North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 09 - CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS › Subchapter B - STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT: EDUCATION: AND TRAINING › Section .0400 - MINIMUM STANDARDS FOR COMPLETION OF TRAINING › Section 09B .0403 - EVALUATION FOR TRAINING WAIVER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Standards Division staff shall evaluate each law enforcement officer's training
				  and experience to determine if equivalent training has been completed as
				  specified in Rule .0402(a) of this Section. Applicants for certification with
				  prior law enforcement experience shall have been employed in a full-time, sworn
				  law enforcement position in order to be considered for training evaluation
				  under this Rule. Applicants for certification with a combination of full-time
				  and part-time experience shall be evaluated on the basis of the full-time
				  experience only. The determination of full time or part time is determined by
				  the employing agency who submits the applicant's certification documents. For
				  the purposes of this Rule, equivalent training is the topics of instruction
				  successfully completed at a federal, military or out of state law enforcement
				  training academy. The following criteria shall be used by Standards Division
				  staff in evaluating a law enforcement officer's training and experience to
				  determine eligibility for a waiver of training requirements:
(1) Persons having completed a
				  Commission-accredited Basic Law Enforcement Training Course and not having been
				  duly appointed and sworn as a law enforcement officer within one year of
				  completion of the course shall complete a subsequent Commission-accredited
				  Basic Law Enforcement Training Course, as prescribed in Rule .0405(a) of this
				  Section, and shall achieve a passing score on the State Comprehensive
				  Examination prior to obtaining probationary law enforcement certification,
				  unless the Director determines that a delay in applying for certification was
				  not due to inaction or fault on the part of the applicant, in which case the
				  Director shall accept a Commission-accredited Basic Law Enforcement Training
				  Course that is over one year old. The appointing agency shall request in
				  writing the extension of the one year period, which shall not exceed 30 days
				  from the first year anniversary of the passing of the State Comprehensive
				  Examination;
(2) Out-of-state
				  transferees shall be evaluated to determine the amount and quality of their
				  training and experience. Out-of-state transferees shall not have a break in
				  service exceeding three years. At a minimum, out-of-state transferees shall
				  have two years' full-time, sworn law enforcement experience and have completed
				  a basic law enforcement training course accredited by the transferring state.
				  An individual's attendance at his or her basic law enforcement class shall not
				  count towards the two years' full-time sworn law enforcement experience. Prior
				  to employment as a certified law enforcement officer, out-of-state transferees
				  shall complete with a passing score the employing agency's in-service firearms
				  training and qualification program as prescribed in
				  12 NCAC
				  09E .0106. In addition, out-of-state
				  transferees shall complete the Legal Unit in a Commission-accredited Basic Law
				  Enforcement Training Course as prescribed in Rule .0205(b)(1) of this
				  Subchapter and shall achieve a passing score on the State Comprehensive
				  Examination within the 12 month probationary period;
(3) Persons who have completed a 369-hour
				  Commission-accredited Basic Law Enforcement Training Course under guidelines
				  administered beginning October 1, 1984, have been separated from a sworn
				  position for over one year but less than three years, and who have had a
				  minimum of two years' experience as a full-time, sworn law enforcement officer
				  in North Carolina shall complete the Legal Unit in a Commission-accredited
				  Basic Law Enforcement Training Course as prescribed in Rule .0205(b)(1) of this
				  Subchapter and shall achieve a passing score on the State Comprehensive
				  Examination within the 12 month probationary period. Prior to employment as a
				  certified law enforcement officer, these persons shall complete with a passing
				  score the employing agency's in-service firearms training and qualification
				  program as prescribed in
				  12 NCAC
				  09E .0106;
(4) Persons who have completed a 396-hour
				  Commission-accredited Basic Law Enforcement Training Course under guidelines
				  administered beginning October 1, 1984, have been separated from a sworn
				  position more than one year but less than five years and who have a minimum of
				  two years' experience as a full-time, sworn law enforcement officer in North
				  Carolina, who have not committed, as defined in
				  12 NCAC
				  09A .0103(5), or been
				  convicted of a disqualifying criminal offense as listed in Rule .0111(a) of
				  this Subchapter, and who have successfully completed the mandatory in-service
				  training requirements pursuant to
				  12 NCAC
				  09E .0105 or
				  12 NCAC
				  10B .2005, with the exception of Firearms
				  Training and Requalification, during each year the person was separated from a
				  sworn position prior to employment as a certified law enforcement officer shall
				  complete the topic areas within the following time frames:
(A) Prior to employment as a certified law
				  enforcement officer, the person shall complete the appointing agency's
				  in-service firearms training and qualification program as prescribed in
