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Repealed Eff.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.