Section .0100 - Commission Organization And Procedures

Link to law: http://reports.oah.state.nc.us/ncac/title 12 - justice/chapter 10 - sheriffs' education and training standards commission/subchapter b/subchapter b rules.html
Published: 2015

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SUBCHAPTER 10B - N.C. SHERIFFS' EDUCATION AND TRAINING

STANDARDS COMMISSION

 

SECTION .0100 - COMMISSION ORGANIZATION AND PROCEDURES

 

12 NCAC 10B .0101          LOCATION

The N.C. Sheriffs' Education and Training Standards

Commission is established within the Department of Justice and is located at

1700 Tryon Park Drive in Raleigh, North Carolina. The mailing address is:

 

North Carolina Sheriffs' Education and Training Standards

Commission

Post Office Box 629

Raleigh, North Carolina  27602

Telephone (919) 779-8213

 

History Note:        Authority G.S. 17E-6;

Eff. January 1, 1989;

Amended Eff. January 1, 2013; August 1, 1998.

12 NCAC 10B .0102          PURPOSE

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Repealed Eff. January 1, 1996.

 

 

 

12 NCAC 10B .0103          DEFINITI0NS

In addition to the definitions set forth in G.S. 17E‑2,

the following definitions apply throughout this Chapter, unless the context

requires otherwise:

(1)           "Appointment" as it applies to a deputy

sheriff means the date the deputy's oath of office is administered; and as it

applies to a detention officer means either the date the detention officer's

oath of office was administered, if applicable, or the detention officer's

actual date of employment as reported on the Report of Appointment (Form F-4)

by the employing agency, whichever is earlier; and as it applies to a

telecommunicator, the telecommunicator's actual date of employment as reported

on the Report of Appointment (Form F-4T).

(2)           "Convicted" or "Conviction"

means for purposes of this Chapter, the entry of:

(a)           a plea of guilty;

(b)           a verdict or finding of guilt by a jury,

judge, magistrate, or other adjudicating body, tribunal, or official, either

civilian or military; or

(c)           a plea of no contest, nolo contendere, or

the equivalent.

(3)           "Department Head" means the chief

administrator of any criminal justice agency or communications center. 

Department head includes the sheriff or a designee appointed in writing by the

Department head.

(4)           "Director" means the Director of the

Sheriffs' Standards Division of the North Carolina Department of Justice.

(5)           "Division" means the Sheriffs' Standards

Division.

(6)           "High School Graduation" means successful

completion of all requirements for either public or non-public schools, including

passing any required competency tests, established by the State Board of

Education or other entity having jurisdiction where the student graduated at

the time the student finished high school. A certificate or diploma reflecting

the person accomplished some but not all graduation requirements is not

sufficient.  The high school must meet the compulsory attendance requirements

in the jurisdiction in which the school is located.

(7)           "Enrolled" means that an individual is

currently participating in an on‑going presentation of a

commission-certified basic training course which has not been concluded on the

day probationary certification expires.

(8)           "Essential Job Functions" means those

tasks deemed by the agency head to be necessary for the proper performance of a

justice officer.

(9)           "Lateral Transfer" means certification of

a justice officer when the applicant for certification has previously held

general or grandfather certification as a justice officer or a criminal justice

officer as defined in G.S. 17C-2(3) excluding state correctional officers,

state probation/parole officers, and state youth services officers, provided

the applicant has been separated from a sworn law enforcement position for no

more than one year, or has had no break in service.

(10)         "Misdemeanor" means those criminal

offenses not classified by the North Carolina General Statutes, the United

States Code, the common law, or the courts as felonies.  Misdemeanor offenses

are classified by the Commission as follows:

(a)           "Class A Misdemeanor" means:

(i)            an act committed or omitted in violation of

any common law, duly enacted ordinance or criminal statute of this state which

is not classified as a Class B Misdemeanor pursuant to Sub-item (10)(b) of this

Rule.  Also specifically included herein as a Class A Misdemeanor is the

offense of driving while impaired, if the offender was sentenced under

punishment level three [G.S. 20-179(i)], level four [G.S. 20-179(j)], or level

five [G.S. 20-179(k)].  All other traffic offenses under Chapter 20 (motor

vehicles) are not classified as Class A Misdemeanors.

(ii)           acts committed or omitted in North Carolina prior to October 1, 1994 in violation of any common law, duly enacted

ordinance or criminal statute, of this state for which the maximum punishment

allowable for the designated offense included imprisonment for a term of not

more than six months.  Also specifically included herein as a Class A

Misdemeanor is the offense of driving while impaired, if the offender was

sentenced under punishment level three [G.S. 20-179(i)], level four [G.S.

20-179(j)], or level five [G.S. 20-179(k)]. All other traffic offenses under

Chapter 20 (motor vehicles) are not classified as Class A Misdemeanors.

(iii)          any act committed or omitted in violation

of any common law, duly enacted ordinance, criminal statute of any jurisdiction

other than North Carolina, either civil or military, for which the maximum

punishment allowable for the designated offense under the laws, statutes, or

ordinances of the jurisdiction in which the offense occurred includes

imprisonment for a term of not more than six months.  Specifically excluded

from this grouping of "Class A Misdemeanor" criminal offenses for

jurisdictions other than North Carolina, are motor vehicle or traffic offenses

designated as misdemeanors under the laws of other jurisdictions, or duly

enacted ordinances of an authorized governmental entity with the exception of

the offense of driving while impaired which is expressly included herein as a

class A misdemeanor, if the offender could have been sentenced for a term of

not more than six months.

(b)           "Class B Misdemeanor" means:

(i)            an act committed or omitted in violation of

any common law, criminal statute, or criminal traffic code of this state which

is classified as a Class B Misdemeanor as set forth in the "Class B

Misdemeanor Manual" as published by the North Carolina Department of

Justice and shall automatically include any later amendments and editions of

the incorporated material as provided by G.S. 150B-21.6.  Copies of the

publication may be obtained from the North Carolina Department of Justice, Post

Office Box 629, Raleigh, North Carolina 27602.  There is no cost per manual at

the time of adoption of this Rule.

(ii)           acts committed or omitted in North Carolina prior to October 1, 1994 in violation of any common law, duly enacted

ordinance, or criminal statute, of this state for which the maximum punishment

allowable for the designated offense included imprisonment for a term of more

than six months but not more than two years.  Specifically excluded from

the grouping of "Class B misdemeanors" committed or omitted in North

Carolina prior to October 1, 1994 are motor vehicle or traffic offenses

designated as being misdemeanors under G.S. 20 (motor vehicles), with the following

exceptions: "Class B misdemeanors" committed or omitted in North

Carolina prior to October 1, 1994 expressly include, either first or subsequent

offenses of G.S. 20-138(a) or (b), G.S. 20-166 (duty to stop in the event of an

accident), G.S. 20-138.1 (impaired driving) if the defendant was sentenced

under punishment level one [G.S. 20-179(g)] or punishment level two [G.S.

20-179(h)] for the offense, and shall also include a violation of G.S. 20-28(b)

[driving while license permanently revoked or suspended].

(iii)          any act committed or omitted in violation

of any common law, duly enacted ordinance, or criminal statute of any

jurisdiction other than North Carolina, either civil or military, for which the

maximum punishment allowable for the designated offense under the laws,

statutes, or ordinances of the jurisdiction in which the offense occurred

includes imprisonment for a term of more than six months but not more than two

years.  Specifically excluded from this grouping of "Class B Misdemeanor"

criminal offenses for jurisdictions other than North Carolina, are motor

vehicle or traffic offenses designated as being misdemeanors under the laws of

other jurisdictions with the following exceptions: Class B Misdemeanor does

expressly include, either first or subsequent offenses of driving while

impaired if the maximum allowable punishment is for a term of more than six

months but not more than two years, and driving while license permanently

revoked or permanently suspended.

(11)         "Felony" means any offense designated a

felony by the laws, statutes, or ordinances of the jurisdiction in which the

offense occurred.

(12)         "Dual Certification" means that a justice

officer holds probationary, general, or grandfather certification in two or

more of the following positions with the same agency:

(a)           deputy sheriff;

(b)           detention officer;

(c)           telecommunicator.

(13)         "Detention Officer" means any person

performing responsibilities, either on a full-time, part-time, permanent or

temporary basis, which includes the control, care, and supervision of any

inmates incarcerated in a county jail or other confinement facility under the

direct supervision and management of the sheriff.  "Detention

Officer" shall also mean the administrator and the other custodial personnel

of district confinement facilities as defined in G.S. 153A-219.

(14)         "Deputy Sheriff" means any person who has

been duly appointed and sworn by the sheriff and who is authorized to exercise

the powers of arrest in accordance with the laws of North Carolina.

(15)         "Telecommunicator" means any person

performing responsibilities, either on a full-time, part-time, permanent or

temporary basis, for communication functions to include receiving calls or

dispatching for emergency and law enforcement services.

(16)         "Commission" as it pertains to criminal

offenses means a finding by the North Carolina Sheriffs' Education and Training

Standards Commission or an administrative body, pursuant to the provisions of

G.S. 150B, that a person performed the acts necessary to satisfy the elements

of a specified criminal offense.

(17)         "Sworn Law Enforcement Position" means a

position with a criminal justice agency of the United States, any state, or a

political subdivision of any state which, by law, has general power of arrest

and requires each of the following:

(a)           successful completion of the Basic Law

Enforcement Training curriculum offered by the respective state or federal

entity; and

(b)           an independent oath of office providing for

the execution of the laws of the respective state or federal jurisdiction.

(18)         "General Powers of Arrest" means the

authority to enforce the state or federal laws within the officer's territorial

and subject matter jurisdiction to include the authority to arrest and cite

offenders under the laws of the jurisdiction.  These powers must be conferred

on the officer by virtue of occupying a sworn law enforcement position. 

General powers of arrest means those powers, even though limited by subject

matter jurisdiction, which may be exercised as a routine responsibility of the

office.  General powers of arrest does not mean those powers of arrest

conferred by virtue of a special appointment or those granted as an incidental,

as opposed to a primary, function of the office.

(19)         "In-Service Training Coordinator" means

the person designated by the Department Head to administer the agency's

in-service training program.

(20)         "Qualified Assistant" means an additional

staff person designated as such by the School Director to assist in the

administration of a course when justification of demonstrated need has been

provided to the Division.

(21)         "Unprofessional Personal Conduct" means an

act that is:

(a)           conduct for which no reasonable person

should expect to receive prior warning;

(b)           job-related conduct which constitutes a

violation of State or federal law;

(c)           conviction or commission of a criminal

offense as set out in 12 NCAC 10B .0204;

(d)           the willful violation of Rules of this

Chapter;

(e)           conduct that is detrimental to instruction

in the Commission's mandated courses;

(f)            the abuse of client(s), student(s) or

person(s) over whom the instructor has charge; or

(g)           falsification of an instructor application

or in other employment documentation.

 

History Note:        Authority G.S. 17E-7:

Eff. January 1, 1989;

Amended Eff. January 1, 1994; January 1, 1993;

Temporary October 1, 1994 for a period of 180 days or

until the permanent rule become effective whichever is sooner;

Amended Eff. January 1, 1996; March 1, 1995;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. February 1, 2009; January 1, 2008; January

1, 2006; August 1, 2000; August 1, 1998.

 

12 NCAC 10B .0104          SHERIFFS' STANDARDS DIVISION

The Sheriffs' Standards Division of the North Carolina

Department of Justice shall administer such programs as are assigned to it by

the Commission including the standards set forth in these Rules.  The Division

shall present to the Commission for its adoption administrative procedures for

those programs of certification and accreditation and may create appropriate

forms for application for and administration of those programs.

 

History Note:        Authority G.S. 17E‑6;

Eff. January 1, 1989.

 

 

 

12 NCAC 10B .0105          ADMINISTRATIVE HEARING PROCEDURES

(a)  Administrative hearings in contested cases conducted by

the Commission or an administrative law judge (as authorized in G.S. 150B‑40)

shall be governed by:

(1)           procedures set out in Article 3A of G.S.

150B;

(2)           insofar as relevant, the Rules of Civil

Procedure as contained in G.S. 1A‑1;

(3)           insofar as relevant, the General Rules of

Practice for the Superior and District Courts as authorized by G.S. 7A‑34

and found in the Rules Volume of the North Carolina General Statutes.

(b)  The rules establishing procedures for contested cases

adopted by the Office of Administrative Hearings as contained in Title 26,

Chapter 3 of the North Carolina Administrative Code are hereby incorporated by

reference and shall automatically include any later amendments and editions of

the referenced materials as provided by G.S. 150B‑21.6.  Copies of these

Rules may be obtained from the Office of Administrative Hearings, Post Office

Drawer 27447, Raleigh, North Carolina 27611-7447 at a cost of three dollars and

forty cents ($3.40) per copy at the time of amendment of this Rule.

(c)  If the case is conducted under G.S. 150B‑40(b),

the presiding officer shall have the powers and duties given to the Chief

Administrative Law Judge or the presiding Administrative Law Judge in Title 26,

Chapter 3 of the North Carolina Administrative Code.

(d)  An applicant for certification or a certified officer

shall have 30 days from the date of receipt of a notice of proposed action by

the Commission to request a contested case hearing.

 

History Note:        Authority G.S. 17E-9(b); 150B‑20;

150B‑21.6; 150B‑38(h); 150B‑40;

Eff. January 1, 1989;

Amended Eff. January 1, 1996; January 1, 1994.

 

 

 

12 NCAC 10B .0106          PROCEDURES FOR PETITIONS FOR RULE‑MAKING

In addition to the procedures set out in G.S. 150B‑20,

Petitions for Rule‑Making shall be submitted to the Commission and shall

contain:

(1)           petitioner's name, address and telephone number;

(2)           a draft of the proposed rule or rule change;

(3)           the reason for its proposal;

(4)           the effect of the proposal on existing rules or

decisions;

(5)           data supporting the proposal;

(6)           practices likely to be affected by the proposal;

and

(7)           a list or description of persons likely to be

affected by the proposed rule.

 

History Note:        Authority G.S. 150B‑20;

Eff. January 1, 1990;

Amended Eff. January 1, 1993.

 

 

 

12 NCAC 10B .0107          PROCEDURES FOR PETITIONS FOR

DECLARATORY RULINGS

(a)  In addition to the procedures set out in G.S. 150B-4,

Petitions for Declaratory Rulings shall be submitted to the Commission and

shall contain:

(1)           petitioner's name, address and telephone

number;

(2)           the statute(s), rule(s) or both to which

the request relates;

(3)           all facts and information which are

relevant to the request;

(4)           a concise statement of the manner in which

petitioner has been aggrieved;

(5)           a draft of the Declaratory Ruling sought by

petitioner (if specified outcome is sought by petitioner);

(6)           practices likely to be affected by the

Declaratory Ruling;

(7)           a list or description of persons likely to

be affected by the Declaratory Ruling; and

(8)           a statement as to whether the petitioner

desires to present oral argument (not to exceed 30 minutes) to the Commission

prior to its decision.

(b)  The Commission may refuse to issue a Declaratory Ruling

when:

(1)           the petition does not comply with Paragraph

(a) of this Rule;

(2)           the Commission has previously issued a

Declaratory Ruling on substantially similar facts;

(3)           the Commission has previously issued a

Final Agency Decision in a contested case on substantially similar facts;

(4)           the facts underlying the request for a Declaratory

Ruling were specifically considered at the time of the adoption of the rule in

question; or

(5)           the subject matter of the request is

involved in pending litigation.

 

History Note:        Authority G.S. 150B-4;

Eff. January 1, 1990;

Amended Eff. August 1, 1998.

 

 

 

12 NCAC 10B .0108          ADMINISTRATION OF PROGRAMS

(a)  The Division shall administer all programs of the

Commission regarding certification and implementation of standards.

(b)  The administrative duties of the Division include:

(1)           preparing and distributing a compilation of

these Rules to persons, agencies, and institutions subject thereto;

(2)           creating and distributing forms to aid

application for certification and reporting of programs conducted under these

Rules;

(3)           developing and administering comprehensive

examinations to provide a basis for the decision to certify Justice Officers;

(4)           monitoring and evaluating the activities of

persons, agencies, and institutions subject to these Rules;

(5)           providing technical assistance to agencies

and institutions regarding their substantive and procedural responsibilities

under these Rules;

(6)           investigating and reporting to the

Commission violations of and deviations from these Rules by any person, agency,

or institution;

(7)           maintaining records of application, qualification,

and program reports filed with the Commission under these Rules;

(8)           collecting information relevant to the

programs of the Commission from persons, agencies, and institutions subject to

these Rules;

(9)           compiling and maintaining the official records

of Commission meetings and acts;

(10)         transmitting notice of Commission actions to

all persons, agencies, and institutions affected by Commission action;

(11)         divulging to authorized requesters

information in the personnel and program files of the Commission.

 

History Note:        Authority G.S. 17E‑6;

Eff. January 1, 1989;

Recodified from 12 NCAC 10B .0201 Eff. January 1, 1992.

 

 

 

12 NCAC 10B .0109          DEVELOPMENT OF PROGRAMS

The Division shall assist the Commission in developing and

evaluating programs for the improvement of North Carolina Sheriffs' offices by:

(1)           Compiling data, performing research, and developing

reports concerning the needs of all sheriffs' offices;

(2)           Presenting to the Commission recommendations for

the development of new programs and the revision of existing programs;

(3)           Disseminating information about Commission programs

to concerned agencies and persons; and

(4)           Collecting comments about Commission programs

contributed by agencies and the public.

 

History Note:        Authority G.S. 17E‑6;

Eff. January 1, 1989;

Recodified from 12 NCAC 10B .0202 Eff. January 1, 1992;

Amended Eff. February 1, 1998.

 

12 NCAC 10B .0110          DIVULGING PERSONNEL INFORMATION

Information maintained in the Division's files concerning a

Justice Officer may be inspected or disclosed only as provided by law.

 

History Note:        Authority G.S. 17E‑6;

Eff. January 1, 1989;

Recodified from 12 NCAC 10B .0203 Eff. January 1, 1992.

 

 

 

 

 

SECTION .0200 ‑ ENFORCEMENT RULES

 

12 NCAC 10B .0201          INVESTIGATION OF VIOLATION OF RULES

(a)  If any criminal justice agency, school, authorized

representative acting on behalf of either, or individual is reported to be or

suspected of being in violation of any of these Rules, the Commission may take

action to correct the violation and to ensure that similar violations do not

occur.

(b)  Before taking action against an agency, school, or

individual for a violation, the Division shall investigate the alleged

violation and, when required by the Director, shall present a report of its

findings to the Probable Cause Committee of the Commission.

(c)  The Probable Cause Committee may convene prior to each

regular meeting of the Commission to consider these investigative reports and

make a determination as to whether or not probable cause exists that the

Commission's rules have been violated; or may delegate authority to the

Director for further action.

(d)  The Probable Cause Committee may:

(1)           direct the Division to conduct a further

investigation of the alleged violation;

(2)           request the Attorney General to authorize an

investigation of the violation by the State Bureau of Investigation;

(3)           direct the Division to conduct an

administrative hearing in the matter; or

(4)           determine the appropriate sanctions against

the violator pursuant to the Commission's Rules.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1992;

Amended Eff. January 1, 1994.

 

 

 

12 NCAC 10B .0202          SANCTIONS FOR VIOLATIONS BY AGENCIES

OR SCHOOLS

If the Commission finds that a violation of any rules in

this Chapter has been committed by an agency or school, the Commission may:

(1)           issue an oral warning and request for compliance;

(2)           issue a written warning and request for compliance;

(3)           issue an official written reprimand;

(4)           summarily suspend when the Commission finds that

the public health, safety, or welfare requires emergency action, revoke, or

deny accreditation to any school or program or course of instruction until

corrective measures have been taken to bring the agency or school into

compliance with the rules in this Subchapter and verification of such

compliance has been made by the Commission; or

(5)           revoke, or deny accreditation to any school or

program or course of instruction for a specific period of time to be determined

by the Commission's Probable Cause Committee; however, not to exceed one year.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1991;

Recodified from 12 NCAC 10B .0205 Eff. January 1, 1992;

Amended Eff. March 1, 2009; August 1, 1998.

 

12 NCAC 10B .0203          SANCTIONS FOR VIOLATIONS BY

INDIVIDUALS

When any person certified by the Commission is found to have

knowingly and willfully violated any provision or requirement of the rules in

this Subchapter, the Commission may take action to correct the violation and to

ensure that the violation does not re‑occur, including:

(1)           issuing an oral warning and request for compliance;

(2)           issuing a written warning and request for

compliance;

(3)           issuing an official written reprimand;

(4)           summarily suspending the individual's certification

for a specified period of time or until acceptable corrective action is taken

by the individual upon a specific finding that allowing the individual to work

poses a danger to the public health, safety and welfare; or

(5)           revoking or denying the individual's certification. 

Where action is being taken against an instructor or school director the

Probable Cause Committee shall specify a period of time for the revocation or

denial not to exceed five years.  Where action is being taken against an

applicant for justice officer certification or a certified justice officer, the

sanctions set out in 12 NCAC 10B .0205 apply.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1991;

Recodified from 12 NCAC 10B .0206 Eff. January 1, 1992;

Amended Eff. January 1, 2009; January 1, 1993.

 

12 NCAC 10B .0204          SUSPENSION: REVOCATION: OR DENIAL OF

CERTIFICATION

(a)  The Commission shall revoke or deny the certification

of a justice officer when the Commission finds that the applicant for

certification or the certified officer has committed or been convicted of:

(1)           a felony; or

(2)           a crime for which the authorized punishment

could have been imprisonment for more than two years.

(b)  The Commission shall revoke, deny, or suspend the

certification of a justice officer when the Commission finds that the applicant

for certification or the certified officer:

(1)           has not enrolled in and satisfactorily

completed the required basic training course in its entirety within a one year

time period as specified by the rules in this Subchapter;

(2)           fails to meet or maintain any of the

employment or certification standards required by 12 NCAC 10B .0300;

(3)           fails to satisfactorily complete the

in-service training requirements as presented in 12 NCAC 10B .2000 and .2100 or

12 NCAC 09E .0100;

(4)           has refused to submit to the drug screen as

required by the rules in this Chapter or the rules of the Criminal Justice

Education and Training Standards Commission or has refused to submit to an

in-service drug screen pursuant to the guidelines set forth in the Drug Screening

Implementation Guide as required by the employing agency through which the

officer is certified;

(5)           has produced a positive result on any drug

screen reported to the Commission as specified in 12 NCAC 10B .0410 or reported

to any commission, agency, or board established to certify, pursuant to said

commission, agency, or boards' standards, a person as a justice officer, a

corrections officer as defined in 12 NCAC 09G .0102 or a criminal justice

officer as defined in 12 NCAC 09A .0103(6), unless the positive result is due

to a medically indicated cause.

(c)  The Commission may revoke, deny, or suspend the

certification of a justice officer when the Commission finds that the applicant

for certification or certified justice officer:

(1)           has knowingly made a material

misrepresentation of any information required for certification or

accreditation from the Commission or the North Carolina Criminal Justice

Education and Training Standards Commission.  This Subparagraph also applies to

obtaining or attempting to obtain in-service firearms requalification as

required by 12 NCAC 10B .2000 and .2100;

(2)           has knowingly and designedly by any means

of false pretense, deception, fraud, misrepresentation or cheating whatsoever,

obtained or attempted to obtain credit, training or certification from the

Commission or the North Carolina Criminal Justice Education and Training

Standards Commission.  This Subparagraph also applies to obtaining or

attempting to obtain in-service firearms requalification as required by 12 NCAC

10B .2000 and .2100;

(3)           has knowingly and designedly by any means

of false pretense, deception, fraud, misrepresentation or cheating whatsoever,

aided another in obtaining or attempting to obtain credit, training, or

certification from the Commission or the North Carolina Criminal Justice

Education and Training Standards Commission.  This Subparagraph also applies to

obtaining or attempting to obtain in‑service firearms requalification as

required by 12 NCAC 10B .2000 and .2100;

(4)           has been removed from office by decree of

the Superior Court in accordance with the provisions of G.S. 128‑16 or

has been removed from office by sentence of the court in accord with the

provisions of G.S. 14‑230; or

(5)           has been denied certification or had such

certification suspended or revoked by the North Carolina Criminal Justice

Education and Training Standards  Commission, or a similar North Carolina,

out-of-state or federal approving, certifying or licensing agency.

(d)  The Commission may revoke, suspend or deny the

certification of a justice officer when the Commission finds that the applicant

for certification or the certified officer has committed or been convicted of:

(1)           a crime or unlawful act defined in 12 NCAC

10B .0103(10)(b) as a Class B misdemeanor and which occurred after the date of

appointment; 

(2)           a crime or unlawful act defined in 12 NCAC

10B .0103(10)(b) as a Class B misdemeanor within the five‑year period

prior to the date of appointment;

(3)           four or more crimes or unlawful acts

defined in 12 NCAC 10B .0103(10)(b) as Class B misdemeanors regardless of the

date of commission or conviction;

(4)           an accumulation of four or more crimes or

unlawful acts defined in 12 NCAC 10B .0103(10)(a) as a Class A misdemeanor,

regardless of the date of commission or conviction except the applicant shall

be certified if the last conviction or commission occurred more than two years

prior to the date of appointment; or

(5)           any combination of four or more crimes or

unlawful acts defined in 12 NCAC 10B .0103(10)(a) as a Class A misdemeanor or

defined in 12 NCAC 10B .0103(10)(b) as a Class B misdemeanor regardless of the

date of commission or conviction.

(e)  Without limiting the application of G.S. 17E, a person

who has had his certification suspended or revoked shall not exercise the

authority or perform the duties of a justice officer during the period of

suspension or revocation.

(f)  Without limiting the application of G.S. 17E, a person

who has been denied certification revoked shall not be employed or appointed as

a justice officer or exercise the authority or perform the duties of a justice

officer.

(g)  If the Commission does revoke, suspend, or deny the

certification of a justice officer pursuant to this Rule, the period of such

sanction shall be as set out in 12 NCAC 10B .0205.

 

History Note:        Authority G.S. 17E‑7;

Eff. January 1, 1990;

Amended Eff. July 1, 1990;

Recodified from 12 NCAC 10B .0204 Eff. January 1, 1991;

Amended Eff. April 1, 1991; January 1, 1991;

Recodified from 12 NCAC 10B .0207 Eff. January 1, 1992;

Amended Eff. January 1, 2009; January 1, 2008; January 1,

2007; January 1, 2006; March 1, 2005; January 1, 2005; August 1, 1998; January

1, 1996; January 1, 1995; January 1, 1994; January 1, 1993.

 

12 NCAC 10B .0205          PERIOD OF SUSPENSION: REVOCATION: OR

DENIAL

When the Commission suspends, revokes, or denies the

certification of a justice officer, the period of sanction shall be:

(1)           permanent where the cause of sanction is:

(a)           commission or conviction of a felony;

(b)           commission or conviction of a crime for

which authorized punishment included imprisonment for more than two years; or

(c)           the second revocation, suspension, or denial

of an officer's certification for any of the causes requiring a five-year

period of revocation, suspension, or denial as set out in Item (2) of this

Rule.

(2)           not less than five years where the cause of

sanction is:

(a)           commission or conviction of offenses as

specified in 12 NCAC 10B .0204(d)(1);

(b)           material misrepresentation of any

information required for certification or accreditation from the Commission or

the North Carolina Criminal Justice Education and Training Standards

Commission;

(c)           knowingly and designedly by any means of

false pretense, deception, fraud, misrepresentation or cheating whatsoever,

obtained or attempted to obtain credit, training or certification from the

Commission or the North Carolina Criminal Justice Education and Training Standards

Commission;

(d)           knowingly and designedly by any means of

false pretense, deception, fraud, misrepresentation or cheating whatsoever,

aiding another in obtaining or attempting to obtain credit, training, or

certification from the Commission or the North Carolina Criminal Justice

Education and Training Standards Commission. This Sub-Item also applies to

obtaining or attempting to obtain credit for in-service training as required by

12 NCAC 10B .1700, .1800, .2000, or.2100;

(e)           failure to make either of the notifications

as required by 12 NCAC 10B .0301(a)(7);

(f)            removal from office under the provisions of

G.S. 128-16 or the provisions of G.S. 14-230; or

(g)           a positive result on a drug screen, or a

refusal to submit to drug testing as required by the rules in this Chapter or

the rules of the Criminal Justice Education and Training Standards Commission

or has refused to submit to an in-service drug screen pursuant to the

guidelines set forth in the Drug Screening Implementation Guide as required by

the employing agency through which the officer is certified.

The Commission may either reduce or

suspend the periods of sanction under this Item or substitute a period of

probation in lieu of revocation, suspension or denial following an

administrative hearing. This authority to reduce or suspend the period of

sanction may be utilized by the Commission when extenuating circumstances

brought out at the administrative hearing warrant such a reduction or

suspension.

(3)           for an indefinite period, but continuing so long as

the stated deficiency, infraction, or impairment continues to exist, where the

cause of sanction is:

(a)           failure to meet or satisfy relevant basic

training requirements;

(b)           failure to meet or maintain the minimum

standards of employment or certification;

(c)           failure to meet or satisfy the in-service

training requirements as prescribed in 12 NCAC 10B .2000 or .2100 or 12 NCAC

09E .0100;

(d)           commission or conviction of offenses as

specified in 12 NCAC 10B .0204(d)(2), (3), (4) and (5); or

(e)           denial, suspension, or revocation of

certification pursuant to 12 NCAC 10B .0204(c)(5).

