reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 74C - Private Protective Services › Article 1 - Private Protective Services Board. › § 74C-13.1 - Exemption from firearms training requirements.

§ 74C-13.1. Exemption from firearms training requirements.
(a) The following persons shall be exempt from the firearms training requirements of G.S. 74C-13:
(1) Any person who has successfully completed the North Carolina Basic Law Enforcement Training (BLET) and the first year of probationary employment.
(2) Persons who have retired or separated in good standing within three years preceding the date of application, including by years of service or medical disability, as a sworn law enforcement officer from a federal, state, county, or municipal law enforcement agency that included in their duty the use and qualification of a firearm.
(3) Military personnel who have been honorably discharged within three years preceding the date of application, and whose military occupational specialty included Military Police or Criminal Investigative Division (CID) within three years preceding the date of application.
(4) Employees of a nuclear power plant that are required to comply with 10 C.F.R. § 73.55 Appendix B, "Training and Qualification of Security Personnel," as supplemented by the United States Nuclear Regulatory Commission Regulatory Guide 5.75.
(b) An applicant claiming an exemption contained in subsection (a) of this section must provide the Board the following documentation, as appropriate:
(1) A copy of a North Carolina BLET training certificate and a letter from the applicant's department that verifies the probationary employment period of the applicant has been completed.
(2) Retirement documentation from within the preceding three years that verifies the applicant's previous sworn status, or the card issued by the North Carolina Criminal Justice Training & Standards Division that authorizes concealed carry under the United States Law Enforcement Officers' Safety Act of 2004.
(3) Documentation from a United States Department of Defense Form DD-214, Form DD-215, or Form NGB-22 noting a Military Police or CID military occupational specialty.
(4) Retirement or separation from employment documentation from a federal law enforcement agency with a United States Office of Personnel Management job series of 1811.
(5) Documentation of current and direct employment with a nuclear power plant located in this State.
(c) The Board shall deny the exemption claimed by the applicant if the applicant fails to provide the documentation, as appropriate, as described in subsection (b) of this section.
(d) The applicant must qualify within the first three attempts on the required firearm qualification course when applying for an exemption under this section. If the applicant fails to qualify on the firearm training course, the applicant shall be required to undergo the entire 20-hour course of instruction.
(e) When utilizing this exemption, the applicant must complete the legal block of instruction required by G.S. 74C-13(h)(1) and the Board's administrative rules. (2022-66, s. 1.)
2023 North Carolina General Statutes › Chapter 74C - Private Protective Services › Article 1 - Private Protective Services Board. › § 74C-15 - Pocket identification cards issued to licensees and trainees.

§ 74C-15. Pocket identification cards issued to licensees and trainees.
(a) Upon the issuance of a license or trainee permit, a pocket identification card of design, size, and content approved by the Board shall be issued by the Board without charge to each licensee or trainee. The holder must have this card in his or her possession at all times when he or she is on duty and working within the scope of his or her employment. When a licensee or trainee to whom a card has been issued terminates his or her position as a licensee or trainee, the card must be surrendered to the Director of the Board within 10 working days thereafter.
(b) Repealed by Session Laws 1989, c. 759, s. 12. (1979, c. 818, s. 2; 1989, c. 759, s. 12; 2001-487, s. 64(i); 2022-66, s. 1.)
2023 North Carolina General Statutes › Chapter 74C - Private Protective Services › Article 1 - Private Protective Services Board. › § 74C-16 - Prohibited acts.

§ 74C-16. Prohibited acts.
(a), (b) Repealed by Session Laws 1989, c. 759, s. 13.
(c) It shall be unlawful for anyone not licensed or registered as required under this Chapter to:
(1) Advertise or to hold himself out to be a licensee;
(2) Advertise or to hold himself out to perform services for which a license is required when, in fact, the individual is not licensed or registered in accordance with this Chapter.
(3) Repealed by Session Laws 1989, c. 759, s. 13.
(d) to (f) Repealed by Session Laws 1989, c. 759, s. 13. (1979, c. 818, s. 2; 1983, c. 794, s. 5; 1987, c. 657, ss. 7, 8; 1989, c. 759, s. 13.)
2023 North Carolina General Statutes › Chapter 74C - Private Protective Services › Article 1 - Private Protective Services Board. › § 74C-17 - Enforcement.

