42339 - Forms - December 2015 Roll Up

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: NC Pesticide Board

2. Rule citation & name (name not required for repeal): 02 NCAC 09L .1009 NOTIFICATION OF APIARIES

3. Action: AMENDMENT

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

6. Notice for Proposed Rule: Notice Required. Notice of Text published on: 08/17/15. Link to Agency notice: http://www.ncagr.gov/AdministrativeRules/ProposedRules/index.htm. Adoption by agency on: 11/10/15.

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): No fiscal note required

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: EPA issued a national pollinator protection strategy on May 19, 2015. These changes are necessary to keep NC rules consistent with that federal strategy, as well as with new federal neonicotinoid pesticide labeling requirements for notification of beekeepers prior to pesticide applications to protect pollinators

10. Rule-making Coordinator: Christina L. Waggett
Address: 1001 Mail Service Center
Phone: 919-707-3011
E-Mail: christina.waggett@ncagr.gov & derek.wagner@ncagr.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Christina L. Waggett
Title: Rule-making Coordinator

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: Board of Crop Seed Improvement

2. Rule citation & name (name not required for repeal): 02 NCAC 29B .0103 Appeal Board

3. Action: REPEAL

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

6. Notice for Proposed Rule: Notice Required. Notice of Text published on: 09/1/15. Link to Agency notice: http://www.ncagr.gov/AdministrativeRules/ProposedRules/index.htm. Adoption by agency on: 11/18/15.

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): No fiscal note required

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: The membership of the Board of Crop Seed Improvement is provided in statute (N.C. Gen. Stat. 106-270). It consists of the Commissioner of Agriculture, the Dean of the School of Agriculture, President of the North Carolina Foundation Seed Producers Incorporated, the Director of Research of the School of Agriculture of North Carolina State College of Agriculture and Engineering, the Head of the Seed Testing Division of NCDACS, and the President of the North Carolina Crop Improvement Association. None of the members of the Board of Crop Seed Improvement are attorneys or have expertise in handling legal appeal proceedings. It is felt in the best interest of the Board and all interested parties that any appeal from the Commissioner's decision be through the regular appeal process.

10. Rule-making Coordinator: Christina L. Waggett
Address: 1001 Mail Service Center
Phone: 919-707-3011
E-Mail: christina.waggett@ncagr.gov & derek.wagner@ncagr.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Christina L. Waggett
Title: Rule-making Coordinator

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: NC Board of Agriculture

2. Rule citation & name (name not required for repeal): 02 NCAC 48C .0113 RECORDING FLUE-CURED VARIETIES

3. Action: AMENDMENT

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): No fiscal note required

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: Currently, this rule provides for an appeal to the Board of Crop Seed Improvement if the Commissioner refuses to accept for recording any flue-cured variety of tobacco. The Department of Agriculture is seeking to remove this provision from this rule and instead let any appeal from the Commissioner's decision handled under the normal appeal process from a final agency decision. None of the members of the Board of Crop Seed Improvement are attorneys or have expertise in handling legal appeal proceedings. It is felt in the best interest of the Board and all interested parties that any appeal from the Commissioner's decision be through the regular appeal process.

10. Rule-making Coordinator: Christina L. Waggett
Address: 1001 Mail Service Center
Phone: 919-707-3011
E-Mail: christina.waggett@ncagr.gov & derek.wagner@ncagr.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Christina L. Waggett
Title: Rule-making Coordinator

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: NC Board of Agriculture

2. Rule citation & name (name not required for repeal): 02 NCAC 48C .0115 RECORDING BLENDS

3. Action: AMENDMENT

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): No fiscal note required

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: Currently, this rule provides for an appeal to the Board of Crop Seed Improvement if the Commissioner refuses to accept for recording any blend. The Department of Agriculture is seeking to remove this provision from this rule and instead let any appeal from the Commissioner's decision be handled under the normal appeal process from a final agency decision. None of the members of the Board of Crop Seed Improvement are attorneys or have expertise in handling legal appeal proceedings. It is felt in the best interest of the Board and all interested parties that any appeal from the Commissioner's decision be through the regular appeal process.

10. Rule-making Coordinator: Christina L. Waggett
Address: 1001 Mail Service Center
Phone: 919-707-3011
E-Mail: christina.waggett@ncagr.gov & derek.wagner@ncagr.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Christina L. Waggett
Title: Rule-making Coordinator

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: NC Board of Agriculture

2. Rule citation & name (name not required for repeal): 02 NCAC 52C .0701 Intrastate Requirements: Cervidae

3. Action: AMENDMENT

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

6. Notice for Proposed Rule: Notice Required. Notice of Text published on: 04/1/15. Link to Agency notice: http://www.ncagr.gov/AdministrativeRules/ProposedRules/index.htm. Adoption by agency on: 11/03/15.

