North Carolina Administrative Code

01 NCAC 43B .0303 NOTIFICATION: SALE OF SURPLUS 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. July 1, 1987; Transferred from T01-04G Eff. November 1, 1995; Repe…

01 NCAC 43B .0304 NOTIFICATION: AWARD OF SURPLUS 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 1, 1988; July 1, 1987; Transferred from T01-04G Eff. Nov…

01 NCAC 43B .0305 INVOICE: STATE SURPLUS PROPERTY History Note: Authority G.S. 150B-11; Eff. February 27, 1979; Transferred from T01-05C Eff. November 25, 1986; Transferred from T01-04G Eff. November 1, 1995; Repealed Eff. June 1, 2007.

SECTION .0400 - FEDERAL SURPLUS PROPERTY 01 NCAC 43B .0401 ELIGIBLE INSTITUTIONS It shall be the responsibility of the state agency for federal surplus property to determine the eligibility of donees under Public Law 94-519 and applicable federal rules and regulations. Applicatio…

01 NCAC 43B .0402 UTILIZATION OF PROPERTY Federal law requires donable surplus property acquired from the United States government be put into utilization within one year after date of transfer, that the utilization conforms with federal regulations pertaining to this type proper…

01 NCAC 43B .0403 COMPLIANCE AND UTILIZATION (a) The state agency shall effect utilization reviews for compliance by donees with the terms, conditions, reservations and restrictions imposed by the Federal and state Government for any item of property having a unit acquisition cos…

01 NCAC 43B .0404 LISTS History Note: Authority G.S. 143-64.1 to 143-64.5; 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 November 25, 1986; Repealed Eff.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 .0405 DETERMINATION OF NEED (a) Federal surplus property is available to eligible organizations and is distributed on a fair and equitable basis with a reasonable time being given to allow for acceptance. The foremost and overriding objective of the state agency is to…

01 NCAC 43B .0406 SURPLUS REAL PROPERTY History Note: Authority G.S. 143-64.1 to 143-64.5; 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 November 25, 1986; Repealed Eff.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 .0407 SERVICE CHARGE The state agency for federal surplus property places a service charge commensurate with its costs on all donated federal surplus property. History Note: Authority G.S. 143-64.1 to 143-64.5; Eff. February 1, 1976; Readopted Eff. February 27, 1979; …

01 NCAC 43B .0408 DELIVERY OF PURCHASES History Note: Authority G.S. 143-64.1 to 143-64.5; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Transferred from T01-05C Eff. November 25, 1986; Amended Eff. July 1, 1987; Transferred from T01-04G Eff. November 1, 1995; Expired …

01 NCAC 43B .0409 NO CASH TRANSACTIONS No cash transactions are handled. All charges must be paid by checks drawn on the recipient agency or institution. History Note: Authority G.S. 143-64.1 to 143-64.5; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Transferred from T…

01 NCAC 43B .0504 FORM OS-484 (7-1-75) Form OS-484 (7-1-75) is used in requests to alter terms and conditions under which federal surplus property is donated. History Note: Authority G.S. 143-64.1 through 143-65.5; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Transfer…

01 NCAC 43B .0510 AGREEMENT AND ACKNOWLEDGEMENT OF TRANSFER 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.

01 NCAC 43B .0511 APPLICATION FOR ELIGIBILITY: PC-90 PC-90--Application for Eligibility, is a questionnaire form required to be filled out and approved for all eligible donee institutions. History Note: Authority G.S. 143-64.1 through 143-64.5; Eff. February 27, 1979; Transferred…

01 NCAC 43B .0512 NONDISCRIMINATION ASSURANCE PC-159 PC-159--Non-Discrimination Assurance is a certification by eligible institutions that compliance with Title VI of The Civil Rights Act of 1964, Section 606 of Title VI of the Federal Property and Administrative Services Act of …

01 NCAC 43B .0513 INVOICE: FEDERAL SURPLUS PROPERTY: PC-56 PC-56--Invoice, Federal Surplus Property, is the donee service and handling charges which have been assessed to the donee. History Note: Authority G.S. 143-64.1 through 143-64.5; Eff. February 27, 1979; Transferred from T…

01 NCAC 43B .0516 CERTIFICATION AND AGREEMENTS: PC-FS-99 PC-FS-99--Certification and Agreement, is required for all eligible institutions, certifying that all federal property will be utilized in accordance with the terms and conditions which are printed on the Official Agreement…

01 NCAC 43B .0517 SASP MONTHLY ACTIVITY REPORT: PC-94 History Note: Authority G.S. 150B-11; 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.

