10A NCAC 14J .1751       REPORT OF INSPECTION

(a)  The procedures contained in G.S. 153A‑222 shall govern all inspections except those that find noncompliance with one or more of the provisions listed in Paragraph (b) of this Rule.

(b)  The inspector shall forward a copy of the inspection report to the Secretary within ten days after the inspection if there are findings of noncompliance with any of the following standards contained in 10A NCAC 14J or the following statutes:

(1)           Classification; Rules .1707‑.1709;

(2)           Fire Safety; Rules .1711‑.1715;

(3)           Supervision; Rule .1717;

(4)           Sanitation and Personal Hygiene; Rules .1718‑.1719;

(5)           Food; Rules .1720‑.1724;

(6)           Medical Care of Inmates; Rules .1725‑.1726;

(7)           G.S. 153A‑224, Supervision of Lockups; or

(8)           G.S. 153A‑226(b), Disapproval for Public Health Purposes.

(c)  The inspector at the same time shall submit to the Secretary a written description of the conditions that caused noncompliance and a preliminary determination of whether those conditions jeopardize the safe custody, safety, health or welfare of the inmates confined in the municipal lockup.

(d)  The inspection report shall be submitted to the local officials responsible for the municipal lockup within 30 days after the inspection as required by G.S. 153A‑222, and it shall include a notice that the facility was not in compliance with one or more of the provisions listed in Paragraph (b) of this Rule.  The notice shall state that the report has been submitted to the Secretary on a designated date for a final determination of whether conditions at the municipal lockup jeopardize the safe custody, safety, health or welfare of its inmates.  The notice shall state that local officials will be mailed a final determination within 45 days of the designated date.

History Note:        Authority G.S. 153A‑220; 153A‑221;

Eff. June 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.