reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter H - TORRENS ACT RULES AND FORMS › Section .0200 - FORMS › Section 02H .0202 - REPEALED - DESCRIPTION OF FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 43-3;
Eff. February 1,
					 1976;
Readopted Eff. January 5, 1978;
Repealed Eff.
					 July 16, 1988 in accordance with
					 G.S.
					 150B-59(c).
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0100 - GENERAL PROVISIONS › Section 02I .0101 - LOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
The administrative office for the commissioning of company
					 police officers and the certification of company police agencies is located in
					 the office of the Criminal Justice Standards Division. Correspondence shall be
					 directed to:
Company Police Administrator
Company Police Program
Post Office Drawer 310
Raleigh, North Carolina 27602-0310
Telephone: (919) 733-2530
Authority G.S. 74E;
					 143A-54;
Eff. February 1, 1976;
Amended Eff. September
					 9, 1976;
Readopted Eff. January 5, 1978;
Amended Eff.
					 August 1, 1996; August 2, 1993; November 1, 1984; September 1,
					 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0100 - GENERAL PROVISIONS › Section 02I .0102 - PURPOSES

Current through Register Vol. 39, No. 2, July 15, 2024
The purposes of the Attorney General's Office in granting
					 company police commissions are:
(1) to
				  allow those organizations and corporations described in
				  G.S.
				  74E-2 to apply for certification as a company
				  police agency;
(2) to allow those
				  organizations and corporations described in
				  G.S.
				  74E-2 to employ individuals commissioned as
				  company police officers pursuant to
				  G.S.
				  74E-6; and
(3) to ensure the integrity, proficiency, and
				  competence of company police officers and establishing minimum standards for
				  obtaining and maintaining both company police officer commissions and company
				  police agency certifications.
Authority
					 G.S.
					 74E-2;
					 74E-6;
Eff. February
					 1, 1976;
Readopted Eff. January 5, 1978;
Amended Eff.
					 August 2, 1993; November 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0100 - GENERAL PROVISIONS › Section 02I .0103 - ADMINISTRATIVE STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
The administrative staff responsible for company police
					 commissions and company police agency certifications consists of assigned
					 personnel from the Criminal Justice Standards Division. The duties of this
					 staff are to carry out the policies of the law and regulations herein and to
					 actively police the individuals already commissioned as company police officers
					 to assure compliance with the law in all respects.
Authority
					 G.S.
					 74E-4;
Eff. February 1,
					 1976;
Amended Eff. September 9, 1976;
Readopted Eff.
					 January 5, 1978;
Amended Eff. August 2, 1993; November 1, 1984;
					 September 1, 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0100 - GENERAL PROVISIONS › Section 02I .0104 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to any definitions set forth in G.S. 74E, the
					 following definitions will apply throughout this Chapter, unless the context
					 clearly defines otherwise:
(1) "Agency
				  Records" means those records specified pursuant to this Subchapter and that
				  documentation required to be maintained and compiled under the requirements of
				  G.S. 74E.
(2) "Badge" means a
				  shield bearing the title of "Company Police Officer" or "Railroad Police",
				  "Campus Police," or "Special Police" and the name of the agency and the
				  officer's issued identification card provided by the Attorney General which
				  identifies the individual as a company police officer.
(3) "Calendar Year" shall be defined solely
				  for the purpose of in-service training as a period beginning January 1 and
				  ending on December 31.
(4)
				  "Certification" means:
(a) company police
				  officers - the authority granted by the North Carolina Criminal Justice
				  Education and Training Standards Commission to those individuals who meet the
				  minimum requirements as a sworn law enforcement officer pursuant to Title 12,
				  Chapter 9B of the North Carolina Administrative Code.
(b) company police agency - the authority
				  granted by the Attorney General to those Company Police agencies who meet the
				  minimum requirements established for such agencies pursuant to this
				  Chapter.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0201 - REPEALED - ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 74A-1;
					 143A-54;
Eff.
