North Carolina Administrative Code

SECTION .0300 - DEPARTMENTAL PERSONNEL PROCEDURES 01 NCAC 01A .0301 DEPARTMENTAL PERSONNEL OFFICE The departmental personnel office is located in the Administration Building, 116 West Jones Street, Raleigh, North Carolina 27603. The administrative head of this office is the depar…

01 NCAC 01A .0302 RESPONSIBILITIES All applications for employment and resumes shall be directed to the departmental personnel office. History Note: Authority G.S. 143B-10; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Pursuant to G.S. 150B-21.3A, rule is necessary wit…

01 NCAC 01A .0305 EMPLOYEE GRIEVANCE PROCEDURE History Note: Authority G.S. 143B-10; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. July 1, 1987.

01 NCAC 01B .0107 SCOPE OF RULES These rules establish basic minimum procedures for the adoption, amendment or repeal of administrative rules and shall apply to all elements of the Department of Administration unless specifically provided otherwise. History Note: Authority G.S. 1…

01 NCAC 01B .0108 ORGANIZATION OF CHAPTER History Note: Authority G.S. 143B-10; 150B-12; 150B-14; 150B-17; Eff. July 1, 1987; Repealed Eff. August 1, 1988.

01 NCAC 01B .0207 SUBMITTING THE PETITION Any person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Department of Administration or any of its elements shall address a petition to: Secretary, Department of Administration, 116 West Jones…

01 NCAC 01B .0208 CONTENTS OF PETITION The petition should include the following information: (1) an indication of the subject area to which the petition is directed; for example, "This is a petition to hold a rulemaking hearing to amend rule .000 pertaining to Administrative Pro…

01 NCAC 01B .0209 DISPOSITION OF PETITIONS (a) The Secretary of Administration or the Secretary's designee will determine whether the public interest will be served by granting the request. Prior to making this determination, the Secretary or the Secretary's designee may request …

01 NCAC 01B .0210 RECOURSE TO DENIAL OF THE PETITION If the Secretary denies the petition for rulemaking, the petitioner(s) may seek judicial review of the denial to determine whether the Department abused its discretion. This action will require the petitioner to file a civil su…

01 NCAC 01B .0306 TIMING OF NOTICE Upon a determination to hold a rulemaking proceeding, either in response to a petition or otherwise, the Secretary shall give at least 30 days notice to all interested persons of a public hearing on the proposed rule. History Note: Authority G.S…

01 NCAC 01B .0307 MANNER OF NOTICE-NORTH CAROLINA REGISTER History Note: Authority G.S. 150B-12; Eff. July 11, 1987; Repealed Eff. August 1, 1988.

01 NCAC 01B .0308 ADDITIONAL INFORMATION Persons desiring information in addition to that provided in an individual rulemaking notice may contact: Secretary, Department of Administration, Raleigh, North Carolina 27611. The envelope containing the request should clearly bear the n…

01 NCAC 01B .0404 WHO SHALL HEAR CONTESTED CASES History Note: Authority G.S. 150B-32; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. March 1, 1988.

01 NCAC 01B .0405 HEARING LOCATION Unless otherwise stated in a particular rule-making notice, the Department of Administration rule-making hearings will be held at the Administration Building, 116 West Jones Street, Raleigh, North Carolina 27611. History Note: Authority G.S. 150…

01 NCAC 01B .0406 REQUEST TO PARTICIPATE IN HEARINGS (a) Any person desiring to present oral data, views, or arguments on a proposed rule should file a request to participate with the Secretary in such a manner that the request will be received by the agency head at least one day…

01 NCAC 01B .0407 AGENCY RESPONSE TO THE REQUEST TO PARTICIPATE Upon receipt of a request to participate in a rule-making hearing, the Secretary or the official presiding over the hearing will acknowledge receipt of the request and inform the person of any limitations on oral pre…

01 NCAC 01B .0408 PRESENTATION OF ORAL COMMENT (a) The hearing officer shall create an agenda of members of the public who have requested participation in the rule-making hearing. (b) If time allows, the hearing officer shall permit limited comment by attending members of the pub…

