reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter C - INDUSTRY MEMBERS: RETAIL/INDUSTRY MEMBER RELATIONSHIPS: SHIP CHANDLERS: AIR CARRIERS: FUEL ALCOHOL › Section .1300 - SPIRITUOUS LIQUOR TASTING SPECIAL EVENT PERMITS › Section 15C .1301 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in
					 G.S.
					 18B-1114.7 and in this Section:
(1) "Advertising specialties" means coasters,
				  shot glasses, bottle or can openers, cork screws, ash trays, shopping bags,
				  individual can coolers, hats, caps, visors, t-shirts (without collars or
				  buttons), and key chains.
(2)
				  "Charitable, nonprofit organization" means a nonprofit organization that is a
				  charitable organization as defined in
				  G.S.
				  1-539.11(1).
(3) "Consumer tasting event" means any time a
				  single spirituous liquor special event permittee provides samples of spirituous
				  liquor to a consumer in an ABC store pursuant to
				  G.S.
				  18B-1114.7(c).
(4) "Local fund-raiser" means a special event
				  sponsored or cosponsored by a local government, a local charitable, nonprofit
				  organization, or a local political organization for the purpose of raising
				  funds for a governmental, charitable, or political purpose.
(5) "Permit holder's authorized agent" means
				  an individual authorized in writing by the spirituous liquor special event
				  permittee to conduct a consumer tasting or consumer tasting event pursuant to
				  the permittee's spirituous liquor special event permit. The individual shall be
				  responsible for the management on the site of the consumer tasting or consumer
				  tasting event, and the supervision of the permittee's or agent's employees or
				  independent contractors offering or pouring tasting samples at the consumer
				  tasting or consumer tasting event.
(6) "Point-of-sale advertising materials"
				  means advertising that is located where the spirituous liquor product is
				  displayed or sampled. Advertising materials may include signs, posters,
				  banners, and decorations that bear product advertising matter. Point-of-sale
				  advertising materials as used in this Section shall not include items listed in
				  14B NCAC
				  15C .0711(c).
(7) "Special event" means either:
(a) an event the spirituous liquor special
				  event permittee participates in that is a trade show, convention, street
				  festival, holiday festival, agricultural festival, balloon race, local
				  fund-raisers, or other similar events approved pursuant to Rule .1302 of this
				  Section, that is for a limited duration of no more than 10 days and organized
				  or sponsored by a person other than the spirituous liquor special event
				  permittee; or
(b) an event of
				  limited duration of no more than 60 days at a shopping mall that is organized
				  and sponsored by the shopping mall or an association of shopping mall merchants
				  as part of a promotion or sale for all merchants in the shopping
				  mall.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter C - INDUSTRY MEMBERS: RETAIL/INDUSTRY MEMBER RELATIONSHIPS: SHIP CHANDLERS: AIR CARRIERS: FUEL ALCOHOL › Section .1300 - SPIRITUOUS LIQUOR TASTING SPECIAL EVENT PERMITS › Section 15C .1302 - OTHER SIMILAR EVENTS APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				  other events not specifically listed in
				  G.S.
				  18B-1114.7, the holder of a spirituous liquor
				  special event permit issued pursuant to
				  G.S.
				  18B-1114.7 shall obtain approval of that
				  other similar event from the Commission prior to the permit holder
				  participating in the event. The Commission's approval of other events under
				  this Rule shall be in writing.
(b)
				  The holder of the permit shall submit a written application for approval to the
				  Commission no less than seven business days prior to the date of the event. The
				  application, available on the Commission's website, includes:
(1) the permit holder's name, business name,
				  spirituous liquor special event permit number, email address, and telephone and
				  fax numbers;
(2) the name, dates,
				  time, location, address, and county of the event;
(3) whether an admission fee will be charged
				  of the attendees by the event sponsor;
(4) the event sponsor's name, address,
				  contact information, event or sponsor's social media link or webpage, and
				  whether the event sponsor is a non-profit organization;
(5) whether the event sponsor holds a special
				  one-time ABC permit pursuant to
				  G.S.
				  18B-1002(a)(2) or (5) and
				  whether alcohol will otherwise be sold or given away at the event;
				  and
(6) the names of other
				  co-sponsors, supporters, vendors, or exhibitors who are expected to participate
				  in the event, and whether those persons hold ABC permits.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter C - INDUSTRY MEMBERS: RETAIL/INDUSTRY MEMBER RELATIONSHIPS: SHIP CHANDLERS: AIR CARRIERS: FUEL ALCOHOL › Section .1300 - SPIRITUOUS LIQUOR TASTING SPECIAL EVENT PERMITS › Section 15C .1303 - TASTINGS HELD FOR CONSUMERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a
				  tasting is conducted pursuant to this Section at an event where the event
				  sponsor holds an ABC permit for that event, the area for conducting the tasting
				  shall be limited to the area of the event covered by the ABC permit. If the
				  tasting is conducted pursuant to this Section at an event where the event
				  sponsor does not hold an ABC permit, the area for conducting the tasting shall
				  be limited to the area allocated or assigned by the event sponsor for the
				  exclusive use of the permittee conducting the tasting.
