reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter M - CONTRIBUTORY DEATH BENEFIT FOR RETIRED MEMBERS › Section .0300 - CONTRIBUTIONS AND BENEFITS › Section 02M .0307 - BENEFITS PAYABLE AFTER CANCELLATION

Current through Register Vol. 39, No. 2, July 15, 2024
Should death of a former member occur on or after the
					 effective date of cancellation of coverage, benefits under the Contributory
					 Death Benefit for Retired Members shall not be due and shall not be
					 payable.
Authority
					 G.S.
					 120-4.10;
					 120-4.27;
					 128-27(l2);
					 128-27(l3);
					 128-27(l4);
					 128-27(l5);
					 128-27(l6);
					 128-28(g);
					 135-5(l);
					 135-6(f);
					 135-64(g);
Eff. February 1, 1989;
Amended Eff. March 1,
					 2023.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter M - CONTRIBUTORY DEATH BENEFIT FOR RETIRED MEMBERS › Section .0300 - CONTRIBUTIONS AND BENEFITS › Section 02M .0308 - REFUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No refund of
				  contributions or interest shall be made if coverage is cancelled by reason of
				  non-payment of contributions or if written notice of cancellation is received
				  90 or more days after the effective date of coverage.
(b) Refund of contributions without interest
				  may be made if coverage is cancelled by written notice of cancellation received
				  prior to 90 days after the effective date of coverage.
Authority
					 G.S.
					 120-4.10;
					 120-4.27;
					 128-27(l2);
					 128-28(g);
					 135-5(l);
135-6(f); 135-64(g);
Eff. February 1,
					 1989.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0100 - ORGANIZATION OF THE FUND › Section 02N .0101-.0104

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 118-21;
					 118-19;
					 143A-27;
Eff.
					 February 1, 1976;
Repealed Eff. June 1, 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1,
					 1993.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0100 - ORGANIZATION OF THE FUND › Section 02N .0105 - EXPIRED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 58-86-10;
Eff. June 1,
					 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1, 1993;
Amended Eff.
					 October 1, 1993;
Expired Eff. November 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0100 - ORGANIZATION OF THE FUND › Section 02N .0106 - OFFICE OF THE DIRECTOR

Current through Register Vol. 39, No. 2, July 15, 2024
The mailing and physical address of the Office of the
					 Director of the Retirement Systems Division is Retirement Systems Division,
					 Department of State Treasurer, 3200 Atlantic Avenue, Raleigh, North Carolina
					 27604. Office hours are from 8 a.m. to 5 p.m., Mondays - Fridays, except State
					 holidays.
Authority
					 G.S.
					 58-86-10;
Eff. June 1,
					 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1, 1993;
Amended Eff.
					 October 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 21, 2018;
Amended Eff.
					 March 1, 2023; September 1, 2019.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0100 - ORGANIZATION OF THE FUND › Section 02N .0107 - EXPIRED - BOARD OF TRUSTEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 58-86-10;
Eff. June 1,
					 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1, 1993;
Amended Eff.
					 October 1, 1993;
Expired Eff. November 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0100 - ORGANIZATION OF THE FUND › Section 02N .0108 - DIVISIONAL RULES

Current through Register Vol. 39, No. 2, July 15, 2024
The following rules are hereby incorporated by reference
					 including subsequent amendments to the rules:
(1) Rules
				  20 NCAC
				  02A .0101,
				  02A .0102, and .0103;
(2) Sections
				  20 NCAC
				  02A .0200,
				  02A .0300, and .0400;
				  and
(3) Rule
				  20 NCAC
				  02A .0504.
Authority
					 G.S.
					 58-86-10;
					 150B-21.6;
Eff.
					 October 1, 1993;
Readopted Eff. March 1,
					 2023.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0200 - GENERAL PROVISIONS › Section 02N .0201-.0205

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 118-20;
					 118-21;
					 118-23;
Eff. February
					 1, 1976;
Repealed Eff. June 1, 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1,
					 1993.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0200 - GENERAL PROVISIONS › Section 02N .0206-.0207 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 58-86-10;
					 58-86-25;
					 58-86-30;
Eff. June 1,
					 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1, 1993;
Amended Eff.
