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To display the the official rule documentation, click on the Rule Name Link goes outside of NC DHHS in the table below.

The public may provide comments for each rule, which will be sent electronically to the administrators at the agency responsible for collecting the comments for each subchapter.

To submit a comment regarding a rule, do the following:

  1. Find the rule in the table below.
  2. Click on the button in the row for that rule.
  3. A form will be displayed, where you can enter and submit your comment.
  4. To comment on rules in another subchapter, click on "Return to the main Rules Review page" link.

"Public comment" is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to G.S. 150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in G.S. 150B-21.9(a).


G.S. 150B-21.3A Report for 10A NCAC 28B, CIVIL AND LEGAL RIGHTS | Agency - DHHS Commission for Mental Health/DD/SAS

Periodic Review of Rules

Pursuant to G.S. 150B-21.3A, Periodic Review and Expiration of Existing Rules, the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services and the Division of Mental Health, Developmental Disabilities, and Substance Use Services have posted Initial Determination Reports for the rules in 10A NCAC Subchapters 26C, 27C, 27E, 27F, 27H, 27I, 28A, 28B, 28C, 28D, and 28E of the North Carolina Administrative Code.  Public comment means written comments objecting to the rule, in whole or in part, or objecting to an agency's determination of the rule as necessary or unnecessary; the comment must address the content of the rule to be considered by the Rules Review Commission.  An unnecessary rule is defined as a rule that the agency determines to be obsolete, redundant, or otherwise not needed.  A necessary rule is defined as any rule other than an unnecessary rule.

Public Comment Period:  September 18 through November 16, 2024.

Direct Comments to the following:
Denise Baker
3001 Mail Service Center
Raleigh, NC 27699-3001
E-Mail:  [email protected]

Rule Section Rule Citation Rule Name Date and Last Agency Action on the Rule Agency Determination
[150B-21.3A(c)(1)a]		 Implements or Conforms to Federal Regulation [150B-21.3A(d1)] Federal Citation Comment
SECTION .0100 - GENERAL RIGHTS 10A NCAC 28B .0101 COMPETENCY OF ADULT CLIENTS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0100 - GENERAL RIGHTS 10A NCAC 28B .0102 BASIC RIGHTS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0100 - GENERAL RIGHTS 10A NCAC 28B .0103 RELIGIOUS RIGHTS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0200 - LEGAL RIGHTS 10A NCAC 28B .0201 ACCESS TO LEGAL SERVICES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0200 - LEGAL RIGHTS 10A NCAC 28B .0202 NONPROFIT LEGAL SERVICES ORGANIZATIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0200 - LEGAL RIGHTS 10A NCAC 28B .0203 STATE FACILITY GRIEVANCE PROCEDURE AND REPORTS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0200 - LEGAL RIGHTS 10A NCAC 28B .0204 DIVISION DIRECTORS REVIEW OF GRIEVANCES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0200 - LEGAL RIGHTS 10A NCAC 28B .0205 DEPARTMENT REVIEW OF GRIEVANCE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0200 - LEGAL RIGHTS 10A NCAC 28B .0206 ACCESS TO INTERNAL CLIENT ADVOCATE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0200 - LEGAL RIGHTS 10A NCAC 28B .0207 CLIENT ADVOCATE ACCESS TO CONFIDENTIAL INFORMATION Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0200 - LEGAL RIGHTS 10A NCAC 28B .0208 DEATHS AND AUTOPSIES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0300 - LABOR RIGHTS 10A NCAC 28B .0301 EMPLOYMENT CONDITIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0300 - LABOR RIGHTS 10A NCAC 28B .0302 VOLUNTARY NON-COMPENSATED WORK Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0300 - LABOR RIGHTS 10A NCAC 28B .0303 PERSONAL HOUSEKEEPING Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0400 - NONDISCRIMINATION 10A NCAC 28B .0401 TITLE VI CIVIL RIGHTS ACT 1964 Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0400 - NONDISCRIMINATION 10A NCAC 28B .0402 DHHS DIRECTIVE - INTERPRETER SERVICES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
SECTION .0400 - NONDISCRIMINATION 10A NCAC 28B .0403 STATE AND FEDERAL REGULATIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018 Necessary No
Comments submitted to this website may be considered public record and may be disclosed to parties requesting such records, including the identifiable information that you provide in your comment. You may submit your comment without providing any identifiable information. Voluntarily providing identifiable information does not mean that you will be contacted about your comment.

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