12 NCAC 09B .0237          LIDAR INSTRUCTOR TRAINING COURSE

(a)  The Lidar Instructor Training Course shall be designed to provide the trainee with the skills and knowledge to perform the function of a lidar instructor. This course shall be for a period not to exceed six consecutive weeks. If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional breaks in a specific course delivery when the Director determines that doing so is necessary based on consideration of the following factors:

(1)           Whether instruction has begun in the course or whether course initiation may be postponed;

(2)           The risk of harm to students that may be caused by continuation of the course;

(3)           Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4)           The specific need for the waiver; and

(5)           The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to the Section shall be posted on the CJETS website https://ncdoj.gov/law-enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began during the effective period of the State of Emergency.

(b)  The Lidar Instructor Training Course required for lidar instructor certification shall include the topic areas and number of hours as outlined in the Lidar Instructor Training Course. To qualify for lidar instructor certification, an applicant shall meet the requirements as outlined in The Lidar Instructor Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(c)  Each applicant for lidar instructor training shall:

(1)           present the endorsement of a Commission‑recognized school director or agency executive officer or his designee;

(2)           possess full criminal justice General Instructor Certification as required in 12 NCAC 09B .0302; and

(3)           possess a current and valid lidar operator certification.

(d)  The "Lidar Instructor Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the lidar instructor training course for lidar instructors as administered by the Commission. Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1700 Tryon Park Drive

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

(e)  Commission‑certified school that is certified to offer the LIDAR Instructor Training Course is The North Carolina Justice Academy.

History Note:        Authority G.S. 17C-6;

Eff. May 1, 2004;

Amended Eff. November 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019;

Amended Eff. April 1, 2022.