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): No fiscal note required

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: Currently, all cervidae, susceptible to CWD, that die in NC Captive Cervid facilities at six months of age, or older, must be tested for CWD. In 2014, the General Assembly passed legislation requiring Wildlife Resources Commission to adopt by reference the US Dept. of Agriculture Chronic Wasting Disease Program Standards, May 2014 edition and any subsequent Program Standards. Therefore, to comply with USDA Program Standards, NCDA&CS must amend its CWD standards to require that all cervidae, susceptible to CWD, that die in NC Captive Cervid facilities at 12 months of age, or older, must be tested for CWD.

10. Rule-making Coordinator: Christina L. Waggett
Address: 1001 Mail Service Center
Phone: 919-707-3011
E-Mail: christina.waggett@ncagr.gov & derek.wagner@ncagr.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Christina L. Waggett
Title: Rule-making Coordinator

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: North Carolina Industrial Commission

2. Rule citation & name (name not required for repeal): 04 NCAC 10A .0101, LOCATION OF MAIN OFFICE AND HOURS OF BUSINESS

3. Action: AMENDMENT

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

6. Notice for Proposed Rule: Notice Required. Notice of Text published on: September 15, 2015. Link to Agency notice: http://www.ic.nc.gov/proposedNCICEfilingRules.html. Adoption by Agency on: November 17, 2015.

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): State funds affected, Local funds affected, Substantial economic impact (≥$1,000,000)

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: The Industrial Commission is in the process of establishing five regional offices. This rule is being amended to indicate that the Raleigh office is the main office. The Industrial Commission does not plan to make the addresses of the regional offices public for security reasons.

10. Rule-making Coordinator: Meredith Henderson
Address: 4333 Mail Service Center, Raleigh, NC 27699
Phone: 919-807-2575
E-Mail: meredith.henderson@ic.nc.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Andrew T. Heath
Title: Chairman

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: North Carolina Industrial Commission

2. Rule citation & name (name not required for repeal): 04 NCAC 10A .0108, ELECTRONIC FILINGS WITH THE COMMISSION; HOW TO FILE

3. Action: ADOPTION

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): State funds affected, Local funds affected, Substantial economic impact (≥$1,000,000)

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: The Industrial Commission has adopted a comprehensive electronic filing rule, 04 NCAC 10A .0108, for two primary reasons. First, the rule will assist the Industrial Commission's regulated public by centralizing all information regarding how to file documents in one rule. Second, the rule will mandate electronic filing, with exceptions for filers without electronic filing capabilities, and prohibit duplicate filings, both of which will significantly improve the accuracy and efficiency of document intake and processing by the Industrial Commission.

10. Rule-making Coordinator: Meredith Henderson
Address: 4333 Mail Service Center, Raleigh, NC 27699
Phone: 919-807-2575
E-Mail: meredith.henderson@ic.nc.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Andrew T. Heath
Title: Chairman

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: North Carolina Industrial Commission

2. Rule citation & name (name not required for repeal): 04 NCAC 10A .0404, TERMINATION AND SUSPENSION OF COMPENSATION

3. Action: AMENDMENT

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): State funds affected, Local funds affected, Substantial economic impact (≥$1,000,000)

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: Certain amendments adopted for Rule 04 NCAC 10A .0404 modify this rule to make it consistent with the new adopted 04 NCAC 10A .0108. There are a few other amendments that do not specifically relate to 04 NCAC 10A .0108, but also are intended to improve efficiency. There are two proposed changes to Rule 04 NCAC 10A .0404 related to service of the Form 24 Application and the Form 24 Application decision that are intended to make the process more efficient and to save the State and the regulated public money. There are also minor rule citation corrections adopted for Rule 04 NCAC 10A .0404.

10. Rule-making Coordinator: Meredith Henderson
Address: 4333 Mail Service Center, Raleigh, NC 27699
Phone: 919-807-2575
E-Mail: meredith.henderson@ic.nc.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Andrew T. Heath
Title: Chairman

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: North Carolina Industrial Commission

2. Rule citation & name (name not required for repeal): 04 NCAC 10A .0405, REINSTATEMENT OF COMPENSATION

3. Action: AMENDMENT

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): State funds affected, Local funds affected, Substantial economic impact (≥$1,000,000)

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: Certain amendments adopted for Rule 04 NCAC 10A .0405 modify this rule to make it consistent with the new adopted 04 NCAC 10A .0108. There are also minor rule citation corrections adopted for Rule 04 NCAC 10A .0405.

