North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 02 - OFFICE OF THE ATTORNEY GENERAL › Subchapter I - COMPANY AND RAILROAD POLICE › Section .0200 - COMMISSIONING › Section 02I .0202 - MINIMUM STANDARDS FOR COMPANY POLICE OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every
				  company police officer must meet the following requirements to obtain and
				  maintain a company police commission:
(1) be
				  a citizen of the United States;
(2)
				  be a high school graduate (means graduation from a high school that meets the
				  compulsory attendance requirements in the jurisdiction in which the school is
				  located), or have passed the General Educational Development Test indicating
				  high school equivalency; A specific exception to this educational requirement
				  is granted to:
(A) an applicant who was the
				  holder of a valid company police commission on June 30, 1972; or
(B) an applicant certified as a law
				  enforcement officer by the Criminal Justice Education and Training Standards
				  Commission on March 14, 1973.
In either case, the exception is not applicable if the
					 applicant has had more than a 12 month break in service;
(3) have attained a score of not
				  less than 80 percent on a written examination of basic knowledge of laws of
				  arrest, search, and investigation, and of the rules in this Subchapter to be
				  administered by a representative of the North Carolina Department of Justice.
				  The Company Police Administrator shall advise in writing of test dates and
				  sites at least five days prior to the examination. In the event an applicant
				  fails to successfully complete the examination, only one re-test is allowed.
				  Upon an applicant's failure to successfully complete the second test, the
				  applicant must successfully complete certified Basic Law Enforcement Training
				  coursework prior to re-testing, pursuant to
				  12 NCAC
				  09C .0402;
(4) meet the minimum standards for criminal
				  justice officers established by the North Carolina Criminal Justice Education
				  and Training Standards Commission, appearing in Title 12, Chapter 09 of the
				  North Carolina Administrative Code; which Standards are hereby incorporated by
				  reference, and shall automatically include any later amendments and editions of
				  the referenced material;
(5)
				  applicants who do not hold general certification as a law enforcement officer
				  issued by the Criminal Justice Education and Training Standards Commission or
				  the North Carolina Sheriff's Education and Training Standards Commission, must
				  submit to and successfully complete a polygraph examination administered by the
				  State Bureau of Investigation;
(6)
				  be at least 20 years of age;
(7)
				  have produced a negative result on a drug screen administered according to the
				  following specifications:
(A) the drug screen
				  shall be a urine test consisting of an initial screening test using an
				  immunoassay method and a confirmatory test on an initial positive test result
				  using a gas chromatography mass spectrometry (GC/MS) or other initial and
				  confirmatory tests as may, from time to time, be authorized or mandated by the
				  Department of Health and Human Services for Federal Workplace Drug Testing
				  Programs;
(B) a chain of custody
				  shall be maintained on the specimen from collection to the eventual discarding
				  of the specimen;
(C) the drugs
				  whose use shall be tested for shall include cannabis, cocaine, phencyclidine
				  (PCP), opiates and amphetamines or their metabolites;
(D) the test threshold values established by
				  the Department of Health and Human Services for Federal Workplace Drug Testing
				  Programs are hereby incorporated by reference, and shall automatically include
				  any later amendments and editions of the referenced material;
(E) the test conducted shall be not more than
				  60 days old, calculated from the time when the laboratory reports the results
				  to the date of employment;
(F) the
				  laboratory conducting the test must be nationally certified for federal
				  workplace drug testing programs by the Substance Abuse and Mental Health
				  Services Administration, Center for Substance Abuse Prevention, Division of
				  Workplace Programs, and must adhere to applicable federal rules, regulations
				  and guidelines pertaining to the handling, testing, storage and preservation of
				  samples, except that individual agencies may specify other drugs to be tested
				  for in addition to those drugs set out in Part (C) of this Subparagraph;
				  and
(G) every agency head shall
				  arrange for a licensed physician to review drug tests reported by the
				  laboratory;
(8) notify
				  the Company Police Administrator in writing of all criminal offenses for which
				  the officer is arrested for or charged with, pleads no contest, pleads guilty,
				  or is found guilty of, as well as all Domestic Violence Orders (50B) which are
				  issued by a judicial official. This includes all criminal offenses except minor
				  traffic infraction offenses and specifically includes any offense of Driving
				  Under the Influence (DUI) or Driving While Impaired (DWI). A minor traffic
				  offense is defined, for purposes of this Subparagraph as an offense where the
				  maximum punishment allowable is 60 days or less. The notifications required for
				  an arrest or charge must specify the nature of the offense and date of arrest
				  or charge. Further notifications required must specify the nature of the
				  offense, the court in which the case was handled and the date of the conviction
				  or adjudication. All notifications must be received by the Company Police
				  Administrator within five days of the date of the arrest or charge and case
				  disposition. Applicants and officers required to notify the Company Police
				  Administrator under this Subparagraph shall also make the same notification to
				  their Department Head within five days of the date the case was disposed of in
				  court. However, the notification to the Company Police Administrator does not
				  excuse the officer from making an independent notification otherwise required
				  by either the Criminal Justice Education and Training Standards Commission or
				  the Sheriffs' Education and Training Standards Commission. The notifications
				  required by this Subparagraph are required while the application is pending as
				  well as, subsequent to a commission being issued;
(9) be of good moral character within the
				  meaning of:
In re Willis
, 288 N.C. 1, 215 S.E.2d 771 appeal
				  dismissed 423 U.S.
				  076 (1975;
State v. Harris,
216 N.C. 746, 6 S.E.2d 854 (1940);
In re Legg,
325 N.C. 658,
				  386 S.E.2d 174 (1989);
In re Applicants for License,
143 N.C.
				  1, 55 S.E. 635 (1906);
In re Dillingham,
188 N.C. 162, 124
				  S.E. 130 (1924);
State v. Benbow,
309 N.C. 538, 308 S.E.2d 647
				  (1983); and their progeny;
(10) not
				  have committed or been convicted of a crime or crimes as specified in
				  12 NCAC
				  02I .0212(a) or (b), such
				  that the applicant would be ineligible for commissioning as a Company Police
				  officer; and
(11) submit to a
				  background investigation as specified in
				  12 NCAC
				  02I .0205.