reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0505 - COURT REPORTERS: FEES: COST OF TRANSCRIPT OF TESTIMONY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The court reporter's fees and the cost of
				the original transcript of testimony for depositions as provided in Rules .0504
				and .0511 of this Section, shall be borne by the party which arranges for the
				reporter's appearance and each person who desires a copy of the transcript will
				be responsible for securing it and for its cost.
(b) In cases where no appeal has been
				effected, the Review Board will arrange for and pay for the private court
				reporter's fees for each hearing. If a transcript is ordered by the hearing
				examiner or Board and no appeal has been effected, or if the Board directs
				review, the Board will also pay for preparation of the original transcript and
				persons desiring a copy of the transcript will be responsible for securing it
				and for its cost.
(c) If a petition
				for review is filed, the court reporter's fees, cost of the original
				transcript, one copy for the Board, and copy for the appellant will be paid for
				by the appellant. Other persons desiring a copy of the transcript will be
				responsible for securing it and for its cost. If a cross-petition for review is
				filed, the cross-petitioner shall reimburse the petitioner for one-third of the
				cost of the court reporter's fees, original transcript, and copy for the
				Board.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Amended Eff. April 1,
				  1993;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0507 - DUTIES AND POWERS OF BOARD AND HEARING EXAMINER

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be the duty of the Board or its hearing examiner to
				  conduct a fair and impartial hearing, to assure that the facts are fully
				  elicited to adjudicate all issues and avoid delay. The Board or hearing
				  examiner shall have authority to:
(1)
				administer oaths and affirmations;
(2) issue authorized subpoenas;
(3) rule upon motions to revoke
				subpoenas;
(4) rule upon offers of
				proof and receive relevant evidence;
(5) take or cause depositions to be taken
				whenever the needs of justice would be served;
(6) regulate the course of the hearing and,
				if appropriate or necessary, exclude persons or counsel from the hearing for
				contemptuous conduct and strike all related testimony of witnesses refusing to
				answer any proper questions;
(7)
				hold conferences for the settlement or simplification of the issues;
(8) dispose of procedural requests or similar
				matters, including motions to amend or dismiss pleadings, to dismiss complaints
				or portions thereof, and to order hearings reopened or, upon motion,
				consolidated prior to issuance of the decision;
(9) hear and examine witnesses and to receive
				into the record documentary or other evidence;
(10) request the parties at any time, before,
				during, or after the hearing to state their respective positions concerning any
				issues in the case or theory in support thereof;
(11) adjourn or continue the hearing as the
				needs of justice and good administration require; and
(12) take any other action necessary under
				the foregoing and authorized by the published rules and regulations of the
				Board or the General Statutes.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0508 - DISQUALIFICATION OF MEMBER OF BOARD OR HEARING EXAMINER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				member of the Board or the hearing examiner may withdraw from a proceeding
				whenever the Board member or hearing examiner deems himself or herself to be
				disqualified.
(b) Any party may
				request a Review Board member or hearing examiner, before or at the time of the
				hearing, to withdraw on the grounds of personal bias or disqualification, by
				filing a motion. Such motion shall set forth in detail the matters alleged to
				constitute grounds for disqualification.
(c) If, in the opinion of the Review Board
				member or hearing examiner, the motion referred to in Paragraph (b) of this
				Rule is filed with reasonable cause and is sufficient on its face, the Review
				Board member or hearing examiner shall forthwith be disqualified and withdraw
				from the proceeding.
(d) If the
				Review Board member or hearing examiner denies the request for disqualification
				and does not withdraw from the proceeding, the Review Board member or hearing
				examiner shall so rule upon the record, stating the grounds for ruling and
				shall proceed with the hearing, or, if the hearing has closed, the Review Board
				member or hearing examiner shall proceed with the issuance of a decision and
				the provisions of Rule .0601 of this Chapter shall thereupon apply.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0509 - EXAMINATION OF WITNESSES

Current through Register Vol. 39, No. 2, July 15, 2024
Witnesses shall be examined orally under oath or affirmation.
				  Opposing parties shall have the right to cross-examine any witness whose
				  testimony is introduced by an adverse party. All parties may cross-examine any
				  witness called by the hearing examiner or Board pursuant to Rule .0507(9) of
				  this Section.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0510 - AFFIDAVITS

