Title 12 NCAC — Justice

title-1212 NCACRegulation

Open source

Chapter 01 Departmental Rules

12 NCAC 01 .0101 Executive {#sec-12-ncac-01-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0101}

History

  • Status: repealed
  • Authority G.S. 143A-49; 114-1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1986.
12 NCAC 01 .0102 Location {#sec-12-ncac-01-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0102}

History

  • Status: repealed
  • Authority G.S. 143A-49; 114-1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1986.
12 NCAC 01 .0103 Address {#sec-12-ncac-01-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0103}

History

  • Status: repealed
  • Authority G.S. 143A-49; 114-1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1986.
12 NCAC 01 .0104 Organization {#sec-12-ncac-01-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0104}

History

  • Status: repealed
  • Authority G.S. 143A-49; 114-1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1986.
12 NCAC 01 .0105 Rule-Making and Administrative Hearing Procedures {#sec-12-ncac-01-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0105}

History

  • Status: repealed
  • Authority G.S. 17D-2; 43-3; 74A-1; 114-10; 114-12; 143A-50; 143A-51; 143A-52
  • 143A-54; 143A-55; 150A-11; 150A-14
  • Eff. September 29, 1980
  • Amended Eff. December 1, 1985; November 1, 1984; March 1, 1983
  • Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).
12 NCAC 01 .0106 Ada Dispute Resolution Procedure {#sec-12-ncac-01-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0106}

History

  • Status: expired
  • Authority G.S. 114-1; 114-1.1; 28 C.F.R. 35.107
  • Eff. January 1, 1994
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0201 Personnel Policies in General {#sec-12-ncac-01-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0201}

History

  • Status: expired
  • Authority G.S. 114-1; 114-4; 114-4.4; 114-4.2B; 114-4.2C; 114-5; 126-5; 126-12; 126-13 to 126-15; 126-16; 126-4(3); 126-4(4); 150A-14
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0202 General Conduct {#sec-12-ncac-01-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0202}

History

  • Status: expired
  • Authority G.S. 114-1; 114-4; 114-4.4; 114-4.2B; 114-4.2C; 114-5; 126-5; 126-12; 126-13 to 126-15; 126-16; 126-4(3); 126-4(4); 150A-14
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0203 Eeo Policy Statement {#sec-12-ncac-01-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0203}

History

  • Status: expired
  • Authority G.S. 114-1; 114-4; 114-4.4; 114-4.2B; 114-4.2C; 114-5; 126-5; 126-12; 126-13 to 126-15; 126-16; 126-4(3); 126-4(4); 150A-14
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0204 Initiation and Maintenance of Program {#sec-12-ncac-01-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0204}

History

  • Status: expired
  • Authority G.S. 114-1; 114-4; 114-4.4; 114-4.2B; 114-4.2C; 114-5; 126-5; 126-12; 126-13 to 126-15; 126-16; 126-4(3); 126-4(4); 150A-14
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0205 Eeo Officer {#sec-12-ncac-01-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0205}

History

  • Status: expired
  • Authority G.S. 114-1; 114-4; 114-4.4; 114-4.2B; 114-4.2C; 114-5; 126-5; 126-12; 126-13 to 126-15; 126-16; 126-4(3); 126-4(4); 150A-14
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0206 Recruitment and Hiring {#sec-12-ncac-01-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0206}

History

  • Status: expired
  • Authority G.S. 114-1; 114-4; 114-4.4; 114-4.2B; 114-4.2C; 114-5; 126-5; 126-12; 126-13 to 126-15; 126-16; 126-4(3); 126-4(4); 150A-14
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0207 Promotion and Transfer Policies and Procedures {#sec-12-ncac-01-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0207}

History

  • Status: expired
  • Authority G.S. 114-1; 114-4; 114-4.4; 114-4.2B; 114-4.2C; 114-5; 126-5; 126-12; 126-13 to 126-15; 126-16; 126-4(3); 126-4(4); 150A-14
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0208 Employment Termination Policies and Procedures {#sec-12-ncac-01-.0208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0208}

History

  • Status: repealed
  • Authority G.S. 114-1; 114-4; 114-4.4; 114-2B; 114-4.2C; 114-5; 126-5; 126-12
  • 126-16; 126-4(3); 126-4(4); 126-34 through 126-37
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 01 .0209 Appeal {#sec-12-ncac-01-.0209 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0209}

History

  • Status: repealed
  • Authority G.S. 114-1; 114-4; 114-4.4; 114-2B; 114-4.2C; 114-5; 126-5; 126-12
  • 126-16; 126-4(3); 126-4(4); 126-34 through 126-37
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 01 .0210 Immediate Dismissal {#sec-12-ncac-01-.0210 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0210}

History

  • Status: repealed
  • Authority G.S. 114-1; 114-4; 114-4.4; 114-2B; 114-4.2C; 114-5; 126-5; 126-12
  • 126-16; 126-4(3); 126-4(4); 126-34 through 126-37
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 01 .0211 Grievance Committee {#sec-12-ncac-01-.0211 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0211}

History

  • Status: expired
  • Authority G.S. 114-1; 114-4; 114-4.4; 114-2B; 114-4.2C; 114-5; 126-5; 126-12; 126-16; 126-4(3); 126-4(4); 126-34 to 126-37
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0212 Grievance Procedure {#sec-12-ncac-01-.0212 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0212}

History

  • Status: repealed
  • Authority G.S. 114-1; 114-4; 114-4.4; 114-2B; 114-4.2C; 114-5; 126-4(3)
  • 126-4(4); 126-5; 126-12; 126-16; 126-34 to 126-37
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985
  • Repealed Eff. June 1, 1994.
12 NCAC 01 .0213 Payroll Deductions {#sec-12-ncac-01-.0213 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0213}

History

  • Status: expired
  • Authority G.S. 105-63.1 et seq.; 114-1; 114-4; 114-4.2B; 114-4.2C; 114-4.4; 114-5; 126-4(5); 126-7; 147-6; 147-62; 26 U.S.C. 3401 to 3404
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0214 Merit Increments {#sec-12-ncac-01-.0214 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0214}

History

  • Status: expired
  • Authority G.S. 105-63.1 et seq.; 114-1; 114-4; 114-4.2B; 114-4.2C; 114-4.4; 114-5; 126-4(5); 126-7; 147-6; 147-62; 26 U.S.C. 3401 to 3404
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0215 Work Hours {#sec-12-ncac-01-.0215 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0215}

History

  • Status: expired
  • Authority G.S. 105-63.1 et seq.; 114-1; 114-4; 114-4.2B; 114-4.2C; 114-4.4; 114-5; 126-4(5); 126-7; 147-6; 147-62; 26 U.S.C. 3401 to 3404
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0216 Educational Leave and Reimbursement {#sec-12-ncac-01-.0216 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0216}

History

  • Status: expired
  • Authority G.S. 105-63.1 et seq.; 114-1; 114-4; 114-4.2B; 114-4.2C; 114-4.4; 114-5; 126-4(5); 126-7; 147-6; 147-62; 26 U.S.C. 3401 to 3404
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0217 Titles {#sec-12-ncac-01-.0217 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0217}

History

  • Status: expired
  • Authority G.S. 105-63.1 et seq.; 114-1; 114-4; 114-4.2B; 114-4.2C; 114-4.4; 114-5; 126-4(5); 126-7; 147-6; 147-62; 26 U.S.C. 3401 to 3404
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 01 .0218 Private Practice of Law {#sec-12-ncac-01-.0218 omnilex-key=us-nc-regs-official--title-12--12 NCAC 01 .0218}

History

  • Status: expired
  • Authority G.S. 105-63.1 et seq.; 114-1; 114-4; 114-4.2B; 114-4.2C; 114-4.4; 114-5; 126-4(5); 126-7; 147-6; 147-62; 26 U.S.C. 3401 to 3404
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1985; November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.

Chapter 02 Office of the Attorney General

Subchapter A

12 NCAC 02A .0101 Location {#sec-12-ncac-02a-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0101}

History

  • Status: repealed
  • Authority G.S. 114-1; N. C. Constitution Article III, Section 7
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. January 1, 1986.
12 NCAC 02A .0102 Address {#sec-12-ncac-02a-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0102}

History

  • Status: repealed
  • Authority G.S. 114-1; N. C. Constitution Article III, Section 7
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. January 1, 1986.
12 NCAC 02A .0103 Office Hours {#sec-12-ncac-02a-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0103}

History

  • Status: repealed
  • Authority G.S. 114-1; N. C. Constitution Article III, Section 7
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. January 1, 1986.
12 NCAC 02A .0201 General {#sec-12-ncac-02a-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0201}

History

  • Status: expired
  • Authority G.S. 114-2
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 02A .0202 Specific {#sec-12-ncac-02a-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0202}

History

  • Status: expired
  • Authority G.S. 114-2
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.

History

  • Status: expired
  • Authority G.S. 114-2.2
  • Temporary Rule Eff. September 1, 1984 for a Period of 120 Days to Expire December 30, 1984
  • Eff. November 1, 1984
  • Amended Eff. July 1, 1993
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 02A .0301 Administrative Division {#sec-12-ncac-02a-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0301}

History

  • Status: repealed
  • Authority G.S. 114-1, et seq.
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1986.
12 NCAC 02A .0302 Division Two {#sec-12-ncac-02a-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0302}

History

  • Status: repealed
  • Authority G.S. 114-1, et seq.
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 02A .0303 Division a {#sec-12-ncac-02a-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0303}

History

  • Status: repealed
  • Authority G.S. 114-1, et seq.
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1986.
12 NCAC 02A .0304 Division B {#sec-12-ncac-02a-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0304}

History

  • Status: repealed
  • Authority G.S. 114-1, et seq.
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1986.
12 NCAC 02A .0305 Division C {#sec-12-ncac-02a-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0305}

History

  • Status: repealed
  • Authority G.S. 114-1, et seq.
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1986.
12 NCAC 02A .0401 When Rendered: Form {#sec-12-ncac-02a-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0401}

History

  • Status: expired
  • Authority G.S. 114-2(5)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 02A .0402 When Denied: Reasons {#sec-12-ncac-02a-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0402}

History

  • Status: expired
  • Authority G.S. 114-2(5)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 02A .0403 When Published: Subscription {#sec-12-ncac-02a-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02A .0403}

History

  • Status: expired
  • Authority G.S. 114-2(5)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.

Subchapter B

12 NCAC 02B .0101 Petition for Rulemaking Hearings {#sec-12-ncac-02b-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0101}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0102 Contents of Petition {#sec-12-ncac-02b-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0102}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0103 Disposition of Petitions {#sec-12-ncac-02b-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0103}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0201 Timing of Notice {#sec-12-ncac-02b-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0201}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0202 Notice Mailing List {#sec-12-ncac-02b-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0202}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0203 Additional Information {#sec-12-ncac-02b-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0203}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0301 Request to Participate {#sec-12-ncac-02b-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0301}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0302 Contents of Request: General Time Limitations {#sec-12-ncac-02b-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0302}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0303 Receipt of Request: Specific Time Limits {#sec-12-ncac-02b-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0303}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0304 Written Submissions {#sec-12-ncac-02b-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0304}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0305 Presiding Officer: Powers and Duties {#sec-12-ncac-02b-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0305}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0306 Statement of Reasons for Decision {#sec-12-ncac-02b-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0306}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0307 Record of Proceedings {#sec-12-ncac-02b-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0307}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0401 Subjects of Declaratory Rulings {#sec-12-ncac-02b-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0401}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0402 Submission of Request for Ruling {#sec-12-ncac-02b-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0402}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0403 Disposition of Requests {#sec-12-ncac-02b-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0403}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0404 Record of Decision {#sec-12-ncac-02b-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0404}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0405 Definition {#sec-12-ncac-02b-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0405}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0501 Right to Hearing {#sec-12-ncac-02b-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0501}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0502 Request for Hearing {#sec-12-ncac-02b-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0502}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0503 Granting or Denying Hearing Requests {#sec-12-ncac-02b-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0503}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0504 Notice of Hearing {#sec-12-ncac-02b-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0504}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0505 Who Shall Hear Contested Cases {#sec-12-ncac-02b-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0505}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0506 Petition for Intervention {#sec-12-ncac-02b-.0506 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0506}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0507 Types of Intervention {#sec-12-ncac-02b-.0507 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0507}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0508 Disqualification of Hearing Officers {#sec-12-ncac-02b-.0508 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0508}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0601 Failure to Appear {#sec-12-ncac-02b-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0601}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0602 Simplification of Issues {#sec-12-ncac-02b-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0602}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0603 Subpoenas {#sec-12-ncac-02b-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0603}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0604 Final Decisions in Administrative Hearings {#sec-12-ncac-02b-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0604}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.
12 NCAC 02B .0605 Proposals for Decisions {#sec-12-ncac-02b-.0605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02B .0605}

History

  • Status: repealed
  • Repealed Eff. September 29, 1980.

Subchapter C

12 NCAC 02C .0101 General Provisions {#sec-12-ncac-02c-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0101}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02C .0102 Purposes and Responsibilities {#sec-12-ncac-02c-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0102}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02C .0201 General Provisions {#sec-12-ncac-02c-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0201}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02C .0202 Purpose {#sec-12-ncac-02c-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0202}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02C .0203 Responsibilities {#sec-12-ncac-02c-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0203}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02C .0301 General Provisions {#sec-12-ncac-02c-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0301}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02C .0302 Purposes and Responsibilities {#sec-12-ncac-02c-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0302}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02C .0303 Organizational Structure {#sec-12-ncac-02c-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0303}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02C .0401 General Provisions {#sec-12-ncac-02c-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0401}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02C .0402 Purposes and Responsibilities {#sec-12-ncac-02c-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0402}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02C .0403 Organization {#sec-12-ncac-02c-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0403}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02C .0404 Rules of Practice {#sec-12-ncac-02c-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0404}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02C .0405 Organizational Structure {#sec-12-ncac-02c-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02C .0405}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.

Subchapter D

12 NCAC 02D .0101 General Provisions {#sec-12-ncac-02d-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0101}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0102 Purpose and Responsibilities {#sec-12-ncac-02d-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0102}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0103 Organization {#sec-12-ncac-02d-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0103}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0104 Procedures {#sec-12-ncac-02d-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0104}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0201 General Provisions {#sec-12-ncac-02d-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0201}

History

  • Status: repealed
  • Repealed Eff. January 5, 1978.
12 NCAC 02D .0202 Purposes and Responsibilities {#sec-12-ncac-02d-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0202}

History

  • Status: repealed
  • Repealed Eff. January 5, 1978.
12 NCAC 02D .0203 Transfer of Organizational Authority {#sec-12-ncac-02d-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0203}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0301 General Provisions {#sec-12-ncac-02d-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0301}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0302 Purpose and Responsibilities {#sec-12-ncac-02d-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0302}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0303 Rules of Practice {#sec-12-ncac-02d-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0303}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0401 General Provisions {#sec-12-ncac-02d-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0401}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0402 Purpose {#sec-12-ncac-02d-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0402}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0403 Responsibilities {#sec-12-ncac-02d-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0403}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0501 General Provisions {#sec-12-ncac-02d-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0501}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0502 Purposes {#sec-12-ncac-02d-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0502}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0503 Responsibilities and Organization {#sec-12-ncac-02d-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0503}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0601 General Provisions {#sec-12-ncac-02d-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0601}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0602 Purpose {#sec-12-ncac-02d-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0602}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0603 Crime Control and Public Safety Unit {#sec-12-ncac-02d-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0603}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0701 General Provisions {#sec-12-ncac-02d-.0701 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0701}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0702 Purpose {#sec-12-ncac-02d-.0702 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0702}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0703 Responsibilities {#sec-12-ncac-02d-.0703 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0703}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02D .0704 Procedures {#sec-12-ncac-02d-.0704 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02D .0704}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.

Subchapter E

12 NCAC 02E .0101 General Provisions {#sec-12-ncac-02e-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0101}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0102 Purpose {#sec-12-ncac-02e-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0102}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0103 Responsibilities {#sec-12-ncac-02e-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0103}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0201 General Provisions {#sec-12-ncac-02e-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0201}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0202 Purposes and Responsibilities {#sec-12-ncac-02e-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0202}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0301 General Provisions {#sec-12-ncac-02e-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0301}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0302 Purposes and Responsibilities {#sec-12-ncac-02e-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0302}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0303 Organization {#sec-12-ncac-02e-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0303}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0304 Procedures and Forms {#sec-12-ncac-02e-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0304}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0401 General Provisions {#sec-12-ncac-02e-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0401}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0402 Purposes and Responsibilities {#sec-12-ncac-02e-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0402}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0501 General Provisions {#sec-12-ncac-02e-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0501}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0502 Purposes and Responsibilities {#sec-12-ncac-02e-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0502}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0503 Organization {#sec-12-ncac-02e-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0503}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0504 Rules of Practice {#sec-12-ncac-02e-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0504}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02E .0505 Transfer of Organizational Authority {#sec-12-ncac-02e-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02E .0505}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.

Subchapter F

12 NCAC 02F .0101 General Provisions {#sec-12-ncac-02f-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0101}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02F .0102 Purpose {#sec-12-ncac-02f-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0102}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02F .0103 Responsibilities {#sec-12-ncac-02f-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0103}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02F .0104 Organization {#sec-12-ncac-02f-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0104}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02F .0201 General Provisions {#sec-12-ncac-02f-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0201}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02F .0202 Purposes {#sec-12-ncac-02f-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0202}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02F .0203 Responsibility {#sec-12-ncac-02f-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0203}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02F .0301 General Provisions {#sec-12-ncac-02f-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0301}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02F .0302 Purpose {#sec-12-ncac-02f-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0302}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02F .0303 Responsibilities {#sec-12-ncac-02f-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0303}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02F .0401 General Provisions {#sec-12-ncac-02f-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0401}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02F .0402 Purpose and Responsibilities {#sec-12-ncac-02f-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0402}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.
12 NCAC 02F .0403 Organization {#sec-12-ncac-02f-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02F .0403}

History

  • Status: repealed
  • Repealed Eff. April 1, 1981.

Subchapter G

12 NCAC 02G .0201 Filing Manual {#sec-12-ncac-02g-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0201}

History

  • Status: repealed
  • Authority G.S. 114-2; 150A-59; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. March 15, 1980
  • Repealed Eff. July 1, 1982.
12 NCAC 02G .0202 Filing of Rules {#sec-12-ncac-02g-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0202}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-58; 150A-59; 150A-60; 150A-61; 150A-63
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0203 Certification of Rulemaking Form {#sec-12-ncac-02g-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0203}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-58; 150A-59; 150A-60; 150A-61; 150A-63
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0204 Acceptance of Rules Filed {#sec-12-ncac-02g-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0204}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-58; 150A-59; 150A-60; 150A-61; 150A-63
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0205 Filing Repeal of Rules: Acceptance {#sec-12-ncac-02g-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0205}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-58; 150A-59; 150A-60; 150A-61; 150A-63
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0206 Certification of Repeal of Rule Form {#sec-12-ncac-02g-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0206}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-58; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. March 15, 1980
  • Repealed Eff. July 1, 1982.
12 NCAC 02G .0207 Filing Temporary Rules: Amendments: Repeals {#sec-12-ncac-02g-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0207}

History

  • Status: repealed
  • Authority G.S. 150A-13; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0208 Acceptance of Temporary Actions Filed {#sec-12-ncac-02g-.0208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0208}

History

  • Status: repealed
  • Authority G.S. 150A-13; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0209 Certification of Rulemaking Form {#sec-12-ncac-02g-.0209 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0209}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-13; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. April 15, 1980; March 15, 1980
  • Repealed Eff. July 1, 1982.
12 NCAC 02G .0210 Statutory Termination of Emergency Actions {#sec-12-ncac-02g-.0210 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0210}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-13; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. April 15, 1980; March 15, 1980
  • Repealed Eff. July 1, 1982.
12 NCAC 02G .0211 Delegation of Authority for Adopting Rules {#sec-12-ncac-02g-.0211 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0211}

History

  • Status: repealed
  • Authority G.S. 150A-60
  • Eff. March 15, 1980
  • Repealed Eff. July 1, 1982.
12 NCAC 02G .0212 Apa Coordinators {#sec-12-ncac-02g-.0212 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0212}

History

  • Status: repealed
  • Authority G.S. 150A-11(1); 150A-60
  • Eff. March 15, 1980
  • Amended Eff. July 1, 1982
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0213 Agency Responsibility {#sec-12-ncac-02g-.0213 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0213}

History

  • Status: repealed
  • Authority G.S. 150A-11(1); 150A-60
  • Eff. March 15, 1980
  • Amended Eff. July 1, 1982
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0214 Agency Responsibility in Recodification {#sec-12-ncac-02g-.0214 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0214}

History

  • Status: repealed
  • Authority G.S. 150A-11(1); 150A-60
  • Eff. March 15, 1980
  • Amended Eff. July 1, 1982
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0301 Codification System {#sec-12-ncac-02g-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0301}

History

  • Status: repealed
  • Authority G.S. 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0302 Title Subdivision {#sec-12-ncac-02g-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0302}

History

  • Status: repealed
  • Authority G.S. 150A-60
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. March 15, 1980
  • Repealed Eff. July 1, 1982.
12 NCAC 02G .0303 Chapter Subdivision (repealed) {#sec-12-ncac-02g-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0303}

History

  • Status: repealed
  • Authority G.S. 150A-60; 150A-63(c)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0304 Subchapter Subdivision (repealed) {#sec-12-ncac-02g-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0304}

History

  • Status: repealed
  • Authority G.S. 150A-60; 150A-63(c)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0305 Section Subdivision (repealed) {#sec-12-ncac-02g-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0305}

History

  • Status: repealed
  • Authority G.S. 150A-60; 150A-63(c)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0306 Rule (repealed) {#sec-12-ncac-02g-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0306}

History

  • Status: repealed
  • Authority G.S. 150A-60; 150A-63(c)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0307 Subsections of Rules (repealed) {#sec-12-ncac-02g-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0307}

History

  • Status: repealed
  • Authority G.S. 150A-60; 150A-63(c)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0308 Listing Within Rules (repealed) {#sec-12-ncac-02g-.0308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0308}

History

  • Status: repealed
  • Authority G.S. 150A-60; 150A-63(c)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0309 Filing Summary Rules (repealed) {#sec-12-ncac-02g-.0309 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0309}

History

  • Status: repealed
  • Authority G.S. 150A-60; 150A-63(c)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0310 Repealed Rules (repealed) {#sec-12-ncac-02g-.0310 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0310}

History

  • Status: repealed
  • Authority G.S. 150A-60; 150A-63(c)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0401 Copies of Rules Filed {#sec-12-ncac-02g-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0401}

History

  • Status: repealed
  • Authority G.S. 150A-13; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0402 General Typing Instructions {#sec-12-ncac-02g-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0402}

History

  • Status: repealed
  • Authority G.S. 150A-13; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0403 Introductory Statement: Citation: Catchline: Action {#sec-12-ncac-02g-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0403}

History

  • Status: repealed
  • Authority G.S. 150A-13; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0404 Body of Rules {#sec-12-ncac-02g-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0404}

History

  • Status: repealed
  • Authority G.S. 150A-13; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0405 Illustrations {#sec-12-ncac-02g-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0405}

History

  • Status: repealed
  • Authority G.S. 150A-13; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0406 History Note {#sec-12-ncac-02g-.0406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0406}

History

  • Status: repealed
  • Authority G.S. 150A-13; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0407 History Note: Temporary Rules: Amendments: Repeals {#sec-12-ncac-02g-.0407 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0407}

History

  • Status: repealed
  • Authority G.S. 150A-13; 150A-60
  • Eff. February 1, 1976
  • Amended Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0408 Filing Repealed Rules {#sec-12-ncac-02g-.0408 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0408}

History

  • Status: repealed
  • Authority G.S. 150A-60
  • Eff. March 1, 1977
  • Readopted Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0409 Examples of New Rules: Amendments: or Repeals {#sec-12-ncac-02g-.0409 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0409}

History

  • Status: repealed
  • Authority G.S. 150A-60
  • Eff. March 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. March 15, 1980
  • Repealed Eff. July 1, 1982.
12 NCAC 02G .0410 Key Points to Remember in Rule Filing {#sec-12-ncac-02g-.0410 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0410}

History

  • Status: repealed
  • Authority G.S. 150A-60
  • Eff. March 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. March 15, 1980
  • Repealed Eff. July 1, 1982.
12 NCAC 02G .0411 Arrc Objections Noted in Rules {#sec-12-ncac-02g-.0411 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0411}

History

  • Status: repealed
  • Authority G.S. 150A-63.1
  • Eff. April 15, 1980
  • Amended Eff. July 1, 1982
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0501 Purpose {#sec-12-ncac-02g-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0501}

History

  • Status: repealed
  • Filed as an Emergency Rule Eff. September 26, 1977, for a Period of 120 Days to Expire on
  • January 24, 1978
  • Authority G.S. 150A-60
  • Made Permanent at Readoption Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0502 Filing Procedures {#sec-12-ncac-02g-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0502}

History

  • Status: repealed
  • Filed as an Emergency Rule Eff. September 26, 1977, for a Period of 120 Days to Expire on
  • January 24, 1978
  • Authority G.S. 150A-60
  • Made Permanent at Readoption Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0503 General Typing Instructions {#sec-12-ncac-02g-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0503}

History

  • Status: repealed
  • Filed as an Emergency Rule Eff. September 26, 1977, for a Period of 120 Days to Expire on
  • January 24, 1978
  • Authority G.S. 150A-60
  • Made Permanent at Readoption Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0504 Obtaining Copies of Rules {#sec-12-ncac-02g-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0504}

History

  • Status: repealed
  • Filed as an Emergency Rule Eff. September 26, 1977, for a Period of 120 Days to Expire on
  • January 24, 1978
  • Authority G.S. 150A-60
  • Made Permanent at Readoption Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 02G .0505 Procedures Following Validation {#sec-12-ncac-02g-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02G .0505}

History

  • Status: repealed
  • Filed as an Emergency Rule Eff. September 26, 1977, for a Period of 120 Days to Expire on
  • January 24, 1978
  • Authority G.S. 150A-60
  • Made Permanent at Readoption Eff. January 5, 1978
  • Amended Eff. July 1, 1982; March 15, 1980
  • Repealed Eff. November 1, 1984.

Subchapter H

12 NCAC 02H .0101 Notice to Be Filed with Clerk of Court {#sec-12-ncac-02h-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0101}

Upon the filing of a petition for registration, the persons named upon whom process is served, and all who may come in and become parties, and those who may subsequently be made parties, shall, if nonresidents of the county within which the land described in the petition is situated, file with the clerk of court their post office address, the name and post office address of an agent or attorney residing in said county to whom notices may be given, by mail or otherwise. If such persons do not designate some such person as agent or attorney, notices sent by mail to them shall be deemed to have been given and received in time to give them opportunity to appear for the purposes for which such notices were given.

A copy of this Rule shall be delivered to all such persons at the time summons is served upon them or at the time they come in and become parties.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0102 Deposit and Surety Requirements {#sec-12-ncac-02h-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0102}

A petitioner for registration, upon filing his petition, shall deposit with the clerk of the superior court the sum of twenty-five dollars ($25.00). If any surplus remains after the requirements of Chapter 90, Public Laws of 1913, are met, it shall be returned to the petitioner. If such deposit be not sufficient to meet such requirements pending the proceeding, a further deposit, or further deposits, shall be made upon notice by the clerk. If any person shall file an answer, interplea, or other pleading, raising any issue of law or fact, the clerk of the superior court, upon motion, may order an undertaking with good and sufficient surety, in an amount to be fixed by the clerk, to be void upon condition that the obligor pay to the adverse party all such costs as such adverse party may have incurred on the hearing and determination of such issue or issues; provided, that the undertaking prescribed shall not be required in the case of any such petitioner or person filing answer, interplea, or other pleading, as the case may be, who shall satisfy the clerk that he is unable to comply with this requirement.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0103 Duties of Examiner of Titles {#sec-12-ncac-02h-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0103}

Any examiner of titles appointed under said statute may examine titles assigned to him in any county. He shall not appear in or have any connection with any proceeding instituted under the provisions of this act, and he shall be subject to removal at will by the clerk or judge of the superior court.

No attorney for any petitioner shall appear or act for or in behalf of any respondent or adverse claimant.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0104 Change of Attorneys {#sec-12-ncac-02h-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0104}

If a party shall change his attorney, pending any proceeding, the name of the new attorney shall be substituted on the docket for that of the former attorney, and notice thereof given to any adverse party; and until such notice of the change of an attorney all notices given to or by the attorney first appointed shall be considered in all respects as notice to or from his client, except in cases in which by law the notice is required to be given to the party personally: provided, however, that nothing in these rules shall be construed to prevent any party interested from appearing for himself in the manner provided by law; and in such cases the party so appearing shall be subject to the same rules that are or may be provided for attorneys in like cases, so far as the same are applicable.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0105 Appointment of Guardian Ad Litem {#sec-12-ncac-02h-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0105}

In addition to making appointments of guardians ad litem in cases required by statute, whenever it shall appear that a minor is interested in any land in regard to which proceedings are pending, a guardian ad litem for such minor may be appointed by the court at its discretion, with or without notice.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0106 Custody of Depositions {#sec-12-ncac-02h-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0106}

All depositions shall be opened and filed by the clerk when received. The deposition shall afterwards be in his custody or that of the examiner of titles, subject to the order of the court, as other documents in the case; and if not read on the trial by the party taking it, it may be used by any other party, if he sees fit, he paying the costs of taking the same.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0107 Notice Requirements {#sec-12-ncac-02h-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0107}

Whenever, in any case, a notice given in accordance with Chapter 90 of the Public Laws of 1913 or the general forms of procedure, or otherwise, is held by the court to be insufficient, it may order such further notice as the case requires.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0108 Amendment of Pleadings and Survey of Property {#sec-12-ncac-02h-.0108 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0108}

The court may in its discretion allow the parties to amend their pleadings, and order or permit pleadings to be filed, notices to be given, or any proceedings to be had, at other times than are provided in these rules; and may in all cases impose just and reasonable terms upon the parties. The clerk may order a preliminary survey for the purpose of obtaining metes and bounds descriptions upon request of any party on the grounds that he is unable to state the metes and bounds, upon such terms as are just and reasonable. When such order is issued by the clerk, if it appears that title to any portion of the land sought to be registered is in dispute, the survey and plat shall designate such areas and no permanent markers shall be placed thereon until the filing of the examiners report and the entry of decree of title.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0109 Hearing Before Examiner of Titles {#sec-12-ncac-02h-.0109 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0109}

When a petition shall be referred to an examiner he shall assign a time and place for hearing, which shall be not less than 10 days thereafter, and give notice thereof by mail not less than five days before such time, to the petitioners, and all persons mentioned in the petition as having or claiming any interest, or their attorneys or agents. In the meantime the examiner shall have examined the record title, and prepared a tentative abstract, which shall be exhibited to the petitioners and persons interested attending such hearing.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0110 Preliminary Report of Examiner {#sec-12-ncac-02h-.0110 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0110}

When the examiner has prepared a draft copy of his report he shall notify the parties or their attorneys of the time and place, not less than three days before such time, when and where they may attend to hear the same, and suggest such alterations, if any, as they may think proper; upon consideration whereof, the examiner will finally settle the draft of his report.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0111 Filing of Exceptions to Report {#sec-12-ncac-02h-.0111 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0111}

Upon the filing of the examiner's report, the clerk shall forthwith give notice thereof by mail to all the parties interested, or their agents or attorneys, notifying them to appear on or before a day named, not less than seven days from the date of mailing such notices, and file written objections, if any they have, to said report. No exception to the report shall be allowed, without a special order of the court, founded upon a showing of mistake, surprise, or excusable neglect, unless such exception is filed within the time stated in the notice.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0112 Notice of and Argument Pursuant to Exceptions {#sec-12-ncac-02h-.0112 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0112}

When exceptions shall be taken to the report notice thereof shall forthwith be given by mail to the adverse parties, their agents or attorneys, and the exceptions shall then be set down for argument. In every case the exceptions shall briefly and clearly specify the matter excepted to, and the cause thereof; and the exceptions shall not be valid as to any matter not so specified.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0113 Date of Transcription of Decree {#sec-12-ncac-02h-.0113 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0113}

The date of the transcription of the decree into the registration book shall be taken to be the time at which the register of deeds receives the certified copy of the decree for transcription; and he shall minute upon such copy and also in the registration book the day, hour and minute of its reception.

Every new certificate shall bear date as of the time of reception noted on the instrument of transfer.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0114 Method of Conveyance {#sec-12-ncac-02h-.0114 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0114}

When a deed of conveyance of registered land is presented to the clerk of the court in the county where the land lies, such clerk shall not receive the same or direct its registration and the issue of the certificate of title for such land to the grantee, unless the grantor being unmarried or having no husband or wife to join, it contains a statement to that effect.

The deed shall be received and a new certificate shall be entered and issued when a deed of transfer is executed as aforesaid and acknowledged in the manner now required in this state for recording in the office of the register of deeds by the registered owner, conveying in fee simple the entire parcel of land registered under one certificate of title, and there is presented to such register of deeds the registered owner's duplicate certificate: provided, the land conveyed by such deed is described in the same terms as in the grantor's original certificate; and provided, the grantor or grantors in such deed are the same as the registered owner or owners in such certificate.

If the land conveyed by such deed is not described in the same terms as in the certificate of title to such land, or the grantor or grantors in such deed are not the same as the registered owner or owners, the clerk of the court shall not receive the deed or direct the issue of a new certificate.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0115 Partial Conveyance of Registered Land {#sec-12-ncac-02h-.0115 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0115}

When the owner of registered land transfers a part of it, his transfer shall be accompanied by a plan, showing the land transferred, which shall be signed by such owner and by his grantee as correct.

The register of deeds shall enter and issue a certificate for such part to the grantee, when the description of the land in the deed of transfer agrees with such plan; and shall enter and issue to the grantor a certificate of the remainder described as in the surrendered certificate, omitting the land transferred, the plan and certificate of which shall be referred to.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0116 Notation of Termination of Leases {#sec-12-ncac-02h-.0116 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0116}

When a lease has been noted upon the registration book and upon the owner's duplicate certificate as an incumbrance, and the lease has been determined by lapse of time, merger, surrender, reentry or otherwise, the register of deeds may note its determination in the registration book, and upon the owner's duplicate certificate, upon the surrender of the lessee's duplicate certificate, if such certificate has been issued; but if no such certificate has been issued, the register of deeds shall note the determination of the lease only upon the written consent of the lessee, or order of the court as hereinafter provided.

In case the lessee neglects or refuses to give his consent in writing to the entry of a memorandum of the determination of the lease, the owner of the registered land or any person interested in it may apply to the clerk of the superior court for an order directing the entry of such memorandum, and upon notice of such application to the lessee and other persons interested, and the production of such evidence as shall satisfy the court that the lease has terminated, the court shall make such order.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0117 Oath Pursuant to Letters of Attorney {#sec-12-ncac-02h-.0117 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0117}

When an instrument executed by an attorney under letters of attorney duly acknowledged is filed or presented for registration, the attorney shall make and subscribe an oath before a justice of the peace, or other officer empowered to administer oaths, that the principal was alive at the date of the execution of the instrument, and that the power was then in force and not revoked.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0118 Correction of Name on Certificate {#sec-12-ncac-02h-.0118 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0118}

A registered owner or mortgagee whose name has been changed since the entry of a certificate, either by marriage, divorce or adoption, or whose name was by mistake wrongly expressed in the certificate, may, upon satisfying the court of the fact, surrender the certificate and take out a new one in his new or correct name; or a memorandum of such change or correction may by order of the court be entered on the certificate.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0201 Availability of Forms {#sec-12-ncac-02h-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0201}

(a) Copies of the forms to be used in Torrens proceedings are available upon request by writing to:

Office of the Attorney General

Public Lands and Contracts Section

Post Office Box 629

Raleigh, North Carolina 27602

(b) A charge of twenty-five cents ($0.25) per page shall be made to defray the cost of copying the requested forms.

History

  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02H .0202 Description of Forms {#sec-12-ncac-02h-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02H .0202}

History

  • Status: repealed
  • Authority G.S. 43-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

Subchapter I

12 NCAC 02I .0101 Location {#sec-12-ncac-02i-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0101}

The administrative office for the commissioning of company police officers and the certification of company police agencies is located in the office of the Criminal Justice Standards Division. Correspondence shall be directed to:

Company Police Administrator

Company Police Program

Post Office Drawer 310

Raleigh, North Carolina 27602-0310

Telephone: (919) 733-2530

History

  • Authority G.S. 74E; 143A-54
  • Eff. February 1, 1976
  • Amended Eff. September 9, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. August 1, 1996; August 2, 1993; November 1, 1984; September 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0102 Purposes {#sec-12-ncac-02i-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0102}

The purposes of the Attorney General's Office in granting company police commissions are:

(1) to allow those organizations and corporations described in G.S. 74E-2 to apply for certification as a company police agency;

(2) to allow those organizations and corporations described in G.S. 74E-2 to employ individuals commissioned as company police officers pursuant to G.S. 74E-6; and

(3) to ensure the integrity, proficiency, and competence of company police officers and establishing minimum standards for obtaining and maintaining both company police officer commissions and company police agency certifications.

History

  • Authority G.S. 74E-2; 74E-6
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. August 2, 1993; November 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0103 Administrative Staff {#sec-12-ncac-02i-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0103}

The administrative staff responsible for company police commissions and company police agency certifications consists of assigned personnel from the Criminal Justice Standards Division. The duties of this staff are to carry out the policies of the law and regulations herein and to actively police the individuals already commissioned as company police officers to assure compliance with the law in all respects.

History

  • Authority G.S. 74E-4
  • Eff. February 1, 1976
  • Amended Eff. September 9, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. August 2, 1993; November 1, 1984; September 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0104 Definitions {#sec-12-ncac-02i-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0104}

In addition to any definitions set forth in G.S. 74E, the following definitions will apply throughout this Chapter, unless the context clearly defines otherwise:

(1) "Agency Records" means those records specified pursuant to this Subchapter and that documentation required to be maintained and compiled under the requirements of G.S. 74E.

(2) "Badge" means a shield bearing the title of "Company Police Officer" or "Railroad Police", "Campus Police," or "Special Police" and the name of the agency and the officer's issued identification card provided by the Attorney General which identifies the individual as a company police officer.

(3) "Calendar Year" shall be defined solely for the purpose of in-service training as a period beginning January 1 and ending on December 31.

(4) "Certification" means:

(a) company police officers - the authority granted by the North Carolina Criminal Justice Education and Training Standards Commission to those individuals who meet the minimum requirements as a sworn law enforcement officer pursuant to Title 12, Chapter 9B of the North Carolina Administrative Code.

(b) company police agency - the authority granted by the Attorney General to those Company Police agencies who meet the minimum requirements established for such agencies pursuant to this Chapter.

(5) "Commission" as it pertains to criminal offenses, means a finding by an administrative body, pursuant to the provisions of G.S. 150B, that a person performed the acts necessary to satisfy the elements of a specified criminal offense.

(6) "Commissioned company police officer" means those individuals authorized by the Company Police Administrator to exercise all law enforcement powers within the constraints provided in G.S. 74E and classified as a company police officer pursuant to G.S. 74E-6(b).

(7) "Company Police Administrator" means the individual who serves as the head of the administrative staff to whom the Attorney General designated the authority to act upon any company police agency commission or company police agency certification pursuant to the provisions of G.S. 74E and the rules promulgated thereunder. Said administrator is responsible for the individual officer's or agency's compliance with the Company Police Act.

(8) "Company Police Agency" means any public or private entity, association, corporation or company as defined by G.S. 74E-2(b).

(9) "Conviction or convicted" means and includes, for the purposes of this Chapter, the entry of:

(a) a plea of guilty;

(b) a verdict or finding of guilty by a jury, judge, magistrate, or other duly constituted, established, and recognized adjudicating body, tribunal, or official, either civilian or military; or

(c) a plea of no contest, nolo contendere, or the equivalent.

(10) "Department Head" means the chief administrator of any company police agency. The Department Head is to include the Company Police Chief or a designee formally appointed in writing as the Department Head, and who shall hold and maintain a commission as a company police officer.

(11) "Felony" means any offense designated a felony by the laws, statutes, or ordinances of the jurisdiction in which the offense occurred.

(12) "High School" means a school accredited as a high school by:

(a) the Department or Board of Education of the state in which the high school is located; or

(b) the recognized regional accrediting body; or

(c) the state university of the state in which the high school is located.

(13) "In-Service Training" means any and all training as prescribed in 12 NCAC 2I .0202 which must be satisfactorily completed by company police officers, in accordance with the standards established therein, during each full calendar year of commissioning as a company police officer.

(14) "Insurance Carrier" means any entity, corporation, company or professional association as defined in G.S. 58 and who is authorized by the North Carolina Commissioner of Insurance to do business in North Carolina as an insurance carrier or underwriter.

(15) "Misdemeanor" means those criminal offenses not classified under the laws, statutes, or ordinances as felonies. Misdemeanor offenses are classified by the Criminal Justice Education and Training Standards Commission.

(a) "Class A Misdemeanor" is defined in 12 NCAC 9A .0103(20)(a).

(b) "Class B Misdemeanor" is defined in 12 NCAC 9A .0103(20)(b).

(16) "On Duty" means that period of time which the commissioned company police officer is being compensated for his or her services by the officer's employer and ending once the officer's compensation for his duties terminates.

History

  • Authority G.S. 74E
  • Eff. August 2, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0201 Eligibility {#sec-12-ncac-02i-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0201}

History

  • Status: repealed
  • Authority G.S. 74A-1; 143A-54
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 02I .0202 Minimum Standards for Company Police Officers {#sec-12-ncac-02i-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0202}

(a) Every company police officer must meet the following requirements to obtain and maintain a company police commission:

(1) be a citizen of the United States;

(2) be a high school graduate (means graduation from a high school that meets the compulsory attendance requirements in the jurisdiction in which the school is located), or have passed the General Educational Development Test indicating high school equivalency; A specific exception to this educational requirement is granted to:

(A) an applicant who was the holder of a valid company police commission on June 30, 1972; or

(B) an applicant certified as a law enforcement officer by the Criminal Justice Education and Training Standards Commission on March 14, 1973.

In either case, the exception is not applicable if the applicant has had more than a 12 month break in service;

(3) have attained a score of not less than 80 percent on a written examination of basic knowledge of laws of arrest, search, and investigation, and of the rules in this Subchapter to be administered by a representative of the North Carolina Department of Justice. The Company Police Administrator shall advise in writing of test dates and sites at least five days prior to the examination. In the event an applicant fails to successfully complete the examination, only one re-test is allowed. Upon an applicant's failure to successfully complete the second test, the applicant must successfully complete certified Basic Law Enforcement Training coursework prior to re-testing, pursuant to 12 NCAC 09C .0402;

(4) meet the minimum standards for criminal justice officers established by the North Carolina Criminal Justice Education and Training Standards Commission, appearing in Title 12, Chapter 09 of the North Carolina Administrative Code; which Standards are hereby incorporated by reference, and shall automatically include any later amendments and editions of the referenced material;

(5) applicants who do not hold general certification as a law enforcement officer issued by the Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission, must submit to and successfully complete a polygraph examination administered by the State Bureau of Investigation;

(6) be at least 20 years of age;

(7) have produced a negative result on a drug screen administered according to the following specifications:

(A) the drug screen shall be a urine test consisting of an initial screening test using an immunoassay method and a confirmatory test on an initial positive test result using a gas chromatography mass spectrometry (GC/MS) or other initial and confirmatory tests as may, from time to time, be authorized or mandated by the Department of Health and Human Services for Federal Workplace Drug Testing Programs;

(B) a chain of custody shall be maintained on the specimen from collection to the eventual discarding of the specimen;

(C) the drugs whose use shall be tested for shall include cannabis, cocaine, phencyclidine (PCP), opiates and amphetamines or their metabolites;

(D) the test threshold values established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs are hereby incorporated by reference, and shall automatically include any later amendments and editions of the referenced material;

(E) the test conducted shall be not more than 60 days old, calculated from the time when the laboratory reports the results to the date of employment;

(F) the laboratory conducting the test must be nationally certified for federal workplace drug testing programs by the Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Prevention, Division of Workplace Programs, and must adhere to applicable federal rules, regulations and guidelines pertaining to the handling, testing, storage and preservation of samples, except that individual agencies may specify other drugs to be tested for in addition to those drugs set out in Part (C) of this Subparagraph; and

(G) every agency head shall arrange for a licensed physician to review drug tests reported by the laboratory;

(8) notify the Company Police Administrator in writing of all criminal offenses for which the officer is arrested for or charged with, pleads no contest, pleads guilty, or is found guilty of, as well as all Domestic Violence Orders (50B) which are issued by a judicial official. This includes all criminal offenses except minor traffic infraction offenses and specifically includes any offense of Driving Under the Influence (DUI) or Driving While Impaired (DWI). A minor traffic offense is defined, for purposes of this Subparagraph as an offense where the maximum punishment allowable is 60 days or less. The notifications required for an arrest or charge must specify the nature of the offense and date of arrest or charge. Further notifications required must specify the nature of the offense, the court in which the case was handled and the date of the conviction or adjudication. All notifications must be received by the Company Police Administrator within five days of the date of the arrest or charge and case disposition. Applicants and officers required to notify the Company Police Administrator under this Subparagraph shall also make the same notification to their Department Head within five days of the date the case was disposed of in court. However, the notification to the Company Police Administrator does not excuse the officer from making an independent notification otherwise required by either the Criminal Justice Education and Training Standards Commission or the Sheriffs' Education and Training Standards Commission. The notifications required by this Subparagraph are required while the application is pending as well as, subsequent to a commission being issued;

(9) be of good moral character within the meaning of: In re Willis, 288 N.C. 1, 215 S.E.2d 771 appeal dismissed 423 U.S. 076 (1975; State v. Harris, 216 N.C. 746, 6 S.E.2d 854 (1940); In re Legg, 325 N.C. 658, 386 S.E.2d 174 (1989); In re Applicants for License, 143 N.C. 1, 55 S.E. 635 (1906); In re Dillingham, 188 N.C. 162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E.2d 647 (1983); and their progeny;

(10) not have committed or been convicted of a crime or crimes as specified in 12 NCAC 02I .0212(a) or (b), such that the applicant would be ineligible for commissioning as a Company Police officer; and

(11) submit to a background investigation as specified in 12 NCAC 02I .0205.

(b) The requirements of this Rule shall apply to all applications for commission and shall also be applicable at all times during which the officer holds commission with the company police program.

History

  • Authority G.S. 74E-4
  • Eff. February 1, 1976
  • Amended Eff. September 9, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; September 1, 1981
  • Temporary Amendment Eff. March 23, 1990 for a Period of 180 Days to Expire on September 20, 1990
  • Amended Eff. January 1, 2008; August 2, 1993; September 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0203 Application for Company Police Agency {#sec-12-ncac-02i-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0203}

(a) Each company police agency shall complete and submit to the Company Police Administrator the following items and documentation:

(1) an application form;

(2) articles of incorporation or other agency originating documentation, which specifies the agency's law enforcement functions;

(3) names and addresses for all corporate officers and directors;

(4) a copy of the company police agency's insurance policy, or if self insured, the certificate of self insurance (applicable to non-public entities only);

(5) a criminal history record check on each corporate officer and director of the corporation through the clerk of superior court in each county where the individual resided, maintained a residence and place of business over a five year period prior to such application. However, this Subparagraph does not require the agency to submit a criminal history record check on currently commissioned company police officers;

(6) the appropriate fees as required by 12 NCAC 02I .0206;

(7) a listing of the names and addresses of all employing businesses and institutions for which the company police agency has contracted with to provide services;

(8) notification form signed by the local District Attorney, Sheriff and if applicable, local Police Chief, for the location where the primary business will be conducted stating the agency's intent to operate as a company police agency;

(9) at least two affidavits signed by other individuals within the community who have personal knowledge stating that the corporate officers and directors of the corporation are of good moral character as defined in 12 NCAC 02I .0202(a)(9).

(b) Upon submission of the information required in Paragraph (a) of this Rule, the Company Police Administrator may issue a probationary agency certification which will remain in effect for six months, during which time the agency must obtain certification of at least one company police officer and secure a contract for police services with at least one entity. If the company police agency has not otherwise violated the provisions of the rules in this Subchapter or of G.S. 74E, the agency shall be awarded agency certification at the end of the six month period. Should the agency fail to employ at least one company police officer and at least one contract for services, the probationary certification shall automatically expire at the end of the six month period. Upon re-application, the agency shall resubmit all materials required pursuant to this Rule.

History

  • Authority G.S. 74E-4
  • Eff. August 2, 1993
  • Amended Eff. February 1, 2008
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0204 Application for Company Police Officer {#sec-12-ncac-02i-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0204}

The application for a company police officer must contain:

(1) a written request from the Department Head of the company, agency or institution requesting that a company police commission be issued to the applicant. An oral request will not satisfy this requirement; and

(2) if the applicant holds general certification issued by the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission, the application must contain the following:

(a) Medical History Statement (Form F-1);

(b) Medical Examination Report (Form F-2);

(c) Two complete fingerprint cards;

(d) Two 1" x 1-1/4" (non-polaroid) close-up color photographs not more than three months old;

(e) Proof of a negative drug screen as specified in 12 NCAC 2I .0202(7);

(f) Proof of successful completion of all in-service training requirements specified by the North Carolina Criminal Justice Education and Training Standards Commission, which standards are hereby incorporated by reference and shall automatically include any later amendments and editions of the referenced material;

(g) Authorization for release of records (CP-1);

(h) Drug Screen Consent Form (CP-2);

(i) Appropriate fees as specified in 12 NCAC 2I .0206;

(j) An appropriate background investigation as specified in 12 NCAC 2I .0205 (Form F-8); and

(k) Personal History Statement (Form F-3) not more than three months old; or

(3) if the applicant does not hold general certification, the application must contain the following:

(a) Medical History Statement (Form F-1);

(b) Medical Examination Report (Form F-2);

(c) Personal History Statement not more than three months old, (Form F-3);

(d) Report of Qualification Appraisal Interview (Form F-4);

(e) Proof of High School graduation or GED;

(f) Two complete fingerprint cards;

(g) Two 1" x 1-1/4" (non-polaroid) close-up color photographs not more than three months old;

(h) Proof of satisfactory completion of a Criminal Justice Education and Training Standards Commission accredited basic law enforcement training course;

(i) Proof of a negative drug screen;

(j) Authorization for Release of Records (CP-1);

(k) Drug Screen Consent Form (CP-2);

(l) Appropriate fees as specified in 12 NCAC 2I .0206; and

(m) Background investigation as specified in 12 NCAC 2I .0205 (Form F-8); or

(4) if the applicant is currently a commissioned officer under G.S. 74A at the time these rules are adopted, the applicant shall only be required to submit the following documentation to the Company Police Administrator to be postmarked no later than August 31, 1993:

(a) Application Form;

(b) Two Photo Identification Cards;

(c) Initial Application Fee.

All other documentation currently valid in the commissioned officer's file will be transferred to a new file for the officer under Chapter 74E.

History

  • Authority G.S. 74E
  • Eff. February 1, 1976
  • Amended Eff. September 9, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. August 2, 1993; September 1, 1990; November 1, 1984; September 1, 1981
  • Recodified from 12 NCAC 2I .0203 Eff. August 2, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0205 Background Investigation {#sec-12-ncac-02i-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0205}

(a) Any company police agency contemplating the commissioning of an applicant as a company police officer shall, prior to employment, complete a background investigation on such applicant. The investigation shall examine the applicant's character traits and habits relevant to performance as a company police officer and shall determine whether the applicant is of good moral character as referred to in G.S. 17C-10(c). The investigation shall be submitted to the Company Police Administrator utilizing the Commission-approved Form F-8 (Summary of Background Investigation).

(b) Prior to the investigation, the applicant shall complete a Personal History Statement (Form F-3) to provide a basis for the investigation.

(c) The Department Head shall conduct the applicant's background investigation. The Department Head shall document the results of the investigation and shall include in the report of investigation:

(1) biographical data;

(2) family data;

(3) scholastic data;

(4) employment data;

(5) interviews with the applicant's references; and

(6) a summary of the Department Head's findings and conclusions regarding the applicant's moral character as referred to in G.S. 17C-10(c).

(d) The agency may use the method of documenting the results of the background investigation it deems most appropriate to its needs. However, the company police program's "Summary of Background Investigation" form shall be used as a guide for minimum information collected and recorded by the investigator.

(e) In the event that an individual applying for commission as a company police officer is the Department Head, he shall not conduct his own background investigation. The investigation must be performed by a city or county agency in the county where the company police agency has residency, or contract with a private investigator.

History

  • Authority G.S. 74E-4
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. August 2, 1993; November 1, 1984
  • Recodified from 12 NCAC 2I .0204 Eff. August 2, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0206 Fee {#sec-12-ncac-02i-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0206}

(a) Upon notification that an application for a company police agency certification or a company police officer commission has been approved, the applicant shall forward a certified check or money order made out to the North Carolina Department of Justice to the:

Company Police Administrator

Company Police Program

Post Office Drawer 310

Raleigh, North Carolina 27602-0310

Telephone: (919) 733-2530

(b) The following fees shall be due and payable prior to the issuance of company police agency certification or a company police officer commission.

(1) Application for certification as a company police agency - $250.00.

(2) Annual renewal of certification as a company police agency - $200.00.

(3) Application for reinstatement of certification as a company police agency - $1,000.00.

(4) Application for commission as a company police officer - $100.00.

(5) Annual renewal of commission as a company police officer - $50.00.

(6) Application for reinstatement of commission as a company police officer - $150.00.

(c) Currently commissioned company police officers will be required to submit the Application for Commission as a company police officer fee as set forth in Subparagraph (b)(4) of this Rule.

History

  • Authority G.S. 74E-12
  • Eff. February 1, 1976
  • Amended Eff. September 9, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. August 2, 1993; September 1, 1981
  • Recodified from 12 NCAC 2I .0205 Eff. August 2, 1993
  • Amended Eff. August 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0207 Bond {#sec-12-ncac-02i-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0207}

History

  • Status: repealed
  • Authority G.S. 74A-2; 143A-54
  • Eff. February 1, 1976
  • Amended Eff. September 9, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. September 1, 1981
  • Repealed Eff. November 1, 1984
  • Recodified from 12 NCAC 2I .0206 Eff. August 2, 1993.
12 NCAC 02I .0208 Oath {#sec-12-ncac-02i-.0208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0208}

Every company police officer so appointed shall, before entering upon the duties of his office, take and subscribe to the oath provided for in G.S. 11-11 before an officer authorized by G.S. 11-7.1 to administer oaths, and shall forward a copy of the executed oath within 10 days of the day on which the oath is subscribed to the Company Police Administrator.

History

  • Authority G.S. 11-11; 74E-4
  • Eff. February 1, 1976
  • Amended Eff. September 9, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. August 2, 1993; November 1, 1984; September 1, 1981
  • Recodified from 12 NCAC 2I .0207 Eff. August 2, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0209 Specifications for the Use of Required Forms {#sec-12-ncac-02i-.0209 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0209}

History

  • Status: repealed
  • Authority G.S. 74A-1
  • Eff. January 5, 1978
  • Amended Eff. September 1, 1981
  • Repealed Eff. November 1, 1984
  • Recodified from 12 NCAC 2I .0208 Eff. August 2, 1993.
12 NCAC 02I .0210 Liability Insurance {#sec-12-ncac-02i-.0210 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0210}

(a) Any applicant for a non-public company police agency certification must file with the Company Police Administrator, either a copy of the liability insurance policy or a certificate of self insurance, at the following address:

Company Police Administrator

Company Police Program

Post Office Drawer 310

Raleigh, North Carolina 27602-0310

Telephone: (919) 716-6472

(b) The insurance carrier shall deliver any notice of cancellation of liability insurance by certified mail, return receipt requested, to the following address:

Company Police Administrator

Company Police Program

Post Office Drawer 310

Raleigh, North Carolina 27602-0310

Telephone: (919) 716-6472

(c) The insurance carrier shall deliver a declaration of insurance statement by certified mail, return receipt requested, at the beginning of each new insurance coverage period, to the following address:

Company Police Administrator

Company Police Program

Post Office Drawer 310

Raleigh, North Carolina 27602-0310

History

  • Authority G.S. 74E-3; 74E-4
  • Eff. August 2, 1993
  • Amended Eff. January 1, 2008; August 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0211 Suspension, Revocation or Denial of Agency Certification {#sec-12-ncac-02i-.0211 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0211}

(a) A company police agency certification may be suspended, revoked or denied upon a finding that the agency has:

(1) failed to pay any required fees;

(2) failed to produce or maintain a copy of a liability insurance policy or a certificate of self insurance;

(3) failed to meet any of the requirements for certification provided in 12 NCAC 02I .0203;

(4) failed to provide any of the required documentation pursuant to 12 NCAC 02I .0203;

(5) failed to allow for the reasonable inspection of the Company Police agency records pursuant to G.S. 74E-4(3);

(6) failed to ensure compliance by the agency's company police officers of any and all in-service training requirements as specified by 12 NCAC 09E .0100;

(7) failed to submit the required in-service training compliance reports as required by 12 NCAC 09E .0100;

(8) failed to submit any and all reports, notification or other information required by the rules in this Subchapter;

(9) knowingly made a material misrepresentation of any information required for certification or commissioning from the Company Police Administrator or the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission;

(10) knowingly and willfully by any means of false pretense, deception, defraudation, misrepresentation or cheating whatsoever, obtained or attempted to obtain credit, training, certification or commissioning from the Company Police Administrator, the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission;

(11) aided another in obtaining or attempting to obtain credit, training, or certification from the Company Police Administrator, the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission by means of deceit, fraud or misrepresentation or cheating;

(12) failed to ensure that any employee not commissioned as a company police officer is not violating a prohibition set forth in 12 NCAC 02I .0304; or

(13) fails to maintain at least one employee who is commissioned, pursuant to 12 NCAC 02I .0203(b), and to maintain at least one contract for services.

(b) An agency whose certification has been suspended, revoked, or denied may appeal the action in accordance with the provisions of G.S. 150B.

History

  • Authority G.S. 74E-4
  • Eff. August 2, 1993
  • Amended Eff. January 1, 2008
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0212 Suspension, Revocation, or Denial of Officer Commission {#sec-12-ncac-02i-.0212 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0212}

(a) A company police commission shall be revoked or denied upon a finding that the officer has committed or been convicted of:

(1) any felony unless granted an unconditional pardon of innocence; or

(2) any crime for which the authorized punishment could have been imprisonment for more than two years.

(b) The Attorney General, or his designee, may revoke, suspend, or deny the commission of a company police officer when the Company Police Administrator finds that the applicant for commission or the commissioned company police officer has committed or been convicted of:

(1) a crime or unlawful act as defined in 12 NCAC 09A .0103(23)(b) as a Class B misdemeanor and which occurred after the date of initial certification;

(2) a crime or unlawful act as defined in 12 NCAC 09A .0103(23)(b) as a Class B misdemeanor within a five-year period prior to the date of certification;

(3) four or more crimes or unlawful acts as defined in 12 NCAC 09A .0103(23)(b) as Class B misdemeanors regardless of the date of commission or conviction;

(4) four or more crimes or unlawful acts as defined in 12 NCAC 09A .0103(23)(a) as a Class A misdemeanor, each of which occurred after the date of initial certification; or

(5) any combination of four or more crimes or unlawful acts defined in 12 NCAC 09A .0103(23)(a) as a Class A misdemeanor or defined in 12 NCAC 09A .0103(23)(b) as a Class B misdemeanor regardless of the date of commission or conviction.

(c) A company police commission shall be revoked or denied upon a finding that:

(1) the officer lacks good moral character as referred to in G.S. 17C-10(c) and 12 NCAC 02I .0202(a)(9);

(2) the officer fails to meet any of the required standards as specified in 12 NCAC 02I .0202;

(3) the officer has been terminated from employment with the company police agency for which the officer is commissioned or is no longer employed with such company police agency;

(4) the officer has committed any act prohibited by 12 NCAC 02I .0304;

(5) the certification of the company police agency with which the officer is commissioned is terminated, suspended or revoked.

(6) knowingly made a material misrepresentation of any information required for commissioning or certification from the Company Police Administrator, the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs' Education and Training Standards Commission; or

(7) has been denied certification or had such certification suspended or revoked by the North Carolina Criminal Justice Education and Training Standards Commission, the North Carolina Sheriff's Education and Training Standards Commission or a similar North Carolina, out of state or federal approving, certifying or licensing agency.

(d) An officer whose certification has been suspended, revoked, or denied may appeal the action in accordance with the provisions of G.S. 150B.

History

  • Authority G.S. 74E-4
  • Eff. August 2, 1993
  • Amended Eff. January 1, 2008
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0213 Period of Suspension, Revocation or Denial {#sec-12-ncac-02i-.0213 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0213}

(a) When the Attorney General, or his designee, suspends or denies the commission of a company police officer, the period of sanction shall not be less than three years. However, the Attorney General, or his designee, may either reduce or suspend the period of sanction under 12 NCAC 2I .0212(b) or substitute a period of probation in lieu of suspension of a commission following an administrative hearing, where the cause of sanction is:

(1) commission or conviction of a crime other than those listed in Paragraph (a) of Rule .0212;

(2) refusal to submit to the applicant or lateral transferee drug screen required by 12 NCAC 2I .0202(7);

(3) production of a positive result on a drug screen reported to the Company Police Administrator where the positive result cannot be explained to the Company Police Administrator's satisfaction;

(4) material misrepresentation of any information required for company police commissioning;

(5) obtaining, attempting to obtain, aiding another person to obtain, or aiding another person attempting to obtain credit, training or commissioning as a company police officer by any means of false pretense, deception, defraudation, misrepresentation or cheating; or

(6) failure to make either of the notifications as required by 12 NCAC 2I .0202(8).

(b) When the Attorney General, or his designee, suspends or denies the commission of a company police officer, the period of sanction shall be continued so long as the stated deficiency, infraction, or impairment continues to exist, where the cause of sanction is:

(1) failure to meet or satisfy all basic training requirements;

(2) failure to meet or maintain the minimum standards of employment specified in 12 NCAC 2I .0202(4);

(3) discharge from a criminal justice agency for impairment of physical or mental capabilities; or

(4) failure to meet the in-service training requirements as prescribed by the North Carolina Criminal Justice Education and Training Standards Commission.

History

  • Authority G.S. 74E-4
  • Eff. August 2, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0214 Summary Suspensions {#sec-12-ncac-02i-.0214 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0214}

(a) The Company Police Administrator, through designation by the Attorney General, may summarily suspend the commission of the company police officer before the commencement of proceedings for suspension or revocation of the certification when, in the opinion of the Company Police Administrator, the public health, safety, or welfare requires this emergency action of summary suspension. The Attorney General has determined that the following conditions specifically affect the public health, safety, or welfare, and therefore, the Company Police Administrator may utilize summary suspension when:

(1) the person has committed or been convicted of a violation of the criminal code which would require a revocation or denial of certification;

(2) the person has been convicted of any felony (unless granted an unconditional pardon of innocence) or any crime for which the authorized punishment could have been imprisonment for more than two years;

(3) the commissioned company police officer fails to complete the minimum in-service training requirements as prescribed in Title 12, Chapter 09 of the North Carolina Administrative Code; or

(4) the commissioned company police officer produces a positive result on a drug screening administered as set out in 12 NCAC 02I .0202(7).

(b) A summary suspension is effective on the date specified in the order of the summary suspension or upon the service of the certified copy of the order at the last known address of the person, whichever is later. The summary suspension shall remain in effect during the proceedings.

(c) Upon verbal notification by the Company Police Administrator that the company police commission of any officer is being summarily suspended by written order, the Department Head of the company police agency shall take such steps as are necessary to ensure that the officer does not perform duties requiring a company police commission through the Attorney General.

History

  • Authority G.S. 74E-4; 74E-10; 150B-3
  • Eff. August 2, 1993
  • Amended Eff. January 1, 2008
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0301 Tenure {#sec-12-ncac-02i-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0301}

(a) A company police agency certification shall remain in effect until:

(1) The Attorney General directs termination; or

(2) The required liability insurance is terminated or suspended by the agency's insurance carrier.

(b) A company police officer commission shall remain in effect until:

(1) The Attorney General directs termination;

(2) The company police officer ceases to be employed by a company police agency;

(3) The agency by which the officer is employed no longer exists;

(4) Evidence is presented that the person has committed an act which would have originally caused denial of the application or an act prohibited by Rule .0304 of this Section; or

(5) Either the Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs' Education and Training Standards Commission suspends or revokes an officer's certification for cause.

History

  • Authority G.S. 74E-4; 74E-6; 74E-10
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. January 1, 2008; August 2, 1993; September 1, 1990; November 1, 1984; September 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0302 Civil Liability {#sec-12-ncac-02i-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0302}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(a)(3)] Eff. September 1, 1979, for a Period of 120 Days
  • to Expire on December 30, 1979
  • Statutory Authority G.S. 74A-2; 143A-54
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Made Permanent Eff. December 28, 1979
  • Repealed Eff. November 1, 1984.
12 NCAC 02I .0303 Authority {#sec-12-ncac-02i-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0303}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(a)(3)] Eff. September 1, 1979, for a Period of 120 Days
  • to Expire on December 30, 1979
  • Statutory Authority G.S. 74A-2; 143A-54
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Made Permanent Eff. December 28, 1979
  • Repealed Eff. November 1, 1984.
12 NCAC 02I .0304 Prohibited Acts {#sec-12-ncac-02i-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0304}

In addition to the prohibited acts set forth elsewhere in the rules in this Subchapter and in G.S. Chapter 74E, a company police officer shall not commit the following acts:

(1) use of excess force while in the performance of his official duties;

(2) carrying a concealed weapon except:

(a) when on his own business property or at home;

(b) when employed as a company police officer, while on duty and in compliance with G.S. 14-269(b)(4) and G.S. 74E-6; or

(c) when off duty and in compliance with G.S. 14-269(b)(5).

(3) activating or operating a red light in or on any vehicle in this State unless such vehicle is exempted from the provisions of G.S. 20-130.1(b);

(4) activating or operating a blue light in or on any vehicle in this State except when operating a motor vehicle used primarily by company or railroad police in the performance of his official duties:

(a) when in property jurisdiction limitations specifically described under G.S. 74E-6;

(b) when in continuous or immediate pursuit of a person for an offense committed upon real property owned by or in the possession or control of his employer or real property or in the possession and control of a person who has contracted with the employer to provide on-site police security personnel services for the property; or

(c) during the transportation of an arrestee, which the company police agency has taken into custody;

(5) activating or operating a siren when operating any motor vehicle used primarily by any company police agency in the performance of his official duties when outside of the property jurisdiction limitations specifically described under G.S. 74E-6 unless in immediate and continuous pursuit;

(6) representing in any manner at any time that he is a federal, state, county, or municipal law enforcement officer, while in performance of official duties as a company police officer within his territorial jurisdiction.

(7) impeding traffic, stopping motorists or pedestrians, or in any manner imposing or attempting to impose his will upon another person as police authority unless:

(a) he is on the property specifically described under G.S. 74E-6; or

(b) when in immediate and continuous pursuit of any person for an offense which occurred within the property jurisdiction limitations specifically described under G.S. 74E-6;

(8) using or attempting to use authority granted under a company police commission pursuant to this Subchapter outside the political boundaries of North Carolina; or

(9) violating Rule .0306 of this Section.

History

  • Authority G.S. 74E-4; 74E-6; 74E-8
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. January 1, 2008; August 2, 1993; November 1, 1984; April 9, 1980; December 28, 1979
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0305 Transfers {#sec-12-ncac-02i-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0305}

(a) No individual commissioned as a company police officer may transfer his company police commission from one employing company police agency to another.

(b) Prior to receiving a company police commission, a person who has been previously commissioned as a company police officer shall meet all those requirements for transfer set out in 12 NCAC 09C .0306(b).

(c) Officers previously commissioned who were not previously required to meet the educational or basic training requirements are not required to meet such requirements when applying for commission to another agency with less than a 12-month break in law enforcement service. If an individual has been separated from a company police agency for greater than 12 months, that individual must comply with the rules for application for company police commission.

History

  • Authority G.S. 74E-4; 74E-6
  • Eff. February 1, 1976
  • Amended Eff. September 9, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. February 1, 2008; August 2, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02I .0306 Badges, Uniforms, Vehicles and Officer Identification {#sec-12-ncac-02i-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0306}

History

  • Authority G.S. 74E-4; 74E-7
  • Eff. August 2, 1993
  • Amended Eff. February 1, 2008
  • Agency did not readopt rule pursuant to G.S. 150B-21.3A by RRC established deadline of January 31, 2018.
12 NCAC 02I .0401 Administrative Hearing Procedures {#sec-12-ncac-02i-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0401}

History

  • Status: repealed
  • Authority G.S. 150B-14(a)(4); 150B-38(h)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. August 1, 1988; November 1, 1984; September 1, 1981
  • Repealed Eff. September 1, 1990.
12 NCAC 02I .0402 Contested Cases {#sec-12-ncac-02i-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0402}

History

  • Status: repealed
  • Authority G.S. 74A; 150A
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. September 1, 1981
  • Repealed Eff. November 1, 1984.
12 NCAC 02I .0501 Agency Retention of Records of Commission {#sec-12-ncac-02i-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02I .0501}

Each company police agency shall place in personnel files the official notification from the Company Police Administrator of either probationary or general certification for each company police officer employed or appointed by the agency. The personnel files shall contain the following documents:

(1) Commission certificate;

(2) Probationary or general certification;

(3) Oath of office;

(4) Firearms qualification (annual F-9A forms);

(5) Annual state mandated in-service verification (ex: certificates, transcripts, etc.);

(6) Notice of appointment (form F-5A); and

(7) Notice of separation (form F-5B).

History

  • Authority G.S. 74E-4
  • Eff. February 1, 2008
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.

Subchapter J

12 NCAC 02J .0101 Location {#sec-12-ncac-02j-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0101}

The administrative office for the commissioning of campus police officers and the certification of campus police agencies is located in the office of the Criminal Justice Standards Division. Correspondence shall be directed to:

Campus Police Administrator

Campus Police Program

9001 Mail Service Center

Raleigh, North Carolina 27699-9001

Telephone: (919) 716-6470

History

  • Authority G.S. 74G-4
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0102 Purposes {#sec-12-ncac-02j-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0102}

The purposes of the Attorney General's Office in granting campus police commissions are:

(1) to allow those private institutions of higher education described in G.S. 74G-2 to apply for certification as a campus police agency;

(2) to allow those private institutions of higher education described in G.S. 74G-2 to employ individuals commissioned as campus police officers pursuant to G.S. 74G-6; and

(3) to ensure the integrity, proficiency, and competence of campus police officers and to establish, in addition to the requirements set out in G.S. 74G-8, minimum standards for obtaining and maintaining both campus police officer commissions and campus police agency certifications.

History

  • Authority G.S. 74G-2; 74G-6
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0103 Administrative Staff {#sec-12-ncac-02j-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0103}

The administrative staff responsible for campus police commissions and campus police agency certifications consists of assigned personnel from the Criminal Justice Standards Division. The duties of this staff are to carry out the policies of the law and regulations herein and to actively police the individuals already commissioned as campus police officers to assure compliance with the law in all respects.

History

  • Authority G.S. 74G-4
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0104 Definitions {#sec-12-ncac-02j-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0104}

In addition to any definitions set forth in G.S. 74G, the following definitions will apply throughout this Chapter, unless the context clearly defines otherwise:

(1) "Agency Records" means those records specified pursuant to this Subchapter and that documentation required to be maintained and compiled under the requirements of G.S. 74G.

(2) "Badge" means a shield bearing the title of "Campus Police" and the name of the certified campus police agency and the officer's issued identification card provided by the Attorney General which identifies the individual as a campus police officer.

(3) "Calendar Year" shall be defined solely for the purpose of in-service training as a period beginning January 1 and ending on December 31.

(4) "Certification" means:

(a) campus police officers - the authority granted by the North Carolina Criminal Justice Education and Training Standards Commission to those individuals who meet the minimum requirements as a sworn law enforcement officer pursuant to Title 12, Chapter 9B of the North Carolina Administrative Code.

(b) campus police agency - the authority granted by the Attorney General to those Campus Police agencies who meet the minimum requirements established for such agencies pursuant to this Chapter.

(5) "Commission" as it pertains to criminal offenses, means a finding by an administrative body, pursuant to the provisions of G.S. 150B, that a person performed the acts necessary to satisfy the elements of a specified criminal offense.

(6) "Commissioned Campus Police Officer" means those individuals authorized by the Campus Police Administrator to exercise all law enforcement powers within the constraints provided in G.S. 74G and classified as a campus police officer pursuant to G.S. 74G-6(b).

(7) "Campus Police Administrator" means the individual who serves as the head of the administrative staff to whom the Attorney General designated the authority to act upon any campus police agency commission or campus police agency certification pursuant to the provisions of G.S. 74G and the rules promulgated thereunder. Said administrator is responsible for the individual officer's or agency's compliance with the Campus Police Act.

(8) "Campus Police Agency" means any police agency certified as a campus police agency on a public or private campus or institution of higher learning, as defined by G.S. 74G-2(b).

(9) "Conviction or convicted" means and includes, for the purposes of this Chapter, the entry of:

(a) a plea of guilty;

(b) a verdict or finding of guilty by a jury, judge, magistrate, or other duly constituted, established, and recognized adjudicating body, tribunal, or official, either civilian or military; or

(c) a plea of no contest, nolo contendere, or the equivalent.

(10) "Department Head" means the chief administrator of any campus police agency. The Department Head is to include the Campus Police Chief or a designee formally appointed in writing as the Department Head, and who shall hold and maintain a commission as a campus police officer.

(11) "Felony" means any offense designated a felony by the laws, statutes, or ordinances of the jurisdiction in which the offense occurred.

(12) "High School" means a school accredited as a high school by:

(a) the Department or Board of Education of the state in which the high school is located; or

(b) the recognized regional accrediting body; or

(c) the state university of the state in which the high school is located.

(13) "In-Service Training" means any and all training as prescribed in 12 NCAC 2J .0201 which must be satisfactorily completed by campus police officers, in accordance with the standards established therein, during each full calendar year of commissioning as a campus police officer.

(14) "Insurance Carrier" means any entity, corporation, campus or professional association as defined in G.S. 58 and who is authorized by the North Carolina Commissioner of Insurance to do business in North Carolina as an insurance carrier or underwriter.

(15) "Misdemeanor" means those criminal offenses not classified under the laws, statutes, or ordinances as felonies. Misdemeanor offenses are classified by the Criminal Justice Education and Training Standards Commission.

(a) "Class A Misdemeanor" is defined in 12 NCAC 9A .0103(22)(a).

(b) "Class B Misdemeanor" is defined in 12 NCAC 9A .0103(22)(b).

(16) "On Duty" means that period of time which the commissioned campus police officer is being compensated for his or her services by the officer's employer and ending once the officer's compensation for his duties terminates.

History

  • Authority G.S. 74G-4
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0201 Minimum Standards for Campus Police Officers {#sec-12-ncac-02j-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0201}

Every campus police officer must meet the following requirements to obtain and maintain a campus police commission:

(1) be a citizen of the United States;

(2) be a high school graduate or have passed the General Educational Development Test indicating high school equivalency. A specific exception to this educational requirement is granted to:

(a) an applicant who was the holder of a valid campus police commission on June 30, 1972; or

(b) an applicant properly certified as a law enforcement officer by the Criminal Justice Education and Training Standards Commission on March 14, 1973.

In either case, the exception will not be applicable if the applicant has had more than a 12 month break in service;

(3) have attained a score of not less than 80 percent on a written examination of basic knowledge of laws of arrest, search, and investigation, and of these Rules to be administered by a representative of the North Carolina Department of Justice;

Note: All examination questions will be based on the book Arrest, Search, and Investigation as published by and available from the Institute of Government, the University of North Carolina at Chapel Hill, Chapel Hill, North Carolina 27514, and these Rules.

Applicants will be advised in writing of test dates and sites at least five days prior to the examination. In the event an applicant fails to successfully complete the examination, only one re-test will be allowed. Upon an applicant's failure to successfully complete the second test, the applicant must successfully complete accredited Basic Law Enforcement Training coursework prior to re-testing;

(4) meet the minimum standards for criminal justice officers established by the North Carolina Criminal Justice Education and Training Standards Commission, appearing in Title 12, Chapter 9 of the North Carolina Administrative Code; which Standards are hereby incorporated by reference, and shall automatically include any later amendments and editions of the referenced material;

(5) applicants who do not hold general certification as a law enforcement officer issued by the Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission, must submit to and successfully complete a polygraph examination administered by the State Bureau of Investigation;

(6) be at least 20 years of age;

(7) have produced a negative result on a drug screen administered according to the following specifications:

(a) the drug screen shall be a urine test consisting of an initial screening test using an immunoassay method and a confirmatory test on an initial positive test result using a gas chromatography mass spectrometry (GC/MS) or other reliable initial and confirmatory tests as may, from time to time, be authorized or mandated by the Department of Health and Human Services for Federal Workplace Drug Testing Programs;

(b) a chain of custody shall be maintained on the specimen from collection to the eventual discarding of the specimen;

(c) the drugs whose use shall be tested for shall include at least cannabis, cocaine, phencyclidine (PCP), opiates and amphetamines or their metabolites;

(d) the test threshold values established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs are hereby incorporated by reference, and shall automatically include any later amendments and editions of the referenced material. Copies of this publication may be inspected at the office of the agency:

Campus Police Program

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Raleigh, North Carolina 27602

and may be obtained at no charge from the office of the agency:

Campus Police Program

North Carolina Department of Justice

Post Office Box 310

Raleigh, North Carolina 27602

(e) the test conducted shall be not more than 60 days old, calculated from the time when the laboratory reports the results to the date of employment;

(f) the laboratory conducting the test must be certified for federal workplace drug testing programs, and must adhere to applicable federal rules, regulations and guidelines pertaining to the handling, testing, storage and preservation of samples, except that individual agencies may specify other drugs to be tested for in addition to those drugs set out in Item (7)(c) of this Rule; and

(g) every agency head shall be responsible for making adequate arrangements for the services of a Medical Review officer (MRO) for the purpose of review of drug tests reported by the laboratory and such officer shall be a licensed physician;

(8) notify the Campus Police Administrator in writing of all criminal offenses for which the officer is arrested, pleads no contest, pleads guilty, or is found guilty of. This shall include all criminal offenses except minor traffic offenses and shall specifically include any offense of Driving Under the Influence (DUI) or Driving While Impaired (DWI). A minor traffic offense is defined, for purposes of this Item, as an offense where the maximum punishment allowable is 60 days or less. The notifications required must specify the nature of the offense, the court in which the case was handled and the date of the conviction if applicable. The notifications must be received by the Campus Police Administrator within 30 days of the date of the case disposition. Applicants and officers required to notify the Campus Police Administrator under this Item shall also make the same notification to their Department Head within 20 days of the date the case was disposed of in court. However, the notification to the Campus Police Administrator does not excuse the officer from making an independent notification otherwise required by either the Criminal Justice Education and Training Standards Commission or the Sheriffs' Education and Training Standards Commission. The notifications required by this section shall be required while the application is pending as well as subsequent to a commission being issued;

(9) be of good moral character as referred to in G.S. 17C-10(c); and

(10) not have committed or been convicted of a crime or crimes as specified in 12 NCAC 2J .0209(b), such that the applicant would be ineligible for commissioning as a Campus Police officer.

History

  • Authority G.S. 74G-4
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0202 Application for Campus Police Agency {#sec-12-ncac-02j-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0202}

Each campus police agency shall complete and submit to the Campus Police Administrator the following items and documentation:

(1) an application form;

(2) articles of incorporation or other agency originating documentation, which specifies the agency's law enforcement functions;

(3) names and addresses for all corporate officers and directors;

(4) a copy of the campus police agency's insurance policy, or if self insured, the certificate of self insurance (applicable to non-public entities only);

(5) a criminal history record check on each corporate officer and director of the corporation through the clerk of superior court in each county where the individual resided or maintained a residence over a five year period prior to such application. However, this Rule does not require the agency to submit a criminal history record check on currently commissioned campus police officers;

(6) the appropriate fees as required by 12 NCAC 2J .0205;

(7) a listing of the names and addresses of all institutions for which the campus police agency has contracted with to provide services.

History

  • Authority G.S. 74G-4
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0203 Application for Campus Police Officer {#sec-12-ncac-02j-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0203}

The application for a campus police officer must contain:

(1) a written request from the Department Head of the campus, or agency requesting that a campus police commission be issued to the applicant. An oral request will not satisfy this requirement; and

(2) if the applicant holds general certification issued by the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission, the application must contain the following:

(a) Medical History Statement (Form F-1);

(b) Medical Examination Report (Form F-2);

(c) Two complete fingerprint cards;

(d) One digital photograph of applicant, not more than three months old, in JPEG format to be emailed to the Campus Police Administrator for picture I.D;

(e) Proof of a negative drug screen as specified in 12 NCAC 2J .0201(7);

(f) Proof of successful completion of all in-service training requirements specified by the North Carolina Criminal Justice Education and Training Standards Commission, which standards are hereby incorporated by reference and shall automatically include any later amendments and editions of the referenced material. Copies of these standards may be inspected at the office of the agency:

Campus Police Program

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Raleigh, North Carolina 27602

and may be obtained at no charge from the office of the agency:

Campus Police Program

North Carolina Department of Justice

Post Office Box 310

Raleigh, North Carolina 27602

(g) Authorization for release of records (CP-1);

(h) Drug Screen Consent Form (CP-2);

(i) Appropriate fees as specified in 12 NCAC 2J .0205;

(j) An appropriate background investigation as specified in 12 NCAC 2J .0204 (Form F-8); and

(k) Personal History Statement (Form F-3) not more than three months old;

(3) if the applicant does not hold general certification, the application must contain the following:

(a) Medical History Statement (Form F-1);

(b) Medical Examination Report (Form F-2);

(c) Personal History Statement not more than three months old, (Form F-3);

(d) Report of Qualification Appraisal Interview (Form F-4);

(e) Proof of High School graduation or GED;

(f) Two complete fingerprint cards;

(g) One digital photograph of applicant, not more than three months old, in JPEG format to be emailed to the Campus Police Administrator for picture I.D;

(h) Proof of satisfactory completion of a Criminal Justice Education and Training Standards Commission accredited basic law enforcement training course;

(i) Proof of a negative drug screen;

(j) Authorization for Release of Records (CP-1);

(k) Drug Screen Consent Form (CP-2);

(l) Appropriate fees as specified in 12 NCAC 2J .0205; and

(m) Background investigation as specified in 12 NCAC 2J .0204 (Form F-8); or

(4) if the applicant is commissioned as a company police officer or a campus police officer under Chapter 74E all documentation not specifically listed in this rule, but contained in the commissioned officer's file, shall be transferred to a new file for the officer under Chapter 74G.

History

  • Authority G.S. 74G-4
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0204 Background Investigation {#sec-12-ncac-02j-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0204}

(a) Any campus police agency contemplating the commissioning of an applicant as a campus police officer shall, prior to employment, complete a background investigation on such applicant. The investigation shall examine the applicant's character traits and habits relevant to performance as a campus police officer and shall determine whether the applicant is of good moral character as referred to in G.S. 17C-10(c). The campus police agency shall submit the investigation to the Campus Police Administrator utilizing the Commission provided Form F-8 (Summary of Background Investigation).

(b) Prior to the investigation, the applicant shall complete a Personal History Statement (Form F-3) to provide a basis for the investigation.

(c) The Department Head shall conduct the applicant's background investigation. The Department Head shall document the results of the investigation and shall include in the report of investigation:

(1) biographical data;

(2) family data;

(3) scholastic data;

(4) employment data;

(5) interviews with the applicant's references; and

(6) a summary of the Department Head's findings and conclusions regarding the applicant's moral character as referred to in G.S. 17C-10(c).

(d) The agency may use the method of documenting the results of the background investigation it deems most appropriate to its needs. However, the campus police program's "Summary of Background Investigation" form shall be used as a guide for minimum information collected and recorded by the investigator.

(e) In the event that an individual applying for commission as a campus police officer is the Department Head, he shall not conduct his own background investigation. The investigation must be performed by a city or county agency in the county where the campus police agency has jurisdiction, or contract with a private investigator.

History

  • Authority G.S. 74G-4
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0205 Fee {#sec-12-ncac-02j-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0205}

(a) Upon notification that an application for a campus police agency certification or a campus police officer commission has been approved, the applicant shall forward a certified check or money order made out to the North Carolina Department of Justice to the:

Campus Police Administrator

Campus Police Program

9001 Mail Service Center

Raleigh, North Carolina 27699-9001

Telephone: (919) 716-6470

(b) The following fees shall be due and payable prior to the issuance of campus police agency certification or a campus police officer commission.

(1) Application for certification as a campus police agency - $250.00.

(2) Annual renewal of certification as a campus police agency - $200.00.

(3) Application for reinstatement of certification as a campus police agency - $1,000.00.

(4) Application for commission as a campus police officer - $100.00.

(5) Annual renewal of commission as a campus police officer - $50.00.

(6) Application for reinstatement of commission as a campus police officer - $150.00.

(c) Currently commissioned campus police officers will be required to submit the Application for Commission as a campus police officer fee as set forth in Subparagraph (b)(4) of this Rule.

History

  • Authority G.S. 74G-12
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0206 Oath {#sec-12-ncac-02j-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0206}

Every campus police officer so appointed shall, before entering upon the duties of his office, take and subscribe to the oath for law enforcement officers, provided for in G.S. 11-11 before an officer authorized by G.S. 11-7.1 to administer oaths, and shall forward a copy of the executed oath within 10 days of the day on which the oath is subscribed to the Campus Police Administrator.

History

  • Authority G.S. 11-11; 74G-6
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0207 Liability Insurance {#sec-12-ncac-02j-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0207}

(a) Any applicant for a non-public campus police agency certification must file with the Campus Police Administrator, either a copy of the liability insurance policy or a certificate of self insurance, at the following address:

Campus Police Administrator

Campus Police Program

9001 Mail Service Center

Raleigh, North Carolina 27699-9001

Telephone: (919) 716-6470

(b) The campus police agency shall deliver any notice of cancellation by an insurance carrier by certified mail, return receipt requested, to the following address:

Campus Police Administrator

Campus Police Program

9001 Mail Service Center

Raleigh, North Carolina 27699-9001

Telephone: (919) 716-6470

History

  • Authority G.S. 74G-3; 74G-4
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0208 Suspension, Revocation or Denial of Agency Certification {#sec-12-ncac-02j-.0208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0208}

(a) A campus police agency certification may be suspended, revoked or denied upon a finding that the agency has:

(1) failed to pay any required fees;

(2) failed to produce or maintain a copy of a liability insurance policy or a certificate of self insurance;

(3) failed to provide all of the required documentation pursuant to 12 NCAC 2J .0202;

(4) failed to allow for the reasonable inspection of the Campus Police agency records pursuant to G.S. 74G-4(3);

(5) failed to ensure compliance by the agency's campus police officers with all in-service training requirements as specified by 12 NCAC 9E .0100;

(6) failed to submit the required in-service training compliance reports as required by 12 NCAC 9E .0100;

(7) failed to submit all reports, notification or other information required or requested by the Campus Police Administrator according to Chapter 74G or these Rules;

(8) knowingly made a material misrepresentation of any information required for certification or commissioning from the Campus Police Administrator or the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission;

(9) knowingly and willfully by any means of false pretense, deception, defraudation, misrepresentation or cheating whatsoever, obtained or attempted to obtain credit, training, certification or commissioning from the Campus Police Administrator of the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission;

(10) aided another in obtaining or attempting to obtain credit, training, or certification from the Campus Police Administrator, the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission by means of deceit, fraud or misrepresenta­tion or cheating; or

(11) failed to ensure that any employee not commissioned as a campus police officer is not violating a prohibition set forth in 12 NCAC 2J .0302.

(b) An agency whose certification has been suspended, revoked, or denied may appeal the action in accordance with the provisions of G.S. 150B.

History

  • Authority G.S. 74G-4
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0209 Suspension, Revocation, or Denial of Officer Commission {#sec-12-ncac-02j-.0209 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0209}

(a) A campus police commission shall be revoked or denied upon a finding that the officer has committed or been convicted of:

(1) any felony (unless pardoned by the President of the United States or a state Governor); or

(2) any crime for which the authorized punishment could have been imprisonment for more than two years.

(b) The Attorney General, or his designee, may revoke, suspend, or deny the commission of a campus police officer when the Campus Police Administrator finds that the applicant for commission or the commissioned campus police officer has committed or been convicted of:

(1) a crime or unlawful act as defined in 12 NCAC 9A .0103(22)(b) as a Class B misdemeanor and which occurred after the date of initial certification;

(2) a crime or unlawful act as defined in 12 NCAC 9A .0103(22)(b) as a Class B misdemeanor within a five-year period prior to the date of application for certification;

(3) four or more crimes or unlawful acts as defined in 12 NCAC 9A .0103(22)(b) as Class B misdemeanors regardless of the date of commission or conviction;

(4) four or more crimes or unlawful acts as defined in 12 NCAC 9A .0103(22)(a) as a Class A misdemeanor, each of which occurred after the date of initial certification; or

(5) four or more crimes or unlawful acts as defined in 12 NCAC 9A .0103(22)(a) as a Class A misdemeanor except the applicant may be certified if the last conviction or commission occurred more than two years prior to the date of the application for certification.

(c) In addition, a campus police commission shall be revoked or denied upon a finding that the officer:

(1) lacks good moral character as referred to in G.S. 17C-10(c);

(2) fails to meet any of the required minimum standards as specified in 12 NCAC 2J .0203;

(3) has been terminated from employment with the campus police agency for which the officer is commissioned or is no longer employed with such campus police agency;

(4) has committed any act prohibited by 12 NCAC 2J .0302; or

(5) termination, suspension, or revocation of the certification of the campus police agency with which the officer is commissioned.

(d) An officer whose certification has been suspended, revoked, or denied may appeal the action in accordance with the provisions of G.S. 150B.

History

  • Authority G.S. 74G-4
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0210 Period of Suspension, Revocation or Denial {#sec-12-ncac-02j-.0210 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0210}

(a) When the Attorney General, or his designee, suspends or denies the commission of a campus police officer, the period of sanction shall not be less than three years. However, the Attorney General, or his designee, may either reduce or suspend the period of sanction, or substitute a period of probation in lieu of suspension of a commission following an administrative hearing, where the cause of sanction is:

(1) commission or conviction of a crime other than those listed in Paragraph (a) of Rule 12 NCAC 2J .0208;

(2) refusal to submit to the applicant or lateral transferee drug screen required by 12 NCAC 2J .0201(7);

(3) production of a positive result on a drug screen reported to the Campus Police Administrator where the positive result cannot be explained to the Campus Police Administrator's satisfaction;

(4) material misrepresentation of any information required for campus police commissioning;

(5) obtaining, attempting to obtain, aiding another person to obtain, or aiding another person attempting to obtain credit, training or commissioning as a campus police officer by any means of false pretense, deception, defraudation, misrepresentation or cheating; or

(6) failure to make either of the notifications as required by 12 NCAC 2J .0201(8).

(b) When the Attorney General, or his designee, suspends or denies the commission of a campus police officer, the period of sanction shall be continued so long as the stated deficiency, infraction, or impairment continues to exist, where the cause of sanction is:

(1) failure to meet or satisfy all basic training requirements;

(2) failure to meet or maintain the minimum standards of employment specified in 12 NCAC 2J .0201(4);

(3) discharge from a criminal justice agency for impairment of physical or mental capabilities; or

(4) failure to meet the in-service training requirements as prescribed by the North Carolina Criminal Justice Education and Training Standards Commission.

History

  • Authority G.S. 74G-4
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0211 Summary Suspensions {#sec-12-ncac-02j-.0211 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0211}

(a) The Campus Police Administrator, through designation by the Attorney General, may summarily suspend the commission of the campus police officer before the commencement of proceedings for suspension or revocation of the certification when, in the opinion of the Campus Police Administrator, the public health, safety, or welfare requires this emergency action of summary suspension. The Campus Police Administrator has determined that the following conditions specifically affect the public health, safety, or welfare, and therefore, the Campus Police Administrator may utilize summary suspension when:

(1) the person has committed or been convicted of a violation of the criminal code which would require a permanent revocation or denial of certification; or

(2) the commissioned campus police officer fails to satisfactorily complete the minimum in-service training requirements as prescribed in Title 12, Chapter 9 of the North Carolina Administrative Code.

(b) A summary suspension shall be effective on the date specified in the order of the summary suspension or upon the service of the certified copy of the order at the last known address of the person, whichever is later. The summary suspension shall remain in effect during the proceedings.

(c) Upon verbal notification by the Campus Police Administrator that the campus police commission of any officer is being summarily suspended by written order, the Department Head of the campus police agency shall take such steps as are necessary to ensure that the officer does not perform duties requiring a campus police commission through the Attorney General.

History

  • Authority G.S. 74G-4; 74G-10
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0301 Tenure {#sec-12-ncac-02j-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0301}

A campus police officer commission or campus police agency certification shall remain in effect until:

(1) The Attorney General directs termination;

(2) The campus police officer ceases to be employed by a campus police agency;

(3) The required liability insurance is terminated or suspended by the agency's insurance carrier;

(4) The need for a commission no longer exists;

(5) Evidence is presented that the person has committed an act which would have originally caused denial of the application or an act prohibited by Rule .0304 of this Section; or

(6) The Criminal Justice Education and Training Standards Commission suspends or revokes an officer's certification for cause.

History

  • Authority G.S. 74G-4; 74G-6; 74G-10
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0302 Prohibited Acts {#sec-12-ncac-02j-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0302}

In addition to the prohibited acts set forth elsewhere in these Rules and in Chapter 74G, the following acts are prohibited and may result in civil or criminal action or both:

(1) use of excessive force while in the performance of their official duties;

(2) carrying a concealed weapon except:

(a) when on his own business property or at home;

(b) in conformity with G.S. 74G-6;

(3) activating or operating a red light in or on any vehicle in this State unless such vehicle is exempted from the provisions of G.S. 20-130.1(b);

(4) activating or operating a blue light in or on any vehicle in this State except:

(a) when operating a motor vehicle used primarily by campus police in the performance of their official duties;

(b) when in property jurisdiction limitations specifically described under G.S. 74G-6;

(c) when in continuous or immediate pursuit of a person for an offense committed upon real property owned by or in the possession or control of their employer or real property or in the possession and control of a person who has contracted with the employer to provide on-site police security personnel services for the property;

(d) during the transportation of an arrestee, which the campus policy agency has taken into custody;

(5) activating or operating a siren when operating any motor vehicle used primarily by any campus police agency in the performance of their official duties when outside of the property jurisdiction limitations specifically described under G.S. 74G-6 unless in immediate and continuous pursuit;

(6) representing in any manner at any time that the campus police officer is a federal, state, county, or municipal law enforcement officer, unless the campus police officer is dually certified as one of the classifications listed in this Rule;

(7) impeding traffic, stopping motorists or pedestrians, or in any manner imposing or attempting to impose the campus police officer's will upon another person as police authority unless:

(a) the campus police officer is on the property specifically described under G.S. 74G-6; or

(b) when in immediate and continuous pursuit of any person for an offense which occurred within the property jurisdiction limitations specifically described under G.S. 74G-6;

(8) using or attempting to use authority granted under a campus police commission pursuant to this Subchapter outside the political boundaries of North Carolina; or

(9) violating Rule .0304 of this Section.

History

  • Authority G.S. 74G-4; 74G-6
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0303 Transfers {#sec-12-ncac-02j-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0303}

No individual commissioned as a campus police officer can transfer his campus police commission from one employing campus police agency to another.

History

  • Authority G.S. 74G-4; 74G-6
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 02J .0304 Badges, Uniforms, Vehicles and Officer Identification {#sec-12-ncac-02j-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 02J .0304}

All campus police agencies shall comply with the provisions of this rule for badges, vehicles, uniforms, as follows:

(1) Badges:

(a) All campus police officers shall, when on duty, wear a badge bearing the name of the certified campus police agency and the general title of Campus Police.

(b) The badge is to be carried at all times by the campus police officer. The badge shall always be worn in plain view, except in situations where the officer's weapon is concealed under the provisions set forth in Rule .0302 of this Section.

(c) No identification card shall be issued to or possessed by any campus police officer except in the form of identification issued to the officer by the Attorney General.

(2) Uniforms:

(a) All campus police officers shall, when on duty, wear the uniform of the campus police agency unless directed to wear other attire by the Department Head.

(b) When wearing civilian attire, the campus police officer shall comply with 12 NCAC 2I .0304(a).

(c) Those campus police agencies which employ both campus police commissioned and non-commissioned security personnel shall provide the commissioned campus police officers with a uniform of a different color that would distinguish the campus police officer from other employees of the agency.

(d) The uniform of the campus police officer shall bear shoulder patches that contain:

(i) the term "Campus Police,"; and

(ii) the name of the campus police agency.

(3) Vehicles:

(a) Each marked vehicle used by a campus police agency subject to this Rule shall prominently display the agency name and the agency classification of " Campus Police".

(b) The Department Head shall ensure that employees who have not been commissioned as campus police officers do not operate any marked vehicle used by the campus police agency.

(c) The Department Head shall ensure that employees who are not commissioned as a campus police officer do not operate any campus police vehicle with a blue light contained therein.

(d) The Department Head shall ensure that any marked campus police agency vehicle is not operated outside of those property jurisdiction limitations set forth in G.S. 74G-6, unless such operation is performed by an on-duty officer in the performance of his official duties and authorized by the Department Head.

History

  • Authority G.S. 74G-7
  • Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.

Chapter 03 State Bureau of Investigation

Subchapter A

12 NCAC 03A .0101 Name {#sec-12-ncac-03a-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0101}

History

  • Status: repealed
  • Authority G.S. 114-12; 143A-51
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0102 Telephone Number {#sec-12-ncac-03a-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0102}

History

  • Status: repealed
  • Authority G.S. 114-12; 143A-51
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0103 Department of Justice {#sec-12-ncac-03a-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0103}

History

  • Status: repealed
  • Authority G.S. 114-12; 143A-51
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0104 Purposes {#sec-12-ncac-03a-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0104}

History

  • Status: repealed
  • Authority G.S. 114-12; 143A-51
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0201 Identifying Criminals {#sec-12-ncac-03a-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0201}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-113.5; 114-12
  • 114-14; 114-15; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0202 Request by Governor or Attorney General {#sec-12-ncac-03a-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0202}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-113.5; 114-12
  • 114-14; 114-15; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0203 Request for Assistance {#sec-12-ncac-03a-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0203}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-113.5; 114-12
  • 114-14; 114-15; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0204 Original Jurisdiction {#sec-12-ncac-03a-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0204}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-113.5; 114-12
  • 114-14; 114-15; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0301 Director {#sec-12-ncac-03a-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0301}

History

  • Status: repealed
  • Authority G.S. 114-12
  • 114-13; 114-14; 143A-51
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0302 Divisions {#sec-12-ncac-03a-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0302}

History

  • Status: repealed
  • Authority G.S. 114-12
  • 114-13; 114-14; 143A-51
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0303 District Offices {#sec-12-ncac-03a-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0303}

History

  • Status: repealed
  • Authority G.S. 114-12
  • 114-13; 114-14; 143A-51
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0304 Hours {#sec-12-ncac-03a-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0304}

History

  • Status: repealed
  • Authority G.S. 114-12
  • 114-13; 114-14; 143A-51
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0305 District Supervisor {#sec-12-ncac-03a-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0305}

History

  • Status: repealed
  • Authority G.S. 114-12
  • 114-13; 114-14; 143A-51
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0306 Assistant District Supervisor {#sec-12-ncac-03a-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0306}

History

  • Status: repealed
  • Authority G.S. 114-12
  • 114-13; 114-14; 143A-51
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0307 Trainees and Field Agents {#sec-12-ncac-03a-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0307}

History

  • Status: repealed
  • Authority G.S. 114-12
  • 114-13; 114-14; 143A-51
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0401 Personnel Rules in General {#sec-12-ncac-03a-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0401}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0402 General {#sec-12-ncac-03a-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0402}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0403 Appearance {#sec-12-ncac-03a-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0403}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0404 Alcohol and Narcotics {#sec-12-ncac-03a-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0404}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0405 Term of Duty {#sec-12-ncac-03a-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0405}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0406 Firearms {#sec-12-ncac-03a-.0406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0406}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0407 Self Protection {#sec-12-ncac-03a-.0407 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0407}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0408 Credentials {#sec-12-ncac-03a-.0408 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0408}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0409 Unofficial Display of Credentials {#sec-12-ncac-03a-.0409 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0409}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0410 Loss of Credentials {#sec-12-ncac-03a-.0410 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0410}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0411 Use of Title and Authority {#sec-12-ncac-03a-.0411 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0411}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0412 Recommendations {#sec-12-ncac-03a-.0412 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0412}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0413 Parole and Probation Plea {#sec-12-ncac-03a-.0413 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0413}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0414 Court Testimony {#sec-12-ncac-03a-.0414 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0414}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0415 Rewards and Gratuities {#sec-12-ncac-03a-.0415 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0415}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0416 Brutality {#sec-12-ncac-03a-.0416 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0416}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0417 Personal Violations of the Law {#sec-12-ncac-03a-.0417 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0417}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0418 Outside Employment {#sec-12-ncac-03a-.0418 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0418}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0419 Unauthorized Persons {#sec-12-ncac-03a-.0419 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0419}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0420 Merit Increment {#sec-12-ncac-03a-.0420 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0420}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0421 Holiday Premium Pay {#sec-12-ncac-03a-.0421 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0421}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0422 Scheduling Annual Leave {#sec-12-ncac-03a-.0422 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0422}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0423 Emergency Contact: Annual Leave {#sec-12-ncac-03a-.0423 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0423}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0424 Request for Sick Leave {#sec-12-ncac-03a-.0424 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0424}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0425 Administration of Petty Leave {#sec-12-ncac-03a-.0425 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0425}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0426 Work Schedule {#sec-12-ncac-03a-.0426 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0426}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0427 Maintenance of Records {#sec-12-ncac-03a-.0427 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0427}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0428 Request for Compensatory Leave {#sec-12-ncac-03a-.0428 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0428}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0429 Emergency Contact: Compensatory Leave {#sec-12-ncac-03a-.0429 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0429}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0430 Unofficial Court Appearance {#sec-12-ncac-03a-.0430 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0430}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0431 Firearms {#sec-12-ncac-03a-.0431 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0431}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0432 Deviation from Standard Revolver {#sec-12-ncac-03a-.0432 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0432}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0433 Test Bullet {#sec-12-ncac-03a-.0433 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0433}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0434 Maintenance of Weapons {#sec-12-ncac-03a-.0434 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0434}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0435 Revolver Qualification {#sec-12-ncac-03a-.0435 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0435}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0436 Agents Required to Qualify {#sec-12-ncac-03a-.0436 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0436}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0437 Warning Shots {#sec-12-ncac-03a-.0437 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0437}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0438 Exposure of Firearms in Public {#sec-12-ncac-03a-.0438 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0438}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0439 Shoulder Weapons {#sec-12-ncac-03a-.0439 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0439}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0440 Fully Automatic Weapons {#sec-12-ncac-03a-.0440 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0440}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0441 Purchase of Fully Automatic Weapons {#sec-12-ncac-03a-.0441 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0441}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0442 Use of Privately Owned Fully Automatic Weapons {#sec-12-ncac-03a-.0442 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0442}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0443 Gas Weapons {#sec-12-ncac-03a-.0443 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0443}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0444 Agents as Instructors {#sec-12-ncac-03a-.0444 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0444}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0445 Evaluation Rating {#sec-12-ncac-03a-.0445 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0445}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0446 Directorial Discretion {#sec-12-ncac-03a-.0446 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0446}

History

  • Status: repealed
  • Authority G.S. 114-13; 114-14
  • 143A-51; 150A-14
  • Eff. February 1, 1976
  • Amended Eff. September 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0501 Employment Requirements {#sec-12-ncac-03a-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0501}

History

  • Status: repealed
  • Authority G.S. 114-13; 143A-51
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0502 Probation Status {#sec-12-ncac-03a-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0502}

History

  • Status: repealed
  • Authority G.S. 114-13; 143A-51
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0601 Original Jurisdiction {#sec-12-ncac-03a-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0601}

History

  • Status: repealed
  • Authority G.S. 69-3; 114-13; 114-15
  • 143A-51
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0602 Case Determination {#sec-12-ncac-03a-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0602}

History

  • Status: repealed
  • Authority G.S. 69-3; 114-13; 114-15
  • 143A-51
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0603 Opening Cases {#sec-12-ncac-03a-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0603}

History

  • Status: repealed
  • Authority G.S. 69-3; 114-13; 114-15
  • 143A-51
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0604 Fire Investigative Information {#sec-12-ncac-03a-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0604}

History

  • Status: repealed
  • Authority G.S. 69-3; 114-13; 114-15
  • 143A-51
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0605 Advising Insurance Interest {#sec-12-ncac-03a-.0605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0605}

History

  • Status: repealed
  • Authority G.S. 69-3; 114-13; 114-15
  • 143A-51
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0606 Approval for G.s. 69-3 {#sec-12-ncac-03a-.0606 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0606}

History

  • Status: repealed
  • Authority G.S. 69-3; 114-13; 114-15
  • 143A-51
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0701 Report of Fire {#sec-12-ncac-03a-.0701 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0701}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-112(e)
  • 114-15; 114-16; 114-18; 143A-51; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0702 Request for Examination of Physical Evidence {#sec-12-ncac-03a-.0702 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0702}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-112(e)
  • 114-15; 114-16; 114-18; 143A-51; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0703 General Evidence Submitted {#sec-12-ncac-03a-.0703 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0703}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-112(e)
  • 114-15; 114-16; 114-18; 143A-51; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0704 Controlled Substances Analysis {#sec-12-ncac-03a-.0704 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0704}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-112(e)
  • 114-15; 114-16; 114-18; 143A-51; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0705 Mailing Evidence {#sec-12-ncac-03a-.0705 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0705}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-112(e)
  • 114-15; 114-16; 114-18; 143A-51; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0706 Firearms and Tool Marks Evidence {#sec-12-ncac-03a-.0706 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0706}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-112(e)
  • 114-15; 114-16; 114-18; 143A-51; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0707 Document Evidence {#sec-12-ncac-03a-.0707 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0707}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-112(e)
  • 114-15; 114-16; 114-18; 143A-51; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0708 Security for Dignitaries {#sec-12-ncac-03a-.0708 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0708}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-112(e)
  • 114-15; 114-16; 114-18; 143A-51; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0709 Photograph and Fingerprints {#sec-12-ncac-03a-.0709 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0709}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-112(e)
  • 114-15; 114-16; 114-18; 143A-51; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0710 Disposition of Controlled Substances {#sec-12-ncac-03a-.0710 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0710}

History

  • Status: repealed
  • Authority G.S. 69-1; 90-112(e)
  • 114-15; 114-16; 114-18; 143A-51; 143A-52
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0801 Records {#sec-12-ncac-03a-.0801 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0801}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-15
  • 143A-51; 15 USC Sec. .1601
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0802 District Attorneys {#sec-12-ncac-03a-.0802 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0802}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-15
  • 143A-51; 15 USC Sec. .1601
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0803 Report Copies {#sec-12-ncac-03a-.0803 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0803}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-15
  • 143A-51; 15 USC Sec. .1601
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0804 Court Order {#sec-12-ncac-03a-.0804 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0804}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-15
  • 143A-51; 15 USC Sec. .1601
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0805 Background Investigation Request {#sec-12-ncac-03a-.0805 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0805}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-15
  • 143A-51; 15 USC Sec. .1601
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0806 Polygraph {#sec-12-ncac-03a-.0806 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0806}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-15
  • 143A-51; 15 USC Sec. .1601
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.

History

  • Status: repealed
  • Authority G.S. 114-12; 114-15
  • 143A-51; 15 USC Sec. .1601
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0808 Individual's Review of Criminal Record {#sec-12-ncac-03a-.0808 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0808}

History

  • Status: repealed
  • Authority G.S. 114-12 through 114-15
  • 28 C.F.R. Part 20
  • Eff. September 30, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0809 Request for Review: Record of Review {#sec-12-ncac-03a-.0809 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0809}

History

  • Status: repealed
  • Authority G.S. 114-12 through 114-15
  • 28 C.F.R. Part 20
  • Eff. September 30, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 03A .0901 Petition for Rulemaking Hearings {#sec-12-ncac-03a-.0901 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0901}

History

  • Status: repealed
  • Authority G.S. 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .0902 Contents of Petition {#sec-12-ncac-03a-.0902 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0902}

History

  • Status: repealed
  • Authority G.S. 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .0903 Disposition of Petitions {#sec-12-ncac-03a-.0903 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .0903}

History

  • Status: repealed
  • Authority G.S. 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1001 Request to Participate {#sec-12-ncac-03a-.1001 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1001}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-13
  • 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1002 Contents of Request: General Time Limits {#sec-12-ncac-03a-.1002 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1002}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-13
  • 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1003 Receipt of Request: Specific Time Limits {#sec-12-ncac-03a-.1003 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1003}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-13
  • 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1004 Written Submissions {#sec-12-ncac-03a-.1004 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1004}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-13
  • 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1005 Presiding Officer: Powers and Duties {#sec-12-ncac-03a-.1005 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1005}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-13
  • 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1006 Statement of Reasons for Decision {#sec-12-ncac-03a-.1006 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1006}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-13
  • 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1007 Records of Proceedings {#sec-12-ncac-03a-.1007 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1007}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-13
  • 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1008 Adoption of Rule {#sec-12-ncac-03a-.1008 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1008}

History

  • Status: repealed
  • Authority G.S. 114-12; 114-13
  • 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1101 Subjects of Declaratory Rulings {#sec-12-ncac-03a-.1101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1101}

History

  • Status: repealed
  • Authority G.S. 150A-11
  • 150A-16; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1102 Submission of Request for Ruling {#sec-12-ncac-03a-.1102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1102}

History

  • Status: repealed
  • Authority G.S. 150A-11
  • 150A-16; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1103 Disposition of Requests {#sec-12-ncac-03a-.1103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1103}

History

  • Status: repealed
  • Authority G.S. 150A-11
  • 150A-16; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1104 Record of Decision {#sec-12-ncac-03a-.1104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1104}

History

  • Status: repealed
  • Authority G.S. 150A-11
  • 150A-16; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1105 Definition {#sec-12-ncac-03a-.1105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1105}

History

  • Status: repealed
  • Authority G.S. 150A-11
  • 150A-16; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1201 Right to Hearing {#sec-12-ncac-03a-.1201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1201}
12 NCAC 03A .1202 Request for Hearing {#sec-12-ncac-03a-.1202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1202}
12 NCAC 03A .1203 Granting or Denying Hearing Requests {#sec-12-ncac-03a-.1203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1203}
12 NCAC 03A .1204 Notice of Hearing {#sec-12-ncac-03a-.1204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1204}
12 NCAC 03A .1205 Who Shall Hear Contested Cases {#sec-12-ncac-03a-.1205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1205}
12 NCAC 03A .1206 Petitions for Intervention {#sec-12-ncac-03a-.1206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1206}
12 NCAC 03A .1207 Types of Intervention {#sec-12-ncac-03a-.1207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1207}
12 NCAC 03A .1208 Disqualification of Hearing Officers {#sec-12-ncac-03a-.1208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1208}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24
  • 150A-2(2); 150A-2; 150A-23(a); 150A-23(c)
  • 150A-23(d); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1301 Failure to Appear {#sec-12-ncac-03a-.1301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1301}

History

  • Status: repealed
  • Authority G.S. 150A-25(a)
  • 150A-27; 150A-33(5); 150A-34(a); 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1302 Simplification of Issues {#sec-12-ncac-03a-.1302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1302}

History

  • Status: repealed
  • Authority G.S. 150A-25(a)
  • 150A-27; 150A-33(5); 150A-34(a); 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1303 Subpoenas {#sec-12-ncac-03a-.1303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1303}

History

  • Status: repealed
  • Authority G.S. 150A-25(a)
  • 150A-27; 150A-33(5); 150A-34(a); 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1304 Final Decisions in Administrative Hearings {#sec-12-ncac-03a-.1304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1304}

History

  • Status: repealed
  • Authority G.S. 150A-25(a)
  • 150A-27; 150A-33(5); 150A-34(a); 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 03A .1305 Proposals for Decisions {#sec-12-ncac-03a-.1305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03A .1305}

History

  • Status: repealed
  • Authority G.S. 150A-25(a)
  • 150A-27; 150A-33(5); 150A-34(a); 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.

