reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0400 - MAPS AND DESCRIPTIONS OF SERVICE AREAS › Section 13 .0416 - ELECTRONIC MAP MEDIA REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				electronic copy of a map submitted under this Section may be submitted using
				any of the following media:
(1) A floppy
				disk;
(2) A CD-Rom Disc,
				or
(3) A DVD-Rom Disc.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0400 - MAPS AND DESCRIPTIONS OF SERVICE AREAS › Section 13 .0417 - AMENDMENTS TO SERVICE AREAS PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				franchise holder shall not file an amendment to a map or service area
				description which changes the service area boundaries.
(b) A new notice of franchise shall be filed
				if a filer seeks to change a franchise service area.
Authority
				  G.S.
				  55D-5;
				  55D-10;
				  55D-15;
				  66-352;
				  66-354(a);
Eff. July 3, 2008;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0400 - MAPS AND DESCRIPTIONS OF SERVICE AREAS › Section 13 .0418 - PERMITTED MAP AND DESCRIPTION AMENDMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				filer may amend a map or service area description for reasons other than
				changes to the service area boundaries. NOTE: For example, a filer may amend a
				map or service area description to further identify landmarks within the
				described service area such as street names.
(b) An amended map or service area
				description shall:
(1) Be titled "Amended";
				and
(2) Comply with Rule .0202 of
				this Chapter.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0400 - MAPS AND DESCRIPTIONS OF SERVICE AREAS › Section 13 .0419 - ANNUAL SERVICE REPORT MAP SUBMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
For the purpose of complying with the map filing requirements
				  for annual service reports under
				  G.S.
				  66-353, a filer submitting an annual service
				  report shall either:
(1) Combine and
				submit the information required by
				G.S.
				66-353(2) and
				G.S.
				66-353(4) on a single map
				image, so long as the resulting single map image provides the visual depiction
				and information required by each provision of law; or
(2) Submit two separate map images: one map
				image to depict the service area and one map image to depict households
				passed.
Authority
				  G.S.
				  55D-5;
				  55D-10;
				  55D-15;
				  66-352;
				  66-353;
				  66-354(a);
Eff. November 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0500 - NOTICE OF FRANCHISE › Section 13 .0501 - SCHEDULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A schedule
				shall set forth the proposed sequence and timing of the provision of service to
				the service area. Deviations from the proposed schedule shall be noted and
				explained in the annual service report as required in
				G.S.
				66-353(8).
(b) If a franchise service area contains
				noncontiguous geographic areas, then the schedule in the notice of franchise
				shall specifically address each of the noncontiguous areas.
Authority
				  G.S.
				  55D-5;
				  55D-10;
				  66-352;
				  66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0600 - NOTICE OF COMMENCEMENT OF SERVICE › Section 13 .0601 - NOTICE OF COMMENCEMENT OF SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
A notice of commencement of service shall include:
(1) The effective date of the notice of
				franchise for that service area as determined pursuant to Rule .0208 of this
				Chapter as noted on the copy of the notice of franchise returned by the
				Department to the filer and available on the Department's website;
(2) The franchise number assigned by the
				Department;
(3) Either verification
				that there have been no changes in the information on the notice of franchise
				with regard to the identity, address and contact information of the filer or
				amendment of that information;
(4)
				A map of the service area which complies with Section .0400 of this
				Chapter;
(5) A description of the
				service area which complies with Section .0400 of this Chapter;
(6) A statement confirming that cable service
				has begun in the service area; and
(7) The date on which cable service
				began.
Authority
				  G.S.
				  55D-5;
				  55D-10;
				  66-352(b);
				  66-354(a);
Eff. November 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0700 - NOTICE OF WITHDRAWAL › Section 13 .0701 - MINIMUM REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
A notice of withdrawal must include:
(1) The name of the franchisee as stated on
				the notice of franchise;
(2) The
				date of the notice of franchise;
(3) The cities and counties identified in the
				original notice of franchise;
(4)
				The date upon which the franchisee will cease providing service; and
(5) The franchise number assigned by the
				Department.
Authority
				  G.S.
				  55D-5;
				  55D-10;
				  66-352(d);
				  66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0700 - NOTICE OF WITHDRAWAL › Section 13 .0702 - WITHDRAWAL NOTICE COVERS ENTIRE SERVICE AREA

