reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter B - N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Section .2000 - IN SERVICE TRAINING FOR JUSTICE OFFICERS › Section 10B .2006 - IN-SERVICE TRAINING PROGRAM SPECIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(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(7) 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(7) 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.
Authority
					 G.S.
					 17E-4;
					 17E-7;
Eff. January
					 1, 2007;
Amended Eff. January 1, 2015; January 1, 2013; January 1,
					 2010;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Amended Eff.
					 February 1, 2023.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter B - N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Section .2000 - IN SERVICE TRAINING FOR JUSTICE OFFICERS › Section 10B .2007 - SHERIFF/AGENCY HEAD RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
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.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter B - N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Section .2000 - IN SERVICE TRAINING FOR JUSTICE OFFICERS › Section 10B .2008 - FAILURE TO COMPLETE IN-SERVICE TRAINING PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
Authority
					 G.S.
					 17E-4;
					 17E-7;
Eff. January
					 1, 2007;
Amended Eff. January 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter B - N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Section .2000 - IN SERVICE TRAINING FOR JUSTICE OFFICERS › Section 10B .2009 - TRAINING DELIVERY

Current through Register Vol. 39, No. 2, July 15, 2024
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;
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter B - N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Section .2100 - DEPUTY SHERIFF' AND DETENTION OFFICERS' FIREARMS IN SERVICE TRAINING REQUALIFICATION PROGRAM › Section 10B .2101 - SHERIFF RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
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
					 10B .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.
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;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter B - N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Section .2100 - DEPUTY SHERIFF' AND DETENTION OFFICERS' FIREARMS IN SERVICE TRAINING REQUALIFICATION PROGRAM › Section 10B .2102 - INSTRUCTORS

Current through Register Vol. 39, No. 2, July 15, 2024
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 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;
(3) The instructor shall deliver the training
				  consistent with the minimum specifications as established by
				  12 NCAC
				  10B .2103 and
				  10B .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).
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;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Amended Eff.
					 February 1, 2023.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter B - N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Section .2100 - DEPUTY SHERIFF' AND DETENTION OFFICERS' FIREARMS IN SERVICE TRAINING REQUALIFICATION PROGRAM › Section 10B .2103 - MINIMUM TRAINING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter B - N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Section .2100 - DEPUTY SHERIFF' AND DETENTION OFFICERS' FIREARMS IN SERVICE TRAINING REQUALIFICATION PROGRAM › Section 10B .2105 - FAILURE TO QUALIFY

Current through Register Vol. 39, No. 2, July 15, 2024
(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
				  10B .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.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The Alarm Systems Licensing Board is established within the
				North Carolina Department of Justice for the purpose of administering the
				licensing of and setting the educational and training requirements for persons,
				firms, associations and corporations engaged in providing alarm systems and
				services to citizens of North Carolina.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0102 - LOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
The administrative offices of the Alarm Systems Licensing Board
				are located at 4901 Glenwood Avenue, Suite 200, Raleigh, North Carolina 27612,
				telephone (919) 788-5320.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions under G.S. Chapter 74D, the
				following definitions shall apply throughout this Chapter:
(1) "Applicant" means any person, firm, or
			 corporation applying to the Board for a license or registration.
(2) "Board" means the Alarm Systems Licensing
			 Board established by G.S. Chapter 74D.
(3) "Branch Manager or Operator" means the
			 licensee endowed with the responsibility and liability for a branch
			 office.
(4) "Branch Office" means a
			 separate but dependent part of a central organization. The establishment of a
			 telephone number or mailing address in the company name constitutes prima facie
			 evidence of a branch office.
(5)
			 "Chairman" means the Chairman of the Alarm Systems Licensing Board.
(6) "Installs" means placing an alarm device
			 in a residential or commercial location and includes demonstrating the
			 utilization of an alarm system device for a specific location and function
			 within the protected premises and, with such knowledge of the alarm system
			 operation, delivering that device to the owner or operator of the protected
			 premises.
(7) "Licensee" means any
			 person licensed pursuant to G.S. Chapter 74D.
(8) "Responds" means receiving a monitored
			 alarm signal that indicates the existence of an unauthorized intrusion or
			 taking from the premises of a customer, and being required by contract to take
			 action upon receipt of that alarm signal.