01 NCAC 01B .0409 PRESIDING OFFICER: POWERS AND DUTIES The presiding officer at the hearing shall have complete control of the proceedings including: extension of any time requirements, recognition of speakers, time allotments for presentations, the right to question speakers, di…

01 NCAC 01B .0505 FILING WRITTEN COMMENTS ON PROPOSED RULES (a) Any persons may file a written submission containing data, comments, or arguments for or against a rule, after publication of a rulemaking notice by the Departments. Written comments must be received by the Secretary…

01 NCAC 01B .0506 STATEMENT OF REASONS FOR DECISION (a) Any interested person desiring a concise statement of the principal reasons for and against the adoption of a rule by the Secretary of Administration and the factors that led to overruling the considerations urged against it…

SECTION .0600 - DECLARATORY RULINGS 01 NCAC 01B .0601 SUBJECTS OF DECLARATORY RULINGS (a) Any person substantially affected by a statute or rule administered by the Department of Administration may request a declaratory ruling as to the validity of an agency rule or as to either …

01 NCAC 01B .0602 SUBMISSION OF REQUEST FOR DECLARATORY RULING All requests for declaratory rulings shall be written and mailed to the Secretary of Administration, 116 West Jones Street, Raleigh, North Carolina 27611. The container of the request should bear the notation: REQUEST…

01 NCAC 01B .0603 DISPOSITION OF REQUESTS (a) When the Secretary of Administration or the Secretary's designee deems it appropriate to issue a declaratory ruling, the Secretary shall issue such declaratory ruling within 60 days of the receipt of the REQUEST FOR DECLARATORY RULING…

01 NCAC 01B .0604 RECORD OF DECISION A record of all declaratory rulemaking proceedings will be maintained in the office of the Secretary for as long as the ruling is in effect. This record will contain: the petition, the notice, all written submissions filed in the request, whet…

01 NCAC 01B .0605 DEFINITION For purposes of Rule .0604 of this Subchapter, a declaratory ruling shall be deemed to be "in effect": until the statute or rule interpreted by the declaratory ruling is amended, altered or repealed; until the Secretary of the Department of Administra…

SECTION .0700 - ADMINISTRATIVE HEARING PROCEDURES 01 NCAC 01B .0701 HEARING PROCEDURES History Note: Authority G.S. 150B-14(c); Eff. July 1, 1987; Amended Eff. August 1, 1988; Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 01B .0702 ADMINISTRATIVE LAW JUDGE: RECOMMENDED DECISION History Note: Authority G.S. 150B-34; 150B-36; Eff. November 1, 1988; Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

SUBCHAPTER 01C - USE OF PUBLIC BUILDINGS AND GROUNDS 01 NCAC 01C .0101 DEFINITIONS As used in this Subchapter, public buildings and grounds means all buildings and grounds owned or maintained by the state in the City of Raleigh but does not mean any building or grounds which a st…

01 NCAC 01C .0102 WRITTEN REQUEST Any individual, organization, corporation, association, society, fraternity, club, order or group of whatever kind or nature desiring the use of any public building or grounds as the location for a rally, demonstration, march, public speech, publ…

01 NCAC 01C .0103 CONTENT OF REQUEST The written request shall state the name of the individual, organization, corporation, association, society, fraternity, club, order or group of whatever kind or nature seeking permission to use the said public building(s) and/or grounds and s…

01 NCAC 01C .0104 IDENTIFICATION OF USE The written request shall clearly identify the use to which the public building(s) or grounds shall be put and shall clearly state the day and hour for which the use is requested. History Note: Authority G.S. 143-336; 143-345.1; 143-345.2; …

01 NCAC 01C .0105 TIME OF USE The request shall clearly state the period of time for which the use is requested, the names and number of persons expected to participate actively in the event and the number of persons expected to be in attendance. History Note: Authority G.S. 143-…

01 NCAC 01C .0106 APPROVAL BY SECRETARY In the event that the Secretary of the Department of Administration shall conclude that the requested use of the public building or grounds shall not hinder or impede any regularly established use of the buildings and grounds and shall not …

