CHAPTER 68 ‑ SOCIAL SERVICES: RULEMAKING

 

SECTION .0100 rulemaking: social Services COMMISSION

 

10A NCAC 68 .0101 PETITIONS

(a) Any person wishing to request the adoption, amendment, or repeal of a rule of the Social Services Commission (hereinafter referred to as the commission) shall make his request in a petition addressed to:

Special Assistant to the Director

Division of Social Services

Department of Health and Human Services

325 North Salisbury Street

2401 Mail Service Center

Raleigh, North Carolina 27699-2401

(b) The petition shall contain the following information:

(1) either a draft of the proposed rule or a summary of its contents;

(2) the statutory authority for the agency to promulgate the rule;

(3) the reasons for the proposal;

(4) the effect of existing rules or orders;

(5) any data supporting the proposal;

(6) the effect of the proposed rule on existing practices in the area involved, including cost factors;

(7) the names and addresses, if known, of those most likely to be affected by the proposed rule; and

(8) the name and address of the petitioner.

(c) The commission or its designee shall determine, based on a study of the facts stated in the petition, whether the public interest will be served by granting the petition. The commission or its designee shall consider all the contents of the submitted petition, plus any additional information it deems relevant.

(d) Within 30 days of submission of the petition, the commission or its designee shall render a decision to deny the petition or to initiate rulemaking proceedings. If the decision is to deny the petition, the commission or its designee shall notify the petitioner in writing, stating the reasons for the denial. If the decision is to approve the petition, the commission or its designee shall initiate a rulemaking proceeding by issuing a rulemaking notice, as provided in these rules.

 

History Note: Authority G.S. 143B‑153; 150B‑16;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

10A NCAC 68 .0102 NOTICE

(a) Any person or agency desiring to be placed on the mailing list for commission rulemaking notices must file a request in writing, furnishing its name and mailing address, with:

Special Assistant to the Director

Division of Social Services

Department of Health and Human Services

2401 Mail Service Center

Raleigh, North Carolina 27699-2401

Persons or agencies on this mailing list will be billed twelve dollars ($12.00) annually. Names will be deleted from the mailing list if payment is not received by June 30 each year. Any person who wishes to receive copies of the agendas only may do so by contacting the Special Assistant to the Director at the address in this Paragraph. No fee will be charged for the agenda only.

(b) Any person desiring information in addition to that provided in a particular rulemaking notice may contact:

Special Assistant to the Director

Division of Social Services

Department of Health and Human Services

2401 Mail Service Center

Raleigh, North Carolina 27699-2401

 

History Note: Authority G.S. 143B‑153; 150B‑19; 150B-21.2;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977;

Amended Eff. August 3, 1992; March 1, 1990.

 

10A NCAC 68 .0103 HEARING OFFICER

The commission, one or more members of the commission, or one or more hearing officers designated and authorized by the commission shall be hearing officers in a rulemaking hearing.

 

History Note: Authority G.S. 143B‑153; 150B‑12;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

 

10A NCAC 68 .0104 HEARINGS

(a) Any person desiring to present data, views, or arguments orally on the proposed rule may file a request with:

Special Assistant to the Director

Division of Social Services

Department of Health and Human Resources

2401 Mail Service Center

Raleigh, North Carolina 27699-2401

Any person desiring to make an oral presentation may submit a written copy of the presentation to the Special Assistant prior to the hearing, or at the hearing.

(b) A request to make an oral presentation may contain a brief summary of the requesting person's views with respect to the subject matter, and a statement of the length of time the person intends to speak.

(c) The Special Assistant shall promptly acknowledge receipt of a request to make an oral presentation and shall inform the requesting person of any limitations deemed necessary to the end of a full and effective public hearing on the proposed rule.