					 December 1, 1993;
Expired Eff. November 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0200 - GENERAL PROVISIONS › Section 02N .0208 - APPLYING FOR MEMBERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Only eligible
				  firefighters or eligible rescue squad workers may join the pension fund. In
				  order to join the pension fund they must complete the application for
				  membership and return it to the office of the Director.
(b) Applications for membership may be
				  obtained from the office of the Director at the address shown in Rule .0106 of
				  this Subchapter. The application asks for general information, including the
				  applicant's name, address, social security number, date of birth, phone number,
				  email address, gender, fire department or rescue squad, his or her first
				  employment date with that department or squad, and requires a signature by an
				  authorized representative of the fire department or rescue squad.
(c) After the Director has received and
				  approved the application and received the monthly payment required by
				  G.S.
				  58-86-35 or
				  58-86-40, the Director shall
				  enroll the applicant in the pension fund.
Authority
					 G.S.
					 58-86-10;
					 58-86-35;
					 58-86-40;
Eff. June 1,
					 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1, 1993;
Amended Eff.
					 December 1, 1993;
Readopted Eff. March 1,
					 2023.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0200 - GENERAL PROVISIONS › Section 02N .0209-.0214 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 58-86-10;
					 58-86-30;
					 58-86-35;
					 58-86-40;
					 58-86-45;
					 58-86-75;
					 58-86-85;
Eff. June 1,
					 1988;
Recodified from
					 03 NCAC
					 03 Eff. May 1, 1993;
Amended Eff.
					 December 1, 1993; October 1, 1993;
Expired Eff. November 1, 2018
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0200 - GENERAL PROVISIONS › Section 02N .0215 - MILITARY SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any member who
				  enters the armed forces may take a military leave of absence as provided by
				  Paragraph (b) of this Rule, continue to receive service credit as provided by
				  Paragraph (c) of this Rule, or withdraw from the pension fund and seek a
				  refund.
(b) To take a military
				  leave of absence a member shall provide written notice to the office of the
				  Director that the member is taking such leave. The member shall specify in the
				  notice the branch of the armed forces the member is entering and the expected
				  dates of entry and discharge. The member shall deliver the notice to the office
				  of the Director no later than six months after the member ceases service as an
				  eligible firefighter or an eligible rescue squad worker, whichever is
				  applicable, or the member will be deemed to have withdrawn from the pension
				  fund. No member may remain on military leave of absence for more than one
				  normal draft or enlistment period, whichever is applicable. Any member who has
				  taken a military leave of absence shall commence service as either an eligible
				  firefighter or an eligible rescue squad worker within six months after the
				  expiration of a normal draft or enlistment period, whichever is applicable, or
				  within six months after the member's discharge if that occurs earlier, or else
				  the member will be deemed to have withdrawn from the pension fund.
(c) Any member who enters the armed forces
				  shall continue to receive service credit if the member notifies the office of
				  the Director in writing of the member's intent to do so and if the member
				  continues to make monthly payments required by
				  G.S.
				  58-86-35 or
				  58-86-40. Credit for time served
				  in the armed forces is limited to one normal draft or enlistment period,
				  whichever is applicable.
Authority
					 G.S.
					 58-86-10;
Eff. June 1,
					 1988;
Recodified from
					 03 NCAC
					 03 Eff. May 1, 1993;
Amended Eff.
					 December 1, 1993;
Readopted Eff. March 1,
					 2023.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0200 - GENERAL PROVISIONS › Section 02N .0216-.0217 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 58-86-10;
					 58-86-60;
Eff. June 1,
					 1988;
Recodified from
					 03 NCAC
					 03 Eff. May 1, 1993;
Amended Eff.
					 December 1, 1993;
Expired Eff. November 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0200 - GENERAL PROVISIONS › Section 02N .0218 - REPEALED - RETIREMENT BENEFITS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 58-86-10;
					 58-86-55;
Eff. June 1,
					 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1, 1993;
Amended Eff.
					 December 1, 1993;
Repealed Eff. March 1,
					 2023.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0200 - GENERAL PROVISIONS › Section 02N .0219 - REFUNDS OF DECEASED MEMBERS' PAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
In order to receive the lump sum payment for deceased
					 members provided by
					 G.S.