(b) Each permittee conducting a tasting may
				  give each consumer tasting samples up to the limits set forth in
				  G.S.
				  18B-1114.7(b)(3) or (c)(4),
				  as applicable.
(c) A spirituous
				  liquor special event permittee shall ensure that any employee or agent of the
				  permittee who will be conducting or supervising any tasting conducted pursuant
				  to a spirituous liquor special event permit has completed training that
				  includes:
(1) identification of potential
				  underage consumers;
(2) recognition
				  of fictitious identification;
(3)
				  identification of consumers who are visibly intoxicated;
(4) service of correct sample sizes;
				  and
(5) methods to ensure
				  compliance with
				  G.S.
				  18B-1114.7 in accordance with Rule .1304 of
				  this Section.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter C - INDUSTRY MEMBERS: RETAIL/INDUSTRY MEMBER RELATIONSHIPS: SHIP CHANDLERS: AIR CARRIERS: FUEL ALCOHOL › Section .1300 - SPIRITUOUS LIQUOR TASTING SPECIAL EVENT PERMITS › Section 15C .1304 - SPECIAL EVENT COMPLIANCE PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Either
				  the permittee to whom the spirituous liquor special event permit was issued, or
				  the permit holder's authorized agent, must be present in the area where the
				  tasting is conducted at the time the tasting occurs. A copy of the spirituous
				  liquor special event permit shall be on display in the area where the tasting
				  is conducted. A copy of the authority of the permit holder's authorized agent
				  to act on behalf of the permittee shall be present at the tasting event. A copy
				  of the spirituous liquor special event permit and a copy of the authority of
				  the permit holder's authorized agent to act on behalf of the permittee shall be
				  made available to law enforcement agents upon request.
(b) For other special events approved by the
				  Commission pursuant to Rule .1302 of this Section, a copy of the Commission's
				  approval shall be kept at the tasting for the duration of the tasting and made
				  available to law enforcement agents upon request.
(c) A spirituous liquor special event permit
				  holder shall maintain a written procedure establishing the method to be used by
				  the permit holder and the permit holder's employees or agents to ensure
				  compliance with the requirements of
				  G.S.
				  18B-1114.7(b)(3), (4), and (5), and
				  (c)(4). A copy of the written procedure shall
				  be available at the tasting to the permit holder's employees and designated
				  agents and shall be made available at the tasting to law enforcement agents
				  upon request.
(d) A copy of the
				  written procedure required pursuant to Paragraph (c) of this Rule shall be:
(1) maintained for one year following the
				  tasting;
(2) included as part of
				  the consumer tasting record maintained in accordance with
				  G.S.
				  18B-1114.7(b)(10);
				  and
(3) made available upon request
				  to the Commission and law enforcement agents pursuant to
				  G.S.
				  18B-502.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter C - INDUSTRY MEMBERS: RETAIL/INDUSTRY MEMBER RELATIONSHIPS: SHIP CHANDLERS: AIR CARRIERS: FUEL ALCOHOL › Section .1300 - SPIRITUOUS LIQUOR TASTING SPECIAL EVENT PERMITS › Section 15C .1305 - REPEALED - SPECIAL EVENT SALE OF BRANDED MERCHANDISE, POINT-OF-SALE ADVERTISING MATERIALS AND ADVERTISING SPECIALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1114.7;
Eff.
					 April 1, 2019;
Repealed Eff. November 1,
					 2020.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter C - INDUSTRY MEMBERS: RETAIL/INDUSTRY MEMBER RELATIONSHIPS: SHIP CHANDLERS: AIR CARRIERS: FUEL ALCOHOL › Section .1300 - SPIRITUOUS LIQUOR TASTING SPECIAL EVENT PERMITS › Section 15C .1306 - SPECIAL EVENT PARTICIPATION LIMITATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				  special events in shopping malls, the spirituous liquor special event permittee
				  shall not participate in any single mall more than 10 days cumulatively in any
				  three-month period.
(b) A
				  spirituous liquor special event permittee shall not participate more than 10
				  days cumulatively during a three-month period in a special event sponsored or
				  arranged by the same person or business.
