reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter C › Section .0300 - COMMERCIAL MOBILE RADIO SERVICE (CMRS) PROVIDERS › Section 06C .0405 - GRANTEE REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Grantees shall
				  submit reports to the Board summarizing expenditures of the grant funds and the
				  activities supported by the grant funds.
(b) Unless otherwise stated in a grant
				  agreement, the reports are due 15 days after September 30, December 31, March
				  31, and June 30.
(c) A final report
				  shall be submitted to the Board no more than 45 days after completion of the
				  grant, detailing the activities, expenditures of the funds, and the ways in
				  which the needs identified in the grant application were met. The final report
				  shall be accompanied by supporting documentation for all expenditures of the
				  grant funds.
Authority
					 G.S.
					 62A-47;
					 143C-6-22;
					 143C-6-23;
Eff. July
					 1, 2016.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter D - GOVERNMENT DATA ANALYTICS CENTER › Section .0100 - NORTH CAROLINA EDUCATION LONGITUDINAL DATA SYSTEM › Section 06D .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions set forth in
					 G.S.
					 116E-1, the following definitions shall apply
					 to the rules in this Section:
(1)
				  "Aggregated" means the result of the collection and combination of data about a
				  group of individuals that has been de-identified. Aggregated data can be used
				  for the purposes of making comparisons or identifying patterns within or among
				  groups of subjects or individuals. An example of aggregated data is the number
				  of high school graduates from Wake County who graduated from the University of
				  North Carolina System with a Bachelor of Science in Engineering within the past
				  three years and their average salary.
(2) "Applicable law" means all statutes and
				  rules of North Carolina and all relevant United States federal statutes and
				  regulations pertaining to the protection of privacy and security of
				  confidential data. Applicable law includes the Family Educational Rights and
				  Privacy Act, 20 U.S.C.
				  1232g; the Health Insurance Portability and
				  Accountability Act, 42
				  U.S.C. 300gg,
				  29 U.S.C 1181 et seq., and
				  42 USC
				  1320d et seq.; the Workforce Innovation and
				  Opportunity Act, 29 U.S.C. Ch. 32; and all regulations promulgated
				  thereunder.
(3) "Contributor" means
				  an entity that discloses Data to the System. The Contributors may be one or
				  more of the entities specified in
				  G.S.
				  116E-5(d)(1).
(4) "Data" means early childhood data,
				  student data as defined in
				  G.S.
				  116E-1(4), workforce data as
				  defined in
				  G.S.
				  116E-1(7), or other
				  personally identifying data disclosed by the Contributors to the System and any
				  data released from the System in response to data requests.
(5) "Early Childhood" means the time period
				  in an individual's life from birth to age eight.
(6) "GDAC" means the Government Data
				  Analytics Center, which has the authority to operate and oversee the System
				  pursuant to
				  G.S.
				  116E-4.
(7) "North Carolina Education Longitudinal
				  Data System" or "System" means the system referenced in
				  G.S.
				  116E-5.
(8) "Report" means the de-identified or
				  aggregated information, data extract, or data file generated by the System
				  using Data on a specified group of students, workforce members, or both, to
				  fulfill a Request.
(9) "Request"
				  means an inquiry for a Report containing information on a specified group of
				  students, workforce members, or both from the System by a Requestor
(10) "Requestor" means an entity or
				  individual that makes a Request to the System for a Report. A Requestor may
				  also be a Contributor.
Authority
					 G.S.
					 143B-1321(a)(16);
					 116E-4(b);
Eff. January 1, 2021.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter D - GOVERNMENT DATA ANALYTICS CENTER › Section .0100 - NORTH CAROLINA EDUCATION LONGITUDINAL DATA SYSTEM › Section 06D .0102 - DATA REQUEST PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In order to
				  initiate a Request for a Report from the System, a Requestor must complete an
				  Education Longitudinal Data System Report Request Form located at:
https://it.nc.gov/services/nc-gdac
.
				  The Requestor shall submit the form through the website, by emailing it to
				  gdacadmin@nc.gov, or by mailing a hard copy to the following address:
				  Government Data Analytics Center, 4101 Mail Service Center, Raleigh, NC
				  27699-4101.
