reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter W - GENERAL PROGRAM ADMINISTRATION › Section .0600 - PAYMENT PROCEDURES › Section 71W .0605 - CORRECTION OF UNDERPAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
When a Work First household has been underpaid due to an
					 error by the State, county, participant, or due to any other reason, the
					 underpayment shall be corrected by issuing a supplemental payment in the amount
					 by which the Work First household was underpaid.
Authority
					 G.S.
					 108A-27;
					 143B-153;
					 45 C.F.R.
					 233.20;
Eff. February 1,
					 1984;
Readopted Eff. October 1,
					 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter W - GENERAL PROGRAM ADMINISTRATION › Section .0600 - PAYMENT PROCEDURES › Section 71W .0606 - CLIENT FRAUD AND INTENTIONAL PROGRAM VIOLATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  order to prevent fraud, county department of social services shall be
				  responsible for fraud prevention as follows:
(1) Develop an operational program for fraud
				  prevention, detection, and investigation. Requirements shall be based on the
				  following:
(A) the number of
				  recipients;
(B) the effectiveness
				  of the fraud prevention program;
(C) the frequency of suspected fraud cases,
				  and cases; and
(D) the resources
				  available to the agency.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter W - GENERAL PROGRAM ADMINISTRATION › Section .0600 - PAYMENT PROCEDURES › Section 71W .0607 - REPEALED - DETERMINATION OF PAYMENT AMOUNT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153; c. 738, 1987 Session
					 Laws;
Temporary Adoption Eff. January 1, 1988 For a Period of 180
					 Days to Expire on June 28, 1988;
Eff. May 1, 1988;
Repealed Eff. October 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter W - GENERAL PROGRAM ADMINISTRATION › Section .0700 - EMERGENCY ASSISTANCE COVERAGE › Section 71W .0701-.0703

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-39.1;
					 143B-153;
					 45 C.F.R.
					 233.120;
Filed as a Temporary
					 Rule Eff. November 1, 1986 for a period of 62 days to expire on January 1,
					 1987;
Eff. January 1, 1987;
Amended Eff. October 1,
					 1990; June 1, 1990; August 1, 1988;
Filed as a Temporary Amendment
					 Eff. November 7, 1994 for a period of 180 days or until the permanent rule
					 becomes effective, whichever is sooner;
Filed as a Temporary
					 Amendment Eff. January 1, 1995 for a period of 180 days or until the permanent
					 rule becomes effective, whichever is sooner;
Amended Eff. March 1,
					 1995;
Repealed Eff. July 1, 2012.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter W - GENERAL PROGRAM ADMINISTRATION › Section .0700 - EMERGENCY ASSISTANCE COVERAGE › Section 71W .0704 - EMERGENCY ASSISTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Counties shall
				  use their Work First block grant funds to provide emergency assistance to
				  families. This assistance is designed to assist with families' sporadic
				  emergency needs, such as a utility cut-off or an eviction notice. Emergency
				  assistance is not designed specifically to help families move to
				  self-sufficiency, although, use of this assistance may help a family's
				  progress.
(b) Emergency assistance
				  shall be provided to or on behalf of a child under the age of 21, the specified
				  relative of the child, and any other member of the household in which he or she
				  is living. The child under the age of 21 who is within the specified degree of
				  relationship shall be living with the specified relative or have lived with the
				  specified relative within six months prior to the month in which emergency
				  assistance is requested.
(c) The
				  public agency shall determine if the household is eligible for emergency
				  assistance as follows:
(1) The households
				  countable reserve is at or below two thousand two hundred dollars
				  ($2200).
(2) The maximum emergency
				  assistance benefit per household is three hundred dollars ($300.00) during 30
				  consecutive days. Assistance cannot be received again within a 12 consecutive
				  month period.
(3) When the public
				  agency purchases in-kind goods or contracts for the purchase of services to
				  alleviate or to prevent destitution of the family, the value of the in-kind
				  goods or contracted services purchased with the emergency assistance shall be
				  established and considered when authorizing the benefit level.
