North Carolina Administrative Code

07 NCAC 04M .0204 REMOVAL OF NAMES FROM THE LIST (a) The Director of the Division of Archives and Records may for good cause remove any person from the list of professional researchers. (b) The term "good cause" as used in this Rule shall mean: (1) misrepresentation of credential…

07 NCAC 04M .0205 DEFINITION OF GOOD CAUSE History Note: Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a; Eff. February 1, 1985; Amended Eff. April 1, 2001; Repealed Eff. June 1, 2014.

SECTION .0300 - ACCESSIONING PROCEDURES OF OTHER THAN PUBLIC RECORDS 07 NCAC 04M .0301 ACCEPTANCE OF NON-GOVERNMENT PAPERS (a) Original materials of historical and cultural significance may be accepted for custody in the State Archives of North Carolina as a gift, subject to the …

section .0400 – DEACCESSIONING OF RECORDS 07 NCAC 04M .0401 REVIEW (a) The Director of the Division of Archives and Records shall review any accessioned records in the State Archives of North Carolina when records are: (1) duplicates; (2) not in keeping with the Division collecti…

07 NCAC 04M .0402 PREPARATION OF LISTS If the Director of the Office of Archives and History concurs with the decision to deaccession the identified records series, the Director of the Office of Archives and History shall ask the staff of the Division or Archives and Records to p…

07 NCAC 04M .0403 APPROVAL BY HISTORICAL COMMISSION (a) The Director of the Office of Archives and History shall send the list as set forth in Rule .0402, the rationale for the decision to deaccession the records, and the proposed disposal of the records to each member of the Nor…

section .0500 – STATE RECORDS CENTER 07 NCAC 04M .0501 TRANSFER OF RECORDS TO STATE RECORDS CENTER The State Records Center shall accept for transfer to its custody the records of state agencies, county agencies, or municipal agencies, provided the records are scheduled to be tra…

07 NCAC 04M .0502 LEGAL CUSTODY OF RECORDS (a) Public records sent to the State Records Center in accordance with the provisions of an approved records retention and disposition schedule, or in accordance with any other agreement between the Department of Cultural Resources and t…

07 NCAC 04M .0503 PROCEDURES FOR TRANSFER OF RECORDS (a) A custodian of public records shall initiate the transfer of records to the State Records Center. A representative of the custodian shall submit to the State Records Center supervisor a records transfer notice form includin…

07 NCAC 04M .0504 PHYSICAL TRANSMITTAL OF RECORDS History Note: Authority G.S. 121-4(2); 121-5(d); 143B-62(2)b; Eff. February 1, 1985; Repealed Eff. June 1, 1989.

07 NCAC 04M .0505 RECORDS CENTER REFERENCE SERVICE History Note: Authority G.S. 121-4(2); 121-5(d); 143B-62(2)b; Eff. February 1, 1985; Amended Eff. June 1, 1989; Repealed Eff. June 1, 2014.

07 NCAC 04M .0506 PERSONAL PICKUP FOR EMERGENCY REFERENCE Records approved for emergency reference shall not be mailed or sent by interagency messenger service. The representative sent to retrieve records must bring identification and written authorization for release signed by t…

07 NCAC 04M .0507 PERSONNEL RECORDS Any employee or former employee desiring access to personnel records in the possession of the State Records Center shall make the request through the personnel office of the agency that retains legal custody of the records. Upon receipt of requ…

07 NCAC 04M .0508 CERTIFICATION BY AGENCY WITH CUSTODY (a) The Department of Cultural Resources shall certify only copies of records that are in its legal custody. (b) Copies of records that are only in the physical custody of the State Records Center must be certified by the age…

07 NCAC 04M .0509 DESTRUCTION OF RECORDS IN STATE RECORDS CENTER Records transferred to the State Records Center according to Rule .0501 of this Section shall retain the same records retention and disposition schedule as when they were transferred. If the disposition of transferr…

07 NCAC 04M .0510 methods OF DESTRUCTION (a) When used in an approved records retention and disposition schedule, the provision that paper records are to be destroyed means that the records shall be: (1) burned, unless prohibited by local ordinance; (2) shredded or torn so as to …

07 NCAC 04M .0511 DESTRUCTION OF CERTAIN RECORDS SCHEDULED FOR ARCHIVES Records scheduled in an approved records retention and disposition schedule to be transferred to the State Archives, but not yet accessioned by the State Archives may be destroyed provided: (1) the records ar…