§ 74C-17. Enforcement.
(a) The Board may apply in its own name to any judge of the superior court of the General Court of Justice for an injunction in order to prevent any violation or threatened violation of the provisions of this Chapter.
(b) Any person, firm, association, or corporation or their agents and employees violating any of the provisions of this Chapter is guilty of a Class 1 misdemeanor. The Attorney General, or the Attorney General's representative, has concurrent jurisdiction with the district attorneys of this State to prosecute violations of this Chapter.
(c) In lieu of revocation or suspension of a license or permit under G.S. 74C-12, a civil penalty of not more than two thousand dollars ($2,000) per violation may be assessed by the Board against any person or business who violates any provision of this Chapter or any rule of the Board adopted pursuant to this Chapter. In determining the amount of any penalty, the Board shall consider the degree and extent of harm caused by the violation. The clear proceeds of civil penalties provided for in this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(d) Proceedings for the assessment of civil penalties under this section are governed by Chapter 150B of the General Statutes. If the person assessed a civil penalty fails to pay the penalty to the Board, the Board may institute an action in the superior court of the county in which the person resides or has a principal place of business to recover the unpaid amount of the penalty. An action to recover a civil penalty under this section does not relieve any party from any other penalty prescribed by law. (1979, c. 818, s. 2; 1983, c. 794, s. 6; 1989, c. 759, s. 14; 1993, c. 539, s. 557; 1994, Ex. Sess., c. 24, s. 14(c); 1998-215, s. 98; 2021-84, s. 3; 2022-66, s. 1.)
2023 North Carolina General Statutes › Chapter 74C - Private Protective Services › Article 1 - Private Protective Services Board. › § 74C-18 - Reciprocity; temporary permit.

§ 74C-18. Reciprocity; temporary permit.
(a) To the extent that other states which provide for licensing of any private protective services profession provide for similar action for citizens of this State, the Board, in its discretion, may grant a private protective services license to a nonresident who holds a valid private protective services license of the same type from another state upon satisfactory proof furnished to the Board that the standards of licensure in such other states are at least substantially equivalent to those prevailing in this State. Applicants shall make application to the Board on the form prescribed by the Board for all applicants, shall comply with the provisions of G.S. 74C-10, and shall pay the fees required of all applicants.
(b) The Director, in his or her discretion and subject to the approval of the Board, may issue a temporary permit to a nonresident who has complied with the provisions of G.S. 74C-10 and who is validly licensed in another state to engage in a private protective service activity incidental to a specific case originating in another state. A temporary permit may be issued for a period of no more than 30 days and may be renewed. A temporary permit may contain restrictions which the Board, in its discretion, deems appropriate. (1979, c. 818, s. 2; 1983, c. 67, s. 4; 1989, c. 759, s. 15; 2001-487, s. 64(j); 2022-66, s. 1.)
2023 North Carolina General Statutes › Chapter 74C - Private Protective Services › Article 1 - Private Protective Services Board. › § 74C-19 - Severability.

§ 74C-19. Severability.
If any provision of this Chapter or the application thereof to any person or circumstance is for any reason held invalid, such invalidity shall not affect other provisions or applications of the Article which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. (1979, c. 818, s. 2.)
2023 North Carolina General Statutes › Chapter 74C - Private Protective Services › Article 1 - Private Protective Services Board. › § 74C-21 - Law enforcement officer provisions.

§ 74C-21. Law enforcement officer provisions.
(a) No law enforcement officer of the United States, this State, any other state, or any political subdivision of a state shall be licensed as a private detective or security guard and patrol licensee under this Chapter.
(b) An off-duty law enforcement officer may be employed during his or her off-duty hours by a licensed security guard and patrol company on an employer-employee basis. An off-duty law enforcement officer shall not wear his police officer's uniform or use the police equipment while working for a security guard and patrol company.
(c) A law enforcement officer may provide security guard and patrol services on an individual employer-employee basis to a person, firm, association, or corporation that is not engaged in a security guard and patrol profession. (1989, c. 759, s. 16; 2022-66, s. 1.)
2023 North Carolina General Statutes › Chapter 74C - Private Protective Services › Article 1 - Private Protective Services Board. › § 74C-22 - Continuing education.

§ 74C-22. Continuing education.
The Board may require individuals holding a license, registration, certificate, or permit to complete continuing education courses approved by the Board before renewal. The Board shall establish, by rule, the number of hours of continuing education necessary for renewal and any other requirements for completion of continuing education courses. The Board shall have the authority to approve continuing education courses and shall consider the continuing education course criteria, including the course curriculum, the qualifications of the instructor, the potential benefit to the industry, and any other criteria the Board deems appropriate. (2007-511, s. 9.)
2023 North Carolina General Statutes › Chapter 74C - Private Protective Services › Article 1 - Private Protective Services Board. › § 74C-23 - Acquisition or change of ownership or control of licensed firm, association, or corporation.