(A) For in-kind goods, the value shall be the
				  actual purchase price of the goods; and
(B) For contracted services, the provider
				  shall submit to the agency a written statement of the value of the service
				  purchased with the emergency assistance.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter W - GENERAL PROGRAM ADMINISTRATION › Section .0700 - EMERGENCY ASSISTANCE COVERAGE › Section 71W .0705-.0711

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-39.1;
					 143B-153;
					 45 C.F.R.
					 233.120;
Filed as a Temporary
					 Rule Eff. November 1, 1986 for a period of 62 days to expire on January 1,
					 1987;
Eff. January 1, 1987;
Amended Eff. October 1,
					 1990; June 1, 1990; August 1, 1988;
Filed as a Temporary Amendment
					 Eff. November 7, 1994 for a period of 180 days or until the permanent rule
					 becomes effective, whichever is sooner;
Filed as a Temporary
					 Amendment Eff. January 1, 1995 for a period of 180 days or until the permanent
					 rule becomes effective, whichever is sooner;
Amended Eff. March 1,
					 1995;
Repealed Eff. July 1, 2012.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter W - GENERAL PROGRAM ADMINISTRATION › Section .0800 - UNEMPLOYED PARENT PROGRAM › Section 71W .0801-.0803

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-28;
					 143B-153; Chapter 738, 1987
					 Session Laws;
Eff. January 1, 1988;
Amended Eff. August
					 1, 1988;
Repealed Eff. July 1,
					 2012.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter W - GENERAL PROGRAM ADMINISTRATION › Section .0900 - TRANSITIONAL CHILD CARE › Section 71W .0901-.0904

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-25;
					 143B-153; 45 C.F.R. Part
					 256;
Filed as a Temporary Rule Eff. April 1, 1990 for a Period of
					 153 Days to Expire on August 31, 1990;
Temporary Rule Expired Eff.
					 September 1, 1990;
Eff. October 1, 1990;
Repealed Eff.
					 July 1, 2012.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter W - GENERAL PROGRAM ADMINISTRATION › Section .0900 - TRANSITIONAL CHILD CARE › Section 71W .0905 - EXPIRED - DRUG TESTING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-29.1;
					 143B-153;
Temporary
					 Adoption Eff. November 1, 2014;
Temporary Adoption Expired August
					 14, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter X - JOB OPPORTUNITIES AND BASIC SKILLS TRAINING (JOBS) PROGRAM › Section .0100 - ADMINISTRATION › Section 71X .0101-.0108

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-29;
					 143B-153;
					 42 U.S.C.
					 682(a)(2);
					 45 C.F.R. 250.11;
Eff.
					 June 1, 1990;
Amended Eff. June 1, 1991;
Repealed Eff.
					 July 1, 2012.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter X - JOB OPPORTUNITIES AND BASIC SKILLS TRAINING (JOBS) PROGRAM › Section .0200 - JOBS PARTICIPATION › Section 71X .0201-.0210

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
					 42 U.S.C.
					 682(a)(2);
Eff.
					 October 1, 1990;
Repealed Eff. July 1,
					 2012.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter X - JOB OPPORTUNITIES AND BASIC SKILLS TRAINING (JOBS) PROGRAM › Section .0300 - JOBS PROGRAM COMPONENTS AND ACTIVITIES › Section 71X .0301-.0304

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
					 42 U.S.C.
					 682(a)(2);
Eff.
					 October 1, 1990;
Repealed Eff. July 1,
					 2012.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter X - JOB OPPORTUNITIES AND BASIC SKILLS TRAINING (JOBS) PROGRAM › Section .0400 - SUPPORTIVE SERVICES › Section 71X .0401-.0413

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
					 42 U.S.C.
					 602(g);
					 42 U.S.C. 682(a)(2);
Eff. October 1, 1990;
Amended Eff. May 1, 1992;
Repealed Eff. July 1, 2012.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 72 - EDUCATIONAL ASSISTANCE › Section .0100 - GENERA › Section 72 .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L.
				  2007-323, s. 10.34;
Eff. June 1, 2008;
RRC objection
				  August 15, 2019 and rule returned to the agency on September 19,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 72 - EDUCATIONAL ASSISTANCE › Section .0100 - GENERA › Section 72 .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions shall apply in this Chapter:
(1) "Academic Year" means a period of time in
				which a student completes the equivalent of two semesters or three quarters of
				academic work.
(2) "Approved
				Institution" means one of the branches of the University of North Carolina or
				one of the North Carolina community colleges.
