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Proposed Amendment of Rules 10A NCAC 27G .6702, Operations, and 10A NCAC 27H Section .0200

Proposed Amendment of Rules 10A NCAC 27G .6702, Operations, and 10A NCAC 27H Section .0200, Training and Registration of Forensic Evaluators

Purpose of Rule Action:   The rules are proposed for amendment to require forensic evaluators appointed pursuant to G.S. 15A-1002(b) to complete all training requirements necessary to be credentialed as a certified forensic evaluator and to attend annual continuing education seminars that provide continuing education and training in conducting forensic evaluations and screening examinations of defendants to determine capacity to proceed and in preparing written reports required by law.

Proposed Amendment of Permanent Rules 10A NCAC 27G .6702 and 10A NCAC 27H Section .0200.  The rules are also available in the North Carolina Register Volume 31, Issue 01 scheduled for publication July 1, 2016.  The NC Register is accessible via this link:  http://www.oah.state.nc.us/rules/register/.

Federal Certification is not applicable to this set of proposed rules.

Economic Analysis:  Fiscal note prepared by the Division of Mental Health, Developmental Disabilities and Substance Abuse Services Budget Office and approved by the Office of State Budget Management.

Public Comment Period:  July 2, 2016 – August 30, 2016.  Written comments or objections to the proposed rules must be submitted electronically to dmhddsasrules@dhhs.nc.gov or mailed to W. Denise Baker 3004 Mail Service Center Raleigh, NC  27699-3004.

Procedure for Subjecting a Rule to Legislative Review:  Any person who objects to the adoption of a permanent rule may submit written comments to dmhddsasrules@dhhs.nc.gov.  If the objection is not resolved prior to adoption of the rule, a person may than submit written objections to the Rules Review Commission. If the Rules Review Commission receives written objections from 10 or more persons, clearly requesting review of the rule by the legislature, and the Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1).  The Rules Review Commission will accept written objections no later than 5:00p.m. of the day following the day the Commission approves the rule.  The Rules Review Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.  If you have any further questions regarding the process for submitting written objections to the Rules Review Commission, please contact a Rules Review Staff Attorney at 919-431-3000.