§ 74C-23. Acquisition or change of ownership or control of licensed firm, association, or corporation.
In the event a company, firm, or corporation licensed under this Chapter transfers ownership, control, or a majority of assets to another person, firm, association, or corporation, the person, firm, association, or corporation acquiring control or ownership shall have the following responsibilities:
(1) Notify the Director of the acquisition or change of ownership or control by registered mail within five business days from the date of the transaction.
(2) Describe the transaction that has occurred by providing the following information:
a. The name and address of the registered agent of the party acquiring control or ownership or otherwise succeeding the licensee.
b. The name and address of the acquiring party, including each individual owner of any interest in the party or, if the party is a corporation, the name and address of each officer of the corporation and member of the board of directors.
c. Any change in location of any branch office.
d. Any change in insurance or bonding limits.
(3) Return to the Director all licenses held by the licensee within five business days from the date of the transaction if the acquiring party does not continue to operate the business under its previous name and license.
(4) Provide to the Director no later than 10 calendar days prior to the effective date of the transaction a list of all registrants or licensees affected by the transaction.
(5) Provide to the Director within 60 calendar days from the effective date of the transaction written confirmation of completion of any changes necessary for the acquiring party to comply with the requirements of this Chapter or any applicable rules adopted by the Board on a form approved by the Director. (2009-328, s. 12; 2022-66, s. 1.)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-2.1 - Criminal background checks.

§ 74D-2.1. Criminal background checks.
(a) Authorization. – Upon receipt of an application for a license or registration, the Board shall conduct a background investigation to determine whether the applicant meets the requirements for a license or registration as set out in G.S. 74D-2(d). The Department of Public Safety may provide a criminal record check to the Board for a person who has applied for a new or renewal license or registration through the Board. The Board shall provide to the Department of Public Safety, along with the request, the fingerprints of a new applicant, and the Department of Public Safety shall provide a criminal record check based upon the applicant's fingerprints. The Board may request a criminal record check from the Department of Public Safety for a renewal applicant based upon the applicant's fingerprints in accordance with policy adopted by the Board. The Board shall provide any additional information required by the Department of Public Safety and a form signed by the applicant consenting to the check of the criminal record and to the use of the fingerprints and other identifying information required by the State or national repositories. The applicant's fingerprints shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of the fingerprints to the Federal Bureau of Investigation for a national criminal history check. The Department of Public Safety may charge each applicant a fee for conducting the checks of criminal history records authorized by this subsection.
The Board may require a new or renewal applicant to obtain a criminal record report from one or more reporting services designated by the Board to provide criminal record reports. Applicants are required to pay the designated reporting service for the cost of these reports.
(b) Confidentiality. – The Board shall keep all information obtained pursuant to this section confidential in accordance with applicable State law and federal guidelines, and the information shall not be a public record under Chapter 132 of the General Statutes. (2009-328, s. 16; 2014-100, s. 17.1(o).)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-3 - Exemptions.

§ 74D-3. Exemptions.
The provisions of this Chapter shall not apply to:
(1) A person, firm, association or corporation that sells or manufactures alarm systems, unless the person, firm, association or corporation makes personal solicitations at a residence or business to advise, design, or consult on specific types and specific locations of alarm system devices, installs, services, monitors, or responds to alarm systems at or from a protected premises or a premises to be protected and thereby obtains knowledge of specific application or location of the alarm system. A person licensed under this Chapter may hire a consultant to troubleshoot a location or installation for a period of time not to exceed 48 hours in a one-month period if the licensee submits a report to the Board within 30 days from the date of the consultation designating the consultant as a temporary consultant;
(2) Installation, servicing or responding to fire alarm systems or any alarm device which is installed in a motor vehicle, aircraft or boat;
(3) Installation of an alarm system on property owned by or leased to the installer;
(4) An alarm monitoring company located in another state which demonstrates to the Board's satisfaction that it does not conduct any business through a personal representative present in this State but which solicits and conducts business solely through interstate communication facilities such as telephone messages, earth satellite relay stations and the United States postal service; and
(5) A person or business providing alarm systems services to a State agency or local government if that person or business has been providing those services to the State agency or local government for more than five years prior to the effective date of this Chapter, and the State agency or local government joins with the person or business in requesting the application of this exemption. (1983, c. 786, s. 1; 1987, c. 11; 1989, c. 730, s. 2; 1991 (Reg. Sess., 1992), c. 953, s. 2; 2009-557, s. 2.)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-5 - Powers of the Board.

