Section .0100 - General Responsibilities

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

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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.