North Carolina Administrative Code

04 NCAC 19L .1405 SELECTION CRITERIA - SMALL BUSINESS LOAN PROGRAM History Note: Filed as a Temporary Repeal Eff. July 20, 1992 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Authority G.S. 143-323; 42 U.S.C.A. 5301; 24 C.F.R. 570.489…

SECTION .1800 - NORTH CAROLINA DEVELOPMENT LOAN FUND 04 ncac 19l .1801 GENERAL (a) The North Carolina Development Loan Fund is a loan program for non-entitlement communities participating in the Small Cities Community Development Block Grant program to access the Department of Ho…

04 NCAC 19L .1802 ELIGIBLE ACTIVITIES (a) This section incorporates by reference as eligible activities those activities described in the Housing and Community Development Act of 1974, as amended, including subsequent amendments and editions under Section 108 and in 24 CFR 570.70…

04 NCAC 19L .1803 ELIGIBILITY REQUIREMENTS (a) Applications for Development Loan Funds must show that: (1) All activities are eligible under state and federal regulations; and (2) Development Loan Funds proposed for each activity meet a national objective as specified by HUD regu…

04 NCAC 19L .1804 SIZE OF LOAN APPROVALS (a) Maximum and minimum loan amounts as set by the General Assembly shall be published by the Division in the annual CDBG Consolidated Plan Action Plan, part of the North Carolina Consolidated Plan. (b) Development Loan Funds approved shal…

04 NCAC 19L .1805 SELECTION CRITERIA Projects will be evaluated and maybe approved in accordance with the following selection factors: (1) Public benefit, (2) Project feasibility, (3) Cash flow of the project, (4) Collateral of the project. History Note: Authority G.S. 143B-431; …

SECTION .1900 - HURRICANE FLOYD RECOVERY ASSISTANCE Codifier's Note: This Section, 04 NCAC 19L .1900, has been transferred and recodified as 14B NCAC 14 .0100, effective June 1, 2013. See Executive Order 8, Governor Michael Easley, July 6, 2001.

section .2000 - infrastructure 04 NCAC 19L .2001 DESCRIPTION The infrastructure category includes activities in which funds are directed toward improving existing infrastructure or providing new infrastructure to existing neighborhoods with environmental or health problems; and p…

04 NCAC 19L .2002 ELIGIBILITY REQUIREMENTS (a) The only eligible activities in infrastructure are related to public water and public wastewater (sewer) to benefit homes in residential neighborhoods. Street repairs only to the extent necessary to repair surfaces dug up in laying p…

04 NCAC 19L .2003 SELECTION CRITERIA Criteria for Infrastructure awards are: (1) severity of needs; (2) benefit to low and moderate income persons; (3) local commitment; (4) treatment of needs; and (5) appropriateness and feasibility. History Note: Authority G.S. 143B-10; 143B-43…

SECTION .0400 - OPERATIONS CATEGORY 04 NCAC 19P .0401 DEFINITION History Note: Filed as a Temporary Rule Eff. April 4, 1988 for a period of 180 days to expire on October 1, 1988; Authority G.S. 143-323; 143B-10; 24 C.F.R. 575.21; ARRC Objection May 19, 1988; Expired Eff. October …

SUBCHAPTER 19R - EMERGENCY SHELTER GRANTS PROGRAM ADMINISTRATIVE RULES This Subchapter 19R of Title 4 of the North Carolina Administrative Code (T04.19R); EMERGENCY SHELTER GRANTS PROGRAM ADMINISTRATIVE RULES; has been transferred to the Department of Human Resources and recodifi…

SECTION .0200 - ELIGIBLE AND PROHIBITED ACTIVITIES 04 NCAC 19S .0201 ELIGIBLE ACTIVITIES AND COSTS History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R. Part 92; Eff. November 2, 1992; Repealed Eff. January 1, 2019.

04 NCAC 19S .0202 PROHIBITED COSTS History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R. Part 92; Eff. November 30, 1992; Repealed Eff. January 1, 2019.

SECTION .0300 - THRESHOLD FOR DIRECT HUD PARTICIPATION 04 NCAC 19S .0301 PARTICIPATION THRESHOLD AMOUNT History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R. Part 92; Eff. November 2, 1992; Repealed Eff. January 1, 2019.

SECTION .0400 - HOME PROGRAM FUNDING DISTRIBUTION 04 NCAC 19S .0401 DISTRIBUTION OF FUNDS History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R. Part 92; Eff. November 30, 1992; Repealed Eff. January 1, 2019.

