North Carolina Administrative Code

07 NCAC 15 .0402 EXPLOSIVES The possession or use of pyrotechnics and cap pistols except by authorized employees of the Aquariums is prohibited. History Note: Authority G.S. 143B-135.182(a)(1b); 143B-135.182(b); Eff. February 1, 1987; Transferred from 15A NCAC 28 .0402 Eff. April…

07 NCAC 15 .0403 FIRES All fires, including grills, are prohibited except in designated areas. History Note: Authority G.S. 143B-135.182(a)(1b); 143B-135.182(b); Eff. February 1, 1987; Amended Eff. April 1, 2010; Transferred from 15A NCAC 28 .0403 Eff. April 1, 2017; Pursuant to …

07 NCAC 15 .0404 SMOKING Smoking is prohibited in the buildings. Smoking is prohibited on Aquarium grounds within the paid perimeter and in other outside areas except where smoking is designated. History Note: Authority G.S. 143B-135.182(a)(1b); 143B-135.182(b); Eff. February 1, …

07 NCAC 15 .0405 USES NOT COVERED BY POLICY History Note: Authority G.S. 143B-390.2(b); Eff. May 1, 1987; Repealed Eff. April 1, 2010; Transferred from 15A NCAC 28 .0405 Eff. April 1, 2017.

SECTION .0500 - CONDUCT: ALCOHOLIC BEVERAGES: PETS: PROPER DRESS 07 NCAC 15 .0501 DISORDERLY CONDUCT No person shall engage in disorderly conduct, be intoxicated, or be impaired by controlled or illegal substances while on Aquarium property or while involved in an Aquarium-sponso…

07 NCAC 15 .0502 SALES OF ALCOHOL OR CONTROLLED SUBSTANCES No person shall sell or attempt to sell controlled or illegal substances or any other intoxicating or impairing substance on Aquarium property. Beer and wine may be sold pursuant to a valid Alcohol Beverage Control permit…

07 NCAC 15 .0503 CONSUMPTION OF ALCOHOL Alcoholic beverages that do not exceed 16 percent alcohol may be served and consumed on Aquarium property upon prior written approval of the Division Director. The Director's approval shall be given when the applicant agrees that the alcoho…

07 NCAC 15 .0504 PRIVATELY-OWNED ANIMALS (a) No person shall bring any privately-owned animal inside the Aquarium buildings or Pier. (b) Animals are allowed on the Aquarium's property outside the perimeter fence, not including the Pier House and Pier itself, provided they remain …

07 NCAC 15 .0505 LOUD RADIOS The playing of radios, tape players or other audio equipment in such a manner as to disturb others is prohibited inside the Aquarium and on Aquarium property. History Note: Authority G.S. 143B-135.182(a)(1b); 143B-135.182(b); Eff. May 1, 1987; Amended…

07 NCAC 15 .0506 PROPER DRESS Any person using the facility or participating in programs must wear shirts, pants or shorts and shoes at all times and safety equipment if required for a particular program. Uncovered or wet bathing suits are prohibited inside the Aquarium. History …

07 NCAC 15 .0507 COASTER CONVEYANCES Skateboards, roller blades, "heelie" shoes and other similar coaster conveyances are not allowed inside the buildings or in the gardens. These conveyances are allowed on Aquarium bicycle paths and parking lots. History Note: Authority G.S. 143…

SECTION .0600 - COMMERCIAL ACTIVITIES: SOLICITATIONS: ETC. 07 NCAC 15 .0601 COMMERCIAL ENTERPRISES History Note: Authority G.S. 143B-135.182(a)(1b); 143B-135.182(b); Eff. February 1, 1987; Transferred from 15A NCAC 28 .0601 Eff. April 1, 2017; Expired Eff. June 1, 2018 pursuant t…

07 NCAC 15 .0602 ADVERTISING The Aquarium Director shall grant written permission for notices and advertisements to be displayed on Aquarium property when they are related to tourist attractions or conservation events. History Note: Authority G.S. 143B-135.182(a)(1b); 143B-135.18…

07 NCAC 15 .0603 PHOTOGRAPHS History Note: Authority G.S. 143B-135.182; Eff. February 1, 1987; Amended Eff. May 1, 2010; Transferred from 15A NCAC 28 .0603 Eff. April 1, 2017; Repealed Eff. December 1, 2019.

07 NCAC 15 .0604 LOGOS: SLOGANS: ETC History Note: Authority G.S. 143B-135.182(a)(1b); 143B-135.182(b); Eff. February 1, 1987; Amended Eff. May 1, 2010; Transferred from 15A NCAC 28 .0604 Eff. April 1, 2017; Expired Eff. June 1, 2018 pursuant to G.S. 150B-21.3A.

