North Carolina Administrative Code

25 NCAC 01O .0112 PERFORMANCE MANAGEMENT RESOURCES AND TRAINING History Note: Authority G.S. 126-4; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).

25 NCAC 01O .0113 confidentiality and records retention History Note: Authority G.S. 126-4; 126-24; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).

25 NCAC 01O .0114 Performance Management Compliance History Note: Authority G.S. 126-4; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).

25 NCAC 01O .0115 Performance Rating Dispute History Note: Authority G.S. 126-4; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).

25 NCAC 01O .0207 Frequency of Performance Reviews History Note: Authority G.S. 126-4; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).

25 NCAC 01O .0208 PERFORMANCE PLANNING History Note: Authority G.S. 126-4; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).

25 NCAC 01O .0209 PERFORMANCE Feedback History Note: Authority G.S. 126-4; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).

25 NCAC 01O .0210 addressing UNSATISFACTORY JOB performance History Note: Authority G.S. 126-4; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).

25 NCAC 01O .0211 ANNUAL PERFORMANCE EVALUATION History Note: Authority G.S. 126-4; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).

25 NCAC 01O .0305 OPTIONAL COURSES OF ACTION BETWEEN 1989 AND JULY 1, 1991 History Note: Authority G.S. 126-4; 126-7; Eff. January 1, 1990; Repealed Eff. July 1, 1991.

Chapter 02 – Office of americans with disabilities act SECTION .0100 – PERSONS WITH DISABILITIES PROTECTION 25 ncac 02 .0101 ACCOMMODATING REQUESTS FOR ACCESS TO PUBLIC SERVICES History Note: Authority G.S. 168A-10.1; Eff. July 1, 2004; Pursuant to G.S. 150B-21.3A, rule is necess…

SECTION .0200 - DISPUTE RESOLUTION 25 ncac 02 .0201 DISPUTE RESOLUTION PROCESS History Note: Authority G.S. 168A-10.1; Eff. July 1, 2004; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 28, 2014; Expired Eff. July 21, 2024 pursuant …

Title 26 – Office of Administrative hearings Chapter 01 - General SECTION .0100 - GENERAL 26 ncac 01 .0101 LOCATION (a) The principal office of the Office of Administrative Hearings is located at 1711 New Hope Church Road, Raleigh, North Carolina. The mailing address is 1711 New …

26 NCAC 01 .0102 OFFICE HOURS: FILING OF DOCUMENTS History Note: Authority G.S. 150B-11; Eff. January 1, 1991; Repealed Eff. July 1, 1998.

26 NCAC 01 .0103 COST TO PUBLIC (a) Copies of any public records filed in the Office of Administrative Hearings are available at the "actual cost" as defined in G.S. 132-6.2(b). The Office of Administrative Hearings shall provide its "actual cost" on the Office of Administrative …

26 NCAC 01 .0104 EMPLOYEE INSURANCE COMMITTEE History Note: Authority G.S. 7A-751(a); 58-31-60; Eff. February 1, 1987; Recodified from 26 NCAC 1 .0003 Eff. January 1, 1991; Amended Eff. December 1, 1999; April 1, 1991; January 1, 1991; Repealed Eff. November 1, 2012.

26 NCAC 01 .0105 EMERGENCY WAIVER The Director of the Office of Administrative Hearings shall waive any rule adopted by the Office of Administrative Hearings that is not statutorily required if the Director finds that the waiver is necessary to protect the public health and safet…

SECTION .0200 - PETITION FOR RULE-MAKING - DECLARATORY RULINGS 26 NCAC 01 .0201 INSTRUCTIONS FOR FILING A PETITION FOR RULE-MAKING (a) Any person may petition the Office of Administrative Hearings (OAH) to adopt a new rule, or amend or repeal an existing rule by submitting a rule…

26 NCAC 01 .0202 DECLARATORY RULINGS: AVAILABILITY (a) The Director or his designee may issue declaratory rulings. All requests for declaratory rulings shall be in writing and submitted to: Office of Administrative Hearings 1711 New Hope Church Road Raleigh, North Carolina 27609 …

SECTION .0300 - TEMPORARY RULEMAKING 26 NCAC 02A .0301 FILING TEMPORARY RULES: ADOPTIONS: AMENDMENTS: REPEALS History Note: Filed as a Temporary Repeal Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Filed as a Te…

26 NCAC 02A .0302 SUBMISSION FOR FILING FORM History Note: Authority G.S. 150B-60; Eff. November 1, 1984; Amended Eff. January 1, 1989; August 1, 1986; Repealed Eff. January 21, 1991.