Current through Register Vol. 39, No. 2, July 15, 2024
A withdrawal of a notice of franchise applies to the entire
				  franchise service area.
Authority
				  G.S.
				  55D-5;
				  55D-10;
				  66-352(d);
				  66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0800 - ANNUAL SERVICE REPORT › Section 13 .0801 - EXPIRED - ONE ANNUAL SERVICE REPORT PER FRANCHISE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  55D-5;
				  55D-10(b)(7);
				  66-354(a);
Temporary Adoption Eff. January 1, 2007;
Temporary Adoption Expired
				  November 1, 2007.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0800 - ANNUAL SERVICE REPORT › Section 13 .0802 - ANNUAL SERVICE REPORT DESCRIPTION AND MAP INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
Description and map information filed in an annual service
				  report must correspond with description and map information in the notice of
				  franchise to which the annual service report applies.
Authority
				  G.S.
				  55D-5;
				  55D-10(b)(7);
				  66-353;
				  66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0800 - ANNUAL SERVICE REPORT › Section 13 .0803 - ANNUAL SERVICE REPORT SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
The explanation included in an annual service report for a
				  new schedule and the accompanying new schedule shall be linked to the
				  description and map of the franchise service area in a manner which permits a
				  person reading the explanation to determine whether or not the new schedule
				  affects an area. Note: For example, an explanation and new schedule would be
				  linked to the service area description if it stated: Households in the northern
				  quadrant of the service area were scheduled to be passed in 2007. That schedule
				  has now changed because flooding due to Hurricane XYZ prevented passing those
				  households. Those households are now scheduled to be passed in
				  2008.
Authority
				  G.S.
				  55D-5;
				  55D-10(b)(7);
				  66-353;
				  66-354(a);
Eff. November 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0800 - ANNUAL SERVICE REPORT › Section 13 .0804 - REQUIRED CUSTOMER SERVICE INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
An annual service report shall specify the extent to which
				  the following requirements contained in 47 C.F.R. Part 76 have been met:
(1)
									47 C.F.R.
				76.309 Customer service
				obligations;
(2)
									47 C.F.R.
				76.1602 Customer service--general
				information;
(3)
									47 C.F.R.
				76.1603 Customer service--rate and service
				changes; and
(4)
									47 C.F.R.
				76.1604 Charges for customer service
				changes.
A cable service franchise holder may include additional
				  information regarding compliance with customer service requirements in Part 76
				  of Title 47 of the Code of Federal Regulations in the annual
				  report.
Authority
				  G.S.
				  55D-5;
				  55D-10(b)(7);
				  66-353;
				  66-354(a);
				  66-356(b); 47
				  C.F.R. Part 76;
Temporary Adoption Eff. January 1,
				  2007;
Eff. November 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0800 - ANNUAL SERVICE REPORT › Section 13 .0805 - ANNUAL SERVICE REPORT PERCENTAGE OF HOUSEHOLDS PASSED

Current through Register Vol. 39, No. 2, July 15, 2024
When listing the percentage of households passed in the
				  service area as of July 1 of any preceding year for which a report was
				  required, a filer shall list the percentage that was set forth on the annual
				  service report for the immediately preceding year. A filer is not required to
				  list percentages for other prior years in which another annual service report
				  was filed.
Authority
				  G.S.
				  55D-5;
				  55D-10(b)(7);
				  66-353;
				  66-354(a);
Eff. November 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 13 - STATE FRANCHISE FOR CABLE TELEVISION SERVICE › Section .0900 - RECORDS › Section 13 .0901 - ACCESSING PUBLIC RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
Records may be physically viewed at the Department by the
				  public on weekdays during normal operating hours, except on State holidays. A
				  list of State holidays may be viewed at:
http://www.osp.state.nc.us/holsched.htm
.
Authority
				  G.S.
				  55D-5;
				  55D-10(b)(7);
				  66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1,
				  2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0100 - IDENTIFYING INFORMATION AND FUNCTIONS › Section 01A .0101 - IDENTIFYING INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
The principal offices of the Department of Transportation
					 are located at:
Highway Building
1 South Wilmington Street
P.O. Box 25201
Raleigh, North Carolina 27611
Authority
					 G.S.
					 136-15;
					 136-44.1;
					 143B-10(b);
					 143B-345;
Eff. July
					 1, 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0100 - IDENTIFYING INFORMATION AND FUNCTIONS › Section 01A .0102-.0103

