reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0100 - GENERAL PROVISIONS › Section 19 .0101 - WORKPLACE RETALIATORY DISCRIMINATION OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
The main office of the Workplace Retaliatory Discrimination
				  (WORD) Office, which administers the provisions of Article 21 of G.S. 95, the
				  Retaliatory Employment Discrimination Act (REDA), is maintained in the Raleigh
				  office of the Department of Labor (the Department) at the Old Revenue Building,
				  111 Hillsborough Street, Raleigh, North Carolina. The mailing address of the
				  main office is:
Workplace Retaliatory Discrimination Office
North Carolina Department of Labor
1101 Mail Service Center
Raleigh, North Carolina 27699-1101
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Amended Eff. September 1, 1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22, 2018;
Amended Eff. August
				  1, 2020.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0100 - GENERAL PROVISIONS › Section 19 .0102 - FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
Copies of current forms used by the WORD Office are available
				  from the Raleigh office.
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0200 - DEFINITIONS › Section 19 .0201 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions are applicable throughout this
				  Chapter:
(1) "Complainant" is a person
				allegedly aggrieved by a violation of
				G.S.
				95-241, who files a written complaint with
				the WORD Office.
(2) "Employee"
				means those individuals protected from discrimination or retaliation by
				G.S.
				95-241, and includes but is not limited to
				those individuals defined as employees in
				G.S.
				97-2(2),
				G.S.
				95-25.2(4),
				G.S.
				95-127(9), miners as defined
				in G.S.
				74-24.2, temporary, leased, or loaned
				employees, former employees, jointly employed employees, common law employees,
				and applicants.
(3) "Interview" as
				used in these Rules includes privately speaking with an employee or witness on
				company time on the company premises.
(4) "Open or pending in the trial court
				division" as set forth in
				G.S.
				95-242(e) means the period
				beginning with the filing of a written complaint with the Department and ends
				with either the Commissioner's receipt of a final determination by the trial
				court on the Commissioner's civil action or closure of the file according to
				these Rules, whichever occurs later.
(5) "Protected activity" or "activity" shall
				mean and include all the actions set forth in
				G.S.
				95-241(a) and
				G.S.
				127A-111.
(6) "Respondent" is a person, as defined in
				G.S.
				95-240(1), against whom a
				REDA complaint is filed.
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0300 - INITIATION OF COMPLAINTS › Section 19 .0301 - CONTENTS OF COMPLAINT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A complaint
				filed by or on behalf of a complainant must contain the following information:
(1) Name and address of the
				complainant;
(2) Name and address
				of the respondent, or other information which sufficiently identifies the
				respondent;
(3) Description of
				protected activity, trait or status covered by REDA;
(4) Description of alleged retaliatory or
				discriminatory action;
(5)
				Approximate date of alleged retaliatory or discriminatory action; and
(6) Signature of complainant either on
				complaint form or on supporting documentation allowing the complaint to be
				filed on behalf of complainant.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0300 - INITIATION OF COMPLAINTS › Section 19 .0302 - FILING OF COMPLAINTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A complaint is
				filed when it is received by the WORD Office. The complaint, faxed complaint,
				amendments, written authorizations, and faxed authorizations must be received
				by the WORD Office within 180 days of the alleged violation.
(b) A complaint may be filed by facsimile as
				long as a signed paper copy is received by the WORD Office within 10 calendar
				days of transmittal of the fax. If a signed paper copy of the complaint is not
				received as set forth in this Rule, the faxed complaint is subject to
				administrative closing as set out in these Rules.
(c) If a complaint is filed by anyone other
				than the complainant, including an attorney, the WORD Office must receive a
				written authorization, dated and signed by the complainant allowing such person
				to file the complaint on the complainant's behalf. The written authorization
				must be received by the WORD Office within 10 calendar days of receipt of the
				complaint. Such complaints not followed by written authorization are subject to
				administrative closing as set out in these Rules.
(d) A written authorization may be filed by
				facsimile as long as a signed paper copy is received by the WORD Office within
				10 calendar days of transmittal of the fax. If a signed paper copy of the
				written authorization is not received as set forth in this Rule, the complaint
				is subject to administrative closing as set out in these Rules.
(e) Computation of time for filing and other
				deadlines shall be in accordance with
				G.S.
				1A-1, Rule 6(a).
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0400 - CONDUCT OF INVESTIGATIONS › Section 19 .0401 - INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Commissioner may, in addition to other actions, interview witnesses, examine
				and obtain copies of documents, and visit workplaces in determining whether or
				not there is reasonable cause to believe that the allegations of the complaint
				are true.
(b) The respondent has 30
				days from notification of the complaint to respond to the allegations of the
				complaint. The respondent's failure to timely respond shall not prevent the
				investigation from proceeding to a determination.
(c) The complainant shall cooperate during
				the course of the investigation. Cooperation shall include, but is not limited
				to:
(1) notifying the WORD Office, as soon as
				possible, of changes in address, name or telephone number;
(2) providing all information requested by
				the investigator in the time and manner specified by the
				investigator;
(3) attending
				meetings or conferences scheduled by the investigator;
(4) meeting reasonable deadlines established
				by the investigator;
(5) returning
				required forms; and
(6) returning
				telephone calls.
Failure to cooperate may result in dismissal of the complaint
				  pursuant to Rule .0603 of this Chapter.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0400 - CONDUCT OF INVESTIGATIONS › Section 19 .0402 - INTERVIEWS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All witnesses
				shall be interviewed in private, except as provided in Paragraphs (b) and (c)
				of this Rule.
(b) Witnesses may be
				accompanied by their own attorney, representative, or interpreter.
(c) Witnesses whose statements can legally
				bind a respondent may be accompanied by that respondent's attorney.
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0500 - RIGHT-TO-SUE LETTERS › Section 19 .0501 - RIGHT-TO-SUE LETTERS

