NC Register Volume 23 Issue 09 - Office of Administrative Hearings

PROPOSED RULES
12 NCAC 09C .0310 AGENCY REPORTING OF
DRUG SCREENING RESULTS
(a) Each 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 unless the positive result has been explained to the
satisfaction of the agency's medical review officer who shall be a
licensed physician.
(b) Each 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 positive result has been explained 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 12 NCAC 09B .0101(5)(a), (b),
(c), (d), and (f).
(c) For reporting purposes, a result will be considered "positive"
only in those 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 Section 12 NCAC 09B .0101(5)(d) of
these Rules.
(d) All written reports required to be submitted to the Criminal
Justice Standards Division by this Rule shall contain, at a
minimum, the individual's name, social security number, date of
birth and either the date the test was administered or the date of
the refusal.
Authority G.S. 17C-6; 17C-10.
SUBCHAPTER 09E - IN-SERVICE TRAINING
PROGRAMS
SECTION .0100 - LAW ENFORCEMENT OFFICER'S
IN-SERVICE TRAINING PROGRAM
12 NCAC 09E .0102 REQUIRED ANNUAL IN-
SERVICE TRAINING TOPICS
The following topical areas are hereby established as minimum
topics and hours to be included in the law enforcement officers'
annual in-service training program:
(1) Firearms Training and Qualification (4);
(2) Legal Update (4);
(3) Career Survival: Truth or Consequences (2);
Training and Standards Issues (2);
(4) Juvenile Minority Sensitivity: Sensitivity
Training: Effects of Juvenile Bullying (2);
Juvenile Law – In the Real World (2);
(5) Response to Critical Incidents (4); and
Domestic Violence (2);
(6) Drug Diversion for Patrol Officers (2); and
(6)(7) Department Topics of Choice (8).
Authority G.S. 17C-6; 17C-10.
12 NCAC 09E .0105 MINIMUM TRAINING
SPECIFICATIONS: ANNUAL IN-SERVICE TRAINING
The following specifications shall be incorporated in each law
enforcement agency's annual in-service training courses:
(1) Firearms:
(a) Use of Force: review the authority to
use deadly force [G.S. 15A-
401(d)(2)] including the relevant case
law and materials;
(b) Safety:
(i) range rules and regulations;
(ii) handling of a firearm; and
(iii) malfunctions;
(c) Review of Basic Marksmanship
(d)
Fundamentals:
(i)
grip, stance, breath control
and trigger squeeze;
(ii) sight and alignment/sight
picture; and
(iii) nomenclature; and
The "Specialized Firearms Instructor
Training Manual" as published by the
North Carolina Justice Academy shall
be applied as a guide for conducting
the annual in-service firearms training
program. Copies of this publication
may be inspected at the office of the
agency:
Criminal Justice Standards Division
North Carolina Department of Justice
114 West Edenton Street
Old Education Building
Post Office Drawer 149
Raleigh, North Carolina 27602;
(2) Legal Update (4);
(3) Career Survival: Truth or Consequences (2);
Training and Standards Issues (2);
(4) Juvenile Minority Sensitivity: Sensitivity
Training: Effects of Juvenile Bullying (2);
Juvenile Law – In the Real World (2);
(5) Response to Critical Incidents (4); and
Domestic Violence (2);
(6) Drug Diversion for Patrol Officers (2); and
(6)(7) Department Topics of Choice (8).
The In-Service Lesson Plans as published by the North
Carolina Justice Academy shall be applied as a
minimum curriculum for conducting the annual inservice
training program. Copies of this publication
may be inspected at the office of the agency:
Criminal Justice Standards Division
North Carolina Department of Justice
114 West Edenton Street
Old Education Building
Post Office Drawer 149
Raleigh, North Carolina 27602
and may be obtained at cost from the Academy at the following
address:
North Carolina Justice Academy
Post Office Drawer 99
23:09 NORTH CAROLINA REGISTER NOVEMBER 3, 2008
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