reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter J - CONSTRUCTION MANAGER-AT-RISK SELECTION PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 30J .0102 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
The State Building Commission shall select construction
					 manager-at-risk for State capital improvement projects as defined in
					 G.S.
					 143-128.1, based on criteria contained in
					 this Subchapter and make available to every firm, licensed as a general
					 contractor in the State of North Carolina, the opportunity to be considered for
					 providing construction management-at-risk services for those departments and
					 agencies under its jurisdiction. The State Building Commission shall select a
					 construction manager-at-risk for State capital improvement project who is in
					 compliance with the minority business participation requirements as prescribed
					 in G.S.
					 143-128.2. The construction manager-at-risk
					 shall use a standard form of contract authorized by the SBC for the public
					 owner, construction manager-at-risk, and first-tier
					 subcontractor.
Authority:
					 G.S.
					 143-135.26;
Temporary Adoption
					 Eff. February 1, 2003;
Eff. March 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter J - CONSTRUCTION MANAGER-AT-RISK SELECTION PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 30J .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of this subchapter, the following definitions
					 shall apply:
(1) "Capital Projects
				  Coordinator" means the individual or designee authorized by each funded agency
				  to coordinate all capital improvement projects and related matters for the
				  agency with the State Construction Office and to represent that agency on all
				  matters presented to the SBC. The individual so designated for purposes of this
				  Subchapter may have other titles within his agency but shall carry out the
				  duties assigned by the rules in this Subchapter to the capital projects
				  coordinator.
(2) "Construction
				  Manager-at-Risk" means a person, corporation, or entity that provides
				  construction management-at-risk services.
(3) "Construction Management-at-Risk
				  Services" means services provided by a person, corporation, or entity that:
(a) provides construction management services
				  for a project throughout the preconstruction and construction phases,
(b) who is licensed as a general contractor,
				  and
(c) who guarantees the cost of
				  the project.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter J - CONSTRUCTION MANAGER-AT-RISK SELECTION PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 30J .0201 - PROJECT DESCRIPTION