01 NCAC 03A .0103 DEFINITIONS History Note: Authority G.S. 143-341(8); Eff. February 27, 1979; Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

SECTION .0200 - PENALTIES 01 NCAC 04A .0201 IMPOUNDMENT AND REMOVAL (a) Any vehicle parked in violation of G.S. 143-340 or these rules shall be subject to impoundment and removal to a place of storage operated by a privately-owned garage or towing service, at the expense of the o…

01 NCAC 04A .0202 STATE LAWS AND CITY TRAFFIC ORDINANCES All state traffic laws and traffic ordinances of the City of Raleigh apply to the operation of a motor vehicle in state government parking lots. History Note: Authority G.S. 143-340(18),(19); Eff. February 1, 1976; Readopte…

SECTION .0700 - DEFINITIONS 01 NCAC 04A .0701 STATE PARKING COORDINATOR The State Parking Coordinator is the person in state government who is responsible for supervising the daily operations of the state-owned visitor parking lots. History Note: Authority G.S. 143-340(18),(19); …

01 NCAC 04A .0702 SERVICE PERSONNEL Service personnel means any person who is an employee of the State of North Carolina and whose duties include repair, maintenance or installation of equipment necessary for the continued operation of state buildings or offices or any person who…

01 NCAC 04A .0703 HONOREES AND APPOINTEES A honoree or appointee is any person who is to be specially recognized by the Governor of North Carolina with a mark, token, plaque or gesture of respect or distinction and requests the use of the state-owned parking lot immediately befor…

01 NCAC 04A .0704 VOLUNTEERS A volunteer is an individual(s) who performs services for the State of North Carolina without remuneration and of his or her free will. History Note: Authority G.S. 143-340(18),(19); Eff. January 1, 1988; Pursuant to G.S. 150B-21.3A, rule is necessary…

SECTION .0800 - STATE-OWNED VISITOR PARKING LOTS ADMITTANCE PROCEDURES 01 NCAC 04A .0801 LOCATION AND HOURS OF OPERATION History Note: Authority G.S. 143-340(18),(19); Eff. January 1, 1988; Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 04A .0802 REASONABLE FEE CHARGE (a) Visitors seeking entrance to the Visitor Parking locations will be charged a reasonable fee. (b) Persons determined by the State Parking Coordinator to be performing a benefit or service to the State of North Carolina are exempt from pa…

01 NCAC 04A .0803 RESERVATION OF PARKING SPACES BY THE PUBLIC History Note: Authority G.S. 143-340(18),(19); Eff. January 1, 1988; Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 04A .0804 OFFICIAL PARKING SPACES A specific number of parking spaces located in Visitor Parking are reserved for official use only. The Governor of the State of North Carolina or the Governor's designee has discretion in prescribing proper procedure for use of the reserv…

01 NCAC 04A .0805 INFORMATION VERIFICATION History Note: Authority G.S. 143-340(18),(19); Eff. January 1, 1988; Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 04A .0806 UNAUTHORIZED VEHICLES Buses will be refused entrance to the facilities. History Note: Authority G.S. 143-340(18),(19); Eff. January 1, 1988; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

SECTION .0900 - PARKING VIOLATIONS 01 NCAC 04A .0901 ENFORCEMENT OF RULES (a) The State Parking Coordinator shall notify the state government security of parking violations occurring in Visitor Parking locations. (b) Enforcement of these rules shall be the responsibility of state…

01 NCAC 04C .0512 REPLACEMENT OF VEHICLES History Note: Authority G.S. 143-341(8); Eff. February 1, 1976; Readopted Eff. February 27, 1979; Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

01 NCAC 04C .0513 SALE OF VEHICLES History Note: Authority G.S. 143-341(8); Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. June 1, 1986.

SECTION .0200 - FUNCTIONS 01 NCAC 04H .0201 ARRESTS History Note: Authority G.S. 143-340(21),(22); Eff. February 1, 1976; Readopted Eff. February 27, 1979; Transferred from T01.03C Eff. November 25, 1986; Recodified to 14B NCAC 13 .0201 Eff. June 1, 2013 pursuant to S.L. 2009-451…