Subchapter B

12 NCAC 03B .0101 Purpose {#sec-12-ncac-03b-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0101}

History

  • Status: expired
  • Authority G.S. 114-12; 114-13; 114-14; 114-15; 69-1; 90-113.5; 143A-51; 143A-52
  • Eff. November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 03B .0102 Location {#sec-12-ncac-03b-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0102}

History

  • Status: expired
  • Authority G.S. 114-12; 114-13; 114-14; 114-15; 69-1; 90-113.5; 143A-51; 143A-52
  • Eff. November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 03B .0103 Director {#sec-12-ncac-03b-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0103}

History

  • Status: expired
  • Authority G.S. 114-12; 114-13; 114-14; 114-15; 69-1; 90-113.5; 143A-51; 143A-52
  • Eff. November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 03B .0104 Investigative Authority {#sec-12-ncac-03b-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0104}

History

  • Status: expired
  • Authority G.S. 114-12; 114-13; 114-14; 114-15; 69-1; 90-113.5; 143A-51; 143A-52
  • Eff. November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 03B .0201 Opportunity for Employment {#sec-12-ncac-03b-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0201}

History

  • Status: expired
  • Authority 28 C.F.R. Part 20
  • Eff. November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 03B .0202 Requirements {#sec-12-ncac-03b-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0202}

History

  • Status: repealed
  • Authority G.S. 114-13; 150A-12
  • Eff. November 1, 1984
  • Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).
12 NCAC 03B .0203 Applications {#sec-12-ncac-03b-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0203}

History

  • Status: repealed
  • Authority G.S. 114-13; 150A-12
  • Eff. November 1, 1984
  • Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).
12 NCAC 03B .0301 Right to Review {#sec-12-ncac-03b-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0301}

History

  • Status: repealed
  • Authority G.S. 114-15; 28 C.F.R. Part 20
  • Eff. November 1, 1984
  • Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).
12 NCAC 03B .0302 Request for Review {#sec-12-ncac-03b-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0302}

History

  • Status: expired
  • Authority G.S. 114-12; 114-13; 114-14
  • 114-15; 28 C.F.R. Part 20
  • Eff. November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 03B .0401 Public Access {#sec-12-ncac-03b-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0401}

History

  • Status: expired
  • Authority G.S. 114-15
  • Eff. November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 03B .0402 Custodian of Records {#sec-12-ncac-03b-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0402}

History

  • Status: expired
  • Authority G.S. 114-15
  • Eff. November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 03B .0501 Witness Fee {#sec-12-ncac-03b-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0501}

History

  • Status: expired
  • Authority G.S. 114-15; 114-19.1
  • Eff. November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 03B .0502 Fees for Background Investigations {#sec-12-ncac-03b-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0502}

History

  • Status: expired
  • Authority G.S. 114-15; 114-19.1
  • Eff. November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 03B .0601 Model Rules {#sec-12-ncac-03b-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0601}

History

  • Status: expired
  • Authority G.S. 114-15
  • Eff. November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 03B .0602 Definitions {#sec-12-ncac-03b-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 03B .0602}

History

  • Status: expired
  • Authority G.S. 114-15
  • Eff. November 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.

Chapter 04 Division of Criminal Information

Subchapter A

12 NCAC 04A .0101 Name and Location {#sec-12-ncac-04a-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0101}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. October 1, 1986
  • Repealed Eff. November 1, 1991.
12 NCAC 04A .0102 Mailing Address {#sec-12-ncac-04a-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0102}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0103 Organization {#sec-12-ncac-04a-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0103}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0104 Function of Police Information Network {#sec-12-ncac-04a-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0104}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04A .0105 Definitions {#sec-12-ncac-04a-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0105}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1980
  • Amended Eff. October 1, 1983
  • Repealed Eff. November 1, 1991.
12 NCAC 04A .0201 Function and Authority {#sec-12-ncac-04a-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0201}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0202 Location {#sec-12-ncac-04a-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0202}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0203 Business Hours {#sec-12-ncac-04a-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0203}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0204 Responsibility and Authority {#sec-12-ncac-04a-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0204}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04A .0205 Purpose {#sec-12-ncac-04a-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0205}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04A .0301 Location {#sec-12-ncac-04a-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0301}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0302 Mailing Address {#sec-12-ncac-04a-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0302}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04A .0303 Business Hours {#sec-12-ncac-04a-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0303}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. March 1, 1982; November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0304 Function and Authority {#sec-12-ncac-04a-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0304}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. March 1, 1982; November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0305 Purpose {#sec-12-ncac-04a-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0305}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04A .0306 Ucr Manual and Forms {#sec-12-ncac-04a-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0306}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04A .0307 Internal Records Keeping System (irks) {#sec-12-ncac-04a-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0307}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04A .0308 Incident Base Manuals and Forms {#sec-12-ncac-04a-.0308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0308}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04A .0309 North Carolina Fire Incident Reporting Manual and Forms {#sec-12-ncac-04a-.0309 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0309}

History

  • Status: repealed
  • Authority G.S. 69-1
  • Eff. November 1, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 04A .0401 Location {#sec-12-ncac-04a-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0401}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0402 Mailing Address {#sec-12-ncac-04a-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0402}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04A .0403 Hours {#sec-12-ncac-04a-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0403}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0404 Organization {#sec-12-ncac-04a-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0404}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04A .0405 Function and Authority {#sec-12-ncac-04a-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0405}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0406 Purpose {#sec-12-ncac-04a-.0406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0406}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04A .0501 Location {#sec-12-ncac-04a-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0501}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0502 Business Hours {#sec-12-ncac-04a-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0502}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0503 Organization {#sec-12-ncac-04a-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0503}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04A .0504 Function and Authority {#sec-12-ncac-04a-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0504}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04A .0505 Purpose {#sec-12-ncac-04a-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0505}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04A .0601 Definitions {#sec-12-ncac-04a-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0601}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04A .0602 Scope {#sec-12-ncac-04a-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04A .0602}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.

Subchapter B

12 NCAC 04B .0101 Certification of Terminal Operators {#sec-12-ncac-04b-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0101}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; October 3, 1983; March 1, 1982; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04B .0102 Revocation of Pin Certification {#sec-12-ncac-04b-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0102}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; October 3, 1983; March 1, 1982; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04B .0103 Police Information Network Terminal Operator's Manuals {#sec-12-ncac-04b-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0103}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; October 3, 1983; March 1, 1982; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04B .0104 Users Agreement {#sec-12-ncac-04b-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0104}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; October 3, 1983; March 1, 1982; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04B .0105 Rental Agreement {#sec-12-ncac-04b-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0105}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; October 3, 1983; March 1, 1982; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04B .0106 Municipal: County or State Agreement {#sec-12-ncac-04b-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0106}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04B .0107 Police Information Network Advisory Policy Board {#sec-12-ncac-04b-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0107}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04B .0108 Police Information Network Working Group Meetings {#sec-12-ncac-04b-.0108 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0108}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04B .0109 Data Storage Entry {#sec-12-ncac-04b-.0109 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0109}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04B .0110 Audit {#sec-12-ncac-04b-.0110 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0110}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04B .0201 Director of Pin {#sec-12-ncac-04b-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0201}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. March 1, 1982; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04B .0202 Police Information Network Advisory Policy Board {#sec-12-ncac-04b-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0202}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. March 1, 1982; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04B .0203 Police Information Network Working Group Meetings {#sec-12-ncac-04b-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0203}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1984.
12 NCAC 04B .0204 Management Control by Criminal Justice Agency or Board {#sec-12-ncac-04b-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0204}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1980
  • Amended Eff. November 1, 1984; October 3, 1983; March 1, 1982
  • Repealed Eff. November 1, 1991.
12 NCAC 04B .0205 Pin Terminal Operator {#sec-12-ncac-04b-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0205}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1980
  • Amended Eff. November 1, 1984; October 3, 1983; March 1, 1982
  • Repealed Eff. November 1, 1991.
12 NCAC 04B .0206 Employment Screening {#sec-12-ncac-04b-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0206}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1980
  • Amended Eff. November 1, 1984; October 3, 1983; March 1, 1982
  • Repealed Eff. November 1, 1991.
12 NCAC 04B .0207 Eligibility for Pin Terminal {#sec-12-ncac-04b-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0207}

History

  • Status: repealed
  • Authority G.S. 114-10: 114-10.1
  • Eff. October 3, 1983
  • Amended Eff. November 1, 1984
  • Repealed Eff. November 1, 1991.
12 NCAC 04B .0301 Purpose {#sec-12-ncac-04b-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0301}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04B .0302 Information Collected and Stored {#sec-12-ncac-04b-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0302}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04B .0303 Excluded Information {#sec-12-ncac-04b-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04B .0303}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.

Subchapter C

12 NCAC 04C .0101 Protection of Police Information Network Central Site {#sec-12-ncac-04c-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0101}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; October 3, 1983; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0102 Protection of Police Information Network Terminal Site {#sec-12-ncac-04c-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0102}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; October 3, 1983; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0103 Data Storage Entry {#sec-12-ncac-04c-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0103}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; October 3, 1983; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0104 Terminal and Agency Identification {#sec-12-ncac-04c-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0104}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; October 3, 1983; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0105 Information Collected and Stored {#sec-12-ncac-04c-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0105}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; October 3, 1983; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0106 Excluded Information {#sec-12-ncac-04c-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0106}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; October 3, 1983; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0107 Manager of Statistical and Field Support Division {#sec-12-ncac-04c-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0107}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0108 Criminal Justice Agency Head {#sec-12-ncac-04c-.0108 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0108}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0109 Pin Terminal Operator {#sec-12-ncac-04c-.0109 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0109}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0110 Employment Screening Purpose {#sec-12-ncac-04c-.0110 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0110}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0111 Employment Screening {#sec-12-ncac-04c-.0111 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0111}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0112 Personnel Who Will Be Screened {#sec-12-ncac-04c-.0112 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0112}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0201 Access to Pin Information {#sec-12-ncac-04c-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0201}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. October 3, 1983; March 1, 1982; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0202 Research Use and Access of Computerized Criminal Information {#sec-12-ncac-04c-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0202}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. October 3, 1983; March 1, 1982; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0203 Limits on Criminal Justice Research {#sec-12-ncac-04c-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0203}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. October 3, 1983; March 1, 1982; November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0204 Access by Defendant's Attorney {#sec-12-ncac-04c-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0204}

History

  • Status: repealed
  • Legislative Objection of June 16, 1980 to 12 NCAC 4C .0406
  • Administratively Transferred Eff. November 1, 1980
  • Statutory Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).
12 NCAC 04C .0205 Individual's Review of Computerized Criminal Information {#sec-12-ncac-04c-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0205}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 40 F.R. 22114
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1980
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0206 Dissemination of Criminal History Information {#sec-12-ncac-04c-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0206}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 28 C.F.R. 1B 20.21; 28 C.F.R. 1C 20.33
  • Eff. November 1, 1980
  • Amended Eff. November 1, 1984; October 3, 1983; March 1, 1982
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0207 Audit {#sec-12-ncac-04c-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0207}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 28 C.F.R. 1B 20.21; 28 C.F.R. 1C 20.33
  • Eff. November 1, 1980
  • Amended Eff. November 1, 1984; October 3, 1983; March 1, 1982
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0208 Use of Cch for Licensing and Employment Purposes {#sec-12-ncac-04c-.0208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0208}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 28 C.F.R. 1C 20.33
  • Eff. March 1, 1982
  • Amended Eff. October 1, 1986; November 1, 1984; October 3, 1983
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0209 Restrictive Use of Cch for Licensing or Employment {#sec-12-ncac-04c-.0209 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0209}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 28 C.F.R. 1C 20.33
  • Eff. March 1, 1982
  • Amended Eff. October 1, 1986; November 1, 1984; October 3, 1983
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0210 Dissemination of Driver History Information {#sec-12-ncac-04c-.0210 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0210}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 28 C.F.R. 1C 20.33
  • Eff. March 1, 1982
  • Amended Eff. October 1, 1986; November 1, 1984; October 3, 1983
  • Repealed Eff. November 1, 1991.
12 NCAC 04C .0301 Purpose {#sec-12-ncac-04c-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0301}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 40 F.R. 22114
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0302 Individual Review {#sec-12-ncac-04c-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0302}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 40 F.R. 22114
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0303 Provisions for Review {#sec-12-ncac-04c-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0303}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 40 F.R. 22114
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0401 Purpose {#sec-12-ncac-04c-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0401}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978.
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0402 Criminal Justice Agencies {#sec-12-ncac-04c-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0402}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978.
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0403 Research Use and Access of Computerized Criminal Information {#sec-12-ncac-04c-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0403}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978.
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0404 Limits on Criminal Justice Research {#sec-12-ncac-04c-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0404}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978.
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0405 Police Information Network Terminal Operator's Manual {#sec-12-ncac-04c-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0405}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978.
  • Repealed Eff. November 1, 1980.
12 NCAC 04C .0406 Access by Defendant's Attorney {#sec-12-ncac-04c-.0406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04C .0406}

History

  • Status: repealed
  • Legislative Objection Lodged Eff. August 24, 1979
  • Legislative Objection Removed Eff. June 25, 1980
  • Filed as an Emergency Regulation Eff. November 14, 1978, For a Period of 120 Days to
  • Expire on March 14, 1979
  • Statutory Authority G.S. 114-10.1(c); 150A-13
  • Made Permanent Eff. March 14, 1979
  • Repealed Eff. November 1, 1980.

Subchapter D

12 NCAC 04D .0101 Petition for Rulemaking Hearings {#sec-12-ncac-04d-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0101}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 114-10.1(c); 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0102 Contents of Petition {#sec-12-ncac-04d-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0102}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 114-10.1(c); 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0103 Disposition of Petitions {#sec-12-ncac-04d-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0103}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 114-10.1(c); 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0201 Timing of Notice {#sec-12-ncac-04d-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0201}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-12; 150A-12(b); 150A-12(2)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0202 Notice Mailing List {#sec-12-ncac-04d-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0202}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-12; 150A-12(b); 150A-12(2)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0203 Additional Information {#sec-12-ncac-04d-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0203}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-12; 150A-12(b); 150A-12(2)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0301 Request to Participate {#sec-12-ncac-04d-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0301}

History

  • Status: repealed
  • Authority G.S. 114-1; 114-10; 114-10.1; 150A-12; 150A-12(a)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0302 Contents of Request: General Time Limitations {#sec-12-ncac-04d-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0302}

History

  • Status: repealed
  • Authority G.S. 114-1; 114-10; 114-10.1; 150A-12; 150A-12(a)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0303 Receipt of Request: Specific Time Limits {#sec-12-ncac-04d-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0303}

History

  • Status: repealed
  • Authority G.S. 114-1; 114-10; 114-10.1; 150A-12; 150A-12(a)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0304 Written Submissions {#sec-12-ncac-04d-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0304}

History

  • Status: repealed
  • Authority G.S. 114-1; 114-10; 114-10.1; 150A-12; 150A-12(a)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0305 Presiding Officer: Powers and Duties {#sec-12-ncac-04d-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0305}

History

  • Status: repealed
  • Authority G.S. 114-1; 114-10; 114-10.1; 150A-12; 150A-12(a)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0306 Statement of Reasons for Decision {#sec-12-ncac-04d-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0306}

History

  • Status: repealed
  • Authority G.S. 114-1; 114-10; 114-10.1; 150A-12; 150A-12(a)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0307 Record of Proceedings {#sec-12-ncac-04d-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0307}

History

  • Status: repealed
  • Authority G.S. 114-1; 114-10; 114-10.1; 150A-12; 150A-12(a)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0308 Adoption of Rules {#sec-12-ncac-04d-.0308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0308}

History

  • Status: repealed
  • Authority G.S. 114-1; 114-10; 114-10.1; 150A-12; 150A-12(a)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0401 Subjects of Declaratory Rulings {#sec-12-ncac-04d-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0401}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-12(e); 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0402 Submission of Request for Ruling {#sec-12-ncac-04d-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0402}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-12(e); 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0403 Disposition of Requests {#sec-12-ncac-04d-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0403}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-12(e); 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0404 Record of Decision {#sec-12-ncac-04d-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0404}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-12(e); 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0405 Definition {#sec-12-ncac-04d-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0405}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-12(e); 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0501 Right to Hearing {#sec-12-ncac-04d-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0501}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-2(2); 150A-23; 150A-23(a)
  • 150A-23(2); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0502 Request for Hearing {#sec-12-ncac-04d-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0502}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-2(2); 150A-23; 150A-23(a)
  • 150A-23(2); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0503 Granting or Denying Hearing Requests {#sec-12-ncac-04d-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0503}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-2(2); 150A-23; 150A-23(a)
  • 150A-23(2); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0504 Notice of Hearing {#sec-12-ncac-04d-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0504}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-2(2); 150A-23; 150A-23(a)
  • 150A-23(2); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0505 Who Shall Hear Contested Cases {#sec-12-ncac-04d-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0505}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-2(2); 150A-23; 150A-23(a)
  • 150A-23(2); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0506 Petition for Intervention {#sec-12-ncac-04d-.0506 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0506}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-2(2); 150A-23; 150A-23(a)
  • 150A-23(2); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0507 Types of Intervention {#sec-12-ncac-04d-.0507 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0507}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-2(2); 150A-23; 150A-23(a)
  • 150A-23(2); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0508 Disqualification of Hearing Officers {#sec-12-ncac-04d-.0508 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0508}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-2(2); 150A-23; 150A-23(a)
  • 150A-23(2); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0601 Failure to Appear {#sec-12-ncac-04d-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0601}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-25(a); 150A-27; 150A-33(5)
  • 150A-34(a); 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0602 Simplification of Issues {#sec-12-ncac-04d-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0602}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-25(a); 150A-27; 150A-33(5)
  • 150A-34(a); 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0603 Subpoenas {#sec-12-ncac-04d-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0603}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-25(a); 150A-27; 150A-33(5)
  • 150A-34(a); 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 04D .0604 Proposals for Decisions {#sec-12-ncac-04d-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04D .0604}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150A-25(a); 150A-27; 150A-33(5)
  • 150A-34(a); 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.

Subchapter E

12 NCAC 04E .0101 Name and Location {#sec-12-ncac-04e-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0101}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. August 1, 1998; October 1, 1995; October 1, 1994
  • Temporary Amendment Eff. January 14, 2002
  • Amended Eff. April 1, 2003
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0102 Function of Dci {#sec-12-ncac-04e-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0102}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. August 1, 1998; October 1, 1995; October 1, 1994
  • Temporary Amendment Eff. January 14, 2002
  • Amended Eff. April 1, 2003
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0103 Advisory Policy Board {#sec-12-ncac-04e-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0103}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. August 1, 1998; October 1, 1995; October 1, 1994
  • Temporary Amendment Eff. January 14, 2002
  • Amended Eff. April 1, 2003
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0104 Definitions {#sec-12-ncac-04e-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0104}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. August 1, 1998; October 1, 1995; October 1, 1994
  • Temporary Amendment Eff. January 14, 2002
  • Amended Eff. April 1, 2003
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0105 Forms {#sec-12-ncac-04e-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0105}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. August 1, 1998; October 1, 1995; October 1, 1994
  • Temporary Amendment Eff. January 14, 2002
  • Amended Eff. April 1, 2003
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0106 Manuals {#sec-12-ncac-04e-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0106}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. August 1, 1998; October 1, 1995; October 1, 1994
  • Temporary Amendment Eff. January 14, 2002
  • Amended Eff. April 1, 2003
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0201 Eligibility for Full or Limited Access to the Dci Network {#sec-12-ncac-04e-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0201}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0202 Management Control Requirements {#sec-12-ncac-04e-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0202}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0203 Non-Terminal Access {#sec-12-ncac-04e-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0203}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0204 Sbi Task Force Management Control {#sec-12-ncac-04e-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0204}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. February 1, 1993
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0301 User Agreement {#sec-12-ncac-04e-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0301}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0302 User Access Fee Agreement {#sec-12-ncac-04e-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0302}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0303 Servicing Agreement {#sec-12-ncac-04e-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0303}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0304 Management Control Agreement {#sec-12-ncac-04e-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0304}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0305 Disclosure Agreement {#sec-12-ncac-04e-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0305}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0401 Dci Terminal Operator {#sec-12-ncac-04e-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0401}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150B-3(b); 150B-23(f)
  • Eff. November 1, 1991
  • Amended Eff. August 1, 1998; October 1, 1994; August 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0402 Certification and Recertification of Dci Operators {#sec-12-ncac-04e-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0402}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150B-3(b); 150B-23(f)
  • Eff. November 1, 1991
  • Amended Eff. August 1, 1998; October 1, 1994; August 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0403 Suspension and Revocation of Operator Certification {#sec-12-ncac-04e-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0403}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150B-3(b); 150B-23(f)
  • Eff. November 1, 1991
  • Amended Eff. August 1, 1998; October 1, 1994; August 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0404 Period of Suspension {#sec-12-ncac-04e-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0404}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. August 1, 1998
  • Repealed Eff. August 1, 2014.
12 NCAC 04E .0405 Minimum Standards for Dci Terminal Operators {#sec-12-ncac-04e-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04E .0405}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. August 1, 1998
  • Repealed Eff. August 1, 2014.

Subchapter F

12 NCAC 04F .0101 Security of Dci Equipment {#sec-12-ncac-04f-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0101}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0102 Official Use of Dci Information {#sec-12-ncac-04f-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0102}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0201 Documentation and Accuracy {#sec-12-ncac-04f-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0201}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0202 Validations {#sec-12-ncac-04f-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0202}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0203 Hit Confirmation {#sec-12-ncac-04f-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0203}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0301 Arrest Fingerprint Card {#sec-12-ncac-04f-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0301}

History

  • Status: repealed
  • Authority G.S. 15A-502; 15A-1381; 15A-1382; 15A-1383; 114-10; 114-10.1
  • Eff. November 1, 1991
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0302 Final Disposition Information {#sec-12-ncac-04f-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0302}

History

  • Status: repealed
  • Authority G.S. 15A-502; 15A-1381; 15A-1382; 15A-1383; 114-10; 114-10.1
  • Eff. November 1, 1991
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0303 Prison Fingerprint Card {#sec-12-ncac-04f-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0303}

History

  • Status: repealed
  • Authority G.S. 15A-502; 15A-1381; 15A-1382; 15A-1383; 114-10; 114-10.1
  • Eff. November 1, 1991
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0401 Dissemination of Cch Records {#sec-12-ncac-04f-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0401}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 114-16; 114-19; 114-19.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0402 Accessing of Cch Records {#sec-12-ncac-04f-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0402}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 114-16; 114-19; 114-19.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0403 Use of Cch for Criminal Justice Employment {#sec-12-ncac-04f-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0403}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 114-16; 114-19; 114-19.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0404 Individual's Right to Review {#sec-12-ncac-04f-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0404}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 114-16; 114-19; 114-19.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0405 Cch Licensing and Non-Criminal Justice Employment Purposes {#sec-12-ncac-04f-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0405}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 114-16; 114-19; 114-19.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0406 Restrictive Use of Cch for Employment Purposes {#sec-12-ncac-04f-.0406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0406}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 114-16; 114-19; 114-19.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0407 Research Use and Access of Cch Records {#sec-12-ncac-04f-.0407 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0407}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 114-16; 114-19; 114-19.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0408 Limitation Requirements {#sec-12-ncac-04f-.0408 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0408}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 114-16; 114-19; 114-19.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0501 Expungements {#sec-12-ncac-04f-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0501}

History

  • Status: repealed
  • Authority G.S. 15A-145; 15A-146; 90-96; 90-113.14; 114-10; 114-10.1
  • 150B-19(5)b.,e.
  • Eff. November 1, 1991
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0502 Purges {#sec-12-ncac-04f-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0502}

History

  • Status: repealed
  • Authority G.S. 15A-145; 15A-146; 90-96; 90-113.14; 114-10; 114-10.1
  • 150B-19(5)b.,e.
  • Eff. November 1, 1991
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0601 Automated Fingerprint Identification System {#sec-12-ncac-04f-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0601}

History

  • Status: repealed
  • Authority G.S. 15A-502; 114-10; 114-10.1; 114-16
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1992
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0602 Eligibility for Full or Limited Access to the Afis Network {#sec-12-ncac-04f-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0602}

History

  • Status: repealed
  • Authority G.S. 15A-502; 114-10; 114-10.1; 114-16
  • Eff. October 1, 1992
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0603 Afis Agreement {#sec-12-ncac-04f-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0603}

History

  • Status: repealed
  • Authority G.S. 15A-502; 114-10; 114-10.1; 114-16
  • Eff. October 1, 1992
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0604 Available Data {#sec-12-ncac-04f-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0604}

History

  • Status: repealed
  • Authority G.S. 15A-502; 114-10; 114-10.1; 114-16
  • Eff. October 1, 1992
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0701 Dissemination of Driver History Information {#sec-12-ncac-04f-.0701 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0701}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Repealed Eff. August 1, 2014.
12 NCAC 04F .0801 Audits {#sec-12-ncac-04f-.0801 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04F .0801}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Repealed Eff. August 1, 2014.

Subchapter G

12 NCAC 04G .0101 Definitions {#sec-12-ncac-04g-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04G .0101}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04G .0102 Penalty Provisions {#sec-12-ncac-04g-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04G .0102}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1
  • Eff. November 1, 1991
  • Amended Eff. October 1, 1994
  • Repealed Eff. August 1, 2014.
12 NCAC 04G .0201 Notice of Violation {#sec-12-ncac-04g-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04G .0201}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150B-3(b); 150B-23(f)
  • Eff. November 1, 1991
  • Amended Eff. December 1, 1992
  • Repealed Eff. August 1, 2014.
12 NCAC 04G .0301 Informal Hearing Procedure {#sec-12-ncac-04g-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 04G .0301}

History

  • Status: repealed
  • Authority G.S. 114-10; 114-10.1; 150B-3(b); 150B-23(f)
  • Eff. November 1, 1991
  • Repealed Eff. August 1, 2014.

Chapter 05 Training and Standards Council (Repealed)

12 NCAC 05 .0101 Location {#sec-12-ncac-05-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0101}

History

  • Status: repealed
  • Authority G.S. 17A-3; 17A-6
  • Eff. February 1, 1976
  • Amended Eff. January 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0102 Purpose {#sec-12-ncac-05-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0102}

History

  • Status: repealed
  • Authority G.S. 17A-3; 17A-6
  • Eff. February 1, 1976
  • Amended Eff. January 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0103 Definitions {#sec-12-ncac-05-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0103}

History

  • Status: repealed
  • Authority G.S. 17A-3; 17A-6
  • Eff. February 1, 1976
  • Amended Eff. January 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0104 Executive Officer {#sec-12-ncac-05-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0104}

History

  • Status: repealed
  • Authority G.S. 17A-3; 17A-6
  • Eff. February 1, 1976
  • Amended Eff. January 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0201 Law Enforcement Officers {#sec-12-ncac-05-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0201}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. January 15, 1980
  • Amended Eff. April 22, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0202 Correctional Officers {#sec-12-ncac-05-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0202}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. January 15, 1980
  • Amended Eff. April 22, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0203 Youth Correctional Officers {#sec-12-ncac-05-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0203}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(5)] Eff. August 28, 1978 for a Period of
  • 120 Days to Expire on December 26, 1978
  • Statutory Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Emergency Amendment [(5)] Made Permanent Eff. December 15, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0204 Probation/Parole Officers {#sec-12-ncac-05-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0204}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0205 Probation/Parole Intake Officers {#sec-12-ncac-05-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0205}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. January 15, 1980
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0301 Personal History Investigation {#sec-12-ncac-05-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0301}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Amended Eff. April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0302 Council Form F-3 {#sec-12-ncac-05-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0302}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Amended Eff. April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0303 Fingerprint Record Check {#sec-12-ncac-05-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0303}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Amended Eff. April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0304 Form Fd-258 {#sec-12-ncac-05-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0304}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Amended Eff. April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0305 Minimum Education Requirements {#sec-12-ncac-05-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0305}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(b)(3)] Eff. August 28, 1978 for a Period of
  • 120 Days to Expire on December 26, 1978
  • Statutory Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 8, 1978
  • Emergency Amendment [(b)(3)] Made Permanent Eff. December 15, 1978
  • Amended Eff. January 15, 1980
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0306 Occupational Aptitude Test for Law Enforcement Officers {#sec-12-ncac-05-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0306}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 8, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0307 Medical Examination {#sec-12-ncac-05-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0307}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 8, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0308 Council Form F-1: Council Form F-2 {#sec-12-ncac-05-.0308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0308}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 8, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0309 Qualification Appraisal Interview {#sec-12-ncac-05-.0309 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0309}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 8, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0310 Council Form F-4 {#sec-12-ncac-05-.0310 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0310}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 8, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0401 Probationary Period {#sec-12-ncac-05-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0401}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(a); 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. September 10, 1976; May 27, 1976; April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0402 Report of Appointment or Separation {#sec-12-ncac-05-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0402}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(a); 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. September 10, 1976; May 27, 1976; April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0403 Council Form F-5 {#sec-12-ncac-05-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0403}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(a); 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. September 10, 1976; May 27, 1976; April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0404 Certification of Criminal Justice Personnel {#sec-12-ncac-05-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0404}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(a); 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. September 10, 1976; May 27, 1976; April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0405 Exemptions {#sec-12-ncac-05-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0405}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(a); 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. September 10, 1976; May 27, 1976; April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0406 Officers Employed After Exemption Date {#sec-12-ncac-05-.0406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0406}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(a); 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. September 10, 1976; May 27, 1976; April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0407 Method of Certification {#sec-12-ncac-05-.0407 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0407}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(a); 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. September 10, 1976; May 27, 1976; April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0408 Term of Certification: Period of Revocation {#sec-12-ncac-05-.0408 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0408}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(a); 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. September 10, 1976; May 27, 1976; April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0409 Lateral Transfer for Law Enforcement Officers {#sec-12-ncac-05-.0409 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0409}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(a); 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. September 10, 1976; May 27, 1976; April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0410 Retention of Certification Records {#sec-12-ncac-05-.0410 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0410}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(a); 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. September 10, 1976; May 27, 1976; April 22, 1976
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; August 1, 1979
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0501 Minimum Standards for Training {#sec-12-ncac-05-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0501}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0502 Waiver {#sec-12-ncac-05-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0502}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0503 Training Course Accreditation {#sec-12-ncac-05-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0503}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0504 Reports of Training Course Presentation: Completion {#sec-12-ncac-05-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0504}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0505 Council Form F-11 {#sec-12-ncac-05-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0505}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0506 Certification of Instructors {#sec-12-ncac-05-.0506 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0506}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c); 17A-7(d)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0601 Law Enforcement Officers {#sec-12-ncac-05-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0601}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978; May 5, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0602 Correctional Officers {#sec-12-ncac-05-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0602}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978; May 5, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0603 Youth Correctional Officers {#sec-12-ncac-05-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0603}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978; May 5, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0604 Probation/Parole Officers: Regular and Intake Officers {#sec-12-ncac-05-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0604}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978; May 5, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0605 Guidelines: Accreditation: Presentation: Training Program {#sec-12-ncac-05-.0605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0605}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978; May 5, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0606 Council Forms F-10: F-10a: F-10b {#sec-12-ncac-05-.0606 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0606}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978; May 5, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0607 Certification of Instructors {#sec-12-ncac-05-.0607 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0607}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(b); 17A-7(c)
  • Eff. February 1, 1976
  • Amended Eff. February 15, 1977
  • Readopted Eff. September 27, 1977
  • Amended Eff. January 15, 1980; October 1, 1978; May 5, 1978
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0608 Council Form F-12 {#sec-12-ncac-05-.0608 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0608}

History

  • Status: repealed
  • Authority G.S. 17A-6; 17A-7(c)
  • Eff. February 1, 1976
  • Repealed Eff. February 15, 1977.
12 NCAC 05 .0701 Purpose {#sec-12-ncac-05-.0701 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0701}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Amended Eff. May 1, 1977
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0702 General Provisions {#sec-12-ncac-05-.0702 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0702}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Amended Eff. May 1, 1977
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0703 Basic Criminal Justice Certificate {#sec-12-ncac-05-.0703 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0703}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Amended Eff. May 1, 1977
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0704 Intermediate Criminal Justice Certificate {#sec-12-ncac-05-.0704 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0704}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Amended Eff. May 1, 1977
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0705 Advanced Criminal Justice Certificate {#sec-12-ncac-05-.0705 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0705}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Amended Eff. May 1, 1977
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0706 Method of Application {#sec-12-ncac-05-.0706 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0706}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Amended Eff. May 1, 1977
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0707 Council Form F-6 {#sec-12-ncac-05-.0707 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0707}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Amended Eff. May 1, 1977
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0801 Acquisition of Forms {#sec-12-ncac-05-.0801 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0801}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0802 Required Council Forms {#sec-12-ncac-05-.0802 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0802}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0803 Council Form F-14 {#sec-12-ncac-05-.0803 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0803}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0804 Council Form F-13 {#sec-12-ncac-05-.0804 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0804}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0901 Purpose {#sec-12-ncac-05-.0901 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0901}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0902 Agency {#sec-12-ncac-05-.0902 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0902}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .0903 Individual {#sec-12-ncac-05-.0903 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .0903}

History

  • Status: repealed
  • Authority G.S. 17A-6
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1001 Petition for Rulemaking Hearings {#sec-12-ncac-05-.1001 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1001}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1002 Contents of Petition {#sec-12-ncac-05-.1002 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1002}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1003 Disposition of Petitions {#sec-12-ncac-05-.1003 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1003}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1101 Timing of Notice {#sec-12-ncac-05-.1101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1101}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-12; 150A-12(a)(2); 150A-12(b)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1102 Notice Mailing List {#sec-12-ncac-05-.1102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1102}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-12; 150A-12(a)(2); 150A-12(b)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1103 Publication of Notice {#sec-12-ncac-05-.1103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1103}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-12; 150A-12(a)(2); 150A-12(b)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1104 Additional Information {#sec-12-ncac-05-.1104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1104}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-12; 150A-12(a)(2); 150A-12(b)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1201 Council Hearings {#sec-12-ncac-05-.1201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1201}

History

  • Status: repealed
  • Authority G.S. 17A-5(c); 17A-6; 150A-11; 150A-11(2)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1202 Request to Participate {#sec-12-ncac-05-.1202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1202}

History

  • Status: repealed
  • Authority G.S. 17A-5(c); 17A-6; 150A-11; 150A-11(2)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1203 Contents of Request: General Time Limitations {#sec-12-ncac-05-.1203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1203}

History

  • Status: repealed
  • Authority G.S. 17A-5(c); 17A-6; 150A-11; 150A-11(2)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1204 Receipt of Request: Specific Time Limits {#sec-12-ncac-05-.1204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1204}

History

  • Status: repealed
  • Authority G.S. 17A-5(c); 17A-6; 150A-11; 150A-11(2)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1205 Written Submissions {#sec-12-ncac-05-.1205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1205}

History

  • Status: repealed
  • Authority G.S. 17A-5(c); 17A-6; 150A-11; 150A-11(2)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1206 Presiding Officer: Powers and Duties {#sec-12-ncac-05-.1206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1206}

History

  • Status: repealed
  • Authority G.S. 17A-5(c); 17A-6; 150A-11; 150A-11(2)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1207 Statement of Reasons for Decision {#sec-12-ncac-05-.1207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1207}

History

  • Status: repealed
  • Authority G.S. 17A-5(c); 17A-6; 150A-11; 150A-11(2)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1208 Record of Proceedings {#sec-12-ncac-05-.1208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1208}

History

  • Status: repealed
  • Authority G.S. 17A-5(c); 17A-6; 150A-11; 150A-11(2)
  • 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1301 Subjects of Declaratory Rulings {#sec-12-ncac-05-.1301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1301}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-11; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1302 Submission of Request for Ruling {#sec-12-ncac-05-.1302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1302}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-11; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1303 Disposition of Requests {#sec-12-ncac-05-.1303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1303}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-11; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1304 Record of Decision {#sec-12-ncac-05-.1304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1304}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-11; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1305 Definition {#sec-12-ncac-05-.1305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1305}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-11; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1401 Right to Hearing {#sec-12-ncac-05-.1401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1401}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 17A-6; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1402 Request for Hearing {#sec-12-ncac-05-.1402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1402}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 17A-6; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1403 Granting or Denying Hearing Requests {#sec-12-ncac-05-.1403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1403}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 17A-6; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1404 Notice: Intervention {#sec-12-ncac-05-.1404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1404}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 17A-6; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1405 Who Shall Hear Contested Cases {#sec-12-ncac-05-.1405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1405}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 17A-6; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1406 Petition for Intervention {#sec-12-ncac-05-.1406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1406}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 17A-6; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1407 Types of Intervention {#sec-12-ncac-05-.1407 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1407}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 17A-6; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1408 Disqualification of Hearing Officers {#sec-12-ncac-05-.1408 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1408}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 17A-6; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1501 Failure to Appear {#sec-12-ncac-05-.1501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1501}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-25(a); 150A-27; 150A-33; 150A-34(a)
  • 150A-37; 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977.
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1502 Simplification of Issues {#sec-12-ncac-05-.1502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1502}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-25(a); 150A-27; 150A-33; 150A-34(a)
  • 150A-37; 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977.
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1503 Subpoenas {#sec-12-ncac-05-.1503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1503}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-25(a); 150A-27; 150A-33; 150A-34(a)
  • 150A-37; 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977.
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1504 Proposals for Decisions {#sec-12-ncac-05-.1504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1504}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-25(a); 150A-27; 150A-33; 150A-34(a)
  • 150A-37; 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977.
  • Repealed Eff. January 1, 1981.
12 NCAC 05 .1505 Final Decisions in Administrative Hearings {#sec-12-ncac-05-.1505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 05 .1505}

History

  • Status: repealed
  • Authority G.S. 17A-6; 150A-25(a); 150A-27; 150A-33; 150A-34(a)
  • 150A-37; 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. September 27, 1977.
  • Repealed Eff. January 1, 1981.

Chapter 06 North Carolina Justice Academy

Subchapter A

12 NCAC 06A .0101 Name and Location {#sec-12-ncac-06a-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0101}

History

  • Status: expired
  • Authority G.S. 17D-1; 17D-2
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. August 1, 2009; December 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 06A .0102 Mailing Address {#sec-12-ncac-06a-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0102}

The mailing address of the Justice Academy is: The North Carolina Justice Academy, P.O. Drawer 99, Salemburg, North Carolina 28385 and PO Box 600, Edneyville, North Carolina 28727.

History

  • Authority G.S. 17D-1; 17D-2
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. August 1, 2009
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 06A .0103 Authority to Make Rules {#sec-12-ncac-06a-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0103}

History

  • Status: expired
  • Authority G.S. 17D-1; 17D-2; 17D-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 06A .0201 Statement of Purpose of the Justice Academy {#sec-12-ncac-06a-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0201}

The purpose of the North Carolina Justice Academy is to provide education and training to the officers and employees of the criminal justice agencies of the State of North Carolina and its local governments; to upgrade criminal justice training and education; to assist in improving the quality of the administration of justice in our state; to provide criminal justice training which is not readily available in North Carolina; to increase the professional skills of criminal justice personnel; and to increase the public awareness of the criminal justice system in North Carolina.

History

  • Authority G.S. 17D-1; 17D-2; 17D-3; 17D-4
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 06A .0202 Implementation of Purpose of the Justice Academy {#sec-12-ncac-06a-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0202}

(a) The North Carolina Justice Academy develops and conducts courses throughout the state on topics that are identified as being needed. These courses will be of the highest quality within the resource limitations of the Justice Academy. These courses shall include all elements of the criminal justice system at all levels.

(b) The North Carolina Justice Academy develops, publishes, and distributes educational and training materials such as newsletters, textbooks, programmed texts, video tapes, teaching outlines, student materials, notebooks, and other similar items for personnel in the criminal justice system.

(c) The North Carolina Justice Academy coordinates and cooperates with the other criminal justice training agencies and institutions in North Carolina to combine resources and present wide, effective, quality training.

(d) The North Carolina Justice Academy upon request, provides facilities and other resources for those local or state criminal justice agencies that have their own training staff and conduct their own training. This includes combining training staffs as well as other resources when needed to provide more effective training.

(e) The North Carolina Justice Academy provides technical assistance to criminal justice and related personnel to assist in meeting educational training and operational needs.

History

  • Authority G.S. 17D-1; 17D-2; 17D-3; 17D-4
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 06A .0301 Justice Academy Council {#sec-12-ncac-06a-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0301}

History

  • Status: repealed
  • Authority G.S. 17B-4; 17B-5
  • Eff. February 1, 1976.
  • Repealed Eff. January 5, 1978.
12 NCAC 06A .0302 Justice Academy Personnel {#sec-12-ncac-06a-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0302}

The Department of Justice shall employ the director and staff of the Justice Academy.

History

  • Authority G.S. 17D-1; 17D-2; 17D-3; 17D-4
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 06A .0303 Operating Departments {#sec-12-ncac-06a-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0303}

History

  • Status: repealed
  • Authority G.S. 17B-3 to 17B-6
  • Eff. February 1, 1976.
  • Repealed Eff. January 5, 1978.
12 NCAC 06A .0401 Curriculum Development {#sec-12-ncac-06a-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0401}

History

  • Status: repealed
  • Authority G.S. 17B-5(1); 17B-5(3)
  • Eff. February 1, 1976.
  • Repealed Eff. January 5, 1978.
12 NCAC 06A .0402 Curriculum Content {#sec-12-ncac-06a-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0402}

History

  • Status: repealed
  • Authority G.S. 17B-5(1); 17B-5(3)
  • Eff. February 1, 1976.
  • Repealed Eff. January 5, 1978.
12 NCAC 06A .0403 Course Availability {#sec-12-ncac-06a-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0403}

History

  • Status: expired
  • Authority G.S. 17D-1; 17D-2; 17D-3; 17D-4
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 06A .0501 Meals {#sec-12-ncac-06a-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0501}

History

  • Status: expired
  • Authority G.S. 17D-1; 17D-2; 17D-3; 17D-4
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1984
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 06A .0502 Tuition {#sec-12-ncac-06a-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0502}

There is no tuition charge for academy courses.

History

  • Authority G.S. 17D-1; 17D-2; 17D-3
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 06A .0601 Student Parking {#sec-12-ncac-06a-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0601}

History

  • Status: expired
  • Authority G.S. 17D-1; 17D-2; 17D-4
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 06A .0602 Student Housing {#sec-12-ncac-06a-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0602}

Student housing is provided free on campus up to the maximum space available; in the event of over-registration, the academy decides which students are to stay in the dorm rooms.

History

  • Authority G.S. 17D-1; 17D-2; 17D-4
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 06A .0603 Firearms {#sec-12-ncac-06a-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0603}

All students shall maintain custody and security of firearms and ammunition while on NC Justice Academy property.

History

  • Authority G.S. 17D-2(c)(4)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. June 1, 2015; August 1, 2009
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.
12 NCAC 06A .0604 Valuables {#sec-12-ncac-06a-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0604}

History

  • Status: repealed
  • Authority G.S. 17D-1; 17D-2; 17D-4
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. August 1, 2009.
12 NCAC 06A .0701 Gymnasium {#sec-12-ncac-06a-.0701 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0701}

History

  • Status: repealed
  • Authority G.S. 17B-2; 17B-3; 17B-5(1)
  • Eff. February 1, 1976
  • Repealed Eff. January 5, 1978.
12 NCAC 06A .0702 Learning Resources Center {#sec-12-ncac-06a-.0702 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0702}

History

  • Status: repealed
  • Authority G.S. 17B-2; 17B-3; 17B-5(1)
  • Eff. February 1, 1976
  • Repealed Eff. January 5, 1978.
12 NCAC 06A .0703 Use by Public {#sec-12-ncac-06a-.0703 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0703}

History

  • Status: repealed
  • Authority G.S. 17D-1; 17D-2; 17D-3; 17D-4
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. August 1, 2009.
12 NCAC 06A .0801 Qualifications for Awards or Certificates {#sec-12-ncac-06a-.0801 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0801}

History

  • Status: expired
  • Authority G.S. 17D-1; 17D-2
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 06A .0802 Course Coordinator's Responsibility {#sec-12-ncac-06a-.0802 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0802}

History

  • Status: expired
  • Authority G.S. 17D-1; 17D-2
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.
12 NCAC 06A .0803 Appeal Upon Unsatisfactory Completion of Course {#sec-12-ncac-06a-.0803 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06A .0803}

History

  • Status: repealed
  • Authority G.S. 17D-1; 17D-2
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1984
  • Repealed Eff. August 1, 2009.

Subchapter B

12 NCAC 06B .0101 Petition for Rulemaking Hearings {#sec-12-ncac-06b-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0101}

History

  • Status: repealed
  • Authority G.S. 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0102 Contents of Petition {#sec-12-ncac-06b-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0102}

History

  • Status: repealed
  • Authority G.S. 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0103 Disposition of Petitions {#sec-12-ncac-06b-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0103}

History

  • Status: repealed
  • Authority G.S. 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0201 Timing of Notice: Manner of Notice {#sec-12-ncac-06b-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0201}

History

  • Status: repealed
  • Authority G.S. 150A-12; 150A-12(a)(2); 150A-12(b)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0202 Notice of Mailing List {#sec-12-ncac-06b-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0202}

History

  • Status: repealed
  • Authority G.S. 150A-12; 150A-12(a)(2); 150A-12(b)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0203 Additional Information {#sec-12-ncac-06b-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0203}

History

  • Status: repealed
  • Authority G.S. 150A-12; 150A-12(a)(2); 150A-12(b)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0301 Request to Participate {#sec-12-ncac-06b-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0301}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-11(2); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0302 Contents of Request: General Time Limitations {#sec-12-ncac-06b-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0302}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-11(2); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0303 Receipt of Request: Specific Time Limits {#sec-12-ncac-06b-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0303}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-11(2); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0304 Written Submissions {#sec-12-ncac-06b-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0304}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-11(2); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0305 Presiding Officer: Powers and Duties {#sec-12-ncac-06b-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0305}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-11(2); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0306 Statement of Reasons for Decision {#sec-12-ncac-06b-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0306}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-11(2); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0307 Record of Proceedings {#sec-12-ncac-06b-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0307}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-11(2); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0308 Submission of Rule to Attorney General {#sec-12-ncac-06b-.0308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0308}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-11(2); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0401 Subjects of Declaratory Rulings {#sec-12-ncac-06b-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0401}
12 NCAC 06B .0402 Submission of Request for Ruling {#sec-12-ncac-06b-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0402}
12 NCAC 06B .0403 Disposition of Requests {#sec-12-ncac-06b-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0403}
12 NCAC 06B .0404 Record of Decision {#sec-12-ncac-06b-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0404}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0405 Definition {#sec-12-ncac-06b-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0405}

History

  • Status: repealed
  • Authority G.S. 150A-11; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0501 Right to Hearing {#sec-12-ncac-06b-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0501}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-23 et seq.; 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0502 Request for Hearing {#sec-12-ncac-06b-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0502}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-23 et seq.; 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0503 Granting or Denying Hearing Requests {#sec-12-ncac-06b-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0503}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-23 et seq.; 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0504 Notice of Hearing {#sec-12-ncac-06b-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0504}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-23 et seq.; 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0505 Who Shall Hear Contested Cases {#sec-12-ncac-06b-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0505}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-23 et seq.; 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0506 Petition for Intervention {#sec-12-ncac-06b-.0506 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0506}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-23 et seq.; 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0507 Types of Intervention {#sec-12-ncac-06b-.0507 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0507}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-23 et seq.; 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0508 Disqualification of Hearing Officers {#sec-12-ncac-06b-.0508 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0508}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 150A-2(2); 150A-11; 150A-23
  • 150A-23(d); 150A-23 et seq.; 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0601 Failure to Appear {#sec-12-ncac-06b-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0601}

History

  • Status: repealed
  • Authority G.S. 150A-25(a); 150A-27; 150A-33(5); 150A-34(a); 150A-36
  • 150A-37; 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0602 Simplification of Issues {#sec-12-ncac-06b-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0602}

History

  • Status: repealed
  • Authority G.S. 150A-25(a); 150A-27; 150A-33(5); 150A-34(a); 150A-36
  • 150A-37; 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0603 Subpoenas {#sec-12-ncac-06b-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0603}

History

  • Status: repealed
  • Authority G.S. 150A-25(a); 150A-27; 150A-33(5); 150A-34(a); 150A-36
  • 150A-37; 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0604 Final Decisions in Administrative Hearings {#sec-12-ncac-06b-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0604}

History

  • Status: repealed
  • Authority G.S. 150A-25(a); 150A-27; 150A-33(5); 150A-34(a); 150A-36
  • 150A-37; 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.
12 NCAC 06B .0605 Proposals for Decisions {#sec-12-ncac-06b-.0605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 06B .0605}

History

  • Status: repealed
  • Authority G.S. 150A-25(a); 150A-27; 150A-33(5); 150A-34(a); 150A-36
  • 150A-37; 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. September 29, 1980.

Chapter 07 Private Protective Services

Subchapter A

12 NCAC 07A .0101 Location {#sec-12-ncac-07a-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0101}

History

  • Status: repealed
  • Authority G.S. 74B-1; 74B-4(a); 74B-4(c); 74B-6(a); 74B-7(1); 74B-8; 150A-10
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0102 Purposes {#sec-12-ncac-07a-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0102}

History

  • Status: repealed
  • Authority G.S. 74B-1; 74B-4(a); 74B-4(c); 74B-6(a); 74B-7(1); 74B-8; 150A-10
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0103 Definitions {#sec-12-ncac-07a-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0103}

History

  • Status: repealed
  • Authority G.S. 74B-1; 74B-4(a); 74B-4(c); 74B-6(a); 74B-7(1); 74B-8; 150A-10
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0104 Administrative Staff {#sec-12-ncac-07a-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0104}

History

  • Status: repealed
  • Authority G.S. 74B-1; 74B-4(a); 74B-4(c); 74B-6(a); 74B-7(1); 74B-8; 150A-10
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0105 Board Members {#sec-12-ncac-07a-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0105}

History

  • Status: repealed
  • Authority G.S. 74B-1; 74B-4(a); 74B-4(c); 74B-6(a); 74B-7(1); 74B-8; 150A-10
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0106 Election of Chairman and Vice-Chairman {#sec-12-ncac-07a-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0106}

History

  • Status: repealed
  • Authority G.S. 74B-1; 74B-4(a); 74B-4(c); 74B-6(a); 74B-7(1); 74B-8; 150A-10
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0107 Vacancies {#sec-12-ncac-07a-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0107}

History

  • Status: repealed
  • Authority G.S. 74B-1; 74B-4(a); 74B-4(c); 74B-6(a); 74B-7(1); 74B-8; 150A-10
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0108 Private Protective Services Board {#sec-12-ncac-07a-.0108 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0108}

History

  • Status: repealed
  • Authority G.S. 74B-1; 74B-4(a); 74B-4(c); 74B-6(a); 74B-7(1); 74B-8; 150A-10
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0109 Fees {#sec-12-ncac-07a-.0109 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0109}

History

  • Status: repealed
  • Filed as an Emergency Amendment Eff. August 21, 1979 for a Period of 120 Days to Expire
  • on December 19, 1979
  • Statutory Authority G.S. 74C-9(e); 74C-11(d)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. April 23, 1978
  • Emergency Amendment Expired Eff. December 19, 1979
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0110 Bonds {#sec-12-ncac-07a-.0110 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0110}

History

  • Status: repealed
  • Authority G.S. 74B-12
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0111 Licensing and Registration {#sec-12-ncac-07a-.0111 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0111}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-3; 74B-13
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 16, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0201 Duties of the Board {#sec-12-ncac-07a-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0201}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-7(1); 74B-7(1)(a); 74B-7(e); 74B-7(2); 74B-7(5)
  • 74B-10(c)(4); 74B-10(c)(5); 74B-15(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0202 Minimum Standards for Licensing {#sec-12-ncac-07a-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0202}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-7(1); 74B-7(1)(a); 74B-7(e); 74B-7(2); 74B-7(5)
  • 74B-10(c)(4); 74B-10(c)(5); 74B-15(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0203 Experience Requirements in General {#sec-12-ncac-07a-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0203}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-7(1); 74B-7(1)(a); 74B-7(e); 74B-7(2); 74B-7(5)
  • 74B-10(c)(4); 74B-10(c)(5); 74B-15(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0204 Substitute Experience {#sec-12-ncac-07a-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0204}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-7(1); 74B-7(1)(a); 74B-7(e); 74B-7(2); 74B-7(5)
  • 74B-10(c)(4); 74B-10(c)(5); 74B-15(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0205 Experience Requirements for Detection of Deception {#sec-12-ncac-07a-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0205}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-7(1); 74B-7(1)(a); 74B-7(e); 74B-7(2); 74B-7(5)
  • 74B-10(c)(4); 74B-10(c)(5); 74B-15(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0206 Approved Schools {#sec-12-ncac-07a-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0206}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-7(1); 74B-7(1)(a); 74B-7(e); 74B-7(2); 74B-7(5)
  • 74B-10(c)(4); 74B-10(c)(5); 74B-15(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0207 Determination of Experience {#sec-12-ncac-07a-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0207}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-7(1); 74B-7(1)(a); 74B-7(e); 74B-7(2); 74B-7(5)
  • 74B-10(c)(4); 74B-10(c)(5); 74B-15(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0208 Agency License {#sec-12-ncac-07a-.0208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0208}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-7(1); 74B-7(1)(a); 74B-7(e); 74B-7(2); 74B-7(5)
  • 74B-10(c)(4); 74B-10(c)(5); 74B-15(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0209 Branch Offices {#sec-12-ncac-07a-.0209 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0209}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-7(1); 74B-7(1)(a); 74B-7(e); 74B-7(2); 74B-7(5)
  • 74B-10(c)(4); 74B-10(c)(5); 74B-15(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0210 Private Detective Trainee Permits {#sec-12-ncac-07a-.0210 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0210}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-7(1); 74B-7(1)(a); 74B-7(e); 74B-7(2); 74B-7(5)
  • 74B-10(c)(4); 74B-10(c)(5); 74B-15(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0211 Mace Training {#sec-12-ncac-07a-.0211 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0211}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-11(b); 14-401.6
  • Eff. April 23, 1978
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0212 Polygraph Intern Permit {#sec-12-ncac-07a-.0212 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0212}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-11(b); 14-401.6
  • Eff. April 23, 1978
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0213 Non-Resident Polygraph Examiner {#sec-12-ncac-07a-.0213 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0213}

History

  • Status: repealed
  • Authority G.S. 74B-2; 74B-7; 74B-11(b); 14-401.6
  • Eff. April 23, 1978
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0301 Employer Responsibilities {#sec-12-ncac-07a-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0301}

History

  • Status: repealed
  • Authority G.S. 74B-7(1),7(1)(a),(2); 74B-10(c)(4)(5); 74B-14; 74B-15
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. October 1, 1978; April 23, 1978
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0302 Identification Cards {#sec-12-ncac-07a-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0302}

History

  • Status: repealed
  • Authority G.S. 74B-7(1),7(1)(a),(2); 74B-10(c)(4)(5); 74B-14; 74B-15
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. October 1, 1978; April 23, 1978
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0303 Contracts {#sec-12-ncac-07a-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0303}

History

  • Status: repealed
  • Authority G.S. 74B-7(1),7(1)(a),(2); 74B-10(c)(4)(5); 74B-14; 74B-15
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. October 1, 1978; April 23, 1978
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0304 Reports {#sec-12-ncac-07a-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0304}

History

  • Status: repealed
  • Authority G.S. 74B-7(1),7(1)(a),(2); 74B-10(c)(4)(5); 74B-14; 74B-15
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. October 1, 1978; April 23, 1978
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0305 Continuation of Business {#sec-12-ncac-07a-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0305}

History

  • Status: repealed
  • Authority G.S. 74B-7(1),7(1)(a),(2); 74B-10(c)(4)(5); 74B-14; 74B-15
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. October 1, 1978; April 23, 1978
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0306 Uniforms {#sec-12-ncac-07a-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0306}

History

  • Status: repealed
  • Authority G.S. 74B-7(1),7(1)(a),(2); 74B-10(c)(4)(5); 74B-14; 74B-15
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. October 1, 1978; April 23, 1978
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0307 Prohibited Acts {#sec-12-ncac-07a-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0307}

History

  • Status: repealed
  • Authority G.S. 74B-7(1),7(1)(a),(2); 74B-10(c)(4)(5); 74B-14; 74B-15
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. October 1, 1978; April 23, 1978
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0308 Instrument Requirement Detection of Deception {#sec-12-ncac-07a-.0308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0308}

History

  • Status: repealed
  • Authority G.S. 74B-7(1),7(1)(a),(2); 74B-10(c)(4)(5); 74B-14; 74B-15
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. October 1, 1978; April 23, 1978
  • Repealed Eff. December 28, 1979.
12 NCAC 07A .0309 Detection of Deception Examination {#sec-12-ncac-07a-.0309 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07A .0309}

History

  • Status: repealed
  • Authority G.S. 74B-7(1),7(1)(a),(2); 74B-10(c)(4)(5); 74B-14; 74B-15
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. October 1, 1978; April 23, 1978
  • Repealed Eff. December 28, 1979.

Subchapter B

12 NCAC 07B .0101 Board Established {#sec-12-ncac-07b-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0101}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to
  • Expire on March 15, 1980
  • Statutory Authority G.S. 74C-4
  • Made Permanent With Change Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0102 Location {#sec-12-ncac-07b-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0102}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to
  • Expire on March 15, 1980
  • Statutory Authority G.S. 74C-4
  • Made Permanent With Change Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0103 Purposes {#sec-12-ncac-07b-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0103}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-6; 74C-7; 74C-13; 93B-5; 138-6
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0104 Board Members {#sec-12-ncac-07b-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0104}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-6; 74C-7; 74C-13; 93B-5; 138-6
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0105 Vacancies {#sec-12-ncac-07b-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0105}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-6; 74C-7; 74C-13; 93B-5; 138-6
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0106 Removal for Cause {#sec-12-ncac-07b-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0106}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-6; 74C-7; 74C-13; 93B-5; 138-6
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0107 Election of Chairman and Vice-Chairman {#sec-12-ncac-07b-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0107}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-6; 74C-7; 74C-13; 93B-5; 138-6
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0108 Standing Committees {#sec-12-ncac-07b-.0108 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0108}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-6; 74C-7; 74C-13; 93B-5; 138-6
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0109 Powers and Duties of the Board {#sec-12-ncac-07b-.0109 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0109}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-6; 74C-7; 74C-13; 93B-5; 138-6
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0110 Administrative Staff {#sec-12-ncac-07b-.0110 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0110}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-6; 74C-7; 74C-13; 93B-5; 138-6
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0111 Investigative Power {#sec-12-ncac-07b-.0111 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0111}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-6; 74C-7; 74C-13; 93B-5; 138-6
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0112 Definitions {#sec-12-ncac-07b-.0112 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0112}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-6; 74C-7; 74C-13; 93B-5; 138-6
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0113 Licenses and Permits {#sec-12-ncac-07b-.0113 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0113}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(a)] Eff. March 1, 1980, for a Period of 120 Days to
  • Expire on June 29, 1980
  • Statutory Authority G.S. 74C-5; 74C-7
  • Eff. December 28, 1979
  • Emergency Amendment Made Permanent Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0114 Application for Licenses and Permits {#sec-12-ncac-07b-.0114 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0114}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-6; 74C-8
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0115 Minimum Standards for Licenses and Permits {#sec-12-ncac-07b-.0115 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0115}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-6; 74C-8
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0116 Investigation of Applicant for a License or Permit {#sec-12-ncac-07b-.0116 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0116}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-6; 74C-8
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0117 Fees for Licenses and Permits {#sec-12-ncac-07b-.0117 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0117}

History

  • Status: repealed
  • Filed as an Emergency Amendment Eff. March 1, 1980 for a Period of 120 Days to Expire
  • on June 29, 1980
  • Statutory Authority G.S. 74C-5; 74C-9
  • Eff. December 28, 1979
  • Emergency Amendment Made Permanent with Change Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0118 Renewal or Re-Issue of Licenses and Permits {#sec-12-ncac-07b-.0118 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0118}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(e)(2)] Eff. March 21, 1980, for a Period of 120 Days
  • to Expire on July 18, 1980
  • Statutory Authority G.S. 74C-5; 74C-9
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Emergency Amendment [(e)(2)] Made Permanent Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0119 Bond {#sec-12-ncac-07b-.0119 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0119}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-10
  • Eff. January 1, 1980
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0120 Liability Insurance {#sec-12-ncac-07b-.0120 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0120}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-10
  • Eff. January 1, 1980
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0121 Identification Cards of Licensees {#sec-12-ncac-07b-.0121 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0121}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-6; 74C-7; 74C-11
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0122 Registration with the Board {#sec-12-ncac-07b-.0122 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0122}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-6; 74C-7; 74C-11
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0123 Application for Registration {#sec-12-ncac-07b-.0123 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0123}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-6; 74C-7; 74C-11
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0124 Minimum Standards for a Registration Identification Card {#sec-12-ncac-07b-.0124 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0124}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-6; 74C-7; 74C-11
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0125 Investigation for Registration Identification Card {#sec-12-ncac-07b-.0125 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0125}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-6; 74C-7; 74C-11
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0126 Registration Identification Cards {#sec-12-ncac-07b-.0126 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0126}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-6; 74C-7; 74C-11
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0127 Renewal or Re-Issue of Registration {#sec-12-ncac-07b-.0127 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0127}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(c)(2)] Eff. March 21, 1980, for a Period of 120 Days
  • to Expire on July 18, 1980
  • Statutory Authority G.S. 74C-5; 74C-11
  • Eff. December 28, 1979
  • Emergency Amendment [(c)(2)] Made Permanent with Change Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0128 Temporary Employees {#sec-12-ncac-07b-.0128 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0128}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(1)] Eff. March 1, 1980 for a Period of 120 Days to
  • Expire on June 29, 1980
  • Statutory Authority G.S. 74C-5; 74C-7
  • Eff. December 28, 1979
  • Emergency Amendment [(1)] Made Permanent Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0129 Disciplinary Actions {#sec-12-ncac-07b-.0129 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0129}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(a)] Eff. March 1, 1980 for a Period of 120 Days to
  • Expire on June 29, 1980
  • Statutory Authority G.S. 74C-5; 74C-12; 74C-17
  • Eff. December 28, 1979
  • Emergency Amendment [(a)] Made Permanent Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0130 Summary Suspensions {#sec-12-ncac-07b-.0130 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0130}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-12; 74C-16; 74C-18
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0131 Uniforms and Equipment {#sec-12-ncac-07b-.0131 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0131}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-12; 74C-16; 74C-18
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0132 Prohibited Acts {#sec-12-ncac-07b-.0132 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0132}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-12; 74C-16; 74C-18
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0133 Reciprocity: Temporary Permit {#sec-12-ncac-07b-.0133 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0133}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-12; 74C-16; 74C-18
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0134 Determination of Experience {#sec-12-ncac-07b-.0134 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0134}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-12; 74C-16; 74C-18
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0201 Purpose {#sec-12-ncac-07b-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0201}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to
  • Expire on March 15, 1980
  • Statutory Authority G.S. 74C-5
  • Made Permanent Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0202 Definitions {#sec-12-ncac-07b-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0202}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to
  • Expire on March 15, 1980
  • Statutory Authority G.S. 74C-3; 74C-5
  • Made Permanent Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0203 Licenses and Permits {#sec-12-ncac-07b-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0203}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0204 License and Permit Applications {#sec-12-ncac-07b-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0204}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0205 Licensing Qualifications {#sec-12-ncac-07b-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0205}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0206 Experience Requirements for Licenses and Permits {#sec-12-ncac-07b-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0206}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0207 Trainee Requirements {#sec-12-ncac-07b-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0207}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0208 Unarmed Employee Registration {#sec-12-ncac-07b-.0208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0208}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0209 Employment of Temporary Unarmed Employees {#sec-12-ncac-07b-.0209 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0209}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0210 Armed Employee Registration {#sec-12-ncac-07b-.0210 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0210}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0211 Uniforms and Equipment {#sec-12-ncac-07b-.0211 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0211}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0212 Denial and Disciplinary Actions {#sec-12-ncac-07b-.0212 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0212}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0213 Law Enforcement Officers {#sec-12-ncac-07b-.0213 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0213}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0301 Purpose {#sec-12-ncac-07b-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0301}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 20 Days to Expire
  • on March 15, 1980
  • Statutory Authority G.S. 74C-5
  • Made Permanent With Change Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0302 Definitions {#sec-12-ncac-07b-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0302}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to
  • Expire on March 15, 1980
  • Statutory Authority G.S. 74C-3; 74C-5
  • Made Permanent With Change Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0303 Licenses and Permits {#sec-12-ncac-07b-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0303}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0304 License and Permit Applications {#sec-12-ncac-07b-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0304}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0305 Licensing Qualifications {#sec-12-ncac-07b-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0305}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0306 Experience Requirements for Licenses and Permits {#sec-12-ncac-07b-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0306}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0307 Trainee Requirements {#sec-12-ncac-07b-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0307}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0308 Approved Schools {#sec-12-ncac-07b-.0308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0308}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0309 Unarmed Employee Registration {#sec-12-ncac-07b-.0309 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0309}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0310 Employment of Temporary Unarmed Employees {#sec-12-ncac-07b-.0310 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0310}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0311 Armed Employee Registration {#sec-12-ncac-07b-.0311 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0311}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0312 Uniforms and Equipment {#sec-12-ncac-07b-.0312 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0312}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0313 License and Permit Authorization {#sec-12-ncac-07b-.0313 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0313}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0314 Alarm Responder Business Permit {#sec-12-ncac-07b-.0314 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0314}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0315 Licensee Duties {#sec-12-ncac-07b-.0315 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0315}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0316 Denial and Disciplinary Actions {#sec-12-ncac-07b-.0316 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0316}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0317 Law Enforcement Officers {#sec-12-ncac-07b-.0317 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0317}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0401 Purpose {#sec-12-ncac-07b-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0401}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to
  • Expire on March 15, 1980
  • Statutory Authority G.S. 74C-5.
  • Made Permanent Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0402 Definition {#sec-12-ncac-07b-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0402}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to
  • Expire on March 15, 1980
  • Statutory Authority G.S. 74C-3; 74C-5
  • Made Permanent Eff. December 28, 1979
  • Amended Eff. November 1, 1981
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0403 Licenses and Permits {#sec-12-ncac-07b-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0403}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0404 License and Permit Applications {#sec-12-ncac-07b-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0404}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0405 Licensing Qualifications {#sec-12-ncac-07b-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0405}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0406 Experience Requirements: Detection of Deception Examiners {#sec-12-ncac-07b-.0406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0406}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0407 Trainee Requirements {#sec-12-ncac-07b-.0407 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0407}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0408 Approved Schools {#sec-12-ncac-07b-.0408 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0408}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0409 Detection of Deception Examination {#sec-12-ncac-07b-.0409 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0409}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0410 Armed Licensee Registration {#sec-12-ncac-07b-.0410 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0410}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0411 Instrument Requirement Detection of Deception {#sec-12-ncac-07b-.0411 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0411}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0412 Law Enforcement Officers {#sec-12-ncac-07b-.0412 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0412}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0413 Denial and Disciplinary Actions {#sec-12-ncac-07b-.0413 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0413}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. December 28, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0501 Purpose {#sec-12-ncac-07b-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0501}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to
  • Expire on March 15, 1980
  • Statutory Authority G.S. 74C-5
  • Made Permanent With Change Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0502 Definitions {#sec-12-ncac-07b-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0502}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to
  • Expire on March 15, 1980
  • Statutory Authority G.S. 74C-3; 74C-5
  • Made Permanent With Change Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0503 Licenses and Permits {#sec-12-ncac-07b-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0503}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-16
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0504 License and Permit Applications {#sec-12-ncac-07b-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0504}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-16
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0505 Licensing Qualifications {#sec-12-ncac-07b-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0505}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-16
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0506 Experience Requirements for Licenses and Permits {#sec-12-ncac-07b-.0506 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0506}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-16
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0507 Trainee Requirements {#sec-12-ncac-07b-.0507 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0507}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-16
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0508 Unarmed Employee Registration {#sec-12-ncac-07b-.0508 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0508}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-16
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0509 Employment of Temporary Unarmed Employees {#sec-12-ncac-07b-.0509 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0509}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-16
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0510 Armed Employee Registration {#sec-12-ncac-07b-.0510 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0510}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-16
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0511 Employment of Undercover Agents {#sec-12-ncac-07b-.0511 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0511}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-16
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0512 Law Enforcement Officers {#sec-12-ncac-07b-.0512 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0512}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-16
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0513 Uniforms and Equipment {#sec-12-ncac-07b-.0513 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0513}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-16
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0514 Denials and Disciplinary Actions {#sec-12-ncac-07b-.0514 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0514}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-16
  • Eff. December 28, 1979
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0601 Purpose {#sec-12-ncac-07b-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0601}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to
  • Expire on March 15, 1980
  • Statutory Authority G.S. 74C-4
  • Made Permanent Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0602 Definitions {#sec-12-ncac-07b-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0602}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to
  • Expire on March 15, 1980
  • Statutory Authority G.S. 74C-3; 74C-5
  • Made Permanent With Change Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0603 Licenses and Permits {#sec-12-ncac-07b-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0603}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-8; 74C-9
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0604 License and Permit Applications {#sec-12-ncac-07b-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0604}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-8; 74C-9
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0605 Licensing Qualifications {#sec-12-ncac-07b-.0605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0605}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-8; 74C-9
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0606 Experience Requirements {#sec-12-ncac-07b-.0606 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0606}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-8; 74C-9
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0607 Trainee Requirements {#sec-12-ncac-07b-.0607 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0607}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-8; 74C-9
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0608 Unarmed Employee Registration {#sec-12-ncac-07b-.0608 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0608}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-8; 74C-9
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0609 Armed Employee Registration {#sec-12-ncac-07b-.0609 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0609}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-8; 74C-9
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0610 Contracts {#sec-12-ncac-07b-.0610 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0610}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-8; 74C-9
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0611 Reports {#sec-12-ncac-07b-.0611 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0611}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-8; 74C-9
  • Eff. December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0612 Law Enforcement Officers {#sec-12-ncac-07b-.0612 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0612}

History

  • Status: repealed
  • Authority G.S. 74C-5
  • Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0701 Purpose {#sec-12-ncac-07b-.0701 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0701}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13
  • Eff. November 16, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0702 Definitions {#sec-12-ncac-07b-.0702 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0702}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13
  • Eff. November 16, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0703 Powers of the Board {#sec-12-ncac-07b-.0703 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0703}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13
  • Eff. November 16, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0704 Duties of the Administrator {#sec-12-ncac-07b-.0704 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0704}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13
  • Eff. November 16, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0705 Firearms Registration Permit {#sec-12-ncac-07b-.0705 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0705}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(i)] Eff. March 1, 1980 for a Period of 120 Days to
  • Expire on June 29, 1980
  • Statutory Authority G.S. 74C-5; 74C-13
  • Eff. November 16, 1979
  • Emergency Amendment [(i)] Made Permanent Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0706 Minimum Standards for a Firearms Registration Permit {#sec-12-ncac-07b-.0706 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0706}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13; 74C-14
  • Eff. November 16, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0707 Application for a Firearms Registration Permit {#sec-12-ncac-07b-.0707 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0707}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13; 74C-14
  • Eff. November 16, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0708 Investigation of Applicants {#sec-12-ncac-07b-.0708 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0708}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13; 74C-14
  • Eff. November 16, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0709 Training Requirements for Applicants {#sec-12-ncac-07b-.0709 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0709}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13; 74C-14
  • Eff. November 16, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0710 Certification of Training {#sec-12-ncac-07b-.0710 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0710}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13; 74C-14
  • Eff. November 16, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0711 Requirements for Instructors {#sec-12-ncac-07b-.0711 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0711}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13; 74C-14
  • Eff. November 16, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0712 Certification of Firearms Trainers {#sec-12-ncac-07b-.0712 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0712}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13; 74C-14
  • Eff. November 16, 1979
  • Amended Eff. November 1, 1981; June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0713 Renewal of a Firearms Registration Permit {#sec-12-ncac-07b-.0713 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0713}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13
  • Eff. January 1, 1980
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0714 Expiration of a Firearms Registration Permit {#sec-12-ncac-07b-.0714 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0714}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13
  • Eff. January 1, 1980
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0715 Training Requirements for Renewal of Permits {#sec-12-ncac-07b-.0715 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0715}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13
  • Eff. January 1, 1980
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0716 Prohibited Acts {#sec-12-ncac-07b-.0716 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0716}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13
  • Eff. January 1, 1980
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0717 Denial: Suspension or Revocation of a Permit {#sec-12-ncac-07b-.0717 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0717}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13
  • Eff. January 1, 1980
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0718 Registration of Proprietary Security Organization {#sec-12-ncac-07b-.0718 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0718}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-13
  • Eff. January 1, 1980
  • Amended Eff. June 27, 1980
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0801 Rule-Making and Administrative Hearing Procedures {#sec-12-ncac-07b-.0801 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0801}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-12; 150A-11; 150A-14
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. November 1, 1981; December 28, 1979
  • Repealed Eff. March 1, 1982.
12 NCAC 07B .0802 Contents of Petition {#sec-12-ncac-07b-.0802 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0802}

History

  • Status: repealed
  • Authority G.S. 150A-16; 74C-5(1)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .0803 Disposition of Petitions {#sec-12-ncac-07b-.0803 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0803}

History

  • Status: repealed
  • Authority G.S. 150A-16; 74C-5(1)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .0901 Timing of Notice {#sec-12-ncac-07b-.0901 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0901}

History

  • Status: repealed
  • Authority G.S. 74B-5; 74C-5(1); 150A-12
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .0902 Notice Mailing List {#sec-12-ncac-07b-.0902 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0902}

History

  • Status: repealed
  • Authority G.S. 74B-5; 74C-5(1); 150A-12
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .0903 Additional Information {#sec-12-ncac-07b-.0903 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .0903}

History

  • Status: repealed
  • Authority G.S. 74B-5; 74C-5(1); 150A-12
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1001 Request to Participate {#sec-12-ncac-07b-.1001 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1001}

History

  • Status: repealed
  • Authority G.S.74C-5(1); 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1002 Contents of Request: General Time Limitations {#sec-12-ncac-07b-.1002 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1002}

History

  • Status: repealed
  • Authority G.S.74C-5(1); 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1003 Receipt of Request: Specific Time Limits {#sec-12-ncac-07b-.1003 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1003}

History

  • Status: repealed
  • Authority G.S.74C-5(1); 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1004 Written Submissions {#sec-12-ncac-07b-.1004 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1004}

History

  • Status: repealed
  • Authority G.S.74C-5(1); 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1005 Presiding Officer: Powers and Duties {#sec-12-ncac-07b-.1005 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1005}

History

  • Status: repealed
  • Authority G.S.74C-5(1); 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1006 Statement of Reasons for Decision {#sec-12-ncac-07b-.1006 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1006}

History

  • Status: repealed
  • Authority G.S.74C-5(1); 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1007 Record of Proceedings {#sec-12-ncac-07b-.1007 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1007}

History

  • Status: repealed
  • Authority G.S.74C-5(1); 150A-12(a); 150A-12(d); 150A-12(e)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1101 Subjects of Declaratory Rulings {#sec-12-ncac-07b-.1101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1101}

History

  • Status: repealed
  • Authority G.S. 74C-5(1); 150A-12(e); 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1102 Submission of Request for Ruling {#sec-12-ncac-07b-.1102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1102}

History

  • Status: repealed
  • Authority G.S. 74C-5(1); 150A-12(e); 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1103 Disposition of Requests {#sec-12-ncac-07b-.1103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1103}

History

  • Status: repealed
  • Authority G.S. 74C-5(1); 150A-12(e); 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1104 Record of Decision {#sec-12-ncac-07b-.1104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1104}

History

  • Status: repealed
  • Authority G.S. 74C-5(1); 150A-12(e); 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1105 Definition {#sec-12-ncac-07b-.1105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1105}

History

  • Status: repealed
  • Authority G.S. 74C-5(1); 150A-12(e); 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1201 Right to Hearing {#sec-12-ncac-07b-.1201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1201}

History

  • Status: repealed
  • Authority G.S. 74C-12(b); 150A-2(2); 150A-23(a)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1202 Request for Hearing {#sec-12-ncac-07b-.1202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1202}

History

  • Status: repealed
  • Authority G.S. 74C-12(b); 150A-2(2); 150A-23(a)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1203 Granting or Denying Hearing Requests {#sec-12-ncac-07b-.1203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1203}

History

  • Status: repealed
  • Authority G.S. 74C-12(b); 150A-2(2); 150A-23(a)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1204 Notice of Hearing {#sec-12-ncac-07b-.1204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1204}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(2) and (6)] Eff. March 21, 1980, for a Period of 101
  • Days to Expire on June 29, 1980
  • Filed as an Emergency Amendment [(2)] Eff. March 1, 1980 for a Period of 120 Days to
  • Expire on June 29, 1980
  • Statutory Authority G.S. 150A-23; 74C-12(b)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Emergency Amendment [(2) and (6)] Eff. March 21, 1980 Made Permanent
  • Eff. June 27, 1980
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1205 Who Shall Hear Contested Cases {#sec-12-ncac-07b-.1205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1205}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 74C-12(b); 150A-23(a); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1206 Petition for Intervention {#sec-12-ncac-07b-.1206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1206}

History

  • Status: repealed
  • Authority G.S. 1A-1, Rule 24; 74C-12(b); 150A-23(a); 150A-32
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1207 Types of Intervention {#sec-12-ncac-07b-.1207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1207}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(a)] Eff. March 1, 1980 for a Period of 120 Days to
  • Expire on June 29, 1980
  • Statutory Authority G.S. 1A-1, Rule 24; 150A-23(a); 74C-12(b)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Emergency Amendment [(a)] Made Permanent Eff. June 27, 1980
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1208 Disqualification of Hearing Officers {#sec-12-ncac-07b-.1208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1208}

History

  • Status: repealed
  • Authority G.S. 150A-32; 74C-12(b)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1209 Written Answers to Hearing Notice {#sec-12-ncac-07b-.1209 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1209}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. March 21, 1980, for a Period of 120 Days to Expire
  • on July 18, 1980
  • Statutory Authority G.S. 74C-5; 150A-25
  • Made Permanent Eff. June 27, 1980
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1301 Failure to Appear {#sec-12-ncac-07b-.1301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1301}

History

  • Status: repealed
  • Authority G.S.74C-12(b); 150A-25(a); 150A-33(5)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1302 Simplification of Issues {#sec-12-ncac-07b-.1302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1302}

History

  • Status: repealed
  • Authority G.S.74C-12(b); 150A-25(a); 150A-33(5)
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1303 Subpoenas {#sec-12-ncac-07b-.1303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1303}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(d)] Eff. March 1, 1980 for a Period of
  • 120 Days to Expire on June 29, 1980
  • Statutory Authority G.S. 43-3; 74C-5; 150A-27
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Emergency Amendment [(d)] Made Permanent Eff. June 27, 1980
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1304 Final Decisions in Administrative Hearings {#sec-12-ncac-07b-.1304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1304}

History

  • Status: repealed
  • Authority G.S. 43-3; 74C-5; 150A-34(a); 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.
12 NCAC 07B .1305 Proposals for Decision {#sec-12-ncac-07b-.1305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07B .1305}

History

  • Status: repealed
  • Authority G.S. 43-3; 74C-5; 150A-34(a); 150A-43
  • Eff. February 1, 1976
  • Readopted Eff. November 28, 1977
  • Amended Eff. December 28, 1979
  • Repealed Eff. November 1, 1981.

Subchapter C

12 NCAC 07C .0101 Purpose {#sec-12-ncac-07c-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0101}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0102 Location {#sec-12-ncac-07c-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0102}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0103 Standing Committees of the Board {#sec-12-ncac-07c-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0103}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0104 Definitions {#sec-12-ncac-07c-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0104}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0105 Licenses and Permits {#sec-12-ncac-07c-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0105}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0106 Application for Licenses and Permits {#sec-12-ncac-07c-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0106}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0107 Fees for Licenses and Permits {#sec-12-ncac-07c-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0107}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0108 Renewal or Re-Issue of Licenses and Permits {#sec-12-ncac-07c-.0108 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0108}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0109 Identification Cards of Licensees {#sec-12-ncac-07c-.0109 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0109}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0110 Registration with the Board {#sec-12-ncac-07c-.0110 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0110}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0111 Application for Registration {#sec-12-ncac-07c-.0111 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0111}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0112 Minimum Standards for a Registration Identification Card {#sec-12-ncac-07c-.0112 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0112}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0113 Investigation for Registration Identifications Card {#sec-12-ncac-07c-.0113 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0113}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0114 Registration Identification Cards {#sec-12-ncac-07c-.0114 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0114}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0115 Renewal or Re-Reissue of Registration {#sec-12-ncac-07c-.0115 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0115}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0116 Temporary Employees {#sec-12-ncac-07c-.0116 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0116}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0117 Uniforms and Equipment {#sec-12-ncac-07c-.0117 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0117}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0118 Prohibited Acts {#sec-12-ncac-07c-.0118 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0118}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0119 Written Reprimand {#sec-12-ncac-07c-.0119 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0119}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0120 Determination of Experience {#sec-12-ncac-07c-.0120 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0120}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0121 Law Enforcement Officers Special Provisions {#sec-12-ncac-07c-.0121 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0121}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0122 Contracts {#sec-12-ncac-07c-.0122 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0122}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0123 Rule-Making and Administrative Hearing Procedures {#sec-12-ncac-07c-.0123 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0123}

History

  • Status: repealed
  • Filed as a Temporary Amendment Eff. June 28, 1982 for a Period of 120 Days to Expire on
  • October 26, 1982
  • Statutory Authority G.S. 74C-3 through 74C-13; 74C-15; 74C-16
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1982; September 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0201 Purpose {#sec-12-ncac-07c-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0201}

History

  • Status: repealed
  • Authority G.S. 74C-3; 74C-5; 74C-9
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0202 Experience Requirements for Licenses and Permits {#sec-12-ncac-07c-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0202}

History

  • Status: repealed
  • Authority G.S. 74C-3; 74C-5; 74C-9
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0203 Trainee Requirements {#sec-12-ncac-07c-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0203}

History

  • Status: repealed
  • Authority G.S. 74C-3; 74C-5; 74C-9
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0301 Purpose {#sec-12-ncac-07c-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0301}

History

  • Status: repealed
  • Authority G.S. 74C-3; 74C-5; 74C-9
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0302 Experience Requirements: Detection of Deception Examiners {#sec-12-ncac-07c-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0302}

History

  • Status: repealed
  • Authority G.S. 74C-3; 74C-5; 74C-9
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0303 Trainee Requirements {#sec-12-ncac-07c-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0303}

History

  • Status: repealed
  • Authority G.S. 74C-3; 74C-5; 74C-9
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0304 Detection of Deception Examination {#sec-12-ncac-07c-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0304}

History

  • Status: repealed
  • Authority G.S. 74C-3; 74C-5; 74C-9
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0305 Instrument Requirement Detection of Deception {#sec-12-ncac-07c-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0305}

History

  • Status: repealed
  • Authority G.S. 74C-3; 74C-5; 74C-9
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0401 Purpose {#sec-12-ncac-07c-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0401}

History

  • Status: repealed
  • Authority G.S. 74C-3; 74C-5; 74C-9
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0402 Experience Requirements for Licenses and Permits {#sec-12-ncac-07c-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0402}

History

  • Status: repealed
  • Authority G.S. 74C-3; 74C-5; 74C-9
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0403 Trainee Requirements {#sec-12-ncac-07c-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0403}

History

  • Status: repealed
  • Authority G.S. 74C-3; 74C-5; 74C-9
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0501 Purpose {#sec-12-ncac-07c-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0501}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-9; 74C-12
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0502 Experience Requirements {#sec-12-ncac-07c-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0502}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-9; 74C-12
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0503 Trainee Requirements {#sec-12-ncac-07c-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0503}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-9; 74C-12
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0504 Reports {#sec-12-ncac-07c-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0504}

History

  • Status: repealed
  • Authority G.S. 74C-4; 74C-5; 74C-9; 74C-12
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0601 Purpose {#sec-12-ncac-07c-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0601}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0602 Firearms Registration Permit {#sec-12-ncac-07c-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0602}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0603 Minimum Standards for a Firearms Registration Permit {#sec-12-ncac-07c-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0603}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0604 Application for a Firearms Registration Permit {#sec-12-ncac-07c-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0604}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0605 Investigation of Applicants {#sec-12-ncac-07c-.0605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0605}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0606 Training Requirements for Applicants {#sec-12-ncac-07c-.0606 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0606}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0607 Certification of Training {#sec-12-ncac-07c-.0607 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0607}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0608 Requirements for Trainers {#sec-12-ncac-07c-.0608 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0608}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0609 Certification of Trainers {#sec-12-ncac-07c-.0609 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0609}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0610 Renewal of a Firearms Registration Permit {#sec-12-ncac-07c-.0610 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0610}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0611 Expiration of a Firearms Registration Permit {#sec-12-ncac-07c-.0611 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0611}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0612 Training Requirements for Renewal of Permits {#sec-12-ncac-07c-.0612 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0612}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0613 Prohibited Acts {#sec-12-ncac-07c-.0613 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0613}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0614 Denial: Suspension or Revocation of a Permit {#sec-12-ncac-07c-.0614 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0614}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.
12 NCAC 07C .0615 Registration of a Proprietary Security Organization {#sec-12-ncac-07c-.0615 omnilex-key=us-nc-regs-official--title-12--12 NCAC 07C .0615}

History

  • Status: repealed
  • Authority G.S. 74C-5; 74C-7; 74C-13; 74C-15
  • Eff. March 1, 1982
  • Repealed Eff. June 1, 1984.

Chapter 08 General Statutes Commission

12 NCAC 08 .0101 Organization of the General Statutes Commission {#sec-12-ncac-08-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0101}

History

  • Status: repealed
  • Authority G.S. 164-12; 164-14; 164-16; 143A-6
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. November 1, 1984; October 1, 1982; June 1, 1982
  • Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).
12 NCAC 08 .0102 Duties {#sec-12-ncac-08-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0102}

History

  • Status: repealed
  • Authority G.S. 164-13
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. June 1, 1982
  • Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).
12 NCAC 08 .0103 Meetings {#sec-12-ncac-08-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0103}

History

  • Status: repealed
  • Authority G.S. 164-13; 164-15; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1995; November 2, 1992; November 1, 1984
  • Repealed Eff. June 1, 2011 pursuant to S.L. 2011-97.
12 NCAC 08 .0104 Procedures {#sec-12-ncac-08-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0104}

History

  • Status: repealed
  • Authority G.S. 164-13; 164-15; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1995; November 2, 1992; November 1, 1984
  • Repealed Eff. June 1, 2011 pursuant to S.L. 2011-97.
12 NCAC 08 .0105 Records {#sec-12-ncac-08-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0105}

History

  • Status: repealed
  • Authority G.S. 164-13; 164-15; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Amended Eff. December 1, 1995; November 2, 1992; November 1, 1984
  • Repealed Eff. June 1, 2011 pursuant to S.L. 2011-97.
12 NCAC 08 .0106 Committees {#sec-12-ncac-08-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0106}

History

  • Status: repealed
  • Authority G.S. 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).
12 NCAC 08 .0107 Reports {#sec-12-ncac-08-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0107}

History

  • Status: repealed
  • Authority G.S. 164-18
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).
12 NCAC 08 .0108 Model Procedures Adopted: Modifications {#sec-12-ncac-08-.0108 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0108}

History

  • Status: repealed
  • Authority G.S. 143A-53; 150A-11;150A-12; 150A-14; 150A-16; 164-17
  • Eff. November 2, 1981
  • Amended Eff. March 1, 1983
  • Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).
12 NCAC 08 .0109 Drafting Committees {#sec-12-ncac-08-.0109 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0109}

History

  • Status: repealed
  • Authority G.S. 164-13; 164-17
  • Eff. November 2, 1992
  • Repealed Eff. June 1, 2011 pursuant to S.L. 2011-97.
12 NCAC 08 .0201 Petition for Rulemaking Hearings {#sec-12-ncac-08-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0201}

History

  • Status: repealed
  • Authority G.S. 150A-16; 150A-17; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0202 Contents of Petition {#sec-12-ncac-08-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0202}

History

  • Status: repealed
  • Authority G.S. 150A-16; 150A-17; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0203 Disposition of Petitions {#sec-12-ncac-08-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0203}

History

  • Status: repealed
  • Authority G.S. 150A-16; 150A-17; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0204 Petitions for Rulemaking {#sec-12-ncac-08-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0204}

History

  • Status: repealed
  • Authority G.S. 164-17; 150B-20
  • Eff. November 2, 1992
  • Repealed Eff. June 1, 2011 pursuant to S.L. 2011-97.
12 NCAC 08 .0301 Hearing: Notice {#sec-12-ncac-08-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0301}

History

  • Status: repealed
  • Authority G.S. 150A-12; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0302 Notice Mailing List {#sec-12-ncac-08-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0302}

History

  • Status: repealed
  • Authority G.S. 150A-12; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0303 Additional Information {#sec-12-ncac-08-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0303}

History

  • Status: repealed
  • Authority G.S. 150A-12; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0401 Request to Participate {#sec-12-ncac-08-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0401}

History

  • Status: repealed
  • Authority G.S. 150A-12; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0402 Contents of Request: General Time Limitations {#sec-12-ncac-08-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0402}

History

  • Status: repealed
  • Authority G.S. 150A-12; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0403 Receipt of Request: Specific Time Limits {#sec-12-ncac-08-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0403}

History

  • Status: repealed
  • Authority G.S. 150A-12; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0404 Written Submissions {#sec-12-ncac-08-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0404}

History

  • Status: repealed
  • Authority G.S. 150A-12; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0405 Presiding Officer: Powers and Duties {#sec-12-ncac-08-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0405}

History

  • Status: repealed
  • Authority G.S. 150A-12; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0406 Statement of Reasons for Decision {#sec-12-ncac-08-.0406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0406}

History

  • Status: repealed
  • Authority G.S. 150A-12; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0501 Subjects of Declaratory Rulings {#sec-12-ncac-08-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0501}

History

  • Status: repealed
  • Authority G.S. 150A-12; 150A-17; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0502 Submission of Request for Ruling {#sec-12-ncac-08-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0502}

History

  • Status: repealed
  • Authority G.S. 150A-12; 150A-17; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0503 Disposition of Requests {#sec-12-ncac-08-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0503}

History

  • Status: repealed
  • Authority G.S. 150A-12; 150A-17; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0504 Record of Decision {#sec-12-ncac-08-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0504}

History

  • Status: repealed
  • Authority G.S. 150A-12; 150A-17; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0505 Definition {#sec-12-ncac-08-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0505}

History

  • Status: repealed
  • Authority G.S. 150A-12; 150A-17; 164-17
  • Eff. February 1, 1976
  • Readopted Eff. January 5, 1978
  • Repealed Eff. November 2, 1981.
12 NCAC 08 .0506 Declaratory Rulings {#sec-12-ncac-08-.0506 omnilex-key=us-nc-regs-official--title-12--12 NCAC 08 .0506}

History

  • Status: repealed
  • Authority G.S. 164-17; 150B-4
  • Eff. November 30, 1992
  • Repealed Eff. June 1, 2011 pursuant to S.L. 2011-97.

Chapter 09 Criminal Justice Education and Training Standards

Subchapter A

12 NCAC 09A .0101 Location {#sec-12-ncac-09a-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0101}

The North Carolina Criminal Justice Education and Training Standards Commission is established in the Department of Justice and is located in the Old Education Building, 114 West Edenton Street, in Raleigh, North Carolina. The mailing address is:

History

  • Authority G.S. 17C-3; 17C-6
  • Eff. January 1, 1981
  • Amended Eff. November 1, 1998; August 15, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09A .0102 Purpose {#sec-12-ncac-09a-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0102}

The purpose of the commission is to raise the level of competence within the criminal justice community by:

(1) Establishing minimum standards for employment and retention of criminal justice personnel;

(2) Establishing minimum standards for the training and education of criminal justice personnel;

(3) Promoting the planning and development of a systematic career development program for criminal justice professionals by providing and encouraging advanced or specialized training, education, and certification;

(4) Planning and promoting the development and improvement of a comprehensive system of education and training in the administration of criminal justice;

(5) Conducting and stimulating research and planning, by public and private agencies, designed to improve education and training in the administration of criminal justice;

(6) Studying the recruitment, selection, education and training of criminal justice personnel and recommending improvements in such methods; and

(7) Maintaining liaison among local, state, and federal agencies with respect to criminal justice education and training.

History

  • Authority G.S. 17C-1; 17C-6
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09A .0103 Definitions {#sec-12-ncac-09a-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0103}

The following definitions apply throughout Subchapters 12 NCAC 09A through 12 NCAC 09F:

(1) "Active Duty Military" means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance while in the active military service at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.

(2) "Agency" or "Criminal Justice Agency" means those state and local agencies identified in G.S. 17C-2(2).

(3) "Alcohol Law Enforcement Agent" means a law enforcement officer appointed by the Secretary of the Department of Public Safety as authorized by G.S. 18B-500.

(4) "Chief Court Counselor" means the person responsible for administration and supervision of juvenile intake, probation, and post-release supervision in each judicial district, operating under the supervision of the Department of Public Safety, Division of Juvenile Justice.

(5) "Commission" means the North Carolina Criminal Justice Education and Training Standards Commission.

(6) "Commission of an offense" means a finding by the North Carolina Criminal Justice Education and Training Standards Commission, pursuant to 12 NCAC 09A .0201, or equivalent regulating body from another state that a person performed the acts necessary to satisfy the elements of a specified criminal offense.

(7) "Convicted" or "Conviction" means the entry of:

(a) a plea of guilty;

(b) a verdict or finding of guilt by a jury, judge, magistrate, or other adjudicating body, tribunal, or official, either civilian or military; or

(c) a plea of no contest, nolo contendere, or the equivalent.

(8) "Criminal Justice Officer(s)" means those officers identified in G.S. 17C-2(3).

(9) "Criminal Justice System" means the whole of the State and local criminal justice agencies described in Item (2) of this Rule.

(10) "Agency Head" means the chief administrator of any criminal justice agency, and specifically includes any chief of police or agency director. "Agency Head" also includes a designee appointed in writing by the Agency Head.

(11) "Director" means the Director of the Criminal Justice Standards Division of the North Carolina Department of Justice.

(12) "Division" means the Criminal Justice Standards Division of the North Carolina Department of Justice.

(13) "Educational Points" means points earned toward the Professional Certificate Programs for studies completed, with passing scores achieved, for semester hour or quarter hour credit hours awarded from colleges or universities accredited by the Department of Education of the state in which the institution is located, from an accredited body recognized by either the U.S. Department of Education or the Council for Higher Education Accreditation, or from the state university of the state in which the institution is located.

(14) "Enrolled" means that an individual is currently actively participating in an on-going presentation of a Commission-certified basic training course that has not concluded on the day probationary certification expires. The term "currently actively participating" as used in this definition means:

(a) for law enforcement officers, that the officer is attending an approved course presentation averaging a minimum of 12 hours of instruction each week; and

(b) for Department of Public Safety, Division of Juvenile Justice personnel, that the officer is attending the last or final phase of the approved training course necessary for satisfying the total course completion requirements.

(15) "High School" means an educational program that meets the compulsory attendance requirements in the jurisdiction in which the school is located.

(16) "In-Service Training" means all training that must be completed, pursuant to this Chapter, with passing scores achieved, by all certified law enforcement officers during each full calendar year of certification.

(17) "In-Service Training Coordinator" means the person designated by a Criminal Justice Agency head to administer the agency's In-Service Training program.

(18) "Lateral Transfer" means the employment of a criminal justice officer by a Criminal Justice Agency based upon the officer's special qualifications or experience, without following the usual selection process established by the agency for basic officer positions.

(19) "Law Enforcement Code of Ethics" means the code adopted by the Commission on September 19, 1973, that reads as follows:

As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality, and justice.

I will keep my private life unsullied as an example to all, and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will never engage in acts or corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice.

I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence.

I will constantly strive to achieve these objectives and ideals, dedicating myself before God or by affirmation to my chosen profession law enforcement.

(20) "Juvenile Court Counselor" means a person responsible for intake services and court supervision services to juveniles under the supervision of the Chief Court Counselor.

(21) "Juvenile Justice Officer" means a person designated by the Secretary of the Department of Public Safety, Division of Juvenile Justice to provide for the care and supervision of juveniles placed in the physical custody of the Department.

(22) "Law Enforcement Officer" means an appointee of a Criminal Justice Agency, an agency of the State, or of any political subdivision of the State who, by virtue of his or her office, is empowered to make arrests for violations of the laws of this State. Specifically excluded from the title "Law Enforcement Officer" are sheriffs and their sworn appointees with arrest authority who are governed by the provisions of G.S. 17E.

(23) "Law Enforcement Training Points" means points earned toward the Law Enforcement Officers' Professional Certificate Program by successful completion of Commission-approved law enforcement training courses. Twenty classroom hours of Commission-approved law enforcement training equals one law enforcement training point.

(24) "LIDAR" is an acronym for "Light Detection and Ranging" and means a speed-measuring instrument that electronically computes, from transmitted infrared light pulses, the speed of a vehicle under observation.

(25) "Local Confinement Personnel" means any officer, supervisor, or administrator of a local confinement facility in North Carolina as defined in G.S. 153A-217; any officer, supervisor, or administrator of a county confinement facility in North Carolina as defined in G.S. 153A-218; or any officer, supervisor, or administrator of a district confinement facility in North Carolina as defined in G.S. 153A-219.

(26) "Misdemeanor" means those criminal offenses not classified under the laws, statutes, or ordinances as felonies. Misdemeanor offenses are classified by the Commission as follows:

(a) "Class A Misdemeanor" means a misdemeanor committed or omitted in violation of any common law, duly-enacted ordinance, or criminal statute of this State that is not classified as a Class B Misdemeanor pursuant to Sub-item (24)(b) of this Rule. Class A Misdemeanor also includes any act committed or omitted in violation of any common law, duly enacted ordinance, criminal statute, or criminal traffic code of any jurisdiction other than North Carolina, either civil or military, for which the maximum punishment allowable for the designated offense under the laws, statutes, or ordinances of the jurisdiction in which the offense occurred includes imprisonment for a term of not more than six months. Excluded from "Class A Misdemeanor" criminal offenses for jurisdictions other than North Carolina are motor vehicle or traffic offenses designated as misdemeanors under the laws of other jurisdictions or duly enacted ordinances of an authorized governmental entity, with the exception of the offense of impaired driving that is included herein as a Class A Misdemeanor if the offender could have been sentenced for a term of not more than six months. Also included herein as a Class A Misdemeanor is the offense of impaired driving, if the offender was sentenced under punishment level three G.S. 20-179(i), level four G.S. 20-179(j), or level five G.S. 20-179(k). Class A Misdemeanor shall also include acts committed or omitted in North Carolina prior to October 1, 1994, in violation of any common law, duly enacted ordinance, or criminal statute of this State for which the maximum punishment allowable for the designated offense included imprisonment for a term of not more than six months.

(b) "Class B Misdemeanor" means an act committed or omitted in violation of any common law, criminal statute, or criminal traffic code of this State that is classified as a Class B Misdemeanor as set forth in the Class B Misdemeanor Manual as published by the North Carolina Department of Justice, incorporated herein by reference, and shall include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6. The publication is available from the Commission's website: http://www.ncdoj.gov/getdoc/60bb12ca-47c0-48cb-a0e3-6095183c4c2a/Class-B-Misdemeanor-Manual-2005.aspx. Class B Misdemeanor also includes any act committed or omitted in violation of any common law, duly enacted ordinance, criminal statute, or criminal traffic code of any jurisdiction other than North Carolina, either civil or military, for which the maximum punishment allowable for the designated offense under the laws, statutes, or ordinances of the jurisdiction in which the offense occurred includes imprisonment for a term of more than six months but not more than two years. Excluded from this grouping of "Class B Misdemeanor" criminal offenses for jurisdictions other than North Carolina, are motor vehicle or traffic offenses designated as being misdemeanors under the laws of other jurisdictions with the following exceptions: Class B Misdemeanor includes the following:

(i) either first or subsequent offenses of driving while impaired if the maximum allowable punishment is for a term of more than six months but not more than two years;

(ii) driving while license permanently revoked or permanently suspended;

(iii) those traffic offenses occurring in other jurisdictions which are comparable to the traffic offenses specifically listed in the Class B Misdemeanor Manual; and

(iv) an act committed or omitted in North Carolina prior to October 1, 1994, in violation of any common law, duly enacted ordinance, criminal statute, or criminal traffic code of this State for which the maximum punishment allowable for the designated offense included imprisonment for a term of more than six months but not more than two years.

(27) "Qualified Assistant" means an additional staff person designated by the School Director, pursuant to Rule 09B .0201 of this Chapter, to assist in the administration of a course when an institution or agency assigns additional responsibilities to the certified School Director during the planning, development, and implementation of a certified course.

(28) "Radar" means a speed-measuring instrument that transmits microwave energy in the 10,500 to 10,550 MHZ frequency (X) band, the 24,050 to 24,250 MHZ frequency (K) band, or the 33,400 to 36,000 MHZ (Ka) band and operates in either the stationary or moving mode.

(29) "School" means an institution, college, university, academy, or agency that offers criminal justice, law enforcement, or traffic control and enforcement training for criminal justice officers or law enforcement officers. "School" includes the criminal justice training course curriculum, instructors, and facilities.

(30) "School Director" means the person designated by the sponsoring institution or agency to administer the school, pursuant to Rule 09B .0201 of this Chapter.

(31) "Speed-Measuring Instruments" (SMI) means those devices or systems, including RADAR, Time-Distance, and LIDAR, approved under authority of G.S. 17C-6(a)(13) for use in North Carolina in determining the speed of a vehicle under observation and particularly includes all devices or systems described or referenced in 12 NCAC 09C .0601.

(32) "Time-Distance" means a speed-measuring instrument that electronically computes, from measurements of time and distance, the average speed of a vehicle under observation.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10; 153A-217
  • Eff. January 1, 1981
  • Amended Eff. November 1, 1981; August 15, 1981
  • Readopted Eff. July 1, 1982
  • Temporary Amendment Eff. December 14, 1983 for a period of 120 days to expire on April 12, 1984
  • Amended Eff. November 1, 1993; March 1, 1990; July 1, 1989
  • Temporary Amendment Eff. October 1, 1994 for a period of 180 days to expire on April 1, 1995
  • Amended Eff. August 1, 2000; April 1, 1999; August 1, 1998; January 1, 1995
  • Temporary Amendment Eff. January 1, 2001
  • Amended Eff. August 1, 2002; April 1, 2001
  • Temporary Amendment Eff. April 15, 2003
  • Amended Eff. January 1, 2017; February 1, 2016; January 1, 2015; January 1, 2006; June 1, 2005; April 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2025; October 1, 2022.
12 NCAC 09A .0104 Standing Committees {#sec-12-ncac-09a-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0104}

History

  • Status: repealed
  • Authority G.S. 17C-5; 17C-6; 17C-8
  • Eff. January 1, 1981
  • Repealed Eff. July 1, 1987.
12 NCAC 09A .0105 Special Committees {#sec-12-ncac-09a-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0105}

History

  • Status: repealed
  • Authority G.S. 17C-5; 17C-6; 17C-8
  • Eff. January 1, 1981
  • Repealed Eff. July 1, 1987.
12 NCAC 09A .0106 Criminal Justice Standards Division {#sec-12-ncac-09a-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0106}

The Criminal Justice Standards Division of the Department of Justice shall administer the standards set forth in these Rules regarding the certification of criminal justice officers and instructors and the accreditation of criminal justice training schools and programs. The Standards Division shall present to the Commission for its adoption administrative procedures for those programs of certification and accreditation and may create appropriate forms for application for and administration of those programs.

History

  • Authority G.S. 17C-6; 17C-9
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09A .0107 PROCEDURES FOR PETITiONS FOR RULE-MAKING {#sec-12-ncac-09a-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0107}

(a) Petitions for Rule-Making shall be submitted to the Commission and shall contain:

(1) petitioner's name, address, and telephone number;

(2) a draft of the proposed rule or rule change for adoptions or amendments; and

(3) the reason for its proposal.

(b) Petitioners may also submit the following in the petition:

(1) the effect of the proposal on existing rules or decisions;

(2) data supporting the proposal;

(3) practices likely to be affected by the proposal; and

(4) a list or description of persons likely to be affected by the proposed rule.

History

  • Authority G.S. 150B-20
  • Eff. January 1, 1981
  • Amended Eff. April 1, 2009; November 1, 1993; July 1, 1988; April 1, 1984
  • Pursuant to G.S. 150B-33(b)(9), Administrative Law Judge Donald W. Overby declared Paragraph (d) of this rule void as applied in Curtis Canty v. NC Criminal Justice Education and Training Standards Commission (14 DOJ 01202)
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. August 1, 2019.
12 NCAC 09A .0108 Applicability of Radar/Tds Standards Pre 7/1/82 {#sec-12-ncac-09a-.0108 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0108}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. July 1, 1982
  • Repealed Eff. August 1, 2014.
12 NCAC 09A .0201 Investigation of Violation of Rules {#sec-12-ncac-09a-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0201}

(a) If any criminal justice agency, school, authorized representative acting on behalf of either, or individual is reported to be or suspected of being in violation of any of the rules in this Chapter, the Commission may take action in accordance with Rules .0202 through .0206 of this Section if necessary to correct the violation and to ensure that similar violations do not occur in the future.

(b) Before taking action against an agency, school, or individual for a violation, the Standards Division shall investigate the alleged violation and present a report of its findings to the Probable Cause Committee of the Commission.

(c) The Probable Cause Committee shall convene prior to the next regular meeting of the Commission, shall consider the report of the Standards Division, and shall make a determination as to whether or not probable cause exists that the Commission's rules have been violated.

(d) If it is determined by the Probable Cause Committee that probable cause exists, it may:

(1) direct the Standards Division to conduct a further investigation of the alleged violation;

(2) direct the Standards Division to conduct an administrative hearing in the matter, pursuant to Rule .0207 of this Subchapter; or

(3) determine the appropriate sanctions against the violator pursuant to the Commission's rules.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. March 1, 2004; November 1, 1993; July 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2021.
12 NCAC 09A .0202 Sanctions for Violations by Agencies or Schools {#sec-12-ncac-09a-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0202}

If the Commission finds that a violation has been committed by an agency or school, the Commission may:

(1) issue an oral warning and request for compliance;

(2) issue a written warning and request for compliance;

(3) issue an official written reprimand;

(4) suspend and refuse to grant accreditation to any school or program or course of instruction until proper corrective measures have been taken to bring the agency or school into compliance with these Rules and verification of such compliance has been made by the Commission; or

(5) suspend and refuse to grant accreditation to any school or program or course of instruction for a specific period of time not to exceed five years.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. July 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09A .0203 Sanctions for Violations by Individuals {#sec-12-ncac-09a-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0203}

When any person certified by the Commission is found to have knowingly and willfully violated any provision or requirement of these Rules, the Commission may take action to correct the violation and to ensure that the violation does not re-occur, including:

(1) issuing an oral warning and request for compliance;

(2) issuing a written warning and request for compliance;

(3) issuing an official written reprimand;

(4) suspending the individual's certification for a specified period of time or until acceptable corrective action is taken by the individual;

(5) revoking or denying the individual's certification.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. July 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09A .0204 Suspension: Revocation: or Denial of Certification {#sec-12-ncac-09a-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0204}

(a) The Commission shall revoke the certification of a criminal justice officer when the Commission finds that the officer has committed, pursuant to 12 NCAC 09A .0103(6), or been convicted of:

(1) a felony offense; or

(2) a criminal offense for which the authorized punishment included imprisonment for more than two years.

(b) The Commission may suspend, revoke, or deny the certification of a criminal justice officer when the Commission finds that the applicant for certification or the certified officer:

(1) has not completed the required basic training course in its entirety within prescribed time periods relevant or applicable to a specified position or job title, pursuant to 12 NCAC 09C .0303(d) and 09G .0304(a).

(2) fails to meet or maintain one or more of the minimum employment standards required by 12 NCAC 09B .0100 for the category of the officer's certification or fails to meet or maintain one or more of the minimum training standards required by 12 NCAC 09B .0200 or 12 NCAC 09B .0400 for the category of the officer's certification;

(3) has committed or been convicted of:

(A) a criminal offense or unlawful act defined in 12 NCAC 09A .0103(26)(b) as a Class B misdemeanor; or

(B) four or more criminal offenses or unlawful acts defined in 12 NCAC 09A .0103(26)(a) as a Class A misdemeanor, each of which occurred after the date of initial certification;

(4) has been separated by a criminal justice agency for commission or conviction of a motor vehicle offense requiring the revocation of the officer's driver's license.

(5) has been discharged by a criminal justice agency because the officer lacks the mental or physical capabilities to properly fulfill the responsibilities of a criminal justice officer;

(6) has knowingly made a material misrepresentation, including knowingly providing false or omitting information, of any information required for certification or accreditation;

(7) has knowingly and willfully, by any means of false pretense, deception, defraudation, misrepresentation, or cheating, obtained or attempted to obtain credit, training, or certification from the Commission;

(8) has knowingly and willfully, by any means of false pretense, deception, defraudation, misrepresentation, or cheating, aided another person in obtaining or attempting to obtain credit, training, or certification from the Commission;

(9) has failed to make either of the notifications as required by 12 NCAC 09B .0101(13);

(10) has been removed from office by decree of the Superior Court in accord with the provisions of G.S. 128-16 or has been removed from office by sentence of the court in accord with the provisions of G.S. 14-230;

(11) fails to satisfactorily complete the minimum in-service training requirements as prescribed in 12 NCAC 09E .0100;

(12) has refused to submit to a drug screen as required by 12 NCAC 09C .0310 and 09G .0211;

(13) has produced a positive result on a drug screen reported to the Commission as specified in 12 NCAC 09C .0310 or 09G .0211, where the positive result cannot be explained to the Commission's satisfaction;

(14) has been denied certification or had certification suspended or revoked by the North Carolina Sheriffs' Education and Training Standards Commission, the North Carolina Criminal Justice Education and Training Standards Commission; the North Carolina Company/Campus Police Program; or a similar North Carolina, out of state or federal approving, certifying or licensing agency;

(15) has performed activities or duties for which certification by the Commission is required without having first obtained the appropriate certification; or

(16) has been convicted of any offense proscribed by 18 USC 922(g)(8) that would prohibit possession of a firearm or ammunition;

(17) has engaged in sexual activity, whether in uniform of the employing agency or out of uniform,

(A) while on duty;

(B) while on or off duty in a motor vehicle owned or under the control of a law enforcement agency;

(C) while on or off duty on the premises operated by the employing criminal justice agency;

(D) while in uniform of the employing agency in a public place;

(E) with an employee with whom the person had at the time supervisory responsibilities; or

(F) with a student who at the time is enrolled in a Commission-approved course in which the officer is an instructor, qualified assistant, or school director.

For purposes of this subsection, sexual activity includes any act defined as a sexual act or sexual contact per G.S. 14-27.20 and includes vaginal intercourse; or

(18) has been found to be untruthful during a criminal or internal formal investigation conducted by a law enforcement agency or during an investigation for a rules violation conducted by the North Carolina Criminal Justice Standards Division, North Carolina Sheriffs' Standards Division, or the North Carolina Company and Campus Police Administrator.

(c) Following suspension, revocation, or denial of the person's certification, the person may not remain employed or appointed as a criminal justice officer and the person may not exercise any authority of a criminal justice officer during a period for which the person's certification is suspended, revoked, or denied.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. April 1, 2009; February 1, 2006; August 1, 2001; August 1, 1995; November 1, 1993; March 1, 1992; July 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
  • Amended Eff: January 1, 2026.
12 NCAC 09A .0205 Period of Suspension: Revocation: or Denial {#sec-12-ncac-09a-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0205}

(a) When the Commission revokes or denies the certification of a criminal justice officer, the period of the sanction shall be permanent where the cause of sanction is:

(1) commission or conviction of a felony offense, except as provided by G.S. 17C-13(a);

(2) commission or conviction of a criminal offense for which punishment is authorized by law to included imprisonment for more than two years, except as provided by G.S. 17C-13(a); or

(3) the second suspension of an officer's certification for any of the causes requiring a five-year period of suspension pursuant to 12 NCAC 09A .0204.