Current through Register Vol. 39, No. 2, July 15, 2024
An affidavit may be admitted as evidence in lieu of oral
				  testimony if the matters therein contained are otherwise admissible and the
				  parties agree to its admission.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0512 - EXHIBITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All exhibits
				offered in evidence shall be numbered and marked with a designation identifying
				the party or intervenor by whom the exhibit is offered and with the case docket
				number.
(b) In the absence of
				objection by another party or intervenor, exhibits shall be admitted into
				evidence as part of the record, unless excluded by the Board or hearing
				examiner pursuant to Rule .0513 of this Section.
(c) Unless the Board or hearing examiner
				finds it impractical, a copy of such exhibit shall be given to the other
				parties and intervenors.
(d) All
				exhibits offered, but denied admission into evidence, shall be identified as in
				Paragraph (a) of this Rule and shall be placed in a separate file designated
				for rejected exhibits.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0513 - RULES OF EVIDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Hearings before the Board or its hearing examiner shall,
				  insofar as practicable, be governed by the rules of evidence applicable in the
				  State courts. Provided, however, that the Board or hearing examiner may
				  exercise the right at all times to receive and give due regard to hearsay
				  evidence if the interests of justice so require.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0514 - BURDEN OF PROOF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In all
				proceedings commenced by the filing of a notice of contest, the burden of proof
				shall rest with the Commissioner to prove each element of the contested
				citation by the greater weight of the evidence. The burden of proof as to all
				affirmative defenses shall be upon the Respondent to prove each element of the
				affirmative defense by the greater weight of the evidence.
(b) In proceedings under Rule .0305 of this
				Chapter for modification of the abatement period, the burden of proof shall
				rest with the petitioner.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0515 - OBJECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any objection
				with respect to the conduct of the hearing, including any objection to the
				introduction of evidence or a ruling by the Board or the hearing examiner, may
				be stated orally or in writing, accompanied by a short statement of the grounds
				for the objection, and such objection shall be included in the record. No such
				objection shall be deemed waived by further participation in the
				hearing.
(b) Whenever evidence is
				excluded from the record, the party offering such evidence may make an offer of
				proof, which shall be included in the record of the proceeding.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0516 - FILING OF BRIEF: ORAL ARGUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Any party shall be entitled, upon request, to a reasonable
				  period at the close of the hearing for oral argument, which shall be included
				  in the record on request of any party. Any party may, at the discretion of the
				  hearing examiner, be permitted to file a post-hearing brief, proposed findings
				  of fact and conclusions of law, or both. The Board or the hearing examiner may
				  fix a reasonable period of time for such filing, but such initial period may
				  not exceed 30 days, except for good cause, from the receipt by the party of the
				  transcript of the hearing. Any party shall be entitled to file a memorandum of
				  additional authority with the hearing examiner or Review Board, within ten days
				  after the date of the hearing.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0600 - POST HEARING PROCEDURES › Section 03 .0601 - DECISIONS OF HEARING EXAMINER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				decision of the hearing examiner shall be in writing and shall include findings
				of fact, conclusions of law, and an order.
(b) The hearing examiner shall sign the
				decision, and said decision shall be effected from the date it is filed with
				the offices of the Review Board. Upon filing of the decision, jurisdiction
				shall rest solely in the Board, and all motions, petitions, and other pleadings
				filed subsequent to such issuance shall be addressed to the Board.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0600 - POST HEARING PROCEDURES › Section 03 .0603 - STAY OF FINAL ORDER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any party
				aggrieved by a final order or other final determination of the Board or hearing
				examiner, may, in cases where the order or determination is not automatically
				stayed by operation of law, file a motion for a stay.
(b) Such motion shall set forth the reasons a
				stay is sought and the length of the stay requested.
(c) The Board or hearing examiner may order
				such stay for the period requested or for such longer or shorter period as is
				appropriate.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0600 - POST HEARING PROCEDURES › Section 03 .0604 - ORAL ARGUMENT BEFORE THE BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
The Board or hearing examiner shall have the right to require
				  oral argument, to regulate its order of presentation, and to limit the time
				  allowed for oral argument. If either party has failed to appear, the party
				  present may be allowed to proceed with its argument.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0600 - POST HEARING PROCEDURES › Section 03 .0605 - JUDICIAL REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
Any person who is or may be adversely affected by a final
				  order or other final determination of the Board in a contested case may, within
				  30 days from the date such order or determination is entered, seek judicial
				  review in accordance with and subject to the provisions of
				  G.S.
				  95-141 and G.S. 150B. The order shall be
				  deemed entered on the date filed and mailed to all parties. In addition to the
				  copy filed with the court, a copy of the petition for judicial review shall be
				  filed with the Review Board office and served on the opposing
				  party.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0700 - MISCELLANEOUS PROVISIONS › Section 03 .0701 - SETTLEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Settlement is
				encouraged at any stage of the proceedings.
(b) A settlement agreement, submitted for
				approval, should state the terms of the settlement, specify any matter which
				remains to be decided, and state whether there has been any employee objection
				to the reasonableness of any abatement time.
(c) A settlement agreement, submitted for
				approval, shall be posted and served in accordance with Rules .0107(e) and
				.0107(f) of this Chapter, and may not be approved prior to the expiration of
				time limits set forth in Rule .0107(h)(1) of this Chapter. Upon timely receipt
				of any employee objection to the reasonableness of any abatement date, the
				matter shall be scheduled for hearing before a hearing examiner.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0700 - MISCELLANEOUS PROVISIONS › Section 03 .0702 - EXPEDITED PROCEEDING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon application
				of any party or intervenor, or upon his own motion, any member of the Board or
				the hearing examiner may order an expedited proceeding.
(b) The Board or hearing examiner in an
				expedited proceeding shall make necessary rulings with respect to time for
				filing of pleadings and with respect to all matters, without reference to times
				set forth in these Rules, and shall do all other things necessary to complete
				the proceeding in the minimum time consistent with fairness. All parties and
				intervenors shall be notified of any expedited proceedings.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0700 - MISCELLANEOUS PROVISIONS › Section 03 .0703 - STANDARDS OF CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
All persons appearing in any proceeding shall conform to the
				  standards of ethical conduct required in the State courts.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0700 - MISCELLANEOUS PROVISIONS › Section 03 .0704 - EX PARTE COMMUNICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) There shall be
				no ex parte communication, with respect to the merits of any case not
				concluded, between the Board, including any member, officer, employee, or agent
				of the Board who is employed in the decisional process, and any of the parties
				or intervenors.
(b) In the event
				such ex parte communication occurs, the Board or the hearing examiner may make
				such orders to take such action as fairness requires. Upon notice and hearing,
				the Board may take such disciplinary action as is appropriate in the
				circumstances against any person who knowingly and willfully make or solicits
				the making of a prohibited ex parte communication.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0700 - MISCELLANEOUS PROVISIONS › Section 03 .0705 - RESTRICTION ON PARTICIPATION BY COMMISSIONER AND BOARD MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
The Commissioner or his agent shall not discuss any contested
				  case with the Review Board or hearing examiners. Review Board members shall not
				  be present at or participate in a hearing of any matter before a hearing
				  examiner. No hearing examiner, law clerk, or member of the Review Board shall
				  at any time during that person's tenure in office appear at any level, either
				  administrative or judicial, in any proceeding which originated before the
				  Board.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0700 - MISCELLANEOUS PROVISIONS › Section 03 .0706 - INSPECTION AND REPRODUCTION OF DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Subject
				to provisions of law restricting public disclosure of information, any person,
				may, at the offices of the Board, inspect and copy any document filed in any
				proceeding.
(b) Costs shall be
				borne by such person.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0700 - MISCELLANEOUS PROVISIONS › Section 03 .0707 - RESTRICTIONS WITH RESPECT TO FORMER EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
No former employee of the Board or the Commissioner
				  (including a member of the Board or the Director) shall appear before the Board
				  as an attorney or other representative for any party in any proceeding or other
				  matter, formal or informal, in which he participated personally and
				  substantially during the period of his employment.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0700 - MISCELLANEOUS PROVISIONS › Section 03 .0708 - ADOPTION OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Chapter 150B of the General Statutes governs the adoption of
				  Rules by the Board. Petitions for changes in the Board's rules should be guided
				  by G.S.
				  150B-20.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0700 - MISCELLANEOUS PROVISIONS › Section 03 .0709 - CONSTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
These Rules shall be construed to secure an expeditious,
				  just, and inexpensive determination of every case.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0700 - MISCELLANEOUS PROVISIONS › Section 03 .0710 - PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
All penalties assessed by the Board are
				  civil.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 05 - STATE HEALTH PLAN PURCHASING ALLIANCE › Section .0100 - COMMUNITY SPONSORS › Section 05 .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Adoption Eff. April 22, 1994 for a Period of 180 Days or until the permanent
				  rule becomes effective, whichever is sooner;
Authority
				  G.S.
				  143-626;
				  143-629; H.B. 729, Article 66,
				  ch. 143;
Eff. July 1, 1994;
Repealed Eff. December 31,
				  2000 pursuant to S.L. 2000-67, s.21.2.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 05 - STATE HEALTH PLAN PURCHASING ALLIANCE › Section .0200 - ALLIANCES › Section 05 .0201-.0202

