North Carolina Administrative Code

10A NCAC 67A .0103 STANDARDS FOR OFFICE SPACE AND FACILITIES This Rule sets forth requirements for office space, equipment, and facilities for county departments of social services, including agency suboffices. These requirements are in addition to State, county, or municipal bui…

10A NCAC 67A .0104 EQUAL PERCENTAGE AND DISTRIBUTION History Note: Authority G.S. 143B-153; Eff. July 1, 1976; Readopted Eff. October 31, 1977; Amended Eff. May 1, 1990; Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

10A NCAC 67A .0105 ADMINISTRATION AND AGENCY COMPLIANCE (a) The Regional Director or his or her designated representative shall evaluate each county department of social services not less than every three years, to determine compliance with Rule .0103 of this Subchapter using for…

10A NCAC 67A .0106 CIVIL RIGHTS For reviewing compliance of county departments of social services with civil rights requirements in accordance with Title VI of the Civil Rights Act of 1964, form DSS-1464a shall be supplied to county departments of social services to be completed …

10A NCAC 67A .0107 FORMS (a) In order to comply with federal and State reimbursements, each county department of social services shall complete forms set forth in this Rule. (b) Form DSS-4263 shall be completed by the county services workers when time is spent providing direct se…

10A NCAC 67A .0108 ADVISORY TO COUNTIES REGARDING PETITION OF GARNISHMENT The State Division of Social Services shall advise county departments of social services and consolidated human services boards of any State and federal laws and regulations that restrict the garnishment of…

10A NCAC 67A .0109 STATE PUBLIC ASSISTANCE EQUALIZING FUND History Note: Authority G.S. 108A-92; 143B-153; Eff. March 16, 1976; Readopted Eff. October 31, 1977; Amended Eff. July 1, 1991; March 1, 1990; July 1, 1980; February 15, 1979; Repealed Eff. July 1, 2012.

SECTION .0200 - HEARING POLICY 10A NCAC 67A .0201 GENERAL History Note: Authority G.S. 143B-153; Eff. October 1, 1981; Amended Eff. January 1, 1983; RRC objection August 15, 2019 and rule returned to the agency on September 19, 2019.

10A NCAC 67A .0202 EXCEPTIONS FOR NOTIFICATION History Note: Authority G.S. 108A-25; 143B-153; 45 C.F.R. 205.10; Eff. October 1, 1981; Amended Eff. November 1, 2007; RRC objection August 15, 2019 and rule returned to the agency on September 19, 2019.

10A NCAC 67A .0203 GOOD CAUSE FOR DELAYED HEARINGS (a) A local appeal hearing under G.S. 108A-79 shall be delayed as provided in G.S. 108A-79(e) for good cause. (b) A State appeal hearing under G.S. 108A-79 shall be delayed when there is good cause. The postponement shall not exc…

10A NCAC 67A .0204 ATTENDANCE AT THE Local or state HEARING Attendance at the local or State hearing is limited to the appellant, his or her representative, representatives of the county department and any witnesses that the appellant or the county department wish to call upon fo…

10A NCAC 67A .0205 APPEAL of DECISION (a) The hearing officer shall make a tentative decision on the appeal that shall be served upon the county department, the appellant, and the representatives by mail. Decisions reversing the county department's action shall be sent by certifi…

10A NCAC 67A .0206 GOOD CAUSE FOR NOT REQUESTING HEARING AND REQUIRED TIME FRAMES (a) Except in the Supplemental Nutrition Assistance Program, an appellant shall request a local hearing within 60 days from the date of action unless he or she shows good cause. If the appellant sho…

section .0300 – regional social services departments 10A NCAC 67A .0301 REGIONAL DEPARTMENTS OF SOCIAL SERVICES FINANCIAL OBLIGATIONS OF COUNTIES Counties creating or joining a regional social services department pursuant to G.S. 108A-15.7, shall enter into a written agreement th…

subchapter 67B – contract Services section .0100 – identifying information 10A NCAC 67B .0101 PURCHASE OF SERVICE CONTRACTS Services may be purchased through the following instruments: (1) Purchase contracts will be employed when reimbursement for the services purchased will be b…

10A NCAC 67B .0102 CONTRACT NEGOTIATIONS AND MANAGEMENT (a) Purchase contracts and vendor agreements shall be negotiated and managed by the Division of Social Services when the purchased services will be delivered on a statewide basis. (b) Purchase contracts and vendor agreements…

