section .0101 – definitions to apply to this chapter

Link to law: http://reports.oah.state.nc.us/ncac/title 14b - public safety/chapter 06 - alcohol law enforcement/subchapter a/subchapter a rules.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
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.