reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 48 - LOCAL HEALTH DEPARTMENT ACCREDITATION › Subchapter B - LOCAL HEALTH DEPARTMENT ACCREDITATION STANDARDS › Section .1300 - GOVERNANCE › Section 48B .1305 - BENCHMARK 38

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Benchmark: The
				  local board of health shall participate in the establishment of public health
				  goals and objectives.
(b)
				  Activities:
(1) The local board of health
				  shall annually review reports provided by the local health department on the
				  community's health.
(2) The local
				  board of health or the advisory committee on health shall review community
				  health assessment data and citizen input used to plan and monitor progress
				  toward health-related goals.
(3)
				  The local board of health or the advisory committee on health shall assure that
				  individuals, agencies, and organizations have the opportunity to participate in
				  the development of goals, objectives and strategies for community health
				  improvement.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 48 - LOCAL HEALTH DEPARTMENT ACCREDITATION › Subchapter B - LOCAL HEALTH DEPARTMENT ACCREDITATION STANDARDS › Section .1300 - GOVERNANCE › Section 48B .1306 - BENCHMARK 39

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Benchmark: The
				  local board of health shall assure the availability of resources to implement
				  the essential services described in
				  G.S.
				  130A-34.1(e)(2).
(b) Activities:
(1) The local board of health or the advisory
				  committee on health shall communicate with the board of county commissioners,
				  units of government and private foundations in support of local health
				  department efforts to secure national, state and local financial
				  resources.
(2) The local board of
				  health shall review fiscal reports to assure essential services of public
				  health are being provided in accordance with local, state and federal
				  requirements.
(3) The local board
				  of health shall annually review and approve the local health department budget
				  and approve fees in accordance with
				  G.S.
				  130A-39(g).
(4) The local board of health or the advisory
				  committee on health shall communicate with the board of county commissioners,
				  units of government and private foundations in support of the development,
				  implementation and evaluation of public health programs and a community health
				  improvement process.
(5) The local
				  board of health shall assure that the proposed budget for the local health
				  department meets maintenance of effort requirement in the consolidated
				  agreement between the Division of Public Health and local health
				  department.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 48 - LOCAL HEALTH DEPARTMENT ACCREDITATION › Subchapter B - LOCAL HEALTH DEPARTMENT ACCREDITATION STANDARDS › Section .1300 - GOVERNANCE › Section 48B .1307 - BENCHMARK 40

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Benchmark: The
				  local board of health or the advisory committee on health shall advocate in the
				  community on behalf of public health.
(b) Activities:
(1) The local board of health or the advisory
				  committee on health shall inform elected officials and community boards about
				  community health issues.
(2) The
				  local board of health or the advisory committee on health shall communicate
				  support for the enactment and retention of laws and rules and the development
				  of public health interventions that protect health and ensure safety.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 48 - LOCAL HEALTH DEPARTMENT ACCREDITATION › Subchapter B - LOCAL HEALTH DEPARTMENT ACCREDITATION STANDARDS › Section .1300 - GOVERNANCE › Section 48B .1308 - BENCHMARK 41

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Benchmark: The
				  local board of health or the advisory committee on health shall promote the
				  development of public health partnerships.
(b) Activities:
(1) The local board of health or the advisory
				  committee on health shall take actions to foster community input regarding
				  public health issues.
(2) The local
				  board of health or the advisory committee on health shall take actions to
				  foster local health department partnership-building efforts and staff
				  interactions with the community.
(3) The local board of health or the advisory
				  committee on health shall take actions to foster the coordination of resources
				  to enhance partnerships and collaboration to achieve public health
				  objectives.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter A - ORGANIZATION › Section .0100 - RIGHTS › Section 63A .0101 - NON-DISCRIMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
No individual seeking or receiving services through any
					 program administered by the Division of Services for the Blind shall be
					 discriminated against on the basis of race, national origin, gender, religion,
					 or disabling condition.
Authority
					 G.S.
					 143B-157;
Eff. August 1,
					 2002;
Readopted Eff. October 1,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter A - ORGANIZATION › Section .0200 - DEFINITIONS › Section 63A .0201 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions apply throughout this Chapter.
					 Where there are definitions that apply to only one program, they will be
					 identified in the appropriate Subchapter.
(1) "Blind" is defined in
				  G.S.
				  111-11(1).
(2) "Visually Impaired" is defined in
				  G.S.
