Section .0100 – General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 14b - public safety/chapter 18 - division of criminal information/subchapter a/subchapter a rules.html
Published: 2015

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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.