(3) "Case Management Services" are a set of
				services provided to participating students and their families that are
				designed to support the student's postsecondary education experience. Such
				services include:
(a) processing and accepting
				applications for the program;
(b)
				certifying each eligible student and the amount of the Eligible Student's
				Scholarship and communicating this information to the North Carolina State
				Education Assistance Authority to authorize release of funds;
(c) compiling databases of resources in the
				students' academic communities that can help students succeed in
				school;
(d) providing or arranging
				for counseling regarding academic issues as well as other concerns that may
				affect the performance of the student;
(e) communicating with and advising students
				on academic issues;
(f) providing
				contact with students throughout their postsecondary experience;
(g) responding to students experiencing
				crisis;
(h) providing or arranging
				for emergency housing up to two weeks for students who have no place to live
				when school is out of session;
(i)
				if allowed by the student, being available to consult with student's families
				and staff of local Departments of Social Services regarding student's
				postsecondary experiences;
(j)
				monitoring grades and the individual's course of study, and evaluating progress
				toward goal achievement;
(k)
				maintaining records for each individual student regarding their academic
				progress and assistance provided; and
(l) providing quarterly program reports of
				case management services to the contract administrator at the State Division of
				Social Services.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 72 - EDUCATIONAL ASSISTANCE › Section .0200 - STUDENT ELIGIBILITY FOR SCHOLARSHIPS, SATISFACTORY PROGRESS REQUIREMENTS › Section 72 .0201 - GENERAL RULE

Current through Register Vol. 39, No. 2, July 15, 2024
Subject to availability of funds a student shall receive a
				  scholarship for an academic year if the approved institution at which the
				  student is enrolled, or admitted for enrollment, determines that the
				  student:
(1) Meets the eligibility
				requirements as set forth in Rule .0102 of this Chapter;
(2) Is a North Carolina resident for tuition
				purposes under
				G.S.
				116-143.1 and the Residence Manual;
(3) Has complied with the registration
				requirements of the Military Selective Service Act (50 U.S.C. A. 451 et
				seq.) or is exempt from registration requirements; and
(4) Is not in default under any federal or
				state loan or grant program.
Authority
				  G.S.
				  143B-153; S.L. 2018-5; S.L
				  2017-57;
Eff. June 1, 2008;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 72 - EDUCATIONAL ASSISTANCE › Section .0200 - STUDENT ELIGIBILITY FOR SCHOLARSHIPS, SATISFACTORY PROGRESS REQUIREMENTS › Section 72 .0202 - SATISFACTORY PROGRESS REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Any eligible student who is placed on academic probation may
				  continue to receive a NC Reach scholarship for one additional semester if the
				  approved institution allows the student to continue in matriculated status. If
				  the student fails to make satisfactory academic progress in the semester or
				  term subsequent to the term in which he or she received academic probation, NC
				  Reach assistance shall be discontinued for at least one academic
				  year.
Authority
				  34 CFR
				  668.34;
				  G.S.
				  143B-153; S.L. 2018-5; S.L.
				  2017-57;
Eff. June 1, 2008;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 72 - EDUCATIONAL ASSISTANCE › Section .0200 - STUDENT ELIGIBILITY FOR SCHOLARSHIPS, SATISFACTORY PROGRESS REQUIREMENTS › Section 72 .0203 - LIMITATION OF AWARD

Current through Register Vol. 39, No. 2, July 15, 2024
An eligible student shall not receive an NC Reach scholarship
				  for more than a total of four academic years, to include the Spring and Fall
				  terms and summer school.
Authority
				  G.S.
				  143B-153; S.L. 2018-5; S.L.
				  2017-57;
Eff. June 1, 2008;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 72 - EDUCATIONAL ASSISTANCE › Section .0300 - APPLICATION › Section 72 .0301 - SCHOLARSHIP APPLICATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Method
				of Applying for Scholarships. Students shall apply online for NC Reach through
www.ncreach.org
. The application shall
				include the applicant's personal information, education history, financial
				information, information release agreement, and electronic signature.
(b) Determination of eligible students.
				Eligibility for the NC Reach program shall be verified by employees of the
				State Division of Social Services.
(c) Scholarships within an Academic Year. An
				eligible student shall, subject to available funds, receive a scholarship for
				one or more semesters or quarters, provided that the eligible student's total
				financial aid, including from the Education Training Voucher, Pell Grant, and
				NC Reach Scholarship, does not exceed the total cost of attendance.
(d) Denial of Scholarship Applications. The
				entity providing case management services shall notify any student whose
				application is denied and the reasons for the denial.
Authority
				  G.S.
				  143B-153; S.L. 2018-5; S.L.
				  2017-57;
Eff. June 1, 2008;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 73 - CONTROLLED SUBSTANCES › Subchapter A - WORK FIRST SUBSTANCE ABUSE SCREENING AND TESTING › Section .0100 - GENERAL › Section 73A .0101 - SCOPE AND PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Public Law 104-193, Personal
					 Responsibility and Work Opportunity Reconciliation Act of 1996 prohibits the
					 provision of Temporary Assistance for Needy Families assistance to individuals
					 who have a drug related felony conviction occurring on or after August 22,
					 1996. The purpose of the rules in this Subchapter is to set forth requirements
					 for the substance use screening and drug testing of Work First Program
					 applicants and recipients.