				  111-11(2).
(3) "Division" means the Division of Services
				  for the Blind.
(4) "Consumer" means
				  an individual who is seeking, is receiving, or has received services from at
				  least one of the Division programs.
(5) "Agency" means the Division of Services
				  for the Blind.
Authority
					 G.S.
					 111-11;
					 143B-157;
					 143B-158;
					 143B-159;
					 143B-160;
Eff.
					 August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter B - PROCEDURAL RULES › Section .0100 - RULE-MAKING PROCEDURES › Section 63B .0101 - PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  wishing to request the adoption, amendment, or repeal of a rule of the
				  Commission for the Blind shall make his request in a petition addressed to:
Director
Division of Services for the Blind
309 Ashe Avenue
2601 Mail Service Center
Raleigh, North Carolina 27699-2601
(b) The petition shall contain the following
				  information:
(1) a draft of the proposed rule
				  or a summary of its contents;
(2)
				  the statutory authority for the agency to promulgate the rule;
(3) the reasons for the proposal;
(4) its effect on existing rules or
				  orders;
(5) any data supporting the
				  proposal;
(6) the effect of the
				  proposed rule on existing practices, including cost factors;
(7) the names and addresses, if known, of
				  those most likely to be affected by the proposed rule; and
(8) the name and address of the
				  petitioner.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter B - PROCEDURAL RULES › Section .0100 - RULE-MAKING PROCEDURES › Section 63B .0102 - NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person or agency desiring to be on
				  the list for rule-making notices may file a written request, furnishing the
				  name and mailing address, with the Commission for the Blind at the address
				  shown in 10A NCAC 63B
				  .0101(a). The request must state the
				  subject areas for which notice is requested. The Commission shall review the
				  mailing list periodically and may write to any person on the list to inquire
				  whether he wishes to remain on the list. If no response is received, that
				  person may be removed from the list.
(b) Any person desiring information in
				  addition to that provided in a particular notice of rule-making proceeding or
				  notice of text may contact the Commission for the Blind at the address shown in
				  10A NCAC
				  63B .0101(a).
Authority
					 G.S
					 143B-157;
					 150B-21.2;
					 150B-21.6;
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter B - PROCEDURAL RULES › Section .0100 - RULE-MAKING PROCEDURES › Section 63B .0103 - HEARING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission for the Blind, or one or more members of the
					 Commission, or one or more hearing officers designated and authorized by the
					 Commission, shall be hearing officers in a rule making
					 hearing.
Authority
					 G.S.
					 143B-157;
Eff. February 1,
					 1976;
Readopted Eff. November 16, 1977;
Amended Eff.
					 August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter B - PROCEDURAL RULES › Section .0100 - RULE-MAKING PROCEDURES › Section 63B .0104 - HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Written
				  comments must clearly state the rule to which the comments are addressed and
				  the name and address of the submitting person. Written comments must be sent to
				  the Commission for the Blind at the address shown in
				  10A NCAC
				  63B .0101(a).
(b) The hearing officer shall promptly
				  acknowledge receipt of all written submissions.
(c) The presiding officer at the hearing
				  shall have complete control over the proceedings, including:
(1) the responsibility of having a record
				  made in accordance with
				  G.S.
				  150B-21.2;
(2) extension of any time
				  allotments;
(3) recognition of
				  speakers;
(4) prevention of
				  repetitious presentations; and
(5)
				  general management of the hearings.
The presiding hearing officer shall assure that each person
					 at the hearing is given a fair opportunity to present information, views, and
					 arguments.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter B - PROCEDURAL RULES › Section .0100 - RULE-MAKING PROCEDURES › Section 63B .0105 - DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person who
				  desires a written statement of the Commission's reasons for the decision to
				  adopt or reject a rule may, within 30 days after the decision, submit a request
				  to the Commission for the Blind at the address shown in
				  10A NCAC
				  63B .0101(a).
(b) The Commission for the Blind shall issue
				  the statement of reasons within 30 days after receipt of the request.
Authority
					 G.S.
					 143B-157;
					 150B-21.2;
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; August 1, 1990; February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter B - PROCEDURAL RULES › Section .0100 - RULE-MAKING PROCEDURES › Section 63B .0106 - RECORD OF PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
A record of all rule-making proceedings, including any
					 petitions received by the Division of Services for the Blind APA Coordinator's
					 office, shall be maintained by the APA Coordinator's office and shall be
					 available for public inspection during regular office hours. This record shall
					 be kept in accordance with
					 G.S.