The Commission may either reduce or

suspend the periods of sanction where revocation, denial or suspension of

certification is based upon the Subparagraphs set out in 12 NCAC 10B .0204(d) or

substitute a period of probation in lieu of revocation, suspension or denial

following an administrative hearing. This authority to reduce or suspend the

period of sanction may be utilized by the Commission when extenuating circumstances

brought out at the administrative hearing warrant such a reduction or

suspension.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 1991;

Recodified from 12 NCAC 10B .0208 Eff. January 1, 1992;

Amended Eff. January 1, 2013; January 1, 2009; January 1,

2008; January 1, 2007; January 1, 2006; March 1, 2005; January 1, 1995; January

1, 1994; January 1, 1993; January 1, 1992.

 

12 NCAC 10B .0206          SUMMARY SUSPENSIONS: OR DENIALS

(a)  The Commission may summarily suspend or deny the

certification of a justice officer or instructor when, in the opinion of the

Commission, the public health, safety, or welfare requires this emergency

action of summary suspension or denial. The following conditions specifically

affect the public health, safety, or welfare and therefore the Commission, by

and through the Director, shall utilize summary suspension or denial following

a full investigation of the matter when:

(1)           the applicant for certification or the

certified justice officer has committed or been convicted of a violation of the

criminal code that would require a permanent revocation or denial of

certification;

(2)           the justice officer has failed to comply

with the training requirements of 12 NCAC 10B .0500, .0600, and .1300;

(3)           the certified justice officer or criminal

justice officer fails to satisfactorily complete the minimum in-service

training requirements as prescribed in 12 NCAC 10B .2000 or .2100 or 12 NCAC

09E .0100;

(4)           the applicant for certification has refused

to submit to the drug screen as required in 12 NCAC 10B .0301(6) or .0406(c)(3)

or in connection with an application for or certification as a justice officer

or a criminal justice officer as defined in 12 NCAC 09A .0103(6); or

(5)           the applicant for certification or the

certified officer has produced a positive result on any drug screen reported to

the Commission as specified in 12 NCAC 10B .0410 or reported to any commission,

agency, or board established to certify, pursuant to said commission, agency,

or board's standards, a person as a justice officer or a criminal justice

officer as defined in 12 NCAC 09A .0103(6), unless the positive result is due

to a medically indicated cause.

(b)  Without limiting the application of G.S. 17E, a person

who has had his or her certification summarily suspended or denied may not

exercise the authority or perform the duties of a justice officer during the

period of suspension or denial.

 

History Note:        Authority G.S. 17E-8; 17E-9; 150B-3(c);

Eff. January 1, 1992;

Amended Eff. January 1, 1993;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. January 1, 2013; January 1, 2008; March 1,

2005; April 1, 1999; August 1, 1998.

 

section .0300 – minimum

standards fpr employment and certification as a justice officer

 

12 NCAC 10B .0301          MINIMUM STANDARDS FOR JUSTICE OFFICERS

(a)  Every Justice Officer employed or certified in North

Carolina shall:

(1)           be a citizen of the United States;

(2)           be at least 21 years of age;

(3)           be a high school graduate, or the

equivalent (GED);

(4)           have been fingerprinted by the employing

agency;

(5)           have had a medical examination as set out

in 12 NCAC 10B .0304;

(6)           have produced a negative result on a drug

screen administered according to the following specifications:

(A)          the drug screen shall be a urine test consisting of

an initial screening test using an immunoassay method and a confirmatory test

on an initial positive result using a gas chromatography/mass spectrometry

(GC/MS) or other reliable initial and confirmatory tests as may be authorized

or mandated by the Department of Health and Human Services for Federal

Workplace Drug Testing Programs [http://workplace.samhsa.gov/];

(B)          a chain of custody shall be maintained on the

specimen from collection to the eventual discarding of the specimen;

(C)          the drugs whose use shall be tested for shall

include cannabis, cocaine, phencyclidine (PCP), opiates and amphetamines or

their metabolites; however, individual agencies may specify other drugs to be

tested;

(D)          the test threshold values established by the

Department of Health and Human Services for Federal Workplace Drug Testing

Programs are hereby incorporated by reference, and shall include any later

amendments and editions of the referenced materials. Copies of this information

may be obtained from the National Institute on Drug Abuse, 5600 Fisher Lane,

Rockville, Maryland 20857 [http://www.drugabuse.gov/]

at no cost at the time of adoption of this Rule;

(E)           the test results shall be dated no more than 60

days before employment or appointment, whichever is earlier;

(F)           the laboratory conducting the test must be

certified for federal workplace drug testing programs, and must adhere to

applicable federal rules, regulations and guidelines pertaining to the

handling, testing, storage and preservation of samples; and

(G)          every agency head shall make arrangements for the

services of a medical review officer (MRO) for the purpose of review of drug

tests reported by the laboratory and such officer shall be a licensed

physician;

(7)           make the following notifications:

(A)          within five business days, notify the Standards

Division and the appointing department head in writing of all criminal offenses

with which the officer is charged. This shall include all criminal offenses

except minor traffic offenses. A minor traffic offense is any offense under G.S.

20 or similar laws of other jurisdictions; except those Chapter 20 offenses

defined as either a Class A or B Misdemeanor as set out in 12 NCAC 10B .0103(10).

The initial notification required must specify the nature of the offense, the

date of offense, and the arresting agency. Within five business days, notify

the Standards Division of all Domestic Violence Orders (G.S. 50B) and Civil No

Contact Orders (G.S. 50C) which are issued by a judicial official against the

justice officer and which provide an opportunity for both parties to be

present;

(B)          within 20 days of the date the case was disposed,

notify the appointing department head of the adjudication of these criminal charges,

Domestic Violence Orders (G.S. 50B) and Civil No Contact Orders (G.S. 50C). The

department head, provided he or she has knowledge of the officer's charge(s),

Domestic Violence Orders (G.S. 50B) and Civil No Contact Orders (G.S. 50C),

shall also notify the Division within 30 days of the date the case or order was

disposed of in court.

(C)          within 30 days of the date the case was disposed,

notify the Standards Division of the adjudication of these criminal charges,

Domestic Violence Orders (G.S. 50B) and Civil No Contact Orders (G.S. 50C);

(D)          the required notifications of adjudication must

specify the nature of the offense, the court in which the case was handled and

the date of disposition, and must include a certified copy of the final

disposition from the Clerk of Court in the county of adjudication;

(E)           receipt by the Standards Division of timely

notification of the initial offenses charged and of adjudication of those

offenses, from either the officer or the department head, is sufficient notice

for compliance with this Subparagraph;

(8)           be of good moral character as defined in:  In

re Willis, 288 N.C. 1, 215 S.E.2d 771 (1975), appeal dismissed 423

U.S. 976 (1975); State v. Harris, 216 N.C. 746, 6 S.E.2d 854 (1940); In

re Legg, 325 N.C. 658, 386 S.E.2d 174 (1989); In re Applicants for

License, 143 N.C. 1, 55 S.E. 635 (1906); In re Dillingham, 188 N.C.

162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E.2d 647

(1983); and their progeny;

(9)           have a background investigation conducted

by the employing agency, to include a personal interview prior to employment as

set out in Rules .0305 and .0306 of this Section;

(10)         not have committed or been convicted of a

crime or crimes as specified in 12 NCAC 10B .0307.

(b)  The requirements of this Rule shall apply to all

applications for certification and shall also be applicable at all times during

which the justice officer is certified by the Commission.

 

History Note:        Authority G.S. 17E-7;

Eff. January 1, 1989;

Amended Eff. February 1, 2014; January 1, 2006; January

1, 2005; August 1, 2002; January 1, 1996; January 1, 1994; January 1, 1993;

January 1, 1992; July 1, 1990; January 1, 1990.

 

12 NCAC 10B .0302          DOCUMENTATION OF EDUCATIONAL

REQUIREMENT

(a)  Each applicant for Justice Officer certification shall

furnish documentary evidence of high school, college or university graduation

to the employing agency.  Documentary evidence of high school graduation

consists of diplomas or transcripts from public schools or private schools

which meet standards adopted by either the North Carolina Department of Public

Instruction, the Division of Non-Public Instruction, or a comparable out of

state agency.  Documentary evidence of college or university graduation

consists of diplomas or transcripts from colleges or universities accredited as

such by the Department of Education of the state in which the institution is

located, an accredited body recognized by either the U.S. Department of

Education or Council for Higher Education Accreditation, or the state

university of the state in which the institution is located.

(b)  High School Diplomas earned through home school

programs must be accompanied by a true and accurate or certified transcript and

must meet the requirements of Part 3 of Article 39 of Chapter 115C of the North

Carolina General Statutes, or a comparable out-of-state statute.

(c)  Diplomas earned from High Schools outside of the United States must be translated into English and be accompanied by an authentic

transcript.  Transcripts reflecting curriculum requirements not scholastically

comparable to those in the United States are not acceptable.

(d)  High School diplomas earned through correspondence

courses are not recognized toward the educational requirements.

(e)  Documentary evidence of having passed the General

Educational Development Test (GED) shall be satisfied by a certified copy of

GED test results or by a copy of the applicant's GED diploma.

(f)  Documentary evidence of the attainment of satisfactory

scores on any military high school equivalency examination is acceptable as

evidence of high school graduation if verified by a true copy of the veteran's

DD214.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. January 1, 2008; August 1, 2000; January 1,

1992; January 1, 1990.

 

12 NCAC 10B .0303          FINGERPRINT RECORDS CHECK

(a)  Each applicant for certification shall be

fingerprinted.  A criminal history records check against State and Federal

files will be conducted by both the State Bureau of Investigation (SBI) and the

Federal Bureau of Investigation (FBI) based on those prints.  Upon receipt from

the SBI, the Division shall forward a copy of the results of the criminal

history records check, to the employing agency which shall be retained in the

applicant's personnel file.

(b)  Certifications issued prior to the receipt by the

Division of the fingerprint and criminal history records check of state and

federal files, as conducted by the SBI and FBI, are conditional.  Such

conditional certifications may summarily be suspended by the Commission upon

receipt from the SBI or FBI of a fingerprint or criminal history records check

that indicates that the officer has been convicted of an offense as specified

in 12 NCAC 10B .0307.

(c)  In compliance with 12 NCAC 10B .0404(a)(1), a justice

officer shall not be eligible for general certification and shall remain on

probationary certification until the requirements of this Rule have been met.

 

History Note:        Authority G.S. 17E‑7;

Eff. January 1, 1989;

Amended Eff. August 1, 2000; January 1, 1993; January 1,

1992.

 

12 ncac 10b .0304          MEDICAL EXAMINATION

(a)  Each applicant for certification or enrollee in a

Commission-certified basic training course shall complete, sign and date the

Commission's Medical History Statement Form (F‑1) and shall be examined

by a either a physician, surgeon, physician's assistant or nurse practitioner

or other licensed independent practitioner who is licensed in North Carolina or

who is authorized to practice medicine in accordance with the rules and

regulations of the United States Armed Forces  to help determine his/her

fitness in carrying out the physical requirements of the position of justice

officer.

(b)  Prior to conducting the examination, the physician,

surgeon, physician's assistant or nurse practitioner or other licensed independent

practitioner shall:

(1)           read the "Medical Screening Guidelines

Implementation Manual for Certification of Justice Officers" in the State

of North Carolina as published by the North Carolina Department of Justice.  Copies

of this publication may be obtained at no cost at the time of the adoption of

this Rule by contacting the North Carolina Department of Justice, Sheriffs'

Standards Division, PO Box 629, Raleigh, North Carolina 27602; and

(2)           read, sign, and date the Medical History

Statement Form (F-1); and

(3)           read the F-2A Form attached to the Medical

Examination Report Form (F-2).

(c)  The examining physician, surgeon, physician's assistant

or nurse practitioner or other licensed independent practitioner shall record

the results of the examination on the Medical Examination Report Form (F-2) and

sign and date the form.

(d)  The Medical Examination Report Form (F-2) and the

Medical History Statement Form (F-1) shall be valid one year from the date the

examination was conducted and are completed prior to:

(1)           the applicant's beginning the Detention

Officer Certification Course, the Basic Law Enforcement Training Course, or the

Telecommunicator Certification Course; and

(2)           the applicant's applying to the Commission

for Certification.

Note:  Although not presently required, it is recommended by

the Commission that each candidate for the position of justice officer be

examined by a licensed psychiatrist or clinical psychologist, or be

administered a psychological evaluation test battery, to determine his/her

suitability to perform the essential job functions of a justice officer.

 

History Note:        Authority G.S. 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 1996; January 1, 1993; January 1,

1991; January 1, 1990;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. January 1, 2009; August 1, 2002; April 1,

2001; August 1, 1998.

 

12 NCAC 10B .0305          BACKGROUND INVESTIGATION

(a)  Prior to the background investigation conducted by the

employing agency to determine the applicant's suitability to perform essential

job functions, the applicant shall complete the Commission's Personal History

Statement (F-3) to provide a basis for the investigation.  The Personal History

Statement (F-3) submitted to the Division shall be completed no more than 120

days prior to the applicant's date of appointment.

(b)  If the Personal History Statement (F-3) was completed

more than 120 days prior to the applicant's date of appointment, the Personal

History Statement (F-3) shall be updated by the applicant who shall initial and

date all changes or a new Personal History Statement (F-3) must be completed.

(c)  The employing agency shall ensure the proper dates,

signatures, and notarizations are affixed to the Personal History Statement

(F-3); and shall also certify that the results of the background investigation

are consistent with the information provided by the applicant on the Personal

History Statement (F-3), and if not, provide the applicant the opportunity to

update the F-3 prior to submission to the Division.

(d)  The employing agency, prior to employment, shall

examine the applicant's character traits and habits relevant to his/her

performance as a justice officer and shall determine whether the applicant is

of good moral character as defined in Rule .0301(a)(8).  The investigator shall

summarize the results of the investigation on the Commission-mandated

Background Investigation Form (F-8) which shall be signed and dated by the

investigator.

(e)  The Background Investigation Form (F-8) shall include

records checks from:

(1)           a state-wide search of the Administrative

Office of the Courts (AOC) computerized system;

(2)           the national criminal record database

accessible through the Division of Criminal Information (DCI) network;

(3)           the North Carolina Division of Motor

Vehicles, if the applicant has ever possessed a driver's license issued in North Carolina; and

(4)           out-of-state motor vehicles check obtained

through the Division of Criminal Information or obtained through the any other

state's Division of Motor Vehicles if the applicant held a license in that

State(s) within the 10 year period prior to the date of appointment.

(f)  The Background Investigation must also include records

checks from jurisdictions in which the applicant resided within the 10 year

period prior to the date of appointment and where the applicant attended high

school, as follows:

(1)           Where the applicant resided in

jurisdictions in North Carolina, Clerk of Court records checks are acceptable;

(2)           Where the applicant resided in another

country, an Interpol records check is acceptable provided the country is a

member of Interpol; or if the applicant was in the United States military, a

military records check is acceptable; or if neither, efforts shall be made and

documented to attempt to obtain a records check from the country and submitted

if available; and

(3)           Where the applicant resided in a State

other than North Carolina, a records check through the Division of Criminal

Information using the IQ inquiry is acceptable provided the State will respond

to that type of inquiry; or if not, then either a records check response from

both the municipality, city or town where the applicant resided and the

county-wide Sheriff's Office or Police Department obtained through traditional

correspondence; or a records check from the appropriate county-wide or

state-wide record holding agency is acceptable.

(g)  If the applicant had prior military service, the

Background Investigation must also include a copy of the applicant's DD214

which shows the characterization of discharge for each discharge which occurred

and military discipline received, if any.  If the DD214 indicates a discharge

characterization of any type other than Honorable, then a military records

check is also required.

(h)  All records checks shall be performed on each name by

which the applicant for certification has ever been known since the age of 12. 

If the applicant has had an official name change which occurred after the

applicant had reached the age of 12 years of age, then documentation of that

name change is required.

(i)  The employing agency shall forward to the Division

certified copies of any criminal charge(s) and disposition(s) known to the

agency or listed on the applicant's Personal History Statement (F-3).  The

employing agency shall explain to the satisfaction of Division staff that

charges or other violations which may result from the records checks required

in Paragraph (e) of this Section do not pertain to the applicant for

certification.  This documentation shall be included with all other

documentation required in 12 NCAC 10B .0408.

(j)  The employing agency shall include a signed and

notarized Release Authorization Form which authorizes the Division staff to

obtain documents and records pertaining to the applicant for certification

which may be required in order to determine whether certification may be

granted.

 

History Note:        Authority G.S. 17E-7;

Eff. January 1, 1989;

Amended Eff. January 1, 2010; January 1, 2009; January 1,

2007; August 1, 2002; January 1, 1994; January 1, 1993; January 1, 1992;

January 1, 1990.

 

12 NCAC 10B .0306          EMPLOYMENT INTERVIEW

(a)  Prior to employment, the employing agency shall conduct

an interview of the applicant to determine the applicant's abilities and

potential for success as a justice officer.

(b)  The sheriff may conduct the interview personally, or he

may delegate the responsibility to a qualified staff member or panel.

 

History Note:        Authority G.S. 17E‑7;

Eff. January 1, 1989.

 

 

 

12 NCAC 10B .0307          CRIMINAL HISTORY RECORD

(a)  Consistent with and subject to the requirements of 12

NCAC 10B .0204, every justice officer employed or certified in North Carolina

shall not have committed or been convicted by a local, state, federal or military

court of:

(1)           a felony; or

(2)           a crime for which the punishment could have

been imprisonment for more than two years.

(b)  Consistent with and subject to the requirements of 12

NCAC 10B .0204, every justice officer employed or certified in North Carolina

should not have committed or been convicted by a local, state, federal or

military court of:

(1)           a crime or unlawful act defined as a

"Class B Misdemeanor" within the five year period prior to the date

of appointment; or

(2)           four or more crimes or unlawful acts

defined as "Class B Misdemeanors" regardless of the date of

conviction or commission; or

(3)           four or more crimes or unlawful acts

defined as "Class A Misdemeanors" except the applicant can be

employed if the last conviction or commission occurred more than two years

prior to the date of  appointment; or

(4)           a combination of four or more AClass A or B Misdemeanors@ regardless of the date.

(c)  The requirements of this Rule shall be applicable at

all times during which the officer is certified by the Commission and shall

also apply to all applications for certification.

 

History Note:        Authority G.S. 17E‑7;

Eff. January 1, 1989;

Amended Eff. August 1, 2002; January 1, 1996; January 1,

1993; January 1, 1992; January 1, 1991.

 

12 NCAC 10B .0308          MISREPRESENTATION

 

History Note:        Authority G.S. 17E‑7;

Eff. January 1, 1989;

Repealed Eff. January 1, 1991.

 

 

 

 

 

SECTION .0400 - CERTIFICATION OF JUSTICE OFFICERS

 

12 NCAC 10B .0401          CERTIFICATION OF PERSONNEL

(a)  Every person performing the duties of a deputy sheriff

or a detention officer as defined in 12 NCAC 10B .0103(13) and (14), except

those certified pursuant to 12 NCAC 10B .0407; and every person performing the

duties of a telecommunicator as defined in 12 NCAC 10B .0103(15) and who is

under the direct supervision and control of the Sheriff, shall meet the

certification requirements of this Subchapter.

(b)  Every person performing the duties of a

telecommunicator as defined in 12 NCAC 10B .0103(15) who is not under the

direct supervision and control of the Sheriff, may be appointed to the Division

by the employing entity for purposes of obtaining certification; and if so

appointed, shall meet the requirements of this Subchapter.

(c)  This Section governs the application requirements for

certification and agency responsibilities.  Training requirements for Deputy

Sheriffs, Detention Officers, and Telecommunicators are set out in Sections

.0500, .0600, and .1300 of this Subchapter, respectively.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. February 1, 1998; January 1, 1996; January

1, 1993; January 1, 1991;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. August 1, 2002; August 1, 1998.

 

12 NCAC 10B .0402          PROBATIONARY CERTIFICATION

All justice officers, except those transferred or reinstated

pursuant to Rule .0406 of this Section shall serve a probationary certification

period of one year; provided that the one year probationary period has not been

extended for cause pursuant to 12 NCAC 10B .0303(c); .0503(a); or .0602(a) or

.1303(a).  For certification as a deputy sheriff the probationary period begins

on the date the officer took the Oath of Office.  For certification as a

detention officer or telecommunicator, the probationary period begins on the

date the person was appointed.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 1996; January 1, 1994; January 1,

1991;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. August 1, 1998.

 

 

 

12 NCAC 10B .0403          PROBATIONARY CERTIFICATION REQUIREMENT

(a)  For certification as a justice officer, a Report of

Appointment (Form F-4T) must be submitted to the Division.  Report of

Appointment forms must be submitted to the Division by the sheriff's office no

later than 10 days after the deputy sheriff has taken the Oath of Office, or

the detention officer or the telecommunicator has been appointed.  The Division

shall forward the justice officer's certification to the appointing agency.

(b)  No deputy sheriff or detention officer probationary

certification shall be issued by the Division prior to the applicant meeting

the conditions set forth in this Paragraph.  As an additional requirement for

probationary certification, the applicant shall meet the following

requirements:

(1)           If the applicant for probationary

certification is authorized to carry a firearm pursuant to the provisions of 12

NCAC 10B .2104, the employing agency shall submit evidence of satisfactory

completion of the employing agency's in‑service firearms training and

requalification program pursuant to 12 NCAC 10B .2000 and .2100; or

(2)           If the applicant for probationary

certification is not authorized to carry a firearm pursuant to the provisions

of 12 NCAC 10B .2104, the employing agency shall notify the Division, in

writing, that the applicant is not authorized to carry a firearm.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. February 1, 1998, January 1, 1996; January

1, 1994; January 1, 1991.

Temporary Amendment Eff. March 1, 1998;

Amended Eff. August 1, 1998.

 

 

 

12 NCAC 10B .0404          GENERAL CERTIFICATION

(a)  The Commission shall grant an officer general

certification if evidence is received by the Division that the officer has:

(1)           complied with all of the requirements of 12

NCAC 10B .0300; and

(2)           successfully completed the required

training within the probationary period.

(b)  General certification is continuous from the date of

issuance if:

(1)           The certified officer remains continuously

employed or appointed as an officer in good standing with an agency and the

certification has not been terminated for cause; or

(2)           The certified officer, having separated in

good standing from an agency, is reemployed or reappointed as a justice officer

within one year, and the certification has not been terminated for cause.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 1993.

 

 

 

12 NCAC 10B .0405          REPORT OF SEPARATION

(a)  An agency separating a person from employment or

appointment as a justice officer shall, not later than 10 days after

separation, forward to the Division a completed Report of Separation (F-5).

(b)  Although not presently required by these Rules, it is

recommended by the Commission that the employing agency cancel the oath of

office of a justice officer who has separated.

(c)  The employing agency will notify the justice officer of

the effective date of separation as reported to the Division, and provide

documentation of such notification at the time Report of Separation (Form F-5)

is submitted to the Division.  Where no such documentation is provided, the

Division will mail a copy of the Report of Separation (Form F-5) to the justice

officer's last known address.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. January 1, 2005; January 1, 1996; January 1,

1992.

 

12 ncac 10b .0406          LATERAL TRANSFER/REINSTATEMENTS

(a)  The General or Grandfather Certification of an officer

meeting the requirements of 12 NCAC 10B .0103(9) may laterally transfer to an

agency and be certified upon compliance with this Rule, without having to

repeat the requirements set out in 12 NCAC 10B .0303.

(b)  The employing agency shall verify the applicant's

certification status with the Division prior to submission of the application

for certification as a justice officer.

(c)  In order for an officer to be certified pursuant to

Paragraph (a) of this Rule, the employing agency shall submit to the Division,

along with the Report of Appointment (F-4 or F-4T),the documents required in 12

NCAC 10B .0408.

(d)  An officer whose certification has been suspended

pursuant to 12 NCAC 10B .0204(b)(1) may have that certification reinstated

provided that:

(1)           the period of suspension has been six

months or less; and

(2)           the employing agency submits to the

Division, along with a Report of Appointment, the documents required in 12 NCAC

10B .0305.

(3)           the officer has successfully completed the

basic training requirements as prescribed in 12 NCAC 10B .0500 or .0600 or

.1300.

(e) An officer for whom a Report of Separation (Form F-5)

has been submitted to the Division, and who is re-appointed in the same agency,

may be reinstated provided that:

(1)           the period of separation has been

six-months or less; and

(2)           the employing agency submits to the

Division, along with a Report of Appointment, the documents required in 12 NCAC

10B .0305.

(f)  Requirements of Paragraph (c) of this Rule are waived

for officers whose certifications are reinstated pursuant to Paragraphs (d) and

(e) of this Rule.

(g)  All information maintained pursuant to the requirements

of this Rule shall be subject to all state and federal laws governing

confidentiality.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 1994; January 1, 1993; January 1,

1992; July 1, 1990;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. January 1, 2009; January 1, 2005; August 1,

2002; August 1, 1998.

 

12 NCAC 10B .0407          CERTIFICATION OF FORMER SHERIFF

(a)  The Division shall issue a General Certification to any

person as either a deputy sheriff, a detention officer, or telecommunicator who

has previously served as an elected or appointed sheriff, if the person:

(1)           applies to the Commission within one year

of ceasing to serve as an elected or appointed sheriff; and

(2)           has served as an elected or appointed

sheriff for a minimum of eight years; and

(3)           left the office of sheriff in good

standing.

(b)  In order for an officer to be certified under this Rule

.0407, there must be:

(1)           compliance with the Report of Appointment

form requirement of Rule .0403 of this Section;

(2)           submitted to the Division, a copy of the

Oath of Office for applicants requesting certification as a deputy sheriff; and

(3)           submitted to the Division verification that

the applicant meets the requirement of this Rule .0407(a)(2).

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1991;

Amended Eff.  January 1, 1996;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. August 1, 1998.

 

 

 

12 NCAC 10B .0408          VERIFICATION OF RECORDS TO DIVISION

(a)  Prior to issuing certification of each justice officer,

for the purpose of verifying compliance with these Rules, the employing agency

shall submit to the Division, along with the Report of Appointment (F‑4),

the following documents:

(1)           verification of the applicant's compliance

with the educational requirement pursuant to 12 NCAC 10B .0302(a);

(2)           certified copy of the applicant's Oath of

Office, if applying for certification as a deputy sheriff;

(3)           the applicant's Medical History Statement

(F‑1);

(4)           the applicant's Medical Examination Report

(F‑2 and F‑2A);

(5)           the applicant's notarized Personal History

Statement (F‑3);

(6)           the Commission-mandated Background

Investigation Form (F-8) with all accompanying documentation set out in 12 NCAC

10B .0305;

(7)           documentation of negative results on a drug

screen pursuant to 12 NCAC 10B .0301(6); and

(8)           verification of the applicant's compliance

with the probationary certification requirements pursuant to 12 NCAC 10B

.0403(b), if the applicant is a deputy sheriff or a detention officer.

(b)  Compliance with this Rule is waived, with the exception

of the requirements of 12 NCAC 10B .0408(a)(8), for officers applying for dual

certification as defined in 12 NCAC 10B .0103(12) provided that:

(1)           the officer holds a valid certification as

either a deputy sheriff, detention officer, or telecommunicator with the

employing agency requesting dual certification; and

(2)           the officer has not had a break in service

since initial certification with the employing agency requesting dual

certification.

(c)  Where the Division has previously received a complete

Background Investigation Form (F-8) with all accompanying documentation set out

in 12 NCAC 10B .0305 in connection with another application for certification

to this Commission, the Background Investigation need only be updated from the

date of the last background investigation on file in the Division with

documentation of compliance with 12 NCAC .0305(e)(1), (2), (3), and a

county-wide and certified records check for each name used by the applicant for

each jurisdiction where the applicant has resided in North Carolina since the

initial Background Investigation (Form F-8) was completed.  In addition:

(1)           If the applicant has been issued an

out-of-state driver=s

license by a state other than North Carolina since obtaining certification,

then compliance with 12 NCAC 10B .0305(e)(4), is required; and

 (2)          If the applicant has resided in a state

other than North Carolina since obtaining certification, a certified and

county-wide record check from each jurisdiction (if available) shall be

provided.

(d)  All information maintained pursuant to the requirements

of this Rule shall be subject to all state and federal laws governing

confidentiality.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Recodified from 12 NCAC 10B .0407 Eff. January 1, 1991;

Amended Eff. January 1, 1996; January 1, 1994; January 1,

1993; January 1, 1992;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. August 1, 2002; August 1, 1998.

 

12 ncac 10b .0409          EMPLOYING AGENCY RETENTION OF

CERTIFICATION RECORDS

(a)  Each employing agency shall place in the appropriate

justice officer's personnel file the official notification of either

probationary or general certification.  Such files shall be available for

examination at any reasonable time by representatives of the Commission for the

purpose of verifying compliance with these Rules.  Each personnel file shall

also contain copies of the original documentation submitted to the Division in

accordance with 12 NCAC 10B .0408.

(b)  Compliance with this Rule is waived, with the exception

of the requirements of 12 NCAC 10B .0408(a)(8), for officers applying for dual

certification as defined in 12 NCAC 10B .0103(12) provided that:

(1)           the officer holds a valid certification as

a deputy sheriff, detention officer, or telecommunicator with the employing

agency requesting dual certification; and

(2)           the officer has not had a break in service

since initial certification with the employing agency requesting dual

certification.