					 February 1, 1976;
Readopted Eff. January 5, 1978;
Repealed Eff. November 1, 1984.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0203 - APPLICATION FOR COMPANY POLICE AGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  company police agency shall complete and submit to the Company Police
				  Administrator the following items and documentation:
(1) an application form;
(2) articles of incorporation or other agency
				  originating documentation, which specifies the agency's law enforcement
				  functions;
(3) names and addresses
				  for all corporate officers and directors;
(4) a copy of the company police agency's
				  insurance policy, or if self insured, the certificate of self insurance
				  (applicable to non-public entities only);
(5) a criminal history record check on each
				  corporate officer and director of the corporation through the clerk of superior
				  court in each county where the individual resided, maintained a residence and
				  place of business over a five year period prior to such application. However,
				  this Subparagraph does not require the agency to submit a criminal history
				  record check on currently commissioned company police officers;
(6) the appropriate fees as required by
				  12 NCAC
				  02I .0206;
(7) a listing of the names and addresses of
				  all employing businesses and institutions for which the company police agency
				  has contracted with to provide services;
(8) notification form signed by the local
				  District Attorney, Sheriff and if applicable, local Police Chief, for the
				  location where the primary business will be conducted stating the agency's
				  intent to operate as a company police agency;
(9) at least two affidavits signed by other
				  individuals within the community who have personal knowledge stating that the
				  corporate officers and directors of the corporation are of good moral character
				  as defined in
				  12 NCAC
				  02I .0202(a)(9).
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0204 - APPLICATION FOR COMPANY POLICE OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
The application for a company police officer must
					 contain:
(1) a written request from
				  the Department Head of the company, agency or institution requesting that a
				  company police commission be issued to the applicant. An oral request will not
				  satisfy this requirement; and
(2)
				  if the applicant holds general certification issued by the North Carolina
				  Criminal Justice Education and Training Standards Commission or the North
				  Carolina Sheriff's Education and Training Standards Commission, the application
				  must contain the following:
(a) Medical
				  History Statement (Form F-1);
(b)
				  Medical Examination Report (Form F-2);
(c) Two complete fingerprint cards;
(d) Two 1" x 1-1/4" (non-polaroid) close-up
				  color photographs not more than three months old;
(e) Proof of a negative drug screen as
				  specified in
				  12 NCAC
				  02I .0202(7);
(f) Proof of successful completion of all
				  in-service training requirements specified by the North Carolina Criminal
				  Justice Education and Training Standards Commission, which standards are hereby
				  incorporated by reference and shall automatically include any later amendments
				  and editions of the referenced material;
(g) Authorization for release of records
				  (CP-1);
(h) Drug Screen Consent
				  Form (CP-2);
(i) Appropriate fees
				  as specified in
				  12 NCAC
				  02I .0206;
(j) An appropriate background investigation
				  as specified in
				  12 NCAC
				  02I .0205 (Form F-8); and
(k) Personal History Statement (Form F-3) not
				  more than three months old; or
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0205 - BACKGROUND INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  company police agency contemplating the commissioning of an applicant as a
				  company police officer shall, prior to employment, complete a background
				  investigation on such applicant. The investigation shall examine the
				  applicant's character traits and habits relevant to performance as a company
				  police officer and shall determine whether the applicant is of good moral
				  character as referred to in
				  G.S.
				  17C-10(c). The investigation
				  shall be submitted to the Company Police Administrator utilizing the
				  Commission-approved Form F-8 (Summary of Background Investigation).
(b) Prior to the investigation, the applicant
				  shall complete a Personal History Statement (Form F-3) to provide a basis for
				  the investigation.
(c) The
				  Department Head shall conduct the applicant's background investigation. The
				  Department Head shall document the results of the investigation and shall
				  include in the report of investigation:
(1)
				  biographical data;
(2) family
				  data;
(3) scholastic
				  data;
(4) employment
				  data;
(5) interviews with the
				  applicant's references; and
(6) a
				  summary of the Department Head's findings and conclusions regarding the
				  applicant's moral character as referred to in
				  G.S.
				  17C-10(c).
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0206 - FEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon notification that an application for
				  a company police agency certification or a company police officer commission
				  has been approved, the applicant shall forward a certified check or money order
				  made out to the North Carolina Department of Justice to the:
Company Police Administrator
Company Police Program
Post Office Drawer 310
Raleigh, North Carolina 27602-0310
Telephone: (919) 733-2530
(b) The following fees shall be due and
				  payable prior to the issuance of company police agency certification or a
				  company police officer commission.
