reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 07 - COLLATERALIZATION OF DEPOSITS › Section .0600 - ENFORCEMENT › Section 07 .0603 - ACCELERATION OF MATURITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Whenever any depository shall fail to correct a deficiency in collateral
				pursuant to this Chapter, including but not limited to Rule
				20 NCAC
				07 .0202(e), the State
				Treasurer or the public depositor of a participating unit, as the case may be,
				shall cause to be made an oral demand to the depository to correct the
				deficiency.
(b) The public
				depositor, in the case of the Dedicated Method, shall report any failure of a
				depository to correct a deficiency in the collateral pursuant to this Chapter
				to the State Treasurer no less than one full work day after the oral request to
				correct the deficiency. This report shall include a full statement of the
				circumstances surrounding the deficiency. The report shall be oral but shall be
				immediately followed by a written report.
(c) The State Treasurer, after receiving the
				oral report from a public depositor pursuant to Paragraph (b) or no less than
				one full work day after the oral request was made in his name to a depository
				which fails to correct the deficiency in the collateral required by this
				Chapter, shall issue a written request to the depository to correct a
				deficiency in the collateral required by this Chapter. The depository may
				request an informal hearing before the State Treasurer within seven days of the
				receipt of the request. The appeal of the ruling by the State Treasurer shall
				be a contested case heard pursuant to Subchapter 1F of this Title.
(d) Any depository which after receiving the
				written request to correct a deficiency in the collateral does not correct the
				deficiency shall be subject to the provision of automatic acceleration of time
				deposits of public depositors having fixed maturities. On or after seven days
				from the receipt of the written request sent pursuant to Paragraph (c) of this
				Rule or three days from the receipt of the written decision of the State
				Treasurer arising from the hearing, the State Treasurer may cause all time
				deposits having fixed maturities to be accelerated and become due and payable
				on demand without any loss in interest through the date actually paid by the
				depository.
Authority
				  G.S.
				  115C-444(b);
				  147-79;
				  159-31(b);
Eff. November 1, 1983;
Amended Eff. April 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 5,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0100 - GENERAL AND ADMINISTRATION › Section 08 .0101 - ORGANIZATION AND FUNCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Escheat Fund is operated by the Escheat and Unclaimed Property Section of the
				Department of State Treasurer. This section is charged with the collection of
				escheats and abandoned property from all holders, the administration of the
				fund and the processing of claims for escheated property.
(b) The following is general information
				about the Escheat Fund:
(1) The chief officer
				is the Escheat Administrator;
(2)
				The mailing address is Department of State Treasurer, 3200 Atlantic Avenue,
				Raleigh, North Carolina 27604; and
(3) The office is located at 3200 Atlantic
				Avenue, Raleigh, North Carolina.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0100 - GENERAL AND ADMINISTRATION › Section 08 .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The words
				defined in
				G.S.
				116B-52 shall have the same meaning when used
				in this Chapter.
(b) The following
				words and phrases defined in this Rule shall have the meanings indicated when
				used in this Chapter, unless the context clearly requires another meaning:
(1) "Escheats" includes all property, real
				and personal, tangible and intangible which is subject to G.S. 116B.
(2) "Interest-bearing property" means
				property that accrues interest to the owner at a predetermined rate from the
				onset of the contract as explicitly provided in the contract.
(3) "Dividend-paying property" means shares
				of ownership issued by a corporation or an investment company registered under
				the Investment Company Act of 1941 or a master limited partnership which is
				treated as stock by a security market in which it is bought and sold.
(4) "Checking account" means a
				non-interest-bearing account with a financial institution.
(5) "Savings account" means an
				interest-bearing account with a financial institution.
(6) "Date of claim" means the date on which a
				completed, signed, and notarized claim with all required documentation attached
				is received by the Department from the party claiming ownership.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0100 - GENERAL AND ADMINISTRATION › Section 08 .0103 - RULE-MAKING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
All correspondence shall be addressed to the Escheat
				  Administrator at the mailing address of the fund.
Authority
				  G.S.
				  116B-80;
Eff. February 1,
				  1982;
Amended Eff. April 1, 2001; July 1, 1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0100 - GENERAL AND ADMINISTRATION › Section 08 .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 State Treasurer.
(b) All correspondence shall be addressed to
				the Escheat Administrator at the mailing address of the fund.
Authority
				  G.S.
