North Carolina Administrative Code

SECTION .0300 - FORMS 10A NCAC 71u .0301 FARMER OR DAY LABORER INCOME VERIFICATION History Note: Authority G.S. 143B-138(b)(5); 7 U.S.C. 2011 to 2026; Eff. February 1, 1976; Readopted Eff. October 31, 1977; Repealed Eff. July 1, 2012.

10A NCAC 71u .0302 HOUSEHOLD APPLICATION An application form shall be completed for each household. The application form is available at the public agencies or an application may be made on the ePass Public Portal of NC FAST. The application shall include the required information…

10A NCAC 71u .0303 AUTHORIZED REPRESENTATIVE (a) The head of household, spouse, or any other member of the household may designate an authorized representative to act on behalf of the household in applying for FNS. The representative shall be ineligible to represent the household…

10A NCAC 71u .0304 TRANSMITTAL OF ATP CARDS History Note: Authority G.S. 143B-138, -153; 7 U.S.C. 2011 to 2026; Eff. February 18, 1977; Readopted Eff. October 31, 1977; Repealed Eff. July 1, 2012.

SECTION .0400 – ELECTRONIC BENEFIT TRANSFER (EBT) CARD 10A ncac 71u .0401 Issuance of funds (a) The State Division of Social Services shall issue FNS payments through Electronic Funds Transfer (EBT). (b) The applicant or recipient shall be informed of the payment option in this R…

10A ncac 71U .0402 FAIR HEARINGS History Note: Authority G.S. 108A-25; 143B-153; 7 U.S.C. 2016 (i)(8); 7 C.F.R. 274.12 (f)(5)(v); Temporary Adoption Eff. August 1, 2000; Eff. April 1, 2001; Repealed Eff. October 1, 2021.

SUBCHAPTER 71v - LOW INCOME ENERGY ASSISTANCE PROGRAM 10A NCAC 71V .0101 FUNDING History Note: Authority G.S. 143B-153; Eff. November 19, 1980; Repealed Eff. July 1, 2012.

10A NCAC 71V .0102 GROUPS COVERED History Note: Authority G.S. 143B-153; Eff. November 19, 1980; Amended Eff. October 19, 1981; Repealed Eff. October 1, 2021.

10A NCAC 71V .0103 ELIGIBILITY REQUIREMENTS A household must meet the following requirements to be eligible for the Low Income Energy Assistance Program: (1) The North Carolina Department of Health and Human Services (DHHS) determines the maximum eligibility requirements in accor…

10A NCAC 71V .0107 overpayments and SUSPECTED FRAUD Instances of overpayments and suspected fraud for households participating in the Low Income Energy Assistance Program shall be governed by the procedures set forth for Correction of Overpayments in 10A NCAC 71W .0604 and Client…

10A NCAC 71V .0108 APPEALS History Note: Authority G.S. 108A-25; 143B-153; Eff. November 19, 1980; Amended Eff. October 1, 1983; October 19, 1981; Repealed Eff. October 1, 2021.

SECTION .0200 – CRISIS INTERVENTION PROGRAM 10A NCAC 71V .0201 ELIGIBILITY REQUIREMENTS A household must meet the following requirements to be eligible for the Crisis Intervention Program: (1) A household shall have income at or below 130 percent of the federal poverty income gui…

10A NCAC 71V .0204 OVERPAYMENTS AND SUSPECTED FRAUD Instances of overpayments or suspected fraud for households participating in the Crisis Intervention Program shall be governed by the procedures set forth for Correction of Overpayments in 10A NCAC 71W .0604 and Client Fraud and…

10A NCAC 71V .0205 APPEALS History Note: Authority G.S. 143B-153; 150B-13; Temporary Regulation Eff. November 24, 1981, for a period of 38 Days to Expire on January 1, 1982; Eff. January 1, 1982; Repealed Eff. October 1, 2021.

SUBCHAPTER 71W – GENERAL PROGRAM ADMINISTRATION SECTION .0100 – GENERAL PROGRAM ADMINISTRATION 10A NCAC 71W .0101 DEFINITIONS The following definitions apply to this Chapter: (1) "Adjusted Payment" means a payment to the recipient to correct a county-responsible underpayment. (2)…

10A NCAC 71W .0102 GENERAL AFDC PROGRAM PROCEDURES History Note: Authority G.S. 143B-153; Eff. February 1, 1984; Recodified from 10 NCAC 49A .0003 Eff. January 1, 1997; Repealed Eff. July 1, 2012.

section .0200 - coverage 10A NCAC 71W .0201 OPTIONAL History Note: Authority G.S. 108A-25; 143B-153; 45 C.F.R. 233.10; Eff. February 1, 1984; Amended Eff. February 1, 1996; June 1, 1990; Repealed Eff. July 1, 2012.