					 150B-21.2.
Authority
					 G.S.
					 143B-157;
					 150B-21.2;
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; April 1, 1990; February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter B - PROCEDURAL RULES › Section .0100 - RULE-MAKING PROCEDURES › Section 63B .0107 - EXPIRED - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-157;
					 150B-19;
Eff.
					 February 1, 1976;
Readopted Eff. November 16, 1977;
Expired Eff. December 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter B - PROCEDURAL RULES › Section .0100 - RULE-MAKING PROCEDURES › Section 63B .0108 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The director of
				  the Division shall have the power to make declaratory rulings. All requests for
				  declaratory rulings shall be made by written petition and shall be submitted to
				  the Division at the address shown in
				  10A NCAC
				  63B .0101(a).
(b) Every request for a declaratory ruling
				  must include the following information:
(1)
				  the name and address of the petitioner;
(2) the rule to which the petition
				  relates;
(3) a concise statement of
				  the manner in which the petitioner is aggrieved by the rule or its potential
				  application to him; and
(4) the
				  consequences of a failure to issue a declaratory ruling.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter B - PROCEDURAL RULES › Section .0200 - CONTESTED CASES › Section 63B .0201 - HEARING OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
All contested cases arising under the rules contained in
					 Subchapters 63F, 63E and 63G of this Chapter shall be heard by an
					 Administrative Law Judge from the Office of Administrative Hearings and
					 conducted according to G.S. 150B. Contested cases arising under the Business
					 Enterprises Program or the Vocational Rehabilitation Program shall be heard in
					 accordance with the rules of Subchapter 63C or 63G as
					 appropriate.
Authority
					 G.S.
					 111-16;
					 143B-157;
					 150B-23;
					 34 C.F.R.
					 361;
					 34 C.F.R. 395; 20 U.S.C. Sec.
					 107;
Eff. February 1, 1976;
Readopted Eff. November 16,
					 1977;
Amended Eff. August 1, 2002; August 1, 1990; February 1,
					 1986; June 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0100 - BUSINESS ENTERPRISES PROGRAM › Section 63C .0101 - PURPOSE AND DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Subchapter:
(1) "Blind person" or "legally blind" means a
				  person who meets the criteria defined in
				  34 CFR
				  395.1(c) and
				  G.S.
				  111-11.
(2) "Division" or "DSB" means Division of
				  Services for the Blind.
(3) "Blind
				  licensee" or "licensee" means a blind person licensed by the Division to
				  operate a Business Enterprises facility on federal, State, or other
				  property.
(4) "Blind operator" or
				  "operator" means a blind licensee who is operating a Business Enterprises
				  facility on federal, State, or other property.
(5) The "Business Enterprises Program (BEP)"
				  means a program that provides training and the opportunity for blind
				  individuals to achieve self-employment through the operation of vending and
				  food service facilities on federal, State, and other properties.
(6) "Business Enterprises facility" "or
				  facility" means any vending and food service facility operated by the North
				  Carolina Business Enterprises Program as defined in
				  34 CFR
				  395.1.
(7) "Elected Committee of Blind Vendors
				  (ECBV)" means a committee as defined in
				  34 CFR
				  395.14 whose members are elected by the
				  Business Enterprises operators.
(8)
				  "Active participation" means communications and negotiations between the
				  Elected Committee of Blind Vendors and the Division in matters pertaining to
				  major administrative decisions and policy and program development decisions
				  affecting the overall administration of the Business Enterprises Program prior
				  to implementation.
(9) "Host
				  facility" means the sponsor or owner of a site upon which a Business
				  Enterprises facility is located.
Authority
					 G.S.