					 58-86-60(2) and (3), the
					 person or persons entitled to such payment shall file with the office of the
					 Director a death certificate and a letter requesting the payment. The amount of
					 the payment will be determined in accordance with
					 G.S.
					 58-86-60 and, accordingly, no interest will
					 be paid on the monthly payments.
Authority
					 G.S.
					 58-86-10;
					 58-86-60;
Eff. June 1,
					 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1, 1993;
Amended Eff.
					 December 1, 1993;
Readopted Eff. March 1,
					 2023.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0300 - ADMINISTRATIVE RULEMAKING PROCEDURES › Section 02N .0301-.0304

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 118-21;
					 150A-11;
					 150A-12;
					 150A-16;
					 150A-17;
Eff.
					 February 1, 1976;
Repealed Eff. June 1, 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1,
					 1993.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0300 - ADMINISTRATIVE RULEMAKING PROCEDURES › Section 02N .0305-.0313

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 118-35;
					 150B-11(1);
					 150B-12;
					 150B-12(e);
					 150B-16;
					 150B-17;
Eff. June
					 1, 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1, 1993;
Repealed
					 Eff. October 1, 1993.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0400 - ADMINISTRATIVE ADJUDICATORY PROCEDURES › Section 02N .0401-.0415

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 118-21;
					 150A-2(2);
					 150A-23;
					 150A-24;
					 150A-25(a);
					 150A-27;
150A-31;
					 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24;
Eff.
					 February 1, 1976;
Repealed Eff. June 1, 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1,
					 1993.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter N - FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND › Section .0500 - PENSION FUND REGULATIONS › Section 02N .0501-.0508

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 118-21;
					 118-23;
					 118-24;
					 118-25;
					 118-26;
					 118-29;
Eff. February
					 1, 1976;
Repealed Eff. June 1, 1988;
Recodified from
					 3 NCAC
					 03 Eff. May 1,
					 1993.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 02 - RETIREMENT SYSTEMS › Subchapter O - DISABILITY INCOME PLAN OF NORTH CAROLINA › Section .0100 - GENERAL ADMINISTRATION › Section 02O .0101-.0103

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 135-101(6);
					 135-102(c);
					 135-105(a);
Eff. April 1, 2004;
Repealed Eff. January 1,
					 2005.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0101 - ORGANIZATION AND FUNCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Local Government Commission operates as a division of the Department of the
				State Treasurer and is the state's agency charged with the duty of advising and
				assisting officials of local governments (counties, cities, towns, public
				authorities, special districts) in all phases of fiscal management. It promotes
				the efficient use of monetary resources of local governments through sound
				fiscal management, careful borrowing, and sound debt management
				practices.
(b) The following is
				general information about the Local Government Commission:
(1) The chief officer is the Secretary of the
				Local Government Commission;
(2)
				The mailing address is 3200 Atlantic Avenue, Raleigh, North Carolina 27604;
				and
(3) The office is located in
				the Longleaf Building, 3200 Atlantic Avenue, Raleigh, North Carolina
				27604.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The words and phrases defined in this Rule will have the
				  meanings indicated when used in this Chapter, unless the context clearly
				  requires another meaning:
(1)
				Commission is the Local Government Commission.
(2) Secretary is the Secretary of the Local
				Government Commission.
(3)
				Government unit includes "public authority", "special district" and "unit" as
				defined in
				G.S.
				159-7; "local school administrative unit" as
				defined in
				G.S.
				115C-5 and wherever applicable "public
				hospital" as defined in
				G.S.
				159-39.
(4) "Generally accepted accounting
				principles" are those accounting principles promulgated by the Governmental
				Accounting Standards Board (GASB), or, if the GASB has not issued any
				pronouncements, the accounting principles promulgated by the Financial
				Accounting Standards Board (FASB), or, if neither the GASB nor FASB has issued
				any pronouncements, such authoritative literature as may be generally
				accepted.
(5) "Generally accepted
				auditing standards" are the auditing standards contained in the series
				"Statements on Auditing Standards" published by the American Institute of
				Certified Public Accountants beginning with statement No. 1 in 1973.
Authority
				  G.S.