(c) Where the Division has previously received a complete

Background Investigation Form (F-8) with all accompanying documentation set out

in 12 NCAC 10B .0305 in connection with another application for certification

to this Commission, and a subsequent hiring agency requests a copy of such

documentation, the Division shall comply with that request upon submission of a

commission-approved Release Authorization Form for Law Enforcement Agencies.

(d)  All information maintained pursuant to the requirements

of this Rule shall be subject to all state and federal laws governing

confidentiality.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Recodified from 12 NCAC 10B .0408 Eff. January 1, 1991;

Amended Eff. January 1, 1996; January 1, 1994; January 1,

1993; January 1, 1991;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. August 1, 2002; August 1, 1998.

 

12 NCAC 10B .0410          AGENCY REPORTING OF DRUG SCREENING

RESULTS

(a)  Each agency that is required to report individuals to

the Commission for certification, or that voluntarily reports telecommunicators

to the Commission for certification, shall report in writing to the Division

all refusals and all positive results of drug screening obtained from

applicants and lateral transfers pursuant to 12 NCAC 10B .0301(6) unless the

positive result has been explained to the satisfaction of the agency's medical

review officer who shall be a licensed physician.

(b)  Each agency that is required to report individuals to

the Commission for certification, or that voluntarily reports telecommunicators

to the Commission for certification, and that conducts a drug screen for in-service

officers, shall report positive results to the Division provided the drug

screen conducted conforms to 12 NCAC 10B .0301(6)(a), (b), (c), (d) and (f).

(c)  For reporting purposes, a result will be considered

"positive" only in the cases where the drug screen reveals the

presence of an illegal drug at a level equal to or greater than the threshold

value as established by the Department of Health and Human Services for Federal

Workplace Drug Testing Programs and adopted by reference in 12 NCAC 10B .0301(6).



 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. July 1, 1990;

Recodified from 12 NCAC 10B .0409 Eff. January 1, 1991;

Amended Eff. January 1, 2013.

 

SECTION .0500 ‑ MINIMUM STANDARDS OF TRAINING FOR DEPUTY

SHERIFFS

 

12 NCAC 10B .0501          PURPOSE

This Section establishes the current minimum standard by

which deputy sheriffs shall receive basic recruit law enforcement training. 

These Rules ensure the continued standard of training followed previously by

all law enforcement officers across the state.

 

History Note:        Authority G.S. 17E‑4(a);

Eff. January 1, 1989.

 

 

 

12 NCAC 10B .0502          BASIC LAW ENFORCEMENT TRAINING COURSE

FOR DEPUTIES

(a)  The basic training course for deputy sheriffs consists

of instruction designed to provide the trainee with the skills and knowledge to

perform those tasks essential to function in law enforcement.

(b)  The "Basic Law Enforcement Training Manual"

as published by the North Carolina Justice Academy shall be used as the as

basic curriculum for this Basic Law Enforcement Training Course.  Copies of

this manual may be obtained at a cost of eighty-seven dollars and ten cents

($87.10) from the North Carolina Justice Academy, Post Office Box 99,

Salemburg, North Carolina 28385-0099.

(c)  The rules governing Minimum Standards for Completion of

Training, codified as Title 12, Subchapter 09B, Section .0200 of the North

Carolina Administrative Code [http://www.ncoah.com/rules/]

and adopted by the North Carolina Criminal Justice Education and Training

Standards Commission, are hereby incorporated by reference, and shall include

any later amendments and editions of the incorporated matter to apply to

actions of the North Carolina Sheriffs' Education and Training Standards

Commission.  Copies of the incorporated materials may be obtained at no cost

from the Criminal Justice Standards Division, North Carolina Department of

Justice, 1700 Tryon Park Drive, Raleigh North Carolina 27602.

 

History Note:        Authority G.S. 17E-4(a);

Eff. January 1, 1989;

Amended Eff. February 1, 2014; August 1, 2011; January 1,

2010; January 1, 2006; August 1, 2000; January 1, 1996; January 1, 1995;

February 1, 1991; January 1, 1990.

 

12 NCAC 10B .0503          TIME REQ/COMPLETION/BASIC LAW

ENFORCEMENT TRAINING COURSE

(a)  Each deputy sheriff holding temporary or probationary

certification shall satisfactorily complete a commission-certified basic

training course.  The deputy shall complete such course within one year from

the date of his/her Oath of Office.  Any deputy sheriff who does not comply

with this Rule or other training provisions of this Chapter shall not be

authorized to exercise the powers of a deputy sheriff and shall not be authorized

to exercise the power of arrest.  If, however, an officer has enrolled in a

commission-certified basic law enforcement training program that concludes

later than the end of the officer's probationary period, the Commission  shall

extend the probationary period for a period not to exceed 12 months.

(b)  Persons having completed a commission-certified basic

law enforcement training program and not having been duly appointed and

certified in a sworn law enforcement position as defined in 12 NCAC 10B .0103(17)

within one year of completion of the basic law enforcement training course

shall complete a subsequent commission-certified basic recruit training program

in its entirety and successfully pass the State Comprehensive Examination

within the 12 month probationary period as prescribed in 12 NCAC 10B .0402,

unless the Director determines that a delay in applying for certification was

due to simple negligence on the part of the applicant or employing agency, in

which case the Director  shall accept a commission-certified basic training

program which is over one year old.  Such extension of the one year period

shall not exceed 30 days from the expiration date of a commission-certified

basic training program.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 2006; January 1, 1996; January 1,

1994; January 1, 1991.

 

12 NCAC 10B .0504          WAIVER OF COMPLETION OF TRAINING

(a)  The Commission shall waive a deputy sheriff's

completion of the Commission-certified law enforcement training course upon

receiving documentary evidence from the employing agency that the deputy has satisfactorily

completed equivalent training.  All such deputies, however, shall serve a one

year period of probation.

(b)  Training received in states with laws governing or

regulating law enforcement training shall, if subject to such review, have been

approved or certified by the appropriate agency of the state in which the

training was received.

(c)  The Commission shall prescribe as a condition of

certification, supplementary or remedial training deemed necessary to equate

previous training with current standards.

(d)  The Commission may require satisfactory performance on

a written examination as proof of equivalent training; however, such

examination is in addition to the required equivalent training and not in lieu

of said training.

(e) In considering whether a deputy sheriff's prior service

in a sworn law enforcement position is creditable service, the individual must

have been duly appointed and certified or licensed in a sworn law enforcement

position as defined in 12 NCAC 10B .0103(17).

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 2006.

 

12 ncac 10b .0505          EVALUATION FOR TRAINING WAIVER

The Division staff shall evaluate each deputy's training and

experience to determine if equivalent training has been satisfactorily

completed as specified in 12 NCAC 10B .0504(a).  The following rules shall be

used by Division staff in evaluating an applicant's training and experience to

determine eligibility for a waiver of training.

(1)           Persons who separated from a sworn law enforcement

position during their probationary period after having completed a commission-certified

Basic Law Enforcement Training Course and who have been separated from a sworn

law enforcement position for one year or less shall serve the remainder of the

initial probationary period in accordance with G.S. 17E‑7(b), but need

not complete an additional training program.

(2)           Persons who separated from a sworn law enforcement

position during their probationary period without having completed Basic Law

Enforcement Training, or whose certification was suspended pursuant to 12 NCAC

10B .0204(b)(1), and who have remained separated or suspended for over one year

shall complete a commission-certified Basic Law Enforcement Training Course in

its entirety and pass the State Comprehensive Examination, and shall be allowed

a 12 month probationary period as prescribed in 12 NCAC 10B .0503(a).

(3)           Persons transferring to a Sheriff's Office from

another law enforcement agency who held certification and who have previously

completed a commission-certified Basic Law Enforcement Training Course beginning

on or after October 1, 1984, and continuing to July 1, 2000 and who have been

separated from a sworn law enforcement position for no more than one year or

who have had no break in service shall complete the following enumerated topics

of a commission-certified Basic Law Enforcement Training Course and pass that

portion of the State Comprehensive Examination which deals with those subjects

within 12 months of the date of appointment as defined in 12 NCAC 10B .0103(1).

(a)           Civil Process                                                                                                                         24

hours

(b)           Sheriffs' Responsibilities: Detention Duties                                                     

              4 hours

(c)           Sheriffs' Responsibilities: Court Duties                                                                             

6 hours

UNIT TOTAL                                                                                                                                       34

hours

(4)           Persons who have training and experience as a

military law enforcement officer and are appointed as a deputy sheriff in North

Carolina shall complete a commission-certified Basic Law Enforcement Training

Course in its entirety regardless of previous military training and experience

and pass the State Comprehensive Examination within the 12 month probationary period

as prescribed in 12 NCAC 10B .0503(a).

(5)           Persons transferring to a sheriff's office from

another law enforcement agency who have previously completed a

commission-certified Basic Law Enforcement Training Course beginning on or

after January 1, 1996 and continuing to July 1, 1997, and who did not complete

the Commission's Driver Training curriculum, and who have been separated from a

sworn law enforcement position for no more than one year or who have had no

break in service shall complete the following enumerated topics of a

commission-certified Basic Law Enforcement Training Course within 12 months of

the date of appointment as defined in 12 NCAC 10B .0103(1):  Law Enforcement

Driver Training     40 hours

(6)           North Carolina applicants shall:

(a)           have a minimum of two years full-time sworn

law enforcement experience which occurred prior to their application;

(b)           have had a break in service exceeding one

year;

(c)           have previously received General or

Grandfather certification as a sworn law enforcement officer by either the

Commission or the North Carolina Criminal Justice Education and Training

Standards Commission, and such certification has not been denied, revoked or

suspended by either Commission; and

(d)           have held general powers of arrest.

(7)           Out-of-state transferees shall:

(a)           have a minimum of two years full-time sworn

law enforcement experience which occurred prior to their application;

(b)           have held certification in good standing as

a sworn law enforcement officer from the appropriate Peace Officer's Standards

and Training entity in the transferee's respective state;

(c)           have had general powers of arrest; and

(d)           submit documentation verifying their

qualified status.

(8)           Federal Transferees shall:

(a)           have a minimum of two years full-time sworn

law enforcement experience;

(b)           have held certification or commissioning as

a sworn law enforcement officer from the appropriate federal entity authorized

to issue such sworn law enforcement officers certification or commission;

(c)           have held general powers of arrest; and

(d)           submit documentation verifying their

qualified status.

(9)           North Carolina applicants; qualified out-of-state

transferees; and qualified federal transferees shall be allowed to select one

of the following two options for gaining North Carolina certification as a

deputy sheriff:

(a)           Undertake and successfully complete Basic

Law Enforcement Training in its entirety during a one year probationary period

and successfully pass the State Comprehensive Examination;

(b)           Pass the following entry criteria:

(i)            Challenge the Basic Law Enforcement

Training Comprehensive State Examination to be delivered at the end of an

ongoing Basic Law Enforcement Training Course and successfully pass each unit

examination of the comprehensive examination with a minimum score of 70%.  Any

applicant failing to pass more than two unit examinations shall complete the

Basic Law Enforcement Training Course in its entirety.  Any applicant failing

one or two unit examinations shall enroll in each topic area which comprises

that unit taught in a subsequent BLET course and submit to the unit examination

at the end of the course and pass that unit examination;

(ii)           Each applicant shall demonstrate

proficiency in the following skills related activities to the satisfaction of

an appropriate instructor certified by the North Carolina Criminal Justice

Education and Training Standards Commission.  Successful completion of the

skills related activities shall be documented on a Commission approved form by

the certified instructor;

(A)          First Responder;

(B)          Firearms;

(C)          Law Enforcement Driver Training;

(D)          Physical Fitness; and

(E)           Subject Control Arrest Techniques.

(iii)          Any applicant failing to pass a unit

examination after remediation as referenced in Rule 12 NCAC 10B .0505(9)(b)(i) shall

be required to complete Basic Law Enforcement Training in its entirety; and

(iv)          All criteria referenced in 12 NCAC 10B

.0505(9)(b)(i) and (ii) must be successfully completed within the one-year

probationary period.

(10)         Persons transferring to a sheriff's office from

another law enforcement agency who held certification and who have previously

been granted a training waiver by the North Carolina Criminal Justice

Commission and who have been separated from a sworn law enforcement position

for no more than one year or who had no break in service shall not be required

to complete the Basic Law Enforcement Training course, but shall have the

waiver honored by this Commission.

(11)         Persons previously holding Grandfather law

enforcement certification in accordance with G.S. 17C-10(a) or G.S. 17E-7(a)

who have been separated from a sworn law enforcement position for less than one

year or have had no break in service shall not be required to complete a

commission-certified Basic Law Enforcement Training Course.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 2005; August 1, 2002; August 1,

2000; August 1, 1998; February 1, 1998; January 1, 1996; January 1, 1994;

January 1, 1993; January 1, 1992.

 

12 NCAC 10B .0506          TRAINEE ATTENDANCE

12 NCAC 10B .0507          completion of the basic law

enforcement trining course

12 NCAC 10B .0508          comp written exam—basic law

enforcement training course

12 NCAC 10B .0509          satisfaction of minimum training

requirements

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 1992;

Repealed Eff. August 1, 2000.

 

section .0600 - MINIMUM STANDARDS OF TRAINING FOR DETENTION

OFFICERS

 

12 NCAC 10B .0601          DETENTION OFFICER CERTIFICATION COURSE

(a)  This Section establishes the current standard by which

Sheriffs' Office and district confinement personnel shall receive detention

officer training.  The Detention Officer Certification Course shall consist of

a minimum of 172 hours of instruction designed to provide the trainee with the

skills and knowledge necessary to perform those tasks considered essential to

the administration and operation of a confinement facility.

(b)  Each Detention Officer Certification Course shall

include the following identified topic areas and minimum instructional hours for

each area:

(1)           LEGAL UNIT

(A)          Orientation                                                                                                             

3 hours

(B)          Criminal Justice Systems                                                                                    

2 hours

(C)          Legal Aspects of Management and Supervision                                           14

hours

(D)          Introduction to Rules and Regulations                                                            

2 hours

(E)           Ethics                                                                                                                      

3 hours

UNIT TOTAL                                                                                                                       24

Hours

(2)           PHYSICAL UNIT

(A)          Contraband/Searches                                                                                          

6 hours

(B)          Patrol and Security Function of the Jail                                                           

5 hours

(C)          Key and Tool Control                                                                                         

2 hours

(D)          Investigative Process in the Jail                                                                         

8 hours

(E)           Transportation of Inmates                                                                                                 

7 hours

UNIT TOTAL                                                                                                                        

8 Hours

(3)           PRACTICAL APPLICATION UNIT

(A)          Processing Inmates                                                                                              

8 hours

(B)          Supervision and Management of Inmates                                                      

5 hours

(C)          Suicides and Crisis Management                                                                      

5 hours

(D)          Aspects of Mental Illness                                                                                    

6 hours

(E)           Fire Emergencies                                                                                                    4

hours

(F)           Notetaking and Report Writing                                                                          

6 hours

(G)          Communication Skills                                                                                         

5 hours

UNIT TOTAL                                                                                                                       39

hours

(4)           MEDICAL UNIT

(A)          First Aid and CPR                                                                                                 

8 hours

(B)          Medical Care in the Jail                                                                                       

6 hours

(C)          Stress                                                                                                                       

3 hours

(D)          Subject Control Techniques                                                                              32

hours

(E)           Physical Fitness for Detention Officers                                                           22

hours

UNIT TOTAL                                                                                                                       71

hours

(5)           REVIEW AND TESTING                                                                                                   

7 hours

(6)           STATE EXAM                                                                                                                      

3 hours

TOTAL HOURS                                                                                                         

172 HOURS

(c)  Consistent with the curriculum development policy of

the Commission as published in the "Detention Officer Certification Course

Management Guide," the Commission shall designate the developer of the

Detention Officer Certification Course curricula and such designation shall be

deemed by the Commission as approval for the developer to conduct pilot

Detention Officer Certification Courses.  Individuals who complete such a pilot

Detention Officer Certification Course offering shall be deemed to have

complied with and satisfied the minimum training requirement.

(d)  The "Detention Officer Certification Training

Manual" published by the North Carolina Justice Academy shall be used as

the basic curriculum for the Detention Officer Certification Course.  Copies of

this manual may be obtained by contacting the North Carolina Justice Academy,

Post Office Box 99, Salemburg, North Carolina 28385-0099. The cost of this manual,

CD, indexes and binder is fifty-one dollars and seventy-five cents ($51.75) at

the time of adoption of this Rule.

(e)  The "Detention Officer Certification Course

Management Guide" published by the North Carolina Justice Academy is

hereby incorporated by reference and shall include any later amendments or editions

of the incorporated matter to be used by school directors in planning,

implementing and delivering basic detention officer training. The standards and

requirements established by the "Detention Officer Certification Course

Management Guide" must be adhered to by the school director.  The Justice

Academy shall issue to each certified school director a copy of the guide at

the time of certification at no cost to the certified school.

 

History Note:        Authority G.S. 17E-4(a);

Eff. January 1, 1989;

Amended Eff. February 1, 2014; August 1, 2011; October 1,

2009; January 1, 2006; August 2, 2002; August 1, 2000; August 1, 1998; February

1, 1998; January 1, 1996; June 1, 1992; January 1, 1992; January 1, 1991.

 

12 NCAC 10B .0602          TIME REQ/COMPLETION//DETENTION OFFICER

CERT TRAINING COURSE

(a)  Each individual employed by a sheriff's office or a

district confinement facility as a detention officer holding probationary

certification shall satisfactorily complete a commission‑accredited

detention officer training course.  The individual shall complete such course

within one year from the date of his original appointment as a detention

officer as determined by the date of the probationary certification.  Any

individual employed as a detention officer who does not comply with this Rule

or other training provisions of this Chapter shall not be authorized to

exercise the powers of a detention officer.  If, however, an individual has

enrolled in a commission‑accredited detention officer course that

concludes later than the end of the individual's probationary period, the

Commission may extend the probationary period for a period not to exceed six

months.

(b)  Persons having completed a commission‑accredited

detention officer training course and not having been duly appointed and

certified as a detention officer within one year of completion of the course

shall complete a subsequent commission‑accredited detention officer

training course in its entirety and pass the State Comprehensive Examination

within the 12 month probationary period as prescribed in 12 NCAC 10B .0602(a),

unless the Director determines that a delay in applying for certification was

due to simple negligence on the part of the applicant or employing agency, in

which case the Director may accept the commission‑accredited detention

officer training program which is over one year old.  Such extension of the one

year period shall not exceed 30 days from the expiration date of a commission‑accredited

detention officer training program.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. February 1, 1998; January 1, 1996; January

1, 1994.

 

 

 

12 NCAC 10B .0603          EVALUATION FOR TRAINING WAIVER

(a)  Only applicants for certification with prior detention

or correctional officer experience who have been employed and certified as a

detention or correctional officer may seek a training waiver evaluation

pursuant to this Rule.

(b)  The Division shall use the following to evaluate a

detention officer's training and experience to grant a waiver:

(1)           Persons who separated from a detention

officer position during the probationary period after completion of a commission-certified detention

officer training course and who have been separated from a detention officer

position for more than one year shall complete a subsequent commission-certified

detention officer training course in its entirety and pass the State

Comprehensive Examination within the 12 month probationary period as set forth

in Rule .0602(a) of this Section.

(2)           Persons who separated from a detention

officer position during their probationary period after completion of a

commission-certified detention officer training course and who have been

separated from a detention officer position for one year or less shall serve

the remainder of the initial probationary period in accordance with G.S.

17E-7(b), but need not complete an additional training program.

(3)           Persons who separated from a detention

officer position during the probationary period without completion of a

detention officer training course or whose certification was suspended pursuant

to Rule .0204(b)(1) of this Subchapter and who have remained separated or

suspended for over one year shall complete a commission-certified detention

officer training course in its entirety and pass the State Comprehensive

Examination, and shall be allowed a 12 month probationary period as prescribed

in Rule .0602(a) of this Section.

(4)           Persons holding General Detention Officer

Certification who completed a commission-certified detention officer training

course and who separated from a detention officer position for more than one

year shall complete a subsequent commission-certified detention officer

training course in its entirety and pass the State Comprehensive Examination

within the 12 month probationary period as prescribed in Rule .0602(a) of this

Section.

(5)           Persons holding Grandfather Detention

Officer Certification who separate from a detention officer position and remain

separated from a detention officer position for more than one year shall

complete a commission-certified detention officer training program in its

entirety and pass the State Comprehensive Examination within the 12 month

probationary period as prescribed in Rule .0602(a) of this Section.

(6)           Persons transferring to a sheriff's office

from another law enforcement agency who hold a detention officer certification

issued by the North Carolina Criminal Justice Education and Training Standards

Commission are subject to evaluation of their prior training and experience on

an individual basis. The Division shall review the training received against

the training required by Rule .0601 of this Section and determine whether that

training is comparable to the requirements set out in Rule .0601 based upon

topics covered and determine what additional training, if any is required under

Rule .0601.

(c)  The Division shall use the following to evaluate a

correction officer who holds a general certification as a correctional officer 

training and experience to grant a waiver if the individual has general

certification as a correctional officer issued by the North Carolina Criminal

Justice Education and Training Standards Commission;

(1)           completed training as a correctional

officer between January 1, 1981 and August 1, 2002;

(2)           transfer to a sheriff's office or a

district confinement facility in a detention officer position; and

(3)           have had less than a one year break in

service shall:

(A)          serve a 12-month probationary period as set forth in

Rule .0602(a) of this Section; and

(B)          take the state examination in its entirety during

that probationary period after completing the following topic areas in a

commission-certified detention officer certification course:

Orientation                                                                                                             

3 hours

Legal Aspects of Management & Supervision                                              14

hours

Medical Care in the Jail                                                                                       

6 hours

Investigative Process in the Jail                                                                         

8 hours

Criminal Justice System                                                                                      

2 hours

Introduction to Rules and Regulations Governing Jails                                

2 hours

Subject Control Techniques                                                                              32

hours

TOTAL HOURS                                                                                                  67

hours

(d)  The Division shall use the following to evaluate a

correction officer who holds a general certification as a correctional officer 

training and experience to grant a waiver if the individual has general

certification as a correctional officer issued by the North Carolina Criminal

Justice Education and Training Standards Commission who:

(1)           completed training as a correctional

officer after August 1, 2002;

(2)           transfer to a sheriff's office or a

district confinement facility in a detention officer position; and

(3)           have had less than a one year break in

service shall:

(A)          submit documentation of the training completed as a

correctional officer. The Division shall review the training received against

the training required by Rule .0601 of this Section and determine whether that

training is comparable to the requirements set out in Rule .0601 based upon

topics covered and determine what additional training, if any is required under

Rule .0601. The Division shall notify the employing agency of the resulting

training requirements; and

(B)          take the state examination in its entirety during

the probationary period after completing the required training in a

commission-certified Detention Officer Certification.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 1989;

Amended Eff. February 1, 2014; August 1, 2011; January 1,

2006; August 1, 2002; August 1, 1998; February 1, 1998; January 1, 1996;

January 1, 1993; January 1, 1992; January 1, 1991.

 

12 NCAC 10B .0604          TRAINEE ATTENDANCE

(a)  Each trainee enrolled in an accredited "Detention

Officer Certification Course" shall attend all class sessions.  The

sheriff shall be responsible for the trainee's regular attendance at all

sessions of the detention officer training course.

(b)  The school director may recognize valid reasons for

class absences and may excuse a trainee from attendance at specific class

sessions. However, in no case may excused absences exceed ten percent of the

total class hours for the course offering.

(c)  If the school director grants an excused absence from a

class session, he shall schedule appropriate make‑up work and ensure the

satisfactory completion of such work during the current course presentation or

in a subsequent course delivery as is permissible under 12 NCAC 10B .0605.

(d)  A trainee shall not be eligible for administration of

the State Comprehensive Examination nor certification for successful course

completion if the cumulative total of class absences, with accepted make‑up

work, exceeds 10 percent of the total class hours of the accredited course

offering and shall be expediently terminated from further course participation

by the school director at the time of such occurrence.

(e)  The school director may terminate a trainee from course

participation or may deny certification of successful course completion where

the trainee is habitually tardy to, or regularly departs early from, class

meetings or field exercises.

(f)  Where a trainee is enrolled in a program as required in

12 NCAC 10B .0601, attendance shall be 100 percent in order to receive a

successful course completion.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 1996; January 1, 1992.

 

 

 

12 NCAC 10B .0605          COMPLETION OF DETENTION OFFICER

CERTIFICATION COURSE

(a)  Each trainee shall attend and satisfactorily complete a

full course during a single scheduled delivery as set forth in Rule .0601 of

this Section unless a waiver has been granted as set forth in Rule .0603 or

.1901 of this Subchapter. Satisfactory completion is achieved by completion of

the required topics, passing the end of block tests and passing the state

examination as set out in Rule .0606 of this Section.  The school director may

develop supplemental rules as set forth in Rule .0704(a)(6) of this Subchapter,

but may not add substantive courses, or change or expand the substance of the

courses set forth in Rule .0601 of this Section.  This Rule does not prevent

the instruction on local agency rules or standards; however, such instruction

shall not be considered or endorsed by the Commission for purposes of

certification.  The Director may issue prior written authorization for a

specified trainee's limited enrollment in a subsequent delivery of the same

course where the school director provides evidence that:

(1)           The trainee attended and satisfactorily

completed specified class hours and topics of the "Detention Officer

Certification Course" but through extended absence occasioned by illness,

accident, or emergency was absent for more than 10 percent of the total class

hours of the course offering;

(2)           The trainee was granted excused absences by

the school director that did not exceed ten percent of the total class hours

for the course offering and the school director could not schedule appropriate

make-up work during the current course offering as specified in Rule .0604(c)

of this Section; or

(3)           The trainee participated in an offering of

the "Detention Officer Certification Course" but had an identified

deficiency in essential knowledge or skill in no more than three of the

specified topic areas incorporated in the course content as set forth in Rule

.0601(b) of this Section.

(b)  An authorization of limited enrollment in a subsequent

course delivery may not be granted by the Director unless in addition to the

evidence required by Paragraph (a) of this Rule:

(1)           The trainee submits a written request to

the Director, justifying the limited enrollment and certifying that the

trainee's participation shall be accomplished pursuant to Paragraph (c) of this

Rule; and

(2)           The school director of the previous school

offering submits to the director a certification of the particular topics and

class hours attended and satisfactorily completed by the trainee during the

original enrollment.

(c)  An authorization of limited enrollment in a subsequent

course delivery permits the trainee to attend an offering of the

"Detention Officer Certification Course" commencing within 180

calendar days from the last date of trainee participation in prior course

delivery, but only if the trainee's enrollment with active course participation

can be accomplished within the period of the trainee's probationary

certification:

(1)           The trainee need attend and satisfactorily

complete only those portions of the course which were missed or identified by

the school director as areas of trainee deficiency in the initial course

participation.

(2)           Following authorized enrollment in the

subsequent course offering, scheduled class attendance and active participation

with satisfactory achievement in the course, the trainee shall be eligible for

administration of the State Comprehensive Examination by the Commission.

(3)           A trainee shall be enrolled as a limited

enrollee in only one subsequent course offering within the 180 calendar days

from the last date of trainee participation in prior course delivery. A trainee

who fails to complete those limited portions of the course after one retest

shall enroll in an entire delivery of the Detention Officer Certification

Course.

(d)  A trainee who is deficient in four or more

subject-matter or topical areas at the conclusion of the course delivery shall complete

a subsequent program in its entirety.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 1989;

Amended Eff. February 1, 2014; August 1, 1998; January 1,

1996; January 1, 1993; January 1, 1992; January 1, 1991.

 

12 NCAC 10B .0606          COMP WRITTEN EXAM – DETENTION OFFICER

CERTIFICATION COURSE

(a)  At the conclusion of a school's offering of the

"Detention Officer Certification Course", an authorized

representative of the Commission shall administer a comprehensive written

examination to each trainee who has satisfactorily completed all of the course

work.  A trainee shall not be administered the comprehensive written

examination until such time as all course work is successfully completed.

(b)  The examination shall be comprised of four units as

specified in 12 NCAC 10B .0601(b).  Each unit is designed to test the trainees'

proficiency in that unit.

(c)  The Commission's representative shall submit to the

school director within 10 days of the administration of the examination a

report of the results of the test for each trainee examined.

(d)  A trainee shall successfully complete the comprehensive

written examination upon achieving a minimum of 70 percent correct answers on

each of the four units as prescribed in 12 NCAC 10B .0601(b).

(e)  A trainee who has fully participated in a scheduled

delivery of a certified training course and has demonstrated satisfactory

competence in each motor-skill or performance area of the course curriculum but

has failed to achieve the minimum score of 70 percent on any of  the four units

of the Commission's comprehensive written examination may request the Director

to authorize a re-examination of the trainee in those units for which he or she

has failed to make a passing score of 70 percent as follows:

(1)           A trainee's request for re-examination shall

be made in writing on the Commission's form within 30 days after the original

examination and shall be received by the Division before the expiration of the

trainee's probationary certification as a detention officer.

(2)           The trainee's request for re-examination

shall include the favorable recommendation of the school director who

administered the trainee's "Detention Officer Certification Course".

(3)           A trainee shall have only one opportunity

for re-examination and shall satisfactorily complete the subsequent unit examination

in its entirety within 90 days after the original examination.