Current through Register Vol. 39, No. 2, July 15, 2024
Each Capital Projects Coordinator shall provide the State
					 Construction Office with a written description of the construction
					 management-at-risk services desired, the program or scope of work, schedule
					 requirements, amount of authorized funds, owner agency responsible for the
					 project, name and contact information of the owner's project representative,
					 link to owner agency's website where RFP and project detail may be obtained,
					 date RFP to be published, closing date, time and location contractor letters of
					 interest are to be submitted and any special licenses, skills, or experience of
					 the contractor not already listed for each project requiring construction
					 management-at-risk services. This information shall be provided to the State
					 Construction Office for publication on State Construction Office website. The
					 Capital Projects Coordinator shall initiate the Construction Manager-at-Risk
					 selection process and shall make his/her best effort to enable the completion
					 of the selection process within 60 days of the date of the above
					 notification.
Authority
					 G.S.
					 143-135.26; S.L. 2001-496, s. 11;
Temporary Adoption Eff. February 1, 2003;
Eff. March 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter J - CONSTRUCTION MANAGER-AT-RISK SELECTION PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 30J .0202 - PUBLIC ANNOUNCEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Based upon
				  project information furnished by a Capital Projects Coordinator, the State
				  Construction Office shall publish an announcement of the need for construction
				  management-at-risk services, a designated contact person in the using agency
				  and the closing date on the State Construction Office website. This public
				  announcement shall be published prior to Construction Manager-at-Risk
				  selection.
(b) The closing date for
				  being considered for construction management-at-risk services shall be at least
				  21 days from date of publication on the State Construction Office website.
				  Responses to Request For Proposal (RFP) for each project must be received by
				  the Capital Project Coordinator prior to a firm's being considered for
				  construction management-at-risk services.
Authority
					 G.S.
					 143-135.26;
Temporary Adoption
					 Eff. February 1, 2003;
Eff. March 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter J - CONSTRUCTION MANAGER-AT-RISK SELECTION PROCEDURES › Section .0300 - SELECTION OF CONSTRUCTION MANAGERS-AT-RISK › Section 30J .0301 - CONSTRUCTION MANAGER-AT-RISK QUALIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
All firms desiring to provide construction
					 management-at-risk services shall submit all information required in the RFP
					 for the public owner's review and evaluation. Firms shall submit evidence of
					 compliance with the requirements of the RFP. Each firm shall meet the
					 requirements of the RFP prior to being considered by the pre-selection
					 committee as one of the firms most qualified to perform construction
					 manager-at-risk services. Failure of any firm to furnish all required
					 information in the RFP shall disqualify the firm from
					 consideration.
Authority
					 G.S.
					 143-135.26;
Temporary Adoption
					 Eff. February 1, 2003;
Eff. March 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter J - CONSTRUCTION MANAGER-AT-RISK SELECTION PROCEDURES › Section .0300 - SELECTION OF CONSTRUCTION MANAGERS-AT-RISK › Section 30J .0302 - PRE-SELECTION COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
A pre-selection committee shall be established for all
					 projects requiring construction management-at-risk services. The pre-selection
					 committee shall consist of at least the capital projects coordinator, a
					 representative of the using agency and one representative from the State
					 Construction Office. At least one member of all pre-selection committees shall
					 be a registered architect, licensed engineer or licensed contractor. The
					 pre-selection committee shall review the requirements of a specific project and
					 the qualification of all firms expressing interest in that project and shall
					 select from that list not more than six nor less than three firms to be
