SUBCHAPTER 06C - ADMINISTRATION: INVESTIGATION: AND
ENFORCEMENT
SECTION .0100 - GENERAL RESPONSIBILITIES
14B NCAC 06C .0101 ALE DIVISION STATUTORY RESPONSIBILITIES
The North Carolina General Statutes charge ALE with the
responsibility of enforcing the provisions of Chapter 18B and Article 5 of
Chapter 90 governing the sale, purchase, transportation, manufacture, and
possession of alcoholic beverages and controlled substances in the state. ALE
may perform such other duties as directed by the secretary and as required for
the enforcement of the rules and regulations of the ABC Commission. ALE is
also charged with serving and executing the notices, orders, and demands of the
ABC Commission.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. January 1, 1984;
Transferred from 14A NCAC 08H .0101 Eff. June 1, 2013.
14B NCAC 06C .0102 APPLICABILITY OF
THIS SUBCHAPTER
This Subchapter, in addition to any lawful orders and
directives issued by the secretary or director, sets forth ALE policy and procedure
applicable to official ALE enforcement duties.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Transferred from 14A NCAC 08H .0102 Eff. June 1, 2013.
SECTION .0200 - PERMIT: APPLICATIONS AND INVESTIGATIONS
14B NCAC 06C .0201 ISSUANCE OF PERMIT APPLICATION
An employee shall issue an appropriate ABC Permit
Applications upon the request of any person. Employees shall not refuse
requests for applications even if the employee knows the person or
establishment does not meet the statutory or administrative requirements.
Employees shall completely and fully explain to each applicant the information
required by the form, the supporting documents required, and the type and
nature of any fees required to be submitted with the application.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .0201 Eff. June 1, 2013.
14B NCAC 06C .0202 RECEIPT OF COMPLETED APPLICATIONS FROM
ABC COMMISSION
Upon receiving an ABC Permit Application, the ABC Commission
will date, record, and forward the application to ALE for investigation. The
agent assigned to the investigation shall log the date it was received from the
ABC Commission on the application log. Upon completion of the investigation,
the agent shall log the date the investigation was completed in the application
log and mail the application, typed investigative report, and all supporting
documents to the ABC Commission. An agent shall complete all investigations
and forward all completed reports to the ABC Commission within three weeks of
the date of receipt by the ABC Commission as indicated on the application
form. In unusual circumstances, the agent may request an extension of time to
complete an investigation. An agent shall completely and thoroughly report
every investigation to the ABC Commission on the appropriate ABC Commission
form.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0202 Eff. June 1, 2013.
14B NCAC 06C .0203 CONDUCT OF THE PERMIT INVESTIGATION:
APPLICANTS
All permit applicants shall be interviewed. Non-resident
officers, directors or persons owning more than twenty-five percent of the
stock of a corporation need not be personally interviewed, but the required
information may be obtained by mail or telephone. The agent shall attempt to
determine each applicant's character and reputation in the community and shall
make a complete criminal history check. He shall obtain out-of-state criminal
checks when applicable. The agent shall determine from the applicant whether or
not he previously held a permit at any time and shall investigate the operating
history of the applicant under any and all prior permits.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984; April 1,
1980;
Transferred from 14A NCAC 08H .0203 Eff. June 1, 2013.
14b NCAC 06C .0204 CONDUCT OF THE PERMIT INVESTIGATION:
PREMISES
The agent shall physically inspect the premises for which
the applicant seeks a permit. He shall determine whether the applicant owns or
leases the premises and shall sketch the physical layout of the facility to
include parking lots or similar areas, if they are integral parts of the
business. The sketch shall include the approximate dimensions of the licensed
area. The final report shall include a copy of the sketch. The agent shall
physically inspect the premises and note such characteristics as required to
determine the suitability of the location and as directed by the division. The
agent shall specifically note the proximity of the premises to schools,
churches, and other outlets. He shall determine if the location has previously
housed a licensed outlet and, when applicable, determine the operating history
of that outlet.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0204 Eff. June 1, 2013.
14B NCAC 06C .0205 LOCAL OPINION FORMS
As part of the investigation, when appropriate, the agent
shall serve, personally or by mail, designated local officials with local
opinion forms. He shall inform each local official, at the time of service,
the forms should be completed and returned to the agent within ten days or the
ABC Commission will presume local consent to the permit. He shall make every
reasonable effort to obtain the completed original form from the local official
and return it with his investigative report.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0205 Eff. June 1, 2013.
14B NCAC 06C .0206 SUBMISSION/INVESTIGATIVE REPORT:
ADDITIONAL INVESTIGATIONS
The agent shall complete the investigative report and
exhibits on such forms and in such a manner as directed by the director. He
shall review the completed, typed report, as well as any and all attachments
and exhibits. Upon determining that the report is correct and thorough, he
shall sign and date the report and forward the complete package to the ABC
Commission. He shall conduct additional investigations or complete a
supplemental report when requested by the ABC Commission.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0206 Eff. June 1, 2013.
14B NCAC 06C .0207 NOTIFICATION OF REJECTION: REVIEW OF
INVESTIGATION
Upon rejection of a permit application, the ABC Commission
will mail to the agent a copy of the official notice of rejection. The agent
shall, upon receipt of the notice, review the application investigation to
determine if the reasons for rejection as stated in the notice are consistent
with the findings contained in the investigative report. Should he detect any discrepancies,
he shall immediately contact his supervisor and inform him of the
inconsistencies. The supervisor shall immediately inform the ABC Commission of
the agent's findings.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0207 Eff. June 1, 2013.