(4)           A trainee shall be assigned in writing by

the Division a place, time, and date for re-examination.

(5)           Should the trainee on re-examination not

achieve the prescribed minimum score of 70 on the unit re-examination, the

trainee shall not be given successful course completion and must enroll and successfully

complete the unit(s) he or she failed upon re-examination in a subsequent

course offering within 180 days of the second failure before further

examination may be permitted.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 1989;

Amended Eff. August 1, 2011; August 1, 2002; January 1,

1996; January 1, 1994; January 1, 1992.

 

12 NCAC 10B .0607          SATISFACTION OF MINIMUM TRAINING

REQUIREMENTS

In order to satisfy the minimum training requirements for

certification as a detention officer, a trainee shall:

(1)           achieve a score of 70 percent correct answers on

the Commission‑administered comprehensive written examination;

(2)           demonstrate successful completion of an accredited

offering of the "Detention Officer Certification Course" as shown by

the certification of the school director; and

(3)           obtain the recommendation of the trainee's school

director that the trainee possesses at least the minimum degree of general

attributes, knowledge, and skill to function as an inexperienced detention

officer.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 1996; January 1, 1992.

 

 

 

 

 

SECTION .0700 ‑ MINIMUM STANDARDS FOR JUSTICE OFFICER

SCHOOLS AND             TRAINING PROGRAMS OR COURSES OF INSTRUCTION

 

 

 

12 NCAC 10B .0701          PURPOSE

This Section establishes the minimum standards for the

schools from which sheriffs' office shall receive training.  These Rules shall

serve to define the areas of responsibility for the institutions and personnel

associated with and responsible for the delivery of said training programs.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. February 1, 1998;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. August 1, 1998.

 

 

 

12 NCAC 10B .0702          ADMINISTRATION OF JUSTICE OFFICER

SCHOOLS

The rules covering the administration of Criminal Justice

Schools and training programs or courses of instruction, codified as Title 12,

Subchapter 9B, Section .0200 of the North Carolina Administrative Code,

effective and previously adopted by the North Carolina Criminal Justice

Education And Training Standards Commission are hereby incorporated by

reference and shall automatically include any later amendments and editions of

the incorporated material to apply to actions of the North Carolina Sheriffs'

Education and Training Standards Commission with the exception of the Detention

Officer Certification Course and the Telecommunicator Certification

Course.  Copies of the incorporated materials may be obtained at no cost

from the Criminal Justice Standards Division, North Carolina Department of

Justice, 1700 Tryon Park Drive, Post Office Drawer 149, Raleigh, North Carolina

  27692, or at

http://ncdoj.gov/About-DOJ/Law-Enforcement-Training-and-Standards/Criminal-Justice-Education-and-Training-Standards/Training-Certification-Programs.aspx.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. January 1, 1996; January 1, 1990;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. November 1, 2013; August 1, 1998.

 

12 NCAC 10B .0703          ADMINISTRATION OF DETENTION OFFICER

CERTIFICATION COURSE

(a)  The executive officer or officers of the institution or

agency sponsoring a Detention Officer Certification Course shall have primary

responsibility for implementation of the rules in this Section and for

administration of the school.

(b)  The executive officers shall designate a compensated

staff member who may apply to the Commission to be the school director.  No

more than two school directors shall be designated at each certified

institution/agency to deliver a Detention Officer Certification Course.  The

school director shall have administrative responsibility for planning

scheduling, presenting, coordinating, reporting, and generally managing each

sponsored detention officer certification course and shall be readily available

at all times during course delivery as specified in 12 NCAC 10B .0704(b).  The School Director may designate a

Qualified Assistant to assist in the administration of the Detention Officer

Certification Course, where the School Director has provided justification for

the need including overlapping or simultaneous Commission-mandated courses,

satellite delivery locations, or responsibility for multiple courses.  This

person must be selected by the School Director, who will forward identifying

and contact information to the Division.  Division staff will conduct a course

orientation with the designated person.  In order to retain the designation as

a qualified assistant, the person must attend the Annual School Directors'

Conference.

(c)  The executive officers of the institution or agency

sponsoring the Detention Officer Certification Course shall:

(1)           acquire and allocate sufficient financial

resources to provide commission‑certified instructors and to meet other

necessary program expenses;

(2)           provide adequate secretarial, clerical, and

other supportive staff assistance as required by the school director;

(3)           provide or make available suitable

facilities, equipment, materials, and supplies for comprehensive and

qualitative course delivery, as required in the "Detention Officer Certification

Course Management Guide" and specifically including the following:

(A)          a comfortable, well‑lighted and ventilated

classroom with a seating capacity sufficient to accommodate all attending

trainees;

(B)          audio-visual equipment and other instructional

devices and aids necessary and beneficial to the delivery of effective

training;

(C)          a library for trainees' use covering the subject

matter areas relevant to the training course, maintained in current status and

having sufficient copies for convenient trainee access; and

(D)          an area designated for instruction of subject

control techniques which enables the safe execution of the basic detention

officer subject control techniques topic area, with the following

specifications:

(i)            30 square feet of floor space per student

during the practical exercise portion of this topic area and while testing

trainees' proficiency in performing the required maneuvers;

(ii)           one instructor for every 10 students during the

practical exercise portion of this topic area and while testing trainees'

proficiency in performing the required maneuvers;

(iii)          restrooms and drinking water within 100 yards

of the training site; and

(iv)          telephone or radio communication immediately

available on site.

(E)           an area designated for use as a jail cell for

performing the practical exercises in the topic area entitled "Contraband

Searches".  If a county jail cell is unavailable, a simulated jail

cell is acceptable provided it is built to the same specifications required by

the Department of Human Resources with regards to size;

(F)           an area designated for fire emergencies instruction

which enables the safe execution of the lesson plan as follows:

(i)            a well-ventilated, open area which allows for

the setting and putting out of a fire;

(ii)           restrooms and drinking water within 100 yards

of the training site; and

(iii)          telephone or radio communication immediately

available on site.  

(G)          an area designated for physical fitness for

detention officer trainees to include:

(i)            an area for running, weight lifting and other

exercises performed during the physical fitness topic area which provides a

minimum of 20 square feet per trainee during the performance of the exercises

required in the physical fitness topic area;

(ii)           restrooms and drinking water within 100 yards

of the training site;

(iii)          telephone or radio communication immediately

available on site;

(iv)          shower facilities, if physical fitness is

performed prior to classroom training;

(v)           one instructor for every 10 students during the

physical assessment portion of this block of instruction; and

(vi)          sufficient instructors as needed to maintain

visual contact with students while performing any physical exercise.

(H)          an area designated for instruction in first aid and

CPR techniques which provides a minimum of 20 square feet per trainee during

the practical exercise portion and testing for proficiency in administering

CPR.  There must also be one instructor for every 10 students during the

practical exercise portion and proficiency testing in administering CPR.

(d)  If an institution or agency does not own a facility as

required in this Section, written agreements with other entities must be made

to assure use of and timely access to the facilities.  A copy of the agreement

must accompany the originating institution or agency "Pre-Delivery Report"

(Form F7-A) when submitted to the Division.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. February 1, 2009; January 1, 2006; January

1, 2005; August 1, 2000; August 1, 1998; January 1, 1996; January 1, 1992.

 

12 NCAC 10B .0704          RESPONSIBILITIES: SCHOOL DIRECTORS,

DETENTION OFFICER COURSE

(a)  In planning, developing, coordinating, and delivering

each commission-certified Detention Officer Certification Course, the school

director shall:

(1)           Formalize and schedule the course

curriculum in accordance with the curriculum standards established by the rules

in this Chapter.

(A)          The Detention Officer Certification Course shall be

presented with a minimum of 40 hours of instruction each week during

consecutive calendar weeks until course requirements are completed, with the

exception of weeks in which there are regularly scheduled holidays.

(B)          In the event of exceptional or emergency

circumstances, the Director shall, upon written finding of justification, grant

a waiver of the minimum hours requirement.

(2)           Select and schedule instructors who are

properly certified by the Commission.  The selecting and scheduling of

instructors is subject to special requirements as follows:

(A)          No single individual may be scheduled to instruct

more than 35 percent of the total hours of the curriculum during any one

delivery except as set forth in Part (a)(2)(B) of this Rule.

(B)          Where the school director shows exceptional or

emergency circumstances and the school director documents that an instructor is

properly certified to instruct more than 35 percent of the total hours of the

curriculum, the Director of the Division shall grant written approval for the

expansion of the individual instructional limitation.

(C)          The appropriate number of instructors for specific

topic areas shall be scheduled as required in 12 NCAC 10B .0703.

(3)           Provide each instructor with a commission‑approved

course outline and all necessary additional information concerning the

instructor's duties and responsibilities.

(4)           Review each instructor's lesson plans and

other instructional materials for conformance to the rules in this Chapter and

to minimize repetition and duplication of subject matter.

(5)           Arrange for the timely availability of

appropriate audiovisual aids and materials, publications, facilities and

equipment for training in all topic areas as required in the "Detention

Officer Certification Course Management Guide".

(6)           Develop, adopt, reproduce, and distribute

any supplemental rules, regulations, and requirements determined by the school

to be necessary or appropriate for:

(A)          Effective course delivery;

(B)          Establishing responsibilities and obligations of

agencies or departments employing course trainees; and

(C)          Regulating trainee participation and demeanor and

ensuring trainee attendance and maintaining performance records.

A copy of such rules,

regulations and requirements shall be submitted to the Director as an

attachment to the Pre‑Delivery Report of Training Course Presentation,

Form F‑7A.  A copy of such rules shall also be given to each trainee and

to the sheriff of each trainee's employing agency at the time the trainee

enrolls in the course.

(7)           If appropriate, recommend housing and

dining facilities for trainees.

(8)           Not less than 30 days before commencing

delivery of the course, submit to the Commission a Pre‑Delivery Report of

Training Course Presentation (Form F‑7A) along with the following

attachments:

(A)          A comprehensive course schedule showing arrangement

of topical presentations and proposed instructional assignments;

(B)          A copy of any rules, regulations, and requirements

for the school and, when appropriate, completed applications for certification

of instructors.  The Director shall review the submitted Pre‑Delivery

Report together with all attachments to ensure that the school is in compliance

with all commission rules; if school's rules are found to be in violation, the

Director shall notify the school director of deficiency, and approval shall be

withheld until all matters are in compliance with the Commissions' rules.

(9)           Administer the course delivery in

accordance with the rules in this Chapter and ensure that the training offered

is as effective as possible.

(10)         Monitor or designate a certified instructor

to monitor the presentations of all probationary instructors during course

delivery and prepare written evaluations on their performance and suitability

for subsequent instructional assignments.  A person holding General Instructor

Certification under the Criminal Justice Education and Training Standards

Commission may evaluate instructors teaching any lecture portion of the

course.  However, if a Limited Lecturer is evaluated during the practical

portion of a block of instruction, he/she must be evaluated by either the

School Director or another instructor holding the equivalent type of

certification.  These evaluations shall be prepared on commission forms and

forwarded to the Division at the conclusion of each delivery.  Based on this

evaluation the school director shall recommend approval or denial of requests

for Detention Officer Instructor Certification, Limited Lecturer Certification

or Professional Lecturer Certification.  The observations shall be of

sufficient duration to ensure the instructor is using the Instructional System

Development model, as taught in Criminal Justice Instructor Training set out in

12 NCAC 09B .0209, and that the delivery is objective based, documented by and

consistent with a Commission-approved lesson plan.  For each topic area, the school

director's or designee's evaluation shall be based on the course delivery

observations, the instructor's use of the approved lesson plan, and the results

of the students evaluations of the instructor.

(11)         Monitor or designate a certified instructor

to monitor the presentations of all other instructors during course delivery

and prepare written evaluations on their performance and suitability for

subsequent instructional assignments.  A person holding General Instructor

Certification under the Criminal Justice Education and Training Standards

Commission may evaluate instructors teaching any lecture portion of the

course.  However, if a Limited Lecturer is evaluated during the practical

portion of a block of instruction, he/she must be evaluated by either the

School Director or another instructor holding the equivalent type of

certification.  Instructor evaluations shall be prepared on commission forms in

accordance with the rules in this Chapter.  These evaluations shall be kept on

file by the school for a period of three years and shall be made available for

inspection by a representative of the Commission upon request.  The

observations shall be of sufficient duration to ensure the instructor is using

the Instructional System Development model, as taught in Criminal Justice

Instructor Training set out in 12 NCAC 09B .0209, and that the delivery is

objective based, documented by and consistent with a Commission-approved lesson

plan.  For each topic area, the school director's or designee's evaluation shall

be based on the course delivery observations, the instructor's use of the

approved lesson plan, and the results of the students evaluations of the

instructor.

(12)         Ensure that any designated certified

instructor who is evaluating the instructional presentation of another holds

certification in the same instructional topic area as that being taught.

(13)         Administer or designate a person to

administer appropriate tests as determined necessary at various intervals

during course delivery.

(14)         Maintain direct supervision, direction, and

control over the performance of all persons to whom any portion of the

planning, development, presentation, or administration of a course has been

delegated.

(15)         During a delivery of the Detention Officer

Certification Course, make available to authorized representatives of the

Commission three hours of scheduled class time and classroom facilities for the

administration of a written examination to those trainees who have

satisfactorily completed all course work.

(16)         Not more than ten days after receiving from

the Commission's representative the Report of Examination Scores, submit to the

Commission a Post‑Delivery Report of Training Course Presentation (Form 7‑B).

(b)  In addition to the requirements in 12 NCAC 10B .0704(a),

the school director shall be readily available to students and Division staff

at all times during course delivery by telephone, pager, or other means.  The

means, and applicable numbers, shall be filed with the commission-certified

training delivery site and the Division prior to the beginning of a scheduled

course delivery.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. January 1, 2009; January 1, 2006; January 1,

2005; August 1, 1998; January 1, 1996; January 1, 1994; January 1, 1992.

 

12NCAC 10B .0705           QUALIFICATIONS TO ACT AS SCHOOL

DIRECTORS

Any person designated to act as, or who performs the duties

of, a school director in the delivery or presentation of a commission‑accredited

detention officer training course shall meet the following qualifications prior

to commencing duties as such.  Any designated school director will continuously

maintain these qualifications during service as a school director.

(1)           Submit a written designation as school director

executed by the executive officer of the institution or agency currently

accredited, or which may be seeking accreditation, by the Commission to make

presentation of accredited training programs;

(2)           Be certified as a criminal justice instructor by

the North Carolina Criminal Justice Education and Training Standards

Commission;

(3)           Attend or must have attended the most current

offering of the school director's orientation as developed and presented by the

Commission staff;

(4)           Attend or must have attended the most current

offering of the school director's conference as presented by the Commission

staff and staff of the North Carolina Criminal Justice Education and Training

Standards Commission and Standards Division;

(5)           Not have had any type of certification issued from

this Commission, from the North Carolina Criminal Justice Education and

Training Standards Commission, or from any commission, agency, or board

established to certify pursuant to said commission, agency or boards'

standards, which was revoked, suspended or denied for cause and such period of

sanction is still in effect at the time of designation;

(6)           Perform the duties and responsibilities of a school

director as specifically required in Rule .0704;

(7)           Maintain an updated copy of the "Detention

Officer Certification Training Manual" assigned to each accredited school;

and

(8)           Ensure compliance with the Commission's

accreditation requirements as set forth in 12 NCAC 10B .0703 and .0802.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. August 1, 2002; August 1, 1998; January 1,

1996; January 1, 1992; January 1, 1991.

 

12 NCAC 10B .0706          TERMS AND CONDITIONS OF SCHOOL

DIRECTOR CERTIFICATION

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. August 1, 1998; January 1, 1996;

Repealed Eff. August 1, 2002.

 

12 NCAC 10B .0707          SUSPENSION: REVOCATION: OR DENIAL:

SCHOOL DIRECTOR CERT

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. August 1, 1998;

Repealed Eff. August 1, 2002.

 

12 NCAC 10B .0708          ADMINISTRATION OF TELECOMMUNICATOR

CERTIFICATION COURSE

(a)  The executive officer or officers of the institution or

agency sponsoring a Telecommunicator Certification Course shall have primary

responsibility for implementation of the rules in this Section and for

administration of the school.

(b)  The executive officers shall designate a compensated

staff member to be the school director.  No more than two school directors

shall be designated at each certified institution/agency to deliver a

Telecommunicator Certification Course.  The school director shall have

administrative responsibility for planning scheduling, presenting,

coordinating, reporting, and generally managing each sponsored telecommunicator

certification course and shall be readily available at all times during course

delivery as specified in 12 NCAC 10B .0709(b).  The School Director may

designate a Qualified Assistant to assist in the administration of the

Telecommunicator Certification Course, where the School Director has provided

justification for the need to including overlapping or simultaneous

Commission-mandated courses, satellite delivery locations, or responsibility

for multiple courses.  This person must be selected by the School Director who

will forward identifying and contact information to the Division.  Division

staff will conduct a course orientation with the designated person.  In order

to retain the designation as a qualified assistant, the person must attend the

Annual School Directors' Conference.

(c)  The executive officers of the institution or agency

sponsoring the Telecommunicator Certification Course shall:

(1)           acquire and allocate sufficient financial

resources to provide commission‑certified instructors and to meet other

necessary program expenses;

(2)           provide secretarial, clerical, and other

supportive staff assistance as required by the school director; and

(3)           provide or make available facilities,

equipment, materials, and supplies for comprehensive and qualitative course

delivery, as required in the "Telecommunicator Certification Course

Management Guide."

 

History Note:        Authority G.S. 17E‑4;

Eff. April 1, 2001;

Amended Eff. January 1, 2009; August 1, 2002.

 

12 NCAC 10B .0709          RESPONSIBILITIES: SCHOOL DIRECTORS,

TELECOMMUNICATOR CERTIFICATION COURSE

(a)  In planning, developing, coordinating, and delivering

each commission-certified Telecommunicator Certification Course, the school

director shall:

(1)           Formalize and schedule the course

curriculum in accordance with the curriculum standards established by the rules

in this Chapter;

(2)           Select and schedule instructors who are

properly certified by the Commission;

(3)           Provide each instructor with a commission‑approved

course outline and all necessary additional information concerning the

instructor's duties and responsibilities;

(4)           Review each instructor's lesson plans and

other instructional materials for conformance to the rules in this Chapter and

to minimize repetition and duplication of subject matter;

(5)           Arrange for the timely availability of

appropriate audiovisual aids and materials, publications, facilities and

equipment for training in all topic areas as required in the "Telecommunicator

Certification Course Management Guide";

(6)           Develop, adopt, reproduce, and distribute

any supplemental rules, regulations, and requirements determined by the school

to be necessary or appropriate for:

(A)          Effective course delivery;

(B)          Instruction on the responsibilities and obligations

of agencies or departments employing course trainees; and

(C)          Regulating trainee participation and demeanor and

ensuring trainee attendance and maintaining performance records.

A copy of such rules,

regulations and requirements shall be submitted to the Director as an

attachment to the Pre‑Delivery Report of Training Course Presentation,

Form F‑7A-T.  A copy of such rules shall also be given to each trainee

and to the sheriff or agency head of each trainee's employing agency at the

time the trainee enrolls in the course;

(7)           If appropriate, recommend housing and

dining facilities for trainees;

(8)           Not less than 30 days before commencing

delivery of the course, submit to the Commission a Pre‑Delivery Report of

Training Course Presentation (Form F‑7A-T) along with the following

attachments:

(A)          A comprehensive course schedule showing arrangement

of topical presentations and proposed instructional assignments;

(B)          A copy of any rules, regulations, and requirements

for the school and, when appropriate, completed applications for certification

of instructors.  The Director shall review the submitted Pre‑Delivery

Report together with all attachments to ensure that the school is in compliance

with all commission rules; if school's rules are found to be in violation, the

Director shall notify the school director of deficiency, and approval shall be

withheld until all matters are in compliance with the Commissions' rules;

(9)           Administer the course delivery in

accordance with the rules in this Chapter and ensure that the training offered

is as effective as possible;

(10)         Monitor or designate a certified instructor

to monitor the presentations of all probationary instructors during course

delivery and prepare written evaluations on their performance and suitability

for subsequent instructional assignments. A person holding General Instructor

Certification under the Criminal Justice Education and Training Standards

Commission may evaluate instructors teaching any lecture portion of the

course.  These evaluations shall be prepared on commission forms and forwarded

to the Division at the conclusion of each delivery.  Based on this

evaluation the school director shall recommend approval or denial of requests

for Telecommunicator Instructor Certification or Professional Lecturer

Certification.  The observations shall be of sufficient duration to ensure the

instructor is using the Instructional System Development model as taught in

Criminal Justice Instructor Training set out in 12 NCAC 09B .0209, and that the

delivery is objective based, documented by and consistent with a

Commission-approved lesson plan.  For each topic area, the school director's or

designee's evaluation shall be based on the course delivery observations, the

instructor's use of the approved lesson plan, and the results of the students

evaluations of the instructor;

(11)         Monitor or designate a certified instructor

to monitor the presentations of all other instructors during course delivery

and prepare written evaluations on their performance and suitability for

subsequent instructional assignments. A person holding General Instructor

Certification under the Criminal Justice Education and Training Standards

Commission may evaluate instructors teaching any lecture portion of the

course.  Instructor evaluations shall be prepared on commission-approved forms

in accordance with the rules in this Chapter.  The observations shall be of

sufficient duration to ensure the instructor is using the Instructional System

Development model as taught in Criminal Justice Instructor Training set

out  in 12 NCAC 09B .0209, and that the delivery is objective based,

documented by and consistent with a Commission-approved lesson plan.  For each

topic area, the school director's or designee's evaluation shall be based on

the course delivery observations, the instructor's use of the approved lesson

plan, and the results of the students evaluations of the instructor. These

evaluations shall be kept on file by the school for a period of three years and

shall be made available for inspection by a representative of the Commission

upon request;

(12)         Ensure that any designated certified

instructor who is evaluating the instructional presentation of another holds

certification in the same instructional topic area as that being taught;

(13)         Administer or designate a person to

administer appropriate tests as determined necessary at various intervals

during course delivery;

(14)         Maintain direct supervision, direction, and

control over the performance of all persons to whom any portion of the

planning, development, presentation, or administration of a course has been

delegated;

(15)         During a delivery of the Telecommunicator

Certification Course, make available to authorized representatives of the

Commission two hours of scheduled class time and classroom facilities for the

administration of a written examination to those trainees who have

satisfactorily completed all course work; and

(16)         Not more than 10 days after receiving from

the Commission's representative the Report of Examination Scores, submit to the

Commission a Post‑Delivery Report of Training Course Presentation (Form

7-B-T).

(b)  The school director shall be readily available to

students and Division staff at all times during course delivery by telephone,

pager, or other means.  The means, and applicable numbers, shall be filed with

the commission-certified training delivery site and the Division prior to the

beginning of a scheduled course delivery.

 

History Note:        Authority G.S. 17E‑4;

Eff. April 1, 2001;

Amended Eff. January 1, 2009; January 1, 2006; January 1,

2005.

 

12 NCAC 10B .0710          QUALIFICATIONS OF SCHOOL DIRECTORS,

TELECOMMUNICATOR CERTIFICATION COURSE

Any person designated to act and who performs the duties of

a school director in the delivery or presentation of a commission‑accredited

telecommunicator training course as of the effective date of this rule shall

meet the following qualifications prior to commencing duties as such.  Any

designated school director will continuously maintain these qualifications

during service as a school director.

(1)           Submit a written designation as school director

executed by the executive officer of the institution or agency currently

accredited, or which may be seeking accreditation, by the Commission to make

presentation of accredited training programs;

(2)           Be certified as a criminal justice instructor by

the North Carolina Criminal Justice Education and Training Standards

Commission;

(3)           Have attended the most current offering of the

school director's orientation as developed and presented by the Commission

staff;

(4)           Attend the most current offering of the school

director's conference as presented by the Commission staff and staff of the

North Carolina Criminal Justice Education and Training Standards Commission and

Standards Division;

(5)           Not have had any type of certification issued from

this Commission, from the North Carolina Criminal Justice Education and

Training Standards Commission, or from any commission, agency, or board

established to certify pursuant to said commission, agency or boards’

standards, which was revoked, suspended or denied for cause and such period of

sanction is still in effect at the time of designation;

(6)           Perform the duties and responsibilities of a school

director as specifically required in Rule .0709;

(7)           Maintain an updated copy of the "Telecommunicator

Certification Training Manual" assigned to each accredited school; and

(8)           Ensure compliance with the Commission’s

accreditation requirements as set forth in 12 NCAC 10B .0708.

 

History Note:        Authority G.S. 17E‑4;

Eff. April 1, 2001;

Amended Eff. August 1, 2002.

 

12 NCAC 10B .0711          TERMS AND CONDITIONS OF

TELECOMMUNICATOR SCHOOL DIRECTOR CERTIFICATION

 

History Note:        Authority G.S. 17E‑4;

Eff. April 1, 2001;

Repealed Eff. August 1, 2002.

 

12 NCAC 10B .0712          SUSPENSION: REVOCATION: OR DENIAL:

TELECOMMUNICATOR SCHOOL DIRECTOR CERT

 

History Note:        Authority G.S. 17E‑4;

Eff. April 1, 2001;

Repealed Eff. August 1, 2002.

 

12 ncac 10b .0713          ADMISSION OF TRAINEES

(a)  The school director shall not admit any individual as a

trainee in any commission-certified basic training course who is not a citizen

of the United States.

(b)  The school may not admit any individual younger than 21

years of age as a trainee in any commission-certified basic training course

without the prior written approval of the Director of the Standards Division.

The Director shall approve those individuals who will turn 21 years of age

during the course, but prior to the ending date.

(c)  The school may not admit any individual who has not

provided documentation that he or she meets the educational requirement as set

out in 12 NCAC 10B .0302.

(d)  The school shall give priority admission in

commission-certified basic training courses to individuals holding full-time

employment with criminal justice agencies.

(e)  The school shall administer the reading component of a

standardized test that reports a grade level for each trainee participating in

either the Telecommunicator or Detention Officer Certification Course.  The

specific type of test instrument shall be determined by the school director and

shall be administered within the first week of the Course. The grade level

results on each trainee shall be submitted to the Commission on each trainee's

Report of Student Course Completion.

(f)  The school shall not admit any individual as a trainee

in a presentation of the Detention Officer Certification Course or the

Telecommunicator Certification Course unless as a prerequisite the individual

has provided to the certified school director a Medical Examination Report Form

(F-2) and the Medical History Statement Form (F-1) in compliance with 12 NCAC

10B .0304.  The Medical Examination Report Form (F-2) and the Medical History

Statement Form (F-1) required by the North Carolina Criminal Justice Education

and Training Standards Commission shall be recognized by the Commission for the

purpose of complying with this Rule.

(g)  The school shall not admit any individual trainee in

commission-certified basic training courses unless as a prerequisite the

individual has provided the certified School Director a certified criminal

record check for local and state records for the time period where the trainee

has resided within the past 10 years and where the trainee attended high

school. An Administrative Office of the Courts criminal record check or a

comparable out-of-state criminal record check will satisfy this requirement.  If

an individual trainee has received a probationary certificate from the

Commission at the time of enrollment, this records check requirement is waived.

(h)  The school shall not admit any individual as a trainee

in commission-certified basic training courses who has been convicted of the

following:

(1)           a felony;

(2)           a crime for which the punishment could have

been imprisonment for more than two years;

(3)           a crime or unlawful act defined as a

"Class B Misdemeanor" within the five year period prior to the date

of appointment;

(4)           four or more crimes or unlawful acts as

defined as "Class B Misdemeanors" regardless of the date of

conviction;

(5)           four or more crimes or unlawful acts

defined as "Class A Misdemeanors" except the trainee may be enrolled

if the last conviction occurred more than two years prior to the date of

enrollment; or

(6)           a combination of four or more "Class A

Misdemeanors" or "Class B Misdemeanors" regardless of the date

of conviction.

(i)  Individuals charged with crimes as specified in this Paragraph

that were dismissed or the person was found not guilty may be admitted into the

commission-certified basic training courses but completion will not ensure that

certification as a justice officer through the Commission will be issued.  Every

individual who is admitted as a trainee in a presentation of the Basic Law

Enforcement Training Course commission-certified basic training courses shall

notify the School Director of all criminal offenses which the trainee is

arrested for or charged with, pleads no contest to, pleads guilty to or is

found guilty of, and notify the School Director of all Domestic Violence Orders

(G.S. 50B) and Civil No Contact Orders (50C) which are issued by a judicial

official that provide an opportunity for both parties to be present. This shall

include all criminal offenses except minor traffic offenses.  A minor traffic

offense is defined for purposes of this Paragraph as any offense under G.S. 20

or similar laws of other jurisdictions except those Chapter 20 offenses

published in the Class B Misdemeanor Manual.  Other traffic offenses under laws

of other jurisdictions which shall be reported to the School Director include

either first or subsequent offenses of driving while impaired if the maximum allowable

punishment is for a term of more than six months but not more than two years,

and driving while license permanently revoked or permanently suspended.  The

notifications required under this Paragraph must be in writing, must specify

the nature of the offense, the court in which the case was handled, the date of

the arrest or criminal charge, the date of issuance of the Domestic Violence

Order (G.S 50B) or Civil No Contact Order (G.S. 50C), and the final disposition

and the date thereof. The notifications required under this Paragraph must be

received by the School Director within 30 days of the date the case was

disposed of in court. The requirements of this Paragraph are applicable at all

times during which the trainee is enrolled in a Basic Law Enforcement Training

Course. The requirements of this Paragraph are in addition to the notifications

required under 12 NCAC 10B .0301 and 12 NCAC 09B .0101(8).