Authority
					 G.S.
					 108A-25.2;
					 108A-29.1;
					 143B-153;
Eff. June
					 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 73 - CONTROLLED SUBSTANCES › Subchapter A - WORK FIRST SUBSTANCE ABUSE SCREENING AND TESTING › Section .0100 - GENERAL › Section 73A .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions apply to this Chapter:
(1) "Controlled substance" means as defined
				  in G.S.
				  90-87(5).
(2) "Drug test" means the production and
				  submission of a biochemical assay by an applicant or recipient for chemical
				  analysis to detect illegal use of drugs. Such chemical analysis shall meet the
				  requirements of the Controlled Substance Examination Regulation Act, G.S. 95,
				  Article 20.
(3) "Illegal use of
				  controlled substances" means the violation of State or federal law for use of
				  the drugs set forth in Rule .0103 of this Section.
(4) "Reasonable suspicion" means a sufficient
				  basis to believe that the applicant or recipient is engaged in the illegal use
				  of a controlled substance and such reasonable suspicion shall be established
				  only by one of the following:
(a) a score of
				  three or above on the verbal screening questionnaire, the Drug Abuse Screening
				  Test (DAST-10), or
(b) a criminal
				  conviction relating to an illegal controlled substance within the past three
				  years.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 73 - CONTROLLED SUBSTANCES › Subchapter A - WORK FIRST SUBSTANCE ABUSE SCREENING AND TESTING › Section .0100 - GENERAL › Section 73A .0103 - DRUG TESTING

Current through Register Vol. 39, No. 2, July 15, 2024
The county director shall require a basic five panel drug
					 test for applicants and recipients of Work First Family Assistance where there
					 is a reasonable suspicion the applicant or recipient is engaged in the illegal
					 use of controlled substances. The drug test shall identify the illegal use of
					 the following controlled substances:
(1) cannabinoids;
(2) cocaine;
(3) methamphetamines or
				  amphetamines;
(4) opiates;
				  and
(5) phencyclidine.
Authority
					 G.S.
					 108A-29.1;
					 143B-153;
Eff. June
					 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 73 - CONTROLLED SUBSTANCES › Subchapter A - WORK FIRST SUBSTANCE ABUSE SCREENING AND TESTING › Section .0100 - GENERAL › Section 73A .0104 - DRUG TESTING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Drug Abuse Screening Test (DAST-10) shall be completed by an applicant or
				  recipient as a condition of eligibility for the Work First program.
(b) If the applicant or recipient refuses to
				  complete the DAST-10, the applicant or recipient shall be ineligible for cash
				  assistance.
(c) If reasonable
				  suspicion of illegal use of controlled substances exists, the applicant or
				  recipient shall submit to a drug test at the Division of Social Services'
				  expense with the Division of Social Services' contracted vendor, as required by
				  G.S.
				  108A-29.1.
(d) If an applicant or recipient declines to
				  submit to the drug test or fails to complete the drug test, the applicant or
				  recipient shall be ineligible for cash assistance.
(e) If an applicant or recipient substitutes,
				  adulterates, or tampers with the drug testing, the applicant or recipient shall
				  be ineligible for cash assistance.
Authority
					 G.S.
					 108A-29.1;
					 143B-153;
Eff. June
					 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 73 - CONTROLLED SUBSTANCES › Subchapter A - WORK FIRST SUBSTANCE ABUSE SCREENING AND TESTING › Section .0100 - GENERAL › Section 73A .0105 - TECHNIQUES AND METHODS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The analysis of
				  drug test specimens shall be conducted by a laboratory licensed by the NC
				  Department of Health and Human Services and certified by the Substance Abuse
				  and Mental Health Services Administration (SAMHSA). Licensed and certified
				  laboratories are listed in the Federal Register, which is incorporated by
				  reference, including subsequent amendments and editions and at
				  http://www.samhsa.gov/workplace/lab-list,which is incorporated by reference,
				  including subsequent amendments and editions.
(b) Controlled substances or metabolites of a
				  controlled substance shall be tested and analyzed using approved analytical
				  techniques or methods, as follows:
(1)
				  immunoassay;
(2) thin-layer
				  chromatography;
(3) gas
				  chromatography;
(4) mass
				  spectroscopy;
(5) high performance
				  liquid chromatography; or
(6)
				  spectroscopy.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 73 - CONTROLLED SUBSTANCES › Subchapter A - WORK FIRST SUBSTANCE ABUSE SCREENING AND TESTING › Section .0100 - GENERAL › Section 73A .0106 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A drug test
				  given under this Section shall be confidential and consistent with the HIPAA
				  Privacy Rule appearing in 45 CFR Parts 160, et seq., which is incorporated by
				  reference, including subsequent amendments and editions, and State
				  Law.