				  116B-80;
Eff. February 1,
				  1982;
Amended Eff. April 1, 2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0100 - GENERAL AND ADMINISTRATION › Section 08 .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 Escheat Administrator at the
				mailing address of the fund.
Authority
				  G.S.
				  116B-80;
Eff. February 1,
				  1982;
Amended Eff. April 1, 2001; July 1, 1987;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0100 - GENERAL AND ADMINISTRATION › Section 08 .0106-.0107

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  116B-36;
				  116B-37;
				  116B-42;
Eff.
				  February 1, 1982;
Repealed Eff. November 1,
				  1988.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0100 - GENERAL AND ADMINISTRATION › Section 08 .0108 - EXPIRED - FEES TO BE COLLECTED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  12-3.1;
				  116B-80;
Eff.
				  February 1, 1982;
Amended Eff. April 1, 2001; November 1,
				  1988;
Expired Eff. January 1, 2017 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0100 - GENERAL AND ADMINISTRATION › Section 08 .0109 - ANNUAL FILING WITH CLERKS OF SUPERIOR COURT

Current through Register Vol. 39, No. 2, July 15, 2024
On or before June 30 of each year, the State Treasurer shall
				  deliver to each clerk of Superior Court a listing of the property escheated for
				  each owner whose address of record is within the county for which the clerk
				  serves; and which were reported during the calendar year next preceding the
				  filing of the list.
Authority
				  G.S.
				  116B-62;
				  116B-80;
Eff.
				  February 1, 1982;
Amended Eff. April 1, 2001;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0100 - GENERAL AND ADMINISTRATION › Section 08 .0110 - EARLY ESCHEATMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If remitted to
				the State Treasurer, property subject to the provisions of G.S. 116B but which
				has not been presumed abandoned under said statute shall be returned to the
				holder unless the holder has received in writing permission from the State
				Treasurer to remit the property prior to the date of presumed
				abandonment.
(b) To request
				permission to remit property to the State Treasurer before its presumed
				abandonment date, the holder must send a letter to the Escheat Officer
				requesting permission to remit the property prior to the date of presumed
				abandonment. The letter must clearly identify the nature and extent of the
				property to be remitted and the reasons for requesting permission to remit the
				property before its required payment date.
(c) The State Treasurer shall not grant
				permission unless its is clearly demonstrated that the early transfer of the
				property is for the benefit of the owner or of the State.
Authority
				  G.S.
				  116B-80;
				  116B-69(b);
Temporary Adoption Eff. February 22, 2000;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0100 - GENERAL AND ADMINISTRATION › Section 08 .0111 - REGISTRATION UNDER G.S. 116B-78(F)

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Registration under
				G.S.
				116B-78(f) shall be for a
				period of a calendar year. Unless the request states that the request is for a
				specified calendar year, the registration will be presumed to be for the
				current calendar year.
(b) All
				requests to register must be submitted on the form supplied by the Department
				for that purpose.
(c) Forms not
				accompanied by the required one hundred dollar ($100.00) fee will not be
				processed.
Authority
				  G.S.
				  116B-80;
				  116B-78(f);
Temporary Adoption Eff. February 22, 2000;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0100 - GENERAL AND ADMINISTRATION › Section 08 .0112 - INTEREST RATE DETERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
The interest rate charged under
				  G.S.
				  116B-77(a) shall be at the
				  rate established by the Secretary of Revenue pursuant to
				  G.S.
				  105-241.1(i).
Authority
				  G.S.
				  116B-80;
				  116B-77(a);
Temporary Adoption Eff. February 22, 2000;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0200 - INTANGIBLE PERSONAL PROPERTY › Section 08 .0201 - REPEALED - REPORTING OF ESCHEATS BY INSURERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  116B-29;
				  116B-42;
Eff.
				  February 1, 1982;
Repealed Eff. November 1,
				  1988.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0200 - INTANGIBLE PERSONAL PROPERTY › Section 08 .0202 - REPORTING OF ESCHEATS

Current through Register Vol. 39, No. 2, July 15, 2024
All persons shall report to the fund directly at the address
				  in 20
				  NCAC 08.0101 as prescribed by law and by this
				  Chapter. All payments shall be made to the "Department of State Treasurer -
				  Escheat Fund."
Authority
				  G.S.
				  116B-60;
				  116B-80;
Eff.
