NC Register Volume 21 Issue 09 - Office of Administrative Hearings

APPROVED RULES
(2) The dispenser is unable to conform to the
submission format required by the database
administrator without incurring undue
financial hardship.
(g) The dispenser shall report the data on the 30 th day of each
month for the first 12 months of the system's operation, and on
the 15 th day and 30 th day of each month thereafter. If the 15 th or
the 30 th day does not fall on a business day the dispenser shall
report the data on the next following business day.
(h) The Department shall provide reports to the Commission
concerning the outcomes of the implementation of the controlled
substances reporting system. The reports shall be made to the
Commission six and 12 months after the reporting system is
implemented.
History Note: Authority G.S. 90-113.70; 90-113.73; 90-
113.76;
Eff. Pending Legislative Review.
10A NCAC 27I .0606 HEARING SCHEDULE AND
COMPOSITION OF THE PANEL
(a) The Director shall convene a five member panel to conduct a
hearing for an appeal that is accepted in accordance with the
requirements of Rule .0605 of this Section.
(b) The panel members shall consist of the following:
(1) a provider agency representative who meets
the following requirements:
(A) the representative shall be from a
provider agency that is not be a party
to the appeal; and
(B) the representative shall have clinical
expertise in the disability area
pertinent to the appeal;
(2) an employee of an area authority or county
program who meets the following
requirements:
(A)
(B)
the employee shall be from an area
authority or county program that is
not a party to the appeal; and
the employee shall have clinical
expertise in the disability area
pertinent to the appeal;
(3) two individuals who are members of a
consumer and family advisory committee who
is not a party to the appeal; and
(4) an employee of the Division.
(c) The employee of the Division shall serve as the chairperson
of the panel and shall be a voting member in the case of a tie.
(d) The Director shall forward the record on appeal and all
supplemental documentation to the chairperson of the panel
within five days of receipt thereof.
(e) The Director shall provide a copy of applicable law and
rules to the chairperson of the panel.
(f) The chairperson shall schedule a panel hearing including
designation of a time and place.
(g) The chairperson shall notify the client, other panel members
and the area authority or county program of the time and place
no less than 15 calendar days prior to the date of the hearing.
History Note: Authority G.S. 143B-147;
Eff. October 1, 2006.
10A NCAC 48A .0102 DEFINITIONS
The following definitions shall apply throughout this
Subchapter:
(1) "Board" is defined in G.S 130A-2(1).
(2) "Institute" means the North Carolina Institute
for Public Health in the UNC School of Public
Health.
History Note: Authority G.S. 130A-34.1;
Temporary Adoption Eff. January 1, 2006;
Eff. October 1, 2006.
10A NCAC 48B .0103 ACCREDITATION
REQUIREMENTS
(a) To receive an accreditation status of "accredited," a local
health department must satisfy all of the accreditation standards
contained in this Subchapter. In order to satisfy the accreditation
standards, the local health department shall satisfy 33 of the 41
benchmarks. Two of the 33 benchmarks may come from any of
the three standards listed below. 31 of the benchmarks shall be
met according to the following proportions:
(1) Standard 1. Agency core functions and
essential services:
(A) The local health department must
satisfy at least six of the benchmarks
contained in Sections .0200 and .0300
of this Subchapter;
(B) The local health department must
satisfy at least five of the benchmarks
contained in Sections .0400 through
.0600 of this Subchapter;
(C) The local health department must
satisfy at least 11 of the benchmarks
contained in Sections .0700 through
.1100 of this Subchapter;
(2) Standard 2. Facilities and administrative
services: The local health department must
satisfy at least three of the benchmarks
contained in Section .1200 of this Subchapter;
and
(3) Standard 3. Board of health: The local health
department must satisfy at least six of the
benchmarks contained in Section .1300 of this
Subchapter.
(b) In order to satisfy a benchmark, the local health department
must carry out all of the activities prescribed for that benchmark.
Failure to complete any activity associated with a benchmark
means that the benchmark is not satisfied.
History Note: Authority G.S. 130A-34.1;
Temporary Adoption Eff. January 1, 2006;
Eff. October 1, 2006.
10A NCAC 48B .0201 BENCHMARK 1
(a) Benchmark: A local health department shall conduct and
disseminate results of regular community health assessments:
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