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-626;
Eff. July 1,
				  1995;
Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67,
				  s.21.2.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 05 - STATE HEALTH PLAN PURCHASING ALLIANCE › Section .0200 - ALLIANCES › Section 05 .0203 - REPEALED - CERTIFICATION, RECERTIFICATION AND DECERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-626;
Eff. January 1,
				  1995;
Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67,
				  s.21.2.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 05 - STATE HEALTH PLAN PURCHASING ALLIANCE › Section .0200 - ALLIANCES › Section 05 .0204 - REPEALED - BOARD MONITORING RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-626;
Eff. July 1,
				  1995;
Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67,
				  s.21.2.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 05 - STATE HEALTH PLAN PURCHASING ALLIANCE › Section .0200 - ALLIANCES › Section 05 .0205 - REPEALED - MEMBER SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-626;
				  143-628;
Eff. January
				  1, 1995;
Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67,
				  s.21.2.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 05 - STATE HEALTH PLAN PURCHASING ALLIANCE › Section .0200 - ALLIANCES › Section 05 .0206 - REPEALED - COORDINATION OF MEMBER SERVICES AMONG ALLIANCES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-626;
				  143-628;
Eff. July 1,
				  1995;
Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67,
				  s.21.2.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 05 - STATE HEALTH PLAN PURCHASING ALLIANCE › Section .0200 - ALLIANCES › Section 05 .0207 - REPEALED - REQUESTS FOR PARTICIPATION BY AHCS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-628;
				  143-629;
Eff. January
				  1, 1995;
Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67,
				  s.21.2.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 05 - STATE HEALTH PLAN PURCHASING ALLIANCE › Section .0300 - ACCOUNTABLE HEALTH CARRIERS › Section 05 .0301-.0303