SECTION .0300 - APPLICATION PROCESS 10A NCAC 71W .0301 ACCEPTANCE OF APPLICATION History Note: Authority G.S. 108A-43; 143B-153; 45 C.F.R. 206.10; Eff. February 1, 1984; Amended Eff. February 1, 1986; Repealed Eff. July 1, 2012.

10A NCAC 71W .0302 INITIAL INTERVIEW The applicant shall be allowed to have any person(s) of his or her choice participate in the interview. The applicant shall submit an application on a form provided by the Department ("Work First Cash Assistance Application and Review Document…

10A NCAC 71W .0403 UNITED STATES CITIZENSHIP (a) United States Citizenship requirements as set forth in 45 CFR 233.50 is incorporated by reference, including any subsequent amendments and editions, and may be accessed at www.congress.gov at no charge. (b) Applicants shall declare…

10A NCAC 71W .0404 KINSHIP AND LIVING WITH A SPECIFIED RELATIVE (a) For eligibility determinations based on kinship and living with a specified relative, children under the age of 21 must have one of the following relationships within the household: (1) A parent, including a biol…

10A NCAC 71W .0405 RESIDENCE (a) Clients shall be residents of North Carolina to be eligible to receive assistance. (b) Documentation shall be required to verify the applicant's physical address at the time of initial application and at any change in the recipient or applicant's …

10A NCAC 71W .0406 DEPRIVATION History Note: Authority G.S. 108A-25; 143B-153; 45 C.F.R. 233.90; Eff. February 1, 1984; Amended Eff. May 1, 1994; June 1, 1990; January 1, 1989; August 1, 1988; Repealed Eff. July 1, 2012.

10A NCAC 71W .0407 RESERVE (a) A Work First assistance unit shall be allowed to reserve resources at a maximum of three thousand dollars ($3,000). The assistance unit is ineligible if the reserve level exceeds this maximum. (b) Resources owned by the following budget unit members…

10A NCAC 71W .0408 INCOME (a) The public agency shall consider available earned and unearned income to determine eligibility for and amount of Work First assistance as follows: (1) Parents' incomes, including the incomes of adoptive parents and stepparents, shall be counted unles…

10A NCAC 71W .0409 NEED History Note: Authority G.S. 108A-25; 108A-33; 143B-153; 45 C.F.R. 233; c. 738, 1987 Session Laws; Eff. February 1, 1984; Amended Eff. February 1, 1986; Filed as a Temporary Amendment Eff. January 1, 1988 For a Period of 180 Days to Expire on June 28, 1988…

10A NCAC 71W .0410 PROSPECTIVE BUDGETING AND QUARTERLY REPORTING The public agency shall estimate the amount of monthly income an applicant shall have in the payment month in accordance with this Rule. (1) Income shall be budgeted prospectively for determining eligibility for and…

10A NCAC 71W .0411 STATE WORK REQUIREMENT History Note: Authority G.S. 108A-29; 143B-153; 45 C.F.R. 233.10; 45 C.F.R. 233.20; 45 C.F.R. 250.30; 45 C.F.R. 250.34; Eff. February 1, 1984; Amended Eff. October 1, 1990; July 1, 1990; May 1, 1988; February 1, 1986; Repealed Eff. July 1…

10a NCAC 71W .0412 JOBS PROGRAM (JOBS) History Note: Authority G.S. 143B-153; 45 C.F.R. 250.30; Eff. October 1, 1990; Repealed Eff. October 1, 2021.

10A NCAC 71W .0413 TWO-PARENT FAMILIES History Note: Authority G.S. 108A-25; S.L. 1997-443; P.L. 104-193; Temporary Adoption Eff. March 1, 1998; Eff. April 1, 1999; Repealed Eff. October 1, 2021.

section .0500 - redetermination of eligibility 10A NCAC 71W .0501 CHANGES IN SITUATION History Note: Authority G.S. 143B-153; 45 C.F.R. 206.10; Eff. February 1, 1984; Amended Eff. June 1, 1990; February 1, 1986; Temporary Amendment Eff. July 1, 1996; Amended Eff. April 1, 1997; R…

SECTION .0600 – PAYMENT PROCEDURES 10A NCAC 71W .0601 ISSUANCE of funds (a) Work First payments shall be prorated from the date of application, with the date of the application being day one. Otherwise, payments are made for the full month. Payments, including prorated payments f…

10A NCAC 71W .0604 CORRECTION OF OVERPAYMENTS (a) If the recipient is not entitled to all or part of a payment which has been issued and fraud is not suspected, the county shall take all steps to recover any overpayment. (b) A county may recoup a Work First overpayment from a rec…