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-1;
					 113-28.5;
					 136-4;
					 136-44.1;
					 143B-10(b),
					 (j);
					 143B-11;
					 143B-346;
					 147-12(7); S.L.
					 1844, Ch. 82; S.L. 1852, Ch. 136;
Eff. July 1, 1978;
Repealed Eff. November 1, 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0100 - IDENTIFYING INFORMATION AND FUNCTIONS › Section 01A .0104 - RULEMAKING AUTHORITY DEFINED

Current through Register Vol. 39, No. 2, July 15, 2024
Throughout this Title, "rulemaking authority" shall mean
					 the person, board or commission empowered by statute or delegation of statutory
					 authority to adopt and promulgate rules in the specific subject area in
					 question.
Note: For the rulemaking authority vested in the Board,
					 Department or Secretary of Transportation, see
					 G.S.
					 136-18(5);
					 143B-10(a),
					 (j);
					 143B-346;
					 143B-348;
					 143B-350(f),
					 (g).
Authority
					 G.S.
					 143B-10(j);
Eff.
					 July 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0200 - SECRETARY OF TRANSPORTATION › Section 01A .0201 - IDENTIFYING INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
The office of the Secretary of Transportation is located
					 at:
Highway Building
1 South Wilmington Street
P.O. Box 25201
Raleigh, North Carolina 27611
Authority
					 G.S.
					 143B-9;
					 143B-348;
Eff. July
					 1, 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0200 - SECRETARY OF TRANSPORTATION › Section 01A .0202-.0203

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-2;
					 20-3;
					 20-183.16;
					 113A-54(a);
					 136-4;
					 136-20;
					 136-28.1(b) to
					 (d);
					 143-392;
					 143B-10;
					 143B-14;
					 143B-348;
					 143B-350(b), (c),
					 (g);
					 143B-360;
Eff. July
					 1, 1978;
Repealed Eff. November 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0200 - SECRETARY OF TRANSPORTATION › Section 01A .0204-.0206

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-16;
					 143B-10;
					 143B-348;
Eff. July
					 1, 1978;
Repealed Eff. November 1,
					 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0300 - BOARD OF TRANSPORTATION › Section 01A .0301 - IDENTIFYING INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
The office of the Board of Transportation is located
					 at:
Highway Building
1 South Wilmington Street
P.O. Box 25201
Raleigh, North Carolina 27611
Note: The exact composition of the Board of Transportation
					 is given in
					 G.S.
					 143B-350(b) to
					 (d).
Authority
					 G.S.
					 143B-350;
Eff. July 1,
					 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0300 - BOARD OF TRANSPORTATION › Section 01A .0302-.0303

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(8), (16);
					 136-19.4(a),
					 (d);
					 136-28.1(a);
					 136-44.1;
					 136-44.3;
					 136-44.4;
					 136-44.7;
					 136-44.8;
					 136-44.10;
					 136-54;
					 136-49;
					 136-60;
					 136-62;
					 136-63;
					 136-102.6;
					 143B-350(a);
					 143B-350(f);
Eff. July 1, 1978;
Repealed Eff. November 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0400 - DIVISION OF HIGHWAYS › Section 01A .0401 - IDENTIFYING INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
The principal offices of the Division of Highways are
					 located at:
Highway Building
1 South. Wilmington Street
P.O. Box 25201
Raleigh, North Carolina 27611
Authority
					 G.S.
					 136-141.1;
					 136-15;
					 143B-10(b),
					 (j)
Eff. July 1,
					 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0400 - DIVISION OF HIGHWAYS › Section 01A .0402-.0403

