Section .0100 – General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 14b - public safety/chapter 11 - division of juvenile justice/subchapter a/subchapter a rules.html
Published: 2015

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CHAPTER 11 – DIVISION OF JUVENILE JUSTICE

 

SUBCHAPTER 11A – DEPARTMENTAL MANDATES

 

SECTION .0100 – GENERAL PROVISIONS

 

14b NCAC 11a .0101       SCOPE

(a)  The rules in this Title implement the rule-making

authority given the Department of Juvenile Justice and Delinquency Prevention.

(b)  The rules in this Chapter establish requirements for:

(1)           APA rule-making petition process: and

(2)           Information sharing,

 

History Note:        Authority G.S. 143B-512(a); 143B-516;

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 01A .0101 Eff. June 1, 2013.

SECTION .0200 - RULEMAKING PROCEDURES

 

14B NCAC 11A .0201       PETITIONS

(a)  Any petition for the adoption, amendment, or repeal of

a rule within Title 28 of the North Carolina Administrative Code must be made

to the Secretary of the Department of Juvenile Justice and Delinquency

Prevention and addressed to: Secretary/Administrative Hearing Officer,

Department of Juvenile Justice and Delinquency Prevention, 1801 Mail Service Center,

Raleigh, NC 27699-1801; or delivered in person to the Office of the Secretary.

(b)  The petition shall contain the following information:

(1)           either a draft of the proposed rule or a

summary of its contents;

(2)           the reasons for the petition;

(3)           the effect on existing rules or orders;

(4)           any data supporting the petition;

(5)           the effect of the petition on existing

practices in the area involved in cost factors;

(6)           the names and addresses, if known, of those

most likely to be affected by the petition; and

(7)           the name and address of the petitioner.

(c)  The Secretary, shall determine, based on a study of the

facts in the petition, whether the public interest will be served by granting

the petition.  The Secretary will consider all the contents of the submitted

petition, plus any additional information deemed to be relevant.

(d)  If the decision is to deny the petition, the petitioner

shall be given notice that the decision including reasons why the petition was

denied and may be appealed through Judicial Review as provided in

G.S.150B-20(d).

 

History Note:        Authority G.S. 143B-512(a); 150B-20;

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 01A .0201 Eff. June 1, 2013.

 

14B NCAC 11A .0202       HEARINGS

(a)  Persons desiring to make oral presentations at a public

hearing may submit a written copy of the presentation to the hearing officer

prior to or at the public hearing.

(b)  Persons making oral presentations shall be limited to

10 minutes.  The hearing officer may extend the length of the presentation

beyond 10 minutes if he determines that it is required to ensure a full

understanding of the issues.

(c)  The hearing officer at the public hearing shall

announce a written list identifying the parties who have filed written

submissions prior to the hearing and copies of those submissions shall be made

available upon request.

(d)  A written submission shall state the rule or proposed

rule to which the comments are addressed and shall also include the name and

address of the person submitting it.  Written submissions must be sent to:

Secretary/Administrative Hearings Officers, Department of Juvenile Justice and Delinquency

Prevention, 1801 Mail Service Center, Raleigh, NC 27699-1801; or submitted in

person to the Hearing Officer at the time of the public hearing.

(e)  The Hearing Officer shall have control over the

rulemaking hearing, including;

(1)           the responsibility of having a record made

of the hearing;

(2)           extension of and enforcement of time

allotments;

(3)           recognition of speakers;

(4)           prevention of repetitious presentations;

and

(5)           general management of the hearing.

(f)  The Hearing Officer shall give each person attending

the hearing a fair opportunity to present views, data, and comments.

 

History Note:        Authority G.S.143B-512(a); 150B-21.2;

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 01A .0202 Eff. June 1, 2013.

 

14B NCAC 11A .0203       FEES

The Department may charge a fee to persons requesting

materials from hearing records.  The fee shall cover the materials cost of

meeting the request.

 

History Note:        Authority G.S. 143B-512(a);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 01A .0203 Eff. June 1, 2013.

 

14B NCAC 11A .0204       DECLARATORY RULINGS

(a)  The Secretary or his designee shall have the power to

make declaratory rulings.  All requests for declaratory rulings shall be by

written petition and shall be submitted to: Secretary/Administrative Hearing

Officer, Department of Juvenile Justice and Delinquency Prevention, 1801 Mail Service Center, Raleigh, NC 278699-1801.

(b)  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; and

(3)           A concise statement of the manner in which

the petitioner is aggrieved by the rule and the criteria under this Rule that

justifies the request for a declaratory ruling.

(c)  The Secretary or the Department's Hearing Officer shall

issue notice to persons who may be affected by the ruling that written comments

may be submitted or oral presentations received at a scheduled hearing.

(d)  A record of all declaratory ruling proceedings shall be

maintained by the Secretary's Office 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

when the request is denied;

(3)           All written memoranda and information

submitted;

(4)           Any written minutes or audio tape or other

record of the oral hearing; and

(5)           A statement of the ruling when the request

is granted.

 

History Note:        Authority G.S. 143B-512; 143B-516;

150B-4;

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 01A .0204 Eff. June 1, 2013.

 

SECTION .0300 - INFORMATION SHARING

 

14B NCAC 11A .0301       designated AGENCIES AUTHORIZED to share

information

The following agencies shall share with one another upon

request, information in their possession that is relevant to any case in which

a petition is filed alleging that a juvenile is abused, neglected, dependent,

undisciplined or delinquent:

(a)           The Department of Juvenile Justice &

Delinquency Prevention;

(b)           The Office of Guardian Ad Litem Services of the

Administrative Office of the Courts;

(c)           County Departments of Social Services;

(d)           Area mental health developmental disability and

substance abuse authorities;

(e)           Local law enforcement agencies;

(f)            District attorneys' offices as authorized by G.S.

7B-3100;

(g)           County mental health facilities, developmental

disabilities and substance abuse programs;

(h)           Local school administrative units;

(i)            Local health departments; and

(j)            A local agency designated by an administrative

order issued by the chief district court judge of the district court district

in which the agency is located, as an agency authorized to share information

pursuant to these Rules and the standards set forth in G.S. 7B-3100.

 

History Note:        Authority G.S. 7B-3100;

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 01A .0301 Eff. June 1, 2013.

 

14B NCAC 11A .0302       INFORMATION SHARING AMONG AGENCIES

(a)  Any agency that receives information disclosed pursuant

to G.S. 7B-3100 and shares such information with another authorized agency,

shall document the name of the agency to which the information was provided and

the date the information was provided.

(b)  When the disclosure of requested information is

prohibited or restricted by federal law or regulations, a designated agency shall

share the information only in conformity with the applicable federal law and

regulations. At the request of the initiating designated agency, the designated

agency refusing the request shall inform that agency of the specific law or

regulation that is the basis for the refusal.

 

History Note:        Authority G.S. 7B-3100;

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 01A .0302 Eff. June 1, 2013.