				  February 1, 1982;
Amended Eff. November 1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0200 - INTANGIBLE PERSONAL PROPERTY › Section 08 .0203 - ESCHEAT REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
Each holder shall report intangible personal property to the
				  Escheat Fund on Form ASD-21 together with Form ASD-159 which together shall
				  include as a minimum:
(1) Holder's
				legal name and address;
(2)
				Holder's federal tax identification number;
(3) A contact person and his or her telephone
				number;
(4) The date on which the
				property became payable, demandable or returnable;
(5) Separately for each person with property
				in each property class in excess of the amount specified in
				G.S.
				116B-60(b)(3):
(a) The name(s) of the owner(s);
(b) The last known address(es) of the
				owner(s);
(c) The social security
				or tax identification number(s) of the owner(s), if known;
(d) A description of the property, including
				the property classification code set out in Rule
				20 NCAC
				08 .0204;
(e) Serial number(s) or other identification
				number(s) of the property, if any;
(f) The money amount, if any, being
				transferred;
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0200 - INTANGIBLE PERSONAL PROPERTY › Section 08 .0205 - LATE FILING OF REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Payments on
				account of property reported to the Escheat Fund as abandoned property after
				the date which the law requires that the sums of money be paid to the State
				Treasurer shall be assessed interest as provided in
				G.S.
				116B-77(a). Interest shall
				be assessed for each day after the due date until the monies are received by
				the Escheat Fund. Billings for interest penalties totaling ten dollars ($10.00)
				or less will not be made because it is uneconomical to do so.
(b) If a holder wishes to avoid the penalties
				of G.S.
				116B-77(a), he may file a
				request for an extension pursuant to
				G.S.
				116B-60(e) in writing prior
				to the time the report is due. The request must include the holder's name and
				address, the holder's principal business, a valid reason for the delay, and the
				statutory fee. Reasons for delay will only be considered valid if the reasons
				stem from circumstances which are unforeseen and unforeseeable. Each extension
				will not exceed three months, but may be renewed upon reapplication for up to
				six months. If an extension is granted, the holder will not be subject to the
				penalties in
				G.S.
				116B-77(b) during the
				extension period.
Authority
				  G.S.
				  116B-77;
				  116B-80;
Eff.
				  February 1, 1982;
Amended Eff. April 1, 2001; November 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0200 - INTANGIBLE PERSONAL PROPERTY › Section 08 .0206 - REPORTING PROPERTY FOUND ON AUDIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Claims for
				abandoned property resulting from an audit shall be made on Form
				ASD-160.
(b) The holder shall send
				the notice required by
				G.S.
				116B-59 unless the Form ASD-160 shows that
				notice is not required.
(c) The
				holder shall transfer any property to lawful owners that are
				identified.
(d) The holder shall
				complete the form showing property no longer escheatable because of transfer to
				the lawful owner and property still subject to transfer to the custody of the
				State Treasurer for the Escheat fund.
(e) Transfer by payment or delivery of
				non-cash property shall be made with the return of Form ASD-160. Penalties
				shall be calculated and remitted at the same time.
(f) Copies of payment vouchers or other proof
				that the items are no longer escheatable shall be sent with the return of Form
				ASD-160.
Authority
				  G.S.
				  116B-72;
				  116B-80;
Eff.
				  November 1, 1988;
Amended Eff. April 1, 2001;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0300 - TANGIBLE PERSONAL PROPERTY › Section 08 .0301 - NOTIFICATION BY HOLDER TO ESCHEAT FUND

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each holder
				shall notify the Escheat Fund of the existence of tangible property when it
				becomes subject to the custody of the State Treasurer and shall maintain the
				property in a manner which will prevent loss of value until directions for
				either disposition or transfer to the State Treasurer are received. The Escheat
				Fund shall hold the holder liable for any loss resulting from the breach of a
				fiduciary duty by the holder.
(b)
				The notification shall be made on Form ASD-127 or its equivalent and shall show
				as a minimum:
(1) Holder's legal name and
				address;
(2) A contact person and
				his or her telephone number;
(3)
				The date of presumed abandonment;
(4) Separately for each item of tangible
				property:
(A) A sequence number;
(B) The name of the owner(s);
(C) The last known address(es) of the
				owner(s);
(D) The social security
				or tax identification number(s) of the owner(s), if known;
(E) A description of the property, including
				the property classification code set out in
				20 NCAC
				08 .0204;
(F) Serial number(s) or other identification
				number(s), if any;
(G) The
				approximate value of the property;
(5) Verification pursuant to
				G.S.
				116B-60(f); and
(6) Verification that the holder has complied
				with the requirements of
				G.S.