§ 74D-5. Powers of the Board.
(a) In addition to the powers conferred upon the Board elsewhere in this Chapter, the Board shall have the power to:
(1) Promulgate rules necessary to carry out and administer the provisions of this Chapter including the authority to require the submission of reports and information by licensees under this Chapter;
(2) Determine minimum qualifications and establish minimum education, experience, and training standards for applicants and licensees under this Chapter;
(3) Conduct investigations regarding alleged violations and make evaluations as may be necessary to determine if licensees and registrants under this Chapter are complying with the provisions of this Chapter;
(4) Adopt and amend bylaws, consistent with law, for its internal management and control;
(5) Investigate and approve individual applicants to be licensed or registered according this Chapter;
(6) Deny, suspend, or revoke any license issued or to be issued under this Chapter to any applicant or licensee who fails to satisfy the requirements of this Chapter or the rules established by the Board. The denial, suspension, or revocation of such license shall be in accordance with Chapter 150B of this General Statutes of North Carolina;
(7) Issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records, and documents. The district court shall have the power to impose punishment pursuant to G.S. 5A-21 et seq. for acts occurring in matters pending before the Board which would constitute civil contempt if the acts occurred in an action pending in court; and
(8) Contract for services as necessary to carry out the functions of the Board.
(b) The chairman of the Board or his representative designated to be a hearing officer may conduct any hearing called by the board for the purpose of denial, suspension, or revocation of a license or registration under this Chapter. (1983, c. 786, s. 1; 1987, c. 827, s. 1; 1999-456, s. 21.)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-5.1 - Position of Director created.

§ 74D-5.1. Position of Director created.
The position of Director of the Alarm Systems Licensing Board is hereby created within the Department of Public Safety. The Secretary of Public Safety shall appoint a person to fill this full-time position. The Director's duties shall be to administer the directives contained in this Chapter and the rules promulgated by the Board to implement this Chapter and to carry out the administrative duties incident to the functioning of the Board in order to actively police the alarm systems industry to insure compliance with the law in all aspects. The Director may issue a temporary grant or denial of a request for registration subject to final action by the Board at its next regularly scheduled meeting. (1985, c. 561, s. 3; 1991 (Reg. Sess., 1992), c. 953, s. 4; 1999-456, s. 22; 2001-487, s. 65(a); 2014-100, s. 17.5(f).)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-5.2 - Investigative powers of the Secretary of Public Safety.

§ 74D-5.2. Investigative powers of the Secretary of Public Safety.
The Secretary of Public Safety shall have the power to investigate or cause to be investigated any complaints, allegations, or suspicions of wrongdoing or violations of this Chapter involving individuals licensed, or to be licensed, under this Chapter. Any investigation conducted pursuant to this section is deemed confidential and is not subject to review under G.S. 132-1 until the investigation is complete and a report is presented to the Board. However, the report may be released to the licensee after the investigation is complete but before the report is presented to the Board. (1985, c. 561, s. 5; 2009-557, s. 3; 2014-100, s. 17.5(g).)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-6 - Denial of a license or registration.

§ 74D-6. Denial of a license or registration.
Upon a finding that the applicant meets the requirements for licensure or registration under this Chapter, the Board shall determine whether the applicant shall receive the license or registration applied for. The grounds for denial include:
(1) Commission of some act which, if committed by a registrant or licensee, would be grounds for the suspension or revocation of a registration or license under this Chapter;
(2) Conviction of a crime involving fraud;
(3) Lack of good moral character or temperate habits. The following shall be prima facie evidence that the applicant does not have good moral character or temperate habits: conviction by any local, State, federal, or military court of any crime involving the illegal use, carrying, or possession of a firearm; conviction of any crime involving the illegal use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, narcotic, or alcoholic beverages; conviction of a crime involving felonious assault or an act of violence; conviction of a crime involving unlawful breaking or entering, burglary or larceny or of any offense involving moral turpitude; or a history of addiction to alcohol or a narcotic drug; provided that, for purposes of this subsection "conviction" means and includes the entry of a plea of guilty, plea of no contest, or a verdict rendered in open court by a judge or jury;
(4) Previous denial under this Chapter or previous revocation for cause;
(5) Knowingly making any false statement or misrepresentation in an application made to the Board for a license or registration. (1983, c. 786, s. 1; 1985, c. 561, s. 2; 1991 (Reg. Sess., 1992), c. 953, s. 5.)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-8 - Registration of persons employed.

§ 74D-8. Registration of persons employed.
(a) (1) A licensee of an alarm systems business shall register with the Board within 30 days after the employment begins, all of the following employees that are within the State, unless in the discretion of the Director, the time period is extended for good cause:
a. Any employee that has access to confidential information detailing the design, installation, or application of any location specific electronic security system or that has access to any code, number, or program that would allow the system to be modified, altered, or circumvented.
b. Any employee who installs or services an electronic security system in a commercial business establishment or a personal residence.
Employees engaged only in sales or marketing that does not involve any of the above are not required to be registered.
(1a) To register an employee, a licensee shall submit to the Board as to the employee: set(s) of classifiable fingerprints on standard F.B.I. applicant cards; recent color photograph(s) of acceptable quality for identification; and statements of any criminal records as deemed appropriate by the Board.
(2) Except during the period allowed for registration in subdivision (a)(1) of this section, no alarm systems business may employ any employee unless the employee's registration has been approved by the Board as set forth in this section.
(b) The Director shall be notified in writing of the termination of any employee registered under this Chapter within 20 days after the termination.
(c) The Board shall issue a registration card to each employee of a licensee who is registered under this Chapter. The registration card shall expire two years after its date of issuance and shall be renewed before the expiration of the term of the registration. If a registered person changes employment to another licensee, the registration card may remain valid; however, persons changing employment must pay the fee authorized by G.S. 74D-7(e)(5).
(d) If all required documents, properly completed, have been submitted to the Board no later than 20 days after an employee begins employment, the employer of each applicant for registration shall give the applicant a copy of the complete application which the employee can use until a registration card issued by the Board is received. (1983, c. 786, s. 1; 1985, c. 561, s. 6; 1989, c. 730, s. 5; 1991 (Reg. Sess., 1992), c. 953, s. 7; 2001-487, s. 65(c); 2009-557, s. 5; 2017-211, s. 5(b); 2018-114, s. 6.)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-8.1 - Apprenticeship registration permit.