CHAPTER 44 - OFFICE FOR HISTORICALLY UNDERUTILIZED BUSINESSES SUBCHAPTER 44A – STATEWIDE UNIFORM CERTIFICATION SECTION .0100 - GENERAL PROVISIONS 01 NCAC 44A .0101 SCOPE The rules in this Subchapter are used to determine if a business is a historically underutilized business in a…

01 NCAC 44A .0102 DEFINITIONS As used in this Subchapter, the following terms have the following definitions: (1) "HUB" means Historically Underutilized Business. (2) "HUB Certification" means the determination of a vendor's eligibility as a HUB. (3) "HUB Office" means the Depart…

SECTION .0200 - HUB CERTIFICATION APPLICATION 01 NCAC 44A .0201 APPLICATION A business shall complete the following steps to initiate an application for certification: (1) The business shall complete an application using the Vendor Link NC system http://www.ips.state.nc.us/ips/Ve…

01 NCAC 44A .0202 DOCUMENTATION (a) HUB staff shall request documentation to establish the ownership, management, and control of daily business operations of the business pursuant to Rule .0301 this Subchapter. (b) If the documentation provided by the business does not demonstrat…

01 NCAC 44A .0203 APPROVAL (a) The HUB Office shall grant HUB Certification if the business meets the definition of minority business found at G.S. 143-128.4(a1) and 143-128.2(g). (b) The business shall log on to the Vendor Link system at least once during each 12 month period. H…

01 NCAC 44A .0204 DURATION OF CERTIFICATION Certification remains in effect for four years unless there is a change in the business ownership, management or control of daily business operations that affects the HUB Certification status. History Note: Authority G.S. 143-48.4; 143-…

01 NCAC 44A .0205 CHANGES IN OWNERSHIP OR MANAGEMENT AND CONTROL HUB vendors shall notify the HUB Office in writing of any changes in the ownership or the management and control of daily business operations of their companies within 30 days of the changes. History Note: Authority…

01 NCAC 44A .0206 DENIAL (a) The HUB Office shall deny HUB Certification if the business does not meet the definition of minority business found at G.S. 143-128.2(g)(1) or 143-128.4 (b) The HUB office shall notify the business in writing when the application is denied. (c) The bu…

01 NCAC 44A .0207 RENEWAL (a) To renew HUB certification the HUB shall attest that there have been no changes in the ownership or the management and control of daily business operations of the business entity since the last certification or renewal. (b) If there has been a change…

01 NCAC 44A .0208 INACTIVITY The Vendor Link system automatically removes those vendor profiles that have been inactive for 12 months. History Note: Authority G.S. 143-48.4; 143-128.4; Eff. March 1, 2008; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public i…

SECTION .0300 - DOCUMENTATION 01 NCAC 44A .0301 REQUIRED DOCUMENTATION The Office for Historically Underutilized Businesses shall request the following documentation based on the business structure of the applicant, to determine that the applicant's ownership, management and cont…

SECTION .0400 - THIRD PARTY CHALLENGE 01 NCAC 44A .0401 CHALLENGE INITIATION A third party may challenge, by notarized affidavit, the HUB Certification of any business. The challenge shall include reasons or evidence for the challenge. History Note: Authority G.S. 143-48.4; 143-1…

01 NCAC 44A .0402 HUB OFFICE INVESTIGATION Once a challenge has been initiated, the HUB Office shall investigate by requesting additional data and conducting an on-site review at the business location. History Note: Authority G.S. 143-48.4; 143-128.4; Eff. March 1, 2008; Pursuant…

01 NCAC 44A .0403 DETERMINATION The HUB Office shall notify the challenger and HUB in writing of the outcome of the investigation. History Note: Authority G.S. 143-48.4; 143-128.4; Eff. March 1, 2008; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public inter…

01 NCAC 44A .0404 HUB STATUS DURING CHALLENGE The HUB Certification status shall remain in effect during the challenge process. History Note: Authority G.S. 143-48.4; 143-128.4; Eff. March 1, 2008; Amended Eff. May 1, 2009; Pursuant to G.S. 150B-21.3A, rule is necessary without s…

