AGENDA

RULES REVIEW COMMISSION

Thursday, December 19, 2013 10:00 A.M. 

1711 New Hope Church Rd., Raleigh, NC 27609

I. Ethics reminder by the chair as set out in G.S. 138A-15(e)

II. Approval of the minutes from the last meeting

III. Review of Log of Filings (Permanent Rules) for rules filed between October 22, 

2013 and November 20, 2013

IV. Review of Log of Filings (Temporary Rules) for any rule filed within 15 business 

days of the RRC Meeting

V. G.S. 150B-19.1 Certification

A. Board of Agriculture – 02 NCAC 20B .0104 (Hammond)

B. Board of Agriculture – 02 NCAC 37 .0202 (Hammond)

C. Private Protective Services Board – 12 NCAC 07D .0901 (Hammond)

D. Criminal Justice Education and Training Standards Commission – 12 

NCAC 09A .0108 (Hammond)

E. Criminal Justice Education and Training Standards Commission – 12 

NCAC 09B .0311 (Hammond)

F. Criminal Justice Education and Training Standards Commission – 12 

NCAC 09C .0217 (Hammond)

G. Criminal Justice Education and Training Standards Commission – 12 

NCAC 09C .0218, .0220 (Hammond)

H. Criminal Justice Education and Training Standards Commission – 12 

NCAC 09F .0102 (Hammond)

VI. Commission Business

• Next meeting: January 16, 2014 

NC I/M Rule Revisions - Additional Documentation Page 1 of 42










REQUEST FOR TECHNICAL CHANGE

AGENCY: Environmental Management Commission 

RULE CITATION: 15A NCAC 02D .1002 

DEADLINE FOR RECEIPT: Friday, December 13, 2013 

NOTE WELL: This request when viewed on computer extends several pages. Please be sure you 

have reached the end of the document. 

The Rules Review Commission staff has completed its review of this rule prior to the 

Commission's next meeting. The Commission has not yet reviewed this rule and therefore there 

has not been a determination as to whether the rule will be approved. You may call this office to 

inquire concerning the staff recommendation. 

In reviewing these rules, the staff determined that the following technical changes need to be 

made: 

My understanding of the idea behind this amendment is as follows: right now, only the 

current model year vehicle is exempt from emissions inspection where such inspection is 

required by G.S. 143-215.107A. Under the new provisions of G.S. 20-183.2, as 

amended by S.L. 2012-199, the intent is to allow the three most recent model year 

vehicles with less than 70,000 miles to become exempt as well. However, in order for 

that change to take effect, the state rules must be in place, the Commissioner of the 

DMV must certify replacement of a system and the EPA must approve the change. Is 

that correct? 

Therefore, the language in Paragraph (c) cannot take effect at this time. How will the 

regulated public know when that can take effect? Also, do you need the language 

“Beginning January 1, 2014 or” since the change should not take effect by that date? Or 

do you need to retain it for federal approval? 

Is the language in this Rule governing only the Rule or the Section of Rules (15A NCAC 

Section .1000 is “Motor Vehicle Emission Control Standard.”) My reading of this Rule is 

that the Section is applicable to some vehicles and not others and in some places. I 

think the other rules in the Section govern the actual emissions testing, so I think many 

places where you use “Rule” you mean “Section.” 

I think the language in this Rule should be simplified. For instance, there is no reason to 

repeat that motorcycles and the current model year are exempt in Paragraphs (a) and 

then (d) and (b) respectively. Why not merge the first two sentences of (a) with part of 

(b) and begin the Rule: 

(a) This Section is applicable to all gasoline-powered and hybrid-powered motor 

vehicles for model years 1996 or more recent model years, excluding the current 

model year, and applies to all vehicles that are: 

In Subparagraphs (a)(1) through (3), you are citing part of G.S. 20-183.2(b)(5). Why do 

you not include the other categories in the statute? 

Amanda J. Reeder 

Commission Counsel 

NC I/M Rule Revisions - Additional Documentation Page 12 of 42
On line 23, do not underline and strike through the same language. Please remove the 

underline and place brackets around “As of” 

On line 26, state, “this Rule shall apply” 

In (e), state “of this Section shall become effective...” 

In the History Note, put the statutes in numerical order. 

Please retype the rule accordingly and resubmit it to our office at 1711 New Hope Church Road, 

Raleigh, North Carolina 27609. 

Of course, this will also require conforming changes to the attached copies of the rule. Please 

check to see that this paperwork is in order and is returned along with the revised rule.

 

Amanda J. Reeder 

Commission Counsel 

NC I/M Rule Revisions - Additional Documentation Page 13 of 42
REQUEST FOR TECHNICAL CHANGE

AGENCY: Environmental Management Commission 

RULE CITATION: 15A NCAC 02D .1003 

DEADLINE FOR RECEIPT: Friday, December 13, 2013 

The Rules Review Commission staff has completed its review of this rule prior to the 

Commission's next meeting. The Commission has not yet reviewed this rule and therefore there 

has not been a determination as to whether the rule will be approved. You may call this office to 

inquire concerning the staff recommendation. 

In reviewing these rules, the staff determined that the following technical changes need to be 

made: 

Do you really intend for this rule to apply to only 5 rules, and not the entire section, 

including Rules .1008 and .1010? I don’t think that you do, but if you do, strike 

“throughout this Section:” on line 5. 

On line 8, please switch the order of the wording so it reads, “Gross Vehicle Weight 

Rating (GVWR).” It makes more sense to introduce the phrase and then the acronym. 