(b) The Requestor shall
				  include the following information in the Request form:
(1) the name of the Requestor individual and
				  his or her contact information;
(2)
				  the name of the organization for whom the Requestor is making the Request on
				  behalf of, if applicable;
(3)
				  whether or not the Requestor, or the organization the Requestor is making the
				  Request on behalf of, is considered a public official as defined under
				  20 C.F.R.
				  603.2(d);
(4) the categories or types of Data needed to
				  generate the Reports being requested, such as data pertaining to students who
				  graduated high school in 2013 who were students in the University of North
				  Carolina School System in 2014;
(5)
				  the purposes for which the Requestor will utilize the Reports; and
(6) to whom or in what medium the Requestor
				  plans to publish research based on or interpretations of the Report.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter D - GOVERNMENT DATA ANALYTICS CENTER › Section .0100 - NORTH CAROLINA EDUCATION LONGITUDINAL DATA SYSTEM › Section 06D .0103 - CONTRIBUTOR DATA SHARING AGREEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  Contributor that plans to contribute Data to the System shall enter into a data
				  sharing agreement with the Government Data Analytics Center and other
				  Contributors. This data sharing agreement shall contain the following:
(1) obligations to comply with all Applicable
				  Law when disclosing, accessing, or using Data in the System;
(2) limitations on Data access to authorized
				  persons employed or contracted by the parties of the Memorandum of
				  Understanding;
(3) requirements for
				  safeguarding any Data disclosed by a Contributor; and
(4) terms regarding the relevant limitations
				  of liability for State and local government agencies and private or
				  non-governmental Contributors.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter D - GOVERNMENT DATA ANALYTICS CENTER › Section .0100 - NORTH CAROLINA EDUCATION LONGITUDINAL DATA SYSTEM › Section 06D .0104 - REQUESTOR DATA SHARING AGREEMENTS AND REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Except as provided in Paragraph (b) of this Rule, all Requestors shall enter
				  into a data sharing agreement with the Contributors that are the custodians of
				  the Data that may be needed to generate a requested report. The requestor data
				  sharing agreement shall be separate and distinct from the Memorandum of
				  Understanding between the Contributors and GDAC.
(b) Requestors who are also Contributors and
				  parties to the Contributor Memorandum of Understanding shall not be required to
				  enter into a Requestor data sharing agreement unless one or more of the
				  Contributors responding to the party's Request notifies the Requestor that a
				  data sharing agreement must be entered into before Data is disclosed in order
				  to comply with Applicable Law. An example of when a Requestor data sharing
				  agreement may be required is an instance where a Contributor is making a
				  Request of the NC Department of Commerce for Data that has not been
				  Aggregated.
(c) The Requestor data
				  sharing agreements shall contain the following:
(1) limitations on Report access to
				  authorized persons;
(2) prohibition
				  on the re-identification of persons included in Reports in accordance with
				  G.S.
				  116E-5(e);
(3) information technology system and data
				  security standards required by the Contributor who will be providing Data for
				  the Report;
(4) privacy compliance
				  standards;
(5) data breach
				  procedures, including notification of DIT of any cybersecurity incidents as
				  described by
				  G.S.
				  143B-1320(a)(4a) or
				  G.S.
				  143b-1320(a)(16a) using the
				  incident report form available at:
https://it.nc.gov/resources/cybersecurity-risk-management/statewide-cybersecurity-incident-report-form
;
(6) terms regarding the disclaimer of
				  liability as applied to Contributors pursuant to the doctrine of sovereign
				  immunity and statutory immunity; and
(7) data retention and data removal
				  standards.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 07 - OFFICE OF ECONOMIC RECOVERY AND INVESTMENT (EXPIRED) › Section .0100 - GENERAL PROVISIONS › Section 07 .0101-.0102 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  2009-475; P.L.
				  111-5; Title XII, H.R. 1-107;
Emergency Adoption Eff. January 19, 2010;
Temporary Adoption Eff.
				  February 26, 2010;
Temporary Rule Expired June 30,
				  2012.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 07 - OFFICE OF ECONOMIC RECOVERY AND INVESTMENT (EXPIRED) › Section .0200 - HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM › Section 07 .0201-.0204 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  2009-475; P.L.
				  111-5; Title XII, H.R. 1-107;
Emergency Adoption Eff. January 19, 2010;
Temporary Adoption Eff.
				  February 26, 2010;
Temporary Rule Expired June 30,
				  2012.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 07 - OFFICE OF ECONOMIC RECOVERY AND INVESTMENT (EXPIRED) › Section .0300 - ELIGIBLE AND INELIGIBLE ACTIVITIES › Section 07 .0301-.0302 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  2009-475; P.L.
