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APPROVED RULES

for maintaining the generator in working order or continuing the contract with a generator provider; and

(I)On or after the effective date of this Rule, if the facility installs automatic sprinklers in compliance with the North Carolina Building Code, the facility shall receive 3 merit points. If the facility has an existing automatic sprinkler, the facility shall receive 2 merit points for subsequent ratings for maintaining the automatic sprinklers in good working order.

(2)Demerit Points

(A)For each citation of noncompliance with the statutes or rules listed in Rule .1603 of this Subchapter, the facility shall receive a demerit of 2 points. The facility shall receive demerit points only once for citations in which the findings are identical to those findings used for another citation;

(B)For each citation of a Type A violation, the facility shall receive a demerit of 10 points;

(C)For each citation of a Type B violation, the facility shall receive a demerit of 3.5 points and if the Type B violation remains uncorrected as the result of a follow-up inspection, the facility shall receive an additional demerit of 3.5 points;

(D)If the facility's admissions are suspended, the facility shall receive a demerit of 10 points; however, if the facility's admissions are suspended pursuant to G.S. 131D-4.2, the facility shall not receive any demerit points; and

(E)If the facility receives a notice of revocation against its license, the facility shall receive demerit of 31 points.

(d)  Facilities shall be given a rating of zero to four stars depending on the score assigned pursuant to Paragraph (a), (b) or (c) of this Rule. Ratings shall be assigned as follows:
(1)Four stars shall be assigned to any facility whose score is 100 points or greater on two consecutive annual inspections;
(2)Three stars shall be assigned for scores of 90 to 99.9 points, or for any facility whose score is 100 points or greater on one annual inspection;
(3)Two stars shall be assigned for scores of 80 to 89.9 points;
(4)One star shall be assigned for scores of 70 to 79.9 points; and
(5)Zero stars shall be assigned for scores of 69.9 points or lower.

History Note:Authority G.S. 131D-4.5; 131D-10;

Eff. Pending Legislative Review.

* * * * * * * * * * * * * * * * ** * *

10A NCAC 17D .0205APPLICATION INFORMATION

AND PROCEDURES

(a)  Interested persons may request an application packet by calling or writing the Division at the Division Central Office, or by requesting one from any of the regional centers or downloading one from the Division website.  The application packet shall include:
(1)instructions for submitting reports and statements certifying that the applicant is deaf, hard of hearing, speech-impaired, or deaf-blind;
(2)a Conditions of Acceptance form for the recipient to sign indicating that the recipient understands and agrees to the rights and responsibilities of the recipient and desires services of the program.  This form includes information for recipients acting for minor users to sign indicating their agreement that equipment sets received under this program may be transferred to the user upon the user's 18th birthday at the request of the minor user; and
(3)an application form calling for the following information:

(A)the full name, address, date of birth, and occupation of the recipient and all users of the equipment set;

(B)telephone number of the recipient;

(C)personal and financial information regarding all family members necessary to determine financial eligibility according to the provisions of Rule .0210 of this Section;

(D)copies of driver's license or other proof of identification and residence of the recipient; and

(E)the disability status of the applicant or the intended user.

(b)  To apply for equipment from the TEDP, an eligible applicant must:
(1)answer all of the questions on the application form, sign it, and date it;
(2)make a copy of an item from Rule .0206(b)(1) offering proof of residence in North Carolina to include with the application;
(3)make a copy of an item from Rule .0206(d) offering proof of household income to include with the application;
(4)read the Conditions of Acceptance form, sign and date the form, and include it with the application;

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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