					 interviewed and evaluated. The pre-selection committee shall interview each of
					 the selected firms, evaluate each firm interviewed, and rank in order three
					 firms. The capital projects coordinator shall state in his project description
					 that the rules for public announcement and selection have been followed or
					 shall state full particulars if exceptions have been taken.
Authority
					 G.S.
					 143-135.26; S.L. 2001-496, s. 11;
Temporary Adoption Eff. February 1, 2003;
Eff. March 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter J - CONSTRUCTION MANAGER-AT-RISK SELECTION PROCEDURES › Section .0300 - SELECTION OF CONSTRUCTION MANAGERS-AT-RISK › Section 30J .0303 - SELECTING CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
In selecting the three firms to be presented to the SBC,
					 the pre-selection committee shall take into consideration in the evaluation of
					 the Proposals such factors as:
(1)
				  Workload that is able to accommodate the addition of this project.
(2) Record of successfully completed projects
				  of similar scope without legal or technical problems.
(3) Previous experience with the public
				  owner, a good working relationship with owner representatives, projects
				  completed in a timely manner and an acceptable quality of work.
(4) Key personnel that have appropriate for
				  contract experience and qualifications.
(5) Relevant and easily understood graphic or
				  tabular presentations.
(6)
				  Completion of - Construction Manager-At-Risk projects in which there were few
				  differences between the guaranteed maximum price and final cost.
(7) Projects that were completed on or ahead
				  of schedule.
(8) Recent experience
				  with project costs and schedules.
(9) Construction administration
				  capabilities.
(10) Proximity to and
				  familiarity with the area where the project is located.
(11) Quality of compliance plan for minority
				  business participation as required by
				  G.S.
				  143-128.2.
Authority
					 G.S.
					 143-135.26;
Temporary Adoption
					 Eff. February 1, 2003;
Eff. March 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter J - CONSTRUCTION MANAGER-AT-RISK SELECTION PROCEDURES › Section .0300 - SELECTION OF CONSTRUCTION MANAGERS-AT-RISK › Section 30J .0304 - CONSTRUCTION MANAGER-AT-RISK SELECTION FOR UNC SYSTEM PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
In selecting Construction Manager-at-Risk for its projects,
					 the UNC system shall comply with the rules in this Subchapter except
					 that:
(1) the pre-selection committee
				  need not include a representative of the State Construction Office;
				  and
(2) the final selection of
				  Construction Manager-at-Risk shall be made by the Board of Trustees of the
				  funded institution.
Authority
					 G.S.
					 143-135.26;
Temporary Adoption
					 Eff. February 1, 2003;
Eff. March 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter J - CONSTRUCTION MANAGER-AT-RISK SELECTION PROCEDURES › Section .0300 - SELECTION OF CONSTRUCTION MANAGERS-AT-RISK › Section 30J .0305 - CONSTRUCTION MANAGER-AT-RISK SELECTION FOR OTHER THAN UNC SYSTEM PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt of a letter from the capital
				  projects coordinator listing three firms in priority order along with
				  recommendations and selection information, the secretary of the SBC, upon
				  determination that all information has been submitted, shall place the request
				  for consideration on the agenda for the next SBC meeting.
(b) The capital projects coordinator shall
				  make a report to the SBC outlining the procedures that were followed and
				  justification for the priority list of three firms. Upon a determination by the
				  SBC that the rules in this Subchapter have been followed, the SBC shall:
(1) Affirm the selection of the firms in the
				  priority order recommended by the agency; or
(2) Select the firms in a different priority
				  order from that recommended by the funded agency and give justification for
				  such selection; or
(3) Request a
				  new priority list and give justification for such request.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter J - CONSTRUCTION MANAGER-AT-RISK SELECTION PROCEDURES › Section .0300 - SELECTION OF CONSTRUCTION MANAGERS-AT-RISK › Section 30J .0306 - CONTRACT NEGOTIATION