				116B-69(b).
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0300 - TANGIBLE PERSONAL PROPERTY › Section 08 .0302 - NOTIFICATION BY ESCHEAT FUND TO HOLDER

Current through Register Vol. 39, No. 2, July 15, 2024
The Escheat Fund will provide to the holder a letter which
				  will identify the property to be transferred to the custody of the State
				  Treasurer. The holder may dispose of any property that is not required to be
				  transferred to the custody of the State Treasurer.
Authority
				  G.S.
				  116B-69;
				  116B-80;
Eff.
				  February 1, 1982;
Amended Eff. April 1, 2001; November 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0400 - REFUNDS › Section 08 .0401 - APPLICATION FOR REFUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				persons may apply for refunds on behalf of an owner of property transferred to
				the Escheat Fund:
(1) the owner or a personal
				representative of an owner;
(2) the
				holder or a successor to the holder; and
(3) an attorney in fact under a written power
				of attorney from the owner.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0400 - REFUNDS › Section 08 .0402 - REQUIRED DOCUMENTATION OF APPLICATION FOR REFUND

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				applications for refunds shall be made on Form ASD-111, and shall identify:
(1) the property claimed;
(2) the owner as shown on the Escheat
				records;
(3) the holder when
				transferred to the Escheat Fund; and
(4) the current owner, which may be either
				(2) or (3).
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0400 - REFUNDS › Section 08 .0403 - PAYMENT OF REFUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the holder
				has certified in Form ASD-111, that he has already made payment to the owner,
				the refund will be made by warrant on the State Treasurer to the order of the
				holder.
(b) All other refunds will
				be made by warrant on the State Treasurer to the order of the owner.
Authority
				  G.S.
				  116B-67;
				  116B-80;
Eff.
				  February 1, 1982;
Amended Eff. April 1, 2001; November 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0500 - RECORDS › Section 08 .0501 - PUBLIC ACCESS TO RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Owner
				records that are capable of clear identification are listed at the following
				websites:
(1)
				http://www.treasurer.state.nc.us and
(2)
http://www.missingmoney.com
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0500 - RECORDS › Section 08 .0502 - REQUESTS FOR INFORMATION FROM RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
Searches of the database of owner property will be made for
				  potential owners to the extent that information is provided. Successful
				  searches normally require that the following information, in order of
				  importance, is available:
(1) Name and
				address of the owner;
(2) Name and
				address of the holder;
(3) Date
				property became escheatable; and
(4) Description of escheated property,
				including value or amount.
Authority
				  G.S.
				  116B-62(f);
				  116B-80;
Eff.
				  February 1, 1982;
Amended Eff. April 1, 2001;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 6,
				  2016.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 08 - ESCHEATS AND ABANDONED PROPERTY › Section .0500 - RECORDS › Section 08 .0503 - EXPIRED - REQUESTS FOR LISTINGS OF OWNERS AND/OR PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  116B-62(f);
				  116B-80;
Eff. April
				  1, 2001;
Expired Eff. January 1, 2017 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 09 - CAPITAL FACILITIES FINANCE AGENCY › Section .0100 - GENERAL PROVISIONS › Section 09 .0101 - ORGANIZATION AND FUNCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				North Carolina Capital Facilities Finance Agency operates within the Department
				of State Treasurer and is the State's agency charged with the duty of advising
				and assisting institutions of higher education in financing the construction
				and renovation of higher education facilities.
(b) The following is information about the
				North Carolina Capital Facilities Finance Agency:
(1) the Administrative Officer is the
				Secretary-treasurer of the Agency;
(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 09 - CAPITAL FACILITIES FINANCE AGENCY › Section .0100 - GENERAL PROVISIONS › Section 09 .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 requires
				  another meaning:
(1) "Agency" is the
				North Carolina Capital Facilities Finance Agency or the Board of Directors
				thereof.
(2) "Secretary-treasurer"
				is the Secretary-treasurer of the North Carolina Capital Facilities Finance
				Agency.
Authority
				  G.S.
				  159D-37;
				  159D-39;
Temporary
				  Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March
				  1, 1988;
Eff. March 1, 1988;
Amended Eff. November 1,
				  2017;
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 09 - CAPITAL FACILITIES FINANCE AGENCY › Section .0200 - RULE MAKING › Section 09 .0201 - 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 agency.
(b) All
				correspondence shall be addressed to the Secretary-treasurer at the mailing
				address of the commission.
