North Carolina Administrative Code

10A NCAC 48B .0803 BENCHMARK 21 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .0804 BENCHMARK 22 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .0901 BENCHMARK 23 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .0902 BENCHMARK 24 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .0903 BENCHMARK 25 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .0904 BENCHMARK 26 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

SECTION .1000 - Evaluate Effectiveness, Accessibility and Quality of Personal and Population-Based Health Services 10A NCAC 48B .1001 BENCHMARK 27 History Note: Authority G.S. 130A-34.1; Temporary Adoption Eff. January 1 2006; Eff. October 1, 2006; Pursuant to G.S. 150B-21.3A, ru…

10A NCAC 48B .1101 BENCHMARK 28 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .1102 BENCHMARK 29 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .1201 BENCHMARK 30 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .1202 BENCHMARK 31 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .1203 BENCHMARK 32 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .1204 BENCHMARK 33 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

section .1300 – governance 10A NCAC 48B .1301 BENCHMARK 34 History Note: Authority G.S. 130A-34.1; Temporary Adoption Eff. January 1, 2006; Eff. October 1, 2006; Amended Eff. April 1, 2015; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. Ja…

10A NCAC 48B .1302 BENCHMARK 35 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .1303 BENCHMARK 36 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .1304 BENCHMARK 37 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .1305 BENCHMARK 38 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .1306 BENCHMARK 39 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .1307 BENCHMARK 40 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

10A NCAC 48B .1308 BENCHMARK 41 Terminal NCAC rule row. The North Carolina OAH chapter browse page lists this prior rule/range as REPEALED; the individual rule HTML/PDF URL currently returns 404. Indexed URL: http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20hu…

CHAPTER 63 - SERVICES FOR THE BLIND SUBCHAPTER 63A - ORGANIZATION SECTION .0100 - RIGHTS 10A ncac 63a .0101 NON-DISCRIMINATION No individual seeking or receiving services through any program administered by the Division of Services for the Blind shall be discriminated against on …

SECTION .0200 - DEFINITIONS 10A ncac 63a .0201 DEFINITIONS The following definitions apply throughout this Chapter. Where there are definitions that apply to only one program, they will be identified in the appropriate Subchapter. (1) "Blind" is defined in G.S. 111-11(1). (2) "Vi…

subchapter 63b – procedural rules section .0100 – rule-making procedures 10A ncac 63b .0101 PETITIONS (a) Any person wishing to request the adoption, amendment, or repeal of a rule of the Commission for the Blind shall make his request in a petition addressed to: Director Divisio…

10A ncac 63b .0102 NOTICE (a) Any person or agency desiring to be on the list for rule-making notices may file a written request, furnishing the name and mailing address, with the Commission for the Blind at the address shown in 10A NCAC 63B .0101(a). The request must state the s…

10A ncac 63b .0103 HEARING OFFICER The Commission for the Blind, or one or more members of the Commission, or one or more hearing officers designated and authorized by the Commission, shall be hearing officers in a rule making hearing. History Note: Authority G.S. 143B-157; Eff. …

10A ncac 63b .0104 HEARINGS (a) Written comments must clearly state the rule to which the comments are addressed and the name and address of the submitting person. Written comments must be sent to the Commission for the Blind at the address shown in 10A NCAC 63B .0101(a). (b) The…

10A ncac 63b .0105 DECISION (a) Any person who desires a written statement of the Commission's reasons for the decision to adopt or reject a rule may, within 30 days after the decision, submit a request to the Commission for the Blind at the address shown in 10A NCAC 63B .0101(a)…

10A ncac 63b .0106 RECORD OF PROCEEDINGS A record of all rule-making proceedings, including any petitions received by the Division of Services for the Blind APA Coordinator's office, shall be maintained by the APA Coordinator's office and shall be available for public inspection …

10A NCAC 63B .0107 FEES History Note: Authority G.S. 143B-157; 150B-19; Eff. February 1, 1976; Readopted Eff. November 16, 1977; Expired Eff. December 1, 2015 pursuant to G.S. 150B-21.3A.

