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NC Register Volume 21 Issue 09 - Office of Administrative Hearings

NC Register Volume 21 Issue 09 - Office of Administrative Hearings

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PROPOSED RULES<br />

located, or when the county or area has only one environmental<br />

health specialist assigned to inspect resident camps, the regional<br />

environmental health specialist assigned to that county or area<br />

shall conduct the local informal review. As soon as possible but<br />

at least within 30 days <strong>of</strong> receipt <strong>of</strong> the request, the person<br />

conducting the review shall contact the permit holder, provide<br />

that permit holder an opportunity to be heard on the issues in<br />

dispute and issue a written decision addressing the issues raised<br />

in the appeal. Copies <strong>of</strong> the decision shall be mailed to the<br />

permit holder and to the State Health Director. That decision<br />

shall be binding for the purposes <strong>of</strong> future inspections <strong>of</strong> the<br />

resident camp in question unless modified pursuant to Paragraph<br />

(e) <strong>of</strong> this Rule or by the State Health Director.<br />

(d) Following receipt <strong>of</strong> the written decision <strong>of</strong> the<br />

environmental health supervisor or his or her representative<br />

issued pursuant to Paragraph (d) <strong>of</strong> this Rule, the permit holder<br />

who initiated the informal review may appeal the resulting<br />

decision to an Informal Review <strong>Office</strong>r designated by the<br />

Department to be responsible for final decisions on appeals from<br />

throughout the State. Notice <strong>of</strong> such appeal shall be in writing,<br />

shall include a copy <strong>of</strong> the environmental health supervisor's or<br />

her or his representative's decision and shall be postmarked or<br />

hand-delivered to the local health department and to the<br />

Department within seven days <strong>of</strong> receipt <strong>of</strong> the written decision<br />

issued pursuant to Paragraph (a) <strong>of</strong> this Rule. Within 35 days <strong>of</strong><br />

receipt <strong>of</strong> this appeal, the designated informal review <strong>of</strong>ficer<br />

shall hold a conference in Wake County. Notice <strong>of</strong> the time and<br />

place <strong>of</strong> this conference shall be provided to the permit holder<br />

and the environmental health supervisor for the county or area<br />

where the issue arose. Within ten days following the date <strong>of</strong> the<br />

conference, the informal review <strong>of</strong>ficer shall issue a written<br />

decision addressing the issues raised in the appeal and that<br />

decision shall be binding for purposes <strong>of</strong> future inspections <strong>of</strong><br />

the resident camp in question unless modified pursuant to<br />

Paragraph (g) <strong>of</strong> this Rule or by the State Health Director.<br />

(e) If the decision on appeal at the local or state level results in a<br />

change in the score resulting from an inspection <strong>of</strong> a resident<br />

camp, the environmental health specialist shall post a new grade<br />

card reflecting that new score.<br />

(f) Appeals <strong>of</strong> the decision <strong>of</strong> the designated informal review<br />

<strong>of</strong>ficer shall be in accordance with G.S. 150B.<br />

(g) Nothing in this Rule shall impact the right <strong>of</strong> a permit holder<br />

to a reinspection pursuant to Rule .3605 <strong>of</strong> this Section.<br />

Authority G.S. 130A-235; 130A-248.<br />

TITLE <strong>21</strong> – OCCUPATIONAL LICENSING BOARDS AND<br />

COMMISSIONS<br />

CHAPTER 25 – INTERPRETER AND TRANSLITERATOR<br />

BOARD<br />

Notice is hereby given in accordance with G.S. 150B-<strong>21</strong>.2 that<br />

the North Carolina Interpreter and Transliterator Licensing<br />

Board intends to adopt the rules cited as <strong>21</strong> <strong>NC</strong>AC 25 .0<strong>21</strong>0,<br />

.0502 - .0506, .0701 - .0703 and amend the rules cited as <strong>21</strong><br />

<strong>NC</strong>AC 25 .0205, .02<strong>09</strong>, .0501.<br />

Proposed Effective Date: March 1, 2007<br />

Public Hearing:<br />

Date: December 8, 2006<br />

Time: 5:00 p.m.<br />

Location: Council Building, Room 201, Dix Campus, 701<br />

Barbour Drive, Raleigh, <strong>NC</strong><br />

Reason for Proposed Action:<br />

<strong>21</strong> <strong>NC</strong>AC 25 .0<strong>21</strong>0, .0701- .0703 – These rules were drafted to<br />

implement changes made to the licensing law by <strong>NC</strong> Session<br />

Law 2005-299.<br />

<strong>21</strong> <strong>NC</strong>AC 25 .0205, .02<strong>09</strong>, .0501, .0504 - .0505 - These rules<br />

were drafted in response to issues that have arisen since the<br />

Board first began to issue licenses in the summer <strong>of</strong> 2005.<br />

<strong>21</strong> <strong>NC</strong>AC 25 .0502 – prorates the continuing education<br />

requirements applicable to new licensees.<br />

<strong>21</strong> <strong>NC</strong>AC 25 .0503 – provides, among other things, for a onemonth<br />

grace period for licensees who have not met the<br />

continuing education requirements in Rules .0501 and .0502.<br />

<strong>21</strong> <strong>NC</strong>AC 25 .0506 – permits licensees to receive continuing<br />

education credits for continuing education courses approved by<br />

other statutory licensing boards.<br />

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

proposed rule: A person may object to any one or more <strong>of</strong> the<br />

proposed rules by mailing his or her written objection to the <strong>NC</strong><br />

Interpreter and Transliterator Licensing Board at PO Box 1632,<br />

Garner, <strong>NC</strong> 27529.<br />

Comments may be submitted to: <strong>NC</strong> Interpreter and<br />

Transliterator Licensing Board, Attn. Laurie Shaw, Executive<br />

Secretary, PO Box 1632, Garner, <strong>NC</strong> 27529, phone (919) 779-<br />

57<strong>09</strong>, fax (919) 779-5642, email contact@ncitlb.org<br />

Comment period ends: January 2, 2007<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. If the Rules Review Commission<br />

receives written and signed objections in accordance with G.S.<br />

150B-<strong>21</strong>.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-<strong>21</strong>.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 919-733-27<strong>21</strong>.<br />

Fiscal Impact:<br />

State<br />

Local<br />

Substantive (>$3,000,000)<br />

None<br />

<strong>21</strong>:<strong>09</strong> NORTH CAROLINA REGISTER NOVEMBER 1, 2006<br />

799

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