26 NCAC 02A .0303 PROCEDURE FOR REVIEW OF TEMPORARY RULES History Note: Filed as a Temporary Repeal Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Filed as a Temporary Adoption Eff. October 1, 1991 For a period o…

SECTION .0600 - AGENCY RESPONSIBILITY 26 NCAC 02A .0601 APA COORDINATORS History Note: Authority G.S. 150B-60; Eff. November 1, 1984; Amended Eff. August 1, 1986; Repealed Eff. July 16, 1988 in accordance with 150B-59(c).

26 NCAC 02A .0602 AGENCY RESPONSIBILITY History Note: Authority G.S. 150B-60; Eff. November 1, 1984; ARRC Objection Lodged Eff. January 19, 1988; Amended Eff. April 1, 1988; August 1, 1986; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

SECTION .0700 - ELECTRONIC FILINGS 26 NCAC 02A .0701 RULES FILED THROUGH ATMS COMPUTER SYSTEM History Note: Authority G.S. 150B-21.19; Eff. November 1, 1984; Amended Eff. January 21, 1991; August 1, 1986; Repealed Eff. August 2, 1993.

SUBCHAPTER 2B - NORTH CAROLINA REGISTER SECTION .0100 - PUBLICATION 26 NCAC 02B .0101 PUBLICATION OF THE NORTH CAROLINA REGISTER History Note: Filed as a Temporary Repeal Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is so…

26 NCAC 02B .0102 STATEMENTS OF ORGANIZATION History Note: Authority G.S. 150B-10; 150B-63; Eff. August 1, 1986; Repealed Eff. December 1, 1991.

26 NCAC 02B .0303 STATEMENT OF SUBJECT MATTER History Note: Filed as a Temporary Repeal Effective November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Filed as a Temporary Amendment Eff. October 1, 1991 for a period of 180 …

SECTION .0400 - ELECTRONIC FILINGS 26 NCAC 02B .0401 ELECTRONIC FILINGS AND FORMAT History Note: Filed as a Temporary Repeal Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Filed as a Temporary Amendment Eff. Octo…

SUBCHAPTER 02C - SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS TO BE PUBLISHED IN THE NORTH CAROLINA REGISTER AND THE NORTH CAROLINA ADMINISTRATIVE CODE SECTION .0100 – GENERAL Rules 26 NCAC 02C .0101 SCOPE (a) The rules in this Section set forth the general requirements fo…

26 NCAC 02C .0102 DEFINITIONS The following definitions apply throughout this Chapter and to all forms prescribed pursuant to this Chapter unless the context indicates otherwise: (1) "Action" means the adoption, amendment, or repeal of a rule. (2) "Adoption" means a new rule with…

26 NCAC 02C .0103 ORIGINAL AND DUPLICATE COPY (a) An agency shall submit an original and one copy of any document and form for publication in the Register or Code or on the OAH website. (b) An agency shall include an additional copy of the rule with any rule that is submitted to …

26 NCAC 02C .0104 RETURN COPY History Note: Authority G.S. 150B-21.17; 150B-21.18; 150B-21.19; Temporary Adoption Eff. November 1, 1995; Eff. April 1, 1996; Temporary Amendment Eff. January 1, 2003; Amended Eff. April 1, 2004 (this amendment replaces the amendment approved by RRC…

26 NCAC 02C .0105 ELECTRONIC VERSION (a) Any electronic version required to be submitted must be compatible with or convertible to the most recent version of Microsoft Word. The OAH shall not accept for publication any file in which the electronic version does not comply with thi…

