Chapter 18 – Division of criminal information
SUBCHAPTER 18a – ORGANIZATIONAL FUNCTIONS AND DEFINITIONS
SECTION .0100 – GENERAL PROVISIONS
14B NCAC 18A .0101 scope
(a) The rules in this Chapter are the rules of the North
Carolina State Bureau of Investigation, Division of Criminal Information (DCI).
(b) The FBI Criminal Justice Information Services (CJIS)
Security Policy is incorporated by reference herein and shall automatically include
any later amendments or editions that may be published by the FBI. The policy
is available at no charge on the FBI website: http://www.fbi.gov/about-us/cjis/cjis-security-policy-resource-center/view.
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0101 Eff.
November 1, 2015.
14b NCAC 18a .0102 DEFINITIONS
As used in this Chapter:
(1) "ACIIS" means Canada's Automated Criminal
Intelligence and Information System.
(2) "Administration of criminal justice" means
the:
(a) detection of accused persons or criminal
offenders;
(b) apprehension of accused persons or criminal
offenders;
(c) detention of accused persons or criminal
offenders;
(d) pretrial release of accused persons or
criminal offenders;
(e) post-trial release of accused persons or
criminal offenders;
(f) prosecution of accused persons or criminal
offenders;
(g) adjudication of accused persons or criminal
offenders;
(h) correctional supervision of accused persons
or criminal offenders;
(i) rehabilitation of accused persons or
criminal offenders;
(j) collection of criminal history record
information;
(k) storage of criminal history record
information;
(l) dissemination of criminal history record
information;
(m) screening of persons for the purpose of criminal
justice employment; or
(n) administration of crime prevention programs
to the extent access to criminal history record information is limited to law
enforcement agencies for law enforcement programs (e.g. record checks of
individuals who participate in Neighborhood Watch or safe house programs) and
the result of such checks will not be disseminated outside the law enforcement
agency.
(3) "Advanced authentication" means an
alternative method of verifying the identity of a computer system user.
Examples include software tokens, hardware tokens, and biometric systems. These
alternative methods are used in conjunction with traditional methods of
verifying identity such as user names and passwords.
(4) "AOC" means the North Carolina
Administrative Office of the Courts.
(5) "Authorized recipient" means any person
or organization who is authorized to receive state and national criminal
justice information by virtue of being:
(a) a member of a law enforcement/criminal
justice agency approved pursuant to Rule .0201 of this Subchapter; or
(b) a non-criminal justice agency authorized
pursuant to local ordinance or a state or federal law.
(6) "CCH" means computerized criminal history
record information. CCH can be obtained through DCIN or through N-DEx.
(7) "Certification" means documentation
provided by CIIS showing that a person has been trained in the abilities of
DCIN devices, and has knowledge for accessing those programs that are developed
and administered by CIIS for local law enforcement and criminal justice
agencies.
(8) "CHRI" means criminal history record
information. CHRI is information collected by and maintained in the files of
criminal justice agencies concerning individuals, consisting of identifiable
descriptions, notations of arrest, detentions, indictments or other formal
criminal charges. This includes any disposition, sentencing, correctional
supervision, and release information.
(9) "CIIS" means Criminal Information and
Identification Section. CIIS is a section of DCI that manages all CJIS
programs within North Carolina, including DCIN.
(10) "CJI" means criminal justice information.
CJI is all of the FBI CJIS provided data necessary for law enforcement agencies
to perform their mission and enforce laws, including biometric information,
identity history person, organization, property, and case or incident history
data. In addition, CJI refers to FBI CJIS provided data necessary for civil
agencies to perform their mission including data used to make hiring decisions.
(11) "CJIS" means Criminal Justice Information
Services. CJIS is the FBI division responsible for the collection,
warehousing, and dissemination of relevant criminal justice information to the
FBI and law enforcement, criminal justice, civilian, academic, employment, and
licensing agencies.
(12) "CJIS Security Policy" means a document
published by the FBI CJIS Information Security Officer that provides criminal
justice and non-criminal justice agencies with a set of security requirements
for the access to FBI CJIS systems to protect and safeguard criminal justice
information whether in transit or at rest.
(13) "Class B misdemeanor" 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. Specifically excluded are
motor vehicle or traffic offenses designated as being misdemeanors under the
laws of jurisdictions other than the State of North Carolina with the following
exceptions: 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. "Class B 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, 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.