Current through Register Vol. 39, No. 2, July 15, 2024
A right-to-sue letter may be requested by the complainant
				  after a determination of reasonable cause to believe that the allegations of
				  the complaint are true and notice of conciliation failure. The request may be
				  granted unless the Commissioner intends to file a civil action pursuant to
				  G.S.
				  95-243. If the request for a right-to-sue
				  letter is granted, the case shall be closed.
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0500 - RIGHT-TO-SUE LETTERS › Section 19 .0502 - EXPIRED - REQUESTS FOR RIGHT-TO-SUE LETTERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Expired Eff. August 1, 2018 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0600 - CLOSING OF CASES › Section 19 .0601 - ADMINISTRATIVE CLOSINGS

Current through Register Vol. 39, No. 2, July 15, 2024
A complaint may be administratively closed without
				  investigation if it does not contain the information specified in Rule .0301 of
				  this Chapter. In the event that the case is administratively closed, the
				  intended respondent shall not be notified and the complainant shall not receive
				  a right-to-sue letter.
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0600 - CLOSING OF CASES › Section 19 .0602 - WITHDRAWALS

Current through Register Vol. 39, No. 2, July 15, 2024
The complainant may withdraw the complaint, in writing, at
				  any time prior to the Department's determination that there is reasonable cause
				  to believe that the allegations of the complaint are true.
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0600 - CLOSING OF CASES › Section 19 .0603 - RIGHT-TO-SUE DISMISSALS

Current through Register Vol. 39, No. 2, July 15, 2024
Complaints may be dismissed and a right-to-sue letter issued
				  for the following reasons:
(1)
				Insufficient evidence to support the allegations of the complaint; or
(2) Complainant's failure to cooperate during
				the investigation.
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0600 - CLOSING OF CASES › Section 19 .0604 - RIGHT-TO-SUE CLOSURE