07 NCAC 04M .0512 RESTRICTED AREAS IN STATE RECORDS facilities Access to the facilities controlled by the State Records Center shall be limited to persons on official business. Visitors shall not be permitted in the records storage areas or beyond the administrative office withou…

subchapter 04n – historic sites regulations section .0100 – historic sites 07 NCAC 04N .0101 STATEMENT OF PURPOSE History Note: Authority G.S. 121-4(8); 121-4(9); 143B-62(2)d; Eff. February 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interes…

07 NCAC 04N .0102 ACTIVITIES PROHIBITED ON STATE HISTORIC SITES PROPERTY (a) On state historic sites property, a person may not, unless specifically authorized to do so by written permit or work order from the Department of Cultural Resources: (1) remove, deface, or destroy any n…

07 NCAC 04N .0103 AUTHORITY OF SITE PERSONNEL When on state historic site property, a person may not disobey an order of a site manager or other site employee when that order is related to the preservation of historical material, the protection of historic sites property, the saf…

07 NCAC 04N .0104 PERMIT REQUIRED FOR SPECIAL SITE ACTIVITIES AND EVENTS A person shall, at least 15 days before the scheduled beginning of the activity or event, apply in advance to the manager of the state historic site for a permit to use that site's property or facilities for…

07 NCAC 04N .0105 PERMIT APPLICATION REQUIREMENTS A person shall, in applying for a permit, provide the site manager with a written description of the proposed activity, the description to include: (1) the name, mailing address, and telephone number of the official sponsor; (2) t…

07 NCAC 04N .0106 ADDITIONAL MATERIAL REQUIRED/CERTAIN PERMIT APPLICATIONS If a permit application requests permission to stage any public performance, to perform any on-site audio or visual recording or other audio or visual production work, or to engage in any for-profit activi…

07 NCAC 04N .0107 GRANTING OF PERMITS AT OPTION OF SECTION AND DIVISION The Historic Sites Section reserves the right to refuse to grant a permit for any reason it sees fit; the person filing the permit application may appeal any such refusal to the Director, Division of Archives…

07 NCAC 04N .0108 OBLIGATIONS OF PERMIT HOLDER A permit authorizing any activity on state historic site property places certain obligations upon the individual or group issued the permit, that individual or group designated the "permit holder": (1) The permit holder attests that …

SECTION .0200 - SITE HOURS: ADMISSION FEES 07 NCAC 04N .0201 SITE HOURS History Note: Authority G.S. 121-4(8); 121-4(9); 121-7.3; 143B-62(2)d; Eff. February 1, 1985; Amended Eff. June 1, 2015; June 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public…

07 NCAC 04N .0202 STATE HISTORIC SITES FEES History Note: Authority G.S. 121-7.3; Eff. February 1, 1985; Amended Eff. January 1, 1990; June 1, 1989; Emergency Amendment Eff. July 14, 2011; Temporary Amendment Eff. September 23, 2011; Amended Eff. August 1, 2012; Codifier determin…

SECTION .0300 - ELIZABETH II: VOYAGES POLICY 07 NCAC 04N .0301 SCHEDULING VOYAGES (a) Voyages of the ELIZABETH II may be scheduled from mid-September through May. Voyages will not be scheduled during the summer months when seasonal living history programs are presented at the ELI…

07 NCAC 04N .0302 APPROVAL OF REQUESTS The Administrator of the Historic Sites Section shall review all requests for voyages of the ELIZABETH II. The Administrator will deny any request which will jeopardize the safety of the ship or crew. The Administrator may deny any voyage re…

07 NCAC 04N .0303 VOYAGE COSTS Reimbursement based on tug costs, travel and subsistence expenses for the ELIZABETH II staff while the ship is in the host port, and subsistence expenses for the crew while the ship is in transit to and from the host port shall be assessed to the ho…

07 NCAC 04N .0304 VOYAGE AGREEMENT PROCEDURE The host port will be furnished a Voyage Agreement outlining voyage costs and responsibilities of the Historic Sites Section of the Division of Archives and History and the host port. The Voyage Agreement shall be completed and returne…

CHAPTER 4 - DIVISION OF ARCHIVES AND HISTORY SUBCHAPTER 4O - MUSEUM OF HISTORY SECTION .0100 - ADMINISTRATION 07 NCAC 04O .0101 STATEMENT OF PURPOSE History Note: Authority G.S. 121-2(6); 121-4(6); 121-7; 143B-62(2)a; Eff. February 1, 1985; Amended Eff. February 1, 1987; Pursuant…

SECTION .0300 - COLLECTIONS 07 NCAC 04O .0301 ARTIFACTS An accessions committee must approve all artifacts acquired for any purpose by the Division of Archives and History. The accessions committee shall consist of: (1) Director, Division of Archives and History, Chairman; (2) Ch…

07 NCAC 04O .0302 APPRAISAL The museum will not appraise artifacts. History Note: Authority G.S. 121-4(1),(6); 121-7; 143B-62(2)a; Eff. February 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015.