Current through Register Vol. 39, No. 2, July 15, 2024
After the three firms have been notified of the selection
					 action by the SBC or the University of North Carolina, a representative from
					 the State Construction Office, the capital projects coordinator, and a
					 representative from the using agency shall discuss with the first ranked
					 construction manager-at-risk services and information about the project. The
					 State Construction Office shall request in writing a detailed fee proposal from
					 the first ranked Construction Manager-at-Risk. The State Construction Office in
					 coordination with the capital projects coordinator and the using agency shall
					 attempt to negotiate a fair and equitable fee consistent with the project
					 program and the professional services required for the specific project. In the
					 event a fee cannot be agreed upon, the State Construction Office shall
					 terminate the negotiations and shall repeat the notification and negotiation
					 process with the next ranked firm on the selection list. In the event a fee
					 cannot be agreed upon with the second-ranked Construction Manager-at-Risk, the
					 process shall be repeated with the third-ranked Construction Manager-at-Risk.
					 If a fee still cannot be agreed upon, the SBC shall review the history of
					 negotiations and make determinations including program adjustments so as to
					 lead to a negotiated contract with one of the original three firms selected.
					 Such renegotiation with the firms shall be carried out in the original
					 selection order, or a call shall be made for the capital projects coordinator
					 to submit another list of three firms in priority order to the SBC or to the
					 UNC system. The negotiation process shall continue until a fee has been
					 determined that is agreed to by the State Construction Office, the using agency
					 and the Construction Manager-at-Risk. Following execution of the contract, the
					 State Construction Office shall publish on the State Construction Office
					 website, the list of three firms selected in priority order, the firm to be
					 contracted with, and the fee negotiated.
Authority
					 G.S.
					 143-135.26;
Temporary Adoption
					 Eff. February 1, 2003;
Eff. March 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 31 - STATE COMPUTER CENTER (REPEALED) › Section 31 .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				143-341; Executive Order Number 2 (March 25,
				1969);
Eff. October 1, 1981;
Repealed Eff. June 1,
				1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 32 - MOTOR FLEET MANAGEMENT (REPEALED) › Section .0100 - GENERAL PROVISIONS › Section 32 .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-341(8)i;
Eff. January 1, 1982;
Repealed Eff. June 1,
				  1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 32 - MOTOR FLEET MANAGEMENT (REPEALED) › Section .0200 - OPERATION OF THE DIVISION'S MOTOR POOL › Section 32 .0201-.0206

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-341(8)i;
Eff. January 1, 1982;
Amended Eff. November 1, 1982;
Repealed Eff. June 1, 1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 32 - MOTOR FLEET MANAGEMENT (REPEALED) › Section .0300 - MAINTENANCE AND CARE OF VEHICLES › Section 32 .0301-.0308

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-341(8)i;
Eff. November 1, 1982;
Amended Eff. November 1, 1982;
Repealed Eff. June 1, 1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 32 - MOTOR FLEET MANAGEMENT (REPEALED) › Section .0400 - ASSIGNMENT OF VEHICLES › Section 32 .0401-.0402