				  111-5; Title XII, H.R. 1-107;
Emergency Adoption Eff. January 19, 2010;
Temporary Adoption Eff.
				  February 26, 2010;
Temporary Rule Expired June 30,
				  2012.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 07 - OFFICE OF ECONOMIC RECOVERY AND INVESTMENT (EXPIRED) › Section .0400 - GENERAL REQUIREMENTS › Section 07 .0401-.0403 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  2009-475; P.L.
				  111-5; Title XII, H.R. 1-107;
Emergency Adoption Eff. January 19, 2010;
Temporary Adoption Eff.
				  February 26, 2010;
Temporary Rule Expired June 30,
				  2012.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 07 - OFFICE OF ECONOMIC RECOVERY AND INVESTMENT (EXPIRED) › Section .0500 - GRANT ADMINISTRATION › Section 07 .0501-.0504 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  2009-475; P.L.
				  111-5; Title XII, H.R. 1-107;
Emergency Adoption Eff. January 19, 2010;
Temporary Adoption Eff.
				  February 26, 2010;
Temporary Rule Expired June 30,
				  2012.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 07 - OFFICE OF ECONOMIC RECOVERY AND INVESTMENT (EXPIRED) › Section .0600 - COMPLIANCE AND REPORTING REQUIREMENTS › Section 07 .0601-.0602 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  2009-475; P.L.
				  111-5; Title XII, H.R. 1-107;
Emergency Adoption Eff. January 19, 2010;
Temporary Adoption Eff.
				  February 26, 2010;
Temporary Rule Expired June 30,
				  2012.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 07 - OFFICE OF ECONOMIC RECOVERY AND INVESTMENT (EXPIRED) › Section .0700 - REMEDIES › Section 07 .0701-.0702 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  2009-475; P.L.
				  111-5; Title XII, H.R. 1-107;
Emergency Adoption Eff. January 19, 2010;
Temporary Adoption Eff.
				  February 26, 2010;
Temporary Rule Expired June 30,
				  2012.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 01A .0101 - PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  wishing to request the adoption, amendment, or repeal of a rule made by the
				  Secretary of the Department of Human Resources (hereinafter referred to as the
				  Secretary) shall make his request in a petition addressed to:
Staff Attorney for Administrative Procedures
Department of Human Resources
101 Blair Drive
Raleigh, North Carolina 27603
(b) The petition shall contain the following
				  information:
(1) either a draft of the
				  proposed rule or a summary of its contents;
(2) the statutory authority for the agency to
				  promulgate the rule;
(3) the
				  reasons for the proposal;
(4) the
				  effect on existing rules or orders;
(5) any data supporting the
				  proposal;
(6) the effect of the
				  proposed rule on existing practices in the area involved, including cost
				  factors;
(7) the names and
				  addresses, if known, of those most likely to be affected by the proposed rule;
				  and
(8) the name and address of the
				  petitioner.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 01A .0102 - NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon a determination to hold a rule
				  making proceeding, either in response to a petition or otherwise, the Secretary
				  or his designee shall give notice to all interested parties in accordance with
				  G.S.
				  150A-12.
(b) Any person desiring information in
				  addition to that provided in a particular rule making notice may contact:
Staff Attorney for Administrative Procedures
Department of Human Resources
101 Blair Drive
Raleigh, North Carolina 27603
Authority
					 G.S.
					 143B-10;
					 150B-11;
					 150B-12;
Eff.
					 February 1, 1976;
Amended Eff. November 1, 1989; January 1, 1986;
					 April 1, 1985; July 1, 1977;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 01A .0103 - HEARING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary, or one or more hearing officers designated
					 and authorized by the Secretary, shall be hearing officers in a rule making
					 hearing.
Authority
					 G.S.
					 143B-10(j)(3);
Eff. February 1, 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 01A .0104 - HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  desiring to make an oral presentation at a public hearing is encouraged to
				  submit a written copy of the presentation to the hearing office prior to or at
				  the public hearing.
(b)
				  Presentations may not exceed 10 minutes unless, upon request made either before
				  or at the hearing, the hearing officer grants an extension of time for good
				  cause.