				  115C-436(b);
				  159-3(f);
				  159-26(e);
Eff. February 1, 1976;
Readopted Eff. September 23,
				  1977;
Amended Eff. August 1, 1987; April 1, 1985;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0103 - RULE-MAKING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
									20 NCAC
				01F .0100 shall govern the issuance of rules
				by the Commission.
(b) All
				correspondence shall be addressed to the Secretary at the mailing address of
				the Commission.
Authority
				  G.S.
				  150B-11;
				  159-3(f);
Eff. February 1, 1976;
Readopted Eff. September 23,
				  1977;
Amended Eff. August 1, 1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0104 - DECLARATORY RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
									20 NCAC
				01F .0200 shall govern the issuance of
				declaratory rules by the Commission.
(b) All correspondence shall be addressed to
				the Secretary at the mailing address of the Commission.
Authority
				  G.S.
				  150B-11;
				  159-3(f);
Eff. February 1, 1976;
Readopted Eff. September 23,
				  1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0105 - CONTESTED CASE PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
									20 NCAC
				01F .0300 shall govern the hearings and
				decisions in contested cases.
(b)
				All correspondence shall be directed to the Secretary at the mailing address of
				the Commission.
Authority
				  G.S.
				  150B-11;
				  159-3(f);
Eff. February 1, 1976;
Readopted Eff. September 23,
				  1977;
Amended Eff. August 1, 1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0106 - ADDITIONAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission or the secretary may, at any time, require
				  from any party alleging a specific interest in an issue additional information,
				  conference or documents when such additional information, conferences or
				  documents will, in their opinion, result in a more equitable resolution of an
				  issue before them.
Authority
				  G.S.
				  159-3(f);
Eff.
				  February 1, 1976;
Readopted Eff. September 23, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0107 - OTHER REQUESTS FOR ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule
				applies in all cases for which specific procedures are not provided elsewhere
				in this Chapter.
(b) All requests
				for action shall be addressed to the Secretary at the mailing address of the
				Commission.
(c) Each request for
				action shall include the following information:
(1) cover letter which includes:
(A) name and address of the
				petitioner,
(B) brief description
				of circumstances and action requested,
(C) statutory basis for request and for
				action,
(D) signature of
				petitioner;
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0108 - STATUS OF MEMORANDA: STATEMENTS AND PUBLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Commission may from time to time issue memoranda, statements and publications
				for the guidance of local officials and other interested parties. These
				documents are intended to be explanatory in nature, and not intended to be
				binding on anyone. They are intended to set forth procedures, etc. which the
				Commission believes a prudent man would follow under the circumstances outlined
				in the document and be able to comply with the requirements of good accounting
				practice, state law and regulations, and any specified federal law and
				regulations. Care must be taken by each governmental unit that their own
				specific circumstances are not so different from the normal circumstances that
				other procedures should be used.
(b) In proceedings before the Commission, the
				Commission will consider the use of the recommended procedures to be proper and
				to have been used in good faith unless specific evidence exists to the
				contrary. The Commission may require written justification for the use of any
				other procedures which give rise to allegations of impropriety.
Authority
				  G.S.
				  159-3(f);
Eff.
				  February 1, 1976;
Readopted Eff. September 23, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0109 - ENFORCEMENT PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule shall
				apply to all enforcement proceedings of the commission under the provisions of
				Chapter 159 of the General Statutes, including, but not necessarily limited to,
				G.S.
				159-26(c),
				G.S.
				159-33,
				G.S.
				159-36,
				G.S.
				159-37,
				G.S.
				159-39(e), G.S. 159, Article
				10, and G.S. 159, Article 11.
(b)
				Action to enforce a statute shall begin when the Secretary finds that a
				reasonable cause exists to believe that the provisions of a particular statute
				have been violated.
(c) Immediately
				thereafter, the Secretary shall notify the governmental unit or the person
				involved of the findings of reasonable cause, of the alleged facts of the case
				and the statute which is alleged to have been violated. The notice shall
				request an answer to the allegations within 14 days from the mailing date of
				the notice.
(d) There shall be set
				up an informal conference between the party(s) notified and the staff of the
				Commission no later than seven days after the receipt by the Commission of the
				answer to the allegations. At the conference, the Commission shall try to reach
				an agreement with the other party(s) in which the act(s) alleged are
				corrected.