(9) "Services" means inspecting, testing,
			 repairing or replacing an alarm system device within protected
			 premises.
(10) "Monitors" means
			 receiving a signal from protected premises or contracting with a person, firm
			 or corporation to provide accessible equipment and personnel to receive a
			 signal from an alarm device in a residential or commercial location and take
			 certain action in response.
(11)
			 "Qualifying Agent" means any person who meets the requirements of
			 G.S.
			 74D-2(c), provided that no
			 licensee may act as qualifying agent for more than one alarm systems business
			 without prior authorization of the Board.
(12) "Knowledge of Specific Applications"
			 means obtaining specific information about the premises which is protected or
			 is to be protected, such knowledge gained during an on-site visit. Conducting a
			 survey shall be prima facie evidence that knowledge of specific application has
			 been gained.
(13) "Employee" means
			 a person who has an agreement with a licensee to perform alarm systems business
			 activities under the direct supervision and control of the licensee, for whose
			 services any charges are determined imposed and collected by the licensee, and
			 for whose alarm systems business activities the licensee is legally
			 liable.
(14) "Agency Head" means
			 the Chairman of the Alarm Systems Licensing Board.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0104 - DISCIPLINARY ACTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board may
			 deny, suspend, or revoke a license or registration in accordance with G.S.
			 Chapter 74D and Title 12, NCAC, Chapter 11.
(b) The Board may issue a written reprimand
			 to a holder of a license or registration identification card when the Board
			 determines:
(1) the holder has violated any of
			 the provisions of 12 NCAC Chapter 11 or G.S. Chapter 74D that were applicable
			 to the holder;
(2) the violation
			 did not result in the physical injury of any person or property loss to any
			 person; and
(3) the holder
			 expresses an intention to or already has corrected the improper
			 activity.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0105 - PROHIBITED ACTS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the prohibited acts set forth elsewhere in this
				Subchapter and in Chapter 74D of the General Statutes, any applicant, licensee,
				or registrant who does any of the following shall have his or her application
				denied, or his or her license or registration revoked or suspended:
(1) Displays or causes or permits to be
			 displayed, or has in his or her possession any cancelled, revoked, suspended,
			 fictitious, fraudulently altered license or registration identification card,
			 or any document simulating a license or registration identification card or
			 purporting to be or to have been issued as a license or registration
			 identification card;
(2) Lends his
			 or her license or registration identification card to any person or allows the
			 use thereof by another;
(3)
			 Displays or represents any license or registration identification card not
			 issued to him or her as being his or her license or registration identification
			 card;
(4) Includes in any
			 advertisement a statement which implies official state authorized certification
			 or approval other than this statement: "Licensed by the Alarm Systems Licensing
			 Board of the State of North Carolina." Licensees may include their license
			 number.
(5) Includes in the company
			 name the word "police" or other law enforcement designation that implies that
			 the alarm company is affiliated with a local, state, or federal law enforcement
			 agency.
(6) Makes any false
			 statement or gives any false information to a third party provider in
			 connection with any criminal history record check provided to the
			 Board.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0106 - DETERMINATION OF EXPERIENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
			 Experience requirements shall be determined in the following manner: one year's
			 experience = 1,000 hours.