07 NCAC 04O .0303 ACQUISITIONS (a) All artifacts must be provisionally accepted by the registrar or one of the registrar's assigns and forwarded to the Division for approval by the accessions committee. (b) A contract of gift must be signed by the registrar, Museum of History Sec…

07 NCAC 04O .0304 LOANS (a) Museum materials will not be loaned or otherwise used for projects other than museum or research-related occasions. The loan of museum artifacts is restricted to nonprofit educational institutions for research and study, exhibition, or educational purp…

07 NCAC 04O .0305 DEACCESSIONS The deaccession of artifacts must be approved by the deaccession committee of the Division of Archives and History and by the North Carolina Historical Commission. The deaccession committee shall consist of: (1) Director, Division of Archives and Hi…

07 NCAC 04O .0306 RESEARCH AND STORAGE AREAS History Note: Authority G.S. 121-4(1),(6); 121-7; 143B-62(2)a; Eff. February 1, 1985; Amended Eff. June 1, 1989; February 1, 1987; Expired Eff. August 1, 2015 pursuant to G.S. 150B-21.3A.

SUBCHAPTER 04P - HISTORICAL PUBLICATIONS SECTION 07 NCAC 04P .0101 STATEMENT OF PURPOSE History Note: Authority G.S. 121-4(4); 121-6(a)(b)(c); 143B-62(1)a,g; Eff. February 1, 1985; Expired Eff. August 1, 2015 pursuant to G.S. 150B-21.3A.

07 NCAC 04P .0102 MANUSCRIPTS Any person wishing to submit historical manuscripts for possible publication by the Division of Archives and History should contact the Chief, Historical Publications Section, Division of Archives and History, Department of Cultural Resources, 109 Ea…

07 NCAC 04P .0103 ITEMS NOT ACCEPTABLE The only secondary accounts that will be considered for publication are articles for the North Carolina Historical Review, pamphlets, and brief county histories, all of which must be on an aspect of North Carolina history. The Division of Ar…

07 NCAC 04P .0104 EDITORIAL PRACTICES Material accepted for publication must be scholarly in nature, reflecting research in primary source materials and accepted standards in the academic community; it shall be prepared in line with established current editorial practices adopted…

07 NCAC 04P .0105 REVIEW OF MANUSCRIPTS Before acceptance for publication, unsolicited material shall be: (1) appraised and accepted by not less than two members of the professional staff of the Historical Publications Section; (2) reviewed, when the Chief of the Historical Publi…

07 NCAC 04P .0106 ADVISORY EDITORIAL COMMITTEE The Advisory Editorial Committee is made up of members recognized for competence by their reputation in the scholarly community, appointed by the Director of the Division of Archives and History after consultation with the Chief of t…

07 NCAC 04P .0107 STANDARDS FOR REVIEW OF MANUSCRIPTS In considering manuscripts, the Advisory Editorial Committee shall consider suitability of subject matter; quality and completeness of research; completeness and accuracy of documentation; originality of material and interpret…

07 NCAC 04P .0108 STAFF MANUSCRIPTS History Note: Authority G.S. 121-4(4); 121-6(a)(c); 143B-62(1)a,g; Eff. February 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 26, 2015; Expired Eff. August 1, 2025 pursuant to G.S. 150B-2…

07 NCAC 04P .0109 PUBLICATION (a) All publication rights shall vest in the Department of Cultural Resources following acceptance of a manuscript for publication, and the copyright to materials published by the Division shall be in the name of the Division of Archives and History.…

07 NCAC 04P .0110 BOOK REVIEWS (a) If a person asked to write a book review for the North Carolina Historical Review does not reply within a month, the editors shall seek another reviewer. (b) The same reviewer shall not be used more than once in any year, except in rare instance…

07 NCAC 04P .0111 EDITORIAL SERVICES TO THE PUBLIC The staff of the Historical Publications Section shall not edit or see through the press any manuscript prepared by an individual or group of individuals for publication by an individual(s), organization, or agency of any kind, e…