(e) If the answer
				requested in Paragraph (c) of this Rule is not received by the Commission
				within the time limit specified or an agreement cannot be reached under
				Paragraph (d) of this Rule, the Secretary shall submit to the Commission a
				summary of the findings and events to date together with his suggestion on the
				proper action to be taken by the Commission.
(f) Whenever he believes it necessary to
				safeguard assets of a governmental unit, the Secretary may shorten or omit any
				step of the procedure up to his report of the situation to the
				Commission.
(g) If the Commission,
				thereafter, decides to proceed with an action to enforce a statute, the
				Commission shall proceed under the procedures outlined in
				20 NCAC
				03 .0105.
Authority
				  G.S.
				  159-3(f);
Eff.
				  February 1, 1976;
Readopted Eff. September 23, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0110 - MAILING LISTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				shall maintain the following mailing lists:
(1) potential bidders for bonds and notes of
				governmental units,
(2) active
				governmental units,
(3) certified
				public accountants currently performing audits for governmental
				units.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0111 - SETTING FEES ON REVENUE BOND APPROVALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fees
				shall be collected for all actions of the Commission in connection with the
				approval or denial of bonds or notes, or other participation in the sale, award
				or delivery of bonds or notes except general obligation bonds or
				notes.
(b) The Secretary shall
				recommend to the commission from time to time changes in the schedule of fees.
				To the extent possible the fees recommended shall be the average direct cost to
				the state for personal and other services rendered on each category of fee to
				be charged.
(c) Fees shall be
				payable prior to a final request for approval or participation by the
				Commission.
Authority
				  G.S.
				  159-6;
Eff. August 1,
				  1983;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0112 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following fees shall be charged for
				services rendered or to be rendered for each category of bonds and notes set
				forth:
(1) Bonds sold pursuant to G.S. 159D,
				Article 2 $12,500.00
(2) Bonds sold
				pursuant to G.S. 131A $ 8,750.00
(3) Bonds sold pursuant to G.S. 159B
				$12,500.00
(4) Bonds sold pursuant
				to G.S. 159C $ 6,125.00
(Except for bonds for industrial development or
pollution control for which the fee shall be
				  $2,500.00.)
(5) Bonds sold
				for Industrial Facilities and Pollution Control
projects, pursuant to G.S. 159D, Article 1 (per participant)
				  $ 2,500.00
(6) All other
				bonds sold pursuant to G.S. 159D $ 2,500.00
(7) Bonds sold pursuant to G.S. 159I
				$12,500.00
(8) All notes issued in
				anticipation of issuance of a bond for
which a fee is set forth herein $ 1,250.00
(9) Revenue bonds sold pursuant to G.S. 159,
				Article 5 and
all other approvals and issues of debt receiving Local
Government Commission approval, other than general
obligation bonds. $12,500.00
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0200 - APPROVAL OF DEBT OBLIGATIONS › Section 03 .0201 - REPEALED - LIMITS OF RULES: STATUTORY CONTROLS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  159-3(f);
Eff.
				  February 1, 1976;
Readopted Eff. September 23, 1977;
Repealed Eff. April 1, 1985.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0200 - APPROVAL OF DEBT OBLIGATIONS › Section 03 .0202 - APPROVAL OF GENERAL OBLIGATION BONDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Secretary may require the governing body and other policy-making officials of
				the governmental unit to attend a preliminary conference to consider the
				proposed bond issue. The agenda of a preliminary conference, if held, may
				include:
(1) discussion of the proposed uses
				for the proceeds of the bond issue,
(2) discussion of the legality or
				appropriateness of the bond issue,
(3) discussion of the adequacy of the
				accounting and internal control systems of the governmental unit,
(4) discussion of the application procedure
				and the documents required,
(5)
				discussion of such other matters as the Secretary deems appropriate.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0200 - APPROVAL OF DEBT OBLIGATIONS › Section 03 .0203 - ADDITIONAL DOCUMENTS TO BE FILED

Current through Register Vol. 39, No. 2, July 15, 2024
Each governmental unit for which bonds have been approved
				  shall submit to the Commission copies of all documents required to be submitted
				  to the bond counsel of the unit in connection with the sale of the approved
				  bonds.
Authority
				  G.S.
				  159-3(f);
Eff.