On Page 1, line 11, change “which” to “that” 

 

Items (3) and (4) repeat the statutory definition. Since Items (7) and (8) just refer to the 

statute, why aren’t you doing that here? 

If you are keeping the language in (4), please delete the language in lines 26-27 “as 

defined in subdivision d1 of this subsection” 

In Item 6, should the term read, “Hybrid-powered motor vehicle”? 

In Items (7) and (8), insert “means” so it reads consistently with the rest of the 

definitions. 

You are not defining “current model year,” but you use it in Rules in the Section. Are you 

at all concerned there may be confusion about this term? 

In Item (11), change the citation on line 10 to “Rule .1005 of this Section.” 

In the History Note, just state 20-4.01 and put the citations in numerical order. 

Please retype the rule accordingly and resubmit it to our office at 1711 New Hope Church Road, 

Raleigh, North Carolina 27609. 

Of course, this will also require conforming changes to the attached copies of the rule. Please 

check to see that this paperwork is in order and is returned along with the revised rule.

Amanda J. Reeder 

Commission Counsel 

NC I/M Rule Revisions - Additional Documentation Page 14 of 42
REQUEST FOR TECHNICAL CHANGE

AGENCY: Environmental Management Commission 

RULE CITATION: 15A NCAC 02D .1005 

DEADLINE FOR RECEIPT: Friday, December 13, 2013 

The Rules Review Commission staff has completed its review of this rule prior to the 

Commission's next meeting. The Commission has not yet reviewed this rule and therefore there 

has not been a determination as to whether the rule will be approved. You may call this office to 

inquire concerning the staff recommendation. 

In reviewing these rules, the staff determined that the following technical changes need to be 

made: 

I do not think you need to recite the contents of Rule .1002 in Paragraph (a). Just state, 

“This Rule shall apply to all vehicles set forth in Rule .1002 of this Section.” 

Throughout the Rule, do you mean to incorporate the CFR citations by reference under 

G.S. 150B-21.6? Do you want to include subsequent updates or just keep them as they 

are now? 

In Paragraph (c), line 13, you state the codes are in 40 CFR 85.2223(b). However, that 

portion of the CFR does not have any codes; it is reserved. Insert the correct citation. 

Also in (c), line 13, I take it your regulated public knows what the “status of the 

malfunction indicator light illumination command” means? 

In your History Note, I don’t think you need to retain the reference to S.L. 1999 c. 328, s. 

3.2, which told the EMC to conduct rulemaking to implement G.S. 143-215.107A. 

Please retype the rule accordingly and resubmit it to our office at 1711 New Hope Church Road, 

Raleigh, North Carolina 27609. 

Of course, this will also require conforming changes to the attached copies of the rule. Please 

check to see that this paperwork is in order and is returned along with the revised rule.

 

Amanda J. Reeder 

Commission Counsel 

NC I/M Rule Revisions - Additional Documentation Page 15 of 42
REQUEST FOR TECHNICAL CHANGE

AGENCY: Environmental Management Commission 

RULE CITATION: 15A NCAC 02D .1006 

DEADLINE FOR RECEIPT: Friday, December 13, 2013 

The Rules Review Commission staff has completed its review of this rule prior to the 

Commission's next meeting. The Commission has not yet reviewed this rule and therefore there 

has not been a determination as to whether the rule will be approved. You may call this office to 

inquire concerning the staff recommendation. 

In reviewing these rules, the staff determined that the following technical changes need to be 

made: 

In proposed Paragraph (a), the equipment must meet the requirements of 40 CFR 

85.2231. However, (b) and (c) govern if the equipment doesn’t meet the requirement. 

What is the penalty for failing to meet the requirement of (a)? Or are (b) and (c) 

intended to convey that if the equipment stops meeting the requirements of the CFR, the 

vendor must take the following steps? 

In proposed Paragraphs (b) and (c), the EMC proposed repealing a lot of language and 

decided to not do that. Why is that? 

Paragraph (b) is called “Hardware repair and software repair.” Paragraph (c) is called 

“Software repair revisions.” What is the difference? From my reading of (b), it seems 

that this Paragraph governs equipment software and (c) is for analyzing software. Are 

those different? I think you should make it clearer in (b) what you are referring to in the 

opening title. 

On Page 1, lines 13 and 25, do you mean “receiving a call from its respective service 

call center"? 

I think the language on lines 15-17 be its own subparagraph, so you’d have 3 

subparagraphs under (b). 

Also, all of (b)(1) and (2) were proposed for repeal when published. Please highlight the 

changes for all of the language. 

On line 13, underline “(a)” 

On line 24, I believe you mean to change the reference from Paragraph “(b)” to “(a)” 

As I understand (c), if the program running the software fails, the vendor must submit it 

to the Division for approval (finding the program meets the requirement of this Rule)? 

And once approved, it must send the new program to all impacted stations? And that is 

why (c) requires notifying the Division but (b) does not? 

On Page 1, line 28, state “action; and” 

Amanda J. Reeder 

Commission Counsel 

NC I/M Rule Revisions - Additional Documentation Page 16 of 42
On Page 2, move (3) to the left margin so it’s just a continuation of the Paragraph and 

not a Subparagraph. 

On Page 2, line 3, do you mean to change the reference to Paragraph (a)? 

Page 2, line 4, this language was initially Paragraph (e). Please make sure you show 

the deletion of that. 

Please retype the rule accordingly and resubmit it to our office at 1711 New Hope Church Road, 

Raleigh, North Carolina 27609. 