 

History Note:        Authority G.S. 17C-4; 17E-7;

Eff. April 1, 2001;

Amended Eff. January 1, 2013; January 1, 2007; January 1,

2005.

 

SECTION .0800 ‑ ACCREDITATION OF JUSTICE OFFICER SCHOOLS

AND TRAINING COURSES

 

12 NCAC 10B .0801          ACCREDITATION: JUSTICE OFFICER

SCHOOLS/TRAINING COURSES

The rules covering the accreditation of Criminal Justice

Schools and training courses, codified as Title 12, Subchapter 9C, Section

.0400 of the North Carolina Administrative Code, and previously adopted by the

North Carolina Criminal Justice Education And Training Standards Commission,

are hereby incorporated by reference and shall automatically include any later

amendments and editions of the incorporated material to apply to actions of the

Commission with the exception of the Detention Officer Instructor, Detention

Officer Schools and Training Courses.  Copies of the incorporated materials may

be obtained at no cost from the Criminal Justice Standards Division, North

Carolina Department of Justice, Post Office Drawer 149, Raleigh, North Carolina

27602.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. August 1, 1998; January 1, 1996.

 

 

 

12 NCAC 10B .0802          CERTIFICATION: DELIVERY/DETENTION

OFFICER CERTIFICATION COURSE

(a)  An institution or agency must be certified to deliver a

Detention Officer Certification Course.

(b)  In order to obtain certification, an institution or

agency shall meet or exceed the following minimum standards for overall course

delivery:

(1)           the institution or agency shall conduct a

minimum of one Detention Officer Certification Course each calendar year;

(2)           the executive officer shall comply with the

requirements of 12 NCAC 10B .0703; and

(3)           the executive officer shall comply with the

additional certification requirements as specified in the "Detention

Officer Certification Course Management Guide".

(c)  An institution or agency meeting the requirements of 12

NCAC 10B .0802(b) may submit a "Request for Certification" (Form F-7)

to the Division.  Upon receipt of the request, the Division staff shall:

(1)           review the application for completeness;

(2)           contact the institution or agency executive

officer or designated school director to schedule an on-site visit and tour of

the proposed training facilities;

(3)           during the on-site visit note any

deficiencies and attempt to provide assistance and recommendations in

correcting those deficiencies; and

(4)           notify the applying institution or agency,

in writing, of the approval or denial of the certification request.

(d)  In cases where the deficiencies prohibit the immediate

certification of the institution or agency, the application shall be placed in

a pending status:

(1)           applications may remain in a pending status

for no more than 30 days from the date of notification of any deficiencies; and

(2)           within or following the 30 day period, the

Division shall:

(A)          issue certification; or

(B)          notify the institution or agency, in writing, that

it must re-apply for certification.

(e)  Any existing commission-issued certifications issued

and valid on July 31, 1998 shall be automatically extended with an expiration

date of December 31, 1999 at which time the previously issued certification

shall be terminated.

(f)  All new applicants for certification shall meet the

requirements of this Section after August 1, 1998.

(g)  The certified institution or agency shall be subject to

unannounced on-site certification audits to ensure compliance with the rules in

this Section 

(h)  Following an on-site certification audit, the Division

staff shall:

(1)           notify the institution or agency of the

results of the audit; and

(2)           recommend to the Commission's Probable

Cause Committee any action pursuant to 12 NCAC 10B .0802(j).

(i)  School certification shall remain effective until

surrendered, suspended, or revoked.

(j) The Commission may suspend or revoke the certification

of a school when it finds that the school has failed to meet or to continuously

maintain any requirement, standard or procedure for school certification or

course delivery as required by Section .0700 of this Subchapter.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff.

January 1, 2005; August 1, 1998; January 1, 1996; January 1, 1990.

 

12 NCAC 10B .0803          REPORTS/DETENTION OFFICER CERT COURSE

PRESENTATION/COMPLETION

Each presentation of the Detention Officer Certification

Course shall be reported to the Commission as follows:

(1)           After acquiring accreditation for the course and

before commencing each delivery of the course, the school director shall, no

less than 30 days prior to the scheduled delivery, notify the Division of the

school's intent to offer the training course by submitting a Pre‑Delivery

Report of Training Course Presentation (Form F‑7A); and

(2)           Upon completing delivery of the accredited course,

and not more than ten days after receiving from the Commission's representative

the Report of Examination Scores, the school director shall notify the Division

regarding the progress and achievement of each enrolled trainee by submitting a

Post‑Delivery Report of Training Course Presentation (Form F‑7B). 

This report shall also include each trainee's reading grade level as determined

by testing required in 12 NCAC 10B .0601(c).

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 1996; January 1, 1992.

 

 

 

 

 

12 NCAC 10B .0804          ACCREDITATION:

DELIVERY/TELECOMMUNICATOR CERTIFICATION COURSE

(a)  To be accredited to deliver a Telecommunicator

Certification Course, an institution or agency must submit a Form F-7-T

requesting school accreditation.

(b)  School accreditation shall remain effective until

surrendered, suspended, or revoked.

(c)  The Commission may suspend or revoke the accreditation

of a school when it finds that the school has failed to meet or continuously

maintain any requirement, standard, or procedure for school accreditation or

course delivery as required by Section .0700 of this Subchapter.

 

History Note:        Authority G.S. 17E-4;

Eff. April 1, 2001.

 

12 NCAC 10B .0805          REPORTS/TELECOMMUNICATOR CERT COURSE

PRESENTATION/COMPLETION

Each presentation of the Telecommunicator Certification

Course shall be reported to the Commission as follows:

(1)           After acquiring accreditation for the course and

before commencing each delivery of the course, the school director shall, no

less than 30 days prior to the scheduled delivery, notify the Division of the

school's intent to offer the training course by submitting a Pre-Delivery

Report of Training Course Presentation (Form F‑7A-T); and

(2)           Upon completing delivery of the accredited course,

and not more than 10 days after receiving from the Commission's representative

the Report of Examination Scores, the school director shall notify the Division

regarding the progress and achievement of each enrolled trainee by submitting a

Post‑Delivery Report of Training Course Presentation (Form F‑7B-T).



 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. April 1, 2001.

 

section .0900- MINIMUM STANDARDS FOR JUSTICE OFFICER

INSTRUCTORS

 

12 NCAC 10B .0901          CERT/INSTRUCTORS/BASIC LAW ENFORCEMENT

TRAINING COURSE

The rules covering the certification of instructors,

codified as Title 12, Subchapter 9B, Section .0300 of the North Carolina

Administrative Code, and adopted by the North Carolina Criminal Justice

Education and Training Standards Commission, are hereby incorporated by

reference, and shall automatically include any later amendments and editions of

the referenced materials, to apply to actions of the North Carolina Sheriffs'

Education and Training Standards Commission with the exception of instructors

for the Detention Officer Certification Course and Telecommunicator

Certification Course.  Copies of the publication may be obtained from the

Office of Administrative Hearings, Rules Division web-site

http://www.ncoah.com/rules.

 

History Note:        Authority G.S. 17E-4;

Eff. January 1, 1989;

Amended Eff. January 1, 2013; January 1, 1996; January 1,

1994; June 1, 1992; January 1, 1992.

 

12 NCAC 10B .0902          PHYS FITNESS INSTRS//BASIC LAW

ENFORCEMENT TRAINING COURSE

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Repealed Eff. January 1, 1994.

 

 

 

12 NCAC 10B .0903          CERT: INSTRUCTORS FOR DETENTION

OFFICER CERTIFICATION COURSE

(a)  Any person participating in a commission-certified

Detention Officer Certification Course as an instructor, teacher, professor,

lecturer, or other participant making presentations to the class shall first be

certified by the Commission as an instructor. 

(b)  The Commission shall certify Detention Officer

Certification Course instructors under the following categories:

(1)           Detention Officer Instructor Certification;

(2)           Professional Lecturer Certification; or

(3)           Limited Lecturer Certification as outlined

in Rules .0904, .0906 and .0908 of this Section.

(c)  In addition to all other requirements of this Section,

all instructors certified by the Commission to teach in a commission-certified

Detention Officer Certification Course shall remain knowledgeable and attend

and complete any instructor training updates related to curriculum content and

delivery as may be offered by the curriculum developer and within the time

period as specified by the curriculum developer.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. January 1, 2005; August 1, 1998; January 1,

1996; January 1, 1990.

 

12 NCAC 10B .0904          DETENTION OFFICER INSTRUCTOR

CERTIFICATION

(a)  An applicant for Detention Officer Instructor

Certification shall:

(1)           not have had any type of certification

issued from this Commission, from the North Carolina Criminal Justice Education

and Training Standards Commission, or from any commission, agency, or board

established to certify pursuant to said commission, agency or boards'

standards, which was revoked, suspended or denied for cause and such period of

sanction is still in effect at the time of designation;

(2)           have attended and successfully completed

the North Carolina Sheriffs' Education and Training Standards Commission‑approved

Detention Officer Training Course; or hold a valid general or grandfather

certification as a detention officer or correctional officer; and

(3)           hold General Instructor certification

issued by the North Carolina Criminal Justice Education and Standards

Commission.

(b)  Persons holding Detention Officer Instructor

Certification may teach any topical areas of instruction in the Commission‑mandated

course with the exception of those outlined in 12 NCAC 10B .0908(a)(1) through

(5).

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. January 1, 2005; January 1, 1996; January 1,

1995; January 1, 1994; January 1, 1990.

 

12 ncac 10b .0905          TERMS AND CONDITIONS OF DETENTION

OFFICER INSTRUCTOR CERTIFICATION

(a)  An applicant meeting the requirements for certification

as a Detention Officer Instructor shall serve a probationary period.  The

probationary period shall be set to expire concurrently with the expiration of

the instructors' General Instructor Certification issued by the North Carolina

Criminal Justice Education and Training Standards Commission.  The expiration

dates of any existing commission-issued Probationary General Detention Officer

Instructor Certifications shall be set to expire concurrently with the

expiration of the instructors' General Instructor Certification issued by the

North Carolina Criminal Justice Education and Training Standards Commission. 

If the time-period before the expiration date is less than one year, then the

eight hours of instruction shall be waived for this shortened term and Full

General Detention Officer Instructor Certification shall be issued provided all

other conditions for Full status as set out in Paragraph (b) of this Section

are met.

(b)  The probationary instructor shall be awarded full

Detention Officer Instructor Certification at the end of the probationary

period if the instructors certification required in 12 NCAC 10B .0904(a)(2)

remains valid, and that the instructor through application, submits to the

Division either:

(1)           a favorable recommendation from a school

director accompanied by certification on a commission Instructor Evaluation

Form that the instructor satisfactorily taught a minimum of eight hours as

specified in Paragraph (e) of this Rule in a commission-certified Detention

Officer Certification Course during his/her probationary year; or

(2)           an acceptable written evaluation as

specified in Paragraph (e) of this Rule by a commission member or staff member

based on an on‑site classroom evaluation of the probationary instructor

in a commission-certified Detention Officer Certification Course.  Such

evaluation shall be certified on a commission Instructor Evaluation Form.  In

addition, instructors evaluated by a commission or staff member must also teach

a minimum of eight hours in a commission-certified Detention Officer

Certification Course during his/her probationary year.

(c)  The expiration dates of any existing commission-issued

Full General Detention Officer Instructor Certifications shall be set to expire

concurrently with the expiration of the instructors' General Instructor

Certification issued by the North Carolina Criminal Justice Education and

Training Standards Commission.  If the time-period before the expiration date

shall be less than three years, then the 12 hours of instruction shall be

waived for this shortened term and Full General Detention Officer Instructor

Certification shall be renewed. Full Detention Officer Instructor Certification

is continuous so long as the instructor's certification required in 12 NCAC 10B

.0904(a)(2) remains valid, and that the instructor submits to the Division

every three years a renewal application which includes either:

(1)           a favorable recommendation from a school

director accompanied by certification on a commission Instructor Evaluation

Form that the instructor satisfactorily taught a minimum of 12 hours as

specified in Paragraph (e) of this Rule in a commission-certified Detention

Officer Certification Course during the previous two year period.  The date

full Instructor Certification is originally issued shall be the anniversary

date from which each two year period is figured; or

(2)           an acceptable written evaluation as

specified in Paragraph (e) of this Rule by a commission member or staff member

based on a minimum 12 hours, on‑site classroom observation of the

instructor in a commission-certified Detention Officer Certification Course.

(d)  In the event a General Detention Officer Instructor

Certification (either Probationary or Full) is terminated for failure to have

been satisfactorily evaluated for 12 hours of instruction in a Detention

Officer Certification Course, the individual may re-apply for certification

meeting the initial conditions for such certification, but must also provide

documentation that he/she has audited the number of hours of instruction that

he/she failed to teach in a delivery of an certified Detention Officer

Certification Course.

(e)  An Instructor Evaluation Form records a rating of

instructional ability, student participation, and presentation of the lesson

plan consistent with the requirements for successfully completing the Criminal

Justice Instructor Training as set out in 12 NCAC 09B .0209.

(1)           Instructional ability includes the

instructor's:

(A)          voice quality (projection, articulation, speech

rate);

(B)          verbal skill (fluency and clarity);

(C)          physical appearance and mannerisms (attire, posture,

body language, eye contact, movement);

(D)          personal qualities of the instructor (knowledge,

self-confidence, tact, enthusiasm, sensitivity); and

(E)           selection and use of training aids (use of writing

surface and other aids, effective use of multimedia, transparencies, and

slides, relates aids to objectives, and use of aids when scheduled).

(2)           Student participation includes the

instructor's:

(A)          use of questions to stimulate and encourage

discussion and response to student questions;

(B)          ability to stimulate and encourage class

participation, maintain the students attention and engagement of all students

effectively;

(C)          organization in the arrangement of the classroom for

maximum effect, ensuring all training tools/items are ready when needed, and

presentation for the class lesson; and

(D)          exercise of control and discipline of the students

to maintain proper behavior and orderliness in the classroom, ability to remain

in control during classroom discussions and handle of class disruptions and

problems.

(3)           Presentation of lesson plan includes the

instructor's:

(A)          full coverage of the lesson plan;

(B)          presentation of information in logical sequence;

(C)          timing of presentation to allow for sufficient time

for questions and discussion;

(D)          transition of subjects with continuous progression

and development of lesson;

(E)           emphasis of key points and frequent summarization

of topics to entire lesson or course and use of vivid examples to clarify the

subjects; and

(F)           frequent establishment of relevance of the topics

to entire lesson or course and use of vivid examples to clarify the subjects;

and

(G)          consistency of presentation in following the lesson

plan.

(f)  Individuals may, for just cause, be granted an

extension to successfully teach the required minimum number of hours

instruction on a one-time basis only not to exceed 12 months.  For purposes of

this Rule, just cause means accident, illness, emergency, course cancellation,

or other exceptional circumstances which precluded the instructor from

fulfilling the teaching requirement.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. February 1, 2006; January 1, 2005; August 1,

2002; January 1, 1996; January 1, 1992.

 

12 NCAC 10B .0906          PROFESSIONAL LECTURER CERTIFICATION

(a)  The Commission may issue Professional Lecturer

Certification to a licensed attorney‑at‑law or a person with a law

degree to teach "Legal Aspects of Jail Management and Administration"

in the Detention Officer Certification Course.

(b)  To be eligible for such certification an applicant

shall present documentary evidence demonstrating that the applicant has:

(1)           graduated from an accredited law school;

(2)           obtained the endorsement of a commission

recognized school director who shall:

(A)          recommend the applicant for certification as a

professional lecturer; and

(B)          describe the applicant's expected participation,

topical areas, duties and responsibilities.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. January 1, 1996; January 1, 1994; January 1,

1992.

 

 

 

12 NCAC 10B .0907          TERMS AND CONDITIONS OF PROFESSIONAL

LECTURER CERT

The expiration dates of any existing commission-issued

Professional Lecturer Certifications, where the individual also holds another

instructor certification(s) issued through this Commission, shall be set to

expire concurrently with the other instructor certification(s) issued by this

Commission.  In the event such instructor does not hold another instructor

certification under this Commission, but holds an instructor certification

under the North Carolina Criminal Justice Education and Training Standards Commission,

the expiration date shall be set to expire concurrently with the other

instructor certification(s) issued by the North Carolina Criminal Justice

Education and Training Standards Commission. Where the instructor holds no

certification through either Commission, certification as a professional

lecturer shall remain effective for three years from the date of issuance.  The

lecturer shall apply for recertification at or before the expiration date.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. January 1, 2006; August 1, 2002.

 

12 NCAC 10B .0908          LIMITED LECTURER CERTIFICATION

(a)  The Commission shall issue a Limited Lecturer

Certification to an applicant who has developed specific or special skills by

virtue of specific or special training.  Limited Lecturer Certification shall be

issued in the following topical areas:

(1)           First Aid and CPR;

(2)           Subject Control Techniques;

(3)           Fire Emergencies in the Jail;

(4)           Medical Care in the Jail; and

(5)           Physical Fitness for Detention Officers.

(b)  To be eligible for a Limited Lecturer Certificate for

topic areas set forth in Paragraph (a) of this Rule, the applicant must meet

the qualifications as follows:

(1)           First Aid and CPR:  first aid and CPR

instructor with the American Red Cross, American Heart Association (AHA),

American Safety and Health Institute (ASHI), or National Safety Council (NSC);

or a licensed physician, Nurse Practitioner, Licensed Practical Nurse (LPN),

Registered Nurse (RN), Physician's Assistant, or Emergency Medical Technician

(EMT);

(2)           Subject Control Techniques:  certified by

N.C. Criminal Justice Education and Training Standards Commission as Defensive

Tactics Instructor and compliance with Rule .0903(c) of this Section;

(3)           Fire Emergencies in the Jail:  Certified

Fire Instructor (Level II or higher) through the North Carolina Department of

Insurance Office of State Fire Marshall, or a Specialized Instructor in the

Explosive and Hazardous Material Emergencies topical area through the NC

Criminal Justice Commission;

(4)           Medical Care in a Jail:  A Licensed

Physician, Nurse Practitioner, LPN, RN, or EMT, or Physician's Assistant; and

(5)           Physical Fitness for Detention Officer:

certified as a Physical Fitness Instructor by the North Carolina Criminal

Justice Education and Training Standards Commission.

(c)  In addition to the requirements set out in Paragraph

(b) of this Rule, applicants for Limited Lecturer Certification must possess

current certification to perform CPR which was obtained through the applicant

having shown proficiency both cognitively and through skills testing.

 

History Note:        Authority G.S. 17E-4;

Eff. January 1, 1989;

Amended Eff. February 1, 2012; January 1, 2006; August 1,

2002; August 1, 2000; August 1, 1998; January 1, 1996; January 1, 1992; January

1, 1991; January 1, 1990.

 

12 NCAC 10B .0909          TERMS AND CONDITIONS OF A LIMITED

LECTURER CERTIFICATION

(a)  An applicant meeting the requirements for certification

as a Limited Lecturer shall serve a probationary period. The expiration dates

of any existing commission-issued Limited Lecturer Certifications, where the

individual holds instructor certification under the North Carolina Criminal

Justice Education and Training Standards Commission, shall be set to expire

concurrently with the other instructor certification(s) issued by the North

Carolina Criminal Justice Education and Training Standards Commission.  In the

event such instructor does not hold instructor certification under the North

Carolina Criminal Justice Education and Training Standards Commission, but

holds another instructor certification(s) issued through this Commission, the

expiration date shall be set to expire concurrently with the other instructor

certification(s) issued by this Commission. Where the instructor holds no

certification through either Commission, certification as a Limited Lecturer

shall remain effective for 12 months from the date of issuance.  The lecturer

shall apply for Full Limited Lecturer Certification at or before the expiration

date.  If the time-period before the expiration date is less than one year,

then the four hours of instruction shall be waived for this shortened term and

Full Limited Lecturer Certification shall be issued provided all other

conditions for Full status as set out in this Section are met.

(b)  The probationary instructor shall be eligible for full

Limited Lecturer status at the end of the probationary period if the

instructor, through application, submits to the Commission:

(1)           documentation on a commission Form LL1 of

at least four hours of instruction occurring within the probationary period in

an area of the instructor's expertise related to each topic for which Limited

Lecturer Certification was granted; and

(2)           documentation that all other certifications

required in 12 NCAC 10B .0908 remain valid.

(c)  The expiration dates of any existing commission-issued

Full Limited Lecturer Certifications shall be set to expire concurrently with

the expiration of the corresponding instructors' certification issued by the North

Carolina Criminal Justice Education and Training Standards Commission.  In the

event such instructor does not hold instructor certification under the North

Carolina Criminal Justice Education and Training Standards Commission, but

holds another instructor certification(s) issued through this Commission, the

expiration date shall be set to expire concurrently with the other instructor

certification(s) issued by this Commission.  The lecturer shall apply for

recertification at or before the expiration date.  If the time period before

the expiration date is less than three years, then the six hours of instruction

shall be waived for this shortened term and Full Limited Lecturer Instructor

Certification will be renewed provided all other conditions for Full status as

set out in Subparagraph (2) of this Paragraph are met.  Full Limited Lecturer

Certification shall be continuous so long as the lecturer submits to the

Division every two years:

(1)           documentation on a commission Form LL1 of

at least six hours of instruction occurring within the three-year certification

period in an area of the instructor's expertise related to each topic for which

Limited Lecturer Certification was granted; and

(2)           a renewal application to include

documentation that all other certifications required in 12 NCAC 10B .0908

remain valid.

(d)  In the event a Limited Lecturer Instructor

Certification (either Probationary or Full) is terminated for failure to have

provided documentation of the minimum number of hours of instruction occurring

within the respective certification periods in an area of the instructor's

expertise related to each topic for which Limited Lecturer Certification was

granted, the individual may re-apply for certification meeting the initial

conditions for such certification, but must also provide documentation on a

commission Form LL2 that he/she has audited the number of hours of instruction he/she

failed to teach in the topic area for which Limited Lecturer Certification was

granted in the respective area of expertise.

(e)  Individuals may, for just cause, be granted an

extension to successfully teach the required minimum number of hours

instruction on a one-time basis only not to exceed 12 months.  For purposes of

this Rule, just cause means accident, illness, emergency, course cancellation,

or other exceptional circumstances which precluded the instructor from

fulfilling the teaching requirement.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. January 1, 2006; August 1, 2002; August 1,

2000; August 1, 1998; January 1, 1996; January 1, 1994; January 1, 1992;

January 1, 1991.

 

12 NCAC 10B .0910          USE OF GUEST PARTICIPANTS

The use of guest participants in a delivery of the Detention

Officer Certification Course is permissible with the exception of those topic

areas requiring instructors certified pursuant to 12 NCAC 10B .0908 and .0909. 

Such guest participants are subject to the direct on‑site supervision of

a commission‑certified instructor and must be authorized by the school

director.  A guest participant shall only be used to complement the primary

certified instructor of the topic area and shall in no way replace the primary

instructor.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1992;

Amended Eff. August 1, 1998; January 1, 1996.

 

 

 

12 NCAC 10B .0911          SUSPENSION: REVOCATION: DENIAL OF

DETENTION OFFICER INSTRUCTOR CERTIFICATION

(a)  The Division may notify an applicant for instructor

certification or a certified instructor that a deficiency appears to exist and

attempt, in an advisory capacity, to assist the person in correcting the

deficiency.

(b)  When any person certified as an instructor by the

Commission is found to have knowingly and willfully violated any provision or

requirement of  the rules of this Subchapter, the Commission may take

action to correct the violation and to ensure that the violation does not

recur, including:

(1)           issuing an oral warning and request for

compliance;

(2)           issuing a written warning and request for

compliance;

(3)           issuing an official written reprimand;

(4)           summarily suspending the individual's

certification for a specified period of time or until acceptable corrective

action is taken by the individual if the Commission finds that the public

health, safety, or welfare requires immediate action; or

(5)           revoking the individual's certification.

(c)  The Commission may deny, suspend, or revoke an

instructor's certification when the Commission finds that the person:

(1)           has failed to meet and maintain any of the

requirements for qualification;

(2)           has failed to remain knowledgeable in the

person's areas of expertise by failing to attend and successfully complete any

instructor training updates pursuant to 12 NCAC 10B .0903(c);

(3)           has failed to deliver training in a manner

consistent with the instructor lesson plans;

(4)           has failed to follow specific guidelines

outlined in the "Detention Officer Certification Course Management

Guide" which is hereby incorporated by reference and shall automatically

include any later amendments and editions of the referenced materials.  This

publication is authored by and may be obtained from the North Carolina Justice Academy, Post Office Drawer 99, Salemburg, North Carolina 28385 at no cost at the time of

adoption of this Rule;

(5)           has demonstrated unprofessional personal

conduct as defined in 12 NCAC 10B .0103(21) in the delivery of

commission-mandated training;

(6)           has otherwise demonstrated instructional

incompetence;

(7)           has knowingly and willfully obtained, or

attempted to falsify data, records, scores, grades, or any other student course

materials or obtain or maintain instructor certification by deceit, fraud, or

misrepresentation; or

(8)           has had any type of certification issued

from the Commission, from the North Carolina Criminal Justice Education and

Training Standards Commission, or from any commission, agency, or board

established to certify pursuant to said commission, agency or boards'

standards, which was revoked, suspended or denied for cause.

 

History Note:        Authority G.S. 17E-4;

Eff. January 1, 1993;

Amended Eff. February 1, 2009; January 1, 2005; August 1,

1998; January 1, 1996.

 

12 NCAC 10B .0912          PERIOD/SUSPENSION: REVOCATION: OR

DENIAL OF DETENTION OFFICER INSTRUCTOR CERTIFICATION

The period of suspension, revocation or denial of the

certification of an instructor pursuant to 12 NCAC 10B .0911 shall be:

(1)           no more than one year where the cause of sanction

is:

(a)           failure to deliver training in a manner

consistent with the instructor lesson plans; or

(b)           failure to follow specific guidelines

outlined in the "Detention Officer Certification Course Management

Guide" which is hereby incorporated by reference and shall automatically

include any later amendments and editions of the referenced materials. 

This publication is authored by and may be obtained from the North Carolina

Justice Academy, Post Office Drawer 99, Salemburg, North Carolina 28385 at no

cost at the time of adoption of this Rule; or

(c)           unprofessional personal conduct as defined

in 12 NCAC 10B .0103(21) or demonstration of instructional incompetence in the

delivery of the Detention Officer Certification Course.

(2)           no more than five years where the sanction is

knowingly and willfully obtaining or attempting to falsify data, records, scores, grades, or any other student course materials or obtain or maintain instructor

certification by deceit, fraud, or misrepresentation.

(3)           for an indefinite period, but continuing so long as

the stated deficiency, infraction, or impairment continues to exist, where the

cause of sanction is:

(a)           failure to meet and maintain any of the

requirements for qualification; or

(b)           failure to remain knowledgeable in the

person's areas of expertise.

 

History Note:        Authority 17E-4;

Eff. January 1, 1993;

Amended Eff. February 1, 2009; January 1, 1996.

 

12 ncac 10b .0913          CERT: INSTRUCTORS FOR TELECOMMUNICATOR

CERTIFICATION COURSE

(a)  Any person participating in a commission-certified

Telecommunicator Certification Course as an instructor, teacher, professor,

lecturer, or other participant making presentations to the class shall first be

certified by the Commission as an instructor. 

(b)  As of the effective date of this Rule, the Commission

shall certify Telecommunicator Certification Course instructors under the

following categories:

(1)           Telecommunicator Instructor Certification;

or

(2)           Professional Lecturer Certification.

(c)  Individuals who have previously instructed in a

commission-certified Telecommunicator Certification Course as it existed prior

to the effective date of this Rule are eligible for a waiver of 12 NCAC 10B

.0913(b), provided documentation is submitted showing the applicant taught a

minimum of eight hours in the Telecommunicator Certification Course within the

one-year period prior to the date of application.

(d)  In addition to all other requirements of this Section,

all instructors certified by the Commission to teach in a commission-certified

Telecommunicator Certification Course shall remain knowledgeable and attend and

complete any instructor training updates related to curriculum content and

delivery as may be offered by the curriculum developer and within the time

period as specified by the curriculum developer.

 

History Note:        Authority G.S. 17E‑4;

Eff. April 1, 2001;

Amended Eff. January 1, 2005.

 

12 ncac 10b .0914          TELECOMMUNICATOR INSTRUCTOR

CERTIFICATION

(a)  An applicant for Telecommunicator Instructor

Certification shall:

(1)           not have had any type of certification

issued from this Commission, from the North Carolina Criminal Justice Education

and Training Standards Commission, or from any commission, agency, or board

established to certify pursuant to said commission, agency or boards'

standards, which was revoked, suspended or denied for cause and such period of

sanction is still in effect at the time of designation;

(2)           have attended and successfully completed

the North Carolina Sheriffs' Education and Training Standards Commission‑approved

Telecommunicator Training Course, or hold a valid general or grandfather certification

as a Telecommunicator; and

(3)           hold General Instructor certification

issued by the North Carolina Criminal Justice Education and Standards

Commission.

(b)  Persons holding Telecommunicator Instructor

Certification may teach any topical areas of instruction in the Commission‑mandated

course.