				  February 1, 1976;
Readopted Eff. September 23, 1977;
Amended Eff. April 1, 1985;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0200 - APPROVAL OF DEBT OBLIGATIONS › Section 03 .0204 - APPROVAL OF REVENUE BONDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a
				governmental unit wishes to apply for approval of a revenue bond issue, the
				officials of the unit should arrange a preliminary conference with the staff of
				the Commission.
(b) At the
				preliminary conference the following matters may be discussed:
(1) the nature and feasibility of the
				proposed project;
(2) the need for
				the project;
(3) the feasibility of
				selling the proposed bonds;
(4) the
				unit's debt management policies and practices;
(5) the adequacy of the unit's accounting
				system and internal control;
(6)
				any other matters relating to the unit, to the proposed project, or to the
				proposed bond issue;
(7) the
				procedures for application of approval to be used in that case.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0200 - APPROVAL OF DEBT OBLIGATIONS › Section 03 .0205 - APPROVAL OF TAX ANTICIPATION NOTES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications
				shall be filed on forms designated by the Secretary for this purpose.
(b) The governmental unit shall submit all
				documents relating to the application which are requested by the
				Secretary.
(c) The Commission may
				consider the following factors:
(1) the
				necessity and expediency for issuance of the notes;
(2) the reasonableness of budget estimates of
				taxes and other revenues;
(3) the
				adequacy of the budget, including funding of prior year's deficits;
(4) the availability of cash resources other
				than tax revenues, including redemption of unmatured investments;
(5) the ratio of uncollected taxes to the
				amount of the levy;
(6) the
				percentage of collection of taxes for prior years;
(7) the unit's tax collection
				procedures;
(8) the ability of the
				unit to appropriate funds to pay for costs and interest due on the tax
				anticipation notes;
(9) the
				adequacy of the unit's accounting and internal control system;
(10) any other information the Commission
				considers to be applicable to the circumstances.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0200 - APPROVAL OF DEBT OBLIGATIONS › Section 03 .0206 - APPROVAL OF REVENUE ANTICIPATION NOTES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a
				governmental unit wishes to apply for approval of revenue anticipation notes,
				the officials of the unit shall arrange a conference with the staff of the
				Commission. The Secretary may waive the requirement for a preliminary
				conference.
(b) At the preliminary
				conference, the following matters may be discussed:
(1) the need for the proposed
				notes,
(2) the feasibility of
				selling the proposed notes,
(3) the
				adequacy of the unit's accounting system and internal control,
(4) any other matters relating to the unit or
				the proposed notes,
(5) the
				procedures for application for approval of the proposed notes.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0200 - APPROVAL OF DEBT OBLIGATIONS › Section 03 .0207 - APPROVAL OF GRANT ANTICIPATION NOTES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a
				governmental unit wishes to apply for approval of grant anticipation notes, the
				officials of the unit shall arrange a conference with the staff of the
				Commission. The Secretary may waive the requirement for a preliminary
				conference.
(b) At the preliminary
				conference, the following matters may be discussed:
(1) the need for the proposed
				notes,
(2) the feasibility of
				selling the proposed notes,
(3) the
				adequacy of the unit's accounting system and internal control,
(4) any other matters relating to the unit or
				the proposed notes,
(5) the
				procedures for application for approval of the proposed notes.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0200 - APPROVAL OF DEBT OBLIGATIONS › Section 03 .0208 - SPECIAL PURPOSE BONDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule is
				applicable to all special bonds required to be approved by the Local Government
				Commission under authority of statutes other than Chapter 159 of the North
				Carolina General Statutes.
(b)
				Insofar as is practicable, the procedures in .0204 of this Section shall be
				followed. The Secretary may establish additional procedures appropriate to the
				circumstances.
Authority
				  G.S.
				  159-3(f);
Eff.
