CHAPTER 06 - ALCOHOL LAW ENFORCEMENT
SUBCHAPTER 06A - DEFINITIONS
section .0101 – definitions to apply to this chapter
14B NCAC 06A .0101 DEFINITIONS TO APPLY TO THIS CHAPTER
The definitions listed in Rule .0002 of this Subchapter
shall apply to the words and phrases found in this Chapter. Employees shall be
governed by these definitions whenever they appear in any Alcohol Law
Enforcement rule, regulation, order, policy or directive, or in the Alcohol Law
Enforcement Manual.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1976;
Amended Eff. August 1, 1988; February 1, 1980;
Transferred from 14A NCAC 08A .0101 Eff. June 1, 2013.
14B NCAC 06A .0102 DEFINITIONS
Definitions for this Chapter are as follows:
(1) ABC Commission-N.C. Alcoholic Beverage Control
Commission established pursuant to Chapter 18B of the North Carolina General
Statutes;
(2) ABC Store. A retail establishment set up by a
local ABC Board to sell alcoholic beverages to the public;
(3) Administrative Law Judge. An employee of the
Office of Administrative Hearings appointed under G.S. 7A-753 who hears
statements from affected permittees and/or the permittees attorney, the ALE
agent, witnesses and other affected parties; and makes findings of facts and
recommendations to the ABC Commission as to whether the permittees permit
should be suspended or revoked. Also, one who holds hearings about whether a
permit should be issued.
(4) Agency Legal Specialist. Employees of the North
Carolina ABC Commission who are attorneys and who provide legal representation
for the ABC Commission at OAH Hearings. They prosecute violations of ABC Laws,
serve as legal advisors to ALE, the ABC Commission, and the industry.
(5) Agent. A duly authorized and sworn law enforcement
employee of the ALE Division; ALE Agent;
(6) Agent in Charge. An agent in charge of the Ale
Division or any organizational subdivision of the ALE Division, or any ALE
agent in charge of any special detail;
(7) Alcohol Law Enforcement. The Alcohol Law
Enforcement Division of the North Carolina Department of Crime Control and
Public Safety, including all employees, both enforcement and civilian; ALE, ALE
Division;
(8) Alcohol Violations Review Officer. An employee of
the ABC Division who reviews and approves or rejects all violations reports
filed by ALE agents and submits approved violation reports to a hearing
officer;
(9) ALE. The Alcohol Law Enforcement Division of the
North Carolina Department of Crime Control and Public Safety, including all
employees, both enforcement and civilian; ALE Division; Alcohol Law
Enforcement;
(10) ALE Agent. A duly authorized and sworn law
enforcement employee of the ALE Division; agent; employee;
(11) ALE Division. The Alcohol Law Enforcement Division
of the North Carolina Department of Crime Control and Public Safety, including
all employees, both enforcement and civilian; ALE; Alcohol Law Enforcement;
(12) Alcohol Law Enforcement Order. An inclusive term
which applies to the ALE Manual, a directive, rule, regulation, general order,
special order, administrative notice or written procedure;
(13) Assistant Supervisor. An agent who ranks below a
supervisor and above an agent. He supervises agents, assists the supervisor
and acts in the absence of the supervisor or when delegated specific authority
by the supervisor;
(14) Chain of Command. Official route of communication
from the supervisor lowest in rank through intermediate supervisors to the
highest appropriate supervisor, including the director, if appropriate;
channels;
(15) Channels. Official route of communication from the
supervisor lowest in rank through intermediate supervisors to the highest
appropriate supervisor, including the director, if appropriate; chain of
command;
(16) Chapter 18B. The chapter of the North Carolina
General Statutes which sets forth the majority of the state's statutes regulating
the sale, possession, manufacture, transportation, use and consumption of
alcoholic beverages;
(17) Civilian Employees. Persons employed by the ALE
Division who are not sworn law enforcement officers and who do not have police
powers;
(18) Complaint. An expression of dissatisfaction made by
a member of the public concerning the activities of a licensee or, when used in
the disciplinary sense, an allegation by any person alleging improper conduct
on the part of an ALE employee;
(19) Compulsory Leave Without Pay. Action taken in
temporarily removing an employee from duty as a result of his violation of ALE
policy, rules, regulations or directives, not to exceed three days;
(20) County or Municipal ABC Agent or Officer. An
employee of a local ABC Board who enforces state and local alcoholic beverage
control laws or regulations within that county;
(21) Department. The Department of Crime Control and
Public Safety;
(22) Deputy Director for Administration. One of two
agents who shares the second in command position of the ALE Division and who
may act in the absence of the director, or when delegated specific authority by
the director. This agent is in charge of administrative duties as provided by
ALE policy, rules, regulations and directives; DDA;
(23) Deputy Director for Operations. One of two agents
who shares the second in command position of the ALE Division and who may act
in the absence of the director or when delegated specific authority by the
director. His primary duties concern enforcement activities; DDO;
(24) Detail. Agents of the ALE Division grouped together
for the accomplishment of a specified official mission;
(25) Directive. A numbered, written order issued by the
director which prescribes a policy governing the operation of the ALE Division
or which outlines procedures to be followed in performing a function or duty;
(26) Director. The head of the ALE Division;
(27) Dismissal. An act which terminates the service of
an employee without the employee's consent;
(28) District. A subordinate unit of the state which
encompasses one or more counties and is supervised by a district supervisor;
(29) District Supervisor. The agent in charge of a
