reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter A - N.C. SHERIFFS' EDUCATION AND TRAINING › Section .1000 - MINIMUM STANDARDS FOR COMPLETION OF BASIC TRAINING › Section 10A .1002-1007

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 17E-4;
					 17E-7;
Eff. May 1,
					 1985;
Repealed Eff. January 1,
					 1989.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter A - N.C. SHERIFFS' EDUCATION AND TRAINING › Section .1100 - MINIMUM STANDARDS FOR JUSTICE OFFICER INSTRUCTORS › Section 10A .1101 - REPEALED - CERTIFICATION OF INSTRUCTORS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 17E-4;
Eff. August 1,
					 1984;
Amended Eff. October 1, 1988;
Repealed Eff.
					 January 1, 1989.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter A - N.C. SHERIFFS' EDUCATION AND TRAINING › Section .1100 - MINIMUM STANDARDS FOR JUSTICE OFFICER INSTRUCTORS › Section 10A .1102-1104

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 17E-4;
Eff. July 1,
					 1987;
Repealed Eff. January 1,
					 1989.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter A - N.C. SHERIFFS' EDUCATION AND TRAINING › Section .1200 - MINIMUM STANDARDS FOR ACCREDITATION OF ASSOCIATE OF APPLIED SCIENCE DEGREE PROGRAMS INCORPORATING BASIC LAW ENFORCEMENT › Section 10A .1201 - REPEALED - ACCREDITATION/DEGREE PROGS INCORPORATING BASIC LAW ENFORCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 17E-4;
Eff. August 1,
					 1984.
Amended Eff. October 1, 1988;
Repealed Eff.
					 January 1, 1989.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter A - N.C. SHERIFFS' EDUCATION AND TRAINING › Section .1300 - MINIMUM STANDARDS FOR EMPLOYMENT AS A JAILER › Section 10A .1301-1308

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 17E-4;
					 17E-7;
Eff. August 1,
					 1984;
Amended Eff. November 1, 1984;
Repealed Eff.
					 January 1, 1989.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter A - N.C. SHERIFFS' EDUCATION AND TRAINING › Section .1400 - CERTIFICATION OF JAILERS › Section 10A .1401-1408

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 17E-4;
					 17E-7;
Eff. August 1,
					 1984;
Repealed Eff. January 1,
					 1989.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter A - N.C. SHERIFFS' EDUCATION AND TRAINING › Section .1500 - MINIMUM STANDARDS FOR SHERIFFS' DEPARTMENT JAILER TRAINING › Section 10A .1501 - REPEALED - JUSTICE OFFICER JAILER TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 17E-4(a);
Eff.
					 October 1, 1984;
Amended Eff. November 1, 1985; November 1,
					 1984;
Repealed Eff. January 1,
					 1989.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter A - N.C. SHERIFFS' EDUCATION AND TRAINING › Section .1600 - MINIMUM STANDARDS FOR COMPLETION OF JAILER TRAINING › Section 10A .1601-1605

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 17E-4;
					 17E-7;
Eff. October
					 1, 1984;
Amended Eff. November 1, 1985; November 1,
					 1984;
Repealed Eff. January 1,
					 1989.
North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 10 - SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION › Subchapter A - N.C. SHERIFFS' EDUCATION AND TRAINING › Section .1600 - MINIMUM STANDARDS FOR COMPLETION OF JAILER TRAINING › Section 10A .1606 - REPEALED - SATISFACTION OF MINIMUM TRAINING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 17E-4;
					 17E-7;
Eff. November
					 1, 1985;
Repealed Eff. January 1,
					 1989.
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 .0100 - COMMISSION ORGANIZATION AND PROCEDURES › Section 10B .0101 - LOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
The N.C. Sheriffs' Education and Training Standards
					 Commission is established within the Department of Justice and is located at
					 1700 Tryon Park Drive in Raleigh, North Carolina. The mailing address
					 is:
North Carolina Sheriffs' Education and Training Standards
					 Commission
Post Office Box 629
Raleigh, North Carolina 27602
Telephone (919) 779-8213
Authority
					 G.S.
					 17E-6;
Eff. January 1,
					 1989;
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.
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 .0100 - COMMISSION ORGANIZATION AND PROCEDURES › Section 10B .0102 - REPEALED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 17E-4;
Eff. January 1,
					 1989;
Repealed Eff. January 1,
					 1996.