Current through Register Vol. 39, No. 2, July 15, 2024
Upon the issuance of a right-to-sue letter, the Commissioner
				  shall close the case file.
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0600 - CLOSING OF CASES › Section 19 .0605 - SETTLEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Upon settlement of the case and compliance with the terms of
				  any approved settlement agreement, the Commissioner shall close the case
				  file.
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0700 - SETTLEMENTS AND LITIGATION › Section 19 .0701 - SETTLEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Except in those cases where the complaint has been withdrawn,
				  or a right-to-sue letter has been issued, the Commissioner shall be a party to
				  all settlements of complaints filed with the Commissioner pursuant to
				  REDA.
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 19 - RETALIATORY EMPLOYMENT DISCRIMINATION › Section .0700 - SETTLEMENTS AND LITIGATION › Section 19 .0702 - LITIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
In determining whether to file a civil action or issue a
				  right-to-sue letter, the Commissioner shall consider the interests of both the
				  public and the individual complainant. If the Commissioner elects to file a
				  civil action, the Commissioner shall control all aspects of the litigation,
				  which shall include the acceptance of any proposed
				  settlement.
Authority
				  G.S.
				  95-245;
Eff. April 1,
				  1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 22,
				  2018.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0100 - DEFINITIONS › Section 20 .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in G.S. 95, Article 20 and this Chapter:
(1) "All actions" means procedures performed
				on the sample to detect, identify, or measure controlled substances. Examples
				include, but are not limited to, "examinations and screening for controlled
				substances," "controlled substances testing," "drug testing," "screening,"
				"screening test," "confirmation," and "confirmation test".
(2) "Chain of custody" means the process of
				establishing the history of the physical custody or control of the sample from
				the time the examiner provides the container for the sample to the examinee
				through the later of:
(a) The reporting of the
				negative result to the examiner;
(b) The 90 day period specified in
				G.S.
				95-232(d); or
(c) The completion of the retesting described
				in G.S.
				95-232(f).
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0200 - GENERAL PROVISIONS › Section 20 .0201 - COMPUTING TIME PERIODS

Current through Register Vol. 39, No. 2, July 15, 2024
In computing any period of time described in G.S. 95, Article
				  20 or this Chapter, the day of the triggering act or event shall not be
				  counted. If the last day of the period falls on a Saturday, Sunday or a legal
				  holiday, it shall not be counted and the period shall end at the close of the
				  next day which is not a Saturday, Sunday, or a legal holiday. The Commissioner
				  shall use Rule 6 of the NC Rules of Civil Procedure,
				  G.S.
				  1A-1, Rule 6(a), as a guide in interpretation
				  of this Rule. "Legal holiday" means the legal holidays observed by the Superior
				  Courts of North Carolina. A list of legal holidays is available from the
				  Administrative Office of the Courts and each local Clerk of Superior Court in
				  North Carolina.
Authority
				  G.S.
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0200 - GENERAL PROVISIONS › Section 20 .0202 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The provisions of G.S. 95, Article 20 and this Chapter
				  regarding the collection and handling of samples apply whenever an on-site
				  screening test is performed.
Authority
				  G.S.
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0200 - GENERAL PROVISIONS › Section 20 .0203 - CONFIRMATION OF SAMPLES

Current through Register Vol. 39, No. 2, July 15, 2024
For confirmation of positive results or for retesting of
				  confirmed positive results, the approved laboratory shall use gas
				  chromatography with mass spectrometry (GC/MS) or the examiner shall bear the
				  burden of proof to show that the substitute testing method used is an
				  equivalent scientifically accepted method.
Authority
				  G.S.
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0300 - USE OF CONTRACTORS › Section 20 .0301 - EXAMINER OPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In collecting and transporting the sample to the approved
				  laboratory, the examiner may:
(1)
				Collect and transport the sample itself; or
(2) Send the examinee to the approved
				laboratory for the collection; or
(3) Contract with a third party to collect
				and transport the sample. Examples of a third party include physicians, medical
				clinics, hospitals, or consortia established to negotiate rates for these
				services.
Authority
				  G.S.
				  95-231;
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0300 - USE OF CONTRACTORS › Section 20 .0302-.0303