district;
(30) Duty Agent. The agent in charge in the absence of
the supervisor or at any other time as designated by the director, deputy
director, or district supervisor;
(31) Employee. Anyone employed by the ALE Division;
(32) Field Office. A city, a town, or a post office
designated as an agent's base of operation;
(33) Gift. Something that is bestowed voluntarily and
without compensation-for example, money, tangible or intangible personal
property, a loan, any service rendered, entertainment, or a promise, expressed
or implied, to provide any of these; gratuity;
(34) Gratuity. Something that is bestowed voluntarily
and without compensation-for example, money, tangible or intangible personal
property, a loan, any service rendered, entertainment, or a promise, expressed
or implied, to provide any of these; gift;
(35) Illegal Order. An order issued by a superior which
is not consistent with applicable laws;
(36) Insubordination. Willfully disobeying any lawful
order issued by a superior, or any disrespectful, mutinous, insolent, or
abusive language or conduct directed toward a superior;
(37) Length of Service. The length of time that an
employee has been engaged in the actual performance of ALE duty;
(38) License. A written or printed certificate which
allows a person to engage in some phase of the alcoholic beverage industry and
which may be issued by the Secretary of Revenue, by a municipality, or by a
county;
(39) Local ABC Board. Any county or municipal board of
alcoholic control established by state laws;
(40) Medical Services Director. The ALE Medical Services
Director appointed by the Secretary of Crime Control and Public Safety;
(41) Military Leave. The period of time during which an
employee is granted leave from the ALE Division when called to perform active
military service;
(42) OAH. Office of Administrative Hearings is a state
agency created by G.S. 7A-750. It is an independent quasi judicial agency
established to provide a source of independent administrative law judges to
preside in administrative cases submitted by the ABC Commission;
(43) Off Duty. Time during which an employee is
authorized to be free of the responsibility of performing routine ALE duties;
(44) Order. An instruction or directive, either written
or oral, issued by superior agents to subordinates in the course of ALE duty;
(45) Permit. A written or printed authorization to
engage in some phase of the alcoholic beverage industry which may be issued by
the ABC Commission under the provisions of Chapter 18B of the N.C. General
Statutes;
(46) Permittee. An individual, partnership or
corporation which has received a permit from the ABC Commission;
(47) Policy. A duly adopted guiding principle or course
of action designed to influence and determine decisions, actions, and
procedures;
(48) Probation. A 12-month trial period in which an
agent's fitness for membership in the ALE Division is tested; at the end of
this period, the director evaluates the performance and determines whether he
may continue as an agent of the ALE Division;
(49) Probationary Agent. Any agent who has been employed
by the ALE Division for less than the probationary period; agents are also
subject to the provisions of Chapter 126 of the General Statutes of North
Carolina and, pursuant thereto, do not become "permanent state
employees" until such time as they have been employed by the state for the
periods specified in G.S. 126-39;
(50) Procedure. The officially established method for
dealing with a given situation or performing a specific activity;
(51) Recommendation. An investigator's or supervisor's
suggested course of action which is forwarded to the appropriate supervisor
through the chain of command with a completed report of investigation;
(52) Reprimand. A formal rebuke issued to a licensee by
the ABC Commission or in the disciplinary sense, a level of disciplinary action
taken against an employee;
(53) Resignation. Voluntary termination of service by an
employee in the ALE Division;
(54) Retailer. An individual, partnership or corporation
which has received a permit from the ABC Commission to engage in some phase of
the retail alcoholic beverage industry;
(55) Retirement. Termination of active service of an
employee with the number of years of creditable service required by statute to
be eligible for retirement benefits or termination of service due to
incapacitating disability;
(56) Revocation of Permit. A cancellation of a permit by
the ABC Commission;
(57) Secretary. The Secretary of Crime Control and
Public Safety;
(58) Special Orders. A written order issued by the
director relating to personnel matters;
(59) State. The sovereign State of North Carolina;
(60) Supervisor. An agent assigned supervisory control
and direction of employees;
(61) Suspension. Action taken in removing an employee
from duty without pay in order to investigate an alleged violation of ALE policies,
rules, regulations or directives; suspension without pay may continue until a
full and final resolution of the matter is reached;
(62) Suspension of Permit. A temporary revocation of a
permit by the ABC Commission;
(63) Training Coordinator. An ALE agent whose primary
responsibility concerns research and training relating to ALE activities;
(64) Undercover Agent. An ALE agent who operates
covertly to discover violations of any ABC laws or regulations, violations of
the Controlled Substances Act, or any other violations of the criminal laws of
the state;
(65) Violation. The act of violating an ABC Commission
rule or a provision of Chapter 18B of the N.C. General Statutes;
(66) Violation Report. A report of violation written by
an ALE Agent;
(67) Wholesaler. An individual, partnership or
corporation which has received a permit from the ABC Commission to engage in
some phase of the wholesale alcoholic beverage industry.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1976;
Amended Eff. August 1, 1988; January 1, 1984; August 1,
1980; February 1, 1980;
Transferred from 14A NCAC 08A .0102 Eff. June 1, 2013.