§ 74D-8.1. Apprenticeship registration permit.
(a) The Board may issue an apprenticeship registration permit to an applicant who is 16 or 17 years old and currently enrolled in high school if the applicant holds a valid drivers license and submits at least three letters of recommendation stating that the applicant is of good moral character as provided in G.S. 74D-2(d)(2). The letters of recommendation shall be from persons who are not related to the individual, and at least one of the letters shall be from an official at the school where the applicant is currently enrolled.
(b) There shall be no fee for an apprenticeship registration permit, and the permit shall expire when the holder attains the age of 18 years. The denial, suspension, or revocation of an apprenticeship registration permit shall be in accordance with the provisions of Chapter 150B of the General Statutes.
(c) The applicant shall not perform services as authorized under this Chapter until after the Board has reviewed his or her application and issued him or her an apprenticeship registration permit. The holder of an apprenticeship registration permit shall be accompanied by a licensee or registered employee while engaged in activities authorized under this Chapter. (1999-446, s. 3.)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-9 - Certificate of liability insurance required; form and approval; suspension for noncompliance.

§ 74D-9. Certificate of liability insurance required; form and approval; suspension for noncompliance.
(a) to (c) Repealed by Session Laws 1985, c. 561, s. 8.
(d) No license shall be issued under this act unless the applicant files with the Board evidence of a policy of liability insurance which policy must provide for the following minimum coverage: fifty thousand dollars ($50,000) because of bodily injury or death of one person as a result of the negligent act or acts of the principal insured or his agents operating in the course and scope of his employment; subject to said limit for one person, one hundred thousand dollars ($100,000) because of bodily injury or death of two or more persons as the result of the negligent act or acts of the principal insured or his agent operating in the course and scope of his or her agency; twenty thousand dollars ($20,000) because of injury to or destruction of property of others as the result of the negligent act or acts of the principal insured or his agents operating in the course and scope of his or her agency.
(e) An insurance carrier shall have the right to cancel such policy of liability insurance upon giving written notice to the Board within a reasonable time before the effective date of the cancellation. Provided, however, that such cancellation shall not affect any liability on the policy which accrued prior thereto. The policy of liability shall be approved by the Board as to form, execution, and terms thereon.
(f) Every licensee shall at all times maintain on file with the Board a certificate of insurance required by this Chapter in full force and effect and upon failure to do so, the license of such licensee shall be automatically suspended and shall not be reinstated until an application therefor, in the form prescribed by the Board, is filed together with a proper insurance certificate. (1983, c. 786, s. 1; 1985, c. 561, s. 8; 1989, c. 730, s. 6; 1991 (Reg. Sess., 1992), c. 953, s. 8.)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-11 - Enforcement.

§ 74D-11. Enforcement.
(a) The Board may apply in its own name to any judge of the Superior Court of the General Court of Justice for an injunction in order to prevent any violation or threatened violation of the provisions of this Chapter.
(b) Any person, firm, association, corporation, or department or division of a firm, association, or corporation or their agents and employees violating any of the provisions of this Chapter is guilty of a Class 1 misdemeanor. The Attorney General, or the Attorney General's representative, has concurrent jurisdiction with the district attorneys of this State to prosecute violations of this Chapter.
(c) The regulation of alarm systems businesses is exclusive to the Board; however, any city or county may require an alarm systems business operating within its jurisdiction to register and to supply information regarding its license and may adopt an ordinance to require users of alarm systems to obtain revocable permits when alarm usage involves automatic signal transmission to a law-enforcement agency.
(d) In lieu of revocation of suspension of a license or registration under G.S. 74D-10, a civil penalty of not more than two thousand dollars ($2,000) may be assessed by the Board against any person that violates any provision of this Chapter or any rule of the Board adopted pursuant to this Chapter. In determining the amount of any penalty, the Board shall consider the degree and extent of harm caused by the violation. The clear proceeds of all penalties collected under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(e) Proceedings for the assessment of civil penalties are governed by Chapter 150B of the General Statutes. If the person assessed a penalty fails to pay the penalty to the Board, the Board may institute an action in the superior court of the county in which the person resides or has a principal place of business to recover the unpaid amount of the penalty. An action to recover a civil penalty under this section does not relieve any party from any other penalty prescribed by law.
(f) The sale, installation, or service of an alarm system by an unlicensed or unregistered person constitutes a threat to the public safety, and any contract for the sale, installation, or service of an alarm system is void and unenforceable. (1983, c. 786, s. 1; 1989, c. 730, s. 8; 1991 (Reg. Sess., 1992), c. 953, s. 10; 1993, c. 539, s. 558; 1994, Ex. Sess., c. 24, s. 14(c); 1998-215, s. 127; 2009-557, s. 7; 2021-84, s. 4.)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-12 - Severability.