(b) The
			 Board shall not consider any experience claimed by the applicant if gained
			 while not in possession of a valid license or registration while such license
			 or registration was required by existing or previously existing laws of the
			 United States, any State, or any political subdivision thereof.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0122 - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
The Administrative Procedures for rule-making and hearings,
				codified at Title 26, Subchapters 2 and 3 of the North Carolina Administrative
				Code, effective August 1, 1986, are hereby adopted by reference to apply to
				actions of the Alarm Systems Licensing Board. Pursuant to G.S. 150B-14(c) this
				reference shall automatically include any later amendments and additions to
				Title 26 Subchapters 2 and 3 of the North Carolina Administrative
				Code.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0123 - CONSUMER CONTRACT AND DISCLOSURE REQUIREMENTS FOR ALARM SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every person, firm, association or
			 corporation licensed to engage in the alarm systems business in North Carolina
			 who sells, installs, services, responds to or monitors electrical, electronic
			 or mechanical alarm systems shall execute with the consumer a written contract
			 in all transactions that must consist of the following:
(1) A description of the sale(s) and/or
			 service(s) in brief, simple terminology;
(2) The company's name, address, telephone
			 number, and North Carolina Alarm Systems License Number and the North Carolina
			 Alarm Systems Licensing Board's address and telephone number.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0201 - APPLICATION FOR LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each applicant
			 for a license shall complete an application form provided by the Board. This
			 form and one additional copy shall be submitted to the administrator and shall
			 be accompanied by:
(1) one set of
			 classifiable fingerprints on an applicant card provided by the Board;
(2) one head and shoulders digital photograph
			 of the applicant in JPG format of acceptable quality for identification and
			 taken within six months prior to submission and submitted by e-mail to
			 PPSB/ASLB-photos@ncdoj.gov or by compact disc;
(3) for residents of North Carolina
			 statements of the results of a statewide criminal history records search for
			 the past five years conducted by an Administrative Offices of the Courts'
			 approved firm that conducts criminal history searches and bases its search on
			 the criminal history database maintained by the North Carolina Administrative
			 Offices of the Courts;
(4) for
			 out-of-state residents, statements of the results of a statewide criminal
			 history records search for the past five years conducted by a Board approved
			 company under contract with, or appointed by, the Board to conduct criminal
			 history searches which bases its search on the criminal history database
			 maintained by the state of residence;
(5) the applicant's application fee;
			 and
(6) an Equifax credit check run
			 within 30 days of the license application submission date.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0202 - EXPERIENCE REQUIREMENTS FOR LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applicants
			 for an alarm system license must meet the following requirements which are
			 additional to those specified in G.S. 74D:
(1) Establish to the Board's satisfaction two
			 year's experience within the past five years in alarm systems installation,
			 service, or alarm systems business management;
(2) No longer than one year prior to the
			 application date, successfully pass an oral or written examination deemed by
			 the Board to measure an individual's knowledge and competence in the alarm
			 systems business; or
(3) No longer
			 than one year prior to the application date, successfully complete the
			 Certified Alarm Technician Level I Course offered by the National Burglar and
			 Fire Alarm Association.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0203 - FEES FOR LICENSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Application
			 license fees are as follows:
(1) One hundred
			 fifty dollars ($150.00) non-refundable initial application fee;
(2) Three hundred seventy-five dollar
			 ($375.00) biennial fee for a new or renewal license;
(3) One hundred fifty dollars ($150.00)
			 branch office license fee;
(4) One
			 hundred dollars ($100.00) late renewal fee to be paid in addition to the
			 renewal fee if the license has not been renewed on or before the expiration
			 date.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0204 - RENEWAL OR RE-ISSUE OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
			 applicant for a license renewal shall complete a renewal form provided by the
			 Board. This form shall be submitted to the administrator not less than 30 days
			 prior to expiration of the applicant's current license and shall be accompanied
			 by:
(1) two head and shoulders color
			 photographs of the applicant of acceptable quality for identification and made
			 within 90 days of the application one inch by one inch in size;
(2) statements of the result of a local
			 criminal history records search by the City/County Identification Bureau or
			 Clerk of Superior Court in each county where the applicant has resided within
			 the immediately preceding 24 months;
(3) the applicant's renewal fee;
			 and
(4) proof of liability
			 insurance pursuant to G.S. Sec. 74D-9.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0205 - IDENTIFICATION CARDS OF LICENSEES

Current through Register Vol. 39, No. 2, July 15, 2024
Upon the issuance of a license, a pocket identification card of
				design, size, and content approved by the Board shall be issued by the
				administrator. Such card will be evidence that the holder is duly licensed
				under G.S. Chapter 74D. The holder shall have this card in his possession at
				all times when he is within the scope of his employment.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0206 - RECORDS INSPECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Records of a
			 licensee maintained to satisfy the requirements of G.S. Chapter 74D or 12 NCAC
			 Chapter 11 are subject to inspection by the Director or his staff upon demand
			 between 8:00 a.m. and 5:00 p.m. Monday through Friday.
