North Carolina Administrative Code

CHAPTER 39 - DEPARTMENT OF ADMINISTRATION'S MINIMUM CRITERIA SECTION .0100 - PURPOSE 01 NCAC 39 .0101 PURPOSE The purpose of these minimum criteria is to establish threshold levels for minor operations or small routine facility projects in this Rule which no filing of environment…

SECTION .0200 - NON-MAJOR ACTIVITIES 01 NCAC 39 .0201 NON-MAJOR ACTIVITIES The following list of criteria shall be considered as descriptive of routine operations, small construction projects, and routine maintenance projects which do not require the filing of an Environmental Im…

SECTION .0300 - EXCEPTIONS 01 NCAC 39 .0301 EXCEPTIONS TO MINIMUM CRITERIA The Secretary of the Department of Administration may determine that environmental documents under the North Carolina Environmental Policy Act are required in any case where one of the following findings a…

CHAPTER 40 - NONPUBLIC EDUCATION SECTION .0100 - GENERAL PROVISIONS 01 NCAC 40 .0101 PURPOSE History Note: Authority G.S. 115C-563; 115C-566; Temporary Adoption Eff. August 4, 1998; Temporary Adoption Expired May 29, 1999; Codifier determined that agency findings did not meet cri…

01 NCAC 40 .0102 ORGANIZATION History Note: Authority G.S. 115C-563; 115C-566; 143B-12; Temporary Adoption Eff. August 4, 1998; Temporary Adoption Expired May 29, 1999; Codifier determined that agency findings did not meet criteria for temporary rule; Temporary Adoption Eff. Augu…

01 NCAC 40 .0103 DEFINITIONS History Note: Authority G.S. 115C-547 through 115C-566; Temporary Adoption Eff. August 4, 1998; Temporary Adoption Eff. November 25, 1998; Temporary Adoption Expired May 29, 1999; Codifier determined that agency findings did not meet criteria for temp…

01 ncac 40 .0104 PURPOSE History Note: Authority G.S. 115C-553; 115C-561; 115C-563; 115C-566; Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001; Temporary Adoption Eff. October 9, 2001; Temporary Rule Expired April 1, 2003; Note: See…

01 ncac 40 .0105 ORGANIZATION History Note: Authority G.S. 115C-553; 115C-561; 115C-563; 115C-566; 143B-12; Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001; Temporary Adoption Eff. October 9, 2001; Temporary Rule Expired April 1, 2…

01 ncac 40 .0106 DEFINITIONS History Note: Authority G.S. 115C-547 through 115C-566; Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001; Temporary Adoption Eff. October 9, 2001; Temporary Rule Expired April 1, 2003; Note: See Rule .03…

SECTION .0200 - DRIVING ELIGIBILITY CERTIFICATES 01 NCAC 40 .0201 DEFINITIONS History Note: Authority G.S. 115C-566; Temporary Adoption Eff. August 4, 1998; Temporary Adoption Eff. November 25, 1998; Temporary Adoption Expired May 29, 1999; Codifier determined that agency finding…

01 NCAC 40 .0202 ISSUANCE OF DRIVING ELIGIBILITY CERTIFICATES History Note: Authority G.S. 115C-566; Temporary Adoption Eff. August 4, 1998; Temporary Adoption Eff. November 25, 1998; Temporary Adoption Expired May 29, 1999; Codifier determined that agency findings did not meet c…

01 NCAC 40 .0203 REVOCATION OF DRIVING ELIGIBILITY CERTIFICATES History Note: Authority G.S. 115C-566; Temporary Adoption Eff. August 4, 1998; Temporary Adoption Eff. November 25, 1998; Temporary Adoption Expired May 29, 1999; Codifier determined that agency findings did not meet…

01 NCAC 40 .0204 STUDENT APPEALS PROCESS History Note: Authority G.S. 115C-566; Temporary Adoption Eff. August 4, 1998; Temporary Adoption Eff. November 25, 1998; Temporary Adoption Expired May 29, 1999; Codifier determined that agency findings did not meet criteria for temporary…

01 ncac 40 .0205 DEFINITIONS History Note: Authority G.S. 115C-566; Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001; Temporary Adoption Eff. October 9, 2001; Temporary Rule Expired April 1, 2003; Note: See Rule .0302.

01 ncac 40 .0206 ISSUANCE OF DRIVING ELIGIBILITY CERTIFICATES History Note: Authority G.S. 115C-566; Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001; Temporary Adoption Eff. October 9, 2001; Temporary Rule Expired April 1, 2003; No…

01 ncac 40 .0207 REVOCATION OF DRIVING ELIGIBILITY CERTIFICATES History Note: Authority G.S. 115C-566; Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001; Temporary Adoption Eff. October 9, 2001; Temporary Rule Expired April 1, 2003; …

01 ncac 40 .0208 STUDENT APPEALS PROCESS History Note: Authority G.S. 115C-566; Codifier determined that findings did not meet criteria for temporary rule on September 19, 2001; Temporary Adoption Eff. October 9, 2001; Temporary Rule Expired April 1, 2003; Note: See Rule .0305.