§ 74D-12. Severability.
If any provision of this Chapter or the application thereof to any person or circumstance is for any reason held invalid, such invalidity shall not affect other provisions or applications of the Article which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. (1983, c. 786, s. 1.)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-13 - Transfer of funds.

§ 74D-13. Transfer of funds.
All fees collected pursuant to Chapter 74C of the General Statutes from alarm systems businesses which have not been expended upon January 1, 1984, shall be transferred to the Board by the Private Protective Services Board for the purpose of defraying the expenses of administering this act. (1983, c. 786, s. 1.)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 1 - Alarm Systems Licensing Act. › § 74D-14 - Proof of licensure to maintain or commence action.

§ 74D-14. Proof of licensure to maintain or commence action.
An alarm systems business may not maintain any action in any court of the State for the collection of compensation for performing an act for which a license or registration is required by this Chapter without alleging and proving that the alarm systems business is appropriately licensed and the employee or agent of the alarm systems business is appropriately registered upon entering into a contract with the consumer. An alarm systems installation, maintenance, or monitoring contract entered into with a consumer shall be void if the consumer confirms through records maintained by the Board that the alarm systems business is not properly licensed or the consumer establishes through records maintained by the Board that the person enticing the consumer to enter into the contract is not properly registered by the Board. The sale, installation, or service of an alarm system by an unlicensed or unregistered employee shall be deemed an unfair and deceptive trade practice and shall be actionable under Chapter 75 of the General Statutes. (2009-557, s. 8.)
2023 North Carolina General Statutes › Chapter 74D - Alarm Systems › Article 2 - Alarm Systems Education Fund. › § 74D-30 - Alarm Systems Education Fund created; payment to Fund; management; use of funds.

§ 74D-30. Alarm Systems Education Fund created; payment to Fund; management; use of funds.
(a) There is hereby created and established a special fund to be known as the "Alarm Systems Education Fund" (hereinafter Fund) which shall be set aside and maintained in the office of the State Treasurer. The Fund shall be used in the manner provided in this Article for the education of licensees and registrants.
(b) Repealed by Session Laws 2009-557, s. 10, effective October 1, 2009, and applicable to licenses or registrations issued or renewed on or after that date.
(c) In addition to the fees provided for elsewhere in this Chapter, the Board shall charge the following fees which shall be deposited into the Fund:
(1) On July 1, 1985, the Board shall charge every licensee on that date a fee of fifty dollars ($50.00);
(2) The Board shall charge each new applicant for a license fifty dollars ($50.00), provided that for purposes of this Article a new applicant is hereby defined as an applicant who did not possess a license on July 1, 1985; and
(3) The Board is authorized to charge each licensee an additional amount, not to exceed fifty dollars ($50.00), on July 1 of any year in which the balance of the Fund is less than twenty-five thousand dollars ($25,000).
(d) The State Treasurer shall invest and reinvest the moneys in the Fund in a manner provided by law. The Board in its discretion, may use the Fund for any of the following purposes:
(1) To advance education and research in the alarm systems field for the benefit of those licensed under the provisions of this Chapter and for the improvement of the industry,
(2) To underwrite educational seminars, training centers and other educational projects for the use and benefit generally of licensees, and
(3) To sponsor, contract for and to underwrite any and all additional educational training and research projects of a similar nature having to do with the advancement of the alarm systems field in North Carolina. (1985, c. 561, s. 7; 2009-557, s. 10.)
2023 North Carolina General Statutes › Chapter 74E - Company Police Act › § 74E-2 - Policy and scope.