(b) All licensees having registered employees
			 shall submit a copy of their current quarterly Employment Security Commission
			 NCUI 101-625 to the Director's office at the same time the form is submitted to
			 the Employment Security Commission; and an additional list of non-Employment
			 Security Commission employees currently employed by the licensee with the dates
			 of employment. In lieu of submitting copies of the quarterly reports, the Board
			 may request, and the licensee shall provide within 10 days of the request, the
			 businesses' Employment Security Commission account number along with the
			 personal identification number (PIN) so that the Board may access the data
			 electronically. Those licensees who do not submit an Employment Security
			 Commission NCUI 101-625 shall submit the names of their employees on a form
			 provided by the Board. The licensee of a firm, association, or corporation that
			 license a department or division shall also submit additional documentation as
			 required by Paragraph (c) of this Rule.
(c) If a department or division of a firm,
			 association, or corporation is licensed, then the licensee must submit a list
			 of all employees who work with the department or division to the Board prior to
			 the issuance of the license. This list must indicate the employees that work
			 with the department or division and are listed on the report required in
			 Paragraph (b) of this Rule. If the department or division hires a new employee,
			 the licensee must report the hiring within 5 days of employment.
(d) All records required to be kept by either
			 Chapter 74D of the General Statutes of North Carolina or by 12 NCAC 11 shall be
			 retained for at least three years. If the licensee is unable to produce records
			 as required by this Rule, the licensee shall give the Board it's Employment
			 Security Commission account number along with the personal identification
			 number (PIN) so that the Board may access the data electronically.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0208 - TRAINING REQUIREMENTS FOR ALARM LICENSEES

Current through Register Vol. 39, No. 2, July 15, 2024
Every Alarm licensee shall satisfactorily complete viewing of a
				video training session offered by the Alarm Systems Licensing Board. This video
				training session will be offered quarterly and must be completed by the
				licensee within 90 days of licensure.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0210 - ELECTRICAL CONTRACTING LICENSE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
			 firm, association, corporation, department, division, or branch office required
			 to be licensed pursuant to
			 G.S.
			 74D-2(a) must employ on a
			 full-time basis a licensee or registered employee who holds a license for
			 either a SP-LV, limited, intermediate or unlimited examination as administered
			 by the North Carolina Board of Examiners of Electrical Contractors. Pursuant to
			 12 NCAC 11
			 .0206, each firm, association, corporation,
			 department, division, or branch office must maintain in its records a copy of
			 the licensee's or registered employee's Electrical Contractors
			 License.
(b) In the event the
			 licensee holding the electrical contractor's license ceases to perform his
			 duties, the business entity shall notify the Board in writing within 10 working
			 days. The business entity must obtain a substitute electrical contractor
			 licensee within 30 days after the original electrical licensee ceases to
			 serve.
(c) If a company provides
			 only alarm systems monitoring services and submits a written request to the
			 Board certifying that they provide only monitoring services and do not sell,
			 install, service, or respond to burglar alarms, the Board shall exempt the
			 company from compliance with this rule. If the company later elects to sell,
			 install, service or respond to burglar alarms, then the company shall be
			 required to fulfill the requirements of this rule.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0301 - APPLICATION FOR REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
			 Each licensee or qualifying agent shall submit and sign an application form for
			 the registration of his employee on a form provided by the Board. This form,
			 when sent to the board, shall be accompanied by:
(1) one set of classifiable fingerprints on a
			 standard F.B.I. applicant card,
(2)
			 one head and shoulders digital photograph of the applicant in JPG format of
			 acceptable quality for identification and taken within six months prior to
			 submission and submitted by e-mail to PPSB/ASLB-photos@ncdoj.gov or by compact
			 disc;
(3) for residents of North
			 Carolina statements of the results of a statewide criminal history records
			 search for the preceding 48 months conducted by an Administrative Offices of
			 the Courts' approved firm that conducts criminal history searches and bases its
			 search on the criminal history database maintained by the North Carolina
			 Administrative Offices of the Courts;
(4) for out-of-state residents, statements of
			 the results of a statewide criminal history records search for the past 48
			 months conducted by a Board approved company under contract with, or appointed
			 by, the Board to conduct criminal history search which bases its searches on
			 the criminal history database maintained by the state of residence;
			 and
(5) the registration fee
			 required by
			 12 NCAC 11