					 111-27;
					 143B-157;
					 34 C.F.R.
					 395;
					 20 U.S.C. Sec. 107;
Eff. February 1, 1976;
Readopted Eff. November 16,
					 1977;
Amended Eff. August 1, 2002; February 1, 1986; October 1,
					 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23, 2015;
Amended
					 Eff.October 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0100 - BUSINESS ENTERPRISES PROGRAM › Section 63C .0102 - RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division
				  shall assure that:
(1) each operator is
				  provided access to all program and financial data of the Division relevant to
				  the operation of the Business Enterprises Program, including quarterly and
				  annual financial reports, to the extent that such disclosure does not violate
				  applicable federal and state laws pertaining to the disclosure of confidential
				  information;
(2) insofar as
				  practicable such data shall be made available on tape, disk, large print, and
				  Braille; and
(3) at the request of
				  an operator, the Division will arrange a convenient time to assist in the
				  interpretation of such data.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0100 - BUSINESS ENTERPRISES PROGRAM › Section 63C .0103 - BUSINESS ENTERPRISES FACILITY EQUIPMENT: MERCHANDISE: AND SUPPLIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division shall furnish each Business
				  Enterprises facility with the equipment, initial stock, and initial supplies
				  that are necessary to operate the unit.
(b) Except as set forth in Paragraph (c) of
				  this Rule, the right, title to, and interest in Business Enterprises equipment,
				  merchandise, petty cash, and all other assets used in the program shall be
				  vested in the Division only and may be used and disposed of by the Division for
				  program purposes only, and in accordance with state and federal law.
(c) If the Division and operator agree in
				  writing that the right, title to, and interest in Business Enterprises stock
				  will be vested in the operator, then the Division shall retain a first option
				  to repurchase such stock and, in the event the operator dies, for any other
				  reason ceases to be an operator, or transfers to another vending facility, the
				  ownership of such stock shall become vested in the Division for transfer to a
				  successor operator subject to an obligation of the Division to pay to such
				  operator or the operator's heirs the fair value of the stock. The Division's
				  obligation to pay the fair value of the stock to the operator or the operator's
				  heirs under this Rule shall be reduced by the amount of any outstanding debt
				  owed by the operator to the Division.
(d) The Division shall maintain all Business
				  Enterprises equipment in good repair and in attractive condition, and shall
				  replace worn-out or obsolete equipment as required to assure the continued
				  successful operation of the facility. The licensed operator of a facility shall
				  take the initiative in identifying needed equipment repairs and
				  replacement.
Authority
					 G.S.
					 111-27;
					 143B-157;
					 34 C.F.R.
					 395.6;
					 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23, 2015;
Amended Eff.
					 October 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0100 - BUSINESS ENTERPRISES PROGRAM › Section 63C .0104 - TRAINING PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall provide for the training of legally
					 blind individuals according to the requirements of
					 34 CFR
					 395.11 and for the training and retraining of
					 blind operators with assistance from the Elected Committee of Blind
					 Vendors.
Authority
					 G.S.
					 111-27;
					 143B-157;
					 34 C.F.R.
					 395.11;
					 34 C.F.R. 395.14; 20 U.S.C. Sec.
					 107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002;
					 February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23, 2015;
Amended Eff.
					 October 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0200 - LICENSING AND PLACEMENT › Section 63C .0201 - ISSUANCE OF LICENSES

Current through Register Vol. 39, No. 2, July 15, 2024
The Division, through the Business Enterprises Program,
					 shall license blind individuals who meet eligibility requirements for the
					 Business Enterprises Program. The licensee shall signify acceptance of the
					 licensing by placing their signature or mark on the license. This license shall
					 be issued for an indefinite period but shall be subject to suspension or
					 termination if, after affording the operator or licensee an opportunity for a
					 full evidentiary hearing, the Business Enterprises facility is not being
					 operated in accordance with the rules in this Subchapter, the terms and
					 conditions of the facility permit, contract or agreement and the terms and
					 conditions of the operator agreement.
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 395.7;
					 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23, 2015;
Amended Eff.
					 October 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0200 - LICENSING AND PLACEMENT › Section 63C .0202 - ELIGIBILITY FOR LICENSING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division shall interview prospective licensees as referred by the vocational
				  rehabilitation program and shall make written recommendations to the Chief of
				  the Business Enterprises Program concerning the potential of the referral
				  commensurate with the specific job requirements of the Business Enterprises
				  Program.
(b) To be considered for
				  training and licensure, the prospective licensee shall:
(1) meet the definition of legally blind in
				  34 CFR
				  395.1(c) and
				  G.S.