Of course, this will also require conforming changes to the attached copies of the rule. Please 

check to see that this paperwork is in order and is returned along with the revised rule.

 

Amanda J. Reeder 

Commission Counsel 

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NORTH CAROLINA 

ENVIRONMENTAL MANAGEMENT COMMISSION 

512 N. Salisbury Street 

Archdale Building - Ground Floor Hearing Room 

Raleigh, North Carolina 

January 9, 2014 

9:00 a.m. 

General Statute § 138A-15 mandates that the Chairman inquire as to whether any member knows 

of any known conflict of interest or appearance of conflict with respect to matters before the 

Commission. If any member knows of a conflict of interest or appearance of a conflict, please so 

state at this time. 

Benne C. Hutson, Chairman, Presiding 

I. Preliminary Matters 

1. Call to Order 

2. Swearing-In Ceremony 

3. Approval of minutes from November 12, 2013 Commission Meeting 

II. Action Items 

1. 14-01 Request for Approval of Correction to Inspection/Maintenance p 1

(IM) Rules Revision

 (DAQ) Steve Schliesser

 Attachment A – Rule 02D 1003 pp A1-2 

2. 14-02 Request to Proceed to Public Hearing with the Proposed pp 1-2

Reclassification of a Segment of the Green River (including 

Lake Adger) in Polk County to Class WS-IV 

(DWR) Elizabeth Kountis

 Attachment A – Lake Adger Proposed WS – Memo p A1 

 Attachment B – Lake Adger Proposed WS – 6 2013 Map p B1 

 Attachment C – Lake Adger Proposed WS – OSBM pp C-8 

Approved Fiscal Note 

 POWERPOINT PRESENTATION 

 

1 

NC I/M Rule Revisions - Additional Documentation Page 26 of 42
3. 14-03 Request Approval of Delegation of the Neuse Buffer p 1

Program to Johnston County and Delegation of Further 

Approval Authority for Previously Delegated Local 

Governments in the Neuse and Tar-Pamlico Basins to the 

Director 

(DWR) Jennifer Burdette 

 Attachment A – Johnston County Delegation Request pp A1-2 

 Attachment B – Johnston County Delegation Ordinance pp B1-26 

 Attachment C – Johnston County Delegation Summary p C1 

 Attachment D – Neuse Tar-Pamlico Revision Delegation p D1 

4. 14-04 Approval of NCDOT’s Falls Lake New & Existing p 1 

Development Stormwater Management Program and 

Delegation of Further Approval Authority to the DWR 

Director 

(DWR) John Huisman

 Attachment A – NCDOT Falls Lake Stormwater Management pp A1-74 

 Program 

 POWERPOINT PRESENTATION 

5. 14-05 Request for Approval to Proceed to Publication and 

Public Comment and Hearing for Changes to 

Rule 15A NCAC 02H .1002 

(DEMLR) Tracy Davis

Attachment A –15A NCAC 02H (revised copy) pp A1-3 

Attachment B – 15A NCAC 02H (redline) pp B1-3 

Attachment C – 2013-12-20 EMC Statement GRAVEL p C1 

III. Information Items 

1. 14-01 Annual Progress Reports on the Tar Pamlico River, Neuse p 1

River, and Falls Lake Agriculture Rules

(DWR) John Huisman 

 Attachment A – Final 2013 Tar Pamlico CY2012 pp A1-13 

 Annual Report 

Attachment B – Neuse BOC Final Neuse CY2012 pp B1-13 

 Annual Report 

 Attachment C – Falls Lake Ag Report CY2012 pp C1-12 

 POWERPOINT PRESENTATION 

2. 14-02 Nutrient Criteria Development Plan 

(DWR) Dianne Reid

2 

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3 

3. 14-03 Update on Special Air Permit Appeals Committee – Parties Agreed to 

Extend Date for Final Agency Decision to May 9, 2014 

IV. Concluding Remarks 

By Commission Members 

By Directors 

By Counsel 

By Chairman 

Adjournment 01-09-14 

NC I/M Rule Revisions - Additional Documentation Page 28 of 42
Agenda Item: 14-01 Request for Approval of Correction to Inspection/Maintenance (IM) Rules 

Revision (517a)

Explanation: The Environmental Management Commission (EMC) is requested to approve a 

correction of the recently approved amendments on the exemption of certain 

motor vehicles from emission inspections. 

Rule amendments incorporating Session Law 2012-199 were approved in the 

November 2013 EMC meeting to amend the existing rule’s exclusion of the 

current model year from emissions inspection to exclude vehicles of the three 

most recent model years with less than 70,000 miles on its odometer. This 

change directly involved amending four rules: 

• 15A NCAC 02D .1002, Applicability; 

• 15A NCAC 02D .1003, Definitions; 

• 15A NCAC 02D .1005, On-Board Diagnostic Standards; and 

• 15A NCAC 02D .1006, Sale and Service of Analyzers 

However, there was an inadvertent inconsistency in the Rule 02D .1003 

language between Chapter 1- Summaries and Recommendations, and 

Chapter II – Amended Rules. A clerical error was made by not including 

the four-word phrase “or the registration card” in the definition of the new 

term “three most recent model years” in Chapter II paragraph 10 as it was 

included correctly in Chapter I. The correct definition should read “For 

the purposes of this section, the term “Three most recent model years” 

shall be calculated by adding three years to the vehicle’s model year 

obtained from the Vehicle Identification Number (VIN) or the registration 

card to determine the first calendar year an emissions inspection is 

required.” 