(b) The drug test results,
				  medical history, or medications taken by the applicant or recipient shall be a
				  confidential record unless its disclosure is otherwise authorized by law or by
				  written consent from the applicant or recipient.
(c) The county departments of social services
				  shall implement administrative, physical, and technical safeguards to maintain
				  confidentiality of drug test results.
Authority
					 G.S.
					 108A-29.1;
					 143B-153;
Eff. June
					 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 73 - CONTROLLED SUBSTANCES › Subchapter A - WORK FIRST SUBSTANCE ABUSE SCREENING AND TESTING › Section .0100 - GENERAL › Section 73A .0107 - REASONABLE ACCOMODATION

Current through Register Vol. 39, No. 2, July 15, 2024
Reasonable accommodations shall be provided to allow an
					 applicant or recipient with disabilities to comply with the drug testing
					 requirement in accordance with the Americans with Disabilities Act of 1990, as
					 amended in 2008 (P.L.
					 110-325), which is incorporated by reference,
					 including subsequent amendments and editions. A copy of the Act may be obtained
					 on the United States Department of Justice, Civil Rights Division at
http://www.ada.gov/pubs/adastatute08.htm
.
Authority
					 G.S.
					 108A-29.1;
					 143B-153;
Eff. July
					 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 73 - CONTROLLED SUBSTANCES › Subchapter A - WORK FIRST SUBSTANCE ABUSE SCREENING AND TESTING › Section .0100 - GENERAL › Section 73A .0108 - NOTICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) At application
				  and at redetermination of eligibility for cash assistance, each applicant or
				  recipient shall receive notice of rights and responsibilities, hearing and
				  appeal rights, and conditions for a retest.
(b) At the time of testing and upon receipt
				  of a confirmed positive drug test result, the applicant or recipient shall
				  receive notice of rights and responsibilities, hearing and appeal rights, and
				  conditions for a retest.
(c) Upon
				  receipt of a confirmed positive test result, the county department of social
				  services shall refer the applicant or recipient for substance abuse information
				  to a "qualified professional in substance abuse" as defined in Rule
				  10A NCAC
				  27G .0104(19), which is
				  incorporated by reference, including subsequent amendments and editions. A copy
				  of the Rule may be obtained at
http://reports.oah.state.nc.us/ncac.asp
.
Authority
					 G.S.
					 108A-29.1;
					 108A-79;
					 143B-153;
Eff. July
					 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter A - GENERAL INFORMATION › Section .0100 - INFORMATION REGARDING RULES › Section 89A .0101 - RULES IN THIS CHAPTER

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Chapter govern the provision of services
					 by the Division of Vocational Rehabilitation Services of the Department of
					 Health and Human Services under the Rehabilitation Act of 1973,
					 Public Law
					 93-112, as amended;
					 G.S.
					 143-545,
					 143-546, and
					 143-547;
					 G.S.
					 168-1 through
					 168-23; and
					 G.S.
					 168A-1 through
					 168A-12.
Authority
					 G.S.
					 143-545;
					 143-546;
					 143-547;
					 143B-10;
Eff.
					 February 1, 1976;
Amended Eff. April 1, 1990; April 1,
					 1988;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter A - GENERAL INFORMATION › Section .0100 - INFORMATION REGARDING RULES › Section 89A .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Chapter, the following terms have the
					 meaning specified:
(1) "Acceptance for
				  services" means that the priority category to which an eligible individual is
				  assigned is being served by the Division.
(2) "Application date" means the date that a
				  client completes and signs an application for services with the
				  Division.
(3) "Appropriate mode of
				  communication" means specialized aids and supports that enable an individual
				  with a disability to comprehend and respond to information that is being
				  communicated including but not limited to, the use of interpreters, open and
				  closed captioned videos, specialized telecommunications services and audio
				  recordings, Brailled and large print materials, materials in electronic
				  formats, augmentative communication devices, graphic presentations, and simple
				  language materials.
(4) "Designated
				  State Agency" or "State Agency" means the sole state agency designated per
				  federal regulations to administer or supervise the local administration of the
				  State Plan for Vocational Rehabilitation Services. In North Carolina, it is the
				  Department of Health and Human Services.
(5) "Client" means an individual who has
				  applied for or is receiving services from the Division.
(6) "Designated State Unit" means the state
				  vocational rehabilitation division that is primarily concerned with vocational
				  rehabilitation or vocational and other rehabilitation of individuals with
				  disabilities and that is responsible for the administration of the vocational
				  rehabilitation program of the State agency.