(14) "Convicted" or "conviction"
means, for purposes of DCIN user certification, 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.
(15) "Criminal justice agency" means the courts,
a government agency, or any subunit thereof which performs the administration
of criminal justice pursuant to statute or executive order and which allocates
more than 50 percent of its annual budget to the administration of criminal
justice. State and federal Inspector General Offices are included in this
definition.
(16) "Criminal justice board" means a board
composed of heads of law enforcement or criminal justice agencies that have
management control over a communications center.
(17) "CSA" means CJIS System Agency. The CSA
is a state, federal, international, tribal, or territorial criminal justice
agency on the CJIS network providing statewide (or equivalent) service to its
criminal justice agency users with respect to the CJIS data from various
systems managed by the FBI. In North Carolina, the CSA is the SBI.
(18) "CSO" means CJIS System Officer. The CSO
an individual located within the CSA responsible for the administration of the
CJIS network on behalf of the CSA. In North Carolina, the CSO is employed by
the SBI.
(19) "DCI" means the Division of Criminal
Information. DCI is the agency established by the Attorney General of North
Carolina in accordance with Article 3 of Chapter 114 of the North Carolina
General Statutes. The North Carolina State Bureau of Investigation's Criminal
Information and Identification Section is a part of DCI.
(20) "DCIN" means the Division of Criminal
Information Network. DCIN is the computer network used to collect, maintain,
correlate, and disseminate information collected by CIIS under Article 3 of
Chapter 114 of the North Carolina General Statutes. DCIN also provides access
to information collected by other federal, state, and local entities necessary
for the administration of criminal justice.
(21) "DCIN user" means a person who has been
certified through the DCIN certification process.
(22) "Device" means an electronic instrument
used by a DCIN user to accomplish message switching, DMV inquiries, functional
messages, or DCIN, NCIC, Nlets on-line file transactions.
(23) "Direct access" means having the authority
to:
(a) access systems managed by the FBI CJIS
Division, whether by manual or automated means, not requiring the assistance
of, or intervention by, any other party; or
(b) query or update national databases
maintained by the FBI CJIS Division including national queries and updates
automatically or manually generated by the CSA.
(24) "Disposition" means information on any
action that results in termination or indeterminate suspension of the prosecution
of a criminal charge.
(25) "Dissemination" means any transfer of
information, whether orally, in writing, or by electronic means.
(26) "DMV" means the North Carolina Division of
Motor Vehicles.
(27) "DMV information" includes vehicle
description and registration information, and information maintained on
individuals to include name, address, date of birth, license number, license
issuance and expiration, control number issuance, and moving vehicle violation
or convictions.
(28) "DOC" means North Carolina Department of
Adult Correction.
(29) "End user interface" means software that
is utilized by a certified user to connect to DCIN and perform message or file
transactions.
(30) "Expunge" means to remove criminal history
record information from the DCIN and FBI computerized criminal history and
identification files pursuant to state statute.
(31) "FBI" means the Federal Bureau of
Investigation.
(32) "FFL" means federal firearm licensee. A
FFL is any individual, corporation, company, association, firm, partnership,
society, or joint stock company that has been licensed by the federal
government to engage in the business of importing, manufacturing, or dealing in
firearms or ammunition in accordance with 18 USC § 923.
(33) "III" means Interstate Identification
Index. III is the FBI CJIS service that manages automated submission and
requests for criminal history record information.
(34) "Inappropriate message" means any message
that is not related to the administration of criminal justice.
(35) "Incident based reporting" or "I-Base"
is a system used to collect criminal offense and arrest information for each
criminal offense reported.
(36) "INTERPOL" means International Criminal
Police Organization.
(37) "N-DEx" means Law Enforcement National
Data Exchange. N-DEx is the repository of criminal justice records, available
in a secure online environment, managed by the FBI Criminal Justice Information
Services (CJIS) Division. N-DEx is available to criminal justice agencies
throughout North Carolina, and its use is governed by federal regulations.
(38) "NCIC" means National Crime Information
Center. NCIC is an information system maintained by the FBI that stores
criminal justice information which can be queried by federal, state, and local
law enforcement and other criminal justice agencies.
(39) "NFF" means the National Fingerprint
File. NFF is an FBI maintained enhancement to the Interstate Identification
Index whereby only a single fingerprint card is submitted per state to the FBI
for each offender at the national level.
(40) "Need-to-know" means for purposes of the
administration of criminal justice, for purposes of criminal justice agency
employment, or for some other purpose permitted by local ordinance, state
statute, or federal regulation.