Recommendation: The Director recommends that the Commission approve the correction in 

Rule 02D .1003. 

1

NC I/M Rule Revisions - Additional Documentation Page 29 of 42
 ATTACHMENT A 

1 

2 

3 

15A NCAC 02D .1003 is amended with changes as published in 28:04 NCR 329-330 as follows: 

15A NCAC 02D .1003 DEFINITIONS 

4 The following definitions of terms apply to Rules [02D] .1002 through [02D].1006 of this Section regulating

5 gasoline-powered and hybrid-powered motor [vehicles] throughout this Section: vehicles:

6 

7 

(1) "Heavy-duty Gasoline Vehicle" means a gasoline-powered and hybrid-powered motor vehicle 

which is designed primarily for: 

8 (a) transportation of property and has a GVWR (Gross Vehicle Weight Rating) Gross 

9 Vehicle Weight Rating (GVWR) of more than 8,500 pounds. pounds but less than 14,001 

10 

11 

pounds;

(b) transportation of persons and has a capacity of more than 12 persons; or 

12 

13 

14 

(c) use as a recreational motor vehicle, which vehicle that is designed primarily to provide 

temporary or permanent living quarters for travel, camping, or other recreational use and 

has a GVWR of more than 8,500 pounds. 

15 

16 

17 

18 

(2) "Light-duty Gasoline Vehicle" means a gasoline-powered and hybrid-powered motor vehicle 

which is designed primarily for: 

(a) transportation of property and has a GVWR of 8,500 pounds or less; or 

(b) transportation of persons and has a capacity of 12 persons or less. 

19 (3) "Motor Vehicle" means any self-propelled vehicle used for transporting property or persons.

20 [every vehicle which is self-propelled and every vehicle designed to run upon the highways which 

21 is pulled by a self-propelled vehicle] as defined in G.S. [20-4.01(23).] 20-4.01. 

22 (4) "Motorcycle" means any motor vehicle having a seat or saddle for the use of the rider and 

23 designed to travel on not more than three wheels in contact with the ground. [saddle for the use of 

24 the rider and designed to travel on not more than three wheels in contact with the ground, 

25 including motor scooters and motor-driven bicycles, but excluding tractors and utility vehicles 

26 equipped with an additional form of device designed to transport property, three-wheeled vehicles 

27 while being used by law-enforcement agencies and mopeds as defined in subdivision d1 of this 

28 subsection”] as defined in G.S. [20-4.01(27)d.] 20-4.01. 

29 (5) “Gasoline-powered Motor Vehicle” means a four-wheeled motor vehicle designed primarily to be 

30 propelled by the burning of gasoline in an internal combustion engine.

31 (6) “Hybrid-powered Motor Vehicle” means a four-wheeled motor vehicle designed to be propelled 

32 by a combination of one or more electric motors and the burning of gasoline in an internal 

33 combustion engine. 

34 (7) “Plug-in Electric Vehicle” as defined in G.S. [20-4.01(28a).] 20-4.01. 

35 

36 

(8) “Fuel Cell Electric Vehicle” as defined in G.S. [20-4.01(12a).] 20-4.01. 

1 

NC I/M Rule Revisions - Additional Documentation Page 30 of 42A-1
 ATTACHMENT A 

2 

1 (9) “Model year” means the year used to designate a discrete vehicle model, irrespective of the 

2 calendar year in which the vehicle was actually produced, provided that the production period 

3 does not exceed 24 months.

4 [(10)] [“Current model year means the most recent year used to designate a discrete vehicle model, 

5 irrespective of the calendar year in which the vehicle was actually produced, provided that the 

6 production period does not exceed 24 months.] 

7 (10)[(11)]“Three most recent model [years” means the current (first) model year and the second and third 

8 model years following the current model year.] years.” For the purposes of this section, the term 

9 “Three most recent model years” shall be calculated by adding three years to the vehicle’s Vehicle 

10 Identification Number (VIN) or the registration card model year to determine the first calendar 

11 year an emissions inspection is required. 

12 (11)[(12)]“Vendor" means any person who sells or leases equipment to inspection stations that is used to 

13 perform on-board diagnostic tests to show compliance with Rule [02D] .1005 of this Section.

14 

15 History Note: Authority G.S. 20-4.01 (12a); 20-4.01 (28a); 20-4.01; 143-215.3(a)(1);

16 Eff. December 1, 1982,

17 Amended Eff. January 1, 2014.

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

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AGENDA

RULES REVIEW COMMISSION

Thursday, January 16, 2014 10:00 A.M. 

1711 New Hope Church Rd., Raleigh, NC 27609

I. Ethics reminder by the chair as set out in G.S. 138A-15(e)

II. Approval of the minutes from the last meeting

III. Follow-up matters:

A. NC Rural Electrification Authority – 04 NCAC 08 .0101, .0102, .0107, 

.0108, .0109, .0110, .0111, .0112, .0201, .0202, .0203, .0204, .0205, 

.0206, .0207, .0208, .0209, .0210, .0211, .0212, .0301, .0302, .0303, 

.0305, .0306, .0307, .0308, .0309, .0310, .0311, .0312, .0401, .0404 

(Reeder) 

B. Home Inspector Licensure Board – 11 NCAC 08 .1202, .1203, .1204, 

.1205 (Hammond) 

C. Environmental Management Commission – 15A NCAC 02D .1003 

(Reeder)

D. Board of Occupational Therapy – 21 NCAC 38 .0301, .0802 (Reeder)

IV. Review of Log of Filings (Permanent Rules) for rules filed between November 21, 

2013 and December 20, 2013

V. G.S. 150B-19.1 Certification

E. Department of Justice; Company and Campus Police – 12 NCAC 02I 

.0101, .0102, .0104, .0202, .0203, .0204, .0205, .0206, .0208, .0210, 

.0211, .0212, .0213, .0214, .0304, .0306, .0501 (Reeder)

VI. Review of the 2014 State Medical Facilities Plan

VII. Commission Business

• Public Hearing: RRC proposed Rules 26 NCAC 05 .0201-.0210

• Special meeting scheduled for review of Temporary Rules: January 29, 2014 

at 9:30 a.m.