CHAPTER 68 - SOCIAL SERVICES: RULEMAKING SECTION .0100 – rulemaking: social Services COMMISSION 10A NCAC 68 .0101 PETITIONS (a) Any person wishing to request the adoption, amendment, or repeal of a rule of the Social Services Commission (hereinafter referred to as the commission)…

10A NCAC 68 .0102 NOTICE (a) Any person or agency desiring to be placed on the physical mailing list in accordance with G.S. 150B-21.2(d) for Commission rulemaking notices must file a request in writing, furnishing his, her or its name and mailing address to: Director Division of…

10A NCAC 68 .0103 HEARING OFFICER History Note: Authority G.S. 143B-153; 150B-12; Eff. February 1, 1976; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1990; RRC objection August 15, 2019 and rule returned to the agency on September 19, 2019.

10A NCAC 68 .0104 HEARINGS History Note: Authority G.S. 143B-153; 150B-12; Eff. February 1, 1976; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1990; RRC objection August 15, 2019 and rule returned to the agency on September 19, 2019.

10A NCAC 68 .0105 STATEMENT OF REASONS FOR AND AGAINST RULEMAKING DECISION History Note: Authority G.S. 143B-153; 150B-12; Eff. February 1, 1976; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1990; RRC objection August 15, 2019 and rule returned to the agency on Septembe…

10A NCAC 68 .0106 RECORD OF RULEMAKING PROCEEDINGS History Note: Authority G.S. 143B-153; 150B-11; Eff. February 1, 1976; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1990; RRC objection August 15, 2019 and rule returned to the agency on September 19, 2019.

10a NCAC 68 .0107 FEES Any person requesting printed material from Commission rulemaking records shall be charged a fee for the actual cost of making copies in accordance with G.S. 132-6.2. No fee shall be charged if the person requesting Commission rulemaking records agrees to r…

10A NCAC 68 .0108 DECLARATORY RULINGS (a) All requests for declaratory rulings shall be by written petition as described in Paragraph (b) of this Rule and shall be submitted to: Director Division of Social Services Department of Health and Human Services 2401 Mail Service Center …

SECTION .0200 - RULEMAKING: DIVISION DIRECTOR 10A NCAC 68 .0201 PETITIONS History Note: Authority G.S. 143B-10; 150B-16; Eff. July 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1990; Repealed Eff. July 1, 2012.

10A NCAC 68 .0202 NOTICE History Note: Authority G.S. 143B-10; 150B-12; Eff. July 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1990; RRC objection August 15, 2019 and rule returned to the agency on September 19, 2019.

10A NCAC 68 .0203 HEARING OFFICER History Note: Authority G.S. 143B-10; 150B-12; Eff. July 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1990; RRC objection August 15, 2019 and rule returned to the agency on September 19, 2019.

10A NCAC 68 .0204 HEARINGS History Note: Authority G.S. 143B-10; 150B-12; Eff. July 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1990; RRC objection August 15, 2019 and rule returned to the agency on September 19, 2019.

10A NCAC 68 .0205 JUSTIFICATION OF RULEMAKING DECISION History Note: Authority G.S. 143B-10; 150B-12(e); Eff. July 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1990; RRC objection August 15, 2019 and rule returned to the agency on September 19, 2019.

10A NCAC 68 .0206 RECORD OF RULEMAKING PROCEEDINGS History Note: Authority G.S. 143B-10; 150B-11; Eff. July 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1990; RRC objection August 15, 2019 and rule returned to the agency on September 19, 2019.

10A NCAC 68 .0207 FEES History Note: Authority G.S. 143B-10; 150B-11; Eff. July 1, 1977; Readopted Eff. October 31, 1977; Repealed Eff. July 1, 2012.