26 NCAC 02C .0106 REFUSAL OF PUBLICATION (a) OAH shall refuse to publish any document submitted for publication that does not meet its requirements. (b) OAH shall return the document to the agency with an indication of the changes needed. (c) The agency may resubmit the document …

26 NCAC 02C .0107 rulemaking COORDINATOR AND MAILING LIST (a) Each agency head shall notify OAH in writing of the name and address of the agency's rulemaking coordinator. (b) The rulemaking coordinator shall notify OAH of any change in the agency's address. (c) Any person who des…

26 NCAC 02C .0108 GENERAL FORMAT INSTRUCTIONS An agency shall format each rule submitted to OAH for publication in the Register or Code as follows: (1) Paper Specifications: (a) 8½ by 11 inch plain white paper; (b) one side of the sheet only; (c) black ink; (d) 10 point font size…

26 NCAC 02C .0109 CITATION TO AUTHORITIES (a) The agency shall cite authorities according to the most current edition of the rules of citation contained in "A Uniform System of Citation" except as listed in Paragraph (b) of this Rule. "A Uniform System of Citation" is hereby inco…

26 NCAC 02C .0110 ILLUSTRATIONS/NOTES An agency may include material in the text of a rule which is an illustration of something in the rule. Illustrations shall be merely examples or clarifications which, when not read, do not change the meaning of the rule. The material which i…

26 NCAC 02C .0111 WAIVER OAH may waive any rule in this Subchapter that is not statutorily required if an agency submits a written request. Factors OAH shall use in determining whether to grant the waiver are: (1) degree of disruption to OAH publication and work schedule; (2) cos…

26 NCAC 02C .0112 Agency Final Copy History Note: Authority G.S. 150B-21.5; 150B-21.20; Temporary Adoption Eff. January 1, 2003; Temporary Repeal Eff. July 1, 2003.

26 NCAC 02C .0113 Authorization for signature (a) If the head of a principal state department has delegated the authority to sign forms to another pursuant to G.S. 143B-10(a), then the agency shall submit a copy of the delegation with rule filings. That delegation authorization d…

26 NCAC 02C .0114 agency final copy (a) OAH shall send electronically a final draft of an adopted emergency, temporary or permanent rule to an agency's rulemaking coordinator after the rule is filed with OAH. (b) The agency shall notify OAH of any error made in the draft within f…

26 NCAC 02C .0115 notification of consultation An agency who is required by G.S. 12-3.1 to consult with the Joint Legislative Commission on Governmental Operations shall notify OAH of the date of the consultation by notation on the Emergency Rulemaking Findings of Need form, the …

SECTION .0200 – CODIFICATION OF RULES 26 ncac 02c .0201 SCOPE The rules in this Section set forth the codification system of the North Carolina Administrative Code. Rules submitted for publication in the North Carolina Register and the North Carolina Administrative Code shall com…

26 ncac 02c .0202 CODIFICATION SYSTEM (a) All rules shall be codified within the system described in this Section. (b) OAH shall assign a title number to any agency that publishes its rules in the Code. (c) The agency shall arrange its rules in Chapters, and arrange them in subch…

26 NCAC 02C .0203 SUBCHAPTER SUBDIVISION (a) An agency may use the subchapter to divide chapters into subject areas. (b) When subdividing a chapter into subchapters, an agency shall subdivide the entire chapter into at least two subchapters. (c) A subchapter of the Code shall be …

26 NCAC 02C .0204 SECTION SUBDIVISION (a) The agency shall place rules in the same subject area in one section. The section is the subdivision that contains rules. (b) All sections shall be represented as the first two digits of a four digit number following a decimal. Sections s…

26 NCAC 02C .0205 RULE The rule shall be represented by the second two digits of the four numbers following a decimal. Rules shall be numbered consecutively unless a rule number has been reserved. The last two digits of the first rule shall be "01". History Note: Authority G.S. 1…

26 NCAC 02C .0206 RULE SUBDIVISION (a) For rules adopted by an agency prior to July 1, 2004, an agency shall subdivide a rule containing more than one idea into paragraphs labeled: (a), (b), (c), .... Any subdivided paragraphs shall be labeled: (1), (2), (3), ...; (A), (B), (C), …