42156 - Minutes May 2015
RULES REVIEW COMMISSION MEETING MINUTES
May 21, 2015
The Rules Review Commission met on Thursday, May 21, 2015, in the Commission Room at 1711 New Hope Church Road, Raleigh, North Carolina. Commissioners present were: Anna Choi, Margaret Currin, Jeanette Doran, Garth Dunklin, Jeff Hyde, Stephanie Simpson, Ralph Walker, and Faylene Whitaker.
Staff members present were Commission Counsels Abigail Hammond, Amber Cronk May, and Amanda Reeder; and Julie Brincefield, Kelly Bailey, Alex Burgos, and Dana Vojtko.
The meeting was called to order at 10:04 a.m. with Chairman Dunklin presiding.
Chairman Dunklin introduced OAH Extern Phillip Thomas.
Chairman Dunklin read the notice required by G.S. 138A-15(e) and reminded the Commission members that they have a duty to avoid conflicts of interest and the appearances of conflicts.
APPROVAL OF MINUTES
Chairman Dunklin asked for any discussion, comments, or corrections concerning the minutes of the April 16, 2015 meeting. There were none and the minutes were approved as distributed.
FOLLOW UP MATTERS
Child Care Commission
10A NCAC 09 .0302, .0604, .0607, .0707, .1701, .1705, .1720, .1721, .2318, and .2829 - All rewritten rules were unanimously approved.
Acupuncture Licensing Board
21 NCAC 01 .0108, .0109, .0110, .0111, .0601, .0602, .0603, .0604, .0605, .0606, .0607, .0608, and .0609 - All rules were withdrawn at the request of the agency pursuant to 26 NCAC 05 .0107. No action was required by the Commission.
Irrigation Contractors Licensing Board
21 NCAC 23 .0105 - The review of this Rule will occur at the June meeting. No action was required by the Commission.
Board of Physical Therapy Examiners
21 NCAC 48C .0104 - This Rule has been returned at the request of the agency pursuant to 150B-21.12(d). No action was required by the Commission.
Building Code Council
2012 NC Residential Code, Sections R101.2, R202, and R324; 2012 Building Code, Chapter 36; and 2012 Fire Code, 4504.1. - The review of these rules will occur at a later meeting. No action was required by the Commission.
LOG OF FILINGS (PERMANENT RULES)
Social Services Commission
All rules were unanimously approved with the following exceptions:
The Commission objected to Rule 10A NCAC 73A .0107, finding that the language in Paragraph (b) relating to drug testing is unclear and ambiguous. The Rule references a twelve day period that is not set by statute. The remainder of the sentence provides no guidance to the “individual who fail[ed] the drug test” as to what type of documentation is considered or to whom the documentation needs to be
provided for review. Line 8 uses the term “may” to indicate that the allowance of additional time is permissive, but provides no guidance to as to how a determination is reached regarding the allowance of additional time.
The Commission objected to Rule 10A NCAC 73A .0108, finding that the language in Paragraph (c) does not provide reporting requirements and that the terms “successful completion” and “satisfactory participation” are unclear and ambiguous. The second sentence of Paragraph (c) provides no guidance to the qualified professional in substance abuse as to how to timely report completion of or participation in the substance abuse treatment program. There is no guidance as to what qualifies as timely and there is no direction on how to provide the treatment information.
Carlotta Dixon from the agency addressed the Commission.
Sharon D. Moore from the agency addressed the Commission.
Justice Academy
12 NCAC 06A .0603 was unanimously approved.
Environmental Management Commission
All rules were unanimously approved.
Board of Chiropractic Examiners
All rules were unanimously approved.
Board of Dental Examiners
The Commission extended the period of review on all rules. In accordance with G.S. 150B-21.10 and G.S. 150B-21.13, the Commission extended the period of review to allow the Board of Dental Examiners additional time to revise the rules in response to technical change requests.
Board of Dietetics/Nutrition
All rules were unanimously approved.
Board of Refrigeration Examiners
21 NCAC 60 .0102 was unanimously approved.
Prior to the review of the rules from the Board of Refrigeration Examiners, Commissioner Choi recused herself and did not participate in any discussion or vote concerning the rules because her law firm assists the board with rulemaking.
Building Code Council
All rules were unanimously approved.
EXISTING RULES REVIEW
Historical Commission
07 NCAC 04 - The Commission unanimously approved the report as submitted by the agency.
Water Pollution Systems Operators Certification Commission
15A NCAC 08 – The Commission unanimously approved the report as submitted by the agency.
Water Treatment Facility Operators Certification Board
15A NCAC 18D - The Commission unanimously approved the report as submitted by the agency.
Department of Revenue
17 NCAC 03 - The Commission unanimously approved the report as submitted by the agency.
17 NCAC 06 – The Commission unanimously approved the report as submitted by the agency.
Medical Care Commission
10A NCAC 13D – As reflected in the attached letter, the Commission voted for readoption of these rules pursuant to G.S. 150B-21.3A(c)(2) no later than November 30, 2016.