(b) When the Commission suspends or denies the certification of a criminal justice officer, the period of sanction shall be not less than five years; however, the Commission shall reduce or suspend the period of sanction or substitute a period of probation in lieu of suspension of certification, or impose a combination of reduction, suspension, or probation as determined on a case-by-case basis following a consent order or an administrative hearing, where the cause of sanction is:

(1) commission or conviction of a criminal offense other than those listed in Paragraph (a) of this Rule;

(2) refusal to submit to the applicant or lateral transferee drug screen required by these Rules;

(3) production of a positive result on a drug screen reported to the Commission under 12 NCAC 09C .0310, where the positive result cannot be explained to the satisfaction of the agency's Medical Review Officer, who shall be a licensed physician;

(4) material misrepresentation of any information required for certification or accreditation;

(5) obtaining, attempting to obtain, aiding another person to obtain, or aiding another person to attempt to obtain credit, training or certification by any means of false pretense, deception, fraud, misrepresentation or cheating;

(6) failure to make either of the notifications as required by 12 NCAC 09B .0101(13);

(7) removal from office under the provisions of G.S. 128-16 or the provisions of G.S. 14-230;

(8) performing activities or duties for which certification by the Commission is required without having first obtained the appropriate certification; or

(9) commission or conviction of four or more crimes or unlawful acts defined as "Class B misdemeanors" in 12 NCAC 09A .0103(24)(b), regardless of the date of conviction.

(c) When the Commission suspends or denies the certification of a criminal justice officer, the period of sanction shall be for an indefinite period, but continuing so long as the stated deficiency, infraction, or impairment continues to exist, where the cause of sanction is:

(1) failure to meet or satisfy relevant basic training requirements pursuant to 12 NCAC 09B .0205, 0225, .0235, and 0236;

(2) failure to meet or maintain the minimum standards of employment pursuant to 09B .0101, .0111, .0114, .0116, .0117;

(3) discharge from a criminal justice agency for impairment of physical or mental capabilities; or

(4) failure to meet or satisfy the in-service training requirements as prescribed in 12 NCAC 09E.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. February 1, 2006; August 1, 2001; November 1, 1993; July 1, 1990; July 1, 1989; October 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. March 1, 2024; January 1, 2022; July 1, 2020.
12 NCAC 09A .0206 Summary Suspensions {#sec-12-ncac-09a-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0206}

(a) The Commission, by and through the Probable Cause Committee, shall summarily suspend the certification of a criminal justice officer or instructor before the commencement of proceedings for suspension or revocation of the certification if the public health, safety, or welfare requires action pursuant to G.S. 150B-3. The Commission has determined that the following conditions specifically affect the public health, safety, or welfare and therefore it, by and through the Probable Cause Committee, as outlined in 12 NCAC 09A .0201, shall summarily suspend a certification of a criminal justice officer if:

(1) the person has committed or been convicted of a violation of the criminal code that would require a permanent revocation or denial of certification;

(2) the certified officer fails to complete the in-service training requirements as prescribed in 12 NCAC 09E; or

(3) the certified officer has produced a positive result on a urinalysis test, conducted in accordance with 12 NCAC 09C .0310;

(b) For the purpose of considering a summary suspension of certification, the Probable Cause Committee shall meet only upon notice given by mail, telephone, or other means not less than 48 hours in advance of the meeting.

(c) A summary suspension shall be effective on the date specified in the order of summary suspension or upon service of the certified copy of the order at the last known address of the person, whichever is later. The summary suspension shall remain effective during the proceedings for suspension and revocation.

(d) The Director, upon receipt of information showing the existence of a basis for summary suspension provided for in Subparagraph (a)(1), (2), or (3) of this Rule, shall coordinate the meeting described in Paragraph (b) of this Rule. All affected persons shall be notified that the person may submit any pertinent matters to the Probable Cause Committee for its consideration before the Committee acts on the summary suspension issue. No person shall be allowed more than 48 hours to submit information to the Probable Cause Committee.

(e) Upon oral notification by the Director that the certification of an officer or instructor is being summarily suspended by written order, the officer or instructor shall not perform duties requiring certification by the Commission.

(f) The Commission, by and through the Director, upon determining that a Commission-certified Concealed Carry Handgun Instructor has conducted a concealed carry handgun training course as mandated by G.S. 14-415.12(a)(4) that is not in compliance with 12 NCAC 09F .0102 shall do the following until such time as the training course has been brought into compliance or reported to the Probable Cause Committee for action:

(1) summarily suspend the Concealed Carry Handgun Instructor certification, prohibiting him or her from delivering concealed carry handgun training until the Director determines the training program is brought into compliance with 12 NCAC 09F .0102 and 12 NCAC 09F .0105 of this Chapter; and

(2) inform the instructor that he or she may appeal the Director's suspension by requesting, in writing, a formal hearing before the Probable Cause Committee at the next scheduled Commission meeting.

(g) The Commission, by and through the Director, upon determining that a Commission-certified instructor has conducted a Commission-approved training course in a way that was not in accordance with the requirements of this Chapter or has conducted a Commission-approved training course while being in violation of the instructor's minimum standards as outlined in 12 NCAC 09B .0301 shall do the following until such time as the training course or his or her instructor certification has been brought into compliance:

(1) summarily suspend the individual's Instructor's certification, prohibiting him or her from delivering Commission approved training until the noncompliance is remedied; and

(2) the Director shall send a report of all summary suspensions for a formal hearing before the Probable Cause Committee at the next scheduled Commission meeting.

(h) The Commission, by and through the Director, upon determining a Commission-certified instructor has been alleged to have violated a certification rule as outlined in this Chapter shall do the following:

(1) summarily suspend the individual's Instructor's certification, prohibiting him or her from delivering Commission approved training until the matter is resolved; and

(2) the Director shall send a report of all summary suspensions for a formal hearing before the Probable Cause Committee at the next scheduled Commission meeting.

(i) A summary suspension shall be effective on the date specified in the order of summary suspension or upon service of the certified copy of the order at the last known address of the person, whichever is later. The summary suspension shall remain effective during the proceedings for suspension or revocation.

(j) The Commission, by and through the Director, upon determining that a criminal justice officer who was issued a waiver of the requirements of 12 NCAC 09C .0306 has not met those requirements within 60 days of being awarded general certification by the Commission, shall summarily suspend the officer's certification until the officer meets the requirements of 12 NCAC 09C .0306.

History

  • Authority G.S. 17C-6; 17C-10; 150B-3
  • Eff. January 1, 1981
  • Amended Eff. October 1, 2017; February 1, 2016; December 1, 2007; March 1, 2004; July 1, 1990; July 1, 1989; October 1, 1985; August 15, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. March 1, 2024; August 1, 2021.
12 NCAC 09A .0207 Administrative Hearing Procedures {#sec-12-ncac-09a-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0207}

(a) Administrative hearings in contested cases conducted by the Commission or an Administrative Law Judge as authorized in G.S. 150B-40(e) shall be governed by:

(1) procedures set out in Article 3A of G.S. 150B;

(2) the Rules of Civil Procedure as contained in G.S. 1A-1;

(3) the General Rules of Practice for the Superior and District Courts as authorized by G.S. 7A-34 and found in the Rules Volume of the North Carolina General Statutes.

(b) The rules establishing procedures for contested cases adopted by the Office of Administrative Hearings as contained in 26 NCAC 03 are hereby incorporated by reference, including subsequent amendments and editions, for contested cases for which this agency has authority to adopt rules pursuant to G.S. 150B-38(h).

(c) If the case is conducted under G.S. 150B-40(b), the presiding officer shall have the powers and duties of the Chief Administrative Law Judge or the presiding Administrative Law Judge in 26 NCAC 03.

(d) Pursuant to G.S. 17C-11(b), an applicant for certification, or a certified officer shall have 30 days from the date of receipt of a notice of proposed action by the Commission to request a contested case hearing.

History

  • Authority G.S. 17C-6; 17C-11(b); 150B-38(h); 150B-40
  • Eff. August 1, 2019.
12 NCAC 09A .0208 Public Comments at Hearings {#sec-12-ncac-09a-.0208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0208}

For hearings in which public comments are allowed or required, the following rules apply:

(1) The Chair may:

(a) authorize the designation of any agency employee to act as the hearing officer;

(b) set out the type of hearings that the designated employees are authorized to conduct;

(c) reference the rules of procedure for conducting public rulemaking hearings.

(2) The Chair may set time limits on oral presentations.

(a) Unless the Chair specifies otherwise, oral presentations are limited to five minutes per person or requesting entity;

(b) The Chair may require that oral presentations be limited to representative spokespersons for those advocating or opposing agenda items;

(c) In making the above decisions, the Chair should consider:

(i) the length of the agenda and of the meeting;

(ii) the number of rules or agenda items subject to comment;

(iii) the complexity of the issues;

(iv) the public interest in a particular rule, report or agenda item;

(v) the number of people desiring to address the agency;

(vi) the variations in the speakers' arguments and level of agreement within their positions or relationships;

(vii) the nature of the comments in relation to the agency's scope of review; and

(viii) the amount of notice given to the agency, commission, or committee.

(3) The Chair will set the date, time, and place of any public hearing.

(a) If no hearing end time is designated prior to the beginning of the meeting, the Chair may end the hearing once the purpose for that public hearing has been concluded, or

(b) If a hearing end time has been designated for a hearing in which comments will be accepted, the hearing officer will remain in the meeting until such end time is reached.

(4) When a hearing officer is designated, the hearing officer will collect written and oral submission presented during the hearing and submit to the agency, commission or committee as appropriate following the close of the record.

(5) Nothing in this Rule is meant to require the agency, commission, or committee to allow public comment when not required by statute.

(6) For purposes of this Rule, Chair means the person designated as chairperson for the agency, commission or committee, holding the hearing. In the event the Chair is not present at the hearing, the Vice-Chair will preside, and if the Vice-Chair is also not present, then the hearing officer will preside, and either will act, for purposes of this rule and for the hearing, with the authority of the Chair.

History

  • Authority G.S. 17C-6
  • Eff. November 1, 2024.
12 NCAC 09A .0209 Extended Renewals and Reporting Due to Disaster {#sec-12-ncac-09a-.0209 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09A .0209}

History

  • G.S. 17C-6; Authority Session Law 2024-53 and State of North Carolina Executive Order 315 inclusive of amendments, to expire on March 1, 2025
  • Emergency Adoption Eff. November 20, 2024
  • Emergency Adoption Exp. March 1, 2025.

Subchapter B

12 NCAC 09B .0101 Minimum Standards for Law Enforcement Officers {#sec-12-ncac-09b-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0101}

Every law enforcement officer who is employed in or has received a conditional offer of employment for a certified position by an agency in North Carolina shall:

(1) be a citizen of the United States;

(2) be at least 20 years of age;

(3) be a high school graduate, or the equivalent as defined in 12 NCAC 09B .0106;

(4) have been fingerprinted by the employing agency in the manner provided in 12 NCAC 09B .0103;

(5) have had a medical examination as required by 12 NCAC 09B .0104;

(6) have produced a negative result on a drug screen as described in 12 NCAC 09C .0310;

(7) have been administered a psychological screening examination in accordance with G.S. 17C-10(c). The psychological screening shall be valid for a period of one year from the date on which it was administered.

(8) have been interviewed as described in 12 NCAC 09B .0105;

(9) have a background investigation conducted by the employing agency, including a personal interview as required by 12 NCAC 09B .0102;

(10) not have committed or been convicted of a crime or crimes as specified in 12 NCAC 09B .0111;

(11) for personnel who are authorized to carry a firearm in the execution of their duties, satisfactorily complete the employing agency's in-service firearms training program as prescribed in 12 NCAC 09E .0105 and .0106. Such firearms training compliance must have occurred prior to submission of the application for appointment to the Commission and must be completed using the agency approved service handgun(s) and any other weapon(s) that the applicant has been issued or authorized to use by the agency; and

(12) be of good moral character as defined in: : In re Willis, 288 N.C. 1, 215 S.E. 2d 771 appeal dismissed 423 U.S. 976 (1975); State v. Harris, 216 N.C. 746, 6 S.E. 2d 854 (1940); In re Legg, 325 N.C. 658, 386 S.E. 2d 174 (1989); in re Applicants for License, 143 N.C. 1, 55 S.E. 635 (1906); In re Dillingham, 188 N.C. 162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E. 2d 647 (1983); and later court decisions.

(13) Make the following notifications:

(a) within five business days of the qualifying event notify the Standards Division and the appointing agency head in writing of all criminal offenses for which the officer is charged, arrested, pleads no contest, pleads guilty, or of which the officer is found guilty. This shall include traffic offenses identified in the Class B Misdemeanor Manual and offenses of driving under the influence (DUI) or driving while impaired (DWI);

(b) within five business days of service, officers shall notify the Standards Division and the appointing agency head of all Domestic Violence Protective Order (G.S. 50B) and Civil No Contact Orders (G.S. 50C) that are issued by a judicial official against the officer;

(c) within five business days of the date the case was disposed of in court, the agency head, provided he or she has knowledge of the officer's arrests or criminal charges and final dispositions, shall also notify the Standards Division of arrests or criminal charges and final disposition;

(d) within five business days of the issuance of all Domestic Violence Protective Orders (G.S. 50B) and Civil No Contact Orders (G.S. 50C), the agency head, provided he or she has knowledge of the order, shall also notify the Standards Division of these orders.

(e) The required notifications in this Rule shall be in writing and shall specify the nature of the offense or order, the court in which the case was handled, the date of the arrest, criminal charge, or service of the order, and the final disposition. The notification shall include a certified copy of the order or court documentation and final disposition from the Clerk of Court in the county of adjudication. The requirements of this Item shall be applicable at all times during which the officer is employed and certified by the Commission and shall also apply to all applicants for certification. Receipt by the Standards Division of a single notification, from the officer or the agency head, shall be sufficient notice for compliance with this Item.

(14) The requirements of this Rule shall apply to all applicants for certification and shall also apply at all times during which the law enforcement officer is certified by the Commission.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. April 1, 2018; October 1, 2017; September 1, 2001; April 1, 1999; January 1, 1995; November 1, 1993; July 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2020
  • Temporary Amendment Eff. February 15, 2022
  • Amended Eff. October 1, 2022; August 23, 2022.
12 NCAC 09B .0102 Background Investigation {#sec-12-ncac-09b-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0102}

(a) Prior to employment, an agency shall complete a background investigation on all applicants for certification. The investigation shall examine the applicant's character traits and habits relevant to performance as a law enforcement officer and shall determine whether the applicant is of good moral character. This examination includes completion of Commission forms Personal History Statement Form (F-3) and Mandated Background Investigation Form (F-8), ensuring the proper certification and criminal history record check required by each.

(b) Prior to the investigation, the applicant shall complete the Commission's Personal History Statement Form (F-3) to provide a basis for the investigation. The agency shall certify that the results of the background investigation are consistent with the information provided by the applicant on the Personal History Statement Form (F-3) and give the applicant the opportunity to update the Personal History Statement Form (F-3) prior to submission to the Division.

(c) The agency shall utilize an investigator with prior experience or training in conducting background investigations. The investigator shall document the results of the investigation on the Mandated Background Investigation Form (F-8) and shall include in the report of investigation:

(1) biographical data;

(2) family data;

(3) scholastic data;

(4) employment data;

(5) criminal history data;

(6) interviews with the applicant's references; and

(7) a summary of the investigator's findings and conclusions regarding the applicant's moral character known to the agency or listed on the applicant's Personal History Statement (F-3). This documentation shall be included with all other documentation required in 12 NCAC 09C .0307.

(d) The employing agency shall include a signed and notarized Release Authorization Form that authorizes the Division staff to obtain documents and records pertaining to the applicant for certification that may be required in order to determine whether certification may be granted.

(e) The employing agency shall provide to the Division staff the results of a completed and processed form AOC-CR-280, Law Enforcement Application for Verification of Expunction under G.S. 15A-145.4, 15A-145.5, 15A-145.6, 15A-145.8A or 15A-146, for each applicant presented for certification. The AOC-CR-280 form is available on the Commission's website at no cost https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2002; August 1, 1998; July 1, 1989
  • Temporary Amendment Eff. April 15, 2003
  • Amended Eff. April 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2022.
12 NCAC 09B .0103 Fingerprint Criminal History Record Check {#sec-12-ncac-09b-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0103}

(a) Each applicant for certification shall submit electronic fingerprints in the Statewide Automated Fingerprint Identification System (SAFIS).

(b) The employing agency shall forward the applicant's fingerprints to the North Carolina State Bureau of Investigation for a criminal history record check utilizing fingerprints against State and federal files.

(c) The employing agency will receive a report of the results of the criminal history record check utilizing fingerprints against State and federal files. The employing agency shall retain the results of the criminal history record check utilizing fingerprints in compliance with the North Carolina Department of Natural and Cultural Resources Retention and Disposition Schedule established pursuant to G.S. 121-4 and G.S. 132-8.1. The employing agency shall include the results of the fingerprint criminal history record check with the applications submitted to the Commission.

(d) Each applicant for certification and certified criminal justice officers shall also submit electronic fingerprints, other identifying information required by the State and National Repositories of Criminal Histories, and any other information required by the State Bureau of Investigation for their enrollment in the Federal Bureau of Investigation's Next Generation Identification (NGI) System and Criminal Justice Record of Arrest and Prosecution Background (RapBack) Service.

(e) Pursuant to 12 NCAC 09C .0303(a), an applicant for certification as a law enforcement officer may not perform any action requiring certification by the Commission prior to the date on which the employing agency receives the report of the results of the criminal history record check utilizing fingerprints.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. March 1, 2024; October 1, 2022.
12 NCAC 09B .0104 Medical Examination {#sec-12-ncac-09b-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0104}

(a) Each applicant for certification or enrollment in a Commission-approved basic law enforcement training course pursuant to 12 NCAC 09B .0205, shall complete, sign, and date the Commission's Medical History Statement Form (F-1), pursuant to 12 NCAC 09I .0105, and shall be examined by either a physician, physician assistant, or nurse practitioner who holds a current license in the United States to practice medicine, as issued by a state medical board, to help determine his or her fitness to carry out the physical requirements of the position of law enforcement officer.

(b) Prior to being examined, the applicant shall provide the examining physician, physician's assistant, or nurse practitioner with:

(1) the Medical History Statement Form (F-1), which must be completed by the applicant and signed by the examiner; and

(2) the Medical Examination Report Form (F-2), the Tuberculosis Questionnaire Form (F-2A), and the Medical Examination Report Addendum Form (F-2B), pursuant to 12 NCAC 09I .0105.

(c) The examining physician, physician's assistant, or nurse practitioner, shall record the results of the examination on the Medical Examination Report Form (F-2) and shall sign and date the form.

(d) The Medical Examination Report Form (F-2), the Tuberculosis Questionnaire Form (F-2A), and the Medical History Statement Form (F-1) shall be valid for one year after the date the examination was conducted and shall be completed prior to:

(1) the applicant beginning the Commission-approved basic law enforcement training course; and

(2) the employing agency submission of application for certification to the Commission.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. April 1, 2018; October 1, 2017; November 1, 1993; February 1, 1991; March 1, 1990; April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026; November 1, 2024; October 1, 2022.
12 NCAC 09B .0105 employment INTERVIEW {#sec-12-ncac-09b-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0105}

(a) Prior to employment, the employing agency shall conduct an interview of the applicant to evaluate the applicant's knowledge, skills, and abilities for success as a law enforcement officer.

(b) The Agency head may conduct the interview personally or delegate the responsibility to a qualified staff member or panel, who is competent, whether by education, training, or experience, to conduct the employment interview. The respective agency head identifies those individuals he or she deems qualified.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2022.
12 NCAC 09B .0106 Documentation of Educational Requirements {#sec-12-ncac-09b-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0106}

(a) Each applicant for certification as a law enforcement officer shall furnish documentary evidence of high school, college, or university graduation to the employing agency. Documentary evidence of high school graduation consists of diplomas or transcripts from public schools or private schools which meet standards adopted by either the North Carolina Department of Public Instruction, the Division of Non-Public Instruction, or a comparable out of state agency; or such documentation as described in Paragraphs (b), (c), (d), and (e) of this Rule. Documentary evidence of college or university graduation consists of diplomas or transcripts from colleges or universities accredited as such by the Department of Education of the state in which the institution is located, an accredited body recognized by either the U.S. Department of Education or Council for Higher Education Accreditation, or the state university of the state in which the institution is located.

(b) High school diplomas earned through home school programs must be accompanied by a true and accurate or certified transcript and must meet the requirements of Part 3 of Article 39 of Chapter 115C of the North Carolina General Statutes, or a comparable out-of-state statute.

(c) Diplomas earned from high schools or equivalent institutions outside of the United States must be translated into English and be accompanied by an authentic transcript. The Division's staff shall evaluate the transcripts to ensure they are scholastically comparable to United States curriculum requirements.

(d) The Division's staff shall evaluate high school diplomas earned through on-line or correspondence courses on a case by case basis. Such diplomas must meet state and local requirements for the jurisdiction from which the diploma was issued.

(e) Documentary evidence of having earned a High School Equivalency (HSE) diploma shall be satisfied by a certified copy of a high school equivalency credential or an adult high school diploma, both of which must be recognized by the U.S. Department of Education, the state Department of Education, or educational agency that is authorized in the state to issue High School Equivalency (HSE) diplomas.

(f) Documentary evidence of the attainment of satisfactory scores on any military high school equivalency examination is acceptable as evidence of high school graduation if verified by a true copy of the veteran's DD214, Certificate of Release from Active Duty.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. April 1, 2018; February 1, 2016; November 1, 2015; June 1, 2012; August 1, 2000
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2022.
12 NCAC 09B .0107 Minimum Standards for Correctional Officers {#sec-12-ncac-09b-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0107}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2000; December 1, 1987
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0108 Minimum Standards for State Youth Services Officers {#sec-12-ncac-09b-.0108 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0108}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2001; December 1, 1987; October 1, 1985; July 1, 1983; January 1, 1983
  • Temporary Repeal Eff. April 15, 2003
  • Repealed Eff. April 1, 2004.
12 NCAC 09B .0109 Minimum Standards for Probation/Parole Officers {#sec-12-ncac-09b-.0109 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0109}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2000; December 1, 1987
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0110 Minimum Standards for Probation/Parole Intake Officers {#sec-12-ncac-09b-.0110 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0110}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2000; December 1, 1987
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0111 Criminal history record {#sec-12-ncac-09b-.0111 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0111}

(a) Consistent with and subject to the requirements of 12 NCAC 09A .0204, every law enforcement officer employed or certified in North Carolina shall not have committed or been convicted by a local, state, federal, or military court of:

(1) a felony;

(2) a crime for which the punishment could have been imprisonment for more than two years;

(3) a crime or unlawful act defined as a "Class B misdemeanor" within the five year period prior to the date of certification ;

(4) a crime or unlawful act defined as a "Class B Misdemeanor" occurring after the date of certification;

(5) four or more crimes or unlawful acts defined as "Class B misdemeanors" regardless of the date of conviction;

(6) four or more crimes or unlawful acts defined as "Class A misdemeanors" except the applicant may be employed if the last conviction occurred more than two years prior to the date of certification or

(7) a combination of four or more Class A Misdemeanor or Class B Misdemeanor regardless of the date;

(8) for personnel who are authorized to carry a firearm in the execution of their duties, an offense that, pursuant to 18 USC 922(g)(8), would prohibit the possession of a firearm or ammunition.

(b) 12 NCAC 09A .0103(5) defines "Commission of an offense" as a finding by the North Carolina Criminal Justice Education and Training Standards Commission or equivalent regulating body from another state that a person performed the acts necessary to satisfy the elements of a specified criminal offense.

(c) The requirements of this Rule shall be applicable at all times during which the officer is certified by the Commission and shall also apply to all applications for certification.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. November 1, 2015; April 1, 2009; August 1, 1998; December 1, 1987; October 1, 1985; January 1, 1985; January 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2022.
12 NCAC 09B .0112 Minimum Standards for Parole Case Analysts {#sec-12-ncac-09b-.0112 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0112}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. April 1, 1983
  • Amended Eff. August 1, 2000; December 1, 1987
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0113 Minimum Standards Probation/Parole Officers-Surveillance {#sec-12-ncac-09b-.0113 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0113}

History

  • Status: repealed
  • Filed as a Temporary Rule Eff. December 14, 1983 for a period of 120 days to expire on April 12, 1984
  • Authority G.S. 17C-6
  • Eff. April 1, 1984
  • Amended Eff. August 1, 2000; August 1, 1995; December 1, 1987
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0114 Minimum Standards for Local Confinement Personnel {#sec-12-ncac-09b-.0114 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0114}

(a) Every officer, supervisor, or administrator employed by a local confinement facility in North Carolina shall:

(1) be a citizen of the United States;

(2) be at least 20 years of age;

(3) be a high school graduate, or the equivalent as defined in 12 NCAC 09B .0106;

(4) have been fingerprinted by the employing agency in the manner provided in 12 NCAC 09B .0103;

(5) have had a medical examination as required by 12 NCAC 09B .0104;

(6) have produced a negative result on a drug screen as described in 12 NCAC 09C .0310;

(7) have been administered a psychological screening examination in accordance with G.S. 17C-10(c). The psychological screening examination shall be valid for a period of one year from the date on which it was administered.

(8) have been interviewed as described in 12 NCAC 09B .0105;

(9) have a background investigation conducted by the employing agency, including a personal interview as required by 12 NCAC .09B .0102;

(10) not have committed or been convicted of a crime or crimes as specified in 12 NCAC 09B .0111;

(11) be of good moral character as defined in : In re Willis 288 N.C. 1, 215 S.E. 2d 771 appeal dismissed 423 U.S. 976 (1975); State v. Harris, 216 N.C. 746, 6 S.E. 2d 854 (1940); In re Legg, 325 N.C. 658, 386 S.E. 2d 174(1989); in re Applicants for License, 143 N.C. 1, 55 S.E. 635 (1906); In re Dillingham, 188 N.C. 162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E. 2d 647 (1983); and later court decisions.

(12) Make the following notifications:

(A) within five days of the qualifying event, notify the Standards Division and the appointing agency head in writing of all criminal offenses for which the officer is charged or arrested. This shall include traffic offenses identified in the Class B Misdemeanor Manual and offenses of driving under the influence (DUI) or driving while impaired (DWI);

(B) within five days of the qualifying event, notify the Standards Division and the appointing agency head in writing of all criminal offenses for which the officer pleads no contest, pleads guilty or of which the officer is found guilty. This shall include traffic offenses identified in the Class B Misdemeanor Manual and offenses of driving under the influence (DUI) or driving while impaired (DWI);

(C) within five days of service, officers shall notify the Standards Division of all Domestic Violence Protective Order (G.S. 50B) and Civil No Contact Orders (G.S. 50C) that are issued by a judicial official against the officer;

(D) within five days of the date the case was disposed of in court, the agency head, provided he or she has knowledge of the officer's arrests or criminal charges and final dispositions, shall also notify the Standards Division of arrests or criminal charges and final disposition; and

(E) within five days of the issuance of all Domestic Violence Protective Orders (G.S. 50B) and Civil No Contact Orders (G.S. 50C), the agency head, provided he or she has knowledge of the order, shall also notify the Standards Division of these orders.

(13) The required notifications in this Rule shall be in writing and shall specify the nature of the offense or order, the court in which the case was handled, the date of the arrest, criminal charge, or service of the order, and the final disposition. The notification shall include a certified copy of the order or court documentation and final disposition from the Clerk of Court in the county of adjudication. The requirements of this Item shall be applicable at all times during which the officer is employed and certified by the Commission and shall also apply to all applicants for certification. Receipt by the Standards Division of a single notification, from the officer or the agency head, shall be sufficient notice for compliance with this Item.

(b) The word "officer" as identified in Paragraph (a) of this Rule, means those officers identified in G.S. 17C-2(3).

(c) The requirements of this Rule shall apply to all applicants for certification and shall also apply at all times during which the law enforcement officer is certified by the Commission.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. June 1, 1986
  • Amended Eff. November 1, 2015; December 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest eff. May 25, 2019
  • Amended Eff. October 1, 2022.
12 NCAC 09B .0115 Minimum Standards Probation/Parole Intensive Officer {#sec-12-ncac-09b-.0115 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0115}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. February 1, 1987
  • Amended Eff. August 1, 2000
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0116 MINIMUM STANDARDS FOR Juvenile Court Counselors and Chief COURT COUNSELORS {#sec-12-ncac-09b-.0116 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0116}

(a) Every Juvenile Court Counselor and Chief Court Counselor employed by the North Carolina Department of Juvenile Justice and Delinquency Prevention shall:

(1) be a citizen of the United States;

(2) be at least 20 years of age;

(3) have attained a bachelor's degree as described in 12 NCAC 09B .0106(b);

(4) have been fingerprinted by the employing agency in the manner provided in 12 NCAC 09B .0103;

(5) have had a medical examination as required by 12 NCAC 09B .0104;

(6) have produced a negative results on a drug screen as described in 12 NCAC 09C .0310;

(7) have been administered a psychological screening examination in accordance with G.S. 17C-10(c). The psychological screening examination shall be valid for a period of one year from the date on which it was administered;

(8) have been interviewed as described in 12 NCAC 09B .0105;

(9) use the method of documenting the results of the background investigation it deems most appropriate to its needs in accordance with the Commission form. However, the Commission's Mandated Background Investigation Form (F-8) must be used as a guide of minimum information to be collected and recorded by the investigator for all other law enforcement officer applicants that are regulated by the Commission;

(10) not have committed or been convicted of a crime or crimes as specified in 12 NCAC 09B .0111;

(11) be of good moral character as defined in: In re Willis 288 N.C. 1, 215 S.E. 2d 771 appeal dismissed 423 U.S. 976 (1975); State v. Harris, 216 N.C. 746, 6 S.E. 2d 854 (1940); In re Legg, 325 N.C. 658, 386 S.E. 2d 174(1989); in re Applicants for License, 143 N.C. 1, 55 S.E. 635 (1906); In re Dillingham, 188 N.C. 162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E. 2d 647 (1983); and later court decisions.

(12) Make the following notifications:

(A) within five days of the qualifying event, notify the Standards Division and the appointing agency head in writing of all criminal offenses for which the officer is charged or arrested. This shall include traffic offenses identified in the Class B Misdemeanor Manual and offenses of driving under the influence (DUI) or driving while impaired (DWI);

(B) within five days of the qualifying event, notify the Standards Division and the appointing agency head in writing of all criminal offenses for which the officer pleads no contest, pleads guilty or of which the officer is found guilty. This shall include traffic offenses identified in the Class B Misdemeanor Manual and offenses of driving under the influence (DUI) or driving while impaired (DWI);

(C) within five days of service, officers shall notify the Standards Division of all Domestic Violence Protective Order (G.S. 50B) and Civil No Contact Orders (G.S. 50C) that are issued by a judicial official against the officer;

(D) within five days of the date the case was disposed of in court, the agency head, provided he or she has knowledge of the officer's arrests or criminal charges and final dispositions, shall also notify the Standards Division of arrests or criminal charges and final disposition; and

(E) within five days of the issuance of all Domestic Violence Protective Orders (G.S. 50B) and Civil No Contact Orders (G.S. 50C), the agency head, provided he or she has knowledge of the order, shall also notify the Standards Division of these orders.

(13) The required notifications in this Rule shall be in writing and shall specify the nature of the offense or order, the court in which the case was handled, the date of the arrest, criminal charge, or service of the order, and the final disposition. The notification shall include a certified copy of the order or court documentation and final disposition from the Clerk of Court in the county of adjudication. The requirements of this Item shall be applicable at all times during which the officer is employed and certified by the Commission and shall also apply to all applicants for certification. Receipt by the Standards Division of a single notification, from the officer or the agency head, shall be sufficient notice for compliance with this Item.

(b) The requirements of this Rule shall apply to all applicants for certification and shall also apply at all times during which the law enforcement officer is certified by the Commission.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. April 15, 2003
  • Eff. April 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2022.
12 NCAC 09B .0117 MINIMUM STANDARDS FOR juvenile justice OFFICERS {#sec-12-ncac-09b-.0117 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0117}

(a) Every Juvenile Justice Officer employed by the North Carolina Department of Juvenile Justice and Delinquency Prevention shall:

(1) be a citizen of the United States;

(2) be at least 20 years of age;

(3) be a high school graduate or the equivalent as defined in 12 NCAC 09B .0106;

(4) have been fingerprinted by the employing agency in the manner provided in 12 NCAC 09B .0103;

(5) have had a medical examination as required by 12 NCAC 09B .0104;

(6) have produced a negative results on a drug screen as described in 12 NCAC 09C .0310;

(7) have been administered a psychological screening examination in accordance with G.S. 17C-10(c). The psychological screening examination shall be valid for a period of one year from the date on which it was administered.

(8) have been interviewed as described in 12 NCAC 09B .0105;

(9) have a documented background investigation conducted by the agency using the method the agency deems most appropriate to its needs in accordance with the Commission form. However, the Commission's Mandated Background Investigation Form (F-8) must be used as a guide of minimum information to be collected and recorded by the investigator for all other law enforcement officer applicants that are regulated by the Commission;

(10) not have committed or been convicted of a crime or crimes as specified in 12 NCAC 09B .0111;

(11) be of good moral character as defined in : In re Willis 288 N.C. 1, 215 S.E. 2d 771 appeal dismissed 423 U.S. 976 (1975); State v. Harris, 216 N.C. 746, 6 S.E. 2d 854 (1940); In re Legg, 325 N.C. 658, 386 S.E. 2d 174(1989); in re Applicants for License, 143 N.C. 1, 55 S.E. 635 (1906); In re Dillingham, 188 N.C. 162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E. 2d 647 (1983); and later court decisions,

(12) Make the following notifications:

(A) within five days of the qualifying event, notify the Standards Division and the appointing agency head in writing of all criminal offenses for which the officer is charged or arrested. This shall include traffic offenses identified in the Class B Misdemeanor Manual and offenses of driving under the influence (DUI) or driving while impaired (DWI);

(B) within five days of the qualifying event, notify the Standards Division and the appointing agency head in writing of all criminal offenses for which the officer pleads no contest, pleads guilty or of which the officer is found guilty. This shall include traffic offenses identified in the Class B Misdemeanor Manual and offenses of driving under the influence (DUI) or driving while impaired (DWI);

(C) within five days of service, officers shall notify the Standards Division of all Domestic Violence Protective Order (G.S. 50B) and Civil No Contact Orders (G.S. 50C) that are issued by a judicial official against the officer;

(D) within five days of the date the case was disposed of in court, the agency head, provided he or she has knowledge of the officer's arrests or criminal charges and final dispositions, shall also notify the Standards Division of arrests or criminal charges and final disposition;

(E) within five days of the issuance of all Domestic Violence Protective Orders (G.S. 50B) and Civil No Contact Orders (G.S. 50C), the agency head, provided he or she has knowledge of the order, shall also notify the Standards Division of these orders.

(13) The required notifications in this Rule shall be in writing and shall specify the nature of the offense or order, the court in which the case was handled, the date of the arrest, criminal charge, or service of the order, and the final disposition. The notification shall include a certified copy of the order or court documentation and final disposition from the Clerk of Court in the county of adjudication. The requirements of this Item shall be applicable at all times during which the officer is employed and certified by the Commission and shall also apply to all applicants for certification. Receipt by the Standards Division of a single notification, from the officer or the agency head, shall be sufficient notice for compliance with this Subparagraph.

(b) The requirements of this Rule shall apply to all applicants for certification and shall also apply at all times during which the law enforcement officer is certified by the Commission.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Temporary Adoption Eff. April 15, 2003
  • Eff. April 1, 2004
  • Amended Eff. November 1, 2015
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2022.
12 NCAC 09B .0201 Administration of Criminal Justice Schools {#sec-12-ncac-09b-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0201}

(a) An institution or agency shall secure school accreditation pursuant to 12 NCAC 09C .0401 prior to offering any criminal justice training course.

(b) Each institution or agency accredited by the Commission to administer Commission-accredited criminal justice training programs shall designate one compensated staff member for each commission-accredited program for which the institution or agency has been granted accreditation. Such staff member shall be certified by the Commission under Section .0500 of this Subchapter to be the criminal justice School Director. The School Director shall have administrative responsibility for planning, scheduling, presenting, coordinating, reporting, and managing each sponsored accredited criminal justice training course. If the Commission-accredited institution or agency assigns additional responsibilities to the certified School Director during the planning, development, and implementation of an accredited basic recruit training course, a qualified assistant must be designated to assist the School Director in the administration of the course. This person must be selected by the School Director and must attend a course orientation conducted by Standards Division staff and attend the annual School Directors' Conference.

(c) The Commission-accredited institution or agency shall permanently maintain records of all criminal justice training courses sponsored or delivered by the school, reflecting:

(1) course title;

(2) delivery hours of course;

(3) course delivery dates;

(4) names and addresses of instructors utilized within designated subject-matter areas;

(5) a roster of enrolled trainees, showing class attendance and designating whether each trainee's course participation was successful or unsuccessful;

(6) copies of all rules, regulations and guidelines developed by the School Director;

(7) documentation of any changes in the initial course outline, including substitution of instructors; and

(8) documentation of make-up work achieved by each individual trainee, including test scores and methods.

(d) The Commission-accredited institution or agency offering any criminal justice training program or course of instruction shall meet or exceed the following specifications:

(1) acquire and allocate financial resources to provide commission certified instructors and to meet other program expenses; and

(2) provide one designated clerical support person to assist the School Director in maintaining required records, complete reports, and provide other clerical needs as required by the School Director.

(e) In the event an accredited institution or agency does not own the classrooms, physical training rooms, firing range, or driving track required for training delivery, written agreements between entities involved shall be in place in order to ensure access to and use of such facilities. A copy of such agreement must be on file for review by staff to the Commission.

(f) The North Carolina Justice Academy is accredited by the Commission to administer the following Specialized Instructor programs:

(1) Specialized Instructor – Compliance and Control Tactics;

(2) Specialized Instructor - Law Enforcement Firearms;

(3) Specialized Instructor – Law Enforcement Driver Training;

(4) Specialized Instructor – Physical Fitness; and

(5) Specialized Instructor – Explosive and Hazardous Emergencies.

(g) The North Carolina State Highway Patrol is accredited by the Commission to administer the Specialized Instructor – Law Enforcement Driving Program.

(h) The North Carolina Department of Adult Correction (DAC) Office of Staff Development and Training is accredited by the Commission to administer the DAC-Firearms Instructor and DAC-Controls, Restraints, and Defensive Techniques programs.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. November 1, 1981
  • Readopted Eff. July 1, 1982
  • Amended Eff. August 1, 2004; August 1, 2000; January 1, 1996; March 1, 1992; January 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. November 1, 2024.
12 NCAC 09B .0202 Responsibilities of the School Director {#sec-12-ncac-09b-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0202}

(a) In planning, developing, coordinating, and delivering each Commission-certified criminal justice training course, the School Director shall:

(1) Formalize and schedule the course curriculum in accordance with the curriculum standards established in this Subchapter;

(2) Select and schedule instructors who are certified by the Commission, pursuant to 12 NCAC 09B .0301;

(3) Ensure each instructor utilizes Commission approved lesson plans and instructional materials, as specified in Rules .0205, .0209, .0210, .0211, .0212 , .0213, .0214, .0226, .0227, .0232, .0233, .0235, .0236, .0237, .0238, .0241, .0313, .0314, or .0410 of this Subchapter;

(4) Arrange for the availability of audiovisual aids and materials, publications, facilities, and equipment for training in all topic areas;

(5) Develop, reproduce, and distribute any requirements determined by the school to be necessary or appropriate for:

(A) effective course delivery;

(B) establishing responsibilities and obligations of agencies or departments employing or sponsoring course trainees; and

(C) regulating trainee participation and demeanor, ensuring trainee attendance, and maintaining performance records;

(6) Administer the course delivery in accordance with Commission approved lesson plans, pursuant to Subparagraph (a)(3) of this Rule;

(7) Maintain direct supervision, direction, and control over the performance of all persons to whom any portion of the planning, development, presentation, or administration of a course has been delegated.

(b) In addition to Paragraph (a) of this Rule, in planning, developing, coordinating, and delivering each Commission-accredited Basic Law Enforcement Training Course, the School Director shall:

(1) Schedule course presentation to include 12 hours of instruction each week during consecutive calendar weeks, except that there may be as many as six one-week breaks until course requirements are completed. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(A) Whether instruction has begun in the course or whether course initiation may be postponed;

(B) The risk of harm to students that may be caused by continuation of the course;

(C) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(D) The specific need for the waiver; and

(E) The degree of benefit to the public in allowing a break in instruction. Notice of waivers granted pursuant to the Section shall be posted on the CJETS website https://ncdoj.gov/law-enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began during the effective period of the State of Emergency;

(2) Schedule only specialized instructors certified by the Commission to teach those high-liability areas as specified in Rule .0304(a) of this Subchapter as either the lead instructor or as assistant instructors or role players;

(3) With the exception of the First Responder, Officer Health and Wellness, Explosives and Hazardous Materials Emergencies, and topical areas outlined in Rule .0304(a) of this Subchapter, schedule one specialized instructor certified by the Commission for every six trainees while engaged in a practical performance exercise;

(4) Schedule one specialized instructor certified by the Commission for every eight trainees while engaged in a practical performance exercise in the topical areas Subject Control Arrest Techniques or Compliance and Control Tactics;

(5) Schedule no single individual to instruct more than 35 percent of the total hours of the 640-hour curriculum or 25 percent of the total hours of the 868-hour curriculum during any one delivery of the Basic Law Enforcement Training Course presentation;

(6) Not less than 30 days before commencing delivery of the Basic Law Enforcement Training Course, submit to the Commission a Pre-Delivery Report of Training Course Presentation pursuant to 12 NCAC 09C .0211;

(7) Submit a copy of any rules and requirements for the school. A copy of those rules shall also be given to each trainee and to the executive officer of each trainee's employing or sponsoring agency or department at the time the trainee enrolls in the course;

(8) Monitor, or designate an instructor certified by the Commission to monitor, a presentation of each instructor once during each three year certification period in each topic taught by the instructor and prepare a written evaluation on the instructor's performance and suitability for subsequent instructional assignments. The observations shall be of sufficient duration to ensure that the delivery is objective-based, documented by, and consistent with a Commission-approved lesson plan, pursuant to Subparagraph (a)(3) of this Rule. For each topic area, the School Director's evaluation shall be based upon the course delivery observations, the instructor's use of the approved lesson plan, and the results of the student evaluations of the instructor. For probationary instructors, the evaluations conducted by another instructor shall be prepared on the Criminal Justice Instructor Evaluation (Form F-16) and forwarded to the Commission. Based on this evaluation, the School Director shall recommend approval or denial of requests for General Instructor Certification. For all other instructors, these evaluations shall be prepared on the Criminal Justice Instructor Evaluation (Form F-16), be kept on file by the school for a period of three years, and shall be made available for inspection by a representative of the Commission upon request. In the event the evaluation of an instructor indicates that his or her performance was less than acceptable, the School Director shall forward a copy of the evaluation to the Commission. Any instructor who is evaluating the instructional presentation of another instructor shall hold certification in the same instructional topic area as that for which the instructor is being evaluated. The Criminal Justice Evaluation (Form F-16) shall contain the following information:

(A) Instructor's name, date of birth, and Acadis ID number;

(B) Evaluator's name, and Acadis ID number;

(C) Block of Instruction, date, location, and total hours of instruction;

(D) Scores for Instructional Ability and Strategies; and

(E) Presentation Evaluation Criteria.

(9) Administer or designate a Qualified Assistant to administer course specific tests during course delivery:

(A) to determine and record the level of trainee comprehension and retention of instructional subject matter;

(B) to provide a basis for a final determination or recommendation regarding the minimum degree of knowledge and skill of each trainee to function as an inexperienced law enforcement officer; and

(C) to determine subject or topic areas of deficiency for the application of Rule .0405(a)(3) of this Subchapter; and

(10) Not more than 10 days after the conclusion of a school's offering of Basic Law Enforcement Training, ensure all student test scores and class documents have been uploaded to the Acadis platform, and submit to the Commission a Post-Delivery Report of Training Course Presentation (Form F-10B).

(c) In addition to Paragraph (a) of this Rule, in planning, developing, coordinating, and delivering each Commission-certified "Criminal Justice Instructor Training Course," the School Director shall:

(1) Schedule course presentation pursuant to Rule .0209 of this Subchapter;

(2) Schedule evaluators as follows:

(A) each evaluator, as well as the instructors, shall have completed a Commission-certified instructor training course or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise; and

(B) each instructor and evaluator shall have completed an instructor training orientation program presented by the North Carolina Justice Academy for purposes of familiarization and supplementation relevant to delivery of the instructor training course and trainee evaluation. The completion of an instructor training orientation program shall be documented in the Acadis platform.

(3) Not fewer than 30 days before commencing delivery of the course, submit to the Commission a Pre-Delivery Report of Training Course Presentation, Form F-10A, with the following attachments:

(A) a course schedule showing the arrangement of topical presentations and proposed instructional assignments;

(B) the names and Acadis identification numbers of all instructors and evaluators; and

(C) a copy of any rules and requirements for the school; and

(4) Not more than 10 days after course completion, submit to the Commission a Post-Delivery Report of Training Course Presentation Form F-10B, containing the following:

(A) class enrollment roster;

(B) a course schedule with the designation of instructors and evaluators utilized in delivery;

(C) scores recorded for each trainee on the 70 minute skill presentation; and

(D) designation of trainees who completed the course in its entirety.

(d) In addition to Paragraph (a) of this Rule, in planning, developing, coordinating, and delivering each Commission-certified RADAR, RADAR and Time-Distance, Time-Distance, or LIDAR speed measurement operator training course or re-certification course, the School Director shall:

(1) select and schedule speed measurement instrument instructors who are certified by the Commission as instructors for the specific speed measurement instruments in which the trainees are to receive instruction;

(2) not fewer than 30 days before the scheduled starting date, submit to the Director of the Standards Division a Pre-Delivery Report of Training Course Presentation, Form F-10A, that shall contain a period of course delivery including the proposed starting date, course location, requested date and location for the administration of the State exam, and the number of trainees to be trained on each type of approved speed measurement instrument; and

(3) upon completing delivery of the Commission-certified course, and not more than 10 days after the conclusion of a school's offering of a certified RADAR, RADAR and Time-Distance, Time-Distance, or LIDAR speed measurement operator training course or re-certification course, the School Director shall notify the Commission regarding the progress and achievements of each trainee by submitting a Post-Delivery Report of Training Course Presentation, Form F-10B. This report shall include the original motor-skill examination form(s) completed and signed by the certified instructor responsible for administering the motor-skill examination to the respective trainee.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. November 1, 1981
  • Readopted w/change Eff. July 1, 1982
  • Amended Eff. January 1, 2015; June 1, 2013; April 1, 2009; November 1, 2007; January 1, 2006; May 1, 2004; August 1, 2000; January 1, 1996; November 1, 1993; December 1, 1987; January 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January, 1, 2025; April 1, 2022; July 1, 2021; January 1, 2021; July 1, 2020.
12 NCAC 09B .0203 Admission of Trainees {#sec-12-ncac-09b-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0203}

(a) The Commission-accredited school shall not admit any individual as a trainee in a presentation of the Commission-accredited Basic Law Enforcement Training Course (BLET) who is not a citizen of the United States.

(b) The Commission-accredited school shall not admit any individual younger than 20 years of age as a trainee in any basic criminal justice training course. Individuals under 20 years of age may be granted authorization for early enrollment as trainees in a presentation of BLET with prior written approval from the Director of the Division. The Director shall approve early enrollment if the individual will be 20 years of age, and is otherwise qualified, prior to the date of the State Comprehensive Examination for the BLET.

(c) The Commission-accredited school shall give priority admission in certified criminal justice training courses to individuals holding full-time employment with criminal justice agencies.

(d) The Commission-accredited school shall not admit any individual as a trainee in a presentation of the Commission-accredited Criminal Justice Instructor Training Course who does not meet the education and experience requirements for instructor certification under Rule .0302 of this Subchapter.

(e) The Commission-accredited school shall not admit an individual, including limited enrollment trainees, pursuant to Rule .0405 of the Subchapter, as a trainee in a presentation of BLET unless the individual, within one year prior to admission to the BLET, scores at or above mastery level on the NROC EdreadyTM Skills Inventory for English or places into course DRE 098 or above at a North Carolina Community College as a result of taking the Reading and English component of the North Carolina Diagnostic Assessment and Placement test as approved by the State Board of Community Colleges on October 17, 2014, (http://www.nccommunitycolleges.edu/state-board-community-colleges/meetings/october-17-2014), or has taken the reading component of a nationally standardized test and has scored at or above the tenth grade level or the equivalent. For the purposes of this Rule:

(1) Limited enrollment trainees do not include enrollees who hold or have held within 12 months prior to the date of enrollment, general certification pursuant to 12 NCAC 09C .0304.

(2) A "nationally standardized test" means a test that:

(A) reports scores as national percentiles, stanines, or grade equivalents; and

(B) compares student test results to a national norm.

(f) The Commission-accredited school shall not admit any individual as a trainee in a presentation of BLET unless the individual has provided to the School Director a medical examination report, completed by a physician, a physician's assistant, or a nurse practitioner, who holds a current license in the United States to practice medicine, as issued by a state medical board, to determine the individual's fitness to perform the essential job functions of a criminal justice officer. The Director of the Division shall grant an exception to this requirement for a period of time not to exceed the commencement of the physical fitness topical area when failure to receive the medical examination report is not due to neglect on the part of the trainee.

(g) The Commission-accredited school shall not admit any individual as a trainee in a presentation of BLET unless the individual is a high school, college, or university graduate or has received a high school equivalency credential recognized by the issuing state

High school diplomas conferred through correspondence enrollment from any entity that imposes a fee and requires little or no academic instruction or coursework for issuance of the diploma shall not be recognized for purposes of satisfying the educational requirements.

(h) The Commission-accredited school shall not admit any individual trainee in a presentation of BLET unless the individual has provided the School Director one of the following types of record checks:

(1) a written notification, known as a "Criminal Record Conviction History for B.L.E.T. Enrollment," Form F-25, located at https://www.ncdoj.gov/About-DOJ/Law-Enforcement-Training-and-Standards/Criminal-Justice-Education-and-Training-Standards/Forms-and-Publications.aspx, from a department head stating that a criminal record check for local and state records has been conducted and no criminal convictions as listed in Paragraph (m) of this Rule were found that prohibit the individual trainee's enrollment in a presentation of BLET. The hiring agency or the individual trainee shall also provide certified court documentation for each criminal conviction;

(2) a certified criminal record check for local and state records, and certified court documentation for each criminal conviction. For the purpose of this Rule "Certified court documentation" and "record check" mean a document with either a raised seal or other visible verification that the document is authentic as a copy of the court's official record as authorized by law;

(3) if the individual trainee has only resided in North Carolina since obtaining the age of majority, provide a fingerprint-based criminal history background check known as a "Right to Review" performed by the North Carolina State Bureau of Investigation. For the purpose of this Rule, "Resided in" means any place the trainee has lived, worked, attended school, or participated in an internship. The individual shall also provide certified court documentation for each criminal conviction;

(4) a fingerprint-based criminal history background check known as a "Right to Review" performed by a federal agency including all locations where the trainee has lived since obtaining the age of majority. The individual shall also provide certified court documentation for each criminal conviction, including domestic and foreign locations where the individual has resided; or

(i) Trainees who have served in the United States Armed Forces, in addition to one of the types of criminal records checks listed in Subparagraphs (h)(1) through (4) of this Rule shall provide a copy of their Certificate of Discharge, DD Form 214, that shows their "Character of Service" and "Narrative Reason for Separation." Individuals showing a "Character of Service" as "Bad Conduct" or "Dishonorable" shall provide certified copies of their court-martial proceedings to include the final disposition. Trainees shall also provide documentation to show that they have requested their official military personnel file, which shall be provided upon receipt.

(j) A trainee who has been naturalized as a United States Citizen is exempt from providing the criminal record checks for locations where they resided outside of the United States prior to naturalization.

(k) A trainee who has resided outside the United States, other than those described in Paragraph (j) of this Rule, who cannot obtain a criminal record check from any location outside the United States shall document the following, to be forwarded to the Standards Division:

(1) the name of the agencies contacted,

(2) the date the agencies were contacted,

(3) the contact information for the agencies contacted, and

(4) the reason the information cannot be provided.

(l) Documents obtained in accordance with Paragraph (h) of this Rule shall meet the following requirements:

(1) any records provided shall fall within the time period beginning when the trainee obtains the age of majority and continuing through the date of application;

(2) any records provided shall include all locations where the trainee has resided since obtaining the age of majority; and

(3) any records provided shall include all legal names utilized by the trainee since obtaining the age of majority.

(m) The Commission-accredited school shall not admit any individual as a trainee in a presentation of BLET who has been convicted of the following:

(1) a felony;

(2) a crime for which the punishment could have been imprisonment for more than two years;

(3) a crime or unlawful act defined as a Class B Misdemeanor within the five year period prior to the date of scheduled graduation;

(4) a crime or unlawful act defined as a Class B Misdemeanor occurring after the date of certification;

(5) four or more crimes or unlawful acts defined as Class B Misdemeanors, regardless of the date of conviction;

(6) four or more crimes or unlawful acts defined as Class A Misdemeanors, except the trainee is not barred from enrollment if the last conviction date occurred more than two years prior to the date of scheduled graduation; or

(7) a combination of four or more Class A Misdemeanors or Class B Misdemeanors regardless of the date;

(8) an offense that pursuant to 18 USC 922(g)(8) would prohibit the possession of a firearm.

(n) Individuals charged with crimes specified in Paragraph (m) of this Rule are not barred from enrollment into BLET if such offenses were dismissed or the person was found not guilty, but completion of BLET does not ensure that certification as a law enforcement officer or justice officer through the North Carolina Criminal Justice Education and Training Standards Commission will be issued. Every individual who is admitted as a trainee in a presentation of BLET shall notify the School Director of all criminal offenses the trainee is arrested for or charged with, pleads no contest to, pleads guilty to, or is found guilty of, and of all Domestic Violence Protective Orders (G.S. 50B) that are issued by a judicial official after a hearing that provides an opportunity for both parties to be present. This includes all criminal offenses except minor traffic offenses and includes any offense of Driving Under the Influence (DUI) or Driving While Impaired (DWI). A "minor traffic offense" is defined, for the purposes of this Paragraph, as an offense where the maximum punishment allowable by law is 60 days or fewer. Other offenses under G.S. 20 (Motor Vehicles) or similar laws of other jurisdictions that shall be reported to the School Director are G.S. 20-138.1 (driving while under the influence), G.S. 20-28 (driving while license permanently revoked or permanently suspended), G.S. 20-30(5)(fictitious name or address in application for license or learner's permit), G.S. 20-37.8 (fraudulent use of a fictitious name for a special identification card), G.S. 20-102.1 (false report of theft or conversion of a motor vehicle), G.S. 20-111(5)(fictitious name or address in application for registration), G.S. 20-130.1 (unlawful use of red or blue lights), G.S. 20-137.2 (operation of vehicles resembling law enforcement vehicles), G.S. 20-141.3 (unlawful racing on streets and highways), G.S. 20-141.5 (speeding to elude arrest), and G.S. 20-166 (duty to stop in event of accident). The notifications required under this Paragraph shall be in writing and specify the nature of the offense, the court where the case was handled, the date of the arrest or criminal charge, the date of issuance of the Domestic Violence Protective Order (50B), and the final disposition and the date thereof. The notifications required under this Paragraph shall be received by the School Director within 30 days of the date the case was disposed of in court. The requirements of this Paragraph are applicable at all times during which the trainee is enrolled in a BLET. The requirements of this Paragraph are in addition to the notifications required under 12 NCAC 10B .0301 and 12 NCAC 09B .0101 (13).

(o) The Commission-accredited school shall not admit any individual as a trainee in the presentation of BLET who has an active Domestic Violence Order of Protection or Civil Non-Contact Order issued against the individual. The student must provide a signed and dated written statement from the individual certifying that no such active Orders exist related to the individual.

(p) The Commission-accredited school shall not admit any individual as a trainee in the presentation of BLET unless the individual has provided to the School Director a copy of their valid driver's license. The trainee's driver's license must remain valid throughout the entirety of the BLET course.

History

  • Authority G.S. 17C-6; 17C-10; 93B-9
  • Eff. January 1, 1981
  • Amended Eff. January 1, 2019; April 1, 2018; January 1, 2017; February 1, 2016; November 1, 2015; March 1, 2015; January 1, 2015; June 1 ,2012; February 1, 2011; June 1, 2010; December 1, 2004; July 1, 2004; August 1, 2002; August 1, 2000; January 1, 1995; March 1, 1992; July 1, 1989; January 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2025; January 1, 2025; July 1, 2020.
12 NCAC 09B .0204 Training Course Enrollment {#sec-12-ncac-09b-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0204}

(a) Any school offering a Commission-accredited Basic Law Enforcement Training Course shall have enrolled a minimum of 10 trainees in the offering.

(b) Any school may make written request to the Director of the Standards Division to deliver the Commission-accredited Basic Law Enforcement Training Course with no fewer than eight enrolled trainees. The Director shall approve the request if it includes a summary of the efforts the school has made to notify its respective community of the availability of the course and the reasons supporting the school's need to enroll fewer than 10 trainees, provided that the summary includes attempts to notify, at a minimum, by social media and the school's website.

(c) The school may not enroll any trainee later than the initial day of delivery of a certified training course unless the trainee's enrollment is pursuant to an authorization of limited enrollment in a subsequent course pursuant to Rule .0405 of this Subchapter or pursuant to prescribed supplementary or remedial training required pursuant to Rule .0402 of this Subchapter.

(d) The school shall not enroll more than 18 trainees in a presentation of the "Criminal Justice Instructor Training Course" as constituted under Rule .0209 of this Section.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. April 1, 2018; April 1, 2017; August 1, 2005; August 1, 2000; January 1, 1985; November 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2025.
12 NCAC 09B .0205 Basic Law Enforcement Training {#sec-12-ncac-09b-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0205}

(a) The basic training course for law enforcement officers shall consist of instruction designed to provide the trainee with the skills and knowledge to perform those tasks essential to function in law enforcement.

(b) The course entitled "Basic Law Enforcement Training" shall consist of a minimum of 868 hours of instruction

and shall include the following identified topical areas and minimum instructional hours for each:

(1) Module 1

(A) Orientation 8 Hours

(B) Ethical Problem Solving 16 Hours

(C) Communication and De-escalation Skills 24 Hours

(D) Crisis Intervention: Interacting With Special Needs Populations 24 Hours

(E) Officer Health and Wellness 54 Hours

(F) Field Notes and Report Writing 16 Hours

(G) Arrest, Search, Seizure, and Constitutional Law 24 Hours

(H) Interviews and Interrogations 24 Hours

(I) Compliance and Control Tactics 64 Hours

(J) Firearms 96 Hours

(K) Law Enforcement Driver Training 48 Hours

(L) First Responder 24 Hours

(2) Module 2

(A) Criminal Investigations 40 Hours

(B) Testifying in Court 16 Hours

(C) Responding to Crime Victims 8 Hours

(D) Person Crimes 16 Hours

(E) Property Crimes 16 Hours

(F) Crimes Against the Public 16 Hours

(G) Juvenile Laws and Procedures 12 Hours

(H) Domestic Violence 16 Hours

(I) Sexual Assaults 16 Hours

(J) Human Trafficking 4 Hours

(K) Hate Crimes 8 Hours

(L) Controlled Substances 16 Hours

(M) Missing Persons 4 Hours

(N) Deceased Persons 4 Hours

(3) Module 3

(A) Motor Vehicle Law 20 Hours

(B) Traffic Law Enforcement 24 Hours

(C) Traffic Crash Investigations 24 Hours

(D) Standardized Field Sobriety Testing 28 Hours

(4) Module 4

(A) Patrol Techniques 28 Hours

(B) Crowd Management 16 Hours

(C) Courtroom Security 8 Hours

(D) Homeland Security 8 Hours

(E) Rapid Deployment to an Active Attacker 16 Hours

(F) Civil Process 24 Hours

(G) Transporting and Processing 8 Hours

(H) Crime Prevention 4 Hours

(I) Explosives and Hazardous Materials Emergencies 16 Hours

(5) Testing 30 Hours

Total Course Hours 868 Hours

(c) This Rule does not apply to Basic Law Enforcement Training courses that were in progress as of January 1, 2025.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Temporary Amendment Eff. December 14, 1983 for a period of 120 days to expire on April 12, 1984
  • Amended Eff. January 1, 2019; July 1, 2018; January 1, 2018; July 1, 2017; July 1, 2016
  • January 1, 2015; February 1, 2014; July 1, 2011; July 1, 2009; January 1, 2006; August 1, 2002
  • August 1, 2000; November 1, 1998; July 1, 1997; January 1, 1995; February 1, 1991; July 1, 1989
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2025.
12 NCAC 09B .0206 Basic Training - Correctional Officers {#sec-12-ncac-09b-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0206}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2000; August 1, 1995; July 1, 1989; February 1, 1987; April 1, 1983
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0207 Basic Training -- State Youth Services Officers {#sec-12-ncac-09b-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0207}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2000; December 1, 1987; January 1, 1983
  • Temporary Repeal Eff. April 15, 2003
  • Repealed Eff. April 1, 2004.
12 NCAC 09B .0208 Basic Training - Probation/Parole Officers {#sec-12-ncac-09b-.0208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0208}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. January 1, 1995; April 1, 1983
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0209 Criminal Justice Instructor Training {#sec-12-ncac-09b-.0209 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0209}

(a) The Instructor Training course required for General Instructor certification shall consist of a minimum of 38 hours of classroom instruction, plus the time required to conduct practical exercises, student presentations, and post testing. The Instructor Training course shall be presented during a period of no more than 15 business days. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(1) whether instruction has begun in the course or whether course initiation may be postponed;

(2) the risk of harm to students that may be caused by continuation of the course;

(3) whether those enrolled in the course have been or will likely be called into action to help address the State of Emergency;

(4) the specific need for the waiver; and

(5) the degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to the Section shall be posted on the CJETS website: https://ncdoj.gov/law-enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began during the effective period of the State of Emergency.

(b) Each Instructor Training course shall include the following identified topic areas and minimum instructional hours for each area:

(1) Orientation and Pre-Test 2 Hour

(2) Instructional Systems Design (ISD) 3 Hours

(3) Law Enforcement Instructor Liabilities and Legal Responsibilities 2 Hours

(4) Criminal Justice Instructional Leadership 4 Hours

(5) Lesson Plan Preparation: Professional Resources 2 Hours

(6) Lesson Plan Development and Formatting 3 Hours

(7) Adult Learning 2 Hours

(8) Instructional Styles and Platform Skills 5 Hours

(9) Classroom Management 3 Hours

(10) Active Learning: Demonstration and Practical Exercises 3 Hours

(11) The Evaluation Process of Learning 3 Hours

(12) Audio Visual Aids 5 Hours

(13) Course Closing and Post-test 1 Hour

(14) Completion of tasks associated with practical exercises, student presentations, and post testing. The Instructor Training School Director shall determine the number of hours required to complete this portion of the curriculum. This decision shall be based on the number of enrolled students, available facilities, and number of instructors.

(c) The most current version of the "Instructor Training" manual published by the North Carolina Justice Academy shall be the curriculum for instructor training courses. Copies of this publication may be inspected at the agency:

and may be purchased by cash, money order, or credit card, from the Academy bookstore at the following address:

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. July 1, 2018; April 1, 2018; January 1, 2018; January 1, 2015; December 1, 2009; August 1, 2005; November 1, 1998; January 1, 1995; March 1, 1990; July 1, 1989; January 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. December 1, 2023; April 1, 2022; July 1, 2021; January 1, 2021.
12 NCAC 09B .0210 RADAR INSTRUCTOR TRAINING courses {#sec-12-ncac-09b-.0210 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0210}

(a) The RADAR Instructor Training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a criminal justice RADAR instructor. The RADAR Instructor Training course shall consist of a minimum of 60 hours of classroom instruction and motor-skill performance testing. This course shall be for a period not to exceed six consecutive weeks. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to the Section shall be posted on the CJETS website https://ncdoj.gov/law-enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began, or were in effect, during the effective period of the State of Emergency.

(b) The RADAR Instructor Training course shall include the following identified topic areas and minimum instructional hours for each area:

(1) Orientation 2 Hours

(2) Introduction to RADAR Training 2 Hours

(3) Speed Offenses and Speed Enforcement 4 Hours

(4) Basic Principles of RADAR Speed Measurement 6 Hours

(5) North Carolina Administrative Code and SMI Forms 8 Hours

(6) Legal and Operational Considerations 8 Hours

(7) Familiarization and Operation of Specific RADAR Instruments 16 Hours

(8) Courtroom Preparation 4 Hours

(9) Motor-Skill Performance Testing 8 Hours

(10) Course Review 2 Hours

(c) Each applicant for the RADAR Instructor Training course shall:

(1) Present the endorsement of a Commission-certified school director or agency executive officer or his designee;

(2) Possess current criminal justice instructor certification as required in 12 NCAC 09B .0302; and

(3) Possess a current RADAR operator certification.

(d) The RADAR Instructor Re-Certification Training course shall consist of a minimum of 18 hours of classroom instruction and motor-skill performance testing and not exceed one week. Each RADAR Instructor Re-Certification Training course shall include the following identified topic areas and minimum instructional hours for each area:

(1) Orientation 1 Hour

(2) Speed Offenses and Speed Enforcement 1 Hour

(3) Basic Principles of RADAR Speed Measurement 1.5 Hours

(4) North Carolina Administrative Code and SMI Forms 2 Hours

(5) Legal and Operational Considerations 1.5 Hours

(6) Familiarization and Operation of Specific RADAR Instruments 3 Hours

(7) Motor-Skill Performance Testing 8 Hours

(e) Each applicant for the RADAR Instructor Re-Certification Training course shall:

(1) Possess current criminal justice instructor certification as required in 12 NCAC 09B .0302;

(2) Have been certified as a RADAR instructor within the three years preceding the completion date of the re-certification course; and

(3) Present the endorsement of a Commission-certified school director, agency executive officer, or his designee.

(f) The North Carolina Justice Academy is the only Commission-accredited school authorized to administer the RADAR Instructor and RADAR Instructor Re-Certification Training Courses.

History

  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted w/change Eff. July 1, 1982
  • Amended Eff. January 1, 2006; April 1, 1999; November 1, 1998; August 1, 1995; July 1, 1989; February 1, 1987; August 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2025.
12 NCAC 09B .0211 Time Distance Instructor Training Course {#sec-12-ncac-09b-.0211 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0211}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted w/change Eff. July 1, 1982
  • Amended Eff. November 1, 2007; April 1, 1999; November 1, 1998; November 1, 1993; July 1, 1989; February 1, 1987; August 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. April 1, 2022
  • Repealed Eff. October 1, 2025.
12 NCAC 09B .0212 Certification and Re-Certification Training for Radar Operators {#sec-12-ncac-09b-.0212 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0212}

(a) The Radar Operator Training Course for law enforcement officers shall be designed to provide the student with the skills and knowledge to perform the function of a law enforcement radar operator. This course shall be for a period not to exceed four consecutive weeks and shall consist of a minimum of 30 hours of instruction, including the following topic areas and minimum hours for each:

(1) Course Orientation 0.5 Hours

(2) Introduction to Radar Training 0.5 Hours

(3) Speed Offenses and Speed Enforcement 2 Hours

(4) Basic Principles of Radar Speed Measurement 5 Hours

(5) Legal and Operational Considerations 4 Hours

(6) Familiarization and Operation of Specific Radar Instruments 10 Hours

(7) Courtroom Preparation 3 Hours

(8) Motor-Skill Performance Testing 4 Hours

(9) Course Review 1 Hour

This course shall have a minimum ratio of one instructor per six students.

(b) Only those individuals currently certified as a law enforcement officer or appointed personnel of a law enforcement agency shall be enrolled in the Radar Operator Training Course. Sheriffs, deputy sheriffs, and federal law enforcement personnel, including armed forces personnel, shall be allowed to participate in the a Radar Operator Training Course at the discretion of the school director without having enrolled in or having successfully completed the basic law enforcement training course, pursuant to 12 NCAC 09B .0205, and without being currently certified in a probationary status or holding general law enforcement certification.

(c) The Radar Operator Re-Certification Training Course shall be designed to provide the law enforcement officer with the skills and knowledge to continue to proficiently perform the functions of a radar operator. This course shall be presented within a period not to exceed one week and shall consist of a minimum of six hours of instruction, including the following topic areas and minimum hours for each:

(1) Course Orientation 0.5 Hours

(2) Legal and Operational Considerations 1.5 Hours

(3) Motor-Skill Performance Testing 4 Hours

This course shall have a minimum ratio of one instructor per six students.

(d) Students enrolled in a Radar Operator Re-Certification Training Course shall, at the time of enrollment, hold active radar operator certification or have previously held active radar operator certification within 12 months prior to the scheduled end date of the course. Federal law enforcement personnel shall be allowed to participate in a Radar Operator Re-Certification Training Course at the discretion of the school director without previously having held radar operator certification, but such personnel must have completed one introductory level speed measurement instrument course that included instruction on operation of radar instruments. Courses that meet this requirement include those described in Paragraph (a) of this Rule and those described in 12 NCAC 09B .0242(a).

(e) If the Governor declares a State of Emergency pursuant to G.S. 166A- 19.3(19), the Director of the Criminal Justice Standards Division shall allow additional time to complete a specific course delivery beyond the time limits set forth in Paragraphs (a) and (c) of this Rule when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by the continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to this Section shall be posted on the CJETS website, https://ncdoj.gov/law- enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began or were in progress during the effective period of the State of Emergency.

History

  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted w/change Eff. July 1, 1982
  • Temporary Amendment Eff. February 24, 1984 for a period of 120 days to expire on June 22, 1984
  • Amended Eff. April 1, 1999; November 1, 1998; August 1, 1995; February 1, 1991; July 1, 1989; August 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026; April 1, 2022.
12 NCAC 09B .0213 Certification Training for Radar/Time-Distance Operators {#sec-12-ncac-09b-.0213 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0213}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted w/change Eff. July 1, 1982
  • Amended Eff. April 1, 1999; November 1, 1998; August 1, 1995; February 1, 1991; July 1, 1989; August 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. April 1, 2022
  • Repealed Eff. February 1, 2026.
12 NCAC 09B .0214 Certification Training for Time-Distance Operators {#sec-12-ncac-09b-.0214 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0214}

History

  • Status: expired
  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted w/change Eff. July 1, 1982
  • Amended Eff. April 1, 1999; November 1, 1998; August 1, 1995; February 1, 1991; July 1, 1989; August 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. April 1, 2022
  • Expired Eff. July 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 09B .0215 Supplemental Smi Training {#sec-12-ncac-09b-.0215 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0215}

(a) The supplemental speed measuring instrument (SMI) training course for law enforcement officers shall be designed to allow officers an opportunity to be certified on additional speed measuring instruments and modes, as defined in 12 NCAC 09C .0308(h), not included on the officers' initial speed measuring instrument certification. The course shall be designed to provide the trainee with the skills and knowledge to perform those tasks essential to function as an instructor or operator using the additional speed measuring instruments and modes.

(b) Each applicant for supplemental SMI training shall:

(1) possess a valid radar or lidar speed measuring instrument instructor or operator certification as a result of successful completion of a training course set forth in 12 NCAC 09B .0210, .0212, .0237, .0238, or .0242;

(2) present the endorsement of a Commission-certified school director or in-service training coordinator, or agency head or his or her designee by submitting Form SMI-16, pursuant to 12 NCAC 09I .0106(a)(4);

(3) present a copy of the applicant's active SMI operator or instructor certification, which lists the instruments and modes that the officer is certified to operate;

(4) demonstrate proficiency in the motor-skill and performance subject areas with the instrument and modes as evidenced by completion of the Commission's SMI-1 Form, SMI-1A Form, or SMI-13 Form pursuant to 12 NCAC 09I .0106; and

(5) for individuals seeking certification on modes which are not included on their current SMI certification, complete 240 minutes of supervised field practice for each additional mode on Form SMI-15 pursuant to 12 NCAC 09I .0106. For dual antenna instruments, 120 of the 240 minutes must be completed using each antenna.

(c) The supplemental SMI training course required for certification on the additional instruments shall consist of a minimum of 1.5 hours of instruction, including the following topic areas and minimum hours for each:

(1) Course Orientation 0.5 hour

(2) Familiarization & Operation of Specific SMI Instruments 0.5 hour

(3) Motor Skills Testing (per instrument per student) 0.5 hour

(d) Adding instruments and modes to an individual's SMI operator or instructor certification shall not extend the certification period as prescribed in 12 NCAC 09B .0308 and 09C .0308.

History

  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted Eff. July 1, 1982
  • Amended Eff. November 1, 2007; May 1, 2004; August 1, 2002; April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026.
12 NCAC 09B .0216 Basic Training - Parole Case Analysts {#sec-12-ncac-09b-.0216 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0216}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. April 1, 1983
  • Amended Eff. January 1, 1985
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0217 Basic Training -- Alcohol Law Enforcement Agents {#sec-12-ncac-09b-.0217 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0217}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Eff. April 1, 1983
  • Amended Eff. December 1, 1987; October 1, 1985
  • Repealed Eff. November 1, 1993.
12 NCAC 09B .0219 Re-Certification Training for Time-Distance Instructors {#sec-12-ncac-09b-.0219 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0219}

History

  • Status: expired
  • Authority G.S. 17C-6
  • Eff. July 1, 1983
  • Amended Eff. November 1, 2007; April 1, 1999; July 1, 1989; February 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Expired Eff. July 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 09B .0218 Re-Certification Training for Radar Instructors {#sec-12-ncac-09b-.0218 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0218}

History

  • Status: expired
  • Authority G.S. 17C-6
  • Eff. July 1, 1983
  • Amended Eff. November 1, 2007; April 1, 1999; July 1, 1989; February 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Expired Eff. July 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 09B .0220 Re-Certification Course for Radar Operators {#sec-12-ncac-09b-.0220 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0220}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. October 1, 1983
  • Temporary Amendment Eff. February 24, 1984 for a period of 120 days to expire on June 22, 1984
  • Amended Eff. November 1, 2007; April 1, 1999; November 1, 1993; August 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09B .0221 re-certification course for radar/time-distance operations {#sec-12-ncac-09b-.0221 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0221}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. October 1, 1983
  • Amended Eff. November 1, 2007; April 1, 1999; November 1, 1993; August 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09B .0222 Re-Certification Course for Time-Distance Operators {#sec-12-ncac-09b-.0222 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0222}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. October 1, 1983
  • Amended Eff. November 1, 2007; April 1, 1999; November 1, 1993; July 1, 1989; August 1, 1984; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09B .0223 BASIC TRAINING - PROBATION/PAROLE oFFICERS-SURVEILLANCE {#sec-12-ncac-09b-.0223 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0223}

History

  • Status: repealed
  • Filed as a Temporary Rule Eff. December 14, 1983 for a period of 120 days to expire on April 12, 1984
  • Authority G.S. 17C-6
  • Eff. April 1, 1984
  • Amended Eff. January 1, 1995
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0224 Basic Training -- County Confinement Facility {#sec-12-ncac-09b-.0224 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0224}

History

  • Status: repealed
  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Eff. June 1, 1986
  • Amended Eff. August 1, 1998; January 1, 1992; July 1, 1989
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff: October 1, 2025.
12 NCAC 09B .0225 Basic Training -- Local Confinement Personnel {#sec-12-ncac-09b-.0225 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0225}

(a) The basic training course for detention officers as prescribed in 12 NCAC 10B by the North Carolina Sheriffs' Education and Training Standards Commission is hereby incorporated by reference, and shall automatically include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6 to be the minimum basic training course required for local confinement facility personnel. The "Detention Officer Certification Training Manual" as published by the North Carolina Justice Academy shall apply as the basic curriculum for local confinement facility personnel. Copies of this manual may be obtained by contacting the North Carolina Justice Academy, Post Office Box 99, Salemburg, North Carolina 28385-0099. The cost of this manual is forty dollars ($40.00) per copy.

(b) Notice of successful course completion issued by the Sheriffs' Standards Division shall be sufficient to satisfy this requirement.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Eff. June 1, 1986
  • Amended Eff. August 1, 1998; March 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09B .0226 Specialized Firearms Instructor Training {#sec-12-ncac-09b-.0226 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0226}

(a) The instructor training course for Specialized Firearms Instructor Training Certification shall consist of a minimum of 50 hours of classroom and range instruction plus time required to complete the tasks associated with Range Operations presented during a continuous period of not more than two weeks. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to the Section shall be posted on the CJETS website https://ncdoj.gov/law-enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began during the effective period of the State of Emergency.

(b) Each Specialized Firearms Instructor Training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a criminal justice firearms instructor in a Basic Law Enforcement Training (BLET) Course or a law enforcement officer in-service firearms training program.

(c) Each applicant for specialized firearms instructor training shall:

(1) have completed the criminal justice instructor training course;

(2) present a written endorsement by either:

(A) a certified school director indicating the student may be utilized to instruct firearms in the Basic Law Enforcement Training Course; or

(B) a department head, certified school director, or in-service training coordinator, indicating the student may be utilized to instruct firearms in a law enforcement officer in-service firearms training program; and

(3) Once within 365 days prior to enrollment each prospective student shall demonstrate proficiency during a qualification administered by the North Carolina Justice Academy. To successfully complete this qualification each prospective student shall achieve a minimum score of 92 percent 2 out of 3 times on both the BLET Day and Night Courses of Fire while using a 'Sam Browne' type belt and security holster and agency-issued duty or ballistic-equivalent ammunition.

(d) Each Specialized Firearms Instructor Training course shall include the following identified topic areas and minimum instructional hours for each area:

(1) Orientation/Pretest 2 Hours

(2) Range Operations 2 Hours

(3) Civil Liability 4 Hours

(4) Night Firing 2 Hours

(5) Combat Shooting Classroom and Range 8 Hours

(6) Mental Conditioning 1 Hours

(7) Shotgun Operation and Firing 4 Hours

(8) Service Handgun - Operation and Use 8 Hours

(9) Rifle - Operation and Maintenance 4 Hours

(10) Service Handgun - Maintenance and Cleaning 2 Hours

(11) Range Medical Emergencies 2 Hours

(12) In-Service Firearms Requirements 2 Hours

(13) BLET Lesson Plan Review 1 Hour

(14) Range Drills as defined in the Specialized Firearms Instructor

Training Manual and the Specialized Firearms Instructor Training

Course Management Guide 8 Hours

(15) Completion of tasks associated with Range Operations and Instructor Practicums hours determined by number of students and instructors:

(A) Conduct a BLET Day Course of Fire

(B) Conduct a BLET Night Course of Fire

(C) Conduct a Long Gun Course of Fire

(D) Develop a Combat Course of Fire

(e) The "Specialized Firearms Instructor Training Manual" published by the North Carolina Justice Academy shall be the curriculum for the Specialized Firearms Instructor Training course. Copies of this publication may be inspected at the:

(f) The Commission-certified school that is certified to offer the "Specialized Firearms Instructor Training" course is the North Carolina Justice Academy.

History

  • Authority G.S. 17C-6
  • Eff. May 1, 1986
  • Amended Eff. January 1, 2015; February 1, 2013; August 1, 2006; August 1, 2000; November 1, 1998; August 1, 1995; February 1, 1991; March 1, 1990; July 1, 1989
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. April 1, 2022; January 1, 2021.
12 NCAC 09B .0227 Specialized Driver Instructor Training {#sec-12-ncac-09b-.0227 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0227}

(a) The instructor training course required for Specialized Driver Instructor Certification shall consist of a minimum of 24 hours of classroom instruction plus the time required to conduct the tasks as required in the driver practicums based on number of students, available facilities, and number of instructors.

(b) Each Specialized Driver Instructor Training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a criminal justice driver instructor in a Basic Law Enforcement Training Course or a "Law Enforcement Officers' Annual In-Service Training Program."

(c) Each applicant for Specialized Driver Instructor Training shall:

(1) have completed the criminal justice general instructor training course;

(2) present a written endorsement by either

(A) a certified school director indicating the student may be utilized to instruct driving in Basic Law Enforcement Training Courses; or

(B) a department head, certified school director, or in-service training coordinator, indicating the student may be utilized to instruct driver training in the "Law Enforcement Officer's Annual In-Service Training Program";

(3) possess a valid operator driver's license;

(4) maintain a safe driving record where no more than four points have been assigned against the driving record within the past three years; and

(5) Within 365 days prior to enrollment in the Specialized Driver Instructor Training course, the prospective student shall complete a qualification administered by the North Carolina Justice Academy or the North Carolina State Highway Patrol Training Academy requiring the individual to achieve minimum scores on the following Basic Law Enforcement Training driving course exercises:

(A) minimum score of 85 percent on 2 out of 3 attempts on the Off-set Lane Maneuver, Serpentine, and Precision Exercise during daylight conditions;

(B) minimum score of 85 percent on 2 out of 3 attempts on the Precision Exercise during nighttime conditions;

(C) minimum score of 85 percent on one five-minute attempt during daytime conditions and one five-minute attempt during nighttime conditions on the Emergency Response exercise;

(D) minimum score of 85 percent on one five-minute attempt during daytime conditions and one five-minute attempt during nighttime conditions on the Pursuit Exercise; and

(E) score 100 percent on 2 out of 3 attempts on all phases of the Fixed Radius Curve and Evasive Action Exercises.

(d) Each Specialized Driver Instructor Training course shall include the following identified topic areas and instructional hours for each area:

(1) Orientation 1 Hour

(2) Lesson Plan Review (BLET) 6 Hours

(3) General Mechanical Knowledge 2 Hours

(4) Before - Operation Inspection 1 Hour

(5) Laws of Natural Force & Operating Characteristics 3 Hours

(6) Legal and Operational Considerations for the Driver Instructor 4 Hours

(7) Course Description Packet and Administrative Code Review 2 Hour

(8) Course Review 1 Hour

(9) Building Driving Courses 4 Hours

(10) Completion of tasks associated with the Driver Practicums. The number of hours required to complete this portion of the curriculum shall be based on the number of enrolled students, available facilities, and number of instructors.

(e) The "Specialized Driver Instructor Training Manual" as published by the North Carolina Justice Academy shall be the curriculum for Specialized Driver Instructor Training courses. Copies of this publication may be inspected at the:

(f) Commission-certified schools that are certified to offer the "Specialized Driver Instructor Training" course are The North Carolina Justice Academy and The North Carolina State Highway Patrol Training Center.

History

  • Authority G.S. 17C-6
  • Eff. May 1, 1986
  • Amended Eff. August 1, 2015; January 1, 2015; February 1, 2013; August 1, 2006; February 1, 2006; August 1, 2000; November 1, 1998; August 1, 1995; February 1, 1991; March 1, 1990; July 1, 1989
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2021.
12 NCAC 09B .0228 Basic Training - Wildlife Enforcement Officers {#sec-12-ncac-09b-.0228 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0228}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Eff. February 1, 1987
  • Amended Eff. April 1, 2008; August 1, 2004; August 1, 2000; August 1, 1995; July 1, 1991; July 1, 1989
  • Repealed Eff. August 1, 2015.
12 NCAC 09B .0229 Corrections Specialized Instructor Training - Firearms {#sec-12-ncac-09b-.0229 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0229}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. February 1, 1987
  • Amended Eff. January 1, 1995; July 1, 1989
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0230 Corrections specialized instructor tra – unarmed self-def {#sec-12-ncac-09b-.0230 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0230}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. February 1, 1987
  • Amended Eff. January 1, 1995; July 1, 1989
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0231 basic training – probation/parole intensive officer {#sec-12-ncac-09b-.0231 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0231}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. February 1, 1987
  • Amended Eff. January 1, 1995; July 1, 1989
  • Temporary Repeal Eff. January 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 09B .0232 Specialized Compliance and Control Tactics Instructor Training {#sec-12-ncac-09b-.0232 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0232}

(a) The instructor training course required for Specialized Compliance and Control Tactics Instructor Certification shall consist of a minimum of 29 hours of classroom instruction plus time required to complete the tasks associated with Compliance and Control Tactics Instructional Methods and Demonstration, presented during a continuous period of not more than two weeks. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to the Section shall be posted on the CJETS website https://ncdoj.gov/law- enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began during the effective period of the State of Emergency.

(b) Each Specialized Compliance and Control Tactics Instructor Training course shall provide the trainee with the skills and knowledge to perform the function of a criminal justice Specialized Compliance and Control Tactics Instructor in the Commission-accredited Basic Law Enforcement Training Course or a Law Enforcement Officers' Annual In-Service Training Program.

(c) Each applicant for Specialized Compliance and Control Tactics Instructor Training shall:

(1) have completed the Instructor Training course, pursuant to 12 NCAC 09B .0209;

(2) present a letter from a physician, physician assistant, or nurse practitioner, who holds a current license in the United States to practice medicine, as issued by a state medical board, stating the applicant's physical fitness to participate in the course;

(3) present a written endorsement by either

(A) a certified School Director indicating the student is qualified to instruct Compliance and Control Tactics in the Commission-accredited Basic Law Enforcement Training Course; or

(B) a Department Head, certified School Director, or In-Service Training Coordinator indicating the student may be utilized to instruct Compliance and Control Tactics for the Law Enforcement Officers' Annual In-Service Training program; and

(4) Within 365 days prior to enrollment in the Compliance and Control Tactics Instructor Training course the prospective student shall complete the following assessments administered by the North Carolina Justice Academy:

(A) a qualification requiring the individual to demonstrate 100 percent proficiency on the Basic Law Enforcement Training Compliance and Control Tactics; and

(B) achieve at least the 60th percentile on a physical fitness assessment.

(d) Each Specialized Compliance and Control Tactics Instructor Training course shall include the following identified topic areas and minimum instructional hours for each area:

(1) Orientation 1 Hour

(2) Response to Injury 4 Hours

(3) Combat Conditioning 4 Hours

(4) Safety Guidelines/Rules 2 Hours

(5) Fundamentals of Professional Liability 4 Hours

(6) Practical Skills Enhancement 4 Hours

(7) Student Instructional Practicum 6 Hours

(8) BLET Lesson Plan Review 4 Hours

History

  • Authority G.S. 17C-6
  • Eff. February 1, 1987
  • Amended Eff. February 1, 2016; January 1, 2015; February 1, 2013; December 1, 2009; August
  • 1, 2006; August 1, 2000; November 1, 1998; August 1, 1995; March 1, 1990; July 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2025; April 1, 2022; January 1, 2021.
12 NCAC 09B .0233 Specialized Physical Fitness Instructor Training {#sec-12-ncac-09b-.0233 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0233}

(a) The instructor training course required for Specialized Physical Fitness Instructor Certification shall consist of a minimum of 47 hours of classroom and field instruction, plus the tasks associated with Physical Fitness Assessments, Exercise Programs, and Instructional Methods, presented during a continuous period of not more than two weeks. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to the Section shall be posted on the CJETS website https://ncdoj.gov/law-enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began during the effective period of the State of Emergency.

(b) Each Specialized Physical Fitness Instructor Training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a criminal justice physical fitness instructor in a Basic Law Enforcement Training Course or a Law Enforcement Officers' Annual In-Service Training Program.

(c) Each applicant for specialized physical fitness training shall:

(1) qualify through one of the following three options:

(A) have completed the criminal justice general instructor training course;

(B) hold a current and valid North Carolina Teacher's Certificate, hold a baccalaureate degree in physical education, and be teaching in physical education topics; or

(C) be presently instructing physical education topics in a community college, college, or university and possess a baccalaureate degree in physical education;

(2) present a written endorsement by either:

(A) a certified School Director indicating the student may be utilized to instruct physical fitness in Basic Law Enforcement Training Courses; or

(B) a certified School Director, or In-Service Training Coordinator indicating the student may be utilized to instruct physical fitness for the Law Enforcement Officers' In-Service Training Program;

(3) present a letter from a physician stating fitness to participate in the course; and

(4) Within 365 days prior to enrollment complete a qualification administered by the North Carolina Justice Academy requiring the individual to:

(A) complete Scenario #1 of the Police Officer Physical Abilities Test (POPAT) in no more than six minutes;

(B) complete Scenario #2 of the POPAT in no more than three minutes; and

(C) complete a physical fitness assessment achieve at a minimum percentile score of 60.

(d) Each Specialized Physical Fitness Instructor Training course shall include the following identified topic areas and minimum instructional hours for each area:

(1) Orientation 1 Hour

(2) Physical Fitness Sessions 6 Hours

(3) Physical Fitness Assessments, Exercise Programs, and Instructional Methods 14 Hours

(4) Injury Care and Prevention 4 Hours

(5) Nutrition 7 Hours

(6) Civil Liability 3 Hours

(7) CVD Risk Factors 3 Hours

(8) Developing In-Service Wellness Programs and Validating Fitness Standards 4 Hours

(9) Lesson Plan Review 2 Hours

(10) Exercise Leadership 3 Hours

(11) Completion of tasks associated with Physical Fitness Assessments, Exercise Programs, and Instructional Methods. The number of hours required to complete this portion of the curriculum shall be determined by number of students, number of instructors, and available facilities.

(e) The "Physical Fitness Instructor Training Manual" as published by the North Carolina Justice Academy shall be the curriculum for specialized physical fitness instructor training courses. Copies of this publication may be inspected at the:

(f) The Commission-certified school that is certified to offer the "Specialized Physical Fitness Instructor Training" course is the North Carolina Justice Academy.

History

  • Authority G.S. 17C-6
  • Eff. July 1, 1989
  • Amended Eff. February 1, 2016; January 1, 2015; February 1, 2013; December 1, 2009; August 1, 2006; August 1, 2002; August 1, 2000; November 1, 1998; March 1, 1990; August 1, 1985.
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. April 1, 2022; January 1, 2021.
12 NCAC 09B .0234 Basic Training -- Juvenile Detention Homes Personnel {#sec-12-ncac-09b-.0234 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0234}

History

  • Status: repealed
  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Eff. March 1, 1990
  • Amended Eff. August 1, 2001
  • Temporary Repeal Eff. April 15, 2003
  • Repealed Eff. April 1, 2004.
12 NCAC 09B .0235 BASIC TRAINING – juvenile court counselors and chief court counselors {#sec-12-ncac-09b-.0235 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0235}

(a) The Juvenile Court Counselors and Chief Court Counselors training course shall consist of a minimum of 119 hours of classroom and practical skills instruction.

(b) Each basic training course for Juvenile Court Counselors shall include training in the following topic areas:

(1) Juvenile Justice Common Core:

(A) Basic Individual Counseling Skills 5 hours

(B) Interpersonal Communication Skills 5 hours

(C) Working with Families 3 hours

(D) Characteristics of Delinquents 4 hours

(E) Staff and Juvenile Relationships: Maintaining 4 hours

Professional Boundaries

(F) Gang Awareness 2 hours

(G) Situational Awareness and Risk Assessment 4 hours

(H) Restraints, Controls, and Defensive Techniques 28 hours

(I) Mechanical Restraints 4 hours

(J) Youth Mental Health First-Aid 8 hours

(K) Think Trauma 8 hours

(L) Driver and Secure Transport Safety 4 hours

(M) Racial and Ethnic Disparities (RED) – Addressing RED within the

Juvenile Justice System 2 hours

(N) Verbal De-escalation for Juvenile Justice 2 hours

Total Hours 83 hours

(2) Juvenile Court Counselor Specific:

(A) Statutory Responsibilities and Requirements of Juvenile

Court Counselors 6 hours

(B) Juvenile Law 8 hours

(C) Intake, Supervision and Services 8 hours

(D) Risk and Needs Assessment 6 hours

(E) Report Writing and Documentation 8 hours

Total Hours 36 hours

Total Course Hours 119 hours

(c) Upon completion of a Commission-certified training course for Juvenile Court Counselors and Chief Court Counselors, the Director of the school conducting the course shall notify the Commission of training completion by submitting a Report of Training Course Completion for each trainee. The Report of Training Course Completion, F-11, identifies the student, student's social security number, date of birth, employing agency, position, date of appointment, and course information, to include title of course, location course was conducted at, the dates the course began and ended, the hours the course was conducted, number of instructional contact hours, and name of certifying official regarding the successful completion of the training course.

(d) Employees of the Division of Juvenile Justice and Delinquency Prevention who have completed the minimum 119 hour training program accredited by the Commission pursuant to Rule .0236 of this Section after January 1, 2013 who transfer from a Juvenile Justice Officer position to a Juvenile Court Counselor position shall be required to complete only the portions of the course identified as specific to the duties and responsibilities of a Juvenile Court Counselor under Subparagraph (b)(2) of this Rule.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Temporary Adoption Eff. April 15, 2003
  • Eff. April 1, 2004
  • Amended Eff. July 1, 2017; July 1, 2016; August 1, 2015; May 1, 2014
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2025; March 1, 2024; January 1, 2022.
12 NCAC 09B .0236 Basic Training - Juvenile Justice Officers {#sec-12-ncac-09b-.0236 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0236}

(a) The Juvenile Justice Officer training course shall consist of a minimum of 117 hours of classroom and practical skills instruction.

(b) Each basic training course for Juvenile Justice Officers shall include training in the following identified topic areas:

(1) Juvenile Justice Common Core:

(A) Basic Individual Counseling Skills 5 hours

(B) Interpersonal Communication Skills 5 hours

(C) Working with Families 3 hours

(D) Characteristics of Delinquents 4 hours

(E) Staff and Juvenile Relationships: Maintaining 4 hours

Professional Boundaries

(F) Gang Awareness 2 hours

(G) Situational Awareness and Risk Assessment 4 hours

(H) Restraints, Controls, and Defensive Techniques 28 hours

(I) Mechanical Restraints 4 hours

(J) Youth Mental Health First-Aid 8 hours

(K) Think Trauma 8 hours

(L) Driver and Secure Transport Safety 4 hours

(M) Racial and Ethnic Disparities (RED) – Addressing RED within the

Juvenile Justice System 2 hours

(N) Verbal De-escalation for Juvenile Justice 2 hours

Total Hours 83 hours

(2) Juvenile Justice Officer Specific:

(A) Treatment Program Operations 4 hours

(B) Maintaining Documentation of Activities and Behaviors 8 hours

(C) Basic Group Leadership Skills 4 hours

(D) Effective Behavior Management 10 hours

(E) Health Services Overview 2 hours

(F) Contraband and Search Techniques 2 hours

(G) Suicide Prevention and Response 4 hours

Total Hours 34 hours

Total Course Hours 117 hours

(c) Upon completion of a Commission-certified training course for Juvenile Justice Officers the Director of the school conducting the course shall notify the Commission of the training completion by submitting a Report of Training Course Completion for each trainee. The requirements for completion of the Report of Training Course Completion, F-11, is outlined in 12 NCAC 09B .0235.

(d) Employees of the Division of Juvenile Justice and Delinquency Prevention who have completed the minimum 117 hour training program accredited by the Commission under Rule .0235 of this Section after January 1, 2013 who transfer from a Juvenile Court Counselor position to a Juvenile Justice Officer position shall be required to complete only the portions of the course identified as specific to the duties and responsibilities of a Juvenile Justice Officer pursuant to Subparagraph (b)(2) of this Rule.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Temporary Adoption Eff. April 15, 2003
  • Eff. April 1, 2004
  • Amended Eff. July 1, 2017; July 1, 2016; August 1, 2015; May 1, 2014
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2025.
12 NCAC 09B .0237 LIDAR INSTRUCTOR CERTIFICATION TRAINING and re-certification courses {#sec-12-ncac-09b-.0237 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0237}

(a) The LIDAR Instructor Training Course shall be designed to provide the trainee with the skills and knowledge to perform the function of a LIDAR instructor. The LIDAR Instructor Training Course shall consist of a minimum of 18 hours of classroom instruction and motor-skill performance testing. This course shall be for a period not to exceed six consecutive weeks. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to the Section shall be posted on the CJETS website, located at https://ncdoj.gov/law-enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began, or were in effect, during the effective period of the State of Emergency.

(b) Each applicant for the LIDAR Instructor Training course shall:

(1) present the endorsement of a Commission-certified school director or agency executive officer or his designee;

(2) possess current criminal justice instructor certification as required in 12 NCAC 09B .0302; and

(3) possess a current LIDAR operator certification.

(c) The LIDAR Instructor Training course shall include the following identified topic areas and minimum instructional hours for each area:

(1) Orientation 2 Hours

(2) Introduction to LIDAR Training ½ Hour

(3) Basic Principles of LIDAR Speed Measurement 1 Hour

(4) Legal and Operational Considerations 1 Hour

(5) North Carolina Administrative Code and SMI Forms 1 Hour

(6) Familiarization and Operation of Specific LIDAR Instruments 7 Hours

(7) Courtroom Preparation ½ Hour

(8) Motor-Skill Performance Testing 4 Hours

(9) Course Review 1 Hour

(d) The LIDAR Instructor Re-Certification Training course shall consist of a minimum of 4 hours of classroom instruction and motor-skill performance testing and not exceed one week. Each LIDAR Instructor Re-Certification Training course shall include the following identified topic areas and minimum instructional hours for each area:

(1) Course Orientation ½ Hour

(2) Legal and Operational Considerations 1 Hour

(3) Familiarization and Operation of Specific LIDAR Instruments 1 Hour

(4) Motor-Skill Performance Testing 1½ Hours

(e) Each applicant for the LIDAR Instructor Re-Certification Training course shall:

(1) Possess current criminal justice instructor certification as required in 12 NCAC 09B .0302;

(2) Have been certified as a LIDAR instructor within the three years preceding the completion date of the re-certification course; and

(3) Present the endorsement of a Commission-certified school director, agency executive officer, or his designee.

(f) If the trainee fails to achieve a score of 100% competence in each motor-skill performance test, he or she shall be authorized one opportunity for a re-test. Failure to score 100% on the re-test will require enrollment in a subsequent LIDAR Instructor course.

(g) Those individuals who have previously held LIDAR Instructor Certification and have not exceeded a six

year time period from when his or her LIDAR Instructor Certification expired are eligible to reapply for

reissuance of the previously held LIDAR Instructor Certification. An application for re-issuance shall contain

documentation that the applicant:

(1) Holds current criminal justice instructor certification, pursuant to 12 NCAC 09B .0302;

(2) Has completed the pre-qualification skills assessments;

(3) Must complete the Commission-approved LIDAR Instructor Re-Certification Training course, pursuant to 12 NCAC 09B .0210;

(4) Has passed the LIDAR Instructor comprehensive state examination with a minimum score of 75; and

(5) Has obtained the recommendation of a Commission-certified school director, agency executive or his designee.

(h) Applicants for re-issuance of the LIDAR Instructor Certification shall have one opportunity to pass the prequalification skills assessment and the LIDAR Instructor comprehensive state examination. Should an applicant not achieve a passing score on either the prequalification skills assessment or the comprehensive state examination, the applicant shall complete the LIDAR Operator and LIDAR Instructor Course in its entirety.

(i) Applicants whose LIDAR Instructor Certification is suspended or revoked shall not qualify for re-issuance.

(j) The term of a LIDAR Instructor is three years from the date of issuance. All LIDAR Instructors seeking re-certification shall complete the re-certification course, as outlined in 12 NCAC 09B .0218, within 12 months of the expiration of the initial certification period. The 12-month period does not extend the instructor certification period.

(k) The North Carolina Justice Academy is the only Commission-accredited school authorized to administer the LIDAR Instructor and LIDAR Instructor Re-Certification Courses.

History

  • Authority G.S. 17C-6
  • Eff. May 1, 2004
  • Amended Eff. November 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2025; April 1, 2022.
12 NCAC 09B .0238 Certification and Re-Certification Training for Lidar Operators {#sec-12-ncac-09b-.0238 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0238}

(a) The Lidar Operator Training Course for law enforcement officers shall be designed to provide the student with the skills and knowledge to perform the function of a law enforcement lidar operator. This course shall be for a period not to exceed four consecutive weeks, and shall consist of a minimum of 30 hours of instruction and shall include the following topic areas and minimum hours for each:

(1) Course Orientation 0.5 Hours

(2) Introduction to Lidar Training 0.5 Hours

(3) Basic Principles of Lidar Speed Measurement 1 Hour

(4) Legal and Operational Considerations 1 Hour

(5) Familiarization and Operation of Specific Lidar Instruments 2 Hours

(6) Courtroom Preparation 1 Hour

(7) Motor-Skill Performance Testing 3 Hours

(8) Course Review 1 Hour

This course shall have a minimum ratio of one instructor per six students.

(b) To be eligible for enrollment in the Lidar Operator Training Course, applicants shall meet the following requirements at the time of enrollment:

(1) have completed a Commission-approved Basic Law Enforcement Training (BLET) Course, pursuant to 12 NCAC 09B .0205;

(2) hold active law enforcement certification; and

(3) hold active radar operator certification or be enrolled in a radar operator training course or a radar operator re-certification training course as outlined in 12 NCAC 09B .0212; or

(4) hold active radar instructor certification or be enrolled in a radar instructor training course or a radar instructor re-certification training course as outlined in 12 NCAC 09B .0210.

Sheriffs, deputy sheriffs, and federal law enforcement personnel, including armed forces personnel, who do not meet these requirements shall be allowed to participate in a Lidar Operator Training Course at the discretion of the school director.

(c) The Lidar Operator Re-Certification Training Course shall be designed to provide the law enforcement officer with the skills and knowledge to continue to perform the functions of a lidar operator. This course shall be presented within a period not to exceed one week and shall consist of a minimum of four hours of instruction, including the following topic areas and minimum hours for each:

(1) Course Orientation 0.5 Hours

(2) Legal and Operational Considerations 1 Hour

(3) Motor-Skill Performance Testing 2.5 Hours

This course shall have a minimum ratio of one instructor per six students.

(d) To be eligible for enrollment in the Lidar Operator Re-Certification Training Course, applicants shall meet the following requirements at the time of enrollment:

(1) hold active law enforcement certification;

(2) hold active lidar operator certification or have previously held active lidar operator certification within the 12 months prior to the scheduled end date of the course; and

(3) hold active radar operator certification or be enrolled in a radar operator training course or a radar operator re-certification training course as outlined in 12 NCAC 09B .0212.

Federal law enforcement personnel who do not meet these requirements shall be allowed to participate in a Lidar Operator Re-Certification Training Course at the discretion of the school director, but such personnel must have completed one introductory-level speed measurement instrument course that included instruction on the operation of lidar instruments. Courses that meet this requirement include those described in Paragraph (a) of this Rule and those described in 12 NCAC 09B .0242(a).

(e) If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional time to complete a specific course delivery beyond the time limits set forth in Paragraphs (a) and (c) of this Rule when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to this Section shall be posted on the CJETS website, https://ncdoj.gov/law- enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began or were in progress during the effective period of the State of Emergency.

History

  • Authority G.S. 17C-6
  • Eff. May 1, 2004
  • Amended Eff. November 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026; April 1, 2022.
12 NCAC 09B .0239 Re-Certification Training for Lidar Instructors {#sec-12-ncac-09b-.0239 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0239}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. May 1, 2004
  • Amended Eff. November 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff: October 1, 2025.
12 NCAC 09B .0240 Re-Certification Training Course for Lidar Operators {#sec-12-ncac-09b-.0240 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0240}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. May 1, 2004
  • Amended Eff. November 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09B .0241 Juvenile Justice specialized instructor training – RESTRAINTS, CONTROLS AND DEFENSIVE TECHNIQUES {#sec-12-ncac-09b-.0241 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0241}

(a) The instructor training course requirement for the Department of Public Safety, Division of Juvenile Justice Restraints, Controls and Defensive Techniques Specialized Instructor certification shall consist of at least 70 hours of instruction presented during a continuous period of not more than two weeks.

(b) Each Juvenile Justice Specialized Instructor Training – Restraints, Controls and Defensive Techniques course shall be designed to provide the trainee with the skills and knowledge to perform the function of the Juvenile Justice Restraints, Controls and Defensive Techniques Instructor in the "Basic Training for Juvenile Justice Officers" course and the "Basic Training for Juvenile and Chief Court Counselors" courses, as well as in-service training courses for juvenile justice officers and juvenile and chief court counselors.

(c) Each applicant for enrollment in the Specialized Instructor Training – Restraints, Controls and Defensive Techniques course shall:

(1) Have completed the criminal justice general instructor training course; and

(2) Possess a valid CPR certification that includes cognitive and skills testing.

(d) Each Juvenile Justice Specialized Instructor Training – Restraints, Controls and Defensive Techniques course shall include the following identified topical areas:

(1) Orientation;

(2) Introduction to Restraints, Controls and Defensive techniques;

(3) Physical Fitness/Warm-Up and Stretching Exercises;

(4) Response to Injury;

(5) Restraints, Controls and Defensive Techniques Basic Techniques;

(6) Restraint Applications; and

(7) RCDT Program Student Evaluation and Testing

(e) The Commission-certified school that is certified to offer the Juvenile Justice Specialized Instructor Training – Restraints, Controls and Defensive Techniques course is the Office of Staff Development and Training of the North Carolina Department of Public Safety.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Eff. December 1, 2004
  • Amended Eff. May 1, 2014
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09B .0242 Certification and Re-Certification Training for Radar and Lidar Operators {#sec-12-ncac-09b-.0242 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0242}

(a) The Radar/Lidar Operator Training Course for law enforcement officers shall be designed to provide the student with the skills and knowledge to perform the function of a radar and lidar operator. This course shall be for a period not to exceed four consecutive weeks, and shall consist of a minimum of 36 hours of instruction and shall include the following topic areas and minimum hours for each:

(1) Course Orientation 0.5 Hours

(2) Introduction to Radar/Lidar Training 0.5 Hours

(3) Speed Offenses and Speed Enforcement 2 Hours

(4) Basic Principles of Radar/Lidar Speed Measurement 6 Hours

(5) Legal and Operational Considerations 5 Hours

(6) Familiarization and Operation of Specific Radar and Lidar Instruments 12 Hours

(7) Courtroom Preparation 4 Hours

(8) Motor-Skill Performance Testing 5 Hours

(9) Course Review 1 Hour

This course shall have a minimum ratio of one instructor per six students.

(b) Only those individuals currently certified as a law enforcement officer or appointed personnel of a law enforcement agency may be enrolled in the Radar/Lidar Operator Training Course. Sheriffs, deputy sheriffs, and federal law enforcement personnel, including armed forces personnel, shall be allowed to participate in a Radar/Lidar Operator Training Course at the discretion of the school director without having enrolled in or having completed the basic law enforcement training course, pursuant to 12 NCAC 09B .0205, and without being currently certified in a probationary status or holding general law enforcement certification.

(c) The Radar/Lidar Operator Re-Certification Training Course shall be designed to provide the law enforcement officer with the skills and knowledge to continue to proficiently perform the function of a radar and lidar operator. This course shall be presented within a period not to exceed one week and shall consist of a minimum of eight hours of instruction, including the following topic areas and minimum hours for each:

(1) Course Orientation 0.5 Hours

(2) Legal and Operational Considerations 2.5 Hours

(3) Motor-Skill Performance Testing 5 Hours

This course shall have a minimum ratio of one instructor per six students.

(d) To be eligible for enrollment in the Radar/Lidar Operator Re-Certification Training Course, applicants shall meet the following requirements at the time of enrollment:

(1) hold active radar operator certification or have previously held active radar operator certification within 12 months prior to the scheduled end date of the course; and

(2) hold active lidar operator certification or have previously held active lidar operator certification within the 12 months prior to the scheduled end date of the course.

Federal law enforcement personnel who do not meet these requirements shall be allowed to participate in a Radar/Lidar Operator Re-Certification Training Course at the discretion of the school director, but such personnel must have completed one or more introductory level speed measurement instrument courses that included instruction on operation of radar instruments and lidar instruments. Courses that meet this requirement include those described in Paragraph (a) of this Rule, 12 NCAC 09B .0212(a), and 12 NCAC 09B .0238(a).

(e) If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional time to complete a specific course delivery beyond the time limits set forth in Paragraphs (a) and (c) of this Rule when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to this Section shall be posted on the CJETS website, https://ncdoj.gov/law- enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began or were in progress during the effective period of the State of Emergency.

History

  • Authority G.S. 17C-6
  • Eff. November 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026; April 1, 2022.
12 NCAC 09B .0243 Re-Certification Training Course for Radar/Lidar Operators {#sec-12-ncac-09b-.0243 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0243}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. November 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09B .0244 Certification Training for Radar/Time-Distance/Lidar Operators {#sec-12-ncac-09b-.0244 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0244}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. November 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. April 1, 2022
  • Repealed Eff. February 1, 2026.
12 NCAC 09B .0245 Re-Certification Training Course for Radar/Time-Distance/Lidar Operators {#sec-12-ncac-09b-.0245 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0245}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. November 1, 2007
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09B .0301 Certification of Instructors {#sec-12-ncac-09b-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0301}

(a) A person participating in a Commission-certified criminal justice training course or program as an instructor, teacher, professor, lecturer, or other participant making presentations to the class shall first be certified by the Commission as an instructor.

(b) The Commission shall certify instructors under the following categories: General Instructor Certification, Specialized Instructor Certification, or Professional Lecturer Certification as outlined in Rules .0302, .0304 and .0306 of this Section. Instructor certification shall be granted on the basis of documented qualifications of experience, education, and training in accordance with the requirements of this Section and as stated on the applicant's Application for Instructor or Professional Lecturer Certification, F-12. The Application for Instructor or Professional Lecturer F-12 shall contain:

(1) name of applicant/instructor;

(2) address, phone, email address, date of birth, age, last four of Social Security Number, and Acadis number;

(3) current agency/firm, status (Retired, Civilian, Sworn), agency address, and business phone number;

(4) type of instructor certification applying for;

(5) supporting documents for specific certification sought;

(6) highest education level, school attended, school location, and graduation date;

(7) criminal justice experience;

(8) signature of applicant/instructor;

(9) school, course title, hours taught, course date(s) and whether course was a requirement of Mandatory In-Service Training; and

(10) signature of certifying School Director or In-Service Training Coordinator, school or agency, phone number, and email address.

(c) In addition to all other requirements of this Section, each instructor certified by the Commission to teach in a Commission-certified course shall remain competent in his or her specialized areas. Such competence shall include remaining current in the instructor's area of expertise, which shall be demonstrated by attending and completing all updated instructor training courses required by the Commission.

(d) If a person certified as an instructor by the Commission has knowingly and willfully violated any provision or requirement of the rules in this Subchapter, the Commission shall take action to correct the violation and to ensure that the violation does not recur. The following action shall be taken by the Commission:

(1) issue an oral warning and request for compliance; or

(2) issue a written warning and request for compliance; or

(3) issue an official written reprimand; or

(4) suspend the individual's certification for no more than three years; or

(5) revoke the individual's certification.

(e) The Commission shall deny, suspend, or revoke an instructor's certification when the Commission finds that the person:

(1) has failed to meet and maintain any of the requirements for qualification;

(2) has failed to remain competent in the person's areas of expertise;

(3) has failed to deliver training in a manner consistent with the instructor lesson plans outlined in the Rules .0209 and .0205 of this Subchapter;

(4) has demonstrated "unprofessional personal" conduct in the delivery of Commission approved or mandated training. For the purposes of this Subparagraph, unprofessional personal conduct is identified as:

(A) job-related conduct that constitutes a violation of state or federal law;

(B) a conviction or commission of a criminal offense, as set out in 12 NCAC 09A .0204;

(C) the willful violation of rules of this Chapter;

(D) conduct that is detrimental to instruction in the Commission's mandated courses. Conduct is "detrimental to instruction" if the conduct is demeaning or disruptive to the learning environment;

(E) the physical or verbal abuse of a client or student who the instructor is teaching or supervising; or

(F) falsification of an instructor application or other employment documentation;

(5) is an instructor, School Director, or Qualified Assistant and is involved in the instruction of (for instructors) or oversight of (for School Directors and Qualified Assistants) a student with whom the instructor, School Director, or Qualified Assistant has a close personal relationship such as, familial, financial, dating, or sexual, even if consensual; and fails to take immediate and appropriate corrective action. Appropriate corrective action requires the instructor, School Director, or Qualified Assistant to notify his or her managing personnel in writing of the relationship and requires the instructor, School Director, or Qualified Assistant to stop instructing or overseeing the student with whom the relationship exists. The written notice to managing personnel shall be submitted to the Criminal Justice Standards Division within 10 days upon receipt and shall include:

(A) school/agency name;

(B) name of course;

(C) name of instructor, School Director, or Qualified Assistant;

(D) name of student;

(E) name of managing personnel;

(F) nature of the relationship; and

(G) explanation of action taken to ensure the named instructor, School Director, or Qualified Assistant is not in violation of this Rule;

(6) has knowingly and willfully obtained or attempted to obtain instructor certification by deceit, fraud, or misrepresentation;

(7) has failed to meet or maintain good moral character as defined in: In re Willis, 288 N.C. 1, 215 S.E.2d 771, appeal dismissed, 423 U.S. 976 (1975); State v. Harris, 216 N.C. 746, 6 S.E.2d 854 (1940); In re Legg, 325 N.C. 658, 386 S.E. 2d 174 (1989); In re Applicants for License, 143 N.C. 1, 55 S.E. 635 (1906); In re Dillingham, 188 N.C. 162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E.2d 647 (1983); and later court decisions that cite these cases as authority, and as required to discharge the duties of a criminal justice instructor;

(8) has failed to deliver training in a manner consistent with the Qualified Retired Law Enforcement Officers Firearms Qualification Certification Program as found in 12 NCAC 09H .0102;

(9) has knowingly and willfully aided or attempted to aid any person in obtaining qualification or certification under the Qualified Retired Law Enforcement Officers Firearms Qualification Certification Program by deceit, fraud, or misrepresentation;

(10) has committed or been convicted of an offense that could result in the denial, suspension, or revocation of an officer's law enforcement certification, pursuant to 12 NCAC 09G .0504; or

(11) has knowingly made a material misrepresentation of any information required for certification or accreditation.