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Adoption Eff. April 22, 1994 for a Period of 180 Days or until the permanent
				  rule becomes effective, whichever is sooner;
Authority
				  G.S.
				  143-626;
				  143-629; H.B. 729, Article 66,
				  ch. 143;
Eff. July 1, 1994;
Repealed Eff. December 31,
				  2000 pursuant to S.L. 2000-67, s.21.2.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 05 - STATE HEALTH PLAN PURCHASING ALLIANCE › Section .0400 - SMALL EMPLOYER PARTICIPATION IN ALLIANCES › Section 05 .0401-.0415

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143-626;
Eff. August 1,
				  1995;
Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67,
				  s.21.2.
North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 05 - STATE HEALTH PLAN PURCHASING ALLIANCE › Section .0400 - SMALL EMPLOYER PARTICIPATION IN ALLIANCES › Section 05 .0419 - REPEALED - MONTHLY PAYMENTS TO ACCOUNTABLE HEALTH CARRIERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority:
				  G.S.
				  143-626;
				  143-631;
Eff. October
				  1, 1995;
Repealed Eff. December 31, 2000 pursuant to S.L. 2000-67,
				  s.21.2.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter A - GENERAL PROVISIONS › Section 01A .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  126-1;
				  126-2;
				  126-3;
Eff. February
				  1, 1976;
Repealed Eff. November 1,
				  1988.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter A - GENERAL PROVISIONS › Section 01A .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions shall apply throughout this
				  Chapter:
(1) Agency: shall mean and
				include, as the context may require, a department, institution, commission,
				committee, board, division, bureau, officer or official.
(2) Commission: shall mean the State Human
				Resources Commission.
(3)
				Department: shall mean one of the principal state departments but shall also
				include each state supported institution of higher learning.
(4) Director: shall mean the State Human
				Resources Director.
(5) State
				employee: shall mean all employees of the State of North Carolina who are
				subject to any part of the State Human Resources Act, unless otherwise
				indicated in this Chapter.
(6)
				Local government employee: shall mean those employees of local social services
				departments, public health departments, mental health centers and local offices
				of civil preparedness which receive federal grant-in-aid funds.
(7) State Human Resources Act: shall mean
				Chapter 126 of the North Carolina General Statutes.
(8) Competitive service: shall mean that
				personnel system based on the Federal Standards for a Merit System of Personnel
				Administration which applies to state employees and to local government
				employees determined by the Governor and Council of State.
Authority
				  G.S.
				  126-4;
				  126-5;
				  126-12;
Eff. February
				  1, 1976;
Amended Eff. October 1, 1977;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 28,
				  2014.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter A - GENERAL PROVISIONS › Section 01A .0104 - EXCEPTIONS AND VARIANCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				number of state employees, the variety of work done by them and the variations
				in the circumstances under which they work, make it impossible to establish for
				the government of the state a system of personnel administration based on
				accepted principles of personnel administration and applying the best methods
				as evolved in government and industry, as required by N.C.G.S.
				126-1, unless there is given to the State
				Human Resources Director in his role as day to day administrator of the State
				Human Resources Commission's policies and rules, authority to grant exceptions
				and variances from the policies and rules where necessary to promote efficiency
				of administration and to provide for a fair and reasonable system of personnel
				administration.
(b) Therefore, to
				the end that a system of personnel administration may be established as
				contemplated by N.C.G.S. 126-1, the State Human
				Resources Director shall have authority to grant exceptions and/or variances to
				the policies and rules promulgated by the State Human Resources Commission in
				those limited and special instances in which he makes written findings of fact
				that the granting of such exceptions and variances are necessary to promote
				efficiency of administration and provide for a fair and reasonable system of
				personnel administration, setting forth fully in such written findings of fact
				the circumstances and need for the exceptions and/or variances
				granted.
(c) Written reports of the
				granting of exceptions and variances shall be made by the Director to the
				Commission at its meeting next following the date the same are granted that is
				more than five business days from such date. Such written reports shall include
				the Director's findings of facts upon which the exceptions and/or variances
				granted were based.
Authority
				  G.S.
				  126-4(10);
ARRC
				  Objection May 25, 1989;
Eff. October 1, 1989;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 28,
				  2014.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter A - GENERAL PROVISIONS › Section 01A .0105 - EXPIRED - COVERAGE OF TITLE 25