(d) Any person may file a written submission containing data, comments, or arguments after publication of a rulemaking notice up to and including the day of the hearing, unless a longer period is stated in the particular notice or an extension of time is granted for good cause. A submission must clearly state the rule or proposed rule to which the comments are addressed and must also include the name and address of the person submitting it. Written submissions must be sent to:

Special Assistant to the Director

Division of Social Services

Department of Health and Human Services

Raleigh, North Carolina 27699-2401

The Special Assistant will promptly acknowledge receipt of all written submissions.

(e) The presiding officer at the hearing shall have complete control over the proceedings, including:

(1) the responsibility of having a record made of the proceedings,

(2) extension of any time allotments,

(3) recognition of speakers,

(4) prevention of repetitious presentations, and

(5) general management of the hearing.

The presiding hearing officer shall assure that each person at the hearing is given a fair opportunity to present views, data, and comments.

 

History Note: Authority G.S. 143B‑153; 150B‑12;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

 

10A NCAC 68 .0105 STATEMENT OF REASONS FOR AND AGAINST RULEMAKING DECISION

(a) Any interested person who desires from the commission a concise written statement of the principal reasons for and against the decision by the commission to adopt or reject a rule may, either prior to the decision or within 30 days thereafter, submit a request to:

Special Assistant to the Director

Division of Social Services

Department of Health and Human Services

325 North Salisbury Street

2401 Mail Service Center

Raleigh, North Carolina 27699-2401

(b) An "interested person" shall be defined as any person, as defined in G.S. 150B‑2(7), whose rights, duties, or privileges might be affected by the adoption of the rule.

(c) The request must be made in writing, must contain a statement showing that the requesting person is an interested person, and must identify the rule or proposed rule involved.

(d) The commission shall issue the statement of reasons for and against its decision within 45 days after receipt of the request.

 

History Note: Authority G.S. 143B‑153; 150B‑12;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

 

10A NCAC 68 .0106 RECORD OF RULEMAKING PROCEEDINGS

A record of all rulemaking proceedings, including any petitions shall be maintained by the Special Assistant to the Director, Division of Social Services and shall be available for public inspection during regular office hours. This record shall include:

(1) the original petition,

(2) the notice,

(3) all written memoranda and information submitted,

(4) any recording or transcript of the oral hearing, and

(5) a final draft of the rule.

 

History Note: Authority G.S. 143B‑153; 150B‑11;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

 

10a NCAC 68 .0107 FEES

A fee of ten cents ($0.10) per page shall be charged by the Special Assistant to persons requesting material from commission records.

 

History Note: Authority G.S. 143B‑153; 150B‑11;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

 

10A NCAC 68 .0108 DECLARATORY RULINGS

(a) The director of the division shall have the power to make a declaratory ruling on the validity of a rule adopted by the director, or on the applicability of a rule or statute adopted by either the director or the commission. The commission shall have the power to make a declaratory ruling on the validity of a rule adopted by the commission.

(b) All requests for declaratory rulings shall be by written petition and shall be submitted to:

Special Assistant to the Director

Division of Social Services

Department of Health and Human Services

325 North Salisbury Street

2401 Mail Service Center

Raleigh, North Carolina 27699-2401

(c) Every request for a declaratory ruling must include the following information:

(1) the name and address of the petitioner,

(2) the statute or rule to which the petition relates,

(3) a concise statement of the manner in which the petitioner is aggrieved by the rule or statute or its potential application to him, and

(4) the consequences of a failure to issue a declaratory ruling.

(d) Whenever the person or group with the power to make a declaratory ruling believes for a good reason that the issuance of a declaratory ruling would be undesirable, that person or group may refuse to issue one. Such refusal shall be followed, within 60 days of the receipt of the petition, by the issuance of written notification to the petitioner and to the hearing office. The notice shall state the decision and the reasons therefore.

(e) The person or group with the power to make a declaratory ruling may refuse to consider the validity of a rule and issue a declaratory ruling.

