North Carolina Administrative Code

09 NCAC 06C .0306 PREPAID WIRELESS SERVICE (a) A voice communications service provider of prepaid wireless service is not eligible for reimbursements to CMRS providers. (b) Rules .0109 through .0114 of this Chapter governing hearings and declaratory rulings shall not apply to a v…

SECTION .0400 – GRANT FUND 09 NCAC 06C .0401 PSAP GRANTS (a) When there are funds available, the Board shall publish a notice on its website, as set forth in Rule .0102 of this Subchapter, of grant availability to primary PSAPs and governing entities operating primary PSAPs. (b) …

09 NCAC 06C .0402 GRANTS FOR CONSTRUCTION OR RENOVATION (a) The requirements in this Rule, Grants for Construction or Renovation, shall apply only to new construction and construction renovations of an existing structure or facility funded by the North Carolina 911 Board. PSAPs r…

09 NCAC 06C .0403 GRANT AGREEMENTS (a) Grant agreements shall comply with G.S. 62A-47. (b) Unless otherwise determined by the Board based upon the grant application, grant agreements shall be for a term not to exceed one year. (c) Grant agreements shall include terms ensuring com…

09 NCAC 06C .0404 GRANT FUNDS (a) The grantee shall deposit grant funds in a bank account maintained by the grantee and the grantee shall assign each grant a unique accounting code designation for deposits, disbursements, and expenditures. All grant funds in the account shall be …

09 NCAC 06C .0405 GRANTEE REPORTS (a) Grantees shall submit reports to the Board summarizing expenditures of the grant funds and the activities supported by the grant funds. (b) Unless otherwise stated in a grant agreement, the reports are due 15 days after September 30, December…

subchapter 06d – government data analytics center SECTION .0100 – NORTH CAROLINA EDUCATION LONGITUDINAL DATA SYSTEM 09 NCAC 06D .0101 DEFINITIONS In addition to the definitions set forth in G.S. 116E-1, the following definitions shall apply to the rules in this Section: (1) "Aggr…

09 NCAC 06D .0102 DATA REQUEST PROCESS (a) In order to initiate a Request for a Report from the System, a Requestor must complete an Education Longitudinal Data System Report Request Form located at: https://it.nc.gov/services/nc-gdac. The Requestor shall submit the form through …

09 NCAC 06D .0103 CONTRIBUTOR DATA SHARING AGREEMENTS (a) A Contributor that plans to contribute Data to the System shall enter into a data sharing agreement with the Government Data Analytics Center and other Contributors. This data sharing agreement shall contain the following:…

09 NCAC 06D .0104 REQUESTOR DATA SHARING AGREEMENTS AND REQUIREMENTS (a) Except as provided in Paragraph (b) of this Rule, all Requestors shall enter into a data sharing agreement with the Contributors that are the custodians of the Data that may be needed to generate a requested…

CHAPTER 01 – OFFICE OF THE SECRETARY SUBCHAPTER 01A - PROCEDURE SECTION .0100 - RULE MAKING PROCEDURES 10A NCAC 01A .0101 PETITIONS (a) Any person wishing to request the adoption, amendment, or repeal of a rule made by the Secretary of the Department of Human Resources (hereinaft…

10A NCAC 01A .0102 NOTICE (a) Upon a determination to hold a rule making proceeding, either in response to a petition or otherwise, the Secretary or his designee shall give notice to all interested parties in accordance with G.S. 150A-12. (b) Any person desiring information in ad…

10A NCAC 01A .0103 HEARING OFFICER The Secretary, or one or more hearing officers designated and authorized by the Secretary, shall be hearing officers in a rule making hearing. History Note: Authority G.S. 143B-10(j)(3); Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule i…

10A NCAC 01A .0104 HEARINGS (a) Any person desiring to make an oral presentation at a public hearing is encouraged to submit a written copy of the presentation to the hearing office prior to or at the public hearing. (b) Presentations may not exceed 10 minutes unless, upon reques…

10A NCAC 01A .0105 STATEMENT OF REASONS FOR AND AGAINST RULE MAKING DECISION (a) Any interested person who desires from the Secretary a concise written statement of the principal reasons for and against the decision by the Secretary to adopt or reject a rule may, either prior to …

10A NCAC 01A .0106 RECORD OF RULE MAKING PROCEEDINGS A record of all rulemaking proceedings conducted by the Secretary's Office, including responses to petitions for rulemaking, shall be maintained in the Office of Legal Affairs and shall be available for public inspection during…