COMMISSION BUSINESS
Staff gave the Commission a brief legislative update.
At 10:46 a.m., Chairman Dunklin ended the public meeting of the Rules Review Commission and called the meeting into closed session pursuant to G.S. 143-318.11(a)(3) to discuss the lawsuit filed by the State Board of Education against the Rules Review Commission.
The Commission came out of closed session and reconvened at 11:54 a.m.
The meeting adjourned at 11:55 a.m.
The next regularly scheduled meeting of the Commission is Tuesday, June 16th at 10:00 a.m.
There is a digital recording of the entire meeting available from the Office of Administrative Hearings /Rules Division.
Respectfully Submitted,
Alexander Burgos, Paralegal
Minutes approved by the Rules Review Commission:
Garth Dunklin, Chair
May 2015
Rules Review Commission
Meeting
Please Print Legibly
| Name | Agency |
|---|---|
| BARRY GUPTON | NCDOI - NCBCC |
| Mark Strickland | NC DOJ - NC Justice Academy |
| Marion Williams | NCDOJ - NC Justice Academy |
| Janice Davidson | NC Dept of Revenue |
| Rhonda R. Smith | NC Dept of Revenue |
| Lenny Marcus | NC Dept of Revenue |
| Greg Rief | NC DOR |
| Charla Burill | NCBDN |
| Ruth Strauss | NC DENR |
| Jay Frick | NC DENR |
| STEVE REID | NC DENR |
| Dedra Alston | NC DHHS |
| Laura Hewitt | DCDEE |
| Kris Horton | DHHS |
| Shawn Maier | NC DOJ |
| Andria Merritt | NC DENR |
| Mekella Anthony | DHHS |
| Johnice Tabron | DHHS - OJS |
| Sharon D Moore | " |
| LINDA RAYNOR | NC DENR |
| Dana Phillip | NC Justice Acad. |
May 2015
Rules Review Commission
Meeting
Please Print Legibly
| Name | Agency |
|---|---|
| Matt Sawchak | Ellis & Winters LLP |
| Frances McDonald | NC Lic Bd for General Contractors |
| Carlotta Dixon | NCDHHS DSS |
| Josh Davis | DCR |
| Kevin Cherry | DCR |
| Kenn Howell | DCR |
STATE OF NORTH CAROLINA
OFFICE OF ADMINISTRATIVE HEARINGS
Mailing address:
6714 Mail Service Center
Raleigh, NC 27699-6714
Street address:
1711 New Hope Church Rd
Raleigh, NC 27609-6285
May 21, 2015
Nadine Pfeiffer, Rulemaking Coordinator
N.C. Medical Care Commission
2701 Mail Service Center
Raleigh, NC 27699-2701
Re: Readoption pursuant to G.S. 150B-21.3A(c)(2)g of 10A NCAC 13D
Dear Ms. Pfeiffer:
Attached to this letter are the rules subject to readoption pursuant to the periodic review and expiration of existing rules as set forth in G.S. 150B-21.3A(c)(2)g. After consultation with your agency, this set of rules was discussed at the February 19, 2015 Rules Review Commission meeting regarding the scheduling of these rules for readoption. Pursuant to G.S. 150B-21.3A(d)(2), the rules identified on the attached printout shall be readopted by the agency no later than November 30, 2016.
If you have any questions regarding the Commission's action, please let me know.
Sincerely,
[[SCAN_REGION_6_700_450_820_800|Signature of Abigail M. Hammond]]Abigail M. Hammond
Commission Counsel
Enclosure
Administration 919/431-3000 fax:919/431-3100 | Rules Division 919/431-3000 fax: 919/431-3104 | Judges and Assistants 919/431-3000 fax: 919/431-3100 | Clerk's Office 919/431-3000 fax: 919/431-3100 | Rules Review Commission 919/431-3000 fax: 919/431-3104 | Civil Rights Division 919/431-3036 fax: 919/431-3103
An Equal Employment Opportunity Employer
5/21/2015
Generated 5/21/2015 at 12:30 PM
RRC Determination - Periodic Rule Review
RRC DETERMINATION
PERIODIC RULE REVIEW
July 01, 2014 through June 30, 2015
Medical Care Commission
Total: 6
| Rule | Determination | APO Review Date |
|---|---|---|
| 10A NCAC 13D .2001 | Necessary with substantive public interest | March 22, 2015 |
| 10A NCAC 13D .2210 | Necessary with substantive public interest | March 22, 2015 |
| 10A NCAC 13D .2303 | Necessary with substantive public interest | March 22, 2015 |
| 10A NCAC 13D .2402 | Necessary with substantive public interest | March 22, 2015 |
| 10A NCAC 13D .2503 | Necessary with substantive public interest | March 22, 2015 |
| 10A NCAC 13D .3201 | Necessary with substantive public interest | March 22, 2015 |