 

History Note:        Authority G.S. 17E‑4;

Eff. April 1, 2001;

Amended Eff. January 1, 2005.

 

12 NCAC 10B .0915          TERMS AND CONDITIONS OF

TELECOMMUNICATOR INSTRUCTOR CERTIFICATION

(a)  An applicant meeting the requirements for certification

as a Telecommunicator Instructor shall serve a probationary period.  The

Telecommunicator Instructor Certification probationary period shall be set to

automatically expire concurrently with the expiration of the instructor's

General Instructor Certification issued by the North Carolina Criminal Justice

Education and Training Standards Commission.  The expiration dates of any

existing commission-issued Probationary General Telecommunicator Instructor

Certifications shall be set to expire concurrently with the expiration of the

instructors, General Instructor Certification issued by the North Carolina Criminal

Justice Education and Training Standards Commission.  If the time-period before

the expiration date is less than one year, then the eight hours of instruction

shall be waived for this shortened term and Full General Telecommunicator

Instructor Certification shall be issued provided all other conditions for Full

status as set out in Paragraph (b) of this Rule are met.

(b)  The probationary instructor shall be awarded full

Telecommunicator Instructor Certification at the end of the probationary period

if the instructor's certification required in 12 NCAC 10B .0914(a)(2) remains

valid, and that the instructor through application, submits to the Division

either:

(1)           a favorable recommendation from a school

director accompanied by certification on a commission Instructor Evaluation

Form that the instructor satisfactorily taught a minimum of eight hours as

specified in Paragraph (e) of this Rule in a commission-certified

Telecommunicator Certification Course during his/her probationary year; or

(2)           an acceptable written evaluation as

specified in Paragraph (e) of this Rule by a commission member  or staff member

based on an on-site classroom evaluation of the probationary instructor in a

commission-certified Telecommunicator Certification Course.  Such evaluation

shall be certified on a commission Instructor Evaluation Form.  In addition,

instructors evaluated by a commission or staff member must also teach a minimum

of eight hours in a commission-certified Telecommunicator Certification Course

during his/her probationary year.

(c)  The expiration dates of any existing commission-issued

Full General Telecommunicator Instructor Certifications shall be set to expire

concurrently with the expiration of the instructors' General Instructor

Certification issued by the North Carolina Criminal Justice Education and

Training Standards Commission.  If the time-period before the expiration date

is less than three years, then the 12 hours of instruction shall be waived for

this shortened term and Full General Telecommunicator Instructor Certification

shall be renewed.  Full Telecommunicator Instructor Certification is continuous

so long as the instructor's certification required in 12 NCAC 10B .0904(a)(2)

remains valid, and that the instructor submits to the Division every three

years a renewal application and either:

(1)           a favorable recommendation from a school

director accompanied by certification on a commission Instructor Evaluation

Form that the instructor satisfactorily taught a minimum of 12 hours as

specified in Paragraph (e) of this Rule in a commission-certified

Telecommunicator Certification Course during the previous two pear period.  The

date full Instructor Certification is originally issued is the anniversary date

from which each three year period is figured; or

(2)           an acceptable written evaluation as

specified in Paragraph (e) of this Rule by a commission member or staff member

based on a minimum 12 hours, on-site classroom observation of the instructor in

a commission-certified Telecommunicator Certification Course.

(d)  In the event a General Telecommunicator Instructor

Certification (either Probationary or Full) is terminated for failure to have

been evaluated for the required minimum number of hours of instruction in a

Telecommunicator Certification Course, the individual may re-apply for

certification meeting the initial conditions for such certification, but must

also provide documentation that he/she has audited the number of hours of

instruction that he/she failed to teach in a delivery of a certified Telecommunicator

Certification Course.

 

(e)  An Instructor Evaluation Form records a rating of

instructional ability, student participation, and presentation of the lesson

plan consistent with the requirements for successfully completing the Criminal

Justice Instructor Training as set out in 12 NCAC 09B .0209. 

(1)           Instructional ability includes the

instructor's:

(A)          voice quality (projection, articulation, speech

rate);

(B)          verbal skill (fluency and clarity);

(C)          physical appearance and mannerisms (attire, posture,

body language, eye contact, movement);

(D)          personal qualities of the instructor (knowledge,

self-confidence, tact, enthusiasm, sensitivity); and

(E)           selection and use of training aids (use of writing

surface and other aids, effective use of multimedia, transparencies, and

slides, relates aids to objectives, and use of aids when scheduled).

(2)           Student participation includes the

instructor's:

(A)          use of questions to stimulate and encourage

discussion and  response to student questions;

(B)          ability to stimulate and encourage class

participation, maintain the students attention and engagement of all students

effectively;

(C)          organization in the arrangement of the classroom for

maximum effect, ensuring all training tools/items are ready when needed, and presentation

for the class lesson; and

(D)          exercise of control and discipline of the students

to maintain proper behavior and orderliness in the classroom, ability to remain

in control during classroom discussions and handle of class disruptions and

problems.

(3)           Presentation of lesson plan includes the

instructor's:

(A)          full coverage of the lesson plan;

(B)          presentation of information in logical sequence;

(C)          timing of presentation to allow for sufficient time

for questions and discussion;

(D)          transition of subjects with continuous progression

and development of lesson;

(E)           emphasis of key points and frequent summarization

of topics to reinforce learning;

(F)           frequent establishment of relevance of the topics

to entire lesson or course and use of vivid examples to clarify the subjects;

and

(G)          consistency of presentation in following the lesson

plan.

 (f) Individuals may, for just cause, be granted an

extension to successfully teach the required minimum number of hours

instruction on a one-time basis only not to exceed 12 months.  For purposes of

this Rule, just cause means accident, illness, emergency, course cancellation,

or other exceptional circumstances which precluded the instructor from

fulfilling the teaching requirement.

 

History Note:        Authority G.S. 17E‑4;

Eff. April 1, 2001;

Amended Eff. February 1, 2006; January 1, 2005; August 1,

2002.

 

12 ncac 10b .0916          PROFESSIONAL LECTURER CERTIFICATION:

TELECOMMUNICATOR CERTIFICATION COURSE

(a)  The Commission may issue Professional Lecturer

Certification to a licensed attorney‑at‑law or a person with a law

degree to teach "Civil Liability for the Telecommunicator" in the

Telecommunicator Certification Course.

(b)  To be eligible for such certification an applicant

shall present documentary evidence demonstrating that the applicant has:

(1)           graduated from an accredited law school;

and

(2)           obtained the endorsement of a commission

recognized school director who shall:

(A)          recommend the applicant for certification as a

professional lecturer; and

(B)          describe the applicant's expected participation,

topical areas, duties and responsibilities.

 

History Note:        Authority G.S. 17E‑4;

Eff. April 1, 2001.

 

12 NCAC 10B .0917          TERMS AND CONDITIONS OF PROFESSIONAL

LECTURER CERT: TELECOMMUNICATOR CERTIFICATION COURSE

The expiration dates of any existing commission-issued

Professional Lecturer Certifications, where the individual also holds another

instructor certification(s) issued through this Commission, shall be set to

expire concurrently with the other instructor certification(s) issued by this

Commission.  In the event such instructor does not hold another instructor

certification under this Commission, but holds an instructor certification

under the North Carolina Criminal Justice Education and Training Standards Commission,

the expiration date shall be set to expire concurrently with the other

instructor certification(s) issued by the North Carolina Criminal Justice

Education and Training Standards Commission.  Where the instructor holds no

certification through either Commission, certification as a professional

lecturer shall remain effective for three years from the date of issuance.  The

lecturer shall apply for recertification at or before the expiration date.

 

History Note:        Authority G.S. 17E‑4;

Eff. April 1, 2001;

Amended Eff. January 1, 2006; August 1, 2002.

 

12 NCAC 10B .0918          USE OF GUEST PARTICIPANTS:

TELECOMMUNICATOR CERTIFICATION COURSE

The use of guest participants in a delivery of the

Telecommunicator Certification Course is permissible.  Such guest participants

are subject to the direct on‑site supervision of a commission‑certified

instructor and must be authorized by the school director.  A guest participant

shall only be used to complement the primary certified instructor of the topic

area and shall in no way replace the primary instructor.

 

History Note:        Authority G.S. 17E‑4;

Eff. April 1, 2001.

 

12 ncac 10b .0919          SUSPENSION: REVOCATION: DENIAL OF

TELECOMMUNICATOR INSTRUCTOR CERTIFICATION

(a)  The Division may notify an applicant for instructor

certification or a certified instructor that a deficiency appears to exist and

attempt, in an advisory capacity, to assist the person in correcting the

deficiency.

(b)  When any person certified as an instructor by the

Commission is found to have knowingly and willfully violated any provision or

requirement of the rules of this Subchapter, the Commission may take action to

correct the violation and to ensure that the violation does not recur,

including:

(1)           issuing an oral warning and request for

compliance;

(2)           issuing a written warning and request for

compliance;

(3)           issuing an official written reprimand;

(4)           summarily suspending the individual's

certification for a specified period of time or until acceptable corrective

action is taken by the individual when the Commission finds that the public

health, safety, or welfare requires emergency action; or

(5)           revoking the individual's certification.

(c)  The Commission may deny, suspend, or revoke an

instructor's certification when the Commission finds that the person:

(1)           has failed to meet and maintain any of the

requirements for qualification;

(2)           has failed to remain knowledgeable in the

person's areas of expertise by failing to attend and successfully complete any

instructor training updates pursuant to 12 NCAC 10B .0913(d);

(3)           has failed to deliver training in a manner

consistent with the instructor lesson plans;

(4)           has failed to follow specific guidelines

outlined in the "Telecommunicator Certification Course Management

Guide" which shall be used and shall automatically include any later

amendments and editions of the referenced materials. This publication is

authored by and may be obtained from the North Carolina Justice Academy, Post Office Drawer 99, Salemburg, North Carolina 28385 at no cost at the time of

adoption of this Rule;

(5)           has demonstrated unprofessional personal

conduct as defined in 12 NCAC 10B .0103(21) in the delivery of

commission-mandated training;

(6)           has otherwise demonstrated instructional

incompetence;

(7)           has knowingly and willfully obtained, or

attempted to falsify data, records, scores, grades, or any other student course

materials or obtain or maintain instructor certification by deceit, fraud, or

misrepresentation; or

(8)           has had any type of certification issued

from this Commission, from the North Carolina Criminal Justice Education and

Training Standards Commission, or from any commission, agency, or board

established to certify pursuant to said commission, agency or boards'

standards, which was revoked, suspended or denied for cause.

 

History Note:        Authority G.S. 17E-4;

Eff. April 1, 2001;

Amended Eff. February 1, 2009; January 1, 2005.

 

12 ncac 10b .0920          PERIOD/SUSPENSION: REVOCATION: OR

DENIAL OF TELECOMMUNICATOR INSTRUCTOR CERTIFICATION

The period of suspension, revocation or denial of the

certification of an instructor pursuant to 12 NCAC 10B .0919 shall be:

(1)           no more than one year where the cause of sanction

is:

(a)           failure to deliver training in a manner

consistent with the instructor lesson plans;

(b)           failure to follow specific guidelines

outlined in the "Telecommunicator Certification Course Management

Guide" which shall be used and shall automatically include any later

amendments and editions of the referenced materials.  This publication is

authored by and may be obtained from the North Carolina Justice Academy, Post

Office Drawer 99, Salemburg, North Carolina 28385 at no cost at the time of

adoption of this Rule; or

(c)           unprofessional personal conduct as defined

in 12 NCAC 10B .0103(21) or demonstration of instructional incompetence in the

delivery of the Telecommunicator Certification Course.

(2)           no more than five years where the sanction is

knowingly and willfully obtaining or attempting to falsify data, records, scores, grades, or any other student course materials or obtain or maintain instructor

certification by deceit, fraud, or misrepresentation.

(3)           for an indefinite period, but continuing so long as

the stated deficiency, infraction, or impairment continues to exist, where the

cause of sanction is:

(a)           failure to meet and maintain any of the

requirements for qualification; or

(b)           failure to remain knowledgeable in the

person's areas of expertise.

 

History Note:        Authority G.S. 17E-4;

Eff. April 1, 2001;

Amended Eff. February 1, 2009.

 

SECTION .1000 ‑ PROFESSIONAL CERTIFICATE PROGRAM FOR

SHERIFFS AND DEPUTY SHERIFFS

 

12 NCAC 10B .1001          PURPOSE

In order to recognize the level of competence of sheriffs

and deputy sheriffs serving the sheriffs' offices of North Carolina, to foster

increased interest in college education and professional law enforcement

training programs and to attract highly qualified individuals into a law

enforcement career, the North Carolina Sheriffs' Education and Training

Standards Commission establishes the Sheriffs and Deputy Sheriffs' Professional

Certificate Program.  This program is a method by which dedicated sheriffs and

deputy sheriffs may receive local, state‑wide and nation‑wide

recognition for education, professional training and on‑the‑job

experience.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. February 1, 1998; January 1, 1992.

 

 

 

12 NCAC 10B .1002          GENERAL PROVISIONS

(a)  In order to be eligible for one or more of the

professional awards, a sheriff or deputy sheriff shall first meet the following

preliminary qualifications:

(1)           be an elected or appointed sheriff or be a

deputy sheriff who holds valid General or Grandfather Certification.  A deputy

sheriff serving under a probationary certification is not eligible for

consideration.  Any justice officer subject to suspension or revocation

proceedings or under investigation for possible decertification action by the

Commission or the North Carolina Criminal Justice Education and Training

Standards Commission is not eligible for professional awards for the pendency

of the proceeding;

(2)           be familiar with and subscribe to the Law

Enforcement Code of Ethics as promulgated by the International Association of

Chiefs of Police; and

(3)           if the applicant is a deputy sheriff, be a

full-time sworn law enforcement officer of a North Carolina Sheriff's Office,

as certified in writing by the sheriff; or be a full-time law enforcement

officer of an agency who must be sworn by the sheriff in order to perform his

duties as certified in writing by the Sheriff.

(b)  Employees of a North Carolina Sheriff's Office who have

previously held general or grandfather law enforcement officer certification

but are presently, by virtue of promotion or transfer, serving in non-sworn

positions not subject to certification are eligible to participate in the Professional

Certificate Program.  Eligibility for this exception requires continuous

employment with the sheriff's office from the date of promotion or transfer

from a sworn, certified position to the date of application for a professional certificate.

(c)  Only training or experience gained in an officer's area

of expertise is eligible for application to this program.

(d)  Certificates shall be awarded based upon a formula that

combines formal education, law enforcement training, and actual experience as a

law enforcement officer.  These professional certificates are appropriate for

sworn sheriffs and full-time deputy sheriffs.  Points are computed in the

following manner:

(1)           each semester hour of college credit shall

equal one education point and each quarter hour shall equal two-thirds of an

education point.  No correspondence or vocational courses shall be credited

towards education points unless an accredited institution, as set out in 12

NCAC 10B .1004(b), credits the course(s) towards a degree;

(2)           twenty classroom hours of commission-approved

law enforcement training shall equal one training point; and

(3)           experience as a sworn law enforcement

officer as defined in Rule .0103(17) of this Subchapter is acceptable for consideration.

 

History Note:        Authority G.S. 17E-4;

Eff. January 1, 1989;

Amended Eff. January 1, 2013; January 1, 2006; August 1,

2000; August 1, 1998; February 1, 1998; January 1, 1992; January 1, 1991;

January 1, 1990.

 

12 NCAC 10B .1003          BASIC LAW ENFORCEMENT CERTIFICATE

In addition to the qualifications set forth in Rule .1002,

an applicant for the Basic Law Enforcement Certificate shall:

(1)           have no less than one year of service; and either

(2)           have successfully completed a commission‑accredited

basic law enforcement training course and any remedial training as required by

the Commission; or

(3)           have completed a minimum of 160 hours of training

in the field of law enforcement.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. January 1, 1994; January 1, 1992; January 1,

1991.

 

 

 

12 ncac 10b .1004          INTERMEDIATE LAW ENFORCEMENT

CERTIFICATE

(a)  In addition to the qualifications set forth in Rule .1002

of this Section, applicants for the Intermediate Law Enforcement Certificate

shall possess or be eligible to possess the Basic Law Enforcement Certificate

and shall have acquired the following combination of educational points or

degrees, law enforcement training and years of law enforcement training

experience:

 



Educational Degrees





None





None





None





Associate





Bachelor







Years of Law

Enforcement Experience





8





6





4





4





2







Minimum Law Enforcement



Training Points





20





35





50





24





23







Minimum Total

Education and

Training Points





39





69





99





24





23





 

(b)  Educational points and degrees claimed shall have been

earned at a technical institute, technical college, community college, junior

college, college or university accredited as such by the Department of

Education of the state in which the institution is located, a national or

regional accrediting body, or the state university of the state in which the

institution is located. No credit shall be given for any correspondence,

on-line or vocational courses unless credited towards a degree by an accredited

institution.

(c)  No more than 160 hours of training obtained by

completing the commission-mandated basic law enforcement training course shall

be credited toward training points.

 

History Note:        Authority G.S 17E-4(b)(1); 17E-4(b)(12);

Eff. January 1, 1989;

Amended Eff. February 1, 2014; January 1, 2013; August 1,

2002; August 1, 1998; January 1, 1996; January 1, 1992.

 

12 ncac 10b .1005          ADVANCED LAW ENFORCEMENT CERTIFICATE

(a)  In addition to the qualifications set forth in Rule.1002

of this Section, applicants for the Advanced Law Enforcement Certificate shall

possess or be eligible to possess the Intermediate Law Enforcement Certificate

and shall have acquired the following combination of educational points or

degrees, law enforcement training points and years of law enforcement

experience:

 



 

Educational Degrees





 

None





 

None





 

Associate





 

Bachelor





Doctoral,

Professional

or Master







Years of Law

Enforcement

Experience





12





9





9





6





4







Minimum Law Enforcement

Training Points





35





50





33





27





23







Minimum Total Education

and Training Points





69





99





33





27





23





 

(b)  Educational points or degrees claimed shall have been

earned at a technical institute, technical college, community college, junior

college, college or university accredited as such by the Department of Education

of the state in which the institution is located, a national or regional

accrediting body, or the state university of the state in which the institution

is located. No credit shall be given for any correspondence, on-line or

vocational courses unless credited towards a degree by an accredited

institution.

(c)  No more than 160 hours of training obtained by

completing the commission-mandated basic law enforcement training course shall

be credited toward training points.

 

History Note:        Authority G.S. 17E-4(b)(1); 17E-4(b)(12);

Eff. January 1, 1989;

Amended Eff. February 1, 2014; January 1, 2013; August 1,

2002; August 1, 1998; January 1, 1996; January 1, 1994; January 1, 1992.

 

12 NCAC 10B .1006          HOW TO APPLY

(a)  All applicants for an award of the basic, intermediate

or advanced certificates shall complete an "Application: Professional

Certificate/Service Award", (F‑6).

(b)  Documentation of education shall be provided by copies

of transcripts, diplomas, or certified letters from the accredited institution.

(c)  Documentation of training shall be provided by copies

of training records signed by the agency's training officer or department head,

or by providing certificates of completion.  Military Police Officers shall

provide a military DD -214 form for verification of service.  Federal

government employees (law enforcement agencies), shall provide certified

letters of verification of employment or copies of federal oaths of office.

(d)  Documentation of the applicant's length of service in

North Carolina shall be based upon the Division's certification records,

however, oaths of office may be requested of the applicant.  Documentation

shall be provided by certified letters of verification of employment from

present or former out-of-state employers (law enforcement agencies).

(e)  The applicant shall submit the "Application:

Professional Certificate/Service Award", (F‑6) to the agency head

who shall attach his recommendation and forward the application to the

Division.  Certificates shall be issued to the agency head for award to the

applicant.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. August 1, 1998; January 1, 1992; January 1,

1991.

 

 

 

 

 

SECTION .1100 ‑ SHERIFFS' AND JUSTICE OFFICERS= SERVICE

AWARD PROGRAM

 

12 NCAC 10B .1101          PURPOSE

In order to recognize Sheriffs', deputy sheriffs', detention

officers', and telecommunicators' loyal and competent service to a particular

sheriff's office in North Carolina, and also to the State of North Carolina,

the Commission establishes the Sheriffs' and Justice Officers' Service Award

Program.  This program is a method by which dedicated officers may receive

local, state‑wide and nation‑wide recognition for their loyal and

competent law enforcement service.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. February 1, 1998; January 1, 1992;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. April 1, 2001; August 1, 1998.

 

12 NCAC 10B .1102          GENERAL PROVISIONS

(a)  In order to be eligible for one or more of the service

awards, a Deputy Sheriff, Detention Officer, Telecommunicator, or Sheriff shall

first meet the following preliminary qualifications:

(1)           Be an elected or appointed sheriff or be a

deputy sheriff, detention officer, or telecommunicator that holds a valid

general or grandfather certification.  An officer serving under a probationary

certification is not eligible for consideration.  Any justice officer subject

to suspension or revocation proceedings or under investigation for possible

decertification action by the Commission or the North Carolina Criminal Justice

Education and Training Standards Commission shall not be eligible for a service

award for the pendency of the proceedings;

(2)           Be familiar with and subscribe to the Law

Enforcement Code of Ethics as promulgated by the International Association of

Chiefs of Police or Telecommunicator Code of Ethics as published by APCO and

NENA to include any subsequent editions or modifications thereto.  A copy of

either Code of Ethics may be obtained at no cost from the Sheriffs' Standards

Division, North Carolina Department of Justice, Post Office Box 629, Raleigh,

North Carolina 27602-0629; and

(3)           Also, employees of a North Carolina

Sheriff's Office who have previously held certification, but are presently, by

virtue of promotion or transfer, serving in positions not subject to

certification are eligible to participate in the service award program.  Eligibility

for this exception requires continuous employment with a sheriff's office from

the date of promotion or transfer from a certified position to the date of

application for a service award as certified in writing by the Sheriff.

(b)  Only experience as a full-time justice officer gained

while holding certification through the Commission or while certified as a law

enforcement officer through the North Carolina Criminal Justice Education and

Training Standards Commission or experience as an elected or appointed Sheriff

shall be acceptable for consideration.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. February 1, 1998; January 1, 1990;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. January 1, 2006; April 1, 2001; August 1,

1998.

 

12 NCAC 10B .1103          INTERMEDIATE SERVICE AWARD

In addition to the qualifications set forth in Rule .1102 an

applicant must have served a minimum of 15 years as an elected or appointed

Sheriff or a certified deputy sheriff, detention officer, or telecommunicator

to receive an intermediate service award.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. January 1, 1992; January 1, 1990;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. April 1, 2001; August 1, 1998.

 

12 NCAC 10B .1104          ADVANCED SERVICE AWARD

In addition to the qualifications set forth in Rule .1102 of

this Section an applicant must have served a minimum of 20 years as an elected

or appointed Sheriff, a certified deputy sheriff, detention officer, or telecommunicator

to receive an advanced service award.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. January 1, 1992; January 1, 1990;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. April 1, 2001; August 1, 1998.

 

12 NCAC 10B .1105          HOW TO APPLY

(a)  All applicants for either the Intermediate Service

Award for the Advanced Service Award shall complete an "Application:

Professional Certificate/Service Award," (F-6).

(b)  Documentation of the applicant's length of service in

North Carolina shall be based upon the Division's certification records,

however, oaths of office may be requested of the applicant.

(c)  The applicant shall submit the application to the

agency head who shall attach his recommendation and forward the application to

the Division.  The Service Award shall be issued to the agency head for

presentation to the applicant.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1989;

Amended Eff. August 1, 1998; January 1, 1992; January 1,

1991.

 

 

 

 

 

SECTION .1200 ‑ PROFESSIONAL CERTIFICATE PROGRAM FOR

DETENTION OFFICERS

 

12 NCAC 10B .1201          PURPOSE

In order to recognize the level of competence of detention

officers serving the Sheriffs' offices of North Carolina, to foster increased

interest in college education and professional law enforcement training

programs and to attract highly qualified individuals into a law enforcement

career, the North Carolina Sheriffs' Education and Training Standards

Commission established the Professional Certificate Program for Detention

Officers.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1990;

Amended Eff. February 1, 1998; January 1, 1996.

 

 

 

12 NCAC 10B .1202          GENERAL PROVISIONS

(a)  In order to be eligible for one or more of the

detention officer professional awards, a detention officer shall first meet the

following preliminary qualifications:

(1)           be a full-time detention officer who holds

valid general or grandfather certification. A detention officer serving under a

probationary certification is not eligible for consideration. Any detention

officer subject to suspension or revocation proceedings or under investigation

for possible decertification action by the Commission or the North Carolina

Criminal Justice Education and Training Standards Commission is not eligible

for any detention officer professional awards for the pendency of the

proceeding.

(2)           be familiar with and subscribe to the Law

Enforcement Code of Ethics as promulgated by the International Association of

Chiefs of Police including any subsequent editions or modifications thereto. A

copy of the Code of Ethics may be obtained at no cost from the Sheriffs'

Standards Division, North Carolina Department of Justice, Post Office Box 629,

Raleigh, North Carolina 27602-0629.

(b)  Employees of a North Carolina Sheriff's Office who have

previously held general or grandfather detention officer certification but are

presently, by virtue of promotion or transfer, serving in positions not subject

to certification are eligible to participate in the Professional Certificate

Program.  Eligibility for this exception requires continuous employment with

the sheriff's office from the date of promotion or transfer from a certified

position to the date of application for a professional certificate.

(c)  Only training and experience gained in an officer's

area of expertise shall be eligible for application to this program.

(d)  Certificates shall be awarded based upon a formula

which combines formal education, training, and actual experience as a detention

officer.  Points are computed in the following manner:

(1)           each semester hour of college credit shall

equal one education point and each quarter hour shall equal two thirds of an

education point.  No correspondence or vocational courses shall be credited

towards education points unless an accredited institution, as set out in 12

NCAC 10B .1204(b), credits the course(s) towards a degree;

(2)           twenty classroom hours of commission-approved

training shall equal one training point; and

(3)           experience as a member of a correctional or

detention facility in North Carolina as defined in Rule .0103(13) of this

Subchapter is acceptable for consideration;

 

History Note:        Authority G.S. 17E-4;

Eff. January 1, 1990;

Amended Eff. January 1, 2013; January 1, 2006; August 1,

1998; February 1, 1998; January 1, 1996; January 1, 1992.

 

12 NCAC 10B .1203          BASIC DETENTION OFFICER PROFESSIONAL

CERTIFICATE

In addition to the qualifications set forth in Rule .1202 of

this Section, an applicant for the Basic Detention Officer Professional

Certificate shall:

(1)           have no less than one year of service; and

(2)           have completed an accredited Detention Officer

Certification Course; or

(3)           have completed a minimum of 80 hours of training in

the field of jails or corrections.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1990;

Amended Eff. January 1, 1996; January 1, 1991.

 

 

 

12 ncac 10b .1204          INTERMEDIATE DETENTION OFFICER

PROFESSIONAL CERTIFICATE

(a)  In addition to the qualifications set forth in Rule

.1202 of this Section, applicants for the Intermediate Detention Officer

Professional Certificate shall possess or be eligible to possess the Basic

Detention Officer Professional Certificate and shall have acquired the

following combination of educational points or degrees, detention officer or

corrections training points and years of detention officer experience:

 



Educational Degrees





None





None





None





Associate





Bachelor







Years of Detention

Officer Experience





8





6





4





4





2







Minimum Detention

Officer Training Points





6





12





16





24





23







Minimum Total Education

and Training Points





13





23





33





24





23





 

(b)  Educational points and degrees claimed shall have been

earned at a technical institute, technical college, community college, junior

college, college or university accredited as such by the Department of

Education of the state in which the institution is located, a national or

regional accrediting body, or the state university of the state in which the

institution is located. No credit shall be given for any correspondence,

on-line or vocational courses unless credited towards a degree by an accredited

institution.

(c)  No more than 80 hours of training obtained by

completing the commission-mandated detention certification course shall be

credited toward training points.

 

History Note:        Authority G.S. 17E-4(b)(1); 17E-4(b)(12);

Eff. January 1, 1990;

Amended Eff. February 1, 2014; January 1, 2013; August 1,

2002; August 1, 1998; January 1, 1996; January 1, 1992.

 

12 ncac 10b .1205          ADVANCED DETENTION OFFICER

PROFESSIONAL CERTIFICATE

(a)  In addition to the qualifications set forth in Rule

.1202 of this Section, applicants for the Advanced Detention Officer

Professional Certificate shall possess or be eligible to possess the

Intermediate Detention Officer Professional Certificate and shall have acquired

the following combination of educational points or degrees, detention officer

or corrections training points and years of detention officer experience:

 



 

Educational Degrees





 

None





 

None





 

Associate





 

Bachelor





Doctoral,

Professional

or Master







Years of Detention

Officer Experience





12





9





9





6





4







Minimum Detention

Officer Training Points





12





16





27





26





26







Minimum Total Education

and Training Points





23





33





27





26





26





 

(b)  Educational points and degrees claimed shall have been

earned at a technical institute, technical college, community college, junior

college, college or university accredited as such by the Department of

Education of the state in which the institution is located, a national or

regional accrediting body, or the state university of the state in which the

institution is located. No credit shall be given for any correspondence,

on-line or vocational courses unless credited towards a degree by an accredited

institution.

(c)  No more than 80 hours of training obtained by

completing the commission-mandated detention certification course shall be

credited toward training points.