				  12 NCAC
				  09E .0106;
(B) Prior to employment as a certified law
				  enforcement officer, the person shall achieve a passing score on the practical
				  skills testing for the First Responder, Law Enforcement Driver Training, and
				  Subject Control Arrest Techniques topics set forth in Rule .0205(b)(5) of this
				  Subchapter. The person shall also successfully complete the Police Officer
				  Physical Abilities Test. The practical skills testing and the Police Officer
				  Physical Abilities Test may be completed either in a Commission-accredited
				  Basic Law Enforcement Training Course or under the instruction of a
				  Commission-certified instructor for that particular skill. The person shall
				  also meet the requirements per Rule .0101 of this Subchapter; and
(C) Within 12 months of being issued
				  probationary certification, the person shall complete the remaining topics in
				  the legal unit of instruction in the Commission-accredited Basic Law
				  Enforcement Training Course as set forth in Rule .0205(b)(1) of this
				  Subchapter. The person shall achieve a passing score on the appropriate topic
				  tests for each course. The person may undertake each of these legal unit topics
				  of instruction either in a Commission-accredited Basic Law Enforcement Training
				  Course or under the instruction of a Commission-certified instructor for that
				  particular topic of instruction.
An individual's attendance at his or her basic law
					 enforcement class shall not count towards the two years' full-time sworn law
					 enforcement experience. Persons who meet the criteria of this Part shall be
					 processed as a probationary certification and shall serve a one-year
					 probationary period as defined in
					 12 NCAC
					 09C .0303;
(5) Persons who have been separated from a
				  sworn position for over one year but less than three years who have had less
				  than two years' experience as a full-time, sworn law enforcement officer in
				  North Carolina shall complete a Commission-accredited Basic Law Enforcement
				  Training Course, as prescribed in Rule .0405(a) of this Section, and achieve a
				  passing score on the State Comprehensive Examination;
(6) Persons who have been separated from a
				  sworn position for over three years who do not meet the criteria of
				  Subparagraph (4) of this Paragraph shall complete a Commission-accredited Basic
				  Law Enforcement Training Course, as prescribed in Rule .0405(a) of this
				  Section, regardless of prior training or experience, and shall achieve a
				  passing score on the State Comprehensive Examination;
(7) Persons who have been separated from a
				  sworn law enforcement position during their probationary period after having
				  completed a Commission-accredited Basic Law Enforcement Training Course and who
				  have been separated from a sworn law enforcement position for more than one
				  year shall complete a subsequent Commission-accredited Basic Law Enforcement
				  Training Course and shall achieve a passing score on the State Comprehensive
				  Examination;
(8) Upon reappointment
				  to the same agency or appointment to another agency, persons who have been
				  separated from a sworn law enforcement position during their probationary
				  period after having completed a Commission-accredited Basic Law Enforcement
				  Training Course shall be charged with the cumulative amount of time served
				  during his initial or subsequent appointments and allowed the remainder of the
				  probationary period to complete Commission requirements, but shall not be
				  required to complete an additional Commission-accredited Basic Law Enforcement
				  Training Course;
(9) Persons who
				  have completed a minimum 160-hour basic law enforcement training program
				  accredited by the North Carolina Criminal Justice Training and Standards
				  Council under guidelines administered beginning on July 1, 1973, and continuing
				  through September 30, 1978, and who have been separated from a sworn law
				  enforcement position for over one year but less than two years shall complete
				  the Legal Unit and the topical area entitled "Law Enforcement Driver Training"
				  of a Commission-accredited Basic Law Enforcement Training Course as prescribed
				  in Rule .0205(b)(1) and .0205(b)(5)(C) of this Subchapter and shall achieve a
				  passing score on the State Comprehensive Examination within the 12 month
				  probationary period;
(10) Persons
				  who have completed a minimum 160-hour basic law enforcement training program
				  accredited by the North Carolina Criminal Justice Training and Standards
				  Council under guidelines administered beginning on July 1, 1973, and continuing
				  through September 30, 1978, and have been separated from a sworn law
				  enforcement position for two or more years shall complete a
				  Commission-accredited basic training program, as prescribed in Rule .0405 of
				  this Section, regardless of training and experience, and shall achieve a
				  passing score on the State Comprehensive Examination;
(11) Persons who have completed a minimum
				  240-hour Commission-accredited Basic Law Enforcement Training Course under
				  guidelines administered beginning October 1, 1978, and continuing through
				  September 30, 1984, and have been separated from a sworn position over one year
				  but less than three years shall complete the Legal Unit in a
				  Commission-accredited Basic Law Enforcement Training Course as prescribed in
				  Rule .0205(b)(1) of this Subchapter and shall achieve a passing score on the
				  State Comprehensive Examination within the 12 month probationary
				  period;
(12) Persons previously
				  holding law enforcement certification in accordance with
				  G.S.