(f) When a person certified as a criminal justice officer by the North Carolina Criminal Justice Education and Training Standards Commission (Commission), or the North Carolina Company/Campus Police Program, has been denied certification or had his or her certification suspended or revoked by a North Carolina, out of state or federal approving, certifying or licensing agency, the certified criminal justice officer shall report the suspension or revocation to the Criminal Justice Standards Division within five days.

(g) Any instructor whose criminal justice officer certification or power to make arrests is suspended or revoked by the federal government, State of North Carolina or any subdivisions thereof, or by any other State or any subdivisions thereof, shall report the suspension or revocation to the Commission within five days of the officer's receipt of notice of the revocation or suspension.

(h) Criminal justice officers certified as a General Instructor as outlined in this Rule shall have their general instructor certification automatically suspended or revoked for the same time period as his or her respective Commission criminal justice certification. The suspension or revocation of the general instructor certification shall also include suspension or revocation to any Commission recognized specialized or additional instructor certification, as outlined in Rule .0304 of this Section.

(i) Any applicant for instructor certification whose criminal justice officer certification or power to make arrests has been denied, suspended, or revoked at any time by the federal government, State of North Carolina or any subdivisions thereof, or by any other State or any subdivisions thereof, shall report the suspension or revocation to the Commission at the time the application is submitted. This requirement is not withstanding any subsequent reinstatement of the certification or power to make arrests.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. December 1, 2018; October 1, 2017; October 1, 2009; August 1, 2004; April 1, 1999; July 1, 1991; January 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. March 1, 2024; October 1, 2020; August 1, 2019.
12 NCAC 09B .0302 General Instructor Certification {#sec-12-ncac-09b-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0302}

(a) A General Instructor Certification issued after December 31, 1984, shall be limited to those topics that are not expressly incorporated under the Specialized Instructor Certification category. Individuals certified under the general instructor category shall not teach any of the subjects specified in Rule .0304 of this Section, entitled "Specialized Instructor Certification." To qualify for issuance of Probationary Instructor Certification, an applicant shall demonstrate a combination of education and experience in criminal justice and proficiency in the instructional process by meeting the following requirements:

(1) Present documentary evidence showing that the applicant:

(A) is a high school, college, or university graduate or has received a high school equivalency credential as recognized by the issuing state; and

(B) has acquired four years of practical experience as a Criminal Justice Officer, an administrator or specialist in a field related to the criminal justice system, or as an employee of a Criminal Justice Agency;

(2) Present evidence showing completion of a Commission-accredited instructor training program or an equivalent instructor training course.

(3) Achieve a passing score on the comprehensive written examination administered by the Commission, as required by Rule .0413(d) of this Subchapter.

(b) Applications for Probationary Instructor Certification shall be submitted to the Standards Division within 60 days of the date the applicant passed the State comprehensive examination administered at the conclusion of the Commission-accredited instructor training program.

(c) Persons having completed a Commission-accredited training course and not having submitted the application within 60 days of the date the applicant passed the State comprehensive examination shall complete a subsequent Commission-accredited instructor training course in its entirety by completing the requirements in Paragraph (a) of this Rule.

(d) Out-of-State applicants having completed an equivalent instructor training course and who are certified or have been certified within two years prior to the submission of application to the Standards Division as an instructor in a Criminal Justice Program, as verified by the respective State Police Officer Standards and Training (POST) or Federal Law Enforcement Training Center FLETC or military POST organization, are eligible to apply for Probationary Instructor Certification upon achieving a passing score of 75 percent on the comprehensive written examination administered by the Commission, as required by Rule .0413(d) of this Subchapter. The application shall be submitted to the Standards Division within 60 days of the date the applicant passed the State comprehensive examination.

(e) The Standards Division staff shall evaluate the out-of-state applicant's combined training and experience to determine if the combined training and experience is equivalent to or exceeds the requirements for Probationary Instructor certification as prescribed in Subparagraphs (a)(1) and (2) of this Rule and includes course topics in instructional leadership, liability, teaching adults, presentation styles, and written lesson plan preparation.

(f) Applicants for Speed Measuring Instrument Instructor courses shall possess probationary or General Instructor Certification.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. October 1, 2017; January 1, 2017; February 1, 2016; January 1, 2015; January 1, 2006; May 1, 2004; August 1, 2000; July 1, 1991; December 1, 1987; October 1, 1985; January 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2020.
12 NCAC 09B .0303 Terms and Conditions of General Instructor Certification {#sec-12-ncac-09b-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0303}

(a) An applicant meeting the requirements for certification as a general instructor shall be in probationary status for a period not to exceed 12 months, until satisfying the requirements of Paragraph (b) of this Rule.

(b) The probationary instructor shall be eligible for general instructor certification if the instructor submits to the Commission the following forms:

(1) a Form F-12, pursuant to 12 NCAC 09B .0301, signed by a certified School Director of In-Service Training Coordinator, indicating a favorable recommendation; and

(2) a Form F-16, Commission Instructor Evaluation Form, pursuant to 12 NCAC 09B .0202 indicating the Instructor taught a minimum of eight hours of Commission-accredited basic training, Commission-recognized in-service training course, or training course pursuant to 12 NCAC 10B .0601, 12 NCAC 10B .1302, or 12 NCAC 10B .2005, during the probationary period. The Instructor shall achieve a minimum of 64 points on all instruction evaluations submitted to the Commission.

(c) Probationary Instructors may request an extension of up to one year to teach the eight hour minimum requirement. The Director may grant the requested extension for just cause based upon the circumstances that created the need for an extension. For purposes of this Rule, "just cause" includes an accident, illness, emergency, or course cancellation that precluded the instructor from fulfilling the teaching requirement.

(d) The term of certification as a General Instructor is indefinite, provided the instructor completes during each calendar year a minimum of one hour of instructor refresher training provided by North Carolina Justice Academy. Probationary instructors and general instructors earning their initial certification are not required to complete this training in the year they are awarded their certification.

(e) If an instructor fails to meet the requirements of Paragraph (d) of this Rule, the certification period for the instructor shall cease, and the instructor shall be required to complete the requirements of Rule .0302 of this Section in order to obtain probationary instructor status.

(f) The use of guest participants in a delivery of the Basic Law Enforcement Training Course is permissible. However, such guest participants shall be supervised on-site by a Commission-certified instructor and must be authorized by the School Director. A guest participant shall only be used to complement the primary certified instructor of the block of instruction and shall not replace the primary instructor.

(g) "Commission-recognized in-service training" shall mean training meeting the following requirements:

(1) training is taught by an instructor certified by the Commission;

(2) training utilizes a lesson plan in the Instructional Systems Design format; and

(3) completion of training shall be demonstrated by a passing score on a written test as follows:

(A) a written test comprised of at least five questions per credit shall be developed by the agency or the North Carolina Justice Academy for each in-service training topic requiring testing. Written courses that are more than four credits in length are required to have a written test comprising of a minimum of 20 questions. The Firearms Training and Qualifications In-Service Course is exempt from this written test requirement;

(B) a student shall pass each test by achieving at least 70 percent correct answers; and

(C) a student who completes a topic of in-service training in a traditional classroom setting or online and fails the end of topic exam shall be given one attempt to re-test. If the student fails the exam a second time, the student shall complete the in-service training topic in a traditional classroom setting before taking the exam a third time.

(D) Topics delivered pursuant to 12 NCAC 09E .0104(1) shall not require written testing.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. January 1, 2017; December 1, 2007; November 1, 2007; August 1, 2006; January 1, 2006; August 1, 2000; July 1, 1991; October 1, 1985; January 1, 1985; January 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2025; July 1, 2020; August 1, 2019.
12 NCAC 09B .0304 Specialized Instructor Certification {#sec-12-ncac-09b-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0304}

(a) The Commission shall issue a Specialized Instructor Certification to an applicant who has developed specific motor skills and abilities by virtue of special training and demonstrated experience in one or more of the following topical areas:

(1) Compliance and Control Tactics;

(2) First Responder;

(3) Firearms;

(4) Law Enforcement Driver Training;

(5) Physical Fitness;

(6) Restraint, Control and Defense Techniques (Department of Public Safety, Division of Juvenile Justice);

(7) Medical Emergencies (Department of Public Safety, Division of Juvenile Justice);

(8) Explosive and Hazardous Materials Emergencies; or

(9) Standardized Field Sobriety Testing.

(b) To qualify for and maintain Specialized Instructor Certification in topical areas in Subparagraph (a)(1) through (a)(8) of this Rule, an applicant shall possess a valid CPR Certification that includes cognitive and skills testing, through the American Red Cross, American Heart Association, American Safety and Health Institute, or National Safety Council.

(c) An applicant shall achieve a minimum score of 75 percent on the comprehensive written exam, as specified in Rule .0414 of this Subchapter, in order to qualify for Specialized Instructor Certification in the following topical areas:

(1) Compliance and Control Tactics;

(2) Firearms;

(3) Law Enforcement Driver Training;

(4) Physical Fitness; and

(5) Explosive and Hazardous Materials Emergencies.

(d) To qualify for Specialized Instructor Certification in the Compliance and Control Tactics topical area, an applicant shall meet the following requirements:

(1) Hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section:

(2) Complete the Commission-approved specialized instructor course; and

(3) Obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(e) To qualify for Specialized Instructor Certification in the First Responder topical area, an applicant shall satisfy one of the following two options:

(1) The first option is:

(A) Hold CPR instructor certification through the American Red Cross, American Heart Association, American Safety and Health Institute, or National Safety Council;

(B) Hold, or have held, basic Emergency Medical Technician certification;

(C) Have completed the Department of Transportation's 40 hour EMT Instructor Course or equivalent within the last three years or hold a North Carolina Professional Educator's License, issued by the Department of Public Instruction; and

(D) Obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(2) The second option is:

(A) Hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section;

(B) Hold CPR instructor certification through the American Red Cross, American Heart Association, American Safety and Health Institute or National Safety Council;

(C) Hold, or have held, basic EMT certification; and

(D) Obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(f) To qualify for Specialized Instructor Certification in the Firearms topical area, an applicant shall meet the following requirements:

(1) Hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section;

(2) Complete the instructor training course for Specialized Firearms Instructor Training Certification as specified in Rule .0209 of this Subchapter; and

(3) Obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(g) To qualify for Specialized Instructor Certification in the Law Enforcement Driver Training topical area, an applicant shall meet the following requirements:

(1) Hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section;

(2) Complete the instructor training course for Specialized Driver Instructor Certification as specified in Rule .0227 of this Subchapter; and

(3) Obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(h) To qualify for Specialized Instructor Certification in the Physical Fitness topical area, an applicant shall become certified through one of the following two methods:

(1) The first method is:

(A) hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section;

(B) complete the instructor training course required for Specialized Physical Fitness Instructor Certification as specified in Rule .0233 of this Subchapter; and

(C) obtain the recommendation of a Commission-certified School Director.

(2) The second method is:

(A) Complete the instructor training course required for Specialized Physical Fitness Instructor Certification as specified in Rule .0233 of this Subchapter;

(B) obtain the recommendation of a Commission-certified School director or in-service training coordinator; and

(C) meet one of the following qualifications:

(i) hold a valid North Carolina Professional Educator's License, issued by the Department of Public Instruction, and hold a baccalaureate degree in physical education, or

(ii) be presently instructing physical education topics in a community college, college, or university and hold a baccalaureate degree in physical education.

(i) To qualify for Specialized Certification in the Standardized Field Sobriety Testing topical area, an applicant shall:

(1) Be certified by the North Carolina Department of Health and Human Services, Forensic Test for Alcohol Branch, as a Standardized Field Sobriety Instructor.

(2) Obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(j) To qualify for Specialized Instructor Certification in the Department of Public Safety, Division of Juvenile Justice Restraint, Control and Defense Techniques topical area, an applicant shall meet the following requirements:

(1) Hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section;

(2) Complete the instructor training course for the Department of Public Safety, Division of Juvenile Justice Restraints, Controls and Defensive Techniques Specialized Instructor Certification as specified in Rule .0241 of this Subchapter; and

(3) Obtain the recommendation of a Commission-certified school director.

(k) To qualify for Specialized Instructor Certification in the Department of Public Safety, Division of Juvenile Justice Medical Emergencies topical area, an applicant shall meet the following requirements:

(1) Have completed a Commission-certified basic instructor training course or an equivalent instructor training course, pursuant to Rule .0302 of this Section, utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise;

(2) Hold instructor certification in CPR and First Aid by the American Red Cross, American Heart Association, American Safety and Health Institute, or National Safety Council; and

(3) Obtain the recommendation of a Commission-certified school director.

(l) To qualify for Specialized Instructor Certification in the Explosive and Hazardous Materials Emergencies topical area, an applicant shall satisfy one of the following two options:

(1) The first option is:

(A) hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section;

(B) Complete the instructor training course for Specialized Explosives and Hazardous Materials Instructor Certification as specified in Rule .0417 of this Subchapter; and

(C) obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(2) The second option is:

(A) have completed the Fire Service Instructor Methodology Course or the equivalent utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise;

(B) Complete the instructor training course for Specialized Explosives and Hazardous Materials Instructor Certification as specified in Rule .0417 of this Subchapter; and

(C) obtain the recommendation of a Commission-certified school director or in-service training coordinator.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2000; July 1, 1991; March 1, 1990; July 1, 1989; December 1, 1987
  • Temporary Amendment Eff. January 1, 2001
  • Amended Eff. January 1, 2015; June 1, 2013; April 1, 2009; August 1, 2006; January 1, 2006; December 1, 2004; August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2025.
12 NCAC 09B .0305 Terms and Conditions of Specialized Instructor Certification {#sec-12-ncac-09b-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0305}

(a) An applicant meeting the requirements for Specialized Instructor Certification as set forth in Rule .0304 of this Section shall be issued a certification to expire three years from the date of issuance.

(b) The applicant shall apply for certification as a Specialized Instructor within 60 days after the date the applicant achieved a passing score on the state comprehensive exam for the respective Specialized Instructor training course.

(c) The instructor is required to instruct, within three years after Specialized Instructor Certification is issued, a minimum of 12 hours in each of the topics for which Specialized Instructor Certification was granted. The instruction shall be provided in a Commission-approved basic training, Specialized Instructor Training, Commission-recognized in-service training course, or training course delivered pursuant to 12 NCAC 10B .0601, .1302, or .2005.

(d) An application for certification renewal shall contain, in addition to the requirements listed in Rule .0304 of this Section, documentary evidence that the applicant has remained active in the instructional process during the previous three-year period. Such documentary evidence shall include the following:

(1) proof that the applicant has, within the three-year period preceding application for renewal, instructed at least 12 hours in each of the topics for which Specialized Instructor Certification was granted, and that instruction was provided in a Commission-approved basic training, Specialized Instructor Training, Commission-recognized in-service training course, or training course delivered pursuant to 12 NCAC 10B .0601, .1302, or .2005. Acceptable documentary evidence shall include official Commission records submitted by School Directors or In-Service Training Coordinators and written attestation from a School Director or In-Service Training Coordinator;

(2) proof that the applicant has, within the three-year period preceding application for renewal, attended and completed all instructor updates that have been issued by the Commission. Acceptable documentary evidence shall include official Commission records submitted by School Directors or In-Service Training Coordinators, or copies of certificates of completion issued by the institution which provided the instructor updates;

(3) a favorable written recommendation from a School Director or In-Service Training Coordinator completed on an Application for Instructor and Professional Lecturer Certification Form (Form F-12), pursuant to 12 NCAC 09I .0101(a)(1), stating the instructor taught at least 12 hours in each of the topics for which Specialized Instructor Certification was granted. The teaching shall have been provided in a Commission-approved basic training, Specialized Instructor Training course, pursuant to Rule 12 NCAC 09C .0401, Commission-recognized in-service training course, or training course delivered pursuant to 12 NCAC 09F .0101, 12 NCAC 09H, 12 NCAC 10B .0601, .1302, or .2005;

(4) a favorable written evaluation by a School Director, Qualified Assistant, In-Service Training Coordinator, or another Specialized Instructor certified in the same specialized subject, based on an on-site classroom evaluation of a presentation by the instructor in a Commission-approved basic training, Specialized Instructor Training, Commission-recognized in-service training course, or in-service training course delivered pursuant to 12 NCAC 10B .0601, .1302, or .2005 during the three-year period of Specialized Instructor Certification. Such evaluation shall be presented on a Criminal Justice Instructor Evaluation Form F-16, pursuant to Rule .0202 of this Subchapter, and 12 NCAC 09I .0101(a)(2);

(5) proof that the individual applying for renewal as a Specialized Firearms Instructor has achieved a minimum score of 92 on the day and night Basic Law Enforcement Training firearms qualification courses, administered by a certified Specialized Firearms Instructor, within the three-year period preceding the application for renewal;

(6) proof that the individual applying for renewal as a Specialized Physical Fitness Instructor has passed the Basic Law Enforcement Training Police Officer Physical Abilities Test, administered by a certified Specialized Physical Fitness Instructor, within the three-year period preceding the application for renewal;

(7) proof that the individual applying for renewal as a Specialized Driver Instructor has achieved the following minimum scores Instructor within the three-year period preceding the application for renewal. The individual applying for renewal must achieve a minimum score of 85 on two out of three attempts for the "Off-Set Lane Maneuver" and "Serpentine" courses during the daytime, a minimum score of 85 on two out of three attempts for the "Precision" course during both day and night evaluation, a score of "Pass" on two out of three attempts for each command for the "Evasive Action/Maneuver" course during the daytime, and a score of Pass on two out of three attempts in each direction for the "Fixed Radius Curve" course during the daytime. Evaluations shall be administered by a certified Specialized Driving Instructor;

(8) proof that the individual applying for renewal as a Specialized Compliance and Control Techniques Instructor (CCT) has satisfactorily completed the technique evaluations skills of the Basic Law Enforcement Training CCT course, administered by a certified Specialized CCT Instructor, within the three-year period preceding the application for renewal; and

(9) Acceptable documentary evidence for proof of completion requirements as specified in Part (d)(3)-(8) of this Rule shall include the practical skill assessment submitted by School Directors or In-Service Training Coordinators and written attestation from a School Director or In-Service Training Coordinator.

(e) Certification as a Specialized Instructor in the Standard Field Sobriety Testing, First Responder, Physical Fitness, Explosive and Hazardous Materials, and Juvenile Justice Medical Emergencies topic areas as outlined in Rule .0304(e), (h), (k), and (l) of this Section shall remain in effect for 36 months from the date of issuance. During the 36 month term all non-Commission certificates required in Rule .0304(e), (h), (k), and (l) of this Section for Specialized Instructor certification in the Standard Field Sobriety Testing, First Responder, Physical Fitness, Explosive and Hazardous Materials, and Juvenile Justice Medical Emergencies topical areas shall be maintained.

(f) Individuals who hold Specialized Instructor certification may, for just cause, be granted an extension of the three-year period to teach the 12 hour minimum requirement, pursuant to Paragraph (b) of this Rule. The Director may grant such extensions on a one-time basis only not to exceed 12 months. For purposes of this Rule, just cause means accident, illness, emergency, course cancellation, or other exceptional circumstances which precluded the instructor from fulfilling the teaching requirement.

(g) Upon expiration of their Specialized Instructor certification, instructors have 90 days to submit renewal documentation to the Division for review and approval. During this 90-day period, instructors are not permitted to teach any Commission-approved courses or blocks of instruction that require instruction by a Specialized Instructor outlined in 12 NCAC 09B .0304(a). The Director may, for just cause, grant an extension of the 90-day period in which an instructor's renewal application must be submitted, however, such extension shall not exceed 12 months and shall not extend the instructor's certification period beyond its specified expiration period.

(h) Those individuals who have previously held Specialized Instructor Certification and have not exceeded a three year time period from when his or her Specialized Instructor Certification expired are eligible to apply for re-issuance of the previously held Specialized Instructor Certification. An application for re-issuance shall contain documentation that the applicant:

(1) holds a current General Instructor certification;

(2) has completed the pre-qualification skills assessment for that specialty;

(3) has passed the state examination for that specialty with a minimum score of 75; and

(4) has maintained non-Commission certificates required in Rule .0304(e), (h), (k), and (l) of this Section for Specialized Instructor certification in the Standard Field Sobriety Testing, First Responder, Physical Fitness, Explosive and Hazardous Materials, and Juvenile Justice Medical Emergencies topical areas, if applicable.

(i) Applicants for re-issuance of the Specialized Instructor Certification shall have one opportunity to pass the prequalification skills assessment and the state examination for that specialty. Should an applicant not achieve a passing score on either the prequalification skills assessment or the state examination for that specialty, the applicant shall complete the specific Specialized Instructor Course in its entirety.

(j) Applicants whose Specialized Instructor Certification is suspended or revoked shall not qualify for re-issuance.

(k) After re-issuance of certification, the instructor shall complete eight hours of evaluated instruction in the specialty where re-issuance of certification is sought, as documented on an F-16 Form located on the agency's website: https://ncdoj.gov/law-enforcement training/criminal-justice/forms-and-publications/. The eight hours of instruction shall be taught within 60 days of the Specialized Instructor Certification being reissued and evaluated by a Specialized Instructor certified in that specialty. Failure to complete the required eight hours of evaluated instruction will result in the reissued Specialized Instructor Certification being revoked.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. January 1, 2017; February 1, 2016; August 1, 2015; May 1, 2014; June 1, 2012; November 1, 2007; January 1, 2006; December 1, 2004; August 1, 2004; August 1, 2000; July 1, 1991; July 1, 1989; December 1, 1987; February 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026; January 1, 2025; May 1, 2023; January 1, 2022; January 1, 2020; August 1, 2019.
12 NCAC 09B .0306 Professional Lecturer Certification {#sec-12-ncac-09b-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0306}

(a) The Commission may issue Professional Lecturer Certification to a person in a profession, who, by virtue of academic degrees and professional expertise has developed special knowledge in one or more of the following areas:

(1) Law

(2) Psychology

(3) Medicine

(b) To be eligible for such certification, an applicant shall:

(1) Have attained a degree from an institution of higher learning accredited by an accreditation agency recognized by the United States Department of Education in a subject listed in Paragraph (a) of this Rule;

(2) Obtain the endorsement of a Commission-recognized School Director or In-Service Training Coordinator who shall:

(A) recommend the applicant for certification as a professional lecturer; and

(B) describe the applicant's expected participation, topical areas, duties, and responsibilities in a delivery of Commission-certified training conducted by the school; and

(C) describe the attributes showing the applicant to be a beneficial contributor to the delivery or presentation in a Commission-certification training program.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. January 1, 2006; July 1, 1991; January 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09B .0307 Terms and Conditions of Professional Lecturer Certification {#sec-12-ncac-09b-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0307}

(a) Certification as a professional lecturer shall remain effective for 36 months from the date of issuance. The lecturer shall apply for re-certification at or before the end of the 36 month period.

(b) During the 36 month period of certification, a certified professional lecturer may participate in repetitions of the same training course or courses for which certification is granted so long as there are no changes therein which alter the topical areas, duties, and responsibilities of the lecturer.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. January 1, 2006; July 1, 1991; January 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09B .0308 Radar Instructor Certification and Re-Certification Requirements {#sec-12-ncac-09b-.0308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0308}

A person participating in a Commission-approved RADAR Operator or RADAR Instructor Training Course as an Instructor shall meet the following requirements for RADAR Instructor Certification:

(1) Initial Certification:

(A) must be employed or appointed as a law enforcement officer by a state or local law enforcement agency or be a federal law enforcement officer;

(B) if the applicant is a deputy sheriff, he/she must be in total compliance with the standards established by the North Carolina Sheriff's Education and Training Standards Commission;

(C) must hold Probationary or General Instructor Certification as required in 12 NCAC 09B .0302;

(D) must hold current RADAR Operator Certification pursuant to 12 NCAC 09C .0308;

(E) must complete the Commission-approved RADAR Instructor Training Course as required in 12 NCAC 09B .0210;

(F) obtain the recommendation of a Commission-certified school director or agency executive officer or their designee; and

(G) shall not instruct in any RADAR Instructor/Operator or RADAR Instructor/Operator Re-certification Courses until their Certification is received from the Commission.

(2) Re-certification:

(A) must hold current Probationary or General Instructor Certification as required in 12 NCAC 09B .0302;

(B) must hold current Radar Operator Certification, pursuant to 12 NCAC 09C .0308;

(C) must complete the Commission-approved RADAR Instructor Re-Certification Training Course, pursuant to 12 NCAC 09B .0210;

(D) must have been certified as a RADAR Instructor within the three years preceding the completion of the RADAR Instructor Re-Certification Course;

(E) has participated in the classroom instruction and motor skill performance testing in the RADAR Operator Training Course, pursuant to 12 NCAC 09B .0212, during the previous certification period; and

(F) obtain the recommendation of a Commission-certified school director, agency executive officer, or their designee.

(b) Those individuals who have previously held RADAR Instructor Certification and have not exceeded a six year time period from when his or her RADAR Instructor Certification expired are eligible to reapply for reissuance of the previously held RADAR Instructor Certification. An application for re-issuance shall contain documentation that the applicant:

(1) holds current Probationary or General Instructor Certification, pursuant to 12 NCAC 09B .0302;

(2) has completed the pre-qualification skills assessments;

(3) must complete the Commission-approved RADAR Instructor Re-Certification Training Course, pursuant to 12 NCAC 09B .0210;

(4) has passed the RADAR Instructor comprehensive state examination with a minimum score of 75; and

(5) has obtained the recommendation of a Commission-certified school director, agency executive or their designee.

(c) Applicants for re-issuance of the RADAR Instructor Certification shall have one opportunity to pass the prequalification skills assessment and the RADAR Instructor Comprehensive State Examination. Should an applicant not achieve a passing score on either the prequalification skills assessment or RADAR Instructor Comprehensive State Examination, the applicant shall complete the RADAR Operator and RADAR Instructor Course in its entirety.

(d) Applicants whose RADAR Instructor Certification is suspended or revoked shall not qualify for re-issuance.

(e) The term of a RADAR Instructor is three years from the date of issuance. All RADAR Instructors seeking re-certification shall complete the RADAR Instructor Re-certification Course, as outlined in 12 NCAC 09B .0218, within 12 months of the expiration of the initial certification period. The 12-month period does not extend the RADAR Instructor Certification period.

Note: If Time Distance speed measuring instruments are reinstated for use at any point between years 2026 and 2036, individuals who currently hold a RADAR Instructor Certification and have previously held a Time/Distance Instructor Certification will be grandfathered and eligible to reinstate their Time/Distance Instructor Certification.

History

  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted Eff. July 1, 1982
  • Amended Eff. January 1, 2006; April 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2025.
12 NCAC 09B .0309 Time-Distance Instructors {#sec-12-ncac-09b-.0309 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0309}

History

  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted Eff. July 1, 1982
  • Amended Eff. April 1, 1999; November 1, 1993; December 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
  • Repeal Eff. October 1, 2025.
12 NCAC 09B .0310 Terms and Conditions -- Smi Instructors {#sec-12-ncac-09b-.0310 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0310}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted Eff. July 1, 1982
  • Amended Eff. November 1, 2007; April 1, 1999; November 1, 1993; February 1, 1991; July 1, 1989; December 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Emergency Amendment Eff. May 5, 2020
  • Emergency Amendment Expired Eff. July 31, 2020
  • Repealed Eff: October 1, 2025.
12 NCAC 09B .0311 Certified Instructors Pre 7/1/82 {#sec-12-ncac-09b-.0311 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0311}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. July 1, 1982
  • Amended Eff. April 1, 1999
  • Repealed Eff. August 1, 2014.
12 NCAC 09B .0312 Instructor Certification Renewal {#sec-12-ncac-09b-.0312 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0312}

History

  • Authority G.S. 17C-6
  • Eff. March 1, 1990
  • Amended Eff. January 1, 2017; August 1, 2006; January 1, 2006; August 1, 2000; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repeal Eff. February 1, 2026.
12 NCAC 09B .0313 Certification and training for school resource officers {#sec-12-ncac-09b-.0313 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0313}

(a) A "School Resource Officer (SRO)" is defined as any law enforcement officer assigned to one or more public schools within a local school administrative unit, as defined in G.S. 115C-5(6), who works in a school at least 20 hours per week for more than 12 weeks per calendar year to assist with all of the following:

(1) School safety;

(2) School security;

(3) Emergency preparedness;

(4) Emergency response; and

(5) Any additional responsibilities related to school safety or security assigned by the officer's employer while the officer is acting as a School Resource Officer.

Any written memorandum of understanding between the local school administrative unit and the law enforcement agency governing the School Resource Officer shall be consistent with this Paragraph.

(b) Law enforcement officers assigned by their agency to perform duties as a School Resource Officer shall:

(1) have been issued general certification by the North Carolina Criminal Justice Education and Training Standards Commission as a law enforcement officer; and

(2) have until December 31, 2020, to complete the basic School Resource Officer Training course, if they are acting in the capacity of a School Resource Officer between October 1, 2018 and December 31, 2019. Any officer assigned as a School Resource Officer effective January 1, 2020 or later shall complete the School Resource Officer Training course pursuant to Paragraph (g) of this Rule, within one year after being assigned as a School Resource Officer. Law enforcement officers who previously completed the training pursuant to Paragraph (g) of this Rule and who have been continually assigned as an SRO pursuant to Paragraph (a) of this Rule shall be credited with completion of the basic School Resource Officer Training. Law enforcement officers who completed the training pursuant to Paragraph (g) of this Rule between October 1, 2018 and December 31, 2020 shall be credited with completion of the basic School Resource Officer Training course even if they were not assigned as an SRO pursuant to Paragraph (a) of this Rule as long as they comply with the annual SRO refresher training pursuant to Paragraph (g) of this Rule.

(c) A law enforcement officer assigned to one or more public schools within a local school administrative unit, who works in a school at least 20 hours per week for more than 12 weeks per calendar year and who has not completed the initial training as established by Paragraph (g) of this Rule shall not work in a school as a School Resource Officer until the officer has completed the initial training as established by Paragraph (g) of this Section.

(d) The agency head shall submit to the Criminal Justice Standards Division a Form F-20 Commission School Resource Officer Assignment Form for the person(s) selected to act as a School Resource Officer for the agency. The Form F-20 is located on the agency's website: https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/#91-114-wpfd-law-enforcement and must be completed in its entirety. The Commission School Resource Officer Assignment Form consists of the following:

(1) applicant's name;

(2) date of birth;

(3) social security number;

(4) name of agency and address;

(5) date awarded general certification;

(6) completion date of School Resource Officer training; and

(7) date assigned as a School Resource Officer.

(e) The term of certification as a School Resource Officer shall be indefinite, provided the School Resource Officer completes during each calendar year a one hour basic School Resource Officer refresher training authored by North Carolina Justice Academy. For School Resource Officers who complete the basic SRO training requirement in 2020 or earlier, this requirement shall be effective January 1, 2021. For SROs, this requirement shall be effective the year following the officer's successful completion of the basic School Resource Officer Training course. A certified School Resource Officer who has not completed the refresher training during a calendar year as established by this Rule shall not work in a school as a School Resource Officer until the officer has completed the required refresher training as established by this Rule. Any refresher training deficiency must be made up on or before January 31st of the following calendar year.

(f) Instructors who teach a basic SRO course in an in-person traditional classroom format will receive credit toward the completion of the basic SRO course requirement as required by this Rule, provided that they pass all tests required by the SRO Training Manual authored by the North Carolina Justice Academy. Instructors shall have their instruction documented by the Department Head or In-Service Training Coordinator once completed.

(g) The basic School Resource Officer Training course for law enforcement officers shall provide the trainee with the skills and knowledge to perform in the capacity of a School Resource Officer. The basic School Resource Officer Training Course authored by the North Carolina Justice Academy shall be used as the curriculum for this training course. Copies of this publication may be inspected at the office of the agency:

and may be obtained at the cost of printing and postage from the North Carolina Justice Academy at the following address:

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. October 1, 2018
  • Amended Eff. August 1, 2021; October 1, 2019.
12 NCAC 09B .0314 CERTIFICATION OF diversion investigators and supervisors {#sec-12-ncac-09b-.0314 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0314}

(a) The diversion training courses for investigators and supervisors shall provide the trainee with the skills and knowledge to perform the duties of a law enforcement Diversion Investigator or Supervisor. The diversion training course for investigators shall be 20 classroom hours delivered utilizing the Prescription Drug Diversion Investigator Certification Course developed by the North Carolina State Bureau of Investigation and North Carolina Justice Academy. The diversion training course for supervisors shall be administered in a four hour online training course utilizing the Prescription Drug Diversion Supervisor Certification Course developed by the North Carolina State Bureau of Investigation and North Carolina Justice Academy. To be certified as a Diversion Investigator or Diversion Supervisor the trainee shall complete the respective diversion training course and achieve a minimum score of 70 percent on the comprehensive written or online examination. The examination shall be an objective test covering the topic areas contained in the accredited course curriculum.

(b) Applications for Diversion Investigator or Diversion Investigator Supervisor Certification shall be submitted to the Standards Division within 60 days of the date the applicant passed the State comprehensive examination administered at the conclusion of the Commission-accredited diversion training program. Persons having completed the Commission-accredited diversion training course and not having submitted the application within 60 days of the date the applicant passed the State comprehensive examination shall complete a subsequent Commission-accredited diversion training course in its entirety.

(c) Only a Sheriff, deputy sheriff, or law enforcement officer certified or appointed through the North Carolina Criminal Justice Education and Training Standards or North Carolina Sheriffs' Education and Training Standards Commissions and employed by a law enforcement agency shall be enrolled in a diversion training course. A trainee shall not be certified as a Diversion Investigator or Diversion Supervisor until the Basic Law Enforcement Training course, pursuant to Rule .0205 of this Subchapter, has been completed with passing scores and probationary or general law enforcement certification has been granted as outlined in 12 NCAC 09C .0303, 12 NCAC 09C .0304, 12 NCAC 10B .0403 or 12 NCAC 10B .0404. Sheriffs and appointed deputy sheriffs shall be allowed to participate in the diversion training courses on a space available basis at the discretion of the Diversion Training Course School Director without having enrolled in, or having completed with passing scores, the Basic Law Enforcement Training course, pursuant to Rule .0205 of this Subchapter and 12 NCAC 09G .0411 and without being currently certified in a probationary status or holding justice officer certification.

(d) Special Agents with the North Carolina State Bureau of Investigation deemed Diversion Investigators as of July 1, 2019, shall be automatically granted certification under this Rule for a period of three years.

(e) The term of certification as a Diversion Investigator or Supervisor shall be three years. An application for renewal shall be received by the Criminal Justice Standards Division within 60 days prior to the current certification date and shall include the following:

(1) proof that the applicant completed the one hour Diversion Investigator or Diversion Supervisor refresher training as provided by the North Carolina Justice Academy, and

(2) a completed Diversion Investigator/Supervisor Application, Form F-22(LE).

(f) The "Diversion Training Courses" required for certification, authored by the North Carolina State Bureau of Investigation and published by the North Carolina Justice Academy, shall include the topic areas as outlined in G.S. 17C-6(a)(19) and is to be applied as the basic curriculum for the Diversion Training Courses for Diversion Investigator and Diversion Supervisors as administered by the Commission. Copies of this publication may be inspected at the office of the agency:

and obtained at cost from the Academy at the following address:

History

  • Authority G.S. 17C-6; 17E-4; 90-113.74E
  • Eff. February 1, 2020
  • Amended Eff. October 1, 2022; January 1, 2021.
12 NCAC 09B .0401 Time Requirement for Completion of Training {#sec-12-ncac-09b-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0401}

History

  • Status: repealed
  • Authority G.S. 17C-2; 17C-6; 17C-10; Eff. January 1, 1981
  • Amended Eff. October 1, 2016; August 1, 2015; January 1, 2015; January 1, 1995; March 1,
  • 1992; July 1, 1989; June 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. October 1, 2025.
12 NCAC 09B .0402 Waiver of Completion of Training {#sec-12-ncac-09b-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0402}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. March 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. October 1, 2025.
12 NCAC 09B .0403 Evaluation for Training Waiver {#sec-12-ncac-09b-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0403}

(a) The Standards Division staff shall evaluate each law enforcement officer's training and experience to determine if equivalent training has been completed as specified in Rule .0402(a) of this Section. Applicants for certification with prior law enforcement experience shall have been employed in a full-time, sworn law enforcement position in order to be considered for training evaluation under this Rule. Applicants for certification with a combination of full-time and part-time experience shall be evaluated on the basis of the full-time experience only. The determination of full time or part time is determined by the employing agency who submits the applicant's certification documents. For the purposes of this Rule, equivalent training is the topics of instruction successfully completed at a federal, military or out of state law enforcement training academy. The following criteria shall be used by Standards Division staff in evaluating a law enforcement officer's training and experience to determine eligibility for a waiver of training requirements:

(1) Persons having completed a Commission-accredited Basic Law Enforcement Training Course and not having been duly appointed and sworn as a law enforcement officer within one year of completion of the course shall complete a subsequent Commission-accredited Basic Law Enforcement Training Course, as prescribed in Rule .0405(a) of this Section, and shall achieve a passing score on the State Comprehensive Examination prior to obtaining probationary law enforcement certification, unless the Director determines that a delay in applying for certification was not due to inaction or fault on the part of the applicant, in which case the Director shall accept a Commission-accredited Basic Law Enforcement Training Course that is over one year old. The appointing agency shall request in writing the extension of the one year period, which shall not exceed 30 days from the first year anniversary of the passing of the State Comprehensive Examination;

(2) Out-of-state transferees shall be evaluated to determine the amount and quality of their training and experience. Out-of-state transferees shall not have a break in service exceeding three years. At a minimum, out-of-state transferees shall have two years' full-time, sworn law enforcement experience and have completed a basic law enforcement training course accredited by the transferring state. An individual's attendance at his or her basic law enforcement class shall not count towards the two years' full-time sworn law enforcement experience. Prior to employment as a certified law enforcement officer, out-of-state transferees shall complete with a passing score the employing agency's in-service firearms training and qualification program as prescribed in 12 NCAC 09E .0106. In addition, out-of-state transferees shall complete the Legal Unit in a Commission-accredited Basic Law Enforcement Training Course as prescribed in Rule .0205(b)(1) of this Subchapter and shall achieve a passing score on the State Comprehensive Examination within the 12 month probationary period;

(3) Persons who have completed a 369-hour Commission-accredited Basic Law Enforcement Training Course under guidelines administered beginning October 1, 1984, have been separated from a sworn position for over one year but less than three years, and who have had a minimum of two years' experience as a full-time, sworn law enforcement officer in North Carolina shall complete the Legal Unit in a Commission-accredited Basic Law Enforcement Training Course as prescribed in Rule .0205(b)(1) of this Subchapter and shall achieve a passing score on the State Comprehensive Examination within the 12 month probationary period. Prior to employment as a certified law enforcement officer, these persons shall complete with a passing score the employing agency's in-service firearms training and qualification program as prescribed in 12 NCAC 09E .0106;

(4) Persons who have completed a 396-hour Commission-accredited Basic Law Enforcement Training Course under guidelines administered beginning October 1, 1984, have been separated from a sworn position more than one year but less than five years and who have a minimum of two years' experience as a full-time, sworn law enforcement officer in North Carolina, who have not committed, as defined in 12 NCAC 09A .0103(5), or been convicted of a disqualifying criminal offense as listed in Rule .0111(a) of this Subchapter, and who have successfully completed the mandatory in-service training requirements pursuant to 12 NCAC 09E .0105 or 12 NCAC 10B .2005, with the exception of Firearms Training and Requalification, during each year the person was separated from a sworn position prior to employment as a certified law enforcement officer shall complete the topic areas within the following time frames:

(A) Prior to employment as a certified law enforcement officer, the person shall complete the appointing agency's in-service firearms training and qualification program as prescribed in 12 NCAC 09E .0106;

(B) Prior to employment as a certified law enforcement officer, the person shall achieve a passing score on the practical skills testing for the First Responder, Law Enforcement Driver Training, and Subject Control Arrest Techniques topics set forth in Rule .0205(b)(5) of this Subchapter. The person shall also successfully complete the Police Officer Physical Abilities Test. The practical skills testing and the Police Officer Physical Abilities Test may be completed either in a Commission-accredited Basic Law Enforcement Training Course or under the instruction of a Commission-certified instructor for that particular skill. The person shall also meet the requirements per Rule .0101 of this Subchapter; and

(C) Within 12 months of being issued probationary certification, the person shall complete the remaining topics in the legal unit of instruction in the Commission-accredited Basic Law Enforcement Training Course as set forth in Rule .0205(b)(1) of this Subchapter. The person shall achieve a passing score on the appropriate topic tests for each course. The person may undertake each of these legal unit topics of instruction either in a Commission-accredited Basic Law Enforcement Training Course or under the instruction of a Commission-certified instructor for that particular topic of instruction.

An individual's attendance at his or her basic law enforcement class shall not count towards the two years' full-time sworn law enforcement experience. Persons who meet the criteria of this Part shall be processed as a probationary certification and shall serve a one-year probationary period as defined in 12 NCAC 09C .0303;

(5) Persons who have been separated from a sworn position for over one year but less than three years who have had less than two years' experience as a full-time, sworn law enforcement officer in North Carolina shall complete a Commission-accredited Basic Law Enforcement Training Course, as prescribed in Rule .0405(a) of this Section, and achieve a passing score on the State Comprehensive Examination;

(6) Persons who have been separated from a sworn position for over three years who do not meet the criteria of Subparagraph (4) of this Paragraph shall complete a Commission-accredited Basic Law Enforcement Training Course, as prescribed in Rule .0405(a) of this Section, regardless of prior training or experience, and shall achieve a passing score on the State Comprehensive Examination;

(7) Persons who have been separated from a sworn law enforcement position during their probationary period after having completed a Commission-accredited Basic Law Enforcement Training Course and who have been separated from a sworn law enforcement position for more than one year shall complete a subsequent Commission-accredited Basic Law Enforcement Training Course and shall achieve a passing score on the State Comprehensive Examination;

(8) Upon reappointment to the same agency or appointment to another agency, persons who have been separated from a sworn law enforcement position during their probationary period after having completed a Commission-accredited Basic Law Enforcement Training Course shall be charged with the cumulative amount of time served during his initial or subsequent appointments and allowed the remainder of the probationary period to complete Commission requirements, but shall not be required to complete an additional Commission-accredited Basic Law Enforcement Training Course;

(9) Persons who have completed a minimum 160-hour basic law enforcement training program accredited by the North Carolina Criminal Justice Training and Standards Council under guidelines administered beginning on July 1, 1973, and continuing through September 30, 1978, and who have been separated from a sworn law enforcement position for over one year but less than two years shall complete the Legal Unit and the topical area entitled "Law Enforcement Driver Training" of a Commission-accredited Basic Law Enforcement Training Course as prescribed in Rule .0205(b)(1) and .0205(b)(5)(C) of this Subchapter and shall achieve a passing score on the State Comprehensive Examination within the 12 month probationary period;

(10) Persons who have completed a minimum 160-hour basic law enforcement training program accredited by the North Carolina Criminal Justice Training and Standards Council under guidelines administered beginning on July 1, 1973, and continuing through September 30, 1978, and have been separated from a sworn law enforcement position for two or more years shall complete a Commission-accredited basic training program, as prescribed in Rule .0405 of this Section, regardless of training and experience, and shall achieve a passing score on the State Comprehensive Examination;

(11) Persons who have completed a minimum 240-hour Commission-accredited Basic Law Enforcement Training Course under guidelines administered beginning October 1, 1978, and continuing through September 30, 1984, and have been separated from a sworn position over one year but less than three years shall complete the Legal Unit in a Commission-accredited Basic Law Enforcement Training Course as prescribed in Rule .0205(b)(1) of this Subchapter and shall achieve a passing score on the State Comprehensive Examination within the 12 month probationary period;

(12) Persons previously holding law enforcement certification in accordance with G.S. 17C-10(a) who have been separated from a sworn law enforcement position for over one year and who have not previously completed a minimum basic training program accredited by either the North Carolina Criminal Justice Training and Standards Council or the Commission shall complete a Commission-accredited Basic Law Enforcement Training Course, as prescribed in Rule .0405 of this Section, and shall achieve a passing score on the State Comprehensive Examination prior to employment;

(13) Individuals seeking certification with the Commission who have performed duties for the Federal Government as a Criminal Investigator (GS 1811) as defined in the Office of Personnel Management General Schedule, Qualification Standards (https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/1800/criminal-investigation-series-1811/), who have not had a break in service exceeding three years, shall be evaluated to determine the amount and quality of their training and experience. For the purposes of this Rule, equivalent training is the topics of instruction successfully completed at a federal, military, or out of state law enforcement training academy. The following criteria shall be used by Standards Division staff in Division staff in evaluating a law enforcement officer's training and experience to determine eligibility for a waiver of training requirements. At a minimum, individuals shall have two years' full-time, sworn law enforcement experience and have completed a basic law enforcement training course as required by their appointing federal agency. Prior to employment as a certified law enforcement officer, these individuals shall complete with a passing score the employing agency's in-service firearms training and qualification program as prescribed in 12 NCAC 09E .0106. These individuals shall complete the Basic Law Enforcement Training topics pursuant to 12 NCAC 09B .0205(b)(1)(A), (b)(1)(C), (b)(1)(D), (b)(1)(F), (b)(2)(A), (b)(2)(C), (b)(2)(E), (b)(2)(F), (b)(2)(I), (b)(3)(B), (b)(3)(D), (b)(4)(E), (b)(5)(A), (b)(6)(A), (b)(6)(B), (b)(6)(C), and shall achieve a passing score on the State Comprehensive Examination pursuant to 12 NCAC 09B .0406 within the 12 month probationary period. Individuals who submit to the Commission documentation of completion of training equivalent to the topics set forth in 12 NCAC 09B .0205(b)(2)(A), (b)(2)(C), (b)(2)(E), (b)(2)(F), (b)(2)(I), (b)(3)(B), (b)(3)(D), (b)(4)(E), (b)(5)(A), (b)(6)(A), (b)(6)(B), and (b)(6)(C) shall not be required to complete those topics;

(14) Federal law enforcement transferees other than those listed in Subparagraph (a)(13) of this Rule who have not had a break in service exceeding three years shall be evaluated to determine the amount and quality of their training and experience. At a minimum, federal law enforcement officers shall have two years' full-time, sworn law enforcement experience and have completed a basic law enforcement training course as required by their appointing federal agency. Prior to employment as a certified law enforcement officer, transferees shall complete with a passing score the employing agency's in-service firearms training and qualification program as prescribed in 12 NCAC 09E .0106. At a minimum, transferees shall complete the Legal Unit in a Commission-accredited Basic Law Enforcement Training Course as prescribed in Rule .0205(b)(1) of this Subchapter and shall achieve a passing score on the State Comprehensive Examination within 12 month probationary period;

(15) Applicants with part-time experience who have a break in service in excess of one year shall complete a Commission-accredited Basic Law Enforcement Training Course, as prescribed in Rule .0405 of this Section, and shall achieve a passing score on the State Comprehensive Examination prior to employment;

(16) Applicants who hold or previously held certification issued by the North Carolina Sheriffs' Education and Training Standards Commission (Sheriffs' Commission) shall be subject to evaluation based on the applicant's active or inactive certification status with the Sheriffs' Commission and the standards contained in Parts (A) through (D) of this Subparagraph. A deputy sheriff certified with the Sheriffs' Commission shall be considered active if he or she has been employed in a full-time, sworn law enforcement position during the previous 12 months. A deputy sheriff certified with the Sheriffs' Commission shall be considered inactive if he or she has not been employed in a full-time, sworn law enforcement position during the previous 12 months.

(A) The Standards Division shall issue certification to an applicant holding active general certification with the Sheriffs' Commission provided that the applicant:

(i) Does not have a break in service of greater than 12 months;

(ii) Has completed the mandatory in-service training requirements pursuant to 12 NCAC 10B .2005 for each year certification was held; and

(iii) Held active status with the Sheriffs' Commission within 12 months of the date the applicant achieved a passing score on the Basic Law Enforcement Training State Comprehensive Examination.

(B) The Standards Division shall issue certification to an applicant holding inactive certification with the Sheriffs' Commission provided that the applicant:

(i) Holds inactive probationary or general certification with the Sheriffs' Commission;

(ii) Has served a minimum of 24 months of full time sworn service or does not have a break in service of greater than 12 months;

(iii) Has completed the mandatory in-service training requirements pursuant to 12 NCAC 10B .2005, with the exception of Firearms Training and Requalification; and

(iv) Held active status with the Sheriffs' Commission within 12 months of the date the applicant achieved a passing score on the Basic Law Enforcement Training State Comprehensive Examination.

(C) An applicant awarded certification with the Sheriffs' Commission by means of the Sheriffs' Standards BLET Challenge as prescribed in 12 NCAC 10B .0505(6)(b) shall meet the following requirements in order to obtain probationary certification from the Commission:

(i) Have a minimum of 24 months of sworn, full-time law enforcement service;

(ii) Not have a break in service of greater than 12 months; and

(iii) Have completed all mandatory in-service requirements pursuant to 12 NCAC 10B .2005 during the previous two years.

(D) An applicant who is a criminal justice officer, as defined in G.S. 17C-2(3), and who is elected Sheriff shall be reinstated by the Commission upon the conclusion of the period of service as Sheriff and in conformance with 12 NCAC 09C .0303;

(17) Alcohol law enforcement agents who received basic alcohol law enforcement training prior to November 1, 1993, and transfer to another law enforcement agency in a sworn capacity shall be subject to evaluation of their prior training and experience on an individual basis. The Standards Division staff shall determine the amount of training required of these applicants, based upon the type of certification held by the applicant and the length of any break in the applicant's sworn, full-time service;

(18) Wildlife enforcement officers who separate from employment with the Wildlife Enforcement Division and transfer to another law enforcement agency in a sworn capacity shall be subject to evaluation of their prior training and experience on an individual basis. The Standards Division staff shall determine the amount of training required of these applicants, based upon the type of certification held by the applicant and the length of any break in the applicant's sworn, full-time service;

(19) Active duty, guard, or reserve military members failing to complete all of the required annual in-service training topics, as defined in 12 NCAC 09E .0105 of this Chapter, due to military obligations are subject to the following training requirements as a condition for return to active criminal justice status. The agency head shall verify the person's completion of the appropriate training by submitting a statement, on Form F-9C, Return to Duty Request form. This form is located on the agency's website: https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/;

(A) Active duty members of the armed forces eligible for probationary certification pursuant to this Paragraph and active duty, guard, or reserve military members holding probationary or general certification as a criminal justice officer who fail to complete all of the required annual in-service training topics due to military obligations for up to a period of three years shall complete the previous year's required in-service training topics, the current year's required in-service training topics, and complete with a passing score the appointing agency's in-service firearms training and qualification program as prescribed in 12 NCAC 09E prior to their return to active criminal justice status;

(B) Active duty, guard, or reserve military members holding probationary or general certification as a criminal justice officer who fail to complete all of the required annual in-service training topics due to military obligations for a period greater than three years shall complete the following topic areas within the following time frames:

(i) The person shall complete the previous year's required in-service training topics, the current year's required in-service training topics, and complete the appointing agency's in-service firearms training and qualification program as prescribed in 12 NCAC 09E .0106 prior to their return to active criminal justice status;

(ii) The person shall achieve a passing score on the practical skills testing for the First Responder, Law Enforcement Driver Training, and Subject Control Arrest Techniques topics enumerated in Rule .0205(b)(5) of this Subchapter prior to returning to active criminal justice status. This practical skills testing may be completed either in a Commission-accredited Basic Law Enforcement Training Course or under the instruction of a Commission-certified instructor for that particular skill. The person shall complete one physical fitness assessment in lieu of the Fitness Assessment and Testing topic. The person shall also be examined by a physician per Rule .0104(b) of this Subchapter; and

(iii) The person shall complete required topics in the legal unit of instruction in the Commission-accredited Basic Law Enforcement Training Course as set forth in Rule .0205(b)(1) of this Subchapter. The required topics include Motor Vehicle Law; Juvenile Laws and Procedures; Arrest, Search and Seizure/Constitutional Law; and ABC Laws and Procedures. The person shall achieve a passing score on the topic tests for each course. The person may undertake each of these legal unit topics of instruction either in a Commission-accredited Basic Law Enforcement Training Course or under the instruction of a Commission-certified instructor for that particular topic of instruction. The person shall complete each of the enumerated topics of instruction within 12 months from the beginning of his or her return to active criminal justice status; and

(20) An active duty member of the armed forces who completes the Commission-accredited Basic Law Enforcement Training Course in its entirety as prescribed in Rule .0405 of this Subchapter, annually completes the mandatory in-service training topics as prescribed in 12 NCAC 09E .0105, with the exception of the Firearms and Qualification testing requirements contained in 12 NCAC 09E .0105(a)(3) for each year subsequent to the completion of the Commission-accredited Basic Law Enforcement Training Course, and achieves a passing score on the State Comprehensive Examination as prescribed in Rule .0406 of this Subchapter within five years of separating from active duty status shall be eligible for probationary certification as prescribed in 12 NCAC 09C .0303 for a period of 12 months from the date he or she separates from active duty status in the armed forces. All mandatory in-service training topics as prescribed in 12 NCAC 09E .0105 shall be completed by the individual prior to receiving probationary certification.

(b) If an evaluation, conducted by Standards Division staff, of the applicant's prior training and experience determines that required attendance in the entire Commission-accredited Basic Law Enforcement Training Course is unnecessary, the Director of the Standards Division shall determine the amount of training the individual shall complete during his or her probationary period.

(c) The following criteria shall be used by Standards Division staff in evaluating prior training and experience of local confinement personnel to determine eligibility for a waiver of training requirements:

(1) Persons who hold probationary, general, or grandfather certification as local confinement personnel and separate after having completed a Commission-accredited basic training course as prescribed in Rule .0224 or .0225 of this Subchapter and have been separated for one year or more shall complete a subsequent Commission-accredited basic training course and achieve a passing score on the State Comprehensive Examination during the probationary period as prescribed in Rule .0401(a) of this Subchapter;

(2) Upon reappointment to the same agency or appointment to another agency, persons who have been separated from a local confinement personnel position during their probationary period after having completed a Commission-accredited basic training program course shall be charged with the cumulative amount of time served during his initial or subsequent appointments and allowed the remainder of the probationary period to complete Commission requirements, but shall not be required to complete an additional Commission-accredited basic training course.

(3) Applicants who hold or previously held "Detention Officer Certification" issued by the North Carolina Sheriffs' Education and Training Standards Commission shall be subject to evaluation of their prior training and experience on an individual basis. No additional training shall be required where the applicant obtained certification and successfully completed the required 120 hour training course and has not had a break in service in excess of one year; and

(4) Persons holding certification for local confinement facilities who transfer to a district or county confinement facility shall complete the course for district and county confinement facility personnel, as adopted by reference in Rule .0224 of this Subchapter, and achieve a passing score on the State Comprehensive Examination during the probationary period as prescribed in Rule .0401(a) of this Subchapter.

History

  • Authority G.S. 17C-6; 17C-10; 17C-10.1; 93B-15.1
  • Eff. January 1, 1981
  • Amended Eff. October 1, 2017; January 1, 2017; October 1, 2016; November 1, 2014; August 1, 2000; November 1, 1993; March 1, 1992; July 1, 1989; February 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. December 1, 2023; July 1, 2021.
12 NCAC 09B .0404 Trainee Attendance {#sec-12-ncac-09b-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0404}

(a) Each trainee enrolled in a Commission-accredited Basic Law Enforcement Training Course shall attend all class sessions. The school director shall monitor the trainee's attendance at criminal justice training courses in which the trainee is enrolled.

(b) The school director may excuse a trainee from attendance at specific class sessions for just cause. For purposes of this Rule, just cause means accident, illness, emergency, or other circumstances which precluded the trainee from attending a class session. However, in no case may excused or unexcused absences exceed five percent of the total class hours for the course offering. A trainee shall not be eligible for administration of the State comprehensive examination and shall be dismissed from the course if the cumulative total of class absences exceeds five percent regardless of the prior completion of make-up work.

(c) If the school director grants an excused absence from a class session, he or she shall schedule make-up work and ensure the completion of such work during the current course presentation. The school director shall schedule instructors and reimburse those instructors for the purpose of completion of the make-up work. Make-up work shall consist of an in-person, one-hour instruction period for each hour of missed training, in the lesson plan where the missing training occurred, and shall be taught by an instructor certified to teach that block of instruction. Make-up work shall be documented on the F-26 BLET Student Absence/Make Up Training Report. The F-26 BLET Student Absence/Make Up Training Report shall contain the following:

(1) school/Academy Name;

(2) class Name;

(3) student name and ACADIS ID number;

(4) course topic, date, and hours missed;

(5) reason for missed time;

(6) student and School Director signatures;

(7) course topic and hours made up; and

(8) instructor name and signature.

(d) If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in instruction for an individual trainee in a specific course delivery, not to exceed 90 hours, when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to this Section shall be posted on the CJETS website at https://ncdoj.gov/law- enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began during the effective period of the State of Emergency.

(e) The School Director shall provide the following information to the Director of the Criminal Justice Standards Division for consideration of a waiver under Paragraph (d) of this Rule:

(1) a memorandum justifying the absence waiver;

(2) specific documentation related to the trainee's request; and

(3) a training completion plan pursuant to Paragraph (c) of this Rule.

(f) A school director shall terminate a trainee from course participation or shall deny certification of successful course completion where the trainee is tardy to or departs early from four class meetings or field exercises.

(g) Where a trainee is enrolled in a program as required in 12 NCAC 09B .0212, .0213, .0214, .0215, .0218, .0219, .0220, .0221, .0222, .0237, .0238, .0239, or .0240, and the scheduled course hours exceed the requirements of the Commission, the trainee, upon the authorization of the school director, shall be deemed to have satisfactorily completed the required number of hours for attendance provided the trainee's attendance is not less than 100 percent of the instructional hours as required by the Commission.

(h) A trainee enrolled in a presentation of the "Criminal Justice Instructor Training Course" under Rule .0209 of this Subchapter shall not be absent from class attendance for more than 10 percent of the total scheduled delivery period in order to receive successful course completion.

(i) A trainee, enrolled in a presentation of the "Specialized Firearms Instructor Training" course under Rule .0226 of this Subchapter, the "Specialized Driver Instructor Training" course under Rule .0227 of this Subchapter, the "Specialized Compliance and Control Tactics Instructor Training" course under Rule .0232 of this Subchapter, the "Specialized Physical Fitness Instructor Training" course under Rule .0233 of this Subchapter, the "Specialized Explosives and Hazardous Materials Emergencies Instructor Training" course under Rule .0417 of this Subchapter, or the "Juvenile Justice Specialized Instructor Training – Restraints, Controls and Defensive Techniques" course under Rule .0241 of this Subchapter shall not be absent from class attendance for more than 10 percent of the total scheduled delivery period in order to receive successful course completion. Make-up work must be completed during the current course presentation for all absenteeism. Make-up work shall consist of an in-person, one-hour instruction period for each hour of missed training, in the lesson plan where the missing training occurred, and shall be taught by an instructor certified to teach that block of instruction.

(j) Where a trainee is enrolled in a program as required in 12 NCAC 09B .0209, .0226, .0227, .0232, .0233, or .0417, the Director of the Criminal Justice Standards Division shall grant a waiver for completion of course requirements in a course delivery scheduled within 12 months, for just cause based upon the circumstances that created the need for the absence. For the purposes of this Rule, "just cause" includes an accident, illness, emergency, or course cancellation that precluded the student from completing the entire course in one continuous course delivery.

(k) A trainee, enrolled in a presentation of the "RADAR Instructor Training Course" under Rule .0210 of this Subchapter, the "Time-Distance Instructor Training Course" under Rule .0211 of this Subchapter, or the "LIDAR Instructor Training Course" under Rule .0237 of this Subchapter shall not be absent from class attendance for more than 10 percent of the total scheduled delivery period in order to receive successful course completion. Make-up work must be completed during the current course presentation for all absenteeism. Make-up work shall consist of an in-person, one-hour instruction period for each hour of missed training, in the lesson plan where the missing training occurred, and shall be taught by an instructor certified to teach that block of instruction.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. November 1, 1981
  • Readopted Eff. July 1, 1982
  • Amended Eff. February 1, 2006; May 1, 2004; August 1, 2000; April 1, 1999; November 1, 1993
  • July 1, 1989; February 1, 1987; June 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2025; April 1, 2022; August 1, 2021.
12 NCAC 09B .0405 Completion of Basic Law Enforcement Training Course {#sec-12-ncac-09b-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0405}

(a) Each delivery of a Commission-accredited Basic Law Enforcement Training Course (BLET) includes all modules as specified in Rule .0205 of this Subchapter. Each trainee shall attend and satisfactorily complete the full course as specified in Paragraphs (b) and (c) of this Rule during a scheduled delivery. The school director may develop supplemental requirements as set forth in Rule .0202(a)(5) of this Subchapter, but may not add substantive courses, or change or expand the substance of the courses as set forth in Rule .0205 of this Subchapter for purposes of Commission credit. This Rule does not prevent the instruction on local agency rules or standards; however, such instruction shall not be considered or endorsed by the Commission for purposes of certification. For the purposes of this Rule, "limited enrollment" shall mean the requirement that a trainee complete only those specific courses and course hours in which the trainee is deficient. A trainee found deficient in more than two cognitive topical areas or motor skills shall be dismissed from the current training delivery and shall be required to complete the entire training delivery in a subsequent session. For the purposes of this Rule, "deficiency" shall mean the cognitive topical area or motor skills that the trainee did not complete and which must be remediated.

(b) The trainee shall demonstrate proficiency in the cognitive topical areas and motor skills by achieving a minimum score of 70 percent on each test. If a trainee scores below 70 percent on a cognitive topical area or motor skills test, the trainee shall have one opportunity for reexamination. A trainee shall be allowed failure and reexamination in no more than nine cognitive topical areas and motor skills. Upon initial failure of a tenth cognitive topical area or motor skills test, the trainee shall not be allowed reexamination and shall be immediately dismissed from the course and shall be required to complete a subsequent delivery of BLET in its entirety.

(c) A trainee who fails to achieve a minimum score of 70 percent on the reexamination of a cognitive topical area or motor skills test shall be considered deficient in the cognitive topical area or motor skill. A trainee who is deficient in no more than two cognitive topical areas and/or motor skills shall be eligible to remediate his or her deficiencies. Prior to remediating a cognitive topical area or motor skill, the School Director shall submit to the Division a Request for Deficiency Remediation, Form F-13, which contains the trainee's name, instructor's name, and the remediation plan. The trainee shall:

(1) complete the current course delivery and then shall be required to remediate the deficiency as a limited enrollee in a subsequent training course; or

(2) remediate up to two deficiencies within the current course delivery with the approval of the Division Director.

(d) The Director of the Division shall issue prior written authorization for a specified trainee's limited enrollment in a subsequent delivery of the same course where the trainee provides evidence that:

(1) the trainee attended and satisfactorily completed specified class hours and topics of BLET but through extended absence occasioned by illness, accident, emergency, or other good cause was absent for more than five percent of the total class hours of the course offering;

(2) the trainee was granted excused absences by the school director that did not exceed five percent of the total class hours for the course offering and the school director has obtained approval from the Standards Division pursuant to Rule .0404 of this Section for make up work to be completed in a subsequent enrollment; or

(3) the trainee participated in a BLET course but is deficient in not more than two cognitive topical areas or motor skill areas.

(e) An authorization of limited enrollment in a subsequent delivery of the BLET shall not be issued by the Standards Division unless, in addition to the evidence required by Paragraphs (a) through (d) of this Rule:

(1) The school director of the previous course offering submits to the Standards Division a certification of the particular topics and class hours attended and satisfactorily completed by the trainee during the original enrollment; and

(2) The school director makes written application to the Standards Division for authorization of the trainee's limited enrollment.

(f) An authorization of limited enrollment in a subsequent course delivery permits the trainee to attend an offering of BLET commencing within 120 calendar days from the date of administration of the state comprehensive examination in the trainee's prior course delivery.

(1) The trainee shall attend and complete in its entirety each cognitive topical area and/or motor skill identified by the school director as an area of trainee deficiency in the prior course participation, with the exception of the "Officer Health and Wellness" topical area.

(2) The two options available for satisfying a deficiency in the "Officer Health and Wellness" topical area are:

(A) the student shall be allowed to make up the deficiency at the original training site without enrolling in a subsequent delivery of BLET. Under this option, the student shall be given 120 calendar days from the date that the comprehensive state examination was administered to the original BLET course in order to satisfy this deficiency. Students who select this option shall be allowed two attempts to complete the entire Police Officer Physical Abilities Test (POPAT) Course with a minimum of 24 hours of rest between attempts during the 120-day period to satisfy the deficiency; or

(B) the student shall be allowed to enroll in a subsequent delivery of BLET as a "limited enrollee." This delivery shall begin within 120 calendar days from the date that the comprehensive state examination was administered to the original BLET course in order to satisfy this deficiency. Students who select this option shall be allowed two attempts to complete the entire POPAT Course with a minimum of 24 hours of rest between attempts during the delivery period of the subsequent BLET course.

A certified Specialized Physical Fitness Instructor is the only person qualified to administer and grade the fitness re-test. At the time of the re-test, the school director or the Qualified Assistant shall be present.

(3) Following limited enrollment in the subsequent course offering, scheduled class attendance, and having received passing grades on all required topic and motor-skill tests, and having no deficiencies, the trainee shall be eligible for administration of the State comprehensive examination by the Commission, as set forth in Rule .0406 of this Section.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. February 1, 2014; August 1, 2000; July 1, 1989; July 1, 1985; April 1, 1984; January 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
  • Amended Eff. January 1, 2026; January 1, 2025.
12 NCAC 09B .0406 Comprehensive State Examination – Basic Law Enforcement Training {#sec-12-ncac-09b-.0406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0406}

(a) Within 60 days of the conclusion of a school's offering of the Commission-accredited Basic Law Enforcement Training Course, the Commission shall administer a comprehensive state examination online via the Acadis platform to each trainee who has completed all of the required course work pursuant to Rule .0405 of this Section. A trainee shall not be administered the comprehensive state examination until such time as all of the course work is completed or he or she is granted a medical waiver by the Director of the Criminal Justice Standards Division in accordance with Paragraph (e) of this Rule.

(b) A trainee shall achieve a passing score on the comprehensive state examination upon answering a minimum of 70 percent of the questions correctly.

(c) A trainee who has completed a scheduled delivery of the Commission-accredited Basic Law Enforcement Training Course and has achieved a minimum score of 60 percent but below the passing score of 70 percent on the Commission's comprehensive state examination the is eligible for a re-examination of the Commission's comprehensive state examination.

(1) The trainee's request for re-examination shall be made in writing on the Commission's Re- Examination Request form (F-23), and shall be received by the Standards Division within 30 days of the examination. The examination request form shall include the following information:

(A) first-time examination training type;

(B) trainee information; and

(C) school information and appropriate signatures.

(2) A trainee shall have, within 60 days of the original examination(s), only one opportunity for re-examination and shall achieve a passing score of 70 percent.

(3) The trainee shall be assigned in writing by the Director of the Standards Division a place, time, and date for re-examination.

(4) Should the trainee on re-examination not achieve a minimum score of 70 percent on the examination, the trainee shall not be eligible for probationary certification, as prescribed in 12 NCAC 09C .0303(d). The trainee shall enroll and complete a subsequent offering of the Basic Law Enforcement Training Course before further examination is permitted.

(d) A trainee who sustains injury prior to the final Police Officer Physical Abilities Test (POPAT) attempt and who achieved a passing score on the last attempt, who has completed the required coursework with the exception of the final POPAT, may request from the Director of the Criminal Justice Standards Division a medical waiver to take the comprehensive written examination prior to completion of the final POPAT. The medical waiver request shall include the following information:

(1) a memorandum from the School Director justifying a medical waiver;

(2) copies of the last POPAT assessment; and

(3) medical documentation from a physician, physician assistant, or nurse practitioner, holding a current medical license, showing the diagnosis of the injury and the estimated medical release date.

Upon receipt of the information contained in this Paragraph, the Director of the Criminal Justice Standards Division shall approve the medical waiver request. The School Director shall submit the medical waiver approval from the Director of the Criminal Justice Standards Division with the comprehensive state examination admission form. The trainee must complete the final POPAT attempt within 120 calendar days of the original comprehensive state examination date.

(f) A trainee who fails to achieve a minimum score of 60 percent on the comprehensive state examination shall not be given the opportunity for re-examination. and is eligible to enroll in a subsequent offering of the Commission-accredited Basic Law Enforcement Training Course.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. July 1, 2018; January 1, 2015; August 1, 2000; July 1, 1989; July 1, 1985; January 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25,
  • Amended Eff. January 1, 2025.
12 NCAC 09B .0407 Satisfaction of Minimum Training Requirements {#sec-12-ncac-09b-.0407 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0407}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. July 1, 1989; July 1, 1985; April 1, 1984; January 1, 1983
  • Repealed Eff. August 1, 2000.
12 NCAC 09B .0408 Comprehensive State Examination–smi Operator Certification {#sec-12-ncac-09b-.0408 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0408}

(a) Within 60 days of the conclusion of the classroom instruction portion of a school's offering of any speed measuring instrument (SMI) operator course or re-certification course, the Commission shall administer a comprehensive state examination to each student who has completed all of the required course work. The examination shall be an objective test covering the topic areas contained in the certified course curriculum, pursuant to 12 NCAC 09B .0212, .0238, and .0242.

(b) A student of a RADAR, LIDAR, or RADAR/LIDAR operator training shall achieve a passing score on the comprehensive state examination upon answering a minimum of 70 percent of the questions correctly. A student who fails to achieve a passing score on a RADAR, LIDAR, or RADAR/LIDAR operator training comprehensive state examination shall be eligible to request re-examination with the following conditions:

(1) The student must have achieved a minimum score of 60 percent on the initial examination;

(2) The student's request for re-examination shall be made in writing on the Commission's Examination Request Form (F-23) pursuant to 12 NCAC 09B .0406(c), and shall be received by the Standards Division within 15 days of the initial examination;

(3) The student shall have, within 30 days of the date of initial examination, only one opportunity for re-examination; and

(4) The student must have completed each motor-skill and performance area of the course curriculum.

A student who fails to achieve the minimum passing score of 70 percent on the re-examination, or who fails to achieve a minimum score of 60 percent on the initial examination, shall not be eligible for SMI operator certification until a subsequent SMI operator training course offering and examination are completed by the student.

(c) A student of a RADAR operator re-certification, LIDAR operator re-certification, or RADAR/LIDAR operator re-certification training course, pursuant to Paragraph (a) of this Rule, shall achieve a passing score on the comprehensive state examination upon answering a minimum of 75 percent of the questions correctly. At the time a student fails to achieve the minimum passing score, the student's SMI operator certifications shall be immediately revoked, and the student shall not be eligible for re-certification until a subsequent SMI operator training course offering and further examination are completed by the student.

History

  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted Eff. July 1, 1982
  • Amended Eff. January 1, 2015; November 1, 2007; May 1, 2004; April 1, 1999; December 1, 1987; October 1, 1983; April 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026.
12 NCAC 09B .0409 Satisfaction of Training -- Smi Operators {#sec-12-ncac-09b-.0409 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0409}

(a) To satisfy the training requirements for operator certification, a trainee shall complete all of the following:

(1) achieve a minimum score of 70 percent correct answers on the comprehensive state examination as outlined in 12 NCAC 09B .0408;

(2) complete a Commission-approved course as prescribed under 12 NCAC 09B .0212(a), .0238(a), or .0242(a) as evidenced by a completed Post Delivery Form (F-10B) pursuant to 12 NCAC 09I .0102;

(3) demonstrate proficiency in the motor-skill and performance subject areas to a certified Speed Measurement Instrument (SMI) instructor as evidenced on documentation on the Commission's SMI-1 Form for radar instruments and SMI-13 Form for lidar instruments, pursuant to 12 NCAC 09I .0106;

(4) present evidence showing completion of 12 hours of supervised field practice, as outlined in Paragraph (c) of this Rule, within 90 days after completing a RADAR or RADAR/LIDAR operator training course as prescribed in 12 NCAC 09B .0212, .0215, and .0242. Evidence of completion shall consist of a completed SMI-15 Form pursuant to 12 NCAC 09I .0106. Individuals applying for SMI operator certification may request an extension of up to 12 months for the 90-day requirement to complete the 12 hours of supervised field practice. The Director shall grant the extension request upon a showing of just cause which, for the purposes of this rule, includes accident, illness, emergency, course cancellation, or other exceptional circumstance that prevents the applicant from completing the required supervised field practice time;

(A) Individuals shall be exempt from the portions of the required supervised field practice, as outlined in Subparagraph (c)(4) of this Rule, which they have completed at a prior date, upon providing evidence of prior completion; and

(B) Evidence shall include a completed SMI-14 Form pursuant to 12 NCAC 09I .0106, and a copy of the individual's prior SMI operator or instructor certification which lists the instruments and modes which the officer is certified to operate. Division staff shall evaluate the evidence of prior completion to determine which portions of the supervised field practice have been completed at a prior date.

(b) Any trainee failing to achieve proficiency in the motor-skill area may request re-examination within 15 days of the original examination. The trainee's request for re-examination shall consist of a completed F-23 Exam Admission Form, pursuant to 12 NCAC 09I .0102. A trainee shall have, within 30 days of the original examination, only one opportunity for motor-skill re-examination and must complete each identified area of deficiency on the original motor-skill examination. If the trainee fails to achieve the prescribed score on the examination, the trainee's active SMI operator certifications shall be immediately revoked, and the trainee shall not be eligible for certification or re-certification until a subsequent SMI operator training course offering is completed, as prescribed under 12 NCAC 09B .0212(a), .0238(a), or .0242(a) and further examination is completed.

(c) The 12 hours of supervised field practice shall be completed as follows:

(1) The trainee must conduct the 12 hours of field practice using the radar instrument with the most modes, pursuant to 12 NCAC 09C .0308(h), that the trainee is seeking certification to operate;

(2) The trainee shall operate the police vehicle and the radar instrument while being supervised by a certified radar instructor or operator who is certified to operate the radar instrument used by the trainee during the field practice;

(3) SMIs shall not be used to enforce speed violations by the trainee or by the supervising radar operator or instructor during the 12 hours of field practice;

(4) The 12 hours of field practice shall be completed according to the following time requirements:

(A) for trainees seeking certification with a dual antenna unit and with stationary, moving-opposite direction, and moving-same direction modes: 120 minutes in each mode while using the front antenna and 120 minutes in each mode while using the rear antenna;

(B) for trainees seeking certification with a dual antenna unit and with stationary and moving-opposite modes only: 180 minutes in each mode while using the front antenna and 180 minutes in each mode while using the rear antenna;

(C) for trainees seeking certification with a dual antenna unit and with stationary mode only: 360 minutes in stationary mode while using the front antenna and 360 minutes in stationary mode while using the rear antenna;

(D) for trainees seeking certification with a single antenna unit and with stationary, moving-opposite direction, and moving-same direction modes: 240 minutes in each mode while using the front antenna;

(E) for trainees seeking certification with a single antenna unit and with stationary and moving-opposite modes only: 360 minutes in each mode while using the front antenna; or

(F) for trainees seeking certification with a single antenna unit and with stationary mode only: 720 minutes in stationary mode while using the front antenna.

(d) To satisfy the training requirements for operator re-certification, an operator seeking re-certification shall:

(1) Achieve a score of 75 percent correct answers on the comprehensive state examination provided for in 12 NCAC 09B .0408(c);

(2) Complete a Commission-approved course, prescribed under 12 NCAC 09B .0210(d), .0212(c), .0237(d), .0238(c), or .0242(c);

(3) Satisfy all motor-skill requirements as required in Subparagraph (a)(3) of this Rule; and

(4) For individuals seeking supplemental certification or re-certification to operate instruments with additional modes than those currently or previously certified to operate, complete 240 minutes of supervised field practice for each additional mode. For dual antenna instruments, 120 of the 240 minutes must be completed using each antenna.

History

  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted w/change Eff. July 1, 1982
  • Amended Eff. November 1, 2007; May 1, 2004; April 1, 1999; December 1, 1987; August 1, 1984
  • October 1, 1983; April 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Emergency Amendment Eff. May 5, 2020; Emergency Amendment Expired Eff. July 31, 2020; Amended Eff. February 1, 2026; January 1, 2021.
12 NCAC 09B .0410 Criminal Justice Instructor Training Course {#sec-12-ncac-09b-.0410 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0410}

(a) To successfully complete the "Criminal Justice Instructor Training Course" the trainee shall:

(1) complete all of the required course work pursuant to 12 NCAC 09B .0209. All trainee presentations shall have met the criteria and conditions specified in the course orientation of the "Instructor Training Manual" as published by the North Carolina Justice Academy; and

(2) attain the passing score on each performance area as specified in the course abstract of the "Instructor Manual" for the final written lesson plan and final 70-minute presentation.

(b) Should a trainee fail to meet the minimum criteria on the final lesson plan or the final 70-minute presentation, he or she shall be authorized one opportunity to correct either of these deficiencies by the end of the course.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1985
  • Amended Eff. January 1, 2018; January 1, 1995; February 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2021.
12 NCAC 09B .0411 Comprehensive Written Exam -- Local Confinement Facility {#sec-12-ncac-09b-.0411 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0411}

(a) At the conclusion of a school's offering of the "Local Confinement Facility Personnel" course, as prescribed in 12 NCAC 09B .0225, an authorized representative of the Commission shall administer a comprehensive written examination to each trainee who has satisfactorily completed all the course work. A trainee cannot be administered the comprehensive written examination until such time as all course work is completed.

(b) The examination shall be an objective test consisting of multiple choice, true-false, or similar questions covering the topic areas as prescribed in 12 NCAC 09B .0225.

(c) The Commission's representative shall submit to the school director within five days of the administration of the examination a report of the results of the test for each trainee examined.

(d) A trainee who has fully participated in a scheduled delivery of an accredited training course and has demonstrated satisfactory competence in each motor-skill or performance area of the course curriculum but has failed to achieve the minimum score of 70 percent on the Commission's comprehensive written examination may request the director of the Standards Division to authorize a re-examination of the trainee.

(1) The trainee's request for re-examination shall be made in writing on the Commission's form and shall be received by the Standards Division within 30 days of the examination.

(2) The trainee's request for re-examination shall include the favorable recommendation of the school director who administered the course.

(3) A trainee shall have, within 90 days of the original examination, only one opportunity for re-examination and shall satisfactorily complete the subsequent examination in its entirety.

(4) A trainee will be assigned in writing by the Standards Division staff a place, time, and date for re-examination.

(5) If the trainee fails to achieve the prescribed minimum score on the re-examination, the trainee may not be recommended for certification and shall enroll and complete a subsequent course offering in its entirety before further examination may be permitted.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Eff. June 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09B .0412 Satisfaction of Minimum Training -- Local Confinement Facility {#sec-12-ncac-09b-.0412 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0412}

To acquire successful completion of the "Local Confinement Facility Personnel" course, as prescribed in 12 NCAC 09B .0225, the trainee shall:

(1) achieve a score of 70 percent correct answers on the Commission-administered comprehensive written examination(s), provided in Rule .0411 of this Subchapter;

(2) demonstrate successful completion of an accredited offering of the "Local Confinement Facility Personnel" course, as prescribed in 12 NCAC 09B .0225, by obtaining the recommendation of the trainee's school director that the trainee possesses at least the minimum degree of general attributes, knowledge, and skills to function as an inexperienced local confinement facility officer, supervisor, or administrator.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Eff. June 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09B .0413 Comprehensive Written Exam - Instructor Training {#sec-12-ncac-09b-.0413 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0413}

(a) The Director of the Standards Division, or his designee, shall administer a comprehensive written examination to each trainee who has completed the first 12 units of the "Criminal Justice Instructor Training Course" as described in the "Basic Instructor Training Manual." This comprehensive written examination shall be administered within 60 days of the completion of the first 12 units of the "Criminal Justice Instructor Training Course, as specified in Rule .0209 of this Subchapter.

(b) The examination shall be an objective test covering the topic areas contained in the accredited course curriculum.

(c) The Commission's representative shall submit to the school director within five business days of the administration of the examination a report of the results of the test for each trainee examined.

(d) A trainee shall achieve a passing score on the comprehensive written examination if he or she achieves a minimum of 75 percent correct answers.

(e) A trainee who has participated in a scheduled delivery of an accredited training course and has demonstrated competence in each performance area of the course curriculum, who has scored at least 65 percent but has failed to achieve the minimum passing score of 75 percent on the Commission's comprehensive written examination, may request the Director of the Standards Division to authorize a re-examination of the trainee under the following requirements:

(1) The trainee's request for re-examination shall be made in writing on the Commission's Re-Examination Request form, located on the agency's website: http://www.ncdoj.gov/getdoc/b38b7eee-e311-4ec3-8f9c-bd8fd58f6281/SMI-6-Reexam-6-11.aspx. The Re-Examination Request form shall be received by the Standards Division within 30 days of the examination;

(2) The trainee's request for re-examination shall include the favorable recommendation of the school director who administered the course;

(3) A trainee shall have, within 60 days of the original examination, only one opportunity for re-examination and shall achieve a passing score on the subsequent examination; and

(4) The trainee shall be notified in writing by the Standards Division staff a place, time, and date for re-examination.

(f) Should the trainee not achieve a passing score on the re-examination the trainee shall not be given course completion and shall enroll and complete a subsequent offering of the instructor course before further examination may be permitted.

(g) A trainee who fails to score at least 65 percent on the Commission's comprehensive written examination shall not be eligible for re-examination, and shall complete a subsequent offering of the instructor training course before further examination may be permitted.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. February 1, 1987
  • Amended Eff. January 1, 2015; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09B .0414 Comprehensive State Exam – Specialized Instructor Training {#sec-12-ncac-09b-.0414 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0414}

(a) The Commission shall administer a comprehensive state examination within 60 days of the completed required course work for the following courses:

(1) Specialized Firearms Instructor Training;

(2) Specialized Driver Instructor Training;

(3) Specialized Compliance and Control Tactics Instructor Training;

(4) Specialized Physical Fitness Instructor Training;

(5) Specialized Explosives and Hazardous Materials Emergencies Instructor Training;

(6) Radar Instructor Training;

(7) Criminal Justice Time-Distance/Speed Measurement Instrument (TD/SMI) Instructor Training;

(8) LIDAR Instructor Training;

(9) Re-Certification Training for Radar Instructors;

(10) Re-Certification Training for TD/SMI Instructors; and

(11) Re-Certification Training for LIDAR Instructors.

(b) The examination shall be an objective test covering the topic areas contained in the certified course curriculum.

(c) The Commission's representative shall submit to the school director within five business days of the administration of the examination a report of the results of the test for each trainee examined.

(d) A trainee shall achieve a passing score on the comprehensive state examination if he or she achieves 75 percent correct answers.

(e) A trainee who fails to achieve a minimum score of 75 percent on the Commission's comprehensive state examination shall enroll and complete a subsequent offering of the specialized instructor training course before further examination may be permitted.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. February 1, 1987
  • Amended Eff. January 1, 2015; June 1, 2013; May 1, 2004; August 1, 2000; April 1, 1999; July 1, 1989
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2025.
12 NCAC 09B .0415 Satisfaction of Minimum Training - Specialized Instructor {#sec-12-ncac-09b-.0415 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0415}

(a) To acquire successful completion of the "Specialized Firearms Instructor Training," "Specialized Driver Instructor Training," "Specialized Compliance and Control Tactics Instructor Training," "Specialized Physical Fitness Instructor," and the "Specialized Explosives and Hazardous Materials Emergencies Instructor Training" courses, the trainee shall satisfactorily complete all required coursework and demonstrate proficiency in all required motor-skill and performance subjects as specified in 12 NCAC 09B .0226, .0227, .0232, .0233, or .0417 of this Section.

(b) Should a trainee fail to meet the minimum criteria on a motor skill or performance area, he or she shall be authorized one opportunity for a re-test. Such re-test must be completed during the original course and prior to the trainee's being administered the comprehensive state examination. Failure to meet the required criteria on a re-test requires enrollment in a subsequent course.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. February 1, 1987
  • Amended Eff. June 1, 2013; August 1, 2000; July 1, 1989
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2025.
12 NCAC 09B .0416 Satisfaction of Minimum Training - Smi Instructor {#sec-12-ncac-09b-.0416 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0416}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Eff. February 1, 1987
  • Amended Eff. January 1, 2015; November 1, 2007; April 1, 1999
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff: October 1, 2025.
12 NCAC 09B .0417 SPECIALIZED EXPLOSIVes and hazardous materials INSTRUCTOR TRAINING {#sec-12-ncac-09b-.0417 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0417}

(a) The instructor training course required for Specialized Explosives and Hazardous Materials Instructor Certification shall consist of a minimum of 59 hours of classroom instruction plus time required to complete Instructor Practicums presented during a continuous period of not more than two weeks. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to the Section shall be posted on the CJETS website https://ncdoj.gov/law-enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began during the effective period of the State of Emergency.

(b) Each Specialized Explosives and Hazardous Materials Instructor Training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a criminal justice explosives and hazardous materials instructor in a Basic Law Enforcement Training Course or a Law Enforcement Officers' Annual In-Service Training Program.

(c) Each applicant for Specialized Explosives and Hazardous Materials Instructor Training shall:

(1) have completed either:

(A) the criminal justice instructor training course; or

(B) the Fire Service Instructor Methodology Course or the equivalent utilizing the Instructional Systems Design model, an international model with application in education, military training, and private enterprise;

(2) present a written endorsement by either:

(A) a certified school director indicating the student will be utilized to instruct explosives and hazardous materials in Basic Law Enforcement Training Courses; or

(B) a department head, certified school director, or in-service training coordinator, indicating the student will be utilized to instruct explosives and hazardous materials training in the Law Enforcement Officer's Annual In-Service Training Program; and

(3) present a completed OSHA Respirator Medical Evaluation Questionnaire, accompanied by a statement from a licensed medical professional stating the applicant is physically fit to participate in the course.

(d) Each Specialized Explosives and Hazardous Materials Instructor Training course shall include the following identified topic areas and minimum instructional hours for each area:

(1) Orientation 2 Hours

(2) Introduction to Hazardous Materials 1 Hour

(3) Hazardous Materials Identification 2.5 Hours

(4) Awareness Level Actions at Hazardous Materials Incidents 1.5 Hours

(5) Chemical Properties and Hazardous Materials Behavior 3 Hours

(6) Incident Management 3 Hours

(7) Strategic Goals and Tactical Objectives 3.5 Hours

(8) Terrorist and Other Criminal Activity 5 Hours

(9) Personal Protective Equipment 5 Hours

(10) Decontamination 5 Hours

(11) Product Control 4 Hours

(12) Air Monitoring and Sampling 1.5 Hours

(13) Victim Rescue and Recovery 4 Hours

(14) Evidence Preservation and Sampling 3 Hours

(15) Illicit Laboratories 2 Hours

(16) Introduction to Explosive Devices 1 Hour

(17) Improvised Explosive Device Anatomy 2 Hours

(18) Packaged Improvised Explosive Devices 1 Hour

(19) Suicide/Homicide Improvised Explosive Devices 1 Hour

(20) Vehicle Borne Improvised Explosive Devices 1 Hour

(21) Radio Controlled Improvised Explosive Devices with Live Demonstration 5 Hours

(22) Improvised Explosive Device Threat Response 1 Hour

(23) Explosives and Hazardous Materials Emergencies and BLET Lesson Plan

Review 1 Hour

(24) Completion of tasks associated with Instructor Practicums. The number of required hours to complete this portion of the curriculum shall be based on the number of students and instructors.

(e) The basic curriculum for delivery of the Specialized Explosives and Hazardous Materials Instructor Training course shall be the Specialized Explosives and Hazardous Materials Instructor Training Manual," as published by the North Carolina Justice Academy. Copies of these publications may be inspected at the agency:

(f) The North Carolina Justice Academy is certified to offer the Specialized Explosives and Hazardous Materials Instructor Training course.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. June 1, 2013
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. April 1, 2022; January 1, 2021.
12 NCAC 09B .0501 Certification of School Directors {#sec-12-ncac-09b-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0501}

(a) Any person designated to act as, or who performs the duties of, a School Director in the delivery or presentation of a Commission-approved criminal justice training course shall be and remain certified by the Commission as a school director while serving in such role.

(b) To qualify for initial certification as a School Director, an applicant shall:

(1) hold current General Instructor certification as issued by the Commission, pursuant to 12 NCAC 09B .0302 and .0303;

(2) furnish documentary evidence to the Standards Division of high school, college, or university graduation as outlined in 12 NCAC 09B .0106;

(3) attend or have attended the most current offering of the School Director's orientation as developed and presented by the Commission staff, otherwise an individual orientation with a staff member shall be required; and

(4) submit a Form F-10 School Director/Qualified Assistant Application, pursuant to 12 NCAC 09I .0104, to the Commission for the issuance of such certification. This application shall be executed by the executive officer of the institution or agency currently accredited, or which may be seeking accreditation by the Commission to make presentation of Commission-approved training programs and for whom the applicant will be the designated School Director.

(c) In addition to the requirements identified in Paragraph (b) of this Rule, to qualify for certification as a School Director in the presentation of the Criminal Justice Instructor Training Course, an applicant shall document completion of the Instructor Training Orientation presented by the North Carolina Justice Academy on delivery of instructor training course and student evaluations.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1985
  • Amended Eff. February 1, 2016; November 1, 2015; July 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026; December 1, 2023.
12 NCAC 09B .0502 Terms and Conditions of School Director Certification {#sec-12-ncac-09b-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0502}

(a) The term of certification as a School Director is two years from the date the Commission issues the certification, unless earlier terminated by action of the Commission. Upon application, the certification may subsequently be renewed by the Commission for three-year periods. The application for renewal, F-10 School Director/Qualified Assistant Application, shall meet the requirements as outlined in 12 NCAC 09B .0501(4).

(b) To retain certification as a School Director, the School Director shall:

(1) Participate in annual training conducted by Commission staff. This annual training shall be delivered in a conference, classroom, or virtual format and shall contain information relevant to the responsibilities of a School Director, as outlined in 12 NCAC 09B .0202(a);

(2) Submit a renewal application executed by the executive officer of the institution or agency currently certified by the Commission to make presentation of certified training programs and for whom the applicant will be the designated School Director; and

(3) Hold current General Instructor Certification as issued by the North Carolina Criminal Justice Education and Training Standards Commission.

(c) The Director may grant a waiver of attendance at the annual training for just cause. For purposes of this Rule, just cause means accident, illness, emergency, or other circumstances, which precluded the School Director from attending the scheduled annual training. School Directors who receive a waiver of attendance shall be required to complete a make up training session prior to the end of the calendar year in which the training requirement applies.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1985
  • Amended Eff. February 1, 2016; May 1, 2014; April 1, 2009
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. December 1, 2023.
12 NCAC 09B .0503 Suspension: Revocation: Denial/School Dir. Certification {#sec-12-ncac-09b-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0503}

(a) The Commission may deny, suspend, or revoke certification of a school director when the Commission finds that the person has failed to meet or continuously maintain any of the requirements for qualification or through performance fails to comply with the rules of this Chapter.

(b) Prior to the Commission's action denying, suspending, or revoking a school director's certification, the Standards Division may notify the person that a deficiency appears to exist and may attempt, in an advisory capacity, to assist the person in correcting the deficiency.

(c) The Commission shall deny, suspend, or revoke the certification of a School Director when they have found the person has engaged in any conduct outlined in 12 NCAC 09B .0301(e) and (f).

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. August 1, 2019.
12 NCAC 09B .0504 Certification of Qualified Assistant {#sec-12-ncac-09b-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0504}

(a) If the accredited institution or agency assigns additional responsibilities to the certified School Director during the planning, development, and implementation of a Commission approved training course, a qualified assistant shall be designated to assist the School Director in the administration of the course. To be eligible to serve as a Qualified Assistant, an applicant shall:

(1) be selected by the School Director;

(2) hold current General Instructor certification as issued by the North Carolina Criminal Justice Education and Training Standards Commission, pursuant to 12 NCAC 09B .0302;

(3) furnish documentary evidence to the Standards Division of high school, college, or university graduation as outlined in 12 NCAC 09B .0104;

(4) attend or have attended the most current offering of the Qualified Assistant's orientation as developed and presented by the Commission staff;

(5) submit a Form F-10 School Director/Qualified Assistant Application to the Commission for the issuance of such certification. This application shall be executed by the certified School Director of the institution or agency currently accredited to administer Commission approved training courses and for whom the applicant will be the designated Qualified Assistant; and

(6) In addition to the requirements identified in this Paragraph to qualify for certification as a Qualified Assistant in the presentation of the Criminal Justice Instructor Training Course, an applicant shall document completion of the Instructor Training Orientation presented by the North Carolina Justice Academy on delivery of instructor training course and student evaluations.

(b) As directed by the School Director, the Qualified Assistant shall assist in the planning, developing, coordinating, and delivering of Commission-mandated training courses as outlined in 12 NCAC 09B .0202.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 2020
  • Amended Eff. November 1, 2024.
12 NCAC 09B .0505 Terms and Conditions of Qualified Assistant Certification {#sec-12-ncac-09b-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0505}

(a) The term of certification as a Qualified Assistant is three years from the date the Commission issues the certification, unless earlier terminated by action of the Commission. The application for renewal shall include documentation meeting the requirements of Rule .0504(a) and (b) of this Section.

(b) The Commission may deny, suspend, or revoke certification as a Qualified Assistant when the Commission finds that the person failed to meet or maintain any of the requirements for qualification or failed to comply with the Rules of this Chapter.

(c) Prior to the Commission's action denying, suspending, or revoking a Qualified Assistant's certification, the Standards Division shall notify the person that a deficiency appears to exist and may attempt, in an advisory capacity, to assist the person in correcting the deficiency.

(d) The Commission shall deny, suspend, or revoke the certification of a Qualified Assistant when it have found the person has engaged in any conduct outlined in Rule .0301(e) or (f) of this Subchapter.

(e) To retain certification as a Qualified Assistant, the Qualified Assistant shall:

(1) Participate in annual training conducted by Commission staff. This annual training shall be delivered in a conference, classroom, or virtual format and shall contain information relevant to the responsibilities of a Qualified Assistant, as outlined in Rule .0504(c) of this Section.

(2) Hold current General Instructor Certification as issued by the North Carolina Criminal Justice Education and Training Standards Commission.

(f) The Director shall grant a waiver of attendance at the annual training for just cause. For purposes of this Rule, just cause means accident, illness, emergency, or other circumstances, which precluded the Qualified Assistant from attending the scheduled annual training. Qualified Assistants who receive a waiver of attendance shall be required to complete a make up training session prior to the end of the calendar year in which the training requirement applies.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 2020
  • Amended Eff. November 1, 2024.
12 NCAC 09B .0601 Purpose {#sec-12-ncac-09b-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0601}

History

  • Status: repealed
  • Authority G.S. 17C-6(b)(10)
  • Eff. January 1, 1985
  • Amended Eff. December 1, 1998; July 1, 1989; July 1, 1988; September 1, 1987; May 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. July 1, 2026.
12 NCAC 09B .0602 Establishment of Program Evaluation Committee {#sec-12-ncac-09b-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0602}

History

  • Status: repealed
  • Authority G.S. 17C-6(b)(10)
  • Eff. January 1, 1985
  • Amended Eff. December 1, 1998; July 1, 1989; July 1, 1988; September 1, 1987; May 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. July 1, 2026.
12 NCAC 09B .0603 Levels of Approval {#sec-12-ncac-09b-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0603}

History

  • Status: repealed
  • Authority G.S. 17C-6(b)(10)
  • Eff. January 1, 1985
  • Amended Eff. December 1, 1998; July 1, 1989; July 1, 1988; September 1, 1987; May 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. July 1, 2026.
12 NCAC 09B .0604 Self Study {#sec-12-ncac-09b-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0604}

History

  • Status: repealed
  • Authority G.S. 17C-6(b)(10)
  • Eff. January 1, 1985
  • Amended Eff. December 1, 1998; July 1, 1989; July 1, 1988; September 1, 1987; May 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. July 1, 2026.
12 NCAC 09B .0605 Institutional Visitation {#sec-12-ncac-09b-.0605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0605}

History

  • Status: repealed
  • Authority G.S. 17C-6(b)(10)
  • Eff. January 1, 1985
  • Amended Eff. December 1, 1998; July 1, 1989; July 1, 1988; September 1, 1987; May 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. July 1, 2026.
12 NCAC 09B .0606 Application Procedures {#sec-12-ncac-09b-.0606 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0606}

History

  • Status: repealed
  • Authority G.S. 17C-6(b)(10)
  • Eff. January 1, 1985
  • Amended Eff. December 1, 1998; July 1, 1989; July 1, 1988; September 1, 1987; May 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. July 1, 2026.
12 NCAC 09B .0607 Procedural Considerations {#sec-12-ncac-09b-.0607 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0607}

History

  • Status: repealed
  • Authority G.S. 17C-6(b)(10)
  • Eff. January 1, 1985
  • Amended Eff. December 1, 1998; July 1, 1989; July 1, 1988; September 1, 1987; May 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. July 1, 2026.
12 NCAC 09B .0608 Appeal Procedures {#sec-12-ncac-09b-.0608 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0608}

History

  • Status: repealed
  • Authority G.S. 17C-6(b)(10)
  • Eff. January 1, 1985
  • Amended Eff. December 1, 1998; July 1, 1989; July 1, 1988; September 1, 1987; May 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. July 1, 2026.
12 NCAC 09B .0701 Military Transferees {#sec-12-ncac-09b-.0701 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09B .0701}

(a) Pursuant to G.S. 17C-10.1, a current or honorably-discharged former military police officer seeking certification as a law enforcement officer shall submit to the Criminal Justice Standards Division a completed Form F-21, Request for Military Evaluation for Basic Law Enforcement Training, and copies of the individual's military law enforcement training and personnel records and Certificate of Release or Discharge documentation from Military Service. Form F-21 is located on the agency's website: http://www.ncdoj.gov/getdoc/f7c44036-d56a-4c12-90a3-d73a8806493f/F-21_Military-EvalCJ_6-8-15.aspx.

(b) Upon receipt of the documentation prescribed in Paragraph (a) of this Rule, the Standards Division shall evaluate the applicant's combined training and experience pursuant to G.S. 93B-15.1 to determine if the applicant's combined training and experience is substantially equivalent to or exceeds the minimum requirements for employment as a law enforcement officer as prescribed in Rules 09B .0101, 09B .0111, and 09B .0403 of this Subchapter.

(c) The Division shall issue probationary certification pursuant to Rule 09C .0303 of this Chapter to an applicant who meets the following requirements:

(1) has completed a formal military basic training program and been awarded a military police occupational specialty rating;

(2) has performed military police officer duties in any of the branches of military service, active or reserve, or the National Guard for not less than two of the five years preceding the date of application for certification as a law enforcement officer; and

(3) whose combined training and experience is determined to be substantially equivalent to or exceeds the minimum expectations for employment as a law enforcement officer as prescribed in Rules .0101, .0111, and .0403(2) of this Subchapter.

(d) Within one year of being issued certification pursuant to Paragraph (c) of this Rule, an applicant shall complete, with passing scores pursuant to Rule .0405(b) of this Subchapter, the following:

(1) the Basic Law Enforcement Training topics pursuant to Rule .0205(b)(1) and (b)(6)(A) of this Subchapter; and

(2) the Basic Law Enforcement Training comprehensive written exam pursuant to Rule .0406(d) of this Subchapter.

(e) An applicant certified pursuant to Paragraph (c) of this Rule shall complete the in-service Firearms Training and Qualification course pursuant to 12 NCAC 09E .0106 prior to beginning employment with the hiring agency.

(f) The Division shall issue probationary certification to a current or honorably discharged military police officer whose combined training and experience is not substantially equivalent to or does not exceed the minimum requirements for employment as a law enforcement officer, as specified in Rule .0403 of this Subchapter, if the applicant meets the following requirements:

(1) completed a formal military basic training program and been awarded a military police occupational specialty rating;

(2) performed military police officer duties in any of the branches of military service, active or reserve, or the National Guard for not less than two of the five years preceding the date of application for certification as a law enforcement officer; and

(3) meets the minimum standards for law enforcement officers as prescribed in Rule .0101 and Rule .0111 of this Subchapter;

(g) Within one year of being issued certification pursuant to Paragraph (f) of this Rule, an applicant shall complete, with passing scores pursuant to Rule .0405(b) of this Subchapter, the following:

(1) the Basic Law Enforcement Training topics pursuant to Rule .0205(b)(1), (b)(2)(F), (b)(3)B), (b)(3)(D), (b)(4)(E), (b)(5)(C), (b)(5)(G), (b)(6)(A), and (b)(7) of this Subchapter; and

(2) the Basic Law Enforcement Training comprehensive written examination pursuant to Rule .0406(d) of this Subchapter.

(h) The Division shall waive any training topic in Paragraph (g)(1) of this Rule if the applicant provides

documentation indicating he or she has completed substantially equivalent combined military training and

experience in that topic.

(i) Members of the Air National Guard, Army National Guard, and Military Reserve Components who have performed as a military police officer for not less than 1,040 hours during the five years preceding the date of application for certification shall be deemed to satisfy the requirements of Paragraph (c)(2) and Paragraph (f)(2) of this Rule.

(j) An applicant who, after completing the required training in Paragraph (d)(1) or (g)(1) of this Rule, fails to achieve a passing score on the Basic Law Enforcement Training comprehensive written exam may be retested in each unit the applicant failed. An applicant who fails three or more units must enroll in and complete with passing scores a subsequent delivery of the Basic Law Enforcement Training course in its entirety in order to be eligible for certification.

(k) An active duty military police officer who obtains certification while on active duty may retain the certification under this Rule for the duration of active duty provided the officer continues to perform military police officer duties and complies with the in-service training requirements, as specified in 12 NCAC 09E .0105. An active duty military police officer who is unable to complete annual in-service requirements due to deployment or overseas assignment shall have 12 months from the time the officer returns to the United States in which to complete the in-service training requirements, as specified in Rule .0105 of this Chapter for each year he or she was unable to complete due to oversees assignment. The officer shall retain the certification for a period of one year following separation from active duty.

(1) When completing the required training topics specified in Paragraph (d)(1) or Paragraph (g)(1) of this Rule, the individual shall meet all requirements specified in Rule .0203 and Rule .0405 of this Subchapter.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10; 93B-15.1
  • Eff. July 1, 2016
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2022.

Subchapter C

12 NCAC 09C .0101 Administration of Programs {#sec-12-ncac-09c-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0101}

(a) The Standards Division shall administer and enforce all programs of the Commission regarding certification and implementation of standards.

(b) The administrative duties of the Standards Division include:

(1) preparing and distributing a compilation of the rules in this Chapter, to persons, agencies, and institutions subject thereto;

(2) creating and distributing forms to aid application for certification and reporting of programs conducted under the rules in this Chapter;

(3) developing and administering comprehensive examinations to provide a basis for the decision to certify criminal justice officers;

(4) monitoring and evaluating the activities of persons, agencies, and institutions subject to the rules in this Chapter;

(5) providing technical assistance to agencies and institutions regarding their substantive and procedural responsibilities under the rules in this Chapter;

(6) investigating and reporting to the Probable Cause Committee violations of and deviations from the rules in this Chapter by any person, agency, or institution;

(7) maintaining records of application, qualification, and program reports filed with the Commission under the rules in this Chapter;

(8) collecting information relevant to the programs of the Commission from persons, agencies, and institutions subject to the rules in this Chapter;

(9) compiling and maintaining the official records of Commission meetings and acts;

(10) transmitting notice of Commission actions to all persons, agencies, and institutions affecting by Commission action;

(11) initiating judicial proceedings at the direction of the Commission to enjoin an offending or non-complying criminal justice agency from violation of the rules in this Chapter; and

(12) divulging to authorized requestors information in the personnel and program files of the Commission.

History

  • Authority G.S. 17C-9
  • Eff. January 1, 1981
  • Amended Eff. March 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09C .0102 Development of Programs {#sec-12-ncac-09c-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0102}

The Standards Division shall assist the commission in developing and evaluating programs for the improvement of the criminal justice system by:

(1) Compiling data, performing research, and developing reports concerning the needs of criminal justice agencies;

(2) Presenting to the Commission recommendations for the development of new programs and the revision of existing programs;

(3) Disseminating information about Commission programs to concerned agencies and persons; and

(4) Collecting comments about Commission programs contributed by agencies and the public.

History

  • Authority G.S. 17C-9
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09C .0103 Divulging Personnel Information {#sec-12-ncac-09c-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0103}

(a) The head of a criminal justice agency may request in writing and with the appropriate authorization for release, information in the Standards Division files regarding the suitability or qualifications of a criminal justice officer for employment or retention.

(b) The Director of the Standards Division shall evaluate the request to determine what, if any, information the Standards Division files contain that is necessary to the retention or employment of the officer or applicant.

(c) The Director shall divulge the information in the Standards Division files in accordance with State personnel laws. The information shall be provided to the head of the criminal justice agency in writing by personal delivery or personally addressed first class mail.

(d) The Standards Division shall maintain a copy of the letter divulging such information in the personnel file of the subject officer or applicant.

History

  • Authority G.S. 17C-9
  • Eff. January 1, 1981
  • Amended Eff. October 1, 2018
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09C .0104 Agency Head Responsibilities: Critical Incident Reporting {#sec-12-ncac-09c-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0104}

(a) For all criminal justice agencies in the State that employ personnel certified by the North Criminal Justice Education and Training Standards Commission, the agency head shall submit the Critical Incident Report, (F-27), to the Criminal Justice Standards Division no later than 30 days after making the determination that an incident involving any use of force by a law enforcement officer that resulted in death or serious bodily injury to a person has occurred. The Critical Incident Report (F-27) shall contain the following:

(1) date of incident;

(2) location of incident;

(3) name of officer who utilized force; and

(4) whether the incident involved serious bodily injury or death.

(b) In addition to the reporting in Paragraph (a) of this Rule, the agency head for any criminal justice agency in the State that employs personnel certified by the North Criminal Justice Education and Training Standards Commission, shall submit the Annual Critical Incident Report, (F-27A), to the Criminal Justice Standards Division no later than the following January 15th of each year, listing all incidents involving any use of force by a law enforcement officer that results in death or serious bodily injury to a person. The Annual Critical Incident Report (F-27A) shall contain the following:

(1) the total number of incidents involving the use of force resulting in death or serious bodily injury;

(2) date of incidents;

(3) location of incidents; and

(4) whether the incidents had previously been reported on the Critical Incident Report (F-27).

(5) for incidents not previously reported, an accompanying F-27 must be submitted along with the F-27A.

(c) The Critical Incident Form (F-27) shall provide the following notice to officers:

(1) information is being collected for a database as directed by G.S.17C-15;

(2) information collected will remain confidential in compliance with State and federal law;

(3) law enforcement officers reported to the Division have a right, prior to being placed in the database, to request a hearing in superior court for a determination of whether the officer's involvement should be properly placed in the database;

(d) The Critical Incident Form (F-27) will provide check boxes and a location to sign for officers to indicate they understand their rights and are either waiving their rights and agreeing to have the information entered into the database or they plan to dispute the entry of their information in the database. If the officer indicates they plan to request a hearing in superior court, the Division will not place the officer's involvement in the database until the superior court makes a determination or until 30 days following the date of the officer's signature has elapsed and the Division has not received proof of submission for filing to request a hearing in superior court. Any forms already entered into the database will be removed if a subsequent review by the superior court determines that the officer's involvement was not properly placed in the database.

History

  • Authority G.S. 17-6; 17C-15
  • Eff. January 1, 2025
  • Amended Eff: October 1, 2025.
12 NCAC 09C .0201 Personal History Statement {#sec-12-ncac-09c-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0201}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff: May 1, 2025.
12 NCAC 09C .0202 Medical History Statement {#sec-12-ncac-09c-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0202}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff: May 1, 2025.
12 NCAC 09C .0203 Medical Examination Report {#sec-12-ncac-09c-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0203}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff: May 1, 2025.
12 NCAC 09C .0204 Qualifications Appraisal Interview {#sec-12-ncac-09c-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0204}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff: May 1, 2025.
12 NCAC 09C .0205 Application for Certification Law Enforcement Officer {#sec-12-ncac-09c-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0205}

(a) The Application for Certification Law Enforcement Officer (Form F-5A) shall be used to request the certification of criminal justice officers. The Application for Certification Law Enforcement Officer (Form F-5A) shall contain the following information:

(1) Employing agency identification;

(2) Applicant's name, address, date of birth, driver's license number, and social security number;

(3) Position for which application is being submitted;

(4) Date of hire;

(5) Verification of the applicant's criminal history, pursuant to 12 NCAC 09B .0111, and

(6) Signature of the employing agency's executive officer or authorized representative.

(b) The following documents shall be submitted to the Division along with the Application for Certification Law Enforcement Officer (Form F-5A):

(1) Fingerprint Response Sheet, pursuant to 12 NCAC 09B .0103;

(2) Firearms Qualification Record (Form F-9A), pursuant to 12 NCAC 09E .0104;

(3) Signed and notarized Release Authorization Form, pursuant to 12 NCAC 09B .0102; and

(4) Law Enforcement Application for Verification of Expunction AOC-CR-280, pursuant to 12 NCAC 09B .0102.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Temporary Amendment Eff. January 1, 2001
  • Amended Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2025.
12 NCAC 09C .0206 Request for General Certification {#sec-12-ncac-09c-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0206}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11
  • Eff. January 1, 1981
  • Repealed Eff. July 1, 1982.
12 NCAC 09C .0207 Application for Award of Professional Certificate {#sec-12-ncac-09c-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0207}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 15, 1981
  • Temporary Amendment Eff. January 1, 2001
  • Amended Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. May 1, 2025.
12 NCAC 09C .0208 Affidavit of Separation {#sec-12-ncac-09c-.0208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0208}

(a) The Affidavit of Separation (Form F-5B) shall be used for reporting the date of and reason for the separation of a criminal justice officer from the employing agency. The date of separation shall be the date the criminal justice officer resigned or the date the employing agency terminated the employee. The Affidavit of Separation (Form F-5B) shall contain the following information:

(1) separating agency;

(2) separating officer, address, date of birth, position, date of final separation;

(3) reason for separation;

(4) name and signature of separating officer; and

(5) name and signature of the employing agency's executive officer or authorized representative.