(7) "Division" means the Division of
				  Vocational Rehabilitation Services of the Department of Health and Human
				  Services.
(8) "Division Director"
				  or "Director" means the Director of the Division of Vocational Rehabilitation
				  Services.
(9) "Division's Fixed
				  Rate" means the rate that the Division will pay for clients to receive training
				  services.
(a) The Division's fixed rate for
				  post-secondary, graduate, professional and summer school is determined by
				  calculating the median rate for tuition at the 16 campus public University
				  system as approved by the North Carolina General Assembly in October
				  2001;
(b) The Division's fixed rate
				  for the community college system is the approved rate for the 58 community
				  college system as approved by the North Carolina General Assembly in October
				  2001.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 89B .0101 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of
				  Rules .0101 through .0108 of this Section is to set forth the Division of
				  Vocational Rehabilitation Services' procedures for rule-making hearings and
				  declaratory rulings.
(b) The
				  procedures in these Rules shall be followed by persons wishing to submit
				  comments, written or oral, at rule-making hearings, by persons requesting
				  additional information regarding proposed or adopted rules, and by persons
				  requesting declaratory rulings.
(c)
				  As used in these rules, the term "rule" has the meaning specified in
				  G.S.
				  150B-2(8a) and includes the
				  amendment or repeal of a prior rule as well as the adoption of a new
				  rule.
Authority
					 G.S.
					 143-545;
					 143-546;
					 143B-10(j)(2);
					 150B-11;
Eff.
					 February 1, 1976;
Amended Eff. April 1, 1988;
Pursuant
					 to G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 89B .0102 - PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  wishing to submit a petition requesting the adoption, amendment, or repeal of a
				  rule by the Division Director shall address the petition to: A.P.A.
				  Coordinator, Division of Vocational Rehabilitation Services, 2801 Mail Service
				  Center, Raleigh, North Carolina 27699-2801.
(b) The petition shall contain the following
				  information:
(1) either a draft of the
				  proposed rule or a summary of its contents and the statutory authority for the
				  Division Director to promulgate the rule;
(2) reason for the proposal;
(3) effect of existing rules;
(4) any data supporting the
				  proposal;
(5) the effect of the
				  proposed rule on existing practices in the area involved, including cost
				  factors;
(6) names and addresses,
				  if known, of those most likely to be affected by the proposed rule;
				  and
(7) name and address of the
				  petitioner.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 89B .0103 - NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When a rule-making hearing is scheduled,
				  in response to a petition or otherwise, the Division shall give notice of a
				  public hearing. The notice shall meet the requirements of
				  G.S.
				  150B-12.
(b) Persons desiring information in addition
				  to that provided in a particular rule-making notice shall contact the
				  Division's A.P.A. Coordinator or other person specified in the hearing notice
				  according to the directions in the notice.
Authority
					 G.S.
					 143-545;
					 143-546;
					 143B-10(j)(2);
					 150B-11;
					 150B-12;
Eff.
					 February 1, 1976;
Amended Eff. April 1, 1988;
Pursuant
					 to G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 89B .0104 - HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Oral
				  Presentations. Oral presentations shall not exceed ten minutes unless, upon
				  request either before or at the hearing, the hearing officer grants an
				  extension of time for good cause.
(b) Written Submissions.
(1) Any person may file a written submission
				  containing data, comments, or arguments within the 30-day period that the
				  hearing record is open for written comments. The deadline for written
				  submissions shall be stated in the hearing notice.
(2) The written submission shall clearly
				  state the proposed rule to which the comments are addressed and shall also
				  include the name and address of the person submitting it. Written submissions
				  shall be sent to the person and address specified in the hearing
				  notice.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 89B .0105 - EXPIRED - JUSTIFICATION OF RULE MAKING DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-545;
					 143-546;
					 143B-10(j)(2);
					 150B-11;
					 150B-12;
Eff.
					 February 1, 1976;
Amended Eff. April 1, 1990; April 1, 1988;
					 October 20, 1979;
Expired Eff. April 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 89B .0106 - RECORD OF RULE MAKING HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
A record of all rule-making hearings shall be maintained by
					 the office of the Division's A.P.A. Coordinator. The record shall be available
					 for public inspection during regular office hours and shall include:
(1) any petitions related to the
				  hearing,
(2) the hearing
				  notice,
(3) all written memoranda
				  and information submitted,
(4) a
				  tape recording or transcript of the oral hearing,
(5) any statement of reasons issued to an
				  interested person according to Rule .0105 of this Section, and
(6) a final draft of the rule.
Authority
					 G.S.