• Next regularly scheduled meeting: February 20, 2014 at 10 a.m.

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RULES REVIEW COMMISSION MEETING

MINUTES

January 16, 2014

The Rules Review Commission met on Thursday, January 16, 2014, in the Commission Room at 

1711 New Hope Church Road, Raleigh, North Carolina. Commissioners present were: Anna Choi, 

Margaret Currin, Garth Dunklin, Jeff Hyde, Stephanie Simpson and Ralph Walker. 

Staff members present were: Commission Counsels Amanda Reeder and Abigail Hammond; and

Molly Masich, Dana Vojtko, Julie Brincefield, and Tammara Chalmers. 

The meeting was called to order at 10:00 a.m. with Vice-Chairman Currin presiding. She read the 

notice required by NCGS 138A-15(e) and reminded the Commission members that they have a duty 

to avoid conflicts of interest and the appearances of conflicts. 

APPROVAL OF MINUTES

Vice-Chairman Currin asked for any discussion, comments, or corrections concerning the minutes of 

the December 19, 2013 meeting. There were none and the minutes were approved as distributed

FOLLOW-UP MATTERS

NC Rural Electrification Authority 

04 NCAC 08 .0101, .0102, .0107, .0108, .0109, .0110, .0111, .0112, .0201, .0202, .0203, .0204, 

.0205, .0206, .0207, .0208, .0209, .0210, .0211, .0212, .0301, .0302, .0303, .0305, .0306, .0307, 

.0308, .0309, .0310, .0311, .0312, .0401, .0404 - There has been no response from the agency and 

no action was taken.

Home Inspector Licensure Board 

All rules were unanimously approved.

Environmental Management Commission

The rule was unanimously approved.

Board of Occupational Therapy

Both rules were unanimously approved.

LOG OF FILINGS

Vice-Chairman Currin presided over the review of the log of permanent rules.

Child Care Commission

The Commission extended the period of review on 10A NCAC 09 .0302, .1702, .2506, .2701, .2702, 

.2703, .2704 and .2903 in accordance with G.S. 150B-21.13. The Commission extended the period 

of review to allow the Child Care Commission additional time to review staff’s Request for Technical 

Changes.

Commission for Mental Health

The Commission objected to Rule 10A NCAC 27G .0504 based on lack of statutory authority, as 

there does not appear to be any authority for the Commission for Mental Health, Developmental

Disabilities and Substance Abuse Services to alter the language of G.S. 122C-64 as set forth in 

Subparagraph (b)(5) of the Rule. 

W. Denise Baker with the agency addressed the Commission.

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Criminal Justice Education and Training Standards Commission

All rules were unanimously approved.

Sheriffs' Education and Training Standards Commission

All of the rules were unanimously approved with the following exception:

The Commission objected to Rule 12 NCAC 10B .1901 based on lack of statutory authority to 

abrogate the statute by requiring the military trained applicant to have a Military Occupational 

Specialty or equivalent training, testing or completed a military training of program, when both are 

required by the law. Further, the Rule is unclear what will constitute equivalent experience for this 

licensure. 

Marine Fisheries Commission

All of the rules were unanimously approved with the following exceptions:

15A NCAC 03J .0207 and 15A NCAC 03Q .0202 were withdrawn by the agency.

Wildlife Resources Commission

Both rules were unanimously approved.

Appraisal Board

21 NCAC 57A .0202 was unanimously approved.

Speech and Language Pathologists and Audiologists, Board of Examiners for

The Commission objected to Rules 21 NCAC 64 .0206, .0219 and .0307 because the agency failed 

to comply with the Administrative Procedure Act, as it adopted the Rules before the close of the 

comment period.

The Commission also objected to Rule .0219 on the grounds of ambiguity. It is unclear in Paragraph 

(d) what the “requirements of the patient site” are.

The Commission additionally objected to Rule .0307 based upon ambiguity, as it is unclear what the 

Board meant to references to the “Article” in this context, and ambiguity regarding what will 

constitute “inconsistent and in conflict.”

G.S 150B-19.1(h) RRC CERTIFICATION

Vice-Chairman Currin presided over the review of the log of RRC Certification.

Department of Justice

The Commission certified that the agency adhered to the principles in G.S. 150B-19.1 for proposed 

rules 12 NCAC 12 .0101, .0102, .0202, .0204, .0205, .0208, .0210, .0214, .0304, and .0501.

The Commission did not certify Rules 02I .0104, .0203, .0206, .0211, .0212, .0213 and .0306, finding 

the Department does not have the statutory authority for certain requirements proposed in the 

amended Rules, including sanctioning individuals or agencies for five years when the statute limits 

such sanctions to three years.

Trevor Allen, who is with the agency, addressed the Commission.