10A ncac 63b .0108 DECLARATORY RULINGS (a) The director of the Division shall have the power to make declaratory rulings. All requests for declaratory rulings shall be made by written petition and shall be submitted to the Division at the address shown in 10A NCAC 63B .0101(a). (…

section .0200 – contested cases 10A ncac 63b .0201 HEARING OFFICERS All contested cases arising under the rules contained in Subchapters 63F, 63E and 63G of this Chapter shall be heard by an Administrative Law Judge from the Office of Administrative Hearings and conducted accordi…

subchapter 63c - BUSINESS ENTERPRISES PROGRAM section .0100 – business enterprises program 10A ncac 63c .0101 PURPOSE AND DEFINITIONS As used in this Subchapter: (1) "Blind person" or "legally blind" means a person who meets the criteria defined in 34 CFR 395.1(c) and G.S. 111-11…

10A ncac 63c .0102 RESPONSIBILITY (a) The Division shall assure that: (1) each operator is provided access to all program and financial data of the Division relevant to the operation of the Business Enterprises Program, including quarterly and annual financial reports, to the ext…

10A ncac 63c .0103 business enterprises facility EQUIPMENT: MERCHANDISE: AND SUPPLIES (a) The Division shall furnish each Business Enterprises facility with the equipment, initial stock, and initial supplies that are necessary to operate the unit. (b) Except as set forth in Parag…

10A ncac 63c .0104 TRAINING PROGRAM The Division shall provide for the training of legally blind individuals according to the requirements of 34 CFR 395.11 and for the training and retraining of blind operators with assistance from the Elected Committee of Blind Vendors. History …

section .0200 - licensing and placement 10A ncac 63c .0201 ISSUANCE OF LICENSES The Division, through the Business Enterprises Program, shall license blind individuals who meet eligibility requirements for the Business Enterprises Program. The licensee shall signify acceptance of…

10A ncac 63c .0202 ELIGIBILITY FOR LICENSING (a) The Division shall interview prospective licensees as referred by the vocational rehabilitation program and shall make written recommendations to the Chief of the Business Enterprises Program concerning the potential of the referra…

10A ncac 63c .0203 suspension or termination of LICENSE and REMOVAL FROM business enterprises facility (a) The Division may suspend or terminate the license of an operator, after affording the operator an opportunity to appeal the decision as set forth in Section .0400. (b) Licen…

10A ncac 63c .0204 FILLING OF VACANCIES (a) The Division shall send a notice of vacant facilities to all operators and licensees within the last 10 business days of the month. The notice shall provide a description of the vacancy, who to contact for more information, the address …

10A ncac 63c .0205 CONTRACTUAL AGREEMENT BETWEEN DIVISION AND OPERATOR (a) Each licensee or operator who accepts a Business Enterprises assignment shall enter into an operating agreement with the Division upon initial placement and upon subsequent reassignment. (b) When a permit …

10A NCAC 63C .0206 CONFIDENTIAL INFORMATION All information and records pertaining to participants in the Business Enterprises Program shall be confidential and may not be revealed except in the administration of the program, by the consent of the participant, or as otherwise req…

SECTION .0300 - SPECIAL PROVISIONS 10A NCAC 63C .0301 HEALTH INSURANCE History Note: Authority G.S. 111-27; 20 U.S.C. sec. 107a et seq., as amended; Eff. February 1, 1976; Readopted Eff. November 16, 1977; Amended Eff. April 1, 1990; October 1, 1978; Expired Eff. December 1, 2015…

10A ncac 63c .0302 TEMPORARY CLOSING History Note: Authority G.S. 111-27; 34 C.F.R. 395.4; 20 U.S.C. sec. 107; Eff. February 1, 1976; Readopted Eff. November 16, 1977; Amended Eff. August 1, 2002; April 1, 1990; February 1, 1986; October 1, 1978; Pursuant to G.S. 150B-21.3A, rule…

10A ncac 63c .0303 MOVING EXPENSES History Note: Authority G.S. 111-27; 34 C.F.R. 395.4; 20 U.S.C. sec. 107; Eff. October 1, 1978; Amended Eff. August 1, 2002; Expired Eff. December 1, 2015 pursuant to G.S. 150B-21.3A.

SECTION .0400 - ADMINISTRATIVE APPEAL PROCEDURE 10A ncac 63c .0401 PURPOSE History Note: Authority G.S. 111-27; 143B-157; 34 C.F.R. 395.4; 34 C.F.R. 395.13; 20 U.S.C. sec. 107; Eff. October 1, 1978; Amended Eff. August 1, 2002; May 1, 1996; February 1, 1984; Repealed Eff. October…

10A ncac 63c .0402 POLICY (a) Every operator or licensee or the ECBV has the right to present a problem or appeal free from interference, restraint, coercion, discrimination, or reprisal. This Rule shall be covered fully during orientation procedures for new operators or licensee…