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 .0100 - COMMISSION ORGANIZATION AND PROCEDURES › Section 10B .0103 - DEFINITI0NS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions set forth in
					 G.S.
					 17E-2, the following definitions apply
					 throughout this Chapter, unless the context requires otherwise:
(1) "Appointment" as it applies to a deputy
				  sheriff means the date the deputy's oath of office is administered; and as it
				  applies to a detention officer means either the date the detention officer's
				  oath of office was administered, if applicable, or the detention officer's
				  actual date of employment as reported on the Report of Appointment (Form F-4)
				  by the employing agency, whichever is earlier; and as it applies to a
				  telecommunicator, the telecommunicator's actual date of employment as reported
				  on the Report of Appointment (Form F-4T).
(2) "Convicted" or "Conviction" means for
				  purposes of this Chapter, the entry of:
(a) a
				  plea of guilty;
(b) a verdict or
				  finding of guilt by a jury, judge, magistrate, or other adjudicating body,
				  tribunal, or official, either civilian or military; or
(c) a plea of no contest, nolo contendere, or
				  the equivalent.
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 .0100 - COMMISSION ORGANIZATION AND PROCEDURES › Section 10B .0104 - SHERIFFS' STANDARDS DIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
The Sheriffs' Standards Division of the North Carolina
					 Department of Justice shall administer such programs as are assigned to it by
					 the Commission including the standards set forth in these Rules. The Division
					 shall present to the Commission for its adoption administrative procedures for
					 those programs of certification and accreditation and may create appropriate
					 forms for application for and administration of those
					 programs.
Authority
					 G.S.
					 17E-6;
Eff. January 1,
					 1989;
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 .0100 - COMMISSION ORGANIZATION AND PROCEDURES › Section 10B .0105 - ADMINISTRATIVE HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Administrative hearings in contested cases conducted by the Commission or an
				  administrative law judge (as authorized in
				  G.S.
				  150B-40) shall be governed by:
(1) procedures set out in Article 3A of G.S.
				  150B;
(2) insofar as relevant, the
				  Rules of Civil Procedure as contained in
				  G.S.
				  1A-1;
(3) insofar as relevant, the General Rules of
				  Practice for the Superior and District Courts as authorized by
				  G.S.
				  7A-34 and found in the Rules Volume of the
				  North Carolina General Statutes.
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 .0100 - COMMISSION ORGANIZATION AND PROCEDURES › Section 10B .0106 - PROCEDURES FOR PETITIONS FOR RULE MAKING

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the procedures set out in
					 G.S.
					 150B-20, Petitions for Rule-Making shall be
					 submitted to the Commission and shall contain:
(1) petitioner's name, address and telephone
				  number;
(2) a draft of the proposed
				  rule or rule change;
(3) the reason
				  for its proposal;
(4) the effect of
				  the proposal on existing rules or decisions;
(5) data supporting the proposal;
(6) practices likely to be affected by the
				  proposal; and
(7) a list or
				  description of persons likely to be affected by the proposed rule.
Authority
					 G.S.
					 150B-20;
Eff. January 1,
					 1990;
Amended Eff. January 1, 1993;
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 .0100 - COMMISSION ORGANIZATION AND PROCEDURES › Section 10B .0107 - PROCEDURES FOR PETITIONS FOR DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  In addition to the procedures set out in
				  G.S.
				  150B-4, Petitions for Declaratory Rulings
				  shall be submitted to the Commission and shall contain:
(1) petitioner's name, address and telephone
				  number;
(2) the statute(s), rule(s)
				  or both to which the request relates;
(3) all facts and information which are
				  relevant to the request;
(4) a
				  concise statement of the manner in which petitioner has been
				  aggrieved;
(5) a draft of the
				  Declaratory Ruling sought by petitioner (if specified outcome is sought by
				  petitioner);
(6) practices likely
				  to be affected by the Declaratory Ruling;
(7) a list or description of persons likely
				  to be affected by the Declaratory Ruling; and
(8) a statement as to whether the petitioner
				  desires to present oral argument (not to exceed 30 minutes) to the Commission
				  prior to its decision.
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 .0100 - COMMISSION ORGANIZATION AND PROCEDURES › Section 10B .0108 - ADMINISTRATION OF PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division shall administer all programs of the Commission regarding
				  certification and implementation of standards.