2014 STATE MEDICAL FACILITIES PLAN

The Commission found that the Department of Health and Human Services and the State Health 

Coordinating Council complied with G.S. 131E-176(25) in the adoption of the 2014 Plan.

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COMMISSION BUSINESS

The Commission discussed the adoption of Rule 26 NCAC 05 .0211, which sets forth the schedule 

the Commission will use in implementing the HB 74 rule review process. RRC Rule .0211 was 

proposed for adoption and publication in the NCR and is attached. The Commission approved 

publishing the rule for a 45 day comment period.

Vice-Chairman Currin opened the meeting for a public hearing on the proposed adoption of Rules 26 

NCAC 05 .0201-.0210 at 11:00 a.m. Vice-Chairman Currin called on anyone present who wished to 

comment on or object to the adoption of 26 NCAC 05 .0201-.0210 as they were noticed in the NC 

Register. Nadia Luhr from the NC Conservation Network, Brooks Rainey Pearson from the 

Southern Environmental Law Center, and Lacy Presnell from the Department of Environment and 

Natural Resources made their comments before the Commission. Staff informed the Commission 

that it received four written comments before the meeting, and that the comments will become part 

of the rulemaking record. The period to receive comments will expire at 5:00 p.m., February 14, 

2014. The Commission may vote on the adoption of 26 NCAC 05 .0201-.0210 at its regularly 

scheduled meeting in February. 

The public hearing portion of the meeting was closed at 11:12 a.m. 

The Commission’s Bylaws require that elections be held at the January meeting. The following 

members were elected as officers: 

Margaret Currin was elected Chairman.

Garth Dunklin was elected 1st Vice-Chairman.

Stefanie Simpson was elected 2nd Vice-Chairman.

The Commission thanked Judge Walker for his service as Chairman.

The meeting adjourned at 11:25 a.m.

A special meeting for the review of Temporary Rules is scheduled on Wednesday, January 29th, at 

9:30 a.m.

The next regularly scheduled meeting of the Commission is Thursday, February 20th at 10:00 a.m.

There is a digital recording of the entire meeting available from the Office of Administrative Hearings 

/ Rules Division.

Respectfully Submitted,

________________________________

Dana Vojtko

Publications Coordinator

Minutes approved by the Rules Review Commission:

_________________________________

Margaret Currin, Vice-Chair

NC I/M Rule Revisions - Additional Documentation Page 35 of 42
26 NCAC 05 .0211 is proposed for adoption as follows:

TITLE 26 – OFFICE OF ADMINISTRATIVE HEARINGS

CHAPTER 05 – RULES REVIEW COMMISSION

SECTION .0200 PERIODIC REVIEW OF EXISTING RULES

26 NCAC 05 .0211 SCHEDULE

(a) The Commission shall review the report prepared for the identified portion of the Administrative Code on the 

month and year as set forth below:

