North Carolina Administrative Code

SECTION .0300 – REPAIR/REPLACEMENT OF PERSONAL PROPERTY 10A NCAC 01C .0301 DEFINITIONS As contained in this Section, the following terms have the following meanings: (1) "Client" means any person who is under the supervision of a Department of Human Resources facility for purpose…

10A NCAC 01C .0302 CRITERIA FOR DETERMINING REIMBURSEMENT ELIGIBILITY Prior to issuing reimbursements to facility employees, volunteers, or clients for personal property damaged or stolen by facility clients, the facility director or designee must prepare a written report, includ…

10A NCAC 01C .0303 LIMITATION ON REIMBURSEMENT Reimbursement may not exceed two hundred dollars ($200.00) per incident. In applying the reimbursement limitations set out in G.S. 143-127.5, the five hundred dollars ($500.00) per year limitation shall apply to volunteers and client…

10A NCAC 01C .0304 PROCEDURE FOR REQUESTING REIMBURSEMENT The division/facility director shall determine the procedure for seeking reimbursement subject to the following limitations: (1) a written account of the incident which resulted in the request shall be prepared by the empl…

10A NCAC 01C .0305 RESPONSE TO REQUEST AND APPEAL RIGHTS (a) Within 30 days of receipt of a completed request for reimbursement, the facility director or designee shall respond to the request for reimbursement. (b) If no response is received or if a negative response is received,…

10A NCAC 01C .0306 NOTICE Clients shall be made aware of the potential liability under G.S. 143, Article 7A. History Note: Authority G.S. 143-127.2; Eff. June 1, 1987; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 23, 2017.

SUBCHAPTER 01E – NON-DISCRIMINATION PROCEDURES SECTION .0100 – nON-DISCRIMINATION PROCEDURES 10A NCAC 01E .0101 NONDISCRIMINATION PROCEDURES The Department of Health and Human Services provides for the resolution of complaints against any Division within the Department alleging a…

subchapter 01f – office of the secretary section .0100 - legal 10a NCAC 01f .0101 OFFICE OF LEGISLATIVE AND LEGAL AFFAIRS History Note: Authority G.S. 143B-10; Eff. April 1, 1985; Amended Eff. November 1, 1985; Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

10A NCAC 01G .0103 process review (a) Beginning with the effective date of this Rule and not less than once every two years, the Partner Team, as defined in G.S. 131E-154.13(3), shall review the process by which the NC NOVA special licensure designation is awarded. (b) Any change…

CHAPTER 05 – AGING: GENERAL PROVISIONS SUBCHAPTER 05A - INTRODUCTION SECTION .0100 – GENERAL PROVISIONS 10A NCAC 05A .0101 DEFINITIONS In addition to the definitions found in 45 C.F.R. 1321 (Grants for State and Community Programs on Aging), the following terms shall have the mea…

section .0200 – Governor's advisory council on aging 10A NCAC 05A .0201 EXECUTIVE COMMITTEE There shall be an executive committee of the advisory council to the Division of Aging. The executive committee will be composed of the chairman and the vice-chairman and secretary of the …

10A NCAC 05A .0202 ORIENTATION AND TRAINING There shall be a program of orientation and training for advisory council members. Orientation shall include an introduction to the Older Americans Act, state program initiatives, and the scope and purpose of the Division of Aging and t…

10A NCAC 05B .0103 APPLICABLE DOL REGULATIONS History Note: Authority G.S. 143B-10; 143B-138; Eff. October 1, 1980; Amended Eff. May 1, 1990; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015; Expired Eff. June 1, 2025 pursuant t…

SECTION .0200 - ADMINISTRATION OF GRANTS 10A NCAC 05B .0201 TITLE The following regulations are adopted by reference pursuant to G.S. 150B-14(c): (1) 45 C.F.R., Subtitle A--Department of Health, Education and Welfare, General Administration; Part 74 - Administration of Grants; (2…

10A NCAC 05B .0202 COPIES History Note: Authority G.S. 143B-10; 143B-138; Eff. September 1, 1978; Amended Eff. October 1, 1980; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015; Expired Eff. June 1, 2025 pursuant to G.S. 150B-21…

SECTION .0200 – DIVISION OF AGING 10A NCAC 05C .0201 PUBLIC HEARINGS History Note: Authority G.S. 143B-10; 143B-138; 143B-181.1(c); 45 C.F.R., Chapter XIII, Part 1321; Eff. October 1, 1980; Pursuant to G.S. 150B-21.3A, rule Expired June 1, 2015.