				  17C-10(a) who have been
				  separated from a sworn law enforcement position for over one year and who have
				  not previously completed a minimum basic training program accredited by either
				  the North Carolina Criminal Justice Training and Standards Council or the
				  Commission shall complete a Commission-accredited Basic Law Enforcement
				  Training Course, as prescribed in Rule .0405 of this Section, and shall achieve
				  a passing score on the State Comprehensive Examination prior to
				  employment;
(13) Individuals
				  seeking certification with the Commission who have performed duties for the
				  Federal Government as a Criminal Investigator (GS 1811) as defined in the
				  Office of Personnel Management General Schedule, Qualification Standards
				  (
https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/1800/criminal-investigation-series-1811/
),
				  who have not had a break in service exceeding three years, shall be evaluated
				  to determine the amount and quality of their training and experience. For the
				  purposes of this Rule, equivalent training is the topics of instruction
				  successfully completed at a federal, military, or out of state law enforcement
				  training academy. The following criteria shall be used by Standards Division
				  staff in Division staff in evaluating a law enforcement officer's training and
				  experience to determine eligibility for a waiver of training requirements. At a
				  minimum, individuals shall have two years' full-time, sworn law enforcement
				  experience and have completed a basic law enforcement training course as
				  required by their appointing federal agency. Prior to employment as a certified
				  law enforcement officer, these individuals shall complete with a passing score
				  the employing agency's in-service firearms training and qualification program
				  as prescribed in
				  12 NCAC
				  09E .0106. These individuals shall complete
				  the Basic Law Enforcement Training topics pursuant to
				  12 NCAC
				  09B .0205(b)(1)(A), (b)(1)(C), (b)(1)(D), (b)(1)(F),
				  (b)(2)(A), (b)(2)(C), (b)(2)(E), (b)(2)(F), (b)(2)(I), (b)(3)(B), (b)(3)(D),
				  (b)(4)(E), (b)(5)(A), (b)(6)(A), (b)(6)(B),
				  (b)(6)(C), and shall achieve a passing score
				  on the State Comprehensive Examination pursuant to
				  12 NCAC
				  09B .0406 within the 12 month probationary
				  period. Individuals who submit to the Commission documentation of completion of
				  training equivalent to the topics set forth in
				  12 NCAC
				  09B .0205(b)(2)(A), (b)(2)(C), (b)(2)(E), (b)(2)(F),
				  (b)(2)(I), (b)(3)(B), (b)(3)(D), (b)(4)(E), (b)(5)(A), (b)(6)(A),
				  (b)(6)(B), and (b)(6)(C) shall not be
				  required to complete those topics;
(14) Federal law enforcement transferees
				  other than those listed in Subparagraph (a)(13) of this Rule who have not had a
				  break in service exceeding three years shall be evaluated to determine the
				  amount and quality of their training and experience. At a minimum, federal law
				  enforcement officers shall have two years' full-time, sworn law enforcement
				  experience and have completed a basic law enforcement training course as
				  required by their appointing federal agency. Prior to employment as a certified
				  law enforcement officer, transferees shall complete with a passing score the
				  employing agency's in-service firearms training and qualification program as
				  prescribed in
				  12 NCAC
				  09E .0106. At a minimum, transferees shall
				  complete the Legal Unit in a Commission-accredited Basic Law Enforcement
				  Training Course as prescribed in Rule .0205(b)(1) of this Subchapter and shall
				  achieve a passing score on the State Comprehensive Examination within 12 month