SECTION .0300 - OUTLET OBSERVATIONS AND INSPECTIONS
14B NCAC 06C .0301 PURPOSE
An agent shall use the observation and inspection of
licensed premises to acquaint himself with the permittee and his operations, to
improve the permittee's knowledge of the ABC law and ABC Commission rules and
to promote and ensure compliance with those laws and rules. An agent shall,
through inspections, familiarize himself with every permittee, his employees,
and with the outlet's operating practices.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0301 Eff. June 1, 2013.
14B NCAC 06C .0302 FREQUENCY
An agent shall physically visit each outlet in his assigned
area at least once every 12 months. He shall inspect and observe more
frequently outlets which generate complaints or which have histories of
repeated law or rule violations occurring on or about the premises. He shall
make a repeat inspection of outlets in which earlier inspections revealed
possible unlawful conduct or violations of ABC Commission rules.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0302 Eff. June 1, 2013.
14B NCAC 06C .0303 TYPES OF inspections AND OBSERVATIONS
(a) Routine Outlet Checks. A routine outlet check is an
informal visit with the permittee and his employees and an observation of the
premises and its operations. An agent shall perform a routine outlet check on
every outlet in his assigned area at least once every 12 months. He shall
visit outlets with violation histories on a more frequent basis. The routine
outlet check shall familiarize the agent with the permittee, his employees, and
his operating practices. An agent shall use this opportunity to familiarize the
permittee and his employees with Chapter 18B and ABC Commission rules. He shall
observe the premises' operations and its patrons and shall take appropriate
enforcement action when observing law or rule violations. He shall conduct
routine outlet checks in accordance with ALE directives.
(b) Written Inspections. A written inspection is a formal,
documented examination of a permittee's books, records, receipts and invoices,
as well as a documented physical inspection of the premises and its operations.
An agent shall complete the appropriate written inspection report, obtain the
owner or operator's signature on the completed form, and leave a copy with
him. The original and additional copies shall be processed in accordance with
ALE directives. An agent shall conduct a written inspection of each outlet in
his assigned area at least once every 12 months. He may conduct additional
written inspections when he has reason to believe that discrepancies in the
permittee's books, records, invoices, receipts, advertising, premises or
operations may exist, or upon order of the district supervisor. He shall take
appropriate enforcement action upon discovering law or ABC Commission rule
violations.
(c) Outlet Surveillance. An outlet surveillance is an
observation of a licensed outlet without the knowledge of the permittee or his
employees. An agent shall perform outlet surveillance when he has reason to
believe violations of law or ABC Commission rules are occurring and these
violations would not be detected in a routine outlet check or in the course of
a written inspection. An agent shall carry out surveillance as required in the
performance of his duties and consistent with ALE directives. He shall make
and file a written report of every outlet surveillance conducted (AL-39 if no
violations or unusual discrepancies noted). He shall take appropriate
enforcement action upon observing violations of Chapter 18B or ABC Board rules
consistent with the purpose and intent of the surveillance.
(d) Covert Inspection. A covert inspection is an
observation carried out on or about the licensed premises during which the
identity and position of the agent is not disclosed or known to the permittee,
his employees, and patrons. An agent shall conduct a covert inspection when he
has reasons to believe a permittee, his employees, or patrons are engaged in
violations of the criminal laws or ABC Commission rules and he cannot detect
such violations or gather sufficient evidence thereof in any other manner. An
agent shall take appropriate enforcement action upon observing violations of
the criminal law or ABC Commission rules consistent with ALE rules and
directives and consistent with the purpose and intent of the inspection. Any
covert inspection requiring an agent to travel outside his district of
assignment shall be handled administratively as an undercover operation in
accordance with ALE directives and policies.
(e) Overt Inspections. An overt inspection is an outlet
inspection conducted during the permittee's business hours in which the agent
identifies himself to the permittee, his employees, and patrons and informs
them he is conducting an inspection. An agent shall conduct overt inspections
when he has knowledge of repeated violations of criminal laws or ABC Commission
rules involving permittee-patron or patron-patron activity at a particular
location, or when, due to repeated, documented incidents at the location, the
agent has reason to believe such activity is occurring. An agent shall conduct
overt inspections consistent with ALE rules and directives. Upon observing
violations of the criminal law or ABC Commission rules, he shall take immediate
enforcement action consistent with ALE rules and directives.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984; April 1,
1980;
Transferred from 14A NCAC 08H .0303 Eff. June 1, 2013.
SECTION .0400 - ENFORCEMENT ACTIONS
14B NCAC 06C .0401 POLICY
Upon learning facts sufficient to establish probable cause
to believe a violation of Chapter 18B or ABC Commission rules has occurred or
is occurring, an agent shall take immediate enforcement action as described in
this Section. An agent need not take immediate enforcement action when to do so
would jeopardize the safety of individuals or jeopardize the course of an investigation.
An agent shall take no enforcement action which he knows or has reason to
believe is unlawful or unauthorized.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0401 Eff. June 1, 2013.
14B NCAC 06C .0402 ORAL WARNING
(a) Definition. An oral warning is a verbal communication
to a permittee, pointing out to him a possible violation of Chapter 18B or a
violation of ABC Commission rules (04 NCAC 02).
(b) Contents. The oral warning shall be directed to the
permittee and shall:
(1) indicate the date, time, and location of
the agent's observation;
(2) contain a brief statement of the facts
setting forth the nature of the incident;
(3) indicate which statute or rule may have
been fringed;
(4) state any action which the permittee should
take to correct the alleged violation; and
(5) indicate that repeated conduct of this
nature could result in more severe action.