 

History Note:        Authority G.S. 17E-4(b)(1); 17E-4(b)(12);

Eff. January 1, 1990;

Amended Eff. February 1, 2014; January 1, 2013; August 1,

2002; August 1, 1998; January 1, 1996; January 1, 1994; January 1, 1992.

 

12 NCAC 10B .1206          HOW TO APPLY

(a)  All applicants for an award of the Basic, Intermediate

or Advanced Certificates shall complete an "Application: Professional

Certificate/Service Award", (F‑6).

(b)  Documentation of education shall be provided by copies

of transcripts, diplomas, or certified letters from the accredited institution.

(c)  Documentation of training shall be provided by copies

of training records signed by the agency's training officer or department head,

or by providing certificates of completion.  No out-of-state training shall be

accepted, unless, the officer is employed in North Carolina during the time of

training.

(d)  Documentation of the applicant's length of service in

North Carolina shall be based upon the Division's certification records,

however, certified letters of verification of employment from present or former

employers may be requested of applicant.  No out-of-state length of service

shall be applicable to this certificate program.

(e)  The applicant shall submit the "Application:

Professional Certificate/Service Award", (F‑6) to his sheriff who

shall attach his recommendation and forward the application to the Commission. 

Certificates will be issued to the sheriff for award to the applicant.

 

History Note:        Authority G.S. 17E‑4;

Eff. January 1, 1990;

Amended Eff. August 1, 1998; January 1, 1991.

 

 

 

 

 

SECTION .1300 ‑ MINIMUM STANDARDS OF TRAINING FOR

TELECOMMUNICATORS

 

12 NCAC 10B .1301          PURPOSE

This Section establishes the current minimum standards by

which telecommunicators shall receive telecommunicator certification training.

 

History Note:        Authority G.S. 17E‑4(a);

Temporary Adoption Eff. March 1, 1998;

Eff. August 1, 1998.

 

 

 

12 ncac 10b .1302          TELECOMMUNICATOR CERTIFICATION COURSE

(a)  The Commission hereby accredits as its telecommunicator

certification training program, the 47-hour Telecommunicator Certification

Course developed by the North Carolina Justice Academy.

(b)  Each Telecommunicator Certification Course shall

include the following identified topic areas and approximate minimum

instructional hours for each area:

(1)           Orientation                                                                                                                                             

2 hours

(2)           Introductory Topics for the

Telecommunicator                                                                             

2 hours

(3)           Interpersonal Communication                                                                                                          

4 hours

(4)           Civil Liability for the Telecommunicator                                                                                        

4 hours

(5)           Telecommunications Systems and Equipment                                                                              

2 hours

(6)           Overview of Emergency Services                                                                                                      

9 hours

(7)           Communications Resources                                                                                                              

2 hours

(8)           Call Reception, Prioritization, and

Resource Allocation                                                               

6 hours

(9)           Broadcasting Techniques, Rules, and

Procedures                                                                          

6 hours

(10)         Telecommunicator Training Practicum                                                                                           

8 hours

(11)         State Comprehensive Examination                                                                                                  

2 hours

TOTAL HOURS                                                                                                                                  47

hours

(c)  Consistent with the curriculum development policy of

the Commission as published in the "Telecommunicator Certification Course

Management Guide", the Commission shall designate the developer of the

Telecommunicator Certification Course curricula and such designation shall be

deemed by the Commission as approval for the developer to conduct pilot

Telecommunicator Certification Courses.  Individuals who complete such a pilot

Telecommunicator Certification Course offering shall be deemed to have complied

with and satisfied the minimum training requirement.

(d)  The "Telecommunicator Certification Training

Manual" as published by the North Carolina Justice Academy shall be used

and shall automatically include any later amendments and editions of the

incorporated matter to apply as the basic curriculum for the Telecommunicator

Certification Course.  Copies of this manual may be obtained by contacting the

North Carolina Justice Academy, Post Office Box 99, Salemburg, North Carolina

28385-0099.

(e)  The "Telecommunicator Certification Course

Management Guide" as published by the North Carolina Justice Academy shall

be used and shall automatically include any later amendments, editions of the

incorporated matter to be used by certified school directors in planning,

implementing and delivering basic telecommunicator training.  The standards and

requirements established by the "Telecommunicator Certification Course

Management Guide" must be adhered to by the certified school director. 

Each certified school director shall be issued a copy of the guide at the time

of certification at no cost to the accredited school.

(f)  Institutions may offer to deliver the Telecommunicator

Certification Course after the Commission has approved the institution's

pre-delivery report documenting who will be teaching the blocks of instruction

for each course offering.

 

History Note:        Authority G.S. 17E‑4(a);

Temporary Adoption Eff. March 1, 1998;

Eff. August 1, 1998.

Amended Eff. April 1, 2001.

 

12 NCAC 10B .1303          TIME REQ/COMPLETION/TELECOMMUNICATOR

CERTIFICATION COURSE

(a)  Each telecommunicator holding temporary or probationary

certification shall satisfactorily complete a commission‑accredited

Telecommunicator Certification Course.  The telecommunicator shall complete

such course within one year from the date of his/her appointment.  Any

telecommunicator who does not comply with this Rule or other training

provisions of this Chapter shall not be authorized to exercise the powers of a

telecommunicator.  If, however, a telecommunicator has enrolled in a commission‑accredited

Telecommunicator Certification Course that concludes later than the end of the

telecommunicator's probationary period, the Commission may extend the

probationary period for a period not to exceed six months.

(b)  Persons having completed a commission‑accredited

Telecommunicator Certification Course and not having been duly appointed and

certified in a telecommunicator position as defined in 12 NCAC 10B .0103(15)

within one year of completion of the Telecommunicator Certification Course

shall complete a subsequent commission‑accredited Telecommunicator

Certification Course in its entirety and pass the State Comprehensive

Examination within the 12 month probationary period as prescribed in 12 NCAC

10B .0402, unless the Director determines that a delay in applying for

certification was due to an act of God or simple negligence on the part of the

applicant or employing agency, in which case the Director may accept a

commission‑accredited Telecommunicator Certification Course which is over

one year old.  Such extension of the one year period shall not exceed 30 days

from the expiration date of a commis­sion‑accredited Telecommunicator

Certification Course.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Temporary Adoption Eff. March 1, 1998;

Eff. August 1, 1998.

 

 

 

12 NCAC 10B .1304          EVALUATION FOR TRAINING WAIVER

(a)  Applicants for certification with prior

telecommunicating experience shall have been employed and certified in a

telecommunicator position in order to be considered for training evaluation

under this Rule.

(b)  Persons who separated from a telecommunicator position

during their probationary period after having completed a commission‑accredited

Telecommunicator Certification Course and who have been separated from a

telecommunicator position for one year or less shall serve the remainder of the

initial probationary period, but need not complete an additional training

program.

(c)  Persons who separated from a telecommunicator position

during their probationary period without having completed a commission-accredited

Telecommunicator Certification Course, or whose certification was suspended

pursuant to 12 NCAC 10B .0204(b)(1), and who have remained separated or

suspended for over one year shall complete a commission‑accredited

Telecommunicator Certification Course in its entirety and pass the State

Comprehensive Examination, and shall be allowed a 12 month probationary period

as prescribed in 12 NCAC 10B .1303(a).

(d)  Persons previously holding Grandfather telecommunicator

certification in accordance with G.S. 17E‑7(c1) who have been separated

from a telecommunicator position for more than one year shall be required to

complete a commission‑accredited Telecommunicator Certification Course in

its entirety and pass the State Comprehensive Examination within the 12 month

probationary period as prescribed in 12 NCAC 10B .1303(a).

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Temporary Adoption Eff. March 1, 1998;

Eff. August 1, 1998.

 

 

 

 

 

12 ncac 10b .1305          TRAINEE ATTENDANCE

(a)  Each trainee enrolled in a certified "Telecommunicator

Certification Course" shall attend all class sessions.  The sheriff or

agency head is responsible for the trainee's regular attendance at all sessions

of the telecommunicator training course.

(b)  The school director may recognize valid reasons for

class absences and may excuse a trainee from attendance at specific class

sessions.  However, excused absences shall not exceed ten percent of the total

class hours for the course offering, except where the absence is due to

religious observance as provided for in the community college policy, in which

case the absence excused may be for an additional 11.3 hours.

(c)  If the school director grants an excused absence from a

class session, he shall schedule appropriate make-up work and ensure the

satisfactory completion of such work during the current course presentation or

in a subsequent course delivery as is permissible under 12 NCAC 10B .1306.

(d)  A trainee is not eligible for administration of the

State Comprehensive Examination nor certification for successful course completion

if the cumulative total of class absences, with accepted make-up work, exceeds the

amount of time allowed in Paragraph (b) of this Rule and shall be terminated

from further course participation by the school director at the time of such

occurrence.

(e)  The school director may terminate a trainee from course

participation or may deny certification of successful course completion where

the trainee is habitually tardy to, or regularly departs early from, class

meetings or field exercises.

(f)  Where a trainee is enrolled in a program as required in

this Section, attendance shall be 100 percent in order to receive a successful

course completion.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. April 1, 2001;

Amended Eff. August 1, 2011.

 

12 NCAC 10B .1306          COMPLETION OF TELECOMMUNICATOR

CERTIFICATION COURSE

(a)  Each delivery of a commission-approved

"Telecommunicator Certification Course" is considered to be a unit as

set forth in this Section.  Each trainee shall attend and satisfactorily

complete a full course during a scheduled delivery. The school director may

develop supplemental rules as set forth in 12 NCAC 10B .0709(a)(7), but may not

add substantive courses, or change or expand the substance of the courses set

forth in 12 NCAC 10B .1301.  This Rule does not prevent the instruction on

local agency rules or standards but such instruction shall not be considered or

endorsed by the Commission for purposes of certification.  The Director may

issue prior written authorization for a specified trainee's limited enrollment

in a subsequent delivery of the same course where the school director provides

evidence that:

(1)           the trainee attended and satisfactorily

completed specified class hours and topics of the "Telecommunicator Certification

Course" but through extended absence occasioned by illness, accident, or

emergency was absent for more than 10 percent of the total class hours of the

course offering; or

(2)           the trainee was granted excused absences by

the school director that did not exceed 10 percent of the total class hours for

the course offering and the school director could not schedule appropriate make‑up

work during the current course offering as specified in 12 NCAC 10B .1305(c)

due to valid reasons; or

(3)           the trainee participated in an offering of

the "Telecommunicator Certification Course" but had an identified

deficiency in essential knowledge or skill in either one or two, but no more

than two, of the specified topic areas incorporated in the course content as

prescribed under 12 NCAC 10B .1302(b).

(b)  An authorization of limited enrollment in a subsequent

course delivery may not be used by the Director unless in addition to the

evidence required by Paragraph (a) of this Rule:

(1)           the trainee submits a written request to

the Director, justifying the limited enrollment and certifying that the

trainee's participation shall be accomplished pursuant to Paragraph (c) of this

Rule; and

(2)           the school director of the previous school

offering submits to the director a certification of the particular topics and

class hours attended and satisfactorily completed by the trainee during the

original enrollment.

(c)  An authorization of limited enrollment in a subsequent

course delivery permits the trainee to attend an offering of the

"Telecommunicator Certification Course" commencing within 120

calendar days from the last date of trainee participation in prior course

delivery, but only if the trainee's enrollment with active course participation

can be accomplished within the period of the trainee's probationary

certification:

(1)           the trainee need only attend and

satisfactorily complete those portions of the course which were missed or

identified by the school director as areas of trainee deficiency in the proper

course participation;

(2)           following proper enrollment in the

subsequent course offering, scheduled class attendance and active participation

with satisfactory achievement in the course, the trainee would be eligible for

administration of the State Comprehensive Examination by the Commission and

possible certification of successful course completion; and

(3)           a trainee shall be enrolled as a limited

enrollee in only one subsequent course offering within the 120 calendar days

from the last date of trainee participation in prior course delivery.  A

trainee who fails to complete those limited portions of the course after one

retest shall enroll in an entire delivery of the Telecommunicator Certification

Course.

(d)  A trainee who is deficient in three or more

subject-matter or topical areas at the conclusion of the course delivery shall

complete a subsequent program in its entirety.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. April 1, 2001.

 

12 ncac 10b .1307          COMPREHENSIVE WRITTEN EXAM ‑

TELECOMMUNICATOR CERTIFICATION COURSE

(a)  At the conclusion of a school's offering of the

"Telecommunicator Certification Course", an authorized representative

of the Commission shall administer a comprehensive written examination to each

trainee who has satisfactorily completed all of the course work.  A trainee

shall not be administered the comprehensive written examination until such time

as all course work is successfully completed.

(b)  The examination shall be an objective test covering the

topic areas as described in 12 NCAC 10B .1302(b).

(c)  The Commission's representative shall submit to the

school director within 10 days of the administration of the examination a

report of the results of the test for each trainee examined.

(d)  A trainee shall successfully complete the comprehensive

written examination if he/she achieves a minimum of 70 percent correct answers.

(e)  A trainee who has fully participated in a scheduled

delivery of a commission-approved training course and has demonstrated

satisfactory competence in each motor‑skill or performance area of the

course curriculum but has failed to achieve the minimum score of 70 percent on

the Commission's comprehensive written examination may request the Director to

authorize a re‑examination of the trainee.

(1)           A trainee's Request for Re‑examination

shall be made in writing on the Commission's form within 30 days after the

original examination and shall be received by the Division before the expiration

of the trainee's probationary certification as a telecommunicator.

(2)           The trainee's request for re‑examination

shall include the favorable recommendation of the school director who

administered the trainee's "Telecommunicator Certification Course".

(3)           A trainee shall have only one opportunity

for re‑examination and shall satisfactorily complete the subsequent

examination in its entirety within 90 days after the original examination.

(4)           A trainee shall be assigned in writing by

the Division a place, time, and date for re‑examination.

(5)           Should the trainee on re‑examination

not achieve the prescribed minimum score of 70 on the examination, the trainee

may not be recommended for certification and must enroll and complete a

subsequent course in its entirety before further examination may be permitted.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. April 1, 2001;

Amended Eff. August 1, 2002.

 

12 NCAC 10B .1308          SATISFACTION OF MINIMUM TRAINING

REQUIREMENTS

In order to satisfy the minimum training requirements for

certification as a telecommunicator, a trainee shall:

(1)           achieve a score of 70 percent correct answers on

the Commission‑administered comprehensive written examination;

(2)           demonstrate successful completion of a

commission-approved offering of the "Telecommunicator Certification

Course" as shown by the certification of the school director; and

(3)           obtain the recommendation of the trainee's school

director that the trainee possesses at least the minimum degree of general

attributes, knowledge, and skill to function as an inexperienced

telecommunicator.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. April 1, 2001.

 

SECTION .1400 - PROFESSIONAL CERTIFICATE FOR RESERVE DEPUTY

SHERIFFS

 

12 ncac 10b .1401          PURPOSE

In order to recognize reserve deputy sheriffs serving the

sheriffs' offices of North Carolina, the North Carolina Sheriffs' Education and

Training Standards Commission establishes the Reserve Deputy Sheriff

Professional Certificate Program.  This program is a method by which dedicated

reserve deputy sheriffs may receive local, state‑wide and nation‑wide

recognition for professional training and participation in law enforcement

functions.

 

History Note:        Authority G.S. 17E;

Eff. August 1, 2000.

 

12 NCAC 10B .1402          GENERAL PROVISIONS

(a)  In order to be eligible for one or more of the

professional certificates, a reserve deputy sheriff shall first meet the

following preliminary qualifications:

(1)           be an appointed reserve deputy sheriff who

holds valid General or Grandfather Certification.  A reserve deputy sheriff

serving under a probationary certification is not eligible for consideration. 

Any deputy sheriff subject to suspension or revocation proceedings or under

investigation for possible decertification action by the Commission or the

North Carolina Criminal Justice Education and Training Standards Commission

shall not be eligible for any deputy sheriff professional awards for the

pendency of the proceeding;

(2)           be familiar with and subscribe to the Law

Enforcement Code of Ethics as promulgated by the International Association of

Chiefs of Police to include any subsequent editions or modifications thereto. 

A copy of the Code of Ethics may be obtained at no cost from the Sheriffs'

Standards Division, North Carolina Department of Justice, Post Office Box 629, Raleigh, North Carolina 27602-0629;

(3)           the applicant shall be a sworn law

enforcement officer of a North Carolina Sheriff's Office, as certified in

writing by the sheriff; or be a sworn law enforcement officer of an agency who

must be appointed by the sheriff in order to perform his duties as certified in

writing by the Sheriff; and

(4)           only training or experience gained in an

officer's area of expertise will be eligible for application to this program. 

All training must be completed during the time of service as a sworn law

enforcement officer, with the exception of Basic Law Enforcement Training.

(b)  Certificates are awarded based upon a formula which

combines law enforcement training and actual participation as a reserve deputy

sheriff in law enforcement functions. Points are computed in the following

manner:

(1)           a minimum of ninety-six (96) hours achieved

over a one-year period of participation in law enforcement functions, by having

been called into reserve duty by the appointing sheriff, shall equal one year

of reserve service;

(2)           twenty hours of commission‑approved

law enforcement training shall equal one law enforcement training point; and

(3)           service as a reserve deputy sheriff shall

be acceptable for consideration.  An officer who is otherwise ineligible to

receive an equivalent certificate through the Professional Certificate Program

for Sheriffs and Deputy Sheriffs as set out in 12 NCAC 10B .1000 may receive a

certificate under this program, in which case one year of full-time service may

be substituted for one year of reserve service in computing eligibility under

this Section.

 

History Note:        Authority G.S. 17E;

Eff. August 1, 2000;

Amended Eff. January 1, 2006.

 

12 ncac 10b .1403          BASIC RESERVE DEPUTY SHERIFF

PROFESSIONAL CERTIFICATE

In addition to the qualifications set forth in Rule .1402,

an applicant for the Basic Reserve Deputy Sheriff Certificate shall have no

less than one year of reserve service and have either:

(1)           successfully completed a commission‑accredited

basic law enforcement training course and any remedial training as required by

the Commission for general certification; or

(2)           completed a minimum of 160 hours of

training in the field of law enforcement.

 

History Note:        Authority G.S. 17E;

Eff. August 1, 2000;

Amended Eff. April 1, 2001.

 

12 ncac 10b .1404          INTERMEDIATE RESERVE DEPUTY SHERIFF

CERTIFICATE

In addition to the qualifications set forth in Rule .1402 in

this Section, applicants for the Intermediate Reserve Deputy Sheriff

Certificate shall possess or be eligible to possess the Basic Reserve Deputy

Sheriff Certificate and shall have acquired the following law enforcement

training points and years of service as a reserve law enforcement officer:

(1)           8 years of reserve officer law enforcement

experience; and

(2)           35 points minimum reserve officer law

enforcement training.  No more than 160 hours of training obtained by

completing the commission-mandated basic law enforcement training course shall

be credited toward training points.

 

History Note:        Authority G.S. 17E;

Eff. August 1, 2000;

Amended Eff. August 1, 2002.

 

12 ncac 10b .1405          ADVANCED RESERVE DEPUTY SHERIFF

CERTIFICATE

In addition to the qualifications set forth in Rule .1402 of

this Section, applicants for the Advanced Deputy Sheriff Certificate shall

possess or be eligible to possess the Intermediate Reserve Deputy Sheriff

Certificate and shall have acquired the following law enforcement training

points and years of service as a reserve law enforcement officer:

(1)           12 years of reserve officer law enforcement

experience; and

(2)           50 points minimum total of reserve officer

law enforcement training.  No more than 160 hours of training obtained by

completing the commission-mandated basic law enforcement training course shall

be credited toward training points.

 

History Note:        Authority G.S. 17E;

Eff. August 1, 2000;

Amended Eff. August 1, 2002.

 

12 NCAC 10B .1406          HOW TO APPLY

(a)  All applicants for an award of the basic, intermediate

or advanced reserve officer certificates shall complete an "Application:

Reserve Deputy Sheriff Professional Certificate/Service Recognition", (F‑6R).

(b)  Documentation of training shall be provided by copies

of training records signed by the agency's training officer or department head,

or by providing certificates of completion.

(c)  Verification of the applicant's length of service as a

reserve deputy sheriff as required in 12 NCAC 10B .1402(b)(1) shall be

documented by providing certified letters, signed by the employing sheriff or

his/her authorized designee.

(d)  The applicant shall submit the application to the

agency head who shall attach his/her recommendation and forward the application

to the Division.  Certificates shall be issued to the agency head for award to

the applicant.

 

History Note:        Authority G.S. 17E;

Eff. August 1, 2000.

 

SECTION .1500 - RESERVE JUSTICE OFFICERS' SERVICE AWARD

PROGRAM

 

12 NCAC 10B .1501          PURPOSE

In order to recognize reserve justice officers' loyal and

competent service to a particular Sheriff's office in North Carolina, the

Commission establishes the Reserve Justice Officers' Service Award Program. 

This program is a method by which dedicated reserve justice officers may

receive local, statewide and nation-wide recognition for their law enforcement

participation.

 

History Note:        Authority G.S. 17E-4;

Eff. April 1, 2001.

 

12 NCAC 10B .1502          GENERAL PROVISIONS

(a)  In order to qualify for one or more of the service

awards, a Reserve Justice Officer shall first meet the following preliminary

qualifications:

(1)           be an appointed reserve deputy sheriff,

detention officer, or telecommunicator who holds a valid general or grandfather

certification.  A reserve officer serving under a probationary certification is

not eligible for consideration.  Any person subject to suspension or revocation

proceedings or under investigation for possible decertification action by the

Commission or the North Carolina Criminal Justice Education and Training

Standards Commission shall not be eligible for any service awards for the pendency

of the proceeding.

(2)           be familiar with and subscribe to the Law

Enforcement Code of Ethics as promulgated by the International Association of

Chiefs of Police or Telecommunicator Code of Ethics as published by APCO and

NENA to include any subsequent editions or modifications thereto.  A copy of

either Code of Ethics may be obtained at no cost from the Sheriffs' Standards

Division, North Carolina Department of Justice, Post Office Box 629, Raleigh, North Carolina 27602-0629.

(b)  Service Awards are based on a formula which calculates

reserve service by actual participation as a reserve deputy sheriff, detention

officer, or telecommunicator in law enforcement, detention, or

telecommunications functions respectively.  A minimum of 96 hours achieved over

a one-year period of participation in law enforcement, detention or

telecommunications functions by having been called into reserve duty by the

appointing sheriff, shall equal one year of reserve service.  Service as a

reserve deputy sheriff, detention officer, or telecommunicator shall be

acceptable for consideration or, an officer who is otherwise ineligible to

receive an equivalent service award through the Sheriffs' and Justice Officers'

Service Award Program as set out in 12 NCAC 10B .1100 may receive a service

award under this program, in which one year of full-time service may be

substituted for one year of reserve service, provided that the officer in

question is currently employed by a sheriff's office in North Carolina in the

capacity of a reserve officer.

(c)  Only experience as a justice officer gained while

holding certification through the Commission or while certified as a law

enforcement officer through the North Carolina Criminal Justice Education and

Training Standards Commission or experience as an elected or appointed Sheriff

shall be acceptable for consideration.

 

History Note:        Authority G.S. 17E;

Eff. April 1, 2001;

Amended Eff. January 1, 2006.

 

12 NCAC 10B .1503          INTERMEDIATE RESERVE SERVICE AWARD

In addition to the qualifications set forth in Rule .1502 of

this Section an applicant must have served a minimum of 15 years as a reserve

deputy, detention officer, or telecommunicator to receive an Intermediate

Reserve Service Award.

 

History Note:        Authority G.S. 17E-4;

Eff. April 1, 2001.

 

12 NCAC 10B .1504          ADVANCED RESERVE SERVICE AWARD

In addition to the qualifications set forth in Rule .1502 of

this Section an applicant must have served a minimum of 20 years as a reserve

deputy, detention officer, or telecommunicator to receive an Advanced Reserve

Service Award.

 

History Note:        Authority G.S. 17E-4;

Eff. April 1, 2001.

 

12 NCAC 10B .1505          HOW TO APPLY

(a)  All applicants for an award of the intermediate and

advanced service award shall complete an "Application: Reserve

Professional Certificate/Service Award," F-6R.

(b)  Documentation of the applicant's length of service as a

reserve deputy sheriff, detention officer, or telecommunicator as required in

12 NCAC 10B .1502(b)(1) shall be documented by providing certified letters,

signed by the employing sheriff or his/her authorized designee.

(c)  The applicant shall submit the application to the

agency head who shall attach his/her recommendation and forward the application

to the Division.  Certificates shall be issued to the agency head for award to

the applicant.

 

History Note:        Authority G.S. 17E-4;

Eff. April 1, 2001.

 

SECTION .1600 ‑ PROFESSIONAL CERTIFICATE PROGRAM FOR

TELECOMMUNICATORS

 

12 ncac 10b .1601          PURPOSE

In order to recognize the level of competence of

telecommunicators serving the sheriffs' offices of North Carolina, to foster

increased interest in college education and professional law enforcement

training programs and to attract highly qualified individuals into a career as

a telecommunicator, the North Carolina Sheriffs' Education and Training

Standards Commission establishes the Telecommunicators' Professional

Certificate Program.  This program is a method by which dedicated

telecommunicators may receive local, state‑wide and nation‑wide

recognition for education, professional training and on‑the‑job

experience.

 

History Note:        Authority G.S. 17E‑4;

Eff. August 1, 2002.

 

12 ncac 10b .1602          GENERAL PROVISIONS

(a)  In order to be eligible for one or more of the

telecommunicator professional awards, a telecommunicator shall first meet the

following preliminary qualifications:

(1)           be a full-time telecommunicator who holds

valid general or grandfather certification under the North Carolina Sheriffs'

Education and Training Standards Commission.  A telecommunicator serving under

a probationary certification is not eligible for consideration;

(2)           be familiar with and subscribe to the

Telecommunicator Code of Ethics as published by the Association of

Public-Safety Communications Officials and the National Emergency Number

Association including any subsequent editions or modifications thereto.  A copy

of the Code of Ethics may be obtained at no cost from the Sheriffs' Standards

Division, North Carolina Department of Justice, Post Office Box 629, Raleigh,

North Carolina 27602-0629.

(b)  employees of a North Carolina Sheriff's Office or other

agency who have previously held general or grandfather telecommunicator

certification under the North Carolina Sheriffs' Education and Training

Standards Commission but are presently, by virtue of promotion or transfer,

serving in positions not subject to certification are eligible to participate

in the Professional Certificate Program.  Eligibility for this exception

requires continuous employment with the sheriff's office or agency from the

date of promotion or transfer from a certified position to the date of

application for a professional certificate.

(c)  Only training and experience gained in a

telecommunicator's area of expertise will be eligible for application to this

program.

(d)  Certificates shall be awarded based upon a formula

which combines formal education, training, and actual experience as a

telecommunicator.  Points are computed in the following manner:

(1)           each semester hour of college credit shall

equal one point and each quarter hour shall equal two thirds of a point;

(2)           twenty classroom hours of commission-approved

training shall equal one point; and

(3)           only experience as a full-time

telecommunicator certified through the Commission shall be acceptable for consideration.

 

History Note:        Authority G.S. 17E-4;

Eff. April 1, 2001;

Amended Eff. January 1, 2013.

 

12 ncac 10b .1603          BASIC TELECOMMUNICATOR CERTIFICATE

In addition to the qualifications set forth in Rule .1602,

an applicant for the Basic Telecommunicator Certificate shall have no less than

one year of service; and, either:

(1)           successfully completed the commission‑accredited

Telecommunicator Certification Course and any remedial training as required by

the Commission; or

(2)           completed a minimum of 40 hours of training

in the field of telecommunications.

 

History Note:        Authority G.S. 17E‑4;

Eff. April 1, 2001.

 

12 ncac 10b .1604          INTERMEDIATE TELECOMMUNICATOR

CERTIFICATE

(a)  In addition to the qualifications set forth in Rule

.1602 of this Section, applicants for the Intermediate Telecommunicator

Certificate shall possess or be eligible to possess the Basic Telecommunicator

Certificate and shall have acquired the following combination of educational points

or degrees, telecommunicator training points and years of telecommunicator

training experience:

 



Educational Degrees





None





None





None





Associate





Bachelor







Years of

Telecommunicator

Experience





8





6





4





4





2







Minimum

Telecommunicator

Training Points





5





10





14





12





10







Minimum Total

Education and

Training Points





12





20





28





12





10





 

(b)  Educational points and degrees claimed shall have been

earned at a technical institute, technical college, community college, junior

college, college or university accredited as such by the Department of

Education of the state in which the institution is located, a national or

regional accrediting body, or the state university of the state in which the

institution is located. No credit shall be given for any correspondence,

on-line or vocational courses unless credited towards a degree by an accredited

institution.

(c)  No more than 40 hours of training obtained by

completing the commission-mandated telecommunicator certification course shall

be credited toward training points.

 

History Note:        Authority G.S. 17E-4(b)(1); 17E-4(b)(12);

Eff. April 1, 2001;

Amended Eff. February 1, 2014; January 1, 2013; August 1,

2002.