10A NCAC 01A .0107 FEES A fee may be charged by the Office of Legal Affairs to persons requesting materials from hearing records. The fee will cover the cost of meeting the request. History Note: Authority G.S. 12-3.1; 143B-10; Eff. February 1, 1976; Amended Eff. November 1, 1989…

10A NCAC 01A .0108 DECLARATORY RULINGS (a) The Secretary or his designee shall have the power to make declaratory rulings. All requests for declaratory rulings shall be by written petition and shall be submitted to: Staff Attorney for Administrative Procedures Department of Human…

10A NCAC 01A .0204 EXCEPTIONS TO RECOMMENDED DECISION History Note: Authority G.S. 143B-10; 150B-11; 150B-36; 150B-37; ARRC Objection February 18, 1988; Eff. July 1, 1988; Expired Eff. May 1. 2017 pursuant to G.S. 150B-21.3A.

SECTION .0300 – PUBLIC records 10a NCAC 01A .0301 Public record FEES History Note: Authority G.S. 12-3.1; 143B-10; 150B-11; Eff. May 1, 1993; Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

10A NCAC 01A .0302 USE OF NAMES AND PHOTOGRAPHS History Note: Authority G.S. 122C-52; 122C-53; 143B-10; Eff. February 1, 1976; Amended Eff. November 1, 1989; Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

SECTION .0400 - DATA SYSTEMS STANDARDS 10A NCAC 01A .0401 AUTOMATED DATA SYSTEMS History Note: Authority G.S. 143B-10(e) and (j); 143B-139.1; Eff. July 1, 1980; Amended Eff. November 1, 1989; Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

SECTION .0500 – FISCAL STANDARDS 10A NCAC 01A .0501 BUDGET STANDARDS (a) A local human service agency may require a contractor or subcontractor except for individual personal service agreement to prepare and maintain a budget in a manner consistent with the policies, regulations,…

SECTION .0600 - CONTRACTING STANDARDS 10A NCAC 01A .0601 CONTRACTS AND GRANTS (a) In consideration of receiving either state or federal funds, the receiving party other than a local human service agency shall sign a contract with the department or division which shall contain the…

10A NCAC 01A .0602 CONTRACTS WITH LOCAL AGENCIES FOR SPECIAL PROJECTS Whenever the department or a division contracts with a private agency to provide services on the basis of a negotiated fixed rate, then such contracts shall be governed by separate rules which must be approved …

10A NCAC 01A .0603 SUBORDINATION OF OTHER CONTRACTS AND GRANTS Contracts, grants, agreements or any other understandings among the divisions or between the department or the divisions and other state agencies shall not diminish or eliminate the requirements contained in this Subc…

10A NCAC 01A .0604 GENERAL PROVISIONS OF A CONTRACT OR GRANT (a) The following items shall be the minimum requirements of each contract or grant agreement: (1) A specification of target population; services to be provided; objectives; expected results; (2) A budget as specified i…

SECTION .0700 - PLANNING AND PROGRAMMATIC REPORTING STANDARDS 10A NCAC 01A .0701 ANNUAL PLANS (a) Divisions may require that every local human service agency shall develop an annual program plan that is consistent with minimum requirements and program standards set by applicable …

10A NCAC 01A .0702 CONTRACT PLANS Divisions may require that every local human service agency that enters into a contract with a private provider of client services shall: (1) include such contract(s) as an activity item in its annual plan, describing the purpose of the contract,…

10A NCAC 01A .0703 OTHER REQUIRED REPORTS Grantor divisions of the department may from time to time require other reports from local human service agencies to which this Subchapter applies. Such reports which are specified in Title 10A of the North Carolina Administrative Code ar…

SECTION .0800 - EVALUATION STANDARDS 10A NCAC 01A .0801 LOCAL HUMAN SERVICE AGENCIES TO CO-OPERATE WITH DEPT Local human service agencies and the department shall mutually assist each other in conducting evaluations of human service programs but shall not be required to provide s…

SECTION .0900 - COMPLIANCE 10A NCAC 01A .0901 AGENCY COMPLIANCE (a) Each grantor Division shall assist each local human service agency in achieving compliance and shall ensure compliance with the rules in this Subchapter or Division rules promulgated to comply with these Rules. A…

10A NCAC 01A .0902 CONTRACT COMPLIANCE (a) Every division shall assure compliance by recipients of contracts with all the terms of a contract. Upon determination of non-compliance, the division shall give the recipient 60 days written notice to come into compliance. After the 60 …

section .1000 – auditing procedures 10a NCAC 01a .1001 SINGLE AUDITS OF LOCAL GOVERNMENTS AND PUBLIC AUTHORITIES (a) Independent auditors retained to conduct single audits for local governments or public authorities may be notified by the Department of Health and Human Services (…