(b) An agency separating a person from employment or appointment as a criminal justice officer shall, not later than 10 days after separation, forward to the Commission a completed Affidavit of Separation.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Temporary Amendment Eff. January 1, 2001
  • Amended Eff. October 1, 2018; August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2025.
12 NCAC 09C .0209 Request for School Accreditation {#sec-12-ncac-09c-.0209 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0209}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. May 1, 2025.
12 NCAC 09C .0210 Request for Training Course Accreditation {#sec-12-ncac-09c-.0210 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0210}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11
  • Eff. January 1, 1981
  • Repealed Eff. October 1, 2017.
12 NCAC 09C .0211 Pre-Delivery Report of Training Course Presentation {#sec-12-ncac-09c-.0211 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0211}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11
  • Eff. January 1, 1981
  • Amended Eff. January 1, 2015; August 1, 2000
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
  • Repealed Eff. May 1, 2025.
12 NCAC 09C .0212 Post-Delivery Report of Training Course Presentation {#sec-12-ncac-09c-.0212 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0212}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2000
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2025
  • Repealed Eff. February 1, 2026.
12 NCAC 09C .0213 Student Course Completion Record {#sec-12-ncac-09c-.0213 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0213}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11; 150B-21.2
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2000
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. May 1, 2025.
12 NCAC 09C .0214 Request for Instructional Certification {#sec-12-ncac-09c-.0214 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0214}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11; 150B-21.2
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2000
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. May 1, 2025.
12 NCAC 09C .0215 Professional Lecturer Certification {#sec-12-ncac-09c-.0215 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0215}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11; 150B-21.2
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2000
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. May 1, 2025.
12 NCAC 09C .0216 Recommendation for General Instructor Certification {#sec-12-ncac-09c-.0216 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0216}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11; 150B-21.2
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2000
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. May 1, 2025.
12 NCAC 09C .0217 Application for Law Enforcement Employment {#sec-12-ncac-09c-.0217 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0217}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11
  • Eff. January 1, 1981
  • Repealed Eff. August 1, 2014.
12 NCAC 09C .0218 Form Order Blank {#sec-12-ncac-09c-.0218 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0218}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11
  • Eff. January 1, 1981
  • Repealed Eff. August 1, 2014.
12 NCAC 09C .0219 Fd-258 - Fingerprint Card {#sec-12-ncac-09c-.0219 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0219}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff: May 1, 2025.
12 NCAC 09C .0220 Acquisition of Forms {#sec-12-ncac-09c-.0220 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0220}

History

  • Status: repealed
  • Authority G.S. 17C-6; 150B-11
  • Eff. January 1, 1981
  • Repealed Eff. July 1, 2014.
12 NCAC 09C .0301 Certification of Criminal Justice Personnel {#sec-12-ncac-09c-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0301}

Every person employed or appointed by the State or any political subdivision thereof as a criminal justice officer shall be certified as prescribed by these Rules prior to being administered the oath of office or commencing active service. The Commission shall certify an officer as either a probationary officer or general officer based on the officer's qualifications and experience.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09C .0302 Probationary Period {#sec-12-ncac-09c-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0302}

Every criminal justice officer below the level of department head and including officers who transfer laterally into an agency shall satisfactorily complete a probationary period with that agency of not less than 12 months.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09C .0303 Probationary Certification {#sec-12-ncac-09c-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0303}

(a) Before a prospective criminal justice officer may be administered the oath of office, exercise the power of arrest, or commence active service as an officer, the employing agency shall have in its possession the person's Probationary Certification.

(b) The Commission shall certify as a probationary officer a person meeting the minimum standards for criminal justice employment, as specified in Rule .0101 of this Subchapter when the person's employing agency submits a Report of Appointment to the Standards Division. The Report of Appointment Form is located on the agency's website: http://www.ncdoj.gov/getdoc/64d263a3-a598-4c45-9541-04ef088cf288/F-5A-(DJJDP)--6-11.aspx. The process for issuing probationary certification is as follows:

(1) The Standards Division shall issue the person's Probationary Certification to the employing agency.

(2) If an oath is required, the official administering an oath of office to the person shall be presented the person's Probationary Certification prior to the swearing. The administering official shall sign and date the oath on the Probationary Certification. The employing agency shall return a copy of the signed Probationary Certification to the Standards Division within 10 days of the administration of the officer's oath.

(3) If no oath is required, the officer's department head shall endorse the Probationary Certification and enter the date on which the officer's service commenced, returning a copy of the certification to the Standards Division within 10 days of the commencement of the officer's service.

(c) The officer's Probationary Certification shall remain valid for one year from the date the certification is issued by the Standards Division unless sooner terminated by his or her agency for cause.

(d) Before a prospective law enforcement officer may be issued a Probationary Certification, the prospective officer shall have completed the required basic training course stipulated in 12 NCAC 09B .0205(b).

(e) An applicant for certification who holds a valid Probationary Certification issued by the North Carolina Sheriffs' Education and Training Standards Commission shall be certified as a probationary law enforcement officer as specified under Paragraphs (b), (c) and (d) of this Rule.

(f) Where the local governing authority declares the existence of a public emergency pursuant to G.S. 166A-19.22, the department head of the criminal justice agency of the jurisdiction may swear persons as law enforcement officers without first obtaining Probationary Certification for those officers. The employing agency shall obtain Probationary Certification for such emergency officers not more than 20 days after the administration of their oath of office.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2015; November 1, 1993; March 1, 1992; July 1, 1989; October 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09C .0304 General Certification {#sec-12-ncac-09c-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0304}

(a) The Commission shall grant an officer general certification if evidence is received by the Standards Division that an officer has successfully completed the training requirements of 12 NCAC 09B .0400 within the officer's probationary period and that the officer has met all other requirements for general certification. General certification shall not be granted if the officer's department head submits a written request to the Director of the Standards Division to withhold general certification from the officer.

(b) The Commission shall honor a valid general certification issued to a deputy sheriff by the North Carolina Sheriffs' Education and Training Standards Commission for the purpose of lateral transfer, as provided for in 12 NCAC 09C .0306, to a law enforcement agency under the jurisdiction of G.S. 17C if evidence is received by the Standards Division that the officer has successfully completed the training requirements as mandated by the Sheriffs' Commission within the officer's probationary period and the officer has successfully completed the training requirements of 12 NCAC 09B .0205 in addition to complying with all other commission requirements for general certification.

(c) For local confinement personnel in service prior to June 1, 1986, the Commission shall grant General Certification to all local confinement personnel officially appointed and in local confinement facility service or county confinement facility service with any political subdivision of the state on May 31, 1986. Such personnel shall be exempt from the provisions of Rules .0301, .0302 and .0303 of this Section and from basic training requirements applicable to those certified as probationary officers. Any personnel wishing to take advantage of the privilege granted by this Paragraph shall apply on or before August 31, 1986 and all General Certification granted after that date shall be as prescribed in Subchapter 09C, Section .0300.

(d) For local confinement personnel of juvenile detention homes, either state or local, in service prior to January 1, 1990, the Commission shall grant General Certification to all local confinement personnel officially appointed and in juvenile detention homes with any political subdivision of the state on December 31, 1989. Such personnel shall be exempt from the provisions of Rules .0301, .0302 and .0303 of this Section and from basic training requirements applicable to those certified as probationary officers. Any personnel wishing to take advantage of the privilege granted by this Paragraph shall apply on or before March 31, 1990 and all General Certifications granted after that date shall be as prescribed in Subchapter 09C, Section .0300.

(e) General certification is continuous from the date of issuance, so long as:

(1) The certified officer remains continuously employed or appointed as a criminal justice officer in good standing with an agency and the certification has not been terminated for cause; or

(2) The certified officer, having separated in good standing from a criminal justice agency, is re-appointed or re-employed as a criminal justice officer within one year, and the certification has not been terminated for cause; and

(3) The certified officer meets the in-service training requirements as prescribed in 12 NCAC 09E during each full calendar year of certification.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. August 1, 1998; March 1, 1990; July 1, 1989; June 1, 1986; April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09C .0305 Report of Separation {#sec-12-ncac-09c-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0305}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Repealed Eff. October 1, 2018.
12 NCAC 09C .0306 LATERAL TRANSFER OF in-state LAW ENFORCEMENT OFFICERS {#sec-12-ncac-09c-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0306}

(a) A North Carolina law enforcement officer is eligible to transfer from one state or local law enforcement agency to another and be certified by the Commission if the officer:

(1) has completed basic law enforcement training and holds a general certification or probationary certification from the Commission or the Sheriffs' Education and Training Standards Commission; and

(2) has not had more than a 12-month consecutive break in service immediately preceding the current application.

(b) Prior to certification being transferred per this Rule, a state or local law enforcement agency considering the applicant for employment as a law enforcement officer shall submit an Application for Lateral Certification, Form F-5D, to the Division reporting that the employing agency has done the following:

(1) obtained and forwarded the applicant's fingerprints to the North Carolina State Bureau of Investigation, in compliance with the requirements set forth in 12 NCAC 09B .0102(a) and (b), reviewed the results of the criminal history record check provided as a result, and provided a copy of the results to the Division;

(2) completed the AOC-CR280 expungement form and provided the results to the Division;

(3) obtained a signed and notarized Authorization for Release of Information Form from the applicant, and reviewed the following documents of the applicant maintained by or on behalf of any North Carolina law enforcement agency where the applicant was employed for any part of the five-year period preceding the current application;

(A) the personnel file including confidential information as defined by G.S. 153A-98, G.S. 160A-168 and G.S. 126-24;

(B) Form F-5B, Affidavit of Separation, if the applicant has separated;

(C) Form F-8, Background Investigation; and

(D) any internal investigations.

(4) Confirmed that the applicant:

(A) has not had more than a 12-month consecutive break in service immediately preceding the current application;

(B) has completed all mandatory in-service training for the preceding calendar year;

(C) has no criminal convictions, outstanding criminal charges or an offense that would disqualify them from certification, pursuant to 12 NCAC 09B .0111, as verified through a comprehensive criminal background check;

(D) has not been the subject of any internal investigation, disciplinary proceeding or pre-disciplinary proceeding, within the last 18 months that contains allegations that could prevent the law enforcement officer's certification; and

(E) has qualified pursuant to 09E .0106 of this Subchapter, with the assigned duty weapon which has been recorded on the Firearms Qualification Record, Form F-9A pursuant to 09E .0104 of this Subchapter.

(c) The Application for Lateral Certification, Form F-5D, shall contain the following:

(1) officer's name, date of birth, Acadis ID number;

(2) former agency, current agency, and hire date with current agency;

(3) current certification held;

(4) dates the criminal history records check and psychological screening were conducted;

(5) date the officer's personnel record was reviewed; and

(6) the name and signature of the current employing agency's head or authorized representative

(d) Officers previously certified who were not previously required to meet the educational or basic training requirements shall not be required to meet such requirements when laterally transferring to another agency with less than a 12-month break in law enforcement service.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. April 1, 2018; October 1, 2017; May 1, 2009; July 1, 1990; March 1, 1990; July 1, 1989; July 1, 1982
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2025; March 1, 2024.
12 NCAC 09C .0307 Agency Retention of Records of Certification {#sec-12-ncac-09c-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0307}

(a) Each criminal justice agency shall place information with respect to employment, education, retention, and training of its criminal justice officers in the criminal justice officer's personnel file as listed in Subparagraphs (a)(1) and (a)(2) of this Rule. The files shall be available for examination in five days by representatives of the Commission for verifying compliance with these Rules.

(1) Criminal Justice Officer with probationary certification:

(A) the officer's Personal History Statement (Form F-3), pursuant to 12 NCAC 09C .0201;

(B) the officer's Medical History Statement and Medical Examination Report (Form F-1 and F-2), pursuant to 12 NCAC 09B .0104;

(C) documentation of the officer's drug screening results, pursuant to 12 NCAC 09C .0310;

(D) the Commission's Mandated Background Investigation Form as completed by the agency's investigator, (Form F-8), pursuant to 12 NCAC 09B .0102;

(E) a summary of the officer's Qualifications Appraisal Interview, (Form F-4), prepared by the agency's interviewers, pursuant to 12 NCAC 09C .0204. The Form F-4 identifies the officer candidate interviewed, the position interviewed for, and the interviewer(s)' comments regarding the applicant's appearance, manner, and bearing, ability to present ideas, social adaptability, alertness and judgment, and interviewer(s) recommendation for employment;

(F) a copy of all certificates or diplomas obtained, pursuant to 12 NCAC 09B .0106;

(G) course listing(s) and completion date(s) of all criminal justice training completed by the officer;

(H) the results of the officer's fingerprint record check, pursuant to 12 NCAC 09B .0103;

(I) a written summary of the officer's psychological examination results, pursuant to 12 NCAC 09B .0101(7);

(J) for the law enforcement officer, records of all in-service training received by the officer, as set forth in 12 NCAC 09E .0103(3) and .0110(5) that the officer has completed the minimum in-service training as required;

(K) certified copy of proof of age, citizenship, and educational requirements required in 12 NCAC 09B .0101;

(L) copy of Report of Appointment/Application for Certification (Form F-5A), pursuant to 12 NCAC 09C .0205;

(M) oath of office, pursuant to 12 NCAC 09C .0303;

(N) copy of firearms qualification (Form F-9A), pursuant to 12 NCAC 09E .0106;

(O) once separated, a copy of the Affidavit of Separation, Form F-5B), pursuant to 12 NCAC 09C .0208; and

(P) a copy of the electronic response for the AOC-CR-280, Law Enforcement Application for Verification of Expunction under G.S. 15A-151.

(2) Criminal Justice Officer with general certification:

(A) the officer's Medical History Statement and Medical Examination Report (Form F-1 and F-2), pursuant to 12 NCAC 09B .0104;

(B) documentation of the officer's drug screening results, pursuant to 12 NCAC 09C .0310;

(C) a copy of all certificates or diplomas obtained, pursuant to 12 NCAC 09B .0106;

(D) course listing(s) and completion date(s) of all criminal justice training completed by the officer;

(E) the results of the officer's fingerprint record check, pursuant to 12 NCAC 09B .0103;

(F) for the law enforcement officer, records of all in-service training received by the officer, as set forth in 12 NCAC 09E .0103(3) and .0110(5) that the officer has completed the minimum in-service training as required;

(G) certified copy of proof of age, citizenship, and educational requirements required in 12 NCAC 09B .0101;

(H) copy of Report of Appointment/Application for Certification (Form F-5A), pursuant to 12 NCAC 09C .0205;

(I) oath of office, pursuant to 12 NCAC 09C .0303;

(J) copy of firearms qualification (Form F-9A), pursuant to 12 NCAC 09E .0106;

(K) once separated, a copy of the Affidavit of Separation, Form F-5B), pursuant to 12 NCAC 09C .0208; and

(L) a copy of the electronic response for the AOC-CR-280, Law Enforcement Application for Verification of Expunction under G.S. 15A-151.

(3) Law Enforcement Officer hired as a lateral officer with probationary or general certification under the provisions of 12 NCAC 09C .0306;

(A) the results of the officer's fingerprint record check, pursuant to 12 NCAC 09B .0103;

(B) records of all in-service training received by the officer, as set forth in 12 NCAC 09E .0103(3) and .0110(5) that the officer has completed the minimum in-service training as required;

(C) copy of Change of Name (Form F-19) or Application for Lateral Certification (Form F-5D) pursuant to 12 NCAC 09C .0306;

(D) a copy of the electronic response for the AOC-CR-280, Law Enforcement Application for Verification of Expunction under G.S. 15A-151;

(E) copy of firearms qualification (Form F-9A), pursuant to 12 NCAC 09E .0106;

(F) once separated, a copy of the Affidavit of Separation (Form F-5B), pursuant to 12 NCAC 09C .0208;

(G) basic law enforcement training certificate or record of completion;

(H) copy of the signed authorization to release records form; and

(I) the agency may have performed additional screening and selection tasks, and records for those optional tasks are required to be maintained in the employee's file for audit by the division.

(b) These records shall be maintained by the criminal justice agency in compliance with the North Carolina Department of Natural and Cultural Resources Retention and Disposition Schedule established pursuant to G.S. 121 and G.S. 132.

History

  • Authority G.S. 17C-2; 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 1998; January 1, 1995; July 1, 1990; July 1, 1989; June 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2025; May 1, 2024; August 1, 2019.
12 NCAC 09C .0308 Speed Measuring Instrument (smi) Operators Certification Program {#sec-12-ncac-09c-.0308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0308}

(a) Only those individuals currently certified as a law enforcement officer or appointed personnel of a law enforcement agency who use a SMI for enforcement purposes shall hold certification from the Commission authorizing the officer to operate the SMI. Certification in one or more categories reflects operational proficiency in the designated types of approved equipment for which the trainee has been examined and tested.

(b) Standards Division staff shall issue SMI certification in the following categories:

(1) RADAR operator SMI certification or re-certification requiring completion of the training program as required in 12 NCAC 09B .0210, .0212, .0218, or .0242;

(2) LIDAR SMI operator certification or re-certification requiring successful completion of the training program as required in 12 NCAC 09B .0237, .0238, .0239, or .0242.

(c) The applicant shall meet the following requirements for SMI operator certification or re-certification within 90 days of completing a SMI course outlined in 12 NCAC 09B .0212, .0238, or .0242:

(1) have completed course requirements as outlined in 12 NCAC 09B .0212, .0238, or .0242;

(2) have passed the comprehensive state exam as prescribed in 12 NCAC 09B .0408;

(3) have completed the 12 hours of field practice training as outlined in 12 NCAC 09B .0409; and

(4) meet one of the following requirements:

(A) hold active certification as a law enforcement officer; or

(B) be employed as a sheriff, deputy sheriff, or other sworn appointee with arrest authority governed by the provisions of G.S. 17E and be in compliance with the employment and training standards as established by the North Carolina Sheriffs' Education and Training Standards Commission, pursuant to 12 NCAC 10B .0400.

(d) Certified SMI operators shall be notified by email via the North Carolina Justice Training and Certification portal not less than 90 days prior to the expiration of certification. All applicants for re-certification shall complete a Commission-approved re-certification course within 12 months from the expiration of the previous certification. This prescribed 12 month period shall not extend the operator certification period beyond its specified expiration date. When a re-certification course is successfully completed prior to the expiration of the previous certification, the new certification shall be issued by the Criminal Justice Standards Division effective upon the receipt and review by Division staff of the required documentation outlined in 12 NCAC 09B .0409. Operator re-certification shall be issued only to officers with active law enforcement certification.

(e) If re-certification is not obtained within the prescribed 12-month period, the officer is no longer eligible for re-certification and must meet the requirements of initial operator certification, including completion of a RADAR, LIDAR, or RADAR/LIDAR operator training course as outlined in 12 NCAC 09B .0212(a), 12 NCAC 09B .0238(a), and 12 NCAC 09B .0242(a).

(f) RADAR operator certification is valid for a three-year period from the date of issue. Re-certification is also valid for a three-year period from the date of issue, unless sooner terminated by the Commission.

(g) LIDAR operator certification and re-certification shall only be issued when the applicant holds active RADAR operator certification. The expiration date of LIDAR operator certification and re-certification shall match the expiration date of the applicant's RADAR operator certification.

(h) An individual's SMI operator certification shall apply only to the instruments and modes of operation with which the individual has proven proficiency in the motor-skill and performance subject areas, pursuant to 12 NCAC 09B .0409(a)(3), during an SMI operator course pursuant to 12 NCAC 09B .0212, .0215, .0238, and .0242. Modes of operation include: stationary, moving-same direction, and moving-opposite direction.

History

  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted w/change Eff. July 1, 1982
  • Temporary Amendment Eff. February 24, 1984, for a period of 120 days to expire on June 22, 1984
  • Amended Eff. November 1, 2007; February 1, 2006; May 1, 2004; April 1, 1999; November 1,
  • 1993; March 1, 1992; February 1, 1991; December 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Emergency Amendment Eff. May 5, 2020; Emergency Amendment Expired Eff. July 31, 2020
  • Amended Eff. February 1, 2026.
12 NCAC 09C .0309 Lateral Transfer of Local Confinement Personnel {#sec-12-ncac-09c-.0309 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0309}

(a) An officer, supervisor or administrator with general certification, pursuant to 12 NCAC 09C .0304, may transfer from one local confinement facility to another local confinement facility, or may transfer from one county confinement facility to another county confinement facility with less than a 12-month break in service.

(b) Prior to employing the individual, the employing agency shall:

(1) verify the certification, pursuant to 12 NCAC 09C .0304, of the individual with the Standards Division;

(2) submit an up-to-date fingerprint check, pursuant to 12 NCAC 09B .0103;

(3) pursuant to 12 NCAC 09C .0302, advise the individual that he will be serving under a probationary appointment with the agency for one year;

(4) notify the Commission, by submitting a Report of Appointment, Form F-5A (LCP), that the individual is being employed and stating the date on which employment will commence. The Report of Appointment, Form F-5A (LCP) shall contain the following:

(A) Employing agency;

(B) Applicant's name, address, date of birth, and Social Security Number;

(C) Drug Screen result, pursuant to 12 NCAC 09C .0310; and

(D) Fingerprint Requirement, pursuant to 12 NCAC 09B .0103.

(b) Prior to transfer of certification, local confinement personnel shall:

(1) complete a Medical History Statement Form F-1 within one year prior to the transfer to the employing agency. The Medical History Statement Form F-1 shall contain the following information regarding the local confinement person being transferred;

(A) name, date of birth, address, telephone number;

(B) current medications, allergies, and past medical history;

(C) occupational history; and

(D) name and signature of a physician, physician assistant, or nurse practitioner who holds a current license in the United States to practice medicine, as issued by a state medical board,

(2) submit to examination by a physician who holds a current license to practice medicine in the United States pursuant to 12 NCAC 09B .0104 within one year prior to the transfer to the employing agency;

(3) submit results of the physical examination to the employing agency for placement in the individual's permanent personnel file; and

(4) produce a negative result on a drug screen administered according to the specifications outlined in 12 NCAC 09B .0101(5).

(c) Certified local confinement personnel who transfer to another agency within 12 months of leaving their previous position are exempt from meeting the educational or basic training requirements of this Rule. This exemption applies only if they were not initially required to meet these requirements when they were first employed by the agency from which they were transferring.

(d) No certification will be transferred if the holder has been convicted since initial certification of any offense for which revocation or suspension of certification is authorized.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Eff. June 1, 1986
  • Amended Eff. August 1, 1998; July 1, 1990; March 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. November 1, 2024.
12 NCAC 09C .0310 Agency Reporting of Drug Screening Results {#sec-12-ncac-09c-.0310 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0310}

(a) Every law enforcement officer shall produce a negative result on a drug screen administered according to the following specifications:

(1) the drug screen shall be a urine test consisting of an initial screening test using an immunoassay method and a confirmatory test on an initial positive result using a gas chromatography/mass spectrometry (GC/MS) or other initial and confirmatory tests authorized or mandated by the Department of Health and Human Services for Federal Workplace Drug Testing Programs;

(2) a chain of custody shall be maintained on the specimen from collection to the eventual discarding of the specimen. If the specimen is handled only by a medical professional or a third party provider and the laboratory utilizes federally mandated chain of custody procedures, then the agency does not need an inter-agency chain of custody procedure. If agency staff will be handling the urine specimen at any point, then agency staff must use an established chain of custody procedure. The chain of custody is an official document that establishes a process that tracks the movement of the urine specimen through its collection, safeguarding, and analysis lifecycle by documenting each person who handled the urine sample, the date/time it was collected or transferred, and the purpose of the transfer.

(3) the drug screen shall test for the presence of at least cannabis, cocaine, phencyclidine (PCP), opiates, and amphetamines or their metabolites; and

(4) the test threshold values meet the requirements established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs, as found in 82 FR 7920 (2017) incorporated by reference, including later amendments and editions found at no cost at https://www.federalregister.gov/documents/2017/01/23/2017-00979/mandatory-guidelines-for-federal-workplace-drug-testing-programs;

(5) conduct the test within 90 days of employment;

(6) pursuant to the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Urine (82 FR 7920), the laboratory conducting the test shall be certified for federal workplace drug testing programs, and shall adhere to applicable federal rules, regulations, and guidelines pertaining to the handling, testing, storage, and preservation of samples.

(b) The agency shall report in writing to the Criminal Justice Standards Division all refusals and all positive results of required drug screening obtained from applicants and lateral transfers. If the positive result were explained by the applicant or lateral transfer to the satisfaction of the Medical Review Officer, pursuant to the Mandatory Guidelines for Federal Workplace Drug Testing Programs (82 FR 7920), who holds a current license to practice medicine in the United States, as more likely than not caused by a source other than the unlawful use of substances listed in Subparagraph (b)(3) of this Rule, then the positive results are not required to be reported.

(c) The agency, if it conducts a drug screen for in-service officers, shall report in writing positive results or refusals to submit to an in-service drug screening to the Criminal Justice Standards Division within 30 days of the positive result or refusal, unless the officer has explained the positive result to the satisfaction of the Medical Review Officer, pursuant to the Mandatory Guidelines for Federal Workplace Drug Testing Programs (82 FR 7920) who holds a current license to practice medicine in the United States as more likely than not caused by a source other than the unlawful use of substances listed in Subparagraph (a)(3) of the Rule then the positive results are not required to be reported.

(d) For reporting purposes, a result is considered "positive" only in those cases where the drug screen reveals the presence of a controlled substance at a level equal to or greater than the threshold value, current at the time of the test, as established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs and incorporated by reference in this Rule.

(e) For reporting purposes, a result is considered "negative" only in those cases where the drug screen reveals the presence of a controlled substance at a level less than the threshold value as established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs and incorporated by reference in this Rule.

(f) All written reports required to be submitted to the Criminal Justice Standards Division by this Rule shall contain the individual's name, date of birth, either the date the test was administered or the date of the refusal, and a copy of the drug screen panel with the results of the medical officer review.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. July 1, 1990
  • Amended Eff. October 1, 2018; May 1, 2009
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. November 1, 2024; October 1, 2022.
12 NCAC 09C .0311 Recertification Following Separation {#sec-12-ncac-09c-.0311 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0311}

(a) Previously certified juvenile court counselors, chief court counselors, and juvenile justice officers who have completed a minimum of one year of service with the North Carolina Department of Public Safety's Division of Juvenile Justice and have been separated from the North Carolina Department of Public Safety's Division of Juvenile Justice for less than three years may have their certification reinstated to a probationary status following a reverification of employment standards as outlined in 12 NCAC 09B .0116 and .0117. These individuals shall be exempt from the completion of the appropriate basic training course as described in 12 NCAC 09B .0235 and .0236, provided the basic training was completed prior to separation.

(b) Previously certified juvenile court counselors, chief court counselors, and juvenile justice officers who served less than one year with the North Carolina Department of Public Safety's Division of Juvenile Justice and who have been separated for less than two years may have their certification reinstated following a reverification of employment standards as outlined in 12 NCAC 09B .0116 and .0117. These individuals shall complete the appropriate basic training course as described in 12 NCAC 09B .0235 and .0236 unless the basic training course was successfully completed prior to separation and the training occurred within 12 months of reinstatement.

(c) Previously certified juvenile court counselors, chief court counselors, and juvenile justice officers who have been separated from the North Carolina Department of Public Safety's Division of Juvenile Justice for more than three years, regardless of the length of prior service, shall complete the verification of employment standards as outlined in 12 NCAC 09B .0116 and .0117 and shall complete the appropriate basic training course described in 12 NCAC 09B .0235 and .0236, to be eligible for subsequent certification.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Eff. May 1, 2023
  • Amended Eff. February 1, 2026.
12 NCAC 09C .0401 Accreditation of Criminal Justice Schools {#sec-12-ncac-09c-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0401}

(a) Any school applying for accreditation or re-accreditation, pursuant to G.S. 17C-6 shall submit a completed Request for School Accreditation, Form F-10(SA). The Form F-10(SA) is available on the agency's website: http://www.ncdoj.gov/getdoc/9134b822-24a7-4d70-8a3b-b2bd807100c4/F-10(SA)-6-11.aspx. The F-10(SA) Request for School Accreditation shall contain the following:

(1) The name of the requesting institution/agency;

(2) The mailing address, phone number, and name of the institution head or executive officer;

(3) The name, title or rank, address and phone number of the School Director

(4) The type of Commission approved training course in which accreditation is being sought;

(5) The type and location of all facilities to be used in administering the Commission approved training course; and

(6) The signature of the institution head or executive officer.

(b) Upon receipt of a completed Request for School Accreditation application:

(1) The Standards Division staff reviews the application and conducts a site visit to tour facilities, confirm information on the application, and determine if and where deficiencies exist;

(2) The Standards Division Staff contacts the applying institution or agency concerning deficiencies and provides assistance on correcting problem areas;

(3) The Standards Division staff recommends to the Education and Training Committee when the accredited institution has satisfied the requirements outlined in 12 NCAC 09B .0200; and

(4) The Education and Training Committee recommends to the full Commission at its next regularly scheduled meeting the approval or denial of accreditation for the applicant institution or agency.

(c) Accreditation or re-accreditation of a school shall remain effective for five years from issuance unless earlier suspended or revoked for failure to maintain compliance with the requirements set forth in 12 NCAC 09B .0200, Minimum Standards for Criminal Justice Schools and Criminal Justice Training Programs or Courses of Instruction.

(d) In instances where the Education and Training Committee determines the school seeking reaccreditation is not in compliance with 12 NCAC 09B .0200, the school application and staff reports shall be reviewed by the Probable Cause Committee, as specified in 12 NCAC 09A .0201.

(e) The Commission, by and through the Probable Cause Committee, shall summarily suspend the accreditation of a criminal justice school if the public health, safety, or welfare requires action pursuant to G.S. 150B-3.

(1) For the purpose of considering a summary suspension of accreditation, the Probable Cause Committee shall meet only during its regularly scheduled quarterly meeting or upon notice given by mail, telephone, or other means not less than 48 hours in advance of the meeting;

(2) This summary suspension shall be effective on the date specified in the order of the summary suspension. A summary suspension becomes effective upon oral notification to the executive officer or officers of the institution or agency sponsoring any criminal justice training program or course of instruction by the Director that the accreditation of the school is being summarily suspended. The school shall not perform any duties or conduct any courses requiring accreditation by the Commission;

(3) The summary suspension shall remain effective during the proceedings for suspension and revocation, pursuant to 12 NCAC 09A .0201 and .0207;

(4) The summary suspension shall be returned for a full hearing before the Probable Cause Committee at the next scheduled Commission meeting.

(f) The Commission shall suspend or revoke a school's accreditation when it finds that the school has failed to meet

or continuously maintain any requirement, standard, or procedure for school or course accreditation.

History

  • Authority G.S. 17C-6; 17C-11
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2004, January 1, 1996
  • Temporary Amendment Eff. January 1, 2007
  • Temporary Amendment Expired October 13, 2007
  • Amended Eff. February 1, 2016; April 1, 2008
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Emergency Amendment Eff. May 21, 2024
  • Temporary Amendment Eff. August 1, 2024
  • Amended Eff: May 1, 2025.
12 NCAC 09C .0402 Accreditation of Training Courses {#sec-12-ncac-09c-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0402}

(a) An accredited criminal justice school shall apply for accreditation for each of its courses by submitting a completed Request for Training Course Accreditation.

(b) One of two types of accreditation may be sought by the school, depending upon the nature of the course for which accreditation is sought.

(1) Temporary accreditation shall apply to courses being offered by an accredited school on a one-time or infrequent basis and will remain effective for the duration of the specified course offering, not in excess of one year.

(2) Continuing accreditation shall apply to courses offered on a regular or continuous basis by an accredited school and will remain effective until surrendered, revoked, or the school's accreditation expires or is suspended or revoked.

(c) The Commission may suspend or revoke the accreditation of a course when it finds that the school has failed to meet or to continuously maintain any requirement, standard, or procedure for course accreditation.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09C .0403 Reports of Training Course Presentation and Completion {#sec-12-ncac-09c-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0403}

(a) Each presentation of a Commission-accredited training course shall be reported to the Commission as follows:

(1) After acquiring accreditation for the course and before commencing each delivery of the course, the school director shall notify the Commission of the school's intent to offer the training course by submitting a Form F-10A Pre-delivery Report of Training Course Presentation. The Pre-Delivery Report of Training Course Presentation Form F-10A shall contain the number of training hours, training delivery period, location of training, and estimated number of attendees; and

(2) Not more than 10 days after completing delivery of the accredited course, the school director shall notify the Commission regarding the progress and achievement of each enrolled trainee by submitting a Form F-10B Post-delivery Report of Training Course Presentation, pursuant to 12 NCAC 09C .0212, and entering all student scores and class documents in the Acadis platform.

(b) Upon completion of a Commission-accredited training course by Juvenile Justice Officer and Chief/Juvenile Court Counselor trainees, the director of the school conducting such course shall notify the Commission of the achievement of trainees by submitting a Report of Training Course Completion Form F-11, pursuant to 12 NCAC 09B .0235.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 1981
  • Amended Eff. January 1, 2015; August 1, 2002; August 1, 2000; December 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2025; January 1, 2025.
12 NCAC 09C .0404 Pilot Course Presentation/Participation {#sec-12-ncac-09c-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0404}

(a) Consistent with the curriculum development policy of the Commission, the Education and Training Committee shall recommend to the commission the delivery system and the developer of course curricula. Designation of the developer of course curricula by the Commission shall be deemed as approval of the developer to conduct pilot courses.

(b) Individuals who successfully complete a pilot course offering shall not be required by other rules of this Chapter to complete additional training for that specific certification program. Such pilot training courses shall be recognized for purposes of certification or recertification.

History

  • Authority G.S. 17C-6
  • Eff. February 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09C .0501 Purpose and Requirements of Accreditation {#sec-12-ncac-09c-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0501}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. August 15, 1981
  • Amended Eff. April 1, 1984
  • Repealed Eff. July 1, 1989.
12 NCAC 09C .0502 Delivery of Programs {#sec-12-ncac-09c-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0502}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. August 15, 1981
  • Amended Eff. April 1, 1984
  • Repealed Eff. July 1, 1989.
12 NCAC 09C .0503 Students {#sec-12-ncac-09c-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0503}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. August 15, 1981
  • Amended Eff. April 1, 1984
  • Repealed Eff. July 1, 1989.
12 NCAC 09C .0504 Instructors {#sec-12-ncac-09c-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0504}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. August 15, 1981
  • Amended Eff. April 1, 1984
  • Repealed Eff. July 1, 1989.
12 NCAC 09C .0505 Post-Delivery Training Course Report {#sec-12-ncac-09c-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0505}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. August 15, 1981
  • Amended Eff. April 1, 1984
  • Repealed Eff. July 1, 1989.
12 NCAC 09C .0601 Approved Speed-Measuring Instruments {#sec-12-ncac-09c-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0601}

(a) Prior to approval as a speed measuring instrument, the manufacturer of said instrument shall certify in writing to the Criminal Justice Standards Division that said instrument meets or exceeds the applicable standards set out in the "Model Performance Specifications for Police Traffic Radar Devices" as published by the National Highway Traffic Safety Administration, United States Department of Transportation (as in effect July 1, 1982) which is hereby incorporated by reference, and shall include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6. Copies of this publication may be obtained at no cost from the Department of Justice website: https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/#91-105-wpfd-smi.

(b) Prior to approval, speed measuring instruments shall be evaluated for law-enforcement use in North Carolina by representatives from the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Department of Public Safety, as outlined in "Appendix A: Approved List of Speed Measuring Instruments" as published by the North Carolina Justice Academy, which is hereby incorporated by reference, and shall include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6. Copies of this publication may be obtained at no cost from the Department of Justice website: https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/#91-105-wpfd-smi. A summary of the findings shall be submitted in writing to the Criminal Justice Standards Division's Speed Measurement Instrument Program Administrator.

History

  • Authority G.S. 17C-6
  • Eff. November 1, 1981
  • Readopted w/change Eff. July 1, 1982
  • Amended Eff. November 1, 2007; May 1, 2004; November 1, 1998; August 1, 1998; August 1, 1995; January 1, 1995; November 1, 1993; February 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026.
12 NCAC 09C .0602 Testing: Accuracy {#sec-12-ncac-09c-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0602}

History

  • Status: repealed
  • Authority G.S. 8-50.2; 17C-6
  • Eff. November 1, 1981
  • 12 NCAC 9C .0602 and .0606 Readopted Eff. July 1, 1982
  • 12 NCAC 9C .0603, .0604, .0605 Readopted w/change Eff. July 1, 1982
  • Amended Eff. January 1, 1995; November 1, 1993; February 1, 1991; July 1, 1989
  • December 1, 1987
  • January 1, 1983
  • Repealed Eff. August 1, 1998.
12 NCAC 09C .0603 Testing: Radio Microwave (radar) {#sec-12-ncac-09c-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0603}

History

  • Status: repealed
  • Authority G.S. 8-50.2; 17C-6
  • Eff. November 1, 1981
  • 12 NCAC 9C .0602 and .0606 Readopted Eff. July 1, 1982
  • 12 NCAC 9C .0603, .0604, .0605 Readopted w/change Eff. July 1, 1982
  • Amended Eff. January 1, 1995; November 1, 1993; February 1, 1991; July 1, 1989
  • December 1, 1987
  • January 1, 1983
  • Repealed Eff. August 1, 1998.
12 NCAC 09C .0604 Testing: Time-Distance {#sec-12-ncac-09c-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0604}

History

  • Status: repealed
  • Authority G.S. 8-50.2; 17C-6
  • Eff. November 1, 1981
  • 12 NCAC 9C .0602 and .0606 Readopted Eff. July 1, 1982
  • 12 NCAC 9C .0603, .0604, .0605 Readopted w/change Eff. July 1, 1982
  • Amended Eff. January 1, 1995; November 1, 1993; February 1, 1991; July 1, 1989
  • December 1, 1987
  • January 1, 1983
  • Repealed Eff. August 1, 1998.
12 NCAC 09C .0605 Operating Procedures {#sec-12-ncac-09c-.0605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0605}

History

  • Status: repealed
  • Authority G.S. 8-50.2; 17C-6
  • Eff. November 1, 1981
  • 12 NCAC 9C .0602 and .0606 Readopted Eff. July 1, 1982
  • 12 NCAC 9C .0603, .0604, .0605 Readopted w/change Eff. July 1, 1982
  • Amended Eff. January 1, 1995; November 1, 1993; February 1, 1991; July 1, 1989
  • December 1, 1987
  • January 1, 1983
  • Repealed Eff. August 1, 1998.
12 NCAC 09C .0606 Concurrent Responsibility and Approval {#sec-12-ncac-09c-.0606 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0606}

History

  • Status: repealed
  • Authority G.S. 8-50.2; 17C-6
  • Eff. November 1, 1981
  • 12 NCAC 9C .0602 and .0606 Readopted Eff. July 1, 1982
  • 12 NCAC 9C .0603, .0604, .0605 Readopted w/change Eff. July 1, 1982
  • Amended Eff. January 1, 1995; November 1, 1993; February 1, 1991; July 1, 1989
  • December 1, 1987
  • January 1, 1983
  • Repealed Eff. August 1, 1998.
12 NCAC 09C .0607 Speed-Measuring Instrument Annual Accuracy Tests and Daily Operational Procedures {#sec-12-ncac-09c-.0607 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0607}

(a) All requirements for accuracy testing methods and operational procedures for speed measuring instruments used by law enforcement officers and agencies to measure the speed of vehicles for enforcement of speed laws and regulations shall conform with G.S. 8-50.2 and G.S. 17C-6.

(b) Each speed measuring instrument shall be tested for accuracy within a 12-month period prior to each use of the instrument for speed enforcement purposes, as outlined in "Appendix B: Annual Tests for Accuracy Requirements" published by the North Carolina Justice Academy, which is hereby incorporated by reference, and shall include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6. Copies of this publication may be obtained at no cost from the Department of Justice website: https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/#91-105-wpfd-smi. The results of the tests shall be recorded on Form SMI-9 for RADAR instruments and Form SMI-12 for LIDAR instruments, pursuant to 12 NCAC 09I .0106.

(c) On a daily basis, speed measuring instruments must be calibrated and tested for accuracy by the certified SMI operator prior to using the instrument for speed enforcement purposes. The tests shall be conducted according to the recommendations of the instrument's manufacturer and include tuning fork tests for each of the instrument's modes of operation.

(d) The daily operating procedures by SMI operators of each speed measuring instrument shall be in accordance with the instrument's manufacturer recommendations and conform with G.S. 8-50.2. The daily operating procedures are outlined in "Appendix C: Daily Tests for Accuracy Requirements & Operating Procedures" as published by the North Carolina Justice Academy, which is hereby incorporated by reference, and shall include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6. Copies of this publication may be obtained at no cost from the Department of Justice website https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/#91-105-wpfd-smi.

History

  • Authority G.S. 8-50.2; 17C-6
  • Eff. August 1, 1998
  • Amended Eff: May 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026.
12 NCAC 09C .0608 Speed-Measuring Instrument Operating Procedures {#sec-12-ncac-09c-.0608 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09C .0608}

History

  • Status: repealed
  • Authority G.S. 8-50.2; 17C-6
  • Eff. August 1, 1998
  • Amended Eff. November 1, 2007; May 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.

Subchapter D

12 NCAC 09D .0101 Law Enforcement Professional Certificate Program {#sec-12-ncac-09d-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09D .0101}

(a) Applicants who meet the qualifications set forth in this Rule shall be eligible to receive a Law Enforcement Officer's Professional Certificate. Based on the applicant's qualifications, this Professional Certificate is defined as either an Intermediate or Advanced Certificate. Advanced Certificates shall be approved by Commission vote at regularly scheduled meetings prior to being awarded.

(b) To be eligible for either Intermediate or Advanced Certificates, applicants shall meet the following qualifications:

(1) The applicant shall be a full-time employee of a law enforcement agency within the State and hold general law enforcement certification pursuant to 12 NCAC 09C .0304; or

(2) The applicant shall be a full-time employee of a law enforcement agency within the State, who has previously held general law enforcement officer certification pursuant to 12 NCAC 09C .0304 but is presently, by virtue of direct promotion or transfer from the certified law enforcement position, serving in a position not subject to certification.

(3) The applicant shall be in good standing with their employing agency at the date of application.

(c) An officer subject to suspension or revocation proceedings, probation subsequent to suspension or revocation proceedings, or under investigation for possible decertification action by the Commission pursuant to 12 NCAC 09A .0206, the Company and Campus Police Program pursuant to either 12 NCAC 02I .0214 or 12 NCAC 09J .0211, or the North Carolina Sheriffs' Education and Training Standards Commission pursuant to 12 NCAC 10B .0206, shall not be eligible for professional certificates for the pendency of the proceeding or the period of probation.

(d) Eligibility for either Intermediate or Advanced Certificates shall be based upon a formula which combines formal education, law enforcement training, and service as a law enforcement employee pursuant to Subparagraph (d)(4) of this Rule. Eligibility shall be computed in the following manner:

(1) The applicant's highest educational degree will be given a point value. Graduate degrees will be worth 15 points, Bachelor's degrees will be worth 12 points, and Associate's degrees will be worth 7 points;

(2) Each semester hour of college or university credit earned in pursuit of an educational degree not yet completed by the applicant shall equal one-tenth of a point, and each quarter hour of college or university credit earned shall equal one-fifteenth of a point. The total points earned in this manner shall not equal or exceed the number of points that would be given for the degree upon completion;

(3) Twenty classroom or practical skills assessment hours of Commission-approved law enforcement training shall equal one point. No points shall be awarded for completing Commission-approved courses that are required to obtain or maintain law enforcement certification, including basic law enforcement training and in-service training courses. Additionally, no points will be awarded for the maintenance of specialized law enforcement training;

(4) Each full year of service as a full-time employee of a North Carolina criminal justice agency, or equivalent service as determined by the Commission, shall fulfill a requisite year of creditable service. For the purposes of this Rule, "equivalent service" includes full-time, sworn employment within the State, out-of-state, or with a federal law enforcement agency or the military police.

(e) Applicants for the Intermediate Law Enforcement Certificate shall have acquired a minimum of four years of full-time law enforcement service and a minimum of 30 total education and training points.

(f) Applicants for the Advanced Law Enforcement Certificate shall have acquired a minimum of nine years of full-time law enforcement service and a minimum of 60 total education and training points.

(g) All applicants for either Intermediate or Advanced Certificates shall submit a completed Application for Award of Professional Certificate Form F-6 (LE), pursuant to 12 NCAC 09I .0107, to the employing agency in-service training coordinator or agency head of the applicant's employing agency.

(h) Documentary evidence of college or university graduation shall be submitted with the application pursuant to 12 NCAC 09B .0106.

(i) Documentation of training submitted to the Division shall include training records, signed by the employing agency in-service training coordinator or agency head, that indicate the number of training contact hours.

(j) Replacement certificates may be requested by a completed Request for Replacement of Professional Certificate Form F-7, pursuant to 12 NCAC 09I .0107. An applicant shall have been previously awarded either an Intermediate or Advanced Certificate to be able to receive a replacement.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026.
12 NCAC 09D .0102 General Provisions {#sec-12-ncac-09d-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09D .0102}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. June 1, 2012; August 1, 2002; August 1, 1995; May 1, 1986; April 1, 1984; January 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09D .0103 Basic Law Enforcement Certificate {#sec-12-ncac-09d-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09D .0103}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Repealed Eff. August 1, 2002.
12 NCAC 09D .0104 Intermediate Law Enforcement Certificate {#sec-12-ncac-09d-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09D .0104}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2002; August 1, 1995; May 1, 1986; January 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09D .0105 Advanced Law Enforcement Certificate {#sec-12-ncac-09d-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09D .0105}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2002; August 1, 1995; May 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09D .0106 Method of Application {#sec-12-ncac-09d-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09D .0106}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. January 1, 1981
  • Amended Eff. August 1, 2002; August 1, 1995; May 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09D .0201 Juvenile Justice Professional Certificate Program {#sec-12-ncac-09d-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09D .0201}

(a) Applicants who meet the qualifications set forth in this Rule shall be eligible to receive a Juvenile Justice Professional Certificate. Based on the applicant's qualifications, this Professional Certificate is defined as either an Intermediate or Advanced Certificate. Advanced Certificates shall be approved by Commission vote at regularly scheduled meetings prior to being awarded.

(b) To be eligible for either Intermediate or Advanced Certificates, applicants shall meet the following qualifications:

(1) The applicant shall be a full-time employee of the Division of Juvenile Justice and shall hold general Juvenile Justice Officer certification pursuant to 12 NCAC 09B .0117 or 09B .0116; or

(2) The applicant shall have previously held the certification listed in Subparagraph (d)(1) of this Rule and, by virtue of direct promotion or transfer from a certified position, currently serve in a permanent, full-time position not subject to certification for the Division of Juvenile Justice; and

(3) The applicant shall be in good standing with the Division of Juvenile Justice at the date of application.

(c) An applicant subject to suspension or revocation proceedings, probation subsequent to suspension or revocation proceedings, or under investigation for possible decertification action by the Commission pursuant to 12 NCAC 09A .0206, the Company and Campus Police Program pursuant to either 12 NCAC 02I .0214 or 12 NCAC 09J .0211, or the North Carolina Sheriffs' Education and Training Standards Commission pursuant to 12 NCAC 10B .0206, shall not be eligible for professional certificates for the pendency of the proceeding or the period of probation.

(d) Eligibility for Intermediate or Advanced Certificates shall be based upon a formula which combines formal education, Juvenile Justice training, and service as a Juvenile Justice employee pursuant to Subparagraph (d)(4) of this Rule. Eligibility shall be computed in the following manner:

(1) The applicant's highest educational degree will be given a point value. Graduate degrees will be worth 15 points, Bachelor's degrees will be worth 12 points, and Associate's degrees will be worth 7 points;

(2) Each semester hour of college or university credit earned in pursuit of an educational degree not yet completed by the applicant shall equal one-tenth of a point, and each quarter hour of college or university credit earned shall equal one-fifteenth of a point. The total points earned in this manner shall not equal or exceed the number of points that would be given for the degree upon completion;

(3) Twenty classroom or practical skills assessment hours of Commission-approved Juvenile Justice training shall equal one point. No points will be awarded for the maintenance of specialized Juvenile Justice training;

(4) Each full year of service as a full-time employee of the Division of Juvenile Justice, or equivalent service as determined by the Commission, shall fulfill a requisite year of creditable service. For the purposes of this Rule, "equivalent service" includes service in a permanent, full-time, paid position in a federal or out-of-state Juvenile Justice institution.

(e) Applicants for the Intermediate Juvenile Justice Certificate shall have acquired a minimum of four years of full-time Juvenile Justice service and a minimum of 30 total education and training points.

(f) Applicants for the Advanced Juvenile Justice Certificate shall have acquired a minimum of nine years of full-time criminal justice service and a minimum of 80 total education and training points.

(g) All applicants for either Intermediate or Advanced Certificates shall submit a completed Application for Award of Professional Certificate Form F-6 (DJJ), pursuant to 12 NCAC 09I .0107, to the Division of Juvenile Justice agency head.

(h) Documentary evidence of college or university graduation shall be submitted with the application pursuant to 12 NCAC 09B .0106.

(i) Documentation of training submitted to the Division shall include training records, signed by the Division of Juvenile Justice agency head, that indicate the number of training contact hours.

(j) Replacement certificates may be requested by submitting a completed Request for Replacement of Professional Certificate Form F-7, pursuant to 12 NCAC 09I .0107. An applicant shall have been previously awarded either an Intermediate or Advanced Certificate to be able to receive a replacement.

History

  • Authority G.S. 17C-6
  • Eff. August 15, 1981
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026.
12 NCAC 09D .0202 General Provisions {#sec-12-ncac-09d-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09D .0202}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. August 15, 1981
  • Amended Eff. June 1, 2012; August 1, 2002; December 1, 1987; May 1, 1986; July 1, 1982
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09D .0203 Basic Criminal Justice Certificate {#sec-12-ncac-09d-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09D .0203}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. August 15, 1981
  • Repealed Eff. October 1, 2018
  • Expired Eff. June 1, 2019 pursuant to G.S. 150B-21.3A.
12 NCAC 09D .0204 Intermediate Criminal Justice Certificate {#sec-12-ncac-09d-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09D .0204}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. August 15, 1981
  • Amended Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09D .0205 Advanced Criminal Justice Certificate {#sec-12-ncac-09d-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09D .0205}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. August 15, 1981
  • Amended Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09D .0206 Method of Application {#sec-12-ncac-09d-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09D .0206}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Eff. August 15, 1981
  • Amended Eff. May 1, 1986
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.

Subchapter E

12 NCAC 09E .0101 Purpose {#sec-12-ncac-09e-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09E .0101}

In order to ensure a minimum level of proficiency in specific topical areas for law enforcement officers serving the governmental agencies within the state, the Commission establishes the law enforcement officers' annual in-service training program.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. July 1, 1989
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09E .0102 Required Annual in-Service Training Topics {#sec-12-ncac-09e-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09E .0102}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Eff. July 1, 1989
  • Amended Eff. January 1, 2005
  • Temporary Amendment Eff. January 1, 2005
  • Amended Eff. February 1, 2011; January 1, 2010; April 1, 2009; April 1, 2008; February 1, 2007; January 1, 2006
  • Repealed Eff. February 1, 2013.
12 NCAC 09E .0103 state or local law enforcement AGENCY HEAD RESPONSIBILITIES: ANNUAL IN-SERVICE TRAINING {#sec-12-ncac-09e-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09E .0103}

The State or local law enforcement agency head, for any agency employing individuals certified as law enforcement officers, shall ensure that the annual in-service training is conducted according to specifications pursuant to 12 NCAC 09E .0111. In addition, the State or local law enforcement agency head or designated representative shall:

(1) ensure all annual in-service training topics are delivered either in person or through the North Carolina Justice Training and Certification portal, or by a North Carolina community college;

(2) review departmental policies regarding the use of force during the agency's annual in-service training program; and

(3) report to the Criminal Justice Standards Division once each calendar year a roster of all law enforcement officers who fail to successfully complete the annual in-service training pursuant to 12 NCAC 09E .0111, and shall certify that all law enforcement officers in the agency not listed did successfully complete the training. This roster shall reflect the annual in-service status of all law enforcement officers employed by the agency as of December 31 of each calendar year and shall be received by the Criminal Justice Standards Division no later than the following January 15th. Officers having completed Basic Law Enforcement Training as a full-time student or lateral transfer and passed the comprehensive state final examination in this same calendar year must complete the annual in-service training for the year if they were sworn in between January 1st and June 30th of that year. Officers sworn in between July 1st and December 31st must complete the annual in-service training by June 30th of the following year, and

(4) maintain in each officer's file documentation that the officer has completed the annual in-service training requirement; and

(5) where the officer fails to successfully qualify with any of the weapons specified in Rule 09E .0106(a) and (b) of this Section, prohibit access to such weapon(s) until such time as the officer obtains qualification; and

(6) where the officer fails to successfully qualify with any of the weapons specified in Rule 09E .0106(d) of this Section, prohibit the possession of such weapon(s) while on duty or when acting in the discharge of that agency's official duties, and shall deny the officer authorization to carry such weapon(s) concealed when off-duty, except when the officer is on his own premises; and

(7) where an officer has access to any specialized or tactical weapon(s) not specifically covered in Rule .0106(a) and (b) of this Section, prohibit the officer's use of the weapon(s) while engaged in the officer's official capacity unless the agency head determines the officer is competent to use the weapon in a lawful and prudent manner based upon the officer's experience, training, education, and disciplinary record.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. July 1, 1989
  • Amended Eff. January 1, 2005; January 1, 1995
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2025; March 1, 2024.
12 NCAC 09E .0104 Instructors: Annual in-Service Training {#sec-12-ncac-09e-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09E .0104}

The following requirements and responsibilities are hereby established for instructors who conduct the law enforcement officers' annual in-service training program:

(1) The instructor shall hold Instructor Certification issued by the Commission as outlined in 12 NCAC 09B .0302, 09B .0304, and 09B .0306, except for instructors who exclusively deliver:

(a) CPR certifications that include cognitive and skills testing;

(b) use of equipment training conducted by a manufacturer, manufacturer's representative or a service provider and documented through a certificate of completion; or

(c) Incident Command System training for NIMS (National Incident Management System) compliance who are certified through FEMA (Federal Emergency Management Agency) as Incident Command Instructors.

(2) Each instructor certified by the Commission to teach in a Commission-accredited basic training, Speed Measuring Instrument Operator or Instructor training, Instructor or Specialized Instructor training, or Commission-approved in-service training course shall complete all instructor training required by this Chapter.

(3) Instructors who teach a required in-service training topic, other than a topic taught pursuant to Paragraph (1) of this Rule shall achieve a passing grade on a topic specific test developed by the North Carolina Justice Academy or by the agency delivering the training before delivering the topic of instruction.

(4) Instructors who teach a required in-service training topic online shall also complete the in-service training for the topic he or she will be teaching before delivering the topic of instruction.

(5) Instructors who teach an in-service training topic in a traditional classroom format will receive credit toward their own in-service training requirements, provided that they pass all required tests, as outlined in this section, and have their instruction documented by the Agency Head or In-Service Training Coordinator once completed.

(6) The instructor shall deliver the training consistent with the specifications established in Rule .0106 of this Section.

(7) The instructor shall report the successful or unsuccessful completion of training for each officer to the Agency Head.

(8) When the officer fails to qualify with a weapon, the instructor shall inform the officer of the failure to qualify. The instructor shall then provide the officer with Firearms Qualification Record Form F-9A which the officer is required to sign. This form shall instruct the officer not to use the weapon and shall require the officer to notify the Agency Head or designated representative within 24 hours of the qualification failure. Additionally, the instructor shall provide this form to the Agency Head or designated representative within 72 hours of the qualification failure. The Form F-9A Firearms Qualification Record shall contain the following:

(a) officer's name and appointing agency;

(b) instructor's name and signature;

(c) date the classroom section was completed;

(d) officer's acknowledgment of qualification scores; and

(e) firearms score sheet.

All Commission forms are available for download on the Criminal Justice Standards Division website: https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. July 1, 1989
  • Amended Eff. July 1, 2016; May 1, 2014; February 1, 2013; April 1, 2008; January 1, 2006; January 1, 2005
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2025, July 1, 2020.
12 NCAC 09E .0105 Minimum Training Specifications: Annual in Service Training {#sec-12-ncac-09e-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09E .0105}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Eff. July 1, 1989
  • Amended Eff. January 1, 2005; November 1, 1998
  • Temporary Amendment Eff. January 1, 2005
  • Amended Eff. January 1, 2019; January 1, 2018; January 1, 2017; July 1, 2016; January 1, 2016; January 1, 2015; February 1, 2014; June 1 ,2012; February 1, 2011; January 1, 2010; April 1, 2009; April 1, 2008; February 1, 2007; January 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2022; January 1, 2021; January 1, 2020
  • Repealed Eff. November 1, 2024.
12 NCAC 09E .0106 Annual Firearms Qualification Specifications {#sec-12-ncac-09e-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09E .0106}

(a) All certified law enforcement officers shall qualify for both day and low-light use with each department-approved service handgun prior to carrying the handgun in the performance of law enforcement duties, pursuant to 12 NCAC 09E .0103(5) and (6), and at least once each calendar year thereafter. For the purpose of this specification, service handgun shall include any semi-automatic pistol or revolver.

(b) The Accuracy Qualification course of fire shall meet the following minimum requirements for Day Accuracy Qualification:

(1) No fewer than thirty (30) rounds

(2) Firing from the three (3), five (5), seven (7), ten (10), fifteen (15), and twenty-five (25) yard lines shall consist of no more than the following percentage of shots at each yard line:

(A) 3 yard line: 10%

(B) 5yard line: 12%

(C) 7 yard line: 30%

(D) 10 yard line: 20%

(E) 15 yard line: 25%

(F) 25 yard line: 20%

(3) Firing at least two rounds from each of the following positions:

(A) Standing

(B) Kneeling,

(C) Barricade

(4) Firing at least two rounds dominant hand only

(5) Firing at least two rounds support hand only

(6) Fire after drawing from the holster

(7) At least one stage that includes a mandatory magazine change

(c) The Accuracy Qualification course of fire shall meet the following minimum requirements for Low-Light Accuracy Qualification:

(1) No fewer than thirty (30) rounds

(2) Firing from the three (3), five (5), seven (7), ten (10), and fifteen (15) yard lines shall consist of no more than the following percentage of shots at each yard line:

(A) 3 yard line: 13%

(B) 5 yard line: 26%

(C) 7 yard line: 24%

(D) 10 yard line: 24%

(E) 15 yard line: 24%.

(3) Firing at least two rounds from the following positions:

(A) Standing

(B) Kneeling

(4) Firing at least two rounds dominant hand only

(5) Firing at least two rounds support hand only

(6) Firing after drawing from the holster

(7) At least one stage that includes a mandatory magazine change

(8) At least one stage that includes the required use of a flashlight or weapon-mounted light

(9) At least one stage that includes the use of blue lights

(10) At least one stage that includes the use of low-beam headlights and blue lights.

(11) At least one stage that includes the use of headlights, blue lights, and all available lighting.

(d) All certified law enforcement officers shall successfully complete a Decision Making Qualification course for both day and low-light at least once each calendar year.

(e) The Decision Making Qualification course shall meet the following minimum requirements:

(1) Day Decision Making Qualification:

(A) No fewer than three decision points within the course

(B) Required target discrimination decision (shoot/no-shoot)

(C) Required articulation by the officer of a minimum of two decisions made during the course

(D) Shall contain a detailed diagram of the decision-making course, with a written explanation of the course, and a scoring matrix outlining what constitutes passing and failing performance, which shall be maintained in an Annual Qualification file by the agency and made available for audit.

(2) Low-Light Decision Making Qualification:

(A) No fewer than three decision points within the course

(B) Required target discrimination decision (shoot/no-shoot)

(C) Required use of a flashlight, weapon mounted light, or other shooter-controlled light source

(D) Required articulation by the officer of a minimum of two decisions made during the course

(E) Shall contain a detailed diagram of the decision-making course, with a written explanation of the course, and a scoring matrix outlining what constitutes passing and failing performance, which shall be maintained in an Annual Qualification file by the agency, and made available for audit,

(f) If an officer's service handgun is replaced with another service handgun of the same make and model, the officer shall complete the Day Accuracy Qualification with the new service handgun within 15 days of issuance.

(g) All certified law enforcement officers who are issued or authorized to use a shotgun, rifle, or automatic weapon shall qualify with each weapon respectively for both day and low-light use prior to carrying the weapon in the performance of law enforcement duties, pursuant to 12 NCAC 09E .0103(5) and (6), and at least once each calendar year thereafter.

(h) The accuracy qualification courses required by Paragraphs (a) through (c) of this Rule shall be completed with duty equipment and duty ammunition or ballistic-equivalent ammunition, including lead-free ammunition that meets the same point of aim, point of impact, and felt recoil of the duty ammunition for all weapons.

(i) All certified law enforcement officers who are issued or authorized to use a less-lethal weapon, that may also be classified as a firearm, shall qualify with each weapon respectively, in compliance with the manufacturers specifications or certification requirements prior to carrying the weapon in the performance of law enforcement duties, pursuant to 12 NCAC 09E .0103(7), and as required by the manufacturer thereafter.

(j) For the purposes of this Rule, low light for an outdoor range is defined as beginning 30 minutes after sunset, based on the time provided by the U.S. Naval Observatory chart (located here: https://aa.usno.navy.mil/data/RS_OneYear) for the date of qualification, specific to the location of the outdoor range. For an indoor range, transition to a low-light environment occurs by cutting off the lighting and is not defined by a specific time.

(k) Pursuant to G.S. 14-269 and the Law Enforcement Officers Safety Act of 2004, H.R.218, 108th Cong. (2004), (located here: https://www.congress.gov/bill/108th-congress/house-bill/218), all certified law enforcement officers who are authorized to carry an off-duty or secondary handgun shall qualify with each such handgun consistent with the specifications outlined in Paragraphs (a) through (c) of this Rule.

(l) To satisfy the requirements for all firearms accuracy qualifications, an officer shall attain at least 80 percent accuracy with each weapon.

(m) To satisfy the requirements for all decision making qualification courses, an officer shall attain a passing score as outlined by the specific courses scoring matrix.

(n) Each Day Accuracy Qualification course and Low-Light Accuracy Qualification course:

(1) Shall be completed successfully on a single day, once out of three attempts.

(2) Failure to qualify within three attempts on a single day is deemed a failure.

(3) Once qualification has begun, if an officer is unsuccessful at any qualification attempt and fails to complete three attempts in a single day, the officer is deemed to have failed to qualify.

(4) No practice is allowed once qualification begins. Practice is not allowed until after the officer qualifies successfully or the third qualification attempt is completed.

(5) Shall be completed with each weapon for which qualification is required

(6) Each Qualification course may take place on different days; however, all three attempts to qualify for that course shall occur on that day.

(7) Once an officer has failed to qualify in three attempts or failed to complete three attempts to qualify in a single day on any Qualification course, Access to the weapon shall be restricted until such time the officer successfully qualifies with the weapon. The restriction is pursuant to Rule .0103 (4) and (5) of this Section.

(o) Each Day Decision Making Qualification course and Low-Light Decision Making Qualification course:

(1) Shall be completed successfully on a single day, once out of three attempts.

(2) Failure to qualify within three attempts on a single day is deemed a failure.

(3) Once qualification has begun, if an officer is unsuccessful at any qualification attempt and fails to complete three attempts in a single day, the officer is deemed to have failed to qualify.

(4) No practice is allowed once qualification begins. Practice is not allowed until after the officer qualifies successfully or the third qualification attempt is completed.

(5) Each qualification course may take place on different days; however, all three attempts to qualify for that course shall occur on that day.

(6) Once an officer has failed to qualify in three attempts or failed to complete three attempts to qualify in a single day on any qualification course, Access to the weapon shall be restricted until such time the officer successfully qualifies with the weapon. The restriction is pursuant to Rule .0103 (4) and (5) of this Section.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. July 1, 1989
  • Amended Eff. January 1, 2019; April 1, 2018; January 1, 2006; January 1, 2005; November 1, 1998; March 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
  • Amended Eff. January 1, 2026.
12 NCAC 09E .0107 FAILURE TO QUALIFY: ANNUAL FIREARMS qualification {#sec-12-ncac-09e-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09E .0107}

(a) Where an officer is employed with an agency that establishes a higher standard for annual firearms qualification than those specified in this Subchapter and the officer has failed to meet the requirements of the employing agency as of December 31 in a given calendar year, such officer shall meet the requirements of this Rule for continued certification. Prior to transfer to another agency, the officer shall meet the requirements of this Rule.

(b) Upon notification to the Division via Form F-9B, 'Report of Non-Compliance of Mandatory In-Service Training', that an officer has failed to meet the requirements for annual firearms qualification as specified in 12 NCAC 09E .0106 of this Subchapter, the law enforcement officer's certification shall be suspended. Form F-9B shall contain the following: officer's name, Academy ID number, mailing address, agency name, whether the officer is requesting a waiver, name and signature of agency head or authorized representative, and checklist of incomplete in-service training topics.

(c) The Division shall rescind the suspension indicated in Paragraph (b) of this Rule upon receipt from an agency representative of Form F-9C, 'Return to Duty Request', indicating the suspended officer has completed the annual firearms qualification pursuant to 12 NCAC 09E .0106. Form F-9C shall contain the following: officer's name, Academy ID number, agency name, current certification status, completion date of each block of in-service training, and name and signature of agency head or authorized representative.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. July 1, 1989
  • Amended Eff: January 1, 2005; August 1, 2000; March 1, 1992; March 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. July 1, 2023
  • Readopted Eff. July 1, 2026.
12 NCAC 09E .0108 Failure to Complete Annual in-Service Training {#sec-12-ncac-09e-.0108 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09E .0108}

(a) Law enforcement officers certified by the North Carolina Criminal Justice Education and Training Standards Commission shall complete a minimum of 24 in-service training credits each year as published by the Commission.

(b) When the Commission specifies topics that total less than 24 credits for a specific year, the remaining training credits shall be in topics identified by their respective agency heads. In selecting the remaining training credits, the agency head may choose any topic, provided the lesson plan is written in Instructional Systems Design format and is taught by an instructor who is certified by the Commission, pursuant to 12 NCAC 09B .0301. Alternatively, in selecting the remaining training credits, the agency head may choose any topic: (1) delivered pursuant to Rule .0104(1) of this Section; or (2) National Certification Programs (NCP) administered by the International Association of Directors of Law Enforcement Standards and Training (IADLEST) completed during that specific year. These topics shall not be required to be written in Instructional Systems Design format or delivered by an instructor certified by the Commission. With the exception of those law enforcement officers who were hired on or after July 1st, pursuant to 12 NCAC 09E .0103(2), failure to successfully complete the annual in-service training within the calendar year shall result in suspension of the law enforcement officer's certification.

(c) Completion of training shall be demonstrated by passing a written test for each in-service training topic, as follows:

(1) A written test comprised of at least five questions per credit shall be developed by the North Carolina Justice Academy or the approved curriculum developer having received NJP approval for each in-service topic requiring testing. The Firearms and Qualifications in-service course and topics delivered pursuant to Rule .0104 of this Section shall be exempt from this written test requirement;

(2) A student shall pass each test by achieving at least 70 percent correct answers; and

(3) A student who completes a topic of in-service training in a traditional classroom setting or online and fails the end-of-topic exam shall be given one attempt to re-test. If the student fails the exam a second time, the student shall complete the in-service training topic in a traditional classroom setting before taking the exam a third time.

(d) Upon notification that a law enforcement officer who has been continuously employed with an agency during the 12 month calendar year has failed to meet the requirements for in-service training, as specified in 12 NCAC 09E .0103(2), the officer's certification shall be suspended by the Standards Division Director.

(e) No officer suspended under Paragraph (b) of this Rule shall work as a certified law enforcement officer until:

(1) the department head or designated representative forwards to the Commission documentary evidence verifying that the officer has complied with the requirements for reinstatement of certification as specified in this subsection; and

(2) the agency head or designated representative and the officer receive from the Commission documentation that the Commission has terminated the suspension and reissued law enforcement certification to the suspended officer.

(f) If an officer has separated from an agency with less than a 12-month break in law enforcement service and is later reemployed as a law enforcement officer during the same calendar year, the officer shall complete the annual in-service training, as outlined in Paragraphs (a) and (b) of this Rule, by the end of that same calendar year. Upon notification by the agency head that such officer has failed to meet all the requirements for in-service training, the law enforcement officer's certification shall be suspended, pursuant to 12 NCAC 09A .0206(a)(2).

(g) If an officer has separated from an agency with less than a 12 month break in law enforcement service and is later reemployed as a law enforcement officer during the subsequent calendar year, the officer shall complete the annual in-service training, as outlined in Paragraphs (a) and (b) of this Rule by the end of the subsequent calendar year. Upon notification by the agency head that such officer has failed to meet all the requirements for in-service training, the law enforcement officer's certification shall be suspended, pursuant to 12 NCAC 09A .0206(a)(2).

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. January 1, 2005
  • Amended Eff. April 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2025.
12 NCAC 09E .0109 In-service training coordinator requirements {#sec-12-ncac-09e-.0109 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09E .0109}

(a) Any persons designated by an agency head to act as, or who perform the duties of, an In-Service Training Coordinator in the delivery or presentation of a Commission-mandated or Commission-recognized in-service training course shall have on file confirmation from the Commission acknowledging designation as In-Service Training Coordinator prior to acting in an official capacity as an In-Service Training Coordinator.

(b) To be eligible to serve as an In-Service Training Coordinator, an applicant shall:

(1) have four years of practical experience as a criminal justice officer or as an administrator or specialist in a field directly related to the criminal justice system;

(2) be certified by the Commission as a General Instructor; and

(3) have completed the "Coordinating In-Service Training" course presented by the North Carolina Justice Academy for the purpose of familiarization with trainee and instructor evaluation.

(c) The agency head shall submit to the Criminal Justice Standards Division a Form F-18 Commission In-Service Training Coordinator Request form containing the names and other requested information for the persons selected to act as In-Service Training Coordinators for the agency. The Form F-18 is located on the agency's website: http://ncdoj.gov/getdoc/feb459d2-6db1-45be-94c8-a2e5305b350b/F-18(ITC)-6-11.aspx. The agency head shall ensure that the persons selected meet the requirements set forth in Paragraphs (a) and (b) of this Rule.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 2006
  • Amended Eff. February 1, 2016
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09E .0110 in-service training coordinator RESPONSIBILITIES {#sec-12-ncac-09e-.0110 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09E .0110}

In planning, developing, coordinating, and delivering each Commission-mandated in-service training course, the In-Service Training Coordinator shall:

(1) administer the delivery of the course curriculum in accordance with the curriculum standards established in this Subchapter;

(2) select and schedule instructors who are certified by the Commission;

(3) ensure that each instructor utilizes a current Commission-approved lesson plan;

(4) monitor, or designate a certified instructor to monitor, the presentations of instructors during course deliveries and prepare written evaluations on their performance and suitability for subsequent instructional assignments. The observations shall be of sufficient duration to ensure the instructor is using the Instructional System Design model, and that the delivery is objective based, documented by and consistent with a Commission recognized lesson plan. For each topic area, the in-service training coordinator's evaluation shall be based upon the course delivery observations, the instructor's use of a Commission recognized lesson plan, and the results of the student evaluation of the instructor. For probationary instructors, these evaluations shall be prepared on Commission forms and forwarded to the Commission. Based on this evaluation, the In-Service Training Coordinator shall have the responsibility for recommending approval or denial of requests for General Instructor Certification. For all other instructors, these evaluations shall be prepared on Commission forms in accordance with Commission standards as set out in this Chapter. These evaluations shall be kept on file by the agency for a period of three years and shall be made available for inspection by a representative of the Commission upon request. In the event the evaluation of an instructor indicates that his or her performance was less than acceptable, the In-Service Training Coordinator shall forward a copy of the evaluation to the Commission. Any designated certified instructor who is evaluating the instructional presentation of another instructor shall, at a minimum, hold certification in the same instructional topic area as that for which the instructor is being evaluated.

(5) maintain records of all in-service training received by the agency's officers which include:

(a) course title;

(b) delivery hours of course;

(c) course delivery dates;

(d) names and addresses of instructors utilized for each topic;

(e) a roster of enrolled trainees documenting class attendance; and

(f) test scores from in-service training.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09E .0111 Completion of Annual in-Service Training {#sec-12-ncac-09e-.0111 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09E .0111}

(a) Law enforcement officers certified by the North Carolina Criminal Justice Education and Training Standards Commission shall complete annual in-service training as outlined in 12 NCAC 09E .0108.

(b) Failure to complete all topics required for the annual in-service training shall result in the law enforcement officer's certification being summarily suspended, pursuant to 12 NCAC 09E .0108.

(c) All annual in-service training topics shall be taken in-person or through the North Carolina Justice Training and Certification portal, or by a North Carolina community college.

(d) All annual in-service training involving motor skills assessment and/or qualification shall be conducted in person using certified Specialized Instructors, pursuant to 12 NCAC 09B .0304.

History

  • Authority G.S. 17C-6; 17C-10
  • Adoption Eff. October 1, 2025.

Subchapter F

12 NCAC 09F .0101 Purpose {#sec-12-ncac-09f-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09F .0101}

In order to ensure a minimum level of familiarization and proficiency in specific topical areas for citizens who lawfully carry handguns concealed, the Commission establishes these rules for the concealed handgun training program and the administration of the program.

History

  • Authority G.S. 14-415.12; 14-415.13; 1995 S.L., c. 507 s. 22
  • Temporary Adoption Eff. November 1, 1995
  • Eff. May 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09F .0102 Topical Areas {#sec-12-ncac-09f-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09F .0102}

The course entitled "Concealed Carry Handgun Training" shall consist of eight hours of instruction and shall include the following identified topical areas:

(1) Legal Issues (two hours): The student shall be able to explain the following:

(a) the types of situations when the use of deadly physical force would be justified;

(b) list the areas where the carrying of a concealed handgun is prohibited;

(c) the requirements for handgun storage under G.S. 14-315.1; and

(d) the laws governing the carrying of a concealed handgun.

The instructor shall determine the student's level of understanding of the relevant legal issues by administering a written examination.

(2) Handgun Nomenclature: The instructor shall identify to the students the primary parts of the revolver and semiautomatic handgun.

(3) Handgun Safety: The students shall be able to:

(a) list at least four rules of safe gun handling and demonstrate all of these procedures during range exercises;

(b) list four methods of safely storing a handgun and choose the method most appropriate for their personal use;

(c) describe safety issues relating to the safe carry of a handgun; and

(d) determine the proper storage of their handguns when there are minors in the home.

(4) Handgun Fundamentals: The instructor shall demonstrate to the students:

(a) how to load both a revolver and a semiautomatic handgun;

(b) how to unload both a revolver and a semiautomatic handgun; and

(c) the operational characteristics of the revolver and the semiautomatic handgun.

(5) Marksmanship Fundamentals: The student shall be able to:

(a) demonstrate a proper handgun grip;

(b) demonstrate either the Weaver or Isosceles Stance;

(c) describe the elements of sight alignment and sight picture; and

(d) demonstrate trigger control in a dry fire exercise.

(6) Presentation Techniques: The instructor shall demonstrate to the students the draw or presentation of the revolver and semiautomatic handgun with a variety of holster types.

(7) Cleaning and Maintenance: The instructor shall demonstrate to the student:

(a) how to "field strip" the handguns if the handgun can be field stripped;

(b) how to perform a "Function Check"; and

(c) based on the manufacturer's recommendations, list the lubrication points of the specific handguns being demonstrated.

(8) Ammunition: The instructor shall list and explain the four components of ammunition.

History

  • Authority G.S. 14-415.12
  • Temporary Adoption Eff. November 1, 1995
  • Eff. May 1, 1996
  • Amended Eff. November 1, 2014; February 1, 2013; May 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2019.
12 NCAC 09F .0103 Approval of Courses {#sec-12-ncac-09f-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09F .0103}

History

  • Authority G.S. 14-415.12
  • Temporary Adoption Eff. November 1, 1995
  • Eff. May 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • RRC Objection February 22, 2024 and rule returned to the agency on May 29, 2024.
12 NCAC 09F .0104 Instructor Qualifications {#sec-12-ncac-09f-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09F .0104}

History

  • Authority G.S. 14-415.12
  • Temporary Adoption Eff. November 1, 1995
  • Eff. May 1, 1996
  • Amended Eff. November 1, 2015; September 1, 2005; May 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • RRC Objection February 22, 2024 and rule returned to agency on May 29, 2024.
12 NCAC 09F .0105 Instructor Responsibilities {#sec-12-ncac-09f-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09F .0105}

History

  • Authority G.S. 14-415.12; 14-415.13
  • Temporary Adoption Eff. November 1, 1995
  • Eff. May 1, 1996
  • Amended Eff. April 1, 2018; May 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2020; August 1, 2019
  • RRC Objection February 22, 2024 and rule returned to agency on May 29, 2024.
12 NCAC 09F .0106 Sanctions {#sec-12-ncac-09f-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09F .0106}

(a) The Commission shall suspend an approved course if the Commission finds that the course has failed to meet or maintain the required standards for approval, pursuant to Rule .0103 of this Section.

(b) The Commission, through the Standards Division, shall randomly conduct unannounced audits of a Concealed Carry Handgun course taught by a certified Concealed Carry Handgun instructor for compliance with the requirements of this Subchapter.

(c) The Commission shall deny, suspend, or revoke the certification of instructor status if the Commission finds that the instructor:

(1) failed to meet or maintain the required course and instruction standards approved by the Commission as set forth in 12 NCAC 09F .0102 or 12 NCAC 09F .0105;

(2) failed to submit modification of courses or change in instructor status;

(3) submitted any non-sufficient funds check;

(4) falsified any record of completion with a passing score of an approved course;

(5) distributed any certificate provided by the Commission without the named permittee undertaking the approved course from that instructor;

(6) taught any Concealed Carry Handgun course or approved certification while the instructor's certification was suspended by the Commission;

(7) is ineligible to receive and possess a firearm under federal or North Carolina state law; or

(8) instructs a class without having a valid Concealed Carry Handgun Instructor Certification as established in 12 NCAC 09F .0104.

(d) Instructors who have lost certified status pursuant to Subparagraphs (1), (2), or (3) of Paragraph (c) of this Rule may reapply for certification upon documentation of compliance after one year has elapsed from the date of suspension of the instructor's certification by the Commission. Instructors who have lost certified status pursuant to Subparagraphs (4), (5), (6), or (7) of Paragraph (c) of this Rule shall have their certification suspended or permanently revoked by the Commission as set forth in 12 NCAC 09A .0206.

History

  • Authority G.S. 14-415.12; 14-415.13
  • Temporary Adoption Eff. November 1, 1995
  • Eff. May 1, 1996
  • Amended Eff. April 1, 2018; May 1, 2016; February 1, 2007; September 1, 2005; May 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09F .0107 Filing and Fees {#sec-12-ncac-09f-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09F .0107}

(a) Each instructor of an approved course shall file with the Commission a copy of the firearms course description, outline, and proof of instructor certification at least annually, or upon modification of the course if it occurs before the annual certification. A fee of fifty dollars ($50.00) shall be submitted for the initial and annual filing of a course. If modification of the course occurs before the renewal filing date, a fee of twenty-five dollars ($25.00) shall be charged.

(b) Instructors shall, in writing, request the number of certificates needed and shall remit a fee of two dollars ($2.00) per certificate with a minimum request of 25 certificates per instructor. Requests for certificates shall be sent to:

All such fees shall be paid by certified check made payable to the North Carolina Department of Justice.

History

  • Authority G.S. 14-415.12; 150B-19(5); 1995 S.L., c. 507 s. 22
  • Temporary Adoption Eff. November 1, 1995
  • Eff. May 1, 1996
  • Amended Eff. February 1, 2014; November 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.

Subchapter G

12 NCAC 09G .0101 Scope and Applicability of Subchapter {#sec-12-ncac-09g-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0101}

This Subchapter governs the implementation of minimum standards for employment, training, and certification of two classes of corrections officers: correctional officers and probation/parole officers, as well as the standards for corrections schools and the state corrections certificate program. Definitions and procedures contained within 12 NCAC 09A through 09F do not apply to these classes of corrections officers, unless referenced. Only rules included in Subchapter 09G apply to these employees of the North Carolina Department of Public Safety, Division of Adult Correction and Juvenile Justice.

History

  • Authority G.S. 17C-1; 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2015; November 1, 2003
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0102 Definitions {#sec-12-ncac-09g-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0102}

The following definitions apply throughout this Subchapter only:

(1) "Agency" means those state and local agencies identified in G.S. 17C-2(2).

(2) "Commission" means the North Carolina Criminal Justice Education and Training Standards Commission identified in G.S. 17C.

(3) "Commission of an offense" means a finding by the North Carolina Criminal Justice Education and Training Standards Commission or equivalent regulating body from another state that a person performed the acts necessary to satisfy the elements of a specified offense.

(4) "Convicted" or "Conviction" means, the entry of:

(a) a plea of guilty;

(b) a verdict or finding of guilt by a jury, judge, magistrate, or other duly constituted, established adjudicating body, tribunal, or official, either civilian or military; or

(c) a plea of no contest, nolo contendere, or the equivalent.

(5) "Correctional Officer" means an employee of the North Carolina Department of Adult Correction, responsible for the custody of inmates or offenders.

(6) "Corrections Officer" means either or both of the two classes of officers employed by the North Carolina Department of Adult Correction: correctional officer or probation/parole officer.

(7) "Criminal Justice System" means the whole of the State and local criminal justice agencies including the North Carolina Department of Adult Correction.

(8) "Director" means the Director of the Criminal Justice Standards Division of the North Carolina Department of Justice.

(9) "Educational Points" means points earned toward the State Correction Officers' Professional Certificate Program for studies completed, with passing scores achieved, for semester hour or quarter hour credit awarded from colleges or universities accredited by the Department of Education of the state in which the institution is located, from an accredited body recognized by either the U.S. Department of Education or the Council for Higher Education Accreditation, or from the state university of the state in which the institution is located. Each semester hour of college credit equals one educational point and each quarter hour of college credit equals two-thirds of an educational point.

(10) "High School" means a high school that meets the compulsory attendance requirements in the jurisdiction in which the school is located.

(11) "In-Service Training Coordinator" means a person designated by a Criminal Justice Agency head to administer the agency's In-Service Training program.

(12) "Misdemeanor" means those criminal offenses not classified under the laws, statutes, or ordinances as felonies. Misdemeanor offenses are classified by the Commission as follows:

(a) "Class A Misdemeanor" means a misdemeanor committed or omitted in violation of any common law, duly-enacted ordinance, or criminal statute of this State that is not classified as a Class B Misdemeanor pursuant to Sub-item (12)(b) of this Rule. Class A Misdemeanor also includes any act committed or omitted in violation of any common law, duly enacted ordinance, criminal statute, or criminal traffic code of any jurisdiction other than North Carolina, either civil or military, for which the maximum punishment allowable for the designated offense under the laws, statutes, or ordinances of the jurisdiction in which the offense occurred includes imprisonment for a term of not more than six months. Excluded from "Class A Misdemeanor" criminal offenses for jurisdictions other than North Carolina are motor vehicle or traffic offenses designated as misdemeanors under the laws of other jurisdictions or duly enacted ordinances of an authorized governmental entity, with the exception of the offense of impaired driving that is included herein as a Class A Misdemeanor if the offender could have been sentenced for a term of not more than six months. Also included herein as a Class A Misdemeanor is the offense of impaired driving, if the offender was sentenced under punishment level three G.S. 20-179(i), level four G.S. 20-179(j), or level five G.S. 20-179(k). Class A Misdemeanor shall also include acts committed or omitted in North Carolina prior to October 1, 1994, in violation of any common law, duly enacted ordinance, or criminal statute of this State for which the maximum punishment allowable for the designated offense included imprisonment for a term of not more than six months.

(b) "Class B Misdemeanor" means an act committed or omitted in violation of any common law, criminal statute, or criminal traffic code of this State that is classified as a Class B Misdemeanor as set forth in the Department of Adult Correction section of the Class B Misdemeanor Manual as published by the North Carolina Department of Justice, incorporated herein by reference, and shall include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6. The publication is available from the Commission's website: http://www.ncdoj.gov/getdoc/60bb12ca-47c0-48cb-a0e3-6095183c4c2a/Class-B-Misdemeanor-Manual-2005.aspx. Class B Misdemeanor also includes any act committed or omitted in violation of any common law, duly enacted ordinance, criminal statute, or criminal traffic code of any jurisdiction other than North Carolina, either civil or military, for which the maximum punishment allowable for the designated offense under the laws, statutes, or ordinances of the jurisdiction in which the offense occurred includes imprisonment for a term of more than six months but not more than two years. Excluded from this grouping of "Class B Misdemeanor" criminal offenses for jurisdictions other than North Carolina, are motor vehicle or traffic offenses designated as being misdemeanors under the laws of other jurisdictions with the following exceptions: Class B Misdemeanor includes the following:

(i) either first or subsequent offenses of driving while impaired if the maximum allowable punishment is for a term of more than six months but not more than two years;

(ii) driving while license permanently revoked or permanently suspended;

(iii) those traffic offenses occurring in other jurisdictions which are comparable to the traffic offenses specifically listed in the Class B Misdemeanor Manual; and

(iv) an act committed or omitted in North Carolina prior to October 1, 1994, in violation of any common law, duly enacted ordinance, criminal statute, or criminal traffic code of this State for which the maximum punishment allowable for the designated offense included imprisonment for a term of more than six months but not more than two years.

(13) "Pilot Courses" means those courses approved by the Education and Training Committee, consistent with 12 NCAC 09G .0404, which are used to develop new training course curricula.

(14) "Probation/Parole Officer" means an employee of the North Carolina Department of Adult Correction, whose duties include supervising, evaluating, or otherwise instructing offenders placed on probation, parole, post release supervision, or assigned to any other community-based program operated by the Department of Adult Correction.

(15) "Qualified Assistant" means an additional staff person designated as such by the School Director to assist in the administration of a course when a certified institution or agency assigns additional responsibilities to the certified School Director during the planning, development, and implementation of a certified course.

(16) "School" means an institution, college, university, academy, or agency that offers penal or corrections training for correctional officers or probation/parole officers. "School" includes the corrections training course curricula, instructors, and facilities.

(17) "School Director" means the person designated by the Secretary of the North Carolina Department of Adult Correction to administer the School.

(18) "Standards Division" means the Criminal Justice Standards Division of the North Carolina Department of Justice.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10; 153A-217
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. December 1, 2018; January 1, 2017; January 1, 2015; April 1, 2009; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2025; May 1, 2023.
12 NCAC 09G .0103 Rule-Making and Administrative Hearing Procedures {#sec-12-ncac-09g-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0103}

(a) Petitions for Rule-Making shall be submitted to the Commission and shall contain:

(1) petitioner's name, address and telephone number;

(2) a draft of the proposed rule or rule change for adoptions or amendments; and

(3) the reason for its proposal.

(b) Petitioners may also submit the following in the petition:

(1) the effect of the proposal on existing rules or decisions;

(2) data supporting the proposal;

(3) practices likely to be affected by the proposal; and

(4) a list or description of persons likely to be affected by the proposed rule.

(c) Administrative hearings in contested cases conducted by the Commission or an Administrative Law Judge (as authorized in G.S. 150B-40) shall be governed by:

(1) procedures set out in G.S. 150B, Article 3;

(2) the Rules of Civil Procedure as contained in G.S. 1A-1;

(3) the General Rules of Practice for the Superior and District Courts as authorized by G.S. 7A-34 and found in the Rules Volume of the North Carolina General Statutes.

(d) The rules establishing procedures for contested cases incorporated by the Office of Administrative Hearings as contained in 26 NCAC 03 are hereby incorporated by reference, including subsequent amendments and editions, for contested cases for which this agency has authority to adopt rules under G.S. 150B-38(h).

(e) If the case is conducted under G.S. 150B-40(b), the presiding officer shall have the powers and duties given to the Chief Administrative Law Judge or the presiding Administrative Law Judge in 26 NCAC 03.

(f) An applicant for certification or a certified officer shall have 30 days from the date of receipt of a notice of proposed action by the Commission to request a contested case hearing.

History

  • Authority G.S. 17C-6; 17C-11(b); 150B-20; 150B-38(h); 150B-40
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2019
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0201 Employment Process: Documentation: and Records Retention {#sec-12-ncac-09g-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0201}

History

  • Status: repealed
  • Authority G.S. 126-4; 126-24
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. May 1, 2025.
12 NCAC 09G .0202 Citizenship {#sec-12-ncac-09g-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0202}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2015; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. July 1, 2024.
12 NCAC 09G .0203 Age {#sec-12-ncac-09g-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0203}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2015; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. November 1, 2024.
12 NCAC 09G .0204 Documentation of Educational Requirements {#sec-12-ncac-09g-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0204}

(a) Each applicant for certification as a correctional officer or probation/parole officer shall furnish documentary evidence of high school, college or university graduation to the employing agency. Documentary evidence of high school graduation consists of diplomas or transcripts from public schools or private schools which meet standards adopted by either the North Carolina Department of Public Instruction, the Division of Non-Public Instruction, or a comparable out of state agency; or such documentation as described in Paragraphs (b), (c), (d), (e) of this Rule. Documentary evidence of college or university graduation consists of diplomas or transcripts from colleges or universities accredited as such by the Department of Education of the state in which the institution is located, an accredited body recognized by either the U.S. Department of Education or Council for Higher Education Accreditation, or the state university of the state in which the institution is located.

(b) High school diplomas earned through home school programs must be accompanied by a true and accurate or certified transcript and the program must meet the requirements of Part 3 of Article 39 of Chapter 115C of the North Carolina General Statutes, or a comparable out-of-state statute.

(c) Diplomas earned from high school or equivalent institutions outside of the United States must be translated into English and be accompanied by an authentic transcript. The Criminal Justice Standards Division (Division) staff shall evaluate the transcripts to ensure they are scholastically comparable to United States curriculum requirements.

(d) The Division's staff shall evaluate high school diplomas earned through on-line or correspondence courses to ensure such diplomas must meet state and local requirements for the jurisdiction from which the diploma was issued.

(e) Documentary evidence of having earned a High School Equivalency (HSE) diploma shall be satisfied by a certified copy of a high school equivalency credential or an adult high school diploma, both of which must be recognized by the U.S. Department of Education, or educational agency that is authorized in the state to issue High School Equivalency (HSE) diplomas.

(f) Documentary evidence of the attainment of satisfactory scores on any military high school equivalency examination is acceptable as evidence of high school graduation if verified by a true copy of the veteran's DD-214 Certificate of Release from Active Duty.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. April 1, 2018; February 1, 2016; November 1, 2015; January 1, 2015; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2023.
12 NCAC 09G .0205 Medical Examination {#sec-12-ncac-09g-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0205}

(a) Each applicant for certification or enrollment in a basic correctional officer or probation/parole officer training course shall complete, sign, and date the Commission's Medical History Statement Form (F-1) and shall be examined by either a physician, physician assistant, or nurse practitioner who holds a current license in the United States to practice medicine, as issued by a state medical board, to help determine his or her fitness to carry out the physical requirements of the position of correctional officer or probation/parole officer as listed in the current job description provided by the North Carolina Department of Adult Correction.

(b) Prior to being examined, the applicant shall provide the examining physician, physician's assistant, or nurse practitioner with:

(1) the Medical History Statement Form (F-1), pursuant to 12 NCAC 09I .0105, which must be read, completed, and signed by the applicant; and

(2) the Medical Examination Report Form (F-2), the Tuberculosis Questionnaire Form (F-2A), and the Medical Examination Report Form Addendum (F-2B), pursuant to 12 NCAC 09I .0105. The Medical Examination Report (F-2) Form shall notify the examining physician, physician's assistant, or nurse practitioner that the "Minimum Medical Qualifications for Law Enforcement Officers, Corrections Officers, Juvenile Justice Officers, Court Counselors, Chief Court Counselors, Detention Officers and Telecommunicators" as published by the North Carolina Criminal Justice Educations and Training Standards Commission is available at no cost at https://ncdoj.gov/law-enforcement-training/criminal-justice/.

(c) The examining physician, physician's assistant, or nurse practitioner shall record the results of the examination on the Medical Examination Report Form (F-2) and shall sign and date the form.

(d) The Medical Examination Report Form (F-2), the Tuberculosis Questionnaire Form (F-2A), and the Medical History Statement Form (F-1) shall be valid for one year after the date of the examination was conducted and shall be completed prior to:

(1) the applicant's beginning the basic correctional officer or basic probation/parole officer training course, and

(2) an agency's submission of application for certification to the Commission.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2015; April 1, 2009; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Temporary Amendment Eff. February 15, 2022
  • Amended Eff. February 1, 2026; November 1, 2024; May 1, 2023; October 1, 2022; August 23, 2022.
12 NCAC 09G .0206 Moral Character {#sec-12-ncac-09g-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0206}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. October 1, 2017; April 1, 2017; January 1, 2015; June 1, 2012; April 1, 2009; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. August 1, 2021
  • Repealed Eff. May 1, 2023.
12 NCAC 09G .0207 Fingerprint Criminal History Record Check {#sec-12-ncac-09g-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0207}

(a) Each applicant for certification shall submit electronic fingerprints in the Statewide Automated Fingerprint Identification System (SAFIS).

(b) The employing agency shall forward the applicant's fingerprints to the North Carolina State Bureau of Investigation for a criminal history record check utilizing fingerprints against state and federal files.

(c) The employing agency will receive a report of the results of the criminal history check utilizing fingerprints against state and federal files. The employing agency shall retain the results of the criminal history record check utilizing fingerprints in compliance with the North Carolina Department of Natural and Cultural Resources Retention and Disposition Schedule, General Records Schedule: Local Government Agencies, established pursuant to G.S. Chapter 121 and G.S. Chapter 132. The employing agency shall include the results of the fingerprint criminal history record check with the applications submitted to the Commission.

(d) An applicant for certification as a correctional officer or probation/parole officer may not be employed or placed in a position requiring certification by the Commission prior to the date on which the employing agency and Standards Division receive the report of the results of the criminal history record check utilizing fingerprints.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. May 1, 2023.
12 NCAC 09G .0208 Minimum Standards for Correctional Officers {#sec-12-ncac-09g-.0208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0208}

(a) The requirements of this Rule shall apply to all applicants for certification and shall also apply at all times during which the correctional officer is certified by the Commission.

(b) Every correctional officer employed by the North Carolina Department of Adult Correction shall:

(1) be a citizen of the United States, or have a U.S. Permanent Resident Card (Green Card) and have resided in the United States for at least three years;

(2) be at least 18 years of age;

(3) be a high school graduate, or the equivalent as defined in 12 NCAC 09G .0204;

(4) have been fingerprinted by the employing agency in the manner provided in 12 NCAC 09G .0207;

(5) have had a medical examination as required by 12 NCAC 09G .0205;

(6) have produced a negative result on a drug screen as described in 12 NCAC 09G .0211;

(7) have been administered a psychological screening examination in accordance with G.S. 17C-10(c). The psychological screening examination shall be valid for a period of one year from the date on which it was administered;

(8) have a background investigation conducted by the Department of Adult Correction, including a personal interview as described in 12 NCAC 09G .0210;

(9) not have committed or been convicted of a crime or crimes as specified in 12 NCAC 09G .0302;

(10) for personnel who are authorized to carry a firearm in the execution of their duties, satisfactorily Complete the Department of Adult Correction's departmental firearms training program as prescribed in 12 NCAC 09G .0411. Such firearms training compliance must have occurred within one year of the date of employment and by using the department approved service handgun(s);

(11) be of good moral character, including possessing the characteristics of honesty, maturity, discipline, attention to detail, and respect for the rights of others, as more fully discussed and interpreted in: In re Willis 288 N.C. 1.215 S.E. 2d 771 appeal dismissed 423 U.S. 976 (1975); State v. Harris, 216 N.C. 746, 6 S.E. 2d 854 (1940); In re Legg, 325 N.C. 658, 386 S.E. 2d 174 (1989); in re Applicants for License, 143 N.C.1, 55 S.E. 635 (1906); In re Dillingham, 188 N.C. 162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E. 2d 47 (1983); and later court decisions; and

(12) make the following notifications:

(A) within 30 days of the qualifying event, notify the Criminal Justice Standards Division (Division) and the appointing agency head in writing of all criminal offenses for which the officer is charged or arrested. This shall include traffic offenses identified in the Department of Adult Correction section of the Class B Misdemeanor Manual and offenses of driving under the influence (DUI) or driving while impaired (DWI);

(B) within 30 days of the qualifying event, notify the Division and the appointing agency head in writing of all criminal offenses which are dismissed or for which the officer pleads no contest, pleads guilty, or of which the officer is found guilty. This shall include traffic offenses identified in the Class B Misdemeanor Manual (correctional officers section) and offense of driving under the influence (DUI) or driving while impaired (DWI);

(C) within 30 days of service, officers shall notify the Standards Division of all Domestic Violence Protective Orders (G.S. 50B) and Civil No Contact Orders (G.S. 50C) that are issued by a judicial official against the officer;

(D) The required notifications in this Rule shall be in writing and shall specify the nature of the offense or order, the court in which the case as handled, the date of the arrest, criminal charge, or service of the order, and the final disposition. The notification shall include a certified copy of the order or court documentation and final disposition from the Clerk of Court in the county of adjudication. The requirements of this Item shall be applicable at all times during which the officer is employed and certified by the Commission and shall also apply to all applicants for certification. Receipt by the Standards Division of a single notification, for the officer or the agency head, shall be sufficient notice for compliance with this Item.

(c) Within 30 days of service, the agency head, provided he or she has knowledge of the correctional officer's arrests or criminal charges and final disposition, shall also notify the Standards Division of arrests, criminal charges and final dispositions.

(d) Within 30 days of the issuance of all Domestic Violence Protective Orders (G.S. 50B) and Civil No Contact Orders (G.S. 50C), the agency head, provided he or she has knowledge of the order, shall notify the Standards Divisions of these orders.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. May 1, 2023.
  • Amended Eff. July 1, 2024.
12 NCAC 09G .0209 Minimum Standards for Probation/Parole Officers {#sec-12-ncac-09g-.0209 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0209}

(a) The requirements of this Rule shall apply to all applicants for certification and shall also apply at all items during which the probation/parole officer is certified by the Commission.

(b) Every probation/parole officer employed by the North Carolina Department of Adult Correction shall:

(1) be a citizen of the United States

(2) be at least 20 years of age

(3) have attained a bachelor's degree as described in 12 NCAC 09G .0204;

(4) have been fingerprinted by the employing agency in the manner provided in 12 NCAC 09G .0207;

(5) have had a medical examination as required by 12 NCAC 09G .0205;

(6) have produced a negative result on a drug screen as described in 12 NCAC 09G .0211;

(7) have been administered a psychological screening examination in accordance with G.S. 17C-10(c). The psychological screening examination shall be valid for a period of one year from the date on which it was administered;

(8) have a background investigation conducted by the Department of Adult Correction, including a personal interview as described in 12 NCAC 09G .0210;

(9) not have committed or been convicted of a crime or crimes as specified in 12 NCAC 09G . 0302;

(10) for personnel who are authorized to carry a firearm in the execution of their duties, satisfactorily Complete the Department of Adult Correction's departmental firearms training program as prescribed in 12 NCAC 09G .0412. Such firearms training compliance must have occurred within one year of the date of employment and by using the department approved service handgun(s); and,

(11) be of good moral character, including possessing the characteristics of honesty, maturity, discipline, attention to detail, and respect for the rights of others as more fully discussed and interpreted in: In re Willis 288 N.C. 1.215 S.E. 2d 771 appeal dismissed 423 U.S. 976 (1975); State v. Harris, 216 N.C. 746, 6 S.E. 2d 854 (1940); In re Legg, 325 N.C. 658, 386 S.E. 2d 174 (1989); in re Applicants for License, 143 N.C.1, 55 S.E. 635 (1906); In re Dillingham, 188 N.C. 162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E. 2d 47 (1983); and later court decisions; and

(12) make the following notifications:

(A) within 30 days of the qualifying event, notify the Standards Division and the appointing agency head in writing of all criminal offenses for which the officer is charged or arrested. This shall include traffic offenses identified in the Class B Misdemeanor Manual and offenses of driving under the influence (DUI) or driving while impaired (DWI);

(B) within 30 days of the qualifying event, notify the Standards Division and the appointing agency head in writing of all criminal offenses for which the officer pleads no contest, pleads guilty, or of which the officer is found guilty. This shall include traffic offenses identified in the Department of Adult Correction section of the Class B Misdemeanor Manual and offense of driving under the influence (DUI) or driving while impaired (DWI);

(C) within 30 days of service, officers shall notify the Standards Division of all Domestic Violence Protective Orders (G.S. 50B) and Civil No Contact Orders (G.S. 50C) that are issued by a judicial official against the officer;

(D) within 30 days of the date the case was disposed of in court, the agency head, provided he or she has knowledge of the officer's arrests or criminal charges and final dispositions, shall also notify the Standards Division of arrests or criminal charges and final disposition;

(E) within 30 days of the issuance of all Domestic Violence Protective Orders (G.S. 50B) and Civil No Contact Orders (G.S. 50C), the agency head, provided he or she has knowledge of the order, shall also notify the Standard Division of these orders; and

(F) The required notifications in this Rule shall be in writing and shall specify the nature of the offense or order, the court in which the case as handled, the date of the arrest, criminal charge, or service of the order, and the final disposition. The notification shall include a certified copy of the order or court documentation and final disposition from the Clerk of Court in the county of adjudication. The requirements of this Item shall be applicable at all times during which the officer is employed and certified by the Commission and shall also apply to all applicants for certification. Receipt by the Standards Division of a single notification, for the officer or the agency head, shall be sufficient notice for compliance with this Item.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. May 1, 2023.
12 NCAC 09G .0210 Background Investigation {#sec-12-ncac-09g-.0210 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0210}

(a) Prior to employing an applicant, the North Carolina Department of Adult Correction shall complete a background investigation on that applicant for certification. The investigation shall examine the applicant's character traits and habits relevant to performance as a correctional officer or probation/parole officer and shall determine whether the applicant is of good moral character.

(b) The background investigation will consist of the following:

(1) verification of age;

(2) verification of education;

(3) criminal history check of local, state, and national files; and

(4) personal interview.

(c) The employing agency shall include a signed and notarized Release Authorization Form that authorizes the Criminal Justice Standards Division staff to obtain documents and records pertaining to the applicant for certification that may be required in order to determine whether certification may be granted.

History

  • Authority G.S. 17C-6
  • Eff. May 1, 2023.
12 NCAC 09G .0211 Agency Reporting of Drug Screening Results {#sec-12-ncac-09g-.0211 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0211}

(a) Every correctional or probation/parole officer shall have produced a negative result on a drug screen administered according to the following specifications:

(1) the drug screen shall be a urine test consisting of an initial screening test using an immunoassay method and a confirmatory test on an initial positive result using a gas chromatography/mass spectrometry (GC/MS) or other initial and confirmatory tests authorized or mandated by the Department of Health and Human Services for Federal Workplace Drug Testing Programs;

(2) a chain of custody shall be maintained on the specimen from collection to the eventual discarding of the specimen. If the specimen is handled only by a medical professional or a third party provider and the laboratory utilizes federally mandated chain of custody procedures, then the agency does not need an inter-agency chain of custody procedure. If agency staff will be handling the urine specimen at any point, then the agency needs an established chain of custody procedure. The chain of custody is an official document that establishes a process that tracks the movement of the urine specimen through its collection, safeguarding, and analysis lifecycle by documenting each person who handled the urine sample, the date/time it was collected or transferred, and the purpose of the transfer.

(3) the drug screen shall test for the presence of at least cannabis, cocaine, phencyclidine (PCP), opiates, and amphetamines or their metabolites; and

(4) the test threshold values meet the requirements established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs, as found in 82 FR 7920 (2017) incorporated by reference, including later amendments and editions found at no cost at https://www.federalregister.gov/documents/2017/01/23/2017-00979/mandatory-guidelines-for-federal-workplace-drug-testing-programs;

(5) conduct the test within 90 days of employment;

(6) pursuant to the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Urine (82 FR 7920), the laboratory conducting the test shall be certified for federal workplace drug testing programs, and shall adhere to applicable federal rules, regulations, and guidelines pertaining to the handling, testing, storage, and preservation of samples.

(b) The agency shall report in writing to the Criminal Justice Standards Division all refusals and all positive results of required drug screening obtained from applicants. If the positive result was explained by the applicant to the satisfaction of the Medical Review Officer who pursuant to the Mandatory Guidelines for Federal Workplace Drug Testing Programs (82 FR 7920), holds a current license to practice medicine in the United States, as more likely than not caused by a source other than the unlawful use of substances listed in Subparagraph (a)(3) of this Rule, then the positive results are not required to be reported.

(c) The agency, if it conducts a drug screen for in-service officers, shall report in writing positive results or refusals to submit to an in-service drug screening to the Criminal Justice Standards Division within 30 days of the positive result or refusal, unless the officer has explained the positive result to the satisfaction of the Medical Review Officer, pursuant to the Mandatory Guidelines for Federal Workplace Drug Testing Programs (82 FR 7920) who holds a current license to practice medicine, in the United States as more like than not caused by a source other than the lawful use of substances listed in Subparagraph (a)(3) of the Rule then the positive results are not required to be reported.

(d) For reporting purposes, a result is considered "positive" only in those cases where the drug screen reveals the presence of a controlled substance at a level equal to or greater than the threshold value, current at the time of the test as established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs and incorporated by reference in this Rule.

(e) For reporting purposes, a result is considered "negative" only in those cases where the drug screen reveals the presence of an illegal drug at a level less than the threshold value as established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs and incorporated by reference in this Rule.

(f) All written reports required to be submitted to the Criminal Justice Standards Division by this Rule shall contain the individual's name, date of birth, either the date the test was administered or the date of the refusal, and a copy of the drug screen panel with the results of the medical officer review.

History

  • Authority G.S. 17C-6; 17C-10
  • Eff. May 1, 2023
  • Amended Eff: November 1, 2024.
12 NCAC 09G .0301 Certification of Correctional Officers and Probation/Parole Officers {#sec-12-ncac-09g-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0301}

Every person employed as a correctional officer or probation/parole officer shall be certified as prescribed by the Rules of this Section. The Commission shall certify an officer as either a probationary officer or general officer based on the officer's qualifications and experience, as specified in Rule .0303 and Rule .0304 of this Subchapter.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2015; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0302 Criminal History Record {#sec-12-ncac-09g-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0302}

(a) Consistent with and subject to the requirements of 12 NCAC 09G .0504, every correctional officer applicant,

in North Carolina shall not have been convicted by a local, state, federal or military court of:

(1) a felony;

(2) a crime or unlawful act constituting a Class B misdemeanor as defined in 12 NCAC 09G .0102(10), if the conviction took place within three years prior to issuance of certification or if the person was under any corrections supervision imposed by the court as a result of the conviction within three years prior to the issuance of certification; or

(3) for personnel who are authorized to carry a firearm in the execution of their duties, an offense that, pursuant to 18 USC 922(g) would prohibit the possession of a firearm or ammunition;

(b) Consistent with and subject to the requirements of 12 NCAC 09G .0504, every correctional officer probation/parole officer applicant, and probation/parole officer employed or certified in North Carolina shall not have committed or been convicted by a local, state, federal or military court of:

(1) a felony;

(2) a crime or unlawful act constituting a Class B misdemeanor as defined in 12 NCAC 09G .0102(10), if the conviction took place within three years prior to issuance of certification or if the person was under any corrections supervision imposed by the court as a result of the conviction within three years prior to the issuance of certification; or

(3) an offense that, pursuant to 18 USC 922(g) would prohibit the possession of a firearm or ammunition.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2015; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2023; October 1, 2020.
12 NCAC 09G .0303 Probationary Certification {#sec-12-ncac-09g-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0303}

(a) A prospective employee may commence service as a correctional officer or probation/parole officer at the time of employment with the North Carolina Department of Adult Correction.

(b) Within 90 days of appointment to a position for which the Commission requires certification, the North Carolina Department of Adult Correction shall submit a completed Application for Certification Corrections Officer (F-5A) to the Standards Division. The Application for Certification Corrections Officer (F-5A) shall include the:

(1) applicant's name, social security number, date of birth, driver's license number, and email;

(2) position being applied for;

(3) criminal offense record;

(4) past disciplinary actions;

(5) military service record;

(6) education information; and

(7) signature of agency head or authorized representative.

(c) The Commission shall certify as a probationary officer a person meeting the standards for certification when the North Carolina Department of Adult Correction submits a completed Application for Certification Corrections Officer (Form F-5A) to the Standards Division.

(d) The Standards Division shall issue the officer's Probationary Certification to the North Carolina Department of Adult Correction.

(e) The officer's Probationary Certification shall remain valid for one year from the date the certification is issued by the Standards Division unless sooner suspended or revoked pursuant to Rule .0503 of this Subchapter or the officer has attained General Certification.

(f) Pursuant to 12 NCAC 09G .0201, the North Carolina Department of Adult Correction shall maintain documentation of Probationary Certification in the officer's personnel records.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2015; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2025.
12 NCAC 09G .0304 General Certification {#sec-12-ncac-09g-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0304}

(a) The Commission shall grant an officer General Certification when an officer has completed the training requirements of 12 NCAC 09G .0410, .0411, .0412, within the officer's probationary period and the officer has met all requirements for General Certification as specified in Rules .0203, .0204, .0205, and .0303 of this Subchapter.

(b) General Certification is continuous from the date of issuance, so long as the certified officer remains employed as a correctional officer or probation/parole officer with the North Carolina Department of Adult Correction, and the certification has not been suspended or revoked pursuant to Rule .0503 of this Subchapter.

(c) Certified officers who, through promotional opportunities, or non-disciplinary transfer, move into non-certified positions within the North Carolina Department of Adult Correction, may have their certification reinstated without re-completion of the basic training requirements of 12 NCAC 09G .0410, .0411, or .0412, and are exempted from reverification of employment standards of 12 NCAC 09G .0205, .0208 (except 12 NCAC 09G .0208(4)), and .0209 (except 12 NCAC 09G .0209(4)) when returning to a position requiring certification if they have maintained employment within the North Carolina Department of Adult Correction.

(d) Documentation of General Certification shall be maintained with the officer's personnel records with the North Carolina Department of Adult Correction and the Commission.

(e) Upon transfer of a certified officer from one type of corrections officer position to another, the North Carolina Department of Adult Correction shall submit a Notice of Transfer to the Standards Division.

(1) Upon receipt of the Notice of Transfer, the Standards Division shall cancel the officer's current General Certification and upon receipt of documentary evidence that the officer has met the requisite standards for the specified type of corrections officer certification, the Commission shall issue Probationary Certification reflecting the officer's new corrections position.

(2) The Commission shall grant an officer General Certification as the new type of corrections officer when an officer has completed the training requirements of 12 NCAC 09G .0410, .0411, or .0412, within the officer's probationary period and the officer has met all other requirements for General Certification.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2015; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. November 1, 2024; May 1, 2023.
12 NCAC 09G .0305 Recertification Following Separation {#sec-12-ncac-09g-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0305}

(a) Previously certified corrections officers, with a minimum of one year of service who have been separated from the North Carolina Department of Adult Correction for less than three years, may have their certification reinstated following a reverification of employment standards in 12 NCAC 09G .0208 (excluding 12 NCAC 09G .0208(b)(5)) and 12 NCAC 09G .0209 (excluding 12 NCAC 09G .0209(b)(5)) but are exempt from the job appropriate basic training course described in 12 NCAC 09G .0411 and .0412.

(b) Previously certified corrections officers with less than one year of service who have completed the applicable basic training course, pursuant to 12 NCAC 09G .0411 and .0412, and who have been separated from the North Carolina Department of Adult Correction for less than five years, upon their return shall complete the verification of employment standards and shall complete the following:

(1) the appropriate abbreviated course of instruction focused on current standards of the North Carolina Department of Adult Correction (NCDAC), delivered by the NCDAC Office of Staff Development and Training, and:

(A) previously certified corrections officers who have been separated for less than three years will not be required to complete the State Corrections Examination;

(B) previously certified corrections officers who have been separated between three years and five years will be required to successfully pass the State Corrections Examination; and

(2) the mandatory firearms classroom training and achieve a passing qualification score on the firearms range qualification with the agency duty weapon(s).

(c) Applicants pursuant to Paragraph (b) of this Rule will be allowed to remediate one failure under each Subparagraph (b)(1) and (b)(2) of this Rule, but, upon a second failure, will be required to complete the entire commission approved basic training for correctional or probation/parole officers, pursuant to 12 NCAC 09G .0411 and .0412, before being eligible for certification.

History

  • Authority G.S. 17C-2; 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1,2025; May 1, 2023
  • Readopted Eff. July 1, 2026.
12 NCAC 09G .0306 Retention of Records of Certification {#sec-12-ncac-09g-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0306}

(a) The North Carolina Department of Public Safety, Division of Adult Correction and Juvenile Justice shall place in the officer's certification file the official notification from the Commission of either Probationary or General Certification for each correctional officer, probation/parole officer employed or appointed by the North Carolina Department of Public Safety, Division of Adult Correction and Juvenile Justice. The certification file shall also contain:

(1) the officer's Report of Appointment/Application for Certification, including the Department of Public Safety Personnel Action Form;

(2) the officer's Medical History Statement and Medical Examination Report;

(3) documentation of the officer's drug screening results;

(4) documentation of the officer's educational achievements;

(5) documentation of all corrections training completed by the officer;

(6) documentation of the officer's psychological examination results;

(7) documentation and verification of the officer's age;

(8) documentation and verification of the officer's citizenship;

(9) documentation of any prior criminal record; and

(10) miscellaneous documents including letters, investigative reports, and subsequent charges and convictions;

(11) oath of office; and

(12) if separated, a copy of the Report of Separation or Department of Public Safety Action Form.