(b) The administrative duties of the Division
				  include:
(1) preparing and distributing a
				  compilation of these Rules to persons, agencies, and institutions subject
				  thereto;
(2) creating and
				  distributing forms to aid application for certification and reporting of
				  programs conducted under these Rules;
(3) developing and administering
				  comprehensive examinations to provide a basis for the decision to certify
				  Justice Officers;
(4) monitoring
				  and evaluating the activities of persons, agencies, and institutions subject to
				  these Rules;
(5) providing
				  technical assistance to agencies and institutions regarding their substantive
				  and procedural responsibilities under these Rules;
(6) investigating and reporting to the
				  Commission violations of and deviations from these Rules by any person, agency,
				  or institution;
(7) maintaining
				  records of application, qualification, and program reports filed with the
				  Commission under these Rules;
(8)
				  collecting information relevant to the programs of the Commission from persons,
				  agencies, and institutions subject to these Rules;
(9) compiling and maintaining the official
				  records of Commission meetings and acts;
(10) transmitting notice of Commission
				  actions to all persons, agencies, and institutions affected by Commission
				  action;
(11) divulging to
				  authorized requesters information in the personnel and program files of the
				  Commission.
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 .0100 - COMMISSION ORGANIZATION AND PROCEDURES › Section 10B .0109 - DEVELOPMENT OF PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall assist the Commission in developing and
					 evaluating programs for the improvement of North Carolina Sheriffs' offices
					 by:
(1) Compiling data, performing
				  research, and developing reports concerning the needs of all sheriffs'
				  offices;
(2) Presenting to the
				  Commission recommendations for the development of new programs and the revision
				  of existing programs;
(3)
				  Disseminating information about Commission programs to concerned agencies and
				  persons; and
(4) Collecting
				  comments about Commission programs contributed by agencies and the
				  public.
Authority
					 G.S.
					 17E-6;
Eff. January 1,
					 1989;
Recodified from
					 12 NCAC
					 10B .0202 Eff. January 1, 1992;
Amended Eff. February 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 .0100 - COMMISSION ORGANIZATION AND PROCEDURES › Section 10B .0110 - DIVULGING PERSONNEL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
Information maintained in the Division's files concerning a
					 Justice Officer may be inspected or disclosed only as provided by
					 law.
Authority
					 G.S.
					 17E-6;
Eff. January 1,
					 1989;
Recodified from
					 12 NCAC
					 10B .0203 Eff. January 1, 1992;
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 .0200 - ENFORCEMENT RULES › Section 10B .0201 - INVESTIGATION OF VIOLATION OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If any
				  criminal justice agency, school, authorized representative acting on behalf of
				  either, or individual is reported to be or suspected of being in violation of
				  any of these Rules, the Commission may take action to correct the violation and
				  to ensure that similar violations do not occur.
(b) Before taking action against an agency,
				  school, or individual for a violation, the Division shall investigate the
				  alleged violation and, when required by the Director, shall present a report of
				  its findings to the Probable Cause Committee of the Commission.
(c) The Probable Cause Committee may convene
				  prior to each regular meeting of the Commission to consider these investigative
				  reports and make a determination as to whether or not probable cause exists
				  that the Commission's rules have been violated; or may delegate authority to
				  the Director for further action.
(d) The Probable Cause Committee may:
(1) direct the Division to conduct a further
				  investigation of the alleged violation;
(2) request the Attorney General to authorize
				  an investigation of the violation by the State Bureau of
				  Investigation;
(3) direct the
				  Division to conduct an administrative hearing in the matter; or
(4) determine the appropriate sanctions
				  against the violator pursuant to the Commission's Rules.
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 .0200 - ENFORCEMENT RULES › Section 10B .0202 - SANCTIONS FOR VIOLATIONS BY AGENCIES OR SCHOOLS

Current through Register Vol. 39, No. 2, July 15, 2024
If the Commission finds that a violation of any rules in
					 this Chapter has been committed by an agency or school, the Commission
					 may:
(1) issue an oral warning and
				  request for compliance;
(2) issue a
				  written warning and request for compliance;
(3) issue an official written
				  reprimand;
(4) summarily suspend
				  when the Commission finds that the public health, safety, or welfare requires
				  emergency action, revoke, or deny accreditation to any school or program or
				  course of instruction until corrective measures have been taken to bring the
				  agency or school into compliance with the rules in this Subchapter and
				  verification of such compliance has been made by the Commission; or
(5) revoke, or deny accreditation to any
				  school or program or course of instruction for a specific period of time to be
				  determined by the Commission's Probable Cause Committee; however, not to exceed
				  one year.