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Temporary Repeal Eff. November 30, 2006;
Repealed
				  Eff. February 1, 2007.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0300 - USE OF CONTRACTORS › Section 20 .0304 - CONTRACTOR PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
If the examiner contracts with a third party for collection,
				  screening, or confirmation testing, the examiner shall ensure that the
				  contractor's procedures comply with requirements of G.S. 95, Article 20 and
				  this Chapter. Compliance with the requirements of the United States Department
				  of Health and Human Services (DHHS), 59 Federal Register No. 110, pages 29908
				  through 29931 (June 9, 1994), for all aspects of the controlled substance
				  examination shall meet the requirements of G.S. 95, Article 20 and this
				  Chapter. Compliance with the requirements of the College of American
				  Pathologists' (CAP) Forensic Urine Drug Test Inspection Checklist shall meet
				  the requirements of G.S. 95, Article 20 and this Chapter for screening,
				  confirmation and retesting of confirmed samples. If the examiner adopts
				  alternative procedures, the examiner shall ensure that the alternative
				  procedures meet the requirements of G.S. 95, Article 20 and this Chapter.
				  However, nothing in the DHHS or CAP requirements shall be interpreted
				  to:
(1) require the examiner to use
				the services of a medical review officer; or
(2) allow the examiner to conduct on-site
				screening for current employees.
Authority
				  G.S.
				  95-231;
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0300 - USE OF CONTRACTORS › Section 20 .0305 - LABORATORY INSTRUCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The examiner shall follow procedural instructions of the
				  approved laboratory regarding the controlled substance examination, unless the
				  examiner follows equally reliable procedures which it has previously adopted in
				  writing. The examiner shall bear the burden of proof to show these alternative
				  procedures are equally reliable. Examples of procedural instructions include,
				  but are not limited to, instructions regarding:
(1) collection of samples;
(2) reasonable and sanitary conditions for
				collection;
(3) chain of
				custody;
(4) preservation of
				examinees' individual dignity;
(5)
				prevention of substitution or adulteration of samples;
(6) prevention of interference with the
				collection, examination, or screening of samples;
(7) on-site screening;
(8) confirmation of positive tests;
(9) any other action to be taken with regard
				to the collection, labeling, packaging, transportation, screening,
				documentation, or preservation of samples used for controlled substance
				examinations.
Authority
				  G.S.
				  95-231;
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0300 - USE OF CONTRACTORS › Section 20 .0306 - RETESTING LABORATORY INSTRUCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
If the examinee chooses to have the confirmed positive sample
				  retested, the examiner and, where applicable, the examiner's agent (the
				  original testing laboratory) shall follow the retesting laboratory's
				  instructions in facilitating the retest of the positive
				  sample.
Authority
				  G.S.
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0400 - NOTICE TO EXAMINEES › Section 20 .0401 - INITIAL NOTICE TO EXAMINEES

Current through Register Vol. 39, No. 2, July 15, 2024
At the time of the provision of the sample, the examiner
				  shall provide examinees with written notice of their rights and
				  responsibilities under the Controlled Substance Examination Regulation
				  Act.
Authority
				  G.S.
				  95-231;
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0400 - NOTICE TO EXAMINEES › Section 20 .0402 - POST-TESTING NOTICE TO EXAMINEES

Current through Register Vol. 39, No. 2, July 15, 2024
Within 30 days from the time that the results are mailed or
				  otherwise delivered to the examiner, the examiner shall give notice to the
				  examinee, in writing:
(1) of any
				positive result of a controlled substance examination; and
(2) of the examinee's rights and
				responsibilities regarding retesting under
				G.S.
				95-232(f).
Authority
				  G.S.
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0500 - CONFIDENTIALITY › Section 20 .0501 - CONFIDENTIALITY OF INFORMATION RELATED TO CONTROLLED SUBSTANCE EXAMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In order to preserve individual dignity and privacy,
				  examiners and their agents shall keep information confidential relating to
				  examinees' controlled substance examinations, unless otherwise authorized by
				  law or this Chapter.
Authority
				  G.S.
				  95-231;
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0500 - CONFIDENTIALITY › Section 20 .0502 - EXAMPLES

Current through Register Vol. 39, No. 2, July 15, 2024
Examples of confidential information include: controlled
				  substance examination results or information provided by examinees about their
				  medical histories and lawful prescription drug use.
Authority
				  G.S.
				  95-231;
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0500 - CONFIDENTIALITY › Section 20 .0503 - RELEASE OF CONFIDENTIAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
Examiners and their agents may release information which
				  would otherwise be confidential under this Chapter in the following
				  circumstances:
(1) to the examinee or
				to any other person upon written authorization signed by the
				examinee;
(2) to laboratories
				performing screening, confirmation tests, or retests of confirmed positive
				results;
(3) for employment-related
				reasons. Examples of employment-related reasons include: performance
				evaluations, discipline and provision of references; or
(4) to a government agency, court or other
				tribunal having jurisdiction over any claim or proceeding involving the
				examinee and the examiner.
Authority
				  G.S.
				  95-231,
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0600 - PAYMENT OF EXPENSES › Section 20 .0601 - PAYMENT OF EXPENSES

