NC Register Volume 23 Issue 09 - Office of Administrative Hearings

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PROPOSED RULES (2) insofar as relevant, the Rules of Civil Procedure as contained in G.S. 1A-1; (3) insofar as relevant, 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. (c) The rules establishing procedures for contested cases adopted by the Office of Administrative Hearings as contained in Title 26, Chapter 3 of the North Carolina Administrative Code are hereby adopted by reference for contested cases for which this agency has authority to adopt rules under G.S. 150B-38(h). All such adoptions by reference shall automatically include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6. (d) Provided, however, that 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 Title 26, Chapter 3 of the North Carolina Administrative Code. Code and that 26 NCAC 3 .0001(2); .0002(a)(1); and .0003(b) shall not apply. (e) An applicant for certification or a certified officer shall have 60 30 days from the date of receipt of a notice of proposed action by the Commission to request a contested case hearing. Authority G.S. 17C-6; 150B-20; 150B-21.6; 150B-38(h); 150B- 40. SECTION .0200 - ENFORCEMENT OF RULES 12 NCAC 09A .0204 SUSPENSION: REVOCATION: OR DENIAL OF CERTIFICATION (a) The Commission shall revoke the certification of a criminal justice officer when the Commission finds that the officer has committed 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 enrolled in and satisfactorily completed the required basic training course in its entirety within prescribed time periods relevant or applicable to a specified position or job title; (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 as a Class B misdemeanor; or (B) four or more criminal offenses or unlawful acts defined in 12 NCAC 09A .0103 as a Class A misdemeanor, each of which occurred after the date of initial certification; (4) has been discharged by a criminal justice agency for commission or conviction of: (A) a motor vehicle offense requiring the revocation of the officer's driver's license; or (B) any other offense involving moral turpitude; (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 of any information required for certification or accreditation; (7) has knowingly and willfully, by any means of false pretense, deception, defraudation, misrepresentation or cheating whatsoever, 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 whatsoever, 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(8); (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; (12) has refused to submit to an applicant or lateral transferee drug screen as required by these Rules; Rules, or has refused to submit to an inservice drug screen pursuant to the guidelines set forth in the Drug Screening Implementation Guide as required by the agency through which the officer is certified; (13) has produced a positive result on a drug screen reported to the Commission as specified in 12 NCAC 09C .0310, where the positive result cannot be explained to the Commission's satisfaction; (14) has been denied certification or had such justice officer certification suspended or revoked by the North Carolina Sheriffs' Education and Training Standards Commission; Commission, the North Carolina Criminal Justice Education and Training Standards Commission; the North Carolina 23:09 NORTH CAROLINA REGISTER NOVEMBER 3, 2008 742
PROPOSED RULES Company/Campus Police Program; or a similar North Carolina, out of state or federal approving, certifying or licensing agency; or (15) has performed activities or duties for which certification by the Commission is required without having first obtained the appropriate certification. 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. (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. Authority G.S. 17C-6; 17C-10. SUBCHAPTER 09B - STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT: EDUCATION: AND TRAINING SECTION .0100 - MINIMUM STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT 12 NCAC 09B .0111 MINIMUM STANDARDS FOR LAW ENFORCEMENT OFFICERS In addition to the requirements for criminal justice officers contained in Rule .0101 of this Section, every law enforcement officer employed by an agency in North Carolina shall: (1) not have committed or been convicted of: (a) (b) (c) (d) (e) a felony; or a crime for which the punishment could have been imprisonment for more than two years; or a crime or unlawful act defined as a "Class B misdemeanor" within the five year period prior to the date of application for employment; or four or more crimes or unlawful acts defined as "Class B misdemeanors" regardless of the date of conviction; or 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 application for employment; (f) an offense that, proscribed by 18 USC 922(g)(8), would prohibit the possession of a firearm and/or ammunition; (2) be a high school graduate or have passed the General Educational Development Test indicating high school equivalency; and (3) satisfactorily complete the employing agency's in-service firearms training program as prescribed in 12 NCAC 9E .0105 - .