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  126-4;
Eff. March 1,
				  1991;
Pursuant to
				  G.S.
				  150B-21.3A, rule expired November 1,
				  2014.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter A - GENERAL PROVISIONS › Section 01A .0106 - DELEGATION OF AUTHORITY: DECENTRALIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The Office of State Human Resources, under the direction of the State Human
				Resources Director, has sole responsibility for the implementation of the State
				Human Resources Commission's rules, policies and procedures. The State Human
				Resources Director has the exclusive authority for final approval of all
				personnel actions under these Rules and policies.
(b) The State Human Resources Director may
				delegate authority for final approval and accountability of certain personnel
				actions to the heads of state agencies and universities, and by extension, to
				the head of their personnel administration function. The decision to delegate
				authority for final approval of certain personnel actions or not to delegate,
				as well as the matters to be delegated, shall be at the discretion of the State
				Human Resources Director. The delegation decision by the State Human Resources
				Director shall be made based upon these factors:
(1) the acceptance of accountability for
				their own personnel functions by agency heads and chancellors under a
				delegation of authority from the State Human Resources Director;
(2) the history of agency cooperation and
				compliance with statutes relating to personnel administration and with
				established Commission policies, rules, procedures and related corrective
				actions;
(3) a pre-assessment of
				the compliance capability of the agency's personnel functions and the personnel
				staff;
(4) the demonstrated
				knowledge and expertise in the administration of the Commission's policies,
				rules and procedures by the personnel staff of the agency;
(5) the maintenance of an adequate staff in
				the agency's personnel functions, including an appropriate number of
				professional level positions commensurate with the size and complexity of the
				agency; and
(6) the maintenance of
				a quality control plan within the agency's personnel functions designed to
				improve the professionalism of the personnel staff and to produce accurate data
				in a current and timely manner.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 01B .0101-.0103

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-1;
					 126-2;
					 126-4;
					 126-9;
					 126-11;
Eff. February
					 1, 1976;
Repealed Eff. November 1,
					 1988.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 01B .0104 - EXPIRED - STATE HUMAN RESOURCES DIRECTOR

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule expired November 1,
					 2014.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 01B .0105-.0106