(c) A spirituous liquor special event
				  permittee shall not participate in a special event for which the permittee was
				  the only spirituous liquor special event permittee invited or allowed to
				  participate in the special event.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1114.7;
					 18B-1116;
Eff. April
					 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The Private Protective Services Board is established within
				  the North Carolina Department of Public Safety for the purpose of administering
				  the licensing of and setting the education and training requirements for
				  persons, firms, associations, and corporations engaged in the private
				  protective services businesses within this State.
Authority
				  G.S.
				  74C-4;
Eff. June 1,
				  1984;
Transferred and Recodified from
				  12 NCAC
				  07D .0101 Eff. July 1, 2015;
Amended Eff. October 1, 2015;
Readopted Eff. August 1,
				  2020.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0102 - LOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
The administrative offices of the Private Protective Services
				  Board are located at 3101 Industrial Drive, Suite 104, Raleigh, North Carolina
				  27609, telephone (919) 788-5320.
Authority
				  G.S.
				  74C-4;
				  74C-5;
Eff. June 1,
				  1984;
Amended Eff. July 1, 2012; March 1, 2001; December 1, 1993;
				  December 1, 1987;
Transferred and Recodified from
				  12 NCAC
				  07D .0102 Eff. July 1, 2015;
Amended Eff. November 1, 2017;
Readopted Eff. August 1,
				  2020.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions set forth in G.S. 74C, the
				  following definitions shall apply throughout this Subchapter:
(1) "Agency Head" means the Chairman of the
				Board.
(2) "Applicant" means any
				person, firm, or corporation applying to the Board for a license, trainee
				permit, registration, or firearms trainer certificate.
(3) "Armed Security Guard" means an
				individual employed, full time or part time, by a contract security company or
				a proprietary security organization:
(a) who
				at any time wears, carries, or possesses a firearm in the performance of his or
				her duties; and
(b) whose principal
				duty is that of:
(i) an armed security guard,
				officer, patrol, or watchman;
(ii)
				an armed armored car service guard; or
(iii) an armed courier service
				guard.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0104 - UNIFORMS AND EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule
				applies to holders of a license, trainee permit, unarmed security guard
				registration, armed security guard registration, unarmed armored car service
				guard, armed armored car service guard, or firearms trainer certificates. No
				holder, while engaged in private protective services, shall wear or display any
				badge, insignia, device, shield, patch, or pattern that indicates or tends to
				indicate that the individual is a sworn law enforcement officer or that
				contains or includes the word "police" or the equivalent thereof, or is similar
				in wording to any law enforcement agency in the local area of the licensee's
				operations.
(b) No holder, while
				performing any private security service, shall have or utilize any vehicle or
				equipment displaying the words "law enforcement officer," "police," or the
				equivalent thereof, or have any sign, shield, marking, accessory, or insignia
				that indicates that the vehicle is a vehicle of a law enforcement
				agency.
(c) A holder who is
				required to wear a military style uniform while in the performance of private
				security services shall have:
(1) affixed over
				the left breast pocket of the uniform and on all caps or hats worn by the
				individual, badges or patches, distinct in design from those used by law
				enforcement agencies within the local area of the licensee's
				operations;
(2) affixed over the
				right breast pocket of the uniform a metal, plastic, or cloth tag not less than
				three inches nor more than five inches in length and not less than
				three-fourths inch nor more than one inch in height containing the words
				"Security Guard," "Security Officer," "Armored Car Guard," or "Armored Car
				Officer" in capital letters approximately one-half inch in height;
				and
(3) affixed over the "Security
				Guard," "Security Officer," "Armored Car Guard," or "Armored Car Officer" tag,
				a metal, plastic, or cloth tag bearing the name of the wearer. The name tag may
				be smaller than "Security Guard," "Security Officer," "Armored Car Guard," or
				"Armored Car Officer" tag if it is displayed in capital letters five-sixteenth
				inch to one-half inch in height.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0105 - PROHIBITED ACTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition to
				the prohibited acts set forth elsewhere in these Rules and in Chapter 74C of
				the General Statutes, any licensee, trainee, registrant, or firearms trainer
				who does any of the following may have his or her license, trainee permit,
				registration, or firearms trainer certificate revoked or suspended:
(1) Displays or causes or allows to be
				displayed, or has in his or her possession any cancelled, revoked, suspended,
				fictitious, or fraudulently altered license, trainee permit, registration
				identification card, or firearms trainer certificate, or any document
				simulating, purporting to be, or purporting to have been issued as a license,
				trainee permit, registration identification card, or firearms trainer
				certificate;
(2) Lends his or her
				license, trainee permit, registration identification card, or firearms trainer
				certificate to any person or allows the use thereof by another;
(3) Displays or represents any license,
				trainee permit, registration identification card, or firearms trainer
				certificate not issued to him or her as being his or her license, trainee
				permit, registration identification card, or firearms trainer certificate;
				or
(4) Includes in any
				advertisement a statement that implies official state authorized certification
				or approval other than this statement: "Licensed by the Private Protective
				Services Board of the State of North Carolina." Licensees must include their
				license number.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0106 - DISCIPLINARY ACTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board may
				deny a license, trainee permit, registration, or firearms trainer certificate
				for any violation of G.S. Chapter 74C or this Chapter. The Board may suspend or
				revoke a license, trainee permit, registration, or firearms trainer certificate
				for any violation of G.S. Chapter 74C or this Chapter, provided that the
				violation occurred within three years of the initiation of the Board
				investigation of the violation.