(1) unless the petitioner shows that the circumstances are so changed since adoption of the rule that such a ruling would be warranted;

(2) unless the rulemaking record evidences a failure by the agency to consider specified relevant factors;

(3) if there has been a similar controlling factual determination in a contested case, or if the factual context being raised for a declaratory ruling was specifically considered upon adoption of the rule being questioned as evidenced by the rulemaking record; or

(4) if circumstances stated in the request or otherwise known to the agency show that a contested case hearing would presently be appropriate.

(f) Where the person or group with the power to make a declaratory ruling does not deem undesirable the issuance of such a ruling, the declaratory ruling shall be issued within 60 days after receipt of the petition.

(g) A declaratory ruling procedure may consist of written submissions, oral hearings, or such other procedure as may be deemed appropriate, in the discretion of the person or group that is to issue the ruling.

(h) The person or group that is to issue a declaratory ruling may issue notice to persons who might be affected by the ruling that written comments may be submitted or oral presentations received at a scheduled hearing.

(i) A record of all declaratory ruling proceedings shall be maintained by the Special Assistant and shall be available for public inspection during regular business hours. This record shall contain:

(1) the original request,

(2) the reasons for refusing to issue a ruling,

(3) all written memoranda and information submitted,

(4) any recording or transcript of any oral hearing, and

(5) a statement of the ruling.

 

History Note: Authority G.S. 143B‑153; 150B‑17;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

 

SECTION .0200 - RULEMAKING: DIVISION DIRECTOR

 

10A NCAC 68 .0201 PETITIONS

 

History Note: Authority G.S. 143B-10; 150B-16;

Eff. July 1, 1977;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990;

Repealed Eff. July 1, 2012.

 

10A NCAC 68 .0202 NOTICE

(a) Upon a determination to hold a rulemaking proceeding, either in response to a petition or otherwise, the director or his designee shall give 30 days notice to all interested parties of a public hearing on the proposed rule.

(b) Any person or agency desiring to be placed on the mailing list for the director's rulemaking notices may file a request in writing, furnishing a name and mailing address, with:

Director

Division of Social Services

Department of Health and Human Services

325 North Salisbury Street

2401 Mail Service Center

Raleigh, North Carolina 27699-2401

The request must state the subject areas within the authority of the director for which notice is requested.

(c) The director or his designee shall review its mailing list periodically and may write to any person on the list to inquire whether that person wishes to remain on the list. If no response is received, that person may be removed from the list.

(d) If practicable and appropriate, public notice of rulemaking proceedings shall be sent to community, special interest, government, trade, or professional organizations for publication.

(e) Any person desiring information in addition to that provided in a particular rulemaking notice may contact:

Director

Division of Social Services

Department of Health and Human Services

325 North Salisbury Street

2401 Mail Service Center

Raleigh, North Carolina 27699-2401

 

History Note: Authority G.S. 143B‑10; 150B‑12;

Eff. July 1, 1977;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

 

10A NCAC 68 .0203 HEARING OFFICER

The director or one or more hearing officers designated by the director shall be hearing officers in a rulemaking hearing.

 

History Note: Authority G.S. 143B‑10; 150B‑12;

Eff. July 1, 1977;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

 

10A NCAC 68 .0204 HEARINGS

(a) Any person desiring to make an oral presentation may submit a written copy of the presentation to the director prior to the hearing or at the hearing.

(b) Any person may file a written submission containing data, comments, or arguments after publication of a rulemaking notice up to and including the day of the hearing, unless a longer period is stated in the particular notice or an extension of time is granted for good cause. A submission must clearly state the rule or proposed rule to which the comments are addressed and must also include the name and address of the person submitting it. Written submissions must be sent to:

Director

Division of Social Services

Department of Health and Human Services

325 North Salisbury Street

2401 Mail Service Center

Raleigh, North Carolina 27699-2401

The director will promptly acknowledge receipt of all written submissions.

(c) The presiding officer at the hearing shall have complete control over the proceedings, including:

(1) the responsibility of having a record made of the proceedings,

(2) extension of any time allotments,

(3) recognition of speakers,

(4) prevention of repetitious presentations, and

(5) general management of the hearing.