Authority
					 G.S.
					 17E-4;
Eff. January 1,
					 1991;
Recodified from
					 12 NCAC
					 10B .0205 Eff. January 1, 1992;
Amended Eff. March 1, 2009; August 1, 1998;
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 .0200 - ENFORCEMENT RULES › Section 10B .0203 - SANCTIONS FOR VIOLATIONS BY INDIVIDUALS

Current through Register Vol. 39, No. 2, July 15, 2024
When any person certified by the Commission is found to
					 have knowingly and willfully violated any provision or requirement of the rules
					 in this Subchapter, the Commission may take action to correct the violation and
					 to ensure that the violation does not re-occur, including:
(1) issuing an oral warning and request for
				  compliance;
(2) issuing a written
				  warning and request for compliance;
(3) issuing an official written
				  reprimand;
(4) summarily suspending
				  the individual's certification for a specified period of time or until
				  acceptable corrective action is taken by the individual upon a specific finding
				  that allowing the individual to work poses a danger to the public health,
				  safety and welfare; or
(5) revoking
				  or denying the individual's certification. Where action is being taken against
				  an instructor or school director the Probable Cause Committee shall specify a
				  period of time for the revocation or denial not to exceed five years. Where
				  action is being taken against an applicant for justice officer certification or
				  a certified justice officer, the sanctions set out in
				  12 NCAC
				  10B .0205 apply.
Authority
					 G.S.
					 17E-4;
					 17E-7;
Eff. January
					 1, 1991;
Recodified from
					 12 NCAC
					 10B .0206 Eff. January 1, 1992;
Amended Eff. January 1, 2009; January 1, 1993;
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 .0200 - ENFORCEMENT RULES › Section 10B .0204 - SUSPENSION: REVOCATION: OR DENIAL OF CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Commission shall revoke or deny the certification of a justice officer when the
				  Commission finds that the applicant for certification or the certified officer
				  has committed or been convicted of:
(1) a
				  felony; or
(2) a crime for which
				  the authorized punishment could have been imprisonment for more than two
				  years.
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 .0200 - ENFORCEMENT RULES › Section 10B .0205 - PERIOD OF SUSPENSION, REVOCATION, OR DENIAL

Current through Register Vol. 39, No. 2, July 15, 2024
When the Commission suspends, revokes, or denies the
					 certification of a justice officer, the period of sanction shall be:
(1) permanent where the cause of sanction is:
(a) commission or conviction of a
				  felony;
(b) commission or
				  conviction of a crime for which authorized punishment included imprisonment for
				  more than two years; or
(c) the
				  second revocation, suspension, or denial of an officer's certification for any
				  of the causes requiring at least a five-year period of revocation, suspension,
				  or denial as set out in Item (2) of this Rule.
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 .0200 - ENFORCEMENT RULES › Section 10B .0206 - SUMMARY SUSPENSIONS: OR DENIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Commission may summarily suspend or deny the certification of a justice officer
				  or instructor when, in the opinion of the Commission, the public health,
				  safety, or welfare requires this emergency action of summary suspension or
				  denial. The following conditions specifically affect the public health, safety,
				  or welfare and therefore the Commission, by and through the Director, shall
				  utilize summary suspension or denial following a full investigation of the
				  matter when:
(1) the applicant for
				  certification or the certified justice officer has committed or been convicted
				  of a violation of the criminal code that would require a permanent revocation
				  or denial of certification;
(2) the
				  justice officer has failed to comply with the training requirements of
				  12 NCAC
				  10B .0500,
				  10B .0600, and .1300;
(3) the certified justice officer or criminal
				  justice officer fails to satisfactorily complete the minimum in-service
				  training requirements as prescribed in
				  12 NCAC
				  10B .2000 or
				  10B .2100 or
				  12 NCAC
				  09E .0100;
(4) the applicant for certification has
				  refused to submit to the drug screen as required in
				  12 NCAC
				  10B .0301(6) or
				  10B .0406(c)(3) or in connection
				  with an application for or certification as a justice officer or a criminal
				  justice officer as defined in
				  12 NCAC
				  09A .0103(7); or
(5) the applicant for certification or the
				  certified officer has produced a positive result on any drug screen reported to
				  the Commission as specified in
				  12 NCAC
				  10B .0410 or reported to any commission,
				  agency, or board established to certify, pursuant to said commission, agency,
				  or board's standards, a person as a justice officer or a criminal justice
				  officer as defined in
				  12 NCAC
				  09A .0103(7), unless the
				  positive result is due to a medically indicated cause.