(b)
				The Board may issue a written reprimand to a holder of a license, trainee
				permit, registration identification card, or firearms trainee certificate when
				the Board determines:
(1) the holder has
				violated any of the provision of this Chapter or G.S. Chapter 74C that were
				applicable to the holder;
(2) the
				violation did not result in the physical injury of or property loss to any
				person; and
(3) the holder
				expresses an intention to correct or already has corrected the improper
				activity.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0107 - LAW ENFORCEMENT OFFICERS SPECIAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Law
				enforcement officers may provide security guard and patrol services on an
				individual employer-employee basis to any person, firm, association, or
				corporation that is not engaged in a contract security guard and patrol
				business.
(b) Law enforcement
				officers, while off-duty, may be employed by a licensed security guard and
				patrol business provided the officer is registered with the Board.
(c) A law enforcement officer employed by a
				proprietary security organization at times when the officer is not scheduled
				for work with the employing law enforcement agency shall not be considered as
				being employed regularly and exclusively as an employee in connection with the
				business affairs of the employer.
Authority
				  G.S.
				  74C-5;
				  74C-21;
Eff. June 1,
				  1984;
Amended Eff. December 1, 1985;
Transferred and
				  Recodified from
				  12 NCAC
				  07D .0108 Eff. July 1, 2015;
Readopted Eff. August 1, 2020.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0108 - RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All records for
				an audit or an investigation required to be maintained by G.S. 74C or this
				Chapter shall be subject to inspection by the Director or the Director's
				designee between 8:00 a.m. - 5:00 p.m. Monday through Friday.
(b) Upon written request from the Director or
				the Director's designee, any licensee having registered employees shall submit
				a copy of its quarterly Division of Employment Security reports within 10 days
				of the request.
(c) All records
				required to be kept by this Chapter shall be retained for at least three
				years.
Authority
				  G.S.
				  74C-5;
Eff. June 1,
				  1984;
Amended Eff. February 1, 2010; July 1, 1987;
Transferred and Recodified from
				  12 NCAC
				  07D .0109 Eff. July 1, 2015;
Readopted Eff. August 1, 2020.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0109 - REPEALED - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74C-5;
				  74C-12;
Eff. May 1,
				  1988;
Transferred and Recodified from
				  12 NCAC
				  07D .0111 Eff. July 1, 2015;
Repealed Eff. August 1, 2020.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0110 - REPORTING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If any
				registrant, trainee, certificate holder, employee, subcontractor, or any other
				person providing private protective services on behalf of a licensee is charged
				with any criminal offense that would constitute grounds to deny, suspend, or
				revoke a permit, registration or certificate under this Chapter, the licensee
				shall report the criminal charge to the Board either in person or by telephone
				no later than the first business day following knowledge of the charge. The
				licensee shall provide a copy of the charging document and a written
				explanation to the Board within five business days.
(b) If any licensee, trainee, registrant, or
				certificate holder, or any employee, subcontractor, or any other person
				providing services on behalf of a licensee, trainee, registrant, or certificate
				holder is charged with any criminal offense that would constitute grounds to
				deny, suspend, or revoke a license, registration, or certificate under this
				Chapter, the licensee, trainee, registrant, or certificate holder shall
				self-report the criminal charge to the Board either in person or by telephone
				no later than the first business day following the charge. The licensee,
				trainee, registrant, or certificate holder shall provide a copy of the charging
				document and a written explanation to the Board within five business
				days.
(c) If a licensee, trainee,
				registrant, or certificate holder, or any employee, subcontractor, or any other
				person providing services on behalf of a licensee, trainee, registrant, or
				certificate holder discharges a firearm while engaged in the private protective
				services business, the licensee shall notify the Board either in person or by
				telephone no later than the first business day following the incident. The
				licensee shall also file a written report to the Board within five business
				days of the incident. In the report, the licensee shall state the name of the
				individual who discharged the firearm, the type of weapon discharged, the
				location of the incident, the law enforcement agency investigating the
				incident, the events leading to the discharge of the firearm, and any bodily
				injuries occurring from the incident. This Rule shall not apply to a weapon
				that is discharged during a training course that has been approved by the
				Board.
Authority
				  G.S.
