North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 09 - CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS › Subchapter G - MINIMUM STANDARDS FOR CRIMINAL JUSTICE SCHOOL DIRECTORS › Section .0500 - ENFORCEMENT OF RULES › Section 09G .0504 - SUSPENSION: REVOCATION: OR DENIAL OF CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Commission shall revoke the certification of a correctional officer or
				  probation/parole officer when the Commission finds that the officer has
				  committed or been convicted of a felony offense.
(b) The Commission shall deny the
				  certification of a correctional officer when the Commission finds the officer
				  has been convicted of a felony.
(c)
				  The Commission shall deny the certification of a probation/parole officer when
				  the Commission finds the officer has committed or been convicted of a felony
				  offense.
(d) The Commission may,
				  based on the evidence for each case, suspend, revoke, or deny the certification
				  of a corrections officer, as defined in
				  12 NCAC
				  09G .0102(4) when the
				  Commission finds that the applicant for certification or the certified officer:
(1) has not enrolled in and completed with
				  passing scores the required basic training course in its entirety in time
				  periods prescribed in
				  12 NCAC
				  09G .0400 applicable to a specified position
				  or job title;
(2) fails to meet or
				  maintain one or more of the employment standards required by
				  12 NCAC
				  09G .0200 for the category of the officer's
				  certification or fails to meet or maintain one or more of the training
				  standards required by
				  12 NCAC
				  09G .0400 for the category of the officer's
				  certification;
(3) for correctional
				  officers as defined in
				  12 NCAC
				  09G .0102(3), have been
				  convicted of a Class B misdemeanor as defined in
				  12 NCAC
				  09G .0102(12)(b) within a
				  three year period prior to the date of application for employment or have
				  completed any corrections supervision imposed by the courts for such crimes
				  within three years of issuance of certification, whichever is later;
(4) for correctional officers as defined in
				  12 NCAC
				  09G .0102(3), have committed
				  or been convicted of a Class B misdemeanor as defined in
				  12 NCAC
				  09G .0102(12)(b) after
				  certification;
(5) for
				  probation/parole officers as defined in
				  12 NCAC
				  09G .0102(12), have
				  committed or been convicted of a Class B misdemeanor as defined in
				  12 NCAC
				  09G .0102(12)(b) for a three
				  year period prior to the date of application for employment or after
				  certification have completed any corrections supervision imposed by the courts
				  for such crimes within three years of issuance of certification;
(6) has been discharged by the North Carolina
				  Department of Adult Correction for:
(A)
				  commission or conviction of a motor vehicle offense requiring the revocation of
				  the officer's drivers license; or
(B) lack of good moral character as defined
				  in 12
				  NCAC 09G .0206;
(7) has been discharged by the North Carolina
				  Department of Public Safety, Division of Adult Correction and Juvenile Justice
				  because the officer lacks the mental or physical capabilities to fulfill the
				  responsibilities of a corrections officer;
(8) has knowingly made a material
				  misrepresentation of any information required for certification or
				  accreditation;
(9) has knowingly
				  and willfully, by any means of false pretense, deception, fraud,
				  misrepresentation, or cheating whatsoever, obtained or attempted to obtain
				  credit, training, or certification from the Commission;
(10) has knowingly and willfully, by any
				  means of false pretense, deception, fraud, misrepresentation, or cheating
				  whatsoever, aided another person in obtaining or attempting to obtain credit,
				  training, or certification from the Commission;
(11) has failed to notify the Standards
				  Division of all criminal charges or convictions as required by
				  12 NCAC
				  09G .0208 or
				  09G .0209;
(12) has been removed from office by decree
				  of the Superior Court in accord with the provisions of
				  G.S.
				  128-16 or has been removed from office by
				  sentence of the court in accord with the provisions of
				  G.S.
				  14-230;
(13) has refused to submit to an applicant
				  drug screen as required by
				  12 NCAC
				  09G .0206; or has refused to submit to an
				  in-service drug screen pursuant to the guidelines set forth in the Drug
				  Screening Implementation Guide as required by the Department of Public Safety,
				  Division of Adult Correction and Juvenile Justice;
(14) has produced a positive result on a drug
				  screen reported to the Commission as specified in
				  12 NCAC
				  09G .0206, where the positive result cannot
				  be explained to the Commission's satisfaction. For the purposes of this Rule,
				  "to the Commission's satisfaction" shall be determined on a case-by-case basis,
				  and the use of a prescribed drug shall be satisfactory; or
(15) has been denied certification or had
				  such certification suspended or revoked by a previous action of the North
				  Carolina Criminal Justice Education and Training Standards Commission, the
				  North Carolina Company Police Program, the North Carolina Campus Police
				  Program, the North Carolina Sheriffs' Education and Training Standards
				  Commission, or a similar North Carolina, out of state, or federal approving,
				  certifying, or licensing agency whose function is the same or similar to the
				  agencies if the certification was denied, suspended, or revoked based on
				  grounds that would constitute a violation of this
				  Subchapter.