(c) Any person may file a
				  written submission containing data, comments, or arguments after publication of
				  a rule making notice up to and including the day of the hearing. A submission
				  must clearly state the rule or proposed rule to which the comments are
				  addressed and must also include the name and address of the person submitting
				  it. Written submissions must be sent to:
Staff Attorney for Administrative Procedures
Department of Human Resources
325 North Salisbury Street
Raleigh, North Carolina 27611
(d) The hearing officer shall have complete
				  control over the rulemaking hearing, including:
(1) the responsibility of having a record
				  made of the hearing;
(2) extension
				  of any time allotments,
(3)
				  recognition of speakers,
(4)
				  prevention of repetitious presentations, and
(5) general management of the hearing.
The hearing officer shall assure that each person attending
					 the hearing is given a fair opportunity to present views, data, and
					 comments.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 01A .0105 - STATEMENT OF REASONS FOR AND AGAINST RULE MAKING DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any interested person who desires from
				  the Secretary a concise written statement of the principal reasons for and
				  against the decision by the Secretary to adopt or reject a rule may, either
				  prior to the decision or within 30 days thereafter, submit a request to:
Staff Attorney for Administrative Procedures
Department of Human Resources
101 Blair Drive
Raleigh, North Carolina 27603
(b) An "interested person" shall be any
				  person, as defined in
				  G.S.
				  150A-2(7), whose rights,
				  duties, or privileges might be affected by the adoption of the rule.
(c) The request must be made in writing, must
				  contain a statement that the requesting person is an interested person, and
				  must identify the rule or proposed rule involved.
(d) The Secretary shall issue the statement
				  of reasons for and against his decision within 45 days after receipt of the
				  request.
Authority
					 G.S.
					 143B-10(j)(2);
					 150B-11;
					 150B-12;
Eff.
					 February 1, 1976;
Amended Eff. November 1, 1989; April 1,
					 1985;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 01A .0106 - RECORD OF RULE MAKING PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
A record of all rulemaking proceedings conducted by the
					 Secretary's Office, including responses to petitions for rulemaking, shall be
					 maintained in the Office of Legal Affairs and shall be available for public
					 inspection during regular office hours. This record shall include:
(1) the original petition, if any,
(2) the notice,
(3) written presentation or
				  submission,
(4) any written minutes
				  or audio tape of the oral hearing, and
(5) a final draft of the adopted
				  rule.
Authority
					 G.S.
					 143B-10;
					 150B-11;
Eff.
					 February 1, 1976;
Amended Eff. November 1, 1989; January 1,
					 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 01A .0107 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
A fee may be charged by the Office of Legal Affairs to
					 persons requesting materials from hearing records. The fee will cover the cost
					 of meeting the request.
Authority
					 G.S.
					 12-3.1;
					 143B-10;
Eff.
					 February 1, 1976;
Amended Eff. November 1, 1989; January 1, 1986;
					 July 1, 1977;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 01A .0108 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Secretary
				  or his designee shall have the power to make declaratory rulings. All requests
				  for declaratory rulings shall be by written petition and shall be submitted to:
Staff Attorney for Administrative Procedures
Department of Human Resources
101 Blair Drive
Raleigh, North Carolina 27603
(b) Every request for a declaratory ruling
				  must include the following information:
(1)
				  the name and address of the petitioner,
(2) the statute or rule to which the petition
				  relates,
(3) a concise statement of
				  the manner in which the petitioner is aggrieved by the rule or statute or its
				  potential application to him, and
(4) the consequences of a failure to issue a
				  declaratory ruling.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0200 - CONTESTED CASES › Section 01A .0201-.0203 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-10(j)(3);
					 150B-11;
					 1150B-22; 150B 23; 150B-23(e);
					 150B-29(6);
Eff. February 1, 1976;
Amended Eff.
					 November 1, 1989; April 1, 1988; July 1, 1987; June 1, 1987; January 1, 1986;
					 April 1, 1985;
Expired Eff. May 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0200 - CONTESTED CASES › Section 01A .0204 - EXPIRED - EXCEPTIONS TO RECOMMENDED DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 150B-11;
					 150B-36;
					 150B-37;
ARRC
					 Objection February 18, 1988;
Eff. July 1, 1988;
Expired
					 Eff. May 1. 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0300 - PUBLIC RECORDS › Section 01A .0301 - EXPIRED - PUBLIC RECORD FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 12-3.1;
					 143B-10;
					 150B-11;
Eff. May 1,
					 1993;
Expired Eff. May 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0300 - PUBLIC RECORDS › Section 01A .0302 - EXPIRED - USE OF NAMES AND PHOTOGRAPHS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 122C-52;
					 122C-53;
					 143B-10;
Eff.
