVISORY COMMITTEE History Note: Filed as a Temporary Rule Eff. September 25, 1989 for a period of 180 days to expire on March 25, 1990; Statutory Authority G.S. 130B-7(a)(24); 130B-11; 150B-13; Eff. March 1, 1990; Repealed Eff. November 29, …

04 NCAC 18 .0308 EVALUATION PROCEDURES History Note: Filed as a Temporary Rule Eff. January 25, 1990, for a period of 180 days to expire on July 24, 1990; Statutory Authority G.S. 130B-7(a)(5),(24); 130B-11(b); 150B-13; Eff. July 1, 1990; Repealed Eff. November 29, 2001.

04 NCAC 18 .0309 FINAL SITE History Note: Filed as a Temporary Adoption Eff. December 4, 1990 for a period of 180 days to expire on June 2, 1991; Statutory Authority G.S. 130B-7(a)(5); 130B-7(a)(24); 130B-11(b); 150B-13; ARRC Objection Lodged January 18, 1991; Eff. July 1, 1991; …

SECTION .0200 - PROCEDURES FOR ALLOCATION OF LOCAL PLANNING AND MANAGEMENT gRANTS 4 NCAC 19C .0201 TRANSMITTAL OF INFORMATION History Note: Authority G.S. 113-3; 143B-10; 143B-275 through 143B-277; 143-320 through 143-323; Eff. February 1, 1976; Amended Eff. April 1, 1979; Repeal…

04 NCAC 19C .0202 REGIONAL INFORMATION MEETINGS History Note: Authority G.S. 113-3; 143B-10; 143B-277; Eff. February 1, 1976; Repealed Eff. April 1, 1979.

SUBCHAPTER 19G - INDUSTRIAL AND POLLUTION CONTROL REVENUE BONDS This Subchapter 19G of Title 4 of the North Carolina Administrative Code (4 NCAC 19G), formerly 15 NCAC 13G; INDUSTRIAL AND POLLUTION CONTROL REVENUE BONDS; has been transferred to the Department of Commerce and reco…

04 NCAC 19K .0303 PROJECT DURATION History Note: Authority G.S. 143-323(e)(5); Eff. December 5, 1979; Repealed Eff. July 1, 1988.

04 NCAC 19K .0304 GRANT CRITERIA History Note: Authority G.S. 143-323(e)(5); Eff. December 5, 1979; Repealed Eff. October 1, 1984.

SUBCHAPTER 19L - NORTH CAROLINA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SECTION .0100 - GENERAL PROVISIONS 04 NCAC 19L .0101 PROGRAM PURPOSE AND OBJECTIVE The purpose of the North Carolina Community Development Block Grant Program is to develop viable communities by providing d…

04 NCAC 19L .0102 AUTHORITY History Note: Authority G.S. 143-323; 143B-276; 42 U.S.C.A. 5306(d); Eff. July 1, 1982; Amended Eff. March 1, 1984; Repealed Eff. October 1, 1984.

04 NCAC 19L .0103 DEFINITIONS (a) "Act" means Title I of the Housing and Community Development Act of 1974, P.L. 93-383, as amended. (b) "Applicant" means a local government which makes application pursuant to the provisions of this Subchapter. (c) "CDBG" means the State-administ…

04 NCAC 19L .0104 WAIVERS The Secretary may issue a written waiver of any requirements of this Subchapter not required by law whenever he determines that undue hardship to recipients or beneficiaries will result from applying the requirement and where application of the requireme…

04 NCAC 19L .0105 ELIGIBLE APPLICANTS Eligible applicants are all local governments excluding those designated as metropolitan cities or urban counties by Section 102(a)(4) and (6) of the Act. When two or more local governments submit a single application, one of them must be ide…

04 NCAC 19L .0106 AMENDMENTS ADOPTED BY REFERENCE All referenced federal documents in this Subchapter are hereby adopted by reference to include any later amendments pursuant to G.S. 150B-14(c). History Note: Authority 143B-10; 143B-431; 150B-14; Eff. April 1, 1989; Pursuant to G…

SECTION .0200 - ELIGIBLE APPLICANTS 04 NCAC 19L .0201 GENERAL History Note: Authority 42 U.S.C.A. 5306(d); Eff. July 1, 1982; Amended Eff. March 1, 1984; April 1, 1983; Repealed Eff. October 1, 1984.

04 NCAC 19L .0202 APPLICATION IN BEHALF OF OTHERS History Note: Authority G.S. 143-323; 42 U.S.C.A. 5306(d); 24 C.F.R. 570.489; Eff. July 1, 1982; Repealed Eff. April 1, 1983.

SECTION .0300 - ELIGIBLE AND INELIGIBLE ACTIVITIES 04 NCAC 19L .0301 ELIGIBLE ACTIVITIES This Subchapter incorporates by reference as eligible activities those activities described in the Housing and Community Development Act of 1974 as amended, including subsequent amendments an…

04 NCAC 19L .0302 INELIGIBLE ACTIVITIES All activities not defined as eligible in Rule .0301 shall be considered ineligible for assistance under this Subchapter. A general guide regarding ineligible activities is found in 24 CFR 570.207. Copies of this federal regulation are avai…

section .0400 – distribution of funds 04 NCAC 19L .0401 GENERAL (a) The Division shall designate specific due dates or open periods of time for submission of grant applications under each category, based on the amount of funds available and coordination with other federal program…

04 NCAC 19L .0402 TYPES OF GRANTS History Note: Authority G.S. 143-323; 42 U.S.C.A. 5304(b)(3); 24 C.F.R. 570.489; Eff. July 1, 1982; Amended Eff. March 1, 1984; Repealed Eff. October 1, 1984.

04 NCAC 19L .0403 SIZE AND USE OF GRANTS MADE TO RECIPIENTS (a) There is no minimum grant amount which applicants may request or be awarded. Grant awards made to any one recipient shall not exceed the following amount in each grant category: Community Revitalization: Concentrated…

04 NCAC 19L .0404 GRANT CATEGORY ALLOCATION Each program year, funds shall be reserved for each grant category. When authorized by the General Assembly the Division may set aside up to two percent for demonstration grants. The remaining funds shall be distributed by the Division …

04 NCAC 19L .0405 MULTI-YEAR GRANT COMMITMENTS History Note: Authority G.S. 143-323; 24 C.F.R. 570.489; 24 C.F.R. 570.491; Eff. July 1, 1982; Repealed Eff. March 1, 1984.

04 NCAC 19L .0406 INDIVIDUAL GRANT AMOUNTS History Note: Authority G.S. 143-323; 24 C.F.R. 570.489; Eff. July 1, 1982; Repealed Eff. October 1, 1984.

04 NCAC 19L .0407 GENERAL APPLICATION REQUIREMENTS (a) Local governments shall submit applications as prescribed by this Rule in order to be considered for funding. Selection of applications for funding shall be based primarily on information contained in the application; thus ap…