				  74C-5;
Eff. February 1,
				  1995;
Transferred and Recodified from
				  12 NCAC
				  07D .0112 Eff. July 1, 2015;
Readopted Eff. November 1, 2019;
Amended Eff. July 1,
				  2021;
Amended Eff. February 1,
				  2022.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0111 - CHANGE OF ADDRESS OR TELEPHONE NUMBER

Current through Register Vol. 39, No. 2, July 15, 2024
All licensees, registrants, permittees, and trainers must
				  inform the Board of their home address, business street address, home telephone
				  number, and business telephone number and must inform the Board within 15 days
				  of any changes.
Authority
				  G.S.
				  74C-5;
Eff. April 1,
				  1995;
Transferred and Recodified from
				  12 NCAC
				  07D .0113 Eff. July 1, 2015;
Readopted Eff. August 1, 2020.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0112 - SUSPENSION OF AUTHORITY TO EXPEND FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
In the event that the Board's authority to expend funds is
				  suspended pursuant to
				  G.S.
				  93B-2(d), the Board shall
				  continue to issue and renew licenses, registrations, and certifications and all
				  fees tendered shall be placed in an escrow account maintained by the Board for
				  this purpose. Once the Board's authority is restored, the funds shall be moved
				  from the escrow account into the general operating account.
Authority
				  G.S.
				  93B-2(d);
Eff.
				  January 1, 2013;
Transferred and Recodified from
				  12 NCAC
				  07D .0114 Eff. July 1, 2015;
Readopted Eff. August 1, 2020.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0113 - INVOLVEMENT IN ADMINISTRATIVE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
All licensees, registrants, trainees, and trainers shall
				  report to the Board any administrative proceeding commenced against him or her
				  that involves any potential revocation or suspension of, or other disciplinary
				  action against, any private protective service license, permit, certification,
				  or registration that he or she holds in another state. The Board must receive
				  written notice of any such administrative proceeding within 30 days of the date
				  the licensee, registrant, or trainer is notified of the administrative
				  proceeding.
Authority
				  G.S.
				  74C-5;
				  74C-12;
Eff. October
				  1, 2013;
Transferred and Recodified from
				  12 NCAC
				  07D .0115 Eff. July 1, 2015;
Readopted Eff. August 1, 2020;
Amended Eff. July 1,
				  2021.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0114 - APPLICATION COMPLETION DEADLINE

Current through Register Vol. 39, No. 2, July 15, 2024
All photographs, record checks, proof of insurance,
				  explanations of criminal charges, explanations of credit history, or requested
				  documents shall be submitted online through the Board's website by any
				  applicant for a permit, license, registration, or certificate within 60 days of
				  the Board's receipt of the application form or a request from Board staff,
				  whichever is later. Any failure to submit required or requested documents to
				  complete the application process within this 60-day period shall void the
				  application and require re-application.
Authority
				  G.S.
				  74C-2;
				  74C-5;
				  74C-8;
				  74C-8.1;
				  74C-12;
Eff. January
				  1, 2015;
Transferred and Recodified from
				  12 NCAC
				  07D .0116 Eff. July 1, 2015;
Readopted Eff. March 1, 2020.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 16 .0115 - COMPLAINTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person may
				file a complaint against any licensee, trainee, registrant or certificate
				holder, or any unlicensed or unregistered person; acting as or holding himself
				or herself out as a licensee or registrant, for any violation of G.S. 74C or
				14B NCAC
				16, or any violation of State or federal
				criminal law. A complaint form is available on the Board's website at
				www.ncdps.gov/dps-services/complaint/private-protective-services-board or a
				copy may be requested from the Board's office.
(b) The complaint shall set forth all
				relevant facts and the basis for the complainant's belief that the licensee,
				trainee, registrant, certificate holder, or unlicensed or unregistered person,
				is in violation. The complainant shall be willing to be interviewed by the
				Board's investigator, provide any information or documentation to support the
				allegation, and appear and testify necessary before the Grievance Committee or
				at any hearing if requested by the attorney prosecuting the case. An anonymous
				complaint shall be accepted unless the Director determines that it is meritless
				on its face.
(c) The complaint
				shall be filed with the Board online via e-mail, by U.S. Mail, or by
				hand-delivery to the Board's office.
(d) The complaint shall be evaluated by the
				Director or the Director's designee and if it alleges a violation of G.S. 74C
				or 14B
				NCAC 16, shall be assigned to an investigator
				for further substantiation. The results of the investigation shall be reported
				to the Board's Grievance Committee for review and action.
(e) The Director shall notify the complainant
				and the licensee, trainee, registrant, or certificate holder of the initial
				complaint and its final disposition.
Authority
				  G.S.