 

12 ncac 10b .1605          ADVANCED TELECOMMUNICATOR CERTIFICATE

(a)  In addition to the qualifications set forth in Rule .1602

of this Section, applicants for the Advanced Telecommunicator Certificate shall

possess or be eligible to possess the Intermediate Telecommunicator Certificate

and shall have acquired the following combination of educational points or

degrees, telecommunicator training points and years of telecommunicator

experience:

 



Educational Degrees





 

None





 

None





 

Associate





 

Bachelor





Doctoral,

Professional

or Master







Years of

Telecommunicator

Experience





12





9





9





6





4







Minimum

Telecommunicator Training Points





10





12





17





14





12







Minimum Total

Education and

Training Points





20





23





17





14





12





 

(b)  Educational points and degrees claimed shall have been

earned at a technical institute, technical college, community college, junior

college, college or university accredited as such by the Department of Education

of the state in which the institution is located, a national or regional

accrediting body, or the state university of the state in which the institution

is located. No credit shall be given for any correspondence, on-line or

vocational courses unless credited towards a degree by an accredited

institution.

(c)  No more than 40 hours of training obtained by

completing the commission-mandated telecommunicator certification course shall

be credited toward training points.

 

History Note:        Authority G.S. 17E-4(b)(1); 17E-4(b)(12);

Eff. April 1, 2001;

Amended Eff. February 1, 2014; January 1, 2013; August 1,

2002.

 

12 NCAC 10B .1606          HOW TO APPLY

(a)  All applicants for an award of the basic, intermediate

or advanced certificates shall complete an "Application: Professional

Certificate/Service Award", (F-6).

(b)  Documentation of education shall be provided by copies

of transcripts, diplomas, or certified letters from the accredited institution.

(c)  Documentation of training shall be provided by copies

of training records signed by the agency's training officer or department head,

or by providing certificates of completion. No out-of-state training shall be

accepted, unless the officer is employed in North Carolina during the time of

training.

(d)  Documentation of the applicant's length of service in

North Carolina shall be based upon the Division's certification records,

however, certified letters of verification of employment from present or former

employers may be requested of the applicant.  No out-of-state length of service

shall be applicable to this certificate program.

(e)  The applicant shall submit the "Application:

Professional Certificate/Service Award", (F-6) to the agency head who

shall attach his recommendation and forward the application to the Division. 

Certificates shall be issued to the agency head for award to the applicant.

 

History Note:        Authority G.S. 17E-4;

Eff. April 1, 2001.

 

SECTION .1700 - DOMESTIC VIOLENCE IN-SERVICE TRAINING PROGRAM

FOR DEPUTY SHERIFFS

 

12 NCAC 10B .1701          SHERIFF RESPONSIBILITIES

12 NCAC 10B .1702          INSTRUCTORS

12 NCAC 10B .1703          MINIMUM TRAINING REQUIREMENTS

12 NCAC 10B .1704          DOMESTIC VIOLENCE IN-SERVICE TRAINING

PROGRAM SPECIFICATIONS

12 NCAC 10B .1705          FAILURE TO COMPLETE IN-SERVICE

DOMESTIC VIOLENCE TRAINING PROGRAM

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. March 1, 2005;

Amended Eff. January 1, 2006;

Repealed Eff. January 1, 2007.

 

SECTION .1800 – LAW ENFORCEMENT IN-SERVICE TRAINING PROGRAM

FOR DEPUTY SHERIFFS

 

12 NCAC 10B .1801          SHERIFF RESPONSIBILITIES

12 NCAC 10B .1802          INSTRUCTORS

12 NCAC 10B .1803          MINIMUM TRAINING REQUIREMENTS

12 NCAC 10B .1804          LAW ENFORCEMENT IN-SERVICE TRAINING

PROGRAM SPECIFICATIONS

12 NCAC 10B .1805          FAILURE TO COMPLETE LAW ENFORCEMENT

IN-SERVICE TRAINING PROGRAM

12 NCAC 10B .1806          IN-SERVICE TRAINING COORDINATOR

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 2006;

Repealed Eff. January 1, 2007.

 

SECTION .1900 ‑ RESERVED FOR FUTURE CODIFICATION

 

section .1900 – Military TRAINED APPLICANT and military spouse

 

12 ncac 10b .1901          Military and military spouse

transferees

(a)  An individual seeking certification as a military

trained applicant pursuant to G.S. 93B-15.1 who applies to the Division for a

certification issued by the Commission must meet the following requirements:

(1)           Been awarded a military occupational

specialty that is substantially equivalent to or exceeds the training

requirements required for certification and performed in the occupational

specialty;

(2)           Completed a military program of training,

completed testing or equivalent training and experience as determined by

Paragraph (c) of this Rule;

(3)           Engaged in the active practice of that

occupation for at least two of the five years prior to the date of appointment;

and

(4)           Not committed any act in any jurisdiction

that would have constituted grounds for refusal, suspension of revocation of a

license to practice that occupation in this State at the time the act was

committed. The military trained applicant shall submit documentation to the

Division verifying his or her compliance with the above listed criteria.

(b)  An individual seeking certification as a military spouse

pursuant to G.S. 93B-15.1 who applies to the Division for a certification

issued by the Commission must meet the following requirements:

(1)           Hold a current license, certification or

registration from another jurisdiction which is substantially equivalent to or

exceeds the training requirements required for certification;

(2)           Be in good standing with the issuing agency

and not been disciplined by the agency that has the jurisdiction to issue the

license, certification or permit; and

(3)           Demonstrate competency in the occupation

by:

(A)          Having completed continuing education comparable to

the education and training required for the type of certification for which

application is being made, as determined by Paragraph (c) of this Rule; or

(B)          Having engaged in the active practice of that

occupational specialty for at least two of the five years prior to the date of

appointment.

The military

spouse shall submit documentation to the Division verifying his or her

compliance with the above listed criteria.

(c)  The Division shall review the documents received to

determine if any additional training is required to satisfy the certification

requirements of this Subchapter.  Where training provided by the military or in

other states require approval of prior training, such approval by the

appropriate entity must also be documented.

(d)  In the event the applicant's prior training is not

equivalent to the Commission's standards, the Commission shall prescribe as a

condition of certification, supplementary or remedial training deemed necessary

to equate previous training with current standards.

(e)  Where certifications issued by the Commission require

satisfactory performance on a written examination as part of the training, the

Commission shall require such examinations for the certification.

 

History Note:        Authority G.S. 17E-4; 17E-7; 93B-15.1;

Eff. March 1, 2014.

 

SECTION .2000 ‑ IN‑SERVICE TRAINING FOR JUSTICE

OFFICERS

 

12 NCAC 10B .2001          PURPOSE

In order to ensure a minimum level of proficiency in specific

topical areas for justice officers within the state the Commission establishes

the Justice Officers' In‑Service Training Programs.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 2007; February 1, 1998; January

1, 1990.

 

12 NCAC 10B .2002          Certification-specific programs

The following Justice Officer In-Service Training Programs

shall be required for justice officers who are active in the certification

specified:

(1)           Firearms Training and Requalification for deputy sheriffs

and detention officers as set out in Section .2100 of these Rules;

(2)           Law Enforcement In-Service Training Program for

deputy sheriffs as set out in Rule .2005 of this Section;

(3)           Detention Officer In-Service Training Program as

set out in Rule .2005 of this Section; and

(4)           Telecommunicator In-Service Training Program as set

out in Rule .2005 of this Section.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 1989;

Amended Eff. January 1, 1990;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. January 1, 2007; January 1, 2006; March 1,

2005; August 1, 1998.

 

12 NCAC 10B .2003          IN-SERVICE TRAINING COORDINATOR

(a)  If a Sheriff or Department Head chooses to conduct its

own in-service training, then the Sheriff or Department Head must also appoint

an "In-Service Training Coordinator" who meets the following

criteria:

(1)           Has four years of experience as a criminal

justice officer or as an administrator or specialist in a field directly

related to the criminal justice system;

(2)           Holds General Instructor certification; and

(3)           Has successfully participated in the

"Coordinating In-Service Training" course presented by the NC Justice

Academy for the purpose of familiarization with trainee and instructor

evaluation.

The Sheriff or Department Head shall submit an application

for such appointment to the Division for approval of this designation.

(b)  An In-Service Training Coordinator shall:

(1)           Administer the delivery of the course

curriculum.

(2)           Select and schedule instructors.

(3)           Ensure that each instructor utilizes a

lesson plan previously approved by the Sheriff or his or her designee.

(4)           Monitor, or designate a certified

instructor to monitor the presentations of instructors during course deliveries

and prepare a written evaluation on their performance and suitability for

subsequent instructional assignments.  The observations shall be of sufficient

duration to ensure the instructor is using the Instructional System Development

model, as taught in Criminal Justice Instructor Training set out in 12 NCAC 09B

.0209, and that the delivery is objective based, documented by and consistent

with a Commission-approved lesson plan.

(5)           Maintain records of all in-service training

received by the agency's deputies, detention officers, and telecommunicators including:

(A)          the course title;

(B)          the delivery hours of course;

(C)          the course delivery dates;

(D)          the names and addresses of instructors utilized for

each topic; and

(E)           A roster of enrolled trainees documenting class

attendance.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 2007;

Amended Eff. January 1, 2013.

 

12 NCAC 10B .2004          INSTRUCTORS

The following requirements and responsibilities are hereby

established for instructors who conduct a Commission-mandated In-Service

Training Program:

(1)           The instructors shall:

(a)           hold General Instructor Certification as

issued by the North Carolina Criminal Justice Education and Training Standards

Commission as set out in 12 NCAC 09B .0302, .0304, and .0306;

(b)           hold Professional Lecturer Instructor certification

issued by either the Commission as set out in either 12 NCAC 10B .0906 or

.0916, or the Criminal Justice Education and Training Standards Commission as

set out in 12 NCAC 09B .0306, or General Instructor Certification as issued by

the North Carolina Criminal Justice Education and Training Standards Commission

as set out in 12 NCAC 09B .0302, .0304, and .0306, when teaching a legal block

of instruction;

(c)           hold Professional Lecturer Instructor

certification issued by the Criminal Justice Education and Training Standards

Commission as set out in 12 NCAC 09B .0306, when teaching a medical or

psychological block of instruction; or

(d)           hold Specific Instructor Certification

issued by the Criminal Justice Education and training Standards Commission when

teaching the lesson plans published by the NC Justice Academy as follows:

(i)            Firearms range qualification must be taught

by a Firearms Instructor certified in accordance with 12 NCAC 09B .0304(e). 

The instructor who teaches the classroom instruction regarding use of force may

either hold Professional Lecturer Certification as set out in 12 NCAC 09B

.0306(a)(1); 12 NCAC 10B .0906, or .0916 or hold a Specific Certification‑Firearms

issued by the North Carolina Criminal Justice Education and Training Standards

Commission;

(ii)           Weapons Retention and Disarming Techniques

must be taught by Subject Control Arrest Techniques Instructor certified in

accordance with 12 NCAC 09B .0304(e);

(iii)          Spontaneous Attack Defense and Subject

Control/Arrest Techniques must be taught by a Subject Control Arrest Techniques

Instructor certified in accordance with 12 NCAC 09B .0304(b);

(iv)          Handcuffing and Impact Weapons Refresher and

Subject Control Arrest Techniques: Equipment Retention must be taught by a

Subject Control Arrest Techniques Instructor certified in accordance with 12

NCAC 09B .0304(e);

(v)           Wellness and Stress Awareness and Health and

Fitness for Detention Officers must be taught by a Physical Fitness Instructor

certified in accordance with 12 NCAC 09B .0304(g);

(vi)          Law Enforcement Driver Training (classroom

and practical) must be taught by a Specialized Law Enforcement Driver Training

Instructor certified in accordance with 12 NCAC 09B .0304(f); and

(vii)         Active Shooter: Practical Refresher must be

taught by a General Instructor as set out in Sub-item (1)(a) of this Rule, who

has also completed the North Carolina Justice Academy's "Rapid Deployment

Instructor Training Course."

In addition,

each instructor certified by the Criminal Justice Education and Training Standards

Commission to teach in a Commission-certified course shall remain competent in

his or her specific or specialty areas.  Competent includes remaining current

in the instructor's area of expertise, which may be demonstrated by attending

and successfully completing all instructor updates issued by the Commission.

(2)           Instructors who teach a required in-service

training course must achieve a passing grade on a course-specific test

developed by the North Carolina Justice Academy or by the agency delivering the

training. Instructors who teach a required in-service training course online,

in addition to meeting the above testing requirement, must also complete the

in-service training for the course he or she will be teaching. Instructors who

teach an in-service training course in a traditional classroom format will

receive credit toward their own in-service training requirements, provided that

they pass all required tests and have their instruction documented once

completed.

 

(3)           The use of guest participants is permitted provided

they are subject to the direct on-site supervision of a commission-certified

instructor.

(4)           The instructor shall deliver the training

consistent with the specifications as established in the rules in this Section.

(5)           The instructor shall document the successful or

unsuccessful completion of training for each person attending a training

program and forward a record of their completion to each person's Sheriff or

Department Head.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 2007;

Amended Eff. January 1, 2013; February 1, 2012; January

1, 2011; March 1, 2010; January 1, 2009.

 

12 NCAC 10B .2005          MINIMUM TRAINING REQUIREMENTS

(a)  A Sheriff or Department Head may use a lesson plan

developed by the North Carolina Justice Academy or a lesson plan for any of the

topical areas developed by another entity.  The Sheriff or Department Head may

also use a lesson plan developed by a certified instructor, provided that the

instructor develops the lesson plan in accordance with the Instructional

Systems Development model as taught in Criminal Justice Instructor Training in

12 NCAC 09B .0209. Lesson plans shall be designed to be delivered in hourly

increments.  A student who completes the training shall receive the number of

credits that correspond to the number of credits assigned to the number of

hours, regardless of the amount of time the student spends completing the

course where each hour shall be worth one credit (e.g., "Legal

Update" is designed to be delivered in four hours and will yield four

credits).  With the exception of Firearms Training and Requalification,

successful completion of training shall be demonstrated by passing tests as

developed by the delivering agency or as written by the North Carolina Justice

Academy.  A written test comprised of at least five questions per hour of

training shall be developed by the delivering agency, or the agency may use the

written test developed by the North Carolina Justice Academy, for each

in-service training topic.  A student shall pass each test by achieving 70

percent correct answers.  Firearms Training and Requalification shall be

demonstrated qualification with a firearm as set out in Section .2100 of this

Subchapter.

(b)  The 2014 Law Enforcement In-Service Training Program

requires 24 credits of training and successful completion in the following

topical areas:

(1)           Legal Update;

(2)           Juvenile Minority Sensitivity Training: A

Juvenile – What Now;

(3)           Officer Safety:  The First Five Minutes;

(4)           Firearms Training and Requalification for

deputy sheriffs as set out in Section .2100 of this Subchapter; and

(5)           Any topic areas of the Sheriff's choosing.

(c)  The 2014 Detention Officer In-Service Training Program

requires 16 credits of training and successful completion in the following

topical areas:

(1)           Surviving In Custody Death;

(2)           Detention Officer Intelligence Update; and

(3)           Any topic areas of the Sheriff's or

Department Head's choosing.

(d)  The 2014 Telecommunicator In-Service Training Program

requires 16 credits of training and successful completion in the following

topical areas:

(1)           Hitting the Wall: Avoiding Complacency;

(2)           Customer Service and the 911 Professional;

and

(3)           Any topic areas of the Sheriff's or

Department Head's choosing.

(e)  The 2015 Law Enforcement In-Service Training Program

requires 24 credits of training and successful completion in the following

topical areas:

(1)           Legal Update;

(2)           Juvenile Minority Sensitivity Training:

What does it have to do with me?;

(3)           Domestic Violence:  Teen Dating Violence;

(4)           Firearms Training and Requalification for

deputy sheriffs as set out in Section .2100 of this Subchapter; and

(5)           Any topic areas of the Sheriff's choosing.

(f)  The 2015 Detention Officer In-Service Training Program

requires 16 credits of training and successful completion in the following topical

areas:

(1)           Legal Update;

(2)           Documenting the Incident;

(3)           Emotional Survival for Detention Officers;

and

(4)           Any topic areas of the Sheriff's or

Department Head's choosing.

(g)  The 2015 Telecommunicator In-Service Training Program

requires 16 credits of training and successful completion in the following

topical areas:

(1)           Crisis Negotiation;

(2)           Interpersonal Communications:  Team

Building;

(3)           Emotional Survival;

(4)           Tactical Dispatch; and

(5)           Any topic areas of

the Sheriff's or Department Head's choosing.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 2007;

Amended Eff. January 1, 2015; February 1, 2014; January

1, 2013; February 1, 2012; January 1, 2011; January 1, 2010; January 1, 2009;

January 1, 2008.

 

12 NCAC 10B .2006          IN-SERVICE TRAINING PROGRAM

SPECIFICATIONS

(a)  Justice officers who have been active as a deputy

sheriff, detention officer, or telecommunicator between January and July of

each calendar year shall complete the respective In-Service Training Program(s)

established by 12 NCAC 10B .2002 by the end of December of each calendar year. 



(b) For each justice officer holding multiple certifications

from the Commission with the same agency, the Sheriff shall designate the

officer's primary duties for the purpose of selecting which one of the

in-service training programs the officer shall complete for a calendar year. 

(c)  A justice officer who fails to complete in-service

training as required, but is either separated or made inactive prior to the end

of the calendar year, may be re-activated after completing the in-service

training program prescribed for the year immediately preceding the year in

which the officer is being activated. 

(d)  Persons who have prior service as a criminal justice

officer as defined in 12 NCAC 09A .0103(6) between January and July of the

current year, and who then become an active deputy sheriff are required to

complete the in-service training program for that year, unless the person is

also either a detention officer or telecommunicator with the same Sheriff's

Office and the Sheriff has designated the officer's primary function to be

either a detention officer or telecommunicator.

(e)  Persons who have prior service as a criminal justice

officer as defined in 12 NCAC 09A .0103(6) between January and July of a prior

year who failed to complete in-service training for that year, shall complete

the in-service training program prescribed for the year preceding the year in

which the officer is being activated as a deputy, unless the person was also

reported to this Commission as a telecommunicator with the same agency and

completed the telecommunicator in-service training for that year.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 2007;

Amended Eff. January 1, 2015; January 1, 2013; January 1,

2010.

 

12 NCAC 10B .2007          SHERIFF/agency head RESPONSIBILITIES

Each Sheriff or Department Head shall ensure that the

respectively required In-Service Training Program established by this Section

is conducted.  In addition, the Sheriff or Department Head shall:

(1)           report to the Division those deputy sheriffs,

detention officers and telecommunicators who are inactive;

(2)           maintain a roster of each deputy sheriff, detention

officer and telecommunicator who successfully completes the respectively

required In-Service Training Program;

(3)           report to the Division by January 15th

of each year:

(a)           those active telecommunicators who fail to

complete the prior year's Telecommunicator Officer In-Service Training Program

in accordance with 12 NCAC 10B .2012;

(b)           those active detention officers who fail to

complete the prior year's Detention Officer In-Service Training Program in

accordance with 12 NCAC 10B .2012; and

(c)           those active deputy sheriffs who fail to

complete the prior year's Law Enforcement In-Service Training Program in

accordance with 12 NCAC 10B .2005.  The reporting shall be on a Commission

form.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 2007;

Amended Eff. January 1, 2013; January 1, 2011; January 1,

2010; January 1, 2009; January 1, 2008.

 

12 NCAC 10B .2008          FAILURE TO COMPLETE IN-SERVICE

TRAINING PROGRAMS

(a)  Failure to complete the respectively required

In-Service Training Program(s), except as set forth in Paragraph (c) of this

Rule, in accordance with this Section shall result in the summary suspension of

certification by the Commission if the Commission finds that the public health,

safety, or welfare requires immediate action.

(b)  Certification may be reinstated at the request of the

justice officer's Sheriff/Agency Head provided the justice officer completes

the respectively required In-Service Training Program within one year of the

date of suspension of certification.  An In-Service Training Program completed

under this provision shall be credited to the prior year of non-compliance and

shall not be credited toward the current year of completion.

(c)  Failure to qualify a justice officer in accordance with

Section .2100 of these Rules is governed by 12 NCAC 10B .2105.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 2007;

Amended Eff. January 1, 2009.

 

12 NCAC 10B .2009          training delivery

The training provider shall ensure that the:

(1)           training is documented by roster that includes:

(a)           student names;

(b)           date and time of training;

(c)           instructional topic;

(d)           hours taught;

(e)           instructor's name; and

(f)            training provider.

The training provider may also issue a certificate to the

officer;

(2)           training is taught by a Commission certified

instructor;

(3)           instructors use the lesson plans prepared by the NC

Justice Academy, another entity or develop their own developed in accordance

with the provisions of 12 NCAC 10B .2005(a);

(4)           instructors provide each student with a copy of the

student lesson plan during the course delivery; and

(5)           a copy of the lesson plan(s) is maintained

indefinitely by the training provider.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 2013.

 

SECTION .2100 ‑ DEPUTY SHERIFF' AND DETENTION OFFICERS'

FIREARMS IN‑SERVICE         TRAINING REQUALIFICATION PROGRAM

 

 

 

12 NCAC 10B .2101          SHERIFF RESPONSIBILITIES

The sheriff shall ensure that the deputy sheriffs' and

detention officers' In‑Service Firearms Training and Requalification

Program is conducted according to minimum specifications as outlined in 12 NCAC

10B .2103 and .2104.  In addition, the sheriff:

(1)           shall maintain copies of each course of fire

adopted for use by his department and shall make those courses available for

review by the Commission's representative upon request; and

(2)           shall maintain in each officer's personnel file a

copy of a commission-approved Firearms Requalification Record Form which

verifies that the officer did, or did not, successfully complete the minimum

annual in‑service firearms training requirement; and

(3)           may, where the officer fails to qualify with any of

the weapons specified in 12 NCAC 10B .2104 prohibit access or possession of

such weapon while on duty or when acting in the discharge of that agency's

official duties and may deny the officer authorization to carry such weapons

concealed when off‑duty, except when the officer is on his/her own

premises; and

(4)           shall report to the Division once each calendar

year a roster of all deputy sheriffs and detention officers who fail to

successfully complete the annual in-service firearms training and qualification

and shall certify that all deputy sheriffs and detention officers required to

qualify pursuant to 12 NCAC 10B .2104 who are not listed did successfully

complete the training.  This roster shall reflect the annual in-service

firearms training and qualification status of all deputy sheriffs and detention

officers employed by the agency as of December 31st of each calendar year and

shall be received by the Division no later than the following January 15th; and

(5)           shall report to the Division not later than January

15th of each calendar year a list of those deputy sheriffs and detention

officers employed by the agency who are not authorized by the sheriff to carry

a weapon; and

(6)           may ensure that once each year all officers receive

a review of departmental policies regarding the use of force.  It is

recommended by the Commission that all officers be tested on departmental

policies.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 1995; January 1, 1993;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. August 1, 1998.

 

 

 

12 NCAC 10B .2102          INSTRUCTORS

The following requirements and responsibilities are hereby

established for instructors who conduct the Deputy Sheriffs' and Detention

Officers' In‑Service Firearms Training and Requalification Program:

(1)           The instructor who performs the range qualification

shall hold "Specific Instructor Certification‑Firearms" issued

by the North Carolina Criminal Justice Education and Training Standards

Commission.

(2)           The instructor who teaches the classroom

instruction regarding use of force may either hold a Professional Lecturer

Certfication as set out in 12 NCAC 09B .0306(a)(1); 12 NCAC 10B .0906, or .0916

or hold a "Specific Certification‑Firearms" issued by the North

Carolina Criminal Justice Education and Training Standards Commission;

(3)           The instructor shall deliver the training

consistent with the minimum specifications as established by 12 NCAC 10B .2103

and .2104; and shall be present at all times during which said training is

being conducted to personally provide all supervision, classroom training,

range training, and scoring for certification purposes;

(4)           The instructor shall document the successful or

unsuccessful completion of training for each officer on a commission Firearms

Requalification Record Form and forward such form to each officer's sheriff;

and

(5)           The instructor shall submit to the sheriff copies

of all courses of fire used for qualification of deputy sheriffs and detention

officers in compliance with 12 NCAC 10B .2101(1).

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 1995; January 1, 1993; January 1,

1991;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. January 1, 2013; August 1, 1998.

 

12 NCAC 10B .2103          MINIMUM TRAINING REQUIREMENTS

(a)  In order to be approved by the Commission, an In-Service

Firearms Training and Requalification Program shall include the following

specified topics:

(1)           Use of Force:  review the authority to use

deadly force including relevant case law and materials.

(2)           Safety:

(A)          Range rules and regulations;

(B)          Handling of a firearm; and

(C)          Malfunctions.

(3)           Review of Basic Marksmanship Fundamentals:

(A)          Grip, stance, breath control and trigger squeeze;

(B)          Sight and alignment/sight picture; and

(C)          Nomenclature.

(4)           Operation and Maintenance of all authorized

weapons.

(b)  The Instructor shall teach the same training objectives

for the topical areas listed in this Rule as specified in the Specialized

Firearms Instructor Training Manual published by the North Carolina Justice

Academy which is hereby incorporated by reference and shall automatically

include any later amendments and editions of the referenced materials as the

approved source for the above mandated topical areas.  Copies of this

publication may be obtained from the North Carolina Justice Academy, Post

Office Drawer 99, Salemburg, North Carolina 28385. There is no cost per manual

at the time of adoption of this Rule.

 

History Note:        Authority G.S. 17E-4; 17E-7;

Eff. January 1, 1989;

Amended Eff. January 1, 2013; January 1, 1993.

 

12 NCAC 10B .2104          IN‑SERVICE FIREARMS

REQUALIFICATION SPECIFICATIONS

(a)  All deputy sheriffs and detention officers who are

authorized by the sheriff to carry a handgun shall qualify a minimum of once

each year with their individual and department‑approved service handgun. 

The course of fire shall not be less stringent than the "Basic Law

Enforcement Training Course" requirements for firearms qualification.

(b)  All deputy sheriffs and detention officers who are

issued, or otherwise authorized by the sheriff to carry a shotgun, rifle, or

automatic weapon shall qualify with each weapon respectively a minimum of once

each year.  The course of fire shall not be less stringent than those set out

in the "In Service Firearms Qualification Manual" as published by the

North Carolina Justice Academy.

(c)  Qualifications conducted pursuant to Paragraphs (a) and

(b) of this Rule shall be completed with duty equipment and duty ammunition or

ballistic equivalent ammunition to include lead free ammunition that meets the

same point of aim, point of impact, and felt recoil of the duty ammunition, for

all weapons.

(d)  All deputy sheriffs and detention officers who are

authorized by the sheriff to carry off duty handguns shall qualify with their

off duty handgun a minimum of once each year pursuant to 12 NCAC 10B .2103 and

.2104(a) and (b) with each handgun the officer carries off duty using

ammunition approved by the sheriff.

(e)  All deputy sheriffs and detention officers who are

issued or have access to any weapons not stated in this Rule must qualify with

these weapons once each year using ammunition approved by the sheriff.

(f)  In cases where reduced‑sized targets are used to

simulate actual distances, a modified course of fire may be used.

(g)  To satisfy the training requirements for all in‑service

firearms requalifications, a deputy sheriff or detention officer shall attain a

minimum qualification score of 70 percent accuracy with each weapon once in

three attempts with no more than three attempts on each course of fire per day.

(h)  The "In‑Service Firearms Qualification

Manual" as published by the North Carolina Justice Academy is hereby

incorporated by reference, and shall automatically include any later amendments

or editions of the referenced materials to apply as a minimum guide for

conducting the annual in‑service firearms qualification.  Copies of the

publication may be obtained from the North Carolina Justice Academy, Post

Office Drawer 99, Salemburg, North Carolina 28385.  There is no cost per manual

at the time of adoption of this Rule.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. January 1, 1994; January 1, 1993; January 1,

1992; January 1, 1991;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. January 1, 2011; January 1, 2006; August 1,

2002; August 1, 1998.

 

12 NCAC 10B .2105          FAILURE TO QUALIFY

(a)  Deputy sheriffs and detention officers who fail to

qualify pursuant to Rule .2104 of this Section shall immediately surrender

their weapons to the sheriff, upon his request, and shall have 30 days in which

to obtain the qualification score required in 12 NCAC 10B .2104.

(b)  Failure to qualify within the time period allowed in 12

NCAC 10B .2105(a) shall result in the summary suspension of the deputy

sheriff's or detention officer's certification by the Commission.

(c)  No deputy sheriff or detention officer summarily

suspended under Paragraph (b) of this Rule and in compliance with 12 NCAC 10B

.0206(a)(3) may work as a certified justice officer until:

(1)           the sheriff forwards to the Commission

documentary evidence verifying that the officer has complied with the

requirements of 12 NCAC 10B .2103 and .2104; and

(2)           the deputy sheriff or detention officer and

the sheriff receive from the Commission documentation that the Commission has

terminated the suspension and reinstated the certification to the deputy

sheriff or detention officer.

(d)  Any deputy sheriff or detention officer previously

unauthorized to carry a weapon but whose status changed to "authorized to

carry a weapon," must comply with the provisions set out in 12 NCAC 10B

.2103 and .2104; and may not carry a firearm until:

(1)           the sheriff forwards to the Commission

documentary evidence verifying that the officer has complied with the

requirements of 12 NCAC 10B .2103 and .2104; and

(2)           the deputy sheriff or detention officer and

the sheriff receive from the Commission documentation that the Commission has

amended the officer's status to "authorized to carry a weapon" and

all certification files reflect the same.

 

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. March 1, 1995; January 1, 1995; January 1,

1993; January 1, 1990;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. August 1, 1998.