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-2;
					 126-10;
Eff. February
					 1, 1976;
Repealed Eff. November 1,
					 1988.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 01B .0107 - REPEALED - CAREER STATE EMPLOYEE CLASSIFICATION DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-1A;
					 126-4;
Eff. February
					 1, 1993;
Repealed Eff. August 1,
					 2004.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0200 - RULE-MAKING › Section 01B .0201 - CONTENT AND PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  wishing to submit a petition requesting the adoption, amendment, or repeal of a
				  rule of the Commission shall address a petition to:
Office of State Human Resources
1331 Mail Service Center
Raleigh, North Carolina 27699-1331.
(b) The petition shall be labeled Petition
				  for Rulemaking and contain the following information:
(1) either a draft of the proposed rule or a
				  summary of its contents;
(2) reason
				  for proposal;
(3) effect on
				  existing rules or orders;
(4) data
				  supporting proposal;
(5) fiscal
				  note on the impact of the proposed rule on existing practices in the area
				  involved, including cost factors and basis of analysis;
(6) names of those most likely to be affected
				  by the proposed rule with addresses if reasonably known;
(7) name(s) and address(es) of
				  petitioner(s).
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0200 - RULE-MAKING › Section 01B .0202 - REPEALED - NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-12(c);
Eff.
					 February 1, 1976;
Amended Eff. June 1, 1982;
Repealed
					 Eff. November 1, 1988.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0200 - RULE-MAKING › Section 01B .0203 - REPEALED - ADDITIONAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-12;
Eff. February 1,
					 1976;
Amended Eff. June 1, 1982;
Repealed Eff. March 1,
					 1996.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0200 - RULE-MAKING › Section 01B .0204 - PRESENTATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  desiring to present oral data, views, or arguments on the proposed rule shall
				  before the public hearing, file a notice with: Office of State Human Resources,
				  1331 Mail Service Center, Raleigh, North Carolina 27699-1331.
(b) Any person permitted to make an oral
				  presentation may submit a written copy of the presentation to the designated
				  hearing officer at the public hearing.
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. February 1, 2008; March 1, 1996; June 1,
					 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 28,
					 2014.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0200 - RULE-MAKING › Section 01B .0205 - ORAL PRESENTATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
A request to make an oral presentation shall contain a
					 brief summary of the individual's views with respect thereto, and a statement
					 of the length of time the individual desires. Presentations may not exceed
					 three minutes.
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. March 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 28,
					 2014.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0200 - RULE-MAKING › Section 01B .0206-.0207

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-12(e);
Eff.
					 February 1, 1976;
Amended Eff. June 1, 1982;
Repealed
					 Eff. March 1, 1996.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0200 - RULE-MAKING › Section 01B .0208 - HEARING PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
Upon the commencement of a hearing, the presiding officer
					 shall have complete control of the proceedings, including: extensions of any
					 time requirements, recognition of speakers, time allotments for presentations,
					 direction of the flow of the discussion and the management of the hearing. The
					 presiding officer, at all times, shall take care that each person participating
					 in the hearing is given a fair opportunity to present views, data and
					 comments.
Authority
					 G.S.
					 150B-12(d),(e);
Eff. February 1, 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 28,
					 2014.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0200 - RULE-MAKING › Section 01B .0209-.0212

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-12(d),(e);
					 150B-13;
					 150B-17;
Eff.
					 February 1, 1976;
Repealed Eff. November 1,
					 1988.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0200 - RULE-MAKING › Section 01B .0213 - REQUESTS FOR DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
All requests for declaratory rulings shall be written and
					 mailed to: Office of State Human Resources, 1331 Mail Service Center, Raleigh,
					 North Carolina 27699-1331.
Authority
					 G.S.
					 126-2;
					 126-4;
					 150B-4;
Eff.
					 February 1, 1976;
Amended Eff. February 1, 2008; March 1, 1996;
					 June 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 28,
					 2014.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0200 - RULE-MAKING › Section 01B .0214 - CONTENT

Current through Register Vol. 39, No. 2, July 15, 2024
All requests for a declaratory ruling 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 reasons for such an oral
				  hearing.
Authority
					 G.S.
					 150B-17;
Eff. February 1,
					 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 28,
					 2014.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0200 - RULE-MAKING › Section 01B .0215 - REFUSAL TO ISSUE RULING

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever the director believes for good cause that the
					 issuance of a declaratory ruling is undesirable, he may refuse to do so. When
					 good cause is deemed to exist, he will notify the petitioner of his decision in
					 writing stating reasons for the denial of a declaratory
					 ruling.
Authority
					 G.S.
					 150B-17;
Eff. February 1,
					 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 28,
					 2014.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter B - STATE HUMAN RESOURCES COMMISSION › Section .0200 - RULE-MAKING › Section 01B .0216 - TIME

Current through Register Vol. 39, No. 2, July 15, 2024
Where a declaratory ruling is deemed appropriate, the
					 director will issue the ruling within 60 days of receipt of the
					 petition.
Authority
					 G.S.
					 150B-17;
Eff. February 1,
					 1976;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 28,
					 2014.