10A NCAC 71W .0605 CORRECTION OF UNDERPAYMENTS When a Work First household has been underpaid due to an error by the State, county, participant, or due to any other reason, the underpayment shall be corrected by issuing a supplemental payment in the amount by which the Work First…

10A NCAC 71W .0606 CLIENT FRAUD AND INTENTIONAL PROGRAM VIOLATIONS (a) In order to prevent fraud, county department of social services shall be responsible for fraud prevention as follows: (1) Develop an operational program for fraud prevention, detection, and investigation. Requ…

10A NCAC 71W .0607 DETERMINATION OF PAYMENT AMOUNT History Note: Authority G.S. 143B-153; c. 738, 1987 Session Laws; Temporary Adoption Eff. January 1, 1988 For a Period of 180 Days to Expire on June 28, 1988; Eff. May 1, 1988; Repealed Eff. October 1, 2021.

10A NCAC 71W .0704 Emergency assistance (a) Counties shall use their Work First block grant funds to provide emergency assistance to families. This assistance is designed to assist with families' sporadic emergency needs, such as a utility cut-off or an eviction notice. Emergency…

10A NCAC 71W .0905 DRUG TESTING History Note: Authority G.S. 108A-29.1; 143B-153; Temporary Adoption Eff. November 1, 2014; Temporary Adoption Expired August 14, 2015.

chapter 72 – EDUCATIONAL ASSISTANCE sECTION .0100 - GENERAL 10A NCAC 72 .0101 SCOPE History Note: Authority S.L. 2007-323, s. 10.34; Eff. June 1, 2008; RRC objection August 15, 2019 and rule returned to the agency on September 19, 2019.

10A NCAC 72 .0102 DEFINITIONS The following definitions shall apply in this Chapter: (1) "Academic Year" means a period of time in which a student completes the equivalent of two semesters or three quarters of academic work. (2) "Approved Institution" means one of the branches of…

section .0200 - Student Eligibility for Scholarships, Satisfactory Progress Requirements 10A NCAC 72 .0201 GENERAL RULE Subject to availability of funds a student shall receive a scholarship for an academic year if the approved institution at which the student is enrolled, or adm…

10A NCAC 72 .0202 SATISFACTORY PROGRESS REQUIREMENT Any eligible student who is placed on academic probation may continue to receive a NC Reach scholarship for one additional semester if the approved institution allows the student to continue in matriculated status. If the studen…

10A NCAC 72 .0203 LIMITATION OF AWARD An eligible student shall not receive an NC Reach scholarship for more than a total of four academic years, to include the Spring and Fall terms and summer school. History Note: Authority G.S. 143B-153; S.L. 2018-5; S.L. 2017-57; Eff. June 1,…

section .0300 - Application 10A NCAC 72 .0301 SCHOLARSHIP APPLICATION PROCEDURES (a) Method of Applying for Scholarships. Students shall apply online for NC Reach through www.ncreach.org. The application shall include the applicant's personal information, education history, finan…

CHAPTER 73 – CONTROLLED SUBSTANCES SUBCHAPTER 73A – WORK FIRST SUBSTANCE ABUSE SCREENING AND TESTING sECTION .0100 - GENERAL 10A NCAC 73A .0101 SCOPE and purpose Public Law 104-193, Personal Responsibility and Work Opportunity Reconciliation Act of 1996 prohibits the provision of…

10A NCAC 73A .0102 DEFINITIONS The following definitions apply to this Chapter: (1) "Controlled substance" means as defined in G.S. 90-87(5). (2) "Drug test" means the production and submission of a biochemical assay by an applicant or recipient for chemical analysis to detect il…

10A NCAC 73A .0103 DRUG TESTING The county director shall require a basic five panel drug test for applicants and recipients of Work First Family Assistance where there is a reasonable suspicion the applicant or recipient is engaged in the illegal use of controlled substances. Th…

10A NCAC 73A .0104 DRUG TESTING REQUIREMENTS (a) The Drug Abuse Screening Test (DAST-10) shall be completed by an applicant or recipient as a condition of eligibility for the Work First program. (b) If the applicant or recipient refuses to complete the DAST-10, the applicant or r…

10A NCAC 73A .0105 TECHNIQUES AND METHODS (a) The analysis of drug test specimens shall be conducted by a laboratory licensed by the NC Department of Health and Human Services and certified by the Substance Abuse and Mental Health Services Administration (SAMHSA). Licensed and ce…

10A NCAC 73A .0106 CONFIDENTIALITY (a) A drug test given under this Section shall be confidential and consistent with the HIPAA Privacy Rule appearing in 45 CFR Parts 160, et seq., which is incorporated by reference, including subsequent amendments and editions, and State Law. (b…