(c) When Issued. An agent shall issue an oral warning upon
observation of an irregularity or an unintentional or technical minor violation
of Chapter 18B or ABC Commission rules.
(d) Method of Issuance. Upon learning sufficient facts to
establish a reasonable belief a violation occurred, an agent shall politely,
but firmly, inform the permittee as provided in (b) of this Regulation and make
a notation in his outlet file (AL-39) of the information set forth in (b) of
this Regulation together with the fact that he issued the oral warning.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0402 Eff. June 1, 2013.
14B NCAC 06c .0403 WRITTEN WARNING
(a) Definition. A written warning is a written
communication to a permittee advising him he is allowing or engaging in a
possible violation of Chapter 18B or of ABC Commission rules (04 NCAC 02).
(b) Contents. The written warning shall be directed to the
permittee and shall:
(1) indicate the date, time, and location of
the agent's observation;
(2) contain a brief statement of the facts
setting forth the nature of the incident;
(3) indicate which statute or rule may have
been fringed;
(4) state any action which the permittee might
take to correct the problem.
(c) When Issued. An agent shall issue a written warning
upon observing a condition or situation which prompted an earlier oral warning
or when an agent observes an intentional but technical violation of Chapter 18B
or ABC Commission rules concerning which the permittee had not been earlier
warned.
(d) Method of Issuance. Upon learning facts sufficient to
establish a reasonable belief a violation has occurred, an agent shall inform
the permittee that he has detected a violation or has information from
specified witnesses a violation occurred and he may then immediately serve a
written warning upon the permittee. If the written warning is not served at
that time, the permittee should be advised a written warning will be issued.
As quickly as possible thereafter, but no later than seven working days
following the above discussion with the permittee, the agent shall complete a
written warning in triplicate and serve upon the permittee. In any case, the
permittee shall acknowledge receipt of the warning by signing the original and
copies. The permittee shall retain one copy, the ABC Commission shall receive
the original and the agent shall retain one copy for his files.
(e) An agent must be prepared to testify to all matters set
forth in the written warning.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984; April 1,
1980;
Transferred from 14A NCAC 08H .0403 Eff. June 1, 2013.
14B NCAC 06C .0404 VIOLATION REPORT
(a) Definition. A violation report is a written report by
an agent made to the ABC Commission alleging a specific violation of Chapter
18B or ABC Commission rules which occurred in a licensed outlet at a specific
date and time.
(b) Contents. The violation report shall indicate:
(1) the name and address of the permittee, any
trade name used;
(2) the type of permits held;
(3) the specific violation charged and the date
and time each occurred;
(4) the name of the person in charge of the
premises at the time of the violation;
(5) the name and address of any witnesses for
whom subpoenas should be issued;
(6) a notation as to whether previous warnings
and/or violations have been filed against the permittee;
(7) a narrative report of the facts surrounding
the alleged violations; and
(8) the agent's signature and date of the
report.
(c) When Issued. An agent shall complete and submit a
violation report to his supervisor when he observes or has probable cause to
believe a permittee has committed a definite, clear-cut and substantial
violation of Chapter 18B or ABC Commission rules, or when an agent observes an
uncorrected violation by a permittee for which a written warning had been
previously issued.
(d) Method of Issuance. An agent shall inform the
permittee or person in apparent control of the premises that he has reason to
believe the permittee or his employee has committed a definite, clear-cut and
substantial violation of Chapter 18B or ABC Commission rules and that the agent
will submit a violation report. The agent shall inform the permittee or person
in control of the nature and circumstances surrounding the violation and the
applicable statute or rule violated. He shall submit the violation report in
sufficient time to reach Headquarters within 12 working days of the date the
violation occurred. (Working days are Monday-Friday and the violation date
does not count in counting 12 days.). Violation reports shall be processed as
provided in Section .0500 of this Subchapter.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984; April 1,
1980;
Transferred from 14A NCAC 08H .0404 Eff. June 1, 2013.
14B NCAC 06C .0405 CITATION AND ARREST
(a) Definition. A citation is a directive issued by a law
enforcement officer that a person appear in court and answer criminal charges.
(b) Contents. The citation must:
(1) identify the crime charged, including the
date, and, when relevant, identify the property and other persons involved;
(2) contain the name and address of the person
cited or other identification if that cannot be ascertained;
(3) identify the officer issuing the citation;
(4) cite the person to whom issued to appear in
a designated court at a designated time and date; and
(5) contain the date and the signature of the
agent as well as the signature of the person cited.
(c) When Issued. An agent shall issue a citation or make
an arrest for definite, clear-cut and substantial violations of Chapter 18B.
When agents cite a permittee, they shall also submit a violation report as
provided in Regulation .0404 in this Section.
(d) Method of Issuance. Agents shall issue citations or
make arrests as herein provided and consistent with Chapter 15A of the General
Statutes and ALE directives.
History Note: Authority G.S. 15A-302; 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0405 Eff. June 1, 2013.
SECTION .0500 - VIOLATION REPORT PROCESSING
14B NCAC 06C .0501 REVIEW BY DISTRICT SUPERVISOR
(a) An agent shall submit completed violation reports to
the district supervisor. The district supervisor shall review the report and
determine that it is free from errors and that the agent's investigation is
thorough and complete. The supervisor shall note any errors in the report or
indicate areas requiring further investigation or elaboration and return the
report to the agent. The agent shall make immediate corrections,
modifications, or additional investigations and resubmit the report to the
supervisor.