Authority
				  G.S.
				  159D-5(1);
				  159D-39(17);
				  159D-39(19);
				  159D-41;
Temporary
				  Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March
				  1, 1988;
Eff. March 1, 1988;
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 09 - CAPITAL FACILITIES FINANCE AGENCY › Section .0200 - RULE MAKING › Section 09 .0202 - 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 agency.
(b) All correspondence shall be addressed to
				the Secretary-treasurer at the mailing address of the agency.
Authority
				  G.S.
				  159D-5(1);
				  159D-39(17);
				  159D-39(19);
				  159D-41;
Temporary
				  Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March
				  1, 1988; Eff. March 1, 1988;
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 09 - CAPITAL FACILITIES FINANCE AGENCY › Section .0300 - CONTESTED CASES › Section 09 .0301 - 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-treasurer at the mailing
				address of the agency.
Authority
				  G.S.
				  159D-39;
Temporary Adoption Eff.
				  September 30, 1987, for a Period of 153 Days to Expire on March 1, 1988; Eff.
				  March 1, 1988;
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 09 - CAPITAL FACILITIES FINANCE AGENCY › Section .0400 - APPROVAL OF APPLICATION › Section 09 .0401 - REQUESTS FOR ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All requests
				for action shall be addressed to the Secretary-treasurer at the mailing address
				of the agency.
(b) Each request for
				action shall include the following information:
(1) cover letter which includes:
(A) name and address of the institution of
				higher education,
(B) brief
				description of circumstances and action requested,
(C) statutory basis for request and for
				action;
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 09 - CAPITAL FACILITIES FINANCE AGENCY › Section .0400 - APPROVAL OF APPLICATION › Section 09 .0402 - EXPIRED - HEARING ON CONFORMANCE TO PRIOR APPROVALS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  159D-41;
Temporary Adoption Eff.
				  September 30, 1987, for a Period of 153 Days to Expire on March 1,
				  1988;
Eff. March 1, 1988;
Expired Eff. February 1, 2018
				  pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 09 - CAPITAL FACILITIES FINANCE AGENCY › Section .0400 - APPROVAL OF APPLICATION › Section 09 .0403 - APPLICATION TO AMEND PRIOR APPROVALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Whenever there is a substantial change in the economic environment or situation
				in which the participating institution operates, the governing board of the
				participating institution may make an application to amend a prior approval by
				the agency.
(b) An application to
				amend prior approvals shall be submitted in the same manner as required for
				initial approval plus such other additional items as the agency may
				request.
Authority
				  G.S.
				  159D-41;
Temporary Adoption Eff.
				  September 30, 1987, for a Period of 153 Days to Expire on March 1,
				  1988;
Eff. March 1, 1988;
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 09 - CAPITAL FACILITIES FINANCE AGENCY › Section .0500 - REVIEW CRITERIA › Section 09 .0501 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
In order for the Secretary-treasurer to recommend approval of
				  a project, he must make certain findings. It is the purpose of this Section to
				  specify the standards and criteria the Secretary-treasurer will use in making
				  his findings.
Authority
				  G.S.
				  159D-40;
Temporary Adoption Eff.
				  September 30, 1987, for a Period of 153 Days to Expire on March 1,
				  1988;
Eff. March 1, 1988;
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 09 - CAPITAL FACILITIES FINANCE AGENCY › Section .0500 - REVIEW CRITERIA › Section 09 .0502 - JURISDICTIONAL FINDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Before making
				technical findings, the Secretary-treasurer shall make a finding that the
				project is eligible as defined by law.
(b) The Secretary-treasurer shall make
				findings on the criteria required for revenue bonds to be approved by the Local
				Government Commission in
				G.S.
				159-86(b).
(c) Unless the applicant has met his various
				burdens of proof, the Secretary-treasurer shall not make his required
				findings.
(d) All findings shall be
				in writing and where adverse findings are made, they shall specifically
				indicate in detail which elements of proof were weak, the required conclusions
				which could not be made, and any suggestions for amending the
				application.
Authority
				  G.S.
				  159D-40;
Temporary Adoption Eff.
				  September 30, 1987, for a Period of 153 Days to Expire on March 1,
				  1988;
Eff. March 1, 1988;
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 09 - CAPITAL FACILITIES FINANCE AGENCY › Section .0600 - FEES › Section 09 .0601 - COLLECTING FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Application
				fees shall be payable prior to a final request for approval or participation by
				the agency.