Current through Register Vol. 39, No. 2, July 15, 2024
The examiner shall pay expenses related to all controlled
				  substance examinations except examinee-requested retests. The examinee shall
				  pay all reasonable expenses for retests of confirmed positive
				  results.
Authority
				  G.S.
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 13 - LABOR › Chapter 20 - CONTROLLED SUBSTANCES EXAMINATION REGULATION › Section .0600 - PAYMENT OF EXPENSES › Section 20 .0602 - REASONABLE EXPENSES

Current through Register Vol. 39, No. 2, July 15, 2024
"Reasonable expenses for retesting" means:
(1) the actual cost of the retest charged by
				the approved laboratory;
(2) fees
				assessed by the approved laboratory for expenses associated with the retest.
				Examples of laboratory expenses include chain of custody procedures and
				shipping;
(3) a maximum of fifteen
				dollars ($15.00) for the examiner's expenses, if any, to comply with chain of
				custody procedures related to the retest. The amount of fifteen dollars
				($15.00) for the expenses described in this Item shall be deemed to be a
				reasonable amount. The examiner may charge more than fifteen dollars ($15.00)
				for the expenses described in this item if the examiner proves the actual cost
				of expenses greater than fifteen dollars ($15.00); and
(4) the actual cost of any shipping expenses
				the examiner incurs related to the retest.
Authority
				  G.S.
				  95-232;
				  95-234;
Eff. April 1,
				  2001;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 5,
				  2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter A - GENERAL PROVISIONS › Section .0100 - GENERAL PROVISIONS › Section 01A .0101-.0103 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 15B-3;
					 18B-500;
					 58-27.32;
					 122C-408;
					 143B-10;
					 143B-473;
					 143B-474;
					 143B-475;
					 143B-476;
					 143B-477;
					 143B-490;
					 143B-500;
					 150B-12(h);
Eff. February 1, 1976;
Amended Eff. November 1, 1998; July 1, 1988;
					 December 1, 1979;
Transferred from
					 14A NCAC
					 01A .0101 Eff. June 1, 2013 (14B NCAC 01A
					 .0101);
Transferred from
					 14A NCAC
					 01A .0102 Eff. June 1, 2013 (14B NCAC 01A
					 .0102);
Transferred from
					 14A NCAC
					 01A .0103 Eff. June 1, 2013 (14B NCAC 01A
					 .0103);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter A - GENERAL PROVISIONS › Section .0100 - GENERAL PROVISIONS › Section 01A .0104 - SECRETARY OF PUBLIC SAFETY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In the
				  event of an emergency which requires two or more state agencies to be involved,
				  the secretary is designated as the official who is empowered to coordinate the
				  state's response to the emergency. The secretary may designate any agency as a
				  lead agency to be in charge of the state's response.
(b) The secretary may delegate any authority
				  assigned to him to any member of his department.
(c) Notwithstanding any other provisions of
				  this Title or any rule of any division of the Department of Crime Control and
				  Public Safety, the Secretary may review any action or failure to take action by
				  any member of any division and may hold such hearings and gather such
				  information in connection therewith as he deems necessary for the proper
				  function of the department.
Authority
					 G.S.
					 143B-10;
					 143-476;
Eff.
					 February 1, 1976;
Amended Eff. July 1, 1988; December 1,
					 1979;
Transferred from
					 14A NCAC
					 01A .0104 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3,
					 2017.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter A - GENERAL PROVISIONS › Section .0100 - GENERAL PROVISIONS › Section 01A .0105 - EXPIRED - AFFIRMATIVE ACTION PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-16;
					 143B-10;
Eff.
					 February 1, 1976;
Amended Eff. December 1, 1979;
Transferred from
					 14A NCAC
					 01A .0105 Eff. June 1, 2013;
Expired Eff. February 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter B - RULEMAKING AND ADMINISTRATIVE HEARINGS › Section .0100 - PETITIONS AND RULES › Section 01B .0101-.0103 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-16;
Eff. February 1,
					 1976;
Amended Eff. December 1, 1979;
Transferred from
					 14A NCAC
					 01B .0101 Eff. June 1, 2013 (14B NCAC 01B
					 .0101);
Transferred from
					 14A NCAC
					 01B .0102 Eff. June 1, 2013 (14B NCAC 01B
					 .0102);
Transferred from
					 14A NCAC
					 01B .0103 Eff. June 1, 2013 (14B NCAC 01B
					 .0103);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter B - RULEMAKING AND ADMINISTRATIVE HEARINGS › Section .0200 - NOTICE OF RULEMAKING HEARINGS › Section 01B .0201-.0202 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-12;
Eff. February 1,
					 1976;
Amended Eff. December 1, 1979;
Transferred from
					 14A NCAC
					 01B .0201 Eff. June 1, 2013 (14B NCAC 01B
					 .0201);
Transferred from
					 14A NCAC
					 01B .0202 Eff. June 1, 2013 (14B NCAC 01B
					 .0202);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter B - RULEMAKING AND ADMINISTRATIVE HEARINGS › Section .0300 - RULEMAKING HEARINGS › Section 01B .0301-.0308 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-12;
					 150B-12(e);
					 150B-13;
Eff.
					 February 1, 1976;
Amended Eff. July 1, 1988; December 1,
					 1979;
Transferred from
					 14A NCAC
					 01B .0301 Eff. June 1, 2013 (14B NCAC 01B
					 .0301);
Transferred from
					 14A NCAC
					 01B .0302 Eff. June 1, 2013 (14B NCAC 01B
					 .0302);
Transferred from
					 14A NCAC
					 01B .0303 Eff. June 1, 2013 (14B NCAC 01B
					 .0303);
Transferred from
					 14A NCAC
					 01B .0304 Eff. June 1, 2013 (14B NCAC 01B
					 .0304);
Transferred from
					 14A NCAC
					 01B .0305 Eff. June 1, 2013 (14B NCAC 01B
					 .0305);
Transferred from
					 14A NCAC
					 01B .0306 Eff. June 1, 2013 (14B NCAC 01B
					 .0306);
Transferred from
					 14A NCAC
					 01B .0307 Eff. June 1, 2013 (14B NCAC 01B
					 .0307);
Transferred from
					 14A NCAC
					 01B .0308 Eff. June 1, 2013 (14B NCAC 01B
					 .0308);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter B - RULEMAKING AND ADMINISTRATIVE HEARINGS › Section .0400 - DECLARATORY RULINGS › Section 01B .0401 - SUBJECTS OF DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Any person substantially affected by a statute administered
					 or rule promulgated by the Secretary of the Department of Crime Control and
					 Public Safety may request a declaratory ruling as to either the manner in which
					 a statute or rule applies to a given factual situation, if at all, or whether a
					 particular agency rule is valid.
Authority
					 G.S.
					 150B-17;
Eff. February 1,
					 1976;
Amended Eff. December 1, 1979;
Transferred from
					 14A NCAC
					 01B .0401 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3,
					 2017.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter B - RULEMAKING AND ADMINISTRATIVE HEARINGS › Section .0400 - DECLARATORY RULINGS › Section 01B .0402 - SUBMISSION OF REQUEST FOR RULING

