(a)  The LME shall be considered to have a material breach if the LME fails to achieve and maintain for a period of two consecutive months, the required outcome expectations on the designated performance indicator(s) after the six month period occurs as specified in Rule .0605 of this Section.

(b)  Upon identifying the LME as having an uncorrected material breach and within a timeframe not to exceed 30 working days, the Secretary shall arrange for a contract with another LME to implement the function associated with the deficient critical performance indicator as set forth in G.S. 122C-115.4(d)(3). Prior to the removal of the function, the Secretary shall send written notification to the LME stating:

(1)           the LME function that is being removed;

(2)           the date of the removal of the function;

(3)           the entity identified to implement the function being removed;

(4)           the amount of fund reallocation from the deficient LME to the receiving entity; and

(5)           the expectation that the deficient LME shall cooperate with the Secretary and receiving entity as necessary to ensure a smooth, seamless transition of the function.


History Note:        Authority G.S. 122C-115.4(f)(3);

Eff. May 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018.