NC Register Volume 21 Issue 09 - Office of Administrative Hearings

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RULES REVIEW COMMISSION This Section contains information for the meeting of the Rules Review Commission on Thursday October 19, 2006, 10:00 a.m. at 1307 Glenwood Avenue, Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners. Specific instructions and addresses may be obtained from the Rules Review Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at least 24 hours prior to the meeting. RULES REVIEW COMMISSION MEMBERS Appointed by Senate Jim R. Funderburke - 1st Vice Chair David Twiddy - 2nd Vice Chair Thomas Hilliard, III Robert Saunders Jeffrey P. Gray Appointed by House Jennie J. Hayman - Chairman John B. Lewis Mary Beach Shuping Judson A. Welborn John Tart RULES REVIEW COMMISSION MEETING DATES November 16, 2006 December 14, 2006 January 18, 2007 February 15, 2007 RULES REVIEW COMMISSION OCTOBER 19, 2006 MINUTES The Rules Review Commission met on Thursday, October 19, 2006, in the Cabinet Room of the Methodist Building, 1307 Glenwood Avenue, Raleigh, North Carolina. Commissioners present were: Jeff Gray, Jennie Hayman, Thomas Hilliard, John Lewis, Robert Saunders, Mary Shuping, John Tart, and David Twiddy. Staff members present were: Joseph DeLuca, Staff Counsel; Bobby Bryan, Rules Review Specialist; Lisa Johnson and Barbara Townsend, Administrative Assistants. The following people attended: Torrey McLean Steven Sherman Dave Andres Sue Grayson Ben F. Massey Jr. John Hoomani Erin Gould Nadine Pfeiffer Craig Smith Barry Gupton Dedra Alston Loni Pugh Julie Edwards Dana Sholes Molly Masich Felicia Williams Glenda Artis Ed Mussler John Silverstein Robert Privott Lisa Martin Lancie Bailey Julian Mann DHHS DHHS DENR/Forest Resources DENR NC Board of Physical Therapy Examiners Department of Labor Department of Labor Division of Facility Services Division of Facility Services/CON Building Code Council Division of Child Development Division of Child Development OAH OAH OAH OAH DHHS DENR/Waste Management Physical Therapy Examiners Home Builders Association Home Builders Association Water Treatment Fac. Operators Cert. Board OAH 21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006 835
RULES REVIEW COMMISSION APPROVAL OF MINUTES The meeting was called to order at 10:10 a.m. with Chairman Hayman presiding. Chairman Hayman asked for any discussion, comments, or corrections concerning the minutes of the September 21, 2006 meetings. The minutes were approved as written. FOLLOW-UP MATTERS 10A NCAC 13J .0903 & .1110: Medical Care Commission – The Commission approved the rewritten rules submitted by the agency. 15A NCAC 13B .0533, .0534, & .0536: Commission for Health Services – The Commission approved the rewritten rules submitted by the agency. 21 NCAC 14J .0502: Cosmetic Art Examiners - The Commission did not receive any response from the agency therefore no action was taken. 23 NCAC 3A .0113: Board of Community Colleges - The Commission did not receive any response from the agency therefore no action was taken. 25 NCAC 01I .2404: State Personnel Commission – The Commission approved this rule after receiving an explanation for “substantial equivalency” from Drake Maynard. LOG OF FILINGS Chairman Hayman presided over the review of the log of permanent rules. All rules were approved unanimously with the following exceptions: Fire Code 903.2.7 Item B-3: Building Code Council – The Commission approved this rule; however, at least 10 letters were received requesting legislative review. Commissioner Gray did not vote nor participate in any discussion concerning the Private Protective Services Board rule. 12 NCAC 11 .0201: Alarm Systems Licensing Board – The Commission objected to the rule due to ambiguity. In (b), it is not clear what other proof is acceptable evidence of high school graduation. The objection applies to existing language in the rule. 21 NCAC 48G .0601: Physical Therapy Examiners - The Commission objected to the rule due to ambiguity. In (a)(18), page 2 lines 1 and 2, the rule forbids licensees from “engaging in any activities, advances, or comments of a sexual nature” with “any person with whom the licensee interacts in practicing physical therapy.” It is unclear what persons the licensee is forbidden to engage in those activities with. It is also unclear what constitutes interaction within the meaning of this rule. It is unclear whether “interacts” means playing a direct role with the licensee in the providing of physical therapy or whether the person plays any role at all but in some other undetermined way “interacts” with the licensee. TEMPORARY RULES Chairman Hayman presided over the review of the log of temporary rules. All rules were approved unanimously. COMMISSION PROCEDURES AND OTHER BUSINESS Mr. DeLuca and Mr. Bryan updated the Commission on the status of the Pharmacy Board lawsuit and the arguments before the N.C. Supreme Court the previous day. The meeting adjourned at 11:39 a.m. The next scheduled meeting of the Commission is Thursday, November 16, 2006 at 10:00 a.m. Respectfully submitted, Lisa Johnson 21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006 836
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EXECUTIVE ORDERS EXECUTIVE ORDER NO
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IN ADDITION Note from the Codifier:
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PROPOSED RULES (c) The individual o
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PROPOSED RULES Subchapter through w
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PROPOSED RULES consider the issuanc
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NC Register Volume 21 Issue 09 - Office of Administrative Hearings

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