10. Rule-making Coordinator: Meredith Henderson
Address: 4333 Mail Service Center, Raleigh, NC 27699
Phone: 919-807-2575
E-Mail: meredith.henderson@ic.nc.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Andrew T. Heath
Title: Chairman

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: North Carolina Industrial Commission

2. Rule citation & name (name not required for repeal): 04 NCAC 10A .0502, COMPROMISE SETTLEMENT AGREEMENTS

3. Action: AMENDMENT

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): State funds affected, Local funds affected, Substantial economic impact (≥$1,000,000)

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: One amendment adopted for Rule 04 NCAC 10A .0502 modifies this rule to make it consistent with the new adopted 04 NCAC 10A .0108. The other amendment is a minor rule citation correction.

10. Rule-making Coordinator: Meredith Henderson
Address: 4333 Mail Service Center, Raleigh, NC 27699
Phone: 919-807-2575
E-Mail: meredith.henderson@ic.nc.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Andrew T. Heath
Title: Chairman

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: North Carolina Industrial Commission

2. Rule citation & name (name not required for repeal): 04 NCAC 10A .0609, MOTIONS PRACTICE IN CONTESTED CASES

3. Action: AMENDMENT

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): State funds affected, Local funds affected, Substantial economic impact (≥$1,000,000)

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: Most of the amendments adopted for Rules 04 NCAC 10A .0609 modify this rule to make it consistent with the new adopted 04 NCAC 10A .0108. There are two other amendments that do not specifically relate to Rule 04 NCAC 10A .0108, but also are intended to improve efficiency. There is an amendment to Rule 04 NCAC 10A .0609 to regulate the format of motions and responses so that they all contain certain necessary information and are not filed within the text of e-mails or at the end of briefs. There is also an amendment to require that proposed Orders be submitted in Microsoft Word format to allow Industrial Commission staff to edit the Orders as needed prior to filing them.

10. Rule-making Coordinator: Meredith Henderson
Address: 4333 Mail Service Center, Raleigh, NC 27699
Phone: 919-807-2575
E-Mail: meredith.henderson@ic.nc.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Andrew T. Heath
Title: Chairman

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: North Carolina Industrial Commission

2. Rule citation & name (name not required for repeal): 04 NCAC 10A .0609A, MEDICAL MOTIONS AND EMERGENCY MEDICAL MOTIONS

3. Action: AMENDMENT

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): State funds affected, Local funds affected, Substantial economic impact (≥$1,000,000)

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: Most of the amendments adopted for Rules 04 NCAC 10A .0609A modify this rule to make it consistent with the new adopted 04 NCAC 10A .0108. Other amendments that do not specifically relate to Rule 04 NCAC 10A .0108 are intended to improve efficiency. There is an amendment to Rule 04 NCAC 10A .0609A to require that proposed Orders be submitted in Microsoft Word format to allow Industrial Commission staff to edit the Orders as needed prior to filing them. There is also an amendment adding a reference to another rule (04 NCAC 10A .0612) for clarification purposes.

10. Rule-making Coordinator: Meredith Henderson
Address: 4333 Mail Service Center, Raleigh, NC 27699
Phone: 919-807-2575
E-Mail: meredith.henderson@ic.nc.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Andrew T. Heath
Title: Chairman

SUBMISSION FOR PERMANENT RULE

1. Rule-Making Agency: North Carolina Industrial Commission

2. Rule citation & name (name not required for repeal): 04 NCAC 10A .0610, PRE-TRIAL AGREEMENT

3. Action: AMENDMENT

4. Rule exempt from RRC review? No

5. Rule automatically subject to legislative review? No

7. Rule establishes or increases a fee? (See G.S. 12-3.1) No

8. Fiscal impact (check all that apply): State funds affected, Local funds affected, Substantial economic impact (≥$1,000,000)

9. REASON FOR ACTION

9A. What prompted this action? Check all that apply: Agency

9B. Explain: The amendments adopted for Rules 04 NCAC 10A .0610 modify this rule to make it consistent with the new adopted 04 NCAC 10A .0108.

10. Rule-making Coordinator: Meredith Henderson
Address: 4333 Mail Service Center, Raleigh, NC 27699
Phone: 919-807-2575
E-Mail: meredith.henderson@ic.nc.gov

11. Signature of Agency Head* or Rule-making Coordinator:
Typed Name: Andrew T. Heath
Title: Chairman