July 2014 August 2014 September 2014 October 2014 November 2014

21 NCAC 23 

21 NCAC 37 

25 NCAC 01A

25 NCAC 01B

25 NCAC 01C

25 NCAC 02 

03 NCAC 01 

04 NCAC 24

21 NCAC 08 

21 NCAC 52 

24 NCAC 02 

02 NCAC 57 

04 NCAC 17 

15A NCAC 01A

15A NCAC 01S

18 NCAC 03 

18 NCAC 05 

21 NCAC 01 

21 NCAC 30 

21 NCAC 42 

21 NCAC 45 

15A NCAC 02T

15A NCAC 02U

15A NCAC 01G

15A NCAC 02B

15A NCAC 02H

04 NCAC 14 

11 NCAC 14 

11 NCAC 18 

11 NCAC 20 

11 NCAC 21 

11 NCAC 22 

13 NCAC 08 

13 NCAC 10 

15A NCAC 12A

15A NCAC 12B

15A NCAC 12C

15A NCAC 12D

15A NCAC 12F

15A NCAC 12G

15A NCAC 12I

15A NCAC 12J

15A NCAC 12K

15A NCAC 01H

21 NCAC 20 

21 NCAC 21 

21 NCAC 28 

21 NCAC 69 

December 2014 January 2015 February 2015 March 2015 April 2015

10A NCAC 45 

21 NCAC 02 

21 NCAC 14 

21 NCAC 62 

02 NCAC 09B

02 NCAC 09C 

02 NCAC 09D 

02 NCAC 09E 

02 NCAC 09F 

02 NCAC 09G 

02 NCAC 09H 

02 NCAC 09J 

02 NCAC 09K 

02 NCAC 09M

02 NCAC 09N

02 NCAC 09O

02 NCAC 38

02 NCAC 43F

09 NCAC 03 

09 NCAC 06 

10A NCAC 97 

15A NCAC 02S

21 NCAC 06 

04 NCAC 08 

10A NCAC 05 

10A NCAC 09 

10A NCAC 13L

10A NCAC 13M

10A NCAC 13O

10A NCAC 26A

10A NCAC 26B

10A NCAC 26D

15A NCAC 02R

15A NCAC 18D

21 NCAC 11 

21 NCAC 32 

NC I/M Rule Revisions - Additional Documentation Page 36 of 42
02 NCAC 51

02 NCAC 52A

02 NCAC 52K 

02 NCAC 54

10A NCAC 13A

10A NCAC 13D

10A NCAC 13G

10A NCAC 14I

15A NCAC 01F

May 2015 June 2015 July 2015 August 2015 September 2015

07 NCAC 04 

15A NCAC 08 

15A NCAC 18D 

17 NCAC 03 

17 NCAC 06 

04 NCAC 02R

10A NCAC 21 

10A NCAC 22 

21 NCAC 50 

21 NCAC 61 

02 NCAC 20B

02 NCAC 37 

02 NCAC 42

02 NCAC 59A

02 NCAC 59B

02 NCAC 59C 

02 NCAC 59E

02 NCAC 59F

02 NCAC 59G

02 NCAC 60A

02 NCAC 60B

15A NCAC 01I

15A NCAC 09

21 NCAC 60 

21 NCAC 63 

10A NCAC 13H

10A NCAC 70I

10A NCAC 70K

19A NCAC 01 

19A NCAC 04 

19A NCAC 05 

19A NCAC 06 

04 NCAC 15 

10A NCAC 63 

15A NCAC 18C 

October 2015 November 2015 December 2015 January 2016 February 2016

10A NCAC 40 

10A NCAC 47 

11 NCAC 11 

11 NCAC 19 

18 NCAC 01 

18 NCAC 04 

18 NCAC 13 

25 NCAC 01D

06 NCAC 01

06 NCAC 02

06 NCAC 03

06 NCAC 04

10A NCAC 14J

10A NCAC 46 

10A NCAC 48 

13 NCAC 15 

13 NCAC 20 

15A NCAC 12H

15A NCAC 02Q

15A NCAC 02D

15A NCAC 07B

01 NCAC 01 

01 NCAC 03 

01 NCAC 04 

01 NCAC 25 

01 NCAC 26 

10A NCAC 13P

10A NCAC 26E

10A NCAC 26F

15A NCAC 04 

21 NCAC 18 

21 NCAC 29 

10A NCAC 10 

10A NCAC 89 

13 NCAC 07 

13 NCAC 12 

March 2016 April 2016 May 2016 June 2016 July 2016

04 NCAC 01 

10A NCAC 17 

15A NCAC 01L

15A NCAC 01N

20 NCAC 01 

20 NCAC 04 

20 NCAC 07 

10A NCAC 13J

10A NCAC 27A

10A NCAC 27B

10A NCAC 27D

11 NCAC 06 

11 NCAC 13 

16 NCAC 01 

16 NCAC 02 

16 NCAC 03 

25 NCAC 01F

01 NCAC 05 

10A NCAC 23 

10A NCAC 25 

21 NCAC 38 

26 NCAC 01

26 NCAC 02

26 NCAC 03

26 NCAC 04

04 NCAC 02S

17 NCAC 01 

17 NCAC 09 

17 NCAC 10 

17 NCAC 11 

17 NCAC 12 

19A NCAC 02 

August 2016 September 2016 October 2016 November 2016 December 2016

10A NCAC 06 

10A NCAC 67 

10A NCAC 68 

10A NCAC 69 

10A NCAC 70A

12 NCAC 01 

12 NCAC 02 

12 NCAC 03 

12 NCAC 04 

12 NCAC 06 

10A NCAC 39 

10A NCAC 43C

10A NCAC 43E

10A NCAC 43G

10A NCAC 43H

10A NCAC 14F

15A NCAC 10F

15A NCAC 10H

20 NCAC 03 

20 NCAC 08 

01 NCAC 09 

01 NCAC 15 

01 NCAC 17

01 NCAC 19 

01 NCAC 35 

NC I/M Rule Revisions - Additional Documentation Page 37 of 42
10A NCAC 70B

10A NCAC 70C

10A NCAC 70D

10A NCAC 70E

10A NCAC 70F

10A NCAC 70G

10A NCAC 70H

10A NCAC 72 

21 NCAC 12 

21 NCAC 17 

21 NCAC 22 

21 NCAC 64 

25 NCAC 01E

25 NCAC 01K

25 NCAC 01L

25 NCAC 01M

25 NCAC 01N

25 NCAC 01O

10A NCAC 43I

10A NCAC 43J

18 NCAC 06 

18 NCAC 07 

18 NCAC 10 

20 NCAC 09 

20 NCAC 10 

08 NCAC 01 

08 NCAC 02 

08 NCAC 03 

08 NCAC 04 

08 NCAC 05 

08 NCAC 06 

08 NCAC 07 

08 NCAC 08 

08 NCAC 09 

08 NCAC 10 