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-4;
					 136-18;
					 143B-10;
					 143B-10(a),
					 (b);
					 143B-350(g);
Eff. July 1, 1978;
Repealed Eff. November 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0400 - DIVISION OF HIGHWAYS › Section 01A .0404 - REPEALED - DUTIES AND RESPONSIBILITIES: STATE HIGHWAY ADMINISTRATOR

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-119;
					 133-5;
					 136-18.3;
					 136-18(5);
					 136-18(11);
					 136-19;
					 136-28.1;
					 136-29;
					 136-30;
					 136-44.1;
					 136-64.1(d);
					 136-71.9;
					 136-71.10;
					 136-89.51;
					 136-89.59;
					 136-93;
					 143B-10(j);
					 143B-350(f),
					 (g);
Eff. July 1,
					 1978;
Amended Eff. January 1, 1986; October 1, 1983;
Repealed Eff. November 1, 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0400 - DIVISION OF HIGHWAYS › Section 01A .0405 - REPEALED - SECONDARY ROADS SECTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(b);
					 143B-348;
					 143B-350(g);
Eff. July 1, 1978;
Repealed Eff. December 29,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0400 - DIVISION OF HIGHWAYS › Section 01A .0406-.0408

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-12;
					 136-14.1;
					 136-15;
					 136-17.2;
					 136-18;
					 136-19;
					 136-28.6;
					 136-44.2;
					 136-44.2B;
					 136-44.4;
					 136-44.11;
					 136-44.50;
					 136-66.1;
					 136-66.3;
					 136-66.5;
					 136-82;
					 136-89;
					 136-184;
					 143B-10(b),(g),(j);
					 143B-348;
					 143B-350;
Eff. July
					 1, 1978;
Amended Eff. November 1, 1985;
Repealed Eff.
					 November 1, 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0500 - ASSISTANT SECRETARY FOR MANAGEMENT › Section 01A .0501-.0508

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-3;
					 20-26;
					 20-27;
					 20-43;
					 95-126(b)(2) 1;
					 95-127(10); 95-148; 136-10; 143-49; 143-51; 143-157; 143B-10(b);
					 143B-348;
Eff. July 1, 1978;
Amended Eff. July 1, 1982;
					 July 1, 1981;
Repealed Eff. November 1,
					 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0600 - ASSISTANT SECRETARY FOR PLANNING › Section 01A .0601-.0611

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-28.5;
					 113-28.6;
					 113-28.12;
					 136-44.20;
					 143B-10(a),(b);
					 143B-350(f),(g);
					 143B-355;
					 143B-356;
Eff. July
					 1, 1978;
Repealed Eff. November 1,
					 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0700 - DIVISION OF MOTOR VEHICLES › Section 01A .0701-.0711

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 15A-401;
					 15-402;
					 20-1;
					 20-2;
					 20-3;
					 20-4.3;
					 20-7;
					 20-39;
					 20-40;
					 20-43;
					 20-49;
					 20-50;
					 20-63(h);
					 20-77;
					 20-84.2;
					 20-86.1;
					 20-87 to
					 20-93;
					 20-102;
					 20-104;
					 20-110;
					 20-111;
					 20-114;
					 20-118.1;
					 20-177;
					 20-183.2;
					 20-183.4;
					 20-183.5;
					 20-183.9;
					 20-218;
					 20-279.3;
					 20-279.4;
					 20-285;
					 20-315;
					 20-316;
					 20-321;
					 44A-4;
					 143B-360;
					 147-12(10);
Eff. July 1, 1978;
Amended Eff. November 1, 1991; April 22,
					 1981;
Repealed Eff. December 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0800 - NORTH CAROLINA TRAFFIC SAFETY AUTHORITY › Section 01A .0801-.0802

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-392 through
					 143-394;
					 143B-359;
Eff. July
					 1, 1978;
Repealed Eff. June 1,
					 1982.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .0900 - NORTH CAROLINA RAILROAD COMPANY › Section 01A .0901-.0902