(b) All files and documents relating to an officer's certification shall be available for examination and utilization at any reasonable time by representatives of the Commission for the purpose of verifying compliance with the Rules in this Subchapter. These records shall be maintained in compliance with the North Carolina Department of Natural and Cultural Resources Records Retention and Disposition Schedule established pursuant to G.S. 121 and G.S. 132.

History

  • Authority G.S. 17C-2; 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2015; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. August 1, 2019.
12 NCAC 09G .0307 Certification of Instructors {#sec-12-ncac-09g-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0307}

(a) A person participating in a Commission-accredited corrections training course or program as an instructor, teacher, professor, lecturer, or other participant making presentations to the class shall first be certified by the Commission as an instructor.

(b) The Commission shall certify instructors under the following categories: General Instructor Certification, Specialized Instructor Certification or Professional Lecturer Certification as outlined in Rules .0308, .0310, and .0311 of this Section. Instructor certification shall be granted on the basis of documented qualifications of experience, education, and training in accord with the requirements of this Section and as stated on the applicant's Application for Instructor or Professional Lecturer Certification F-12. The requirements to complete the Application for Instructor or Professional Lecturer are outlined in 12 NCAC 09B .0301.

(c) In addition to all other requirements of this Section each instructor certified by the Commission to teach in a Commission-certified course shall remain competent in his or her specific or specialty areas. Such competence includes remaining current in the instructor's area of expertise, which may be demonstrated by attending and completing all updated instructor training courses required by the Commission.

(d) If a person certified as an instructor by the Commission is found to have knowingly and willfully violated any provision or requirement of the rules in this Subchapter, the Commission shall take action to correct the violation and to ensure that the violation does not recur, including:

(1) issuing an oral warning and request for compliance;

(2) issuing a written warning and request for compliance;

(3) issuing an official written reprimand;

(4) suspending the individual's certification for no more than three years; or

(5) revoking the individual's certification.

(e) The Commission shall deny, suspend, or revoke an instructor's certification when the Commission finds that the person:

(1) has failed to meet and maintain any of the requirements for qualification;

(2) has failed to remain currently knowledgeable in the person's areas of expertise by failing to attend trainings as required by the rules in this Chapter;

(3) has failed to deliver training in a manner consistent with the instructor lesson plans outlined in the "Basic Instructor Training Manual" as found in Rule .0414 of this Subchapter;

(4) has failed to follow specific guidelines outlined in the basic corrections officers' training manual set out in Rules .0411 through .0416 of this Subchapter;

(5) has demonstrated unprofessional personal conduct in the delivery of Commission approved or mandated training. For the purposes of this Subparagraph "unprofessional personal conduct" is identified as:

(A) job-related conduct that constitutes a violation of state or federal law;

(B) conviction or commission of a criminal offense as set out in Rule .0504 of this Subchapter;

(C) the willful violation of rules of this Chapter;

(D) conduct that is detrimental to instruction in the Commission's mandated courses. For purposes of this Chapter, conduct is "detrimental to instruction" if the conduct is demeaning or disruptive to the learning environment;

(E) the physical or verbal abuse of a client or student who the instructor is teaching or supervising; or

(F) falsification of an instructor application or other employment documentation;

(6) is an instructor, School Director, or Qualified Assistant and is involved in the instruction of (for instructors) or oversight of (for School Directors and Qualified Assistants) a student with whom the instructor, School Director, or Qualified Assistant has a close personal relationship such as, familial, financial, dating, or sexual even if consensual; and fails to take immediate and appropriate corrective action. Appropriate corrective action requires the instructor, School Director, or Qualified Assistant to notify his or her managing personnel in writing of the relationship and requires the instructor, School Director, or Qualified Assistant to stop instructing or overseeing the student with whom the relationship exists and

(A) the written notice to managing personnel shall include:

(i) school/agency name;

(ii) name of course;

(iii) name of the instructor, School Director, or Qualified Assistant;

(iv) name of student;

(v) name of managing personnel; and

(vi) nature of the relationship;

(B) the written notice from the school/agency managing personnel to the Standards Division shall be submitted within 10 days of receipt of notice from the instructor, School Director, or Qualified Assistant and shall include:

(i) school/agency name;

(ii) name of course;

(iii) name of the instructor, School Director, or Qualified Assistant;

(iv) name of student;

(v) name of managing personnel;

(vi) nature of the relationship; and

(vii) explanation of action taken to ensure the named instructor, School Director, or Qualified Assistant is not in violation of this Rule;

(7) has knowingly and willfully obtained, or attempted to obtain instructor certification by deceit, fraud, or misrepresentation;

(8) has failed to meet or maintain good moral character as defined in: In re Willis, 288 N.C. 1, 215 S.E.2d 771, appeal dismissed, 423 U.S. 976 (1975); State v. Harris, 216 N.C. 746, 6 S.E.2d 854 (1940); In re Legg, 325 N.C. 658, 386 S.E. 2d 174 (1989); In re Applicants for License, 143 N.C. 1, 55 S.E. 635 (1906); In re Dillingham, 188 N.C. 162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E.2d 647 (1983); and later court decisions that cite these cases as authority, and as required to discharge the duties of a criminal justice instructor;

(9) has committed or been convicted of an offense that could result in the denial, suspension, or revocation of an officers certification pursuant to Rules .0204 or .0504 of this Subchapter;

(10) has knowingly made a material misrepresentation of any information required for certification or accreditation.

(f) When a person certified as an officer by the North Carolina Criminal Justice Education and Training Standards Commission (Commission), the North Carolina Sheriffs Education and Training Standards Commission (Sheriffs' Commission), the North Carolina Department of Insurance, Office of State Fire Marshal, Fire Rescue Commission (Fire Commission), Office of Emergency Medical Services and the North Carolina Company/Campus Police Program; or a similar North Carolina, out of state or federal approving, certifying or licensing agency has been denied certification or had his or her certification suspended or revoked by their respective Commission or agency the officer shall report the suspension or revocation to the Criminal Justice Standards Division within five days. The General Instructor certification shall be (if applicable) suspended or revoked for the same time period as their respective Commission in accordance with the following:

(1) this suspension or revocation of the General Instructor certification shall also include suspension or revocation to any Commission recognized specialized or additional instructor certification, as outlined in Rule .0310 of this Section;

(2) if the term of suspension or revocation exceeds the expiration date of the instructor's initial certification expiration date, they shall forfeit their certifications as a General Instructor and Specialized Instructor and shall be required to obtain certification pursuant to the requirements of Rule .0304 of this Section before any instruction may be delivered in any Commission-approved or mandated training, including the completion of a subsequent Instructor Training course in its entirety; and

(3) if the term of suspension or revocation does not exceed the expiration date of the instructor's initial certification expiration date, the instructor shall be reinstated as a General Instructor only upon reinstatement of his or her law enforcement officer certification by the Commission. The terms of renewal for the existing General Instructor and Specialized Instructor certifications shall remain subject to all renewal requirements pursuant to Rule .0309(c) of this Section by the next expiration date.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. March 1, 2024; October 1, 2020; August 1, 2019.
12 NCAC 09G .0308 General Instructor Certification {#sec-12-ncac-09g-.0308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0308}

(a) General Instructor Certifications issued after December 31, 1984, shall be limited to those topics that are not expressly incorporated under the Specialized Instructor Certification category, specified in Rule .0310 of this Section. Individuals certified under the general instructor category are not authorized to teach any of the subjects specified in Rule .0310 of this Subchapter, entitled "Specialized Instructor Certification." To qualify for issuance of General Instructor Certification, an applicant shall demonstrate a combination of education and experience in criminal justice and proficiency in the instructional process by meeting the following requirements:

(1) Present documentary evidence showing that the applicant:

(A) is a high school, college, or university graduate or has received a high school equivalency credential as recognized by the issuing state; and

(B) has acquired four years of practical experience as a Criminal Justice Officer, Corrections Officer, Probation/Parole Officer an administrator or specialist in a field related to the criminal justice system, or an employee of a Criminal Justice Agency.

(2) Present evidence showing successful completion of a Commission-accredited instructor training program or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise; and

(3) Achieve a passing score on the comprehensive written examination administered by the Commission, as specified in 12 NCAC 09B .0413(d), within 60 days of completion of the Commission-accredited instructor training program.

(b) Applications for General Instructor Certification shall be submitted to the Standards Division within 60 days of the date the applicant passed the state comprehensive written examination administered by the Commission for the Commission-accredited instructor training program or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise.

(c) Persons having completed a Commission-accredited instructor training course or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise, and not having made application within 60 days of completion of the course shall complete a subsequent Commission-accredited instructor training course or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise, in its entirety.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2017; February 1, 2016; November 1, 2015; January 1, 2015; January 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0309 Terms and Conditions of General Instructor Certification {#sec-12-ncac-09g-.0309 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0309}

(a) An applicant meeting the requirements pursuant to Rule .0308 of this Section for certification as a general instructor shall, be in a probationary status, for a period not to exceed 12 months, until satisfying the requirements of Paragraph (b) of this Rule.

(b) The probationary instructor shall be eligible for General Instructor status if the instructor, submits to the Commission the following forms which are found on the agency website https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/:

(1) a Form F-12A, signed by a certified School Director of In-Service Training Coordinator, indicating a favorable recommendation; and

(2) a Form F-16, Commission Instructor Evaluation Form, indicating the Instructor taught a minimum of eight hours of Commission-accredited basic training, Commission-recognized in-service training course, or training course pursuant to 12 NCAC 10B .0601, 10B. 1302, or 10B .2005, during the probationary period. The Instructor shall achieve a minimum of 64 points on all instruction evaluations submitted to the Commission.

(c) Probationary Instructors may request an extension of up to one year to teach the 8-hour minimum requirement. The Director may grant the requested extension upon showing of just cause based upon the circumstances that created the need for an extension. For purposes of this Rule, "just cause" includes an accident, illness, emergency, or course cancellation that precluded the instructor from fulfilling the teaching requirement.

(d) The term of certification as a general instructor is indefinite, provided the instructor completes during each calendar year a minimum of one hour of instructor refresher training provided by North Carolina Justice Academy. The Standards Division shall post on its website on January 1 of the current year the list of instructors who have met this requirement during the previous calendar year.

(e) If the instructor fails to complete the instructor refresher training specified in Paragraph (d) of this Rule, he or she shall deliver eight hours of evaluated instruction in a Commission-accredited basic or Commission-recognized training course and complete the instructor refresher training specified in Paragraph (d) of this Rule within 60 days.

(f) If an instructor fails to meet the requirements of Paragraph (d) or (e) of this Rule, the certification period for the instructor shall cease, and the instructor shall be required to complete the requirements of Rule .0308 of this Section in order to obtain probationary instructor status.

(g) "Commission-recognized in-service training" shall mean training meeting the following requirements:

(1) training is taught by an instructor certified by the Commission;

(2) training utilizes a lesson plan in the Instructional Systems Design format; and

(3) completion of training shall be demonstrated by a passing score on a written test as follows:

(A) a written test comprised of at least five questions per credit shall be developed by the agency or the North Carolina Justice Academy for each in-service training topic requiring testing. Written courses that are more than four credits in length are required to have a written test comprising of a minimum of 20 questions. The Firearms Training and Qualifications in-service course is exempt from this written test requirement;

(B) a student shall pass each test by achieving 70 percent correct answers; and

(C) a student who completes a topic of in-service training in a traditional classroom setting or online and fails the end of topic exam shall be given one attempt to re-test. If the student fails the exam a second time, the student shall complete the in-service training topic in a traditional classroom setting before taking the exam a third time.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2017; June 1, 2012; August 1, 2006; January 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. July 1, 2020.
12 NCAC 09G .0310 Specialized Instructor Certification {#sec-12-ncac-09g-.0310 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0310}

(a) The Commission may issue a Specialized Instructor Certification to an applicant who has developed specific motor-skills and abilities by virtue of special training and demonstrated experience in one or more of the following topical areas:

(1) Firearms (DOC);

(2) Controls, Restraints, and Defensive Techniques (DOC).

(b) To qualify for Specialized Instructor Certification, an applicant must meet the following requirements:

(1) hold General Instructor Certification, either probationary status or full general instructor status, as specified in 12 NCAC 09G .0309;

(2) successfully complete the pertinent Commission-approved specialized instructor training course; and

(3) obtain the recommendation of a Commission-certified School Director.

(c) To qualify for and maintain any Specialized Instructor Certification, an applicant must possess a valid CPR Certification that included cognitive and skills testing, through an organization whose curriculum meets the national standards set forth by the International Guidelines Conference on Cardiopulmonary Resuscitation and Emergency Cardiovascular Care.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2006; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0311 Terms and Conditions of Specialized Instructor Certification {#sec-12-ncac-09g-.0311 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0311}

(a) An applicant meeting the requirements for Specialized Instructor Certification as set forth in Rule .0310 of this Section shall be issued a certification to expire three years from the date of issuance. The applicant shall apply for certification as a Specialized Instructor within 60 days after the date the applicant achieved a passing score on the state comprehensive exam for the respective Specialized Instructor training course, pursuant to Rule .0315 of this Section.

(b) The instructor shall instruct, within three years after Specialized Instructor Certification is issued, a minimum of 12 hours in each of the topics for which Specialized Instructor Certification was granted, and that instruction shall be provided in a Commission-approved basic training, Specialized Instructor Training, Commission-recognized in-service training course, or training course delivered pursuant to 12 NCAC 10B .0601, .1302, or .2005.

(c) An application for certification renewal shall contain, in addition to the requirements listed in Rule .0310 of this Section, documentary evidence that the applicant has remained active in the instructional process during the previous three-year period. Such documentary evidence shall include the following:

(1) proof that the applicant has, within the three-year period preceding application for renewal, instructed at least 12 hours in each of the topics for which Specialized Instructor Certification was granted, and that instruction was provided in a Commission-approved basic training, Specialized Instructor Training, Commission-recognized in-service training course, or training course delivered pursuant to 12 NCAC 10B .0601, .1302, or .2005. Acceptable documentary evidence shall include official Commission records submitted by School Directors or In-Service Training Coordinators and written attestation from a School Director or In-Service Training Coordinator;

(2) proof that the applicant has, within the three-year period preceding application for renewal, attended and completed all instructor updates that have been issued by the Commission. Acceptable documentary evidence shall include official Commission records submitted by School Directors or In-Service Training Coordinators, or copies of certificates of completion issued by the institution which provided the instructor updates; and

(3) a favorable written recommendation from a School Director or In-Service Training Coordinator completed on an Application for Instructor and Professional Lecturer Certification Form (Form F-12), pursuant to 12 NCAC 09I .0101(a)(1), stating the instructor taught at least 12 hours in each of the topics for which Specialized Instructor Certification was granted. The teaching shall have been provided in a Commission-approved basic training, or Commission-recognized in-service training course, or training course delivered pursuant to 12 NCAC 09G .0411 or 09G .0412;

(4) a favorable written evaluation by a School Director, Qualified Assistant, In-Service Training Coordinator, or another Specialized Instructor certified in the same specialized subject, based on an on-site classroom evaluation of a presentation by the instructor in a Commission-approved basic training, Specialized Instructor Training, Commission-recognized in-service training course, or training course delivered, pursuant to 12 NCAC 09G .0411 or 09G .0412, during the three-year period of Specialized Instructor Certification. Such evaluation shall be presented on a Criminal Justice Instructor Evaluation Form F-16, pursuant to Rule .0202 of this Subchapter and 12 NCAC 09I .0101(a)(2).

(d) Upon expiration of their Specialized Instructor certification, instructors have 90 days to submit renewal documentation to the Division for review and approval. During this 90-day period, instructors shall not teach any Commission-approved courses or blocks of instruction that require instruction by a Specialized Instructor. The Director may, for just cause, grant an extension of the 90-day period in which an instructor's renewal application must be submitted, however, such extension shall not exceed 12 months and shall not extend the instructor's certification period beyond its specified expiration period. For purposes of this Rule, just cause means accident, illness, emergency, or other exceptional circumstances that precluded the instructor from submitting the renewal documentation.

(e) Individuals who hold Specialized Instructor certification may, for just cause, be granted an extension of the three-year period to teach the 12 hour minimum requirement, pursuant to Paragraph (b) of this Rule. The Director may grant such extensions on a one-time basis only not to exceed 12 months. For purposes of this Rule, just cause means accident, illness, emergency, course cancellation, or other exceptional circumstances that precluded the instructor from fulfilling the teaching requirement.

(f) Those individuals who have previously held Specialized Instructor Certification and have not exceeded a three-year time period from when his or her Specialized Instructor Certification expired are eligible to apply for re-issuance of the previously held Specialized Instructor Certification. An application for re-issuance shall contain documentation that the applicant:

(1) holds a current General Instructor certification, pursuant to 12 NCAC 09G .0308;

(2) has completed the pre-qualification skills assessment for that specialty; and

(3) has passed the state examination for that specialty with a minimum score of 75.

(g) Applicants for re-issuance of the Specialized Instructor Certification shall have one opportunity to pass the prequalification skills assessment and the state examination for that specialty. Should an applicant not pass either the prequalification skills assessment or the state examination for that specialty, the applicant shall complete the specific Specialized Instructor Course in its entirety.

(h) Applicants whose Specialized Instructor Certification is suspended or revoked shall not qualify for re-issuance.

(i) After re-issuance of certification, the instructor shall complete eight hours of evaluated instruction in the specialty where re-issuance of certification is sought, as documented on an F-16 Form located on the agency's website: https://ncdoj.gov/law-enforcement training/criminal-justice/forms-and-publications/. The eight hours of instruction shall be taught within 60 days of the Specialized Instructor Certification being reissued and evaluated by a Specialized Instructor certified in that specialty. Failure to complete the required eight hours of evaluated instruction shall result in the reissued Specialized Instructor Certification being revoked.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2017; May 1, 2014; June 1, 2012; January 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026; January 1, 2020.
12 NCAC 09G .0312 Instructor Certification Renewal {#sec-12-ncac-09g-.0312 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0312}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2017; August 1, 2006; January 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. May 1, 2025.
12 NCAC 09G .0313 Corrections Instructor Training {#sec-12-ncac-09g-.0313 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0313}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. January 1, 2018; August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. January 1, 2021
  • Repealed Eff. May 1, 2025
  • Expired Eff. July 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 09G .0314 Comprehensive Written Exam - Instructor Training {#sec-12-ncac-09g-.0314 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0314}

(a) A representative of the Standards Division shall administer a comprehensive written examination to each trainee who has completed the first 12 units of the Criminal Justice Instructor Training Course as described in the "Instructor Training" manual.

(b) The examination shall be an objective test covering the topic areas contained in the accredited course curriculum.

(c) A trainee shall achieve a passing score on the comprehensive written examination if he or she achieves a minimum of 75 percent correct answers.

(d) A trainee who has participated in a scheduled delivery of an accredited training course and has demonstrated satisfactory competence in each performance area of the course curriculum, who has scored at least 65 percent but has failed to achieve the minimum passing score of 75 percent on the comprehensive written examination, may request the Director of the Standards Division to authorize a re-examination of the trainee.

(1) The trainee's request for re-examination shall be made in writing on the Commission's Re-Examination Request form and shall be received by the Standards Division within 30 days of the examination. The Re-Examination Request form is located on the Agency's website: http://www.ncdoj.gov/getdoc/b38b7eee-e311-4ec3-8f9c-bd8fd58f6281/SMI-6-Reexam-6-11.aspx.

(2) The trainee's request for re-examination shall include the favorable recommendation of the School Director who administered the course.

(3) A trainee shall have, within 60 days of the original examination, only one opportunity for re-examination and shall achieve a passing score on the subsequent examination.

(4) The trainee shall be assigned in writing by the Standards Division staff a place, time, and date for re-examination.

(5) Should the trainee not achieve a minimum score of 75 percent on the re-examination, the trainee shall not be given course completion and shall enroll and complete a subsequent offering of the instructor course before further examination may be permitted.

(e) A trainee who fails to score at least 65 percent on the comprehensive written examination shall not be eligible for re-examination, and shall complete a subsequent offering of the instructor training course before further examination is permitted.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2015
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0315 Comprehensive Written Exam - Specialized Instructor Training {#sec-12-ncac-09g-.0315 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0315}

(a) At the conclusion of a school's offering of the "Specialized Firearms Instructor Training" and "Specialized Controls, Restraints and Defensive Techniques Instructor Training" course in its entirety, the Commission shall administer a comprehensive written examination to each trainee who has satisfactorily completed all of the required course work. A trainee shall not be administered the comprehensive written examination until such time as all of the pertinent course work is completed.

(b) The examination shall be an objective test consisting of multiple-choice, true-false, or similar questions covering the topic areas contained in the accredited course curriculum.

(c) The Commission's representative shall submit to the School Director within five days of the administration of the examination a report of the results of the test for each trainee examined.

(d) A trainee shall successfully complete the comprehensive written examination if he/she achieves a minimum of 75 percent correct answers.

(e) A trainee who fails to achieve the minimum score of 75 percent on the Commission's comprehensive written examination shall not be given successful course completion and shall enroll and successfully complete a subsequent offering of the specialized instructor training course in its entirety before further examination may be permitted.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0316 Professional Lecturer Certification {#sec-12-ncac-09g-.0316 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0316}

(a) The Commission may issue Professional Lecturer Certification to a person in a profession, who, by virtue of academic degrees and professional expertise, has developed special knowledge in one or more of the following areas:

(1) Law;

(2) Psychology;

(3) Medicine.

(b) To be eligible for such certification, an applicant shall:

(1) be a graduate of a regionally accredited law school, medical school, or other school accredited for conferring degrees in law, psychology or medicine;

(2) obtain the endorsement of a Commission-certified School Director who shall:

(A) recommend the applicant for certification as a professional lecturer;

(B) describe the applicant's expected participation, topical areas, duties, and responsibilities in a delivery of Commission-accredited training course conducted by the school; and

(C) describe the attributes showing the applicant to be a beneficial contributor to the delivery or presentation in a Commission-accredited training program.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0401 Administration of Basic Corrections Training Schools {#sec-12-ncac-09g-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0401}

(a) The Secretary of the North Carolina Department of Correction shall have primary responsibility for implementation of the rules in this Section. The executive officer or officers of the institution or agency shall secure School Certification pursuant to 12 NCAC 09G .0402 prior to offering any corrections training course.

(b) The Secretary shall designate one compensated staff member for each Commission-certified program for which the North Carolina Department of Correction has been granted certification. Such staff member shall be formally certified by the Commission under Rule .0405 of this Subchapter to be the corrections School Director. The School Director shall have administrative responsibility for planning, scheduling, presenting, coordinating, reporting, and generally managing each sponsored certified corrections training course. If the certified institution or agency assigns additional responsibilities to the certified School Director during the planning, development, and implementation of a certified training course, an additional Qualified Assistant must be designated to assist the School Director in the administration of the course. This person must be selected by the School Director and must attend a course orientation conducted by Standards Division staff and attend the annual School Directors' Conference.

History

  • Authority 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Temporary Adoption Expired December 20, 2001
  • Temporary Adoption Eff. April 15, 2003
  • Eff. April 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0402 Accreditation of Corrections Schools {#sec-12-ncac-09g-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0402}

(a) The Commission shall establish a standing subcommittee of the Education and Training Committee for the purposes of evaluating Request for School Accreditation applications and making recommendations to the Education and Training Committee on the granting of accreditation to institutions and agencies. The Accreditation Committee shall be comprised of two members appointed by the School Directors' Advisory Committee and two members who shall be commission members to include the North Carolina Community Colleges System's representative to the Commission. The Chairman of the Commission shall appoint the Chairman of the Accreditation Committee.

(b) Any school meeting the minimum requirements contained in 12 NCAC 09G .0400 must submit a properly completed Request for School Accreditation application. Upon receipt of a properly completed Request for School Accreditation application:

(1) the Standards Division staff shall review the application for any omissions and clarifications and conduct a site visit to tour facilities, confirm information on the application, and determine if and where deficiencies exist;

(2) the applying institution or agency shall be contacted concerning deficiencies and assistance shall be given on correcting problem areas;

(3) the application and staff reports are submitted to the Accreditation Committee for review;

(4) a recommendation shall be submitted to the Education and Training Committee on the approval or denial of the application; and

(5) the Education and Training Committee shall recommend to the full Commission at its next regularly scheduled meeting the approval or denial of accreditation for the applicant institution or agency.

(c) Accreditation of a school shall remain effective for five years from issuance unless earlier suspended or revoked for just cause.

(d) The identity of those schools accredited under this Rule shall be published and distributed annually by the Standards Division together with the name and business address of the School Director and the schedule of corrections training courses planned for delivery during the succeeding year.

(e) A school may apply for reaccreditation to the Commission by submitting a properly completed Request for School Accreditation application. The application for reaccreditation shall contain information on changes in facilities, equipment, and staffing. Upon receipt of a properly completed application:

(1) the Standards Division staff shall review the application for any omissions and clarification;

(2) copies of the site visits conducted during the last period of certification shall be attached to the application;

(3) the application and staff reports shall be submitted to the Accreditation Committee for review;

(4) a recommendation shall be submitted to the Education and Training Committee on the approval or denial of the application; and

(5) the Education and Training Committee shall recommend to the full Commission at its next regularly scheduled meeting the approval or denial of reaccreditation of the applicant institution or agency.

(f) In instances where accredited schools have been found to be in compliance with 12 NCAC 09G .0400 through favorable site visit reports, Standards Division staff shall be authorized to reaccredit on behalf of the Commission. Such action shall be reported to the Commission through the Accreditation Committee and the Education and Training Committee at its next scheduled meeting.

(g) The Commission may suspend or revoke a school's accreditation when it finds that the school has failed to meet or continuously maintain any requirement, standard, or procedure for school or course accreditation.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0403 Accreditation of Training Courses {#sec-12-ncac-09g-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0403}

(a) An accredited corrections school shall apply for accreditation for each of its courses by submitting a completed Request for Training Course Accreditation Form.

(b) One of two types of accreditation may be sought by the school, depending upon the nature of the course for which accreditation is sought.

(1) Temporary accreditation shall apply to courses being offered by an accredited school on a one-time basis and will remain effective for the duration of the specified course offering, not in excess of one year.

(2) Continuing accreditation shall apply to courses offered by an accredited school and will remain effective until surrendered, revoked, or the school's accreditation expires, or is suspended, or is revoked.

(c) The Commission may suspend or revoke the accreditation of a course when it finds that the school has failed to meet or to continuously maintain any requirement, standard, or procedure for course accreditation.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0404 Pilot Course Presentation/Participation {#sec-12-ncac-09g-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0404}

(a) The Education and Training Committee shall recommend to the Commission the most efficient and effective delivery system and developer of course curricula for the implementation of newly developed training courses based upon the size of the target population, the nature and complexity of the training problem, and the availability of resources. Designation of the developer of course curricula by the Commission shall be deemed as approval of the developer to conduct pilot courses.

(b) Individuals who successfully complete a pilot course offering shall not be required by other rules of this Subchapter to complete additional training for that specific certification program. Such pilot training courses shall be recognized for purposes of certification or recertification.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0405 Certification of School Directors {#sec-12-ncac-09g-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0405}

(a) Any person designated to act as, or who performs the duties of, a School Director in the delivery or presentation of a Commission-certified corrections training course shall be and continuously remain certified by the Commission as a School Director.

(b) To qualify for initial certification as a corrections School Director, an applicant shall:

(1) Hold current General Instructor Certification as issued by the North Carolina Criminal Justice Education and Training Standards Commission;

(2) Furnish documentary evidence to the Standards Division of high school, college, or university graduation as outlined in 12 NCAC 09G .0204.

(3) attend or have attended the most current offering of the School Director's orientation as developed and presented by the Commission staff, otherwise an individual orientation with a staff member shall be required;

(4) submit a completed Form F-10 School Director/Qualified Assistant Application to the Commission for the issuance of such certification. This request shall be executed by the executive officer of the Office of Staff Development and Training of the North Carolina Department of Adult Correction, and shall contain the requirements as set forth in 12 NCAC 09B .0501(4).

(c) In addition to the requirements identified in Subparagraph (b) of this Rule, to qualify for certification as a School Director in the presentation of the "Criminal Justice Instructor Training Course" an applicant shall document successful completion of Instructor Training Orientation presented by the North Carolina Justice Academy on delivery of the instructor training course and trainee evaluation.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Temporary Adoption Expired December 20, 2001
  • Temporary Adoption Eff. April 15, 2003
  • Eff. April 1, 2004
  • Amended Eff. February 1, 2016; January 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. December 1, 2023.
12 NCAC 09G .0406 Terms and Conditions of School Director Certification {#sec-12-ncac-09g-.0406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0406}

(a) The term of certification as a School Director is two years from the date the Commission issues the certification, unless earlier terminated by action of the Commission. Upon application the certification may subsequently be renewed by the Commission for two-year periods. The application for renewal, F-10 School Director/Qualified Assistant Application, shall meet the requirements as outlined in 12 NCAC 09B .0501(4).

(b) To retain certification as School Director, the School Director shall:

(1) Participate in annual training conducted by Commission staff. This annual training shall be delivered in a conference, classroom, or virtual format and shall contain information relevant to the responsibilities of a School Director, as outlined in 12 NCAC 09G .0408;

(2) Submit a renewal application executed by the executive officer of the institution or agency currently certified by the Commission to make presentation of certified training programs and for whom the applicant will be the designated School Director.

(3) Hold current General Instructor Certification as issued by the North Carolina Criminal Justice Education and Training Standards Commission.

(c) The Director may grant a waiver of attendance at the annual training for just cause. For purposes of this Rule, just cause means accident, illness, emergency, or other circumstances, which precluded the School Director from attending the scheduled annual training. School Directors who receive a waiver of attendance shall be required to complete a make up training session prior to the end of the calendar year in which the training requirement applies.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Temporary Adoption Expired December 20, 2001
  • Temporary Adoption Eff. April 15, 2003
  • Eff. April 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. December 1, 2023.
12 NCAC 09G .0407 Suspension: Revocation: Denial/School Director Certification {#sec-12-ncac-09g-.0407 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0407}

(a) The Commission may deny, suspend, or revoke certification of a School Director when the Commission finds that the person has failed to meet or maintain any of the requirements for qualification or through performance fails to comply with the rules of this Chapter.

(b) Prior to the Commission's action denying, suspending, or revoking a School Director's certification, the Standards Division may notify the person that a deficiency appears to exist and may attempt, in an advisory capacity, to assist the person in correcting the deficiency.

(c) The Commission shall deny, suspend or revoke the certification of a School Director when they have found the person has engaged in any conduct outlined in 12 NCAC 09B .0301(e) and (f).

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Temporary Adoption Expired December 20, 2001
  • Temporary Adoption Eff. April 15, 2003
  • Eff. April 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. August 1, 2019.
12 NCAC 09G .0408 Responsibilities of the School Director {#sec-12-ncac-09g-.0408 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0408}

In planning, developing, coordinating, and delivering each Commission-approved corrections training course, the School Director shall:

(1) formalize and schedule the course curriculum in accordance with the curriculum standards established in this Subchapter;

(2) schedule course presentation for delivery such that each training course required for certification shall be presented on a regular basis; and

(3) select and schedule instructors who are certified by the Commission.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0409 Admission of Trainees and Course Enrollment {#sec-12-ncac-09g-.0409 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0409}

The school may not enroll any trainee later than the second day of delivery of an accredited training course unless the trainee's enrollment is pursuant to prescribed supplementary or remedial training required under 12 NCAC 09G .0410 of this Section.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0410 Lateral Transfers {#sec-12-ncac-09g-.0410 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0410}

(a) A Corrections Officer holding prior certification from another state, federal, or military Department of Correction, or equivalent, is eligible to transfer certification from one state, federal, or military Department of Correction or equivalent to the North Carolina Department of Adult Correction (NCDAC) and be certified by the Commission if the officer:

(1) has a minimum of two years full-time service as a state, federal, or military correctional officer or probation/parole officer;

(2) has less than a one-year break in service from their most recent certified role;

(3) provides documentary evidence of the completion of training that has been approved by the appropriate state, federal, or military entity charged with regulating correctional or probation/parole officers in the jurisdiction in which the training was received;

(4) has completed the appropriate abbreviated course of instruction focused on current standards of the NCDAC, delivered by the NCDAC Office of Staff Development and Training;

(5) has completed the mandatory firearms classroom training and achieves a passing qualification score on the firearms range qualification with the agency duty weapon(s); and

(6) has achieved a passing score on the Commission-approved basic training course for correctional officers or probation/parole officers, whichever is applicable.

(b) Applicants pursuant to subsection (a) will be allowed to remediate one failure under each Subparagraphs (a)(5) and (a)(6) of this Rule, but, upon a second failure of either, will be required to complete the entire commission accredited basic training for correctional or probation/parole officers before being eligible for certification.

(c) A North Carolina justice officer, as defined in 12 NCAC 10B .0301, is eligible to transfer certification from one state or local law enforcement agency to NCDAC and be certified as a correctional officer by the Commission if the officer:

(1) has a minimum of two years full-time service as a justice officer as defined in 12 NCAC 10B .0301;

(2) has less than a one-year break in service from their most recent certified role;

(3) provides documentary evidence of the completion of the Detention Officer Certification Course pursuant to 12 NCAC 10B .0605, and holds a general certification or probationary certification from the Sheriffs' Education and Training and Standards Commission;

(4) has completed an abbreviated course of instruction focused on current standards of NCDAC, delivered by the NCDAC Office of Staff Development and Training;

(5) has completed the mandatory firearms classroom training and achieves a passing qualification score on the firearms range qualification with the agency duty weapon(s); and

(6) has achieved a passing score on the Commission-approved basic training course for correctional officers.

(d) Applicants pursuant to Paragraph (c) will be allowed to remediate one failure under each Subparagraphs (c)(4) and (c)(5) of this Rule, but, upon a second failure of either, will be required to complete the entire commission accredited basic training for correctional or probation/parole officers before being eligible for certification.

(e) Prior to certification, NCDAC must submit to the Division evidence of compliance with the requirements of 12 NCAC 09G .0208 for any applicants pursuant to this Section.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff: October 1, 2025.
12 NCAC 09G .0411 Basic Training for Correctional Officers {#sec-12-ncac-09g-.0411 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0411}

(a) The Correctional Officer Basic Training (COBT) Course shall consist of instruction designed to provide the trainee with the skills and knowledge to perform those tasks essential to function as a correctional officer. The COBT Course shall consist of a minimum of 160 hours of instruction and include the following course topics:

(1) Firearms;

(2) Defensive Protection;

(3) Legal Issues for Correctional Supervision;

(4) Emergency Procedures;

(5) Operational Processes;

(6) The Institution Culture;

(7) Basic Life Support; and

(8) Contemporary Correctional Theory.

(b) The Abbreviated COBT Course shall consist of instruction designed to provide trainees that have prior experience as correctional officers, pursuant to 12 NCAC 09G .0305(b), with the skills and knowledge to perform those tasks essential to function as a correctional officer. The Abbreviated COBT Course shall consist of a minimum of 50 hours of instruction and include the following course topics:

(1) Firearms;

(2) Defensive Protection;

(3) Legal Issues for Correctional Supervision;

(4) Emergency Procedures;

(5) Operational Processes;

(6) The Institutional Culture; and

(7) Contemporary Correctional Theory.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Readopted Eff. July 1, 2026.
12 NCAC 09G .0412 Basic Training for Probation/Parole Officers {#sec-12-ncac-09g-.0412 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0412}

(a) The Probation/Parole Officer Basic Training (PPOBT) Course shall consist of instruction designed to provide the trainee with the skills and knowledge to perform those tasks essential to function as a probation/parole officer. The PPOBT Course shall consist of a minimum of 216 hours and include the following course topics:

(1) Firearms;

(2) Defensive Protection;

(3) Court Processes;

(4) Case Processing and Management;

(5) Arrest Procedures;

(6) Basic Life Support;

(7) Employee Wellness;

(8) Professional Ethics;

(9) Personal and Professional Conduct; and

(10) Contemporary Correctional Theory.

(b) The Abbreviated PPOBT Course shall consist of instruction designed to provide trainees that have prior experience as probation/parole officers, pursuant to 12 NCAC 09G .0305(b), with the skills and knowledge to perform those tasks essential to function as a probation/parole officer. The Abbreviated PPOBT Course shall consist of a minimum of 50 hours of instruction and include the following course topics:

(1) Firearms;

(2) Defensive Protection;

(3) Court Processes;

(4) Case Processing and Management;

(5) Arrest Procedures;

(6) Professional Ethics;

(7) Personal and Professional Conduct; and

(8) Contemporary Correctional Theory.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2015; February 1, 2006; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Readopted Eff. July 1, 2026.
12 NCAC 09G .0413 BASIC TRAINING FOR probation/parole officers-intermediate {#sec-12-ncac-09g-.0413 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0413}

History

  • Status: repealed
  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. August 1, 2004
  • Repealed Eff. January 1, 2015.
12 NCAC 09G .0414 Instructor Training {#sec-12-ncac-09g-.0414 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0414}

(a) The Instructor Training course required for General Instructor certification shall consist of at least the minimum number of hours of instruction as defined in 12 NCAC 09B .0209 to be completed within 15 business days. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to the Section shall be posted on the CJETS website https://ncdoj.gov/law-enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began during the effective period of the State of Emergency.

(b) Each Instructor Training course shall be designed to provide the trainee with the skills and knowledge to perform the functions of a criminal justice instructor.

(c) The "Instructor Training Manual" published by the North Carolina Justice Academy shall be applied as the curriculum for instructor training courses. Copies of this publication may be inspected at the agency:

and may be purchased at the cost of printing and postage from the North Carolina Justice Academy at the following address:

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. July 1, 2018; April 1, 2018; January 1, 2018; January 1, 2015
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. April 1, 2022; July 1, 2021; January 1, 2021.
12 NCAC 09G .0415 CORRECTIONs SPECIALIZED INSTRUCTOR TRAINING – FIREARMS {#sec-12-ncac-09g-.0415 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0415}

(a) The instructor training course requirement for Corrections Specialized Instructor Training – Firearms certification shall consist of at least 80 hours of instruction presented during a period of not more than two consecutive weeks. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to the Section shall be posted on the CJETS website https://ncdoj.gov/law-enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began during the effective period of the State of Emergency.

(b) Each Corrections Specialized Instructor Training – Firearms course shall be designed to provide the trainee with the skills and knowledge to perform the function of a corrections firearms instructor in the "Basic Training – Correctional Officer" course, "Basic Training - Probation/Parole Officer" course, and in-service training courses for correctional officers and probation/parole officers.

(c) Each Corrections Specialized Firearms Instructor Training course shall include the following topical areas:

(1) Course Overview;

(2) Legal Considerations for Firearm Instructors;

(3) Department of Public Safety, Division of Adult Correction Firearms Training Courses;

(4) Firearms Safety;

(5) Range Operations;

(6) Medical Emergencies on the Range;

(7) Handgun – Operation, Use and Maintenance:

(A) Handgun Training – Classroom and Range;

(B) Handgun Low/Limited Light Fire; and

(C) Handgun Care and Maintenance;

(8) Advanced Handgun Training – Classroom and Range;

(9) Shotgun Operation, Use and Maintenance:

(A) Shotgun Training – Classroom and Range;

(B) Shotgun Low/Limited Light Fire – Range; and

(C) Shotgun Care and Maintenance;

(10) Special Techniques, Training Aids, and Methods:

(11) Situational Use of Firearms:

(A) The Shooting Decision;

(B) Situational Use of Firearms;

(C) Situational Exercises – Day; and

(D) Situational Exercises – Low/Limited Light; and

(12) Administrative Matters, Testing, and Evaluation.

(d) The Commission certified school that is certified to offer the "Corrections Specialized Instructor Training - Firearms" course is the Office of Staff Development and Training of the North Carolina Department of Public Safety.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. May 1, 2014; April 1, 2008; February 1, 2006; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. April 1, 2022.
12 NCAC 09G .0416 CORRECTIONS SPECIALIZED INSTRUCTOR TRAINING - Controls, Restraints, and Defensive Techniques {#sec-12-ncac-09g-.0416 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0416}

(a) The instructor training course requirement for corrections specialized controls, restraints, and defensive techniques (CRDT) instructor certification shall consist of at least 80 hours of instruction presented during a period of not more than two consecutive weeks. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(1) Whether instruction has begun in the course or whether course initiation may be postponed;

(2) The risk of harm to students that may be caused by continuation of the course;

(3) Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4) The specific need for the waiver; and

(5) The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to the Section shall be posted on the CJETS website https://ncdoj.gov/law-enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began during the effective period of the State of Emergency.

(b) Each corrections specialized controls, restraints, and defensive techniques instructor training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a corrections controls, restraints, and defensive techniques instructor in the "Basic Training - Correctional Officer" course, "Basic Training - Probation/Parole Officer" course, and in-service training courses for correctional officers and probation/parole officers.

(c) Each corrections specialized controls, restraints, and defensive techniques instructor training course shall include the following topical areas:

(1) Introduction to Controls, Restraints, and Defensive Techniques;

(2) Physical Fitness/Warm-up and Stretching;

(3) Response to Injury;

(4) Basic Controls and Techniques;

(5) Advanced Controls and Techniques;

(6) Restraint Applications; and

(7) CRDT Program Student Evaluations and Testing.

(d) The Commission-certified school that is certified to offer the "Corrections Specialized Instructor Training/Controls, Restraints, and Defensive Techniques" course is the Office of Staff Development and Training of the North Carolina Department of Public Safety.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. May 1, 2014; November 1, 2005; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. April 1, 2022.
12 NCAC 09G .0417 Certification of Qualified Assistant {#sec-12-ncac-09g-.0417 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0417}

(a) If the accredited institution or agency assigns additional responsibilities to the certified School Director during the planning, development, and implementation of a Commission approved training course, a Qualified Assistant shall be designated to assist the School Director in the administration of the course. To be eligible to serve as a Qualified Assistant, an applicant shall:

(1) be selected by the School Director;

(2) hold current General Instructor certification as issued by the North Carolina Criminal Justice Education and Training Standards Commission, pursuant to 12 NCAC 09B .0302;

(3) furnish documentary evidence to the Standards Division of high school, college, or university graduation as outlined in 12 NCAC 09B .0104.

(4) attend or have attended the most current offering of the Qualified Assistant's orientation as developed and presented by the Commission staff;

(5) submit a Form F-10 School Director/Qualified Assistant Application to the Commission for the issuance of such certification. This application shall be executed by the certified School Director of the institution or agency currently accredited to administer Commission approved training courses and for whom the applicant will be the designated Qualified Assistant; and

(6) In addition to the requirements identified in this Paragraph, to qualify for certification as a Qualified Assistant in the presentation of the Criminal Justice Instructor Training Course, an applicant shall document completion of the Instructor Training Orientation presented by the North Carolina Justice Academy on delivery of instructor training course and student evaluations.

(b) As directed by the School Director, the Qualified Assistant shall assist in the planning, developing, coordinating, and delivering of Commission-mandated training courses as outlined in Rule .0408 of this Section.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 2020
  • Amended Eff. November 1, 2024.
12 NCAC 09G .0418 Terms and Conditions of Qualified Assistant Certification {#sec-12-ncac-09g-.0418 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0418}

(a) The term of certification as a Qualified Assistant is three years from the date the Commission issues the certification, unless earlier terminated by action of the Commission. The application for renewal shall include documentation meeting the requirements of Rule .0417(a) and (b) of this Section.

(b) The Commission may deny, suspend, or revoke certification as a Qualified Assistant when the Commission finds that the person failed to meet or maintain any of the requirements for qualification or failed to comply with the rules of this Chapter.

(c) Prior to the Commission's action denying, suspending, or revoking a Qualified Assistant's certification, the Standards Division shall notify the person that a deficiency appears to exist and may attempt, in an advisory capacity, to assist the person in correcting the deficiency.

(d) The Commission shall deny, suspend, or revoke the certification of a Qualified Assistant when it have found the person has engaged in any conduct outlined in Rule .0307 of this Subchapter.

(e) To retain certification as a Qualified Assistant, the Qualified Assistant shall:

(1) Participate in annual training conducted by Commission staff. This annual training shall be delivered in a conference, classroom, or virtual format and shall contain information relevant to the responsibilities of a Qualified Assistant, as outlined in Rule .0417(c) of this Section;

(2) Hold current General Instructor Certification as issued by the North Carolina Criminal Justice Education and Training Standards Commission.

(f) The Director shall grant a waiver of attendance at the annual training for just cause. For purposes of this Rule, just cause means accident, illness, emergency, or other circumstances, which precluded the Qualified Assistant from attending the scheduled annual training. Qualified Assistants who receive a waiver of attendance shall be required to complete a make up training session prior to the end of the calendar year in which the training requirement applies.

History

  • Authority G.S. 17C-6
  • Eff. January 1, 2020
  • Amended Eff. November 1, 2024.
12 NCAC 09G .0501 Investigation of Violation of Rules {#sec-12-ncac-09g-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0501}

(a) If any corrections agency, school, authorized representative acting on behalf of either, or individual is reported to be or suspected of being in violation of any of the rules in this Subchapter, the Commission may take action to correct the violation and to ensure that similar violations do not occur.

(b) Before taking action against an agency, school, or individual for a violation, the Standards Division shall investigate the alleged violation and present a report of its findings to the Probable Cause Committee of the Commission.

(c) The Probable Cause Committee shall convene prior to the next regular meeting of the Commission, shall consider the report of the Standards Division, and shall make a determination as to whether or not probable cause exists that the Commission's rules have been violated.

(d) The Probable Cause Committee may:

(1) direct the Standards Division to conduct a further investigation of the alleged violation;

(2) request the Attorney General to authorize an investigation by the State Bureau of Investigation of the alleged violation;

(3) direct the Standards Division to conduct an administrative hearing in the matter, pursuant to 12 NCAC 09G .0103; or

(4) determine the appropriate sanctions against the violator pursuant to the Commission's rules.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. March 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0502 Sanctions for Violations by Agencies or Schools {#sec-12-ncac-09g-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0502}

If the Commission finds that a violation has been committed by an agency or school, the Commission may:

(1) issue an oral warning and request for compliance;

(2) issue a written warning and request for compliance;

(3) issue an official written reprimand;

(4) suspend and refuse to grant accreditation to any school or program or course of instruction until proper corrective measures have been taken to bring the agency or school into compliance with these Rules and verification of such compliance has been made by the Commission; or

(5) suspend and refuse to grant accreditation to any school or program or course of instruction for a specific period of time not to exceed five years.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0503 Sanctions for Violations by Individuals {#sec-12-ncac-09g-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0503}

When any person certified by the Commission is found to have knowingly and willfully violated any provision or requirement of these Rules, the Commission may take action to correct the violation and to ensure that the violation does not reoccur, including:

(1) issuing an oral warning and request for compliance;

(2) issuing a written warning and request for compliance;

(3) issuing an official written reprimand;

(4) suspending the individual's certification for a specified period of time or until acceptable corrective action is taken by the individual; or

(5) revoking or denying the individual's certification.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09G .0504 Suspension: Revocation: or Denial of Certification {#sec-12-ncac-09g-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0504}

(a) The Commission shall revoke the certification of a correctional officer or probation/parole officer when the Commission finds that the officer has committed or been convicted of a felony offense.

(b) The Commission shall deny the certification of a correctional officer when the Commission finds the officer has been convicted of a felony.

(c) The Commission shall deny the certification of a probation/parole officer when the Commission finds the officer has committed or been convicted of a felony offense.

(d) The Commission may, based on the evidence for each case, suspend, revoke, or deny the certification of a corrections officer, as defined in 12 NCAC 09G .0102(4) when the Commission finds that the applicant for certification or the certified officer:

(1) has not enrolled in and completed with passing scores the required basic training course in its entirety in time periods prescribed in 12 NCAC 09G .0400 applicable to a specified position or job title;

(2) fails to meet or maintain one or more of the employment standards required by 12 NCAC 09G .0200 for the category of the officer's certification or fails to meet or maintain one or more of the training standards required by 12 NCAC 09G .0400 for the category of the officer's certification;

(3) for correctional officers as defined in 12 NCAC 09G .0102(3), have been convicted of a Class B misdemeanor as defined in 12 NCAC 09G .0102(12)(b) within a three year period prior to the date of application for employment or have completed any corrections supervision imposed by the courts for such crimes within three years of issuance of certification, whichever is later;

(4) for correctional officers as defined in 12 NCAC 09G .0102(3), have committed or been convicted of a Class B misdemeanor as defined in 12 NCAC 09G .0102(12)(b) after certification;

(5) for probation/parole officers as defined in 12 NCAC 09G .0102(12), have committed or been convicted of a Class B misdemeanor as defined in 12 NCAC 09G .0102(12)(b) for a three year period prior to the date of application for employment or after certification have completed any corrections supervision imposed by the courts for such crimes within three years of issuance of certification;

(6) has been discharged by the North Carolina Department of Adult Correction for:

(A) commission or conviction of a motor vehicle offense requiring the revocation of the officer's drivers license; or

(B) lack of good moral character as defined in 12 NCAC 09G .0206;

(7) has been discharged by the North Carolina Department of Public Safety, Division of Adult Correction and Juvenile Justice because the officer lacks the mental or physical capabilities to fulfill the responsibilities of a corrections officer;

(8) has knowingly made a material misrepresentation of any information required for certification or accreditation;

(9) has knowingly and willfully, by any means of false pretense, deception, fraud, misrepresentation, or cheating whatsoever, obtained or attempted to obtain credit, training, or certification from the Commission;

(10) has knowingly and willfully, by any means of false pretense, deception, fraud, misrepresentation, or cheating whatsoever, aided another person in obtaining or attempting to obtain credit, training, or certification from the Commission;

(11) has failed to notify the Standards Division of all criminal charges or convictions as required by 12 NCAC 09G .0208 or .0209;

(12) has been removed from office by decree of the Superior Court in accord with the provisions of G.S. 128-16 or has been removed from office by sentence of the court in accord with the provisions of G.S. 14-230;

(13) has refused to submit to an applicant drug screen as required by 12 NCAC 09G .0206; or has refused to submit to an in-service drug screen pursuant to the guidelines set forth in the Drug Screening Implementation Guide as required by the Department of Public Safety, Division of Adult Correction and Juvenile Justice;

(14) has produced a positive result on a drug screen reported to the Commission as specified in 12 NCAC 09G .0206, where the positive result cannot be explained to the Commission's satisfaction. For the purposes of this Rule, "to the Commission's satisfaction" shall be determined on a case-by-case basis, and the use of a prescribed drug shall be satisfactory; or

(15) has been denied certification or had such certification suspended or revoked by a previous action of the North Carolina Criminal Justice Education and Training Standards Commission, the North Carolina Company Police Program, the North Carolina Campus Police Program, the North Carolina Sheriffs' Education and Training Standards Commission, or a similar North Carolina, out of state, or federal approving, certifying, or licensing agency whose function is the same or similar to the agencies if the certification was denied, suspended, or revoked based on grounds that would constitute a violation of this Subchapter.

(e) Following suspension, revocation, or denial of the person's certification, the person shall not remain employed or appointed as a corrections officer and the person shall not exercise any authority of a corrections officer during a period for which the person's certification is suspended, revoked, or denied.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. May 1, 2023; December 1, 2018; January 1, 2015; April 1, 2009; December 1, 2004; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2023; August 1, 2021.
12 NCAC 09G .0505 Period of Suspension: Revocation: or Denial {#sec-12-ncac-09g-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0505}

(a) When the Commission revokes or denies the certification of a corrections officer pursuant to 12 NCAC 09G .0504 of this Section, the period of the sanction shall be permanent where the cause of the sanction is the commission or conviction of a felony offense, and shall be 10 years where the cause of sanction is:

(1) the second suspension of an officer's certification for any of the causes requiring a three-year period of suspension; or

(2) revocation or denial of certification by the North Carolina Sheriffs' Education and Training Standards Commission based on grounds that would constitute a violation of this Subchapter.

(b) When the Commission suspends or denies the certification of a corrections officer pursuant to 12 NCAC 09G .0504 of this Section, the period of sanction shall be not less than three years; however, the Commission may reduce or suspend the period of sanction or substitute a period of probation in lieu of suspension of certification, or impose a combination of reduction, suspension, or probation as determined on a case-by-case basis following a consent order or an administrative hearing, where the cause of sanction is:

(1) conviction of a Class B misdemeanor as defined in 12 NCAC 09G .0102(12)(b), for a three year period prior to the date of application, or completion of any corrections supervision imposed by the courts for such crimes within three years of issuance of certification;

(2) commission or conviction of a Class B misdemeanor as defined in 12 NCAC 09G .0102(12)(b), after certification;

(3) discharge by the North Carolina Department of Adult Correction pursuant to 12 NCAC 09G .0504(b)(4) and (b)(5) of this Section;

(4) refusal to submit to the applicant drug screen required by the Rules in this Subchapter;

(5) production of a positive result on a drug screen reported to the Commission under 12 NCAC 09G .0205, where the positive result cannot be explained to the Commission's satisfaction. For the purposes of this Rule, "to the Commission's satisfaction" shall be determined on a case-by-case basis, and the use of a prescribed drug shall be satisfactory;

(6) the applicant has knowingly made a material misrepresentation of any information required for certification or accreditation;

(7) the applicant has knowingly and willfully obtained, attempted to obtain, aided another person to obtain, or aided another person attempt to obtain credit, training or certification by any means of false pretense, deception, defraudation, misrepresentation or cheating;

(8) failure to make either of the notifications as required by 12 NCAC 09G .0208 or .0209;

(9) removal from office under the provisions of G.S. 128-16 or the provisions of G.S. 14-230; or

(10) certification revoked or denied by the North Carolina Sheriffs' Education and Training Standards Commission, if such certification was revoked or denied based on grounds that would constitute a violation of Section 09G of these Rules.

(c) When the Commission suspends or denies the certification of a corrections officer, the period of sanction shall be for an indefinite period, but continuing so long as the stated deficiency, infraction, or impairment continues to exist, where the cause of sanction is:

(1) failure to meet or satisfy relevant basic training requirements;

(2) failure to meet or maintain the minimum standards for certification; or

(3) discharge from the North Carolina Department of Adult Correction for impairment of physical or mental capabilities.

History

  • Authority G.S. 17C-6; 17C-10
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. December 1, 2018; December 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. May 1, 2023; January 1, 2022.
12 NCAC 09G .0506 Summary Suspensions {#sec-12-ncac-09g-.0506 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0506}

(a) The Commission, by and through the Probable Cause Committee, may summarily suspend the certification of a corrections officer or instructor before the commencement of proceedings for suspension or revocation of the certification when, in the opinion of the Probable Cause Committee, the public health, safety, or welfare requires this emergency action of summary suspension. The Commission has determined that the following condition specifically affects the public health, safety, or welfare and therefore it, by and through the Probable Cause Committee, may utilize summary suspension: when the corrections officer has committed or been convicted of a violation of the criminal code that would require a permanent revocation or denial of certification.

(b) For the purpose of considering a summary suspension of certification, the Probable Cause Committee may meet upon notice given by mail, telephone, or other means not less than 48 hours in advance of the meeting.

(c) A summary suspension shall be effective on the date specified in the order of summary suspension or on service of the certified copy of the order at the last known address of the person, whichever is later. The summary suspension shall remain effective during the proceedings.

(d) Upon verbal notification by the Director that the certification of an officer or instructor is being summarily suspended by written order, the North Carolina Department of Correction shall take such steps as are necessary to ensure that the officer or instructor does not perform duties requiring certification by the Commission.

(e) The Commission, by and through the Director, upon determining that a Commission-certified instructor has conducted Commission-approved training course in a way that was not in accordance with the requirements of this Chapter or has conducted a Commission-approved training course while being in violation of the instructor's minimum standards as outlined in 12 NCAC 09G .0307 shall do the following until such time as the training course or his or her instructor certification has been brought into compliance:

(1) summarily suspend the individual's Instructor's certification, prohibiting him or her from delivering Commission approved training until the noncompliance is remedied; and

(2) the Director shall send a report of all summary suspensions for formal hearing before the Probable Cause Committee at the next scheduled Commission meeting.

(f) The Commission, by and through the Director, upon determining a Commission-certified instructor has been alleged to have violated a certification rule as outlined in this Chapter shall do the following:

(1) summarily suspend the individual's Instructor's certification, prohibiting him or her from delivering Commission approved training until the matter is resolved; and

(2) the Director shall send a report of all summary suspensions for formal hearing before the Probable Cause Committee at the next scheduled Commission meeting.

(g) The Commission, by and through the Director, upon a Finding of Probable Cause by the Probable Cause Committee that an instructor has violated a certification rule outlined in this Chapter shall summarily suspend the individual's instructor certification. A summary suspension shall be effective on the date specified in the order of summary suspension or upon service of the certified copy of the order at the last known address of the person, whichever is later. The summary suspension shall remain effective during the proceedings.

History

  • Authority G.S. 17C-6; 17C-10; 150B-3
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. August 1, 2021.
12 NCAC 09G .0601 State Corrections Professional Certificate Program {#sec-12-ncac-09g-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0601}

(a) Applicants who meet the qualifications set forth in this Rule shall be eligible to receive a State Corrections Officer's Professional Certificate. Based on the applicant's qualifications, this Professional Certificate is defined as either an Intermediate or Advanced Certificate. Advanced Certificates shall be approved by Commission vote at regularly scheduled meetings prior to being awarded.

(b) To be eligible for either Intermediate or Advanced Certificates, applicants shall meet the following qualifications:

(1) The applicant shall be a full-time employee of the North Carolina Department of Adult Correction (DAC), and shall hold general correctional officer certification, pursuant to 12 NCAC 09G .0208, or probation/parole officer certification, pursuant to 12 NCAC 09G .0209; or

(2) The applicant shall have previously held one of the certifications listed in Subparagraph (b)(1) of this Rule and, by virtue of direct promotion or transfer from a certified position, currently serve in a permanent, full-time position not subject to certification.

(3) The applicant shall be in good standing with DAC at the date of application.

(c) An officer subject to suspension or revocation proceedings, probation subsequent to suspension or revocation proceedings, or under investigation for possible decertification action by the Commission pursuant to 12 NCAC 09A .0206, the Company and Campus Police Program pursuant to either 12 NCAC 02I .0214 or 12 NCAC 09J .0211, or the North Carolina Sheriffs' Education and Training Standards Commission pursuant to 12 NCAC 10B .0206, shall not be eligible for professional certificates for the pendency of the proceeding or the period of probation.

(d) Eligibility for Intermediate or Advanced Certificates shall be based upon a formula which combines formal education, correctional training, and service as a corrections pursuant to Subparagraph (d)(4) of the Rule. Eligibility shall be computed in the following manner:

(1) The applicant's highest educational degree will be given a point value. Graduate degrees will be worth 15 points, Bachelor's degrees will be worth 12 points, and Associate's degrees will be worth 7 points;

(2) Each semester hour of college or university credit earned in pursuit of an educational degree not yet completed by the applicant shall equal one-tenth of a point, and each quarter hour of college or university credit earned shall equal one-fifteenth of a point. The total points earned in this manner shall not equal or exceed the number of points that would be given for the degree upon completion;

(3) Twenty classroom or practical skills assessment hours of Commission-approved criminal justice training shall equal one point. No points will be awarded for the maintenance of specialized criminal justice training;

(4) Each full year of service as a full-time employee of the North Carolina Department of Adult Correction, or equivalent service as determined by the Commission, shall fulfill a requisite year of creditable service. For the purposes of this Rule, "equivalent service" includes service in a permanent, full-time, paid position in a federal or out-of-state correctional or criminal justice institution.

(e) Applicants for the Intermediate State Corrections Officer Certificate shall have acquired a minimum of four years of full-time criminal justice service and a minimum of 30 total education and training points.

(f) Applicants for the Advanced State Corrections Officer Certificate shall have acquired a minimum of nine years of full-time criminal justice service and a minimum of 80 total education and training points.

(g) All applicants for either Intermediate or Advanced Certificates shall submit a completed Application for Award of Professional Certificate Form F-6 (DAC), pursuant to 12 NCAC 09I .0107, to the DAC training coordinator or agency head.

(h) Documentary evidence of college or university graduation shall be submitted with the application pursuant to 12 NCAC 09B .0106.

(i) Documentation of training submitted to the Division shall include training records, signed by the employing agency in-service training coordinator or agency head, that indicate the number of training contact hours.

(j) Replacement certificates may be requested by submitting a completed Request for Replacement of Professional Certificate Form F-7. An applicant shall have been previously awarded either an Intermediate or Advanced Certificate to be able to receive a replacement.

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. February 1, 2026.
12 NCAC 09G .0602 General Provisions {#sec-12-ncac-09g-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0602}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Amended Eff. January 1, 2015; June 1, 2012; August 1, 2004
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09G .0603 Basic State Corrections Certificate {#sec-12-ncac-09g-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0603}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Repealed Eff. October 1, 2018.
12 NCAC 09G .0604 intermediate state corrections certificate {#sec-12-ncac-09g-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0604}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff: February 1, 2026.
12 NCAC 09G .0605 Advanced State Corrections Certificate {#sec-12-ncac-09g-.0605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0605}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff. February 1, 2026.
12 NCAC 09G .0606 Method of Application {#sec-12-ncac-09g-.0606 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0606}

History

  • Status: repealed
  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Repealed Eff: February 1, 2026.
12 NCAC 09G .0701 Report: Application: and Certification Forms {#sec-12-ncac-09g-.0701 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09G .0701}

(a) The following are Commission approved forms to be used by the North Carolina Department of Public Safety, Division of Adult Correction and Juvenile Justice in making reports, applications, or requests for certification to the Commission:

(1) The Medical History Statement. The Medical History Statement is a questionnaire to be completed by an applicant. The form includes information pertinent to the applicant's present and past physical condition, injuries, diseases, or operations.

(2) The Medical Examination Report. The Medical Examination Report is a form provided to the examining physician to record the results of the applicant's medical examination. The Medical Examination Report is form that includes the following information regarding the applicant:

(A) contact information;

(B) date of birth; and

(C) medical information.

(3) The Request for School Accreditation Form. The Request for School Accreditation Form provides the means for an agency or institution to become certified to conduct corrections training and to affiliate with the Criminal Justice Education and Training System. It seeks information on the physical, financial, and staff support provided to the school by the agency or institution.

(4) The Request for Training Course Accreditation Form. The Request for Training Course Accreditation Form is used to obtain accreditation for a school's particular offering of a corrections training course. It requests information regarding the administration of the course, the particular facilities to be used, and the proposed curriculum of the course.

(5) The Report of Appointment/Application for Certification. The Report of Appointment/Application for Certification is used for reporting the appointment of correctional officers and probation/parole officers, and indicating the applicant's progress toward completing the requirements for certification. The Report of Appointment/Application for Certification form includes the following information:

(A) type of certification;

(B) applicant contact information;

(C) criminal history;

(D) military history;

(E) applicant appointment date and position title; and

(F) medical information.

(6) Notice of Transfer. The Notice of Transfer form is used to notify the Standards Division of an officer's change in the type of corrections officer certification. The Notice of Transfer form includes the following information:

(A) applicant information;

(B) transfer information;

(C) employment date and title; and

(D) education completed.

(7) Report of Separation. The North Carolina Department of Public Safety, Division of Adult Correction and Juvenile Justice, when separating a person from employment as a correctional officer or probation/parole officer shall forward to the Commission a completed Report of Separation or Department of Public Safety Personnel Action Form within 30 days of separation. The Report of Separation form includes the following information:

(A) type of certification;

(B) applicant contact information;

(C) criminal history; and

(D) applicant appointment date and position title.

(8) The Request for Instructional Certification Form. The Request for Instructional Certification Form is used by persons seeking certification as general instructors. It seeks information regarding personal and professional background as well as documentation of the specific criteria for certification. The Request for Instructional Certification form includes:

(A) applicant contact information;

(B) certification type;

(C) employment date and title;

(D) education completed;

(E) practical experience; and

(F) recommendation

(9) The Recommendation for General Instructor Certification Form. The Recommendation for General Instructor Certification Form is completed by a School Director or agency head after an instructor has finished the required probationary period. In the form the official recommends that the instructor receive General Instructor Certification and certifies that the official has observed and evaluated the instructor to be a teaching professional. The Recommendation for General Instructional Certification form includes:

(A) applicant contact information;

(B) certification type;

(C) employment date and title;

(D) education completed;

(E) practical experience; and

(F) recommendation

(10) The Application for Award of State Corrections Certificate. The Application For Award of State Corrections Certificate requests information regarding the education, training, and experience qualifying the applicant for various levels of certification under the State Corrections Officers' Professional Certificate Program. The Application for Award of State Corrections Certificate form includes:

(A) applicant contact information;

(B) certificate type;

(C) employment date and title;

(D) education completed;

(E) practical experience; and

(F) recommendation

(b) All forms contained in this Rule may be accessed on the agency's website at http://ncdoj.gov/About-DOJ/Law-Enforcement-Training-and-Standards/Criminal-Justice-Education-and-Training-Standards/Forms-and-Publications.aspx

History

  • Authority G.S. 17C-6
  • Temporary Adoption Eff. January 1, 2001
  • Eff. August 1, 2002.
  • Amended Eff. December 1, 2018
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.

Subchapter H

12 NCAC 09H .0101 Purpose {#sec-12-ncac-09h-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09H .0101}

The Commission hereby establishes rules to allow for the firearms qualification certification of qualified retired law enforcement officers, as defined in G.S. 14-415.10, who are authorized by federal law, Section 926C of Title 18 of the United States Code, to lawfully carry handguns concealed. The rules in this Section establish the method by which a qualified retired officer shall be tested to determine whether the officer meets the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm. The rules in this Section do not apply to qualified retired law enforcement officers who complete the required training and firearms qualification with the agency from which they retired.

History

  • Authority G.S. 17C-6; 14-415.10; 14-415.25; 14-415.26
  • Eff. April 1, 2009
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
12 NCAC 09H .0102 Minimum Training Specifications {#sec-12-ncac-09h-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09H .0102}

(a) Firearms Training and Qualification shall consist of a minimum of four hours and include the requirements of Paragraphs (c) and (d) of this Rule.

(b) Pursuant to 12 NCAC 09E .0106(a), each qualified retired law enforcement officer shall qualify with each handgun he or she carries.

(c) Each qualified retired law enforcement officer shall receive a minimum of two hours of instruction on the North Carolina laws of self-defense, the use of force by private citizens, detention of persons by private persons, and assistance to law enforcement officers by private citizens.

(d) Instruction shall include a review of firearms safety and basic marksmanship fundamentals.

(e) The qualification requirements shall be achieved at least once in a single day in no more than three attempts per day for each course of fire and for each weapon for which qualification is required. Officers not qualifying in a single day for each course of fire shall be deemed as a failure and the retired qualified law enforcement officers shall not be allowed to carry that weapon until such time as the qualification requirements have been met.

(f) Qualified retired law enforcement officers shall be certified for a period of 12 months from the date the application is approved by the Commission. Upon application for renewal, the certification shall be renewed by the Commission for 12-month periods provided the qualified retired law enforcement officer meets the rules specified in this Subchapter.

History

  • Authority G.S. 14-415.10; 14-415.25; 14.415.26; 17C-6
  • Eff. May 1, 2009
  • Amended Eff. April 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2025; July 1, 2020.
12 NCAC 09H .0103 Instructors {#sec-12-ncac-09h-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09H .0103}

(a) Only instructors who hold Specialized Instructor Certification in Law Enforcement Firearms issued by the Criminal Justice Education and Training Standards Commission as outlined in 12 NCAC 09B .0304(a) shall conduct the firearms qualification training as specified in Rule .0102 of this Subchapter.

(b) Each instructor specified in Paragraph (a) of this Rule shall record and retain the firearms qualification scores for each qualified retired law enforcement officer trained by the instructor for a period of five years. The scores shall not be transmitted to the Criminal Justice Standards Division unless requested but must be available for inspection by Criminal Justice Standards Division representatives. If the instructor is conducting training on behalf of a North Carolina governmental law enforcement agency, the North Carolina Justice Academy, or a North Carolina community college, the institution shall maintain the records in lieu of the instructor in order to comply with this Rule.

(c) Upon successful qualification, the instructor shall sign and date the Retired Law Enforcement Officers Firearms Qualification Certification Application Form (F-9R) attesting to the successful qualification. The Retired Law Enforcement Officer Firearms Qualification Application (F-9R) shall contain the following:

(1) type of application;

(2) applicant's name, address, phone number, email address, and date of birth;

(3) Applicant Attestation regarding qualification for certification;

(4) date and location of the applicant's successful completion of the firearms qualification;

(5) instructor's name and Acadis number;

(6) the make, model, and serial number of the weapon and the day and night score achieved for each weapon qualified with; and

(7) signature of the applicant.

History

  • Authority G.S. 17C-6; 14-415.10; 14-415.25; 14-415.26
  • Eff. April 1, 2009
  • Amended Eff. December 1, 2009
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2025.
12 NCAC 09H .0104 Sanctions {#sec-12-ncac-09h-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09H .0104}

(a) The Commission shall deny or revoke an applicant's, or the qualified retired law enforcement officer's, firearms qualification certification when the Commission finds the applicant or retired officer has willfully and intentionally falsified any application or documentation required for qualification certification. Any applicant or qualified retired law enforcement officer denied or revoked may request an administrative hearing with the Commission subsequent to the summary denial or revocation in accordance with Chapter 150B, Article 3A, of the N.C.G.S.

(b) The Commission shall deny or suspend the applicant or retired law enforcement officer's firearms qualification certification when the Commission finds the applicant or retired officer:

(1) has failed to successfully complete the required training or qualification specified in Rule 09H .0102; or

(2) is ineligible to receive and possess firearms under federal or state law.

(c) Before taking action, the Standards Division shall investigate the alleged violation of Paragraph (b) of this Rule and present a report of its findings to the Probable Cause Committee of the Commission.

(d) The Probable Cause Committee shall:

(1) direct the Standards Division to conduct a further investigation of the alleged violation; or

(2) determine the appropriate sanctions against the violator pursuant to Paragraphs (f) and (g) of this Rule.

(e) Denials or revocations in accordance with Paragraph (a) of this Rule are permanent. The retired officer is ineligible to ever receive firearms qualification certification from the Commission.

(f) Denials or suspensions in accordance with Paragraph (b) of this Rule are in effect until the applicant or retired law enforcement officer:

(1) has successfully completed the required training or qualification specified in Rule .0102 of this Subchapter; or

(2) is eligible to receive or possess firearms under federal or state law.

(g) Any applicant or qualified retired law enforcement officer who receives firearms qualification certification under the rules in this Section, who becomes ineligible under any of the standards enumerated in this Rule, shall notify the Criminal Justice Standards Division of such disqualification within 5 calendar days of the occurrence of the event.

History

  • Authority G.S. 17C-6; 14-415.10; 14-415.25; 14-415.26
  • Eff. April 1, 2009
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.
  • Amended Eff. October 1, 2025.
12 NCAC 09H .0105 Filing and Fees {#sec-12-ncac-09h-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09H .0105}

Each applicant for firearms qualification certification under the Qualified Retired Law Enforcement Officers Firearms Qualification Certification Program shall submit the following to the Commission:

(1) a Commission application form (Form F-9R) pursuant to 12 NCAC 09H .0102.

(2) a copy of the qualified retired officer's photographic identification indicating retirement status issued by the law enforcement agency from which the applicant retired; and

(3) a fee of fifty dollars ($50.00) for the initial one-year qualification and a fee of twenty-five dollars ($25.00) for the annual renewal thereafter. Applications and fees shall be submitted via the Acadis portal utilizing the RLEO Initial and RLEO Renewal Webforms. The Acadis portal is located at https://ncja-portal.acadisonline.com/acadisviewer/login.aspx.

History

  • Authority G.S. 14-415.10; 14-415.25; 14-415.26; 17C-6
  • Eff. April 1, 2009
  • Amended Eff. April 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019
  • Amended Eff. October 1, 2025.

Subchapter I

12 NCAC 09I .0101 Instructor and Professional Lecturer Certification Forms {#sec-12-ncac-09i-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09I .0101}

The following Commission-approved forms shall be used by individuals applying for initial or renewal of certification as an instructor or professional lecturer, pursuant to 12 NCAC 09B .0300:

(1) Form F-12, Application for Instructor or Professional Lecturer Certification, shall contain the following information:

(a) name of applicant;

(b) address, phone number, email address, date of birth, age, last four of Social Security Number, and academy ID number;

(c) current agency or firm, status (Retired, Civilian, Sworn), agency address, and business phone number;

(d) type of instructor certification applying for;

(e) supporting documents for specific certification sought;

(f) highest education level, school attended, school location, and graduation date;

(g) criminal justice experience;

(h) signature of applicant;

(i) Commission-accredited school taught at, course title, hours taught, course dates, and whether the course was a requirement of Mandatory In-Service Training; and

(j) signature of certifying School Director or In-Service Training Coordinator, school or agency name, phone number, and email address.

(2) Form F-16, Criminal Justice Instructor Evaluation, shall contain the following information:

(a) instructor's name, date of birth, and academy ID number;

(b) evaluator's name and academy ID number;

(c) block of instruction, date, location, and total hours of instruction;

(d) scores for Instructional Ability and Strategies; and

(e) Presentation Evaluation Criteria.

History

  • Authority G.S. 17C-6
  • Eff. February 1, 2026.
12 NCAC 09I .0102 Course Management Forms {#sec-12-ncac-09i-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09I .0102}

The following Commission-approved forms shall be used by certified School Directors during the administration of Commission-approved courses:

(1) Form F-10A, Pre-Delivery Report of Training Course Presentation, shall include the following:

(a) Name of delivery site (academy);

(b) Proposed Commission course being requested to administer;

(c) Number of course hours;

(d) Location of course delivery;

(e) Commencement and completion dates;

(f) Anticipated class size;

(g) Names of all delivery site (academy) staff requiring administrative access to the course page on the North Carolina Justice Training and Certification Portal; and

(h) Name and signature of certified School Director.

(2) Form F-10B and Web Form F-10B, Post Delivery Report of Training Course Presentation, shall include the following:

(a) Name of delivery site (academy);

(b) Commission course administered;

(c) Number of course hours;

(d) Location of course delivery;

(e) Commencement and completion dates;

(f) Final class size; and

(g) Name and signature of certified School Director.

(3) Form F-23, Commission Exam Admission Form, shall include the following:

(a) Course pre-delivery number, exam location, and exam date;

(b) First-Time Exam Admission information;

(c) Re-Examination Admission information;

(d) Name and signature of certified School Director; and

(e) List of all trainees.

(4) Web Form WF-6, CJ Standards Specialized Training Departure Report, shall include the following:

(a) Course name, course dates, and training location;

(b) Departing student's name, date of birth, and academy ID number; and

(c) Date, reason for, and explanation of departure.

History

  • Authority G.S. 17C-6
  • Eff. February 1, 2026.
12 NCAC 09I .0103 Basic Law Enforcement Training (blet) Course Forms {#sec-12-ncac-09i-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09I .0103}

The following Commission-approved forms shall be used by certified School Directors and instructors during the administration of a Commission-approved Basic Law Enforcement Training (BLET) course:

(1) Form F-13, Request for Deficiency Remediation, shall include the following:

(a) Name of certified School Director and delivery site (academy);

(b) Date of request and state exam date;

(c) Student's name and academy ID number;

(d) Block of instruction and dates of deficiency;

(e) Instructor's name and academy ID number;

(f) Remediation location and dates of remediation;

(g) Details of remediation plan; and

(h) Signature of certified School Director.

(2) Form F-14, Request for Limited Enrollment, shall include the following:

(a) Name of certified School Director and delivery site (academy);

(b) Date of request and original BLET start date;

(c) Student's name and academy ID number;

(d) Blocks of instruction for make-up training; and

(e) Delivery site (academy) where make-up training will be conducted.

(3) Form F-17, Student Evaluation of Instructors, shall include the following:

(a) Name of delivery site (academy);

(b) Instructor's name;

(c) Block of instruction and date;

(d) Evaluation of delivery of course material by instructor; and

(e) Evaluation of organization and presentation of delivery of instruction;

(4) Form F-25, Criminal Record Conviction History for BLET, shall include the following:

(a) Agency name and address;

(b) Applicant's full name and former names;

(c) Applicant's address; and

(d) Name and signature of Agency head.

(5) Form F-26, BLET Student Absence Report, shall include the following:

(a) School or academy name and class name;

(b) Student's name and academy ID number;

(c) Course topic and date;

(d) Hours missed and made up;

(e) Reason for missed time;

(f) Student's and certified School Director's signature and date; and

(g) Name of instructor conducting the make-up training.

(6) Form F-32, BLET Request for Early Enrollment, shall include the following:

(a) Name and signature of certified School Director and delivery site (academy);

(b) Student's name and date of birth; and

(c) BLET start date and date of state exam.

(7) Web Form WF-1, BLET Student Injury Report, shall include the following:

(a) Student's name, date of birth, and academy ID number;

(b) Date and details of injury;

(c) Student's status (returned to training on same day or required hospital care); and

(d) Email address of School Director.

(8) Web Form WF-2, BLET Departure Report, shall include the following:

(a) Student's name and academy ID number;

(b) Date, reason, and details of departure; and

(c) Email address of School Director.

(9) Web Form WF-3, BLET Student Enrollment Questionnaire, shall include the following:

(a) Student's demographic information, including gender and employment status;

(b) Student's education information, including highest education level, name of institution, and degree earned;

(c) Student's military service history, including dates and branch of service and current status; and

(d) Student's primary language.

(10) Web Form WF-4, BLET Student Course Completion Record, shall include the following:

(a) Student's name and academy ID number;

(b) Student's gender;

(c) Student's employment status on last day of class;

(d) Student's hiring status with a law enforcement agency; and

(e) Course completion information, including whether the student completed all course requirements and passed the state exam.

(11) Web Form WF-13B, BLET Deficiency, Report of Completed Training, shall include the following:

(a) Student's name and academy ID number;

(b) Deficiency information, including the number and names of instructional topics which the student is deficient in;

(c) Deficiency make-up information, including whether the student completed all required coursework for the instructional topic in which he or she is remediating and whether the remediation occurred outside of the scheduled course hours;

(d) Date the deficiency remediation was completed; and

(e) School Director's name, signature, and email address.

History

  • Authority G.S. 17C-6
  • Eff. February 1, 2026.
12 NCAC 09I .0104 Commission-Accredited Delivery Site Administration Forms {#sec-12-ncac-09i-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09I .0104}

The following Commission-approved forms shall be used by Commission-accredited delivery sites to administer Commission-approved courses:

(1) Form F-10, School Director/Qualified Assistant Application, shall include the following:

(a) the name of the appointing institution or agency;

(b) the applicant's name, date of birth, last four digits of social security number, phone number, email address, instructor certification number, and the location and date the applicant completed orientation training;

(c) the applicant's educational background, specifically, the dates of attendance, the institution attended, and the degree or diploma attained from each institution;

(d) the applicant's criminal justice experience, specifically, the agency for which the applicant worked, the applicant's duties in each position, and the dates of employment. The applicant shall have acquired four years of practical experience as a criminal justice officer or as an administrator or specialist in a field directly related to the criminal justice system. At least one year of the required four years of experience must have been completed while actively participating in criminal justice training as a Commission-certified instructor;

(e) the signature of the applicant certifying the accuracy of the contents of the application; and

(f) the signature of the appointing institution's executive officer signifying recommendation of an applicant to be a School Director; or

(g) the signature of the School Director signifying recommendation of an applicant to be a Qualified Assistant.

(2) Form F-10 (SA), Accreditation of Criminal Justice Schools, shall include the following:

(a) the name of the requesting institution or agency;

(b) the mailing address, phone number, and name of the institution head or executive officer;

(c) the name, title or rank, address, and phone number of the School Director;

(d) the type of Commission-approved training course in which accreditation is being sought;

(e) the type and location of all facilities to be used in administering the Commission-approved training course; and

(f) the signature of the institution head or executive officer.

History

  • Authority G.S. 17C-6
  • Eff. February 1, 2026.
12 NCAC 09I .0105 Medical Forms {#sec-12-ncac-09i-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09I .0105}

The following Commission-approved forms shall be used by agencies and Commission-accredited delivery sites during the application for criminal justice certification or Commission-approved training course enrollment:

(1) Form F-1, Medical History Statement, shall include the following:

(a) Applicant's name, date of birth, address, and telephone number;

(b) Current medications, allergies, and past medical history;

(c) Occupational history;

(d) Applicant's signature; and

(e) Name and signature of a physician, physician assistant, or nurse practitioner who holds a current license in the United States to practice medicine, as issued by a state medical board.

(2) Form F-2, Medical Examination Report, shall include the following:

(a) Name, date of birth, employing agency, height, weight, and last four digits of the Social Security Number for the person being examined;

(b) Results of Vision Acuity;

(c) Results of Hearing Acuity;

(d) Results of Cardiovascular Examination;

(e) Certification that the individual being examined does or does not have any conditions, physical, emotional, or mental, that suggest further medical examination; and

(f) Name, signature, and medical license number of the examining medical professional.

(3) Form F-2A, Tuberculosis Questionnaire, shall include the following:

(a) Applicant's name, date of birth, and employing agency;

(b) Tuberculosis Risk Questions and individual's response; and

(c) Tuberculosis Symptoms Questions and individual's response.

(4) Form F-2B, Medical Examination Report Addendum, shall include the following;

(a) Name, date of birth, and employing agency of individual being examined;

(b) Additional Exam Notes, if any;

(c) Certification that the individual being examined does or does not have any conditions, physical, emotional, or mental, that suggest further medical examination; and

(d) Name, signature, and medical license number of examining medical professional.

(5) Form F-31, Request for Accommodation, shall include the following:

(a) Name, signature, and date of birth of requesting student;

(b) Accredited delivery site, and name of certified School Director;

(c) Reason for Accommodation; and

(d) Proposed Accommodation.

(6) Web Form WF-5, CJ Standards Specialized Training Student Injury Report for SMI, Instructor Courses, shall include the following:

(a) Course name, course dates, and training location;

(b) Injured student's name, date of birth, and academy ID number;

(c) Date of the injury;

(d) Details of the injury, including what the injury is, when and where it took place, and how the injury occurred;

(e) Whether the student was able to return to training on the same day as the injury occurred; and

(f) Whether the student was transported to a hospital or other medical facility for assessment or treatment of the injury.

History

  • Authority G.S 17C-6
  • Eff. February 1, 2026.
12 NCAC 09I .0106 Speed-Measuring Instrument (smi) Forms {#sec-12-ncac-09i-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09I .0106}

(a) The following Commission-approved forms shall be used by certified SMI instructors during the administration of SMI courses:

(1) Form SMI-1, Moving/Stationary Radar Motor Skill Performance Test, shall include the following:

(A) Trainee's full name, employing law enforcement agency, date of birth, academy ID number, email address, and phone number;

(B) Radar instrument being tested on and name of the instrument's manufacturer;

(C) Modes being tested on;

(D) Verification by the evaluating instructor that the trainee completed each step of the instrument sign-off, evidenced by the instructor's initials;

(E) Timing and results of the trainee's motor skills testing; and

(F) Name, academy ID number, and signature of each evaluating instructor verifying whether the trainee successfully completed the motor skill performance test.

(2) Form SMI-1A, Moving/Stationary Radar Instrument Sign-Off, shall include the following:

(A) Trainee's full name, employing law enforcement agency, date of birth, academy ID number, email address, and phone number;

(B) Radar instrument being tested on and the name of the instrument's manufacturer;

(C) Modes being tested on;

(D) Verification by the evaluating instructor that the trainee completed each step of the instrument sign-off, evidenced by the instructor's initials; and

(E) Name, academy ID number, and signature of each evaluating instructor verifying whether the trainee successfully completed the motor skill performance test.

(3) Form SMI-13, Lidar Motor Skill Performance Test, shall include the following:

(A) Trainee's full name, employing law enforcement agency, date of birth, academy ID number, email address, and phone number;

(B) Lidar instrument being tested on and name of the instrument's manufacturer;

(C) Verification by the evaluating instructor that the trainee completed each step of the instrument sign-off, evidenced by the instructor's initials; and

(D) Name, academy ID number, and signature of each evaluating instructor verifying whether the trainee successfully completed the motor skill performance test.

(4) Form SMI-16, Written Endorsement to Attend Supplemental SMI Training, shall include the following:

(A) Name, academy ID number, date of birth, email address, and employing law enforcement agency of each trainee enrolled in the course;

(B) List of speed measuring instruments each trainee is currently certified to operate;

(C) Dates and location of training;

(D) Name, academy ID number, and signature of each instructor of the course; and

(E) Name, employing agency, title, email address, phone number, and signature of School Director, agency head, agency head designee, or in-service training coordinator.

(b) The following Commission-approved forms shall be used by individuals applying for certification as a Radar operator:

(1) Form SMI-14, Trainee's Statement of Prior Radar Training, shall be filled out by a trainee enrolled in a radar or radar/lidar operator training course, as prescribed by 12 NCAC 09B .0212(a) and .0242(a), who has previously been certified by the Commission as a radar operator. The trainee shall sign and date the form prior to submission. The form shall also include the following:

(A) Trainee's full name, academy ID number, date of birth, and employing law enforcement agency;

(B) Name of the institution or agency at which the trainee received prior training;

(C) Location where the prior radar training took place; and

(D) End date and total hours of prior radar training.

(2) Form SMI-15, SMI Operator Supervised Field Instruction/Practice Log, shall be completed by a trainee completing Supervised Field Practice within the 90 days following the completion of a SMI operator course, pursuant to 12 NCAC 09B .0409(a)(4) and (c). The form shall include the following:

(A) Trainee's full name, employing law enforcement agency, academy ID number, email address, and phone number;

(B) Dates and times of supervised field practice;

(C) Name, academy ID number, and signature of each evaluator providing supervision;

(D) Location and end date of the trainee's SMI operator course;

(E) Name and modes of instrument used during the supervised field practice;

(F) Total time of supervised field practice; and

(G) Trainee's signature and date of form completion.

(c) The following Commission-approved forms shall be used during annual accuracy tests of speed measuring instruments:

(1) Form SMI-9, Record of Radar Instrument Calibration and Accuracy Tests, shall include the following:

(A) Agency or organization name;

(B) Instrument model, manufacturer, serial number, modes, and features;

(C) Accuracy test results for the counter box, antennas, and tuning forks; and

(D) Name, license or certification information, and signature of the testing technician verifying that the instrument passed the tests.

(2) Form SMI-12, Record of Lidar Instrument Calibration and Accuracy Tests, shall include the following:

(A) Agency or organization name;

(B) Instrument model, manufacturer, serial number, modes, and features;

(C) Accuracy test results as indicated by Pass or Fail; and

(D) Name, license or certification information, and signature of the testing technician verifying that the instrument passed the tests.

History

  • Authority G.S. 8-50.2; 17C-6
  • Eff. February 1, 2026.
12 NCAC 09I .0107 Professional Certificates Forms {#sec-12-ncac-09i-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 09I .0107}

The following Commission-approved forms shall be used by individuals to apply for a new or replacement Professional Certificate:

(1) Form F-6 (LE), Application for Award of Law Enforcement Certificate, shall include the following:

(a) Applicant's name, date of birth, and last four digits of Social Security Number;

(b) Applicant's address, phone number, and email address;

(c) Applicant's employing agency and agency address;

(d) Type of award applying for;

(e) Law enforcement experience (agencies and years of law enforcement experience);

(f) Completed law enforcement training courses;

(g) Level of college education;

(h) Name and signature of applicant; and

(i) Name and signature of agency head or In-Service Training Coordinator.

(2) Form F-6 (DAC), Application for Award of Criminal Justice Certificate, shall include the following:

(a) Applicant's name, date of birth, and last four digits of Social Security Number;

(b) Applicant's address, phone number, and email address;

(c) Applicant's employing agency and agency address;

(d) Type of award applying for;

(e) Criminal justice experience (agencies and years of criminal justice experience);

(f) Completed criminal justice training courses;

(g) Level of college education;

(h) Name and signature of applicant; and

(i) Name and signature of agency head or In-Service Training Coordinator.

(3) Form F-6 (DJJ), Application for Award of Juvenile Justice Certificate, shall include the following:

(a) Applicant's name, date of birth, and last four digits of Social Security Number;

(b) Applicant's address, phone number, and email address;

(c) Applicant's employing agency and agency address;

(d) Type of award applying for;

(e) Juvenile justice experience (agencies and years of juvenile justice experience);

(f) Completed juvenile justice training courses;

(g) Level of college education;

(h) Name and signature of applicant; and

(i) Name and signature of agency head or In-Service Training Coordinator.

(4) Form F-7, Request for Replacement of Professional Certificate, shall include the following:

(a) Awardee's name, date of birth, and last four digits of Social Security Number;

(b) Awardee's address, phone number, and email address;

(c) Type of replacement certificate;

(d) Printed name and signature of awardee; and

(e) Name and signature of agency head or In-Service Training Coordinator, if still employed at an agency.

History

  • Authority G.S. 17C-6
  • Eff. February 1, 2026.

Chapter 10 Sheriffs' Education and Training Standards Commission

Subchapter A

12 NCAC 10A .0101 Location {#sec-12-ncac-10a-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0101}

History

  • Status: repealed
  • Authority G.S. 17E; 17E-4; 17E-4(a)(1); 17E-6; 150A-11; 150A-14
  • Eff. March 1, 1984
  • Amended Eff. October 1, 1988
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0102 Purpose {#sec-12-ncac-10a-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0102}

History

  • Status: repealed
  • Authority G.S. 17E; 17E-4; 17E-4(a)(1); 17E-6; 150A-11; 150A-14
  • Eff. March 1, 1984
  • Amended Eff. October 1, 1988
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0103 Definitions {#sec-12-ncac-10a-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0103}

History

  • Status: repealed
  • Authority G.S. 17E; 17E-4; 17E-4(a)(1); 17E-6; 150A-11; 150A-14
  • Eff. March 1, 1984
  • Amended Eff. October 1, 1988
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0104 Justice Officers' Standards Division {#sec-12-ncac-10a-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0104}

History

  • Status: repealed
  • Authority G.S. 17E; 17E-4; 17E-4(a)(1); 17E-6; 150A-11; 150A-14
  • Eff. March 1, 1984
  • Amended Eff. October 1, 1988
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0105 Rule-Making and Administrative Hearing Procedures {#sec-12-ncac-10a-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0105}

History

  • Status: repealed
  • Authority G.S. 17E; 17E-4; 17E-4(a)(1); 17E-6; 150A-11; 150A-14
  • Eff. March 1, 1984
  • Amended Eff. October 1, 1988
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0201 Minimum Standards for Deputy Sheriffs {#sec-12-ncac-10a-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0201}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0202 Documentation of Educational Requirement {#sec-12-ncac-10a-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0202}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0203 Occupational Aptitude (esc) Test Requirement {#sec-12-ncac-10a-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0203}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0204 Fingerprint Record Check {#sec-12-ncac-10a-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0204}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0205 Medical Examination {#sec-12-ncac-10a-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0205}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0206 Background Investigation {#sec-12-ncac-10a-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0206}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0207 Employment Interview {#sec-12-ncac-10a-.0207 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0207}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0208 Criminal History Record {#sec-12-ncac-10a-.0208 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0208}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0301 Purpose {#sec-12-ncac-10a-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0301}

History

  • Status: repealed
  • Authority G.S. 17E-4(a)
  • Eff. May 1, 1984
  • Amended Eff. October 1, 1988; November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0302 Justice Officer Training {#sec-12-ncac-10a-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0302}

History

  • Status: repealed
  • Authority G.S. 17E-4(a)
  • Eff. May 1, 1984
  • Amended Eff. October 1, 1988; November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0401 Certification of Sheriffs' Department Personnel {#sec-12-ncac-10a-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0401}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0402 Probationary Period {#sec-12-ncac-10a-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0402}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0403 Probationary Certification {#sec-12-ncac-10a-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0403}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0404 General Certification {#sec-12-ncac-10a-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0404}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0405 Report of Separation {#sec-12-ncac-10a-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0405}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0406 Lateral Transfer {#sec-12-ncac-10a-.0406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0406}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0407 Verification of Records to Standards Division {#sec-12-ncac-10a-.0407 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0407}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0408 Department Retention of Certification Records {#sec-12-ncac-10a-.0408 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0408}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0501 Administration of Programs {#sec-12-ncac-10a-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0501}

History

  • Status: repealed
  • Authority G.S. 17E-6
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0502 Development of Programs {#sec-12-ncac-10a-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0502}

History

  • Status: repealed
  • Authority G.S. 17E-6
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0503 Divulging Personnel Information {#sec-12-ncac-10a-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0503}

History

  • Status: repealed
  • Authority G.S. 17E-6
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0601 Purpose {#sec-12-ncac-10a-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0601}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0602 General Provisions {#sec-12-ncac-10a-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0602}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0603 Basic Law Enforcement Certificate {#sec-12-ncac-10a-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0603}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0604 Intermediate Law Enforcement Certificate {#sec-12-ncac-10a-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0604}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0605 Advanced Law Enforcement Certificate {#sec-12-ncac-10a-.0605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0605}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0606 How to Apply {#sec-12-ncac-10a-.0606 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0606}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0701 Purpose {#sec-12-ncac-10a-.0701 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0701}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0702 General Provisions {#sec-12-ncac-10a-.0702 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0702}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0703 Intermediate Service Award {#sec-12-ncac-10a-.0703 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0703}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0704 Advanced Service Award {#sec-12-ncac-10a-.0704 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0704}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0705 How to Apply {#sec-12-ncac-10a-.0705 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0705}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. May 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0801 Purpose {#sec-12-ncac-10a-.0801 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0801}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. August 1, 1984
  • Amended Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0802 Administration of Justice Officer Schools {#sec-12-ncac-10a-.0802 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0802}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. August 1, 1984
  • Amended Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0803 Administration of Jailer Certification Course {#sec-12-ncac-10a-.0803 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0803}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0804 Responsibilities/School Director/Jailer Cert. Course {#sec-12-ncac-10a-.0804 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0804}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0805 Certification: School Directors/Jailer Cert. Course {#sec-12-ncac-10a-.0805 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0805}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0806 Terms and Conditions of School Director Certification {#sec-12-ncac-10a-.0806 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0806}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0807 Suspension: Revocation: Denial: School Director Cert. {#sec-12-ncac-10a-.0807 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0807}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0901 Accreditation: Justice Officer Schools/Training Courses {#sec-12-ncac-10a-.0901 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0901}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. August 1, 1984
  • Amended Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0902 Accreditation: Delivery/Jailer Certification Course {#sec-12-ncac-10a-.0902 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0902}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .0903 Reports of Training Course Presentation and Completion {#sec-12-ncac-10a-.0903 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .0903}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1001 Time Requirement for Completion of Training {#sec-12-ncac-10a-.1001 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1001}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Amended Eff. May 1, 1985
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1002 Waiver of Completion of Training {#sec-12-ncac-10a-.1002 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1002}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1985
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1003 Evaluation for Training Waiver {#sec-12-ncac-10a-.1003 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1003}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1985
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1004 Trainee Attendance {#sec-12-ncac-10a-.1004 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1004}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1985
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1005 Completion of Basic Training--Law Enforcement Course {#sec-12-ncac-10a-.1005 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1005}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1985
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1006 Comprehensive Written Examination--Basic Recruit Training {#sec-12-ncac-10a-.1006 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1006}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1985
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1007 Satisfaction of Minimum Training Requirements {#sec-12-ncac-10a-.1007 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1007}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. May 1, 1985
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1101 Certification of Instructors {#sec-12-ncac-10a-.1101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1101}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. August 1, 1984
  • Amended Eff. October 1, 1988
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1102 Certification: Instructors for Jailer Training Courses {#sec-12-ncac-10a-.1102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1102}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1103 General Jail Instructor Certification {#sec-12-ncac-10a-.1103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1103}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1104 Terms: Conditions: General Jail Instructor Certification {#sec-12-ncac-10a-.1104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1104}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. July 1, 1987
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1201 Accreditation/Degree Progs Incorporating Basic Law Enforce {#sec-12-ncac-10a-.1201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1201}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. August 1, 1984.
  • Amended Eff. October 1, 1988
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1301 Minimum Standards for Jailers {#sec-12-ncac-10a-.1301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1301}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1302 Documentation of Educational Requirement {#sec-12-ncac-10a-.1302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1302}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1303 Occupational Aptitude (esc) Test Requirement {#sec-12-ncac-10a-.1303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1303}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1304 Fingerprint Record Check {#sec-12-ncac-10a-.1304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1304}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1305 Medical Examination {#sec-12-ncac-10a-.1305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1305}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1306 Background Investigation {#sec-12-ncac-10a-.1306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1306}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1307 Employment Interview {#sec-12-ncac-10a-.1307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1307}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1308 Criminal History Record {#sec-12-ncac-10a-.1308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1308}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Amended Eff. November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1401 Certification of Sheriffs' Department Jailers {#sec-12-ncac-10a-.1401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1401}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1402 Probationary Period {#sec-12-ncac-10a-.1402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1402}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1403 Probationary Certification {#sec-12-ncac-10a-.1403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1403}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1404 General Certification {#sec-12-ncac-10a-.1404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1404}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1405 Report of Separation {#sec-12-ncac-10a-.1405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1405}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1406 Lateral Transfer {#sec-12-ncac-10a-.1406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1406}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1407 Verification of Records to Standards Division {#sec-12-ncac-10a-.1407 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1407}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1408 Department Retention of Certification Records {#sec-12-ncac-10a-.1408 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1408}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. August 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1501 Justice Officer Jailer Training {#sec-12-ncac-10a-.1501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1501}

History

  • Status: repealed
  • Authority G.S. 17E-4(a)
  • Eff. October 1, 1984
  • Amended Eff. November 1, 1985; November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1601 Time Requirement for Completion of Jailer Training {#sec-12-ncac-10a-.1601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1601}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. October 1, 1984
  • Amended Eff. November 1, 1985; November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1602 Evaluation for Training Waiver {#sec-12-ncac-10a-.1602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1602}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. October 1, 1984
  • Amended Eff. November 1, 1985; November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1603 Trainee Attendance {#sec-12-ncac-10a-.1603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1603}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. October 1, 1984
  • Amended Eff. November 1, 1985; November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1604 Completion of Jailer Training {#sec-12-ncac-10a-.1604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1604}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. October 1, 1984
  • Amended Eff. November 1, 1985; November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1605 Comprehensive Written Examination - Jailer Training {#sec-12-ncac-10a-.1605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1605}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. October 1, 1984
  • Amended Eff. November 1, 1985; November 1, 1984
  • Repealed Eff. January 1, 1989.
12 NCAC 10A .1606 Satisfaction of Minimum Training Requirements {#sec-12-ncac-10a-.1606 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10A .1606}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. November 1, 1985
  • Repealed Eff. January 1, 1989.

Subchapter B

12 NCAC 10B .0101 Location {#sec-12-ncac-10b-.0101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0101}

The staff supporting the N.C. Sheriffs' Education and Training Standards Commission is established within the Department of Justice and is located at 1700 Tryon Park Drive in Raleigh, North Carolina. The mailing address is:

North Carolina Sheriffs' Education and Training Standards Commission

P.O. Box 629

Raleigh, North Carolina 27602

Telephone (919) 779-8213

History

  • Authority G.S. 17E-5; 17E-6
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2013; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. May 1, 2026.
12 NCAC 10B .0102 Purpose {#sec-12-ncac-10b-.0102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0102}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Repealed Eff. January 1, 1996.
12 NCAC 10B .0103 Definiti0ns {#sec-12-ncac-10b-.0103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0103}

In addition to the definitions set forth in G.S. 17E-2, the following definitions apply throughout this Chapter, unless the context requires otherwise:

(1) "Appointment" as it applies to a deputy sheriff means the date the deputy's oath of office is administered; and as it applies to a detention officer means either the date the detention officer's oath of office was administered, if applicable, or the detention officer's actual date of employment as reported on the Report of Appointment (Form F-4) by the employing agency, whichever is earlier; and as it applies to a telecommunicator, the telecommunicator's actual date of employment as reported on the Report of Appointment (Form F-4T).

(2) "Commission" as it pertains to criminal offenses means a finding by the North Carolina Sheriffs' Education and Training Standards Commission or an administrative body, pursuant to the provisions of G.S. 150B, that a person performed the acts necessary to satisfy the elements of a specified criminal offense.

(3) "Convicted" or "Conviction" means for purposes of this Chapter, the entry of:

(a) a plea of guilty;

(b) a verdict or finding of guilt by a jury, judge, magistrate, or other adjudicating body, tribunal, or official, either civilian or military; or

(c) a plea of no contest, nolo contendere, or the equivalent.

(4) "Department Head" means the chief administrator of any criminal justice agency or communications center. Department head includes the sheriff or a designee appointed in writing by the Department head.

(5) "Deputy Sheriff" means any person who has been duly appointed and sworn by the sheriff and who is authorized to exercise the powers of arrest in accordance with the laws of North Carolina.

(6) "Detention Officer" means any person performing responsibilities, either on a full-time, part-time, permanent or temporary basis, which includes the control, care, and supervision of any inmates incarcerated in a county jail or other confinement facility under the direct supervision and management of the sheriff. "Detention Officer" shall also mean the administrator and the other custodial personnel of district confinement facilities as defined in G.S. 153A-219.

(7) "Director" means the Director of the Sheriffs' Standards Division of the North Carolina Department of Justice.

(8) "Division" means the Sheriffs' Standards Division.

(9) "Dual Certification" means that a justice officer holds probationary, general, or grandfather certification in two or more of the following positions with the same agency:

(a) deputy sheriff;

(b) detention officer;

(c) telecommunicator.

(10) "Enrolled" means that an individual is currently participating in an on-going presentation of a commission-certified basic training course which has not been concluded on the day probationary certification expires.

(11) "Essential Job Functions" means those tasks deemed by the agency head to be necessary for the proper performance of a justice officer.

(12) "Felony" means any offense designated a felony by the laws, statutes, or ordinances of the jurisdiction in which the offense occurred.

(13) "General Powers of Arrest" means the authority to enforce the state or federal laws within the officer's territorial and subject matter jurisdiction to include the authority to arrest and cite offenders under the laws of the jurisdiction. These powers must be conferred on the officer by virtue of occupying a sworn law enforcement position. General powers of arrest means those powers, even though limited by subject matter jurisdiction, which may be exercised as a routine responsibility of the office. General powers of arrest does not mean those powers of arrest conferred by virtue of a special appointment or those granted as an incidental, as opposed to a primary, function of the office.

(14) "High School Graduation" means successful completion of all requirements for either public or non-public schools, including passing any required competency tests, established by the State Board of Education or other entity having jurisdiction where the student graduated at the time the student finished high school. A certificate or diploma reflecting the person accomplished some but not all graduation requirements is not sufficient. The high school must meet the compulsory attendance requirements in the jurisdiction in which the school is located.

(15) "In-Service Training Coordinator" means the person designated by the Department Head to administer the agency's in-service training program.

(16) "Lateral Transfer" means certification of a justice officer when the applicant for certification has previously held general or grandfather certification as a justice officer or a criminal justice officer as defined in G.S. 17C-2(3) excluding state correctional officers, state probation/parole officers, and state youth services officers, provided the applicant has been separated from a sworn law enforcement position for no more than one year, or has had no break in service.

(17) "Misdemeanor" means those criminal offenses not classified by the North Carolina General Statutes, the United States Code, the common law, or the courts as felonies. Misdemeanor offenses are classified by the Commission as follows:

(a) "Class A Misdemeanor" means:

(i) an act committed or omitted in violation of any common law, duly enacted ordinance or criminal statute of this state which is not classified as a Class B Misdemeanor pursuant to Sub-item (17)(b) of this Rule. Also specifically included herein as a Class A Misdemeanor is the offense of driving while impaired, if the offender was sentenced under punishment level three [G.S. 20-179(i)], level four [G.S. 20-179(j)], or level five [G.S. 20-179(k)]. All other traffic offenses under Chapter 20 (motor vehicles) are not classified as Class A Misdemeanors.

(ii) acts committed or omitted in North Carolina prior to October 1, 1994 in violation of any common law, duly enacted ordinance or criminal statute, of this state for which the maximum punishment allowable for the designated offense included imprisonment for a term of not more than six months. Also specifically included herein as a Class A Misdemeanor is the offense of driving while impaired, if the offender was sentenced under punishment level three [G.S. 20-179(i)], level four [G.S. 20-179(j)], or level five [G.S. 20-179(k)]. All other traffic offenses under Chapter 20 (motor vehicles) are not classified as Class A Misdemeanors.

(iii) any act committed or omitted in violation of any common law, duly enacted ordinance, criminal statute of any jurisdiction other than North Carolina, either civil or military, for which the maximum punishment allowable for the designated offense under the laws, statutes, or ordinances of the jurisdiction in which the offense occurred includes imprisonment for a term of not more than six months. Specifically excluded from this grouping of "Class A Misdemeanor" criminal offenses for jurisdictions other than North Carolina, are motor vehicle or traffic offenses designated as misdemeanors under the laws of other jurisdictions, or duly enacted ordinances of an authorized governmental entity with the exception of the offense of driving while impaired which is expressly included herein as a class A misdemeanor, if the offender could have been sentenced for a term of not more than six months.

(b) "Class B Misdemeanor" means:

(i) an act committed or omitted in violation of any common law, criminal statute, or criminal traffic code of this state which is classified as a Class B Misdemeanor as set forth in the "Class B Misdemeanor Manual" as published by the North Carolina Department of Justice and shall automatically include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6. Copies of the publication may be obtained from the North Carolina Department of Justice, Post Office Box 629, Raleigh, North Carolina 27602. There is no cost per manual at the time of adoption of this Rule.

(ii) acts committed or omitted in North Carolina prior to October 1, 1994 in violation of any common law, duly enacted ordinance, or criminal statute, of this state for which the maximum punishment allowable for the designated offense included imprisonment for a term of more than six months but not more than two years. Specifically excluded from the grouping of "Class B misdemeanors" committed or omitted in North Carolina prior to October 1, 1994 are motor vehicle or traffic offenses designated as being misdemeanors under G.S. 20 (motor vehicles), with the following exceptions: "Class B misdemeanors" committed or omitted in North Carolina prior to October 1, 1994 expressly include, either first or subsequent offenses of G.S. 20-138(a) or (b), G.S. 20-166 (duty to stop in the event of an accident), G.S. 20-138.1 (impaired driving) if the defendant was sentenced under punishment level one [G.S. 20-179(g)] or punishment level two [G.S. 20-179(h)] for the offense, and shall also include a violation of G.S. 20-28(b) [driving while license permanently revoked or suspended].

(iii) any act committed or omitted in violation of any common law, duly enacted ordinance, or criminal statute of any jurisdiction other than North Carolina, either civil or military, for which the maximum punishment allowable for the designated offense under the laws, statutes, or ordinances of the jurisdiction in which the offense occurred includes imprisonment for a term of more than six months but not more than two years. Specifically excluded from this grouping of "Class B Misdemeanor" criminal offenses for jurisdictions other than North Carolina, are motor vehicle or traffic offenses designated as being misdemeanors under the laws of other jurisdictions with the following exceptions: Class B Misdemeanor does expressly include, either first or subsequent offenses of driving while impaired if the maximum allowable punishment is for a term of more than six months but not more than two years, and driving while license permanently revoked or permanently suspended.

(18) "Qualified Assistant" means an additional staff person designated as such by the School Director to assist in the administration of a course when justification of demonstrated need has been provided to the Division.

(19) "Sworn Law Enforcement Position" means a position with a criminal justice agency of the United States, any state, or a political subdivision of any state which, by law, has general power of arrest and requires each of the following:

(a) successful completion of the Basic Law Enforcement Training curriculum offered by the respective state or federal entity; and

(b) an independent oath of office providing for the execution of the laws of the respective state or federal jurisdiction.

(20) "Telecommunicator" means any person performing responsibilities, either on a full-time, part-time, permanent or temporary basis, for communication functions to include receiving calls or dispatching for emergency and law enforcement services.

(21) "Unprofessional Personal Conduct" means an act that is:

(a) conduct for which no reasonable person should expect to receive prior warning;

(b) job-related conduct which constitutes a violation of State or federal law;

(c) conviction or commission of a criminal offense as set out in 12 NCAC 10B .0204;

(d) the willful violation of Rules of this Chapter;

(e) conduct that is detrimental to instruction in the Commission's mandated courses;

(f) the abuse of client(s), student(s) or person(s) over whom the instructor has charge; or

(g) falsification of an instructor application or in other employment documentation.

History

  • Authority G.S. 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1994; January 1, 1993
  • Temporary October 1, 1994 for a period of 180 days or until the permanent rule become effective whichever is sooner
  • Amended Eff. January 1, 1996; March 1, 1995
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. February 1, 2009; January 1, 2008; January 1, 2006; August 1, 2000; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2023.
12 NCAC 10B .0104 Sheriffs' Standards Division {#sec-12-ncac-10b-.0104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0104}

History

  • Status: repealed
  • Authority G.S. 17E-6
  • Eff. January 1, 1989
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. May 1, 2026.
12 NCAC 10B .0105 Administrative Hearing Procedures {#sec-12-ncac-10b-.0105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0105}

History

  • Status: repealed
  • Authority G.S. 17E-9(b); 150B-20; 150B-21.6; 150B-38(h); 150B-40
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1996; January 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. May 1, 2026.
12 NCAC 10B .0106 PROCEDURES FOR PETITIONS FOR Rulemaking {#sec-12-ncac-10b-.0106 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0106}

In addition to the procedures set out in G.S. 150B-20, Petitions for Rulemaking shall be submitted to the Commission and shall contain:

(1) petitioner's name, address, and telephone number;

(2) a draft of the proposed rule or rule change;

(3) the reason for its proposal;

(4) the effect of the proposal on existing rules or decisions;

(5) data supporting the proposal;

(6) practices likely to be affected by the proposal; and

(7) a list or description of persons likely to be affected by the proposed rule.

History

  • Authority G.S. 150B-20; 17E-4
  • Eff. January 1, 1990
  • Amended Eff. January 1, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. May 1, 2026.
12 NCAC 10B .0107 Procedures for Petitions for Declaratory Rulings {#sec-12-ncac-10b-.0107 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0107}

(a) In addition to the procedures set out in G.S. 150B-4, petitions for declaratory rulings shall be submitted to the Commission and shall contain:

(1) petitioner's name, address, and telephone number;

(2) the statutes, rules, or both to which the request relates;

(3) facts and information which are relevant to the request;

(4) a concise statement of the manner in which petitioner has been aggrieved;

(5) a draft of the declaratory ruling sought by petitioner, if a specified outcome is sought by petitioner;

(6) practices likely to be affected by the declaratory ruling;

(7) a list or description of persons likely to be affected by the declaratory ruling; and

(8) a statement as to whether the petitioner desires to present oral argument, to the Commission prior to its decision.

(b) The Commission shall refuse to issue a declaratory ruling when:

(1) the petition does not comply with Paragraph (a) of this Rule;

(2) the Commission has previously issued a declaratory ruling on substantially similar facts;

(3) the Commission has previously issued a final agency decision in a contested case on substantially similar facts;

(4) the facts underlying the request for a declaratory ruling were specifically considered at the time of the adoption of the rule in question; or

(5) the subject matter of the request is involved in pending litigation.

History

  • Authority G.S. 150B-4
  • Eff. January 1, 1990
  • Amended Eff. August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. May 1, 2026.
12 NCAC 10B .0108 Administration of Programs {#sec-12-ncac-10b-.0108 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0108}

(a) The Division shall administer all programs of the Commission regarding certification and implementation of standards.

(b) The administrative duties of the Division include:

(1) preparing and distributing a compilation of these Rules to persons, agencies, and institutions subject thereto;

(2) creating and distributing forms to aid application for certification and reporting of programs conducted under these Rules;

(3) developing and administering comprehensive examinations to provide a basis for the decision to certify Justice Officers;

(4) monitoring and evaluating the activities of persons, agencies, and institutions subject to these Rules;

(5) providing technical assistance to agencies and institutions regarding their substantive and procedural responsibilities under these Rules;

(6) investigating and reporting to the Commission violations of and deviations from these Rules by any person, agency, or institution;

(7) maintaining records of application, qualification, and program reports filed with the Commission under these Rules;

(8) collecting information relevant to the programs of the Commission from persons, agencies, and institutions subject to these Rules;

(9) compiling and maintaining the official records of Commission meetings and acts;

(10) transmitting notice of Commission actions to all persons, agencies, and institutions affected by Commission action;

(11) divulging to authorized requesters information in the personnel and program files of the Commission.

History

  • Authority G.S. 17E-6
  • Eff. January 1, 1989
  • Recodified from 12 NCAC 10B .0201 Eff. January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0109 Development of Programs {#sec-12-ncac-10b-.0109 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0109}

The Division shall assist the Commission in developing and evaluating programs for the improvement of North Carolina Sheriffs' offices by:

(1) Compiling data, performing research, and developing reports concerning the needs of all sheriffs' offices;

(2) Presenting to the Commission recommendations for the development of new programs and the revision of existing programs;

(3) Disseminating information about Commission programs to concerned agencies and persons; and

(4) Collecting comments about Commission programs contributed by agencies and the public.