(1)
				  Application for certification as a company police agency - $250.00.
(2) Annual renewal of certification as a
				  company police agency - $200.00.
(3) Application for reinstatement of
				  certification as a company police agency - $1,000.00.
(4) Application for commission as a company
				  police officer - $100.00.
(5)
				  Annual renewal of commission as a company police officer - $50.00.
(6) Application for reinstatement of
				  commission as a company police officer - $150.00.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0207 - REPEALED - BOND

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 74A-2;
					 143A-54;
Eff.
					 February 1, 1976;
Amended Eff. September 9, 1976;
Readopted Eff. January 5, 1978;
Amended Eff. September 1,
					 1981;
Repealed Eff. November 1, 1984;
Recodified from
					 12 NCAC
					 02I .0206 Eff. August 2,
					 1993.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0208 - OATH

Current through Register Vol. 39, No. 2, July 15, 2024
Every company police officer so appointed shall, before
					 entering upon the duties of his office, take and subscribe to the oath provided
					 for in G.S. 11-11 before an officer
					 authorized by
					 G.S.
					 11-7.1 to administer oaths, and shall forward
					 a copy of the executed oath within 10 days of the day on which the oath is
					 subscribed to the Company Police Administrator.
Authority
					 G.S.
					 11-11;
					 74E-4;
Eff. February
					 1, 1976;
Amended Eff. September 9, 1976;
Readopted Eff.
					 January 5, 1978;
Amended Eff. August 2, 1993; November 1, 1984;
					 September 1, 1981;
Recodified from
					 12 NCAC
					 02I .0207 Eff. August 2, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0209 - REPEALED - SPECIFICATIONS FOR THE USE OF REQUIRED FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 74A-1;
Eff. January 5,
					 1978;
Amended Eff. September 1, 1981;
Repealed Eff.
					 November 1, 1984;
Recodified from
					 12 NCAC
					 02I .0208 Eff. August 2,
					 1993.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0210 - LIABILITY INSURANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any applicant
				  for a non-public company police agency certification must file with the Company
				  Police Administrator, either a copy of the liability insurance policy or a
				  certificate of self insurance, at the following address:
Company Police Administrator
Company Police Program
Post Office Drawer 310
Raleigh, North Carolina 27602-0310
Telephone: (919) 716-6472
(b) The insurance carrier shall deliver any
				  notice of cancellation of liability insurance by certified mail, return receipt
				  requested, to the following address:
Company Police Administrator
Company Police Program
Post Office Drawer 310
Raleigh, North Carolina 27602-0310
Telephone: (919) 716-6472
(c) The insurance carrier shall deliver a
				  declaration of insurance statement by certified mail, return receipt requested,
				  at the beginning of each new insurance coverage period, to the following
				  address:
Company Police Administrator
Company Police Program
Post Office Drawer 310
Raleigh, North Carolina 27602-0310
Authority
					 G.S.
					 74E-3;
					 74E-4;
Eff. August 2,
					 1993;
Amended Eff. January 1, 2008; August 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0211 - SUSPENSION, REVOCATION OR DENIAL OF AGENCY CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  A company police agency certification may be suspended, revoked or denied upon
				  a finding that the agency has:
(1) failed to
				  pay any required fees;
(2) failed
				  to produce or maintain a copy of a liability insurance policy or a certificate
				  of self insurance;
(3) failed to
				  meet any of the requirements for certification provided in
				  12 NCAC
				  02I .0203;
(4) failed to provide any of the required
				  documentation pursuant to
				  12 NCAC
				  02I .0203;
(5) failed to allow for the reasonable
				  inspection of the Company Police agency records pursuant to
				  G.S.