10A NCAC 68 .0208 DECLARATORY RULINGS History Note: Authority G.S. 143B-10; 150B-17; Eff. July 1, 1977; Readopted Eff. October 31, 1977; RRC objection August 15, 2019 and rule returned to the agency on September 19, 2019.

section .0300 – boards of social services 10A NCAC 68 .0301 EMPLOYMENT OF RELATIVES OF COUNTY BOARD MEMBERS History Note: Authority G.S. 108A-1 et seq.; 143B-153; Eff. February 1, 1976; Readopted Eff. October 31, 1977; Amended Eff. March 1, 1990; RRC objection August 15, 2019 and…

10A NCAC 68 .0302 SELECTION OF COUNTY BOARD MEMBERS BY SOCIAL SERVICES COMM The Commission shall appoint members of the county board of social services in accordance with G.S. 108A-3 through G.S. 108A-6. If a seat of a county board of social services member becomes vacant because…

10A NCAC 68 .0303 DELEGATION OF AUTHORITY BY COUNTY BOARDS A county board of social services may delegate to the director of the county department of social services the responsibility, with respect to financial responsibility and suspected fraud, to accomplish the requirements o…

chapter 69 – confidentiality and accesS to client records section .0100 – general provisions 10A NCAC 69 .0101 DEFINITIONS As used in this Chapter, the following definitions shall apply: (1) "Client" means any applicant for, or recipient of, public assistance or services, or some…

10A NCAC 69 .0102 INFORMATION FROM OTHER AGENCIES If the agency receives information from another entity or individual, then the information shall be treated as client information and disclosure thereof shall be governed by the rules of this Chapter. History Note: Authority G.S. …

section .0200 – safeguarding client information 10A NCAC 69 .0201 CONFLICT OF LAWS Whenever there is inconsistency between federal regulations or state statutes addressing confidentiality issues, the agency shall abide by the federal regulation or state statute which provides mor…

10A NCAC 69 .0202 OWNERSHIP OF RECORDS (a) All client information is the property of the agency, and employees of the agency shall keep this information confidential, except as provided by the rules of this Chapter. (b) Original client records shall not be removed from the premis…

10A NCAC 69 .0203 SECURITY OF RECORDS (a) The agency shall provide a secure place for the storage of client records. Only individuals who must access client information in order to carry out duties assigned or approved by the agency shall be authorized access to the storage area.…

10A NCAC 69 .0204 ASSURANCE OF CONFIDENTIALITY History Note: Authority G.S. 108A-80; 143B-153; Eff. October 1, 1981; Repealed Eff. September 1, 2019.

10A NCAC 69 .0205 LIABILITY OF PERSONS WITH ACCESS TO CLIENT INFORMATION (a) Individuals employed by the agency and governed by the State Personnel Act are subject to suspension, dismissal, or disciplinary action for failure to comply with these Rules. (b) Individuals other than …

SECTION .0300 - CLIENT ACCESS TO RECORDS 10A NCAC 69 .0301 RIGHT OF ACCESS (a) Confidentiality of information about himself or herself is the right of the client. Upon written or verbal request, the client shall be able to review or obtain without charge a copy of the information…

10A NCAC 69 .0302 PROMPT RESPONSE TO REQUEST History Note: Authority G.S. 108A-80; 143B-153; Eff. October 1, 1981; Repealed Eff. September 1, 2019.

10A NCAC 69 .0303 WITHHOLDING INFORMATION FROM THE CLIENT (a) When the director or a delegated representative determines on the basis of the exceptions in Rule .0301 of this Subchapter to withhold information from the client record, this reason shall be documented in the client r…

10A NCAC 69 .0304 PROCEDURES FOR REVIEW OF RECORDS (a) The director or his or her delegated representative shall be present when the client reviews the record. The director or his or her delegated representative must document in the client record the review of the record by the c…

SECTION .0400 - RELEASE OF CLIENT INFORMATION 10A NCAC 69 .0401 PROCEDURE FOR OBTAINING CONSENT FOR RELEASE OF INFORMATION (a) As a part of the application process for public assistance or services, the client shall be informed of the need for and give consent to the release of i…

SECTION .0500 - DISCLOSURE OF CLIENT INFORMATION WITHOUT CLIENT CONSENT 10A NCAC 69 .0501 DISCLOSURE WITHIN THE AGENCY (a) Client information from the public assistance record may be disclosed without the consent of the client under the following circumstances: (1) to other emplo…

10A NCAC 69 .0502 DISCLOSURE FOR THE PURPOSE OF RESEARCH Client information may be disclosed without client consent to individuals approved by the Department of Health and Human Services to conduct studies of client records. The request to conduct a study shall be in writing and …

10A NCAC 69 .0503 DISCLOSURE FOR PURPOSES OF ACCOUNTABILITY Client information may be disclosed without the consent of the client to federal, State, or county employees for the purpose of monitoring, auditing, evaluating, or to facilitate the administration of other State and fed…