Current through Register Vol. 39, No. 2, July 15, 2024
All requests for declaratory rulings shall be written and
					 mailed to the Secretary, Department of Crime Control and Public Safety, P.O.
					 Box 27687, Raleigh, N.C. 27611. The container of the request should bear the
					 notation: REQUEST FOR DECLARATORY RULING. The request must include the
					 following information:
(1) name and
				  address of petitioner;
(2) statute
				  or rule to which petition relates;
(3) concise statement of the manner in which
				  petitioner is aggrieved by the rule or statute or its potential application to
				  him;
(4) a statement of whether an
				  oral hearing is desired, and if so, the reason therefore.
Authority
					 G.S.
					 150B-17;
Eff. February 1,
					 1976;
Amended Eff. December 1, 1979;
Transferred from
					 14A NCAC
					 01B .0402 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3,
					 2017.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter B - RULEMAKING AND ADMINISTRATIVE HEARINGS › Section .0400 - DECLARATORY RULINGS › Section 01B .0403 - DISPOSITION OF REQUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the
				  Secretary of the Department of Crime Control and Public Safety deems it
				  appropriate to issue a declaratory ruling, he shall issue such declaratory
				  ruling within sixty days of receipt of the petition.
(b) A declaratory ruling proceeding may
				  consist of written submissions, an oral hearing, or other procedure as may be
				  appropriate in the circumstances of the particular request as determined by the
				  secretary.
(c) Whenever the
				  secretary believes "for good cause" that the issuance of a declaratory ruling
				  is undesirable, he may refuse to issue such ruling. When good cause is deemed
				  to exist, he will notify the petitioner of his decision in writing, stating the
				  reasons for the denial of the declaratory ruling.
(d) For purposes of Subpart (c) of this Rule,
				  the Secretary of the Department of Crime Control and Public Safety will
				  ordinarily refuse to issue a declaratory ruling:
(1) unless the petitioner shows that the
				  circumstances are so changed since the adoption of the rule that such a ruling
				  would be warranted;
(2) unless the
				  petitioner shows that the agency did not give to the factors specified in the
				  request for a declaratory ruling a full consideration at the time the rule was
				  issued;
(3) where there has been a
				  similar controlling factual determination in a contested case, or where the
				  factual context being raised for a declaratory ruling was specifically
				  considered upon the adoption of the rule or directive being questioned, as
				  evidenced by the rulemaking record;
(4) where the subject matter of the request
				  is involved in pending litigation in any state or federal court in North
				  Carolina.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter B - RULEMAKING AND ADMINISTRATIVE HEARINGS › Section .0400 - DECLARATORY RULINGS › Section 01B .0404 - RECORD OF DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
A record of all declaratory rulemaking proceedings will be
					 maintained in the Office of the Secretary of Crime Control and Public Safety
					 for as long as the ruling is in effect and for five years thereafter. This
					 record will contain: the petition, the notice, all written submissions filed in
					 the request, whether filed by the petitioner or any other person, and a record
					 or summary of oral presentations, if any. Records of declaratory rulemaking
					 proceedings will be available for public inspection during the regular office
					 hours of the Department of Crime Control and Public Safety.
Authority
					 G.S.
					 150B-17;
Eff. February 1,
					 1976;
Amended July 1, 1988; December 1, 1979;
Transferred from
					 14A NCAC
					 01B .0404 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3,
					 2017.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter B - RULEMAKING AND ADMINISTRATIVE HEARINGS › Section .0400 - DECLARATORY RULINGS › Section 01B .0405 - DEFINITION