(b) Upon receiving a complete, correct, and thorough
violation report, the supervisor shall review the entire file. If he determines
that the report established cause to believe that a definite, clear-cut and
substantial violation occurred and is set forth, he shall so indicate by dating
and signing the report and shall immediately forward it to the director. If the
supervisor determines that the report does not establish cause to believe a
definite, clear-cut and substantial violation has occurred, he shall return the
report to the agent and direct him to take lesser or no enforcement action, as
the case may be.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .0501 Eff. June 1, 2013.
14B NCAC 06C .0502 REVIEW BY DIRECTOR: FORWARD TO REVIEW
OFFICER
(a) The director shall review violation reports submitted
by the district supervisor and determine that the report is free from errors
and that the agent's investigation is thorough and complete. The director
shall note any errors in the report or indicate areas requiring further
investigation or elaboration and return it, with his comments, to the district
supervisor. The district supervisor shall immediately order the investigating
agent or other agents to make any corrections, modifications, or additional
investigations and resubmit the report to the director.
(b) Upon receiving a complete, correct, and thorough violation
report, the director shall review the report. If the director determines a
report does not establish cause to believe that a definite, clear-cut and
substantial violation has occurred, he shall return the report to the district
supervisor and direct him to order lesser or no enforcement action, as the case
may be. If the director determines the report establishes cause to believe a
definite, clear-cut and substantial violation has occurred and the report
contains sufficient information to justify ABC Commission action, he shall so
indicate by dating and initialing the report and shall immediately forward it
to the ABC Commission.
(c) The director shall periodically review any or all
violation reports not forwarded by the district supervisor to determine that
such action is consistent with ALE policy.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0502 Eff. June 1, 2013.
14b NCAC 06C .0503 NOTICE CONCERNING HEARING: REVIEW OF
INVESTIGATION
Upon receipt of an official notice of hearing or summary
suspension or revocation order from the ABC Commission arising from a violation
report, an agent shall review his investigative report to determine the action
is consistent with the findings and facts contained in the agent's
investigative report. Should the agent detect any discrepancies, he shall
immediately contact his supervisor and inform him of the inconsistencies. The
supervisor shall immediately inform the ABC Commission of the agent's findings.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0504 Eff. June 1, 2013.
SECTION .0600 - ABC COMMISSION HEARINGS AND APPEALS
14B NCAC 06C .0601 SCHEDULING HEARINGS
The ABC Commission will notify an agent of hearing dates,
times and locations. An agent shall direct any questions or problems
concerning hearing schedules to the commission through his supervisor.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0601 Eff. June 1, 2013.
14B NCAC 06C .0602 OFFICIAL NOTICE OF HEARING
The ABC Commission will forward an official notice of
hearing to the agent. Upon receipt of the official notice of hearing, the
agent shall review his files to be certain the notice is correct. He shall
report any discrepancies to his supervisor who shall immediately notify the
appropriate ABC legal specialist.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0602 Eff. June 1, 2013.
14B NCAC 06C .0603 SERVICE OF SUBPOENAS
OAH subpoenas will be mailed to permittees and other
witnesses, by certified mail, return receipt requested. If the subpoena is
returned undelivered, OAH will request an agent to serve the subpoena
personally.
In these cases the subpoena should be served promptly. Both
the agent and the person so served shall at the time of service sign and date
the original and all copies. The original shall be left with the person
subpoenaed. One copy shall be retained for ALE files and the remaining copies
shall be forwarded to the ALE District Office for forwarding to the ABC
Commission.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0603 Eff. June 1, 2013.
14B NCAC 06C .0604 APPEARANCE AT HEARINGS AND APPEALS
Prior to hearing, an agent shall carefully review his
investigative file, exhibits, and reports. An agent shall appear at the designated
hearing time and location fully prepared to testify concerning any portion or
all of his investigation. He shall testify fully and completely. If for any
reason he is delayed or prevented from attending a hearing, he shall promptly
notify his supervisor and the appropriate ABC legal specialist.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .0604 Eff. June 1, 2013.
14b NCAC 06C .0605 NOTIFICATION OF FULL COMMISSION ACTION
Subsequent to the hearing, an agent will be notified of the
date the ABC Commission will consider the hearing officer's recommendations in
the particular matter. An agent shall so notify local officials who expressed
interest in the particular matter of the scheduled date, time, and location of
the ABC Commission meeting.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0605 Eff. June 1, 2013.
14B NCAC 06c .0606 ADDITIONAL TESTIMONY: APPEALS
An agent shall retain all his investigative files pending a
formal resolution of the matter through and including the Appellate Division of
the General Court of Justice. He shall honor all requests by the ABC
Commission for testimony before the Office of Administrative Hearings, the ABC
Commission or in superior court when made by the ABC Commission through the
district supervisor. Requests from the ABC Commission directly to the agent
shall be discussed with the district supervisor. He shall not appear and give
testimony at an applicant's or permittee's request except upon a duly served
subpoena. When served with such subpoena, an agent shall immediately notify
his district supervisor who shall notify the ABC Commission.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0606 Eff. June 1, 2013.
SECTION .0700 - ADMINISTRATIVE DUTIES
14b NCAC 06C .0701 DELIVERING PERMITS
(a) Newly issued permits will be mailed by the ABC
Commission directly to the permittee at the mailing address provided by the
permittee. During the application investigation process, the investigating
agent shall advise the permit applicant the permit will be mailed to the
mailing address which he provides. The permit applicant shall be advised if
the mailing address is incorrect the receipt of the permit will be delayed.
Permits returned to the ABC Commission for improper mailing address will be
forwarded to the appropriate district for hand delivery. These permits shall
be delivered by ALE to the permittee no later than the end of business of the
following business day. Any hand delivery of permits will require the
completion of the appropriate permit receipt form.