				  74E-4(3);
(6) failed to ensure compliance by the
				  agency's company police officers of any and all in-service training
				  requirements as specified by
				  12 NCAC
				  09E .0100;
(7) failed to submit the required in-service
				  training compliance reports as required by
				  12 NCAC
				  09E .0100;
(8) failed to submit any and all reports,
				  notification or other information required by the rules in this
				  Subchapter;
(9) knowingly made a
				  material misrepresentation of any information required for certification or
				  commissioning from the Company Police Administrator or the North Carolina
				  Criminal Justice Education and Training Standards Commission or the North
				  Carolina Sheriff's Education and Training Standards Commission;
(10) knowingly and willfully by any means of
				  false pretense, deception, defraudation, misrepresentation or cheating
				  whatsoever, obtained or attempted to obtain credit, training, certification or
				  commissioning from the Company Police Administrator, the North Carolina
				  Criminal Justice Education and Training Standards Commission or the North
				  Carolina Sheriff's Education and Training Standards Commission;
(11) aided another in obtaining or attempting
				  to obtain credit, training, or certification from the Company Police
				  Administrator, the North Carolina Criminal Justice Education and Training
				  Standards Commission or the North Carolina Sheriff's Education and Training
				  Standards Commission by means of deceit, fraud or misrepresentation or
				  cheating;
(12) failed to ensure
				  that any employee not commissioned as a company police officer is not violating
				  a prohibition set forth in
				  12 NCAC
				  02I .0304; or
(13) fails to maintain at least one employee
				  who is commissioned, pursuant to
				  12 NCAC
				  02I .0203(b), and to
				  maintain at least one contract for services.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0212 - SUSPENSION, REVOCATION, OR DENIAL OF OFFICER COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  A company police commission shall be revoked or denied upon a finding that the
				  officer has committed or been convicted of:
(1) any felony unless granted an
				  unconditional pardon of innocence; or
(2) any crime for which the authorized
				  punishment could have been imprisonment for more than two years.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0213 - PERIOD OF SUSPENSION, REVOCATION OR DENIAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the
				  Attorney General, or his designee, suspends or denies the commission of a
				  company police officer, the period of sanction shall not be less than three
				  years. However, the Attorney General, or his designee, may either reduce or
				  suspend the period of sanction under
				  12 NCAC
				  02I .0212(b) or substitute a
				  period of probation in lieu of suspension of a commission following an
				  administrative hearing, where the cause of sanction is:
(1) commission or conviction of a crime other
				  than those listed in Paragraph (a) of Rule .0212;
(2) refusal to submit to the applicant or
				  lateral transferee drug screen required by
				  12 NCAC
				  02I .0202(7);
(3) production of a positive result on a drug
				  screen reported to the Company Police Administrator where the positive result
				  cannot be explained to the Company Police Administrator's
				  satisfaction;
(4) material
				  misrepresentation of any information required for company police
				  commissioning;
(5) obtaining,
				  attempting to obtain, aiding another person to obtain, or aiding another person
				  attempting to obtain credit, training or commissioning as a company police
				  officer by any means of false pretense, deception, defraudation,
				  misrepresentation or cheating; or
(6) failure to make either of the
				  notifications as required by
				  12 NCAC
				  02I .0202(8).
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0214 - SUMMARY SUSPENSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Company
				  Police Administrator, through designation by the Attorney General, may
				  summarily suspend the commission of the company police officer before the
				  commencement of proceedings for suspension or revocation of the certification
				  when, in the opinion of the Company Police Administrator, the public health,
				  safety, or welfare requires this emergency action of summary suspension. The
				  Attorney General has determined that the following conditions specifically
				  affect the public health, safety, or welfare, and therefore, the Company Police
				  Administrator may utilize summary suspension when:
(1) the person has committed or been
				  convicted of a violation of the criminal code which would require a revocation
				  or denial of certification;
(2) the
				  person has been convicted of any felony (unless granted an unconditional pardon
				  of innocence) or any crime for which the authorized punishment could have been
				  imprisonment for more than two years;
(3) the commissioned company police officer
				  fails to complete the minimum in-service training requirements as prescribed in
				  Title 12, Chapter 09 of the North Carolina Administrative Code; or
(4) the commissioned company police officer
				  produces a positive result on a drug screening administered as set out in
				  12 NCAC
				  02I .0202(7).
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0300 - CONDUCT OF COMMISSIONED POLICEMEN › Section 02I .0301 - TENURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A company police agency certification
				  shall remain in effect until:
(1) The Attorney
				  General directs termination; or
(2)
				  The required liability insurance is terminated or suspended by the agency's
				  insurance carrier.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0300 - CONDUCT OF COMMISSIONED POLICEMEN › Section 02I .0302-0303

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as an Emergency
					 Amendment [(a)(3)] Eff. September 1, 1979, for a Period of 120 Days
to Expire on December 30, 1979;
Statutory Authority
					 G.S.