10A NCAC 01A .1002 AUDITS OF HOSPITALS, NONPROFITS, HIGHER EDUCATION AGENCIES (a) Public and private hospitals, public and private institutions of higher education and quasi-public and private nonprofit organizations [recipient organization(s)] which receive, use, or expend State…

10A NCAC 01A .1003 PURCHASE OF SERVICE VS. FINANCIAL ASSISTANCE (a) Non-profit and for profit agencies that receive State or Federal financial assistance either directly from DHHS as a recipient or indirectly as a subrecipient through contractual agreements with local agencies fu…

SECTION .1100 – REIMBURSEMENT 10A NCAC 01A .1101 RATE SETTING METHODS FOR FACILITIES THAT SERVE STATE/COUNTY SPECIAL ASSISTANCE RESIDENTS (a) A rate for facilities which serve State/County Special Assistance residents shall be reviewed annually, and pending approval of the Legisl…

10A NCAC 01A .1102 COST REPORTING: FOR FACILITIES THAT SERVE STATE/COUNTY SPECIAL ASSISTANCE RESIDENTS (a) Each facility which serves State/County Special Assistance residents shall prepare and submit a report of its costs and other financial information. Facilities shall prepare…

SECTION .1200 - GUARDIANSHIP: DISINTERESTED PUBLIC AGENT 10 NCAC 01A .1201 UNIFORM ACCOUNTING PROCEDURES (a) Any disinterested public agent appointed as general guardian or guardian of the person must file status reports with the designated agency, if one has been appointed. The …

SECTION .0300 - PERSONNEL STANDARDS 10A NCAC 01B .0301 FEDERAL PERSONNEL STANDARDS Each local human service agency that receives funds through the department from a federal program that has a requirement for the establishment and maintenance of personnel standards on a merit basi…

10A NCAC 01B .0302 STATE PERSONNEL COMMISSION STANDARDS Every local human service agency must comply with applicable rules and regulations of the State Personnel Commission as found in 1 NCAC 8, including but not limited to: (1) Equal employment opportunity; (2) Affirmative actio…

10A NCAC 01B .0303 DEPARTMENTAL PERSONNEL STANDARDS (a) Every local human service agency shall have a written grievance procedure accessible to all employees. (b) The staff of all local human service agencies must meet the minimum qualifications established by the Personnel Servi…

10A NCAC 01B .0304 CERTAIN POLITICAL ACTIVITIES PROHIBITED (a) Each local human service agency which receives federal funds from the department must comply with the Federal Political Activities Act, also known as the Hatch Act, which prohibits state and local employees which are …

10a NCAC 01b .0305 CIVIL RIGHTS OF EMPLOYEES (a) Each local human service agency shall give equal opportunity for employment, without regard to race, religion, color, creed, national origin, sex, age or handicapping condition, to all persons otherwise qualified, except where spec…

SECTION .0200 - rEIMBURSEMENT 10A NCAC 01C .0201 ADMISSIONS (a) Priority for admission to facilities under the Department of Human Resources will be given to the indigent where documentary evidence is furnished to prove such indigency. (b) Other North Carolina residents who other…

10A NCAC 01C .0202 COST AND CHARGES (a) Payment will be required in full from all patients who are able to pay and from others on an ability to pay basis by guidelines established by the Secretary of Human Resources. (b) Charges may be set on an overall per diem basis in a single…

10A NCAC 01C .0203 ADMISSION INTERVIEW (a) There shall be an interview with the patient or person responsible for the patient during which financial data concerning income, assets, liabilities as well as total family situation shall be gathered. (b) Information shall be gathered …

10A NCAC 01C .0204 DETERMINING ABILITY TO PAY (a) Ability to pay will be determined by the interviewer who uses guidelines developed by the Secretary of the Department of Human Resources. (b) Guidelines should be as guides and not firm policy. (c) Many cases reveal that there are…

10A NCAC 01C .0205 COMPROMISE OF ACCOUNTS (a) Accounts may be compromised where there is an outstanding balance and the responsible party does not have the ability to pay the account or where the ability to pay is insufficient to cover the full charge. (b) Institutional directors…

10A NCAC 01C .0206 LEGAL QUESTIONS History Note: Authority G.S. 143-118; 143B-10; Eff. February 1, 1976; Amended Eff. July 1, 1985; July 1, 1980; Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.