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APPROVED RULES

(2)Relationship with the community served and with local and State officials;
(3)Encouraging consumer/family involvement in system management activities including, but not limited to:

(A)program development,

(B)quality management, and

(C)community development;

(4)Recruiting, monitoring, and maintaining effective relationship with qualified providers of services;
(5)Management of human resources;
(6)Management of fiscal resources; and
(7)Demonstration of leadership skills.
(c)  Area Boards may use the Area Director evaluation as an opportunity to create an annual plan for the Area Director that includes both policy and programmatic considerations.

History Note:Authority G.S. 122C-112.1;

Eff. May 1, 2008.

10A NCAC 29D .0101CAROLINA ALTERNATIVES

History Note:Authority G.S. 122C-112; 122C-143.1; 122C-143.2; 122C-147; 122C-147.1; 122C-147.2; 42 C.F.R. 431; Social Security Act, Waiver under Sections 1915(b(1)) and (b)(4);

Eff. February 1, 1996;

Amended Eff. April 1, 1999;

Repealed Eff. May 1, 2008.

10A NCAC 29D .0401SCOPE

10a NCAC 29d .0402STAFF

10a NCAC 29d .0403OPERATIONS

History Note:Authority G.S. 122C26; 143B147;

Eff. May 1, 1996;

Repealed Eff. May 1, 2008.

10A NCAC 29D .0601PURPOSE AND SCOPE

10A NCAC 29D .0602DEFINITIONS

10A NCAC 29D .0603WRITTEN NOTICE OF INTENT

10A NCAC 29D .0604DWI SUBSTANCE ABUSE

ASSESSMENT ELEMENTS

10A NCAC 29D .0605QUALIFICATIONS OF

INDIVIDUALS PERFORMING ASSESSMENTS

10a NCAC 29D .0606RESPONSIBILITIES OF

ASSESSING AGENCY

10A NCAC 29D .0607RESPONSIBILITIES OF

TREATMENT OR ADETS PROVIDERS

10A NCAC 29D .0608REPORTING REQUIREMENTS

10A NCAC 29D .0609PRETRIAL ASSESSMENTS

10A NCAC 29D .0610PLACEMENT CRITERIA FOR

ASSESSED DWI CLIENTS

10A NCAC 29D .0611DOCUMENTATION

REQUIREMENTS

History Note:Authority G.S. 20138.1; 20179; 20179(e)(6) and (m); 122C3; 122C22; 122C26;

Eff. February 1, 1989;

Amended Eff. March 1, 1995; September 1, 1994; May 1, 1990; March 1, 1990;

Repealed Eff. May 1, 2008.

TITLE 11 – DEPARTMENT OF INSURANCE

11 NCAC 01 .0419PREHEARING CONFERENCE

(a)  The purpose of the prehearing conference is to simplify the issues to be determined; to obtain stipulations in regard to foundations for testimony or exhibits; to obtain stipulations of agreement on undisputed facts or the application of particular laws; to consider the proposed witnesses for each party; to identify and exchange documentary evidence intended to be introduced at the hearing; to determine deadlines for the completion of any discovery; to establish hearing dates and locations if not previously set; to consider such other matters that may be necessary or advisable; and, if possible, to reach a settlement without the necessity for further hearing.  Any final settlement shall be set forth in a settlement agreement or consent order and made a part of the record.
(b)  Upon the request of any party or upon the hearing officer's own motion, the hearing officer may hold a prehearing conference before a contested case hearing.  The hearing officer may require the parties to file prehearing statements in accordance with 11 NCAC 01 .0415.  A prehearing conference shall be an informal proceeding conducted expeditiously by the hearing officer.  Agreements on the simplification of issues, amendments, stipulations, or other matters may be entered on the record or may be made the subject of an order by the hearing officer.  Venue for purposes of a prehearing conference shall be determined in accordance with G.S. 150B38(e).

History Note:Authority G.S. 58240(1); 58250; 58255; 58270; 150B38(h);

Eff. July 1, 1992;

Amended Eff. May 1, 2008.

11 NCAC 01 .0429EVIDENCE

(a)  The North Carolina Rules of Evidence as found in Chapter 8C of the General Statutes govern in all contested case proceedings, except as provided otherwise in this Section and G.S. 150B41.
(b)  The hearing officer may admit all evidence that has probative value.  Irrelevant, incompetent, immaterial, or unduly repetitious evidence shall be excluded.  In accordance with Rule 403 of the N.C. Rules of Evidence, the hearing officer may, in his discretion, exclude any evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
(c)  Contemporaneous objections by a party or a party's attorney are not required in the course of a hearing to preserve the right to object to the consideration of evidence by the hearing officer in reaching a decision or by the court upon judicial review.
(d)  All evidence to be considered in the case, including all records and documents or true and accurate photocopies thereof, shall be offered and made a part of the record in

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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