North Carolina Administrative Code

09 NCAC 06B .1121 final agency decision; OFFICIAL RECORD (a) A copy of any decision or order shall be served as in the manner provided by G.S. 150B-42(a). The cost of the service, fees, and expenses for any witnesses or documents subpoenaed shall be paid in accordance with G.S. 1…

section .1200 – declaratory rulings; default proceedings; disqualifications; and debarment 09 NCAC 06B .1201 declaratory rulings (a) Any request for a determination regarding the application of a relevant rule, statute or standard established by the State CIO to a specific factua…

09 NCAC 06B .1202 requests for declaratory rulings (a) Requests for a declaratory ruling shall be in writing, dated and verified by the person submitting the same. (b) The request shall contain: (1) The petitioner's name, address and telephone number; (2) The rule or statute, or …

09 NCAC 06B .1203 response to a request for a declaratory ruling (a) The State CIO shall consider the request within 30 days of receipt. The State CIO shall issue a ruling except: (1) When the State CIO finds that the person making the request is not a "person aggrieved," as defi…

09 NCAC 06B .1204 effect of a declaratory ruling For purposes of this Section, a declaratory ruling shall be deemed to be in effect until: (1) The statute or rule interpreted by the declaratory ruling is amended or repealed; (2) The State CIO changes the declaratory ruling prospe…

09 NCAC 06B .1205 Record of Ruling A record of all declaratory rule making proceedings shall be maintained at the State CIO's office and shall be available for public inspection during business hours. History Note: Authority G.S. 150B-4; Eff. September 1, 2013; Pursuant to G.S. 1…

09 NCAC 06B .1206 DEFAULT PROCEEDINGS; disqualification; and DEBARMENT (a) Disqualification: The purchasing agency may find a vendor in default of contract for failing to perform in accordance with the contract requirements, terms and conditions. If a vendor is found in default o…

09 NCAC 06B .1207 PERFORMANCE assurance A contract may include terms ensuring a vendor's performance such as: (1) A bond, or similar assurance, may be required of the vendor at the vendor's expense; (2) Liquidated damages; (3) A percentage of the contract value held as a retainag…

SECTION .1300 - EXEMPTIONS, EMERGENCIES, AND SPECIAL DELEGATIONS 09 NCAC 06B .1301 EXEMPTIONS (a) The following are exemptions to the State CIO review and approval for purchases that exceed an agency's delegated authority. (1) Services provided by individuals through direct emplo…

09 NCAC 06B .1302 emergency situations or pressing need (a) An agency may make purchases of goods or services in the open market in cases of emergency or pressing need. (b) When emergency or pressing need action is necessary, and the estimated expenditure is over the purchasing a…

09 NCAC 06B .1303 SPECIAL DELEGATIONS History Note: Authority G.S. 147-33.95(f); Temporary Adoption Eff. January 1, 2000; Eff. August 1, 2000; Recodified from 09 NCAC 06B .1103 Eff. March 19, 2008; Amended Eff. September 1, 2013; Pursuant to G.S. 150B-21.3A, rule is necessary wit…

09 NCAC 06B .1304 GENERAL DELEGATIONS (a) The State CIO may suspend, rescind, lower or raise this general delegation for a specific agency, up to the benchmark established by the Secretary of Administration upon consideration of the agency's overall capabilities, including staff …

09 NCAC 06B .1305 COMPLIANCE REVIEWS (a) The State CIO may conduct compliance reviews on purchasing practices at any purchasing agencies. The purpose of the compliance review shall be for determining if an agency is complying with IT purchasing statutes and rules. A copy of the c…

section .1400 - records 09 NCAC 06B .1401 RECORD MAINTENANCE Except where state law provides to the contrary, after the award of a contract, the purchasing records of an agency are public documents, and these documents shall be maintained for a period of five years after the expi…

09 NCAC 06B .1402 procurement file RECORDS (a) The purchasing agency shall identify each paper or electronic contract record individually so it can be located and referenced. (b) The purchasing agency shall document all purchase transactions. As applicable, each paper or electron…

SUBCHAPTER 06C – 911 BOARD SECTION .0100 – FORMS, DEFINITIONS, ADMINISTRATION 09 NCAC 06C .0101 FORMS (a) The 911 Board shall prescribe forms by or for use by Public Safety Answering Points (PSAPs), service providers, and any other parties as may be needed to ensure uniformity in…