10A NCAC 05C .0202 PUBLIC INFORMATION History Note: Authority G.S. 143B-10; 143B-138; 45 C.F.R., Chapter XIII, Part 1321; Eff. October 1, 1980; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015; Expired Eff. June 1, 2025 pursuant…

10A NCAC 05C .0203 DESIGNATION OF PLANNING AND SERVICE AREAS (a) Federal regulations mandate that the Division of Aging shall divide the entire State into distinct planning and service areas (PSAs) in accordance with prescribed regulations. In North Carolina, the Governor has des…

10A NCAC 05C .0204 DESIGNATION OF AGENCIES ON AGING (a) The Division of Aging, in compliance with federal regulations, shall designate an area agency on aging in each planning and service area in which it decides to allocate funds under Title III of the Older Americans Act. In ca…

10A NCAC 05C .0205 ALLOCATION OF FUNDS (a) The Division of Aging shall allocate all appropriate funds received under the Older Americans Act, from the State, other federal agencies and any other source in accordance with criteria established by the Division. The criteria will inc…

10A NCAC 05c .0208 ADMINISTRATION The Division of Aging requires all grantees and contractors to establish acceptable methods for administering Older Americans Act and related programs. The Division shall periodically monitor, assess and evaluate the administrative systems being …

10A NCAC 05C .0209 STANDARDS OF PERSONNEL ADMINISTRATION History Note: Authority G.S. 143B-10; 143B-138; 45 C.F.R., Chapter XIII, Part 1321; 5 C.F.R., Part 900; Eff. October 1, 1980; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2…

10A NCAC 05C .0210 AFFIRMATIVE ACTION (a) The Division of Aging has developed (and revises as necessary) an affirmative action plan for equal employment opportunity. The affirmative action plan addresses minorities, women, physical handicapped and older persons in quantitative an…

10A NCAC 05C .0211 PUBLICATIONS History Note: Authority G.S. 143B-10; 143B-138; 45 C.F.R., Chapter XIII, Part 1321; Eff. October 1, 1980; Amended Eff. April 1, 1990; Pursuant to G.S. 150B-21.3A, rule Expired June 1, 2015.

SECTION .0300 – AREA AGENCIES ON AGING 10A NCAC 05C .0301 AREA PLAN CONTENT The Division shall periodically set forth the format, criteria for approval, and instructions for the development and submission of the area plan and for development and submission of annual updates to th…

10A NCAC 05C .0302 CONTRACTING FOR ADMINISTRATIVE FUNCTIONS History Note: Authority G.S. 143B-10; 143B-138; 143B-181.1(c); Eff. October 1, 1980; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015; Expired Eff. June 1, 2025 pursuan…

10A NCAC 05C .0303 DIRECT SERVICE DELIVERY BY AN AAA An area agency shall not deliver services directly unless it receives approval from the Division of Aging. An area agency proposing to deliver services for the aging directly shall notify the Division of Aging of its desire to …

10A NCAC 05C .0304 PUBLIC HEARINGS ON AAA PLANS (a) An AAA shall follow the area plan public hearing procedures required by the Division and the Older Americans Act federal regulations. (b) In addition, the AAA shall apply the following standards in the conduct of its public hear…

10A NCAC 05C .0305 AREA PLAN SUBMISSION: REVIEW AND APPROVAL (a) The area plan, or annual updates, shall be submitted to the Division of Aging in accordance with the schedule and procedures established by the Division. In developing the area plan, the AAA shall allow sufficient t…

10A NCAC 05C .0306 STAFFING (a) An area agency shall employ an individual qualified by education and experience to administer the areawide program. The area administrator shall devote full-time solely to activities on aging. (b) No AAA shall be allowed to operate without an area …

SECTION .0400 - ALLOCATIONS 10A NCAC 05C .0401 COUNTY ORGANIZATION ON AGING FUNDS History Note: Authority G.S. 143B-10; 143B-138; Eff. October 1, 1980; Pursuant to G.S. 150B-21.3A, rule Expired June 1, 2015.

10A NCAC 05C .0402 PROJECT INCOME FROM STATE FUNDED PROGRAMS History Note: Authority G.S. 143B-10; 143B-138; Eff. October 1, 1980; Pursuant to G.S. 150B-21.3A, rule Expired June 1, 2015.