					 74A-2;
					 143A-54;
Eff.
					 February 1, 1976;
Readopted Eff. January 5, 1978;
Made
					 Permanent Eff. December 28, 1979;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0300 - CONDUCT OF COMMISSIONED POLICEMEN › Section 02I .0304 - PROHIBITED ACTS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the prohibited acts set forth elsewhere in
					 the rules in this Subchapter and in G.S. Chapter 74E, a company police officer
					 shall not commit the following acts:
(1) use of excess force while in the
				  performance of his official duties;
(2) carrying a concealed weapon except:
(a) when on his own business property or at
				  home;
(b) when employed as a
				  company police officer, while on duty and in compliance with
				  G.S.
				  14-269(b)(4) and
				  G.S.
				  74E-6; or
(c) when off duty and in compliance with
				  G.S.
				  14-269(b)(5).
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0300 - CONDUCT OF COMMISSIONED POLICEMEN › Section 02I .0305 - TRANSFERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No individual
				  commissioned as a company police officer may transfer his company police
				  commission from one employing company police agency to another.
(b) Prior to receiving a company police
				  commission, a person who has been previously commissioned as a company police
				  officer shall meet all those requirements for transfer set out in
				  12 NCAC
				  09C .0306(b).
(c) Officers previously commissioned who were
				  not previously required to meet the educational or basic training requirements
				  are not required to meet such requirements when applying for commission to
				  another agency with less than a 12-month break in law enforcement service. If
				  an individual has been separated from a company police agency for greater than
				  12 months, that individual must comply with the rules for application for
				  company police commission.
Authority
					 G.S.
					 74E-4;
					 74E-6;
Eff. February
					 1, 1976;
Amended Eff. September 9, 1976;
Readopted Eff.
					 January 5, 1978;
Amended Eff. February 1, 2008; August 2,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0300 - CONDUCT OF COMMISSIONED POLICEMEN › Section 02I .0306 - BADGES, UNIFORMS, VEHICLES AND OFFICER IDENTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 74E-4;
					 74E-7;
Eff. August 2,
					 1993;
Amended Eff. February 1, 2008;
Agency did not
					 readopt rule pursuant to
					 G.S.
					 150B-21.3A by RRC established deadline of
					 January 31, 2018.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0400 - PROCEDURAL RULES › Section 02I .0401 - REPEALED - ADMINISTRATIVE HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-14(a)(4);
					 150B-38(h);
Eff. February 1, 1976;
Readopted Eff. January 5, 1978;
Amended Eff. August 1, 1988; November 1, 1984; September 1, 1981;
Repealed Eff. September 1, 1990.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0400 - PROCEDURAL RULES › Section 02I .0402 - REPEALED - CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority G.S. 74A;
					 150A;
Eff. February 1, 1976;
Readopted Eff. January 5,
					 1978;
Amended Eff. September 1, 1981;
Repealed Eff.
					 November 1, 1984.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0500 - AGENCY RECORD RETENTION › Section 02I .0501 - AGENCY RETENTION OF RECORDS OF COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
Each company police agency shall place in personnel files
					 the official notification from the Company Police Administrator of either
					 probationary or general certification for each company police officer employed
					 or appointed by the agency. The personnel files shall contain the following
					 documents:
(1) Commission
				  certificate;
(2) Probationary or
				  general certification;
(3) Oath of
				  office;
(4) Firearms qualification
				  (annual F-9A forms);
(5) Annual
				  state mandated in-service verification (ex: certificates, transcripts,
				  etc.);
(6) Notice of appointment
				  (form F-5A); and
(7) Notice of
				  separation (form F-5B).
Authority
					 G.S.
					 74E-4;
Eff. February 1,
					 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0100 - GENERAL PROVISIONS › Section 02J .0101 - LOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
The administrative office for the commissioning of campus
					 police officers and the certification of campus police agencies is located in
					 the office of the Criminal Justice Standards Division. Correspondence shall be
					 directed to:
Campus Police Administrator
Campus Police Program
9001 Mail Service Center
Raleigh, North Carolina 27699-9001
Telephone: (919) 716-6470
Authority
					 G.S.