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-341(8)i;
Eff. January 1, 1982;
Amended Eff. November 1, 1982;
Repealed Eff. June 1, 1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 32 - MOTOR FLEET MANAGEMENT (REPEALED) › Section .0400 - ASSIGNMENT OF VEHICLES › Section 32 .0403 - REPEALED - DENIAL AND APPEAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-341(8)i;
Eff. January 1, 1982;
Repealed Eff. January 1,
				  1985.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 32 - MOTOR FLEET MANAGEMENT (REPEALED) › Section .0400 - ASSIGNMENT OF VEHICLES › Section 32 .0404-.0407

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
November 25, 1982;
Statutory Authority
				  G.S.
				  143-341(8)i;
Eff. January 1, 1982;
Amended Eff. January 1, 1985; November 1,
				  1982;
Repealed Eff. June 1, 1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 32 - MOTOR FLEET MANAGEMENT (REPEALED) › Section .0500 - VEHICLE USE › Section 32 .0501-.0511

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Amendment Eff. July 29, 1982 For a Period of 120 Days to Expire on
November 25, 1982;
Statutory Authority
				  G.S.
				  143-341(8)i;
Eff. January 1, 1982;
Amended Eff. November 1, 1982;
Repealed Eff. June 1, 1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 32 - MOTOR FLEET MANAGEMENT (REPEALED) › Section .0600 - USE OF PRIVATELY OWNED VEHICLES FOR STATE BUSINESS › Section 32 .0601-.0602

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  138-6;
				  143-341(8)i;
Eff. January 1, 1982;
Amended Eff. November 1, 1982;
Repealed Eff. June 1, 1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 32 - MOTOR FLEET MANAGEMENT (REPEALED) › Section .0700 - MISCELLANEOUS PROVISIONS › Section 32 .0701-.0702

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  14-247;
				  14-251;
				  143-341(8)i;
Eff. January 1, 1982;
Amended Eff. November 1, 1982;
Repealed Eff. June 1, 1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 32 - MOTOR FLEET MANAGEMENT (REPEALED) › Section .0700 - MISCELLANEOUS PROVISIONS › Section 32 .0703-.0705

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  14-250;
				  143-347(8);
				  143-347(8)i;
Eff. November 1, 1982;
Repealed Eff. June 1,
				  1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .0100 - GENERAL › Section 33 .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Amended Eff. July 1, 1988;
Repealed Eff.
				  December 1, 2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .0200 - PLANNING AND BUDGETING › Section 33 .0201-.0207

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. July 1,
				  1983;
Amended Eff. August 1, 1988;
Repealed Eff.
				  December 1, 2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .0300 - APPLICATION › Section 33 .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .0300 - APPLICATION › Section 33 .0303-.0304

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. July 1,
				  1988.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .0300 - APPLICATION › Section 33 .0305-.0306

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .0400 - ACCOUNTING STANDARDS › Section 33 .0401-.0403

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .0500 - AUDIT STANDARDS › Section 33 .0501-.0502

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. July 1,
				  1983;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .0600 - REIMBURSEMENT STANDARDS › Section 33 .0601-.0605

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .0700 - PROCUREMENT STANDARDS AND PROCEDURES › Section 33 .0701-.0703 - REPEALED - GENERAL PROCUREMENT STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .0800 - PROPERTY MANAGEMENT › Section 33 .0801-.0804

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .0900 - CONTRACT STANDARDS › Section 33 .0901-.0902

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .1000 - REPORTS: DATA SYSTEMS: AND EVALUATION › Section 33 .1001-.1004

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .1100 - PERSONNEL STANDARDS › Section 33 .1101-.1107

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .1200 - CIVIL RIGHTS OF INDIVIDUAL CLIENTS, RECIPIENTS AND INTENDED BENEFICIARIES › Section 33 .1201-.1203

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .1200 - CIVIL RIGHTS OF INDIVIDUAL CLIENTS, RECIPIENTS AND INTENDED BENEFICIARIES › Section 33 .1204 - REPEALED - CLIENT COMPLAINT AND APPEAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. July 16, 1988 in accordance with
				  G.S.
				  150B-59(c).
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .1300 - GENERAL STANDARDS/PROCEDURES › Section 33 .1301-.1302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .1400 - RECIPIENT COMPLIANCE AND LIABILITY › Section 33 .1401-.1404