				  probationary period;
(15)
				  Applicants with part-time experience who have a break in service in excess of
				  one year shall complete a Commission-accredited Basic Law Enforcement Training
				  Course, as prescribed in Rule .0405 of this Section, and shall achieve a
				  passing score on the State Comprehensive Examination prior to
				  employment;
(16) Applicants who
				  hold or previously held certification issued by the North Carolina Sheriffs'
				  Education and Training Standards Commission (Sheriffs' Commission) shall be
				  subject to evaluation based on the applicant's active or inactive certification
				  status with the Sheriffs' Commission and the standards contained in Parts (A)
				  through (D) of this Subparagraph. A deputy sheriff certified with the Sheriffs'
				  Commission shall be considered active if he or she has been employed in a
				  full-time, sworn law enforcement position during the previous 12 months. A
				  deputy sheriff certified with the Sheriffs' Commission shall be considered
				  inactive if he or she has not been employed in a full-time, sworn law
				  enforcement position during the previous 12 months.
(A) The Standards Division shall issue
				  certification to an applicant holding active general certification with the
				  Sheriffs' Commission provided that the applicant:
(i) Does not have a break in service of
				  greater than 12 months;
(ii) Has
				  completed the mandatory in-service training requirements pursuant to
				  12 NCAC
				  10B .2005 for each year certification was
				  held; and
(iii) Held active status
				  with the Sheriffs' Commission within 12 months of the date the applicant
				  achieved a passing score on the Basic Law Enforcement Training State
				  Comprehensive Examination.
(B) The Standards Division shall issue
				  certification to an applicant holding inactive certification with the Sheriffs'
				  Commission provided that the applicant:
(i)
				  Holds inactive probationary or general certification with the Sheriffs'
				  Commission;
(ii) Has served a
				  minimum of 24 months of full time sworn service or does not have a break in
				  service of greater than 12 months;
(iii) Has completed the mandatory in-service
				  training requirements pursuant to
				  12 NCAC
				  10B .2005, with the exception of Firearms
				  Training and Requalification; and
(iv) Held active status with the Sheriffs'
				  Commission within 12 months of the date the applicant achieved a passing score
				  on the Basic Law Enforcement Training State Comprehensive
				  Examination.
(C) An
				  applicant awarded certification with the Sheriffs' Commission by means of the
				  Sheriffs' Standards BLET Challenge as prescribed in
				  12 NCAC
				  10B .0505(6)(b) shall meet
				  the following requirements in order to obtain probationary certification from
				  the Commission:
(i) Have a minimum of 24
				  months of sworn, full-time law enforcement service;
(ii) Not have a break in service of greater
				  than 12 months; and
(iii) Have
				  completed all mandatory in-service requirements pursuant to
				  12 NCAC
				  10B .2005 during the previous two
				  years.
(D) An applicant
				  who is a criminal justice officer, as defined in
				  G.S.
				  17C-2(3), and who is elected
				  Sheriff shall be reinstated by the Commission upon the conclusion of the period
				  of service as Sheriff and in conformance with
				  12 NCAC
				  09C .0303;
(17) Alcohol law enforcement agents who
				  received basic alcohol law enforcement training prior to November 1, 1993, and
				  transfer to another law enforcement agency in a sworn capacity shall be subject
				  to evaluation of their prior training and experience on an individual basis.