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-358;
					 147-12(7); S.L.
					 1849, Ch. 82, s. 1;
Eff. July 1, 1978;
Amended Eff.
					 November 1, 1991;
Repealed Eff. November 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - ORGANIZATION OF THE DEPARTMENT › Section .1000 - ATLANTIC AND NORTH CAROLINA RAILROAD COMPANY › Section 01A .1001-.1002

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143A-106; S.L. 1852, Ch. 136, s.
					 1;
Eff. July 1, 1978;
Repealed Eff. November 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0100 - RULEMAKING GENERALLY › Section 01B .0101 - REPEALED - PROCEDURAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-1;
					 136-18;
					 143B-346;
					 143B-350(f),
					 (g);
					 150A-1;
					 150A-10;
					 150A-23;
Resolutions
					 of the Board of Transportation: November 7, 1975, July 24, 1973;
Eff. July 1, 1978;
Repealed Eff. November 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0100 - RULEMAKING GENERALLY › Section 01B .0102 - GENERAL PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
This Subchapter is to be read and applied in conjunction
					 with the applicable statutes of the Administrative Procedure
					 Act.
Authority
					 G.S.
					 143B-350;
					 150B-18;
Eff. July
					 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0100 - RULEMAKING GENERALLY › Section 01B .0103 - STATUTORY PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The procedures set forth in this Subchapter are in
					 accordance with Article 2A of the Administrative Procedure Act. These
					 procedures are established to implement Article 2A of the Administrative
					 Procedure Act and should be read in conjunction with those statutory
					 provisions.
Authority
					 G.S.
					 143B-10(j);
					 143B-350;
					 150B-1;
					 150B-10(j);
Eff. July 1, 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0200 - PETITIONING FOR RULEMAKING › Section 01B .0201 - PETITIONING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Any person wishing to submit a petition requesting the
					 adoption, amendment, or repeal of a rule by the Department of Transportation
					 shall submit a written petition to:
Secretary, Department of Transportation
Highway Building
1 South Wilmington Street
P.O. Box 25201
Raleigh, North Carolina 27611
The outside envelope containing the petition shall clearly
					 display the notation:
RULEMAKING PETITION, RE: and then the subject
					 area.
Authority
					 G.S.
					 143B-10(j);
					 143B-350;
					 150B-20;
Eff. July
					 1, 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0200 - PETITIONING FOR RULEMAKING › Section 01B .0202 - CONTENTS OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
A petition for adoption, amendment or repeal of a rule
					 shall include the following information:
(1) the rulemaking authority to which the
				  petition is directed;
(2) an
				  indication of the subject areas to which petition is directed;
(3) a draft of the proposed rule including a
				  citation of any prior rules which will be amended by the proposed rule, and the
				  statutory authority for the agency to adopt the rule;
(4) a statement of the reasons and argument
				  for the proposal;
(5) a statement
				  of the effect on existing rules or orders;
(6) the effects of the proposed rule or rule
				  change;
(7) names and addresses of
				  those who will be affected by the proposed rule or rule change; and
(8) names, addresses, and telephone numbers
				  of petitioners.
Authority
					 G.S.
					 143B-350;
					 150B-20;
Eff. July
					 1, 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0200 - PETITIONING FOR RULEMAKING › Section 01B .0203 - CONSIDERATION AND DISPOSITION OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Secretary of Transportation may designate a member of the Department of
				  Transportation to determine whether to grant or deny the request for a
				  rulemaking petition. The Secretary or his designee will determine, based on a
				  study of the facts submitted in the petition, whether the public interest will