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 .0300 - MINIMUM STANDARDS FOR EMPLOYMENT AND CERTIFICATION AS A JUSTICE OFFICER › Section 10B .0303 - FINGERPRINT CRIMINAL HISTORY RECORDS CHECK

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  applicant for certification, pursuant to Rules .0301 and .0401 of this
				  Subchapter, shall submit electronic fingerprints in the Statewide Automated
				  Fingerprint Identification System (SAFIS).
(b) The employing agency shall forward the
				  applicant's fingerprint record to the North Carolina State Bureau of
				  Investigation for a criminal history record check utilizing fingerprints
				  against state and federal files.
(c) The employing agency will receive a
				  report of the results of the criminal history record check utilizing
				  fingerprints against state and federal files from the North Carolina State
				  Bureau of Investigation. The employing agency shall retain the results of the
				  criminal history records check utilizing fingerprints in compliance with the
				  North Carolina Department of Natural and Cultural Resources Retention Schedule
				  established pursuant to
				  G.S.
				  121-4 and
				  G.S.
				  132-8.1. The employing agency shall include
				  the results of the fingerprint criminal history record check with the
				  applications submitted to the Commission.
(d) Each applicant for certification and
				  certified justice officers shall also submit electronic fingerprints, other
				  identifying information required by the State and National Repositories of
				  Criminal Histories, and any other information required by the State Bureau of
				  Investigation for their enrollment in the Federal Bureau of Investigation's
				  Next Generation Identification (NGI) System and Criminal Justice Record of
				  Arrest and Prosecution Background (Rap Back) Service. Those individuals seeking
				  justice officer certification shall submit the required electronic
				  fingerprints, along with the required documentation pursuant to Rule .0408 of
				  this Subchapter, and other information prior to being issued certification.
				  Those individuals certified as justice officers prior to July 1, 2023 shall
				  submit the required electronic fingerprints and other information no later than
				  June 30, 2023.
(e) Pursuant to Rule
				  .0301(4) of this Section an applicant for certification as a justice officer
				  shall not perform any action requiring certification by the Commission prior to
				  the date on which the employing agency receives the report of the result of the
				  criminal history record check utilizing fingerprints.
Authority
					 G.S.
					 17E-7;
Eff. January 1,
					 1989;
Amended Eff. August 1, 2000; January 1, 1993; January 1,
					 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Amended Eff.
					 January 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 .0300 - MINIMUM STANDARDS FOR EMPLOYMENT AND CERTIFICATION AS A JUSTICE OFFICER › Section 10B .0304 - MEDICAL EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each applicant
				  for certification or enrollment in a Commission-certified basic training course
				  shall complete, sign, and date the Commission's Medical History Statement Form
				  (F-1) and shall be examined by either a physician, surgeon, physician's
				  assistant, or nurse practitioner, who is licensed to practice in North
				  Carolina, or who is authorized to practice medicine in accordance with the
				  rules and regulations of the United States Armed Forces, as outlined in
				  10 U.S.C.
				  1094, to help determine his or her fitness to
				  carry out the physical requirements of the position of justice
				  officer.
(b) Prior to being
				  examined, the applicant shall provide the examining surgeon, physician,
				  physician's assistant, or nurse practitioner with:
(1) the Medical History Statement Form (F-1)
				  which must be read, completed, and signed; and
(2) the Instructions to Agency and Examiner
				  for Completion of Medical Examination Report Form (F-2A) attached to the
				  Medical Examination Report Form (F-2).
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 .0300 - MINIMUM STANDARDS FOR EMPLOYMENT AND CERTIFICATION AS A JUSTICE OFFICER › Section 10B .0305 - BACKGROUND INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Prior to employment, an agency shall complete a background investigation on all
				  applicants for certification. The investigation shall examine the applicant's
				  character traits and habits relevant to performance as a justice officer and
				  shall determine whether the applicant is of good moral character pursuant to
				  12 NCAC
				  10B .0301(a)(12). This
				  examination includes completion of the Commission's Personal History Statement
				  Form (F-3) and Mandated Background Investigation Form (F-8), ensuring the
				  proper certification and criminal history record check required by
				  each.