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of Rule .0404 of this Section, a declaratory
					 ruling shall be deemed to be "in effect": until the statute or rule interpreted
					 by the declaratory ruling is amended, altered or repealed; until the Department
					 of Crime Control and Public Safety changes the declaratory ruling prospectively
					 for good reasons; or until any court sets aside the ruling in litigation
					 between the Department of Crime Control and Public Safety and the party
					 requesting the rule; or until any court of the Appellate Division of the
					 General Court of Justice shall construe the statute or rule which is the
					 subject of the declaratory ruling in a manner plainly irreconcilable with the
					 declaratory ruling.
Authority
					 G.S.
					 150B-12;
					 150B-17;
Eff.
					 February 1, 1976;
Amended Eff. December 1, 1979;
Transferred from
					 14A NCAC
					 01B .0405 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3,
					 2017.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter B - RULEMAKING AND ADMINISTRATIVE HEARINGS › Section .0500 - CONTESTED CASE › Section 01B .0501 - EXPIRED - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150A-23;
Eff. February 1,
					 1976;
Amended Eff. July 1, 1988; December 1, 1979;
Transferred from
					 14A NCAC
					 01B .0502 Eff. June 1, 2013;
Expired Eff. February 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter C - STATE LAW ENFORCEMENT ASSISTANCE DURING LABOR DISPUTE › Section .0100 - APPLICATIONS FOR ASSISTANCE › Section 01C .0101 - DELEGATION OF AUTHORITY BY THE GOVERNOR