SECTION .0300 - ADMINISTRATION OF DRIVING ELIGIBILTY CERTIFICATES 01 ncac 40 .0301 PURPOSE AND ORGANIZATION The Division of Nonpublic Education has been designated by the Governor as the agency of State government responsible for administering the provisions of G.S. 115C, Article…

01 ncac 40 .0302 DEFINITIONS For the purposes of this Chapter, the following definitions shall apply: (1) "High school diploma or its equivalent" means a high school diploma issued by a non-public school which meets the requirements of G.S. 115C, Article 39 and also includes the …

01 ncac 40 .0303 ISSUANCE OF DRIVING ELIGIBILITY CERTIFICATES (a) Each conventional nonpublic school, home school and educational program shall be responsible for the issuance of driving eligibility certificates on forms that must be supplied only by the Division. The forms are n…

01 ncac 40 .0304 REVOCATION OF DRIVING ELIGIBILITY CERTIFICATES (a) Each nonpublic school and educational program shall revoke a driving eligibility certificate held by one of its students, no matter whether it was issued by that school or program or not: (1) When the student fai…

01 ncac 40 .0305 STUDENT APPEALS PROCESS (a) Each conventional nonpublic school and educational program that enrolls students that are at least 15 years of age shall establish a Driving Eligibility Certificate Appeals Committee to receive and act upon student protests that a driv…

CHAPTER 43 –SURPLUS PROPERTY SUBCHAPTER 43A - STATE SURPLUS PROPERTY AGENCY SECTION .0100 - GENERAL PROVISIONS 01 NCAC 43A .0101 SCOPE This Subchapter shall apply to entities engaging in the sale, purchase, or transfer of surplus property through the State Surplus Property Agency…

01 NCAC 43A .0102 DEFINITIONS For the purposes of this Chapter, the following definitions apply: (1) "Employee" includes full-time exempt and non-exempt, part-time, temporary, and permanent employees of a state agency as defined in G.S. 143-64.02. (2) "Fair Market Price" means th…

SECTION .0200 – STATE SURPLUS PROPERTY 01 ncac 43a .0201 SENSITIVE AND CONFIDENTIAL DATA The owning agency shall clear and destroy all data from surplus items prior to disposal. History Note: Authority G.S. 143-64.01; 143-64.04; Eff. April 1, 2009; Pursuant to G.S. 150B-21.3A, ru…

01 ncac 43a .0202 Compressed GASES, FLAMMABLE, NUCLEAR, CHEMICAL, BIOLOGICAL, RADIOACTIVE, AND OTHER HAZARDOUS MATERIALS (a) The State Surplus Property Agency does not accept equipment or containers that contain compressed gases, or flammable, nuclear, chemical, biological, radio…

SECTION .0300 - DISPOSAL OF SURPLUS PROPERTY 01 NCAC 43A .0301 TRANSFER OR SALE The State Surplus Property Agency shall determine the method of transfer, sale, or disposal of all State owned property in the best interests of the State. History Note: Authority G.S. 143-64.01; 143-…

01 NCAC 43A .0302 NOTIFICATION OF SURPLUS State agencies shall notify the State Surplus Property Agency of the Division of Surplus Property of any personal property which is surplus to their needs by entering the necessary information into the electronic State Surplus Property Di…

01 NCAC 43A .0303 TRADE-IN (a) Agencies desiring to trade-in property for new or replacement property shall gain State Surplus Property Agency approval prior to said trade-in. (b) Where an agency solicits competition for the purchase of a new item and it appears that a trade-in m…

01 NCAC 43A .0304 ORDER OF PRIORITY IN DISPOSITION (a) In the disposition of state surplus property, the State Surplus Property Agency shall give first priority to other agencies of the state for purchase or transfer. Second priority shall be given to sales to political subdivisi…

01 NCAC 43A .0305 DISPOSAL BY EXECUTIVE ORDER Notwithstanding 01 NCAC 43A .0304, the Governor, through Executive Order, may direct the disposal of surplus State property by transfer or donation to any North Carolina State agency or political subdivision or to the State Government…

01 NCAC 43A .0306 BIDDING AND PURCHASES PROHIBITED BY EMPLOYEES AND IMMEDIATE FAMILY MEMBERS (a) To avoid conflicts of interest, bidding on or purchase of state surplus property is prohibited to State Surplus Property Agency employees and their immediate family members. (b) All S…