				  be served by granting the petition. Prior to making this determination, the
				  Secretary or his designee may request additional information from the
				  petitioner; he may contact interested persons who will be affected by the
				  proposed rule or rule change and request comments; he may use any other
				  appropriate method for obtaining information on which to base his
				  determination.
(b) Any designate of
				  the Secretary shall make a recommendation to the Secretary for the institution
				  of rulemaking proceedings or for the denial of the petition, as the case may
				  be.
(c) If the decision is to deny
				  the petition, the Secretary will notify the petitioner in writing, stating the
				  reasons for the denial. If the decision is to grant the petition, the Secretary
				  will initiate the rulemaking process and inform the petitioner in
				  writing.
Authority
					 G.S.
					 143B-350;
					 150B-20;
Eff. July
					 1, 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0300 - RULEMAKING HEARING › Section 01B .0301 - HEARING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
The Board of Transportation, as rulemaking authority for
					 all transportation functions assigned to the Department of Transportation, has
					 delegated the power to appoint the hearing officer or board to the Secretary of
					 Transportation, who may, in his discretion, reassign this
					 function.
Authority
					 G.S.
					 143B-10(a);
					 143B-350;
Eff. July
					 1, 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0300 - RULEMAKING HEARING › Section 01B .0302 - RECORD OF HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rulemaking
				  coordinator shall make a complete record of every rulemaking proceeding and it
				  shall contain:
(1) the original
				  petition;
(2) all
				  notices;
(3) all written comments
				  received or presented;
(4) a
				  transcript or recording of all oral presentations made at a public
				  hearing;
(5) the final draft of the
				  rule;
(6) all written explanations
				  made by the agency for adopting the rule;
(7) all filing submitted to the Office of
				  Administrative Hearings;
(8) a copy
				  of the published rule; and
(9) any
				  other pertinent correspondence or records.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0400 - DECLARATORY RULINGS › Section 01B .0401 - REQUEST FOR DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
A request for a declaratory ruling must include the
					 following information:
(1) the name,
				  address and telephone numbers of the requesting party;
(2) the statute, rule, order, or ordinance to
				  which the request relates; and
(3)
				  a concise statement of the manner in which the requesting party is aggrieved by
				  the rule, order, ordinance, or statute, or its potential application to him.
All requests for declaratory rulings shall be written and
					 mailed or delivered to:
Secretary, Department of Transportation
Highway Building
1 South Wilmington Street
P.O. Box 25201
Raleigh, North Carolina 27611
Authority
					 G.S.
					 150B-4;
Eff. July 1,
					 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0400 - DECLARATORY RULINGS › Section 01B .0402 - PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
A declaratory ruling procedure may consist of written
					 submissions or such other procedure as may be deemed appropriate in a
					 particular case by the hearing officer.
Authority
					 G.S.
					 150B-4;
Eff. July 1,
					 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0400 - DECLARATORY RULINGS › Section 01B .0403 - BASIS FOR DENIAL OF REQUEST FOR DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
The hearing officer may deny a request for a declaratory
					 ruling for any of the following reasons:
(1) Similar determination made elsewhere that
				  applies;
(2) Contested case hearing
				  would be more appropriate;
(3)
				  Matter is currently under litigation.
Authority
					 G.S.
					 150B-4;
Eff. July 1,
					 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0500 - PUBLIC INSPECTION › Section 01B .0501 - INSPECTION OF GENERAL RULES: POLICIES: ETC