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. July 1,
				  1983;
Repealed Eff. December 1,
				  2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 33 - FEDERAL BLOCK GRANT FUNDS › Section .1500 - STATE AGENCY COMPLIANCE › Section 33 .1501-.1502

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-16;
				  143-16.1;
				  143-341;
Eff. October
				  1, 1982;
Amended Eff. July 1, 1988;
Repealed Eff.
				  December 1, 2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 34 - TELEPHONE SYSTEMS (REPEALED) › Section .0100 - LONG DISTANCE SERVICE › Section 34 .0101-.0104

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-231;
				  143-340(14),(15);
				  143-341(8)i;
Eff. December 1, 1983;
Repealed Eff. June 1,
				  1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 34 - TELEPHONE SYSTEMS (REPEALED) › Section .0200 - LOCAL TELEPHONE SERVICE › Section 34 .0201-.0207

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-340(14),(15);
				  143-341;
Eff.
				  December 1, 1983;
Repealed Eff. June 1,
				  1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter A - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0100 - PURPOSE AND ORGANIZATION › Section 35A .0101 - REPEALED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-3.3;
					 143-340(26);
					 143B-10;
Eff.
					 February 1, 1984;
Amended Eff. December 1, 1994; December 1, 1993;
					 May 1, 1987;
Temporary Amendment Eff. February 15,
					 2002;
Amended Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3, 2017;
Repealed Eff.
					 April 1, 2020.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter A - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0100 - PURPOSE AND ORGANIZATION › Section 35A .0102-.0103

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-3.3;
					 143-340(26);
					 143B-10;
Eff.
					 February 1, 1984;
Amended Eff. December 1, 1994; December 1, 1993;
					 February 3, 1992; June 1, 1988;
Temporary Amendment Eff. February
					 15, 2002;
Amended Eff. March 1, 2006; August 1, 2004;
Repealed Eff. April 1, 2020.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter A - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0200 - APPLICATION PROCESS AND SCHEDULE › Section 35A .0201-.0205

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-3.3;
					 143-340(26);
					 143B-10;
Eff.
					 February 1, 1984;
Amended Eff. December 1, 1993; February 3, 1992;
					 June 1, 1988; July 1, 1987; May 1, 1987;
Transferred and Recodified
					 from 01
					 NCAC 35 .0301-35
					 .0302 Eff. December 1, 1993;
Amended Eff.
					 January 1, 1995; December 1, 1994;
Temporary Amendment Eff.
					 February 15, 2002;
Amended Eff. March 1, 2006; August 1,
					 2004;
Repealed Eff. April 1,
					 2020.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter A - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0300 - GENERAL PROVISIONS › Section 35A .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-3.3;
					 143-340(26);
					 143B-10;
Eff.
					 February 1, 1984;
Transferred and Recodified from
					 01 NCAC
					 35 .0401 -
					 35 .0402 Eff. December 1,
					 1993;
Amended Eff. December 1, 1994; December 1, 1993;
Temporary Amendment Eff. February 15, 2002;
Amended Eff. March 1,
					 2006; August 1, 2004;
Repealed Eff. April 1,
					 2020.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter A - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0300 - GENERAL PROVISIONS › Section 35A .0304-.0307

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-3.3;
					 143-340(26);
					 143B-10;
Eff.
					 February 1, 1984;
Amended Eff. February 3, 1992; January 1, 1988;
					 May 1, 1987;
Transferred and Recodified from
					 01 NCAC
					 35 .0403-35
					 .0406 Eff. December 1, 1993;
Amended Eff.
					 December 1, 1994; December 1, 1993;
Temporary Amendment Eff.
					 February 15, 2002;
Amended Eff. March 1, 2006; August 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3, 2017;
Repealed Eff.
					 April 1, 2020.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter A - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0300 - GENERAL PROVISIONS › Section 35A .0309 - REPEALED - CAMPAIGN OPERATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-3.3;
					 143-340(26);
					 143B-10;
Temporary
					 Adoption Eff. February 15, 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3, 2017;
Repealed Eff.
					 April 1, 2020.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter B - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0100 - ORGANIZATION › Section 35B .0102 - PURPOSE AND ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The purpose of the State Employee Combined Campaign ("SECC") is to provide a
				  single charitable campaign for all state employees to voluntarily contribute to
				  Independent Organizations or Federations approved in accordance with the rules
				  of this Subchapter.
(b) The SECC
				  shall be comprised as follows:
(1) a Statewide
				  Campaign Chair;
(2) an Advisory
				  Committee;
(3) a Statewide Campaign
				  Organization; and
(4) a Campaign
				  Solicitation Organization.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter B - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0100 - ORGANIZATION › Section 35B .0103 - STATEWIDE CAMPAIGN CHAIR