				  111-11;
(2) be at least 21 years of age;
(3) be physically able to perform all the
				  duties as further detailed in this Subchapter;
(4) be evaluated for and demonstrate
				  proficiency of skill in basic mobility, mathematics, basic computer skills,
				  verbal and written communications, reading comprehension, and basic food
				  service practices;
(5) be familiar
				  with the rules and regulations for Business Enterprises Program, successfully
				  complete the Business Enterprises training program sponsored by the Division,
				  and be certified by the Division as capable of operating a Business Enterprises
				  facility;
(6) be a citizen of the
				  United States and reside in North Carolina;
(7) not have previous convictions of
				  misdemeanors involving crimes of dishonesty or of any felony; and
(8) submit to and pass a drug and alcohol
				  screening provided by the Division.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0200 - LICENSING AND PLACEMENT › Section 63C .0203 - SUSPENSION OR TERMINATION OF LICENSE AND REMOVAL FROM BUSINESS ENTERPRISES FACILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division may suspend or terminate the
				  license of an operator, after affording the operator an opportunity to appeal
				  the decision as set forth in Section .0400.
(b) Licenses to licensees and operators shall
				  be terminated if the licensee or operator:
(1)
				  no longer meets the definition of legally blind pursuant to Rule .0101 of this
				  Subchapter;
(2) withdraws from the
				  program and sends written notification to the Division;
(3) is convicted of a misdemeanor involving
				  crimes of dishonesty or any felony;
(4) provides false information to the
				  Division pertaining to eligibility requirements set forth pursuant to Rule
				  .0202 of this Subchapter;
(5)
				  unlawfully possesses firearms or lethal weapons on the job;
(6) uses Business Enterprises equipment
				  purchased with program funds or a Business Enterprises facility to operate
				  another business; or
(7) if an
				  operator's license is suspended 3 times within a consecutive 24-month period in
				  accordance with Paragraph (c) of this Rule, regardless of the reason for
				  suspension.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0200 - LICENSING AND PLACEMENT › Section 63C .0204 - FILLING OF VACANCIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division
				  shall send a notice of vacant facilities to all operators and licensees within
				  the last 10 business days of the month. The notice shall provide a description
				  of the vacancy, who to contact for more information, the address where the
				  application may be submitted, and the deadline for receipt of application. The
				  deadline specified in the notice shall be no earlier than that 10th day of the
				  following month, or the first business day thereafter. In the event of an
				  emergency vacancy, including death or illness of an operator, the schedule for
				  sending notices of vacant facilities, conducting interviews, and awarding
				  vacancies set forth in this Rule may be changed as determined by the Chief of
				  Business Enterprises and the chairman of the Elected Committee of Blind Vendors
				  or his or her designee.
(b) An
				  individual shall be eligible to apply for a vacancy if the individual currently
				  possesses the license level required by the vacant facility or, if the training
				  is not currently provided by the Division or otherwise available for the
				  license level required for the vacant facility, the individual shall be
				  eligible to apply if the applicant holds the next lower license
				  level.
(c) An individual who has
				  received written notice from the Division that the individual owes money to the
				  Business Enterprises Program and still owes that money is only eligible to
				  apply for a vacancy if:
(1) the individual has
				  a repayment plan in place to repay the money he or she owes and is in
				  compliance with that repayment plan; or
(2) there is a pending grievance as set forth
				  in Section .0400 in this Chapter.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0200 - LICENSING AND PLACEMENT › Section 63C .0205 - CONTRACTUAL AGREEMENT BETWEEN DIVISION AND OPERATOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  licensee or operator who accepts a Business Enterprises assignment shall enter
				  into an operating agreement with the Division upon initial placement and upon
				  subsequent reassignment.
(b) When a
				  permit or contract with a host facility is developed, it shall become a part of
				  the operator agreement and the operator shall conduct the business in
				  accordance with the provisions of that permit or contract.
(c) The operator agreement shall include
				  provisions which specify:
(1) responsibilities
				  of the licensed operator required by the rules in this Subchapter;
(2) responsibilities of the Division required
				  by the rules in this Subchapter;
(3) the licensed operator will receive the
				  net proceeds in accordance with
				  34 CFR
				  395.9 from the Business Enterprises facility
				  he or she operates in accordance with Section .0700 of this
				  Subchapter;
(4) the operator's
				  right to terminate the agreement at any time;
(5) the agreement will terminate upon
				  termination of the permit or contract with the host facility;
(6) that the agreement will terminate upon
				  failure of the licensed operator to operate the Business Enterprises facility
				  in accordance with the agreement or the rules in this Subchapter or applicable
				  federal, State, or local laws or regulations;
(7) the agreement will terminate upon the
				  closing of a facility that offers no possibility of being profitable.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0200 - LICENSING AND PLACEMENT › Section 63C .0206 - CONFIDENTIAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
All information and records pertaining to participants in
					 the Business Enterprises Program shall be confidential and may not be revealed
					 except in the administration of the program, by the consent of the participant,
					 or as otherwise required by law.