			 .0302.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0302 - FEES FOR REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Registration
			 fees are as follows:
(1) Forty-five dollar
			 ($45.00) non-refundable biennial registration fee;
(2) Ten dollar ($10.00) non-refundable
			 re-issue fee for lost cards or for registration of an employee who changes
			 employment to another licensee;
(3)
			 Ten dollar ($10.00) non-refundable annual multiple registration fee;
(4) Ten dollar ($10.00) fee for each
			 reconsideration of a registration permit that has been previously filed with
			 the Board but returned to the licensee or applicant for correctable errors;
(5) Twenty dollar ($20.00) late
			 renewal fee to be paid for an application submitted no more than 30 days from
			 the date the registration expires and to be paid in addition to the renewal
			 fee.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0303 - MINIMUM STANDARDS FOR REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant for registration must:
(1) be at least 18 years of age;
(2) be a citizen of the United States or a
			 resident alien; and
(3) be of good
			 moral character and temperate habits. Any of 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 beverage, conviction of a crime involving felonious assault or an act
			 of violence; conviction of a crime involving unlawful breaking and/or entering,
			 burglary, larceny, any offense involving moral turpitude; or a history of
			 addiction to alcohol or a narcotic drug; provided that, for purposes of (3) of
			 this Rule, "conviction" means and includes the entry of a plea of guilty, plea
			 of no contest, or a verdict of guilty;
(4) not have been declared by any court of
			 competent jurisdiction incompetent by reason of mental disease or defect; or
			 not have voluntarily committed himself or herself to an institution for
			 treatment of mental disease or defect; or not have been involuntarily committed
			 to an institution for treatment of mental disease or defect by a district court
			 judge. When an individual has been treated and found to have been restored by a
			 psychiatrist, the Board will consider this evidence and determine whether the
			 applicant meets the requirements of this Paragraph.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0304 - INVESTIGATION FOR REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) After
			 the administrator receives a complete application for registration, the
			 administrator may cause to be made such further investigation of the applicant
			 as deemed necessary.
(b) Any denial
			 of an applicant for registration by the administrator will be subject to review
			 by the Board.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0305 - REGISTRATION IDENTIFICATION CARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
			 registration identification card must be carried by the registrant when
			 performing the duties of an alarm systems employee.
(b) The registration identification card must
			 be exhibited upon the request of any law enforcement officer or any other
			 authorized representative of the Board.
(c) Registration identification card holders
			 shall immediately notify the Board upon receipt of any information relating to
			 the holder's eligibility to continue holding such a card.
(d) Upon revocation or suspension by the
			 Board, a holder shall return the registration identification card to the
			 administrator within 10 days of the date of the revocation or
			 suspension.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0306 - RENEWAL OR REREGISTRATION OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
			 applicant for renewal of a registration identification card or his employer,
			 shall complete a form provided by the Board. This form shall be submitted not
			 less than 30 days prior to expiration of the applicant's current card and shall
			 be accompanied by:
(1) two head and shoulders
			 color photographs of the applicant of acceptable quality for identification and
			 made within 90 days of the application one inch by one inch in size;
(2) statements of the result of a local
			 criminal history records search by the City/County Bureau or Clerk of Superior
			 Court in each county where the applicant has resided within the immediately
			 preceding 24 months; and
(3) the
			 applicant's renewal fee.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0307 - SUSPENSION OF AUTHORITY TO EXPEND FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
In the event that Board's authority to expend funds is
				suspended pursuant to
				G.S.
				93B-2(d), the Board shall
				continue to issue and renew licenses and all fees tendered shall be placed in
				an escrow account maintained by the Board for this purpose. Once the Board's
				authority is restored, the funds shall be moved from the escrow account into
				the general operating account.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0401 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions under Article 2 of Chapter 74D
				of the General Statutes of North Carolina, the following definitions shall
				apply through this Section:
(1)
			 "Board" means the Alarm Systems Licensing Board.
(2) "Fund" means the Recovery Fund of the
			 Alarm Systems Licensing Act.
(3)
			 "Aggrieved Party" means a person who has suffered a direct or monetary loss
			 because of a licensee's acts.
(4)
			 "Licensee" means a person who, at the time of the act complained of, was
			 licensed by the Alarm Systems Licensing Board.