				  September 23, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0300 - SALE AND DELIVERY OF BONDS AND NOTES › Section 03 .0301 - PRESALE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Secretary
				may fix the date for the sale of any bonds or notes at any date after the
				Commission has approved the bonds or notes. Before fixing the date, the
				following may be considered:
(1) the need of
				the governmental unit for the proceeds of the bonds or notes;
(2) the current financial condition of the
				governmental unit;
(3) requirements
				of federal or state agencies financing, in whole or in part, a project to be
				financed by the bonds or notes;
(4)
				requirements or restrictions of the Internal Revenue Service and any regulatory
				agencies relating to the issuance of bonds or notes;
(5) competing sales by other governmental
				units or the State of North Carolina;
(6) concurrence of the bond attorney for the
				governmental unit;
(7) current
				conditions in the market for local government obligations;
(8) such other factors that may affect the
				sale of the bonds or notes.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0300 - SALE AND DELIVERY OF BONDS AND NOTES › Section 03 .0302 - SALE OF BONDS OR NOTES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				instructions apply to sealed bids of bonds or notes:
(1) Bids shall be opened on the hour and date
				specified in the notice of sale or as soon thereafter as is practical. No bids
				may be accepted after such date and hour.
(2) Any bid that is not complete or does not
				comply with the terms set out in the notice of sale shall be
				rejected.
(3) The bonds or notes
				shall be awarded in accordance with the notice of sale and applicable
				laws.
(4) The Secretary reserves
				the right to reject all bids.
(5)
				It shall be the duty of the representative, authorized by the governing board
				to accept or reject the award on behalf of the governmental unit, to be
				available at the business offices of the governmental unit for confirmation or
				rejection of the award of the bonds or notes to the lowest bidder. No attempt
				to reject the bids shall be valid after 12 noon on the date the bids were
				opened without the consent of the lowest bidder, provided that the Secretary or
				his designee has telephoned the business office of the governmental unit or
				otherwise informed the authorized representative of the amount of the lowest
				bid within a reasonable time after the opening of the bids.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0300 - SALE AND DELIVERY OF BONDS AND NOTES › Section 03 .0303 - DELIVERY OF BONDS OR NOTES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Secretary shall deliver, or cause to be delivered, the bonds or notes for the
				account of the State Treasurer to the place of delivery, designated in the
				accepted bid and shall provide the purchaser and bond counsel such documents
				and certifications required by law.
(b) The State Treasurer shall direct the
				disposition of the proceeds, in a direct and timely manner, in accordance with
				the applicable law.
Authority
				  G.S.
				  159-3(f);
Eff.
				  February 1, 1976;
Readopted Eff. September 23, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0300 - SALE AND DELIVERY OF BONDS AND NOTES › Section 03 .0304 - FEES FOR SALE AND DELIVERY OF BONDS

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary shall submit to the governmental unit for
				  payment an invoice or bill for the direct and indirect costs of sale and
				  delivery of the bonds and notes.
Authority
				  G.S.
				  159-3(f);
Eff.
				  February 1, 1976;
Readopted Eff. September 23, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0300 - SALE AND DELIVERY OF BONDS AND NOTES › Section 03 .0305 - MATURITIES OF BONDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The maximum
				period of usefulness of capital projects for which units of local government
				may issue bonds are as follows:
(1) 10 years
				from the date of the bonds used to finance the following classes of
				improvements and properties:
(A) vehicles,
				including fire engines, fire trucks, hose carts, ambulances, police cars and
				patrol wagons, sanitation and solid waste disposal trucks or any vehicle for
				use in any department or by any official of the unit of local
				government;
(B) voting
				machines;
(C) fire or police alarms
				and communication systems for use of any department of the unit of
				government;
(D) any equipment,
				machinery, apparatus, furnishings or other personal property acquired in any
				manner other than incident to the construction of a new building, major
				renovation of an existing building, the construction of a sanitary landfill, or
				the construction or major renovation of a park or playground
				facility;
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0400 - ACCOUNTING AND INTERNAL CONTROLS › Section 03 .0401 - ACCOUNTING AND INTERNAL CONTROL SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				standard for accounting systems and internal control systems for governmental
				units shall be the Uniform Accounting System for Local Government in North
				Carolina published by the Commission or, where applicable, a uniform accounting
				system for the particular type of public authority when issued by the
				Commission. This standard will be used with due regard to the size, complexity
				and total budget of the governmental unit. It shall be the responsibility of
				such governmental unit to justify deviations from the standards which result in
				any weakening of internal control or failure to provide information otherwise
				required by law, contract or regulation.