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 361.49;
					 20 U.S.C. Sec. 107a et seq., as
					 amended;
Eff. October 1, 1978;
Recodified from .0409(f)
					 effective May 30, 1984;
Amended Eff. February 1, 1986;
Readopted Eff. October 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0300 - SPECIAL PROVISIONS › Section 63C .0301 - EXPIRED - HEALTH INSURANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-27; 20 U.S.C. sec. 107a et seq., as
					 amended;
Eff. February 1, 1976;
Readopted Eff. November
					 16, 1977;
Amended Eff. April 1, 1990; October 1, 1978;
Expired Eff. December 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0300 - SPECIAL PROVISIONS › Section 63C .0302 - EXPIRED - TEMPORARY CLOSING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 395.4;
					 20 U.S.C. sec. 107;
Eff. February 1, 1976;
Readopted Eff. November 16,
					 1977;
Amended Eff. August 1, 2002; April 1, 1990; February 1, 1986;
					 October 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23, 2015;
Repealed Eff
					 October 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0400 - ADMINISTRATIVE APPEAL PROCEDURE › Section 63C .0401 - REPEALED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-27;
					 143B-157;
					 34 C.F.R.
					 395.4;
					 34 C.F.R. 395.13; 20 U.S.C. sec.
					 107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002;
					 May 1, 1996; February 1, 1984;
Repealed Eff. October 1,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0400 - ADMINISTRATIVE APPEAL PROCEDURE › Section 63C .0402 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every operator or licensee or the ECBV
				  has the right to present a problem or appeal free from interference, restraint,
				  coercion, discrimination, or reprisal. This Rule shall be covered fully during
				  orientation procedures for new operators or licensees.
(b) When presenting an appeal, an operator or
				  licensee or the ECBV may be accompanied by a person or persons of his or her
				  choice.
Authority
					 G.S.
					 111-27;
					 143B-157;
					 34 C.F.R.
					 395.4;
					 34 C.F.R. 395.13; 20 U.S.C. sec
					 107;
Eff. October 1, 1978;
Amended Eff. February 1,
					 1984, February 1, 1981;
Recodified Paragraph (f) to Rule .0212 Eff.
					 May 30, 1984;
Amended Eff. August 1, 2002; May 1, 1996; August 1,
					 1990; February 1, 1986;
Readopted Eff. October 1,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0400 - ADMINISTRATIVE APPEAL PROCEDURE › Section 63C .0403 - PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee,
				  operator, or the ECBV dissatisfied with any action or inaction taken by the
				  Division related to the Business Enterprises Program may request an informal
				  review by the Operator Relations Committee. Participation in an informal review
				  is not required to obtain a full evidentiary hearing, nor does participation in
				  an informal review waive any right to obtain a full evidentiary hearing.
(1) When a licensee, operator, or the ECBV
				  wishes to request an informal review by the Operator Relations Committee, the
				  licensee, operator, or ECBV shall submit a written request to the Business
				  Enterprises Program Chief. The licensee, operator, or the ECBV shall have 20
				  business days after the action or inaction taken by the Division that they are
				  dissatisfied with to request an informal review.
(2) The written request of the licensee,
				  operator, or ECBV shall include:
(A) their
				  name, address, and preferred means of receiving written communication with the
				  Division;
(B) a statement that they
				  are requesting an informal review;
(C) a statement explaining the actions or
				  inactions with which they are dissatisfied; and
(D) a statement explaining the resolution
				  sought by the licensee, operator, or ECBV.
This request shall be transmitted to the Business
					 Enterprises Program Chief personally, electronically, or by certified mail,
					 return receipt requested.
(3) The licensee, operator, or the ECBV shall
				  be notified of the date and location of the informal review at least five
				  business days in advance of the informal review. The informal review shall be
				  conducted within 25 business days of receipt of the request. The Operator
				  Relations Committee shall issue a written decision within 10 business days
				  after the informal review is conducted and mail the decision to the licensee,
				  operator, or ECBV and the Division.