Current through Register Vol. 39, No. 2, July 15, 2024
The following are available for public inspection between
					 8:00 a.m. and 5:00 p.m. on Monday through Friday, holidays excepted, at:
Office of the Secretary
Department of Transportation
Highway Building
1 South Wilmington Street
Raleigh, North Carolina 27611:
(1) all rules and all other written
				  statements of policy or interpretations formulated, adopted or used by the
				  Department of Transportation;
(2)
				  all orders, decisions, opinions and declaratory rulings, together with all
				  materials used in formulating such; and
(3) all rules, codes, standards and
				  regulations which have been adopted by reference by any rulemaking authority
				  within the Department of Transportation.
Authority
					 G.S.
					 132-6;
					 143B-350;
Eff. July
					 1, 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - RULEMAKING PROCEDURE › Section .0500 - PUBLIC INSPECTION › Section 01B .0502 - INSPECTION OF TRAFFIC ORDINANCES

Current through Register Vol. 39, No. 2, July 15, 2024
Traffic Ordinances are available for public inspection
					 at:
Transportation Mobility and Safety
(Mail) 1561 Mail Service Center
Raleigh, 27699-1561
(Delivery) 750 N. Greenfield Parkway
Garner, NC 27529
Authority
					 G.S.
					 132-6;
					 143B-350;
Eff. July
					 1, 1978;
Amended Eff. October 1, 2013; November 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - ADMINISTRATIVE HEARING PROCEDURE › Section .0100 - GENERAL PROVISIONS › Section 01C .0101 - REPEALED - PROCEDURAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-1;
					 136-18(5);
					 143B-346;
					 143B-350(f),
					 (g);
					 150A-1;
					 150A-23;
Resolutions
					 of the Board of Transportation of November 7, 1975, July 24, 1973;
Eff. July 1, 1978;
Repealed Eff. November 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - ADMINISTRATIVE HEARING PROCEDURE › Section .0100 - GENERAL PROVISIONS › Section 01C .0102 - GENERAL PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
This Subchapter is to be read and applied in conjunction
					 with the applicable statutes of the Administrative Procedure Act, but will not
					 apply to the extent that any statute makes provisions to the contrary.
Note: The department is subject to the following procedures
					 set forth in the statutes:
					 G.S.
					 136-20 (railroad over- and under-passes);
					 136-22 (drainage canal cost distribution); 136-29 (adjustment of contractor
					 claims); 136-41.3 (Powell Bill funds); 136-44.8 (secondary roads); 136-62
					 (right of petition to the Board of Transportation); 136-64 (road maintenance
					 petitions); 136-67 (neighborhood public roads); 136-83 (ferry rates); 136-89.54
					 (controlled access roads); 136-103 through 136-121.1 (condemnation
					 proceedings); 136-132 and 136-134.1 (outdoor advertising); 113-54
					 (sedimentation control); and the various procedures relating to motor vehicles
					 in Chapter 20 of the General Statutes.
Authority
					 G.S.
					 143B-350;
					 150B-1(e);
Eff. July 1, 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - ADMINISTRATIVE HEARING PROCEDURE › Section .0200 - INITIATING ADMINISTRATIVE HEARING › Section 01C .0201 - REPEALED - INFORMAL NEGOTIATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-29;
					 143B-10(j);
					 143B-350;
					 150B-1(e)(8);
					 150B-22;
Eff. July
					 1, 1978;
Amended Eff. November 1, 1993;
Repealed Eff.
					 March 1, 2013.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - ADMINISTRATIVE HEARING PROCEDURE › Section .0200 - INITIATING ADMINISTRATIVE HEARING › Section 01C .0202-.0208

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(a), (j);
					 143B-350(f);
					 150A-17;
					 150A-23;
					 150A-25;
					 150A-27;
					 150A-32;
					 150A-34;
Eff. July
					 1, 1978;
Repealed Eff. November 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - ADMINISTRATIVE HEARING PROCEDURE › Section .0200 - INITIATING ADMINISTRATIVE HEARING › Section 01C .0209 - OFFICIAL RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
A copy of the official record as required by Article 3 of
					 the Administrative Procedure Act shall be on file with:
Secretary, Department of Transportation
Highway Building
1 South Wilmington Street
P.O. Box 25201
Raleigh, North Carolina 27611
Authority
					 G.S.
					 143B-10(j);
					 143B-350;
					 150B-37;
Eff. July
					 1, 1978;
Amended Eff. November 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 24,
					 2015.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter A - GENERAL ADMINISTRATION › Section .0100 - CHIEF ENGINEER › Section 02A .0101 - REPEALED - GENERAL RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-4;
					 143B-10;
Eff. July
					 1, 1978;
Repealed Eff. December 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter A - GENERAL ADMINISTRATION › Section .0200 - LEASE OR RENTAL OF PROPERTY › Section 02A .0201 - REPEALED - STATE HIGHWAY ADMINISTRATOR'S AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 146-32(2);
					 143B-350(f);
					 143B-350(g);
Authority Council of State Resolution of August 9, 1972;
Eff. July
					 1, 1978;
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c.
					 477, s. 3.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter A - GENERAL ADMINISTRATION › Section .0200 - LEASE OR RENTAL OF PROPERTY › Section 02A .0202 - REPEALED - FISCAL SECTION'S RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 146-25.1;
					 146-27;
					 146-32(2);
					 143B-350(f);
					 143B-350(g);
Eff. July 1, 1978;
Repealed Eff. November 1,
					 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0101-.0108