(b) Upon delivery or return of a suspended permit, an agent
shall obtain the permittee's signature on the permit receipt form. An agent
shall forward one copy of the receipt to the ABC Commission, one to the
appropriate local authorities, and retain one for his files. At the time of
delivery, an agent shall clearly explain ABC Commission rules to the permittee
or appropriate employee. An agent shall return suspended permits to the
permittee on the morning following the last day of suspension.
(c) In the case of the return of a suspended permit, an
agent shall examine all alcoholic beverages in an effort to determine whether
or not any sales have occurred during the period of suspension. Appropriate
enforcement action should be taken if evidence is developed indicating sales
were made during the course of the suspension.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0701 Eff. June 1, 2013.
14B NCAC 06C .0702 SURRENDER OF PERMITS
(a) An agent shall serve a revocation or suspension notice
on the permittee and shall pick up permits suspended or revoked on the
effective date as specified in the suspension or revocation order. Upon
seizure of the permit, the agent shall note on the back thereof the date
seized, that the seizure was under ABC Commission order and the period of
suspension or revocation.
(b) During the period of suspension the agent shall retain
possession of the suspended permit until the expiration of the suspension,
whereupon it shall be returned as provided in this Chapter, unless the ABC
Commission specifically requests the permit be retained by the commission.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984; April 1,
1980;
Transferred from 14A NCAC 08H .0702 Eff. June 1, 2013.
14b NCAC 06C .0703 SUBPOENAS AND COMMISSION ORDERS
An agent shall promptly and courteously serve all ABC
Commission subpoenas, orders and demands.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0703 Eff. June 1, 2013.
SECTION .0800 - COMMUNICATIONS WITH ABC STAFF
14B NCAC 06C .0801 COMMUNICATIONS WITH ABC
Routine or nonexpedite communications between an agent and
the ABC Commission staff shall be channeled through district supervisors. ABC
Commission staff may contact agents directly to clarify minor, routine
questions.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0801 Eff. June 1, 2013.
14B NCAC 06C .0802 REQUESTS FOR REPORTS
Requests from the ABC Commission for investigative reports
on proposed ABC store sites in towns and counties will be channeled through the
director. These investigations will be conducted by the district supervisor or
assistant district supervisor.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. January 1, 1984;
Transferred from 14A NCAC 08H .0802 Eff. June 1, 2013.
14B NCAC 06C .0803 ADVICE
An agent who needs or wants advice on the legal
ramifications of a particular situation shall first discuss his or her question
with the supervisor. If the supervisor needs additional information, he may
contact a deputy director, the director, or the ABC Commission staff.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .0803 Eff. June 1, 2013.
SECTION .0900 - RELATIONS WITH OTHER LAW ENFORCEMENT AGENCIES
14B NCAC 06C .0901 RELATIONS WITH OTHER AGENCIES
Diligent efforts to promote and improve ALE through
increased public relations efforts shall be expected from all agents at all
times.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .0901 Eff. June 1, 2013.
14B NCAC 06C .0902 CONTACTS WITH OTHER AGENCIES
An agent shall at all times be courteous and use a
businesslike approach and appearance when dealing with other agencies.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .0902 Eff. June 1, 2013.
SECTION .1000 - DRUG ACTIVITIES
14B NCAC 06C .1001 DRUG VIOLATIONS
Drug enforcement activities shall be limited to violations
associated with licensed alcohol outlets or alcohol related matters.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. January 1, 1984;
Transferred from 14A NCAC 08H .1001 Eff. June 1, 2013.
14B NCAC 06C .1002 ASSISTING OTHER AGENCIES
Agents will assist other state and local agencies with
drug-related offenses upon request.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1002 Eff. June 1, 2013.
14B NCAC 06c .1003 APPROVAL
Any major drug enforcement activities shall be approved by
the director.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. January 1, 1984;
Transferred from 14A NCAC 08H .1003 Eff. June 1, 2013.
SECTION .1100 - OTHER ENFORCEMENT ACTIONS
14B NCAC 06C .1101 ARREST POLICY
(a) An agent shall issue citations or make arrests only for
definite, clear-cut and substantial violations. Agents shall not issue
citations nor make arrests for frivolous, technical, or borderline violations.
Factors such as race, sex, economic status, or familial, political or fraternal
affiliation shall not influence an agent in any manner whatsoever.
(b) The agent shall issue the pink copy of the North
Carolina Uniform Citation for all definite, clear-cut and substantial
violations. If the agent has reason to believe that the offender is not likely
to submit to the jurisdiction of the court as cited, or if the offense is one
which requires arrest, he shall arrest the offender and shall, without
unreasonable delay take him before a judicial official of the General Court of
Justice as defined in N.C. General Statutes Chapter 15A, and as provided in
Regulation .1103 of this Section.
(c) Upon arrest, the agent shall, without unnecessary
delay, advise the offender of his right to communicate with counsel, family and
friends, and must allow him reasonable time and opportunity to do so.
(d) An agent shall inform every accused person of the
specific law which he is charged to have violated. If facts are subsequently
discovered which require additional charges to be filed, the offender shall be
informed of the additional charges prior to trial time.
History Note: Authority G.S. 15A-501; 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1101 Eff. June 1, 2013.
14B NCAC 06C .1102 CITATIONS
An agent shall deliver to a magistrate the original and
clerk's copy of all executed citations as soon as practical following the
issuance of the citations. No more than two charges shall be placed on one
North Carolina Uniform Citation, only one of which shall be preprinted
violation. When three or more charges are brought against a person, additional
North Carolina Uniform Citations shall be prepared.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .1102 Eff. June 1, 2013.