					 143-545;
					 143-546;
					 143B-10(j)(2);
					 150B-11;
Eff.
					 February 1, 1976;
Amended Eff. April 1, 1990; April 1,
					 1988;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 89B .0107 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Except when a statute provides otherwise, the Division may
					 charge a fee to cover the costs of meeting requests for information related to
					 the rule-making hearing.
Authority
					 G.S.
					 12-3.1(c);
					 143-545;
					 143-546;
					 143B-10(j)(2);
					 150B-11;
Eff.
					 February 1, 1976;
Amended Eff. April 1, 1988; October 20,
					 1979;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0100 - RULE MAKING PROCEDURES › Section 89B .0108 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All requests
				  for declaratory rulings shall be by written petition and shall be submitted to:
A.P.A. Coordinator
Division of Vocational Rehabilitation Services
805 Ruggles Drive
2801 Mail Service Center
Raleigh, North Carolina 27699-2801
(b) Every request for a declaratory ruling
				  shall include the following information:
(1)
				  the name, address, and telephone number of the petitioner;
(2) the statute, rule, or order to which the
				  petition relates;
(3) a concise
				  statement of the reasons why the petitioner is aggrieved by the rule, statute,
				  or order, or its potential application to the petitioner; and
(4) the consequences of a failure to issue a
				  declaratory ruling.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0201 - APPLICABILITY OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Except for administrative reviews, mediation, and appeals
					 to be conducted according to the provisions of Rules .0202 through .0228 of
					 this Section, appeals concerning the administration of the rules in this
					 Chapter shall be filed and conducted in accordance with G.S. 150B and
					 10A NCAC
					 01.
Authority
					 G.S.
					 143-546.1;
					 150B-1;
					 34 C.F.R.
					 361.57;
					 P.L.
					 105-220, s.102 (c);
Eff. February 1,
					 1976;
Amended Eff. July 1, 2000; September 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0202 - WRITTEN INFORMATION FOR APPLICANTS AND CLIENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  applicants for and clients receiving vocational rehabilitation services shall
				  be informed of the opportunities for an administrative review, mediation and an
				  appeal available under Section 102(c) of the Rehabilitation Act and Rules .0202
				  through .0228 of this Section.
(b)
				  Written information shall be provided to all applicants and clients informing
				  them:
(1) of their right to an appeals hearing
				  when they are dissatisfied with any determinations made by the division
				  concerning the furnishing or denial of services;
(2) that they have the option of seeking
				  resolution of the issue through an administrative review prior to an appeals
				  hearing;
(3) that mediation may be
				  available to resolve their problems if the Division agrees to it;
(4) that the rehabilitation counselor,
				  rehabilitation coordinator or other designated staff of the division will
				  assist them in preparation of the written request for an administrative review,
				  mediation, or appeal;
(5) of the
				  name and address of the appropriate regional director to whom the request shall
				  be submitted; and
(6) that they may
				  receive assistance with the resolution of their problems through the Client
				  Assistance Program.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0203 - REQUEST FOR ADMINISTRATIVE REVIEW AND APPEALS HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  When any applicant for or client receiving vocational rehabilitation services
				  wishes to request an administrative review, mediation, and an appeals hearing
				  or only an appeals hearing, the individual shall submit a written request to
				  the appropriate regional director of the Division.
(b) The request shall indicate if the
				  individual is requesting:
(1) an
				  administrative review, mediation, and an appeals hearing to be scheduled
				  concurrently;
(2) an administrative
				  review and an appeals hearing to be scheduled concurrently; or
(3) only an appeals hearing.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0204 - DIVISION ACTIONS IN RESPONSE TO REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  receipt of a request for an appeals hearing, the regional director shall
				  immediately forward the original request to the Division's Chief of Operations
				  who will arrange for the provision of information about the possibility of
				  mediation to the individual and the appointment of a hearing officer to conduct
				  the appeals hearing.