07 NCAC 15 .0605 SOLICITATIONS Persons engaged in fundraising activities sponsored by the N.C. Aquarium Society for the purpose of supporting the Aquariums or Society may solicit contributions on Aquarium property. Non-profit users may engage in fundraising activities as part of …

07 NCAC 15 .0606 ACCEPTANCE OF DONATED PERSONAL PROPERTY History Note: Authority G.S. 143B-135.182(b); 143B-135.184; Eff. April 1, 2010; Transferred from 15A NCAC 28 .0606 Eff. April 1, 2017; Expired Eff. June 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .0700 - PRESERVATION OF AQUARIUM PROPERTY 07 NCAC 15 .0701 FLOWERS: PLANTS: ANIMALS: ETC. Unless authorized by Aquarium employees or agents acting in performance of their duties or for the safety and well-being of the captive animals, visitors, employees or exhibits, no p…

07 NCAC 15 .0702 BUILDINGS: SIGNS: ETC. Only authorized Aquarium employees or agents acting in performance of their duties shall alter, disturb or dispose of any part of any Aquarium property. History Note: Authority G.S. 143B-135.182(a)(1c); 143-135.182(b); Eff. February 1, 1987…

07 NCAC 15 .0703 PARKING All privately-owned vehicles shall be parked in designated parking areas of the Aquarium property. All other vehicles shall be parked only as directed by the Aquarium Director. Visitors shall not leave vehicles on Aquarium property overnight. Drivers of v…

07 NCAC 15 .0704 FOOD AND BEVERAGES PROHIBITED INSIDE Visitors shall not bring food or beverages, except bottled water, inside the Aquarium during normal operating hours. History Note: Authority G.S. 143B-135.182(a)(1b); 143B-135.182(b); Eff. April 1, 2010; Transferred from 15A N…

08 NCAC 01 .0101 AGENCY CONTACT INFORMATION AND HOURS The offices of the State Board of Elections are located at the Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603-1362. The mailing address is P.O. Box 27255, Raleigh, NC 27611-7255. The State Board's telephone number is …

08 NCAC 01 .0104 PROCEDURES FOR POLITICAL COMMITTEES (transferred to 08 NCAC 21 .0201 eff. May 1, 2020)

08 NCAC 01 .0105 MUNICIPAL FINANCING OF ELECTION CAMPAIGNS History Note: Authority G.S. 163-278.19; 163-278.21; Temporary Adoption Eff. July 3, 2003; Temporary Adoption Expired April 27, 2004.

08 NCAC 01 .0106 emergency powers of executive director (a) In exercising his or her emergency powers and determining whether the "normal schedule" for the election has been disrupted in accordance with G.S. 163A-750, the Executive Director shall consider whether one or more comp…

08 nCAC 01 .0107 political party formation, termination, and reinstatement (a) Pursuant to G.S. 163-97, a political party ceases to be a political party on the date the State Board certifies the general State election in which the political party failed to poll for its candidate …

08 NCAC 02 .0109 NO FRIVOLOUS PROTESTS History Note: Authority G.S. 163-22; 163-22.1; Eff. March 12, 1976; Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 ncac 02 .0110 ACTIONS OF COUNTY BOARD AS TO ELECTION PROTESTS (a) The county board shall transmit by email a copy of any filed election protest, including any attachments, to the State Board, affected candidates, and county party chairs as follows: (1) if hand delivered or mai…

08 ncac 02 .0111 ELECTION PROTEST FORM All persons bringing an election protest under Article 15A shall complete and timely file the following form. For the purposes of this Rule, "timely" means within the time required by G.S. 163-182.9(b). Please note this form shall not be use…

08 ncac 02 .0112 APPEAL TO THE STATE BOARD OF ELECTIONS All appeals of a county board of election protest decision must use the following form available on the State Board of Elections' website: APPEAL OF ELECTION PROTEST TO STATE BOARD OF ELECTIONS (Use of this form is required …

08 ncac 02 .0113 NEW ELECTIONS ORDERED BY STATE BOARD OF ELECTIONS (a) Eligibility to vote in a new election ordered in accordance with G.S. 163-182.13 shall be governed by G.S. 163-82.6. (b) The date of any new non-municipal election shall be set by the State Board no earlier th…

08 NCAC 02 .0114 dismissal of improper Protest filings (a) The county board of elections shall dismiss any matter purporting to arise as an election protest under G.S. 163-182.9 on the following bases: (1) The matter fails to contest the manner in which votes were counted or resu…