10A NCAC 05C .0403 RESPITE CARE The respite care service funded with Social Services Block Grant funds and administered by the Division of Aging shall be operated in accordance with requirements contained in Chapter 738, Section 101 of the 1987 Session Laws of the North Carolina …

10A NCAC 05C .0404 INTRASTATE FUNDING FORMULA (a) The intrastate funding formula shall apply to funding allocated to Area Agencies on Aging under the Older Americans Act, 20 U.S.C. 1008a et seq and 45 C.F.R. 1321.37, which are adopted by reference pursuant to G.S. 150B-14(c), and…

SUBCHAPTER 05D - GRANTS ADMINISTRATION SECTION .0100 - GRANT/CONTRACT IMPLEMENTATION 10A NCAC 05D .0101 GRANT AWARD NOTIFICATION The division shall establish forms and instructions needed to ensure that all state and federal grant award notification and budget requirements are me…

10A NCAC 05D .0102 CONTRACTS The division shall carry out all contractual agreements in accordance with department and other state requirements. History Note: Authority G.S. 143B-10; 143B-138; Eff. September 1, 1978; Pursuant to G.S. 150B-21.3A, rule is necessary without substant…

10A NCAC 05D .0103 BUDGET REVISIONS (a) The following policies and procedures shall govern all proposed budget revisions of Older Americans Act programs and other grantees or contractors under the Division of Aging. (b) Conditions Requiring Budget Revisions. During the operation …

10A NCAC 05D .0104 PROGRAM AMENDMENTS (a) The following policies and procedures apply to all OAA and other program grantees of the Division of Aging with regard to the need for and submission of program amendments or program changes to approved area plans or related project appli…

SECTION .0200 - OBTAINING FUNDS 10A NCAC 05D .0201 REQUESTS FOR FUNDS Federal funds under the Older Americans Act are awarded by the administration on aging to the state. The Division of Aging, the single unit on aging for the State of North Carolina, distributes all payments to …

10A NCAC 05D .0202 MATCHING FUNDS (a) When a grantee requests Older Americans Act funds, or other Division administered funds, the grantee shall have on deposit the non-federal cash amount required to match the federal or state funds being specifically requested at the time the r…

SECTION .0300 - EXPENDING PROJECT FUNDS 10A NCAC 05D .0301 GENERAL POLICIES The following general policies and procedures for expenditure of Older Americans Act funds will apply: (1) Approved notification of grant awards will specify the maximum amount of Older Americans Act assi…

10A NCAC 05D .0302 TRAVEL History Note: Authority G.S. 143B-10; 143B-138; 143B-181.1(c); Eff. September 1, 1978; Amended Eff. October 1, 1980; Pursuant to G.S. 150B-21.3A, rule Expired June 1, 2015.

10A NCAC 05D .0303 VOLUNTEER IN-KIND Volunteer time provided by employees of a grantee or a contractor are not allowable as in-kind contribution toward the matching share of grant or contract. History Note: Authority G.S. 143B-10; 143B-138; Eff. November 14, 1980; Amended Eff. Ap…

SECTION .0400 - REPORTING 10A NCAC 05D .0401 REQUIRED REPORTS The Division will develop and implement forms and instructions which grantees must utilize in reporting program and financial information. History Note: Authority G.S. 143B-10; 143B-138; 143B-181.1(c); Eff. September 1…

10A NCAC 05D .0402 FREQUENCY OF REPORTS The division will require all grantees to submit financial and programmatic reports in a timely manner. Schedules for grantee report submissions must provide the Division with ample time to compile and transmit all appropriate report data t…

SECTION .0500 - MONITORING/ASSESSMENT/EVALUATION 10A NCAC 05D .0501 PURPOSE The Division will carry out all required monitoring, assessment and evaluation activities in order to ensure grantee adherence to all applicable laws, regulations, and operating procedures. History Note: …

10A NCAC 05D .0502 SCHEDULE The Division of Aging will assess grantee agency operations on an annual basis. History Note: Authority G.S. 143B-10; 143B-138; Eff. September 1, 1978; Amended Eff. April 1, 1990; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive publi…

SECTION .0600 - GENERAL REQUIREMENTS 10A NCAC 05D .0601 AUDITS (a) Division of Aging Audits (1) The Department of Health and Human Services (DHHS) shall generally conduct an audit of area agencies and grantees and contractors who are recipients of Titles III-B and III-C funds. Be…

10A NCAC 05D .0602 SUSPENSION/TERMINATION (a) The Division may for reasonable cause suspend or terminate the use of Title III or other Division administered funds by a grantee. Reasonable cause shall be related to the lack of grantee compliance with the terms of the grant award, …

SUBCHAPTER 05E - DIVISION HEARINGS SECTION .0100 - GENERAL 10A NCAC 05E .0101 DIVISION HEARINGS IN GENERAL (a) The state Division of Aging has established a decision review process whereby certain persons aggrieved by an Area Agency on Aging final decision, who have exhausted loc…