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.