(41) "NICS" means the National Instant Criminal
Background Check System. NICS is the system mandated by the Brady Handgun
Violence Protection Act of 1993 that is used by FFLs to instantly determine via
telephone or other electronic means whether the transfer of a firearm would be
in violation of Section 922(g) or (n) of Title 18, United States Code, or state
law, by evaluating the prospective buyer's criminal history. In North
Carolina, NICS is used by sheriff's offices throughout the state to assist in
determining an individual's eligibility for either a permit to purchase a
firearm or a concealed handgun permit.
(42) "Nlets" means the International Justice
and Public Safety Network.
(43) "Non-criminal justice agency" or "NCJA"
means any agency or sub-unit thereof whose charter does not include the
responsibility to administer criminal justice, but may need to process criminal
justice information. A NCJA may be public or private. An example is a 911
communications center that performs dispatching functions for a criminal
justice agency (government), a bank needing access to criminal justice
information for hiring purposes (private), or a county school board that uses
criminal history record information to assist in employee hiring decisions
(public).
(44) "Non-criminal justice information" means
any information or message that does not directly pertain to the necessary
operation of a law enforcement or criminal justice agency. Examples of
messages that are non-criminal justice include:
(a) accessing any DMV file for:
(i) political purposes;
(ii) vehicle repossession purposes; and
(iii) to obtain information on an estranged
spouse or romantic interest;
(b) a message to confirm meal plans;
(c) a message to have a conversation; and
(d) a message to send well wishes during a
holiday or birthday.
(45) "Official record holder" means the agency
that maintains the master documentation and all investigative supplements of a
restricted file entry or unrestricted file entry.
(46) "Ordinance" means a rule or law
promulgated by a governmental authority including one adopted and enforced by a
municipality or other local authority.
(47) "ORI" means Originating Agency Identifier,
which is a unique alpha numeric identifier assigned by NCIC to each authorized
criminal justice and non-criminal justice agency, identifying that agency in
all computer transactions.
(48) "Private contractor" means any
non-governmental non-criminal justice agency that has contracted with a
government agency to provide services necessary to the administration of
criminal justice.
(49) "Re-certification" means renewal of a user's
initial certification every two years.
(50) "Restricted files" means those files
maintained by NCIC that are protected as criminal history record information
(CHRI), which is consistent with Title 28, Part 20 of the United States Code of
Federal Regulations (CFR). Restricted files consist of:
(a) Gang Files;
(b) Known or Appropriately Suspected Terrorist
(KST) Files;
(c) Supervised Release File;
(d) Immigration Violator Files;
(e) National Sex Offender Registry Files;
(f) Historical Protection Order Files of the
NCIC;
(g) Identity Theft Files;
(i) Protective Interest File; and
(j) Person With Information (PWI) data within
the Missing Person File.
(51) "Right-to-review" means the right of an
individual to inspect his or her own criminal history record information.
(52) "SAFIS" means Statewide Automated
Fingerprint Identification System. SAFIS is a computer-based system for
reading, encoding, matching, storing, and retrieving fingerprint minutiae and
images.
(53) "SBI" means the North Carolina State
Bureau of Investigation.
(54) "Secondary dissemination" means the
transfer of CCH/CHRI information to anyone legally entitled to receive such information
that is outside the initial user agency.
(55) "SEND message" means messages that may be
used by DCIN certified users to exchange official information of an
administrative nature between in-state law enforcement/criminal justice
agencies and out-of-state agencies by means of Nlets.
(56) "Servicing agreement" means an agreement
between a terminal agency and a non-terminal agency to provide DCIN terminal
services.
(57) "State" means any state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico and any
territory or possession of the United States.
(58) "Statute" means a law enacted by a state's
legislative branch of government.
(59) "TAC" means Terminal Agency Coordinator.
A TAC is an individual who serves as a point of contact at a local agency in
matters relating to DCIN or CJIS information systems. A TAC administers CJIS
and CIIS system programs within the local agency and oversees the agency's
compliance with both CIIS rules and CJIS system policies.
(60) "Terminal agency" means any agency that
has a device under its management and control that is capable of communicating
with DCIN.
(61) "Training module" means a manual
containing guidelines for users on the operation of DCIN and providing
explanations as to what information may be accessed through DCIN.