(b) Annual fees shall
				be payable on the anniversary date of each financing so long as any of such
				obligations are outstanding and unpaid.
Authority
				  G.S.
				  159D-39(17);
Temporary Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire
				  on March 1, 1988;
Eff. March 1, 1988;
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 09 - CAPITAL FACILITIES FINANCE AGENCY › Section .0600 - FEES › Section 09 .0602 - FEES AND EXPENSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				non-refundable application fee is required of all institutions applying to the
				agency. The application fee is 0.1 percent (one tenth of one percent) of the
				par amount of the issue with a minimum fee of two thousand dollars ($2,000),
				plus any and all fees charged by the Local Government Commission.
(b) An annual fee of one thousand dollars
				($1,000) per year is required.
(c)
				In addition to the fee set forth in this Rule, the agency shall bill the
				institution for all travel and subsistence incurred, and all material amounts
				of telephone, outside legal, outside financial consulting and postage expenses
				when paid by the state.
(d) The
				agency shall not incur expenses other than in Paragraph (c) of this Rule
				without prior agreement of the applicant to reimburse the agency for all
				related costs.
Authority
				  G.S.
				  159D-39(17);
Temporary Adoption Eff. September 30, 1987 for a Period of 153 Days to Expire
				  on March 1, 1988;
Eff. March 1, 1988;
Amended Eff.
				  January 1, 2011;
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 10 - HEALTH AND WELLNESS TRUST FUND COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 10 .0101 - EXPIRED - AUTHORIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  147-86.30;
				  147-86.33;
Temporary
				  Adoption Eff. June 15, 2002;
Temporary Adoption Expired February
				  20, 2003.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 10 - HEALTH AND WELLNESS TRUST FUND COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 10 .0102 - REPEALED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  147-86.30;
				  147-86.33;
Temporary
				  Adoption Eff. June 15, 2002;
Temporary Adoption Expired February
				  20, 2003;
Eff. August 1, 2004;
Repealed Eff. August 14,
				  2011 pursuant to
				  G.S.
				  150B-21.7 (see S.L. 2011-145, s.
				  6.11.(a)).
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 10 - HEALTH AND WELLNESS TRUST FUND COMMISSION › Section .0200 - GRANT PROGRAM › Section 10 .0201-.0210

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  147-86.30;
				  147-86.31;
				  147-86.33;
				  147-86.36;
Temporary
				  Adoption Eff. June 15, 2002;
Eff. August 1, 2004;
Repealed Eff. August 14, 2011 pursuant to
				  G.S.
				  150B-21.7 (see S.L. 2011-145, s.
				  6.11.(a)).
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 10 - HEALTH AND WELLNESS TRUST FUND COMMISSION › Section .0300 - GIFTS AND GRANTS › Section 10 .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  147-86.33;
Temporary Adoption
				  Eff. June 15, 2002;
Eff. August 1, 2004;
Repealed Eff.
				  August 14, 2011 pursuant to
				  G.S.
				  150B-21.7 (see S.L. 2011-145, s.
				  6.11.(a)).
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 11 - SUPPLEMENTAL RETIREMENT PLANS › Section .0100 - ADMINISTRATIVE FEES › Section 11 .0101 - ADMINISTRATIVE FEES: NC 401(K) AND NC 457 PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board and the Department shall charge an administrative fee at an annual rate
				of 0.0125 percent of the assets in each account in the Supplemental Retirement
				Income Plan of North Carolina and in each account in the North Carolina Public
				Employee Deferred Compensation Plan.
(b) The Board and the Department may waive
				the administrative fee in Paragraph (a) of this Rule for a period of up to 12
				months based upon the following factors:
(1)
				The balance of the administrative expense account for the plans;
(2) Department projections of future expenses
				to administer the plans; and
(3)
				Department projections of future receipts available for the administration of
				the plans.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 11 - SUPPLEMENTAL RETIREMENT PLANS › Section .0100 - ADMINISTRATIVE FEES › Section 11 .0102 - ADMINISTRATIVE FEES: NC 403(B) PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board and the Department shall charge an administrative fee at an annual rate
				of 0.050 percent of the assets in each account in the North Carolina Public
				School Teachers' and Professional Educators' Investment Plan.
(b) The Board and the Department may waive
				the administrative fee in Paragraph (a) of this Rule for a period of up to 12
				months based upon the following factors:
(1)
				The balance of the administrative expense account for the plan;
(2) Department projections of future expenses
				to administer the plan; and
(3)
				Department projections of future receipts available for the administration of
				the plan.