09 NCAC 06C .0102 PHYSICAL ADDRESS OF 911 BOARD (a) The physical and mailing address of the 911 Board is: 911 Board c/o NC Department of Information Technology3700 Wake Forest Road Raleigh, NC 27609 (b) Contact information for staff is located on the Board's website at https://ww…

09 NCAC 06C .0103 DEFINITIONS In addition to the terms defined in G.S. 62A-40, the following terms have the following definition when used in this Subchapter: (1) "911 Line/Trunk" means a telephone line/trunk which is dedicated to providing a caller with access to the designated …

09 NCAC 06C .0104 FAILURE TO COMPLY WITH RULES If the Board determines that a PSAP or CMRS service provider is not adhering to an approved plan or is not using funds in the manner prescribed in these Rules or G.S. 62A, the Board may, after notice and hearing, take action authoriz…

09 NCAC 06C .0105 SERVICE PROVIDER FAILURE TO COMPLY WITH RULES (a) If the Board determines that a service provider does not appear to have complied with G.S. Chapter 62A, these Rules, or the requirements of the FCC Order, a certified, return receipt letter shall be mailed to the…

09 NCAC 06C .0106 PSAP FAILURE TO COMPLY WITH RULES (a) If the Board determines that a Primary PSAP does not appear to have complied with G.S. 62A, these Rules, or the requirements of FCC Order, a certified, return receipt letter shall be mailed to the PSAP representative known t…

09 NCAC 06C .0107 REVIEW 911 FUNDS EXPENDITURES, DISBURSEMENTS AND REIMBURSEMENTS (a) PSAPs shall maintain books and records of 911 Funds received and use of such funds in accordance with the Local Government Budget and Fiscal Control Act G.S. 159-7 et seq. PSAPs shall maintain t…

09 NCAC 06C .0108 WAIVER OF RULES Upon receipt of a written request to waive a rule, the Board shall consider the request and may waive any rule in this Chapter. The factors the Board shall use in determining whether to grant a waiver are: (1) Whether the requested waiver is cons…

09 NCAC 06C .0109 HEARINGS (a) The following, if aggrieved pursuant to G.S. 62A in connection with any action by the Board, may request a hearing before the Board: (1) A PSAP; or (2) A service provider. (b) A request for a hearing shall be made in writing to the Executive Directo…

09 NCAC 06C .0110 DECLARATORY RULINGS (a) Any request for a determination regarding the application of a rule, statute, or order established by the 911 Board to a specific factual situation shall be directed to the Board Chair or Executive Director at the address in Rule .0102 of…

09 NCAC 06C .0111 REQUESTS FOR DECLARATORY RULINGS (a) Requests for a declaratory ruling shall be in writing and dated. (b) The request shall contain: (1) The petitioner's name, address, and telephone number; (2) The rule, statute, or order referred to; (3) A statement of facts s…

09 NCAC 06C .0112 RESPONSE TO A REQUEST FOR A DECLARATORY RULING (a) The Board shall consider the request within 30 days of receipt. The Board shall issue a ruling except: (1) When the Board finds that the person making the request is not a "person aggrieved," as defined in G.S. …

09 NCAC 06C .0113 DURATION OF A DECLARATORY RULING For purposes of this Section, a declaratory ruling shall be deemed to be in effect until: (1) The portion of the statute, rule, or order interpreted by the declaratory ruling is amended or repealed; (2) The Board changes the decl…

09 NCAC 06C .0114 RECORD OF RULING A record of all declaratory ruling proceedings shall be maintained at the Board's office and shall be available for public inspection during business hours. History Note: Authority G.S. 62A-42; 150B-4; Eff. July 1, 2016.

SECTION .0200 – PUBLIC SAFETY ANSWERING POINTS (PSAPS) 09 NCAC 06C .0201 PSAP ELIGIBILITY (a) Before receiving distributions from the 911 Fund, a primary PSAP shall meet the following criteria and confirm in writing to the Board: (1) The PSAP is separately identified in its gover…

09 NCAC 06C .0202 PSAP ELIGIBLE EXPENSES (a) Expenses that are solely incurred to enable a PSAP to receive and utilize the voice and data elements necessary for wireline 911 and wireless Phase I or Phase II compliance may be fully paid from a PSAP's 911 Fund distributions if appr…

09 NCAC 06C .0203 EFFECT OF 911 FUND DISTRIBUTION TERMINATIONS AND SUSPENSIONS (a) A primary PSAP operated by or for a local government that is not identified or included in its governing agency's budget or in any audit conducted pursuant to the Local Government Budget and Fiscal…