14B NCAC 06C .1103 BAIL BOND
(a) When a person is arrested for an offense, the person
shall be taken without undue delay to a judicial official of the General Court
of Justice where a warrant shall be prepared according to law and served on the
individual. Bond, if any, shall be set by the judicial official. No money,
security, bail bond, bail bond card, or other article of value shall be
accepted by agents.
(b) When an agent cites an offender to appear in court, he
should cooperate with the offender in giving appropriate directions to the
appropriate court seat and should in no case accept any money, bail bond, bail
bond card, securities or other articles of value from the offender.
History Note: Authority G.S. 15A-541; 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1103 Eff. June 1, 2013.
14B NCAC 06C .1104 OPERATOR'S LICENSE TO REMAIN IN DRIVER'S
POSSESSION
When an arrested person is allowed to drive his vehicle to a
judicial official's office, he should have in his possession both his
operator's license and the registration card for the vehicle he is operating.
At no time shall the agent escorting an arrested person keep these items in his
possession while allowing an arrested person to drive his vehicle to the judicial
official's office. However, if the operator's license is fraudulent or
illegally altered, it should be retained by the agent as evidence of an
additional crime.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1104 Eff. June 1, 2013.
SECTION .1200 - CIVIL DISTURBANCES
14B NCAC 06C .1201 REQUEST FOR ASSISTANCE
(a) In the event state assistance is deemed necessary by
local officials to assist with riots, mob violence or other civil disturbances,
local government officials should contact the director, deputy directors,
district supervisors, or any available agent. Local officials should state the
nature of the emergency and the need for state assistance. The agent shall
immediately notify the director.
(b) If time will permit, an agent should be immediately
assigned to the scene to assess the situation and to inform the director or his
designee as to the existing situation and as to assistance needed.
(c) The agent assigned to assess the situation shall
ascertain the following:
(1) whether local authorities have utilized all
of their own forces and are unable to control the situation, or
(2) whether control of the situation is beyond
the capabilities of the local authorities, or
(3) whether local authorities are taking
appropriate action.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .1201 Eff. June 1, 2013.
14B NCAC 06C .1202 COMMITMENT OF FORCES
(a) Only the director or his designated representative
shall authorize the actual commitment of ALE forces to assist local officials
with civil disturbances, after obtaining permission of the secretary, his
representative or the Governor. Provided, however, that pending instructions
from ALE headquarters, the ranking agent on the scene shall have the authority
to temporarily commit such forces as are necessary to control an emergency
situation where it reasonably appears that the lives of citizens are endangered
or the destruction of public or private property is threatened.
(b) ALE forces will work under the control of the district
supervisor for the affected area, and agents will assist in coordinating
activities of all ALE and local official agencies involved. Any unlawful or
unauthorized act on the part of any agent will not be excusable on the grounds
it was the result of an order or request received from a local officer or
civilian official.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1202 Eff. June 1, 2013.
SECTION .1300 - WRECKER SERVICE
14B NCAC 06C .1301 IMPARTIAL USE OF SERVICES
Agents shall be absolutely impartial in using private
wrecker services. Agents shall, whenever possible and practicable, dispatch the
wrecker service requested by the motorist requiring such services.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1301 Eff. June 1, 2013.
14B NCAC 06C .1302 ROTATION OF WRECKER requests
(a) When a motorist does not request a particular wrecker
service, an agent shall inform the local State Highway Patrol telecommunicator
as to the person making the request and shall inform the telecommunicator as to
the person making the request and shall inform the telecommunicator that the
person has no preference as to a wrecker service. Patrol telecommunicators
maintain a wrecker service log on which private business concerns providing
dependable, 24-hour wrecker service may be listed at their request, provided
they conform with the laws governing the operation of wreckers. Telecommunicators
shall be responsible for assuring each service is called on a regular and
equal rotating basis, unless special circumstances require a deviation from the
rotation policy, as described in Subdivisions (b) and (c) of this Regulation.
(b) An agent shall not be required to call wreckers
requested by motorists or required by the rotation log, but shall instead call
the nearest available wrecker service, when an emergency exists (for example,
when traffic congestion is a major problem, when persons are pinned in the
wreckage, when danger of fire or explosion is present, or when other emergency
situations exist).
(c) An agent shall not be required to call wreckers
requested by motorists or required by the rotation log when special storage
facilities are required for seized or impounded vehicles.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1302 Eff. June 1, 2013.
SECTION .1400 - ALE ESCORTS AND RELAYS
14B NCAC 06C .1401 ESCORTING EMERGENCY VEHICLES
Agents shall not escort ambulances or other emergency
vehicles unless special circumstances require. Exceptions may be made when a
driver of an emergency vehicle cannot reach a hospital or other destination
without assistance.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1401 Eff. June 1, 2013.
14B NCAC 06C .1402 ESCORTING PRIVATE VEHICLES
Agents shall not escort private vehicles making emergency
runs unless special circumstances require.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1402 Eff. June 1, 2013.
14B NCAC 06C .1403 ESCORTING FUNERAL PROCESSIONS
Agents shall not escort funeral processions without
authorization from a supervisor.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1403 Eff. June 1, 2013.
14B NCAC 06C .1404 EMERGENCY MEDICAL RELAYS
Emergency medical relays may be made by an agent whenever an
actual emergency situation exists. The procedures listed in Paragraphs (1) and
(2) of this Rule shall be followed:
(1) Emergency relays will be authorized only when there
is imminent danger of death or additional injury to the person being treated
and at the request of the State Highway Patrol.
(2) An emergency relay may be authorized only when
there is no alternate means of transportation available which could as
effectively perform the service.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1404 Eff. June 1, 2013.