(62) "UCR" means the Uniform Crime Reporting
program whose purpose it is to collect a summary of criminal offense and arrest
information.
(63) "Unrestricted files" means those files
that are maintained by NCIC that are not considered "Restricted Files."
(64) "User agreement" means an agreement
between a terminal agency and CIIS whereby the agency agrees to comply with all
CIIS rules.
(65) "User identifier" means a unique
identifier assigned by an agency's Terminal Agency Coordinator to all certified
DCIN users that is used for gaining access to DCIN and for identifying
certified users.
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0102 Eff.
November 1, 2015.
14b NCAC 18a .0103 FUNCTION OF DCIN
Users of DCIN may:
(1) transmit or receive any criminal justice related
message to or from any device connected to DCIN;
(2) enter into or retrieve information from North
Carolina's:
(a) recovered vehicle file;
(b) sex offender registry; and
(c) concealed handgun permit file
(3) enter into or retrieve information from DCIN user
certification and class enrollment files;
(4) enter into or retrieve information from NCIC's
restricted and unrestricted files;
(5) access NCIC's criminal history data;
(6) obtain, on a need-to-know basis, the criminal
record of an individual by inquiring into the state Computerized Criminal
History (CCH) file maintained by CIIS, or CCH files maintained by other states
and the Federal Bureau of Investigation (FBI) through III;
(7) communicate with devices in other states through
Nlets with the capability to exchange automobile registration information, driver's
license information, criminal history record information, corrections
information, and other law enforcement related information;
(8) obtain information on North Carolina automobile
registration, driver's license information and driver's history by accessing
DMV maintained files;
(9) obtain registration information on all North
Carolina registered boats, and inquire about aircraft registration and aircraft
tracking;
(10) obtain information on those individuals under the
custody or supervision of DOC; and
(11) access, enter, and modify information contained
within the National Instant Criminal Background Check System (NICS).
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0103 Eff. November
1, 2015.
SECTION .0200 – REQUIREMENTS FOR ACCESS
14b NCAC 18a .0201 ELIGIBILITY FOR ACCESS TO DCIN
(a) Only agencies that have obtained an ORI and have
complied with Rule .0202 of this Section may access DCIN.
(b) Any agency in North Carolina desiring an ORI shall make
a written request to DCI. DCI shall request an ORI from NCIC.
(c) If the request is denied by NCIC, DCI shall provide
written findings to the requesting agency detailing the reasons for the denial
and providing the requesting agency information on the necessary elements to
obtain an ORI.
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0201 Eff.
November 1, 2015.
14b NCAC 18a .0202 MANAGEMENT CONTROL REQUIREMENTS
Each device with access to DCIN and those personnel who
operate devices with DCIN access must be under the direct and immediate management
control of a criminal justice agency, criminal justice board or an FBI approved
non-criminal justice agency. The degree of management control shall be such
that the agency head, board or approved agency has the authority to:
(1) set policies and priorities concerning the use and
operation, configuration, or maintenance of devices or computer networks
accessing DCIN;
(2) hire, supervise, suspend or dismiss those personnel
who will be connected with the operation, configuration, maintenance, or use of
devices or computer networks accessing DCIN;
(3) restrict unauthorized personnel from access or use
of devices accessing DCIN; and
(4) assure compliance with all rules and regulations of
the FBI and SBI in the operation of devices with access to DCIN or use of all
information received through DCIN.
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0202 Eff.
November 1, 2015.
14b NCAC 18a .0203 NON‑TERMINAL ACCESS
(a) A non-terminal criminal justice agency may gain access
to DCIN through a criminal justice agency that has direct access to the
network. The servicing agency (agency providing access) shall enter into a
servicing agreement with the non-terminal agency (agency receiving service) as
described in Rule .0303 of this Subchapter.
(b) The agreement shall:
(1) authorize access to specific data;
(2) limit the use of data to purposes for which
given;
(3) insure the security and confidentiality of
the data consistent with these procedures; and
(4) provide sanctions for violation thereof.
(c) Access shall be granted only if the terminal agency
agrees.
(d) Any servicing agency which fails to enforce penalties
that are placed upon the non-terminal agency is in violation of this Rule and
subject to the provisions of 14B NCAC 18C .0102(e).
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0203 Eff.
November 1, 2015.