(b) Prior to the
				  investigation, the applicant shall complete the Commission's Personal History
				  Statement Form (F-3) to provide a basis for the investigation. The agency shall
				  certify that the results of the background investigation are consistent with
				  the information provided by the applicant on the Personal History Statement
				  Form (F-3) and give the applicant the opportunity to update the Personal
				  History Statement Form (F-3) prior to submission to the Division.
(c) The agency shall utilize an investigator
				  with prior experience or training in conducting background investigations. The
				  investigator shall document the results of the investigation on the Mandated
				  Background Investigation Form (F-8) and shall include in the report of
				  investigation:
(1) biographical
				  data;
(2) family data;
(3) scholastic data;
(4) employment data;
(5) criminal history data;
(6) interviews with the applicant's
				  references; and
(7) a summary of
				  the investigator's findings and conclusions regarding the applicant's moral
				  character known to the agency or listed on the applicant's Personal History
				  Statement (F-3). This documentation shall be included with all other
				  documentation required in
				  12 NCAC
				  10B .0408.
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 .0300 - MINIMUM STANDARDS FOR EMPLOYMENT AND CERTIFICATION AS A JUSTICE OFFICER › Section 10B .0306 - EMPLOYMENT INTERVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to
				  employment, the employing agency shall conduct an interview of the applicant to
				  determine the applicant's knowledge, skills, and abilities for success as a
				  justice officer.
(b) The sheriff or
				  agency head may conduct the interview personally or delegate the responsibility
				  to a qualified staff member or panel, who is competent, whether by education,
				  training, or experience, to conduct the employment interview. The respective
				  agency head identifies those individuals he or she deems qualified.
Authority
					 G.S.
					 17E-7;
Eff. January 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Amended Eff.
					 January 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 .0300 - MINIMUM STANDARDS FOR EMPLOYMENT AND CERTIFICATION AS A JUSTICE OFFICER › Section 10B .0307 - CRIMINAL HISTORY RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Consistent with
				  and subject to the requirements of
				  12 NCAC
				  10B .0204, every justice officer employed or
				  certified in North Carolina shall not have committed or been convicted by a
				  local, state, federal, or military court of:
(1) a felony;
(2) a crime for which the punishment could
				  have been imprisonment for more than two years;
(3) a crime or unlawful act defined as a
				  "Class B Misdemeanor" which occurred after the date of appointment;
(4) a crime or unlawful act defined as a
				  "Class B Misdemeanor" within the five year period prior to the date of
				  appointment;
(5) four or more
				  crimes or unlawful acts defined as "Class B Misdemeanors" regardless of the
				  date of conviction or commission;
(6) four or more crimes or unlawful acts
				  defined as "Class A Misdemeanors" except the applicant can be employed if the
				  last conviction or commission occurred more than two years prior to the date of
				  appointment;
(7) a combination of
				  four or more "Class A or B Misdemeanors" regardless of the date; or
(8) for personnel who are authorized to carry
				  a firearm in the execution of their duties, an offense that, pursuant to
				  18 USC
				  922(g)(8), would prohibit
				  the possession of a firearm or ammunition.
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 .0300 - MINIMUM STANDARDS FOR EMPLOYMENT AND CERTIFICATION AS A JUSTICE OFFICER › Section 10B .0308 - REPEALED - MISREPRESENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 17E-7;
Eff. January 1,
					 1989;
Repealed Eff. January 1,
					 1991.
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 .0400 - CERTIFICATION OF JUSTICE OFFICERS › Section 10B .0401 - CERTIFICATION OF PERSONNEL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every
				  person performing the duties of a deputy sheriff or a detention officer as
				  defined in
				  12 NCAC
				  10B .0103(13) and (14),
				  except those certified pursuant to
				  12 NCAC
				  10B .0407; and every person performing the
				  duties of a telecommunicator as defined in
				  12 NCAC
				  10B .0103(15) and who is
				  under the direct supervision and control of the Sheriff, shall meet the
				  certification requirements of this Subchapter.