History

  • Authority G.S. 17E-6
  • Eff. January 1, 1989
  • Recodified from 12 NCAC 10B .0202 Eff. January 1, 1992
  • Amended Eff. February 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0110 Divulging Personnel Information {#sec-12-ncac-10b-.0110 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0110}

History

  • Status: expired
  • Authority G.S. 17E-6
  • Eff. January 1, 1989
  • Recodified from 12 NCAC 10B .0203 Eff. January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Expired Eff. September 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 10B .0201 Investigation of Violation of Rules {#sec-12-ncac-10b-.0201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0201}

(a) If any criminal justice agency, school, authorized representative acting on behalf of either, or individual is reported to be or suspected of being in violation of any of these Rules, the Commission may take action to correct the violation and to ensure that similar violations do not occur.

(b) Before taking action against an agency, school, or individual for a violation, the Division shall investigate the alleged violation and, when required by the Director, shall present a report of its findings to the Probable Cause Committee of the Commission.

(c) The Probable Cause Committee may convene prior to each regular meeting of the Commission to consider these investigative reports and make a determination as to whether or not probable cause exists that the Commission's rules have been violated; or may delegate authority to the Director for further action.

(d) The Probable Cause Committee may:

(1) direct the Division to conduct a further investigation of the alleged violation;

(2) request the Attorney General to authorize an investigation of the violation by the State Bureau of Investigation;

(3) direct the Division to conduct an administrative hearing in the matter; or

(4) determine the appropriate sanctions against the violator pursuant to the Commission's Rules.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1992
  • Amended Eff. January 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0202 Sanctions for Violations by Agencies or Schools {#sec-12-ncac-10b-.0202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0202}

If the Commission finds that a violation of any rules in this Chapter has been committed by an agency or school, the Commission may:

(1) issue an oral warning and request for compliance;

(2) issue a written warning and request for compliance;

(3) issue an official written reprimand;

(4) summarily suspend when the Commission finds that the public health, safety, or welfare requires emergency action, revoke, or deny accreditation to any school or program or course of instruction until corrective measures have been taken to bring the agency or school into compliance with the rules in this Subchapter and verification of such compliance has been made by the Commission; or

(5) revoke, or deny accreditation to any school or program or course of instruction for a specific period of time to be determined by the Commission's Probable Cause Committee; however, not to exceed one year.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1991
  • Recodified from 12 NCAC 10B .0205 Eff. January 1, 1992
  • Amended Eff. March 1, 2009; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0203 Sanctions for Violations by Individuals {#sec-12-ncac-10b-.0203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0203}

When any person certified by the Commission is found to have knowingly and willfully violated any provision or requirement of the rules in this Subchapter, the Commission may take action to correct the violation and to ensure that the violation does not re-occur, including:

(1) issuing an oral warning and request for compliance;

(2) issuing a written warning and request for compliance;

(3) issuing an official written reprimand;

(4) summarily suspending the individual's certification for a specified period of time or until acceptable corrective action is taken by the individual upon a specific finding that allowing the individual to work poses a danger to the public health, safety and welfare; or

(5) revoking or denying the individual's certification. Where action is being taken against an instructor or school director the Probable Cause Committee shall specify a period of time for the revocation or denial not to exceed five years. Where action is being taken against an applicant for justice officer certification or a certified justice officer, the sanctions set out in 12 NCAC 10B .0205 apply.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1991
  • Recodified from 12 NCAC 10B .0206 Eff. January 1, 1992
  • Amended Eff. January 1, 2009; January 1, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0204 Suspension: Revocation: or Denial of Certification {#sec-12-ncac-10b-.0204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0204}

(a) The Commission shall revoke or deny the certification of a justice officer when the Commission finds that the applicant for certification or the certified officer has committed or been convicted of:

(1) a felony; or

(2) a crime for which the authorized punishment could have been imprisonment for more than two years.

(b) The Commission shall revoke, deny, or suspend the certification of a justice officer when the Commission finds that the applicant for certification or the certified officer:

(1) has not enrolled in and satisfactorily completed the required basic training course in its entirety within a one year time period as specified by the rules in this Subchapter;

(2) fails to meet or maintain any of the employment or certification standards required by 12 NCAC 10B .0300;

(3) fails to satisfactorily complete the in-service training requirements as presented in 12 NCAC 10B .2000 and .2100 or 12 NCAC 09E .0100;

(4) has refused to submit to the drug screen as required by the rules in this Chapter or the rules of the Criminal Justice Education and Training Standards Commission or has refused to submit to an in-service drug screen pursuant to the guidelines set forth in the Drug Screening Implementation Guide as required by the employing agency through which the officer is certified;

(5) has produced a positive result on any drug screen reported to the Commission as specified in 12 NCAC 10B .0410 or reported to any commission, agency, or board established to certify, pursuant to said commission, agency, or boards' standards, a person as a justice officer, a corrections officer as defined in 12 NCAC 09G .0102 or a criminal justice officer as defined in 12 NCAC 09A .0103(7), unless the positive result is due to a medically indicated cause.

(c) The Commission may revoke, deny, or suspend the certification of a justice officer when the Commission finds that the applicant for certification or certified justice officer:

(1) has knowingly made a material misrepresentation of any information required for certification or accreditation from the Commission or the North Carolina Criminal Justice Education and Training Standards Commission. This Subparagraph also applies to obtaining or attempting to obtain in-service firearms requalification as required by 12 NCAC 10B .2000 and .2100;

(2) has knowingly and designedly by any means of false pretense, deception, fraud, misrepresentation or cheating whatsoever, obtained or attempted to obtain credit, training or certification from the Commission or the North Carolina Criminal Justice Education and Training Standards Commission. This Subparagraph also applies to obtaining or attempting to obtain in-service firearms requalification as required by 12 NCAC 10B .2000 and .2100;

(3) has knowingly and designedly by any means of false pretense, deception, fraud, misrepresentation or cheating whatsoever, aided another in obtaining or attempting to obtain credit, training, or certification from the Commission or the North Carolina Criminal Justice Education and Training Standards Commission. This Subparagraph also applies to obtaining or attempting to obtain in-service firearms requalification as required by 12 NCAC 10B .2000 and .2100;

(4) has been removed from office by decree of the Superior Court in accordance with the provisions of G.S. 128-16 or has been removed from office by sentence of the court in accord with the provisions of G.S. 14-230; or

(5) has been denied certification or had such certification suspended or revoked by the North Carolina Criminal Justice Education and Training Standards Commission, or a similar North Carolina, out-of-state or federal approving, certifying or licensing agency.

(d) The Commission may revoke, suspend or deny the certification of a justice officer when the Commission finds that the applicant for certification or the certified officer has committed or been convicted of:

(1) a crime or unlawful act defined in 12 NCAC 10B .0103(17)(b) as a Class B misdemeanor and which occurred after the date of appointment;

(2) a crime or unlawful act defined in 12 NCAC 10B .0103(17)(b) as a Class B misdemeanor within the five-year period prior to the date of appointment;

(3) four or more crimes or unlawful acts defined in 12 NCAC 10B .0103(17)(b) as Class B misdemeanors regardless of the date of commission or conviction;

(4) an accumulation of four or more crimes or unlawful acts defined in 12 NCAC 10B .0103(17)(a) as a Class A misdemeanor, regardless of the date of commission or conviction except the applicant shall be certified if the last conviction or commission occurred more than two years prior to the date of appointment; or

(5) any combination of four or more crimes or unlawful acts defined in 12 NCAC 10B .0103(17)(a) as a Class A misdemeanor or defined in 12 NCAC 10B .0103(17)(b) as a Class B misdemeanor regardless of the date of commission or conviction.

(e) Without limiting the application of G.S. 17E, a person who has had his certification suspended or revoked shall not exercise the authority or perform the duties of a justice officer during the period of suspension or revocation.

(f) Without limiting the application of G.S. 17E, a person who has been denied certification revoked shall not be employed or appointed as a justice officer or exercise the authority or perform the duties of a justice officer.

(g) If the Commission does revoke, suspend, or deny the certification of a justice officer pursuant to this Rule, the period of such sanction shall be as set out in 12 NCAC 10B .0205.

History

  • Authority G.S. 17E-7
  • Eff. January 1, 1990
  • Amended Eff. July 1, 1990
  • Recodified from 12 NCAC 10B .0204 Eff. January 1, 1991
  • Amended Eff. April 1, 1991; January 1, 1991
  • Recodified from 12 NCAC 10B .0207 Eff. January 1, 1992
  • Amended Eff. January 1, 2009; January 1, 2008; January 1, 2007; January 1, 2006; March 1, 2005; January 1, 2005; August 1, 1998; January 1, 1996; January 1, 1995; January 1, 1994; January 1, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2023; February 1, 2023.
12 NCAC 10B .0205 Period of Suspension, Revocation, or Denial {#sec-12-ncac-10b-.0205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0205}

When the Commission suspends, revokes, or denies the certification of a justice officer, the period of sanction shall be:

(1) permanent where the cause of sanction is:

(a) commission or conviction of a felony;

(b) commission or conviction of a crime for which authorized punishment included imprisonment for more than two years; or

(c) the second revocation, suspension, or denial of an officer's certification for any of the causes requiring at least a five-year period of revocation, suspension, or denial as set out in Item (2) of this Rule.

(2) not less than five years where the cause of sanction is:

(a) commission or conviction of offenses as specified in 12 NCAC 10B .0204(d)(1);

(b) material misrepresentation of any information required for certification or accreditation from the Commission or the North Carolina Criminal Justice Education and Training Standards Commission. A material misrepresentation is a false representation of fact or omission of fact reported to or required to be reported to the Commission that if the true fact were known would have induced or caused the Commission to have treated the individual's certification or application for certification differently;

(c) knowingly and designedly by any means of false pretense, deception, fraud, misrepresentation or cheating, obtained or attempted to obtain credit, training or certification from the Commission or the North Carolina Criminal Justice Education and Training Standards Commission;

(d) knowingly and designedly by any means of false pretense, deception, fraud, misrepresentation or cheating, aiding another in obtaining or attempting to obtain credit, training, or certification from the Commission or the North Carolina Criminal Justice Education and Training Standards Commission. This Sub-Item also applies to obtaining or attempting to obtain credit for in-service training as required by 12 NCAC 10B .1700, .1800, .2000, or .2100;

(e) failure to make either of the notifications as required by 12 NCAC 10B .0301(13);

(f) removal from office under the provisions of G.S. 128-16 or the provisions of G.S. 14-230;

(g) a positive result on a drug screen, refusal to submit to drug testing as required by the rules in this Chapter or the rules of the Criminal Justice Education and Training Standards Commission, or refusal to submit to an in-service drug screen pursuant to the guidelines set forth in the Drug Screening Implementation Guide as required by the employing agency through which the officer is certified.

The Commission may either reduce or suspend the periods of sanction under this Item or substitute a period of probation in lieu of revocation, suspension, or denial following an administrative hearing. This authority to reduce or suspend the period of sanction may be utilized by the Commission when extenuating circumstances brought out at the administrative hearing warrant such a reduction or suspension.

(3) for an indefinite period, but continuing so long as the stated deficiency, infraction, or impairment continues to exist, where the cause of sanction is:

(a) failure to meet or satisfy relevant basic training requirements pursuant to Sections .0500, .0600, and .1300 of this Subchapter.

(b) failure to meet or maintain the minimum standards of employment or certification pursuant to 12 NCAC 10B .0301;

(c) failure to meet or satisfy the in-service training requirements as prescribed in 12 NCAC 10B .2000 or .2100 or 12 NCAC 09E .0100;

(d) commission or conviction of offenses as specified in 12 NCAC 10B .0204(d)(2), (3), (4) and (5); or

(e) denial, suspension, or revocation of certification pursuant to 12 NCAC 10B .0204(c)(5).

The Commission may either reduce or suspend the periods of sanction where revocation, denial, or suspension of certification is based upon a finding of a violation of 12 NCAC 10B .0204(d) or substitute a period of probation in lieu of revocation, suspension, or denial following an administrative hearing. This authority to reduce or suspend the period of sanction may be utilized by the Commission when extenuating circumstances brought out at the administrative hearing warrant such a reduction or suspension.

History

  • Authority G.S. 17E-4; 17E-7; 17E-9
  • Eff. January 1, 1991
  • Recodified from 12 NCAC 10B .0208 Eff. January 1, 1992
  • Amended Eff. January 1, 2013; January 1, 2009; January 1, 2008; January 1, 2007; January 1, 2006; March 1, 2005; January 1, 1995; January 1, 1994; January 1, 1993; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. January 1, 2023.
12 NCAC 10B .0206 Summary Suspensions: or Denials {#sec-12-ncac-10b-.0206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0206}

(a) The Commission may summarily suspend or deny the certification of a justice officer or instructor when, in the opinion of the Commission, the public health, safety, or welfare requires this emergency action of summary suspension or denial. The following conditions specifically affect the public health, safety, or welfare and therefore the Commission, by and through the Director, shall utilize summary suspension or denial following a full investigation of the matter when:

(1) the applicant for certification or the certified justice officer has committed or been convicted of a violation of the criminal code that would require a permanent revocation or denial of certification;

(2) the justice officer has failed to comply with the training requirements of 12 NCAC 10B .0500, .0600, and .1300;

(3) the certified justice officer or criminal justice officer fails to satisfactorily complete the minimum in-service training requirements as prescribed in 12 NCAC 10B .2000 or .2100 or 12 NCAC 09E .0100;

(4) the applicant for certification has refused to submit to the drug screen as required in 12 NCAC 10B .0301(6) or .0406(c)(3) or in connection with an application for or certification as a justice officer or a criminal justice officer as defined in 12 NCAC 09A .0103(7); or

(5) the applicant for certification or the certified officer has produced a positive result on any drug screen reported to the Commission as specified in 12 NCAC 10B .0410 or reported to any commission, agency, or board established to certify, pursuant to said commission, agency, or board's standards, a person as a justice officer or a criminal justice officer as defined in 12 NCAC 09A .0103(7), unless the positive result is due to a medically indicated cause.

(b) Without limiting the application of G.S. 17E, a person who has had his or her certification summarily suspended or denied may not exercise the authority or perform the duties of a justice officer during the period of suspension or denial.

History

  • Authority G.S. 17E-8; 17E-9; 150B-3(c)
  • Eff. January 1, 1992
  • Amended Eff. January 1, 1993
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. January 1, 2013; January 1, 2008; March 1, 2005; April 1, 1999; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. February 1, 2023.
12 NCAC 10B .0301 Minimum Standards for Justice Officers {#sec-12-ncac-10b-.0301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0301}

Every justice officer employed or certified in North Carolina shall:

(1) be a citizen of the United States;

(2) be at least 20 years of age for all deputies and detention officers or be at least 18 years of age for all telecommunicators;

(3) be a high school graduate, or the equivalent as defined in 12 NCAC 10B .0302;

(4) have been fingerprinted by the employing agency in the manner provided in 12 NCAC 10B .0303;

(5) have had a medical examination as required by 12 NCAC 10B .0304;

(6) have produced a negative result on a drug screen as described in 12 NCAC 10B .0410;

(7) have been administered a psychological screening examination as in accordance with G.S. 17E-7. This psychological screening examination shall be valid for a period of one year from the date on which it was administered;

(8) have been interviewed as described in 12 NCAC 10B .0306;

(9) have a background investigation conducted by the employing agency, including a personal interview as required by 12 NCAC 10B .0305;

(10) not have committed or been convicted of a crime or crimes specified in 12 NCAC 10B .0307;

(11) for personnel who are authorized to carry a firearm in the execution of their duties, satisfactorily complete the employing agency's in-service firearms training program as prescribed in 12 NCAC 10B .2103 and .2104. Such firearms training compliance must have occurred prior to submission of the application for appointment to the Commission and must be completed using the agency approved service handguns and any other weapons that the applicant has been issued or authorized to use by the agency; and

(12) be of good moral character as defined in: In re Legg, 325 N.C. 658, 386 S.E.2d 174 (1989); State v. Benbow, 309 N.C. 538, 308 S.E.2d 647 (1983); In re Willis, 288 N.C. 1, 215 S.E.2d 771 (1975), appeal dismissed 423 U.S. 976 (1975); State v. Harris, 216 N.C. 746, 6 S.E.2d 854 (1940); In re Dillingham, 188 N.C. 162, 124 S.E. 130 (1924); In re Applicants for License 143 N.C. 1, 55 S.E. 635 (1906); and later court decisions.

(13) make the following notifications:

(a) within five business days of the qualifying event, notify the Standards Division and the appointing agency head in writing of all criminal offenses for which the officer is charged, arrested, pleads no contest, pleads guilty or of which the officer is found guilty. This shall include traffic offenses identified in the Class B Misdemeanor Manual and offenses of driving under the influence (DUI) or driving while impaired (DWI).

(b) within five business days of service, officers shall notify the Standards Division of all Domestic Violence Protective Order pursuant to G.S. 50B and any Civil No Contact Order pursuant to G.S. 50C that are issued by a judicial official against the officer;

(c) within five business days of the date the case was disposed of in court, the agency head, provided he or she has knowledge of the officer's arrests or criminal charges and final dispositions, shall also notify the Standards Division of arrests or criminal charges and final disposition;

(d) within five business days of the issuance of all Domestic Violence Protective Orders pursuant to G.S. 50B and Civil No Contact Orders pursuant to G.S. 50C, the agency head, provided he or she has knowledge of the order, shall also notify the Standards Division of these orders.

(e) The required notifications in this Rule shall be in writing and shall specify the nature of the offense or order, the court in which the case was handled, the date of the arrest, criminal charge, or service of the order, and the final disposition. The notification shall include a certified copy of the order or court documentation and final disposition from the Clerk of Court in the county of adjudication. The requirements of this Item shall be applicable at all times during which the officer is employed and certified by the Commission and shall also apply to all applicants for certification. Receipt by the Standards Division of a single notification, from the officer or the agency head, shall be sufficient notice for compliance with this Item.

(14) The requirements of this Rule shall apply to all applications for certification and shall also apply at all times during which the justice officer is certified by the Commission.

History

  • Authority G.S. 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2018; February 1, 2014; January 1, 2006; January 1, 2005; August 1, 2002; January 1, 1996; January 1, 1994; January 1, 1993; January 1, 1992; July 1, 1990; January 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Temporary Amendment Eff. January 1, 2022
  • Amended Eff. January 1, 2023.
12 NCAC 10B .0302 Documentation of Educational Requirement {#sec-12-ncac-10b-.0302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0302}

(a) Each applicant for certification as a justice officer shall furnish documentary evidence of high school, college, or university graduation to the employing agency. Documentary evidence of high school graduation consists of diplomas or transcripts from public schools or private schools which meet standards adopted by either the North Carolina Department of Public Instruction, the Division of Non-Public Instruction, or a comparable out of state agency; or such documentation as described in Paragraphs (b), (c), (d), and (e) of this Rule. Documentary evidence of college or university graduation consists of diplomas or transcripts from colleges or universities accredited as such by the Department of Education of the state in which the institution is located, an accredited body recognized by either the U.S. Department of Education or Council for Higher Education Accreditation, or the state university of the state in which the institution is located.

(b) High School Diplomas earned through home school programs must be accompanied by a true and accurate or certified transcript and must meet the requirements of Part 3 of Article 39 of Chapter 115C of the North Carolina General Statutes, or a comparable out-of-state statute.

(c) Diplomas earned from high schools or equivalent institutions outside of the United States must be translated into English and be accompanied by an authentic transcript. The Division's staff shall evaluate the transcripts to ensure they are scholastically comparable to United States curriculum requirements.

(d) The Division's staff shall evaluate high school diplomas earned through on-line or correspondence courses on a case by case basis. Such diplomas must meet state and local requirements for the jurisdiction from which the diploma was issued.

(e) Documentary evidence of having earned a High School Equivalency (HSE) diploma shall be satisfied by a certified copy of a high school equivalency credential or an adult high school diploma, both of which must be recognized by the U.S. Department of Education, the state department of education, or educational agency that is authorized in the state to issue High School Equivalency (HSE) diplomas.

(f) Documentary evidence of the attainment of satisfactory scores on any military high school equivalency examination is acceptable as evidence of high school graduation if verified by a true copy of the veteran's DD214, Certificate of Release from Active Duty.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2019; January 1, 2008; August 1, 2000; January 1, 1992; January 1, 1990
  • Readopted Eff. August 1, 2019
  • Amended Eff. January 1, 2023.
12 NCAC 10B .0303 Fingerprint Criminal History Records Check {#sec-12-ncac-10b-.0303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0303}

(a) Each applicant for certification, pursuant to Rules .0301 and .0401 of this Subchapter, shall submit electronic fingerprints in the Statewide Automated Fingerprint Identification System (SAFIS).

(b) The employing agency shall forward the applicant's fingerprint record to the North Carolina State Bureau of Investigation for a criminal history record check utilizing fingerprints against state and federal files.

(c) The employing agency will receive a report of the results of the criminal history record check utilizing fingerprints against state and federal files from the North Carolina State Bureau of Investigation. The employing agency shall retain the results of the criminal history records check utilizing fingerprints in compliance with the North Carolina Department of Natural and Cultural Resources Retention Schedule established pursuant to G.S. 121-4 and G.S. 132-8.1. The employing agency shall include the results of the fingerprint criminal history record check with the applications submitted to the Commission.

(d) Each applicant for certification and certified justice officers shall also submit electronic fingerprints, other identifying information required by the State and National Repositories of Criminal Histories, and any other information required by the State Bureau of Investigation for their enrollment in the Federal Bureau of Investigation's Next Generation Identification (NGI) System and Criminal Justice Record of Arrest and Prosecution Background (Rap Back) Service. Those individuals seeking justice officer certification shall submit the required electronic fingerprints, along with the required documentation pursuant to Rule .0408 of this Subchapter, and other information prior to being issued certification. Those individuals certified as justice officers prior to July 1, 2023 shall submit the required electronic fingerprints and other information no later than June 30, 2023.

(e) Pursuant to Rule .0301(4) of this Section an applicant for certification as a justice officer shall not perform any action requiring certification by the Commission prior to the date on which the employing agency receives the report of the result of the criminal history record check utilizing fingerprints.

History

  • Authority G.S. 17E-7; 143B-972.1
  • Eff. January 1, 1989
  • Amended Eff. August 1, 2000; January 1, 1993; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. February 1, 2024; January 1, 2023.
12 NCAC 10B .0304 Medical Examination {#sec-12-ncac-10b-.0304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0304}

(a) Each applicant for certification or enrollment in a Commission-certified basic training course shall complete, sign, and date the Commission's Medical History Statement Form (F-1) and shall be examined by either a physician, surgeon, physician's assistant, or nurse practitioner, who is licensed to practice in North Carolina, or who is authorized to practice medicine in accordance with the rules and regulations of the United States Armed Forces, as outlined in 10 U.S.C. 1094, to help determine his or her fitness to carry out the physical requirements of the position of justice officer.

(b) Prior to being examined, the applicant shall provide the examining surgeon, physician, physician's assistant, or nurse practitioner with:

(1) the Medical History Statement Form (F-1) which must be read, completed, and signed; and

(2) the Instructions to Agency and Examiner for Completion of Medical Examination Report Form (F-2A) attached to the Medical Examination Report Form (F-2).

(c) The "Medical Screening Guidelines Implementation Manual for Certification of Justice Officers" in the State of North Carolina as published by the North Carolina Department of Justice may be obtained, at no cost, at https://ncdoj.gov/law-enforcement-training/sheriffs/.

(d) The examining physician, surgeon, physician's assistant, or nurse practitioner shall record the results of the examination on the Medical Examination Report Form (F-2) and shall sign and date the form.

(e) The Medical Examination Report Form (F-2) and the Medical History Statement Form (F-1) shall be valid for one year after the date the examination was conducted and shall be completed prior to:

(1) the applicant's beginning the Detention Officer Certification Course, the Basic Law Enforcement Training Course, or the Telecommunicator Certification Course; and

(2) the agency submission of application for certification to the Commission.

History

  • Authority G.S. 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1996; January 1, 1993; January 1, 1991; January 1, 1990
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. January 1, 2018; January 1, 2009; August 1, 2002; April 1, 2001; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. April 1, 2023; January 1, 2023.
12 NCAC 10B .0305 Background Investigation {#sec-12-ncac-10b-.0305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0305}

(a) Prior to employment, an agency shall complete a background investigation on all applicants for certification. The investigation shall determine whether the applicant is of good moral character pursuant to Rule .0301(12) of this Section. This examination includes completion of the Commission's Personal History Statement Form (F-3) and Mandated Background Investigation Form (F-8), ensuring the proper certification and criminal history record check required by each.

(b) Prior to the investigation, the applicant shall complete the Commission's Personal History Statement Form (F-3) to provide a basis for the investigation. The agency shall certify that the results of the background investigation are consistent with the information provided by the applicant on the Personal History Statement Form (F-3). The agency shall then give the applicant the opportunity to update the Personal History Statement Form (F-3) prior to submission to the Division.

(c) The agency shall utilize an investigator with experience or training in conducting background investigations. The investigator shall document the results of the investigation on the Mandated Background Investigation Form (F-8) which shall include information concerning the following:

(1) biographical information;

(2) family;

(3) education;

(4) employment;

(5) criminal history including:

(A) a statewide search of the Administrative Office of the Courts (AOC) computerized system;

(B) a search of the national criminal record database accessible through the Division of Criminal Information (DCI) network;

(C) where the applicant resided in a state other than North Carolina, a records check through the Division of Criminal Information (DCI) using the Out-of-State Computer Name Query (IQ) shall be accepted if the state will respond to an Out-of-State Computer Name Query. If not, then either a records check response from both the municipality, city, or town, where the applicant resided and the county-wide Sheriff's Office or Police Department obtained by mail, facsimile, or electronic mail, or a records check from the county-wide or state-wide record holding agency shall be acceptable;

(6) military service history. If the applicant had prior military service, the background investigation shall include a copy of the applicant's DD214, Certificate of Release from Active Duty, that shows the characterization of discharge for each discharge that occurred and military discipline received, if any. If the DD214 indicates a discharge characterization of any type other than Honorable, then a military records check for any arrests or charges from the military shall also be required;

(7) credit history;

(8) fingerprint criminal history records check results pursuant to Rule .0303 of this Section;

(9) driving history including a search of:

(A) the North Carolina Division of Motor Vehicles, if the applicant has ever possessed a driver's license in North Carolina; and

(B) an out-of-state- motor vehicles check obtained through the Division of Criminal Information (DCI) or obtained through another state's division of motor vehicles agency for any state in which the applicant held a license;

(10) prior applications to law enforcement agencies;

(11) civil court history;

(12) applicant interview;

(13) interviews with the applicant's references; and

(14) a summary of the investigator's findings and conclusions regarding the applicant's moral character known to the agency or listed on the applicant's Personal History Statement (F-3).

(d) If a criminal record is found, criminal records shall be obtained from the Clerk of Court, a law enforcement agency within the jurisdiction, or other governmental entity that maintains or has access to criminal records for the jurisdiction.

(e) Records checks shall be performed on each name by which the applicant for certification has been known since obtaining the age of majority. If the applicant has had an official name change that occurred after the applicant reached the age of majority, then a copy of the legal document effecting the name change shall be obtained by the employing agency.

(f) The Mandated Background Investigation Form (F-8) shall be completed within 120 days of employment. If the investigator signs the form more than 120 days prior to the applicant's date of employment, then the investigator will certify with a notarized statement on their agency letterhead that all information on the form has been updated or a new F-8 shall be completed.

(g) The employing agency shall include a form or letter signed and notarized by the applicant that authorizes the Division staff to obtain documents and records pertaining to the applicant for certification that may be required in order to determine whether certification may be granted and authorizes entities maintaining such records to release them to the Division. A sample release authorization form is available on the Division's website at no cost: https://ncdoj.gov/law-enforcement-training/sheriffs/all-commission-forms-publications/.

(h) The employing agency shall provide to the Division staff the results of a completed and processed form AOC-CR-280, Law Enforcement Application for Verification of Expunction under G.S. 15A-145.4, 15A-145.5, 15A-145.6, 15A-145.8A or 15A-146, for each applicant presented for certification. The AOC-CR-280 form is available on the Commission's website at no cost: https://ncdoj.gov/law-enforcement-training/sheriffs/all-commision-forms-publications/.

(i) The applicant's notarized Personal History Statement (F-3) shall be completed within 120 days of employment. If the form is completed more than 120 days prior to the applicant's date of employment, the Personal History Statement (F-3) shall be updated by the applicant, who shall initial and date all changes no more than 120 days prior to employment or a new Personal History Statement (F-3) shall be completed.

History

  • Authority G.S. 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2010; January 1, 2009; January 1, 2007; August 1, 2002; January 1, 1994; January 1, 1993; January 1, 1992; January 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. February 1, 2025; April 1, 2023; January 1, 2023; June 1, 2021.
12 NCAC 10B .0306 Employment Interview {#sec-12-ncac-10b-.0306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0306}

(a) Prior to employment, the employing agency shall conduct an interview of the applicant to determine the applicant's knowledge, skills, and abilities for success as a justice officer.

(b) The sheriff or agency head may conduct the interview personally or delegate the responsibility to a qualified staff member or panel, who is competent, whether by education, training, or experience, to conduct the employment interview. The respective agency head identifies those individuals he or she deems qualified.

History

  • Authority G.S. 17E-7
  • Eff. January 1, 1989
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. January 1, 2023.
12 NCAC 10B .0307 Criminal History Record {#sec-12-ncac-10b-.0307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0307}

(a) Consistent with and subject to the requirements of 12 NCAC 10B .0204, every justice officer employed or certified in North Carolina shall not have committed or been convicted by a local, state, federal, or military court of:

(1) a felony;

(2) a crime for which the punishment could have been imprisonment for more than two years;

(3) a crime or unlawful act defined as a "Class B Misdemeanor" which occurred after the date of appointment;

(4) a crime or unlawful act defined as a "Class B Misdemeanor" within the five year period prior to the date of appointment;

(5) four or more crimes or unlawful acts defined as "Class B Misdemeanors" regardless of the date of conviction or commission;

(6) four or more crimes or unlawful acts defined as "Class A Misdemeanors" except the applicant can be employed if the last conviction or commission occurred more than two years prior to the date of appointment;

(7) a combination of four or more "Class A or B Misdemeanors" regardless of the date; or

(8) for personnel who are authorized to carry a firearm in the execution of their duties, an offense that, pursuant to 18 USC 922 (g)(8), would prohibit the possession of a firearm or ammunition.

(b) 12 NCAC 10B .0103(2) defines "Commission" as a finding by the North Carolina Sheriffs' Education and Training Standards Commission or an administrative body, pursuant to the provisions of G.S. 150B, that a person performed the acts necessary to satisfy the elements of a specified criminal offense.

(c) The requirements of this Rule shall be applicable at all times during which the officer is certified by the Commission and shall also apply to all applications for certification.

History

  • Authority G.S. 17E-7
  • Eff. January 1, 1989
  • Amended Eff. August 1, 2002; January 1, 1996; January 1, 1993; January 1, 1992; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2023; January 1, 2023.
12 NCAC 10B .0308 Misrepresentation {#sec-12-ncac-10b-.0308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0308}

History

  • Status: repealed
  • Authority G.S. 17E-7
  • Eff. January 1, 1989
  • Repealed Eff. January 1, 1991.
12 NCAC 10B .0401 Certification of Personnel {#sec-12-ncac-10b-.0401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0401}

(a) Every person performing the duties of a deputy sheriff or a detention officer as defined in 12 NCAC 10B .0103(5) and (6) except those certified pursuant to 12 NCAC 10B .0407; and every person performing the duties of a telecommunicator as defined in 12 NCAC 10B .0103(20) and who is under the direct supervision and control of the Sheriff, shall meet the certification requirements of this Subchapter.

(b) Every person performing the duties of a telecommunicator as defined in 12 NCAC 10B .0103(20) who is not under the direct supervision and control of the Sheriff, may be appointed to the Division by the employing entity for purposes of obtaining certification; and if so appointed, shall meet the requirements of this Subchapter.

(c) This Section governs the application requirements for certification and agency responsibilities. Training requirements for Deputy Sheriffs, Detention Officers, and Telecommunicators are set out in Sections .0500, .0600, and .1300 of this Subchapter, respectively.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. February 1, 1998; January 1, 1996; January 1, 1993; January 1, 1991
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. August 1, 2002; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2023.
12 NCAC 10B .0402 PROBATIONARY CERTIFICATION (effective until june 30, 2024) {#sec-12-ncac-10b-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0402}

All justice officers, except those transferred or reinstated pursuant to Rule .0406 of this Section shall serve a probationary certification period of one year; provided that the one year probationary period has not been extended for cause pursuant to 12 NCAC 10B .0303(c); .0503(a); or .0602(a) or .1303(a). For certification as a deputy sheriff the probationary period begins on the date the officer took the Oath of Office. For certification as a detention officer or telecommunicator, the probationary period begins on the date the person was appointed.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1996; January 1, 1994; January 1, 1991
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0402 PROBATIONARY CERTIFICATION (effective july 1, 2024) {#sec-12-ncac-10b-.0402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0402}

All justice officers, except those transferred or reinstated pursuant to Rule .0406 of this Section shall serve a probationary certification period of one year; provided that the one year probationary period has not been extended for cause pursuant to 12 NCAC 10B .0602(a) or .1303(a). For certification as a deputy sheriff the probationary period begins on the date the officer took the Oath of Office after completion of Basic Law Enforcement Training as described in 12 NCAC 10B .0502 and 12 NCAC 09B .0205. For certification as a detention officer or telecommunicator, the probationary period begins on the date the person was appointed.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1996; January 1, 1994; January 1, 1991
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. July 1, 2024.
12 NCAC 10B .0403 Probationary Certification Requirement {#sec-12-ncac-10b-.0403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0403}

(a) For certification as a deputy sheriff or detention officer, a Report of Appointment (Form F-4) shall be submitted to the Division. For certification as a telecommunicator, a Report of Appointment (Form F-4T) shall be submitted to the Division.

(b) Report of Appointment forms shall be submitted to the Division by the employing agency no later than 10 days after the deputy sheriff has taken the Oath of Office, or the detention officer or the telecommunicator has been appointed.

(c) The Division shall forward the justice officer's certification to the employing agency.

(d) No deputy sheriff or detention officer probationary certification shall be issued by the Division prior to the applicant meeting the conditions set forth in this Paragraph. As an additional requirement for probationary certification, the applicant shall meet the following requirements:

(1) If the applicant for probationary certification is authorized by the sheriff to carry a firearm pursuant to the provisions of Rule .2104 of this Subchapter, the employing agency shall submit evidence of satisfactory completion of the employing agency's in-service firearms training and qualification program pursuant to Section .2100 of this Subchapter; or

(2) If the applicant for probationary certification is not authorized by the sheriff to carry a firearm pursuant to the provisions of Rule .2104 of this Subchapter, the employing agency shall notify the Division, in writing, that the applicant is not authorized by the sheriff to carry a firearm.

(e) After documentation has been submitted to the Division pursuant to Paragraph (a) of this rule, a deputy sheriff who has not completed Basic Law Enforcement Training is only authorized to exercise the powers of a deputy sheriff when such action is:

(1) While accompanied by and under the direct supervision of the sheriff or designee; or

(2) While accompanied by and under the direct supervision of another deputy sheriff or law enforcement officer who has successfully completed Basic Law Enforcement Training; or

(3) Necessary to:

(A) Defend themselves or another from what the deputy sheriff believes to be imminent use of deadly force; or

(B) Prevent serious bodily harm to themselves or another; or

(C) Prevent the escape from custody a person the deputy sheriff believes is attempting to escape by means of a deadly weapon, or who by this conduct or any other means indicates an imminent threat of death or serious physical injury to others unless apprehended without delay; or is convicted of a felony; or

(4) Taken when the deputy sheriff has probable cause to believe in their presence:

(A) a felony; or

(B) a breach of the peace; or

(C) a crime involving physical injury to another person; or

(D) a crime involving theft or destruction of property is being committed.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. February 1, 1998, January 1, 1996; January 1, 1994; January 1, 1991
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. July 1, 2024, December 1, 2025.
12 NCAC 10B .0404 GENERAL CERTIFICATION (effective until june 30, 2024) {#sec-12-ncac-10b-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0404}

(a) The Commission shall grant an officer general certification if evidence is received by the Division that the officer has:

(1) complied with all of the requirements of 12 NCAC 10B .0300; and

(2) successfully completed the required training within the probationary period.

(b) General certification is continuous from the date of issuance if:

(1) The certified officer remains continuously employed or appointed as an officer in good standing with an agency and the certification has not been terminated for cause; or

(2) The certified officer, having separated in good standing from an agency, is reemployed or reappointed as a justice officer within one year, and the certification has not been terminated for cause.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0404 GENERAL CERTIFICATION (effective july 1, 2024) {#sec-12-ncac-10b-.0404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0404}

(a) The Commission shall grant an officer general certification if evidence is received by the Division that the officer has:

(1) complied with all of the requirements of 12 NCAC 10B .0300;

(2) successfully completed the required probationary period pursuant to Rule .0402 of this Section; and

(3) detention officers and telecommunicators have completed the required training within the probationary period.

(b) General certification is continuous from the date of issuance if:

(1) The certified officer remains continuously employed or appointed as an officer with an agency and the certification has not been terminated for cause; or

(2) The certified officer, having separated without a pending disciplinary action from an agency, is reemployed or reappointed as a justice officer within one year from the date of separation, and the certification has not been terminated for cause.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. July 1, 2024.
12 NCAC 10B .0405 Report of Separation {#sec-12-ncac-10b-.0405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0405}

(a) An agency separating a person from employment or appointment as a justice officer shall, not later than 10 days after separation, forward to the Division a completed Report of Separation (Form F-5 or Form F-5T).

(b) The Report of Separation (Form F-5 or F-5T) shall include the separating agency, the justice officer's name and address, the date of separation from the agency, and the signature of the agency head or authorized agency representative. If there are any allegations of criminal behavior, untruthfulness or other violations of Commission rules, the separating agency shall also document that information on the Report of Separation form.

(c) Although not presently required by these Rules, it is recommended by the Commission that the employing agency cancel the oath of office of a justice officer who has separated.

(d) The employing agency shall notify the justice officer of the effective date of separation as reported to the Division, and provide documentation of such notification at the time Report of Separation (Form F-5 or Form F-5T) is submitted to the Division.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2005; January 1, 1996; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. April 1, 2022
12 NCAC 10B .0406 lateral transfers and reinstatements {#sec-12-ncac-10b-.0406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0406}

(a) The general certification, pursuant to Rule .0404 of this Section, or grandfather certification, as defined in G.S. 17E-7(a), of a detention officer, as defined in Rule .0103(6) of this Subchapter, or a telecommunicator, as defined in Rule .0103(20) of this Subchapter, is eligible for lateral transfer to an agency and be certified upon compliance with Paragraphs (b) and (c) of this Rule.

(b) The employing agency shall verify the applicant's certification status with the Division prior to submission of the application for certification as a lateral transfer.

(c) In order for a detention officer or telecommunicator to be certified pursuant to Paragraph (a) of this Rule, the employing agency shall submit to the Division, along with the Report of Appointment (F-4 or F-4T), the documents required in Rule .0408 of this Section.

(d) A justice officer whose certification was suspended pursuant to Rule .0204(b)(1) of this Subchapter is eligible to have the certification reinstated provided that:

(1) the period of suspension was six months or less;

(2) the employing agency submits to the Division, along with a Report of Appointment, the documents required in Rule .0408 of this Subchapter except Subparagraphs (1), (2), (3), (4), and (5) of Paragraph (a); and

(3) the officer has successfully completed the basic training requirements as prescribed in Sections .0500, .0600, or .1300 of this Subchapter.

(e) A justice officer for whom a Report of Separation (Form F-5) has been submitted to the Division, and who is re-appointed in the same agency, is eligible for reinstatement provided that:

(1) the period of separation has been six-months or less; and

(2) the employing agency submits to the Division, along with a Report of Appointment, the documents required in Rule .0408 of this Subchapter except Subparagraphs (1), (2), (3), (4), and (5) of Paragraph (a).

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1994; January 1, 1993; January 1, 1992; July 1, 1990
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. January 1, 2009; January 1, 2005; August 1, 2002; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. July 1, 2025; December 1, 2023.
12 NCAC 10B .0407 Certification of Former Sheriff {#sec-12-ncac-10b-.0407 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0407}

(a) The Division shall issue a General Certification to any person as either a deputy sheriff, a detention officer, or telecommunicator who has previously served as an elected or appointed sheriff for a minimum of eight years, if the person:

(1) applies to the Commission within one year of ceasing to serve as an elected or appointed sheriff; and

(2) left the office of sheriff in good standing.

(b) The Division shall issue a General Certification to any person as either a deputy sheriff, a detention officer, or telecommunicator who has previously served as an elected or appointed sheriff, if the person:

(1) applies to the Commission within one year of ceasing to serve as an elected or appointed sheriff;

(2) held a General Certification as deputy sheriff, detention officer, or telecommunicator with the North Carolina Sheriffs' Education and Training Standards Commission or has held a General Certification as a sworn officer with the North Carolina Criminal Justice Commission, with a break in service not to exceed one year prior to serving as an elected or appointed sheriff; and

(3) left the office of sheriff in good standing.

(c) In order for an officer to be certified under this Rule, the employing agency shall:

(1) comply with the Report of Appointment form requirement of Rule .0403 of this Section;

(2) submit to the Division, a copy of the Oath of Office for applicants requesting certification as a deputy sheriff; and

(3) submit to the Division verification that the applicant meets the requirement of this Rule .0407(a)(2).

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1991
  • Amended Eff. January 1, 1996
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2025; July 1, 2020.
12 NCAC 10B .0408 Verification of Records to Division {#sec-12-ncac-10b-.0408 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0408}

(a) Before the Division will issue certification of a justice officer, the employing agency shall submit to the Division the following documents:

(1) the Report of Appointment (F-4);

(2) a copy of the applicant's Oath of Office, if applying for certification as a deputy sheriff;

(3) documentation of the applicant's compliance with the probationary certification requirements pursuant to Rule .0403(f) of this Section by submitting the applicant's Firearms Qualification Record, Form F-9A, if the applicant is a deputy sheriff or a detention officer and is authorized by the sheriff to carry a firearm;

(4) the results of the fingerprint criminal history records check of the applicant pursuant to Rule .0303 of this Subchapter;

(5) the applicant's processed Administrative Office of the Courts' AOC-CR-280 form as set forth in Rule .0305 of this Subchapter;

(6) the applicant's Release Authorization as set forth in Rule .0305 of this Subchapter;

(7) copies of court documentation and final disposition from the Clerk of Court in the county of adjudication of all criminal offenses for which the applicant was charged, arrested, pleads no contest, pleads guilty, or of which the applicant was found guilty. This shall include traffic offenses identified as a class B misdemeanor as defined in Rule .0103(17)(b) of this Subchapter and offenses of driving under the influence (DUI) or driving while impaired (DWI);

(8) a notarized written statement from the applicant providing a description of the circumstances surrounding all criminal offenses identified pursuant to Subparagraph (7) of this Paragraph; and

(9) the applicant's Personal History Statement (F-3) if the applicant reports any charges as referenced in Subparagraph (7) of this Paragraph or any expunged charges pursuant to Subparagraph (5) of this Paragraph.

(b) Compliance with this Rule is waived, with the exception of the requirements of Subparagraphs (a)(1), (2), and (3) of this Rule for officers applying for dual certification as defined in Rule .0103(9) of this Subchapter provided that:

(1) the officer holds a valid certification issued by this Commission as either a deputy sheriff, detention officer, or telecommunicator, with the employing agency requesting dual certification; and

(2) the officer has continuously been employed as a justice officer with the agency.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Recodified from 12 NCAC 10B .0407 Eff. January 1, 1991
  • Amended Eff. January 1, 1996; January 1, 1994; January 1, 1993; January 1, 1992
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. August 1, 2002; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. February 1, 2025; September 1, 2024; February 1, 2024; December 1, 2023; April 1, 2023; February 1, 2023; January 1, 2023.
12 NCAC 10B .0409 Employing Agency Retention of Records {#sec-12-ncac-10b-.0409 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0409}

(a) In addition to the records required to be submitted to the Division pursuant to Rule .0408 of this Section, the employing agency shall maintain original documentation of the following records:

(1) documentation consisting of diplomas, school transcripts, or certificates from the educational institution attended by the applicant confirming the applicant's compliance with the educational requirement pursuant to Rule .0302 of this Subchapter;

(2) the applicant's Medical History Statement (F-1) pursuant to Rule .0304 of this Subchapter;

(3) the applicant's Medical Examination Report (F-2) pursuant to Rule .0304 of this Subchapter;

(4) the applicant's unredacted psychological screening examination as required by G.S. 17E-7;

(5) the applicant's notarized Personal History Statement (F-3) pursuant to Rule .0305 of this Subchapter;

(6) documentation of the applicant's negative results on a drug screen pursuant to Rule .0410 of this Section; and

(7) the Mandated Background Investigation Form (F-8) with all accompanying documentation as set out in Rule .0305 of this Subchapter.

(b) The records required by Paragraph (a) of this Rule shall be available for examination at any time by representatives of the Division for the purpose of verifying compliance with the rules of this Subchapter.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Recodified from 12 NCAC 10B .0408 Eff. January 1, 1991
  • Amended Eff. January 1, 1996; January 1, 1994; January 1, 1993; January 1, 1991
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. August 1, 2002; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. February 1, 2025; December 1, 2023.
12 NCAC 10B .0410 Agency Reporting of Drug Screening Results {#sec-12-ncac-10b-.0410 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0410}

(a) Every justice officer shall produce a negative result on a drug screen administered according to the following specifications:

(1) the drug screen shall be a urine test consisting of an initial screening test using an immunoassay method and a confirmatory test on an initial positive result using a gas chromatography/mass spectrometry (GC/MS) or other initial and confirmatory tests authorized or mandated by the Department of Health and Human Services for Federal Workplace Drug Testing Programs;

(2) a chain of custody shall be maintained on the specimen from collection to the eventual discarding of the specimen. If the specimen is handled only by a medical professional or a third party provider the laboratory utilize federally mandated chain of custody procedures, then the agency does not need an inter-agency chain of custody procedure. If agency staff will be handling the urine specimen at any point, then agency staff shall document the collection, storage, and processing of the specimen for testing purposes.

(3) the drug screen shall test for the presence of at least cannabis, cocaine, phencyclidine (PCP), opiates, and amphetamines or their metabolites;

(4) the test threshold values meet the requirements established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs, as found in 82 FR 7920 (2017) incorporated by reference, including later amendments and editions found at no cost at https://www.federalregister.gov/documents/2017/01/23/2017-00979/mandatory-guidelines-for-federal-workplace-drug-testing-programs;

(5) the test conducted shall be not more than 60 days old, calculated from the time when the laboratory reports the results to the date of employment; and

(6) the laboratory conducting the test shall be certified for federal workplace drug testing programs and shall adhere to applicable federal rules, regulations, and guidelines pertaining to the handling, testing, storage, and preservation of samples.

(b) Each agency that is required to report individuals to the Commission for certification, or that voluntarily reports telecommunicators to the Commission for certification, shall report in writing to the Division all refusals and all positive results of required drug screening obtained from applicants and lateral transfers. If the positive result has been explained by the applicant or lateral transfer to the satisfaction of the agency's Medical Review Officer, who shall be a licensed physician, the positive results are not required to be reported.

(c) Each agency that is required to report individuals to the Commission for certification, or that voluntarily reports telecommunicators to the Commission for certification, if it conducts a drug screen for in-service officers, shall report in writing positive results or refusals to submit to an in-service drug screening to the Division within 30 days of the positive result or refusal, unless the officer has explained the positive result to the satisfaction of the agency's Medical Review Officer, who shall be a licensed physician to the extent the drug screen conducted conforms to the specifications of this Rule.

(d) For reporting purposes, a result is considered "positive" only in the cases where the drug screen reveals the presence of an illegal drug at a level equal to or greater than the threshold value as established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs and adopted by reference in this Rule.

(e) For reporting purposes, a result is considered "negative" only in those cases where the drug screen reveals the presence of an illegal drug at a level less than the threshold value as established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs and incorporated by reference in this Rule.

(f) All written reports required to be submitted to the Division by this Rule shall contain the individual's name, date of birth, either the date the test was administered or the date of the refusal, and a copy of the drug screen panel with the results of the medical officer review.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. July 1, 1990
  • Recodified from 12 NCAC 10B .0409 Eff. January 1, 1991
  • Amended Eff. January 1, 2013
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. January 1, 2023.
12 NCAC 10B .0411 In-State Lateral Transfer of a Deputy Sheriff {#sec-12-ncac-10b-.0411 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0411}

(a) A North Carolina law enforcement officer is eligible to transfer their certification from one law enforcement agency to another law enforcement agency and be certified as a deputy sheriff if the officer:

(1) has completed basic law enforcement training and holds general or probationary certification from the Commission or the Criminal Justice Education and Training Standards Commission; and

(2) has not had more than a 12-month consecutive break in service immediately preceding the current application.

(b) Prior to certification being transferred per this rule, the sheriff's office considering the applicant for employment as a deputy sheriff shall complete the following tasks and submit a Lateral Report of Appointment, Form F-4A, to the Division reporting that the employing agency has completed these tasks and provided the requested documents:

(1) obtained and forwarded the applicant's fingerprints to the North Carolina State Bureau of Investigation, in compliance with the requirements set forth in Rule .0303 of this Subchapter, reviewed the results of the criminal history record check provided as a result, and provided a copy of the results to the Division;

(2) completed the AOC-CR-280 Law Enforcement Application for Verification of Expunction form and provided the results to the Division;

(3) submitted to the Division a certified copy of the applicant's oath of office;

(4) obtained a signed and notarized Authorization for Release of Information from the applicant, pursuant to Rule .0305 of this Subchapter, forwarded the Authorization for Release of Information to the Division, and reviewed the following documents of the applicant maintained by or on behalf of any North Carolina law enforcement agency where the applicant was employed for any part of the five year period preceding the current application:

(A) the personnel file including confidential information as defined by G.S. 153A-98, G.S. 160A-168, and G.S. 126-24;

(B) Report of Separation, Form F-5, if the applicant has separated;

(C) Background Investigation, Form F-8; and

(D) any internal investigations.

(5) verified that the applicant:

(A) has not had more than a 12-month consecutive break in service immediately preceding the current application;

(B) has completed all mandatory in-service training for the preceding calendar year;

(C) has not been charged with or been convicted of criminal offenses that would prohibit certification pursuant to the Rule of this Subchapter;

(D) has not been the subject of any internal investigation within the last 18 months that contains allegations of a potential violation of the Rules of this Subchapter; and

(E) has qualified with the assigned duty weapon which has been recorded on the Firearm Qualification Record, Form F-9A, and satisfactorily completed the sheriff's office's in-service firearms training program, as prescribed in Rules .2103 and .2104 of this Subchapter. The Firearm Qualification Record shall be submitted to the Division with the Lateral Report of Appointment.

(c) Form F-4A, Lateral Report of Appointment, is completed by the employing agency in which the agency verifies that is has completed the items required in Paragraph (b) of this rule.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. July 1, 2025.
12 NCAC 10B .0412 Department HEAD RESPONSIBILITIES: CRITICAL INCIDENT REPORTING {#sec-12-ncac-10b-.0412 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0412}

(a) For all law enforcement agencies in the State that employ personnel certified by the North Criminal Sheriffs' Education and Training Standards Commission, the Department Head shall submit the Critical Incident Report, Form F-27, to the Sheriff's Standards Division no later than 30 days after making the determination that an incident involving any use of force by a law enforcement officer that resulted in death or serious bodily injury to a person has occurred. The Critical Incident Report (F-27) shall contain the following:

(1) date and time of incident;

(2) location of incident;

(3) officer involved; and

(4) whether the incident involved serious bodily injury or death

(5) notice that the officer has 30 days after receipt to request a hearing in superior court for a determination of whether the officer's involvement was properly placed in the database described in Paragraph (d) of this Rule, and that if a copy of that filing is not provided to the Division within the 30 days, the officer's name will be placed in the database.

(b) Information contained in the submitted Critical Incident Report, (F-27), that is confidential under state or federal law shall remain confidential.

(d) The Division shall develop and maintain a statewide database for use by law enforcement agencies that tracks all critical incident data in North Carolina that is reported to the Division.

History

  • Authority G.S. 17E-15
  • Adoption Eff. December 1, 2025.
12 NCAC 10B .0501 Purpose {#sec-12-ncac-10b-.0501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0501}

History

  • Status: expired
  • Authority G.S. 17E-4(a)
  • Eff. January 1, 1989
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Expired Eff. September 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 10B .0502 Basic Law Enforcement Training Course for Deputies {#sec-12-ncac-10b-.0502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0502}

(a) The basic training course for deputy sheriffs shall consist of instruction designed to provide the trainee with the skills and knowledge to perform those tasks essential to function in law enforcement.

(b) The "Basic Law Enforcement Training Manual" as published by the North Carolina Justice Academy shall be used as the curriculum for this Basic Law Enforcement Training Course. Copies of this manual may be obtained from the North Carolina Justice Academy, Post Office Box 99, Salemburg, North Carolina 28385-0099. The cost of the manual shall be determined by the Justice Academy based upon the current cost of manufacture and shipping.

(c) The rules governing Minimum Standards for Completion of Training, codified as 12 NCAC 09B .0400 and adopted by the North Carolina Criminal Justice Education and Training Standards Commission, are hereby incorporated by reference, and shall include any later amendments and editions of the incorporated matter to apply to actions of the North Carolina Sheriffs' Education and Training Standards Commission. Copies of the incorporated materials may be obtained at no cost from the Criminal Justice Standards Division, North Carolina Department of Justice, 1700 Tryon Park Drive, Raleigh, North Carolina 27602.

History

  • Authority G.S. 17E-4(a)
  • Eff. January 1, 1989
  • Amended Eff. February 1, 2014; August 1, 2011; January 1, 2010; January 1, 2006; August 1, 2000; January 1, 1996; January 1, 1995; February 1, 1991; January 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. March 1, 2026.
12 NCAC 10B .0503 TIME REQ/COMPLETION/BASIC LAW ENFORCEMENT TRAINING COURSE (effective until june 30, 2024) {#sec-12-ncac-10b-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0503}

(a) Each deputy sheriff holding temporary or probationary certification shall complete a Commission-certified basic training course pursuant to 12 NCAC 09B .0405, within one year from the date of his or her Oath of Office. Any deputy sheriff who does not comply with this Rule or other training provisions of this Chapter shall not exercise the powers of a deputy sheriff, including the power of arrest. If, however, an officer has enrolled in a Commission-certified basic law enforcement training program that concludes later than the end of the officer's probationary period, the Commission may extend the probationary period for a period not to exceed 12 months. In determining whether to grant an extension, the Commission shall consider the circumstances that created the need for the extension.

(b) Any person who has completed a Commission-certified basic law enforcement training program, but has not been duly appointed and certified in a sworn law enforcement position within one year of completion of the course, shall complete a subsequent Commission-certified basic recruit training program and pass the State Comprehensive Examination within the 12 month probationary period. The Director shall waive this requirement and accept a course that was completed outside of the one year time period as set forth in Paragraph (a) of this Rule unless he or she determines that a delay in applying for certification was due to negligence on the part of the applicant or employing agency. The extension of the one year period shall not exceed 30 days from the expiration date of a commission-certified basic training program.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2006; January 1, 1996; January 1, 1994; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. June 1, 2019.
12 NCAC 10B .0503 TIME REQ/COMPLETION/BASIC LAW ENFORCEMENT TRAINING COURSE (effective july 1, 2024) {#sec-12-ncac-10b-.0503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0503}

(a) Each deputy sheriff shall have completed with passing scores the accredited basic training course as prescribed in 12 NCAC 09B .0205 prior to obtaining probationary certification. Any deputy sheriff who does not comply with this Rule or other training provisions of this Chapter shall not exercise the powers of a deputy sheriff, including the power of arrest.

(b) Any applicant for certification who has completed a Commission-certified basic law enforcement training program, but has not been duly appointed and certified in a sworn law enforcement position within one year of completion of the course, shall complete a subsequent Commission-certified basic law enforcement training program and pass the State Comprehensive Examination pursuant to 12 NCAC 09B .0406 within the 12 month probationary period. The Director shall waive this requirement to complete a subsequent Commission-certified basic law enforcement training program and pass the State Comprehensive Examination and accept a basic law enforcement training program and pass the State Comprehensive Examination that was completed outside of the one year time period as set forth in this Rule unless he or she determines that a delay in applying for certification was due to negligence on the part of the applicant or employing agency. The extension of the one year period shall not exceed 30 days from the expiration date of the commission-certified basic law enforcement training program completed by the applicant.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2006; January 1, 1996; January 1, 1994; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. July 1, 2024; June 1, 2019.
12 NCAC 10B .0504 Waiver of Completion of Training {#sec-12-ncac-10b-.0504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0504}

(a) The Commission shall waive a deputy sheriff's completion of the Commission-certified law enforcement training course upon receiving documentary evidence from the employing agency that the deputy has satisfactorily completed equivalent training. All such deputies, however, shall serve a one year period of probation.

(b) Training received in states with laws governing or regulating law enforcement training shall, if subject to such review, have been approved or certified by the appropriate agency of the state in which the training was received.

(c) The Commission shall prescribe as a condition of certification, supplementary or remedial training deemed necessary to equate previous training with current standards.

(d) The Commission may require satisfactory performance on a written examination as proof of equivalent training; however, such examination is in addition to the required equivalent training and not in lieu of said training.

(e) In considering whether a deputy sheriff's prior service in a sworn law enforcement position is creditable service, the individual must have been duly appointed and certified or licensed in a sworn law enforcement position as defined in 12 NCAC 10B .0103(19).

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2023.
12 NCAC 10B .0505 Evaluation for Training Waiver {#sec-12-ncac-10b-.0505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0505}

This Rule shall be used by Division staff in evaluating an applicant's training and experience to determine eligibility for a waiver of training as set forth in Rule .0504(a) of this Section.

(1) Persons who separated from a sworn law enforcement position during their probationary period after having completed a Commission-accredited Basic Law Enforcement Training Course as set forth in 12 NCAC 09B .0205 and who have been separated from a sworn law enforcement position for one year or less shall serve the remainder of the initial certification probationary period in accordance with G.S. 17E-7(b), but shall not be required to complete an additional training program.

(2) Persons who separated from a sworn law enforcement position during their probationary period without having completed Basic Law Enforcement Training, or whose certification was suspended pursuant to Rule .0204(b)(1) of this Subchapter, and who have remained separated or suspended for over one year shall:

(a) complete a Commission-accredited Basic Law Enforcement Training Course as set forth in 12 NCAC 09B .0205 in its entirety;

(b) pass the state comprehensive examination as set forth in 12 NCAC 09B .0406; and

(c) complete a 12 month certification probationary period which begins on the date he or she takes the Oath of Office.

(3) Unless a waiver has been granted pursuant to Rule .1901 of this Subchapter, persons who have any training and experience as a military law enforcement officer and are appointed as a deputy sheriff in North Carolina shall, within one year of the date of his or her Oath of Office complete:

(a) a Commission-accredited Basic Law Enforcement Training Course as set forth in 12 NCAC 09B .0205 in its entirety regardless of previous military training and experience; and

(b) pass the state comprehensive examination as set forth in 12 NCAC 09B .0406.

(4) Applicants who previously held certification with the Commission or the North Carolina Criminal Justice Education and Training Standards Commission out-of-state transferees; and federal transferees who meet the requirements set forth in Items (5),(6), and (7) of this Rule shall be allowed to select one of the following two options for gaining North Carolina certification as a deputy sheriff:

(a) Complete the Basic Law Enforcement Training Course as set forth in 12 NCAC 09B .0205 in its entirety during a one year certification probationary period and pass the state comprehensive examination as set forth in 12 NCAC 09B .0406; or

(b) Complete the following entry criteria:

(i) Pass the Basic Law Enforcement Training state comprehensive examination as set forth in 12 NCAC 09B .0406 delivered at the end of an ongoing Basic Law Enforcement Training Course. If the applicant fails to pass the examination, he or she may attempt to pass the examination one additional time. If the applicant fails to pass the examination on the second attempt, the applicant shall be required to complete the Basic Law Enforcement Training Course as set forth in 12 NCAC 09B .0205 in its entirety and pass the state comprehensive examination as set forth in 12 NCAC 09B .0406 during their one year certification probationary period;

(ii) Each applicant who is authorized by the employing sheriff to carry a firearm shall prior to appointment complete with passing scores the Commission's In-service Firearms Training and Qualification Program as prescribed in Rule .2104 of this Subchapter.

(iii) Each applicant shall demonstrate proficiency in the following skills related activities : First Responder; Law Enforcement Driver Training; Officer Health and Wellness; and Compliance and Control Tactics. . Successful completion of the skills related activities as set out in this Rule shall be documented by the certified instructor and submitted to the Division.

(iv) All criteria referenced in this Rule shall be successfully completed within the one-year certification probationary period as set forth in Rule .0504 of this Section.

(5) North Carolina applicants referenced in Item (4) of this Rule shall:

(a) have a minimum of two years full-time sworn law enforcement experience that occurred prior to their application;

(b) have had a break in service exceeding one year;

(c) have previously received general or grandfather, in accordance with G.S. 17C-10(a) or G.S. 17E-7(a), certification as a sworn law enforcement officer by either the Commission or the North Carolina Criminal Justice Education and Training Standards Commission, and such certification has not been denied, revoked, or suspended by either Commission; and

(d) have held general powers of arrest.

(6) Out-of-state transferees referenced in Item (4) of this Rule shall:

(a) have a minimum of two years full-time sworn law enforcement experience that occurred prior to their application. An applicant's attendance at his or her basic law enforcement training course shall not count towards the two years full-time sworn law enforcement experience;

(b) have held certification as a sworn law enforcement officer from the appropriate peace officer's standards and training entity in the transferee's respective state and such certification has not been denied, revoked, or suspended;

(c) have had general powers of arrest; and

(d) submit documentation verifying their qualified status.

(7) Federal Transferees referenced in Item (4) of this Rule shall:

(a) have a minimum of two years full-time sworn law enforcement experience;

(b) have held certification or commissioning as a sworn law enforcement officer from the appropriate federal entity authorized to issue such sworn law enforcement officers certification or commission, and such certification or commission has not been denied, revoked, or suspended.

(c) have held general powers of arrest; and

(d) submit documentation verifying their qualified status.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2005; August 1, 2002; August 1, 2000; August 1, 1998; February 1, 1998; January 1, 1996; January 1, 1994; January 1, 1993; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. July 1, 2025; January 1, 2019.
12 NCAC 10B .0506 Trainee Attendance {#sec-12-ncac-10b-.0506 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0506}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1992
  • Repealed Eff. August 1, 2000.
12 NCAC 10B .0507 completion of the basic law enforcement training course {#sec-12-ncac-10b-.0507 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0507}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1992
  • Repealed Eff. August 1, 2000.
12 NCAC 10B .0508 comp written exam—basic law enforcement training course {#sec-12-ncac-10b-.0508 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0508}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1992
  • Repealed Eff. August 1, 2000.
12 NCAC 10B .0509 satisfaction of minimum training requirements {#sec-12-ncac-10b-.0509 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0509}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1992
  • Repealed Eff. August 1, 2000.
12 NCAC 10B .0510 Certification and Training for School Resource Officers {#sec-12-ncac-10b-.0510 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0510}

(a) A "School Resource Officer (SRO)" is defined as any law enforcement officer assigned to one or more public schools within a local school administrative unit, as defined in G.S. 115C-5(6), who works in a school at least 20 hours per week for more than 12 weeks per calendar year to assist with all of the following:

(1) School safety;

(2) School security;

(3) Emergency preparedness;

(4) Emergency response; and

(5) Any additional responsibilities related to school safety or security assigned by the officer's employer while the officer is acting as a School Resource Officer.

Any written memorandum of understanding between the local school administrative unit and the law enforcement agency governing the School Resource Officer shall be consistent with this Paragraph.

(b) Deputy Sheriffs assigned by their agency to perform duties as a School Resource Officer shall:

(1) have been issued general certification by the North Carolina Sheriffs' Education and Training Standards Commission as a Deputy Sheriff; and

(2) have until December 31, 2020 to complete the basic School Resource Officer Training Course if they are acting in the capacity of a School Resource Officer between January 1, 2019 and December 31, 2019. Any officer assigned as a School Resource Officer effective January 1, 2020 or later shall complete the basic School Resource Officer Training Course pursuant to Paragraph (g) of this Rule, within one year after being assigned as a School Resource Officer. Deputy Sheriffs who previously completed the training pursuant to Paragraph (f) of this Rule at any time and who have been continually assigned as an SRO pursuant to Paragraph (a) of this Rule shall be credited with completion of the basic School Resource Officer Training Course. Deputy Sheriffs who completed the training pursuant to Paragraph (g) of this Rule between October 1, 2018 and December 31, 2020 shall be credited with completion of the basic School Resource Officer Training Course even if they were not assigned as an SRO pursuant to Paragraph (a) of this Rule as long as they comply with the annual SRO refresher training pursuant to Paragraph (e) of this Rule.

(c) A Deputy Sheriff assigned to one or more public schools within a local school administrative unit, who works in a school at least 20 hours per week for more than 12 weeks per calendar year and who has not completed the initial training as established by Paragraph (g) of this Rule shall not work in a school as a School Resource Officer until the officer has completed the initial training as established by Paragraph (g) of this Rule.

(d) The agency head shall submit to the Sheriffs' Standards Division a Form F-20 Commission School Resource Officer Assignment Form for the person(s) selected to act as a School Resource Officer for the agency. The Form F-20 is located on the agency's website: https://ncdoj.gov and must be completed in its entirety. The Form F-20 Commission School Resource Officer Assignment Form consists of the following:

(1) applicant's name;

(2) date of birth;

(3) social security number;

(4) name of agency and address;

(5) date awarded general certification;

(6) completion date of School Resource Officer training; and

(7) date assigned as a School Resource Officer.

(e) The term of certification as a School Resource Officer shall be indefinite, provided the School Resource Officer completes during each calendar year one credit of School Resource Officer refresher training authored by North Carolina Justice Academy. For School Resource Officers who complete the basic SRO training requirement in 2020 or earlier, this requirement becomes effective January 1, 2021. Otherwise, this requirement becomes effective the year following the officer's successful completion of the basic School Resource Officer Training Course. A certified School Resource Officer who has not completed the refresher training during a calendar year as established by this Rule shall not work in a school as a School Resource Officer until the officer has completed the required refresher training as established by this Rule. Any refresher training that is not completed during a single calendar year must be made up on or before January 31st of the following calendar year. Any officer who fails to resolve a deficiency in the refresher training shall no longer maintain School Resource Officer certification.

(f) Instructors who teach a basic SRO course in an in-person, traditional classroom format will receive credit toward the completion of the basic SRO course requirement as required by this Rule, provided they pass all tests required by the SRO Training Manual authored by the North Carolina Justice Academy. Instructors shall have their instruction documented by the Agency Head or In-Service Training Coordinator once completed.

(g) The School Resource Officer training course for Deputy Sheriffs shall provide the trainee with the skills and knowledge to perform in the capacity of a School Resource Officer. The basic School Resource Officer Training Course authored by the North Carolina Justice Academy shall be used as the curriculum for this training course. Copies of this publication may be inspected at the agency:

and may be obtained at the cost of printing and postage from the North Carolina Justice Academy at the following address:

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2019
  • Amended Eff. August 1, 2021; January 1, 2020.
12 NCAC 10B .0601 Detention Officer Certification Course {#sec-12-ncac-10b-.0601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0601}

(a) The detention officer certification training program shall consist of the 182-hour Detention Officer Certification Course developed by the North Carolina Justice Academy and approved by the Commission to ensure compliance with Paragraph (b) of this Rule.

(b) Each Detention Officer Certification Course shall include the following identified topic areas and minimum instructional hours for each area:

(1) LEGAL UNIT

(A) Orientation 3 hours

(B) Criminal Justice Systems 2 hours

(C) Legal Aspects of Management and Supervision 14 hours

(D) Introduction to Rules and Regulations 2 hours

(E) Ethics 3 hours

UNIT TOTAL 24 Hours

(2) PHYSICAL UNIT

(A) Contraband/Searches 6 hours

(B) Patrol and Security 5 hours

(C) Key and Tool Control 2 hours

(D) Investigative Process 8 hours

(E) Transportation of Inmates 7 hours

(F) Prison Rape Elimination Act 2 hours

UNIT TOTAL 30 Hours

(3) PRACTICAL APPLICATION UNIT

(A) Processing Inmates 8 hours

(B) Supervision and Management of Inmates 5 hours

(C) Suicides and Crisis Management 5 hours

(D) Aspects of Mental Illness 6 hours

(E) Fire Emergencies 4 hours

(F) Notetaking and Report Writing 6 hours

(G) Communication Skills 5 hours

UNIT TOTAL 39 hours

(4) MEDICAL UNIT

(A) First Aid and CPR 8 hours

(B) Medical Care 6 hours

(C) Stress 3 hours

(D) Compliance and Control Tactics 40 hours

(E) Physical Fitness for Detention Officers 22 hours

UNIT TOTAL 79 hours

(5) REVIEW AND TESTING 7 hours

(6) STATE EXAM 3 hours

TOTAL HOURS 182 HOURS

(c) No Detention Officer Certification Course shall be offered by any agency or institution without first complying with the requirements set forth in Rules .0704 and .0802 of this Subchapter. Any agency or institution desiring to offer the Detention Officer Certification Course shall file a Pre-Delivery Report, Form F-7A, with the Division.

History

  • Authority G.S. 17E-4(a)
  • Eff. January 1, 1989
  • Amended Eff. August 1, 2016; February 1, 2014; August 1, 2011; October 1, 2009; January 1, 2006; August 2, 2002; August 1, 2000; August 1, 1998; February 1, 1998; January 1, 1996; June 1, 1992; January 1, 1992; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. June 1, 2026; July 1, 2025.
12 NCAC 10B .0602 Time Req/Completion//Detention Officer Cert Training Course {#sec-12-ncac-10b-.0602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0602}

(a) Each individual employed by a sheriff's office or a district confinement facility as a detention officer holding probationary certification shall satisfactorily complete a commission-accredited detention officer training course. The individual shall complete such course within one year from the date of his original appointment as a detention officer as determined by the date of the probationary certification. Any individual employed as a detention officer who does not comply with this Rule or other training provisions of this Chapter shall not be authorized to exercise the powers of a detention officer. If, however, an individual has enrolled in a commission-accredited detention officer course that concludes later than the end of the individual's probationary period, the Commission may extend the probationary period for a period not to exceed six months.

(b) Persons having completed a commission-accredited detention officer training course and not having been duly appointed and certified as a detention officer within one year of completion of the course shall complete a subsequent commission-accredited detention officer training course in its entirety and pass the State Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC 10B .0602(a), unless the Director determines that a delay in applying for certification was due to simple negligence on the part of the applicant or employing agency, in which case the Director may accept the commission-accredited detention officer training program which is over one year old. Such extension of the one year period shall not exceed 30 days from the expiration date of a commission-accredited detention officer training program.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. February 1, 1998; January 1, 1996; January 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0603 Evaluation for Training Waiver {#sec-12-ncac-10b-.0603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0603}

(a) Applicants for detention officer certification with prior detention or correctional officer experience who have been employed and certified as a detention or correctional officer may seek a training waiver evaluation pursuant to this Section.

(b) The Division shall use the following to evaluate a detention officer's training and experience to grant a training waiver:

(1) Persons who separated from a detention officer position during the probationary period after completion of a commission-certified Detention Officer Certification Course and who have been separated from a detention officer position for more than one year shall complete a subsequent commission-certified Detention Officer Certification Course in its entirety and pass the State Comprehensive Examination within the 12 month probationary period as set forth in Rule .0602(a) of this Section.

(2) Persons who separated from a detention officer position during their probationary period after completion of a commission-certified Detention Officer Certification Course and who have been separated from a detention officer position for one year or less shall serve the remainder of the initial probationary period in accordance with G.S. 17E-7(b), but need not complete an additional training program.

(3) Persons who separated from a detention officer position during the probationary period without completion of a commission-certified Detention Officer Certification Course, or whose certification was suspended pursuant to Rule .0204(b)(1) of this Subchapter and who have remained separated or suspended for over one year shall complete a commission-certified Detention Officer Certification Course in its entirety and pass the State Comprehensive Examination, and shall be allowed a 12 month probationary period as prescribed in Rule .0602(a) of this Section.

(4) Persons holding General Justice Officer Certification as a detention officer pursuant to Rule .0404 of this Subchapter who completed a commission-certified Detention Officer Certification Course and who separated from a detention officer position for more than one year shall complete a subsequent commission-certified Detention Officer Certification Course in its entirety and pass the State Comprehensive Examination within the 12 month probationary period as prescribed in Rule .0602(a) of this Section.

(5) Persons holding Grandfather Detention Officer Certification pursuant to G.S. 17E-7(a), who separate from a detention officer position and remain separated from a detention officer position for more than one year shall complete a commission-certified Detention Officer Certification Course in its entirety and pass the State Comprehensive Examination within the 12 month probationary period as prescribed in Rule .0602(a) of this Section.

(6) Persons transferring to a sheriff's office from another law enforcement agency who hold a detention officer certification issued by the North Carolina Criminal Justice Education and Training Standards Commission are subject to evaluation of their prior training and experience on an individual basis. The Division shall review the training received against the training required by Rule .0601 of this Section and determine whether that training is comparable to the requirements set out in Rule .0601 based upon topics covered and determine what additional training, if any, is required under Rule .0601.

(c) The Division shall grant a training waiver to individuals that:

(1) hold general certification as a correctional officer from the North Carolina Criminal Justice Education and Training Standards Commission under 12 NCAC 09G .0304;

(2) completed training as a correctional officer between January 1, 1981 and August 1, 2002;

(3) are an applicant for justice officer certification as a detention officer through a sheriff's office or a district confinement facility; and

(4) do not have a break in service exceeding one year from the time of last employment as a correctional officer to the time of being appointed as a detention officer.

Applicants that are granted a training waiver under this section shall serve a 12-month probationary period as set forth in Rule .0602(a) of this Section. During this probationary period, they must take and successfully complete the State Comprehensive Examination in its entirety as set forth in Rule .0606 of this Section after completing the following topic areas in a commission-certified Detention Officer Certification Course:

Orientation 3 hours

Legal Aspects of Management & Supervision 14 hours

Medical Care in the Jail 6 hours

Investigative Process in the Jail 8 hours

Criminal Justice System 2 hours

Introduction to Rules and Regulations Governing Jails 2 hours

Compliance and Control Tactics 40 hours

TOTAL HOURS 75 hours

(d) The Division shall grant a training waiver to individuals that:

(1) hold general certification as a correctional officer issued by the North Carolina Criminal Justice Education and Training Standards Commission under 12 NCAC 09G .0304;

(2) have completed training as a correctional officer after August 1, 2002;

(3) are applicants for detention officer certification through a sheriff's office or a district confinement facility; and

(4) do not have a break in service exceeding one year from the time of last employment as a correctional officer to the time of being appointed as a detention officer.

Detention officers that are granted a training waiver under this section shall serve a 12-month probationary period as set forth in Rule .0602(a) of this Section and provide the record of completion of the Basic Correctional Officer Training Course as defined in 12 NCAC 09G .0411. The Division shall review the course curriculum of the correctional officer training received against the training required by Rule .0601 of this Section and determine whether that training is comparable to the requirements set out in Rule .0601 of this Section. Based upon topics covered in the basic correctional officer training course, the Division shall determine if additional training is required to ensure the applicant has received training comparable to that specified in Rule .0601 of this Section. The Division shall notify the employing agency of the resulting training requirements, if any, and the officer shall take and successfully complete the State Comprehensive Examination as set forth in Rule .0606 of this Section in its entirety during the probationary period after completing any training as determined to be necessary by the training evaluation referenced in this section, in a commission-certified Detention Officer Certification Course.

(e) Applicants for detention officer certification who hold probationary justice officer certification as a deputy pursuant to Rule .0402 of this Subchapter or general justice officer certification as a deputy pursuant to Rule .0404 of this Subchapter, with the North Carolina Sheriffs' Education and Training Standards Commission, or a law enforcement officer that has probationary law enforcement officer certification, pursuant to 12 NCAC 09C .0303 or general law enforcement officer certification, pursuant to 12 NCAC 09C .0304, issued by the Criminal Justice Education and Training Standards Commission, shall be granted a training waiver pursuant to this Section provided the individual:

(1) has successfully completed the NC Basic Law Enforcement Training Course as outlined in 12 NCAC 09B .0205;

(2) has had no break in service as a deputy sheriff or law enforcement officer exceeding one year;

(3) serves a 12-month probationary period as a detention officer, as set forth in Rule .0602(a) of this Section; and

(4) takes and successfully completes the State Comprehensive Examination for the Detention Officer Certification Course in its entirety as set forth in Rule .0606 of this Section during that probationary period after:

(A) completing the following topic areas in a full delivery of a commission-certified Detention Officer Certification Course:

Course Orientation 3 hours

Ethics 3 hours

Fire Emergencies 4 hours

Aspects of Mental Illness 6 hours

Review and Testing 7 hours

Legal Aspects of Management and Supervision 14 hours

Contraband/Searches 6 hours

Medical Care in the Jail 6 hours

Patrol and Security Function of the Jail 5 hours

Key and Tool Control 2 hours

Supervision and Management of Inmates 5 hours

Suicides and Crisis Management 5 hours

Introduction to Rules and Regulations 2 hours

Stress 3 hours

Prison Rape Elimination Act 2 hours

TOTAL HOURS 73 hours

or

(B) completing a commission certified truncated delivery of the Detention Officer Certification Course that covers the following topic areas:

Course Orientation 3 hours

Ethics 3 hours

Fire Emergencies 4 hours

Aspects of Mental Illness 6 hours

Review and Testing 7 hours

Legal Aspects of Management and Supervision 14 hours

Contraband/Searches 6 hours

Medical Care in the Jail 6 hours

Patrol and Security Function of the Jail 5 hours

Key and Tool Control 2 hours

Supervision and Management of Inmates 5 hours

Suicides and Crisis Management 5 hours

Introduction to Rules and Regulations 2 hours

Stress 3 hours

Prison Rape Elimination Act 2 hours

TOTAL HOURS 73 hours

(f) A truncated delivery of the Detention Officer Certification Course that only teaches blocks as specified in Paragraph (e) of this Rule is hereby authorized and shall comply with the following requirements:

(1) Each applicant shall complete form F-1, Medical History Statement, and pass the medical exam as required by Rule .0304 of this Subchapter.

(2) Each executive officer or officers of the institution or agency sponsoring a truncated Detention Officer Certification Course shall comply with the provisions of Rule .0703 of this Subchapter except for Part .0703(c)(3)(D).

(3) Each school director shall submit to the Commission a Pre-Delivery Report of Training Course Presentation (Form F-7A) in compliance with Rule .0704(6) of this Subchapter.

(4) Each school director shall not more than 10 days after receiving from the Commission's representative the Report of Examination Scores, submit to the Commission a Post-Delivery Report of Training Course Presentation (Form 7-B) in compliance with Rule .0704(13) of this Subchapter.

(5) The delivering institution or agency must be certified to deliver the Detention Officer Certification Course under Rule .0802 of this Subchapter.

(6) Each presentation of the truncated Detention Officer Certification Course shall be reported to the Commission in compliance with Rule .0803 of this Subchapter.

(7) All instructors, school directors, executive officers, or lecturers involved in teaching and administering a truncated Detention Officer Certification Course shall hold the same certifications and qualifications required of instructors, school directors, executive officers, or lecturers in the full Detention Officer Certification Course.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. February 1, 2014; August 1, 2011; January 1, 2006; August 1, 2002; August 1, 1998; February 1, 1998; January 1, 1996; January 1, 1993; January 1, 1992; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. June 1, 2026; February 1, 2024; December 1, 2023; December 1, 2022.
12 NCAC 10B .0604 Trainee Attendance {#sec-12-ncac-10b-.0604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0604}

(a) Each trainee enrolled in any accredited Detention Officer Certification Course shall attend all required class sessions pursuant to Rules .0601 and .0603 of this Subchapter.

(b) The school director may recognize valid reasons for class absences and may excuse a trainee from attendance at class sessions. Valid reasons to excuse attendance are instances of illness, accident, or emergency pursuant to .0605(a)(1) of this Subchapter. However, in no case may excused absences exceed 10 percent of the total required class hours for the course offering pursuant to Rules .0601 and .0603 of this Subchapter.

(c) If the school director grants an excused absence from a class session, he shall schedule make-up of the excused class session with a Commission certified instructor pursuant to 12 NCAC 10B .0704 and ensure the satisfactory completion of such class sessions during the current course presentation or in a subsequent course delivery as is permissible under 12 NCAC 10B .0605.

(d) A trainee shall not be eligible for administration of the State Comprehensive Examination pursuant to Rule .0606 of this Subchapter nor certification for successful course completion if the cumulative total of class absences, with accepted make-up class sessions as set out in Paragraph (c) of this Rule, exceeds 10 percent of the total required class hours of the accredited course offering pursuant to Rules .0601 and .0603 of this Subchapter and shall be terminated from further course participation by the school director at the time of such occurrence.

(e) Where a trainee is enrolled in a program as required in 12 NCAC 10B .0601, attendance shall be 100 percent in order to receive a successful course completion.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1996; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. November 1, 2023.
12 NCAC 10B .0605 Completion of Detention Officer Certification Course {#sec-12-ncac-10b-.0605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0605}

(a) Each trainee shall attend and satisfactorily complete a full course during a single scheduled delivery as set forth in Rule .0601 of this Section unless a waiver has been granted as set forth in Rule .0603 or .1901 of this Subchapter. Satisfactory completion is achieved by completion of the required topics, passing the end of block tests and passing the state examination as set out in Rule .0606 of this Section. This Rule does not prevent the instruction on local agency rules or standards; however, such instruction shall not be considered or endorsed by the Commission for purposes of certification. The Director shall issue written authorization for a specified trainee's limited enrollment in a subsequent delivery of the same course where the school director provides evidence that:

(1) The trainee attended and satisfactorily completed specified class hours and topics of the applicable Detention Officer Certification Course but through extended absence occasioned by illness, accident, or emergency was absent for more than 10 percent of the total class hours of the course offering;

(2) The trainee was granted excused absences by the school director that did not exceed 10 percent of the total class hours for the course offering and the school director could not schedule appropriate make-up work during the current course offering as specified in Rule .0604(c) of this Section; or

(3) The trainee participated in an offering of any Detention Officer Certification Course but had an identified deficiency in essential knowledge or skill in no more than three of the specified topic areas incorporated in the course content as set forth in Rule .0601(b) or .0603 of this Section.

(b) An authorization of limited enrollment in a subsequent course delivery shall not be granted by the Director unless in addition to the evidence required by Paragraph (a) of this Rule:

(1) The trainee submits a written request to the Director, justifying the limited enrollment and certifying that the trainee's participation shall be accomplished pursuant to Paragraph (c) of this Rule; and

(2) The school director of the previous school offering submits to the Director a certification of the particular topics and class hours attended and satisfactorily completed by the trainee during the original enrollment.

(c) An authorization of limited enrollment in a subsequent course delivery permits the trainee to attend an offering of any "Detention Officer Certification Course" commencing within 180 calendar days from the last date of trainee participation in prior course delivery, but only if the trainee's enrollment with current course participation can be accomplished within the period of the trainee's probationary certification.

(1) The trainee need attend and satisfactorily complete only those portions of the course which were missed or identified by the school director as areas of trainee deficiency in the initial course participation.

(2) Following authorized enrollment in the subsequent course offering, scheduled class attendance and participation with satisfactory achievement in the course as defined in Paragraph (a) of this Rule, the trainee shall be eligible for administration of the State Comprehensive Examination by the Commission.

(3) A trainee shall be enrolled as a limited enrollee in only one subsequent course offering within the 180 calendar days from the last date of trainee participation in prior course delivery. A trainee who fails to complete those limited portions of the course after one retest shall enroll in an entire delivery of the Detention Officer Certification Course.

(d) A trainee who is deficient in four or more subject-matter or topical areas at the conclusion of the course delivery shall complete an entire delivery of the Detention Officer Certification Course.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. February 1, 2014; August 1, 1998; January 1, 1996; January 1, 1993; January 1, 1992; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. November 1, 2023.
12 NCAC 10B .0606 Comp Written Exam – Detention Officer Certification Course {#sec-12-ncac-10b-.0606 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0606}

(a) At the conclusion of a school's offering of any Detention Officer Certification Course, an authorized representative of the Commission shall administer a comprehensive written examination to each trainee who has satisfactorily completed all of the required course work pursuant to Rule .0605(a) of this Subchapter. A trainee shall not be administered the comprehensive written examination until such time as all required course work is successfully completed pursuant to Rule .0605(a) of this Subchapter.

(b) The examination shall be comprised of four units as specified in 12 NCAC 10B .0601(b).

(c) The Commission's representative shall submit to the school director within 10 days of the administration of the examination a report of the results of the test for each trainee examined.

(d) A trainee shall successfully complete the comprehensive written examination upon achieving a minimum of 70 percent correct answers on each of the four units as prescribed in 12 NCAC 10B .0601(b).

(e) A trainee who has complied with Rule .0604(e) of this Subchapter in a scheduled delivery of any Detention Officer Certification Course and has demonstrated satisfactory competence in each required motor-skill or performance area of the course curriculum but has failed to achieve the minimum score of 70 percent on any of the four units of the Commission's comprehensive written examination may request the Director to authorize a re-examination of the trainee in those units for which he or she has failed to make a passing score of 70 percent as follows:

(1) A trainee's request for re-examination shall be made in writing on the Commission's form within 30 days after the original examination and shall be received by the Division before the expiration of the trainee's probationary certification as a detention officer.

(2) The trainee's request for re-examination shall include the favorable recommendation of the school director who administered the trainee's Detention Officer Certification Course.

(3) A trainee shall have only one opportunity for re-examination and shall satisfactorily complete the subsequent unit examination in its entirety within 90 days after the original examination.

(4) A trainee shall be assigned in writing by the Division a place, time, and date for re-examination.

(5) Should the trainee on re-examination not achieve the prescribed minimum score of 70 on the unit re-examination, the trainee must enroll and successfully complete the unit(s) he or she failed upon re-examination in a subsequent course offering within 180 days of the second failure before further examination may be permitted. The trainee's failure to complete the course offering within 180 days shall require the trainee to complete an entire delivery of the Detention Officer Certification Course.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. August 1, 2011; August 1, 2002; January 1, 1996; January 1, 1994; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. November 1, 2023.
12 NCAC 10B .0607 Satisfaction of Minimum Training Requirements {#sec-12-ncac-10b-.0607 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0607}

In order to satisfy the minimum training requirements for certification as a detention officer, a trainee shall:

(1) achieve a score of 70 percent correct answers on the Commission-administered comprehensive written examination; and

(2) demonstrate successful completion of an accredited offering of any Detention Officer Certification Course as shown by the certification of the school director.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1996; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. November 1, 2023.
12 NCAC 10B .0701 Purpose {#sec-12-ncac-10b-.0701 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0701}

History

  • Status: expired
  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. February 1, 1998
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Expired Eff. September 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 10B .0702 Administration of Justice Officer Schools {#sec-12-ncac-10b-.0702 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0702}

The rules covering the administration of Criminal Justice Schools and training programs or courses of instruction, codified as Title 12, Subchapter 9B, Section .0200 of the North Carolina Administrative Code, effective and previously adopted by the North Carolina Criminal Justice Education And Training Standards Commission are hereby incorporated by reference and shall automatically include any later amendments and editions of the incorporated material to apply to actions of the North Carolina Sheriffs' Education and Training Standards Commission. This Rule is not applicable to any Detention Officer Certification Course or Telecommunicator Certification Course. Copies of the incorporated materials may be obtained at no cost from the Criminal Justice Standards Division, North Carolina Department of Justice, 1700 Tryon Park Drive, Post Office Drawer 149, Raleigh, North Carolina 27692, or at http://ncdoj.gov/About-DOJ/Law-Enforcement-Training-and-Standards/Criminal-Justice-Education-and-Training-Standards/Training-Certification-Programs.aspx.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1996; January 1, 1990
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. November 1, 2013; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. November 1, 2023.
12 NCAC 10B .0703 Administration of Detention Officer Certification Course {#sec-12-ncac-10b-.0703 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0703}

(a) The executive officer or officers of the institution or agency sponsoring a Detention Officer Certification Course shall have primary responsibility for implementation of the rules in this Section and for administration of the school.

(b) The executive officers shall designate a compensated staff member who may apply to the Commission to be the school director. No more than two school directors shall be designated at each certified institution or agency to deliver a Detention Officer Certification Course. The school director shall have administrative responsibility for planning, scheduling, presenting, coordinating, reporting, and generally managing each sponsored detention officer certification course and shall be readily available at all times during course delivery as specified in 12 NCAC 10B .0704(b). The School Director may designate a Qualified Assistant to assist in the administration of the Detention Officer Certification Course, where the School Director has provided justification for the need including overlapping or simultaneous Commission-mandated courses, satellite delivery locations, or responsibility for multiple courses. This person must be selected by the School Director, who will forward identifying and contact information to the Division. Division staff will conduct a course orientation with the designated person. In order to retain the designation as a qualified assistant, the person must attend the Annual School Directors' Conference.

(c) The executive officers of the institution or agency sponsoring the Detention Officer Certification Course shall:

(1) acquire and allocate sufficient financial resources to provide commission-certified instructors and to meet other necessary program expenses;

(2) provide adequate secretarial, clerical, and other supportive staff assistance as required by the school director;

(3) provide or make available suitable facilities, equipment, materials, and supplies for comprehensive and qualitative course delivery, as required in the "Detention Officer Certification Course Management Guide" and specifically including the following:

(A) a well-lighted and ventilated classroom with a seating capacity sufficient to accommodate all attending trainees;

(B) audio-visual equipment and other instructional devices and aids necessary and beneficial to the delivery of effective training;

(C) a library for trainees' use covering the subject matter areas relevant to the training course, maintained in current status and having sufficient copies for convenient trainee access; and

(D) an area designated for instruction of compliance and control tactics which enables the safe execution of the basic detention officer compliance and control tactics topic area, with the following specifications:

(i) 30 square feet of floor space per student during the practical exercise portion of this topic area and while testing trainees' proficiency in performing the required maneuvers;

(ii) one instructor for every 10 students during the practical exercise portion of this topic area and while testing trainees' proficiency in performing the required maneuvers;

(iii) restrooms and drinking water within 100 yards of the training site; and

(iv) telephone or radio communication immediately available on site.

(E) an area designated for use as a jail cell for performing the practical exercises in the topic area entitled "Contraband Searches". If a county jail cell is unavailable, a simulated jail cell is acceptable provided it is built to the same specifications required by the Department of Human Resources with regards to size;

(F) an area designated for fire emergencies instruction which enables the safe execution of the lesson plan as follows:

(i) a well-ventilated, open area which allows for the setting and putting out of a fire;

(ii) restrooms and drinking water within 100 yards of the training site; and

(iii) telephone or radio communication immediately available on site.

(G) an area designated for physical fitness for detention officer trainees to include:

(i) an area for running, weight lifting and other exercises performed during the physical fitness topic area which provides a minimum of 20 square feet per trainee during the performance of the exercises required in the physical fitness topic area;

(ii) restrooms and drinking water within 100 yards of the training site;

(iii) telephone or radio communication immediately available on site;

(iv) shower facilities, if physical fitness is performed prior to classroom training;

(v) one instructor for every 10 students during the physical assessment portion of this block of instruction; and

(vi) sufficient instructors as needed to maintain visual contact with students while performing any physical exercise.

(H) an area designated for instruction in first aid and CPR techniques which provides a minimum of 20 square feet per trainee during the practical exercise portion and testing for proficiency in administering CPR. There must also be one instructor for every 10 students during the practical exercise portion and proficiency testing in administering CPR.

(d) If an institution or agency does not own a facility as required in this Section, written agreements with other entities must be made to assure use of and timely access to the facilities. A copy of the agreement must accompany the originating institution or agency "Pre-Delivery Report" (Form F7-A) when submitted to the Division.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. February 1, 2009; January 1, 2006; January 1, 2005; August 1, 2000; August 1, 1998; January 1, 1996; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. June 1, 2026.
12 NCAC 10B .0704 RESPONSIBILITIES: Schools and DETENTION OFFICER CourseS {#sec-12-ncac-10b-.0704 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0704}

(a) In planning, developing, coordinating, and delivering any commission-certified Detention Officer Certification Courses, the school shall:

(1) Formalize and schedule the course curriculum in accordance with the curriculum standards established by the rules in this Chapter.

(A) Any Detention Officer Certification Course shall be presented with a minimum of 40 hours of instruction each week during consecutive calendar weeks until course requirements are completed, with the exception of weeks in which there are regularly scheduled holidays pursuant to G.S. 103-4.

(B) Upon written request by the school delivering a class, the Director shall grant a waiver of the minimum hours requirement to that particular delivery of the class when illness, adverse weather, staffing shortages at the school or law enforcement agency employing the students or hosting the course, a declared state of emergency, incident requiring an emergency response by law enforcement, or riot prevent students from attending class or the school from staffing instructors for the class for 40 hours of instruction a week.

(2) Select and schedule instructors who are certified by the Commission under 12 NCAC 10B .0901 through 12 NCAC 10B .0909. The selecting and scheduling of instructors is subject to special requirements as follows:

(A) No single instructor may be scheduled to instruct more than 35 percent of the total hours of the curriculum during any Detention Officer Certification Course delivery except as set forth in Part (a)(2)(B) of this Rule.

(B) Where the school submits in writing to the Director of the Division a showing of exceptional or emergency circumstances, the Director of the Division shall grant written approval for the expansion of the individual instructional limitation. Emergencies justifying an instructor to teach more than 35 percent of a Detention Officer Certification Course are situations when illness, accident, or other exceptional circumstances make it unfeasible to staff the class with other certified instructors.

(C) The appropriate number of instructors for specific topic areas shall be scheduled as required in 12 NCAC 10B .0703.

(3) Provide each instructor with a Commission-approved course outline.

(4) Review each instructor's lesson plans and other instructional materials for conformance to the rules in this Subchapter and to minimize repetition and duplication of subject matter.

(5) Arrange for the availability of audiovisual aids and materials, publications, facilities and equipment for training.

(6) Not less than 30 days before commencing delivery of the course, submit to the Commission a Pre-Delivery Report of Training Course Presentation (Form F-7A) that shall contain information on the course delivery location, school director, class schedule, anticipated date of the State Comprehensive Exam, and any planned instructional hours in addition to the minimum requirements along with the following attachments:

(A) A comprehensive course schedule showing the arrangement of topical presentations and proposed instructional assignments;

(B) A copy of any rules, regulations, and requirements for the school and, when appropriate, completed applications for certification of instructors. The Director shall review the submitted Pre-Delivery Report together with all attachments to ensure that the school is in compliance with all Commission rules; if the school's rules are found to be in violation, the Director shall notify the school of any deficiency, and approval shall be withheld until all matters are in compliance with the Commissions' rules.

(7) Have probationary instructors evaluated by an instructor certified pursuant to 12 NCAC 10B .0905 or certified as a general instructor pursuant to 12 NCAC 09B .0301 using Form F-16. If a Limited Lecturer is evaluated during the practical portion of a block of instruction, the school must designate an instructor certified to instruct the practical portion of the block of instruction to evaluate the instructor using Form F-16. These evaluations on Form F-16 shall be submitted to the Division at the conclusion of each course delivery. Based on the evaluation referenced in 12 NCAC 10B .0905(b)(1), the school shall recommend approval or denial of requests for Detention Officer Instructor Certification, Limited Lecturer Certification, or Professional Lecturer Certification. The observations shall ensure the instructor is using the Instructional Systems Design model, as taught in Criminal Justice Instructor Training set out in 12 NCAC 09B .0209, and that the delivery follows the training objectives in the commission-approved curriculum. For each topic area, the designee's evaluation shall be based on the course delivery observations, the instructor's use of the approved lesson plan, and the results of student evaluations of the instructor.

(8) Have all other instructors evaluated by an instructor certified pursuant to 12 NCAC 10B .0905 or certified as a general instructor pursuant to 12 NCAC 09B .0301 using Form F-16. If a Limited Lecturer is evaluated during the practical portion of a block of instruction, the school must designate an instructor certified to instruct the practical portion of the block of instruction to evaluate the instructor using Form F-16. These evaluations on Form F-16 shall be submitted to the Division at the conclusion of each course delivery. The observations shall ensure the instructor is using the Instructional Systems Design model, as taught in Criminal Justice Instructor Training set out in 12 NCAC 09B .0209, and that the delivery follows the training objectives in the commission-approved lesson plan. For each topic area, the designee's evaluation shall be based on the course delivery observations, the instructor's use of the approved lesson plan, and the results of student evaluations of the instructor.

(9) Ensure that any designated certified instructor who is evaluating the instructional presentation of another, holds certification in the same instructional topic area as that being taught.

(10) Administer tests at the end of each topic area as specified in 12 NCAC 10B .0601 during the course delivery.

(11) Maintain supervision, direction, and control over the performance of all persons to whom any portion of the planning, development, presentation, or administration of a course has been assigned.

(12) Administer all course work pursuant to 12 NCAC 10B .0606.

(13) Submit to the Commission a Post-Delivery Report of Training Course Presentation (Form 7-B), which shall contain information on the sponsoring agency, course beginning and end date, and deviations from the planned course delivery as specified on Form 7-A, within 10 days of receiving the Commission's Report of Examination Scores.

(b) In addition to the requirements in Paragraph (a) of this Rule, the school shall designate a point of contact who shall be available to students and Division staff at all times during course delivery by telephone or other means. Available means that the point of contact may be contacted at any time of day or night by students, school personnel, or division staff and shall return the call or other means of communication within 12 hours of contact if initial contact is not successful. The means, and applicable numbers, shall be filed with the commission-certified training delivery site pursuant to Rule .0703(c)(3) of this Subchapter and the Division prior to the beginning of a scheduled course delivery.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2009; January 1, 2006; January 1, 2005; August 1, 1998; January 1, 1996; January 1, 1994; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • RRC Objection July 21, 2022 and rule returned to agency on September 27, 2022
  • Eff. November 1, 2023
  • Amended Eff. December 1, 2023.
12 NCAC 10B .0705 Qualifications to Act as School Directors {#sec-12-ncac-10b-.0705 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0705}

Any person designated to act as, or who performs the duties of, a school director in the delivery or presentation of any commission-accredited Detention Officer Certification Course shall maintain the following criteria to continuously serve as a school director.

(1) Submit a written designation as school director executed by the executive officer of the institution or agency currently accredited, or which may be seeking accreditation, by the Commission to make presentation of accredited training programs;

(2) Be certified as a criminal justice instructor by the North Carolina Criminal Justice Education and Training Standards Commission;

(3) Attend or must have attended the most current offering of the school director's orientation as developed and presented by the Commission staff;

(4) Attend or must have attended the most current offering of the school director's conference as presented by the Commission staff and staff of the North Carolina Criminal Justice Education and Training Standards Commission and Standards Division;

(5) Not have had any type of certification issued from this Commission, from the North Carolina Criminal Justice Education and Training Standards Commission, or from any commission, agency, or board established to certify pursuant to said commission, agency or boards' standards, which was revoked, suspended or denied and such period of sanction is still in effect at the time of designation;

(6) Perform the duties and responsibilities of a school director as specifically required in Rule .0704;

(7) Maintain an updated copy of the "Detention Officer Certification Training Manual" assigned to each accredited school; and

(8) Ensure compliance with the Commission's accreditation requirements as set forth in 12 NCAC 10B .0703 and .0802.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. August 1, 2002; August 1, 1998; January 1, 1996; January 1, 1992; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. November 1, 2023.
12 NCAC 10B .0706 Terms and Conditions of School Director Certification {#sec-12-ncac-10b-.0706 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0706}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. August 1, 1998; January 1, 1996
  • Repealed Eff. August 1, 2002.
12 NCAC 10B .0707 Suspension: Revocation: or Denial: School Director Cert {#sec-12-ncac-10b-.0707 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0707}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. August 1, 1998
  • Repealed Eff. August 1, 2002.
12 NCAC 10B .0708 Administration of Telecommunicator Certification Course {#sec-12-ncac-10b-.0708 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0708}

(a) The executive officer or officers of the institution or agency sponsoring a Telecommunicator Certification Course shall have primary responsibility for implementation of the rules in this Section and for administration of the school.

(b) The executive officers shall designate a compensated staff member to be the school director. No more than two school directors shall be designated at each certified institution/agency to deliver a Telecommunicator Certification Course. The school director shall have administrative responsibility for planning scheduling, presenting, coordinating, reporting, and generally managing each sponsored telecommunicator certification course and shall be readily available at all times during course delivery as specified in 12 NCAC 10B .0709(b). The School Director may designate a Qualified Assistant to assist in the administration of the Telecommunicator Certification Course, where the School Director has provided justification for the need to including overlapping or simultaneous Commission-mandated courses, satellite delivery locations, or responsibility for multiple courses. This person must be selected by the School Director who will forward identifying and contact information to the Division. Division staff will conduct a course orientation with the designated person. In order to retain the designation as a qualified assistant, the person must attend the Annual School Directors' Conference.

(c) The executive officers of the institution or agency sponsoring the Telecommunicator Certification Course shall:

(1) acquire and allocate sufficient financial resources to provide commission-certified instructors and to meet other necessary program expenses;

(2) provide secretarial, clerical, and other supportive staff assistance as required by the school director; and

(3) provide or make available facilities, equipment, materials, and supplies for comprehensive and qualitative course delivery, as required in the "Telecommunicator Certification Course Management Guide."

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Amended Eff. January 1, 2009; August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0709 Responsibilities: School Directors, Telecommunicator Certification Course {#sec-12-ncac-10b-.0709 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0709}

(a) In planning, developing, coordinating, and delivering each commission-certified Telecommunicator Certification Course, the school director shall:

(1) Formalize and schedule the course curriculum in accordance with the curriculum standards established by the rules in this Chapter;

(2) Select and schedule instructors who are properly certified by the Commission;

(3) Provide each instructor with a commission-approved course outline and all necessary additional information concerning the instructor's duties and responsibilities;

(4) Review each instructor's lesson plans and other instructional materials for conformance to the rules in this Chapter and to minimize repetition and duplication of subject matter;

(5) Arrange for the timely availability of appropriate audiovisual aids and materials, publications, facilities and equipment for training in all topic areas as required in the "Telecommunicator Certification Course Management Guide";

(6) Develop, adopt, reproduce, and distribute any supplemental rules, regulations, and requirements determined by the school to be necessary or appropriate for:

(A) Effective course delivery;

(B) Instruction on the responsibilities and obligations of agencies or departments employing course trainees; and

(C) Regulating trainee participation and demeanor and ensuring trainee attendance and maintaining performance records.

A copy of such rules, regulations and requirements shall be submitted to the Director as an attachment to the Pre-Delivery Report of Training Course Presentation, Form F-7A-T. A copy of such rules shall also be given to each trainee and to the sheriff or agency head of each trainee's employing agency at the time the trainee enrolls in the course;

(7) If appropriate, recommend housing and dining facilities for trainees;

(8) Not less than 30 days before commencing delivery of the course, submit to the Commission a Pre-Delivery Report of Training Course Presentation (Form F-7A-T) along with the following attachments:

(A) A comprehensive course schedule showing arrangement of topical presentations and proposed instructional assignments;

(B) A copy of any rules, regulations, and requirements for the school and, when appropriate, completed applications for certification of instructors. The Director shall review the submitted Pre-Delivery Report together with all attachments to ensure that the school is in compliance with all commission rules; if school's rules are found to be in violation, the Director shall notify the school director of deficiency, and approval shall be withheld until all matters are in compliance with the Commissions' rules;

(9) Administer the course delivery in accordance with the rules in this Chapter and ensure that the training offered is as effective as possible;

(10) Monitor or designate a certified instructor to monitor the presentations of all probationary instructors during course delivery and prepare written evaluations on their performance and suitability for subsequent instructional assignments. A person holding General Instructor Certification under the Criminal Justice Education and Training Standards Commission may evaluate instructors teaching any lecture portion of the course. These evaluations shall be prepared on commission forms and forwarded to the Division at the conclusion of each delivery. Based on this evaluation the school director shall recommend approval or denial of requests for Telecommunicator Instructor Certification or Professional Lecturer Certification. The observations shall be of sufficient duration to ensure the instructor is using the Instructional System Development model as taught in Criminal Justice Instructor Training set out in 12 NCAC 09B .0209, and that the delivery is objective based, documented by and consistent with a Commission-approved lesson plan. For each topic area, the school director's or designee's evaluation shall be based on the course delivery observations, the instructor's use of the approved lesson plan, and the results of the students evaluations of the instructor;

(11) Monitor or designate a certified instructor to monitor the presentations of all other instructors during course delivery and prepare written evaluations on their performance and suitability for subsequent instructional assignments. A person holding General Instructor Certification under the Criminal Justice Education and Training Standards Commission may evaluate instructors teaching any lecture portion of the course. Instructor evaluations shall be prepared on commission-approved forms in accordance with the rules in this Chapter. The observations shall be of sufficient duration to ensure the instructor is using the Instructional System Development model as taught in Criminal Justice Instructor Training set out in 12 NCAC 09B .0209, and that the delivery is objective based, documented by and consistent with a Commission-approved lesson plan. For each topic area, the school director's or designee's evaluation shall be based on the course delivery observations, the instructor's use of the approved lesson plan, and the results of the students evaluations of the instructor. These evaluations shall be kept on file by the school for a period of three years and shall be made available for inspection by a representative of the Commission upon request;

(12) Ensure that any designated certified instructor who is evaluating the instructional presentation of another holds certification in the same instructional topic area as that being taught;

(13) Administer or designate a person to administer appropriate tests as determined necessary at various intervals during course delivery;

(14) Maintain direct supervision, direction, and control over the performance of all persons to whom any portion of the planning, development, presentation, or administration of a course has been delegated;

(15) During a delivery of the Telecommunicator Certification Course, make available to authorized representatives of the Commission two hours of scheduled class time and classroom facilities for the administration of a written examination to those trainees who have satisfactorily completed all course work; and

(16) Not more than 10 days after receiving from the Commission's representative the Report of Examination Scores, submit to the Commission a Post-Delivery Report of Training Course Presentation (Form 7-B-T).

(b) The school director shall be readily available to students and Division staff at all times during course delivery by telephone, pager, or other means. The means, and applicable numbers, shall be filed with the commission-certified training delivery site and the Division prior to the beginning of a scheduled course delivery.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Amended Eff. January 1, 2009; January 1, 2006; January 1, 2005
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0710 Qualifications of School Directors, Telecommunicator Certification Course {#sec-12-ncac-10b-.0710 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0710}

Any person designated to act and who performs the duties of a school director in the delivery or presentation of a commission-accredited telecommunicator training course as of the effective date of this rule shall meet the following qualifications prior to commencing duties as such. Any designated school director will continuously maintain these qualifications during service as a school director.

(1) Submit a written designation as school director executed by the executive officer of the institution or agency currently accredited, or which may be seeking accreditation, by the Commission to make presentation of accredited training programs;

(2) Be certified as a criminal justice instructor by the North Carolina Criminal Justice Education and Training Standards Commission;

(3) Have attended the most current offering of the school director's orientation as developed and presented by the Commission staff;

(4) Attend the most current offering of the school director's conference as presented by the Commission staff and staff of the North Carolina Criminal Justice Education and Training Standards Commission and Standards Division;

(5) Not have had any type of certification issued from this Commission, from the North Carolina Criminal Justice Education and Training Standards Commission, or from any commission, agency, or board established to certify pursuant to said commission, agency or boards' standards, which was revoked, suspended or denied for cause and such period of sanction is still in effect at the time of designation;

(6) Perform the duties and responsibilities of a school director as specifically required in Rule .0709;

(7) Maintain an updated copy of the "Telecommunicator Certification Training Manual" assigned to each accredited school; and

(8) Ensure compliance with the Commission's accreditation requirements as set forth in 12 NCAC 10B .0708.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Amended Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0711 Terms and Conditions of Telecommunicator School Director Certification {#sec-12-ncac-10b-.0711 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0711}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 10B .0712 Suspension: Revocation: or Denial: Telecommunicator School Director Cert {#sec-12-ncac-10b-.0712 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0712}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Repealed Eff. August 1, 2002.
12 NCAC 10B .0713 Admission of Trainees {#sec-12-ncac-10b-.0713 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0713}

(a) The school shall not admit any individual as a trainee in any commission-certified basic training course who is not a citizen of the United States.

(b) The school shall not admit any individual younger than 20 years of age as a trainee in any Detention Officer Certification Course and shall not admit any individual younger than 18 years of age as a trainee in the Telecommunicator Certification Course without the prior written approval of the Director of the Standards Division. The Director shall approve those individuals who will turn 20 years of age prior to the end of any Detention Officer Certification Course and, those individuals who will turn 18 years of age prior to the end of the Telecommunicator Certification Course.

(c) The school shall not admit any individual who has not provided the documentation required by 12 NCAC 10B .0302 to demonstrate that he or she meets the high school educational requirement set out in 12 NCAC 10B .0302.

(d) The school shall give priority admission in commission-certified basic training courses to individuals holding full-time employment with criminal justice agencies.

(e) The school shall not admit any individual as a trainee in a presentation of any Detention Officer Certification Course or the Telecommunicator Certification Course unless the individual has provided to the School a Medical Examination Report Form (F-2) and the Medical History Statement Form (F-1) in compliance with 12 NCAC 10B .0304. The F-1 is completed by applicants and shall contain questions concerning biographical information, current medications, allergies, and past medical history, serious illnesses and medical conditions, hospitalizations, immunizations, and occupational history. The F-2 form is completed by a medical examiner and shall contain an applicant's biographical information, vision, hearing, cardiovascular and circulator health, urinalysis, TB skin test, and other medical conditions relevant to the applicant's physical fitness to perform the duties of a justice officer. Form F-2 also contains the examining medical professional's recommendation and concerns as to an applicant's physical fitness to perform the duties of a justice officer. The Medical Examination Report Form (F-2) and the Medical History Statement Form (F-1) required by the North Carolina Criminal Justice Education and Training Standards Commission shall be recognized by the Commission for the purpose of complying with this Rule.

(f) The school shall not admit any individual trainee in commission-certified basic training courses unless the individual has provided the School a certified criminal record check for local and state records where the trainee has resided within the past 10 years and where the trainee attended high school. The record check shall be from the Clerk of Court, a law enforcement agency within the jurisdiction, or other governmental entity that maintains or has access to criminal records for the jurisdiction. The record shall be certified by the entity providing the record with either a raised seal or other visible verification that the document is an authentic copy. An Administrative Office of the Courts criminal record check or a comparable out-of-state criminal record check shall satisfy this requirement. If an individual trainee has received a probationary certificate from the Commission at the time of enrollment, this records check requirement shall be waived.

(g) The school shall not admit any individual as a trainee in commission-certified basic training courses who has been convicted of the following:

(1) a felony;

(2) a crime for which the punishment could have been imprisonment for more than two years;

(3) a crime or unlawful act defined as a "Class B Misdemeanor" within the five year period prior to the date of appointment;

(4) four or more crimes or unlawful acts as defined as "Class B Misdemeanors" regardless of the date of conviction;

(5) four or more crimes or unlawful acts defined as "Class A Misdemeanors" except the trainee may be enrolled if the last conviction occurred more than two years prior to the date of enrollment; or

(6) any combination of four or more "Class A Misdemeanors" or "Class B Misdemeanors" regardless of the date of conviction.

(h) Pursuant to 12 NCAC 09B .0203, every individual who is admitted as a trainee in a presentation of the Commission-certified Basic Law Enforcement Training Course shall notify the School of all criminal offenses that the trainee is arrested for, charged with, pleads no contest to, pleads guilty to, or is found guilty of, and shall notify the School of all Domestic Violence Orders pursuant to G.S. Chapter 50B and Civil No Contact Orders pursuant to G.S. Chapter 50C, that are issued by a judicial official.

(i) Notification shall include all criminal offenses except minor traffic offenses. A minor traffic offense is defined for purposes of this Paragraph as any offense under G.S. Chapter 20 or similar laws of other jurisdictions, except those Chapter 20 offenses published in the Class B Misdemeanor Manual as referenced in 12 NCAC 10B. 0103. All driving while impaired, driving under the influence, and driving while license permanently revoked or permanently suspended offenses shall also be reported to the school.