§ 74E-2. Policy and scope.
(a) The purpose of this Chapter is to ensure a minimum level of integrity, proficiency, and competence among company police agencies and company police officers. To achieve this purpose, the General Assembly finds that a Company Police Program needs to be established. As part of the Company Police Program, the Attorney General is given the authority to certify an agency as a company police agency and to commission an individual as a company police officer.
(b) A hospital, a State institution, or a corporation engaged in providing on-site police security personnel services for persons or property may apply to the Attorney General to be certified as a company police agency. A company police agency may apply to the Attorney General to commission an individual designated by the agency to act as a company police officer for the agency. (1991 (Reg. Sess., 1992), c. 1043, s. 1; 2005-231, s. 2.)
2023 North Carolina General Statutes › Chapter 74E - Company Police Act › § 74E-3 - Liability insurance policy or certificate of self-insurance required; suspension of company police agency certification for failure to comply.

§ 74E-3. Liability insurance policy or certificate of self-insurance required; suspension of company police agency certification for failure to comply.
(a) An applicant for certification as a company police agency must file with the Attorney General either a copy of a liability insurance policy that meets the requirements of this section or a certificate of self-insurance designating assets sufficient to satisfy the coverage requirements of this section if the applicant is a nonpublic entity. The policy or certificate of self-insurance must provide not less than one million dollars ($1,000,000) of coverage per incident for personal injury or property damage resulting from a negligent act of the applicant or an agent or employee of the applicant operating in the course and scope of employment or under color of law. The form, execution, and terms of a liability insurance policy must meet the requirements of the Attorney General.
(b) An insurance carrier that issues a liability insurance policy required by this section may cancel the policy upon giving 30 days' written notice to both the company police agency and the Attorney General. The written notice must be given by certified mail, return receipt requested. Cancellation of a liability insurance policy does not affect any liability on the policy that accrued prior to the effective cancellation date.
(c) A company police agency that is a nonpublic entity must maintain the liability insurance policy or certificate of self-insurance required by this section in effect at all times. The Attorney General shall suspend the certification of a company police agency that fails to maintain a liability insurance policy or certificate of self-insurance when required to do so by this section. A certification suspended for this reason may not be reinstated until the person whose certification was suspended files with the Attorney General an application for reinstatement and either the required liability insurance policy or certificate of self-insurance. (1991 (Reg. Sess., 1992), c. 1043, s. 1.)
2023 North Carolina General Statutes › Chapter 74E - Company Police Act › § 74E-4 - Powers of Attorney General.

§ 74E-4. Powers of Attorney General.
The Attorney General has the following powers in addition to those conferred elsewhere in this Chapter:
(1) To establish minimum education, experience, and training standards and establish and require written or oral examinations for an applicant for certification as a company police agency, a certified company police agency, an applicant for commission as a company police officer, or a commissioned company police officer.
(2) To require a company police agency or a company police officer to submit reports or other information.
(3) To inspect records maintained by a company police agency.
(4) To conduct investigations regarding alleged violations of this Chapter or a rule adopted under this Chapter and to make evaluations as may be necessary to determine if a company police agency or a company police officer is complying with this Chapter or a rule adopted under this Chapter.
(5) To deny, suspend, or revoke a certification as a company police agency or a commission as a company police officer for failure to meet the requirements of or comply with this Chapter or a rule adopted under this Chapter, in accordance with Article 3 of Chapter 150B of the General Statutes.
(6) To appear in the name of the Company Police Program and apply to the courts having jurisdiction for injunctions to prevent a violation of this Chapter or a rule adopted under this Chapter.
(7) To delegate the authority to administer this Chapter.
(8) To require that the Criminal Justice Standards Division provide administrative support staff for the Company Police Program.
(9) To adopt rules needed to implement this Chapter, in accordance with Chapter 150B of the General Statutes.
(10) To monitor compliance with G.S. 20-185.1(d). (1871-2, c. 138, ss. 51, 52; Code, ss. 1988, 1989; Rev., ss. 2605, 2606; 1907, c. 128, s. 1; C.S., s. 3484; 1923, c. 23; 1933, c. 61; 1943, c. 676, ss. 1, 4; 1947, c. 390; 1963, c. 1165, s. 2; 1965, cc. 297, 581; 1977, c. 148, s. 4; 1991 (Reg. Sess., 1992), c. 1043, s. 1; 2018-5, s. 35.25(f).)
2023 North Carolina General Statutes › Chapter 74E - Company Police Act › § 74E-5 - Records.

§ 74E-5. Records.
(a) The Attorney General is the legal custodian of all books, papers, documents, or other records and property of the Company Police Program.
(b) Any papers, documents, or other records that become the property of the Company Police Program and are placed in a company police officer's personnel file maintained by the Attorney General are subject to the same restrictions concerning disclosure as set forth in Chapters 126, 153A, and 160A of the General Statutes for other personnel records.
(c) Notwithstanding the provisions of subsection (b), the Attorney General may disclose the contents of any records maintained under the authority of this Chapter to the Criminal Justice Education and Training Standards Commission, the Sheriff's Education and Training Standards Commission, or any other criminal justice agency for certification or employment purposes. (1991 (Reg. Sess., 1992), c. 1043, s. 1.)
2023 North Carolina General Statutes › Chapter 74E - Company Police Act › § 74E-7 - Badges, uniforms, weapons, and vehicles.