The presiding hearing officer shall assure that each person at the hearing is given a fair opportunity to present views, data, and comments.

 

History Note: Authority G.S. 143B‑10; 150B‑12;

Eff. July 1, 1977;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

 

10A NCAC 68 .0205 JUSTIFICATION OF RULEMAKING DECISION

(a) Any interested person who desires from the director a concise written statement of the principal reasons for and against the decision by the director to adopt or reject a rule may, either prior to the decision or within 30 days thereafter, submit a request to:

Hearing Office

Department of Health and Human Services

325 North Salisbury Street

2401 Mail Service Center

Raleigh, North Carolina 27699-2401

(b) An "interested person" shall be defined as any person, as defined in G.S. 150B‑2(7), whose rights, duties, or privileges might be affected by the adoption of the rule.

(c) The request must be made in writing, must contain a statement showing that the requesting person is an interested person, and must identify the rule or proposed rule involved.

(d) The director shall issue the statement of reasons for and against its decision within 45 days after receipt of the request.

 

History Note: Authority G.S. 143B‑10; 150B‑12(e);

Eff. July 1, 1977;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

 

10A NCAC 68 .0206 RECORD OF RULEMAKING PROCEEDINGS

A record of all rulemaking proceedings, including any petitions received by the Director of the Division of Social Services shall be maintained by the director and shall be available for public inspection during regular office hours. This record shall include:

(1) the original petition,

(2) the notice,

(3) all written memoranda and information submitted,

(4) any recording or transcript of the oral hearing, and

(5) a final draft of the rule.

 

History Note: Authority G.S. 143B‑10; 150B‑11;

Eff. July 1, 1977;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

 

10A NCAC 68 .0207 FEES

 

History Note: Authority G.S. 143B-10; 150B-11;

Eff. July 1, 1977;

Readopted Eff. October 31, 1977;

Repealed Eff. July 1, 2012.

 

10A NCAC 68 .0208 DECLARATORY RULINGS

The rule stated in 10A NCAC 68 .0108 shall be applicable for this Section.

 

History Note: Authority G.S. 143B‑10; 150B‑17;

Eff. July 1, 1977;

Readopted Eff. October 31, 1977.

 

section .0300 boards of social services

 

10A NCAC 68 .0301 EMPLOYMENT OF RELATIVES OF COUNTY BOARD MEMBERS

No person shall be considered for employment in a county department of social services during the time a member of his immediate family is serving on the county board of social services or the board of county commissioners in the same county. This regulation in no way affects the status of a person who is already an employee of a county department of social services and of whose immediate family a member becomes a candidate for or is appointed or elected to the county board of social services or the board of commissioners in the same county. "Immediate family member," is for purposes of this Regulation defined as a spouse, parent, sibling, child, grandparent, grandchild, stepparent, mother‑in‑law, father‑in‑law, son‑in‑law, daughter‑in‑law, brother‑in‑law, sister‑in‑law, aunt, uncle, niece, or nephew.

 

History Note: Authority G.S. 108A‑1 et seq.; 143B‑153;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977;

Amended Eff. March 1, 1990.

 

10A NCAC 68 .0302 SELECTION OF COUNTY BOARD MEMBERS BY SOCIAL SERVICES COMM

Division Regional Directors are required to name for consideration for county board membership at least one person whose name is secured from organizations, interested groups, or individuals within the county. The Commission may, however, appoint persons who are recommended through other sources.

 

History Note: Authority G.S. 108A‑1; 108A‑3; 108A‑6; 143B‑153;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977;

Amended Eff. September 1, 1991.

 

10A NCAC 68 .0303 DELEGATION OF AUTHORITY BY COUNTY BOARDS

A county board of social services may delegate to the director of the county department of social services the responsibility, with respect to financial responsibility and suspected fraud, to accomplish the requirements of the AFDC, medical assistance, and special assistance programs.

 

History Note: Authority G.S. 108A‑1 et seq.; 143B‑153;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977.