08 NCAC 12 

08 NCAC 13 

11 NCAC 10 

11 NCAC 16 

14B NCAC 01 

14B NCAC 02 

14B NCAC 03 

14B NCAC 04 

14B NCAC 05 

14B NCAC 06 

14B NCAC 07 

15A NCAC 02A

15A NCAC 02C

15A NCAC 02E

January 2017 February 2017 March 2017 April 2017 May 2017

02 NCAC 48C 

02 NCAC 48D 

02 NCAC 48F 

02 NCAC 52B

02 NCAC 52C 

02 NCAC 52D

02 NCAC 52E

02 NCAC 52F

02 NCAC 52G

02 NCAC 52H

02 NCAC 52I

02 NCAC 59D

02 NCAC 59H

10A NCAC 27E

10A NCAC 27F

10A NCAC 27H

15A NCAC 05A

15A NCAC 05B

15A NCAC 05C

15A NCAC 05F

15A NCAC 05G

04 NCAC 06 

10A NCAC 01 

15A NCAC 01D

15A NCAC 01E

25 NCAC 01H

25 NCAC 01I

25 NCAC 01J

10A NCAC 71 

21 NCAC 04 

21 NCAC 31 

10A NCAC 27I

10A NCAC 28A

13 NCAC 14 

15A NCAC 01C

15A NCAC 13A

15A NCAC 13B

15A NCAC 13C

07 NCAC 01 

07 NCAC 02 

07 NCAC 03 

07 NCAC 05 

07 NCAC 06 

07 NCAC 07 

07 NCAC 08 

07 NCAC 09 

07 NCAC 10 

07 NCAC 11 

07 NCAC 12 

10A NCAC 13B

12 NCAC 10 

June 2017 July 2017 August 2017 September 2017 October 2017

04 NCAC 02T

17 NCAC 05 

21 NCAC 25 

21 NCAC 26 

02 NCAC 29

02 NCAC 31

02 NCAC 39

02 NCAC 53

02 NCAC 58

02 NCAC 43A

02 NCAC 43B

02 NCAC 43C 

02 NCAC 43D

04 NCAC 12 

10A NCAC 70 

10A NCAC 70J

10A NCAC 70L

10A NCAC 70M

10A NCAC 70N

10A NCAC 70O

12 NCAC 11 

21 NCAC 57 

04 NCAC 03 

10A NCAC 43A

10A NCAC 43B

10A NCAC 43F

10A NCAC 13C

10A NCAC 42 

10A NCAC 43D

10A NCAC 44 

15A NCAC 02K

18 NCAC 02 

18 NCAC 12 

NC I/M Rule Revisions - Additional Documentation Page 38 of 42
02 NCAC 43E

02 NCAC 43G

02 NCAC 43L

02 NCAC 43M

21 NCAC 54 

24 NCAC 01 

24 NCAC 03 

November 2017 December 2017 January 2018 February 2018 March 2018

01 NCAC 38 

01 NCAC 39 

01 NCAC 40 

01 NCAC 43 

01 NCAC 44 

10A NCAC 14 A 

10A NCAC 14G

10A NCAC 14H

11 NCAC 08 

14B NCAC 08 

14B NCAC 09 

14B NCAC 10 

14B NCAC 11 

14B NCAC 12 

14B NCAC 13 

14B NCAC 14 

21 NCAC 39 

10A NCAC 41A

10A NCAC 41B

10A NCAC 41D

10A NCAC 41E 

10A NCAC 41F

10A NCAC 41G

15A NCAC 03 

15A NCAC 10B

15A NCAC 10C

10A NCAC 13F

10A NCAC 28B

10A NCAC 28C

15A NCAC 07A

15A NCAC 07H

15A NCAC 07I

15A NCAC 07J

15A NCAC 07K

15A NCAC 07L

15A NCAC 07M

04 NCAC 19 

15A NCAC 02L 

15A NCAC 02N

15A NCAC 02O

15A NCAC 02P

21 NCAC 58

21 NCAC 68 

April 2018 May 2018 June 2018 July 2018 August 2018

10A NCAC 26C

10A NCAC 27C

10A NCAC 28D

10A NCAC 28E

11 NCAC 12 

15A NCAC 22 

15A NCAC 28 

21 NCAC 19 

01 NCAC 06 

01 NCAC 30 

13 NCAC 01 

13 NCAC 04 

13 NCAC 05 

13 NCAC 06 

13 NCAC 13 

13 NCAC 16 

13 NCAC 17 

13 NCAC 18 

13 NCAC 19 

21 NCAC 33 

21 NCAC 36 

21 NCAC 07 

21 NCAC 34 

21 NCAC 46 

19A NCAC 03 12 NCAC 07 

20 NCAC 02 

21 NCAC 48 

21 NCAC 65 

21 NCAC 66 

September 2018 October 2018 November 2018 December 2018 January 2019

02 NCAC 09L

02 NCAC 34

04 NCAC 16 

10A NCAC 13K

10A NCAC 41H

17 NCAC 04 

18 NCAC 08 

18 NCAC 11 

21 NCAC 40 

10A NCAC 14C

11 NCAC 05 

11 NCAC 07 

15A NCAC 18A

10A NCAC 41C

15A NCAC 01O 

15A NCAC 18B

15A NCAC 18C

15A NCAC 27 

15A NCAC 02G

15A NCAC 02I

15A NCAC 02J

15A NCAC 10A

15A NCAC 10D

15A NCAC 10E

15A NCAC 10G

15A NCAC 10I

15A NCAC 10J

15A NCAC 10K

02 NCAC 46

02 NCAC 48A .

02 NCAC 48B

02 NCAC 52J

02 NCAC 61

11 NCAC 01 

11 NCAC 04 

11 NCAC 17 

15A NCAC 18A, 

Sections .0100, 

.0300 - .0900 and 

.3400

NC I/M Rule Revisions - Additional Documentation Page 39 of 42
(b) The report shall be filed in accordance with Rule .0203 of this Chapter.

History Note: Authority G.S. 150B-21.3A.

February 2019 March 2019 April 2019 May 2019 June 2019

04 NCAC 20 

21 NCAC 03 

21 NCAC 10 

21 NCAC 16

21 NCAC 53 

21 NCAC 56 

12 NCAC 09 

17 NCAC 07 

15A NCAC 11 

15A NCAC 14 

04 NCAC 10 

10A NCAC 27G

10A NCAC 14E

10A NCAC 28F

10A NCAC 28G

10A NCAC 28H

10A NCAC 28I

10A NCAC 29C

10A NCAC 29D

NC I/M Rule Revisions - Additional Documentation Page 40 of 42
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