CHAPTER 03 - CHARGES AGAINST COUNTY ELECTION OFFICIALS SECTION .0100 - MEMBERS OF COUNTY BOARD OF ELECTIONS 08 NCAC 03 .0101 VOTER COMPLAINTS against a member of a county board of elections (a) Any voter desiring to prefer charges of a violation of these Rules or of Chapter 163 o…

08 NCAC 03 .0102 CHARGES (a) Upon receipt of a charge filed against a county board member in accordance with Rule .0101 of this Section, the State Board of Elections shall set a hearing if the charges preferred includes prima facie evidence of any of the following: (1) a violatio…

08 NCAC 03 .0103 HEARING Before acting on any charges filed in accordance with Rule .0101, the State Board shall hold a hearing. At such hearing the voter preferring such charges shall appear, and present the evidence, including any affidavits, tending to support the charges in a…

08 NCAC 03 .0104 RIGHTS The member against whom charges are preferred shall have the right to respond to the charges preferred against him by submitting an affidavit in denial, rebuttal, explanation, or extenuation of the charges, and additional evidence may be presented in accor…

08 NCAC 03 .0105 SCOPE The Board's investigation into the charges filed in accordance with Rule .0101 of this Section shall be confined to the charges as filed, but the Board may on its own motion investigate any matter listed in Rule .0102(1) through (3) of this Section upon rec…

08 NCAC 03 .0106 WITNESSES (a) Either the voter or the member may request in writing to the chair of the Board for subpoenas for witnesses to be heard orally at the hearing held according to Rule .0103 of this Section. The application shall include the following information: (1) …

SECTION .0200 - PRECINCT ELECTION OFFICIALS 08 NCAC 03 .0201 FILING complaints against a precinct official (a) Any voter may file with the chair of the county board of elections a complaint against any precinct election official appointed pursuant to G.S. 163-41. The complaint sh…

08 NCAC 03 .0202 HEARING DATE AND DISPOSITION (a) Upon the filing of a complaint against a precinct official in accordance with Rule .0201 of this Section, the chair of the county board of elections shall set the date for the hearing and provide the following information to the S…

SECTION .0300 - INVESTIGATION AND REPORTS OF CRIMINAL VIOLATION 08 NCAC 03 .0301 SUMMARY INVESTIGATION History Note: Authority G.S. 163-22; Eff. March 12, 1976; RRC Objection August 16, 2018 and rule returned to the agency on June 1, 2019.

08 NCAC 03 .0302 REPORTS OF EVIDENCE OF CRIMINAL VIOLATION History Note: Authority G.S. 163-22; Eff. March 12, 1976; RRC Objection August 16, 2018 and rule returned to agency on June 1, 2019.

section .0300 – approval and operation of voting systems 08 ncac 04 .0301 REQUIREMENTS OF VOTING SYSTEMS Any voting system used in any election in North Carolina shall be constructed to fulfill the following requirements: (1) It shall be designed to reasonably secure secrecy of t…

08 NCAC 04 .0302 APPROVAL OF VOTING SYSTEMS (a) Before approving a voting system for use in North Carolina, the State Board of Elections shall do all of the following: (1) Obtain a current financial statement from the proposed vendor and manufacturer's contact information (mail a…

08 ncac 04 .0303 OFFICIAL BALLOT(S) TO BE USED ON VOTING SYSTEM History Note: Authority G.S. 163-22; 163-165.6; Temporary Adoption Eff. April 15, 2002; Eff. August 1, 2004; Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

08 ncac 04 .0304 OPERATION AND MATTER OF VOTING ON VOTING SYSTEMS (a) Prior to the opening of the polls, the precinct officials shall open the voting system and examine the ballot for accuracy and examine the counters or other method to determine there is a zero balance. Any pers…

08 ncac 04 .0305 INSTRUCTION OF PRECINCT OFFICIALS AND VOTERS IN THE USE OF VOTING SYSTEMS (a) The chair of the county board of elections in a county where a voting system is used shall conduct an instructional meeting before any primary or election to instruct the precinct offic…

08 ncac 04 .0306 DUTIES OF CUSTODIANS OF VOTING SYSTEMS (a) The chair of the county board of elections shall be responsible for the safekeeping, storage, maintenance and care of the voting system. The voting system shall be stored in a location such that access is restricted to c…

08 ncac 04 .0307 TESTING OF VOTING SYSTEM BEFORE USE IN AN ELECTION (a) The county board of elections shall test, or supervise the testing, of each voting system or unit that will be used in the election to ensure that the system is operational and has been programmed to count vo…

08 NCAC 04 .0308 AUTHORIZED ACCESS TO VOTING SYSTEM INFORMATION IN ESCROW (a) Subject to the provisions of this Rule, upon written request from a person or entity authorized under G.S. 163-165.7(a)(6) to a vendor of a certified voting system in this state, the vendor shall make a…