SECTION .0400 ‑ OPERATION OF DCI TERMINAL

 

12 NCAC 04E .0401          DCI TERMINAL OPERATOR

(a)  A DCI Terminal operator is a person who has been certified through the DCI certification process as stated in Rule .0402 of this Section.

(b)  An individual is eligible to attend certification class and become a DCI terminal operator only if employed by and under the management control of an agency as described in Rule .0201 of this Subchapter and only after the individual has had a fingerprint criminal records search completed or a computerized criminal history records search conducted, and filed with the employing agency indicating that the individual is not convicted of a prohibiting criminal offense.

(c)  The employing agency shall cause a background investigation to be conducted on all employees assigned as DCI operators.  Such investigation shall include a state and national fingerprint search for a criminal record.  Any individual who has been convicted of a felony or in the judgment of the agency head or the SBI Assistant Director for DCI, has been convicted of a misdemeanor involving fraud, misrepresentation, or deceit shall not be eligible to become certified as a DCI terminal operator or is subject to revocation of operator certification by DCI, in accordance with the periods of suspension set out in 12 NCAC 4E .0404.

(d)  An employee assigned as a DCI operator and who currently holds valid certification as a sworn law enforcement officer with the powers of arrest through either the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission shall not be subject to the criminal history record and background search provisions of 12 NCAC 4E .0401(b) and (c).

 

History Note:        Authority G.S. 114‑10; 114‑10.1;

Eff. November 1, 1991;

Amended Eff. August 1, 1998.