(b) Every person performing the duties of a
				  telecommunicator as defined in
				  12 NCAC
				  10B .0103(15) who is not
				  under the direct supervision and control of the Sheriff, may be appointed to
				  the Division by the employing entity for purposes of obtaining certification;
				  and if so appointed, shall meet the requirements of this Subchapter.
(c) This Section governs the application
				  requirements for certification and agency responsibilities. Training
				  requirements for Deputy Sheriffs, Detention Officers, and Telecommunicators are
				  set out in Sections .0500, .0600, and .1300 of this Subchapter,
				  respectively.
Authority
					 G.S.
					 17E-4;
					 17E-7;
Eff. January
					 1, 1989;
Amended Eff. February 1, 1998; January 1, 1996; January 1,
					 1993; January 1, 1991;
Temporary Amendment Eff. March 1,
					 1998;
Amended Eff. August 1, 2002; August 1, 1998;
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 .0400 - CERTIFICATION OF JUSTICE OFFICERS › Section 10B .0402 - PROBATIONARY CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
All justice officers, except those transferred or
					 reinstated pursuant to Rule .0406 of this Section shall serve a probationary
					 certification period of one year; provided that the one year probationary
					 period has not been extended for cause pursuant to
					 12 NCAC
					 10B .0602(a) or
					 10B .1303(a). For certification as
					 a deputy sheriff the probationary period begins on the date the officer took
					 the Oath of Office after completion of Basic Law Enforcement Training as
					 described in
					 12 NCAC
					 10B .0502 and
					 12 NCAC
					 09B .0205. For certification as a detention
					 officer or telecommunicator, the probationary period begins on the date the
					 person was appointed.
Authority
					 G.S.
					 17E-4;
					 17E-7;
Eff. January
					 1, 1989;
Amended Eff. January 1, 1996; January 1, 1994; January 1,
					 1991;
Temporary Amendment Eff. March 1, 1998;
Amended
					 Eff. August 1, 1998;
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 .0400 - CERTIFICATION OF JUSTICE OFFICERS › Section 10B .0403 - PROBATIONARY CERTIFICATION REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				  certification as a deputy sheriff, the applicant must successfully complete
				  Basic Law Enforcement Training as described in
				  12 NCAC
				  10B .0502 and
				  12 NCAC
				  09B .0205, and a Report of Appointment (Form
				  F-4) must be submitted to the Division.
(b) For certification as a detention officer,
				  a Report of Appointment (Form F-4) must be submitted to the Division.
(c) For certification as a telecommunication
				  officer, a Report of Appointment (Form F-4T) must be submitted to the
				  Division.
(d) Report of Appointment
				  forms must be submitted to the Division by the employing agency no later than
				  10 days after the deputy sheriff has taken the Oath of Office, or the detention
				  officer or the telecommunicator has been appointed.
(e) The Division shall forward the justice
				  officer's certification to the appointing agency.
(f) No deputy sheriff or detention officer
				  probationary certification shall be issued by the Division prior to the
				  applicant meeting the conditions set forth in this Paragraph. As an additional
				  requirement for probationary certification, the applicant shall meet the
				  following requirements:
(1) If the applicant
				  for probationary certification is authorized to carry a firearm pursuant to the
				  provisions of
				  12 NCAC
				  10B .2104, the employing agency shall submit
				  evidence of satisfactory completion of the employing agency's in-service
				  firearms training and requalification program pursuant to
				  12 NCAC
				  10B .2000 and
				  10B .2100; or
(2) If the applicant for probationary
				  certification is not authorized to carry a firearm pursuant to the provisions
				  of 12
				  NCAC 10B .2104, the employing agency shall
				  notify the Division, in writing, that the applicant is not authorized to carry
				  a firearm.
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 .0400 - CERTIFICATION OF JUSTICE OFFICERS › Section 10B .0404 - GENERAL CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Commission shall grant an officer general certification if evidence is received
				  by the Division that the officer has:
(1)
				  complied with all of the requirements of
				  12 NCAC
				  10B .0300;
(2) successfully completed the required
				  probationary period pursuant to Rule .0402 of this Section; and
(3) detention officers and telecommunicators
				  have completed the required training within the probationary period.
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 .0400 - CERTIFICATION OF JUSTICE OFFICERS › Section 10B .0405 - REPORT OF SEPARATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An agency
				  separating a person from employment or appointment as a justice officer shall,
				  not later than 10 days after separation, forward to the Division a completed
				  Report of Separation (Form F-5 or Form F-5T).