				  The Standards Division staff shall determine the amount of training required of
				  these applicants, based upon the type of certification held by the applicant
				  and the length of any break in the applicant's sworn, full-time
				  service;
(18) Wildlife enforcement
				  officers who separate from employment with the Wildlife Enforcement Division
				  and transfer to another law enforcement agency in a sworn capacity shall be
				  subject to evaluation of their prior training and experience on an individual
				  basis. The Standards Division staff shall determine the amount of training
				  required of these applicants, based upon the type of certification held by the
				  applicant and the length of any break in the applicant's sworn, full-time
				  service;
(19) Active duty, guard,
				  or reserve military members failing to complete all of the required annual
				  in-service training topics, as defined in
				  12 NCAC
				  09E .0105 of this Chapter, due to military
				  obligations are subject to the following training requirements as a condition
				  for return to active criminal justice status. The agency head shall verify the
				  person's completion of the appropriate training by submitting a statement, on
				  Form F-9C, Return to Duty Request form. This form is located on the agency's
				  website:
https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/
;
(A) Active duty members of the armed forces
				  eligible for probationary certification pursuant to this Paragraph and active
				  duty, guard, or reserve military members holding probationary or general
				  certification as a criminal justice officer who fail to complete all of the
				  required annual in-service training topics due to military obligations for up
				  to a period of three years shall complete the previous year's required
				  in-service training topics, the current year's required in-service training
				  topics, and complete with a passing score the appointing agency's in-service
				  firearms training and qualification program as prescribed in
				  12 NCAC
				  09E prior to their return to active criminal
				  justice status;
(B) Active duty,
				  guard, or reserve military members holding probationary or general
				  certification as a criminal justice officer who fail to complete all of the
				  required annual in-service training topics due to military obligations for a
				  period greater than three years shall complete the following topic areas within
				  the following time frames:
(i) The person
				  shall complete the previous year's required in-service training topics, the
				  current year's required in-service training topics, and complete the appointing
				  agency's in-service firearms training and qualification program as prescribed
				  in 12
				  NCAC 09E .0106 prior to their return to
				  active criminal justice status;
(ii) The person shall achieve a passing score
				  on the practical skills testing for the First Responder, Law Enforcement Driver
				  Training, and Subject Control Arrest Techniques topics enumerated in Rule
				  .0205(b)(5) of this Subchapter prior to returning to active criminal justice
				  status. This practical skills testing may be completed either in a
				  Commission-accredited Basic Law Enforcement Training Course or under the
				  instruction of a Commission-certified instructor for that particular skill. The
				  person shall complete one physical fitness assessment in lieu of the Fitness
				  Assessment and Testing topic. The person shall also be examined by a physician
				  per Rule .0104(b) of this Subchapter; and
(iii) The person shall complete required
				  topics in the legal unit of instruction in the Commission-accredited Basic Law
				  Enforcement Training Course as set forth in Rule .0205(b)(1) of this
				  Subchapter. The required topics include Motor Vehicle Law; Juvenile Laws and
				  Procedures; Arrest, Search and Seizure/Constitutional Law; and ABC Laws and
				  Procedures. The person shall achieve a passing score on the topic tests for
				  each course. The person may undertake each of these legal unit topics of
				  instruction either in a Commission-accredited Basic Law Enforcement Training
				  Course or under the instruction of a Commission-certified instructor for that
				  particular topic of instruction. The person shall complete each of the
				  enumerated topics of instruction within 12 months from the beginning of his or
				  her return to active criminal justice status; and
(20) An active duty member of the
				  armed forces who completes the Commission-accredited Basic Law Enforcement
				  Training Course in its entirety as prescribed in Rule .0405 of this Subchapter,
				  annually completes the mandatory in-service training topics as prescribed in
				  12 NCAC
				  09E .0105, with the exception of the Firearms
				  and Qualification testing requirements contained in
				  12 NCAC
				  09E .0105(a)(3) for each
				  year subsequent to the completion of the Commission-accredited Basic Law
				  Enforcement Training Course, and achieves a passing score on the State
				  Comprehensive Examination as prescribed in Rule .0406 of this Subchapter within
				  five years of separating from active duty status shall be eligible for
				  probationary certification as prescribed in
				  12 NCAC
				  09C .0303 for a period of 12 months from the
				  date he or she separates from active duty status in the armed forces. All
				  mandatory in-service training topics as prescribed in
				  12 NCAC
				  09E .0105 shall be completed by the
				  individual prior to receiving probationary certification.