					 74G-4;
Eff. April 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0100 - GENERAL PROVISIONS › Section 02J .0102 - PURPOSES

Current through Register Vol. 39, No. 2, July 15, 2024
The purposes of the Attorney General's Office in granting
					 campus police commissions are:
(1) to
				  allow those private institutions of higher education described in
				  G.S.
				  74G-2 to apply for certification as a campus
				  police agency;
(2) to allow those
				  private institutions of higher education described in
				  G.S.
				  74G-2 to employ individuals commissioned as
				  campus police officers pursuant to
				  G.S.
				  74G-6; and
(3) to ensure the integrity, proficiency, and
				  competence of campus police officers and to establish, in addition to the
				  requirements set out in
				  G.S.
				  74G-8, minimum standards for obtaining and
				  maintaining both campus police officer commissions and campus police agency
				  certifications.
Authority
					 G.S.
					 74G-2;
					 74G-6;
Eff. April 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0100 - GENERAL PROVISIONS › Section 02J .0103 - ADMINISTRATIVE STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
The administrative staff responsible for campus police
					 commissions and campus police agency certifications consists of assigned
					 personnel from the Criminal Justice Standards Division. The duties of this
					 staff are to carry out the policies of the law and regulations herein and to
					 actively police the individuals already commissioned as campus police officers
					 to assure compliance with the law in all respects.
Authority
					 G.S.
					 74G-4;
Eff. April 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0100 - GENERAL PROVISIONS › Section 02J .0104 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to any definitions set forth in G.S. 74G, the
					 following definitions will apply throughout this Chapter, unless the context
					 clearly defines otherwise:
(1) "Agency
				  Records" means those records specified pursuant to this Subchapter and that
				  documentation required to be maintained and compiled under the requirements of
				  G.S. 74G.
(2) "Badge" means a
				  shield bearing the title of "Campus Police" and the name of the certified
				  campus police agency and the officer's issued identification card provided by
				  the Attorney General which identifies the individual as a campus police
				  officer.
(3) "Calendar Year" shall
				  be defined solely for the purpose of in-service training as a period beginning
				  January 1 and ending on December 31.
(4) "Certification" means:
(a) campus police officers - the authority
				  granted by the North Carolina Criminal Justice Education and Training Standards
				  Commission to those individuals who meet the minimum requirements as a sworn
				  law enforcement officer pursuant to Title 12, Chapter 9B of the North Carolina
				  Administrative Code.
(b) campus
				  police agency - the authority granted by the Attorney General to those Campus
				  Police agencies who meet the minimum requirements established for such agencies
				  pursuant to this Chapter.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0200 - COMMISSIONING › Section 02J .0201 - MINIMUM STANDARDS FOR CAMPUS POLICE OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
Every campus police officer must meet the following
					 requirements to obtain and maintain a campus police commission:
(1) be a citizen of the United
				  States;
(2) be a high school
				  graduate or have passed the General Educational Development Test indicating
				  high school equivalency. A specific exception to this educational requirement
				  is granted to:
(a) an applicant who was the
				  holder of a valid campus police commission on June 30, 1972; or
(b) an applicant properly certified as a law
				  enforcement officer by the Criminal Justice Education and Training Standards
				  Commission on March 14, 1973.
In either case, the exception will not be applicable if the
					 applicant has had more than a 12 month break in service;
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0200 - COMMISSIONING › Section 02J .0202 - APPLICATION FOR CAMPUS POLICE AGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
Each campus police agency shall complete and submit to the
					 Campus Police Administrator the following items and documentation:
(1) an application form;
(2) articles of incorporation or other agency
				  originating documentation, which specifies the agency's law enforcement
				  functions;
(3) names and addresses
				  for all corporate officers and directors;
(4) a copy of the campus police agency's
				  insurance policy, or if self insured, the certificate of self insurance
				  (applicable to non-public entities only);
(5) a criminal history record check on each
				  corporate officer and director of the corporation through the clerk of superior
				  court in each county where the individual resided or maintained a residence
				  over a five year period prior to such application. However, this Rule does not
				  require the agency to submit a criminal history record check on currently
				  commissioned campus police officers;
(6) the appropriate fees as required by
				  12 NCAC
				  02J .0205;
(7) a listing of the names and addresses of
				  all institutions for which the campus police agency has contracted with to
				  provide services.