SECTION .0800 - RESERVED FOR FUTURE CODIFICATION

SECTION .0900 - RESERVED FOR FUTURE CODIFICATION

04 NCAC 20B .0109 COMPLAINTS: DEMONSTRATED EFFECTIVENESS: CONTRACT BIDS History Note: Legislative Objection Lodged Eff. March 9, 1983; Statutory Authority G.S. 143B-430(b); 150B-2(2); 150B-11; 150B-23; Eff. March 1, 1983; Repealed Eff. October 1, 1984.

04 NCAC 20B .0305 ADMINISTRATION OF THE PLANS History Note: Authority G.S. 143B-430(b) through 279; 20 C.F.R. 676.37: Eff. February 1, 1976; Transferred from T01: 18 Eff. September 15, 1981; Amended Eff. August 1, 1982; Repealed Eff. October 1, 1984.

SECTION .0400 - PERSONNEL STANDARDS FOR SUBRECIPIENTS 04 NCAC 20B .0401 GENERAL PERSONNEL STANDARDS FOR SUBRECIPIENTS History Note: Authority G.S. 126; 143B-430(b); Ex. O. 93, June 8, 1983; 20 C.F.R. 628.3; 5 C.F.R. 900, Subpart F; Eff. February 1, 1976; Transferred from T01: 18 …

04 NCAC 20B .0404 CERTAIN POLITICAL ACTIVITIES PROHIBITED History Note: Authority G.S. 143-16; 143-16.2; 143-341; 143B-430(b); 5 U.S.C. 1502(a)(3); 5 U.S.C. 1503; 20 C.F.R. 629.3; Eff. February 1, 1976; Transferred from T01: 18 Eff. September 15, 1981; Amended Eff. October 1, 198…

04 NCAC 20B .0903 ALLOCATION OF GRANTS History Note: Filed as a Temporary Adoption Eff. July 25, 1991 for a period of 180 days to expire on January 21, 1992; Statutory Authority G.S. 143B-438.6; ARRC Objection Lodged August 22, 1991; Repealed Eff. December 1, 1991. Editor's Note:…

04 NCAC 20b .0904 coordination with other employment and training funds History Note: Authority G.S. 143B-438.6; Temporary Adoption Eff. July 25, 1991 for a period of 180 days to expire on January 21, 1992; Eff. December 1, 1991; Repealed Eff. July 1, 2012.

04 NCAC 20B .0905 ELIGIBILITY History Note: Filed as a Temporary Adoption Eff. July 25, 1991 for a period of 180 days to expire on January 21, 1992; Statutory Authority 143B-438.6; ARRC Objection Lodged August 22, 1991; Repealed Eff. December 1, 1991. Editor's Note: Agency repeal…

04 NCAC 20B .0908 REPORTING History Note: Filed as a Temporary Adoption Eff. July 25, 1991 for a period of 180 days to expire on January 21, 1992; Statutory Authority G.S. 143B-438.6; ARRC Objection Lodged August 22, 1991; Repealed Eff. December 1, 1991. Editor's Note: Agency rep…

04 NCAC 20C .0105 DIRECT APPEALS TO THE SECRETARY History Note: Authority G.S. 143B-430(b); 150B; Ex. O. 93, June 8, 1983; 20 C.F.R. 620.51; 20 C.F.R. 629.58; Eff. March 1, 1983; Amended Eff. February 1, 1986; October 1, 1984; Repealed Eff. August 1, 1988.

04 NCAC 20C .0106 SANCTIONS History Note: Authority G.S. 143B-430(b); 150B; Articles 3 and 4; Ex. O. 93, June 8, 1983; JTPA S 164; 20 C.F.R. 629.44; Eff. October 1, 1984; Amended Eff. August 1, 1988; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public intere…

Chapter 24 - Employment Security SUBCHAPTER 24A – GENERAL SECTION .0100 – GENERAL 04 NCAC 24A .0101 OFFICE LOCATION The administrative office of the North Carolina Department of Commerce, Division of Employment Security (hereinafter "DES" or "The Division") is located at 700 Wade…

04 NCAC 24A .0102 ADDRESS CHANGES AND ELECTRONIC ADDRESS CHANGES (a) Each employing unit that has or had individuals in employment as defined in G.S. 96-1 shall notify DES in writing of any change to its mailing address. This notice shall be transmitted by facsimile, via the inte…

04 NCAC 24A .0103 ADDRESSES FOR NOTICE AND ELECTRONIC NOTICE (a) In all transactions requiring notice by G.S. 96 or these Rules, DES shall provide notice to a claimant's or employer's last known address as reflected in its official records. (b) Except as provided in this Chapter,…

04 NCAC 24A .0104 ADDRESSES FOR FILING CLAIMS, APPEALS, EXCEPTIONS, REQUESTS OR PROTESTS (a) Claimants shall file a claim for unemployment insurance benefits on DES's website or by telephone. (1) The telephone number for DES's Customer Call Center for filing a new initial claim o…