(4) The Division shall review the decision of
				  the Operator Relations Committee and shall notify the licensee, operator, or
				  ECBV in writing whether the Division affirms or overrules the decision within
				  five business days of receipt of the decision.
(5) A request for an informal review under
				  this Rule shall have the effect of suspending the time limitation for filing a
				  petition for contested case hearing pursuant to
				  G.S.
				  150B-23 and other provisions of Chapter 150B,
				  Article 3 until the later of the following:
(A) the licensee, operator, or the ECBV
				  receives written notice of the Division's final decision regarding the informal
				  review; or
(B) the licensee,
				  operator, or the ECBV withdraws its request for informal review
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0500 - ELECTION: ORGANIZATION AND FUNCTIONS OF THE COMMITTEE ON THE STAND PROGRAM › Section 63C .0501 - REPEALED - ELECTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-27;
					 143B-157;
					 34 C.F.R.
					 395.14;
					 20 U.S.C. sec. 107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002; May 1, 1996;
					 February 1, 1986;
Repealed Eff. October 1,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0500 - ELECTION: ORGANIZATION AND FUNCTIONS OF THE COMMITTEE ON THE STAND PROGRAM › Section 63C .0502 - .0505 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-13;
					 111-27;
					 34 C.F.R.
					 395.14;
					 20 U.S.C. sec. 107a et seq., as
					 amended;
Eff. October 1, 1978;
Amended Eff. August 1,
					 2002; April 1, 1990; July 1, 1987; June 1, 1983;
Expired Eff.
					 December 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0500 - ELECTION: ORGANIZATION AND FUNCTIONS OF THE COMMITTEE ON THE STAND PROGRAM › Section 63C .0506 - ORGANIZATION AND OPERATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division shall provide for the biennial election of a State Elected Committee
				  of Blind Vendors (ECBV) that, to the extent possible, shall be fully
				  representative of all blind licensees and operators in the Business Enterprises
				  Program on the basis of such factors as geography and vending facility type,
				  with a goal of providing for proportional representation of blind vendors on
				  federal property and blind vendors on other property. Participation by any
				  blind vendor in any election shall not be conditioned upon the payment of dues
				  or any other fees.
(b) The ECBV
				  membership shall be composed of operators who represent all licensees and
				  operators in the Business Enterprises Program, as elected based on the four
				  geographic regions and the one federal region that encompasses all federal
				  facilities. Two representatives shall be elected from each designated ECBV
				  region.
(c) The term of office for
				  ECBV members shall be two years beginning on April 1 following the election.
				  Each region shall have one term expire in even-numbered years and one term
				  expire in odd-numbered years. The ECBV members may serve unlimited
				  terms.
(d) Unexpired terms in the
				  elective offices shall be filled by majority vote of the ECBV. Filling an
				  unexpired term on the ECBV shall not be considered countable time toward the
				  two-year term of office.
(e) The
				  officers of the ECBV shall be a chair and a vice-chair, as elected by the ECBV
				  from among ECBV members.
(f) The
				  ECBV chair and vice-chair may serve unlimited terms.
(g) The ECBV shall hold quarterly business
				  meetings and at other times upon the call of the chair with majority approval
				  of the ECBV. The chair shall provide the Business Enterprises Program with a
				  written meeting agenda ten business days before each meeting.
(1) The chair shall preside over all business
				  meetings of the ECBV.
(2) The chair
				  shall conduct meetings according to Roberts Rules of Order.
(3) A majority shall constitute a
				  quorum.
(4) The chair shall create
				  subcommittees as the business of the ECBV warrants, excluding those
				  subcommittees specifically required in Paragraph (h) of this Rule.
(5) In the absence or disability of the
				  chair, the vice-chair shall assume all the duties of the chair.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0500 - ELECTION: ORGANIZATION AND FUNCTIONS OF THE COMMITTEE ON THE STAND PROGRAM › Section 63C .0507 - EXPIRED - MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-27;
					 143B-157;
					 34 C.F.R.
					 395.14;
					 20 U.S.C. sec. 107a et seq., as
					 amended;
Eff. October 1, 1978;
Amended Eff. May 1,
					 1996; February 1, 1983;
Expired Eff. December 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0500 - ELECTION: ORGANIZATION AND FUNCTIONS OF THE COMMITTEE ON THE STAND PROGRAM › Section 63C .0508 - FUNCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The ECBV shall
				  actively participate with the Division in major administrative decisions and
				  policy and program development decisions affecting the overall administration
				  of the Business Enterprises Program. The Division and the ECBV shall comply
				  with 34 C.F.R.