(b) The Report of Separation (Form F-5 or
				  F-5T) shall include the separating agency, the justice officer's name and
				  address, the date of separation from the agency, and the signature of the
				  agency head or authorized agency representative. If there are any allegations
				  of criminal behavior, untruthfulness or other violations of Commission rules,
				  the separating agency shall also document that information on the Report of
				  Separation form.
(c) Although not
				  presently required by these Rules, it is recommended by the Commission that the
				  employing agency cancel the oath of office of a justice officer who has
				  separated.
(d) The employing agency
				  shall notify the justice officer of the effective date of separation as
				  reported to the Division, and provide documentation of such notification at the
				  time Report of Separation (Form F-5 or Form F-5T) is submitted to the
				  Division.
Authority
					 G.S.
					 17E-4;
Eff. January 1,
					 1989;
Amended Eff. January 1, 2005; January 1, 1996; January 1,
					 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Amended Eff. April
					 1, 2022
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 .0400 - CERTIFICATION OF JUSTICE OFFICERS › Section 10B .0406 - LATERAL TRANSFER/REINSTATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The General or Grandfather Certification
				  of an officer meeting the requirements of
				  12 NCAC
				  10B .0103(9) may laterally
				  transfer to an agency and be certified upon compliance with this Rule, without
				  having to repeat the requirements set out in
				  12 NCAC
				  10B .0303.
(b) The employing agency shall verify the
				  applicant's certification status with the Division prior to submission of the
				  application for certification as a justice officer.
(c) In order for an officer to be certified
				  pursuant to Paragraph (a) of this Rule, the employing agency shall submit to
				  the Division, along with the Report of Appointment (F-4 or F-4T),the documents
				  required in
				  12 NCAC
				  10B .0408.
(d) An officer whose certification has been
				  suspended pursuant to
				  12 NCAC
				  10B .0204(b)(1) may have
				  that certification reinstated provided that:
(1) the period of suspension has been six
				  months or less; and
(2) the
				  employing agency submits to the Division, along with a Report of Appointment,
				  the documents required in
				  12 NCAC
				  10B .0305.
(3) the officer has successfully completed
				  the basic training requirements as prescribed in
				  12 NCAC
				  10B .0500 or
				  10B .0600 or
				  10B .1300.
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 .0400 - CERTIFICATION OF JUSTICE OFFICERS › Section 10B .0407 - CERTIFICATION OF FORMER SHERIFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division shall issue a General Certification to any person as either a deputy
				  sheriff, a detention officer, or telecommunicator who has previously served as
				  an elected or appointed sheriff for a minimum of eight years, if the person:
(1) applies to the Commission within one year
				  of ceasing to serve as an elected or appointed sheriff; and
(2) left the office of sheriff in good
				  standing.
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 .0400 - CERTIFICATION OF JUSTICE OFFICERS › Section 10B .0408 - VERIFICATION OF RECORDS TO DIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to
				  issuing certification of each justice officer, for the purpose of verifying
				  compliance with these Rules, the employing agency shall submit to the Division,
				  along with the Report of Appointment (F-4), the following documents:
(1) documentation consisting of diplomas,
				  school transcripts, or certificates from the educational institution attended
				  by the applicant confirming the applicant's compliance with the educational
				  requirement pursuant to Rule .0302(a) of this Subchapter;
(2) certified copy of the applicant's Oath of
				  Office, if applying for certification as a deputy sheriff;
(3) the applicant's Medical History Statement
				  (F-1);
(4) the applicant's Medical
				  Examination Report (F-2 and F-2A);
(5) the applicant's unredacted Psychological
				  Screening Examination as required by
				  G.S.
				  17E-7;
(6) the applicant's notarized Personal
				  History Statement (F-3);
(7) the
				  Commission-mandated Background Investigation Form (F-8) with all accompanying
				  documentation set out in Rule .0305 of this Subchapter;
(8) documentation of negative results on a
				  drug screen pursuant to Rule .0301(6) of this Subchapter; and
(9) documentation of the applicant's
				  compliance with the probationary certification requirements pursuant to Rule
				  .0403(b) of this Section, if the applicant is a deputy sheriff or a detention
				  officer and is authorized by the agency to carry a firearm.