SECTION .0300 - AGREEMENTS
14b NCAC 18a .0301 USER AGREEMENT
(a) Each agency receiving access to any data provided by
FBI CJIS through DCIN shall sign a user agreement certifying that the agency
head has read and understands DCIN, NCIC, CJIS, and other applicable rules and
regulations, and that the agency head will uphold the agreement and abide by
the rules and regulations. This agreement shall be signed by the agency head
and by the North Carolina CJIS System Officer (CSO).
(b) When a new agency head is installed at an agency, a new
user agreement shall be signed by the new agency head and the CSO.
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0301 Eff.
November 1, 2015.
14b NCAC 18a .0302 SERVICING AGREEMENT
(a) Any agency authorized pursuant to Rule .0201 of this
Subchapter with a DCIN device that provides access to a non-terminal agency
shall enter into a written servicing agreement with the serviced agency. The
agreement shall include the following information:
(1) the necessity for valid and accurate
information being submitted for entry into DCIN;
(2) the necessity for documentation to
substantiate data entered into DCIN;
(3) the necessity of adopting timely measures
for entering, correcting or canceling data in DCIN;
(4) validation requirements pursuant to Rule
18B .0203 of this Chapter;
(5) the importance of confidentiality of
information provided via DCIN;
(6) liabilities;
(7) the ability to confirm a hit 24 hours a
day;
(8) the necessity of using the ORI of the
official record holder in record entries and updates; and
(9) the necessity of using the ORI of the
initial user when making inquiries.
(b) The servicing agreement must be signed by the head of
the servicing agency and the head of the non-terminal agency, notarized, and a
copy must be forwarded to CIIS by the non-terminal agency.
(c) DCI shall be notified of any cancellations or changes made
in servicing agreements by the party making the cancellation or changes.
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0302 Eff.
November 1, 2015.
14b NCAC 18a .0303 CONTROL AGREEMENTs
(a) A non-criminal justice agency designated to perform
criminal justice functions for a criminal justice agency is eligible for access
to DCIN.
(b) A written management control agreement shall be entered
into between a law enforcement agency and a 911 communications center when
management control of the 911communications center will be under an entity
other than the law enforcement agency. The agreement shall state that
requirements of Rule .0202 of this Subchapter are in effect, and shall
stipulate the management control of the criminal justice function remains
solely with the law enforcement agency.
(c) A written management control agreement shall be entered
into between a law enforcement agency and their governmental information
technology (IT) division when the information technology role will be under an
entity other than the law enforcement agency. The agreement shall state that
the requirements pursuant to Rule .0202 of this Subchapter are in effect, and
shall stipulate that the management control of the criminal justice function
remains solely with the law enforcement agency.
(d) A written agreement shall be entered into between a law
enforcement agency and a private contractor when the private contractor
configures or supports any device or computer network that stores, processes,
or transmits criminal justice information. The written agreement must
incorporate the most current version of the CJIS Security Addendum. The CJIS
Security Addendum may be found in the current CJIS Security Policy.
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0303 Eff.
November 1, 2015.
14b NCAC 18a .0304 DISCLOSURE AGREEMENT
(a) A written disclosure agreement shall be entered into
between the SBI and any individual or agency seeking access to DCI-maintained
criminal justice information for purposes of research.
(b) The disclosure agreement shall state that each
participant and employee of every program of research with access to
computerized information is aware of the issues of privacy and the limitations
regarding the use of accessed information, and that he or she is bound by CIIS
rules concerning these issues pursuant to Rule 18B .0407 of this Chapter.
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0304 Eff.
November 1, 2015.
SECTION .0400 – STANDARDS AND CERITIFICATION AS A DCIN USER
14B NCAC 18A .0401 DCIN users
(a) Prior to receiving certification as a DCIN user, and as
a condition for maintaining certification as a DCIN user, each applicant or
user shall be a citizen of the United States.
(b) The applicant or certified user shall be at least 18
years of age.
(c) An individual is eligible to attend certification class
and become a DCIN user only if employed by and under the management control of
an agency as described in Rule .0201 of this Subchapter and only after the
individual has had a fingerprint-based criminal records search completed by the
employing agency indicating that the individual has not been convicted of a
criminal offense described in Paragraph (d) or (e) of this Rule.
(d) A conviction of a felony renders an applicant or
certified DCIN user permanently ineligible to hold such certification.
