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NC Register Volume 24 Issue 19 - Office of Administrative Hearings

NC Register Volume 24 Issue 19 - Office of Administrative Hearings

NC Register Volume 24 Issue 19 - Office of Administrative Hearings

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PROPOSED RULES<br />

(3) serving in a combat zone, or serving with<br />

respect to a military contingency operation as<br />

defined by 10 U.S.C. 101(a)(13).<br />

Authority G.S. 105-<strong>24</strong>9.2; S. L. 2009-458 Section 7508 <strong>of</strong> the<br />

Internal Revenue Code; 10 U.S.C. 101.<br />

21 <strong>NC</strong>AC 32R .0105 WAIVER FOR LICENSEES<br />

SERVING ON ACTIVE DUTY IN THE ARMED<br />

SERVICES OF THE US<br />

The Board shall waive continuing education, payment <strong>of</strong><br />

renewal and other fees, and any other requirements or conditions<br />

relating the maintenance <strong>of</strong> licensure by an individual who is:<br />

(1) currently licensed by and in good standing<br />

with the Board;<br />

(2) serving in the armed forces <strong>of</strong> the United<br />

States or serving in support <strong>of</strong> such armed<br />

forces; and<br />

(3) serving in a combat zone, or serving with<br />

respect to a military contingency operation as<br />

defined by 10 U.S.C. 101(a)(13).<br />

Authority G.S. 105-<strong>24</strong>9.2; S. L. 2009-458 Section 7508 <strong>of</strong> the<br />

Internal Revenue Code; 10 U.S.C. 101.<br />

* * * * * * * * * * * * * * * * * * * *<br />

CHAPTER 34 - BOARD OF FUNERAL SERVICE<br />

Notice is hereby given in accordance with G.S. 150B-21.2 that<br />

the Board <strong>of</strong> Funeral Service intends to adopt the rules cited as<br />

21 <strong>NC</strong>AC 34A .0203; 34B .0311 and 34D .0203 and repeal the<br />

rules cited as 04 <strong>NC</strong>AC 04 .0101-.0103, .0303-.0305, .0601-<br />

.0608.<br />

Proposed Effective Date: August 1, 2010<br />

Public Hearing:<br />

Date: May <strong>19</strong>, 2010<br />

Time: 9:00 a.m.<br />

Location: 1033 Wade Avenue, Suite 108, Raleigh, <strong>NC</strong> 27605<br />

Reason for Proposed Action: To comply with rulemaking<br />

requirements imposed by the General Assembly for annual<br />

reports and military licensing; to create procedures for preneed<br />

surety bond requirements; to repeal unnecessary rules for<br />

mutual burial associations.<br />

Procedure by which a person can object to the agency on a<br />

proposed rule: Interested parties can submit written comments<br />

or attend the public hearing.<br />

Comments may be submitted to: Paul Harris, Rulemaking<br />

Coordinator, 1033 Wade Avenue, Suite 108, Raleigh, <strong>NC</strong><br />

27605, phone (9<strong>19</strong>)733-9380, fax (9<strong>19</strong>)733-8271, email<br />

wpharris@ncbfs.org<br />

Comment period ends: June 1, 2010<br />

Procedure for Subjecting a Proposed Rule to Legislative<br />

Review: If an objection is not resolved prior to the adoption <strong>of</strong><br />

the rule, a person may also submit written objections to the<br />

Rules Review Commission after the adoption <strong>of</strong> the Rule. If the<br />

Rules Review Commission receives written and signed<br />

objections after the adoption <strong>of</strong> the Rule in accordance with G.S.<br />

150B-21.3(b2) from 10 or more persons clearly requesting<br />

review by the legislature and the Rules Review Commission<br />

approves the rule, the rule will become effective as provided in<br />

G.S. 150B-21.3(b1). The Commission will receive written<br />

objections until 5:00 p.m. on the day following the day the<br />

Commission approves the rule. The Commission will receive<br />

those objections by mail, delivery service, hand delivery, or<br />

facsimile transmission. If you have any further questions<br />

concerning the submission <strong>of</strong> objections to the Commission,<br />

please call a Commission staff attorney at 9<strong>19</strong>-431-3000.<br />

Fiscal Impact:<br />

State<br />

Local<br />

Substantial Economic Impact (>$3,000,000)<br />

None<br />

CHAPTER 04 - BURIAL COMMISSION<br />

SECTION .0100 - GENERAL PROVISIONS<br />

04 <strong>NC</strong>AC 04 .0101 NAME AND ADDRESS<br />

The North Carolina Burial Commission is located at 430 North<br />

Salisbury Street, Raleigh, North Carolina, 27611 and its mailing<br />

address is Post <strong>Office</strong> Box 25<strong>24</strong>9. <strong>Office</strong> hours are from 8:00<br />

a.m. to 5:30 p.m., Monday through Friday.<br />

Authority G.S. 90-210.80.<br />

04 <strong>NC</strong>AC 04 .0102 PURPOSE<br />

The purpose <strong>of</strong> the North Carolina Burial Commission is to<br />

supervise and audit the mutual burial associations in North<br />

Carolina. This division is established under the Department <strong>of</strong><br />

Commerce.<br />

Authority G.S. 90-210.80.<br />

04 <strong>NC</strong>AC 04 .0103 STRUCTURE<br />

The chief <strong>of</strong>ficer <strong>of</strong> the North Carolina Burial Commission is the<br />

administrator. Within the division there are field auditors and a<br />

clerical staff. The field auditors audit the mutual burial<br />

associations at least once each year and more <strong>of</strong>ten if deemed<br />

necessary by the administrator. If it is necessary that additional<br />

work be done on the books <strong>of</strong> any association, a fee <strong>of</strong> ten<br />

dollars ($10.00) per hour has been approved by the North<br />

Carolina Mutual Burial Association Commission.<br />

Authority G.S. 90-210.80.<br />

SECTION .0300 - LICENSING: SUPERVISION AND<br />

AUDIT OF MUTUAL BURIAL ASSOCIATIONS<br />

04 <strong>NC</strong>AC 04 .0303 MERGER<br />

<strong>24</strong>:<strong>19</strong> NORTH CAROLINA REGISTER APRIL 1, 2010<br />

1695

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