					 February 1, 1976;
Amended Eff. November 1, 1989;
Expired Eff. May 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0400 - DATA SYSTEMS STANDARDS › Section 01A .0401 - EXPIRED - AUTOMATED DATA SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(e) and (j);
					 143B-139.1;
Eff.
					 July 1, 1980;
Amended Eff. November 1, 1989;
Expired
					 Eff. May 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0500 - FISCAL STANDARDS › Section 01A .0501 - BUDGET STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A local human
				  service agency may require a contractor or subcontractor except for individual
				  personal service agreement to prepare and maintain a budget in a manner
				  consistent with the policies, regulations, and procedures of the local human
				  service agency, local authority or governing board.
(b) All proposed budgets of local human
				  service agencies, upon review and approval by the appropriate local governing
				  authority, shall be submitted in accordance with prescribed format and time
				  schedule to the grantor division of the department for review and
				  approval.
(c) Each local human
				  service agency shall receive written notification from the grantor division of
				  the department relative to the approval of the budget for the fiscal period,
				  which shall be incorporated in the grant agreement specified in Section.0600 of
				  this Subchapter.
(d) Except as
				  otherwise provided by law, amendments to the approved budget ordinance during
				  the fiscal period shall be approved by the appropriate local governing
				  authority, and recorded in appropriate minutes. Budgetary changes in excess of
				  dollar amounts specified in the grant agreement or division rules and
				  regulations shall also be submitted to and approved by the grantor division of
				  the department prior to actual implementation of the budgetary
				  re-alignment.
(e) Amendments to a
				  contract (including a personal services contract) to which this Subchapter
				  applies during the fiscal year shall be approved in advance by the local human
				  service agency, and shall be attached to the contract and incorporated therein.
				  Failure to receive prior approval by the local human service agency shall be a
				  basis on which the grantor division may refuse to provide state or federal
				  reimbursement for the line-item over-expenditure. If the grantor division
				  refuses such payment, the local human service agency shall be entitled to a
				  hearing under Rule.0901(d) of this Subchapter.
Authority
					 G.S.
					 143B-139.1;
Eff. July 1,
					 1980;
Amended Eff. November 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0600 - CONTRACTING STANDARDS › Section 01A .0601 - CONTRACTS AND GRANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  consideration of receiving either state or federal funds, the receiving party
				  other than a local human service agency shall sign a contract with the
				  department or division which shall contain the obligations of the parties to
				  the agreement.
(b) Prior to
				  distributing any federal or state funds, each division shall either:
(1) sign a grant or contract with the local
				  human service agency making compliance with these and other divisional policies
				  a condition of receipt of the funds, or
(2) promulgate rules regarding the
				  expenditure of any federal or state funds.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0600 - CONTRACTING STANDARDS › Section 01A .0602 - CONTRACTS WITH LOCAL AGENCIES FOR SPECIAL PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever the department or a division contracts with a
					 private agency to provide services on the basis of a negotiated fixed rate,
					 then such contracts shall be governed by separate rules which must be approved
					 by the Secretary prior to their promulgation.
Authority
					 G.S.
					 143B-10(e) and (j);
					 143B-139.1;
					 45 C.F.R.
					 228.70;
Eff. July 1,
					 1980;
Amended Eff. November 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0600 - CONTRACTING STANDARDS › Section 01A .0603 - SUBORDINATION OF OTHER CONTRACTS AND GRANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Contracts, grants, agreements or any other understandings
					 among the divisions or between the department or the divisions and other state
					 agencies shall not diminish or eliminate the requirements contained in this
					 Subchapter.
Authority
					 G.S.
					 143B-10(e) and (j);
					 143B-139.1;
Eff.