				  74C-5;
				  74C-6;
				  74C-7;
				  74C-12;
Eff. March 1,
				  2022.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0200 - LICENSES: TRAINEE PERMITS › Section 16 .0201 - APPLICATION FOR LICENSE AND TRAINEE PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each applicant
				for a license or trainee permit shall submit an online application on the
				website provided by the Board. The online application shall be accompanied by:
(1) electronic submission of fingerprints
				from a Live Scan or similar system approved by the State Bureau of
				Investigations or one set of classifiable fingerprints on an applicant
				fingerprint card that shall be mailed separately to the Board's
				office;
(2) one head and shoulders
				digital photograph of the applicant in JPG, JPEG, or PNG format of sufficient
				quality for identification, taken within six months prior to online application
				and submitted by uploading the photograph online with the application
				submission;
(3) a statement of the
				results of a statewide criminal history records search by the reporting service
				designated by the Board pursuant to
				G.S.
				74C-8.1(a) for each state
				where the applicant has resided within the preceding 60 months;
(4) the applicant's non-refundable
				application fee, along with a four dollar ($4.00) convenience fee and a
				separate credit card transaction fee;
(5) the actual cost charged to the Private
				Protective Services Board by the State Bureau of Investigation to cover the
				cost of criminal record checks performed by the State Bureau of Investigation,
				collected online by the Private Protective Services Board;
(6) an Equifax credit check run within 30
				days of the license application submission date, which will be submitted to the
				Board's investigator during the application process; and
(7) five letters attesting to the good
				character and reputation of the applicant using the online character letter
				submission process.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0200 - LICENSES: TRAINEE PERMITS › Section 16 .0202 - FEES FOR LICENSES AND TRAINEE PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Application, license, and trainee permit fees are as follows:
(1) one hundred and fifty dollars ($150.00)
				non-refundable application fee;
(2)
				two hundred fifty dollar ($250.00) annual fee for a new or renewal license,
				unless the applicant is requesting a new license be issued because of a
				transfer to a new company, which shall require a one hundred dollar ($100.00)
				fee for issuance of the new license with the original expiration date in the
				new company name;
(3) two hundred
				fifty dollar ($250.00) annual trainee permit fee;
(4) fifty dollars ($50.00) new or renewal fee
				per year of the license term for each license in addition to the basic
				license;
(5) twenty five dollars
				($25.00) duplicate license fee per year of the license term;
(6) one hundred dollars ($100.00) late
				renewal fee in addition to the renewal fee;
(7) one hundred dollars ($100.00) temporary
				permit fee;
(8) fifty dollars
				($50.00) branch office license fee per year of the license term; and
(9) fifty dollars ($50.00) special limited
				guard and patrol licensee fee.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0200 - LICENSES: TRAINEE PERMITS › Section 16 .0203 - RENEWAL OR RE-ISSUE OF LICENSES AND TRAINEE PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Each applicant for renewal of a license or trainee permit shall submit an
				online renewal application on the website provided by the Board. This online
				application shall be submitted not less than 30 days prior to expiration of the
				applicant's current license or trainee permit and shall be accompanied by:
(1) one head and shoulders digital color
				photograph of the applicant in JPG, JPEG, or PNG format of sufficient quality
				for identification, taken within six months prior to online application and
				submitted by uploading the photograph online with the application
				submission;
(2) upload online a
				statement of the result of a statewide criminal history records search by the
				reporting service designated by the Board pursuant to
				G.S.
				74C-8.1(a) for each state
				where the applicant has resided within the preceding 24 months;
(3) the applicant's renewal fee, along with a
				four dollar ($4.00) convenience fee and credit card transaction fee;
				and
(4) for license applicants,
				proof of liability insurance as set out in
				G.S.
				74C-10(e).