(e) A conviction of a crime or unlawful act defined as a
Class B misdemeanor renders an applicant ineligible to become certified as a
DCIN user when such conviction is within 10 years of the applicant's date of request
for DCIN certification. Existing DCIN users convicted of a crime or unlawful
act defined as a Class B Misdemeanor while holding certification are ineligible
to maintain such certification for a period of 10 years following such
conviction. An applicant or certified DCIN user is permanently ineligible to
hold such certification upon conviction of two or more Class B misdemeanors
regardless of the date of conviction.
(f) No applicant for certification as a DCIN user is
eligible for certification while the applicant is subject to pending or
outstanding criminal charges, that, if the applicant were convicted, would
disqualify the applicant from holding such certification.
(g) No DCIN user is eligible to access DCIN while the user
is subject to pending or outstanding criminal charges, that, if the applicant
were convicted, would disqualify the user from access.
(h) An employee assigned as a DCIN user and who currently
holds valid certification as a sworn law enforcement officer with the powers of
arrest through either the North Carolina Criminal Justice Education and
Training Standards Commission or the North Carolina Sheriff's Education and
Training Standards Commission is not subject to the criminal history record and
background search provisions of this Rule.
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0401 Eff.
November 1, 2015.
14B NCAC 18A .0402 CERTIFICATION AND RECERTIFICATION OF DCIN
users
(a) Personnel who are assigned the duty of using a DCIN
device shall be certified within 120 days from employment or assignment to user
duties. Certification shall be awarded based on achieving a test score of 80
percent or greater in each training module for which the user is seeking
certification.
(b) All DCIN users shall be certified by DCI. The initial
certification of a user shall be awarded upon attending the "DCIN/NCIC
General Inquiries" module class, and achieving a passing score on the
accompanying test offered through the DCIN end user interface. A student may
also take one or more additional module training classes offered by DCI, which
teach the specific functions of DCIN applicable to their job duties. A user
may perform only those functions in which they have been trained and certified.
(c) Tests for modules in which a student is seeking initial
certification shall be taken within 15 days of the end of the class, and may be
open-book. If a student fails the initial certification test they shall have
until the 15th day to pass the test, but shall wait at least 24 hours between
the failed test and the next attempt. A student shall have a maximum of three
attempts to pass the test. If the student fails to achieve a passing score
after the third attempt the user shall re-take the module training class.
(d) Recertification requires achieving a test score of 80
percent or higher on the test corresponding to the module for which the user is
seeking recertification, and may be accomplished by taking the test through the
DCIN end user interface. Recertification is required every two years for each
module in which the user is certified and may be obtained any time 30 days
prior to or 90 days after expiration.
(e) Tests for modules in which the user is seeking
recertification shall be taken within 30 days prior to expiration or within 90
days after expiration, and may be open-book. If the user fails the
recertification test the user shall have up to the 90th day after expiration to
pass the test, but shall wait at least 24 hours between the failed test and the
next attempt. A user shall have a maximum of three attempts to pass the test.
If the user fails to achieve a passing score after the third attempt the user
shall re-take the training module class. If a user fails to recertify in any
module after the 90th day the user must attend the module training class for
the module in which the user seeks recertification and achieve a passing score
on the test.
(f) Personnel newly hired or assigned to duties of a
terminal user shall receive an indoctrination on the basic functions and
terminology of DCIN by their own agency prior to attending an initial certification
class. Such personnel may operate a DCIN device during the indoctrination if they
are directly supervised by a certified user and are within the 120-day training
period.
(g) Any user whose Module 1 certification has expired may
recertify up to 90 days after the user's expiration. The individual shall not
use any device connected to DCIN during the time between expiration and passing
the recertification test(s). Any user whose Module 1 certification has expired
more than 90 days shall attend and successfully complete the "DCIN/NCIC
General Inquiries" class.
(h) When a DCIN certified user leaves the employment of an
agency, the TAC shall notify DCI within 24 hours, and disable the user's user
identifier. DCI shall move user's user identifier to an inactive status until
such time the user is employed by another agency.
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0402 Eff.
November 1, 2015.
14B NCAC 18A .0403 Enrollment
(a) Enrollment is necessary for student attendance at any
training for DCIN users. Enrollment shall be requested and approved by the
agency TAC and personnel must meet the management control requirements outlined
in Section .0200 of this Subchapter.
(b) DCI shall maintain enrollment for all certification
classes.
(c) Enrollment shall be done by an automated method
provided by DCI.
History Note: Authority G.S. 114-10; 114-10.1;
Eff. August 1, 2014;
Transferred and Recodified from 12 NCAC 04H .0403 Eff.
November 1, 2015.