				  395.14.
(b) The ECBV shall participate in drafting
				  Business Enterprises Program rules. The Division and ECBV shall work together
				  in good-faith effort to come to agreement in matters related to Business
				  Enterprises Program rule and policy changes.
(c) ECBV relationship to operators and
				  licensees.
(1) Operators and licensees who
				  elect the members of the ECBV shall ensure that those elected represent all
				  operators and licensees.
(2) The
				  ECBV shall act as advocates for operators and licensees.
(3) The ECBV, ECBV officers, ECBV members,
				  operators, employees of an operator, or licensees shall not be employees of the
				  Division.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0500 - ELECTION: ORGANIZATION AND FUNCTIONS OF THE COMMITTEE ON THE STAND PROGRAM › Section 63C .0509 - REPEALED - SUBCOMMITTEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-27;
					 143B-157;
					 34 C.F.R.
					 395.14;
					 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002; May 1, 1996;
					 February 1, 1984;
Repealed Eff. October 1,
					 2108.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0500 - ELECTION: ORGANIZATION AND FUNCTIONS OF THE COMMITTEE ON THE STAND PROGRAM › Section 63C .0510 - EXPIRED - COMMUNICATION AND NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 395.14;
					 20 U.S.C. sec. 107a et seq., as
					 amended;
Eff. October 1, 1978;
Expired Eff. December 1,
					 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0500 - ELECTION: ORGANIZATION AND FUNCTIONS OF THE COMMITTEE ON THE STAND PROGRAM › Section 63C .0511 - COMMITTEE INITIATIVE

Current through Register Vol. 39, No. 2, July 15, 2024
The committee may initiate matters for consideration and
					 its views and positions shall be considered by the Division.
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 395.14;
					 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002; February 1,
					 1986;
Readopted Eff. October 1,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0500 - ELECTION: ORGANIZATION AND FUNCTIONS OF THE COMMITTEE ON THE STAND PROGRAM › Section 63C .0512 - DIVISION RESPONSIBILITY AND RELATIONSHIP WITH COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall be responsible for the administration of
					 the Business Enterprises Program. It shall consider all recommendations
					 forthcoming from the Elected Committee of Blind Vendors. If the Division does
					 not adopt the views and positions of the Elected Committee of Blind Vendors on
					 a particular issue, it shall give written notice to the committee of the
					 decision reached, the actions taken, and the reasons
					 therefore.
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 395.14;
					 20 U.S.C. Sec. 107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002;
Readopted Eff. October 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0600 - RESPONSIBILITIES OF LICENSED OPERATORS › Section 63C .0602 - EXPIRED - HOURS OF OPERATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-27;
					 143B-157;
					 34 C.F.R.
					 395.7;
					 20 U.S.C. Sec. 107;
Eff. February 1, 1976;
Readopted Eff. November 16,
					 1977;
Amended Eff. August 1, 2002; May 1, 1996; February 1, 1984;
					 October 1, 1978;
Expired Eff. December 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0600 - RESPONSIBILITIES OF LICENSED OPERATORS › Section 63C .0603 - SECURITY

Current through Register Vol. 39, No. 2, July 15, 2024
The operator shall ensure that security and safety measures
					 are carried out in accordance with good business practice and the requirements
					 of each location.
Authority
					 G.S.
					 111-27;
					 34 C.F.R.
					 395.7;
					 20 U.S.C. sec. 107a et seq., as
					 amended;
Eff. February 1, 1976;
Readopted Eff. November
					 16, 1977;
Amended Eff. February 1, 1984; October 1,
					 1978;
Readopted Eff October 1,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 63 - SERVICES FOR THE BLIND › Subchapter C - BUSINESS ENTERPRISES PROGRAM › Section .0600 - RESPONSIBILITIES OF LICENSED OPERATORS › Section 63C .0604 - REPEALED - REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 111-27;
					 143B-157;
					 34 C.F.R.
					 395;
					 20 U.S.C. Sec. 107;
Eff. February 1, 1976;
Amended Eff. August 1, 1976;
Readopted Eff. November 16, 1977;
Amended Eff. August 1, 2002; May
					 1, 1996; February 1, 1996; February 1, 1984; October 1, 1978;
Repealed Eff. October 1, 2018.