(b) If the
				  individual has requested an administrative review in addition to an appeals
				  hearing, the regional director shall:
(1) make
				  a decision to conduct the administrative review himself or herself or appoint a
				  designee to conduct the administrative review who:
(A) has had no previous involvement in the
				  issues currently in controversy;
(B) can conduct the administrative review in
				  an unbiased way; and
(C) has a
				  broad working knowledge of the Division's rules, federal regulations governing
				  the program, and the State Plan for Vocational Rehabilitation Services or
				  Independent Living Services (as appropriate); and
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0205 - SCHEDULING AND NOTICE OF ADMINISTRATIVE REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If an
				  administrative review is to be conducted, the regional director or designee
				  shall:
(1) set a date, time and place for the
				  administrative review;
(2) send
				  written notification by certified mail to the applicant or client and the
				  individual's parent, guardian or representative, as appropriate, of the date,
				  time and place for the administrative review at least five days prior to the
				  administrative review;
(3) advise
				  the applicant or client in the written notice that a hearing officer will be
				  appointed by the Division to conduct a hearing if the matter is not resolved in
				  the administrative review and that the applicant or client will also receive
				  additional information regarding mediation if mediation has been requested and
				  a written notice from the hearing officer regarding the formal appeals hearing
				  which will be held after the administrative review and mediation; and
(4) notify the Director of the Client
				  Assistance Program (CAP) and other individuals to be involved in the
				  administrative review of the request and the date, time and place for the
				  administrative review. This notification may be by phone or in
				  writing.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0206 - APPOINTMENT OF HEARING OFFICER AND MEDIATOR

Current through Register Vol. 39, No. 2, July 15, 2024
Upon receipt of the applicant's or client's request for
					 mediation and an appeals hearing or only an appeals hearing from the regional
					 director, the Chief of Operations shall arrange for the Coordinator of Rules
					 and Policy Development to appoint a qualified mediator if mediation has been
					 requested and an impartial hearing officer. The hearing officer shall be
					 selected on a random basis without replacement from the pool of persons
					 qualified as defined in Section 7 (16) of the Rehabilitation Act of 1973,
					 29 U.S.C. Section
					 720, et.seq., as amended.
Authority
					 G. S.
					 143-546.1;
					 150B-1;
					 34 C.F.R.
					 361.57;
					 P.L.
					 105-220, s. 102(c);
Eff. February 1,
					 1976;
Amended Eff. July 1, 2000; April 1, 1997; October 1, 1994;
					 September 1, 1989; October 20, 1979;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0207 - SCHEDULING AND NOTICE OF MEDIATION AND APPEALS HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				  mediation is agreed upon, the mediation shall take place prior to the appeals
				  hearing and shall be conducted according to Rule .0210 of this
				  Section.
(b) The hearing officer
				  shall schedule the formal appeals hearing, to be held within 45 days of receipt
				  of the original request by the applicant or client as described in Rule .0203
				  of this Section unless the Coordinator of Rules and Policy Development has
				  extended the time for the hearing for a specific period of time upon written
				  agreement of both parties or the hearing officer grants an extension under
				  Subparagraph (d)(4) of this Rule.
(c) The hearing officer shall provide the
				  applicant or client and the division written notice of the date, time and place
				  of the hearing and the issue(s) to be considered at least 10 days prior to the
				  hearing. A copy of the notice shall be sent to the Client Assistance Program if
				  CAP is involved in the case.
(d)
				  The notice shall inform the applicant or client and the division:
(1) of the procedures to be followed in the
				  hearing;
(2) of the particular
				  sections of the statutes, federal regulations, state rules, and state plan
				  involved;
(3) of the rights of the
				  applicant or client as specified in
				  34 C.F.R.
				  361.57(b)(1) through
				  (b)(4);
(4) that the hearing officer shall extend the
				  time for the hearing if the parties jointly agree to a specific extension of
				  time and submit a written statement to that effect to the hearing officer;
				  and
(5) that the hearing may be
				  cancelled if the matter is resolved in an administrative review or through
				  mediation.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 89 - VOCATIONAL REHABILITATION › Subchapter B - PROCEDURE › Section .0200 - CONTESTED CASES: ADMINISTRATIVE REVIEWS: APPEALS HEARINGS › Section 89B .0208 - ADMINISTRATIVE REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Within 15 days
				  of the original request for an administrative review by the applicant or
				  client, the regional director or designee shall hold the administrative review
				  with the applicant or client; the individual's parent, guardian or
				  representative, as appropriate; the CAP Director, as appropriate; and other
				  individuals deemed necessary by the regional director or designee.
(b) Within five working days of the
				  administrative review, the regional director or designee shall make a decision
				  and notify the applicant or client and others using the following procedures:
(1) compile a written report of the
				  administrative review outlining the purposes of the administrative review, the
				  participants, the decision that was reached, and the rationale for the
				  decision;
(2) send the written
				  report containing the decision to the applicant or client by certified mail
				  with return receipt requested, with a copy being placed in the individual's
				  official case record, and copies being forwarded to the Chief of Operations and
				  the CAP director if CAP is involved; and
(3) provide instructions to the applicant or
				  client of steps that may be taken in response to the decision and the deadline
				  for the responses. A form indicating agreement with the decision and requesting
				  that the hearing be cancelled shall be included for the applicant's or client's
				  signature if the individual agrees with the decision.