09 NCAC 06C .0204 PSAP REPORTING (a) PSAPs shall submit the following to the Board by September 1of each year: (1) A copy of the PSAP's governing agency's approved budget; (2) A report detailing the revenues and expenditures associated with the operation of its 911 system; and (3…

09 NCAC 06C .0205 COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (CEMP) (a) Each PSAP shall have a written Comprehensive Emergency Management Plan (CEMP) that includes: (1) An emergency fire plan; (2) A damage control plan; and (3) A back-up PSAP plan that includes alternate 911 call ro…

09 NCAC 06C .0206 BACK-UP PSAPS (a) Each Primary PSAP shall establish a back-up PSAP or have an arrangement for back-up provided by another PSAP. Agencies may also pool resources and create regional back-up centers. Alternate methods for receiving and processing 911 calls may inc…

09 NCAC 06C .0207 PSAP OPERATIONS AND MANAGEMENT (a) Personnel: (1) PSAP equipment and systems shall be under the oversight of an employee or employees of the PSAP. (2) The PSAP Emergency services dispatching entities shall have trained and qualified technical assistance availabl…

09 NCAC 06C .0208 TELECOMMUNICATOR QUALIFICATIONS, TRAINING AND STAFFING (a) There shall be sufficient telecommunicators available to complete the call taking process for 911 calls. (b) Where communications systems, computer systems, staff, or facilities are used for both emergen…

09 NCAC 06C .0209 PSAP 911 CALL OPERATING PROCEDURES (a) Ninety percent of 911 calls received on emergency lines shall be answered within 10 seconds, and 95 percent of 911 calls received on emergency lines shall be answered within 20 seconds. The PSAP and the Board shall evaluate…

09 NCAC 06C .0210 PUBLIC SAFETY ANSWERING POINT (PSAP) FACILITIES (a) All 911 system equipment, software, and services used in the operation of the PSAP shall be implemented and maintained to ensure continuity of 911 call taking. (1) Systems that are essential to the operation of…

09 NCAC 06C .0211 TELEPHONES (a) Equipment and Operations. (1) PSAPS shall be equipped with telephone lines and telephone devices as follows: (A) A minimum of two 911 telephone lines and 911 telephone devices shall be assigned exclusively for receipt of 911 calls. These lines sha…

09 NCAC 06C .0212 DISPATCHING SYSTEMS (a) A 911 call dispatching system shall be designed, installed, operated, and maintained to provide for the receipt and retransmission of calls. (b) Telecommunicators who receive 911 calls shall have redundant means within the PSAP premises t…

09 NCAC 06C .0213 COMPUTER AIDED DISPATCHING (CAD) SYSTEMS (a) PSAPs shall use computer-aided dispatching (CAD) systems. The CAD system shall contain all hardware and software components necessary for interface with the 911 system. (1) The CAD system shall include data entry; res…

09 NCAC 06C .0214 TESTING (a) Tests and inspections of all systems necessary for receiving 911 calls and completing the call taking process shall be made at the intervals specified in a PSAP standard operating procedures conforming to Rules .0207, .0209, and .0210 of this Section…

09 NCAC 06C .0215 RECORDS (a) PSAPs shall maintain records to ensure operational capability of all system functions for at least five years. (b) After completion of acceptance tests, the PSAP shall retain: (1) A set of reproducible, as-built installation drawings; (2) Operation a…

09 NCAC 06C .0216 ASSESSING PSAP OPERATIONS (a) The Board shall conduct annual reviews of PSAP operations to determine whether a PSAP meets the requirements of Section .0200 of these Rules. Reviews shall be conducted by at least two persons selected by the Board based on each per…

SECTION .0300 – COMMERCIAL MOBILE RADIO SERVICE (CMRS) PROVIDERS 09 NCAC 06C .0301 REGISTRATION OF CMRS SERVICE PROVIDERS (a) CMRS service providers or resellers of any CMRS that receive authority to serve any area within the State of North Carolina, shall register with the Board…

09 NCAC 06C .0302 CMRS SERVICE PROVIDER REIMBURSEMENT History Note: Authority G.S. 62A-45; Eff. July 1, 2016; Expired Eff. May 1, 2025 pursuant to G.S. 150B-21.3A.

09 NCAC 06C .0303 reserved for future codification

09 NCAC 06C .0304 reserved for future codification

09 NCAC 06C .0305 REMITTANCE OF SERVICE CHARGES (a) Service providers shall remit service charges to the 911 Board at the address listed in Rule .0102 of this Subchapter. (b) Service providers may remit funds by check payable to the Board, or by electronic funds transfer upon sat…