01 NCAC 43A .0307 PUBLIC SALE Unless otherwise disposed of in accordance with G.S. 143-64.03 or Rule .0305 of this Section, State Surplus Property shall be offered for public sale. Public sale is through sealed competitive bids, competitive bids, electronic bids, negative bids, a…

01 NCAC 43A .0308 FIRST-COME FIRST-SERVED State surplus property shall be sold on a first-come, first served basis when: (1) the property is sold at a retail store to the general public; or (2) the property is transferred to state agencies, political subdivisions, or non-tax exem…

01 NCAC 43A .0309 REJECTION OF BIDS (a) Any and all bids may be rejected if in the best interest of the state. (b) Bids may also be rejected in whole or in part if: (1) The winning bidder has failed to pay for or pick up surplus property awarded; (2) The bid is submitted by an in…

01 NCAC 43A .0310 RECEIPT OF BIDS The bidder shall ensure that the bid is received in the State Surplus Property Agency by the time and date set forth in the bid. History Note: Authority G.S. 143-64.01; 143-64.04; Eff. June 1, 2007; Readopted Eff. November 1, 2019.

01 NCAC 43A .0311 INSPECTION OF PROPERTY (a) All property is sold "as is" and "where is." Bidders may inspect property prior to submitting bids. Opportunity shall be afforded for inspection up to the time a bid is awarded, but no labor or materials shall be furnished to a bidder …

01 NCAC 43A .0312 STATE DOES NOT GUARANTEE (a) The description of the property offered for sale is compiled from information available to the State Surplus Property Agency at the time the bid is prepared. All property is sold "as is" and "where is." (b) State Surplus Property Age…

01 NCAC 43A .0313 REFUNDS (a) No refund shall be made upon the following: (1) property not meeting the bidder's expectation; (2) bidder's failure to inspect prior to sale; or (3) change of condition of property from the time of award to the time of pickup. (b) No refund shall be …

01 NCAC 43A .0314 EXTENSION TO PAY OR REMOVE PROPERTY (a) Extensions to pay or remove property shall be granted under the following conditions: (1) the purchaser's inability to pay or remove property is due to the actions or inactions of the State Surplus Property Agency or the c…

01 NCAC 43A .0315 FAILURE TO PAY OR REMOVE PROPERTY (a) Unless extended in accordance with Rule .0314 of this Chapter, if the bidder fails to pay in full for the property by the time and date indicated on the notice of award, the award shall be rescinded, and the defaulting bidde…

01 NCAC 43A .0316 BOND (a) The selling entity or the State Surplus Property Agency may require performance bonds for the purchase of commodities when hazards to the environment may occur on property and require additional costs. (b) The selling entity or the State Surplus Propert…

01 NCAC 43A .0317 DEMOLITION OF STATE BUILDINGS (a) The State Surplus Property Agency may, if in the best interest of the State, be responsible for bids and awards of contracts for the demolition of state buildings, including those of universities, hospitals, and other state enti…

01 NCAC 43A .0318 TIMBER SALES, PINESTRAW, AND FOREST COMMODITIES SALES The State Surplus Property Agency shall dispose of timber, pine straw, and other forest commodities owned by state agencies through a public sale. A request for bid shall be sent to any interested party upon …

01 NCAC 43A .0319 SURPLUS WEAPONS AND FIREARMS (a) With the exception of service side arms within the scope of G.S. 20-187.2, surplus weapons and firearms possessed by the North Carolina State Highway Patrol, North Carolina Division of Adult Correction and Juvenile Justice of the…

01 NCAC 43A .0320 PAYMENT (a) All payments shall be in the form of cash, credit, debit, cashier's or certified check, postal money order, or other methods as approved by the Department of Administration Fiscal Officer which may include electronic payments. (b) Payment for retail …

01 NCAC 43B .0216 PAYMENT History Note: Authority G.S. 143-49; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Transferred from T01-05C Eff. November 25, 1986; Repealed Eff. July 1, 1987; Transferred from T01-04G Eff. November 1, 1995.

01 NCAC 43B .0224 RECYCLABLE MATERIAL History Note: Authority G.S. 143-64.02; 143-64.05; S.L. Extra Session 1999-463; Temporary Adoption Eff. April 26, 2000; Temporary Adoption Expired on February 9, 2001.

SECTION .0300 - STATE SURPLUS PROPERTY FORMS 01 NCAC 43B .0301 REQUEST FOR BIDS ON SALE OF SURPLUS STATE PROPERTY History Note: Authority G.S. 150B-11; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Transferred from T01-05C Eff. November 25, 1986; Amended Eff. November …

01 NCAC 43B .0302 TERMS AND CONDITIONS OF SALE OF STATE SURPLUS PROPERTY History Note: Authority G.S. 150B-11; Eff. February 1, 1976; Repealed Eff. February 27, 1979; Transferred from T01-05C Eff. November 25, 1986; Transferred from T01-04G Eff. November 1, 1995.