(b) In addition to the maintenance of
				accounting data on a departmental basis, each governmental unit shall maintain
				program accounting records wherever required to conform to the requirements
				established by law, by published regulation or by contract to which the
				governmental unit is a party. Provided, however, that no governmental unit
				shall be required to maintain details in the accounting records when such
				information is not furnished by autonomous or semi-autonomous agency prior to
				the actual recording of the various transactions.
(c) No trust and agency fund shall include
				any disbursements to any party not a direct beneficiary of the trust or agency
				agreement. Wherever the governmental unit is itself a beneficiary of a trust
				fund, the amounts to be expended shall be transferred to another appropriate
				fund and expended in accordance with law.
(d) Appropriation is defined to mean an
				authorization by the governing board of the governmental unit to make
				expenditures and to incur obligations for specific purposes. All appropriations
				are contained either in the annual budget ordinance, in a lawful amendment
				thereto, or in a project ordinance.
(e) A fund established to account only for
				assessments for county roads pursuant to
				G.S.
				153A-205 may be considered an agency fund
				provided that the only expenditures from the fund are paid to the state for
				construction costs or to the general fund for repayment of working capital
				advances or for the amount of interest and penalties collected.
Authority
				  G.S.
				  159-25(c);
				  159-26(e);
Eff. February 1, 1976;
Readopted Eff. September 23,
				  1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0400 - ACCOUNTING AND INTERNAL CONTROLS › Section 03 .0402 - REVENUES SUSCEPTIBLE TO ACCRUAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				basis of accounting specified in this Rule shall apply only to the required
				treatment for the purposes of budgeting and accounting. For financial statement
				purposes, all revenues may be treated in the alternative as provided by
				generally accepted accounting principles.
(b) The revenues listed below shall not be
				considered susceptible to accrual under the modified accrual basis of
				accounting. For budgetary purposes, these revenues shall be considered to be
				revenues of the governmental unit only to the extent that they can reasonably
				be expected to be received in cash prior to the end of the budget year. For
				accounting purposes, these revenues shall be recorded as revenues of the
				governmental unit only to the extent that they are actually received in cash
				before the end of the fiscal year:
(1)
				current year's property taxes;
(2)
				prior year's property taxes;
(3)
				all taxes collected by the state and remitted thereafter to the governmental
				unit including but not limited to:
(A) state
				street aid (Powell Bill),
(B)
				intangible tax,
(C) local option
				sales tax,
(D) beer and wine
				taxes,
(E) utility franchise
				taxes;
(4) general
				federal revenue sharing, including payments for a specific entitlement period
				but actually remitted after the end of the fiscal year of the governmental
				unit.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0400 - ACCOUNTING AND INTERNAL CONTROLS › Section 03 .0403 - EXPIRED - APPROVAL TO USE ACCRUAL BASIS ACCOUNTING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  159-26(e);
Eff.
				  February 1, 1976;
Readopted Eff. September 23, 1977;
Expired Eff. February 1, 2018 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0400 - ACCOUNTING AND INTERNAL CONTROLS › Section 03 .0404 - REPEALED - COLLATERAL TO SECURE CASH DEPOSITS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  115-100.27(b);
				  159-31(b);
Eff. February 1, 1976;
Readopted Eff. September 23,
				  1977;
Repealed Eff. August 1,
				  1980.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 03 - LOCAL GOVERNMENT COMMISSION › Section .0400 - ACCOUNTING AND INTERNAL CONTROLS › Section 03 .0405 - COMMENTS TO FEDERAL AND STATE GRANTOR AGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				request from a federal or state agency requesting comment by the Commission on
				the accounting system and internal controls of a governmental unit which has
				applied to it for a grant or loan shall be presumed to have been made with the
				knowledge and consent of the governmental unit.
(b) Comments shall be based on a comparison
				of the governmental units accounting system and internal controls with the
				standards set forth in
				20 NCAC
				03 .0401 with particular attention to the
				following areas, as applicable:
(1) the chart
				of accounts,
(2)
				purchasing,
(3) receipt and
				disbursement of cash,
(4)
				investment policies,
(5)
				inventories,
(6) fixed asset
				ledgers,
(7) payrolls,
(8) billings and accounts
				receivable,
(9) degree of currency
				of posting journals and ledgers,
(10) policies concerning interim financial
				statements.