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Statewide Campaign Chair shall be appointed each year by the Governor from
				  one of the Executive Cabinet, Council of State, System of Community Colleges,
				  or University Administration agencies.
(b) The Statewide Campaign Chair shall:
(1) serve as director of the
				  campaign;
(2) enlist the support
				  and cooperation of the head of each State department and university to promote
				  the SECC's purpose;
(3) set the
				  dates of and approve the published materials for the SECC in accordance with
				  Rule .0108 of this Section;
(4)
				  contract for the designation of the Statewide Campaign Organization;
(5) appoint members the Advisory Committee;
				  and
(6) serve as Chair over
				  Advisory Committee meetings.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter B - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0100 - ORGANIZATION › Section 35B .0104 - SECC ADVISORY COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The SECC
				  Advisory Committee members shall serve four-year staggered terms and shall
				  serve no more than two consecutive terms. In the event of a vacancy, the
				  Statewide Campaign Chair shall appoint a replacement to fill an unexpired
				  term.
(b) The SECC Advisory
				  Committee shall meet at the discretion of the Statewide Campaign Chair and no
				  fewer than four meetings per year shall be held. The Advisory Committee shall
				  conduct business only when a quorum of one-third of the Committee membership,
				  including the Statewide Campaign Chair, is present.
(c) The SECC Advisory Committee shall review
				  the recommendations made by the Statewide Campaign Organization and shall
				  accept or reject its recommendations in accordance with Rules .0202 and .0203
				  of this Subchapter.
(d) The SECC
				  Advisory Committee shall review the Statewide Campaign Organization's annual
				  work plan and a budget to cover all of the costs related to the SECC.
(e) An SECC Advisory Committee member shall
				  not participate in any decision where that Committee member may have a personal
				  or financial interest resulting in a conflict of interest or the appearance of
				  a conflict of interest, either of a personal nature or with regard to the
				  agency in which members is employed.
Authority
					 G.S.
					 143-340(26);
Eff. April 1, 2020.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter B - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0100 - ORGANIZATION › Section 35B .0105 - STATEWIDE CAMPAIGN ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To
				  be eligible for consideration as a potential Statewide Campaign Organization,
				  the applicant shall:
(1) demonstrate the
				  ability to manage a state-wide fund-raising campaign in the form of experience
				  and references;
(2) have an Audit
				  to demonstrate a history of financial accountability;
(3) be a tax-exempt organization under the
				  Internal Revenue Code;
(4) have the
				  means to verify a bond or obtain proof of insurance in an amount that covers
				  the total amount of funds to be allocated to each of the respective Charitable
				  Organizations based on the previous campaign year contributions; and
(5) agree to comply with the terms of the
				  Statewide Campaign Organization contract.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter B - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0100 - ORGANIZATION › Section 35B .0106 - CAMPAIGN SOLICITATION ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Each State department or university shall have a Campaign Solicitation
				  Organization within their agency. The Campaign Solicitation Organization shall
				  ensure that solicitation activities are organized and conducted in accordance
				  with Rule .0302 of this Subchapter and shall:
(1) assist in planning solicitation
				  activities for their department or university;
(2) act as liaison between state employees
				  and the Statewide Campaign Organization by soliciting employees in their
				  assigned area;
(3) report all
				  pledges and contributions to their campaign coordinators or department leaders;
				  and
(4) distribute and collect
				  pledge forms.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter B - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0100 - ORGANIZATION › Section 35B .0107 - CONTRACT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The SECC and
				  Statewide Campaign Organization shall execute a three-year contract for
				  services. The contract shall allow a charge for Fund-raising Expenses,
				  Administrative Expenses, and Program Services Expenses for the Statewide
				  Campaign Organization. The Statewide Campaign Chair shall approve the contract
				  based upon the criteria provided in Rule .0105 of this Section.
(b) The Statewide Campaign Organization shall
				  recover from gross receipts of the SECC its expenses that shall reflect the
				  actual costs of administering the campaign. Total actual costs of the campaign
				  to be recovered pursuant to the contract shall be documented and shall not
				  exceed 20 percent of budgeted gross receipts. The campaign expenses shall be
				  shared proportionately by all the recipient organizations reflecting their
				  percentage share of gross campaign receipts. No costs associated with the
				  campaign shall be borne by the State. All costs shall be borne by the proceeds
				  from the campaign.
Authority
					 G.S.
					 143-340(26);
Eff. April 1, 2020.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter B - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0100 - ORGANIZATION › Section 35B .0108 - CAMPAIGN LITERATURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The SECC shall
				  distribute a campaign resource guide designed by the SECC Advisory Committee
				  subject to approval by the Statewide Campaign Chair. The campaign resource
				  guide shall not favor one Independent Organization or Federation over
				  another.
(b) The Statewide Campaign
				  Chair shall approve, prior to distribution, the content of any campaign pledge
				  or distribution card to ensure compliance with the State Controller's
				  requirements for format and substance.
(c) The Independent Organization or
				  Federation approved for inclusion in the SECC shall be listed in campaign
				  literature no more than one time unless:
(1)
				  it is in the Independent Organization or Federation's interest to more
				  specifically direct their gifts to separate geographic locations; and
(2) the Independent Organization or
				  Federation maintains records that determine that contributions are designated
				  to that geographic area accrue only to the benefit and purposes of the
				  designated area.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter B - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0200 - APPLICATION PROCESS AND SCHEDULE › Section 35B .0201 - APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Independent Organization or Federation shall apply
					 annually in accordance with the requirements set forth in Rules .0202 and .0203
					 of this Section to the Statewide Campaign Organization. Applications may be
					 obtained via the SECC website at
www.ncsecc.org
. A Federation may submit an
					 application on behalf of a Member Charitable Organization. Applications for
					 inclusion into the SECC current Campaign Solicitation Period shall be received
					 or postmarked by the Statewide Campaign Organization no later than March 1st to
					 be included in the following fall campaign. If March 1st falls on a Sunday or
					 federal holiday, the application shall be postmarked or received by the
					 Statewide Campaign Organization by the end of the next day not a Sunday or
					 federal holiday.
Authority
					 G.S.
					 143-340(26);
Eff. April 1, 2020.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter B - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0200 - APPLICATION PROCESS AND SCHEDULE › Section 35B .0202 - CONTENT OF APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Independent
				  Organization or Federation seeking inclusion in the SECC shall submit an
				  application to the Statewide Campaign Organization. The application shall
				  include:
(1) the name of the Independent
				  Organization or Federation;
(2)
				  name and title of a contact person;
(3) contact person's telephone number and
				  email address;
(4) calculation of
				  fund-raising and administrative costs; and
(5) a signed certification of compliance with
				  the eligibility standards listed in Rule .0203 of this Section.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter B - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0200 - APPLICATION PROCESS AND SCHEDULE › Section 35B .0203 - CRITERIA FOR APPLICANTS