SECTION .1500 - USE OF ALE CARS AND AIRCRAFT
14B NCAC 06C .1501 WHO MAY DRIVE
Only the persons listed in Paragraphs (1) through (5) of
this Rule are authorized to drive ALE cars:
(1) agents while on duty;
(2) any other sworn law enforcement officer while
assisting an agent on duty;
(3) a mechanic while road testing a vehicle or while
delivering a vehicle to an agent or to a garage;
(4) a civilian while transporting an agent who is incapacitated
by illness or injury to a hospital;
(5) non-law enforcement ALE employees when authorized
by a district supervisor, a deputy director, or the director.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .1501 Eff. June 1, 2013.
14B NCAC 06C .1502 UNAUTHORIZED PASSENGERS
Employees shall not transport unauthorized persons in ALE
vehicles. Authorized persons may be transported when circumstances require.
For purposes of this Regulation, authorized persons shall include accident
victims, stranded motorists, witnesses, officers of the court, prisoners or
other persons when required in the line of duty. When male agents are alone and
must transport authorized females, the male agent shall follow the same
procedure as directed in transporting female prisoners, 06C .1704. Other persons
may be authorized by a district supervisor, a deputy director, or the
director. Persons authorized by a district supervisor or higher authority
shall be required to sign Release Form AL-32, which should be forwarded to ALE
headquarters.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984; April 1,
1980;
Transferred from 14A NCAC 08H .1502 Eff. June 1, 2013.
14B NCAC 06C .1503 REQUEST FOR TRANSPORTATION
(a) Any request from the Governor or the secretary for ALE
transportation or services shall be acknowledged and handled immediately.
(b) All requests for security, medical or other emergency
assistance shall be assessed by the district supervisor, assistant district
supervisor, or higher authority for approval based on need.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. January 1, 1984;
Transferred from 14A NCAC 08H .1503 Eff. June 1, 2013.
14B NCAC 06C .1504 USE OF AIRCRAFT
Agents shall not use private or state-owned aircraft in
performing ALE official functions, whether on or off duty, without first
obtaining approval of the director or a deputy director in his absence.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1504 Eff. June 1, 2013.
SECTION .1600 - USE OF PHYSICAL FORCE: FIREARMS
14B NCAC 06C .1601 USE OF FORCE
Agents shall use physical force in arrest and custody
situations in strict conformance with the United States Constitution and the
Constitution and laws of North Carolina as stated in G.S. 15A-401.
History Note: Authority G.S. 15A-401; 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .1601 Eff. June 1, 2013.
14B NCAC 06C .1602 FIREARMS PROCEDURES
Agents shall be governed by the following in the use of
firearms:
(1) Agents shall use only ALE-issued ammunition in
ALE-issued firearms while performing enforcement duties.
(2) Agents shall never fire warning shots.
(3) Agents shall not permit any person other than
another agent to use an ALE firearm.
(4) Agents who discharge any firearm while on duty,
either intentionally or accidentally, shall file a written report to the
director through official channels. This requirement shall not apply to agents
engaged in firearms practice.
(5) Agents shall not remove sidearms from holsters
except for authorized use in accordance with this Section, for inspection by a
superior officer, or for other authorized purposes.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. January 1, 1984;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1603 Eff. June 1, 2013.
14b NCAC 06C .1603 INVESTIGATION AND REPORTING OF FIREARMS
INCIDENT
(a) An agent shall immediately report to his immediate
supervisor every use of a firearm in the performance of his duty not related to
training. The supervisor shall carefully examine all facts and circumstances
surrounding the incident and determine compliance with ALE rules, directives,
and procedures. A full written report of the incident and investigation shall
be sent through channels to the director.
(b) An agent involved in a shooting incident which is
intentional or which results in injury or property damage shall be placed on
leave but will be allowed to take annual or sick leave pending a preliminary
investigation by his district supervisor. This preliminary investigation shall
be completed within 48 hours. If the preliminary investigation discloses any
irregularities regarding state or federal law or ALE policy, the member shall
be suspended as provided in Regulation .0202 of Subchapter 08D. If the
investigation does not disclose any irregularities, the agent shall return to
duty and shall be credited for any annual leave taken or reimbursed for pay
lost during the preliminary investigation.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. January 1, 1984;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1604 Eff. June 1, 2013.
SECTION .1700 - PERSONS IN CUSTODY
14B NCAC 06C .1701 SEARCH FOR WEAPONS: MALE PRISONERS
Agents shall search all male prisoners and take possession
of all weapons and evidence. Agents shall not conduct strip searches unless
articulate facts exist indicating items subject to seizure may be found only
through such a search. Search of body cavities is prohibited unless a search
warrant authorizing such a search is obtained. Strip searches shall not be
conducted without approval of an agent's assistant supervisor or district
supervisor. Strip and body cavity searches of male prisoners shall be made
only by male agents with a male witness. If practical, body cavity searches
shall be made in presence of a physician or medical technician.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .1701 Eff. June 1, 2013.
14B NCAC 06C .1702 SEARCH OF FEMALE PRISONERS
(a) Agents shall search female prisoners only when an
immediate search is necessary to assure the safety of the prisoner or others,
or to preserve evidence which might otherwise be destroyed.
(b) Searches made under such conditions shall be made with
all possible regard for decency and, if possible, a witness should be present.
(c) Agents shall not conduct strip searches unless
articulable facts exist indicating items subject to seizure may be found only
through such a search. Search of body cavities is prohibited unless a search
warrant authorizing such a search is obtained. Strip searches shall not be
conducted without approval of an agent's assistant supervisor or district
supervisor. Strip and body cavity searches of female prisoners shall be made
only by female agents with a female witness. If practical, body cavity
searches shall be made in presence of a physician or medical technician.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .1702 Eff. June 1, 2013.