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 department-approved service handgun(s) and any other weapon(s) that the applicant has been issued or authorized to use by the agency. Note: Although not presently required by these Rules, the Commission recommends that, on the date of employment or within 24 months thereafter, every candidate for employment as a law enforcement officer have completed no less than six semester units or nine quarter units of educational credit at an accredited institution of higher education. Authority G.S. 17C-6; 17C-10. SECTION .0200 – MINIMUM STANDARDS FOR CRIMINAL JUSTICE SCHOOLS AND CRIMINAL JUSTICE TRAINING PROGRAMS OR COURSES OF INSTRUCTION 12 NCAC 09B .0202 RESPONSIBILITIES OF THE SCHOOL DIRECTOR (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. The "Criminal Justice Instructor Training Course" shall be presented with 40 hours of instruction each week during consecutive calendar weeks until course requirements are completed; (2) Select and schedule instructors who are currently certified by the Commission; (3) Provide each instructor with a current Commission course outline and all necessary additional information concerning the instructor's duties and responsibilities; (4) Notify each instructor that they must comply with the Basic Law Enforcement Course Management Guide and provide them access to the most current version of the Course Management Guide; (4)(5) Review each instructor's lesson plans and other instructional materials for conformance to Commission standards and to minimize repetition and duplication of subject matter; (5)(6) Arrange for the timely availability of appropriate audiovisual aids and materials, publications, facilities, and equipment for training in all topic areas; (6)(7) 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; 23:09 NORTH CAROLINA REGISTER NOVEMBER 3, 2008 743
Page 1 and 2: NORTH CAROLINA REGISTER VOLUME 23
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Page 7 and 8: IN ADDITION RESOLUTION APPROVING WA
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Page 15 and 16: PROPOSED RULES 02 NCAC 09L .0803 ST
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Page 29 and 30: PROPOSED RULES Authority G.S. 17C-6
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APPROVED RULES (d) The chamber shal
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APPROVED RULES one bed shall not be
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APPROVED RULES (e) A governmental a
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APPROVED RULES (4) signed statement
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APPROVED RULES Eff. February 1, 198
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APPROVED RULES Eff. October 1, 2008
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APPROVED RULES (C) (D) demographic
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APPROVED RULES History Note: Author
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APPROVED RULES evaluate and reduce
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APPROVED RULES History Note: Author
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APPROVED RULES provisions of Chapte
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APPROVED RULES (13) "Owner" means a
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APPROVED RULES which shall be maint
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APPROVED RULES (6) ensure that the
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APPROVED RULES (3) the process for
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APPROVED RULES (1) Direct care serv
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APPROVED RULES with a specific effo
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APPROVED RULES medical examination
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APPROVED RULES damaged, adulterated
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APPROVED RULES (C) (D) (E) (F) the
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APPROVED RULES 10A NCAC 70I .0708 L
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APPROVED RULES (f) A room where acc
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APPROVED RULES (c) Air conditioning
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APPROVED RULES site and frequency,
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APPROVED RULES monitoring the work
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APPROVED RULES (2) a summary of the
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APPROVED RULES 10A NCAC 70K .0207 C
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APPROVED RULES (h) The applicant fo
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APPROVED RULES 10A NCAC 70K .0313 F
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APPROVED RULES safety or well being
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APPROVED RULES (b) The application
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APPROVED RULES Alliance of Public H
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APPROVED RULES gear and within 100
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APPROVED RULES (b) Fish habitat are
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APPROVED RULES Commercial Gear Lice
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APPROVED RULES established bed of s
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APPROVED RULES (4) Tags shall conta
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APPROVED RULES Boat and Head Boat)
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APPROVED RULES (b) Persons holding
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APPROVED RULES 15A NCAC 03O .0402 A
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APPROVED RULES 15A NCAC 03R .0117 O
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APPROVED RULES Amended Eff. October
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RULES REVIEW COMMISSION Out of Cycl
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RULES REVIEW COMMISSION Amend/* The
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RULES REVIEW COMMISSION Repeal/* Th
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RULES REVIEW COMMISSION Separation:
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CONTESTED CASE DECISIONS A list of
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CONTESTED CASE DECISIONS One Love D
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CONTESTED CASE DECISIONS Stridemark
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NC Register Volume 23 Issue 09 - Office of Administrative Hearings

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