Current through Register Vol. 39, No. 2, July 15, 2024
The Governor is given the duty to formulate rules, policies
					 or guidelines as may be necessary to establish a plan under which temporary
					 state law enforcement assistance will be provided to cities and counties when
					 local law enforcement officers refuse to fulfill their law enforcement
					 responsibilities or submit mass resignations. The Governor is also authorized
					 to determine the number of officers to be assigned in a particular case, if
					 any, and the length of time they are to be assigned. Delegation of the
					 authority of the Governor to any state department is allowed. The Governor has
					 delegated to the Secretary of the Department of Crime Control and Public Safety
					 the authority to establish rules, policies or guidelines and to determine the
					 number of officers to be assigned in each particular case and the length of
					 time they are to be assigned.
Authority
					 G.S.
					 160A-288.1;
					 153A-212;
Eff.
					 December 1, 1979;
Transferred from
					 14A NCAC
					 01C .0101 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3,
					 2017.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter C - STATE LAW ENFORCEMENT ASSISTANCE DURING LABOR DISPUTE › Section .0100 - APPLICATIONS FOR ASSISTANCE › Section 01C .0102 - REQUIREMENTS OF REQUEST FOR ASSISTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Requests for assistance must be in writing and include the
					 following information:
(1) the local
				  law enforcement agency involved;
(2) the conduct engaged in by the local law
				  enforcement officers, i.e. strike, slowdown, mass resignations, or other
				  conduct which shows a refusal to fulfill their law enforcement
				  responsibilities;
(3) the
				  signature(s) of the appropriate local official(s) specifying that the local
				  governing body has legally approved such a request and agrees to abide by these
				  Rules;
(4) if the request is from a
				  county governing board, the request must specify that the assistance was upon
				  the advice of the sheriff of the county.
Authority
					 G.S.
					 160A-288.1;
					 153A-212;
Eff.
					 December 1, 1979;
Transferred from
					 14A NCAC
					 01C .0103 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3,
					 2017.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter C - STATE LAW ENFORCEMENT ASSISTANCE DURING LABOR DISPUTE › Section .0100 - APPLICATIONS FOR ASSISTANCE › Section 01C .0103 - SERVICE OF REQUEST FOR ASSISTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  request for assistance must be addressed and sent as follows: Request for
				  Assistance, Secretary of the Department of Crime Control and Public Safety,
				  P.O. Box 27687, Raleigh, N.C. 27611. The request should be mailed or sent by
				  the most expeditious means possible.
(b) If the situation requires immediate
				  action, the secretary may be informed of the request by telephone and a copy of
				  the written request delivered to any North Carolina State Highway Patrol Office
				  for transmittal to the secretary. The highway patrol shall immediately notify
				  the secretary of the receipt of such written request.
Authority
					 G.S.
					 160A-288.1;
					 153A-212;
Eff.
					 December 1, 1979;
Transferred from
					 14A NCAC
					 01C .0104 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3,
					 2017.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 01 - DEPARTMENT RULES › Subchapter C - STATE LAW ENFORCEMENT ASSISTANCE DURING LABOR DISPUTE › Section .0200 - ASSIGNMENT OF STATE OFFICERS › Section 01C .0201 - CRITERIA FOR ASSIGNMENT OF STATE OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  receipt of the written request for assistance or upon notification by the
				  highway patrol of such receipt, the secretary, in his discretion and in
				  consultation with state law enforcement officials, may temporarily assign state
				  law enforcement officers with state-wide authority to provide local law
				  enforcement protection. The secretary in his discretion shall determine the
				  state law enforcement agency or agencies who should assign state officers, the
				  number of state officers assigned and the length of time of the
				  assignment.
(b) The secretary shall
				  always consider the health, safety and welfare of the population in the
				  affected area when determining the number and duration of the assignment. The
				  secretary may consider any of the following factors in determining the needs of
				  the local population:
(1) number of local law
				  enforcement officers who refused to perform their duties or submitted mass
				  resignations;
(2) the apparent need
				  for assistance;
(3) the length of
				  time the officers are likely to continue their present conduct;
(4) the crime rate in the area;
(5) the availability of other local law
				  enforcement resources;
(6) the
				  availability of state law enforcement resources;
(7) the type of law enforcement work engaged
				  in by the local law enforcement officer;
(8) the steps being taken by the local
				  governing body to arrive at a solution to the problem;
(9) any other factor which the secretary
				  considers relevant to this determination.