					 July 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0600 - CONTRACTING STANDARDS › Section 01A .0604 - GENERAL PROVISIONS OF A CONTRACT OR GRANT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The following items shall be the minimum requirements of each contract or grant
				  agreement:
(1) A specification of target
				  population; services to be provided; objectives; expected results;
(2) A budget as specified in Rule.0501 of
				  this Subchapter;
(3) A provision
				  agreeing to maintain all relevant records for a period of five years or until
				  all audit exceptions have been resolved, whichever is longer;
(4) The following information:
(A) names of parties;
(B) date;
(C) duration of the grant or contract,
				  including the effective and termination dates;
(D) amount of the grant or contract and
				  schedule of payment;
(E) particular
				  duties of the grantee or contractor;
(5) Provisions for termination by mutual
				  consent, or for cause by sixty days written notice to the other party, or as
				  otherwise provided by law;
(6) A
				  provision that the awarding of the contract or grant is subject to allocation
				  and appropriation of funds to the department, division or local agency for the
				  purposes set forth in the contract or grant;
(7) A provision that requires reversion of
				  unexpended funds to the department or division upon termination of the grant or
				  contract;
(8) All subcontracts
				  entered into by a local human service agency must have prior approval of its
				  local authority.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0700 - PLANNING AND PROGRAMMATIC REPORTING STANDARDS › Section 01A .0701 - ANNUAL PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Divisions may
				  require that every local human service agency shall develop an annual program
				  plan that is consistent with minimum requirements and program standards set by
				  applicable state commissions, federal requirements, and departmental
				  instructions. The annual plan shall be an integral part of a continuing,
				  comprehensive and cooperative planning process and may include the following:
(1) an inventory of all programs and services
				  to be offered by the agency during the next fiscal year;
(2) a statement of needs and problems that
				  the agency addresses and the extent of those needs and problems within the
				  agency's geographic jurisdiction;
(3) a statement of the agency's objectives
				  for the next fiscal year. These objectives will be presented to reflect their:
(A) contribution to reduction of needs and
				  problems, and
(B) relationship to
				  programmatic goals established by the state agency;
(4) a listing of the activities which will be
				  conducted to accomplish each objective and a description of the planned effects
				  these activities will have on the needs and problems and an identification of
				  past accomplishments by activities in the area;
(5) a description of the steps the agency
				  will take to monitor adherence to its plan and to measure progress towards its
				  objectives;
(6) a description of
				  the methods the agency will use to evaluate its activities, and the priority
				  areas to be evaluated during the next fiscal year; and
(7) a description of the agency's efforts to
				  include its governing board, its clients, and the general public in the
				  planning process and the administration of its programs.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0700 - PLANNING AND PROGRAMMATIC REPORTING STANDARDS › Section 01A .0702 - CONTRACT PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
Divisions may require that every local human service agency
					 that enters into a contract with a private provider of client services
					 shall:
(1) include such contract(s) as
				  an activity item in its annual plan, describing the purpose of the contract,
				  the steps the agency will take to monitor adherence to the contract, and the
				  methods the agency will use to evaluate the contract(s); and
(2) require the contractor, prior to the
				  signing of the contract, to develop a plan of work which includes items (1),
				  (2), (3), (4), (5), and (6) of Rule.0701 of this Subchapter; this plan of work
				  shall be attached to the contract and incorporated therein, as specified in
				  Section.0700 of this Subchapter.
Authority
					 G.S.
					 143B-139.1;
Eff. July 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0700 - PLANNING AND PROGRAMMATIC REPORTING STANDARDS › Section 01A .0703 - OTHER REQUIRED REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
Grantor divisions of the department may from time to time
					 require other reports from local human service agencies to which this
					 Subchapter applies. Such reports which are specified in Title 10A of the North
					 Carolina Administrative Code are hereby incorporated as an administrative
					 standard.
Authority
					 G.S.
					 143B-139.1;
Eff. July 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0800 - EVALUATION STANDARDS › Section 01A .0801 - LOCAL HUMAN SERVICE AGENCIES TO CO OPERATE WITH DEPT

Current through Register Vol. 39, No. 2, July 15, 2024
Local human service agencies and the department shall
					 mutually assist each other in conducting evaluations of human service programs
					 but shall not be required to provide staffing without approval from the
					 appropriate authority. Unless otherwise prohibited by statute or regulation
					 this requirement includes access of state staff to records, staff, and clients,
					 and participation on evaluation task forces as resources permit. Departmental
					 staff will be responsible for ensuring that local human service agencies are
					 informed as soon as possible about evaluation needs, and to minimize disruption
					 of local operations. In return, local human service agencies will be provided
					 results of all pertinent evaluation studies conducted by the
					 department.
Authority
					 G.S.
					 122C-56;
					 143B-139.1;
Eff.
