NC Register Volume 23 Issue 09 - Office of Administrative Hearings

PROPOSED RULES
(1) The area program shall notify DMH/DD/SAS
in advance of the new service and its
anticipated date of commencement, and shall
provide such additional information related to
compliance with the accreditation standards
set forth in these Rules as DMH/DD/SAS may
request.
(2) In its notification, the area program shall offer
assurances that the service shall comply with
applicable standards for accreditation.
(b) Upon receipt of notification, DMH/DD/SAS shall deem the
new service to have received interim accreditation effective as of
the anticipated date of commencement. Unless revoked pursuant
to Rule .0604 of this Section, interim accreditation shall remain
in effect until completion of an on-site review of the new service
by DMH/DD/SAS.
(c) After the on-site review, DMH/DD/SAS may accredit the
new service pursuant to Rule .0603 of this Section for a
specified period of time, but not beyond the expiration of the
area program accreditation, or it may deny accreditation
pursuant to Rule .0604 of this Section.
Authority G.S. 122C-112; 122C-141(b); 122C-142(a); 122C-
191(d).
10A NCAC 27G .0706 RECIPROCITY
(a) By agreement between area programs, one area program
may place clients with another area program's accredited service
to provide that service without obtaining its own accreditation to
provide that service.
(b) Nothing herein shall be deemed to relieve any area program
of its responsibility to monitor contract service providers
pursuant to G.S. 122C-141 and 122C-142.
Authority G.S. 122C-112; 122C-141(b); 122C-142(a); 122C-
191(d).
10A NCAC 27G .0707 PURCHASE OF SERVICE AND
CAPITATION CONTRACTS
(a) In the case of services provided pursuant to purchase of
service or capitation contracts with individuals or groups of
individuals licensed under other provisions of state law and who
are not facilities requiring licensing under these Rules or G.S.
122C, area programs may exempt the contract providers from
complying with the requirements of Section .0200 of these
Rules, except for Rules .0203, .0204, .0207, and .0208 of this
Subchapter.
(b) For purposes of this Rule, "capitation contract" means a
contract in which the provider is paid a specified flat rate per
enrollee to meet clients' service needs within the parameters of
the contract.
(c) For purposes of this Rule, "purchase of service contract"
means a contract in which the provider is paid an agreed-upon
rate for a specific service as the service is rendered.
Authority G.S. 122C-112; 122C-141(b); 122C-142(a); 122C-
191(d).
TITLE 12 – DEPARTMENT OF JUSTICE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Criminal Justice Education and Training Standards
Commission intends to amend the rules cited as 12 NCAC 09A
.0107, .0204; 09B .0111, .0202, .0205, .0304, .0502; 09C .0306,
.0310; 09E .0102, .0105; 09G .0102, .0205-.0206, .0504.
Proposed Effective Date: February 1, 2009
Public Hearing:
Date: November 20, 2008
Time: 1:00 p.m.
Location: Department of Correction, Office of Staff
Development and Training, 2211 Schieffelin Road, Apex, NC
Reason for Proposed Action:
12 NCAC 09A .0107 – Changes the time in which an applicant
for certification, or certified officer, may request a contested
case hearing from the date of receipt of a notice of proposed
action by the Commission from 60 days to 30 days, in
accordance with G.S. 17C-11(b).
12 NCAC 09A .0204 – Updated to include the following as a
basis for suspension, revocation, or denial of law enforcement
certification: Refusals to submit to in-service drug screens
through an officer's certifying agency; denial, suspension, or
revocation of certification by other state or federal agencies
whose function is the same or similar to CJ Standards, Sheriffs'
Standards or the NC Company/Campus Police Program;
convictions under the Lautenberg Amendment which would
permanently prohibit possession of firearms or ammunition.
12 NCAC 09B .0111 – Updated to include convictions under the
Lautenberg Amendment as a valid reason to prohibit
certification of law enforcement officers under minimum
standards.
12 NCAC 09B .0202 – Removed the first reference to the
number of hours in General Instructor school as that
requirement is spelled out later in the rule. Added requirement
that school directors must notify all Basic Law Enforcement
Training instructors that they must comply with the instructions
in the Course Management Guide. Added requirements that any
instructor teaching in any criminal justice class must be
currently certified as an instructor by the Commission.
Removed the following statement as it is in internal policy and
not a rule issue: "The Director of the Standards Division shall
review the submitted Pre-Delivery Report together with all
attachments and notify the School Director of any apparent
deficiency."
12 NCAC 09B .0205 – Reduced the hours of the First Responder
block of instruction from 40 to 32, increased the hours of the
Patrol Techniques block of instruction from 20 to 26, and
increased the hours of the Juvenile Laws & Procedures block of
instruction from 8 to 10. Total hours for the Basic Law
Enforcement Training course remain 618.
12 NCAC 09B .0304 – Revised one of the requirements to
become a First Responder Specialized Instructor. Currently,
First Responder instructors are required to have a current
23:09 NORTH CAROLINA REGISTER NOVEMBER 3, 2008
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