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0200 - LICENSES: TRAINEE PERMITS › Section 16 .0204 - DETERMINATION OF EXPERIENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Experience requirements shall be determined as follows:
(1) one year experience = 1,000
				hours;
(2) two years experience =
				2,000 hours;
(3) three years
				experience = 3,000 hours.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0300 - SECURITY GUARD AND PATROL: GUARD DOG SERVICE › Section 16 .0301 - EXPERIENCE REQUIREMENTS/SECURITY GUARD AND PATROL LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition to the requirements of
				Section .0200 of this Chapter, applicants for a security guard and patrol
				license shall:
(1) establish to the Board's
				satisfaction three years of verifiable experience as a manager, supervisor, or
				administrator with a contract security company or a proprietary security
				organization performing guard and patrol functions;
(2) establish to the Board's satisfaction
				three years of experience as a manager, supervisor, or administrator in
				security with any federal, state, county, or municipal law enforcement agency
				performing guard and patrol functions; or
(3) establish to the Board's satisfaction a
				military occupational specialty and two years of experience within the past
				five years in the U.S. Armed Forces as a manager, supervisor, or administrator
				performing guard and patrol functions.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0300 - SECURITY GUARD AND PATROL: GUARD DOG SERVICE › Section 16 .0302 - EXPERIENCE REQUIREMENTS FOR GUARD DOG SERVICE LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				addition to the requirements of Section .0200 of this Chapter, applicants for a
				guard dog service license shall:
(1) establish
				to the Board's satisfaction two years of verifiable experience as a manager,
				supervisor, administrator, or dog handler with a contract security company or
				proprietary security organization performing guard dog functions;
(2) establish to the Board's satisfaction two
				years of experience as a manager, supervisor, administrator, or dog handler
				with any federal, state, county, or municipal agency performing guard dog
				functions; or
(3) establish to the
				Board's satisfaction a military occupational specialty and two years of
				experience within the past five years in the U.S. Armed Forces as a manager,
				supervisor, or administrator or dog handler performing guard dog
				functions.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0400 - PRIVATE INVESTIGATOR: ELECTRONIC COUNTERMEASURES › Section 16 .0401 - EXPERIENCE REQUIREMENTS FOR A PRIVATE INVESTIGATOR LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition to the requirements of
				G.S.
				74C-8 and Section .0200 of this Chapter,
				applicants for a private investigator license shall:
(1) establish to the Board's satisfaction
				three years of verifiable experience while conducting investigations as set
				forth in G.S. 74C-3(a)(8)
				with a contract security company or with a private person, firm, association,
				or corporation;
(2) establish to
				the Board's satisfaction three years of verifiable experience while conducting
				investigations as set forth in
				G.S.
				74C-3(a)(8) while serving in
				an investigative capacity as defined in Rule .0103(10) of this Chapter with any
				federal, state, county, municipal law enforcement agency, or other governmental
				agency; or
(3) establish to the
				Board's satisfaction a military occupational specialty and two years of
				verifiable experience within the past five years in the U.S. Armed Forces while
				conducting investigations as set forth in
				G.S.
				74C-3(a)(8) while serving in
				an investigative capacity as defined in Rule .0103(10) of this
				Chapter.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0400 - PRIVATE INVESTIGATOR: ELECTRONIC COUNTERMEASURES › Section 16 .0402 - EXPERIENCE REQUIREMENTS FOR AN ELECTRONIC COUNTERMEASURES LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the requirements of Section .0200 of this
				  Chapter, applicants for an electronic countermeasures license shall:
(1) establish to the Board's satisfaction
				three years of experience in electronic countermeasures; or
(2) have successfully completed a course in
				electronic countermeasures given by a school specializing in electronic
				countermeasures that consists of a minimum of 40 hours of actual classroom
				instruction.
Authority
				  G.S.
				  74C-5;
Eff. June 1,
				  1984;
Amended Eff. July 1, 2009; January 4, 1994; July 1,
				  1987;
Transferred and Recodified from
				  12 NCAC
				  07D .0402 Eff. July 1, 2015;
Readopted Eff. August 1, 2020.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0400 - PRIVATE INVESTIGATOR: ELECTRONIC COUNTERMEASURES › Section 16 .0403 - TRAINEE PERMIT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition to
				the requirements of Section .0200 of this Chapter, applicants for a trainee
				permit in private investigation, electronic countermeasures, or digital
				forensics examination shall be directly supervised by a licensee and that
				supervisor shall be responsible for the training and other professional
				activities of the trainee.
(b)
				Trainees who wish to apply for a license must submit an application to the
				Board in accordance with Rule .0201 of this Chapter.
(c) Private investigator, electronic
				countermeasures, or digital forensics examination trainees shall maintain a log
				on a form provided by the Board on its website as evidence of which sets forth
				the case number, date, work or training activity and the number of hours. The
				log shall be signed and dated by both the trainee and the sponsor. This log
				must be available for inspection by Board staff when applying for a
				license.
(d) Any request for
				renewal of a trainee permit or for issuance of a license shall be accompanied
				by an evaluation report of the trainee's performance on a form provided by the
				Board on its website and submitted by the trainee's supervisor.
Authority
				  G.S.
				  74C-2;
				  74C-5;
Eff. June 1,
				  1984;
Amended Eff. December 1, 1985;
Transferred and
				  Recodified from
				  12 NCAC
				  07D .0403 Eff. July 1, 2015;
Readopted Eff. August 1, 2020.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0400 - PRIVATE INVESTIGATOR: ELECTRONIC COUNTERMEASURES › Section 16 .0404 - REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition to
				the requirements in
				G.S.
