State of north carolina office of administrative hearings
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STATE OF NORTH CAROLINA OFFICE OF ADMINISTRATIVE HEARINGS
January 2, 2009 Paul Harris 1033 Wade Avenue Suite 108 Raleigh, NC 27605 Re: 21 NCAC 34A .0124 and .0126 Dear Mr. Harris: At its December 18, 2008 meeting, the Rules Review Commission objected to the above-captioned rules in accordance with G.S. 150B-21.10. The Commission objected to Rule .0124 based on ambiguity. The rule prohibits solicitation except in certain limited cases set out in (b)(1)(A) and (B). In (b)(3) the rule appears to open the door and allow much more communication with prospective customers if it is preceded by a required notification. The rule is not clear as to whether it intends to allow much broader solicitation than what is allowed in (b)(1) or whether (b)(3) is intended as a further limitation on the solicitation that is allowed in (b)(1) but is not intended to broaden that exception. The Commission objected to Rule .0126 based on a failure to make the technical changes requested as set out in G.S. 140B-21.10. The failure to make the change can also contribute to possible ambiguity within the rule. Please respond to this letter in accordance with the provisions of G.S. 150B-21.12. If you have any questions regarding the Commission's action, please let me know. Sincerely, Joseph J. DeLuca, Jr. Commission Counsel JJD:tdc
January 2, 2009 Paul Harris NC Board of Funeral Service 1033 Wade Avenue Suite 108 Raleigh, NC 27605 Re: 21 NCAC 34B .0211, .0213 and .0310 Dear Mr. Harris: At its December 18, 2008 meeting, the Rules Review Commission extended the period of review on Rules .0211 and .0213 in accordance with G.S. 150B-21.10. It did this to give the agency additional time to consider the amendments to these rules and whether they need to be further refined. The Commission also objected to Rule .0310 based on a failure to make the technical changes requested as set out in G.S. 150B-21.10. The failure to make the changes can also contribute to possible ambiguity within the rules. Please respond to this letter in accordance with the provisions of G.S. 150B-21.12. If you have any questions regarding the Commission's action, please let me know. Sincerely, Joseph J. DeLuca, Jr. Commission Counsel
January 2, 2009 Paul Harris NC Board of Funeral Service 1033 Wade Avenue Suite 108 Raleigh, NC 27605 Re: 21 NCAC 34C .0305 Dear Mr. Harris: At its December 18, 2008 meeting, the Rules Review Commission objected to Rule. 0305 based on a failure to make the technical changes requested as set out in G.S. 150B-21.10. The failure to make the changes can also contribute to possible ambiguity within the rules. Please respond to this letter in accordance with the provisions of G.S. 150B-21.12. If you have any questions regarding the Commission's action, please let me know. Sincerely, Joseph J. DeLuca, Jr. Commission Counsel
January 2, 2009 Paul Harris NC Board of Funeral Service 1033 Wade Avenue Suite 108 Raleigh, NC 27605 Re: 21 NCAC 34D .0201, .0203 and .0303 Dear Mr. Harris: At its December 18, 2008 meeting, the Rules Review Commission objected to the above rules based on a failure to make the technical changes requested as set out in G.S. 150B-21.10. The failure to make the changes can also contribute to possible ambiguity within the rules. Please respond to this letter in accordance with the provisions of G.S. 150B-21.12. If you have any questions regarding the Commission's action, please let me know. Sincerely, Joseph J. DeLuca, Jr. Commission Counsel
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