SECTION .0500 - REVOCATION OF HUB CERTIFICATION 01 NCAC 44A .0501 REASONS FOR REVOCATION The HUB Office shall revoke the HUB Certification for any of the following reason(s): (1) Firm's owner failed to cooperate with the Program's request for information; (2) Firm's owner falsifi…

01 NCAC 44A .0502 NOTICE (a) The HUB Office shall notify the business in writing by certified mail of the decision to revoke HUB Certification and shall state the reason(s) for revocation. (b) The HUB Office shall advise the HUB of its right to a review and give the business 15 b…

SECTION .0600 - REVIEW 01 NCAC 44A .0601 REVIEW To exercise a right of review, a review request shall be made in writing and addressed to the HUB Office Director within 15 business days of the date of the denial or revocation notice. History Note: Authority G.S. 143-48.4; 143-128…

01 NCAC 44A .0602 CONTENTS The review request shall state the specific reason(s) why the denial or revocation was improper based on the HUB eligibility requirements and the documentation submitted. History Note: Authority G.S. 143-48.4; 143-128.4; Eff. March 1, 2008; Pursuant to …

01 NCAC 44A .0603 CRITERIA The HUB Director shall consider and base the decision on the eligibility requirements. History Note: Authority G.S. 143-48.4; 143-128.4; Eff. March 1, 2008; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6,…

01 NCAC 44A .0604 DECISION The HUB Director shall render a written decision within 45 business days of receipt of the request. History Note: Authority G.S. 143-48.4; 143-128.4; Eff. March 1, 2008; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest …

01 NCAC 44A .0605 STATUS PENDING REVIEW The HUB Certification status remains in effect pending a review. History Note: Authority G.S. 143-48.4; 143-128.4; Eff. March 1, 2008; Amended Eff. May 1, 2009; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public inter…

01 NCAC 44A .0606 APPEAL The business may file a contested case with the Office of Administrative Hearings pursuant to G.S. 150B-23 if it is not satisfied with the decision of the Director. History Note: Authority G.S. 143-48.4; 143-128.4; Eff. March 1, 2008; Pursuant to G.S. 150…

02 NCAC 07A .0106 DUTIES OF THE ANIMAL WELFARE SECTION History Note: Authority G.S. 19A-24; Eff. July 1, 1979; Repealed Eff. April 1, 1984.

02 NCAC 07D .0408 SALE OF SWINE WHICH HAVE PASSED THROUGH PUBLIC MARKET History Note: Authority G.S. 106-317; Eff. July 15, 1978; Repealed Eff. October 6, 1978.

02 NCAC 07D .0705 FEES FOR BLOOD TEST History Note: Authority G.S. 106-405.17; Eff. December 1, 1981; Repealed Eff. April 1, 1984.

02 NCAC 07D .0816 HERD REQUIREMENTS FOR BREEDING SWINE History Note: Authority G.S. 106-416; Eff. July 1, 1979; Repealed Eff. July 1, 1979.

02 NCAC 07D .0817 RECORDS REQUIREMENTS FOR LIVESTOCK DEALERS History Note: Authority G.S. 106-389; 106-396; Eff. June 1, 1982; Repealed Eff. April 1, 1984.

02 NCAC 07D .0818 POULTRY RUNNING AT LARGE History Note: Authority G.S. 106-539; 106-540; 106-543; Eff. July 1, 1983; Repealed Eff. April 1, 1984.

SECTION .0200 - POULTRY: HATCHERIES: PULLORUM DISEASE 02 NCAC 07H .0201 NATIONAL POULTRY IMPROVEMENT PLAN History Note: Authority G.S. 106-539; 106-540; 106-543; Eff. February 1, 1976; Amended Eff. May 1, 1983; February 1, 1983; Repealed Eff. April 1, 1984.

SUBCHAPTER 8C - ENGINEERING SECTION SECTION .0100 - STANDARDS FOR STORAGE: HANDLING AND INSTALLATION OF LP GAS 02 NCAC 08C .0101 ADOPTION BY REFERENCE History Note: Authority G.S. 119-55; Eff. February 1, 1976; Amended Eff. July 1, 1981; Repealed Eff. May 1, 1983.