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 133-5;
					 133-17;
					 136-18(2);
					 136-18(10);
					 136-18(16);136-18(23);
					 136-19;
					 136-19.1 to
					 136-19.3;
					 136-44.11;
					 136-89.52;
					 136-103;
					 136-131 to 132; 136-148;
					 143B-350B(f),(g);
Eff. July 1, 1978;
Amended Eff.
					 November 1, 1991; October 1, 1991; June 1, 1985;
Repealed Eff.
					 October 1, 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0109 - REPEALED - ACQUISITION OTHER THAN UNIMPROVED STATE SECONDARY ROADS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 143B-350(f),(g);
Eff. July 1, 1978;
Repealed Eff. November 1,
					 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0110 - REPEALED - PROPERTY OWNER'S APPRAISALS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 143B-350(f),(g);
Eff. July 1, 1978;
Repealed Eff. October 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0111 - REPEALED - NEGOTIATION BY CORRESPONDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 143B-350(f),(g);
Eff. July 1, 1978;
Repealed Eff. November 1,
					 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0112-.0113

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 143B-350(f),(g);
Eff. July 1, 1978;
Repealed Eff. October 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0114 - NEGOTIATION WITH DEPARTMENT OF TRANSPORTATION EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
When acquiring right of way from Department of
					 Transportation employees performing highway functions:
(1) The appraisal of any property having
				  damages in excess of two thousand five hundred dollars ($2,500), owned by an
				  employee of the Department of Transportation, shall be made by an independent
				  fee appraiser, rather than a staff appraiser;
(2) The Right of Way Review Board shall pass
				  on the approval of the appraisal of any employee of the Right of Way Branch, or
				  any other employee of the Department of Transportation performing highway
				  functions at salary grade 73 or above;
(3) Right of way acquisitions may be
				  negotiated at the approved appraisal with employees below salary grade
				  73;
(4) Right of way acquired from
				  any employee of the Department of Transportation performing highway functions
				  at salary grade 73 or above shall not be acquired by negotiation but by the
				  filing of a complaint and declaration of taking.
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 143B-350(f),(g);
Eff. July 1, 1978;
Amended Eff. October 1, 1993; November 1,
					 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0115-.0118

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 143B-24;
					 143B-350(f),(g);
					 146-25.1;
					 146-32(2);
Eff. July 1, 1978;
Repealed Eff. October 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0119 - REPEALED - NEGOTIATION WITH MUNICIPALITIES AND MUNICIPAL AGREEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 136-66.3;
					 143B-24;
					 143B-350(f),(g);
Eff. July 1, 1978;
Transferred and Recodified to
					 19A NCAC
					 02B .0315 Eff. October 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0120-.0121

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 143B-350(f),(g);
Eff. July 1, 1978;
Amended Eff. November 1, 1991;
Repealed Eff. October 1, 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0122 - REPEALED - DISPOSITION OF IMPROVEMENTS PURCHASED BY THE BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 143B-350(f),(g);
Eff. July 1, 1978;
Repealed Eff. November 1,
					 1991.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0123 - REPEALED - SECONDARY ROAD RIGHT OF WAY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(2);
					 136-18(26);
					 136-29;
					 136-44.7;
Eff. July
					 1, 1978;
Amended Eff. November 1, 1991;
Repealed Eff.
					 October 1, 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0124 - REPEALED - PERSONAL PROPERTY NOT TO BE ACQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 143B-350(f),(g);
Eff. July 1, 1978;
Transferred and Recodified to
					 19A NCAC
					 02B .0316 Eff. October 1,
					 1993.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0125-.0128

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 136-18(2);
					 136-19;
					 143B-350(f),(g);
Eff. July 1, 1978;
Repealed Eff. October 1,
					 1993.