					 July 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0900 - COMPLIANCE › Section 01A .0901 - AGENCY COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each grantor
				  Division shall assist each local human service agency in achieving compliance
				  and shall ensure compliance with the rules in this Subchapter or Division rules
				  promulgated to comply with these Rules. A local human service agency shall be
				  deemed to be in compliance until the Division Director determines, after an
				  administrative review, that the local human service agency or one of its
				  contractors is not in compliance.
(b) Each grantor Division shall conduct
				  periodic administrative reviews. These reviews may be conducted as a separate
				  procedure or in conjunction with existing review procedures.
(c) At the conclusion of an administrative
				  review, the principal reviewer shall meet with the chief administrative officer
				  of the local human service agency to discuss the findings. Following this exit
				  conference, the principal reviewer shall prepare a written report and transmit
				  the report to the Division Director. If the findings of the review indicate the
				  local human service agency is in compliance with administrative standards, the
				  Division Director will forward a copy of the administrative review report to
				  the agency director under a transmittal letter indicating the agency's
				  compliance. If the local human service agency is not in compliance, the
				  following steps shall be taken:
(1) The
				  Division Director shall send a copy of the administrative review report to the
				  local human service agency, to the appropriate local authority and the chairman
				  of the local board of County Commissioners:
(A) citing the specific findings of
				  non-compliance and what is required to come into compliance;
(B) notifying the agency that it has 60 days
				  from the receipt of the report to come into compliance in these areas or to
				  develop and submit to the Division a corrective plan. The Division is
				  responsible for providing consultation and technical assistance regarding the
				  areas of non-compliance to the local agency upon request; and
(C) withholding of all state administrative
				  funds that pertain to that particular item of non-compliance.
Note: The purpose of this provision is to limit the
					 withholding of funds only to the single instance of non-compliance. For
					 example, if a certain personnel position or a particular contract is
					 out-of-compliance, only funds pertaining to that position or contract would be
					 withheld.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .0900 - COMPLIANCE › Section 01A .0902 - CONTRACT COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every division
				  shall assure compliance by recipients of contracts with all the terms of a
				  contract. Upon determination of non-compliance, the division shall give the
				  recipient 60 days written notice to come into compliance. After the 60 day
				  period, the division may:
(1) terminate the
				  contract and take any necessary action to retrieve unexpended funds and
				  unauthorized expenditures;
(2)
				  suspend payments pending negotiation of a plan of corrective action;
				  or
(3) offset future payments with
				  the amount improperly spent.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .1100 - REIMBURSEMENT › Section 01A .1101 - RATE SETTING METHODS FOR FACILITIES THAT SERVE STATE/COUNTY SPECIAL ASSISTANCE RESIDENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A rate for
				  facilities which serve State/County Special Assistance residents shall be
				  reviewed annually, and pending approval of the Legislature, shall be effective
				  for dates of service for a 12 month period beginning each October 1. Rates are
				  derived from submission of cost reports for the most recent 12 month period.
				  The maximum rate shall be developed by ranking prior year per diem cost from
				  the lowest to the highest in two separate arrays, one for direct cost and one
				  for indirect cost. The per diem cost at the 75% percentile shall be used for
				  the direct rate and the 60% percentile shall be used for the indirect rate. The
				  maximum rate determined by this method may be adjusted as necessary to comply
				  with federal or state laws or policies.
(b) The rate calculated in Paragraph (a) of
				  this Rule shall include an annual adjustment to reflect increases or decreases
				  in prices that are expected to occur from the cost report period on which the
				  rates are developed to the year in which the rate applies. The price level
				  adjustment factors shall be computed using aggregate base year cost in the
				  following manner:
(1) Cost shall be
				  accumulated into the following groups:
(A)
				  labor,
(B) fixed,
(C) other.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .1100 - REIMBURSEMENT › Section 01A .1102 - COST REPORTING: FOR FACILITIES THAT SERVE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Each facility which serves State/County Special Assistance residents shall
				  prepare and submit a report of its costs and other financial information.
				  Facilities shall prepare and submit the cost report on the fiscal year as
				  defined in
				  G.S.
				  131D-4.2. Facilities that fail to file their
				  cost reports by the due date are subject to enforcement actions for
				  non-compliance as defined in
				  G.S.
				  131D-4.2. If the Department of Health and
				  Human Services (DHHS) finds good cause for delay, it may extend the deadline
				  for filing the report for up to an additional 30 days. A good cause is an
				  action that is uncontrollable by the provider.