§ 74E-7. Badges, uniforms, weapons, and vehicles.
Company police agencies shall be responsible for ensuring that all employees, whether or not commissioned, comply with the provisions of this Chapter and the rules adopted under this Chapter, including those provisions pertaining to the wearing of badges and uniforms, the carrying of weapons, and the operation of vehicles. (1871-2, c. 138, s. 54; Code, s. 1991; Rev., s. 2608; C.S., s. 3486; 1963, c. 1165, s. 2; 1991 (Reg. Sess., 1992), c. 1043, s. 1.)
2023 North Carolina General Statutes › Chapter 74E - Company Police Act › § 74E-8 - Minimum standards for company police officers.

§ 74E-8. Minimum standards for company police officers.
Applicants for commission as a company police officer and a commissioned company police officer must meet and maintain the same minimum preemployment and in-service standards as are required for State law enforcement officers by the North Carolina Criminal Justice Education and Training Standards Commission, and must meet and maintain any other preemployment and in-service requirements set by the Attorney General. (1991 (Reg. Sess., 1992), c. 1043, s. 1.)
2023 North Carolina General Statutes › Chapter 74E - Company Police Act › § 74E-9 - Compensation of company police officers.

§ 74E-9. Compensation of company police officers.
The compensation of a company police officer shall be paid by the company police agency for which the officer is commissioned, as may be agreed on between them. (1871-2, c. 138, s. 55; Code, s. 1992; Rev., s. 2609; C.S., s. 3487; 1963, c. 1165, s. 2; 1991 (Reg. Sess., 1992), c. 1043, s. 1.)
2023 North Carolina General Statutes › Chapter 74E - Company Police Act › § 74E-10 - Expiration, renewal, and termination of agency certification or officer commission.

§ 74E-10. Expiration, renewal, and termination of agency certification or officer commission.
(a) Agency. – Unless sooner suspended or revoked by the Attorney General, a company police agency's certification expires on June 30 following the date it is issued. A company police agency may renew the certification upon payment of the appropriate fee and compliance with this Chapter and the rules adopted under this Chapter. An entity whose company police agency's certification was denied or revoked for a violation of this Chapter or a rule adopted under this Chapter is not eligible to apply again for that certification for three years.
(b) Officer. – Unless sooner suspended or revoked by the Attorney General, a company police officer's commission expires on June 30 following the date it is issued. A company police officer may renew a commission upon payment of the appropriate fee and compliance with this Chapter and the rules adopted under this Chapter. The Attorney General shall immediately revoke the commission of a company police officer when any of the following occurs:
(1) Termination of employment with the company police agency for which the officer is commissioned.
(2) Termination, suspension, or revocation of the certification of the company police agency for which the officer is commissioned.
(3) Failure to meet in-service training requirements as required by this Chapter or the rules adopted under this Chapter.
(4) Violation of this Chapter or a rule adopted under this Chapter.
An individual whose company police officer's commission was denied or revoked for a violation of this Chapter or a rule adopted under this Chapter is not eligible to apply again for a commission for three years. (1871-2, c. 138, s. 56; Code, s. 1993; Rev., s. 2610; C.S., s. 3488; 1943, c. 676, s. 3; 1959, c. 124, s. 2; 1963, c. 1165, s. 2; 1977, c. 148, s. 5; 1991 (Reg. Sess., 1992), c. 1043, s. 1.)
2023 North Carolina General Statutes › Chapter 74E - Company Police Act › § 74E-11 - Immunity.

§ 74E-11. Immunity.
Neither the Attorney General nor any of the Attorney General's employees may be held criminally or civilly liable for any acts or omissions in carrying out the provisions of this Chapter or for the acts or omissions of agencies or officers certified or commissioned under this Chapter. (1991 (Reg. Sess., 1992), c. 1043, s. 1.)
2023 North Carolina General Statutes › Chapter 74E - Company Police Act › § 74E-12 - Fees.

§ 74E-12. Fees.
The Attorney General may charge fees for the items listed in the following table, not to exceed the amounts listed in the table:
Item Maximum Fee
Application for certification as $250
a company police agency
Annual renewal of certification $200
as a company police agency
Application for reinstatement of $1,000
certification as a company
police agency
Application for commission as a $100
company police officer
Annual renewal of commission as $50
a company police officer
Application for reinstatement of $150
commission as a company police
officer
The fees imposed under this section are not refundable. Fees collected under this section shall be applied to the cost of administering this Chapter. (1991 (Reg. Sess., 1992), c. 1043, s. 1.)