				74C-12(a)(20), private
				investigators shall make and offer to each client a written report containing
				the findings and details of the investigation within 30 days after the
				completion of the investigation for which the client has paid the investigator
				for the services. The licensee shall retain a copy of the written report, and
				if provided to the client, proof of such delivery.
(b) Descriptive reports, chronological
				reports, cover letters, and itemized invoices to the client shall be personally
				signed by a licensee. The file copy shall reflect the names of all
				participating employees and a description of the work performed by each one.
				These documents shall be retained by the licensee who signed the
				report.
Authority
				  G.S.
				  74C-5;
Eff. June 1,
				  1984;
Amended Eff. October 1, 2010; July 1, 1987;
Transferred and Recodified from
				  12 NCAC
				  07D .0404 Eff. July 1, 2015;
Readopted Eff. August 1, 2020;
Amended Eff. July 1, 2022; July 1,
				  2021.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0400 - PRIVATE INVESTIGATOR: ELECTRONIC COUNTERMEASURES › Section 16 .0405 - PRIVATE INVESTIGATOR'S USE OF A BADGE

Current through Register Vol. 39, No. 2, July 15, 2024
While engaged in his or her official duties, a private
				  investigator shall be allowed to carry, possess, and display the badge set
				  forth in this Rule. The badge shall be a duplicate of the badge shown below
				  except for the licensee's name and license number. The badge shall be gold with
				  dark blue lettering. Any deviation from this design shall be deemed an
				  unauthorized badge and may constitute a violation of
				  G.S.
				  74C-12(a) and this Rule. The
				  badge shall be carried in a folding pocket case with the badge displayed on one
				  side of the case and the private investigator's pocket credential issued by the
				  Board displayed on the opposite side of the case. In no instance may the badge
				  be displayed, even in a case, openly on the breast pocket, the belt, a neck
				  lanyard, or any other open carry or possession.
Click
				  here to view image
Authority
				  G.S.
				  74C-5(12);
Eff.
				  May 1, 2010;
Transferred and Recodified from
				  12 NCAC
				  07D .0405 Eff. July 1, 2015;
Readopted Eff. August 1, 2020;
Amended Eff. July 1,
				  2021.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0500 - POLYGRAPH › Section 16 .0501 - EXPERIENCE REQUIREMENTS FOR A POLYGRAPH LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition
				to the requirements of Section .0200 of this Chapter, applicants for a
				polygraph license shall:
(1) pass an
				examination and a performance test administered by a panel of polygraph
				examiners appointed by an entity designated by the Board;
(2) successfully complete a course of
				instruction at any polygraph school approved by the American Polygraph
				Association, the American Association of Police Polygraphists, or the Board;
				and
(3) have either:
(A) one year of verifiable polygraph
				experience; or
(B) complete at
				least six months of training as a holder of a polygraph trainee permit, and
				have administered no fewer than 50 polygraph examinations; or
(4) establish to the Board's
				satisfaction a military occupational specialty and two years of verifiable
				experience within the past five years in the U.S. Armed Forces performing
				polygraph examinations.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0500 - POLYGRAPH › Section 16 .0502 - POLYGRAPH TRAINEE PERMIT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the requirements of Section .0200 of this
				  Chapter, the following requirements shall apply to polygraph trainees:
(1) The applicant shall successfully complete
				a formal course of instruction at any polygraph school approved by the American
				Polygraph Association, the American Association of Police Polygraphists, or the
				Board. A list of approved schools can be found at:
https://www.ncdps.gov/list-polygraph-schools
;
(2) The applicant shall be directly
				supervised by a polygraph examiner approved by the Board and that examiner
				shall supervise no more than three trainees at any given time;
(3) An individual currently enrolled in a
				polygraph school may conduct examinations as a part of the course curriculum
				provided the examinations are on school premises, under the direct one-on-one
				supervision of a polygraph licensee, and the school provides written notice to
				the client that such examinations are being conducted by students and not by
				licensed polygraph examiners. The school shall maintain a copy of the written
				notification;
(4) Trainees who wish
				to apply for a license must submit an application to the Board in accordance
				with Rule .0201 of this Chapter. Applicants meeting license qualifications
				within one year of the issuance of a trainee permit shall not be required to
				pay an additional application fee;
(5) Any request for renewal of a trainee
				permit or for issuance of a polygraph license shall be accompanied by an
				evaluation report of the trainee's performance submitted by the trainee's
				supervisor; and
(6) In addition to
				the final evaluation report, supervisors shall submit five monthly evaluation
				reports over the duration of the traineeship on a checklist provided by the
				Board.
Authority
				  G.S.
				  74C-5;
Eff. June 1,
				  1984;
Amended Eff. May 1, 2014; December 1, 1985;
Transferred and Recodified from
				  12 NCAC
				  07D .0502 Eff. July 1, 2015;
Readopted Eff. March 1, 2020.