(b) The cost report shall be submitted on
				  forms provided by the Office of the DHHS Controller.
The Department of Health and Human Services shall make the
					 cost report format available to each facility on or before the last day of the
					 fiscal year report period.
Authority
					 G.S.
					 143B-10; S.L. 1999-334;
Eff.
					 August 1, 1998;
Temporary Amendment Eff. September 24,
					 1999;
Temporary Amendment Expired July 11, 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - PROCEDURE › Section .1200 - GUARDIANSHIP: DISINTERESTED PUBLIC AGENT › Section 01A .1201 - UNIFORM ACCOUNTING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any disinterested public agent appointed as general guardian or guardian of the
				  person must file status reports with the designated agency, if one has been
				  appointed. The initial status report shall be filed within six months after the
				  appointment of the guardian. The second status report shall be filed one year
				  after the guardian's appointment and subsequent status reports shall be filed
				  annually thereafter. If no designated agency is appointed, the status reports
				  shall be kept on file by the guardian.
(b) Any disinterested public agent appointed
				  as general guardian or guardian of the estate must file financial reports with
				  the clerk of superior court in accordance with
				  G.S.
				  35A-1253.
Authority
					 G.S.
					 35A-1216;
Eff. July 1,
					 1984;
Amended Eff. November 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - LOCAL HUMAN SERVICE AGENCIES › Section .0100 - VIOLATIONS OF PERSONNEL RULES BY LOCAL HUMAN SERVICES AGENCIES › Section 01B .0101-.0102 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-139.1;
Eff. July 6,
					 1977;
Amended Eff. March 2, 1992; November 1, 1989;
Expired Eff. May 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - LOCAL HUMAN SERVICE AGENCIES › Section .0200 - MINIMUM ADMINISTRATIVE STANDARDS FOR LOCAL HUMAN SERVICE PROGRAMS › Section 01B .0201-.0204 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(e) and (j);
					 143B-139.1;
Eff.
					 July 1, 1980;
Amended Eff. November 1, 1989;
Expired
					 Eff. May 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - LOCAL HUMAN SERVICE AGENCIES › Section .0300 - PERSONNEL STANDARDS › Section 01B .0301 - FEDERAL PERSONNEL STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
Each local human service agency that receives funds through
					 the department from a federal program that has a requirement for the
					 establishment and maintenance of personnel standards on a merit basis must
					 comply with "Standards for a Merit System of Personnel Administration," which
					 are established by the federal Office of Personnel Management. A copy of these
					 standards and a list of the applicable federal programs is available from the
					 Office of State Personnel located at 116 West Jones Street, Raleigh, North
					 Carolina 27611, which is open during regular business hours.
Authority
					 G.S.
					 143B-139.1;
Eff. July 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - LOCAL HUMAN SERVICE AGENCIES › Section .0300 - PERSONNEL STANDARDS › Section 01B .0302 - STATE PERSONNEL COMMISSION STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
Every local human service agency must comply with
					 applicable rules and regulations of the State Personnel Commission as found in
					 1 NCAC
					 08, including but not limited to:
(1) Equal employment opportunity;
(2) Affirmative action;
(3) Policies for local government employment
				  subject to the State Personnel Act;
(4) "Local classification and salary
				  range";
(5) "Compensation policy
				  for local competitive service employees"; and
(6) "Competitive service
				  announcements."
Authority
					 G.S.
					 126-1;
					 126-5;
					 143B-10(e) and
					 (j);
					 143B-139.1;
Eff.
					 July 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - LOCAL HUMAN SERVICE AGENCIES › Section .0300 - PERSONNEL STANDARDS › Section 01B .0303 - DEPARTMENTAL PERSONNEL STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Every local human service agency shall have a written grievance procedure
				  accessible to all employees.
(b)
				  The staff of all local human service agencies must meet the minimum
				  qualifications established by the Personnel Services Division of the
				  department, or by the appropriate division, and which have been approved by the
				  State Personnel Commission.
(c)
				  Failure to comply with federal or state personnel standards as referenced in
				  Section.0200 of this Subchapter shall make a local human service agency subject
				  to the provisions of Section.0900 of this Subchapter.
Authority
					 G.S.
					 143B-139.1;
Eff. July 1,
					 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 23,
					 2017.