North Carolina Administrative Code › Title 20 - STATE TREASURER › Chapter 12 - NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES › Section 12 .0101 - STATE HEALTH PLAN RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Enrollment
			 exceptions and appeals may be found at
https://files.nc.gov/ncshp/documents/shp-rules/0101a.pdf
.
(b) Member terminations and reinstatements
			 may be found at
https://files.nc.gov/ncshp/documents/shp-rules/0101b.pdf
.
(c) Arrears may be found at
https://files.nc.gov/ncshp/documents/shp-rules/0101c.pdf
.
(d) Retiree health benefit enrollment and
			 premium payments may be found at
https://files.nc.gov/ncshp/documents/shp-rules/0101d.pdf
.
Authority
				G.S.
				135-48.25;
				135-48.30;
				135-48.38;
				135-48.40;
				135-48.41;
				135-48.42;
				135-48.43;
				135-48.44;
Eff. March
				15, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 01 - ACUPUNCTURE › Section .0100 - LICENSURE › Section 01 .0102 - REQUIREMENTS/WAIVER/QUALIFICATIONS/LICENSURE DETAILED IN G.S. 90-455

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant for licensing seeking a waiver of the
				  requirements of Rule .0101 of this Section shall:
(1) Submit a completed application before
				December 31, 1994, and
(2) Submit
				non-refundable fees as required by Rule .0103 of this Section, and
(3) Provide proof of North Carolina residency
				as of January 1, 1993, and
(4)
				Fulfill one of the following:
(a) Submit a
				certified copy, certified by the issuing institution, of a transcript including
				evidence of graduation from an acupuncture college approved by the Board (an
				approved acupuncture college is one that is a minimum of two academic years of
				training and is certified or approved by the state or country in which it
				operates), or
(b) Submit evidence
				of successful completion of the Clean Needle Technique (CNT) course and achieve
				a score of not less than 15 points as outlined in the Sub-items (4)(b)(i) and
				(ii) of this Rule to satisfy requirements for a Board approved training
				program.
(i) Submit proof of a score of not
				less than 70% on the National Commission for the Certification of
				Acupuncturists examination: 15 points; or
(ii) Training: Accrue 15 points (a minimum of
				5 points in both categories in Sub-items (4)(b)(ii)(A) and (B) of this Rule.
(A) Education:
(I) Structured - For each 100 hours of
				documented completion of a formal training program approved by the Board: 1
				point. A formal training program is an acupuncture college certified or
				approved by the state or country in which it operates.
(II) Apprenticeship - For each 150 hours of
				supervised apprenticeship training with an acupuncturist [and which is verified
				by such acupuncturist(s)]: 1 point.
(B) Experience: An applicant must accrue a
				minimum of five points in any combination of Sub-items (4)(ii)(B)(I) and (II)
				of this Rule. Acupuncture must comprise at least 90% of the applicant's
				practice. Treatments for cessation of smoking and weight loss shall not be
				adequate to satisfy the experience requirements if such therapies comprise more
				than 40% of the applicant's practice.
(I)
				Treatment of not fewer than 100 different patients for not less than 2000
				patient hours within the last three years prior to application for licensure: 5
				points.
(II) Treatment of not fewer
				than 100 patients for not less than 4000 patient hours within the last three
				years prior to application for licensure: 10 points.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 01 - ACUPUNCTURE › Section .0100 - LICENSURE › Section 01 .0103 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
The following fees shall apply:
(1) Application (non-refundable)
				$100.00
(2) Initial biennial
				licensing $500.00
(3) Renewal of
				biennial licensing $300.00
(4) Late
				license renewal (additional) $200.00
(5) Inactive license renewal, biennial
				extension $ 50.00
(6) Duplicate
				license $ 25.00
(7) Duplicate wall
				certificate $ 50.00
(8) Mailing
				Labels $150.00
(9) Returned check $
				40.00
(10) Verification of North
				Carolina licensure to another state $ 25.00
(11) Name change $ 5.00
(12) Continuing education per single program
				approval $ 50.00
(13) Continuing
				education provider approval $ 50.00
(14) Initial school application
				$1,000.00
(15) Biennial renewal
				school approval application $500.00
Authority
				  G.S.
				  90-457;
Temporary Adoption Eff.