Authority
					 G.S.
					 74G-4;
Eff. April 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0200 - COMMISSIONING › Section 02J .0203 - APPLICATION FOR CAMPUS POLICE OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
The application for a campus police officer must
					 contain:
(1) a written request from
				  the Department Head of the campus, or agency requesting that a campus police
				  commission be issued to the applicant. An oral request will not satisfy this
				  requirement; and
(2) if the
				  applicant holds general certification issued by the North Carolina Criminal
				  Justice Education and Training Standards Commission or the North Carolina
				  Sheriff's Education and Training Standards Commission, the application must
				  contain the following:
(a) Medical History
				  Statement (Form F-1);
(b) Medical
				  Examination Report (Form F-2);
(c)
				  Two complete fingerprint cards;
(d)
				  One digital photograph of applicant, not more than three months old, in JPEG
				  format to be emailed to the Campus Police Administrator for picture
				  I.D;
(e) Proof of a negative drug
				  screen as specified in
				  12 NCAC
				  02J .0201(7);
(f) Proof of successful completion of all
				  in-service training requirements specified by the North Carolina Criminal
				  Justice Education and Training Standards Commission, which standards are hereby
				  incorporated by reference and shall automatically include any later amendments
				  and editions of the referenced material. Copies of these standards may be
				  inspected at the office of the agency:
Campus Police Program
North Carolina Department of Justice
114 West Edenton Street
Old Education Building
Raleigh, North Carolina 27602
and may be obtained at no charge from the office of the
					 agency:
Campus Police Program
North Carolina Department of Justice
Post Office Box 310
Raleigh, North Carolina 27602
(g) Authorization for release of records
				  (CP-1);
(h) Drug Screen Consent
				  Form (CP-2);
(i) Appropriate fees
				  as specified in
				  12 NCAC
				  02J .0205;
(j) An appropriate background investigation
				  as specified in
				  12 NCAC
				  02J .0204 (Form F-8); and
(k) Personal History Statement (Form F-3) not
				  more than three months old;
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0200 - COMMISSIONING › Section 02J .0204 - BACKGROUND INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  campus police agency contemplating the commissioning of an applicant as a
				  campus police officer shall, prior to employment, complete a background
				  investigation on such applicant. The investigation shall examine the
				  applicant's character traits and habits relevant to performance as a campus
				  police officer and shall determine whether the applicant is of good moral
				  character as referred to in
				  G.S.
				  17C-10(c). The campus police
				  agency shall submit the investigation to the Campus Police Administrator
				  utilizing the Commission provided Form F-8 (Summary of Background
				  Investigation).
(b) Prior to the
				  investigation, the applicant shall complete a Personal History Statement (Form
				  F-3) to provide a basis for the investigation.
(c) The Department Head shall conduct the
				  applicant's background investigation. The Department Head shall document the
				  results of the investigation and shall include in the report of investigation:
(1) biographical data;
(2) family data;
(3) scholastic data;
(4) employment data;
(5) interviews with the applicant's
				  references; and
(6) a summary of
				  the Department Head's findings and conclusions regarding the applicant's moral
				  character as referred to in
				  G.S.
				  17C-10(c).
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0200 - COMMISSIONING › Section 02J .0205 - FEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon notification that an application for
				  a campus police agency certification or a campus police officer commission has
				  been approved, the applicant shall forward a certified check or money order
				  made out to the North Carolina Department of Justice to the:
Campus Police Administrator
Campus Police Program
9001 Mail Service Center
Raleigh, North Carolina 27699-9001
Telephone: (919) 716-6470
(b) The following fees shall be due and
				  payable prior to the issuance of campus police agency certification or a campus
				  police officer commission.
(1) Application
				  for certification as a campus police agency - $250.00.
(2) Annual renewal of certification as a
				  campus police agency - $200.00.
(3)
				  Application for reinstatement of certification as a campus police agency -
				  $1,000.00.