04 NCAC 24A .0105 DEFINITIONS (a) In addition to the terms defined in G.S. 96, the following definitions apply whenever these terms are used in this Chapter: (1) "Additional claim" means the reopening of a valid initial claim for unemployment insurance benefits after a claimant, …

04 NCAC 24A .0106 FILING/MAILING DATES AND USE OF FORMS (a) Except as otherwise provided in this Chapter, a document or form shall be filed with DES on the date the document or form is received by DES. (b) When a filing deadline or due date for a form or payment falls on a Saturd…

04 NCAC 24A .0107 Digital Signatures A digital signature provided by an employing unit or claimant shall authenticate a written electronic communication sent to DES with the same force and effect as that of a manual signature by the person or individual using it. The digital sign…

04 NCAC 24A .0108 Signatures on Reports and Forms Where DES requires a signature on a report or form, the writing shall be signed by: (1) the individual, if the person required to submit the report or form is an individual; (2) the president, vice president, or other officer if t…

04 NCAC 24A .0109 POWER OF ATTORNEY (a) An employer may appoint an agent with authority to act on his, her, or its behalf with DES in accordance with G.S. 32C-2-214. An employer's appointment of an agent shall be made in writing in the manner prescribed by G.S. 32C-3-301, or by u…

04 NCAC 24A .0110 LIMITATION ON AUTHORITY GRANTED BY Power of attorney (a) A representative authorized to act for a claimant or employer pursuant to a power of attorney shall not enter appeals or protests from any decisions made by an adjudicator, appeals referee, hearing officer…

SECTION .0200 - REQUESTS FOR DOCUMENTS AND RECORDS UNRELATED TO PENDING APPEAL OR CONTESTED CASE 04 NCAC 24A .0201 WRITTEN REQUEST REQUIRED Any individual or employing unit requesting to inspect or copy any record containing confidential unemployment insurance information shall m…

04 NCAC 24A .0202 CLEAR DESCRIPTION OF RECORDS REQUIRED (a) Each written request for unemployment insurance information shall describe the record or records sought and provide sufficient details to permit identification and location of the records. (b) The request shall specify: …

04 NCAC 24A .0203 DETERMINATION AS TO DISCLOSURE (a) If the Chief Counsel or designee determines that the applicable law does not permit disclosure of the requested information, the Chief Counsel or designee shall provide written notification to the person making the request. The…

04 NCAC 24A .0204 RELEASE OF INFORMATION TO THIRD PARTY (a) Upon written request, a claimant, employer, applicant, or other person who authorizes information or records to be released to a third party or person shall provide: (1) the name of the third party or person; (2) the add…

04 NCAC 24A .0205 FEES FOR COPIES AND SERVICES (a) Search Fees: (1) The fee for searching DES records by authorized staff shall be four dollars and forty cents ($4.40) for each one-quarter hour or fraction thereof required to obtain the records to be searched or to search the rec…

04 NCAC 24A .0206 METHOD OF PAYMENT Payment of fees for the release of records unrelated to a pending matter or contested case shall be made to DES in accordance with 04 NCAC 24A .0104(aa). History Note: Authority G.S. 96-4; 20 CFR 603.8; Eff. July 1, 2015; Amended Eff. August 1,…

04 NCAC 24A .0207 PAYMENT REQUIRED BEFORE INFORMATION RELEASE (a) Payment shall accompany all requests for release of information. If payment does not accompany a request, or is insufficient to cover all fees, DES shall send an invoice for all fees due to the individual making th…

SECTION .0300 – PETITIONS FOR RULE-MAKING 04 NCAC 24A .0301 RIGHT TO PETITION (a) The petition shall be in writing and contain the following information: (1) the subject area to which the petition is directed; (2) a draft of the proposed or amended rule; (3) the reason for the pr…

04 NCAC 24A .0302 DISPOSITION OF PETITION (a) Upon receipt of a petition, the Secretary of Commerce, or designee shall review the petition to determine whether the public interest would be served by granting the request. (b) Within 30 days of receiving the petition, the Secretary…

04 NCAC 24A .0400 reserved for future codification

section .0500 – requests for documents, hearing recordins, and transcripts related to pending appeal or contested case 04 NCAC 24A .0501 WRITTEN REQUEST REQUIRED (a) A party requesting a copy of file documents, a digital recording of a hearing, or a written transcript of a hearin…

04 NCAC 24A .0502 INDIGENCY (a) A party who is unable to provide payment assurance with a written transcript request pursuant to 04 NCAC 24A .0501 may proceed in forma pauperis. The party may obtain a transcript if the request is accompanied by a written affidavit stating that he…