				  March 18, 1994 for a Period of 180 Days or Until the Permanent Rule Becomes
				  Effective, Whichever is Sooner;
Eff. August 1, 1994;
Amended Eff. August 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 01 - ACUPUNCTURE › Section .0100 - LICENSURE › Section 01 .0105 - QUALIFICATIONS FOR LICENSURE THROUGH LICENSE RECIPROCITY

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant for licensure to practice acupuncture in North
				  Carolina shall:
(1) Submit a completed
				application;
(2) Submit fees as
				required by Rule .0103 of this Section;
(3) Have submitted directly to the North
				Carolina Acupuncture Licensing Board, an official letter from the licensing
				board of another jurisdiction with whom the North Carolina Acupuncture
				Licensing Board has a reciprocal licensing agreement, verifying that the
				applicant is currently licensed and in good standing in such
				jurisdiction.
Authority
				  G.S.
				  90-454;
				  90-455;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 01 - ACUPUNCTURE › Section .0100 - LICENSURE › Section 01 .0106 - CHANGE OF NAME OR ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
Every person licensed under the provisions of this Article
				  shall give written notice to the Board of any change in his or her name or
				  address within 60 calendar days after the change takes place.
Authority
				  G.S.
				  90-454;
				  90-455;
				  90-456;
Eff. August 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 01 - ACUPUNCTURE › Section .0100 - LICENSURE › Section 01 .0107 - BOARD MAILING ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
All correspondence shall be mailed to the following
				  address:
North Carolina Acupuncture Licensing Board
P.O. Box 10686
Raleigh, N.C. 27605
Authority
				  G.S.
				  90-450;
Eff. August 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. November 12,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 01 - ACUPUNCTURE › Section .0200 - RENEWAL OF LICENSURE › Section 01 .0201 - RENEWAL OF LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
The procedure and requirements for renewal of license are as
				  follows:
(1) Biennial Renewal. A
				licensee shall renew his or her license by the second July 1 following initial
				licensure and thereafter renew his or her license by July 1 every two
				years.
(2) Continuing Education.
				Licensees seeking renewal of their license shall verify on a renewal form
				prepared by the Board that the licensee has completed the required continuing
				education units in accordance with Rule .0301 of this Chapter. The renewal form
				shall include the following information:
(a)
				licensee's: identity and contact information;
(b) requested action from the
				Board;
(c) statements pertaining to
				renewal and fitness for licensure; and
(d) information pertaining to courses taken
				including the number of units completed and each of the courses
				completed.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 01 - ACUPUNCTURE › Section .0200 - RENEWAL OF LICENSURE › Section 01 .0202 - PROCESS TO OBTAIN INACTIVE LICENSE; ACTIVATE LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The procedure and requirements for inactive status are as follows:
(1) Written request for inactive license. A
				licensed acupuncturist not engaged in the practice of acupuncture may request
				that his or her license be placed in inactive status by submitting the request
				in writing to the Board.
(2)
				Following a period of eight years, the Board shall treat an inactive license as
				lapsed.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 01 - ACUPUNCTURE › Section .0300 - CONTINUING EDUCATION › Section 01 .0301 - STANDARDS FOR CONTINUING EDUCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Unless otherwise indicated, one CEU, as used in this Rule, shall be equal to
				one contact hour or 50 minutes of instruction.
(b) All licensees shall complete 40
				Continuing Education Units (CEU) every two years as follows:
(1) 25 CEUs shall be obtained from courses
				that have content relating to the scope of the practice of acupuncture. Fifteen
				of these 25 hours shall contain course content related to the insertion of
				acupuncture needles and the application of moxibustion to the human body. The
				remaining 10 hours of CEUs may be obtained from course content related to
				adjunctive therapies including massage, mechanical, thermal, electrical, and
				electromagnetic treatment and the recommendation of herbs, dietary guidelines,
				and therapeutic exercise; and
(2)
				the remaining 15 CEUs may be comprised of any combination of the following:
(A) 15 CEUs related to any of the content
				contained in Subparagraph (b)(1) of this Rule;
(B) up to 10 CEUs for acupuncture or Chinese
				medicine research studies in hospitals or institutions as set forth in
				Paragraph (e) of this Rule;
(C) up
				to 10 CEUs for teaching of Chinese medicine in a formally organized course as
				set forth in Paragraph (c)(2) of this Rule;
(D) up to 10 CEUs for published work in
				peer-reviewed journals as set forth in Paragraph (g) of this Rule; or
(E) two CEUs for obtaining or maintaining CPR
				certification.