(4) Application for
				  commission as a campus police officer - $100.00.
(5) Annual renewal of commission as a campus
				  police officer - $50.00.
(6)
				  Application for reinstatement of commission as a campus police officer -
				  $150.00.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0200 - COMMISSIONING › Section 02J .0206 - OATH

Current through Register Vol. 39, No. 2, July 15, 2024
Every campus police officer so appointed shall, before
					 entering upon the duties of his office, take and subscribe to the oath for law
					 enforcement officers, provided for in
					 G.S.
					 11-11 before an officer authorized by
					 G.S.
					 11-7.1 to administer oaths, and shall forward
					 a copy of the executed oath within 10 days of the day on which the oath is
					 subscribed to the Campus Police Administrator.
Authority
					 G.S.
					 11-11;
					 74G-6;
Eff. April 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0200 - COMMISSIONING › Section 02J .0207 - LIABILITY INSURANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any applicant
				  for a non-public campus police agency certification must file with the Campus
				  Police Administrator, either a copy of the liability insurance policy or a
				  certificate of self insurance, at the following address:
Campus Police Administrator
Campus Police Program
9001 Mail Service Center
Raleigh, North Carolina 27699-9001
Telephone: (919) 716-6470
(b) The campus police agency shall deliver
				  any notice of cancellation by an insurance carrier by certified mail, return
				  receipt requested, to the following address:
Campus Police Administrator
Campus Police Program
9001 Mail Service Center
Raleigh, North Carolina 27699-9001
Telephone: (919) 716-6470
Authority
					 G.S.
					 74G-3;
					 74G-4;
Eff. April 1,
					 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0200 - COMMISSIONING › Section 02J .0208 - SUSPENSION, REVOCATION OR DENIAL OF AGENCY CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  A campus police agency certification may be suspended, revoked or denied upon a
				  finding that the agency has:
(1) failed to
				  pay any required fees;
(2) failed
				  to produce or maintain a copy of a liability insurance policy or a certificate
				  of self insurance;
(3) failed to
				  provide all of the required documentation pursuant to
				  12 NCAC
				  02J .0202;
(4) failed to allow for the reasonable
				  inspection of the Campus Police agency records pursuant to
				  G.S.
				  74G-4(3);
(5) failed to ensure compliance by the
				  agency's campus police officers with all in-service training requirements as
				  specified by
				  12 NCAC
				  09E .0100;
(6) failed to submit the required in-service
				  training compliance reports as required by
				  12 NCAC
				  09E .0100;
(7) failed to submit all reports,
				  notification or other information required or requested by the Campus Police
				  Administrator according to Chapter 74G or these Rules;
(8) knowingly made a material
				  misrepresentation of any information required for certification or
				  commissioning from the Campus Police Administrator or the North Carolina
				  Criminal Justice Education and Training Standards Commission or the North
				  Carolina Sheriff's Education and Training Standards Commission;
(9) knowingly and willfully by any means of
				  false pretense, deception, defraudation, misrepresentation or cheating
				  whatsoever, obtained or attempted to obtain credit, training, certification or
				  commissioning from the Campus Police Administrator of the North Carolina
				  Criminal Justice Education and Training Standards Commission or the North
				  Carolina Sheriff's Education and Training Standards Commission;
(10) aided another in obtaining or attempting
				  to obtain credit, training, or certification from the Campus Police
				  Administrator, the North Carolina Criminal Justice Education and Training
				  Standards Commission or the North Carolina Sheriff's Education and Training
				  Standards Commission by means of deceit, fraud or misrepresenta­tion or
				  cheating; or
(11) failed to ensure
				  that any employee not commissioned as a campus police officer is not violating
				  a prohibition set forth in
				  12 NCAC
				  02J .0302.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter J - CAMPUS POLICE › Section .0200 - COMMISSIONING › Section 02J .0209 - SUSPENSION, REVOCATION, OR DENIAL OF OFFICER COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  A campus police commission shall be revoked or denied upon a finding that the
				  officer has committed or been convicted of:
(1) any felony (unless pardoned by the
				  President of the United States or a state Governor); or
(2) any crime for which the authorized
				  punishment could have been imprisonment for more than two years.