(5) "Reimbursable Loss" means:
(a) only those losses of money or other
			 property which meet all of the following tests:
(i) The obligation was incurred on or after
			 July 1, 1983;
(ii) The loss was
			 caused by a licensee defaulting on an obligation owed where such obligation was
			 entered into by the licensee to perform alarm systems services; and
(iii) The aggrieved party has exhausted all
			 civil remedies against the licensee or his estate and has complied with these
			 rules.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0402 - PETITION FOR HEARING/APPLICATION FOR RELIEF

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall prepare a Form of Petition for Hearing and
				Application for Relief which shall require the following minimum
				information:
(1) The name and address
			 of the aggrieved party;
(2) The
			 name and address of the licensee who defaulted on an obligation;
(3) The amount of the alleged loss for which
			 application is made;
(4) The date
			 or period of time during which the alleged loss was incurred;
(5) A general statement of facts relative to
			 the application;
(6) Verification
			 by the aggrieved party;
(7) All
			 supporting documents, including, but not limited to:
(a) Copies of all contracts, invoices,
			 returned checks, etc.;
(b) Copies
			 of all court proceedings against the licensee; and
(c) Copies of all documents showing any
			 reimbursement or receipt of funds in payment of any portion of the
			 loss.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0403 - PROCESSING APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
			 cause each application to be sent to the administrator for investigation and
			 report. A copy of the application shall be served upon or sent by registered
			 mail to the last known address of the licensee who it is claimed defaulted on
			 an obligation.
(b) The
			 Administrator shall conduct such investigation in such manner as he deems
			 necessary and desirable in order to determine whether the application is for a
			 reimbursable loss and in order to guide and advise the Board in determining the
			 extent, if any, for which the application should be paid from the
			 fund.
(c) A report from the
			 Administrator shall be submitted to the Chairman of the Board within a
			 reasonable time.
(d) The Board
			 shall hold a hearing on every application filed by an aggrieved party. The
			 hearing shall be held before the Board and shall follow the guidelines set out
			 in Chapter 150B of the General Statutes of North Carolina.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0501 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions set forth in
				12 NCAC 11
				.0103, the following definitionsshall apply to this
				Section:
(1) "continuing education" or
			 "CE" refers to any educational activity approved by the Board to be a
			 continuing education activity.
(2)
			 "credit hour" means sixty minutes of continuing education
			 instruction.
(3) "year" refers to
			 the calendar year after the issuance of a new or renewal license.
(4) "licensee" shall refer to an individual
			 who holds an alarm systems business license issued by the Board.
(5) "registrant" shall refer to an individual
			 who holds an alarm systems business registration permit issued by the Board.
			 Only registrants who engage in installation, service, sales, or monitoring of
			 alarm systems shall be required to complete the continuing education
			 requirements.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0502 - REQUIRED CONTINUING EDUCATION HOURS

Current through Register Vol. 39, No. 2, July 15, 2024
Each licensee shall complete at least six credit hours of
				continuing education training during each renewal period. Each registrant shall
				complete at least three credit hours of continuing education training during
				each renewal period. Credit shall be given only for classes that have been
				pre-approved by the Board. A licensee or registrant who attends a complete
				meeting of a regularly scheduled meeting of the Alarm Systems Licensing Board
				shall receive three credit hours for each meeting that the licensee or
				registrant attends. Said credit shall be applied retroactively for those that
				signed the attendance sheet and attended a regularly scheduled Board meeting
				prior to the adoption of this Rule.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0503 - ACCREDITATION STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) CE courses may
			 obtain the sanction of the Alarm Systems Licensing Board by submitting the
			 following information to the Board for consideration:
(1) the nature and purpose of the
			 course;
(2) the course objectives
			 or goals;
(3) the outline of the
			 course, including the number of training hours for each segment; and
(4) the identity of each
			 instructor.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0504 - NON-RESIDENT LICENSEE OR REGISTRANT CONTINUING EDUCATION CREDITS

Current through Register Vol. 39, No. 2, July 15, 2024
A non-resident licensee or registrant shall obtain the required
				continuing education credits as set forth in
				12 NCAC 11
				.0503. If a non-resident licensee or registrant
				resides in a state that requires continuing education for an alarm systems
				business license, then the continuing education courses to be offered in the
				state of residence may be considered by the North Carolina Alarm Systems
				Licensing Board for sanctioning in North Carolina on an individual course
				basis. In determining if the course is to be sanctioned, the Board shall review
				the course to determine if the course is pertinent to the industry, and if the
				course meets its stated objective.