14b NCAC 06C .1703 TRANSPORTING PRISONERS
Agents shall transport prisoners to an appropriate place of
detention without delay and shall not accompany the prisoner to the prisoner's place
of residence without the consent of a superior officer.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1703 Eff. June 1, 2013.
14B NCAC 06C .1704 TRANSPORTING FEMALE PRISONERS
(a) Male agents shall not transport female prisoners
without a third person being present throughout the trip. Exceptions may be
made whenever it is impossible or impractical to have a third person present.
(b) Whenever it is necessary to transport a female prisoner
without the presence of a third person, male agents shall:
(1) Notify the State Highway Patrol
telecommunicator on duty of the time of arrest, the odometer reading, place of
intended incarceration and the estimated time of arrival at that location.
(2) Upon arrival at the destination the agent
shall notify the patrol telecommunicator of the time and the odometer reading.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1704 Eff. June 1, 2013.
14B NCAC 06C .1705 PROPERTY OF PRISONERS
Agents shall take all reasonable measures to protect the
personal property in the possession of prisoners at the time of arrest or
detention.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1705 Eff. June 1, 2013.
SECTION .1800 - INFORMATION TO NEWS MEDIA
14B NCAC 06C .1801 NEWS RELEASES
Subject to the restrictions set forth in Regulation .1803 of
this Section, agents may release information concerning ALE arrests and
investigations to news media personnel, provided such release of information
will not jeopardize a continuing investigation, the apprehension of suspects or
the prosecution of the case.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1801 Eff. June 1, 2013.
14b NCAC 06C .1802 INFORMATION WHICH MAY BE RELEASED
Agents may make public the following information in ABC
violations and criminal cases which do not involve juveniles:
(1) the name, age, place of residence, employment,
marital status or similar background information of a person charged with an
offense;
(2) the offense or violation charged, the time and
place of arrest, whether weapons were found or used, description of evidence or
contraband seized; and
(3) the identity of investigating and arresting
officers.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; April 1, 1980;
Transferred from 14A NCAC 08H .1802 Eff. June 1, 2013.
14B NCAC 06C .1803 INFORMATION NOT TO BE RELEASED
Agents shall not make public the following information in
ABC violations and criminal cases:
(1) opinions or other statements as to the character,
reputation, guilt or innocence of a person charged with an offense;
(2) opinions or other statements as to the character or
reputation of witnesses;
(3) opinions or other statements concerning the
credibility or anticipated testimony of witnesses;
(4) admissions, confessions, statements or alibis
attributed to a person charged with an offense;
(5) the results of any investigative procedure,
polygraph examination or laboratory test involving a person charged with an
offense;
(6) the refusal of a person charged to submit to any
test, except that information concerning refusal to submit to a chemical test
for alcohol impairment may be released;
(7) opinions or other statements concerning the plea of
a person charged or of possible disposition of a charge or case;
(8) opinions or other statements concerning evidence in
a case or concerning points of argument to be presented in court;
(9) statements concerning physical evidence which is
not information of public record;
(10) names of juveniles who are under investigation or
who have been taken into custody.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984; April 1,
1980;
Transferred from 14A NCAC 08H .1803 Eff. June 1, 2013.
14B NCAC 06C .1804 ALLOWING PHOTOGRAPHS TO BE TAKEN
(a) Agents shall not prevent photographing of defendants in
public places except in courtrooms and adjacent corridors as directed by the
trial judge.
(b) Agents shall not pose an arrested person for news media
photographers.
(c) Photographers shall not be prohibited from taking
photographs of crashed aircraft or of vehicles involved in traffic collisions.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1804 Eff. June 1, 2013.
14B NCAC 06C .1805 RELEASING NAMES OF DECEASED PERSONS
An agent shall not release the name of a deceased person to
the news media prior to notification of the deceased persons' families.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
Transferred from 14A NCAC 08H .1805 Eff. June 1, 2013.
SECTION .1900 - LEAVING ASSIGNED DUTY STATION
14B NCAC 06C .1901 LEAVING ASSIGNED AREA
(a) Agents, on duty, shall not leave their district without
authorization, except agents may leave their district when in pursuit of a
violator.
(b) When not in pursuit, agents must have authorization
from their supervisor or assistant supervisor to leave the district.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1901 Eff. June 1, 2013.
14B NCAC 06C .1902 LEAVING THE STATE
(a) Agents shall not leave the state while on duty except
when authorized by the director or his designee, or when an emergency situation
requires.
(b) When an emergency situation requires agents to travel
into another state, agents shall not remain in the other state longer than is
absolutely necessary.
(c) Agents required to leave the state for emergency
purposes shall be governed by the following:
(1) Agents shall notify the nearest patrol
communications center of their call number, destination, mission and estimated
time of return to the state.
(2) Agents shall notify the patrol
communications center immediately upon their return to the state, and the
information shall be entered on the communications log.
(3) Emergency travel authorization reports
shall be submitted to the district supervisor as soon as possible after
returning to the state. The supervisor should forward the report to division headquarters
for filing purposes.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1902 Eff. June 1, 2013.
14B NCAC 06C .1903 LEAVING THE STATE: PURSUIT
(a) Agents shall not leave the state in pursuit of a law
violator without approval of the district supervisor or higher authority.
(b) Agents shall not exercise the power of arrest in
another state nor return an arrested person to this State except by due process
of law.
History Note: Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from 14A NCAC 08H .1903 Eff. June 1, 2013.
