NC Register Volume 23 Issue 09 - Office of Administrative Hearings

PROPOSED RULES
Emergency Medical Technician certification. This has been
changed to a current or previous EMT certification.
12 NCAC 09B .0502 – Added a statement that school directors
must comply with the current Course Management Guide and
with the current Basic Law Enforcement Training Instructor
Notebook.
12 NCAC 09C .0306 – Clarified that an officer must have
General Certification with the Criminal Justice Commission or
the Sheriffs' Standards Commission in order to be eligible for a
lateral transfer to another agency.
12 NCAC 09C .0310 – Added a requirement that positive results
form a drug screen, or an officer's refusal to take a drug screen,
must be reported in writing to the Standards Division within
thirty days of the positive result or the refusal.
12 NCAC 09E .0102, .0105 – The Commission has changed the
required topics for annual In-Service training for law
enforcement officers. The following topics have been removed:
Career Survival: Truth or Consequences; Juvenile Minority
Sensitivity Training: Effects of Juvenile Bullying; and Response
to Critical Incidents. The following topics have been added:
Career Survival: Training and Standards Issues; Juvenile
Minority Sensitivity Training: Juvenile Law – In the Real World;
Domestic Violence; and Drug Diversion for Patrol Officers.
12 NCAC 09G .0102 – Minor wording changes to the list
misdemeanors. Added, as disqualifier to certification, any
convictions under the Lautenberg Act, since those convictions
permanently prohibit a person form possessing a firearm or
ammunition.
12 NCAC 09G .0205 – Clarified the requirement that the
physical examination required of an applicant for a correction
officer probation/parole officer, or probation/parole –
intermediate position with the Department of Correction must be
conducted within one year of the date of hire.
12 NCAC 09G .0206 – Deleted the requirement that an
applicant not have any felony convictions within the ten year
period prior to hire and replaced with the requirement that an
applicant, or current employee, can not have been convicted of
an offense which would prohibit the possession of firearms and
ammunition. Added statement that a refusal to take, or positive
result from, an in-service drug screen can be used as lack of
good moral character.
12 NCAC 09G .0504 – Added statement that a refusal to take, or
a positive result from, an in-service drug screen can be used as
grounds to suspend, revoke, or deny certification. Added
statement that if certification had been denied, suspended, or
revoked by the Criminal Justice Commission, Sheriffs'
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 Criminal Justice
Commission, that can be used as a basis for denial, suspension,
or revocation under Criminal Justice Standards.
Procedure by which a person can object to the agency on a
proposed rule: The objection, reasons for the objection, and
the clearly indentified portion of the rule to which the objection
pertains, must be submitted in writing to Teresa Marrella,
Department of Justice, Criminal Justice Standards Division, 114
West Edenton Street, Raleigh, NC 27602.
Comments may be submitted to: Teresa Marrella,
Department of Justice, Criminal Justice Standards Division, 114
West Edenton Street, Raleigh, NC 27602, phone (919)716-6470,
fax (919)716-6752, email tmarrella@ncdoj.gov.
Comment period ends: January 2, 2009
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact: A copy of the fiscal note can be obtained from
the agency.
State
Local
Substantive (>$3,000,000)
None
CHAPTER 09 - CRIMINAL JUSTICE EDUCATION AND
TRAINING STANDARDS
SUBCHAPTER 09A - CRIMINAL JUSTICE EDUCATION
AND TRAINING STANDARDS COMMISSION
SECTION .0100 - COMMISSION ORGANIZATION AND
PROCEDURES
12 NCAC 09A .0107 RULE-MAKING AND
ADMINISTRATIVE HEARING PROCEDURES
(a) In addition to the procedures set out in G.S. 150B-20,
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;
(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.
(b) 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 Article 3A of G.S. 150B;
23:09 NORTH CAROLINA REGISTER NOVEMBER 3, 2008
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