Current through Register Vol. 39, No. 2, July 15, 2024
The SECC Advisory Committee shall approve an Independent
					 Organization or Federation for inclusion if the following criteria is
					 met:
(1) be licensed through the North
				  Carolina Secretary of State to solicit funds, if required;
(2) be able to maintain the confidentiality
				  of the contributor list;
(3) not
				  permit payments of commissions, kickbacks, finders fees, percentages, bonuses,
				  or overrides for fund-raising, and permit no paid solicitation by a
				  fund-raising consultant or solicitor in the SECC;
(4) have a written board policy that assures
				  compliance with all State and Federal laws. Nothing herein denies eligibility
				  to any organization that is otherwise eligible because it is organized by, on
				  behalf of, or to serve persons of a particular race, color, religion, sex, age,
				  national origin or physical or mental disability;
(5) have contact information available to
				  respond to inquiries from state employees, via email, telephone, or
				  messaging;
(6) not use SECC
				  contributions for lobbying activities; and
(7) have a board of directors that contains
				  no less than three persons who meet at least three times a year. The board of
				  directors shall maintain records of all decisions made and make those decisions
				  available to the SECC for inspections if requested.
Authority
					 G.S.
					 143-340(26);
Eff. April 1, 2020.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter B - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0200 - APPLICATION PROCESS AND SCHEDULE › Section 35B .0204 - APPLICATION REVIEW PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Statewide Campaign Organization shall review the application materials for
				  compliance with Rule .0202 of this Chapter and report to the SECC Advisory
				  Committee the status of this review within four weeks of the submission
				  deadline provided in Rule .0201 of this Section.
(b) The SECC Advisory Committee shall review
				  the recommendations of the Statewide Campaign Organization and shall either
				  approve or reject the recommendations based on compliance with Rule .0202 of
				  this Section.
(c) The SECC Advisory
				  Committee may request additional information if necessary to make an
				  eligibility determination under Rule .0203 of this Section. The Independent
				  Organization or Federation shall submit the requested additional information
				  within 10 days of the notification date. Failure to do so may result in the
				  denial of eligibility.
(d) The
				  Statewide Campaign Organization shall notify all Independent Organizations and
				  Federations of the SECC Advisory Committee's decision within 60 days of the
				  submission deadline.
(e) The
				  Independent Organization or Federation may submit a written request for
				  reconsideration to the Statewide Campaign Organization within 10 business days
				  of receipt of notification of rejection by the SECC Advisory
				  Committee.
(f) If after
				  reconsideration, the SECC Advisory Committee upholds its rejection, the
				  Independent Organization or Federation may commence a contested case by filing
				  a petition under
				  G.S.
				  150B-23.
Authority
					 G.S.
					 143-340(26);
Eff. April 1, 2020.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 35 - STATE EMPLOYEES COMBINED CAMPAIGN › Subchapter B - STATE EMPLOYEES COMBINED CAMPAIGN › Section .0300 - GENERAL PROVISIONS › Section 35B .0301 - OPERATING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Independent
				  Organization or Federation that receives the names and addresses of state
				  employees shall segregate this information from all other lists of contributors
				  and use the lists only for acknowledgement purposes. This segregated list shall
				  not be sold or released to anyone outside of the recipient
				  organization.
(b) The Independent
				  Organization or Federation shall disburse contribution amounts on the basis of
				  actual funds received rather than the amount pledged.
(c) The Federation shall disburse
				  contributions quarterly to their Member Charitable Organizations on the basis
				  of actual funds received, rather than amounts pledged.
(d) In the event the Independent Organization
				  or Federation or any of its directors, officers, or employees are the subject
				  of any investigation or legal proceeding by any federal, state or local law
				  enforcement authority based upon its charitable solicitation activities,
				  delivery program services, or use of funds, the organization shall inform the
				  SECC within 10 days of its learning or being notified of the investigation or
				  proceeding. The Independent Organization or Federation shall also inform the
				  SECC of any investigation or proceeding within 10 days of the
				  outcome.
(f) Any Independent
				  Organization or Federation that fails to comply with this Rule or Rule .0203 of
				  this Subchapter may be declared ineligible by the SECC Advisory Committee and
				  the remainder of the contributions shall be classified as Undesignated Funds
				  and distributed pursuant to Rule .0305 of this Section. Any Member Charitable
				  Organization that fails to comply with this Rule or Rule .0203 of this
				  Subchapter may be declared ineligible by the SECC Advisory Committee and the
				  remainder of the contributions shall be redistributed in accordance with the
				  Federation's policies. A declaration of ineligibility shall be based on factors
				  including the following:
(1) the type and
				  severity of the failure to comply;
(2) the period of time or duration that the
				  failure to comply occurred; and
(3)
				  the amount of financial implications of the failure to comply.