(j) The notifications required under Paragraph (i) shall be in writing and shall specify the nature of the offense, the court where the case was initiated and the court where the case was or will be heard or disposed of if it is a different court, the date of the arrest or criminal charge, the date of issuance of the Domestic Violence Order or Civil No Contact Order, and the final disposition and the date thereof. The notifications required under Paragraph (j) shall be received by the School within 30 days of the date the case was disposed of in court. The requirements of this Paragraph shall apply at all times during which the trainee is enrolled in a Basic Law Enforcement Training Course. The requirements of this Paragraph shall be in addition to the notifications required under 12 NCAC 10B .0301 and 12 NCAC 09B .0101.

History

  • Authority G.S. 17C-4; 17E-7
  • Eff. April 1, 2001
  • Amended Eff. January 1, 2018; January 1, 2013; January 1, 2007; January 1, 2005
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. January 1, 2023.
12 NCAC 10B .0714 Pilot Course Presentation/Participation {#sec-12-ncac-10b-.0714 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0714}

(a) When the Commission approves the development of a new course or the development of a new version of an existing course, the Commission shall designate a course developer. The developer shall submit pilot curriculum for Commission approval. The developer shall conduct offerings of the Commission approved pilot course. The schools and instructors utilized in the pilot course offering shall be in compliance with Sections .0800 and .0900 of this Subchapter.

(b) "Pilot Course" means those courses approved by the Commission to develop new training course curricula.

(c) Individuals who complete such a Commission approved pilot course offering shall be in compliance with Sections .0600, and .1300 of this Subchapter.

History

  • Authority G.S. 17E-7
  • Eff. November 1, 2023.
12 NCAC 10B .0801 Accreditation: Justice Officer Schools/Training Courses {#sec-12-ncac-10b-.0801 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0801}

The rules covering the accreditation of Criminal Justice Schools and training courses, codified as Title 12, Subchapter 9C, Section .0400 of the North Carolina Administrative Code, and previously adopted by the North Carolina Criminal Justice Education And Training Standards Commission, are hereby incorporated by reference and shall automatically include any later amendments and editions of the incorporated material to apply to actions of the Commission with the exception of the Detention Officer Instructor, Detention Officer Schools and Training Courses. Copies of the incorporated materials may be obtained at no cost from the Criminal Justice Standards Division, North Carolina Department of Justice, Post Office Drawer 149, Raleigh, North Carolina 27602.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. August 1, 1998; January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0802 Certification: Delivery/Detention Officer Certification Course {#sec-12-ncac-10b-.0802 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0802}

(a) An institution or agency must be certified to deliver a Detention Officer Certification Course.

(b) In order to obtain certification, an institution or agency shall meet or exceed the following minimum standards for overall course delivery:

(1) the institution or agency shall conduct a minimum of one Detention Officer Certification Course each calendar year;

(2) the executive officer shall comply with the requirements of 12 NCAC 10B .0703; and

(3) the executive officer shall comply with the additional certification requirements as specified in the "Detention Officer Certification Course Management Guide".

(c) An institution or agency meeting the requirements of 12 NCAC 10B .0802(b) may submit a "Request for Certification" (Form F-7) to the Division. Upon receipt of the request, the Division staff shall:

(1) review the application for completeness;

(2) contact the institution or agency executive officer or designated school director to schedule an on-site visit and tour of the proposed training facilities;

(3) during the on-site visit note any deficiencies and attempt to provide assistance and recommendations in correcting those deficiencies; and

(4) notify the applying institution or agency, in writing, of the approval or denial of the certification request.

(d) In cases where the deficiencies prohibit the immediate certification of the institution or agency, the application shall be placed in a pending status:

(1) applications may remain in a pending status for no more than 30 days from the date of notification of any deficiencies; and

(2) within or following the 30 day period, the Division shall:

(A) issue certification; or

(B) notify the institution or agency, in writing, that it must re-apply for certification.

(e) Any existing commission-issued certifications issued and valid on July 31, 1998 shall be automatically extended with an expiration date of December 31, 1999 at which time the previously issued certification shall be terminated.

(f) All new applicants for certification shall meet the requirements of this Section after August 1, 1998.

(g) The certified institution or agency shall be subject to unannounced on-site certification audits to ensure compliance with the rules in this Section

(h) Following an on-site certification audit, the Division staff shall:

(1) notify the institution or agency of the results of the audit; and

(2) recommend to the Commission's Probable Cause Committee any action pursuant to 12 NCAC 10B .0802(j).

(i) School certification shall remain effective until surrendered, suspended, or revoked.

(j) The Commission may suspend or revoke the certification of a school when it finds that the school has failed to meet or to continuously maintain any requirement, standard or procedure for school certification or course delivery as required by Section .0700 of this Subchapter.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2005; August 1, 1998; January 1, 1996; January 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0803 Reports/Detention Officer Cert Course Presentation/ Completion {#sec-12-ncac-10b-.0803 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0803}

Each presentation of any Detention Officer Certification Course shall be reported to the Commission as follows:

(1) After acquiring accreditation for the course and before commencing each delivery of the course, the school shall, no less than 30 days prior to the scheduled delivery, notify the Division of the school's intent to offer the training course by submitting a Pre-Delivery Report of Training Course Presentation (Form F-7A); and

(2) Upon completing delivery of the accredited course, and not more than ten days after receiving from the Commission's representative the Report of Examination Scores, the school shall notify the Division regarding the progress and achievement of each enrolled trainee by submitting a Post-Delivery Report of Training Course Presentation (Form F-7B).

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1996; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2023; November 1, 2023.
12 NCAC 10B .0804 Accreditation: Delivery/Telecommunicator Certification Course {#sec-12-ncac-10b-.0804 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0804}

(a) To be accredited to deliver a Telecommunicator Certification Course, an institution or agency must submit a Form F-7-T requesting school accreditation.

(b) School accreditation shall remain effective until surrendered, suspended, or revoked.

(c) The Commission may suspend or revoke the accreditation of a school when it finds that the school has failed to meet or continuously maintain any requirement, standard, or procedure for school accreditation or course delivery as required by Section .0700 of this Subchapter.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0805 Reports/Telecommunicator Cert Course Presentation/Completion {#sec-12-ncac-10b-.0805 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0805}

Each presentation of the Telecommunicator Certification Course shall be reported to the Commission as follows:

(1) After acquiring accreditation for the course and before commencing each delivery of the course, the school director shall, no less than 30 days prior to the scheduled delivery, notify the Division of the school's intent to offer the training course by submitting a Pre-Delivery Report of Training Course Presentation (Form F-7A-T); and

(2) Upon completing delivery of the accredited course, and not more than 10 days after receiving from the Commission's representative the Report of Examination Scores, the school director shall notify the Division regarding the progress and achievement of each enrolled trainee by submitting a Post-Delivery Report of Training Course Presentation (Form F-7B-T).

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0901 Cert/Instructors/Basic Law Enforcement Training Course {#sec-12-ncac-10b-.0901 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0901}

The rules covering the certification of instructors, codified as Title 12, Subchapter 9B, Section .0300 of the North Carolina Administrative Code, and adopted by the North Carolina Criminal Justice Education and Training Standards Commission, are hereby incorporated by reference, and shall automatically include any later amendments and editions of the referenced materials, to apply to actions of the North Carolina Sheriffs' Education and Training Standards Commission. This Rule is not applicable to any Detention Officer Certification Course or Telecommunicator Certification Course. Copies of the publication may be obtained from the Office of Administrative Hearings, Rules Division web-site http://www.ncoah.com/rules.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2013; January 1, 1996; January 1, 1994; June 1, 1992; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. November 1, 2023.
12 NCAC 10B .0902 Phys Fitness Instrs//Basic Law Enforcement Training Course {#sec-12-ncac-10b-.0902 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0902}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Repealed Eff. January 1, 1994.
12 NCAC 10B .0903 Cert: Instructors for Detention Officer Certification Course {#sec-12-ncac-10b-.0903 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0903}

(a) Any person participating in any commission-certified Detention Officer Certification Course as an instructor, teacher, professor, lecturer, or other participant making presentations to the class shall first be certified by the Commission as an instructor pursuant to Rules .0905, .0907, and .0909 of this Subchapter.

(b) The Commission shall certify Detention Officer Certification Course instructors under the following categories:

(1) Detention Officer Instructor Certification;

(2) Professional Lecturer Certification; or

(3) Limited Lecturer Certification as outlined in Rules .0904, .0906 and .0908 of this Section.

(c) In addition to all other requirements of this Section, all instructors certified by the Commission to teach in any commission-certified Detention Officer Certification Course shall attend and complete any instructor training updates related to curriculum content and delivery as may be offered by the Commission approved curriculum developer and within the time period as specified by the Commission approved curriculum developer.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2005; August 1, 1998; January 1, 1996; January 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. November 1, 2023.
12 NCAC 10B .0904 Detention Officer Instructor Certification {#sec-12-ncac-10b-.0904 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0904}

(a) An applicant for Detention Officer Instructor Certification shall:

(1) not have had any type of certification issued from this Commission, from the North Carolina Criminal Justice Education and Training Standards Commission, or from any commission, agency, or board established to certify pursuant to said commission, agency or boards' standards, which was revoked, suspended or denied for cause and such period of sanction is still in effect at the time of designation;

(2) have attended and successfully completed the North Carolina Sheriffs' Education and Training Standards Commission-approved Detention Officer Training Course; or hold a valid general or grandfather certification as a detention officer or correctional officer; and

(3) hold General Instructor certification issued by the North Carolina Criminal Justice Education and Standards Commission.

(b) Persons holding Detention Officer Instructor Certification may teach any topical areas of instruction in the Commission-mandated course with the exception of those outlined in 12 NCAC 10B .0908(a)(1) through (5).

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2005; January 1, 1996; January 1, 1995; January 1, 1994; January 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0905 Terms and Conditions of Detention Officer Instructor Certification {#sec-12-ncac-10b-.0905 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0905}

(a) An applicant meeting the requirements for certification as a Detention Officer Instructor shall serve a probationary period. The expiration dates of any existing Commission-issued Probationary General Detention Officer Instructor Certifications shall be set to expire concurrently with the expiration of the instructor's Probationary General Instructor Certification issued by the North Carolina Criminal Justice Education and Training Standards Commission. If the time-period before the expiration date is less than one year, then the eight hours of instruction as specified in Paragraph (b) of this Rule shall be waived for this shortened term and Full General Detention Officer Instructor Certification shall be issued provided all other conditions for Full General Detention Officer Instructor Certification status as set out in Paragraph (b) of this Section are met. If the applicant has a Full General Instructor certification with no expiration date, the expiration date for the Probationary Detention Officer Instructor Certification shall be set for a period of one year from date of issue.

(b) The probationary instructor shall be awarded Full General Detention Officer Instructor Certification at the end of the probationary period if the instructor's certification required in 12 NCAC 10B .0904(a) remains valid, and the instructor submits to the Division a completed Request for Detention Officer Instructor Certification Form I-2, with either:

(1) a favorable recommendation from a school director accompanied by certification on a Commission Instructor Evaluation Form F-16 that the instructor taught a minimum of eight hours as specified in Paragraph (e) of this Rule in a Commission-certified Detention Officer Certification Course, or in a Commission-recognized Detention Officer In-Service Course as set out in the Mandated In-Service Training Manual published by the North Carolina Justice Academy, during his or her probationary year; or

(2) a favorable written evaluation as specified in Paragraph (e) of this Rule by a Commission member or Division staff member based on an on-site classroom evaluation of the probationary instructor in a Commission-certified Detention Officer Certification Course or in a Commission-recognized Detention Officer In-Service Course. The evaluation shall be certified on a Criminal Justice Instructor Evaluation Form F-16. In addition, instructors evaluated by a Commission member or Division staff member must also teach a minimum of eight hours in a Commission-certified Detention Officer Certification Course during his or her probationary year.

(c) The expiration dates of any existing commission-issued Full General Detention Officer Instructor Certifications shall be set to expire concurrently with the expiration of the instructor's Probationary General Instructor Certification issued by the North Carolina Criminal Justice Education and Training Standards Commission. If the time-period before the expiration date is less than three years, then the 12 hours of instruction shall be waived for this shortened term and Full General Detention Officer Instructor Certification shall be renewed. If the applicant has a Full General Instructor Certification with no expiration date, the expiration date for the Full General Detention Officer Instructor Certification shall be set for a period of three years from the date of issue. Full General Detention Officer Instructor Certification shall remain valid so long as the instructor's certification required in 12 NCAC 10B .0904(a) remains valid, and that the instructor submits to the Division every three years a Form I-2 renewal application and either:

(1) a favorable recommendation from a school director accompanied by certification on a Commission Instructor Evaluation Form that the instructor satisfactorily taught a minimum of 12 hours as specified in Paragraph (e) of this Rule in a Commission-certified Detention Officer Certification Course, or in a Commission-recognized Detention Officer In-Service Course, during the previous three year period; or

(2) a favorable written evaluation as specified in Paragraph (e) of this Rule by a Commission member or Division staff member based on a minimum 12 hours, on-site classroom observation of the instructor in a Commission-certified Detention Officer Certification Course.

(d) In the event a General Detention Officer Instructor Certification (either Probationary or Full) is terminated for failure to comply with Paragraph (c) of this Rule, the individual may re-apply for certification meeting the initial conditions for the certification, and also provide documentation that he or she has audited the number of hours of instruction that he or she failed to teach in a delivery of an certified Detention Officer Certification Course.

(e) A Criminal Justice Instructor Evaluation Form F-16 records a rating of instructional ability, student participation, and presentation of the lesson plan consistent with the requirements for successfully completing the Criminal Justice Instructor Training as set out in 12 NCAC 09B .0209.

(1) Instructional ability includes the instructor's:

(A) voice quality (projection, articulation, speech rate);

(B) verbal skill (fluency and clarity);

(C) physical appearance and mannerisms (attire, posture, body language, eye contact, movement);

(D) personal qualities of the instructor (knowledge, self-confidence, tact, enthusiasm, sensitivity); and

(E) selection and use of training aids (use of writing surface and other aids, effective use of multimedia, transparencies, and slides, relates aids to objectives, and use of aids when scheduled).

(2) Student participation includes the instructor's:

(A) use of questions to encourage discussion and response to student questions;

(B) ability to encourage class participation, maintain the students' attention, and engagement of all students effectively;

(C) organization in the arrangement of the classroom for maximum effect, ensuring all training tools/items are ready when needed, and presentation for the class lesson; and

(D) exercise control and discipline of the students to maintain proper behavior and orderliness in the classroom, ability to remain in control during classroom discussions, and handle class disruptions and problems.

(3) Presentation of lesson plan includes the instructor's:

(A) full coverage of the lesson plan;

(B) presentation of information in logical sequence;

(C) timing of presentation to allow for sufficient time for questions and discussion;

(D) transition of subjects with continuous progression and development of lesson;

(E) emphasis of key points and frequent summarization of topics to entire lesson or course and use of examples to clarify the subjects;

(F) frequent establishment of relevance of the topics to entire lesson or course and use of examples to clarify the subjects; and

(G) consistency of presentation in following the lesson plan.

(f) Individuals may, for just cause, be granted an extension to successfully teach the required minimum number of hours of instruction only once and not to exceed 12 months. For purposes of this Rule, "just cause" means accident, illness, emergency, course cancellation, or other exceptional circumstances that precluded the instructor from fulfilling the teaching requirement.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. February 1, 2006; January 1, 2005; August 1, 2002; January 1, 1996; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. May 1, 2021.
12 NCAC 10B .0906 Professional Lecturer Certification {#sec-12-ncac-10b-.0906 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0906}

(a) The Commission may issue Professional Lecturer Certification to a licensed attorney-at-law or a person with a law degree to teach "Legal Aspects of Jail Management and Administration" or other approved Detention Officer Certification Course legal block in any Detention Officer Certification Course if they apply and meet the criteria set out in Rule .0907 of this Subchapter.

(b) To be eligible for such certification an applicant shall present documentary evidence demonstrating that the applicant has:

(1) graduated from an accredited law school;

(2) obtained the endorsement of a commission recognized school director who shall:

(A) recommend the applicant for certification as a professional lecturer; and

(B) describe the applicant's expected participation, topical areas, duties and responsibilities.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1996; January 1, 1994; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. November 1, 2023.
12 NCAC 10B .0907 Terms and Conditions of Professional Lecturer Cert {#sec-12-ncac-10b-.0907 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0907}

The expiration dates of any existing commission-issued Professional Lecturer Certifications, where the individual also holds another instructor certification(s) issued through this Commission, shall be set to expire concurrently with the other instructor certification(s) issued by this Commission. In the event such instructor does not hold another instructor certification under this Commission, but holds an instructor certification under the North Carolina Criminal Justice Education and Training Standards Commission, the expiration date shall be set to expire concurrently with the other instructor certification(s) issued by the North Carolina Criminal Justice Education and Training Standards Commission. Where the instructor holds no certification through either Commission, certification as a professional lecturer shall remain effective for three years from the date of issuance. The lecturer shall apply for recertification at or before the expiration date.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2006; August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0908 Limited Lecturer Certification {#sec-12-ncac-10b-.0908 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0908}

(a) The Commission shall issue a Limited Lecturer Certification to an applicant who has developed specific or special skills by virtue of specific or special training. Limited Lecturer Certification shall be issued in the following topical areas:

(1) First Aid and CPR;

(2) Compliance and Control Tactics;

(3) Fire Emergencies in the Jail;

(4) Medical Care in the Jail; and

(5) Physical Fitness for Detention Officers.

(b) To be eligible for a Limited Lecturer Certificate for topic areas set forth in Paragraph (a) of this Rule, the applicant must meet the qualifications as follows:

(1) First Aid and CPR: first aid and CPR instructor with the American Red Cross, American Heart Association (AHA), American Safety and Health Institute (ASHI), or National Safety Council (NSC); or a licensed physician, Nurse Practitioner, Licensed Practical Nurse (LPN), Registered Nurse (RN), Physician's Assistant, or Emergency Medical Technician (EMT);

(2) Compliance and Control Tactics: certified by N.C. Criminal Justice Education and Training Standards Commission as Compliance and Control Tactics Instructor and compliance with Rule .0903(c) of this Section;

(3) Fire Emergencies in the Jail: Certified Fire Instructor (Level II or higher) through the North Carolina Department of Insurance Office of State Fire Marshall, or a Specialized Instructor in the Explosive and Hazardous Material Emergencies topical area through the NC Criminal Justice Commission;

(4) Medical Care in a Jail: A Licensed Physician, Nurse Practitioner, LPN, RN, or EMT, or Physician's Assistant; and

(5) Physical Fitness for Detention Officer: certified as a Physical Fitness Instructor by the North Carolina Criminal Justice Education and Training Standards Commission.

(c) In addition to the requirements set out in Paragraph (b) of this Rule, applicants for Limited Lecturer Certification must possess current certification to perform CPR which was obtained through the applicant having shown proficiency both cognitively and through skills testing.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. February 1, 2012; January 1, 2006; August 1, 2002; August 1, 2000; August 1, 1998; January 1, 1996; January 1, 1992; January 1, 1991; January 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. June 1, 2026.
12 NCAC 10B .0909 Terms and Conditions of a Limited Lecturer Certification {#sec-12-ncac-10b-.0909 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0909}

(a) An applicant meeting the requirements for certification as a Limited Lecturer shall serve a probationary period. The expiration dates of any existing Commission-issued Limited Lecturer Certifications, where the individual holds instructor certification under the North Carolina Criminal Justice Education and Training Standards Commission, shall be set to expire concurrently with the other instructor certification(s) issued by the North Carolina Criminal Justice Education and Training Standards Commission. In the event the instructor does not hold instructor certification under the North Carolina Criminal Justice Education and Training Standards Commission, but holds another instructor certification(s) issued through this Commission, the expiration date shall be set to expire concurrently with the other instructor certification(s) issued by this Commission. Where the instructor holds no certification through either Commission, certification as a Limited Lecturer shall remain effective for 12 months from the date of issuance. The lecturer shall apply for Full Limited Lecturer Certification at or before the expiration date. If the time-period before the expiration date is less than one year, then the four hours of instruction shall be waived for this shortened term and Full Limited Lecturer Certification shall be issued provided all other conditions for Full Limited Lecturer Certification status as set out in this Rule are met.

(b) The probationary instructor shall be eligible for Full Limited Lecturer status at the end of the probationary period if the instructor submits to the Commission:

(1) documentation on a Detention Officer Certification Form I-2 of at least four hours of instruction occurring within the probationary period in an area of the instructor's expertise related to each topic for which Limited Lecturer Certification was granted; and

(2) documentation that all other certifications required in 12 NCAC 10B .0908 remain valid.

(c) The expiration dates of any existing Commission-issued Full Limited Lecturer Certifications shall be set to expire concurrently with the expiration of the corresponding instructors' certification issued by the North Carolina Criminal Justice Education and Training Standards Commission. In the event the instructor does not hold instructor certification under the North Carolina Criminal Justice Education and Training Standards Commission, but holds another instructor certification(s) issued through this Commission, the expiration date shall be set to expire concurrently with the other instructor certification(s) issued by this Commission. The lecturer shall apply for recertification at or before the expiration date. If the time period before the expiration date is less than three years, then the six hours of instruction shall be waived for this shortened term and Full Limited Lecturer Instructor Certification will be renewed provided all other conditions for Full status as set out in Subparagraph (2) of this Paragraph are met. Full Limited Lecturer Certification remains valid so long as the lecturer submits to the Division every three years a Detention Officer Certification Form I-2:

(1) of documenting at least six hours of instruction occurring within the three-year certification period in an area of the instructor's expertise related to each topic for which Limited Lecturer Certification was granted; and

(2) documenting that all other certifications required in 12 NCAC 10B .0908 remain valid.

(d) In the event a Limited Lecturer Instructor Certification (either Probationary or Full) is terminated for failure to comply with Paragraph (c) of this Rule, the individual may re-apply for certification meeting the initial conditions for the certification, and also provide documentation on a Detention Officer Certification Form I-2 that he or she has audited the number of hours of instruction he or she failed to teach in the topic area for which Limited Lecturer Certification was granted in the respective area of expertise.

(e) Individuals may, for just cause, be granted an extension to successfully teach the required minimum number of hours instruction only once not to exceed 12 months. For purposes of this Rule, "just cause" means accident, illness, emergency, course cancellation, or other exceptional circumstances that precluded the instructor from fulfilling the teaching requirement.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2006; August 1, 2002; August 1, 2000; August 1, 1998; January 1, 1996; January 1, 1994; January 1, 1992; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. May 1, 2021.
12 NCAC 10B .0910 Use of Guest Participants {#sec-12-ncac-10b-.0910 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0910}

Instructors certified pursuant to 12 NCAC 10B .0908 and .0909 shall be the primary presenter at each class session of every offering of any Detention Officer Certification Course. A guest participant in a class session shall only be used to complement the instructor, and the instructor shall have direct on-site supervision of the guest participants.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1992
  • Amended Eff. August 1, 1998; January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. November 1, 2023.
12 NCAC 10B .0911 Suspension: Revocation: Denial of Detention Officer Instructor Certification {#sec-12-ncac-10b-.0911 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0911}

(a) The Division may notify an applicant for instructor certification or a certified instructor that a deficiency appears to exist and attempt, in an advisory capacity, to assist the person in correcting the deficiency.

(b) When any person certified as an instructor by the Commission is found to have knowingly and willfully violated any provision or requirement of the rules of this Subchapter, the Commission may take action to correct the violation and to ensure that the violation does not recur, including:

(1) issuing an oral warning and request for compliance;

(2) issuing a written warning and request for compliance;

(3) issuing an official written reprimand;

(4) summarily suspending the individual's certification for a specified period of time or until acceptable corrective action is taken by the individual if the Commission finds that the public health, safety, or welfare requires immediate action; or

(5) revoking the individual's certification.

(c) The Commission may deny, suspend, or revoke an instructor's certification when the Commission finds that the person:

(1) has failed to meet and maintain any of the requirements for qualification;

(2) has failed to remain knowledgeable in the person's areas of expertise by failing to attend and successfully complete any instructor training updates pursuant to 12 NCAC 10B .0903(c);

(3) has failed to deliver training in a manner consistent with the instructor lesson plans;

(4) has failed to follow specific guidelines outlined in the "Detention Officer Certification Course Management Guide" which is hereby incorporated by reference and shall automatically include any later amendments and editions of the referenced materials. This publication is authored by and may be obtained from the North Carolina Justice Academy, Post Office Drawer 99, Salemburg, North Carolina 28385 at no cost at the time of adoption of this Rule;

(5) has demonstrated unprofessional personal conduct as defined in 12 NCAC 10B .0103(21) in the delivery of commission-mandated training;

(6) has otherwise demonstrated instructional incompetence;

(7) has knowingly and willfully obtained, or attempted to falsify data, records, scores, grades, or any other student course materials or obtain or maintain instructor certification by deceit, fraud, or misrepresentation; or

(8) has had any type of certification issued from the Commission, from the North Carolina Criminal Justice Education and Training Standards Commission, or from any commission, agency, or board established to certify pursuant to said commission, agency or boards' standards, which was revoked, suspended or denied for cause.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1993
  • Amended Eff. February 1, 2009; January 1, 2005; August 1, 1998; January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0912 Period/Suspension: Revocation: or Denial of Detention Officer Instructor Certification {#sec-12-ncac-10b-.0912 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0912}

The period of suspension, revocation or denial of the certification of an instructor pursuant to 12 NCAC 10B .0911 shall be:

(1) no more than one year where the cause of sanction is:

(a) failure to deliver training in a manner consistent with the instructor lesson plans; or

(b) failure to follow specific guidelines outlined in the "Detention Officer Certification Course Management Guide" which is hereby incorporated by reference and shall automatically include any later amendments and editions of the referenced materials. This publication is authored by and may be obtained from the North Carolina Justice Academy, Post Office Drawer 99, Salemburg, North Carolina 28385 at no cost at the time of adoption of this Rule; or

(c) unprofessional personal conduct as defined in 12 NCAC 10B .0103(21) or demonstration of instructional incompetence in the delivery of the Detention Officer Certification Course.

(2) no more than five years where the sanction is knowingly and willfully obtaining or attempting to falsify data, records, scores, grades, or any other student course materials or obtain or maintain instructor certification by deceit, fraud, or misrepresentation.

(3) for an indefinite period, but continuing so long as the stated deficiency, infraction, or impairment continues to exist, where the cause of sanction is:

(a) failure to meet and maintain any of the requirements for qualification; or

(b) failure to remain knowledgeable in the person's areas of expertise.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1993
  • Amended Eff. February 1, 2009; January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0913 Cert: Instructors for Telecommunicator Certification Course {#sec-12-ncac-10b-.0913 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0913}

(a) Any person participating in a commission-certified Telecommunicator Certification Course as an instructor, teacher, professor, lecturer, or other participant making presentations to the class shall first be certified by the Commission as an instructor.

(b) As of the effective date of this Rule, the Commission shall certify Telecommunicator Certification Course instructors under the following categories:

(1) Telecommunicator Instructor Certification; or

(2) Professional Lecturer Certification.

(c) Individuals who have previously instructed in a commission-certified Telecommunicator Certification Course as it existed prior to the effective date of this Rule are eligible for a waiver of 12 NCAC 10B .0913(b), provided documentation is submitted showing the applicant taught a minimum of eight hours in the Telecommunicator Certification Course within the one-year period prior to the date of application.

(d) In addition to all other requirements of this Section, all instructors certified by the Commission to teach in a commission-certified Telecommunicator Certification Course shall remain knowledgeable and attend and complete any instructor training updates related to curriculum content and delivery as may be offered by the curriculum developer and within the time period as specified by the curriculum developer.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Amended Eff. January 1, 2005
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0914 Telecommunicator Instructor Certification {#sec-12-ncac-10b-.0914 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0914}

(a) An applicant for Telecommunicator Instructor Certification shall:

(1) not have had any type of certification issued from this Commission, from the North Carolina Criminal Justice Education and Training Standards Commission, or from any commission, agency, or board established to certify pursuant to said commission, agency or boards' standards, which was revoked, suspended or denied for cause and such period of sanction is still in effect at the time of designation;

(2) have attended and successfully completed the North Carolina Sheriffs' Education and Training Standards Commission-approved Telecommunicator Training Course, or hold a valid general or grandfather certification as a Telecommunicator; and

(3) hold General Instructor certification issued by the North Carolina Criminal Justice Education and Standards Commission.

(b) Persons holding Telecommunicator Instructor Certification may teach any topical areas of instruction in the Commission-mandated course.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Amended Eff. January 1, 2005
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0915 Terms and Conditions of Telecommunicator Instructor Certification {#sec-12-ncac-10b-.0915 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0915}

(a) An applicant meeting the requirements for certification as a Telecommunicator Instructor shall serve a probationary period. The expiration dates of any existing Commission-issued Probationary General Telecommunicator Instructor Certifications shall be set to expire concurrently with the expiration of the instructor's Probationary General Instructor Certification issued by the North Carolina Criminal Justice Education and Training Standards Commission. If the time-period before the expiration date is less than one year, then the eight hours of instruction required for Probationary Telecommunicator Instructor Certification shall be waived for this shortened term and Full General Telecommunicator Instructor Certification shall be issued provided all other conditions for Full General Telecommunicator Instructor Certification as set out in Paragraph (b) of this Rule are met. If the applicant has a Full General Instructor Certification through the Criminal Justice Education and Training Standards Commission with no expiration date, the Probationary Telecommunicator Officer Instructor Certification shall be set for one year from date of issue.

(b) The probationary instructor shall be awarded Full Telecommunicator Instructor Certification at the end of the probationary period if the instructor's certification required in 12 NCAC 10B .0914(a) remains valid, and the instructor through application, submits to the Division a completed Request for Telecommunicator Instructor Certification Form I-2T, with either:

(1) a favorable recommendation from a school director accompanied by certification on a Commission Instructor Evaluation Form that the instructor taught a minimum of eight hours as specified in Paragraph (e) of this Rule in a Commission-certified Telecommunicator Certification Course, or in a Commission-recognized Telecommunicator In-Service Training Course as set out in the Mandated In-Service Training Manual published by the North Carolina Justice Academy during his or her probationary year; or

(2) a favorable written evaluation as specified in Paragraph (e) of this Rule by a Commission member or Division staff member based on an on-site classroom evaluation of the probationary instructor in a Commission-certified Telecommunicator Certification Certification Course, or in a Commission-recognized Telecommunicator In-Service Training Course. The evaluation shall be certified on a Criminal Justice Instructor Evaluation Form F-16. In addition, instructors evaluated by a Commission or Division staff member must also teach a minimum of eight hours in a Commission-certified Telecommunicator Certification Course during his or her probationary year.

(c) The expiration dates of any existing Commission-issued Full General Telecommunicator Instructor Certifications shall be set to expire concurrently with the expiration of the instructor's Probationary General Instructor Certification issued by the North Carolina Criminal Justice Education and Training Standards Commission. If the time-period before the expiration date is less than three years, then the 12 hours of instruction shall be waived for this shortened term and Full General Telecommunicator Instructor Certification shall be renewed. If the applicant has a Full General Instructor Certification with no expiration date, the expiration date for the Full Telecommunicator Officer Instructor Certification shall be set for three years from the date of issue. Full Telecommunicator Instructor Certification shall remain valid so long as the instructor's certification required in 12 NCAC 10B .0904(a) remains valid, and the instructor submits to the Division every three years a completed Request for Request for Telecommunicator Instructor Certification Form I-2T, with either:

(1) a favorable recommendation from a school director accompanied by certification on a Commission Instructor Evaluation Form that the instructor satisfactorily taught a minimum of 12 hours as specified in Paragraph (e) of this Rule in a Commission-certified Telecommunicator Certification Course, or a Commission-recognized Telecommunicator In-Service Training Course during the previous three year period; or

(2) a favorable written evaluation as specified in Paragraph (e) of this Rule by a Commission member or Division staff member based on a minimum 12 hours, on-site classroom observation of the instructor in a Commission-certified Telecommunicator Certification or a Commission-recognized Telecommunicator In-Service Training Course.

(d) In the event a General Telecommunicator Instructor Certification (either Probationary or Full) is terminated for failure to comply with Paragraph (c) of this Rule, the individual may re-apply for certification meeting the initial conditions for the certification, and also provide documentation that he or she has audited the number of hours of instruction that he or she failed to teach in a delivery of a certified Telecommunicator Certification Course.

(e) An Instructor Evaluation Form records a rating of instructional ability, student participation, and presentation of the lesson plan consistent with the requirements for successfully completing the Criminal Justice Instructor Training as set out in 12 NCAC 09B .0209.

(1) Instructional ability includes the instructor's:

(A) voice quality (projection, articulation, speech rate);

(B) verbal skill (fluency and clarity);

(C) physical appearance and mannerisms (attire, posture, body language, eye contact, movement);

(D) personal qualities of the instructor (knowledge, self-confidence, tact, enthusiasm, sensitivity); and

(E) selection and use of training aids (use of writing surface and other aids, effective use of multimedia, transparencies, and slides, relates aids to objectives, and use of aids when scheduled).

(2) Student participation includes the instructor's:

(A) use of questions to encourage discussion and response to student questions;

(B) ability to encourage class participation, maintain the students' attention, and engagement of all students effectively;

(C) organization in the arrangement of the classroom for maximum effect, ensuring all training tools/items are ready when needed, and presentation for the class lesson; and

(D) exercise of control and discipline of the students to maintain proper behavior and orderliness in the classroom, ability to remain in control during classroom discussions, and handle class disruptions and problems.

(3) Presentation of lesson plan includes the instructor's:

(A) full coverage of the lesson plan;

(B) presentation of information in logical sequence;

(C) timing of presentation to allow for sufficient time for questions and discussion;

(D) transition of subjects with continuous progression and development of lesson;

(E) emphasis of key points and frequent summarization of topics to reinforce learning;

(F) frequent establishment of relevance of the topics to entire lesson or course and use of examples to clarify the subjects; and

(G) consistency of presentation in following the lesson plan.

(f) Individuals may, for just cause, be granted an extension to successfully teach the required minimum number of hours of instruction only once not to exceed 12 months. For purposes of this Rule, "just cause" means accident, illness, emergency, course cancellation, or other exceptional circumstances that precluded the instructor from fulfilling the teaching requirement.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Amended Eff. February 1, 2006; January 1, 2005; August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. May 1, 2021.
12 NCAC 10B .0916 Professional Lecturer Certification: Telecommunicator Certification Course {#sec-12-ncac-10b-.0916 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0916}

(a) The Commission may issue Professional Lecturer Certification to a licensed attorney-at-law or a person with a law degree to teach "Civil Liability for the Telecommunicator" in the Telecommunicator Certification Course.

(b) To be eligible for such certification an applicant shall present documentary evidence demonstrating that the applicant has:

(1) graduated from an accredited law school; and

(2) obtained the endorsement of a commission recognized school director who shall:

(A) recommend the applicant for certification as a professional lecturer; and

(B) describe the applicant's expected participation, topical areas, duties and responsibilities.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0917 Terms and Conditions of Professional Lecturer Cert: Telecommunicator Certification Course {#sec-12-ncac-10b-.0917 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0917}

The expiration dates of any existing commission-issued Professional Lecturer Certifications, where the individual also holds another instructor certification(s) issued through this Commission, shall be set to expire concurrently with the other instructor certification(s) issued by this Commission. In the event such instructor does not hold another instructor certification under this Commission, but holds an instructor certification under the North Carolina Criminal Justice Education and Training Standards Commission, the expiration date shall be set to expire concurrently with the other instructor certification(s) issued by the North Carolina Criminal Justice Education and Training Standards Commission. Where the instructor holds no certification through either Commission, certification as a professional lecturer shall remain effective for three years from the date of issuance. The lecturer shall apply for recertification at or before the expiration date.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Amended Eff. January 1, 2006; August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0918 Use of Guest Participants: Telecommunicator Certification Course {#sec-12-ncac-10b-.0918 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0918}

The use of guest participants in a delivery of the Telecommunicator Certification Course is permissible. Such guest participants are subject to the direct on-site supervision of a commission-certified instructor and must be authorized by the school director. A guest participant shall only be used to complement the primary certified instructor of the topic area and shall in no way replace the primary instructor.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0919 Suspension: Revocation: Denial of Telecommunicator Instructor Certification {#sec-12-ncac-10b-.0919 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0919}

(a) The Division may notify an applicant for instructor certification or a certified instructor that a deficiency appears to exist and attempt, in an advisory capacity, to assist the person in correcting the deficiency.

(b) When any person certified as an instructor by the Commission is found to have knowingly and willfully violated any provision or requirement of the rules of this Subchapter, the Commission may take action to correct the violation and to ensure that the violation does not recur, including:

(1) issuing an oral warning and request for compliance;

(2) issuing a written warning and request for compliance;

(3) issuing an official written reprimand;

(4) summarily suspending the individual's certification for a specified period of time or until acceptable corrective action is taken by the individual when the Commission finds that the public health, safety, or welfare requires emergency action; or

(5) revoking the individual's certification.

(c) The Commission may deny, suspend, or revoke an instructor's certification when the Commission finds that the person:

(1) has failed to meet and maintain any of the requirements for qualification;

(2) has failed to remain knowledgeable in the person's areas of expertise by failing to attend and successfully complete any instructor training updates pursuant to 12 NCAC 10B .0913(d);

(3) has failed to deliver training in a manner consistent with the instructor lesson plans;

(4) has failed to follow specific guidelines outlined in the "Telecommunicator Certification Course Management Guide" which shall be used and shall automatically include any later amendments and editions of the referenced materials. This publication is authored by and may be obtained from the North Carolina Justice Academy, Post Office Drawer 99, Salemburg, North Carolina 28385 at no cost at the time of adoption of this Rule;

(5) has demonstrated unprofessional personal conduct as defined in 12 NCAC 10B .0103(21) in the delivery of commission-mandated training;

(6) has otherwise demonstrated instructional incompetence;

(7) has knowingly and willfully obtained, or attempted to falsify data, records, scores, grades, or any other student course materials or obtain or maintain instructor certification by deceit, fraud, or misrepresentation; or

(8) has had any type of certification issued from this Commission, from the North Carolina Criminal Justice Education and Training Standards Commission, or from any commission, agency, or board established to certify pursuant to said commission, agency or boards' standards, which was revoked, suspended or denied for cause.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Amended Eff. February 1, 2009; January 1, 2005
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .0920 Period/Suspension: Revocation: or Denial of Telecommunicator Instructor Certification {#sec-12-ncac-10b-.0920 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .0920}

The period of suspension, revocation or denial of the certification of an instructor pursuant to 12 NCAC 10B .0919 shall be:

(1) no more than one year where the cause of sanction is:

(a) failure to deliver training in a manner consistent with the instructor lesson plans;

(b) failure to follow specific guidelines outlined in the "Telecommunicator Certification Course Management Guide" which shall be used and shall automatically include any later amendments and editions of the referenced materials. This publication is authored by and may be obtained from the North Carolina Justice Academy, Post Office Drawer 99, Salemburg, North Carolina 28385 at no cost at the time of adoption of this Rule; or

(c) unprofessional personal conduct as defined in 12 NCAC 10B .0103(21) or demonstration of instructional incompetence in the delivery of the Telecommunicator Certification Course.

(2) no more than five years where the sanction is knowingly and willfully obtaining or attempting to falsify data, records, scores, grades, or any other student course materials or obtain or maintain instructor certification by deceit, fraud, or misrepresentation.

(3) for an indefinite period, but continuing so long as the stated deficiency, infraction, or impairment continues to exist, where the cause of sanction is:

(a) failure to meet and maintain any of the requirements for qualification; or

(b) failure to remain knowledgeable in the person's areas of expertise.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Amended Eff. February 1, 2009
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .1001 Purpose {#sec-12-ncac-10b-.1001 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1001}

History

  • Status: expired
  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. February 1, 1998; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Expired Eff. September 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 10B .1002 Eligibility for Professional Certificates {#sec-12-ncac-10b-.1002 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1002}

(a) In order to be eligible for one or more of the professional certificates, a sheriff or deputy sheriff who is a full-time sworn law enforcement officer of a North Carolina sheriff's office shall first meet the following preliminary qualifications:

(1) be an elected or appointed sheriff or be a deputy sheriff who holds valid general or grandfather certification as defined in G.S. 17E-7(a). A deputy sheriff serving under a probationary certification is not eligible for consideration. Any justice officer subject to suspension or revocation proceedings, under investigation for possible decertification action, under a period of active revocation of their certification, or under probation or suspended sanction, by the Commission or the North Carolina Criminal Justice Education and Training Standards Commission, is not eligible for professional certificates for the pendency of the proceedings or period of probation, suspension, or revocation; and

(2) meet and maintain the requirements of certification pursuant to Rule .0301 and Section .0500 of this Subchapter.

(b) Employees of a North Carolina Sheriff's Office who have previously held general or grandfather law enforcement officer certification but are presently, by virtue of promotion or transfer, serving in non-sworn positions not subject to certification are eligible to participate in the Professional Certificate Program. Eligibility for this exception requires continuous employment with the sheriff's office from the date of promotion or transfer from a sworn, certified position to the date of application for a professional certificate.

(c) Only training or experience gained in an officer's area of expertise as described in Paragraph (d) of this Rule is eligible for application to this program.

(d) Certificates shall be awarded based upon a formula that combines formal education, law enforcement training, and experience in a sworn law enforcement position as defined in Rule .0103(19) of this Subchapter. These professional certificates shall be for sworn sheriffs and full-time deputy sheriffs. Points are computed in the following manner:

(1) each semester hour of college credit shall equal one education point and each quarter hour shall equal two-thirds of an education point. No correspondence or vocational courses shall be credited towards education points unless an accredited institution, as set out in Rule .1004(b) of this Section, credits the courses towards a degree;

(2) 20 hours of law enforcement training shall equal one training point; and

(3) experience as a sworn law enforcement officer as defined in Rule .0103(19) of this Subchapter is acceptable.

(e) In addition to the qualifications set forth in Paragraphs (a), (b), (c), and (d) of this Rule, applicants for the Intermediate Law Enforcement Certificate shall have acquired the following combination of educational points or degrees, law enforcement training points, and years of law enforcement experience:

(f) In addition to the qualifications set forth in Paragraphs (a), (b), (c), and (d) of this Rule, applicants for the Advanced Law Enforcement Certificate shall have acquired the following combination of educational points or degrees, law enforcement training points, and years of law enforcement experience:

(g) Educational points or degrees claimed shall have been earned at a technical institute, technical college, community college, junior college, college or university accredited as such by the Department of Education of the state in which the institution is located, a national or regional accrediting body, or the state university of the state in which the institution is located. No credit shall be given for any correspondence or vocational courses unless credited towards a degree by an accredited institution.

(h) No more than 160 hours of training obtained by completing an accredited basic law enforcement training program required to serve in a sworn law enforcement position as defined in Rule .0103(19) of this Subchapter shall be credited toward training points.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2013; January 1, 2006; August 1, 2000; August 1, 1998; February 1, 1998; January 1, 1992; January 1, 1991; January 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2025; December 1, 2023.
12 NCAC 10B .1003 Basic Law Enforcement Certificate {#sec-12-ncac-10b-.1003 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1003}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1994; January 1, 1992; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. August 1, 2019.
12 NCAC 10B .1004 Intermediate Law Enforcement Certificate {#sec-12-ncac-10b-.1004 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1004}

History

  • Status: repealed
  • Authority G.S. 17E-4(b)(1); 17E-4(b)(12)
  • Eff. January 1, 1989
  • Amended Eff. February 1, 2014; January 1, 2013; August 1, 2002; August 1, 1998; January 1, 1996; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. December 1, 2025.
12 NCAC 10B .1005 Advanced Law Enforcement Certificate {#sec-12-ncac-10b-.1005 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1005}

History

  • Status: repealed
  • Authority G.S. 17E-4(b)(1); 17E-4(b)(12)
  • Eff. January 1, 1989
  • Amended Eff. February 1, 2014; January 1, 2013; August 1, 2002; August 1, 1998; January 1, 1996; January 1, 1994; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. December 1, 2025.
12 NCAC 10B .1006 How to Apply {#sec-12-ncac-10b-.1006 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1006}

(a) All applicants for an award of the intermediate or advanced professional certificates for sheriffs and deputy sheriffs shall complete the "Application for Professional Certificate/Service Award," Form F-6.

(b) Documentation of education shall be provided by copies of transcripts, diplomas, or certified letters from the accredited institution.

(c) Documentation of training shall be provided by copies of training records signed by the agency's training officer or department head, or by providing certificates of completion.

(d) Military Police Officers shall provide a military DD214, Certificate of Release from Active Duty form, for verification of service. Federal government employees with service in a sworn law enforcement position, as defined in Rule .0103(19) of this Subchapter, shall provide letters of verification of dates of employment on the agency letterhead signed by the department head or their designee.

(e) Documentation of the applicant's length of service in North Carolina shall be based upon the Division's certification records, however, oaths of office may be requested of the applicant if confirmation of dates of service is required. Documentation shall be provided by letters of verification of employment from present or former out-of-state employers where the applicant served in a sworn law enforcement position, as defined in Rule .0103(19) of this Subchapter.

(f) The "Application for Professional Certificate/Service Award," Form F-6, shall be signed by the department head and forwarded to the Division. Certificates shall be issued to the department head for award to the applicant.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. August 1, 1998; January 1, 1992; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2025.
12 NCAC 10B .1101 Purpose {#sec-12-ncac-10b-.1101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1101}

History

  • Status: expired
  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. February 1, 1998; January 1, 1992
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. April 1, 2001; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Expired Eff. September 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 10B .1102 General Provisions {#sec-12-ncac-10b-.1102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1102}

(a) In order to be eligible for one or more of the service awards, a Deputy Sheriff, Detention Officer, Telecommunicator, or Sheriff shall first meet the following preliminary qualifications:

(1) Be an elected or appointed sheriff or be a deputy sheriff, detention officer, or telecommunicator that holds a valid general or grandfather certification. An officer serving under a probationary certification is not eligible for consideration. Any justice officer subject to suspension or revocation proceedings or under investigation for possible decertification action by the Commission or the North Carolina Criminal Justice Education and Training Standards Commission shall not be eligible for a service award for the pendency of the proceedings;

(2) Be familiar with and subscribe to the Law Enforcement Code of Ethics as promulgated by the International Association of Chiefs of Police or Telecommunicator Code of Ethics as published by APCO and NENA to include any subsequent editions or modifications thereto. A copy of either Code of Ethics may be obtained at no cost from the Sheriffs' Standards Division, North Carolina Department of Justice, Post Office Box 629, Raleigh, North Carolina 27602-0629; and

(3) Also, employees of a North Carolina Sheriff's Office who have previously held certification, but are presently, by virtue of promotion or transfer, serving in positions not subject to certification are eligible to participate in the service award program. Eligibility for this exception requires continuous employment with a sheriff's office from the date of promotion or transfer from a certified position to the date of application for a service award as certified in writing by the Sheriff.

(b) Only experience as a full-time justice officer gained while holding certification through the Commission or while certified as a law enforcement officer through the North Carolina Criminal Justice Education and Training Standards Commission or experience as an elected or appointed Sheriff shall be acceptable for consideration.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. February 1, 1998; January 1, 1990
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. January 1, 2006; April 1, 2001; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .1103 Intermediate Service Award {#sec-12-ncac-10b-.1103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1103}

In addition to the qualifications set forth in Rule .1102 an applicant must have served a minimum of 15 years as an elected or appointed Sheriff or a certified deputy sheriff, detention officer, or telecommunicator to receive an intermediate service award.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1992; January 1, 1990
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. April 1, 2001; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .1104 Advanced Service Award {#sec-12-ncac-10b-.1104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1104}

In addition to the qualifications set forth in Rule .1102 of this Section an applicant must have served a minimum of 20 years as an elected or appointed Sheriff, a certified deputy sheriff, detention officer, or telecommunicator to receive an advanced service award.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1992; January 1, 1990
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. April 1, 2001; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .1105 How to Apply {#sec-12-ncac-10b-.1105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1105}

(a) All applicants for either the Intermediate Service Award for the Advanced Service Award shall complete an "Application: Professional Certificate/Service Award," (F-6).

(b) Documentation of the applicant's length of service in North Carolina shall be based upon the Division's certification records, however, oaths of office may be requested of the applicant.

(c) The applicant shall submit the application to the agency head who shall attach his recommendation and forward the application to the Division. The Service Award shall be issued to the agency head for presentation to the applicant.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1989
  • Amended Eff. August 1, 1998; January 1, 1992; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .1201 Purpose {#sec-12-ncac-10b-.1201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1201}

History

  • Status: expired
  • Authority G.S. 17E-4
  • Eff. January 1, 1990
  • Amended Eff. February 1, 1998; January 1, 1996
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Expired Eff. September 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 10B .1202 Eligibility for Professional Certificates {#sec-12-ncac-10b-.1202 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1202}

(a) In order to be eligible for one or more of the detention officer professional certificates, a detention officer shall first meet the following preliminary qualifications:

(1) be a full-time detention officer who holds a valid general or grandfather certification as defined in G.S. 17E-7(a). A detention officer serving under a probationary certification is not eligible for consideration.

(2) any detention officer subject to suspension or revocation proceedings, under investigation for possible decertification action, under a period of active revocation of their certification, or under probation or suspended sanction, by the Commission or the North Carolina Criminal Justice Education and Training Standards Commission, shall not be eligible for any professional certificates for the pendency of the proceedings or period of probation, suspension, or revocation;

(3) meet and maintain the requirements of certification pursuant to Rule .0301 and Section .0600 of this Subchapter.

(b) Employees of a North Carolina sheriff's office who have previously held a general or grandfather detention officer certification, but are presently, by virtue of promotion or transfer, serving in positions not subject to certification, are eligible to participate in the Professional Certificate Program. Eligibility for this exception requires continuous employment with a sheriff's office from the date of promotion or transfer from a certified position to the date of application for a professional certificate.

(c) Only training and experience gained in an officer's area of expertise, as described in Paragraph (d) of this Rule, shall be eligible for application to this program.

(d) Certificates shall be awarded based upon a formula contained herein that combines formal education, training, and experience as a detention officer. Points are computed in the following manner:

(1) each semester hour of college credit shall equal one education point and each quarter hour of college credit shall equal two thirds of an education point. No correspondence or vocational courses shall be credited towards education points unless an accredited institution, as set out in Paragraph (g) of this Rule, credits the courses towards a degree;

(2) 20 hours of detention officer training shall equal one training point; and

(3) experience as a member of a correctional or detention facility in North Carolina, as defined in Rule .0103(6) of this Subchapter.

(e) In addition to the qualifications set forth in Paragraphs (a), (b), (c), and (d) of this Rule, applicants for the Intermediate Detention Officer Professional Certificate shall have acquired the following combination of educational points or degrees, detention officer or corrections training points, and years of detention officer experience:

(f) In addition to the qualifications set forth in Paragraphs (a), (b), (c), and (d) of this Rule, applicants for the Advanced Detention Officer Professional Certificate shall possess or be eligible to possess the Intermediate Detention Officer Professional Certificate and shall have acquired the following combination of educational points or degrees, detention officer or corrections training points, and years of detention officer experience:

(g) Educational points or degrees claimed shall have been earned at a technical institute, technical college, community college, junior college, college or university accredited as such by the Department of Education of the state in which the institution is located, or a national or regional accrediting body. No credit shall be given for any correspondence or vocational courses unless credited towards a degree by an accredited institution.

(h) No more than 80 hours of training obtained by completing the detention officer certification course, as set out in Rule .0601 of this Subchapter, shall be credited toward training points.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1990
  • Amended Eff. January 1, 2013; January 1, 2006; August 1, 1998; February 1, 1998; January 1, 1996; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2025; December 1, 2023.
12 NCAC 10B .1203 Basic Detention Officer Professional Certificate {#sec-12-ncac-10b-.1203 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1203}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. January 1, 1990
  • Amended Eff. January 1, 1996; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. August 1, 2019.
12 NCAC 10B .1204 Intermediate Detention Officer Professional Certificate {#sec-12-ncac-10b-.1204 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1204}

History

  • Status: repealed
  • Authority G.S. 17E-4(b)(1); 17E-4(b)(12)
  • Eff. January 1, 1990
  • Amended Eff. February 1, 2014; January 1, 2013; August 1, 2002; August 1, 1998; January 1, 1996; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. December 1, 2025.
12 NCAC 10B .1205 Advanced Detention Officer Professional Certificate {#sec-12-ncac-10b-.1205 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1205}

History

  • Status: repealed
  • Authority G.S. 17E-4(b)(1); 17E-4(b)(12)
  • Eff. January 1, 1990
  • Amended Eff. February 1, 2014; January 1, 2013; August 1, 2002; August 1, 1998; January 1, 1996; January 1, 1994; January 1, 1992
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. December 1, 2025.
12 NCAC 10B .1206 How to Apply {#sec-12-ncac-10b-.1206 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1206}

(a) All applicants for an award of the detention officer intermediate or advanced professional certificates shall complete the "Application for Professional Certificate/Service Award," Form F-6.

(b) Documentation of education shall be provided by copies of transcripts, diplomas, or certified letters from the accredited institution.

(c) Documentation of training shall be provided by copies of training records signed by the agency's training officer or department head, or by providing certificates of completion. No out-of-state training shall be accepted, unless the officer is employed in North Carolina as a justice officer as defined in G.S. 17E-2 during the time of training.

(d) Documentation of the applicant's length of service in North Carolina shall be based upon the Division's certification records, however, certified letters of verification of employment from present or former employers may be requested of an applicant if confirmation of dates of service is required. No out-of-state length of service shall be applicable to this certificate program.

(e) The "Application for Professional Certificate/Service Award," Form F-6, shall be signed by the department head and forwarded to the Division. Certificates shall be issued to the department head for award to the applicant.

History

  • Authority G.S. 17E-4
  • Eff. January 1, 1990
  • Amended Eff. August 1, 1998; January 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2025.
12 NCAC 10B .1301 Purpose {#sec-12-ncac-10b-.1301 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1301}

History

  • Status: expired
  • Authority G.S. 17E-4(a)
  • Temporary Adoption Eff. March 1, 1998
  • Eff. August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Expired Eff. September 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 10B .1302 Telecommunicator Certification Course {#sec-12-ncac-10b-.1302 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1302}

(a) The telecommunicator certification training program shall consist of the 47-hour Telecommunicator Certification Course developed by the North Carolina Justice Academy and approved by the Commission to ensure compliance with Paragraph (b) of this Rule.

(b) Each Telecommunicator Certification Course shall include the following identified topic areas and minimum instructional hours for each area:

(1) Orientation 2 hours

(2) Introductory Topics for the Telecommunicator 3 hours

(3) Interpersonal Communication 2 hours

(4) Civil Liability for the Telecommunicator 5 hours

(5) Telecommunications Systems and Equipment 3 hours

(6) Overview of Emergency Services 7 hours

(7) Call Reception and Prioritization 8 hours

(8) Broadcasting Techniques and Resource Allocation 7 hours

(9) Telecommunicator Training Practicum 8 hours

(10) State Comprehensive Examination 2 hours

TOTAL HOURS 47 hours

(c) No Telecommunicator Certification Course shall be offered by any agency or institution without first complying with the requirements set forth in Rules .0709 and .0804 of this Subchapter. Any agency or institution desiring to offer the Telecommunicator Certification Course shall file a Pre-Delivery Report, Form F-7A-T, with the Division.

History

  • Authority G.S. 17E-4(a)
  • Temporary Adoption Eff. March 1, 1998
  • Eff. August 1, 1998
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. November 1, 2024.
12 NCAC 10B .1303 Time Req/Completion/Telecommunicator Certification Course {#sec-12-ncac-10b-.1303 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1303}

Each telecommunicator holding probationary certification shall satisfactorily complete a commission-accredited Telecommunicator Certification Course within one year from the date of his/her appointment. Any telecommunicator who does not comply with this Rule or other training provisions of this Chapter shall not be authorized to exercise the powers of a telecommunicator. If, however, a telecommunicator has enrolled in a commission-accredited Telecommunicator Certification Course that concludes later than the end of the telecommunicator's probationary period, the Commission may extend the probationary period for a period not to exceed six months.

History

  • Authority G.S. 17E-4; 17E-7
  • Temporary Adoption Eff. March 1, 1998
  • Eff. August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. August 1, 2026; December 1, 2023.
12 NCAC 10B .1304 Evaluation for Training Waiver {#sec-12-ncac-10b-.1304 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1304}

(a) Applicants for certification with prior telecommunicating experience shall have been employed and certified in a telecommunicator position in order to be considered for training evaluation under this Rule.

(b) Persons who separated from a telecommunicator position during their probationary certification period after having completed a commission-accredited Telecommunicator Certification Course and who have been separated from a telecommunicator position for one year or less shall serve the remainder of the initial probationary period, but need not complete an additional training program.

(c) Persons who separated from a telecommunicator position during their probationary certification period without having completed a commission-accredited Telecommunicator Certification Course, or whose certification was suspended pursuant to 12 NCAC 10B .0204(b)(1), and who have remained separated or suspended for over one year shall complete a commission-accredited Telecommunicator Certification Course in its entirety and pass the State Comprehensive Examination, and shall be allowed a 12 month probationary period as prescribed in 12 NCAC 10B .1303(a).

(d) Persons previously holding grandfather telecommunicator certification in accordance with G.S. 17E-7(c1) who have been separated from a telecommunicator position for more than one year shall be required to complete a commission-accredited Telecommunicator Certification Course in its entirety and pass the State Comprehensive Examination within the 12 month probationary certification period as prescribed in 12 NCAC 10B .1303(a).

History

  • Authority G.S. 17E-4; 17E-7
  • Temporary Adoption Eff. March 1, 1998
  • Eff. August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. August 1, 2026.
12 NCAC 10B .1305 Trainee Attendance {#sec-12-ncac-10b-.1305 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1305}

(a) Each trainee enrolled in a certified "Telecommunicator Certification Course" shall attend all class sessions.

(b) The school director may recognize valid reasons for class absences and may excuse a trainee from attendance at specific class sessions. However, excused absences shall not exceed ten percent of the total class hours for the course offering, except where the absence is due to religious observance as provided for in the community college policy, in which case the absence excused may be for an additional 11.3 hours.

(c) If the school director grants an excused absence from a class session, he or she shall schedule an appropriate make-up and ensure the satisfactory completion of the classwork missed during the current course presentation or in a subsequent course delivery as is permissible under 12 NCAC 10B .1306.

(d) A trainee is not eligible to take the State Comprehensive Examination or considered to have successfully completed the course if the cumulative total of class absences, with accepted make-up work, exceeds the amount of time allowed in Paragraph (b) of this Rule. The trainee shall be terminated from further course participation by the school director at the time the trainee becomes ineligible pursuant to Paragraph (b) of this Rule.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. April 1, 2001
  • Amended Eff. August 1, 2011
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. August 1, 2026.
12 NCAC 10B .1306 Completion of Telecommunicator Certification Course {#sec-12-ncac-10b-.1306 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1306}

(a) Each trainee shall attend and satisfactorily complete an entire "Telecommunicator Certification Course" during a scheduled delivery. The school director may develop supplemental rules as set forth in 12 NCAC 10B .0709(a)(7), but may not add substantive courses, or change or expand the substance of the courses set forth in 12 NCAC 10B .1301. This Rule does not prevent the instruction on local agency rules or standards but such instruction shall not be considered or endorsed by the Commission for purposes of certification. The Director may issue prior written authorization for a specified trainee's limited enrollment in a subsequent delivery of the same course where the school director provides evidence that:

(1) the trainee attended and satisfactorily completed specified class hours and topics of the "Telecommunicator Certification Course" but through extended absence occasioned by illness, accident, or emergency was absent for more than 10 percent of the total class hours of the course offering;

(2) the trainee was granted excused absences by the school director that did not exceed 10 percent of the total class hours for the course offering and the school director could not schedule appropriate make-up work during the current course offering as specified in 12 NCAC 10B .1305(c) due to valid reasons; or

(3) the trainee participated in an offering of the "Telecommunicator Certification Course" but had an identified deficiency in essential knowledge or skill in either one or two, but no more than two, of the specified topic areas incorporated in the course content as prescribed under 12 NCAC 10B .1302(b).

(b) An authorization of limited enrollment in a subsequent course delivery may not be used by the Director unless in addition to the evidence required by Paragraph (a) of this Rule:

(1) the trainee submits a written request to the Director, justifying the limited enrollment and certifying that the trainee's participation shall be accomplished pursuant to Paragraph (c) of this Rule; and

(2) the school director of the previous school offering submits to the director a certification of the particular topics and class hours attended and satisfactorily completed by the trainee during the original enrollment.

(c) An authorization of limited enrollment in a subsequent course delivery permits the trainee to attend an offering of the "Telecommunicator Certification Course" commencing within 120 calendar days from the last date of trainee participation in prior course delivery, but only if the trainee's enrollment with active course participation can be accomplished within the period of the trainee's probationary certification:

(1) the trainee need only attend and satisfactorily complete those portions of the course which were missed or identified by the school director as areas of trainee deficiency in the proper course participation;

(2) following proper enrollment in the subsequent course offering, scheduled class attendance and active participation with satisfactory achievement in the course, the trainee would be eligible for administration of the State Comprehensive Examination by the Commission and possible certification of successful course completion; and

(3) a trainee shall be enrolled as a limited enrollee in only one subsequent course offering within the 120 calendar days from the last date of trainee participation in prior course delivery. A trainee who fails to complete those limited portions of the course after one retest shall enroll in an entire delivery of the Telecommunicator Certification Course.

(d) A trainee who has an identified deficiency or in essential knowledge or skill in three or more subject-matter or topical areas at the conclusion of the course delivery shall complete a subsequent program in its entirety.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. August 1, 2026.
12 NCAC 10B .1307 Comprehensive Written Exam - Telecommunicator Certification Course {#sec-12-ncac-10b-.1307 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1307}

(a) At the conclusion of a school's offering of the "Telecommunicator Certification Course", an authorized representative of the Commission shall administer a comprehensive written examination to each trainee who has satisfactorily completed all of the course work. A trainee shall not be administered the comprehensive written examination until such time as all course work is successfully completed.

(b) The examination shall be an objective test covering the topic areas as described in 12 NCAC 10B .1302(b).

(c) The Commission's representative shall submit to the school director within 10 days of the administration of the examination a report of the results of the test for each trainee examined.

(d) A trainee shall successfully complete the comprehensive written examination if he/she achieves a minimum of 70 percent correct answers.

(e) A trainee who has fully participated in a scheduled delivery of a commission-approved training course and has demonstrated satisfactory competence in each motor-skill or performance area of the course curriculum but has failed to achieve the minimum score of 70 percent on the Commission's comprehensive written examination may request the Director to authorize a re-examination of the trainee.

(1) A trainee's Request for Re-examination shall be made in writing on the Commission's form within 30 days after the original examination and shall be received by the Division before the expiration of the trainee's probationary certification as a telecommunicator.

(2) The trainee's request for re-examination shall include the favorable recommendation of the school director who administered the trainee's "Telecommunicator Certification Course".

(3) A trainee shall have only one opportunity for re-examination and shall satisfactorily complete the subsequent examination in its entirety within 90 days after the original examination.

(4) A trainee shall be assigned in writing by the Division a place, time, and date for re-examination.

(5) Should the trainee on re-examination not achieve the prescribed minimum score of 70 on the examination, the trainee may not be recommended for certification and must enroll and complete a subsequent course in its entirety before further examination may be permitted.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. April 1, 2001
  • Amended Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .1308 Satisfaction of Minimum Training Requirements {#sec-12-ncac-10b-.1308 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1308}

In order to satisfy the minimum training requirements for certification as a telecommunicator, a trainee shall:

(1) Achieve a score of 70 percent correct answers on the Commission-administered comprehensive written examination; and

(2) Demonstrate successful completion of a commission-approved offering of the "Telecommunicator Certification Course" as shown by the certification of the school director .

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. August 1, 2026.
12 NCAC 10B .1401 Purpose {#sec-12-ncac-10b-.1401 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1401}

History

  • Status: expired
  • Authority G.S. 17E
  • Eff. August 1, 2000
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Expired Eff. September 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 10B .1402 Eligibility for Professional Certificates {#sec-12-ncac-10b-.1402 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1402}

(a) In order to be eligible for one or more of the professional certificates, a reserve deputy sheriff shall first meet the following preliminary qualifications:

(1) be an appointed reserve deputy sheriff who holds a valid general or grandfather certification as defined in G.S. 17E-7(a). A reserve deputy sheriff serving under a probationary certification is not eligible for consideration.

(2) any reserve deputy sheriff subject to suspension or revocation proceedings, under investigation for possible decertification action, under a period of active revocation of their certification, or under probation or suspended sanction, by the Commission or the North Carolina Criminal Justice Education and Training Standards Commission, shall not be eligible for any professional certificates for the pendency of the proceedings or period of probation, suspension, or revocation;

(3) meet and maintain the requirements of certification pursuant to Rule .0301 and Section .0500 of this Subchapter;

(4) the applicant shall be a sworn law enforcement officer, as defined in Rule .0103(19) of this Subchapter, of a North Carolina sheriff's office.

(b) Only training or experience gained in an officer's area of expertise, as described in Paragraph (c) of this Rule, shall be eligible for application to this program.

(c) Certificates shall be awarded based upon a formula that combines law enforcement training and experience as a reserve deputy sheriff in a law enforcement position, as defined in Rule .0103(19) of this Subchapter. Points are computed in the following manner:

(1) a minimum of 96 hours worked as a reserve deputy sheriff over a one-year period shall equal one year of reserve service;

(2) 20 hours of law enforcement training shall equal one training point; and

(3) service as a reserve deputy sheriff in a sworn law enforcement position, as defined in Rule .0103(19) of this Subchapter. An officer who is otherwise ineligible to receive an equivalent certificate through the Professional Certificate Program for sheriffs and deputy sheriffs, as set out in Section .1000 of this Subchapter, may receive a certificate under this program. One year of full-time service may be substituted for one year of reserve service in computing eligibility under this Section.

(d) In addition to the qualifications set forth in Paragraphs (a), (b), and (c) of this Rule, applicants for the Intermediate Reserve Deputy Sheriff Professional Certificate shall have acquired the following law enforcement training points and years of service as a reserve law enforcement officer:

(1) 8 years of reserve officer law enforcement experience; and

(2) 35 minimum law enforcement training points.

(e) In addition to the qualifications set forth in Paragraphs (a), (b), and (c) of this Rule, applicants for the Advanced Deputy Sheriff Professional Certificate shall possess or be eligible to possess the Intermediate Reserve Deputy Sheriff Professional Certificate and shall have acquired the following law enforcement training points and years of service as a reserve law enforcement officer:

(1) 12 years of reserve officer law enforcement experience; and

(2) 50 minimum law enforcement training points.

(f) No more than 160 hours of training obtained by completing an accredited basic law enforcement training program required to serve in a sworn law enforcement position, as defined in Rule .0103(19) of this Subchapter, shall be credited toward training points for the Intermediate or Advanced Reserve Deputy Sheriff Professional Certificate.

History

  • Authority G.S. 17E-4
  • Eff. August 1, 2000
  • Amended Eff. January 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2025.
12 NCAC 10B .1403 Basic Reserve Deputy Sheriff Professional Certificate {#sec-12-ncac-10b-.1403 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1403}

History

  • Status: repealed
  • Authority G.S. 17E
  • Eff. August 1, 2000
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. August 1, 2019.
12 NCAC 10B .1404 Intermediate Reserve Deputy Sheriff Certificate {#sec-12-ncac-10b-.1404 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1404}

History

  • Status: repealed
  • Authority G.S. 17E
  • Eff. August 1, 2000
  • Amended Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. December 1, 2025.
12 NCAC 10B .1405 Advanced Reserve Deputy Sheriff Certificate {#sec-12-ncac-10b-.1405 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1405}

History

  • Status: repealed
  • Authority G.S. 17E
  • Eff. August 1, 2000
  • Amended Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. December 1, 2025.
12 NCAC 10B .1406 How to Apply {#sec-12-ncac-10b-.1406 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1406}

(a) All applicants for an award of the intermediate or advanced reserve officer professional certificates shall complete the "Application for Professional Certificate/Service Award," Form F-6R.

(b) Documentation of training shall be provided by copies of training records signed by the agency's training officer or department head, or by providing certificates of completion.

(c) Verification of the applicant's length of service as a reserve deputy sheriff, as required in Rule .1402(c)(1) of this Section, shall be documented by providing certified letters, signed by the employing sheriff or his or her authorized designee.

(d) The "Application for Professional Certificate/Service Award," Form F-6R, shall be signed by the department head and forwarded to the Division. Certificates shall be issued to the department head for award to the applicant.

History

  • Authority G.S. 17E-4
  • Eff. August 1, 2000
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2025.
12 NCAC 10B .1501 Purpose {#sec-12-ncac-10b-.1501 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1501}

History

  • Status: expired
  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Expired Eff. September 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 10B .1502 General Provisions {#sec-12-ncac-10b-.1502 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1502}

(a) In order to qualify for one or more of the service awards, a Reserve Justice Officer shall first meet the following preliminary qualifications:

(1) be an appointed reserve deputy sheriff, detention officer, or telecommunicator who holds a valid general or grandfather certification. A reserve officer serving under a probationary certification is not eligible for consideration. Any person subject to suspension or revocation proceedings or under investigation for possible decertification action by the Commission or the North Carolina Criminal Justice Education and Training Standards Commission shall not be eligible for any service awards for the pendency of the proceeding.

(2) be familiar with and subscribe to the Law Enforcement Code of Ethics as promulgated by the International Association of Chiefs of Police or Telecommunicator Code of Ethics as published by APCO and NENA to include any subsequent editions or modifications thereto. A copy of either Code of Ethics may be obtained at no cost from the Sheriffs' Standards Division, North Carolina Department of Justice, Post Office Box 629, Raleigh, North Carolina 27602-0629.

(b) Service Awards are based on a formula which calculates reserve service by actual participation as a reserve deputy sheriff, detention officer, or telecommunicator in law enforcement, detention, or telecommunications functions respectively. A minimum of 96 hours achieved over a one-year period of participation in law enforcement, detention or telecommunications functions by having been called into reserve duty by the appointing sheriff, shall equal one year of reserve service. Service as a reserve deputy sheriff, detention officer, or telecommunicator shall be acceptable for consideration or, an officer who is otherwise ineligible to receive an equivalent service award through the Sheriffs' and Justice Officers' Service Award Program as set out in 12 NCAC 10B .1100 may receive a service award under this program, in which one year of full-time service may be substituted for one year of reserve service, provided that the officer in question is currently employed by a sheriff's office in North Carolina in the capacity of a reserve officer.

(c) Only experience as a justice officer gained while holding certification through the Commission or while certified as a law enforcement officer through the North Carolina Criminal Justice Education and Training Standards Commission or experience as an elected or appointed Sheriff shall be acceptable for consideration.

History

  • Authority G.S. 17E
  • Eff. April 1, 2001
  • Amended Eff. January 1, 2006
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .1503 Intermediate Reserve Service Award {#sec-12-ncac-10b-.1503 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1503}

In addition to the qualifications set forth in Rule .1502 of this Section an applicant must have served a minimum of 15 years as a reserve deputy, detention officer, or telecommunicator to receive an Intermediate Reserve Service Award.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .1504 Advanced Reserve Service Award {#sec-12-ncac-10b-.1504 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1504}

In addition to the qualifications set forth in Rule .1502 of this Section an applicant must have served a minimum of 20 years as a reserve deputy, detention officer, or telecommunicator to receive an Advanced Reserve Service Award.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .1505 How to Apply {#sec-12-ncac-10b-.1505 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1505}

(a) All applicants for an award of the intermediate and advanced service award shall complete an "Application: Reserve Professional Certificate/Service Award," F-6R.

(b) Documentation of the applicant's length of service as a reserve deputy sheriff, detention officer, or telecommunicator as required in 12 NCAC 10B .1502(b)(1) shall be documented by providing certified letters, signed by the employing sheriff or his/her authorized designee.

(c) The applicant shall submit the application to the agency head who shall attach his/her recommendation and forward the application to the Division. Certificates shall be issued to the agency head for award to the applicant.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .1601 Purpose {#sec-12-ncac-10b-.1601 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1601}

History

  • Status: expired
  • Authority G.S. 17E-4
  • Eff. August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Expired Eff. September 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 10B .1602 eligibility for professional certificates {#sec-12-ncac-10b-.1602 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1602}

(a) In order to be eligible for one or more of the telecommunicator professional certificates, a telecommunicator shall first meet the following preliminary qualifications:

(1) be a full-time telecommunicator who holds a valid general or grandfather certification, as defined in G.S. 17E-7(a). A telecommunicator serving under a probationary certification is not eligible for consideration;

(2) any telecommunicator subject to suspension or revocation proceedings, under investigation for possible decertification action, under a period of active revocation of their certification, or under probation or suspended sanction, by the Commission or the North Carolina Criminal Justice Education and Training Standards Commission, shall not be eligible for any telecommunicator professional certificates for the pendency of the proceedings or period of probation, suspension, or revocation; and

(3) meet and maintain the requirements of certification pursuant to Rule .0301 and Section .1300 of this Subchapter.

(b) Employees of a North Carolina sheriff's office or other agency who have previously held general or grandfather telecommunicator certification under the Commission, but are presently, by virtue of promotion or transfer, serving in positions not subject to certification, are eligible to participate in the Professional Certificate Program. Eligibility for this exception requires continuous employment with the sheriff's office or agency from the date of promotion or transfer from a certified position to the date of application for a professional certificate.

(c) Only training and experience gained in a telecommunicator's area of expertise, as described in Paragraph (d) of this Rule, shall be eligible for application to this program.

(d) Certificates shall be awarded based upon a formula contained herein that combines formal education, training, and experience as a telecommunicator. Points are computed in the following manner:

(1) each semester hour of college credit shall equal one education point and each quarter hour of college credit shall equal two thirds of an education point. No correspondence or vocational courses shall be credited towards education points unless an accredited institution, as set out in Paragraph (g) of this Rule, credits the courses towards a degree;

(2) 20 hours of telecommunicator training shall equal one training point; and

(3) experience as a full-time telecommunicator, as defined in Rule .0103(20) of this Subchapter.

(e) In addition to the qualifications set forth in Paragraphs (a), (b), (c), and (d) of this Rule, applicants for the Intermediate Telecommunicator Professional Certificate shall have acquired the following combination of educational points or degrees, telecommunicator training points, and years of telecommunicator experience:

(f) In addition to the qualifications set forth in Paragraphs (a), (b), (c), and (d) of this Rule, applicants for the Advanced Telecommunicator Professional Certificate shall possess or be eligible to possess the Intermediate Telecommunicator Professional Certificate and shall have acquired the following combination of educational points or degrees, telecommunicator training points, and years of telecommunicator experience:

(g) Educational points or degrees claimed shall have been earned at a technical institute, technical college, community college, junior college, college or university accredited as such by the Department of Education of the state in which the institution is located, or a national or regional accrediting body. No credit shall be given for any correspondence or vocational courses unless credited towards a degree by an accredited institution.

(h) No more than 40 hours of training obtained by completing the telecommunicator certification course, as set out in Rule .1302 of this Subchapter, shall be credited toward training points.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Amended Eff. January 1, 2013
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2025.
12 NCAC 10B .1603 Basic Telecommunicator Certificate {#sec-12-ncac-10b-.1603 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1603}

History

  • Status: repealed
  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. August 1, 2019.
12 NCAC 10B .1604 Intermediate Telecommunicator Certificate {#sec-12-ncac-10b-.1604 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1604}

History

  • Status: repealed
  • Authority G.S. 17E-4(b)(1); 17E-4(b)(12)
  • Eff. April 1, 2001
  • Amended Eff. February 1, 2014; January 1, 2013; August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. December 1, 2025.
12 NCAC 10B .1605 Advanced Telecommunicator Certificate {#sec-12-ncac-10b-.1605 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1605}

History

  • Status: repealed
  • Authority G.S. 17E-4(b)(1); 17E-4(b)(12)
  • Eff. April 1, 2001
  • Amended Eff. February 1, 2014; January 1, 2013; August 1, 2002
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Repealed Eff. December 1, 2025.
12 NCAC 10B .1606 How to Apply {#sec-12-ncac-10b-.1606 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1606}

(a) All applicants for an award of the telecommunicator intermediate or advanced professional certificates shall complete the "Application for Professional Certificate/Service Award," Form F-6.

(b) Documentation of education shall be provided by copies of transcripts, diplomas, or certified letters from the accredited institution.

(c) Documentation of training shall be provided by copies of training records signed by the agency's training officer or department head, or by providing certificates of completion. No out-of-state training shall be accepted, unless the officer is employed in North Carolina as a justice officer as defined in G.S. 17E-2 during the of training.

(d) Documentation of the applicant's length of service in North Carolina shall be based upon the Division's certification records, however, certified letters of verification of employment from present or former employers may be requested of an applicant if confirmation of dates of service is required. No out-of-state length of service shall be applicable to this certificate program.

(e) The "Application for Professional Certificate/Service Award," Form F-6, shall be signed by the department head and forwarded to the Division. Certificates shall be issued to the department head for award to the applicant.

History

  • Authority G.S. 17E-4
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2025.
12 NCAC 10B .1701 Sheriff Responsibilities {#sec-12-ncac-10b-.1701 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1701}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 2005
  • Amended Eff. January 1, 2006
  • Repealed Eff. January 1, 2007.
12 NCAC 10B .1702 Instructors {#sec-12-ncac-10b-.1702 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1702}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 2005
  • Amended Eff. January 1, 2006
  • Repealed Eff. January 1, 2007.
12 NCAC 10B .1703 Minimum Training Requirements {#sec-12-ncac-10b-.1703 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1703}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 2005
  • Amended Eff. January 1, 2006
  • Repealed Eff. January 1, 2007.
12 NCAC 10B .1704 Domestic Violence in-Service Training Program Specifications {#sec-12-ncac-10b-.1704 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1704}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 2005
  • Amended Eff. January 1, 2006
  • Repealed Eff. January 1, 2007.
12 NCAC 10B .1705 Failure to Complete in-Service Domestic Violence Training Program {#sec-12-ncac-10b-.1705 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1705}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. March 1, 2005
  • Amended Eff. January 1, 2006
  • Repealed Eff. January 1, 2007.
12 NCAC 10B .1801 Sheriff Responsibilities {#sec-12-ncac-10b-.1801 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1801}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2006
  • Repealed Eff. January 1, 2007.
12 NCAC 10B .1802 Instructors {#sec-12-ncac-10b-.1802 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1802}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2006
  • Repealed Eff. January 1, 2007.
12 NCAC 10B .1803 Minimum Training Requirements {#sec-12-ncac-10b-.1803 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1803}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2006
  • Repealed Eff. January 1, 2007.
12 NCAC 10B .1804 Law Enforcement in-Service Training Program Specifications {#sec-12-ncac-10b-.1804 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1804}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2006
  • Repealed Eff. January 1, 2007.
12 NCAC 10B .1805 Failure to Complete Law Enforcement in-Service Training Program {#sec-12-ncac-10b-.1805 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1805}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2006
  • Repealed Eff. January 1, 2007.
12 NCAC 10B .1806 In-Service Training Coordinator {#sec-12-ncac-10b-.1806 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1806}

History

  • Status: repealed
  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2006
  • Repealed Eff. January 1, 2007.
12 NCAC 10B .1901 Military and military spouse transferees {#sec-12-ncac-10b-.1901 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .1901}

(a) An individual who applies for justice officer certification as a military trained applicant pursuant to G.S. 93B-15.1 shall meet and submit, along with other documentation required in Rule .0408, documentation verifying his or her compliance with the following requirements:

(1) Been awarded a military occupational specialty that is substantially equivalent to or exceeds the training requirements required for certification and performed in the occupational specialty;

(2) Completed a military program of training, completed testing or equivalent training and experience as determined by Paragraph (c) of this Rule;

(3) Engaged in the active practice of that occupation for at least two of the five years prior to the date of appointment; and

(4) Not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension or revocation of a license to practice that occupation in this State at the time the act was committed.

(b) An individual who applies for justice officer certification as a military spouse pursuant to G.S. 93B-15.1 shall meet and submit, along with other documentation required in Rule .0408, the following requirements:

(1) Hold a current license, certification or registration from another jurisdiction which is substantially equivalent to or exceeds the training requirements required for certification;

(2) Be in good standing with the issuing agency and not have been disciplined by the agency that has the jurisdiction to issue the license, certification or permit; and

(3) Demonstrate competency in the occupation by:

(A) Having completed continuing education comparable to the education and training required for the type of certification for which application is being made, as determined by Paragraph (c) of this Rule; or

(B) Having engaged in the active practice of that occupational specialty for at least two of the five years prior to the date of appointment.

(c) The Division shall review the documents received to determine if any additional training is required to satisfy the certification requirements as set out in Rule .0504 of this Subchapter. Where training provided by the military or in other states require approval of prior training, such approval by the appropriate entity shall also be documented.

(d) In the event the applicant's prior training is not equivalent to the Commission's standards, the Commission shall prescribe as a condition of certification, supplementary or remedial training deemed necessary to equate previous training with current standards.

(e) Where certifications issued by the Commission require satisfactory performance on a written examination as part of the training, the Commission shall require such examinations for the certification of military trained and military spouse applicants.

History

  • Authority G.S. 17E-4; 17E-7; 93B-15.1
  • Eff. March 1, 2014
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. December 1, 2025.
12 NCAC 10B .2001 Purpose {#sec-12-ncac-10b-.2001 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2001}

History

  • Status: expired
  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2007; February 1, 1998; January 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Expired Eff. September 1, 2025 pursuant to G.S. 150B-21.3A.
12 NCAC 10B .2002 Certification-specific programs {#sec-12-ncac-10b-.2002 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2002}

The following Justice Officer In-Service Training Programs shall be required for justice officers who are active in the certification specified:

(1) Firearms Training and Requalification for deputy sheriffs and detention officers as set out in Section .2100 of these Rules;

(2) Law Enforcement In-Service Training Program for deputy sheriffs as set out in Rule .2005 of this Section;

(3) Detention Officer In-Service Training Program as set out in Rule .2005 of this Section; and

(4) Telecommunicator In-Service Training Program as set out in Rule .2005 of this Section.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1990
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. January 1, 2007; January 1, 2006; March 1, 2005; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .2003 In-Service Training Coordinator {#sec-12-ncac-10b-.2003 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2003}

(a) If a Sheriff or Department Head chooses to conduct its own in-service training, then the Sheriff or Department Head must also appoint an "In-Service Training Coordinator" who meets the following criteria:

(1) Has four years of experience as a criminal justice officer or as an administrator or specialist in a field directly related to the criminal justice system;

(2) Holds General Instructor certification; and

(3) Has successfully participated in the "Coordinating In-Service Training" course presented by the NC Justice Academy for the purpose of familiarization with trainee and instructor evaluation.

The Sheriff or Department Head shall submit an application for such appointment to the Division for approval of this designation.

(b) An In-Service Training Coordinator shall:

(1) Administer the delivery of the course curriculum.

(2) Select and schedule instructors.

(3) Ensure that each instructor utilizes a lesson plan previously approved by the Sheriff or his or her designee.

(4) Monitor, or designate a certified instructor to monitor the presentations of instructors during course deliveries and prepare a written evaluation on their performance and suitability for subsequent instructional assignments. The observations shall be of sufficient duration to ensure the instructor is using the Instructional System Development model, as taught in Criminal Justice Instructor Training set out in 12 NCAC 09B .0209, and that the delivery is objective based, documented by and consistent with a Commission-approved lesson plan.

(5) Maintain records of all in-service training received by the agency's deputies, detention officers, and telecommunicators including:

(A) the course title;

(B) the delivery hours of course;

(C) the course delivery dates;

(D) the names and addresses of instructors utilized for each topic; and

(E) A roster of enrolled trainees documenting class attendance.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2007
  • Amended Eff. January 1, 2013
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .2004 Instructors {#sec-12-ncac-10b-.2004 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2004}

The following requirements and responsibilities are hereby established for instructors who conduct a Commission-mandated In-Service Training Program:

(1) The instructors shall:

(a) hold General Instructor Certification as issued by the North Carolina Criminal Justice Education and Training Standards Commission as set out in 12 NCAC 09B .0302, .0304, and .0306;

(b) hold Professional Lecturer Instructor certification issued by either the Commission as set out in either 12 NCAC 10B .0906 or .0916, or the Criminal Justice Education and Training Standards Commission as set out in 12 NCAC 09B .0306, or General Instructor Certification as issued by the North Carolina Criminal Justice Education and Training Standards Commission as set out in 12 NCAC 09B .0302, .0304, and .0306, when teaching a legal block of instruction;

(c) hold Professional Lecturer Instructor certification issued by the Criminal Justice Education and Training Standards Commission as set out in 12 NCAC 09B .0306, when teaching a medical or psychological block of instruction; or

(d) hold Specific Instructor Certification issued by the Criminal Justice Education and training Standards Commission when teaching the lesson plans published by the NC Justice Academy as follows:

(i) Firearms range qualification must be taught by a Firearms Instructor certified in accordance with 12 NCAC 09B .0304(f). The instructor who teaches the classroom instruction regarding use of force may either hold Professional Lecturer Certification as set out in 12 NCAC 09B .0306(a)(1); 12 NCAC 10B .0906, or .0916 or hold a Specific Certification-Firearms issued by the North Carolina Criminal Justice Education and Training Standards Commission;

(ii) Weapons Retention and Disarming Techniques must be taught by Compliance and Control Tactics Instructor certified in accordance with 12 NCAC 09B .0304(d);

(iii) Spontaneous Attack Defense and Subject Control/Arrest Techniques must be taught by a Compliance and Control Tactics Instructor certified in accordance with 12 NCAC 09B .0304(d);

(iv) Handcuffing and Impact Weapons Refresher and Compliance and Control Tactics: Equipment Retention must be taught by a Compliance and Control Tactics Instructor certified in accordance with 12 NCAC 09B .0304(d);

(v) Wellness and Stress Awareness and Health and Fitness for Detention Officers must be taught by a Physical Fitness Instructor certified in accordance with 12 NCAC 09B .0304(h);

(vi) Law Enforcement Driver Training (classroom and practical) must be taught by a Specialized Law Enforcement Driver Training Instructor certified in accordance with 12 NCAC 09B .0304(g); and

(vii) Active Shooter: Practical Refresher must be taught by a General Instructor as set out in Sub-item (1)(a) of this Rule, who has also completed the North Carolina Justice Academy's "Rapid Deployment Instructor Training Course."

In addition, each instructor certified by the Criminal Justice Education and Training Standards Commission to teach in a Commission-certified course shall remain competent in his or her specific or specialty areas. Competent includes remaining current in the instructor's area of expertise, which may be demonstrated by attending and successfully completing all instructor updates issued by the Commission.

(2) Instructors who teach a required in-service training course must achieve a passing grade on a course-specific test developed by the North Carolina Justice Academy or by the agency delivering the training. Instructors who teach a required in-service training course online, in addition to meeting the above testing requirement, must also complete the in-service training for the course he or she will be teaching. Instructors who teach an in-service training course in a traditional classroom format will receive credit toward their own in-service training requirements, provided that they pass all required tests and have their instruction documented once completed.

(3) The use of guest participants is permitted provided they are subject to the direct on-site supervision of a commission-certified instructor.

(4) The instructor shall deliver the training consistent with the specifications as established in the rules in this Section.

(5) The instructor shall document the successful or unsuccessful completion of training for each person attending a training program and forward a record of their completion to each person's Sheriff or Department Head.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2007
  • Amended Eff. January 1, 2013; February 1, 2012; January 1, 2011; March 1, 2010; January 1, 2009
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. June 1, 2026; February 1, 2023.
12 NCAC 10B .2005 Minimum Training Requirements {#sec-12-ncac-10b-.2005 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2005}

(a) A Sheriff or Department Head may use a lesson plan developed by the North Carolina Justice Academy or a lesson plan for any of the topic areas developed by another entity such as a different law enforcement agency or training provider. The Sheriff or Department Head may also use a lesson plan developed by a certified instructor, provided that the instructor develops the lesson plan in accordance with the Instructional Systems Development model as taught in Criminal Justice Instructor Training and as described in 12 NCAC 09B .0209. Lesson plans shall be designed to be delivered in hourly increments. A student who completes the training shall receive the number of credits that correspond to the number of hours assigned to the course, regardless of the amount of time the student spends completing the course, where each hour of instruction shall be worth one credit (e.g., "Legal Update" is designed to be delivered in four hours and will yield four credits). With the exception of Firearms Training and Requalification, successful completion of training shall be demonstrated by passing tests as developed by the delivering agency or as written by the North Carolina Justice Academy. A written test comprised of at least five questions per hour of training shall be developed by the delivering agency, or the agency may use the written test developed by the North Carolina Justice Academy, for each in-service training topic. A student shall pass each test by achieving 70 percent correct answers. Firearms Training and Requalification shall be demonstrated qualification with a firearm as set out in Section .2100 of this Subchapter.

(b) The in-service training for topic areas of the Sheriff's or Department Head's choosing required by this Rule shall either:

(1) meet the requirements of Paragraph (a) of this Rule; or

(2) be delivered pursuant to National Certification Programs administered by the International Association of Directors of Law Enforcement Standards and Training (IADLEST) completed during the mandated in-service year to satisfy these topics in part or in whole. It is not required that this IADLEST training be written in the Instructional Systems Design (ISD) format or delivered by a Commission certified instructor.

(c) Annual in-service training topics and credits shall be established by the Sheriffs' Education and Training Standards Commission in accordance with G.S. 17E-4.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2007
  • Amended Eff. January 1, 2018; January 1, 2017; January 1, 2016; January 1, 2015; February 1, 2014; January 1, 2013; February 1, 2012; January 1, 2011; January 1, 2010; January 1, 2009; January 1, 2008
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. January 1, 2022; January 1, 2021; January 1, 2020; August 1, 2019; January 1, 2019.
12 NCAC 10B .2006 In-Service Training Program Specifications {#sec-12-ncac-10b-.2006 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2006}

(a) Justice officers who have been active as a deputy sheriff, detention officer, or telecommunicator between January and July of each calendar year shall complete the respective In-Service Training Program(s) established by 12 NCAC 10B .2002 by the end of December of each calendar year.

(b) For each justice officer holding multiple certifications from the Commission with the same agency, the Sheriff shall designate the officer's primary duties for the purpose of selecting which one of the in-service training programs the officer shall complete for a calendar year.

(c) A justice officer who fails to complete in-service training as required, but is either separated or made inactive prior to the end of the calendar year, may be re-activated after completing the in-service training program prescribed for the year immediately preceding the year in which the officer is being activated.

(d) Persons who have prior service as a criminal justice officer as defined in 12 NCAC 09A .0103(7) between January and July of the current year, and who then become an active deputy sheriff are required to complete the in-service training program for that year, unless the person is also either a detention officer or telecommunicator with the same Sheriff's Office and the Sheriff has designated the officer's primary function to be either a detention officer or telecommunicator.

(e) Persons who have prior service as a criminal justice officer as defined in 12 NCAC 09A .0103(7) between January and July of a prior year who failed to complete in-service training for that year, shall complete the in-service training program prescribed for the year preceding the year in which the officer is being activated as a deputy, unless the person was also reported to this Commission as a telecommunicator with the same agency and completed the telecommunicator in-service training for that year.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2007
  • Amended Eff. January 1, 2015; January 1, 2013; January 1, 2010
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. February 1, 2023.
12 NCAC 10B .2007 SHERIFF/agency head RESPONSIBILITIES {#sec-12-ncac-10b-.2007 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2007}

Each Sheriff or Department Head shall ensure that the respectively required In-Service Training Program established by this Section is conducted. In addition, the Sheriff or Department Head shall:

(1) report to the Division those deputy sheriffs, detention officers and telecommunicators who are inactive;

(2) maintain a roster of each deputy sheriff, detention officer and telecommunicator who successfully completes the respectively required In-Service Training Program;

(3) report to the Division by January 15th of each year:

(a) those active telecommunicators who fail to complete the prior year's Telecommunicator Officer In-Service Training Program in accordance with 12 NCAC 10B .2012;

(b) those active detention officers who fail to complete the prior year's Detention Officer In-Service Training Program in accordance with 12 NCAC 10B .2012; and

(c) those active deputy sheriffs who fail to complete the prior year's Law Enforcement In-Service Training Program in accordance with 12 NCAC 10B .2005. The reporting shall be on a Commission form.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2007
  • Amended Eff. January 1, 2013; January 1, 2011; January 1, 2010; January 1, 2009; January 1, 2008
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .2008 Failure to Complete in-Service Training Programs {#sec-12-ncac-10b-.2008 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2008}

(a) Failure to complete the respectively required In-Service Training Program(s), except as set forth in Paragraph (c) of this Rule, in accordance with this Section shall result in the summary suspension of certification by the Commission if the Commission finds that the public health, safety, or welfare requires immediate action.

(b) Certification may be reinstated at the request of the justice officer's Sheriff/Agency Head provided the justice officer completes the respectively required In-Service Training Program within one year of the date of suspension of certification. An In-Service Training Program completed under this provision shall be credited to the prior year of non-compliance and shall not be credited toward the current year of completion.

(c) Failure to qualify a justice officer in accordance with Section .2100 of these Rules is governed by 12 NCAC 10B .2105.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2007
  • Amended Eff. January 1, 2009
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .2009 training delivery {#sec-12-ncac-10b-.2009 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2009}

The training provider shall ensure that the:

(1) training is documented by roster that includes:

(a) student names;

(b) date and time of training;

(c) instructional topic;

(d) hours taught;

(e) instructor's name; and

(f) training provider.

The training provider may also issue a certificate to the officer;

(2) training is taught by a Commission certified instructor;

(3) instructors use the lesson plans prepared by the NC Justice Academy, another entity or develop their own developed in accordance with the provisions of 12 NCAC 10B .2005(a);

(4) instructors provide each student with a copy of the student lesson plan during the course delivery; and

(5) a copy of the lesson plan(s) is maintained indefinitely by the training provider.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 2013
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .2101 Sheriff Responsibilities {#sec-12-ncac-10b-.2101 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2101}

The sheriff shall ensure that the deputy sheriffs' and detention officers' In-Service Firearms Training and Requalification Program is conducted according to minimum specifications as outlined in 12 NCAC 10B .2103 and .2104. In addition, the sheriff:

(1) shall maintain copies of each course of fire adopted for use by his department and shall make those courses available for review by the Commission's representative upon request; and

(2) shall maintain in each officer's personnel file a copy of a commission-approved Firearms Requalification Record Form which verifies that the officer did, or did not, successfully complete the minimum annual in-service firearms training requirement; and

(3) may, where the officer fails to qualify with any of the weapons specified in 12 NCAC 10B .2104 prohibit access or possession of such weapon while on duty or when acting in the discharge of that agency's official duties and may deny the officer authorization to carry such weapons concealed when off-duty, except when the officer is on his/her own premises; and

(4) shall report to the Division once each calendar year a roster of all deputy sheriffs and detention officers who fail to successfully complete the annual in-service firearms training and qualification and shall certify that all deputy sheriffs and detention officers required to qualify pursuant to 12 NCAC 10B .2104 who are not listed did successfully complete the training. This roster shall reflect the annual in-service firearms training and qualification status of all deputy sheriffs and detention officers employed by the agency as of December 31st of each calendar year and shall be received by the Division no later than the following January 15th; and

(5) shall report to the Division not later than January 15th of each calendar year a list of those deputy sheriffs and detention officers employed by the agency who are not authorized by the sheriff to carry a weapon; and

(6) may ensure that once each year all officers receive a review of departmental policies regarding the use of force. It is recommended by the Commission that all officers be tested on departmental policies.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1995; January 1, 1993
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
12 NCAC 10B .2102 Instructors {#sec-12-ncac-10b-.2102 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2102}

The following requirements and responsibilities are hereby established for instructors who conduct the Deputy Sheriffs' and Detention Officers' In-Service Firearms Training and Requalification Program:

(1) The instructor who performs the range qualification shall hold "Specific Instructor Certification-Firearms" issued by the North Carolina Criminal Justice Education and Training Standards Commission;

(2) The instructor who teaches the classroom instruction regarding use of force may either hold a Professional Lecturer Certification as set out in 12 NCAC 09B .0306(a)(1); 12 NCAC 10B .0906, or .0916 or hold a "Specific Certification-Firearms" issued by the North Carolina Criminal Justice Education and Training Standards Commission;

(3) The instructor shall deliver the training consistent with the minimum specifications as established by 12 NCAC 10B .2103 and .2104; and shall be present at all times during which said training is being conducted to personally provide all supervision, classroom training, range training, and scoring for certification purposes;

(4) The instructor shall document the successful or unsuccessful completion of training for each officer on a commission Firearms Requalification Record Form and forward such form to each officer's sheriff; and

(5) The instructor shall submit to the sheriff copies of all courses of fire used for qualification of deputy sheriffs and detention officers in compliance with 12 NCAC 10B .2101(1).

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1995; January 1, 1993; January 1, 1991
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. January 1, 2013; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. February 1, 2023.
12 NCAC 10B .2103 Minimum Training Requirements {#sec-12-ncac-10b-.2103 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2103}

In addition to conducting Annual Firearms Qualification, as prescribed in 12 NCAC 10B .2104, Specialized Firearms Instructors shall provide instruction on the following specified topics:

(1) Use of Force: the authority to use deadly force including relevant case law and materials.

(2) Safety:

(a) Range rules and regulations;

(b) Handling of a firearm; and

(c) Malfunctions.

(3) Review of Basic Marksmanship Fundamentals:

(a) Grip, stance, breath control, trigger press, and trigger reset;

(b) Sight alignment and sight picture; and

(c) Nomenclature.

(4) Operation and Maintenance of all agency-authorized weapons.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 2013; January 1, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. March 1, 2026.
12 NCAC 10B .2104 Annual Firearms Qualification Specifications {#sec-12-ncac-10b-.2104 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2104}

(a) All deputy sheriffs and detention officers who are authorized by the sheriff to carry a handgun shall qualify a minimum of once each calendar year with each department-approved service handgun by completing the Qualification courses set forth in Paragraphs (b), (c), and (e) of this Rule. For the purpose of this Rule, service handgun shall include any semi-automatic pistol or revolver.

(b) The Accuracy Qualification course of fire shall meet the following minimum requirements for Day Accuracy Qualification:

(1) No fewer than thirty (30) rounds;

(2) Firing from the three (3), five (5), seven (7), ten (10), fifteen (15), and twenty-five (25) yard lines shall consist of no more than the following percentage of shots at each yard line:

(A) 3-yard line: 10%

(B) 5-yard line: 12%

(C) 7-yard line: 30%

(D) 10-yard line: 20%

(E) 15-yard line: 25%

(F) 25-yard line: 20%

(3) Firing at least two rounds from each of the following positions:

(A) Standing;

(B) Kneeling;

(C) Barricade; and

(4) Firing at least two rounds dominant hand only;

(5) Firing at least two rounds support hand only;

(6) Fire after drawing from the holster; and

(7) At least one stage that includes a mandatory magazine change.

(c) The Accuracy Qualification course of fire shall meet the following minimum requirements for Low-Light Accuracy Qualification:

(1) No fewer than thirty (30) rounds;

(2) Firing from the three (3), five (5), seven (7), ten (10), and fifteen (15) yard lines shall consist of no more than the following percentage of shots at each yard line:

(A) 3-yard line: 13%

(B) 5-yard line: 26%

(C) 7-yard line: 24%

(D) 10-yard line: 24%

(E) 15-yard line: 24%.

(3) Firing at least two rounds from the following positions:

(A) Standing; and

(B) Kneeling.

(4) Firing at least two rounds dominant hand only;

(5) Firing at least two rounds support hand only;

(6) Firing after drawing from the holster;

(7) At least one stage that includes a mandatory magazine change;

(8) At least one stage that includes the use of a flashlight or weapon-mounted light;

(9) At least one stage that includes the use of blue lights;

(10) At least one stage that includes the use of low-beam headlights and blue lights; and

(11) At least one stage that includes the use of headlights, blue lights, and all available lighting.

(d) All deputy sheriffs and detention officers shall successfully complete a Decision Making Qualification course for both day and low-light at least once each calendar year.

(e) The Decision Making Qualification course shall meet the following minimum requirements:

(1) Day Decision Making Qualification:

(A) No fewer than three decision points within the course;

(B) Required target discrimination decision (shoot/no-shoot);

(C) Required articulation by the officer of a minimum of two decisions made during the course; and

(D) Shall contain a detailed diagram of the decision making course, with a written explanation of the course, and a scoring matrix outlining what constitutes passing and failing performance, which shall be maintained in an Annual Qualification file by the agency and made available for audit.

(2) Low-Light Decision Making Qualification:

(A) No fewer than three decision points within the course;

(B) Required target discrimination decision (shoot/no-shoot);

(C) Required use of a flashlight, weapon-mounted light, or other shooter-controlled light source;

(D) Required articulation by the officer of a minimum of two decisions made during the course; and

(E) Shall contain a detailed diagram of the decision making course, with a written explanation of the course, and a scoring matrix outlining what constitutes passing and failing performance, which shall be maintained in an Annual Qualification file by the agency and made available for audit.

(f) If a deputy sheriff's or detention officer's handgun is replaced with another service handgun of the same make and model, they shall successfully complete the Day Accuracy Qualification with the new service handgun within 15 days of issuance.

(g) All deputy sheriffs and detention officers who are issued or otherwise authorized by the sheriff to use a shotgun, rifle, or automatic weapon shall qualify with each weapon respectively, for both day and low-light use at least once each calendar year.

(h) The accuracy qualification courses required by Paragraphs (a), (b), and (c) of this Rule shall be completed with duty equipment and duty ammunition or ballistic-equivalent ammunition including lead-free ammunition that meets the same point of aim, point of impact, and felt recoil of the duty ammunition, for all weapons.

(i) All deputy sheriffs and detention officers who are issued or authorized to use a less-lethal weapon, that may also be classified as a firearm, shall qualify with each weapon, respectively, in compliance with the manufacturer's specifications or certification requirements.

(j) The accuracy qualification and decision making qualification courses required by Paragraphs (a) through (g) and (k) of this Rule shall define low-light for an outdoor range as beginning 30 minutes after sunset, based on the time provided by the U.S. Naval Observatory chart for the date of qualification, specific to the location of the outdoor range. For an indoor range, transition to low-light environment occurs by cutting off the lighting and is not defined by a specific time.

(k) All deputy sheriffs and detention officers who are authorized by the sheriff to carry off-duty handguns shall qualify with their off-duty handgun a minimum of once each calendar year pursuant to Paragraphs (a) through (e) of this Rule with each handgun the officer carries off-duty using ammunition approved by the sheriff.

(l) All deputy sheriffs and detention officers who are issued or have access to any weapons not stated in this Rule must qualify with these weapons once each calendar year using ammunition approved by the sheriff.

(m) To satisfy the requirements for all firearms accuracy qualifications, a deputy sheriff or detention officer shall attain a minimum qualification score of 80 percent accuracy with each weapon at least once in three attempts with no more than three attempts on each course of fire per day.

(n) To satisfy the requirements for all decision making qualification courses, a deputy sheriff or detention officer shall attain a passing score as outlined by the specific course scoring matrix.

(o) In cases where reduced-sized targets are used to simulate actual distances, a modified course of fire may be used.

(p) The following shall apply to each Day Accuracy Qualification course and Low-Light Accuracy Qualification course:

(1) Each course shall be completed successfully on a single day, once out of three attempts.

(2) Failure to qualify within three attempts on a single day shall be deemed a failure.

(3) Once qualification has begun, if a deputy sheriff or detention officer is unsuccessful at any qualification attempt and fails to complete three attempts in a single day, the officer shall be deemed to have failed to qualify.

(4) No practice shall be allowed once qualification begins. Practice shall not be allowed until after the officer qualifies successfully or the third qualification attempt is completed.

(5) Each course shall be completed with each weapon for which qualification is required.

(6) Each Qualification course may take place on different days; however, all three attempts to qualify for that course shall occur on the same day.

(7) Once a deputy sheriff or detention officer has failed to qualify in three attempts or failed to complete three attempts to qualify in a single day on any Qualification course, access to the weapon shall be restricted until such time the deputy sheriff or detention officer successfully qualifies with the weapon.

(q) The following shall apply to each Day Decision Making Qualification course and Low-Light Decision-Making Qualification course:

(1) Each course shall be completed successfully on a single day, once out of three attempts.

(2) Failure to qualify within three attempts on a single day shall be deemed a failure.

(3) Once qualification has begun, if a deputy sheriff or detention officer is unsuccessful at any qualification attempt and fails to complete three attempts in a single day, the officer shall be deemed to have failed to qualify.

(4) No practice shall be allowed once qualification begins. Practice shall not be allowed until after the deputy sheriff or detention officer qualifies successfully or the third qualification attempt is completed.

(5) Each qualification course may take place on different days; however, all three attempts to qualify for that course shall occur on the same day.

(6) Once a deputy sheriff or detention officer has failed to qualify in three attempts or failed to complete three attempts to qualify in a single day on any qualification course, access to the weapon shall be restricted until such time the officer successfully qualifies with the weapon.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. January 1, 1989
  • Amended Eff. January 1, 1994; January 1, 1993; January 1, 1992; January 1, 1991
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. January 1, 2011; January 1, 2006; August 1, 2002; August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. March 1, 2026.
12 NCAC 10B .2105 Failure to Qualify {#sec-12-ncac-10b-.2105 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2105}

(a) Deputy sheriffs and detention officers who fail to qualify pursuant to Rule .2104 of this Section shall surrender their weapons to the sheriff or his or her authorized designee upon failure and shall have 30 days in which to obtain the qualification score required in 12 NCAC 10B .2104.

(b) Failure to qualify within the time period allowed in Paragraph (a) of this Rule shall result in the summary suspension of the deputy sheriff's or detention officer's certification by the Commission.

(c) No deputy sheriff or detention officer summarily suspended under Paragraph (b) of this Rule and in compliance with 12 NCAC 10B .0206(a)(3) may work as a certified justice officer until:

(1) the sheriff forwards to the Commission documentary evidence verifying that the officer has complied with the requirements of 12 NCAC 10B .2103 and .2104 and

(2) the deputy sheriff or detention officer and the sheriff receive from the Commission documentation that the Commission has terminated the suspension and reinstated the certification to the deputy sheriff or detention officer.

(d) Any deputy sheriff or detention officer not previously authorized by the sheriff to carry a weapon but whose status changed to "authorized to carry a weapon," shall comply with the provisions set out in 12 NCAC 10B .2103 and .2104 and may not carry a firearm until:

(1) the sheriff forwards to the Commission documentary evidence verifying that the officer has complied with the requirements of 12 NCAC 10B .2103 and .2104; and

(2) the deputy sheriff or detention officer and the sheriff receive from the Commission documentation that the Commission has amended the officer's status to "authorized to carry a weapon" and all Commission certification files reflect the same.

History

  • Authority G.S. 17E-4; 17E-7; 17E-9
  • Eff. January 1, 1989
  • Amended Eff. March 1, 1995; January 1, 1995; January 1, 1993; January 1, 1990
  • Temporary Amendment Eff. March 1, 1998
  • Amended Eff. August 1, 1998
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018
  • Amended Eff. March 1, 2026.
12 NCAC 10B .2201 Certification Forms {#sec-12-ncac-10b-.2201 omnilex-key=us-nc-regs-official--title-12--12 NCAC 10B .2201}

(a) The following are Commission approved forms to be used by agencies in making reports, applications, or requests for certification of justice officers:

(1) Form F-1, Medical History Statement, is completed by an applicant and consists of the applicant's medical information including medication, allergies, and immunizations, present and past physical conditions, injuries, diseases, or operations.

(2) Form F-2, Medical Examination Report, is a form provided to the examining physician to record the results of the applicant's medical examination. The form consists of information about the applicant's vision, hearing, cardiovascular and circulatory health, urinalysis, TB skin test, other medical conditions relevant to the applicant's physical fitness to perform the duties of a justice officer, biographical information about the applicant, and the medical professional's recommendation and concerns as to an applicant's physical fitness to perform the duties of a justice officer.

(3) Form F-2C, Psychological Screening Examination, is a form completed by the psychologist completing the examination. The form consists of the name of the psychologist completing the examination, the psychologist's license number, date of the examination, the psychologist's recommendation of suitability, and information disclosed by the applicant involving any reported criminal offenses, drug use, involuntary commitments, or employment terminations due to misconduct or rule violations.

(4) Form F-3, the Personal History Statement, is completed by the applicant and consists of information regarding the applicant's work, residential, military, and criminal history; financial condition; and references.

(5) Form F-4 and F-4T, Report of Appointment, is completed by the reporting agency for the appointment of justice officers and shall contain a checklist indicating the applicant's progress toward completing the requirements for certification; the applicant's appointment date, position title, and status; the applicant's contact information; and prior certification history. The F-4 form is utilized for appointments as a deputy sheriff or detention officer. The form F-4T is utilized for appointments as a telecommunicator.

(6) Form F-6 and F-6R, Professional Certificate/Service Award, consists of information regarding the education, training, and experience qualifying the applicant for various levels of professional recognition under the Sheriffs' Education and Training Standards Commission's Professional Certificate Program. The F-6 form is utilized for full-time justice officers and the F-6R form is utilized for reserve justice officers.

(7) Form F-7 and F-7T, Request for Certification, is completed by institutions and agencies requesting certification to deliver Detention Officer and Telecommunicator Courses. The form consists of information regarding the institution name, institution or agency head, school director, and facilities. Form F-7 is used when requesting certification to deliver Detention Officer courses and Form F-7T is used when requesting certification to deliver Telecommunicator courses.

(8) Form F-7A and F-7A-T, Pre-Delivery Report of Training Course Presentation, is completed by the institution or agency delivering Detention Officer and Telecommunicator Training Courses and consists of information on the course delivery location, school director, class schedule, anticipated date of the State Comprehensive Exam, and any planned instructional hours exceeding the minimum requirements. Form F-7A is utilized for Detention Officer courses and Form F-7A-T is utilized for Telecommunicator courses.

(9) Form F-7B and F-7B-T, Post-Delivery Report of Training Course Presentation, is completed by the institution or agency delivering Detention Officer and Telecommunicator Training Courses and consists of information on any substitutions of instructors as originally reported on the Pre-Delivery Report, any trainees who were not recommended for the state exam due to withdrawal or deficiencies, and the students who participated in and completed the course. Form F-7B is utilized for Detention Officer courses and Form F-7B-T is utilized for Telecommunicator courses.

(10) Form F-8, the Mandated Background Investigation Form, is completed by an agency's background investigator and consists of the applicant's biographical data, family data, scholastic data, employment data, criminal history, interviews and references, and a summary of the background investigator's findings.

(11) Form F-9 and F-9T, Change in Status, is completed by the employing agency and consists of any change in status for justice officers including full-time or part-time status, active or inactive status, changes to identifying information, and changes to firearms status. Form F-9 is utilized for any change in status for justice officers appointed as a deputy sheriff or detention officer. Form F-9T is utilized for any change in status for a justice officer appointed as a telecommunicator.

(12) Form F-9A, Firearms Qualification Record, is completed by the employing agency to record the annual In-Service Firearms Training and Qualifications for justice officers who are authorized by the Sheriff to carry a shotgun, rifle, automatic weapon, or handgun. The form consists of training and qualification scores completed by the officer.

(13) Form F-16, Criminal Justice Instructor Evaluation, is completed by the Certified School Director and In-Service Coordinator of the school and consists of a rating of instructional ability, student participation, and presentation of the lesson plan by the Instructor.

(14) Form F-20, School Resource Officer Certification, is completed by an employing agency requesting certification of a justice officer as a School Resource Officer. The form consists of the officer's name, date of birth, name of agency and address, date awarded general certification, completion date of School Resource Officer training, and date assigned as a School Resource Officer.

(15) Form I-2 and I-2-T, Request for Instructor Certification, is completed by an applicant for certification as an Instructor to deliver Detention Officer and Telecommunicator courses. The form consists of information about the applicant's experience and qualifications. Form I-2 is utilized by an applicant for certification as an Instructor to deliver Detention Officer courses and Form I-2-T is utilized by an applicant for certification as an Instructor to deliver Telecommunicator courses.

(b) All forms contained in this Rule may be accessed on the agency's website at http://ncdoj.gov/law-enforcement-training/sheriffs/all-commission-forms-publications/.

History

  • Authority G.S. 17E-4; 17E-7
  • Eff. April 1, 2023
  • Amended Eff. September 1, 2024; November 1, 2023.

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