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.
